1991-11-05 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
NOVEMBER 5, 1991
The meeting convened at 7:30 p.m. 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.
[Councilmember Camicia took his seat on the
dais at 8:35 p.m.]
ANNOUNCEMENT OF CLOSED SESSION ACTION(S)
President Withrow announced that Council adjourned to Closed Session
prior to the regular meeting to consider:
91-751 Wilkes v. City of Alameda pursuant to Subsection (a) of the
legal counsel sectior of the Brown Act: Mayor Withrow announced no
action was taken.
91-752 Segura v. City of Alameda pursuant to Subsection (a) of the
legal counsel section of the Brown Act: Mayor Withrow announced no
action was taken.
91-753 [NOTE: Work:rs' Compensation Claim of Johnny J. Laramie,
pursuant to Subsection (a) of the legal counsel section of the Brown
Act: This item was 1-.1d over to Novembem 19, 1991 Closed Session.]
At the request of Mayor Withrow, the City Manager introduced
Marjorie Maoris, Interim Planning Director.
CONSENT CALENDAR
Councilmember Lucas moved approval of the Consent Calendar.
Councilmember Roth seconded the motion which was carried by
unanimous voice vote - 4.
Items so enacted or a,;topted are indicated by an asterisk.
*91-754 Minutes of the Regular Council .Neeting of October 15, 1991,
and the Special Council Meeting of October 15, 1991. Approved.
*91-755 Report from President, Public Utilities Board, recommending
the City Council approve the Bureau of Electricity's participation
in the Northern CaA.fornia Power Agency Natural Gas Procurement
Program Third Phase Agreement. Accepted.
*91-756 Report from Chair, Cable Television Oversight Committee,
submitting proposal to reconstitute the Cable Television Oversight
November 5, 1991
33
Committee and its focus. Accepted.
*91-757 Report from Public Works Director recommending adoption of
plans and specifications and calling for bids for the construction
of Municipal Parking Lot "D" (Northwest Corner of Webster Street and
Taylor Avenue), No. P.W. 10-91-11. Accepted.
*91-758 Report from Public Works Director recommending adoption of
plans and specifications and calling for bids for the Main Street
Bike Path, No. P.W. 12-90-18. Accepted.
*91-759 Report from Public Works Director recommending an 18-month
extension of time in which to complete the improvements for Tract
5603 (Otis Drive and Willow Street). Accepted.
*91-760 Report from Public Works Director on Sidewalk Encroachment
Permit Procedures. Accepted.
*91-761 Report from Public Works Director recommending acceptance of
work by Champion Motor Coach, Inc. for procurement of Alameda-BART
Shuttle Vehicles (CIP-89-13). Accepted.
*91-762 Report from Community Development Director recommending
execution of amended agreement with Alameda County for the
California Housing Rehabilitation Program for Owner-Occupied Housing
(CHRP-O). Accepted.
*91-763 Resolution No. 12168. "Appointing the persons nominated as
Trustees of Bay Farm Island Reclamation District No. 2105."
Adopted.
*91-764 Ordinance No. , N.S., "Amending the Alameda Municipal
Code by Adding Chapter 4 to Title XIII thereof establishing
Procedures, Regulations and Fees for Filming Activities."
Introduced.
*91-765 Resolution No. 12169. "Establishing Film Permit Fees."
Adopted.
*91-766 Ordinance No. 2568, N.S., "Amending the Alameda Municipal
Code by Amending Article 1, Section 11-116 to Chapter 1, of Title XI
(Zoning) Relating to the Establishment of Zoning Districts."
(Shoreline Park) Adopted.
*91-767 Bills were ratified in the sum of $1,520,949.89.
AGENDA ITEMS
91-768 Resolution No. "Condemning the conduct of
Representatives of, and Staff to, Metropolitan Transportation
Commission, TRA Airport Consulting and San Francisco International
Airport at the Metropolitan Transportation Commission Meeting held
July 26, 1991." (Airport Operations Committee)
President Withrow announced this item has been withdrawn from the
agenda.
