1989-11-21 MinutesSPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
NOVEMBER 21, 1989
The meeting convened at 7:10 p.m. with President. Corica
presiding.
ROLL CALL
Present:
Councilmembers Arnerich, Thomas, Withrow, and
President Corica - 4.
Absent: Councilmember Camicia - 1.
89-871 President Corica adjourned the meeting to a Closed Session
to consider:
a) Worker's Compensation Claim of Douglas D. Flood, pursuant to
Subsection (a) of the legal counsel section of the Brown Act.
[President Corica announced during the Regular Meeting of the City
Council which convened at 7:30 p.m., regarding the Worker's
Compensation Claim of Douglas D. Flood, the claim was discussed
but no action was taken.]
ADJOURNMENT
There being no further business to come before the Council,
President Corica adjourned the meeting at 7:15 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for the meeting was posted in accordance with the
Brown Act.
November 21, 1989
34E
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
NOVEMBER 21, 1989
The meeting convened at 7:30 p.m. (following the (Community
Improvement Commission) with President Corica presiding. -
The Pledge of Allegiance was led by Councilman Arnerich and the
Reverend Robert Keller gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Thomas, Withrow,
and President Corica - 4.
Absent: Councilmember Camicia - 1.
MINUTES
Councilman Arnerich made a motion to approve the minutes of the
Special Council Meeting of November 2, 1989, the Special Council
Meeting of November 7, 1989, and the Regular Council Meeting of
November 7, 1989. Councilmember Withrow seconded the motion which
was carried by unanimous voice vote - 4.
Mayor Corica announced the presence of Cub Scout Pack No. 8 in the
audience, requested they stand for recognition, and commended them
for their interest in City government.
Mayor Corica announced the Fire Department is concerned about the
use of fireplaces during the holiday season, noting many fireplaces
have sustained damage because of the earthquake, and requested the
public exercise caution and refrain from using fireplaces if any
cracks are detected.
Announcement by Mayor of Closed Session action(s), if any.
Mayor Corica announced that at the Closed Sessions during the
Special Meetings noted below, the following action was taken.
89 -872 At the Special Meeting held November 14, 1989, at 6:00 p.m.,
regarding the 1082 Pension Improvement Committee, the results of
the 1082 Pension Committee was announced, the matter was discussed
but no action was taken.
89 -873 At the Special Meeting held November 14, 1989, at 6:00 p.m.,
regarding pending litigation between the City of Alameda and the
Port of Oakland, the status of the matter was discussed.
89 -874 At the Special Meeting held November 21, 1989, at 7:10 p.m.,
regarding the Worker's Compensation Claim of Douglas D. Flood, the
Claim was discussed but no action was taken.
November 21, 1989
347
CONSENT CALENDAR
At the request of Donald Kanare, 2610 St. Margaret Court, agenda
item No. 1 -H, resolution readopting Housing Element for the
Alameda General Plan (See 89 -903), and at the request of
Councilmember Withrow, agenda item No. 1 -G, resolution proclaiming
continuing state of emergency (See 89 -902), were removed from the
Consent Calendar and placed on the Regular Agenda.
At the request of Councilmember Thomas, agenda items No. 1 -C,
resolution authorizing agreements as defined in Development
Agreement with Harbor Bay Isle (See 89 -901), No. 1 -J, resolution
authorizing issuance of bonds (Assessment District 89 -1) (See
89 -904), No. 1 -K, resolution authorizing application for grant for
Shoreline Park project (See 89 -905), and No. 1 -N, Bills to be
ratified (See 89 -906), were removed from the Consent Calendar and
placed on the Regular Agenda.
Councilmember Withrow moved approval of the remainder of the
Consent Calendar. Councilman Arnerich seconded the motion which
was carried by unanimous voice vote - 4.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*89 -875 From City Manager regarding meter free parking prior to
December holidays. Approved.
*89 -876 From Finance Director regarding investments for period
ending October 31, 1989. Approved.
RESOLUTIONS
*89 -877 Resolution No. 11881 "Authorizing execution of a Lump Sum
Operating Agreement with Security Pacific National Bank." Adopted.
*89 -878 Resolution No. 11882 "Authorizing open market purchase of
one Ground Master 580 -D mower for Parks Division." Adopted.
*89 -879 Resolution No. 11883 "Adopting Plans and Specifications
identified as No. M.S.P. 11 -89 -1, calling for bids for one
ambulance for the Fire Department and directing City Clerk to
advertise same." Adopted.
*89 -880 Resolution No. 11884 "Authorizing purchase of tax
defaulted property, south end of Sherman Street. (APN
74- 1270- 63 -2)" Adopted.
FINAL PASSAGE OF ORDINANCES
*89 -881 Ordinance No. 2459( N.S. "Amending the Alameda Municipal
Code by amending Chapter 1 of Title VII thereof to limit the number
of taxicab permits in the City of Alameda." Adopted.
*89 -882 Ordinance No. 2460, N.S. "Amending Title XVII of the
November 21, 1989
34
Alameda Municipal Code for a u -turn prohibition at the intersection
of Encinal Avenue and Fernside Boulevard." Adopted.
