1992-09-01 Regular CC MinutesMINUTES OF REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
SEPTEMBER 1. 1992
The meeting convened at 7:30 p.m., with President Withrow
presiding. Councilmember Camicia led the Pledge of Allegiance; and
Reverend Robert Keller gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas,
Roth, and President Withrow - 5.
Absent: None.
ANNOUNCpIENT OF CLOSED SESSION ACTION
Mayor Withrow announced that Council adjourned to Closed Session at
7:05 p.m. to consider:
92-618 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.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY,
92-619 Proclamation Declaring September 14 through 18, 1992, as
Rideshare Week.
Mayor Withrow read the Proclamation and declared September 14
through 18, 1992 as Rideshare Week, and encouraged ridesharing to
(among other reasons) reduce congestion and air pollution.
CONSENT CALENDAR
Mayor Withrow announced item *92-623, Resolution concerning
foreclosure of liens, was removed from the agenda. Councilmember
Roth moved approval of the remainder of the Consent Calendar.
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*92-620 Report from Assistant City Manager recommending award of
Contract to St. Francis Electric for Phase I, Underground
Construction for Clubhouse Memorial Road Entryway Project CS5-92-6.
Accepted.
*92-621 Report from Public Works Director recommending
contract for Operation and Maintenance of the Gas Control
the Doolittle Landfill to Environmental Resources, Inc.
June 30, 1993. Accepted.
*92-622 Report from Fire Chief transmitting Annual
Police/Fire New Construction Impact Fee. Accepted.
September 1, 1992
award of
System at
, through
Review of
*92-623 Resolution No. "Determining that the Public Interest
and Necessity Require Foreclosure of the Liens of Certain
Delinquent Unpaid Assessment Installments and Directing the Filing
of Foreclosure Actions in the Superior Court, Pursuant to Sections
8830 through 8835, Inclusive, of the Streets and Highways Code."
Not heard.
*92-624 Resolution No. 12310 "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.
*92-625 Resolution No. 12311 "Amending the Alameda City Employees
Association (A.C.E.A.) Salary Resolution by Establishing the Salary
for the New Additional Position in the Public Works Department."
Adopted.
*92-626 Resolution No. 12312 "Authorizing Execution of State-Local
Transportation Partnership Program Agreement, No. SLTPP-5014 and
Program Supplement No. 001 (Repair and Resurfacing of Certain
Streets, Phase 13)." Adopted.
*92-627 Resolution No. 12313 "Resolution Approving the Amended
Joint Powers Agreement for the Alameda County Waste Management
Authority." Adopted.
*92-628 Bills certified by the City Manager to be true and correct,
were ratified in the sum of $3,839,578.58. Ratified.
AGENDA
92-629 Resolution No. 12314, "Reappointing Helen M. Sause as a
Member of the Economic Development Commission." Adopted.
Councilmember Camicia moved adoption of the resolution.
Councilmember Lucas seconded the motion which was carried by
unanimous voice vote - 5.
The City Clerk administered the Oath of Office.
92-630 Resolution No. 12315 "Reappointing David J. Elefant as a
Member of the Economic Development Commission." Adopted.
Councilmember Camicia moved adoption of the resolution. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 5.
92-631 Resolution No. 12316 "Reappointing Wayne A. Milani as a
Member of the Economic Development Commission." Adopted.
Councilmember Camicia moved adoption of the resolution.
Councilmember Roth seconded the motion which was carried by
unanimous voice vote - 5.
September 1, 992
92-632 Public Hearing and Ordinance No. , N.S. "Amending the
Alameda Municipal Code by Amending Chapter VIII, (Transportation
Systems Management) [TSM] to Conform with Congestion Management
Plan (CMP) Requirements, and Repealing Subsections 8-29.7 (b4) and
8-29.7 (c2)." Introduced.
Councilman Arnerich moved introduction of the ordinance.
Councilmember Camicia seconded the motion.
Councilmember Roth discussed with Public Works Director the
provision of information to small businesses and notification of
their responsibility to distribute same.
