1993-03-02 Regular CC Minutes51
MINUTES OF REGULAR COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL
MARCH 2. 1993
The meeting convened at 7:30 p.m., with President Withrow
presiding. The Pledge of Allegiance was led by Vice Mayor Roth.
Reverend Wilfred Hodgkin gave the invocation.
ROLL CALL - Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENTS OF CLOSED SESSION ACTION
93-093 Mayor Withrow announced that, at the 6:30 p.m. Special
Meeting, Council adjourned to Closed Session to consider:
Labor Relations, pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act: Mayor Withrow stated
Council gave further instructions to the City's Negotiator.
Mayor Withrow announced the Written Communication and related
report regarding soccer and hardball facilities would be taken out
of order.
93-094 Written Communication from President, Alameda Soccer
Club, Inc., requesting consideration of one of the nine plans in
the Club's Feasibility Study to include soccer fields with the
planned baseball field at College of Alameda.
Report from Assistant City Manager Transmitting Recreation
Commission's Recommendation for a Class "A" Hardball Facility at
the College of Alameda.
Mayor Withrow stated if Council votes in favor of supporting the
Recreation Commission [recommendation], he will make it a personal
priority to develop two first-class soccer fields that will
accommodate the under 19-age group; and will propose to the Council
that a Mayor's Committee be established to review alternatives and
to provide a recommendation with respect to the establishment of
two soccer fields.
The City Manager provided the background of the matter, noting the
City' search for Class A hardball and soccer facilities' sites, and
funding.
In response to Councilmember Appezzato's inquiry concerning use of
School District fields, the City Manager stated the District has
authorized the use of some fields for practice purposes; the Soccer
Club wants an international-size soccer facility which is larger.
March 2, 1993
2
Responding to Councilmember Appezzato, the Assistant City Manager
stated if a Class A Hardball Facility is built at the College and
there are encroachments into the berm area, taking down a row of
trees, possibly a smaller size soccer field can be put in; also,
perhaps the football field in that location, or a football field
closer to Webster Street, could be used.
Councilman Arnerich noted school fields used for soccer; stated he
believes it is possible to add a soccer field with the baseball
facility provided an international soccer field is not installed.
Joe Mariscal, President, Alameda Soccer Club, thanked the Mayor for
his supportive statement, stated the Soccer Club's feasibility
report produced nine feasible configurations to place a soccer
field together with a baseball field in the College of Alameda
space; the Club would like both a hardball facility and soccer
field to meet the needs of the whole community.
Paula Smith, Alameda, stated soccer is international sport, has
high percentage of co-ed teams, is less expensive for participants
and field maintenance; and would like facility shared with soccer.
Don McCaskill, Alameda, stated College of Alameda site is best for
both soccer and baseball.
Gabriel Longoria, Alameda, stated the hardball field is needed and
should be built; and with understanding soccer must not be
forgotten.
Barbara Guenther, Alameda, stated she is a Member of the Social
Service Human Relations Board, and supports plan to include soccer
fields in conjunction with planned baseball field.
Derrick O'Neill, Vice-President, Alameda Soccer Club, stated
feasibility study reflected soccer field could be included in
baseball complex; logical conclusion is to build a good baseball
complex, and a soccer field.
Pat Bail, Alameda, President, Alameda Babe Ruth, stated if the City
withdraws from the project, no guarantee exists that the College
would continue to allow soccer usage of open areas; the land
belongs to the College, the College wants a baseball field; the
issue should not be clouded and an opportunity possibly ruined.
Dann Carter, Alameda, requested all children be served and Council
try to include a soccer field in the configuration of the final
plans.
Ted Christoffersen, Alameda Soccer Club, commented on interest in,
and growth of, baseball and soccer; in 1994, the soccer World Cup
quarter final game will be played at Stanford Stadium.
Diane Bustos, Alameda Babe Ruth, urged Council stay with original
plan, build baseball field with no compromises; and work to find
March 2, 1993
soccer fields.
Slater C. Veirs, Alameda Babe Ruth, read letter from Coach Jim
Saunders, Encinal High School, expressing support of baseball field
at College; and submitted letter.
