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1996-07-16 MinutesMINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL JULY 16, 1996 The meeting convened at 6:15 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. ABSENT: None. Councilmember DeWitt moved that: "Initiation of Litigation pursuant to subdivision (c) of Section 54956.9", be taken out of order to enable Public Speakers to address the Council. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (96-389) Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: Number of cases: One. Bill Kane, Alameda, stated that the Citizens League for Airport Safety and Serenity (CLASS) was attempting to involve the City in a lawsuit which has no factual basis; the lawsuit would be virtually impossible to win; and Council should reject said litigation. In response to Councilman Arnerich, Mr. Kane stated that he was informed by the Port of Oakland that the perimeters would be thirty-five feet at one and one-half to two-inch-thick paving on the shoulders, and the remainder of the runway [North Field Runway 27L-9R] is six inches thick. In response to Councilman Arnerich, the City Attorney stated that the Port of Oakland's Attorney directed the Port's Engineers to determine the minimum required width to maintain safe landings, however, he could not give specific or final perimeters. In response to Councilmember Lucas, Mr. Kane stated that debris on Special Meeting Alameda City Council Closed Session July 16, 1996 1 runways is always a problem. Councilmember Lucas stated that the paving is for improved safety purposes. President Appezzato stated that he understood that the runway already accommodates every kind of aircraft; and if these [runway maintenance improvements] are not done, they [the Airport] could increase night flights over Alameda. Jon Rodgers, Alameda, stated that the project is solely to remove debris, and the issue is not who can use the runway. Mr. Rogers also commented on quiet hours and preferential runway programs. President Appezzato stated that the request for the City to join in litigation has been withdrawn. Councilmember DeWitt noted that the Port of Oakland could now continue with maintenance repairs. President Appezzato stated that in the future the Airport Committee should hold open hearings when the Port of Oakland presents information. [See continuation of Paragraph 96-389 below] President Appezzato adjourned the Special meeting to Closed Session to consider: PERSONNEL MATTERS - PUBLIC EMPLOYEE APPOINTMENT (54957) (96-390) Title: City Manager CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (96-389) Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: Number of cases: One. (96-391) Significant exposure to litigation to subdivision (b) of Section 54956.9. Number of cases: Two. Following the Closed Session President Appezzato announced that on Initiation of Litigation, litigation would not be commenced at this time. Special Meeting Alameda City Council Closed Session July 16, 1996 2 President Appezzato announced that on Personnel Matters - Public Employee Appointment, the City Manger would be obtaining the services of David M. Griffith & Associates to conduct recruitment for City Manager, and that Council will be appointing Assistant City Manager Rob Wonder as interim City Manager on September 6, 1996. President Appezzato announced that on Significant Exposure to Litigation, the City Attorney briefed Council. ADJOURNMENT The meeting was adjourned at 7:34 p.m. Respectfully submitted DIANE B. FELSCH, CMC City Clerk Prepared by: Deputy City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting Alameda City Council Closed Session July 16, 1996 3 0:, MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL JULY 16, 1996 The meeting convened at 7:32 p.m. with President Appezzato presiding. Councilman Arnerich led the Pledge of Allegiance. Reverend Lois "Suji" Hochenauer, Home of Truth, gave the invocation. ROLL CALL Present: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (96-392) President Appezzato presented Certificates of Appreciation to the Bakin Tree Service Bullfrogs (Little League) for winning the District 4 Senior Minors Tournament of Champions. CONSENT CALENDAR President Appezzato stated that the following items would be pulled from the Consent Calendar for discussion: (96-397) Report regarding Travel Budget for the Bureau of Electricity; (96-398) Report recommending Signal and Striping Modification at Otis and Westline Drives; (96-399) Report recommending denial of request for Fee Waiver from Daniel Wing Ng, Use Permit and Variance at 1329 Park Street; and (96-340) Introduction of Ordinance Authorizing Execution of Amendment to Lease, Alameda Swimming Pool Association. Councilmember Lucas stated she would abstain on (96-395), Ordinance regarding the 3363 Fernside Boulevard Lease. Vice Mayor Mannix moved acceptance of the remainder of the Consent Calendar. Councilmember DeWitt seconded the motion. Motion carried by unanimous voice vote - 5. [Exception: (96-395) Councilmember Lucas abstained.] Items so enacted or adopted are indicated by an asterisk. *96-393 Report from Public Works Director recommending authorization to oppose AB 317 - Preemption of Local Shopping Cart Ordinance. Accepted. Regular Meeting Alameda City Council July 16, 1996 (*96-394) Resolution No. 12801 "Authorizing