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1993-06-01 Regular CC Minutes2 0 MINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL. JUNE 1, 1993 The meeting convened at 7:30 p.m., with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Appezzato. Reverend Mary Rowe gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth & President Withrow - 5. Absent: None. ANNOUNCEMENTS OF CLOSED SESSION ACTIONS. Mayor Withrow announced that, in Special Council Meeting, held at 6:30 p.m., Council adjourned to Closed Session to consider: 93-301 Pending Litigation, Guvton v. City of Alameda and MurDhv v. Citv of Alameda, pursuant to Subsection (a) of Section 54956.9 of the Brown Act: Mayor Withrow stated no action was taken. Mayor Withrow further announced that [at the 7:05 p.m. Closed Session] Council considered: 93-302 Initiation of Litigation, pursuant to Subsection (c) of the Brown Act: Mayor Withrow stated no action was taken. * * * * * Mayor Withrow announced the season's opening of Farmers Market, and encouraged individuals to frequent the Market. * * * * * CONSENT CALENDAR Mayor Withrow announced resolution 93-310 concerning Collection of Assessments, and at the request of a citizen, resolution 93-311 concerning Community Crime Resistance Program Grant, were removed from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. *93-303 Minutes of the Regular Council Meeting of May 18, 1993. Approved. *93-304 Report from Public Works Director recommending Award of Contract to Redgwick Construction Company for Minor Street Patching with Asphalt Concrete for Fiscal Year Ending June 30, 1994, No. P.W. 4-93-8. Accepted. *93-305 Report from Public Works Director recommending Award of Contract to Rich Himenez Concrete for Repair of Portland Cement June 1, 1993 21 i Concrete Sidewalk, Curb, Gutter, and Driveway for the Fiscal Year Ending June 30, 1994, No. P.W. 4-93-9. Accepted. *93-306 Report from Planning Director recommending acceptance of the 1992 Status Report on the Housing Element. Accepted. *93-307 Report from Housing Authority Director recommending Waiver of Payment in Lieu of Taxes (PILOT) for Fiscal Year 1993- 1994. Accepted. *93-308 Ordinance No. , N. S. "Authorizing Execution of Lease with GTE Mobilnet of California Limited Partnership." Introduced. *93-309 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,505,588.43. 93-310 Resolution No. 12403 "Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing for Notice of July 20, 1993 Hearing Thereof - Island City Landscaping and Lighting District 84-2." Adopted. President Withrow requested that the date of hearing in the resolution be modified to reflect July 20, 1993, in place of July 6, 1993. Councilmember Lucas moved adoption of the resolution [reflecting July 20, 1993, hearing date). Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 93-311 Resolution No. 12404 "Authorizing Application to Office cif Criminal Justice Planning for a Community Crime Resistance Program Grant Award, School Resource Office Program." Adopted. Neil P. Sweeney, Alameda, stated he is in favor of the program; police in the school system can show that law enforcement is beneficial; requested Council consider matter diligently and police receive what they are requesting. Councilman Arnerich moved adoption of the resolution. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. REGULAR AGENDA 93-312 Resolution No. 12405 "Appointing Arthur A. Kurrasch as Member of the City Housing Commission." Adopted. Councilman Arnerich moved adoption of the resolution. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Mr. Kurrasch. 93-313a Public Hearing to Consider Levying an Annual Assessment June 1, 1993 c7' on the Alameda Business Improvement Area of the City of Alameda for FY 1993-94; and 93-313b Resolution No. "Confirming the Business Improvement Area Report for FY 1993-94 and Levying an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 1993-94." The City Manager stated the City was prepared to hold a public hearing to consider any protests or support; the President of the Park Street Business Association (PSBA) recently requested some changes be made; the information was not received in time to make any changes in documents and provide specific information to Council. He recommended Council open the hearing, hear comments from the public or Council and continue the hearing until the next Council meeting, on June 15th, to address the issues raised. Vice Mayor Roth stated he must abstain on this matter. Councilman Arnerich moved that the Hearing be held over to the next Council Meeting, June 15, 1993. Councilmember Lucas seconded the motion. Councilmember Appezzato stated he has some concern about the number of special assessment districts; believes Council should move cautiously when dealing with them; and requested the City Manager to find out from West Alameda Business Association (WABA) and PSBA, within the next two weeks, what support there is amongst the members, and what their likes and dislikes are concerning the assessment. Councilman Arnerich concurred; and suggested a possible mailing to obtain a vote of the entire membership. The City Manager stated that the Community Development Director's report [dated 5/21/93] reflects that both PSBA and WABA sent direct mailings to all the merchants, a meeting was held, and members at the meeting unanimously approved the proposed budget; however, some people that did not attend, have some concerns. Councilman Arnerich's motion was carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, Lucas, and President Withrow - 4. Nayes: None. Absent: None. Abstention: Vice Mayor Roth - 1. 