1988-04-05 Regular CC Minutes91
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY APRIL 5, 1988
The meeting convened at 7:40 p.m. (at the conclusion of the Closed
Session to discuss Berry v. City of Alameda and Wilkes v. City of
Alameda, and the meeting of the Housing Authority Commission) with
President Corica presiding. The Pledge of Allegiance was led by
Councilmember Camicia. Reverend Charles Dubbs gave the invocation.
ROLL CALL - Present: Councilmembers Camicia, Haugner, Monsef,
Thomas, and President Corica - 5.
Absent: None.
MINUTES
Councilmember Haugner made a motion to approve the minutes of the
Special Council Meeting of March 9, 1988, the Regular Council
Meeting of March 15, 1988, and the Special Council Meeting of March
22, 1988. Councilmember Monsef seconded the motion and it was
carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilmember Haugner commented concerning Resolution 1-N (See
*88-229) regarding Alameda's Public Health Center, that she
supports the Public Health Center but she must vote no because
there is no one present from the Social Service Human Relations
Board to address her questions regarding the resolution, a portion
of which she questions.
Councilmember Monsef made a motion to approve the Consent Calendar,
noting a "no" vote by Councilmember Haugner on Item 1-N (*88-229).
Councilmember Haugner 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
*88-216 From Public Works Director recommending change of title of
one Construction Inspector position to Street Maintenance Inspector
Supervisor. Accepted.
RESOLUTIONS
*88-217 Resolution No. 11428 "Recognizing 'National Community
Development Week' and encouraging Alameda citizens and
organizations to participate in activities that address local
Community development needs." Adopted.
*88-218 Resolution No. 11429 "Supporting the efforts of the
Alameda Licensed Family Day Care Association and declaring the week
of April 10-16, 1988, as the Week of the Young Child in Alameda."
Adopted.
April 5, 1988
92
*88-219 Resolution No. 11430 "Supporting the declaration of the
Governor of the State of California and declaring the month of
April, 1988, as Earthquake Preparedness Month in the City of
Alameda." Adopted.
*88-220 Resolution No. 11431 "Accepting Dedication of Public
Utility Easements from the Alameda Housing Authority to the City of
Alameda at Atlantic Avenue and Webster Street and at Atlantic
Avenue and Constitution Way." Adopted.
*88-221 Resolution No. 11432 "Adopting plans and specifications
and calling for bids for San Antonio Avenue Sanitary Sewer
Replacement, No. P.W. 10-87-23, and directing City Clerk to
advertise same." Adopted.
*88-222 Resolution No. 11433 "Ordering vacation of existing Grant
of Easement and Right-of-Way for Pump Station within Parcel 3,
Parcel Map 4497, and acceptance of a new Grant of Easement and
Right-of-Way for Pump Station within Parcel 3, Parcel Map 4497."
Adopted.
*88-223 Resolution No. 11434 "Resolution of Intention to Vacate
Portions of a Sanitary Sewer Easement and an Electrical Easement
Located within Tract 5716 in the Alameda Marina Village
Development, fixing date and time for a public hearing, and
ordering publication and posting of notice." Adopted.
*88-224 Resolution No. 11435 "Awarding Contract to M.F. Maher,
Inc. for the repair of Portland Cement Concrete sidewalk, curb
gutter, and driveway for Fiscal Years ending June 30, 1988 and June
30, 1989, No. P.W. 2-88-4 and authorizing execution thereof."
Adopted.
*88-225 Resolution No. 11436 "Awarding Contract to Western-Allied
Service for Mechanical Systems Maintenance in various City
Facilities for Fiscal Years 1987-88 and 1988-89, No. P.W. 7-87-16
and authorizing execution thereof." Adopted.
*88-226 Resolution No. 11437 "Authorizing application to Office of
Criminal Justice Planning for a Community Crime Resistance Program
Grant Award." Adopted.
*88-227 Resolution No. 11438 "Authorizing execution of agreement
between the Alameda Police Department and Department of California
Highway Patrol for training." Adopted.
*88-228 Resolution No. 11439 "Authorizing open market purchase of
five police vehicles for the Police Department." Adopted.
*88-229 Resolution No. 11440 "Supporting Alameda's Public Health
Center." Adopted. Ayes: Councilmembers Camicia, Monsef, Thomas
and President Corica - 4. Noes: Councilmember Haugner - 1.
Absent: None.
*88-230 Resolution No. 11441 "Authorizing execution of amendment
to service agreement with Industrial Employers and Distributors
April 5, 1988
93
Association." Adopted.