November 5, 1991
91-769 Oral report from Fire Chief, Police Chief, and General
Manager, Bureau of Electricity, regarding Alameda's mutual aid
response to the Oakland Fire. (Councilman Arnerich)
The Fire Chief described the Alameda Fire Department's participation
in the Berkeley/Oakland Hills Firestorm; noting the equipment,
including an ambulance, that were dispatched, and the activity of
the firefighters, who worked diligently to overcome difficult water
problems, saving many homes; the firefighters present were invited
to stand and were applauded by the audience.
President Withrow expressed the Council's and City's pride for their
action.
Assistant Fire Chief Pogue gave an overview of the operations
conducted; noted 370 fire engines from all over the State
responded; further described mutual aid efforts; and thanked
Council for providing appropriate equipment with which to work.
Councilman Arnerich discussed with the Fire Chief the Alameda County
system of mutual aid operations.
President Withrow inquired if regional government, as Bay Vision
20/20 envisions it, would have helped in this particular
firefighting effort; and whether or not there has been formal
dialogue in Bay Area fire groups regarding regional government.
The Fire Chief stated he believes regional government would have
helped, but other planning steps could have accomplished the same
goal; regional government has been discussed but no clear direction
has been given to fire administrations by their legislative
governing bodies.
President Withrow inquired if the Fire Chief could initiate
development of what the advantages would be for a regional
government that would have a contingency role in the event of a
catastrophe like the firestorm.
The Fire Chief replied County Fire Chiefs are meeting November 20th
to address that issue at a seminar; it appears some form of
regional consolidation, that would eliminate jurisdiction for fire
response, would be in everyone's interest.
Police Chief Shiells reported that the Police Department sent a
number of officers who worked in evacuation, perimeter control and
security of the area against looters; the Department has a good
relationship with the City of Oakland; and described the system of
mutual aid, noting the Sheriff is the mutual aid coordinator.
Councilman Arnerich discussed the procedure of mutual aid
notification with the Chief of Police.
Councilmember Lucas confirmed with the Chief of Police that regional
cooperation is already in effect; and the Chief noted the
cooperation started during the 1960s and is very effective.
November 5, 1991
Councilman Arnerich discussed, with the Chief of Police, how the
costs of mutual aid are handled.
The General Manager, Bureau of Electricity, described the Bureau's
participation during the firestorm; power provided to Pacific Gas &
Electric because of six transmission lines lost; the provision of
Bureau personnel who operated, recorded, and maintained efficient
operation of combustion turbines for about 17 hours.
Councilman Arnerich stated a cohesive effort must be made by Alameda
and other agencies, to continue to work together and improve the
mutual aid efforts.
President Withrow stated Council is extremely proud of each and
every individual who represented the City in all capacities, in
assisting regional neighbors.
91-770 Written Communication from Vice Mayor Castillo, City of
Sunnyvale, proposing a forum to represent local government on
regional issues.
Councilmember Lucas stated a valid concern has been raised; cities
the size of Alameda may not have any representation if some of the
plans proceed; a totally elective government is not planned; she
would like [staff] to prepare a resolution for the next Council
Meeting [November 19, 1991], concerning fair representation in
regional governments.
President Withrow stated Association of Bay Area Governments (ABAG)
at its meeting, will be making what he considers to be lobbying
efforts to obtain consensus reports within the communities of the
Bay Area to proceed with regional government; Council has expressed
concerns; he finds no reference to leadership, few terms for
accountability how Alameda can retain its value system; reference
is made to governance, and fiscalization of property [taxes to
regional government to disburse as it sees fit].
President Withrow noted a request was made to take control of the 27
transportation agencies and put in place a cohesive operating
system; and the response was that was much too difficult.
Councilmember Lucas stated, in a Bay Vision 20/20 meeting, regarding
the land use plan which would take away the decision-making power of
local communities to decide what they wish, the statement was made
that voters cannot be trusted to make the decision, and it must be
made by civil servants 7 this is a major concern; and an additional
level of government will also require additional taxes.
