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1998-04-07 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY - - - APRIL 7, 1998 - - - 7:05 P.M. Mayor Appezzato convened the Special Meeting at 7:05 p.m. Roll Call - Present: Absent: Councilmembers Daysog, DeWitt, Kerr Lucas and Mayor Appezzato - 5. None, The Special Meeting was adjourned to Closed Session to consider: (98-154) Conference with Legal Counsel - Existing Litigation; Name of Case: Creative Artist Network, Inc. v. Alameda Reuse and Redevelopment Authority, City of Alameda and Does-1- 50. Following the Closed Session, the Special Meeting was reconvened and the Mayor announced that Council gave instructions to the City Attorney. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:30 p.m. The a Act. ectfully submitted, sch, CMC Diane B. Fe City Clerk enda for this meeting was posted in accordance with Special Meeting Alameda City Council April 7, 1998 he Brown MINUTES OF THZ REGULAR CITY COUNCIL MEETING TUESDAY - - APRIL 7, 1998 - - 7:30 P.M. Mayor Appezzato called the meeting to order at 7:40 p.m.; stated Special Orders of the Day [Paragraph No. 98-155] should be addressed prior to the Housing Authority Board of Commissioners Meeting and the Community Improvement Commission Meeting. Councilmember Lucas so moved. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. Councilmember Daysog led the Pledge of Allegiance. Reverend Daniel Weller, Alameda Community Church gave the Invocation. ROLL CALL PRESENT: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. ABSENT: None. AGENDA CHANGES None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (98-155) Recognition of St. Joseph Notre Dame Men's Varsity Basketball Team for winning the North Coast Division I and NorCal Division Titles and reaching the State Championships. [Mayor Appezzato] Mayor Appezzato presented Certificates of Achievement to: the Men's Varsity Basketball Team: Rene Jacques, Ryan Franklin, K.J. Rosales, Julian Kline, Justin Davis, Edward McClendon, Grant Snell, Nate Murase, Kevin Butler, Raffy Pangilinan, Blandon Ferguson, Ray Young, Hondre Brewer, and Geral Lowe; Coaching Staff: Gordon Johnson, Calvin Byrd, and Charles Meyers; Trainer Tom Jacques; Managers: Christian Bowers, Manny Madlansacay, and Stephen Rodrigues; and Ball Boys: Ronald Lewis and Taylor Kees. Regular Meeting Alameda City Council April 7, 1998 * * * Following recognition of the Men's Varsity Basketball Team, the Mayor convened the Housing Authority Board of Commissioners Meeting. Following the Board of Commissioners Meeting and the Community Improvement Commission Meeting, the Mayor re- convened the Regular Council Meeting at 8:00 p.m. * ** (98 -156) Presentation, by the California Park and Recreation Society, of Excellence Awards for a Special Recreation Program (Day Camp) and for a Community Service Program (the Meyers House and Garden Museum). Mayor Appezzato accepted the Excellence Awards on behalf of the City. CONSENT CALENDAR Mayor Appezzato announced that the Consent Calendar item regarding unpaid recycling invoices [Paragraph No. 98 -160] would be pulled from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. [Items so approved are indicated by the asterisk preceding paragraph numbers.] ( *98 -157) Minutes of the Special and Regular City Council Meetings held on March 17, 1998. Approved. ( *98 -158) Recommendation to approve Waiver of Payment in Lieu of Taxes for Fiscal Year 1998 -1999. Accepted. ( *98 -159) Recommendation to authorize Amendment of the Condominium Acquisition Program Budget reflecting Program completion and actual expenditures. Accepted. (98 -160) Recommendation to approve a Procedure for collection of Unpaid Recycling Invoices and to authorize Public Works to initiate collection. Councilmember Lucas expressed concern regarding former tenants being reported to a collection agency. Waste Management Specialist Barbara Frierson stated tenants or property owners should notify the Company to discontinue service. Regular Meeting Alameda City Council April 7, 1998 Councilmember Kerr stated the Program is still in a shakedown period; the Company has been slowly changing the rules without notification; measures should be taken to ensure names are not given to collection agencies due to the shakedown period or changes in policy; tenants and property owners should be notified first. Mayor Appezzato suggested property owners be billed directly to enable owners to deal with tenants. The Waste Management Specialist responded directly billing property owners would require a change in the way that the Contract is administered, and possibly a change to the Municipal Code. Mayor Appezzato stated billing property owners would be better than sending out delinquent notices to everyone who does not want to pay their bill. Councilmember Daysog suggested educating residents by placing a notice in the Bureau of Electricity mailings for two consecutive months, and holding a community meeting on billing issues. The Waste Management Specialist stated options