1991-11-19 Regular CC Minutesr
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA,
NOVEMBER 19, 1991
The meeting convened at 7:40 p.m. with President Withrow presiding.
The Pledge of Allegiance was led by Councilman Arnerich, 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
President Withrow announced that at the Special Council Meeting held
at 6:30 p.m., Council adjourned to Closed Session to consider:
91-791 Labor Relations, pursuant to Subsection (a) of Section 54956.9
of the Brown Act: President Withrow stated no action was taken; the
item was presented to Council for information.
91-792 Workers' Compensation Claim of Johnny J. Laramie, pursuant to
Subsection (a) of the legal counsel section of the Brown Act:
President Withrow stated no action was taken; the item was presented
to Council for information.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY.
91-793 Presentation of Awards to the Winners of the Alameda Recycles
Poster and Slogan Contest.
Mayor Withrow recognized the presence
Recycling Poster and Slogan Contest;
Alameda schools submitted entries,
Recycling Committee were judges for the
and profound; and he, the Council, and
of the winners of the Alameda
stated over 700 students in
the Solid Waste Management
contest, entries were artistic
the City are proud of them.
Mr. Dave MacDonald, Executive Vice President, Oakland Scavenger
Company, contractor for Alameda's recycling program, addressed
Council; thanked Mayor and Council for support of program, the
Committee, schools, parents and other participants; described the
curbside recycling program; and assisted with the presentation.
Mayor Withrow presented awards to the First Place Winners: Elementary
Level - Thia Wamsley, fourth grader, Haight School; Middle School
level - Kelly Hogan, sixth grader, Chipman School; and High School
level: Jim Pan, tenth grader, St. Joseph's Notre Dame School; and
the Grand Prize Winner, whose slogan fox the reason Alameda should
recycle was "It's your World; It's your Future:" Joseph Leo, eighth
grader, St. Joseph's Grammar School.
91-794 Proclamation Declaring the Week of November 25, 1991, as
"Alameda Thanksgiving Week - Helping the Homeless Help Themselves."
November 19, 1991
64
Mayor Withrow read the proclamation that addresses the homeless and
the organizations assisting them, and presented copies of the
proclamation to Virginia Krutilek, Chair, Homeless Network; a
representative of the United Pilipinos of Alameda; Chester McCall,
Midway Shelter; and Jim Franz, Mayor's Thanksgiving Committee.
CONSENT CALENDAR
At the request of Councilman Arnerich (91-803) report from Chair,
Cable Television Oversight Committee, and at the request of
Councilmembers Camicia and Roth, (91-804) report regarding symposium
in San Diego were removed from the Consent Calendar for discussion.
Councilmember Lucas moved adoption of the Consent Calendar except for
the items noted in the preceding paragraph. Councilmember Roth
seconded the motion which was carried by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*91-795 Minutes of the Regular Council Meeting of
and the Special Council Meeting of November 4, 1991
*91-796 Report from Finance Director submitting
period ending October 31, 1991. Accepted.
*91-797 Report from Public Works Director recommending participation
in Lighted Boat Parade. Accepted.
*91-798 Resolution Nc. 12172 "Guaranteeing Matching Funds for Bike
Lane Account Projects." Adopted.
*91-799 Resolution No. 12173 "Recommending that the Association of
Bay Area Governments Establish a New Organization Representing Local
Elected Officials to Review and Make Recommendations on Regional
Governance Proposals." Adopted.
*91-800 Ordinance No. 2569, N.S. "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."
Adopted.
*91-801 Ordinance No. 2570, N.S. "Amending the Alameda Municipal
Code by adding Chapter 4 to Title XIII thereof establishing
Procedures, Regulations and Fees for Filming Activities." Adopted.
*91-802 Bills, certified by the City Manager to be true and correct,
were ratified in the sum of $1,487,301.99.
91-803 Report from Chair, Cable Television Oversight Committee,
recommending adoption of Customer Service Standards.
Councilman Arnerich discussed with Elaine Tercell, Customer Service
Manager, United Artists, redress citizens are entitled to when United
Artists fails to keep appointments, weekend service calls and reply to
customer calls.
November 5, 1991
. Approved.
Investment Report
November 19, 1991
Councilmember Camicia moved acceptance and commended United Artists on
the Customer Service Standards. Councilmember Roth seconded the
motion which was carried by unanimous voice vote - 5.