*88-231 Resolution No. 11442 "Resolution of Appreciation to
Volunteers for the City of Alameda." Adopted.
FINAL PASSAGE OF ORDINANCES
*88-232 Ordinance No. 2378, N.S. "Amending the Alameda Municipal
Code by amending Section 11-319.2(a) 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." Adopted.
BILLS
*88-233 A List of Claims, certified by the Interim City Manager as
correct, was approved in the amount of $2,259,950.49.
RETURN TO REGULAR AGENDA
Councilmember Thomas made a motion to take the resolution regarding
a Board appointment out of order. Councilmember Haugner seconded
the motion and it was carried by unanimous voice vote - 5.
*88-234 Resolution No. 11443 "Appointing Marjorie Rose as a member
of the Social Service Human Relations Board." Adopted.
Councilmember Monsef made a motion to adopt the resolution.
Councilmember Thomas seconded the motion and it was carried by
unanimous voice vote - 5.
The City Clerk administered the oath of office to Marjorie Rose.
WRITTEN COMMUNICATIONS
88-235 From the Alameda Board of Realtors, 2420 Webb Avenue,
requesting change of procedure in amnesty program regarding
determination of number of legal units in a structure.
Nicole Byers, 2233 Santa Clara, stated there is confusion in the
approval/disapproval of documentation; individual interpretation
has entered into the procedure; and believes there needs to be a
liaison so that there will be better interpretation.
Linda Soulages, 2846 Van Buren Street, Alameda Board of Realtors,
stated the Board would like the City to accept County records as to
the number of dwelling units, suggested setting up procedures for
the amnesty program in the same spirit it was originally designed,
and requested Code compliance not be required as it would defeat
the program's purpose.
Joey Winters, 2233 Santa Clara Avenue, stated she is addressing
1512 Sherman Street, where the property is vacant, because the City
does not believe it is two units although neighbors can attest that
it has been two units over thirty years; and requested the program
be cleared up quickly.
April 5, 1988
94
Don Patterson, 1256 Sherman Street, Alameda Board of Realtors,
stated he believes the program is workable; that if the owner
agrees with the number of units in the County records, there is no
need to make a deposit and go through a process of inspection and
no need for Code compliance.
President Corica noted that a memorandum from the Fire Department
states the inspection being made is a good one because there are
some units which do not have smoke detectors, have unvented heaters
in a bedroom, etc.
Mr. Patterson replied that if the City desires Code compliance, it
should be for all structures, not just for someone who comes forth
to verify the number of units in a structure.
President Corica agreed that there should not be only one group
singled out.
Councilmember Haugner noted that Lt. McKinley, Fire Department,
stated some tenants do not have power to correct these hazards,
some are afraid to report them on their own and Lt. McKinley
indicated he is willing to work on this matter.
The Public Works Director responded with suggestions for
alternative approaches to the program.
The City Attorney stated there should not be a non-enforcement
policy, even though there can be discretion exercised.
Councilmember Monsef inquired of the Public Works Director if his
recommendation is to go ahead and make the inspection, to which the
Public Works Director replied that the process, with an agreement
with the Board of Realtors, was to bring the structures up to the
Code at the time they were constructed.
Councilmember Monsef stated it would not be possible to know if the
safety codes are being met unless there is an inspection.
Councilmember Haugner agreed with Councilmember Monsef and noted
that life safety is involved.
Councilmember Camicia stated he would abstain from voting because
of his ownership of a unit.
Councilmember Monsef made a motion to accept the recommendation of
the Public Works Director [to retain the existing procedures].
Councilmember Haugner seconded the motion, and it was carried by
the following voice vote: Ayes: Councilmembers Monsef, Haugner,
and President Corica - 3. Noes: None. Abstentions:
Councilmembers Camicia and Thomas - 2.
88-236 From Carol B. Layton 1210 Ninth Street, regarding child
care in the City of Alameda.
Lisa Flanagan, 2857 Jackson Street, President, Alameda Business &
April 5, 1988
Professional Women, urged Council vote to refer the proposal to the
Community Development Department.
Robin Fuller, 1522 Paru Street, Business & Professional Women,
stated there is a critical shortage of child care in Alameda, and
believes it is timely for the Council to undertake a comprehensive
child care program.
Ayn Hsu, 3025 Gibbons, Alameda Family Day Care Association, stated
she is encouraged to see the proposal; that many organizations are
willing to support child care including such places as Bank of
America, and would like a little more public awareness and input.
