1992-01-21 Regular CC Minutes14
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
JANUARY 21, 1992
The meeting convened at 7:31 p.m. (following the Community
Improvement Commission Meeting) with President Withrow presiding.
The Pledge of Allegiance was led by Councilmember Lucas, and
Reverend Dorothy Kimbrell gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth,
and President Withrow - 5.
Absent: None
[President Withrow left the meeting at
approximately 9:30 p.m.]
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Withrow announced that Council adjourned to Closed Session [at
7:06 p.m.] to consider:
92-033 Watson Butcher, Marion Butcher and Gary Heaton v. City of
Alameda pursuant to Subsection (a) of the legal counsel section of
the Brown Act: Mayor Withrow stated no action was taken.
92-034 Significant Exposure to Litigation, pursuant to Subsection
(b) of Government Code Section 54956.9 of the Brown Act: Mayor
Withrow stated no action was taken.
CONSENT CALENDAR
At Councilman Arnerich's request report (92-058) regarding
acceptance of work by Sausal Corporation was pulled from the Consent
Calendar for discussion.
Councilmember Lucas moved approval of the Consent Calendar with the
exception of the item noted in the previous paragraph.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote with the exception that Councilmember Lucas
stated she would abstain from voting on the Minutes of December 20,
1991, as she was absent.
*92-035 Minutes of the Regular Council Meeting of January 7, 1992,
and Special Council Meetings of December 20, 1991, and January 7,
1992. Approved. [Councilmember Lucas abstained on December 20,
1991 Minutes.]
*92-036 Report from Finance Director submitting Investment Portfolio
as of December 31, 1991. Accepted.
*92-037 Resolution No. 12188 "Adopting Plans and Specifications and
Calling for Bids for Sidewalk Improvements: St. Charles Street
North of Eagle Avenue, No. P.W. 12-91-16, and Street Improvements:
Bay Street North of Eagle Avenue, No. P.W. 12-91-17." Adopted.
*92-038 Resolution No. 12189 "Adopting Plans and Specifications
January 21, 1992
Identified as P.W. 12-91-13, Calling for Bids for Fire Station No.
2 Modification and Seismic Upgrade and Directing City Clerk to
Advertise Same." Adopted.
*92-039 Resolution No. 12190 "Authorizing Staff to Apply for an
Environmental Mitigation Program Grant for the Main Street Corridor
Linear Park Project and Affirming the City's Authority to Carry Out
Said Project." Adopted.
*92-040 Resolution No. 12191 "Resolution Codifying Existing Fees
for Various City Services and Permits." Adopted.
*92-041 Ordinance No. N.S. "Amending the Alameda Municipal
Code by Amending the Following Sections 3-1313, Title III, Chapter
13, Article 1; Section 3-1513, Title III, Chapter 15, Article 1;
Section 5-152 (b), Title V, Chapter 1, Article 5; Section 5-162,
Title V, Chapter 1, Article 6; Section 5-264.2, Chapter 2, Title V,
Article 6; Section 6-223, Title VI, Chapter 2, Article 2; Section
10-146, Title X, Chapter 1, Article 4; Section 10-155, Title X,
Chapter 1, Article 5; Section 10-726, Title X, Chapter 7, Article
1; Section 16-236, Title XVI, Chapter 2, Article 3; and Section
17-368, Title XVII, Chapter 3, Article 6, Relating to Various
Central Permit Fees for Permit and Services." Introduced.
*92-042 Ordinance No. • N.S. "Amending the Alameda Municipal
Code by Amending Section 10-942-(c) of Chapter 9, Title X, Article
4, Thereof, Relating to Certificate of Approval." Introduced.
*92-043 Ordinance No. N.S. "Amending New Series Ordinance
No. 1929, Establishing Certain Fees and Charges for Various
Services and Permits." Introduced.
*92-044 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Amending the Following Sections: 14D9, 14D10, 173, 233,
319.2(f) , 1102, 1357.2(a), & (b) , 1610(a) (b)(c)(d)&(e), 3110(b) &
(g) of Title XI, Relating to Zoning Fees." Introduced.
*92-045 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Amending Section 2-711, Title II, Chapter 7, Article 1,
Thereof, Relating to Filing Fees." Introduced.
*92-046 Ordinance No. , N.S. "Amending New Series Ordinance
No. 2335 Establishing a Fee Schedule for Applications to the
Historical Advisory Board." Introduced.
*92-047 Ordinance No. N.S. "Establishing Fees for Various
City Services and Permits." Introduced.
