1988-05-03 Regular CC Minutes128
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - ------ ------ MAY 3, 1988
The meeting convened at 7:53 p.m. (at the conclusion of the Closed
Session to discuss Seavers v. City of Alameda, and Threatened
Litigation, and the meeting of the Housing Authority Commission and
the Annual Meeting of the Community Improvement Commission) with
President Corica presiding. The Pledge of Allegiance was led by
Councilmember Monsef. Reverend Doug Henderson gave the invocation.
ROLL CALL Present: Councilmembers Camicia, Haugner, Monsef,
Thomas and President Corica - 5.
Absent: None.
MINUTES
Councilmember Monsef made a motion to accept the minutes of the
Regular Council Meeting of April 19, 1988. Councilmember Haugner
seconded the motion and it was carried by unanimous voice vote - 5.
SPECIAL ORDERS OF THE DAY
88-293 Presentation by the Mayor of Proclamation designating the
week of May 8-14, 1988, as Historic Preservation Week.
Mayor Corica introduced members of the Historical Advisory
Commission who were present (Robert DeCelle, David Plummer, Paul
Breitkopf, and Naomi Hatkin), read the proclamation, and presented
a framed copy of the Proclamation to the Commission. Robert
DeCelle, Chairman of the Commission, accepted on behalf of the
Commission.
88-294 Presentation by the Mayor of City Historical Monument
Scrolls for the Webster House (1238 Versailles Avenue), Bureau of
Electricity's Central Substation (1828 Grand Street), and 1,297
Post-Top and Pendant Style Street Lights.
Mayor Corica read the Scroll for the Webster House and presented it
to owners Susan and Andrew McCormack; and read the Scroll for the
Bureau of Electricity's Central Substation and the Scroll for the
Street Lights and presented both to Edwin Dankworth, Chairman of
the Public Utilities Board.
Mr. DeCelle then commented on the program of activities in Alameda
scheduled for Historic Preservation Week.
President Corica announced that Items No. 9 and No. 10, (See
Paragraphs 88-313 and 88-314) regarding Conditions No. 4 and No.
5, PDA 87-6, Harbor Bay Isle, will be considered following the
Appeal. Councilmember Thomas so moved; Councilmember Monsef
seconded the motion and it was carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilmember Monsef requested Item No. 1-H, a resolution
May 3, 1988
129
regarding CDBG /UDAG funding (See 88 -317), and President Corica
requested Item No. 1 -A, a report regarding the historic value of
the City Hall garage (See 88 -316), be removed from the Consent
Calendar to the regular agenda.
Councilmember Haugner made a motion to approve the Consent Calendar
with the exception of the two items noted above and Councilmember
Camicia 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 -295 From Community Development Director regarding Comprehensive
Child Care Proposals from Carol Layton. Accepted.
*88 -296 From Public Works Director recommending acceptance of
By -Laws of the Mayor's Committee for the Handicapped. Accepted.
*88 -297 From Public Works Director recommending acceptance of work
by Dutra Construction Company, Inc. for Dynamic Consolidation,
Harbor Bay Business Park Assessment District 84 -1, P.W. No.
3 -87 -6. Accepted.
RESOLUTIONS
*88 -298 Resolution No. 11460 "Authorizing open market purchase of
a dump truck for the Golf Course." Adopted.
*88 -299 Resolution No. 11461 "Adopting Plans and Specifications
and calling for bids for the construction of Catalina Avenue
widening and North Loop Road, P.W. No. 2 -88 -3, and directing City
Clerk to advertise same." Adopted.
*88 -300 Resolution No. 11462 "Appointing Engineers and Attorneys
for Island City Landscaping and Lighting District 84-2." Adopted.
BILLS
*88 -301 A List of Claims, certified by the Interim City Manager as
correct, was approved in the amount of $1,867,599.82.
* * * * * * * * *
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
88 -302 From Steve Corrigan, 1336 Park Street, regarding Meter Free
Saturday Parking signs.
