1993-08-03 Regular CC Minutes293
MINUTES OF REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
AUGUST 3, 1993
The meeting convened at 7:34 p.m., with President Withrow
presiding. The Pledge of Allegiance was led by Vice Mayor Roth.
Reverend Doug Henderson gave the invocation.
ROLL CALL - Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SEBSION ACTIONS,
93-435 Mayor Withrow announced that, at 7:05 p.m., prior to the
Regular Meeting, Council adjourned to Closed Session to consider:
Significant Exnosure to Litiaation, pursuant to Subsection (b) of
Government Code Section 54956.9 of the Brown Act: Mayor Withrow
stated no action was taken.
Pending Litigation. Mulvey v. City of Alameda, pursuant to
Subsection (a) of the legal counsel section of the Brown Act: Mayor
Withrow stated no action was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
None.
CONSENT CALENDAR
President Withrow removed report 93-445 concerning attendance at
the NAID Annual Conference from the Consent Calendar for
discussion.
Vice Mayor Roth moved adoption of the remainder of the Consent
Calendar. Councilmember Lucas seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*93-436 Minutes of Regular Council Meeting of July 6, 1993.
Approved.
*93-437 Report from Public Works Director recommending acceptance
of Work by Oakland Fence Co., Inc. for repair of Portland Cement
Concrete Sidewalk, Curb, Gutter, and Driveway for the Fiscal Year
Ending June 30, 1993, No. P.W. 4-92-11. Accepted.
*93-438 Report from Public Works Director concerning borrowing
funds to provide an Accelerated Capital Improvement Program by
Pledging Future Gas Tax Revenue. Accepted.
August 3, 1993
294
*93-439 Report from Fire Chief on the Recommendations of the
Grand Jury regarding the Oakland Tunnel Fire. Accepted.
*93-440 Report from the Finance Director transmitting Investment
Portfolio as of June 30, 1993, and Annual Report - City of Alameda
Investment Program - 1992-93. Accepted.
*93-441 Resolution No. 12431 "Authorizing Application for
Transportation Enhancement Activities (TEA) Grants for Bay Farm
Island Bike Bridge, City Pedicab Program, and Commercial Districts
Bike Loaner/Storage Program." Adopted.
*93-442 Resolution No. 12432 "Granting an Additional
Designated Period for Two Years Additional Service Credit."
Adopted.
*93-443 Resolution No. 12433 "Authorizing Execution of a
Contract Amendment for a Department of Forestry and Fire Protection
Urban Forestry Grant." Adopted.
*93-444 Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $3,583,136.01.
93-445 Report from Community Development Director recommending
Attendance at the National Association of Installation Developers
[NAID] Annual Conference, San Francisco.
President Withrow nominated and requested Vice Mayor Roth and
Councilmember Lucas attend the Conference and would like that
included in the motion. Councilmember Lucas so moved. Vices Mayor
Roth seconded the motion.
Councilman Arnerich inquired if there would be funds if other
Councilmembers wished to attend.
President Withrow stated there is no limitation on who may go and
he would support Councilmembers' attendance.
Councilman Arnerich stated he will support the motion if it
includes that the entire Council may attend, if available.
Councilmember Lucas amended her motion accordingly.
President Withrow commented the motion should also 4nclude
authorization for the City Manager to spend up to $2600.
The motion carried by unanimous voice vote - 5.
REGULAR AGENDA
93-446 Resolution No. 12434 "Appointing Susan Correa as a
Member of the City Library Board." Adopted.
Councilmember Lucas moved adoption of the resolution. Councilman
August 3, 1993
295
Arnerich seconded the motion which carried by unanimous voice vote
- 5.
The Deputy City Clerk administered the Oath of Office.
93-447 Resolution No. 12435 "Appointing Charito Benipayo as
a Member of the Social Service Human Relations Board." Adopted.
Councilmember Lucas moved adoption of the resolution. Vice Mayor
Roth seconded the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-448 Status briefing on Base Conversion Process. (Mayor
Withrow)
Don Roberts, Alameda, noted Council has been invited to attend a
luncheon at the Naval Air Station and inquired of the City Attorney
if attendance is permitted under the Brown Act.