* * * * * * * * **
Councilman Arnerich requested the resolution appointing Cable
Television Oversight Committee member be taken out of order. By
consensus, Council agreed.
89 -883 Resolution No. 11885 "Appointing Ronda C. Cohn as a member
of the Cable Television Oversight Committee." Adopted.
Councilmember Withrow moved adoption of the resolution.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 4.
The City Clerk administered the Oath of Office.
WRITTEN COMMUNICATIONS
89 -884 Peter Bluhon and Barbara Rice, San Francisco, Bay Area Ridge
Trail Council, requesting adoption of a resolution supporting the
Bay Area Ridge Trail project.
President Corica stated if Council decides to support the project,
a resolution should be prepared for the next meeting.
Councilman Arnerich moved approval of staff's recommendation [to
adopt a resolution at the next Council Meeting]. Councilmember
Withrow seconded the motion which was carried by unanimous voice
vote - 4.
89 -885 From Ron Lappa, Alameda, suggesting building permits be
withheld for homes in Village V, Harbor Bay Isle, until school
issue is resolved.
Bruce Young, Alameda Alliance of Homeowners, 328 Capetown Drive,
stated there is a need for everyone, including the School Board, to
get together in a joint effort to find a solution to the problem.
Roxanne Clement, 124 Cork Road, Chairperson of School /Park Site
Committee, Harbor Bay Homeowners' Board, urged Council, School
District and Doric to work together aggressively in a timely
fashion to provide a neighborhood elementary school as close as
possible to the proposed 1990 date.
George C. Skezas, President, Board of Directors, Community of
Harbor Bay Isle, 23 Barnegate Bay, stated there is an urgent need
to open the proposed school in the fall of 1991; requested the
City act vigorously to ensure the school will open on time; would
like the community of HBI represented in discussions regarding the
school site.
President Corica stated it was impossible to include homeowners in
a Closed Session, however, they would be kept informed of actions
taken. President Corica commented he had not received anything
November 21, 1989
from the District, therefore the Council must move forward.
Ron Lappa, 140 Gainsborough Court, stated he believes Caltrans has
been inconsistent in judgment; agrees with staff's recommendation
in terms of the City staying involved; the schools are already
overcrowded; the School Board must have title to land it can build
on; and hopefully the City can help to encourage the Port of
Oakland to produce a plan.
President Corica stated it may be necessary to withhold building
permits as Mr. Lappa suggested until Council knows exactly where
the site will be.
Councilmember Withrow stated that he agrees wholeheartedly, across
the board, with the Mayor; Council should express a commitment
that there is going to be a school or there won't be any further
[building of] houses in Harbor Bay Isle; it is not a matter of
"if" but "how," and that should be expressed to all interested
parties involved, including the Port, Caltrans and the Airport.
Councilman Arnerich stated Council will pursue vigorously, to the
utmost of its ability, legally and every way, the completion of the
school arranged for in the Settlement Agreement; Council is
committed and will work as quickly as possible.
Councilmember Thomas stated the issue is the construction of a
school; the School Board must get approval for the school site;
discussed the School District bond issue and funds available to the
District; the need of a concerted effort between the School Board,
City and legal counsels; all permits should be halted, it is an
emergency, a site should be found, a school built and until then,
there should be no other building, and she would like the matter
[building moratorium] to come back before Council.
Councilmember Withrow suggested Council invite the Board of
Education to a joint meeting with the City Council on Thursday,
November 30th, 7:30 p.m., to discuss the construction of a school
for operation in the fall of 1991.
Councilmember Thomas stated she would like to see a designated
representative of the Council meet with Caltrans, Port of Oakland,
Developer, Attorneys, and School District in a Closed Session; and
that a moratorium be brought before the Council if the matter is
not resolved by the next Council Meeting.
President Corica stated he believes both recommendations are good,
but he leans towards a Closed Session so participants can freely
negotiate.
Councilmember Withrow stated he does not care if the meeting is
closed or open; but he believes Council should take the initiative
to pull the School Board and the City Council together and provide
a unified front.
Councilman Arnerich stated the Board's position has not been made
clear; they should be called in and should bring their records.
November 21, 1989
Councilmember Withrow stated there needs to be a united front; the
School Board and Council should come together; produce an agenda
and strategy to pursue the goal of constructing a school.
President Corica responded that he was trying to save two weeks
time; however, if Council wishes to meet with the School Board in
two weeks, in open session, that would be fine.
Councilmember Thomas stated there could be concurrent meetings,
however, believes that would take time and prefers reports back by
the next Council Meeting.
The City Attorney stated there is a meeting scheduled between
attorneys for developer, Port, and School District for purpose of
developing a strategy to refute the findings by Caltrans and she
could report back on the meeting, or could request a Councilmember
be brought to the meeting.
President Corica suggested Council wait for the City Attorney's
report, and following the Special Meeting on November 30th the
Council determine which parties will meet in the Closed Session.
