1991-05-07 Regular CC Minutes111
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
MAY 7, 1991
The meeting convened at 7:54 p.m., (following the Community
Improvement Commission Annual Meeting) with President Withrow
presiding. Councilmember Lucas led the Pledge of Allegiance.
Reverend Dorothy Kimbrell gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth,
and President Withrow - 5.
Absent: None.
ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION(S)
Mayor Withrow announced that, on May 2, 1991, Council, at a Special
Meeting, adjourned to Closed Session to consider:
91-293 Personnel Matters pursuant to Government Code Section 54957 of
the Brown Act: no action was taken.
Mayor Withrow further announced that, prior to the regular meeting,
Council adjourned to Closed Session to consider:
91-294 Worker's Compensation Claim of Lee W. Leckler, Alameda Police
Department, pursuant to Subsection (a) of the legal counsel section
of the Brown Act: authorized settlement for the Leckler claim.
CONSENT CALENDAR
At the request of Councilman Arnerich, (91-327) ordinance authorizing
contract amendment with PERS, and (91-328) ordinance concerning
permit parking in public off-street parking lots, were removed from
the consent calendar to the regular agenda. At the request of the
City Manager, (*91-305) was removed from the agenda.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*91-295 From City Manager requesting payment for the Mayor's expenses
incurred in conjunction with March 18, 19, 1991, trip to Washington,
D.C. Accepted.
*91-296 From Public Works Director recommending acceptance of the
improvements and release of bond for Tracts 4024, 4025, and 4026, and
approving bonds and Subdivider's Agreement for landscaping
improvements within Tract 4024 and lagoon grading within Tract 4025.
Accepted.
*91-297 From Community Development Director regarding execution of
Fiscal Year 1990-91 Grant Agreement with Volunteers of America for
May 7, 1991
1
Midway Homeless Center Operations. Accepted.
*91-298 From City Clerk requesting authorization to advertise Notice
Calling for Bids for Legal Advertising for Fiscal Year 1991-92.
Accepted.
*91-299 From Finance Director to set hearing for establishment of
Proposition 4 Limit for 1990-91 and 1991-92. Accepted.
*91-300 From Recreation and Parks Director recommending acceptance of
work by Buestad Construction, Inc. for renovation of the Lincoln
Park Recreation Center Patio Area. Accepted.
RESOLUTIONS
*91-301 Resolution No. 12102 "Declaring May 19-25, 1991 National
Public Works Week." Adopted.
*91-302 Resolution No. 12103 "Resolution of Intention to Approve an
Amendment to Contract Between the Board of Administration of the
Public Employees' Retirement System and the City Council of the City
of Alameda." Adopted.
*91-303 Resolution No. 12104 "Commending Supervisor Don Perata for
his efforts related to saving the Alameda Naval Air Station."
Adopted.
*91-304 Resolution No. 12105 "Commending Mr. Jim Copeland for his
efforts related to saving the Alameda Naval Air Station." Adopted.
INTRODUCTION OF ORDINANCES
*91-305 Ordinance No. , N.S. "Authorizing Execution of
Amendment to Lease Between City, as Lessor, and Alameda Swimming Pool
Association, as Lessee, by Extending Termination Date Thereof from
June 1, 1991, to May 31, 1996." Not heard.
*91-306 Ordinance No. 2549, N.S. "Reenacting Section 17-217 of
Chapter 2, Article 1, Title XVII (Traffic Regulations) of the Alameda
Municipal Code Pertaining to Vehicles on Private Property."
(Emergency Ordinance) Introduced and adopted.
*91-307 Ordinance No. , N.S. "Amending Section 17-342 of
Chapter 3, Article 4, Title XVII (Traffic Regulations) Thereof by
Providing a Two-Hour Zone on the East Side of Grand North of Lincoln
Avenue." Introduced.
*91-308 Ordinance No. , N.S. "Amending Subsection 38 of Section
17-333, Chapter 3, Article 3, Title XVII (Traffic Regulations) to
Remove the "No Parking" Zone in the 1700 Block of Main Street."
Introduced.
FINAL PASSAGE OF ORDINANCES
*91-309 Ordinance No. 2550, N.S. "Amending Section 17-342.4 of
May 7, 1991
113
Chapter 3, Article 4, Title XVII of the Alameda Municipal Code and
repealing subsections (22) and (26) of Section 17-342 relating to
parking restrictions on Saturdays on the South Side of Central Avenue
between Regent and Broadway and on the east side of Regent Street
south of Central Avenue." Adopted.
*91-310 Ordinance No. 2551, N.S. "Relating to Standards and
Training for Corrections Program enabling training for new jail
staff." Adopted.
BILLS
*91-311 Bills, certified by the City Manager to be correct, were
ratified in the amount of $2,002,377.81.
MINUTES
Councilman Arnerich moved approval of the Minutes of the Regular
Council Meeting of April 16, 1991. Councilmember Camicia seconded
the motion which carried by unanimous voice vote - 5.
SPECIAL ORDERS OF THE DAY
91-312 Presentation of Service Certificates to former Housing
Commissioners Clayton Guyton, Rosalinda Pantig, and Charles A.
