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1994-04-05 Regular CC MinutesMINUTES OF REGULAR MEETING OF THE ALAMEDA CITY COUNCIL APRIL 5. 1994 The meeting convened at 7:50 p.m. (following the Housing Authority Board of Commissioners Quarterly Meeting) with President Withrow presiding. Vice Mayor Roth led the Pledge of Allegiance and Reverend Jack Buckley, First Presbyterian Church, gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 94-160 Proclamation Declaring April 22, 1994, as Earth Day 1994. Mayor Withrow read the proclamation. 94-161 Proclamation Declaring the Month of April, 1994, as California Earthquake Preparedness Month. Mayor Withrow read the proclamation. Councilman Arnerich stated he would like staff to follow up on an article on disaster preparedness in Sunday's examiner by Admiral Bitoff, Director of Earthquake and Disaster Preparedness, City and County of San Francisco. 94-162 Proclamation Declaring the Month of April, 1994, as Fair Housing Month. Mayor Withrow read the proclamation and presented it to Jeanette David. Ms. David, Sentinel Fair Housing, thanked Council for acknowledging the important matter. CONSENT CALENDAR President Withrow announced that, at the request of citizens and a Councilmember, reports concerning Maintenance Bond for Costa Brava (94-172); plans and specs for Bicycle Path (94-173); East End Ferry Vessel Commissioning Ceremony (94-174); and Amendment to HOME Funded Contract with ALL Housing, Inc. (94-175); were removed from the Consent Calendar for discussion. Councilmember Lucas stated she will abstain on the Bills for ratification (*94-171) as she has a conflict of interest on one bill. Regular Meeting, Alameda City Council April 5, 1994 Vice Mayor Roth moved the remainder of the Consent Calendar. Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 5. [With the exception of one abstention on (*94-171).] Items so enacted or adopted are indicated by an asterisk. *94-163 Minutes of the Regular Council Meeting of March 15, 1994. Approved. *94-164 Report from Public Works Director recommending Council Authorize Amendment to extend term of service funding and Equipment Lease Agreements between City of Alameda and Alameda-Contra Costa Transit District, Alameda Real Estate Investments (AREI), and Harbor Bay Business Park Association. Accepted. *94-165 Report from the Fire Chief recommending Council direct staff to request that the State Fire Marshal adopt Fire and Panic Building Standards for Single-Family Dwellings. Accepted. *94-166 Resolution No. 12509 "Authorizing Staff to Apply for Environmental Mitigation Program Grant for the Doolittle Pedestrian/Bike Path Enhancement Project (Landscaping and Recreational Accessibility Landings) and Affirming the City's Authority to Carry out said Project." Adopted. *94-167 Resolution No. 12510 "Appointing an Engineer and an Attorney for Island City Landscaping and Lighting Assessment District 84-2." Adopted. *94-168 Resolution No. 12511 "Resolution of Appreciation to the Volunteers for the City of Alameda." Adopted. *94-169 Resolution No. 12512 "Authorizing the Filing of a Claim with the Metropolitan Transportation Commission and the Alameda County Board of Supervisors for Allocation of Transportation Development Act, Article 4.5, and Alameda County Measure B Funds for Fiscal Year 1994-95." Adopted. *94-170 Written Communication from Chair, Independent Cities Association, Sherman Oaks, California, urging the City to oppose AB3156 (Tucker) and AB3721 (Tucker) which threatens the rights of cities to make decisions relating to city services, e.g. emergency ambulance services. Accepted. *94-171 Bills, certified by the City Manager to be true and correct, were ratified in the amount of $4,038,296.67. [Councilmember Lucas abstained.] 94-172 Report from Public Works Director recommending release of the Maintenance Bond for Tracts 4024, 4025, and 4026 (Costa Brava, Regular Meeting, Alameda City Council April 5, 1994 Harbor Bay Isle). Gerhard Degemann, Alameda, inquired whether the Public Works Director had obtained a communication from the Homeowners' Associations concerning the contractor's work. The Public Works Director responded that staff spoke to the Associations, and his understanding is that nothing extra needed to be done. Councilmember Appezzato moved that the City get written communication acknowledging the Homeowners' Associations [satisfaction], and the matter be placed back on the agenda. Councilman Arnerich seconded the motion. The City Manager noted that Council may hold the matter off to get Homeowners Associations' concurrence, but Council does not need it. Councilman Arnerich commented that the City Manager is correct the City has the authority, but he thinks it is better to tie it up [with the Associations' concurrence]. The motion carried by unanimous voice vote - 5. 