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1989-10-17 Minutes2 7 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA OCTOBER 17, 1989 The meeting convened at 7:15 p.m. with President Corica presiding. ROLL CALL Present: councilmembers Arnerich, Thomas, Withrow, ana and President Corica - 4. Absent: councilmember Camicia - 1. The matter of Workers' Compensation Claim of Howard Zimmer, pursuant to Subsection (a) of the legal counsel section of the Brown Act [Agenda Item 2C], was withdrawn from the agenda, and the matter will not be heard during the Closed Session. .ADJOURNMENT TO CLOSED SESSION 89 -746 President Corica adjourned the meeting to a Closed Session to consider: a) Seavers of the lega Colvin v. City of Alameda, pursuant to Subsection (a) counsel section of the Brown Act. b) Cepparo v. City of Alameda et al., pursuant to Subsection (a) of the legal counsel section of the Brown Act. * [President Corica announced during the regular meeting of the City Council, held at 7 :52 p.m., regarding Seavers /Colvin v. City of Alameda, the status of the case was discussed; and regarding Cepparo v. City of Alameda, the matter was continued until after the regular Council Meeting.] ADJOURNMENT President Corica adjourned the meeting at 7:50 p.m. to reconvene, following the Regular Council Meeting, in Room 313, Conference Room, Third Floor. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for the meeting was posted in accordance with the Brown Act. October 17, 1989 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA OCTOBER 17, 1989 The meeting convened at 7:52 p.m. with President Corica presiding. Announcement by Mayor of Closed Session action(s), President Corica announced the actions taken at the Special Council Meeting during Closed Session at 7:00 p.m. 89 -747 Regarding Seavers /Colvin v. City of Alameda, the status of the case was discussed. 89 -748 Regarding Cepparo v. City of Alameda, the matter was continued until after the regular Council meeting. The Pledge of Allegiance was led by Councilmember Thomas. The invocation was given by Reverend Robert Keller. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas, Withrow, and President Corica - 5. [Councilmember Camicia arrived at 11:25 p.m. due to the earthquake.] Absent: None. [Councilmember Camicia absent from 7:52 to 11:25 p.m.] p.m. 89 -749 Mayor Corica announced, that due to the earthquake at 5:04 p.m., the Police and Fire Departments are on full alert, and the City is in good condition. Police Captain Mannix reported the City has minimal structural damage, some gas leaks with resulting evacuation, few injuries, but no significant problems; and a request from the County of Alameda for mutual aid is being evaluated. Fire Chief LaGrone stated the situation is under control; most damage suffered by the City is in utility and underground infrastructure e.g. breaks in high powered gas lines and water mains; there is one minor building fire, no reported loss of life, and extra forces will be kept on duty in case of aftershocks. In response to Councilman Arnerich's question, the Fire Chief outlined safety precautions citizens should follow. MINUTES Councilmember Thomas stated she would abstain from voting on the September 26, 1989 meeting as she was absent on that date. October 17, 1989 289 Councilmember Withrow made a motion to adopt the minutes of the Regular Council Meeting of October 3, 1989, Special Council Meetings of September 26, 1989, and October 3, 1989. Councilman Arnerich seconded the motion which was carried by the following voice vote: Regarding the minutes of the Special Meeting of September 26, 1989, Ayes: Councilmembers Arnerich, Withrow and President Corica - 3. Noes: None. Absent: Councilmember Camicia - 1. Abstentions: Councilmember Thomas - 1. Regarding the minutes of the Special and Regular Council Meetings of October 3, 1989, the motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Thomas, Withrow and President Corica - 4. Noes: None. Absent: Councilmember Camicia - 1. * * * * * * * * The City Council, at 8:10 p.m., convened the Community Improvement Commission Meeting which adjourned at 8:12 p.m. [See Minutes on file]. Council then returned to the Regular Council Meeting Agenda. * * * * * * * * SPECIAL ORDERS OF THE DAY 89-750 - Proclamation declaring October 15 - 21, 1989, as National Women's Business Week. Mayor Corica read the proclamation and presented it to Diane Coler-Dark, 2857 Jackson Street, who expressed her appreciation to Council on behalf of Alameda Business and Professional Women, 89-751 Proclamation declaring October 22 - 29, 1989, as RED RIBBON WEEK. Mayor Corica read the proclamation and commented on the red ribbon campaign against drug and alcohol abuse. CONSENT CALENDAR Mayor Corica announced that Item No. 1-C, report regarding taxicab inspection and permit fees (See *89-754) and Item No. 18, resolution limiting the number of taxicab permits (See 89-785), had been removed from the agenda and will not be heard at this time. Councilmember Thomas stated she would abstain from