Councilmember Withrow noted if the matter is resolved prior to
November 30th, the Special Meeting be cancelled, and moved
acceptance of the letter. Councilman Arnerich seconded the motion
which carried by unanimous voice vote - 4.
89 -886 From Gerhard Degemann, Alameda, requesting endorsement of
rebuilding the San Francisco Embarcadero Freeway.
Gerhard Degemann, 19 Sandpiper Place, expressed his concerns;
agreed with staff report to wait for the Metropolitan
Transportation Commission (MTC) recommendation regarding the
Embarcadero Freeway; and as soon as the recommendation is
received, suggests Council lobby the MTC for rebuilding or whatever
is necessary for use of the Embarcadero Freeway for traffic.
Councilman Arnerich moved acceptance of the [staff] recommendation.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 4.
HEARINGS
89 -887 Consideration of a Planning Board recommendation for
approval of Zoning Text Amendment (ZA- 89 -3), amending Section
11- 14B13(q) of the Alameda Municipal Code, to permit flag poles to
exceed the 25 -foot height limit upon approval of a Design Review
application. Applicant: Vince Mackel.
President Corica announced the procedure of the hearing.
The Planning Director explained the background of the matter.
The public portion of the hearing was opened.
November 21, 1989
351
On the call for proponents, the following person spoke.
Vincent Mackel, 1620 Dayton.
On the call for opponents, there were none.
President Corica closed the public portion of the hearing.
Following brief discussion on the height of poles, Councilmember
Withrow moved approval. Councilman Arnerich seconded the motion
which was carried by unanimous voice vote - 4.
Councilmember Thomas moved to take the related ordinance out of
order. Councilmember Withrow seconded the motion which was carried
by unanimous voice vote - 4.
89-888 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by amending Section 11-14B13(q) of Chapter I, Title IX,
thereof, relating to flags."
Councilmember Thomas moved introduction of the ordinance.
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 4.
REPORTS AND RECOMMENDATIONS
89-889 From President, Public Utilities Board, concerning Finance
Committee recommendations regarding the Bureau of Electricity.
Don Roberts, 880 Portola Avenue, Finance Committee Member, stated
there had been communication with a Bureau representative and with
the City Manager who is a member of the Board; and believes the
Finance Committee proposals are quite modest.
Councilman Arnerich commented information should always be gathered
from a department to determine the reasoning behind setting a fee.
Councilman Arnerich moved acceptance of the report. Councilmember
Withrow seconded the motion which was carried by unanimous voice
vote - 4.
89-890 From City Manager regarding in-lieu fees for Neptune Plaza
Development.
Ken Dorrance, 1929 Broadway, stated he believes the development is
not solving concerns of people in the West End; Bonfare Markets'
prices are high; a laundromat and a video store are being added
when there are a number of others on Webster Street and in the
City.
Gerhard Degemann, 19 Sandpiper Place, questioned what the parking
fees are, to which the City Manager responded there is a proposal
to waive the parking fees if the developer provides a grocery store
and butcher shop satisfactory to meet the needs of the residents in
that area.
November 21, 1989
352.
John Doherty, 1329 Weber Street, stated Bonfare Market is not a
full - service grocery store, and will not meet the needs of the West
End.
President Corica stated a butcher shop should be incorporated into
the store, as originally discussed; that the agreement was for a
market between 6,700 and 11,000 sq. feet in size.
Don Kaplan, Bonfare Market, stated that an independent store in the
size being requested cannot economically exist in the area under
discussion.
President Corica stated he will not support anything less than 6700
square feet, and if a butcher shop is not incorporated into the
store, he will not support it.
Councilman Arnerich stated he will be reviewing the Bonfare Markets
with several merchants from Webster Street before he makes his
decision; and noted that persons who have already reviewed the
store stated it is a nice market but lacks produce, meat, and
adequate size.
Councilmember Thomas stated she believes the store is a good one
and will benefit the West End but does not believe it is worth
$250,000 in revenue to the City, or would serve all needs of the
community; there are many needs of the City in connection with
transit systems, e.g., shuttle systems, that can use the money;
there are alternatives, e.g., Farmers Markets which ease produce
needs in communities and would like the Community Development
Department to find a location for a Farmers Market in the West End.
Councilmember Thomas also noted that there should be a butcher
store.
Councilman Arnerich moved acceptance of the report and
recommendation, with the wording that "we [Council] accept the
concept."
The City Manager clarified the recommendation is to accept the
concept of the market only if it includes a butcher shop, and not
to prorate any kind of credit for a partial size that is less than
the 6700 square feet recommended.
President Corica suggested acceptance of the report only; he will
not vote for the recommendation as he believes the store should be
larger; someone may offer what Council wants, or Bonfare Market
may wish to propose a larger store with a meat market.
Councilman Arnerich amended his motion to accept the report for
further study, until Council can look at the Bonfare Markets; and
not the recommendation to accept the concept.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 4.
Councilmember Thomas requested staff investigate the feasibility of
a Farmers Market in the West End and report back.