94-173 Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Mariner Square Drive Bicycle Path, Tynan Avenue to Marina Village Parkway, No. P.W. 03-94-03. Don Bergen, Alameda, stated funds could be better spent, e.g. for a fire truck or an extra policeman on the beat. The City Manager explained funds from this development cannot be used for anything other than mitigating the impacts of this development on the City. The Public Works Director noted Mr. Bergen spoke of figures for another project: the Doolittle Landfill Pathway Project. Councilmember Lucas moved approval of recommendation. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 94-174 Report from Public Works Director recommending approval of the East End Ferry Vessel Commissioning Ceremony. Gerhard Degemann, Alameda, stated ferry riders should be invited to the Ceremony. Mayor Withrow stated that he looks forward to having all ferry riders attend. Regular Meeting, Alameda City Council April 5, 1994 Don Bergen, Alameda, stated that he would prefer funds for the event be saved. Vice Mayor Roth stated it is important that the ferry riders and UCSF be invited to participate. President Withrow commented that the ferry boat was paid for by State transportation funds basically, and provided debt-free to the City. Vice Mayor Roth moved the recommendation. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 94-175 Report from Community Development Director recommending Amendment to HOME Funded Contract with ALL Housing, Inc. for Purchase of 461 Haight Street. Councilmember Lucas stated that she wants to be sure the Community Development Director makes it clear to the organization that the City has community maintenance standards. The Community Development Director noted landscape requirements have been included in the agreements with the agency. Susan Garbuio, Bay Area Community Services, stated that the agency knows they have maintenance agreements; it was added to their contract the last time they were before Council; and they take great pride in their properties. Councilmember Lucas moved the recommendation. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. AGENDA ITEMS 94-176 Written Communication from Dora N. Calhoun, Alameda, requesting that "crematorium" be deleted as a permitted use in a C- 2 zone; and consideration of rezoning a portion of Lincoln Avenue from C-2 to R-5. (Councilmember Lucas) Mayor Withrow inquired how many persons were present in the audience concerning Written Communication regarding a proposed crematorium; and noted that many hands were raised; he stated that he, Mr. Carpenter of Direct Funeral Service, and the Planning Board President met in his office to discuss the issue; Mr. Carpenter was agreeable to consider proposals; he assured Mr. Carpenter of assistance in finding an appropriate industrial location; written withdrawals of the design review application by Mr. Carpenter, and property owners' consent to application by Marietta Hanan, have been made; therefore, there is no longer an issue as it relates to that property; and inquired if persons still wanted to address the item. A number of persons indicated they did. Regular Meeting, Alameda City Council April 5, 1994 0 Councilmember Appezzato moved the item be taken out of order. Mayor Withrow stated some persons at home may be waiting for the item to be addressed later in the evening. Councilman Arnerich suggested the speakers be heard, and the matter held open in case speakers arrived later. The City Attorney responded that could legally be done. Al Carpenter stated close to 50% of Alamedans choose cremation; cremation is done in Oakland, Emeryville and Richmond, and it is time for Alameda to have a crematorium and a cemetery. Councilmember Appezzato stated he believes the people empathize but do not want a crematorium in a residential area; and thanked Mr. Carpenter for his cooperation. Councilman Arnerich applauded Mr. Carpenter's withdrawal when he learned the residents were concerned; and stated he personally would not want a crematorium near his residence. Mayor Withrow thanked Mr. Carpenter for pulling the application, and stated the City will help him find an appropriate area. David Brownson, Alameda, stated neighbors have been requesting, and are still requesting, that the neighborhood be residential. Amy Wheat, Alameda, thanked property owners for withdrawing, commended neighborhood committee's quick action to oppose matter; stated risks are involved when crematorium is close to residences; regulations should be passed to conform to General Plan; and requested Council rezone property, eliminate crematoriums as permitted use of C-2 property, or within City limits. Gene Calhoun, Alameda, stated rezoning should take place in accordance with General Plan; 16 crematoriums exist within a ten mile radius of Alameda; and certain hazards exist when crematoriums are in residential neighborhoods. Councilmember Lucas thanked Mr. Calhoun and other committee members for educating themselves in the matter and an impressive democratic approach. Councilmember Appezzato concurred. Marva Lyons, Alameda, stated she is concerned, not only for the neighborhood but the entire City; noted the affect the presence of crematoriums has on day care centers and schools. Tim Rumberger, attorney representing property owners, stated the Hanans do not object to downzoning of their property if they are allowed