* * * *
Mayor Withrow requested reconsideration of the Consent Calendar motion
to not include (91-805) report requesting a hearing date for Appeal,
(Butcher), as a citizen would like to speak on that item.
Councilmember Camicia so moved. Councilmember Lucas seconded the
motion which was carried by unanimous voice vote - 5.
* * * *
91-804 Report from City Manager requesting authorization for two
members of the Airport Operations Committee and the City Manager, or
his designee, to atterd the Airport Noise and Land Use Compatibility
Symposium, February 24/25, 1992 in San Diego.
Jon Rodgers, Alameda, Director, Coalition for Responsible Airport
Management and Policy, stated Council is establishing dangerous
precedent; to have citizens on a committee represent the City in a
matter this sensitive is inappropriate; if Council wants to send some
officials that would be fine.
Councilmember Roth stated he asked for the matter to be pulled because
he read in the newspaper that Councilmember Camicia does not want to
send all three representatives; he agrees and Council should only
send one; and moved Council send one person from staff.
Councilmember Camicia seconded the motion.
Councilman Arnerich stated the City Manager should not be away for two
or three days because his time is too valuable to the City; he would
like, time permitting, for the City Attorney to attend the two-day
conference in February; if something precludes her going, the City
Manager can report bacT„ and he would like that to be in the motion.
Councilmember Roth responded that staff can work that out.
Councilman Arnerich stated he wishes to put the City Attorney's name
in the procedural ore.er as recommended by the Council; if the City
Manager deems it necessary to send himself, or the Assistant City
Manager, those would he other choices; he believes the City Attorney
the most qualified indvidual.
President Withrow stated the maker of the motion does not desire to
amend the motion to incorporate Councilman Arnerich's desires but
Councilman Arnerich may provide an alternate motion.
Councilman Arnerich moved the City Attorney be the person that is
nominated by the City Manager, time permitting, to go to San Diego
Symposium [February 24-25], and if not, the City Manager is to report
back to Council with alternate choices; Councilmember Camicia
seconded the motion which was carried by the following voice vote:
Ayes: Councilmembers 14.rnerich, Camicia, Lucas and President Withrow -
4. Noes: Councilmember Roth - 1. Absent: None.
November 19, 1991
366
91-805 Report from Acting Planning Director recommending Council set a
hearing date for the Appeal of a Planning Board denial of a Variance,
V-91-192, for side yard setbacks, front yard setback and parking
standards to construct two duplexes and a single family home at 1408,
1410, 1412 Ninth Street and 905 Central Avenue. Applicant: Watson
Butcher.
William Huber, Alameda, stated he made a mistake in requesting this
item be pulled as he chose the wrong item number; and apologized.
Councilmember Lucas moved recommendation [to agendize the Appeal for
the December 3, 1991, meeting]. Councilmember Camicia seconded the
motion which was carried by unanimous voice vote - 5.
AGENDA ITEMS
President Withrow requested the Statement by Minority Police Officers
be taken out of order.
91-806 Oral Statement by Minority Police Officers of. the Alameda
Police Department regarding racial slurs incident. (Councilmember
Camicia)
John C. Beery, Alameda, stated the Department gives higher
performance than Police in other cities with whom he has worked; the
best person to handle the matter is the Chief of Police who exposed
the situation and can handle the matter judiciously and
democratically; the officers are owed a fair hearing.
Juan Saavedra, Alameda, stated a letter has been sent Council from the
Alameda Ministerial Association which calls for drastic measures; the
measure he is most interested in seeing in Alameda, includes a citizen
based police review commission modeled after other police review
commissions in the Bay Area.
Julie Houk, Alameda, legal representative, NAACP, inquired if the City
has investigated the background of investigator Mervin Feinstein, and
whether minority people consider him fair and reasonable; and
requested when the investigation begins, NAACP and other community
groups be contacted by Mr. Feinstein to give their input.
Kay Wright, Alameda, stated she received a letter of apology from
Officer Ron Jones; she believes it is time to start healing the
community; the Police Review Commission and the Mayor's Committee
should be formed.
Malcolm Longaker, Alameda, former Councilmember, stated it is time to
get on with the work; expressed pride in Police Department; more
sensitivity training should be given.
Reverend Betty Williams, Alameda, stated she is glad the officers are
present [in the Council Chamber] for support; she has forgiven, but
there is still a problem; minds must be changed; there must be
training and a community committee sensitive to the needs.
