1993-11-16 Regular CC Minutes4
MINUTES OF REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
NOVEMBER 16. 1993
The meeting convened at 7:30 p.m. with President Withrow presiding.
The Pledge of Allegiance was led by Councilmember Appezzato.
Reverend Zuikei Taniguchi, Buddhist Temple of Alameda, gave the
invocation.
ROLL CALL:
Present: CouncilmembersAppezzato, Arnerich, Roth,
and President Withrow - 4.
Absent: Councilmember Lucas - 1.
ANNOUNCEMENTS OF CLOSED SESSION ACTIONS,
93-689 Mayor Withrow announced Council adjourned at 7:05 p.m.,
to Closed Session to consider:
Initiation of Litiaation, pursuant to Government Code
Subsection (c) of Government Code Section 54956.9: no action was
taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY.
93-690
Toyota.
Mayor Withrow presented the Certificate to Mr. Len Goode, who
expressed appreciation.
93-691 Proclamation declaring December 1, 1993, as World Aids
Day.
Mayor Withrow read the proclamation and presented it to Cindy Acker
who accepted with words of appreciation.
Presentation of Certificate of Appreciation to Ron Goode
CONSENT CALENDAR
At the request of a citizen, (93-703) Bills for ratification, was
removed from the Consent Calendar for discussion. Vice Mayor Roth
moved approval of the remainder of the Consent Calendar, and
Councilman Arnerich seconded the motion, which carried by unanimous
voice vote - 4.
Items so enacted or adopted are indicated by an asterisk.
*93-692 Minutes of the Regular Council Meeting of November 3,
1993. Approved
*93-693 Report from Public Works Director Recommending Award of
Contract to A.A.S., Inc. for Landscape Improvements, Parking Lots
"A", "C", and Parking Lot "A" Courtyard, No. P.W. 1-91-1.
Accepted.
November 16, 1993
4o
*93-694 Report from Public Works Director Requesting
Authorization for the Mayor to Send a Letter to Caltrans Requesting
Improvement of the Access Between 1-880 and State Route 260.
Accepted.
*93-695 Report from Public Works Director Recommending Acceptance
of the Work by Gateway Landscape Construction for Accessibility
Upgrades to Buena Vista and McKinley Parks, No. P.W. 11-92-17.
Accepted.
*93-696 Report from Public Works Director Recommending that the
City's Amnesty Program for Determining the Number of Legal Dwelling
Units in a Structure be Extended Through July 1, 1997. Accepted.
*93-697 Report from Finance Director transmitting Investment
Portfolio for period ending October 31, 1993. Accepted.
*93-698 Resolution No. 12467 "Adopting the City of Alameda
Non-Disposal Facility Element (Listing of Recycling Facilities that
Might be Used by the City to Meet the Diversion Goals of the
Integrated Waste Management Act of 1989)." Adopted.
*93-699 Resolution No. 12468 "Authorizing the Public Works
Director to Execute a Grant Contract with the California Department
of Forestry and Fire Protection for Planting Street Trees."
Adopted.
*93-700 Resolution No. 12469 "Resolution of the City Council
of the City of Alameda Approving the Refinancing of Multifamily
Housing Projects by the Housing Authority of the City of Alameda."
Adopted.
*93-701 Resolution No. 12470 "Guaranteeing Matching Funds for
Bike Lane Account Projects." Adopted.
*93-702 Resolution No. 12471. "Establishing Free Three-Hour
Parking for Park Street Business District Meters on December 4,
1993, HomeTown Holidays." Adopted.
93-703 Bills for ratification.
Don Roberts, Alameda, inquired about a payment to Bertram, Fox &
Elliot in the amount of $34,892.47, Loss Reserves.
The City Manager explained payment was for legal fees, as directed
by the City Attorney, for an outside law firm to handle litigation.
Vice Mayor Roth moved ratification of Bills [in the amount of
$1,520,889.16]. Councilman Arnerich seconded the motion which
carried by unanimous voice vote - 4. [Absent: Councilmember
Lucas -1]
November 16, 1993
4f'C
REGULAR AGENDA
Actions Related to Base Conversion Process
93-704 Status Briefing on Base Conversion Process.
Project Manager Don Parker noted that the Defense Authorization
Bill passed, in federal Senate and House of Representatives, which
provides rules concerning base closure process; meetings to be held
with Coast Guard concerning their interest in the Base, and with
the Department of Interior; and interests of McClellan Air Force
Base in the painting and gun-testing facilities, and Naval Weapons,
Concord, in leasing directly from City of Alameda.