President Corica commented Mr. Corrigan is concerned that some of
the parking meter signs have been removed, and staff has taken care
of the matter.
Councilmember Monsef made a motion to accept the communication.
May 3, 1988
1
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88-303 From Richard and Barbara Roth, 1417 Fifth Street, concerning
the placement of written communications on Council Meeting agendas.
President Corica suggested the matter be discussed under the Report
item regarding this matter. (See 88-315)
Councilmember Monsef made a motion to accept the communication.
Councilmember Thomas seconded the motion and it was carried by
unanimous voice vote - 5.
88-304 From Deanna Osterberg-Schwartz, President, Marina Village
Homeowners Association, 6379 Clark Ave., Suite 200, Dublin,
requesting information on the operation of the flea market at the
Alameda Drive-In Theater.
President Corica explained that Mrs. Osterberg-Schwartz is
concerned about the flea market, lives close to it, would like to
have it controlled, and a response has been made by staff.
Councilmember Camicia made a motion to accept the communication.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88-305 From Fred Scullin, 1120 Chestnut Street, objecting to manner
in which the April 5th Appeal ( Harbor Bay Isle Associates) was
presented to Council.
Mr. Scullin voiced his objections to the manner in which the Appeal
was presented.
Councilmember Camicia made a motion to accept the communication.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
HEARINGS
88-306 Consideration of an Ordinance increasing Permit Penalty
Fees.
President Corica explained the procedure of the hearing.
The Interim City Manager explained the background of the matter.
On the call for proponents, there were none.
On the call for opponents, the following spoke:
Stephen Britnhall, Harbor Bay Isle Associates, 1141 Harbor Bay
Parkway
President Corica inquired if Mr. Brimhall believed it was all
right to begin work without permits.
Mr. Brimhall responded that it is a matter of working with the
May 3, 1988
131
City, bringing jobs to the City and increasing the tax base; it
delays tenant improvement construction which loses business, and as
Alameda is the only city requiring such penalties, it causes a
major impact on the ability to do business.
Councilmember Camicia requested Mr. Brimhall give him a specific
example of where he would begin a project without a permit, to
which Mr. Brimhall responded that it would be mostly on tenant
improvements; if there is additional delay in tenant improvement
construction, they will not be competitive in the market place, and
neighboring cities will take business away from Alameda.
President Corica inquired if other cities do not have penalties or
if it is just the quadruple that is being referred to.
Mr. Brimhall replied that none have any penalties except Milpitas
which is $150 and in San Francisco a $50 penalty may be paid for
what is called an expedited processing.
Councilmember Camicia inquired if staff is aware of other cities
that charge quadruple fees, to which the Public Works Director
responded any City adopting the Uniform Building Code has double
permit penalty fees as it is built into the Code; developers must
commit to tenants in a short period of time to compete; the
problem of proceeding is that sometimes changes must be made, which
causes considerable extra workload; has surveyed cities and noted
Alameda is competitive in processing permits for tenant
improvements; there are alternative methods, and staff is trying
to enforce compliance so that work need not be redone.
Councilmember Haugner inquired if most of these permits are by
developers or by other people.
The Public Works Director responded that penalties occur a small
percentage of the time with people who do not realize they need
permits, but most occurrences are with tenant improvements.
The public portion of the hearing was closed.
Councilmember Camicia made a motion to accept the recommendation
[to quadruple the Permit Fees for all work commenced prior to the
issuance of the appropriate permits.) Councilmember Haugner
seconded the motion and it was carried by unanimous voice vote - 5.
Councilmember Haugner made a motion to take the related ordinance
out of order. Councilmember Camicia seconded the motion and it was
carried by unanimous voice vote - 5.
88-307 Ordinance No. N.S. "Amending Title V, Section 5-152,
of the Alameda Municipal Code; Section 4 of Ordinance No. 2250;
and Section 304(e)2 of the Uniform Building Code providing
quadruple penalties for working without permits." Introduced.
