1992-05-19 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
MAY 19, 1992
The meeting convened at 7:30 p.m. (following the Community
Improvement Commission) with President Withrow presiding.
Councilmember Camicia led the Pledge of Allegiance and Reverend
Robert Keller gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas,
Roth and President Withrow - 5.
Absent: None.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Withrow announced that, at a Special Meeting, Council
convened in a Closed Session at 5:45 p.m. to consider:
92-350 Initiation of Litiaation, pursuant to Subsection (c) of
Government Code Section 54956.9 of the Brown Act: Mayor Withrow
stated Council authorized initiation of ligitation against the Port
of Oakland.
92-351 Significant Exposure to Litiaation, pursuant to Subsection
(b) of Government Code Section 54956.9. Mayor Withrow stated no
action was taken.
92-352 Pendina Litiaation, Jordan v. City, pursuant to Subsection
(a) of the legal counsel section of the Brown Act: Mayor Withrow
stated the status was discussed; no action was taken.
92-353 Personnel Matters, pursuant to Government Code Section
54957: Mayor Withrow stated no action was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY,
92-354 Proclamation Declaring Tuesday, May 19, 1992, as PILOTS
DAY.
Mayor Withrow read the proclamation noting the Pilots, St. Joseph
Notre Dame High School's basketball team, won the State competition
for a second consecutive year; commended the players, and declared
May 19, 1992, Pilots Day.
CONSENT CALENDAR
At the request of a citizen and Councilman Arnerich, 92-370 report
regarding a Committee name change (Mayor's Committee for the
Handicapped), and at the request of Councilmember Roth, 92-369
report regarding an Appeal date, were removed from the Consent
Calendar for discussion.
Councilmember Roth moved approval of the remainder of the Consent
May 19, 1992
Calendar. Councilmember Camicia seconded the motion which was
carried by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*92-355 Minutes of the Special Council Meeting of May 5, 1992.
Approved.
*92-356 Report from Finance Director submitting Investment Report
for Period Ending April 30, 1992. Accepted.
*92-357 Report from Personnel Director on the new Bloodborne
Pathogens OSHA Requirement. Accepted.
*92-358 Report from Planning Director for determination whether to
hear an appeal and to set a hearing date for the appeal of a
Planning Board denial of a Use Permit, UP-91-330 to establish a car
wash pursuant to Section 11-1339(f) of the Zoning Ordinance at 2329
Buena Vista Avenue, within the C-M (Commercial Manufacturing)
District. Applicant/Appellant: Edward T. and Carol L. Simas for
John K.H. and Edna Y.F. Ho. Accepted.
*92-359 Report from Public Works Director recommending Stop Sign
Installation for Van Buren Street at Fountain Street. Accepted.
*92-360 Report from Public Works Director recommending adoption of
Plans and Specifications and Calling for Bids for Minor Street
Patching with Asphalt Concrete for Fiscal Year Ending June 30,
1993, No. P.W. 4-92-10. Accepted.
*92-361 Report from Public Works Director recommending adoption of
Plans and Specifications and Calling for Bids for repair of
Portland Cement Concrete Sidewalk, Curb, Gutter, and Driveway for
Fiscal Year Ending June 30, 1993, No. P.W. 4-92-11. Accepted.
*92-362 Report from Public Works Director recommending adoption of
Plans and Specifications and calling for bids for Infiltration and
Inflow, Phase III, Sanitary Sewer Replacement, Clement Avenue from
Willow Street to Broadway, High Street from Encinal Avenue to
Washington Street, Eighth Street and Westline Drive from Otis Drive
to Portola Avenue, No. P.W. 5-92-12. Accepted.
*92-363 Report from Public Works Director regarding Status of
Recreational Vehicle Storage Facility. Accepted.
*92-364 Report from Planning Director on Status of Implementation
of Alameda General Plan. Accepted.
*92-365 Resolution No. 12250 "Approving the Establishment of, and
Participation in, the Alameda County Abandoned Vehicle Abatement
Service Authority." Adopted.
*92-366 Resolution No. 12251 "Adopting the Abandoned Vehicle
Program for Alameda County." Adopted.
May 19, 1992
*92-367 Ordinance No. . N.S. "Amending Ordinance No. 2497,
N.S., relating to Meeting Times of the 1082 Pension Board.
Introduced.
*92-368 Bills, certified by the City Manager to be true and correct
were ratified in the sum of $1,614,103.72.
