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1992-03-17 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA MARCH 17, 1992 The meeting was convened at 7:42 p.m. (following the Community Improvement Commission Meeting) with President Withrow presiding. Councilmember Lucas led the Pledge of Allegiance and Reverend Doug Henderson gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. Absent: None. ANNOUNCEMENT OF CLOSED SESSION ACTION(S). 92-179 President Withrow announced that Council adjourned to Closed Session at 7:05 p.m., to consider: Significant Exposure to Litigation, pursuant to Subsection (b) of Government Code Section 54956.9: Mayor Withrow stated no action was taken. [Attendance: Councilmembers Camicia, Lucas, Roth and Mayor Withrow - 4. Absent: Councilman Arnerich - 1.] CONSENT CALENDAR President Withrow announced that, at Councilmember Roth's request, (92-191) report recommending agreement for planning services was removed from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *92-180 Minutes of the Regular Council Meeting of March 3, 1992, and Special Council Meetings of March 2, and March 3, 1992. Approved. *92-181 Report from the Chair of the Mayor's Fourth of July Parade Committee recommending authorization for the Parade and Route on July 4, 1992. Accepted. *92-182 Report from Public Works Director recommending award of contract to BNB Underground Construction for Regent Street Storm Drain Project, No. P.W. 1-92-03. Accepted. *92-183 Report from Finance Director transmitting Investment Report for period ending February 29, 1992. Accepted. *92-184 Report from Finance Director transmitting Quarterly Sales Tax Report for Third Quarter 1991. Accepted. *92-185 Resolution No. 12213. "Amending Resolution No. 12199 to March 17, 1992 74 Reduce the Number of Words in the Statement of Ballot Measure Pertaining to Preservation of Public Parks." Adopted. *92-186 Resolution No. 12214. "Approving the Designation of the Alameda County Department of Environmental Health as Enforcement Agency for Cities within Alameda County." Adopted. "*92-187 Resolution No. 12215. "Supporting a Joint Application to the State by the Cities of Oakland and Berkeley for Designation of a Recycling Market Development Zone." Adopted. *92-188 Resolution No. 12216. "Authorizing formation of a Joint Powers Authority with the City of Alameda Community Improvement Commission." Adopted. *92-189 Resolution No. 12217. "Approving the issuance of not to exceed $3,000,000 principal amount of Alameda Public Financing Authority 1992 revenue bonds, Series A (West End Community Improvement Project-Housing Increment Loan), and the borrowing of bond proceeds by the City of Alameda Community Improvement Commission." Adopted. *92-190 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $2,226,173.33. 92-191 Report from Interim Planning Director recommending the negotiation of an agreement with Jacobson and Wack Urban Design Studio, to provide planning services for the revision of Title XI of the Municipal Code. Councilmember Roth stated he pulled this matter because it is an important issue; has concerns regarding cost of the study and scope of work; cleaning up and simplifying zoning and design guidelines so the average person can understand what is required is important, and would make staff more efficient; he sees contradictions in the General Plan, and does not want the document to be imbedded in concrete so that changes cannot be made. President Withrow stated the intention is to have a living document; if a Councilmember discovers a contradiction in the Plan or any other basic document, that should be brought before Council, as work should be done to make it consistent. Councilmember Roth illustrated an inconsistency; he also stated nothing in the proposal addresses economics and he wants that included. President Withrow stated that is a good point, however, there is a philosophy that when defining requirements economic constraints should not be included. Councilmember Roth stated the proposal is good and many positive items are included; and moved acceptance of the report and recommendation. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. March 17, 1992 75 AGENDA ITEMS President Withrow announced the item regarding naming of Washington Park Tennis Courts would be taken out of order. 92-192 Report from Recreation Commission requesting that the Washington Park Tennis Courts be named in honor of Joan Fairfield. Toby Chavez, Member, Recreation Commission, stated the Commission voted unanimously to name the Tennis Courts for Joan Fairfield. Lance Russum, Alameda, commended Joan Fairfield, noted her background, integrity, moral and spiritual values and requested the Tennis Courts be named for her. Robert Minton, Alameda, stated he cannot think of anyone more deserving than Mrs. Fairfield for the naming of the Tennis Courts. Barry Parker, Alameda, recommended the Tennis Courts be named for Joan Fairfield, noting her courage and commitment to excellence. Sandy Kaney noted Ms. Fairfield's qualities, stated she exemplified good sportsmanship, touched many lives with an honest, positive attitude; and is a worthy candidate for naming of Tennis Courts, Councilmember Camicia moved the recommendation, and Councilmember Lucas seconded. Councilman Arnerich requested, as a part of the motion, that this matter be referred back to the Recreation Commission to work with Fairfield family on dedication plans, plaque for lower Washington Park and scheduling event, "Joan Fairfield Day," possibly in September concurrent with tournaments; and noted that the Fairfield family will contribute necessary funds. Councilmembers Camicia and Lucas so modified the motion which was carried by unanimous voice vote - 5. 