Councilmember Thomas made a motion to introduce the ordinance.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
May 3, 1988
132
88-308 Consideration of vacating portions of a sanitary sewer
easement and an electrical easement located within Tract 5716 in
the Alameda Marina Village Development.
President Corica explained the procedure of the meeting.
The Public Works Director explained the subject of the hearing.
On the call for proponents, there were none.
On the call for opponents, there were none.
The public portion of the hearing was closed.
Councilmember Camicia made a motion to accept the recommendation
[to order vacation of said portions of subject easements.]
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
Councilmember Camicia made a motion to take the related resolution
out of order. Councilmember Haugner seconded the motion and it was
carried by unanimous voice vote - 5.
88-309 Resolution No. 11463 "Ordering vacation of portions of a
Sanitary Sewer Easement and an Electrical Easement located within
Tract 5716 in the Alameda Marina Village Development." Adopted.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88-310 Consideration of Rezoning R-88-1 and Initial Study, IS-88-1,
627 Pacific Avenue. (Applicant: Shito Sakai)
President Corica explained the procedure of the hearing.
The Planning Director explained the background of the matter.
The public portion of the hearing was opened.
On the call for proponents, the following spoke:
Charles Henrikson, 621 Pacific Avenue, (for Shito Sakai)
On the call for opponents, there were none.
The public portion of the hearing was closed.
Councilmember Camicia moved the recommendation [that Council
approve the Negative Declaration, and approve Rezoning].
Councilmember Haugner seconded the motion.
Councilmember Thomas made a procedural objection to the Planning
Board's hearing of the Initial Study and the Negative Declaration
under what is in effect a Consent Calendar of the Planning Board
and not discussed, the motion was for the Initial Study and does
not believe it should be done in this manner in the future.
May 3, 1988
The Planning Director explained that the Planning Board has items
on calendar for approval without discussion, a procedure generated
several years ago with clearance by the City Attorney; when using
this procedure, the audience and Planning Board are polled to see
if there is anyone who wishes to speak, and if so, it is heard in
its regular course.
The motion was carried by unanimous voice vote - 5.
Councilmember Camicia made a motion to take the related ordinance
out of order. Councilmember Haugner seconded the motion and it was
carried by unanimous voice vote - 5.
88-311 Ordinance No. , N.S. "Reclassifying and rezoning of
certain property within the City of Alameda by amending Zoning
Ordinance No. 1277, N.S. Applicant: Shito Sakai, R-88-1; the
lot located at 627 Pacific Avenue." Introduced.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Thomas seconded the motion and it was carried by
unanimous voice vote - 5.
APPEALS
88-312 Consideration of Appeal of Planning Board decision regarding
Conditions 4 and 5 of Planned Development Amendment PDA-87-6.
(Harbor Bay Isle Associates)
President Corica explained the procedure of the Appeal.
The City Attorney explained the form that the attorneys'
presentations would follow during the meeting.
James Davis, 1134 Ballena Boulevard, attorney for Harbor Bay Isle
(HBI) offered material into evidence based upon the fact that there
was no opportunity to present the evidence to the Planning Board as
the matter it concerns was raised after the Planning Board hearing
was closed.
The City Attorney summarized the City's position concerning
Condition No. 4 regarding Recreational Vehicle (RV) storage.
Mr. Davis summarized his client's position regarding the RV
storage area.
The City Attorney then gave his response.
Mr. Davis presented his client's position regarding Condition No.
5 addressing the school site and the 40-acre settlement agreement.
The City Attorney responded to the presentation.
Councilmember Thomas inquired what kind of Notice was given on
Condition 4 to the residents of Tract 3810,
May 3, 1988
4
Mr. Davis stated that in the brief is an extensive discussion on
the hearings.
Councilmember Thomas inquired if he had a copy of the Notice, to
which Mr. Davis replied that it is not necessary.
Councilmember Thomas commented that the Environmental Impact Report
(EIR) states there will be 32 acres for schools, 100 foot perimeter
around the shoreline park and 33 acres for parks.
