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1996-05-01 MinutesMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL MAY 1, 1996 The meeting convened at 8:01 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmember DeWitt, Vice Mayor Mannix, and President Appezzato - 3. ABSENT: Councilmember Arnerich and Lucas - 2. 3-A (96-230) Adjourned to Closed Session to consider: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (54956.9) Pending Litigation pursuant to subdivision (a) of Section 54956.9. Name of Case: Estate of Audrey Gibson 4. Announcement of Action Taken in Closed Session: Following the Closed Session President Appezzato announced that Council gave instructions to Legal Counsel. Adjournment The meeting was adjourned at 8:06 p.m. Respectfully 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 May 1, 1996 0 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL MAY 7, 1996 The meeting convened at 7:00 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. ABSENT: None. 3-A. (96-231) Adjournment to Closed Session to consider: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Austris Rungis Employee Organizations (s) : International Association of Firefighters, Local #689 - IAFF. 4. Announcement of Action Taken in Closed Session: Following the Closed Session, the Special Meeting reconvened and President Appezzato announced that Council gave instructions to City negotiators. Adjournment The meeting was adjourned at 7:15 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Mecting, Alameda City Council May 7, 1996 MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL MAY 7, 1996 The meeting convened at 8:16 with Mayor Appezzato presiding. Vice Mayor Mannix led the Pledge of Allegiance. Pastor Clark Flescher of the First Baptist Church gave the invocation. ROLL CALL Present: Councilmembers Arnerich, DeWitt, Lucas, Mannix and Mayor Appezzato - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 3-A. (96-232) Certificate of Recognition to Dong Yi, winner of the Annual Alameda Commuters' Golf Championship. President Appezzato read the Certificate of Recognition and presented it to Mr. Yi. Norma Arnerich, President, Junior Golf Club Alameda, stated that Mr. Yi became the third youngest golfer to win the prestigious and coveted 69th Alameda Commuters Golf Tournament. Mr. Yi thanked the City of Alameda, Yi family, and the Junior Golf Club, among others. 3-B. (96-233) Proclamation declaring May 12 through May 18, 1996, Historic Preservation Week. President Appezzato read the proclamation, and presented it to the Chair, of the Historical Advisory Board. 3-C. (96-234) Proclamation declaring the Week of May 19,1996, as National Public Works Week in the City of Alameda. President Appezzato read the proclamation, and presented it to the Public Works Director. CONSENT CALENDAR President Appezzato stated that the following item was pulled from the Consent Calendar for discussion: 4-F (96-253) [Report from Public Works Director recommending approval of Request for Proposal and Authorization to Advertise for Water Management Services for the South Shore Lagoon System for the Fiscal Year Ending June 30, 1997]. Accepted. Councilman Arnerich moved approval of the remainder of the Consent Calendar. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. 4-A. (*96-235) Minutes of the Special and Regular City Council Meetings of April 16, 1996. Approved. 4-B. (*96-236) Report from Public Works Director recommending appointment of Existing Building Code Board of Appeals Members to the Housing and Building Code Hearing and Appeals Board. Accepted. 4-C. (*96-237) Report from Public Works Director transmitting status report on the Californian Apartments located at 1940 Franciscan Way. Accepted. 4-D. (*96-238) Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Minor Street Patching with Asphalt Concrete for Fiscal Year Ending June 30, 1997, No. P.W. 04-96-05. Accepted. 4-E. (*96-239) Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for the Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, and Driveway for the Fiscal Year Ending June 30, 1997, No. P.W. 04-96-04. Accepted. 4-F. See paragraph (96-253). 4-G. (*96-240) Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Landscape Maintenance of Median Strips and Special Areas for the Fiscal Year Ending June 30, 1997, No. P.W. 04-96-06. Accepted. 4-H. (*96-241) Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Pruning Trees within the City of Alameda for the Fiscal Year Ending June 30, 1997, No. P.W. 04-96-07. Accepted. Regular Meeting, City Council May 7, 1496 2 4 -I. ( *96 -242) Report from the Finance Director transmitting Financial Report for Quarter ending March 31, 1996. Accepted. 4 -J. ( *26 -243) Report from the Finance Director transmitting Quarterly Sales Tax Report for Sales Transactions in the Fourth Calendar Quarter of 1995. Accepted. 4 -K. ( *26 -244) Resolution No. 12760 "Approving Amendment to Resolution Number 11964 and Amendment to Subdivision and Maintenance Agreement For Tract 6226, and Substituting Shea Homes, Inc. for Harbor Bay Village V Associates ". Adopted. 