1993-02-16 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
FEBRUARY 16. 1993
The meeting convened at 7:36 p.m. (following the Community
Improvement Commission Meeting) , with President Withrow presiding.
Mayor Withrow announced the 75th Anniversary of the Alameda Council
of Boy Scouts of America and commended the leaders and Scouts.
Representatives of the Alameda Council then Posted the Colors, led
in the Pledge of Allegiance and presented a Tribute to the Flag.
Reverend Robert Keller gave the invocation.
ROLL CALL - Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth, and President Withrow - 5.
Absent: None.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Withrow announced Council convened in Closed Session prior to
the Regular Meeting to consider:
93-070 Labor Relations, pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act: Mayor Withrow stated
Council gave further instructions to City negotiator.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
93-071 Proclamation Declaring the Week of February 14-20, 1993,
as Alameda Mental Health Awareness Week.
Mayor Withrow read the proclamation and presented same to Virginia
Krutilek, Four Bridges Advisory Committee, and Anthony DeSimone,
President, Social Service Human Relations Board.
President DeSimone announced a Mental Health Forum will be held on
February 18th, and encouraged everyone to attend.
Mayor Withrow thanked the two organizations for sponsoring the
Forum.
93-072 Proclamation Declaring the Week of February 21-27, 1993,
as Rotary International Week in Alameda.
Mayor Withrow read the proclamation and presented same to William
Lewis, President, Alameda Rotary Club.
President Lewis reported on local and international Rotary
achievements.
CONSENT CALENDAR
At the request of citizens, reports 93-080 concerning Stop Sign and
February 16, 1993
93-081 Grant Agreements, were removed from the Consent Calendar for
discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Councilman Arnerich seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk..
*93-073 Minutes of the Special Council Meeting of February 1,
1993. Approved.
*93-074 Report from Public Works Director recommending adoption
of Plans and Specifications and Calling for Bids for Mastick Senior
Center Roof Reconstruction, No. P.W. 9-92-14. Accepted.
*93-075 Report from Finance Director transmitting the Investment
Report for January 31, 1993. Accepted.
*93-076 Report from Community Development Director recommending
Reprogramming of CDBG Funds and Amending FY 1992-93 CDBG Final
Statement. Accepted.
*93-077 Resolution No. 12367 "Authorizing Execution of State-
Local Transportation Partnership Program (SB300) Agreement, No.
SLTPP-5014, and Program Supplement No. 002 (Repair and Resurfacing
of Certain Streets, Phase 14)." Adopted.
*93-078 Resolution No. 12368 "Approving Letter of
Understanding Between the City of Alameda and International
Association of Firefighters, Local 689 Regarding Primary Transport
Unit for Bay Farm Island." Adopted.
*93-079 Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $1,523,742.06.
93-080 Report from Public Works Director recommending approval
of Stop Sign Control at the Intersection of Bridgeway Road and
Puddingstone Road. Accepted.
Dennis Fay, Alameda, requested Council to defer matter until the
Community of Harbor Bay Isle Association has an opportunity to,
review the matter.
The Public Works Director noted the matter to install the stop sign
was placed on the Transportation Advisory Committee [TAC] agenda by
an adjacent property owners' association, discussed and recommended
by TAC.
Councilmember Appezzato stated because the intersection affects a
great majority of people living at Harbor Bay, he believes the
request by Mr. Fay seems appropriate and moved the matter be sent
to the Community of Harbor Bay Isle Association for input.
February 16, 1993
Councilmember Lucas seconded the motion.
Under discussion, Councilman Arnerich stated he understands the
concerns but would not want discussions among associations to
result in a stalemate; and questioned the City Manager if the
homeowner associations could go back to the TAC, and [issue]
subsequently returned to Council.
The City Manager replied Council could request the matter be routed
that way if there was new information that was not heard the first
time.
President Withrow suggested the Community of Harbor Bay Isle
Association hold hearings and come forth with a position.
President Withrow stated he hopes the Police Chief takes note that
Bridgeway Road carries a lot of traffic at a very high rate of
speed through an area populated with children and senior citizens;
and that the crossing at Puddingstone Road is a long one, and may
be an area where a patrol car, or a machine that states how fast a
vehicle is traveling, should be considered.
