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1990-07-03 Regular CC Minutes203 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - - - - - JULY 3, 1990 The meeting convened at 7:30 p.m. (at the conclusion of the meeting of the Housing Authority Board of Commissioners) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Camicia. Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas, Withrow, and President Corica - 5. Absent: None. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION Mayor Corica announced that, in the Closed Session of the Special Meeting of June 4, 1990, Council took the following action: 90 -448 a) Labor Relations pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Gave Council's decision to negotiator. 90 -449 b) Real Estate Negotiations concerning real property identified as Parcels 74- 433 -9, 74- 432 -14, 74 -434 -1 and 74- 436 -26 of vacant land located on Buena Vista Avenue, west of Webster Street, Alameda, pursuant to Section 54956.8 of the Brown Act: Discussed the status of property but took no action. CONSENT CALENDAR Councilmember Thomas stated she would abstain on ( *90 -455) Bills. Councilman Arnerich requested removal of (90 -475) report recommending acceptance of work on Bayview Shoreline Enhancement Project, and (90 -476) report recommending acceptance of work for construction of Yorkshire Road Sanitary Sewer Pump Station, from the Consent Calendar to the regular agenda. Councilmember Camicia moved approval of the remainder of the Consent Calendar. 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 *90 -450 From Community Development Director regarding Grant Agreement with Alameda County Housing and Community Development for the Fiscal Year 1990 -91 Minor Home Repair Program. Accepted. *90 -451 From Public Works Director recommending authorization to execute a Water Management Agreement with American Lake and Canal for South Shore Lagoon Maintenance for 1990 -91. Accepted. July 3, 1990 204 INTRODUCTION OF ORDINANCES *90 -452 Ordinance No. N.S. at the intersection of Bridgeway Introduced. *90 -453 Ordinance No. , N.S St. Margaret Court at Broadway." "Establishing a traffic signal Road and Packet Landing Road." . "Establishing a stop sign for Introduced. *90 -454 Ordinance No. N.S. "Establishing a yield sign for eastbound right turn vehicles from Encinal Avenue onto Fernside Boulevard." Introduced. BILLS *90 -455 A List of Claims, certified by the City Manager as correct, was ratified in the sum of $3,295,481.21. [Abstentions: Councilmember Thomas - 1] MINUTES Councilmember Withrow moved approval of the Minutes of the Regular Council Meeting of June 19, 1990, and Special Council Meeting of June 12, 1990. Councilman Arnerich seconded the motion which was carried by the following voice vote: Regular Council Meeting of June 19, 1990: Ayes: Councilmembers Arnerich, Camicia, Thomas and Withrow - 4. Noes: None. Absent: None. Abstention: President Corica - 1 [due to absence from the meeting]. Special Council Meeting of June 12, 1990: The motion was carried by unanimous voice vote - 5. Councilmember Thomas moved resolutions of appointments to Boards and Commissions be taken out of order. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90 -456 Resolution No. 11976. "Appointing Wilfred H. Hodgkin as a member of the City Planning Board." Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the oath to the appointee. 90 -457 Resolution No. 11977. "Appointing Benjamin D. member of the City Planning Board." Adopted. Councilmember Thomas moved adoption of the resolution. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Tilos as a The City Clerk administered the oath to the appointee. 90 -458 Resolution No. 11978. "Appointing Ralph J. Appezzato as a July 3, 1990 205 member of the City Planning Board." Adopted. Councilmember Thomas moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the oath to the appointee. 90 -459 Resolution No. 11979. "Appointing Louis C. Steele as a member of the City Civil Service Board." Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the oath to the appointee. 90 -460 Resolution No. 11980. "Appointing Paul H. Breitkopf as a member of the City Historical Advisory Board." Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the oath to the appointee. 90 -461 Resolution No. 11981. "Appointing Deanna D. Johe as a member of the City Housing Commission." Adopted. Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the oath to the appointee. 90 -462 Resolution No. 11982. "Appointing Rosalinda Pantig as a member of the City Housing Commission." Adopted. Councilmember Thomas moved adoption of the resolution. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the oath to the appointee. 90 -463 Resolution No. 11983. "Appointing Charles A. Tillman as a member of the City Housing Commission." Adopted. Councilmember Thomas moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the oath to the appointee. 90 -464 Resolution No. 11984. "Appointing Rose Anne White as a member of the City Library Board." Adopted. July 3, 1990 206 Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. Councilmember Camicia moved the nomination for appointment to Public Utilities Board be taken out of order. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90 -465 Consideration of nomination for appointment to Public Utilities Board. Mayor Corica queried if it is legally acceptable to nominate and appoint at the same meeting, and the City Attorney responded that, although it has been past practice of the City, there is nothing required by the Alameda Municipal Code or the Charter for a two -week hiatus; nomination and appointment may be made during the same evening. Mayor Corica stated the nomination of Edwin G. Dankworth [for appointment to the Public Utilities Board] had been made previously [June 7, 1990, Council Meeting] but there had been a question regarding the length of term, which has since been cleared up. Councilmember Withrow moved approval of the nomination. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 90 -466 Resolution No. 11985. "Appointing Edwin G. Dankworth as a member of the City Public Utilities Board." Adopted. Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. WRITTEN COMMUNICATIONS 90 -467 From Ralph Williams, Chairperson, Board of Directors, Citizen's Emergency Relief Team (CERT), requesting support and endorsement of CERT's and City of Oakland's position to relocate the Cypress Freeway to the Railroad Corridor, and of the principle of community involvement in planning processes impacting lives and safety. John Scott Graham, 1728 Tregloan Court, stated he is in favor of relocation of the Cypress Freeway, and more community involvement. Councilmember Camicia moved acceptance of the [staff] recommendation and Councilman Arnerich seconded the motion. President Corica noted the recommendation is to send a letter to Caltrans expressing Council's position on the matter. The motion was carried by unanimous voice vote - 5. July 3, 1990 207 HEARINGS 90 -468 Consideration of Resolution approving Engineer's Report, confirming Diagram and Assessment, and ordering levy of Assessments, Island City Landscaping and Lighting District 84 -2. President Corica explained the procedure for the hearing. The Public Works Director reviewed the background of the matter. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. Councilmember Camicia moved acceptance of the report, and to take the related resolution out of order. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90 -469 Resolution No. 11986. "Approving Engineer's Report, confirming Diagram and Assessment, and Ordering Levy of Assessments, Island City Landscaping and Lighting District 84 -2.01 Adopted. Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmember Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. APPEALS 90 -470 Rehearing of Appeal of Planning Board decision to approve Negative Declaration (IS- 90 -2); Use Permit, UP -90 -8, to permit the construction of commercial ferry terminal dock facilities in the Open Space; Use Permit, UP -90 -7, to permit the construction of a parking lot associated with the proposed ferry terminal in a R -1 Single - Family Residence District; and Final Development Plan, FDP -90 -1, to permit the development of a ferry terminal facility within the Harbor Bay Isle Development. The site is located at the west end of Mecartney Road on the western shoreline of the Bay Farm Island peninsula. Applicant: Doric Development, Inc. Appellant: Golden Gate Audubon Society. President Corica stated he had been advised that Council should first make a motion to withdraw its [June 19, 1990] approval of Negative Declaration IS -90 -2, Use Permits UP -90 -7, UP -90 -8, and Final Development Plan FDP -90 -1. Councilmember Camicia so moved. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. President Corica explained the procedure of the Appeal. The Acting Planning Director reviewed the background of the matter. July 3, 1990 208 President Corica commented Council received Appeal- related letters before the meeting; some of the letters are very important, one in particular; and questioned whether the letters should be considered by Council. Councilmember Withrow stated Council should request staff to provide a proposed modification to the Appeal process so Council can vote on the process; and for this particular matter, Council should continue in its present policy, and because Council has been receiving letters and comments, it should continue to do so. President Corica stated one letter is from a governmental agency, and has an impact on his thinking. Councilmember Thomas stated the letter referred to [by President Corica] is from the United States Department of the Interior, Fish and Wildlife Service, which recommends concerns be addressed now so that project delays can be avoided later in the planning process, such as at the State and Federal permit approval levels; and her question is: Is a validly approved Negative Declaration required and at the State and Federal levels ?; and an opinion from the City Attorney as to what the delays would be, is needed. The Acting Planning Director stated the U.S. Fish and Wildlife Service (Service) has a review process over U. S. Corp of Engineer Permits and the Service has received a copy of the Negative Declaration; the issues raised have been raised and addressed by the Planning Board, therefore these are not new issues and are a part of the record and discussing them will not add new information. President Corica stated he has no way of knowing if the matters referred to by the Service have been dealt with; Council is concerned about doing things correctly and he would like to have more time on the Appeal. Councilmember Withrow requested the Acting Planning Director to explain the approval process, and asked whether there will be a