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1991-08-20 Regular CC Minutes'143 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA, AUGUST 20, 1991 The meeting convened at 7:35 p.m. (following the Community Improvement Commission Meeting) with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Roth. Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Arnerich Camicia, Lucas, Roth, and President Withrow - 5. Absent: None. ANNOUNCEMENT OF CLOSED SESSION ACTIONS President Withrow announced that, prior to the regular meeting, Council adjourned to Closed Session and took the following action: 91-569 Workers' Compensation Claim of James K. Proctor, pursuant to Subsection (a) of the legal counsel section of the Brown Act: settlement was authorized. 91-570 City of Alameda, v. Foster and Kleiser Corporation. et. al. pursuant to Subsection (a) of the legal counsel section of the Brown Act: Discussion was held with respect to the exposure of the City to litigation and the enforcement of a judgment; no discussion or action took place to modify Settlement Agreement, which would occur in an open session; the City Attorney was directed to continue to enforce the judgment, initiate litigation where deemed necessary by the City Attorney, and if necessary, defend any litigation filed against the City. 91-571 Personnel Matters, pursuant to Government Code Section 54957 of the Brown Act: no action was taken. 91-572 McDowell v. City, pursuant to Subsection (a) of the legal counsel section of the Brown Act: discussed matter, no action taken. Councilmember Lucas stated she left the Closed Session when the discussion took place concerning the City v. Foster & Kleiser matter, as she did not believe any proposal for selective enforcement of the sign ordinance and/or non-enforcement of the City Agreement should be discussed; threatened new litigation is a different matter; and discussed the timing of the threatened new litigation. Councilman Arnerich stated Council knew Councilmember Lucas' concerns; and voted to enforce judgment against the billboards. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY. 91-573 Presentation of Certificate of Service to Jack Fink, former Pension Board Member, President Withrow commended Mr. Fink for his work on the Board, and presented the Certificate. 91-574 Presentation of Certificates of Appointment to Members of the August 20, 1991 244 Naval Air Station Retention Committee. Retention: Current Operations: Strategic Planning: Duncan Campbell Jan Henault Douglas deHaan Vernon Pecchenino Victor Quintell Ruth Abbe Chuck Corica Jacque Cohen Christopher Hanson Gerald Ghiselli Loretta Breuning Arthur Wagner Kenneth Hansen President Withrow presented Certificates to the Committee members with the exception of Chuck Corica and Kenneth Hansen who could not attend. CONSENT CALENDAR At the request of the following persons, the items noted were removed from the Consent Calendar for discussion: Councilmember Roth: (91-586), report regarding trees, and (91-587) report regarding remuneration for Community Improvement Commission; Councilmember Lucas: (91-588) ordinance regarding Economic Development Commission; Councilman Arnerich: report concerning Golf Commission fees; Francie Farinet: (91-589) ordinance concerning dogs. Councilmember Lucas stated she would abstain on July 18 Minutes (*91-575) due to her absence at that time. Councilmember Camicia moved approval of the remainder of the Consent Calendar. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5, [with the exception of Councilmember Lucas's abstention on the July 18 Minutes (*91-575)]. Items so enacted or adopted are indicated by an asterisk. *91-575 Minutes of the Regular Council Meetings of July 16, 1991, and the Special Council Meetings of July 16, 1991, July 18, 1991, and August 6, 1991. Approved. [Councilmember Lucas abstained on July 18th Minutes as she was not in attendance.] *91-576 Report from Public Works Director requesting authorization for amendment to contract with Bissell & Karn, Inc., for the design of the Doolittle Drive Widening Project. Accepted. *91-577 Report from Public Works Director recommending Four-Way Stop Installation at the intersection of Clement Avenue and Oak Street. Accepted. *91-578 Report from Finance Director transmitting investment report August 20, 1991 2 for period ending July 31, 1991. Accepted. *91-579 Report from Recreation and Parks Director recommending acceptance of the work by Gateway Landscape Construction, Inc., for construction of "Doc" Harrington Soccer Field, No. P.W. 1-90-30. Accepted. *91-580 Report from Recreation and Parks Director recommending acceptance of the work by RMT Landscape Contractors, Inc., for construction of Neptune Park, No. P.W. 02-90-04. Accepted. *91-581 Resolution No. 12145 "Adopting plans and specifications and calling for bids for the construction of Wheelchair Ramps, Phase 10, No. P.W. 7-91-10 and directing City Clerk to advertise same." Adopted. *91-582 Resolution No. 12146 "Authorizing Application for Rental Rehabilitation Grant Funds for Fiscal Year 91-92 and authorizing execution of certifications, Grant Agreement and related documents." Adopted. *91-583 Ordinance No. 2563f N.S., "Amending the Alameda Municipal Code by amending Section 13, to Title X thereof relating to Floodplain Management." Adopted. *91-584 Bills, certified by the City Manager to be correct, were ratified in the amount of $5,753,858.o2. 