November 21, 1989
89 -891 From City Manager recommending declaring intent to use
affordable housing fund money to offset expected deficit in
operating a winter shelter.
Bonnie Moore, 627 Lincoln, No. 22, Homeless Task Force, stated the
homeless need shelter for the winter, and if Council can provide
shelter, it would be greatly appreciated.
Dorothy Kimbrell, 400A Whitehall Road, Twin Towers United Methodist
Church, commended Council for proposing this action; and stated
many persons at Twin Towers who had wanted to house a shelter on
that property, would be willing to assist with personnel, time,
effort, and some funding.
Rod Murray, 1911 Santa Clara Avenue, Chairman, Outreach Commission,
Twin Towers United Methodist Church, discussed a study completed in
February on homelessness; noted many homeless are not visible;
many have been made homeless by the earthquake; everyone should
share in helping each other; commended Council's efforts to create
a shelter and stated he believes many churches will help.
Billie Trujillo, 414 Fairway Place, Housing Commission, Member,
stated the Commission held a special meeting earlier in the evening
to discuss the City's Affordable Housing Program, and after
consideration, the Commission voted unanimously to support the
recommendation to the City Council.
Phyllis Marshall, 2855 Jackson Street, Alameda Homeless Task Force,
subcommittee, Social Service Human Relations Board, stated the
Board supports homeless relief and the Task Force's priority has
been for a shelter; the shelter is much needed, the site is
excellent, and there are many people who are willing to help.
President Corica commended the City Manager on his idea of a site
for the shelter.
Francie Farnet, 2404 Santa Clara Avenue, stated she believes the
issues of homelessness and shelter have not been thoroughly
researched, many homeless are not Alameda residents; suggested
shelter housing should be contingent upon some kind of community
service work, e.g., helping at Food Bank, picking up trash, etc.
President Corica stated Ms. Farnet made some good comments;
similar thoughts regarding homeless persons were expressed to him
at an emergency meeting he attended with Mayors of Oakland and San
Francisco; one concern he has is how the last residence of the
homeless can be established; and would prefer when the shelter is
filled, a waiting be established.
President Corica stated the United Pilipinos of Alameda (UPA) have
done a very good job with their shelter and inquired if that
organization might be willing to expand its services to take care
of the new shelter.
The City Manager responded the intent is to use a proven provider;
November 21, 1989
354
and will request the UPA at their Board Meeting on December 1st to
consider operating the shelter for the City.
Councilmember Withrow commented on a Berkeley leader, a Lutheran
minister, who is knowledgeable and puts together a program to
provide therapy and rehabilitation; believes it would be
beneficial to have the Berkeley group come in.
In response to Councilmember Withrow's questions on who would be
brought into the shelter, who would work with the homeless, and who
would provide assistance, the City Manager responded that
selections would probably begin by referrals from the existing UPA
shelter, then review of information from the Homeless Network and
the Homeless Task Force; medical and psychiatric assistance would
be on a referral basis.
In response to Councilmember Thomas's inquiry if the Police
Department had input regarding the number of homeless in the
community, Police Captain Mannix stated 30 -bed shelter would touch
the problem although it would not completely satisfy the problem.
Ms. Marshall stated during one week in February, 542 persons in
shelters named Alameda as their last place of residence.
Councilman Arnerich stated Alameda must take care of its own
homeless, cannot take care of the whole area, sheltering should not
be a handout; the homeless must be willing to help themselves;
Council will take a hard look at the City Manager's proposal, see
if there can be appropriate housing for Alamedans.
Councilmember Thomas stated that she believes homelessness is a
social issue, not a municipal issue; is concerned because of
potential liability; questioned if the shelter will be
co- educational, if there will be supervision, what are the proposed
limits for the number of nights; believes it is the responsibility
of experts in the field to come forward and Council should then do
whatever possible financially, but should not take responsibility
without the expertise; she would like concrete proposals from
experts willing to operate the shelter; this [recommendation] is
Community Development Block Grant money, she can support that, but
cannot support the City's involvement at this point in time with
the proposal at its current stage of development.
President Corica stated the shelter would require policing; agrees
there is much more work to be done on the proposal; and he would
like to see a shelter that has security.
Councilmember Withrow moved approval of the staff recommendation to
declare intent to provide deficit funding from the affordable
housing fund and direct staff to try to obtain the services of an
applicable social service agency to set up and operate a winter
shelter on the proposed site; and direct staff to ensure that the
concerns that have been mentioned by the Council this evening with
respect to liability, control, priority and management, be taken
into consideration and followed.
November 21, 1989
3
Councilman Arnerich requested clarification that Councilmember
Withrow included in his motion the remarks of Councilmember Thomas
when she discussed the liability, the showers, etc.
Councilmember Withrow stated that the staff should take
Councilmember Thomas's remarks as a responsibility for ensuring
that those remarks are taken into account for management of the
shelter.
President Corica stated he would like to include a program which
would require those in shelters to perform a minimal amount of
work.