Mayor Withrow noted there is no discussion by CMA to pursue TSM
with residential.
The motion was carried by unanimous voice vote - 5.
92-633 Hearing to consider the City of Alameda request for a
determination that a proposed Negative Declaration is adequate to
identify the environmental effects associated with the proposed
Bayview Shoreline Enhancement Plan, located in an "0" (Open Space)
District, and
Resolution No. . "Adopting Negative Declaration (IS-91-95) for
the Bayview Shoreline Enhancement Plan."[Continued to September 15,
1992.]
The Planning Director explained the background of the matter; from
staff report, read project description including moving pathway,
widening of path for wheelchair access, special gates to restrict
bicycle access, plantings, signage concerning restricted
activities, and designation as a bird sanctuary; noted public
hearings; and Council should address mandatory findings.
The Planning Director stated staff is continuing to work with BCDC
regarding fencing.
Councilman Arnerich stated BCDC's letter notes that, when the
environmental document is certified for the project the City then
can go ahead and obtain approval from Bay Conservation and
Development Commission (BCDC).
In response to Councilman Arnerich, the City Manager stated a full
Environmental Impact Report [EIR] would be approximately $50,000 to
perhaps more than $75,000 and would take about six to nine months.
President Withrow discussed. with Planning Director the purpose of
EIR and the more focused the scope of work, the less cost would be
associated with the preparation of an EIR.
Vice Mayor Lucas discussed the problem of providing gates that
could discourage bicycles while still permitting wheelchair access;
and the responsibility of providing maintenance in perpetuity for
September 1, 1992
the area.
Charles Millman, Chair, Citizens Rebelling Against Alameda
Politicians and Politics [CRAAPP], stated enforcement of hours has
not been addressed; the CRAAPP Group rejects City's [Enhancement]
Plan until City provides security gates, locked at night, unlocked
in the morning; noted City dredged, invaded tidal area; creosote
was used in 1989; Plan ignores request for replacement of native
food chain for little animals, birds, insects dependent upon plants
to sustain them; if Council accepts project, 90 days time referred
to in Planning Board Resolution 2314, page 3, should start to run
from day of Council's acceptance; Winter 1982/83 Storm which
destroyed much of the area was rebuilt by residents; he and his
neighbors reject the project on the issues of health, safety and
security; they want security, acknowledgment that damage is being
done to the environment, gates secured, rules enforced, and project
delayed until it is done properly; property values have decreased
due to City observation decks, and a greater threat given to
peaceful occupancy of area homes and those issues are greater than
anything proposed.
Albert Berding, Alameda, stated most items in current proposal are
adequate, however, gates and maintenance in perpetuity are
concerns; noted although signs will be used to restrict jet skis,
they will be worthless if there is no enforcement.
William Kane, President, Bayview Estates Homeowners' Association,
stated most items Homeowners talked about at meetings are addressed
in proposal; trying to restrict bicycles while allowing wheelchair
access is a problem; noted other problems; the area should be
permitted to remain wild; and Mr. Millman is knowledgeable about
the food chain.
Gary McAfee, Alameda, stated the Bayview Shoreline is the only
natural area in Alameda and possibly the only place California
Rails can live; a pathway, more people, and wheelchairs will
degrade the environment for the birds; BCDC has thousands of miles
of pristine areas to control while the Bayview area is only about
a thousand feet, and he does not know of any beach that requires
wheelchair access without proper lighting; if trails are changed
and the wheelchairs permitted, the environment will change, and the
area will be lost.
Councilmember Lucas agreed with Mr. McAfee; stated she would like
to keep area as it is, would like that addressed in a focused EIR;
stated an area without proper lighting produces vandalism and
crime; need to focus more on wildlife and on public safety.
Councilmember Roth stated he does not believe the Plan changes the
safety [of residents]; the area is landfill, nature is taking
advantage, and has adapted to the environment; and he will support
this [resolution].
