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1997-06-17 Minutesp SPECIAL MEETING OF CITY COUNCIL TUESDAY- - -JUNE 17, 1997- - -6:50 P.M. Mayor Appezzato called the meeting to order at 6:50 p.m. ROLL CALL: Present: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. Absent: None. The special meeting was adjourned to Closed Session to consider: (97-313) Personnel Matters, and Conference with Legal Counsel - Existing Litigation. Following the Closed Session, the Special Meeting was reconvened and Mayor Appezzato announced regarding Personnel Matters, Council took no action; and regarding Existing Litigation, Council discussed Murphy v. City case and gave instructions to the City Attorney. There being no further business before the City Council, Mayor Appezzato adjourned the Meeting at 7:40 p.m. Respectfully Submitted, ao Diane B. Felsch, CMC City Clerk Public notice for this meeting was given in accordance with the Brown Act. Special Meeting Alameda City Council June 17, 1997 MINUTES QF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL TUESDAY JUNE 17, 1997 The meeting was convened at 8:04 p.m. with Mayor Appezzato presiding. Councilmember Kerr led the Pledge of Allegiance. ROLL CALL - PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and Mayor Appezzato - 5. ABSENT: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (97-314) Presentation of Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association to the City of Alameda for Its Comprehensive Annual Financial Report for the FY Ending 6/30/96. Mayor Appezzato read the Certificate of Achievement and presented it to the Finance Director. * * * Mayor Appezzato announced that he received a special request from a citizen to speak under Oral Communications at this time. Councilmember Lucas so moved. Motion carried by Council consensus. ORAL COMMUNICATIONS, NON AGENDA (97-315) Martin Schaaf, Alameda, stated that he was present to address numerous civil rights violations in Alameda; that the Alaska Gas Station reopened without disability access, Java Rama and several other businesses in the area have accessibility problems that have been going on for approximately two years without much resolution; the Chiropractor's office [located in the same vicinity as Java Rama] has been asking him to give input because they are frustrated in trying to get their landlord to do accessibility modifications; the City needs to pay attention to the pattern of on-going discrimination in town; and he has a proposed ordinance for the City, which has no economic costs to the City. The City Manager stated that Council may wish to refer the matter to the Committee for the Disabled. * * * CONSENT CALENDAR Mayor Appezzato announced that the Resolution to Apply for Regional Regular Meeting Alameda City Council June 17, 1997 Measure 1 - 3% Funds for Operating Subsidy for the Alameda/Oakland Ferry Service was pulled from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. (*97-316) Minutes of the Special and Regular City Council Meetings held on May 20, 1997. Approved. (*97-317) Report from the Public Works Director recommending Award of Contract in the amount of $189,843.64 to Rubicon Programs, Inc. for Landscape Maintenance of Median Strips and Special Areas for the Fiscal Year ending June 30, 1998, No. P. W. 03-97-05. Accepted. (*97-318) Report from the Public Works Director recommending Award of Contract in the amount of $143,488.25 to Total Tree Care for Pruning Trees within the City of Alameda, for the Fiscal Year ending June 30, 1998, No. P.W. 03-97-06. Accepted. (*97-319) Report from Public Works Director recommending Award of Contract in the amount of $344,178 to Ransome Company for Repair and Resurfacing of Certain Streets, Phase 18, No. P.W. 04-97-08. Accepted. (*97-320) Report from Public Works Director recommending Adoption of the Plans and Specifications and Authorization to Call for Bids for Mastick Senior Center Accessibility Improvements Project, No. P.W.A. 01-97-01. Accepted. (*97-321) Report from Public Works Director recommending Adoption of Plans and Specifications and Authorization to Call for Bids for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, and Driveway for the Fiscal Year Ending June 30, 1997, No. P.W. 06-97- 12. Accepted. (*97-322) Report from the Public Works Director recommending Adoption of Plans and Specifications and Authorization to Call for Bids for Minor Street Patching with Asphalt Concrete for Fiscal Year Ending June 30, 