*92-048 Ordinance No. N.S. "Amending New Series Ordinance
No. 1931, Establishing Certain Planning Department Fees and Charges
for Various Services and Permits." Introduced.
*92-049 Ordinance No. , N.S. "Amending New Series Ordinance
No. 1931, Relating to Fee Schedules, by Deleting Exhibit B, Special
Programs." Introduced.
January 21, 1992
16
*92-050 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Amending Section 2-314 (5), Article 1, Chapter 3, Title II,
Relating to Duties of City Recreation Commission." Introduced.
*92-051 Ordinance No. , N.S. "Amending New Series Ordinance
No. 2485, Relating to the 1988 Edition of the Uniform Building Code
and the 1988 Edition of the Uniform Building Code Standards, by
Amending Section 304(C) of the Uniform Building Code Plan Review
Fee." Introduced.
*92-052 Ordinance No. , N.S. "Amending the Following Alameda
Municipal Code Sections: Title VII, Chapter 1, Article 1, Vehicles
for Hire, Sections 7-114 and 7-118 Relating to Taxicab Permit Fees,
Standards of Maintenance and Annual Inspections; Title XII, Chapter
7, Article 6, Massage Establishments, Massage Technicians, and
Massage Services, Sections 12-765 and 12-7612 Relating to Permit
Investigation and Fee; Title XVI, Chapter 1, Article 1, Section
16-6112 Relating to Private Patrol Watchman Permit." Introduced.
*92-053 Ordinance No. N.S. "Amending the Alameda Municipal
Code by Amending Sections 2-522 of Chapter 5, Article 2, Title II,
Fees to be Charged by Supervising Animal Control Officers; and
Section 9-145 of Chapter 1, Article 4, Title IX - License Fees."
Introduced.
*92-054 Ordinance No. , N.S. "Amending New Series Ordinance
No. 2410, Establishing a Fee Schedule for Fire Code Permit Fees."
Introduced.
*92-055 Ordinance No. N.S. "Accepting Dedication of 0.117
Acre Shoreline Pedestrian Access Parcels from Alameda Marina Village
Associates." Introduced.
*92-056 Filing - Affidavit of the City Manager and Chief of Police
Pursuant to Section 17-11 of the Charter of the City of Alameda.
Approved.
92-057 Bills, certified by the City Manager to be true and correct,
were ratified in the sum of $1,359,882.36.
91-058 Report from Assistant City Manager recommending acceptance of
work by Sausal Corporation, for the Replacement of Existing
Maintenance Facilities and the Remodelling of Facilities at the
Alameda Golf Complex.
Councilman Arnerich stated the project was completed ahead of time,
and under projected bid; he would like letters of commendation sent
to Assistant City Manager, Golf Commission, Golf Course
Superintendent Dennis Plato and Golf Course Operations Manager Fred
Framsted.
Councilman Arnerich moved acceptance of the report; Councilmember
Camicia seconded and the motion was carried by unanimous voice vote
-5.
January 21, 1992
17
AGENDA ITEMS
92-059 Written Communication from Tri-Valley Council requesting
support of proposed process to develop a Bay Area Cities position on
regional governance. (Vice Mayor Lucas)
Councilmember Lucas stated the Tri-Valley Council has a good
approach to solving problems and she suggests Council support their
[proposed] process.
In response to Councilman Arnerich's inquiry, Councilmember Lucas
stated Tri-Valley repeats ABAG's November 21, 1991, position, e.g.,
concern about regional government, cost, and representation; she
believes Tri-Valley expresses Council's concerns.
Councilmember Lucas moved Council support the position of Tri-Valley
Council; Councilman Arnerich seconded the motion which carried by
unanimous voice vote - 5.
92-060 Written Communication from Lawrence E. VanHook and Clayton
W. Guyton, Alameda, requesting Council place the matter of district
elections on the June Ballot.
James Sweeney, Alameda, stated he lives in West End, [districting]
would not enable him to vote for best qualified people in the City
[City-wide], nor oppose those he believes unqualified; to adopt
districting would fracture and disunify the City; people must not
discriminate, [must] do what is best for the whole City; recommends
Council not put proposition on ballot.
Diane Coler-Dark, Alameda, stated Alameda is not a large City
requiring districts, and opposed district elections.
Linda Larkin, Alameda, expressed concern about the need for looking
into the matter of appropriate number of registered voters, and
representation for districts.
Herb Severns, Alameda, stated he would like to see the matter on the
ballot.
Councilmember Roth inquired about the cost of placing a measure on
the ballot at a regular election.
