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1993-11-16 Regular CC Minutes4 MINUTES OF REGULAR MEETING OF THE ALAMEDA CITY COUNCIL NOVEMBER 16. 1993 The meeting convened at 7:30 p.m. with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Appezzato. Reverend Zuikei Taniguchi, Buddhist Temple of Alameda, gave the invocation. ROLL CALL: Present: CouncilmembersAppezzato, Arnerich, Roth, and President Withrow - 4. Absent: Councilmember Lucas - 1. ANNOUNCEMENTS OF CLOSED SESSION ACTIONS, 93-689 Mayor Withrow announced Council adjourned at 7:05 p.m., to Closed Session to consider: Initiation of Litiaation, pursuant to Government Code Subsection (c) of Government Code Section 54956.9: no action was taken. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY. 93-690 Toyota. Mayor Withrow presented the Certificate to Mr. Len Goode, who expressed appreciation. 93-691 Proclamation declaring December 1, 1993, as World Aids Day. Mayor Withrow read the proclamation and presented it to Cindy Acker who accepted with words of appreciation. Presentation of Certificate of Appreciation to Ron Goode CONSENT CALENDAR At the request of a citizen, (93-703) Bills for ratification, was removed from the Consent Calendar for discussion. Vice Mayor Roth moved approval of the remainder of the Consent Calendar, and Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. *93-692 Minutes of the Regular Council Meeting of November 3, 1993. Approved *93-693 Report from Public Works Director Recommending Award of Contract to A.A.S., Inc. for Landscape Improvements, Parking Lots "A", "C", and Parking Lot "A" Courtyard, No. P.W. 1-91-1. Accepted. November 16, 1993 4o *93-694 Report from Public Works Director Requesting Authorization for the Mayor to Send a Letter to Caltrans Requesting Improvement of the Access Between 1-880 and State Route 260. Accepted. *93-695 Report from Public Works Director Recommending Acceptance of the Work by Gateway Landscape Construction for Accessibility Upgrades to Buena Vista and McKinley Parks, No. P.W. 11-92-17. Accepted. *93-696 Report from Public Works Director Recommending that the City's Amnesty Program for Determining the Number of Legal Dwelling Units in a Structure be Extended Through July 1, 1997. Accepted. *93-697 Report from Finance Director transmitting Investment Portfolio for period ending October 31, 1993. Accepted. *93-698 Resolution No. 12467 "Adopting the City of Alameda Non-Disposal Facility Element (Listing of Recycling Facilities that Might be Used by the City to Meet the Diversion Goals of the Integrated Waste Management Act of 1989)." Adopted. *93-699 Resolution No. 12468 "Authorizing the Public Works Director to Execute a Grant Contract with the California Department of Forestry and Fire Protection for Planting Street Trees." Adopted. *93-700 Resolution No. 12469 "Resolution of the City Council of the City of Alameda Approving the Refinancing of Multifamily Housing Projects by the Housing Authority of the City of Alameda." Adopted. *93-701 Resolution No. 12470 "Guaranteeing Matching Funds for Bike Lane Account Projects." Adopted. *93-702 Resolution No. 12471. "Establishing Free Three-Hour Parking for Park Street Business District Meters on December 4, 1993, HomeTown Holidays." Adopted. 93-703 Bills for ratification. Don Roberts, Alameda, inquired about a payment to Bertram, Fox & Elliot in the amount of $34,892.47, Loss Reserves. The City Manager explained payment was for legal fees, as directed by the City Attorney, for an outside law firm to handle litigation. Vice Mayor Roth moved ratification of Bills [in the amount of $1,520,889.16]. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 4. [Absent: Councilmember Lucas -1] November 16, 1993 4f'C REGULAR AGENDA Actions Related to Base Conversion Process 93-704 Status Briefing on Base Conversion Process. Project Manager Don Parker noted that the Defense Authorization Bill passed, in federal Senate and House of Representatives, which provides rules concerning base closure process; meetings to be held with Coast Guard concerning their interest in the Base, and with the Department of Interior; and interests of McClellan Air Force Base in the painting and gun-testing facilities, and Naval Weapons, Concord, in leasing directly from City of Alameda. Concerning BRAG Human Impact and Resources Subcommittee, the Project Manager related he met with organizations, e.g., Xanthos, Social Service Human Relations Board, for input; he proposed Council consider at its next meeting, a suggested mission and task description, a Chair, and the makeup of theSubcommittee; and noted a majority of the BRAG, at its last meeting voted to specify how continuing membership can occur within the Subcommittees, and that membership can occur within the Subcommittees, and that membership be partially closed as of January 15th with certain exceptions. The Project Manager also reported on involvement of City staff gathering and analyzing data to be put into a useable form for the BRAG; the budget will be refined and resubmitted to Council; and meetings will be held with other bases to learn from their experience, and to share information. 