92-369 Report from Planning Director for determination whether to
hear an appeal and to set a hearing date for the appeal of a
Planning Board denial of a Use Permit, UP-92-1, to permit
automobile sales, service and repairs pursuant to Section 11-
1335(a) of the Zoning Ordinance at 1537 Webster Street, within the
C-2 (Central Business) District. Appellant/Applicant: Michael
O'Connell.
Councilmember Roth stated he pulled the matter from the Consent
Calendar to abstain due to possible conflict of interest.
Councilmember. Lucas moved acceptance. Councilmember Camicia
seconded the motion which carried by the following voice vote:
Ayes: Councilmembers Arnerich, Camicia, Lucas and President
Withrow - 4. Noes: None. Abstentions: Councilmember Roth - 1.
92-370 Report from Public Works Director recommending Change of
Name of the Mayor's Committee for the Handicapped to Mayor's
Committee for the Disabled.
Josephine Bixler, Member, Mayor's Committee for the Handicapped,
stated she objects to the name "Disabled" as disabled means one
cannot do anything; the Committee is known broadly and its name
should not be changed.
Richard Collins, Alameda, stated "disabled" conveys negative
impression, is defined in the dictionary as incapacitated, while
"handicapped" speaks in broader terms.
Councilman Arnerich stated "disabled" refers to persons unable to
care for themselves; a handicapped person may have impairment but
is still able; requested explanation if Americans with Disabilities
Act (ADA) requires conformance for a benefit to the City. The
Public Works Director replied the Federal and State governments are
beginning to use term; and noted the State now requires "Disabled"
rather than "Handicapped" parking space markings.
Councilman Arnerich stated marking spaces "Disabled" would not
prevent handicapped from applying for such spaces, the [issue] is
terminology and he will not vote for the recommended change.
In response to President Withrow, the Public Works Director stated
Committee's staff secretary initiated [the name change] because of
recent formation of City enforcement group [Americans with
Disabilities Act (ADA) Task Force] and the Risk Manager, ADA
enforcement person, suggested (the change].
May 19, 1992
Councilmember Lucas stated she can see an advantage in complying
with a Federal law that establishes standard terminology; eleven
members of the Committee voted for the change, and she will vote in
support of the report.
President Withrow suggested perhaps the matter should go back to
the Committee for reconsideration.
Councilman Arnerich agreed; stated he does not believe there is a
mandate, only conformity, but is willing to send the matter back.
Councilmember Lucas moved the recommendation [to change name].
Councilmember Roth seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Camicia, Lucas and Roth
- 3. Noes: Councilman Arnerich and President Withrow - 2. Absent:
None.
AGENDA ITEMS
92-371 Resolution No. 12244. "Selection of Appointed City
Auditor and Resolution Confirming City Council's Appointment of
Kevin Kearney as Auditor of the City of Alameda." Adopted.
Councilmember Camicia moved adoption of resolution; stated the
Charter needs to be addressed; suggested an appointment process
for vacancies in [Auditor] position, and proposed changes in
qualifications for the office of Auditor; and stated staff should
review Charter for other changes for placement on the November
ballot.
Councilmember Roth stated he likes Camicia's suggestions but
prefers to not spend $3000 to $6000 to put matter on ballot;
Council could approve procedure, appoint, and perhaps place matter
on a ballot after [November General] election.
Councilmember Roth stated he cannot vote for an Auditor unless a
procedure is first addressed.
Councilman Arnerich seconded Councilmember Camicia's motion to
adopt the resolution appointing Kevin Kearney. The motion carried
by the following voice vote: Ayes: Councilmembers Arnerich,
Camicia, Lucas and President Withrow - 4. Noes: Councilmember Roth
- 1. Absent: None.
The City Clerk administered the Oath of Office to Kevin Kearney.
Mr. Kearney expressed appreciation for his appointment; and
suggested certain Charter requirements, including reducing the
Auditor's salary to equal Councilmember's salary and until the
language is changed, he will donate $200 a month to Friends of the
Parks.
Councilmember Roth stated his vote is no reflection on Mr.
Kearney's capabilities; he is working toward obtaining procedure.
May 19, 1992
92-372 Resolution No. 12245. "Appointing Robert Follrath as a
Member of the City Pension Board." Adopted.
Councilmember Camicia moved the appointment. Councilman Arnerich
seconded the motion which carried by unanimous voice vote - 5.
