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1989-11-07 Minutes318 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA NOVEMBER 7, 1989 The meeting convened at 7:05 p.m. with President Corica presiding. ROLL CALL Present: Councilmembers Arnerich, Camicia, Thomas, Withrow, and President Corica - 5. [Councilmember Camicia arrived at 7:09 a.m.] Absent: None. 89-809 President Corica adjourned the meeting to a Closed Session to consider: a) Appointed Employee Performance, pursuant to Government Code Section 54957 of the Brown Act. b) Retention of firm of Meyer and Mitchell as outside counsel on existing pending litigation, pursuant to Subsection (a) of the legal Counsel section of the Brown Act. c) Retention of law firms (other than Meyer and Mitchell) as outside counsel on existing pending litigation, pursuant to Subsection (a) of the legal counsel section of the Brown Act. d) 1082 Pension Improvement Committee, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act. [President Corica announced during the Regular Meeting of the City Council which convened at 7:42 p.m.: 1) regarding Appointed Employee Performance, the evaluation will be done next week [week of November 13th]; each Councilmember will evaluate the appointed employees individually; 2) regarding retention of the firm of Meyer and Mitchell as outside counsel on existing pending litigation, and regarding retention of law firms (other than Meyer and Mitchell) as outside counsel on existing pending litigation, the matter was discussed and evaluated and direction was given to the City Attorney to reassign certain cases; and 3) regarding 1082 Pension Improvement Committee, no action was taken.] November 7, 1989 ADJOURNMENT There being no further business to come before the Council, President Corica adjourned the meeting at 7 :35 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for the meeting was posted in accordance with the Brown Act. November 7, 1989 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA NOVEMBER 7, 1989 The meeting convened at 7:42 p.m. (following the Community Improvement Commission Meeting) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Withrow and Reverend Doug Henderson gave the invocation. ROLL CALL - Present: Absent: MINUTES Councilmembers Arnerich, Camicia, Thomas, Withrow, and President Corica - 5. [Councilmember Camicia arrived at 7:45 p.m.] None. Councilmember Withrow made a motion to approve the minutes of the Special Council Meeting of October 12, 1989, Special Council Meeting of October 17, 1989, Regular Council Meeting of October 17, 1989, Adjourned Special Council Meeting of October 17, 1989, Emergency Meeting of October 19, 1989, two Special Council Meetings of October 19, 1989, and Special Council Meeting of October 24, 1989. Councilman Arnerich seconded the motion. The motion regarding the minutes of the Special Council Meeting of October 12, 1989, Special Council Meeting of October 17, 1989, Regular Council Meeting of October 17, 1989, and the Adjourned Special Council Meeting of October 17, 1989, was carried by the following voice vote: Ayes: Councilmembers Arnerich, Thomas, Withrow, and President Corica - 4. Noes: None. Absent: Councilmember Camicia - 1. Regarding Emergency Meeting of October 19, 1989, two Special Council Meetings of October 19, 1989, and Special Council Meeting of October 24, the motion was carried by the following voice vote: Ayes: Councilmembers Thomas, Withrow, and President Corica - 3. Noes: None. Absent: Councilmember Camicia - 1. Abstentions: Councilman Arnerich - 1 [due to absence from the meetings]. Announcement by Mayor of Closed Session action(s), if any. Mayor Corica announced that at the Closed Session during the Special Meeting held at 7:00 p.m., the following action was taken. 89-810 Regarding Appointed Employee Performance, the evaluation will be done next week [week of November 13th]; each Councilmember will evaluate the appointed employees individually. 89-811 Regarding retention of the firm of Meyer and Mitchell as outside counsel on existing pending litigation, and regarding retention of law firms (other than Meyer and Mitchell) as outside counsel on existing pending litigation, the matter was discussed and evaluated and direction was given to the City Attorney to reassign certain cases. November 7, 1989 89-812 Regarding 1082 Pension Improvement Committee, no action was taken. Councilmember Camicia arrived to the Council Chamber at 7:45 p.m. CONSENT CALENDAR Councilmember Withrow requested agenda items No. I-D regarding State legislative advocate (See 89-852), No. 1-E regarding painted crosswalk on Fernside Boulevard at Liberty (See 89-853), and No. 1-F regarding traffic signal priority and schedule (See 89-854), be pulled from the Consent Calendar and placed on the regular agenda. Councilmember Thomas requested that agenda items No. 1-P resolution regarding construction of Yorkshire Sanitary Sewer Pump Station (See 89-858), and No. 1-R resolution regarding subdivision agreement for Tract 6111, Village V, Harbor Bay Isle (See 89-859), be removed from the Consent Calendar and placed on the regular agenda. Councilmember Camicia moved approval of the remainder of the Consent Calendar. Councilmember Withrow seconded the motion, and the motion was carried by unanimous voice vote - 5, with the exception of one No vote on *89-830 (Councilmember Thomas). Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *89-813 From City Auditor regarding cash handling procedures at Fire Station Department headquarters. (City Auditor's Report 89-4) Accepted. *89-814 From City Auditor on Popular Financial Report. Accepted. *B9-815 From City Manager regarding incorporating Strategic Plan objectives into City's General Plan. (Councilmember Withrow) Accepted. *89-816 From Police Chief regarding taxicab inspection and permit fees. (Held over from the October 17th Council Meeting Agenda) Accepted. RESOLUTIONS *89-817 Resolution No. 11862 "Amending the 1989-90 City of Alameda Budget by budget transfer from Workers' Compensation Fund to Personnel Budget." Adopted. *89-818 Resolution No. 11863 "Amending the 1989-90 City of Alameda Budget by establishing the position of Account Clerk." Adopted. *89-819 Resolution No. 11864 "Designating the Public Works Director to act as agent on behalf of the City of Alameda to the State and Federal Emergency Management Agency for all matters November 7, 1989 pertaining to Federal Disaster Assistance." Adopted. *89-820 Resolution No. 11865 "Adopting Plans and Specifications and calling for bids for the installation of the automatic sprinkler irrigation system at the Jack Clark Golf Course, No. P.W. 6-89-3, and authorizing execution thereof." Adopted. *89-821 Resolution No. 11866 "Authorizing open market purchase of one 1/2 ton pick-up truck for the Police Department." Adopted. *89-822 Resolution No. 11867 "Authorizing open market purchase of four portable commercial scales for the Police Department." Adopted. *89-823 Resolution No. 11868 "Adopting Specifications and Provisions for transit mix concrete material for period commencing December 1, 1989 through November 30, 1990, calling for bids, and directing City Clerk to advertise same." (No. M.S.P. 10-89-1) Adopted. *89-824 Resolution No. 11869 "Proclaiming continuing state of local emergency." Adopted. *89-825 Resolution No. 11870 "Approving Final Map of Subdivision known as Tract 6111 and accepting certain streets and easements (Neighborhood "B" Village V, Harbor Bay Isle)." Adopted. *89-826 Resolution No. 11871 "Authorizing receipt of funds granted by Alameda County Board of Supervisors, from General Fund monies to City of Alameda, for senior citizens services for Fiscal Year 1989-1990." Adopted. *89-827 Resolution No. 11872 "Adopting Plans and Specifications and calling for bids for exterior painting of the Mastick Senior Center, and authorizing execution thereof." Adopted. FINAL PASSAGE OF ORDINANCES *89-828 Ordinance No. 2456, 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." Adopted. *89-829 Ordinance No. 2457, N.S. "Amending Title XVII of the Alameda Municipal Code to establish four-way stop signs at the intersection of Island Drive and Fir Avenue." Adopted. BILLS *89-830 A List of Claims, certified by the City Manager as correct, was ratified in the amount of $2,161,808.37. [One No vote: Councilmember Thomas} November 7, 1989 Councilmember Camicia moved to take out of order Agenda Items No. 17 regarding Recreation Commission appointment (See 89-831) and No. 28 regarding appointment to Cable Television Oversight Committee (See 89-832). Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-831 Resolution No. 11873 "Appointing Joseph Russi as member of the Recreation Commission." (Held over from the October 17th Council Meeting Agenda) Councilmember Thomas made a motion to adopt the resolution. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 89-832 Consideration of nomination for appointment to the Cable Television Oversight Committee. (United Cable representative) President Corica noted Ms. Ronda Cohn is the new General Manager for United Cable Television of Alameda, and nominated her for appointment to the Cable Television Oversight Committee. Councilmember Withrow moved approval of the nomination. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. WRITTEN COMMUNICATIONS 89-833 From Wayne T. Pearce, Alameda, regarding north field operations at the Oakland Airport. Written Communication from Charles Foster, Port of Oakland, concerning reconstruction and repair project. George Watson, Port of Oakland, 66 Jack London Square, Oakland, Aviation Project Manager for reconstruction of the Oakland Airport's main runway, addressed Council on the status of the reconstruction and the impacts on the aircraft operations up to November 20th. He noted the Manager of the Federal Aviation Flight Standards District office was present at the meeting to respond to Council questions. Councilmember Camicia commented on departure/arrival activities. In response to President Corica's inquiry if air conditioning is turned off on departure, Mr. Watson responded a number of things are done to enhance departure, and perhaps the airlines could be questioned about pressurization. Councilman Arnerich moved acceptance of the written communication. Councilmember Withrow seconded the motion. Councilmember Camicia stated Mr. Watson had noted there were November 7, 1989 persons who were willing to discuss the issue and suggested Council request they write a letter explaining the safety considerations. Council, by consensus, approved the motion. 89-834 From James Spitzer, Alameda, concerning the Ballena Bay Hotel Project. Councilmember Withrow moved to accept the communication. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89-835 From Clayton Guyton, Alameda, regarding earthquake preparedness. Richard Roth, 1417 - 5th Street, suggested Council place earthquake preparedness on agenda so Alameda citizens will know how to proceed under various circumstances. President Corica stated the City has an emergency operations center located in the Police Department; there are periodic mock exercises, and priority given to building permits for damage repair. The City Manager added there will be another mock exercise in December. Councilmember Camicia noted that he and Councilman Arnerich have written a memo to Council requesting staff keep track of repair and restoration efforts in other communities and report to Council what other communities have done during this crisis, and agendize same so people can talk about what the City should do in the event of another disaster. President Corica stated there will be a meeting with the City of Oakland to discuss the matter of earthquake preparedness. Councilman Arnerich commented that the Fire Department's "Home Earthquake Disaster Plan and Survival Guide" is detailed and will be implemented throughout the community. Clayton Guyton, 457 Buena Vista, #305, Alameda, stated the Fire Department pamphlet is a very good one; his concern is with large apartment complexes with many people who could panic and, particularly with children and senior citizens present, cause serious problems. Councilmember Withrow moved acceptance of the communication. Councilmember Thomas expressed various concerns regarding rebuilding after an earthquake, e.g., historic buildings, design review, commercial districts, and building permit process. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. November 7, 1989 HEARINGS 89-836 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 acquisition and improvements. Marina Village Assessment District 89-1. (Continued from the October 17th Council Meeting) President Corica stated the procedure of the hearing. 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. Councilmember Withrow moved approval [to take related resolution out of order]. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89-837 Resolution No. 11874 "Overruling protests. (Marina Village Assessment District, 89-1)" (Continued from October 17th Council Meeting) Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-838 Resolution No. 11875 "Ordering changes and modifications. (Marina Village Assessment District, 89-1)" (Continued from October 17th Council Meeting) Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-839 Resolution No. 11876 "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 from October 17th Council Meeting) Councilmember Camicia moved Councilmember Withrow seconded following voice vote: Ayes: Withrow, and President Corica - 1. Absent: None. adoption of the resolution. the motion which was carried by the Councilmembers Arnerich, Camicia, 4. Noes: Councilmember Thomas - November 7, 1989 89-840 Consideration of Proposed Amendment to Fiscal Year 1989-90 Statement of Community Development Objectives and Projected Use of Funds. President Corica announced the procedure of the hearing. The Community Development 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. Councilmember Thomas moved the related resolution be taken out of order. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 89-841 Resolution No. 11877 "Amending Fiscal Year 1989-90 Statement of Community Development Objectives and Projected Use of Funds." Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. APPEALS 89-842 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. (Continued from October 17th Council Meeting) Written Communication from R.G. Anderson, Alameda, requesting Council to rescind Planning Board's approval of the two "spec" homes. President Corica noted the matter had been continued from the October 17th Council Meeting. The Planning Director explained the background of the matter. Councilmember Camicia stated he viewed the tape of the October 17th meeting [and, therefore, heard the testimony of the Appeal]. Keta Taylor Colby, 15 Tullamore Place, Appellant, stated she believes the proposed change is a fundamental one, there is no problem with development at Promontory, the objection is what Doric is going to do with the remaining lots, owners have already seeded the area, and the homeowners will be disappointed if Doric is not held accountable. November 7, 1989 327 R. G. Anderson, 15 Ennis Place, stated if Doric builds homes without a new Department of Real Estate public report authorizing the change, that will be a violation of State law; and believes it improper for Planning Board or Council to authorize permits in violation of State law. Phillip Sherry, 16 Tullamore Place, stated he believes the Appellant has covered the grounds of concern; and requested that the matter be returned to the Planning Board. Noel Weidkamp, Doric Development, 1141 Harbor Bay Parkway, stated out of nine lots sold by 1986, only two are occupied and two were resold without being built; Doric is trying to correct the problem by seeding some activity in the next group [of lots]; if approval is given to build the homes, Doric will then apply to the Real Estate Department; the proposed homes are custom homes; pursuant to Councilmember Thomas's request at the last meeting for a compromise/solution, Doric offered Appellant and owners to limit the maximum number of homes in the remaining 21 lots; Doric would like to build six homes, but would like flexibility to build nine if necessary. Councilman Arnerich inquired if the nine homes were allowed to be built, could they be built in various stages. Mr. Weidkamp stated if nine were to be built, which is not the current plan, the homes would probably be built in groups of two or three. Councilmember Camicia inquired if there are other homes on Harbor Bay Isle like the proposed homes; to which Mr. Weidkamp stated they are uniquely designed individual homes. President Corica closed the public portion of the hearing. Councilmember Camicia noted Council is limited to deciding whether the Planning Board acted properly or improperly, and inquired if there can be negotiation. The City Attorney