The City Attorney replied Council can attend social functions,
luncheons or other types of events as long as business is not
transacted; and if function was a meeting, a public notice would
only be necessary.
Mayor Withrow reported on his trip to Washington D.C. to which he
had been invited by Secretary of Defense Les Aspin for a briefing;
reported on discussion held concerning establishment of a fully-
funded agency charged with the responsibilities for environmental
cleanup of all the United States bases, and a single coordinator
for each installation; and reviewed his meetings, requests,
funding, and interaction with various officials.
Councilmember Lucas requested a resolution supporting Secretary of
Defense Les Aspin in his efforts to make Alameda a model conversion
and to speed up reuse for the economic benefit of the City.
Councilmember Lucas also requested resolutions for Senators
Feinstein and Boxer; and Mayor Withrow added Congressman Dellums.
Councilman Arnerich stated, because communication is important,
copies of any memoranda that is received by the Mayor or City
Manager from federal or state officials should be forwarded to each
of Council, concerning base closure.
Actions Related to Naval Air Station Conversion Proiect:
93-449 Report from Planning Director Concerning the Need for
Rezoning of the Alameda Naval Air Station. (Mayor Withrow)
The Planning Director gave a brief synopsis of the subject, and
explained the current zoning, M-2 [General Industrial
Manufacturing] with a G [Special Government Combining District]
overlay.
August 3, 1993
'.9
Vice Mayor Roth stated a form of zoning is needed which will allow
control of uses, e.g., Base Reuse (BR) Zone, for an interim five-
year period in order to maintain jobs in existing facilities and
operation by private enterprise until a master plan can be put
together.
The Planning Director stated the current G District would permit
that, as long as the uses were in compliance with the underlying
zoning district; the requirement for rezoning only comes with
change of ownership.
The Planning Director stated if all uses of the underlying district
were subject to Use Permits, the kind of oversight sought would be
provided.
Vice Mayor Roth stated he believes the Planning Director
understands what Council wants and will provide the answer.
President Withrow stated he believes zoning provided prior to the
Master Plan will communicate to government and other outside
agencies an indication of what Alameda is looking at in terms of
values and priorities; having a G district might convey the City is
looking for government to come in, and that is a concern.
Councilmember Lucas stated Vice Mayor Roth raised good issue; City
wants to control the interim use; suggestion of Planning Director
requiring a Use Permit might be an excellent approach; she is
willing to go with recommendation if environmental review process
is not expensive or lengthy.
Councilman Arnerich discussed need to refer matter to Planning
Board.
Vice Mayor Roth stated he would like to ensure the flexibility of
use in the M-2 district, with control.
Councilmember Lucas stated the Planning Director's approach of
requiring Use Permits would give Council control over land use.
Councilmember Appezzato stated he likes the proposal, especially
removal of G zoning, also sending it to the Land Use Subcommittee
of the Base Reuse Advisory Group and to the Planning Board for
review.
The Planning Director stated at this point, she is not prepared to
recommend rezoning of the site, other than looking at whether the
G combining district can be used to increase control over interim
uses; other than that, it should be looked at in the context of the
overall strategy for the base with input from groups now forming,
e.g., BRAG.
President Withrow stated the proposal meets his desire to move
forward with the process.
August 3, 1993
7
The Planning Director stated a change to language in the provisions
of the G district could be done to provide the use permit control,
without changing the underlying range of uses that are authorized
by the M-2 district, which could be left intact with discretionary
control over non-governmental use.
Following Council discussion on the necessity of Council control
over land use, Councilmember Lucas moved "the Planning Director
proceed as she proposes; to look at zoning text amendment or use
control through the Use Permit process."
Mayor Withrow added: "And send matter through the Land Use
Subcommittee of BRAG and the Planning Board."
Councilmember Lucas agreed. Councilman Arnerich seconded the motion
which carried by unanimous voice vote - 5.
In response to Vice Mayor Roth, the Planning Director stated the
matter may take six months or more.