Tillman.
Mayor Withrow commended the three former Housing Commissioners and
presented framed certificates to Charles Tillman and Rosalinda
Pantig; who each addressed Council following the presentation.
[Clayton Guyton was not present.]
91-313 Proclamation designating May 15, 1991, as "Bike to Work Day."
Mayor Withrow read the proclamation and presented same to the Public
Works Director as the function was generated by the Transportation
Division of Public Works Department.
91-314 Proclamation designating May 12 through May 18, 1991, as
"National Historic Preservation Week."
Mayor Withrow read the proclamation and presented same to Robert
DeCelle, Chair, Historical Advisory Board, who expressed appreciation
and the desire that Alamedans recognize the City's important heritage
and work toward keeping it.
WRITTEN COMMUNICATIONS
91-315 From Charles Millman, Alameda, requesting Council to adopt a
resolution supporting City-wide fund raising for the children of
Nancymarie van Praag, former. Director of the Midway Shelter.
Mr. Millman, 2916 Bayview Drive, commented on the dedication of the
late Mrs. van Praag to helping others, and advocated assistance for
May 7, 1991
14
her children.
Rev. Dorothy Kimbrell, 400A Whitehall Road, stated she appreciated
Mr. Millman's concern and efforts; commended Mrs. van Praag's work
at Midway Center, and the exemplary behavior of her children; and
urged a positive response to the need.
The City Manager stated the Volunteers of America [VOA] has a fund to
which contributions may be made for the children; noted the
Bollinger Foundation seeks nominations of children whose parents have
lost their lives where either the mother or the father worked in the
field of housing, community or economic development; and staff would
like to submit the names of the van Praag children to the Foundation
for nomination for a grant.
Councilmember Camicia thanked Mr. Millman for his suggestion;
stated anything the City can do, is its responsibility; believes the
request and the existing [VOA] fund should be supported; suggested
Council write a letter to the One Hundred Club organization
requesting funds; and requested Council continually work toward
tougher laws against drunk drivers.
Councilman Arnerich suggested Mr. Millman and Recreation & Parks
Department work together on a softball tournament benefit for the
children.
Councilman Arnerich moved acceptance of the written communication.
Mayor Withrow commented government is precluded by law from giving
away taxpayers' money but Council can help motivate Alamedans to
raise funds in many ways to tap sources for the benefit of the
children, and have as an objective, reuniting the four children.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
Mr. Millman requested a City committee funnel the funds into one
place for administration.
The Community Development Director responded there is an Executor for
the estate and contributions are funneled to the Executor for the
exclusive benefit of the children.
In response to Councilman Arnerich's request, the City Manager stated
the name of the Executor would be provided.
Mr. Millman requested the accounting of funds be made public and
Mayor Withrow replied it would be.
91-316 From Gene F. Mahr, Alameda, protesting increase in garbage
collection rate charged by Oakland Scavenger Company.
At Councilmember Lucas's request, - Dave MacDonald, Executive
Vice-President of Oakland Scavenger (OS) answered questions for
Council regarding the subject.
May 7, 1991
15
Councilmember Lucas requested the rates, and Mr. MacDonald stated
the rates are: $10.65, single can; $10.65, additional can;
believes the mini can rate is $4.00 in Alameda [per Resolution No.
12062: $5.00] the basic apartment rate is $9.05 per unit for
once-a-week service; for twice-a-week service, it is $13.60, and
there is a progression thereafter; and this does not include a
recycling charge.
Councilmembers Lucas and Arnerich discussed the publicizing of rate
increases with Mr. MacDonald.
Councilmember Lucas stated perhaps Mr. MacDonald should do some
public relations work regarding the fact that some of the increase is
due to State charges which OS is required to collect, and explain
that to the ratepayers.
Mr, MacDonald stated an insert was placed in the bill, public
hearings were held, but he understands the concerns for further
notice.
Councilman Arnerich stated he would request the City Manager that in
the future, whether it is garbage, electricity or whatever effects
Alameda ratepayers of necessary utilities, several months in advance,
notice be given in billings that rates will be increasing, including
amount of increase; and that will be pursued, not only for Waste
Management but for all rates that affect utility users in Alameda;
and he hopes that OS will assist the City in doing that.
Mr. MacDonald stated the best the company can do is to say, "There
is an indicated rate increase of 'x'," because it would be
presumptuous on the company's part to assume that the rate increase
approved by the Rate Review Committee would be exactly the amount
Council would act upon; however, OS would be willing to work with
the staff and City to provide a Notice.
Councilman Arnerich suggested the Company could announce the amount
that is being proposed.
Mr. MacDonald agreed, and apologized for the billing mixup.
Martin Skewes-Cox, 2576 Green Street, San Francisco, commented he has
discovered that a change of containers and pickup schedules will
reduce his rates; and suggested Waste Management provide notice to
customers when rates increase explaining why an increase is made.
John Barni, Sr., 1380 East Shore Drive, stated that little has been
said regarding the senior citizen discount which is available, or
about the price, compared to last year, of extra bags which may be
purchased at fire stations.
