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1988-02-16 Regular CC Minutes42 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD - - - - - - - - - - TUESDAY - - - - FEBRUARY 16, 1988 The meeting convened at 7:40 p.m. (at the conclusion of Closed Session and the Communication Improvement Commission) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Camicia. Reverend John Foley led the invocation. ROLL CALL - Present: Absent: MINUTES Councilmembers Camicia, Haugner, Monsef, Thomas, and President Corica - 5. None. Councilmember Haugner noted that the unanimous voice vote in Paragraph 88 -086 should reflect three, not five, votes; Councilmember Monsef noted his name on Page one despite his absence. The minutes as corrected were then approved by the following voice vote: Ayes: Councilmembers Haugner, Thomas, and President Corica - 3. Noes: None. Absent: None. Abstentions: Councilmembers Camicia and Monsef - 2. [due to absence at the meeting] SPECIAL ORDERS OF THE DAY 88 -095 Presentation by the Mayor of the First Mid - Management Exceptional Award created to recognize and reward middle management employees for exceptional performance beyond their normal job requirements. President Corica presented the award consisting of a plaque, cash award and dinner certificate, to Sherry McCarthy, of the Recreation and Parks Department. 88 -096 Presentation by the Mayor of proclamation month of February as COLLEGE OF ALAMEDA MONTH. President Corica announced that the month of designated as College of Alameda Month. CONSENT CALENDAR designating the February will be Councilmember Haugner made a motion to approve the Consent Calendar. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *88 -097 From Public Works Director recommending acceptance of work by 0.C. Jones & Sons for Assessment District 84 -3, Marina Village Parkway, Challenger Drive and Atlantic Avenue, Project No. 3, P.W. No. 9- 85 -31. Accepted. February 16. 1988 43 *88-098 From Public Works Director recommending continuance of Park Street sidewalk sweeping. Accepted. *88-099 From Finance Director on City's investment portfolio as of January 31, 1988. Accepted. *88-100 From Recreation and Parks Director recommending Preferential Starting Time Reservation System for Alameda resident golfers. Accepted. RESOLUTIONS *88-101 Resolution No. 11394 "Awarding contract to P & F Construction, Inc. for Construction of Wheelchair Ramps at various locations, Phase 6, No. P.W. 12-87-25." Adopted. *88-102 Resolution No. 11395 "Awarding contract to McGuire and Hester Associates for Construction of Clinton-Park-Otis Sanitary Sewer Project, Phase II, No. P.W. 5-87-11, with recommendation to permit the City Engineer to grant extension of time if required." Adopted. *88-103 Resolution No. 11396 "Adopting plans and specifications for the repair of Portland Cement Concrete Sidewalk, Curb, Gutter, and Driveway for Fiscal Year ending June 30, 1988 and June 30, 1989, calling for bids and directing City Clerk to advertise same." (No. P.W. 2-88-4) Adopted. *88-104 Resolution No. 11397 "Authorizing renewal of existing landscape maintenance contract with Cagwin & Dorward, landscape engineering contractors, with certain modifications, and authorizing execution of renewal of agreement." Adopted. *88-105 Resolution No. 11398 "Authorizing open market purchase of Recreation and Parks Department supplies." Adopted. *88-106 Resolution No. 11399 "Authorization to execute agreement with the State Coastal Conservancy accepting grant of up to $40,000. to prepare an enhancement plan for the Bayview shoreline area." Adopted. BILLS *88-107 A List of Claims, certified by the Interim City Manager as correct, was approved in the amount of $1,597,157.18. WRITTEN COMMUNICATIONS 88-108 From Alameda Chapter, Church Women United, 1727 Cambridge Drive, supporting Mayor Corica's position with regard to the protection of the children of our community. Councilmember Monsef made a motion to accept the communication. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 88-109 From Richard Thomas, 1300 Hansen Avenue, urging Council to February 16, 1988 44 seek help regarding the selection process for a new City Manager. Councilmember Thomas made a motion to accept the communication. Councilmember Monsef seconded the motion. Councilmember Haugner noted Mr. Thomas's letter suggested hiring an advisor/consultant to help determine a new City Manager; she would like Council to consider Mr. Thomas's request and three options that the Interim City Manager presented in a memo: 1) that Council do it themselves, 2) that a firm do the whole process, and 3) that Council use a firm to screen. President Corica stated there would be time before all applications are in and it is up to Council which way they would like to go. Councilmember Camicia stated the best way may be to use a consultant/headhunter; Council should explore options available; and suggested contacting firms to ask for proposals or bids on how Council should go through this process, then make a decision. President Corica stated he had no problem getting someone to screen. The motion to accept the communication was carried by unanimous voice vote - 5. Councilmember Camicia requested a report at the next meeting to explore a number of firms and come up with requests for proposals. 