Councilmember Thomas stated she believes an entity in the CDBG
process, with expertise, e.g., UPA, Four Bridges, should come to
Council, define the needs in this community that they are meeting;
and present a proposal including what Council could do to help;
the community should become a part of the process.
Councilman Arnerich requested the City Attorney to review the legal
questions mentioned by Councilmember Thomas and provide an opinion,
which would include whether people in shelters can be required to
work for what they receive.
President Corica expressed concern that Council's action reflect
the concerns of the citizens of Alameda.
In response to Councilmember Thomas's inquiry if the motion
includes verifying the homeless are Alameda residents,
Councilmember Withrow stated the thrust of the intent is in the
motion; and added that staff would need to implement the process.
Councilmember Thomas requested the motion be read.
The City Clerk stated Councilmember Withrow moved to approve the
[staff's] recommendation and direct staff to ensure Council's
concerns with respect to liability, control, priority, and
management.
President Corica clarified Council would await staff's report; and
a program of verifying residence and policing the shelter would be
provided.
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 4.
89-892 From City Manager regarding introduction of ordinances on
Consent Calendar.
President Corica stated he is not sure he would like the
introduction of ordinances on the Consent Calendar as he wants
people to have an opportunity to speak.
Councilman Arnerich commented the intent is to expedite matters.
Councilmember Withrow stated anyone can pull a matter off the
November 21, 1989
356
Consent Calendar; agrees there should be availability for people
to speak to the issue; believes there would be an advantage to
placing the ordinances on the Consent Calendar, and does not see
any disadvantage.
Councilman Arnerich moved acceptance of the recommendation.
Councilmember Withrow seconded and the motion was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Withrow and
President Corica - 3. Noes: Councilmember Thomas - 1. Absent:
Councilmember Camicia - 1.
89-893 From Community Development Director regarding affordable
housing requirements.
Scott Smithers, 3 Lagoon Drive, Redwood City, Paragon Group, stated
the Paragon Group supports the affordable housing fee but believes
the $3.00 fee is excessive, noting the developer is already
providing 12 mitigations in the sum of $743,000, plus providing
professionally commissioned public art to the community at an
undetermined cost; and the $3.00 would cost an additional
$550,000.
Councilman Arnerich asked if Paragon is proposing the $3.00 fee be
eliminated, to which Mr. Smithers replied that he was only
requesting the fee be reduced.
In response to Councilmember Thomas's inquiry regarding the duct
system, Mr. Smithers stated the existing overhead power line
systems will be undergrounded at a cost of $215,000.
Councilman Arnerich discussed possible reduction of the $3.00 rate;
the City Manager responded a $2.00 rate would not provide the
amount of funds for affordable housing reflected in the Housing
Element.
Councilman Arnerich requested more information on the possibility
of charging $2.75 or possibly $2.50.
Councilmember Withrow suggested approving the $3.00 rate and see if
there will be a counter-offer by Paragon.
The City Manager stated staff would review the figures and provide
an analysis and a further recommendation at the next meeting.
Councilmember Thomas stated she voted no on this matter because
Council is demanding a lot of money from very few developments, the
majority of development in this City has been allowed without
extraction of anything for affordable housing, Paragon will create
jobs and provide $750,000 worth of improvements to the
infrastructure; believes the $549,000 fee is a great deal of money
to funnel into affordable housing when there are other priorities
and needs in this City which are equally important; voted against
this matter before and will again vote no as a matter of principle.
Councilman Arnerich inquired if the mitigations are consistent
across the board with the other developments, to which the City
November 21, 1989
357
Manager responded affirmatively.
Councilman Arnerich moved to accept the recommendation with the
proviso that the $3.00 office commercial space be further explored
with respect to a reduction. Councilmember Withrow seconded the
motion which was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Withrow and President Corica - 3. Noes:
Councilmember Thomas - 1. Absent: Councilmember Camicia - 1.
89 -894 From Personnel Director regarding consideration of a Drug
Free Workplace policy.
The Personnel Director explained the policy.
Councilmember Thomas addresed the matter of reporting convictions,
and questioned if there are certain rights of privacy in connection
with convictions, and whether or not there are appeal rights.
The City Attorney replied her initial understanding is that
convicitons can be reported because by then the Court process would
have been completed; and Councilmember Thomas's concerns will be
addressed through the bargaining process.
Councilman Arnerich commented Federal laws and guidelines would be
followed; and moved acceptance of the recommendation of tentative
approval of the proposed Alameda Drug Free Workplace policy.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 4.
89 -895 From Library Director regarding status of new Main Library
Project.
Councilmember Withrow moved acceptance of the report.
Councilmember Thomas stated Councilmember Camicia requested this
item, and perhaps the item could be continued to permit him an
opportunity to comment on the subject.
Councilmember Withrow moved the item be held over until the next
meeting. Councilmember Thomas seconded the motion which was
carried by unanimous voice vote - 4.
89 -896 From Public Works Director regarding abatement procedures
for infiltration from damaged pipe and improper connections to the
sanitary sewer, as provided for in Ordinance No. 2404, N.S.
