1993-03-16 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
MARCH 16. 1993
The meeting convened at 7:25 p.m. with Acting President Roth
presiding. Councilmember Appezzato led the Pledge of Allegiance.
Reverend Juan Saavedra gave the invocation.
ROLL CALL -
Present: Councilmembers Appezzato, Arnerich,
Lucas, and Acting President Roth - 4.
Absent: President Withrow - 1.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS,
Vice Mayor Roth announced that Council met at 7:05 p.m., in Closed
Session to consider:
92-125- Significant Exbosure to Litigation, pursuant to
Subsection (b) of Government Code Section 54956.9 of the Brown Act:
Vice Mayor Roth stated no action was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
93-126 Presentation of Certificate of Appointment to Noel Folsom
as Member of the Finance Committee. (Councilmember Appezzato)
Councilmember Appezzato presented Certificate of Appointment to Mr.
Folsom, and expressed appreciation for his willingness to serve.
Mr. Folsom accepted the Certificate with words of appreciation, and
introduced his wife.
93-127 Recognition of Participants in Youth in Government Day,
March 9, 1993.
Vice Mayor Roth presented Certificates to the Participants, and
commented on Youth in Government Day activities.
Carolyn Knudtsen, Recreation and Parks Department, described the
Day's program.
CONSENT CALENDAR.
At the request of a citizen, report 93-134 concerning Street
Sweepers was removed from the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Councilman Arnerich seconded the motion which was
carried by unanimous voice vote - 4.
Items so enacted or adopted are indicated by an asterisk.
March 16, 1993
i75
*93-128 Minutes of the Regular Council Meeting of March 2, 1993,
and the Special Council Meetings of February 23, 1993, and March 2,
1993. Approved.
*93-129 Report from Public Works Director regarding the Status of
Traffic Signal Design at Central Avenue and High Street and at San
Jose Avenue and Fernside Boulevard. Accepted.
*93-130 Report from Finance Director transmitting the Investment
Report for February 28, 1993. Accepted.
*93-131 Report from Finance Director transmitting Sales Tax
Report for period ending December 31, 1992 for third quarter sales
transactions. Accepted.
*93-132 Resolution No. 12371 "Authorizing Application for
1993 Federal Emergency Shelter Grant Funds." Adopted.
*93-133 Bills, certified by the City Manager to be true and
correct, were ratified in the amount of $2,949,346.91.
93-134 Report from Public Works Director recommending Award for
Purchase of Two New 3-Wheel Mechanical Street Sweepers with High
Dump.
Stan Shane, Alameda, stated streets are poorly kept; questions need
for new Sweepers when Resident Manager of the Ballena Village Apts.
has not seen Sweepers since 1976 on Ballena Blvd.; sign on Lincoln
Avenue between Third and Fourth Streets reads "Street Sweeping
between 4:00 a.m. and 8:00 a.m.", however, questions whether
thoroughly swept and whether finished jobs, e.g. paving on Westline
Drive, are checked by Public Works.
Councilman Arnerich stated Mr. Shane is correct, and hopes
situation is looked at.
In response to Vice Mayor Roth,
that his Department has expended
on equipment maintenance costs;
sweeping when it rains; will
discussed; and when machinery is
swept on a regular schedule.
the Public Works Director noted
$91,000 during the last two years
cannot do a good job of street
look into the areas Mr. Shane
available, those streets will be
Councilman Arnerich stated perhaps signs should be modified to read
no street sweeping on rainy days to allow homeowners to park on
those days.
Public Works Director responded Police have indicated they do not
exempt people from parking citations because a Sweeper did not go
by that day.
Councilman Arnerich stated he would like discussion and report on
March 16, 1993
the matter at a later time.
Councilmember Lucas moved approval of the staff recommendation.
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 4.