permit review process irrespective of whether Council upholds or denies the Appeal. The Acting Planning Director stated if Council approves the project, a Corp of Engineer's Permit will be required and reviewed by the Service. Councilmember Withrow stated he believes Council should be reviewing what the Planning Board looked at, on the basis of whether they did a thorough and adequate job on the data review process, and if Council feels confident of that, the Appeal should be denied. Councilman Arnerich stated he would like Council to remain with the policy of not receiving any new evidence; and questioned what would happen if the Appeal is delayed two more weeks and more July 3, 1990 209 information is received. President Corica stated he would like the matter discussed with the Service; Council could check out the three pieces of correspondence; not allow any additional items, and have the rehearing of the Appeal on the agenda for the next meeting. Councilmember Withrow stated he would approve that Council not accept for consideration this evening any documents received subsequent to the delivery of the packet. Councilmember Thomas stated the bottom line is that Council wants a ferry system that will serve the people and not harm the wildlife; if this matter is rushed through, the Service may not be able to issue a permit and may demand a full Environmental Impact Report and that would cause a greater delay than looking at matters carefully at this time. President Corica stated he would like the Appeal put off two weeks, in order to avoid problems. Councilman Arnerich agreed Council must look at everything carefully but cannot agree there has not been enough time spent on this matter as it is approaching 20 months of studies and hearings; but is concerned that only the evidence on hand be admitted, and Council be ready to act at the next meeting. Councilmember Camicia stated the issues in the letter were addressed by the Planning Board and he believes the matter should be heard. Councilman Arnerich moved Council accept the three pieces of information received prior to the meeting, with the stipulation that no others be given to Council during the next two weeks. Councilmember Thomas stated that would preclude Applicant and Appellant from replying. Councilmember Camicia suggested Council move that the three pieces of information received by Council [on July 3] be accepted and other communications over the course of the next two weeks; and he requested a staff report back with a detailed recommendation on how Appeals are to be handled in the future. Councilman Arnerich restated his motion to accept into evidence the three new pieces of information received [July 3rd] and no new information is to be forthcoming. Councilmember Withrow seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. Councilmember Thomas moved the Appeal be tabled for two weeks and that the Appellant, Applicant and City staff get together and see if approval can be assured, and analyse the potential of Fish and Wildlife Service to hold up the planning process. July 3, 1990 20 Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 90 -471 From Community Development Director requesting authorization to allocate Commercial Revitalization Funds for Fiscal Year 1990 -91 as shown in Exhibit A [of Staff Report], and authorization to execute Grant Agreement with the Alameda Main Street Project. Councilman Arnerich moved acceptance of the recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90 -472 From Recreation and Parks Director regarding providing options for consideration of proposed dog run facilities. Matthew J. Dlugozimski, 1365 Versailles Avenue, urged Council to support a dog run in Alameda, although he prefers to have all the parks open between 6:00 and 8:00 a.m. and 9:00 and 11:00 p.m. Dave Plummer, 1401 High Street, stated that, at Lincoln Park, where he runs his dog, he has observed no problems; he believes the Police will find Lincoln Park to be a very clean park; people pick up after their dogs; if there is a question about the risk of a legalized dog run at certain hours at parks, perhaps a testing period of six months or a year could be made; if there is a problem, the matter can be reviewed; if not, then an ordinance can be adopted. Francie Farinet, Sunny Beans Coffee Co., 2404 Santa Clara Avenue, requested a separate park for dogs; suggested Thompson Field as temporary site; noted that a number of Park Street merchants are interested in doing a fund- raising benefit for a dog park; perhaps with support of West End merchants and other citizens, $2800 could be raised, which is the cost, as noted in the staff report, for a temporary site at Thompson Field; she is opposed to separate off -leash hours in public parks as public safety is a concern, particularly for women and older persons; and noted other cities have separate dog parks. Catherine Scarpa, 3210 Sterling Avenue, stated dogs are not only pets but a protection and it is a responsibility to care for the dogs providing not only food and shelter but places to run and exercise; she opposes time limitation, her personal preference would be to have designated areas for dogs, whether that be a particular park or within parks, and perhaps Council could consider certain designated areas at a couple of different parks. David Altschuler, 3015 Bayview, stated both Berkeley and San Francisco have off -leash areas for dogs without