1988-12-06 Regular CC Minutes6
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY DECEMBER 6, 1988
88 -753 The meeting convened at 7:30 p.m. (at the conclusion of a
Closed Session to discuss a Workers' Compensation Claim and the case
of Contaxis v. City of Alameda) with President Corica presiding.
The Pledge of Allegiance was led by Councilman Arnerich, and, in the
absence of clergy, President Corica gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas,
and President Corica - 4.
Absent: Councilmember Monsef - 1.
MINUTES
Councilman Arnerich made a motion to approve the minutes of the
Special Council Meeting of November 3, 1988, and the Regular Council
Meeting of November 15, 1988. Councilmember Camicia seconded the
motion and it was carried by unanimous voice vote - 4.
CONSENT CALENDAR
Councilmember Thomas inquired if any liability is incurred for
purchasing handguns for officers of the Police Department (See
88 -755), to which the City Attorney replied that there is not.
Councilmember Camicia made a motion to approve the Consent Calendar;
Councilman Arnerich seconded the motion and it was carried by
unanimous voice vote - 4. [With one abstention by President Corica
(See 88 -762) due to conflict of interest]
Items so enacted or adopted are indicated by an asterisk.
RESOLUTIONS
*88 -754 Resolution No. 11607 "Extension of term of lease for sign
parcel located at Buena Vista Avenue and Sherman Street intersection,
between Alameda Real Estate Investments (Lessee), and the City of
Alameda (Lessor)." Adopted.
*88 -755 Resolution No. 11608 "Authorizing the open market purchase
of handguns for the Police Department." Adopted.
*88 -756 Resolution No. 11609 "Approving Final Map of Subdivision
Tract 4499, located north of Tralee lane, adjacent to Sea View
Parkway, and accepting certain easements and rights of way (Harbor
Bay Isle, Village 4)." Adopted.
*88 -757 Resolution No. 11610 "Authorizing execution of agreement for
construction and completion of improvements in connection with
Subdivision Tract 4499, approving bonds as to sufficiency, and
release of bonds for Tract 4290 (Harbor Bay Isle, Village 4)."
*88 -758 Resolution No. 11611 "Approving Parcel Map No. 5509 for
division of property within Harbor Bay Business Park, south of South
Loop Road, permitting recording thereof, and finding said Parcel Map
December 6, 1988
consistent with the City's General Plan." Adopted.
*88-759 Resolution No. 11612
agreement with Alameda Red Cross
Fiscal Year 1988-89." Adopted.
*88-760 Resolution No. 11613
regional housing need." Adopted.
3'7
"Authorizing amendment of grant
for Homeless Ancillary Services for
"Revising Alameda's share of the
FINAL PASSAGE OF ORDINANCES
*88-761 Ordinance No. 2410, N.S. "Amending Fire Code Permit Fees as
established by City of Alameda Ordinance No. 1929, N.S." Adopted.
*88-762 Ordinance No. 2411 N.S. "Amending the Alameda Municipal
Code by amending Section 15-6210 thereof relating to rates for
collection of garbage and refuse and prescribing method of
collection." Adopted. [with one abstention by Mayor Corica]
*88-763 Ordinance No. 2412, N.S. "Amending the Alameda Municipal
Code by amending Section 17-442 thereof establishing a signalized
intersection at Broadway and Buena Vista Avenue." Adopted.
BILLS
*88-764 A List of Claims, certified by the City Manager as correct,
was approved in the sum of $916,746.59.
* * * * * * * * *
RETURN TO REGULAR AGENDA
88-765 President Corica announced Boy Scouts Troop No. 1076 was in
attendance to observe Council to see how City government operates,
noted the Boy Scouts participated in the drive for the Alameda Food
Bank, and had the troop stand for recognition by the audience.
WRITTEN COMMUNICATIONS
88-766 From Charlene C. Andrews, 3332 Cook Lane, concerning litter
at 364 Maitland Drive, 1528 Broadway, 55, 57 and 59 Mecartney Road,
and consideration of a Community Improvement Ordinance.