* * * *
Vice Mayor Roth announced Mayor Withrow is in Washington, D.C.
working on the Base Closure issue; the Work Shop at 5:00 p.m.,
March 17, will not be held because a Special Meeting is scheduled
at 7:30 p.m.; Agenda Item 7-E (*93-139) [ordinance concerning
Special Assessment Improvement Procedures Law] was pulled from the
Agenda; a new Homeless Shelter opened; and a new business, Denim
and Diamonds, opened last week.
* * * *
REGULAR AGENDA
93-135 Report from Assistant City Manager transmitting the
Recreation Commission recommendation to rename Buena Vista Park in
Honor of Elector Littlejohn.
Don Sherratt, Alameda, requested Council name the park after
Elector Littlejohn; stated she is worthy and he hopes Council has
a pro vote.
Betty Murphy, Alameda, noted accomplishments of Mrs. Littlejohn,
e.g., initiating Martin Luther King and Black History celebrations;
she deserves to have a park named for her.
Betty Ballerini, Alameda, stated Mrs. Littlejohn was a committed
lady with a heart of gold, gave of herself, was a fine person and
well-deserving of this honor.
Nicole DeWitt, and Michaelyn Smith, Alameda, stated they spoke
together to show how children their age feel about renaming Buena
Vista Park to Elector Littlejohn Park; Mrs. Littlejohn fought
racism in a peaceful way; that is important because there is much
violence in schools; children need positive role models like Mrs.
Littlejohn; and hope the park will be renamed after her.
Don Grant, Alameda, stated he worked with Recreation Department,
would like park named for Mrs. Littlejohn who was unselfish, a
member of H.O.P.E., did much work in community, had no political
ties, and received no favors.
Neil Sweeney, Alameda, requested Council honor Elector Littlejohn
as recommended.
Michael Yoshii, Alameda, expressed his support for renaming the
park after Mrs. Littlejohn; and offered to help with funding.
March 16, 1993
Sophie Littlejohn Trascher, Oakland, stated she is overwhelmed by
request to rename a park in her mother's honor; her mother once
wrote that as a black citizen she was proud of Alameda; she was a
caring woman who led by example; family and friends are willing to
work financially with Recreation Commission on this project; and
thanked Council.
Nick Cabral, Alameda, stated we need a role model we can relate to
and he can take his granddaughter to Elector Littlejohn Park and
say, she raised all of us.
Councilmember Lucas stated having so many persons supporting the
renaming is very impressive, and would like the park renamed.
Councilmember Appezzato stated speakers have been eloquent and have
paid Mrs. Littlejohn a great tribute; and he will support the
renaming.
Councilman Arnerich commented the Littlejohn family are outstanding
citizens; Council has been honoring people who are deserving and
who unite the community; invited family of Mrs. Littlejohn to
stand; and moved Buena Vista Park be renamed in honor of Elector
Littlejohn at a time and date to be determined by the Recreation
and Parks Department and Recreation Commission, and that
appropriate ceremonies be provided.
Councilmember Lucas seconded the motion which was carried by
unanimous voice vote - 4.
James Littlejohn, Alameda, thanked Council, the citizens and
friends of their mother for this honor; she would have celebrated
her 77th birthday, Wednesday the 17th.
93-136 Report from Chair, Finance Committee, recommending City
of Alameda express its concerns over the proposed breakaway of
Contra Costa ratepayers from EBMUD.
John Barni, Sr., stated if Contra Costa does break away from EBMUD,
they should not be permitted to have East Bay water which could be
made available in case of another drought or sold at higher rate to
help lower rates for Alameda County.
Ruth Abbe, Alameda, stated Council should not support the breakaway
group; and citizens believe Council should support a tiered-rate
structure where, if you use more, you pay more.
Harry Reppert, Alameda, Member, Finance Committee, stated report's
intent was to alert the City that we have long term concerns over
quality of life including water supply; this is not about endorsing
the breakaway issue; this is an issue of registering our awareness
and concern over the integrity of the District.
