1992-12-01 Regular CC MeetingMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
DECEMBER 1, 1992
The meeting convened at 7:30 p.m. (following the Community
Improvement Commission Meeting) with President Withrow presiding.
Councilman Arnerich led the Pledge of Allegiance. Reverend Mary
Rowe gave the invocation.
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 at 6:30 p.m.,
adjourned to Closed Session to consider:
92-818 Labor Relations, pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act: Mayor Withrow stated Council
gave further instructions to City negotiators to meet and confer on
impacts of an eight-day ACEA [Alameda City Employees Association]
bargaining unit layoff to be imposed during holiday season or on
dates deemed appropriate by the City Manager.
In Closed Session at 7:05 p.m., Council considered:
92-819 Pending Litigation, Cook v. City of Alameda, pursuant to
Subsection (a) of Government Code Section 54956.9 of the Brown Act:
Mayor Withrow announced no action was taken.
CONSENT CALENDAR
Councilmember Camicia moved approval 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.
*92-820 Minutes of the Special Council Meetings held on November
13, and November 17, 1992. Approved.
*92-821 Report from Public Works Director recommending award of
contract for Alameda/Oakland Ferry Vessel Acquisition Project, No.
P.W. 12-91-14. Accepted.
*92-822 Report from the Community Development Director
recommending an Allocation of Commercial Revitalization Funds for
Business Attraction and Amending the Alameda Chamber of Commerce
Agreement. Accepted.
*92-823 Resolution No. 12348 "Approving the Application for
Land and Water Conservation Funds: Bayview Shoreline Enhancement
Project." Adopted.
December 1, 1992
*92-824 Resolution No. 12349 "Resolution Guaranteeing
Matching Funds for Bike Lane Account Projects." Adopted.
*92-825 Resolution No. 12350 "Resolution Declaring Canvass of
Returns and Results of General Municipal Election Held on Tuesday,
November 3, 1992." Adopted.
Whole number of ballots cast: 31,183
Total number of votes cast for Charter Amendments:
Measure D:
Shall the Alameda City Charter be amended to
repeal provisions of the Charter which prevent
additional financial burdens from being
imposed on taxpayers as a result of binding
arbitration without a vote of the people and
to enlarge the scope of such binding
arbitration for fire employees to include, in
addition to financial benefits, all matters
related to wages, hours and work conditions as
more fully set forth in Alameda City Council
Resolution No. 12299?
Yes: 12,169 No: 14.318 Not Passed.
Measure E:
Shall the City Charter of the City of Alameda
be amended to prohibit tax increases without
voter approval due to binding arbitration
related to fire fighters regular monthly
salary range and to prevent fire fighter
strikes by adopting such binding arbitration
provisions? The amendment will be
accomplished by repealing existing Article
XXVII, adopting new Article XXVII and by
amending Charter Section 17-17 as more fully
set forth in Alameda City Council Resolution
No. 12302.
Yes: 12.529 No: 13,933 Not Passed.
Total number of votes cast for Advisory Measure:
Measure F:
Shall the City Council authorize negotiations
with the City's Firefighters' Union in order
to implement an alternative work schedule to
change the existing work schedule of
approximately ten shifts per month to twenty
shifts of shorter duration per month?
Yes: 14,566 No: 9,791 Passed.
December 1, 1992
;';
Total number of votes for each candidate:
For Office of City Council:
Anthony J. "Lil" Arnerich 13,226
Ralph J. Appezzato 12,860
Gary Thomas 8,316
Catherine Louise Wright 5,765
Bonnie B. Conner 5,001
Mark Cumming 1,578
For Office of City Council, Write-In Candidate:
Charles A. Millman 110
For Office of City Auditor:
Kevin R. Kearney 18,630
For Office of City Treasurer:
Lewis E. Hurwitz 17,892
For Office of Member, Board of Education:
Gail Ann Greely 13,274
Barbara Rasmussen 13,201
Bill Garvine 12,125
Val Jue 10,040
A. Keith Hiner 6,337
Don Taylor 5,126
Lawrence E. VanHook 3,809
Votes by precinct are attached hereto and made a part
hereof by reference.
*92-826 Written Communication from Chair, Alameda Homeless
Network, requesting the period for receiving funds for the Third
Annual Mayor's Thanksgiving be extended to December 31, 1992.
(Mayor Withrow) Approved.