November 19, 1991
367
Barbara Borden, Alamda, stated the way to cure community ills is
through education.
Dave Harrison, Police Officer, read letter addressed to City, signed
by black officers, assuring citizens that the remarks do not reflect
an attitude within the Department nor condoned by police
administration.
Arturo Fuentes, Police Officer, stated he was hurt and disappointed by
comments made by officers and sergeant involved in incident; does not
condone incident, they should be punished, but having worked with them
he feels confident saying they are not racist.
Jeffrey Slotman stated he has been an officer ten years, currently
works youth services; does not condone officers' remarks, which do
not reflect attitude of the Department; but the remarks do not
warrant termination.
Sean Lynch, Alameda, stated he has been an officer six years, has
served in military, came to support the Chief, the Department, and
fellow officers; and he believes the Department is one of the finest
examples of law enforcement in the State.
Gary Suts stated he has been an Alameda officer three years, the
Association of officers does not condone racism, and rejects
statements made by the officers, however, the group is also appalled
the way the disciplinary process has been carried out in the public
eye.
James Brock stated he has served with the Department ten years; nom,
of the officers condone statements made nor a racist approach to law
enforcement; as dedicated public servants, the officers strive for
confidence, trust, respect and support of the community they
diligently serve.
John Qualar stated he has been an officer 21 years; he agrees with
officers speaking prior to him; commented newspaper items meant to
inflame.
Charles Mannix, Captain, President, Police Managers Association,
stated he has served Alameda almost thirty years; as command officer,
he apologized to minority community and community at large for conduct
of the officers, which is worthy of censure; noted the Department
investigated, recommended action, and did not hide the matter, must
strive to regain credibility, are committtA to the challenge, requests
the community join in constructively working together; healing starts
with correcting wrong Lnd strengthening the good.
Alieu Disconderi stated, as a black man, he supports the police, is
present to promote healing; dismissing officers creates problem by
pushing it into perpetuity; expressed appreciation to Chief for
bringing matter up as otherwise no one wod know about it.
Richard Young, former Alameda Police Chief, stated facts are not in
dispute, have brought discredit and lack of public confidence; the
incident occurred some time ago and the officers have gone about their
November 19, 1991
duties; any of the officers would make supreme sacrifice to protect
citizens regardless of color; explained considerations necessary,
both technical and legal, in administering proper discipline; urged
present detractors to direct energies toward positive goals.
Alaya Wright, Alameda, expressed her distress at the officers'
statements; stated she is not distressed at officers who have come to
support Department; if someone is to be charged, the charge should
not be on the race but the incident.
Jeanette Ramsey, Alameda, stated every organization has problem
people, including the Police Department, and the Department should
either educate, or get rid of them; and requested an investigation
into her case concerning DUI and she would like someone [from Police
Department] to address her concerns.
Dr. Leon Lang, Alameda, stated he has no problem with an
investigation, however it will cost money and the problem is already
known; all City personnel should be made to understand no racial
intolerance will be allowed; [everyone] should put the present behind
and get on with the future.
Monetha Hatcher, Alameda, commented on an incident when tenants living
above her, were dealing drugs and she was suspected; noted her house
has been searched when someone complained a pistol was fired in her
apartment whereas the noise was backfiring outside; noted items were
stolen from her beauty shop and believes things were not properly
checked out [by police]; believes she has not been given appropriate
credence; and something needs to be done.
President Withrow requested the City Manager check into the matter.
Kris Johnson, Alameda, stated when a policeman does the wrong thing,
it make major headlines; commented on Ron Jones's work with youth in
the community; a team (including minorities) he coaches feels an
injustice has been dcne in the media; requested people look at the
good as well as the bad, and not fire officers and ruin long-term
commitments.
Muhammed Ali, stated racism is serious problem; citizens should
respect police, but police must respect citizens; people must work
together to make Alameda a better place to live but must attack
problem where it exists.
Lawrence Van Hook, Alameda, stated reality must be considered; thern
must be some healing, and some way to hear a black man for what he is,
and how he communicates; the fifth officer must come forward and if
he does, we could forgive.
Clayton Guyton, Alameda, stated he supports the Police Department but
not in the present state; the investigation, and discipline, of
officers who degrade anyone in the community regardless of skin color,
must continue; the healing process must start.