93-314 Report from President, Social Service Human Relations Board [SSHRB], Regarding Quarterly Public Forums. Councilmember Appezzato stated the recommendation [to cablecast SSHRB guest presentations] is a good idea; however, although cost is only $120, he will be consistent with his past stand [on holding down expenditures through economic crisis]; if the City can afford [the cost] perhaps in three to six months, after Council determines the budget and the City's financial status, he will June 1, 1993 support the recommendation. Vice Mayor Roth stated the Board is only recommending cablecasting guest speakers; and cablecasting allows Council an opportunity to view; $120 a year is very inexpensive to communicate information; he would like to see the Board develop the forums, and look at some things he is looking at; and he will support the proposal. Councilmember Lucas stated she will also support the recommendation; she applauds the SSHRB's efforts to educate the community on current issues; and $120 a year is a very low cost. Councilman Arnerich stated he concurs with Vice Mayor Roth and Councilmember Lucas; the cost is miniscule to provide information for the people. Councilman Arnerich moved to accept the recommendation. Vice Mayor Roth seconded the motion which carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, Roth, and President Withrow - 4. Nayes: Councilmember Appezzato - 1. Absent: None. 93-315 Report from Acting Chair Lee Perez, Mayor's Committee on Ethnic and Cultural Diversity, on a Police Department Facilitator. Lee Perez, Acting Chair, Mayor's Committee on Ethnic and Cultural Diversity, expressed the Commii..tee's appreciation for the opportunity to continue working on this issue; stated the Committee believes the facilitator position should be a paid position; believes Council could perhaps seek alternative areas of funding for two or three years, whether foundation or corporate (sources]; and the position is unique and important enough that some persons may be willing to fund the position as a project or experiment. Councilmember Lucas queried why the Committee decided one person would be preferable over several persons working on the issue. Mr. Perez replied the Committee does not anticipate the position to be full-time; and developing the expertise and reviewing the quality of work of one person, would be easier. President Withrow stated he sees benefits in having a board of perhaps three or five facilitators representing various backgrounds, perhaps retired persons with time to dedicate to the betterment of the City; the City cannot commit to funding $90,000 for a facilitator; and inquired if his suggestion would fit within the spirit and intent of the Committee's goal. Mr. Perez replied affirmatively; however, stated the Committee wanted to build the position in stature, and believed if volunteers were used, probably the value of the position would be diminished. President Withrow stated people on the dais, Planning Board, SSHRB are not paid, are volunteers; and the Committee on Cultural and Ethnic Diversity have volunteered time, energy and effort. June 1, 1993 1 Vice Mayor Roth stated when the issue was first discussed, he commented a place for individuals to register complaints is needed; he would like the Committee to go back and reconsider the purpose, determine if facilitator(s) addressing City-wide complaints can be justified, look into possible grant funding, and allow Council time to consider the [City 1993-94] budget; and he supports the option for "volunteer" facilitators. Mr. Perez stated Vice Mayor Roth's comments were addressed by the Committee, but the Committee understood its task from Council was to look at function of the Police Department; therefore, the Committee did not discuss a City-wide effort. Vice Mayor Roth moved to accept the report and redirect the Committee and staff to pursue suggested options, see if the City can acquire grant funding to hire full-time [facilitator(s)], and return to Council after the City knows the affect of the State upon the City's budget; and stated Council will be better able to make its decision. Lois Workman, Alameda, SSHRB, stated the Board has