Mr. Davis stated the EIR was done on a bigger project and as a
part of the mitigation of that project, the project was cut way
down and therefore the public areas were cut down also; and that
an EIR is a study of alternatives.
Councilmember Thomas inquired if there is a new EIR, to which Mr.
Davis replied that Council just recently voted to adopt the EIR,
determining it was adequate.
The City Attorney stated the basic element is that Council is
required to make a policy decision, and offered procedural
alternatives to Council.
Councilmember Monsef stated he believes the City has a contractual
agreement; there is a Condition prior to permit that was issued;
and that the Condition should be enforced.
President Corica agreed and stated something should be done before
the project is built out.
Councilmember Thomas stated she agrees, believes 9 acres is
required for Tract 3810, and it is time to enforce the Condition.
Councilmember Camicia inquired if the Board rezoned the school site
open space.
The City Attorney stated the Condition was to require the developer
to do it and that is why he suggests rewording; schools cannot be
built in "o" zones, and the form of Condition needs to be altered;
does not believe a condition is necessarily the way to do it; and
offered other procedural suggestions.
Councilmember Camicia noted that HBI has offered a 12 acre school
site for purchase at 1980 prices and inquired, if Council proceeds
with a lawsuit, whether the offer would still remain.
Stephen Brimhall, 1141 Harbor Bay Parkway, HBI, replied HBI is
committed to, and has worked with the School District toward,
getting a second school site; the seven-year option expired in
1987 but was extended by HBI to 1990, at the 1980 value.
Councilmember Thomas stated there is no option and there has never
been one.
Councilmember Camicia stated there is not an ironclad agreement;
if Council goes to Court and loses, the option might be lost; he
does not want to gamble with taxpayers' money and possibly pay for
May 3, 1983
13
a school site at present day prices instead of a 1980 price; would
like Council to provide leadership that would keep the City out of
Court and avoid the jeopardy that might be involved; and does not
want to do HBI any favors if there is a Court suit, and therefore
will abstain.
Councilmember Haugner stated she will abstain; that the Court is a
disinterested party who will listen; believes it is not possible
to be clear on this matter; and does not want to do a disservice
to the City or the City Attorney.
Councilmember Thomas stated the School District does not have money
for the school site; Council has the opportunity to get the school
site free; it is a public need; Council has the police power, is
elected to exercise that power and to vote for the public's best
interest.
Councilmember Haugner stated she believes if Council can get the
land from the developer, fine, but the matter should be put in the
hands of the Court; there are three votes and she would like the
vote taken.
Councilmember Thomas made a motion to take the 8-acre school site
that is indicated on the General Plan of the City of Alameda as the
last remaining acreage, if it is the last remaining acreage, at
this time.
The City Attorney inquired if the Planning Board could be
instructed to remove that 8 acres from the shoreline in Tract 4500
and put it over at that location that is reserved in Tract 3810,
and to start the necessary hearings and whatever else necessary to
make those amendments to the two tentative maps.
Councilmember Thomas so moved. Councilmember Monsef seconded the
motion, and it was carried by the following roll call vote: Ayes:
Councilmembers Monsef, Thomas and President Corica - 3. Noes:
None. Abstentions: Councilmembers Camicia and Haugner - 2.
Councilmember Thomas made a motion to enforce the 9-acre RV
provision in PD-77-5, and direct the Planning Board to begin
holding hearings on where the 9 acres should be; and also direct
the Planning Board to consider the interior 4 acre site adjacent to
the school as a potential site for RV parking.
The City Attorney suggested that be done in two motions.
Councilmember Thomas agreed and made a motion to enforce the 9-acre
RV provision in PD-77-5.
The City Attorney inquired if that could be done in the language he
recommended in his memo.
Councilmember Thomas requested he read that language.
The City Attorney read that "the final development plan required by
Condition 1 shall include the location and site plan for the 9-acre
recreational vehicle park as required by Condition 16 of [Planning
May 3, 1988
136
Board] Resolution 950."
