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1992-04-21 Regular CC MinutesMINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL APRIL 21, 1992 The meeting convened at 7:35 p.m. (following the Community Improvement Commission Meeting) with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Roth. Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth, and President Withrow - 5. Absent: None. ANNOUNCEMENT OF CLOSED SESSION ACTIONS Mayor Withrow announced that Council adjourned to Closed Session at a Special Council Meeting (convened at 5:30 p.m.) to consider: 92-259 Significant Exposure to Litigation, pursuant to Subsection (b) of Government Code Section 54956.9 of the Brown Act: Mayor Withrow stated no action was taken. 92-260 Pending Litigation: Cook v. City of Alameda and Jordan v. City of Alameda, pursuant to subsection (a) of the legal counsel section of the Brown Act: Mayor Withrow stated no action was taken. 92-261 Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Mayor Withrow stated the Council gave further instructions to the City negotiators. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY. 92-262 Proclamation declaring the week of April 27, 1992 as COMMUNITY SERVICE WEEK. Mayor Withrow read the Proclamation. Richard Thomas, President, Rotary Club of Alameda, expressed appreciation for the proclamation, and for qualities and values of the non-profit organizations. CONSENT CALENDAR At the request of Councilmember Camicia, 92-282 report regarding 66th Avenue overcrossing, and at the request of Councilman Arnerich, 92-283 report regarding Light System in Chambers, and 92-284 Quarterly Financial Report, were removed from 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. April 21, 1992 *92-263 Minutes of the Regular Council Meeting of April 7, 1992, and Special Council Meeting of March 24, 1992. Approved. *92-264 Report from City Attorney regarding City's Conflict of Interest Code and Requesting that the City Council Designate the City Attorney as the City's Reviewing Body of the Conflict of Interest Codes of Other Local Agencies within the City's Jurisdiction. Accepted. *92-265 Resolution No. 12229. "Amending Conflict of Interest Code by Amending Paragraph Two of Resolution No. 9460 Relative to Disclosure Positions and Disclosure Categories and Rescinding Resolution No. 12073." Adopted. *92-266 Report from City Attorney requesting Approval for the City to Join an Excess Workers' Compensation Joint Powers Authority and Authorization for the City Manager to Execute the Joint Powers Agreement. Accepted. *92-267 Report from City Clerk requesting authorization to call for bids for legal advertising for Fiscal Year 1992-93. Accepted. *92-268 Report from Interim Planning Director to determine whether to hear an appeal and to set a date for the Appeal of a Planning Board partial denial of a Variance, V-91-327, for rear yard setback, front yard setback and open space standards to construct an addition to a single family residence at 2508 Crist Street. Applicant: Mariusz Lewandowski. Appellant: Councilmember Camicia. Accepted. *92-269 Report from Public Works Director recommending Award of Contract to St. Francis Electric for Traffic Signal Modification at Central Avenue and Webster Street, No. P.W. 1-92-02. Accepted. *92-270 Report from Public Works Director recommending Adoption of Plans and Specifications and Calling for Bids for the Repair and Resurfacing of Certain Streets, Phase 13, No. P.W. 3-92-06. Accepted. *92-271 Report from Public Works Director recommending acceptance of work by Ransome Company for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, and Driveway in Various Locations, No. P.W. 7-91-9. Accepted. *92-272 Report from Public Works Director recommending Stop Sign Installation for Eagle Avenue at Oak Street. Accepted. *92-273 Report from Public Works Director recommending acceptance of work by Oliver DeSilva, Inc. for the Construction of the Harbor Bay Isle Ferry Terminal Parking Lot and Access Road. Accepted. *92-274 Report from Finance Director transmitting Investment Report for period ending March 31, 1992. Accepted. April 21, 1992 *92-275 Report from Chief of Police recommending authorization of purchase of Police Patrol Vehicles through the State Cooperative Purchasing Agreement. Accepted. *92-276 Report from Executive Director, Housing Authority, regarding waiver of payment in lieu of taxes (Pilot for Fiscal Year 1992-93). Accepted. *92-277 Resolution No. 12230 "Authorizing the Filing of a Claim with the Metropolitan Transportation Commission and the Alameda County Board of Supervisors for Allocation of