and billing information could be provided when service is set up. Councilmember Lucas stated there should be more educational outreach to people who are new to Alameda. Councilmember Kerr stated tenants are encouraged to use the recycling service through billings; if tenants were insulated from the recycling philosophy, recycling bins would be empty. The Waste Management Specialist stated press releases, newsletters, and public meetings are utilized to educate citizens. Mayor Appezzato stated only 46 accounts qualify for collection out of almost 21,000 accounts. Vice Mayor DeWitt stated there should be a City procedure to ensure accounts qualifying for collection are accurate and legitimate. Councilmember Lucas stated the Board of Realtors and rental agencies should be provided flyers on the recycling program. Councilmember Lucas moved approval of the staff recommendation with the caveat City staff verify monies owed. Councilmember Daysog seconded the motion. Under discussion, the Waste Management Specialist stated Council's comments on notification and educational outreach would be acted upon. Regular Meeting Alameda City Ccuncil April 7, 1998 (10 On the call for the question, the motion carried by unanimous voice vote - 5. (*98-161) Recommendation to authorize the Public Works Director to implement and administer two new Solid Waste Service Exceptions at Reduced Garbage Fees, and allocate Measure D Recycling Funds to finance the Program. Accepted. (*98-162) Resolution No. 12977, "Commending the East Bay Municipal Utility District on its 75th Anniversary, May 8, 1998, and Recognizing its Proud Past and Vital Future." [Mayor Appezzato] Adopted. (*98-163) Resolution No. 12978, "Authorizing Amendment to the Loan Interest Rate of the Cooperation Agreement Between the City and the Community Improvement Commission." Adopted. (*98-164) Resolution No. 12979, "Authorizing Open Market Purchase from Ameritech Pursuant to Section 3-15 of the Alameda City Charter, for an Integrated Information System for the Alameda Free Library. Adopted; and (*98-164A) Recommendation to authorize the City Manager to execute the Purchase Agreement between Ameritech Library Services, Inc,, and the Alameda Free Library. (*98-165) Ratified bills in the amount of $3,385,7o9.32. t t 4 IP 4 (98-166) Recommendation to accept report regarding Follow-Up Action Items for Warehouse at 1501 Buena Vista Avenue. [Held over from Regular Council Meeting held on March 17, 1998.] Councilmember Kerr moved that the Agenda Item under Council Communications regarding storage of toxic materials, ammunition and explosives [Paragraph No. 98-167] be moved forward and heard after the matter before the Council, since speakers were present for both agenda items. Councilmember Kerr recused herself from discussion. Vice Mayor DeWitt stated that he was in favor of moving the item forward if the City Manager and City Attorney state it is legitimate to do so. [No objections were heard from said officials] Councilmember Lucas seconded the motion. On the call for the question, the motion carried by unanimous voice vote - 5. Charles Ward, Alameda, stated JL Associates [JL] had been requested to look at their business and make a bargain; JL responded with a letter [dated March 2, 1998] to the Assistant City Manager on not Regular Meeting Alameda City Council April 7, 1998 storing ammunition; the Council and JL should be commended for taking said action; Council should request a letter [from JL] stating the company will not store hazardous waste; the increase in [truck] transportation traffic in the Buena Vista area is another issue; Council and the Police Department should get involved with the Highway Patrol and the Department of Transportation to do more spot checks on Buena Vista Avenue. Mayor Appezzato requested the City Manager to meet with Mr. Ward to discuss the April 7th letter. Steven Gerstle, Alameda, stated there is more truck traffic and hazardous driving in the area of Sherman Street/Atlantic Avenue/Buena Vista Avenue; there are large semi-trucks traveling 35-, 40-, 45-miles per hour; the intersection at Buena Vista Avenue and Sherman Street is extremely dangerous; and trucks ignore the "no through truck traffic" sign. The Chief of Police responded the area under discussion received an inordinate amount of attention by the Alameda Police Department; a number of citations were issued; other area of the City demand the Department's services as far as specific targeted traffic control and enforcement; there is zero tolerance in the Buena Vista Avenue area; a letter was addressed to each trucking company in the area; the Department will continue to be responsive to the Northside Homeowners Association. The Chief further stated spot checks must be in conjunction with the Highway Patrol. Councilmember Daysog inquired whether new signs could be provided in a timely fashion. The City Manager responded staff would analyze the matter of signage. Vice Mayor DeWitt stated the Weyerhaeuser Company is moving and truck traffic