voting on Agenda Item No. 1-A, report recommending extension of time for City's Amnesty Program, regarding number of legal units in a structure (See *89-752); requested removal of Item No. 1-G, resolution reclassifying positions within the Fire Department (See 89-787) and Item No. 1-M, resolution amending agreement with East Bay Regional Park District (See 89-788), from the Consent Calendar to the regular agenda, and stated she would vote no on Item No. 1-S regarding Bills (See *89-768). By consensus of Council, the remainder of the Consent Calendar was approved. [One Abstention on *89-752 (Councilmember Thomas); One October 17, 1989 20 No vote on *89-768 (Councilmember Thomas)] Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *89-752 From Public Works Director recommending an extension of time for City's Amnesty Program (determination of number of legal units in a structure). (Councilmember Thomas abstained from voting on this item.) Approved. *89-753 From Police Chief regarding meter vandalism reward program. Approved. *89-754 From Police Chief regarding taxicab inspection and permit fees. [Removed from agenda: Not considered.] *89-755 From Finance Director submitting Investment Report for period ending September 30, 1989. Approved. *89-756 From Finance Director submitting quarterly Financial Report for period ending September 30, 1989. Approved. *89-757 From Fire Chief regarding status of the new Bay Farm Island Fire Station. Approved. RESOLUTIONS *89-758 Resolution No. 11848. "Awarding contract to Collishaw Construction, Inc. for the base bid for the Lucious Bateman Driving Range landscaping and fence installation project, No. P.W. 7-89-12, authorizing execution thereof, and authorizing negotiation in the open market, pursuant to Section 3-15 of the City Charter, for the purchase and installation of sod." Adopted. *89-759 Resolution No. 11849. "Authorizing negotiation in the open market, pursuant to Section 3-15 of the City Charter, for the replacement of a leaking irrigation line crossing Doolittle Drive just west of Harbor Bay Parkway and appropriating funds therefor." Adopted. *89-760 Resolution No. 11850. "Authorizing purchase of equipment in the open market, pursuant to Section 3-15 of the City Charter." Adopted. *89-761 Resolution No. 11851. "Authorizing open market purchase of undercover system for the Police Department." Adopted. *89-762 Resolution No. 11852. "Authorizing staff to negotiate in the open market for planting of the Portola Triangle Demonstration Garden." Adopted. *89-763 Resolution No. 11853. "Authorizing execution of an agreement with Peter Culley and Associates for assisting in the preparation of a mitigation and implementation program for October 17, 1989 291 potentially hazardous buildings (URM's - SB 547/1986)." Adopted. *89-764 Resolution No. 11854. "Authorizing execution of agreement with David M. Griffith and Associates, Ltd. to conduct a fee and charge cost analysis for the City of Alameda." Adopted. FINAL PASSAGE OF ORDINANCES *89-765 Ordinance No. 2453, N.S. "Amending the Alameda Municipal Code, Sections 2-331 through 2-339, concerning the powers and duties of the Historical Advisory Board, and Sections 10-911 through 10-981, concerning the designation and preservation of historical monuments." Adopted. *89-766 Ordinance No. 2454, N.S. "Amending Title XI, Article 4E, Chapter 1, of the Alameda Municipal Code by deleting references to newspaper vending machines in compliance with Sebago v. City of Alameda judgment." Adopted. *89-767 Ordinance No. 2455, N.S. "Amending the Alameda Municipal Code by amending Section 18-441 of Chapter 4, TITLE XVIII relating to lotteries." Adopted. BILLS *89-768 A List of Claims, certified by the City Manager as correct, was ratified in the amount of $899,797.81. [One No vote: Councilmember Thomas] * * * * * * * * * The City Clerk commented she had been informed that the Appellant on Agenda Item Nos. 6 and 7, Keta Taylor Colby, has been delayed in San Francisco due to the earthquake. Council discussed time limits for Appeals; possibility of postponement, possibility of waiver of time limits; admissibility of new evidence; and decided to hear the Appeals. WRITTEN COMMUNICATIONS 89-769 From Jim Hasak, Alameda, requesting consideration of a letter of evidence regarding the number of units at 1609 Lincoln Avenue. President Corica explained the background of the amnesty program regarding establishing the number of legal units. Councilmember Thomas stated there is a possibility of error in the Alameda County 1951 dwelling unit inspection records; a standard needs to be set regarding what kind of evidence the City will use if County records are not adequate. Councilman Arnerich agreed with Councilmember Thomas that guidelines should be established. October 17, 1989 292 President Corica commented if the amnesty program is expanded, perhaps that would help show the State of California that Alameda is trying to take care of its [housing] problems. Councilmember Thomas stated if good records documenting multiple units could be