Transportation Development Act and Alameda County Measure B Funds for Fiscal Year 1992/93." Adopted. *92-278 Resolution No. 12231 "Resolution of Appreciation to the Volunteers for the City of Alameda." Adopted. *92-279 Resolution No. 12232 "Authorizing the City of Alameda to join with other public agencies as a participant of the California Arbitrage Management Trust and to invest in shares of the trust and in individual portfolios." Adopted. *92-280 Resolution No. 12233 "Authorizing Grant Application to the State Department of Forestry and Fire Protection Urban Forestry Grant Program Under the California Wildlife, Coastal, and Park Land Conservation Act of 1988." Adopted. *92-281 Bills, certified by the City Manager as true and correct, were ratified in the sum of $1,087,430.04. 92-282 Report from Public Works Director concerning information on the 66th Avenue Overcrossing and the High/Fernside/Gibbons Intersection. (Councilmember Camicia) Councilmember Camicia stated he would like the 66th Avenue overcrossing pursued because he believes it will take traffic from the East End of the island and away from residential streets; a number of residents in the area of High/Fernside/Gibbons have their own thoughts and plans on how to alleviate traffic in that area; and before plans move forward, an established expert should look at the intersection and make recommendations. Councilman Arnerich concurred; and stated a part of the study should include proposals making the High Street Bridge and the Fruitvale [Miller Sweeney] Bridge one-way coming into, and going out of, the City. President Withrow noted the 66th Avenue Crossing is included in the planning effort for the Congestion Management Plan and the County-wide Transportation Plan, which both come under the Congestion Management Agency (CMA) of which he is currently Vice Chair; and there appears to be a great deal of support for the Crossing. Councilmember Camicia stated he believes the 66th Avenue Crossing is a key to future traffic in the East End. April 21, 1992 Councilmember Lucas stated traffic on Fernside Drive and High is so heavy, it is interfering with the quality of life, and 66th Avenue Crossing would alleviate that. Councilmember Camicia moved acceptance of the report. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-283 Report from the Public Works Director on Possible Changes to the Acknowledge Light System in the Council Chambers. Councilman Arnerich stated he would like a display light board which would reflect the voting of each Councilmember, and would like the Public Works Director to check with San Leandro and Hayward. The Public Works Director noted problems with voting light systems; has received pictures of the San Leandro system; and Hayward no longer uses a system. Following brief discussion, Councilman Arnerich moved to accept the report with the stipulation that Public Works Director return within thirty days [with a further report on a voting light system). Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 92-284 Report from Finance Director transmitting Quarterly Financial Report for Period Ending March 31, 1992. Accepted. In response to Councilman Arnerich, the Finance Director reviewed certain figures on Attachment A, Page 1 of the report. Councilman Arnerich moved acceptance of report. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. AGENDA ITEMS 92-285 Public Hearing to Code relating to Design "Amending Title XI (ZONING) 11-222, 11-223, 11-224, 11-232, and 11-237 of the to Design Review." consider amending the Alameda Review; and Introduction of , Chapter 2, Articles 2, and 3 11-231, 11-231.1, 11-231.2, Alameda Municipal Code Thereof Municipal Ordinance , Sections 11-231.3, Relating Bobbie Hoepner, Alameda Association of Realtors, thanked Council for making changes and stated the realtors fully support the introduction of the ordinance. Christopher Buckley, Alameda, stated he and Don Patterson have formed Committee for Effective Design Review Program in Alameda; urged Council adopt Planning Board's recommendation; suggested when design review guidelines are adopted, a monitoring mechanism be put in place with Planning Board or Council doing a periodic review to be sure the program is working properly. April 21, 1992 David Baker, Alameda, stated he supports the ordinance because he has seen the adverse impact of a quick makeover without appropriate thought to even minor alterations of exteriors. Bruce Gordon, Alameda, stated he supports the ordinance as he has seen mistakes in facade restoration that has not been beneficial. Lois Francis, Alameda, stated she strongly favors