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1990-04-03 Regular CC Minutes103 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF- ALAMEDA APRIL 3, 1990 The meeting convened at 7:40 p.m. (following the Housing Authority Board of Commissioners Meeting) with President Corica presiding. Councilmember Withrow led the Pledge of Allegiance. Reverend Doug Henderson gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, .Thomas, Withrow, and President Corica - 5. Absent: None. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION(S), if any. 90 -222 President Corica announced that Council adjourned to Closed Session before the Regular Meeting to consider the case of Colvin v. City of Alameda pursuant to subsection (a) of the legal counsel section of the Brown Act, and no action was taken. CONSENT CALENDAR At the request of Councilmember Thomas, Agenda Items No. 1 -F (90 -233), resolution of appreciation to City Volunteers, and No. 1 -K (90 -244) Bills, were removed from the Consent Calendar to the regular Agenda. Councilmember Camicia 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. REPORTS AND RECOMMENDATIONS *90 -223 From Public Works Director recommending an 18 -month extension of time in which to complete the improvements for Tract 5603 (Otis Drive and Willow Street). Accepted. *90 -224 From Acting Planning Director regarding funding application to the California Energy Commission for the preparation of a new Energy Element. Accepted. *90 -225 From Community Development Director regarding Alameda County Economic Development Program. Accepted. *90 -226 From Executive Director, Housing Authority, concerning Amendment to Public Housing Security Memorandum of Understanding. Accepted. *90 -227 From Executive Director, Housing Authority, concerning Waiver of Payment in Lieu of Taxes (PILOT) for Fiscal Year 1990 -1991. Accepted. April 3, 1990 RESOLUTIONS *90-228 Resolution No. 11943 "Ordering the Vacation- of certain right-of-way within Lot 2, Parcel Map No. 4949. (Alameda Marina Village at Atlantic Avenue.)" Adopted. *90-229 Resolution No. 11944 "Appointing an Engineer and an Attorney for Island City Landscaping and Lighting Assessment District 84-2." Adopted. *90-230 Resolution No. 11945 "Authorizing the submittal of a loan application, the execution of a Standard Agreement and any amendments thereto, and any related documents necessary to participate in the California Natural Disaster Assistance Program and secure a commitment of funds from the California Department of Housing and Community Development." Adopted. *90-231 Resolution No. 11946 "Authorizing open market purchase of an optical archive scanning system." Adopted. MINUTES Councilman Arnerich moved approval of the minutes of the Regular Council Meeting of March 20, 1990, and Special Council Meeting of March 20, 1990. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 90-232 Proclamation declaring April, 1990, as Fair Housing Month. President Corica read the proclamation and presented same to Archie Webber, Executive Director, and Melissa Michaels, Assistant Director, of Sentinel Landlord/Tenant Assistance Project. Councilmember Thomas moved Agenda Item No. 1-F (90-233) be taken out of order. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 90-233 Resolution No. 11947 "Resolution of appreciation to Volunteers for the City of Alameda." Adopted. At Councilmember Thomas's request, the Personnel Director described the Volunteer Program and expressed the value of, and the work performed by, volunteers on behalf of the City. Councilmember Thomas moved adoption of the resolution. Councilmember Camicia seconded the motion which was carried by unanimous voice vote vote - 5. WRITTEN COMMUNICATIONS 90-234 From John Barni, Jr., 875 Island Drive, suggesting the establishment of a qualifications list and general exam for future April 3, 1990 107 Planning Board applicants. John Barni, Sr., 1380 East Shore Drive, stated he believes the Planning Board rules should be revised to allow a simple majority to pass an item, because if only three or four board members are present, matters must often be held over. President Corica commented he has a problem with the proposal to have a list of qualifications and general examination of all applicants as it would be more like hiring staff than persons who represent the people; the City has very good boards and commissions, members are volunteers who attend as often as possible; a test is not necessary to find how dedicated a person will be; and a primary qualification is a desire to serve. Councilmember Withrow agreed with President Corica regarding attendance and testing; stated he believes there should be some expertise; it would seem appropriate to require the Planning Board to have one architect and one landscape architect; and believes the thrust of Mr. Barni's letter is important. Councilmember Withrow proposed Council advertise for Planning Board