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1991-06-04 Regular CC Minutes153 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA JUNE 4, 1991 The meeting convened at 7:43 p.m. (following the Community Improvement Commission Meeting) with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Roth. Reverend Doug Henderson gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth, and President Withrow - 5. Absent: None. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION(S) President Withrow announced that prior to the meeting, Council adjourned to Closed Session and took the following action: 91-363 Taylor, N. v. City of Alameda, pursuant to Subsection (a) of the legal counsel section of the Brown Act: the session was for information only, no action was taken. 91-364 Murphy v. City of Alameda, pursuant to Subsection (a) of the legal counsel section of the Brown Act: the session was for information only, no action was taken. CONSENT CALENDAR At the request of Councilmember Lucas, 91-376 Investment Report, and at the request of John Scott Graham, Alameda, 91-380, resolution authorizing Grant Application to Department of Forestry, were removed from the Consent Calendar to the regular agenda. Councilmember Camicia moved adoption of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS *91-365 From Community Development Director recommending authorization of modification of Fiscal Year 1989-90 Grant Agreement with Alameda Boys Club for West End Teen Program. Accepted. RESOLUTIONS *91-366 Resolution No. 12108. "Authorizing Cooperative Agreement for Advertisement, Award and ConstruCtion Contract Administration between the City of Alameda and California Department of Transportation for the Doolittle Drive Widening Project." Adopted. FINAL PASSAGE OF ORDINANCES *91-367 Ordinance No. 2556. N.S. "Amending the Alameda Municipal Code by Amending Section 2-116 (Order of Business) Relating to Order of Business of City Council Meetings." Adopted. June 4, 1991 54 BILLS *91-368 Bills, certified by the City Manager to be correct, were ratified in the amount of $1,919,347.71. MINUTES Councilmember Camicia moved approval of the Minutes of the Regular Council Meeting of May 21, 1991. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. WRITTEN COMMUNICATIONS 91-369 From Diane Coler-Dark, Alameda, concerning administration of garbage discount programs. Don Roberts, Alameda, stated he does not believe the City needs to subsidize Waste Management, Inc. (WMI) by providing administrative services for the senior citizen discount program; and WMI should follow Pacific Telephone's lead which only requires a statement under penalty of perjury that the person qualifies for a particular discounted program. Councilman Arnerich stated perhaps the matter could be looked at to see if the procedure is working; if citizens would not need to go to Mastick Senior Center (to show evidence of qualification), the (suggested procedure) could be looked at. President Withrow stated that is a good point. Councilmember Lucas inquired if Council would want to treat the low-income garbage discount program similarly. Councilman Arnerich commented affirmatively and inquired if the City Manager's Office could check into the matter and report back. President Withrow agreed with the comment. Councilmember Lucas stated staff time would be saved. Councilmember Camicia moved the communication, incorporating the suggestions. Councilman Arnerich seconded the motion. President Withrow stated, hearing no objections, the motion carries unanimously. 91-370 From Marie T. Rossillon, Alameda, suggesting that a small public park, in a new development, be named after General Colin L. Powell. Clarice Minot, Alameda, stated few Californians have been awarded the Congressional Medal of Honor; Harold Gonsalves of Alameda was awarded the Medal posthumously in 1945 shortly after his 19th birthday; he sacrificed his life for fellow marines and his country, June 4, 1991 while aiding a forward observation team, by diving on a grenade that landed within a Marine group; and naming the new park after Harold Gonsalves would be appropriate. Daniel McPeak, Alameda, stated he admires General Powell; however, in 1989 he wrote to the (then) Council regarding Charles Harold Gonsalves, was invited, and spoke, before the Historical Advisory Board under the heading, "addition of name to possible street names," the name was added to a list; General Powell has received many national honors and the City can honor him, but first should honor Private First Class Gonsalves who gave his life 45 years ago. Charles Tillman, Alameda, stated he had agreed with the suggestion regarding General Powell, but after the comments regarding Gonsalves, his suggestion is to name the location of the flagpole on Bay Farm Island where Memorial Day Services are held, Gonsalves Square; and something in the future can be done for General Powell. Councilmember Camicia