Concerning BRAG Human Impact and Resources Subcommittee, the
Project Manager related he met with organizations, e.g., Xanthos,
Social Service Human Relations Board, for input; he proposed
Council consider at its next meeting, a suggested mission and task
description, a Chair, and the makeup of theSubcommittee; and noted
a majority of the BRAG, at its last meeting voted to specify how
continuing membership can occur within the Subcommittees, and that
membership can occur within the Subcommittees, and that membership
be partially closed as of January 15th with certain exceptions.
The Project Manager also reported on involvement of City staff
gathering and analyzing data to be put into a useable form for the
BRAG; the budget will be refined and resubmitted to Council; and
meetings will be held with other bases to learn from their
experience, and to share information.
93-705 Resolution No. 12472 "Appointing C. Courtney Knight
as Member of the Planning Board." Adopted.
Councilman Arnerich moved adoption of resolution. Vice Mayor Roth
seconded the motion which carried by unanimous voice vote -
4.
The Deputy City Clerk administered the Oath of Office.
93-706 Resolution No. 12473 "Appointing Thomas L. Lew as
Member of the Social Service Human Relations Board." Adopted.
Vice Mayor Roth moved adoption of the resolution. Councilman
Arnerich seconded the motion which carried by unanimous voice vote
- 4.
The Deputy City Clerk administered the Oath of Office.
93-707 Public Hearing to consider Declaring Sources of
Infiltration and Inflow from Storm Water on Private Property
Located in the Sanitary Sewer Basin 93A, to be a Public Nuisance;
Resolution No. 12474 "Declaring Sources of Infiltration and Inflow
from Storm Water on Private Property Located in the Sanitary Sewer
Basin 93A to be a Public Nuisance; Ordering the Abatement of Said
November 16, 1993
407
Nuisances, and Authorizing the City Engineer to Take the Necessary
Action to Correct Same." Adopted.
Enrique Zamora, San Ramon, stated he is responding to a Notice that
his property at 1526 Bay Street is considered a public nuisance;
that he was not informed of the problem on the property, was not
present when a test was conducted; and requests that another test
be made, he be present, and the City pay for the test; if it
reveals repairs should be made, he will make them; however,
requests Council postpone a decision on declaring it a public
nuisance until the test is made.
In response to Vice Mayor Roth, Mr. Zamora stated he had not
previously received notice; Mr. Martinez, a co-owner who had lived
in the house, received a letter concerning public nuisance, but the
Notice had not been received.
Robert Martinez, Alameda, stated his name is on the title, however,
he is in bankruptcy and the trustee is holding the title; is not
now living in the house and he did not receive any notice until
recent notification [concerning abatement of public nuisance].
Responding to Councilman Arnerich, the Public Works Director gave
an overview of the entire program, and the process that has been
followed; explained changes to be made in list of properties
reflected on Resolution Attachment "A" and suggested Council direct
staff to work closely with Mr. Zamora to find the easiest way to
make necessary repair [on his property].
Replying to President Withrow, the Public Works Director confirmed
the first notices were sent out about one and one-half years ago.
Mr. Zamora stated a Public Works secretary informed him that the
first notice went to a different address, and that one of the
letters to Mr. Martinez was returned.
Vice Mayor Roth clarified that Mr. Zamora will still have the
opportunity to do the repair work and staff will work with him.
Mr. Zamora stated the expenditure may be very expensive; he would
like a test made that will verify that the work needs to be done.
Councilmember Appezzato stated 43 properties needed correction, 33
have been corrected; if Mr. Zamora's property is left on the list
and he can prove, by other tests, that the City is in error, no one
will force him to go through the expense of repairing it; he is
simply on notice that if repair is not done and owners do not work
with the Public Works Department, the City, because it is a public
nuisance, can take action on its own; and he will support this.
Following discussion on testing and reimbursement to Mr. Zamora,
Councilman Arnerich stated he cannot support reimbursement for an
independent test; that the Public Works Director handles testing
and is fair and equitable to all.
November 16, 1993
Vice Mayor Roth, following brief discussion on types of testing,
moved the recommendation [that Council, by resolution, order the
City Engineer to abate, or cause to be abated, such public
nuisance, and that he or his representatives are authorized to
enter upon private property for that purpose].