produced, and helps the City with low or moderate income housing, perhaps standards should be loosened. President Corica stated he would be in favor if it can be proven the additional unit is legal. Councilmember Thomas stated the County inspector may not have seen the attic unit; he may have viewed the house from the outside without seeing any evidence of the unit, the County records would thus be inadequate and the unit may be legal; she believes some leniency should be granted; when Mr. Kirby appeared before Council he offered a great deal of evidence on his unit; perhaps there is a medium, and perhaps the Community Development Department could determine how the matter could work for the City in terms of the housing element; the communication should be accepted but more information is needed. Lois Pryor, 1814 Clinton Avenue, commented anything Council can do to enable a person to rent the [Hasak] unit is important as there are so many people who cannot afford housing prices. The City Manager suggested staff return with additional criteria; and reviewed current criteria. Diane Coler-Dark, 2857 Jackson Street, favored softening of amnesty program to recognize existing units for inclusion in Housing Element; and Code enforcement to stop the bootlegging in of units. President Corica stated he would like to hear a motion for acceptance of the communication and the recommendation made by the City Manager. Councilmember Withrow so moved; Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 4. [Absent: Councilmember Camicia - 1.] Councilman Arnerich moved Agenda Item No. 10, regarding the Golf Commission appointment be taken out of order (See 89-770). Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 4. [Absent: Councilmember Camicia - 1.] 89-770 Resolution No. 11855 "Appointing Maynard (Bob) Gannon as member of the Golf Commission." Adopted. Councilman Arnerich moved the appointment be made. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. [Absent: Councilmember Camicia - 1.] The City Clerk administered the Oath of Office. October 17, 1989 293 HEARINGS 89-771 Consideration of acquisitions and improvements consisting of construction and acquisition of shoreline public access improvements, street improvements, bus shelters within public rights-of-way and all work necessary and/or convenient thereto, and determination of whether the public interest, convenience and necessity require said acquisitions and improvements. Marina Village Assessment District 89-1. The Finance Director explained the background of the matter. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. President Corica closed the public portion of the hearing. Councilman Arnerich moved the "recommendation that the City Council hold the public hearing and adopt the resolution(s) as outlined above in the report. The City Clerk noted [in connection with resolution Agenda Item No. 12 (89-781)] that there are no protests on file. In response to the City Attorney's recommendation that each resolution be voted on separately, Councilman Arnerich withdrew his motion. Councilmember Withrow moved adoption of Resolution Item No. 12 (89-781), and Councilman Arnerich seconded the motion. Councilmember Thomas stated at least one piece of property involved is the subject of a private legal dispute she does not believe has been resolved; and she does not want to vote on this matter until someone clarifies the situation. Following discussion regarding principals involved, delay of improvements, etc., President Corica stated it might be in the best interests of everyone to put this matter over until everyone can be present and make themselves heard. Councilmember Withrow stated he feels uneasy trying to make a decision on something of this nature when the principals involved are unavailable because of the unforeseen catastrophe that has occurred; and he moved to "postpone." Councilmember Thomas seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Thomas, Withrow and President Corica - 3. Noes: Councilman Arnerich - 1. Absent: Councilmember Camicia - 1. 89-772 Consideration of proposed Negative Declaration, IS-89-5, and General Plan Amendment GPA-89-2, to update the Housing Element of the General Plan, in conformance with State of California October 17, 1989 294 regulations, applicable city-wide and valid until 1995. Applicant: City of Alameda. President Corica announced 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 persons spoke: Deanna Johe, Housing Authority Commission, 3258 Ravens Cove. Lois Pryor, 1814 Clinton Avenue. On the call for opponents, there were none. President Corica closed the public portion of the hearing. President Corica stated perhaps more than twelve units could be legalized [See Table 2-1 of Draft Housing Element, dated 9-21-89] under the amnesty program, and the State should be made aware of Council's effort. Discussion followed regarding possible additional housing in the City through the amnesty program. * * * * * Earthquake Update The City Manager reported further information on the freeway collapse