President Corica noted the matter has been investigated by the City
and there is one instance where a property owner has been notified
that cleanup must be made.
The City Manager stated there has been a response from property
owners notified that they are taking action at the request of City
staff.
Councilmember Camicia made a motion to accept the communication.
Councilman Arnerich seconded the motion and it was carried by
unanimous voice vote - 4.
88-767 From Professor Frederick Friedman, representative of Advocates
for 32/60, 348 Estabrook Street, San Leandro, requesting Council to
December 6, 1988
338
adopt a resolution opposing United Cable Television's removal of
public service Channel KQEC (32).
Councilmember Camicia stated he will abstain on this matter as he is
an employee of 'QED and a lobbyist in Sacramento for public
television.
Mr. Friedman stated his concerns, noting the main concern is that
educational channels are not displaced.
President Corica stated he does not have any problem with having the
resolution drawn up in support of keeping these channels on.
Councilman Arnerich
should be kept on;
Companies due to the
will be rather meanin
stated concern that the educational channels
however, a lot of restrictions went off Cable
Supreme Court ruling, therefore, the resolution
gless.
Councilmember Thomas
regulate a business
provided on the open
the more regulations
the consumers.
stated she does not see why Council should
and force it to provide something already
air waves and displace their profit potential;
on business, the more cost will be passed on to
Councilman Arnerich stated he is in favor of the resolution; and
noted other cities have adopted it.
President Corica stated if there is the interest in the educational
channels, he would like to support it.
Councilman Arnerich requested a resolution be brought before Council
at the next meeting.
88 -768 From Michael D'Orazi, President, Alameda Fire Fighters
Association, 1703 Grand Street, extending congratulations to Mayor
Chuck Corica and City Manager for their successful negotiations with
Harbor Bay Isle representatives.
President Corica noted an accompanying letter from Mr. D'Orazi
complimenting Councilmember Thomas on the role that she played;
noted that this was not a two - person team, but the entire Council
worked on the matter, and added that without the proposal of a
moratorium by Councilmember Thomas, there may not have been
negotiations.
Councilmember Thomas commented that not only Council participated but
Harbor Bay, Steve Brimhall and James Davis.
Councilman Arnerich made a motion to accept the communication with
thanks. Councilmember Thomas seconded the motion and it was carried
by unanimous voice vote - 4.
88 -769 From Diane Coler -Dark, 2857 Jackson Street, regarding Lateral
Testing Upon Sale, Section 6 -421, Ordinance No. 2404, N.S.
Ms. Coler -Dark suggested that the City allow contractors a special
license, which would involve a fee to the City, to be able to test
December 6, 1988
339
the laterals so that it might not be such a burden on the inspectors;
and that property owners be notified, perhaps in future tax bills,
and with more media coverage.
Linda Soulages, 2846 Van Buren Street, stated the present system of
sewer lateral repair during sale of property is not cost effective
and will not address the health and safety problem; suggested an
assessment district, and urged Council reassess the situation.
President Corica noted the possible problems of a need to add to City
staff to do a timely check of the laterals if there are a high number
of property sales within a month, and whether, with an assessment
district, some people may not need the work done and would perhaps be
paying for other persons' work.
Councilman Arnerich requested a brief summary of requirements in this
matter, including the time in which to comply.
The City Manager replied that the City has twenty years to clean up
the sewer mains and laterals; state and federal grants are
predicated upon reducing the amount of the sewer flows; and
discussed the assessment district suggestion.
Councilmember Camicia suggested a motion to accept the written
communication and requested there be a report to the Council
exploring how an assessment district might be implemented.
Councilman Arnerich agreed and so moved, and stated exploring an
assessment district was a good point brought up by Mrs. Soulages.
Councilmember Camicia seconded the motion. The motion was carried by
unanimous voice vote - 4.
88 -770 From Mr. & Mrs. John Dufala, Earl E. Pyatt, and Emmi
Fischl, 1825 Shore Line Drive, concerning changes in the landscaping
of the beach along Shore Line Drive.
