1992-10-20 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
OCTOBER 20. 1992
The meeting convened at 7:55 p.m. (following the Community
Improvement Commission Meeting) with President Withrow presiding.
Vice Mayor Lucas led the Pledge of Allegiance.
ROLL CALL -
Present: Councilmembers Arnerich, Camicia, Lucas,
Roth, and President Withrow - 5.
Absent: None.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Withrow announced Council, at a Special Meeting, adjourned at
6:40 p.m. to Closed Session to consider:
92-713 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 negotiators.
92-714 Significant Exposure to Litiaation, pursuant to
Subsection (b) of Government Code Section 54956.9 of the Brown Act:
Mayor Withrow stated no action was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
92-715 Presentation of Certificate of Service to Marjorie Rose,
former Member of the Social Service Human Relations Board.
Mayor Withrow commended and thanked Ms. Rose for her efforts on
behalf of the City; and Ms. Rose expressed her appreciation for
the opportunity to serve.
92-716 Presentation of Certificate to Evelyn Stinchcomb, former
Member of the Housing Commission.
Mayor Withrow noted Ms. Stinchcomb could not be present; and
recognized the time and effort she has spent on behalf of the City.
92-717 Joint Proclamation of the City Council and the Board of
Education Declaring the Week of November 2 through 6, 1992, as
Safety Town Week.
Mayor Withrow read the proclamation and declared the week of
November 2 through 6, 1992, as Safety Town Week and requested
Alamedans express appreciation to dedicated people who make the
safety education program a reality for Alameda's children.
92-718 Proclamation Declaring the week of October 20 through 26,
1992, AIDS AWARENESS WEEK.
Mayor Withrow read the proclamation and declared the week of
October 20, through October 26, 1992, as Aids Awareness Week and
October 20, 1992
encouraged Alamedans to better understand the affliction and offer
compassion; and presented Certificate to Kent Buehner of Alameda
Outreach on AIDS.
CONSENT CALENDAR
At the request of the public, report 92 -733 regarding Striping Plan
for Traffic Signal Installation, and 92 -734 report regarding Tract
4024 improvements; and at the request of Councilmembers, 92 -736
Salary Resolution and 92 -735 report recommending Award of Towing
Contract were removed from the Consent Calendar for discussion.
Vice Mayor Lucas moved approval of the remainder of the Consent
Calendar. Councilmember Roth seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*92 -719 Minutes of the Regular Council Meeting of October 6,
1992, and the Special Council Meeting of October 6, 1992.
Approved.
*92 -720 Report from City Clerk recommending the Regular Council
Meeting of November 3, 1992, be rescheduled for Wednesday, November
4, 1992. Accepted.
*92 -721 Report from Public Works Director regarding Bike Lane
Causing Through Movement Conflict with Left - Turners on Encinal
Avenue, Eastbound, at High Street. (Mayor Withrow) Accepted.
*92 -722 Report from Public Works Director recommending
Authorization to Develop an Agreement between City of Alameda and
Chamber of Commerce for a Transportation Management Association
(TMA). Accepted.
*92 -723 Report from Public Works Director recommending Acceptance
of a Portion of the Subdivision Improvements, Reduction of Bond
from $2,406,242 to $1,443,742, and Extension of Time of Two Years,
to November 8, 1994, in Which to Complete the Improvements for
Tract 6111 (Harbor Bay Isle Village 5, Neighborhood B). Accepted.
*92 -724 Report from the Community Development Director Proposing
City Match for Community Funds Raised through the Mayor's Alameda
Thanksgiving. Accepted.
*92 -725 Report from Finance Director transmitting Investment
Report for period ending September 30., 1992.
*92 -726 Resolution No. 12330 "Resolution for 1992 -93
Proposition 116 Applications, Delegating the Authority to Make
Screening Criteria Assurances to the City Manager, and Attesting to
Compliance with California Transportation Commission (CTC) Policies
and Clean Air & Transportation Improvement Act (CATIA)
Requirements." Adopted.
October 20, 1992.