Carol Layton, 1210 Ninth Street, stated the Child Care Center in
her proposal would be a support for child care providers; children
are not being sheltered properly, particularly those who become
ill; with Mayor Corica's help, she outlined the Center to the
management of Gersten Management Corporation who are interested in
pursuing the topic; a meeting sponsored by Mayor Corica, for
information and formation of a Child Care Center will be held on
Thursday, April 14, 1988, at 4:00 p.m. in Council Chambers, open
to the public, and requested the proposal be recommended to the
Community Development Department for coordination of efforts.
Mary Dame, 1901 Shore Line Drive #206, stated her concerns;
volunteered to assist in the child care program and is impressed
that the proposed program includes care of older children, ill
children and others, and requested Council support the program.
President Corica thanked Mrs. Layton for her efforts; stated it
is a step all of Council is interested in; that the Gersten
Company is interested in providing a building and some seed money
to get the program started; and is very happy that the City and
organizations are moving forward toward comprehensive services for
child care.
Councilmember Haugner stated she agreed with President Corica,
commended Mrs. Layton, and noted child care is a community issue.
Councilmember Monsef agreed with President Corica and Councilmember
Haugner, stated the report was very good and made a motion that the
Council refer this matter to the Community Development Department,
and request a report. Councilmember Thomas seconded the motion and
it was carried by unanimous voice vote - 5.
88-237 From Tom Eischeid, 3254 Garfield, proposing that the City
Council hire a large, prestigious management consulting firm for
our City Council.
Charles Tillman, 2415 Roosevelt Drive, stated he would accept the
word "prestigious" in the letter but not the word "large," because
a small firm may be better than a large prestigious organization,
and a capable small firm should be permitted to submit a proposal.
Councilmember Camicia made a motion to accept the communication.
Councilmember Haugner seconded the motion and it was carried by
April 5, 1988
96
unanimous voice vote - 5.
88-238 From Joseph M. Sullivan, 3221 Liberty Avenue, requesting
Council consider allowing the Portola Triangle be used for building
homes instead of a park.
Mr. Sullivan read his letter which suggested the Portola Triangle
be sold by the City for the building of homes, stated that instead
of putting money into the property, funds could be received from
it, and another park is not needed in that area.
Charles Millman, 2916 Bayview Drive, stated Mr. Sullivan has a
practical solution.
Paul Gutleben, 2844 San Jose Avenue, stated he supports Mr.
Sullivan's suggestion, that it is the best he has heard yet.
Councilmember Monsef requested the background of the property and
consideration of its sale, be given.
The Planning Director stated in 1986, there was a proposal to
evaluate subdivision of the property for construction of single
family homes; the preliminary plan was for a proposed division of
property to sell as individual lots and the Planning Board felt the
disposition should be for open space or other civic use and was not
proper to subdivide.
Councilmember Thomas stated that because it is inconsistent with
the General Plan, perhaps it should be considered when the Plan is
addressed, and perhaps there are problems in the beach area that
should be resolved before having more people live there.
Councilmember Haugner stated that by using it as a park the City
would retain it and in the future, it could be something different.
Councilmember Camicia stated that perhaps rather than proceeding
with EBMUD landscaping, perhaps Council should wait, explore
options, see if the first library site works out and if not, then
this would be an option.
Councilmember Thomas noted this is still zoned open-space and a
library cannot be placed there until it is rezoned; it is
inconsistent with the General Plan; and until the General Plan is
updated, it does not appear it can be rezoned.
Councilmember Camicia stated the money should not be spent at this
time, and rezoning could possibly be done if people believe a
library can be placed there.
Councilmember Haugner requested the vote on March 15, regarding the
Portola Triangle landscaping, be given.
The Clerk read the motion and the vote which was unanimous.
Councilmember Monsef stated Council had made a decision on that
parcel of land, and made a motion to accept the communication.
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Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88-239 From Carol Layton, Alameda Family Service Agency, 746 Eagle
Avenue, regarding National Community Development Week and the
City's Community Development Department.
President Corica noted there is a resolution regarding Community
Development Week that has been adopted under the Consent Calendar.
Councilmember Haugner thanked Mrs. Layton for the letter, and made
a motion to accept the communication. Councilmember Monsef
seconded the motion and it was carried by unanimous voice vote - 5.
88-240 From Susan and Andrew McCormack, 1238 Versailles Avenue,
requesting fee waiver for upzoning 1238 Versailles Avenue to regain
C-1 zoning.
Mr. McCormack stated he favors a fee waiver.
Mrs. McCormack requested Council's support for waiving the fee to
allow the McCormacks to regain their C-1 zoning.