Vice Mayor Roth stated he could support the proposed stop sign,
does not believe the matter needs to be returned to TAC, and when
a position is received from the Association, Council can vote on
it.
Councilmember Appezzato reiterated his motion to send matter back
for Association input and modified his motion to include Vice Mayor
Roth's comment [not to go to TAC]. Councilmember Lucas agreed to
the amendment to the motion, which carried by unanimous voice vote
- 5.
93-081 Report from Community Development Director recommending
allocation of "Alameda Thanksgiving" and Affordable Housing Funds
for a Comprehensive Homeless Services Program and Authorizing
Execution of Related Grant Agreement and Modifications (American
Red Cross Alameda Service Center; Filipino-American Community
Services Agency; United Pilipinos of Alameda.
Councilmember Lucas stated she pulled the item from the Consent
Calendar to note what a wonderful job the organizations did in
providing shelter for Alamedans, and stated Council should express
gratitude.
President Withrow agreed.
Virginia Krutilek, Alameda Homeless Network, stated the Network is
excited with the program's development and extended an invitation
to attend Open House at the Midway Shelter, March7th.
Councilmember Appezzato moved acceptance of the report and
recommendation. Councilmember Lucas seconded the motion.
February 16, 1993
40
In response to Vice Mayor Roth, the City Manager stated the
difference between the amounts reported concerning matching funds
is due to the $3,571.25 in expenses for fund-raising activities.
Councilman Arnerich commended the United Pilipinos of Alameda for
their Homeless Shelter, noting their good reputation throughout the
County and that they are one of the most outstanding groups in
Alameda.
The motion carried by unanimous voice vote - 5.
Councilmember Lucas requested President Withrow to send letters of
appreciation to the organizations on behalf of City Council.
President Withrow stated that would be his pleasure.
Vice Mayor Roth stated efforts by the organizations were
outstanding.
Elizabeth Vasquez, Alameda, Board President, Filipino-American
Community Services Agency, thanked Council for its trust in the
organization to run the Midway Center and stated the Agency would
do its best to meet obligations and goals.
REGULAR AGENDA
93-082A Public Hearing to consider a Negative Declaration and
amendments to the Alameda Municipal Code by amending Subsections
30-21.2, 30-21.4, and 30-25 of Article I and Subsection 30-36 of
Article II of Chapter XXX (Development Regulations), pertaining to
the appeal procedures within the Zoning Ordinance.
93-082B Resolution No. 12369 "Adopting Negative Declaration,
IS-92-10, for a Proposed Zoning Text Amendment to Amend the Appeal
Process of Zoning Regulations." Adopted.
93-082C Ordinance No. N.S. "Amending the Alameda Municipal
Code by Amending Subsection 30-21.2 (Administrative Variance),
Subsection 30-21.4 (Administrative Use Permit), and Subsection 30-
25 (Appeals) of Article I (Zoning Districts and Regulations) and
Stbsection 30-36 (Design Review Procedures) of Article II
(Structural Design Review Regulations), Chapter XXX (Development
Regulations)." Introduced.
The Planning Director briefly summarized the matter which changes
and clarifies the appeal processes with respect to decisions of the
Planning Director; 1) [the proposal] changes the handling of
appeals from a trial court/appeals court model where the
administrative record is reviewed, new testimony is not taken, and
decision is made on whether errors or oversights in the decision of
the Planning Board were made, to the de novo model where Council
sits in judgment as a body to consider any testimony presented, and
exercises its own judgment about the findings and decisions made by
the Planning Board; time lines would be reduced, and expenses for
February 16, 1993
the appellant would be reduced as a verbatim transcript would not
be necessary, overall appeal period reduced for certain kinds of
permits, and appeal period shortened for zoning administrator.
In response to Vice Mayor Roth, the Planning Director clarified
appeal periods and stated Council would receive Planning Board
minutes describing action taken, and written communications; and an
appellant could address Council.
Councilmember Lucas expressed concern that an applicant would have
only one day to file an appeal following the Planning Board Meeting
at which a Zoning Administrator's decision would be considered.
The Planning Director stated if Councilmember Lucas would like to
extend the time two or three days, that would be easy and
straightforward to change.
Councilmember Lucas stated she would prefer that.