applicants; applicants should go through a public hearing before Council, make a statement on their experience, expertise, interests, aptitude, and why they want to be on the Planning Board, and then make themselves available to questions by Council; and so moved. The motion failed for lack of a second. President Corica stated many applicants will not want to appear at a public hearing before Council for consideration of appointment to the Board. Councilman Arnerich stated there should be some persons with expertise on the Planning Board; several City boards and commissions have such requirements; perhaps there should be one architect and one landscape architect on the Board, and Board members can attend seminars and training courses. President Corica stated it would be necessary to amend the ordinance which addresses the Planning Board [to require specific backgrounds]. Councilman Arnerich moved staff pursue changes in the ordinance to require an architect and a landscape architect on the Planning Board. Councilmember Withrow seconded the motion. Councilmember Thomas stated she does not see the need for a precise requirement that there be either an architect or a landscape architect but agrees that there should be someone with subject matter expertise, e.g., a Transportation Planner; she does not want the City to be in the position of not being able -to find a landscape architect to serve on the Board, and does not believe a hearing is necessary. Councilmember Camicia stated he believes the best part of participating in local government is that anyone can do it; April 3, 1990 108 reserving openings for persons with specific expertise limits people who really want to serve; Council should choose the best person regardless of whether the person's background is in architecture or not. The vote on the motion failed by the following voice vote: Ayes: Councilmembers Arnerich and Withrow - 2. Noes: Councilmembers Camicia, Thomas, and President Corica - 3. Absent: None. Councilmember Thomas moved acceptance of the communication. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Thomas and President Corica - 4. Noes: Councilmember Withrow - 1. Absent: None. Councilmember Thomas moved Agenda Item No. 5 (90-235) report concerning the Gang Task Force, be taken out of order. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 90-235 From City Manager submitting status report concerning the activities of the Gang Task Force. (Continued from the March 20, 1990 Council Meeting) Regina Tillman, 435 Buena Vista, No. 115, stated the youth of Alameda are not as bad as in other cities and rather than label them as problems, provide programs, giving them something to do during the summer. President Corica stated Council is proud of its youth; they are part of the family. Modessa Henderson, 465 Buena Vista, # 105, stated that Recreation and Parks Department indicated the activity was to be for all youth, she now reads it is to deter gang activities, and she believes if activity is to be provided, it should be because it is needed, not to label youth as being in need because of gang activity. Linda Green, 1871 Chapin Street, Buena Vista Community Association, stated most trouble attributed to gang action is not coming from Alameda children; persons present are concerned their children are being labeled, and requested Council give youth positive things to do without labeling. President Corica stated Council is not labeling the youth, perhaps newspapers have contained statements, and Council is aware that persons are coming into Alameda and causing disruption. Larry Smith, an Alameda youth, stated young people are the resources of the community, and need activities, e.g., studios with video cams, weight lifting, etc. Clayton Guyton, 457 Buena Vista, No. 302, stated perhaps it April 3, 1990 109 [labeling of youths] is due to the newspaper because there is an effort to provide activity for West End youth; parents are concerned their children should not be labeled in any way, and parents want the City to know there are a lot of good young people in the community. Darlissha Tillman, Buena Vista Community Association, 435 Buena Vista, #115, stated she is a seventh grader, that the young people need places to go, e.g., a recreation center in the summer, places to study in the evening. Arline Moten, 1868 Chapin Street, stated the speakers are -serious about the youth; activities would be good for the youth; and a positive image for the children needs to be provided. Ashley Moten, 1868 Chapin Street, stated if Council can open places for young people to go, it will make a difference. President Corica expressed appreciation for the speakers' input; commented Council should stress providing a boys' club, girls° club or a center where youth can be off the streets, and he would like staff to look into that possibility. The City Manager responded that the intent of the report is to provide pro-active methods and provide participatory activities for youth throughout the City. Councilman Arnerich stated if parks and playgrounds are closed, more police are hired, more jails are built, etc., because there are more problems; and the whole Council is committed to the concept [of providing activities for youth]. Councilmember Camicia stated if anyone is offended by the name of the task force, it is certainly not the intention and perhaps there can be a more appropriate title for the future; and moved acceptance of the report. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-236 From Charles Millman, 2916 Bayview Drive, concerning five-percent preferential on City contract bidding for City of Alameda licensed contractor. Mr. Millman stated other cities have a preferential price; an Alameda contractor in a recent bidding lost by about 1%; and he believes it is time the City showed it is behind local businesses. Pete Fox, Fox Developers, Inc., 1913A Broadway, stated he has lost jobs on both sides of the Bay; two bids in Alameda, was second bidder and lost through the five-percent, and lost jobs in San Francisco, through the five-percent preferential. President Corica stated bids awarded are generally the "lowest and the best" bids; the "best" being determined by staff. Councilmember Thomas stated she believes when the issue was brought up several years ago, there was quantification of preference; April 3, 1990 11 0 there are also findings to be made if the City doesn't go with a local contractor; staff should review the matter, and if the administrative instruction is not comparable to what -other cities are giving in terms of preferences, return to Council with a new one. Councilman Arnerich commented on the distinction between Charter Sections 3-16 and 3-17 and noted to make changes, a Charter amendment by the vote of the people would be required [for Section 3-17]. President Corica stated all of Council would like the contracts bid by Alamedans to go to Alamedans, but it is the responsibility of staff to be sure the City has the best person to do the job. Councilmember Thomas stated Section 3-17 of the Charter states that preference can be given to contractors; if Council cannot give preference within the context of the Charter, the Charter should be changed. President Corica concurred with Councilmember Thomas. The City Manager clarified a 5% differential applies to Materials and Supplies only, not to a contract for public work; Section 3-17 gives preference if the quality and price of the work [public works contract] are equal; it appears the Charter would need to be changed to authorize staff to award to someone for less on a public works contract. The City Attorney stated Council may direct staff to amend the Alameda Municipal Code to provide five-percent to local residents whether or not the bids for Materials and Supplies are equal. Councilmember Camicia moved to amend [interpretation of] Section 3-16 for the supplies and materials [by amending the Alameda Municipal Code] and to proceed to place Section 3-17 on the ballot. Councilmember Withrow seconded the motion. Councilmember Thomas stated she believes there should be a staff report as to whether or not other cities give a five-percent discount or credit, and how-the cities handle that. Councilmember Camicia stated he would incorporate that into his motion. The motion was carried by unanimous voice vote - 5. HEARINGS 90-237 Consideration of Zoning Text Amendment, ZA-89-2, and a Proposed Negative Declaration to add a Floor Area Ratio with a Design Review component and associated definitions to the residential zoning district bulk entitlement sections of_the Zoning Ordinance, and to the maximum height allowed within the R-5 and R-6 Zoning Districts. Applicant: City of Alameda. (Continued from the February 6, 1990 Council Meeting) President Corica explained the procedure of the hearing. April 3, 1990 111 The Acting Planning Director reviewed the background of the matter. The public portion of the hearing was opened. Christopher Hanson, Alameda, stated if Council wishes to consider the Amendment before them, people in the R-5 and R-6 Districts should be notified of the City's intention. Denise Rosko, 2701 Central Avenue, strongly endorses the idea of design review, does not agree with proposed floor area ratio of the ordinance; suggested perhaps an advisory committee could be appointed to assist in updating design review guideline. Christopher Buckley, 1017 San Antonio Avenue, urged Council vote for design review alternative; and stated the proposed height limit for the R-6 zone is reasonable but perhaps 40 ft height should be considered. Linda Pritchard, 3263 San Jose Avenue, Planning Board Member, stated unless the City wants to be committed to design review, Alternative No. 3 with both the floor area ratio and the design review is probably the way to proceed. Gerhard Degemann, 19 