Councilmember Thomas inquired if there was some circumstance that
would trigger a change in the Planning Board's consideration of
this property, and whether or not there could be a letter to the
Planning Board.
The Planning Director responded that the Applicant must show there
were some differences that would justify a waiver of fee, and they
could approach the Board regarding reconsideration.
Councilmember Thomas stated she believes an injustice has been
done; does not want a precedent set for waiving fees; would like
the Planning Board to comment; one party put in money for
rezoning, all the properties were rezoned, the money was refunded
to the one person and it does not seem equitable for the McCormacks
to pay to ask for rezoning back to what it was.
Councilmember Camicia stated there should be a firm policy.
Councilmember Thomas stated the rezoning was not requested by the
McCormacks and it appears to be unfair to require a fee to put it
back as it was.
President Corica agreed with Councilmember Camicia regarding firm
policy, and inquired if, in an unusual case such as this, there is
a way to consider this without a lot of time or expense.
The Planning Director commented perhaps the applicants could
approach the Planning Board through a letter in the same manner
they approached Council, requesting the Planning Board initiate the
application without the fees, which they may or may not do, and if
they do not, it might indicate they believe rezoning is not
appropriate.
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President Corica stated that might be the suggestion to give the
McCormacks.
Councilmember Camicia clarified the Board would address whether or
not they would waive the fee, but would not discuss the issue.
Councilmember Haugner made a motion to accept the communication.
Councilmember Camicia seconded the motion and it was carried by
unanimous voice vote - 5.
APPEALS
88-241 Consideration of appeal of Planning Board decision to
approve Use Permit, UP-87-3 to allow construction of building
including restrooms and maintenance area at Lincoln Park.
Appellants: Daniel J. Custer and Mr. & Mrs. Michael Connelly.
(Continued from March 15, 1988, Council Meeting.)
President Corica explained the Appeal process.
The City Attorney asked if the appellants are prepared to stipulate
to a decision.
Mr. Custer stated they are prepared to stipulate to the compromise
proposed by the Parks and Recreation Commission, which is the
construction of the restroom facility behind the existing structure
pursuant to President Corica's suggestion at the last meeting.
Councilmember Haugner made a motion to take the related resolution
out of order. Councilmember Camicia seconded the motion and it was
carried by unanimous voice vote - 5.
Councilmember Thomas inquired if there had been a decision on the
hours of operation of the restrooms.
The Recreation and Parks Director reported that there was a
discussion at a meeting with the residents, and that 10:00 p.m.
has been established as the time to lock up.
88-242 Resolution No. 11444 "Authorizing adoption of Revised Plan
for modification of Restroom Facility Design at Lincoln Park and
appropriating funds from the Dwelling Unit Tax Account." Adopted.
Councilmember Haugner made a motion to adopt the resolution.
Councilmember Camicia seconded the motion and it was carried by
unanimous voice vote - 5.
88-243 Consideration of appeal of Planning Board decision to deny
Use Permit, UP-87-29, to permit 24-hour operation of the ARCO AM-PM
convenience store and service station located at 1260 Park Street,
as required in a C-2, Central Business District by Zoning Ordinance
Section 11-1335(H). Applicant/Appellant: Irving C. Crawl for
Atlantic Richfield Company.
The Planning Director explained the background of the Appeal.
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99
Mr. Rooshan, 1260 Park Street, requested Council give his business
an opportunity to compete by allowing the operation to be open 24
hours a day.
Irving Crawl, ARCO Petroleum Products Company, 2000 Alameda de las
Pulgas, Box 5811, San Mateo, 94402, noted the commitment of the
operators of the business; that to be competitive the business
should be open 24 hours a day; and that it would be a convenience
for the public.
councilmember Camicia noted that Council is limited to acting upon
whether or not the Planning Board acted responsibly in making their
decision, and questioned if Mr. Crawl could address that fact.
Mr. Crawl replied their statements regarding the characteristics
of the site and the park were inappropriate as he believes they
were trying to blame the business for the problems of the park;
the business operators try to keep their area clean; also, the
business was referred to as fast food but is a convenience store.
Fred Scullin, 1120 Chestnut Street, stated he believes the Council
should overturn the decision of the Planning Board, and that a
24-hour operation would be a convenience for the neigborhood.
John Barni, 1380 East Shore Drive, stated he views this as another
indication of anti-business attitude and believes the store would
provide employment, which Alameda needs, and urged Council to allow
the store to stay open for 24 hours a day.
