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1992-10-20 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL OCTOBER 20. 1992 The meeting convened at 7:55 p.m. (following the Community Improvement Commission Meeting) with President Withrow presiding. Vice Mayor Lucas led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth, and President Withrow - 5. Absent: None. ANNOUNCEMENT OF CLOSED SESSION ACTIONS Mayor Withrow announced Council, at a Special Meeting, adjourned at 6:40 p.m. to Closed Session to consider: 92-713 Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Mayor Withrow stated Council gave further instructions to the City negotiators. 92-714 Significant Exposure to Litiaation, pursuant to Subsection (b) of Government Code Section 54956.9 of the Brown Act: Mayor Withrow stated no action was taken. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 92-715 Presentation of Certificate of Service to Marjorie Rose, former Member of the Social Service Human Relations Board. Mayor Withrow commended and thanked Ms. Rose for her efforts on behalf of the City; and Ms. Rose expressed her appreciation for the opportunity to serve. 92-716 Presentation of Certificate to Evelyn Stinchcomb, former Member of the Housing Commission. Mayor Withrow noted Ms. Stinchcomb could not be present; and recognized the time and effort she has spent on behalf of the City. 92-717 Joint Proclamation of the City Council and the Board of Education Declaring the Week of November 2 through 6, 1992, as Safety Town Week. Mayor Withrow read the proclamation and declared the week of November 2 through 6, 1992, as Safety Town Week and requested Alamedans express appreciation to dedicated people who make the safety education program a reality for Alameda's children. 92-718 Proclamation Declaring the week of October 20 through 26, 1992, AIDS AWARENESS WEEK. Mayor Withrow read the proclamation and declared the week of October 20, through October 26, 1992, as Aids Awareness Week and October 20, 1992 encouraged Alamedans to better understand the affliction and offer compassion; and presented Certificate to Kent Buehner of Alameda Outreach on AIDS. CONSENT CALENDAR At the request of the public, report 92 -733 regarding Striping Plan for Traffic Signal Installation, and 92 -734 report regarding Tract 4024 improvements; and at the request of Councilmembers, 92 -736 Salary Resolution and 92 -735 report recommending Award of Towing Contract were removed from the Consent Calendar for discussion. Vice Mayor Lucas moved approval of the remainder of the Consent Calendar. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *92 -719 Minutes of the Regular Council Meeting of October 6, 1992, and the Special Council Meeting of October 6, 1992. Approved. *92 -720 Report from City Clerk recommending the Regular Council Meeting of November 3, 1992, be rescheduled for Wednesday, November 4, 1992. Accepted. *92 -721 Report from Public Works Director regarding Bike Lane Causing Through Movement Conflict with Left - Turners on Encinal Avenue, Eastbound, at High Street. (Mayor Withrow) Accepted. *92 -722 Report from Public Works Director recommending Authorization to Develop an Agreement between City of Alameda and Chamber of Commerce for a Transportation Management Association (TMA). Accepted. *92 -723 Report from Public Works Director recommending Acceptance of a Portion of the Subdivision Improvements, Reduction of Bond from $2,406,242 to $1,443,742, and Extension of Time of Two Years, to November 8, 1994, in Which to Complete the Improvements for Tract 6111 (Harbor Bay Isle Village 5, Neighborhood B). Accepted. *92 -724 Report from the Community Development Director Proposing City Match for Community Funds Raised through the Mayor's Alameda Thanksgiving. Accepted. *92 -725 Report from Finance Director transmitting Investment Report for period ending September 30., 1992. *92 -726 Resolution No. 12330 "Resolution for 1992 -93 Proposition 116 Applications, Delegating the Authority to Make Screening Criteria Assurances to the City Manager, and Attesting to Compliance with California Transportation Commission (CTC) Policies and Clean Air & Transportation Improvement Act (CATIA) Requirements." Adopted. October 20, 1992. *92-727 Resolution No. 12331 "Accepting Grant of a Nonexclusive Access Easement Along the Alameda/Oakland Estuary from Alameda Real Estate Investments to the City of Alameda (Alameda Marina Village)." Adopted. *92-728 Resolution No. 12332, "Supporting the Efforts of the East Bay Municipal Utility District (EBMUD) in its Reevaluation of Mokelumne River Water Rights." (Vice Mayor Lucas) (Continued from October 6, 1992, Council Meeting) Adopted. *92-729 Resolution No. 12333 "Adopting a Categorical Exemption for the Atlantic and Main Street Intersection Improvements." Adopted. *92-730 Resolution No. 12334 "Supporting the Completion of the 1-80 Operational Improvement Project from the Bay Bridge to State Route 4 and Urging the Alameda County Superior • Court to Expedite its Consideration of the Lawsuit Brought by Urban Ecology and to Lift the Stay of Construction." Adopted. *92-731 Resolution No. 12335 "Ratifying Public Utilities Board Action Authorizing the Execution of the Western Area Power Administration Contract No. 92-SAO-20054 for Electric Service to the City of Alameda Bureau of Electricity." Adopted. *92-732 Bills, certified by the City Manager as correct, were ratified in the amount of $1,503,744.63. 