1995-11-07 Regular CC Minutes354
MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
NOVEMBER 7. 1995
The meeting convened at 7:50 p.m., with Mayor Appezzato presiding.
The Pledge of Allegiance was led by Councilmember Lucas. Reverend
Lois "Suji" Hochenauer, The Home of Truth, gave the invocation.
ROLL CALL - PRESENT:
ABSENT:
Councilmembers Arnerich, DeWitt, Lucas,
Vice Mayor Mannix and President Appezzato
- 5.
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(95-656) Presentation of a plaque proclaiming Alameda's
Outstanding Achievement in Pedestrian Program Activities for 1994
by the California State Automobile Association.
Mayor Appezzato accepted the Plaque on behalf of the City from Mr.
Ed Fong, CSAA representative.
CONSENT CALENDAR
President Appezzato stated that the following items were pulled off
the Consent Calendar for public discussion: 4-B (95-665) Report
from Historical Advisory Board in support of a museum at the
Alameda Naval Air Station (NAS); 4-C (95-666) Report from City
Manager regarding Cart Paths for Jack Clark Course and Earl Fry
Course - Corica Golf Enterprise Fund; 4-E (95-667) Report from the
Assistant City Manager recommending Authorization for the Purchase
of a Computerized Golf Course Management and Automated Starting
time Reservation system for the Pro Shop and Driving Range Offices;
and 4-K (95-668) thru 4-S (95-676) Public Works Department
Resolutions Authorizing Submittal of Applications for Projects
Seeking State and Federal Transportation Funds.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Vice Mayor Mannix seconded the motion, which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
(*95-657) Minutes of the Special Meeting of the Council of
October 9, 1995; the Adjourned Regular Council Meeting of October
9, 1995; the Special Meeting of the Council & Housing Authority
Board of Commissioners of October 17, 1995; and Regular Meeting of .
the Council of October 17, 1995. Approved.
City Council Mrriing
Minutes
November 7, 1995
See Paragraph (95-665)
See Paragraph (95-666)
(*95-658) Report from City Manager requesting Authorization
for the Mayor to Travel to Washington, D.C. November 30, 1995 to
Meet with Fish and Wildlife Agency of the Department of the
Interior. Accepted.
See Paragraph (95-667)
(*95-659) Report from Finance Director transmitting Quarterly
Financial Report for Period Ending September 30, 1995. Accepted.
(*95-660) Report from Finance Director transmitting Quarterly
Sales Tax Report for Period Ending September 30, 1995, for Sales
Transactions in the Second Calendar Quarter. Accepted.
(*95-661) Report from Public Works Director recommending
Authorization to Advertise for Bids for Operation of Parking Lots
A and C. (Accepted)
(*95-662) Resolution No. 12697 "Supporting Petition to Federal
Aviation Administration to Amend Helicopter Minimum Altitude
Regulations." Adopted.
(*95-663) Resolution No. 12698 "Authorizing Submittal of
Application and Execution of Contract for FY 1996-97 Ferry
Marketing Funds. Adopted.
r'ee Paragraphs (95-668) thru (95-676).
(*95-664) Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $2,750,306.12. Ratified.
(95-665) Report from Historical Advisory Board (HAB) in
support of a museum at the Alameda Naval Air Station (NAS).
Vice Chair DeCelle, HAB, urged the City Council to approve the
Board's recommendation "that the Council encourage the
establishment of a Naval History Museum which includes the porting
of the USS Hornet."
Councilmember Lucas moved approval of the report and
recommendation. Councilman Arnerich seconded the motion, which
carried by unanimous voice vote - 5.
(95-666) Report from City Manager regarding Cart Paths for
Jack Clark Course and Earl Fry Course - Corica Golf Enterprise
Fund.
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356
Don Bergen, Alameda, stated that he believed the Golf Course should
be sold to a private developer.
Vice Mayor Mannix stated that it was a good project, and moved
approval of the recommendation (that City Council authorize staff
to proceed with the cart path improvements over a 3-year phased-in
schedule and that general fund monies serve as interim funding
source as necessary. Further that the enterprise fund pay the
general fund the internal rate of return at the time the draw on
general fund is necessary.] Councilman Arnerich seconded the
motion, which carried by unanimous voice vote - 5.
