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1993-08-17 Regular CC Minutes309 MINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL AUGUST 17, 1993 The meeting convened at 7:30 p.m. with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Wilfred Hodgkin gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Lucas, Roth, and President Withrow - 4. Absent: Councilman Arnerich - 1. ANNOUNCEMENTS OF CLOSED SESSION ACTIONS 93-469 Mayor Withrow announced that, at the Special Meeting at 6:00 p.m., prior to the Regular Meeting, Council adjourned to Closed Session to consider: Pending Litiaation, Guyton v. City of Alameda, pursuant to Subsection (a) of Government Code Section 54956.9 of the Brown Act, and no action was taken; Initiation of Litiaation, pursuant to Subsection (c) of Government Code Section 54956.9 of the Brown Act, no action was taken; and the City will be scheduling a Press Conference to present its proposed Settlement Agreement to resolve the Airport Expansion Issues. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 93-470 Proclamation commending Don Dowdell for his service to Alameda. Mayor Withrow read proclamation declaring August 17th as Donald A. Dowdell Day and presented same to Mr. Dowdell. 93-471 Presentation of Certificate of Service to Lucy Brohard, former Member of the Library Board. Presentation was not made as Ms. Brohard was not present. 93-472 Presentation of Certificate of Service to Phyllis D. Marshall, former Member of the Social Service Human Relations Board. Presentation was not made as Ms. Marshall could not be present. 93-473 Presentation of Frontline Employee Excellence Awards. Mayor Withrow presented awards to Debra Rountree and Onawu Pickett, Alameda Housing Authority employees. CONSENT CALENDAR Councilmember Lucas moved approval of the Consent Calendar. Vice August 17, 1993 3 0 Mayor Roth seconded the motion which was carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. *93-474 Minutes of the Special Council Meetings of July 6, July 14, and July 20, 1993. Approved. *93-475 Report from Public Works Director on Metropolitan Transportation Commission's (MTC) Regional Transportation Plan. Accepted. *93-476 Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Construction of Bay Farm Island Bicycle Bridge, No. P.W. 1-92-01. Accepted. *93-477 Bills, certified by the City Manager to be true and correct, were ratified in the amount of $1,130,516.84. AGENDA ITEMS 93-478 Resolution No. 12436 "Reappointing Edward H. Clark as a Member of the City Economic Development Commission." Adopted. Vice Mayor Roth moved adoption of resolution. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 4. The Deputy City Clerk administered the Oath of Office. 93-479 Resolution No. 12437 "Reappointing Larold K. Schulz as a Member of the City Economic Development Commission." Adopted. Mayor Withrow noted Reverend Schulz was out of town. Vice Mayor Roth moved adoption of resolution. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 4. 93-480 Resolution No. 12438 "Reappointing Robert M. Wood as a Member of the City Economic Development Commission." Adopted. Vice Mayor Roth moved adoption of resolution. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 4. The Deputy City Clerk administered the Oath of Office. Actions Related to Base Conversion Process. 93-481 Status Briefing on Base Conversion Process. (Mayor Withrow) Mayor Withrow reported on the East Bay Conversion and Reinvestment Commission (EBCRC) meeting held on August 12th; he stated on Saturday, August 21, the Commission will review and evaluate goals and objectives; and he also reported on President Clinton's visit August 17, 1993 to the East Bay regarding Base Conversion. Vice Mayor Roth reported on certain issues addressed at the EBCRC meeting held on August 12th, including the hiring of a Project Manager; and the National Association of Installation Developers [NAID] Conference in San Francisco. Vice Mayor Roth further stated a letter should be sent to the Office of Economic Adjustment [OEA] that states Alameda is the agency that has control over land use; and letters should also be sent to the President, Dept. of Defense, and Dept. of Navy. Mayor Withrow stated the Area Coordinator and the U.S. Navy recognize Alameda is the point of contact. Councilmember Lucas stated she agreed with Vice Mayor Roth's concerns. Mayor Withrow concurred a letter should be sent to OEA; he stated EBCRC is not going to take action on the Naval Air Station, and Congressman Dellums recognizes Alameda is zoning authority. Councilmember Lucas commented on the MAID Conference and the discussions on base conversion. Councilmember Appezzato stated Alameda must determine its own destiny and acquire the Naval Air Station land. Vice Mayor Roth noted that there are four Federal sources of grant monies. Neil Patrick Sweeney, Alameda, stated graphs of organizations would be helpful, and discussed environmental clean-up strategies. 