1993-07-06 Regular CC Minutes255
MINUTES OF REGULAR COUNCIL MEETING OF ALAMEDA CITY qouNcIL
JULY 6, 1993
The meeting convened at 7:50 p.m. (following the Special Meeting of
the Community Improvement Commission) with President Withrow
presiding. Vice Mayor Roth led the Pledge of Allegiance and
Reverend Duane Sisson gave the invocation.
ROLL CALL - Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTION(S)
93-374 Mayor Withrow announced that, at 7:05 p.m., Council
adjourned to Closed Session to consider:
Pending Litiaation, Conte v. City, pursuant to Subsection (a) of
Section 54956.9 of the Brown Act: Mayor Withrow stated no action
was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
93-375
Toyota.
Presentation of Certificate of Appreciation to Ron Goode
This item was held over.
CONSENT CALENDAR
President Withrow announced reports 93-389 concerning RFP for
architectural services, 93-390 regarding Overnight Shelter and
Homeless Services, and 93-391 concerning Commercial Revitalization
Funds, were removed from the Consent Calendar for discussion.
Vice Mayor Roth moved approval of the remainder of the Consent
Calendar. Councilmember Lucas seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*93-376 Minutes of Special Council Meeting of June 29, 1993.
Approved.
*93-377 Report from Vice President, Public Utilities Board,
requesting approval of the Fiscal Year 1994 Travel Budget of the
Bureau of Electricity. Accepted.
*93-378 Report from Chair, Solid Waste Management Recycling
Committee, recommending award of Recycling and Waste Reduction
Grants. Accepted;
*93-379 Report from Public Works Director recommending approval
July 6, 1993
256
of execution of a Second Supplemental Agreement Between the City of
Alameda and the Port of Oakland for Ferry Service. Accepted.
*93-380 Report from Public Works Director recommending City
accept Delegation of Bay Area Air Quality Management District
(BAAQMD) Employer-Based Trip Reduction Rule. Accepted.
*93-381 Report from Public Works Director on the abolishment of
the Solid Waste Management Recycling Committee. (Vice Mayor Roth)
Accepted.
*93-382 Report from Community Development Director regarding
creation of Infill New Construction Program and Appropriation of
Funding. Accepted.
*93-383 Report from the Finance Director transmitting the City of
Alameda Investment Policy. Accepted.
*93-384 Resolution No. 12422 "Authorizing an Advance for the
City's Obligation under the Cooperation Agreement Between the City
of Alameda and the Community Improvement Commission." Adopted.
*93-385 Resolution No.12423 "Supporting the Retention,
Modernization and Expansion of the Transbay Transit Terminal."
Adopted.
*93-386 Resolution No. 12424 "Providing Certifications
Required for Allocation of Proposition 116 Funds to Bay Farm Island
Bike Bridge Project." Adopted.
*93-387 Resolution No.12425 "Authorizing Sublease Agreement
Renewal with Bank of America National Trust and Savings for the
Waste Management Recycling Program Offices at 2411 Santa Clara
Avenue, Alameda, California." Adopted.
*93-388 Bills, certified by the City Manager to be true and
correct, were ratified in the amount of $3,993,472.20.
93-389 Report from Chair, Golf Commission, recommending that
City Council authorize a RFP for architectural services for
facility improvements (Clubhouse and Driving Range).
Councilman Arnerich commented he would like the Golf Commission to
move as expeditiously as possible, and moved acceptance. Vice
Mayor Roth seconded the motion which carried by unanimous voice
vote - 5.
93-390 Report from Community Development Director recommending
continuation of Overnight Shelter and Other Homeless Services.
Nick Santos, Jr., President, United Pilipinos of Alameda (UPA),
requested an opportunity to discuss transitional housing proposal
with UPA Board, and report back to the City Council.
July 6, 1993
27
Vice Mayor Roth stated he would like the matter postponed and
brought back with a report at the next Council Meeting.
Councilmember Lucas stated if staff and UPA need more time to come
up with a concrete proposal, she would appreciate being informed
and the matter brought back at a later meeting.