91-585 Report from Assistant City Manager recommending approval of Golf Commission's proposed fee increases. Councilman Arnerich noted that the paragraph under Discussion of the Report and Recommendation should be corrected to read January 2, 1992. Councilman Arnerich clarified that the $100,000 transfer from the Golf Enterprise Fund is only a one-time transaction and should be noted in the Minutes accordingly. Councilmember Roth moved acceptance of report. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 91-586 Report from Public Works Director recommending removal and replacement of City street trees damaged by the freeze. In response to Councilmembers Roth and Arnerich, the Public Works Director noted that approximately 1,000 trees were severely damaged by frost; that funds are budgeted to replace the trees; that frost tolerant trees will be considered; and that the new tree planting program will be set back by two years. Councilmember Roth moved acceptance. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 91-587 Report from Community Development Director recommending remuneration for Community Improvement Commission (CIC) Members. August 20, 1991 Councilmember Roth stated he was very uncomfortable in considering a $30.00 remuneration rate for CIC Members when considering budget cuts and fee increases, and moved Council not pay $30 per meeting. Councilmember Camicia seconded the motion. Councilman Arnerich suggested the matter be sent back to see if at some future date Council can avoid having to vote on an increase for themselves, and if there is another method [for approval]. The motion was carried by unanimous voice vote - 5. 91-588 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Article 8, Chapter 3, Title II thereof, prescribing Membership, Term of Office, Removal, Qualification, and Voting. (Economic Development Commission) Councilmember Lucas moved introduction of the ordinance. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Councilmember Lucas moved the Port Authority Task Force (PATF) be abolished. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Councilmember Roth moved ordinance include language that membership, terms of office, removal, and qualification of voting shall be set by resolution; directed future "originating" ordinances include language allowing amendments by resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 91-589 Ordinance No. 2564, N.S. "Amending the Alameda Municipal Code, Title IV, Section 4-223 and adding Subsection 4-223.1 pertaining to dogs on School District property." Adopted. Francie Farinet, Alameda, requested Council reconsider passing ordinance; stated cleanup of dogs by owners should be enforced; until a dog park is provided, dogs should still be allowed to use school property. Councilmembers Camicia and Arnerich noted the need for a dog run; Councilman Arnerich stated he would report back on the feasibility of utilizing the lower Washington Park area as a run. Councilmember Lucas moved adoption. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. * * * * * President Withrow moved the appointment of a Youth Representative out of order, at the request of the Social Service Human Relations Board. 91-590 Consideration of appointment of Non-Voting Youth Representative to Social Service Human Relations Board (SSHRB). President Withrow nominated [appointed] Judy Rodriguez, noting the SSHRB submitted her name, which is the usual practice. August 20, 1991 247 AGENDA ITEMS 91-591 Resolution No. 12147 "Appointing Evelyn Stinchcomb as a Member of the City Housing Commission." 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. 91-592 Written Communication from John Barni, Jr., regarding Alameda's Business License Tax. Councilmember Camicia moved acceptance of the letter. Councilmember Roth seconded the motion which was carried by unanimous voice vote - 5. Councilman Arnerich commented that the letter should be taken very seriously, and when finances are in better shape the matter be readdresed. 91-593 Hearing for consideration of proposed amendment to Alameda Municipal Code to change the maximum allowable density to one dwelling unit per 2000 square feet of lot area, within the R-4, R-5, R-6, C-1, C-2, C-M and PD Districts; Introduction of Ordinance "Amending Sections 11-1316(a), 11-1320(b), 11-1324(a), 11-1331(a), 11-1355(b), Article 3, Chapter 1, Title XI of the Alameda Municipal Code relating to Zoning District Densities;" as well as a determination that a Negative Declaration is adequate to identify environmental effects associated with this action. Applicant: City of Alameda. The Planning Director explained the background of the matter. Councilmember Lucas moved acceptance of Negative Declaration. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Councilmember Lucas moved approval of proposed zoning ordinance. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Councilmember Lucas moved introduction of Ordinance amending sections listed. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 91-594 Report from Chair, Economic Development Commission (EDC), regarding the establishment of a Business Retention and Development Program. Helen Sause, Chair, EDC, stated the recommendation is to send 1600 core businesses a letter from the Mayor; the second step will be to expand the EDC subcommittee and work on long-range strategy to attract and retain businesses. August 20, 1991 Councilmember Lucas requested the following statement be added to the Mayor's letter [attachment to report]: "We are grateful that these businesses are in Alameda and provide tax revenue and jobs to Alamedans." Councilmember Camicia moved the recommendation [to authorize the Mayor to send the letter]. Councilman Arnerich seconded the motion. Al Wright, President, Park Street Business Association (PSBA), stated PSBA appreciates Council's concerns for Alameda businesses, urges Council authorize Mayor's letter, and are eager to work with EDC on its Program. The motion carried by unanimous voice vote - 5. 91-595 Report from President, Planning Board and Chair, Economic Development Commission, regarding Joint Committee recommendation on strategy for development of specific plans. Ralph Appezzato, President, Planning Board, noted a joint Committee has been developed between the EDC and Planning Board, and meets regularly; Planning Board and EDC unanimously endorsed strategy presented to Council. Ms. Sause, described the approach of the subcommittee; the public meeting that was held; area wide issues that should be addressed prior to site-specific planning. Councilmember Lucas inquired whether a member of the Historical Advisory Board (HAB) would be of assistance in reviewing historic preservation in the [specific] areas, to which Mr. Appezzato and Ms. Sause responded in the affirmative. Council requested Planning Board and EDC address the matter and report back to Council. Al Wright, Park Street Business Association (PSBA) stated the PSBA Board is pleased with the recommendation; the image desired for the City should be determined, followed by plans for sub-areas; urges Council authorize proceeding as outlined in Joint Committee's report; and is eager to participate in that process. Christopher Buckley, Alameda, endorsed suggestion HAB representative be on the Committee; perhaps a Councilmember should be placed on the Committee; addressed estimate of funding for first year. Councilmember Camicia moved approval. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 91-596 Report from City Manager forwarding City Auditor's Report (No. 91-1) regarding Parking Bureau Violations. Councilmember Camicia moved the recommendation. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. 91-597 Report from Public Works Director recommending postponement of the Doolittle Drive Widening Project and cancellation of the call for August 20, 1991 bids. President Withrow announced the item was pulled from agenda at the request of the City Manager. 91-598 Report from Planning Director regulating the removal of trees on private property. Tim Balvin, Alameda, stated he favors adoption; and a program to maintain trees is important. Katie Braun, Alameda, addressed professional tree removal; rebutted concerns in report; stated survival of trees decades old should not be at whim of property owners or trusted to individual discretion; encouraged Council direct staff to draft a more enforceable tree ordinance, and approve same. Kurt Braun, Alameda, stated trees under discussion are same scale and visual impact on neighborhood as single family home, removal should require community feedback; he proposed design review regulate tree removal permits, staff be directed to draft ordinance it can recommend, and submitted written suggested changes to draft ordinance. Thomas Bowlin, Alameda, stated he came to Alameda because of its beauty and charm; ordinance is necessary, otherwise businesses and property values will be [adversely] affected; and urged Council pass the ordinance. Loma Ellis, Alameda, stated intervention is necessary to save large trees; requested Council require permits to cut trees, and consider that only a few large oaks that once covered Alameda, are left. Gerald Loomis, Alameda, stated an ordinance in place would allow owners an opportunity to give second thoughts to cutting trees; and he solicits Council's support for the ordinance protecting trees. Christopher Buckley, Alameda, stated he works in Oakland's Planning Department, many Bay Area cities have tree ordinances; suggested ordinance apply to trees of most importance; addressed size of trees; rebutted several points in report's Discussion/Analysis; and noted Oakland regulates trimming and is successful with violation remedies. Janice Ahlf, Alameda, noted new apartment house owner on Shoreline Drive removed many large trees which lined the Drive; stated reasonable ordinance to save trees is necessary. Councilmember Camicia stated the ordinance should be sent back to the Planning Board for a revised ordinance that is simpler and provides a good guideline for tree preservation, and so moved. President Withrow stated Alameda pursues values and goals to maintain the City's character and beauty; and to not have a tree ordinance to protect one of City's most valuable assets, is inconsistent. August 