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1993-09-07 Regular CC Minutes3 4 2 MINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL SEPTEMBER 7, 1993 The meeting convened at 7:35 p.m. with President Withrow presiding. The Pledge of Allegiance was led by Vice Mayor Roth. Reverend Jack Buckley gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. Absent: None. ANNOUNCEMENTS OF CLOSED SESSION ACTION. 93-524 Mayor Withrow announced that at the Special Council Meeting at 6:30 p.m., Council adjourned to Closed Session to consider: Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Mayor withrow stated Council gave further instruction to City Negotiator; no action was taken. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 93-525 Presentation of Certificate of Service to Phyllis D. Marshall, former Member of the Social Service Human Relations Board. Mayor Withrow presented the Certificate to Ms. Marshall. CONSENT CALENDAR At the request of Councilman Arnerich, .President Withrow removed resolution (93-541) amending salary resolution, for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *93-526 Minutes of the Regular Council Meetings of July 20 and August 3, 1993, and the Special Council Meeting of July 27, 1993. Approved. *93-527 Report from Assistant City Manager recommending approval of expenses incurred by the Mayor on his August 1, 1993 trip to Washington, D.C. Accepted. September 7, 1993 *93-528 Report from Assistant City Manager recommending acceptance of work for the Chuck Corica Golf Complex Entryway Drainage and Widening, and Earl Fry Course 5th Fairway Lake Renovation, Project No. P.W. 10-91-12. Accepted. *93-529 Report from Assistant City Attorney regarding weeds at the old Signal Oil Property and at the corner of Auburn and Mecartney. (Councilman Arnerich) Accepted. *93-530 Report from Acting Police Chief recommending Support for President Clinton's Anti-Crime Proposal. (Mayor Withrow) Accepted. *93-531 Report from Public Works Director recommending adoption of Plans and Specifications and calling for bids for Landscaping Improvements, Parking Lots "A", "C", and Parking Lot "A" Courtyard, No. P.W. 1-91-1. Accepted. *93-532 Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Traffic Signal Installations at the Intersections of Fernside Boulevard/San Jose Avenue and High Street/Central Avenue, No. P.W. 8-93-11. Accepted. *93-533 Report from Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Repair and Resurfacing of Certain Streets, Phase 15, No. P.W. 8-93-12. Accepted. *93-534 Report from Community Development Director Recommending Execution of Participating Public Jurisdictions Agreement with Alameda County Housing and Community Development for Rehabilitation Assistance to Seneca Center. Accepted. *93-535 Report from Finance Portfolio as of July 31, 1993. *93-536 Resolution No. 12447 Agreement between the City Adopted. Director transmitting Investment Accepted. "Amending the City Cooperation of Alameda and Marina Village." *93-537 Resolution No. 12448 "Establishing Disadvantaged Business Enterprise Program Goals for Fiscal Year June 1, 1993 through June 30, 1994." Adopted. *93-538 Ordinance No , N. S. "Amending the Alameda Municipal Code by Amending Section 4-2 (Graffiti) of Article I (Littering and Maintenance of Property) of Chapter IV (Offenses and Public Safety) Thereof, Relating to the Prevention, Prohibition and Removal of Graffiti." Introduced. September 7, 1993 34/ *93-539 Resolution No. 12449 "Amending Master Fee Resolution No. 12191, Establishing Appeal Fees Related to Graffiti Abatement." Adopted. *93-540 Bills, certified by the City Manager to be true and correct, were ratified in the amount of $4,068,261.05. 93-541 Resolution No. 12450 "Amending the Management and Confidential Employees Association Salary Resolution by Establishing the Salary for the Positions of Park Manager and Deputy City Attorney. Councilman Arnerich stated he does not think it is appropriate to place salaries and/or hiring of personnel on the Consent Calendar, and inquired whether funding from the -East Bay Conversion and Reinvestment Commission (EBCRC) for the part-time attorney is guaranteed. The City Manager stated there is no guarantee of EBCRC funding. Councilman Arnerich stated he would like a proviso that if the City finds there is no EBCRC funding for the position, it be terminated within 30 to 60 days. Councilman Arnerich moved adoption of the resolution; Vice Mayor Roth seconded the motion. Under discussion, Councilmember Lucas stated she wants the position limited to a temporary