to continue with their current preexisting non-conforming use, a business they have had over a decade. Regular Meeting, Alameda City Council April 5, 1994 Si Michael McDonald, Alameda, stated no one knew until the 23rd of March about the crematorium; thanked Council; and stated all have learned from the experience. Councilmember Appezzato stated he has no reason to not support the rezoning from C-2 to medium density residential; Council must continue to protect the quality of life in Alameda; and he will support the rezoning of the neighborhood and hopes it can be done this year. President Withrow stated the matter is an open item and will be brought up in its agendized timeframe. [Continued to page following paragraph 94-187. * * * * Council recessed and reconvened at 9:05 p.m. * * * * 94-177 Resolution No. 12513 "Appointing Judy Tam as a Member of the City Social Service Human Relations Board." Councilmember Lucas moved appointment. Vice Mayor Roth seconded the motion, which carried by unanimous voice vote - 5. The Deputy City Clerk administered the Oath of Office and presented certificate of appointment to Judy Tam. Actions Related to Base Conversion Process. 94-178 Status Briefing to Base Conversion Process. Project Manager Don Parker commented on the Federal screening process; stated the only federal agency that has expressed an intra-government transfer of facilities is the Coast Guard; the Coast Guard has interest in 482 housing units located in the Navy Base, the housing office adjacent to the north housing area, and being a minor tenant to an airfield operation should it remain in place. 94-179 Authorization to execute Alameda Reuse and Redevelopment Authority Joint Exercise of Powers Agreement. Neil P. Sweeney, Alameda, stated UCSF hospital should be within the NAS property. Don Roberts, Alameda, stated he is not clear concerning voting requirement, and that less than a quorum may adjourn, as noted in the agreement. The City Attorney explained the nuances of the voting requirement; Regular Meeting, Alameda City Council April 5, 1994 and stated the quorum requirement is a standard clause so that if there is not a quorum, the body may take action to adjourn. Councilman Arnerich, in response to Mr. Sweeney's comments on UCSF locating at the NAS, inquired of City Manager, who attended negotiations, if it is correct that UCSF has no desire to go to NAS. The City Manager stated that is correct. Vice Mayor Roth inquired_ if Alameda County has approved the Agreement, and the City Manager stated the County approved unanimously. Vice Mayor Roth moved to approve the Joint Powers Agreement. Councilmember Lucas seconded the motion. Councilmember Lucas inquired where the Authority stands with the East Bay Conversion and Reinvestment Commission (EBCRC), and if the EBCRC will continue to exist. President Withrow stated the Commission will at least complete this year, is charged with providing a report to the federal government addressing issues with respect to conversion matter and how we approached identifying and defining problems in the things that worked and that did not work; and may continue to meet and discuss regional issues; commented the reuse authorities for Alameda and Oakland will be separate and will deal directly with the federal government concerning funding. Councilmember Appezzato thanked Mr. Parker for the work he has done on the Agreement. The motion carried by unanimous voice vote - 5. Mayor Withrow thanked Mr. Parker, City Attorney, and all persons who worked on the agreement; noted President Clinton stated he wants this NAS conversion to be the model for future conversions in the country. 94-180 Report by East Bay Municipal Utility District on the status and future planning of water supplies. (Mayor Withrow) John Lampe, Director of Water Planning, EBMUD, described EBMUD's plans for ensuring an adequate supply for high-quality water for the entire District; submitted to Council a bill insert from December/January billing period, and a summary of plans, policies and programs of the District to ensure adequate long-term water supplies. President Withrow stated he would like Mr. Lampe to address basic issue of whether there will be adequate water in the event of a drought, or in EBMUD plans, will there be a rationing process as in Regular Meeting, Alameda City Council April 5, 1994 the past. Mr. Lampe stated that over the long term, the District faces an inadequate water supply that stems from three primary reasons: increased economic and population growth within the District area; more importantly are two other factors: 95% of the water the District serves its customers comes from Mokelumne River Basin; East Bay Municipal Utility District is a substantial water rights holder on the Mokelumne, but many are senior to EBMUD with their water rights; e.g., Amador and Calaveras are rapidly-developing counties and in the future will use more of their water supplies; that will have substantial impact in reducing amount of water here; a major additional impact on water supply is the need to protect the natural resource of the Mokelumne