stated Ms. Minot and Mr. McPeak have a good idea and he would like to see if that can be expedited. President Withrow agreed, stating he also likes Mr. Tillman's suggesion of location. The City Attorney stated the item is just agendized as a written communication to honor General Powell. President Withrow noted Council can request the City Manager return at the next meeting with the content of what appears to be the consensus of Council. The City Attorney agreed. Councilman Arnerich stated a young Japanese Alamedan had also, at one time, been considered by Council for the list; and proposed names be sent to the Recreation and Parks Commission and Historical Advisory Board for consideration. Councilmember Lucas commented using a national hero's name for the particular site is a good idea as veterans' services are held at the site which is adjacent to Doolittle Drive; perhaps Council could request the Historical Advisory Board, and Recreation and Parks Department, to select a name of a person who gave his life for this country. Councilman Arnerich clarified he has no intention of adding General Powell, a national figure who will have many honors bestowed upon him throughout the country, to the list; Council owes the people of Alameda, the Gonsalveses, the Japanese, and others who have given their lives for the country, to add those names to the list. Council, by consensus, requested the City Manager to report back on the issue in a form which will allow Council to take action. Councilmember Camicia moved acceptance of the communication. Councilmember Lucas seconded the motion. President Withrow, hearing June 4, 1991 no objections, stated the motion carries unanimously. HEARINGS 91-371 Consideration of Zoning Amendment 90-2 to amend Chapter I, Title XI, Section 11-14A7(j) of the Alameda Municipal Code relating to fences. Applicant: City of Alameda. Councilmember Roth expressed favor toward allowing chain link fences in residential areas; inquired what is a key lot; and how enforcement is done. The Planning Director reviewed the subject matter, noting the proposed change in the ordinance would reduce, rather than impose, restrictions; explained key lots; and stated the key lot concept, and most concepts, are already in the ordinance but have been reorganized. President Withrow inquired why a chain link fence could not be subject to review before being put in; and people could come to the City for a permit specifically for a chain link fence. The Planning Director replied it could be done, however, without the requirement that a permit be secured for any sort of fence, he believes there would still be the same potential problem that people would not know [that they needed permits for chain link fences]. Councilmember Roth stated he does not want people required to obtain a permit; residents cannot have chain link fences if the fence faces public areas, but public areas can have chain link fences even if they face the private areas and he does not believe that is fair; and noted barbed wire is sometimes used. The City Manager discussed the wire used at Franklin Park and some other areas to protect the area for liability reasons. Councilman Arnerich read portions of land use regulations noting use of chain link fencing for institutional usage is not restricted; and further discussed the safety factors involved. Councilmember Roth said he would like the same privilege for residents. The Planning Director noted in the proposed ordinances, the same standards apply to the City as the residents. Councilmember Roth stated he would vote for the proposed ordinance because it relaxes some restrictions placed by the [former] Council; but he will bring the matter up again because he believes more work should be done on it. Councilmember Lucas moved to take the related ordinance out of order. Councilmember Camicia seconded the, motion. The motion carried by consensus of Council. 91-372 Ordinance No. , N.S., "Amending Subsections 11-134(h), June 4, 1991 11-138(h), 11-1312(i) 11-14A7(j), Chapter I relating to fences." 157 11-1316(i), 11-1324(i), 11-1328(h), Title XI of the Alameda Municipal Code Councilmember Camicia moved introduction. Councilman seconded the motion which carried by unanimous voice vote - 91-373 Consideration of Levying and Collecting Assessments the Alameda Parking and Business Improvement Area (BIA) for Year 1991-92. Arnerich 5. within Fiscal Councilmember Lucas stated she would step down from the dais (to abstain on the matter). Al Wright, Alameda, President, Park Street Business Association (PSBA), stated PSBA urges Council to pass the related resolution; and listed advantages realized by Park Street businesses because of the BIA. Councilman Arnerich complimented merchants on the new signs, under Park Street store awnings, identifying the stores. Councilmember Roth inquired if he has a conflict in the matter to which the City Attorney replied, if Councilmember Roth