the Implementation of the ICMA Retirement Corporation Prototype Money Purchase Plan, Pursuant to the Specific Provisions of the Adoption Agreement." Adopted. (*96-395) Introduction of Ordinance "Approving and Authorizing Execution of an Amendment to Lease of Real Property (Tidal Canal) Between City, as Lessor, and Dieter and Helene Rabe, as Lessees, at 3363 Fernside Boulevard." Introduced. [Abstentions: Councilmember Lucas - 1.] (*96-396) Ratification of Bills in the amount of $2,434,641.76. Ratified. (96-397) Report, from Chair, Public Utilities Board, regarding Travel Budget for the Bureau of Electricity. Accepted. Don Roberts, Alameda, stated that cutting back on extravagant travel trips would be a good start toward making the Bureau more efficient. Mark Hanna, former President, Public Utilities Board, stated travel and training were needed to develop the tools needed to compete in the industry now. Ken Hansen, President, Public Utilities Board, stated that the Bureau would be coming into a new age; it will be involved in the communications industry; Bureau must enlarge its scope if it is to survive under the new terms of deregulation; and that training is required. Vice Mayor Mannix moved approval of the Board's recommendation [that Council approve the Bureau Fiscal Year 1997 Travel Budget described in the Exhibit attached to the report]. Councilmember Lucas seconded the motion. Under discussion, Councilman Arnerich stated the Bureau should come back with a pared-down travel budget next year. President Appezzato stated the Bureau contributes close to $3 million to the General Fund. On the call for the question, the motion carried by unanimous voice vote - 5. (96-398) Report from Public Works Director recommending authorization to perform signal and striping modifications at Otis Drive and Westline Drive. Regular Meeting Alameda City Council July 16, 1996 2 Councilman Arnerich stated that the matter required public input, and requested it be re-agendized for the next Council meeting. Councilman Arnerich stated that he did not find anything on traffic configurations. Councilman Arnerich moved the item be re-agendized. The City Manager stated that information pertaining to the traffic configurations was placed on file in the City Clerk's office for review. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (96-399) Report from Planning Director recommending denial of a request for a Fee Waiver pursuant to Section 20-26(c) of the Alameda Municipal Code, from Daniel Wing Ng, regarding an application for a Use Permit and Variance to legalize conversion of upper stories of the building at 1329 Park Street, the Old Masonic Temple, from assembly/commercial to residential. Jena Zhuo, Alameda, speaking on behalf of Mr. Ng, stated that $3556 was paid in 1995 for Variance and Use Permit fees, which included a $1875 penalty; previous owner did some work without a permit, and they [Mr. Ng] had to pay the penalty; they were promised fees would be refunded when the construction was done; construction and retrofit work will cost $100,000; and property owner needs City's help to complete this work. In response to President Appezzato's inquiry, Ms. Zhuo stated that Judith Altschuler [Assistant Planner] and Steve Davis [Chief Building Inspector] worked with her, and promised that the fees would be refunded. In response to President Appezzato, the City Manager stated he was not aware of any promises by staff to refund the fees. The Planning Director, in response to Councilmember Lucas, stated the property owner had been advised that one half of the penalty fee would be refunded when Permit Conditions were satisfied. President Appezzato requested the Planning Director to explain, as soon as possible, the process again to the Applicant. Councilmember Lucas moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council July 16, 1996 3 (96-400) Introduction of Ordinance "Authorizing Execution of an Amendment to Lease of Real Property Between City, as Lessor, and Alameda Swimming Pool Association, as Lessee, for Swimming Pool Facilities at Lincoln and Franklin Parks." Introduced. Lynn Krekemeyer, Mirage Swim Team, requested Council not to renew Lease until changes occur both in the Association and Board of Trustees. In response to President Appezzato, the City Manager stated that the Association is required to provide the City with an annual accounting of how funds are disbursed, and available to the Association's membership; the City has not interfered with the Association and its members in the past; he had not been aware of any controversy; and annual accounting records are available. At the request of Councilmember Lucas, the City Attorney advised the records are public. Nancy Bonnifield, Alameda, Association Member, stated if the City renews the Lease it is turning over the property to a small number of people not democratically elected; and requested the Lease not be renewed until everyone is treated equally and all members are given a vote. Tina Woods, Alameda, stated that the swimming program is the finest program made available to children, and she requested Council to support the Lease Amendment. Flor Delle Cese, Vice President, Alameda Alligators Swim Team, stated that the program provides instructive, competitive swimming instructions, and she thanked the Board for its dedication