92-193 Public Hearing to consider a Negative Declaration, General Plan Amendment and Rezoning, (IS/GPA/R-92-1), affecting 86 parcels, located within twelve Neighborhood Business Districts, for conformity with General Plan Policies which relate to the preservation of residential uses. The Interim Planning Director presented a brief overview of the matter. At the request of Councilmember Lucas, the Interim Planning Director described the process concerning owners who wished to retain current zoning. During discussion on possible usage of the property at 1605-07 Bay Street, Councilmember Roth stated he would like the property to be retained with its current zoning until a study is submitted on the Redevelopment Area as the General Plan may be changed, and that [retaining current zoning] would be fair to the owner. March 17, 1992 76 In response to President Withrow, the City Attorney explained that Council could direct staff to make appropriate changes to Attachment A [a list of properties with proposed changes] in Resolution [No. 12218], and also, one ordinance would require a deletion of an Assessor Parcel Number, and that could be accomplished by staff if Council so directs. Councilmember Roth so moved. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. Councilmember Lucas moved approval of the Negative Declaration. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. The City Clerk queried if all related legislation [one resolution and five ordinances] have been adopted by Council. The City Attorney replied she believed so, but if the maker of the last motion could state the intent is to approve the recommendation [to adopt the Negative Declaration, approve the General Plan Amendment and Rezoning, GPA /R -92 -1, by introducing ordinance[s] for the rezoning and adopting resolution for General Plan Amendment] with the exception of 1605 -07 Bay Street, then we [staff] can take care of the rest. Councilmember Lucas indicated affirmation. The City Attorney stated no further vote will be necessary. 92 -194 Resolution No. 12218 "Approving General Plan Amendment, GPA -92 -1, to Change the Land Use Designation of 29 Parcels Designated as Neighborhood Business to Medium - Density Residential, and One Parcel Designated as Low - Density Residential to Neighborhood Business." Adopted. [Amended to delete 1605 -07 Bay Street] [See related Paragraph 92 -193 for Council action.] 92 -195 Ordinance No. , N.S. "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277 for that property located at 3206, 3208, 3210, 3214, 3218 Encinal Avenue" Introduced. [See related Paragraph 92 -193 for Council action.] 92 -196 Ordinance No. , N.S. "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277 for that property located at 826, 828, 831, 832, 842, 844, 908 Lincoln Avenue, 1545, 1544 -46, 1548, 1601 Ninth Street, 1544 -46, 1545, 1547, 1549 Bay Street, 1547 Sherman Street, 1533 Lincoln Avenue, 1605, 1608, 1609 -11, 1610 Willow Street, 838 -840 Santa Clara Avenue, 1514, 1520, 1522, 1406, 1409 Ninth Street, 911, 935, 937 -939, 1006 Central Avenue, 2011, 2015 Encinal Avenue, 1114, 1116." Introduced. [See related Paragraph 92 -193 for Council action.] 92 -197 Ordinance No. , N.S. "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning March 17, 1992 77 Ordinance No. 1277 for that property located at 1605, 1609, 1611 Ninth Street, 1605-07, 1610 Bay Street, 1611 Sherman Street, and 906, 910 Central Avenue." Introduced. (Amended to remove "1605-07" Bay Street) [See related Paragraph 92-193 for Council action.] 92-198 Ordinance No. , N.S. "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277 for that property located at 1528, 1530 Grand Street, 2054-6, 2059, 2111, 2113 Lincoln Avenue, 1522, 1523, 1524, 1527, 1532 Willow Street, 508 Westline Drive, and 89, 92 Maitland Drive." Introduced. [See related Paragraph 92-193 for Council action.] 92-199 Ordinance No. , N.S. "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277 for that property located at 512 Westline Drive." Introduced. [See related Paragraph 92-193 for Council action.] 92-200 Public Hearing on the formation of Harbor Bay Business Park Assessment District 92-1. Steve Casaleggio, Jones, Hall, Hill & White, explained limited obligation bonds. President Withrow opened and, having no speakers, closed the Public Hearing. Councilmember Roth moved adoption of the resolution Overruling Protests and the Resolution adopting Engineer's Report. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 92-201 Resolution No. 12219. "Resolution Overruling Protests." Adopted. [See related Paragraph 92-200 for Council action.] 92-202 Resolution No. 12220. "Adopting Engineer's Report, Confirming the Assessment, Ordering the Work and Acquisitions and Directing Actions with Respect Thereto." Adopted. [See related Paragraph 92-200 for Council action.] 