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1992-10-06 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL OCTOBER 6. 1992 The meeting convened at 7:55 p.m. (following the Housing Authority Board of Commissioners Meeting) with President Withrow presiding. Councilmember Roth led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Camicia, Lucas, Roth, and President Withrow - 4. Absent: Councilman Arnerich - 1. ANNOUNCEMENT OF CLOSED SESSION ACTIONS Mayor Withrow announced that Council met [at 7:08] in Closed Session to consider: 92-684 Pendina Litiaation, pursuant to Subsection (a) of the legal counsel section of the Brown Act: Mayor Withrow stated Council authorized settlement with the defendant in a class action suit, State of California v. Rosendin Electric, in which the City will be the beneficiary. 92-685 Significant Exposure to Litiaation, pursuant to Subsection (b) of Government Code Section 54956.9 of the Brown Act: Mayor Withrow stated no action was taken. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 92-686 Notification of Association for Commuter Transportation (ACT) "No CAR Campaign" Award to City of Alameda. The Acting Public Works Director explained the background of the award which relates to vehicles and pollution, and depletion of resources. 92-687 Notification of Metropolitan Transportation Commission (MTC) "Go for the Gold" Award to City of Alameda/Port of Oakland for Ferry Marketing Efforts. The Acting Public Works Director explained this is an MTC established award recognizing outstanding efforts in the transportation field. Mayor Withrow commended the Public Works Department for achieving both of the awards. 92-688 Proclamation Declaring October 15, 1992, White Cane Safety Day. President Withrow read the proclamation and declared the week of October 15, 1992, as White Cane Safety Day in Alameda; and called upon schools, employers and public to open opportunities for the blind and recognize the white cane as an instrument of safety. October 6, 1992 CONSENT CALENDAR At the request of Councilmember Roth, reports (92-693) concerning BCDC agreement and (92-694) award of Towing Contract; at the request of citizens, resolution (92-695) regarding Contract for design of proposed Hardball Facility; and at the request of Councilmember Camicia, resolution (92-696) regarding Mokelumne River Water Rights; were removed from the Consent Calendar. Councilmember Roth moved approval of the remainder of the Consent Calendar. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. *92-689 Minutes of the Regular Council Meeting of September 15, 1992, and the Special Council Meeting of September 15, 1992. Approved. *92-690 Report from the Assistant City Manager recommending adoption of plans and specifications and calling for bids, for the Golf Course Entryway and Lake Renovation at the Chuck Corica Golf Complex, No. P.W. 10-91-12. Accepted. *92-691 Ordinance No. • N.S. "Amending the Alameda Municipal Code by Amending Sections 7 and 8 of Chapter VIII (Traffic and Motor Vehicles), Pertaining to Overnight and Parallel Parking." Introduced. *92-692 Bills, certified by the City Manager as true and correct, were ratified in the sum of $2,132,455.12. 92-693 Report from Public Works Director recommending authorization for Public Works Director to sign a Bay Conservation and Development Commission (BCDC) Agreement Imposing Public Access Restrictions in Conjunction with the Grand Street Boat Launching Facility Project. Councilmember Roth stated he pulled the item off Consent Calendar to inquire why a contract is now necessary and what would happen if a change is to be made in the future, to which the Acting Public Works Director responded the Agreement is a BCDC requirement; and, if a change is to be made in the future, a modification of agreement would be necessary. The City Manager further explained BCDC's Permit requirements, Standard Agreements and Conditions, including public access. Councilmember Roth moved to accept report. Vice Mayor Lucas seconded the motion which carried by unanimous voice vote - 4. 92-694 Report from Finance Director recommending Award of Towing Contract (MSP 8-92-1) to Ted & Joe's Towing of Alameda. October 6, 1992 Councilmember Roth stated he pulled the matter for discussion because he has received complaints on Ted & Joe's towing practices; would like clarification on rates and a procedure for resolving complaints. The Chief of Police stated the Department does not receive many complaints regarding Ted & Joe's, and the fees are generally in line with prevailing rates around the Bay Area. The City Manager stated he would like an opportunity to check out the complaints Councilmember Roth has received and if they are substantiated, they would make a difference in recommendation. Councilmember Camicia noted the rates in Pito's bid look more attractive, and would like to be informed of their exact location in Oakland. Councilmember Roth moved the matter be held over to the next meeting and information gathered that Council wants. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 4. 