and adherence to the visions of the pools' benefactors. Jim Stonehouse, Alameda, stated that the Organization was incorporated and its By-laws State-approved, By-laws provide for a Board of Trustees; Trustees have a long view and understanding of how the program works; and it is in the best interest of all concerned that the Lease be renewed. Tim Seagren, Alameda, Trustee, urged Council to support the Ordinance. Gayle Godfrey Codiga, Alameda, noted that the original Lease Agreement states that Lessee may renew said Lease to May 31, 2001, if written notice is given; written notice has been given; and that option is being picked up. Regular Meeting Alameda City Council July 16, 1996 4 President Appezzato stated that he was unaware of any problems until this evening. Councilmember Lucas suggested that the City Manager make the accounting records available;, stated that the Association has a strong record in the community, and she does not want it endangered; she will support amendment to lease; and so moved. Councilman Arnerich seconded the motion. Under discussion, Councilman Arnerich stated that dissidents should have approached the Recreation Department to settle matters in a more amiable manner before reaching Council; he agreed with Mr. Stonehouse on reasons why the Board was set up in the manner that it is; financial reports are a matter of public record; and he inquired whether the Organization is willing to give financial data to any member of the Association if requested. Mr. Stonehouse responded in the affirmative. Councilman Arnerich stated the organization has operated exceptionally well, and it has saved children's lives and benefitted the City financially. President Appezzato requested that the City Manager invite Board Trustees and interested individuals to meet to discuss the Association and Program. On the call for the question, the motion carried by unanimous voice vote - 5. REGULAR AGENDA ITEMS (96 -401) Public Hearing to consider an Appeal of the Planning Board's approval of Variance (V -96 -3) and Design Review (DR- 96 -12) for the property at 1907 Eagle Avenue. Applicants: Cheryl and Patrick Connolly. Appellants: Ben and Barbara Luttringer, Prince and Kathryn Robinson and Dorothy Williams; and Resolution "Denying the Appeal of Ben and Barbara Luttringer, Prince and Kathryn Robinson and Dorothy Williams, and Upholding the Planning Board's Approval of Variance, V -96 -3 and Major Design Review, DR -96 -12 for 1907 Eagle Avenue." Not Adopted. Resolution No 12802 "Approving the Appeal of Ben and Barbara Luttringer, Prince and Kathryn Robinson and Dorothy Williams, and Overturning the Planning Board's Approval of Variance, V -96 -3 and Major Design Review, DR -96 -12 for 1907 Eagle Avenue." Adopted. Regular Meeting Alameda City Council July 16, 1996 5 Ben Luttringer, Appellant, stated that he objects to the Variance; believes the Planning Board was mislead by the Architect as to impact on neighbors; discussed Architect's presentation to Planning Board on drawings, measurements, and winter light and shadow, and noted lack of opportunity to question the drawings; and provided pictures to Council on light and shadow to show that the addition would be detrimental to his property. Diane Coler-Dark, Alameda, stated she believes Council has adequate cause to disallow the first two findings of the Planning Board--1) extraordinary circumstances, such as a small lot with a very small house, and 2) that enforcement of Code would deprive owners of rights possessed by other owners; and she requested that the Council overturn the Board's decision. Barbara Luttringer, Appellant, stated staff's research on key lots is not complete and that the matter should be put off until research is finished; the Connollys purchased the property with the knowledge that the sellers could not get a Variance; the only point that is relevant is if the light, shadow and views are affected, and by the Architect's admission [the Luttringers] will have fifteen minutes less sunshine in the morning and are therefore affected. President Appezzato stated that he would like a definition, after the speakers, for "key lot;" and he would like to know whether a key lot has an affect on the project. Kathryn Robinson, Appellant, stated that the project will be detrimental to her property; all view and open space to the west and rear of her property will be completely blocked north and west, adding to more shading; and she requests Council to overrule Planning Board's decision, so her rights can be upheld and a very poor precedent stopped. Prince Robinson, Appellant, discussed adverse affects of the Project and its footage; stated that the setback would allow only 14 inches for construction and maintenance of the wall surface, causing maintenance to be very difficult or impossible. Pat Connolly, Applicant, stated that only 171 square feet for a bedroom would be added; many improvements have been made to the house; there is more to the matter than just issues--some personal conflicts; she encouraged Council to go with most objective people- -the Planning Department and Planning Board; noted the Board stated Proposal was one of the best it had seen; in keeping with the craftsman style of the house, Architect Jack Hoyt was hired for the work, and the addition would not be evident and would be a minor