In response to Councilmember Roth's question, President Withrow
stated the regional government was proposed by Assembly Speaker
Willie Brown.
Councilman Arnerich stated he shares Councilmember Lucas's views
completely.
November-5, 1991
Councilmember Lucas moved acceptance of the communication.
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 4. [Councilmember Camicia absent]
91-771 Hearing to consider Rezoning, R-91-149, to change the zoning
of two parcels classified as C-1 (Neighborhood Business) District to
R-2 (Two Family Residence) District, located at 1609 and 1611 Bay
Street, and Introduction of Ordinance reclassifying and rezoning
certain properties within the City of Alameda by amending Zoning
Ordinance No. 1277 N.S., that property located at 1609 and 1611 Bay
Street. Applicants: Steve and Mary Jackson and Jim Thomson.
The Interim Planning Director explained the background of the
matter.
Councilman Arnerich requested clarification that if the houses
burned down, they could not, under present zoning, be rebuilt.
The Interim Planning Director replied housing is permitted only if a
conditional use permit is obtained fron the Zoning Administrator;
the houses are shown as residential in the General Plan, therefore,
the City should make the change in zoning.
Councilmember Roth stated this is going to be a continuing problem:
Council will need to rezone spots, and questioned if the City could
produce a kind of zoning for which there is no other category, into
which this type of mixed use that would be a conforming use could be
placed and handled without going through a rezoning process.
The City Manager stated there are many properties in the City that
have other designations currently zoned differently than what the
General Plan calls for, and the General Plan should be complied
with; he has discussed the matter with the Interim Planning
Director about proceeding on a four- to five-month process to rezone
en masse, rather than one by one.
Councilmember Roth stated he wants to ensure that those with
residences in a commercial zone who want to utilize Commercial
zoning, and others who want to maintain residential, have their
choice; perhaps there should be a designation to allow them to go
in either direction and not need to rezone.
The City Manager replied perhaps the Interim Planning Director can
determine a way to do that, or she may say that would not comply
with the General Plan.
Councilmember Roth stated the General Plan could be changed.
The Interim Planning Director stated there is money in the budget to
have a consultant come in and revise the zoning ordinance for
consistency with the General Plan; some kind of provisions that
might deal with non-conforming uses, is possible.
Councilmember Lucas stated she would like the City Attorney involved
in the question as property rights may be involved when Council
changes the zoning; she has some concerns when changes are made on
November 5, 1991
340
a large-scale basis.
The Interim Planning Director noted property owners would be noticed
even if the City initiates the rezoning.
Councilmember Lucas moved introduction of the ordinance.
Councilmember Roth seconded the motion.
Jim Thomson, Alameda, stated this current process gives adequate
voice and adequate notice; it is only with the General Plan passage
that lenders are taking notice of the uses of the properties; he
favors the individual application process.
The motion carried by unanimous voice vote - 4. [Councilmember
Camicia absent]
* * * *
Councilmember Camicia arrived at 8:35 p.m.
* * * *
91-772 Report from President, Public Utilities Board, requesting
approval of the Bureau of Electricity Travel Budget for the balance
of Fiscal Year 1992.
Councilman Arnerich stated an exceptional job was done in reducing
the Bureau's travel and expense budget; and questioned the number
of trips being taken in the Assistant General Manager category.
William McCall, Chair, Public Utilities Board, clarified that the
Assistant General Manager category includes four managers, and
described the necessity of interfacing with Power Agencies, e.g.,
Northern California Power Agency, in order to receive power at the
best, reduced rates for Alameda, which is evident in the Bureau's
profits; he also is concerned about travel budgets and he will be
further analyzing what other cities are doing; and the Assistant
General Manager category includes three Assistants to the General
Manager.
Councilman Arnerich complimented the Board on the reduction of the
Bureau travel budget, and commented travel must be watched.