The City Clerk responded the printing cost, which would be the
primary expense, could range between $3,000 to $6,000.
Councilmember Lucas stated Alameda is unified; she prefers a City
Council which works on problems together; that concern might not
exist to the same degree if a Councilmember was responsible for one
district only; there is no benefit to putting a [district
elections] measure on the ballot.
Councilman Arnerich stated he concurs with Councilmember Lucas and
Mr. Sweeney; last year nine persons ran for Council and two West
End persons were elected; wards and districts are good in large
metropolitan areas; in districts, elected officials often work only
January 21, 1992
18
for their districts; he likes to serve the entire City, therefore
will not vote for districting to be on the ballot.
Councilmember Camicia moved acceptance of the communication.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
92 -061 Report from the City Manager forwarding recommendations from
Boards and Commissions on Naming City Facilities /Properties.
Jack Clark, Alameda, stated no one has worked longer or harder to
improve the Golf Course than Chuck Corica, and requested Council
consider his name for renaming the Golf Course.
Gerhard Degemann, Alameda, requested the City Council name the Golf
Course after former Mayor Chuck Corica.
Dr. Alice Challen, Alameda, concurred with previous speakers and
expressed desire for Council to vote unanimously for naming the Golf
Course after Chuck Corica.
Linda Larkin, Alameda, stated she supports naming a facility after
Chuck Corica, and believes Buena Vista Park is a better choice.
John Hand, Alameda, commended Chuck Corica, and stated the Golf
Course should be named for him.
Don Roberts stated he concurs with previous speakers, supports name
of Chuck Corica Golf Course Complex; and urged Council support
Boards and Commissions by following positive recommendations for
other nominees.
Ed Clark, commented on Chuck Corica's accomplishments and expressed
support for naming the Golf Course after him.
Maynard (Bob) Gannon, Golf Commission Member, requested Council
consider renaming Alameda Golf Complex for Chuck Corica, as he
[ Corica] helped greatly improve the Complex, as well as other
accomplishments.
Robert DeCelle, Alameda, urged Council vote to rename the Golf
Complex after Chuck Corica.
Barbara Borden, Alameda, noted former Mayor Corica's accomplishments
and popularity; and stated renaming the golf Course after him would
be appropriate.
Rick Stone, Member, Golf Commission, stated the entire Commission
recommends that the Golf Complex be renamed after Chuck Corica.
Laurie Babjak, Alameda, stated she is granddaughter of Emma Hood,
represents family in support of renaming Swim Center to Emma Hood
Swim Center; noted recommendation for renaming by Recreation
Commission was endorsed by Board of Education and a Times -Star
editorial, and reviewed Mrs. Hood's service and dedication.
January 21, 1992
19
Jack Clark, Alameda, commented on Mrs. Hood's service and caring of
young people and supported the renaming.
Angela Babjak, displayed a commendation honoring Mrs. Hood; stated
her support for renaming because Mrs. Hood was loved by all the
children she devotedly served, and encouraged Council rename swim
center in Emma Hood's memory.
Dave Siliers, Golf Commission, stated his support for former Mayor
Corica, noted that persons come in with many suggestions but Council
has report before it, and should support Boards' and Commissions,
recommendations for naming of facilities.
Councilmember Camicia stated commitment people make in serving
community should be recognized; people he proposed have made
significant commitment; the ultimate commitment of Charles
Gonsalves should be recognized.
Councilmember Camicia requested Council proceed with entire proposed
list with exception of renaming new Library after Lois Hanna, and
[College of Alameda] baseball diamond after Dick Bartell; both
names should be held in abeyance as neither [facility] is certain;
stated he hopes future Councils would have policy that when
facilities become available, or when appropriate, people who have
made a commitment to this community be considered.
Councilmember Roth inquired if Councilmember Camicia is indicating
Council should override some of the [Board/Commission]
recommendations.
Councilmember Camicia stated asking commissions for opinions is
appropriate; they could have provided names; he has provided names
he believes are appropriate, are across the political spectrum, and
Council can take action on its own.
President Withrow stated people have committed much time and effort;
Chuck Corica committed 20 years to Council and William McCall, 23
years; both are still contributing, and giving individual
recognition is worthwhile.
Councilman Arnerich agreed and stated he will abstain on the Swim
Center item; he will uphold, and not override, the recommendations
by the Boards and Commissions.
President Withrow stated he will support a motion for the entire
slate.
Councilmember Lucas stated she agrees with Councilman Arnerich and
will support recommendations of the Boards and Commissions.