in Oakland, the on-call status of the National Guard; and the damage of water mains. The Planning Director noted the number twelve is a goal [Table 2- 1, Draft Housing Element dated 9-21-89] projected on the basis of the numbers during the last couple of years; if the process of amnesty is eased, there could be more than twelve. Councilmember Thomas suggested raising the number projected. Councilmember Withrow stated the number could be raised to twenty as it is a goal. The City Manager commented that liberalization of the amnesty policy could be a basis for showing the State that the number could be increased to twenty. The Planning Director stated language could be incorporated into the [Housing Element] text. Councilmember Thomas moved the related resolutions be taken out of order. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. [Absent: Councilmember Camicia - 1.] October 17, 1989 295 89 -773 Resolution No. 11856. "Approving proposed Negative Declaration IS- 89 -5." Adopted. Councilmember Thomas moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 4. [Absent: Councilmember Camicia - 1.] 89 -774 Resolution No. 11857. "Approving General Plan Amendment GPA -89 -2, a revised Housing Element for the City of Alameda General Plan." Adopted. Councilmember Thomas moved "approval with the changes noted that the number of units under the amnesty program is increased from twelve to twenty, with an appropriate notation." Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. [Absent: Councilmember Camicia - 1.] 89 -775 Consideration of Fiscal Year 1988 -89 Community Development Block Grant Performance Report. The Program Coordinator, Community Development Department, explained the background of the matter and noted the hearing is to receive public comments on the Performance Report. In reply to Councilmember Thomas's request, the Program Coordinator commented on the status of the Four Bridges program. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. President Corica closed the public portion of the hearing. Councilman Arnerich moved acceptance of the report, noting there is no other action required. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. [Absent: Councilmember Camicia - 1.] * * * * Earthquake Update President Corica and Fire Chief LaGrone gave an update on earthquake damage, noting that the situation in the City of Alameda appears to be stabilizing. APPEALS 89 -776 Consideration of Appeal of Planning Board approval of Final Development Plan FDP -89 -8, for a custom home to be constructed on Lot 15, Tract 4288, Promontory Pointe, Harbor Bay Isle. Applicant: Harbor Bay Isle Associates. Appellant: Keta Taylor Colby October 17, 1989 296 The City Attorney clarified that Appeals will be heard only on the record before the Planning Board unless the Appellant shows in the Notice of Appeals that he or she could not have produced certain evidence or that it was improperly excluded. Councilmember Withrow moved that Agenda Items Nos. 6 and 7 (89-776 and 89-777) be postponed. Councilman Arnerich seconded.the motion. President Corica inquired if Council is working off the record or not. Councilman Arnerich stated if no new evidence is being introduced, he would like to go ahead with the Appeal. The City Attorney commented for further clarification, if the Council finds the Planning Board improperly excluded evidence or new evidence exists which could not have been produced at the Board hearing, Council may refer the matter to the Board for rehearing. The Planning Director stated he believes the Promontory Homeowners' Association letter does not indicate there is an attempt to introduce any new infoiluation. President Corica stated he understood the homes were going to be built by owners and not developers; and the proposed change bothers him. President Corica announced the procedure of the Appeal. Councilmember Withrow withdrew his motion. The Planning Director explained the background of the matter. The public portion of the Appeal hearing was opened. John Scott Graham, 1728 Tregloan Court, stated he believes the height limit is being exceeded. R.G. Anderson, 15 Ennis Place, commented the developers stated, when applying for the variance for three story homes, that the lots would be sold to individuals to design and build their own homes, and there should be a public rehearing before the Planning Board; and noted the State Department of Real Estate should be notified when there is a change of plan. Noel Weidkamp, Senior Vice-President, Residential Development, Doric Development, 1141 Harbor Bay Parkway, stated condition for approval was not contingent upon houses being built by individual lot owners; houses are being built because homeowners are not building on their lots within one year of the time the lots were purchased, as they said they would; the Department of Real Estate was notified a change is being proposed, and if the homes are approved, an amended plan will be filed. Phillip Sherry, 16 Tullamore, stated the delay in building is due to a long process that must be