1988-04-19 Regular CC Minutes10
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - - - - APRIL 19, 1988
The meeting convened at 7:50 p.m. (at the conclusion of the
Closed Session to discuss Berry v. City of Alameda and Wiltens v.
City of Alameda, and the meeting of the Community Improvement
Commission with President Corica presiding. The Pledge of
Allegiance was led by Councilmember Thomas. Reverend Robert
Keller gave the invocation.
ROLL CALL - Present: Councilmembers Camicia, Haugner, Monsef,
Thomas and President Corica - 5.
Absent: None.
MINUTES
Councilmember Haugner made a motion to accept the minutes of the
Regular Council Meeting of April 5, 1988 and Special Council
Meeting of April 8, 1988. Councilmember Monsef seconded the
motion and it was carried by unanimous voice vote - 5.
CONSENT CALENDAR
At the request of Charles Millman, Item 1 -K (See 88 -284) regarding
a Municipal Initiative filing fee, was removed from the Consent
Calendar and placed on the regular agenda.
Councilmember Monsef made a motion to approve the Consent Calendar
with the exception of Item 1 -K noted above. Councilmember Haugner
seconded the motion which was carried by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*88 -262 From Finance Director on City's Investment Portfolio as of
March 1, 1988. Accepted.
*88 -263 From Public Works Director recommending acceptance of work
by P & F Construction, Inc. for the construction of wheelchair
ramps, Phase 6, P.W. No. 12- 87 -25. Accepted.
*88 -264 From Public Works Director recommending acceptance of work
by Landeros Sewer Service for the Santa Clara Avenue Sanitary
Sewer extension, P.W. No. 9- 87 -22. Accepted.
RESOLUTIONS
*88 -265 Resolution No. 11449 "Award of contract to Environmental
Resources, Incorporated, for Doolittle Landfill Gas Management
System, P.W. No. 11 -87 -24 and authorizing execution thereof."
Adopted.
*88 -266 Resolution No. 11450 "Award of contract to Mountain
Cascade, Inc. for construction of major storm drain system,
April 19, 1988
Harbor Bay Parkway to Catalina Avenue, Assessment District 84 -4,
P.W. No. 2 -88 -2 and authorizing execution thereof." Adopted.
*88 -267 Resolution No. 11451 "Authorizing submittal of an
application for a $117,500 grant from the Oakland A's and Lucky
Stores for renovation of Godfrey Park Baseball Field." Adopted.
*88 -268 Resolution No. 11452 "Authorizing filing of a claim with
the Metropolitan Transportation Commission for allocation of
Transportation Development Act /State Transit Assistant Funds for
Fiscal Year 1988 -89." Adopted.
*88 -269 Resolution No. 11453 "Designating May 22 -28, 1988, as
California Traffic Safety Week." Adopted.
*88 -270 Resolution No. 11454 "Designation of the Webster House at
1238 Versailles as City Historical Monument Number 22." Adopted.
*88 -271 Resolution No. 11455 "Designating May 8 -14, 1988 as
Historic Preservation Week." Adopted.
BILLS
*88 -272 A List of Claims, certified by the Interim City Manager as
correct, was approved in the amount of $2,277,585.49.
* * * * * * * *
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
88 -273 From Philomena M. Stewart, Alameda, concerning the
selection of new library sites.
Charles Millman, 2916 Bayview Drive, stated that Park Street needs
a parking garage; Longs Drugs Store is not against a garage over
the parking lot; suggested a four -story garage over Longs Drugs'
and Peter Delanoy's property, with a connecting walkway to a
four -story library building on the present site of the Children's
Library; and stated the suggested proposal would save $3,000,000,
the cost of an underground garage which is under consideration.
Councilmember Camicia made a motion to accept the communication.
Councilmember Monsef seconded the motion.
Councilmember Haugner stated there is no address on the letter and
inquired if Council should make a decision as suggested [by
Interim City Manager and City Clerk], that when letters are
received without addresses they not be placed on the agenda.
President Corica agreed.
Councilmember Camicia stated he is reviewing the procedure for
Written Communications, to be discussed at the next Council
meeting, and if Council agrees, he will consider that subject.
April 19, 1988
112
Council, by consensus, agreed.
The motion was carried by unanimous voice vote - 5.
88 -274 From Raymond G. Weinmann, President, Islandia Homeowners'
Association, 1138 Island Drive, requesting the City explore the
possibility of constructing a landscaped median strip in the
center of Island Drive.