The City Manager explained the Golf Commission requested the
Training Academy be named after Mrs. Arnerich, rather than either
Golf Course Memorial Road or a new golf building.
Jack Clark, Alameda, stated, apparently the name Charles Gonsalves
will not come up tonight; there were three possible Medal of Honor
January 21, 1992
winners with strong Alameda connections, and researching closely
would be wise.
Councilmember Roth inquired if a recommendation was received from
the School Board concerning the naming of the Swim Center.
Councilmember Lucas replied the Board of Education supports that
recommendation.
Councilmember Roth stated anyone who adds a name to a list for
consideration should be required to supply [background] information
and staff should need only to verify.
Councilmember Camicia moved Buena Vista Park be renamed Gonsalves
Park. The motion failed for lack of a second.
Councilmember Camicia moved Municipal Golf Complex be named for
former Mayor Chuck Corica. Councilmember Lucas seconded the motion
which was carried by unanimous voice vote - 5.
Councilmember Camicia moved [Golf] Training Academy be named for
Norma Arnerich. Councilmember Lucas seconded the motion which
carried by the following voice vote: Ayes: Councilmembers Camicia,
Lucas, Roth and President Withrow - 4. Noes: None. Absent: None.
Abstentions: Councilman Arnerich - 1.
Councilmember Camicia stated he would hold the library [naming]
until a determination is made as to the status of the new library.
Councilmember Camicia moved the Bureau of Electricity Building be
renamed for William McCall.
Councilmember Roth inquired why [the Public Utilities Board]
postponed a decision until the building is closer to completion.
The City Manager stated possibly the PUB believed it better to wait
for final approval of the building; funding has not been approved
by Council; plans and specifications have not been approved, and
perhaps the PUB wanted to make sure the structure was under
construction.
Councilman Arnerich stated the Board may believe that if the
building is not completed, perhaps another area could be considered;
Mr. McCall has spent more time than anyone else as City Mayor and
Councilmember, and on Boards and Commissions, and he does not
understand why there should be a delay.
President Withrow stated he sees no reason to wait.
Councilmember Camicia moved former Mayor William McCall for the
[naming] of the Bureau of Electricity Building.
Councilman Arnerich added a provision that if [a new building]
should not be constructed, he would like something reserved for Mr.
McCall; and seconded the motion. The motion was carried by
unanimous voice vote - 5.
January 21, 1992
.11
Councilmember Camicia moved Park-Otis Senior Center be named for
George W. Beckam, Jr., and Lloyd E. Hurwitz. The motion failed
for lack of a second.
Councilmember Camicia moved Independence Plaza be renamed Anne
Diament Plaza for the first-elected-woman Mayor of the City. The
motion failed for lack of a second.
Councilmember Lucas stated she would like something named for Anne
Diament but the Plaza was named in a contest; the name is
appropriate, fits in with American scene in Marina Village Area, and
has good connotation for senior complex; she would like another
site or building named for former Mayor Diament.
Councilmember Camicia made an alternate motion: the Anne Diament
Independence Plaza. Motion failed due to lack of a second.
Councilman Arnerich agreed with Councilmember Lucas that the name
Independence Plaza is appropriate and was chosen with much thought;
and he would like Anne Diament's name placed on another list.
Councilmember Roth stated he does not like to rename sites
named; that was his problem with the Buena Vista [Park];
when something new is built or City Hall is renamed [Anne
can be considered; other [facilities] will be available
future.
already
perhaps
Diament]
in the
Councilmember Camicia moved the Swim Center be named for Emma Hood.
Councilmember Lucas seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth
and President Withrow - 4. Noes: None. Absent: None.
Abstentions: Councilman Arnerich - 1.
Councilmember Camicia moved renaming Shoreline Park for former
Supervisor Fred Cooper, [Alameda County Board of Supervisors]. The
motion failed for lack of a second.
Councilmember Camicia moved the [College of Alameda]
diamond to be named for Dick Bartell be held in abeyance
clearer decision is made concerning the baseball diamond.
failed due to lack of a second.
President Withrow stated he has no problem waiting but his
is that the matter should be viewed as when, and not if, a
diamond is constructed.
Councilmember Camicia stated Peralta [Community College
would need to participate in the decision also.
Councilmember Camicia moved the Corporation Yard be named the Mark
Hanna Corporation Yard. Councilmember Lucas seconded the motion
which was carried by unanimous voice vote - 5.
Councilmember Camicia moved that all past Mayors and Councilmembers
be eligible for naming of new streets. The motion failed for lack
January 21, 1992
baseball
until a
Motion
position
baseball
District]
22
of a second.
