1990-04-17 Regular CC Minutes118
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
APRIL 17, 1990
The meeting convened at 7:45 p.m. (following the Community
Improvement Commission Meeting) with Acting President Arnerich
presiding. Councilmember Camicia led the Pledge of Allegiance.
The invocation was given by Reverend Doug Henderson.
ROLL CALL - Present: Councilmembers Camicia, Withrow, and
Acting President Arnerich - 3.
Absent: Councilmember Thomas and Mayor Corica - 2.
ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION(S), if any.
Acting President Arnerich announced the following action regarding
Closed Session held prior to the regular Council Meeting:
90-253 Labor Relations pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act: Council gave directions to
the City's negotiating team to proceed.
90-254 Guyton v. City of Alameda pursuant to Subsection (a) of
Section 54956.9 of the Brown Act: because of the importance of the
issue involved, a Special Meeting will be called, by Acting
President Arnerich, for Monday [April 23, 1990] at 7:00 o'clock to
provide opportunity for attendance by Councilmember Thomas and
Mayor Corica.
90-255 Seeterlin v. City pursuant to Subsection (a) of the legal
counsel section of the Brown Act: Council discussed the status of
the case.
CONSENT CALENDAR
Acting President Arnerich announced Agenda Items No. 1-A, (90-275)
report regarding legal advertising; No. 1-G, (90-276) report
requesting rejection of all bids for renovation of the Lincoln Park
Recreation Center Patio Area; and No. 1-H (90-277) report
recommending rejection of all bids for Police Administration
Building reconstruction, were removed from the Consent Calendar to
the regular agenda upon request of the public.
Councilmember Withrow moved approval of the remainder of the
Consent Calendar. Councilmember Camicia seconded the motion which
was carried by unanimous voice vote - 3. [Note: Consent Calendar
Item No. 1-L, *90-264, Introduction of ordinance authorizing sale
of surplus ].and, was not introduced because a four-fifths vote was
required, and only three Councilmembers were present.]
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*90-256 From Public Works Director recommending adoption of plans
April 17, 1990
119
and specifications for street and storm drainage improvements at
the southwest corner of Everett Street and Blanding Avenue, No.
P.W. 10- 89 -18. Accepted.
*90 -257 From Public Works Director recommending adoption of plans
and specifications for bids for the construction of Catalina Avenue
widening, Fontana Drive to Fir Place, No. P.W. 11- 89 -22.
Accepted.
*90 -258 From Public Works Director recommending acceptance of
improvements and release of bond for Tracts 4288, 4290, 4499, 4540,
4543, and 4544. Accepted.
*90 -259 From Finance Director submitting Investment Report for
period ending March 31, 1990. Accepted.
*90 -260 From Finance Director submitting Quarterly Financial Report
for period ending March 31, 1990 and Sales Tax Quarterly Report for
period ending December 31, 1989. Accepted.
*90 -261 From Community Development Director recommending adoption
of Rental Rehabilitation Tenant Assistance Policy. Accepted.
RESOLUTIONS
*90 -262 Resolution No. 11949 "Authorizing application for Fiscal
Year 1990 -91 Rental Rehabilitation Grant Funds and authorizing
execution of Certifications and Grant Agreement." Adopted.
*90 -263 Resolution No. 11950 "Authorizing application to the
California Energy Commission for a Streetlight Conversion Loan."
Adopted.
INTRODUCTION OF ORDINANCES
*90 -264 Ordinance No. , N.S. "Authorizing the sale of surplus
land located at Calhoun Street and Fernside Boulevard." Not
introduced. [Requires four- fifths vote but only three
Councilmembers were present.]
BILLS
*90 -265 A List of Claims, certified by the City Manager as correct
were ratified in the sum of $3,409,662.15.
MINUTES
Councilmember Camicia moved approval of the minutes of the Regular
Council Meeting of April 3, 1990, and Special Council Meetings of
March 26, 1990 and March 27, 1990. Councilmember Withrow seconded
the motion which was carried by unanimous voice vote - 3.
SPECIAL ORDERS OF THE DAY
90 -266 Proclamation declaring April 22, 1990, as Earth Day and the
April 17, 1990
0
week of April 23, 1990, as National Celebration of the Outdoors
Week.
Acting President Arnerich commented that the proclamation will be
read by Mayor Corica at a ceremony at 12:00 p.m. to 2:00 p.m.,
April 20, 1990, at Buena Vista Park to which City employees and the
public are invited to attend; and further commented the Twentieth
Anniversary of Earth Day is significant and everyone should do
whatever possible to help maintain an ecological balance.