any liability or major litter problems; and urged Council's support of an area where dogs can run unleashed. Virginia Falconer, 2012 Cambridge Drive, stated she has small children and is opposed to unleashed dogs in parks; and stated a July 3, 1990 211 separate place should be found where dogs can run and be safe. Ralph Yandell, 1319 Burbank Street, stated he opposes running of unleashed dogs unless there is adequate protection. Councilmember Camicia stated all staff is requesting is direction; he agrees with speakers that suggest a location specifically designated for dogs; and he suggested Council request staff to begin discussions with the School District and East Bay Regional Park District (EBRPD), to find a possible site, and if that fails, then City sites can be explored. Councilman Arnerich stated the leash law is beneficial, noted many local cities do not allow dogs in parks; and areas should be found where dogs can run and not be limited to certain times. Councilman Arnerich moved staff consider the following sites for a dog run facility: Model Air Field location at Mount Trashmore (former landfill off Doolittle Drive], land between lower Washington Park and the East Bay Regional Park, and McKinley Park School District site; facility will be fenced and on a one -year trial basis. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 90 -473 From Public Works Director on a mitigation program to reduce seismic hazards in unreinforced masonry [URM] buildings (SB -547). Jim Thompson, 3231 Calhoun Street, stated he owns a URM building, he sent a letter with 60 signatures which requests Council for time for the State to come up with a Uniform Code for the URM buildings. Scott Brady, 1231 Park Avenue, Chairman, URM Advisory Committee, stated that the State does have its model ordinance in place and is recommending its use over the previous recommendation of Los Angeles' Division 88; the requirements are stricter than Division 88; there is a grandfather clause in the proposed ordinance, that work done in the proposed retrofit [interim], will not be subject to any State -wide ordinance that is passed; the intention of the law is to allow each City to tailor an ordinance to its type of buildings; he believes the proposed ordinance is a good compromise between protecting the safety of the public and recognizing the financial and time constraints owners will be facing; it needs to be done, and the URM Advisory Committee believes Option 2 addresses the matter best; and urged Council proceed with the matter. President Corica commented most persons are concerned work done now may need to be done again according to State requirement; and noted he has been discussing the possibility of State funding with the Assistant City Manager. Councilmember Withrow commented that, at the last Work Session, the staff was asked to provide recommendations concerning financial assistance, whether loans, grants, or equity participation. The Acting City Manager noted the Finance Director has been exploring that subject but has not yet been successful, and he is July 3, 1990 212 proposing looking directly to the State or Federal governments. The Public Works Director noted there were sixty pending Bills concerning URMs, and several included funding. Discussion ensued regarding State Senate and Assembly Bills, e.g., analysis and tracking. The Acting City Manager noted the City has recently gained the capability of computer tracking and can put a track on the Bills that refer to unreinforced masonry. Council discussed the necessity of moving ahead. Councilmember Camicia commented the matter is serious business, even though it is expensive, and people are concerned about the impact on businesses and /or tenants. Councilmember Withrow stated identifying a funding mechanism is admirable, but Council should give some very strict guidance to the staff in terms of time frames; irrespective of that, Council should define the requirement, whether it will be a mandatory program and set up time frames to adopt the proposed ordinance that the URM Committee has proposed; Council needs to do something and not just hope [the problem] goes away. Councilmember Withrow further commented if Council adopts the proposed ordinance and implements the requirement, there may be substantially more motivation to find the financing. President Corica stated perhaps Council should enlist the aid of the Alameda County Mayors Conference, as a number of other cities that want to get involved may add more clout [in Sacramento] although Council would need to decide and staff would need to direct Council on the best approach. The Acting City Manager noted staff is only approval at this time because there must be City Attorney's office, environmental review and staff will get back to the Council at a six months. asking for conceptual further review by the by the Planning Board, later date, perhaps in In response to Councilman Arnerich's question concerning Option No. 2, the Public Works Director noted if Council approved Option No. 2, Council would be starting the process; Council would not be making a final decision, which would come after the environmental processing, and in the meantime staff could pursue funding means. Councilman Arnerich commented the important thing is that Council would not be locked in. Councilmember Withrow moved that Council accommodate the recommendation of the Public Works Director and