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1991-07-16 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA JULY 16, 1991 The meeting convened at 7:55 p.m. (following the meeting of the Community Improvement Commission) with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Roth. Reverend Doug Henderson gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth, and President Withrow - 5. Absent: None. ANNOUNCEMENT OF CLOSED SESSION ACTION(S) President Withrow announced that [prior to the Regular Council Meeting at a Special Council Meeting at 6:30 p.m.] Council adjourned to Closed Session and took the following action: 91-489 Labor Negotiations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: gave further instructions; no action was taken. 91-490 Initiation of Litigation, pursuant to Subsection (c) c Government Code Section 54956.9 of the Brown Act: no action wa taken. 91-491 Significant Exposure to Litigation, pursuant to Subsection (b) of Government Code Section 54956.9 of the Brown Act: no action was taken. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 91-492 Presentation of Certificates of Appointment to Members of the Airport Operations Committee. President Withrow stated the Committee will be charged to represent the City in determining what course of action should be taken with respect to the expansion and current operations of the Oakland International Airport; noted the importance of the Committee and time-consuming, technical, detailed work involved. President Withrow presented Certificates to the Members present: Robert DeCelle, William Kane, Signe Nelson, Gary Thomas, and Barbara Tuleja; commented that opportunities of service will be available to others who expressed interest in serving; and requested those who would like to contribute should speak to Councilmember Camicia and investigate the possibility of being appointed by him to subcommittee. CONSENT CALENDAR Councilmember Lucas moved approval. Councilmember Roth seconded the July 16, 1991 motion which was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. Minutes of the Regular Council Meeting of July 2, 1991; and Special Council Meetings of May 28, 1991, and June 25, 1991. Approved. *91-493 Report from Public Works Director recommending award of contract to Mission Property Maintenance for landscape maintenance of median strips and special areas for the Fiscal Year ending June 30, 1992, No. P.W. 5-91-5. Accepted. *91-494 Report from Public Works Director recommending award of contract to M.F.Maher, Inc. for repair of Portland Cement Concrete Sidewalk, Curb, Gutter and Driveway for the Fiscal Year ending June 30, 1992, No. P.W. 5-91-6. Accepted. *91-495 Report from Public Works Director recommending award of contract to Riley & Sons Construction, Inc., for Minor Street Patching with Asphalt Concrete for the Fiscal Year ending June 30, 1992, No. P.W. 5-91-7. Accepted. *91-496 Report from Public Works Director recommending award of contract to Gateway Landscape Construction for the 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. *91-497 Report from Community Development Director recommending approval of a year-end adjustment to the Fiscal Year 1990-91 Community Improvement Commission (CIC) Budget, and an increased Fiscal Year 1990-91 Loan between the City and the CIC. Accepted. *91-498 Resolution No. 12132 "Authorizing execution of Agreement between the City of Alameda and Alameda County to form a "HOME" Consortium." Adopted. *91-499 Resolution No. 12133 "Authorizing Execution of Settlement Agreement, Dissolution of the Alameda County Training and Employment Board/Associated Community Action Program as a Joint Powers Authority, and Execution of New Associated Community Action Program Joint Powers Authority." Adopted. *91-500 Final Passage of Ordinance No. 2561, N.S. "Approving and authorizing the execution of a lease for real property located at 1435 Webster Street, and rescinding Ordinance No. 2467, N.S." Adopted. *91-501 Filing of Affidavit of the City Manager and the Chief of Police pursuant to Section 17-11 of the Charter of the City of Alameda. Approved. *91-502 Bills, certified by the City Manager to be correct, were ratified in the amount of $1,268,411.52. AGENDA ITEMS 91-503 Resolution No. 12134 "Resolution reappointing Janice Grumman July 16, 1991 204 as a Member of the City Historical Advisory Board." Adopted. Councilmember Camicia moved adoption. Councilmember Roth seconded t. motion which was carried by unanimous voice vote - 5. Mrs. Grumman was not present. 91-504 Resolution No. 12135 "Appointing Archie Waterbury as a Member of the City Library Board." Councilmember Camicia moved adoption. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 91-505 Resolution No. 12136 "Reappointing Peter K. Templeton as a Member of the City Planning Board." Councilmember Camicia moved adoption. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. Mr. Templeton was not present. 91-506 Resolution No. 12137 "Appointing Mary J. Brandenberger as a Member of the City Planning Board." Councilmember Lucas moved adoption. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 91-507 Resolution No. 12138 "Reappointing William M. McCall to the City Public Utilities Board." Mr. McCall was not present. Councilmember Camicia moved adoption. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. 91-508 Resolution No. 12139 "Appointing Lois M. Workman as a Member of the City Social Service Human Relations Board." Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was adopted by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 91-509 Resolution No. 12140 "Appointing Lois M. Workman as a Member of the City Social Service Human Relations Board." Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 91-510 Hearing in consideration of, and, Resolution No. 1214_ "Approving Engineer's Report, Confirming Diagram and Assessment, any Ordering Levy of Assessments, Island City Landscaping & Lighting District 84-2." Adopted. July 16, 1991 Councilmember Roth stated he would abstain on this matter. To Councilmember Lucas's question regarding the landscaping on Lincoln Avenue, the Public Works Director replied the selection of plantings has not been made but the plantings will be drought tolerant and he believes trees will be put in. Councilmember Lucas stated she is pleased trees will be put in because maintenance of the area has been a problem and trees should be easier to maintain. Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Lucas and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilmember Roth - 1. 91-511 Hearing for consideration of, and, Final Passage of Ordinance No. 2562, "Amending the Alameda Municipal Code, Title X, Chapter 2, Electrical Code, Articles 3 and 4 (In Part) by substituting the following Sections in their entirety: Section 10-2316, Fees for Permits and Inspection, Section 10-2318, Schedule of Fees, Section 10-235, Special Annual Permit, Section 10-237, Application for Special Owner's Permit, Section 10-239, Special Furnace Dealer's Permit, Section 10-239.1, Special Equipment Installer's Permit, and Section 10-248 by adopting the 1990 National Electrical Code, as amended." Adopted. Gerhard Degemann, Alameda, inquired about the purpose of the ordinance, if it is, e.g., an increase, a new way to tax homeowners. The City Attorney replied the ordinance adopts the Electrical Code but also includes Section 10-2316 which states fees for permits and inspections shall be as adopted by resolution of the Public Utilities Board (PUB); the Board will be setting the rates and fees. Mr. Degemann questioned why the setting of fees is being taken away from the City Council. The City Manager explained the PUB is the body designated by Charter to set rates for electricity in the City and in doing that, the Board must look at the Budget to determine costs etc.; fees for electrical permits is also a source of revenue and if the Board is charged to present rates, they need to also have the responsibility for proposing permit fees. President Withrow clarified Council has set the fees in the past. Councilman Arnerich inquired what is the reason .for changing the procedure; and the City Manager replied Council adopted fees because it adopted the Code and the fees were part of the Code; at this point it is suggested the PUB adopt the fees in conjunction with their budget; they cannot do the budget without the ability to do the rates on utility bills and permit fees, the two main sources of revenue. Mr. Degemann stated he opposes [the procedure], because the PUB is not July 16, 1991 206 accountable to the people, but Council is. Councilman Arnerich inquired if there is a limit as to the increa:, that can be levied, and the City Manager replied if the ordinance is approved, the PUB may use its discretion. President Withrow stated that Council is accountable to the people and he considers the PUB to be accountable to Council. Mr. Degemann stated his objection is that when the City needed funds from the Bureau, obtaining the funds was difficult; when fees are raised, if people are upset, Council can step in; once the power to control is given away, it is gone. Councilmember Lucas stated she supports President Withrow's position that the PUB and Bureau of Electricity (B of E) are accountable to Council; shares Mr. Degemann's concern that they have not been as responsive as Council would have liked; would like to see budget concerns by B of E; regarding permit fees, Bureau inspectors do the work, should know time involved and fees to charge; if charge is unrelated to work involved, Council could take steps to remedy that. President Withrow stated an ordinance approved by Council can be changed, therefore, if complaints occur in implementation, a change can be made. Councilmember Roth stated Council appoints the Board, and Boa: Members can be changed if they do not respond to the will of t people. Councilman Arnerich stated there is no doubt of integrity of the Board but minutes of the last Board meeting leave a grey area as to whom the Board