Councilman Arnerich stated he can understand not permitting
September 1 i92
r
bicycles in the area, believes a workable solution can be reached
and he will support the [project] including proper lighting and
enforcement.
Councilmember Camicia stated he likes Councilmember Lucas's idea;
the bird sanctuary is a good idea; her [Lucas's] point is whether
the City will do more harm than good; perhaps there is a way,
without going through the process of a focused EIR, to acquire the
expertise needed to find if the sanctuary would be enhanced or
problems would be caused.
The Planning Director suggested perhaps the matter could be
continued for two weeks and the Enhancement Plan prepared by WESCO
[Western Ecological Services Company, Inc.], a firm which does
environmental impact reports, provided to Council for review.
Councilmember Lucas stated the idea is excellent; and inquired if
Leora Feeney, Audubon Society, consented to the Plan.
The Planning Director stated Ms. Feeney raised points to the
Planning Board which were resolved and are reflected in the
mitigations, and was generally supportive of the Plan.
Councilmember Lucas moved [to continue the matter for two weeks,
and the WESCO Plan be provided to Council for review]. Councilman
Arnerich 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.
92-634 Report from City Clerk and Acting City Attorney Establishing
Policy for City Council Ballot Measure Arguments.
Councilman Arnerich discussed Option No. 1; and the procedure used
when preparing Arguments recently for the November 1992 election.
The City Clerk explained under policy Option No. 1, returning the
Ballot Argument to Council at a public [Council Meeting] hearing
would be mandatory; concerning the arguments provided for the
November Ballot.
The City Attorney noted the reason for Option No. 2's requirement
for Council action at a Council Meeting for revisions is because if
a majority of Council takes action or discusses ballot language,
Council may run afoul of the Brown Act.
President Withrow stated he would feel more comfortable if the
matter comes before the public.
Councilmember Roth stated sometimes there is not enough time to
call a Special Meeting for a Rebuttal Argument; and questioned what
would occur if someone other than a Councilmember was designated by
Council.
The City Clerk clarified if Council chose not to designate a
September 1, 1992
Councilmember to write the Argument, Council could propose that a
staff member write it.
Councilmember Camicia stated he likes Option No. 2 because he
believes Council should write the Argument as staff should be kept
out of a political function; under Option No. 2, a Councilmember
can write the statements [Argument and Rebuttal], Council can sign
and a series of public hearings which would not work to the City's
advantage can be avoided.
Following Council discussion on the procedure, Councilmember Lucas
moved to accept the report and adopt Option No. 2 [which requires
public review when revisions are necessary]. Councilmember Camicia
seconded the motion which carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS. NON-AGENDA
92-635 Tom Fox, EBMUD, discussed lawsuits and proceedings, at both
the State and Federal levels, which threaten the District's water
rights and requested the City Council's support; City Manager
responded a letter of support has been signed by the Mayor; Vice
Mayor Lucas requested, with Council consensus, a resolution to
strengthen City's support.
NEW BUSINESS AND UNFINISHED BUSINESS
92-636 Consideration of nomination of appointment to Historical
Advisory Board. Held over.
92-637 Consideration of nomination of appointment to Social
Service Human Relations Board. Held over.
92-638 Councilmember Camicia stated he has received a complaint
about leaf blowers; knows the Planning Board, at one time,
addressed the issue; would like to look at a previous report which
went before Council and determine whether Council wants to take any
action.
92-639 Councilmember Camicia reported a storm drain located at 3rd
Street and Taylor Avenue is clogged.
92-640 Vice Mayor Lucas requested the Police Chief to report on the
activities taking place in Mel's Bowling Alley parking lot.
92-641 Councilman Arnerich requested the Mayor to adjourn the
Meeting in memory of Morris Denego, former Fire Captain who retired
in 1969.
September 1, 1992
ADJOURNMENT
92-642 President Withrow adjourned the meeting at 9:00 p.m., in
memory of former Fire Captain Morris Denego.
Respectfully submitt
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
September 1, 1992