followed, believes the Planning October 17, 1989 297 Board and homeowners were misled, and the matter should go back to the Planning Board for review; the lot owners may be a little tardy in building their homes but almost without exception, everyone has been diligently pursuing the building of their homes; and Council has been misled. President Corica closed the public portion of the hearing. Councilmember Thomas stated she would like to have the high fence in the Promontory area checked to see if it is consistent with the City's approval process; and discussed custom homes. Council further discussed the definition of custom homes; the sale of lots; and unsightly lots overgrown with weeds. In response to Councilman Arnerich's questions, the Planning Director responded there were no conditions of approval or other specific requirements of the City, that each lot be developed by an individual owner. Councilmember Withrow questioned Mr. Weidkamp regarding Doric Development's reasoning for changing the approach in marketing the lots; Mr. Weidkamp responded that action begets action; Doric is trying to design the three homes in coordinated fashion and will add greater value to the overall Promontory community. President Corica stated if the agreement was made with the lot owners that the building would be done only by lot owners, the agreement should be honored. Mr. Weidkamp stated if, as in the original plan, people had diligently proceeded to build their homes, the community would not have had an issue with the condition of the property, and Doric would not have had an issue with the future value of the community; Doric took a positive step to come up with a changed program that was in the best interest of the overall community, and is not proposing to build out the rest of the lots on Promontory, but to build some out that will maximize some of the lots and will seed the activity. Councilmember Thomas stated there should have been a better plan for the lots; perhaps amendments can be made to the plan so it will not be necessary for Doric to come back again for another change. Councilmember Withrow stated he is opposed to three-story houses already approved but an attempt to seed houses in order to encourage development would be good for the balance of Harbor Bay Isle; empty lots overgrown by weeds are detrimental, and he stated he would support the Planning Board. Councilman Arnerich concurred the Planning Board did a good job but stated it is a concern to him that Doric Development might return later to make another request for other homes. President Corica stated the plan was approved; if there are October 17, 1989 298 unsightly weeds, Doric should cut them; and he will not go along with the proposed change. Councilmember Withrow stated a motion to support the Planning Board." Councilman Arnerich seconded the motion. The vote on the motion was as follows: Ayes: Councilmembers Arnerich and Withrow - 2. Noes: Councilmember Thomas and President Corica - 2. Absent: Councilmember Camicia - 1. President Corica noted there are two noes, two ayes; no action. Councilmember Thomas commented the matter [because of the tie vote] will be heard at the next regular Council meeting; and that in the interim, she would like the developer and the Homeowner's Association to try to resolve their mutual concerns; perhaps a requirement could be placed for owners to contruct within a certain amount of time, perhaps require bonds, etc., in order to avoid coming back again. 89-777 Consideration of Appeal of Planning Board approval of Final Development Plan FDP-89-9, for a custom home to be constructed on Lot 20, Tract 4288, Promontory Pointe, Harbor Bay Isle. Applicant: Harbor Bay Isle Associates. Appellant: Keta Taylor Colby President Corica announced the procedure of the meeting. The Planning Director stated the issues are the same as for the previous Appeal. Councilmember Withrow moved for an extension of time to continue the meeting past 11:00 p.m.; Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 4. * * * * * * President Corica stated there were persons who wished to address Council, and the following persons spoke on the Appeal: John Scott Graham, 1728 Tregloan Court, stated he believed that Promontory was limited to two stories and a three-car garage. Phillip Sherry, 16 Tullamore, stated that he believes Council has been misled to some extent by Doric; the reason lots are not developed is because they have not been put on the market. R.G. Anderson, 15 Ennis Place, stated there is no need to seed anything because, of the twelve lots sold, all but one are at least in the planning stage. Noel Weidkamp, 1141 Harbor Bay Parkway, stated only three homes are occupied on the twelve lots released for sale about four years ago; other lots are not released as potential buyers view lack of activity, which depresses lot value. President Corica closed the public portion of the Appeal hearing. October 17, 1989 Councilmember Withrow moved that "we [Council] postpone the action on this [matter] until the next City