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1996-12-17 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL DECEMBER 17, 1996 The meeting was convened at 7:50 p.m. with Mayor Appezzato presiding. The Pledge of Allegiance was led by Councilman Arnerich. Reverend Lois Suji Fox, Home of Truth, gave the invocation. ROLL CALL: PRESENT: Councilmembers Arnerich, DeWitt, Lucas, and Mayor Appezzato - 4. ABSENT: None. *** President Appezzato announced that the report on the Webster Street/Posey Tubes had been pulled from the Agenda. *** MINUTES (96-667) Minutes of the Special and Regular City Council Meetings of December 3, 1996. Councilmember Lucas moved approval of the Minutes. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. * * * (96-668) Councilman Arnerich stated that working with Council has been a pleasure, Council accomplished a lot, and the new Councilmembers should do a fine job. * * * Recess President Appezzato called a recess at which time light refreshments were served, and reconvened the meeting at 8:12 p.m. Minutes Regular City Council Meeting December 17, 1996 * * * REORGANIZATION OF COUNCIL (96-669) Installation The Honorable Judge George McDonald administered the Oaths of Office to: Office of City Council Al DeWitt Barbara Kerr Tony Daysog Office of City Auditor Kevin Kearney Office of City Treasurer Lewis Hurwitz * * * Councilmembers DeWitt, Daysog and Kerr; City Auditor Kearney and City Treasurer Hurwitz thanked their supporters and families. *** Consideration of Appointment of Vice Mayor (96-670) Councilmember Lucas moved that Council appoint Councilmember DeWitt as Vice Mayor. Councilmember Kerr seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Kerr, Lucas and President Appezzato - 4. Noes: None. Absent: None. Abstentions: Councilmember DeWitt - 1. Roll Call of the New City Council Present: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and President Appezzato - 5. Absent: None. Minutes Regular City Council Meeting December 17, 1996 PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR President Appezzato announced that the following items were withdrawn from the Consent Calendar for discussion: Report on hiring a staff commercial recruiter, Report on Guide to the Permitting Process, Report on HOME Funding, Report on Architectural Services Agreement, and Resolution regarding Purchase of Police Vehicles. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. (*96-671) Report from Community Development Director regarding Annual Report of the Community Improvement Commission. Accepted. (96-672) Report from Community Development Director regarding hiring a Staff Commercial Recruiter. (Councilmember Lucas) Neil Patrick Sweeney, Alameda, stated that the Community Development Department should publish and place on the Internet the commercial properties available for rent and for sale. President Appezzato reported that the City is hiring Mr. James Carr as the Staff Commercial Recruiter. Councilmember Lucas moved acceptance of the Report. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (96-673) Report from Community Development Director and Public Works Director regarding Guide to the Permitting Process. President Appezzato stated that the local newspapers should highly publicize the Guide. Councilmember Kerr stated that staff did a great job; the Guide has been needed for a long time. Councilmember Daysog stated that the City is moving terms of helping businesses. Councilmember Lucas moved acceptance of the Report. Minutes Regular City Council Meeting December 17, 1996 forward in Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (*96-674) Report from Community Development Director regarding rehabilitation of unreinforced masonry buildings. Accepted. (96-675) Report from Community Development Director regarding HOME Funding for California Co-Housing Corporation. Accepted. Councilmember Lucas stated that she prefers property other than a single-family home removed from the market, and that the purchase of a duplex should be considered. In response to Councilmember Lucas's inquiry whether fathers would be included in the Program, the Community Development Director reported that the housing is for single-parent families and would not be a proper setting in the event of family unification. In response to Councilmember Lucas's inquiry regarding education, Jane Hanson, SAPID representative, stated that teenage parents could only attend Island High School if they wanted their children at the Parenting Center, and that fathers could not be required to attend Island High. In response to Councilmember Lucas's inquiry regarding supervision at the facility, Cynthia Burnett, California Co-Housing Corporation representative, stated that the women are all legal adults and able to sign rental agreements; that there is a daily and evening on- site coordinator who works with the women on action plans to move toward higher education and better employment; and that the women are involved with community-wide service providers on a regular basis. In response to Councilmember Lucas's inquiry concerning father involvement, Ms. Burnett stated that many fathers are in school, and that there is discussion on developing a program which will deal with the father's responsibility and role in the parenting process. In response to Mayor Appezzato's