position. The City Manager stated the individual hired will be a part-time employee with a contract. Councilmember Appezzato stated he agreed with Councilman Arnerich that the matter should have been placed on the regular agenda; and inquired whether a motion was required to set policy. The City Manager responded staff can take direction without a motion. On call for the question, the motion carried by unanimous voice vote - 5. AGENDA ITEMS 93-542 Resolution No. 12451 "Appointing Lee Harris as a Member of the Planning Board." Adopted. Vice Mayor Roth moved Council appoint Lee Harris; Councilman September 7, 1993 345 Arnerich seconded the motion. Motion carried by unanimous voice vote - 5. The Deputy City Clerk administered the Oath of Office to Mr. Harris. 93-543 Resolution No. 12452 "Appointing Lisa Knight as a Member of the Social Service Human Relations Board." Adopted. Councilmember Lucas moved adoption of the resolution; Councilman Arnerich seconded the motion. Motion carried by unanimous voice vote - 5. The Deputy City Clerk administered the Oath of Office to Ms. Knight. Actions Related to Base Conversion Process. 93-544 Status Briefing on Base Conversion Process. (Mayor Withrow) Mayor Withrow stated he received a letter from the Governor's Office regarding a meeting on September 8th in San Bernardino on base conversion and Council is invited; Council is also invited to attend a Technical Review Committee Meeting at the Naval Air Station concerning the clean-up process of toxic contamination. 93-545 Reconsideration of Appointment of the BRAG Chair. Don Grant requested the City Council to reconsider nominating Mr. DeWitt as BRAG chair, and reviewed Mr. DeWitt's qualifications. Linda Galloupe, Alameda, stated reasons why she believes Mr. Perez should not be appointed as BRAG Chair. David Maxcy, Alameda, stated Mr. DeWitt's qualifications are outstanding and requested Council to appoint Mr. DeWitt. Councilmember Lucas moved the appointment of Mr. Perez; Vice Mayor Roth seconded the motion. On call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Lucas, Roth and President Withrow - 3. Nayes: Councilmembers Appezzato and Arnerich - 2. Absent: None. 93-546 Consideration of a BRAG Vice Chair. (Councilmember Lucas) Councilmember Lucas stated when the matter was last discussed, she had a candidate in mind for the position; at this point, the September 7, 1993 34C candidate has withdrawn and she suggests the matter be dropped at this time. Vice Mayor Roth stated he is not sure that BRAG needs a Vice Chair; at some later date, perhaps the matter can be reconsidered. Councilmember Appezzato stated if a BRAG Vice Chair is needed, the Committee can make the recommendation to the City Council, and so moved. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Issues Related to UCSF. 93-547 Community Workshops. Councilmember Lucas stated she was pleased with the two sites selected for the workshops. Mayor Withrow requested staff to ensure good communication in the areas surrounding the workshops; he suggested PTA's, Homeowners' Associations, and other groups, be used to get the word out. In response to Vice Mayor Roth, the City Attorney stated there will be no problem with Council attendance at the workshops. Councilmember Lucas moved acceptance of the communication; Councilman Arnerich seconded the motion. Motion carried by unanimous voice vote - 5. 93-548 Public Hearing to consider an ordinance rezoning certain properties within the City of Alameda from R-1 (One-Family Residence) Zoning District to R-1-PD (One-Family Residence - Planned Development) by amending Zoning Ordinance No. 1277 for that property located at 1234, 1236, and 1238 College Avenue, and 2828 Encinal Avenue, and Ordinance No. , N.S. "Reclassifying and Rezoning Certain Properties within the City of Alameda by amending Zoning Ordinance No. 1277 for that property located at 1234 College Avenue, 1236 College Avenue, 1238 College Avenue, and 2828 Encinal Avenue." Introduced. Diane Coler-Dark, Alameda, thanked the City Council for implementing the policy that allows staff to explore various procedural changes; Coler-Dark stated such changes open up properties to low-income first-time homebuyers; she thanked staff for cooperation and innovative ideas; and requested Council to keep September 7, 1993 in mind modifications to new procedure to encompass a wider range. Councilmember Lucas thanked Ms. Coler-Dark for being instrumental in the ordinance changes. Councilman Arnerich moved recommendation to introduce ordinance; Councilmember Lucas seconded