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1987-06-02 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD - - - - - - - - - - TUESDAY JUNE 2, =1987 The meeting convened at 7 :30 p.m. (at the conclusion of the Closed Session to discuss Spencer v. the City of Alameda, and the meeting of the Housing Authority Commission) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Camicia. Reverend Larry Nelson gave the invocation. ROLL CALL - Present: Councilmembers Camicia, Haugner, Monsef, Thomas, and President Corica - 5. Absent: None (Councilmember Haugner was officially seated following the approval of the minutes, and adoption of resolution of her appointment.) MINUTES Councilmember Monsef made a motion for approval of the minutes of May 19, 1987. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. Councilmember Thomas made a motion to take Item No. 10 out of order. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. 87 -390 Resolution No. 11120 "Appointing Rita Haugner to office of Councilmember." President Corica introduced the Honorable Lowell Jensen, U.S. District Court Judge, and his wife. The Honorable Richard Haugner administered the Oath of Office to his wife, Rita Haugner. President Corica congratulated Mrs. Haugner and noted her qualifications for office. Mrs. Haugner then introduced her family and friends to the audience, prior to a brief recess of Council, to share refreshments with the public. CONSENT CALENDAR Upon request of Councilmember Thomas, Item No 1 -C was removed from the Consent Calendar to the regular agenda. Councilmember Camicia moved for adoption of the Consent Calendar with the exception of Item No. 1 -C regarding resolution awarding contract to Gallagher & Burk for Constitution Way street construction. • (See 87 -412) Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. 140 RESOLUTIONS *87-391 Resolution No. 11203 "Awarding contract to O.C. Jones & Sons for Marina Village Assessment District 84-3, Independence Drive and Atlantic Avenue street improvements, P.W. No. 4-87-9, and authorizing execution thereof." Adopted. *87-392 Resolution No. 11204 "Awarding contract, to Dutra Construction Company, Inc. for Dynamic Consolidation, Harbor Bay Isle Assessment District 84-1, P.W. No. 3-87-6, and authorizing execution thereof." Adopted. *87-393 Resolution No. 11205 "Authorizing open market purchase of TV Miniature Camera and Self-propelled Sewer Inspection Power Tractor." Adopted. *87-394 Resolution No. 11206 "Authorizing execution of an agreement for collection and disbursement of developer fees with Alameda Unified School District." Adopted. *87-395 Resolution No. 11207 "Authorizing execution of indemnity, hold harmless and release agreement in favor of City of San Mateo relating to San Mateo Police Department Motorcycle training course." Adopted. *87-396 Resolution No. 11208 "Authorizing open market purchase of communication equipment for the Police Department." Adopted. *87-397 Resolution No. 11209 "Adopting Plans and Specifications for three-year towing contract of private vehicles, MSP 6-87-1, calling for bids and directing City Clerk to advertise same." Adopted. BILLS *87-398 A List of Claims, certified by the City Manager as correct, was approved in the amount of $2,205,016.65. ************* WRITTEN COMMUNICATIONS 87-399 From President, Planning Board, recommending stronger enforcement of Municipal Code provisions relating to bicycles. President Corica explained the matter and requested the Police Department enforce use of warning devices and regulations regarding riding on City sidewalks. Councilmember Camicia suggested writing a letter to the schools to see if they could begin a campaign for safe bicycle riding. 141 President Corica suggested to newspaper reporters present, that they publish that bicycle riders should expect increased enforcement. Councilmember Monsef made motion to accept written communication. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-400 From John Barni, Jr., Shaw & Lunt, 875 Island Drive, regarding division of real property on Madison Street at Fernside Blvd. Mr. Barni expressed his concerns, stating that the intent of the letter is to make Council aware that the zoning ordinance is archaic, serves no purpose but to delay, and requires a lot of staff time. The Planning Director stated Mr. Barni is correct that, regarding the lots he is proposing, the zoning ordinance appears not to require variances, however the procedures in the matter relate to the subdivision ordinance because he is proposing a land division; and this is the same procedure required of anyone in the City. Councilmember Thomas stated she believes there is a discrepancy in the way people are treated when they come to the Planning Board; that some receive preferential treatment; and inquired who signed the map that was recorded in March for Marina Village, stating it was recorded before it was owned. The City Manager stated the matter went forwarded according to the Map Act. Councilmember Camicia inquired about what specific property it is. Councilmember Thomas stated she believes the developer receives a different level of service. The Planning Director stated Mr. Barni was given the answer of what to do several months ago -- that an application is needed; if any maps were signed, they were signed in accordance with approval by the Planning Board. The Planning Director agreed there were some things that need to be .looked at in the zoning ordinance, but that he would like to correct Mr. Barni, because it is the subdivision ordinance that is affecting Mr. Barni's current procedure. The City Attorney stated that the complaint is that there has to be a subdivision and that Mr. Barni is saying the City should find some way that doesn't require subdivision, but there is nothing the City can do about that as it is a State law, and he must subdivide. He added that he has talked to Mr. Barni's client and what the client wants to do is save the cost of subdividing. 