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1995-12-05 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL DECEMBER 5, 1995 The meeting convened at 7:35 p.m., with Mayor Appezzato presiding. The Pledge of Allegiance was led by Vice Mayor Mannix. Reverend Daniel Weller Alameda Community Church, gave the invocation. ROLL CALL - PRESENT: ABSENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR President Appezzato stated that Item 4-A (95-728) [Report from Finance Director transmitting the City of Alameda Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 1995] was pulled off the Consent Calendar for public discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. See Paragraph (95-728). (*95-722) Report from City Auditor Extending for Three Years the Contract for Maze and Associates, External Auditors. Accepted. (*95-723) Report from Finance Director Recommending Approval of Contract with Municipal Resource Consultants for Business License Inventory Services (BLIS), Revenue Enhancement Audit Program (REAP) and Geo-Based Revenue Information Program (GRIP). Accepted. (*95-724) Report from City Attorney Extending for One Year the Renewal of Workers' Compensation Third Party Administrator Contract with Gregory Bragg & Associates. Accepted. Rcgulai- Mccting, Alameda City Council December 5, 1995 384 (*95-725) Report from Public Works Director Recommending to Reject All Bids for the Construction of a New Recreation Building and Playground Improvements at Krusi Park, No. P.W. 08-95-16, and to Direct the City Clerk to Advertise for Bids for the Construction of the Playground Area Upon Notice from the Public Works Director to Proceed. Accepted. (*95-726) Resolution No. 12716 "Authorizing Applications for Grant Funds From Used Oil Recycling Funds Under the Used Oil Recycling Enhancement Act and Authorizing the Public Works Director to Execute All Required Contracts and Documents." Adopted. (*95-727) Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,319,436.27. Ratified. (95-728) Report from Finance Director transmitting the City of Alameda Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 1995. Accepted. Gerhard Degemann, Alameda, requested that a financial comparison be given for years 1994 and 1995. In response to Mr. Degemann, the Finance Director gave an overview of the report and sections: introductory, financial and statistical; stated that the last Quarterly Financial Report submitted to Council indicated a slight increase in sales tax [revenue] from 1994, and that a 3% increase [in sales tax revenue] was projected for 1995-96, which was also what the State was projecting State-wide. Councilmember DeWitt moved acceptance of the report. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. President Appezzato provided an overview of his trip to Washington, D.C. on November 30, 1995 to meet with the Fish and Wildlife Agency of the Department of the Interior; stated that he and Kay Miller, Executive Director, Base Conversion/Alameda Reuse & Redevelopment Authority, met with Congressman Dellums' staff and representatives of the Agency; that he advised them the City of Alameda is in support of a wildlife refuge; that the refuge will be a part of the Final Base Reuse Plan; that four items of mutual interest and concern were discussed: 1) size of the refuge, 2) management plan, 3) financial plan for managing the refuge, and 4) ownership of refuge; that further information will be provided to Council regarding said issues; that he and Ms. Miller also met with Admiral Herberger, Head of the Maritime Administration, and senior staff . members; that discussion was held regarding the pre-positioning of fleet-ready reserve ships that the Maritime Administration Regular Meeting, Alameda City Council December 5, 1995 38 maintains for the United States Government for defense and rapid deployment emergencies; that 3 to 15 ships could be berthed in Alameda; that further discussion will be held by the Navy, the Maritime Administration, and the Reuse Authority; and that the berth of ships may be one of the first major revenue producers for the Authority and help finance the infrastructure of the Base. REGULAR AGENDA ITEMS (95-729) Report from Planning Director transmitting Planning Board's Recommendation Regarding a Fee Waiver Request by Eve Roberson, on behalf of Save Pacific Avenue (SPA), for Appeal Fees. Accepted. Eve Roberson, SPA, stated that SPA believes they have made the two necessary findings: 1) the waiver is in the public interest, and 2) the appellant or applicant is unable