*92-827 Bills, certified by the City Manager as correct, were
ratified in the amount of $1,615,216.81.
REGULAR AGENDA
92-828 Resolution No. 12351 "Appointing Gary Thomas as
Member of the City Planning Board." Adopted.
Councilmember Camicia moved adoption. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
The City Clerk administered the Oath of Office to Mr. Thomas.
92-829 Public Hearing and Ordinance No. . N.S. "Amending
Alameda Municipal Code Section 3-59.4, Providing for the
Application of the Existing Utility Users Tax to Interstate and
International Telecommunication Services." Introduced.
There were no public speakers.
Councilmember Roth stated that he would like to see all the Utility
December 1, 1992
Taxes brought back to the 5% level, however, supports the Ordinance
before Council and moved introduction. Councilmember Camicia
seconded the motion.
Under discussion, Councilman Arnerich stated once the City is out
of the doldrums of the State economic conditions and the City is in
a better financial position, Council should revisit Utility Taxes
and determine whether they can be rescinded.
Following comments and concerns voiced by Vice Mayor Lucas, Mayor
Withrow stated the tax increase [on telecommunication services] was
proposed by Councilmember Roth to provide funds to keep the
libraries open, not to provide pay raises.
The City Manager responded Council was informed that staff
anticipated no pay raises, and requirements for new revenue were
based upon existing level of service.
The motion carried by unanimous voice vote - 5.
92-830 Public Hearing to Consider Objections to an Unpaid
Matured Warrant Assessment and Operation and Maintenance Assessment
Values for Land in the Bay Farm Island Reclamation District No.
2105.
President Withrow, the City Manager and City Attorney stepped down
from the dais due to conflict of interest as they reside in the
area under consideration.
Vice Mayor Lucas assumed the Chair. The Assistant City Manager and
Assistant City Attorney took their seats on the dais.
Vice Mayor Lucas stated the purpose of the hearing is to hear
evidence in support of written objections; and requested
confirmation that announcement of the hearing had been published
once a week for two successive weeks.
The City Clerk confirmed notices were published November 21st and
November 28th.
James R. Stillman, Chair, Valuation Commission, presented the
valuation report.
Vice Mayor Lucas offered opportunity for questions to Raymond P.
Kranelly, President of the District, or John B. Dickson, attorney
for the District. There were none.
In response to inquiry by Vice Mayor Lucas, the City Clerk stated
no written objections were filed.
Vice Mayor Lucas noted there were no speakers, and closed the
public portion of the hearing.
Vice Mayor Lucas stated that the Council authority is limited to
December 1, 1992
approving, modifying or amending the assessment valuations and
cannot arbitrarily modify; and the principles for establishing,
amending or modifying values are set forth in the Valuation
Commissioners' Report.
Councilmember Roth moved approval of the values as submitted.
Councilmember Camicia seconded the motion.
Under discussion, Councilman Arnerich stated the Assistant City
Manager saved the City a considerable amount of money and he is
very pleased with the Report.
The motion carried by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia, Roth and Vice-Mayor Lucas - 4.
Noes: None. Absent: None. Abstentions: President Withrow - 1.
* * *
President Withrow assumed the Chair; the City Manager and City
Attorney returned to their positions on the dais.
92-831a Public Hearing to consider a proposed Negative
Declaration, a General Plan Amendment to change 1712, 1714 and 1716
Lincoln Avenue from Medium Density Residential to Neighborhood
Business, and a Rezoning of the 3 parcels from R-5 (General
Residential) District to C-1 (Neighborhood Business) District. City
of Alameda.
92-831b Resolution No. 12352 "Adopting Negative Declaration,
IS-92-8, for a General Plan Amendment and Rezoning, GPA/R-92-3, for
the Parcels located at 1712, 1714, and 1716 Lincoln Avenue."
Adopted.
92-831c Resolution No. 12353 "Approving a General Plan
Amendment, GPA-92-3, for the Parcels Located at 1712, 1714, and
1716 Lincoln Avenue." Adopted.
92-831d Ordinance No. , N.S. "Reclassifying and Rezoning
Certain Properties Within the City of Alameda by Amending Zoning
Ordinance No. 1277 for those properties located at 1712, 1714 and
1716 Lincoln Avenue." Introduced.
The Planning Director gave the background of the matter.
Richard Wood, 1719 Lincoln Avenue, stated his property is a
historical landmark and has a storefront; he has been out of town
and would like the property included and rezoned.