92-733 Report from Public Works Director for reconsideration of Striping Plan for Traffic Signal Installation at Fernside Boulevard and Encinal Avenue and Award of Contract to St. Francis Electric for No. P.W. 9-92-13. John Barni, Sr., Alameda, stated residents of the East Shore Homeowners' Association indicated at the last meeting that they were in favor of Option 4 regarding removing right turn on Encinal and Fernside Avenues. Councilman Arnerich moved acceptance [of Option 4, to delete mandatory right-turn lane, provide no merging lanes, and not remove parking] and Councilmember Roth seconded the motion. The motion carried by unanimous voice vote - 5. 92-734 Report from Public Works Director recommending Acceptance of the Landscaping Improvements within Tract 4024 (Costa Brava, Harbor Bay Isle) and Release of Associated Bond. Gerhard Degemann, Alameda, opposed staff recommendation; complained regarding sidewalk problems including raised areas and possible mud sliding on pathway when it rains. The Public Works Director stated staff could review, complaint, and hold the matter over to the next meeting. October consider 20, 1992 Councilmember Camicia so moved. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-735 Report from Finance Director recommending Award of Towing Contract, MSP 8-92-1, to Ted & Joe's Towing of Alameda. Councilman Arnerich questioned why Ted & Joe's should receive the award when the towing charges are higher than Pito's Towing in Oakland. The Chief of Police explained the issues considered upon which the decision was made, including reliability, responsiveness, expense of police officers' time when waiting for response; local business factor; convenience of storage facilities to citizens; and the known-vendor factor. In response to Councilman Arnerich, the Chief of Police stated the contract can be broken on the basis of e.g., reasonableness of response, an inordinate number of citizen complaints. Council discussed charges in further detail with the Chief of Police and the Assistant City Manager. Councilman Arnerich moved acceptance of report and recommendation. Councilmember Roth seconded the motion and stated he does not like the fact there is only one Alameda bidder; believes City should develop competition to provide options. The motion was carried by unanimous voice vote - 5. 92-736 Resolution No. 12336 "Amending the Management and Confidential Employees Association Salary Resolution by Establishing the Salary for the New Position of Housing Development Manager." Adopted. Vice Mayor Lucas stated she requested this item be pulled to question the reason for setting salary range. The Personnel Director stated the purpose is to allow flexibility in hiring a highly qualified person or a person less qualified at a lower salary; and surveys showed the range to be appropriate. Vice Mayor Lucas stated she would like the lowest step at a lower rate; and the Personnel Director replied three additional steps could be added reducing each step by 5% to implement the Vice Mayor's suggestion. Vice Mayor Lucas moved to incorporate the three extra steps at the lower end for a total of ten steps. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. REGULAR AGENDA 92-737 Resolution No. 12337 "Appointing James D. DuPont as Member of the Civil Service Board." Adopted. October 20, 1992 Councilmember Camicia moved adoption of the resolution. Vice Mayor Lucas seconded the motion which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Mr. DuPont. 92-738 Resolution No. 12338 "Reappointing Cal A. Santare as Member of the Golf Commission." Adopted. Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Mr. Santare. 92-739 Resolution No. 12339 "Reappointing R. E. "Rick" Stone as Member of the Golf Commission." Adopted. Councilmember Camicia moved adoption of the resolution. Vice Mayor Lucas seconded the motion which carried by unanimous voice vote - 5. 92-740 Report from Assistant City Manager Recommending Appropriation from the General Fund Reserve to cover Expenses Incurred in sending the City Attorney's Ballot Measure Impartial Analysis to Every Registered Alameda Voter. Tony Spitaleri, Sunnyvale, representing Firefighters, stated the $7000 [for mailing] would be a waste of taxpayers' money as thousands of dollars have already been spent to place the Analysis on the Ballot; taxpayers know what they are voting on; authorization in Measure F for Council to negotiate with Firefighters concerning work schedules is a right Council has had since the 1950s. In reply to Councilmember Camicia, Mr. Spitaleri stated he is an advisor to the Firefighters. Charles Tillman, Alameda, stated this is the first time a mailing of this sort has been done, does not allow people to use their own good judgment concerning the Measures; and expressed concern regarding related expense. David Lee, San Leandro resident, President, Alameda Firefighters' Association, stated he opposes spending $7000 in these economic times when reduced work hours for Alameda City Employees Association [members] are being considered. Chris Reilly, Alameda, Secretary, Alameda