believes they are accountable; he would not like to relinquish too much control because getting control back might be difficult. President Withrow stated retaking control would not be difficult because if Council creates [adopts) the ordinance, Council can cancel and recreate another ordinance that does not include giving authority. Councilman Arnerich inquired what, prompted the change and who initiated the change in procedure; and the City Manager stated the procedure was a way to streamline; and he believed discussions between the City Attorney and the Bureau, while drafting the ordinance, brought about the change; he believes a duplication of effort was perceived. General Manager, Bureau of Electricity, stated revenues from fees account for about 75% of the cost, total amount of cost is not recovered; in reviewing fees recommended to the PUB recently, a comparison was made in surrounding communities and the Bureau's fees were lower than in most of the communities; the fees have not change in two years; two recommendations had been previously prepared fc Council, one to approve rates and one to approve changes in the Code- the B of E and PUB will be happy to do whatever Council would like. Further discussion ensued regarding the initiation of the procedure. July 16, 1991 President Withrow clarified the General Manager, B of E, indicated he has no preference [who sets the fees]. Councilman Arnerich stated he does not understand why the request was made by the Bureau to change [procedure] because Council has been [setting fees] for many years. The General Manager replied the Bureau has no preference, submitted to the City in the form of two proposals, one for rates, one for change of Code, have agendized the matter for next Monday's PUB meeting to reapprove the rates since what they did the first time was recommend them to Council for approval; so the Board has formally recommended to Council the changes in the Code and changes in rates; if Council likes that, that is fine with the PUB; the PUB has no desire to set the fees for service, however, the Board would like to share with Council what the service costs so that the fees partially recover the costs of the work. Councilmember Roth stated, in essence, the PUB does set the fees because it makes recommendation to Council, and Council approves or does not; so PUB and Council both vote; and the General Manager affirmed that is correct. Councilmember Roth inquired why Park and Webster Streets come under special rules and regulations. The General Manager stated the reason is because buildings were constructed so close together, and the wiring is hazardous if not in conduit, and called upon the Electrical Inspector. The Electrical Inspector [George Carder] stated new buildings on Park and Webster Streets are not subject to the rules because the construction is suitable for current fire standards; older buildings in other areas are not subject to such close proximity; and further discussed wiring methods. To Councilman Arnerich's question regarding updating the ordinance, the Electrical Inspector replied some changes could be made but the situation is not critical and applies only to a couple of wiring methods. Councilmember Camicia questioned if the schedule of fees is based on 100% recovery of costs, to which the General Manager stated no overhead or supervision costs were included, and the fees come close to recovering the out-of-pocket costs; adding overhead would result in approximately 75% recovery. The Fire Chief stated with the advent of a number of modern Codes in late 1950s and 1960s, the fire service worked toward creating fire zones where more extreme hazards existed, generally where more than a block could be expected to be lost in a fire, usually occurring in older business districts with blocks of buildings wall to wall, built under old Codes; therefore the Fire Department, in the fifties and sixties, recommended implementation of fire zones and Fire Zone I, most hazardous, were the principal older business districts, Park and July 16, 1991 200 Webster Streets, where fire hazard for a conflagration still exist he further detailed the hazard involved, adding Councilmember Re makes a good point that some other areas are close to the sa situation. Councilmember Lucas moved final passage of the ordinance. Councilmember Roth seconded the motion. Councilman Arnerich stated he is uneasy about the matter; Mr. Degemann raised questions he [Arnerich] would like answered in more detail; does not believe the need to pass the matter is pressing; and would like it held over for more definitive answers. The City Manager noted the General Manager should respond to the possibility of holding the matter over to be sure no problem exists. The General Manager stated there is a time urgency; was told the matter must be undertaken in July or changes to the Code could not be adopted; the matter was sent over in May to be on agenda in June but delays occurred. The City Attorney stated two items are before Council, the