Mayor Withrow suggested motion could state "at the next appropriate
meeting."
City Manager stated Council requested a plan to provide for funding
from various places, including UPA, to keep the Midway Shelter
running; plan also has a component for transitional housing; staff
can hold that portion over, and Council can proceed with the rest
of recommendations.
Councilmember Lucas inquired whether funding the Midway now, would
preclude funding the UPA Shelter, to which the City Manager
responded Council could decide later whether to fund it as an
emergency shelter or transitional housing.
Councilmember Lucas inquired whether some of the beds at the Midway
Shelter could become transitional housing, to which the City
Manager stated staff will need to look at proposal and bring matter
back to Council.
Vice Mayor Roth stated his motion stands to put matter off until
the 20th of July for a report; and if it is not ready, that is all
that has to be said. Councilmember Lucas seconded the motion.
Councilmember Appezzato stated Filipino-American Community Services
Agency should also be involved in the discussions with staff and
community group.
Vice Mayor Roth and Councilmember Lucas agreed to amend the motion
to include Mr. Appezzato's request.
Ben Lopez, President, Filipino-American Community Services Agency
(FACSA), stated he supports staff recommendation to continue
operations of Midway Shelter.
Councilmember Lucas inquired if FACSA would be willing to run a
transitional housing program, to which Mr. Lopez responded in the
affirmative.
The motion was carried by unanimous voice vote - 5.
93-391 Report from Community Development Director recommending
allocation of Commercial Revitalization Funds for FY 1993-94.
Susan Jeffries, Greater Alameda Business Association (GABA],
objected to $3,000.00 allocation reduction, and recommended Council
give the funds back to the Association.
July 6, 1993
258
Del Blaylock, Greater Alameda Business Association, Board of
Directors, explained GABA's position, including objection to paying
for signage.
Councilman Arnerich stated he believes the $3,000 reduction should
be given back.
Councilmember Appezzato moved to support increasing GABA allocation
by $3,000; Councilmember Lucas seconded the motion.
Under discussion, Councilmember Lucas stated the $3,000 should come
out of the Storefront Assistance Program; Councilmember Appezzato
responded he would support Councilmember Lucas' recommendation. The
motion carried by unanimous voice vote - 5.
AGENDA ITEMS
93-392 Resolution No. 12426 "Appointing Pamela DeSimone as
Member of the Economic Development Commission." Adopted.
Councilman Arnerich moved adoption. Vice Mayor Roth seconded the
motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
President Withrow commented over the course of probably the next
five to ten years, EDC will be the most challenging Board in the
City, and thanked Ms. DeSimone for continuing to serve our City.
* * * *
President Withrow announced Council would recess for five minutes
to reconvene at 8:35 p.m.
93-393 Status Briefing on Base Conversion Process. (Mayor
Withrow)
President Withrow commented on the recommendation of Base Closure
and Realignment Commission to President Clinton to close certain
naval facilities including the Alameda Naval Air Station; discussed
President's five-point program, reported on his [Withrow's]
meetings: with the President and a small group of officials
yesterday; with the Commanding Officer of NAS for a briefing
regarding closure, a general scoping of plans for futu-e; a
briefing by environmental officer; noted a Lt. Commander, Asst.
Operations Officer, NAS, has been appointed as liaison with the
City and current plans show the Air Station operationally closing
in 1997; noted suggestions made on plans put forth by Navy Base
Committee.
Councilman Arnerich stated he appreciates efforts, especially by
Base Committee, to retain NAS; would like the President to return
NAS to City, with funding, and allow Alameda to take care of the
toxic waste.
July 6, 1993
259
Councilmember Lucas requested every Regular Council Meeting Agenda
include an item entitled "Naval Air Station Conversion Process."
President Withrow described Commission chartered by the government
under guidance of Congressman Ron Dellums, which has a $500,000
grant to do a study on a process for converting local economies
from defense to civilian; he sits on the commission, one of four in
the United States.
Councilmember Appezzato stated he would like to suggest that each
Councilmember select an equal number of members to sit on the
Alameda Strategic Planning Task Force.
