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1993-02-16 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL FEBRUARY 16. 1993 The meeting convened at 7:36 p.m. (following the Community Improvement Commission Meeting) , with President Withrow presiding. Mayor Withrow announced the 75th Anniversary of the Alameda Council of Boy Scouts of America and commended the leaders and Scouts. Representatives of the Alameda Council then Posted the Colors, led in the Pledge of Allegiance and presented a Tribute to the Flag. Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth, and President Withrow - 5. Absent: None. ANNOUNCEMENT OF CLOSED SESSION ACTIONS Mayor Withrow announced Council convened in Closed Session prior to the Regular Meeting to consider: 93-070 Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Mayor Withrow stated Council gave further instructions to City negotiator. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 93-071 Proclamation Declaring the Week of February 14-20, 1993, as Alameda Mental Health Awareness Week. Mayor Withrow read the proclamation and presented same to Virginia Krutilek, Four Bridges Advisory Committee, and Anthony DeSimone, President, Social Service Human Relations Board. President DeSimone announced a Mental Health Forum will be held on February 18th, and encouraged everyone to attend. Mayor Withrow thanked the two organizations for sponsoring the Forum. 93-072 Proclamation Declaring the Week of February 21-27, 1993, as Rotary International Week in Alameda. Mayor Withrow read the proclamation and presented same to William Lewis, President, Alameda Rotary Club. President Lewis reported on local and international Rotary achievements. CONSENT CALENDAR At the request of citizens, reports 93-080 concerning Stop Sign and February 16, 1993 93-081 Grant Agreements, were removed from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk.. *93-073 Minutes of the Special Council Meeting of February 1, 1993. Approved. *93-074 Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Mastick Senior Center Roof Reconstruction, No. P.W. 9-92-14. Accepted. *93-075 Report from Finance Director transmitting the Investment Report for January 31, 1993. Accepted. *93-076 Report from Community Development Director recommending Reprogramming of CDBG Funds and Amending FY 1992-93 CDBG Final Statement. Accepted. *93-077 Resolution No. 12367 "Authorizing Execution of State- Local Transportation Partnership Program (SB300) Agreement, No. SLTPP-5014, and Program Supplement No. 002 (Repair and Resurfacing of Certain Streets, Phase 14)." Adopted. *93-078 Resolution No. 12368 "Approving Letter of Understanding Between the City of Alameda and International Association of Firefighters, Local 689 Regarding Primary Transport Unit for Bay Farm Island." Adopted. *93-079 Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,523,742.06. 93-080 Report from Public Works Director recommending approval of Stop Sign Control at the Intersection of Bridgeway Road and Puddingstone Road. Accepted. Dennis Fay, Alameda, requested Council to defer matter until the Community of Harbor Bay Isle Association has an opportunity to, review the matter. The Public Works Director noted the matter to install the stop sign was placed on the Transportation Advisory Committee [TAC] agenda by an adjacent property owners' association, discussed and recommended by TAC. Councilmember Appezzato stated because the intersection affects a great majority of people living at Harbor Bay, he believes the request by Mr. Fay seems appropriate and moved the matter be sent to the Community of Harbor Bay Isle Association for input. February 16, 1993 Councilmember Lucas seconded the motion. Under discussion, Councilman Arnerich stated he understands the concerns but would not want discussions among associations to result in a stalemate; and questioned the City Manager if the homeowner associations could go back to the TAC, and [issue] subsequently returned to Council. The City Manager replied Council could request the matter be routed that way if there was new information that was not heard the first time. President Withrow suggested the Community of Harbor Bay Isle Association hold hearings and come forth with a position. President Withrow stated he hopes the Police Chief takes note that Bridgeway Road carries a lot of traffic at a very high rate of speed through an area populated with children and senior citizens; and that the crossing at Puddingstone Road is a long one, and may be an area where a patrol car, or a machine that states how fast a vehicle is traveling, should be considered. Vice Mayor Roth stated he could support the proposed stop sign, does not believe the matter needs to be returned to TAC, and when a position is received from the Association, Council can vote on it. Councilmember Appezzato reiterated his motion to send matter back for Association input and modified his motion to include Vice Mayor Roth's comment [not to go to TAC]. Councilmember Lucas agreed to the amendment to the motion, which carried by unanimous voice vote - 5. 