Councilmember Thomas so moved. Councilmember Monsef seconded the
motion and it was carried by the following roll call vote: Ayes:
Councilmembers Monsef, Thomas and President Corica - 3. Noes:
None. Abstentions: Councilmembers Camicia and Haugner -2.
Councilmember Thomas moved the Planning Board begin holding
hearings to determine where the 9 acres of RV parking should be
located. Councilmember Monsef seconded the motion and it was
carried by the following roll call vote: Ayes: Councilmembers
Monsef, Thomas and President Corica - 3. Noes: None.
Abstentions: Councilmembers Camicia and Haugner.
Mr. Davis requested Council take action on the Stipulation.
The City Attorney commented that the matter had been held over from
the last meeting.
Mr. Davis commented that following the last meeting, HBI had sent
a letter holding off its request for the return of the $292,000
from the City and the School District until this meeting is
completed and the Stipulation request determined, and therefore,
there is absolutely no penalty to the City but it does allow the
42-units to be constructed, which are a lowered density.
Councilmember Thomas stated she would like to hear from the School
District as to what they want to do, and made a motion to continue
the Stipulation until Council hears from the School District; and
that the matter of the Stipulation be placed on the next agenda.
Councilmember Monsef seconded the motion and it was carried by the
following roll call vote: Ayes: Councilmember Camicia, Haugner,
Monsef, Thomas and President Corica - 5. Noes: None.
Abstentions: None.
88-313 Consideration of recreational vehicle needs on Bay Farm
Island. (Condition No. 4, Planned Development Amendment 87-6)
(Harbor Bay Isle Associates)
The City Attorney explained the purpose of the hearing, that
because of the constraints of the Appeal process where the public
was not going to be permitted to speak, two hearings were set, one
for each Condition, to see whether or not there were reasons for a
legislative decision contrary to the previous decisions already
made and for technical reasons they were put on after the Appeal.
President Corica opened the public portion of the hearing.
On the call for proponents [those in favor of acreage in Harbor Bay
Isle (HBI) for recreational vehicles] the following spoke:
Rosalie McPherson, 1128 Marianas Lane, Alameda Alliance of
Homeowners.
John Pappas, 342 Channing Way,
Steven Bookspan, 141 Stanbridge Lane, Lantern Bay Homeowners
Association
Charles McNeil, 101 Chinaberry Lane, Baywood Village Homeowners
May 3, 1988
Association
Allan Justus, 353
Gerhard Degemann,
Gerald Bloch,
Association
Bill Withrow, 133
Channing Way
19 Sandpiper Place
1933 Kaftan Parkway, Woodbridge Homeowners
Cumberland Way, Community of Harbor Bay Isle
On the call for opponents, the following spoke:
Stephen Brimhall, 1141 Harbor Bay Parkway, Harbor Bay Isle
[Submitted paper describing proposal regarding RV acreage]
The public portion of the meeting was closed.
Councilmember Thomas discussed the Gun Club and the proposal of HBI
submitted at the Council meeting; and stated she is not sure
Council should make a policy decision favoring the Gun Club with a
2 million dollar subsidy to avoid a legal Condition and does not
believe she can vote for it.
President Corica inquired about releasing the area; to which the
City Attorney stated the Gun Club has a lease with the City; the
City is the owner and the Gun Club has a 20-year lease for $1/year;
someone must first buy out the Gun Club and then deal with the City
and does not recall if the Gun Club's lease is assignable.
Councilmember Thomas stated the lease was renewed and thinks it has
only about twenty years and perhaps Mr. Brimhall would know.
Mr. Brimhall stated he believes the Gun Club has 13 years left on
the lease; that his proposal was not to give the Gun Club $2
million but instead, HBI would build an indoor pistol range and
give it to the Gun Club in lieu of the Gun Club's interest in the
property; the Gun Club would have the right to use the property
for the next 13 years for $13; if they turn the right over to HBI,
HBI would pay them by building that facility; the Gun Club agreed
to that; HBI would then come to the City and for the remainder,
would pay the City for the land; and they would be glad to sit
down and go over the matter, and if the City does not want it, HBI
is prepared to come in, do a 4-acre site and do it immediately in
the business park.