could change. The City Manager stated changes in truck traffic would depend upon the new tenant's use. Carl Halpern, Alameda, stated Council should oppose acceptance of the City Manager's report; the report seems to say problems at the Del Monte Cannery have been resolved; the agreement with JL Associates still leaves a number of issues unresolved and raises others; JL Associates should limit its storage use to furniture, computers and dry goods listed in their business application, and agree not to store combustibles, toxic chemicals and radioactive materials; the City should follow through and consider its seismic review of the plant and consider a seismic upgrade if hazardous materials are stored, the broader question should be addressed in a more systematic review of the City's ordinance related to the Regular Meeting Alameda City Council April 7, 1998 storage of hazardous materials in warehouses near residential areas. Frank Mataresse, Alameda, stated Council should consider whether JL Associates is the type of business Alameda wants to attract; Alameda is not a warehouse town or a heavy industry town; and the City's future must be addressed. Mayor Appezzato stated Council was active in bringing Ascend Communications, Wind River Systems and dozens of other industries into the community; to isolate JL Associates and indicate the Council has not been active is unfair. Councilmember Daysog stated the Council has been proactive in improving the City's business climate; rules must be fairly applied; there are degrees of hazards, including radioactive materials; there are regulations in place to deal with the storage and shipment of said materials. Carol Bernard, Alameda, stated, according to the Uniform Fire Code, radioactive materials should be stored in warehouses such as JL Associates, only if they are sealed in licensed instruments; if the staff report is accepted, Council should require a supplemental report dealing with the following: a published schedule of City inspections, e.g. fire-, building- and compliance inspections (truck travel); a description of litigation, if any, to lessen the impact of increased container truck traffic over City-owned and maintained streets; a formal agreement between the City and JL that radioactive materials will not be stored at the site; how the City will determine that a Use Permit is not required if placarded containers are parked outside the building; and assurance that the local fire and emergency personnel training is adequate. Councilmember Daysog stated that he spoke with 140 families in the vicinity of JL Associates [JL] and 20 families in the area of Washington School to get a perspective on the issue; attended the community meetings; concluded the matter of JL is about more than the storage of ammunition, hazards, and weapons; a 1994 national poll indicated Americans have more confidence in their own community: themselves; local government ranked seventh; the efforts and expectations of the community [Northside Homeowners Association] notwithstanding, JL remains a fact; under the rules and procedures, JL meets the requirements; the rules and procedures are the same for every business and person in town; without the rule of law, there is the risk of losing the thread which sustains and brings together the community; conversely, without community and volunteer efforts of its citizens, rules and laws would not be improved--a matter taken seriously by Council, staff, and neighborhoods as it relates to JL; JL has made an amendment: no storage of ammunition at the site; in regard to traffic, anyone, particularly Council, has the right to ask the City Manager for a Regular Meeting Alameda City Council April 7, 1998 report; there are rules, regulations and experts to deal the matters under discussion; in this instance, everyone is working together to improve the quality of life. Councilmember Lucas stated she understood the concerns of the neighborhood; attempts to regulate industry can scare businesses away; JL has been responsive to concerns and has addressed the matter of explosives; the City Manager will provide JL's letter, dated April 7, on the storage of radioactive material; quantities of radioactive materials will be minute and not designated hazardous by the Dept. of Transportation and other federal agencies; the federal government and State have regulations, and their expertise must be relied upon; local hospital services and industries should not be curtailed; Council is not in a position to provide a good ordinance regulating explosives and other hazardous products. Councilmember Lucas moved acceptance of the staff report. Vice Mayor DeWitt seconded the motion. Under discussion, Mayor Appezzato stated that he had been very concerned about the whole issue over the last five or six months; it seems the truth and facts had been skirted by rumor, innuendo and misinformation; when experts were brought together, there was distrust; Council must deal with facts presented and truth; the credibility of experts