The Public Works Director explained the purpose of the
construction is to limit the capacity of the street, and noted the
projected costs.
Councilmember Thomas inquired what the projected costs would be
for on- street bicycle lanes, to which the Public Works Director
responded the cost would probably be less than $1000.
Councilmember Camicia stated perhaps a plan should be developed to
construct the median and the plan could be used when the budget
allows.
Councilmember Haugner stated she likes the idea of the median, as
well as the bicycle lanes and moved the staff meet with the
Islandia Homeowners Association.
Councilmember Monsef inquired what the timetable would be, to
which. the Public Works Director responded that staff could report
back' in approximately thirty days.
Councilmember Thomas commented that one concept that should be
discussed is an assessment district to pay for it.
The motion was carried by unanimous voice vote - 5.
88 -275 From John Scott Graham, 1728 Tregloan Court, suggesting the
Charter Review Committee consider a Charter amendment which would
increase the Mayor's and Councilmembers' monthly compensation.
Councilmember Monsef commented that in the past, the issue has
been raised in different forms and it may be appropriate for the
Charter Review Committee to review the matter and report back to
Council.
Councilmember Camicia stated the timing is awkward for Council to
request a raise when there are budget difficulties.
Councilmember Haugner stated that when financial conditions have
improved, perhaps the matter could be reviewed.
Councilmember Camicia made a motion to accept the communication.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
April 19, 1988
113
HEARINGS
88-276 Consideration of adoption of Statement of Community
Development Objectives and Projected Use of Funds.
President Corica described the procedure of the Hearing.
The public portion of the hearing was opened.
On the call for proponents, the following spoke:
Linda Treml, 1409 Ninth Street, West Alameda Business Association
Josephine Bixler, 814 Haight Avenue, Mayor's Committee for the
Handicapped
Kenneth W. Smith, Alameda Food Bank, 3137 Bali Lane
Vincent L. Luczak, 3232 Calhoun, Food Bank, Alameda Emergency
Food
Karen E. Wallace, 770 "A" Street, Hayward, ECHO Housing
Diane Coler-Dark, 2857 Jackson Street, Park Street Business
Association
Fred J. Scullin, 1220 Chestnut Street
Richard A. Roth, 1417 - 5th Street
The following spoke as opponents:
Kathy C. Russell, 1912 Central Avenue, Four Bridges Creative
Living Center
Cecile T. Weaver, 1912 Central Avenue, Four Bridges Creative
Living Center
Eunice Gotine, 2121 Santa Clara Ave., Four Bridges
Timothy Gordon, 172 Maple Way, Four Bridges
The public portion of the hearing was closed.
Councilmember Thomas stated the Webster Street Foot Patrol
deserves to be funded out of CDBG funds; regarding Four Bridges,
it is a disservice to give $8400 one year and not support them the
next year, and $9500 is not too much for what they have
accomplished; she would like the East Bay Regional Park
approached to handle the sidewalk problem at Otis and Westline
(Crown Beach) raised by Mrs. Bixler; she does not believe there
should be a 3-year rent allowance given to the Food Bank, because
the allocation beyond one year could help fund Four Bridges and
the Foot Patrol; is most concerned about those items budgeted
last year which, this year, are out of the budget, i.e. $10,000
for plans for child care facility at McKinley, and inquired if
they need funds; and commended Community Development Department
for a good job of allocation. -
The Community Development Director stated, regarding the child
care facility at McKinley, that the proposed budget includes
$35,500 to develop plans and specifications for the facility;
money not spent in one year is carried into the next year, or
Council is asked to go through a reprogramming activity; money is
being reserved for the Food Bank in case an acquisition or a long
term lease seems feasible; alternatively, money for rent could be
April 19, 1988
114
allocated; Four Bridges is an excellent program; and the
requested guidance from Council as to the kinds of things to
eliminate because all are worthy, and is looking to savings in the
UDAG program to fund the Foot Patrol.
Councilmember Thomas noted last year's Minor Home Repair Fund was
for seniors and asked if that limitation has been lifted, to which
the Community Development Director responded that last year others
were included, and, it will be considered later under the
individual grant agreement.
Councilmember Thomas inquired who is going to provide housing
counseling and the shared housing under Public Services, to which
the Community Development Director replied the Housing Authority
submitted a proposal to do the program, they are pledging some of
their own funds, and are going to include some homeless assistance
with that counseling program.
Councilmember Thomas inquired if there is any possibility of
getting the program done on a volunteer basis from Mastick Senior
Center.