March 16, 1993
Nancy Nadel, Oakland, Representative to EBMUD, reviewed some of
reasoning behind the move for secession; stated Contra Costa
efforts to secede from EBMUD is being promoted by building trades,
big developers and high volume water users; the most effective
position Council could take to represent Alamedans is to make sure
the group that wants to secede does not obtain access to water
rights; the most effective thing to do, if concerned about the
secession effort, is to write to EBMUD Board stating concern, and
include a concern that we support conservation pricing, an
inclining block rate, and send copies of letter to State
legislators, State Water Resources Control Board, and to the Chair
of the Water Committee, Assemblyman Dominic Cortese.
In response to Vice Mayor Roth, Ms. Nadel stated those who want to
secede are probably lobbying to see if they can get a long term
water source and rights to the water we have; the strongest
position we can take is to make sure they do not have access to
water rights because they have not been conscientious in the
reasonable use of water.
In response to Councilman Arnerich, Ms. Nadel stated obtaining
water from the delta as another source is a possibility although
impacts on, and water quality of, the delta must be considered,
therefore, they [those who would secede] would probably attempt to
procure Mokelumne River water.
Councilmember Lucas noted everyone views excessive water use as
irresponsible, and inquired if there are other issues e.g.,
construction of new homes; Ms. Nadel replied there is a planned
development in Contra Costa County beyond EBMUD service boundary;
and EBMUD has explained to them the concern about whether or not
there is water for that development and to consider that in their
Environmental Impact Report; they have approved development
agreement and EBMUD is now in litigation with them.
Ms. Nadel stated she would be glad to work with staff to help write
a letter to the State Water Board about Council's views on
reasonable use of water.
Councilman Arnerich stated appreciation for EBMUD coming to Council
regularly and the good working relationship between governmental
agencies for the benefit of the ratepayers; and appreciation to the
Finance Committee Members.
Councilmember Appezzato thanked Ms. Nadel and encouraged City
Manager to take advantage of Ms. Nadel's offer to assist.
Councilman Arnerich moved acceptance of the report and
recommendation; City express its concern over the proposed
breakaway of Contra Costa ratepayers from EBMUD; City contact
EBMUD, specifically Director John Coleman, and indicate support of
the inclining block rates, copies [of communication be transmitted]
March 16, 1993
79
to State Senator Nicholas Petris, Assemblywoman Barbara Lee, State
Water Control Board, and any other appropriate agencies.
Councilmember Appezzato seconded the motion which carried by
unanimous voice vote - 4.
93-137 Resolution No. "Approving Memorandum of
Understanding Between the International Association of Firefighters
Local 689 and the City of Alameda for the Period January 1, 1993,
through December 31, 1994." Held over.
The City Manager stated this item is a result of Council giving
directions to negotiators to renew an agreement with the
Firefighters for Fiscal Year 1993.
The Fire Chief stated, many workload and staffing changes that have
been agreed to in the MOU provide for efficiencies of service and
related cost savings; and while the MOU contains the potential of
increase in personnel cost, the savings will allow reduction of
personnel costs by approximately $135,000.
In response to Councilman Arnerich, the Fire Chief stated the
savings has a potential to grow to greater than $135,000 through
programs worked out by mutual agreement e.g., improvements in
disaster preparedness.
Councilman Arnerich clarified that with the savings generated by
the changes, enough revenue would be generated to take care of the
cost of living increase and end the year with a net savings; and
the Fire Chief stated that is correct.
Vice Mayor Roth noted this year contains no increase and next year
is tied to the consumer price index with a maximum of 4%, and may
only be 1, 2, or 3%.
Neil Sweeney, Alameda, stated he hopes Council will vote
affirmatively; the City has fine Fire and Police Departments,
should support them.
Stan Shane, Alameda, stated he was against the raise given to the
Police Department and is against the proposed increase to the Fire
Department; City has done nothing about inflation; former City
Manager John Goss, in 1979, suggested changes for Police and Fire
administration, and nothing has been done.
John Barni, Sr., Alameda, stated there must be a stop to giving
raises to City, State and Federal government employees; they are
the elite of the population.