Ms. Fischl, discussed a number of items in the staff report on this
subject, particularly the height of dunes, and stated there could not
be a neighborhood watch if the view is blocked.
Mr. Dufala stated the street lights had been off for four days from
the 2200 to the 1600 block, and if there will be a five- or six- foot
barrier, he believes there will be security problems.
President Corica stated he agrees with concerns expressed; for
safety purposes, the lower the mound, the more the police can scan
the beach; the East Bay Regional Park District (Park District) has
indicated the sand would be smoothed down to 30" above the bike path
and plantings limited to 30" but that would total five feet; he
would like to see flowers planted and sand lowered to no higher than
the bike path.
The City Manager stated he has talked with the Park District about
planting dune grass on the face, not on the top.
Councilmember Camicia made a motion to accept the communication and
December 6, 1988
3 0
instruct staff to work with the Park District on the height of the
dune.
Councilman Arnerich agreed there was obstruction and stated he would
like to see the Park District bring the height down, with tall grass
and low sand or short grass and more sand, but not over three feet.
President Corica stated when sand replacement is needed, the Park
District must come to the City to share cost; reducing height will
conserve sand, and he believes the Park District will cooperate.
Councilman Arnerich stated that communication to the Park District
should be very firm that Council is very concerned about the area.
The City Manager stated he would convey that to the Park District.
Councilmember Thomas inquired if trees are included in the
contemplated conctual approvals, to which the Acting Public Works
Director replied �F °ere are no trees; discussed the 3 -foot shrubs on
the dunes.
Councilmember Thomas further agreed 30" is too high for the dunes,
and the beach is hidden from passersby.
Councilmember Camicia stated he agreed with the Mayor's comments
regarding the sand replacement, believes the City has some leverage
with the Park District, and that there will be cooperation.
Councilman Arnerich made a motion to accept the written communication
with the provisions Council outlined. Councilmember Camicia seconded
the motion which was carried by unanimous voice vote - 4.
APPEALS
88 -771 Appeal of Manager's Traffic Advisory Committee decision to
abate vehicles on private property at 3234 Central Avenue.
(Appellant: Frank Landreth)
President Corica explained the procedure of the Appeal.
The Acting Public Works Director explained the background of the
matter.
The public portion of the Appeal was opened.
On the call for proponents of the Traffic Advisory Board decision,
there were none.
Mr. Landreth, Appellant, described his property; stated he is
planning to build a garage and dispose of some vehicles; he is just
looking for an extension of time; and submitted his comments in
written form to the Council.
Councilman Arnerich stated some persons [according to the Appeal
record] complained; and that the Traffic Advisory Board had given an
extension.
December 6, 1988
1
President Corica stated Appellant is violating an ordinance, and
Council has a responsibility to complainants.
President Corica closed the public portion of the hearing of the
Appeal.
Councilmember Camicia stated he does not like to see property owners
unable to use their property for purposes they wish; and inquired if
there could be a compromise if Appellant would put up a garage to
house these cars.
Councilman Arnerich agreed, but added that Mr. Landreth must make a
commitment to take care of the matter quickly.
Mr. Landreth stated he would, within six to eight months, dispose of
several vehicles which could not be housed in a garage, and would
build a garage if approved by the Planning Board in time.
Councilmember Camicia made a motion that Council give Mr. Landreth
two weeks to work with staff to solve the problem within six to eight
months. Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 4.
REPORTS AND RECOMMENDATIONS
88-772 From City Manager regarding the formation of a Finance
Commission.
Richard Roth, 1417 - 5th Street, spoke in favor of a Finance
Committee; would like the Committee to look at the overall view,
plan ahead and suggest areas where savings can be made; and he would
like more than three citizens on the Committee.
President Corica stated he has reservations regarding a Finance
Commission, and suggested an ad hoc efficiency committee similar to
the ad hoc committee prior to 1983, a committee that would look into
all the departments to make them more efficient; each Councilmember
could choose one member; the committee should be composed of a broad
spectrum of people in the business world; he would prefer that to a
finance commission; and many citizens would be interested in
helping.