Barbara Borden questioned tabling the renaming of new Library after
Lois Hanna; stated existing Library should be named for her, or
reserve name for new Library; the Board of Education are also
elected officials and she would like them recommended for street
names.
Councilmember Roth discussed policy for updating list of street
names; and stated Board of Education Members should be added.
The City Manager stated anyone can submit names to the Historical
Advisory Board for approval.
Council further discussed the procedure for suggestions and naming
of streets.
Councilmember Camicia stated Mrs. Borden makes a good point and he
would not mind reserving that [facility] for Lois Hanna; and so
moved. Councilmember Lucas seconded the motion.
Following brief Council discussion Councilmember Camicia restated
his motion to reserve the new Library Building for Lois Hanna.
Councilmember Roth stated he will second that if the motion includes
that if a new Library Building is not built, the current main
Library be renamed.
Councilmember Lucas stated the new Library may be several years
away; there may be another person that people want to name the new
Library after; and acting on that [building] is premature.
Councilmember Camicia reiterated his motion is to name the new
Library for Lois Hanna.
The motion carried by the following voice vote: Ayes:
Councilmember Camicia, Roth and President Withrow - 3. Noes:
Councilmembers Arnerich and Lucas - 2. Absent: None.
President Withrow clarified the motion, that the new library is to
be named after Lois Hanna; and if there is no new Library, the old
Library will carry the name Lois Hanna.
Councilmember Camicia confirmed that was the motion.
President Withrow entertained a motion regarding street names.
Councilmember Camicia so moved. Councilmember Roth clarified the
motion was to add names of past Mayors, Councilmembers, and Board of
Education Members to the pool of names for new streets.
Councilmember Camicia confirmed that, and Councilmember Roth
seconded the motion .
Councilman Arnerich stated street naming should not be restricted
and he would like to see commissioners, or any persons who have
contributed to the community, be eligible for street names.
Councilmember Roth stated the motion is not to limit, but to be
January 21, 1992
considered.
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Roth and President Withrow - 3. Noes:
Councilmembers Arnerich and Lucas - 2. Absent: None.
Gerhard Degemann, Alameda, stated everyone should be included for
naming of streets.
Councilmember Camicia moved to accept the report. Councilmember
Lucas seconded the motion which carried by unanimous voice vote - 5.
92-062 Report from Public Works Director recommending approval of
payment to Alameda Gateway, Ltd. for Federal Emergency Management
Act (FEMA) Approved Costs Incurred for Emergency Ferry Terminal
Construction.
Councilmember Camicia moved approval of the report and
recommendation. Councilmember Lucas seconded the motion which was
carried by unanimous voice vote - 5.
92-063 Report from Community Development Director recommending
Reprogramming CDBG Funds and Amending FY 1991-92 Final Statement.
Virginia Krutilek, Chair, Alameda Homeless Network, encouraged
Council to vote favorably for reprogramming of the funds.
Councilmember Lucas commended Mrs. Krutilek for doing such an
excellent job, and raising the amount of funds in difficult times.
Councilman Arnerich moved acceptance of the recommendation
[including amendments to existing grant agreements). Councilmember
Camicia seconded the motion which was carried by unanimous voice
vote - 5.
92-064 Report from Community Development Director recommending
Allocation of Affordable Housing Funds to Match "Alameda
Thanksgiving" Funds for Homeless Programs.
Virginia Krutilek, Chair, Alameda Homeless Network, commended Jim
Franz, Chair, Alameda Mayor's Thanksgiving Committee; stated he and
Network acted as agent on behalf of people who supported the
program.
Councilmember Lucas moved the recommendation [to appropriate
Affordable Housing Funds to match 1991 "Alameda Thanksgiving" funds
for homeless programs, and authorize agreements]. Councilmember
Camicia seconded the motion.
Councilman Arnerich commended the program, and the response by the
citizens of Alameda who donated approximately $42,000.
President Withrow noted last year the amount collected was $38,000;
and commended Jim Franz and the committee of volunteers for their
efforts.
January 21, 1992
2
The motion was carried by unanimous voice vote - 5.
* * * * *
The City Manager noted he has requested the following four items be
pulled from the Agenda.
92-065 Resolution No. "Determining to Undertake Proceedings
Without Further Action under Division 4 of the Streets and Highways
Code, City of Alameda, Harbor Bay Business Park Assessment District
92-1." (Removed from the agenda at the request of the City Manager.)
92-066 Resolution No. . "Appointing Engineer, Attorneys and
Underwriter, City of Alameda, Harbor Bay Business Park Assessment
District 92-1." (Removed from the agenda at the request of the City
Manager.)