*92-727 Resolution No. 12331 "Accepting Grant of a
Nonexclusive Access Easement Along the Alameda/Oakland Estuary from
Alameda Real Estate Investments to the City of Alameda (Alameda
Marina Village)." Adopted.
*92-728 Resolution No. 12332, "Supporting the Efforts of the
East Bay Municipal Utility District (EBMUD) in its Reevaluation of
Mokelumne River Water Rights." (Vice Mayor Lucas) (Continued from
October 6, 1992, Council Meeting) Adopted.
*92-729 Resolution No. 12333 "Adopting a Categorical
Exemption for the Atlantic and Main Street Intersection
Improvements." Adopted.
*92-730 Resolution No. 12334 "Supporting the Completion of
the 1-80 Operational Improvement Project from the Bay Bridge to
State Route 4 and Urging the Alameda County Superior • Court to
Expedite its Consideration of the Lawsuit Brought by Urban Ecology
and to Lift the Stay of Construction." Adopted.
*92-731 Resolution No. 12335 "Ratifying Public Utilities
Board Action Authorizing the Execution of the Western Area Power
Administration Contract No. 92-SAO-20054 for Electric Service to
the City of Alameda Bureau of Electricity." Adopted.
*92-732 Bills, certified by the City Manager as correct, were
ratified in the amount of $1,503,744.63.
92-733 Report from Public Works Director for reconsideration of
Striping Plan for Traffic Signal Installation at Fernside Boulevard
and Encinal Avenue and Award of Contract to St. Francis Electric
for No. P.W. 9-92-13.
John Barni, Sr., Alameda, stated residents of the East Shore
Homeowners' Association indicated at the last meeting that they
were in favor of Option 4 regarding removing right turn on Encinal
and Fernside Avenues.
Councilman Arnerich moved acceptance [of Option 4, to delete
mandatory right-turn lane, provide no merging lanes, and not remove
parking] and Councilmember Roth seconded the motion. The motion
carried by unanimous voice vote - 5.
92-734 Report from Public Works Director recommending Acceptance
of the Landscaping Improvements within Tract 4024 (Costa Brava,
Harbor Bay Isle) and Release of Associated Bond.
Gerhard Degemann, Alameda, opposed staff recommendation; complained
regarding sidewalk problems including raised areas and possible mud
sliding on pathway when it rains.
The Public Works Director stated staff could review,
complaint, and hold the matter over to the next meeting.
October
consider
20, 1992
Councilmember Camicia so moved. Councilman Arnerich seconded the
motion which carried by unanimous voice vote - 5.
92-735 Report from Finance Director recommending Award of Towing
Contract, MSP 8-92-1, to Ted & Joe's Towing of Alameda.
Councilman Arnerich questioned why Ted & Joe's should receive the
award when the towing charges are higher than Pito's Towing in
Oakland.
The Chief of Police explained the issues considered upon which the
decision was made, including reliability, responsiveness, expense
of police officers' time when waiting for response; local business
factor; convenience of storage facilities to citizens; and the
known-vendor factor.
In response to Councilman Arnerich, the Chief of Police stated the
contract can be broken on the basis of e.g., reasonableness of
response, an inordinate number of citizen complaints.
Council discussed charges in further detail with the Chief of
Police and the Assistant City Manager.
Councilman Arnerich moved acceptance of report and recommendation.
Councilmember Roth seconded the motion and stated he does not like
the fact there is only one Alameda bidder; believes City should
develop competition to provide options. The motion was carried by
unanimous voice vote - 5.
92-736 Resolution No. 12336 "Amending the Management and
Confidential Employees Association Salary Resolution by
Establishing the Salary for the New Position of Housing Development
Manager." Adopted.
Vice Mayor Lucas stated she requested this item be pulled to
question the reason for setting salary range.
The Personnel Director stated the purpose is to allow flexibility
in hiring a highly qualified person or a person less qualified at
a lower salary; and surveys showed the range to be appropriate.
Vice Mayor Lucas stated she would like the lowest step at a lower
rate; and the Personnel Director replied three additional steps
could be added reducing each step by 5% to implement the Vice
Mayor's suggestion.