Albert Scott, 2418 Marti Rae Court, stated a petition was
previously submitted to deny the request for 24-hour operation of
the store by residents concerned with maintaining peace, order and
reduced noise levels in the area; and, regarding employment, the
number employed was cut from many persons to two inside persons.
Councilmember Thomas requested the Chief of Police express an
opinion on problems in the area.
The Chief of Police responded that there has been an undesirable
element that frequents the location at various times during the
day; does not know if there is a greater incident of crime at that
location than at other Park Street locations and would need to
review police reports for further information.
Councilmember Haugner stated she believes that the Planning Board
appears to have had a good hearing, and does not see how the
decision can be overturned.
Councilmember Camicia stated he does not believe the Planning Board
went beyond their scope of authority.
Councilmember Monsef agreed; stated he finds no fault with the
record of the Planning Board action, and therefore supports its
decision.
Councilmember Thomas noted the finding of the Planning Board is
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100
that the 24-hour convenience store is not compatible with land uses
in the neighborhood but the fire station across the street and the
Jack-in-the-Box on the corner operate on a 24-hour basis; is not
sure it would have a negative impact on its immediate neighborhood;
is concerned that a permit given to a good company might be taken
over by someone else, and would prefer to overturn the Planning
Board decision and issue the Use Permit with a six-month or
one-year review to see if it is compatible with the neighbors.
President Corica stated he would agree but would like to see a
Police report; if there is no criminal element increased, he would
be inclined to go along with the time-frame suggested, if there is
an increase, then that would be a condition whereby Council could
cause the matter to revert back to the current hours.
Councilmember Haugner stated very good points have been made but
cannot find error in what the Planning Board did and therefore
moved to uphold the decision of the Planning Board to deny the Use
Permit. Councilmember Camicia seconded the motion.
Following a discussion regarding the feasibility of a police
report, the possibility of placement of a condition and the
procedure necessary, President Corica called for a roll call vote.
The motion was carried by the following roll call vote: Ayes:
Councilmembers Camicia, Haugner and Monsef - 3. Noes:
Councilmember Thomas and President Corica - 2. Absent: None.
Councilmember Monsef noted that his vote against the appeal was
based upon the Planning Board decision which was supported by the
record.
88-244 Consideration of appeal of Planning Board decision to deny
Variance, V-88-2, to permit conversion of a family room to a 266
square foot candy store located at 1109 Lincoln Avenue, within a
C-1, Neighborhood Business District, without provision of two
additional parking spaces. Applicants/Appellants: Oscar and
Perlita Lattin.
The Planning Director explained the background of the matter.
Mrs. Lattin noted the background of how her business got started,
and the action of the Planning Board; and that she secured a
business license for the candy store.
Billie Trujillo, 414 Fairway Place, stated he became interested
through an article in the Times-Star, went down to look at the
area, noted other businesses in the area which would appear to need
more parking, and therefore it should be allowed for the Lattins.
Del Blaylock, 1903 Encinal Avenue, stated the City needs small
merchants and the candy store is not going to increase the traffic
because it is children that frequent the store.
Andy Pagano, 1100 Lincoln Avenue, stated the candy store was an
asset to the neighborhood as children had a nice place to go; they
April 5, 1988
101
do not create a traffic problem; most customers are walk-in
customers and the Appeal should be considered because he believes
the Planning Board made an error in this case.
John Ravet, 1816 St. Charles, stated children frequent the store;
and noted the Lattins' operation was very clean and very good.
Councilmember Haugner stated she is concerned the next tenant might
have a business that requires parking; but cannot agree with the
Board's conclusions and is inclined to repeal the decision of the
Planning Board in this matter.
President Corica stated he has a problem that the Lattins were
granted a license to be in operation before being made aware of the
problem.
Councilmember Thomas agreed with Councilmember Haugner that the
Planning Board conclusions are inappropriate; Findings #1 states
existing congestion of parking would be intensified by approval of
the application; stated she has been to the store, most customers
were children and were on skateboards or bicycles; is concerned
there is injustice when variances are given for one type of
business and another comes in requiring more parking so she would
like to see an annual review on a variance which would be revoked
when the candy store leaves.
The City Attorney stated the variance can be granted for the candy
store only.
A brief discussion followed regarding the parking variance, the
retail space, and the procedure involved.
Councilmember Thomas made a motion to overturn the Planning Board's
decision based on the fact that their findings were incorrect, that
the congestion of on-street parking present in the surrounding
neighborhood would not be intensified by approval of subject
application; and a condition that no hardship exists as long as
the candy store is there.
The City Attorney suggested Council reverse the Planning Board's
decision, by granting a variance to candy stores only.
