1993-05-04 Regular CC MinutesMINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL
MAY 4. 1993
The meeting convened at 7:45 p.m. (following the Community
Improvement Commission Annual Meeting) with President Withrow
presiding. Councilmember Lucas led the Pledge of Allegiance and
Reverend Keller gave the invocation.
ROLL CALL -
Present: Councilmembers Arnerich, Appezzato,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTION(S)
Mayor Withrow announced that, at the 6:30 Special Meeting, Council
adjourned to Closed Session to consider:
93-228 Pending Litiaation, Guvuon v. City of Alameda. pursuant
to Subsection (a) of Government Code Section 54956.9 of the Brown
Act: Mayor Withrow stated no action was taken.
93-229 Initiation of Litiaation, pursuant to Subsection (c) of
Government Code Section 54956.9 of the Brown Act; Mayor Withrow
stated Council authorized joining as an amicus in the Alhambra v.
Ikemoto case.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
93-230 Presentation of Certificate of Appointment to Mark
Chandler as Member of the Navy Base Committee.
Presentation of Certificate of Appointment to Geoffrey
Kline as Member of the Navy Base Committee.
Presentation of Certificate of Appointment to Neil
Patrick Sweeney as Member of the Navy Base committee.
Presentation of Certificate of Appointment to Larry
Wagner as Member of the Navy Base Committee.
Mayor Withrow presented Certificates of Appointment to Messrs.
Chandler, Kline, Sweeney and Wagner, and commended them for their
willingness to serve.
93-231 Presentation of Certificate of Appointment to William
Horlbeck as Member of the Transportation Advisory Committee.
Mayor Withrow presented Certificate to Mr. Horlbeck and thanked him
for volunteering.
93-232 Proclamation declaring Sunday, May 16, 1993, as Neptune
May 4, 1993
Beach Revival Day.
Mayor Withrow read the proclamation, encouraged participation in
the celebration, and presented proclamation to Ms. Shirley Nelson,
President, West Alameda Business Association.
CONSENT CALENDAR
At the request of the President, Library Board, resolution 93-248
was removed from the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar; Councilmember Roth seconded the motion which carried by
unanimous voice vote - 5.
*93-233 Minutes of the Regular Council Meeting of April 20, 1993,
and Special Meetings of April 16, and April 20, 1993. Approved.
*93-234 Report from City Clerk requesting Authorization to Call
for Bids for Legal Advertising for Fiscal Year 1993-94. Accepted.
*93-235 Report from Public Works Director recommending Adoption
of Specifications and Calling for Bids for Pruning of City Trees in
Various Locations in the City of Alameda for the Fiscal Year Ending
June 30, 1994, No. P.W. 1-93-2. (Continued from April 20, 1993,
Council Meeting) Accepted.
*93-236 Report from Public Works Director recommending
installation of stop signs for Adams Street at Fountain Street and
for Fountain Street at Washington Street. Accepted.
*93-237 Report from Public Works Director recommending an 18-
month Extension of Time in Which to Complete the Improvements fcr
Tract 5603 (Otis Drive and Willow Street). Accepted.
*93-238 Report from Public Works Director recommending Council,
by motion, approve a License Agreement with the Port of San
Francisco for the Use of Pier 1/2 for the Operation of the
Alameda/Oakland Ferry Service. Accepted.
*93-239 Report from Finance Director to Set Hearing for
Establishment of Proposition 4 Limit for 1993-94. Accepted.
*93-240 Resolution No. 12386 "Authorizing Submittal of Grant
Applications for Assembly Bill 434 Funds for 1) Subscription Ferry
Feeder Bus Service, 2) Interactive Commuter Transpoication
Information System and Trip Planning Service." Adopted.
*93-241 Resolution No. 12387 "Authorizing Purchase of Tax
Defaulted Property East of Market Street, within the Easterly
Terminus of Fillmore Street at Fernside Boulevard (APN 69-27-2-7)."
Adopted.
*93-242 Resolution No. 12388 "Establishing a Program to
Maximize Use of Recycled Materials by the City of Alameda."
May 4, 1993
Adopted.