fees and the Code; Council has not indicated any problem with the Code; Council could hold over Section Items 1 and 2 on the fees, and adopt the remainder of the ordinance. The City Manager clarified the State adopts various Codes and mandat cities and other jurisdictions adopt within a certain period of time The General Manager urged Council approve the Code and decide at leisure regarding the rates. Councilmember Camicia stated the General Manager has indicated cost coverage by the fees and as long as the fees are not at 100% or over, he [Camicia] is happy; Council could pass fees, then go back and explore the range of other issues not understood. Councilmember Lucas stated she does not see what is wrong with adopting the most recent Code; if there is new construction in the City, she would prefer to have it done by the latest Code, and sees no reason to hold off. The motion carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow - 4. Noes: Councilman Arnerich - 1. Absent: None. 91-512 Report from City Manager regarding Appointments to Boards, Commissions, and Committees. Councilmember Roth stated he requested the matter be put on the agenda for discussion; one concern is that appointments come due at one tim- and he would like to work toward staggered appointments rather than many in in one month; the length of terms, consistency, rules to app when Councilmembers have made appointments which a new Councilmembe_ must replace, are also his concerns. July 16, 1991 20J President Withrow noted those are valid concerns; he has found the process to be very serious and important for the Mayor to pursue and many appointments due at the same time result in abnormal impact; and inquired of the City Attorney if an encumbent can be requested to continue on a Committee, Commission or Board until such time a nomination has been placed before the Council. The City Attorney stated three categories exist, Charter Boards, non-Charter Boards, and Committees; for non-Charter Boards and Committees, the only thing that governs is the enabling ordinance and basically, with those, Council may do what it wishes; for Charter Boards, the City Attorney quoted from Section 10-4.1 which states the Council shall appoint between May 1st and July 1st, members as necessary to maintain a full Board for terms commencing on the first day of July; and replied in the affirmative to President Withrow's inquiry above. Councilman Arnerich stated technically, according to the Charter, appointments must be made between May 1 and July 1. The City Manager stated that applies to the six Charter Boards only. The City Attorney agreed. Councilman Arnerich inquired if Council was in violation of the Charter by making appointments on July 2nd. The City Attorney stated Council was not, because the sentence in the Charter [Section 10-4.1] previously quoted, regarding continuing for four years and thereafter, includes "until a successor has been appointed;" the period between May 1 and July 1 is to be considered as a goal, in essence; continual City practice last year and years before has been to make the appointments approximately in July; and the City Clerk could clarify that. The City Clerk stated that is correct. Councilman Arnerich stated he is being told the Charter is meaningless, because it states appointments must be made between May 1 and July 1. The City Clerk clarified she does not believe the Charter is meaningless; it is a guide to the Mayor and Council, however, very frequently in the past, when the Mayor has had to review numerous, or acquire, applications, he had the opportunity to exceed the June 30th date by the allowance in the Charter which states "until a successor has been qualified;" the appointee continues serving beyond his/her June 30th expiration date until a successor has been appointed. Councilman Arnerich reiterated that the Charter states the appointment must be made between May 1 to July 1, and he does not see any exception unless someone moves or dies at which time the Mayor can make a reappointment, so he is trying to be detailed to say technically that Council is in violation; believes Council should stay with what is written in the Charter and the only way there can be a change is to have the people vote for a Charter change. July 16, 1991 2 Councilmember Roth stated he is not looking for a Charter change. President Withrow stated since Charter Board terms begin on July 1, would make sense to have other groups on other dates. Councilman Arnerich stated he would not have a problem with that; and inquired if a closing date could be streamlined, and perhaps staff could look at possibly a week for review. President Withrow stated ten days should be allowed, so there can be three days to process and distribute to Council. Councilmember Roth inquired about the length of the terms of the Airport Operations Committee Members. President Withrow stated he has been informing persons who inquire, that the terms have been made indefinitely; there is no charter or charge because of the