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1990-04-17 Regular CC Minutes118 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA APRIL 17, 1990 The meeting convened at 7:45 p.m. (following the Community Improvement Commission Meeting) with Acting President Arnerich presiding. Councilmember Camicia led the Pledge of Allegiance. The invocation was given by Reverend Doug Henderson. ROLL CALL - Present: Councilmembers Camicia, Withrow, and Acting President Arnerich - 3. Absent: Councilmember Thomas and Mayor Corica - 2. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION(S), if any. Acting President Arnerich announced the following action regarding Closed Session held prior to the regular Council Meeting: 90-253 Labor Relations pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Council gave directions to the City's negotiating team to proceed. 90-254 Guyton v. City of Alameda pursuant to Subsection (a) of Section 54956.9 of the Brown Act: because of the importance of the issue involved, a Special Meeting will be called, by Acting President Arnerich, for Monday [April 23, 1990] at 7:00 o'clock to provide opportunity for attendance by Councilmember Thomas and Mayor Corica. 90-255 Seeterlin v. City pursuant to Subsection (a) of the legal counsel section of the Brown Act: Council discussed the status of the case. CONSENT CALENDAR Acting President Arnerich announced Agenda Items No. 1-A, (90-275) report regarding legal advertising; No. 1-G, (90-276) report requesting rejection of all bids for renovation of the Lincoln Park Recreation Center Patio Area; and No. 1-H (90-277) report recommending rejection of all bids for Police Administration Building reconstruction, were removed from the Consent Calendar to the regular agenda upon request of the public. Councilmember Withrow moved approval of the remainder of the Consent Calendar. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 3. [Note: Consent Calendar Item No. 1-L, *90-264, Introduction of ordinance authorizing sale of surplus ].and, was not introduced because a four-fifths vote was required, and only three Councilmembers were present.] Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *90-256 From Public Works Director recommending adoption of plans April 17, 1990 119 and specifications for street and storm drainage improvements at the southwest corner of Everett Street and Blanding Avenue, No. P.W. 10- 89 -18. Accepted. *90 -257 From Public Works Director recommending adoption of plans and specifications for bids for the construction of Catalina Avenue widening, Fontana Drive to Fir Place, No. P.W. 11- 89 -22. Accepted. *90 -258 From Public Works Director recommending acceptance of improvements and release of bond for Tracts 4288, 4290, 4499, 4540, 4543, and 4544. Accepted. *90 -259 From Finance Director submitting Investment Report for period ending March 31, 1990. Accepted. *90 -260 From Finance Director submitting Quarterly Financial Report for period ending March 31, 1990 and Sales Tax Quarterly Report for period ending December 31, 1989. Accepted. *90 -261 From Community Development Director recommending adoption of Rental Rehabilitation Tenant Assistance Policy. Accepted. RESOLUTIONS *90 -262 Resolution No. 11949 "Authorizing application for Fiscal Year 1990 -91 Rental Rehabilitation Grant Funds and authorizing execution of Certifications and Grant Agreement." Adopted. *90 -263 Resolution No. 11950 "Authorizing application to the California Energy Commission for a Streetlight Conversion Loan." Adopted. INTRODUCTION OF ORDINANCES *90 -264 Ordinance No. , N.S. "Authorizing the sale of surplus land located at Calhoun Street and Fernside Boulevard." Not introduced. [Requires four- fifths vote but only three Councilmembers were present.] BILLS *90 -265 A List of Claims, certified by the City Manager as correct were ratified in the sum of $3,409,662.15. MINUTES Councilmember Camicia moved approval of the minutes of the Regular Council Meeting of April 3, 1990, and Special Council Meetings of March 26, 1990 and March 27, 1990. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 3. SPECIAL ORDERS OF THE DAY 90 -266 Proclamation declaring April 22, 1990, as Earth Day and the April 17, 1990 0 week of April 23, 1990, as National Celebration of the Outdoors Week. Acting President Arnerich commented that the proclamation will be read by Mayor Corica at a ceremony at 12:00 p.m. to 2:00 p.m., April 20, 1990, at Buena Vista Park to which City employees and the public are invited to attend; and further commented the Twentieth Anniversary of Earth Day is significant and everyone should do whatever possible to help maintain an ecological balance. * * * * * * * * By consensus of Council, the resolution regarding KQED, was taken out of order. 