Mayor Withrow responded he would request applications,
qualifications and resumes come in as for other City commissions,
boards, and committees, and applicants be nominated by the Mayor.
Betty Ballerini, Alameda, stated if funding is received to clean up
pollution at base, affected outlying areas should be cleaned up
also.
Neil P. Sweeney, Alameda, stated his concern about toxic cleanup;
addressed cost; suggested contests for ideas for base conversion.
John Scott Graham, Alameda, addressed concerns and made suggestions
related to base closure.
Earl Peacock, Alameda, stated the City should take over the base as
quickly as possible, even if it is only a small portion at a time;
suggested Mayor be contact person concerning conversion,
coordinators and others in chains of command can be advisors to
him, so things can move more quickly.
Shirley Cummins, Alameda, commented on President Clinton's remarks
on closure; noted Congress has not yet voted on issue; reviewed
Ford Ord closure, including impact on rentals.
Gerhard Degemann, Alameda, thanked President Withrow for briefing
citizens on his meeting with the President; suggested a
contingency plan be made.
President Withrow agreed there should be alternate plans and
flexibility will be needed as well; conflicting interests will
exist, however, the best interests of Alamedans T-ill be pursued.
* * * *
Vice Mayor Roth moved the agenda item concerning Navy Base
Committee Members and Handbook be taken out of order. Councilmember
Lucas seconded the motion which carried by unanimous voice vote -
5.
93-394 Report from Public Works Director recommending Release of
Navy Base Committee Members, Award of Certificate of Appreciation,
July 6, 1993
260
and adoption of the Community Adjustment Process Handbook.
Accepted.
Art Wagner, Alameda, stated he is Chair of Navy Base Committee,
Strategic Planning Subcommittee which put together the Handbook;
reviewed Handbook, and noted distinctions in approach that will
separate Alameda from communities that have been unsuccessful in
base conversion.
President Withrow commended the Subcommittee, noting that during
the time the focus was on retention activity, Mr. Wagner and his
committee were expending time and effort on the process and the
handbook.
In response to Vice Mayor Roth, Mr. Wagner stated successful
conversions have occurred but do not tend to happen in California
due to cumbersome business climate; noted hundreds of bases were
reviewed, and some successful conversions to e.g., colleges,
universities, aircraft business, rapid transit centers/factories.
Mayor Withrow stated he would propose Council accept handbook as
input from an advisory body, and be used in the process; discussed
Strategic Planning Task Force and its charges, recommended the
Community Adjustment Committee be the City Council; noted the
Outreach Committee will involve a substantial amount of people and
cultural diversity; recommended the Employment Committee be charged
with employment and job training, and identify residents displaced
from their employment; suggested the Environmental Quality unit be
established as soon as possible and work with the Navy
representative, the Asset Management Committee be deferred for some
time, and Council hold off on a Reuse Committee until the Task
Force has completed its job. Mayor Withrow stated that is his
proposal to the Council, and so moved. Vice Mayor Roth seconded
the motion.
Councilmember Lucas stated she would like the matter of what kind
of committee to have, agendized; there has not been an opportunity
for the public to provide input; and Councilmember Appezzato's
comments concerning nominations should be discussed.
Mayor Withrow suggested a Special Council Meeting be scheduled; he
has been advised the City should move quickly.
Councilmember Appezzato stated a broad-basod consensus is needed;
at the Special Council Meeting, he will raise the issue that each
Councilmember should select various members of the Strategic
Planning Committee; and he supports Councilmember Lucas' comments.
President Withrow stated he will prepare a draft of his comments,
and provide it to the Council and press.
By Council consensus, the Special Meeting was scheduled for
Wednesday, July 14, 7:30 p.m.
July 6, 1993
261
Mayor Withrow withdrew his motion.
Vice Mayor Roth moved that Council accept the report from the
Strategic Planning Subcommittee; and disband [Navy Base] Committee
at such time other committees are in place. Motion carried.
Councilmember Lucas seconded the motion.
Shirley Cummins, Alameda, commented on Fort Ord closure; noted
improbability of success; stated Council should pursue stopping the
closure.
