1995-07-03 Special CC Minutes9 1
MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL
JULY 3. 1995
The meeting convened at 7:34 p.m., with President Appezzato
presiding. The Pledge of Allegiance was led by Councilmember
Lucas. Reverend Dan Weller, Alameda Community Church, gave the
invocation.
ROLL CALL - Present: Councilmembers Arnerich, Lucas, Vice
Mayor Mannix and President Appezzato - 4.
Absent: Councilmember DeWitt - 1.
CONSENT CALENDAR
Present Appezzato announced that the following items were pulled
for public discussion: 3-B (95-430) [Report from Chair, Golf
Commission, recommending Authorization for Request for
Qualifications and Proposals for Restaurant and Bar Services at the
Chuck Corica Golf Complex]; 3-C (95-431) [Report from Community
Development Director regarding Alameda Homebuyers Information
Fair]; 3-D (95-432) [Report from Community Development Director on
Program to Increase the Number of Lower-Income First-Time
Homebuyers]; 3-G (95-433) [Report from Public Works Director
recommending Authorization of Agreement for Dockage Rights at Angel
Island]; and 3-1 (95-434) [Report from Acting Public Works Director
recommending Acceptance of Work by All-Marine Services for Alameda
Main Street Ferry Terminal Barge Rehabilitation Project, No. P.W.
08-94-15].
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Vice Mayor Mannix seconded the motion, which carried by
the following voice vote: Ayes: Councilmembers Arnerich, Lucas,
Vice Mayor Mannix and President Appezzato - 4. Noes: None.
Absent: Councilmember DeWitt - 1.
Items so enacted or adopted are indicated by an asterisk.
(*95-422) Minutes of the Special Council Meeting of June 20,
1995; Special Community Improvement Commission Meeting of June 20,
1995; and Regular Council Meeting of June 20, 1995. Approved.
(*95-423) Report from Acting Housing Authority Director
recommending Waiver of Payment in Lieu of Taxes. Accepted.
(*95-424) Report from Chief of Police regarding Authorization
for Full-Time Clerical Position in Police Department. Accepted.
(*95-425) Report from Acting Public Works Director
recommending Support for Congestion Mitigation and Air Quality
(CMAQ) Language Included in S 440 (U.S. Senate). Accepted.
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(*95-426) Report from Planning Director regarding a Fee Waiver
request for the reinstatement of a Planned Development Amendment
and Design Review. Accepted.
(*95-427) Resolution 12669 "Ordering Vacation of Storm Drain
Easement Over a Portion of Parcel 3 of Parcel Map 5274 [formerly
Parcel 2 of Parcel Map 4728 - 1620 South Loop Road]." Adopted.
(*95-428) Resolution 12670 "Authorizing Submittal of Grant
Applications for Fiscal Year 1995-96 Assembly Bill 434 60% Funds."
Adopted.
(*95-429) Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $2,494,790.12. Ratified.
(95-430) Report from Chair, Golf Commission, recommending
Authorization for Request for Qualifications and Proposals for
Restaurant and Bar Services at the Chuck Corica Golf Complex.
Councilmember Lucas thanked the Golf Commission for being so
thorough in preparing the specifications for the new restaurant
operation.
Councilman Arnerich referred to Page 7, Appendix A, Item No. 2 of
the Terms, Conditions and Issues of Request For Proposal (RFP); and
suggested that the Term read: [be open for business every day of
the year] "from the time the Golf Course opens until the completion
of the golf day, and possibly no later than either 10:00 p.m. or
11:00 p.m."
Councilmember Lucas moved acceptance of the report. Councilman
Arnerich seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers Arnerich, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilmember
DeWitt - 1.
(95-431) Report from Community Development Director regarding
Alameda Homebuyers Information Fair.
Neil Patrick Sweeney, Alameda, encouraged attendance at homebuyers'
information fairs and seminars.
Vice Mayor Mannix moved acceptance of the report. Councilman
Arnerich seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers Arnerich, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilmember
DeWitt - 1.
(95-432) Report from Community Development Director on
Program to Increase the Number of Lower-Income First-Time
Homebuyers.
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Don Bergen, Alameda, addressed the Council in opposition to the
Program.
Councilmember Lucas moved acceptance of the report. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers Arnerich, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilmember
DeWitt - 1.
