1993-08-17 Regular CC Minutes309
MINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL
AUGUST 17, 1993
The meeting convened at 7:30 p.m. with President Withrow presiding.
The Pledge of Allegiance was led by Councilmember Lucas. Reverend
Wilfred Hodgkin gave the invocation.
ROLL CALL -
Present: Councilmembers Appezzato, Lucas, Roth,
and President Withrow - 4.
Absent: Councilman Arnerich - 1.
ANNOUNCEMENTS OF CLOSED SESSION ACTIONS
93-469 Mayor Withrow announced that, at the Special Meeting at
6:00 p.m., prior to the Regular Meeting, Council adjourned to
Closed Session to consider:
Pending Litiaation, Guyton v. City of Alameda, pursuant to
Subsection (a) of Government Code Section 54956.9 of the Brown Act,
and no action was taken;
Initiation of Litiaation, pursuant to Subsection (c) of Government
Code Section 54956.9 of the Brown Act, no action was taken; and the
City will be scheduling a Press Conference to present its proposed
Settlement Agreement to resolve the Airport Expansion Issues.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
93-470 Proclamation commending Don Dowdell for his service to
Alameda.
Mayor Withrow read proclamation declaring August 17th as Donald A.
Dowdell Day and presented same to Mr. Dowdell.
93-471 Presentation of Certificate of Service to Lucy Brohard,
former Member of the Library Board.
Presentation was not made as Ms. Brohard was not present.
93-472 Presentation of Certificate of Service to Phyllis D.
Marshall, former Member of the Social Service Human Relations
Board.
Presentation was not made as Ms. Marshall could not be present.
93-473 Presentation of Frontline Employee Excellence Awards.
Mayor Withrow presented awards to Debra Rountree and Onawu Pickett,
Alameda Housing Authority employees.
CONSENT CALENDAR
Councilmember Lucas moved approval of the Consent Calendar. Vice
August 17, 1993
3
0
Mayor Roth seconded the motion which was carried by unanimous voice
vote - 4.
Items so enacted or adopted are indicated by an asterisk.
*93-474 Minutes of the Special Council Meetings of July 6, July
14, and July 20, 1993. Approved.
*93-475 Report from Public Works Director on Metropolitan
Transportation Commission's (MTC) Regional Transportation Plan.
Accepted.
*93-476 Report from Public Works Director recommending adoption
of Plans and Specifications and Calling for Bids for Construction
of Bay Farm Island Bicycle Bridge, No. P.W. 1-92-01. Accepted.
*93-477 Bills, certified by the City Manager to be true and
correct, were ratified in the amount of $1,130,516.84.
AGENDA ITEMS
93-478 Resolution No. 12436 "Reappointing Edward H. Clark as
a Member of the City Economic Development Commission." Adopted.
Vice Mayor Roth moved adoption of resolution. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 4.
The Deputy City Clerk administered the Oath of Office.
93-479 Resolution No. 12437 "Reappointing Larold K. Schulz
as a Member of the City Economic Development Commission." Adopted.
Mayor Withrow noted Reverend Schulz was out of town.
Vice Mayor Roth moved adoption of resolution. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 4.
93-480 Resolution No. 12438 "Reappointing Robert M. Wood as
a Member of the City Economic Development Commission." Adopted.
Vice Mayor Roth moved adoption of resolution. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 4.
The Deputy City Clerk administered the Oath of Office.
Actions Related to Base Conversion Process.
93-481 Status Briefing on Base Conversion Process. (Mayor
Withrow)
Mayor Withrow reported on the East Bay Conversion and Reinvestment
Commission (EBCRC) meeting held on August 12th; he stated on
Saturday, August 21, the Commission will review and evaluate goals
and objectives; and he also reported on President Clinton's visit
August 17, 1993
to the East Bay regarding Base Conversion.
Vice Mayor Roth reported on certain issues addressed at the EBCRC
meeting held on August 12th, including the hiring of a Project
Manager; and the National Association of Installation Developers
[NAID] Conference in San Francisco.
Vice Mayor Roth further stated a letter should be sent to the
Office of Economic Adjustment [OEA] that states Alameda is the
agency that has control over land use; and letters should also be
sent to the President, Dept. of Defense, and Dept. of Navy.
Mayor Withrow stated the Area Coordinator and the U.S. Navy
recognize Alameda is the point of contact.
Councilmember Lucas stated she agreed with Vice Mayor Roth's
concerns.
Mayor Withrow concurred a letter should be sent to OEA; he stated
EBCRC is not going to take action on the Naval Air Station, and
Congressman Dellums recognizes Alameda is zoning authority.