River; Bay Delta issues and the reevaluation and reoperation of the Central Valley project, are all designed to provide more adequate insurance of protection of the natural resources in the Delta; additional water will need to be released into the Mokelumne; and there are three factors: senior water rights holders, additional releases required to protect a resource in the Mokelumne and normal customer growth, why we will have inadequate water supplies; the District commenced the planning process three years ago and included increased water conservation, water reclamation, development of conjunctive use program in San Joaquin County, and a critical assumption that during substantial droughts, customers will need to accept 25% rationing; and discussed current rainfall. President Withrow inquired if that means there are no other water supplies that are potentially available, to which Mr. Lampe stated there are supplies available, but also a lot of competition for the supplies. Vice Mayor Roth discussed conservation and rationing with Mr. Lampe, noting the City has cut way back, therefore to reduce another 25% will be too much. Mr. Lampe stated EBMUD is acquiring additional storage; nothing will be mandatory concerning further conservation. The expectation for rationing would be 25% district-wide; however, he will communicate Vice Mayor Roth's comments to the [EBMUD] Board. Councilman Arnerich discussed the building of dams, and the sale of water rights by individuals and by cities. Councilman Arnerich stated the Sacramento Bee, last Sunday, had a very interesting article on the issue. Mr. Lampe discussed the building of dams under current environmental rules; some dams will be built but not as many as in the past. President Withrow thanked Mr. Lampe for his presentation. Regular Meeting, Alameda City Council April 5, 1994 b Gerhard Degemann, Alameda, stated he has changed many things to conserve water, and does not know how he could cut back an additional 25%; discussed rates and stated EBMUD should have belt- tightening. 94-181 Recommendation to hold Quarterly Joint Meetings with the Alameda Unified School District Board of Trustees. (Mayor Withrow) Gerhard Degemann, Alameda, questioned the need of agendizing a meeting of two members of the Board and two members of City Council, under the new amendments to the Brown Act. The City Attorney stated she cannot answer that by yes or no and explained the many factors involved; it will depend upon whether a formal body has been created. President Withrow stated that the recommendation is his proposal to the Council that they establish a quarterly meeting, of the full body of the School Board and full body of the Council, with posted agenda, and that it start on the first Thursday in the month of July at 7:30 p.m. Councilmember Lucas moved the recommendation. Vice Mayor Roth seconded the motion. Under discussion, Councilmember Appezzato stated that he supports the proposal; however, he would like to get the comments of the School Board before approving it. President Withrow stated that he believes the Council needs to approve the proposal, and then go to the School District and propose it to them. Councilman Arnerich stated that he would not be voting for the proposal; he sees no reason for the full Council to meet with the full School Board; maybe current monthly meetings could be held quarterly; and if he had his choice, only the City Manager and School Superintendent would meet and report back to their respective boards. Councilmember Appezzato stated he will abstain until he hears the comments from the other elected body, the five members of the Board. The motion carried by the following voice vote: Ayes: Councilmembers Lucas, Roth and President Withrow - 3. Nayes: Councilman Arnerich - 1. Abstentions: Councilmember Appezzato - 1. 94-182 Presentation by Alameda City Hall Renovation Design Consultants regarding proposed seismic retrofit of Alameda City Hall. Regular Meeting, Alameda City Council April 5, 1994 Pam Helmich, principal of the firm of Crosby, Helmich Architects, stated they are in charge of doing the design and construction documents for the renovation of City Hall; the structural consultant of the project is also present, and they will provide further detail concerning the renovation project and specifically the structural system. The purpose of the project is to bring the City Hall building to an appropriate level of construction for seismic purposes, utilize square footage for better use of City offices, renew building systems and the life of the building. In response to Councilman Arnerich, Ms. Helmich stated the life of the building is estimated at 50 to 75 years because by that time, the mechanical systems will probably need to be looked at for updating to the state-of-the-art available. Responding to Vice Mayor Roth, Ms. Helmich defined bringing the building up to a suitable safety level as life safety for the individuals in the building, which is not currently present. Joe Sutton, Dasse Design, presented a description of the structural system, showing slides illustrating failure of unreinforced