* * * * * * * *
By consensus of Council, the resolution regarding KQED, was taken
out of order.
90 -267 Resolution No. "Authoriz
bonds in an amount not to exceed $20,
certain facilities of KQED, Inc. of
related actions." Tabled.
Councilmember Withrow commented only
attendance, one is required to abstain,
a quorum to address the issue; and he
next Council Meeting.
ing the issuance of revenue
000,000 in order to finance
San Francisco and approving
three Councilmembers are in
therefore there will not be
tabled the resolution to the
WRITTEN COMMUNICATIONS
90 -268 From Mayor, City of Agoura Hills, requesting support of
Senate Bill 2067 which would establish a pilot project to allow the
placement of freeway logo signs for traveler- related businesses
along Route 101, between Calabasas and the City of Camarillo.
Councilmember Withrow moved approval. Councilmember Camicia
seconded the motion which was carried by unanimous voice vote - 3.
90 -269 From C.A. Millman, Alameda, regarding the Bayview Shoreline
Enhancement Project, No. P.W. 8 -88 -12 and Section 3 -15 of the
City Charter as it relates to negotiating in the open market.
Charles Millman, 3916 Bayview Drive, expressed concern regarding
contract awarded on open market purchase following rejection of
bids.
Councilmember Camicia moved acceptance of the communication.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 3.
90 -270 From Rosalie B. McPherson, Alameda, regarding airport noise
(AB 4135 and SB 2405) and protection against Oakland Airport
expansion plans.
Rosalie B. McPherson, 1128 Marianas Lane, noted SB 2405 had been
amended; requested Council strongly oppose AB 4135 and communicate
opposition to the Assembly Judiciary Committee Members in addition
to other City representatives before the Committee meeting on May
9th; and that a City representative attend the Sacramento hearing
on that date.
April 17, 1990
121
Acting President Arnerich stated Council would be looking forward
to getting information on both bills.
Barbara Tuleja, 22 Purcell Drive, supported Ms. McPherson's
comments; noted it was only by happenstance she learned of the two
Bills; and therefore requested Council for an arrangement whereby
the City would be advised of proposed Bills that could take rights
away.
Don Roberts, 880 Portola Avenue, supported the remarks of the two
previous speakers and pointed out that, had there not been any
small claim actions filed against the San Francisco Airport, there
would probably not have been a ban of the older, noisier jets at
that field.
In response to Councilmember Withrow's question regarding the
City's knowledge of the League of California Cities' review of
Bills, the City Manager reviewed the procedure followed by the
League and City staff.
Councilmember Withrow further discussed the amount of information
received on the subject Bills, and participation of the City's
Assembly representative.
In response to Acting President Arnerich's question regarding
notification of Bills, the City Manager noted there is a new
service currently being installed called CITYLINK which allows the
City to be connected by computer to the League for instant
information.
Councilmember Camicia suggested the use of a bill tracking service;
requested that bills regarding airports, airport noise and aircraft
be provided to Council; requested staff develop a strategic plan
to help fight any upland runway, and to find a noise and safety
expert to replace former consultant to City and School District.
Councilmember Withrow stated he supports Councilmember Camicia's
remarks and particularly endorses the idea of provision of a
strategic plan that identifies objectives, goals and strategies,
and assigns responsibilities.
Councilmember Camicia suggested the letter be accepted, staff
prepare a resolution opposing AB 4135, take an extended look at SB
2405 and determine if a resolution can be prepared in opposition,
subject to review by the City Attorney to determine compliance with
the 1976 Settlement Agreement, and so moved. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 3.
HEARINGS
90 -271 Consideration of Fiscal Year 1990 -91 proposed Statement of
Community Development Objectives and Projected Use of Funds and
related reprogramming of prior years' funds.
Acting President Arnerich explained the procedure of the hearing.
April 17, 1990
1
2
The public portion of the hearing was opened.
On the call for proponents, the following persons spoke:
Vicki Sedlack, 2104 San Antonio, Christ Church, spoke in favor of
keeping the Midway Center for the homeless open.
Robert Von Colditz, 233 Brighton Court, noted a great deal of money
was put into opening the Midway shelter; believes there should be
an allocation of at least the same amount as last year.
Sue Olmsted, 1117 Holly Street, Volunteers of America, expressed
concern regarding Midway Center, that there needs to be long range
planning and goals.
Christopher Buckley, 1017 San Antonio Avenue, Alameda ReLeaf,
expressed support for the street tree component of the upcoming
Community Development Program.
John Scott Graham, 1728 Tregloan Court, questioned if funds for
affordable housing are being diverted to programs that do not
qualify for the funding.