Don Roberts, Alameda, stated Alameda's firefighters and police
officers are an elite group, the cream of the crop, and deserve to
be paid a proper wage; he has seen them risking their lives
March 16, 1993
60
carrying out duties and the amount paid is small in view of hazards
to which they are exposed; commended management and union for this
package; urged Council vote in support of MOU.
Councilman Arnerich stated the City has been hit with problems in
the last ten days: learning UCSF is not coming to Alameda, and
possible base closure; he would like to 1) obtain a copy of the
Fire Chief's figures, and 2) have this agenda item considered at a
Special Council Meeting, and inquired of the City Attorney if that
is appropriate.
Following discussion on procedural options to continue matter, the
Fire Chief further explained the figures, staffing changes,
unfilled positions, ongoing costs under the old contract, and
savings to be achieved under the new MOU.
Councilman Arnerich stated the Chief's presentation was excellent
but the decision is very important and he would like the entire
Council to be present and put their vote on record, including the
Mayor.-
Councilmember Lucas requested the Chief to provide a written
memorandum of his statement for the meeting tomorrow.
Vice Mayor Roth stated he will continue the meeting until tomorrow
night.
The City Attorney stated she would look at the options and provide
an answer before the meeting is adjourned.
93-138 Ordinance No. 2626, N.A. "Amending the Alameda Municipal
Code by Amending Certain Sections of Chapter VIII (Traffic and
Motor Vehicles) Thereof, Pertaining to Parking Enforcement Holidays
and Chapter XII (Parking Lots and Parking Meters) Thereof,
Pertaining to Parking for more than time Permitted in Parking
Space." Adopted.
Councilmember Lucas moved final passage. Councilman Arnerich
seconded the motion which was carried by unanimous voice vote - 4.
93-139 Ordinance No. ,N.S. "Amending the Alameda Municipal
Code by Adding Article VI (the City of Alameda Improvement
Procedure Code) to Chapter III (Finance and Taxation) Thereof,
Providing for the City of Alameda Special Assessment Improvement
Procedures Law, Including General Provisions and Definitions,
Powers and Procedures for the Purpose of Providing Financing for
Specified Purposes, and Certain Other Supplemental Provisions."
Held over.
Vice Mayor Roth announced this item was pulled from the agenda.
93-140 Written Communication from Chair, Solid Waste Management
March 16, 1993
Recycling Committee [SWMRC] requesting to Change the Curbside
Recycling Drop Box Revenue Fund Distribution.
Don Roberts, Alameda, requested Council 1) authorize the Solid
Waste Management Committee to solicit requests for proposals from
all eligible charities in Alameda, and 2) refer SWMRC's
recommendation regarding new charities for the $23,000 administered
by the Social Service Human Relations Board [SSHRB] be referred to
the Board for their recommendation whether the five charities
should continue or new charities should be allowed to compete.
In response to Councilmember Lucas, Mr. Roberts stated the $23,000
can be used for any function the charity wishes; for the $5800
[grant] available through the SWMRC, charities must identify ways
within their organizations that they are going to expand or improve
upon recycling efforts; the first grant awarded was to the American
Red Cross and their proposal was waste reduction which was paying
one-half the cost of a new computer; one SWMRC Member believed that
was a marginal recycling effort and additional charities should be
allowed to compete to provide more recycling-related efforts.
Responding to Councilmember Appezzato, Mr. Roberts stated the
Committee would issue request for proposals, make a selection and
provide a recommendation for Council's approval.
* * * *
RETURN TO PARAGRAPH 93-137: FIREFIGHTERS' MOU
The City Attorney stated Council may wish to adjourn the meeting to
tomorrow night at 9:00 p.m.; and the City Clerk has advised that
can be done quickly.
By consensus, Council agreed to adjourn the meeting to 9:00 p.m.
Wednesday, March 17, 1993.
RETURN TO PARAGRAPH 93-140: SWMRC RECYCLING
Councilmember Lucas stated the Committee's suggestion, to make
recycling grant available to a larger group in order to elect a
more effective effort, is very good; as is the suggestion to refer
the other matter to SSHRB for consideration; she supports Mr.