Rod Murray, Alameda Interfaith Outreach Council, stated he hopes
everyone on both sides has patience to work on a plan that eventually
November 19, 1991
will be suitable for the City, and bring the City together.
Roy Mita, Alameda, stated he is angry and ashamed; if City leadership
were in a position to move swiftly, efficiently, no one would be
present; he is not anti-police; a Police Review Commission is
needed; and he would like to know the scope of the Mayor's Committee
that is being formed.
Bob Mandell, Alameda, stated he supports the City Manager's position
to suspend and initiate firing procedures, the steps that have been
taken are appropriate, he supports them; and hopes the incident, with
the aid of a civilian review board, can be put behind us.
Carol Medina, Alameda, stated she does not minimize the statements
made; but it is time to set a precedent for other communities, stop
perpetuating the problem and get on with the healing.
William Miller, Alameda, stated the police enforce the laws, there are
civil rights acts that can be acted upon.
Mosetta Rose London, Alameda, stated the whole Department should not
be blamed for actions of some; she wants peace and healing, the bad
should become an example for good; should help each other and come to
positive solution.
President Withrow stated his confidence in Department, took exception
to Alameda Ministerial Association letter containing damaging
statements without foundation; over the last few weeks,
Councilmembers have been threatened, and attempts made to intimidate
but Council will give due process under law just as for any other
citizen; no encroachment of anyone's civil rights nor demeaning of
individuals or groups by City employees will be tolerated.
Councilmember Roth stated people look to Council to make a decision
that the City Charter prevents; for Council to influence City Manager
or Chief of Police would be breaking the law; Council sets policy;
he has confidence in the Department and the City, and that it will be
made a better City.
Councilmember Lucas stated the five officers made repugnant
statements, regret the statements, realize a wrong was committed; the
statements do not amount to a crime or violation of civil rights, and
that is why Council could not get any governmental agency to step in
and investigate; appreciates people calling for healing process;
hopes Mayor's Committee gets started; and that by working together
the situation can be improved.
Councilmember Camicia stated he does not support a police commission
as it would be detrimental to the hearing process; believes the City
should consider an ombudsman and community liaison officers,
accelerate the hiring process of minorities and women in the Police
Department; wants review of Civil Service Rules to determine whether
they can be suspended to allow anyone on the eligibility list to be
hired; and requested staff agendize suggestions for Council's
consideration.
November 19, 1991
Councilman Arnerich stated the officers have expressed their regrets;
stated solution can be examined, e.g., hiring of more black and other
minority officers; developing mutual respect; [nothing] can be
accomplished by firing an officer of 20-years service.
President Withrow entertained a motion to accept the correspondence.
Councilmember Lucas so moved. Councilmember Roth seconded the motion
which carried by unanimous voice vote - 5.
91-807 Hearing to determine whether the structure located at 2520
Santa Clara Avenue should be determined a Public Nuisance, and
Resolution "Declaring the Property Located at 2520 Santa Clara Avenue
as a Public Nuisance."
President Withrow announced the Hearing has been continued to the
December 3, 1991, Council Meeting.
91-808 Report from the City Manager on the status of the Police
Department Investigation. (Mayor Withrow)
Bonnie Moore, Alameda, commented on verbiage used by Mervin Feinstein
[Attorney, investigator, former Deputy Chief of Police, Riverside]
demeaning women, according to the Times-Star; would like that checked
out; she is not supportive of investigation, would like money spent
on training.
Maxine Jackson, President, Alameda Branch of NAACP, stated Alameda
citizens brought problem to NAACP; requested investigation be made
public; NAACP would like to be notified when investigation begins and
ends, requested Mayor call her personally for discussion.
Roy Mita, Alameda, stated he believes independent investigation should
be done, findings should be disclosed and any recommendations be
carried out.
Mosetta London, Alameda stated she wants everyone to get to bottom of
the matter, and he who is without sin, let him cast the first stone.
Juan Saavedra, Alameda, believes investigation should be done,
community needs Police Review Commission so people can air grievances;
the Alameda Ministerial's Association letter was done with much
thought; and he would like to see healing process take place.
Councilmember Lucas stated she voted against investigation by a public
body, has less confidence in proposed investigation; that [police
officers'] statements do not amount to crime, has been certified by
fact that public agencies would not step in; problem must not
reoccur; City's limited funds should be used to recruit minority
officers, and to train; shares Bonny Moore's concerns, would not want
Mr. Feinstein as investigator.