timeline; and noted the procedure is not the appropriate way for most committees to be established. The City Manager stated, if the Council wishes, the next step would be for staff to return with by-laws, terms of members, and times for election. Councilmember Roth inquired if there should be an established polic- so that all are the same. The City Manager suggested staff bring back items Council wam changed for non-Charter Boards e.g., terms to come up at different times, setting a period of time during which nominations can come in; and have that adopted as Council policy. The City Manager commented the Airport Operations Committee will come on Agenda and Council can give direction on the Committee structure. Councilmember Roth stated another concern is replacement of a Member, appointed by a previous Councilmember, when a replacement is due; and there should be a policy addressing that situation. President Withrow agreed, and stated there should be something to indicate succession. Councilmember Camicia suggested appointments be made concurrent with the term of the Councilmember. Councilmember Lucas agreed. Councilmember Roth stated that should be made a part of the policy. Councilmember Lucas commented, with respect to the Port Authority subcommittee appointees, there would be only two appointments fc. Councilmembers, and a question of who would make those appointments. Councilman Arnerich stated staff could look at that and report back to Council on all the areas discussed by Council. July 16, 1991 Councilmember Camicia moved acceptance of the report. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. 91-513 Report from City Manager concerning the formation of a Naval Air Station Alameda, Base Retention Committee. Bonny Moore, Alameda, thanked the Mayor for support of the Naval Air Station; suggested Committee be composed of Alameda residents only; and that a survey be passed out to individuals at the Naval Aviation Depot to gather data from those receiving notice, on how long persons were unemployed, demands made on social services, etc., for return to the City after about three months, to provide data concerning impact. President Withrow stated he believes there should be a Naval Air Station Committee, not unlike an Airport Operations Committee; indications are that a base closure process will occur every other year for ten years; many items must be looked at, e.g., retention, workload, impact on individuals, interrelationship with other cities with like problem; ownership of base property; by uniting with other cities, Alameda would have more power and influence in Washington, D.C.; he has agreed to work on two resolutions for the Council of Mayors which meet in January, to obtain Congressional action for support; also, strategic planning with respect to the Base in terms of conversion, and he would propose a Committee that encompasses all of the issues relating to City's relations with the Naval Air Station. Councilmember Camicia observed President Withrow is talking about a much larger Committee. President Withrow clarified he is discussing a much larger Committee and a more extensive role; possibly the Committee could be like a County committee which has fifteen members and three subcommittees, and basic investigation and evaluation of alternatives, and options occur in subcommittees; the Committee as a whole is present to provide continuity between the three; Council could put together a Committee of fifteen consisting of three five-person committees. Councilmember Camicia suggested a Committee of thirteen, two of which are appointed by each Councilmember and the remainder by the Mayor. Councilman Arnerich stated he would hope that those who are appointed to the Base Committee would not already be serving on any other Committee, Board or Commission or Ad Hoc Committee; likes the idea that has been presented; wonders if money could be found for lobbyist. President Withrow stated part of his reason for feeling strongly the need of getting the Committee started is because Federal money is available for strategic planning for military base conversion; he would doubt a lobbyist would be covered; he has already established contact with the President's Office of Economic Adjustment. Councilmember Roth stated three basic areas are being considered for work, so there should be three committees of five, and each Councilmember could appoint three. July 16, 1991 212 Councilmember Camicia indicated he had no problem with that. President Withrow stated that was fine with him, and entertained motion. Councilmember Roth so moved. Councilmember Camicia clarified the motion is probably to have another report come back to Council that would stipulate a fifteen-member Committee composed of three (3) five-member subcommittees, and what those sub-committees would do, incorporating some of the items discussed, e.g., length of terms, staggering of terms, associated with the term of office of the Councilmembers. Councilman Arnerich moved the recommendation for a Committee of fifteen, three sub-committees of five, seeking funding sources for those sub-committees and lobbyist. Councilmember Camicia seconded the motion and suggested joining with the County for a lobbyist. Councilmember Roth stated the Committee could do that. The motion was carried by unanimous voice vote - 5. 