Mr. McCall thanked the Council and the Mayor, with whom he spent
time in the afternoon discussing these matters.
Councilmember Camicia thanked Mr. McCall and the Board, and
commended them for their progress on the budget.
Councilmember Camicia moved acceptance of the report. Councilmember
Lucas seconded the motion which carried by unanimous voice vote - 5.
91-773 Report from President, Social Service Human Relations Board
(SSHRB), regarding Winter Holiday Celebrations; and a Written
Communication from the Alameda Ministerial Association, urging
Council not to sponsor or provide financial support for a Christmas
tree lighting ceremony on public property.
November 5, 1991
341
Matthew Duncan, President, SSHRB, stated he is present to answer
questions on the report.
Councilmember Lucas inquired if the SSHRB determined a particular
site was considered suitable.
Mr. Duncan replied Twin Towers United Methodist Church was
mentioned.
Councilman Arnerich stated if the tree is placed at Twin Towers or
St. Joseph's, some group might object to having the tree at a
church; he has not heard a complaint about the tree; the City
needs unity, love and understanding; about 500 people, including
families with their children, come and see the lighting of the tree
and sing.
Mr. Duncan stated perhaps some persons alienated by it, have not
spoken up; he believes the extent of alienation or offense should
be determined.
Councilman Arnerich stated some people object to paying taxes to put
up the tree; he cannot fathom what changes the tide; seems to be a
small amount of people changing what is the will of the majority;
it [tree lighting] is a very beneficial, community sharing, esprit
de corps type tradition of the holidays.
Mr. Duncan agreed, and added two ways [of addressing the issue]
have been discussed: the incorporation of all religions, and the
removal from connection with any religion; the risk of
incorporating religions is the possibility of leaving someone out.
Councilmember Roth stated today [the concern] is the holiday season
[celebration], and tomorrow, it will be the invocation.
Councilman Arnerich stated no stars, nativity scene or religious
objects are displayed, only a tree and a sign "Seasons Greetings."
Reverend Larold Schulz, Alameda, stated if City government supports
the establishment of one religious festival over another, it
violates the letter and spirit of governing documents of this
country; he would rather resources spent on the tree-lighting go to
the Thanksgiving project for homeless; and requested Alameda not
sponsor the ceremony.
Diane Coler-Dark, Alameda, stated a valid concern has been raised;
the thinking should be about how the event could be refined to
become more sensitive to people's feelings; possibly the
Ministerial Association or SSHRB might work with the Recreation
Department to input; years ago the Chamber of Commerce started
Hometown Holiday; the word Christmas has not been used; if the
tree-lighting event does not take place, businesses will be severely
impacted; moving tree to a church would make the event religious;
sponsoring this traditional event families look forward to, is
fitting for the City.
Councilmember Lucas questioned the possibility of businesses having
November 5, 1991
342
the holiday lighting ceremony elsewhere; Ms. Coler-Dark replied
she cannot answer for businesses, but cannot think of any other
appropriate setting than City Hall steps.
Phyllis Marshall, Alameda, Member, SSHRB, stated some look at the
tree as a happy community event, other religions look at it as
serving the Christian community; there are alternatives to show
City government is not concerned with only one religion.
John Barni, Sr., Alameda, stated he does not disagree with what the
ministers have in mind, but believes a line is being drawn too fine
and he is more in favor of the statement by Councilman Arnerich.
Councilmember Camicia stated he understands the argument but things
should be worked out; he was on the Park Street Business
Association board the first year the Hometown Holiday was held;
store owners provided cookies and cider, people then moved to City
Hall for the tree-lighting; the day was very enjoyable; he would
like to follow Ms. Coler-Dark's suggestion for the Ministerial
Association and SSHRB to work on a solution that does not offend.
Councilmember Roth agreed with Councilmember Camicia and Ms.
Coler-Dark; the Celebration has been good, the City should proceed
as before, make minor modification, make a commitment to find more
information, try to open [the Celebration] to include everybody, and
not offend anyone; the SSHRB could come back in advance of the next
year [holiday season].
