1993-05-18 Regular CC Minutes0
MINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL
MAY 18. 1993
The meeting convened at 7:36 p.m., with President Withrow
presiding. The Pledge of Allegiance was led by Councilmember
Appezzato. Reverend Doug Henderson gave the invocation.
ROLL CALL -
Present: Councilmembers Appezzato, Arnerich, Lucas,
Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTION
Mayor Withrow announced that, at 7:05 p.m., Council adjourned to
Closed Session to consider:
93-260 Labor Relations, pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act: Mayor Withrow stated no
action was taken.
93-261 Pendina Litiaation, Guvton v. City of Alameda, pursuant
to Subsection (a) of the legal counsel section of the Brown Act:
Mayor Withrow stated no action was taken.
CONSENT CALENDAR
Mayor Withrow announced he would remove resolution (93-281) to form
Assessment District, and at the request of the public, removed
report (93-280) concerning Cable Television Oversight Committee,
for discussion.
Vice Mayor Roth stated he would abstain on resolution (*93-276) to
Levy Annual Assessment on Alameda Business Improvement Area.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Vice Mayor Roth seconded the motion. which carried by
unanimous voice vote - 5 [with exception of one abstention by Vice
Mayor Roth (*93-276).
Items so enacted or adopted are indicated by an asterisk.
*93-262 Minutes of the Regular Council Meeting of May 4, 1993,
and Special Meetings of April 27, and May 4, 1993. Approved.
*93-263 Report from Public Works Director recommending an
Extension of Time of Three Years in Which to Complete the
Improvements for Tract 6147 (Harbor Bay Isle Village V, Bay Colony)
and Tract 6226 (Harbor Bay Isle Village V, Headlands). Accepted.
*93-264 Report from Public Works Director recommending approval
1
May 18, 1993
of Alameda County Congestion Management Agency AB434 Fund Transfer
Agreement. Accepted.
*93-265 Report from Public Works Director recommending acceptance
of work by D'Arcy and Harty Construction, Inc. for Construction of
Infiltration and Inflow, Phase III, Sanitary Sewer Replacement, No.
P.W. 5-92-12. Accepted.
*93-266 Report from Public Works Director recommending adoption
of Plans and Specifications and calling for Bids for Mariner Square
Bulkhead Repair Project, No. P.W. 5-93-10. Accepted.
*93-267 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for Alameda
Gateway Shoreline Protection and Windbreak Construction Project,
No. P.W. 12-91-15. Accepted.
*93-268 Report from Community Development Director recommending
Reprogramming CDBG Funds, Amending FY 1992-93 CDGB Final Statement,
and Authorizing Execution of Related Grant Agreements. Accepted.
*93-269 Report from Public Works Director recommending Award of
Contract to W. R. Forde Associates for Grand Street Boat Launching
Facility Improvements, No. P.W. 10-92-16, and Appropriation of
Funds. Accepted.
*93-270 Report from Public Works Director recommending Amendment
to Contract with Harding Lawson Associates to Perform a Solid Waste
Assessment Test (SWAT) Program for the City of Alameda Doolittle
Landfill Site. Accepted.
*93-271 Report from Community Development Director Requesting
Authorization to Submit Application to the Department of Housing
and Urban Development for Supportive Housing Funds for the
Homeless. Accepted.
*93-272 Report from Finance Director transmitting Investment
Portfolio for period ending April 30, 1993. Accepted.
*93-273 Report from Fire Chief recommending approval of a
Memorandum of Understanding and Mutual Response Area between the
City of Alameda and the City of Oakland. Accepted.
*93-274 Resolution No. 12395, "Amending the Alameda City Employee
Association (A.C.E.A.) Salary Resolution by Establishing the Salary
for the New Position of Jr. Planner." Adopted.
*93-275 Resolution No. 12396, "Providing for the Borrowing of
Funds for Fiscal Year 1993-94 and the Issuance and Sale of 1993 Tax
and Revenue Anticipation Notes Therefor." Adopted.