The motion carried by unanimous voice vote - 5.
93-395 Public Hearing to allow public testimony regarding the
formation of the Bay Farm Island Dike Maintenance Assessment
District No. 93-1, and the levy of assessments.
President Withrow, Councilmember Appezzato, City Manager and City
Attorney left the dais due to possible conflict of interest.
Vice Mayor Roth assumed the Chair; and opened the public portion of
the Hearing.
Pamela DeSimone, Alameda, representing Community of Harbor Bay
Owners' Association, reported on the background of the matter;
suggested, for clarification purposes, the word "maintenance" be
removed from the Agreement; and urged Council to vote in favor of
Assessment District.
Gerhard Degemann, Alameda, discussed, with staff, the maintenance
of South Shore lagoon; and the use of Assessment District 93-1
funds.
Joanne Warstler, Alameda, requested the Agreement be referenced in
the Resolution, and wants an assurance the Assessment District is
for a major dike failure only; thanked Ms. DeSimone and
Councilmembers Arnerich and Roth for working out the agreement.
Vice Mayor Roth and Councilman Arnerich both assured Ms. Warstler
that every precaution has been taken to protect the District.
The Public Works Director stated the Assessment District is limited
to major dike failures.
Councilman Arnerich moved to accept staff's recommendation [to take
public testimony, hear objections, and continue the hearing to July
20, 1993, for final action]. Councilmember Lucas 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.
July 6, 1993
r)62
At 10:12 p.m., Vice Mayor Roth announced a Council recess for ten
minutes.
Councilmember Appezzato and Mayor Withrow returned to the dais.
93-396 Report from the Community Development Director regarding
the East Bay Conversion and Reinvestment Commission.
Vice Mayor Roth moved acceptance of the report. Councilmember
Appezzato seconded the motion which carried by unanimous voice vote
- 5.
93-397 Report from Public Works Director recommending opposing
implementation of Service Charges for Some Properties in Alameda
County Service Area B-1988-1 to Provide Funds for Maintenance and
Operation of the Estuary Bridges.
Betty Ballerini, Alameda, inquired into the background of ownership
of the bridges.
The City Manager stated the United States Army Corps of Engineers
constructed the bridges, turned them over to Alameda County to own
and operate.
The City Attorney noted the City does not have control on a non-
City road.
Ms. Ballerini stated traffic would be difficult in Alameda if a
toll must be paid.
President Withrow stated the matter should be referred to the
Alameda County Board of Supervisors.
John Scott Graham, Alameda, stated he is in favor of the toll.
Harold Griego, Alameda, requested Council vote against the bridge
toll.
Joanne Warstler, Alameda, applauded Council, stated she hopes
Council will oppose County in this instance; and send message to
County Supervisors that no new service is provided, and waste must
be reduced.
Councilman Arnerich moved to oppose assessment charges; County be
required to maintain the bridges as it has been under the
Agreement; and prior to notifying any city of an assessment in the
future, County abide by the signed agreement and inform cities of
County's intentions. Councilmember Lucas seconded the motion which
carried by unanimous voice vote - 5.
93-398 Ordinance No. 2633, N.S. "Amending the Alameda Municipal
Code by Amending Certain Sections of Article V (Administrative
Policies and Procedures), Chapter II (Administration) Thereof,
July 6, 1993
263
Pertaining to Disposition and Sale of Unclaimed Property, and
Chapter XI (Bicycles) Thereof, Pertaining to Disposition of
Unclaimed Bicycles." Passed.
John Scott Graham, Alameda, requested clarification of affects of
the ordinance.
The City Manager stated the ordinance allows certain bicycles to be
used by the City, and there would be continued auction of certain
bicycles.
Mr. Graham stated his concern for persons to have opportunity to
claim their bicycles.
Vice Mayor Roth moved passage of the ordinance. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 5.
93-399 Written Communications (3) from Kurt Braun, Alameda,
concerning regulations regarding certain improvements to his home,
and issues relating to construction in the Tidal Canal Lands which
abut his property.