Firefighters' Association, stated he is opposed to spending $7000 when reduced work hours are proposed; and sending material labelled as impartial when City Attorney's analysis contains statements somewhat untrue, e.g., discipline. October 20, 1992 Scott Sprott, Alameda resident, Alameda firefighter, stated he does not understand why the impartial analysis needs to be sent out when it is already in the sample ballot, nor using $5000 to $7000 to do it. Rich Bennett, Alameda resident, Alameda firefighter, urged Council not spend any more money when $6000 has already been spent to place the measure in the sample ballot. Don Roberts, Alameda, stated the $7000 is to duplicate what has already been sent out to all registered voters in the City and urged Council to conserve and use the $7000 for something more important to the City. President Withrow stated when the City is exposed to the legal financial risks which appear to be confronting the City because of Measure D, it is incumbent upon the Council to take whatever actions are necessary to ensure the City's residents know what they are voting for; they are voting for or against a tax increase; the 1990 Firefighters' Initial Negotiating Request submitted to the City was priced at $3,800,000 and any increase of that order will require a tax increase. Councilmember Camicia moved the recommendation. Councilmember Roth seconded the motion. Councilmember Roth stated informing the public is Council's duty; some voters understand the Ballot very well, and some do not; and he will support it [motion]. Vice Mayor Lucas agreed Measure D will be damaging to the City if it passes but she must assume the Voters read the sample Ballot and she does not want to set the precedent of Council singling out one particular issue as a mailer; as a democracy there must be dependence upon the voter to vote intelligently; believes Voters do, and she will not support the motion. Councilman Arnerich stated the electorate in Alameda is well- informed; he knows of no major city that has incurred difficulties in going to arbitration; people will determine how to vote, do not need more mailings; and he will not support this matter. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Roth and President Withrow - 3. Noes: Councilman Arnerich and Vice Mayor Lucas - 2. Absent: None. 92-741 Ordinance No.. , N.S. "Amending the Telephone, Electricity, Gas and Cable Utility Users Taxes in the Event that the Firefighters' Binding Arbitration Measure (Measure D) is Passed by the Voters and Results in Arbitration Awards Against the City." (Mayor Withrow) Tony Spitaleri, Sunnyvale resident, representing Alameda Firefighters, stated there is not a City in any of the twenty-six October 20, 1992 states or eleven California cities that has suffered financial disruption because of [binding] arbitration; Measure D guarantees a fair process; it is away to settle disputes, saving thousands of dollars on labor relations, and saves tax dollars; and suggested Council reconsider. Todd Martinez, San Ramon resident, Alameda firefighter, stated the City of San Leandro attempted, without citizen approval, to raise taxes on the premise of need due to firefighter [binding] arbitration campaign, but the tax attempt failed. David Macho, San Ramon resident, Alameda firefighter, stated Measure D protects the City's financial condition. Scott Sprott, Alameda resident, Alameda firefighter, opposed tax without voter approval. Chris Reilly, Alameda resident, Alameda Firefighters' Association, stated Council is sending out information [Impartial Analyses] written by a person [Acting City Attorney] partial to Measure E to all citizens in Alameda. David Lee, President, Alameda Firefighters' Association, stated he worked with attorneys on drafting language of Measure D, and one major point was to protect financial stability of Alameda; the tax proposal is unnecessary as Measure D states an arbitrator cannot make a decision for the Firefighters that would cause the City to need to raise taxes to pay for the decision; arbitration works because it forces both sides to sit down and negotiate to a resolution, if not resolved, then someone [arbitrator] is called in to listen to both sides and determine who is right. Rich Bennett, Alameda resident, Alameda firefighter, stated he opposes taxes without citizen input; mediation/arbitration is currently being used by the City for the car wash issue; urged Council not support utility tax [ordinance] because Council would be giving an arbitrator a vehicle to increase taxes to give awards. Denise Dousman, Alameda, stated she opposes any tax she does not have opportunity to vote on. Don Roberts, Alameda, stated he concurs with previous speakers as they made compelling arguments concerning why the ordinance should not be passed. President Withrow stated this ordinance is contingent upon the passing of Measure D and upon an arbitrator issuing an excessive award, and if this ordinance passes this evening and on second reading, it will be a law of the City and when citizens look at Measure D on the ballot, November 3, they know if they vote for it they are authorizing future taxation; the City is required by law to balance the budget and either raise taxes or shut down