88-110 From George Gadsby, 1519 Park Street, regarding conduct of certain Councilmembers. Mr. Gadsby addressed Council concerning what he believes to be problems with conduct of Councilmembers, and also noted that the Interim City Manager does not have an assistant. Councilmember Monsef made a motion to accept the communication. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 88-111 From Mrs. Marion F. Miller, 2043 Eagle Avenue, regarding demeanor of City Councilmembers. Mrs. Miller stated her letter suggested a management consultant be used to assist Council. Councilmember Camicia made a motion to accept the communication. Councilmember Haugner seconded the motion. Councilmember Haugner stated she contacted Marilyn Snider, a facilitator who has worked with Oakland and San Jose Councils and the City's Recreation & Parks Department, and suggested Council work with a facilitator. President Corica stated he believes it can be handled among the Councilmembers. Councilmember Camicia stated he would like to accept the February 16, 1988 ;45 communication and request staff, for the next meeting, to put together a list of consultants, and ask them for a request for proposals. The motion to accept the communication was carried by unanimous voice vote - 5. 88-112 From Reverend Wilfred H. Hodgkin, 1036 College Avenue, regarding a matter of spiritual importance to the life of our community. Reverend Hodgkin addressed Council on the need of self-examination before God and then continuing service with wisdom and fairness. Salvatore Monaco, 2450 Otis Drive, requested the January 19th meeting be left behind and that Council and all Alameda citizens move ahead. Councilmember Camicia made a motion to accept the communication. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 88-113 From Charles A. Millman, 2916 Bayview Drive, requesting enforcement of the Alameda Municipal Code regarding Council meeting procedure. Mr. Millman stated the Code contains proper conduct for audience and Council at meetings and he would like to see enforcement of the Code. Councilmember Camicia made a motion to accept the communication. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 88-114 Vacation of a sanitary sewer easement and a portion of an additional sanitary sewer easement located within the Alameda Marina Village Development. President Corica explained the procedure of the meeting. The Public Works Director explained the background of the matter. The public portion of the meeting was opened. There being no proponents nor opponents, the public portion of the hearing was closed. Councilmember Camicia made a motion to accept the recommendation [to order the vacation]. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Camicia moved that the resolution be taken out of order. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 88-115 Resolution No. 11400 "Ordering the vacation of a portion of a 12.5' sanitary sewer easement located within the Alameda Marina February 16, 1988 46 Village Development." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 88-116 From Chairman, Historical Advisory Commission, regarding review of remodeling plans for City Hall prepared by Swanson Associates Team. David Plummer, 1401 High Street, member, Historical Advisory Commission, noted Swanson & Associates cost much less than their competitors in the selection process and indicated that should be considered when reviewing the request for $38,000 [$38,800]. President Corica noted it would cost $38,000 [$38,800] for inclusion of the attic in this phase of the work; that restoration of City Hall is not his highest priority. Councilmember Haugner stated the fourth floor provides a great deal of additional square footage, there is not enough room in the building for necessary office space, believes it better to use the fourth floor than to go to another building and in the long run would be of benefit; and something must be done for earthquake protection. Councilmember Thomas stated she agrees with Councilmember Haugner that it would be better to go ahead at this time, believes the work of the Swanson team is excellent; and would like a clause in the contract that if Swanson & Associates does not continue to meet financial obligations on which she has judgments and liens, that would be a ground for withdrawing from the $38,000 [$38,800] portion of the contract. The Assistant City Manager stated staff intends to report to Council at the next meeting with the mid-year adjustment, identify where the $38,000 would come from, and include the language Councilmember Thomas requested in the contract. Councilmember