(95-433) Report from Public Works Director recommending
Authorization of Agreement for Dockage Rights at Angel Island.
Neil Patrick Sweeney, Alameda, stated that Angel Island should be
upgraded and that he was working diligently to turn it into an
Asian-American historical island.
Vice Mayor Mannix moved acceptance of the report. Councilman
Arnerich seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers Arnerich, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilmember
DeWitt - 1.
(95-434) Report from Acting Public Works Director recommending
Acceptance of Work by All-Marine Services for Alameda Main Street
Ferry Terminal Barge Rehabilitation Project, No. P.W. 08-94-15.
In response to Councilman Arnerich's inquiry regarding Walther
Engineering Services, the Public Works Director stated that Mr.
Walther was the City's Consultant; that Mr. Walther prepared the
Plans and Specifications and did the inspection work on the
Project; that All-Marine Services performed the work; that it was
an interim project; that the City expected to do additional work
and was applying for additional funds; and that staff recommended
acceptance of the work performed by All-Marine.
Councilman Arnerich moved acceptance of report. Councilmember
Lucas seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers Arnerich, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilmember
DeWitt - 1.
REGULAR AGENDA ITEMS
(95-420) Report from Chief of Police regarding J. Love's Cafe
& Cabaret. (Councilmember Lucas) (Carried over from the June 20,
1995, Regular Council meeting.)
Lorena Brown, Alameda, informed Council of various problems which
continue to exist; requested an explanation for allowance of such;
and further requested that homeowners' rights be honored.
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Michael J. Conroy, Alameda, stated that various problems continue
to exist; expressed concerns; and requested that Council respond to
the community's complaints.
In response to Councilman Arnerich's inquiry, Mr. Conroy stated
that his residence was approximately 200 -300 feet from J. Love's
Cafe & Cabaret.
Helen Bignone, Alameda, informed Council of various problems which
continue to exist; displayed various discarded items found in her
and neighboring yards and in the street; and requested that the
music be discontinued.
Luisa A. Marin, Alameda, addressed the Council in opposition to J.
Love's Cafe & Cabaret; and expressed fear in residing in an area
which caters to unruly patrons.
Irma Marin - Nolan, Alameda, addressed the Council in opposition to
J. Love's Cafe & Cabaret; informed Council of various problems
which continue to exist; stated that due to the lack of security,
patrons congregate at Witmore's Gas Station; and requested that
Council take action to resolve the matter.
Jewel E. Love, Alameda, owner of J. Love's Cafe & Cabaret,
addressed the Council in support of J. Love's Cafe & Cabaret;
apologized for any inconvenience created in the neighborhood;
stated that it was not his intent to disrupt or cause any problems;
that his place of business was zoned for entertainment; that he had
tried to work with the community and address their concerns; that
he had hired individuals to patrol the area and pickup trash, and
that he assisted in that endeavor; that he does not serve or
promote alcohol; and that he welcomed any suggestions as to how he
can succeed and appease the community.
President Appezzato stated that the noise factor was a major
complaint and there was a strong possibility that a nuisance was
taking place at J. Love's Cafe & Cabaret, which to some degree had
not been brought under control; and that a solution must be found
to resolve the community's problems.
The Chief of Police concurred with the comments made by members of
the public and Mr. Love; stated that since the first incident at J.
Love's Cafe & Cabaret, the Police Department had been working in
conjunction with Mr. Love and the surrounding community; that Mr.
Love had been amiable to implement the Police Department's many
recommendations; that Mr. Love had contracted two police officers
on Friday and Saturday nights to help alleviate problems; that Mr.
Love had promoted his business well and, conversely, attracted more
patrons than the fire code allowance of 230; that the residual
crowd of patrons remained in the area which created problems; that
for the months of April, May and the first week of June, Alameda
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Vice Mayor Mannix stated that when he requested a report on the
issue, he asked for scheduling options; that he was concerned there
may be some failure to conform with the ACEA Memorandum Of
Understanding (MOU), and would like the matter addressed; that he
was not convinced it was necessary to stand still during the City
Hall or Library construction periods; that after reviewing the ACEA
MOU, he had some questions about whether the four -day work week
should be over the well -being of the rank and file employees who
really carry the weight of the City; and that he would like the
staff report to come back to Council once more with recommendations
as to specific options, the timing for those options, and costs for
those options.