Council Meeting." Councilmember Thomas seconded the motion. The City Attorney suggested that, because "the packet only contains the resolution and findings for approval, seeing that there is a split between the Councilmembers and it could go either way, a suggestion would be that the Planning Department be directed to come back with appropriate findings for denial also, and, or reversal of the Planning Board for consideration at the next hearing." Councilmember Withrow included the City Attorney's remarks in his motion and Councilmember Thomas seconded. The motion was carried by unanimous voice vote - 4. [Absent: Councilmember Camicia - 1.] * * * * * * * * * REPORTS AND RECOMMENDATIONS 89-778 From Personnel Director regarding nepotism. President Corica stated there are many City employees that have relatives also working for the City; and the intent of the report is to consider whether to continue as in the past or set a policy. Councilmember Thomas stated her request was for a more extensive report which would consider other situations; her concerns are what can or should be done to limit potential liability, and some phases of employment, e.g., hiring, selection procedures, working conditions, relatives participating on selection or review panels. Councilman Arnerich noted he could support a system that considers whether or not a person should be part of disciplinary procedure, or boards considering promotions, when a relative is involved; but does not believe the concern is to stop relatives working in other departments or employees continuing to work after marriage. Councilmember Thomas noted the Federal Government has a number of rules, e.g., number of members of households working at one time at a certain entity, selection, reviewing; and expressed concern about liability if multiple family members work on the same shift in public safety. President Corica stated he does not believe persons should have relatives working for the City; discussed reprimands of relatives; and added, if a person marries another employee, perhaps, as in some private companies, that person should look for another job. Councilmember Camicia arrived from San Francisco at 11:25 p.m., having been delayed through the evening because of the earthquake. October 17, 1989 300 Councilman Arnerich stated he does not believe when a City employee marries an employee in another department, one must leave. Councilmember Thomas suggested the Personnel Department report back with a comparison of nepotism policies in other cities,-and provide further information. The City Manager suggested the Personnel Director provide a policy addressing Council's concerns within the guidelines and legal interpretation of the City Attorney at the next available Council Meeting. President Corica stated it should reflect grandfathering in everyone currently employed by the City. Councilmember Withrow moved acceptance of the report. Councilman Arnerich seconded the motion, which was approved by consensus of Council. 89-779 From Recreation and Parks Director regarding ban of alcoholic beverages in City parks. President Corica stated that he does not believe anyone disagrees with the ban; if it is done in all the parks it will make it easier for the Police Department and it would be a benefit to the City. Councilmember Withrow moved approval. Councilman Arnerich commented that the report stated several recommendations, but has not addressed the matter of "all parks." Councilmember Withrow clarified he favors "all parks." The motion failed for lack of a second. Councilman Arnerich stated he is in favor of a ban on "all parks," however there has been discussion within the entire park system that the centers at Woodstock Park, Leydecker Park and Lincoln Park, which are rented out for weddings, etc., not be restricted. Councilmember Thomas stated the portion of the last recommendation which states "Continue to allow use of alcohol in the remaining parks and. . ." should be stricken, and "use of alcohol in park buildings by special permit" be retained. President Corica stated he would like to know the amount of revenue received from recreation centers for weddings, etc., where alcohol is used. The City Manager stated he would provide that information. President Corica stated if there is not a large amount of revenue, perhaps there could be a blanket policy. Councilman Arnerich stated he would support that. October 17, 1989 3Q1 President Corica suggested the report but not the recommendation be accepted, and Council wait for a further report. The City Manager stated he could bring back an ordinance that bans alcohol in all parks, excepting the buildings, for Council's decision; and he will provide the amount of revenue received from special events in which alcohol is allowed. RESOLUTIONS 89-780 Resolution No. . "Appointing Joseph Russi as member of the Recreation Commission." Held over. President Corica stated Mr. Russi is not in attendance and he would like the resolution held over. 89-781 Resolution No. . "Resolution overruling protests. (Marina Village Assessment District 89-1)" Continued. 