responded that under the Appeal to the City Council Rules, Section 11-1101 states that the City Council may reverse or modify the decision of the Board if it finds from the record either, that the Board entered findings contrary to the standards of the applicable sections of Chapter 1 or 2 of this Title or that the findings of the Board are not supported by substantial evidence in the record and once Council makes those findings Council may modify the decision accordingly. Councilmember Thomas commented the question appears to be whether or not individual homes are the same as custom homes; the developer should have cured the problems at the beginning, through commitments requiring construction within a certain period of time, a certain amount of value expended, landscaping maintained even during construction; and does not support allowing developer to November 7, 1989 proceed. Councilmember Withrow referred to the City Attorney memorandum in the Council packet which notes the "City has no role in requiring the developer to have individual owners build custom homes on the lots in Promontory Pointe. None of the City's requirements and conditions of approval required the developer to sell individual lots to owner/occupants who would then build their own house." and he does not believe that Council has an issue. President Corica stated the developer made a statement and now wants to change; and he believes the people that purchased lots would feel they have been sold a bill of goods. Councilmember Camicia stated he believes legally there is nothing Council can do and the best Council can do is make some changes; the plan does not seem to be working; and he suggested Council reduce the number of homes Doric wants to build [93, allow Doric to build the three proposed homes and "only allow three more, and allow those three to be built in phases, so they can be used as an example, if you will, for people who then want to come in and build their own house and I would like to offer that as an alternative and I will move that we deny the Appeal and include that [alternative] as part of the motion." Councilmember Withrow seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia and Withrow - 3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. 89-843 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. (Continued from October 17th Council Meeting) President Corica announced the procedure of the hearing. The Planning Director explained the background of the matter. Keta Taylor Colby, 15 Tullamore Place, thanked Council for its action [in the previous appeal (89-842)], and commented that having a limitation makes the homeowners feel much better and that the community will be something like they believed they were going into. President Corica closed the public portion of the hearing. Councilmember Withrow moved the same motion as for the prior Appeal [89-842]. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, and Withrow - 3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. 89-844 Consideration of Appeal of Planning Board condition of November 7, 1989 approval for Use Permit, UP-89-15, to permit the construction of a twenty-foot high fence surrounding the Lucious Bateman Driving Range, within the 0, Open Space District pursuant to Section 11-1379(a) of the Zoning Ordinance. Applicant/Appellant: City of Alameda Engineering Division. President Corica announced the procedure of the hearing. The Planning Director explained the background of the matter. President Corica noted there were no speakers on the subject. President Corica raised the question of using a vinyl covered fence, to which the Public Works Director responded that a galvanized chain link fence lasts without painting; if the vinyl was used it would become damaged and the fence would need to be galvanized also; and the cost would be much more. 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. The Golf Course Manager commented the galvanized fencing would best suit the needs. Councilman Arnerich commented the cost of the galvanized fence is $50,000 and the cost of a vinyl covered fence is $116,000 and he believes that is too much to make it more aesthetically pleasing; the fencing area will be landscaped; and he believes the Appeal should be granted to the Recreation and Parks and Public Works Departments. Councilman Arnerich moved that Council agree to "the original proposal by the Recreation and Parks Department and the Public Works Department to proceed with the $50,000 outlay for the purchase of the galvanized fencing as requested in the original [proposal] and to uphold their Appeal." Councilmember Withrow seconded the motion. Councilmember Thomas commented such fences are banned in residential neighborhoods and this [area] abuts a residential neighborhood. The Public Works Director responded under a use permit it can be allowed; the fencing was the only logical material to do the job. President Corica stated he believed the neighbors would rather have a chain link fence than a 15-foot high wood fence to prevent the stray balls. Councilmember Thomas stated she sees the appropriateness of the fence but not the appropriateness of the ordinance banning cyclone November 7, 1989 fences in the residential neighborhoods. The Planning Director commented that if Council approves the Appeal, Council could reiterate the Planning Board findings except change the one regarding the color of the fence and -provide a finding that the fence adequately should be screened from view by the eucalyptus trees that are planted along it. Councilmember Camicia requested those findings be included. Councilmember Withrow seconded