In response to Mayor Appezzato's inquiry regarding an option for
staggered hours, Vice Mayor Mannix stated that he would be happy
with any option that brought the City back to full service, and
that the four descending steps of the MOU needed to be reviewed.
Councilmember Lucas stated that the contractor needed time to do
the work on the Library, unless the City was willing to pay for
night work or weekend work.
Vice Mayor Mannix stated that he would like to see that matter
addressed in the report, if that was so.
Councilman Arnerich addressed budget impacts and constraints;
stated that the City Manager had not received a salary increase in
six years; that if the City does not take these kinds of steps
[four -day work week], Council would have to go to the voters for a
tax increase; and that Council would be making a drastic mistake to
do anything at this particular time.
President Appezzato concurred that the City should go back to a
five -day work week as soon as possible; discussed budget impacts
and the City's reserve; stated that he does not believe Council can
address each item separately; that the four -day work week needs to
be taken in the full context of contract negotiations and other
costs; that he would not support the raising of taxes; and that if
revenue was needed to support salaries, he would only support a tax
increase if it goes to the vote of the people.
Vice Mayor Mannix stated that cutting back on studies should be
looked at before cutting back on services; that he was still not
convinced that a return to a five -day work week could not be
accomplished with a minimal cost increase by being creative and
going to scheduling.
Vice Mayor Mannix moved acceptance of the report, and requested
that staff report back to Council with a thorough evaluation and
series of options. Councilman Arnerich seconded the motion.
Special Meeting In Lieu of Regular,
Alameda City Council, July 3, 1995
Councilmember Lucas stated the staff recommendation that the
Library be considered for reopening after the installations for the
handicapped are completed made sense; and that she would not
support the motion unless Council concurred to wait until the Fall
of 1995.
The motion carried by the following voice vote: Ayes: Councilman
Arnerich, Vice Mayor Mannix and President Appezzato - 3. Noes:
Councilmember Lucas - 1. Absent: Councilmember DeWitt - 1.
(95 -435) Resolution No. 12671 "Appointing Judy Pollard as a
Member of the Historical Advisory Board." Adopted.
Councilmember Lucas moved adoption of the Resolution. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers Arnerich, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilmember
DeWitt - 1.
At this time, the City Clerk administered the Oath of Office to Ms.
Pollard.
Ms. Pollard accepted the appointment, and thanked the Mayor and
City Council.
(95 -436) Resolution No. 12672 "Appointing W. Lance Russum as
a Member of the Public Utilities Board." Adopted.
Councilmember Lucas moved adoption of the Resolution. Vice Mayor
Mannix seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers Arnerich, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilmember
DeWitt - 1.
Council recessed at 9:02 p.m. and reconvened at 9:20 p.m.
(95 -437) Introduction of Ordinance "Amending the Alameda
Municipal Code by Adding Subsection 2 -1.9 (Proclamations) to
Section 2 -1 (The City Council) Article I (The City Council and
Meetings of the City Council), Chapter II (Administration) Thereof,
Establishing Proclamation Guidelines." Introduced.
The following persons addressed the Council in support of the
Ordinance:
Don Roberts, Alameda. (support with modifications)
Eddie Paul Schutter, Alameda.
Shirley C. Cummins, Alameda.
Reverend Don Taylor, Alameda.
Don Bergen, Alameda.
Earl Peacock, Alameda.
Special Mating In Lion of Regular,
Alameda City Council, July 3, 1995
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Councilmember Lucas spoke in opposition to converting the East Wing
"auto shop" area into a Council Chamber due to costs.
Vice Mayor Mannix moved acceptance of the report, rejected
converting the East Wing "auto shop" area into a Council Chamber,
and directed Cable TV (improvements) in the Little Theater be
provided expeditiously. Councilman Arnerich seconded the motion,
which carried by the following voice vote: Ayes: Councilmembers
Arnerich, Lucas, Vice Mayor Mannix and President Appezzato - 4.
Noes: None. Absent: Councilmember DeWitt - 1.