1998, No. P.W. 06-97-13. Accepted. (*97-323) Report from Finance Director regarding Local Government Property Tax Restoration. Accepted. (*97-324) Report from Finance Director regarding 1997-98 Out-of- Town Travel; and Report from Public Utilities Board Chair recommending Council approval of the Bureau of Electricity Travel Budget for FY 1997-98. Accepted. Regular Meeting Alameda City Council June 17, 1997 (*97-325) Resolution Establishing Guidelines for Reimbursement of Per Diem Allowance for City of Alameda Business Travel. Adopted Resolution No. 12886. (*97-326) Resolution Amending Conflict of Interest Code by Amending Paragraph Two of Resolution No. 9460 Relative to Disclosure Positions and Disclosure Categories and Rescinding Resolution No. 12790. Adopted Resolution No. 12887. (97-327) Resolution Authorizing the City Manager to Apply for Regional Measure 1 - 3% Funds for Operating Subsidy for the Alameda/Oakland Ferry Service and to Enter into All Agreements Necessary to Secure These Funds. William McCall, Sr., Alameda, stated that the City is circumventing Section 12.5 of the City Charter; he believes the City is really in the ferry business, even though the City is contracting; the City Charter should be changed to get rid of Sec. 12.5. Mayor Appezzato stated that the City Attorney should look at the matter for consideration at a future Council Meeting or an off- agenda report. The City Attorney stated that there is a Charter revision being currently analyzed by the Bureau of Electricity to explore amending that particular section [of the City Charter]. Councilmember Daysog moved acceptance of the report and adoption of the Resolution No. 12888. Councilmember Kerr seconded the motion. Under discussion, Councilmember Kerr requested an off-agenda report on the status of the City's future Alameda/Oakland Ferry; she stated the City was applying for funds to buy a ferry, and Council was informed that the Blue and Gold Fleet was going to run a regular ferry service and retain ownership; the report before Council indicates there is discussion on a lease purchase for said service; and she believes there should be a marine survey before getting into any posture to buy a ferry. On the call for the question, the motion carried by unanimous voice vote - 5. (*97-328) Resolution Authorizing State-Local Agency Agreements with Caltrans for Federal Congestion Mitigation Air Quality (CMAQ) Funds for Design and Construction of Revised Version of Webster Street/Eighth Street Project. Adopted Resolution No. 12889. (*97-329) Bills for ratification. Ratified bills in the amount of $1,515,218.94. Regular Meeting Alameda City Council June 17, 1997 REGULAR AGENDA ITEMS (97-330) Public Hearing to Establish Proposition 4 Limit (Appropriation Limit) for 1997-98 City of Alameda's Spending Limitations; and Resolution No. 12890, Establishing Appropriations Limit for 1997- 98. Adopted. Councilmember Lucas moved adoption of the resolution. Councilmember Kerr seconded the motion. Under discussion, Vice Mayor DeWitt stated that the City's limit is $47 Million, the budget being proposed is $32 Million, and the City is well under the maximum spending amount. On the call for the question, the motion carried by unanimous voice vote - 5. (97-331) Public Hearing to consider the Rezoning of a Certain Property within the City of Alameda from R-1 (One Family Residence District) to R-1-PD (One-Family Residence, Planned Development) by amending Zoning Ordinance No. 1277, N.S., for that Property Located at 3241/3243 Garfield Avenue. Applicant: Dennis and Natalie Fay; and Introduction of a Ordinance Reclassifying and Rezoning Certain Properties within the City of Alameda by amending Zoning Ordinance No. 1277, N.S., for that Property Located at 3241/3243 Garfield Avenue. Mayor Appezzato opened the public portion of the Hearing. There being no speakers, the public portion of the Hearing was closed. Councilmember Lucas moved approval of the recommendation to introduce the ordinance. Councilmember Daysog seconded the motion. Under discussion, Councilmember Daysog stated that most of the residents in the area are not intimated by the project, however, there are several concerns: off-street parking and control over in-law units. The Planning Director stated the Planned Development is contingent upon the rezoning which has a condition that a third off-street parking space be created along side the driveway; that there are opportunities to add on to those homes which