the proposed [Camicia's] amendment to Councilman Arnerich's motion. The motion was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 89-845 From Chairman, Historical Advisory Board, recommending Council fill the Council vacancy on the City Hall Building Committee, and direct staff to convene a meeting of the Committee to review the progress of the architect. Robert DeCelle, P.O. Box 1606, Chairman, Historical Advisory Board, stated if progress is not made quickly, State and Federal funds may not be obtainable, and he hopes Council has selected a Councilmember to serve on the Board and will encourage staff to immediately call a meeting with that Councilmember present. Dave Plummer, 1401 High Street, stated he believes the architect is a good choice, but it is distressing that a meeting has not been called even though the architect has requested one; the architect needs direction; and he urged Council finish the City Hall project. Councilmember Camicia commented on a letter received from the Planning Board President requesting a Planning Board Member be appointed; and he believes that to be appropriate. President Corica agreed. Councilman Arnerich suggested consideration of Mr. Wood's [Planning Board President] letter, and an appointment to the Committee as expeditiously as possible. Councilman Arnerich moved acceptance of the report and recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-846 From Chairman, Finance Committee, submitting Committee status report. Councilmember Camicia stated the Committee has done an excellent job and is saving a lot of money for the City. Councilman Arnerich moved to accept the report, and vote for the November 7, 1989 continuation of the Committee, as it was only put into for one year which will end in December, 1989. Councilmember Camicia seconded the motion which was unanimous voice vote - 5. operation carried by 89-847 From Chairman, Finance Committee, regarding transfer of funds from Golf Course to the General Fund. Charles Tillman, 2415 Roosevelt Drive, stated he believes, with $1,800,000 in reserves, there is ample money for capital improvement projects for the Golf Course; and it is time the Golf Course started to make a contribution to the City's General Fund. President Corica noted the recommendation is that this matter be referred back to the Golf Commission. Councilman Arnerich moved to "send the matter back to the Golf Commission for their recommendation to the Council, for study." Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow, and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 89-848 From City Attorney regarding City of Alameda v. Foster and Kleiser, et al. (billboard removal) and Metromedia, Inc. v. City of Alameda (Business License Fee). Councilmember Thomas stated she requested this item because of the question of whether or not the billboard removal would require compensation and the City Attorney's report states, "Therefore, it appears that the billboards in question may be removed without compensation being paid to the Companies. The deadline for removal is September 1, 1991."; and she believes in view of the fact the City won this case, Alameda is entitled to be a billboard free City, it will enhance the beauty of the City and be a safety factor, and she would like to know what is necessary to start the removal process, e.g. alerting the companies. Councilman Arnerich agreed with Councilmember Thomas. President Corica noted he believes the companies' names have changed. Councilmember Camicia commented the names have changed; a letter would be appropriate to both of those companies as a reminder. Councilmember Thomas added permits also would be needed. Councilmember Withrow moved "the City Attorney update the documentation to reflect the current names and places." Councilmember Thomas stated she would like to notify them of Council's intention to enforce the Judgment. November 7, 1989 Councilmember Withrow included notifying the companies of Council's intention into his motion. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 89-849 From Planning Director regarding continued consideration of the Alameda General Plan Revision Working Paper, including information on a Citizen Survey. The Planning Director explained the background of the matter. Ed Murphy, 2618 Janis Circle, stated there were many opportunities for the public to provide input, it appears to be late in the process to have a survey, and it could complicate matters if the public supplies options in conflict with something already approved. Amey Stone, 1623 High Street, stated the survey would seem to be an acceptable way of gathering information; she assumes the formulation of the questions would be done by a professional; and her concern is what material would be provided to the residents so they could make an informed opinion and statement. President Corica stated he believed it would be a simple survey, possibly a Bureau of Electricity mailer. Councilmember Withrow stated he agrees with the Planning Director's recommendation regarding a survey and the speakers and sees more downside risk than upside potential; on the economic Fiscal Model, the consultant is discussing 250 hours, and he does not see that as a worthwhile alternative; the fourth alternative regarding the Northern Waterfront appears to be a worthwhile investment. President Corica stated if a survey is to be sent, it must be worked out what questions would be important to help with the Housing Element; the method of making the survey must be determined and the questions must be drawn up. Councilmember Camicia stated there were many hearings throughout the community and there was much public input with strong opinion; if a survey is to be done, it must be done correctly and would be expensive, and he is reluctant to do it. Councilmember Camicia made a motion to deny the survey. Councilmember Withrow seconded the motion. Councilmember Thomas stated she had requested a survey from the beginning; she wanted a survey like the one done before CLUP with simple questions. 