92-203 Ordinance No. , N.S. "Adopting a Storm Water Management and Discharge Control Program." Held over. John Barni, Sr, Alameda, stated he is against the program because of the proposed $30 to $50 assessment, and taxpayers do not want more taxes. The City Attorney stated the fee is a storm drain utility fee and is a legal fee the City can charge. The City Manager gave an overview of history of the matter which concerns the federal Clean Water Act, noting the City is under order from federal and state governments to provide method of cleanup of March 17, 2.992 78 urban runoff which pollutes the San Francisco Bay. The Public Works Director further explained the proposed program. Discussion ensued concerning program costs, federal mandate, Naval Air Station responsibility, and enforcement. Councilman Arnerich stated he would like to have more information. Councilmember Roth noted people passed the Clean Water Act, and must be educated that when they pass a program, they must pay for it. President Withrow stated he would like to know the financial tradeoffs, if there could be streamlining of the program, and what a $10 fee could accomplish. Councilmember Lucas stated she would like to know if the improvement will be major and worth the fee. Councilmember Roth noted that one way money could be raised is to enforce citations for trash on streets and sidewalks, and on State Highway in Alameda. Councilmember Camicia moved to continue the matter for two weeks and in the interim, investigate suggestions: raising fees [of certain citations], work with County to provide a program at a reduced rate, and acquire input from other communities in the area, the Mayor's Conference, and the League of California Cities. Councilmember Lucas seconded the motion. Following brief discussion regarding a timeframe, Councilmember Camicia stated he would modify the motion to leave the decision [concerning when to report back] to the discretion of staff. 92-204 Report from Community Development Director regarding Business Retention and Development Work Program. Councilmember Camicia moved the recommendation [that Council approve proposed business retention and development work program]. Councilmember Lucas seconded the motion, commended staff for their efforts, and requested quarterly progress reports. Councilman Arnerich requested confirmation that Councilmembers, perhaps on a rotational basis, could attend meetings with the Mayor, to which President Withrow responded affirmatively, and commended staff's work on the program. The motion was carried by unanimous voice vote - 5. 92-205 Written Communication from Effie J. Jones, Alameda, regarding certain activities in the vicinity of Hometown Doughnuts. Following Councilmember Roth's remarks regarding security issues, the City Manager stated a current security contract between the Housing Authority and the City could be reviewed and an increase in March 17, 1992 79 level of service considered. Vice Mayor Lucas suggested that a thank you letter be sent to Ms. Jones for bringing the matter to the City's attention. Following various comments by Councilman Arnerich regarding NAS military police, the Police Chief stated he will alert the NAS Police Department of the problems in the area. Councilmember Lucas moved acceptance of the communication. Councilmember Camicia seconded the motion. Councilmember Camicia confirmed that the motion includes remarks and suggestions of Council during discussion. The motion carried by unanimous voice vote - 5. NEW BUSINESS AND UNFINISHED BUSINESS President Withrow stated 92-206 and 92-207 will be considered together since the issues are basically the same. 92-206 Consideration of a motion to place on the November ballot an Advisory Measure concerning main library issue. (Vice-Mayor Lucas) Lois Francis, Alameda, stated, without substantial reason to improve Carnegie Building, it will further deteriorate; Linoaks plan is not supported by community, and final decision belongs with the people. David Plummer, Alameda, stated a citizens' advisory vote concerning library site is all important; placing the City Hall issue on the ballot is premature as many questions need to be answered. Judy Pollard, Alameda, stated historical architecture is a draw to Alameda and affects property values; the people should decide the matter. Paul Breitkopf, Alameda, stated library issue is controversial and voters should decide; he cannot see spending more for new library if same amenities can be provided in Carnegie Building; more information is necessary before placing City Hall on ballot. Martha O'Connell, Alameda, stated a lot of heritage is being lost and if retaining old buildings costs more, that should be done; and the people should vote on the matter. Robert Minton, Alameda, stated because of size, the Library issue should be placed on ballot; noted his background in seismic work as engineer and challenged that reproducing City Hall is cheaper than rehabilitation. Bonnie Conner, Library Board Member, stated she favors matter going on the ballot, but the public must be well-informed, and have full drawings on both buildings. Bonny Moore, Alameda, urged Council put matter on ballot; and stated the Linoaks could be used in various ways including a senior citizen complex. March 17, 1992 80 Gertrude Woods, Alameda, stated she supports a November advisory vote regarding library issue if facts are