The Public Works Director explained the background of the subject,
and noted that this program is based on a mandate from the Regional
Water Quality Control Board; and there is some funding available
for those homeowners in need to help them with this project.
Following a brief discussion on the cost to property owners,
notices to homeowners, and abatement procedure, Councilman Arnerich
moved recommendation be accepted. Councilmember Withrow seconded
the motion which was carried by unanimous voice vote - 4.
November 21, 1989
358
RESOLUTIONS
89 -897 Resolution No. "Resolution pursuant to the Grand
Jury's request that all public bodies interpret the Brown Act in
favor of open meetings and against closed sessions."
President Corica noted this item has been removed from the agenda
at the request of the City Attorney.
89 -898 Resolution No. 11886. "Authorizing submittal of grant
application for 1) Alameda Gateway (Todd Shipyard) Intermodal
Terminal Facilities, 2) Alameda (Harbor Bay Isle) Intermodal
Terminal Facilities, and 3) Alameda Municipal Ferry Vessel Purchase
for Transit Capital Improvement (TCI) Funds, and guaranteeing
matching funds." Adopted.
Herb Shelmadine, 835 Laurel Street, commended the Mayor, City
Manager and Council for rapid installation and placement of the
ferry system.
Councilmember Withrow moved to adopt the resolution.
Councilmember Thomas stated the Harbor Bay Isle [HBI] terminal
facilities do not require a City share; HBI will not have the
advertisement nor the emergency demand on a ferry system and they
will pay 50 %, yet for Gateway facilities, the City will dedicate
25% of the lease revenues and she does not agree with that; there
are any things for which that money can be used to enhance the
entire area.
Councilman Arnerich questioned why the HBI project does not require
a City share, to which the City Manager stated for HBI, the ferry
is a condition of approval placed on the project by the City.
Councilmember Thomas stated the Gateway project is not progressing
rapidly and the City income is not increasing as much as it could
so perhaps Council should look into renegotiating the whole
Development Agreement with Alameda Gateway as it is conceivable
that all the money from the Gateway lease may be funding a defunct
terminal building; and inquired how the City can require the
project to be completed in a timely manner.
The City Manager stated the Development Agreement is scheduled to
go before the Planning Board in the near future to consider if the
agreement should be renegotiated and to determine if it is in
compliance.
Councilmember Thomas suggested perhaps the commitment of the City
for 25% of the lease revenues should be omitted and the City's
share paid by the developer; stated perhaps Council can wait on
this matter until it comes back from the Planning Board.
Following further discussion on costs, review of the Development
Agreement by the Planning Board, and the City share, Councilmember
Withrow moved to approve the recommendation. Councilman Arnerich
seconded the motion which was carried by the following voice vote:
Ayes: Councilmembers Arnerich, Withrow, and President Corica - 3.
November 21, 1989
3
Noes: Councilmember Thomas - 1. Absent: Councilmember Camicia -
1.
Councilman Arnerich made a motion to extend the Council Meeting
beyond 11:00 p.m. Councilmember Withrow seconded the motion which
was carried by unanimous voice vote - 4.
89 -899 Resolution No. 11887. "Adopting a Street Tree Master Plan
identifying policies for the preservation, maintenance, removal and
planting of street trees." (Held over from October 17th and
November 7th Council Meetings) Adopted.
David Baker, 939 Taylor, the Street Tree Master Plan represents
years of efforts expended by the Planning Board, the late Arthur
Whitehair and staff, and is in keeping with the character of
Alameda.
William J. Sheehan, 1236 Bay Street, urged adoption of the Street
Tree Master Plan, and noted if the recommended species of trees are
changed, that would destroy the Street Tree Master Plan.
John Scott Graham, 1728 Tregloan Court, stated lights should be low
so people can walk down sidewalks safely; trees should not be taken
down because of lights, lower lights should be installed.
Christopher Buckley, 1017 San Antonio Avenue, stated he was a
member of the Committee that selected the street tree consultant,
works with Oakland Planning Department, urged acceptance of Master
Plan, noting the plan is a very good document, supports Planning
Board's decision that the same size trees should be used on both
sides of streets; trees can be trained around utility lines rather
than flat- topped, and noted there are many alternative methods.
President Corica stated he is not certain the City should plan on
planting 500 trees per year.
Councilmember Thomas discussed whether residents may plant trees of
their own choosing.
The Public Works Director stated there could be a variance if there
were good reasons.
Councilmember Thomas clarified if the Public Works Director does
not approve a particular tree that is not on the list, a resident
must appeal to Council, questions that the City should be able to
mandate the choice of tree.
The Bureau of Electricity's concern regarding relationship of the
tree sizes and shape to the utility wires was discussed.
Councilmember Withrow questioned how many trees per year, should be
a goal.
President Corica suggested the City provide as many trees as are
November 21, 1989
30
needed if there are available funds in the budget.
Councilmember Thomas commented perhaps some residents do not wish
replacement of a tree in front of their homes; perhaps the number
of trees per year could be inserted in terms of a goal, subject to
budget constraints.