President Withrow noted Mr. Follrath is not present and the City
Clerk will administer the Oath of Office at a later date.
92-373 Public Hearing to Consider Levying an Annual Assessment on
the Alameda Business Improvement Area [BIA] of the City of Alameda
for FY 1992-93; and Resolution No. 12246. "Confirming the Business
Improvement Area Report for FY 1992-93 and Levying an Annual
Assessment on the Alameda Business Improvement Area of the City of
Alameda for FY 1992-93." Adopted.
Kimberly Ann Byrne, President, West Alameda Business Association
(WABA) stated WABA's report detailing expenditures has been
submitted to Council.
In response to Councilman Arnerich, Ms. Byrne stated she approves
the (staff's) recommendation approving the BIA for another year.
Al Wright, President, Park Street Business Association (PSBA)
outlined notification process of PSBA membership for recent Annual
Meeting, actions taken, and accomplishments.
Wendy Sprague, Executive Director, PSBA, stated several new
committees have been established; noted progress made, including
new businesses.
Doug Perry, Chairman, Economic Revitalization and Recruitment
Committee of PSBA, reported on use of funds, and projects.
David Swayne, stated he is the owner of Polymath (Business
Systems), Park Avenue; is interested in expansion and improvement
of BIA, and favors continuing assessment.
In response to Councilman Arnerich's question, the Community
Development Director noted City's annual costs; and the City
Manager stated "impact" in report, refers to a portion of current
staff's time.
Councilmember Camicia moved adoption of the resolution. Councilman
Arnerich seconded the motion which was carried by the following
voice vote: Ayes: Councilmembers Arnerich, Camicia, Lucas and
President Withrow - 4. Noes: None. Absent: None. Abstentions:
Councilmember Roth - 1.
92-374 Public Hearing on, and Final Passage of, Ordinance No. 2601
N.S., "Adopting the 1991 Edition of the Uniform Building Code, the
1991 Edition of the Uniform Building Code Standards, the 1991
Edition of the Uniform Code for Abatement of Dangerous Buildings,
Appendix 1 of the 1991 Edition of the Uniform Code for Building
May 19, 1992
Conservation and Approving Certain Amendments Thereto
Chapter XIII, Article 1 of the Alameda Municipal Code.
Councilmember Lucas moved final passage of
Councilmember Camicia seconded the motion which
unanimous voice vote - 5.
92-375 Public Hearing on, and Final Passage of, Ordinance No. 2602
N.S., "Adopting the 1991 Edition of the Uniform Plumbing Code, the
1991 Edition of the Uniform Mechanical Code, and Approving Certain
Amendments Thereto by Amending Chapter XIII, Article III and
Article XI of the Alameda Municipal Code." Adopted.
Councilman Arnerich moved final passage of ordinance.
Councilmember Camicia seconded the motion which carried by
unanimous voice vote - 5.
by Amending
" Adopted.
ordinance.
carried by
92-376 Public Hearing on, and Final Passage of, Ordipance No. 2603.
N.S. "Adopting the Uniform Fire Code, 1991 Edition, and Uniform
Fire Code Standards Prescribing Regulations Governing Conditions
Hazardous to Life and Property from Fire or Explosion by Amending
Sections 15-1.2, 15-1.7." Adopted.
Councilmember Roth moved final passage of ordinance. Councilmember
Camicia seconded the motion which carried by unanimous voice vote -
5.
92-377 Public Hearing to consider increase of Building Permit Fees
in conjunction with the adoption of the 1991 Uniform Codes and
Resolution "Amending Master Fee Resolution No. 12191 Increasing
Building Permit Fees."
Resolution No. 12247, "Amending Master Fee Resolution No. 12191
Increasing Building Permit Fees." Adopted.
In response to Councilmember Roth's inquiry regarding possible
automatic fee increases by linkage to Consumer Price Index; the
City Manager agreed the fee can be linked to the Consumers Price
Index or some other relevant index.
Councilmember Lucas stated she is not sure she would like an
automatic increase; believes the public should be made aware an
increase is coming to allow opportunity to comment.
Councilman Arnerich suggested periodic review, and following brief
Council discussion, moved acceptance of the recommendation [which
includes amending Master Fee Resolution Increasing Building Permit
Fees], with the proviso that an annual review be made.
Councilmember Lucas seconded motion which carried by unanimous
voice vote - 5.
92-378 Appeal of a Planning Board partial approval of Variance, V-
91-327, for a porch and two-story addition to single family
May 19, 1992
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residence at 2508 Crist Street. Applicant: Mariusz Lewandowski.