Mayor Withrow discussed alternatives for informing the public, and
inquired what prerogatives the City has in establishing fees; and
the City Manager explained the Joint Powers Authority's role and the
Joint Refuse Rate Review Committee's recommendation to Council.
Mayor Withrow stated the return on equity as presented to Council
May 7, 1991
previously, is reasonable; but if Council was not satisfied with it,
what option does Council have, other than pulling out of the
Authority.
The City Manager replied Council may pull out of the Joint Powers
Authority, and negotiate directly with the franchisee.
In response to Councilmember Lucas's inquiry, Mr. MacDonald
explained the ten percent discount for senior citizens, and noted
eligibility for the discount is proven and forwarded from the City
[Mastick Senior Center].
Councilman Arnerich requested a simplified system be implemented for
senior citizens to qualify for discount.
Councilmember Camicia suggested a press release on status of
recycling.
Charles Tillman, 2415 Roosevelt Drive, stated perhaps displaying a
Medicare card would be sufficient proof of eligibility for senior
citizen discount.
Councilman Arnerich further discussed the details of the procedure
for proving eligibility for the senior citizen discount.
Mayor Withrow asked for any objections on the written communication;
and hearing none, declared acceptance [by consensus of Council].
91-317 From Martin V. Skewes-Cox, San Francisco, objecting to
garbage rate increases over the past year.
[See related paragraph 91-316 for discussion.]
Mayor Withrow asked for objections on the written communication; and
hearing none, declared acceptance [by consensus of Council].
Mayor Withrow entertained a motion to take appointment to Finance
Committee out of order.
Councilmember Camicia so moved. Councilmember Lucas seconded the
motion which carried by unanimous voice vote - 5.
91-318 Appointment of Jay de los Reyes to the Finance Committee.
Councilmember Lucas [who made the appointment] presented Mr, de los
Reyes with a Certificate of appointment to the Committee; and Mr. de
los Reyes expressed appreciation for support and the opportunity to
serve.
HEARINGS
91-319 Consideration of Zoning Amendment ZA-91-55 and related
environmental document, IS-91-55, to amend Chapter 5, Title XI
(Zoning) of the Alameda Municipal Code to exempt the collection of
May 7, 1991
117
refuse and garbage by authorized scavengers from the Noise Ordinance
between 5:30 a.m. and 10:00 p.m. Applicant: City of Alameda.
The Planning Director reviewed the background of the matter.
Councilmember Lucas inquired if Council decided it would prefer a
6:00 a.m. starting time, would it be possible to take that action or
must the matter go before the Planning Board.
The City Attorney replied the only question is whether or not it
would impact the Mitigated Negative Declaration in a significant
manner to invalidate the CEQA [California Environmental Quality Act]
compliance and she does not believe the change would be significant.
Mayor Withrow inquired if Council may accept, turn down, or modify
the ordinance, and the Planning Director replied Council may.
The public hearing was opened.
On the call for proponents and opponents, the following spoke:
David MacDonald, Vice-President, Oakland Scavenger (OS), Oakland,
reviewed the matter, noting early-start time is to relieve traffic
congestion; if a later time is required, union problems would ensue
in certain circumstances resulting in higher costs which would be
passed to customers, coordination of pool substitute employees would
become complicated, and danger of accidents is greater as traffic
builds up; OS would appreciate Council's approval of 5:30 a.m.
start-time, agrees with mitigation measures proposed in Mitigated
Negative Declaration, and pledges to continue to work with City
Manager's Office.
Councilmember Lucas stated she is concerned about any starting time
in residential areas before 6:00 a.m. and inquired if trucks could
start in commercial areas.
Mr. MacDonald replied they could, however some people are concerned
about commercial areas which abut residential areas; OS attempts to
work through problems, including schools where it is important to go
in early before children gather and safety problems occur; and he
believes mitigation measure offered is the best solution.
Dr. Leon Lang, 2051 Shoreline, stated he lives near Safeway,
dumpsters are emptied often, he has no problem with OS because he has
worked out his concerns with the company; requested ordinance
include that front-loading dumpsters not be used before 7:00 a.m. in
residential areas, otherwise, there will be no incentive for the
company to work with individuals.
Ron Hamlin, 2849 Lincoln Avenue, stated he lives where two routes
start before 6:00 a.m., so there is early awakening twice a week; he
would like to have a later start, or perhaps a route change, and
enforcement.
Mayor Withrow closed the public portion of the hearing.
May 7, 1991
i3
Councilmember Camicia stated while he has been on Council, he has
received only about a half-dozen complaints regarding noise generate&
by OS; in each case he has called and OS has been able to resolve
the complaints; understands people's concerns about starting before
6:00 a.m., but must be aware of greater concern of large trucks and
workers competing with commuter traffic; if OS was not responsive in
dealing with complaints, he would feel differently.
Councilman Arnerich noted OS must not only be out early but must take
the garbage to the dump and return to the barns before afternoon
commuter traffic begins; stated individual concerns can be worked
out; and he would like to see the present arrangement continued.