The Community Development Director replied she believes it is the
intention of the Housing Authority to work closely with the
Mastick Senior Center.
President Corica stated that perhaps the Mastick Senior Center
Advisory Board should be approached to see if there is a
possibility they could handle the whole project; and he would
like to see that pursued.
Councilmember Thomas inquired what the possibilities are for
allocating $28,530 for the Walking Patrol, to which the Community
Development Director replied there should be at least $25,000, and
something may emerge at the beginning of the next fiscal year.
Councilmember Camicia stated he had spoken to Mr. Roth, and the
business community is willing to work with Council, and to make
some cuts from their budgets to fund Four Bridges.
President Corica requested the Community Development Director
check into that possibility.
To Councilmember Monsef's inquiry into the $463,000 carryover, the
Community Development Director replied the largest percentage of
that amount is funding reprogrammed, was not spent for a variety
of reasons, certain projects are proposed for continuation with
some changes and is presented to Council for review and comment.
Councilmember Haugner stated her concerns about the sidewalks
mentioned by Mrs. Bixler; and suggested the East Bay Regional
Park District be approached and, if necessary, there be a sharing
of funds for the project by the City and the Park District.
The Interim City Manager stated staff would contact the Park
District immediately.
April 19, 1988
Councilmember Haugner made a motion to approve the Statement of
Community Development Objectives. Councilmember Camicia seconded
the motion and it was carried by unanimous voice vote - 5.
Councilmember Haugner moved to take the related resolution out of
order. Councilmember Thomas seconded the motion and it was
carried by unanimous voice vote - 5.
88 -277 Resolution No. 11456 "Reprogramming prior year's funds,
adopting FY 1988 -89 Statement of Community Development Objectives
and Projected Use of Funds and authorizing execution of required
Certification and Grant Agreement." Adopted.
Councilmember Thomas
Councilmember Camicia
unanimous voice vote -
APPEALS
moved adoption of the resolution.
seconded the motion and it was carried by
5.
88 -278 Consideration of Appeal of Planning Board decision
regarding Conditions 4 and 5 of Planned Development Amendment
PDA -87 -6. (Harbor Bay Isle Associates)
The City Attorney explained this is not a usual Appeal in the
sense that Council is not dealing with a fixed record at a
particular hearing of the Planning Board wherein conditions were
imposed; the Planning Board reached back into some previous
approvals and put conditions on, and the developer is willing we
resolve the matter, if possible, within the context of this
Appeal; Council needs to set a date for hearing, determine what
procedure Council wants to use, and decide whether Council wants
to enter in the Stipulation or not.
Bill Withrow, 133 Cumberland Way, President, Homeowners
Association of Harbor Bay Isle, stated the issue as the community
sees it, is a legal issue; the community is strongly in favor of
an elementary school, a second k -5 school in Harbor Bay Isle, a
four -acre park, a fire house, the proposed plans of the developer
for Villages IV and V, which involve a reduced density; supports
the 42 single - family homes as opposed to the 54 cluster homes;
and requests the lawyers involved with this issue be encouraged to
expedite the process.
James Davis, 1134 Ballena Blvd., attorney for Harbor Bay Isle,
stated he would like the hearing date set, would like to proceed
with this matter, and will sign the Stipulation as presented and
leave the monies on file.
President Corica noted that the penalty was for $150 per day and
he would like to raise that to $1000 per day; has no problem
approving the Stipulation but has a problem approving anything
else without having the school site locked in.
The City Attorney stated in the context of the Appeal,
present his recommendation, allow developer to rebut;
April
he will
a legal
19, 1988
analysis of the 40 -acre agreement will be made; Council will need
to make a policy decision regarding the acreage, the matter will
need to be sent back to the Planning Board to implement Council's
decision and if the developer is not happy with that decision,
they may go to Court for Declaratory Relief action; that is the
procedure; on paper there are 40 acres -- the question is whether
the City, at this point, is in a position to change its mind about
any of those designations, and he believes there is a real
question of fact.
The City Attorney reviewed the Stipulation and the procedure.
Councilmember Camicia clarified that flexibility would not be lost
because of the Stipulation.
The City Attorney noted that flexibility is gained.
The City Attorney added that the Stipulation does not address the
substantive issues, it only allows proceeding with 42 building
permits.
Councilmember Thomas stated the Stipulation takes away Council's
remedy and power; and suggested Council forget the Stipulation,
determine the procedure, and hold the hearing at the next meeting.