The City Manager stated it could be a goal, the Public Works
Director could submit a project for 500 trees, that project would
be weighed against other projects under budget considerations and
the comparison presented to Council at budget time.
Councilmember Withrow moved accordingly. The motion failed for
lack of a second.
Council further discussed the number of trees to be planted each
year.
Councilmember Thomas moved Option No. 2 with the deletion of
Paragraph 3, Conditions 9 and 11, and with the modification of the
Planning Board Condition that the 500 trees be set as a goal that
is dealt with at budget time. The motion failed for lack of a
second.
Councilmember Withrow suggested moving Paragraph 1, (Condition No.
18 shall be modified to allow the Public Works Director to approve
minor variances without Planning Board approval. Such minor
variances are specifically the modification of the planting site
location parameters and the change of tree species in order to
accommodate a site-specific problem.) of Option No. 2, into Option
No. 1. Councilmember Thomas so moved and Councilmember Withrow
seconded the motion. Councilmember Thomas added the 500 trees
would be a goal subject to budget constraints. Councilmember
Withrow seconded the amended motion.
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Thomas, and Withrow - 3. Noes: President
Corica - 1. Absent: Councilmember Camicia - 1.
89-900 Resolution No. 11888. "Appropriating funds from Harbor Bay
Isle Transportation Improvement Fund and from Measure "B" Funds to
provide matching local share for the Doolittle Drive widening
project." Adopted.
Councilmember Withrow moved approval of the recommendation.
Councilman Arnerich seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Withrow and
President Corica - 3. Noes: Councilmember Thomas - 1. Absent:
Councilmember Camicia - 1.
89-901 Resolution No. 11889 "Authorizing execution of agreement
for contract administration and coordination for park improvements
and park improvement funds as defined in Development Agreement (DA)
89-1 and the Park Maintenance Agreement dated April 4, 1989."
Adopted.
November 21, 1989
361
Councilmember Thomas stated she pulled this item from the Consent
Calendar because she does not believe it is a good idea; having
Harbor Bay Isle administering the contract is not in the best
interests of the City; and inquired if there is an alternative.
The City Manager noted the grant funds are not involved; this is
all Mello Roos work and must be approved by the Public Works
Director, City Engineer and Finance Director.
Councilman Arnerich moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Withrow and
President Corica - 3. Noes: Councilmember Thomas - 1. Absent:
Councilmember Camicia - 1.
89 -902 Resolution No. 11890. "Proclaiming continuing state of
local emergency." Adopted.
Councilmember Withrow requested a briefing by staff on the elements
they consider to be pertinent leading to the approval of this item.
The Public Works Director stated that following the process of
continuing the emergency period by resolution is to ensure proper
funding by the Federal Emergency Management Agency for coverage of
new items which may arise, which have not yet become evident.
Following brief comments of Council regarding the emergency
situation and ferry system, Councilmember Thomas moved adoption of
the resolution. Councilmember Withrow seconded the motion which
was carried by unanimous voice vote - 4.
89 -903 Resolution No. 11891. "Resolution readopting General Plan
Amendment, GPA -89 -2, a revised Housing Element for the City of
Alameda General Plan." Adopted.
Karin Lucas, 415 Taylor, Concerned Citizens of Alameda, stated the
estimated housing unit potential provides that 5,356 additional
units may be built in the City; it is a huge number and there
needs to be public input and discussion on the impact on schools
and public services that would result.
The City Manager stated the term infill is used in this case to
describe existing individually owned properties and indicates that
whether this Housing Element is approved or not, there currently
exists that potential for infill units to be built on existing
lots.
In response to President Corica's query regarding the number of
units projected per year, the Planning Director replied that the
Housing Element projects that through 1995, there will be 162 units
added through the infill process, based on a projection of what has
happened over the last three years.
Donald Kanare, 2610 St. Margaret Court, stated if the Housing
Element is approved, an opportunity is provided for the potential
of a significant number of units to be built, which would
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362
exacerbate many problems Alameda has, e.g., increased traffic,
parking problems; and responsible planning is needed.
President Corica commented if the Judge overturns Measure A, then
Alameda would have severe problems, including density concerns.
John Scott Graham, 1728 Tregloan Court, stated Alameda 6hould take
care of its own, apartments are needed for low- income persons, and
requested Council deliberate a little longer on the subject and
allow more public input.
Bette Collins, 2609 Lincoln, stated she favors Measure A, is
opposed to infill; her concern is that infill would change the
character and quality of living in Alameda and would like Council
to preserve existing single family residential areas and not allow
infill in those areas.
Charlene Murphy Lehnhoff, 111 Hudson Bay, stated Measure A was to
curtail apartment house development to curtail traffic; there are
no apartments but much traffic; perhaps Measure A is no longer
able to protect the current needs.
Madlyn Murphy, 2618 Janis Circle, stated she believes some things
are left out of the Housing Element that are important, e.g., the
Guyton lawsuit; there is nothing in the Element that states what
should be done regarding older, pre -1940, homes in another
earthquake.