*93-276 Resolution No. 12397, "Resolution of Intention to Levy an
Annual Assessment on the Alameda Business Improvement Area of the
City of Alameda for FY 1993-94." Adopted. [Vice Mayor Roth
May 18, 1993
j.
abstained.]
*93-277 Resolution No. 12398, "Approving the City's Participation
in the Alameda County HOME Consortium for Purposes of Securing
Federal HOME Funds, Developing the Comprehensive Housing
Affordability Strategy (CHAS), and Authorizing the City Manager to
Execute the Cooperative Agreement for Participation in the HOME
Consortium for a Period of Three Years." Adopted.
*93-278 Resolution No. 12399, "Authorizing Application for
Regional Measure 1 "Three Percent Reserve" Funds for Operating
Subsidy for the Alameda-Oakland Ferry Service." Adopted.
*93-279 Bills, certified by the City Manager to be true and
correct, were ratified in the amount of $1,814,925.15.
93-280 Report from Chair, Cable Television Oversight Committee,
submitting the 1992 Annual Report. Accepted.
Don Roberts, Alameda, stated on January 10, 1989, he sent a letter
to the Committee pointing out that on August 5, 1987, the Cable
Company was required to landscape all pedestals with plants; he
included a list of 55 homes in the Otis Drive Area in which
pedestals did not have any landscaping; as far as he knows, no
action was taken to comply with the requirement; and questions
whether the report is accurate.
President Withrow stated that is a valid point; could be brought up
under review of the Cable Television Oversight Committee (93-285);
and requested status on the matter.
The City Manager stated his understanding was that the landscaping
was complete; however, he will investigate.
President Withrow noted the Cable Company agreed in an out-of-court
settlement, in 1986, to install the landscaping and seven years is
sufficient time for tolerance.
Councilman Arnerich agreed the time to complete the work has been
more than ample, the City Manager should make the matter a high
priority and require compliance from the Cable Company as soon as
possible; and moved to accept the report, and address landscaping
issue at a later time. Vice Mayor Roth seconded the motion which
carried by unanimous voice vote - 5.
93-281 Resolution No. 12400, "Resolution of Intention to Form an
Assessment District and Ordering Public Hearings Thereon."
Adopted.
President Withrow announced he and Councilmember Appezzato must
abstain from voting on this item, and the City Manager and City
Attorney cannot participate as City staff, due to potential
conflict of interest.
May 18, 1993
Vice Mayor Roth assumed the chair for this issue. He stated the
dates of the hearings [noted in the resolution] must be changed
from June 15 to July 6, and from July 6 to July 20, because a
Councilmember cannot be present on June 15th.
Councilmember Lucas moved adoption of the resolution, with the
changes in dates.
Councilman Arnerich seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Arnerich, Lucas, and
Vice Mayor Roth - 3. Nayes: None. Absent: None. Abstentions:
Councilmember Appezzato and President Withrow - 2.
REGULAR AGENDA
93-282 Resolution No. 12401, "Authorizing the Withdrawal of City
of Alameda Membership from the Association of Bay Area
Governments." (Councilmember Lucas) Adopted.
Don Roberts, Alameda, stated he fully supports and u7ges Council
withdrawal from ABAG.
Councilmember Lucas stated ABAG has become more responsive to
member cities and counties, has incorporated cities' concerns into
housing policy, and is lobbying in Sacramento on behalf of cities;
she has no problem with the organization; however, the City has
serious budget problems, major cutbacks are being considered, and
less important things must be cut; she recommends withdrawal from
ABAG, and rejoining when the City can afford to; some lobbying
tasks are well-performed by League of California Lities; and
recommends at this point Council terminate membership in ABPG.
[motion]
Councilman Arnerich stated he will second the motion for withdrawal
from ABAG.