Appellant: Councilmember Camicia.
Christopher Kerosky, Attorney for Applicant, displayed pictures
reflecting property improvements made by Lewandowski, noted
neighborhood support, addressed arguments opposing variance; and
noted benefit to neighborhood if variance is approved.
The Planning Director noted testimony is limited to hearing
information that has been before the Planning Board at the time of
its action.
Mariusz Lewandowski, Applicant, stated he feels caught between the
Codes of Alameda and financial difficulties with lenders; needs
space for his family.
Tina Kilroy, Alameda, stated Planning Board has determined the
variance] would impact her property; Mr. Lewandowski has done a
good job of improvement; his plans look good but are too large for
his property; and the variance should not be granted.
Councilmember Camicia noted the Lewandowski property is in such
disrepair that there should be a way to allow him to do something
for the property that the bank will support.
Mathew Kilroy, Alameda, stated he trusts the judgment of the
Planning Board, does not believe their detailed work should be
circumvented; and commented the story poles were very obtrusive.
Charles Hines, Alameda, stated if the [Lewandowski] second story is
built, trees on his mother's property will not have light, nor
grow; the proposed building is too large for property; and he is
against the variance.
Councilman Arnerich discussed, with Planning Department staff, the
story poles; Associate Planner Jeff Boers stated the 28-foot ridge
line would fit generally within neighborhood characteristics.
Councilman Arnerich inquired if story poles could be put up so
Council could observe possible encroachment. The Applicant stated
he would be willing to do that.
Councilmember Camicia stated he would like to see a compromise, and
suggests putting the matter off to have staff, Mr. Lewandowski, and
the neighbors work out a solution.
Councilmember Lucas questioned staff regarding the neighbors
opposing the variance; discussed size of lot and square footage;
Planning Director stated size of building would be 2,786 sq. ft. on
three levels; the Associate Planner stated, without a variance the
Applicant may be able to develop an addition to include a full
basement and a second level, tripling to roughly 2250 square feet.
Councilmember Lucas stated a garage could be provided under the
May 19, 1992
house in the basement area.
Councilmember Roth requested if matter comes back, that large
drawings be displayed.
Councilman Arnerich moved the matter be referred back [to staff];
parties and City staff try to work out a compromise in the best
interest of both parties and neighbors; and report back to Council.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
92-379 Report from Vice Mayor Lucas regarding parking meters on
Webster Street.
*Written Communication from West Alameda Business Association,
Alameda, requesting the City to remove or cover the parking meters
along Webster Street and its side streets, from Atlantic Avenue to
Central Avenue.
Kimberly Byrne, President, West Alameda Business Association
(WABA), discussed letter from WABA; described survey made by WABA,
and information gleaned.
Councilman Arnerich discussed the increase in survey responses, and
Ms. Byrne noted the letter dated April 21, 1991, should reflect
1992.
Councilman Arnerich inquired if WABA would like meters bagged and
follow the same procedure as Park Street; and Ms. Byrne replied
affirmatively.
Al Wright, President, Park Street Business Association (PSBA),
stated PSBA has not taken a stand on this particular item; its only
consideration is its proposal already made to Council.
Councilmember Lucas stated she put the matter on agenda because she
believes giving the same benefits to Webster Street as to Park
Street is only fair; and moved to give WABA the right to bag meters
under the same conditions as the Park Street merchants.
Councilmember Camicia seconded the motion.
Councilmember Roth stated he wants WABA to be able to participate
but he does not support the concept of bagging meters.
The motion was carried by unanimous voice vote - 5.
92-380 Report from City Manager regarding a proposal to purchase
1525 Bay Street (Mastick Senior Center) from Alameda Unified School
District.
William Garvine, Member, Board of Education, recognized other Board
Members present, Sam Huie, Barbara Rasmussen and Marjorie Rose,
also Assistant Superintendent of Business, Tom Hudson, and a Wood
School Seventh Grader, Andrew McGrath; thanked Council for working
May 19, 1992
with School District; stated proposed agreement is result of
cooperative efforts; price was negotiated, agreed upon jointly, and
based upon professional appraisals; stated it is important to
understand that the School District's willingness to receive
payment over twenty years with interest-free terms effectively cuts
the real 1992 sales price to about $300,000; previous Councils and
School Boards talked about this [matter] and the topic of a
$500,000 sales price came up at that time; if Council cares to cut
a check for $500,000 tonight, Board Members would be happy to take
it and turn over the title; applauded Council efforts on behalf of
young people of the community; and the School District's concern
for a long-term viable place for Senior Citizens to enjoy.