Ted S. Hall, Alameda, Assistant Varsity Coach, Encinal High School;
Alameda Babe Ruth Board of Directors, urged support for Mayor
Withrow's suggestion to find two soccer fields and a Class A
Hardball facility at the College of Alameda.
Don Peterson, Alameda Soccer Club, stated he favors baseball field;
what is best for everyone must be done; commended Joe Mariscal and
Council.
Gregory Wirth, Alameda Soccer Club, stated building Class A
baseball field is essential; fastest growing sport in Bay Area is
adult hardball; by accommodating teams, revenue can be raised; the
College facility is needed for Alameda baseball and soccer.
Kristin E. Wirth, Alameda Soccer Club, stated she had deferred her
time to Joe Mariscal.
Neil P. Sweeney, Alameda, stated, to obtain vacant land for future,
all military activities in Alameda can be relocated to Alameda
Naval Air Station and abandoned military properties transferred to
City.
Frank Reed, Alameda, stated he would like Council to find a way to
provide for both baseball and soccer.
Don Sherratt, Alameda, stated neither soccer nor baseball should be
shortchanged; Council should go ahead with hardball facility and go
on record as supporting soccer; he hopes they have received letter
from Bill Lietz whose viewpoints are valid concerning this matter.
Vice Mayor Roth stated compromise is possible without compromising
hardball facility; noted one of [Club's] feasibility plans that
would fit; likes Mayor's idea of looking for soccer sites; supports
baseball complex and requesting College spend money to convert
track to a full-size field.
The Assistant City Manager reviewed some of the Schemes in the
Feasibility Study calling attention to dimensions.
Councilman Arnerich stated the Mayor was on the right track stating
Council will be looking for sites and soccer will be given top
priority; the current issue is for the baseball complex only; and
the College is insistent on only the baseball field at this time.
The Assistant City Manager stated the College has a Joint Use
Agreement with the City to go ahead with a Class A Hardball
Facility; the minimum requirements would be 330 [foot field line],
385 [foot power alley] and 400.
March 2, 1993
In response to Councilman Arnerich, the Assistant City Manager
stated a soccer field could be put in but they [both fields] would
be compromised.
Councilmember Lucas stated if Council tries to put in both sports,
the result would be a compromise unsatisfactory for either; the
community goal has been to provide a first-class baseball field;
Council has commitment to provide a first-class soccer facility;
the Mayor's approach is the one that should be taken; and a
solution can be reached in a reasonable time; should handle one
sport at a time.
Councilmember Appezzato stated he will support a Class A Hardball
Facility, at the same time pursue a compromise with the College to
include a soccer field either on the track, or, if they agree to
remove trees and berms, adjacent to Hardball facility; however, if
they do not agree to removal of trees and berms, he does not
believe the Class A Hardball Facility can be sacrificed.
Councilman Arnerich moved approval of a Class "A" Hardball Facility
at the College of Alameda, with a proviso that top priority will be
given to locating and funding soccer fields.
Councilmember Lucas seconded the motion.
Vice Mayor Roth questioned whether College would consider the track
site if the City agreed to pay for clearing it.
Councilman Arnerich stated he does not believe the College will go
back on the proposal, and is adamant on providing only a Class "A"
Hardball Facility at this time.
Councilmember Appezzato agreed with Vice Mayor Roth that the City
should not stop pursuing a Class A soccer field at the College, as
long as it does not compromise the baseball facility.
President Withrow stated the Mayor's Committee would be looking at
all the sites.
Councilmember Lucas stated Councilman Arnerich's motion does not
exclude the possibility [of a soccer field], if the College wishes
to go ahead.
President Withrow suggested the wording of the motion, with respect
to a soccer field, be strengthened to make it a firm priority and
goal of Council, to find fields and money, for guidance to the
Mayor's Committee.
In response to Councilman Arnerich, the Assistant City Manager
stated he feels comfortable stating that the first priority of
College District Trustees is a Class A Hardball Facility, and he
does not believe the motion precludes going back and talking to
them about using a current or existing football field as a soccer
field.