Sandpiper Place, favors a design review board which he believes is important in Alameda, and a general contractor is needed to provide balance. Don Patterson, 2424 Central Avenue, Alameda Board of Realtors, requested Council to accept public input but defer a decision to the next hearing; the Board feels strongly about the issues' impacts and would like more input from the residents. Madelyn K. Murphy, 2618 Janis Circle, stated the bulk floor area ratio should be discarded, and the R-1 districts should be added to the design review process. President Corica noted he led the fight to abolish design review [Board]; a large number of property owners were disappointed with what they were told to do with their homes; he has no problem with a staff person reviewing a-design; does not believe he will be in favor of hiring more staff; need to handle matter so that a Yorkshire-type problem does not occur again. Councilman Arnerich stated he agrees with Mayor Corica regarding design review; what is appreciated by one may not be by another; he was disturbed with Design Review Board years ago telling persons what to paint and what shrubs to plant; and suggested further study, as there seems to still be confusion about the matter. The City Manager noted Council could do as Mr. Patterson requested and hold the matter over to the next meeting to give Mr. Patterson an opportunity to advertise in the paper; another option would be to refer the matter back to staff if Council wishes to see some additional changes or information, close this hearing, and reschedule for another hearing. April 3, 1990 112 Councilmember Camicia [moved] suggested Council close the hearing [public portion], allow citizens to submit written comments and request staff return to Council with further information about how, with existing staff, the design review function can be performed; agreed with President Corica that adding another layer of government is not a good idea. Councilmember Withrow seconded the motion. President Corica closed the public portion of the Hearing. The motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 90 -238 From Finance Director transmitting the 1988 -89 Audited Financial Statement and Management Letter, and 1988 -89 Program Performance Review. Charles Tillman, 2415 Roosevelt Drive, compared the length of the present Audit to previous, briefer, Audits; emphasized Council should be consulted when audit extensions are required, and authorize same; noted the former Finance Director recommended strict enforcement of the penalty clause for the remainder of the Touche Ross contract. Kevin Harper, City Auditor, commented when the audit firm he worked for merged with City's audit firm, he immediately removed himself from participation in the supervision of the audit; however he believes the audit is the most thorough, and the best, audit the City has had; past audits have met minimum requirements, but the present one has added significant information, for use by citizens, bondholders and underwriters, and is a step toward obtaining the best bond ratings possible for the City. Councilmember Camicia requested the City Auditor to comment on the best and worse things the document reveals. Mr. Harper stated the most crucial number (page 4) is the increase in the fund balance of the General Fund for the year ending June 30, 1989; and one area to note is the special revenue fund on page 4: there is a decline in the fund balance of almost $14,000,000, which is not by itself a specific danger sign but everyone should understand what is being spent and whether or not there are sufficient funds to meet the programs budgeted in that fund. President Corica commented the $7500 still owed to the audit firm should be held until the matter of late penalties is resolved. The Finance Director stated an audit firm partner has .offered to meet with Councilmembers to discuss any aspects of the audit report. The City Manager suggested perhaps it might be better to get input from the auditing firm to further explain information, before a April 3, 1990 decision is made concerning the liquidated damages. Councilmember Camicia suggested accepting the audit and the letter and request the Mayor meet with the audit firm and work out a settlement. Councilmember Camicia suggested Deloitte Touche perhaps could pursue the law firm for not providing legal representation on a timely basis; someone, preferably not the City, should have legal recourse against them. The City Manager suggested if he [the City Manager] or President Corica could talk to the audit firm, information could then be relayed back to the Council on the issues raised, provide some additional information on all issues discussed on contributing factors and what might be the best way to handle the matter. Councilmember Thomas requested information on exact dates of audit submissions, e.g., Bureau of Electricity, Housing Authority, etc.; on what firm, under what contract, and under who's authorization, the law firm was required to produce a legal representation letter; on withholdings, such as FICA, if legal counsel is a contract employee. Councilmember Thomas stated she will abstain from the vote until she receives the report. Councilmember Camicia moved to accept recommendation No. 1, which accepts the audited financial statement and the management letter, and No. 2, that the Mayor and the City Manager work with Deloitte Touche, and perhaps others, to resolve the issues. Councilmember Withrow requested a modification to the motion that staff be directed to withhold any future payments if there is a disputed [penalty] fee, and do so until the matter is resolved. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: None. Absent: None. Abstentions: Councilmember Thomas - 1. 90 -239 From Finance Director recommending the release of Request for Proposals for professional audit services. Charles Tillman, 2415 Roosevelt Drive, asked if there is a reason for not having penalty clauses in the recommendation. The City Manager stated the Request For Proposal (RFP) for the audit is under the authority of the Auditor and not the City Council. President Corica stated a penalty clause can be added to a contract later. The City Attorney commented that she will include a liquidated damages clause in a contract. April 3, 1990 1.14 Councilman Arnerich clarified the inclusion in the contract would be a $200 per day penalty clause. Kevin Harper, City Auditor, stated he wanted Council to see the RFP before releasing it; Deloitte and Touche has advised they will not make a proposal because of his participation as the elected Auditor of Alameda; the contract calls for a three-year period and a three-year option contingent upon good performance and the ability to negotiate a fair fee each year; believes it is detrimental to have a penalty clause because an audit must be a team effort of both City staff and outside auditor's staff, and if penalty clauses are stated up front, both sides position themselves in case something goes wrong, therefore he did not include penalties in the proposal. The City Auditor stated he has asked the City Attorney for an opinion on whose jurisdiction the audit contract is under; the audit RFP is under the jurisdiction of the City Auditor, the contract is not clear yet. President Corica stated if an audit firm should get a contract for six years, there should be a sliding fee scale, downward, because the audit firm would know the City better as each year passes. The City Auditor commented that keeping the same audit firm for a number of years saves the City money because it takes less staff time when the audit firm has become familiar with the City. Councilmember Camicia moved the recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-240 From Acting Planning Director regarding letter from Diane Coler-Dark, with petitions signed by members of the Park Street Business Association, requesting a moratorium to halt the proliferation of restaurants in the Park Street business district while the City examines concepts that would maintain a healthy retail mix in this area. Diane Coler-Dark, 2857 JaCkson Street, requested Council, if it believes a moratorium is too harsh, to consider a compromise and request staff to look into the matter, examining retail mix concepts and ordinances, e.g., Berkeley Ordinance. John Barni, Sr., 1380 East Shore Drive, disagreed with the previous speaker; stated an owner of property should have the right to lease his property to someone he believes is creditworthy. Christopher Hanson, 543 Palace Court, stated Park Street suffers from not having an anchor tenant, e.g., Macys, Bullocks; Park Street restaurants provide clustering which has anchor-tenant benefits because it draws pedestrian traffic to stores near the restaurants; believes the concern might be the quality of the restaurants; but the market handles poor quality. April 3, 1990 115 President Corica agreed with Mr. Hanson and John Barni, stated Ms. Coler-Dark is concerned for Park Street business, but he believes rights cannot be taken away from people who want restaurants; and if restaurants are not quality and do not make money, they will close. Councilmember Withrow stated he agrees wholeheartedly with President Corica; does not believe Council is qualified to do economic engineering; believes the market forces in place within the City will determine the makeup of Park Street, opposes a moratorium as he sees no advantages. Councilmember Camicia stated the Berkeley ordinance could be reviewed, agrees the moratorium is not appropriate at the moment, but it does no harm to perhaps do a quick survey of Park Street businesses and take a look at the Berkeley ordinance to see if there are any benefits for Alameda. Councilman Arnerich stated he shares President Corica's and Mr. Barni's views that the marketplace