is subject to the assessment, then he should have a conflict of interest. Councilmember Roth stepped down from the dais. The City Attorney stated she has discussed the subject under discussion with Councilmember Lucas, and Councilmember Lucas does not have a conflict of interest. Councilmember Lucas returned to the dais. Kimberly Byrne, Association (WABA) year; and noted the BIA, and that Alameda, President, West Alameda Business , encouraged Council to support the BIA again this the accomplishments for Webster Street because of new businesses have been recruited. To Councilman Arnerich's inquiry regarding the opening of the Farmers' Market, and Ms. Byrne stated the Market's first day of the season [6-4-91] was very successful. Councilmember Camicia moved to take the related resolution out of order. Councilman Arnerich seconded the motion. President Withrow called for objections and, hearing none, stated the motion carries. 91-374 Resolution No. 12109 "Confirming the Business Improvement Area Report for Fiscal Year 1991-92 and Levying an Annual Assessment on the Alameda Business Improvement area of the City of Alameda for Fiscal Year 1991-92." Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Lucas and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilmember Roth - 1. June 4, 1991 .1, REPORTS AND RECOMMENDATIONS 91-375 From City Manager recommending strategies on proposed Oakland Airport Expansion. Jon Rodgers, Alameda, Board of Directors, Coalition for Responsible Airport Management Policy, stated he does not question the right to monitor proceedings, but objects to cost of hiring consultants; a Committee can do an excellent job, but the proposed Committee is biased as no one in aviation is included; he has previously suggested a steering committee composed of Alameda aviators and airport users; no accounting on money spent in the past, nor results of previous monitoring has been given; considering the budget situation, discussion of past performances is worthwhile; and he favors the airport. Councilman Arnerich stated representation from the public sector has been requested. Mr. Rodgers stated the consistency of the Committee would not provide a balanced view; he has proposed a committee of pilots who are users of both the North and South Fields; he questions spending a lot of money for a consultant. Ron Basarich, Alameda, stated citizens see studies and requests for money but do not see findings, conclusions of fact, results or successes of the November 7th Council Meeting where strategies were adopted; believes idea of proposed Committee, if expanded, probably could help resolve issues; he proposed the Committee be elevated to Commission status to hold hearings, work on other items, e.g., 66th Street overpass and future problems, and be on-going; and Council's consideration, and appointments of people more objective toward resolving issues, would be worthwhile. Councilmember Camicia stated he believes within the next year, efforts regarding airport expansion will determine the next twenty or thirty years, and response to proposed expansion is the most significant issue Council faces; the Port has decided to bifurcate their EIR and EIS on the terminal and runway expansion; to respond adequately to protect the City will take someone working full time, reviewing documents and forming the City's response; he is concerned about escalation of expense over the next year but hopeful that at some point, an agreement with the airport can be reached and problems resolved; and Council must be sure the City is prepared as much as possible to fight to protect the community. Councilmember Lucas stated she supports Councilmember Camicia's statement, also likes the idea of including someone with practical airport experience at the airport, with a pilot's license who uses the airport, and inquired if that would fit in with the City Manager's plans for the Committee. The City Manager stated he believes that would be helpful. June 4, 1991 iJJ Councilman Arnerich inquired if the $50,000 cost is expected to be cost-shared with Homeowners Associations and other groups. The City Manager responded sharing has been discussed with the Homeowners who are in process of paying for a legal consultant and have abilities and concerns a little different from the City's, and may want to take a different approach; if they contribute to the $50,000, they may want to say specifically the way the City should go; allowing Homeowners to continue on their own path with their attorney and consultant, and the City on its own path, both working toward the same end, may be better. Councilman Arnerich inquired, if they take their own path, is there a need to include Homeowners' Associations representation on the committee. The City Manager stated the same Homeowners' Associations would not need to be included, others could be included. Councilman Arnerich inquired where the $50,000 would come from, and