one. Regular Meeting Alameda City Council July 16, 1996 6 In response to President Appezzato, Mr. Connolly stated that due to opposition from neighbors in 1995, he withdrew his Design Review Application to add a second story and went to a single-story addition. In response to Councilman Arnerich, Mr. Connolly stated he planned on remaining in the home. The Planning Director explained the difference between the 1995 and 1996 Applications; stated that the [proposed 1995] second-story addition had a small new footprint and the bulk of it sat over existing footprint; the 1996 proposed addition would be at ground floor level, substantially smaller, and extend footprint. The Planning Director, in response to Vice Mayor Mannix, stated if Council overruled the Planning Board, Mr. Connolly could make application and proceed with his first option; and the first option would not require a Variance. Robert Connolly, Alameda, stated that he opposed interference with the project; referred to letter written by the Appellant Barbara Luttringer, Item number 6, "... intent is to rent it [1907 Eagle] to Patrick Connolly's brother ...."; and stated he is Patrick Connolly's brother and has never given thought to renting 1907 Eagle Avenue. Robert Connolly stated that he would like Council to disregard the Appeal, and allow Connollys to continue with their plans. Cheryl Connolly, Applicant, stated that when they purchased the home, there was no disclosure of attempts of previous owner for an addition; discussed attempt to add second floor; stated matter has turned into bigger issue than it should be; based on City records, the house is the smallest in neighborhood; she showed pictures of 1911 Chestnut Street craftsman house built the same year as her home and allowed a Variance; and urged approval of Variance. Richard Ralph, Alameda, explained that the addition would be very small; stated Connollys have added much to the neighborhood; and Connollys basically want to raise a family, and cannot do it with one bedroom. Tom Vogt, acquaintance of Applicants, showed photos depicting what the Connollys have done to their home, and improvements to the neighborhood; addition is well thought out; and he supports the Connollys. Regular Meeting Alameda City Council July 16, 1996 7 21 Kevin Gill, Jack Hoyt Architects, reviewed the Connollys' efforts, beginning in 1994; stated a letter was sent inviting neighbors to share any concerns; although design was elegant and in keeping with the scale of surrounding homes, proposal was withdrawn in 1995 due to neighborhood opposition; he believes proposal would be an addition to the neighborhood and blend in; house would still be one of smallest homes in neighborhood with average lot coverage; and most homes are two story and cast longer shadow than proposal. Councilmember Lucas stated that thes issue is lot coverage; noted Connollys' lot coverage is less than the neighborhood's average, the addition would bring lot coverage up to average. President Appezzato commented that according to Attachment #1 of the Staff Report, titled "Bases of Appeal and Staff Response," Mr. Brighton stated that once Connollys have an approved footprint, a second story can be added without a Variance. The Planning Director stated Connollys could make Application, and the addition would go through the design review process. The Planning Director, in response to Councilmember Lucas, agreed that neighborhood opposition to previous Application came during the design review process. President Appezzato confirmed with the Connollys that they were unaware of previous owner's failure to get approval. Barbara Kerr, Alameda, stated that the percentage of lot coverage is not the issue she heard from neighbors; issue is side yards; noted Connollys could extend into the backyard and maintain current side yards; and requested Council to consider the legal liability if construction is approved. Linda Larkin, Alameda, stated that she supports the Appeal; property is not the smallest house or lot in the area; there are no extraordinary or exceptional circumstances; Variance would be a minimal adjustment; and three Variances would not be minimal or reasonable. Eve Roberson, Alameda, stated she supports the Appeal, and does not believe Variance is in the best interest of the historic neighborhood. Marion Miller, Alameda, urged Council to support the Appeal; stated the Connollys bought the house knowing it had one bedroom, and should have checked its history before purchasing it. Regular Meeting Alameda City Council July 16, 1996 8 Bill Kane, Alameda, stated that he supported the Appeal; that a petition was signed by thirty residents and twenty of those signatures were of neighbors somewhat adjacent to the property in question; and if that many people were opposed, that is the issue. Gary Thomas, President, City Planning Board, stated the issue is an emotional one; provided background of the matter; noted information received, Board Member site visits, architectural drawings, testimonies and Board's deliberation before reaching unanimous decision; stated the Appeal allegation that because of the unanimous decision, there must have been a violation of the Brown Act, is a serious and outrageous allegation; noted professionalism and integrity of Board Members, and stated a review of the tape of the proceedings clearly