4 -L. ( *26 -245) Report from the Finance Director regarding refunding the 1990 Certificates of Participation issued to finance construction of the local Jail Facility and improvements at the Police Administration Building (1990 Certificates). Accepted. 4 -M. ( *96 -246) Report from the Finance Director regarding refunding of Special Tax Bonds. (Mello Roos Bonds, Community Facilities District #1). Accepted. 4 -N. ( *96 -247) Report from the Finance Director regarding status of Pension Plans 1079 and 1082. Accepted. 4 -0. ( *96 -248) Resolution No. 12761 "Authorizing Pursuit of a Clean Cities Designation and Prepare for an Electric Vehicle (EV) Model City Program." Adopted. Report from Chair, Economic Development Commission, recommending that the City Council, by Resolution, Authorize pursuit of a Clean City Designation and prepare for an EV (Electric Vehicle) Model City Program. Accepted. 4 -P. ( *96 -249) Resolution No. 12762 "Authorizing Participation in State /Federal Surplus Personal Property Program. Adopted. 4 -Q. ( *96 -250) Resolution No 12763 "Providing for the Borrowing of Funds for Fiscal Year 1996 -97 and the Issuance and Sale of 1996 Tax and Revenue Anticipation Notes Therefor" Adopted. 4 -R. ( *96 -251) Introduction of Ordinance "Authorizing Execution of Lease Between the Alameda Police Department (Lessor) and Cellular One (Lessee) for Cell Site Lease." (Requires four affirmative votes). Introduced. 4 -S. ( *96 -252) Bills for ratification in the amount of $2,347,256.62. Ratified. Regular Meeting, City Council May 7, 1996 3 4-F. (96-253) Report from Public Works Director recommending approval of Request for Proposal and Authorization to Advertise for Water Management Services for the South Shore Lagoon System for the Fiscal Year Ending June 30, 1997. Accepted. President Appezzato advised that the speaker requesting the item pulled, had left the Chamber. Councilmember Lucas moved approval of the recommendation. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 5. REGULAR AGENDA ITEMS 5-A. (96-254) Resolution No. 12764 "Appointing Robert Ryan as a Tenant Member of the City Housing Commission. Adopted. Vice Mayor Mannix moved adoption of the resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. President Appezzato introduced Mr. Ryan. Mr. Ryan was presented a Certificate of Appointment, and the City Clerk administered the Oath of Office. Mr. Ryan thanked the Mayor, and City Council for considering him for the post. 5-B. (96-255) Public Hearing to consider Resolution Imposing Liens and Establishing Interest Rates on Amounts Owed by Property Owners Who Have Failed to Pay Sidewalk Repair Assessments. Resolution No. 12765 "Imposing Liens and Establishing Interest Rates on Amounts Owned By Property owners Who Have Failed to Pay Sidewalk Repair Assessments." Adopted There being no speakers, Councilmember Lucas moved the adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 5-C. (96-256) Written Communication from Councilmember Lucas recommending that the Linoaks Motel be sold and the money used for seismic work on the Carnegie building. Allen Derr, Alameda, commented that the voters [Measure C, Regular Meeting, City Council May 7, 1996 4 March 26, 1996 Special Election] were not against a new library; the voters were against new taxes; and he suggested that the Library Board be allowed to proceed and report back on its findings to the City Council. William McCall, former Alameda Mayor, representing Alamedans Against Unfair Taxation, stated that the people of Alameda do not want any more taxes or a new Library; citizens want the Carnegie building fixed; taxpayers should not pay for a facilitator; Carnegie building should be improved as grant monies become available; and smaller grants should be applied for Don Roberts, Alameda, stated that cities should not spend beyond financial abilities; voters were fed up with more taxes; urged Council to vote against the hiring of a facilitator or consultant; and Council should direct Library Board to concentrate on finding sources of money, other than taxes and/or bonds. Bonnie Conner, Library Board, stated that the Board cares about services and programs; and urged Council to approve a facilitator. Archie Waterbury, President, Alameda Library Board, concurred with remarks of Bonnie Conner. Neil Patrick Sweeney, Alameda, urged support of the Written Communication submitted by Councilmember Lucas. Nancy Torres, Alameda, stated that the Library Board was advisory to Council, a facilitator was necessary to [it is] determine needs; City cannot continue with the Carnegie -- too small; urged Council to wait until Library Board reports back with a proposal. Honora Murphy, President, Friends of Alameda Free Library, stated that the Carnegie must be retrofitted; monies must be found to retrofit; and library services must continue. Duke Campbell, Alameda, stated that he endorsed the comments made by Alien Derr; and that the [Library] issue was no further along than 20 years ago. Barbara Kerr, Alameda, stated that the voters [at the March 26, 1996 Election] turned down the [assessment] tax; nothing in the City Charter states anything about hiring consultants to figure out political campaign matters; City should use funds from the sale of the Linoaks and other excess City