20, 1991 250 Councilmember Roth stated, if other cities are looked at, the number of trees being saved, not considered new development, should be determined; number of trees being lost in Alameda should be determined; and property rights of owners should be considered. President Withrow stated there is no question that property rights of owners must be balanced with the rights of the community. Councilman Arnerich agreed the matter should be sent back to Planning Board; more details are needed e.g., size and type of trees; number and names of cities which have ordinances. Councilmember Lucas stated she is not satisfied with the ordinance, does not see a satisfactory resolution to the problem; hopes people will keep good trees and plant more, and educational work [to help accomplish that] would be good; but will not vote for the ordinance. Councilmember Camicia stated his motion is to send the matter back to the Planning Board for a revised ordinance that is simpler and takes into account all of Council's comments. Councilman Arnerich seconded the motion which carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia and President Withrow - 3. Noes: Councilmembers Lucas and Roth - 2. Absent: None. 91-599 Report from Fire Chief regarding consolidation of Fire Stations No. 2 (635 Pacific Avenue) and No. 3 (1703 Grand Street). Councilmember Camicia moved acceptance of report and recommendation [to not consolidate Fire Stations No. 2 and No. 3]. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA 91-600 R. G. Anderson, Alameda, Member, Alamedans for Harbor Bay Ferry Service, urged Council to get the ferry service on Bay Farm Island started immediately. Councilmember Lucas requested the matter be agendized. Councilman Arnerich stated he believes the matter will not be acted on in the courts until late September or perhaps October. Councilmember Lucas stated she would like alternatives explored, a staff report to include status of litigation, City contracting, etc. Councilmember Roth stated he would like information concerning the operators. President Withrow stated he would like the matter agendized for September 3rd. 91-601 Michelle Jordan, Owner, Twilight Zone, requested police foot patrols in the area; in response to Councilmember Lucas, agreed to pay for related costs. August 20, 1991 251 City Manager noted a Written Communication was received from the Twilight Zone and will be agendized for the next Council Meeting. 91-602 Ray Jordan, Twilight Zone, requested an after-hours' permit, and commented such a permit would help solve the problem of large crowds. NEW BUSINESS AND UNFINISHED BUSINESS 91-603 Consideration of Alameda Naval Air Station Base Retention Committee appointments by Councilmember Camicia. Councilmember Camicia appointed Mr. Joe Frenchwood and Francie Farinet to Retention and Strategic Planning Sub-Committees, respectively. 91-604 Consideration of appointments of Members to the Cable Television Oversight Committee. President Withrow noted that Mr. Garvine, representing the School District, determined he had a conflict and could not be reappointed; carried nominations over to a future date. 91-605 Consideration of designating a voting representative, and an alternate, for the League of California Cities Annual Conference in San Francisco, October 13-16, 1991. (Councilmember Lucas) Councilman Arnerich moved to designate Vice Mayor Lucas as Voting Representative, and Councilmember Roth as Alternate Representative. Councilmember Camicia seconded the motion, which carried by unanimous voice vote - 5. 91-606 Councilmember Camicia stated Council received a report [opinion] from Mr. Robert Logan, [Esq.,] not long ago responding to questions from the Bureau of Electricity; in that report Logan states there is a discrepancy between an established ordinance and the Charter; and would like ordinance agendized to clear up the discrepancy. 91-607 Councilmember Camicia requested the Planning Board to look at loosening up [requirements that effect] merchant sidewalk encroachments. 91-608 Councilmember Camicia requested a Personnel Policy be agendized requiring firefighters to sign a form which states touching or tampering with tone-alert systems will be cause for immediate termination. 91-609 Councilmember Roth requested a Special Council Meeting next Tuesday night (August 27th) dealing with Cable TV- and User Fees; and a Closed Session to address appointed officials' evaluations. Councilmember Lucas stated she supports Councilmember Roth's suggestion. Councilmember Camicia suggested 5:00 p.m., August 27th. August 20, 1991 91-610 Councilman Arnerich requested City Staff and the Recreation and Golf Commissions to check records and determine whether any parks have special deed restrictions or covenants. Councilman Arnerich further requested that the Golf and Recreation Commissions check with the California Park and Recreation Society to see if parklands in urban areas can be preserved; if not, a Charter Amendment be considered to allow the voters to determine whether recreational parks should be preserved as public lands. ADJOURNMENT The meeting was adjourned at 9:55 p.m. ectfully sub • DIME B. FE SCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. August 20, 1991