91-514 Report from Planning Director regarding ABAG questionnais concerning Means of Implementing Regional Growth Manageme: Objectives. President Withrow thanked Vice-Mayor Lucas for putting this matter before the Council; stated in forums he has attended, regional government is exceedingly unpopular; addressed the possibility of regional government being achieved and the Governor's recent movement toward indicating a need for some form of formalized coordination regionally; he [Withrow] is opposed to any additional layer of government with no pre-defined indication of benefit; noted the document Bay Vision 20/20 has developed, the regional government proposal for this area, indicates a strong movement towards governance; the same persons arguing for regional government are arguing for substantially increasing the density of our urban areas; and further stated that super-imposing a body on an area that takes up land-use decisions and virtually every facet of our life-style, to him, is not acceptable, and should be fought in a tenacious and aggressive manner. Councilmember Lucas stated she asked for this to be put on the agenda; July 22 is the deadline to submit answers, she wants Council's input for the answers; and inquired how the Planning Director proposes to submit answers by that date. The Planning Director stated he attempted to answer the questionnais from the perspective in the recommendation, however, in many questio: a critical issue exists that is not defined; some definitive answers can be given; he is not sure a question-by-question answer to the questionnaire is the appropriate response. July 16, 1991 213 Councilmember Lucas stated if Council wishes to be considered and have input to the regional government, Council should reply; believes all of Council believes transportation is a regional issue; environmental quality is a regional issue, air quality cannot be determined by activities in Alameda alone. President Withrow stated air quality leads where he believes the Planning Director was talking about unstated issues; Council's concern can be stated but to what degree would tradeoffs be accepted that would encroach upon Alameda. Councilmember Lucas stated the regional area includes nine counties with 106 cities, Alameda is probably in the top ten as to density, probably regional government can impose less on Alameda than other cities and Alameda might have some benefit. President Withrow stated that is a point well-taken; believes Council has taken a position in the past that it supports regional control governance over transportation. Councilmember Roth stated Councilmember Lucas indicated Alameda may not be told to be more dense, but he anticipates the regional government may ask for a certain percentage from all cities; he sees regional government as another level of bureaucracy; and it wants taxing powers. President Withrow noted advocates of regional government refer to "fiscalization of property" where everything goes into a pot; those in power determine where it goes, ignoring where it comes from. Councilmember Lucas stated a strong position should be taken where the City can benefit, and in opposition where the City may be hurt. Councilmember Roth stated the questionnaire is not a straightforward survey. Councilmember Lucas stated staff has an opportunity to answer; and she would like Council's input for her answer on behalf of Council. President Withrow stated he would like the staff and Council to be in sync. Councilmember Camicia stated he too was uncomfortable with the questionnaire; believes Council should respond; concerning transportation, regional government makes sense; however, he would like to get points across not addressed in the questionnaire; would like a letter stating transportation, air quality are good ideas, and if there is to be a regional government, then perhaps a look should be taken at County government which is laying people off, and what sense does it make to start another layer of government; that is a point Council should make and it cannot be done in the questionnaire. President Withrow stated his input to the Vice-Mayor is that, from a constructive standpoint, Council can vote, but he believes a constructive position should be taken that speaks from where Council July 16, 1991 wants to speak, as opposed to responding to what has been asked; a- he believes believes both things can be done. Councilmember Lucas stated she likes Councilmember Camicia's idea, believes input would be valuable but answers to questionnaire will be added up after July 22 and would like Council's vote included; noted if some issues in questionnaire can be answered with a yes or no, she would appreciate that. Councilman Arnerich suggested Council take the questionnaire and get back to Councilmember Lucas by July 22nd. President Withrow stated he would like Councilmember Lucas, while in the forum, to submit that at least one member of the Council has a concern with jobs housing balance; the philosophy is that if the number of jobs in a city equal the number of residents, transportation needs will be cut down; however people who live in Alameda do not work in Alameda and vice versa and that appears to be true around the Bay Area; also statistics indicate people change jobs 5 times every 12 years, and move often; he does not agree with the concept which comes from the Bay Area Council. Councilmember Camicia moved acceptance of the report. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. Councilman Roth inquired what the motion is, and Councilman Arneri' stated the motion is to accept the recommendation of the report. President Withrow clarified the report is for information only. Councilman Arnerich stated the motion is also with the proviso that Councilmembers provide the Vice-Mayor with the necessary information in ample time for the meeting of July 22nd. Councilmember Camicia seconded the motion. Councilmember Roth stated the recommendation includes that staff is to fill out the report. Councilman Arnerich modified his motion, stating that the word "staff" be deleted in the recommendation; Council is to prepare the questionnaire or express comments in writing and provide same to the Vice-Mayor in ample time for her report July 22nd. Councilmember Camicia seconded the motion which was carried by unanimous voice vote 5. 91-515 Report from Planning Director concerning a one-year review of Use Permit, UP-89-21, and Variance, V-89-9, which authorized the establishment of an attorney's office within a R-5, General Residential District, at 2156 Central Avenue. Applicant: William L. Berg. Councilmember Roth inquired if Mr. Berg was requesting use in tl evenings. Councilman Arnerich inquired if this matter should be referred to the July 16, 1991 Planning Board. President Withrow stated the report is informational. The City Manager clarified Council requested a year ago that the report come back before Council. Councilman Arnerich addressed Mr. Berg's request referred to in the report. President Withrow clarified this is not before the Council for action, it is an informational report only. Mr. Berg stated he would like to explain why he made the request. President Withrow inquired if the remarks would be legal. The City Attorney replied as long as it is understood the remarks are merely for amplification of an item in the report; because [the request] was in the report, it is within Council's scope to listen but no action can be taken because that is within the jurisdiction of the Planning Board. Mr. Berg stated he wanted to clarify the matter because Councilman Arnerich specifically inquired; the Appeal was heard about 13 months ago; that evening, Council approved his Use Permit and after the Public Hearing was closed, Council proposed the condition that he have no evening or weekend appointments; Planning staff had not recommended, nor had he been asked about that; Council, later that evening, approved a permit for an office across the street from him without such condition, and during the year approved two permits to convert residences to medical offices without imposing the condition; he does not do or plan to do many weekend or evening appointments but wants freedom to do so if necessary, and to be treated like others. Councilmember Lucas noted a Planning Board subcommittee is looking into professional office use in residential districts, their recommendation is to permit it; and inquired if a Use Permit would still be required; and the Planning Director replied the Permit would be required. Councilmember Lucas inquired concerning consistency in office hours permitted, as the restriction for Mr. Berg is unusual. The Planning Director replied part of the purpose is to make the process more equitable; each case has been considered on its own merits and discrepancy has occurred; the intent is to develop some consistency among the types of uses. Councilmember Lucas inquired if Planning Board decides to have consistent Use Permits, would Mr. Berg benefit automatically; the Planning Director replied some retroactive procedure might be set up but [automatic benefit] would not appear to be feasible or possible. The City Attorney stated the issue would probably be the fee for amendment and Council could establish a fee waiver to provide for July 16, 1991 216 amendments to Use Permits to accomplish those goals, but it is corre- that going back retroactively and unilaterally imposing conditic cannot be done, unless through the public process, but that would , burdensome. At the request of Councilmember Roth, the City Attorney reviewed the Berg matter, what procedure could be followed, and what action could or could not be taken. The City Attorney inquired if Council is desirous of having