The public portion of the hearing was closed.
The Community Development Director explained qualifying factors and
noted a large sum of money is being devoted to housing - related
programs.
To Acting President Arnerich's question concerning reallocation of
funding, the Community Development Director responded priorities
must be changed but it is only in the public service area where
critical substitution must be made; and added there is a scheduled
meeting on April 18 with the Volunteers of America regarding
funding.
Councilmember Camicia stated the homeless center has been very
successful, he has not heard any complaints about it; and he would
like to see some of the funding under discussion allocated for the
Center.
Councilmember Withrow discussed with the City Manager what other
funding sources might be available for programs like Midway Center,
and the procedure to be followed if Council requested funds to
maintain the Midway Center.
Councilmember Withrow moved to approve the priorities established
contingent upon staff returning to Council with a plan that would
be a feasible means of maintaining Midway Center. Councilmember
Camicia seconded the motion.
The City Manager commented the staff report will be brought to
Council by the May 15 Council Meeting with a plan and source of
funding for the Midway Center.
The motion was carried by unanimous voice vote - 3.
April 17, 1990
3
APPEALS
90 -272 Consideration of Appeal of Planning Board decision to deny
Use Permit, UP- 89 -21, to allow the establishment of an attorney's
office as required in Zoning Ordinance Section 11- 1319(a), and
Variance, V -89 -9, to allow the provision of nine parking spaces for
an attorney's office, whereas ten off - street parking spaces are
required under Zoning Ordinance Section 11- 14C5(c)(2). The office
would be located within a R -5, General Residential District at 2156
Central Avenue. Applicant /Appellant: William J. Berg.
James Kennedy, 2447 Santa Clara Avenue, attorney for William J.
Berg, stated that because three Councilmembers must vote to approve
or deny the Appeal, it is important the matter be considered while
the full Council is present; and he would like a continuance
because of the importance of the matter.
The City Attorney stated there are two issues Council must address:
1) Charter Section 3 -4, that the City Council must act by three
votes, either for or against; and 2) whether or not to allow any
speakers on this item at all. The past practice of the Council has
been, on zoning appeals, to limit them solely to the record and to
not allow speakers.
In response to Acting President Arnerich, the City Attorney
explained the procedure and advised the Council to follow their
past procedure and not allow speakers, if they choose to hold the
hearing.
Councilmember Camicia stated he would not be opposed to tabling the
matter to a future meeting, unless there are a number of people
present who want to hear it.
In response to Councilmember Withrow's request for clarification,
the City Attorney replied she was informed that it was the past
practice of Council to not allow speakers, and noted there is
another section of the Municipal Code that addresses Appeals in
general which states that Council may allow speakers; and added
that the impact of allowing speakers would be changing the review
of the record to a review of the record plus new evidence.
To Acting President Arnerich's question concerning Appellant's
request to continue the matter, the City Attorney stated an
Appellant can request a continuance and the Council in its
discretion may grant Mr. Kennedy's request.
Councilmember Camicia stated he would have no problem continuing
the matter.
Councilmember Withrow stated he recognizes the past practice of not
allowing speakers, but in this particular case is bothered by
precedence that would be set; concerned with some of the
guidelines that would be established with respect to new Housing
Element, parking and infrastructure within the City; is not sure
it would be healthy reviewing tapes in an appellate court -type
process; and proposed a hearing on the issue.
April 17, 1990
12
Councilmember Camicia requested staff develop a report on the
matter.
Following Council discussion, the City Manager stated on Monday,
April 23 [Special Council Meeting subsequently rescheduled for
April 24], staff will provide Council with information on the pros
and cons of an Appeal vs. a Hearing and schedule the matter
[UP -89 -21 and Variance 89 -9] for the next [regularly scheduled
Council] meeting or for a meeting at which time the Appellant can
be present.
Councilmember Camicia so moved. By consensus, Council determined a
motion was not necessary, and directed staff to proceed as
indicated.
Bill Wire, 2153 Central Avenue, stated he does not understand all
the ramifications, and asked for clarification.
The City Manager stated he would notify the speakers in writing
concerning if and when they may speak on this issue.
Councilmember Camicia clarified the procedure of the appeal would
be discussed at the Special Meeting, and the Berg Appeal would
return to Council at the May 1, 1990, Council Meeting.
90 -273 Consideration of Appeal of Planning Board approval of
Negative Declaration (IS- 89 -16) and Planned Development Amendment,
(PDA- 90 -1), for the removal of 31 Poplar Trees and 10 Weeping
Willows from the common area of Lantern Bay, Harbor Bay Isle.