the motion. Motion carried by unanimous voice vote - 5. Councilmember Lucas stated Ms. Coler-Dark raised the potential of amending the Subdivision Ordinance to also include other multiple- building plots, and would like staff to look at that. 93-549 Report from Chair, Finance Committee, requesting appointments to the Committee, and submitting a Mission Statement. (Councilmember Appezzato and Vice Mayor Roth) Noel Folsom, Chair, Finance Committee, stated the Committee's communication is a request for Council to fill the vacancies on the Finance Committee; and he would like a response this evening whether appointments will be made or the Committee will be disbanded. Don Roberts, Alameda, former Finance Committee Member, described the past and current roles of the Committee; and urged the Council to continue the Committee on an interim basis for another year. Councilmember Appezzato stated he supports the Finance Committee; if the Committee is properly used, it can provide a valuable service to the City; if there is a problem with staff time, it needs to be worked out; and he would like to cpp, t.hcl continue and [Council] fill membership to five. Vice Mayor Roth stated he placed the matter on the agenda because the Chair suggested eliminating the Committee; there has been a high turnover in membership; he suggests Council eliminate Item Nos. 3 and 4 of the Committee's Goals and strike the word "members" from Item No. 7, if the Council wishes to continue the Committee; the type of work the Committee should be doing is analyzing the cost of service for housing; and he would support eliminating the Committee. Councilmember Lucas stated her former Finance Committee appointees recommend Council eliminate the Committee; Council has been very involved in City finances; committees require staff time and there is limited staff; she respects the current members and hopes they will become involved with other committees. Councilman Arnerich stated he would like: 1) the City Manager and September 7, 1993 Finance Director to review the Goals to determine what are the good and bad points; 2) the Committee to continue for another year and be given a role; and 3) Councilmember Lucas and he make nominations [for appointment] in two weeks. Councilmember Appezzato stated he believes the Finance Committee can provide a very valuable service if given the right guidance; he has a great deal of confidence in staff; and he, like Councilman Arnerich, would like to continue the Committee for another year. Councilman Arnerich moved: 1) the Finance Committee be extended for one year, effective as of the date that the five members are on board; 2) continuation of the Finance Committee, and 3) the City Manager and Finance Director meet with appropriate staff to present a new and complete Mission Statement to the Council. Councilmember Appezzato seconded the motion. President Withrow noted the City is moving into a period of 4 to 5 years where Council will be calling upon a lot of time and energy among volunteers; the City must come up with the total process for [base] conversion, and seriously wonders whether Council is investing the time of the individuals that have volunteered to help the City in the financial area in the best way. Following further discussion, Vice Mayor Roth made a substitute motion that Council accept the correspondence from the Finance Committee, and instruct staff to come back on the next agenda with the process for the elimination of the Finance Committee. Councilmember Lucas seconded the motion. The motion carried by the following voice vote: Ayes: Councilmembers Lucas, Roth and President Withrow - 3. Nayes: Councilmembers Appezzato and Arnerich - 2. Absent: None. 93-550 Report from Chair, Mayor's Committee for the Disabled, on Goals and Objectives. Chair Cooney stated Mayor Withrow issued the Committee a challenge to adopt a set of goals and measurable objectives that would enable the Committee and the Council to more successfully measure their work; reviewed the goals and objectives adopted by the Committee; and noted that he has a request in to the Mayor to appoint eleven more members. Vice Mayor Roth moved to accept the report. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. ***Recess*** Reconvened at 9:05 p.m. September 7, 1993 93-551 Report from City Attorney regarding the City of Alameda Smoking Ordinance and Proposed State Legislation. (Councilmember Lucas and Vice Mayor Roth) Councilmember Lucas stated the Alameda City Council, over the years, has put some smoking control ordinances out into the community; there is protection provided; and there are some groups who want more protection, but are not represented here tonight. Councilmember Lucas moved acceptance of report. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 93-552 Report from Public Works Director regarding a request to install an All-Way Stop at Versailles Avenue and Buena Vista Avenue. Councilman Arnerich moved acceptance of the report [and recommendation to deny request]. Councilmember Lucas seconded the motion. Under discussion, Councilmember Appezzato stated he supports the all-way stop. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, Roth and President Withrow - 4. Nayes: Councilmember Appezzato - 1. Absent: None. 93-553 Report from Finance Director regarding Accelerated Street Improvement Program; and 93-554 Resolution No. 12453 "Approving Installment Purchase of Street Improvements From the Alameda Public Improvement Corporation, Authorizing Execution of Related Installment Sale Agreement and Trust Agreement, and Approving Delivery and Sale of Not to Exceed $5,000,000 Principal Amount of Certificates of Participation and Related Matters." Adopted. In response to Vice Mayor Roth's concern regarding payments from gas tax allocations, the City Manager stated there are guarantees in the State Code now that specify some of the gas tax revenues come to the City; and also that there are restrictions on User fees. Councilman Arnerich moved adoption of resolution. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 93-555a Ordinance No. 2634, N . S . "Amending the Alameda Municipal September 7, 1993 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. Adopted. [See 93-555b for action.] 93-555b Ordinance No. 2635, "Establishing Rules and Regulations for Taxicab Franchises." Adopted. Councilmember Lucas moved adoption of the ordinances. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 93-556 Ordinance No. 2636, 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." Adopted. Jack Seely, Jr., Alameda, stated in Sections 4-36.3 through 4-36.8 the leasing of firearms is discussed, and State law, effective 1991-92, refuses the availability to lease and/or lend firearms; there are no exact amounts of fees listed in the legislation; and storefront firearms dealers are not addressed. Mayor Withrow agreed the language concerning leasing is misleading. The Acting Police Chief stated he will research the matter whether it is legal to lease. Mayor Withrow suggested the ordinance note it is illegal to lease, if in fact it is. Councilman Arnerich agreed clarity is necessary in Sections 4-36.2 and 4-36.3. The Acting Police Chief explained staff tried to write the ordinance broad enough to preclude any type of sales slipping through the cracks. Councilmember Appezzato stated he supports the ordinance as written, the City Manager and the Acting Chief of Police. Vice Mayor Roth seconded the motion. Kent Figone, Alameda, questioned what is going to be done with the Home Occupation Permits, and how it will affect the FFL Dealers and other businesses conducted in homes. The City Manager stated the ordinance will not become effective until such time the issue of Home Occupation Permit for Firearms has been discussed by the Planning Board. September 7, 1993 351 John Barni, Sr., Alameda, stated the sale of firearms should be conducted in commercial areas. Councilmember Lucas moved final passage of the ordinance; Vice Mayor Roth seconded the motion. Motion carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, Lucas, and Roth - 4. Nayes: President Withrow - 1. Absent: None. 93-557 Ordinance No. 2637, N.S. "Amending the Alameda Municipal Code by Amending Subsections 13-49.1 (Filling and Dredging Unlawful Without Permit) and 13-49.2 (Application Form) of Section 13-49 (Filling and Dredging Permit Required), Article XV (Filling and Dredging), Chapter XIII (Building and Housing) Thereof, Pertaining to Filling and Dredging." Adopted. Councilmember Appezzato moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 93-558 Ordinance No. , N.S. "Amending the Alameda Municipal Code by Adding Subsection 3-28.9 to Section 3-28 (Payment of Taxes), Division IV (Levy and Collection of Taxes), Chapter III (Finance and Taxation) Thereof, Pertaining to Payment By City Enterprise Funds of an Annual In-Lieu Tax of 1% of Fixed Assets." [Continued to September 21st] John Barni, Sr., Alameda, questioned who is fixing the assessed value of the various funds, and how much will be collected from these funds. The City Manager stated the process was devised by the