masonry buildings in earthquakes. President Withrow discussed the extent of destruction during an earthquake, and comparison of a retrofitted building to a new building with Mr. Sutton and Ms. Helmich. Vice Mayor Roth discussed with Mr. Sutton the relative damage to be sustained in various magnitude earthquakes depending upon proximity to the epicenter and other varying factors. Ms. Helmich stated the building has been identified for retrofit as other buildings in the City have been identified; and further answered questions posed by the Vice Mayor, e.g., she stated the City Hall is a monumental quality building and the question to be asked is: can a monumental quality building be built for the sum of $8,000,000, and the answer is no. The City Manager suggested Council may wish to wait until the bids are opened next week, and staff come back to Council with the cost of construction of a new building for comparison purposes. Councilmember Lucas stated the Los Angeles earthquake showed that newer buildings are not always safer buildings; and this building has stood the test of time; buildings built using latest techniques are not always safer because untested theories are involved. President Withrow stated he is not critizing redoing the building but it begs the question among the population of what are we paying for. Regular Meeting, Alameda City Council April 5, 1994 Councilman Arnerich stated, with today's technology, this building will be a safer place, will be more structurally sound, and Councilmember Lucas is correct that newness does not make a building sturdier; also, if the building is not retrofitted, it would need to be demolished, it cannot be used for anything else; so he will wait to see the bids. Mr. Sutton proceeded to show the types of failure that occur in unreinforced buildings, and several of the more significant components of the retrofit, explained the procedure that will be used and the use of epoxy grouting to increase stability; he sees no reason to believe there will be significant changes in the UMB ordinance for at least the rest of this decade; the answer to whether the Northridge earthquake changes anything being proposed for City Hall, is no. In response to inquiry by Councilman Arnerich, Mr. Sutton stated that the integrity of the epoxy is dependent upon being held under pressure as part of the brick assembly; the foam turning to dust is a result of epoxy seeping through holes in wall e.g. when conduits were placed, a flaking of dust will result; the solid product inserted in the void space remains intact. In response to Vice Mayor Roth, Mr. Sutton stated the foam has been used for twenty years, is used for reattachment of marble veneers in restoration projects; the City of Ventura, 12 years after installation pulled a sample from their walls and it was intact as when it was placed. * * * * Councilman Arnerich moved to continue the Council Meeting past 11:00 p.m. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. * * * * Councilman Arnerich moved acceptance of the recommendation as presented tonight. President Withrow thanked Mr. Sutton and Ms. Helmich for the presentation. Gerhard Degemann, Alameda, stated Oakland is going through renovation of City Hall and no one can answer to what earthquake magnitude the building is safe; and an example [Alameda City Hall] needs to be set for merchants who have been told to retrofit. David Plummer, Alameda, noted the City of Alameda reveres historic buildings, and stated to replace this building would cost many times the amount of retrofitting. Gayle Johnson, Alameda, stated he is a civil structural engineer, once worked with Mr. Sutton; testing can be done to address the aging process of the foam for $10-$20,000 which may take care of Regular Meeting, Alameda City Council April 5, 1994 some concerns expressed, and Council may wish to consider that. In response to Councilmember Lucas's question concerning testing, the Public Works Director stated staff discussed the matter but did not believe significant evidence of an aging problem existed; looked into the matter and could not corroborate foam problem. Councilman Arnerich moved to accept the report. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 94-183 Report from Chair, Economic Development Commission [EDC], regarding 1994-96 recommendations for follow-up to the Areawide Strategy Report. Helen Sause, Chair, EDC, stated the formation of the redevelopment project addresses the business districts and the waterfront; addressed funding and the affect of base closure; stated before us is a reaffirmation of the criticalness of the business district; long and short term recommendations outline steps to take during the budget process; basically, the recommendations are intended to be catalyst projects, e.g., the Alameda Theater, possible move of Recreation Department to Webster Street; and urged Council's adoption of recommendations. In response to Councilmember Appezzato's question if priorities have been set, and some type of budget or business plan put together on recommendations, Ms. Sause stated that will be in the