where, in subparagraph 1 there is reference to Option either 1 or 2, that the motion include the mandatory portion; [the recommendation would 1) conceptually approve, 2) refer the draft ordinance to the City July 3, 1990 213 Attorney to finalize the wording and 3) request the Planning Department /Planning Board to process the EIR review]. Councilmember Thomas stated she has concerns regarding Option 2, a lot of the (URM building] addresses are businesses, a number are probably historic, and that, to her, triggers a full environmental impact report; agrees with need to do something, believes there is a caveat as to what the State is going to do, she has some concerns with Option No. 2, so she would prefer Option No. 1, or at least not preclude either option at this stage. Councilmember Withrow stated that Option No. 1, voluntary program, would be a do- nothing option. President Corica commented Council would be shirking does not look at funding and some way help people buildings. Councilmember Withrow stated he agrees wholeheartedly; Council needs to find some way to provide financial assistance but he does not see that has a bearing on whether Council approves a voluntary or mandatory program. which is the its duty if it who own URM Councilmember Camicia stated there need not be a certain time frame, the City can work with individuals so that it will not be an onorous process; but if it is voluntary, no one will move ahead. The Public Works Director explained that the mandatory part of the ordinance recommended is for an interim retrofit to tie the walls into the floors and the roofs, the portion that's going to cost the least amount but give the most improvement in safety from a life- safety standpoint. Councilman Arnerich clarified that if Council approved Option No. 2, Council would still come back at a later date and affirm at that time; Council is not locked into it; and also during that time Council could find what funding would be available. Discussion ensued concerning the cost of retrofitting. Arnold Luft, Consultant, addressed costs, commenting that although there are many Bills in the legislature, none provide funding to private enterprise; with respect to the State coming in to impose harsh penalties on the City, the City's code becomes the prevailing code that controls all buildings; the Structural Engineers Association of California has put together a code or guideline that is more stringent than the proposed ordinance, to which the City will not be subject, but if the City procrastinates for a number of years and crosses paths with that guideline, there will be a harsher financial penalty for everybody in the community; the intent of the proposed ordinance is to include all of the thinking that Councilmember Thomas indicated; with respect to historical buildings, the State Historical Code is quite clear and it defers to the City's ordinance as the prevailing code. Councilmember Withrow restated his motion to accommodate the July 3, 1990 214 recommendation of the Public Works Director and include Option 2 which is the mandatory portion for the interim stage. Councilmember Thomas stated her concerns are still present, some further information on cost is needed. Councilmember Camicia seconded the motion; and stated he believes Councilmember Thomas's requests can be accomplished; the motion is to move toward a particular direction but Council can back out or make changes. President Corica stated it would be mandatory and therefore he would like more time. 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. 90 -474 From Finance Director requesting authorization to pay claims. Councilman Arnerich moved to accept the recommendation. Councilmember Withrow seconded the motion. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: None. Absent: None. Abstentions: Councilmember Thomas - 1. 90 -475 From Public Works Director recommending acceptance of the work by Seaworks, Inc., for the Bayview Shoreline Enhancement Project, No. P.W. 8- 88 -12. Councilman Arnerich stated the two reports (90 -475 and 90 -476) regarding the Bayview Shoreline Enhancement Project, and the Yorkshire Road Sanitary Sewer Pump Station, etc., concern him greatly as there was a 54% overrun in the first item, and the second item was 86% above the estimated cost; he talked to staff about the matter and the answers to his questions have been satisfactory but he believes the public should know that such matters are not taken lightly. Councilmember Camicia moved acceptance [of the reports]. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90 -476 From Public Works Director recommending acceptance of work by Jardin Pipeline, Inc. for the construction of Yorkshire Road Sanitary Sewer Pump Station and other sewer rehabilitation at various locations, No. P.W. 10- 89 -17. Accepted by unanimous voice vote: See paragraph 90 -475 above. RESOLUTIONS 90 -477 Resolution No. . "Approving salary resolution and benefits for Management and Confidential Employees of the City of Alameda for period January 1, 1990 to December 31, 1991." July 3, 1990 215 President Corica noted this item has been pulled from the agenda. 