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1996-03-05 MinutesMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL MARCH 5, 1996 The meeting covened at 7:00 p.m., with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. ABSENT: Councilman Arnerich - 1. 3. (96-105) Adjournment to Closed Session to consider: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9. Number of Cases: 1 Announcement of Action Taken in Closed Session: Following Closed Session, the Special Meeting reconvened and President Appezzato announced that Council discussed the claim against the City and that no action was taken. Adjournment The meeting was adjourned at 7:15 p.m. ectfully submitted DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting, Alameda City Council March 5, 1996 1 MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL MARCH 5, 1996 The meeting convened at 8:56 p.m., with Mayor Appezzato presiding. Reverend Lois "Suji" Hochenauer, Home of Truth Spiritual Center, gave the invocation. PRESENTATION OF THE COLORS President Appezzato stated that a number of Boy Scouts interviewed him for their citizenship merit badges, and that he invited Troop 89 to present the colors this evening. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 3-A. (96-106) Proclamation Recognizing Black History Month. President Appezzato read the Proclamation; Councilmember DeWitt presented same to Mary Sparrow, NAACP; and Sheronda Everfield recited a poem entitled, "Mirror, Mirror". Shirley Cummins, Alameda, stated that Black History Month was recognized every year; that she was not against it, however, every race, creed and color had suffered mightily. CONSENT CALENDAR President Appezzato stated that Item 4-A [Minutes of the Regular City Council Meetings of February 6 and February 20, 1996] was pulled for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor Mannix seconded the motion, which carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: None. Absent: Councilman Arnerich - 1. Items so enacted or adopted are indicated by an asterisk. 4-A. See Paragraph (96-116). 4-B. (*96-107) Resolution No. 12744 "Approving the Undertaking of Certain Public Improvements on behalf of the Community Improvement Commission." Adopted. Regular Meeting, Alameda City Council March 5, 1996 1 4-C. (*96-108) Report from Public Works Director recommending authorization to award contract to Richard A. Heaps, Electrical Contractors, Inc., for Atlantic Avenue and West Campus Drive Signalization, No. P.W. 01-96-01. Accepted. 4-D. (*96-109) Report from Public Works Director recommending acceptance of work by McGuire and Hester for Drainage Improvements at the Chuck Corica Golf Complex, No. P.W. 12-94-21. Accepted. 4-E. (*96-110) Report from Public Works Director recommending acceptance of work by Gallagher & Burk, Inc., for Repair and Resurfacing of Certain Streets, Phase 17, No. P.W. 01-95-01. Accepted. 4-F. (*96-111) Report from Public Works Director recommending award of Special Recycling and Waste Reduction Grant for Fiscal Year 1995-96 to West Alameda Business Association. Accepted. 4-G. (*96-112) Report from Public Works Director recommending acceptance of work by Gansek Construction on Disabled Accessibility Improvements Alameda Main and Children's Libraries, No. P.W. 02-95- 05 Accepted. 4-H. (*96-113) Resolution No. 12745 "Reappointing Donna Vaughn as Member to the Bay Area Library and Information System Lay Advisory Board." (Library Board) Adopted. 4-1. (*96-114) Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Chapter XXI (Garbage and Refuse) in its Entirety and Adding a New Chapter XXI (Solid Waste and Recycling); Article I (Definitions); Article II (Solid Waste); and Article III (Recycling). Introduced. 4-J. (*96-115) Bills, certified by the City Manager to be true and correct, were ratified in the sum of $2,815,990.27. Ratified. 4-A. (96-116) Minutes of the Regular City Council Meetings of February 6 and February 20, 1996. Vice Mayor Mannix stated that he would like a correction made to the Minutes of February 20; that Item 5-F, regarding teenage curfew, stated "Vice Mayor Mannix spoke in opposition to a teenage curfew"; when, in fact, he supported teenage curfews, but deferred to the value judgement of the Chief of Police, who would recommend a youth curfew should the need arise. Councilmember Lucas moved approval of the minutes for the Regular City Council Meetings of February 6 and February 20, 1996, Vice Mayor Mannix seconded the motion, which carried by the following Regular Meeting, Alameda City Council March 5, 1996 2 voice vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: None. Absent: Councilman Arnerich - 1. REGULAR AGENDA ITEMS 5 -A. (96 -117) Appointment of Daniel Corcoran to the Mayor's Committee for the Disabled. Mr. Corcoran was presented a Certificate administered the Oath of Office. 