March 2, 1993
The motion was carried by unanimous voice vote - 5.
* * *
Council recessed at 9:04 p.m. for ten minutes; upon reconvening,
President Withrow announced the Alameda-Contra Costa Transit
District presentation would be taken out of order.
93-095 Presentation by Alameda-Contra Costa Transit District [AC
Transit] on Plans for Introducing New Technologies..
John Woodbury, AC Transit, stated the District is reintroducing
proven technologies; State and Federal Clean Air Acts have made it
clear the conventional diesel busses cannot be used much longer;
Federal Surface Transportation Act was reauthorized last year,
changing funding of transportation, allowing flexibility of
spending on highways or transit; based on that, AC Transit has
looked at its major corridors, to find how to meet Clean Air Act,
with cleaner busses, and encouraging more people to use public
transit.
A video presentation followed on plans for introducing new
technologies.
Mr. Woodbury commended the City of Alameda for its partnership in
working with AC Transit to fund supplemental transit service within
the City; stated the model has been expanded to other parts of the
Transit's service area; the key element is that the Transit Agency
and cities work together to determine the right land-use mix.
In response to Vice Mayor Roth, Mr. Woodbury stated the technology
for undergrounding power grid is experimental at this point, is not
used by transit systems anywhere, realistically is not an option
for the near future; the choice is between diesel busses known to
cause health concerns versus overhead wire with aesthetic impact;
and overhead wires need not be obtrusive.
Councilmember Lucas stated she appreciates the suggestion of
partnership with communities, also public transportation being
provided to Airport; her concern is cooperation with the Ferry
System, perhaps by light rail, and inquired when that could be
expected.
Mr. Woodbury replied that would depend upon location; in Oakland,
numerous existing lines already terminate at Jack London Square,
terminous of light rail would likely be at the Square; Alameda's
West End ferry would be more difficult as it is somewhat isolated
and ridership must be justified.
Councilmember Appezzato commended Mr. Woodbury for his
professionalism and President Withrow thanked Mr. Woodbury.
93-096 Report from the Public Works Director on Installation of
Stop Signs at the Intersections of Northwood Drive/Southwood Drive,
and Gibbons Drive, and Lincoln Avenue and Gibbons Drive.
(Councilman Arnerich)
March 2, 1993
Robert Blaisdell, Alameda, requested Council consider putting in
stop signs to slow traffic on Gibbons Drive.
Councilman Arnerich agreed cars speed through and stop signs should
be tried; stated if stop signs are approved by Council, he would
like two signs, on poles, at Gibbons Drive as entered from High
Street and from Lincoln Avenue, which state "25 MPH strictly
enforced."
Councilmember Lucas agreed speeding is a problem; she does not see
placing stop signs as the solution to problem in the neighborhood;
and inquired of the Police Chief what can be done to decrease
speeding.
Police Chief Shielis stated if engineering efforts do not rectify
a problem, enforcement must be relied upon; and the Police
Department will need to re-prioritize resources to provide more
enforcement in the area.
In response to Vice Mayor Roth, the Public Works Director and
Police Chief explained Critical Speed Traffic Data.
Councilman Arnerich stated it is a different traffic situation in
that area; and for $600.00, the City will not be looking at someone
getting killed and a million dollar lawsuit.
Councilmember Appezzato stated he concurred with Councilman
Arnerich's position; and questioned if the City has ever looked at
current stop signs to determine whether ineffective ones can be
taken out.
Mayor Withrow stated he, too, supports the proposal for stop signs;
and that traffic slows down when there is a stop sign.
Councilman Arnerich moved that Council adopt, and recommend, that
a stop sign be placed at the corner of Lincoln Avenue and Gibbons
Drive, easterly and westerly directions; and a stop sign at the
corners, intersection, of Northwood and Southwood Drives; with
proviso, a "25 mph strictly enforced" sign be put up as you enter
the zone, to alert the public it is a residential area.
Vice Mayor Roth seconded the motion.
The motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilmember Lucas moved approval of the Consent Calendar.
