1993-09-21 Regular CC MinutesMINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL
SEPTEMBER 21. 1993
The meeting was convened at 7:33 p.m., with President Withrow
presiding. The Pledge of Allegiance was led by Councilmember
Lucas. The Reverend Dennis Stoneman gave the invocation.
ROLL CALL:
Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTIONS
93-571 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 negotiators; no action was taken.
Workers' Compensation Claim, 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
93-572 Proclamation Declaring September 23, 1993, as Children's
Services Information Day.
Mayor Withrow read the proclamation and presented same to a member
of the Social Services Human Relations, Barbara Guenther.
93-573 Presentation of Certificate of Service to Anthony
DeSimone, former Member of the Social Service Human Relations
Board.
Mr. DeSimone was unavailable to accept the Certificate.
93-574 Presentation of Certificate of Service to Wilfred
Hodgkin, former Member of the Planning Board.
Mayor Withrow presented Certificate to Reverend Hodgkin and
commended him for his service to the City.
Councilmember Appezzato noted Reverend Hodgkin has been appointed
to the Alameda County Grand Jury.
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CONSENT CALENDAR
At the request of Councilman Arnerich, report (93-588) concerning
Quarterly Sales Tax was removed from Consent Calendar for
discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Councilman Arnerich seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*93-575 Minutes of the Regular Council Meeting of August 17,
1993, and the Special Council Meetings of August 10, August 17, and
August 19 (2), 1993. Approved.
*93-576 Report from Public Works Director recommending Stop Sign
Installation for Union Street at Clinton Avenue. Accepted.
*93-577 Report from Finance Director transmitting Year End
Financial Report - 1992-93 Fiscal Year. Accepted.
*93-578 Report from Finance Director transmitting Investment
Portfolio for period ending August 31, 1993. Accepted.
*93-579 Resolution No. 12454 "Supporting and Incorporating
Pollution Prevention in Day to Day Operations." (Mayor Withrow)
Adopted.
*93-580 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Repealing Section 8-16 (Traffic in Tubes and Portal), of
Chapter VIII (Traffic and Motor Vehicles), Thereof, Pertaining to
Traffic Lines, Traffic Signals, Speed Limits, Regulations, and
Prohibited Acts." Introduced.
*93-581 Ordinance No. N.S. "Amending the Alameda Municipal
Code by Amending Subsections 12-4.1 and 12-4.5 of Section 12-4
(Public Off-Street Parking Lots), and Subsection 12-13.2(a) of
Section 12-13 (Parking Meters) of Chapter XII (Parking Lots and
Parking Meters) , Thereof, Pertaining to Public Off-Street Parking."
Introduced.
*93-582 Ordinance No. . N.S. "Amending the Alameda Municipal
Code by Amending Subsection 18-1.1 (Deposit of Glass, Etc., in
Sewer Prohibited) and Repealing Subsection 18-1.2 (Discharge of
Dyes, Etc., into Sewer Prohibited) of Section 18-1 (General
Provisions), Article I (Sewers), of Chapter XVIII, (Sewer and
Water), Thereof, Pertaining to Waste Water Control." Introduced.
*93-583 Ordinance No. N.S. "Amending the Alameda Municipal
Code by Repealing Section 11-5 (Bicycle Establishments; Purchase
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361
and Sale of Bicycles) of Chapter XI (Bicycles), Thereof, Pertaining
to the Purchase and Sale of Bicycles." Introduced.
*93-584 Ordinance No. . N.S. "Amending the Alameda Municipal
Code by Amending Subsection 3-1.1; Repealing Subsections 3-1.2 and
3-1.3; and Renumbering 3-1.4 to 3-1.2 of Section 3-1, Chapter III
(Finance and Taxation), Thereof, Pertaining to Demands Against
City." Introduced.
*93-585 Ordinance No. N.S. "Amending the Alameda Municipal
Code by Repealing Section 3-24 (Duties of Auditor) and Subsection
3-27.1 (Entry of Taxes), of Chapter III (Finance and Taxation),
Thereof, Pertaining to Collection of Taxes." Introduced.
*93-586 Ordinance No. . N.S. "Amending the Alameda Municipal
Code by Repealing Division III, Equalization, Section 3-23 (General
Provisions) of Chapter III (Finance and Taxation), Thereof,
Pertaining to City Board of Equalization." Introduced.
*93-587 Bills, certified by the City Manager to be true and
correct were ratified in the sum of $1,504,145.54.
93-588 Report from Finance Director transmitting Quarterly Sales
Tax Report for period ending June 30, 1993. Accepted.