89-782 Resolution No. . "Resolution ordering changes and modifications. (Marina Village Assessment District 89-1)" Continued. 89-783 Resolution No. "Adopting Engineer's Report, confirming the assessment, ordering the work and acquisitions and directing actions with respect thereto." (Marina Village Assessment District 89-1)" Continued. 89-784 Resolution No. . "Adopting a Street Tree Master Plan identifying policies for the preservation, maintenance, removal and planting of street trees." Continued. Councilmember Thomas suggested the matter be continued. Councilmember Withrow made a "motion to continue." Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 89-785 Resolution No. . "Limiting the number of Taxicab Permits in the City of Alameda." Removed from agenda. 89-786 Resolution No. 11858. "Authorizing waiver of City fees for Independence Plaza." Adopted. Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89-787 Resolution No. 11859. "Reclassification of two Fire Lieutenants' positions to Fire Captain." Adopted. Councilmember Thomas stated she pulled this item from the Consent Calendar because she would like an explanation from the Chief regarding the current status. October 17, 1989 302 Fire Chief LaGrone stated the station is staffed at company officer level by a captain on one shift and a lieutenant on the other two; and within the last few year's the level of responsibility has greatly increased; the matter has been discussed with the Firefighters Association and they support the reclassification. Councilmember Thomas moved adoption of the resolution. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 89-788 Resolution No. . "Authorizing execution of Amendment No. 1 to the Agreement between City of Alameda and East Bay Regional Park District for project management for Alameda South Shore Beach and Robert W. Crown Memorial State Beach Improvement Project, Phases IV and V." Tabled. Councilmember Thomas inquired when the fences and other items that are not consistent with the approval process will be removed by East Bay Regional Park District (EBRPD). The City Manager stated the EBRPD has not cooperated with the City, even though removal has been requested by a certain date and he has met with EPRPD three times. President Corica stated the matter could be taken to court. Councilmember Camicia suggested a letter be written to the President of the EBRPD. Councilmember Thomas moved to table the resolution. Councilmember Camicia stated he would second the motion if a letter is written to the Park District. Councilmember Thomas agreed to include in her motion that a letter be written to the President of the Board of EBRPD addressing the fence issue. The motion was seconded by Councilmember Camicia. The motion was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 89-789 Ordinance No. N.S. "Amending the Alameda Municipal Code to reduce the public discussion time limit at Council Meetings, except for public hearings, from 5 to 3 minutes." Introduced. President Corica stated his concern that some people might not have enough time to speak; if speakers are cut back perhaps some of Council should cut back; perhaps some meetings are long because of Council deliberations. Councilmember Camicia stated he believes five minutes is a long time to express an opinion at a podium as it can be done in three minutes; he agrees with President Corica that Council deliberation should be limited; some public debate is long because persons ask October 17, 1989 questions that could be answered, perhaps by staff making initial presentations. President Corica stated that could be tried; and perhaps Council could speak a little less than three minutes as Councilmembers have material before them that citizens do not have. Councilmember Camicia stated he would support that. Councilman Arnerich stated during the past year Council meetings have run very late many times; if speakers are limited to three minutes, more persons would have an opportunity to speak; three minutes would be a guideline. John Scott Graham, 1728 Tregloan Court, stated there were only ten speakers tonight, and Council spoke the rest of the time. Councilmember Thomas remarked Council is the problem but both people and representatives must speak; there should be improvement in agenda scheduling with thought on how long items should take; some things are not properly placed on agenda; most people do not take five minutes; items that take long can be placed on special meeting agendas; efficient use should be made of the Consent Calendar; in Oakland, Appeals are placed on Consent Calendar. Councilman Arnerich stated he believes speeding up the meetings will provide more efficient government, and most people do not take more than three minutes. President Corica stated he believes there should be better scheduling; and possibly more items could be placed on the Consent Calendar. Councilman Arnerich moved that Council "limit the speakers in the future with the exception of Hearings and other specified