Councilmember Lucas commented on the MAID Conference and the
discussions on base conversion.
Councilmember Appezzato stated Alameda must determine its own
destiny and acquire the Naval Air Station land.
Vice Mayor Roth noted that there are four Federal sources of grant
monies.
Neil Patrick Sweeney, Alameda, stated graphs of organizations would
be helpful, and discussed environmental clean-up strategies.
93-482 Report from Community Development Director regarding
appointments to the Base Reuse Advisory Group.
The City Manager stated the City Clerk provided a list of
nominations submitted by City Council for Outreach and Environment
Subcommittees; Council may wish to ratify names provided for other
Subcommittees, and perhaps consider nominations for the BRAG Chair.
Councilmember Lucas stated she was ready to vote and suggested
Council vote first on the persons who receive two Council
nominations.
Councilmember Appezzato stated his nominee for the Outreach
Committee is Olga D'Amante.
Councilmember Lucas nominated Diane Lichtenstein.
Vice Mayor Roth stated Ms. Lichtenstein was also his nominee.
President Withrow stated his nominee was Dori Harshman; and that
August 17, 1993
Councilman Arnerich's nominee was Barbara Kerr.
Councilmember Lucas moved appointment of Diane Lichtenstein. Vice
Mayor Roth seconded the motion which was carried by the following
voice vote: Ayes: Councilmembers Lucas, Roth and President
Withrow - 3. Noes: Councilmember Appezzato - 1. Absent:
Councilman Arnerich - 1.
Councilmember Lucas nominated Malcolm T. Mooney to Chair the
Environment Subcommittee.
Councilmember Appezzato nominated Susan Churchill.
President Withrow stated his nominee is Mr. Mooney.
Vice Mayor Roth nominated Thomas Bertken.
President Withrow noted that Neil Sweeney was the nominee of
Councilman Arnerich.
Councilmember Lucas moved appointment of Captain Mooney. President
Withrow seconded motion which carried by the following voice vote:
Ayes: Councilmembers Lucas, Roth, and President Withrow - 3. Noes:
Councilmember Appezzato - 1. Absent: Councilman Arnerich - 1.
President Withrow read the nominations received for Chairs of the
following subcommittees:
Education Subcommittee: Sam Huie from Board of Education;
Housing Subcommittee: Alice Garvin from Board of Realtors;
Recreation Subcommittee: Toby Chavez from Recreation Commission;
Employment/Retraining Subcommittee: Bill Garvine, from Chamber of
Commerce;
Economic Subcommittee: Helen Sause from Economic Development
Commission;
Land Use Subcommittee: Stephen Fee from Planning Board; and
Infrastructure Subcommittee: Kenneth G. Hansen from Public
Utilities Board.
Mayor Withrow stated Council will need to address, in the future,
the Reuse Subcommittee; it was the intent that the chair be an
employee of NADEP, however, the Navy does not believe it is
appropriate; and he suggested each Councilmember come up with a
name in a week.
Vice Mayor Roth moved appointment of Subcommittee Chairs.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 4. [Absent: Councilman Arnerich.]
Mayor Withrow submitted the name of Larry Schulz for Chair of BRAG;
Councilmember Appezzato submitted the name of Howard K.P. Palmer,
Jr.; Mayor Withrow noted Councilman Arnerich had submitted the name
of Al DeWitt; Councilmember Lucas and Vice Mayor Roth stated they
would announce their nominations at the August 24 Council Meeting;
August 17, 1993
313
by consensus, Council agreed to consider nominations for BRAG and
Reuse Subcommittee Chairs on August 24th.
93-483 Report from City Manager recommending Appropriation of
Funds for Naval Air Station Conversion.
Albert DeWitt, Alameda, stated he believes the budget salaries are
too high and staff too large; and City should use volunteers as
much as possible.
E. Griego, Alameda, stated he hopes the money will not come from
the property owners, to which President Withrow responded the funds
will come from the Federal Government's $3.5 million planning funds
for base conversion.
Councilmember Lucas stated her various reasons for supporting the
City Manager's recommendation.
Vice Mayor Roth stated the proposed budget is lean compared to
other cities, e.g., Fort Ord, Monterey.
Councilmember Appezzato stated he believes the City will be
successful in getting the Federal Government to reimburse the funds
and he will support the budget.
Vice Mayor Roth moved adoption of the budget; Councilmember Lucas
seconded the motion.
The City Manager, in response to Councilmember Appezzato, explained
the purpose for the Administrative Secretary position.
Following discussion, Council approved the position; agreed the
Mayor will have primary use of the individual, however, the
employee will be allowed to do other things.
