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1992-05-05 Regular CC MinutesMINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL, MAY 5. 1992 The meeting convened at 7:43 p.m. (following the Annual Community Improvement Commission Meeting) with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Dorothy Kimbrell 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 to consider the following: 92-309 Significant Exposure to Litiaation, pursuant to Subsection (b) of Government Code Section 54956.9: Mayor Withrow stated no action was taken. 92-310 Personnel Matters, pursuant to Government Code Section 54957: Mayor Withrow stated no action was taken. (Note: All Councilmembers were present.) CONSENT CALENDAR At the request of Councilmember Roth, (92-323) resolution regarding Intention to Levy Assessment, at the request of Councilman Arnerich, (92-321) report regarding Sales Tax Data and (92-322) resolution supporting AB 3800, and at the request of a citizen, (92-324) ordinance adopting Uniform Building Code, were removed from the Consent Calendar for discussion. The City Attorney stated she would like to clarify a statement she made on April 10, 1992, that the current auditing firm for the City was Deloitte Touche; that is not correct; that was former auditor, and Maze & Associates is current auditor. (Minutes of 4/10/92: See (92-255)). Councilmember Lucas moved approval of remainder of 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. *92-311 Minutes of the Regular Council Meeting of April 21, 1992, and Special Council Meetings of April 10, 1992, and April 21, 1992. Approved. *92-312 Report from City Attorney regarding Amendment to Terms for Appointments to Finance Committee and Navy Base Committee. Accepted. May 5, 1992 *92-313 Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Landscape Maintenance of Median Strips and Special Areas for the Fiscal Year Ending June 30, 1993, No. P.W. 2-92-04. Accepted. *92-314 Report from Finance Director to Set Hearing for Establishment of Prop 4 Limit for 1992-93. Accepted. See 92-322 for Resolution No. 12237. *92-315 Resolution No. 12238. "Approving Appointments to the Alameda County Task Force/Waste Reduction Advisory Board. Adopted. *92-316 Resolution No. 12239. "Appointing an Engineer and an Attorney for Island City Landscaping and Lighting Assessment District 84-2." Adopted. See 92-323 for Resolution No. 12240. *92-317 Resolution No. 12241 "Approving Application to the Local Grant Program under the EBRPD Regional Open Space, Wildlife, Shoreline, and Parks Bond Ordinance Phase II for the Following Projects: Acquisition of Approximately Seven Acres of the Alameda Belt Line for Construction of a Linear Park (Land is Located on Atlantic Avenue between Main Street and Webster Street) and Replacement of the Recreation Center and Construction of a Basketball Court at Krusi Park." Adopted. *92-318 Ordinance No. . N.S., "Adopting the 1991 Edition of the Uniform Plumbing Code, the 1991 Edition of the Uniform Mechanical Code, and Approving Certain Amendments Thereto by Amending Chapter XIII, Article III and Article XI of the Alameda Municipal Code." Introduced. *92-319 Ordinance No. N.S. "Adopting the Uniform Fire Code, 1991 Edition, and Uniform Fire Code Standards Governing Conditions Hazardous to Life and Property from Fire or Explosion by Amending Sections 15-1.2, 15-1.7." Introduced. *92-320 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $818,378.82. 92-321 Report from Community Development Director regarding State Board of Equalization's Confidentiality of Sales Tax Data. Councilman Arnerich stated he requested this item be pulled because State Board of Equalization (SBE) does not want the report noting the top 25 revenue producers in cities published any longer; however, he would like Council to have that information; he will support the recommendation but would like an addenda that if the SBE does adopt such a policy throughout the State, Council should receive the information. May 5, 1992 President Withrow commented the City Attorney has clarified the Council has the right to any information within the City, and it will be provided confidentially to Council, but it cannot be disseminated for use by [others] e.g., the Economic Development Commission. Councilman Arnerich moved acceptance of report and recommendation. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. 92-322 Resolution No. 12237., "Supporting AB 3800, Encouraging the Governor and Legislature to Increase Funding for Transit Service." Adopted. President Withrow stated AC Transit (AC) is short of funds, is trying to balance its budget, and has cut back; Council does not believe AC has pursued priorities important to Alameda; is requesting support for AB 3800, a funding measure for transit services/bus transportation in this area, which addresses the matter from a positive side. Councilman Arnerich stated his concern is the City has already had service cut; he wants to go on record that a portion of the 6 1/2% funding for transit, that will be on the ballot in November, be for Alameda service and wants the resolution tied to that funding. President Withrow agreed. Councilman Arnerich moved adoption. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 92-323 Resolution No. 12240 "Resolution of Intention to Levy an Annual Assessment of the Alameda Business Improvement Area of the City of Alameda for Fiscal Year 1992-93." Adopted. Councilmember Roth stated he pulled the item from Consent Calendar to abstain. Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion which carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Lucas and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilmember Roth - 1. 92-324 Ordinance No. , N.S. "Adopting the 1991 Edition of the Uniform Building Code, the 1991 Edition of the Uniform Building Code Standards, the 1991 Edition of the Uniform Code for Abatement of Dangerous Buildings, Appendix 1 of the 1991 Edition of the Uniform Code for Building Conservation and Approving Certain Amendments Thereto by Amending Chapter XIII, Article 1 of the Alameda Municipal Code." Introduced. John Scott Graham, Alameda, questioned if buildings must be upgraded when the ordinance takes effect in July because he is concerned about the number of buildings already being vacated. May 5, 1992 The City Manager stated the ordinance applies only to new construction. Councilmember Camicia moved introduction. Councilmember Roth seconded the motion which was carried by unanimous voice vote - 5. AGENDA 92-325 Appointment of M. Suyin Stein to Finance Committee; and presentation of Certificate of Appointment. Vice Mayor Lucas presented the Certificate of Appointment to Ms. Stein, who accepted with words of appreciation. 92-326 Report from City Manager transmitting request from East Bay Municipal Utilities District (EBMUD) to send a letter to the Federal Energy Regulatory Commission to Postpone their Proposed Environmental Impact Study on Lower Mokelumne River until the State Water Resources Control Board Completes a Long Range Plan. The City Manager noted EBMUD's concerns regarding the Mokelumne River project. Councilmember Camicia moved the recommendation to forward a letter to the Federal Energy Regulatory Commission. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 92-327 Report from Assistant City Manager recommending that the Bay Farm Island (BFI) Perimeter Dike Maintenance continue to be provided by the BFI Reclamation District No. 2105. President Withrow noted the City Attorney's Office has ruled the Mayor, City Manager and City Attorney have a potential conflict of interest on this item and must leave the dais during consideration of the matter. Vice Mayor Lucas assumed the Chair as Acting President; and requested a background summary from the Assistant City Manager. The Assistant City Manager noted an error in the staff report on Page 3, Option No. 2, which states the outside attorney has stated the parks and streets would not be subject to annual assessments; however the park lands are subject to assessments, the streets are not; and reviewed background of the matter. Robert Berges, Alameda, stated his taxes pay for parks in all of Alameda; the dikes are part of the park system and public use area and should be the responsibility of the City and should include the whole tax base; and is a matter of fairness. Pamela DeSimone, Alameda, President, Community of Harbor Bay Isle, stated the City owns the land which comprises the perimeter dike and adjacent park lands; the Community controls the reserve for the dike in the amount of $300,000 which it believes could produce the May 5, 1992 amount of interest needed to maintain the dike on a yearly basis, and would turn the reserve over to the City if the City will take responsibility for the dike; and is willing to work toward an agreement beneficial to everyone. Thomas Lewellyn, Alameda, stated when citizens purchased homes in the area, they understood they would pay off the bond and be under no further obligation respecting the waterways; he questioned maintenance on other waterways; BFI parks and waterways are open to all Alameda and for area homeowners to pay the full burden of keeping the system going is unfair. In response to Acting President Lucas, the Assistant City Manager stated the district was to perpetually maintain the protective devices pursuant to an agreement and he has been advised the homeowners were given that information. Councilmember Roth stated some private development maintains public access areas at no cost to the City. The matter of fairness, payment for lagoon maintenance, an agreement that the homeowners would perpetually maintain the protective devices, and whether or not homeowners received that information, were discussed. The Assistant City Manager stated the assessment will be determined by the Valuation Commissioners, and will come back to Council; if there are protests, a protest hearing will be held before the City Council. The Public Works Director clarified that the issue is the levy maintenance and has nothing to do with the lagoons per se; when BFI was filled, a levy was built all around the island; if the dike is broken, the land starts to go back into the water, the maintenance and protection of the dike, not the lagoon system, is the issue. Mr. Lewellyn stated if that is the case, then certainly [the maintenance] should be absorbed by the City as a whole, as such a large part of the City is involved, and the protection, safety and quality of living of all of the people [on BFI] is an obligation for all of the City. Councilman Arnerich stated Council is taking the matter seriously, will be looking at