5 -B. (96 -118) Appointment of Kim Vickers to for the Disabled. Ms. Vickers was presented a Certificate administered the Oath of Office. 5 -C. (96 -119) Reappointment of Edwin Cooney to the Mayor's Committee for the Disabled. Mr. Cooney was presented a Certificate of Appointment, and administered the Oath of Office. of Appointment, and the Mayor's Committee of Appointment, and 5 -D. (96 -120) Reappointment of Michael Hellmann to the Mayor's Committee for the Disabled. Mr. Hellmann was presented a Certificate of Appointment, and administered the Oath of Office. Council recessed at 9:10 p.m. and reconvened at 9:25 p. 5 -E. (96 -121) Public Hearing to consider an Appeal of the Historical Advisory Board's denial of an Application to remove a site located at 1715 Park Street from the Historical Building Study List. Applicant /Appellant: Patrick Ellwood; and Resolution No 12745 "Denying an Appeal of a Historical Advisory Board's Denial of HSBL -96 -1 to Remove 1715 Park Street from the Historic Building Study List." Patrick Ellwood, Applicant/Appellant, Alamo, spoke in support of the appeal; stated that he challenged the findings, and commented on same; stated that there were some historical elements on the property still intact; that a hired independent architect stated Regular Meeting, Alameda City Council Much 5, 1996 3 that 90% of the building was in an altered condition not tied to its original historical design; that said 90% was far from retaining any significance such that it should be retained in its existing condition; that other buildings on the block consisted of two gas stations and an auto repair garage, none of which were in anyway, shape or form any resemblance to the building's architectural style, construction or period; that it was his opinion that the building stuck out like a sore thumb because of its design and context of the rest of the block looking so different; that the property's facade was never intended to be floating, if you will, in a free-standing condition; that [the facade] was meant to tie into a continual exterior facade; requested that the building be taken off of the historical list; discussed the building's existing use, and burdens of a historical designation; stated that the original staff report recommended that it would be appropriate to remove said property from the [Historic Building Study] List, and that as a concession, he would be willing to consider an outside architectural group or some arbitration process that would provide an independent evaluation to determine whether the building should be protected or not President Appezzato commented that the building was constructed in 1879; and that the community held dear its historic preservation. Appellant Ellwood stated that he, too, supported historic preservation, but did not believe that the block the property existed on, represented the bellwether symbol of Alameda. President Appezzato commented on Park Street renovation and historic preservation; and expressed concern for Alameda maintaining its historic character. Appellant Ellwood stated that if all parties agreed to an independent evaluation, he would be opposed to sending the matter back to the HAB after said evaluation; and that the only reason for obtaining an independent analysis was to have said independence and not go around in a circle. Dave Plummer, Historical Advisory Board (HAB), spoke in support of the Resolution, stated that the express reason for removing the building from the Historical Building Study List was so that it could be destroyed; commented on buildings destroyed due to commercial enterprise; and discussed the findings of the report. In response to President Appezzato's inquiry, Board Member Plummer stated that three individuals addressed the matter at the HAB meeting. Appellant Ellwood stated that he would be willing to consider, as a condition of removal, the facade being donated should the building ever become altered, moved or demolished. Regular Meting, Alameda City Council March 5, 1996 4 Councilmember Lucas stated that she did not understand the urgency at this point, that if the applicant eventually submitted a project that the community liked, she believed he would receive permission; and that, at this point, she did not want the building to be taken off the Historic Building Study List. Vice Mayor Mannix stated that he supported historic preservation; that the building was underutilized and had been for a long time; that the building was inconsistent with that particular commercial block; what was being considered was 1/8th of the existing facade; that he would like to preserve the building but it did not make sense to him; and that he could not concur with the [HAB's] recommendation. President Appezzato stated that until he knows what will occur at the property and more information is provided, he supports HAB's recommendation. Councilmember DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas and President Appezzato - 3. Noes: Vice Mayor Mannix - 1. Absent: Councilman Arnerich - 1. 