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1992-08-18 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL AUGUST 18, 1992 The Meeting convened at 7:41 p.m., (following the Community Improvement Commission Meeting) with President Withrow presiding. Vice Mayor Lucas led the Pledge of Allegiance. Reverend Doug Henderson 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 City Council did not hold a Closed Session prior to Council Meeting. CONSENT CALENDAR President Withrow stated, at the request of Councilmembers and citizens, items 92-593 through 92-601 were pulled from the Consent Calendar for discussion. Councilmember Camicia moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *01-Q0 M4n-4--c of the Regular Council Meting of August 4, 1992, and the Special Council Meetings of July 31, August 3, and August 4, 1992. Approved. *92-589 Report from Public Works Director recommending acceptance of work by Maggiora & Ghilotti, Inc., for Sidewalk Improvements: St. Charles Street North of Eagle Avenue, No. P.W. 12-91-16, and Street Improvements: Bay Street North of Eagle Avenue, No. P.W. 12-91-17. Accepted. *92-590 Report from Public Works Director recommending acceptance of work by EMSCO of San Francisco for Construction of Municipal Parking Lot D (Northwest Corner of Webster Street and Taylor Avenue), No. P.W. 10-91-11. Accepted. *92-591 Report from Finance Director transmitting Investment Report for period ending July 31, 1992. Accepted. *92-592 Bills, certified by correct, were ratified in the 92-593 Report from Public Works the City Manager to be true and amount of $1,666,333.49. Ratified. Director recommending acceptance of August 18, 1992 work by E & D Systems, Inc., for Construction of Main Street Bike Path, No. P.W. 12-90-18. Charles Millman, Alameda, suggested bike paths be put on secondary streets and Bike Plan include "whistles and horns" [bicycle regulations]. President Withrow discussed with the Public Works Director the possibility of paths on secondary streets, and changes to minimize negative impacts at some major intersections, noting the bike path at Encinal Avenue and High Street causes motorists proceeding towards Fernside to be stuck in the left lane. Councilmember Roth moved acceptance of the report. Vice Mayor Lucas seconded the motion which was carried by unanimous voice vote - 5. 92-594 Report from Public Works Director recommending Appropriation of Funds for Drainage Improvement in Conjunction with the Main Street Bike Path Construction Project. Councilmember Roth moved acceptance. Councilman Arnerich the motion which carried by unanimous voice vote - 5. Councilmember Camicia stated he wanted to point out that path is off street and is important to note. 92-595 Report from Finance Director recommending Adoption of Specification No. MSP 8-92-1, Towing of Private Vehicles. Councilmember Roth stated the specifications should include something that protects people from damage to their cars; and moved acceptance. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 92-596 Report from Finance Director transmitting Annual Report - City of Alameda Investment Program 1991-92. President Withrow noted yields are going down, therefore, income into the City is lowered and fixed incomes have been cut in half, which Council needs to be cognizant of ihen looking at needs for revenue and requirements to either cut costs or increase taxes. Councilman Arnerich moved acceptance. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. 92-597 Resolution No. 12304 "Authorizing the Execution of a Lease for Office Space at 1500-1504 Park Street, also known as 2411 Santa Clara Avenue." Adopted. Councilman Arnerich requested Item 8 on page 3 of contract be amended [to replace "has made no promise to alter, improve, repair, decorate, or paint the premises." with "and has made no promise to alter" and at the end of the sentence, add "except as otherwise provided in paragraph 18"] in order to clarify what is paid for by seconded the bike August 18, 1992 the City and what is not; and moved adoption of the resolution including amendment. Vice Mayor Lucas seconded the motion. John Scott Graham, Alameda, opposed the lease and stated dissatisfactions, including accessibility, among others. Councilman Arnerich stated a number of sites were explored and this one is the most suitable and practical. The motion was carried by unanimous voice vote - 5. 92-598 Resolution No. 12305 "Authorizing Submittal of Grant Applications for Transit Capital Improvement (TCI) Funds for 1) Conversion of Shuttle Buses to Compressed Natural Gas (CNG), and 2) Purchase of Ferry Vessel." Adopted. John Scott Graham, Alameda, commented on type of ferry vessel to procure, e.g., check further into water jet propulsion; and look into fuel used in Denver and Seattle busses to reduce pollution. Clyde Serda, Alameda, stated when the service first started, the City's intention was to stay out of the ferry service system; if the City continues the system, suggested putting the service out to bid and have bidders supply the vessels. President Withrow stated he believes Council's position was that the City would not use General Fund moneys for procurement or maintenance of a ferry. Councilmember Roth stated ferry ridership is the highest it has ever been. The Public Works Director stated last week the average was 1046 passengers per day for one ferry and Harbor Bay ferry had 380. Vice Mayor Lucas moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-599 