(95 -440) Resolution No. 12673 "Adopting Mitigated Negative
Declaration, IS -95 -2, for the Restoration of the Historic Alameda
Theatre and the Addition of Four Smaller Auditoriums on the West
Side of the Existing Building, including a Rezoning of the Parcel
at 2317 Central Avenue from C -2 (Central Business District) to C -2-
PD (Central Business District with Planned Development Combining
District); A Planned Development for a Sign Program; Payment of
Parking Fees in Lieu of 70 Spaces; and Design Review." Adopted.
Wayne McAfee, owner of Farmers Insurance Agency, and Alameda Cruise
and Tour Center, Alameda, addressed the Council in opposition to
the Alameda Theater's proposed hours of operation from noon to mid-
night, and anticipated negative repercussions due to the Theater's
lack of adequate parking.
In response to Councilmember Lucas' concerns regarding changing the
Theater's hours of operation and possible financial repercussions,
the Planning Director concurred that such a change would impact the
Theater's financial feasibility; stated that due to no one speaking
in opposition at the Planning Board meeting, that the applicant was
confident; and gave an overview of the parking study and components
of same.
In response to President Appezzato's inquiry regarding permanent
parking at the new library site, the Planning Director briefly
addressed interim and long -term parking strategies.
Vice Mayor Mannix moved adoption of the Resolution. Councilmember
Lucas seconded the motion, which carried by the following voice
vote: Ayes: Councilmembers Arnerich, Lucas, Vice Mayor Mannix and
President Appezzato - 4. Noes: None. Absent: Councilmember
DeWitt - 1.
(95 -441) Final Passage of Ordinance No. 2696 "Amending the
Alameda Municipal Code by Amending Subsection 3- 59.4(d) (Telephone
Users Tax) of Section 3 -59 (Utility Users Tax), Part C (Use Tax),
Article II (Taxation) of Chapter III (Finance and Taxation)
Thereof, Deleting Exception of Seniors Who Are Not Low Income."
Finally adopted.
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Councilmember Lucas moved final passage of the Ordinance. Vice
Mayor Mannix seconded the motion, which carried by the following
voice vote: Ayes: Councilmembers Arnerich, Lucas, Vice Mayor
Mannix and President Appezzato - 4. Noes: None. Absent:
Councilmember DeWitt - 1.
ORAL COMMUNICATIONS, NON-AGENDA
(95-437) Shirley C. Cummins, Alameda, stated that she was
disappointed that the Ordinance regarding proclamations was not
introduced. (Subject matter previously addressed: Item #4-H)
(95-442) Diane Coler-Dark, Alameda, stated that she read an
inflammatory article in the Alameda Times Star written by Gary
Thomas and asked the following questions: 1) where did he get his
figures with regards to the City applying for grants to the Office
of Economic Adjustment (OEA) for other Naval Air Station (NAS)
projects?, and 2) where did he get his information regarding
"secret meetings" with the Mayor, the Port of Oakland, University
of California, et cetera?
Ms. Coler-Dark further commented that statements in the article
alluded to the Chamber of Commerce obtaining funding commitments;
that there were meetings held without public input at which the
City agreed to let 188 acres go to the base closure process. Ms.
Coler-Dark stated that Council should request Mr. Thomas, as a
Planning Board Member, to substantiate his allegations with facts.
President Appezzato stated that it was quite obvious that if Mr.
Thomas knew about the meetings, they were not so secret; and that
hopefully the issue could be dealt with in the future.
COUNCIL COMMUNICATIONS (Communications from Council)
(95-443) Councilmember Lucas stated that she and numerous
citizens had noticed over the years that the drive-by mailboxes at
the South Shore Main Post Office were overflowing with mail on
Sunday evenings, and requested that staff contact the Postmaster in
an attempt to rectify the problem.
(95-444) Councilman Arnerich requested that staff report back
regarding community blight [eyesores], e.g. the former gas station
site on Webster Street, the gas station site on Park Street next to
Cavanaugh Motors, Versailles parking lot at the corner of
Versailles and Fernside Avenue; and stated that merchants in
Alameda should fix up their buildings; and acknowledged the former
Shelby Drapery building on the corner of Lincoln Avenue and Park
Street, and the Universal Kitchen building for their improvements.
Special Meeting In Lieu of Regular,
Alameda City Council, July 3, 1995
ADJOURNMENT
p.m.
(95-445) President Appezzato adjourned the meeting at 11:33
Respectfully submitted,
/
D NE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
Special Meeting In Lieu of Regular,
Alameda City Council, July 3, 1995