The City Attorney stated that action only need be taken if the
Council wished to change the position taken on the Appeal.
No action was taken.
88-314 Consideration of various needs for public land dedications
on Bay Farm Island. (Condition No. 5, Planned Development
Amendment 87-6) (Harbor Bay Isle Associates)
President Corica explained the procedure of the hearing.
The public portion of the hearing was opened.
On the call for proponents, the following spoke:
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138
Elizabeth Rogers, 1261 Weber Street
Peg Roberts, 3120 La Campania
Fred Scullin, 1120 Chestnut Street
[Submitted material regarding Conditions]
Bruce Young, 328 Capetown Drive, Alameda Alliance of Homeowners
Ronald A. Matthews, 106 Carob Lane, Baywood Village Homeowners
Association
Pamela G. DeSimone, 185 Inverness Way, Sandpiper Cove Homeowners
Association
On the call for opponents, the following spoke:
Debbie Damele, 78 Kilkenny
Stephen Brimhall, 1141 Harbor Bay Parkway, Harbor Bay Isle
[Submitted paper on proposal regarding school situation]
Councilmember Camicia requested Mr. Brimhall to explain again the
million dollars for Lincoln School.
Mr. Brimhall replied that HBI is willing to pay a cash fee of
$950,000 and to specify that it would be used to improve the
Lincoln School; that was one of the things agreed to; and
believes HBI is the only developer in the City that did not protest
the $1.50 per square foot imposed on all new homes built; cannot
do both of those and also an 8-acre school site; Amelia Earhart is
approximately 50% Harbor Bay children and 50% non-Harbor Bay
children; Harbor Bay gave the 8 acres for Amelia Earhart, and went
with the District to the State to get funding for the school.
Councilmember Camicia inquired that, assuming HBI is successful in
this lawsuit, what happens to the $950,000.
Mr. Brimhall replied that all HBI is asking is that the City
assign the 8-acre option to the School District, HBI would exercise
that agreement and pay them the money and it could be done within
two weeks.
Councilmember Thomas stated that HBI did get remote site status for
the School District, however it does not apply for middle school,
only K-5; and requested Assistant Fire Chief Bob LeGrone comment
on the Fire Station site study.
Assistant Fire Chief LeGrone commented that he is not prepared for
a Fire Station report but the committee is moving forward quickly,
has been restudying all the previous sites, reevaluated sites
offered by the developer, all of which they believe are
unsatisfactory, and have two sites to which they have given a high
priority and are working with Ryland Research Inc., which will also
be addressing this issue and hope to move forward very soon.
No action was taken.
REPORTS AND RECOMMENDATIONS
88-315 From Interim City Manager regarding Written Communications.
Richard Roth, 1417 - 5th Street, commented he wrote letter
May 3, 1988
139
suggesting written communications be combined with related agenda
items; would like related legislation be placed directly following
a hearing.
Councilmember Thomas inquired if the legislation could be placed
following the hearing.
Councilmember Thomas stated that perhaps the Municipal Code could
be amended to state that if there is a hearing with a related
proposed ordinance, it will follow consecutively.
The City Attorney stated that perhaps it could be amended to state
that an ordinance can be taken out of order without benefit of a
motion; or could state any item related to a hearing can be taken
out of order without benefit of a motion.
Councilmember Camicia stated that speakers are sometimes heard, the
matter then agendized and perhaps reagendized at a third meeting;
that two items in the report make sense, one being that letters be
checked to see which ones should be agendized and that existing
items be addressed when the item comes up for discussion; and he
would like writers informed that the matter is coming up and the
letter will be addressed under the agendized item; and he believes
Written Communications should remain at the beginning of the
meeting.