given to voters. Robert Brewer, Alameda, urged Council proceed with library plan submitted to State; City Hall and Carnegie Building should be on ballot as a preservation package rather than as library issue. Archie Waterbury, Member, Library Board, stated as a voter, he is entitled to the same detailed information for retaining the Carnegie, as has been given regarding the Linoaks. Dr. Alice Challen, Alameda, requested the matter be placed on a ballot, all facts given, and citizens allowed to decide the issue. Doris Chow, Alameda, questioned why normal maintenance has not been given the Carnegie Building, and requested retention of the Carnegie Building as the main library be placed on the ballot. Gerhard Degemann, Alameda, stated putting City Hall on ballot for an advisory vote is premature because information is not sufficient to vote on; requested issue be kept off the ballot at this time. President Withrow stated he supports City Hall and Carnegie Building issues being placed on the ballot but has no intent to vote to put anything on a ballot before knowing facts and options; agrees the [City Hall] matter is premature but supports defining and quantifying options. In response to Councilmember Camicia, the City Clerk stated August 7th is the last day to place a measure on the November ballot. Counilmember Camicia agreed with a preservation package, stated costs and other facts should be determined; Council should put matter on the ballot and has until August [to gather information]; groups should be lobbying for Senate Bill 1230 [library funding]. Councilmember Lucas stated she would like to consider issues separately; the Library issue has been public controversy for years and much information gathered; buildings designed to be state-of-the-art are already obsolete when completed; cited Bureau of Electricity building as example; historic buildings adjust; discussed, with the City Manager, cost of architect and scope of work to be covered; and stated she desires two ballot measures: voters could mark "yes" or "no" on rehabilitation and expansion of Carnegie Building, and "yes" or "no" on Linoaks site. Councilmember Roth stated both ideas might be rejected; and President Withrow stated that would be the advice from the people. Councilman Arnerich stated the library issue has been considered for many years, a Council decision was made concerning Linoaks; he favors proceeding with renovation and upgrading of City Hall, preservation of Carnegie Building and pursuit of funding for Linoaks site. March 17, 1992 81 Councilmember Roth stated he will not vote to put anything on ballot until SB 1230 is determined; all facts should be gathered before putting proposed measures on ballot; and City Hall issue is premature as many alternatives should be looked at. Councilmember Lucas agreed the City Hall ballot measure proposal does not have alternatives developed; and information is needed regarding Library sites; she would like City Manager to provide a recommendation on compiling facts so the proposals can be reasonably compared. In response to Councilman Arnerich, the City Manager stated two and one-half to three months would be required for report/studies requested. Following discussion on popular-opinion polls regarding Library, consideration of SB1230, funding of library site, Councilmember Camicia moved that staff develop an overview of preservation options when the status of the Keene Bill is indicated; stated Council can narrow focus of what will be put before the voters, and, at that point, detailed information, as discussed by staff will be requested. Councilmember Roth seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow - 4. Noes: Councilman Arnerich - 1. Absent: None. 92-207 Consideration of a motion to place on the November ballot an Advisory Measure concerning City Hall Renovation/Construction. (Councilmember Roth) [See paragraph 92-206 for discussion.] 92-208 Appointment by the Mayor of two Transportation Advisory Committee members-at-large. Mayor Withrow appointed Sally Talarico and Iris I. Watson as members of the Transportation Advisory Committee. 92-209 Councilmember Camicia suggested a Special Council Meeting for March 24th to consider AC Transit reapportionment, and requested a staff report and resolution on the subject. 92-210 Councilmember Camicia requested a resolution encouraging Safeway to retain its Richmond warehouse facilities and not relocate in Tracy. 92-211 Councilmember Camicia requested staff to consider allowing businesses to place tables, chairs and other facilities, in front of their establishments. 92-212 In response to a citizen's inquiry (prior to Council Meeting], Councilmember Camicia requested staff to determine the maximum number of dogs allowed per household. 92-213 Mayor Withrow announced the various activities scheduled for Sunday, March 22, including a parade organized by Councilman Arnerich, to honor "The Pilots," St. Joseph High School's March 17, 1992 basketball team, which will be participating in State finals. 92-214 Councilmember Roth requested a staff report on the current cost estimates for the new Bureau of Electricity building. ADJOURNMENT The meeting was adjourned by President Withrow at 10:38 p.m. R pectfully submitted, frce DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance. March. 17, 1992