5-F. (96-122) Report from Assistant City Attorney regarding procedure for issuance of Proclamations. (Councilmember DeWitt) President Appezzato stated that Section 6-1 of the City Charter stated that the Mayor shall be the official and ceremonial head of the City; that there were no written policies and/or procedures which spell that out, he presumed that the issuance of proclamations was a function of the ceremonial head of the City: the Mayor; each Mayor had set their own policy; since he had been Mayor, he had issued over 65 proclamations, of which 7 were issued from the Council Chamber; that no one individual nor group had requested him to issue a proclamation from the Council Chamber; that because of his active involvement in the community, it had become his policy to issue proclamations where an organization meets; that if a group or person should request issuance of a proclamation from the Chamber, he would do so; and if the Council does not want the Mayor to be the ceremonial head, the matter needed to be taken to the voters. Don Roberts, Alameda, stated that he disagreed with the [Mayor's] interpretation of the Charter, and that the Mayor was only one of five Councilmembers; suggested a motion by Council to either: 1) state specifically that the Mayor was authorized by the Council to issue proclamations, or 2) that if Council wanted proclamations to be issued by Council, they be issued in the Council Chamber; stated Regular Meeting, Alameda City Council March 5, 1996 5 that he had at various times disagreed with all members of Council; that all five Councilmembers were doing a great job; and thanked Council for their devotion of time and effort in representing the City. Shirley Cummins, Alameda, thanked Council and staff for their devotion of time and effort; and suggested that proclamations be issued in private so that other people's feelings are not hurt or upset. President Appezzato commented on the publicity received when proclamations were issued at a location other than the Council Chamber. Carol Knight, Alameda, questioned President Appezzato's policy regarding proclamations, and discussed his position on the matter when serving as a Councilmember. President Appezzato stated that each Mayor sets his /her own policy, absent policies and procedures; and that the Mayor was ceremonial head, and would interpret same accordingly, until three or, more Councilmembers decided differently. In response to Ms. Knight's inquiry, President Appezzato stated that if he agreed to issue a proclamation, and was requested to present it in the Council Chamber, he would do so. Discussion was held regarding the issuance of proclamations to certain associations. Ms. Knight stated that she fears because of the open -ended proclamation [policy], Alameda was open to ridicule of the world. President Appezzato stated that he disagreed. Ms. Knight requested that President Appezzato reconsider his stand. President Appezzato stated that he would continue issuing proclamations; that proclamations had to be requested, and he did not issue them automatically; that requests for proclamations were reviewed by him; and that he would issue a proclamation at a location requested by an organization /group. Councilmember Lucas agreed that President Appezzato was the ceremonial head; stated that, traditionally, the Mayor had the authority to issue proclamations; that she appreciated the Mayor's great effort in taking proclamations to the individual organizations; that she realized it took a lot of time; that she would not approve certain proclamations, e.g. supporting heterosexual child molesters; and spoke in support of a Gay and Lesbian proclamation. Regular Meeting, Alameda City Council March 5, 1996 6 Vice Mayor Mannix stated that he believed the City Charter had been accurately interpreted; that it was the Mayor's job to issue proclamations under current standards; that Councilmembers, as individuals, could issue proclamations, but not in the name of the City; that if Councilmembers want a proclamation issued, they could request it from the Mayor's Office, or bring it to the Council for approval; and that the current process had a potential to be divisive and abusive. Vice Mayor Mannix further stated