Roberts recommendation [to allow competition of qualified
organizations be referred to SSHRB; and approve the recycling grant
program be opened to all eligible charitable organizations in
Alameda] and so moved.
The Public Works Director explained the reasoning behind the staff
recommendation.
Councilmember Appezzato stated he agrees with Mr. Roberts and
March 16, 1993
2
seconded Councilmember Lucas's motion. The motion was carried by
unanimous voice vote - 4.
* * * *
Council recessed at 9:00 for five minutes and reconvened.
* * * *
93-141 Written Communication from President, Baywood Village
Homeowners' Association, Alameda, requesting a Waiver of Building
Permit Fees for Baywood Village's Shearwall Reinforcement and
Balcony Repairs Project.
Michele McGarraugh, Alameda, President, Baywood Homeowners'
Association, stated group is present because they believe Council
can help resolve serious problem they face; noted amount to be paid
for 205 permits in January, was to be $66,000, more than
quadrupling the amount expected to be paid; the amount included
almost $27,000 in improvement taxes; and they are requesting
Council take two specific actions: 1) waive proposed Improvement
Tax on what is a repair project; and 2) reduce proposed building
fees to the amounts originally provided last summer; they believe
City should take some responsibility for houses not built to Code
and were inspected and signed off by the City.
The City Manager addressed lack of evidence of work not built to
Code during that time.
Vice Mayor Roth stated if there is any construction in the City not
being built to Code, we need to know so that correction can be
made.
In response to Councilman Arnerich, Ms. McGarraugh explained the
Homeowners' budget restrictions and the contractor's timetable.
Responding to Councilmember Appezzato, Ms. McGarraugh stated the
developer made repairs for a number of homeowners, but when many
homeowners began complaining around 1983, the developer balked.
Ron Matthews, stated he was addressing Council as a Member of
Community of Harbor Bay Isle Board of Directors, read a letter from
Pamela DeSimone which stated the Board unanimously voted to support
an amendment to Alameda Municipal Code, Section 3-62.7; the impact
is not just for Baywood Village but others who face such
circumstances; and they would like to work with the City.
Councilmember Lucas inquired if documentation can be furnished on
Code violations.
Mr. Matthews stated volumes of expert witnesses' testimonies, and
depositions, can be provided on consent of Baywood Homeowners;
including the testimony of expert witnesses of defendants.
Responding to Councilmember Appezzato, Mr. Matthews further
explained the litigation process.
March 16, 1993
83
Michael Rettie, Alameda, stated he was architectural/engineering
firm representative for the developer's defense on the shear wall
issue, and there are Code defects that were uncovered.
Councilman Arnerich stated he is not anxious to amend the Code,
will not waive the entire fee, but would like some sort of
compromise.
The City Manager suggested possible solutions; and stated staff has
already made an effort to accommodate the Homeowners by not
charging them a separate Plan Check fee on all of the permits; that
would save them $8,752; and discussed additional savings.
Councilmember Lucas referred to the Assistant City Attorney's
memorandum on additional exemptions by ordinance; she is concerned
the City Manager's proposal opens up to an arbitrary approach and
suggested looking at the reconstruction exemption, 3-62.7; she
would like to include Code violations not caught by the City
inspectors during original construction and inquired of City
Attorney if such could be done.
The City Attorney stated it is legal but might be difficult to
apply.
Vice Mayor Roth stated he would like to see the ordinance changed;
favors eliminating Improvement Tax on this [type of] situation; and
it could be stated that if there is a court case, property owners
would have one year after the final judgment to apply for permits,
and Improvement Tax would be waived; at the same time the
Unreinforced Masonry [URM] Buildings could be included.
Council discussed the possibility of retroactively applying
exemptions.
Mr. Rettie stated there is information in the 1991 Uniform Building
Code that might be informative concerning pricing permits, Section
304, Table 3A.