Edward Murphy, 2618 Janis Circle, expressed his displeasure
regarding the meeting held on the night of the earthquake,
discussed the number of infill units permitted by the Housing
Element, commented on the impact on traffic, and stated there is
nothing in the Housing Element which gives any idea of what the
second unit housing potential is.
President Corica reiterated the reason he is supporting the Housing
Element is because without it, Measure A will probably be lost.
Richard Roth, 1417 -5th Street, stated some items in the Element
appear to be inconsistent with facts regarding the City, e.g., the
Element says there will be infill, but it has been said there will
be downzoning; if the Element is passed to meet necessary
requirements, perhaps Council should then bring the Element back
and make another one that is realistic and can be followed.
John Doherty, 1329 Weber Street, stated he was involved in the
writing of the 1980 Element, and expressed disappointment with the
proposed Housing Element.
Councilmember Withrow stated the Housing Element needed to be
passed October 17th to fit the necessary timeframe; and stated
Council is sensitive to infill, traffic issues, density, and to
external bodies dictating what should be done within the City, but
an infill rate of 26 units per year indicates it would take about
134 years to reach 3504 infill units.
November 21, 1989
363
The City Manager stated infill is not a proposal, it currently
exists whether the Housing Element is adopted or not.
In response to Councilman Arnerich's inquiry regarding how much
public input there has been before the Planning Board, the Planning
Director stated the process has been going on intensively for the
last six months and listed the various activities, e.g., public
hearings, State review, public suggestions.
Councilmember Thomas stated the infill is a potential not a
proposal, and under current zoning ordinance and State law cannot
be limited; there are other ways to deal with impacts; the
Housing Element comes first, the General Plan must be completed,
then the Zoning Ordinance should be completely redone; agrees with
Mrs. Lucas that perhaps the Negative Declaration was not the
appropriate way to proceed but Council's intent is to maintain the
status quo as well as possible, not to harm the quality of life in
Alameda; if the Housing Element is not adopted and Measure A is
set aside, then there will be a large amount of construction.
Councilmember Thomas moved adoption of the resolution as amended.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 4.
Councilmember Withrow questioned if the Housing Element is a living
document which will permit additions, e.g., a paragraph on the
earthquake.
The Planning Director responded the General Plan, of which the
Element is a part, is a living document and should be reviewed at
any time the Council feels that policies are appropriately changed
to suit the condition of the City.
89-904 Resolution No. 11892. "Authorizing issuance of bonds.
(Marina Village Assessment District 89-1)" Adopted.
Councilmember Withrow moved adoption of the resolution; Councilman
Arnerich seconded the motion which was carried by the following
voice vote: Ayes: Councilmembers Arnerich, Withrow and President
Corica - 3. Noes: Councilmember Thomas - 1. Absent:
Councilmember Camicia - 1.
89-905 Resolution No. 11893. "Authorizing application for
Proposition 70 funds--State Grant in the amount of $222,000 for
partial funding of the Shoreline Park Construction Project."
Adopted.
Councilmember Thomas inquired if the East Bay Regional Park
District is involved in this matter at this point, and the
Operations Manager, Recreation and Parks Department, replied the
District is not.
Councilmember Thomas moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 4.
November 21, 1989
364
BILLS
89-906 A List of Claims, certified by the City Manager as correct,
was ratified in the amount of $525,293.69.
Councilmember Withrow moved the Bills be ratified. Councilman
Arnerich seconded the motion which was carried by the following
voice vote: Ayes: Councilmembers Arnerich, Withrow and President
Corica - 3. Noes: Councilmember Thomas - 1. Absent:
Councilmember Camicia - 1.
INTRODUCTION OF ORDINANCES
89-907 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by amending Section 4-217 of Article 1, Chapter 2, Title IV
thereof regarding alcohol in parks."
Councilman Withrow moved introduction of the ordinance. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 4.
89-908 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by amending Section 17-242 of Title XVII thereof to remove
"commercial vehicles excepted" from the left-turn prohibition
signage on Park Street at Blanding Avenue."
Councilman Withrow moved introduction of the ordinance.
Councilmember Thomas seconded the notion which was carried by
unanimous voice vote - 4.
FINAL PASSAGE OF ORDINANCES
89-909 Ordinance No. 2461, N.S. "Amending Title XVIII, Article 1,
Chapter 7, of the Alameda Municipal Code by repealing references to
loitering and displaying signs."
Councilmember Withrow moved adoption of the ordinance. Councilman
Arnerich seconded the notion which was carried by unanimous voice
vote - 4.
NEW BUSINESS
89-910 Councilmember Thomas suggested raising funds for the General
Fund by allowing people to bid on street names.
November 21, 1989
ORAL COMMUNICATIONS, GENERAL
89 -911 Gerhard Degemann, 19 Sandpiper Place, discussed the Costa
Brava development as it relates to the lack of adequately bolted
foundations, and suggested the City write a "courtesy" letter to
the developer.
ADJOURNMENT
89 -912 The Council adjourned the sheeting at 1:05 a.m., in memory of
William Tulloh, former Chief of Police.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
November 21, 1989