to afford such fees; elaborated upon the findings; and spoke in support of request to waive fee. Shirley Cummins, Alameda, stated that a fee is a tax; that fees are unfair; and spoke in support of fee waiver request. Councilmember DeWitt stated that the City had spent $5,000 for an investigator to make findings; that the City is absorbing costs regarding the matter; that the City has to have someway to pay its bills for the number of hours and investigation [costs]; and that the $362 charge in fees is a reasonable amount that can be paid by SPA, as compared to the $5,000 paid [to investigate the matter]. Councilmember Lucas stated that she believes SPA would not have had to fight so hard if staff had done its job correctly; that she is grateful to SPA for bringing questionable items to Council's attention; that Council should be grateful to SPA for pointing out the weaknesses in City government that will hopefully be remedied; and moved that SPA's fee in the amount of $362 be waived. Councilman Arnerich stated that the City is partially to blame; stated that the fair process warrants the fee being waived; and seconded the motion. President Appezzato stated that he will support staff and the Planning Board's recommendation; that there must be some payment for City services; and that the $362 fee is [a] minimal [amount] compared to the money that was expended [by the City]. Regular Meeting, Alameda City Council December 5, 1995 38 The motion failed by the following voice vote: Ayes: Councilmembers Arnerich and Lucas - 2. Noes: Councilmember DeWitt, Vice Mayor Mannix and President Appezzato - 3. Abstentions: None. Vice Mayor Mannix moved acceptance of the report and recommendation [to deny the fee waiver]. Councilmember DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmember DeWitt, Vice Mayor Mannix and President Appezzato - 3. Noes: Councilmembers Arnerich and Lucas - 2. Abstentions: None. (95-730) Report from Planning Director transmitting Planning Board's Recommendation Regarding a Fee Waiver Request for Florencio Tayag For Variance Fees, Enforcement Fees and Appeal Fees for the Property located at 1574 Pacific Avenue. Accepted. Shirley Cummins, Alameda, spoke in opposition to the recommendation; and urged citizens to review the Planning Department's list of fees. Councilmember DeWitt moved acceptance of the report and recommendation. Vice Mayor Mannix seconded the motion. President Appezzato stated that he will support staff and the Planning Board's recommendation (to deny the fee waiver). Councilman Arnerich spoke in support of denying the fee waiver request. Councilmember DeWitt's motion carried by unanimous voice vote - 5. (95-731) Written Communication from Eve Roberson, Save Pacific Avenue, Alameda, requesting Certain Additional Items related to the Appeal Concerning 1574 Pacific Avenue be Considered by the City Council. (Councilmember Lucas) Accepted. * Report from City Manager in Response to Councilmember Lucas' Request to Address Eve Roberson's Letter dated November 7, 1995. * Written Communication from Eve Roberson, Save Pacific Avenue, Alameda, submitting Further Information regarding Letter dated November 7, 1995. Eve Roberson, SPA, requested that the property owner at 1574 Pacific Avenue honor existing agreements with the City regarding fire safety, property maintenance, number of bedrooms, and the subsidized rent record; provided an overview of communications and reasons for requesting guarantees of performance; and submitted a Regular Meeting, Alameda City Council December 5, 1995 387 copy of a letter from Frank R. Murphy, a contractor, dated December 5, 1995, expressing concern regarding said property, including copies of photographs. Councilman Arnerich expressed concern for fire codes not being referenced in the Fire Department's report. Martha Caron, Alamedans for a Better City (ABC), expressed concerns regarding the manner in which the City has handled the matter; addressed issues regarding conventional and infill development; and spoke in support of SPA's requests. Shirley Cflmmins, Alameda, referred to a development project near her home; stated that she investigated the project and the manner in which it was financed; expressed concerns for double taxation, the intention of Section 8, and for recipients of Section 8. President Appezzato announced that the Planning Board will be holding public hearings regarding infill; stated that infill was a City policy many years ago; that the Clayton Guyton Settlement was before the current Council; and encouraged