all angles, will be considering all speakers' comments, and all segments of the City will be protected. William Luthi, Brittany Landing, questioned why the Mayor needed to step down from the dais, and the Assistant City Attorney explained the matter. Mr. Luthi stated Council must address fairness; is requesting homeowners to spend a great deal of money relative to what it would cost the City for the same work; and is placing a burden on the May 5, 1992 homeowners. Ronald Matthews, Treasurer, Community of Harbor Bay Isle, stated he represents three homeowners associations; no real estate agent ever informed him perpetual maintenance was required, and it was implied that when the bond was ended, that [obligation] was complete; he is concerned some people speak of HBI as though it were a different City and requested that distinction stop; noted HBI homes have been evaluated much more recently for Assessor's roles than the rest of the City's tax base, and consequently, a study of the tax base of HBI, BFI, and the rest of the City, reviewing that financial information would be refreshing. Joanne Warstler, Alameda, stated she was told Reclamation District would run for twelve years; that was the assumption of friends and neighbors also; the City owns the land under the dike and is in a better position [than the District] to maintain the dike. Mark Winsor, Alameda, stated he is supervisor with Environmental Science Associates and does extensive studies of flooding, hydrology, etc., throughout California; one consideration now mandatory is the rising of the sea level occurring as a result of global warming; he questions whether $30,000 per year set aside for maintenance of the dike will be adequate; every community is looking toward federal funding, and there is greater power in numbers and influence of having the City of Alameda, as a whole, deal with this problem. Robert Hubbard, stated he was upset upon receiving a letter from the Reclamation District about the possibility of continued liability on the part of the community; the area is open to anyone; and hopes Council will take responsibility for the area. Thomas Jordan, Executive Director, Community of HBI, clarified that use of shoreline by non-residents of HBI includes Tillman and Leydecker Parks, and inner pathways totally paid for by community residents. Councilmember Roth stated he believes the City does not want to take over the financing but is sympathetic to cutting cost to homeowners, there are other solutions, having the matter before Council is premature, and he would like to see more discussion. Councilmember Camicia agreed; fairness is an issue; believes HBI pays more fees and taxes than other parts of the City, and requires less City services than other parts of the City; is paying more than its fair share; suggested putting matter off for a month. Council discussed timing, for bringing the matter back, with Ms. DeSimone. Ms. DeSimone, Alameda, inquired if expanding the Committee to include a Councilmember would be possible, in order to address Council concerns. May 5, 1992 Councilman Arnerich and Councilmember Roth volunteered, and Acting President Lucas agreed. Councilman Arnerich stated he supports postponement; the City must be made more cohesive and he would like to address the homeowners' association on the subject. Ms. DeSimone stated she has requested a number of people to review property papers regarding disclosure, and they find no information of maintenance beyond 1991. Councilman Arnerich stated if that is true, Council should be made aware. Acting President Lucas, Ms. DeSimone and Assistant City Attorney briefly discussed insurance requirements. Councilmember Camicia moved to table [the issue] until the sub- committee, staff and homeowners can meet, work out a solution and bring the matter back to Council. Councilmember Roth seconded the motion which carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Roth and Acting President Lucas - 4. Noes: None. Absent: None. Abstention: Mayor Withrow - 1. In response to Acting President Lucas, Ms. DeSimone stated she has a noticing procedure for the Association members and will keep them informed. * * * Mayor Withrow assumed the Chair. 92-328 Report from Community Development Director recommending Funding Consideration for the Alameda Historical Museum Multi- Cultural Program. Richard Navarro, Alameda, supported staff recommendations. Patricia Barry, Alameda, commended the Program and stated she recommends approval of the proposal. Al Wright, Park Street Business Association (PSBA), stated PSBA has discussed the program with the Museum and supports it. Greg Beattie, Alameda, Alameda Historical Museum, stated groups bring their own stories and artifacts; programs are well done; the proposal is reasonable and will benefit the community. Jo Takata, Alameda, stated great understanding of diverse cultures can be fostered [through the program]; the Museum plays important role in the community; and he recommends the Museum be given requested funding. Diana Rosado, Alameda, stated she represents the Latino community, is a student at Alameda High School, and indicated support of the program. May 5, 1992 Nalini Joshi, Alameda, stated many volunteers work full time putting programs together, and are asking for assistance. Donna Gravem, Alameda, stated she