services; all Council can do is make sure the people understand what they are doing. October 20, 1992 Vice Mayor Lucas stated she will support this ordinance; Council must make citizens aware that Measure D would have a major impact on City finances and taxes may need to be raised; an option exists to cut services but citizens need to be aware of the financial danger. Councilmember Camicia compared the current process of arbitration with proposed binding arbitration; stated Measure D will not only affect citizens' pocketbooks but will delete their right to vote on tax increase from Charter. Following Council discussion concerning sufficiency of proposed increase, President Withrow stated if it is not sufficient, the matter would need to come back before Council for an adjustment to address additional monies required. Councilman Arnerich stated, for the record, that the ordinance would go into effect only if Measure D passes. The City Attorney added that the ordinance would go into effect only if Measure D passes and an arbitration award is received against the City. Responding to Councilman Arnerich, the City Attorney stated the procedures for arbitration are covered by the California Code of Civil Procedures and read portions of the ordinance concerning the process. Councilmember Roth commented on the selection process for the three-member arbitration board, that the City and Firefighters Association each choose one person and the third person [arbitrator] is agreed upon by both City and Firefighters. The City Attorney explained the procedure to take place if the City and Firefighters cannot agree. Councilmember Camicia stated Council are agreed that if Measure D fails there is no tax increase; however, if Measure D passes, Council may be forced to raise taxes, but has the option to cut services. Councilmember Camicia moved introduction. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. 92-742 Report from Police Chief regarding Cultural Diversity Training. Councilman Arnerich stated Council is committed to going ahead with the program and supported the recommendation [to direct staff to proceed with development of cultural diversity and sensitivity training program, and appropriate $30,000 to the Police Department for the project's budget]. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 92-743 Report from Public Works Director recommending October 20, 1992 Authorization to Amend the Joint Powers Agreement between the City of Alameda and the Port of Oakland and Direct Staff to Prepare a Section 15 Report and to Continue to Negotiate with AC Transit and Port of Oakland to Develop a Mutually Acceptable Consortium Agreement for Future Ferry Service Operations. Councilman Arnerich noted that the City Manager has indicated the City should stay on top of AC Transit to continue providing proper feeders to ferry services and the cutbacks proposed several months ago should not take place. President Withrow commented authorization to sign the contract is not being considered at this time. Vice Mayor Lucas moved the recommendation. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-744 Ordinance No. 2618, N.S. "Amending the Alameda Municipal Code by Amending Sections 7 and 8 of Chapter VIII (Traffic and Motor Vehicles), Pertaining to Overnight and Parallel Parking." Adopted. Vice Mayor Lucas moved final passage. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-745 Written Communication from Hadi Monsef, Alameda, requesting Council appoint task force to review Amnesty Program [Determination of Number of Legal Units in a Structure]; and a moratorium on enforcement of existing practices until matter is resolved; * Written Communication from Jessie Trask, Alameda, regarding the Amnesty Program as it relates to in-law units; and * Written Communication from Gary Fenstermaker, Gallagher & Lindsey, Inc., Alameda, requesting Council rethink Amnesty Program and provide more equitable solution. Ms. Trask noted her in-law unit existed when she bought her property; her problem is with the process; Amnesty Program guidelines need to be reviewed; she would like to make two units into one and maintain the basement in-law unit, however she has been notified to remove the basement unit. Council discussed with Ms. Trask her property's units and her interaction with City staff. Vice Mayor Lucas inquired if the City can inspect the building and see if Ms. Trask's proposal for conversion into four units is reasonable and acceptable; and discussed parking. Hadi Monsef, Alameda, suggested Council form a task force to look at process of grandfathering-in existing units. October 20, 1992 President Withrow noted it is incumbent upon Seller [of property] and real estate agent to ensure that the Buyer has full disclosure, and no defects in the title. Mr. Monsef stated the [Amnesty Program] should be reviewed and new guidelines set; Trask property should be changed to four units; perhaps there is a remedy with respect to disclosure; and Ms. Trask needs time to put acceptable package together. Chuck Corica, former Mayor of Alameda, stated many extensions have been given to the Amnesty Program; one exception leads to others; and urged Council to not tamper with Measure A. Councilmember Roth stated if the Amnesty Program is