that there was a need for definition, perhaps by ordinance, of a proclamation; that there was a need to consider a non - exclusive process based upon objective standards; and that there was a need to clarify, pursuant to the City Charter, who and how proclamations are issued, including the criteria for, the format of, and forum for proclamations. Vice Mayor Mannix proposed that Council consider a Work Session to develop an ordinance regarding proclamations, and stated that he would be willing to make a motion to that effect. Councilmember DeWitt agreed, and seconded the motion. Following discussion, President Appezzato agreed that the issue could be addressed before. June. In response to Councilmember DeWitt, Vice Mayor Mannix stated that the format, or Council policy, would be determined at the Work Session. President Appezzato suggested that staff report back to Council with suggestions, e.g. a citizens advisory group appointed by Councilmembers. In response to Councilmember Lucas, President Appezzato stated that the Work Session would provide full public participation. The motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: None. Absent: Councilman Arnerich - 1. Council recessed at 10 :14 p.m. and reconvened at 10 :25 p.m. 5 -G. (96 -123) Report from Planning Director regarding request for Fee Waiver by Andrew and Susan McCormack for Variance, Major Design Review, Historical Advisory Board Certificate of Approval and Building Permit inspection fees for property located at 1238 Versailles Avenue. Regular Meeting, Alameda City Council March 5, 1996 7 Susan McCormack, owner of The Webster House, requested waiver of all fees except for school taxes, stated that the HAB never had fees when the home was originally certified, nor were the McCormacks notified when the fees came into effect, that the HAB was helpful, but that difficulties have been experienced with staff, that if staff's recommendations were adhered to, the McCormacks would not be eligible for the National Register, nor be able to remain a Bed and Breakfast in the City, that staff billed for 17.75 hours from the HAB, of which the first 13 hours were spent before a site visit was ever made, that hours were billed to the McCormacks while staff updated lost records and their file, that she felt the McCormacks were ran in circles and then billed for it, discussed fees; stated that the McCormacks request the waiver of fees because the original plans were submitted to the Planning Department with eight sets meant to go concurrently to all Departments, which they did not; that instead of going concurrent, the plans were routed Department by Department; that said plans sat and waited in each Department until an individual was free to review them, that said delay cost the McCormacks months, that The Webster House has major damage to the interior, e.g. hardwood floors ruined, walls warped, ceiling fell down; that because permits were delayed, the McCormack's 8 -1 /2% loan with zero points was lost; that the McCormacks were considering a 9 -1 /2% loan with two points,' that a new appraisal cannot be given due to the recent damage since October; that it would cost the McCormacks $91,000 more to do the project; and requested the assistance of the Council. Neil Patrick Sweeney, Alameda, spoke in support of the request for waiver of fees; and stated that it appeared that the City was anti - business. Shirley Cummins, Alameda, spoke in support of all fees being waived; apologized to the McCormacks on behalf of the City; stated that the City was partially to blame for the McCormack's misfortune, and inquired whether the City's granting system could assist the McCormacks should they not be able to secure a loan. Earl Peacock, Grassroots Committee for Fair Taxation, spoke in support of all fees being waived; complimented the Chair of the Planning Board for actions taken; and stated that the City should extend a helping hand. Discussion was held regarding Attachment #3, Calculation of Planning Fees for 1238 Versailles Avenue. Vice Mayor Mannix stated that he wished to accommodate [the McCormacks] and move forward, that he did not see how Council could waive building permit and inspection fees due to creating a precedent, and spoke in support of waiving the HAB fees due to the project's length of time. Regular Meeting, Alameda City Council March 5, 1996 8 Discussion was held regarding fees, fee waiver procedures, and the HAB's recommendation. Vice Mayor Mannix recommended that the HAB fees be waived and that the City continue to collect the building permit and inspection fees. In response to President Appezzato's inquiry regarding rationale for waiving HAB's fee in the past, the City Manager stated