Following Council and staff discussion, the Planning Director
stated she would look at the property and if the City can support
rezoning, it will be added to the Department's work program. If
Mr. Wood should initiate the rezoning, there will be a fee of
approximately $2,500. to cover costs.
Councilmember Camicia moved adoption of the resolutions,
introduction of the ordinance, and directed the Planning Director
December 1, 1992
to include Mr. Wood's property into the Department's Work Program.
Councilmember Roth seconded the motion which carried by unanimous
voice vote - 5.
92-832a Appeal of a Planning Board approval of Soskin Design
Review, DR-92-146, for remodeling and addition at 1526 Fountain
Street. Appellant: Sylvia Blumberg. Denied.
92-832b Resolution No. 12354 "Denying the Blumberg Appeal and
Sustaining the Planning Board Approval of the Design Review, DR-92-
146, at 1526 Fountain Street." Adopted.
The Planning Director gave the background of the matter.
Norma Franchi, Castro Valley, stated she owns property next to the
Soskin house; the project [addition to Soskin house] is large for
the size of the lot; the only view from the kitchen will be the
Soskin house.
Sylvia Blumberg, Alameda, Appellant, stated she is present to urge
Council and Mayor to take a better look at the extension; presented
copies of pictures of the property; stated the extension will have
adverse affects on her property.
George Soskin, Alameda, stated he wanted to add to his house, has
maintained the architectural style; worked with the City
Departments; Planning Board approved project; and requested Council
approval.
In response to Councilmember Roth, Mr. Soskin stated he would be
improving the chimney, and updating the electrical system.
Council discussed maintenance of houses built on or close to
property line.
Councilmember Roth stated the Soskin house style fits into the
neighborhood; the addition does not detract from Ms. Blumberg's
privacy.
In response to Councilmember Camicia, the Planning Director stated
the major discussions on the Planning Board focused on how
construction could occur, and maintenance issues.
Responding to President Withrow, the Planning Director discussed
Planning Board deliberation and need for a balancing of property
rights of Mrs. Blumberg and Mr. Soskin; the determination of the
majority of the Planning Board was that the nature of changes did
not constitute a substantial impact.
The Planning Director at Vice Mayor Lucas's request, confirmed that
the setback is a non-complying setback, not a variance; and is
routinely granted administratively.
Following Council discussion on various concerns of the Appellant,
December 1, 1992
Councilman Arnerich stated the Planning Board did everything they
could and he will vote to uphold the Board's decision and deny the
Appeal. Councilmember Roth seconded the motion.
President Withrow stated he does not see a substantive factor in
terms of shade or encroachment on light.
The motion carried by the following voice vote: Ayes:
Councilmembers Arnerich, Roth and President Withrow - 3. Noes:
Councilmembers Camicia and Lucas - 2. Absent: None.
92-833 Report from President, Alameda Free Library Board,
regarding Carnegie rehab and annex.
Archie Waterbury, President, Library Board, stated the Board wants
and must build a library that meets national standards if State and
Federal funds are to be used; a rehabilitated Carnegie would not be
feasible on existing property, but would be with multi-story annex
if adjacent lands were acquired; cost to investigate further would
be about $75,000.
Reverend Wilfred Hodgkin, stated, before further decisions on a
Library, development of a civic center complex should be
implemented; the Library should fit into the concept; when City
Hall and Library were built, the intent was for Santa Clara to be
the access to the Civic Center; he favors purchasing properties
between current library and Fowler Anderson's Mortuary, which
could accommodate landscaping.
David Plummer, Alameda, Committee to Retain the Carnegie Building,
stated his purpose is to demonstrate the purchase of new parcels to
provide a library with federal specifications at the Carnegie
library with no need of a $75,000 feasibility study for the site;
described the background of the matter; former studies completed;
and other reasons supporting his premise.
In response to Councilmember Roth's concerns regarding parking, Mr.
Plummer stated the parking for a library at the Carnegie site would
be provided by the Longs Drugs' proposed parking project, as was
extensively planned for the [proposed library on the] Linoaks site.
Vice Mayor Lucas thanked the Library Committee for their efforts in
producing the report and agreed federal standards must be met;
stated she likes Reverend Hodgkin's vision of the Library in Civic
Center area; thanked Mr. Plummer for his efforts to inform what is
possible and promote understanding that the Carnegie Building is a
valuable resource; and moved acceptance of the report.