properties to seismic retrofit and rehab the Carnegie; City should apply for smaller grants; and Council should not force Regular Meeting, City Council May 7, 1996 5 cost of hired consultant on taxpayers. Robert Minton, Alameda, stated that he would like to think that the last vote [Measure C] should put the issue to rest; he supports Councilmember Lucas; and he wants a good Library at the Carnegie. Marilyn Ezzy Ashcraft, Alameda, stated that the present [Carnegie] building was filled to capacity, and community should support the Library Board's efforts. David Plummer, Alamedans Against Unfair Taxation, stated that he has many reports and studies on the Library; that numerous studies were prepared by the same consultant; voters believed that an assessment tax and support for a private-organization Museum unfair, voters do not want to abandon existing Carnegie Library, and a feasibility study was not necessary. Carl Halpern, Alamedans For A New Library, stated that he would like the City to look at other cities' libraries. Gertrude Campbell, Friends of Alameda Free Library, stated that she was concerned about the children and the failure to give them a decent library. Councilmember Lucas stated that spatial needs [studies] had been explored; previous Library Boards based recommendations on the studies; it is a waste of money to duplicate studies and hire facilitators, if Library Board duplicates consultant reports, the City should not fund expense; seismic work should be done; when funds are available at the State or federal level, grants should be applied for; and project should be done in stages so grants are feasible. Vice Mayor Mannix stated that he believed the decision of the voters was against the funding vehicle; there were possibilities of funding for libraries in the future; Council needs reports on options during the interim, to provide quality library services; it is time to decide the best way to handle the Carnegie building's seismic work, how to provide quality library services, and how to proceed in the future. Vice Mayor Mannix further stated that he was prepared to accept the communication. Councilman Arnerich stated that he would like the Library Board to make a recommendation to the City Council, in the meantime, City should determine current sale price for the Linoaks, and the amounts due UDAG and Library Fund. In response to Councilmember Lucas, the City Manager stated that a session with a facilitator costs $800 to $1,000; and Rqgullr Meeting, City Council May 7, 1996 6 two sessions were anticipated. The Library Director stated that the Friends of the Library's book sale grossed $7,000; normally half of the gross was put into the Library Building Fund, and remainder into library programs. The City Manager stated that Council, through the annual budget process, determines the amount and use of General Fund contributions to the Library, and the Library has control over the Library Tax Funding. President Appezzato stated that he heard the voters [Measure C, March 26, 1996 Election]; two City boards have special prerogatives set forth in the City Charter: Public Utilities Board and Library Board; said Boards can spend money; and that he had requested staff to report to Council on the status of the Linoaks: debt, property value, and loans to be repaid [UDAG and Library Fund]. Vice Mayor Mannix stated that he had not seen any mandates on sites -- it was not part of the ballot measure; and he was not prepared to exclude a new library if alternate funding was produced. Vice Mayor Mannix moved acceptance of the communication. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Councilmember Lucas moved that Council take funds for a facilitator and library building program consultant out of the General Fund for the Library next year, if the issue was not held over until after Council discussion on the Linoaks. Councilman Arnerich stated that he would be in favor of hiring a facilitator for $1,600 - $2,000; but not in favor of hiring a contractor [consultant]. Following Councilman Arnerich's comments and a brief discussion with the City Attorney on General Fund transactions, Councilmember Lucas stated that Council could take funding out of the Library's budget next year for consultant services. President Appezzato stated that he cannot support fooling with the Library Fund. Councilmember DeWitt inquired if the Library Board wanted more than a facilitator. Regular Meeting, City Council May 7, 1996 7 The Library Director stated that a consultant was invited to attend the Board's meeting to discuss changes in technology, etc.; and the cost for services was $300. Councilmember Lucas stated that the motion was to deduct the cost of hiring a consultant, even for $300, out of General Fund monies that would have been contributed to the Library. Councilman Arnerich seconded the motion. Motion failed by the following voice vote: Ayes: Councilmembers Arnerich and Lucas - 2. Noes: Councilmembers DeWitt, Vice Mayor Mannix and President Appezzato - 3. * ** Council recessed at 9 :40 p.m. and reconvened at 9:55 p.m. * * * 5 -D. (96 -257) Report from Public Works Director regarding installation of Right Turn Prohibition and striping