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