are rental properties; Regular Meeting Alameda City Council June 17, 1997 2 to meet needs, owners will have opportunities to modify homes; the conditions which are set out in the Planned Development allow extremely narrow additions, and anything more extensive would require Planned Development approval with a Public Hearing before the Planning Board, and notification to the neighbors. Councilmember Kerr stated the State law which will be reflected in the City's new Development Code allows separate secondary dwellings to be built in R-1 zones, and Council should receive a report prepared by either the Planning Director or the City Attorney, or perhaps both, on restrictions to prevent subdivisions in R-1 zones- -she foresees a crowding of existing R-1 neighborhoods. The Planning Director responded that the current recommendation within the Draft Development Code is to continue the provision of only allowing accessory apartments that are attached, as required by State law; she is not aware that State law requires the City to permit detached apartments; and the City could impose a requirement that a second unit approved under a Use Permit remain a rental unit in perpetuity. Following the Planning Director's comments, Councilmember Kerr stated the subdividing she was concerned about would be prevented and thanked the Planning Director for the explanation. Councilmember Daysog noted that splitting these parcels increases homeownership. On the call for the question, the motion carried by unanimous voice vote - 5. (97-332) Public Hearing to consider Sidewalk Repair Report; and a Resolution No. 12891, "Imposing Liens and Establishing Interest Rates on Amounts Owed by Property Owners Who Have Failed to Pay Sidewalk Repair Assessments." Adopted. Mayor Appezzato opened the public portion of the Hearing. There being no speakers, the public portion of the Hearing was closed. Councilmember Lucas moved adoption of the Resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (97-333) Report from Community Development Director recommending Council approval of the Countywide Continuum of Care Plan in Concept; designate a Representative to serve on the Countywide Continuum of Care Council; and endorse a Public Work Session to Regular Meeting Alameda City Council June 17, 1997 review the Plan and develop a Position Statement. The City Manager announced the item was withdrawn from the Agenda. Councilmember Kerr so moved. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-334) Report from Public Works Director regarding response to a letter, dated May 13, 1997, from State Assemblyman Gary Miller regarding State Transportation Improvement Program (STIP) Funding. Neil Patrick Sweeney, Alameda, stated that ferry service is an important resource and commented on various newspaper articles addressing said matter. Councilmember Lucas moved approval of the recommendation authorizing the Mayor to send a letter to Assemblyman Miller opposing the elimination of STIP funding. Councilmember Daysog seconded the motion. Under discussion, Councilmember Daysog stated that when requests from State legislators for support of certain Bills are presented to the Council, non-partisan views should be included in Council's material. On the call for the question, the motion carried by unanimous voice vote - 5. (97-335) Report from Public Works Director providing additional information associated with HydroCraft. Mayor Appezzato stated he has serious concerns regarding hydrocraft. Councilmember Lucas stated that hydrocraft should be limited to lakes and lagoons at this point. Vice Mayor DeWitt stated that Council may wish to vote on the matter following a demonstration. Mayor Appezzato concurred. Councilmember Kerr stated that she would support Vice Mayor DeWitt's suggestion; she has serious safety concerns. Councilmember Kerr moved the matter be held over. Vice Mayor DeWitt seconded the motion. Regular Meeting Alameda City Council June 17, 1997 Under discussion, Councilmember Lucas stated the Public Works Department is applying for Grant, and that the Grant could be gone by the time a demonstration is held. The Acting Public Works Director stated if the Hydrocraft is not selected, the City will not be able to apply for any other projects and the monies will go away. The City Manager noted that the City could decline the Grant if awarded, irrespective of the demonstration. On the call for the question, the motion carried by unanimous voice vote - 5. (97-336) Report