93-482 Report from Community Development Director regarding appointments to the Base Reuse Advisory Group. The City Manager stated the City Clerk provided a list of nominations submitted by City Council for Outreach and Environment Subcommittees; Council may wish to ratify names provided for other Subcommittees, and perhaps consider nominations for the BRAG Chair. Councilmember Lucas stated she was ready to vote and suggested Council vote first on the persons who receive two Council nominations. Councilmember Appezzato stated his nominee for the Outreach Committee is Olga D'Amante. Councilmember Lucas nominated Diane Lichtenstein. Vice Mayor Roth stated Ms. Lichtenstein was also his nominee. President Withrow stated his nominee was Dori Harshman; and that August 17, 1993 Councilman Arnerich's nominee was Barbara Kerr. Councilmember Lucas moved appointment of Diane Lichtenstein. Vice Mayor Roth seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Lucas, Roth and President Withrow - 3. Noes: Councilmember Appezzato - 1. Absent: Councilman Arnerich - 1. Councilmember Lucas nominated Malcolm T. Mooney to Chair the Environment Subcommittee. Councilmember Appezzato nominated Susan Churchill. President Withrow stated his nominee is Mr. Mooney. Vice Mayor Roth nominated Thomas Bertken. President Withrow noted that Neil Sweeney was the nominee of Councilman Arnerich. Councilmember Lucas moved appointment of Captain Mooney. President Withrow seconded motion which carried by the following voice vote: Ayes: Councilmembers Lucas, Roth, and President Withrow - 3. Noes: Councilmember Appezzato - 1. Absent: Councilman Arnerich - 1. President Withrow read the nominations received for Chairs of the following subcommittees: Education Subcommittee: Sam Huie from Board of Education; Housing Subcommittee: Alice Garvin from Board of Realtors; Recreation Subcommittee: Toby Chavez from Recreation Commission; Employment/Retraining Subcommittee: Bill Garvine, from Chamber of Commerce; Economic Subcommittee: Helen Sause from Economic Development Commission; Land Use Subcommittee: Stephen Fee from Planning Board; and Infrastructure Subcommittee: Kenneth G. Hansen from Public Utilities Board. Mayor Withrow stated Council will need to address, in the future, the Reuse Subcommittee; it was the intent that the chair be an employee of NADEP, however, the Navy does not believe it is appropriate; and he suggested each Councilmember come up with a name in a week. Vice Mayor Roth moved appointment of Subcommittee Chairs. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 4. [Absent: Councilman Arnerich.] Mayor Withrow submitted the name of Larry Schulz for Chair of BRAG; Councilmember Appezzato submitted the name of Howard K.P. Palmer, Jr.; Mayor Withrow noted Councilman Arnerich had submitted the name of Al DeWitt; Councilmember Lucas and Vice Mayor Roth stated they would announce their nominations at the August 24 Council Meeting; August 17, 1993 313 by consensus, Council agreed to consider nominations for BRAG and Reuse Subcommittee Chairs on August 24th. 93-483 Report from City Manager recommending Appropriation of Funds for Naval Air Station Conversion. Albert DeWitt, Alameda, stated he believes the budget salaries are too high and staff too large; and City should use volunteers as much as possible. E. Griego, Alameda, stated he hopes the money will not come from the property owners, to which President Withrow responded the funds will come from the Federal Government's $3.5 million planning funds for base conversion. Councilmember Lucas stated her various reasons for supporting the City Manager's recommendation. Vice Mayor Roth stated the proposed budget is lean compared to other cities, e.g., Fort Ord, Monterey. Councilmember Appezzato stated he believes the City will be successful in getting the Federal Government to reimburse the funds and he will support the budget. Vice Mayor Roth moved adoption of the budget; Councilmember Lucas seconded the motion. The City Manager, in response to Councilmember Appezzato, explained the purpose for the Administrative Secretary position. Following discussion, Council approved the position; agreed the Mayor will have primary use of the individual, however, the employee will be allowed to do other things. The motion carried by unanimous voice vote - 4. [Absent: Councilman Arnerich] 93-484 Report from Community Development Director recommending Approval of Submission of Application for Funding to the Office of Economic Adjustment and Related Funding Sources. Councilmember Lucas moved acceptance of report and recommendation. Councilmember Appezzato seconded the motion. In response to