Mayor Withrow stated many complaints came in about a year ago, and
many persons tell him there is no longer a problem, but as with Dr.
Lang, there was concern that Council exercise caution in modification
and not give carte blanc authority to pick up anywhere in the City at
5:30 a.m.; he proposes a modification, that the proposed ordinance
recognize a 5:30 a.m. start time but invoke the authority of the
City Manager to change the time to any time up to 7:00 a.m., in any
segment of the City if, in his judgment, recognizing staff's review,
he believes there is a problem not being properly resolved between
the City and OS.
Mayor Withrow stated the modification would be accomplished by adding
"including changing the 5:30 a.m. [start time] to a later time for
all or any portion of the City," to the end of the last sentence in
the first paragraph of Sec. 11-5710 [which describes the
responsibility/authority of the City Manager].
Councilmember Roth stated if Council is not satisfied with the
ordinance, the ordinance can be changed back.
Mayor Withrow replied that would require going back through a review
process; but the modification would allow the City Manager to deal
with Oakland Scavenger management on a day-to-day basis.
Councilman Arnerich commented the City Manager and Assistant City
Manager are in the best position, in daily operation of the City, to
know where complaints are coming from, can work with OS to correct
them; and agreed complaints have subsided over the past year.
The City Manager commented the [ordinance] formalizes the current
process.
[See paragraph 91-320 for further discussion and motions.]
Councilmember Camicia moved the related ordinance be taken out of
order. Councilmember Lucas seconded the motion which was carried by
unanimous voice vote - 5.
91-320 Ordinance No. , N.S. "Amending Chapter 5, Title XI
(Zoning) of the Alameda Municipal Code, to exempt the collection of
refuse and garbage by authorized scavengers from the Noise Ordinance
between 5:30 a.m. and 10:00 p.m."
May 7, 1991 _
119
Councilmember Camicia moved introduction of the ordinance, and
incorporation of the language discussed [in the previous paragraph,
adding "including changing the 5:30 a.m. [start time] to a later
time for all or any portion of the City," to the end of the last
sentence in the first paragraph of Sec. 11-5710, which describes the
responsibility/authority of the City Manager.)
Councilmember Lucas seconded the motion.
Mayor Withrow noted there were speakers under the ordinance.
The City Attorney inquired if the Mayor would like to reopen the
public hearing.
The public hearing was reopened.
Marty Frates, 2915 Windsor Drive, stated he is opposed to
modification; believes there is built-in procedure to resolve
problems, the Mayor and Council can control and if not, a process
exists to make necessary adjustments.
Larry Dias, Teamsters Local 70, 70 Hegenberger Road, Oakland, stated
his concern is the fatigue and safety factor of the workers being out
late, expressed concern about the modification, and commented the
complaints only arose regarding recycling, the union has worked to
please the City, and every complaint has been addressed.
The public hearing was closed.
Councilmember Roth questioned the procedure regarding Council action
to be taken, and the City Attorney stated Council could accept the
staff recommendation, which covers acceptance of the Mitigated
Negative Declaration, approves the proposed Zoning Amendment, and
introduces the ordinance.
Mayor Withrow entertained a motion to accept [the staff
recommendation) "under" [concerning] the Hearing [Paragraph 91-319]
Councilmember Camicia so moved. Councilmember Roth seconded the
motion which carried by unanimous voice vote - 5.
Councilmember Camicia stated he moved introduction of the ordinance
with the modification. Councilman Arnerich seconded the motion which
was carried by unanimous voice vote - 5.
Councilmember Camicia requested Mr. Hamil's complaints be addressed.
Mayor Withrow requested the City Manager address Mr. Hamil's
concerns.
REPORTS AND RECOMMENDATIONS
91-321 From Vice Mayor Lucas transmitting Center for Urban Well-being
Report, dated October 15; 1990, and requesting Council to seek
additional suggestions from the Center concerning Alameda's Civic
Center Area.
May 7, 1991
Councilmember Lucas stated the Center for Urban Well-being appears to
have sensitivity for Alameda architecture, is not very expensive for
consultation, offering three hours of free time and five hours at 50%
rate, and since the report by Mrs. Suzanne Crowhurst Lennard,
Architect, Director, International Making Cities Livable Council
Council (IMCL), is a very good one, she would like to have the Center
involved at this point; understands there are elevations drawn for
the parking garage but design advice from professionals, which can be
accepted or rejected, would be beneficial and useful input; believes
previous plan for Park Street Revitalization of a mall on Alameda
Avenue should be considered; and perhaps the Central Market should
be included for suggestions.
The City Manager stated the City will be looking at specific area
plans, e.g., Webster Street, Civic Center area; perhaps initial
comments could be made by Mrs. Lennard, to groups involved in the
planning, and perhaps later, as a critic, she could, with her
sensitivity to the City architecture, take a look through the process
to be sure that what Council is looking for is being included in that
process.