93-705 Resolution No. 12472 "Appointing C. Courtney Knight as Member of the Planning Board." Adopted. Councilman Arnerich moved adoption of resolution. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 4. The Deputy City Clerk administered the Oath of Office. 93-706 Resolution No. 12473 "Appointing Thomas L. Lew as Member of the Social Service Human Relations Board." Adopted. Vice Mayor Roth moved adoption of the resolution. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 4. The Deputy City Clerk administered the Oath of Office. 93-707 Public Hearing to consider Declaring Sources of Infiltration and Inflow from Storm Water on Private Property Located in the Sanitary Sewer Basin 93A, to be a Public Nuisance; Resolution No. 12474 "Declaring Sources of Infiltration and Inflow from Storm Water on Private Property Located in the Sanitary Sewer Basin 93A to be a Public Nuisance; Ordering the Abatement of Said November 16, 1993 407 Nuisances, and Authorizing the City Engineer to Take the Necessary Action to Correct Same." Adopted. Enrique Zamora, San Ramon, stated he is responding to a Notice that his property at 1526 Bay Street is considered a public nuisance; that he was not informed of the problem on the property, was not present when a test was conducted; and requests that another test be made, he be present, and the City pay for the test; if it reveals repairs should be made, he will make them; however, requests Council postpone a decision on declaring it a public nuisance until the test is made. In response to Vice Mayor Roth, Mr. Zamora stated he had not previously received notice; Mr. Martinez, a co-owner who had lived in the house, received a letter concerning public nuisance, but the Notice had not been received. Robert Martinez, Alameda, stated his name is on the title, however, he is in bankruptcy and the trustee is holding the title; is not now living in the house and he did not receive any notice until recent notification [concerning abatement of public nuisance]. Responding to Councilman Arnerich, the Public Works Director gave an overview of the entire program, and the process that has been followed; explained changes to be made in list of properties reflected on Resolution Attachment "A" and suggested Council direct staff to work closely with Mr. Zamora to find the easiest way to make necessary repair [on his property]. Replying to President Withrow, the Public Works Director confirmed the first notices were sent out about one and one-half years ago. Mr. Zamora stated a Public Works secretary informed him that the first notice went to a different address, and that one of the letters to Mr. Martinez was returned. Vice Mayor Roth clarified that Mr. Zamora will still have the opportunity to do the repair work and staff will work with him. Mr. Zamora stated the expenditure may be very expensive; he would like a test made that will verify that the work needs to be done. Councilmember Appezzato stated 43 properties needed correction, 33 have been corrected; if Mr. Zamora's property is left on the list and he can prove, by other tests, that the City is in error, no one will force him to go through the expense of repairing it; he is simply on notice that if repair is not done and owners do not work with the Public Works Department, the City, because it is a public nuisance, can take action on its own; and he will support this. Following discussion on testing and reimbursement to Mr. Zamora, Councilman Arnerich stated he cannot support reimbursement for an independent test; that the Public Works Director handles testing and is fair and equitable to all. November 16, 1993 Vice Mayor Roth, following brief discussion on types of testing, moved the recommendation [that Council, by resolution, order the City Engineer to abate, or cause to be abated, such public nuisance, and that he or his representatives are authorized to enter upon private property for that purpose]. The Public Works Director stated 1305 Pacific needs a further inspection and may be removed from the list; and recommends Council deny the Appeals from 1526 Bay Street, 1121 Morton, 1305 Pacific, remove 1711 Sherman and 1532 Stanton Streets, and adopt the resolution. Councilman Arnerich seconded the motion. Councilmember Appezzato stated if Mr. Zamora and Mr. Martinez are able to indicate their property is not a public nuisance, without City reimbursement, no further action will be taken by the City. The motion carried by unanimous voice vote - 4. 