Vice Mayor Roth, the City Manager confirmed that "Related Funding Sources" would include State Funds. The motion was carried by unanimous voice vote - 4. [Absent: Councilman Arnerich] 93-485 Resolution No. 12439 "Designating the City Manager of the City of Alameda as the Single Point of Contact to the Department of Defense for All Matters Regarding the Closure and Reuse of Alameda Naval Air Station and Alameda Naval Aviation August 17, 1993 Depot." Adopted. Mayor Withrow stated he would like the recommendation modified so that if the single point of contact is anyone other than the City Manager, City Council approval is required. Councilmember Appezzato moved adoption of the resolution. Vice Mayor Roth seconded the motion. Under discussion, Councilmember Appezzato inquired whether the Mayor would consider his [Mayor's] business mail going to the City Manager. Mayor Withrow stated the current procedure has been in place for thirty or forty years, and he is not willing to change that [procedure]. On call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilman Arnerich] 93-486 Resolution No. 12440 "Commending Secretary of Defense Les Aspin's Efforts to Accelerate Base Conversion and Reuse and to make Alameda Naval Air Station and Alameda Naval Aviation Depot Models for Conversion and Reuse." (Councilmember Lucas) Adopted. Councilmember Lucas moved adoption of resolution. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 4. [Absent: Councilman Arnerich] * * * * President Withrow suggested the next three resolutions be taken a- one unit. Vice Mayor Roth so moved. Councilmember Lucas seconded the motion and Council, by consensus, agreed. * * * * 93-487 Resolution No. 12441 "Commending Senator Barbara Boxer for Her Efforts to Retain the Alameda Naval Air Station and Alameda Naval Aviation Depot and for Her Continued Support for Conversion from Military to Civilian Use." Adopted. Vice Mayor Roth moved adoption of resolutions. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 4. [Absent: Councilman Arnerich] 93-488 Resolution No. 12442 "Commending Senator Diann- Feinstein for Her Efforts to Retain the Alameda Naval Air Station and Alameda Naval Aviation Depot and for Her Continued Support for Conversion from Military to Civilian Use." Adopted. See paragraph 93-487 for motion. 93-489 Resolution No. 12443 "Commending Congressman Ronald Dellums for His Efforts to Retain the Alameda Naval Air Station and Alameda Naval Aviation Depot and for His Continued Support for Conversion from Military to Civilian Use." Adopted. See paragraph 93-488 for motion. August 17, 1993 315 * * * * (Council recessed and reconvened at 9:45 p.m.) Issues Related to UCSF. 93-490 Verbal Report from Council Subcommittee. (Councilmember Lucas) The City Manager noted that the subcommittee of the Council was unable to attend the [August 11] meeting and he has requested the Community Development Director to provide an oral report and respond to any questions. The Community Development Director reported on the August 11th meeting held at the request of UCSF to plan a community workshop on the possible expansion of UCSF to Alameda; she explained Councilmembers Appezzato and Lucas did not attend due to a conflict with Brown Act noticing requirements; and she stated the first community workshop will be held on September 20th at the Bay Farm Elementary School, the second workshop will be held on September 29th and the location is tentative at this point. Councilmember Lucas stated a major area of concern comes from the Fernside District, and Edison School may be a good location for one of the workshops. Don Roberts, Alameda, urged Council to include in the recommendation [see paragraph 93-491] that the City Manager negotiate for acreage at no cost to the City; and he suggested the City ask President Clinton to immediately transfer three acres of NAS land for a soccer field. In response to Vice Mayor Roth's inquiry regarding Brown Act requirements as they relate to the Council Subcommittee, the City Attorney provided general guidance and stated she will research the matter and provide additional guidance before the next meeting. 