from Recreation and Park Director recommending approval to adopt a Policy on funding for City Cultural Organizations. (Councilmember Lucas) William McCall, Sr., stated he does not believe in using taxpayers' money for private organizations which should fund themselves. Neil Patrick Sweeney, Alameda, commented on the importance of supporting cultural organizations. Don Roberts, Alameda, stated if cultural funding is available, Council should place a maximum limit of $22,000 to $25,000; and organizations should be required to follow the process outlined in the report. Allen Derr, Alameda, stated that he favors the proposal, funding should be available in two-year cycles, and the criteria should include organizations' financial plans. Councilmember Lucas stated that the proposed policy is fair, she will support it, and [selection] criteria should include organizations' proposed budgets. Mayor Appezzato suggested that the [selection] criteria include business plans. The City Manager stated he would characterize a budget which identifies the portion of the budget impacted by the City's contribution; and, prospectively, what services or programs could not be provided if the Council chose not to make a contribution. Mayor Appezzato suggested that the Recreation Commission inake the selection. Councilmember Daysog inquired whether the proposal would preclude Council from moving forward on the Alameda Historical Museum's request for $38,000 for rent [See FY 1997-98 Operating Budget]. Regular Meeting Alameda City Council June 17, 1997 25 Councilmember Lucas stated the policy under discussion could not be implemented until 1998. Councilmember Kerr stated a structure is needed to apply for cultural grants from other sources, and that the proposal before Council would evaluate the needs of the City as a whole. Vice Mayor DeWitt stated the City does not have the funds to finance the various cultural groups, and the proposed policy will encourage groups to apply for City money, which is not available, to assist their programs, inviting unnecessary applications. Mayor Appezzato stated that he would support Councilmember's Lucas's recommendation, and [Kerr's] suggestion that grant monies be sought. Councilmember Lucas moved adoption of the Policy with the addition of requiring a budget, and that decisions be made by the Recreation Commission. Councilmember Daysog seconded the motion, which carried 1Dy the following voice vote: Ayes: Councilmembers Daysog, Kerr, Lucas and Mayor Appezzato - 4. Noes: Vice Mayor DeWitt - 1. ,Ic** Council recessed at 8:57 p.m. and reconvened at 9:13 p.m. *** (97-337) Resolution No. 12892, "Approving and Adopting the Operating Budget and Capital Improvements for Fiscal Year 1997-98, and Appropriating Certain Moneys for the Expenditures in Said Fiscal Year." Adopted. Bruce Reeves, President, Alameda Historical Museum, stated that the Museum is again requesting funding for rent: $38,500, supports proposal for a policy on funding for cultural organizations, and wants to become self-sufficient. Mr. Reeves submitted a Petition in support of the Museum. Neil Patrick Sweeney, Alameda, expressed support of the Museum. Jackie Green, Alameda Historical Museum, read a letter in support of the Museum from Nilda Rego, Newspaper Columnist, and Past President and Current Secretary of the Board of Directors of the Contra Costa Historical Society. Don Roberts, Alameda, stated that the Museum was suppose to report to the City Council on how it reduced, or eliminated, the need for Regular Meeting Alameda City Council June 17, 1997 6 City funding, numerous private non-profit cultural organizations are not awarded money by the City, it is inappropriate to not have guidelines for making awards; and there should be a specific amount of money, $25,000, for funding of cultural organizations. SLeve Zimmerman, Alameda Historical Museum, stated that the Museum serves the City well, it has become a citizen resource- participation-, and positive action- center; and urged the City Council to vote for the money that the Museum needs to survive. Marylin Weidler, Alameda Historical Museum, read letter of support for the Museum from a local school teacher. Wanda Thatcher, Teacher, read letters of support for the Museum. Dian McPherson, Alameda, read a letter from local historian Woody Minor in support of the Museum. Robbie Dileo, Alameda Historical Museum, urged the Council to approve the Museum's budget request. Jim Korn, Alameda