*93-243 Resolution No. 12389 "Authorizing the Destruction of
Certain City of Alameda Department Obsolete Records." Adopted.
*93-244 Resolution No. 12390 "Amending Resolution No. 12361
Establishing Garbage Rates for 1993 to Include the Method of
Collection of Surcharge." Adopted.
*93-245 Resolution No. 12391 "Establishing Garbage Fees for
Department of Defense Property." Adopted.
*93-246 Written Communication from Bob Dinsen, Mayor Pro Tem,
City of Garden Grove, requesting the City Council to adopt a
resolution "Urging the California League of Cities to Sponsor an
Initiative for a California Constitutional Amendment to Preserve
the Funding of Cities," and to ask neighboring cities to do the
same. Accepted.
*93-247 Bills were ratified in the sum of $1,424,207.63.
93-248 Resolution No. 12392 "Supporting Benefit Assessment
District Legislation for Libraries." (Library Board) Adopted.
Archie Waterbury, President, Library Board, stated he was present
to speak only if necessary.
Councilmember Roth moved adoption. Councilman Arnerich seconded the
motion which carried by unanimous voice vote - 5.
AGENDA ITEMS
93-249a Public Hearing to consider Negative Declaration and
amendments to the Alameda Municipal Code by amending Subsection 30-
4.8(c) and Subsection 30-5.7 and creating Subsection 30-5.14 of
Article I of Chapter XXX, pertaining to the pet shops and decks
provisions within the Zoning Ordinance; and
93-249b Ordinance No. . N.S. "Amending the Alameda Municipal
Code by Amending Subsection 30-4.8 (C-1, Neighborhood Business
District) and by Amending Various Subsections of Subsection 30-5.7
(Permitted Encroachments in Yards) and Creating Subsection 30-5.14
(Barriers and Fences) of Article I (Zoning Districts and
Regulations), Chapter XXX (Development Regulations).
The Planning Director discussed provisions concerning decks and
patio covers; stated the amendment would allow decks to be
constructed anywhere within the main building envelope, and
provides for compliance with Americans with Disabilities Act. The
Director also discussed proposed zoning text amendment which would
allow pet stores and animal grooming facilities, subject to an
Administrative Use Permit, in the C-1 district, permitting the
legalization of certain facilities already located in that
district.
May 4, 1993
17
David Duffey, Vice-President, Greater Alameda Business Association
(GABA), stated GABA favors issuing the pet shop owners Use Permits
with various conditions and possible review within a year.
Vern Morley, Island Pet Boutique, stated existing owners should be
allowed to continue without an Administrative Use Permit; noted
relocating would be a hardship because he is established with
customers, and expended much money for advertising; existing
businesses should be allowed to remain; if there were problems,
they would have been made known long ago; hopes Council can allow
established businesses to stay and new ones can apply for Use
Permits.
At Councilmember Lucas's request, the Planning Director explained
the process for granting or denying the Administrative Use Permit,
including a right to Appeal; and that no mechanism could be
identified to protect the six [existing] businesses from the Use
Permit requirement.
Councilmember Lucas noted the proposed ordinance states air
conditioning and noise protection may be required, which could be
a hardship for existing stores; suggested if the process goes
against an applicant with an existing store, City be sure no fees
will be charged if an Appeal becomes necessary.
The Planning Director stated the Planning Board has already
directed staff to process the Use Permits for the existing
businesses without fees and if Council wants to extend that to an
Appeal, only on existing businesses, they could be processed on
that basis.
Councilman Arnerich stated he would be very concerned if a
newcomer files a complaint against existing businesses that have
been present a number of years.
The Planning Director described the process to determine validity
of a complaint, before considering revocation; and ultimately
Council would determine on Appeal.
President Withrow stated he would like the comment emphasized that
there is an Appeal process to Council.
Sam Brooks, Alameda, stated his son has reopened a business on
Lincoln Avenue; is amazed at the number of permits necessary;
favors Use Permit but opposes any fees; concerned about empty
stores; perhaps too many fees exist and businesses are being chased
out of town; and requested Council keep that in mind when making
its decision.
Marge Hayden, Margie's Groomerie, Alameda, stated her questions
have been answered.