92-067 Resolution No. "Resolution of Intention to make
Acquisitions and Improvements, City of Alameda, Harbor Bay Business
Park Assessment District 92-1." (Removed from the agenda at the
request of the City Manager.)
92-068 Resolution No. "Preliminarily Approving Engineer's
Report, Appointing Time and Place of Hearing Protests and Directing
Actions with Respect Thereto, City of Alameda, Harbor Bay Business
Park Assessment District 92-1. (Removed from the agenda at the
request of the City Manager.)
92-069 Resolution No. . "Approving Salary Resolution and
Benefits for the Management and Confidential Employees Association
and for five other Management Positions and for the three City
Council appointed positions for period January 1, 1992 to December
31, 1992."
Richard Nisewaner, Alameda, stated no raise should be granted at
this time; many people are unemployed and businesses are not doing
well; care should be taken before handing out money to anyone.
Don Roberts, Alameda, stated the proposal for City Manager and City
Attorney is not clear; commented on benefits noted, and inquired
why the clarification of benefits is being made now.
The City Manager stated the prior salary resolution included car
allowance for the City Attorney and the administrative leave
provision, therefore there is no increase for City Manager or City
Attorney in those items.
John Barni, Sr., Alameda, stated, at this time, because of country's
economy, this is no time to boost salaries of officials making a
decent living.
Robert LaGrone, Alameda stated due to budget cuts, he has made
demands on staff who responded without complaint, donating time to
City to provide savings so firefighters would not be laid off;
about 500 employees were granted raises of 5 to 7 1/2 percent and
management employees are the only employees left out; some
January 21, 1992
25
supervisors are paid less than employees they manage, and the effect
is demoralizing.
Marge McLean, Secretary, Management and Confidential Employees'
Association, requested Council's support of the salary resolution;
stated the Association is aware of difficult times, and is asking
only for a reasonable increase in salary and benefits and that
Council treat the Association on an equal basis.
Richard Rudloff, President, Management and Confidential Employees'
Association, stated Council negotiated salary adjustments of around
5% for vast majority of City's employees; this package requests
less, and is for only a one year period; each association member
works long and hard to accomplish more with less available
resources.
Councilmember Roth addressed Mr. Barni's comment, noting salary
negotiations began before he [Roth] was on Council; stated this is
the end of the cycle; he would not have approved pay increases, but
they were given, and it is not right to tell one group that they
waited for Council to address them but the City ran out of money;
that is not fair; he is working toward dealing with all bargaining
units at one time, and treating everyone the same; with burdens
placed on this group making budget cuts, asking them to do more work
and not give them a 2 1/2 percent increase, is unfair; he would
rather pay a going rate and if that is not affordable, a service
must be eliminated; he will support 2 1/2 percent at this time.
Councilmember Lucas stated she will not agree to proposed increase;
is impressed with staff performance; but so many Americans being
laid off is not fair; businesses in Alameda are suffering; so she
cannot agree to pay raises at this point; that does not mean that
pay raises will not be granted at a later time when City funds
permit.
Councilman Arnerich stated he agrees with Vice-Mayor; everyone does
a diligent job, however, this is a time of economic uncertainty; he
would like this placed on hold with appropriate percentages, until
the proper time when the City Manager sees (economic] recovery; he
(Arnerich] must say no, instruct the City Manager to bring this
matter back at appropriate time; and will not approve increase at
this time.
Councilmember Camicia stated Council a year ago had an opportunity
to hold the line on spending and did not do it and therefore
tonight, there is nothing left; Councilmember Roth is correct that
all the contracts must be addressed together at one time.
Councilmember Lucas moved Council not grant the salary and benefit
increase.
Councilmember Camicia requested stipulation that Councilmember
Roth's suggestions be followed through to investigate tying
contracts together, and to look at discrepancies whereby the highest
paid Fire Captain makes more money than the lowest step management
Assistant Chief, and discrepancies in benefits, which need to be
January 21, 1992
26
corrected.
Councilmember Lucas agreed (to include those items].
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia, Lucas, and President Withrow - 4.
Noes: Councilmember Roth - 1. Absent: None.
92-070 Resolution No. "Proposing to amend the City of Alameda
Charter Pertaining to the Preservation of Alameda's Public Parks and
to include the Proposal in the Consolidated June Primary Election to
be held in the City of Alameda on Tuesday, June 2, 1992."
Don Roberts, Alameda, inquired if open space such as the Portola
Triangle would be included as requiring a vote of the people before
any other use could be made of the property.