93-491 Report from City Manager recommending authorization to negotiate for land at Harbor Bay Business Park for a proposal to UCSF. Vice Mayor Roth moved approval of the staff recommendation; Councilmember Lucas seconded the motion. In response to Councilmember Lucas' inquiry concerning financial impacts, the City Manager stated there would be no cost to the City nor homeowners; and the only cost would be to the owners of the Business Park who would be giving up land without any compensation. Councilmember Appezzato requested the City Manager to include the following in the concept: the financial burden per acre; who would pay off the loans; the value of the land; and whether encumbrances exceed the value of the land. August 17, 1993 Vice Mayor Roth's motion carried by a unanimous voice vote - 4. [Absent: Councilman Arnerich] 93-492 Appeal by Mortimer Howard of the Planning Board's decision to uphold the Planning Director's determination that Planned Development Amendment is required and that the Design Review application is incomplete for an expansion of the second story of a house at 2901 Jackson Street; and Resolution No. 12444 "Upholding the Planning Board Determination that a Planned Development Amendment is Required and that Additional Information is Needed to Make Complete the Design Review Application for Modifications of a House Under Construction at 2901 Jackson Street." Adopted. Councilmember Lucas stated due to a conflict of interest, she is abstaining from the matter. The Planning Director explained the background of the matter; described displayed drawings concerning the proposed modifications to the structure. The City Attorney commented on the legal elements of the hearing. William R. Edgar, Piedmont, Attorney for Appellant, addressed Council, stated the primary issue is that Planning Director's denial is based on two points, and deferred time to his client. Mortimer Howard, Appellant, Oakland, described the Planned Development, addressed the Planning Director's concerns, and stated whether the structure, or use of the structure, will have substantial adverse affect on adjacent property has not been made clear. Mr. Edgar stated he does not believe standards are present for a valid Design Review Manual; no standards exist to guide the Planning Director's determination concerning adverse affect on adjacent property; and he submits that Council should order a permit to be issued. Bruce McGregor, President, Planning Board, stated the question is not the merit of the building, but the process; Mr. Howard can discuss merits by filing a Planned Development Amendment and Planning Board would hear comments; the proposal of Mr. Howard to change the design may have substantial adverse impact; and requested Council deny Appeal. President Withrow closed the public portion of the hearing. Councilmember Appezzato moved Council follow Planning Board's recommendation, staff's recommendation, and uphold the Board's decision, adopting resolution. He stated the Applicant must submit a Planned Development Amendment and submit all information requested to complete Design Review. Vice Mayor Roth seconded the August 17, 1993 7 motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Roth and President Withrow - 3. Noes: None. Absent: Councilman Arnerich - 1. Abstention: Councilmember Lucas - 1. 93-493 Report from Acting Chief of Police regarding Franchising of the Taxi Program in the City of Alameda; and Ordinance No. , N.S. "Amending the Alameda Municipal Code by Amending Subsection 10-2.1 of Section 10-2 (Permits) and Subsections 10-5.1, 10-5.2 and 10-5.3 of Section 10-5 (Taxicabs), Chapter X (Taxicabs and Vehicles for Hire), Thereof, Pertaining to Operation of Taxicabs." Introduced. Ordinance No. N.S. Regulations for Taxicab Franchises." Introduced. "Establishing Rules and Vice Mayor Roth moved introduction of ordinances. Councilmember Appezzato seconded motion which carried by unanimous voice vote -4. [Absent: Councilman Arnerich] 93-494 Report from Acting Chief of Police regarding Firearms Dealer License Ordinance and Home Occupation Permit Modification. Ordinance No. N.S. "Amending the Alameda Municipal Code by Adding Section 4-36 to Article V (Firearms and Explosives), Chapter IV (Offenses and Public Safety), Thereof, Pertaining to License Requirements for Firearms and Munitions Dealers." Introduced. _Lynn Groh, Alameda stated the Alameda League of Women Voters supports the ordin..,nce. Jaime Paige, Alameda, stated he has one quibble, and that is in Section 4-36.6; he would like to see a 30-day time limitation on the investigation of an applicant. Acting Police Chief responded that 30 days would be a reasonable time for P. background investigation. Kent Figone, Alameda, inquired about the proposed Home Occupation standards modification (Municipal Code Section 30-2). The City Manager stated if Council wants to allow dealers who are currently selling out of their homes to continue, staff's recommendation is the matter go to the Planning Board. Councilmember Appezzato stated he supports the City Manager's recommendation to send the matter to the Planning Board. In response to Vice Mayor Roth, the City Attorney advised Council that they may change the effective date of the ordinance to be simultaneous with the consideration of the amendments to the Home Occupation Permit. August 17, 1993 318 Chris Gaskill, Alameda, expressed concern regarding the expense to meet ordinance requirements. Councilmember