Councilmember Appezzato stated he was a Planning Board Member when
this issue was addressed; he has no problem with Councilmember
Lucas's recommendation to extend time to two or three days; and
complimented Planning Director and staff.
President Withrow noted there were no public speakers, complimented
the process and commended Planning Director and staff.
Councilmember Lucas moved to adopt the Negative Declaration.
Councilmember Appezzato seconded the motion which carried by
unanimous voice vote - 5.
Councilmember Lucas moved to introduce the ordinance with an
addition of two extra days [amending the ordinance to provide three
days] after the Planning Board [Meeting] at which a Zoning
Administrator's decision was reported and accepted [Section 30-
25.1(b)]. Councilmember Appezzato seconded the motion which was
carried by unanimous voice vote - 5.
93-083 Report from Assistant City Manager recommending the City
Council approve the renaming of the Lincoln Park Baseball Field in
honor of Dick Bartell.
Councilman Arnerich moved approval of the report and
recommendation. Councilmember Appezzato seconded the motion.
Vice Mayor Roth stated, because the cost of, renaming City
facilities/properties is $2500 each, he would like consideration of
a moratorium until the City is in better financial shape.
President Withrow agreed Council needs to watch expenditures but
Dick Bartell should be in the Hall of Fame and is long overdue for
this kind of recognition by the City; it is worth the $2500; in the
future, we may wish to establish a group that would raise funds
from among the service clubs.
February 16, 1993
Councilman Arnerich stated the comments are well-taken; suggested
a moratorium on renaming City facilities/properties be considered
after Lincoln Park Baseball Field, Park-Otis Senior Housing
Complex, and possibly, Buena Vista Park, are renamed.
Councilmember Appezzato requested the City Manager to advise
whether funds generated by Recreation Department special events,
e.g., Fun Fair, can be used, to which the City Manager replied in
the affirmative.
Vice Mayor Roth inquired of the City Manager where funding comes
from when renaming a facility or property is recommended by a
Department other than Recreation, to which the City Manager
responded, in the instance of the naming of the Anne B. Diament
Senior Plaza, funds will come from the Housing Authority.
In response to Vice Mayor Roth's inquiry regarding the renaming of
the Corporation Yard, the City Manager responded the renaming had
been deferred; regarding funding, staff will inform Council when
monies are unavailable for dedications.
Councilman Arnerich moved the recommendation to rename the Lincoln
Park Baseball Field in honor of Dick Bartell.
Under discussion, Vice Mayor Roth requested the City Manager to
report back on the number of items to be renamed by Council.
Councilmember Appezzato seconded the motion which carried by
unanimous voice vote - 5.
93-084 Report from Planning Director regarding the evaluation of
Berkeley's Anti-Blight Ordinance for application in Alameda.
(Councilmember Lucas)
The Planning Director stated the proposed ordinance is basically a
property maintenance standard which could be developed to apply to
certain properties throughout Alameda; particular items to note are
the need for due process including the right to be on notice, right
to appeal, clarity of criteria the City seeks to enforce on
property, and adequate staffing to ensure a follow-through; the
estimate of staff is one person on staff for process of development
and, when the program is in place, one and one-half to two staff
persons to administer.
Dorothy Boynton, Alameda, stated she believes the proposed
ordinance is targeted at Goria Lohr, who painted her buildings
silver.
President Withrow stated he sees nothing in the ordinance that
addresses the two silver buildings.
Diane Coler-Dark, Alameda, stated the City will need a
comprehensive anti-blight ordinance; noted how San Mateo
distributes responsibilities concerning its ordinance, e.g.,
February 16, 1993
3
hearings are held by a Housing Authority; perhaps responsibility
should not be placed entirely in Planning Department; the EDC wants
to formulate a work plan to approach property owners to find out
what their intentions are regarding blighted properties and
provides an opportunity to discuss violations and solutions; and if
assistance can be offered.
In response to President Withrow, the City Manager replied staff
will determine whether the Housing Authority can play a role and
also look at Ms. Coler-Dark's example of San Mateo's program.
President Withrow stated that appeals to him; Alameda has an
established structure [Housing Authority] with both citizen
volunteers and government professionals to utilize.
Councilmember Lucas stated the City Manager could also investigate
whether Section 8 housing could be included in the program.