(95-667) Report from Assistant City Manager recommending
Authorization for the Purchase of a Computerized Golf Course
Management and Automated Starting Time Reservation System for the
Pro Shop and Driving Range Offices.
Don Bergen, Alameda, spoke in opposition to the recommendation.
Councilman Arnerich moved approval of the report and
recommendation. Vice Mayor Mannix seconded the motion, which
carried by unanimous voice vote - 5.
Resolutions Authorizing Submittal of
Applications for Projects
Seeking State and Federal Transportation Funds:
At the request of President Appezzato, the City Manager explained
the purpose for the Resolutions (4-K thru 4-S), and matching fund
requirements.
(95-668) Resolution No. 12699, "Authorizing Applications for
Transportation Enhancement Activities (TEA) Grants for Atlantic
Avenue Low Emission Vehicle Green Belt, Main Street Linear Park,
and Sherman Street Improvements." Adopted.
(95-669) Resolution No. 12700, "Authorizing Submittal of a
Transit Capital Improvement (TCI) Project Application for the
Acquisition of a Replacement Ferry Vessel for the Alameda/Oakland
Ferry Service." Adopted.
(95-670) Resolution No. 12701, "Approving the Application for
Grant Funds for the Environmental Enhancement and Mitigation
Program Under Section 164.56 of the Streets and Highways Code for
the Main Street Linear Park Project and Authorizing City Manager as
Agent." Adopted.
(95-671) Resolution No. 12702, "Authorizing the City Manager
or His Designee to File an Application for Federal Enhancement
Program Funding for $848,500 to Improve Atlantic Avenue Corridor,
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357
Committing the Necessary Local Match for the Project and Also
Stating the Assurance of the City of Alameda to Complete the
Project." Adopted.
(95 -672) Resolution No. 12703, "Authorizing the City Manager
or His Designee to File an Application for Federal Enhancement
Program Funding for $6,430,500 to the Cross - Airport Roadway,
Committing the Necessary Local Match for the Project and Also
Stating the Assurance of the City of Alameda to Complete the
Project." Adopted.
Don Roberts, Alameda, stated that the resolution should include a
statement "that the City of Alameda, as there is no necessity for
pedestrian or bicycle paths, will not be providing any matching
funds for those projects."
(95 -673) Resolution No. 12704, "Authorizing the City Manager
or His Designee to File an Application for Federal Enhancement
Program Funding for $531,000 to Purchase Two Electric Shuttle Buses
and Operate an On- Demand Service for One Year, Committing the
Necessary Local Match for the Project and Also Stating the
Assurance of the City of Alameda to Complete the Project."
Adopted.
(95 -674) Resolution No. 12705, "Authorizing the City Manager
or His Designee to File an Application for Federal Enhancement
Program Funding for $551,355 to Provide Main Street Flood Control
and Traffic Improvement, Committing the Necessary Local Match for
the Project and Also Stating the Assurance of the City of Alameda
to Complete the Project." Adopted.
(95 -675) Resolution No. 12706, "Authorizing the City Manager
or His Designee to File an Application for Federal Enhancement
Program funding for $295,500 for Mosley - Mitchell Improvement
Project, a Secondary Access Road Parallel to Atlantic Avenue,
Committing the Necessary Local Match for the Project and Also
Stating the Assurance of the City of Alameda to Complete the
Project." Adopted.
. (95 -676) Resolution No. 12707, "Authorizing the City Manager
or His Designee to File an Application for Federal Enhancement
Program Funding for $1,325,000 to Provide for Tinker -Tynan
Extension, Committing the Necessary Local Match for the Project and
Also Stating the Assurance of the City of Alameda to Complete the
Project. Adopted.
Councilmember DeWitt moved adoption of Resolutions. Vice Mayor
Mannix seconded the motion, which carried by unaninmous voice vote
- 5.
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362
forth between the Planning Board and City Council; and it is time
to try to bring the matter to closure.
On call for the question, the motion failed by the following voice
vote: Ayes: Councilmembers Arnerich and Lucas - 2. Noes:
Councilmembers DeWitt, Mannix and President Appezzato - 3.
Councilmember DeWitt stated that in order to balance rights of
property owners with rights of the neighborhood, Council should
follow direction of the Planning Board.