Christopher Buckley, 1017 San Antonio Avenue, endorsed Councilmember
Lucas's proposal and City Manager's suggestions; suggested Council
request staff look into possible scheduling of Civic Center specific
plan, and ways in which specific plan preparation could be
coordinated with design development for library and parking garage;
and identify funding sources.
Mayor Withrow stated Councilmember Lucas's suggestions make sense;
things should be tied together, not done piecemeal; and questioned
where the City is at, as far as the exterior of the proposed library.
The City Manager responded the architect spent most of her time
looking at programmatic aspects of the new proposed library building;
the exterior could be treated in various ways; but before spending
money looking at the right way to do that, [State] grant and local
funding should be assured; and he further detailed the process to be
followed, e.g., design review.
In response to Mayor Withrow's question regarding commitment made to
Sacramento, when applying for the grant, the City Manager replied the
commitment is made regarding the program to be housed within the
library structure, not the structure itself.
Councilmember Lucas stated she sees the Library as a separate issue;
at this point, because the parking structure is proceeding, and there
is, for example, much enthusiasm for a mall, she would like to
proceed; and she is not proposing a detailed report.
Mayor Withrow inquired about cost.
The City Manager stated the fee is nominal; the previous report cost
approximately $200-$300; suggested if changes are significant, they
be part of the specific plan; the ideal is one plan that melds
together.
May 7, 1991
Councilmember Lucas stated she does not want to tell the business
districts what to do, but the Civic Center is Council's concern; she
can see responsibility for the Civic Center but not the redevelopment
areas because those will be governed separately.
Councilmember Roth stated he does not want to have anyone looking at
anything until Council knows what it is doing; he has not heard what
constitutes the Civic Center; he does not consider the Post Office
across Park Street to be in the Civic Center; perhaps it is time
there is a Civic Center Plan,
Mayor Withrow stated he believes that is what Councilmember Lucas is
referring to, by thematic design, defining parameters and what ties
together.
Councilmember Lucas stated the General Plan designates a Civic Center
area.
The City Manager stated a Civic Center is designated in general terms
in the General Plan, and is also part of the proposed redevelopment
area.
Councilmember Roth stated he believes it should all be addressed as
one.
Councilmember Lucas stated there is already a design for the parking
structure; the concern is, should that be designed independently.
In response to Councilmember Roth's request for parking structure
information, the City Manager replied the structure includes both
Longs' and adjacent property, with consideration of a three- or
possibly four- story structure which would hold between 300 and 400
vehicles; detailed finances; and noted the necessity to proceed
because the structure is needed for the School District, City Hall,
and merchants.
The Public Works Director noted schematic-type design has been done,
and some elevations, in conjunction with the EIR for the proposed
library on the Linoaks site, but the City does not have a consultant
signed up for detail, a detailed financing plan, or agreements with
the two property owners.
Councilmember Lucas stated the report brings out problems the City
has had in the past with architectural design, and she believes a
report will be beneficial; the cost need not be high; the amount of
time can be limited to perhaps eight hours, three free hours and five
hours at a 50% rate.
Councilman Arnerich requested the total amount, to which the City
Manager stated it would be under $1000.
Councilmember Lucas moved to direct the City Manager to procure the
services of the Center for Urban Well-being to provide Council with a
report on the proposed Civic Center area.
May 7, 1991
Robert Brewer, 2045 Buena Vista Avenue, stated the consultant's
remarks in the press regarding the schematic design of the library
were negative and condemning, and he would like someone who can work
with the City.
Mayor Withrow noted Mrs. Crowhurst Lennard was hired to be a critic,
and that was her function.
Councilmember Camicia seconded Councilmember Lucas's motion.
Gertrude Woods, Library Board, stated talking about exterior design
is premature; an analysis of the Civic Center is fine, but she finds
it difficult to say there is a thematic core of architecture within a
two-block area of City Hall; the Board has concentrated on the
Library program; the Board finds the proposed exterior of the
building unacceptable and will discuss that when money is available.
Councilmember Lucas's motion was carried by the following voice vote:
Ayes: Councilmembers Camicia, Lucas and President Withrow - 3.
Noes: Councilmembers Arnerich and Roth - 2. Absent: None.
President Withrow entertained a motion to take the Social Service
Human Relations Board report out of order. Councilmember Camicia so
moved. Councilmember Lucas seconded the motion which carried by
unanimous vote - 5.
91-322 From Chair, Social Service Human Relations Board [SSHRB],
transmitting the Homeless Task Force update on homelessness in
Alameda.
Phyllis Marshall, 2855 Jackson Street, SSHRB, Chair, Homeless Task
Force, stated homelessness is increasing in Alameda, obtaining
funding is becoming more difficult; however, agencies are working
together for enhanced programming, Red Cross has strong prevention
program, churches have developed inter-faith outreach council to
raise funds, realtors and other groups are raising funds, and
shelters are doing a good job; mental illness is a great problem and
needs attention; and noted Council's support and attendance at
events gives validity to what is being done and cheers workers, and
urged Council continue that encouragement.
President Withrow stated he understands Alameda County may cancel
funding for Alameda's Mental Health Clinic which will leave Alameda
with virtually no mental health outpatient assistance; inquired what
impact that would have on issues Mrs. Marshall is concerned about.