modifications at Broadway and Bayview Drive. Frank McCormack, Alameda, stated that he was against the modifications. George Christensen, Bayview Estates Homeowners' Association, urged that the modifications be permanent; and stated his concern was for the safety of children and elderly in the area. Dave Morey, Alameda, stated that he supported current modifications; and preserving the quality of life in the area. Dave Case, President, Bayview Estates Homeowners' Association, stated that the whole issue was safety; he is concerned about the volume and speed of traffic; and urged support of traffic control during commute hours. Jon Rodgers, Alameda, stated that he was against residents of the area receiving special privilege. Don Roberts, Alameda, stated that he fully supported Mr. Follrath's letter; and urged Council to curtail the experiment and return the street to its proper order. Harry Hartman, Alameda, recommended that the Transportation Advisory Committee lift the restrictions; work with the residents of that area; and stated that the restrictions were unwarranted and not necessary. Regular Meeting, City Council May 7, 1996 Darlene Banda, Alameda, urged Council to reverse its decision and eliminate current traffic restrictions. Joe King, Bayview Estates Homeowners' Association, stated that commuters use Bayview Drive as a short cut. Dave Plummer, Alameda, stated that when traffic is dissipated on one street, it is loaded onto another; that is not appropriate, and requested Council to eliminate the no-right turn. Robert Nannizzi, Alameda, stated that a traffic problem does not exist; and urged Council to review the Broadway/Bayview and Bayview/Otis Drive situations to insure the interests of all Alamedans were served. Bill Kane, Alameda, distributed a traffic diagram to the Council; stated that he would like bulb-outs removed; and requested that the Public Works Director look into the reason for bulb-outs at intersections. Thomas Erny, Alameda, spoke in opposition to the modifications. Councilman Arnerich stated that all cities have traffic problems, and discussed traffic patterns in other areas of Alameda. In response to Councilman Arnerich's inquiry regarding $104 traffic fine, the City Manager stated that the fee was set by the Court; fee was uniform for cities under that Court's jurisdiction; Alameda's portion was approximately $12; and the balance goes to the County, State, and Alameda County - Jail Override Fund. Vice Mayor Mannix stated that he was not in favor of cul-de- sacs, and it was time to eliminate project. President Appezzato stated that he was concerned over the size of the traffic sign; that the Police do not support the no- right turn; he did not receive complaints regarding the no- left turn from the Bay Farm Island Bridge at Otis onto Bayview Drive; and he would continue to support the no-left turn, but not the no-right turn. Councilmember Lucas stated that she would like bulb-outs on the southeast corner at Broadway and Bayview Drive retained. Vice Mayor Mannix stated that the bulb-outs create a wide right-turn; and he was concerned that wide turns cause traffic accidents. Regular Meeting, City Council May 7, 1996 9 Councilman Arnerich moved to retain no-left turn from Otis onto Bayview Drive; eliminate no-right turn from Broadway onto Bayview Drive; and eliminate curb bulbs. Under discussion, Councilmember Lucas stated she would not support motion; she would like to see the bulb-outs on the southeast corner remain; drivers should take the corner slowly; and bulb-outs contribute to safety. At the request of President Appezzato, the Public Works Director explained the reason for bulb-outs; stated that they are a solution to visual problem due to the brick wall at the corner house; and the bulb-outs allow homeowners time to back out of driveways. Councilman Arnerich stated that there was a stop sign at the corner, which should allow ample time to back out of driveways. Vice Mayor Mannix seconded Councilman Arnerich's motion. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Vice Mayor Mannix and President Appezzato - 4. Noes: Councilmember Lucas - 1. Absent: None. 5-E. (96-258) Report from Public Works Director recommending authorization to install diagonal parking on the west side of Eighth Street in front of Washington Park and modifying signal operations at Otis Drive and Westline Drive. Allen Derr, Alameda, stated that the proposal would provide only 25 new parking spaces, and recommended that Council not approve the project. Don Roberts, Alameda, concurred with Mr. Derr; and he stated that the Traffic Advisory Committee ignored his opposition to the proposal. Thomas Erny, Alameda, stated that he opposed the proposal; and that current "no parking" signage eliminates litter and loitering problems. Councilmember DeWitt stated that the detriments outweigh the benefits. Councilmember DeWitt moved that Council not approve the proposal. Councilmember Lucas seconded the motion. Regular Meeting, City Council May 7, 1996 10 Under discussion, Councilman Arnerich stated that years ago Mr. Roberts and the City Manager were instrumental in providing meters and current signage, which eliminated parking problems; there was ample parking at Crown Memorial Beach State Park; and he would support the motion. On the call for the question, the motion carried by unanimous voice vote - 5. 