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1995-09-19 Regular CC Minutes31 MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL SEPTEMBER 19, 1995 The meeting convened at 7:31 p.m., with Mayor Appezzato presiding. The Pledge of Allegiance was led by Councilman Arnerich. Reverend Daniel Weller, Alameda Community Church, gave the invocation. ROLL CALL - Present: Absent: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. President Appezzato announced that from this date forward, all Council Meetings would be televised live; that the October 3, 1995, Regular Council Meeting would be adjourned in observance of the Jewish Holiday [Yom Kippur], and rescheduled the Council Meeting to Monday, October 9, 1995. CONSENT CALENDAR President Appezzato stated that the following items were pulled for public discussion: 4-C (95-578) Report from Finance Director transmitting Year-end Financial Report - 1994-95 Fiscal Year; 4-1 (95-579) Report from Public Works Director seeking Council authorization to accept AC Transit Bus Shelters; and 4-L (95-580) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 8-7.9 (Heavy Commercial Vehicles) of Section 8- 7 (Parking Prohibitions) of Chapter VIII (Traffic and Motor Vehicles), Thereof, Restricting Heavy Commercial Vehicles from Parking in Driveways. Councilman Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. Regular Meeting, Alameda CU} council September 19, 1995 316 (*95-568) Minutes of the Special Council Meeting of September 5, 1995; the Special City Council & Housing Authority Board of Commissioners Meeting of September 5, 1995; and the Regular Council Meeting of September 5, 1995. Approved. (*95-569) Report from Finance Director transmitting Investment Portfolio for Period Ending August 31, 1995. Accepted. 4-C. (See Paragraph 95-578). (*95-570) Report from Finance Director recommending Award of Towing Contract (MSP-7-95-1). Accepted. 4-E. (*95-571) Report from the Finance Director regarding Support of National Association of Government Deferred Compensation Administrator's (NAGDCA's) Language to Index Section 457 Maximum. Accepted. 4-F. (*95-572) Report from Public Works Director recommending adoption of Plans and Specifications and calling for bids for Accessibility Upgrade for the West End Library, No. P.W. 09-95-17. Accepted. 4-G. (*95-573) Report from Public Works Director recommending Award of Contract to Ransome Company in the Amount of $56,200 (Base Bid Plus Contingency) for Rehabilitation of Play Courts at Washington, McKinley, Leydecker and Godfrey Parks, No. P.W. 05-95-12. Accepted. 4-H. (*95-574) Report from Public Works Director recommending Approval of Agreement with Pacific Union Ventures, Inc. for Construction Management and Special Inspection Services for Alameda City Hall Renovation Project. Accepted. 4-1. (See Paragraph 95-579). 4-J. (*95-575) Report from Public Works Director opposing Senate Bill 1066 which reduces the City's ability to impose taxes. Accepted. 4-K. (*95-576) Resolution No. 12688 "Supporting the League of California Cities' Resolution on Sales Tax Redistribution to Increase the Amount Received by Cities to 2%." Adopted. 4-L. (See Paragraph 95-580). 4-M. (*95-577) Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,256,066.89. Ratified. 4-C. (95-578) Report from Finance Director transmitting Year-end Financial Report - 1994-95 Fiscal Year. Accepted. Regular Meeting. Alameda C'ity ('ouncil September 19, 1995 2 317 Councilmember DeWitt noted that the staff report indicates approximately 60% of General Fund expenditures is for public safety; and that public safety is the number one priority of the City. Councilman Arnerich moved approval of the recommendation. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-579) Report from Public Works Director seeking Council authorization to accept AC Transit Bus Shelters. Accepted. Allen Derr, Alameda, stated that he thought the matter should be reconsidered, and that the City was not in any better financial shape than AC Transit. At the request of President Appezzato, the City Manager reviewed the issue and staff's recommendation that Council authorize staff to accept ownership of eight of the existing AC Transit bus shelters, and ask AC Transit to remove the shelter at Santa Clara Avenue and Park Street. Councilmember DeWitt stated that he was in favor of the City maintaining the shelters. President Appezzato stated that AC Transit was in dire straits, and that the City had no legal remedy to force them to maintain the shelters. Councilman Arnerich moved acceptance of the recommendation. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-580) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsection 8-7.9 (Heavy Commercial Vehicles) of Section 8-7 (Parking Prohibitions) of Chapter VIII (Traffic and Motor Vehicles), Thereof, Restricting Heavy Commercial Vehicles from Parking in Driveways. Introduced. Christine Servente, Alameda, stated that All-City Tow had been working for two years out of their home located at 2617 Lincoln Avenue; and neighbors wanted the towing truck out of the area. The City Manager stated that the Ordinance under consideration would prohibit parking of heavy commercial vehicles in residential driveways. Vice Mayor Mannix stated that A11-City Tow was not the only tow truck that was out on the street; and requested the City Manager to ask the Chief of Police to pay particular attention to the problem. Regular Meeting, Alameda e'ity Counet1 September 19, 1995 31_8 Councilman Arnerich moved introduction of Ordinance. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. REGULAR AGENDA ITEMS 5-A. (95-581) Resolution No. 12689 "Reappointing Edward W. Trevethan as a Member of the City Golf Commission." Adopted. Councilmember Lucas moved adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Mr. Trevethan. 5-B. (95-582) Report from Chair, Golf Commission, recommending Appointments of Two Members of the City Council to Serve as Ex- Officio Members of the Golf Commission. (Carried over from the September 5, 1995, Regular Council Meeting.) Accepted. Linda Nelson, League of Women Voters, addressed the Council in opposition to the Commission's recommendation and a legal opinion that Councilmembers could serve as liaisons. Councilman Arnerich stated that appointing two members from the Council as ex-officio and/or liaison members to the Golf Commission is imperative. Councilmember Lucas stated that she would not go against the Assistant City Attorney's opinion, which states [in part] ". . .the public offices of City Councilmember and member of the City Golf Commission are incompatible offices under the law. . ." Vice Mayor Mannix stated that he is in support of appointing a liaison member to the Golf Commission; and said liaison would benefit the large Enterprise Fund. Councilmember DeWitt stated that until the Golf Complex undergoes reorganization, he would prefer to hold his vote on the matter. President Appezzato expressed concerns regarding the Commission's recommendation; stated that he would like to see the Golf Commission do their job and make recommendations; that if in the future the Golf Commission does not believe they have been heard satisfactorily, to contact him directly and the matter would be agendized; and, at this time, will not support said recommendation. Councilman Arnerich stated that the Golf Commission is requesting Council's assistance; and requested that the matter [if recommendation is not approved] be reagendized after the reorganization of the Golf Complex. Regular Meeting, Alameda City Council September 19, 1995 4 319 Following further Council discussion, Councilman Arnerich moved approval of the Commission's recommendation. Vice Mayor Mannix seconded the motion. Under discussion, President Appezzato stated that he has great confidence in the members of the Golf Commission; and he would like to give the Golf Commission the opportunity to function as such, advisory to the Council and City Manager, with the understanding that they have full and complete support. Councilman Arnerich's motion failed by the following voice vote: Ayes: Councilman Arnerich and Vice Mayor Mannix - 2. Noes: Councilmembers DeWitt, Lucas and President Appezzato - 3. (95-583) Report from the City Manager recommending reorganization at the Golf Complex. Accepted. The City Manager gave a brief overview of the recommended Golf Course reorganization. Councilman Arnerich spoke in support of the recommendation. Vice Mayor Mannix concurred with Councilman Arnerich, and moved approval of the staff report recommendation to: 1) establish the position of General Manager, Golf Complex, with the duties and salaries as indicated per position description; and 2) establish the position of Golf Professional, as a City employee, with the duties and salaries as indicated per position description. Councilman Arnerich seconded the motion. As a substitute motion, President Appezzato moved that recommendations 1 and 4 [itemized under Section entitled Discussion of the staff report: 1) to manage the Golf Complex as a separate operation, and 4) to restructure the job of the Golf Professional] be approved, and that recommendations 2, 3, 5, 6, and 7 be held until after completion of the reorganization for review by the Golf Complex General Manager, Golf Professional and Golf Commission. The City Manager stated that the staff recommendation accomplishes said substitute motion. Councilman Arnerich stated that recommendation 6 [to establish a computerized management and accounting system] should not be included because the system is already in place. Ed Trevethan, President, Golf Commission, stated that the Golf Commission had not received sufficient time to review the report regarding the reorganization; and requested that the Golf Commission be given the opportunity to review said report prior to Council taking action on recommendations 2, 3, 5 and 7. Regular Meeting, Alameda City Council September 19, 1995 President Appezzato withdrew the substitute motion. Following discussion, President Appezzato stated that the [Vice Mayor's] motion was to accept the report and the staff report recommendation; that he hoped it implied that the City Manger would ensure that all the recommendations [itemized under Section entitled Discussion of the staff report], with the exception of 1 and 4, would, at least, go back for review; and that he was sure it was intended. The motion carried by unanimous voice vote - 5. 