discussed the topic and believes the City should provide a facilitator; believes if only one litigation problem is prevented, a paid person would be worth the expense; and recommended the facilitator be paid as that gives more status to the position. Elsa Bogosian, Alameda, Ombudsman Incorporated of Alameda County; stated she supports the work of the Committee, and Vice Mayor Roth's proposal; and perhaps foundation funding could be found. Councilmember Lucas stated she knows the Ombudsman organization uses volunteers and queried if Ms. Bogosian supports the Mayor's suggestion of a volunteer panel. Ms. Bogosian stated Ombudsman Inc. has volunteers, and paid staff backup to a limited degree; and models exist that could be considered. In response to Councilmember Lucas, Vice Mayor Roth stated his motion was to accept the report and further instruct staff to look at obtaining grants, Committee re-analyze some of Council's concerns and to consider if the facilitator could also deal with other City processes; he sees the need of the facilitator, whether volunteer or paid; if a complaint department is established, it should be done well and cover every aspect of the bureaucracy, and until Council knows what the budget is, there is no need to make a decision. Councilmember Lucas stated she cannot support Vice Mayor Roth's motion; the issue is the Police Department, and needs to be resolved and handled independently from building permits and other functions; she shares his concern about financial problems, and likes the Mayor's idea of a panel; some staff support would be necessary; alleviating concerns in the community is a serious June 1, 1993 Council and probably will include $500.00 rewards for the apprehension of graffiti vandals, the suspension of vandals' drivers licenses, and volunteer hours to be performed by vandals and their parents. Vice Mayor Roth stated he does not want the Ordinance to prohibit the sale of graffiti supplies, e.g., spray paint and markers, nor holding sellers of such items responsible. Councilmember Lucas concurred with Vice Mayor Roth. Councilman Arnerich stated the City could ask store owners to keep graffiti materials out of reach of patrons; and the City may need to hire prosecutors if the District Attorney does not prosecute. City Manager stated cities in Alameda County are discussing the joint adoption of a restriction on selling spray paint and marking tools. Councilmember Appezzato stated he supports the proposed Graffiti Abatement Program; he would like the hot line included; and requested the City Attorney to include in the ordinance: payments by parents for rewards and damages, and participation of parents in graffiti clean-up. Councilmember Lucas moved approval of the recommendation; Vice Mayor Roth seconded; Councilman Arnerich stated he will support the motion with proviso that the City does not ban sale of graffiti supplies until Alameda County cities have made a decision on the matter. Councilmember Lucas so modified. The motion carried by unanimous voice vote - 5. 93-317 Report from Public Works Director on the Abolishment of the Solid Waste Management Recycling Committee (SWMRC). (Vice Mayor Roth) Vice Mayor Roth stated he requested this report; James Kennedy, SWMRC, has commented that the Committee would like an opportunity to respond to it, and moved to continue the matter. Councilmember Lucas seconded the motion. Councilman Arnerich inquired if Vice Mayor Roth might possibly rescind the recommendation to abolish the Committee. Vice Mayor Roth replied he is not making a recommendation; however, the report indicates staff could handle the recycling needs; and the Committee should be given the opportunity to review the matter. Councilman Arnerich stated he has no argument with that, however. he believes the Committee has done its work and needs to be abolished. The motion to continue carried by unanimous voice vote - 5. June 1, 1993 93-318 Ordinance No. 2631. N.S. "Amending the Alameda Municipal Code by Amending Section 2-13 Abolishing the Cable Television Oversight Committee, and Establishing the Cable Television Advisory Committee and Prescribing Membership and Duties of Said Committee." Final Passage. Vice Mayor Roth stated he voted no on the introduction of this ordinance because he believes handling the matter by ordinance is not necessary; he has requested staff to place formation of committees on an agenda for Council's consideration; and he will support this ordinance. Councilmember Lucas moved final passage. Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 5. 