Charles Tillman, Alameda, stated he is in accord with what Council
is doing but is concerned that the Mastick Center Advisory Board
should have been informed; expressed concern about [the figure of]
$1,600,000 above a prior [purchase] figure; and concern that the
meeting [of Councilmembers] with the School Department were close
to being closed sessions.
President Withrow stated two members of City Council, City Manager,
two School Board Members, and School Superintendent have met for
three years, each month, to discuss issues of common interest; the
Council Meeting is the public session and the issue will be
discussed in the future before agreement is completed.
John Barni, Sr., Alameda, stated he favors the City taking over
Senior Center, but taxpayers acquired the property, now School
Board is attempting to sell it, and citizens must pay again; he
favors School Board deeding the property to senior citizens.
Councilmember Lucas noted the increase in value since she favored
buying the property in 1986 as it was subject to a 14 year lease
and could be purchased at a reasonable price; stated the School
Board is reasonable and flexible in taking installment payments; in
1986, the Council invested $750,000 in the property, now the
investment is much higher; believes Council should act like
sensible business people and buy the property.
The City Manager, in response to Mr. Tillman's earlier comments,
noted the staff report reflects copies were sent to Recreation
Commission and Mastick Senior Center Advisory Board to invite
comments on conceptual proposal tonight: an ordinance will be
brought back to Council at a future date.
Councilmember Camicia moved the recommendation [to give conceptual
approval to the process so the School District may proceed with
surplusing the property]. Councilmember Lucas seconded the motion.
Councilman Arnerich stated he would like the School District's
offer of $500,000. to be considered in the concept; City contact
the Federal Deposit Corporation concerning future dollar values;
and [Mastick Center] Senior Advisory Board, Recreation Commission
and Staff comments be included in proposal.
May 19, 1992
I
A
Councilmember Roth stated he will go along with the concept but
would like to know what a 20-year amortized loan for $500,000 would
cost per year in payments.
Mayor Withrow responded he would run the numbers and provide them
to the Council.
The motion was carried by unanimous voice vote - 5.
92-381 Resolution Setting City Council Position on Senate Bill
1538 (Kopp): Supporting Senate Bill 1538 Enacting Major Amendments
to the Brown Act (Councilmembers Arnerich and Camicia); or Opposing
Senate Bill 1538 and Assembly Bill 3476 Enacting Major Amendments
to the Brown Act (Alameda County Mayors' Conference).
Resolution No. 12248 "Supporting Senate Bill 1538 Enacting Major
Amendments to the Brown Act." Adopted.
* Written Communication from City of Berkeley regarding Senate Bill
1538 (Kopp).
President Withrow announced this item would be taken out of order;
that Senator Quentin Kopp, and James Jackson, retired Sacramento
City Attorney, would discuss SB1538 (Kopp) and AB3476 (Burton).
Mr. Jackson discussed the penalty (Section 23, SB1538), which makes
a member of a legislative body who attends or participates in a
meeting which is in violation of a number of sections cited, guilty
of an infraction, even if advised by an attorney that the meeting
is valid, or if completely unaware of infraction; and the
attorney/client section.
Senator Kopp explained SB1538, addressed penalty section of Bill,
Closed Session notices, audio taping of Closed Sessions,
attorney/client privilege, litigation provision; noted associations
and districts that support the Bill and those in opposition; he
will listen to suggestions on how to refine Bill, but believes
adoption of resolution of support would be a good thing for Council
and the City.
In response to Councilmember Roth's inquiry, Senator Kopp explained
procedure if both Senate and Assembly Bills are passed, noting the
possibility of being sent to a Joint Conference Committee; and
discussed private non-profit corporations.
Councilman Arnerich discussed the noticing of meetings with Senator
Kopp and Mr. Jackson.
In response to Councilmember Lucas, Senator Kopp addressed the
issue of meetings held outside the jurisdiction of governing
bodies.
Councilman Arnerich stated he will support Senator Kopp's Bill to
eliminate excessive spending of taxpayer dollars resulting from
closed door sessions as in recent University of California
May 19, 1992
°.\
ta-`1
retirement benefits.