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. Councilmember Withrow moved to decline pursuing the Fiscal Model. November 7, 1989 Councilmember Camicia seconded the motion, which was carried by unanimous voice vote - 5. Councilmember Withrow moved to pursue the Northern Waterfront. Councilmember Camicia seconded the motion. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Councilmember Thomas - 1. Absent: None. 89-850 From Planning Director regarding request by John Beery, Jr. for consideration of emergency approval of construction and operation of a Ferry Terminal at Alameda Gateway. President Corica reviewed, for both the public and Council, his activities following the earthquake; the coverage by the press; the meetings with President George Bush and the Mayors of San Francisco and Oakland; and reviewed the installation of the emergency ferry service. In response to Councilmembers Camicia and Withrow's concerns regarding lack of notification of the ferry service installation, Mayor Corica emphasized that things were moving so quickly there was not time. Councilmember Withrow stated that an emergency Council meeting should have been called to allow Council to establish communication and participate in establishing policy for the City. Councilmember Thomas stated the Mayor and City Manager did an excellent job. Gerhard Degemann, 19 Sandpiper Place, thanked all for making the ferry available; and stated the City did a great job. John Scott Graham, 1728 Tregloan Court, stated Berkeley put their ferry system in within 7 days and did it properly; and encouraged putting up a terminal that will survive another earthquake. Darlene Banda, P.O. Box 1089, stated she would like to commend the Mayor for taking quick action, and being directly involved. Any Lewis, member of the North Bay Water Commuters, 3004 Brook Street, Oakland, stated she is interested in giving assistance to communities hoping to keep ferry systems going; and noted a temporary building during bad weather would be helpful. John Beery, 1257 St. Charles, stated ridership is growing; he is requesting a special meeting of the Planning Board so a special canopy can be erected to shelter people in bad weather; the emergency is that the funding is present for a temporary structure; the City and Federal Emergency Management Agency (FEMA) requested a budget on the structure; he stated he will post a bond to take the structure down if it is found to be obtrusive; if an emergency meeting is not called, then there may not be a ferry system that November 7, 1989 will last because the people will not be able to be protected. President Corica stated he would like a building Alameda could be proud of but if action is taken now for a large attractive building, there would be an appearance of taking advantage of the [emergency] situation. Councilmember Withrow commented on accelerating the process through an emergency meeting of the Planning Board but questioned the necessity of going through the Planning Board process for the temporary structure. The Public Works Director reported his interaction with FEMA; stated at the next meeting, a request will be presented to Council for permission to apply for a grant for terminal facilities and possibly vessels and believes the building might be more suitable under the grant program than under the emergency situation; the subsidies for the ferries signed by the Governor has been extended through January. Councilmember Camicia commented that the Oakland Bay Bridge would soon be repaired and opened, and there needs to be an arrangement for shelter so the riders will not be discouraged from using the Ferry service. The Public Works Director stated he doubted FEMA would fund a temporary structure and that a grant program will take a longer time. Mr. Beery stated if some permanency can be exhibited, progress can be made toward a grant. The Planning Director stated he is not certain the Planning Board must hear the matter if the situation is considered a temporary emergency basis; it is possible to move ahead if actions are immediately initiated to make them permanent; the environmental process has already been initiated for the permanent Ferry service. Councilmember Thomas inquired if the Development Agreement with Alameda Gateway needed to be amended, to which the City Attorney responded that it is her understanding there is no problem as long as the structure is temporary and going through the planning process; if there is approval, she will review the matter to be sure there are no violations of provisions of the Development Agreement or the settlement of a lawsuit. Councilmember Withrow inquired if Council could request staff to find a way to keep passengers out of the rain, to which the Public Works Director stated staff will do its best. Councilmember Thomas moved to allow Mr. Beery to come up with a design, as long as he commits to the terms, contingent upon the City Attorney reviewing the Development Agreement and determining if there is some way the City can participate or should participate. November 7, 1989 Councilman Arnerich seconded the motion, and asked clarification if the terms refers to the eight terms in the Planning Director's letter, the insurance, bond, removal of