93-450 Report from Chair, Golf Commission, regarding Proposed
Increase of Golf Fees for the Earl Fry and Jack Clark Courses.
Kevin Kearney, Alameda, City Auditor, discussed his efforts to
access information on golf fees; stated he does not want to see the
quality of recreational facilities decline for lack of funds and
overuse by non-resident users.
At the request of President Withrow, the Assistant City Manager
defined non-resident exempt players.
The City Mandger stated, because of the City Auditor's requests,
and at his [City Manager's] direction, the Golf Commission reviewed
again, the three categories, and their recommendation is before
Council tonight.
Councilmember Appezzato stated he can support the non-resident
category increase of one dollar, the tournament $2.00 increase, but
he has difficulty increasing the resident and senior rates $2.00,
therefore he cannot support the third proposal in the report.
President Withrow agreed.
Councilman Arnerich moved fee increases recommended by Commission
as described in the Commission report dated 7/23/93: increase non-
resident categories $1.00 to increase existing monthly surcharge
for General Fund; and increase all tournament fees $2.00, splitting
increase between General and Enterprise Funds; and, with the
exception that the $2.00 increase to be retained by the Enterprise
Fund, apply only to twilight rates [residents and non-residents]
not to resident or senior rates. Councilmember Lucas seconded the
motion.
Vice Mayor Roth expressed concern that resident increases are more
August 3, 1993
than non-resident increases; he believes the Golf Course should
operate like the Bureau of Electricity on a formula basis and
forget the surcharges.
The Golf Course Manager noted residents' rates have not been
increased in the last two fee raises and non-residents pay more
than residents; noted monies that will be provided to the General
Fund next year.
The motion carried by the following voice vote: Ayes:
Councilmembers Appezzato, Arnerich, Lucas and President Withrow -
4. Noes: Vice Mayor Roth - 1. Absent: None.
* * * *
Mayor Withrow announced at 9:18 p.m. that Council would recess to
9:25 p.m.
* * * *
Mayor Withrow announced that, pursuant to a request from the
public, the report regarding homeless services would be taken out
of order.
93-451 Report from Community Development Director regarding
Midway Shelter, Transitional Housing and other Homeless Services.
Marcia Derricotte, Manager, Midway Shelter (operated by FACSA),
stated needs of homeless; noted statistics of persons served, and
a significant portion are children; described Midway's programs,
and positive results.
Ben Lopez, Executive Director, Filipino American Community Services
Agency [FACSA], urged Council adopt a continuous operation policy
for Midway Shelter; and expanded Ms. Derricote's comments
concerning Midway.
Virginia Krutilek, Alameda Homeless Network [AHN], submitted copies
of Ms. Derricotte's report; and urged Council [support] continuance
of the work at Midway.
Don Roberts, Alameda, urged Council accept recommendation to
provide continuous operation of Midway through March; stated year-
round service is needed and UPA should dip into its reserves.
Clinton Worcester, Midway resident, related his experience with
homelessness due to job loss when a company closed; stated without
Midway, he would not have survived.
Fergie Owens, Alameda, Central Baptist Church, stated she serves
Midway spiritually, houses homeless people; described Midway
services; questioned staff figures that City needs only 45 beds as
she has housed people when beds were unavailable; problems will be
worse if people are not sheltered.
Cris Corpuz, Alameda, Secretary, Filipino American Community
Service Agency [FACSA], stated the agency believes caring for
clients is their moral obligation; reviewed services, noted
August 3, 1993
299
low/moderate housing apartments purchased, Midway operation, and
requested Council support Midway.
Jim Franz, Alameda, American Red Cross, Alameda Chapter, spoke in
support of continuous operation of Shelter; encouraged Council
approve staff proposal.
Noel Folsom, Alameda, stated shelter is well-run operation; urged
Council continue funding Midway on 12-month basis.
President Withrow read a letter submitted by Iris Watson, Alameda,
stating winter-only operation would be exercise in futility, and
encouraged Council give Midway a chance to succeed.