design review; her home, with 1881 Victorian architecture, was "modernized" in 1911 which removed major features; restoration is expensive; distinctive style needs protection otherwise, neighborhoods lose flavor and value. Councilmember Lucas commended former Interim Planning Director's work on solutions to [design review] concerns; and she is pleased with community support. * * * The City Manager introduced the new Planning Director Colette Meunier. * * * Responding to Councilmember Roth's inquiry, the Planning Director explained the public notice procedure with respect to Design Review and appeal rights. Councilman Arnerich stated he is pleased with the work that has been done; recommended Council review the matter in 9 or 12 months; and moved introduction of the ordinance. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 92-286 Public Hearing to consider an Initial Study to determine the environmental effects associated with a Zoning Text Amendment to amend Subsection 11-1354.4(d), and to renumber certain Subsections, and a Zoning Text Amendment which would set standards for processing Planned Developments for parcels developed with two or more single family dwellings - Applicant: City of Alameda; and Ordinance No. , N.S. "Amending Subsection 11-1354.4(d) and Renumbering Subsection 11-1354.4(d) to 11-1354.4(e), Subsection 11-1354.4(e) to 11-1354.4(f) and Subsection 11-1354.4(f) to 11-1354.4(g) of Chapter I, Title XI, of the Alameda Municipal Code." Introduced. President Withrow noted there were no speakers. Councilmember Lucas commended former Interim Planning Director for finding solution for problem; believes the solution will work well; and moved approval [introduced ordinance]. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 92-287 Report from Police Chief on impact of the Oakland homicide rate on the City of Alameda. (Mayor Withrow) April 21, 1992 Reverend Betty Williams, Alameda, commented on a newly formed Alameda Race Violence Task Force which is concerned with crime in Oakland and Alameda, and her distress in attitude reflected in a newspaper article; noted the Task Force plans to educate the community, and will be contacting Council further. Councilman Arnerich stated neither Council nor City Hall staff support views in the newspaper article to which Mrs. Williams referred. In response to President Withrow's request, the Police Chief analyzed homicides in Oakland; causes of crimes; family relationships involved; drug-related crimes; means, locations, times of day, and what Oakland is doing to solve problems, cooperation with State and Federal agencies, and deploying violence suppression teams; and addressed impact upon Alameda to be expected from crime suppression program in Oakland; noted Oakland is not out of control as their Police and elected officials are aware and will do what is necessary to control the situation. President Withrow noted Oakland Mayor's consideration of calling in the National Guard and requested Chief to recommend a Council position on the matter. The Chief responded he believes that is a home rule issue, if Oakland officials believe they need the National Guard, the reasonable position of this Council would be to support Oakland officials to solve their problems. Councilmember Lucas discussed increase in crime and neighborhood watch programs with the Police Chief; and inquired about recommendations for Alameda citizens; to which the Police Chief responded serious crime in the County of Alameda has increased greatly; Alameda is a relatively safe community; and the Police Department can cooperate with groups to inform the public concerning personal safety tips. Councilmember Roth stated he would like cooperation between various cities to prevent displaced crime from springing up; and the Police Chief replied the City receives good cooperation from Oakland; however, Alameda must coordinate its efforts to protect the City from displaced crime. Councilman Arnerich noted personal safety tips and preventative measures that should be taken. Councilmember Roth moved acceptance of the report. President Withrow noted shortfalls in Oakland and Alameda County and consideration of cutbacks of Assistant District Attorneys including those in the City of Alameda; the City must appropriate $200,000 to prosecute Alameda's misdemeanors at the Courthouse; he addressed affects of economic impacts on crime; requested a report at the next Council Meeting from the City Attorney recommending an approach to maintain City's values when prosecuting misdemeanors and felonies. President Withrow requested the City Manager to report back with a