that this would be the first time that HAB fees would be waived. President Appezzato stated that the building permit and inspection fees should not be waived, however, spoke in support of waiving the HAB fees. Councilmember Lucas concurred with Vice Mayor Mannix. Vice Mayor Mannix moved acceptance of the report and recommendation; and approval of a full fee waiver for the Variance, Design Review, and HAB's fees. Councilmember Lucas seconded the motion. Ms. McCormack clarified that the building permit fees were $5,000, not $2,200. President Appezzato stated that the Council would address the $2,864.37, and the remainder could be dealt with later, that Council could only deal with what was in the public record; and that building permit and inspection fees would not be waived. The motion carried by the following voice vote: Ayes: Councilmember DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: None. Absent: Councilman Arnerich - 1. 5-H. (96-124) Report from Public Works Director recommending an Amendment to Agreement between Blue & Gold Fleet and City of Alameda. Roger Murphy, General Manager, Blue & Gold Fleet, stated that he was present to answer questions, if necessary. William McCall, Sr., former Alameda Mayor, stated that the City Charter stated that the responsibility of operating a ferry system was the Bureau of Electricity's Commissioners [Public Utility Board], rather than the City Council. The City Attorney stated that the City cannot own [operate] a ferry system, and has the Contract to comply with the City Charter's requirements. Regular Meeting, Alameda City Council March 5, 1496 9 Mr. McCall, Sr., stated that he did not believe the City was complying with the City Charter, and he may take the matter to the Grand Jury. The City Attorney stated that an Opinion had been made sometime ago; and that the Opinion would be updated if necessary, and recirculated. Councilmember Lucas stated that she was satisfied with the City Attorney's opinion. Vice Mayor Mannix moved the recommendation [direct City Manager to execute the amendment to the AOFS Agreement]. Councilmember Lucas seconded the motion. President Appezzato stated that the 1995 deficit was $208,000; that the subsidy has been reduced from $724,000 in 1993 to $486,000 in 1996; that the total cost of the increase would be $55,700 of said reduction; that if people wanted said service, people would have to pay for it; and spoke in support of the motion. The motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: None. Absent: Councilman Arnerich - 1. 5-1. (96-125) Report from Public Works Director recommending authorization to issue a Request for Proposals regarding Residential and Yard Waste Recycling Services in Alameda. Don Roberts, Alameda, commented that the Request for Proposals stated that the physically frail or elderly did not have to put their containers at the curb; that the RFP stated "no charge", and the draft contract was silent regarding a charge, that neither one [document] defined elderly nor physically frail; that the RFP stated that missed collections shall be picked up on the next working day, that it appeared to him the penalty should be that the provider loses the revenue for that particular day; that there was not a very adequate definition for multi-family recycling; that another phase in said section stated "where appropriate, multi- family dwellings shall have the option of using single-family containers and placing their recyclable materials at curbside, and multi-family complexes using pulling carts or bins shall be collected on the premises"; and that the question was "where appropriate, . . . ", stated that he would like to know who was deciding as to what was appropriate, and if the definition for carts and bins included toters; that another section stated that the material may be collected as either co-mingled or source separated, that when he served on the former Recycling Committee, the information received was that the more breakdown made by the Regular Meeting, Alameda City Council March 5, 1996 10 7 1 consumer, the less participation in recycling; that the RFP also indicated that low-income residents were entitled to a fifteen percent (15%) reduction in rate, but there was no definition of low-income; concluded that those were questions he would like answered prior to the Council's approval of the RFP; and that he would like to provide the Public Works Department with additional analyses and questions regarding both the RFP and the Draft Agreement. The City Manager stated that the matter could be held over until the next Council Meeting. Councilmember Lucas moved to continue the matter to the next Council Meeting. Vice Mayor Mannix seconded the motion, which carried by the following voice vote: Ayes: Councilmember DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: None. Absent: Councilman Arnerich - 1. 