budget process and they will work with City staff. Vice Mayor Roth stated he does not have a problem with this, but believes there should be a greater emphasis on Webster Street area, and other alternatives for catalysts. Ms. Sause stated perhaps the Housing Authority working in conjunction with the City might be able to make the Housing Authority property a catalyst. Councilmember Lucas stated Webster Street does require more emphasis; likes the recommendations, and the suggestion of the Housing Authority property; and looks forward to Ms. Sause's suggestions for use of the property. Ms. Sause stated other things can be done including signage that can make a significant difference in people's perception of Webster Street. Vice Mayor Roth moved acceptance of the report. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. Regular Meeting, Alameda City Council April 5, 1994 Actions Related to Funding Homeless Programs. 94-184 Report from the Community Development Director regarding Filipino-American Community Services Agency Proposal for Funding Midway Shelter through June 30, 1994. Ben Lopez, Alameda, thanked Council for decision in March to allocate $10,000 to enable Midway Shelter to keep operating through April 21; and Midway will close after April 21 if no funds are available; explained a number of strategies FACSA has considered and the funds raised; FACSA has decided on a number of fund-raising activities, e.g. concert, bingo; if the community continues to support the project, Midway can operate beyond June 30; and requested citizen donations. In response to Vice Mayor Roth, Mr. Lopez stated FACSA has applied for Federal Emergency Shelter Grant [FESG] funding, but does not know if it will be granted; and noted other proposals submitted and being worked on. Don Bergen, Alameda, stated FACSA has a political agenda; he does not mind helping Alamedans; however, if people are brought into the City to be helped, when cutbacks are being made; that is asking for too much. Mr. Bergen submitted a letter by Leo Thomas, Alameda, to be placed on file. Councilmember Lucas moved acceptance of the report. Councilmember Appezzato seconded the motion. Vice Mayor Roth stated he believes keeping the shelter open through June would be wise to provide continuity in order to be eligible for grant funding; start on next year's budget and if they are not able to get through next year, the City will have done all it could. Councilman Arnerich concurred with Vice Mayor Roth and inquired what amount is necessary to keep the Shelter going, to which the City Manager replied $10- to $15,000 would fund the shelter from mid-May to the end of June, and explained funding for next year, which will be heard by Council at a later date. Councilman Arnerich made a substitute motion to place the matter in the hands of the City Manager to keep funding going through June and leave it to City Manager to find the funds. Vice Mayor Roth seconded the motion. Councilmember Lucas stated she does not want to commit to funding both shelters as noted in attachment A of [paragraph 94-185] report; is concerned that Council is committed to funding the Midway and defunding UPA. Regular Meeting, Alameda City Council April 5, 1994 The City Manager stated that matter [outlined in paragraph 94-185 report] will come back April 19; and Councilman Arnerich's motion is a separate issue. Councilmember Lucas stated if Council votes to keep the Shelter open, it instills an idea that Council is going to keep it open under all circumstances for the next year also, when the attachment [See paragraph 94-1851 for next year's funding shows a reduction for UPA; therefore, she does not want to commit at this time, and probably [Councilman Arnerich's substitute] motion could be discussed at the next Council meeting after next year's budget has been reviewed. Councilman Arnerich stated it was his intention only for the City Manager at this time to find the funding to keep the Midway open to July 1, and if it requires $10-$15,000, we could address the other issues when we come back on April 19th. Councilmember Appezzato stated he supports Councilmember Lucas's original motion. FACSA has not requested additional funds at this time; the City Manager indicates we have funds through mid-May; Council can address this at the right time; and he will support the first motion. Vice Mayor Roth stated if Council does not keep Midway open until the end of June, we will be wiping out any chance of the Shelter to be self-sufficient. Councilman Arnerich suggested taking action on his substitute motion; reiterated that the motion is that Council place in the hands of the City Manager the ability to come up with funding to keep the Midway Shelter open to the end of June. The motion failed by the following voice vote: Ayes: Councilman Arnerich and Vice Mayor Roth - 2. Nayes: Councilmembers Appezzato, Lucas and President Withrow - 3. Absent: None. The original motion [Councilmember Lucas's] carried by the following voice vote: Ayes: Councilmembers Lucas, Appezzato and President Withrow - 3. Nayes: Councilman Arnerich and Vice Mayor Roth - 2. Absent: None. 94-185 Report from the Community Development Director regarding Comprehensive Homeless Intervention and Prevention Program Funding for FY 1994-95. Dom Dicolen, Alameda, United Pilipinos of Alameda (UPA), stated the proposed budget for FY 1994-95 reflects UPA funding will be reduced and during the coming year, if he cannot raise funds, UPA may go as Midway is going, and they may need to close for two months. Regular Meeting, Alameda City Council April 5, 1994 The Community Development Director stated on April 19th, the Department will propose allocation of CDBG funds to the Homeless program, and staff proposal will be to increase the program. Vice Mayor Roth stated Council is being presented with one possibility of how the $116,262 is broken out, and must decide how it is to be broken out, or it will keep coming back to Council. The Community Development Director explained the background of the the report. In response to Councilmember Appezzato, the Community Development Director explained the Direct Services allocation to the Red Cross and discussed the possibility of combining services of Midway and UPA program directors. Councilmember Lucas stated that she is not sure, with very different operations of the two shelters, that there could be more efficiency. The Community Development Director stated she believes they have achieved the major reform on consolidated services but continue to look at ways to cooperate and share resources. Councilmember Lucas stated she does not want to see reduced funding for the UPA Shelter. The Community Development Director stated basically, the proposal is not appreciably different from total fundraising they achieved in the past. Vice Mayor Roth stated if anyone of the groups received a grant, that could change how the balance of the money is split up. The Community Development Director agreed and stated that is why the one figure will be presented for the total program, because there are many ways the program could be affected. Councilmember Lucas stated she appreciates the Community Development Department is trying to do its best; because of the length of the existence of the UPA Shelter, her priority would be to fund the UPA; and moved to accept the recommendation. Councilman Arnerich seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, Lucas and President Withrow - 4. Nayes: Vice Mayor Roth - 1. Absent: None. 94-186 Report from Public Works Director regarding request from Central & Park Associates to install a door which would open onto City Property in the building located at 2314 Central Avenue. (Vice Mayor Roth) Regular Meeting, Alameda City Council April 5, 1994 Councilmember Lucas stated she will abstain on this matter because it is an easement issue. Martha Beazley, Alameda, stated that the potential renter would like an emergency exit because they plan to have retail in the front of the building and clients at the rear and upstairs; a walkway access is not being requested; the exit would be for subsequent tenants as well. In response to Councilman Arnerich, Ms. Beazley stated the door would be strictly for emergency use; the door would open inward and would not encroach on City.property. Charles Price, Alameda, Managing Partner, Central & Park Associates, stated the tenant rented the space provided they can have a door. Don Roberts, Alameda, stated he agrees with Public Works Director that there is no requirement for the closed door, nor any benefit to the City; he can see a possibility, if the City at some point decided it did not want the door opening on its property, City might at that time be exposed to litigation, similar to that concerning the Altarena Theater; and suggested Council deny the request. Vice Mayor Roth stated he does not see a problem with one more door opening on the property; the Courtyard has a large gate opening on the City property, so he does not have a problem with the door; the only requirement the City should have is signed agreements that if the City wishes to build a building on the parking lot and wants to close off that access, it would be acceptable; he is in favor of the door and moved accordingly. Councilman Arnerich noted a door is located a short distance from the proposed door opening into the parking lot with no caveats attached, and inquired what the difference is; and what value is lost. The City Manager stated that each time there is an access from the building to the parking lot, the possibility of implied consent to use that, an easement, is created; the Building Code does not allow for doors on a property line; the value of property would be lowered because a provision would be necessary for exiting from the door. In response to Councilman Arnerich, the City Manager stated the Public Works Director recommended, if Council agrees to the door, that an agreement protecting the City's rights should be made. Mrs. Beazley stated in the letter sent to Councilmembers, the statement was made that the door would be closed up at their Regular Meeting, Alameda City Council April 5, 1994 expense if the City, at any time, wants to build a structure