Historical Museum, read letters of testimony attesting to the value of the Museum. Floyd Hibbitts, Alameda Historical Museum, urged the Council to support the request for funding; stated that the Museum is willing to consider the Veterans Memorial Building as a permanent residence, however, until that time it needs the City's help. Carol Gottstein, M.D., former Alameda Historical Museum Board Member, stated she was disturbed with Museum finances she observed, the former Council stated an audit would be a condition of renewing the stipend to the Museum; as recently as 1994, the Museum's tax return was sent back because it was an unacceptable periodic report to the Attorney General Registry of Charitable Trusts; and the Museum is a public organization, not a private non-profit organization. Kevin Kearney, City Auditor, stated an audit was performed on the City's monies provided for rent, that the monies went for rent, and the Museum did adhere to procedure. Mayor Appezzato closed the public portion of the discussion. Councilmember Daysog stated perhaps base conversion legislation can be changed to provide special dispensation for base conversion- impacted cities to eliminate the matching funds requirement, and suggested that the City Manager prepare a letter for Council review. The City Manager stated that the matter could be discussed with Regular Meeting Alameda City Council June 17, 1997 Congressman Dellum's Office to determine whether that would be an effective approach. In response to Councilmember Kerr's inquiry regarding Proposition 218 and incurred obligations for debt; e.g., Utility Users Tax for City Hall renovation, the Finance Director stated that the Utility Users' Tax increase in May, 1995 was approved as a General Tax, not a dedicated Tax. In response to Councilmember Kerr's inquiry concerning the General Plan Update/Housing Element/Supplemental EIR, the City Manager stated that the Supplemental EIR is associated with updating and possible modification of the Housing Element. In response to Councilmember Kerr's and Mayor Appezzato's inquiries regarding Pension Plan 1079, the Finance Director stated that Pension Plan 1079 is a closed ended fund, the Plan was approved by the voters in the 1950's, there are no contributing members, there are approximately 90 surviving retirees and beneficiaries collecting pensions, an actuarial study was done, the maximum impact to the General Fund is $3 Million, and in order to collect an override, the matter must be voted on again. Councilmember Daysog moved acceptance of the budget. Councilmember Lucas seconded the motion. Under discussion, Councilmember Daysog stated it is worth spending .01% of the City's budget on cultural and historic activities, Alameda cares about its history, and he has no qualms in providing the funding for the Alameda Historic Museum. Councilmember Kerr stated the Alameda Historical Museum was told to establish a plan to pay part or all of their rent this year, and she is concerned that they did not live up to the agreement by which they accepted the money last year. Mayor Appezzato stated the City committed itself to the Museum to some degree in 1951, the City has committed itself to the Museum over the last forty years, it represents a part of the community, and he will support the budget. Vice Mayor DeWitt stated that he looks forward to many more wonderful accomplishments of the Museum. Mayor Appezzato stated that he would like the staff to look at finding a permanent home for the Museum; e.g., Veterans Memorial Building, the Medical Building that the County presently occupies; there should be a dedicated effort to provide a location for the Museum free of cost, and staff should report back if there are any possibilities. Regular Meeting Alameda City Council June 17, 1997 2F.: 8 On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Lucas, Vice Mayor DeWitt and President Appezzato - 4. Noes: Councilmember Kerr - 1. ORAL COMMUNICATIONS, NON AGENDA (97-338) William McCall, Sr., Alameda, stated that the Citizens' Recycling Committee Meeting was well attended on June 13, although that date was Graduation Day, Father's Day weekend, etc. Mr. McCall reviewed the Agenda for the next Committee Meeting, stated that certain Committee Members are still supporting the placement of the fee on the Property Tax bills, and that citizens should attend the Meeting on June 18. (97-339) Neil Patrick Sweeney, Alameda, discussed various base reuse issues. (97-340) Carol