5-D. (95-584) Resolution No. 12690 "Authorizing Execution of Agreement with Sports Restaurant, Inc. (SRI) for Exclusive Right to Sell Food and Beverage at the Chuck Corica Golf Complex." Adopted. Julia Lee, representing her family's business, Belly Roll Ben's, expressed interest in managing the restaurant at the Chuck Corica Golf Complex, and requested Council's consideration. In response to President Appezzato's inquiry, Ms. Lee stated that her father submitted a Request For Proposal. Rick Stone, Golf Commissioner, spoke in support of the Assistant City Manager's staff report recommendation "that the City Council, by Resolution, authorize the City Manager to execute a five year contract, with a five year option to be exercised at the discretion of Sports Restaurant, Inc. (d/b/a Legends and Heros Sports Bar and Grill) effective November 1, 1995, to provide the exclusive food and beverage service at the Chuck Corica Golf Complex; and that the City and concessionaire, by mutual consent, may renew said agreement for two additional five year periods." In response to President Appezzato's inquiry regarding SRI's financial strength, Commissioner Stone stated that SRI's revenue potential far exceeds what the City currently receives, and it has good financial and track records. In response to Councilmember Lucas' inquiry concerning quality of food, Commissioner Stone stated that he has visited three SRI establishments; sampled the quality of food and enjoyable atmosphere; and stated that SRI will be an improvement. Gerhard Degemann, Alameda, addressed the Council in support of the recommendation. The City Manager provided a background profile of SRI and reviewed the contract. Regular Meeting, Alameda City Council September 19, 1995 6 3''1 President Appezzato referred to Section 10.02 of Article 10 entitled Termination; Expiration of the Contract, and expressed its importance. In response to Councilman Arnerich, the Assistant City Manager stated that SRI has proposed an operational protocol to be agreed upon between the City and SRI; protocol language would allow special events for co-sponsored City activities at no cost to the City; SRI intended to abide by the City's Non-Smoking Ordinance; SRI does not intend to sell cigarettes in vending machines; and that SRI does intend to have cigarettes for purchase behind the bar. Councilman Arnerich urged SRI to reconsider their position regarding the sale of cigarettes. President Appezzato stated that the City should not impose any restrictions on SRI that are not imposed upon others. Vice Mayor Mannix concurred. In response to Councilmember Lucas' inquiry regarding regulations on smoking in bars, the City Attorney stated that smoking would be permitted in the bar section provided SRI met the criteria set for ventilation and separation from the restaurant. In response to President Appezzato, the City Manager stated that State and local laws are in place to control smoking, and that SRI is required to follow said laws. In response to Councilmember Lucas' inquiry, the City Manager stated SRI plans to modify the heating-, venting- and air- conditioning system; and that changes would need to comply with regulations to allow smoking in said area. Dan Beaver, Sports Restaurant Inc. (SRI), stated that SRI had no intention, whatsoever, of modifying the restaurant to make the bar a smoking area; that, in fact, they promote the entire facility to be non-smoking. Vice Mayor Mannix moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (95-585) Report from the City Manager regarding Modified Work Week in City Facilities. (Vice Mayor Mannix) Accepted. Allen Derr, Alameda, expressed concern that the Vehicle Employee. Ratio [trip reduction goals to comply with air quality mandate] was one reason given for modified work week. Regular Meeting, Alameda City Calmed September 19, 1995 President Appezzato concurred with Mr. Derr. Marion Miller, President, Alameda City Employees Association (ACEA), submitted a petition opposing a voluntary reduced work week; and inquired where the money was coming from to pay for the new positions at the Golf Course. The City Manager stated that the Golf Course General Manager is a restructuring of the existing position called Golf Course Operation Manager, and the Golf Professional is changing from a Contract-to a City employee. Ms. Miller questioned the estimated costs given; stated that she did not understand how costs were determined; and that ACEA employees had taken the brunt of the financial crisis. President Appezzato stated that the City has a great number of financial challenges ahead. Councilmember DeWitt requested that the City Manager respond to Ms. Miller's comments regarding ACEA employees taking a disproportionate hit. The City Manager explained the history of the modified work week; reviewed the staff report; and gave an overview of the ACEA Memorandum of Understanding (MOU). In response to Councilmember Lucas, the City