* * * * *
Councilmember Roth moved to extend the meeting past 11:00 p.m.
Councilman Arnerich seconded the motion which was carried by unanimous
voice vote - 5.
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371
Councilman Arnerich stated he knows nothing about Mr. Feinstein; the
solving of our own problems is progressing; minorities should be
recruited; the Justice Department, FBI, and. Sheriff's Department
stated they are satisfied [no crime has been committed]; various
members of black community he talked to, believe we are on the right
road; therefore he will not support hiring any private investigator.
Councilmember Camicia stated the City is in the first stage of
accreditation; he will not support a private investigator, [staff]
should check with officials involved in accreditation and see if they
will move to the second stage in a timely manner.
At President Withrow's request, the City Manager explained the
approach that would be taken under the accreditation.
President Withrow questioned the Councilmembers who do not support the
investigation, how the matter can be assessed, and the solution.
Councilman Arnerich stated great strides have been made already; the
employees must be educated that discrimination/harassment will not br
tolerated; and the process has already begun.
Councilmember Roth commented the incident occurred over a year ago;
some programs were instituted in January; so progress has been made.
President Withrow stated he does not believe a real problem will be
found but the community needs to know there is not a problem; that is
why Council called for investigation; State and Federal agencies
turning down review, corroborates the fact a crime was not committed,
nor encroachment of civil rights.
Councilmember Camicia stated it is not clear the accreditation process
can be changed to fir the matter; that should be looked at before
looking at a private party.
Councilmember Roth agreed.
Councilmember Lucas stated she has a lot of confidence in the Mayor
citizens' committee.
President Withrow stated the citizens committee is not a body,
professional in nature, to make the investigation; they can do other
things, e.g., work with sensitivity issues.
President Withrow stated he will be requesting the committee to ride
in a squad car one night per week for 10 weeks.
Councilmember Lucas stated she is not convinced an outsider can help
the community as much as citizens who live here.
President Withrow stated if something definitive can be obtained from
the accreditation process along the line of determining racial
awareness, sensitivity, or the lack thereof, that may be the answer.
Council discussed the manner of investigation that could be made,
November 19,, 1991
312
possible costs involved, and the benefit of the community working
together with Council.
Councilmember Camicia moved staff investigate whether the
accreditation process can move into Phase 2 in a timely manner.
Councilmember Roth seconded the motion.
Councilmember Camicia clarified Phase 2 is the phase when a number of
investigators come in and scrutinize and evaluate the Department.
The motion carried by unanimous voice vote - 5.
91-809 Written Communication from Diane Coler-Dark, Alameda,
requesting the City consider re-examining current subdivision codes.
Diane Coler-Dark, Alameda, submitted photographs for Council's review;
stated homes built between 1905 and 1920 cannot conform to subdivision
codes; noted inconsistencies; the status of the houses is the
question, whether they are individual ownership or to remain as
rentals; and the question is: does the change of status conform to
community standards and with General Plan in maintaining older
single-family homes.
Councilmember Lucas discussed affect on moderate home ownership;
maintenance of old housing stock, with Ms. Coler-Dark.
William Huber, Alameda, stated he is an owner of properties
pictures reviewed by Council; described units; noted they are of the
character of the neighborhood; before purchasing lots, was verbally
informed lots could be subdivided; since purchase, right to subdivide
has been denied; forcing existing houses to conform to same standards
as new construction is punitive; noted advantages to subdividing,
e.g. better upkeep, moderate housing, increased revenue.
Councilmember Roth stated problems exist from the way Alameda was
built up years ago; that has not been addressed properly; other
solutions may be found. e.g., condominiums, cooperatives; and he
would support referring the matter to the Planning Board.
Councilman Arnerich discussed with the Acting Planning Director, the
comment in her report [dated 11/7/91] that establishing a clear policy
to guide future proposals would be adviseable; and inquired if Acting
Planning Director concurs with Ms. Coler-Dark and Mr. Huber in their
assessments.
The Acting Planning Director replied she recommends the matter be
referred to Planning Board; arguments for both sides [of the issue]
exist; records of Planning Board actions have been inconsistent; and
notes staff recommendation is for the Department to present report and
recommendation to Planning Board.