93-081 Report from Community Development Director recommending allocation of "Alameda Thanksgiving" and Affordable Housing Funds for a Comprehensive Homeless Services Program and Authorizing Execution of Related Grant Agreement and Modifications (American Red Cross Alameda Service Center; Filipino-American Community Services Agency; United Pilipinos of Alameda. Councilmember Lucas stated she pulled the item from the Consent Calendar to note what a wonderful job the organizations did in providing shelter for Alamedans, and stated Council should express gratitude. President Withrow agreed. Virginia Krutilek, Alameda Homeless Network, stated the Network is excited with the program's development and extended an invitation to attend Open House at the Midway Shelter, March7th. Councilmember Appezzato moved acceptance of the report and recommendation. Councilmember Lucas seconded the motion. February 16, 1993 40 In response to Vice Mayor Roth, the City Manager stated the difference between the amounts reported concerning matching funds is due to the $3,571.25 in expenses for fund-raising activities. Councilman Arnerich commended the United Pilipinos of Alameda for their Homeless Shelter, noting their good reputation throughout the County and that they are one of the most outstanding groups in Alameda. The motion carried by unanimous voice vote - 5. Councilmember Lucas requested President Withrow to send letters of appreciation to the organizations on behalf of City Council. President Withrow stated that would be his pleasure. Vice Mayor Roth stated efforts by the organizations were outstanding. Elizabeth Vasquez, Alameda, Board President, Filipino-American Community Services Agency, thanked Council for its trust in the organization to run the Midway Center and stated the Agency would do its best to meet obligations and goals. REGULAR AGENDA 93-082A Public Hearing to consider a Negative Declaration and amendments to the Alameda Municipal Code by amending Subsections 30-21.2, 30-21.4, and 30-25 of Article I and Subsection 30-36 of Article II of Chapter XXX (Development Regulations), pertaining to the appeal procedures within the Zoning Ordinance. 93-082B Resolution No. 12369 "Adopting Negative Declaration, IS-92-10, for a Proposed Zoning Text Amendment to Amend the Appeal Process of Zoning Regulations." Adopted. 93-082C Ordinance No. N.S. "Amending the Alameda Municipal Code by Amending Subsection 30-21.2 (Administrative Variance), Subsection 30-21.4 (Administrative Use Permit), and Subsection 30- 25 (Appeals) of Article I (Zoning Districts and Regulations) and Stbsection 30-36 (Design Review Procedures) of Article II (Structural Design Review Regulations), Chapter XXX (Development Regulations)." Introduced. The Planning Director briefly summarized the matter which changes and clarifies the appeal processes with respect to decisions of the Planning Director; 1) [the proposal] changes the handling of appeals from a trial court/appeals court model where the administrative record is reviewed, new testimony is not taken, and decision is made on whether errors or oversights in the decision of the Planning Board were made, to the de novo model where Council sits in judgment as a body to consider any testimony presented, and exercises its own judgment about the findings and decisions made by the Planning Board; time lines would be reduced, and expenses for February 16, 1993 the appellant would be reduced as a verbatim transcript would not be necessary, overall appeal period reduced for certain kinds of permits, and appeal period shortened for zoning administrator. In response to Vice Mayor Roth, the Planning Director clarified appeal periods and stated Council would receive Planning Board minutes describing action taken, and written communications; and an appellant could address Council. Councilmember Lucas expressed concern that an applicant would have only one day to file an appeal following the Planning Board Meeting at which a Zoning Administrator's decision would be considered. The Planning Director stated if Councilmember Lucas would like to extend the time two or three days, that would be easy and straightforward to change. Councilmember Lucas stated she would prefer that. Councilmember Appezzato stated he was a Planning Board Member when this issue was addressed; he has no problem with Councilmember Lucas's recommendation to extend time to two or three days; and complimented Planning Director and staff. President Withrow noted there were no public speakers, complimented the process and commended Planning Director and staff. Councilmember Lucas moved to adopt the Negative Declaration. Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 5. Councilmember Lucas moved to introduce the ordinance with an addition of two extra days [amending the ordinance to provide three days] after the Planning Board [Meeting] at which a Zoning Administrator's decision was reported and accepted [Section 30- 25.1(b)]. Councilmember Appezzato seconded the motion which was carried by unanimous voice vote - 5. 93-083 Report from Assistant City Manager recommending the City Council approve the renaming of the Lincoln Park Baseball Field in honor of Dick Bartell. Councilman Arnerich moved approval of the report and recommendation. Councilmember Appezzato seconded the motion. Vice Mayor Roth stated, because the cost of, renaming City facilities/properties is $2500 each, he would like consideration of a moratorium until the City is in better financial shape. President Withrow agreed Council needs to watch expenditures but Dick Bartell should be in the Hall of Fame and is long overdue for this kind of recognition by the City; it is worth the $2500; in the future, we may wish to establish a group that would raise funds from among the service clubs. February 16, 1993 Councilman Arnerich stated the comments are well-taken; suggested a moratorium on renaming City facilities/properties be considered after Lincoln Park Baseball Field, Park-Otis Senior Housing Complex, and possibly, Buena Vista Park, are renamed. Councilmember Appezzato requested the City Manager to advise whether funds generated by Recreation Department special events, e.g., Fun Fair, can be used, to which the City Manager replied in the affirmative. Vice Mayor Roth inquired of the City Manager where funding comes from when renaming a facility or property is recommended by a Department other than Recreation, to which the City Manager responded, in the instance of the naming of the Anne B. Diament Senior Plaza, funds will come from the Housing Authority. In response to Vice Mayor Roth's inquiry regarding the renaming of the Corporation Yard, the City Manager responded the renaming had been deferred; regarding funding, staff will inform Council when monies are unavailable for dedications. Councilman Arnerich moved the recommendation to rename the Lincoln Park Baseball Field in honor of Dick Bartell. Under discussion, Vice Mayor Roth requested the City Manager to report back on the number of items to be renamed by Council. Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 5. 93-084 Report from Planning Director regarding the evaluation of Berkeley's Anti-Blight Ordinance for application in Alameda. (Councilmember Lucas) The Planning Director stated the proposed ordinance is basically a property maintenance standard which could be developed to apply to certain properties throughout Alameda; particular items to note are the need for due process including the right to be on notice, right to appeal, clarity of criteria the City seeks to enforce on property, and adequate staffing to ensure a follow-through; the estimate of staff is one person on staff for process of development and, when the program is in place, one and one-half to two staff persons to administer. Dorothy Boynton, Alameda, stated she believes the proposed ordinance is targeted at Goria Lohr, who painted her buildings silver. President Withrow stated he sees nothing in the ordinance that addresses the two silver buildings. Diane Coler-Dark, Alameda, stated the City will need a comprehensive anti-blight ordinance; noted how San Mateo distributes responsibilities concerning its ordinance, e.g., February 16, 1993 3 hearings are held by a Housing Authority; perhaps responsibility should not be placed entirely in Planning Department; the EDC wants to formulate a work plan to approach property owners to find out what their intentions are regarding blighted properties and provides an opportunity to discuss violations and solutions; and if assistance can be offered. In response to President Withrow, the City Manager replied staff will determine whether the Housing Authority can play a role and also look at Ms. Coler-Dark's example of San Mateo's program. President Withrow stated that appeals to him; Alameda has an established structure [Housing Authority] with both citizen volunteers and government professionals to utilize. Councilmember Lucas stated the City Manager could also investigate whether Section 8 housing could be included in the program. Stan Shane, Alameda, offered, for enforcement purposes of proposed ordinance, to obtain legal descriptions of properties free of charge to City; read from former City Manager John Goss's letter dated 6/22/79 on ways to save more