Loading...
1992-07-21 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL JULY 21. 1992 The meeting convened at 7:38 p.m., (following the Community Improvement Commission Meeting) with President Withrow presiding. Councilman Arnerich led the Pledge of Allegiance and Reverend Wilfred H. Hodgkin gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. Absent: None. ANNOUNCEMENT OF CLOSED SESSION ACTIONS Mayor Withrow announced that Council met at 7:05 p.m., in Closed Session to consider: 92-525 Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Mayor Withrow stated no action was taken. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 92-526 Mayor Withrow commended Councilmembers Camicia and Roth for participating as entries in the Fourth of July Parade, and congratulated them for winning second prize for pedicab entry [non- motorized division] and first prize for bicycle [non-motorized bicycles, singles division] entry, respectively. CONSENT CALENDAR At the request of citizens, the Mayor announced reports 92-533 on contract for Minor Street Patching, 92-534 Investments, and Resolutions 92-535 concerning park lands, 92-536 Countywide Bicycle/Pedestrian Advisory Committee, and 92-537 regarding authorizing destruction of certain City Clerk Department Obsolete Records. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *92-527 Minutes of the Regular Council Meetings of June 16, and July 7, 1992, and Special Council Meetings of June 4, and (2) June 9, 1992. Approved. *92-528 Report from Public Works Director recommending award of contract to Oakland Fence Co., Inc., for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter, and Driveway for Fiscal Year ending June 30, 1993, No. P.W. 4-92-11. Accepted, July 21, 1992 *92 -529 Report from Public Works Director recommending acceptance of work by Gateway Landscape Construction for Installation of House Laterals from the Street Main to the Property Line for the Fiscal Year ending June 30, 1992, No. P.W. 5 -91 -8. Accepted. *92 -530 Report from Personnel Director regarding PERS Contract Amendment to Allow 2% at 55 Formula for Miscellaneous Employees. Accepted. *92 -531 Resolution No. 12290 "Appointing a Representative and Alternate to the Alameda County Waste Management Authority. "Adopted *92 -532 Bills, certified as correct by the City Manager, were ratified in the amount of $767,299.80. 92 -533 Report from Public Works Director recommending award of contract to EMSCO of San Francisco for Minor Street Patching with Asphalt Concrete for Fiscal Year ending June 30, 1993, No. P.W. 4- 92-10. Richard Collins, Alameda, discussed scope of work with Public Works Director. Councilmember Lucas moved acceptance of report. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. 92 -534 Report from Finance Director transmitting Investment Report for June 30, 1992. Charles Millman, Alameda, stated he would like to see two speakers on a subject given five minutes to address the Council, other speakers three minutes, and spokespersons ten minutes; Investment Portfolio Report should provide an explanation why certain funds are restricted for specified purposes; City is in violation of State law using Mello -Roos funds for speculative purposes, e.g. Linoaks Project; and report of June 23, 1992, should provide explanation how balance of funds will be used. Councilmember Roth noted the budget specifies special funds, including taxes and items approved by the voters, and funds must be reserved [for specific purposes. Councilman Arnerich suggested Mr. Millman meet with City Manager and staff to discuss concerns; stated he would like on record the statement on page 3 of the Report that "The State of California mandate to provide detailed monthly report was 'sunsetted' in January, 1991. Staff, however, feels that it is prudent to continue with past practice of providing details on the attached monthly report...," and believes Council should receive monthly reports. Councilman Arnerich moved acceptance of the report of the Investment portfolio as of June 30, 1992. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. July 21, 1992 92-535 Resolution No. 12291 "Approving Application to the local Grant Program Under the EBRPD Regional Open Space, Wildlife, Shoreline, and Parks Bond Ordinance Phase II for the Following Project(s): Acquisition of Approximately Seven Acres of the Alameda Belt Line for Construction of a Linear Park (Land is Located on Atlantic Avenue between Main Street and Webster Street), Replacement of the Recreation Center at Krusi Park and Replacement of Playground Equipment at Leydecker and Godfrey Parks. John Scott Graham, Alameda, stated open space, along the estuary in the vicinity of the Stone Boat Yard, should be preserved. Councilman Arnerich moved adoption. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 92-536 Resolution No. 12292 "Approving the Creation of a Countywide Bicycle/Pedestrian Advisory Committee, the Request for Exemption to the State Transportation Control Measure Requiring the Formation of a City Bicycle/Pedestrian Advisory Committee, and the Appointment of a Representative to the Alameda County Pedestrian/Bicycle Advisory Committee in Lieu of the City Appointing and Staffing Its Own Bicycle/Pedestrian Advisory Committee. John Scott Graham, Alameda, suggested police technicians cite drivers who violate the rights-of-way of bicyclists. Councilmember Roth moved adoption. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 92-537 Resolution No. 12293 "Authorizing the Destruction of Certain City Clerk Department Obsolete Records." Councilmember Lucas moved adoption. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. AGENDA ITEMS 92-538 Resolution No. 12294 "Appointing Stephen P. Fee as Member of the City Planning Board." Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. Mayor Withrow commented on Mr. Fee's background, and Mr. Fee expressed appreciation for the opportunity to serve. The City Clerk administered the Oath of Office. 92-539 Resolution No. 12295 "Appointing Bruce J. McGregor as Member of the City Planning Board." Councilman Arnerich moved adoption. Councilmember Lucas seconded July 21, 1992 the motion which was carried by unanimous voice vote - 5. Mayor Withrow commented on Mr. McGregor's background, and Mr. McGregor thanked Council for the opportunity to serve the people of Alameda. The City Clerk administered the Oath of Office. 92-540 Appeal of a Planning Board partial approval of Variance, V- 91-327, for a porch and two-story addition to single-family residence at 2508 Crist Street. Applicant: Mariusz Lewandowski; Appellant: Councilmember Camicia. [Continued from May 19, 1992], and Resolution No. 12296 "Granting the Appeal of Variance V-91-327, at 2508 Crist Street. Christopher Kerosky, Alameda, noted changes Lewandowski agreed to make in response to Council's request that both sides compromise; he [Kerosky] suggested a garage in basement and a large room above. Councilmember Lucas raised questions about the grade to the garage. The Public Works Director explained concerns regarding the drop to the garage that may not be workable. Councilmember Lucas discussed the number of bedrooms in the house, and possible parking problems. The City Manager explained background of the matter, and that Mr. Lewandowski has been consistently informed since October 1991, that the bulk of the building is too great for the lot. Mr. Lewandowski described interaction with staff; and that he would not have started the project if it were not considered possible. Councilman Arnerich stated proposed reduced square footage is 2100 square feet; and discussed use of garage area with Mr. Lewandowski. Denise Shelton, Alameda, stated Mr. Lewandowski is reasonable, sensitive, and interested in making a workable plan agreeable to neighbors; and does not consider parking in the neighborhood a problem. Charles Heinz, Alameda, stated Mr. Lewandowski is looking to turn a profit while neighbors are planning to stay in the neighborhood; and believes the proposed house is too big for the property. Councilmember Camicia noted the proposed changes: reducing height and placing garage under living space; and requested Mr. Heinz's reaction if Council called for no second story. Mr. Heinz stated that would be agreeable to him but was tried a month ago. July 21, 1992 Matt Kilroy, Alameda, submitted photographs to Council to view height and other considerations; stated "we" would agree to a Variance allowing a structure no larger than our roofline on the garages. Councilmember Camicia stated if all opponents agree with Messrs. Heinz and Kilroy, he would like to work out a Condition where Mr. Kerosky's proposal is accepted with assumption that the parking will work; if it does not, Council would approve Appeal but the proposed living space [over garage] would contain only a garage. Councilmember Lucas discussed off-street parking with Mr. Kilroy who stated one off-street parking space is important. Christine Loors, Alameda, stated parking is an issue; supports the two immediately-impacted neighbors; believes that, without the compromise, the project is too large for the property. Tena Kilroy, Alameda, requested Council deny Appeal but in the alternative, grant the compromise already drafted and before Council. Tako Heinz, Alameda, submitted a letter his mother sent for Council's perusal [opposing addition to 2508 Crist Street which would