reviewed he will push for it to be much stronger. President Withrow stated California law requires full disclosure, liability is associated with it, and he sees no reason Council should be confronted with being concerned about someone's exposure to financial liability, as that is covered. Councilman Arnerich stated he does not want to revisit this; it is time for Council to strictly adhere to Measure A; Ms. Trask has five units and must remove the fifth unit. Mr. Corica inquired what happens when a granny unit is necessary, installed, and that person dies; does property become a multiple [dwelling] or is removal [of the unit] required. Councilmember Roth raised the question of whether or not granny units contain kitchens. Vice Mayor Lucas stated granny units are built in single family homes so the properties would never be more than a duplex. The City Attorney clarified the units have kitchens; built in conjunction with single family homes; property is never more than a duplex and no violation of Measure A occurs. Councilmember Camicia stated Ms. Trask has a unique problem, and gathering historical records to determine when any remodeling occurred is difficult, and moved Ms. Trask be allowed two weeks to put records together. Vice Mayor Lucas commented Ms. Trask has completed research and is willing to reduce the number of units to four and that makes sense, although perhaps the four units need to be arranged differently, with the understanding that Council will not approve five units. Councilmember Roth seconded the motion. Councilman Arnerich requested Ms. Trask confirm that she will commit to conversion to four units. October 20, 1992 Ms. Trask noted the unit is leased for six months, and discussed possible liability. The Public Works Director stated if Ms. Trask can produce a plan that will meet reasonable code requirements and within a reasonable period of time, he sees nothing wrong with combining the units as Ms. Trask wishes, and staff has discussed that her plans should be ready within six months and work finished within a year after that. Councilman Arnerich stated he believes a plethora of problems will emerge and probably the next problem will be financing, and he does not see how this [solution] will work. Ms. Trask stated converting the two units to one will involve putting a doorway back where it once was; and removal of a sink. Councilmember Camicia clarified the motion is for [Public Works Director and Ms. Trask to work out] an agreement [for four units] within thirty days and staff report back to Council, off-agenda on action taken. Ms. Trask stated the Amnesty Program expires in one year, and requested Council consider that matter for the benefit of other persons who have similar problems. The motion carried by the following voice vote: Ayes: Counciamembers Camicia, Lucas, Roth and President Withrow - 4. Noes: Councilman Arnerich - 1. Absent: None. ORAL COMMUNICATIONS, NON-AGENDA 92-746 John Scott Graham, Alameda, requested support for Measure B, School Bond issue for Peralta College District; stated plumbing is leaking, electrical equipment is breaking down, Health Code improvements are needed, and Laney College swimming pool is a cesspool; he would like to see an Olympic-size diving pool considered. NEW BUSINESS AND UNFINISHED BUSINESS, 92-747 John Barni, Sr., Alameda, stated he believes the three- minute limit for speakers should be done away with because no one pays attention to it; City employees, e.g., firefighters, should state in which City they reside, not where they work, when addressing the City Council. 92-748 Consideration of Appointment to Solid Waste Management Recycling Committee. Mayor Withrow appointed Colleen M. Camicia as Member of the Committee. 92-749 Council Discussion on the Proposal to ConGolidate Overlapping Services with Neighboring Communities. (Vice Mayor October 20, 1992 Lucas) Vice Mayor Lucas stated she is in favor of Mayor Withrow's effort to explore the consolidation of services with the cities of San Leandro and Hayward. Mayor Withrow stated he will brief the Council on the matter at the first Council Meeting in November. 92-750 Councilman Arnerich stated there is concern about traffic safety; requested the City Manager and Police Chief meet to discuss issuance of citations for excessive speeding, violation of pedestrian rights, etc.; specifically noted Otis Drive, Broadway, Fernside Blvd., Gibbons Drive, and East Shore Drive. 92-751 Councilman Arnerich requested a report within 90 days of costs for purchasing and maintaining City Pool cars. 92-752 Councilman Arnerich stated he would like the Golf Commission to consider a new Golf Course Restaurant, Pro Shop, and appurtenances to replace the outdated building; expenses can come out of the Enterprise Fund; City must stay competitive with other Courses in the area; other matter [for consideration] is double decking of driving range; and requested a report within 90 days. ADJOURNMENT 92-753 Mayor Withrow wished Angela Babjak a happy birthday; adjourned the meeting in memory of Leo Freschi, long time active Alamedan and Elector Littlejohn, former tenant member of the Housing Authority, at 10:10 p.m. Respectfully submit 4 -t41 • DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. October 20, 1992