Mrs. Marshall responded that would impact homelessness; the SSHRB
is aware of the problem with the clinics and will continue to
advocate the clinics remain open; and noted that mental health for
children is also at great risk.
Councilmember Camicia thanked the Task Force, and moved the
recommendation [that Council accept the report transmitted from the
Homeless Task Force].
May 7, 1991
Councilmember Lucas seconded the motion which was carried by
unanimous vote.
91-323 From Chair, Historical Advisory Board [HAB], regarding Library
State Application Funding.
* From Assistant City Manager regarding status of the Library
Project.
Robert Brewer, 2045 Buena Vista Avenue, stated minor technical flaws
were in the Application; the project was not judged by its merits
but on technicalities; Council has acted wisely in pursuing its
course, and he would like that continued.
Theony Condos, 811 Central Avenue, President, Library Board, stated
the. Library Board agrees with recommendations of the Assistant City
Manager; the Board believes the City's Application for Proposition
85 funds is very competitive in its substance, and the wisest course
of action for the City at this time, is to resubmit a corrected
application.
Robert DeCelle, P.O. Box 1606, Chair, Historical Advisory Board,
stated the City must be above reproach in its submission of papers to
Sacramento; because the Board is only concerned with the historic
nature of the Application, HAB's Report has drawn attention to only
one place [Page 10] in the Application that is incorrect; any
further submissions made from Alameda must be perfect.
David Plummer, 1401 High Street, commented on the growth of the
estimated cost of the new library, that the Finance Committee stated
the cost could go over $20,000,000; and remarked it is time to
realize the Linoaks Library is a no-end open-ended project that
should be cancelled.
Councilmember Lucas stated she is satisfied there is no way the
Carnegie plans could qualify for the Application so she is giving up
on that for this round but she will not support the Application for
the Linoaks Library because she has a concern that the City does not
have the money and if the City had the money, her first priority
would be the seismic work at City Hall.
Councilman Arnerich inquired if there is any credence to the
possibility of the library cost approaching $20,000,000.
The City Manager stated he has not seen any Plan or any way the
existing plan would come near that in staff's best estimate; staff's
estimate is based on information from State criteria and the
architect, and the cost is estimated at the figures staff provided
which is $15,000,000.
Councilman Arnerich moved Council resubmit Application to Sacramento,
update specifics and reapply for $9,000,000 plus. Councilmember Roth
seconded the motion.
Councilmember Camicia stated it is too late to do anything else; and
May 7, 1991
he would like to see the focus shift to what will take place in the
library.
The motion carried by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia, Roth and President Withrow - 4.
Noes: Councilmember Lucas - 1. Absent: None.
91-324 From City Manager regarding placement of a plaque in City Hall
honoring St. Joseph's Basketball Team for winning the State
Basketball Championship.
Councilmember Camicia moved the recommendation [to display a plaque,
honoring the Team, in City Hall and then present it to the school].
Councilmember Lucas seconded the motion.
Councilmember Lucas stated the $700 cost of the plaque is too high
and should be reduced to cost of materials.
President Withrow concurred on the cost and stated the work should be
done by a resident of the City.
Councilman Arnerich noted when the Babe Ruth title was won 3 or 4
years ago, a local service company provided brass for a trophy and
the Samuel Gompers put the plaque together; and some such
arrangement might be made; stated placing the plaque at City Hall
for a year and then elsewhere, is a good idea, and agreed the cost
should be only cost of materials.
The motion was carried by unanimous vote -5.
91-325 From City Manager regarding Council Agenda Order of Business
and Time Limits for Public Discussion.
Councilmember Roth stated he wanted to simplify the way the agenda is
handled; he would like the ordinance changed so that Council can
change procedure by resolution without going through an ordinance
process; and he suggested the agenda should be as follows: 1) Roll
Call, 2) Minutes, 3) Special Orders of the Day, 4) Consent Calendar
(including handling of items pulled from the Consent Calendar), 5)
other agenda categories, e.g., appeals, reports, resolutions, 6)
Written Communications, 7) New and Unfinished Business (combined), 8)
Oral Communications, and 9) Adjournment; he believes the sequence to
be more logical and easy to follow; and he would also like to change
citizen input to five (5) minutes.
Councilmember Roth stated if something could be worked out with a
minimum of 4 or 5 minutes and the Mayor allowed judgment for a longer
amount of time, he would agree to that.
Councilmember Roth stated the revised sequence is a motion.
Councilman Arnerich stated he liked the idea of handling items pulled
from the Consent Calendar at the same time, rather than delaying the
the items until later in the evening.
Councilman Arnerich inquired if the new sequence would provide a
May 7, 1991
problem administratively.
The City Manager replied he did not believe so; and inquired if No.
5 of the sequence [Appeals, Reports, Resolutions] meant that staff
should group items, and if, for example, an ordinance was related to
a hearing, the ordinance would follow the hearing.
Councilmember Roth agreed and added if there is an item where a lot
of speakers are expected, the matter can be placed early on the
agenda if desirable; maximum flexibility is needed.