Finance Director; process was based upon the valuation of the assets as determined by the auditors hired by the City: valuation is 1% of the fixed assets of the City Enterprise Funds--Electricity, Golf and Sewer. John Barni, Sr., stated the Golf payment should be much higher than $12,600, and the City should have a bonafide outside appraiser. Mr. Shomon, President, Public Utilities Board, introduced members of the Board seated in the Chamber: Vice President Mark Hanna, Wm. McCall, Kenneth Hansen, and City Manager Bill Norton; described the Bureau's savings to ratepayers, and contributions to the City; noted three major impacts to reserves, including City's $314,000 PILOT tax; he stated the PUB has scheduled a Special Meeting for September 15 to discuss all the impacts of this measure (PILOT Tax); the Board requests a delay in action for two weeks to allow time to assess the impact on the community and report back to Council. September 7, 1993 U 2, Councilmember Appezzato moved to delay final adoption of Ordinance until September 21; Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 93-559 Ordinance No. 2638, N.S. "Amending the Alameda Municipal Code by Amending Subsection 3-58.2 (Imposition of Tax) to Section 3-58 (Real Property Transaction Taxes, Part C (Use Tax), Chapter III (Finance and Taxation) Thereof, Pertaining to Property Transfer Tax." Adopted. Vice Mayor Roth stated he understood a clause was going to be added that the change would not effect those properties currently in escrow. The City Manager stated he was going to provide the Board of Realtors with options for properties in escrow. Vice Mayor Roth moved adoption; Councilmember Lucas seconded the motion. Motion carried by unanimous voice vote - 5. 93-560 Ordinance No. 2639, N.S. "Amending the Alameda Municipal Code by Amending Subsection 3-59.8(B) (Cable Television Users Tax), Section 3-59 (Utility Users Tax), of Article II (Taxation), Chapter III (Finance and Taxation) Thereof, Pertaining to Users Tax on Cable Services." Adopted. Councilmember Lucas moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA 93-561 Lawrence Van Hook, Alameda, stated he needs help from the Council who voted for Mr. Perez [appointed as Base Reuse Advisory Group Chair] without public discussion; and asked what Councilmembers would do, at this point, if they were an African- American man like himself without representation. President Withrow stated Mr. VanHook does have representation; he is an Alamedan, citizen, and a resident, and is represented by the members of the City Council; and if he were in Mr. VanHook's position, he would pick one of the operating committees, put in an application, and put forth the effort that would make it a better process. Mr. VanHook stated the only way they can be represented in America is to protest. Mayor Withrow responded he has a great deal of respect for Mr. DeWitt [nominee for BRAG Chair] and he takes offense that Mr. September 7, 1993 35C VanHook is implying Councilmembers voted for Mr. Perez because of Mr. DeWitt's background, culture, or race. 93-562 Clayton Guyton, Alameda, stated they [African Americans] want Federal funding to establish a committee that will be in their best interest. 93-563 John Rodgers, Alameda, commented on the 5:30 p.m., Press Conference regarding Proposed Expansion at Metropolitan Oakland International Airport; he complained negotiations have been political; and that he would like the issue brought before the full Council and public. NEW BUSINESS AND UNFINISHED BUSINESS 93-564 Consideration of Mayor's nomination for appointment to the Recreation Commission. Mayor Withrow nominated Marie Gilmore for appointment to the Recreation Commission. 93-565 Consideration of Mayor's nomination for appointment to Cable Television Advisory Committee (expertise in youth and minority interests). Mayor Withrow nominated Johanna Caldwell for appointment as Member of the Cable Television Advisory Committee. 93-566 Consideration of Mayor's nomination for appointment to Cable Television Advisory Committee (expertise in consumer affairs). Mayor Withrow nominated Stanley Lichtenstein for appointment as Member of the Cable Television Advisory Committee. Councilman Arnerich stated the Cable consumer is going to get ripped off more and more; and Council should be informed of all increases and protect interests of our citizens. ADJOURNMENT President Withrow adjourned the meeting at 10:15 p.m. pectfully submitted, D ahe B. Felsch, City Clerk The agenda for this meeting was posted 72 hours in advance. September 7, 1993