Councilman Arnerich stated at this point, Council will not be
spending more for studies until it is known what will occur at the
Linoaks Motel site, and seconded the motion which carried by
unanimous voice vote - 5.
92-834 Resolution No. "Supporting Alameda County Board
December 1, 1992
of Supervisors' Ordinance Regarding the Sale of Firearms." (Mayor
Withrow) Not adopted.
Dale Choy, Alameda, stated people buying guns in the stores are
average citizens who do not wish to go through the proposed
process.
Glenn Bulman, Alameda, requested his speaking time be given to Dr.
Suter.
Ed Suter, M.D., Castro Valley, stated the proposal is not
supportable; firearms transactions in the State already require
identification; people who commit crimes with firearms do not buy
them over the counter but in the black market, or steal them; he
cited Sections from Government and Penal Codes; stated this is an
ineffectual proposal, will only affect good citizens, does nothing
to reduce crime, and is illegal; laws on the books are not
prosecuted effectually; and City, County and State resources should
be used to enforce existing law that impacts criminals; requested
Council not encourage County in this insupportable attempt.
In response to Council's questions, Dr. Suter described regulations
and procedures concerning firearms purchases.
Jamie Fraser Paige, Alameda, stated he was a Police Officer in San
Francisco; the proposed legislation is not needed, and will do no
good in stopping illegal possession of firearms by criminals; if
money is to be spent, it should be on incarcerating people after
conviction, using current laws more effectively, and not plea
bargaining gun charges away.
Robin Figone, Alameda, stated time and money used for gun control
issue should be used to do something about crime.
Kent Figone, Alameda, stated he is a licensed [firearms] dealer,
the laws he follows are stringent; has no objection to
fingerprinting, if it were not already being done; no licensed
dealer would endanger his livelihood, or life; problems with
firearms are with ones that are smuggled in or stolen; and
requested funds be put into law enforcement.
Diane Fisher; Pacifica, stated she is a former police dispatcher,
fourteen- and fifteen-year-olds who buy guns in back alleys are
persons people are worried about; something should be done about
that problem; and does not support resolution.
Robert Peterson, Alameda, Member Veterans of Foreign Wars, National
Rifle Association, stated Constitution should be upheld and
corruption should be cleaned up; opposed the resolution.
Hester Peterson, Alameda, agreed with former speakers, and stated
trying to take guns from the people resembles nazism.
President Withrow stated some good points have been made. This
December 1, 1992
Council does not have any intent to disarm the public; the
strongest point to him is the point of adding more laws while not
enforcing the current laws; he would like to know to what degree
plea bargaining away sentencing requirements occur in Alameda; and
he is concerned a false sense of security that problems will go
away may be given if this proposal is passed.
In response to Councilmember Roth, the Chief of Police stated a
lot of gun control laws are on the books not used as effectively as
they might be; he is uncertain of the value of this legislation;
recommended it because of frustration of County officials; many
crimes are committed, most violent crimes utilize guns, and the
legislation might help.
Councilmember Camicia commented Oakland is approaching 200 murders
and the proposal provides for fingerprinting and pictures.
Councilman Arnerich stated ample laws exist in California, if
enforced appropriately, and queried if Alameda County Mayors
endorsed the issue.
President Withrow stated the issue is not uniformly accepted; most
mayors in the County supported the matter in concept.
Councilman Arnerich commented on recent television reports on guns
carried to school by children; those children will not register
guns; law abiding citizens will register guns; this is one more
level of bureaucracy that is not necessary, and he will not support
the resolution.
Vice Mayor Lucas stated everyone is concerned about crime; the
Police Chief is the professional; if he believes this resolution
provides assistance in fighting crime; she is willing to give him
that assistance.
Councilmember Camicia moved the resolution. Vice Mayor Lucas
seconded the motion.
President Withrow stated he brought this matter to Council, but
believes Council could make a stronger impact by stating Alameda
would like the County to do something in the law enforcement area
first.
Councilmember Camicia stated because of that concern, the
resolution could be amended to add, "Whereas, the City of Alameda
encourages the County to strongly enforce all existing local, State
and Federal laws relating to crimes involving guns."
Councilman Arnerich commented only the unincorporated areas of the
County of Alameda would be affected by the resolution.