93-708 Public Hearing to consider Introduction of Ordinance Amending the Alameda Municipal Code by Deleting Subsections 30- 4.13(L), 30-21.13, 30-22.3, 30-25.4 and 30-37.4 of Article I (Zoning Districts and Regulations) and Subsection 30-78.3 (B) of Article VI (Real Estate and Subdivision Regulations) and Amending Subsections 30-14.6 and 30-26 of Article I (Zoning Districts and Regulations) Chapter XXX (Development Regulations) Relating to Fees. The Planning Director explained the ordinance is a housekeeping matter; on August 19th, a Master Fee Resolution was adopted which changed a number of planning fees to a flat rate; no mechanism exists, other than coming before the Planning Board, to have the unexpended portion of a fee returned, and that was the primary purpose of the ordinance; also the Alameda Municipal Code has been cleaned up by placing all the fee references in a single section, Chapter XXX, and administrative procedures with respect to fee submittals, waivers and reductions, are provided. Bruce McGregor, President, Planning Board, commended Planning Director and staff, on the new simplified fee schedule; discussed language of administrative procedures; stated Planning Board unanimously adopted the proposed language and requests Council do the same. Vice Mayor Roth stated he has a problem with the Planning Board waiving fees; if Board wants a fee waived, it should make a recommendation to Council as he would rather not delegate that responsibility. Councilmembers Appezzato and Arnerich concurred. Councilman Arnerich moved to accept the recommendation of staff [to introduce ordinance to amend the Alameda Municipal Code] and directed that the Planning Board make recommendations to the City Council regarding waiver of fees. Vice Mayor Roth seconded the November 16, 1993 4n9 motion. The Planning Director clarified the process [for waiving fees] would take at least a month and require both bodies [Planning Board and Council] to act upon a fee waiver. Councilmember Appezzato stated, to reduce the process from being cumbersome, he has no problem with having the fee waiver come directly to Council. Councilman Arnerich stated he will stand by his motion that the Planning Board make recommendations to Council to waive, or not waive, fees; and Council take the final action. The motion was carried by unanimous voice vote - 4. * * * * Council recessed and reconvened at 8:59 p.m. * * * * 93-709 Public Hearing to consider Amending the Alameda Municipal Code by Amending Subsection 30-2 (Definitions) Article I (Zoning Districts and Regulations), Chapter XXX (Development Regulations), pertaining to Home Occupations to allow, either by right or by Use Permit, certain retail sales where required by federal or state law; and Introduction of Ordinance "Amending the Alameda Municipal Code by Amending Subsection 30-2 (Definitions), Article I (Zoning Districts and Regulations) Chapter XXX (Development Regulations) Thereof, pertaining to Home Occupations." Not introduced. The Planning Director reviewed the matter, noting what the Planning Board considered was basically three options: 1) make no changes to the Alameda Municipal Code which would mean that this retail activity would remain prohibited with residential areas; 2) modify the Code to permit retail sales where they are required to occur on the property by a federal or state law, or 3) allow them to be subject to a Use Permit requirement; and Planning Board recommended no changes in the Home Occupation provisions, and that Council direct staff to observe a 12-month amnesty period before pursuing enforcement requiring any existing gun dealers to terminate their business from their home. The following proponents of ordinance amendment, to allow certain retail sales, addressed Council: Chris Gaskill, Alameda. James Frasor Paige, Alameda. Jeffrey Marienthal, Alameda. Lt. Col. Fielding Greaves, Marin County, representing NRA (National Rifle Association). Andre Mirek, Alameda. Kevin Nelson, Fremont. Andrew Murray, Alameda. Kent Figone, Alameda. November 16, 1993 4i0 Sharon Dunlap, Alameda. Richard Kemp, Alameda. James Star, Concord. Richard Wood, Pleasanton. Jack Seely Jr., Alameda, Jeffrey Mauerman, Alameda. Norman Lynds, Alameda. Manuel Masters, Alameda. Hester Peterson, Alameda. Robert Peterson, Alameda. Paul Caulkett, Alameda. Robin Figone, Alameda. The following opponents of amending the ordinance addressed