Councilmember Haugner inquired how decisions are made as to which
items are placed on the agenda, when they are addressed to the
Mayor and Councilmembers.
The City Clerk stated most letters become Written Communications;
if there is any question as to whether or not it is for
informational purposes only, or for Council attention, she contacts
the individual who wrote the letter, or discusses same with the
City Manager's office.
President Corica stated Councilmember Camicia's idea of having
someone get back to the writer of the letter to ask if they really
want it on the the Council Agenda, or letting them know their
letter has been distributed to all of the Councilmembers and
Council is aware of their letter, might be sufficient for some
writers.
Councilmember Haugner commented that sometimes people want an
action taken that can be done administratively; and rather than
any other action, perhaps staff should just take care of the
problems.
President Corica agreed and commented staff does correct some
matters but there are other types of letters and he is concerned
about the amount of time involved to call and inquire about
agendizing or not, but he would like to try that.
Councilmember Camicia stated some some items are heard several
times, and noted a letter was written about United Cable and was
heard at three meetings; on letters of that sort, he would like
staff to determine what needs to be agendized as an item; in the
May 3, 1988
140
case of the United Cable item, rather than hearing about it under
the Written Communications format, it might have made much more
sense to take the letter, develop the staff report and allow
Council to vote on it, and Council could have saved a meeting or
two.
President Corica suggested the procedure be tried that requires
staff to contact writers.
Councilmember Haugner stated she would also like the letter to be
placed with the hearing to which it applies and the writer notified
under which agendized item the letter will be considered.
President Corica commented he believed the writer would have to be
contacted and the placement must be agreed to; suggested the
procedures be applied and any other ideas considered.
Councilmember Haugner suggested that if a writer is not available
by telephone, a note can be written.
Councilmember Monsef made a motion to accept the report and
recommendation. Councilmember Haugner seconded the motion and it
was carried by unanimous voice vote - 5.
88-316 From Historical Advisory Commission on the historic value of
the original City Hall garage.
President Corica stated he had the item pulled from the Consent
Calendar because the recommendation notes the garage is not to be
demolished under any circumstances, and he believes there might
possibly be a need sometime for that space.
Following a brief discussion on possible action to be taken,
Councilmember Thomas noted that, as it is a report only, it can be
accepted as such, and further action can be taken by Council
whenever necessary.
Councilmember Haugner moved to accept the report, Councilmember
Thomas seconded the motion and it was carried by unanimous voice
vote - 5.
RESOLUTIONS
88-317 Resolution No. "Clarifying Council's intent that Four
Bridges be funded with CDBG/UDAG funds.
Councilmember Monsef stated the reason he took this off the Consent
Calendar is because at the previous Council meeting, some people
understood Four Bridges was funded but it was not as the motion
made by Council was on the Statement which did not include the
funding for Four Bridges; and he would like to see a report on how
the funding is going to be handled because the report under the
Consent Calendar item does not clearly state how the funding can or
will be accomplished.
Councilmember Camicia stated he believes Four Bridges should be
funded and if there is any problem with the funding, the matter
May 3, 1988
14.E
should be returned to Council.
President Corica stated the Statement should come back before
Council so that Council may review it again, as there might be
other areas from which the money can come.
Councilmember Monsef made a motion to bring the CDBG budget matter
back on the agenda. Councilmember Thomas seconded the motion and
it was carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
88 -318 Ordinance No. , N.S. "Amending Title XVII of the
Alameda Municipal Code to establish a two -hour zone in front of 512
Westline Drive." Introduced.
Councilmember Thomas made a motion to introduce the ordinance.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88 -319 Ordinance No. , N.S. "Amending Title XVII- of the
Alameda Municipal Code to establish all -stop signing at the
intersections of Broadway at Bayview Drive and Court Street at
Bayview Drive." Introduced.
Bill Kane, 2615 Bayview Drive, urged Council to pass the ordinance,
thanked Traffic Advisory Committee and Police Department for this
recommendation which should slow the traffic down; and requested
the Police Department continue to patrol the area.