92-695 Resolution No. 12326, "Awarding Contract for Design of Proposed Hardball Facility at the College of Alameda and Allocating Funds from the Dwelling Unit Tax to Provide for Architectural Services." Adopted. Amey Stone, Trustee, Peralta School District, complimented Council and staff for selection of firm; and the District is very pleased to see [the project] moving ahead. Derrick Patrick O'Neill, Alameda, stated the need for full-sized soccer fields for the 1100 Alameda children who play soccer, and requested Council consider, when spending money for design, a feasibility study on soccer fields. Councilmember Roth inquired if the Soccer Club would pay for the feasibility study; and Mr. O'Neill replied, if necessary, they would consider paying. In response to Councilmember Camicia, the Recreation Director explained the firm contracted to [design] the baseball facility could do a soccer field feasibility study for $2000 to $3000, the land belongs to the College which would need to decide if the study is to be pursued. Councilmember Roth commented if Council approves [adopts the resolution], and requests the College to look at a feasibility study, the decision would then be theirs. Vice Mayor Lucas agreed. Don Peterson, Alameda, stated fields and make a new baseball no reason exists to take two soccer field to be used by a limited number October 6, 1992 of people; and Council owes the City at least a feasibility study. Charles Millman, Alameda, requested Council not grant $25,000 from the dwelling unit tax fund before knowing what the total cost of the field [hardball facility] will be. Joseph Mariscal, Vice President, Alameda Soccer Club, discussed importance of soccer to the children, and the need of quality fields in Alameda. Councilmember Camicia stated he is not opposed to investigation of the feasibility study, however, he does not want a delay [of the hardball facility]. The City Manager explained much time was spent on a way to fund the design work; the $25,000 from the dwelling unit tax is restricted for use only for park facilities; the agreement with the District is that they will provide the land and the City will provide the design and construction; suggested Council authorize the award of contract for the design and direct staff work with the Alameda Soccer League, Jack London Soccer Club and the [Peralta College] District to discuss and work out feasibility study financing. Councilmember Camicia moved the City Manager's suggestion, the resolution, and directed staff to discuss funding of a soccer field feasibility study with soccer organizations. Vice Mayor Lucas seconded the motion which carried by unanimous voice vote - 4. President Withrow assured "members of the soccer community" that Council will pursue obtaining quality full-size soccer fields for the players of the City; and thanked Amey Stone for her efforts, the Peralta College District and College of Alameda. 92-696 Resolution No. "Supporting the Efforts of the East Bay Municipal Utility District (EBMUD) in its Reevaluation of Mokelumne River Water Rights." (Vice Mayor Lucas) Held over. Councilmember Camicia requested the matter be agendized for the next Council Meeting. REGULAR AGENDA 92-697 Resolution No. 12327 "Appointing Naomi L. Hatkin as Member of the Historical Advisory Board." Adopted. Councilmember Camicia moved adoption of the resolution. Vice Mayor Lucas seconded the motion which carried by unanimous voice vote - 4. 92-698 Resolution No. 12328 "Appointing Charles S. Bridges as Member of the City Social Service Human Relations Board." Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Roth seconded the motion which carried by unanimous October 6, 1992 voice vote - 4. 92-699 Resolution No. 12329 "Appointing Ruth S. Lamb as Senior Tenant Member of the City Housing Commission." Adopted. By consensus, Council adopted the resolution. The City Clerk administered the Oath of Office to Ms. Lamb. 92-700 Report from Police Chief on status of Twilight Zone Dance Permit. (Vice Mayor Lucas) Yolanda Thurston, Alameda, stated she was concerned by recent incident involving gun fire and would like to hear status report from Chief of Police. David Long, Alameda, stated he had not been concerned about the noise and cars related to the dances, however he would like the City to bring pressure on a business that brings into the community a situation causing added expense to the City for police services, and young people shooting each other. Ray Jordan, Twilight Zone, Alameda, described the shooting incidents that took place on September 5th and 26th, his efforts to control the situations, police action, his security system and precautions, shooting incidents in other businesses compared to the Twilight Zone, and his concern and willingness to take further action. Vice Mayor Lucas stated her concern about the gun violence in connection with the dance, discussed concerns of the neighbors; [Mr. Jordan's] recommendations in the Police Chief's report to increase security, monitor parking lot entrance, record license numbers, and when ejecting persons for fighting in club be sure one has left the area before permitting other to leave, make sense; and she would like a report from the Chief in a month on effectiveness of recommendation for violence-prevention in the future Councilmember Camicia suggested to Mr. Jordan that he find an effective way to ease the problem, or close the Twilight Zone. Mr. Jordan noted police response to a fight at the Linoaks and expressed a desire for some police visibility at the Club. Councilmember Roth discussed monitoring of parking lot with the Chief of Police. Vice Mayor. Lucas inquired if the Chief believed the recommendations would prevent shootings, to which the Chief replied speculation would be difficult. President Withrow discussed with the City Attorney the possibility, and criteria, of revocation of dance permit. October 6. 