shows the issue was handled in a fair and proper manner, and fully debated to reach the proper conclusion. President Appezzato stated that the issue before Council is the Variance, and not the Planning Board's reputation. Dorothy Williams, owner at 1907-1909 Chestnut Street, stated the back of her property adjoins 1907 Eagle, and the extension should not be permitted. In response to Councilmember Lucas, Architect, Kevin Gill explained the necessity for a Variance to extend on the same level. Councilmember Lucas observed that of the nine neighboring lots, the buildings of three sit on the property lines without any side yard; one third do not have any side yard on one side; one has no side yard in the back; two neighbors to the west have very narrow side yards; and the neighbor to the east, the corner building, has a very narrow side yard. Mr. Gill stated houses were pushed to one side of property to allow for a driveway down the other side, because carriage houses were in back; that occurred up until the 1940s or 1950s; thereafter, side yard setback requirements were established. President Appezzato discussed the possibility of eliminating two Variances by developing a different design, and the possibility of a Variance for lot coverage. Mr. Gill stated a Variance for lot coverage would have been given; that one Variance was eliminated to accommodate the neighbor. Councilman Arnerich inquired if the house could be taken back [to a dotted line on a drawing before Council]. Regular Meeting Alameda City Council July 16, 1996 9 Mr Gill stated it would have a greater impact on the Luttringers' property by allowing more shading than proposed. In response to President Appezzato, the Planning Director provided the definition of a key lot; stated the key lot [1907 Eagle Avenue] does not have any affect on the Project, or create additional requirements. Councilmember Lucas stated that the Connollys provided a project compatible with the building and limited space; the addition is minimal; neighboring properties have narrow side yards; she believes project is consistent with Variance requirements; Connollys have done an exceptional job in improving and preserving the property; and she wants to uphold the Planning Board's decision. Councilman Arnerich stated that he agrees the Connollys have made a joint effort with the Architect to do a good job; however, he thinks there might be a violation of property rights; noted affect of shade; and stated he will not be in favor of the Planning Board's recommendation. Vice Mayor Mannix stated that matter is difficult; it is a case of people doing a good job improving their property; he initially thought of supporting the recommendation, but the more he hears, the more bifurcated it becomes; there is a great deal of neighborhood opposition to the project and that makes him believe he must retreat back to the Code and stand by it; and he is inclined to disallow the Variance. Councilmember DeWitt stated that he visited the property; believes Variance would adversely impact the adjoining properties; appears to be too close; some of the other properties are on the property line, but Alameda has to put a stop to infill; and he will vote to deny Planning Board's recommendation. President Appezzato stated that he visited the property twice; citizens have sent a message about integrity of neighborhoods, and he cannot support the Variance; respects Planning Board; the Connollys house is right up to property line; Robinson house will be almost totally blocked on three sides if addition is allowed; believes it is unfair to allow the addition; there is adverse effect on the neighborhood, and he cannot uphold Planning Board's decision. Vice Mayor Mannix moved to sustain the Appeal [and to adopt Findings supporting Council's determination]. Regular Meeting Alameda City Council July 16, 1996 10 2 .1 Councilmember DeWitt seconded the motion, which carried by the following voice vote - Ayes: Councilmembers Arnerich, DeWitt, Mannix and President Appezzato - 4. Noes: Councilmember Lucas - 1. (96-402) Public Hearing to consider the rezoning of a certain property within the City of Alameda from R-2 (Two-Family Residence) to R-2-PD (Two-Family Residence, Planned Development) and Introduction of Ordinance "Reclassifying and Rezoning Certain Properties Within the City of Alameda by Amending Zoning Ordinance No. 1277. N.S., for that Property Located at 801/807 Buena Vista Avenue." The public portion of the hearing was opened. Douglas Holmes, property owner, stated that he was present to answer any questions. The public portion of the hearing was closed. President Appezzato commented that he visited the property, and any improvement to the property will be welcome. Mr. Holmes stated he is working on improvements. President Appezzato stated, in that case, he will support the Planning Board's recommendation. Councilmember Lucas moved approval of the recommendation [Council introduce Ordinance]. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. Councilmember Lucas stated she appreciates what the owners are doing, which will be a great improvement; and requested the Planning Director to provide Council with the cost of processing application. (96-403) Public Hearing to consider Resolution No. 12803 "Approving Engineer's Report, Confirming Diagram and Assessment and Ordering Levy of Assessments, Island City Landscaping and Lighting District 84-2." Resolution Adopted. The public portion of the hearing was opened. Lynne Fitzsimmons, President, Park Street Business Association (PSBA), stated that she would like PSBA to be involved with Public Works to see that the projects are completed before the money is spent; perhaps PSBA Design Committee, or some other group, could watch over the work and see that services are completed; and she submitted a letter from the President of the Design Committee. Regular Meeting Alameda City Council July 16, 1996 11 Al Wright, Member, PSBA Design Committee, stated it is reasonable that the City needs to increase Assessment District in order to pay for services; he submitted pictures of conditions on Park Street; stated if there was no District to pay for these services, Park Street would be in even worse shape; and everyone benefits. President Appezzato stated that a lot of money is being spent on street sweeping and garbage pickup, and some citizens complain that the street looks badly; and he requested the City Manager to comment. The City Manager stated that the sidewalk is swept; he explained that in a matter of hours trash accumulates, particularly around fast food restaurants; and some merchants utilize the trash containers on the streets which fill up very quickly President Appezzato suggested that perhaps the merchants could hold a meeting to discuss using their own trash containers. Mr. Wright stated that the merchants are considering a program to keep their storefront areas clean. Councilman Arnerich noted that at 6 :30 a.m. the streets are clean; by 11 :30 a.m. the streets are filthy; and merchants should keep areas clean. Mr. Wright stated there is a problem; he believes the first step is to increase the Assessment, and then determine how to best use that money to provide a cleaner street. R.E. Lieurance, owner, Pampered Pup Food establishment, described the work and efforts made in the area of his business; e.g., washing sidewalks every morning; he stated that he is aggravated that money is going out, however, he does not see anyone doing the job; there should be adequate contracts and good maintenance; merchants need help; and the answer is to get someone who will fulfill their part of the contract. Councilman Arnerich stated he believes a weekend pickup of garbage should be made. James Thompson, Justin Realty, stated he does not have a problem with the Assessment, however, he does with how the money is spent and the supervision thereof; property owners must pay the Assessment; businesses must clean their areas or pay up; the 50% increase is steep; perhaps business owners could help; and better yet, business owners should clean their own areas. Regular Meeting Alameda City Council July 16, 1996 12 President Appezzato agreed with Mr. Thompson, and stated that he hopes the problems can be impressed on property/business owners. John Fee, Alameda, stated if help is needed, he would be glad to work. In response to Councilmember Lucas's inquiry regarding monitoring of work, the Public Works Director stated that a new contractor has been hired; the Department was not satisfied with performance of previous contractor, and did not extend the contract; staff works closely with PSBA; staff will continue to help with managing money and contract compliance; and staff will also work closely with merchants. Replying to Councilmember Lucas, Public Works Director stated the staff is responsible for expenditures of money, and conducts inspections. Councilmember Lucas suggested a regular inspection schedule. Councilman Arnerich expressed concern whether contractors clean on the days they are supposed to. Councilmember DeWitt stated he is in favor of the rate increase, but is not in favor of the administration of contracts; it is unsatisfactory; if someone inspects, they must also have ability to get the place cleaned up; he will vote for the rate increase, but something must be done about the unsatisfactory administration of the funds; if it cannot be done, then someone must be hired who can do it; and it must be administered correctly. President Appezzato stated that he understands Park Street business supports the Assessment District, but is not sure of the increase; and questioned budget item for tree-trimming--if, according to the report, there is no immediate need, whether current Assessment can be kept in place, and if changes be made without affecting the Assessment District. President Appezzato also reviewed certain budget line items e.g., tree trimming, holiday decorations, incidental expenses (postage, flag banners); and concluded the budget could be balanced, and provide just be enough for emptying trash cans as they are now, and some for street sweeping. Public Works Director stated the budget is not much higher than last year's budget; there is no carried over balances, which is the reason for the significant increase in Assessment; and he discussed purposes for budget items. Regular Meeting Alameda City Council July 16, 1996 13 21 tri Lynne Fitzsimmons stated Business District will not be able to improve the look of Park Street with the current monies. In response to President Appezzato's inquiry, Lynne Fitzsimmons stated that more business owners must get involved, and everyone must work