Councilmember Appezzato stated Cities of Pleasant Hill and
Lafayette have already dropped out of ABAG, and if Council does not
adopt resolution tonight, City cannot drop out for another year
[pursuant to ABAG Bylaws]; if Council determines later it
[membership] is of some value, Council can consider rejoining; and
he will support the motion.
The motion was carried by unanimous voice vote - 5.
93-283a Appeal of a Historical Advisory Board's approval of a
Certificate of Approval (CA-93-4) to permit the demolition of 1725
Lincoln Avenue which is listed on the Historical Building Study
List, and an appeal of a Planning Board's approval of a Variance
(V-93-4) to permit the reconstruction and extension of a non-
conforming structure at 1725 Lincoln Avenue. Appellants: Richard
Wood & Kathryn Finn/Applicant: William Malpas; and
93-283b Resolution No. 12402 "Upholding the Historical
May 18, 1993
Advisory Board's [HAB] Approval of Certificate of Approval, CA-93-
4, Relating to the Demolition of a Structure Listed on the
Historical Building Study List, and the Planning Board's Aproval of
Variance, V-93-4, the Reconstruction of a Non-Conforming Building
at 1725 Lincoln Avenue." Adopted.
The Planning Director described the project and discussed the
specific findings which the Historical Advisory Board and the
Planning Board addressed. She stated Planning staff erred in not
requiring a variance for the reconstruction of a non-conforming
structure and additionally not requiring an application to the
Historical Advisory Board to determine whether the structure was
appropriate for demolition.
Robert DeCelle, Member, Historical Advisory Board, stated Mr. Wood
is appealing something that occurred on properties he does not own,
and has no jurisdiction to oppose what occurred; he cannot recall
Mr. Wood ever appeared before the HAB officially; he [DeCelle] had
referred Mr. Wood to HAB, Council, and Planning Board.
Richard Wood, Appellant, Alameda, stated the [new] building
violates all land use recess requirements; the report is a coverup
and that is the reason he asked Council to investigate; he has paid
a $200 fee for each Appeal, totalling $400, and he was informed he
must pay for staff time as well.
Councilmember Lucas stated it is unfortunate that staff erred but
there is adequate reason to uphold the Planning Board's and HAB's
recommendations to deny Appeals; since to some degree it is the
City's fault, she would like to waive the Applicant's fees; and
moved to deny the Appeals and include a waiver of the fees.
Councilman Arnerich suggested the Appellant and the City share in
the costs.
Councilmember Lucas stated a question exists as to the City's
involvement in the mistakes, and the City should take
responsibility.
Vice Mayor Roth stated he favors denying the Appeals; he could
support a fee cap of $400; if Mr. Wood wanted something
investigated because of a coverup, he could have asked City
Manager, City Attorney or any Councilmember without a formal
hearing.
Councilmember Lucas agreed to amend her motion to include a fee of
not more than $400. Councilman Arnerich seconded the motion.
Councilmember Appezzato stated the errors are unfortunate, however,
what is important is that the error has been discovered, admitted
and corrected, and both the HAB and Planning Staff should be
commended; and he will support the motion with a fee cap of $400.
The motion carried by unanimous voice vote - 5.
May 18, 1993
93-284 Recommendation from Finance Committee to continue
operation. (Vice Mayor Roth)
Vice Mayor Roth commented Stanford Shane, Member, Finance Committee
informed him [Roth] that he could not be present at the meeting.
Noel Folsom, Chair, Finance Committee, stated the Committee now has
a full Membership, and has developed a Mission Statement with
implied goals; the next group task will be to develop measurable
objectives which will allow the Council and community to track the
Committee's progress; commented Committee is fully aware of its
advisory role, and does not make policy; while the Committee is
becoming a cohesive and enthusiastic team, allowance is made for
independent thought; he hopes, however, when differences of opinion
occur, the Council will focus on recommendations of the Committee
as a whole.