Councilmember Thomas made a motion to introduce the ordinance,
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
88 -320 Ordinance No. , N.S. "Amending Title XVII of the
Alameda Municipal Code to establish Parking Meter Zones on the west
side of Webster Street between Pacific and Buena Vista Avenues."
Introduced.
Councilmember Monsef made a motion to introduce the ordinance.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88 -321 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by adding Article 6 to Chapter 3 of Title II thereof
establishing the Housing Commission of the City of Alameda and
prescribing membership and duties of said Commission. Introduced.
Councilmember Thomas made a motion to introduce the ordinance.
Councilmember Haugner seconded the motion.
Councilmember Monsef stated he will vote against it because he is
not in favor of the changeover to a separate Commission; and
maintains it is too soon to make this change because of the major
changes the Housing Authority has gone through over the past four
or five years; that it is too soon to give over such power to the
new Commission.
Fred Scullin, 1120 Chestnut Street, inquired if the existing
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142
By -Laws of the existing Housing Authority are still in effect or if
it is turned over to the new Commission.
President Corica clarified some of the responsibilities that will
be given the new Commission.
Mr. Scullin stated there were some items omitted in the By -Laws
concerning membership and how matters are decided by vote.
The Executive Director of the Housing Authority replied that those
items are prescribed by State law and therefore did not need to be
detailed again; that the Board of Commissioners of the Housing
Authority will continue, and the new Commission will need to adopt
its own rules of conduct for its meetings.
Councilmember Camicia moved introduction of the ordinance.
Councilmember Haugner seconded the motion.
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Haugner, Thomas and President Corica - 4.
Noes: Councilmember Monsef - 1. Absent: None.
88 -322 Ordinance No. 2380, N.S. "Amending the Alameda Municipal
Code by amending Chapter 3 Article 9 of Title XVII thereof relating
to temporary parking prohibition." (Emergency) Introduced and
adopted.
Councilmember Camicia made a motion for introduction and passage of
the ordinance. Councilmember Monsef seconded the motion and it was
carried by unanimous voice vote - 5.
FINAL PASSAGE OF ORDINANCES
88 -323 Ordinance No. 2381, N.S. "Amending the Alameda Municipal
Code to prohibit parking at various times and locations to
facilitate street sweeping." Adopted.
Councilmember Thomas made a motion to introduce the ordinance.
Councilmember seconded the motion and it was carried by unanimous
voice vote - 5.
UNFINISHED BUSINESS
88 -324 The City Attorney suggested Council clarify for the record
that Council's two Conditions imposed during the Appeal superceded
the Planning Board's Conditions.
Councilmember Thomas made a motion that the two Conditions Council
imposed supercede the Planning Board's Conditions. Councilmember
Monsef seconded the motion and it was carried by the following
voice vote: Ayes: Councilmembers Monsef, Thomas and President
Corica - 3. Noes: None. Abstentions: Councilmembers Camicia and
Haugner - 2.
NEW BUSINESS
88 -325 President Corica stated he has received complaints about
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143
Otis Drive where the sewers are being repaired, that trucks
traveling . too fast over the street (torn up for the project) and
the steel plate, cause problems, and directed the matter be
investigated.
88 -326 Councilmember Camicia stated Congressman Stark has
introduced a Bill regarding airport noise and its affect on
Alameda; and requested a resolution on the next agenda supporting
the Bill.
88 -327 Councilmember Camicia stated he would like a report
exploring the idea for a small municipal shuttle bus service to
BART, and for use of senior citizens throughout the day.
President Corica commented that the Traffic Advisory Committee has
had the matter under discussion, but have not yet been able to find
a site for parking of cars.
Councilmember Camicia stated there may be Federal or State money
available.
88 -328 Councilmember Haugner stated she has material on the East
Bay Municipal Utility District guidelines which the City is being
asked to follow and requests they be reviewed within the next two
weeks.
ADJOURNMENT
President Corica adjourned the meeting at 11:18 p.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.
May 3, 1988