Appezzato stated he supports the firearms dealer licensing ordinance, and he recommends Municipal Code Section 30-2 be referred to the Planning Board. Mayor Withrow suggested Councilmember Appezzato include the 30-day [background investigation] modification in his motion. Vice Mayor Roth stated he would second the motion if Councilmember Appezzato would add an amendment regarding simultaneous effective dates of the ordinances. Councilmember Appezzato agreed to the amendments. Under discussion, Councilmember Lucas requested the Planning Director to explain what is involved in acquiring Home Occupation Permits. Following the Planning Director's response, Councilmember Lucas stated she could not support any ordinance which permits gun sales in residential neighborhoods, and much less without public notification. In response to Mayor Withrow, the Acting Police Chief stated the cost to dealers to comply with the proposed ordinance could be $3,000. Councilmember Lucas stated the person she is concerned about is the buyer who comes into residential neighborhoods. Councilmember Appezzato stated he does support public hearings and the right for the public to voice their opinion; the matter will come back to Council; and the issue will be aired in public at the Planning Board level. Councilmember Appezzato's motion carried by unanimous voice vote - 4. [Absent: Councilman Arnerich] Councilmember Lucas clarified, for the record, that she supports the licensing ordinance, however, does not support the part [modification] regarding Home Occupation Permits or Use Permits in residential neighborhoods. ORAL COMMUNICATIONS. NON-AGENDA 93-495 Gerhard W. Degemann, Alameda, requested the City Council to adjourn the City Council Meeting in honor of Ron Wayne Arnerich, son of the Councilman Arnerich. NEW BUSINESS AND UNFINISHED BUSINESS 93-496 Consideration of Mayor's nomination for appointment to August 17, 1993 319 the Planning Board. Mayor Withrow nominated Lee Harris for appointment as Member of the Planning Board. 93-497 Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. (Continued from Regular Council Meeting of August 3, 1993.) Mayor Withrow nominated Lisa Knight for appointment. 93-498 Designation of Voting Delegate to League of California Cities Conference. (Councilmember Lucas) President Withrow stated he would like Councilmember Lucas to continue as voting delegate. Vice Mayor Roth moved to designate Councilmember Lucas as voting delegate. Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 4. 93-499 Discussion on the Finance Committee. (Vice Mayor Roth) Noel Folsom, Finance Committee Chair, requested the reason for the matter being before the City Council at this time. Vice Mayor Roth stated he requested it because there seems to be a problem with keeping members and continuity, and staff has spent a great deal of time and money on supporting the Committee. Noel Folsom stated he has several suggestions and thinks other members of the Committee have suggestions on saving staff time and costs; if it is to be considered a serious committee, the Council needs to make some new appointments; and the Committee would like an opportunity to serve. Councilmember Appezzato stated he would like the Committee to provide Council with recommendations on how staff time can be saved, etc. Noel Folsom suggested staff reports be double-sided when copied, that City staff not attend Committee meetings, and City Councilmembers submit issues they would like looked at by Finance Committee. Councilmember Lucas stated her last two appointees resigned, and those former members stated they did not see that the Committee was worth their time nor the staff's time. Mayor Withrow stated what he has heard is that the Finance Committee would like to be given an opportunity to state what they can do; Council does not want to have committees which meet and take up the time of qualified people to just have meetings; and Council does value the time members put in. August 17, 1993 320 Vice Mayor Roth stated he likes Councilmember Appezzato's suggestion that the Committee report back to the Council at the next Council Meeting. *** Councilmember Lucas moved to extend the Council Meeting. Council by consensus approved. *** Mayor Withrow stated he would like the Committee to add to its goals and objectives the way current funds are developed: funds that members of the public think are being dedicated towards local government that are not, such as property taxes which go to the State. Mayor Withrow also suggested that the Committee share that information at public forums. ADJOURNMENT 93-500 Mayor Withrow adjourned the meeting at 11:28 p.m. in memory of Ronald Wayne Arnerich, the son of Councilman and Mrs. Arnerich. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. August 17, 1993