recommendation "with respect to what the City can put out with a view towards crime in Alameda, separate and apart from the East Bay"; "and what the City can recommend to the County to initiate action to assure citizens the governing bodies are working responsibly to improve security of people in the East Bay;" and "that they try and portray the current crime in perspective to the degree that it exists so that the City can minimize the economic impact;" and look at Ordinance No. 1676, N.S., still available, but not used; a Disaster Council made up of civic leaders, and headed by the Mayor, that will focus on disasters and disaster preparedness throughout the City of Alameda, and the use of neighborhood response teams dovetailed with neighborhood watch groups. Councilman Arnerich stated Alameda wants a fair and judicial [court] system; the County wants more money, and the City should find out where the money is going that the City is already paying. President Withrow stated the City Attorney will be reviewing City payments to the County related to the court system, and that funding should be kept by the City if it must pay for prosecution of cases. The motion was carried by unanimous voice vote - 5. 92-288 Report from the Community Development Director regarding Adopting FY 1992-93 and Amended FY 1991-92 Statements of Community Development Objectives and Projected Use of Funds, and Related Actions. Rod Murray, Alameda, Representative, Alameda Interfaith Outreach Council, stated Community Development has done admirable job; he is concerned with lack of funding for Volunteers of America (VOA), operators of Midway Center; VOA's program is excellent and they would like it to continue. Councilmember Lucas stated she agrees with staff recommendation for the program; is concerned with recent threat of legal action, being handled by Legal Aid, of two people who want to live at Midway permanently and are asking the City for millions of dollars; cannot justify supporting an operation that leads to such a dangerous situation, and would like to exempt the item regarding Midway trailer acquisition until the matter is resolved. President Withrow explained the two Midway residents are college students that, per VOA, do not fit the criteria set forth for being residents there, refused to leave, and are now in the process of suing the City, each for $5,000,000. Councilman Arnerich stated Alameda has had one of the most successful programs of its kind and this is a case of persons taking advantage, which could, if it goes too far, lead to [the program's] demise. Councilmember Camicia stated, in spite of the lawsuit, Midway has been a success and a source of pride, as this is the only community April 21, 1992 of its size with a homeless shelter as successful as Midway; the VOA had done an excellent job; if necessary Council should wait to fund the $100,000 on the trailer, but should support Midway. In response to Councilmember Roth, the Community Development Director explained that "program delivery" is staff cost directly related to the operation of a program; and noted the level of resources, from outside funding sources, that staff is managing, is listed on Attachment F of the Report. In reply to President Withrow, the Community Development Director explained the status of funding available, for homeless shelters like Midway, this year compared to recent years, noting the focus of federal government has shifted from emergency housing support to the direction of permanent affordable housing; however, the community is responding with support. The Community Development Director noted that the acquisition of the Midway trailers has been put on administrative hold by staff pending the outcome of many variables. Councilmember Roth moved acceptance. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 92-289 Report from Public Works Director on Alameda-Contra Costa Transit District Proposed Fare and Service Adjustments within Alameda. Ron Salsig, Alameda, stated he has noticed most bus riders are elderly and fearful of how they will be able to get around town; only one bus line is contained within the City, has drivers who know the riders and are helpful, and the line is about to be removed; [corrective] action should be taken. Vernon Deubler, Alameda, stated he represents Community of Harbor Bay Isle, which hopes Council will work with A.C. Transit to alleviate proposed changes; proposed elimination does not make sense; ridership is not high, but runs could be cut back while retaining the lines; alternatives should be considered. Councilmember Camicia stated the recommendation is to request that A.C. Transit not make any service cuts without a complete and comprehensive analysis; and moved the recommendation. Councilmember Lucas seconded the motion. Councilman Arnerich stated he will encourage Alameda services be continued, when he speaks at an A.C. Transit meeting tomorrow evening [4/22/92]. The motion was carried by unanimous voice vote - 5. 