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*93-097 Minutes of the Regular Council Meetings of February 2,
March 2, 1993
7
and February 16, 1993, and Special Council Meeting of February 8,
1993. Approved.
*93-098 Report from Public Works Director recommending Reduction
of Bond and an Extension of Time of Three Years to March 21, 1996,
in which to complete the Improvements for Tract 6198 (Harbor Bay
Isle, Village V, Cantamar). Accepted.
*93-099 Report from the Public Works Director on the Status of
the Cross Airport Roadway Project. (Councilmember Lucas)
*93-100 Report from Public Works Director recommending adoption
of Plans and Specifications and Calling for Bids for Construction
of ADA/Title 24 Accessibility Standards at Buena Vista Park and
McKinley Park, No. P.W. 11-92-17.
*93-101 Report from Public Works Director requesting
Authorization for Amendment to Contract between the City of Alameda
and Hallenbeck, Chamorro and Associates, Consulting Architectural
Firm, for the Design to Comply with the American Disabilities Act
(ADA)/Title 24 Accessibility Standards at Longfellow Park and
Woodstock Park.
*93-102 Resolution No. 12370 "Amending the Management and
Confidential Employees Association Salary Resolution by
Establishing the Salary for the New Position of Accounting
Technician and Changing the Title of Public Works Maintenance
Superintendent to Public Works Operation and Maintenance Manager."
Adopted.
*93-103 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Amending Certain Sections of Chapter VIII (Traffic and
Motor Vehicles) Thereof, Pertaining to Parking Enforcement Holidays
and Chapter XII (Parking Lots and Parking Meters) Thereof,
Pertaining to Parking for More Than Time Permitted in Parking
Space." Introduced.
*93-104 Filing - Affidavit of City Manager and Chief of Police
pursuant to Section 17-11 of the Charter of the City of Alameda.
Approved for filing.
*93-105 Bills, certified by the City Manager to be true and
correct, were ratified in the amount of $3,646,506.81.
REGULAR AGENDA
93-106 Report from the Public Works Director on the Status of I-
880 Signage/Access Issues.
Councilman Arnerich complimented Council, the Public Works Director
and staff regarding placement of directional signs in Oakland; and
noted the street across from Jenson Street in Oakland is East
Eighth Street.
March 2, 1993
Gerhard Degemann, Alameda, suggested Council recommend to the City
of Oakland that East Eighth Street be renamed.
Following Council discussion on Oakland's concern regarding mixing
names of streets and cities on signs, the Public Works Director
stated that he would appreciate Council's assistance in encouraging
the Mayor of Oakland, and his staff, to work with Alameda on the
matter.
President Withrow stated he will have a formal meeting with the
City of Oakland.
Councilman Arnerich stated good progress has been made, and moved
to accept the report and recommendation; Vice Mayor Roth seconded
the motion which carried by unanimous voice vote - 5.
* * * * *
President Withrow announced he would like Council to talk about the
UCSF issue because changes have occurred in the last couple of
days; stated Council has spoken out unanimously in support of
bringing UCSF to the East Bay and City of Alameda; however, there
have been a number of large items that have come up, major changes,
and inquired [of the City Attorney] if Council could discuss the
issue.
The City Attorney stated it would be necessary to comply with Brown
Act requirements; four Councilmembers would need to vote on the
procedural issue; thereafter, Council can consider the substantive
matter: either discuss the item or take action on it.
Mayor Withrow reported the need to discuss the matter occurred
within the last eight hours, therefore Brown Act requirements have
been met; and stated the Chair will entertain a motion.
Vice Mayor Roth moved that Council discuss recent developments.
Councilmember Lucas stated she would like to discuss the agenda
item [ordinance] first as she would like to take it off the agenda,
and then consider other issues.
Following comments concerning appropriate procedure, Councilmember
Appezzato stated he will support a discussion [See NEW BUSINESS,
Paragraph 93-120], however, will not support a decision tonight on
a 3-2 vote.