President Corica agreed, and added he does not feel comfortable
going ahead with the 42 units, which are mentioned in the
Stipulation.
The City Attorney stated the 42 units are not at issue.
Mr. Davis stated the 42 units are not a remedy, the Stipulation
is only to separate the issues; the primary reason for executing
the Stipulation is because the developer is willing to hold back
on requesting the $300,000 refund in building permit fees, which
is the advantage to the City.
Councilmember Camicia inquired out of which fund, the City could
pay back the fees if requested, to which the Interim City Manager
noted that some of it is dwelling unit tax which is available but
most of the remainder has been committed, spent in some fashion;
and the School District's obligation is about $138,000.
Councilmember Camicia stated it seems clear that Council must only
schedule a hearing, and it would save $300,000.
Councilmember Thomas commented the Planning Board approval was
conditional; the point of the two conditions is to extract a
timetable for requiring the developer to do what they promised.
Councilmember Camicia stated these are all legal issues subject to
considerable debate; the City lost the last time, there is no
guarantee the City will win this time, and he is not willing to
gamble $300,000 of money the City does not have as well as the
School District's $138,000; all Council needs to do is set a
hearing, and a procedure.
April 19, 1988
117:
Councilmember Haugner stated she believes much time should be
spent on the issues; they are serious issues, she would like to
see them all settled, and moved for adoption of the Stipulation.
Councilmember Camicia stated he would second the motion if it
includes the Mayor's correction that the amount of fines be raised
to $1000 per day.
The City Attorney stated he would like to add a final paragraph to
the Stipulation stating, "This is binding on all successors and
assigns."
Councilmember Monsef stated he prefers Council delay, set the
hearing, and take no action; and he will vote against the motion.
Councilmember Camicia stated he could not vote like Councilmember
Monsef, because it is gambling with the School District's
property.
President Corica stated his concern is for the school and the RV
storage; that he would like discussion on where the sites would
be before the next meeting.
Councilmember Monsef stated that if the steps are taken piecemeal,
then Council's position may be weakened and perhaps Council will
not get anything it wants; and believes it should only set a
hearing date.
Councilmember Haugner withdrew her motion.
Councilmember Camicia withdrew his second and stated he believes
Council is in agreement to make something happen in Harbor Bay
Isle and his concern is that, if Council ignores advice of its
attorney, it may lose in Court again.
Councilmember Haugner made a motion to continue the Stipulation to
whatever date the hearing is set. Councilmember Thomas seconded
and added that it should be at the next Council meeting.
Mr. Davis suggested a special meeting because the matter will
take a great deal of time on the regular agenda.
President Corica commented it should be at the next Council
meeting.
The motion to continue the Stipulation to the next meeting was
carried by unanimous voice vote - 5.
Councilmember Thomas stated the procedure looks good, but thinks
it should be kept as a proposed one Council will use.
The City Attorney stated opposing counsel needs notice as to how
it will be done so that they can prepare.
Councilmember Thomas made a motion to adopt the procedure subject
April 19, 1988
to modification at the hearing. The motion failed for lack of a
second.
Mr. Davis stated these are appeal matters; he never objects to
the public speaking on any issue; but will object to the public
speaking on these particular appeals because a court reporter will
be present, there will be a record and would not be proper because
these are appeals; and the City Attorney's procedure is that the
attorneys will make the presentations.
Councilmember Haugner moved to adopt the City Attorney's procedure
for the Appeal.
The City Attorney stated he may change his approach.
Councilmember Haugner withdrew her motion.
The City Attorney stated by the time Council meets in two weeks,
he will have the procedure.
President Corica stated he believes there should be some kind of a
determination regarding public input.
Councilmember Camicia noted Mr. Davis stated City statutes
prohibit it, and inquired if that is correct.
The City Attorney responded that the Appeals statute does; that,
in this case, if Council wishes to hear from the public on policy
issues, it would probably be better to agendize them as separate
items ahead of the Appeal; one would be on the need for
recreational storage on Bay Farm Island, and another one on the
need for park or recreation site on Bay Farm Island; then Council
can go to the Appeal, not have public input, and keep the record
clean.
Councilmember Camicia moved that suggestion. Councilmember
Haugner seconded the motion and it was carried by unanimous voice
vote - 5.
REPORTS AND RECOMMENDATIONS
88 -279 From City Auditor concerning house loan to Mr. William
Lewis, Bureau of Electricity.