Vice Mayor Lucas moved to incorporate the three extra steps at the
lower end for a total of ten steps. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
REGULAR AGENDA
92-737 Resolution No. 12337 "Appointing James D. DuPont as
Member of the Civil Service Board." Adopted.
October 20, 1992
Councilmember Camicia moved adoption of the resolution. Vice Mayor
Lucas seconded the motion which carried by unanimous voice vote -
5.
The City Clerk administered the Oath of Office to Mr. DuPont.
92-738 Resolution No. 12338
"Reappointing Cal A. Santare as
Member of the Golf Commission." Adopted.
Councilmember Camicia moved adoption of the resolution. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 5.
The City Clerk administered the Oath of Office to Mr. Santare.
92-739 Resolution No. 12339 "Reappointing R. E. "Rick"
Stone as Member of the Golf Commission." Adopted.
Councilmember Camicia moved adoption of the resolution. Vice Mayor
Lucas seconded the motion which carried by unanimous voice vote -
5.
92-740 Report from Assistant City Manager Recommending
Appropriation from the General Fund Reserve to cover Expenses
Incurred in sending the City Attorney's Ballot Measure Impartial
Analysis to Every Registered Alameda Voter.
Tony Spitaleri, Sunnyvale, representing Firefighters, stated the
$7000 [for mailing] would be a waste of taxpayers' money as
thousands of dollars have already been spent to place the Analysis
on the Ballot; taxpayers know what they are voting on;
authorization in Measure F for Council to negotiate with
Firefighters concerning work schedules is a right Council has had
since the 1950s.
In reply to Councilmember Camicia, Mr. Spitaleri stated he is an
advisor to the Firefighters.
Charles Tillman, Alameda, stated this is the first time a mailing
of this sort has been done, does not allow people to use their own
good judgment concerning the Measures; and expressed concern
regarding related expense.
David Lee, San Leandro resident, President, Alameda Firefighters'
Association, stated he opposes spending $7000 in these economic
times when reduced work hours for Alameda City Employees
Association [members] are being considered.
Chris Reilly, Alameda, Secretary, Alameda Firefighters'
Association, stated he is opposed to spending $7000 when reduced
work hours are proposed; and sending material labelled as impartial
when City Attorney's analysis contains statements somewhat untrue,
e.g., discipline.
October 20, 1992
Scott Sprott, Alameda resident, Alameda firefighter, stated he
does not understand why the impartial analysis needs to be sent out
when it is already in the sample ballot, nor using $5000 to $7000
to do it.
Rich Bennett, Alameda resident, Alameda firefighter, urged Council
not spend any more money when $6000 has already been spent to
place the measure in the sample ballot.
Don Roberts, Alameda, stated the $7000 is to duplicate what has
already been sent out to all registered voters in the City and
urged Council to conserve and use the $7000 for something more
important to the City.
President Withrow stated when the City is exposed to the legal
financial risks which appear to be confronting the City because of
Measure D, it is incumbent upon the Council to take whatever
actions are necessary to ensure the City's residents know what they
are voting for; they are voting for or against a tax increase; the
1990 Firefighters' Initial Negotiating Request submitted to the
City was priced at $3,800,000 and any increase of that order will
require a tax increase.
Councilmember Camicia moved the recommendation. Councilmember Roth
seconded the motion.
Councilmember Roth stated informing the public is Council's duty;
some voters understand the Ballot very well, and some do not; and
he will support it [motion].
Vice Mayor Lucas agreed Measure D will be damaging to the City if
it passes but she must assume the Voters read the sample Ballot and
she does not want to set the precedent of Council singling out one
particular issue as a mailer; as a democracy there must be
dependence upon the voter to vote intelligently; believes Voters
do, and she will not support the motion.
Councilman Arnerich stated the electorate in Alameda is well-
informed; he knows of no major city that has incurred difficulties
in going to arbitration; people will determine how to vote, do not
need more mailings; and he will not support this matter.