90 -478 Resolution No. 11987. "Providing for the borrowing of funds for Fiscal Year 1990 -91 and the issuance and sale of the 1990 Tax and Revenue Anticipation Notes therefor." Adopted. Councilmember Withrow moved adoption of the resolution. Councilmember Camicia seconded the motion. Councilman Arnerich questioned the amount of $7,500,000, and the Finance Director responded that is the maximum amount contemplated but it may not be that much, depending upon the cash flow. The motion was carried by unanimous voice vote - 4. [ Councilmember Thomas was absent from the dais during the vote.] UNFINISHED BUSINESS 90 -479 Consideration of a letter from Mr. Edward Murphy, dated January 19, 1990, regarding Article II, Section 2 -10 of the City Charter. ( Councilmember Camicia) Edward Murphy, 2618 Janis Circle, stated 1) the question raised by his letter is relatively simple: does Section 2 -10 of the Charter contain a contradiction that renders the Section ambiguous; and 2) he is not requesting Council do anything other than request staff make the answer available to the public. Donald Kanare, 2610 St. Margaret Court, stated Charter Section 2 -10 contains a slight ambiguity; the process and duties when vacancies in City Offices occur should be spelled out clearly; adding "or designee" in the second sentence after the words, "until a successor" would clarify the matter and not change the intent. President Corica stated Council will have staff explore the matter. The City Attorney stated she will draft a response for Council. Councilmember Camicia stated Mr. Murphy had requested the matter be reagendized because he was absent when the matter came on the first time, so he [Camicia] would appreciate a response. NEW BUSINESS 90 -480 Consideration of nomination for appointment to Civil Service Board. Councilmember Camicia stated it would be beneficial to him as a Councilmember if applicants to Boards and Commissions are allowed the opportunity, not mandatory, to address Council at the podium before a nomination is made; requested the matter be put off for two weeks to allow applicants for the Civil Service Board position the opportunity to speak but only if they wish to. July 3, 1990 b 216 Following discussion regarding Councilmember Camicia's suggestion, Mayor Corica stated a notation on the application [Evidence of Candidacy] that persons may speak would be acceptable although some applicants may not wish to. Councilmember Camicia stated presentations should be strictly voluntary. Councilman Arnerich stated Councilmember Camicia has a point; there may be times when there will be applicants that Councilmembers do not know and a presentation could help. Councilmember Thomas stated if people are to be invited to speak, it should be advertised before applications are submitted; and believes this position [Civil Service Board vacancy] should be filled and the matter of speaking be dealt with later. President Corica stated the opportunity to speak can be made public and a notation can be made on the application; however there is a matter before the Civil Service Board and he would like to see the position filled. Councilmember Camicia stated he would like to wait a few weeks. Councilmember Withrow noted that Councilmember Camicia's proposal will allow people to feel they are a part of the process. Following further discussion, Councilman Arnerich suggested the matter be discussed in the next two weeks but he would like Council to go ahead with the appointment to the Civil Service Board. Mayor Corica nominated Pamela G. DeSimone for appointment to the Civil Service Board. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. Councilmember Camicia requested staff to report back to Council with a proposed structure which allows people [Board and Commission Applicants] an opportunity to speak, if they so wish, for three minutes at the podium; and there should be a range of options. 90 -481 Councilmember Withrow requested staff report on alcohol consumption in parks, including actions being taken by East Bay Regional Park District and Alameda Police Force. 90 -482 Councilmember Thomas requested a report concerning advisory boards being subject to the Brown Act. Councilmember Thomas commented three members, a majority, of an advisory board were present on a television show, the public was excluded, there was no notice and they discussed subject matter the board regulates; she recalls an opinion of County Counsel, basically to the County TAG (Technical Advisory Committee) to the Solid Waste Management Authority which indicated that Advisory Boards such as the TAG should notice meetings; the spirit of the Brown Act requires when a majority of a board is present and July 3, 1990 217 talking about subject matter that they regulate, the public should be invited and there should be notice; and that should be looked at by Council. The Assistant City Manager stated staff could bring back a report to Council. Councilmember Thomas assented. President Corica agreed there should be a report and Council should set policy. 90 -483 Mayor Corica reported on the Mayor's Conference in Chicago, noting the subjects discussed at the Conference, including drug - related problems and programs, energy environment, recycling. 90 -484 Mayor Corica reported that the Mayor's Fourth of July Parade will be the biggest parade in the last 16 years and has 142 entries; the Parade Committee has been working well and the U.S. Army, Navy and others have been very cooperative, supplying bleachers and helping in many ways. ADJOURNMENT Mayor Corica adjourned the meeting at 10:20 p.m. Respectfully submitted, DIANE B. FELSCH, CMC' City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. July 3, 1990