citizens to attend the public hearings. The City Manager provided an overview of the staff report provided in response to Ms. Roberson's Requests: 1) investigation of the safety issue of violation of the Uniform Building Code due to lack of a solid firewall for the duplex, as required for property built/reconstructed with less than a three foot side yard setback, 2) the property owner be required to file a bond to guarantee decent maintenance of the property, 3) the property owner execute a deed to run with the land to prevent the re-installation of the illegal bedrooms that was previously added, and 4) require that the subsidized rent for the property shall conform to the legally approved number of bedrooms at the property (Duplex bedrooms: 3 upstairs, 2 downstairs. Rear building bedrooms: 2). In response to Councilmember DeWitt's inquiry regarding Request No. 1, the City Manager stated that said property was three feet, three inches away, therefore the distance between the two [properties] is six feet three inches [which slightly exceeds the separation requirement under the Uniform Building Code]. In response to Councilman Arnerich's inquiry regarding Request No. 2, the City Attorney responded that the City has no legal authority to require the filing of a bond. In response to Councilman Arnerich's inquiry regarding Request No. 3, the City Attorney responded that the City cannot force Mr. Tayag to file a deed. Regular Meeting, Alameda City Council December 5, 1995 388 In response to Councilman Arnerich's inquiry regarding enforcement, the City Attorney referred to the City Manager's report indicating three existing mechanisms for the City to require Mr. Tayag to maintain the property: Notice of Limitation of Use of Real Property, the Substantial Rehabilitation Agreement, and the Section 8 Contract; and stated that the sole purpose of the Code Enforcement Officer is to remedy code violations in the City. Councilmember Lucas expressed frustration with properties which are funded by the City and maintain poor maintenance; stated that HUD is unable to control their properties and maintain them in a decent, safe, sanitary and habitable manner; that Mr. Tayag's property is full of litter; and requested that the City use whatever mechanisms available to enforce maintenance. The City Manager stated that there are some property owners who receive repeated notice and continue to do little or nothing, which requires a tremendous amount of staff work for non-compliance; that there are some property owners who receive one notice and comply; and concurred that said property and owner were problems. Councilmember Lucas stated that she realizes a lot of staff work and time goes into problem properties; and that its the properties that are partially financed with City monies and Section 8 rent subsidizes which have the greatest problems. The City Manager stated that the City is hiring a Code Enforcement Officer; and that said property would be given top priority. President Appezzato stated that the City has taken action against nuisance properties, one of which was 1310 Pacific Avenue; that said property required Court Orders and years to finally abate; and that abatement has to be done legally. Vice Mayor Mannix stated that many of the problems [at 1574 Pacific Avenue] were procedural; the project itself was not at any point in conflict with existing City policy; that the Planning Board will conduct hearings to address the procedural problems; and stated that he was not sure the City has the authority to implement Ms. Roberson's requests. The Fire Chief stated that the Fire Department found no fire or safety hazard. Councilmember DeWitt moved that Ms. Roberson's request No.1 be denied and [a finding] that a fire hazard does not exist. Councilmember Lucas stated that she preferred not to make a finding; and that after Council has reviewed each item, the [written] communication be accepted. Regular Meeting, Alameda City Cotmcil December 5, 1995 389 Councilman Arnerich concurred. In response to President Appezzato, the City Attorney further clarified staff's response to Ms. Roberson's proposed Requests 2 and 3. Councilmember DeWitt stated that Housing Authority does have the legal power to govern rents paid for units [under the Section 8 Program]; and moved implementation of Request No. 4. In response to President Appezzato, the City Manager stated that Councilmember DeWitt's point has already been addressed and resolved; that the City has already written the property owner a letter stating that the Housing Authority will only pay the subsidy based upon the legal number of units in the building. Due to the lack of a second, Councilmember DeWitt's motion failed. Councilmember Lucas moved acceptance of the written communication. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-732) Report from Fire Chief recommending Authorization to Reschedule the Sequence of Work for Renovation of Fire Stations #1, #2 and #3. Accepted. Councilmember DeWitt moved acceptance of the report and recommendation. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. President Appezzato announced that Item 5 -E will be heard after Items 5 -F and 5 -G. Council recessed at 8:39 p.m., and reconvened at 8:49 p.m. (95 -733) Resolution Calling a Special Election in the City of Alameda for the Purpose of Submitting to the Electors an Ordinance Entitled "Amending the Alameda Municipal Code by Amending Subsection 26 -1.1 Thereof Relating to the Use of Assessment District Proceedings for Construction and Improvement of Buildings for Library and Carnegie Museum Purposes "; Fixing the Date of Said Election, the Manner of Holding Same, and Providing for Notice Thereof; Consolidating Said Special Election with the Primary Election of the State of California to be Held on Tuesday, March 26, 1996; and Proposing Said Ordinance; and * Report from Assistant City Manager regarding New Library and Carnegie Rehabilitation and Museum Project Assessment District; Transmitting the Preliminary Engineer's Report; and recommending Adoption of Two Resolutions; and Regular Meeting, Alameda City Cumrll December 5, 1995 392 repeat a mistake like the Alameda Unified School District bond issue; and that the amounts and expiration date indicated by Council could be depended upon. Councilman Arnerich suggested that Mayor Appezzato and Vice Mayor Mannix write the ballot [argument] proposal; stated that assessments should be indicated in numeric form and to whom it pertains; and moved that the Items 5 -F and 5 -G be held over to Tuesday, December 19, 1995. Councilmember Lucas seconded the motion. Vice Mayor Mannix stated that Council was in strong support of the project; and expressed concern in delaying the matter. Councilmember DeWitt expressed the importance of public input and staff working with the public during the two week period. Councilman Arnerich's motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato- 4. Noes: Vice Mayor Mannix - 1. Abstentions: None. (95 -735) Report from General Manager, Bureau of Electricity, regarding Operation and Maintenance (O &M) of the Electrical System at the Naval Air Station (NAS). (Councilmember DeWitt) Accepted. William C. Lewis, General Manager, Bureau of Electricity, stated that the Public Utilities Board and staff were proud of the agreement with the Navy; that the agreement provides for increased rates that the Navy will pay to cover costs of operation and maintenance by the Bureau's crews; that the agreement was the first of its kind in the County where the serving utility has agreed to provide 0 & M services to Navy electric facilities before the Base has officially closed; and introduced Cliff Hubbard, Assistant General Manager of Operations. Mr. Hubbard gave a brief overview of the operation and maintenance of the electrical system. In response to Councilmember DeWitt's inquiry, Mr. Hubbard stated that as extensions occur, the Bureau will raise capital to pay for them; and that he will continue working with the Navy. Councilman Arnerich moved acceptance of the report. Vice Mayor seconded the motion, which carried by unanimous voice vote - 5. (95 -736) Resolution No. 12717 "Calling a Special Election in the City of Alameda for the Purpose of Submitting to the Electors an Amendment to the City Charter Relating to the Newspapers Qualified to Publish the Legal Advertising for the City; Fixing the Date of Said Election, the Manner of Holding Same, and Providing Regular Mating, Alameda city Cramell December 5, 1995 for Notice Thereof; Consolidating Said Special Election with the Primary Election of the State of California to be Held on Tuesday, March 26, 1996; and Proposing Said Charter Amendment." Adopted. Scott Hennigh, Alameda, stated that he subscribed to the Alameda Times Star and expressed concern regarding an article on the proposed Charter amendment; spoke in opposition to the Resolution; and made inquiries regarding the current legal advertising contract. President Appezzato stated that the contract was awarded to the Alameda Journal because it was low bidder; and gave an overview