The Recreation and Parks Director stated Portola Triangle is a grey
area; and is not considered a park but a special area.
Don Roberts clarified his question for the City Attorney was whether
the phrase "recreational lands" would encompass property in the City
owned as open space which is being used for recreational purposes.
The City Attorney stated specific areas could be answered by the
Recreation and Parks Director; regarding specifics of the language,
she read the definition of Public Parks from proposed Charter
Section 22-12, as stated in ordinance.
Don Roberts, Alameda, inquired if anything designated as open space
would be encompassed by the proposal, and Councilman Arnerich
replied affirmatively.
* * * * *
President Withrow stated he must leave for the airport to attend the
National Conference of Mayors in Washington D.C.; and requested
Vice-Mayor Lucas chair the remainder of the Meeting.
* * * * *
The City Attorney stated the purpose of this [proposal] is to
prevent the sale or disposition of public parks, and further
commented on the proposal.
Mr. Roberts encouraged Council to support Councilman Arnerich's
proposal.
Carl Rubin, Alameda, stated he had the same question as Mr.
Roberts; neighbors near Portola Triangle enjoy, and hope to keep,
that land as open space.
The City Attorney stated the proposal does not affect City's use of
public parks; does not address City's right to do anything on
Portola Triangle, but does affect City's ability to sell or dispose
of the property.
Council briefly discussed landscaped areas and passive parks with
January 2, 1992
27
the City Manager. The City Manager stated the amendment could
include landscaped areas and passive parks, or only passive parks.
Councilmember Roth stated the whole [proposal] makes him
uncomfortable; he does not see why a Charter amendment, and the
spending of $6000 to do it, is required.
Councilman Arnerich stated he is trying to see that future citizens
have a legacy.
Clayton Guyton, Alameda, stated he is concerned about open space;
because he does not know what that means; if this [proposal] will
keep the City from living up to its obligations, he is concerned,
and would like a copy to give his attorney.
Councilman Arnerich responded the ordinance is only to protect
parks, boat ramps, golf course, and designated open space; open
space has nothing to do with housing or housing stock; if it [the
land) is to be sold for any reason, the matter goes to a vote of the
people.
Acting President Lucas noted the provision only affects City-owned
property.
The City Attorney noted the Housing Authority is a separate entity
from the City, and this [proposal] only affects City-owned property.
Councilman Arnerich moved the resolution proposing to amend the City
Charter pertaining to the preservation of Alameda's public parks and
to include proposal in the Consolidated June Primary Election to be
held June 2, 1992, be approved. The motion failed for lack of a
second.
Councilman Arnerich stated he will be asking for a complete
statement from everyone who voted, for monies taken in by the Board
of Alameda Realtors, who have a direct primary interest in these
lands [noted in discussion] and will press forward to find if there
has been collusion; he does not see why this cannot go before the
people.
Councilmember Roth stated he did not vote; he does not mind people
having a choice [on matter] but objects to spending the $6000 to put
the matter on the ballot when nothing of the sort is pressing.
Acting President Lucas stated she would have voted for proposal and
would have seconded the motion, but realized there is no third vote,
and inquired if procedurally the matter could be agendized when the
Mayor returns.
The City Attorney stated the practice with Council is to put
something over only when Council cannot obtain a third vote; three
votes are required; and the matter is carried over when there is a
two-two vote.
Acting President Lucas inquired if she can second the motion and the
City Attorney replied she could.
January 21, 1992
28
Acting President Lucas seconded Councilman Arnerich's motion.
Councilmember Camicia stated this [amendment] is not necessary; if
a pressing threat existed, he would vote to put [the matter] on the
ballot, but neither this Council nor future Councils would vote to
sell a portion [of parks] to build.
Councilman Arnerich stated at some future point when land runs out,
developers will look at these lands; he believes this would be the
most important piece of legislation since Measure A, to preserve the
integrity of our parks and recreational systems.
Councilmember Roth stated he is not addressing the principle; the
point is, Council has discussed budget and lack of money and he
cannot see spending $6000 to place the matter on the ballot; when
the City has a lot of money that would be fine, but right now, how
would Council cut programs to put the proposal on the ballot.
Councilmember Camicia stated when there is a threat, the matter can
be brought back.
The motion failed by the following vote: Ayes: Councilmembers
Arnerich and Acting President Lucas - 2. Noes: Councilmembers
Camicia and Roth - 2. Absent: President Withrow - 1.
The City Attorney stated because it is a two-two vote, the matter
could be set over to the next meeting.