money; stated City should not add unnecessary staff nor have everyone working on the •same project. Councilmember Lucas thanked Planning Director for her thorough work and Ms. Coler-Dark for her interest; stated current ordinance has not worked; if proposed ordinance can be enforced that would be good, however, in current budget situation, this may not be the time. Vice Mayor Roth stated he agreed with the Mayor's statements; however, City currently has sign ordinance that cannot be enforced because of insufficient staff, and believes proposed ordinance would be the same; and Council needs to give consideration to that concern. President Withrow inquired if the Vice Mayor would support the proposed ordinance if the Housing Authority and Housing Commission take over cognizance of the ordinance. Vice Mayor Roth indicated he would if it does not cost money; Council could continue to look at the matter, find alternative, and perhaps another committee could be involved. President Withrow stated within the Housing Authority there is already a structure and a Housing Commission which perhaps could be expanded beyond the current number. Councilman Arnerich stated he does not believe Council is singling out the silver buildings; noted several sites that are vacant and are blights; queried if properties are abandoned, how the City could accomplish enforcement without condemnation. Febrtary 16, 1993 4 The City Attorney replied a specific process is outlined under the ordinance, and stated the City of Berkeley has exempted single family homes from their ordinance and also have an existing procedure for appeals and low income exceptions; the ordinance is currently applied only to commercial structures and rental single family homes. Councilmember Lucas stated the process needs to allow for certain circumstances, as when a house is being renovated. Councilman Arnerich stated Council should take a hard look at this matter; however, the first step should be taken. President Withrow stated he would like the proposed ordinance to be referred to as "beautification" legislation. Councilmember Appezzato stated he is opposed to enacting an ordinance that the City cannot enforce until City has the means and wherewithal to do so; and the ordinance which addresses commercial properties should either be incorporated into the proposed ordinance under discussion, or eliminated. Councilman Arnerich stated the Chamber of Commerce should become involved in the matter also. President Withrow agreed, and suggested that consideration be given to the Housing Authority as a group that could provide both a staff structure and a citizen volunteer structure to administer program. Vice Mayor Roth moved to defer action until staff can research matter further, determine how other jurisdictions administer program, zoning changes and design guidelines are achieved, and Housing Authority is considered to oversee program. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. Council recessed and reconvened at 9:17 p.m. * * * * 93-085 Report from Public Works Director on Stop Sign Control at Central Avenue and Fifth Street. (Vice Mayor Roth) Vice Mayor Roth stated he requested this item be agendized; since Paden School reopened, a safety problem exists; cars speed and crossing guard has difficulty stopping cars; a stop sign is needed at the intersection. In response to Councilman Arnerich, the Public Works Director stated, concerning Central Avenue and Fifth Street,• statistics were submitted to show how far the location is from meeting warrants criteria. President Withrow stated perhaps statistics do not support a stop February 16, 1993 sign at Fifth Street and Central Avenue because drivers are avoiding the intersection due to danger of entering Central from Fifth. Councilman Arnerich also noted there are two schools in close proximity to the area; if the stop sign is not approved, he would like to see the matter go back for reevaluation. Councilmember Lucas stated she supports Vice Mayor Roth's position and moved to approve installation of stop signs. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 93-086 Report from Finance Director transmitting the Mid-Year Review - 1992-93. Stanford Shane, Alameda, stated the Bureau of Electricity claims their rates are 15% lower than Pacific Gas & Electric (PG&E); because he lives on a private street and pays taxes for street lighting, maintenance, and street sweeping for which he does not receive anything [in return], he is double taxed; currently, East Coast Condominiums, Co-ops, and Planned Use Developments are fighting such double taxation; unlike PG&E, the Bureau sells tax- free municipal bonds for which citizens pay the interest; the Bureau should definitely be taxed or explain the so-called 15% lower rates than