93-319 Written Communication from Richard Wood, 1719 Lincoln Avenue, requesting property at 1719 Lincoln Avenue be rezoned to C- 1 [Neighborhood Business]; and waiver of filing fee. Richard Wood, Alameda, stated he would like to continue the item; he has read the City's position and would like to get a petition, and consultation, from his neighbors. The Planning Director explained the steps taken to place this matter before Council, and stated a copy of the staff report was sent to Mr. Wood. Councilmember Appezzato moved to accept the wishes of Mr. Wood and agendize the matter at a later date. [The motion failed for lack of a second.] Councilmember Lucas noted if the communication is accepted, the matter could be brought back. Vice Mayor Roth stated to Mr. Wood that he would not want to mislead Mr. Wood into believing that if he goes through the steps he plans to take [obtaining a petition and consultation], that Council will rezone; the only way the matter [rezoning] can come to Council is through an Appeal process. Councilmember Lucas commented Vice Mayor Roth is articulating that submitting a written communication is somehow a circumvention of, or an attempt to circumvent, the planning process, and Council does not want to encourage that; the proper procedure -ould be to file an application with the Planning Board; if Mr. Wood's neighbors support his application, it would strengthen his case; anything else would circumvent City ordinances. Councilman Arnerich stated he would like to make a substitute motion to accept the recommendation that Council deny Mr. Wood's request. Councilmember Lucas stated she has problems with that motion, is not sure Council is complying with City ordinance to grant requests June 1, 1993 2 1. 5 problem and the City has a growing minority population; concerns need to be addressed and she would like peace in the community; a facilitator is able to assist with that; she is willing to support, an expenditure of approximately $21,000 [for staff support] and go forward with the Mayor's idea of a panel. Councilmember Lucas so moved, as a substitute motion. [The motion failed for lack of a second.] Vice Mayor Roth withdrew his motion. Councilman Arnerich stated he is not in favor of a facilitator; the City cannot afford it at this time; the City has been moving at a rapid pace in public relations with ethnic minority groups; and a facilitator, or ombudsman, is a step toward a police review board which he totally opposes. Councilmember Appezzato stated a committee is not needed to look at all the ills of the City because citizens have an opportunity twice a month to come before Council, with staff present, and voice concerns and complaints; he is not prepared to fund $90,000 at this time for a paid facilitator, nor to support a panel; is open to a volunteer facilitator; agrees with Councilmember Lucas that Council should focus on the Police Department; agrees to only part of each motion and perhaps the matter should be extended two weeks to analyze issue further; he cannot support a police ieview board. President Withrow stated he does not believe there is any support on Council for a police review board, and entertained a motion to continue this item for two weeks to the June 15th Council Meeting for consideration of the issues raised. Councilmember Lucas stated she will be unable to attend the next meeting and moved the matter be put over for one month to the first meeting in July. Vice Mayor Roth stated he would like to second the motion but does not want to set a particular date, as the Committee must meet. President Withrow agreed and suggested the matter be considered no later than the first meeting in August. Councilmember Lucas concurred. Acting Chair Perez stated the Committee will try to review all the issues by August 1st; and will need a clear mandate what the Committee must do. President Withrow stated the Committee should recognize the City's financial constraints and the issues to be resolved with respect to workload; and requested Police Department workload data be provided to Council. Vice Mayor Roth seconded Councilmember Lucas's motion. June 1, 1993 Councilmember Appezzato stated Council is looking at the financial condition of the City, and whether $21,000 or $91,000 should be appropriated; whether facilitator should be a volunteer or a paid individual; the health and welfare of the Police Department; whether facilitator should be a single person or a panel; the workload; and the number of complaints. He believes the facilitator should report to the City Manager. Councilman Arnerich stated, as in businesses where people go to the manager of a store or a company, if citizens are not happy with answers received in City Departments, they can go to the City Manager; he believes the City's Facilitator is the City Manager. The motion was carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas, Roth and President Withrow - 4. Nayes: Councilman Arnerich - 1. Absent: None. 93-316 Report from Public Works Director recommending approval of Graffiti Abatement Program. Neil Patrick Sweeney, Alameda, stated he believes the City should find a way to take care of the graffiti other than making the businesses clean it up; some cities are making