Resolution No. "Amending the Joint Powers Agreement for the Congestion Management Agency (CMA) to Modify the Quorum and Voting Requirements, and Authorizing Compensation at Standing Committee Meetings." Not Adopted. Councilmember Roth stated he requested this item be pulled; he supports the Quorum modification but does not support the pay. President Withrow noted CMA is an agency with an elected official from each of the 14 cities in Alameda County, some of whom come in from a long distance for several hours and this is the only agency that does not provide a per diem; and a failure in quorums exists, which is delaying Agency goals. Councilmember Roth stated he could consider paying members for [actual] costs. August 18, 1992 B Councilmember Camicia suggested amending resolution by providing for "out-of-pocket" costs. Councilman Arnerich stated he cannot vote for the resolution because it is ambiguous and too loosely worded. President Withrow replied the resolution is a standard one and a modification would essentially be a negative vote; noted Alameda County is failing behind on preparing initiatives, and substantial transportation funds will be lost because plans must be competitive with other counties. Councilmember Camicia moved adoption of resolution with amendment that the CMA Board is authorized to reimburse elected officials for attendance at CMA Board and Committee meetings, and such compensation shall cover mileage and other associated costs. The motion failed for lack of a second. Vice Mayor Lucas moved adoption of the resolution. The motion failed for lack of a second. Councilmember Camicia moved to deny the resolution. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia and Roth - 3. Noes: Councilmember Lucas and President Withrow - 2. Absent: None. 92-600 Resolution No. 12306 "Authorizing Submittal of Grant Application for Assembly Bill 434 Funds for 1) Subscription Ferry Feeder Bus Service, 2) Employer Bike Facilities Program, 3) Bike to Bart Program, 4) Electric Vehicle Pool Car Replacement Program, and 5) Subscription Vanpool Service for Alameda Unified School District and City of Alameda Employees." Adopted. Charles Millman, Alameda, suggested City enforce bicycle safety rules, cite violators, and not allow bikes on primary streets. John Scott Graham, Alameda, stated he shares Mr. Millman,s concerns, and observed that certain no-skateboard and no-bicycle signs on poles have been painted over and never replaced. The Police Chief explained enforcement program, noted the level of enforcement relates to amount of staff available; with current level of staffing, can only put foot patrol on Park Street on intermittent basis. The Public Works Director addressed the Bike to Bart Program. Councilmember Roth moved adoption of the resolution. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 92-601 Resolution No. 12307 "Accepting Grant of Easement from the United States of America (Department of the Navy) to the City of Alameda for Main Street Bike Path." Adopted. August 18, 1992 249 Vice Mayor Lucas moved adoption of the resolution. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. REGULAR AGENDA 92-602 Appointment by the Mayor of a Non-Voting Youth Representative to the Social Service Human Relations Board. President Withrow appointed Arturo Ricabal as Youth Representative, presented him with Certificate of Appointment and commented his role is an important one and he will be making a major contribution to the City. 92-603 Status Report from Chair, Navy Base Committee. (Vice Mayor Lucas) Chuck Corica, Former Mayor, Chair, Navy Base Committee, stated the reason the Strategic Planning Subcommittee has not presented a plan is because this is rot the time to present an alternative plan which would make the City more vulnerable to Base closure, but is working on the matter as there is a great deal to be done in that regard; noted letters must be written by the people to call attention to the fact that a base is being built in Everett, Washington, when a usable Naval Base already exists in Alameda. President Withrow agreed the American public needs to know over a billion dollars are being spent to build an installation in Everett, a pork-barrel operation; Vice Admiral in charge of Naval Air Forces, Pacific stated the U.S. Pacific Fleet does not need Everett, he wants to retain facilities he knows can operate and one of those is Alameda; thanked Former Mayor Corica, commented Committee reports are well done; Committea is focusing on strategic planning process, e,g., what is involved in the conversion, alternatives; and the time spent by the volunteers is well-placed. Councilman Arnerich stated the Mayor of Bremerton, Washington, noted the high focus on Everett; and Alameda should be focusing on the retention of NAS. Mayor Withrow commented Alameda is going to participate on a County initiative with the Economic Development Advisory Board, as a Task Force. Councilmember Camicia suggested the Committee start a letter writing campaign, including publicizing in the local newspapers. Former Mayor Corica stated a letter was distributed at the Fourth of July Parade listing who to write to and concerns to address. Councilmember Camicia noted Mayor Harris [Oakland] is taking a delegation back to WaiThington, D.C. on the Navy Base Closure issue and, if appropriate, Alameda should participate. Mayor Withrow stated he will look into the matter. August 18, 1992 Neil Patrick Sweeney, Alameda, recommended relocating every Navy and Marine Corp activity in the City of Alameda to within the NAS to keep the Base open. Councilman Arnerich moved acceptance. Vice Mayor Lucas seconded the motion. Vice Mayor Lucas expressed appreciation for the Committee's efforts; commented the slow cutback of jobs at the Base are affecting the City already and she sees an urgent need to look at the issue now. Mayor Withrow stated there is a severe risk the Navy will attempt to not close the Base but pull out functions which remove jobs; and the Current Operations Subcommittee is looking at that, tracking workload and number of jobs among other things. The motion was carried by unanimous voice vote - 5. 