Former Mayor Chuck Corica, Alameda, stated he believes Senator
Kopp's strengthening of that law is good; commended Senator Kopp;
stated he supports the Bill and hopes Council will.
President Withrow thanked Senator Kopp, for attending the Council
Meeting.
Mr. Jackson stated the Burton Bill [AB3476] is quite close to a
position the League could support, and does not contain what he
considers a very unfair infraction provision; discussed
attorney/client provision, tape recording requirement; stated a
good compromise is in Burton Bill which is a mandatory requirement
to keep closed session minutes; believes City should not support
SB1538 and not oppose Burton Bill.
Councilmember Lucas stated she will not support SB 1538 because a
Councilmember could be subject to criminal penalties without
intent; reputation could be damaged, perhaps with reliance upon
City Attorney opinion; ultimately, to be convicted of a crime
without intent; she will support Burton Bill.
Councilman Arnerich stated Senator's Bill is progress to tighten
the Brown Act; he will support the Bill [SB1538].
Councilmember Camicia stated he will support resolution; believes
Burton and Kopp Bills will end in conference committee and likely
become a Bill all can support.
President Withrow inquired if Councilmember Camicia could craft a
motion supporting Burton and Kopp Bills including concerns over
issues voiced by Councilmembers so a unanimous vote can be gained.
Councilmember Camicia stated that would need to be checked with
Councilman Arnerich first.
President Withrow inquired if Councilmember Lucas could state she
could support Kopp and Burton Bills subject to concerns over the
criminal penalties and attorney/client relationships.
Councilmember Lucas stated she will support Burton Bill but not
Senator Kopp's Bill because too many unknowns are in it.
Councilmember Roth stated he agrees with Councilmember Lucas; is
concerned cities approved the Bill two months ago and many
amendments have been made since then; he does not believe a stand
should be taken until [Bill] is allowed to progress further.
Following further discussion, Councilman Arnerich moved support of
Senator Kopp's Senate Bill 1538. Councilmember Camicia seconded the
motion, and stated by the time the Bill gets to the Governor's
desk, it will be in a satisfactory form.
May 19, 1992
Replying to Councilmember Lucas, Mr. Jackson noted he does not know
when League will review Burton Bill; is concerned a Council vote in
favor of SB1538 will be interpreted that Bill is alright with its
present language and does not need change.
Councilmember Lucas stated that is her fear and she will not
support it; if the vote fails, she would ask the matter be reviewed
in a month or so when some problems are ironed out.
President Withrow stated he has reservations about portions of
Bill but without it, the loss of benefits would be worse than being
encumbered by some issues currently before Council, he does not
believe some issues of concern will get through the process and a
vote by Council would be support of the overall objective and he
will support SB1538.
The motion carried by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia, and President Withrow - 3. Noes:
Councilmembers Lucas and Roth - 2. Absent: None.
[Recess for ten minutes to 11:10 p.m.]
92-382 Report from City Manager regarding a Charter Amendment to
Remove City Manager as Member of Public Utilities Board.
(Councilmember Camicia)
Councilmember Camicia explained the background of the matter and
moved adoption of the resolution. Councilmember. Lucas seconded.
To Councilman Arnerich's inquiry, President Withrow noted the
report states appointment [of a Member] would be by the Mayor and
Council; and Councilmember Roth added the appointment [process]
would be the same as for the other four Members of the Board.
Councilman Arnerich inquired if a Councilmember could be appointed,
and the Acting City Attorney stated there is no constraint on
appointing a Councilmember.
President Withrow inquired if the matter has been coordinated with
the PUB; the City Manager replied the matter has been discussed
with PUB; if approved, a resolution will be drafted, PUB will
review, and he believes PUB will be supportive.
Councilmember Camicia moved the recommendation [for a resolution to
be placed on the June 2, 1992, Council Meeting]. Councilmember
Lucas seconded the motion.
* * * *
Councilmember Camicia moved to continue the meeting past 11:00 p.m.
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
* * * *
Councilmember Roth stated his concern about cost involved, and
inquired if there is an urgency about placing this matter on the
ballot.
May 19, 1992
Councilmember Camicia stated he believes the matter should be
cleared up so there is no confusion and should be done now.
The motion carried by unanimous voice vote - 5.
92-383 Report from the Community Development Director regarding
Midway Status and Alternatives for Continuation of Homeless
Services.
Phyllis Marshall, Chair, Homeless Task Force (HTF), Member, Social
Service Human Relations Board (SSHRB), commented on need of funds,
affordable provision, accountable provider, agency coordination,
volunteers; and noted the HTF supports Homeless Network efforts.