90 -267 Resolution No. "Authoriz bonds in an amount not to exceed $20, certain facilities of KQED, Inc. of related actions." Tabled. Councilmember Withrow commented only attendance, one is required to abstain, a quorum to address the issue; and he next Council Meeting. ing the issuance of revenue 000,000 in order to finance San Francisco and approving three Councilmembers are in therefore there will not be tabled the resolution to the WRITTEN COMMUNICATIONS 90 -268 From Mayor, City of Agoura Hills, requesting support of Senate Bill 2067 which would establish a pilot project to allow the placement of freeway logo signs for traveler- related businesses along Route 101, between Calabasas and the City of Camarillo. Councilmember Withrow moved approval. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 3. 90 -269 From C.A. Millman, Alameda, regarding the Bayview Shoreline Enhancement Project, No. P.W. 8 -88 -12 and Section 3 -15 of the City Charter as it relates to negotiating in the open market. Charles Millman, 3916 Bayview Drive, expressed concern regarding contract awarded on open market purchase following rejection of bids. Councilmember Camicia moved acceptance of the communication. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 3. 90 -270 From Rosalie B. McPherson, Alameda, regarding airport noise (AB 4135 and SB 2405) and protection against Oakland Airport expansion plans. Rosalie B. McPherson, 1128 Marianas Lane, noted SB 2405 had been amended; requested Council strongly oppose AB 4135 and communicate opposition to the Assembly Judiciary Committee Members in addition to other City representatives before the Committee meeting on May 9th; and that a City representative attend the Sacramento hearing on that date. April 17, 1990 121 Acting President Arnerich stated Council would be looking forward to getting information on both bills. Barbara Tuleja, 22 Purcell Drive, supported Ms. McPherson's comments; noted it was only by happenstance she learned of the two Bills; and therefore requested Council for an arrangement whereby the City would be advised of proposed Bills that could take rights away. Don Roberts, 880 Portola Avenue, supported the remarks of the two previous speakers and pointed out that, had there not been any small claim actions filed against the San Francisco Airport, there would probably not have been a ban of the older, noisier jets at that field. In response to Councilmember Withrow's question regarding the City's knowledge of the League of California Cities' review of Bills, the City Manager reviewed the procedure followed by the League and City staff. Councilmember Withrow further discussed the amount of information received on the subject Bills, and participation of the City's Assembly representative. In response to Acting President Arnerich's question regarding notification of Bills, the City Manager noted there is a new service currently being installed called CITYLINK which allows the City to be connected by computer to the League for instant information. Councilmember Camicia suggested the use of a bill tracking service; requested that bills regarding airports, airport noise and aircraft be provided to Council; requested staff develop a strategic plan to help fight any upland runway, and to find a noise and safety expert to replace former consultant to City and School District. Councilmember Withrow stated he supports Councilmember Camicia's remarks and particularly endorses the idea of provision of a strategic plan that identifies objectives, goals and strategies, and assigns responsibilities. Councilmember Camicia suggested the letter be accepted, staff prepare a resolution opposing AB 4135, take an extended look at SB 2405 and determine if a resolution can be prepared in opposition, subject to review by the City Attorney to determine compliance with the 1976 Settlement Agreement, and so moved. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 3. HEARINGS 90 -271 Consideration of Fiscal Year 1990 -91 proposed Statement of Community Development Objectives and Projected Use of Funds and related reprogramming of prior years' funds. Acting President Arnerich explained the procedure of the hearing. April 17, 1990 1 2 The public portion of the hearing was opened. On the call for proponents, the following persons spoke: Vicki Sedlack, 2104 San Antonio, Christ Church, spoke in favor of keeping the Midway Center for the homeless open. Robert Von Colditz, 233 Brighton Court, noted a great deal of money was put into opening the Midway shelter; believes there should be an allocation of at least the same amount as last year. Sue Olmsted, 1117 Holly Street, Volunteers of America, expressed concern regarding Midway Center, that there needs to be long range planning and goals. Christopher Buckley, 1017 San Antonio Avenue, Alameda ReLeaf, expressed support for the street tree component of the upcoming Community Development Program. John Scott Graham, 1728 Tregloan Court, questioned if funds for affordable housing are being diverted to programs that do not qualify for the funding. The public portion of the hearing was closed. The Community Development Director explained qualifying factors and noted a large sum of money is being devoted to housing - related programs. To Acting President Arnerich's question concerning reallocation of funding, the Community Development Director responded priorities must be changed but it is only in the public service area