the City Manager responded the $50,000 would come from the General Fund budget; he has included the amount in next year's budget estimate; and the request is to authorize the formulation of the Committee but not appropriate any money. Councilman Arnerich stated he is not too comfortable at this time with the composition of the Committee, especially the three Homeowners' Associations; if Council includes three, he would want them named; he would not want approval, with subsequent inclusion of three from Harbor Bay; Fernside and Bay View Estates are deserving of equal time. President Withrow stated the issue is not a Bay Farm Island issue but a City of Alameda issue and the whole City needs representation; for point of clarification of the recommendation, he inquired if there is an assumption there will be nominations or applications to the Mayor for the Mayor's nomination to Council for its approval. The City Manager stated that would be a standard process though it could be handled differently. President Withrow addressed the matter of a committee of pilots raised by Mr. Rodgers; he is not sure anything would be gained by integrating them into the process; if a committee of four to seven pilots (was formed) that could address issues the Airport Operations Committee is looking at, could meet periodically with a separate focus, reports coming from the group and from the pilots to the Council, then Council could view both sides. Councilmember Camicia suggested a committee of pilots to discuss the issues at hand and return to their peers to make Councils' wishes known. Councilmember Roth stated he does not have a problem with a committee of pilots, but he believes a representative should sit on the Airport Operations Committee just for communication purposes. June 4, 1991 President Withrow stated he has no problem with that; noted some of the pilots may be working with the airport and City strategy may be given out. Council further discussed makeup of the Committee, concerns of pilots, and concerns of the City. Councilmember Lucas stated she believes the Committee would be advisory to City Council, ultimate decisions on litigation would be made by the City Council, and advice from a Commission that has some balance after communications between different factions, would be helpful; public meetings would be held; strategy meetings would be held on Council level and Council would have the advice of counsel; she would like the Committee widespread with different opinions; and there could be a general pilots committee. Councilman Arnerich addressed the importance of the matter with its ramifications to the City, and moved acceptance of the recommendation with the suggestions of Council and input of the speakers. Councilmember Lucas seconded the motion. Councilmember Camicia requested clarification of the motion, noting he would like to see a pilot on the Committee. President Withrow clarified the motion is for the recommendation from staff and that the Airport Operations Committee include a pilot. The motion was carried by unanimous voice vote - 5. Councilmember Roth stated last year the Council approved $100,000 for the airport study and inquired how much was spent, and if the $50,000 would be in addition to that. The City Manager stated approximately $1o,000-$12,000 plus the cost of the monitoring consultant was expended, and the $50,000 would be in addition to the amount left over from the $100,000. 91-376 From Finance Director transmitting Investment period ending April 30, 1991. Vice Mayor Lucas expressed concern regarding recent discrimination against the Mitsubishi and Sumitomo Council concurred with Finance Director's suggestion feasiblity of liquidating investments. Report for charges of Banks, and to explore The City Manager noted the City Treasurer, custodian of funds, should be involved in the process, and types of investments Council may wish to consider could be addressed in the annual Investment Policy Guidelines. Councilman Arnerich commented Great Western Savings should be changed to read Great Western Bank on Page 2 of the Report; that maturity dates reflected for John Hancock Capital Corporation should also be checked. June 4, 1991 161 Councilmember Lucas moved acceptance of the report. Councilmember Roth seconded the motion. President Withrow announced, hearing no objections, the motion carries unanimously. RESOLUTIONS 91-377 Resolution No. 12110 "Adopting Findings in Response to Written Objections on Adoption of the Community Improvement Plan for the business and Waterfront Improvement Project." Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Roth and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilmember Lucas - 1. 91-378 Resolution No. 12111 "Certifying the Completion of and Making Findings as to the Final Environmental Impact Report on the Community Improvement Plan for the Business and Waterfront Improvement Project and Approving and Adopting a Mitigation Monitoring Program." (Held over from May 21, 1991, Council Meeting) Councilmember Roth moved adoption. Councilmember Camicia seconded the motion. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Roth and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilmember Lucas - 1. 91-379 Resolution No. 12112 "Providing for the Borrowing of Funds for Fiscal Year 1991-92 and the Issuance and Sale of 1991 Tax and Revenue Anticipation Notes Therefor." Councilmember Camicia moved adoption. Councilmember Roth seconded the motion, which carried by unanimous voice vote - 5. 91-380 Resolution No. 12113 "Authorizing a Grant Application to the Department of Forestry for Street Trees." John Scott Graham, Alameda, expressed concern regarding the roots of trees raising sidewalks. Councilman Arnerich inquired if the (Grant Application) is a part of the 10-year plan. The City Manager replied a Master Plan identified about 5,000 trees that needed replacement and a program of about 500 trees per year, subject to available funds; the Grant would enable the City to fund the trees; also, some damage resulted from the freeze in December. The Public Works Director noted claims to Federal Emergency Management Agency (FEMA), because of the freeze, may help. In response to Councilman Arnerich's question regarding low-maintenance trees, the Public Works Director replied the City has a complete plan listing various types of trees and other June 4, 1991 t' factors; and staff is attempting to obtain the highest quality of trees. Councilmember Roth inquired if fiberglass root barriers are being used on all trees to keep the roots from surfacing, and the Public Works Director replied affirmatively. Councilmember Lucas moved approval of the resolution. Councilmember Roth seconded the motion. President Withrow called for any objections, and stated that, hearing none, the motion carries unanimously. 91-381 Ordinance No. N.S. "Approving and Adopting the Community Improvement Plan for the Business and Waterfront Improvement Project." (Held over from May 21, 1991, Council Meeting) Councilman Arnerich moved introduction. Councilmember Roth seconded the motion. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Roth and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilmember Lucas - 1. FINAL PASSAGE OF ORDINANCES 91-382 Ordinance No. 2557, N.S. "Amending the Alameda Municipal Code by Amending Subsection 9 (c) of Section 2-117 (Rules of Order) Relating to Time Limits for Public Discussion." Councilmember Roth moved adoption. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow - 4. Noes: Councilman Arnerich - 1. Absent: None. 91-383 Ordinance No. 2558, N.S. "Authorizing an Amendment to the Contract Between the City Council of the City of Alameda and the Board of Administration of the California Public Employees, Retirement System." Councilman Arnerich stated he would abstain as he is a member of the retirement system. Councilmember Camicia moved adoption. Councilmember Lucas seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilman Arnerich - 1. NEW BUSINESS 91-384 Councilman Arnerich stated there are a number of lots in the City which require attention, e.g., weed and litter abatement; suggested City send letters to property owners requesting properties be cleaned up. President Withrow inquired if laws are in plape to take City action, if property owners will not conform, and charge property owners; and the City Manager replied affirmatively. June A, 1991 163 91-385 Vice Mayor Lucas requested that the next agenda include a resolution nominating the United Pilipinos of Alameda, because it has done outstanding community work, for a San Francisco Foundation Award [17th Annual John R. May Award]. 91-386 Vice Mayor Lucas stated older established businesses may be leaving Alameda, e.g., Smith Rice; an inventory of existing businesses should be created; Council contact and assist firms whenever possible; a City Hall telephone number, to reach Councilmembers, be provided; and requested that the matter be agendized for June lath Council Meeting. 91-387 Councilmember Roth expressed concern regarding the amount of paperwork Council receives, and requested the subject be agendized in the near future. 91-388 Councilmember Camicia requested a letter be sent to the City of Oakland regarding the need for weed abatement at Kennedy Street near the 1-880 23rd Avenue exit. 91-389 Councilmember Camicia requested the next agenda include a position on where the City belongs in terms of State Assembly reapportionment; and suggested a few Councilmembers give presentations at the June 27th hearing in San Jose. 91-390 Councilman Arnerich complimented Recreation and Parks Department for the outstanding job on the Lincoln Park Recreation Center. ADJOURNMENT President Withrow adjourned the meeting at 9:12 p.m. Respectfully submitted, ad 4- DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. June 4, 1991