1992 Councilmember Roth inquired why the City cannot regulate dancing establishments and other gathering places through zoning ordinances and utilizing Use Permits. Vice Mayor Lucas questioned if dancing could be outlawed; and the City Attorney commented she will prepare answers to the questions on whether dancing can be abolished for Vice Mayor Lucas, and Use Permits utilized for Councilmember Roth. Vice Mayor Lucas moved the Chief report back to Council in a month on progress of efforts to prevent future violence in or around the Club, as outlined in the staff report]. Councilmember Camicia seconded the motion and stated Mr. Jordan should meet with the Police Department to establish an interim security plan. The motion was carried by unanimous voice vote - 4. 92-701 Report from the Assistant City Manager Proposing Once-a- week Complimentary Golf Privileges for Golf Commissioners. Charles Tillman, Alameda, stated he does not believe gratuities should be given Boards/Committees Members; and questioned the cost involved in complimentary play. Maynard (Bob) Gannon, Member Golf Commission, stated Commissioners play once or twice a week, pay $50 a month; he plays once a week but is on the Course five to seven days per week in order to report back to Golf Course management and adequately address issues for improvement of Course. Edward Trevathan, Member, Golf Commission, stated the matter has been blown out of proportion; the Commission is not trying to get something free; he is at the Golf Course almost every day, reports to Golf Superintendent; the Commission's intent is to keep up the Course and do whatever is necessary to accomplish that goal. President Withrow clarified the proposal did not come from the Golf Commission; and the City Manager so confirmed. President Withrow commented staff noted Commission Members were paying the cost of carrying out their responsibilities. Councilmember Camicia stated the timing is poor, however, he does not believe Commissioners should be required to pay $50; suggested sending report to Golf- Commission to review all complimentary privileges and report back to Council with a recommendation. Councilmember Roth stated he does not believe playing is necessary; and if the Commission did not bring up the matter, the matter should be shelved. Vice Mayor Lucas stated she believes reviewing the issue is a good October 6, 1992 idea. 8 President Withrow stated he does not believe a good feel for the Course can be obtained without playing the Course; Councilmember Camicia's suggestion to send the matter to the Golf Commission for review and recommendation to Council makes sense. Councilmember Camicia so moved, including review of other privileges. Vice Mayor Lucas seconded the motion which carried by unanimous voice vote - 4. 92-702 Report from Chief of Police regarding Police Reserve Program. Don Roberts, Alameda, stated the Police Reserve proposal has positive aspects, however, the negatives outweigh the positives, e.g., possible increased liability to the City; urged Council not approve proposal. Gary Thomas, Alameda, stated support of the Police Reserve Program; and noted citizens are concerned about increase of crime. President Withrow stated the Program is being considered at his request, has been discussed for years; the City is exposed to an increase in crime rate; fully trained police in a sufficient number would be good but the City does not have funding for fully trained police, therefore finding creative ways to achieve goals is incumbent upon Council, and the Program does that. The City Manager noted perhaps some (Reserve] officers would be prepared for the Program in four or five months, e.g., retired police officers. Councilmember Camicia stated the program could be structured in such a way that it would, in a sense be a training program for those interested in becoming police officers; should encourage the participation of minorities and women, and include the goal that volunteers become police officers in Alameda. Vice Mayor Lucas stated she likes Councilmember Camicia's' suggestion, does not want to preclude retired police officers who live in Alameda from participating, and the program must be flexible enough to include persons qualified to participate. Vice Mayor Lucas moved City Manager be directed to provide proposal for volunteer program. Councilmember Camicia seconded with inclusion of encouragement of participation of minorities and women toward the goal of becoming police officers in Alameda. Vice Mayor Lucas agreed. The motion carried by unanimous voice vote - 4. 