Gerhard Degemann, 19 Sandpiper Place, stated as a citizen, he is
concerned why a person hired should receive a loan of $196,000,
why the Bureau's money earns only a low rate of interest, and why
the Bureau's manager must live in town but some other key people
need not.
John Sarni, Sr., 1380 East Shore Drive, stated he hopes this does
not establish a precedent, is no reflection on Mr. Lewis, but
believes it a bad practice for the Bureau to go into the mortgage
business.
Councilmember Thomas stated she does believe it exceeds the scope
April 19, 1988
1 9
of what the Bureau of Electricity is to do, agrees it should not
become a mortgage broker; sees no blame to be placed but believes
Council should set a policy that when such decisions are made for
the first time, the decisions should come before Council, and
would like that done in the future.
Councilmember Camicia stated the problem might come up in the
hiring of a City Manager, and questioned if such an offer will be
made to attract a City Manager.
President Corica stated it will be up to Council as to whether or
not they will do it, but he is reluctant to do so.
Councilmember Haugner stated she would not like to make a policy
that in no case should that ever occur.
President Corica stated there need not be a policy.
Councilmember Camicia stated Council should state what its policy
is, so that those who do the hiring will know what Council's
policy would be in the future.
Councilmember Camicia made a motion that this kind of loan must
not take place.
Councilmember Thomas seconded the motion.
Councilmember Haugner stated that sometime there may be a need to
consider a loan; and she cannot support the motion.
Councilmember Camicia inquired if it is proper to make such a
motion under this item.
The City Attorney stated it is probably not.
Councilmember Camicia withdrew his motion, and Councilmember
Thomas withdrew her second.
Councilmember Camicia made a motion to accept the report.
Councilmember Thomas seconded the motion and it was carried by
unanimous voice vote - 5.
88 -280 From Interim City Manager regarding curbside recycling.
The Interim City Manager explained the background of the matter,
stating that Oakland Scavenger is willing to provide the
once -a -week service, three multicolored bins will be provided each
property owner, and the cost for the service is approximately
$1.00 per month; there is concern about the impact on the
ratepayer, and would like to see some reduction in the garbage
rate as well.
President Corica stated he would like to see some input; stated
he is concerned this might lead to curbside pick -up that might be
difficult for senior citizens.
April 19, 1988
0
Councilmember Haugner stated she would like to hear from the
residents also.
Councilmember Thomas stated aluminum collection and sales provides
income to children, Boy Scouts, and others; and people should not
be asked to separate items for pickup by the scavenger company,
which will receive income from the recycling, and then be asked to
pay for the pickup.
The Interim City Manager stated Berkeley has curbside collection
but provides cans on rollers; that seniors can request backyard
pickup.
Councilmember Monsef moved the recommendation of the Interim City
Manager [to explore community opinion]. Councilmember Haugner
seconded the motion, which was carried by unanimous voice vote -
5.
88 -281 From Planning Director regarding status on updating of the
General Plan.
Fred Scullin, 1120 Chestnut Street, stated a lot more attention
should be given to the Housing Element which is an important part
of the General Plan.
Councilmember Monsef made a motion to accept the report, and
Councilmember Thomas seconded the motion.
Councilmember Camicia stated this is a $150,000 project and
questioned spending so much money at this point for a City that is
almost built out.
Councilmember Haugner stated that the report on the subject notes
that the Strategic Planning process may identify issues to be
considered, and it might be well to wait and be able to consider
such items.
Councilmember Thomas stated that State law mandates a valid plan.
Councilmember Haugner commented she believes the City is three
years late in updating, and inquired if this City is the only one
in the State that is late.
The Interim City Manager commented that he believes the State
mandates update of the Housing Element only.
The Planning Director stated it is not the only City that is late;
there is a wide range of status in many cities; Councilmember
Thomas is correct that the State law requires a General Plan that
clearly states the acceptable development policy of the City and
as the Plan gets older it moves away from the acceptable policy in
the community.
President Corica commented that it might be wise to go ahead with
the update and then if it is noted that something in the Strategic
Plan needs to be addressed, the General Plan can be amended.
April 19, 1968
Councilmember Camicia stated there is a budget problem and the
cost of updating the General Plan is $150,000; the Plan causes
minor problems, but the update can be done later.
Councilmember Thomas stated there are some mandatory elements, in
addition to the Housing Element, in the General Plan; the General
Plan is the City's premier land use document.