Applicant: Lantern Bay Homeowners' Association. Appellant: Mr.
Robert Wood.
Councilmember Camicia stated the same subject applies as in the
previous Appeal; he is not sure that Council should take speakers
and the matter will be addressed at the Special Meeting.
Councilmember Withrow stated he is comfortable to go forward with
or without speakers.
Councilmember Camicia stated he believed both Appeals should be
held over until Council determines whether the future policy will
be to allow, or not allow, speakers; and noted the Appellant is
not present.
The City Manager stated he was informed the Appellant was unable to
come to Council Meeting tonight but did not ask for the matter to
be held over.
In response to Acting President Arnerich, the City Attorney stated
Council may wish to continue the matter to afford the speakers the
option of benefitting from the Council's potential new redirection.
The City Manager noted staff would provide what precedents may be
set in the future by making changes to such issues.
Councilmember Camicia clarified that Council is requesting a review
April 17, 1990
of the decision - making process to see if a change is
and the two Appeals be agendized at another time.
Councilmember Withrow moved continuance of the matter
1990, Council Meeting. Councilmember Camicia seconded
which was carried by unanimous voice vote - 3.
REPORTS AND RECOMMENDATIONS
125
appropriate,
to May 1,
the motion
90 -274 From Public Works Director regarding alternatives for
parking within the Park Street area.
Diane Coler -Dark, 2847 Jackson Street, discussed alternatives to
parking needs, noted lot revenue is not stated [in the staff
report], merchants can pledge yearly parking for themselves and
their employees, Long's, Alameda Theatre and Outback property
owners have expressed an interest in a public /private venture
therefore staff could talk to them; hiring an engineer and $32,000
[to develop a conceptual site plan for the Linoaks area] seems like
a lot to ask Council to buy into at this time; and believes
Council needs more information for a decision of this type that has
such an impact on the future needs of the area.
Gertrude Woods, 1247 Sherman Street, stated she agrees with Ms.
Coler - Dark's statement, more study needs to be done; a view, from
the new Library's reading room and Children's Library, of a parking
garage instead of the Oakland hills, might jeopardize the
application for funding; considering parcels the City does not own
for parking would also jeopardize the Application because a
complete package must be sent to the State and it takes more than a
year to obtain properties; the current Children's Library building
is on a 52 x 150 lot which should be explored as a possible City
employee parking lot as the City already owns it; requested
communication between engineering department, Library and architect
if acquisition of properties adjacent to Library are to be
discussed; and she would like to see a plan identifying the civic
center and goals for the center and incorporation of the parking
structure into that.
The City Manager reviewed the needs for parking, and the procedure
that would be followed if Council approves the recommendation.
The Public Works Director stated all locations have been looked at,
more space is needed than is on the library site, there is a need
to hire appropriate consultants, and it is the intent to work with
both groups represented by speakers.
Councilmember Camicia moved recommendation and stipulated that
areas commented on by Ms. Coler -Dark and Ms. Woods be explored.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 3.
90 -275 From City Clerk recommending authorization to call for bids
for legal advertising for the City of Alameda for Fiscal Year
1990 -91.
John Scott Graham, 1728 Tregloan Court, requested all newspapers in
April 17, 1990
126
the Greater Bay Area be allowed
advertising.
Acting President Arnerich commented
general circulation published in the
other qualifications.
to submit bids for legal
that newspapers must be of
City of Alameda, and noted
Councilmember Withrow moved approval. Councilmember Camicia
seconded the motion which was carried by unanimous voice vote - 3.
90 -276 From Recreation and Parks Director recommending rejection of
all bids for renovation of the Lincoln Park Recreation Center Patio
Area No. P.W. 10 -89 -20 and approval for re- bidding of the
project.
Councilmember Camicia moved approval. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 3.
90 -277 From Chief of Police recommending rejection of all bids for
building reconstruction: Alameda Police Administration Building,
No. P.W. 8- 89 -14; and requesting approval for re- bidding the
project.
John Arntz, 3855 Cypress, J. W. & Sons, stated he is a general
contractor and low bidder on the Police Station, the bid was
submitted in good faith, he believes the job cannot be done more
economically, requested Council reconsider its initial
recommendation, inquired about Council's position on allowing a
bidder that was deemed non - responsive submit a bid on a re -bid,
should one occur; and believes it is wrong to re -bid the project
for the only purpose of giving a non - responsive bidder a second
chance to submit a bid.