Councilmember Camicia stated he will abstain.
Councilmember Roth stated if Councilmember Camicia abstains, then
there is no tie vote.
The City Attorney stated there is still not a full vote.
Councilman Arnerich stated the matter will be on the February 4,
1992, agenda, and inquired if that would be too late for the ballot.
The City Clerk responded the matter can be handled at the February
4, 1992, meeting.
92-071 Ordinance No. , N.S. "Amending Ordinance No. 2485,
N.S., Making Findings Therefore Regarding Fire Protection for Roofs
and Chimneys to Upgrade Fire Resistent Roofing Materials from
Minimum Class C to Class A." Introduced.
Virginia vonColditz, Alameda, read a letter from her husband stating
he served on Uniform Building Code Committee; every year, various
State fire marshalls request wood shake roofs be banned but the
timber industry brings pressure and the ban fails to pass; and
further commented on danger of such roofs.
Don Roberts, Alameda, urged Council, in the interest of safety for
Alamedans, to require Class A roofs.
January 21, 1992
2 9
Gary Nickle, Concord, Steel Roofing Manufacturing Association, noted
his experience in fire service, arson investigation, fire
prevention; displayed types of roofing, stated composition roofs
are Class A; if the current Code is left until further research
could be done, some benefit could be gained.
The Fire Chief stated the ordinance is to increase fire resistive
qualities of roofs from Class C to Class A, providing more
protection; Alameda County Fire Chiefs are presenting similar
legislation to their legislative bodies; the United States fire
loss record reflects wood roofs or combustible roofs are a major
cause of fire storms and this [ordinance] would lessen catastrophic
events; and introduced Robert Burns.
Councilmember Roth discussed types of roofing with the Fire Chief,
e.g., a gravel or tar roof is Class A.
Robert Burns, Executive Director, Committee for Fire-safe Roofing,
former Fire Chief, Mountain View, certified instructor for the State
in master planning; answered technical questions regarding roofing.
Councilmember Camicia moved to introduce the ordinance. Councilman
Arnerich seconded the motion which carried by unanimous voice vote -
4. [Mayor Withrow - absent]
92-072 Ordinance No. 2574 N.S. "Amending the Alameda Municipal
Code by Amending Sections 11-14C8(d), 11-232(d) and 11-811 Through
11-821 Pertaining to Landscape Requirements Related to Parking
Dimensions and Access, Design Review, and Water Conservation, and
Adding Sections 11-822 Through 11-823 Pertaining to Water
Conservation Landscaping."
Councilmember Roth stated the same documentation to conserve water,
requires a landscaping strip; he does not understand how the City
can encourage and force people to landscape, then tell them they
cannot have certain types of plants; he would like the entire
picture reviewed, rather than simply stating we must save water;
therefore he will vote no.
The Interim Planning Director replied the ordinance
planting strip between driveway and building but
water-conserving standards, landscaping is not
sprinkling, and needs to be planting material that
water.
requires a
under new
to require
uses little
Acting President Lucas inquired if the Director's understanding is
that landscaping adds to quality of life and property value, and the
Interim Planning Director responded affirmatively.
Councilmember Camicia moved final passage of the ordinance.
Councilman Arnerich seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Arnerich, Camicia, and
Acting President Lucas - 3. Noes: Councilmember Roth - 1. Absent:
President Withrow - 1.
January 21, 1992
30
ORAL COMMUNICATIONS, NON-AGENDA
92-073 Lawrence VanHook, Alameda, requested the City Council to
reconsider their position on district elections.
Richard Nisewaner, Alameda, presented various reasons to the City
Council why district elections would not be an advantage to Alameda.
Herb Severns, Alameda, requested Council to allow the people to vote
on the matter [district elections].
Clayton Guyton, Alameda, urged Council to consider district
elections, and stated various reasons why the City should address
the matter.
NEW BUSINESS AND UNFINISHED BUSINESS
92-074 Councilmember Roth requested staff agendize review of the
Mayor's Committee for Cultural Diversity; Acting President Lucas
requested a similar report on the Navy Base Committee.
92-075 In response to Acting President Lucas, the Assistant City
Manager stated the attorney representing the Bay Farm Island
Reclamation District will deliver a request on January 22nd asking
that the item [Valuation Commissioners] be placed on the next
agenda.
ADJOURNMENT
92-076 At the request of Councilmember Camicia, Acting President
Lucas adjourned the meeting in memory of Miner Chipman, a Fire
Department Lieutenant, at 10:35 p.m.
Respectfully submitted,
D E B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
January 21, 1992