The motion carried by unanimous voice vote - 4. [Absent:
Councilman Arnerich]
93-484 Report from Community Development Director recommending
Approval of Submission of Application for Funding to the Office of
Economic Adjustment and Related Funding Sources.
Councilmember Lucas moved acceptance of report and recommendation.
Councilmember Appezzato seconded the motion.
In response to Vice Mayor Roth, the City Manager confirmed that
"Related Funding Sources" would include State Funds. The motion
was carried by unanimous voice vote - 4. [Absent: Councilman
Arnerich]
93-485 Resolution No. 12439 "Designating the City Manager of
the City of Alameda as the Single Point of Contact to the
Department of Defense for All Matters Regarding the Closure and
Reuse of Alameda Naval Air Station and Alameda Naval Aviation
August 17, 1993
Depot." Adopted.
Mayor Withrow stated he would like the recommendation modified so
that if the single point of contact is anyone other than the City
Manager, City Council approval is required.
Councilmember Appezzato moved adoption of the resolution. Vice
Mayor Roth seconded the motion.
Under discussion, Councilmember Appezzato inquired whether the
Mayor would consider his [Mayor's] business mail going to the City
Manager.
Mayor Withrow stated the current procedure has been in place for
thirty or forty years, and he is not willing to change that
[procedure].
On call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Councilman Arnerich]
93-486 Resolution No. 12440 "Commending Secretary of Defense
Les Aspin's Efforts to Accelerate Base Conversion and Reuse and to
make Alameda Naval Air Station and Alameda Naval Aviation Depot
Models for Conversion and Reuse." (Councilmember Lucas) Adopted.
Councilmember Lucas moved adoption of resolution. Vice Mayor Roth
seconded the motion which carried by unanimous voice vote - 4.
[Absent: Councilman Arnerich]
* * * *
President Withrow suggested the next three resolutions be taken a-
one unit. Vice Mayor Roth so moved. Councilmember Lucas seconded
the motion and Council, by consensus, agreed.
* * * *
93-487 Resolution No. 12441 "Commending Senator Barbara
Boxer for Her Efforts to Retain the Alameda Naval Air Station and
Alameda Naval Aviation Depot and for Her Continued Support for
Conversion from Military to Civilian Use." Adopted.
Vice Mayor Roth moved adoption of resolutions. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 4.
[Absent: Councilman Arnerich]
93-488 Resolution No. 12442 "Commending Senator Diann-
Feinstein for Her Efforts to Retain the Alameda Naval Air Station
and Alameda Naval Aviation Depot and for Her Continued Support for
Conversion from Military to Civilian Use." Adopted. See
paragraph 93-487 for motion.
93-489 Resolution No. 12443 "Commending Congressman
Ronald Dellums for His Efforts to Retain the Alameda Naval Air
Station and Alameda Naval Aviation Depot and for His Continued
Support for Conversion from Military to Civilian Use." Adopted.
See paragraph 93-488 for motion.
August 17, 1993
315
* * * *
(Council recessed and reconvened at 9:45 p.m.)
Issues Related to UCSF.
93-490 Verbal Report from Council Subcommittee. (Councilmember
Lucas)
The City Manager noted that the subcommittee of the Council was
unable to attend the [August 11] meeting and he has requested the
Community Development Director to provide an oral report and
respond to any questions.
The Community Development Director reported on the August 11th
meeting held at the request of UCSF to plan a community workshop on
the possible expansion of UCSF to Alameda; she explained
Councilmembers Appezzato and Lucas did not attend due to a conflict
with Brown Act noticing requirements; and she stated the first
community workshop will be held on September 20th at the Bay Farm
Elementary School, the second workshop will be held on September
29th and the location is tentative at this point.
Councilmember Lucas stated a major area of concern comes from the
Fernside District, and Edison School may be a good location for one
of the workshops.
Don Roberts, Alameda, urged Council to include in the
recommendation [see paragraph 93-491] that the City Manager
negotiate for acreage at no cost to the City; and he suggested the
City ask President Clinton to immediately transfer three acres of
NAS land for a soccer field.
In response to Vice Mayor Roth's inquiry regarding Brown Act
requirements as they relate to the Council Subcommittee, the City
Attorney provided general guidance and stated she will research
the matter and provide additional guidance before the next meeting.
93-491 Report from City Manager recommending authorization to
negotiate for land at Harbor Bay Business Park for a proposal to
UCSF.
Vice Mayor Roth moved approval of the staff recommendation;
Councilmember Lucas seconded the motion.