was challenged, including the Fire and Police Departments; when the truth came out, many neighbors previously upset, apologized; flyers were distributed which stated "these are the comments you are going to hear, but these are our responses"; in a democratic society, he found it very disturbing that there was no confidence in citizens to respond on their own; the whole issue mushroomed and dealt in fear, emotionalism, and attempts to split the community; that he is glad staff stood firm in giving what they thought were the best responses to the issue; if the community cannot believe in city staff and those they elected, they need to replace them; however, until that occurs, we should deal with the truth and facts of an issue. Vice Mayor DeWitt stated Alameda is a residential community and should continue to work in that direction; the City eventually will not have to deal with the problems that exist now; nuclear waste, explosives and hazardous materials are frightening words, nuclear material is nothing more than electronic tubes, optical and medical equipment; the use of the term nuclear material is a way of generating interest; when explosives are talked about, bullets are being discussed; no bullets have blown up lately, that he is in favor of accepting the staff report; the matter, he is sure, will be monitored in the future. On the call for the question, the motion carried by the following Regular Mecting Alameda City Council April 7, 1998 voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor Appezzato - 4. Noes: None. Absent: None. Abstentions: Councilmember Kerr - 1. * * * Mayor Appezzato called a recess at 9:10 p.m. Following the recess, the meeting was reconvened and the item removed from Council Communications was addressed. * * (98-167) Discussion, and request for off-agenda staff reports, on seismic standards for buildings in which toxic materials, ammunition and explosives are stored; storage of same near residentially zoned districts, public parks and schools; and stricter regulations for materials stored for short periods of time. [Councilmember Kerr] Carol Bernard, Alameda, stated the discussion over JL has shown that there are regulations which the City can impose; according to a report by Congress's Office of Technology Assessment, 62% of spill incidents are caused by human error; the City needs to make sure similar uses are not permitted in other warehouses without notice to the community; the initial reaction of the community was based on an article in the newspaper on JL, and there was no other information available; the City-wide concern should be regarding warehouses used in an unsafe manner endangering the City's neighborhoods. Carl Halpern, Alameda, stated citizens have a right to address their government about problems in the community; citizens who addressed Council [on said matter] focused on factual information; in a letter to Council, the City Attorney wrote: "this experience has highlighted some possible amendments to the City's regulatory process"; the question raised is does the City have regulations to deal with buffer zones for hazardous uses near residential neighborhoods; seismic requirements for warehouses storing hazardous materials should be examined; Council should take the opportunity to review use of facilities in a more systematic way. Bill Garvine, Executive Director, Alameda Chamber of Commerce, stated the City cannot take isolated instances and become fearful of non-factual analysis; risks are involved in everything in life; JL is a hero for moving in the direction the community wanted; the Chamber believes the City has outstanding public safety agencies with trustworthy professionals; State regulations which cross community lines are in place; the creation of differing regulations puts Alameda at a competitive disadvantage in terms of business attraction and retention. Regular Meeting Alameda City Council April 7, 1998 Councilmember Kerr explained that the matter before Council was intended for the Regular Agenda [versus Council Communications]; the item is under Council Communications whereby Council communicates with the public and makes requests of staff; stated the City is a tight, compact-island and has strong differing uses adjacent to one another; that cities in the Midwest have buffer zones. Councilmember Kerr reviewed the various historical uses of northern waterfront. Councilmember Kerr commented people address their government and ask questions in a democratic government; the United States has a great system which allows questions. Councilmember Kerr requested the City Manager to provide off-agenda reports on the last three items in Carol Bernard's letter, namely: 1) whether warehouses that store hazardous materials should be governed by seismic standards; and whether unreinforced masonry warehouses which store such materials should be required to be retrofit to strict standards; such regulations would not impact offices, homes or hospitals; regulations would address warehouses which have a peculiar