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Roth and President Withrow - 3. Noes:
Councilman Arnerich and Vice Mayor Lucas - 2. Absent: None.
92-741 Ordinance No.. , N.S. "Amending the Telephone,
Electricity, Gas and Cable Utility Users Taxes in the Event that
the Firefighters' Binding Arbitration Measure (Measure D) is Passed
by the Voters and Results in Arbitration Awards Against the City."
(Mayor Withrow)
Tony Spitaleri, Sunnyvale resident, representing Alameda
Firefighters, stated there is not a City in any of the twenty-six
October 20, 1992
states or eleven California cities that has suffered financial
disruption because of [binding] arbitration; Measure D guarantees
a fair process; it is away to settle disputes, saving thousands of
dollars on labor relations, and saves tax dollars; and suggested
Council reconsider.
Todd Martinez, San Ramon resident, Alameda firefighter, stated the
City of San Leandro attempted, without citizen approval, to raise
taxes on the premise of need due to firefighter [binding]
arbitration campaign, but the tax attempt failed.
David Macho, San Ramon resident, Alameda firefighter, stated
Measure D protects the City's financial condition.
Scott Sprott, Alameda resident, Alameda firefighter, opposed tax
without voter approval.
Chris Reilly, Alameda resident, Alameda Firefighters' Association,
stated Council is sending out information [Impartial Analyses]
written by a person [Acting City Attorney] partial to Measure E to
all citizens in Alameda.
David Lee, President, Alameda Firefighters' Association, stated he
worked with attorneys on drafting language of Measure D, and one
major point was to protect financial stability of Alameda; the tax
proposal is unnecessary as Measure D states an arbitrator cannot
make a decision for the Firefighters that would cause the City to
need to raise taxes to pay for the decision; arbitration works
because it forces both sides to sit down and negotiate to a
resolution, if not resolved, then someone [arbitrator] is called in
to listen to both sides and determine who is right.
Rich Bennett, Alameda resident, Alameda firefighter, stated he
opposes taxes without citizen input; mediation/arbitration is
currently being used by the City for the car wash issue; urged
Council not support utility tax [ordinance] because Council would
be giving an arbitrator a vehicle to increase taxes to give awards.
Denise Dousman, Alameda, stated she opposes any tax she does not
have opportunity to vote on.
Don Roberts, Alameda, stated he concurs with previous speakers as
they made compelling arguments concerning why the ordinance should
not be passed.
President Withrow stated this ordinance is contingent upon the
passing of Measure D and upon an arbitrator issuing an excessive
award, and if this ordinance passes this evening and on second
reading, it will be a law of the City and when citizens look at
Measure D on the ballot, November 3, they know if they vote for it
they are authorizing future taxation; the City is required by law
to balance the budget and either raise taxes or shut down services;
all Council can do is make sure the people understand what they are
doing.
October 20, 1992
Vice Mayor Lucas stated she will support this ordinance; Council
must make citizens aware that Measure D would have a major impact
on City finances and taxes may need to be raised; an option exists
to cut services but citizens need to be aware of the financial
danger.
Councilmember Camicia compared the current process of arbitration
with proposed binding arbitration; stated Measure D will not only
affect citizens' pocketbooks but will delete their right to vote on
tax increase from Charter.
Following Council discussion concerning sufficiency of proposed
increase, President Withrow stated if it is not sufficient, the
matter would need to come back before Council for an adjustment to
address additional monies required.
Councilman Arnerich stated, for the record, that the ordinance
would go into effect only if Measure D passes.
The City Attorney added that the ordinance would go into effect
only if Measure D passes and an arbitration award is received
against the City.
Responding to Councilman Arnerich, the City Attorney stated the
procedures for arbitration are covered by the California Code of
Civil Procedures and read portions of the ordinance concerning the
process.
Councilmember Roth commented on the selection process for the
three-member arbitration board, that the City and Firefighters
Association each choose one person and the third person
[arbitrator] is agreed upon by both City and Firefighters. The
City Attorney explained the procedure to take place if the City and
Firefighters cannot agree.