Vice Mayor Roth stated he requested the matter to be on agenda for
discussion because he was concerned the Finance Committee was not
doing a job he expected, and former Chair Shane stated the
Committee should be eliminated; most members of Committees work
hard and volunteer time to give something back to the community;
however, sometimes Committee Members are not interested and hamper
a Committee from doing a good job; and one of the reasons this
happened is that some Committees are appointed by each of Council;
that does not work well, and he would be hesitant to form another
committee with each Councilmember appointing Committee Members; he
is willing to let the Finance Committee continue for six months and
matter brought back to Council for discussion, and he would like
some procedures changed.
Councilman Arnerich stated he appreciates the fact that each
Councilmember can appoint Members to some Committees; he would like
the Finance Committee to continue; the City has more need than ever
for the Committee due to the economic crisis; and moved Council
continue operation of Finance Committee for one year starting June
1st; accept its mission statement, and at the end of the year,
reevaluate its performance.
President Withrow stated he would like Members of the Finance
Committee to be recognized as appointees of the Council, as opposed
to any one Councilmember, and he would like the matter to be
included in a motion.
A discussion ensued on appointment of Committee Members.
Vice Mayor Roth stated he has never been happy with the way Council
appoints committee members; he wants Council to have the
opportunity to provide input whether the nomination is made by the
Mayor or a Councilmember; and he does not like the system whereby
individual Councilmembers make appointments.
Councilmember Lucas stated there are valid concerns and problems
with the appointment procedure; Council needs to impress upon the
May 18, 1993
Committee that they are serving the whole City; she is concerned
when Members do not cooperate, or want to destroy their own
committee, as that is not productive; and she would like to support
Councilman Arnerich's motion and suggests appointment procedures be
agendized for another meeting.
Councilman Arnerich stated, in the future, he would like to be able
to present to the Mayor the names of individuals he wants
considered for appointment.
Councilmember Appezzato stated he has no difficulty with the
current [appointment] system; however, he would like the one-year
limitation on the Committee to be removed.
President Withrow inquired if Mr. Appezzato was making a substitute
motion and Mr. Appezzato responded in the affirmative.
Vice Mayor Roth seconded the substitute motion.
The substitute motion failed by the following voice vote: Ayes:
Councilmember Appezzato and Vice Mayor Roth - 2. Nayes:
Councilmembers Arnerich, Lucas and President Withrow - 3. Absent:
None.
Councilman Arnerich's motion to accept the mission statement,
continue operation of the Committee for one year starting June 1,
and reevaluate the Committee at that time, carried by unanimous
voice vote - 5.
93-285 Ordinance No. , N. S . "Amending the Alameda Municipal
Code by Amending Section 2-13 Abolishing the Cable Television
Oversight Committee (CTOC), and Establishing the Cable Television
Advisory Committee and Prescribing Membership and Duties of Said
Committee."
Don Roberts, Alameda, urged Council to not establish a new advisory
committee, but to shift those duties and consolidate them with the
Public Utilities Board (PUB).
Gordon Waldear, Chair, CTOC, stated original Committee mission was
fulfilled; a few years ago, Cable customer service was very poor;
now the number of complaints has been dramatically reduced; the
Committee believes some considerations may be arising that may be
of greater concern than PUB can handle: Congress has taken steps to
return some rights to Cable consumers, there is new technology
linking telepone companies to large entertainment companies, like
Time Warner, which will place billions of dollars into Cable
television; in addition, there is other technology that many high
tech companies are working on; pay-per-view should be carefully
watched; most important is that the Franchise Agreement has weak
spots and expires in 1997; and a reconstituted committee could be
a big help.
Vice Mayor Roth stated passing an ordinance costs money; and moved
May 18, 1993
4 'A
that Section 1 of the proposed ordinance be revised to eliminate
the necessity for a Municipal Code amendment. [Motion failed for
lack of a second.]