the Use Permit reviewed without having Mr. Berg pay the $300 filing fee. Councilmember Roth stated he is. The City Attorney stated that option could be explored. President Withrow stated that is valid; a substantial brouhaha took place when Mr. Berg's matter was considered, which had nothing to do with Mr. Berg but with inconsistency in applying policy; that is one reason for having the Planning Board subcommittee produce a policy; and he agrees a review should be allowed without the $300 fee. Councilmember Lucas stated the Planning Board subcommittee recommendation has recently been made, policy is not yet established, and perhaps Council is premature. Councilmember Roth stated the matter could be referred and n necessarily done immediately. President Withrow inquired when the policy will come before Council, to which the Planning Director replied within about two months. Councilmember Camicia moved acceptance of the report, accept the recommendation Council investigate a process for waiving the fee and see if that can be done after the report [regarding policy] comes in. President Withrow seconded the motion. Councilman Arnerich inquired if it is appropriate to proceed in that manner. The City Attorney replied affirmatively and noted she will take the action and review the procedure to see if there is a way to agendize as some type of review without payment of the fee; and she will take steps to implement that. The City Attorney confirmed that is part of the motion. The motion was carried by unanimous voice vote - 5. 91-516 Report from Finance Director transmitting City of Alameda Investment Policy and Guidelines for 1991-92, as prepared by City Treasurer. Councilmember Camicia moved the recommendation. Councilmember Rot, seconded the motion which was carried by unanimous voice vote - 5. July 16, 1991 2 91-517 Report from Personnel Director regarding the adoption of a policy prohibiting harassment and discrimination. Councilmember Roth moved acceptance. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 91-518 Report from Personnel Director regarding the adoption of a Bilingual Pay Incentive Program. Gerhard Degemann, Alameda, stated he has a problem with the Program; a recession is taking place, the City is short of money, a second language should be part of the hiring requirement, not financially rewarded. The. Personnel Director noted the policy is a Council-proposed policy preliminarily adopted, then negotiated with all the bargaining units, and now brought back for final adoption; the purpose is to allow departments to identify certain key positions which deal extensively with foreign language ability; and has been viewed as a recruiting tool for public safety in public relations as well as enforcement. Councilman Arnerich inquired if a person does not use bilingual ability for a year, what is the basis for payment; and the Personnel Director replied certain positions are designated as having significant usage of a language and are paid on ongoing basis, but other usage is paid for on a one-time basis. Councilmember Camicia moved acceptance. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. NEW BUSINESS AND UNFINISHED BUSINESS 91-519 Consideration of a nomination for appointment to the Civil Service Board. President Withrow renominated Vicki Lane, noting she had been nominated previously and nomination withdrawn due to checked box on application regarding a background check [See Minutes Paragraph 91-475, July 2, 1991, Council Meeting]; and noted Ms. Lane had written to all of Council that the [objection] box was checked in error, she is highly qualified for the position and he recommends her. Councilmember Lucas seconded the nomination which was carried by unanimous voice vote - 5. 91-520 Councilmember Camicia suggested the Building and Planning Departments schedule a meeting with homeowners' associations and architectural review board representatives to discuss home addition issues as it would help the communication process. 91-521 Councilmember Camicia suggested a fast-track-approval procedure for simple room additions. 91-522 Councilmember Camicia complimented staff on the small planted area near Bay Farm Island bridge. July 16, 1991 21S 91-523 Councilmember Camicia requested information, off agenda, on ti Bureau of Electricity's travel expenses this fiscal year, a justification for $123,000 travel budget for next fiscal year. 91-524 Councilman Arnerich expressed concern regarding the absenteeism of certain board/commission/committee members; President Withrow suggested staff send letters to members and inquire whether they desire to continue to serve. Councilman Arnerich agreed and stated if persons are not attending, they should be replaced. 91-525 Councilman Arnerich expressed concern regarding blighted areas such as the Central Market site, and requested a report within 30 to 45 days on City enforcement measures. ADJOURNMENT President Withrow adjourned the meeting at 10:02 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. July 16, 1991