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1989-05-02 Regular CC Minutes0 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - - - - - MAY 2, 1989 The meeting convened at 7:40 p.m. (at the conclusion of the Closed Session, and the Annual Community Improvement Commission meeting) with President Corica presiding. The Pledge of Allegiance was led by Counciiman Arnerich. Reverend Robert Keller gave the invocation. CLOSED SESSION 89 -307 President Corica announced that Council had met in Closed Session regarding the following, and would return to Closed Session immediately following the adjournment of the regular meeting. a) Pursuant to Government Code Section 54957.6, consider requests of the 1082 Pension Improvement Committee. b) Pursuant to Government Code Section 54956.9 (a), consider the following matters: (1) (2) (3) (4) (5) ROLL CALL - MINUTES Wagner v. Johnson v. Fischl v. Coleman v. Chancy v. Present: Absent: City of Alameda, et al. City of Alameda, et al. City of Alameda, et al. City of Alameda, et al. City of Alameda, et al. Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. None. Councilman Arnerich made a motion to approve the minutes of the Regular *Council Meeting of April 18, 1989. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 89 -308 Presentations by the Mayor Exceptional Performance Awards. of three Mid - Management 1. Ralph Hinsberger [Supervising Librarian] 2. Paul Barneich [Assistant Fire Chief] 3. Cheri Sheets [Transportation Planner] Mayor Corica commended each of the persons above, and presented each with a recognition plaque, and a cash award or dinner certificate.' CONSENT CALENDAR Councilmember Thomas requested Item No. 1 -F (89 -328), Bills, be removed from the Consent Calendar to the Regular Agenda. May 2, 1989 1 Councilmember Camicia moved approval of the Consent Calendar with the exception of item 1 -F. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *89 -309 From Acting Finance Director submitting Investment Portfolio Report as of March 31, 1989. Approved. RESOLUTIONS *89 -310 Resolution No. 11708 "Authorizing open market purchase of Turf Sweeper for the Golf Course." Adopted. *89 -311 Resolution No. 11709 "Awarding contract to Valley Oil Company for fuel purchases for the period starting June 1, 1989 and ending May 31, 1990 and authorizing execution thereof." Adopted. *89 -312 Resolution No. 11710 "Declaring intentions to authorize a City encroachment permit for the West Alameda Business Association's 1989 West End Round -up promotion and authorizing the City's application for Caltrans permits for said event. FINAL PASSAGE OF ORDINANCES *89 -313 Ordinance No. 24311 N.S. "Amending the Alameda Municipal Code, Title X, Chapter 2, Electrical Code, Article 4 (in part) by substituting the following Section in its entirety: Section 10 -248, National Electrical Code." Adopted. WRITTEN COMMUNICATIONS 89 -314 From John Scott Graham, Alameda, regarding Caltrans proposal for a Southern Crossing. Mr. Graham commented regarding his suggestions on how Alameda can approach the issue of a Southern Crossing. Councilman Arnerich made a motion to accept the written communication. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 89 -315 From Chairman, Historical Advisory Commission, recommending designation of the Burbank Heritage Area. Robert DeCelle, Chairman, Historical Advisory Commission, stated the Commission would like to name the Heritage area the Bay Park Heritage Area as that is what the area was called before being changed to Burbank Street. Councilmember Withrow moved the Burbank neighborhood be designated as the third Heritage Area. Councilmember Camicia seconded the May 2, 1989 2 motion which was carried by unanimous voice vote - 5. 89 -316 From Chairman, Historical Advisory Commission, recommending a future use of the Carnegie Library Building. Robert DeCelle, Chairman, Historical Advisory Commission, stated the report, recommending the Carnegie building be retained as a public library in perpetuity, was an action and recommendation of the Commission made in February; and a report in response to Council's request for alternate uses of the building is forthcoming. Councilmember Withrow made a motion to accept the report for the record. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 89 -317 From the Recreation and Parks Director regarding relocation of the Alameda Food Bank. Ken Smith, 3137 Bali Lane, addressed the matter of litter, parking, and efforts toward relocation, etc. Councilmember Thomas suggested additional litter receptacles be placed in the area of the Food Bank. Councilman Arnerich made a motion to accept the report and recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. RESOLUTIONS 89 -318 Resolution No. 11711 "Supporting Assembly Bill No. 1716 relating to schools and the development of gang prevention curriculum." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89 -319 Resolution No. 11712 "Authorizing open market purchase of a 22 unit Mobil Digital Terminal System." Adopted. Councilmember Withrow moved that the proposed open market purchase of the MDT System be approved. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 89 -320 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Section 4 -213 of Article 1, Chapter 2, Title IV thereof to prohibit riding of skateboards on school property." Introduced. Robert DeCelle, Alameda, stated that damage is being done by the skateboarders on school property, and urged Council adopt the change in the ordinance. May 2, 1989 1 Councilmember Camicia moved introduction of the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89 -321 Ordinance No. , N.S. "Amending the Alameda Municipal Code by adding Chapter 4 to Title XIII thereof establishing the Alameda Business Improvement Area." Introduced. Richard Roth, 1533 Webster, urged passage of the Business Improvement Area (BIA). Francie R. Farinet, 2404 Santa Clara, stated she believes it is necessary to implement this assessment on businesses; and the BIA is needed. Bernard