decrease the sunshine and privacy to her rear yard]. The Planning Director explained the background of the Appeal. Councilman Arnerich stated the angle of the driveway would be roughly 37%-38% and he has a problem with that; he could agree to a two-story home with 1500-1600 square feet, but the proposal for 2300 square foot project is too large for the size of the lot. The Planning Director reviewed the proposal, believes the roof would be higher than the existing garage. Council and staff discusssed alternatives. Councilmember Roth stated he could not support proposed plan; many people have 3 bedrooms, 2 baths, dining and living rooms in 1300 to 1500 square feet; however, he has no problem with compromise, believes off-street parking should be provided and Building Codes must be met. Councilmember Camicia moved to uphold the Appeal of Planning Board partial approval of Variance 91-327, with Condition that the plans be modified to reduce square footage consistent with suggestion of Mr. Kerosky of eliminating the second story on the west side. If the below grade parking is not feasible, then the one-story described by Mr. Kerosky as living room or bedroom would be approved as a garage. Councilmember Lucas seconded the motion. Councilmember Roth discussed Code requirements regarding translucent windows, transom openings, reconfiguration of floor July 21, 1992 plans to ensure sleeping rooms provide windows enabling emergency escape or rescue. Councilmember Camicia stated all code requirements must be met. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow - 4. Noes: Councilman Arnerich - 1. Absent: None. 92-541 Report from Chair, Economic Development Commission, requesting an attendance policy appeal procedure. Robert Wood, Vice-Chair, Economic Development Commission (EDC), stated EDC has modified rules and procedures for attendance standards to comply with Council policy; and is present to reiterate report by Helen Sause, Chair, EDC, requesting Commission have ability to retain Appeal procedure and give flexibility to consider special circumstances because members work on subcommittees, and special meetings. Councilmember Camicia moved acceptance. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-542 Report from President, Planning Board, suggesting the acquisition of the USS Missouri and USS Midway for Naval Museum. Stan Shane, Alameda, stated he believes [proposed] museum is a poor idea, and the idea should be abandoned before any funds are spent. Clyde Serda, Alameda, addressed cost of restoring and maintaining vessels and believes proposal is a bad idea. John Barni, Sr., Alameda, stated he agrees with the two previous speakers. President Withrow stated he does not propose public funds be spent on such a venture; the only way to proceed would be to encourage private ventures. Councilmember Camicia commented on possibility of Navy League funding museum and City providing a location. Mr. Serda stated he was told dredging would be required in order to bring the U.S.S. Missouri to the Alameda Naval Air Station. Councilmember Roth stated he believes the U.S.S. Midway is more appropriate for Alameda than the U.S.S Missouri. Councilman Arnerich stated many questions need to be answered regarding maintenance and cost of bringing in a ship. President Withrow stated the question is whether Council should support the idea for a private venture to raise capital and maintenance funds to bring [a ship] in and berth it in Alameda. July 21, 1992 2 j. Councilman Arnerich stated there are too many questions involved, he cannot see staff spending any time on this matter and he will not support it. Councilmember Camicia moved acceptance of report, and staff forward it to the Navy League. Councilmember Roth seconded the motion which carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow - 4. Noes: Councilman Arnerich - 1. Absent: None. 92-543 Report from City Manager transmitting summary of Boards' Commissions' and Committees' comments on possible reduced meeting schedule and consolidation. The City Manager noted some commissions believe they could meet on a less-frequent basis, and possibly some duties between boards and commissions can be combined. Councilmember Roth accepted the report. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 92-544 Report from Acting City Attorney and City Clerk on establishing policy for ballot measure Arguments. (Councilmember Camicia) Councilmember Camicia moved acceptance of communication and to continue current procedure. Councilman Arnerich seconded the motion. Councilmember Roth questioned why assigning Councilmember(s) to write an Argument and bringing it back to a meeting would be difficult; and he sees no [Brown Act] violation. The Acting City Attorney stated no violation would occur but procedure may hinder meeting Election Code deadlines. Councilmember Roth stated if a Councilmember is delegated by Council to write an Argument, Council should approve it. Councilmember Camicia stated he believes, when a Councilmember writes a ballot argument, prior to filing it with the City Clerk, it should be submitted to the City Attorney to make sure it covers [the issue], is accurate, reflects what Council wants and meets all legal requirements. President Withrow stated Councilmember Roth is saying the Argument should come back to Council, which would presuppose the Attorney has seen it. Councilman Arnerich stated that is exactly what we did when we [Authors: Arnerich, Aragon, D. Sherratt, Corica, Janvier] drafted [Argument] for the parks Measure; we met with the City Attorney and various interested parties in the City. July 21, 1992 President Withrow stated the Argument did not come back to Council and that is what Councilmember Roth is interested in. Councilmember Lucas stated Council should decide on a case by case basis; perhaps the City Clerk or City Attorney can bring to Council's attention, raise the question when Council decides on a ballot measure, who will write the Argument, who will approve it. President Withrow stated he does not see the complexity; if a Councilmember is directed to write an Argument, it can automatically come back. The City Clerk suggested that when a Councilmember is requested to sign the "Statement That Argument is True and Correct," and is unhappy with the Argument, it would be automatically brought to Council for review. President Withrow stated that has merit except the review should be in a session where Council discusses as a group observed by the public; whatever is necessary can be done to meet the deadline. The Acting City Attorney stated the only problems are deadlines, and also allowing opponents to see the Argument before they might normally need to. The City Clerk stated she conducted a more in-depth survey of local communities within the last couple of days, and was unable to find one community or Council which had Arguments brought back at a Council Meeting for review. President Withrow stated Alameda prides itself on being unique. The City Clerk stated one concern regarding the City Attorney's Office participating in the review of ballot arguments is, as she understands, the Office should only concern itself with impartial analyses; if Council wants someone, other than Council, to review an Argument prior to open session, perhaps the City Manager or someone on staff, which is very common [practice], could assist. President Withrow noted the cost to the City when Council went to court to rectify problems associated with an Argument submitted and cleared after the fact. Councilmember Camicia stated he believes the City Clerk is correct; if in the future Council has an initiative placed on the ballot, Council designates someone to write Argument, (the writer] would then try and seek the [Councilmembers1] signatures, if that does not work out, it needs to be reread; at least that offers some safeguard. President Withrow stated that provides some safeguard but, because of Brown Act, ideas could not be communicated regarding concerns. Councilmember Camicia stated he does not know how Council can get July 21® 1992 over that hump and not offer the opposition an early look at Council's ballot argument. In response to Councilman Arnerich, Council reviewed procedure for submitting Arguments for Council review. Councilmember Camicia amended his motion to move staff report back with a list of options along the lines of what was discussed, from which Council could then choose. President Withrow stated he within thirty days. Councilmember Lucas seconded voice vote - 5. would like [the options] brought back the motion, which carried by unanimous 92-545 Report from Finance Director transmitting analysis of selected revenue alternatives presented by the Finance Committee. Councilmember Roth stated Council should wait concerning cigarette tax until all cities in County can agree on it; he can support [fees] for rental units of any type but not amount of fee; fees should not be the same for $1000 and $300 units; he would like report from staff to tie fees to gross revenues to average $20.00, and include single family rentals. Councilmember Lucas stated she will not vote for any taxes except to explore concept of Countywide cigarette tax and is glad cable tax charges for Naval Air Station is being looked at. President Withrow stated report is before Council for review and analysis of items that might be feasible in terms of