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1988-02-02 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - FEBRUARY 2a 1988 The meeting convened at 8:00 pm. (at the conclusion of the meetings of the Housing Authority Commission and the Alameda Sewer Improvement Financing Corporation) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Thomas. Reverend Charles Dubbs gave the invocation. ROLL CALL - Present: Councilmembers Haugner, Thomas, and President Corica - 3. Absent: Councilmembers Camicia and Monsef - 2. MINUTES Councilmember Thomas made a motion to approve the minutes of the Special Council Meeting of January 14, 1988, Regular Council Meeting and Special Council Meeting of January 19, 1988. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 3. SPECIAL ORDERS OF THE DAY 88 -069 Presentation by Mayor of First Employee Recognition Award. President Corica presented a plaque, the Employee Excellence Award, together with a $50.00 Certificate to Carolyn Smith for her exemplary conduct in dealing with the public, commending her for her any years of service to the City and her cooperative and helpful manner to City staff. CONSENT CALENDAR Councilmember Haugner requested Item No. 1 -E, an ordinance , regarding off - street parking regulations (See 88 -092), be removed from the Consent Calendar and placed on the regular agenda. Councilmember Thomas made a motion to approve the Consent Calendar with the exception of the item noted above. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 3. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *88 -070 From Public Works Department recommending acceptance of improvements and release of bond for Tract 4307 (Clipper Cove II). Accepted. *88 -071 From City Attorney regarding clerical staffing of City Attorney's office. Accepted. FEB 2 RESOLUTIONS *88 -072 Resolution No. 11392 "Supporting the use of public facilities within Alameda as polling places and requesting staff to cooperate fully with any such request." Adopted. *88 -073 Resolution No. 11393 "Appropriating $2,000 from the General Fund Reserves for additional School Crossing Guard at the intersection of Bridgeway Road and Packet Landing Road." Adopted. ORDINANCES *88 -074 Ordinance No. 2373, N.S. "Amending the Alameda Municipal Code by adding Section 13 to Title X thereof relating to floodplain management." Adopted. BILLS *88 -075 A List of Claims certified by the Interim City Manager as correct, was approved in the amount of $1,834,553.05. RETURN TO REGULAR AGENDA On consensus of Council, the following resolution was taken out of order: 88 -076 Resolution No. 11392 "Appointing Special Legal Counsel, approving, authorizing and directing execution of an agreement for legal services, approving, authorizing and directing execution of certain installment sale financing documents, approving a purchase agreement and a preliminary official statement, and authorizing and directing certain actions with respect thereto." Coucilmember Haugner made a motion to adopt the resolution. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 3. WRITTEN COMMUNICATIONS 88 -077 From Richard J. Fox, 3220 Briggs Avenue, opposing any reduction in fire prevention personnel. Councilmember Thomas made a motion to accept the communication. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 3. 88 -078 From Stanford Shane, 470 D Cola Ballena, concerning license tax for Alameda realtors. Mr. Shane stated he believes the license tax is illegal, unfair, unjust, discriminatory and unmanageable; and would like the license tax abolished for real estate agents, otherwise, tax every employee in Alameda. FEB 2 1988 3 The Finance Director answered questions posed by Mr. Shane and suggested alternatives. In answer to Councilmember Thomas's question, the Finance Director noted that the cost for enforcement of the tax on realtors is minimal. To Councilmember Haugner's inquiry, the Finance Director responded that all cities in the area tax realtors. Following discussion, it was the consensus of Council that the Finance Director should make a report on the matter. Councilmember Thomas made a motion that the communication be accepted and the Finance Director return with a report to Council. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 3. 88-079 Charles Tillman, 2415 Roosevelt Drive, thanking Georgina Jones, Sherry McCarthy and Steve Leitz of the Recreation Department for efforts extended to the American Association of Retired People. Councilmember Haugner made a motion to accept the communication. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 3. 