Councilman Arnerich suggested sending the matter to staff to review
and report back, to be sure Council is not overlooking something that
should be considered.
President Withrow stated it makes sense to him.
The City Manager stated staff would try to capture what Councilmember
Roth has in mind, by amending the Alameda Municipal Code and then
allowing it to be amended in the future by resolution; and that
will be brought back to Council.
Councilmember Camicia commented on the structure calling speakers
during a hearing or other item; he believes President Withrow
started a good approach and hopes it continues; the structure on the
Planning Board was that staff would review the issue, the Board would
ask questions, and then the public hearing was opened; often,
questions the public may have are answered and speakers may not take
much time.
Councilmember Lucas stated she supports Councilmember Roth's
suggestion to return to the five minute limit for speakers as three
minutes is sometimes too short to present researched items.
Councilman Arnerich stated fifteen speakers addressed Council during
the evening and none, except a person requested by Council to stay
and answer questions, went beyond three minutes; he then read a
schedule of speaker times which revealed the great majority stayed
within two to three minutes, and some were allowed extra time by
Council due to subject matter; noted regional and County agencies
which permit only two minutes; he believes more persons will have an
opportunity for input [under the three-minutes limit].
Councilmember Camicia stated it would make sense to find out whether
three minutes has provided more opportunity for people to speak; he
believes it has and perhaps that should be explored.
Councilmember Roth stated he does not believe that allows more people
to speak, but makes some people conscious of the red light, putting
pressure on them when they are trying to convey their thoughts.
Councilman Arnerich stated some persons are allowed to speak 12 and
14 minutes; he believes after the fifteenth or twentieth speaker on
the same subject, much of what is said is redundant, and shortening
the time allows the subject to move along for a more efficient
meeting; perhaps as Councilmember Camicia suggested, a survey could
May 7, 1991
be made; also, the Mayor may lengthen a speaker's time if the
subject warrants; and he will support the three-minute [limit].
Councilmember Roth stated the Ordinance states Councilmembers are
also limited to three minutes.
Councilman Arnerich asked confirmation from City Attorney that the
ordinance includes allowing the Mayor to extend speaker time limit.
The City Attorney stated Section 2-117 includes allowance for
extension of time.
Councilmember Camicia stated Alameda has great access to government
compared to many cities, in Sacramento, there is no general access
for persons wishing to speak, unless invited; and further compared
problems of speaking in Oakland, and before the Board of Supervisors
in San Francisco.
Darlene Banda, 919 Delmar, agreed with Councilmember Roth's
statements, stated perhaps the meetings can be streamlined in ways
other than reducing speaker time, and citizens should be able to
speak on agenda items under Oral Communications.
Councilmember Camicia stated he would like to find out if the three
minute rule has worked, if it has allowed for more speakers and
shorter meetings or not, and if it has been successful he will
continue to support it and otherwise he will support Councilmember
Roth's suggestion.
Councilmember Lucas inquired how the comparison can be made.
Councilmember Camicia stated a half dozen meetings before and after
institution of the three minute rule could be compared.
Councilmember Roth stated he anticipates other changes will
accelerate matters.
President Withrow stated he feels comfortable with the way the
current Ordinance is written, given the fact that the Chair has the
prerogative of making the determination when a speaker is redundant,
off track or not contributing to the meeting; he was been watching
the timing light, some persons spoke over three minutes, but were
speaking to the point; he would like to go with Councilmember
Camicia's recommendation that the three-minute limit be tried for a
while and if Council finds it necessary to curb people too many
times, then at that time reassess; and he would like to run the
matter using the three minutes as a guide, goal, or objective, but
not cut off at three minutes.
Councilmember Roth suggested the Ordinance be amended to allow change
by resolution.
President Withrow stated he liked that idea.
Councilmember Roth stated perhaps committee reports should be allowed
ten minutes.
May 7, 1991
Councilman Arnerich stated additional time is allowed for such
circumstances through the Chair.
President Withrow stated he would like to ensure that spokespersons
for major boards/commissions/committees are allowed a period of time
whether 15 or 20 minutes; also, consultants coming in on critical
issues should be accommodated upon notification to the City Manager
in advance.
Councilman Arnerich agreed, noting that was done when the seismic
expert spoke before Council.
Councilmember Roth moved to amend the Ordinance so that changes [in
the order of business] may be made by resolution; and Council will
"look at the situation and see if we want to go from 3 to 4 to 5"
minutes. Councilmember Lucas seconded the motion which was carried
by the following voice vote: Ayes: Councilmembers Camicia, Lucas,
Roth and President Withrow - 4. Noes: Councilman Arnerich - 1.
Absent: None.
91-326 From Finance Director transmitting Quarterly Financial Report
for period ending March 31, 1991.
Charles Tillman, 2415 Roosevelt Drive, commented the date of the
cover letter to the Report is April 23, 1991, for the first quarter
but the figures do not include the interest which is figured on the
21st of the month; requested the contents of the report reflect the
date of the cover letter.