The Public Works Director stated 1305 Pacific needs a further
inspection and may be removed from the list; and recommends Council
deny the Appeals from 1526 Bay Street, 1121 Morton, 1305 Pacific,
remove 1711 Sherman and 1532 Stanton Streets, and adopt the
resolution. Councilman Arnerich seconded the motion.
Councilmember Appezzato stated if Mr. Zamora and Mr. Martinez are
able to indicate their property is not a public nuisance, without
City reimbursement, no further action will be taken by the City.
The motion carried by unanimous voice vote - 4.
93-708 Public Hearing to consider Introduction of Ordinance
Amending the Alameda Municipal Code by Deleting Subsections 30-
4.13(L), 30-21.13, 30-22.3, 30-25.4 and 30-37.4 of Article I
(Zoning Districts and Regulations) and Subsection 30-78.3 (B) of
Article VI (Real Estate and Subdivision Regulations) and Amending
Subsections 30-14.6 and 30-26 of Article I (Zoning Districts and
Regulations) Chapter XXX (Development Regulations) Relating to
Fees.
The Planning Director explained the ordinance is a housekeeping
matter; on August 19th, a Master Fee Resolution was adopted which
changed a number of planning fees to a flat rate; no mechanism
exists, other than coming before the Planning Board, to have the
unexpended portion of a fee returned, and that was the primary
purpose of the ordinance; also the Alameda Municipal Code has been
cleaned up by placing all the fee references in a single section,
Chapter XXX, and administrative procedures with respect to fee
submittals, waivers and reductions, are provided.
Bruce McGregor, President, Planning Board, commended Planning
Director and staff, on the new simplified fee schedule; discussed
language of administrative procedures; stated Planning Board
unanimously adopted the proposed language and requests Council do
the same.
Vice Mayor Roth stated he has a problem with the Planning Board
waiving fees; if Board wants a fee waived, it should make a
recommendation to Council as he would rather not delegate that
responsibility.
Councilmembers Appezzato and Arnerich concurred.
Councilman Arnerich moved to accept the recommendation of staff
[to introduce ordinance to amend the Alameda Municipal Code] and
directed that the Planning Board make recommendations to the City
Council regarding waiver of fees. Vice Mayor Roth seconded the
November 16, 1993
4n9
motion.
The Planning Director clarified the process [for waiving fees]
would take at least a month and require both bodies [Planning Board
and Council] to act upon a fee waiver.
Councilmember Appezzato stated, to reduce the process from being
cumbersome, he has no problem with having the fee waiver come
directly to Council.
Councilman Arnerich stated he will stand by his motion that the
Planning Board make recommendations to Council to waive, or not
waive, fees; and Council take the final action.
The motion was carried by unanimous voice vote - 4.
* * * *
Council recessed and reconvened at 8:59 p.m.
* * * *
93-709 Public Hearing to consider Amending the Alameda Municipal
Code by Amending Subsection 30-2 (Definitions) Article I (Zoning
Districts and Regulations), Chapter XXX (Development Regulations),
pertaining to Home Occupations to allow, either by right or by Use
Permit, certain retail sales where required by federal or state
law; and
Introduction of Ordinance "Amending the Alameda Municipal Code
by Amending Subsection 30-2 (Definitions), Article I (Zoning
Districts and Regulations) Chapter XXX (Development Regulations)
Thereof, pertaining to Home Occupations." Not introduced.
The Planning Director reviewed the matter, noting what the Planning
Board considered was basically three options: 1) make no changes to
the Alameda Municipal Code which would mean that this retail
activity would remain prohibited with residential areas; 2) modify
the Code to permit retail sales where they are required to occur on
the property by a federal or state law, or 3) allow them to be
subject to a Use Permit requirement; and Planning Board recommended
no changes in the Home Occupation provisions, and that Council
direct staff to observe a 12-month amnesty period before pursuing
enforcement requiring any existing gun dealers to terminate their
business from their home.
The following proponents of ordinance amendment, to allow certain
retail sales, addressed Council:
Chris Gaskill, Alameda.
James Frasor Paige, Alameda.
Jeffrey Marienthal, Alameda.
Lt. Col. Fielding Greaves, Marin County, representing NRA (National
Rifle Association).
Andre Mirek, Alameda.
Kevin Nelson, Fremont.
Andrew Murray, Alameda.
Kent Figone, Alameda.
November 16, 1993
4i0
Sharon Dunlap, Alameda.
Richard Kemp, Alameda.