Vice Mayor Roth moved that the issue of the Mayor appointing
Committee Members should be addressed when Council
discusses the matter of establishing Committees. [Motion failed for
lack of a second.]
Councilman Arnerich stated he would support Committee
appointments by the Mayor provided Councilmembers have input in the
selection.
Councilmember Appezzato thanked Mr. Waldear and Committee for
service to the City; he stated he believes the City could be better
served by having the PUB take over the oversight; and perhaps the
report should be sent to PUB for comment.
The City Manager stated the matter was sent to PUB about a year
ago, and they did not believe they had the expertise to handle
Cable television matters.
Councilmember Appezzato stated laws have changed; and he believes
placing the matter with the PUB would be better.
Councilmember Lucas stated she has been impressed by Committee's
work; the expertise is unique and does not reside in the Public
Utilities Board; if the Committee is willing to serve as an
Advisory Committee, she believes that is ideal, issues are arising
requiring expertise, e.g., the renegotiation of the franchise
ari-reement; having Mr. Waldear presiding is invaluable, otherwise,
Council would need to hire a consultant; the Committee's work has
been valuable; and moved approval of Committee's recommendation to
gve conceptual approval to a refocusing of the scope of the Cable
Television Oversight Committee, to change name, and to change
composition of the membership.
In response to Councilman Arnerich, Mr. Waldear confirmed the
intent is for a five-member Advisory Committee; and added he would
like to see the City take over the cable system, as some cities
have made a lot of money doing so.
Vice Mayor Roth objected to establishing the Cable Television
Advisory Committee by ordinance [amending the Municipal Code).
Mr. Waldear stated when the new franchise is considered, if the
City continues with TCI, the Cable company should provide a much
better studio and technical facilities; the company has not
provided the beautiful studios with cameras and editing equipment,
nor the amount of money, time or commitment expected, for a local
origination facility in this City; he is disappointed and would
like to see the new franchise insist the City receive the
facilities it deserves.
May 18, 1993
President Withrow stated he supports Councilmember Lucas's
comments; the Committee has been a valuable asset to the City and
contributed a great deal.
Councilman Arnerich seconded Councilmember Lucas's motion, which
carried by the following voice vote: Ayes: Councilmembers
Appezzato, Arnerich, Lucas, and President Withrow - 4. Nayes: Vice
Mayor Roth - 1. Absent: None.
93-286 Ordinance No. 2630. 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)." Finally
passed.
Vice Mayor Roth moved final passage. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
93-287 Written Communication from Gregory L. Beattie, Board of
Directors, Alameda Historical Museum, requesting facade improvement
fees be reimbursed by the City.
President Withrow announced Bruce Gordon, Alameda Historical
Museur, who submitted the issue of reimbursement of fees, requested
the [agenda] item be pulled.
Vice Mayor Roth moved removal of the item from the agenda.
Councilmember Lucas seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Appezzato, Lucas, Roth
and Prebident Withrow - 4. Nayes: Councilman Arnerich - 1.
Absent: None.
ORAL COMMUNICATIONS, NON-AGENDA
93-288 John Scott Graham, Alameda, presented a five-year base
closure plan; he discussed the uses of, and his proposal for,
University of California public trust monies; he suggested UC
increase student fees, if the University is going broke; and he
stated 40% of the funds could be given to the public schools.
93-289 Don Roberts, Alameda, stated he will not be seeking
reappointment to the Solid Waste Management Recycling Committee,
because major tasks have been accomplished; he has great admiration
for the political courage the Mayor displayed when voting for the
Committee's recommendation for a new contract; and he has
admiration for the Mayor's, and Council's, continuing support for
the Committee.
Mayor Withrow thanked Mr. Roberts for his time and efforts
committed to the process.
Vice Mayor Roth requested the matter of eliminating the Solid Waste
May 18, 1993
Management Recycling Committee be agendized.