Michael Brooks, The Living Picture, Alameda, stated he has never
had a complaint; is aware the City needs revenue but his funds are
May 4, 1993
very low, and would like the store permitted to stay.
In response to Vice Mayor Roth, the Planning Director explained
various distinctions in determination of porches and decks.
Vice Mayor Roth stated he supports proposal and waiver of Appeal
fees; and so moved.
Councilmember Lucas seconded the motion.
Councilmember Appezzato stated he supports decks and barriers
[amendments]; was on the Planning Board when the matter was
initially brought before Board; Planning Board and staff should be
complimented for making decks and barriers easier for citizens to
acquire. Concerning pet shops, he would like confirmation there is
no cost involved.
The Planning Director stated she is contemplating putting together
a questionnaire to obtain description of use; will notice and
conduct hearing; and no City fees will be charged.
In response to Councilmember Appezzato, the Planning Director
stated if the businesses are legal, non-conforming, they will not
need to go through the Use Permit process; for those that are
established and not in compliance with the Code, no mechanism
exists to legalize them other than to go through the Use Permit
process, unless the Council chooses to allow them to be permitted
as a matter of right, in which case, current and future stores
could be established without oversight.
The Planning Director added if any of the [existing] businesses had
been problematic, we would have heard about them; and noted the
due-process right of persons in the vicinity.
Councilmember Appezzato stated, after the process is finished, he
would personally look unfavorably on someone newly moved in,
knowing a pet shop was [located] there, and attempted to create a
problem.
Councilmember Lucas stated she can see the need for regulation; if
the current excellent store operators sold their stores and
subsequent owners improperly managed, she would like the City to
have some supervision; and also for people to have an avenue to
complain to the City; in the long run it protects everyone;
believes this is an equitable solution; and hopefully problems in
the future will be avoided.
Councilman Arnerich stated Council must be lenient and
understanding, cannot keep adding fees; many empty stores exist and
Council should encourage people to build their businesses without
creating a hardship for them.
Vice Mayor Roth's motion carried by unanimous voice vote - 5.
May 4, 1993
The Planning Director requested, and received from Council,
confirmation that the motion included adoption of the Negative
Declaration.
93-250 Resolution No. 12393 "Authorizing Purchase of Tax
Defaulted Property, 2016 San Antonio Avenue (APN-071-0244-028)."
Adopted.
Councilmember Lucas moved adoption of the resolution. Councilman
Arnerich seconded the motion which carried by unanimous voice vote
- 5.
93-251 Resolution No. 12394 "Requesting an Increase in Bail
Schedule for Certain Vehicle Code Violations. (Councilman
Arnerich) Adopted.
Councilman Arnerich stated this has been placed on the agenda
because the City and County of San Francisco has imposed very
stringent fines for parking in bus, school and handicapped zones;
a report stated citizens, by 71%, favored increasing fines for
using privileges reserved for handicapped and others; the
resolution addresses vehicles driving and passing in bicycle lanes;
he requested the resolution with the intent Alameda will take the
lead to protect citizens using the lanes; and moved adoption.
Councilmember Appezzato seconded the motion.
Following a brief discussion on motorized bicycles, the motion was
carried by unanimous voice vote - 5.
93-252 Ordinance No. 2629, N. S. "Amending the Alameda Municipal
Code Dy Amending Subsection 21-2 (Collection and Removal) of
Chapter XXI (Garbage and Refuse), Article 1 (Refuse Generally), and
Adding Subsections 21-3.3 and 21-3.4 to Subsection 21-3 (Prohibited
Acts)." Adopted.
Councilmember Roth moved final passage. Councilman Arnerich
seconded the motion which carried by unanimous voice vote - 5.
93-253 Written Communication from the Mayors of the cities of
Mountain View, Sunnyvale, San Jose, Palo Alto, and the City and
County of San Francisco, regarding U.S. Navy Moffett Field "Hail
and Farewell" event and requesting Council join in sponsoring the
establishment of a Moffett Field Historical Society.
Larry Wagner, Alameda, stated he opposes the Historical Society
because Reservists will be moved in and the Navy moved out, as
noted in Oakland Tribune article, May 1, 1993, and is not a
closure.