President Appezzato stated that having served on the Planning
Board, he understands the difficulty; and he will support the
decisions of the Board.
Vice Mayor Mannix moved to uphold the Planning Board decision to
grant the Variance for the front stair encroachment.
Councilmember DeWitt seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers DeWitt, Mannix and
President Appezzato - 3. Noes: Councilmembers Arnerich and Lucas
2.
Vice Mayor Mannix moved to deny the Variance for the bay window
connection.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
(95-679) Report from Planning Director regarding
Recommendation from the Planning Board regarding a Fee Waiver
Request For Zoning Text Amendment for Property Located at 3313
Fernside Boulevard.
Don Bergen, Alameda, spoke in opposition to the recommendation.
Councilmember Lucas moved approval of the Planning Board
recommendation that "the City Council approve postponement rather
than waiver of fees, and direct staff to prepare and execute a
document which will assure deferred collection of fees until either
the property is divided or sold, based on the following findings:
1. Temporary waiver of fees will be in the public interest, by
acceleration of a possible code amendment which was proposed at a
public meeting, and which otherwise might require additional months
to consider. Once the Development Code is acted upon, this public
purpose will no longer be in effect and deferred payment of the
fees will be requested.
2. Temporary waiver of fees is appropriate to avoid financial
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hardship because the applicant at the present time is unable to
afford such fees, due to ongoing costs of project initiation and to
limited monthly income. Upon completion of the project, the
applicant's income should increase sufficiently to pay the deferred
fees."
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
(95 -680) Report from Community Development Director
recommending Amendment to Sub - Recipient Agreement between City of
Alameda and County of Alameda for the use of HOME Funds and Waiver
of City Fees for the Acquisition and Rehabilitation of 745 Lincoln
Avenue by the Filipino- American Community Services Agency.
The City Manager gave an overview of the proposal, and stated it
helps provide low- income housing and meet Housing Element goals.
Don Bergen, Alameda, spoke in opposition to the project and
development costs.
Neil Patrick Sweeney, Alameda, spoke in support of the project.
In response to Councilmember Lucas, the City Attorney stated that
there are two Guyton Agreements: the 1989 Settlement Agreement and
the Guyton Court Order; that the Guyton Court Order required the
City to encumber funds and construct 34 new housing units; the
Guyton Settlement Agreement had procedural requirements, e.g.
retaining affordable housing fee and setting aside certain monies;
and that [requirements] would remain in effect until the 1995
Association of Bay Area Governments' numbers are met.
In response to Councilmember DeWitt, the City Attorney stated that
three of the units were a part of the Guyton Court Order.
Shirley Cummins, Alameda, suggested that the Judge (of Guyton Court
Order) be invited to Alameda, and informed the City's housing is
the third densest in the State.
In response to Councilmember DeWitt, the Community Development
Director stated that three of the four units would address the
rules of the Guyton Court Order; that funding would be in the form
of loans; a loan package was being put together to determine
whether it would be feasible to acquire and rehabilitate the
building, including parking; and that all plans would go through
the Planning Department.
In response to Councilmember Lucas, the Community Development
Director stated that no decision had yet been made regarding
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Barbara Kerr, Alameda, Northside Association, stated that there was
no approval in the General Plan for this project; she requested
that the Council direct staff to provide a written report
documenting any Council action on the matter, between the General
Plan discussion and sending it out for bids; and stated that
CalTrans has never heard of the project.
Mayor Appezzato stated that he would like the matter to come back
to the City Council after the Transportation Advisory Committee's
(TAC) discussion; that Council should be informed how the citizens
were notified; and Council provided any additional documentation
which would satisfy the concerns of our citizens.
Vice Mayor Mannix stated that the matter should be heard at broadly
noticed public hearings; and Council should be provided the reports
requested by Ms. Kerr.
Councilmember Lucas requested that the City Manager mail Ms. Kerr
the July 8, 1994 Staff Report by the Public Works Director.
Councilman Arnerich stated that the July 8, 1994 Staff Report had
been referred back for further study; that public notification
should be provided to homeowners and renters in the area; and that
a feasibility study, including motorists' responses and peak -hour
traffic patterns, should be prepared.