The motion to accept the report was carried by the following voice
vote: Ayes: Councilmembers Haugner, Monsef, Thomas and President
Corica - 4. Noes: Councilmember Camicia - 1. Absent: None.
RESOLUTIONS
88 -282 Resolution No. 11457 "Urging the Federal Aviation Agency
to require transponders in all private aircraft." Adopted.
President Corica stated the matter is in response to a letter from
Mrs. Suzanne Lindsey, requesting equipment be required in small
aircraft that will alert the pilots to what is around them.
Suzanne Lindsey, 1245 Hawthorne Street, expressed gratitute for
Council's response; that the resolution would give the Federal
Aviation Administration (FAA) notice that the public is
interested; that the FAA is taking public comment on the
regulation which would require Mode C transponders on all
airplanes operating within forty miles of metropolitan airports;
and -urged Council adopt the resolution and notify other cities of
the action.
In response to Councilmember Haugner's inquiry regarding Mode C,
Mrs. Lindsey stated that the term Mode C is in the resolution,
Mode C is the important element and should be added to the
resolution everywhere the word transponders is included; also it
would be important to add that controllers do not have the option
of eliminating VFR Mode C from the radar.
In response to Councilmember Haugner's inquiry, the City Attorney
clarified it could be done.
William Kane, 2615 Bayview Drive, stating he has had a coding
altimeter (Mode C) for ten years and wishes everyone had one; if
the FAA requires Mode C forty miles from every metropolitan
airport and 3 miles up, the controllers will not be able to
control the airplanes they now have in the air, and flyers would
be more at hazard for a number of years until more controllers,
probably 25,000, can be added; if the issue here is supported, he
would like to see a requirement that the pilots report in, which
is not now required; and he would like to see a coding altimeter
attached to a transponder, but would like the proposal limited to
the area immediately around Alameda.
John Cimellaro, 142D Barbers Point Road, stated his comments are
not the opinions of the Dept. of Defense or the Navy; he is a
Navy post- maintenance check pilot who flies repaired aircraft to
April 19, 1988
1
see if the systems are working; usually under radar, he is
notified of aircraft in the vicinity by the controller, but must
visually check through the window to the ground, above, and around
to find the other aircraft; that from a safety standpoint, it
would be good to have Mode C on every aircraft, and requested
Council's support of the resolution.
Doug Haines, 1616 Encinal, ex -Navy pilot, stated airliners
currently are required to have their transponders accurate to
within 200 feet of altitude, but private aircraft are calibrated
once a year to 100 feet; and urged Council to make sure the
resolution includes that all aircraft is calibrated to the same
standards so that all are within the same tolerances.
Councilmember Haugner stated she would like to have the
calibration suggestion added to the resolution.
Councilmember Camicia requested the resolution include that the
controllers not have the option to disengage Mode C.
Councilmember Camicia made a motion to adopt the resolution with
the amendments. Councilmember Haugner seconded the motion.
Councilmember Camicia requested that the Mayor attach a letter to
the resolution and send it to other East Bay Cities.
President Corica agreed.
Councilmember Thomas stated in view of Mr. Kane's comments, and
her own background working on aircraft instruments, investigating
aircraft incidents, she is not sure which way to go and will
abstain.
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Haugner, Monsef and President Corica - 4.
Noes: None. Abstentions: Councilmember Thomas - 1.
88 -283 Resolution No. 11458 "Confirming the need for water
conservation." Adopted.
Gerhard Degemann, 19 Sandpiper Place, stated when water was
conserved in Alameda previously, the rates went up; after there
was sufficient water again, the rates did not drop back; would
suggest if resolution is adopted, it include that when there is
sufficient water again, the increase should be reduced back to its
prior rate.
Councilmember Haugner stated she attended an EBMUD meeting; has
learned Harbor Bay has a well not tested for salinity, they had
written to MUD that they are willing to use the well; she would
be interested in knowing if there is a well there that could be
used, Galbraith Golf Course is using reclaimed water from the San
Leandro sewage treatment plant, and made a suggestion to explore
the plan.
President Corica commented that the City uses its wells, there is
April 19, 1938
also a 2 million gallon lake, with potable water, and use only a
little EBMUD water on greens.
Councilmember Haugner commented Ken Kofman said perhaps this City
could use landscape guidelines; she would like staff to find out
what the City of Danville's landscape guidelines are; need to
think about whether Council wants to support adding some Delta
water to ours in a safe manner, perhaps there is a way to avoid
rationing and she would like the City and residents to have a fair
share of the water; water should be conserved all the time, not
only when there is a drought; and the resolution is a good one.