Council: Lynn Groh, Alameda, League of Women Voters. James W. Sweeney, Alameda. Bruce McGregor, President, Planning Board.. President Withrow closed the public portion of the meeting. The Acting Chief of Police responded to various questions posed by Vice Mayor Roth concerning Federal Firearms Licenses, Collector's licenses, and noted the Police Department's role is regulating operations. In response to Vice Mayor Roth, the Planning Director explained the Home Occupation Permit process. Councilmember Appezzato stated most of his questions have been answered; moved to support the Planning Board recommendation to not amend Home Occupation regulations; and direct staff to grant a 12-month amnesty. Councilman Arnerich stated a great problem exists with guns; the dealers present have made valid points, however, guns are dangerous, people are becoming concerned; he would like to see the dealers move into a commercial area; therefore, he will support the Planning Board recommendation. President Withrow stated he will support the Planning Board recommendation based on the issue of not allowing retail sales out of residential areas, and in support of growing concern in the country, despite the fact that he grew up with guns and spent 24 years in the military and supports the rights of people to bear arms. Councilman Arnerich seconded Councilmember Appezzato's motion. Vice Mayor Roth stated he likes the second option, to utilize Use Permits and allow each neighborhood to make the determination. The motion was carried by the following voice vote: Ayes: November 16, 1993 Councilmembers Appezzato, Arnerich, and President Withrow - 3. Noes: Vice Mayor Roth - 1. Absent: Councilmember Lucas - 1. 93-710 Report from Finance Director on Business License Fees - Rental Residential Units (Multiple and Single Family detached and attached units) and amending and/or adding various sections to the Business License Ordinance Designed to Enhance Enforcement. Doris Chow, Alameda, noted that rents have fallen and taxes have risen; rentals do not always make money; it is time for the City to cut down expenditures and tighten belts. Harold Greigo, Alameda, stated he cannot see paying high fees for rentals and he strongly opposes the proposal. John Barni, Sr. Alameda, stated he strongly opposes any increases to taxes on units; suggests out of City businesses be required to have decal on vehicle to show [business] licenses have been paid, because some operate without licenses e.g., gardeners; suggested City reactivate that procedure; and urged Council not increase taxes. James Shanafelt, Alameda, stated he likes the idea of decals; does not mind paying $96 or even $200; he is concerned that some persons operate without licenses and that is not fair. Vice Mayor Roth stated when the subject was to come back, it was to be made fair; he concluded that about $2.50 per one thousand would keep fee at $20.00 rate, some units with lower rents than $700 a month would reduce costs and some would go up slightly; if applied to single family units, payment based on gross revenue would be a proportionate share of income; and he would support that. The City Manager reviewed Mr. Grappo's suggestions submitted at the 9/21/93 Council Meeting; stated Vice Mayor Roth is correct that a figure between $2.50 and $3.00 per $1000 would produce the same amount of revenue to the City and cost the property owner the same amount for a rent of between $600 and $700 per month; if Council wishes to change the process to gross receipts basis, the direction to give staff would be to come back with an ordinance that approximates the current revenues received at the current rate of $20 per unit for an average of $600 to $700 per month; also, he explained proposed enforcement of business license requirements on advertisers in the local newspapers. Councilmember Appezzato stated the major reason for this matter coming back to Council is to discuss whether the City should continue with a fixed rate or gross receipts [basis]; he is not prepared to raise taxes on residential units at this time; Council agreed not to do that a month or so ago; however, Council was going to discuss gross receipts versus fixed rate; he personally likes the gross receipts rate; he believes it is much fairer; if the economy goes bad, then the rates paid by resident owners will go down, and if the economy improves, then the rates will go up November 16, 1993 41 accordingly; and moved staff to report back to Council with a rate that closely approximates what residents are currently paying in this category [rental units]. Vice Mayor Roth seconded the motion. In response to the City Manager, Councilmember Appezzato stated he was including [in his motion] the Minimum Fee and Miscellaneous Items [outlined in the Staff Report]. The motion carried by unanimous voice vote - 4. [Absent: Councilmember Lucas - 1.] 