Councilmember Camicia stated Council are agreed that if Measure D
fails there is no tax increase; however, if Measure D passes,
Council may be forced to raise taxes, but has the option to cut
services.
Councilmember Camicia moved introduction. Councilmember Roth
seconded the motion which carried by unanimous voice vote - 5.
92-742 Report from Police Chief regarding Cultural Diversity
Training.
Councilman Arnerich stated Council is committed to going ahead with
the program and supported the recommendation [to direct staff to
proceed with development of cultural diversity and sensitivity
training program, and appropriate $30,000 to the Police Department
for the project's budget]. Councilmember Camicia seconded the
motion which carried by unanimous voice vote - 5.
92-743 Report from Public Works Director recommending
October 20, 1992
Authorization to Amend the Joint Powers Agreement between the City
of Alameda and the Port of Oakland and Direct Staff to Prepare a
Section 15 Report and to Continue to Negotiate with AC Transit and
Port of Oakland to Develop a Mutually Acceptable Consortium
Agreement for Future Ferry Service Operations.
Councilman Arnerich noted that the City Manager has indicated the
City should stay on top of AC Transit to continue providing proper
feeders to ferry services and the cutbacks proposed several months
ago should not take place.
President Withrow commented authorization to sign the contract is
not being considered at this time.
Vice Mayor Lucas moved the recommendation. Councilman Arnerich
seconded the motion which carried by unanimous voice vote - 5.
92-744 Ordinance No. 2618, N.S. "Amending the Alameda Municipal
Code by Amending Sections 7 and 8 of Chapter VIII (Traffic and
Motor Vehicles), Pertaining to Overnight and Parallel Parking."
Adopted.
Vice Mayor Lucas moved final passage. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
92-745 Written Communication from Hadi Monsef, Alameda,
requesting Council appoint task force to review Amnesty Program
[Determination of Number of Legal Units in a Structure]; and a
moratorium on enforcement of existing practices until matter is
resolved;
* Written Communication from Jessie Trask, Alameda,
regarding the Amnesty Program as it relates to in-law units; and
* Written Communication from Gary Fenstermaker, Gallagher
& Lindsey, Inc., Alameda, requesting Council rethink Amnesty
Program and provide more equitable solution.
Ms. Trask noted her in-law unit existed when she bought her
property; her problem is with the process; Amnesty Program
guidelines need to be reviewed; she would like to make two units
into one and maintain the basement in-law unit, however she has
been notified to remove the basement unit.
Council discussed with Ms. Trask her property's units and her
interaction with City staff.
Vice Mayor Lucas inquired if the City can inspect the building and
see if Ms. Trask's proposal for conversion into four units is
reasonable and acceptable; and discussed parking.
Hadi Monsef, Alameda, suggested Council form a task force to look
at process of grandfathering-in existing units.
October 20, 1992
President Withrow noted it is incumbent upon Seller [of property]
and real estate agent to ensure that the Buyer has full disclosure,
and no defects in the title.
Mr. Monsef stated the [Amnesty Program] should be reviewed and new
guidelines set; Trask property should be changed to four units;
perhaps there is a remedy with respect to disclosure; and Ms. Trask
needs time to put acceptable package together.
Chuck Corica, former Mayor of Alameda, stated many extensions have
been given to the Amnesty Program; one exception leads to others;
and urged Council to not tamper with Measure A.
Councilmember Roth stated if the Amnesty Program is reviewed he
will push for it to be much stronger.
President Withrow stated California law requires full disclosure,
liability is associated with it, and he sees no reason Council
should be confronted with being concerned about someone's exposure
to financial liability, as that is covered.
Councilman Arnerich stated he does not want to revisit this; it is
time for Council to strictly adhere to Measure A; Ms. Trask has
five units and must remove the fifth unit.
Mr. Corica inquired what happens when a granny unit is necessary,
installed, and that person dies; does property become a multiple
[dwelling] or is removal [of the unit] required.
Councilmember Roth raised the question of whether or not granny
units contain kitchens.
Vice Mayor Lucas stated granny units are built in single family
homes so the properties would never be more than a duplex.