Councilmember Camicia agreed there would be interest; explained that
his interest in placing the formation of a Finance Commission on
agenda, is because there are many large financial items which need
attention including fire equipment, City Hall, Library renovation,
etc.; and stated he would like a commission to take a long range
look at City finances.
Councilmember Thomas noted that a review of several cities showed
that most had committees composed essentially of councilmembers.
Councilman Arnerich stated he remembers that the efficiency ad hoc
committee had worked very well; believes there could be a rebirth of
the efficiency ad hoc committee appointed by Council, or a Finance
Commission with Councilmembers serving with people as recommended by
the City Manager in his report [two Councilmembers, City Manager,
December 6, 1988
32
Finance Director, Auditor, Treasurer and three citizens nominated by
the Mayor and confirmed by Council]; finances are getting short and
Council must explore every avenue.
President Corica suggested there be formed a committee, similar to
the ad hoc committee, on a trial basis for a year's time; and five
expert people from the citizenry should be selected rather than
having Councilmembers sitting on the committee.
Councilmember Camicia agreed, stating Council does not have time to
explore in depth and, just as in searching for persons with
appropriate background for the Planning Board, there should be a
search for experts in the field of finances; and agreed that a one
year trial would be appropriate.
Councilmember Camicia stated he believed the auditor and treasurer,
as elected officials, should be part of it; for a total of seven,
adding the two as soon as elected.
President Corica stated he believes there would be a fresher look if
there were just five persons from the public.
President Corica suggested setting something in motion, perhaps
called an Ad Hoc Finance Committee and start from there where its one
goal is just financial, then Council can begin to look for people
that are willing to serve and have the capabilities that will be of
benefit to the City's financial situation.
Councilmember Camicia so moved. Councilman Arnerich seconded the
motion and it was carried by unanimous voice vote - 4.
88-773 From City Manager regarding cut-off date for written
communications.
John Scott Graham, 1728 Tregloan Court, stated that the proposed
schedule did not provide enough time to put a report [Written
Communication] together as a rebuttal to any Council Meeting item.
President Corica stated when items [Written Communications] come in
at the last minute it does not give time for [staff] response; and
he does not believe the proposal will hurt anyone.
Councilmember Camicia inquired if there was any way to provide for
emergency such as the tenant housing problem.
President Corica stated there needs to be notice given.
Councilman Arnerich stated perhaps there could be some way.
The City Clerk requested the opportunity to research the Brown Act
and determine if there is a possible provision.
The City Attorney agreed there is a provision.
Councilmember Camicia made a motion to accept the report and
recommendation. Councilman Arnerich seconded the motion and it was
carried by unanimous voice vote - 4.
December 6, 1988
343
88 -774 From Police Chief regarding Bingo Revenues.
Gig Codiga, Boys Club, 1134 Bay Street, stated there has been a loss
of attendance and revenues, which will result in programs being cut
for the Boy's Club.
Don Sherratt, 74 Basinside Way, stated bingo was instituted as the
major fund raiser for the Boys Club, believes in smoking ordinance
but does not believe charitable organizations should lose money
because of a City ordinance; and suggested Council consider a
variance to exempt charitable fund - raisers from the ordinance.
Barrett James Parker, 1622 Dayton Avenue, stated if people are
restricted, the net affect is a loss to the Boys Club.
Douglas Haines, 1616 Encinal, stated there has never been trouble at
bingo games, it is a good pastime for senior citizens; net revenue
for the Boys Club is down; and requested Council allow the smoking
ordinance to be rescinded, as it applies to bingo parlors.
President Corica noted the gross revenue amounts are impressive but
the net is not; perhaps there could be smoking /non - smoking sections
without putting up walls; does not like churches and the Boys Club
hurt; and perhaps something could be done.