President Corica commented it is his understanding when Harbor Bay
dug the deep well, that it did not qualify.
The Interim City Manager noted that the Public Works Director has
sent some guidelines to Harbor Bay Isle regarding the median and
drought resistant materials, etc.
Councilmember Camicia thanked Councilmember Haugner for the
research and made a motion to adopt the resolution. Councilmember
Haugner seconded the motion and it was carried by unanimous voice
vote - 5.
88 -284 Resolution No. 11459 "Establishing filing fee to be paid
upon filing of a Notice of Intent to Circulate Initiative
Petition." Adopted.
Charles Millman, 2916 Bayview Drive, stated it is commendable that
staff is diligent but citizens have a right to vote and a right
for initiative petition; and requested Council not put a penalty
on our established rights.
President Corica inquired how long a fee has been charged.
The City Clerk responded that the Governor, late last year, signed
a bill amending the California Election Code; Council has the
privilege of determining the amount of the fee; the State
Legislature calls for a fee not to exceed $200; that if a
petition qualifies, a full refund of the $200 is provided.
Councilmember Camicia inquired why $200 was chosen.
President Corica stated it would not be necessary to charge that
amount, however, it does take time to administer the petition.
The City Clerk added although a petition does not qualify, the
City expends funds for part -time clerks at the County [signature
checking] and the City Attorney's time to draft an appropriate
title and summary.
Councilmember Camicia, noting that when an initiative qualifies
the money is refunded, made a motion to adopt the resolution.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
April 19, 1988
4
INTRODUCTION OF ORDINANCES
88 -285 Ordinance No. , N. S. "Amending the Alameda
Municipal Code to prohibit parking at various times and locations
to facilitate street sweeping." Introduced.
Robert Lofstrand, 1355A Versailles, requested 6:00 a.m. street
sweeping instead of 4:00 a.m., noted that an industrial area is
blocked off for cleaning at 10:00 a.m. and perhaps that could be
placed on a 4:00 a.m. schedule.
The Public Works Director stated that before the ordinance comes
back for final passage, perhaps the schedule could be
reconsidered; and that the industrial area schedule has already
been changed.
Bill Kane, 2615 Bayview Drive, President, Bayview Estates
Homeowners Association, stated the whole City should be done
instead of small areas; the Association approves the principle of
the street sweeping program but noted that perhaps the program
could be refined, i.e., possibly move cars on only one side of the
street at a time.
The Public Works Director replied the entire City is a lot to do
at once, street signage is also expensive, and approximately two
miles per year is being done; and the sweeping is scheduled to be
done on only one side of the street on a given day.
Albert P. Berding, 341 Laguna Vista, member, Bayview Homeowners,
agrees the ordinance is a good thing; if one side of the street,
is cleared at a time, it will work well.
Councilmember Camicia made a motion to introduce the ordinance.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
88 -286 Ordinance No. N. S. "Amending Chapter 11 of Title
XV of the Alameda Municipal Code exempting bingo games from
smoking regulations." Not introduced.
Richard Roth, 1417 - 5th Street, states he smokes but enforces the
ordinance in his store; requested Council allow bingo operators
to have separate areas and continue the fund - raising games.
Tony Aiello, 1011 Chestnut Street, St. Josephs Notre Dame High
School, encouraged Council to support this amendment as they have
reduced numbers playing bingo, and reduced proceeds from bingo.
Ralph Appezato, 1011 Chestnut Street, St. Josephs Notre Dame High
School, stated he admires Council's motives, he no longer smokes,
but believes the ordinance is selective in nature, so he does not
think it is right.
Ludmilla Nagel, St. Josephs Notre Dame High School Parents
Association, 1011 Chestnut Street, stated Council's actions are
April 19, 1988
well- meaning, but children benefit from the bingo revenues, and
expressed concern for continuance of bingo for fund - raising.
Doug Haines, 1616 Encinal, Co- chairman, Bingo Committee, Alameda
Boys Club, stated the Boys Club is self - supporting, and has a
program that gets children off the streets; that Bingo revenues
have remained high but profits are down this year; a safe
entertainment is provided for senior citizens at bingo games, and
requests Council pass the amendment.
Robert Glotch, Alameda Boys Club; stated the bingo
deteriorating, and the game will have to be closed if
continues.
