Loading...
1996-07-02 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL JULY 2, 1996 The meeting convened at 8:07 p.m., with Mayor Appezzato presiding. Elder John Pillitiere, Alameda Chapel, gave the invocation. ROLL CALL Present: Councilmembers Arnerich, DeWitt, Mannix, and Mayor Appezzato - 4. Absent: Councilmember Lucas - 1. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY President Appezzato stated that at a recent joint meeting of the City Council and School Board,. Councilmember DeWitt suggested that a Summer Youth Employment Program be created; as a result, 2,000 letters were sent out to local businesses and 17 responses received to employ high school students; 22 students applied for summer jobs, and 15 students were hired; the program would be continued every summer; and he thanked Councilmember DeWitt for his suggestion, and the City Manager's Office for its clerical support. CONSENT CALENDAR President Appezzato stated that the following items would be pulled from the Consent Calendar for discussion: Report regarding request from East Bay Conversion and Reinvestment Commission for Grant Funds; Resolution regarding Candidates Statements; and Resolution regarding Fee Schedule for Concealed Weapon Permits and Massage Technician Permits. Councilman Arnerich moved acceptance of the remainder of the Consent Calendar. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 4. (*96-351) Minutes of the Regular and Special City Council Meetings of June 18, 1996. Approved. (*96-352) Report from City Clerk recommending award of contract to the Alameda Journal for publishing of legal advertising for FY 1996-97. Accepted. (*96-353) Report from the Public Works Director recommending acceptance of work by Buestad Construction and release of the Retention for the Disabled Accessibility Improvements for West End Minutes Regular Alameda City Council July 2, 1996 188 Branch Library Project, No. P.W. 09-95-17. Accepted. (*96-354) Report from the Finance Director transmitting the Annual City of Alameda Investment Policy. Accepted. (*96-355) Resolution No.12786 "Authorizing Grant Application to the State Office of Traffic Safety and Expenditure of Grant Funds for a Drunk Driving Education and Enforcement Program for the City of Alameda." Adopted. (*96-356) Resolution No.12787 "Authorizing Participation in State/Federal Surplus Personal Property Program and Repealing Resolution No. 12360." Adopted. (*96-357) Resolution No.12688 "Calling for a General Municipal Election to be Consolidated with the Statewide General Election, to be held in the City of Alameda on Tuesday, November 5, 1996." Adopted. (*96-358) Resolution No.12789 "Requesting the Alameda County Board of Supervisors to Permit the County Clerk to Render Specified Services to the City Relating to the Conduct of the General Municipal Election November 5, 1996." Adopted. (*96-359) Resolution No.12790 "Amending Conflict of Interest Code by Amending Paragraph Two of Resolution No. 9460 Relative to Disclosure Positions and Disclosure Categories and Rescinding Resolution No. 12634." Adopted. (*96-360) Resolution No.12691 "Establishing Guidelines for Reimbursement of Per Diem Allowance for City of Alameda Business Travel." Adopted. (*96-361) Resolution No.12792 "Establishing Guidelines for Reimbursement of Mileage for City of Alameda Business Travel As Internal Revenue Service Published Mileage Reimbursement Rate." Adopted. (*96-362) to Notice (*96-363) Deduction Resolution No.12793 "Opposing Senate Bill 1471, Relating of Stripped Assessments." Adopted. Resolution No.12794 "Approving a Pre-Tax Payroll Plan for Service Credit Purchases." Adopted. (*96-364) Affidavit of City Manager and Chief of Police Pursuant to Section 17-11 of the Charter of the City of Alameda. Approved for filing. (*96-365) Bills for ratification. Ratified in the amount of $1,329,237.97. Minutes Regular. Alameda City Council July 2, 1996 2 (96-366) Report from the Public Works Director recommending approval of request from East Bay Conversion and Reinvestment Commission for Grant Funds from the Waste Management Recycling Program for a Naval -Air Station Demonstration Project on Deconstruction for salvage, reuse and recycling for buildings designated for demolition. Accepted. Neil Patrick Sweeney, Alameda, stated that the City should declare war on environmental cleanup at the base, and contractors hired for cleanup offered bonuses and scheduled to work seven days a week. Councilman Arnerich moved approval of the staff recommendation. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 4. (96-367) Resolution No.12795 "Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters." Adopted. Councilman. Arnerich stated that often candidates find money hard to come by, and he inquired whether the City Clerk would be agreeable to: 1) a deposit of $100 [rather than a $300 deposit] toward the printing costs of a Candidate's Statement [in the Voter's Pamphlet], 2) deposit paid when nomination papers were filed, and 3) the balance of printing costs paid following the election, and within 10 days [of invoice]. Following the City Clerk's affirmative response, Councilman Arnerich so moved. Vice Mayor Mannix seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Arnerich, Mannix and President Appezzato - 3. Noes: None. Absent: Councilmember Lucas - 1. Abstentions: Councilmember DeWitt -1. (96-368) Resolution No.12796 "Amending the Master Fee Resolution No. 12191 Revising Permit Application Fee Schedule for Concealed Weapon Permits and Massage Technician Permits." Adopted. William Rae, Alameda, stated that concealed weapon permit fees should not be prohibitive, and that the fear of law abiding citizens with firearms was largely unfounded. Lynn Jones, Union City, NRA Alameda County Members Council Representative, urged the City Council to adopt the model concealed weapons resolution transmitted to the City Council during the week of June 24. Vice Mayor Mannix stated that only fees charged for issuance of the Mizuka Regular Alameda City Council July 2, 1996 3 in 1. permits were being addressed by Council; the fees were based on actual cost to the Police Department; and he moved the approval of the staff recommendation, Councilman Arnerich stated that the fee schedule was appropriate; and he seconded the motion. The motion carried by unanimous voice vote - 4. REGULAR AGENDA ITEMS (96-369) Resolution No.12797 "Reappointing Judy Tam as a Member of the Social Service Human Relations Board." Adopted. Vice Mayor Mannix moved adoption of the resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. The Deputy City Clerk administered the Oath of Office. (96-370) Resolution No. 12798 "Opposing Deannexation of Vista College from the Peralta College District and AB 2333". (Vice Mayor Mannix) Note: This item was taken out of order. Rick Greenspan, College of Alameda instructor, stated that the largest contingent of Alameda's high school seniors attend the College of Alameda, and keeping the Peralta College system was in everyone's interest. Helene Maxwell, College of Alameda Instructor, Representative of Peralta Community Against Deannexation Group, requested Council to endorse the resolution, and to transmit a .copy of same to the California Community College Board of Governors. Amey Stone, Alameda, Peralta College Trustee, announced that George Herring, the confirmed President of the College of Alameda, was in the audience. The City Council congratulated President Herring on his appointment. Vice Mayor Mannix moved adoption of the resolution, and directed staff to notify the Community College Board of Governors of Council's position. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. Minute/ Regular Alameda City Council July 2, 1996 4 101 (96-371) Public Hearing to consider Resolution No. 12799 "Declaring Sources of Infiltration and Inflow from Storm Water on Private Property Located in Sanitary Sewer Basin 97 to be a Public Nuisance; Ordering the Abatement of said Nuisances, and Authorizing the City Engineer to Take the Necessary Action to Correct Same." Adopted. President Appezzato opened the public portion of the Hearing. There being no public speakers, the public portion of the Hearing was closed. Councilman Arnerich moved adoption of the Resolution. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 4. (96-372) Report from Chair, Rent Review Advisory Committee, regarding rent increases and maintenance concerns at 2045 Clinton Avenue. Don Roberts, Alameda, stated that Charles and Honora Murphy, landlords of said property, did not attend the Rent Review Committee Meetings which addressed tenants' concerns, nor did they respond to a letter; tenants have a number of complaints which have not been addressed; and he inquired why it was necessary to bring the matter to the Council, and whether the Mayor had intervened with the Murphys, as suggested by the RRAC Chair, President Appezzato stated that he believed it was more appropriate for the matter to be heard before the City Council. Dan Lasar, Acting Chair, RRAC, stated that rent increases at 2045 Clinton Avenue have been between 15% to 28%; that tenants complain about many maintenance factors; RRAC has attempted to contact the Murphys three times without