5-J. (96-126) Written Communication from President and Chair, Independent Cities Association, Sherman Oaks, urging the City Council to join the amicus brief filed in the Appellate Court by the City of Redondo Beach regarding the lawsuit asserting that property taxes are local taxes which may not be used for non-local purposes; and to send a letter of support. President Appezzato stated that he supported the request. The City Attorney stated that there was not cost to the City to participate in the amicus brief; that it was a request for statewide city support to object to the State's taking and transferring of property tax revenues from all of the cities to fund their constitutional obligation to provide money for education. Councilmember Lucas stated that it sounded like a good cause. President Appezzato stated that he supported the amicus brief. Vice Mayor Mannix moved that the City join in the amicus brief, and that a letter of support be sent. Councilmember Lucas seconded the motion. President Appezzato stated that a letter was received today from the Mayor of San Jose requesting that the City join in the same process. The City Attorney stated that the staff could draft a resolution which would consent to the participation in the amicus brief and all related activities; and that a resolution would be sent to the Mayor of San Jose indicating Council's concern. Regular Meeting, Alameda City Council March 5, 1996 11 The motion carried by the following voice vote: Ayes: Councilmember DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: None. Absent: Councilman Arnerich - 1. ORAL COMMUNICATIONS, NON - AGENDA (Public Comment) 6 -A. (96 -127) Neil Patrick Sweeney, thanked the Mayor for explaining the proclamation process; stated that on March 13th there would be a public forum concerning toxic clean -up; and announced that Encinal High School needed contributions for the Music Boosters. 6 -B. (96 -128) Shirley Cummins, Alameda, stated that Mr. and Mrs. McCormack should not have to pay building fees; that she provided them with a 1987 Council Meeting tape when they went through zoning changes; and that she believed the McCormacks needed a City grant to cover costs. 6 -C. (96 -129) Shirley Cummins, Alameda, discussed the nature of proclamations, and stated that proclamations concerning lifestyles should not be issued. 6 -D. (96 -130) Don Bergen, Alameda, discussed recent rash of crimes published in the Alameda Journal Newspaper; stated that he was glad one member of the Council supported a curfew; and reported that he had contacted the YMCA regarding an Alameda branch for teen programs, and submitted a Written Communication to the City Clerk for the next Council Meeting agenda. 6 -E. (96 -131) Gerhard Degemann, Alameda, requested that the subject of the new pedestrian [bike] bridge be placed on the next Council agenda; and stated that the bridge required light and that the approach was a safety issue. The City Manger stated that a report would be provided to the City Council, and placed on the agenda, if requested by Council. COUNCIL COMMUNICATIONS (Communications from Council) 7 -A. (96 -132) Councilmember Lucas stated that she believed Council had received a copy of a letter from the Alameda Historical Museum Board of Directors addressed to the City Manager regarding subsidies; and that she would like a report from the City Manager if any subsidies were given to the Museum and /or any promises of future subsidies. 7 -B. (96 -133) President Appezzato inquired whether residents in the Krusi Park area were provided a communication concerning scams and East Bay Municipal Utility District impostors. Regular Meeting, Alameda City Council March 5, 1996 12 The Public Works Director responded that the matter was being addressed. 7-C. (96-134) President Appezzato stated that Harbor Bay Isle Associates had declared Chapter 11 Bankruptcy, and that he would like a report on its affects on the City. 7-D. (96-135) President Appezzato stated that he would like to set up a committee to look at the tidelands issues; that 80% of the Naval Air Station is tidelands; and that one campaign promise was to establish a committee of experts to look at the future of the tidelands, leases, and to provide advice to the City Council. ADJOURNMENT 8-A. (96-136) President Appezzato adjourned the meeting in memory of Lorraine Dragna, City of Alameda resident and volunteer. Respectfully submitted, /6eti D ANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Regular Meeting, Alameda City Council March 5, 1996 13