92-604 Report from Fire Chief recommending Ambulance Fee Adjustments. (Councilmember Camicia) John Scott Graham, Alameda, stated his concerns, and requested information about defibrillators. The Fire Chief stated the "smart" defibrillators used by Alameda Fire Department have been very successful; and the Department's response is fast enough so that heart rhythm can be restored before brain death occurs. Mike Wilson, Alameda, stated Fire Department does not meet County standards in regard to paramedic services; urged Council deny Fire Chief's request for increased ambulance fees; suggested if fees increase, they be used toward developing paramedic program; Alamedans deserve same level of care as the rest of the State. Don Roberts, Alameda, stated he would concur with last speaker if the County were willing to relax regulations to allow the City to have paramedics; he supports equipping [with defibrillators] all Fire Stations for availability to all citizens; and suggested charging same amount as County and have insurance companies reimburse City. Councilman Arnerich stated this matter addresses only increase of fees for ambulance service. Vice Mayor Lucas stated she prefers having an emergency case before a doctor in an emergency ward than handled by paramedics; and commented on the close proximity of Alameda Hospital. Councilmember Roth suggested ambulance fee be adjusted administratively in the future. President Withrow suggested fee tie in with rates paid by the August 18, 1992 251 medical insurance industry. Councilmember Camicia stated he would like City's existing fire staff trained to be paramedics; he is convinced County would provide Alameda with waiver regarding control of City's sovereignty. Councilman Arnerich moved to accept staff recommendation and Councilmember Roth's suggestion that fees be adjusted administratively in the future; and [fee adjustments resolution] brought back to Council in thirty days. Vice Mayor 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. 92-605 Resolution No. 12308 "Adopting the Land Use Analysis Program, a component of the Congestion Management Program (CMP). Councilman Arnerich moved adoption. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 92-606 Resolution No. 12309 "Resolution of Intention to Approve an Amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Alameda," and, [Adopted] Ordinance No. . N.S. "Authorizing Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Alameda." Introduced. The Acting City Manager stated, for the record, that the September 5th date in the amended contract shoull be September 3rd, both following the Resolution [Exhibit] and the Ordinance [Exhibit]. Councilmember Roth moved adoption of resolution and introduction of ordinance. Vice Mayer Lucas seconded the motion which carried by unanimous voice vote - 5. 92-607 Ordinance No. 2612. N.S. "Amending the Alameda Municipal Code by Amending Chapter II, Article 1, Section 2-1.7(d) Authorizing the City Clerk to Summarize Ordinance Titles at City Council Meetings. (Councilmember Roth) Adopted. Councilmember Roth moved final passage. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-608 Written Communication from Jon Rodgers, Alameda, Director, Coalition for Responsible Airport Management & Policy, requesting a City Council resolution supporting efforts to locate University of California, San Francisco (UCSF) facilities at Harbor Bay Business Park, and the expansion plans of Oakland International Airport. Jon Rodgers addressed air ambulance operations; airport expansion; August 18, 1992 stated the Airport can do for Alameda what the Naval Air Station can do [economically] and on a much greater scale; inquired what type of businesses Council will support in the Business Park. President Withrow stated the position of the Airport Operations Committee and the Council has consistently been that the Airport can do what it wishes as long as it does not adversely impact upon the City of Alameda. Councilman Arnerich agreed with Assistant City Manager's report that efforts to bring in UCSF is somewhat premature as UCSF has not indicated its position; and noted the Council has been consistent in its airport decisions. Mr. Rodgers stated he does not see how the City can have growth of the Business Park without impact on the growth of the Airport. Councilmember Roth discussed Lear jets and exemptions under the CAL-PUC Code with Mr. Rodgers. Councilmember Camicia moved acceptance of the communication. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-609 Written Communication from William P. Stier, Alameda, proposing a City ordinance assessing each chain drug store and grocery store with headquarters outside City limits five million dollars a year. Councilmember Camicia moved acceptance of the communication [without action]. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-610 Written Communication from Isabell Johnson, Alameda, requesting M-1 zoning for her property located at 2315 and 2317 Eagle Avenue. Councilman Arnerich moved acceptance of the staff recommendation [to advise Ms. Johnson that Council does not wish to reconsider the zoning of the two lots at 2315 and 2317 Eagle Avenue]. Vice Mayor Lucas seconded the motion, and stated Council tried to accommodate the property owners in that area; Mrs. Johnson's property is between residential properties and spot zoning would occur if the request were accommodated. President Withrow, following discussion on public notice requirements, stated he would hope, in the future, a matter is held off if the City is unable to contact a resident; suggested consideration of phone trees and interpreters to insure contacts. Councilmember Roth stated Ms. Johnson's property was addressed at the hearing [July 7, 1992]; and if a person writes a letter, it should not be necessary for the resident to be present to make August 18, 1992 wishes known. Councilman Arnerich agreed with President Withrow's statements; and noted he understands attempts were made to contact Ms. Johnson. Vice Mayor Lucas stated she checked with staff and prompted the mailing to Ms. Johnson. The Planning Director explained the difficulties involved in notifying Ms. Johnson without a listed telephone number, and with only a Post Office address provided. Council further discussed the necessity to quickly and efficiently notify the public. Councilmember Camicia suggested calendaring this matter and the next time Council addresses General Plan Amendment and rezoning, that this property [2315 & 2317 Eagle] be included, and perhaps Ms. Johnson will not need to go through the process, and pay $3000 [fees]. Councilmember Roth agreed. President Withrow inquired if Ms. Johnson attended Planning Board meeting. Isabell Johnson, Alameda, stated she attended Planning Board hearing and delivered a letter to Planning Department staff. Vice Mayor Lucas stated she believes Mrs. Johnson thought she did everything possible. Councilmember Camicia moved the alternate staff recommendation [direct Planning Director to consider the two lots 2315 and 2317 Eagle] in conjunction with the General Plan amendment for the six lots left commercially zoned along Oak Street]. Vice Mayor Lucas stated she does not want Ms. Johnson to assume Council will be able to spot rezone. President Withrow explained the zoning, by Council's policy, should be consistent, which would argue against Ms. Johnson's retaining M- 1 zoning; but Council is concerned about giving her an opportunity to express herself in a public hearing. Ms. Johnson stated she cannot understand why persons want to make the street residential; and if she wishes to sell, the building will not be worth as much [if zoned residential]. President Withrow stated he is concerned about public notices for hearings; persons involved should hear Planning Department and Planning Board rationale and interact. Councilman Arnerich withdrew his motion. August 18, 1992 Councilmember Camicia moved his alternate motion; and encouraged Ms. Johnson to give her unlisted telephone number to staff. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. President Withrow clarified that the Council voted to direct the Planning Director to consider the two lots [2315 and 2317 Eagle] in conjunction with the GPA for the six lots left commercially zoned but subject to a Planning Board hearing. 92-611 Written Communication from John Barni, Jr., Alameda, suggesting video camera installation at all Alameda exits to aid in deterring crime. Councilmember Camicia moved acceptance of the communication [without action]. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS 92-612 Shirley Cummins, Alameda, commented on the Navy Base Closure issue, news coverage of Democratic and Republican Conventions, and Republican Party Platform. NEW BUSINESS AND UNFINISHED BUSINESS 92-613 Consideration of Naming Park-Otis Senior Complex after Former Mayor Anne Diament. (Vice Mayor Lucas) Vice Mayor Lucas stated former Mayor Anne Diament has done outstanding service in the community; and Council, by consensus, referred the matter to the Housing Commission. 92-614 Consideration of Mayor's nominations for three reappointments to the Economic Development Commission. President Withrow nominated David J. Elefant, Wayne A. Milani, and Helen Sause for reappointment as Members of the Economic Development Commission, 92-615 Consideration of Appointing Councilmember Karin Lucas as a Voting Delegate at the League of California Cities Conference, October, 1992. (Mayor Withrow) Councilmember Roth moved to appoint Vice Mayor Lucas as a Voting Delegate at the League of California Cities Conference. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-616 Councilmember Roth stated he would like to have someone on Cable Television [Government Channel] explain and highlight issues before the City Council during the first half hour before Regular Council Meetings. August 18, 1992 Councilmember Camicia suggested the Alameda League of Women Voters. 92-617 Councilmember Lucas stated residents at Independence Plaza have trouble crossing Constitution Way and Webster Street; would like staff to look into the matter. ADJOURNMENT President Withrow adjourned the meeting at 10:03 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. August 18, 1992