of the matter. In response to Mr. Hennigh's inquiries, the City Attorney gave an overview regarding the Alameda Times Star and Alameda Journal's bid protests and actions thereof; and elaborated upon legal requirements regarding the contract. Don Roberts, Alameda, stated that the comments made by the City Attorney when the contract was awarded were to the point: "that neither the [Alameda] Journal nor Alameda Times Star met the requirements of the Charter "; that it was a sensible approach to change the Charter to reflect the [current] situation; and urged Council to submit proposed Charter amendment to the voters. President Appezzato stated that it was he who suggested that the Charter amendment be placed on the ballot; however, he was not sure that it was necessary to have the amendment since it may no longer be necessary. Councilman Arnerich stated that he was in support of the Charter amendment and would not want the matter resurfacing at a later time; and moved adoption. Councilmember DeWitt spoke in support of the Charter amendment; stated that the City would be restricting itself if the current language was allowed to remain; and that the wording was outdated and not in keeping with the reality of what is going on in the newspaper business. Vice Mayor Mannix clarified that the Charter amendment proposal reflects the fact that there is currently no paper in Alameda that completely meets the standards of the Charter; stated that the Charter needed to be amended given the fact that Alameda does not have a resident paper publishing in the City; and that as long as the wording remains in the Charter, the City will have to revert back to precedence which opens the door for a low bidder that may not be adequate. Regular Meeting, Alameda City Cameil December 5, 1995 34 Councilmember Lucas concurred with comments made by fellow Councilmembers; and stated that it was important to amend the Charter. Councilmember DeWitt stated that the wording of the ballot measure does not reflect all the possibilities and questions addressed; suggested that the amendment be reworded, simple, clear and understandable to the voter; and that the wording should reflect a certain minimum circulation within the City for an advertiser. President Appezzato stated that he had no problem with the current wording. Vice Mayor Mannix seconded Councilman Arnerich's motion to adopt the Resolution. Following discussion, the City Attorney stated that the Charter amendment was to impose a new requirement that newspapers be adjudicated by a court as a newspaper of general circulation within the City of Alameda, and [would be] in lieu of the current Charter Section which requires one year publication [in the City preceding the making of such bid] and 1,000 copies [paid circulation]. Councilmember DeWitt expressed concerns and stated that because a newspaper has a general circulation in the City, that does not mean it is going to reach the people. The City Attorney stated that it is her understanding that only two newspapers currently that have court orders of general circulation in the City: Alameda Journal and Alameda Times Star. Councilmember DeWitt stated that the ballot wording "in lieu of..." creates confusion; and requested that the ballot measure only indicate what the voters are to vote on. Councilman Arnerich called for the question. The City Manager suggested the following language: Shall the Charter of the City of Alameda be amended to require newspapers to be adjudicated as a newspaper of general circulation within the City of Alameda to qualify to publish the City's legal advertisements in place of current Charter requirements. Don Roberts, stated that the question was called for, and that rules and procedures should be followed. The City Attorney responded that Roberts Rules of Order are not binding on the Council, and that the rules set forth in the. Municipal Code do not require strict adherence. Regular Meeting, Alameda City Council December 5, 1995 3 Councilman Arnerich stated that Council should adhere to procedures. President Appezzato stated that he was prepared not to support the Charter amendment; however, after receiving further input, he will support the Resolution. Councilman Arnerich's motion [to adopt the Resolution] carried by unanimous vote - 5. Councilmember Lucas stated that all Councilmembers should sign the Ballot Measure Argument, and so moved. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-737) Resolution No. 12718 "Requesting the Alameda County Board of Supervisors to Permit the County Clerk to Render Specified Services to the City Relating to the Conduct of the Consolidated Special Municipal Election March 26, 1996." Adopted. Councilmember DeWitt moved adoption of the Resolution. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-738) Resolution No. 12719 "Approving, Authorizing and Directing Execution of Certain Installment Sale Financing Documents, Approving the Form and Authorizing Distribution of a Preliminary Official Statement, in Connection with the Offering and Sale of Certificates of Participation Relating Thereto, Approving a Purchase Agreement, Appointing Special Legal Counsel and Disclosure Counsel and Authorizing and Directing Certain Actions with Respect Thereto." (1988 Sewer Bonds Refunding) Adopted. Councilmember DeWitt moved adoption of the Resolution. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-739) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter XIII (Building and Housing), Article I (Building Regulations), Article II (Electrical Regulations), and Article III (Plumbing Regulations) to Adopt the 1994 Edition of the Uniform Building Code, the 1994 Edition of the Uniform Code for Building Conservation, the 1993 Edition of the National Electric Code, the 1994 Edition of the Uniform Plumbing Code, the 1994 Edition of the Uniform Mechanical Code and Approving Certain Amendments Thereto; by Amending Chapter XV (Fire Prevention) to Adopt the 1994 Edition of the Uniform Fire Code and Approving Certain Amendments Thereto; by Renumbering the Alameda • Housing Code; and by Making Certain Conforming Amendments Throughout the Alameda Municipal Code. Introduced. Regular Meeting, Alameda City Council December 5, 1995 3q6 Councilman Arnerich moved introduction of the Ordinance. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-740) Final Passage of Ordinance No. 2712 "Amending the Alameda Municipal Code by Amending Subsection 4-10.5 (Prohibited Acts), Subsection 4-10.7 (Special Provisions-Exceptions) and Subsection 4-10.10 (Appeals) of Section 4-10 (Noise Control), Article II (Noise Regulations), Chapter IV (Offenses and Public Safety), Thereof, Regulating Construction Hours and Prohibiting Construction on Sundays." Finally adopted. Inger Best, Alameda, thanked Council for taking action; and spoke in support of Ordinance. Steve Jackson, Alameda, commented on numerous home improvements he made since purchasing a Victorian home in 1991. Mayor Appezzato advised Mr. Jackson that the proposed Ordinance would not restrict construction hours for homeowners. Don Roberts, Alameda, spoke in support of the original proposed Ordinance which included time restrictions for property owners. Councilman Arnerich moved final passage of the Ordinance. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-741) Final Passage of Ordinance No. 2713 "Amending the Alameda Municipal Code by Amending Subsection 2-9.4(a) (Commission Powers, Duties) of Section 2-9 (City Golf Commission), Chapter II (Administration), Thereof, Reflecting New Management Organization at Golf Complex." Finally adopted. Councilmember Lucas moved final passage of the Ordinance. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (95-742) Neil Patrick Sweeney, Alameda, discussed certain base closure issues, e.g. community involvement, use of property. (95-743) John Fee, Alameda, commented on various issues: computer technology for the new library, Council attendance at BRAG meetings, police commissioner to stop crime, uses for the U.S.S. Hornet, and religious retreats. Regular Meeting, Alameda City Council December 5, 1995 3Q7 COUNCIL COMMUNICATIONS (Communications from Council) (95-744) Councilman Arnerich stated that the City needs to apply pressure on Caltrans regarding the Bay Farm Island Bridge. (95-745) Councilman Arnerich requested an update on the houseboat in the Estuary. The City Manager reported on actions taken by agencies involved in the matter. (95-746) Councilman Arnerich stated that the gas station located at Buena Vista Avenue and Park Street is using restrooms for storage areas, and requested the City Manager to direct staff to investigate the matter. (95-747) President Appezzato announced that he received an anonymous telephone call regarding a nuisance property in the City, and requested that the City Manager have staff investigate the allegations. ADJOURNMENT p.m. (95-748) President Appezzato adjourned the meeting at 10:36 Respectfully sulmitted, DI E 13. IELSC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Regular Meeting, Alameda City Council December 5, 1995