success; landlords should not soak a tenant to reconvert buildings; rents should not be raised 20% to 30% because of bad management; RRAC has requested the landlords to consider a 5% rental increase for 6 months in order to provide tenants time to move, or otherwise; and RRAC requests Council to contact the landlords or get the landlord to talk to the Committee. President Appezzato stated that he was sure the public hearing would serve that purpose. Barbara Kerr, Alameda, landlord and President of Rental Owners of Alameda, urged Council to support the RRAC; she stated that the Committee had an astonishing success rate without police powers, and its recommendation should be supported. Miat4r-.1 Regular Alameda City Council July 2, 1996 5 1 President Appezzato stated that Alameda did not have rent control; RRAC had been highly successful in preventing rent control from coming to Alameda; and RRAC had done a wonderful job over the years. Councilman Arnerich stated that Council should do everything it can to bring the landlords to the bargaining table. Vice Mayor Mannix moved approval of the Committee's recommendation that the City Council acknowledge rent increases at 2045 Clinton were excessive and placed an unfair burden on the tenants, and Council encourage the owner to comply with the RRAC's suggestions. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. 96-373) Report from Assistant City Manager regarding Boards and Commissions. (Vice Mayor Mannix). Barbara Kerr, Alameda, stated that she endorsed the continued existence of the Rent Review Advisory Committee. Don Roberts, Alameda, stated that he concurred with Barbara Kerr; he was concerned the staff report stated that the Cable Television Advisory Committee should not be abolished, restructured or eliminated; Federal Communications Commission had pre-empted any authority for local cities over cable operations; and he believed the Committee's functions would be best performed under the City's Public Utilities Board (PUB). Vice Mayor Mannix stated that boards, commissions and committees should be periodically reformed and refocused; that without a review process, there could be poor management and cumbersome procedures; some boards and commissions were created to insulate the Council from taking responsibility; he had a high regard for volunteers; he would like Council to direct the staff to consider restructuring, refocusing or eliminating some boards/commissions/committees; and that he would like the following to be considered: 1) the Public Utilities Board explore the feasibility of developing an updated Charter; 2) Social Service Human Relations Board combine the functions of the Mayor's Committee for the Disabled and Rent Review Advisory Committee with its functions; 3) Pension Board eliminated when Pensions 1079 and 1082 funds expire; 4) Board of Appeals combine with Planning Board, and with thirty-day standard for filing an Appeal; 5) Golf Commission and the Recreation Commission combine into a Leisure Services Commission; 6) Economic Developilent Commission eliminate Base Reuse Authority Group overlaps; 7) Traffic Advisory Committee combine with the Traffic Systems Management Committee and restructure to reflect changing State mandates, or be eliminated; Minutes Regular Alameda City Council July 2, 1996 6 I 0 • 1. 0,, 8) Cable Television Advisory Committee combine with the Public Utilities Board, or be eliminated; 9) Airport Operations Committee be eliminated when EIR/EIS completed; and 10) the Base Reuse Authority Group explore restructuring to eliminate redundance with other City bodies. Councilman Arnerich stated that possibly the Cable Oversight Committee could be eliminated; that the Golf Commission and Recreation Commission were combined previously, and it was disastrous; and Council should receive input from staff. President Appezzato stated that it may be a good idea to look at the committees; prior to the removal of any committee, it should report on its function and how it served the City; the more citizens involved in government, the better government is; and that volunteers were valuable. Vice Mayor Mannix stated that he also liked volunteerism; and that he was requesting committee- chairs and members to report back with recommendations. Vice Mayor Mannix moved acceptance of the staff recommendation ". . . that if the Council was inclined toward any changes in structure or role, the respective board, commission or committee should be asked to provide comments and concerns before any final action was taken," and acceptance of Council's comments. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. (96-374) Report from Planning Director regarding the Planning Board's recommendation on the home ownership goals for Alameda. (Councilmember Lucas). Neil Patrick Sweeney, Alameda, encouraged the use of the Internet to accomplish home ownership goals. Barbara Kerr, Alameda, stated that she strongly supports a 70% home ownership goal; there is a supply of single-family dwellings in Alameda which were available to first-time home buyers; and that she was advised by the County Auditor Office's there were 12,504 homeowner exemptions in the City of Alameda which is over 1,200 less than the number quoted in the Planning Director's report. Eve Roberson, Alameda, Chair, Local Government Relations Committee, Alameda Association of Realtors, spoke on behalf of the Association's President; she stated that the Association agreed with the Planning Board recommendation for at least a 60% homeowner occupancy for Alameda; that home ownership opportunities may be available now, such as the Buena Vista Apartments; such buildings Minutes Regular Alameda City Council July 2, 1996 7 194 should be targeted in order to reach goals; and in addition to the Planning Board's recommendations, the Association recommended that the Planning Department be included in the group to study the matter; and the Association also encouraged that consideration of amending the Condominium Conversion Ordinance be given high priority. Councilman Arnerich stated that the recommendation should be approved; home ownership goal should be established at 60%; and staff should work with realtors and Planning on reaching goal; and he so moved. Councilmember DeWitt seconded the motion. Under discussion, Vice Mayor Mannix stated that home ownership should be encouraged; that every assistance program available should be explored, including the re-evaluation of how the City distributes CDGB funding; goal setting had a tendency to interfere with market forces, and could meddle in people's personal investments; City should not set goals, but measure successes; and the successes should be reported annually. In response to President Appezzato's inquiry, the Planning Director stated that the 60% goal was consistent with the goals of the Housing Element; and the Metroscan Program was used to calculate the number of properties identified as residential, including individual condominium units. President Appezzato stated that the City should pursue home ownership; he had no difficulty with the 60% home ownership goal; staff should pursue an exact home ownership figure for Alameda; he was concerned with the Planning Board's recommendation that no increase in taxes (property transfer tax or business license taxes) should be considered to advance the goal of home ownership; he did not believe there should be special preferences, and he did not intend to raise taxes; and he further commented that he would support the Planning Board's recommendations that the City Council should 1) adopt a City-wide home ownership goal of 60% and, and 2) direct the Community Development Department to work with realtors to develop strategies and programs to implement goal. President Appezzato further stated that he had a major concern regarding amending the City's Condominium Conversion Ordinance; he believed there could be changes to allow the conversion of condominiums that would not go forward under the City's strict Ordinance; the Ordinance was in place to ensure that Alameda would not have sub-standard housing; and he would be very concerned if there was a move to completely strip the Ordinance to foster home ownership. Minutes Regular Alameda City Council July 2, 1996 8 JL On the call for the question, the motion failed by the following voice vote: Ayes: Councilmembers Arnerich and DeWitt - 2; Noes: President Appezzato and Vice Mayor Mannix - 2. Absent: Councilmember Lucas - 1. (96-375) Resolution No. 12800 "Amending Master Fee Resolution No. 12191 by Establishing and Increasing Various Chuck Corica Golf Complex Rates." Adopted. Bert Morgan, Alameda, stated that the matter should be deferred, and the rates and allocation of funds for Golf Course improvements reviewed and presented to the Golf Commission and Council. Stephen Palmer, Alameda, stated that he opposed the elimination of the Driving Range Discount Card. Fred Leitz, Golf Commissioner, stated that rate increases were necessary for Golf Course improvements, and Council must look at whether the City should subsidize residents and senior non- residents at the Course. Councilmember DeWitt stated that the Golf Commission unanimously approved the recommendation; and he moved