Councilman Arnerich requested the Finance Director clarify figures
in the Hinderliter, deLlamas & Associates report on Alameda Sales
Tax, and the Finance Director explained the report.
Following discussion concerning a desire for footnotes to clarify
unclear figures and text, the need to spell out acronyms, a request
[by Councilman Arnerich] for Council to be alerted when a missing
quarter payment for one of the City's drugstore chains is received,
and a request [by President Withrow] for an adjusted set of figures
due to erroneous payment for Southwest Jet Fuel, report was
accepted.
Vice Mayor Roth moved acceptance; Councilman Arnerich seconded the
motion which carried by unanimous voice vote - 5.
REGULAR AGENDA
93-589 Resolution No. 12455 "Appointing Johanna J. Caldwell
as a Member of the Cable Television Advisory Committee." Adopted.
Vice Mayor Roth moved adoption of the resolution. Councilmember
Lucas seconded the motion which carried by unanimous voice vote -
5.
Ms. Caldwell was not available to take the Oath of Office.
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3 6 4.
93-590 Resolution No. 12456 "Appointing Stanley Lichtenstein
as a Member of the Cable Television Advisory Committee." Adopted.
Councilmember Lucas moved adoption of resolution. Vice Mayor Roth
seconded the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
Actions Related to Base Conversion Process
93-591 Status Briefing on Base Conversion Process.
Neil Patrick Sweeney, Alameda, commented East Bay Conversion and
Reinvestment Commission [EBCRC] will take a lead role in military
conversion for our country; and Alamedant should become involved
and support the City's Project Manager and the Chair of BRAG.
President Withrow stated the U.S. Navy is offering Building 90,
Atlantic Avenue, for use by the City's committee; a proposed
agreement from the Navy was received today concerning the property;
commended Senator Feinstein for efforts in U. S. Senate today;
noted September 27, will be date of beginning of the implementation
of the BRAC; the Navy will now be in a position to speak in terms
of dates, schedules, plans and programs; noted Chair of Operations
Committee, Congressman Conyers, Michigan, watchdog for disposal of
federal property laws (the 1949 Laws) will attempt to blunt
President Clinton's initiatives to change the 1949 Laws; commented
on President's 5-point program, and aspirations, concerning
conversion of bases, conversion to a civilian economy, and creation
of jobs; addressed Congressman Dellums° consideration of supporting
a 50% discount [on cost of Base land].
Councilmember Lucas stated she appreciates the Mayor's reference to
the issue because, even if half the value [of NAS property] must be
paid, it would cause prolonged unemployment in Alameda.
President Withrow agreed and stated the market value would be set
on the most expensive application; and that is what has brought
most conversions to a halt.
Councilmember Lucas stated the approach is totally unrealistic.
Vice Mayor Roth stated the City's BRAG Committee is already
beginning to function.
Issues Related to UCSF
93-592 Oral Report by Community Development Director on UCSF
Workshop, September 20, 1993 on Long-Range Development Plan and
Potential Expansion in the City of Alameda.
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B,
Neil Patrick Sweeney, Alameda, commented on the September 20, 1993,
forum on Bay Farm Island at which UCSF representatives gave
presentations.
The Community Development Director summarized UCSF presentations at
their September 20th Workshop; and stated the next meeting will be
held September 29th at Edison School.
In response to Councilmember Appezzato, the Community Development
Director stated the UCSF group discussed short term strategy
related to 150,000 square feet; long -term strategy would not be
presented until late 1994 or early 1995.
Councilmember Appezzato inquired if the EIR would be full - blown, to
which the Community Development Director responded affirmatively.
Councilmember Appezzato stated he is encouraged that UCSF will do
an EIR; presumes whatever impacts UCSF will have on Alameda will be
offset by in -lieu fees so citizens would not be burdened by
increased taxes to pay for services required by UCSF; they will try
to address the issue on the 29th; he has sent a letter that the
cost to taxpayers of Alameda is his first priority.
The Community Development Director stated the City is trying to get
to the point where Alameda is chosen for further study, as UCSF has
ten sites [under consideration]; the Planner in charge of long -
range development program said plans exist to off -set service
costs, they acknowledge they do not pay property tax directly, they
generate direct and indirect economic benefit and negotiate in -lieu
fee agreements; would like CEQA process completed to be certain
they are able to mitigate impacts shown in that process, they use
the technique of in -lieu agreements, and pay, or contract, directly
with City agencies to provide services.