always dictates what is going to succeed or not succeed. Councilmember Withrow moved to accept the report. Councilmember Camicia requested, off agenda and at the convenience of staff, a report on the Berkeley Ordinance. Councilmember Thomas requested that the report also address what is desired on Park Street. Councilmember Withrow requested modification of direction to staff; direction should include ideas to provide leadership from a positive standpoint, to achieve what is desired. Mayor Corica stated, for the record, that the majority of Council was not in support of a moratorium. Councilmember Camicia moved to accept the communication. Councilmember Thomas seconded the motion which was carried by unanimous voice vote. 90-241 From Recreation and Parks Director on status of potential use plan for open field space at the College of Alameda. President Corica noted the College of Alameda is willing to make the land available; Amey Stone has been involved in the matter, and there has been much cooperation from everyone involved. Councilmember Camicia moved the recommendation. Councilman Arnerich stated he is very pleased with the -Recreation and Parks Director's work on the potential use plan which includes a full-sized baseball field with grandstand area and three soccer fields; and noted there is ample parking in the area. Councilman Arnerich seconded the motion which was carried by April 3, 1990 116 unanimous voice vote - 5. RESOLUTIONS 90 -242 Resolution No. 11948 "Adopting Policy Statement for dental benefits for City Councilmembers and various benefits for City Auditor and City Treasurer." Adopted. President Corica stated during the last meeting, there was some doubt that Council could appropriately vote on the subject matter of the resolution in question, but the matter has been discussed with the City Attorney who has indicated there is no problem; this is no different from medical benefits being received from the City and he believes all of Council are receiving those benefits. Following discussion on motions to reconsider, and the application of Robert's Rules of Order, Councilmember Withrow moved adoption of the resolution. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: None. Absent: None. Abstentions: Councilmember Thomas - 1. INTRODUCTION OF ORDINANCES 90 -243 Ordinance No. , N.S. "Amending Chapter (Zoning) of the Alameda Municipal Code relating to design review, maximum number of stories and height coverage in residential districts." (Continued from 1990 Council Meeting) Held over. [See 90 -237] I, Title XI floor area, and building February 6, BILLS 90 -244 Ratify. Councilmember Thomas noted there were two checks listed for non - departmental attorney fees at $23,000 each. The City Attorney stated only one check was issued and returned to her office. The City Manager agreed there should be only one check, one may have been cancelled and deleted; and he will check to be sure there is no error. Councilmember Camicia moved to ratify the Bills [a List of Claims certified by the City Manager as correct, in the sum of $2,452,617.72]. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. NEW BUSINESS 90 -245 Mayor Corica requested the Public Works Director to investigate emergency funding sources for deepening and widening of the Bay Farm Island channel. April 3, 1990 117 90-246 President Corica stated he would like to go back to Washington, D.C. in the next two weeks to discuss the Naval base closure matter. Following Council discussion regarding Councilmember Withrow accompanying the Mayor, President Corica requested staff to agendize approval of his travel expenditures at the earliest possible time. 90-247 Councilmember Camicia criticized the Oakland International Airport for being adverse to a new runway over the water, and stated the City must fight the Airport on the issue. 90-248 Councilmember Thomas stated that she had not been informed of the March 26th Special Council Meeting until March 27th; and does not know what affect it could have on the Council action taken. Mayor Corica stated in the future Special Council Meetings should be scheduled at 7:00 p.m. ORAL COMMUNICATIONS, GENERAL 90-249 Gerhard Degemann, 19 Sandpiper Place, stated time extensions should be granted to speakers if an item is important, such as the Audit. 90-250 Don Roberts, 880 Portola Avenue, inquired about the construction taking place at the former Lucky's Store site at Central and Webster Street. 90-251 Don Roberts, 880 Portola Avenue, thanked Council for honoring a commitment that was made many years ago regarding the Portola Triangle. 90-252 Diane Coler-Dark, 2857 Jackson Street, commented on how other communities process new restaurant businesses. ADJOURNMENT President Corica adjourned the meeting at 10:55 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for the meeting was posted 72 hours in advance in accordance with the Brown Act. April 3, 1990