Councilmember Lucas stated that is a good compromise; many people
in Alameda enjoy the Holiday celebration, but last year, about forty
people at Temple Israel objected as they felt left out; Council
should make a commitment to address the concern for next year.
Councilmember Roth moved to continue with celebration plans for this
year's holiday season; encouraged sensitivity to the cultural and
ethnic diversity of the community; directed SSHRB to continue
studying the matter. Councilmember Lucas seconded the matter.
President Withrow stated the City Clerk has the charge to obtain
volunteers for invocations; and requested invocation invitations be
extended to all religious sects.
Councilmember Roth stated he will amend the motion [to inc].ude] that
SSHRB address other culturally and ethnically sensitive issues also.
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Lucas, Roth and President Withrow - 4.
Noes: Councilman Arnerich - 1. Absent: None.
91-774 Report from City Manager transmitting the City Auditor's
Report (No. 91-4) or Service Efforts and Accomplishments.
Councilmember Lucas moved acceptance. Councilmember Roth seconded
the motion which carried by the following voice vote: Ayes:
Councilmembers Lucas, Roth, President Withrow - 3. Noes: None.
Absent [from the dais]: Councilmembers Arnerich and Camicia - 2.
November 5, 1991
343
91-775 Report from Finance Director transmitting City Auditor's
Measure B Funds Compliance Report (Report No. 90-1).
Councilmember Lucas agreed and moved acceptance. Councilmember Roth
seconded the motion which carried by the following voice vote:
Ayes: Councilmembers Lucas, Roth, President Withrow - 3. Noes:
None. Absent [from the dais]: Councilmembers Arnerich and Camicia
2.
[Councilmember
91-776 Report
Process.
* * * *
Camicia returned to the dais.]
* * * *
from Finance Director regarding 1992-97 Budget
President Withrow commended the City Manager and Finance Director
for outstanding comprehensive process developed for the years
1992-97.
Councilmember Roth stated he likes a five-year projection and the
report is excellent.
Councilmember Lucas agreed and moved acceptance. Councilmember Roth
seconded the motion which was carried by the following voice vote:
Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow -
4. Noes: None. Absent [from the dais]: Councilman Arnerich -
1.
91-777 Report from Finance Director transmitting Quarterly Financial
Report for period ending September 30, 1991.
Councilmember Camicia moved the recommendation. Councilmember Roth
seconded the motion which was carried by the following voice vote:
Ayes: Councilmembers Camicia, Lucas, Roth and President Withrow -
4. Noes: None. Absent [from the dais]: Councilman Arnerich - 1.
91-778 Report from Chief of Police on a Police Activities League
[PAL] Program.
President Withrow stated he has worked with the Chief of Police over
the past few months to see if interest existed in developing PAL and
if the Police would be interested; he would like Council to not
only accept the report but move for establishment of PAL in concept;
he would like Council to allow, prior to the budgetary year starting
in July, 1992, members of the community that have exhibited very
significant interest in becoming involved, to learn what PAL can do
so that by July 1, 1992, the program will be in effect.
* * * * *
Councilman Arnerich returned to the dais.
* * * * *
Council discussion followed regarding funding, participants, and
implementation of procram.
Councilman Arnerich inquired if it was the Chief's intention to
start the program in January.
November 5, 1991
344
The Chief of Police stated there are not enough police officers to
commit one to the program immediately; there are administrative
tasks to be done preliminarily; committing an officer by April or
May is probably realistic; a staff person could probably be
provided to the program, and, if necessary, he [the Chief] would be
willing to expend the extra time to get the program started.
Councilman Arnerich noted he liked, in the Chief's staff report, the
observations under "Other Considerations;" believes that working
with Recreation Commission and youth groups is appropriate; and let
Council take care of the funding.
The Chief of Police commented that cooperating and coordinating with
the Recreation and Parks Department and other youth associations in
town has been a chief concern and an important consideration; and
must not be alienated.