James Star, Concord.
Richard Wood, Pleasanton.
Jack Seely Jr., Alameda,
Jeffrey Mauerman, Alameda.
Norman Lynds, Alameda.
Manuel Masters, Alameda.
Hester Peterson, Alameda.
Robert Peterson, Alameda.
Paul Caulkett, Alameda.
Robin Figone, Alameda.
The following opponents of amending the ordinance addressed
Council:
Lynn Groh, Alameda, League of Women Voters.
James W. Sweeney, Alameda.
Bruce McGregor, President, Planning Board..
President Withrow closed the public portion of the meeting.
The Acting Chief of Police responded to various questions posed by
Vice Mayor Roth concerning Federal Firearms Licenses, Collector's
licenses, and noted the Police Department's role is regulating
operations.
In response to Vice Mayor Roth, the Planning Director explained the
Home Occupation Permit process.
Councilmember Appezzato stated most of his questions have been
answered; moved to support the Planning Board recommendation to not
amend Home Occupation regulations; and direct staff to grant a
12-month amnesty.
Councilman Arnerich stated a great problem exists with guns; the
dealers present have made valid points, however, guns are
dangerous, people are becoming concerned; he would like to see the
dealers move into a commercial area; therefore, he will support the
Planning Board recommendation.
President Withrow stated he will support the Planning Board
recommendation based on the issue of not allowing retail sales out
of residential areas, and in support of growing concern in the
country, despite the fact that he grew up with guns and spent 24
years in the military and supports the rights of people to bear
arms.
Councilman Arnerich seconded Councilmember Appezzato's motion.
Vice Mayor Roth stated he likes the second option, to utilize Use
Permits and allow each neighborhood to make the determination.
The motion was carried by the following voice vote: Ayes:
November 16, 1993
Councilmembers Appezzato, Arnerich, and President Withrow - 3.
Noes: Vice Mayor Roth - 1. Absent: Councilmember Lucas - 1.
93-710 Report from Finance Director on Business License Fees -
Rental Residential Units (Multiple and Single Family detached and
attached units) and amending and/or adding various sections to the
Business License Ordinance Designed to Enhance Enforcement.
Doris Chow, Alameda, noted that rents have fallen and taxes have
risen; rentals do not always make money; it is time for the City to
cut down expenditures and tighten belts.
Harold Greigo, Alameda, stated he cannot see paying high fees for
rentals and he strongly opposes the proposal.
John Barni, Sr. Alameda, stated he strongly opposes any increases
to taxes on units; suggests out of City businesses be required to
have decal on vehicle to show [business] licenses have been paid,
because some operate without licenses e.g., gardeners; suggested
City reactivate that procedure; and urged Council not increase
taxes.
James Shanafelt, Alameda, stated he likes the idea of decals; does
not mind paying $96 or even $200; he is concerned that some persons
operate without licenses and that is not fair.
Vice Mayor Roth stated when the subject was to come back, it was to
be made fair; he concluded that about $2.50 per one thousand would
keep fee at $20.00 rate, some units with lower rents than $700 a
month would reduce costs and some would go up slightly; if applied
to single family units, payment based on gross revenue would be a
proportionate share of income; and he would support that.
The City Manager reviewed Mr. Grappo's suggestions submitted at the
9/21/93 Council Meeting; stated Vice Mayor Roth is correct that a
figure between $2.50 and $3.00 per $1000 would produce the same
amount of revenue to the City and cost the property owner the same
amount for a rent of between $600 and $700 per month; if Council
wishes to change the process to gross receipts basis, the direction
to give staff would be to come back with an ordinance that
approximates the current revenues received at the current rate of
$20 per unit for an average of $600 to $700 per month; also, he
explained proposed enforcement of business license requirements on
advertisers in the local newspapers.
Councilmember Appezzato stated the major reason for this matter
coming back to Council is to discuss whether the City should
continue with a fixed rate or gross receipts [basis]; he is not
prepared to raise taxes on residential units at this time; Council
agreed not to do that a month or so ago; however, Council was going
to discuss gross receipts versus fixed rate; he personally likes
the gross receipts rate; he believes it is much fairer; if the
economy goes bad, then the rates paid by resident owners will go
down, and if the economy improves, then the rates will go up
November 16, 1993
41
accordingly; and moved staff to report back to Council with a rate
that closely approximates what residents are currently paying in
this category [rental units]. Vice Mayor Roth seconded the motion.