PG&E. At the request of Vice Mayor Roth, the City Manager reviewed budget adjustments made during the year by Council and Finance Director's recommendation in Exhibit A of report dated January 13, 1993, noting five changes in additional appropriations required to carry on the activities of the City; staff has not been able to offset $160,000 this fiscal year which means the balance in the General Fund, $5,000,000 at the beginning of this fiscal year, will fall by the end of this year by $160,000; the report mentions concern that the State will look to cities again to participate in balancing its budget; and stated City is looking at cutting 3.5 million dollars of the budget to send to the State from our property taxes. President Withrow stated the detriment from the State is not for the Mid-year review but is for next year. The City Manager agreed and stated the figures are for information and prospectively looking at the problems; the Finance Director listed a couple of areas for Council to look at and ways staff might investigate providing some funding for the future in terms of an in-lieu fee on Enterprise Funds. President Withrow requested staff to develop an ordinance which will incorporate a blight tax; a tax structure for properties [blights] costing the City significant amounts of money. The City Manager stated staff is requesting Council approve the February 16, 1993 6 budget amendments listed and secondly, if Council wants to pursue the Finance Director's recommendation to look at an in-lieu tax on the Enterprise Funds,, staff would take the concept to the Golf Commission and Public Utilities Board and bring their responses back to Council. Councilman Arnerich stated the concept is good as long as it goes back to those governing bodies; stated the Golf Course Complex, compared to the Bureau, takes in smaller amounts of money and if we keep taking monies away, it will put a drain on their capital improvement programs they wish to pursue; if the matter goes to the Golf Commission for their input and if it is feasible, he would approve; and requested extreme caution with regard to the Golf Course or anyone else. Councilmember Appezzato stated he has no problem with the budget adjustments but the three Enterprise Funds [Golf, Bureau of Electricity, Sewer] are businesses and should be treated as such; the City has done a good job; agrees with Councilman Arnerich that Golf Commission and Public Utilities Board (PUB) should review matter; his only concern is that he wants to be sure the property tax in-lieu fees, if assessed against the Enterprise Funds, are, in fact, revenue enhancers and that Council is not indirectly forcing the Golf Commission or the PUB to raise fees or rates indirectly that will affect taxpayers; if that is the case, he would rather the Council be "up front" and do that directly; they [Enterprise Funds] belong to the City and if we assess this one percent (1%), whatever it is called, it is still going to be a fee or rate on the taxpayers. Councilman Arnerich moved to accept the report and recommendations A and B: approve budget amendments and direct staff to solicit input from the Golf Commission and the Public Utilities Board for property tax in-lieu fees . Vice Mayor Roth seconded the motion which was carried by unanimous voice vote - 5. 93-087 Report from Fire Chief regarding integration of a Volunteer Firefighter Program into an Improved Disaster Preparedness Training Program for Alameda Citizens. Councilman Arnerich moved acceptance of report and recommendation. Councilmember Lucas seconded the motion. Vice Mayor Roth stated the Fire Department Volunteer Program Committee has done a fine job and accomplished what he anticipated, and commended the Chief and staff; if adjustments need to be made, they can be done at a later time but this is a great start. Councilmember Appezzato commended the Fire Department, Chief and Firefighters; stated concern that the cost of volunteers does not exceed a cost-effective ratio of dollars versus volunteer firefighters. The motion carried by unanimous voice vote - 5. February 16, 1993 President Withrow added his congratulations to the Chief and staff of Fire Department. NEW BUSINESS 93-088 Mayor's appointment of an Alternate Delegate to the Association of Bay Area Governments. Mayor Withrow appointed Vice Mayor Roth as Alternate Delegate to ABAG. 93-089 Councilmember Lucas requested staff to look at the Sign Ordinance as it relates to the banners located at Neptune Plaza. 93-090 Mayor Withrow requested staff to determine whether the banner at Independence Plaza is necessary. ADJOURNMENT Mayor Withrow adjourned the meeting at 9:50 p.m. Respectfully submitt d, D E B. FE SCH, C C City Clerk The agenda for this meeting was posted 72 hours in advance. February 16, 1993