Councilman Arnerich commented that perhaps there could be smoking and
non - smoking sections at opposite ends of bingo parlors, e.g.
gymnasiums; and reviewed revenue figures.
Councilmember Thomas stated she believed Council should wait in
deference to Councilmember Monsef since the ordinance is one he
initiated, and she is concerned some information is not up -to -date;
she would like to see smoking banned everywhere because since the
ordinance was passed, it has been found that smoking causes not only
cancer but heart disease, and it aggravates asthma; and children,
some with asthma or allergies, are told not to smoke and then are
sent into these areas; and it does not seem right to put money ahead
of health.
Councilman Arnerich commented people do smoke; and bingo parlors
cannot permit smoking although smoking is allowed at parties in the
same room; and the fund - raisers for charitable organizations are
placed in a bad position.
The City Manager suggested that, if this matter is held over to
another meeting, staff could look into items Councilmembers Arnerich
and Thomas suggested; some newer types of exhaust systems may be
feasible for organizations to install, and perhaps a proposed
ordinance amendment could be considered.
The City Manager suggested the matter be brought back the first
meeting of January.
Councilmember Camicia made a motion to hold the matter over to the
first meeting of January and explore the items discussed. Councilman
Arnerich seconded the motion. The motion was carried by unanimous
December 6, 1988
3� 4
voice vote - 4.
88 -775 From Acting Public Works Director on the Caltrans Project to
construct a median barrier on Webster Street north of Atlantic
Avenue.
President Corica described the proposed median.
Councilmember Camicia moved the recommendation.
The Acting Public Works Director described the design alternatives.
Councilmember Thomas inquired if a proposed design could be
submitted, to which the City Manager stated Caltrans has very rigid
requirements which require testing but a suggested design could be
submitted.
Councilmember Camicia made a motion to approve the recommendation
[requesting Caltrans consider more aesthetic design possibilities).
Councilman Arnerich seconded the motion and it was carried by
unanimous voice vote - 4.
88 -776 From Acting Public Works Director on Park Street Business
District Parking Study - analysis and findings.
Fred Scullin, 1120 Chestnut Street, stated the building being erected
on the Park Street block, #35 Parking Lot, between Lincoln and Santa
Clara would further adversely affect the area.
Diane Coler -Dark, 2857 Jackson Street, Park Street Business
Association, thanked Council for the report which further validates
the need for a parking area, and stated the Association will continue
to work with the City.
Councilmember Camicia made a motion to approve the report and
recommendation. Councilman Arnerich seconded the motion and it was
carried by unanimous voice vote - 4.
88 -777 From Fire Chief recommending implementation of certain Ryland
Research proposals concerning the Fire Department.
Mike D'Orazi, Alameda Fire Fighters Association, 1703 Grand Street,
stated the Fire Fighters Association supports the recommendations of
the Fire Chief regarding the Ryland study; however it is the
Association's contention that the urgent need for protection on Bay
Farm Island (BFI) should not come at the expense of the protection
available on the main island.
Diane Coler -Dark, 2857 Jackson Street, stated the Fire Chief should
be commended for his report; noted the two fires last weekend;
without the help of the Naval Air Station, the second home could not
have been saved and if an EMT call came in, there could not have been
a response.
Councilmember Camicia stated Ryland Research has suggested reducing
an engine company and adding an ambulance on Bay Farm Island; and
the Fire Chief's compromise is to keep the ambulance service on BFI
December 6, 1988
3 4 5
but moves the engine company to BFI.
The Fire Chief stated that is correct but the crew that mans the
ambulance would be the same crew that mans the engine.
Councilman Arnerich commented he has been very impressed with all the
reports and actions of the Fire Chief.
Councilmember Thomas agreed the Fire Department is doing very well,
and agreed if Engine 5 is placed on BFI, it will decrease protection
on the main island; discussed possible alternatives regarding fire
equipment; and made safety suggestions regarding fireplaces and
electric blankets.
President Corica expressed his appreciation for a competent Fire
Department staff which can assess and report needs capably.