is a member of a programs committee, and enjoys sharing with the community. George Gunn, Alameda Historical Museum, stated the program exhibits are artistic, the Museum has grown and the history section will probably be open in June; and requested Council's support. Robbie Dileo, Member, Alameda Historical Museum, expressed desire for funding to help the Museum. President Withrow stated the program will reap benefits for the City; and expressed need for support. Vice Mayor Lucas discussed possibility of use of UDAG funds with the Community Development Director; and stated she would like alternatives to General Fund monies. Councilmember Camicia moved approval of funding and directed staff report back to Council with appropriate funding alternatives [other than the General Fund]. Councilmember Lucas seconded the motion. Following Council discussion on amount of funds and possible alternatives, the motion was carried by unanimous voice vote - 5. 92-329 Report from Fire Chief on the status of City Disaster Council, and Ordinance No. , N.S. "Amending the Alameda Municipal Code by Adding Ordinance No. 1676, N.S., as Section 2-15 Article II (Boards and Commissions), Creating the City of Alameda Disaster Council, Providing for Membership, Director and Other Offices Thereof, Prescribing Duties, Functions, and Responsibilities of Same." Introduced. Councilmember Roth stated the City Disaster efforts have not been totally funded, every citizen of Alameda is effected, and Council should commit to funding. President Withrow stated one of the things he hopes will come out of this is an integration of the Disaster Planning with the overall public safety role within the City. Councilmember Lucas moved introduction of ordinance. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-330 Resolution No. 12242 "Resolution Urging the Alameda County Board of Supervisors to Adequately Staff the District Attorney Alameda Municipal Court Branch Office and Opposing Proposed Budget Reductions in Alameda County District Attorney's office." Adopted. John Barni, Sr., Alameda, stated reduction is not needed in law enforcement, and urged Council impress upon the Board of May 5, 1992 Supervisors that the [District Attorney] Office be maintained and staffed. President Withrow stated he put the matter on the agenda as he would like the City to approach the County expressing concerns on cutting the District Attorney staff; if the cuts are made, the District Attorney's opinion is that nothing below a felony could be prosecuted throughout the County; if Council adopts the resolution, he [Withrow] intends to take it to the Alameda County Conference of Mayors on May 13 and request other County cities pass a resolution to send the Board of Supervisors. Councilman Arnerich stated his support. Councilmember Lucas moved adoption. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 92-331 Ordinance No. , N.S. "Adopting a Storm Water Management and Discharge Control Program." Introduced. [See 92-332 for action.] 92-332 Resolution No. 12243. "Adopting Storm Water Utility Fee." Adopted. John Barni, Sr., Alameda, stated [instituting] fees must come to an end; property owners in Alameda will be paying more in fees than they will be paying for usage of water. Vice Mayor Lucas stated a legislative mandate exists for cleanup of storm waters, and the [recent] disaster in Guadalajara is an example of what happens if cleanup is not done, and occurred due to lack of cleanup; believes the proposal is an investment in the future. President Withrow commended the Public Works Director for providing a program with reduction of maintenance cost, and stated he would hope during the recession, the $12 program would suffice. Councilmember Camicia commented EBMUD receives monthly rates and $9,000,000 from property taxes; and he does not see why the property tax fees cannot be used for this [Storm Water] program. The City Manager replied the mandate is against the City not EBMUD, Council may wish to write EBMUD to use property tax money; the Governor has requested EBMUD tax monies be used to help the State with education; and EBMUD has said if they lose that money, they will increase rates by 10%. President Withrow suggested recommending to those who have given the mandate that EBMUD pay for [the program]. The Public Works Director stated the background of the activity, to put the fee on the tax rolls, action must be taken quickly; an ordinance must be introduced, and [fees] placed on the tax rolls by August, and if there is delay due to trying to get others to pay May 5, 1992 i22- for it, the [deadline] may not be met. Councilmember Roth stated if capital improvements must be made, this would be an opportune time to obtain financing; if the improvement is done later, a higher rate would need to be paid, and he believes the fee amount should be $20. Councilmember Lucas agreed this would be an investment less expensive now than later. Following brief Council discussion, Councilmember Roth moved adoption of resolution with the $20 fee. Councilmember Lucas seconded the motion which carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, Roth and President Withrow - 4. Noes: Councilmember Camicia - 1. Absent: None. Councilmember Lucas commented Councilmember Camicia's position regarding EBMUD receiving property tax revenues is