where critical substitution must be made; and added there is a scheduled meeting on April 18 with the Volunteers of America regarding funding. Councilmember Camicia stated the homeless center has been very successful, he has not heard any complaints about it; and he would like to see some of the funding under discussion allocated for the Center. Councilmember Withrow discussed with the City Manager what other funding sources might be available for programs like Midway Center, and the procedure to be followed if Council requested funds to maintain the Midway Center. Councilmember Withrow moved to approve the priorities established contingent upon staff returning to Council with a plan that would be a feasible means of maintaining Midway Center. Councilmember Camicia seconded the motion. The City Manager commented the staff report will be brought to Council by the May 15 Council Meeting with a plan and source of funding for the Midway Center. The motion was carried by unanimous voice vote - 3. April 17, 1990 3 APPEALS 90 -272 Consideration of Appeal of Planning Board decision to deny Use Permit, UP- 89 -21, to allow the establishment of an attorney's office as required in Zoning Ordinance Section 11- 1319(a), and Variance, V -89 -9, to allow the provision of nine parking spaces for an attorney's office, whereas ten off - street parking spaces are required under Zoning Ordinance Section 11- 14C5(c)(2). The office would be located within a R -5, General Residential District at 2156 Central Avenue. Applicant /Appellant: William J. Berg. James Kennedy, 2447 Santa Clara Avenue, attorney for William J. Berg, stated that because three Councilmembers must vote to approve or deny the Appeal, it is important the matter be considered while the full Council is present; and he would like a continuance because of the importance of the matter. The City Attorney stated there are two issues Council must address: 1) Charter Section 3 -4, that the City Council must act by three votes, either for or against; and 2) whether or not to allow any speakers on this item at all. The past practice of the Council has been, on zoning appeals, to limit them solely to the record and to not allow speakers. In response to Acting President Arnerich, the City Attorney explained the procedure and advised the Council to follow their past procedure and not allow speakers, if they choose to hold the hearing. Councilmember Camicia stated he would not be opposed to tabling the matter to a future meeting, unless there are a number of people present who want to hear it. In response to Councilmember Withrow's request for clarification, the City Attorney replied she was informed that it was the past practice of Council to not allow speakers, and noted there is another section of the Municipal Code that addresses Appeals in general which states that Council may allow speakers; and added that the impact of allowing speakers would be changing the review of the record to a review of the record plus new evidence. To Acting President Arnerich's question concerning Appellant's request to continue the matter, the City Attorney stated an Appellant can request a continuance and the Council in its discretion may grant Mr. Kennedy's request. Councilmember Camicia stated he would have no problem continuing the matter. Councilmember Withrow stated he recognizes the past practice of not allowing speakers, but in this particular case is bothered by precedence that would be set; concerned with some of the guidelines that would be established with respect to new Housing Element, parking and infrastructure within the City; is not sure it would be healthy reviewing tapes in an appellate court -type process; and proposed a hearing on the issue. April 17, 1990 12 Councilmember Camicia requested staff develop a report on the matter. Following Council discussion, the City Manager stated on Monday, April 23 [Special Council Meeting subsequently rescheduled for April 24], staff will provide Council with information on the pros and cons of an Appeal vs. a Hearing and schedule the matter [UP -89 -21 and Variance 89 -9] for the next [regularly scheduled Council] meeting or for a meeting at which time the Appellant can be present. Councilmember Camicia so moved. By consensus, Council determined a motion was not necessary, and directed staff to proceed as indicated. Bill Wire, 2153 Central Avenue, stated he does not understand all the ramifications, and asked for clarification. The City Manager stated he would notify the speakers in writing concerning if and when they may speak on this issue. Councilmember Camicia clarified the procedure of the appeal would be discussed at the Special Meeting, and the Berg Appeal would return to Council at the May 1, 1990, Council Meeting. 