Mr. Braun described his concerns regarding fire sprinkler
requirement; believes fire prevention improvements are better than
sprinklers; requested Council move to exempt existing residences
from fire sprinkler requirements.
In response to Councilman Arnerich, the City Attorney confirmed
this issue is not before Council as an appeal; explained procedure
to change Uniform Codes, and noted any change would apply to all
similarly situated parcels.
Councilman Arnerich stated he believes unnecessary restrictions may
have been placed on the Brauns; and he would like input concerning
how the situation can be rectified.
* * *
Councilman Arnerich moved the meeting be extended past 11:00 p.m.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
* * *
Katie Braun, Alameda, stated the three problems she has are: she
believes they [Brauns] have been arbitrarily singled out, fire
sprinklers work best but relative expense must be looked at; and
when construction was originally begun on the rear house, no one
told them a fire sprinkler was needed.
Vice Mayor Roth stated the sprinkler was not required before
construction of the building in the front.
Following discussion of possibility of changing Uniform Codes,
Councilmember Appezzato stated the Code has applicability Citywide
and is for the safety of residents, their neighbors, and the City,
and if the Code is changed in this one case, it may prove to be
July 6, 1993
64,
more detrimental than beneficial.
Mr. Braun referred to his letter concerning conveyance of Tidal
Canal land which suggests direct transfer to a neighbor instead of
transfer through the City; and addressed the third letter
concerning Use Permits regarding improvements to his property,
requesting, if the permits are deemed necessary, the fees be
waived.
The Planning Director addressed Mr. Braun's concerns.
Vice Mayor Roth moved to accept the Written Communications and
instruct staff not to pursue changing the laws.
Councilmember Lucas suggested simply accepting the Communications.
Councilman Arnerich stated Council has an obligation to look
further to see if something can be done.
Mr. Braun said they [Brauns] would come back to Council, and many
neighbors also have problems which need to be resolved.
Councilmember Lucas stated appeals have been exhausted, fire safety
is very important, therefore, she does not want to change the Fire
Code; concerning tranferring title, the staff report states an
additional staff person would be needed to work on the issue and
the City does not have that kind of funding available; and she
regrets nothing can be done.
Councilmember Lucas seconded Vice Mayor Roth's motion.
In response to President Withrow, the City Attorney stated staff
would interpret the motion to mean that in this specific situation
Council does not desire the Building Code or Fire Code be evaluated
for the purpose of amendment.
The motion was carried by the following voice vote: Ayes:
Councilmembers Appezzato, Lucas, Roth and President Withrow 4.
Nayes: Councilman Arnerich - 1. Absent: None.
ORAL COMMUNICATIONS, NON-AGENDA
93-400 John Scott Graham, Alameda, stated Special meetings
should be scheduled in a manner to allow at least five days public
notice.
93-401 Gerhard Degemann, President, Historic Alameda High School
Foundation, Inc., (HAHSF), discussed the 1989 School Bond Measure
to upgrade buildings and rehabilitate Historic Alameda High School
for approximately four million dollars; stated Council endorsed the
Bond Issue, and the Foundation was the first to endorse it; before
Dr. Searles left office, he (Mr. Degemann) was appointed to the
School District Construction Oversight Committee for HAHSF; at the
first meeting there was talk about diverting $3,000,000 of bond
July 6, 1993
265
funds to build a new building and parking structure and 10
classrooms; and he (Mr. Degemann) is requesting Council to ask the
school district to stick to what City Council voted on and was
promised to Council and the citizens.
93-402 Gerhard Degemann, Alameda, stated the Founder of the
Fourth of July Parade and other VIPs were not in the Parade; and
those individuals should be included in the future.
93-403 Councilman Arnerich questioned whether the 1989 Bond
Issue funds can be used for other purposes, and requested the City
Manager to report back to Council on the matter.
Mayor Withrow concurred the issue should be agendized.
NEW BUSINESS AND UNFINISHED BUSINESS
93-404 President Withrow stated the Fourth of July Committee did
a tremendous job.
ADJOURNMENT
President Withrow adjourned the meeting at 11:48 p.m.
Respectfully submitted,
XZL
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
July 6, 1993