Councilmember Camicia inquired, since funding and the number of
staff are issues, is there any way to identify a retiree from the
force who might help the program, and he in turn can train someone.
The Chief stated that could be a possibility, though it is important
to realize that what will make this program successful is the
individual who is interested in the program; if the interest is not
apparent, the program will fail; his chief concern is getting the
right individual.
Councilmember Camicia agreed; stated a retiree could be found who
would be happy to help start the program; he would like the program
to start soon.
Councilmember Roth inquired if the money could come from the
Narcotic Asset Seizure Fund.
The Chief stated he understands asset seizure funds in some cities
support PAL program L; however, the City's are committed to some
capital projects.
President Withrow noted that CALPAL has committed $5000 seed money
for the organizational development of PAL.
Councilman Arnerich moved [acceptance of] the report, Council
consider the fiscal restraints of the City, consider the PAL program
in the upcoming budget cycle; City Manager appropriate the proper
funding; refer the program to the Recreation Commission, Youth
Activities Network and Youth Committee for comments.
President Withrow stated he would like to have a more positive and
direct motion coming from Council.
Councilmember Roth stated he will second the motion if it includes
the program.
Councilman Arnerich stated that was his intent.
November 5, 1991
345
President Withrow stated the Recreation and Park Director has been a
member of the PAL organization group, and would like Mr. Catlett,
or the Recreation Manager, to sit on the Board of Directors; also
the Executive Directo:: of the Boys Club.
The motion was carried by unanimous voice vote - 5.
Councilmember Lucas inquired if Community Development funds could be
used for the program.
The Community Development Director stated she and the Chief have
discussed the matter and the Police Activities League would be
fundable under the public service category, as are childcare
vouchers, homeless programs.
President Withrow stated some cities have received grants, and hopes
the community group being developed, will also actively pursue
grants.
91-779 Resolution No. 12170 "Approving and authorizing execution of
Interconnection Agreement between Northern California Power Agency
and Pacific Gas and Electric Company." Adopted.
Councilman Arnerich moved the recommendation. Councilmember Roth
seconded the motion which was carried by unanimous voice vote - 5.
Councilmember Lucas moved adoption of the resolution. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 5.
91-780 Resolution No. 12171 "Approving a Mortgage Credit
Certificate Program for the City of Alameda and Authorizing
Execution of an Agreement with the County of Alameda to Establish
and Administer Said Program." Adopted.
Councilmember Lucas stated a resident called her attention to the
availability of this program; she understands it is very good and
enables first-time homebuyers to acquire property and get mortgage
tax credits so they can afford a much higher loan than they would
otherwise be able to afford; and inquired about County funding.
The Finance Director stated the proposal is for the County to file
an application in the City's behalf to obtain an allocation of
$7,000,000.
Councilmember Lucas moved approval of the recommendation.
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 5.
Councilmember Lucas moved adoption of the resolution. Councilmember
Camicia seconded tho motion which was carried by unanimous voice
vote - 5.
ORAL COMMUNICATIONS, 'ON-AGENDA
91-781 Jeanette Ramsey, Alameda, request(!d Council grant a waiver of
November 5,1991
a B225.00 Police Department Recovery Fee.
Vice Mayor Lucas requested the matter be agendized for the November
19th Council Meeting.
Ms. Ramsey requested the Police Department to provide the Internal
Affairs report by Sgt. O'Connell on her.
NEW BUSINESS AND UNFINISHED BUSINESS
91-782 Councilmember Roth requested a report on City laws and/or
policies pertaining to panhandling, loitering, etc.
91-783 Vice Mayor Lucas requested a report on how the business
districts are implementing Business Neighborhood Watch Programs.
91-784 Councilman Arnerich stated the property at Webster Street and
Pacific Avenue is in extremely poor condition, and needs to be
cleaned up.
ADJOURNMENT
President Withrow adjcurned the meeting at 10:05 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 24 hours in advance.
November 5, 1991