Councilmember Camicia noted suggestions Ryland Research made are
incorporated in the report of the Fire Chief; and is not sure
Council should oppose the advice of a paid consultant and the City's
paid professional regarding Engine 5.
The City Manager suggested perhaps the decision [regarding Engine 5
and staffing] should be made when the fire station is constructed.
Councilman Arnerich made a motion to approve the report and
recommendation. Councilmember Camicia seconded the motion and it was
carried by unanimous voice vote - 4.
RESOLUTIONS
88-778 Resolution No. 11614 "Supporting the continued operation of
the Alameda Naval Air Station and Naval Aviation Depot." Adopted.
President Corica stated he called Washington and there will not be an
announcement to the media before December 31st, nor a decision until
January, regarding the continued operation of the Naval Air Station
(NAS); noted the value and benefits to Alameda provided by the NAS,
including assistance with fire equipment, and stated there will be
continued contact with Senator Pete Wilson's office and with
representatives in Washington.
Councilmember Camicia stated he reviewed the resolution with Captain
Boennighausen and he had no objections; and moved the resolution be
adopted.
Councilmember Thomas inquired if she should abstain as her husband
works at the base; and the City Attorney replied the resolution is
simply expressing support of an institution.
Councilman Arnerich inquired if the absence of Councilmember Monsef
would affect the unanimity of Council.
Councilmember Camicia suggested Councilmember Monsef be asked to
write a letter expressing his support and stating why he was absent,
to accompany the resolution and thus provide unanimity.
December 6, 1988
3 6
President Corica stated it was a good idea.
Councilmember Camicia made a motion to adopt the resolution.
Councilman Arnerich seconded the motion and it was carried by
unanimous voice vote - 4.
88 -779 Resolution No. 11615 "Proposing amendments to the Charter of
the City of Alameda upon motion of the City Council; calling a
Municipal Charter Amendment Election in the City of Alameda for the
purpose of submitting to the electors thereof proposals to amend said
Charter, viz: (1) by amending Section 2 -4 and repealing Section 22 -9
to provide compensation for Council according to State law; (2) by
amending Section 2 -7 providing for the filling of City Council
vacancies; and (3) by amending Section 2 -1 and repealing Articles IV
and V eliminating City Auditor and City Treasurer from the Charter;
fixing date of said Election, manner of holding same, and providing
for Notice thereof; and consolidating said Municipal Election of the
City of Alameda to be held on March 7, 1989." Adopted.
Don Roberts, 880 Portola, stated he believes all three proposed
amendments are excellent.
Richard Roth, 1417 - 5th Street, inquired if there would be an
opportunity to vote separately on the three items.
The City Attorney responded that the items would be separate
measures.
Karin Lucas, 415 Taylor, stated Council is part time; serving the
City is an honor and should be a reward in itself; and hopes if the
[Council compensation] item is on the ballot, voters will turn it
down.
President Corica stated Council wants to see if voters are interested
in having Council compensation comparable to that of other cities.
Richard Armstrong, 1626 Encinal Avenue, stated the amount of
compensation Councilmembers receive is pathetically low, and Council
should get at least minimum wage.
Fred Scullin, 1120 Chestnut Street, stated perhaps if City elected
officials are paid decent salaries, offers of gifts would not be
tempting.
Councilmember Thomas stated that $600 is not a great deal of money,
but it would mean that people without a lot of money could afford to
serve; the cost incurred by Councilmembers is substantial and the
raise in compensation will enable Councilmembers to attend the
functions they should attend; and the entire Council would receive
half of what the Alameda County Supervisor from Alameda will receive.
Councilmember Thomas noted the City Treasurer and Auditor receive
$300 a month.
President Corica noted the Finance Director and other staff members
now perform most of the duties of Treasurer and Auditor, and Council
should have the right to pick an auditing firm, which is the chief
December 6, 1988
duty of the Auditor.
Councilman Arnerich commented he has paid for most dinners
needed to attend, as well as transportation expense; and
voters turn the item down, he will still do the job, but
would just like to be paid for the expenses.