The City Attorney clarified the units have kitchens; built in
conjunction with single family homes; property is never more than
a duplex and no violation of Measure A occurs.
Councilmember Camicia stated Ms. Trask has a unique problem, and
gathering historical records to determine when any remodeling
occurred is difficult, and moved Ms. Trask be allowed two weeks to
put records together.
Vice Mayor Lucas commented Ms. Trask has completed research and is
willing to reduce the number of units to four and that makes sense,
although perhaps the four units need to be arranged differently,
with the understanding that Council will not approve five units.
Councilmember Roth seconded the motion.
Councilman Arnerich requested Ms. Trask confirm that she will
commit to conversion to four units.
October 20, 1992
Ms. Trask noted the unit is leased for six months, and discussed
possible liability.
The Public Works Director stated if Ms. Trask can produce a plan
that will meet reasonable code requirements and within a reasonable
period of time, he sees nothing wrong with combining the units as
Ms. Trask wishes, and staff has discussed that her plans should be
ready within six months and work finished within a year after that.
Councilman Arnerich stated he believes a plethora of problems will
emerge and probably the next problem will be financing, and he does
not see how this [solution] will work.
Ms. Trask stated converting the two units to one will involve
putting a doorway back where it once was; and removal of a sink.
Councilmember Camicia clarified the motion is for [Public Works
Director and Ms. Trask to work out] an agreement [for four units]
within thirty days and staff report back to Council, off-agenda on
action taken.
Ms. Trask stated the Amnesty Program expires in one year, and
requested Council consider that matter for the benefit of other
persons who have similar problems.
The motion carried by the following voice vote: Ayes:
Counciamembers Camicia, Lucas, Roth and President Withrow - 4.
Noes: Councilman Arnerich - 1. Absent: None.
ORAL COMMUNICATIONS, NON-AGENDA
92-746 John Scott Graham, Alameda, requested support for Measure B,
School Bond issue for Peralta College District; stated plumbing is
leaking, electrical equipment is breaking down, Health Code
improvements are needed, and Laney College swimming pool is a
cesspool; he would like to see an Olympic-size diving pool
considered.
NEW BUSINESS AND UNFINISHED BUSINESS,
92-747 John Barni, Sr., Alameda, stated he believes the three-
minute limit for speakers should be done away with because no one
pays attention to it; City employees, e.g., firefighters, should
state in which City they reside, not where they work, when
addressing the City Council.
92-748 Consideration of Appointment to Solid Waste Management
Recycling Committee.
Mayor Withrow appointed Colleen M. Camicia as Member of the
Committee.
92-749 Council Discussion on the Proposal to ConGolidate
Overlapping Services with Neighboring Communities. (Vice Mayor
October 20, 1992
Lucas)
Vice Mayor Lucas stated she is in favor of Mayor Withrow's effort
to explore the consolidation of services with the cities of San
Leandro and Hayward.
Mayor Withrow stated he will brief the Council on the matter at the
first Council Meeting in November.
92-750 Councilman Arnerich stated there is concern about traffic
safety; requested the City Manager and Police Chief meet to discuss
issuance of citations for excessive speeding, violation of
pedestrian rights, etc.; specifically noted Otis Drive, Broadway,
Fernside Blvd., Gibbons Drive, and East Shore Drive.
92-751 Councilman Arnerich requested a report within 90 days of
costs for purchasing and maintaining City Pool cars.
92-752 Councilman Arnerich stated he would like the Golf
Commission to consider a new Golf Course Restaurant, Pro Shop, and
appurtenances to replace the outdated building; expenses can come
out of the Enterprise Fund; City must stay competitive with other
Courses in the area; other matter [for consideration] is double
decking of driving range; and requested a report within 90 days.
ADJOURNMENT
92-753 Mayor Withrow wished Angela Babjak a happy birthday;
adjourned the meeting in memory of Leo Freschi, long time active
Alamedan and Elector Littlejohn, former tenant member of the
Housing Authority, at 10:10 p.m.
Respectfully submit
4 -t41
•
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
October 20, 1992