92-290 Resolution No. 12234. "Condemning the Excessive Compensation for the University of California Chancellor retirement by the University of California Board of Regents." (Councilman Arnerich) April 21, 1992 Councilman Arnerich stated action on this matter was taken today, however, he believes going on record about the excessive amounts paid to retired chancellors and certain other employees is important; and moved adoption. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. 92-291 Resolution No. 12235. "Authorizing Issuance of Bonds. (Harbor Bay Business Park Assessment District 92-1)" In response to Councilman Arnerich, Stephen Casaleggio, Bond Counsel, with Jones, Hall, Hill & White, explained some Mello Roos districts have problems, however, when properly handled, Mello Roos works well. Councilmember Camicia moved adoption of the resolution. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 92-292 Resolution No. 12236. "Approving Bond Purchase Agreement, Official Statement and Related Documents and Authorizing Actions With Respect Thereto. (Harbor Bay Business Park Assessment District 92-1)" Stephen Casaleggio, Jones, Hall, Hill & White (JHH&W), stated the County of Alameda cannot tell the firm [JHH&W) exactly how many people in the district have paid their April tax installment; only one individual cannot be verified, and he suggests one change in the resolution if the verification cannot be made by tomorrow [4/22/92), a condition to be added to Section 2: "(iv) The authorized official has determined that there are no delinquent payments of any outstanding assessments." Councilmember Camicia moved adoption with the added condition noted in the preceding paragraph. Following brief discussion to clarify the matter, Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. * * * The Final Passage of Ordinances noted-below and introduced at the April 7, 1992, Council Meeting, adopt t e recodified Alameda Municipal Code, and set fees for sale of, and subscription to, Code. 92-293 Ordinance No. 2596, N.S. "Adopting the 1992 Edition of the City of Alameda Municipal Code and Repealing Ordinance No. 535, New Series (Alameda Municipal Code Adopted April 4, 1935)." Adopted. See paragraph 92-294 for Council action. 92-294 Ordinance No. 2597. N.S. "Amending Exhibit "A" to Ordinance No. 2578 Relating to Certain Fees and Charges for Various City Services and Permits by Adding Fees for Sale of Alameda Municipal Code and Yearly Municipal Code Supplement April 21, 1992 Subscription." Adopted. Councilmember Camicia moved adoption of the ordinances. Councilmember Roth seconded the motion which was carried by unanimous voice vote - 5. [See 92-293] 92-295 Ordinance No. 2598. "Reclassifying and Rezoning Certain Properties within the City of Alameda by Amending Zoning Ordinance No. 1277 for that Property located at 876 Oak Street, 878 Oak Street, 983 Park Street and 985 Park Street." Adopted. Councilmember Lucas moved final passage. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 92-296 Written Communication from Wayne T. Pearce, Alameda, recommending the issue of "vehicle abuse" be addressed at the local level by encouraging Councilmembers and City employees to carpool. Mr. Pearce stated bus service is needed; people should use the service and not use vehicles as often as they do. Councilman Arnerich noted many City employees and some Councilmembers participate in carpooling. Councilmember Lucas moved acceptance of the written communication. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 92-297 Written Communication from Jim Gourlay, Alameda, regarding cost for card access to Harbor Bay Maritime Ferry parking lot, and questioning the need for gates. Councilman Arnerich commented he received a letter from Mr. Gourlay, and submitted same to President Withrow for review by the City Manager; and moved acceptance of the written communication. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. NEW BUSINESS AND UNFINISHED BUSINESS 92-298 Procedure for Selection of a City Auditor. President Withrow presented the name of Kevin Kearney into nomination. Councilmember Roth stated he believed appointment procedure would be discussed. President Withrow noted three alternatives were submitted in the report [dated 4-16-92) by the City Manager. Councilmember Camicia stated he is prepared to vote for Mr. Kearney, however the matter can be carried over to the next meeting. Councilman Arnerich stated perhaps City Attorney, Finance Director April 21, 1992 and Kevin Harper, former City Auditor, could interview and make recommendation; and perhaps anyone who wants to submit applications could do so by Friday evening [4/24/92]. Councilmember Roth stated he has no problem with the name submitted but believes a procedure is necessary. Councilmember Lucas stated she believes the situation is so rare, it does not make sense to set up procedure for every rare possibility; and she agrees with the nomination. Following further discussion on procedure, President Withrow nominated Kevin Kearney. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 92-299 Consideration of Sister City designation. (Vice Mayor Lucas) President Withrow stated the matter refers to an issue he raised with respect to cities in the former Soviet Union; his intent is not to use the term "Sister City" or pursue a Sister City initiative per se; gave background of matter, recommendation at U.S. Conference of Mayors in Washington, D.C., to pursue dialogue as cities in Russia and Ukraine had difficulties due to prior lack of opportunities or privileges in governing themselves; described process between City officials, staff, various non-profit agencies, boards/commissions/committees, and their counterparts in cities to be chosen; he has written letters to mayors of Rostov-on-don and Tagenrog to see if they are interested. Following Council discussion, Vice Mayor Lucas noted that the sister city program requires Council action; that the Assistant City Manager when visiting Russia [cities of Rostov-on-don and Tagenrog], should state the visits are exploratory and he does not speak for the City as a whole. President Withrow agreed; and clarified that the Assistant City Manager is going on vacation and not at City expense. Councilman Arnerich suggested that Alameda's current sister cities [Lidingo, Sweden, and Arita Machi, Japan] should be published in City directories; and that the Mayor should contact them annually. Councilmember Camicia moved acceptance of the [oral] communication. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-300 Councilmember Camicia introduced Kevin Kearney (See 92-298), noted his background and his work for the City on a Committee which was the precursor of the Finance Committee; Mr. Kearney expressed appreciation for the appointment; and stated he will serve to the best of his ability; at Councilman Arnerich's request, the parents of Mr. Kearney were introduced; and Council congratulated Mr. Kearney. 92-301 Vice Mayor Lucas stated the 1991-92 Grand Jury Report April 21, 1992 recommends all elected officials to participate in disaster drill procedures, and requested the City Manager to provide a copy of that Report to Council. 92-302 Vice Mayor Lucas stated she received a citizen's complaint regarding a trailer on Shore Line Drive between the car wash and Lyons which blocks the view of the exit from the parking lots. The Public Works Director stated staff is trying to resolve the matter. Council requested a staff report on the matter if the situation is not resolved by the next Council Meeting. 92-303 Vice Mayor Lucas stated she was contacted by the Alameda Times Star Advertising Department about placing an ad in the paper on April 29th complimenting the May 2 Community Faire, and she questions appropriateness of Council considering such a request. 92-304 Councilmember Roth requested that the next Council Meeting agenda, under New and Unfinished Business, include the issue of parking meter options. 92-305 Councilmember Roth requested staff to report back, at a future Council Meeting, on a procedure that will fast track a development requiring Zoning or General Plan amendment. 92-306 Councilmember Roth requested that the matter of disaster preparedness be agendized in the future to allow discussion and consideration of placing it [related costs] in the budget. 92-307 Councilmember Camicia requested staff to agendize a proposed Charter amendment for November election which will remove the City Manager from the Public Utilities Board. ORAL COMMUNICATIONS, NON-AGENDA 92-308 Newell Cutter, Alameda, commented that the State took a human life today, and requested the Mayor, Council and citizens to fly "our" Flag at half mast. ADJOURNMENT President Withrow adjournment the meeting at 10:20 p.m. Respectfully submitted, 47W D E B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. April 21, 1992