situations, we [Council] limit the speakers as much as possible to three [3] minutes: and as the Mayor should see fit as a Presiding Officer, if he thinks what the person has to say is of interest, the person can continue, but for the most part I think we should have some sort of legislation which would provide for more speakers and I also think that, not to place a limit on us but for us to really look upon ourselves to curtail our remarks and also have a speedy meeting." President Corica stated he has no problem but if it is to be done for the general public, it should be done for Council. Councilmember Withrow seconded the motion. Councilmember Camicia requested consideration of his idea about limiting the Council as well. Councilman Arnerich stated he would amend his motion accordingly. Councilmember Camicia stated if this approach does not work, there can be a change back to current procedure. October 17, 1989 304 President Corica stated he does not want to cut people off but if Councilmembers believe a person has spoken too long and make a motion to cut off or limit a speaker, then he will go along with it. Councilman Arnerich amended his motion "that the speakers from the floor be limited to three minutes and also members of the Council be limited to three minutes." Councilmember Withrow seconded. Councilmember Thomas inquired if the ordinance is being incorporated as it is proposed, with spokespersons getting 15 minutes. Councilman Arnerich clarified he is moving introduction of the ordinance with the [stated] amendments. Councilmember Thomas stated she would object because Councilmembers are spokespersons as elected representatives and should receive 15 minutes also. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, and Withrow - 3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. 89-790 Ordinance No. N.S. "Authorizing Grant of Easement to the Alameda Housing Authority to contain a fire access lane located between Webster Street and Constitution Way north of Atlantic Avenue." Introduced. Councilmember Camicia moved introduction of the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-791 Ordinance No. , N.S. "Amending Title XVII of the Alameda Municipal Code to establish four-way signs at the intersection of Island Drive and Fir Avenue." Introduced. Councilmember Camicia moved introduction of the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-792 Ordinance No. N.S. "Authorizing acquisition of certain real property for an eight-acre school site on Bay Farm Island pursuant to a Settlement Agreement." Introduced. Councilmember Withrow moved introduction of the ordinance. The City Manager noted the City Attorney has requested a modification in Section 2 of the ordinance, to add the words "upon execution" after "That certain Grant Deed. • ft Councilmember Withrow modified his motion accordingly. The City Manager noted there is apparently a dispute between the School District and Harbor Bay about the exact language of the October 17, 1989 Grant Deed. The City Attorney referred to the Settlement Agreement, page two, noting there is a reverter clause; and commented the thirty day period should not start until there is an executed grant deed. Councilmember Withrow amended his motion to include the City Attorney's remarks. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 89-793 Ordinance No. , N.S. "Authorizing transfer of certain real property for an eight-acre school site on Bay Farm Island pursuant to a Settlement Agreement." Introduced. Councilmember Thomas moved introduction of the ordinance. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. NEW BUSINESS 89-794 Councilmember Camicia requested Council move forward on an evaluation of the City Manager; shortly after that evaluate the City Clerk, and in six months, evaluate the City Attorney. 89-795 President Corica announced Council will move into Closed Session [to consider Cepparo v. City of Alameda, See 89-748]. ADJOURNMENT The meeting was adjourned at 12:10 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. October 17, 1989 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA OCTOBER 17, 1989 The adjourned meeting reconvened at 12:12 a.m. [October 18, 1989] with President Corica presiding. ROLL CALL Present: Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. Absent: None. ADJOURNMENT TO CLOSED SESSION 89 -796 President Corica adjourned the meeting to a Closed Session to consider: Cepparo v. City of Alameda, et al., pursuant to Subsection (a) of the legal counsel section of the Brown Act. Council reconvened at 12:28 a.m. and President Corica announced the actions taken during the Closed Session, as follows: 89 -797, President Corica announced regarding Cepparo v. City of Alameda, et al., Council discussed the status of the case. ADJOURNMENT There being no further President Corica adjourned business to come before the Council, the meeting at 12:30 a.m. Respectfully submitted,' DIANE B. FELSCH, CMC City Clerk The agenda for the meeting was posted in accordance with the Brown Act. October 17, 1989