construction, etc., to which Councilmember responded those are the terms. [Note for the record: There was no vote on Thomas's motion.] President Corica stated he has no problem doing this but is still concerned about the funding, that it might appear the building is elaborate and the money given elsewhere. The Public Works Director stated more information is coming from FEMA. The City Manager stated the Public Works Director will have information to bring back at the next meeting; and the steps to be taken can be provided for application for the grant by December 1st. Following further discussion regarding grant monies, time constraints, commitment from Crowley, etc., Councilman Arnerich moved that the Public Works Director acquire more information [FEMA and Grant Program], City Attorney answer legal questions [raised by Council regarding Alameda Gateway Development Agreement], and staff schedule a Special Council Meeting on the matter next week. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-851 From Public Works Director regarding damage to public facilities as a result of the October 17, 1989 Earthquake. Gerhard Degemann, 19 Sandpiper Place, expressed concern with possible liability regarding construction (mudsills) which utilize nails instead of construction bolts. Councilmember Withrow moved to extend the meeting beyond 11:00 p.m.; and Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Councilmember Withrow moved acceptance of the report. Councilmember Camicia seconded the motion. Councilmember Thomas requested staff look into effect and liability of liquefaction, and retrofitting as discussed by Mr. Gerhard Degemann. The motion was carried by unanimous voice vote 5. 89-852 From City Manager regarding state legislative advocate for November 7, 1989 the development and construction of a 66th Avenue crossing. Councilmember Camicia stated he had requested investigation of a Request for Proposal for lobbying firms; and would like Council to pursue the matter. President Corica stated he has questions about lobbyists, believes Council can do its own lobbying if Council agrees on the 66th Avenue crossing; and discussed expense of lobbyists. Councilmember Camicia stated he simply wants an investigation of the matter. Councilman Arnerich stated there would be no monies expended at this point. Councilmember Camicia stated if a crossing is to be established, there needs to be someone to pursue it on a long-term basis; therefore he suggests members of staff and Council should go to Sacramento to determine if it is possible, and if it is not, then it need not be discussed further. Councilmember Withrow so moved. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, and Withrow - 3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. 89-853 From Public Works Director regarding Traffic Advisory Committee's recommendation to deny request for a painted crosswalk on Fernside Boulevard at Liberty. (Vice Mayor Arnerich) Councilmember Withrow stated he would like to see the crosswalk painted on Fernside at Liberty Avenue as proposed. Councilman Arnerich commented there is a painted crosswalk at Fernside and Central Avenue and does not see why there should not be one on Fernside at Liberty. Councilmember Thomas stated the report regarding the San Diego experiment concerning crosswalks shows a decline in deaths when the number of painted crosswalks was decreased and she cannot support the painting of the crosswalk. Councilman Arnerich stated painted crosswalks are an aide when instructing young children on how and where to cross streets safely. The Police Chief responded to various questions posed by Council related to enforcement issues, and right of way. By consensus of Council, staff was directed the crosswalk at Fernside Boulevard at Liberty be painted. Councilmember Thomas voiced opposition to it. November 7, 1989 89-854 From Public Works Director on traffic signal priority and schedule. Councilmember Withrow stated there are needs for traffic signals and some are deferred because of a lack of money and -that fact should be taken into consideration when the budget is discussed. Councilmember Withrow moved to accept the report. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. RESOLUTIONS 89-855 Resolution No. "Adopting a Street Tree Master Plan identifying policies for the preservation, maintenance, removal and planting of street trees." (Held over from the October 17th Council Meeting Agenda) The Public Works Director explained the background of the matter. Councilmember Withrow moved Option No. 2. [Resolution No. 2 provided for Council's consideration.] The Planning Director expressed the considerations of the Planning Board and the Board's commitment to a program for street trees. President Corica inquired if the Council would like to continue the matter. Councilmember Withrow moved to defer the matter to the November 21st Council Meeting. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. Dave Plummer, 1401 High Street, commented that there will be undergrounding which he hopes will affect the decision on the size of the trees; and he favors large trees. John Scott Graham, 1728 Tregloan Court, stated the large trees often provide a sun shield for drivers when there is late afternoon sun. 89-856 Resolution No. 11878 "Limiting the number of taxicab permits in the City of Alameda." (Councilmember Thomas) (Held over from the October 17th Council Meeting Agenda) Councilmember Thomas stated she would like to see the number of taxicabs limited to 96 cabs instead of 125 and so moved. Councilmember Camicia seconded the motion which was_ carried by unanimous voice vote - 5. 