Neil Patrick Sweeney, Alameda, spoke in favor of the Historical
Society which will remind people we did something for our country,
are proud of it, and Moffett Field is still with us; requested
Alameda join with the other cities in supporting Historical Society.
May 4, 1993
Vice Mayor Roth stated Alameda has a problem supporting our own
community and cannot see giving a thousand dollars to another
community to support their activities, and he will be against it.
Councilmember Appezzato stated he supports the Society but cannot
support a payment of funds.
Mayor Withrow suggested a motion that would entertain a letter be
written recognizing and supporting it [Society], but stating "due
to financial constraints, the City finds it is unable to contribute
a thousand dollars."
Councilmember Appezzato so moved; Vice Mayor Roth seconded the
motion which carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS. NON-AGENDA
93-254 Jon Rogers, Alameda, stated pilots, tenants, and users of
the Oakland International Airport North Field have flatly rejected
the Port's proposed noise abatement procedures; unsafe taxing
procedures, requiring aircraft to mix with airline traffic, caused
an Oakland-based DC-3 airplane at a Fresno Air Show to ground loop
another airplane; if it happens there, the chances are very high
that it is going to happen to a light general aviation aircraft;
the Port has refused to believe it; it will cause great
consternation to Alameda if all jets have to come over to the North
Field to operate; and it is our duty to recognize procedures that
are inherently unsafe.
Mr. Rogers also commented on Sunday's Alameda Times-Star "My Turn"
column, written by an air controller at the Naval Air Station;
stated the writer is probably correct on all points raised;
apparently, in the past, Alameda complained about the noise at NAS
and requested utility of the base be cut in half; he will try to
find out, for the benefit of the Committee, what the FAA's position
is regarding the inability to perform maneuvers; and suggested City
try to square the noise issue.
93-255 Don Roberts, Alameda thanked the Police Department,
Acting Police Chief, and members of the Department, who risked
their lives and sustained injury protecting ours, for efforts on
Friday, April 30, at 3269 Garfield Avenue.
Mayor Withrow responded he is sure each member of the City Council
feels the same way.
NEW BUSINESS AND UNFINISHED BUSINESS
93-256 Vice Mayor Roth requested a report on the next Agenda
concerning the Finance Committee; the Chair is asking that the
Committee be dissolved; and he would like discussion on the matter.
93-257 Vice Mayor Roth stated he would like to urge the Base
Closure Committee to step up their report to Council on all the
May 4, 1993
119
planning steps that are necessary; understands Committee was going
to provide it after June 1.
93-258 Councilman Arnerich requested a report back within forty-
five to sixty days regarding graffiti and vandalism in the City;
would like violators to be prosecuted to the fullest extent of the
law; and request AC Transit to remove graffiti on benches and bus
shelters, and Telephone Company remove graffiti from telephone
booths.
93-259 Councilman Arnerich stated several years ago City
established a reward policy for persons leading to the arrest and
conviction of people vandalizing City businesses, parks,
playgrounds, and public buildings; and, if funds are available,
would like the matter considered.
Councilmember Lucas stated she understands the City Manager is
working on such a program.
The City Manager noted the report will be brought to Council,
hopefully, in the first meeting in June, to discuss the reward,
enforcement, cleaning, and several other aspects of controlling
graffiti.
Mayor Withrow stated he has had discussions with the City Manager
on establishing a Mayor's Committee to beautify Alameda, and to
utilize volunteers to identify and remove graffiti; he has
requested the City Manager to prepare a letter, for his signature,
to Pacific Bell, the Post Office, Bureau of Electricity and
Newspapers informing them to either maintain their properties or
authorize the City to do so.
Mayor Withrow noted newspaper racks are probably the worst single
item in the City; believes proposed action will not be encroaching
on freedom of press; and requested the City Attorney to review the
matter before it is brought back to Council.
Vice Mayor Roth noted not all telephone booths are owned by Pacific
Bell; there are private companies which supply telephones on
private properties, and the business owners should be held
responsible for those.
ADJOURNMENT
PresideAt Withrow adjourned the meeting at 8:50 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
May 4, 1993