Nick Santos, Jr., Alameda, UPA, stated he is grateful for
supporters of Midway; UPA shelter is only different from Midway in
serving women only; questioned figures in staff report.
The Community Development Director explained the staff report
Attachments which reflected sources and projected uses of funds,
and proposeC allocations; and stated there is no lessening of
City's commitment to UPA.
Councilmember Lucas suggested staff make a special effort to
explain staff recommendations to UPA, prior to matters coming to
Council, so that recommendations will be better understood.
Elizabeth Vasquez, President, FACSA, thanked Council for support;
commented on Midway's program and urged Council continue to support
the Shelter.
Charito Benipayo, Ala-Ieda, stated UPA's reserves are not $150,000
at this point, and they need funding.
Mr. Santos commented his bookkeeper stated that if things remain as
they are, reserves will be exhausted by the end of December.
Rod Murray, Moderator, Alameda Inter-faith Outreach Council [AIOC];
stated AIOC approves concept of continuous operation of Shelter;
and will continue to assist.
Councilmember Appezzato moved to approve continuous operation
alternative, and [staff] monitor, during the next 8 months, a
potential for possible additional funding after March 31. Vice
Mayor Roth seconded the motion which carried by unanimous voice
vote - 5.
93-452 Report from Acting Chair, Committee on Ethnic and
Cultural Diversity [CECD], regarding Police Facilitator Review.
Lee Perez, Acting Chair, CECD, stated Council has Committee's
follow-up report; the Committee has returned with basically the
same recommendation as previously proposed; the Facilitator
position would probably cost $15,000 to $30,000; and recommends
August 3, 1993
3u
Council approve a part-time paid position, accountable to the City
Manager, with a cadre of volunteers to assist.
Mr. Perez responded to Council's questions concerning to whom the
facilitator would report, and the pros and cons of a paid position
versus a volunteer position.
Elsa Bogosian, Alameda, stated she supports Committee's work and
report contents; commended Mr. Perez; and stated she hopes enough
time will be allowed to ensure that the program can succeed.
Lois Workman, Alameda, commended Committee for its hard work,
recommends facilitator be paid; and if needed, a grant be sought.
Anthony DeSimone, Alameda, Social Service Human Relations Board,
stated the concept of a facilitator is innovative and creative in
resolving diversity issues; encouraged Council give its support.
President Withrow commended the Committee for an outstanding job
with difficult issues.
Police Captain Bruce Edwards gave general observations on staff
report, noting Police Department is a part of community and is
working to help persons understand what Department does; have
received very few complaints; appropriate action has been taken; if
facilitator can help xplain things, fine; however, it would not
prevent lawsuit; Police personnel are open and want to do whatever
possible to enhance relations with citizens.
In response to Councilmember Appezzato, Captain Edwards stated
DepartAent can work with proposal if adopted; he has concerns when
reviewing proposal line ,,)y line; if intent is for third party to
take over investigation routinely, he does not think that is
workable; believes staff objections will be received; if intent is
to review what has been dune and help people understand what can be
done for them, that is more workable; if some people overcome
doubts about police, it is worth trying.
Councilmember Lucas stated she appreciates efforts made; a gap has
existed between community and police which needs to be overcome;
the committee has addressed that issue; she is willing to expend
City funds on proposal to eliminate further problems in community;
and moved recommendation.
Counci_Lman Arnerich commended Committee and Mr. Perez; Alameda
police do exceptional job, and he cannot support a facilitator.
Vice Mayor Roth stated he looks at the position as a public
relations complaint department; he will try a facilitator for the
Police Department but believes strongly that the program should be
expanded at a later date to cover the entire City.
Vice Mayor Roth stated he will second the motion if Councilmember
Lucas will add that an effort be made to acquire grant monies.
August 3, 1993
3 n
Councilmember Lucas agreed.
Councilmember Appezzato complimented Mr. Perez, stated if Police
Department is willing to try the recommendation, he will support
it; however he would not want anyone to believe Council does not
support the Police; the actions of a very few should not taint the
Department as a whole.