Manager stated that as soon as the work was completed at the library on accessibility for the handicapped, the library would be open six days a week beginning in November; and if the work is completed sooner, $60,000 was set aside from the project's savings to facilitate opening the library six days a week. Councilman Arnerich referred to the petition submitted by ACEA President Miller, and stated that Council should listen to what the employees are saying. Vice Mayor Mannix moved that the City Manager be directed to work out, with Department Heads, a schedule based on a four-day work week, with Mondays and Fridays established as a third alternate day off; and report back to Council with an assessment and ramifications. Councilmember DeWitt seconded the motion. Councilmember Lucas spoke in opposition to the motion; she stated that the citizens are now familiar with the four-day work week; that other than the library, she has not heard any complaints; and she preferred to continue a four-day work week with all employees off on Fridays. Regular Meeting, Alameda City COMIC 11 September 19, 1995 8 39,3 Vice Mayor Mannix stated that the City's smaller departments may not be able to participate in a modified work week due to lack of personnel, but larger departments had the ability to participate. Councilmember DeWitt spoke in support of the motion and stated that the purpose of government is to provide service to the public. President Appezzato stated that he did not support the four-day work week, and felt that said work week was a result of spending money without generating revenue to pay for such. The motion carried by the following voice vote: Ayes: Councilmember DeWitt, Vice Mayor Mannix and President Appezzato - 3. Noes: Councilmembers Arnerich and Lucas - 2. Absent: None. Abstention(s): None. (95-586) Final Passage of Ordinance No. 2700 "Amending the Alameda Municipal Code by Amending Section 30-2 (Definitions), Section 30-12 (Additional Requirements for Bars and Packaged Liquor Stores), Section 30-4.10 (C-M, Commercial Manufacturing District), Section 30-4.11 (M-1, Intermediate Industrial District) and Section 30-4.12 (M-2, General Industrial District), to Revise Definitions and Regulations for Convenience Stores, Grocery Stores, and Liquor Stores." Finally adopted. Vice Mayor Mannix moved final passage of the Ordinance. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (95-587) Final Passage of Ordinance No. 2701 "Amending the Alameda Municipal Code by Repealing Article IV (Dilapidated Building and Structures) in its Entirety, and Replacing with Revised Article IV (Unsafe, Dangerous and Substandard Buildings; Nuisances) of Chapter XIII (Building and Housing)." Finally adopted. Allen Derr, Alameda, spoke in support of the Ordinance. In response to Mr. Derr, the City Manager stated that due to the Code enforcement issue, the Police Department was deemed more appropriate for the new positions rather than the Fire Department. Don Bergen, Alameda, addressed the Council in support of the Ordinance and stated that Police Officers should not be used for Code enforcement. In response to Mr. Bergen's comments, Vice Mayor Mannix stated that the Chief of Police was present at the Ordinance's first reading; that the new positions would be filled by police service technicians who handle a number of enforcement issues. Regular Meeting, Alaineda Coy Council September 19, 1995 34 In response to Mr. Bergen's inquiry regarding why police service technicians do not stop recycling panhandlers, the City Manager explained the intent of the program and how the Code amendments would assist the City in curtailing the problem. Councilmember DeWitt stated that the Ordinance would allow the City to enforce regulations which protect citizens from recycling panhandlers. Vice Mayor Mannix moved final passage of the Ordinance. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (95-588) Final Passage of Ordinance No. 2702 "Amending the Alameda Municipal Code by Adding Section 2-16 (Housing and Building Code Hearing and Appeals Board) to Article II (Boards and Commissions), Chapter II." Finally adopted. Councilman Arnerich moved final passage of the Ordinance. Vice Mayor Mannix seconded the motion. At the request of Councilmember DeWitt, the City Manager explained the advantages of the Municipal Code amendments. The motion carried by unanimous voice vote - 5. (95-589) Final Passage of Ordinance No. 2703 "Amending the Alameda Municipal Code by Repealing Subsection 1-5.1(d) (18f) Uniform Swimming Pool Code of Section 1-5 (Penalty Provisions), in its Entirety." Finally adopted. Councilmember Lucas moved final passage of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-590) Final Passage of Ordinance No. 2704 "Amending the Alameda Municipal Code by Adding Section 13-8 to Chapter XIII (Building and Housing) Adopting the Uniform Housing Code, Amending Subsections 9 and 10 of Section 1-5.1(d) and Deleting Subsection 18 of Section 1-5.1(d) of Chapter I." Finally adopted. Councilman Arnerich moved final passage of the Ordinance. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-591) Final Passage of Ordinance No. 2705 "Repealing Article V of Chapter XXX (Development of Abandoned Commercial Properties) and Amending Chapter XIII of the Alameda Municipal Code by Adding Section 13-11 Relating to Boarded Buildings and Vacant Parcels, and Imposing an Administrative Penalty on Owners of Long- Regular Meeting, Alameda City roumil September 19, 1995 3 , 5 Term Boarded Buildings and Vacant Parcels Which Are Not Under Repair or Actively Offered for Sale, Lease or Rent." Finally adopted. Councilmember Lucas moved final passage of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-592) Final Passage of Ordinance No. 2706 "Amending Chapter XIII of the Alameda Municipal Code by Adding Section 13-12 Imposing an Annual Boarded Building and Vacant Parcel Monitoring Fee." Finally adopted. Allen Derr, Alameda, expressed concern regarding the wording of the Ordinance, including the intended meaning of the word "vacant" and requested a clarification. The City Attorney stated that the word "vacant" does not mean "not occupied;" that for clarification purposes, a sentence would be added to the definition of vacant parcel, upon Council's approval, which would exempt a building that is obviously still occupied and the resident is e.g. extended vacation. Councilmember Lucas moved final passage of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-593) Final Passage of Ordinance No. 2707 "Amending the Business License Tax Ordinance for the City of Alameda to Provide a Credit for Businesses Conducted at the Former Naval Air Station." Finally adopted. John Scott Graham, Alameda, spoke in support of the Ordinance and suggested that a similar credit be provided to all Alameda businesses. Gerhard Degemann, Alameda, spoke in support of the Ordinance. Councilman Arnerich moved final passage of the Ordinance. Councilmember Lucas seconded the motion. John Scott Fee, Alameda, offered certain suggestions for base reuse. The motion carried by unanimous voice vote - 5. (95-594) Final Passage of Ordinance No. 2708 "Amending the Improvement Tax Regulations of the City of Alameda to Provide an Exemption for Improvements Constructed at the Former Naval Air Station." Finally adopted. Regular Meeting, Alameda ('ity Council September 19, 1995 396 John Scott Graham, Alameda, offered various suggestions for generating revenue. Councilmember Lucas moved final passage of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (95-595) Allen Derr, Alameda, commended the City Council for restoring the East Wing of the Historic Alameda High School. (95-596) Neil Patrick Sweeney, Alameda, discussed San Francisco Mayoral Candidate Willie Brown's proposal to create gambling opportunities on Treasure Island; and requested that the City Council ask Willie Brown to research the possibility of including Alcatraz and Angel Islands. (95-597) Don Bergen, Alameda, stated that he believed the Social Service Human Relations Board had overstepped its boundaries; and requested that the next Council agenda include consideration of terminating the Board's funding. COUNCIL COMMUNICATIONS (Communications from Council) (95-598) Consideration of Mayor's nominations for two appointments to the Recreation Commission. President Appezzato nominated Gail Wetzork for reappointment and J. Shirriel for appointment to the Recreation Commission. (95-599) Councilman Arnerich requested that the City Manager be requested to prepare a report, within 30 to 60 days, on the possibility of removing the Fire House, wooden shack, and waste management bin on Island Drive. (95-600) Councilman Arnerich requested a status report on the houseboat in the Estuary. The City Manager reported that the Attorney General's Office had prosecuted and the houseboat would probably be removed this month. (95-601) Councilmember DeWitt stated that he would like to recommend to the City Manager that the Community Development Department determine whether there are ways to assist commercial property owners unable to handle said properties, such as upkeep and meeting Code requirements. (95-602) Councilmember Lucas stated that there were problems with a rottweiler dog in the 2600 block of Lincoln Avenue, and she would like to be provided with a status report. Regular Meeting, Alameda Cm. Council September 19, 1995 327 (95-603) Councilmember Lucas stated that she received complaints about Greystone Homes; that construction work is permitted beyond the hours of 7:00 a.m. to 7:00 p.m. at the site on Aughinbaugh Way and Orr; that there have been a number of complaints made to the Police Department; and that she would like a report on the matter. (95-604) Councilmember Lucas stated that she would like to find out from the Park Street Business Association what has been done to keep Park Street looking good; that it did not make sense to have City-approved news racks unused and/or partially used, and junky ones utilized, e.g. chained to the street poles. ADJOURNMENT p.m. (95-605) President Appezzato adjourned the meeting at 9:53 Respectfully submitted, DIdiE B. FELSCH, C C City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. RegularMeeting.ArlaCity(Mmcil September 19, 1995