Vincent Perez, 1279 Weber Street, Alameda Boys Club,
games have worked well for the City and urged Council
the amendment.
games are
the trend
the bingo
to approve
Walter Manasewitsch, stated the Philip Neri game attendance is
down; suggested the non - smoking areas be larger and then see if
that works six months from now, because the revenues are needed.
Councilmember Haugner stated all the bingo organizations are
helpful to the City; but Oakland requires a separate room for
smoking; she is willing to have a separate smoking area; but
does not believe there should be an exemption.
President Corica stated he is concerned over the loss of revenue;
that if smoke bothers people, they don't have to go; is bothered
that the Boys Club and churches may have to cut out activity;
that the bars are exempt, and will support the amendment.
Councilmember Camicia stated he is a non - smoker; supports the
ordinance; under New Business is going to request Council
consider a resolution supporting a bill in Sacramento that would
put a tax on cigars and pipes to support public libraries; but if
the exemption is not granted, Council is damaging some of the
organizations in town that keep children off the streets.
Councilmember Monsef stated his position is known; he must make a
decision according to his conscience and in the best interests of
the majority of the people in Alameda; 70% are non - smokers;
Cities that passed an ordinance of this nature have not made
exemptions for organizations, and he will stand by his decision.
Councilmember Camicia stated there were not the votes present to
make a motion for the amendment.
Councilmember Monsef made a motion to allow the ordinance to
remain as it is.
Councilmember Haugner commented there was no need to make the
motion, the ordinance would remain as it is; and that
Councilmember Camicia could make a motion.
Councilmember Camicia moved introduction. President Corica
April 19, 1988
seconded the motion. The motion failed by the following vote:
Ayes: Councilmember Camicia and President Corica - 2. Noes:
Councilmembers Haugner, Monsef and Thomas - 3. Absent: None.
NEW BUSINESS
88 -287 Councilmember Camicia commented that Mr. Crawl, ARCO
Petroleum Products Co., has stated he has new evidence regarding
the appeal on the April 5, 1988, agenda.
Following a brief discussion on procedure, the City Attorney
suggested that Mr. Crawl and staff could meet on Wednesday, April
20, to discuss the possibility of Planning Board reconsideration
of the matter.
Council, by consensus, directed that be done.
88 -288 Councilmember Haugner stated Council sometimes must make
decisions regarding the School District; that some cities have
two members of Council and two members of the School District
which meet on a regular schedule, and requested the Interim City
Manager look into that possibility.
88 -289 Councilmember Haugner stated that when there are any open
meetings, the meetings should be at 7:00 p.m. or 7:30 p.m., when
more people can attend.
ORAL 'COMMUNICATIONS, GENERAL
88 -290 Irving Crawl, ARCO Petroleum Products Co., 2000 Alameda de
las Pulgas, Box 5811, San Mateo, 94402, requested a procedure for
presenting new evidence regarding the Appeal heard 4 -5 -88
concerning the 24 -hour operation of the AM -PM convenience store,
1260 Park Street.
The Council, by consensus, directed staff to discuss the matter
with Mr. Crawl.
88 -291 Gerhard Degemann, 19 Sandpiper Place, commented, regarding
the Written Communication procedure, that the time of hearing same
should not be changed to the end of the meeting as it is difficult
for persons to wait that long, particularly the elderly, and the
input is valuable.
President Corica commented that a reason for the long meetings is
because of Written communication and allowing people to speak;
that perhaps Council meetings, as in the past, should end at 11:00
p.m. unless extended beyond that time by motion of a
Councilmember.
Councilmember Camicia commented he is not concerned where Written
Communications are placed on the agenda; is more interested in
what is done with them, and how a response is received; that
there are a number of ways to get answers to people's concerns
AD r�l 19', 1933
much more quickly than the process now used, and will talk about
it at the next meeting [when the matter is agendized].
88-292 Diane Coler-Dark, 2857 Jackson Street, stated the
discussion earlier [See paragraph 88-276] regarding the funding of
Four Bridges by the business associations was not the result of
agreement among the associations, but of individuals, and
clarified that she had not participated, and questioned the
ability of the associations to do such funding.
Richard Roth, 1417 - 5th Street, stated he believed there was a
misunderstanding; however, he does think the associations can get
together and is confident something can be worked out.
ADJOURNMENT
The meeting was adjourned at 12:00 midnight.
Respectfully submitted,
(i
DIAN B. FELSCH, CMC
City Clerk
The agenda for the meeting was posted 72 hours in advance in
accordance with the Brown Act.
April 19, 1988