Councilman Arnerich stated he would like Ms. Coler-Dark and Mr.
Huber to provide input regarding the inconsistencies, even before the
matter goes back to the Planning Board, and so moved.
Councilmember Lucas st?ted a way to increase housing opportunities for
November 19, 1991
73
low- and moderate- income families is by infill; her concern is that
Planning Board should be aware of commitments City has made to provide
additional housing opportunities.
Elaine Reed, Alameda, commented on her experience with an attempt to
subdivide and use for infill; and the Planning Board stated the.
property was too small, however, it is not inconsistent with the
neighborhood; and would like to see a policy developed.
Councilman Arnerich moved recommendation in Planning Director's
report; and that Ms. Coler-Dark be provided an opportunity to share
her concerns with the Planning Department and Planning Board.
Councilmember Lucas seconded the motion which was carried by unanimous
voice vote - 5.
91-810 Written Communication from Herbert W. von Colditz, Alameda,
concerning wood shake roofs and training of volunteer auxiliary for
disasters.
Mr. von Colditz, stated he is interested in curtailing possible
future fire losses in Alameda by promoting fire-safe community and
insuring prompt suppression of fires; expressed concern regarding
wood-shake roofs; explained in detail his plan for volunteer fire
auxiliary, trained perFonnel, use of Bay water, low cost involved.
Don Roberts stated two years ago, he recommended Alameda go to Class A
rating for replacement roofs; he requested Council have Fire Chief
revisit matter to increase resistance of fire in Alameda.
Councilmember Lucas stated Fire Chief has submitted report stating he
is looking at current legislation, following the process, and will
submit updated fire resistive roof ordinance to Council in near
future; and inquired how soon that would be.
The Fire Chief stated in 40 to 60 days, because new information is
coming forward from e.g., the roofing industry, State Legislature.
Councilmember Camicia moved recommendation. Councilman Arnerich
seconded the motion which was carried by unanimous voice vote - 5.
Councilmember Lucas noted that the Fire Department is working on a
volunteer auxiliary.
91-811 Hearing to consider amending the Alameda Municipal Code,
relating to Design Review; and Introduction of Ordinance "Amending
Title XI (Zoning), Chapter 2, Article 3, Sections 11-231, 11-231.1 and
11-231.2 of the Alameda Municipal Code Relating to Design Review."
Applicant: City of Alemeda.
Don Patterson, Alameda, implored Council address the entire Department
of Planning rather tran address, as reported, 33 percent reduction,
and design review applications; suggested, this matter be continued to
a future date to look at the big picture, and address the total plan,
rather than a piecemeal approach.
Councilmember Camicia stated Mr. Patterson is right that a broader
November 19, 1991
314
look should be taken.
Councilmember Roth stated the City did not want a Design Review Board
nor residential units covered; later it came back in piecemeal and he
would like it removed piecemeal; expressed concern about Historical
Building Study List; things should be moved to a permanent list; and
he would like the study list removed as being a requirement.
Councilmember Lucas discussed Section 11-231.1 Exemptions, with the
Acting Planning Director; who stated the criteria of the type of
improvement instead of the cost, is being used, because a lot of
damage can be done on a historic building using very little money.
Councilmember Roth moved adoption of recommendation and deletion of
Historical Building Study List.
Following brief discussion regarding procedures, Councilmember Roth
repeated motion is to adopt recommendation with exception: deleting
the words Historical Building Study List in the ordinance. The motion
was carried by the following voice vote: Councilmembers Arnerich,
Camicia, Roth and President Withrow - 4. Noes: Councilmember Lucas -
1.
91-812 Hearing to consider a zoning reclassification to change the
zoning of four parcels classified as C-2 (Central Business) District
to R-4 (Neighborhood Residential) District, 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, 1615 and 1617 Everett Street." Applicant:
Lawrence Landon.
Councilmember Camicia moved introduction of the ordinance.
Councilmember Lucas seconded the motion which was carried by unanimous
voice vote - 5.
91-813 Ordinance No. N.S. "Amending Title II, Chapter 4,
Article 2, Sections 2-4210 and 2-4211 of the Alameda Municipal Code
pertaining to Departmental Organization of the Library Department and
Public Utilities Department." (Continued from October 1, 1991, Council
Meeting)
Don Roberts, Alameda, stated he believes there were good reasons the
Bureau of Electricity was separated from the City, and clearly,
another attorney might come up with a different opinion of the
Charter; believes it best to keep the present structure with the
Bureau under PUB control; the Library has worked well, and he sees no
reason to change that sither.