The motion was carried by the following voice vote: Ayes:
Councilmembers Appezzato, Lucas, Roth and President Withrow - 4.
Noes: Councilman Arnerich - 1. Absent: None.
* * * *
Vice Mayor Roth moved to continue the meeting past 11:00 p.m.
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 5.
93-453a Resolution No. "Calling a Special Municipal
Election to be Held in the City of Alameda on Tuesday, November 2,
1993, for the Purpose of Submitting to the Electors a Proposal to
Amend the City of Alameda Chatter Pertaining to Adding a Special
Library Tax as City Charter Section 16-4, Fixing the Date and
Manner of the Special Election, Providing Notice Thereof and
Consolidating with the Special Election." Not adopted.
93-453b Resolution No. "Requesting Consolidation of the
City of Alameda's Special Municipal Election to be Held on Tuesday,
November 2, 1993, with the California State Special Election to be
Held on Tuesday, November 2, 1993.
Vice Mayor Roth noted that Council received a letter from the
Library Board requesting postponement of the matter.
Archie Waterbury, Alameda, Chair, Library Board, stated the Board
met and unanimously concluded that the Library Board would like to
bring back a specific proposal to Council in early 1994 for
consideration on the November 1994 ballot; Board believes the
matter requires adequate preparation.
Vice Mayor Roth stated he appreciates the Board's position and if
a plan for promotion can be provided in early 1994, he would like
to see June, 1994 become the goal.
Vice Mayor said he is willing to postpone the matter but not decide
the target date.
Councilman Arnerich stated the Library Board is to be commended for
postponing the matter because the voters would not agree to it at
this time under current economic conditions.
Barbara Kerr, Alameda, expressed displeasure at proposed taxation
for the library.
Judy Pollard, Alameda, stated she opposes more taxes, except for
August 3, 1993
30'
emergency.
Dave Plummer, Alameda, stated voting taxpayers will not vote for
tax to abandon Carnegie Library site and spend more money on
Linoaks; if Library measure is to pass, full disclosure must be
given voters.
Vice Mayor Roth moved to refer matter to the Library Board to study
the tax for supporting the library, and a progress report be
provided Council in January, 1994. Councilmember Lucas seconded
the motion which carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
93-454 Jon Rodgers, Alameda, stated he delivered a letter to the
City Clerk on June 21, 1993, and requested it be agendized; the
letter concerns land use involving areas around Oakland Airport;
that the City Manager replied the letter would be on the Airport
Operations Committee Agenda; and he [Mr. Rodgers] assumes the
Committee is unwilling or unable to deal with the issue.
NEW BUSINESS AND UNFINISHED BUSINESS
93-455 Councilmember Lucas requested the designation of a voting
delegate for the League of California Cities Meeting be placed on
the next Council Agenda.
93-456 Councilmember Lucas stated a group is forming in the City
that advocates a smoke-free city; there are ordinances on the books
already; and she would like the City Attorney to give Council a
summary of existing ordinances.
Vice Mayor Roth noted a pending State bill will preempt any city
ordinances not passed by April; and Council should receive status
of that bill.
93-457 Councilman Arnerich requested a report from the City
Attorney concerning weed abatement by the City near sidewalks and
curbs, and transmitting letters to property owners, e.g., a
location on Versailles and one on Mecartney and Auburn, informing
them to clean up their own properties.
93-458 Consideration of Mayor's nominations for three
appointments to the Economic Development Commission.
Mayor nominated Edward H. Clark, Larold K. Schulz, and Robert M.
Wood for reappointment as Members of the Economic Development
Commission.
93-459 Consideration of Mayor's nomination for appointment to
the Social Service Human Relations Board. (Continued from Regular
Council Meeting of July 20, 1993.)
Mayor Withrow deferred the nomination to the Regular Council
August 3, 1993
303
Meeting of August 17, 1993.
93-460 Councilman Arnerich stated some of directional signs
requested previously by Council are now being placed along routes
in Oakland.
ADJOURNMENT
President Withrow adjourned the meeting at 11:23 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
August 3, 1993