exemption from seismic standards; that she is asking staff to review seismic standards which would be reasonable for warehouses which store hazardous materials; 2) examine buffer zones which could be required between the storage of hazardous materials, including ammunition and explosives, and residential districts, public parks, and schools; and 3) explore possible City controls of transport of hazardous materials which would not be preempted by federal regulation. Councilmember Daysog stated said matter should be reviewed in depth; staff and Council should understand the different degrees of hazardous materials; as staff moves forward, corresponding regulatory framework should be considered in the analysis. Fire Marshall Steve McKinley gave an overview of hazardous materials, and explained the Code governing hazardous materials. Councilmember Kerr stated that she is addressing the City's lack of seismic standards for warehouses and buffer zones; and when she disagrees with an individual, she addresses facts rather than accuses the individual of trying to split the City or spreading myth and innuendo. Councilmember Lucas stated speakers mentioned concern that warehouses should not exist in Alameda; warehousing is not a growing industry in Alameda; there are better [land] uses; that she will be requesting the City come up with work-live regulations for the Zoning Code. Mayor Appezzato stated that he initiated a meeting with Weyerhaeuser to discuss disposition of their property; thirty acres of blighted land are being turned into Wind River Systems campus; warehouses will probably be rezoned someday; the City has been Regular Meeting Alameda City Council April 7, 1998 proactive in turning blighted areas into productive projects and is on its way to establishing the community desired by residents; health and safety is paramount; the City Manager through various departments should ensure health and safety of neighborhoods and identify areas which need to be addressed by Council throughout the community. Councilmember Lucas moved acceptance of the communication. Councilmember Daysog seconded the motion. Councilmember Kerr stated action is not required; that she has made requests to the City Manager as is typical under Council Communications. (98-168) Recommendation to adopt Amendment No. 3 to Fiscal Year 1997-98 Community Development Block Grant (CDBG) Action Plan; adopt Fiscal Year 1998-99 CDBG Action Plan; and authorize execution of HUD Documents, City Grant Modifications and Agreements and Related Documents; and (98-168A) Recommendation to approve proposed FY 1998-99 CDBG Public Service Allocations [Social Service Human Relations Board]; and (98-168B) Adoption of Resolution No. 12980, "Recognizing the Important Role of CDBG Funds in Providing Services to Alameda Neighborhoods and Residents, Thanking Community-Based Organizations for Their Service to the Community Through the CDBG Program, and Designating April 6 - 12, 1998 as Alameda Community Development Week." Adopted. Mayor Appezzato stated [the City] will receive $1.4 Million in federal funding and will be used throughout the community. Councilmember Lucas inquired whether Sentinel Fair Housing was audited and if said audit was passed. The Community Development Director responded in the affirmative. In response to Councilmember Lucas's inquiry regarding Sentinel being listed in Alameda telephone directories, the Community Development Director stated many agencies, including the City, make referrals to Sentinel; and the Community Development Department will prepare an off-agenda report on the directories which should list Sentinel. Councilmember Lucas further inquired whether duplicate services were provided by the Rent Review Advisory Committee (RRAC) and Sentinel. The Community Development Director responded that the RRAC and Regular Meeting Alameda City Council April 7, 1998 Sentinel provide complimentary services; volunteers on the RRAC are not prepared to provide technical rights and responsibilities information to tenants and landlords; and Community Development could provide an off-agenda report on said matter. In response to Councilmember Lucas's inquiry regarding hiring a part-time employee to provide rental assistance services, the Community Development Director stated Sentinel staff holds weekly hours in Alameda; and when [Community Development] hired a part- time employee in the past, the level of expertise and ability to work with other agencies was not as great as contracting with an outside agency. Mona Breed, Sentinel Fair Housing, stated Sentinel is listed in one of Alameda's local telephone directories; most of Sentinel's work in Alameda is supported by a grant from HUD; due to large rent increases in the City, the number of calls from Alameda residents has tripled; at the end of the third quarter, 140% of contracted goals had been reached. In response to Councilmember Lucas's inquiry regarding Sentinel coming to Alameda, Ms. Breed stated landlord/tenant conferences have been held at