In response to the City Manager, Councilmember Appezzato stated he
was including [in his motion] the Minimum Fee and Miscellaneous
Items [outlined in the Staff Report].
The motion carried by unanimous voice vote - 4. [Absent:
Councilmember Lucas - 1.]
93-711 Report from Personnel Director concerning Police
Facilitator Position.
Lawrence VanHook, Alameda, stated - after reading staff
recommendation for a part-time facilitator, he believes it is a
good idea and inquired if proposal refers to one or more persons.
The City Manager stated intent is to hire part-time facilitator
when need arises; the desire is to not limit to one person if more
than one is needed.
Mr. VanHook suggested looking to grants for funds; stated the issue
is an African-American issue; and hopefully the facilitator will be
sensitive to it.
Councilmember Appezzato moved acceptance of staff recommendation.
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 4. [Absent: Councilmember Lucas - 1.]
93-712 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Adding Article III (Permit Parking), Section 12-17
(Preferential Parking Zones), to Chapter XII (Designated Parking)
Establishing Preferential Permit Parking on Certain Streets;" and
Resolution No. "Amending Master Fee Resolution No. 12191 to
Establish Preferential Permit Parking Fees."
Mayor Withrow noted this item was not published in an appropriate
timeframe, and Council will hear testimony but not take action.
George Musso, 1378 So. Livermore, suggested Council expand the
Permit Parking into additional areas, including Caroline Station
area; and perhaps add provision in the ordinance for exceptions for
specific cases.
John Patrick Kelleher, Alameda, stated his home is a cottage with
no parking, he favors parking permit for a fee of $40 per year to
park in front of his home; thanked staff for consideration.
Councilman Arnerich stated program will be only on a trial basis in
the Shoreline area; if it works well, it may be used elsewhere.
Jon Rodgers, Alameda, stated he is not in favor of $40 a year when
November 16, 1993
12
he has off-street parking.
President Withrow noted an agreement of 50% of residents in an area
is required.
* * * *
Councilman Arnerich moved the meeting continue past 11:00 p.m. Vice
Mayor Roth seconded the motion which carried by unanimous voice
vote - 4.
* * * *
Councilman Arnerich moved to accept the report.
Vice Mayor Roth noted no action can be taken other than to continue
the matter.
Councilmember Appezzato moved the matter-be continued to the next
regular meeting.
Vice Mayor Roth stated the City could issue permits exempting
persons from two-hour parking limit and he would like that brought
back to Council in the future.
By consensus, Council continued the matter to December 7, 1993,
Council Meeting.
93-713 Written Communication from Mr. & Mrs. Constantino Santos
and Family, Alameda, requesting Council consider making Alameda
non-smoking laws more restrictive.
James P. Hanecak, Alameda, stated he is opposed to making non-
smoking laws more restrictive.
Councilman Arnerich moved acceptance of the written communication;
noted the current smoking ordinance has been working very well,
businesses are satisfied and there is no reason to change it.
Vice Mayor Roth seconded the motion; and stated the State may soon
pass laws that will pre-empt the cities in order to have
consistency.
The motion carried by unanimous voice vote - 4. [Absent:
Councilmember Lucas - 1.]
ORAL COMMUNICATIONS
93-714 Gordon Christopherson, Alameda, stated his concern
regarding a building permit issued to Michael Calpestri at 2801-03
Marina Drive, and cited various complaints concerning the City's
handling of the matter.
93-715 John Scott Graham, Alameda, outlined his reasons for
opposing the North American Free Trade Agreement (NAFTA).
November 16, 1993
4:
NEW BUSINESS AND UNFINISHED BUSINESS
93-716 Councilman Arnerich stated, in a number of areas in town,
e.g., Fernside Blvd., persons are using driveways and streets for
automobiles, "hedgehop" the cars, moving them frequently; one
household has eight or nine automobiles; and requested the City
Manager, City Attorney and Police Chief inform Council of legal
procedures that may be used, particularly for the person who may be
using the situation as a dealership.
93-717 Councilman Arnerich requested stringent action, as taken
on Fernside Boulevard, regarding the dangerous [traffic] situation
at Broadway and San Jose, and staff impress upon Caltrans that an
emergency exists; and noted the longest area on Broadway without a
stop sign is between Encinal and Otis.
ADJOURNMENT
President Withrow adjourned the meeting at 11:15 p.m.
Repectfu11y submitted,
DI NE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
November 16, 1993