Stan Shane, Alameda, offered, for enforcement purposes of proposed
ordinance, to obtain legal descriptions of properties free of
charge to City; read from former City Manager John Goss's letter
dated 6/22/79 on ways to save more money; stated City should not
add unnecessary staff nor have everyone working on the •same
project.
Councilmember Lucas thanked Planning Director for her thorough work
and Ms. Coler-Dark for her interest; stated current ordinance has
not worked; if proposed ordinance can be enforced that would be
good, however, in current budget situation, this may not be the
time.
Vice Mayor Roth stated he agreed with the Mayor's statements;
however, City currently has sign ordinance that cannot be enforced
because of insufficient staff, and believes proposed ordinance
would be the same; and Council needs to give consideration to that
concern.
President Withrow inquired if the Vice Mayor would support the
proposed ordinance if the Housing Authority and Housing Commission
take over cognizance of the ordinance.
Vice Mayor Roth indicated he would if it does not cost money;
Council could continue to look at the matter, find alternative, and
perhaps another committee could be involved.
President Withrow stated within the Housing Authority there is
already a structure and a Housing Commission which perhaps could be
expanded beyond the current number.
Councilman Arnerich stated he does not believe Council is singling
out the silver buildings; noted several sites that are vacant and
are blights; queried if properties are abandoned, how the City
could accomplish enforcement without condemnation.
Febrtary 16, 1993
4
The City Attorney replied a specific process is outlined under the
ordinance, and stated the City of Berkeley has exempted single
family homes from their ordinance and also have an existing
procedure for appeals and low income exceptions; the ordinance is
currently applied only to commercial structures and rental single
family homes.
Councilmember Lucas stated the process needs to allow for certain
circumstances, as when a house is being renovated.
Councilman Arnerich stated Council should take a hard look at this
matter; however, the first step should be taken.
President Withrow stated he would like the proposed ordinance to be
referred to as "beautification" legislation.
Councilmember Appezzato stated he is opposed to enacting an
ordinance that the City cannot enforce until City has the means and
wherewithal to do so; and the ordinance which addresses commercial
properties should either be incorporated into the proposed
ordinance under discussion, or eliminated.
Councilman Arnerich stated the Chamber of Commerce should become
involved in the matter also.
President Withrow agreed, and suggested that consideration be given
to the Housing Authority as a group that could provide both a staff
structure and a citizen volunteer structure to administer program.
Vice Mayor Roth moved to defer action until staff can research
matter further, determine how other jurisdictions administer
program, zoning changes and design guidelines are achieved, and
Housing Authority is considered to oversee program.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
Council recessed and reconvened at 9:17 p.m.
* * * *
93-085 Report from Public Works Director on Stop Sign Control at
Central Avenue and Fifth Street. (Vice Mayor Roth)
Vice Mayor Roth stated he requested this item be agendized; since
Paden School reopened, a safety problem exists; cars speed and
crossing guard has difficulty stopping cars; a stop sign is needed
at the intersection.
In response to Councilman Arnerich, the Public Works Director
stated, concerning Central Avenue and Fifth Street,• statistics were
submitted to show how far the location is from meeting warrants
criteria.
President Withrow stated perhaps statistics do not support a stop
February 16, 1993
sign at Fifth Street and Central Avenue because drivers are
avoiding the intersection due to danger of entering Central from
Fifth.
Councilman Arnerich also noted there are two schools in close
proximity to the area; if the stop sign is not approved, he would
like to see the matter go back for reevaluation.
Councilmember Lucas stated she supports Vice Mayor Roth's position
and moved to approve installation of stop signs.
Vice Mayor Roth seconded the motion which carried by unanimous
voice vote - 5.
93-086 Report from Finance Director transmitting the Mid-Year
Review - 1992-93.
Stanford Shane, Alameda, stated the Bureau of Electricity claims
their rates are 15% lower than Pacific Gas & Electric (PG&E);
because he lives on a private street and pays taxes for street
lighting, maintenance, and street sweeping for which he does not
receive anything [in return], he is double taxed; currently, East
Coast Condominiums, Co-ops, and Planned Use Developments are
fighting such double taxation; unlike PG&E, the Bureau sells tax-
free municipal bonds for which citizens pay the interest; the
Bureau should definitely be taxed or explain the so-called 15%
lower rates than PG&E.