Councilman Arnerich made a
Councilmember Thomas seconded
following voice vote: Ayes:
President Corica - 3. Noes:
Councilmember Monsef - 1.
347
he has
if the
Council
motion to adopt the resolution.
the motion and it was carried by the
Councilmembers Arnerich, Thomas and
Councilmember Camicia - 1. Absent:
88 -780 Resolution No. 11616 "Proposing an amendment to the Charter
of the City of Alameda upon motion of the City Council; calling a
Municipal Charter Amendment Election in the City of Alameda for the
purpose of submitting to the electors thereof a proposal to amend
said Charter, viz: by amending Section 10 -1 and adding Article
XXVIII establishing an Historical Advisory Board; fixing date of
said election, manner of holding same, and providing for Notice
thereof; and consolidating said Municipal Election of the City of
Alameda to be held on March 7, 1989." Adopted.
Jessica Trask, 1553 Mozart Street, Alameda Victorian Preservation
Society, states the Society's belief is that the Historical Advisory
Commission should be a chartered organization or board.
Joey Winter, 2233 Santa Clara Avenue, Alameda Museum, spoke in favor
of chartering the Historical Advisory Commission.
Jean Wolslegel, 1907 Central, stated she is supporting the Historical
Advisory Commission.
Robert DeCelle, P.O. Box 1606, Chairman, Historical Advisory
Commission, stated his letter of November 22nd makes his statement
[requesting the proposed Charter amendment].
Roscoe Hamilton, 1283 Weber Street, President - Elect, Alameda
Historical Museum, recommended that the Council consider including
the Historical Advisory Commission in the Charter and place the
matter on the ballot in March.
Dave Plummer, 1401 High Street, Historical Advisory Commission,
listed many accomplishments of the Historical Advisory Commission
which have been beneficial to the City, including obtaining many
sizeable grants.
Mr. Plummer submitted a letter to the City Clerk from Andrew and
Susan McCormack who favor including the Commission in the Charter.
Gerhard Degemann, 19 Sandpiper Place, stated chartering the
Historical Advisory Commission is a good idea and he supports it.
Councilmember Thomas questioned the City Attorney regarding his
opinion on the matter.
The City Attorney stated this proposal would not just charter the
December 6, 1988
348
Historical Advisory Commission but would increase its power.
President Corica stated he did not know why the Commission cannot be
chartered under the same guidelines as before, as it has been
functioning well.
Mr. DeCelle stated attorneys drew up the proposal which retains the
Council's power.
Following discussion regarding wording, and retaining the
availability of the appeal process, President Corica stated it
appears that all that is necessary is to take the current ordinance
that establishes the commission and use it, then everyone would feel
comfortable.
Mr. DeCelle agreed but requested Council consider Section 28-6 and
28-7 as part of it, and asked if the Council would accept Section
10-1.
Councilmember Camicia suggested adopting the resolution, striking the
language that is causing concern, instituting the current ordinance;
noted Section 28-6 is no more than clerical; Section 28-7, if it
causes concern, perhaps could have a line added to the end,
"expenditures to be made with Council approval."
The City Attorney stated Section 10-1 would be proper as it just a
list of boards, and Article 9 could be adopted.
The Chairman of the MAC stated the Commission is not interested in
acquiring properties and noted information for the grant monies has
been obtained at their own expense, including attendance at meetings
as far away as San Diego; and if they receive monies, they would
like to be able, with City Council approval, to spend it on what they
think would result in an improvement in the City.
Councilmember Camicia made a motion to keep the ballot language,
strike everything but Sections 28.6 and 28.7, add to Section 28.7
"expenditures are to be made only with Council approval," and
institute the current ordinance language.
The City Attorney noted Section 10-1 would be added.
Councilmember Camicia agreed.
The City Attorney stated he would substitute the existing ordinance
for Article 28; and would provide different Section numbers.
Councilmember Thomas seconded the motion and it was carried by
unanimous voice vote - 4.