Gottstein, M.D., stated that the Alameda Historical Museum needs a good system of checks and balances written into its by-laws. Mayor Appezzato suggested that Carol Gottstein meet with the Finance Director and City Auditor to share her thoughts. (97-341) Marlene Davis, Alameda, stated she is concerned that Code Enforcement Officers are ticketing and/or removing cars on lawns; also that the person who gave a donation to the Robert Lippert Foundation is withholding money from Estate. Mayor Appezzato responded that the City Attorney would contact Ms. Davis on both issues. COUNCIL COMMUNICATIONS (Communications from Council) (97-342) Councilmember Lucas requested an update, off-agenda, on the status of the design guidelines. In addition, Councilmember Lucas requested a copy of the City of Tiburon's design guidelines and sign ordinance. (97-343) Vice Mayor DeWitt stated that across the street from the 1916 Webster Street development [Browman Development] is a used car lot which needs to be cleaned up, and he would like the City to look at whatever procedures are available to clean it up. (97-344) Consideration of the Civil Service Board. Mayor Appezzato nominated the Civil Service Board. (97-345) Consideration of Regular Meeting Alameda City Council June 17, 1997 Mayors nomination for appointment to Dominador Dicolen for reappointment to Mayor's nominations (3) for appointment to the Historical Advisory Board. Mayor Appezzato nominated Jerry Jacoptti for appointment to the Historical Advisory Board. (97-346) Consideration of Mayor's nominations (2) for appointment to the Housing Commission. Mayor Appezzato nominated incumbent Lou Baca as a Member at Large Member and Carmen Britter as Senior Tenant Member for appointment. (97-347) Consideration of Mayor's nominations (2) for appointment to the Library Board. Mayor Appezzato nominated Susan Correa and Nancy Lewis for reappointment to the Library Board. (97-348) Consideration of Mayor's nominations (3) for appointment to the Planning Board. Mayor Appezzato nominated Stephen Fee and Ronald Rossi for reappointment to the Planning Board. (97-349) Consideration of Mayor's nomination for appointment to the Public Utilities Board. Held over. (97-350) Consideration of Mayor's nominations (3) for appointment to the Social Service Human Relations Board. Mayor Appezzato nominated Edwin Dankworth, incumbent Noel Folsom, and Ken Werner for appointment to the SSHRB. ADJOURNMENT There being no further business before the City Council, Mayor Appezzato adjourned the meeting. Councilmember Daysog announced that he had one item under Council Communications. (97-351) Councilmember Lucas moved that Council reconvene the meeting. Councilmember Kerr seconded the motion. Don Roberts, Alameda, stated that the meeting could not be reconvened and Council should seek advice from the City Attorney. The City Attorney stated it was an inadvertent quick statement of adjournment [by the Mayor], and the Mayor did not intend to adjourn prior to Councilmember Daysog speaking. She further stated that Regular Meeting Alameda City Council June 17, 1997 2,16 the Rules of Order adopted by Council state Robert's Rules of Order are to be used as a guideline, thus the Mayor may recant his inadvertent one word and state that the meeting was mistakenly adjourned. Mayor Appezzato stated that he made a mistake and he apologizes to Councilmember Daysog. On call for the question, the motion carried by unanimous voice vote - 5. COUNCIL COMMUNICATIONS (97-352) Councilmember Daysog stated that a few people on Garfield Avenue have indicated concern regarding overhead aircraft, and he would like to be informed on what steps are being taken to address said issue and within what timetable. Councilmember Daysog further stated that a report should be provided to Council for action. Mayor Appezzato stated that a report on the summit would be helpful also. (97-353) Councilmember Kerr stated that a number of times people refer to a woman on the Council as Councilperson or Councilwoman; she knows it is done out of courtesy, however, the City Charter calls them all Councilmembers, and that is the title she prefers. READJOURNMENT (97-354) Mayor Appezzato adjourned the meeting at 10:30 p.m. in memory of Lee Kilmartin, an Alameda actor. Respectfully submitted, D ANE B. FELSCH, C C City Clerk The Agenda for this meeting was posted in advance and in accordance with the Brown Act. Regular Meeting Alameda City Council June 17, 1997