parents of graffiti vandals, pay for the cleanup. Brian Hatoff, Alameda, stated he fully suppk-rts the Abatement Program; is alarmed at the increase of graffiti; sees nothing wrong with emphasis on punishment and agrees parents should be held equally responsible. Don Roberts, Alameda, stated the Public Works Director has provided excellent proposals; suggested a graffiti hotline telephone number be publicized in newspapers and on cable television; does not agree with having City staff paint over the graffiti and charge the property owner as that could be a financial burden. Gary Soulages, Alameda, stated graffiti lowers property value and increases crime; the proposed Program is almost perfect; he would like it to be more cost effective, and would like to see citizens volunteer; and the City does not need to paint private property. President Withrow noted the Police Department apprehended four juveniles from Oakland; he has requested the District Attorney to advise if he will prosecute, and the disposition of the case; concern exists that if people are apprehended, they will not be properly handled within the Court system; and that must be addressed. The Public Works Director clarified the Program does not propose to paint over graffiti on private property; the ordinance requires the owner do it; a notification will be done; staff will paint over items in public right-of-way. Councilman Arnerich stated a strong Ordinance will be considered by June 1, 1993 9 of this nature; and believes the proper thing would be to accept the communication. The City Attorney stated the recommendation from the Planning Director is not an action on Mr. Woods request other than to deny that the Council initiate a General Plan Amendment and deny a waiver of fees; Mr. Wood could still proceed if he chooses to, and pay his own fees. Vice Mayor Roth seconded Councilman Arnerich's motion. [No vote was taken.] Councilmember Appezzato reiterated that Mr. Wood's wishes to continue the matter should be honored. Councilmember Lucas stated she has some problems taking action on the Planning Director's recommendation as, normally on a rezoning issue, neighbors would be notified, and many facts would surface that are not before Council; and further stated that any possibility of predisposition is a serious concern to her; and she will abstain from voting on this issue. Following further discussion, Vice Mayor Roth stated he believes Mr. Wood understands Council's position and moved to accept the report. Mr. Wood expressed his belief that Council has already made its decision to reject his request for rezoning. Vice Mayor Roth clarified all Council is rejecting is a waiver of the fees and initiation of the General Plan Amendment; no determination on the merits of the rezoning has been made. The City Attorney further clarified the Council cannot address the merits of Mr. Wood's request for rezoning as he must go through the process and the Planning Board. Councilmember Appezzato stated Mr. Wood requested continuance, has the right to present his case, and continuing the matter would be simple. Councilmember Lucas stated Vice Mayor Roth made a motion to accept the communication, and she would second it. The motion carried by unanimous voice vote -5. NEW BUSINESS AND UNFINISHED BUSINESS 93-320 Consideration of Mayor's nomination of appointment to the Civil Service Board. Mayor Withrow nominated Dominador Dicolen for appointment to the Civil Service Board. 93-321 Consideration of Mayor's nominations of two appointments June 1, 1993 to the Historical Advisory Board. Mayor Withrow nominated Robert E. DeCelle and David 0. Plummer for reappointment to the Historical Advisory Board. 93-322 Consideration of Mayor's nominations of two appointments to the Housing Commission. Mayor Withrow nominated Louis (Lou) R. Baca and Ruth S. Lamb for reappointment to the Housing Commission. 93-323 Consideration of Mayor's nominations of two appointments to the Library Board. Mayor Withrow nominated Nancy J. Lewis for reappointment to the Library Board; and held over the second appointment. 93-324 Consideration of Mayor's nominations of two appointments to the Planning Board. Mayor Withrow nominated Stephen P. Fee and Bruce J. McGregor for reappointment to the Planning Board. 93-325 Consideration of Mayor's nomination of appointment to the Public Utilities Board. Mayor Withrow nominated Anthony P. Shomon for reappointment to the Public Utilities Board. 93-326 Consideration of MPtyor's nominations- of three appointments to the Social Service Human Relations Board. Mayor Withrow nominated Charles S. Bridges for reappointment to the Social Service Human Relations Board; and held over two nominations. ADJOURNMENT 93-327 Mayor Withrow adjourned the meeting at 9:25 p.m. in memory of Mayor David Karp, San Leandro. Respectfully submitted, `g" Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. June 1, 1993