offsetting what the State might do; he will not vote for any taxes unless the State "raps" the City. Councilmember Lucas stated citizens perceive cutbacks in services are needed; one voter suggestion was to appoint citizens' committee, each Councilmember appointing one member, and allow committee, when Council must cut further, to provide suggestions on where to cut. President Withrow stated the Finance Committee could do that. Councilmember Lucas stated this is specialized issue to make community understand, Finance Committee looks at finances generally. Paul Barneich, Deputy Fire Chief, noted a number of specialized problems supporting the need for a fire boat e.g., water rescue operations, and water supply needs in the event of a disaster; and response time. July 21, 1992 Following brief discussion on the feasibility of placing an advisory* vote on the ballot, Councilmember Camicia moved to send a letter to the Board of Supervisors on recommendation D [supporting countywide cigarette tax]. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. Councilmember Roth inquired if a vote is needed for Cable Tax/NAS matter; the Acting City Attorney clarified the matter is currently being worked on; Council by consensus indicated support for collecting 5% franchise fee derived from cable services to NAS. The Chair entertained a motion for the balance of items. Councilmember Lucas moved to ignore the balance of data in the [report] package. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-546 Resolution No. 12297 "Providing for the Borrowing of Funds for Fiscal Year 1992-93 and the Issuance and Sale of the 1992 Tax and Revenue Anticipation Notes, Series B." Adopted. Councilmember Camicia moved to adopt resolution. Councilman Arnerich seconded motion which carried by unanimous voice vote - 5. 92-547 Resolution No. 12298 "Supporting Restoration of the Carnegie Building." (Councilmember Camicia) Adopted. Stan Shane, Alameda, stated he supports restoration of Carnegie Building; should get rid of Linoaks as the City is losing money on it; with today's economy, should not consider spending 20 million dollars on a new library in the foreseeable future. Councilmember Camicia clarified the Resolution only confirms that any future Council that wants to make a decision on the Carnegie must look at this resolution, and this Council will be on record. Councilman Arnerich stated when the Carnegie Building is restored, it can be used for a number of purposes; but the building's character is to be preserved. Councilmember Lucas stated she agrees with Mr. Shane on the subject but also agrees with Councilmember Camicia and appreciates this resolution to affirm this Council does not want to destroy historical buildings. Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. * Note: The Municipal Services Parcel Tax advisory vote was discussed at July 7, 1992, Regular Council Meeting. [See 92-5151 July 21, 1992 92-548 Resolution No. 12299 "Proposing Amendments to the City Charter of the City of Alameda, upon Petition of Qualified Voters, Enlarging the Scope of Binding Arbitration for Fire Fighters and Deleting Provisions Requiring Voter Approval of Additional Financial Burdens as a Result of Binding Arbitration; and Directing the Proposal to be Placed on the Ballot in the November General Election to be Held in the City of Alameda on Tuesday, November 3, 1992." Adopted. President Withrow stated he will vote against this, and inquired what would happen if this resolution is turned down. The Acting City Attorney stated what would happen is not clear; if Council refuses to put the measure on, the firefighters could go to Court and ask the Court to put Measure on, in which case the City would be liable for attorney's fees and costs. President Withrow stated such costs would be very little compared to cost of proposed amendment if passed. Councilmember Lucas stated the measure would damage the City budget, but firefighters collected signatures and at this point, she would like to allow the voters to decide. Councilman Arnerich stated he is a staunch supporter of arbitration but this economic period is not the time to do this, concurs with Vice Mayor, firefighters collected over 7000 signatures and while he does not support the arbitration per se, he will support placing measure on the ballot. Councilmember Roth stated this is a poor ballot measure; citizens can lose and Council must make this clearer to the public; he would like further research to change [procedure] so that such matters need not come before Council but would be automatically [placed on ballot] if requirements are met; firefighters have done what the law requires them to do and he will vote for the resolution. Councilmember Camicia stated Council is nervous about this matter knowing it will raise taxes, and because Council is voting to put this on the ballot, the perception is that Council supports it but that is untrue; this initiative circulated by the firefighters was a source of considerable controversy because their material stated it would prohibit firefighters' strikes and that is untrue, and Council could possibly have signatures removed on basis that what was discussed with signers of petition was likely untrue; at this point, Council must do its duty, put the matter on the ballot and let voters decide. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Lucas, and Roth - 4. Noes: President Withrow - 1. Absent: None. July 21, 1992 Councilmember Lucas moved Councilmember Camicia write the Ballot Argument against the Measure. Councilmember Roth seconded the motion. In response to the City Clerk, Councilmember Camicia stated he will write the Argument and submit a draft to Council for signature; it is his understanding there is a group, or groups, interested in writing Arguments against the initiative; it is up to Council to decide whether or not it wants first priority [E.C.5016]; believes an Argument could be stronger from an organization with concerns regarding schools or taxpayers if measure passes. President Withrow stated Council will pick and choose an Argument that will come from the legislative body. Following discussion on how Council will receive, review, and select an Argument prior to filing with the City Clerk, the Acting City Attorney stated the deadline for [direct] Arguments is August 10; if multiple Arguments are filed with the Clerk, Council's Argument will be given first priority. Councilmember Lucas noted that Council's Argument will be picked on August 4th [Regular Council Meeting]. Councilmember Camicia stated the firefighters union will submit an Argument in favor; when it becomes available, he will write a response (rebuttal) that Council will look at. The motion was carried by unanimous voice vote - 5. The Acting City Attorney inquired if Council would like her to write an impartial analysis of the measure. Council, by consensus, agreed she should. 92-549 Ordinance No. 2610, N.S. "Approving (MPA-92-1) Amendment to the Master Plan for Alameda Marina Village." Adopted. Councilmember Lucas moved adoption. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 92-550 Written Communication from Stan Shane, Alameda, regarding City v. Ballena Isle Marina and related Agreement, (May, 1990); Award of Contract to Mission Property Maintenance (June, 1992); and communications received from certain City Departments. Stan Shane, Alameda, criticized certain items being placed on Consent Calendar; questioned authorization of an agreement with Ballena Isle Marina in a Closed Session, signed May 1, 1990; stated road condition is poor and impassable; objected to the City's loan of $50,000 to the Marina for road repairs; expressed dissatisfaction with award of contract to Mission Properties, and requested staff respond to his concerns. Councilmember Roth stated he has not heard any complaints from the July 21, 1992 Homeowners Associations; Mr. Shane replied apathy is the reason. Councilman Arnerich moved to accept communication from Mr. Shane, and City Manager and Public Works Director to address subjects of Mission Properties Maintenance and Ballena Isle Marina. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. NEW BUSINESS AND UNFINISHED BUSINESS 92-551 Consideration of Mayor's nomination for appointment to the Library Board to fill current vacancy. Mayor Withrow nominated Katsuyuki Sakamoto, Ph.D., Chancellor of School of Psychology, City of Alameda, for appointment as Member of the Library Board. 92-552 Appointment by the Mayor to the Airport Operations Committee. Mayor Withrow appointed Ewart A. Wetherill as Member of the Airport Operations Committee. 92-553 Consideration of appointment by the Mayor, with City Council concurrence, to Mayor's Committee for the Disabled. Mayor Withrow appointed Mr. Hellman as Member of the Mayor's Committee for the Disabled. 92-554 Councilmember Lucas inquired about resources available to assist the homeless; and requested a staff report on the matter. The Police Chief noted assistance given by officers. ADJOURNMENT 92-555 Mayor Withrow adjourned the meeting in memory of Malcolm Longaker, former Councilmember; Renzo Quilici, former Vice Principal of Lincoln Middle School (at request of Councilmember Camicia) and Peter Nicol, starter and office manager of Alameda Municipal Golf Course (at request of Councilman Arnerich). Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. July 21, 1992