President Withrow stated, for the record, he would not agree the
issue of in -lieu fees is the most important priority or issue; the
most important issue facing the City is of much greater magnitude
and that is to get our economy moving and revenue flowing; having
UCSF, its prestige, potentially 13,000 jobs, and secondary economic
activity would be beneficial; only 25 cents out of every dollar of
property tax remains with the City.
Councilmember Lucas stated she shares the Mayor's concern; property
values, both commercial and residential, have gone down, if a major
employer comes into the City, other employers will be attracted
too; at this point, payment of property taxes is a secondary value;
believes every citizen in Alameda wants to have a job first, and
that must be a first concern.
Vice Mayor Roth stated he concurs with Councilmember Lucas and
President Withrow; noted possibility of 6000 employees; property
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September 21, 1993
tax is insignificant because most of it goes to County and State;
UCSF more than makes up in other ways: as a magnet for businesses,
in partnership with local schools, by allowing use of their
facilities by local residents; and he would encourage Council go
after in-lieu fees.
Councilmember Appezzato stated he will not support an increased tax
burden on citizens; he expects UCSF to pay their way and intends to
address increased taxes that may accrue; if UCSF does not come
forward with in-lieu payments.
Councilman Arnerich stated he believes the City needs a magnet and
UCSF is possibly the magnet; the City cannot continue losing money
by leaving the business park idle; believes Council is in
agreement; Mr. Appezzato's point is well taken; Council should not
overlook any revenue for the City.
President Withrow stated what is important is that UCSF has a
positive impact on Alameda; Council is aooking for a win/win
situation; where UCSF wins, and the City wins.
Councilmember Lucas stated she would not support anything where the
citizens would have to make up the difference.
President Withrow stated no one on Council would vote to support
any kind of activity where residents would need to pick up the tab.
Councilman Arnerich concurred.
93-593 Appeal of Planning Board's deteriuination that a Variance
application to allow a second unit in an accessory structure
located in the rear yard for property located at 1221 College
Avenue is a use variance and thus cannot be processed because
Alameda Municipal Code prohibits use variances. Alexander Bannon,
Applicant/Appellant.
Resolution No. 12457 "Denying the Appeal and
Upholding the Planning Board's Determination that Variance V-93-16
is a Use Variance Which Cannot be Processed Because Use Variances
are Prohibited by Alameda Municipal Code."
The Planning Director explained the background of the matter; she
stated the Planning Board determined the rear structure to be a
detached structure; and that Alameda's Municipal Code complies with
the State requirements for second units.
Councilmember Lucas discussed, with the Planning Director, parking,
zoning, and second unit requirements.
Councilmember Appezzato clarified with the Planning Director that
the Appeal is based on two premises: 1) that the accessory
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structure is an integral part of the house because of the deck, and
2) the second unit ordinance is not legal. Councilmember Appezzato
further stated he walked the property and, unless convinced
otherwise, he concurs that the deck is not an attachment to the
accessory building which makes the entire main house and accessory
building one.
Alexander Bannon, Alameda, Appellant, defined an accessory
structure, discussed the Planning Board's argument, including
letter denying his Application concerning e.g., setback
requirements, downstairs unit; and he hopes for action from
Council.
Vice Mayor Roth discussed with Mr. Bannon the matter of whether the
structure in the rear of the main building is an accessory
building; and the deck.
Councilman Arnerich stated he believed Appellant is not conforming
with setback requirements.
Mr. Bannon commented that the structure is not a part of the main
building, that it is not a detached subordinate structure; it is an
attached subordinate structure.
Councilman Arnerich requested the Planning Director to respond to
some of statements made by the Appellant.
The Planning Director referred to Page 17, of attachments to Staff
Report [dated 9/10/93], containing excerpts from the Alameda
Municipal Code; stated Code Section 30-4.1(c)(5)(a) indicates that
a second accessory dwelling unit may be permitted in the R-1
District, subject to a Use Permit and subject to Findings, and
states that "conversion of an existing accessory structure or
construction of a new detached dwelling unit is not allowed."
Mr. Bannon replied it [the second unit] is not accessory; it is an
attached subordinate unit and so it does not fall within the
definition of accessory.
President Withrow stated the basic issue is: Does the deck,
attached to the two buildings with nails, make the two buildings
attached, or not.
Vice Mayor Roth and Planning Director discussed State and City
legislation concerning second units.
Mr. Bannon stated he sees no basis for Second Unit Ordinance [as it
relates to Accessory Structures] other than to exclude people for
making second units.
Bruce McGregor, President, Planning Board, stated the Board denied
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the Appeal unanimously; the Zoning Ordinance permits second units,
however, it does not allow conversion of a detached structure;
discussed the State statute and City Zoning Ordinance; stated the
Planning Board found the City has complied with State statute, and
has a good Zoning Ordinance dealing with second units, this
Application does not meet requirements for a second unit, denied
the Appeal and requested Council do the same.