approval of fee proposal. Councilman Arnerich stated that the fee proposal was for Golf Course improvements, and the golfers were owed improvements; and that a formula should be developed for allocating funds to the Golf Course and to the City. Councilman Arnerich seconded Councilmember DeWitt's motion. Under discussion, Vice Mayor Mannix stated that there was a new management team at the Golf Course evaluating resources; there should be a concerted effort to identify other sources of revenue and how they could be maximized; the proposed fee increase should be in phases: one dollar now and one dollar in 1997; that consideration should be given to the rate for the military not being eliminated until April 1, 1997, when the military leaves; and he requested Councilmember DeWitt to amend his motion to include his comment regarding the military rate. Councilmember DeWitt stated that he wanted to approve the fee proposal as submitted in the recommendation. In response to President Appezzato's inquiry, the City Manager stated that the Report includes monies transferred to the General Fund, including reimbursements to City departments for services provided to the Golf Division--other than the 1% pilot payment in lieu of taxes approved by the Council for Enterprise Funds; Council had adopted a budget for the coming year, therefore the proposed Minutes Regular Alameda City Council • July 2, 1996 9 rate increase would not change said budget; and that the rate increase was proposed to finance projects that would not be completed otherwise. President Appezzato inquired whether Golf monies were used to fund baseball field and Police salaries. The City Manager responded that Golf Course funds go into the General Fund, and that the General Fund paid for the salaries of most City employees and for whatever Council deems necessary. President Appezzato stated that he would not approve more fees or taxes when the City continues to transfer monies to the County or to buy land. On the call for the question, the motion to adopt the Resolution failed by the following voice vote: ,Ayes: Councilman Arnerich and Councilmember DeWitt - 2. Noes: Vice Mayor Mannix and President Appezzato -2. Absent: Councilmember Lucas - 1. Vice Mayor Mannix moved approval of the recommendation, with proviso that the fee increase be in phases: one dollar now and one dollar July 1997, and that Military Rate remain in effect until April 1, 1997. Councilman Arnerich seconded the motion. President Appezzato stated that he would be most vigilant to ensure that the Golf Course Enterprise Funds stay at the Golf Course and be used for the Driving Range this fall. On call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, and Mannix - 3. Noes: President Appezzato - 1. Absent: Councilmember Lucas - 1. (96-376) Report from General Manager, Golf Complex, regarding commercial advertising at the Golf Course. Fred Leitz, Alameda, stated that he is not in favor of commercial advertising at the Golf Course. Norma Arnerich, President, Alameda Junior Golf Club Advisory Board, stated that advertising will not help the golfers or the Enterprise Fund; local charities would lose; and she urged Council to support the Golf Commission's recommendation that the City Council not allow advertisement at the Golf Complex. Don Roberts, Alameda, urged Council to abide by the recommendation of the Golf Commission. Minutes Regular Alameda City Council July 2, 1996 10 Bert Morgan, Alameda, stated that he supported the recommendation. Gerhard Degemann, Alameda, stated that he supported the Golf Commission's position. In response to President Appezzato's inquiry, the City Manager stated that prior policy was not to have advertising in any of the parks, including the Golf Course. Councilmember DeWitt moved that the Council uphold the unanimous recommendation of the Golf Commission to not allow advertisement at the Golf Course. Councilman Arnerich seconded the motion. Under discussion, Vice Mayor Mannix stated that he did not have a strong opinion one way or another on this particular issue. President Appezzato stated that he agreed with Norma Arnerich's statement that commercial advertising at the Golf Course did not make fiscal sense, and he would support the recommendation. On the call for the question, the motion carried by unanimous voice vote - 4. (96-377) Final Passage of Ordinance No. 2727 "Amending the Alameda Municipal Code by Amending Section 30-2 (Definitions) of Section 30-1 (Zoning Plan), Article I (Zoning Districts and Regulations); Section 30-4 (District Uses and Regulations); and Section 30-21 (Variances, Use Permits: Procedure); of Chapter XXX (Development Regulations) Thereof, to Allow Hazardous Materials Processing Facilities by Conditional Use Permit in the M-2 (General Industrial Manufacturing) District, for Consistency with the Alameda County Hazardous Waste Management Plan." Finally passed. Vice Mayor Mannix moved final passage of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (96-378) Neil Patrick Sweeney, Alameda, announced several upcoming local events. (96-379) Susan McCormack, owner of the Webster House Bed and Breakfast, stated that she had received the floor plan for the Webster House from an 1852 book; the floor plan was an original A.J. Downing premiere Gothic Revival; and that her sixth-grade nephew, John Edward Denning, II provided the information; said Minutes Rcgular Alameda City Council July 2, 1996 11 198 information allows for the Webster House to be placed on the National Registry. Ms. McCormack suggested that Council support the formation of a new organization, Save Our Heritage Organization, now in San Diego; she stated that the organization would accurately document and register properties free of charge; said organization was not political; the benefits to the City would be appraisals of historical homes and the availability of lenders; and that Council should issue a proclamation recognizing the research and work done by her nephew. President Appezzato directed the City Manager to recognize Mr. Denning with a letter and/or certificate of recognition. (96-380) William McCall Sr., former Alameda Mayor, stated that he opposed San Leandro's homeless relocating to Alameda. President Appezzato directed that this issue be agendized for consideration at the Alameda Reuse and Redevelopment Authority Meeting in August. (96-381) Gerhard Degemann, Alameda, stated that he would like to be able to address the Council following their discussion and vote on agenda items, and he suggested matter be agendized for the next Council meeting. (96-382) President Appezzato advised Council that there were two citizens who wished to address the Rent Review Advisory Committee (RRAC) issue heard earlier. Councilmember DeWitt moved that Council hear the speakers' comments. Vice Mayor Mannix seconded the motion, which carried by the following voice vote: Ayes: Councilmembers DeWitt, Mannix and President Appezzato - 3. Noes: Councilman Arnerich - 1. Absent: Councilmember Lucas - 1. Pam Mason, Alameda, requested clarification on Council's action earlier in the evening. President Appezzato stated that the RRAC's recommendation was for City Council to recognize that the rent increase at 2045 Clinton Avenue was obsessive and placed an unfair burden on the tenants, and to encourage the owner to comply with the Committee's suggestions. Karen Moderwald, Alameda, stated that the City Building Inspector had issued two violations at 2045 Clinton Avenue; and she requested that said violations be emphasized as well. COUNCIL COMMUNICATIONS Minutes Regular Alameda City Council July 2, 1996 12 1QQ (96-383) Vice Mayor Mannix directed staff to report on the feasibility of changing Times Way to Barbara Stevenson Way. (96-384) President Appezzato requested Mr. Degemann to put his request, earlier Oral Communication regarding public speakers, in writing. (96-385) President Appezzato stated that all communications to the Council should be routinely placed on the Agenda under Written Communications; if there are no speakers and Council does not wish to discuss a communication, the communications would be accepted without comment, en masse; and Gerhard Degemann's letter would be the first. (96-386) Councilmember DeWitt stated that he would like the residents of Alameda to be informed on recent construction projects at the Oakland International Airport and the matter of compliance with the California Environmental Quality Act; there were projects under construction which could impact the citizens of Alameda, and has not bee considered under the Environmental Quality Act; he was in possession of a letter from the Citizens League for Airport Safety and Serenity addressed to the City Manager, dated June 26; and that he would like that letter to be forwarded to the Airport Operations Committee for consideration and recommendation to the Council. (96-387) Councilman Arnerich stated that Dana Banke, new General Manager of the Golf Complex, was in the audience and should be recognized; and that Mr. Banke was a good selection. ADJOURNMENT (96-388) Mayor Appezzato adjourned the meeting at 10:34 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Minutes Regular Alameda City Council July 2, 1996 13