worthwhile, and questioned if Council would take a position that property taxes should not be collected by EBMUD. Councilmember Camicia suggested a resolution reflecting Council's position on the matter could be requested later under New Business. Councilmember Roth moved introduction of the ordinance f92-331], Councilmember Lucas seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, Roth, and President Withrow - 4. Noes: Councilmember Camicia - 1. Absent: None. 92-333 Ordinance No. 2599, N.S. "Ordinance Amending Title XI (ZONING), Chapter 2, Articles 2, and 3, Sections 11-222, 11-223, 11-224, 11-21, 11-231.1, 11-231.2, 11-231.3, 11-232, and 11-237 of the Alameda Municipal Code Thereof Relating to Design Review." Councilmember Roth raised question concerning determination of what would be considered minor design review and the Planning Director explained how a determination is reached, noting the impact of the change must be considered. Councilmember Roth stated the letter [dated 4/19/92 from Interim Planning Director] notifying homeowners that their houses are on the Historic Buildings Study List were told that everyone would be treated the same, but he does not believe that is correct; he would like that on the next agenda and will vote no on the ordinance. The Planning Director stated all exterior improvements must go through the ten-day public notice and public review period. Councilmember Lucas noted the ordinance reduces design review; and moved final passage of the ordinance. Councilmember Camicia seconded the motion which carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Lucas and President Withrow - 4. Noes: Councilmember Roth - 1. Absent: None. May 5, 1992 John Barni, Sr., Alameda, stated he received one of the letters discussed and phoned City Hall to express he is not in favor of his property being put on the list. 92 -334 Ordinance No. 2600. 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." Adopted. President Withrow noted, for the benefit of the audience, that the City Clerk is required to read ordinance titles. Councilmember Camicia moved final passage. Councilmember Roth seconded the motion which was carried by unanimous voice vote - 5. ORAL COMMUNICATIONS 92 -335 John Scott Graham, Alameda, suggested an alternate route every other year for the Fourth of July Parade; and expressed concern about helicopters flying low and racing over Alameda. 92 -336 Reverend Betty Williams, Alameda, stated concerns about an apology she expected regarding a newspaper article; and stated she has not heard expressions of distress from the Mayor regarding the Rodney King case. Mayor Withrow noted he had given a press release that was carried in three newspapers in the area. 92 -337 Arlene Moten, Alameda, expressed her distress regarding racial issues. 92 -338 Reverend Lawrence VanHook discussed the necessity to find some way to bridge the gap between police and community, and requested the matter be placed on agenda. Mayor Withrow stated he will have the matter agendized. 92 -339 Clayton Guyton, Alameda, commented Council must listen to what is being communicated. 92 -340 Helen Fletcher, Alameda, commented on relationships between races that should occur. NEW BUSINESS AND UNFINISHED BUSINESS 92 -341 Consideration of Parking Meter Alternatives. (Councilmember Roth) Frank Lopez, Alameda, PSBA, stated if Webster Street wishes to join in on bagging of meters, he is not against that, but he would like to see Webster Street follow the same procedures Park Street May 5, 1992 followed; and would not like changes to Park Street's proposal. John Scott Graham, Alameda, stated if meter heads are removed, bicycles cannot be locked to meter [poles]; and perhaps bike racks could be provided near businesses. Kimberly Byrne, West Alameda Business Association (WABA) stated the conclusion of most merchants in a Webster Street survey is that a need exists to be consistent with other [business] areas of the City; and the merchants are open to alternatives. Councilmember Roth stated there are alternatives [to bagging meters] and questioned if Council would like staff to put some alternatives together. Councilman Arnerich stated Webster Street merchants can draft, as Park Street merchants did, proposals. President Withrow clarified with the City Manager the status of the matter, that the Public Works Director is to report to Council on implementing the concept of bagging, or rendering meters "non- functional." Councilmember Lucas stated Park Street is ready to move forward and she would not like to delay them. Following Council discussion on the concerns of merchants, and the possibility of alternatives, Councilmember Camicia stated other options could be explored in a report off agenda. 92-342 Councilman Arnerich requested agendizing whether to reschedule the June 2, 1992, Council Meeting due to the Primary Election. ADJOURNMENT 92-343 Mayor Withrow requested reflection on the lives lost in the Los Angeles incident; and recognized the fact that the City Flag is flying at half mast in memorium. 92-344 Mayor Withrow adjourned the meeting in memory of Jerry Mills, retired Oakland Fire Department Captain who worked with, and encouraged, young adults in athletics in the City of Alameda. Respectfully submitted, DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance. May 5, 1992