William McCall, Alameda, stated the City Attorney obtained an opinion
from Mr. Logan; not everyone agrees with opinion but must live with
it; the City Attorney gave three options in her memorandum dated
November 6th, and he prefers Option No. 3 [to direct the City
Attorney to explore possibility of conferring on the Bureau and/or
Library, the power to continue to appoint the General Manager and/or
Library Director under Charter Section 3-2]; the Bureau is 104 years
old, the PUB believes the third option is the best way to go and he
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375
hopes Council will give full consideration and not introduce the
ordinance tonight, because the Board is very sincere; and Council
always has the right to remove the Board Members.
In answer to Councilmember Roth's query, Mr. McCall reviewed the
events leading up to the action Council is considering, during which
time, the City Attorney obtained the legal opinion (Charter
interpretation] of Mr. Logan regarding the matter.
Theony Condos, President, Library Board, stated she agrees with Mr.
McCall and urged Council direct the City Attorney to explore the
options, particularly the third option; the Library Board requests
Council consider the unique role of public libraries in general and
the history of Alameda Free Library in particular; reasons for the
request are: Alameda's City Charter has always recognized the
uniqueness of the Library system by assigning responsibility for its
management, including authority to appoint the Library Director
through the Board; since formation, the Board has appointed the
Director; Charter intent is clear; the language of the Municipal
Code is explicit on this point, and the practice of the past century
establishes a precedent.
Gertrude Woods, Alameda, stated the Library Board of Trustees has
worked as a dedicated group to set policy, prepare budget, as well as
to serve as advocacy group for the public library system; the
memorandum from the City Attorney offered the suggestion that City
ordinance could be shad to comply with custom, and she urged Counci:
give value to a process that has been functioning for close to 10C
years; the City ordinance should be in harmony with tradition and
urged Council not to change the powers of the Library Board.
Councilman Arnerich stated the Library Director is currently reporting
to the Assistant City Manager; the Library Board serves no
differently than the Recreation Director who is appointed by the City
Manager; what bothers him is that the Los Angeles Police Chief was
appointed by the Police Commission, and could not be required by the
Mayor, City Council, nor Board of Supervisors to step down; if
something drastic happened, Council cannot fire e.g., the General
Manager of the Bureau; why would the two Boards want to remain
autonomous and not operate as other Boards.
Gertrude Woods replifsd the Library Board does a budget, signs
warrants, sets policy; is a different type of group than other Boards
and Commissions; it is a Board of Trustees; and is both
administrative and advisory.
The City Attorney, an reply to Councilman Arnerich, noted the,
Council's responsibilities are anything not expressed in the Charter,
and read Article XVI of the Charter, noting the Board's
responsibilities to e.(j., control and manage.
Councilman Arnerich stated he does not sce the Council as having much
control over hiring or firing of Bureau or Library Managers.
Mr. McCall stated Chalcter Article XII confers power to control public
utilities to the Board; but City Manager expresses himself to the
November 19, 1991
376
Board, and Council has power to remove the Board and the Board is
aware of that; and noted the Board is also responsible to the
ratepayers.
Councilmember Camicia stated if this ordinance is passed, the net
difference in how the Boards will operate is minimal; the only
[change] he can think of is that it does not make much sense to have
the City Manager as a Board Member so Council should request a Charter
change to take him off [the Board]; the Boards will hardly change,
and will be consistent with the other Boards.
President Withrow agreed, he sees no change.
Councilmember Camicia moved the recommendation to introduce thc
ordinance.
Councilmember Roth noted that the ordinance states the City Manager
appoints with the advice of the PUB and the Library Board, so Board
input remains, and he cannot believe the City Manager not going along
with what they want.
The motion carried by unanimous voice vote - 5.
NEW BUSINESS AND UNFINISHED BUSINESS
91-814 Councilmember Camicia stated a Charter Amendment taking the
City Manager off PUB should be addressed.
ADJOURNMENT
91-815 At the request of Councilmember Camicia, President Withrow
adjourned the Council Meeting in memory of Robert O'Maley who had
served on the Golf Commission and the Recreation Commission.
Res ectfully submitted
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
November 19, 1991