93-711 Report from Personnel Director concerning Police Facilitator Position. Lawrence VanHook, Alameda, stated - after reading staff recommendation for a part-time facilitator, he believes it is a good idea and inquired if proposal refers to one or more persons. The City Manager stated intent is to hire part-time facilitator when need arises; the desire is to not limit to one person if more than one is needed. Mr. VanHook suggested looking to grants for funds; stated the issue is an African-American issue; and hopefully the facilitator will be sensitive to it. Councilmember Appezzato moved acceptance of staff recommendation. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 4. [Absent: Councilmember Lucas - 1.] 93-712 Ordinance No. , N.S. "Amending the Alameda Municipal Code by Adding Article III (Permit Parking), Section 12-17 (Preferential Parking Zones), to Chapter XII (Designated Parking) Establishing Preferential Permit Parking on Certain Streets;" and Resolution No. "Amending Master Fee Resolution No. 12191 to Establish Preferential Permit Parking Fees." Mayor Withrow noted this item was not published in an appropriate timeframe, and Council will hear testimony but not take action. George Musso, 1378 So. Livermore, suggested Council expand the Permit Parking into additional areas, including Caroline Station area; and perhaps add provision in the ordinance for exceptions for specific cases. John Patrick Kelleher, Alameda, stated his home is a cottage with no parking, he favors parking permit for a fee of $40 per year to park in front of his home; thanked staff for consideration. Councilman Arnerich stated program will be only on a trial basis in the Shoreline area; if it works well, it may be used elsewhere. Jon Rodgers, Alameda, stated he is not in favor of $40 a year when November 16, 1993 12 he has off-street parking. President Withrow noted an agreement of 50% of residents in an area is required. * * * * Councilman Arnerich moved the meeting continue past 11:00 p.m. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 4. * * * * Councilman Arnerich moved to accept the report. Vice Mayor Roth noted no action can be taken other than to continue the matter. Councilmember Appezzato moved the matter-be continued to the next regular meeting. Vice Mayor Roth stated the City could issue permits exempting persons from two-hour parking limit and he would like that brought back to Council in the future. By consensus, Council continued the matter to December 7, 1993, Council Meeting. 93-713 Written Communication from Mr. & Mrs. Constantino Santos and Family, Alameda, requesting Council consider making Alameda non-smoking laws more restrictive. James P. Hanecak, Alameda, stated he is opposed to making non- smoking laws more restrictive. Councilman Arnerich moved acceptance of the written communication; noted the current smoking ordinance has been working very well, businesses are satisfied and there is no reason to change it. Vice Mayor Roth seconded the motion; and stated the State may soon pass laws that will pre-empt the cities in order to have consistency. The motion carried by unanimous voice vote - 4. [Absent: Councilmember Lucas - 1.] ORAL COMMUNICATIONS 93-714 Gordon Christopherson, Alameda, stated his concern regarding a building permit issued to Michael Calpestri at 2801-03 Marina Drive, and cited various complaints concerning the City's handling of the matter. 93-715 John Scott Graham, Alameda, outlined his reasons for opposing the North American Free Trade Agreement (NAFTA). November 16, 1993 4: NEW BUSINESS AND UNFINISHED BUSINESS 93-716 Councilman Arnerich stated, in a number of areas in town, e.g., Fernside Blvd., persons are using driveways and streets for automobiles, "hedgehop" the cars, moving them frequently; one household has eight or nine automobiles; and requested the City Manager, City Attorney and Police Chief inform Council of legal procedures that may be used, particularly for the person who may be using the situation as a dealership. 93-717 Councilman Arnerich requested stringent action, as taken on Fernside Boulevard, regarding the dangerous [traffic] situation at Broadway and San Jose, and staff impress upon Caltrans that an emergency exists; and noted the longest area on Broadway without a stop sign is between Encinal and Otis. ADJOURNMENT President Withrow adjourned the meeting at 11:15 p.m. Repectfu11y submitted, DI NE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. November 16, 1993