In response to Councilmember Lucas' inquiry concerning financial
impacts, the City Manager stated there would be no cost to the
City nor homeowners; and the only cost would be to the owners of
the Business Park who would be giving up land without any
compensation.
Councilmember Appezzato requested the City Manager to include the
following in the concept: the financial burden per acre; who
would pay off the loans; the value of the land; and whether
encumbrances exceed the value of the land.
August 17, 1993
Vice Mayor Roth's motion carried by a unanimous voice vote - 4.
[Absent: Councilman Arnerich]
93-492 Appeal by Mortimer Howard of the Planning Board's
decision to uphold the Planning Director's determination that
Planned Development Amendment is required and that the Design
Review application is incomplete for an expansion of the second
story of a house at 2901 Jackson Street; and
Resolution No. 12444 "Upholding the Planning Board
Determination that a Planned Development Amendment is Required and
that Additional Information is Needed to Make Complete the Design
Review Application for Modifications of a House Under Construction
at 2901 Jackson Street." Adopted.
Councilmember Lucas stated due to a conflict of interest, she is
abstaining from the matter.
The Planning Director explained the background of the matter;
described displayed drawings concerning the proposed modifications
to the structure.
The City Attorney commented on the legal elements of the hearing.
William R. Edgar, Piedmont, Attorney for Appellant, addressed
Council, stated the primary issue is that Planning Director's
denial is based on two points, and deferred time to his client.
Mortimer Howard, Appellant, Oakland, described the Planned
Development, addressed the Planning Director's concerns, and stated
whether the structure, or use of the structure, will have
substantial adverse affect on adjacent property has not been made
clear.
Mr. Edgar stated he does not believe standards are present for a
valid Design Review Manual; no standards exist to guide the
Planning Director's determination concerning adverse affect on
adjacent property; and he submits that Council should order a
permit to be issued.
Bruce McGregor, President, Planning Board, stated the question is
not the merit of the building, but the process; Mr. Howard can
discuss merits by filing a Planned Development Amendment and
Planning Board would hear comments; the proposal of Mr. Howard to
change the design may have substantial adverse impact; and
requested Council deny Appeal.
President Withrow closed the public portion of the hearing.
Councilmember Appezzato moved Council follow Planning Board's
recommendation, staff's recommendation, and uphold the Board's
decision, adopting resolution. He stated the Applicant must submit
a Planned Development Amendment and submit all information
requested to complete Design Review. Vice Mayor Roth seconded the
August 17, 1993
7
motion which carried by the following voice vote: Ayes:
Councilmembers Appezzato, Roth and President Withrow - 3. Noes:
None. Absent: Councilman Arnerich - 1. Abstention: Councilmember
Lucas - 1.
93-493 Report from Acting Chief of Police regarding Franchising
of the Taxi Program in the City of Alameda; and
Ordinance No. , N.S. "Amending the Alameda
Municipal Code by Amending Subsection 10-2.1 of Section 10-2
(Permits) and Subsections 10-5.1, 10-5.2 and 10-5.3 of Section 10-5
(Taxicabs), Chapter X (Taxicabs and Vehicles for Hire), Thereof,
Pertaining to Operation of Taxicabs." Introduced.
Ordinance No. N.S.
Regulations for Taxicab Franchises." Introduced.
"Establishing Rules and
Vice Mayor Roth moved introduction of ordinances. Councilmember
Appezzato seconded motion which carried by unanimous voice vote -4.
[Absent: Councilman Arnerich]
93-494 Report from Acting Chief of Police regarding Firearms
Dealer License Ordinance and Home Occupation Permit Modification.
Ordinance No. N.S. "Amending the Alameda Municipal
Code by Adding Section 4-36 to Article V (Firearms and Explosives),
Chapter IV (Offenses and Public Safety), Thereof, Pertaining to
License Requirements for Firearms and Munitions Dealers."
Introduced.
_Lynn Groh, Alameda stated the Alameda League of Women Voters
supports the ordin..,nce.
Jaime Paige, Alameda, stated he has one quibble, and that is in
Section 4-36.6; he would like to see a 30-day time limitation on
the investigation of an applicant.
Acting Police Chief responded that 30 days would be a reasonable
time for P. background investigation.
Kent Figone, Alameda, inquired about the proposed Home Occupation
standards modification (Municipal Code Section 30-2).
The City Manager stated if Council wants to allow dealers who are
currently selling out of their homes to continue, staff's
recommendation is the matter go to the Planning Board.
Councilmember Appezzato stated he supports the City Manager's
recommendation to send the matter to the Planning Board.