NEW BUSINESS AND UNFINISHED BUSINESS
93-290 Consideration of Mayor's nomination of appointment to the
Housing Commission.
Mayor Withrow nominated Arthur A. Kurrasch for appointment as
Member of the Housing Commission.
93-291 Mayor's Committee to Beautify Alameda.
President Withrow stated his proposal for a Mayor's Committee to
Beautify Alameda is a positive way to address some negative issues:
one being graffiti; a group of citizens have volunteered to
eradicate graffiti throughout the City; he has requested the City
Manager to: 1) send letters to the U. S. Postal Service,
Newspapers, and Telephone Company, and 2) work through the Public
Utilities Board to get the cooperation of the Bureau of Electricity
to facilitate the Committee in their efforts; the Committee will
need to develop recommendations concerning graffiti on private
homes, commercial/industrial facilities and inactive buildings; and
he would like the Committee to pursue Councilmember Lucas'
initiative on a blight ordinance/tax and other issues in terms of
beautification.
Councilman Arnerich reviewed a Los Angeles Times article on the
subject; he requested the City Manager and City Attorney to
address: 1) posting of rewards for the apprehension and conviction
of violators; 2) holding parents liable for minors; 3) volunteer
hours, up to 100 hours for violators and parents to perform clean
up work; and 4) publishing names of violators.
President Withrow requested a letter, for his signature, be sent to
the District Attorney officially requesting a response as to
whether they will prosecute on timely basis actions of graffiti.
93-292 President Withrow stated representatives of Alameda and
Contra Costa Counties will be going to Sacramento on May 19, to
present a show of outrage and to advise the State that they are
unhappy with the five to six billion dollars being taken from local
governments to balance the State budget; and he encourages members
of the Council Commissions and Committees to join in the effort.
93-293 President Withrow stated the Alameda County Conference of
Mayors passed a resolution last week that went to the Governor and
Legislature voicing their concern over the State's budgetary
actions. He has been appointed to chair a Committee of Alameda
County Mayors to address the County's financial problems, including
potential decentralization of certain aspects of the County, and
the threat of a complete breakdown in public safety and law
enforcement.
President Withrow noted Alameda County Supervisor Gail Steele has
May 18, 1993
come up with Hands and Ribbons Across Alameda County, a visible
demonstration, on June 3, 1993, objecting to State budgetary
actions, and she has requested 100 volunteers for the City of
Alameda.
93-294 President Withrow announced the base closure process is
moving along as scheduled at the national level, and the momentum
is moving in the direction of saving, at least, the Naval Air
Station.
93-295 President Withrow commented that a Department of the Navy
memorandum states workload has been declining at all six of the
Navy Aviation Depots, and there will be a reduction of 357
positions at the Alameda Naval Aviation Depot; he stated the
Committee will challenge this sort of action in the middle of a
base closure process; and he will propose to privatize some aspects
of the Navy Depot and the revenues generated returned to the Naval
Aviation Depot.
93-296 Councilmember Appezzato stated, as everyone knows,
Resolution Trust Corporation (RTC) has taken over the loan at
Ballena Bay; the City owns the land, but not the leasehold; an
investment group has purchased the loan from RTC, and is slated for
foreclosure on June 1; he would like the City Manager, City
Attorney, and Community Development Director to investigate the
possibility of buying back the leasehold improvements from the
investor group, if it is foreclosed; and the benefit to Alameda
citizens may be very, very substantial.
93-297 Councilman Arnerich requested the City Manager to keep
the Council apprised of any State library funding which would have
a direct bearing on the Carnegie Building and the LinOaks Motel.
93-298 President Withrow announced there will be a DARE
graduation ceremony on Thursday evening and a dedication ceremony
on Saturday in honor of former Mayor Anne B. Diament, and
encouraged attendance at both functions.
ADJOURNMENT
President Withrow adjourned the meeting at 9:30 p.m.
Respectfully submitted,
(Th
4/
6—
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
May 18, 1993