together. Mr. Wright stated PSBA would be happy to do that in conjunction with a regular PSBA meeting. Councilmember Lucas stated that Park Street needs additional funds, as do the other business districts being voted on. Councilmember Lucas moved the approval of staff recommendation and adoption of related Resolution. Councilman Arnerich seconded the motion, which carried by unanimous vote - 5. (96-404) Report from Planning Director regarding the Planning Board's recommendation on the home ownership goals for Alameda. (Councilmember Lucas) (Held over from July 2, 1996 Agenda) President Appezzato noted that public input was given at the last meeting. Eve Roberson, Alameda Realtor, stated she believes Alamedans deserve more than a 60% home ownership ratio, and Alameda should keep up with other cities which have a goal of 70% home ownership. President Appezzato stated Alameda has over 70% home ownership in every category but apartment buildings, and condominium conversion is probably the way Alameda must go. Councilmember Lucas discussed the price of condominiums, homes and down payments. President Appezzato noted that Housing & Urban Development will be holding an East Bay conference; and he requested the Community Development Director to provide information on the conference to Ms. Roberson and Mr. Fletcher. Peter Fletcher, President, Alameda Association of Realtors, stated that the Board of Directors is requesting Council to approve the Planning Board's proposal for the goal. of 60% home ownership; believes that the spirit of the goal is both generally acceptable and attainable, and an opportunity for a greater percentage of residents to become homeowners; and 60% goal would have a favorable impact on the City. Regular Meeting Alameda City Council July 16, 1996 14 27 14_ In response to Councilmember Lucas, Mr. Fletcher stated that the Board of Realtors would make a commitment to assist in the education of moderate- and low-income residents who might want to become homeowners. Vice Mayor Mannix discussed creative financing, setting of goals, and increase of opportunities. President Appezzato stated he can support the goal of 60%, but he has difficulty with the third recommendation [no increase in taxes to advance the goal]; perhaps it should be said, "Let's put everything on the table, we are not for taxes, but when the time comes, deal with that issue," instead of saying up front, "We are not going to do that;" however, the 60% goal is not a problem. Mr. Fletcher stated that Realtors were simply saying, "It is not our goal to advocate taxes." President Appezzato suggested taking out "(property transfer tax or business license taxes)" and adding "We will try not to consider any increase in taxes." Mr. Fletcher agreed. Barbara Kerr, Alameda, stated that failure to set goals affects city-wide planning; good city planning does not just happen; and urged passage of the concept as it is important to all of Alameda, and particularly to its historic neighborhoods. Morten Wellhaven, Alameda, stated the goal is the key to success, and noted the benefits of home ownership to the City and to neighborhoods. Councilmember Lucas stated the words "property transfer tax or business license taxes" should be deleted from Item No 3 of staff recommendation and move passage of recommendation [(1) to adopt City-wide home ownership goal of 60%, (2) direct Community Development Department to work with realtors to develop strategies and programs to implement the goal and (3) with note of deletion]. Councilmember DeWitt seconded the motion. Under discussion, President Appezzato stated he spoke with the County Assessor regarding statistics; Assessor stated that home ownership in Alameda is high, and the only City that might be better than Alameda is Piedmont; and City must be cautious not to rush in to condo-conversion and create substandard housing. Regular Meeting Alameda City Council July 16, 1996 15 On the call for the question, the motion carried by the following voice vote Ayes: Councilmembers Arnerich, Lucas, DeWitt, and President Appezzato - 4. Noes: Vice Mayor Mannix - 1. Abstentions: None. Absent: None. (96-405) Report from Assistant City Manager regarding Request For Proposals (RFP) for Qualified Concessionaire to Operate the Officers' Club at NAS Alameda. Councilmember DeWitt moved acceptance of the report and recommendation. [Recommendation that the City Council, by motion, adopt the request for Qualifications and Proposals for Food and Beverage Services at the Officers Club at NAS Alameda and direct the City Clerk to advertise the same.] Vice Mayor Mannix seconded the motion. Under discussion, President Appezzato commented that there is another great advance at the Naval Air Station; a Proposal is going out which hopefully will be successful--a joint operation of the City and the Naval Air Station. On call for the question, the motion carried by unanimous voice vote - 5. (96-406) Report from Public Works Director recommending acceptance of work by Dutra Construction for construction of Bay Farm Island Bicycle Bridge, Part A, Approach Spans and acceptance of work by Fletcher General Construction for construction of Bay Farm Island Bicycle, Part B, Bascule Span, No. P.W. 01-92-01. Vice Mayor Mannix stated that he believes work should be accepted; he is amazed to find that no one has discovered this