Councilmember Thomas moved accordingly; Councilmember Haugner
seconded the motion, and it was carried by unanimous voice vote -
5.
REPORTS AND RECOMMENDATIONS
88-245 From Councilmember Haugner regarding method of appointment
to the Housing Commission.
President Corica announced that this item was pulled from the
agenda by Councilmember Haugner at the Pre-Council Meeting.
88-246 From Chairman, Historical Advisory Commission recommending
designation of 1238 Versailles Avenue as a City Historical
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102
Monument.
Andrew McCormack, 1238 Versailles Avenue, stated he hoped that 1238
Versailles would be designated a City Historical Monument.
Susan McCormack, 1238 Versailles Avenue, requested Council
designate 1238 Versailles Avenue as a City Historical Monument
based on age of the home and the other facts noted in the report.
Councilmember Camicia moved the recommendation. Councilmember
Haugner seconded the motion and it was carried by unanimous voice
vote - 5.
88-247 From Interim City Manager on recruitment of a City Manager.
Councilmember Haugner stated she read through the proposal of the
California Municipal Accounts, noted Mr. Weller approved and
offered to be of some help; it appears to be a reasonable approach
to take; and will cost $2000.
President Corica agreed and stated that Council would have
experienced consultants and Mr. Weller is a former Alameda City
Manager and would have knowledge of what is needed in this City;
and believes it to be an excellent team.
Councilmember Monsef agreed, and then inquired how long the
advertisements would continue and how many applications have been
received.
The Interim City Manager stated Council would need to make the
decision regarding length of time to advertise.
The City Clerk stated there are approximately 73 applications.
Councilmember Haugner stated she would like each Councilmember to
interview individually as well as acting as a group.
President Corica stated he believes it is a good idea and has no
problem with that.
Councilmember Haugner made a motion to empower the Interim City
Manager to work with California Municipal Consultants and Mr.
Weller to provide directions for the hiring of a permanent City
Manager. Councilmember Camicia seconded the motion.
Councilmember Haugner clarified that the motion was for the $2000
package.
The motion was carried by unanimous voice vote - 5.
The Interim City Manager stated he could arrange for Council to sit
down with consultants immediately; and Council, by consensus,
agreed.
88-248 From Interim City Manager recommending a consultant to
undertake the Fire Department Study.
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103
President Corica stated he has no problem with the Interim City
Manager's report that does not recommend his position; the
newspaper reflected that he wanted an Alameda citizens' committee,
which is not correct as he wants a committee that would be made up
of persons experienced and knowledgeable in fire fighting, whether
Alameda citizens or not; it would not be expensive and would
include management.
Mike D'Orazi, Alameda Fire Fighters' Association, stated the Fire
Fighters endorse the proposal that Ryland Research, Inc. conduct
the study, believe any non-biased study will vindicate their claims
of insufficient manpower, also believe that an ad hoc committee of
selective, educated and responsible citizens and professionals
would be an excellent concept for resolving future issues facing
the Fire Department including long range planning for the City's
future fire services; and the Fire Fighters will continue to
pursue a miniminal level of service which will include 5 engines, 2
trucks and 2 ambulances to protect the citizens.
To Councilmember Camicia's question why the Association prefers
Ryland Research, Mr. D'Orazi replied he discussed it with Chief
Alberti, and has called other fire departments.
John Ravet, 1816 St. Charles Street, stated he hopes some day the
studies will be over and the Fire Department can get what it needs;
likes the Mayor's idea of citizen involvement; and is concerned
things are in the same condition as months ago.
President Corica noted a citizens committee made up of persons with
expertise in Fire Fighting could probably do the job more quickly,
having lived with that profession for many years.
Councilmember Haugner stated she wants professionals to come in and
do a study, and urged Council to go with Ryland Research.
President Corica noted that he also was talking about experts and
professionals.
Councilmember Camicia stated a firm like Ryland Research could
complete the study very quickly, believes it makes sense to go
ahead with Ryland as there is agreement on it with the Fire
Fighters; and made a motion to go ahead with Ryland Research, Inc.
Councilmember Haugner seconded the motion.
Councilmember Monsef stated he has wanted a study, does not have
any objection to a citizens' committee if they are available
immediately, but the firms are ready to go forward now.
Councilmember Thomas stated she was impressed with suggestions of
the ad hoc committee and Ryland Research, Inc.; was impressed that
Ryland would study not only the Fire Department but the needs of
the community; believes the distrust exhibited warrants having an
independent firm and believes Ryland appears to be a good firm.