At the request of Councilmember Lucas, and at Mayor Withrow's
direction, the Clerk read Agenda Item No. 7-C., Introduction of
Ordinance:
93-107 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Adding Article VI (The City of Alameda Improvement
Procedure Code) to Chapter III (Finance and Taxation) Thereof,
Providing for the City of Alameda Special Assessment Improvement
Procedures Law, Including General Provisions and Definitions,
March 2, 1993
9
Powers and Procedures for the Purpose of Providing Financing for
Specified Purposes, and Certain Other Supplemental Provisions."
In response to Vice Mayor Roth, the City Attorney reviewed the
purpose of the ordinance, and procedure to be followed in forming
an Assessment District,
Councilmember Appezzato stated since there is still concern as to
whether loan agreement will go forward, and since Alameda has yet
to receive confirmation that other cities are willing to join this
City in loaning money to Harbor Bay, it seems premature to hold
hearings regarding a Special Assessment District to provide
security for a loan. He further stated there is still some
question as to the financial status of Harbor Bay, and since many
citizens have voiced concern regarding the conditions of the loan,
he moved that this item [ordinance] be continued until Council
receives more information on which to make an informed decision.
Councilmember Lucas seconded the motion.
Following Vice Mayor Roth's comments regarding the multiple
purposes for the ordinance, the City Attorney affirmed it is
general enabling legislation which can be used for many purposes,
e.g., railroads, light transit.
The motion carried by the following voice vote: Ayes:
Councilmembers Appezzato, Lucas, Roth and President Withrow - 4.
Noes: Councilman Arnerich - 1. Absent: None.
93-108 Ordinance No. 2625, N.S. "Amending the Alameda Municipal
Code by Amending Subsection 30-21.2 (Administrative Variance),
Subsection 30-21.4 (Administrative Use Permit), and Subsection 30-
25 (Appeals) of Article I (Zoning Districts and Regulations) and
Subsection 30-36 (Design Review Procedures) of Article II
(Structural Design Review Regulations), Chapter XXX (Development
Regulations)." Adopted.
Councilmember Lucas moved adoption of the ordinance. Vice Mayor
Roth seconded the motion which carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
93-109 John Barni, Sr., Alameda, inquired when the traffic
signal at Fernside Blvd. and Encinal Avenue will be connected; the
Public Works Director responded in two weeks, weather permitting.
93-110 John Barni, Sr., Alameda, complained vehicles travel 50
or 60 mph in the vicinity of Fernside Blvd. and Encinal Avenue to
East Shore Drive, and requested police patrol the area.
93-111 John Barni, Sr., Alameda, stated he takes exception to
the manner in which the Chair treats the public [speakers]; and
would like to be given the same consideration as those speakers who
are allowed to address the Council after public portion of a
March 2, 1993
hearing has been closed.
93-112 Bill Garvine, Alameda, thanked Council for the stop signs
that surround Edison School; he has been concerned about the safety
of the children during commute hour.
93-113 Councilman Arnerich stated he wished the School District
would look at the fees charged to youth organizations wanting to
use restroom facilities on weekends: fees between $25.00 - $75.00
per hour to open restrooms.
Mr. Garvine stated he has discussed the matter on many occasions
with Senior Staff; and often it depends on the spirit of the site
administrator.
NEW BUSINESS AND UNFINISHED BUSINESS
93-114 Appointment to the Finance Committee. (Councilmember
Appezzato)
Councilmember Appezzato appointed Mr. Noel Folsom to the Finance
Committee.
93-115 Councilmember Appezzato stated Council should consider
doing away with the Cable Oversight Committee, and place that
function under the Public Utilities Board.
93-116 Councilmember Appezzato announced he will meet with the
Sub-Committee of the Business and Waterfront Improvement Project
[Joint Committee for Area Wide Strategy Plan] Thursday morning in
Room 316, City Hall; that he was a member of the Committee when
serving on the Planning Board; and he has been requested to
participate during the transition.
93-117 Councilmember Appezzato stated on January 5th, by a three
to two vote, Council approved raising garbage rates by three to ten
percent; a week later, San Leandro City Council, unilaterally,
voted to raise the fee it charges Oakland Scavenger [Waste
Management] by 3,000% for the privilege of using Davis Street dump
site; Oakland Scavenger may have been aware of increase in
December; if so, why was not Alameda, so that all information would
have been available to Council when voting on raising rates.