88-781 Resolution No. 11617 "Amending the Management and
Confidential Employee Salary Resolution by establishing the salaries
for the newly added positions." Adopted.
Councilmember Thomas made a motion to adopt the resolution.
Councilmember Camicia seconded the motion and it was carried by
unanimous voice vote - 4. December 6, 1988
349
88 -782 Resolution No. 11618 "Reappointing T. David Edwards as a
Trustee of the Alameda County Mosquito Abatement District." Adopted.
Councilmember Camicia made a motion to adopt the resolution.
Councilman Arnerich seconded the motion and it was carried by
unanimous voice vote - 4.
INTRODUCTION OF ORDINANCES
88 -783 Ordinance No. N.S. "Amending Title XVII of the Alameda
Municipal Code to establish short term parking meters in front of
1222 Park Street (Bernardi Cleaners)." Introduced.
Councilmember Camicia made a motion to introduce the ordinance.
Councilmember Thomas seconded the motion.
Councilman Arnerich inquired if the owner would be paying part of the
cost of the meter change, to which the City Manager stated there is
enough money in the Parking Meter Fund to make this change.
Councilmember Thomas stated, in the future if the meters are changed
at the request of a person, that person should share the cost.
Councilmember Camicia noted that other businesses in the immediate
area would benefit by the change, and it is not being changed only
for the benefit of the person requesting.
Councilman Arnerich stated that is a fair assessment, and stated in
the future, it should be noted who requests, and who benefits by
changes.
The motion was carried by unanimous voice vote - 4.
UNFINISHED BUSINESS
88 -784 Vice Mayor Thomas requested Mayor and Council to make
appointments to the Port Authority Task Force before the next Council
Meeting.
ORAL COMMUNICATIONS, GENERAL
88 -785 Mr. James Russi, 428 Yorkshire Road, requested the suspension
or revocation of building permit at 2001 Yorkshire Place to determine
if it is a two or three story building, noted parking in the area is
a problem; requested the Planning Department be directed to
investigate the matter and limit the height of the building to 25
feet; and submitted information to Council.
88 -786 Judy Christen, 2013 Yorkshire Place, expressed her concerns
regarding the project at 2001 Yorkshire Place, the next phase of this
house is to be a pagoda roof, and it is said the building might be
used as a temple on Sundays; and inquired if the eleven different
windows and the other features of the house could be brought more
into conformity with the neighborhood.
December 6, 1988
3'0
Councilmember Thomas remarked that the Zoning Ordinance is not very
clear in its definition of a story; and it is very difficult to cure
the problem at this point.
President Corica stated one of the things that could be done for the
future, is to lower the height level.
Councilman Arnerich commented the building should be checked against
the plans that were submitted.
Following discussion, the Council directed the City Manager report
back at the next Council Meeting on lowering building height
requirement to 25 feet.
88-787 Gerhard Degemann suggested a better bulletin board be
installed for the posting of Agenda Packet Materials, or an
alternative to the bulletin board.
88-788 The City Attorney noted that, concerning the resolution
regarding placing the Historical Advisory Commission (HAC) issue on
the ballot (See 88-780), in reviewing the existing ordinance on the
HAC, he does not believe the changes previously discussed will
suffice, and suggested keeping the proposal of the HAC, Sections 28-3
to the end, with the addition regarding expenditures, changing
Sections 1 and 2 by making Section 1 the first section in the
existing chapter that sets up the HAC and changing Section 2 to read,
"Purposes, powers, procedures and duties of the Board shall be those
set forth in Chapter 9 of Article 10 of the Municipal Code."
Councilmember Camicia made a motion to reconsider. Councilmember
Thomas seconded the motion and it was carried by unanimous voice vote
- 4.
Councilmember Camicia made a motion to proceed as described by the
City Attorney. Councilmember Thomas seconded the motion which was
carried by unanimous voice vote - 4.
ADJOURNMENT
The meeting was adjourned at 11:30 p.m.
Respectfully submitted,
DIJflE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
December 6, 1988