89-857 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Chapter 1 of Title VII thereof to limit the number of taxicab permits in the City of Alameda." Introduced. Councilmember Thomas moved introduction. Councilmember Withrow November 7, 1989 seconded the motion which was carried by unanimous voice vote - 5. 89-858 Resolution No. 11879 "Adopting Plans and Specifications and calling for bids for the construction of Yorkshire Station Sanitary Sewer Pump Station and other sewer rehabilitation at various locations, No. P.W. 10-89-17, and authorizing execution thereof." Councilmember Thomas questioned if there is developer liability to which the Public Works Director responded the area is 25 years old, deterioration is natural and there is no developer liability. Councilmember Thomas further discussed the pumping system with the Public Works Director. Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-859 Resolution No. 11880 "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision Tract 6111 and approving bonds as to sufficiency (Neighborhood "B" Village V, Harbor Bay Isle)." Adopted. Councilmember Thomas discussed the matter of fill, liquefaction, and the sewer system with the Public Works Director. Councilmember Withrow moved adoption of the resolution. Councilmember Camicia seconded the motion. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. INTRODUCTION OF ORDINANCES 89-860 Ordinance No. N.S. "Amending Title XVIII, Article 1, Chapter 7, of the Alameda Municipal Code by repealing references to loitering and displaying signs." Introduced. Councilmember Withrow moved introduction of the ordinance. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Thomas, Withrow and President Corica - 4. Noes: Councilmember Camicia - 1. Absent: None, 89-861 Ordinance No. , N.S. "Amending Title XVII of the Alameda Municipal Code for a u-turn prohibition at the intersection of Encinal Avenue and Fernside Boulevard." Introduced. Councilman Arnerich moved introduction of the ordinance. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 89-862 Ordinance No. 2458, N.S. "Amending the Alameda Municipal Code to reduce the public discussion time limit at Council November 7, 1989 Meetings, except for public hearings, from five (5) to three (3) minutes." Adopted. Elizabeth Roth, Alameda, stated her opposition to limiting time for speaking. Gerhard Degemann, 19 Sandpiper Place, stated it appears Council is not interested in listening to the people; and cannot understand Council's limitation on itself. Richard Roth, 1417 - 5th Street, suggested Written Communications should be placed next to New Business so that regular business can be handled in an orderly fashion; and is opposed to the proposed time limitations. President Corica stated he still believes the time limit should remain at 5 minutes. Councilman Arnerich stated the intent is not to limit speakers but to allow more speakers an opportunity to speak, noting there were 31 speakers one night for one item; stated the Mayor has the authority to grant additional time when it is appropriate; he would like to hear from everyone; most boards he knows limit speakers to three minutes; and the intent is to hear more persons. Councilman Arnerich stated perhaps Council could rethink the matter; perhaps if there are not many speakers, the five-minute rule could stay in effect but if there are many people, perhaps there could be a three-minute limit. Councilmember Camicia stated he would like to leave the three minutes as it is [in the ordinance]; and a good point is Councilmembers will be limited. Councilmember Thomas stated the ordinance does not reflect how many times a person can speak three minutes; Councilmembers are spokespersons; a lot of the time spent at meetings is because of the scheduling and agendizing, which should be reviewed; at meetings with many speakers, perhaps the 3-minute rule could be considered but she cannot support it on a regular basis. President Corica stated at meetings when Council observes there is a large number of speakers, a motion could be made to limit speakers to three minutes. Councilmember Camicia commented the rule should be made for everyone or not at all. Councilman Arnerich moved adoption of the ordinance. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, and Withrow - 3. Noes: Councilmember Thomas and Corica - 2. Absent: None. November 7, 1989 NEW BUSINESS 89-863 Councilmember Camicia requested a staff report on renaming Main Street after a Mr. Mulvaney, who sold the property to the Federal Government. 89-864 Councilmember Camicia announced that it is impossible for him to attend the East Bay Division of the League of California Cities and he would like a Councilmember to replace him. 89-865 Councilmember Camicia requested staff consideration of bonuses for employees who worked on the ferry system. 89-866 Councilmember Camicia stated Alameda should be aware that Oakland is fighting rebuilding the Cypress structure, which could lead to discussions on a southern crossing again. 89-867 Councilmember Camicia stated he would like a status report on the library process on the next agenda, and if progress is not made, Council should bail out and move on to something else. 89-868 Councilmember Withrow suggested a contingent from the Council, along with the City Manager and representatives from the School District, Developer, Port of Oakland, and other appropriate agencies, should meet to discuss the Bay Farm Island school site issue, and how to determine to resolve the matter. ADJOURNMENT President Corica adjourned the meeting at 12:20 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. November 7, 1989