the Red Cross; and a new location is being reviewed. Mayor Appezzato inquired whether Sentinel receives calls from property owners to which Ms. Breed responded Sentinel receives a large number of calls from landlords. In response to Councilmember Daysog's inquiry, the Community Development Director stated a list containing information on availability of public funds is not maintained by the City. Councilmember Daysog stated said list should be created. Bill Garvine, Executive Director, Alameda Chamber of Commerce, stated the Chamber makes two referrals to Sentinel per week; two of the directories in Alameda are under new ownership and might have not included Sentinel in err; Sentinel staff might be able to use the Park Street Business Association and Chamber office once every two weeks. Jim Franz, Alameda Red Cross, stated Red Cross is moving, however, Sentinel staff is welcome to continue conducting business at the Red Cross. Vice Mayor DeWitt inquired whether the Midway shelter would receive increased funding to allow extension of the shelter's hours of operation. The Community Development Director responded that the current Regular Meeting Alameda City Council April 7, 1998 operator of the shelter is making progress to extend weekend hours and beginning fund raising efforts; and explained that the Community Development Department and the SSHRB try to balance services in the CDBG Budget; if additional funds are allocated to one agency, funds will be taken away from another. Councilmember Daysog moved adoption of Amendment No. 3 to Fiscal Year 1997-98 Community Development Block Grant (CDBG) Action Plan; adoption of Fiscal Year 1998-99 CDBG Action Plan; and authorization for the City Manager to execute HUD Documents, City Grant Modifications and Agreements and Related Documents. Vice Mayor DeWitt seconded the motion. In response to the Mayor's request, the Community Development Director gave a brief overview of the One-stop Career Center. Mayor Appezzato inquired on the rationale behind providing monetary assistance to renters. The Community Development Director responded that targeting rehabilitation funds for rental occupied housing does two things: 1) conserves the existing housing stock, and 2) assists landlords with affordable financing to prevent the escalation of rents when a large Capital Improvement is necessary. Councilmember Daysog amended his motion to include approval of the proposed FY 1998-99 CDBG Public Service Allocations; and adoption of a Resolution Recognizing the Important Role of CDBG Funds in Providing Services to Alameda Neighborhoods and Residents, Thanking Community-Based Organizations for Their Service to the Community Through the CDBG Program, and Designating April 6 - 12, 1998 as Alameda Community Development Week. Vice Mayor DeWitt concurred with said amendment. On the call for the question, the motion carried by unanimous voice vote - 5. (98-169) Recommendation to approve new Amnesty Program to encourage voluntary legalization of undocumented construction. Mayor Appezzato thanked the Citizens Committee for Undocumented Construction for its efforts. Councilmember Kerr stated that she was concerned about the component which states: undocumented dwellings may be legalized if they have been occupied within five years prior to the date of application into the program, and inquired whether the City would check if units were added since Measure A (1973). Regular Meeting Alameda City Council April 7, 1998 0 The Building Official responded the plan is to identify date of construction; whenever a unit is constructed, it must comply with the rules in effect at the time of original construction; a third dwelling unit developed prior to 1973 would be recognized. Councilmember Kerr stated the City's building permit records are brief and sometimes non-existent, and inquired whether staff provided a provision for reimbursements. The Building Official stated staff would deal fairly with cases for which records are inadequate, and perhaps consider refunds. In response to Councilmember Kerr's concern that a duplex or triplex would be suddenly identified by the City as a single family dwelling, the Building Official stated the City would be fair. The Building Official added that the County was a good source for verifying records. Councilmember Kerr commented that the City should come up with a solution. In response to Councilmember Daysog's comments on the purpose of the program, the Building Official stated the program is to allow property owners to voluntarily legalize buildings and/or work on buildings; the program benefits people who own buildings constructed in the past; it is proposed to be a two-year program; Council has the ability to grant program extensions in the future. In response to Councilmember Kerr's concern regarding brief descriptions for extensive rehabilitation of existing properties in the City's records, the Building Official explained the process and/or formula used to extrapolate information. Mayor Appezzato reviewed the