Councilmember Camicia commented that generally the financial
reporting is very good; and the last newsletter is very good.
Councilmember Roth stated the report is easy to follow.
Councilman Arnerich stated he believes Mr. Tillman is looking for a
report more to the timeframe addressed, and a more complete picture
if possible; it should be up to date as much as possible.
Councilmember Camicia moved acceptance. Councilman Arnerich seconded
the motion which was carried by unanimous voice vote.
91-327 Ordinance No. . N.S. "Authorizing
Contract Between the City Council of the City
Board of Administration of the California
Retirement System." Introduced.
Councilman Arnerich stated he must abstain as he
system.
Councilmember Camicia moved
seconded the motion which was
Ayes: Councilmembers Camicia,
4. Noes: None. Absent: None.
91-328- Ordinance No.
an Amendment to the
of Alameda and the
Public Employees'
is in the retirement
introduction. Councilmember Roth
carried by the following voice vote:
Lucas, Roth, and President Withrow -
Abstention: Councilman Arnerich -1.
N.S.
"Amending
Section 17-3726 of
May 7, 1991
Chapter 3, Article 7, Title XVII (Traffic Regulations) of the Alameda
Municipal Code Pertaining to Permit Parking in Public Off-Street
Parking Lots." Introduced.
Councilman Arnerich requested clarification regarding Lots A and C,
that Public Works Department would be working with the merchants in
establishing permit parking policy and rates.
The Public Works Director stated the City would be working with PSBA.
Councilmember Camicia moved introduction. Councilmember Roth
seconded the motion which was carried by unanimous vote - 5.
RESOLUTIONS
91-329 Resolution No. 12106 "Reprogramming Prior Year's Funds,
adopting Fiscal Year 1991-92 Statement of Community Development
Objectives and Projected Use of CDBG Funds and authorizing execution
of Certifications, Grant Agreement and related documents." (Continued
from April 16, 1991, Council Meeting) Adopted.
Bonny Lee Moore, 627 Lincoln Avenue, #22, reviewed the work of
Operation Sentinel; noted an organized body is needed to weed out
claims of discrimination that are not legitimate, and there needs to
be someone to represent claims that are legitimate, and Sentinel does
these things.
Councilmember Lucas moved adoption. Councilmember Camicia seconded
the motion which was carried by unanimous vote - 5.
Councilmember Roth moved the meeting continue past 11:00 p.m., and
Councilman Arnerich seconded the motion which which was carried by
unanimous vote - 5.
NEW BUSINESS
91-330 Councilmember Camicia noted citizens have inquired why the
State, cities, and the Port have financial problems, and he would
like a report regarding what the financial situation is, what the
issues are, and why local governments and the State government are in
financial trouble, so that citizens may be provided answers.
91-331 Councilmember Lucas suggested that items which require
exterior design review but are valued under $5000, be taken out of
the design review process, and would like to send matter to Planning
Board.
91-332 Councilman Arnerich announced the new Bonfare Market on
Webster Street will be opened on May 8.
91-333 Councilman Arnerich requested staff review the [former service
station] property at Webster and Pacific and require fencing or
clearance of the property which has been left in poor condition.
May 7, 1991
91-334 Councilman Arnerich requested staff have the weeds cleared
from the [former Signal Oil] property on Versailles Avenue.
91-335 Councilmember Roth requested staff provide status report
regarding the Webster and Taylor property.
The City Manager stated a report will be on Council Meeting Agenda on
May 21 or June 4.
91-336 Councilmember Roth noted over 150 volunteers from the Navy,
youth organizations and business persons on Sunday, April 28th,
worked to clean Webster Street by e.g., pulling weeds, sweeping
sidewalks, and the incident is an example of how volunteers can help
an area and build pride in the community.
91-337 Mayor Withrow noted the Health Clinic in Alameda may be
closed, and if that is done, the City should appeal for a transfer
from the County, the City's share of funds, on a per capita basis, to
provide City health care.
91-338 Mayor Withrow stated he has been advised the Veterans
Administration Hospital in Martinez will soon be cut; some Alamedans
work there, and the greater problem are those receiving care at the
hospital who will need to be placed on a health care system in
Alameda and Contra Costa Counties, and it would be advantageous if
interested citizens and Councilmembers would write to Congressmen
Stark and Dellums.
ORAL COMMUNICATIONS, NON-AGENDA ITEMS
91-339 Shirley Cummins, 549 Santa Clara Avenue, discussed
commendation of persons involved in saving the Naval Air Station from
closure, and the possibility of starting Council Meetings earlier to
benefit staff.
91-340 Don Roberts, 880 Portola Avenue, commended the Mayor on his
approach to hearing individuals during Council Meeting; requested
Council officially recognize Chuck Corica by designating him as City
of Alameda Mayor Emeritus.
ADJOURNMENT
91-341 At the request of Councilman Arnerich, President Withrow
adjourned the meeting at 11:25 p.m. in memory of John Towata, local
businessman who received a bronze medallion from the City of Alameda
for years of service.
Respectfully submitted,
4.1
\--7"
6-"fze'
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
May 7, 1991