92-703 Ordinance No. 2615, N.S. "Amending the Alameda Municipal Code by Amending Subsection 5-6.6 of Chapter V, (Licenses and Permits) Article I, pertaining to Restrictions on Dissemination of Confidential Documents Relating to Licenses and Permits." Adopted. October 6, 1992 Councilmember Roth moved final passage. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 4. 92-704 Ordinance No. 2616. N.S. "Amending the Alameda Municipal Code by Repealing Subsection 8-7.5 of Chapter VIII, (Traffic and Motor Vehicles) Relating to Parking for Demonstration." Adopted. Councilmember Camicia moved final passage. Vice Mayor Lucas seconded the motion which carried by unanimous voice vote - 4. 92-705 Ordinance No. 2617. N.S. "Amending the Alameda Municipal Code by amending Subsections 30-6.2, 30-6.5(h), 30-6.15(m)(4), and 30-6.15(m)(5), of Chapter XXX (Development Regulations), and added Subsection 30-6.15(y), Pertaining to the City of Alameda Sign Regulations." Adopted. Vice Mayor Lucas moved final passage. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 4. 92-706 Written Communication from Vice Mayor Karin Lucas proposing Council request the Library Board to investigate the possibility of rehabbing the Carnegie Building for library purposes and the construction of an annex. Archie Waterbury, President, Library Board, stated the Board will be meeting October 14th, and at that time he would agendize the Vice Mayor's suggestion. Doris Chow, Alameda, stated she and many other citizens hope the Library Board and Council will see the need to drop the plan for a new library and agree to expand, renovate and update the present Carnegie Library, which would be less expensive; savings could be used for police and fire protection; suggested Linoaks Motel be converted to low-cost housing project. David Plummer, Alameda, stated if Alameda voters had been given opportunity to vote on the Library issue, they would undoubtedly have endorsed renovation and expansion of Carnegie Library; and if a bond issue to improve the Library system was voted on, renovation and expansion of the Carnegie Library would surely have had the best chance for passing. Dr. Alice Challen, Alameda, agreed with previous speakers and urged the Library Board to reconsider rehabilitation of the Carnegie Library; senior citizens have told her they appreciate the location of the Carnegie Library; a lesson should be learned from the saving of buildings on the East Coast and in other countries; with homeless and unemployment priorities, saving what we have rather than spending on what we do not need would be a good example. Vice Mayor Lucas stated it is time to take a fresh look at this problem; federal funds may become available to encourage new Public Works Projects and hopefully plans can be put into place to qualify for some of those funds. October 6, 1992 S Councilmember Roth stated if the Library Board wants to look at it, they may, but money is not available; he cannot support doing a study until Council knows where the money is coming from. Councilmember Camicia stated he sees no harm in having the Library Board review the whole subject including the Carnegie; a Council Candidate, Gary Thomas, had a good suggestion which also ought to be explored: locating a Library in a mall where parking is available and many persons are present. Councilmember Roth commented the City owns property on Webster Street where the Library could be relocated with the Housing Authority, together with a new City Hall. President Withrow agreed it does not hurt to have the Library Board look at alternatives but expectations should not be raised because the City does not have money. Vice Mayor Lucas stated being prepared is better than being unprepared; Councilmember Camicia's suggestion to relocate to a shopping center may make sense, but Council might be giving up the idea of a Civic Center which ties in with the Business District; and Alamedans love the Carnegie. Vice Mayor Lucas moved to direct the Library Board, without expending any funds, to consider rehabbing and expanding the Carnegie Building. Councilmember Camicia seconded the motion whch carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas and President Withrow - 3. Noes: Councilmember Roth - 1. Absent: Councilman Arnerich - 1. ORAL COMMUNICATIONS 92-707 John Scott Graham, Alameda, stated Laney College needs up- to-date electrical equipment for class instruction, and suggested local businesses donate surplus electrical equipment up to five years old to the Peralta College District. NEW BUSINESS AND UNFINISHED BUSINESS 92-708 Consideration of nomination of appointment to Civil Service Board. Mayor Withrow nominated James D. DuPont for appointment as Member of the Civil Service Board. 92-709 Consideration of nominations of two (re)appointments to the Golf Commission. Mayor Withrow nominated Cal A. Santare and R.E. Stone for reappointment as Members of the Golf Commission. 92-710 Announcement by Mayor Withrow of Councilmember Richard Roth's appointment as Alternate Representative to the Alameda October 6, 1992 County Airport Land Use Commission. President Withrow congratulated Councilmember Roth, and thanked Councilmember Camicia for his efforts as alternate. ADJOURNMENT President Withrow adjourned the meeting at 10:32 p.m. Respectfully sub itted, (/ DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. October 6, 1992