90 -273 Consideration of Appeal of Planning Board approval of Negative Declaration (IS- 89 -16) and Planned Development Amendment, (PDA- 90 -1), for the removal of 31 Poplar Trees and 10 Weeping Willows from the common area of Lantern Bay, Harbor Bay Isle. Applicant: Lantern Bay Homeowners' Association. Appellant: Mr. Robert Wood. Councilmember Camicia stated the same subject applies as in the previous Appeal; he is not sure that Council should take speakers and the matter will be addressed at the Special Meeting. Councilmember Withrow stated he is comfortable to go forward with or without speakers. Councilmember Camicia stated he believed both Appeals should be held over until Council determines whether the future policy will be to allow, or not allow, speakers; and noted the Appellant is not present. The City Manager stated he was informed the Appellant was unable to come to Council Meeting tonight but did not ask for the matter to be held over. In response to Acting President Arnerich, the City Attorney stated Council may wish to continue the matter to afford the speakers the option of benefitting from the Council's potential new redirection. The City Manager noted staff would provide what precedents may be set in the future by making changes to such issues. Councilmember Camicia clarified that Council is requesting a review April 17, 1990 of the decision - making process to see if a change is and the two Appeals be agendized at another time. Councilmember Withrow moved continuance of the matter 1990, Council Meeting. Councilmember Camicia seconded which was carried by unanimous voice vote - 3. REPORTS AND RECOMMENDATIONS 125 appropriate, to May 1, the motion 90 -274 From Public Works Director regarding alternatives for parking within the Park Street area. Diane Coler -Dark, 2847 Jackson Street, discussed alternatives to parking needs, noted lot revenue is not stated [in the staff report], merchants can pledge yearly parking for themselves and their employees, Long's, Alameda Theatre and Outback property owners have expressed an interest in a public /private venture therefore staff could talk to them; hiring an engineer and $32,000 [to develop a conceptual site plan for the Linoaks area] seems like a lot to ask Council to buy into at this time; and believes Council needs more information for a decision of this type that has such an impact on the future needs of the area. Gertrude Woods, 1247 Sherman Street, stated she agrees with Ms. Coler - Dark's statement, more study needs to be done; a view, from the new Library's reading room and Children's Library, of a parking garage instead of the Oakland hills, might jeopardize the application for funding; considering parcels the City does not own for parking would also jeopardize the Application because a complete package must be sent to the State and it takes more than a year to obtain properties; the current Children's Library building is on a 52 x 150 lot which should be explored as a possible City employee parking lot as the City already owns it; requested communication between engineering department, Library and architect if acquisition of properties adjacent to Library are to be discussed; and she would like to see a plan identifying the civic center and goals for the center and incorporation of the parking structure into that. The City Manager reviewed the needs for parking, and the procedure that would be followed if Council approves the recommendation. The Public Works Director stated all locations have been looked at, more space is needed than is on the library site, there is a need to hire appropriate consultants, and it is the intent to work with both groups represented by speakers. Councilmember Camicia moved recommendation and stipulated that areas commented on by Ms. Coler -Dark and Ms. Woods be explored. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 3. 90 -275 From City Clerk recommending authorization to call for bids for legal advertising for the City of Alameda for Fiscal Year 1990 -91. John Scott Graham, 1728 Tregloan Court, requested all newspapers in April 17, 1990 126 the Greater Bay Area be allowed advertising. Acting President Arnerich commented general circulation published in the other qualifications. to submit bids for legal that newspapers must be of City of Alameda, and noted Councilmember Withrow moved approval. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 3. 90 -276 From Recreation and Parks Director recommending rejection of all bids for renovation of the Lincoln Park Recreation Center Patio Area No. P.W. 10 -89 -20 and approval for re- bidding of the project. Councilmember Camicia moved approval. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 3. 