Rod Murray, Member of Administrative Board, Alameda Interfaith
Outreach Council (AIOC); stated about 22 congregations participate;
noted programs generating funding and providing food; discussed
problems; City should appropriate funds to continue program.
Herb VonColditz, Alameda, Director, Homeless Network, addressed
plans being discussed for efficient layout on current site; would
like Community Development to retain some services and continue to
work on providing suitable, more efficient facility.
Virginia Krutilek, Chair, Alameda Homeless Network, stated she
supports interim services; the Network decided emergency overnight
shelter should come first and is working on funding, and urged
Council support staff report.
Charles Tillman, Alameda, stated an opportunity exists to build the
City up on the basis of supporting the homeless, and Housing Fund
has reserves.
Jim Franz, Alameda, stated now is time to evaluate, design cost-
effective facility, and begin affordable program to enhance as
funds are found; would like July opened for fundraising, as Alameda
Thanksgiving [fundraiser], to kick-start new program.
Sheila McGrath, St. Joseph's Parish Social Concerns Committee,
stated support of shelter; read letters from Zenobria Nimner,
Executive Director, Emergency Services Network of Alameda County,
expressing concerns, urging City to continue funding Midway, and
offering assistance; and from Rev. Patrick Goodwin, Pastor, St.
Joseph's Parish, noting financial support and volunteer force for
Midway given by Parish, and encouraging Council enable City to deal
with Homeless, and Shelter be top priority in funding.
Councilmember Camicia thanked Volunteers of America for their
administration of the Program; stated program must continue,
believes persons proposing program will do a good job; and moved
recommendation [to authorize grant agreement with American Red
Cross; allocation of funds for homeless]. Councilmember Roth
seconded the motion.
May 19, 1992
The motion was carried by unanimous voice vote - 5.
92-384 Resolution No. 12249 "Opposing Ballot Measure Which Would
Amend the City Charter by Enlarging the Scope of Binding
Arbitration and Repealing Taxpayers Right to Vote on Increased
Awards." (Mayor Withrow) Adopted.
Councilmember Camicia explained the background of the matter.
Councilmember Roth stated he would like to see Council support
this [resolution]; but Council should consider placing on a ballot,
salary increases for all City employees tied to an index, e.g.,
Consumer Price Index, or to an average of some key cities agreed
upon by Council; and the salaries be automatic; what is being tried
is harmful to the City.
Councilmember Camicia stated he "understands that the intitiative
as it is being circulated states that if the initiative is passed,
it will prohibit strikes by firefighters; and I understand that
the firefighters are already prohibited from striking; what I'd
like to know is: since that's being circulated as part of the
initiative, doesn't that void the initiative since it isn't true."
The Acting City Attorney stated it is true that strikes are already
prohibited by Article 27.1 of the Charter, but no I don't think it
voids it.
Councilman Arnerich stated he is trying to be fair and objective,
in many respects supports binding arbitration, and has written to
cities to find the effects of binding arbitration on those cities;
he will abstain because he does not have all the information.
Councilmember Lucas moved the resolution. Councilmember Camicia
seconded 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.
92-385 Ordinance No. 2604, N.S. "Amending the Alameda Municipal
Code by Adding Ordinance No. 1676, N.S., as Section 2-15, Article
II (Boards and Commissions); Creating the City of Alameda Disaster
Council, Providing for Membership, Director and Other Offices
Thereof, Prescribing Duties, Functions, and Responsibilities of
Same." Adopted.
Councilmember Camicia moved Final Passage of the Ordinance.
Councilmember Lucas seconded the motion which was carried by
unanimous voice vote - 5.
92-386 Ordinance No. 2605, N.S. "Adopting a
Management and Discharge Control Program." Adopted.
Councilmember Roth moved adoption. Councilmember Lucas
motion which was carried by the following voice
Councilmembers Lucas, Roth and President Withrow -
Storm Water
seconded the
vote: Ayes:
3. Noes:
May 19, 1992
Councilmembers Arnerich and Camicia - 2. Absent: None.
92-387 Written Communication from Clayton Guyton and Laurence Van
Hook of Alameda recommending "Hire Alameda First."
Bonny Moore, Alameda, stated that when going out for contracts, the
most competent people should be hired; also, businesses already
attempt to hire Alamedans.