In response to Vice Mayor Roth, the City Attorney advised Council
that they may change the effective date of the ordinance to be
simultaneous with the consideration of the amendments to the Home
Occupation Permit.
August 17, 1993
318
Chris Gaskill, Alameda, expressed concern regarding the expense to
meet ordinance requirements.
Councilmember Appezzato stated he supports the firearms dealer
licensing ordinance, and he recommends Municipal Code Section 30-2
be referred to the Planning Board.
Mayor Withrow suggested Councilmember Appezzato include the 30-day
[background investigation] modification in his motion.
Vice Mayor Roth stated he would second the motion if Councilmember
Appezzato would add an amendment regarding simultaneous effective
dates of the ordinances.
Councilmember Appezzato agreed to the amendments.
Under discussion, Councilmember Lucas requested the Planning
Director to explain what is involved in acquiring Home Occupation
Permits.
Following the Planning Director's response, Councilmember Lucas
stated she could not support any ordinance which permits gun sales
in residential neighborhoods, and much less without public
notification.
In response to Mayor Withrow, the Acting Police Chief stated the
cost to dealers to comply with the proposed ordinance could be
$3,000.
Councilmember Lucas stated the person she is concerned about is the
buyer who comes into residential neighborhoods.
Councilmember Appezzato stated he does support public hearings and
the right for the public to voice their opinion; the matter will
come back to Council; and the issue will be aired in public at the
Planning Board level.
Councilmember Appezzato's motion carried by unanimous voice vote -
4. [Absent: Councilman Arnerich]
Councilmember Lucas clarified, for the record, that she supports
the licensing ordinance, however, does not support the part
[modification] regarding Home Occupation Permits or Use Permits in
residential neighborhoods.
ORAL COMMUNICATIONS. NON-AGENDA
93-495 Gerhard W. Degemann, Alameda, requested the City Council
to adjourn the City Council Meeting in honor of Ron Wayne Arnerich,
son of the Councilman Arnerich.
NEW BUSINESS AND UNFINISHED BUSINESS
93-496 Consideration of Mayor's nomination for appointment to
August 17, 1993
319
the Planning Board.
Mayor Withrow nominated Lee Harris for appointment as Member of the
Planning Board.
93-497 Consideration of Mayor's nomination for appointment to
the Social Service Human Relations Board. (Continued from Regular
Council Meeting of August 3, 1993.)
Mayor Withrow nominated Lisa Knight for appointment.
93-498 Designation of Voting Delegate to League of California
Cities Conference. (Councilmember Lucas)
President Withrow stated he would like Councilmember Lucas to
continue as voting delegate.
Vice Mayor Roth moved to designate Councilmember Lucas as voting
delegate. Councilmember Appezzato seconded the motion which
carried by unanimous voice vote - 4.
93-499 Discussion on the Finance Committee. (Vice Mayor Roth)
Noel Folsom, Finance Committee Chair, requested the reason for the
matter being before the City Council at this time.
Vice Mayor Roth stated he requested it because there seems to be a
problem with keeping members and continuity, and staff has spent a
great deal of time and money on supporting the Committee.
Noel Folsom stated he has several suggestions and thinks other
members of the Committee have suggestions on saving staff time and
costs; if it is to be considered a serious committee, the Council
needs to make some new appointments; and the Committee would like
an opportunity to serve.
Councilmember Appezzato stated he would like the Committee to
provide Council with recommendations on how staff time can be
saved, etc.
Noel Folsom suggested staff reports be double-sided when copied,
that City staff not attend Committee meetings, and City
Councilmembers submit issues they would like looked at by Finance
Committee.
Councilmember Lucas stated her last two appointees resigned, and
those former members stated they did not see that the Committee was
worth their time nor the staff's time.
Mayor Withrow stated what he has heard is that the Finance
Committee would like to be given an opportunity to state what they
can do; Council does not want to have committees which meet and
take up the time of qualified people to just have meetings; and
Council does value the time members put in.
August 17, 1993
320
Vice Mayor Roth stated he likes Councilmember Appezzato's
suggestion that the Committee report back to the Council at the
next Council Meeting.
***
Councilmember Lucas moved to extend the Council Meeting. Council
by consensus approved.
***
Mayor Withrow stated he would like the Committee to add to its
goals and objectives the way current funds are developed: funds
that members of the public think are being dedicated towards local
government that are not, such as property taxes which go to the
State. Mayor Withrow also suggested that the Committee share that
information at public forums.
ADJOURNMENT
93-500 Mayor Withrow adjourned the meeting at 11:28 p.m. in
memory of Ronald Wayne Arnerich, the son of Councilman and Mrs.
Arnerich.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
August 17, 1993