Councilmember DeWitt stated that he supported the Mayor's comment
to send the proposal back to TAC, and the comments by Vice Mayor
Mannix that TAC hold public hearings and the matter should come
back to the City Council; that he [DeWitt] would not be in favor of
a one -way street developed, because the traffic problems were not
the same as they were in the past; that he did not want staff to
spend large sums of money on the project until Council gives
permission for additional studies; and he upholds the
recommendations of the Mayor and Vice Mayor, and he would like to
put that in the form of a motion.
President Appezzato inquired whether Councilmember DeWitt's motion
included a report coming back to the City Council on how the public
was notified, to which Councilmember DeWitt requested the City
Manager to outline the procedures.
City Manager gave an overview of the sequence of events concerning
the project; he stated that the recommendation in the July, 1994
staff report, and approved the City Council, was "to direct staff
to proceed with environmental review and engineering of the
proposal;" that staff has been working on it since then; that the
next step is to take the matter back to the TAC for review, as
recommended by the Public Works Director, and then to the City
Council before additional work is done by City staff.
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Councilman Arnerich stated that the Washington School Auditorium
should be considered for the public hearings.
President Appezzato stated that the report back to Council should
include any comments by business and homeowners' associations, and
the method of contacting our citizens.
Vice Mayor Mannix seconded Councilmember DeWitt's motion, which
carried by unanimous voice vote - 5.
(95 -687) Written Communication from Frank Broz, Co- Chair,
Remembrance Memorial for California Korean War Veterans, Non - Profit
Benefit Corporation, San Jose, requesting a contribution towards
the Memorial, and offering special recognition for contribution.
The City Manager stated that the City will publicize request for
contributions.
Mayor Appezzato requested (moved] that the City Manager send a
letter to veterans' organizations, e.g. American Legion, Veterans
of Foreign War, requesting participation in remembering the
citizens killed or missing in action.
Vice Mayor Mannix seconded the motion, which carried by unanimous
voice vote - 5.
ORAL COMMUNICATIONS, NON - AGENDA (Public Comment)
(95 -689) Earl Peacock, Alameda, introduced Ann Rockwell and
Ray Brown of the East Bay Regional Park District; he stated that
the West End has had a problem for many years with seaweed
decomposition at Crab Cove; EBRPD has been working very hard on the
matter; that Professor Meyer, University of California, Berkeley,
stated decomposed matter could be buried or aerated; that he [Mr.
Peacock] is speaking on behalf of Mary Elena Goodan, circulator of
a Petition (dated October 4, 1995 requesting the City to take
charge of the problem]; and that Mr. Winter, East Bay Air Quality
Control Agency, has also been advised of the problem.
Following brief discussion, the City Manager stated that staff
would report back on the matter.
(95 -690) Neil Patrick Sweeney, Alameda, stated that
presentations on BRAG should be provided at Council Meetings.
(95 -691) John Scott Graham, Alameda, commented on issues
related to Bosnia, to which Mayor Appezzato stated that the matter
was not within the Council's jurisdiction.
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(95-692) Shirley Cummins, Alameda, suggested that the Council
request the City Attorney to meet with the Judge to abolish the
[Guyton] Court Order; she stated that there are the walking wounded
[veterans] from the Korean War that never have been acknowledged;
and requested that Prime Minister Rabin be remembered at the end of
the evening.
COUNCIL COMMUNICATIONS
(95-693) Vice Mayor Mannix stated that he would like to
express his appreciation to the EBRPD representatives for attending
the Council Meeting.
(95-694) Vice Mayor Mannix requested that the Meeting be
adjourned in memory of Milton Preminger, a retired Police Sgt. from
Alameda.
(95-695) Councilman Arnerich requested that the Meeting be
adjourned in memory of Prime Minister Rabin
. (95-696) Consideration of Mayor's nominations for two
appointments to the Economic Development Commission. (Community-
at-large, and marine/waterfront-related expertise).
Mayor Appezzato nominated Anne Cook (marine/waterfront seat) and
Bonnie McKean (Community-at-large seat).
ADJOURNMENT
. (95-697) The Meeting was adjourned at 10:25 p.m. by President
Appezzato in memory of M. Preminger and Prime Minister Rabin.
Respectfully submitte4,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
City Council Meeting
Minutes
November 7, 1995