Lawrence VanHook, Alameda, stated Oakland has a program to hire
Oakland first; and Alameda Unified School District has adopted a
resolution to hire Alamedans first.
Councilmember Lucas noted this matter was a ballot measure a year
ago and was defeated by Alameda voters. Mr. VanHook replied
perhaps we could try again.
Councilmember Roth noted the (Guyton/VanHook) letter states the
School District passed a resolution "encouraging" Alamedans, which
is different from preferential treatment; and Reverend VanHook
indicated quality of work is necessary; "encouragement" of hiring
Alamedans would be a good start to let Alamedans know of concern
for citizens.
Councilman Arnerich noted Alamedans receive a five-percent
preferential treatment when bids are received.
Clayton Guyton, Alameda, stated the situation is not as gloomy as
when issue was first put on agenda; help has been received from
people who have employed sixteen youth; all that is requested is a
signal of interest.
Jim Franz, Alameda, noted, that in programs with federal funding,
equal opportunity is provided, and while attempting to provide for
Alamedans, others are not refused.
Councilmember Roth moved to refer the matter to staff, a resolution
encouraging businesses to hire Alamedans be brought back for
consideration, and [staff determine] what is legally possible.
Councilmember Camicia seconded the motion.
Councilmember Lucas stated this is a dead issue because it has been
decided by the voters so she will not vote for it.
Councilman Arnerich agreed.
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Roth and President Withrow - 3. Noes:
Councilmembers Lucas and Arnerich - 2. Absent: None.
NEW BUSINESS AND UNFINISHED BUSINESS
92-388 Consideration of rescheduling June 21992, , Council Meeting
(Councilman Arnerich)
May 19, 1992
145
Councilman Arnerich moved Council adjourn the Regular Council
Meeting of June 2 to June 3, 1992. Councilmember Lucas seconded the
motion.
Following brief discussion on the possibility of meeting on June
1st, the motion was carried by unanimous voice vote - 5.
92-389 Councilmember Camicia stated there have been previous
discussions that a house on [1628) Alameda Avenue operates as an
apartment building without a license; he is receiving complaints
and wants the issue resolved.
92-390 Councilmember Camicia requested staff report back with a
proposed ordinance which allows cafe seating on the sidewalk.
92-391 Councilmember Camicia requested a report back from the
Police Chief on community-based policing; report should first be
given to Mayor's Committee on Cultural Diversity for input and then
be transmitted to the City Council.
92-392 Councilmember Roth stated the Neptune Beach Revival Day on
Webster Street was successful and he is very proud of the people
who put the event on, and of Webster Street. Councilmember Lucas
agreed.
92-393 Vice Mayor Lucas stated that we suffer from balkanization
of public transit; have complained about the coordination between
A.C. Transit and the Ferry System; there was an article in the
Alameda Times Star on the issue; doesn't understand why so many
fiefdoms, and would like a staff report on why there is such a
division; and if reason is not clear, would like Council to pass a
resolution complaining to Metropolitan Transportation Commission
(MTC).
92-394 Mayor Withrow announced the dinner honoring the St. Joseph's
Basketball Team has been cancelled due to the recent, premature
death of Salvador Martinez: honor student, fine gentleman, as well
as basketball player on the team.
ADJOURNMENT
92-395 The meeting was adjourned by President Withrow at 12:20 a.m.
in memory of Salvador Martinez.
ectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
May 19, 1992
MINUTES OF JOINT WORK SESSION OF THE ALAMEDA CITY COUNCIL
PLANNING BOARD, ECONOMIC DEVELOPMENT COMMISSION,
HISTORICAL ADVISORY BOARD, HOUSING COMMISSION, LIBRARY BOARD
MAY 28, 1992
The Work Session was convened at 7:30 p.m.
ROLL CALL - Present: Councilmembers Arnerich, Lucas, and
Roth - 3.
Absent: Councilmember Camicia, President Withrow
- 2.
The purpose of the Work Session was for the Council, Boards and
Commissions to meet with the business community and interested
citizens regarding the Area-wide Strategy Plan for the Business
and Waterfront Improvement Project; and to provide an opportunity
to participate with the consulting team of Roma Design Group in a
discussion of a strategy plan for the revitalization of the Park
Street and Webster Street commercial districts, the Civic Center,
and the Northern Waterfront.
ADJOURNMENT
The Meeting adjourned at 10:00 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The notice of the meeting was posted in advance in accordance with
the Brown Act.
May 28, 1992