Monsef stated the design for structural integrity of the building is in process and is the majority of the work being done; believes the attic should be included at this time as it would be more expensive later; and therefore supports the recommendation. Councilmember Camicia made a motion to accept the recommendation, Councilmember Monsef seconded, and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and Thomas - 4. Noes: President Corica - 1. Absent: None. 88-117 From Interim City Manager regarding meter free Saturday parking. Diane Coler-Dark, 2887 Jackson Street, Park Street Business Association, stated she had several petitions from merchants in favor of maintaining the meter-free Saturdays, requested new stickers [tagging] to identify the hours, and thanked Council for February 16, 1988 47 past support. Councilmember Haugner stated she believes the request is reasonable and is in favor; and asked clarification that Park Street wants the meter free arrangement but Webster Street does not, to which the Public Works Director responded that is correct. Councilmember Haugner made a motion to continue the meter free Saturday parking until the end of the fiscal year. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. In response to Councilmember Haugner's inquiry, the Public Works Director noted staff would take care of the tagging. 88-118 From Community Development Director regarding City Council's review of Homeowners' Associations' Conditions, Covenants and Restrictions. Don Curtis, 54 Justin Circle, questioned, if Council and developer do not provide the park and school on the Master Plan, is it right for Conditions, Covenants and Restrictions (CC&Rs) to be enforced. Angela Babjak, 58 Justin Circle, repeated her speech regarding the importance of the basketball standards for the children for the benefit of Councilmembers who were absent from the last meeting. Laurie Babjak, 58 Justin Circle, submitted material to Councilmembers absent from the last meeting, noted the 45 minute walk to a park is too far for little children to walk; believes the City should take a strong position in making the developer provide recreational facilities for the children, and requested Council's support. Keri Clark, 937 Fountain Street, Executive Director of the Community of Harbor Bay Isle Owners' Association, stated the Association is governed by homeowners not developers; CC&Rs are a contractual matter, the City does not have jurisdiction, the Board decided the CC&Rs must be reviewed, mechanism exists to amend, they have agreed to postpone the enforcement of the Babjaks' standard until the issue can be brought to a vote of the homeowners; and urged Council to allow them to continue with their process and leave the issue in the hands of the Association and the people responsible for the document. President Corica stated that, if Council agrees, he believes a letter should be written saying perhaps it would be in the best interest of residents to eliminate the ruling on portable basketball hoops. Councilmember Haugner stated because violations regarding the standards will not be enforced at this time and the City has no jurisdiction in the matter, that should take care of the problem, and Council should not get involved in something where it should not be. Councilmember Thomas agreed Council does not have jurisdiction to enforce existing CC&Rs but that does not preclude Council from reviewing CC&Rs for future homeowners' associations; and would like to write a letter to homeowners' associations asking them not to enforce taking away standards for children until the parks are built. February 16, 1988 48 Councilmember Monsef stated he did not believe Councilmember Thomas's request is unreasonable. Councilmember Thomas made a motion that Council write a letter to the Community Association and request they not enforce removal of portable basketball standards until the developer provides the parks that have been promised. Councilmember Monsef seconded the motion. Councilmember Camicia stated it has been noted no enforcement would be taken, there are reportedly about 125 people active in determining the direction of their community; believes there is a danger when a government agency begins to intervene; the people are doing a good job and Council should keep out of it. The motion was carried by the following voice vote: Ayes: Councilmembers Monsef, Thomas, and President Corica - 3. Noes: Councilmembers Camicia and Haugner - 2. Absent: None. 88-119 From Public Works Director on neighborhood notification feasibility under the existing Dwelling Unit Amnesty Program. Don Patterson, 1256 Sherman Street, Vice-President, Alameda Board of Realtors, stated the board agrees with the Public Works Director's report, and that this is a factual determination. Councilmember Monsef made a motion to accept the recommendation. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 88-120 From Personnel Director on procedure for evaluation of City Council appointees. (Continued from February 2, 1988, Council Meeting) Richard Roth, 1417 Fifth Street, Concerned Citizens for Good Government, stated the group encourages Council to develop and follow a procedure for evaluation of the three appointees. Councilmember Camicia stated he requested this be on the agenda because he believes it is standard practice for business and government entities to establish a series of criteria; believes Council should request other communities performance evaluations, come up with a form or set of criteria that can be applied to the three employees; and it need not be complicated. Councilmember Haugner stated if people know what is expected of them, it would be very helpful; it appears that other communities do it, and she would like to see that something is done. Councilmember Thomas stated she believes it important to evaluate the three officials, has taken time for one-to-one discussions, but there can be legal problems when fixed evaluations and criteria are established for an at-will employee; and she does not wish to run the risk of possibly establishing a contract relationship. Councilmember Camicia stated it is Council's responsibility to set goals and objectives, and so must establish criteria for evaluation; February 16, 1988 49 there should be communication, and Council should sit down and state what it thinks is done well and what it does not think is done well. Councilmember Thomas agreed and stated it could be done informally. Councilmember Camicia stated he did not want to do it informally. Councilmember Thomas stated if there is formal criteria, it may elevate an at-will relationship to a contractual one. Councilmember Haugner stated she would like to explore what other communities do. President Corica stated he has no problem seeing what other cities do; does not believe a score sheet or form should be used; Council works very closely with the three persons; will go along with the evaluation but believes it should be left up to each Councilmember. Councilmember Monsef stated he does not oppose looking into what other cities do, and that budget time is the best time to talk to individuals to give opinion on performance and perhaps job mission. Councilmember Camicia made a motion to explore what other communities do in regard to this matter and for a report to come back at a future meeting with some options. Councilmember Camicia clarified that it would be acceptable to include Councilmember Monsef's suggestion regarding budget time for review. Councilmember Haugner seconded the motion. The motion was carried by unanimous voice vote - 5. 88-121 From Chief of Police regarding construction of a "Type I" jail facility. President Corica stated the report describes different types of jails that the City could use. The Chief of Police, in response to Councilmember Haugner's question regarding Oakland's facility, noted Oakland has a 350-bed facility which closes on most busy weekends and any three-day weekends; prisoners must be transported to Santa Rita, and the Police Department does not have staff to do that; it takes a great deal of time to wait in line with other enforcement agencies. In response to Councilmember Camicia's inquiry, the Chief of Police responded that the detective juvenile area and the Communication Center would be moved to the third floor if a jail facility is not built, that a construction feasibility study would be necessary to determine where a jail facility should be fit in; and further detailed what would need to take place. Upon Councilmember Thomas' inquiry regarding what funding is available, the Chief noted that monies are available now only if a large facility is built which would also house state parolees, and noted there is funding for the County in bails, fines and parking enforcement money, but cities do not have a way to tap those funds. February 16, 1988 Following further discussion on details of funding, and parolees, Councilmember Thomas stated that if there is any way to get State Funding the matter should be explored. Councilmember Monsef inquired if there has been a study on adequacy of existing foundation for taking more loads, to which the Public Works Director stated they must first determine loads needed for the jail, and can find out if the existing foundation can bear the loads. Councilmember Monsef stated he believes the report is very good, the jail will be cost effective over the years, and made a motion to accept the recommendation. Fred Scullin, 1120 Chestnut Street, stated several reasons in favor of a jail in Alameda. Gerhard Degemann, 19 Sandpiper Place, stated he would support a local jail in Alameda. John Scott Graham, 1728 Tregloan Court, made suggestions regarding the housing of the Police Department. Councilmember Thomas requested that the Historical Advisory Commission determine whether the garage in City Hall parking lot has historic value. Councilmember Monsef resubmitted his motion to accept the recommendation, and to include Councilmember Thomas's request for a report from the Historical Advisory Commission regarding the garage. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 88-122 Resolution No. 11401 "Supporting the California Wildlife, Coastal and Park Land Conservation Act of 1988." Councilmember Haugner made a motion to adopt the resolution. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 88-123 Resolution No. 11402 "Awarding contract for fixed asset inventory and appropriating funds thereto." Councilmember Monsef made a motion to adopt the resolution. Councilmember Camicia seconded the motion. Councilmember Thomas suggested the resolution be adopted with an amendment that a re-allocation be done to distribute proportionate shares of inventory cost according to amount of time to take inventory. Councilmembers Monsef and Camicia agreed to incorporate the suggestion into the motion. It was carried by unanimous voice vote -5. February 16, 1988 51 88-124 Resolution No. 11403 "Approving Parcel Map No. 5080 for division of property in Alameda Marina Village, permitting recording thereof, and accepting certain dedicated parcel for park." Randy Cate, 1311 Webster Street, No. E-315, Environmental Officer, Naval Air Station, stated that the position of the Naval Air Station Alameda is basically that the Navy is not opposed to any development as long as it meets the guidelines of the Air Installation Compatible Use Zone (AICUZ) plans for the Navy; and this is incorporated into the safety element of the plans for the City of Alameda, however the safety element does not contain the latest revision of the AICUZ for the Navy. Councilmember Camicia inquired if there is a representative of the developer present who could state if they plan to build in compliance with the AICUZ. Joseph Seiger, Alameda Marina Village Associates, stated they do not believe there will be any problem with meeting the Navy's request and is appreciative of the Navy representative's being present. Councilmember Camicia made a motion to adopt the resolution. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 88-125 Resolution No. 11404 "Approving Parcel Map No. 5321 for division of property in Alameda Marina Village, permitting recording thereof, and accepting certain dedicated easements." Councilmember Camicia made a motion to adopt the resolution. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 88-126 Resolution No. 11405 "Approving Parcel Map No. 5322 for division of property in Alameda Marina Village, and permitting recording thereof." Councilmember Haugner made a motion to adopt the resolution. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 88-127 Resolution No. 11406 "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. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 88-128 Resolution No. 11407 "Approving Parcel Map No. 5274 for division of property in Harbor Bay Business Park, permitting recording thereof, and accepting certain dedicated easements." Aidan Barry, 1141 Harbor Bay Parkway, Project Manager for Harbor Bay Isle Associates, requested Council's approval of Parcel Map 5274. Fred Scullin, 1120 Chestnut Street, urged Council to withhold action February 16, 1988 52 on Parcel Map 5274 until Harbor Bay Isle (HBI) takes steps to provide a fire station. Councilmember Thomas stated this is part of Tentative Map for Tract 4500, does not believe the 1974 Environmental Impact Report is adequate; Parcel T, block 7 appears to be a 4 acre interior park site and Council should approve Parcel Map 5274 on the condition that the developer come back with the Final Map dedicating Parcel T, block 7, to the City of Alameda within three months time, and file the Final Map within three months time. Councilmember Thomas so moved and Councilmember Monsef seconded the motion. Councilmember Camicia questioned if the City can legally tie a park on a Final Map to the Parcel Map. The City Attorney stated, in light of past practices, he sees no reason why, where there are conditions on the tentative map to which a timetable is not attached, that there is anything wrong with putting the trigger on any particular Final or Parcel map for implementing a condition. James Davis, 1134 Ballena Boulevard, attorney for Harbor Bay Isle Associates, stated there is no condition in this map for a public park; and there is a forty acre settlement agreement being worked on at the present time which does not involve this piece of property. Councilmember Thomas stated it is on the tentative map; and Council may choose to use that land for a park or perhaps a fire station, because it was indicated it would be used for public land dedication. Mr. Davis stated there is to be a legal determination on the public land dedication. Following an extensive discussion regarding the appropriate location to be taken for a park and legal questions involved in the settlement agreement, the