At the request of Vice Mayor Roth, the City Manager reviewed budget
adjustments made during the year by Council and Finance Director's
recommendation in Exhibit A of report dated January 13, 1993,
noting five changes in additional appropriations required to carry
on the activities of the City; staff has not been able to offset
$160,000 this fiscal year which means the balance in the General
Fund, $5,000,000 at the beginning of this fiscal year, will fall by
the end of this year by $160,000; the report mentions concern that
the State will look to cities again to participate in balancing its
budget; and stated City is looking at cutting 3.5 million dollars
of the budget to send to the State from our property taxes.
President Withrow stated the detriment from the State is not for
the Mid-year review but is for next year.
The City Manager agreed and stated the figures are for information
and prospectively looking at the problems; the Finance Director
listed a couple of areas for Council to look at and ways staff
might investigate providing some funding for the future in terms of
an in-lieu fee on Enterprise Funds.
President Withrow requested staff to develop an ordinance which
will incorporate a blight tax; a tax structure for properties
[blights] costing the City significant amounts of money.
The City Manager stated staff is requesting Council approve the
February 16, 1993
6
budget amendments listed and secondly, if Council wants to pursue
the Finance Director's recommendation to look at an in-lieu tax on
the Enterprise Funds,, staff would take the concept to the Golf
Commission and Public Utilities Board and bring their responses
back to Council.
Councilman Arnerich stated the concept is good as long as it goes
back to those governing bodies; stated the Golf Course Complex,
compared to the Bureau, takes in smaller amounts of money and if we
keep taking monies away, it will put a drain on their capital
improvement programs they wish to pursue; if the matter goes to the
Golf Commission for their input and if it is feasible, he would
approve; and requested extreme caution with regard to the Golf
Course or anyone else.
Councilmember Appezzato stated he has no problem with the budget
adjustments but the three Enterprise Funds [Golf, Bureau of
Electricity, Sewer] are businesses and should be treated as such;
the City has done a good job; agrees with Councilman Arnerich that
Golf Commission and Public Utilities Board (PUB) should review
matter; his only concern is that he wants to be sure the property
tax in-lieu fees, if assessed against the Enterprise Funds, are, in
fact, revenue enhancers and that Council is not indirectly forcing
the Golf Commission or the PUB to raise fees or rates indirectly
that will affect taxpayers; if that is the case, he would rather
the Council be "up front" and do that directly; they [Enterprise
Funds] belong to the City and if we assess this one percent (1%),
whatever it is called, it is still going to be a fee or rate on the
taxpayers.
Councilman Arnerich moved to accept the report and recommendations
A and B: approve budget amendments and direct staff to solicit
input from the Golf Commission and the Public Utilities Board for
property tax in-lieu fees . Vice Mayor Roth seconded the motion
which was carried by unanimous voice vote - 5.
93-087 Report from Fire Chief regarding integration of a
Volunteer Firefighter Program into an Improved Disaster
Preparedness Training Program for Alameda Citizens.
Councilman Arnerich moved acceptance of report and recommendation.
Councilmember Lucas seconded the motion.
Vice Mayor Roth stated the Fire Department Volunteer Program
Committee has done a fine job and accomplished what he anticipated,
and commended the Chief and staff; if adjustments need to be made,
they can be done at a later time but this is a great start.
Councilmember Appezzato commended the Fire Department, Chief and
Firefighters; stated concern that the cost of volunteers does not
exceed a cost-effective ratio of dollars versus volunteer
firefighters.
The motion carried by unanimous voice vote - 5.
February 16, 1993
President Withrow added his congratulations to the Chief and staff
of Fire Department.
NEW BUSINESS
93-088 Mayor's appointment of an Alternate Delegate to the
Association of Bay Area Governments.
Mayor Withrow appointed Vice Mayor Roth as Alternate Delegate to
ABAG.
93-089 Councilmember Lucas requested staff to look at the Sign
Ordinance as it relates to the banners located at Neptune Plaza.
93-090 Mayor Withrow requested staff to determine whether the
banner at Independence Plaza is necessary.
ADJOURNMENT
Mayor Withrow adjourned the meeting at 9:50 p.m.
Respectfully submitt d,
D E B. FE SCH, C C
City Clerk
The agenda for this meeting was posted 72 hours in advance.
February 16, 1993