April 5, 1988
104
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Haugner, Monsef and Thomas - 4. Noes:
President Corica - 1. Absent: None.
President Corica stated he voted no because he believes a committee
with experience and expertise could do the job as well, perhaps
faster, and at no cost to the City.
88-249 From Community Development Director regarding information on
a proposed zoning text amendment for marinas.
John Paul Gutleben, 2844 San Jose Avenue, questioned why the area
is to be changed to "0" zoning.
The Planning Director replied it is being zoned "0", because one of
the elements of the General Plan suggests that the open water areas
around the City should be zoned to the open space district, which
is also very restrictive.
Mr. Gutleben stated his concern that many public right-of-way
waterways are being lost to yacht harbors; that the waterways
should be preserved for Alamedans; and would like an Environmental
Impact Report.
Councilmember Monsef made a motion to accept the report and
recommendation. Councilmember Camicia seconded the motion and it
was carried by unanimous voice vote - 5.
RESOLUTIONS
88-250 Resolution No. 11445 "Authorizing the Mayor's Fourth of
July Parade in the City of Alameda and approving the route
thereof." Adopted.
Councilmember Camicia made a motion to adopt the resolution and
Councilmember Monsef seconded the motion.
Councilmember Haugner inquired of the Chairman of the Parade
Committee how long the route would be, how long it would last and
if bands and others would walk the length.
Billie Trujillo, Chairman of the Parade Committee, responded that
the parade would be 3.3 miles, would last approximately three
hours, the bands have agreed to the length, and transportation is
to be provided for those who need it.
President Corica noted this route was used for eight years; there
was no problem getting entrants; and the purpose of the long route
is so that more people can view it and both business districts can
be included.
The motion was carried by unanimous voice vote - 5.
88-251 Resolution No. 11446 "Amending the 1987-88 Operating
Budget.
April 5, 1988
105
Fred Scullin, 1120 Chestnut Street, commented the budget will have
a deficit, and Council should rethink some plans to hire
consultants for large sums.
Councilmember Thomas stated $135,000 is being deleted for the
update of the General Plan and questioned if the update will not be
done.
The Finance Director stated none of the money has been spent so it
is proposed the money be carried over into the 1988-1989 budget.
Councilmember Thomas stated the updating of the General Plan is a
critical project, $15,000 was funded in CDBG; questioned that the
$150,000 fund has not been used; that there is no current General
Plan to guide the decisions of the Planning Board and the Council;
and asked why staff has not done it.
The Interim City Manager stated he would find out.
President Corica stated that the point is that it is already late
and should be started.
The Interim City Manager stated he would bring back a status report
on when it could be started.
Councilmember Thomas commented that by statute, the updating of the
General Plan is three years late; would agree to other transfers
proposed but not the funds for this project as it is critical.
Councilmember Haugner requested the report be brought back in two
weeks.
Councilmember Camicia stated perhaps the strategic planning process
should be completed before the General Plan process is done.
Councilmember Monsef made a motion to adopt the resolution;
Councilmember Haugner seconded the motion and it was carried by the
following voice vote: Ayes: Councilmembers Camicia, Haugner,
Monsef, and President Corica - 4. Noes: Councilmember Thomas - 1.
Absent: None.
88-252 Resolution No. 11447 "Authorizing execution of agreement
with Ratcliff Architects for construction feasibility study,
preliminary design and cost estimate of a Type I jail facility."
Adopted.
Councilmember Haugner made a motion to adopt the resolution.
Councilmember Camicia seconded the motion.
Following a brief discussion on the proposal, Councilmember Monsef
questioned if the building will support the jail facility.
The Chief of Police replied that a representative of the Ratcliff
firm is present to answer any questions, as it is a very
complicated question as to whether the many mechanical systems,
foundations, etc., can handle the addition of a jail, and it is the
April 5, 1988
106
reason why they are requesting the study, preliminary design and
cost estimate; and the reason to go to this firm is because they
have done the original work and still collaborate with the
engineers who first worked on the building.
Councilmember Camicia inquired what was spent last year to house
prisoners in Oakland to which the Chief of Police responded between
$202,000 and $225,000.
Councilmember Haugner noted the cost of the proposed work can be
absorbed in the police budget due to salary savings.
The motion was carried by unanimous voice vote - 5.
88-253 Resolution No. 11448 "Establishing Fire Department
Emergency Ambulance Transport Fees." Adopted.
Councilmember Haugner made a motion to accept the resolution.