Terence Laubach, Alameda, stated he is Mr. Bannon's neighbor and is
present to state opposition to the building of a structure in the
[Bannon] back yard on the basis of his concerns that it will be
disruptive and add to the density of the neighborhood.
President Withrow stated the public portion of the Appeal is
closed.
Vice Mayor Roth moved to deny the Appeal and uphold the Planning
Board. Councilmember Lucas seconded the motion.
Councilmember Lucas stated she was on Council when the ordinance
was passed and is glad it is working out to protect R-1
neighborhoods.
Councilman Arnerich stated Councilmembers who have viewed the
neighborhood, and read the entire report, have no choice but to
uphold the Planning Board.
The motion carried by unanimous voice vote - 5.
* * * * *
President Withrow stated Council would recess and reconvene at
9:25.
* * * * *
93-594 Report from Community Development Director recommending
approval of HOME Contract for Housing for the Developmentally
Disabled.
Susan Garbuio, Executive Director, Bay Area Community Services,
Oakland, described services BACS provide.
Councilmember Lucas discussed landscape maintenance with Ms.
Garbuio.
Councilmember Appezzato stated he appreciates what BACS does and
supports their program.
Councilman Arnerich discussed funding of a first loan with the
Community Development Director and stated he would like to keep the
monies with the business institutions in Alameda, giving them first
priority provided they meet all the criteria.
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In response to Councilmember Lucas, the Community Development
Director stated the Federal clause on landscaping can be included
in the Contract.
Councilman Arnerich moved the recommendation, and directed the
inclusion of property standards in contract. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 5.
93-595 Consideration/Action to dissolve the Finance Committee.
Noel Folsom, Alameda, thanked staff, and Councilmembers Appezzato
and Arnerich, for their support; stated some Committee members
expressed some concern about communication, and hopes Council will
review the process.
Councilman Arnerich stated there is no rush to abandon the
Committee; at this economic time, several people could be
appointed; he would implore Council to rethink the matter and
extend the Committee for another year or two, and use their
expertise.
Councilmember Appezzato stated he supports continuation of the
Finance Committee; if Council sets the goals, volunteers could
provide a valuable service.
Councilman Arnerich moved the Finance Committee be continued one
more year with members to be replaced by their respective
representatives on the Council. Councilmember Appezzato seconded
the motion which failed by the following voice vote: Ayes:
Councilmembers Appezzato and Arnerich - 2. Nayes: Councilmembers
Lucas, Roth and President Withrow - 3. Absent: None.
Councilmember Lucas moved to dissolve the Committee. Vice Mayor
Roth stated when the Committee was proposed, the time was right;
the need was not ongoing, in the future the Committee can be
reformed for a specific need; and seconded the motion.
President Withrow stated a number of Committee Members have done
a great service to the City; in terms of current focus, the City
needs to concentrate and utilize the talent of current members in
other areas.
The motion carried by the following voice vote: Ayes:
Councilmembers Lucas, Roth and President Withrow - 3. Nayes:
Councilmembers Appezzato and Arnerich - 2. Absent: None.
93-596 Ordinance No. 2640. 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." Adopted.
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Councilmember Lucas moved final passage. Vice Mayor Roth seconded
the motion which carried by unanimous voice vote - 5.
93-597 Ordinance No. 2641. 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 or 1% of Fixed Assets."
Adopted.
Anthony Shomon, Public Utilities Board (PUB), stated a payment in-
lieu-of-tax would be tax on the Bureau of Electricity and lead to
either increased rates or decreased services to all rate payers;
requested the City Council to consider increasing the Utility Users
Tax; and explained impacts that a payment in-lieu-of-tax would have
on the Bureau.
Vice Mayor Roth stated he is asking the Public Utilities Board
(PUB) to share in the responsibility of budget savings.
President Withrow stated they are requesting the PUB to reduce
costs, in the general area, by three percent; and that the City,
exclusive of the Bureau, has brought down costs of general
government by sixteen percent.
Councilmember Appezzato stated he commends the PUB for the work
they are doing; he is not enamored with the PILOT, and would prefer
to enact the Utility Tax across the board; and he is torn between
a 1% tax now, and the PILOT which may force some cost cutting.
Councilmember Lucas stated she respects the PUB's recommendation;
and an across-the-board Utility Tax increase to 6%, leaves an
option to the consumer to plan for some cut backs in some areas.