inquiry, Ms. Burnett stated that residents of the program will be residents of Alameda, and that the program is supported by the School District. Councilmember Kerr stated that there will be young women in the program under 18 years of age, and the term "legal adult" does not mean over 18 years old in this case; that the property owners in the 1800 block of Walnut Street and 1800 block of Elm Street should receive notification and explanations; and Council should be informed of what the property owners were told, and also assured of Minutes Regular City Council Meeting December 17, 1996 property owner notification, when the matter comes back. Ms. Burnett stated that every property owner [resident] on Elm Street was given written notification [written material left on property, e.g. porches], and a public hearing was held on December 2, 1996; and that the people on Walnut Street were not spoken to, but the same procedure could be followed. Councilmember Kerr responded that City staff should provide the notification. Councilmember Kerr stated that the requirements for congregant housing, under the new Development Code, are extensive; that there are many building and security standards defined in the Code; that congregant housing will be allowed only in the equivalent of our R- 6 zoning in the future; the current Zoning Code only allows boarding and lodging houses in R-5 and R-6; the matter before Council is located in a R-4 zone; and that the Area is a candidate for downzoning because of the number of single-family dwelling units. Councilmember Kerr stated that she is also re-requesting the addresses of California Co-Housing Projects in northern California. Ms. Burnett responded that the information would be forthcoming; she stated that the Corporation was formed to look at cooperative homeownership and it is involved in three special projects: a program in Sacramento funded by the Department of HUD for homeless youth, a three-year-demonstration project in San Francisco providing cooperative housing for emancipated foster young adults, and the cooperative housing project before Council. Councilmember Kerr stated that she shares Councilmember Lucas's concern that the program does not emphasize male-parental responsibility; she is also concerned about the site selected for the program. Councilmember Daysog stated that one of the goals of the program is to strengthen and prepare families to become proper parents; that he would like to look at the issues raised by Councilmember Kerr regarding downzoning, congregant housing and the residents' concerns; and City should support the program if it is fiscally possible. Ms. Burnett stated that the project received support from the neighbors, and that the property has been on the market for a long time. Ms. Hanson stated that a goal of the program is to reunify the Minutes Regular City Council Meeting December 17, 1996 3 family. President Appezzato reported that a town meeting was held on December 2, 1996 on the issue. Superintendent of Schools Chaconas stated that the District will work with the City in fostering the program. Councilmember Lucas inquired whether transportation to classes at comprehensive high schools could be provided, to which the Superintendent of Schools responded in the affirmative. Councilmember Lucas moved acceptance of the Report. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. President Appezzato requested a status report in six to twelve months. (*96-676) Report from Public Works Director recommending adoption of plans and specifications and calling for bids for the construction of accessibility upgrades for Woodstock Park, Phase I, No. P.W. 12-96-14. Accepted. (*96-677) Report from Public Works Director recommending adoption of plans and specifications and calling for bids for the Pearl Street Storm Drain, Edison Court to Eagle Avenue, No. P.W. 11-96- 13. Accepted. (96-678) Report from Public Works Director recommending approval of Architectural Services Agreement for preparation of plans for the remodeling of the western portion of the Central Building of Historic Alameda High School, 2200 Central Avenue, for use as a Temporary Library. Don Roberts, Alameda, inquired how long it will take to rehabilitate the Carnegie building, and why the proposal is for a period of four to five years for construction of library facilities. The Interim City Manager responded that the City is attempting to negotiate an agreement with the School District for the purpose of building a temporary library; that the City did not know how long it would take to complete the work; the City is looking at five years at the outside, and maybe as few as three years; in addition to completing the project, seismic retrofit work must be done on the Carnegie building; and that the City wanted the greatest flexibility possible. Minutes Regular City Council Meeting Dezember 17, 1996 President Appezzato stated that there is no move he is aware of to build a new library, and the City Council voted only two weeks ago to fund retrofit work on the Carnegie building and a temporary main library. The Interim City Manager stated that FEMA has looked favorably on the City's Application for federal emergency dollars to help rebuild the Carnegie building, and that the amount is approximately $1 million. The Public Works Director stated that the City recently heard from FEMA, that FEMA is willing to provide approval of a split grant- - enough funds to prepare the plans, if the monies are received, the City will most likely hire an architect, an historical analysis of the building must be done before the final part of the grant is finalized; and it will take approximately six to eight months to prepare the plans, and 18 months to do the work. Vice Mayor DeWitt moved approval of the recommendation to approve the Architectural Services Agreement. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. ( *96 -679) Report from Finance Director transmitting the Audit Report for Pension Plans 1079 and 1082 for period ending June 30, 1996. Accepted. ( *96 -680) Resolution No. 12846, "Authorizing Open Market Purchase of Five Harley- Davidson motorcycles from Bob Dron Harley- Davidson, Inc." Adopted. (96 -681) Resolution No. 12848, "Authorizing Open Market Purchase of Two Marked Police Vehicles from Fremont Ford." Adopted. Former Mayor Bill McCall, Alameda, questioned the open market purchase of the Police Vehicles. The Interim City Manager explained that the State of California bid process was utilized in this case, and that the lowest possible cost was achieved for the vehicles. President Appezzato commented that future staff reports should state why a purchase is made outside of Alameda. Councilmember DeWitt stated that the City needs to support local businesses, and moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous Minutes Regular City Council Meeting December 17, 1996 voice vote - 5. (*96-682) Resolution No. 12847, "Reappointing T. David Edwards as Trustee of the Alameda County Mosquito Abatement District." Adopted. (*96-683) Ratification of Bills. Ratified bills in the amount of $1,378,373.64 REGULAR AGENDA ITEMS (96-684) Report from President, Planning Board, recommending that Council forward to the Alameda Reuse and Redevelopment Authority the nomination of Boardmember Beverly Johnson to fill the position of Land Use Chair of the Base Reuse Advisory Group. Councilmember Lucas moved the recommendation. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (96-685) Report from Vice Chair, Economic Development Commission, recommending that Council forward to the Alameda Reuse and Redevelopment Authority the nomination of Commissioner Doug deHaan to fill the position of Member-at-Large of the Base Reuse Advisory Group. Vice Mayor DeWitt moved the recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. * * * President Appezzato called a recess at 9:05 p.m. and reconvened the meeting at 9:12 p.m. * * * (96-686)Report from Interim City Manager requesting authorization to purchase fixtures and accessories at NAS Alameda and establishing appropriations for same. Former Alameda Mayor Bill McCall stated that the Navy should turn the Officers' Club over to the City. Neil Patrick Sweeney, Alameda, stated that it should be determined whether the City can establish a plan to purchase fixtures and accessories from other military bases being closed. Captain Jim Dodge of the Naval Air Station stated that the community has first right of refusal to all of the personal property that was appropriated-fund property; that the quality-of- Minutes Regular City Council Meeting December 17, 1996 life programs--e.g., club systems, theater--were largely funded with non-appropriated funds, dollars generated from within activities; that there is $5 Million to $7 Million of personal property in the Officers' Club; the Officers' Club is assessed at $310,342 for $5 Million to $7 Million worth of property; there is an opportunity for an activity to operate the Club; and that there is no negotiation on prices. In response to Mayor Appezzato, Captain Dodge stated that there is a major effort to collect all the artifacts to give as a gift to the community for museum purposes, and that the historical artifacts in the Officers' Club will come to the City eventually. Vice Mayor DeWitt inquired whether the City could have a City appraiser look at the property. The Interim City Manager responded that operators of catering services and restaurant businesses stated that the value of the Club is much more than $310,000. Captain Dodge noted that the offer is a cash transaction, and that the property can leave the Base. The Interim City Manager noted that a City appraiser could look at the property. Gerhard Degemann, Alameda, stated that the offer is a bargain, and he inquired about method of payment. Captain Dodge responded that if there is an opportunity to save the Club by finding someone to operate it, share the costs and pay back the City in a short period of time, he would need 10% down and 100% payment by March 1, 1997. Richard Neveln, Alameda, stated that the City should see if local banks would be willing to support the City; if there is lack of surety, some underwriting should be acquired; and that in a year, the City could probably make $300,000. Earl Peacock, Alameda, inquired whether a group could purchase the Officers' Club in the name of the City, and the City lease it back for operation. President Appezzato noted that there is an interested party who made a proposal in the last 24 hours. Vice Mayor DeWitt stated that an unless the City has an appraiser who will not charge $5,000 to $10,000, he is willing to withdraw his request to have the property appraised. Minutes Regular City Council Meeting December 17, 1996 Councilmember Kerr moved that Council approve the purchase of equipment at the indoor swimming pool and the gymnasium /picnic area for a total of $83,737 covered by the $100,000 rebate [from City's insurance pool and appropriated in the Risk Management Fund). Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. In response to Vice Mayor DeWitt, the Interim City Manager stated that the City does not have anyone on call to prepare an appraisal; an appraisal would take less than a week, once appraiser was engaged to do the work; and that he is unsure of the cost, maybe $5,000 to $8,000. Vice Mayor DeWitt stated that he will withdraw his request to have the property appraised, and that he is willing to take a position on the Officers' Club this evening. Vice Mayor DeWitt moved that the City Manager fund the purchase of equipment in the Officers' Club. Councilmember Lucas seconded the motion. Under discussion, Councilmember Lucas stated that there is no alternative, and purchase is the sensible choice. Under discussion, Councilmember Daysog stated that the issue is whether the City really even has ten cents on the dollar; he cannot look at this issue in isolation of others pertaining to the General Fund; that he is inclined to vote "no" on the matter; and he recognizes that ten cents on the dollar is a deal. Councilmember Kerr stated that she, too, is very concerned about the price; that the discretionary part of the General Fund is only a little over $3 Million; ten similar votes and those funds would be gone; a fully- equipped Officers' Club is not any good to the City unless someone rents it; and she inquired when the last possible time was that Council could vote on the matter. Captain Dodge stated that if he gets a commitment from the community or a representative to operate the Club and willing to pay for it, he would try to delay full payment until the 1st of March 1997; he would like to receive 10% down; Navy will be screening the Officers' Club during the time Council next meets; and that he believes he has the ability to pull the Officers' Club off the list and state that the community can maintain it or has an operator. Captain Dodge further stated that the MWR Director is willing to Minutes Regular City Council Meeting December 17, 1996 4.0 try to keep the Club open for lunch for a month or two; that he would like a commitment no later than the 7th of January, and ideally by the 3rd of January to pull the Officers' Club off the list. In response to Councilmember Daysog's inquiry, Captain Dodge stated that if the Navy was to screen and take everything, the $31,000 deposit would be returned. In response to Vice Mayor DeWitt, the Interim City Manager stated that the City had several people go through the Officers' Club today; three people indicated an interest in operating the Club, particularly for the period January 1st to April 27th, in order to determine whether it is viable for them; and that no one indicated an ability at the present time, or offered, to pay for the appliances or fixtures. Councilmember Lucas stated that it is not likely the City will have an operator with a firm commitment by January 7th; the community needs the facility; and she seconded Vice Mayor DeWitt's motion. Under discussion, President Appezzato stated that one reason for voting "no" a year or so ago, to spend millions on a new golf complex, was because the City had the possibility of the Officers' Club for use as a facility to entertain golf groups, etc. Councilmember Daysog stated that he would like to make a substitute motion that the City make a 10% down payment; oppose spending $310,000 now; and that the 10% down payment include the $17,000 differential [$100,000 insurance pool rebate minus cost of equipment at the indoor pool and gymnasium/park area], plus any other funds to achieve 10% Councilmember Kerr seconded Councilmember Daysog's substitute motion. Under discussion, Councilmember Lucas stated that the operation of the Officers' Club should get started, it is not fair to postpone the project, and that she will oppose Daysog's motion. The substitute motion FAILED by the following voice vote: Ayes: Councilmembers Daysog and Kerr - 2. Noes: Councilmembers DeWitt, Lucas and President Appezzato - 3. Absent: None. Abstentions: None. President Appezzato called for the question on the original motion made by Vice Mayor DeWitt [to approve acquisition of fixtures and accessories at the Officers' Club]. Minutes Regular City Council Meeting December 17, 1994 The motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas and President Appezzato - 3. Noes: Councilmembers Daysog and Kerr - 2. Absent: None. Abstentions: None. (96 -687) Report from Public Works Director recommending that Council take certain actions regarding seismic retrofit work on the Webster Street /Posey Tubes. President Appezzato announced that the item had been pulled from the Agenda. (96 -688) Report from Public Works Director on proposal for installation of three flagpoles and a decorative fountain at City Hall. (Mayor Appezzato and former Councilman Arnerich) Accepted. Vice Mayor DeWitt stated that he would like a horizontal view of the proposal and additional information. President Appezzato stated