Bridge, as he constantly encounters bicycles on the old Bridge; it is imperative that signage is installed directing bicyclists to the new Bridge, and possibly some type of barrier from the old Bridge. Vice Mayor Mannix moved the staff recommendation. President Appezzato agreed. Under discussion, Councilmember DeWitt stated that he would like public information that Council has accepted the Bridge for public use, and it is open, On the call for the question, the motion carried by unanimous voice vote - 5. Regular Meeting Alameda City Council July 16, 1996 16 * * * Meeting recessed at 11:19 p.m. and reconveyed at 11:22 p.m. * * * (96-407) Introduction of Ordinance Amending the Alameda Municipal Code by Adding Section 4-37 (Saturday Night Special/Junk Gun Sales Prohibition) to Article V (Firearms and Explosives), of Chapter IV (Offenses and Public Safety), Thereof, Prohibiting Sales of Saturday Night Specials Also Known as "Junk Guns". (Mayor Appezzato) The Chief of Police stated that there is nothing in the Ordinance to deny anyone the right to possess a handgun in their home or place of business, that is the law; some people say this is only symbolic legislation and meaningless, but he believes it will send the right message; many other cities on 880 Corridor are considering similar legislation, his concern is that if Alameda does not prohibit the sale of this type of weapon, the City may be targeted for the sale of these handguns, as Chief of Police, he believes be would be remiss in his duties if he did not take a hard stance on the issue. The following persons spoke in opposition to the Ordinance: James Page, Alameda Kent Figune, Alameda Doug Spittler, Alameda Herb Leong, San Francisco Bill Hodges, -- David Ketchpel, -- William Rae, Alameda Mark Marshall, Alameda Jack Gibbons, San Francisco Richard Neveln, Oakland James Solbakken, Walnut Creek (Submitted literature to Council) Arnold Metz, Alameda Debra Gibbons, Alameda Phillip Roza, Alameda Pamela Marshall, Alameda Walker Fetsch, Alameda John Fee, Alameda The following persons spoke in support of the Ordinance: Juliet Leftwich, Attorney, Berkeley Theron Hobbs, Oakland (Distributed Pamphlets to Council) Morten Wellhaven, Alameda Thea Perrino, -- Regular Meeting Alameda City Council July 16, 1996 17 Vice Mayor Mannix stated that his comments are not intended to be critical of the Mayor or Chief of Police, who are acting in good faith; he has spent 30 years in law enforcement and is not soft on crime; however, he takes exception to comment that "perhaps this Ordinance may be faulty, but is a start toward doing something about crime", the problem is not guns but criminals and failure of society and representatives to deal with critical issues of education, employment opportunities and self-respect in communities; he believes the Ordinance is poorly written, vague, ill-defined, and somewhat of a blank-check approach to what will be done; the statistics are not very conclusive; it is a bureaucratic approach to a very serious crime problem; he reviewed and commented on the contents of the Ordinance, stated it is not a good piece of legislation, does not address the problem, will not reduce crime in any way, fashion or form; Ordinance is a symbolic gesture, and symbolism is meaningless; what will be meaningful is action, the only action that is going to do something with the crime problem is: educate children, job opportunities, clean up poor neighborhoods, and confront crime on the street, and he cannot support Ordinance. President Appezzato stated that he believes Alameda, other communities, State, and the country are doing a lot about education, jobs, and helping the poor; it may, or may not, eliminate crime or stop smuggling, but "we" must try; and perhaps it is symbolic, but federal law already makes bringing junk guns into the country illegal. Councilmember Lucas moved introduction of the Ordinance, and authorization to execute a Mutual Defense Agreement. Councilmember DeWitt seconded the motion. Under discussion, Councilman Arnerich stated that he will support the motion, is a symbolic gesture, he will support the Mayor who has joined with the other Mayors and the Chief of Police; and he has not been for gun control. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas, and President Appezzato - 4. Noes: Vice Mayor Mannix - 1. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) None. Regular Meeting Alameda City Council July 16, 1996 18 ,47n(ni, COUNCIL COMMUNICATIONS (Communications from Council) (96-408) President Appezzato acknowledged firefighter Ray Jordan who aided in the rescue of boaters--adults and a child--he pulled to safety; and he stated that official acknowledgement will be given at the next Council Meeting. (96-409) President Appezzato stated that Noah's Bagels is moving to Alameda; their employees become involved in volunteer efforts; on July 19th from 9 a.m. to 12 p.m., their employees will be working at the Esperanza Housing Complex; and he thanked them for their volunteer efforts and welcome them to Alameda. ADJOURNMENT President Appezzato adjourned the meeting at 12:42 a.m. Respectfully submitted, DI E B. FELSCH, CMC City Clerk Prepared in tandem by City Clerk and Deputy City Clerk The agenda for this meeting was posted 72 hours in advance. Regular Meeting Alameda City Council July 16, 1996 19