Mayor Withrow stated he truly believes the PUB can squeeze another
three percent out of the cost structure.
Bill McCall, PUB Member, stated he believes the Bureau trys to save
as much money as the City does; PUB needs to operate a business; he
sits on the Board for the protection of the ratepayer and taxpayer;
and requests the Council to go with the half percent [utility tax]
increase across the board.
Councilman Arnerich stated he believes both the Bureau of
Electricity and the City can reduce costs, e.g. pool cars; he
cannot go for the PILOT Program in its present fona, nor is he sure
he can support an increase of a half percent across the board; and
believes City should look at alternate means of financing.
Vice Mayor Roth stated if Council does not pass ordinance, they
will have to revisit the budget.
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September 21, 1993
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Councilmember Lucas stated the presentation by the PUB changed her
mind, and offered a compromise: Council raise the tax on electrical
bills by a half of a percent and require internal savings in the
Bureau to provide the remainder of the needed funds.
The City Attorney noted the PUB has the sole authority to set
rates.
Vice Mayor Roth stated he believes all utilities should be charged
the same tax.
Councilman Arnerich stated perhaps the other Enterprise Funds
should try to come up with savings in house.
Councilmember Appezzato stated he believes the PUB has some
legitimate concerns; he cannot support raising utility rates across
the board at this time; and he does not believe the economy iS
going to turn around in the near future.
President Withrow stated this is not the time to be raising taxes
nor rates, and suggested an impact report be prepared showing which
Bureau services could be cut back.
The City Manager noted the Bureau did provide, in their letter,
information on various feasible options; and that this issue pales
to the problems the Bureau will face due to closure of the Naval
Air Station.
Vice Mayor Roth moved final passage of the ordinance.
Councilmember Appezzato seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Appezzato, Lucas, Roth
and President Withrow - 4. Nayes: Councilman Arnerich - 1.
Absent: None.
93-598 Ordinance No. 2642. 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.
Councilmember Lucas moved final passage. Vice Mayor Roth seconded
the motion.
In response to Councilman Arnerich and President Withrow, the City
Manager explained that the wording in Section 4-2.5, "except as may
be authorized by the City, no person shall have in his or her
possession any graffiti implement while...;" would allow the City
to define items which would be permissable.
The City Attorney stated if Council approves that authorization,
the language, as written is sufficient.
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The motion was carried by unanimous voice vote - 5.
93-599 Written Communication from Michael A. Grappo, Alameda,
concerning Business License Fee imposed on renewal of Business
License for 2325 Santa Clara Avenue.
Mr. Grappo, Alameda, stated he is not requesting a refund on his
tax; he is asking the Council to correct discrimination in minimum
tax portion of the law; there is a large source of revenue which
has escaped taxation; and taxes are not paid on rental single units
nor single residential homes, although they receive the benefit of
City services. Mr. Grappo reviewed the City of Oakland's tax rates.
* * * * *
Vice Mayor Roth moved the Council Meeting be extended to 11:15
p.m.; Councilmember Lucas seconded the motion, which carried by
unanimous voice vote - 5.
* * * * *
President Withrow expressed dissatisfaction with the minimum
business license fee.
Councilmember Appezzato moved the City Manager report back to
Council on: 1) changing the (Business License] Ordinance to a gross
receipts-fee structure, and 2) what it means in relation to how the
City does it now.
Mr. Grappo stated he would like the City Manager to come up with
figures showing the number of units available and what the revenue
would be, if implemented along the lines of his suggestions.
Vice Mayor Roth seconded the motion.
Following Council discussion, the City Manager clarified that the
Council wants a comparison of what a gross receipt tax basis would
provide in revenue for multiple units, information on single-family
dwellings, and a comparison to other cities' rates.
The motion carried by unanimous voice vote - 5.
NEW BUSINESS AND UNFINISHED BUSINESS
93-600 Councilman Arnerich requested an update regarding parking
on Veterans Court; he stated it appears to be a used car lot; and
he would like to know how many citations have been issued.
93-601 Councilmember Lucas requested a report on the Dragon
Disco on Webster Street be agendized for the second Council Meeting
in October.
93-602 Councilman Arnerich stated the Littlejohn Park Dedication
on Saturday, September 18, was outstanding, and a letter of
appreciation should be sent to the Recreation Department.
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President Withrow stated the letter should be sent on behalf of the
City Council; and the event was a proud moment in the City of
Alameda.
ADJOURNMENT
The meeting was adjourned by President Withrow at 11:09 p.m.
Re pectfully submitted,
Joe -
Diane B. Fe sc C C
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
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September 21, 1993