Rony, 1431 Park Street, stated Alameda could have an .attractive downtown shopping area; and, stated if Council wants to see the area improved, the only way to move forward is to have the BIA. Betty Bento, 1542 Park Street, stated the majority of persons who signed the petition against the BIA are not against collection of the fund to promote businesses but against the City getting involved. Bob Ford, 2134 Buena Vista, stated he believes the application of the fee structure is inequitable; and requested Council reconsider sending out a survey, and if that is not possible, conduct a benefit analysis. Thomas Byrne, 47 Steuben Bay, stated he and his wife are strong supporters of the BIA; believes cohesive, strong and participatory business association will cause effective business growth. Diane Coler -Dark, 2857 Jackson Street, addressed the matter of the responsible collection of funds, and stated the funds must be collected by the City. Felix Seidler, 2527 Santa Clara, discussed the matter of collection of funds, ultimate direction of the use of funds and stated the BIA addresses parking problems, and frees funds for other municipal purposes. Gerhard Degeman, 19 Sandpiper Place, questioned the financial impact of the BIA on the citizens of Alameda, to which the City Manager replied that setup costs are almost minimal and come from UDAG. President Corica commented on the cost of a Business Improvement Area, issuance of business licenses, and possible lawsuits against the City. The Acting Interim City Attorney responded that if Council enacts the legislation, it would have the same effect as the business license tax and enforceable in the same manner, and therefore there May 2, 1989 would not be appropriate challenge to the authority of the City Council. President Corica stated he still holds the same position as at the previous meeting on the subject; he would feel more comfortable if something could have been mailed to each business, and ballots could have been sent back for counting. Councilmember Withrow moved that an ordinance be adopted to amend the Alameda Municipal Code in all the appropriate areas to establish the Business Improvement Area. Councilmember Camicia seconded the motion. Councilmember Thomas stated she believes a survey is in order; she would be glad to support the BIA if a survey is made which supports the BIA. 'Councilman Arnerich noted revitalization is needed; the merchants need to start doing things for themselves; and he will support the BIA. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, and Withrow - 3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. 89 -322 Ordinance No. , N.S. "Amending Title XVII of the Alameda Municipal Code to establish stop signs for Walnut Street at Clinton Avenue." Introduced. Councilmember Camicia moved introduction of the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89 -323 Ordinance No. N.S "Amending the Alameda Municipal Code by amending Article 1 of Chapter 3, Title XI, thereof relating to vesting tentative maps." Introduced. Councilmember Camicia moved introduction of the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 89 -324 Ordinance No. 2432, N.S. "Amending the Alameda Municipal Code by amending Section 4 -217 of Article 1, Chapter 2, Title IV thereof to include Upper and Lower Washington Park and Crown Memorial State Beach in the ban of alcoholic beverages." (Emergency) Adopted. Councilmember Withrow moved that the ordinance be amended to include Upper and Lower Washington Park and Crown Memorial State Beach in the ban of alcoholic beverages. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. May 2, 1989 NEW BUSINESS 89 -325 Consideration of a nomination for appointment to the Public Utilities Board. President Corica nominated Anthony P. Shomon for appointment to the Public Utilities Board. Councilmember Camicia seconded the nomination which was approved by consensus of Council. 89 -326 Consideration of a nomination for appointment to the Library Board. President Corica nominated Marilyn A. Lewis for appointment to the Library Board. Councilmember Withrow seconded the nomination which was approved by consensus of Council. 89 -327 Consideration of a nomination for appointment to the Housing 'Commission. President Corica nominated Rosalinda Proctor for appointment to the Housing Commission. Councilmember Camicia seconded the nomination which was approved by consensus of Council. BILLS 89 -328 Councilmember Thomas raised questions regarding the method of payment of the Interim City Attorney, suggested there should be a contract and an itemized bill if he is to be paid on an hourly basis. Following further discussion, Council suggested the City Manager meet with the Interim City Attorney and draft a written contract for Mr. Quan's services. Subsequently, the City Council approved the List of Claims, as submitted, certified by the City Manager as correct, in the sum of $1,191,307.38. 89 -329 Councilmember Camicia stated that he would like to further explore•Planning Board Member Templeton's suggestion of a municipal transportation fee which would assess by dwelling unit, per number of cars, to raise funds for shuttle buses and parking. 89 -330 Councilmember Camicia invited the Mayor and Councilmembers to meet Senator Seymour in Sacramento to discuss SB1286 (Contract Housing). ORAL COMMUNICATIONS, GENERAL 89 -331 John Scott Graham stated the City and Harbor Bay should develop a program which will provide job training for former shipyard workers. 89 -332 Gerhard Degeman stated his pleasure with the Agenda /Bulletin Board arrangement in the lobby; expressed concern regarding public speakers' addresses recorded in the Minutes. May 2, 1989 ADJOURNMENT President Corica introduced Zenda James, the new Finance Director. 89-333 President Corica adjourned the meeting at 9:05 p.m. in memory of former Planning Board Member Arthur Whitehair. Respectfully submitted, 6140%Iti DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance in 4accordance with the Brown Act. May 2, 1989