purpose of the program; stated there would be exceptions no matter how the program is legislated; if staff encounters problems, the matter could be brought to the City Council for resolution; and the program benefits homeowners. Gerhard Degemann, Alameda, addressed Councilmember Kerr's comments regarding duplex/triplex dwellings identified by the City as single family dwellings. The Mayor stated the City should deal with the issue fairly; and if necessary, the matter brought to the City Council for a ruling. Councilmember Kerr agreed citizens should be allowed to bring such matters to the City Council; stated she was not suggesting people should be rewarded for illegal units. Councilmember Lucas moved approval of the staff recommendation. Regular Meeting Alameda City Council April 7, 1998 Under discussion, Councilmember Kerr inquired whether the motion included allowing Council to address disputes. The City Manager stated staff should review said matter and report back to the Council. Councilmember Kerr suggested the motion be phrased to include an appeal process designed by the City Attorney. The City Attorney inquired whether Council was proposing mediation or an appeal process. Councilmember Kerr and Mayor Appezzato agreed an appeal process was desirable. Mayor Appezzato noted only major issues should be brought to the Council for resolution. The Building Official stated building permits have been required since 1909; technically, a permit is required for every alteration; the reality is some records have been misplaced, lost, etcetera; the Building Records need to be the source for what is legal; if the County's records do not agree with the City's records, a property owner could go through the Amnesty Program. The City Attorney stated a board of appeals hears appeals of discretionary actions of the Building Official; what is being discussed appears to be akin to that, an appeal from a discretionary action of the Building Official; the Council has an existing board: the Housing and Building Code Hearings and Appeals Board. The Building Official stated there is no specific appeal from the Housing and Building Code Hearings and Appeals Board to the Council; however, the reality is if anyone exhausts the remedies and is dissatisfied, they very well may appeal to the Council. Mayor Appezzato questioned the possibility of an appeal from that Board. The City Attorney responded Council could specify an appeal process; the authority of the Board could be empowered to include appeals from the discretionary action of the Building Official as applies to amnesty, in addition to interpretations of the Building Code; then, if desired, there could be some type of further appeal structured for the City Council in terms of certain types of disputes. Councilmember Lucas questioned whether an individual dissatisfied with the Amnesty Committee's decision could appeal to the Board. Regular Meeting Alameda City Council April 7, 1998 The Building Official stated staff would administer the program; an individual dissatisfied with staff's discretionary decision regarding a determination of unit(s) could appeal to the Board. In response to Councilmember Lucas's inquiry whether staff could determine the legality of a unit based upon property taxes paid and the number of utility hook-ups, the Building Official stated the Amnesty Program would be included in the process. Councilmember Kerr stated the Amnesty Program is a very expensive process; there have been complaints in cases where people thought they had legal units and were suddenly thrown into the Amnesty Program; people were made to come up to current Code, not the Code when change(s) were made; everyone should be treated equally; appeals should be addressed by the Building Appeals Board, and if not satisfactory, brought to the City Council. The City Attorney stated the Housing and Building Code Hearings and Appeals Board's decisions are final, unless Council entertains an amendment. Councilmember Lucas stated that she has never received a complaint regarding a Building Appeals Board's decision; there have been complaints about the expense; and Council should not be burdened with more emotional appeals. Mayor Appezzato stated the program is voluntary; that he has never received a complaint. Councilmember Kerr stated some people have been unhappy with the Building Appeals Board, and felt they had no place to go. Councilmember Lucas moved approval of the staff recommendation, Councilmember Daysog seconded the motion. Mayor Appezzato stated part of this package is [for individuals] to go to the Appeals Board if they are unhappy, and inquired whether that was correct. City Attorney responded if that is what the maker [Councilmember Lucas] of the motion wants to include as an amendment. Councilmember Lucas responded in the affirmative. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. Councilmember Kerr stated the Program, as it stands, contains too many holes. Regular Meeting Alameda City Council April 7, 1998 ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (98-170) Bill Garvine, Executive Director, Alameda Chamber of Commerce, reviewed an article in the April 6, 1998 issue of Silicon Valley Tech Week which discussed Alameda's assets and listed technology companies located in the City. COUNCIL COMMUNICATIONS (Communications from Council) (98-171) Mayor Appezzato stated that he received two telephone calls from the Secretary of the Navy and requested the City Manager to make an announcement regarding the calls. The City Manager stated after being lobbied by Maritime Administration, the Navy denied the Department of Transportation's request to berth two merit ships at the FISC site; and [the City] will be handling 280 air emission permits which are bankable-, marketable permits useful to the redevelopment of Alameda Point; approximately $250,000 will be used to discharge particulate into the air at Alameda Point. (98-172) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Appezzato nominated Paul L. Fossum for appointment to the Planning Board. (9 -173) Discussion on Boards, Commissions, and Public Service Organizations providing five-minute presentations at City Council meetings. [Mayor Appezzato] Mayor Appezzato requested the City Manager and City Clerk to schedule Boards and Commissions to occasionally present five-minute informational briefings which highlight work being done; organizations, such as the Kiwanis Club, working on projects for the good of the City should also be invited to make presentations. (98-174) Discussion on youth organizations presenting Colors and leading Pledge of Allegiance at City Council meetings. [Mayor Appezzato] Mayor Appezzato stated that he spoke with the Boy Scouts regarding presenting the Colors at City Council Meetings; other youth groups should be included to allow youth to get acquainted with the City and government. (98-175) Announcement of the City's Substantial Rehabilitation Program qualifying as a Finalist for the U.S. Conference of Mayors' 1998 City Livability Awards Program. [Mayor Appezzato] Mayor Appezzato announced that the City Manager and Community Regular Meeting Alameda City Council April 7, 1998 Development Director submitted the City's Substantial Rehabilitation Program to the U.S. Conference of Mayors; the City has been selected as one of the top twenty in the Nation; in June, the top five will be selected. * * * The discussion on seismic standards for buildings storing hazardous materials was moved from Council Communications to the Regular Agenda. [See Paragraph No. 98-167.] * * * (98-176) Councilmember Daysog stated that he read an article in the San Francisco Examiner Newspaper on future base closures and an article in the Alameda Journal newspaper on forward movement at the FISC site; requested the City Manager to prepare an off-agenda report, which includes Catellus's viewpoint, on community involvement in the [redevelopment] process; said report should address whether the community will be involved in the process in stages or all items will be addressed at one time. (98-177) Councilmember Daysog requested an off-agenda report from the City Manager on the impact of State Legislation on CalPers ability to provide health care benefits for domestic partners. (98-178) Councilmember Lucas requested that priority be given to drafting a zoning ordinance on live-work property. (98-179) Councilmember Kerr requested the City Manager to provide an off-agenda report on the formation of a PAC [Project Area Committee] addressing whether the promise given to a resident was membership on a PAC as defined by California Redevelopment Law; formation of said Committee would change the power of the Community Improvement Commission because a super majority is required to override PAC recommendations. (98-180) Councilmember Kerr stated, with regard to the U.S. Conference of Mayors award [Paragraph No.lna], that she is always hoping Alameda will receive an award; she is glad Alameda is getting recognition; however, it should be pointed out that substantial rehabilitation is the word used for adding units to existing property, otherwise known in Alameda as infill. Councilmember Daysog stated the precise and legal definition of substantial rehabilitation is based on a dollar threshold, not really the addition of units. Councilmember Kerr stated the Community Development Director explained the meaning of substantial rehabilitation is adding units. Regular Meeting Alameda City Council April 7, 1998 Mayor Appezzato stated the award would be accepted if Alameda receives it. (98-181) Vice Mayor DeWitt stated regarding the Mayor's request for Board and Commission presentations [Paragraph No. 175], that he recommends the Public Utilities Board be the first Board to make a five-minute presentation on deregulation at the next City Council meeting. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Council meeting at 11:10 p.m. spectfully submitted, Of D ne B. Fe sch, C C City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council April 7, 1998