President Withrow stated he cannot support the resolution until he
has more information coming back from the County that they have
done a good job defining the problem.
December 1, 1992
The motion failed by the following voice vote: Ayes:
Councilmembers Camicia and Lucas - 2. Noes: Councilmembers
Arnerich, Roth and President Withrow - 3. Absent: None.
92-835 Written Communication from Inlandboatmen's Union of the
Pacific, San Francisco region, concerning the Harbor Bay Maritime
Ferry Operation. (Continued from November 17th Council Meeting)
President Withrow announced this item will be held over by request
of the writer of the communication.
92-836 Ordinance No. 2620, N.S. "Authorizing Execution of a
Lease Extension for the Linoaks Motel." Adopted.
Vice Mayor Lucas moved final passage. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
NEW BUSINESS AND UNFINISHED BUSINESS,
92-837 Councilmember Camicia received a complaint from a
business owner at the corner of Westline and Otis Drive concerning
street construction taking place in the neighborhood; requested
staff to explain to them exactly what the procedure is and the
schedule for completing the work.
The Public Works Director stated the job is running smoothly and
should be completed shortly.
92-838 Councilman Arnerich requested a report within 60 days on
the net worth of the City's surplus properties, and the Board of
Realtors, as a community service, appraise the lots.
92-839 Councilman Arnerich requested the Mayor to adjourn the
meeting in memory of Terry LaCroix, Sr.
92-840 Vice Mayor Lucas stated she has received complaints about
the signs at Neptune Plaza, and wonders whether they are in
compliance with the Sign Ordinance.
ADJOURNMENT
92-841 President Withrow adjourned the meeting at 10:32 p.m. in
memory of Terry La Croix, Sr.
Res ectfully submitt d,
a/al 6-0-
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
December 1, 1992
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PRECINCT N0. 300100 301 65.41
PRECINCT M0. 300110 6Z5 64.34
PRECINCT 110. 300120 5961 425 70.
PRECINCT No. 3ooi3o boll 548 67.001
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PRECINCT N0. 300216 721 45 62.
PRECINCT 110. 360300 76 5211 61.0
'RECIMCT M0. 300400 1 71i 404 674
PRECINCT M0. 300700 1 67 4 70.3
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PRECINCT N0. 301100 1 67 50 74.1
!PRECINCT N0. 301}06 1 7 6 54 71.11
PRECINCT N0. 361408 1 T2il 46 64.24
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_PRECINCT NO. 362000 1241 514 7`6.44
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RECINCT NO. 305400
RECINCT No. 305410
RECINCT NO. 305500
RECINCT NO. 305600
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'RECINCT WO. 310000
PRECINCT WO. 310100
PRECINCT NO. 310110
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'PRECINCT MO. 310466
PRECINCT NO. 310500
PRECINCT MO. 310606
PRECINCT NO. 316410
?RECINCT MO. 310700
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PRECINCT M0. 310900
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?RECINCT MO. 311760
PRECINCT MO. 311600
PRECINCT 110. 323608
?RECINCT MO. 323106
?RECINCT WO. 323200
RECINCT MO. 325000
PRECINCT MO. 325160
PRECINCT NO. 329110
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may OF ALA EDA OFFICIAL STATEMENT
1 M W N I 11 P M O MA WA M R N I M C M c M i M F
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AISENTEE GROUP 076 1
i13ENTEE ditto, 676
AISENTEE GROUP 079
ABSENTEE GROUP 666
AISENTEE GROUP 061
USENTEE GROW 662
AISENTEE GROUP 083
AISENTEE GROUP 064
IISEMTEE GROUP 085
ABSENTEE GROUP 086
AISENTEE GROUP 087
ABSENTEE GROUP 088
AISENTEE GROUP 089
A11ENTt1 GROUP
USENTEE GROUP 091
AISENTEE GROUP 092
AISENTEE GROUP 093
AISENTEE GROUP OS
ABSENTEE GROUP 097
AISENTEE GROUP 696
ABSENTEE GROUP 099
ABSENTEE GROUP 160
AISENTEE GROUP 102
AISENTEE GROUP 103
AISENTEE GROUP 104
AISENTEE GROUP 10S
AISENTEE GROUP 106
ABSENTEE GROUP 167
ISEMTEE GROUP 108
ABSENTEE GROUP 109
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COUNTY OP A _AMELIA
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OFFICIAL STATEMENT
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