88-080 From John and Laurie Babjak, 58 Justin Circle, regarding the Community Architectural Committee of Harbor Bay Isle. Mr. Babjak submitted copies of letters to Council that he had received regarding the matter, stated when their house was purchased, they were informed there would be a school site, park, and fire station in the area in the very near future; that it is too far for the children to walk to parks or schools to play, and Harbor Bay Isle (HBI) is opposed to the portable basketball standard the Babjaks have placed in their driveway for their and their neighbor's children; and they would like a favorable ruling from Council in the matter. Mrs. Babjak stated that it is not a planned community for children; that she is a concerned mother; that HBI has ruled against portable standards since theirs was put up; but neighbors are in agreement with keeping them. Angela Babjak, requested they be allowed to keep the basketball standards until a park is built, and stated eleven children signed a petition. Terry Vani, 310 Holly Oak, Harbor Bay Isle Homeowners' Association, stated he would like to support the Babjaks, is a homeowner, the rules were established because it is believed that is what the homeowners wanted, but the CC&R rules are being put back before the homeowners. Bill Withrow, 133 Cumberland Way, stated the basketball standards FEB 2 .14* 34 issue is an emotional one; the Covenants, Conditions, & Restrictions (CC&Rs) are a contract, between the buyer and other homeowners, to which they are legally bound to comply; the violations regarding the standards will not be enforced pending a test of that portion of the CC&Rs during a rewrite of the CC&Rs; that if the homeowners vote for it, so be it, and if they vote against it, the standards must be cleared away. Thomas Cainey, 25 Justin Circle, stated he supports the Babjaks, in favor of the hoops; his children play there; children of the neigborhood are off the streets and in a safe place. Councilmember Haugner inquired if the City has jurisdiction in the matter, to which the City Attorney replied it has not. President Corica noted that other complaints have come to him that are similar to those of the Babjaks; would like Council to indicate to the developer that there are a large number of people objecting, who believe the portable standards should be allowed; and if the City can't do anything, would like suggestions from the City Attorney. Councilmember Thomas stated she does not like to see children walk far to a park,the CC&Rs refer to permanent, not portable, standards, that there are sites for parks, that developers should consider the apparatus until the parks are in; and made a motion to accept the communication and write to the homeowners association that they come up with a compromise until the parks are in. Following discussion, Councilmember Thomas clarified her motion was to write a letter noting that Council supports allowing the portable standards until the parks are built. Councilmember Haugner stated she could not second the motion because she would like to have Mr. Withrow's organization handle the matter as he has described. President Corica seconded the motion. The roll call vote on the motion was as follows: Ayes: Councilmember Thomas and President Corica - 2. Noes: Councilmember Haugner - 1. Absent: Councilmembers Camicia and Monsef - 2. In answer to Council inquiry regarding procedure with respect to the vote, the City Attorney stated the protocol has been to put the matter on the next agenda. Councilmember Thomas made a motion to put the matter on the next agenda. President Corica seconded the matter and the roll call vote was as follows: Ayes: Councilmember Thomas and President Corica - 2. Noes: Councilmember Haugner - 1. Absent: Councilmembers Camicia and Monsef - 2. Councilmember Haugner made a motion to accept the communication. FEB 2 Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 3. 88-081 From Stefanie Hogan and Michael J. Martin, 1530 Lafayette Street, regarding use of Alameda County Assessor's residential building records. The Public Works Director stated this letter involves the amnesty program authorized by Council in 1987 to recognize the number of units in a structure which did not correspond to the City's records; and gave the background of the matter, noting that they are now requiring a letter from the County Assessor stating what their interpretation of the County records are regarding the number of units at 1530 Lafayette. Councilmember Haugner made a motion to accept the communication. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 3. HEARINGS 88-082 Consideration of Housing and Community Development needs in Alameda. President Corica explained the nature of the hearing. The public portion of the hearing was opened. There being no stated proponents nor opponents, the following commented on the matter: Phyllis Marshall, 2855 Jackson Street, Vice-President, Social Service Human Relations Board. Clayton Guyton, 457 Buena Vista Avenue, The public portion of the hearing was closed. The Interim City Manager noted the matter will be coming back before Council in May with a statement for the projected use of these funds. Councilmember Haugner made a motion to accept the report which is part of the hearing, regarding citizens' comments on Community Development needs. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 3. REPORTS AND RECOMMENDATIONS 88-083 From Chairman, Board of Appeals, regarding the dwelling unit amnesty program. President Corica noted the Chairman of the Board of Appeals is concerned about the affect of the amnesty program upon neighborhoods. FEB 2198 Following discussion regarding possible procedures Councilmember Haugner made a motion to accept the report and recommendation to have staff research issues and report back with recommendations. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 3. 88-084 From Manager's Traffic Advisory Committee regarding left-turn signage at Park Street and Central Avenue, and Park Street and Santa Clara Avenue. Councilmember Haugner made a motion to approve replacing the existing verbalized "No-Left-Turn" signs with the logo "No Left Turn" signs. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote -3. 88-085 From President, Public Utilities Board, regarding General Manager Agreement. President Corica noted the background of the matter is that the General Manager received funding to purchase a home in Alameda, and the report from the Public Utilities Board explains what the reasoning was, that it is being done in many places, and includes great detail; and commented it would be good if the Public Utilities Board would keep Council informed so that Council will be aware of what is happening, and possibly Council will be closer to the Board in the future. John Barni, Sr., 1380 East Shore Drive, stated he read with some concern what the Board proposed and believes it is not a good policy for the City to buy a house, perhaps setting a procedure that will later be regretted. Councilmember Haugner stated the Board took the advise of Hughes, Heiss & Associates; sees no problem from a business standpoint, and nothing wrong in what the Board did. Councilmember Thomas stated she has no quarrel with what the Board did; questioned why this did not come before Council as a new policy; commented on the insurance coverage, stated liquidity of the $200,000 might be lost in a severe earthquake; that she cannot see in the Charter that the Board is authorized to make this as an investment; and would like more information, if it is an investment, compensation, or both, and what to do about it. President Corica commented that several members of the Public Utilities Board were present; and what Council would like is a little more information if the Board is going to do something different so that Council may express an opinion. Councilmember Haugner stated the General Manager's agreement was modeled after that of another city's similar contract; and that it was approved by the City Attorney. In response to Councilmember Thomas's inquiry, the City Attorney stated he approved the contract but the decision preceded the FEB 2 37 contract, and he did not review the decision to offer that benefit. Councilmember Haugner made a motion to accept the report. President Corica seconded the motion. The motion failed by the following vote: Ayes: Councilmember Haugner, and President Corica - 2. Noes: Councilmember Thomas - 1. Absent: Councilmembers Camicia and Monsef - 2. 88-086 From Finance Director submitting 1986-87 audited financial statements. Charles Tillman, 2415 Roosevelt Drive, commended Touche Ross for the audit; believes monies generated during a year should be in that year's report; commented on the Golf Course report; questioned the need of a separate audit for the Housing Authority; stated last year was the first year to meet the figures in all localities, and should be done every year. The Finance Director commented on the revenues, noting revenues generated by City Construction Improvement Tax was approximately $618,000; the Golf Course operated at a profit of $226,000; July revenues are included in unaudited figures in September and were placed back by the auditors to June; and next year it is expected the Housing Authority figures will be included in the financial statement. Councilmember Thomas moved acceptance of the report and recommendation. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 3. 88-087 From Personnel Director on procedure for evaluation of City Council appointees. (Councilmember Camicia) Anne Diament, 1409 St. Charles Street, speaking for the Concerned Citizens for Good Government, urged a fair and equitable method of evaluating the City Manager, the City Attorney and the City Clerk; and speaking as an individual citizen, stated the enactment of the special meeting two weeks ago should not be repeated. Charles Millman, 2916 Bayview Drive, stated he believes evaluation of the three officials should be an ongoing process, a procedure of evaluation would be helpful but a lengthy process, and use of consultants which is costly, is unnecessary; and commented on appropriate behavior of speakers pursuant to the Alameda Municipal Code, stating he believes speakers should come politely before Council and address their remarks only to the issue. Councilmember Thomas stated that since this is an item Councilmember Camicia requested, it should be held until he is able to attend. Councilmember Thomas made a motion to continue the matter to the next meeting. Councilmember Haugner seconded the motion and it FEB 2 was carried by unanimous voice vote - 3. RESOLUTIONS 88-088 Resolution No. 11393 "Expressing appreciation to United States Congressman Pete Stark." Councilmember Haugner made a motion to adopt the resolution. Councilmember Thomas stated the last paragraph contains the wording that Council supports any legislation authored by Congressman Stark which proposes to resolve the aircraft noise and safety issues, adding that she would not mind supporting legislation after it is read, therefore she would perhaps like to see the paragraph stricken. Councilmember Haugner suggested the wording be changed to read that Council will consider support of legislation and delete the words "supports any". Councilmember Thomas agreed. Councilmember Haugner clarified her motion to adopt includes the change of wording discussed. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 3. 88-089 Resolution No. "Approving Parcel Map No. 5321 for division of property in Alameda Marina Village, permitting recording thereof, and accepting certain dedicated easements." Don Parker, 1150 Marina Village Parkway, stated he was present to answer any questions Council might have regarding the three Parcel Maps in this and the similar resolutions (see 88-090 and 88-091). President Corica commented he has information regarding six lots Mr. Parker will be working on in the future, including when he notifies organizations about Alameda Marina Village's activities, and inquired if Mr. Parker would have any problem with notifying the Naval Air Station also of his intentions. Mr. Parker stated he would have no problem including the Naval Air Station. Councilmember Thomas noted that the resolution states the Council has reviewed the Environmental Impact Report (EIR) and stated she does not believe Council has had the opportunity to review the EIR. Councilmember Haugner moved adoption of the resolution. Councilmember Thomas stated she has not read the entire report. President Corica seconded the motion. The roll call vote on the motion was as follows: Ayes: FEB 2 611111 Councilmember Haugner and President Corica - 2. Noes: Councilmember Thomas - 1. Absent: Councilmembers Camicia and Monsef - 2. 8S-090 Resolution No. "Approving Parcel Map No. 5322 for division of property in Alameda Marina Village, permitting recording thereof." Councilmember Haugner made a motion to adopt the resolution. Councilmember Thomas stated her comments are the same as in the previous item, and will vote no. President Corica seconded the motion. The roll call vote on the motion was as follows: Ayes: Councilmember Haugner and President Corica - 2. Noes: Councilmember Thomas - 1. Absent: Councilmembers Camicia and Monsef - 2. 88-091 Resolution No. "Approving Parcel Map No. 5254 for division of property in Alameda Marina Village, permitting recording thereof, and accepting certain dedicated easements." Councilmember Haugner made a motion to adopt the resolution. President Corica seconded the motion. The roll call vote on the motion was as follows: Ayes: Councilmember Haugner and President Corica - 2. Noes: Councilmember Thomas - 1. Absent: Councilmembers Camicia and Monsef - 2. Councilmember Thomas stated her complaint is more with staff than the developer because in review of extensive material, there may be a notation to see an EIR and believes Council should either receive copies of everything, or more time for review. FINAL PASSAGE OF ORDINANCES 88-092 Ordinance No. N.S. "Amending Article 4C and related sections of Chapter 1, Title XI of the Alameda Municipal Code, relating to off-street parking regulations." John Leavitt, 1612 San Antonio, Board of Trustees, Alameda Hospital, stated hospitals are under tremendous pressure, strive for efficiency, flexibility, and for short range and long range planning; to be flexible hospitals must have flexibility of site and that is seriously hindered under the proposed ordinance parking requirements, under which Alameda Hospital would have to terminate its long range planning which extends beyond 1995; and requested that Council consider one parking place per every thousand square feet. Councilmember Haugner stated that she would like to postpone this matter until Council can look into this further. FEB 2 40 President Corica stated his initial thought was that, regarding hospitals, police stations and fire stations, some kind of exemption should be made. Councilmember Thomas stated she agreed with Councilmember Haugner, and inquired how many hospitals there are. The Planning Director responded that "hospital" in the ordinance is generic and does not have information present regarding how many facilities it would apply to; and continued to discuss detail on current requirements and possible changes. Following further discussion regarding detail and possible alternatives, Councilmember Haugner made a motion to continue this item and direct staff to work with Mr. Leavitt and the hospital and report back with information at the next meeting. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 3. NEW BUSINESS 88-093 Vice Mayor Thomas and Councilmember Haugner requested a resolution supporting the California Wildlife, Coastal and Park Land Conservation Act of 1988 on the next Council Meeting agenda. ORAL COMMUNICATIONS, GENERAL 88-094 Fred Scullin, 1120 Chestnut Street, commented on Parcel Map No. 5080, Alameda Marina Village. ADJOURNMENT President Corica adjourned the meeting at 10:35 p.m. Respectfully submitted, \ DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act.