Mr. Matthews stated he believes retroactivity would be satisfactory
to the [Homeowners Board]; he would defer to Ms. McGarraugh; he
spoke to Council originally tonight representing the Community of
Harbor Bay Isle which also goes on record as having the same policy
sentiments as Council reflected, that is: changing the terminology
to include construction defects and Ms. DeSimone's letter alludes
to terminology that City staff can look at.
Councilmember Appezzato stated concern that if the Municipal Code
is changed, amendments would apply retroactively, e.g., Improvement
Tax reimbursements, and questioned the affect on future revenues;
commented perhaps there is a need to look at whether there were
Code violations not uncovered and at a compromise in Permit Fees.
March 16, 1993
The City Manager stated Council sets Permit Fees; if Permit Fees
are modified, they are modified for everyone, and noted problems
that might arise; suggested if Council wants to do any
modification, it should be to the Improvement Tax: by resolution,
or as Councilmember Lucas suggested, provide another exemption for
reconstruction and add clarifying phrase e.g., when there was court
litigation, within a certain period of time.
Councilmember Lucas moved to amend the reconstruction exemption in
the Alameda Municipal Code to include reconstruction after court
litigation; and requested City Attorney define circumstances as
narrowly as possible and the exemption be made effective as of
April 1, 1993, and draft ordinance for next agenda.
Councilman Arnerich inquired of Ms. McGarraugh if a 60%-40% figure,
about $39,000 for the City and $27,000, roughly the equivalent of
the Improvement Tax, for Homeowners, is acceptable.
Ms. McGarraugh stated it has been suggested to her to request
Council consider reducing building permit fees to 1976 rates; or
allow their architect/engineer firm to take some responsibility for
inspections to reduce the obligation of the City concerning
inspections.
Councilman Arnerich stated he might have trouble with that.
Ms. McGarraugh stated Homeowners would appreciate having the
Improvement Tax addressed, and agreed that is approximately the
amount of a 60/40 percentage.
Vice Mayor Roth inquired if Councilmember Lucas would modify her
motion to include URM buildings.
Councilmember Lucas agreed to modify her motion.
Councilman Arnerich stated he would not want anyone to infer 10 or
15 years following an incident that staff was derelict in duty as
that is unfair; and seconded the motion, including the amendment.
The Public Works Director stated exemption from the construction
tax is a better approach as there must be uniform application; a
reduction in fees would be almost impossible to administer.
The motion was carried by unanimous voice vote - 4.
ORAL COMMUNICATIONS
93-142 John Convery, Alameda, stated the Council suppressed the
right of free speech by the adoption of an Ordinance requiring
removal of billboards.
93-143 John Scott Graham, Alameda, commented on the proposal to
March 16, 1993
65
locate a Kaiser Permanente 300-bed medical center at a Laney
College site.
93-144 Don Roberts, Alameda, stated he understands that there
will be a Court Hearing at 2:30 p.m., March 17, regarding the Car
Wash litigation; local media reported City Attorney will not be
defending the City; appears decision for the City Attorney to not
defend an action is the purvue of the City Council; and there has
been no report to the public of any action taken by the Council in
Closed Session to give authority to the City Attorney to not defend
lawsuit.
The City Attorney responded and explained the matter.
NEW BUSINESS
93-145 Councilmember Appezzato stated he mentioned earlier that
perhaps the Cable Oversight Committee should be done away with, and
the Public Utilities Board take over the responsibility; and
suggested matter be looked into.
93-146 Councilman Arnerich stated, according to information
provided to Council, a street would be named after [Police] Officer
Davey; a Plaza is named in his memory in Marina Village; and would
like [staff] to check out provisos made ten years ago.
ADJOURNMENT
93-147 Vice Mayor Roth, at 10:25 p.m., adjourned the meeting to
March 17, 1993 at 9:00 p.m., [to consider Resolution approving MOU
of International Association of Firefighters Local 689 and City of
Alameda].
= ectfully sub
601/i
D E B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
March 16, 1993