City Attorney in answer to President Corica's inquiry stated he does not know yet if there is any illegal action being taken because he has not yet reviewed all the material. Discussion continued regarding the possible legal issues involved. In response to President Corica's inquiry regarding the necessity of immediate filing of the map, Mr. Davis replied the map must be recorded to sell parcels for child care and senior housing facilities, the initial presentation has been made to the Planning Board regarding the issues of the public lands, fire station, and school park sites in accordance with contract, and briefs and packets are being submitted to the City Attorney regarding the Appeal. Further discussion ensued regarding the map, the briefs on Appeal, and the amount of land left to be claimed by Council. The City Attorney, in response to Councilmember Monsef's inquiries, stated he cannot give an answer on whether or not the four and one-half acres would need to be given back if Council puts it on the February 16, 1988 53 map, because he needs to review the material, and placing a condition on the map tonight would not prevent the developer from recording. In response to Councilmember Camicia's inquiry, the City Attorney stated he did not believe the Normandy lawsuit is comparable and this is more complex; it does not turn on the validity of the action as it does on the impact of the contract. Councilmember Camicia stated perhaps Council should hold off on this matter until it receives some answers, as he does not know if this is legally viable or not. Councilmember Thomas stated she is not comfortable with the EIR. The motion was clarified to be that the developer was to dedicate Parcel T, block 7, as public land in three months time and come back with the Final Map within three months time. The City Attorney clarified this Map is being approved, and a condition is added that another Final Map be filed on Parcel T, block 7, and there is three months time in which the condition can be enforced or not enforced. Councilmember Haugner asked clarification that a certain area is being chosen and that it is suggested it can be negotiated later, to which the City Attorney responded that there is apparently a specific parcel identified on the tentative map, and that the tentative map would need to be amended if there was a trade made. The motion was carried by the following voice vote: Ayes: Councilmembers Monsef and Thomas, and President Corica - 3. Noes: Councilmembers Camicia and Haugner - 2. Absent: None. 88-129 Resolution No. 11408 "Appointing Joseph Camicia and Hadi Monsef, Member and Alternate respectively, to the Waste Management Authority. President Corica clarified that Councilmember Camicia has been on the Solid Waste Management Authority since July, and has found it necessary to be absent during November, December and January. Councilmember Camicia stated he would like to see if someone else is interested in taking his place, as it is difficult for him to take the meetings due to his working in San Francisco. President Corica suggested perhaps the names could be reversed. Councilmember Monsef stated he would be willing to be the member if Councilmember Camicia would be the alternate. Councilmember Camicia agreed that would be a good idea. Councilmember Camicia made a motion to adopt the resolution with the change noted. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES February 16, 1988 54 88-130 Ordinance No. N.S. "Authorizing execution of amendment to Tidelands Lease with Fortmann Basin, Ltd. to include the addition of a 0.101 acre parcel." (Requires 4/5ths vote) Richard Crosson, 1535 Buena Vista, Fortmann Marina, Ltd., stated that inadvertently an overage of berths into the tidelands has occurred, and is requesting a modification of the Tidelands Lease. Michael H. Cheney, 6630 Heartwood Drive, Oakland, explained step by step the procedure followed and the error that resulted in the overage; and the Corps of Engineers has approved the current location. John George Denham, 2749 Grande Camino, navigation expert, stated the mainship channel is clear, it is not a water-skiing area, and does not believe the piers interfere with navigation or create any hazard. J. Paul Gutleben, 2844 San Jose Avenue, requested that the matter be postponed for another thirty days to get more information, and he believes it is a hazard to navigation. The Public Works Director noted the construction of the docks was undertaken without a building permit; upon application it was found the docks did not comply, there was a request to modify, and was then presented to Council; and it is outside the channel boundary. To Councilmember Thomas's inquiries, the Public Works Director responded they were granted neither a building permit or conditional use permit. Councilmember Thomas commented the City Attorney has previously informed Council that there is a question regarding another marina separate from this in