Furthermore, it is his understanding that fee increase imposed by
San Leandro will be passed on to Alameda citizens next year, and
may be retroactive.
Councilmember Appezzato requested a staff report, for a future
Council meeting, that will inform Council and citizens just how
much garbage rates will rise because of this singular action of San
Leandro; and stated he is not pleased that Council did not have all
the information when it was apparently available.
Mayor Withrow stated an investigation of San Leandro's action
determined it was legal, although matter is being challenged by
March 2, 1993
four cities in Alameda County; the matter has been in the
newspapers; Waste Management does not have a unilateral right to
pass on increase.
The City Attorney stated Councilmember Appezzato's and Mayor
Withrow's issues can be brought back in the same staff report.
93-118 Councilmember Lucas stated Oakland has made it more
difficult for individuals to obtain gun dealer licenses; as a
result, there has been an increase in residential gun dealers in
adjacent cities; and requested a staff report for the next Council
Meeting on what the residential increase has been since May, 1992.
93-119 Councilman Arnerich remarked on situations which
contribute to catastrophes; stated he would like the Fire Chief to
have safety personnel check all public buildings owned and operated
by the City of Alameda; and write letters to Alameda Unified School
District, Alameda Hospital and Nursing Homes requesting them to
inspect their premises.
93-120 Vice Mayor Roth made a motion that Council discuss recent
developments of the UCSF ferry; Councilmember Lucas seconded the
motion. [See paragraph immediately preceding Paragraph 93-107
ordinance regarding Special Assessment Improvement Procedures Law]
Councilmember Appezzato stated he is willing to discuss the matter
if Council can agree that no action will be taken this evening.
Vice Mayor Roth stated he has no problem with that; noted a Special
Meeting could be called, and having a discussion will indicate
whether or not a Special Meeting will be necessary.
Councilman Arnerich stated he does not want to discuss the matter
unless it is agendized.
The motion carried by the following voice vote: Ayes:
Councilmembers Appezzato, Lucas, Roth and President Withrow - 4.
Noes: Councilman Arnerich - 1. Absent: None.
President Withrow reviewed the background of the proposal to bring
UCSF to the East Bay; noted the County Economic Development
Advisory Board has not been able to encourage cities to put forth
funds in lieu of words; Oakland has no problem providing the loan
but would like it to be in conjunction with locating the University
in Oakland; without the ferry connection, there would be no second
campus in the East Bay according to the Vice Chancellor; and
Council now has a short timeline in which to vote to support, or
not support, UCSF coming to Alameda.
Councilmember Appezzato suggested the matter be agendized; stated
he still has a number of questions, and Council needs to take a
look at specifics.
Councilmember Lucas stated the issue is: can we assist in bringing
March 2, 1993
2
the campus here by funding the ferry service; the Traffic
Improvement Fund is an appropriate fund to assist commute or ferry
service; noted Alameda has a history of supporting businesses and
governmental institutions, e.g. giving land to Naval Air Station
for $1.00 per year; she understands UCSF is willing to try
[operation] on a one-year basis, and she is willing to commit City
funds for a one-year trial program in the amount of $400,000 for a
ferry loan; the security would have to be provided by Harbor Bay
Isle Associates; and see if they accept; and that is her proposal
to put on the agenda.
Councilmember Appezzato added the subject of private investors can
be addressed also when the matter is agendized.
* * * *
Vice Mayor Roth moved to continue the meeting past 11:00 p.m.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
* * * *
Councilman Arnerich stated he would like to have UCSF in Alameda,
noted cities who were to participate have been pulling out or
deferring action; the funding may not be paid back; and he cannot
support proposal.
President Withrow called a Special Council Meeting for Friday,
March 5, 1993, at 6:00 p.m.
ADJOURNMENT
93-121 President Withrow adjourned the meeting in memory of
Maynard "Bob" Gannon, a Member of the Golf Commission; and at the
request of Councilman Arnerich, Bobby Max Adams, a local
businessman and owner of Ole's Waffle Shop.
Respectfully submitted,
"
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
March 2, 1993