Carole Chadimer, 1119 Industrial Road, San Carlos, owner of One -Way
Electric, electrical contractor with low bidder J.W. & Sons,
stated the grounds for rejecting the bids has not been explained,
apparently there is not going to be a change of the scope of the
work, and if there is not substantial change, there should not be a
re -bid; there were nine contractors and eight were within a small
percentage of each other; noted list of expenses to City and
contractors related to bidding; and added if the City puts this
back out without changing scope of work it is very much like
shopping a bid.
Chief Shiells stated the lowest responsible bidder was $220,000
over the estimated cost of the project; the intent is to stay
within budget; the architect is working on ways to reduce the
cost; and a bidders conference will be held for interested
contractors to further explain the various elements of the project.
The Public Works Director stated his staff has worked closely with
the Police Chief and the architect on the project, reviewed all the
bids, met to determine the best policy for the City and concurs
with the recommendation that this project be re -bid, changed in
scope and clarified, so the City may obtain a proper bid within
budget.
April 17, 1990
127
The City Manager stated possibly there is a misconception that the
purpose of re- bidding is to try to allow another chance for the
non - responsive bidder; however, the reason for re- bidding is that
the bidding was beyond the budget.
Councilmember Withrow moved the recommendation of the Chief of
Police be accommodated and the project be re -bid. Councilmember
Camicia seconded the motion which was carried by unanimous voice
vote - 3.
In response to a question from the audience regarding whether the
non - responsive bidder would be allowed to bid, the City Manager
suggested the question should be addressed by the City Attorney and
the bidder.
RESOLUTIONS
90 -278 Resolution No. 11951 "Approving issuance of Multifamily
Housing Refunding Revenue Bonds for a project developed by the
Housing Authority of the City of Alameda." Adopted.
Madelyn Murphy, 2618 Janis Circle, questioned what a multifamily
housing revenue bond is, as she is not familiar with the term
multifamily.
The Executive Director, Housing Authority, replied "multifamily"
basically means an apartment complex, and in this case, the bonds
are tax exempt bonds that were sold to finance the Eagle Avenue
Project in the early 1980s when interest rates were very high, and
basically the project is being refinanced for a much lower interest
rate which should save the government money and subsequently save
money in rents that may be charged to amortize the mortgage.
Acting President Arnerich further discussed the refinancing, and
rents with the Executive Director.
Councilmember Camicia moved adoption
Councilmember Withrow seconded the motion.
by unanimous voice vote - 3.
90 -279 Resolution No. 11952 "Supporting
Employment Service." Adopted.
of the resolution.
The motion was carried
Alameda Summer Youth
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 3.
90 -280 Resolution No. 11953 "Resolution of Intent approving an
Amendment to Contract between the Board of Administration of the
Public Employees' Retirement System and the City Council of the
City of Alameda."
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 3.
April 17, 1990
128
INTRODUCTION OF ORDINANCES
90 -281 Ordinance No.
Contract between the
Employees' Retirement
Alameda." Introduced.
, N.S. "Authorizing an Amendment to the
Board of Administration of the Public
System and the City Council of the City of
Councilmember Camicia moved introduction of the
Councilmember Withrow seconded the motion which was
unanimous voice vote - 3.
NEW BUSINESS
ordinance.
carried by
90 -282 Councilmember Camicia requested the City to take action if
construction equipment at the corner of Fernside Boulevard and San
Jose is not removed by the date indicated on a recent citation.
90 -283 Councilmember Camicia requested the Cable Oversight
Committee to report on when Sports Channel, a new cable service,
will be available and why it is not available now.
90 -284 Acting President Arnerich stated he has received numerous
complaints on vehicles which park across curbs, sidewalks and
corners and would like laws prohibiting such parking strictly
enforced.
90 -285 Acting President Arnerich requested Section 2 -117 of the
Alameda Municipal Code, RULES OF ORDER, Item No. 5, ORAL
COMMUNICATIONS, GENERAL, be limited to non - agenda items.
ORAL COMMUNICATIONS, GENERAL
90 -286 Don Roberts, 880 Portola Avenue requested the Council to
adjourn in memory of Donald M. Roderick, Superintendent of the
Alameda Unified School District from 1952 to 1971.
90 -287 John Barni, Sr., 1380 East Shore Drive, requested that the
City fly the flag at half mast for the remainder of the week in
honor of Donald Roderick.
ADJOURNMENT
90 -288 Acting President Arnerich adjourned the meeting in memory of
Donald Roderick, Superintendent of the Alameda Unified School
District from 1952 to 1971, at 9 :55 p.m.
The agenda for the meeting was
accordance with the Brown Act.
April 17, 1990
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
posted 72 hours in advance in