which there is a question about whether or not there can be marina berths in any zones other than a "0" zone without a conditional use permit, and she does not believe either one should be treated differently, and that issue should be resolved first to see if a conditional use permit is needed, in which case it would go through the Planning Board process. The City Attorney stated there is nothing here indicating zoning and it probably should be referred to the Planning Department to which the Public Works Director noted it has been to the Planning Department already. The City Attorney stated perhaps it should be put over two weeks. Councilmember Camicia requested that, within the two weeks, there be a determination from a professional as to whether or not this is a threat to navigation. Councilmember Haugner moved that staff be directed to get some information on both the safety and the entire matter, and present it to Council at the next meeting. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 88-131 Ordinance No. , N.S. "Amending the Alameda Municipal February 16, 1988 55 Code by amending various sections of Article 1, Chapter 3, Title XI thereof, relating to rules and regulations governing the planning and subdividing of land and the filing and approval of subdivision maps." Councilmember Thomas made a motion to introduce the ordinance. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 88-132 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." (Continued from February 2, 1988, Council meeting) President Corica announced that the final passage of this ordinance has been put off until the next meeting. UNFINISHED BUSINESS 88-133 Spectator (Sebago) Appeal. President Corica noted there has been a communication from Marin County alerting the City to the fact that the California Assembly passed Bill AB2093 which limits vending machine sales of pornographic materials to areas where children are not allowed; this will be heard by Senate Judiciary Committee and Council has been asked to contact our State Senators. Councilmember Camicia suggested perhaps it would be appropriate to schedule a resolution supporting AB2093. President Corica agreed that is what should be done. Councilmember Haugner stated she would like some information as to how it affects this case. The City Attorney commented he would not like to have the City's ordinance preempted, but he believes that only the Penal Code is being addressed, regarding harm to minors, which would not preempt. President Corica stated he believes Council should adopt a resolution and write individual letters to the Senators that serve on the Committee. Councilmember Monsef noted he wants the Spectator (Sebago) case to go to Appeal. The City Attorney stated he had communications from Mr. Chanin the attorney for the Spectator (Sebago), the City does not yet have notice, discussed the attorneys fees involved, and described the steps that must be taken through the various courts. Councilmember Haugner requested the cost to the City in pursuing the case, to which the City Attorney described the various costs and possibilities that would affect the amount. February 16, 1988 56 Councilmember Monsef made a motion to appeal. Councilmember Thomas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Monsef, Thomas and President Corica 4. Noes: Councilmember Haugner - 1. Absent: None. NEW BUSINESS 88-134 Consideration of a nomination to the Historical Advisory Commission. President Corica nominated Paul Breitkopf. The nomination was seconded by Councilmember Camicia and agreed unanimously by consensus of Council. ORAL COMMUNICATIONS, GENERAL 88-135 Richard Roth, 1417 - 5th Street, expressed concern regarding Off-Site Parking Regulations: Section 11-14C7(a) 1 and 2 (See Paragraph 88-132); driveway widths; and parking in non-residential zones. Councilmember Thomas requested staff address Mr. Roth's concerns when the ordinance comes back before Council. 88-136 David Walker, 1921 Schiller Street, Chairman of the Board, The Enigma Group, Alameda, discussed his letter dated February llth requesting Council's support on March 1st, (Resolution of Endorsement), in securing a Federal Government Contract. 88-137 Fred Scullin, 1120 Chestnut Street, stated that he believes the Interim City Manager should have assistance. Mr. Scullin also suggested that Council instruct the City Attorney to complete his review of the Harbor Bay Isle issue as soon as possible. President Corica commented that the Interim City Manager's salary should be amended and placed on the next agenda; or at a Special Meeting prior to the 1st of March. ADJOURNMENT Councilmember Camicia requested the meeting be adjourned in memory of Richard W. Lantz who was very active in the Alameda Rotary Club, the the Alameda Boys Club, Alameda Council Navy League and many other organizations. President Corica adjourned the meeting in his memory at 11:15 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.