90 -277 From Chief of Police recommending rejection of all bids for building reconstruction: Alameda Police Administration Building, No. P.W. 8- 89 -14; and requesting approval for re- bidding the project. John Arntz, 3855 Cypress, J. W. & Sons, stated he is a general contractor and low bidder on the Police Station, the bid was submitted in good faith, he believes the job cannot be done more economically, requested Council reconsider its initial recommendation, inquired about Council's position on allowing a bidder that was deemed non - responsive submit a bid on a re -bid, should one occur; and believes it is wrong to re -bid the project for the only purpose of giving a non - responsive bidder a second chance to submit a bid. Carole Chadimer, 1119 Industrial Road, San Carlos, owner of One -Way Electric, electrical contractor with low bidder J.W. & Sons, stated the grounds for rejecting the bids has not been explained, apparently there is not going to be a change of the scope of the work, and if there is not substantial change, there should not be a re -bid; there were nine contractors and eight were within a small percentage of each other; noted list of expenses to City and contractors related to bidding; and added if the City puts this back out without changing scope of work it is very much like shopping a bid. Chief Shiells stated the lowest responsible bidder was $220,000 over the estimated cost of the project; the intent is to stay within budget; the architect is working on ways to reduce the cost; and a bidders conference will be held for interested contractors to further explain the various elements of the project. The Public Works Director stated his staff has worked closely with the Police Chief and the architect on the project, reviewed all the bids, met to determine the best policy for the City and concurs with the recommendation that this project be re -bid, changed in scope and clarified, so the City may obtain a proper bid within budget. April 17, 1990 127 The City Manager stated possibly there is a misconception that the purpose of re- bidding is to try to allow another chance for the non - responsive bidder; however, the reason for re- bidding is that the bidding was beyond the budget. Councilmember Withrow moved the recommendation of the Chief of Police be accommodated and the project be re -bid. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 3. In response to a question from the audience regarding whether the non - responsive bidder would be allowed to bid, the City Manager suggested the question should be addressed by the City Attorney and the bidder. RESOLUTIONS 90 -278 Resolution No. 11951 "Approving issuance of Multifamily Housing Refunding Revenue Bonds for a project developed by the Housing Authority of the City of Alameda." Adopted. Madelyn Murphy, 2618 Janis Circle, questioned what a multifamily housing revenue bond is, as she is not familiar with the term multifamily. The Executive Director, Housing Authority, replied "multifamily" basically means an apartment complex, and in this case, the bonds are tax exempt bonds that were sold to finance the Eagle Avenue Project in the early 1980s when interest rates were very high, and basically the project is being refinanced for a much lower interest rate which should save the government money and subsequently save money in rents that may be charged to amortize the mortgage. Acting President Arnerich further discussed the refinancing, and rents with the Executive Director. Councilmember Camicia moved adoption Councilmember Withrow seconded the motion. by unanimous voice vote - 3. 90 -279 Resolution No. 11952 "Supporting Employment Service." Adopted. of the resolution. The motion was carried Alameda Summer Youth Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 3. 90 -280 Resolution No. 11953 "Resolution of Intent approving an Amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Alameda." Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 3. April 17, 1990 128 INTRODUCTION OF ORDINANCES 90 -281 Ordinance No. Contract between the Employees' Retirement Alameda." Introduced. , N.S. "Authorizing an Amendment to the Board of Administration of the Public System and the City Council of the City of Councilmember Camicia moved introduction of the Councilmember Withrow seconded the motion which was unanimous voice vote - 3. NEW BUSINESS ordinance. carried by 90 -282 Councilmember Camicia requested the City to take action if construction equipment at the corner of Fernside Boulevard and San Jose is not removed by the date indicated on a recent citation. 90 -283 Councilmember Camicia requested the Cable Oversight Committee to report on when Sports Channel, a new cable service, will be available and why it is not available now. 90 -284 Acting President Arnerich stated he has received numerous complaints on vehicles which park across curbs, sidewalks and corners and would like laws prohibiting such parking strictly enforced. 90 -285 Acting President Arnerich requested Section 2 -117 of the Alameda Municipal Code, RULES OF ORDER, Item No. 5, ORAL COMMUNICATIONS, GENERAL, be limited to non - agenda items. ORAL COMMUNICATIONS, GENERAL 90 -286 Don Roberts, 880 Portola Avenue requested the Council to adjourn in memory of Donald M. Roderick, Superintendent of the Alameda Unified School District from 1952 to 1971. 90 -287 John Barni, Sr., 1380 East Shore Drive, requested that the City fly the flag at half mast for the remainder of the week in honor of Donald Roderick. ADJOURNMENT 90 -288 Acting President Arnerich adjourned the meeting in memory of Donald Roderick, Superintendent of the Alameda Unified School District from 1952 to 1971, at 9 :55 p.m. The agenda for the meeting was accordance with the Brown Act. April 17, 1990 Respectfully submitted, DIANE B. FELSCH, CMC City Clerk posted 72 hours in advance in