on that property. Vice Mayor Roth stated if the property owner is agreeable to that, and the City is agreeable, that is all he believes is needed. Councilman Arnerich stated the motion should be clarified; he will support the door but there must be appropriate language in an agreement to protect the City. The City Attorney stated that if the Council is inclined to grant the door, the City's interest should be protected in terms of subsequent use; there are minimum conditions to consider: (1) a recorded agreement that would put any subsequent purchasers on notice, (2) if the City parking lot property's use was to be changed, the door would need to be removed at the owner's expense, and (3) the agreement would be binding only for the current owner of the adjacent building. Councilman Arnerich stated that a fourth condition should be added: that the door is used only as an emergency exit. Vice Mayor Roth modified his motion to include the four conditions. The Public Works Director noted that the Uniform Building Code does not allow a door on the property line, unless it goes to a public way; therefore, an easement will have to be put into the document to grant a clear path to the sidewalk. Vice Mayor Roth expressed concern regarding other properties with similar situations. President Withrow left the dais and Acting President Roth assumed the chair. Councilmember Appezzato stated that he can support the door if he can be assured by the City Attorney and the City Manager that the rights of the City are protected. Acting President Roth stated that there is a motion and second on the floor to draw up an agreement to allow the door. The City Manager suggested that Council direct staff to draw up an agreement to contain the necessary items shown in the Report after discussion with the property owners, and authorize staff to execute the agreement. Councilman Arnerich noted that the agreement will include the necessary protections. President Withrow returned to the dais. Regular Meeting, Alameda City Council April 5, 1994 On call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, Roth and President Withrow - 4. Nayes: None. Abstentions: Councilmember Lucas - 1. 94-187 Ordinance No. 2661, N.S. "Amending the Alameda Municipal Code by Amending Subsections 2-1.1 (a) and 2-1.1 (b) (1), and Repealing Subsection 2-1.1 (b) (2) of Section 2-1 (The City Council), Article I (The City Council and Meetings of the City Council), Chapter II (Administration) Thereof, Pertaining to Starting Time and Order of City Council Meetings. Vice Mayor Roth moved adoption of the ordinance. Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 5. CONTINUATION OF PARAGRAPH 94-176 Vice Mayor Roth moved that Council direct staff to delete from the C-2 district the word crematorium. Councilmember Lucas seconded the motion. In response to an inquiry from Councilmember Lucas regarding zoning requirements, the City Attorney stated that the redevelopment plan has to comply with the General Plan, and zoning should comply with the General Plan. The motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) 94-188 Gordon A. Christopherson, Alameda, stated that, as memory serves him, Council directed the City Manager on January 4, 1994, to meet with him and discuss differences between them [concerning requests for site plans for the project at 2801-2803], and that unresolved issues were to be placed on Council's agenda; he wrote a letter to the City Council on March 17, 1994, concerning one of the unresolved issues; he was advised by the City Clerk that the letter was not placed on the agenda this evening because no Councilmember directed the City Manager to do so; and he would like confirmation if that is the case. Mr. Christopherson stated that it seems clear to him the site plans requested are not covered by Sec. 19851a [Health and Safety Code] as the City Attorney asserts; and he would like a response. COUNCIL COMMUNICATIONS (Communications from Council) 94-189 Councilmember Lucas stated that as a member of the Regular Meeting, Alameda City Council April 5, 1994 Housing and Community Development Committee of the League of California Cities, she was approached by the City of Santa Ana regarding current state law which allows up to ten people in a one bedroom apartment; the law has created a big burden on the City of Santa Ana and they are asking for support on a Senate Bill; she would like the matter placed on the agenda; and the Alameda Rental Owners is also in support of the Bill. 94-190 Mayor Withrow stated that he is proposing April 25 - May 1, "Let's Stop Kids Killing Kids" week; it is tied to a U.S. Conference of Mayors' program; the School District has agreed to take three of the six days, the City Manager is going to take a couple, one including the Police Department, to focus on communication and listening skills; and on April 26th a movie will be shown on Channels 2 and 5 at 8:00 o'clock. ADJOURNMENT President Withrow adjourned the meeting at 1:10 a.m. pectfully submitted, D E B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. Regular Meeting, Alameda City Council April 5, 1994