Councilmember Camicia seconded the motion and it was carried by
unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
88-254 Ordinance No. N.S. "Amending the Alameda Municipal
Code by amending Chapter 11, Article 2, Title XV thereof,
regulating smoking in bingo parlors." Not introduced.
Violet Morris, 601-C Willow Street, stated she previously presented
a petition signed by interested citizens in favor of the smoking
ordinance; noted the first three months of any year are always
slow months; believes Council should wait until the ordinance has
been in effect longer to gain a comprehensive view of its effects.
Del Blaylock, 1903 Encinal, Concerned Citizens for Good Government,
stated the Concerned Citizens had a meeting and agreed that this is
a bad ordinance; revenue of organizations has been dropping; and
morality cannot be legislated.
Councilmember Monsef inquired if the Concerned Citizens are
concerned with public health.
Mr. Blaylock said he does not believe this is a matter of public
health, at least this phase of the ordinance is not, but the
Concerned Citizens are concerned more about the revenues.
President Corica commented that if the ordinance is amended, the
non-smokers should have the primary area.
Councilmember Thomas noted that the bingo operation reports show an
increase in gross even though the net amount is not up, which would
indicate that the net amount would have nothing to do with the
smoking ordinance.
Councilmember Haugner believes the amendment is well worded; has
had calls from many non-smokers saying they are glad they can
attend bingo games; and believes the ordinance is workable, but
April 5, 1988
107
agrees with Councilmember Thomas that the non-smokers should have
the primary area.
President Corica agreed the non-smokers should be provided the main
area.
A discussion followed on wording for the ordinance and the City
Attorney was requested to draft appropriate wording to provide
non-smokers with the primary area, while discussion continued.
Councilmember Thomas stated she still objects to smoking in the
Boys Club and St. Joseph's because children are going to be in
those rooms and it sets a poor example to say its okay to do it to
make money for charity but they must not smoke.
Councilmember Camicia stated the organizations are highly affected.
President Corica stated the amendment would take care of the
situation.
Councilmember Haugner stated Council is not closing down bingo
parlors; this is a compromise, and other cities are doing it.
The City Attorney noted the wording could be: Bingo parlors may
provide an optional smoking area. The majority of the playing area
must be devoted to, and sufficient for, non-smokers; and the third
sentence, "Sufficient barriers . •" would remain the same.
Councilmember Monsef stated he believed Council was making a
mistake in not giving an opportunity for the ordinance to work;
believes Council is working too quickly based on insufficient
information.
President Corica stated if bingo parlors cannot provide sufficient
barriers, then they cannot allow smoking.
Councilmember Haugner moved to introduce the amendment to the
ordinance as drafted by the City Attorney, in the most recent
version.
The motion failed for lack of a second.
Councilmember Monsef made a motion to leave the ordinance alone and
make no changes.
President Corica noted that with no action for the amendment, the
ordinance will remain as it is and no motion in that direction is
necessary.
FINAL PASSAGE OF ORDINANCES
88-255 Ordinance No. 2379, N.S. "Amending the Alameda Municipal
Code by adding Section 13-1922.5 and amending Sections 13-194 and
13-1953 of Chapter 1, Title XIII relating to Business License Tax."
Adopted.
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Councilmember Monsef made a motion to adopt the ordinance.
Councilmember Camicia seconded the motion and it was carried by
unanimous voice vote - 5.
NEW BUSINESS
88-256 Councilmember Camicia requested a report from the Interim
City Manager regarding agendizing Written Communications.
88-257 Councilmember Haugner requested staff review and report at
the next meeting, on a letter regarding water conservation received
by Council from the Bay Area Chapter of the Sierra Club, and
requested a staff member attend the meeting of EBMUD at the Kaiser
Auditorium, Kaiser Center, at 7:30 p.m., April 13, 1988.
88-258 Councilmember Thomas requested a status report on the
updating of the General Plan.
88-259 Councilmember Thomas requested a status report on the
remodelling of Franklin Park, particularly regarding when the pool
will be functional.
The Interim City Manager noted that an off-agenda report would be
prepared.
88-260 Councilmember Camicia stated he has requested staff to place
a resolution on the next agenda in regard to Mrs. Lindsey's
concern about transponders.
President Corica stated it was a good idea and requested a letter
be sent to Mrs. Lindsey indicating that the City Council is
unanimously in support of her efforts.
Councilmember Haugner stated the letter would be very appropriate.
ORAL COMMUNICATIONS, GENERAL
88-261 Fred Scullin, 1120 Chestnut Street, commented on
introduction and passage of ordinances.
ADJOURNMENT
The meeting was adjourned at 12:00 a.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
April 5, 1988