that he cannot support a fountain at this time, and questioned whether the matter can be addressed after City Hall relocates. The Interim City Manager stated that there is an impact on the directional lighting to illuminate the poles being worked out now. The Public Works Director stated that a decision before concrete work would be helpful. Councilmember Kerr stated that Alameda is a maritime community; a yardarm on the existing flagpole would be in the spirit of Alameda and also cut costs; and that she is favor of the single flagpole with a yardarm. In response to President Appezzato, the Public Works Director stated that the Historical Advisory Board's jurisdiction, pursuant to the City Charter, is buildings rather than landscaping: Councilmember Daysog stated that he seconds what Councilmember Kerr indicated in regards to the flagpole; in regards to the fountain, these are tough times; and if one flagpole is satisfactory, that would be great. Vice Mayor DeWitt stated that the plan should be symmetrical, and he would like to know what it will look like before expending money on the project. The Public Works Director stated that he would be happy to bring back one or more schemes as directed. Minutes Regular City Council Meeting December 17, 1996 President Appezzato stated that he believes Council is saying no to a fountain and will look at a nautical flag pole. Council, by consensus, directed that the Public Works Director move forward with rendering(s) of a nautical flagpole. (96-689) Resolution No. 12849, "Amending Fee Master Resolution No. 12191, Authorizing the Setting of an Administrative Tow Fee to establish a "Traffic Offender Fund." Adopted. Councilmember Lucas moved adoption of the Resolution. Councilmember Daysog seconded the motion. Under discussion, Vice Mayor DeWitt stated that he believes government makes more rules and raises more taxes and fines; it appears that grant monies are running out and citizens will be taxed in the form of a fine, it is a worthy project to get drunk drivers off the street, but he is not in favor of levying more fines and regulations. The Chief of Police stated that the scope of the fee is very narrow and limited; it is for vehicles and the owners of those vehicles who have their cars towed when stopped and cited or arrested for driving on a suspended or revoked license. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Kerr, Lucas and President Appezzato - 4. Noes: Vice Mayor DeWitt - 1. Absent: None. Abstentions: None. (96-690) Final Passage of Ordinance No 2735, " Amending the Alameda Municipal Code by adding Article IV, (Traffic Enforcement in Private Parking Facilities), Section 12-18 (Traffic Control in Private Parking Facilities) to Chapter XII (Designated parking), Thereof, Authorizing Enforcement of Traffic Regulations in Certain Private Parking Facilities." Finally passed. Councilmember Lucas moved final passage. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (96-691) Neil Sweeney, Alameda, discussed the use of the Internet for public notice purposes, and upcoming local events. (96-692) Ms. Zell, Alameda, requested Council to reconsider the Cheung Appeal heard on December 3, 1996. Minutes Regular City Council Meeting December 17, 1996 34 2 (96-693) Ms. Boni, Alameda, stated that she received 107 signatures after the December 3rd Council Meeting opposing the Cheung project. (96-694) Eve Roberson, Alameda, stated tha homeownership goal for Alameda (96-695) Don Roberts, Alameda, discussed time limitations on public speakers before Council. infill defeats the 60% (96-696) Alex Cheung, Appellant, Park Avenue, stated that he hoped the City Council understood the Appeal. COUNCIL COMMUNICATIONS (Communications from Council) (96-697) Mayor Appezzato requested a report, off agenda, from the City Attorney specifying which agenda items require specific votes by Council and the Council serving on ARRA. Councilmember Daysog stated that the report should include the number of votes required on long-term leases by Council serving on ARRA. Mayor Appezzato stated that the report should be available to the public. Councilmember Daysog stated that the matter should be addressed at the ARRA level. (96-698) Councilmember Lucas thanked the Council for the opportunity to represent the City at the National League of Cities Congress in San Antonio, Texas, reviewed certain projects underway in San Antonio, including ownership housing opportunities; stated that she would agendize the matter [report on housing in San Antonio] for the City Council to refer to ARRA Housing Committee. Councilmember Lucas questioned whether Navy housing can be made available to moderate-income families, e.g. condos or single-family homeownership. President Appezzato stated that the Consultant on the Housing Study should receive a copy of the Report. (96-699) Councilmember Kerr requested that an interim report on City's homeownership goal be agendized. (96-700) Councilmember Kerr requested that the revised list of blocks for undergrounding of utilities be agendized. Minutes Regular City Council Meeting December 17, 1996 ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the meeting at 10:45 p.m. Respectfully Respectfull,y submitted B. LS H, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Minutes Regular City Council Meeting December 17, 1996