5-F. (96-259) Report from the Public Works Director recommending actions concerning the Airport Roadway Project (ARP): a) Approval of the Measure B Funding Agreement By and Between Port of Oakland, City of Oakland and City of Alameda and Alameda County Transportation Authority; and b) Approval of Local Match Funding Agreement (Advancement of Funds) Between Alameda County Transportation Authority and City of Alameda. Vice Mayor Mannix moved acceptance of the Staff recommendation. Councilman Arnerich seconded the motion. Under discussion, Councilman Arnerich stated that the approvals would provide both traffic and financial benefits. President Appezzato stated that Council was only approving the Funding Agreement; modifications or cancellation could be addressed after the EIR was reviewed; and that citizens voted for the funding to complete the Airport Roadway. On the call for the question, the motion carried by unanimous voice vote - 5. 5-G. (96-260) Final Passage of Ordinance No. 2722 "Amending the Alameda Municipal Code by Amending Certain Sections of Chapter XIII (Building and Housing) and Chapter XXX (Development Regulations) to Bring Them Into Conformance with the Adoption of Uniform Building and Associated Codes as Contained in Ordinance No. 2714 N.S." Finally adopted. Vice Mayor Mannix moved final passage of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 5-H. (96-261) Final Passage of Ordinance No. 2723 "Amending the Alameda Municipal Code by Amending Section 22-7 (Newspaper and Periodical Vending Machines), Article I, (Streets) of Chapter XXII (Streets and Sidewalks), Requiring Blinder Racks and Amending Subsection 1-2 (Definitions) of Chapter I (General) ." Finally adopted. Regular Meeting, City Council May 7, 1996 11 8 Councilmember DeWitt moved final passage of the Ordinance. Councilmember Lucas seconded the motion. Under discussion Vice Mayor Mannix stated that the Police Department should identify the locations of these various news racks, so they can be monitored week to week. On the call for the question, the motion carried by unanimous voice vote - 5. 6. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) 6-A. (96-262) Barbara Kerr, Alameda, stated that people across from her put up a chainlink fence; she wrote to the Planning Department; she has been sent around from staff person to staff person; and questioned how many phone calls were needed to get matter resolved. President Appezzato directed the City Manager look into it. 6-B. (96-263) Gerhard Degemann, Alameda, stated that the City should protest the current way violation fines are split between entities. 6-C. (96-264) Neil Patrick Sweeney, Alameda, commented on the recent signs painted on street curbs "no bikes or skates;" however, more bike/skate traffic occurs. 6-D. (96-265) Don Roberts, Alameda, requested Council to direct staff to place on the Agenda a proposal to issue an ordinance authorizing all City departments to donate surplus materials to non-profit corporations, provided that the non-profit corporation has not contributed money to a political organization during the preceding five years. Mr. Roberts also stated that Friends of the Library, a non- profit private organization, had been allowed for many years to use the Carnegie Library as the mailing address for that organization; that he had been unable to locate any authority which would allow a non-profit organization to use the City as a mailing address and City employees to sort mail to be delivered to the non-profit organization. Mr. Roberts requested that both items be placed on a future agenda. President Appezzato requested the City Attorney to provide a report on the matter. 7. COUNCIL COMMUNICATIONS (Communications from Council) Rego Ltr Meeting, City Council lMy 7, 1996 12 7 -A. (96 -266) Councilman Arnerich recited a poem he composed on the Houseboat located in the Estuary. Seven weeks ago I heard the Judge say `April 30 will be the day.' So yesterday I started out my day By walking over to San Leandro Bay. When I left my home I put on a coat To go out and see what happened to the boat If that ugly object was still floating there It would be more than my eyes could bear The thing is listing oh so bad That it makes officials look very sad The owner says 'why should I_ pay When local agency will save the day' Here's a guy who flaunts the law And gets away with a big guffaw So the day to remove this awful blight Has come and gone without much fight If anyone thinks they can fight City Hall Just bring over your junk and have a ball So if the boat is still there at Christmas It couldn't be moved because it's listless. 7 -B. (96 -267) Councilmember Lucas stated that Barbara Kerr met with Habitat for Humanity; Ms. Kerr wrote a very good report on the meeting; and she would like Ms. Kerr's letter placed on a Council Meeting Agenda. 8. ADJOURNMENT 8 -A. (96 -268) Mayor Appezzato adjourned the meeting at 11 :20 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. Regular Meeting, City Council May 7, 1996 13