142 President Corica commented that if the City is just waiting for Mr. Wood to come in with a Parcel Map application, then he should be advised of that and if there is nothing to stand in the way, go forward with it, and asked clarification that is what the City is waiting for; and the Planning Director agreed that is correct. Councilmember Monsef moved acceptance of the communication. Councilmember Camicia seconded the motion and it was. carried by unanimous voice vote - 5. 87-401 From David Tam, Secretary, East Bay M.U.D. Ratepayers Association, P.O. Box 3191, Oakland, urging Council to adopt a resolution recommending the Court prevent East Bay Municipal Utility District's American River project. President Corica stated there is some conflict about what EBMUD wants to do, it is a complicated issue, and believes Council should have more information and a recommendation from staff. Councilmember Camicia made a motion to continue the matter. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-402 From Stanford M. Shane, 470 D Cola Ballena, concerning property permits, variances and conditions. Shirley Cummins, 549 Santa Clara Ave., described problems she has had in the abandonment of easements and other problems that have delayed construction on a lot she bought. Mr. Shane expressed his concern regarding permits, variances and conditions, and noted there is a watchman living in a mobile home, a man living in a trailer, that there are many variances applied for indicating ongoing problems in the Ballena Marina area; that there are parking and windscreen problems; that $170,000 dredging required a bond of $5000, while Cola Ballena bond was $1000.; noted that staff has been very helpful; but would like to know why conditions have not been met. Councilmember Thomas inquired if he has filed a complaint with the Planning Department regarding the parking stickers for Cola Ballena, and the green windscreens, to which he replied he has not. She then stated that the complaint must be filed to begin the process, and that she will then work on the matter. Councilmember Monsef made a motion to accept the communication, Councilmember Camicia seconded with the condition that there should be a report with answers or some clarification of items referred to in the discussion. Councilmember Thomas added there should also be some reference to the question of bonds, to which the City Manager stated that there 143 is a legal statute that limits the amount of bonds that could be required for a dredging permit and that is why it is $5000. Councilmember Monsef agreed to the amendment to motion and the motion was carried by unanimous voice vote - 5. 87-403 From Bette Johnson, 300 Coral Reef Road, requesting reconsideration of bike path extension behind the Bayview Drive homes. Charles Millman, 2916 Bayview Drive, noted article in Times-Star that reported that a 75 year old woman was knocked down by a bike rider and the bike rider was not cited nor admonished; stated he was knocked down by a bike rider also; then stated that bike riders should not be allowed in a bird preserve, that regarding the final page of the Public Works Director's report, he accepts that but he will file a formal objection to the first page because he believes there are too many inaccuracies and stated that the second page is pertinent. Bill Kane, 2615 Bayview, Drive, stated he agrees in principle with Mr. Millman, agrees with recommendation of staff, pointed out that the lady who wrote the letter has sidewalk between her and bicycles but the people on Bayview Drive do not have that much distance. Fred Scullin, 1120 Chestnut Street, stated bike paths are needed; that they are not like sidewalks; that Bayview homeowners feel they own the beach and made a private preserve, but the beach belongs to all the taxpayers; and urged Council to see bike path is completed, and public has access to beach. Councilmember Thomas stated Bayview is not a street that can be safely ridden, that there could be lanes down Broadway Street and Otis Drive and then over the bridge, but the situation is not safe for bike riders. Councilmember Monsef inquired about the status of the BCDC matter. The Public Works Director stated that BCDC has denied the application, asked for appearance before the Enforcement Committee for a Cease and Desist Order Hearing which was made; that the Enforcement Committee recommended that the City be given the Cease and Desist Order at the next meeting of the BCDC full commission on July 9, 1987. At that time, the City will have 30 days in which to apply for an application from the Commission. It is the intent of staff, following the City Council direction, to apply for a permit which would provide for some public access at the outfall from the lagoon and at the area near Ravens Cove, and to designate the area as a wildlife sanctuary; that there will be some minor work on the wall; that if there is approval by the Commission, then staff will begin the improvements. 144 Councilmember Monsef stated Council is trying to resolve the matter with BCDC, that Council has already taken action on it,'and that he believes Council should not change its direction at this time. Councilmember Monsef made a motion to accept the communication and direct staff to pursue the BCDC matter. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 87 -404 Hearing approving Engineer's Report, confirming diagram and assessment and ordering levy of assessments, Island City Landscaping and Lighting District 84 -2. President Corica explained the procedure of the hearing. The public portion of the City was opened. On the call for proponents, the following spoke: Stephen Brimhall, 1141 Harbor Bay Parkway, Executive Vice - President of Doric Development. Richard Roth, 1533 Webster Street Councilmember Thomas questioned Mr. Roth further about the amount of money he believed should be in Zone 2 and 3, to which he responded that originally $10,000 was applied to Zone 2 but it should have been $5000 to Zone 2 and $5000 to Zone 3 for the two sections of Webster Street. The Public Works Director stated the allocation was made according to the original request received but that Mr. Roth's letter was received this morning and it is no problem to adjust accordingly, so that it would reduce Zone 2 and be allocated to Zone 3. On the call for opponents, there were none. The public portion of the hearing was closed. Councilmember Camicia requested clarification of the fact that the median strip was dedicated to the City from Harbor Bay, that when that happens the City pays for the maintenance, further inquired if there are other places in the City where pieces of property have been given to the City but the developer has been required to pay the maintenance, and if it is a usual occurrence. The City Manager replied that, historically, when the City accepts a street improvement in public right -of -way, it is accepted for maintenance and the City continues to maintain it for the life or need of that street; that it is a common practice historically, and the only exception he recalls is that in Marina Village, streets have been accepted but they have been required to maintain 145 them as part of an overall written agreement in terms of their project. Councilmember Camicia inquired how the equalizing contribution to one-thirds, is applied. The City Manager explained that the portion of Harbor Bay Parkway between Doolittle Drive and Maitland Drive is under agreement between the City and the Port of Oakland providing that the Port of Oakland will pay 1/3 of the maintenance costs; that the landscaping improvements along Harbor Bay Parkway have been upgraded and therefore they have been required to maintain those improvements. Councilmember Thomas requested figures on costs per square foot to maintain the medians at Encinal or Thompson Avenues, to which the City Manager stated that would be done. Councilmember Thomas read from the budget and stated it is a big budget to maintain medians, to which the City Manager stated it covers the entire area, much of which is financed through assessments on the property owners. Councilmember Camicia noted that when the City dedicates a piece of property, that means it accepts the property and the responsibility to maintain it. Councilmember Thomas stated she would go on record as saying she would support making a financial contribution directly commensurate with the financial contribution the City makes for upkeep of Thompson or Encinal. Councilmember Thomas stated there is a need to rework the numbers, and moved to continue the matter until the next meeting. The City Manager noted that the City is operating under statutes and the City must move in accordance with the County requirements. There was no second to the motion. Councilmember Thomas inquired if changes could be made in Zones 2 and 3 and all but Zone 5 be approved. President Corica stated that if, in fact, Zone 5 this year will not be costing any money, it might be wise at this time to go along with it and then take time to work on something that will be cost effective to the City, to which the City Manager responded that the City could impose the assessments this year with the understanding that the median strips would be redesigned to reduce the cost. President Corica affirmed that was his thought on the matter, and that he would like something that would look good but not cost very much to maintain. 146 Councilmember Camicia stated it is a good solution and he would be willing to put it in the form of a motion. Councilmember Camicia stated he believed what President Corica was addressing was that Council move ahead with the recommendation for the meeting of the 19th and then within the next few meetings come back with a report on how to save money for the next year, and moved accordingly. Following a question and answer period between Council and the Public Works Director, the City Attorney inquired whether or not the Business Park would be essentially the principal beneficiary of the median at this time, to which the Public Works Director replied in the affirmative. Councilmember Monsef seconded the motion. Councilmember Camicia, upon request, clarified that the motion is essentially to move forward with the plan presented the 19th and have the matter come back before Council some time in the future with a plan for saving money on the median strip for the next year. Councilmember Thomas inquired if Mr. Roth's changes regarding Zone 2 and 3 would be incorporated in the motion. Councilmember Camicia agreed it would be. President Corica stated he would like the matter to come before Council very soon. The City Manager stated that staff will compare on a square foot basis the maintenance of Island Drive, Thompson and Encinal Avenues and some of the other areas to the costs associated with the median areas under discussion, as well as a recommendation to change plantings to reduce costs. The motion was carried by unanimous voice vote - 5. Councilmember Thomas inquired if it was to revert back to the May 19th spread, to which the Public Works Director clarified the first report of May 19th. Councilmember Thomas inquired if it was reflected in the current revised May 20th report, to which the Public Works Director replied it is not reflected in that report; that the current Engineer's Report would need to be changed to revert back to the first Engineer's Report in order to comply with the motion made by Councilmember Camicia. President Corica inquired if all of Council was satisfied with the amendment. [See Paragraph 87-409 for reconsideration.] There being no objection, Councilmember Camicia made a motion to take the resolution out of order. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 87-405 Resolution No. 11211 "Approving Engineer's Report, confirming diagram and assessment and ordering levy of assessments, Island City Landscaping and Lighting District 84-2." The City Attorney clarified that this is the Engineer's Report that was filed on May 19th as changed by the motion. Councilmember Thomas questioned if it was changed by both motions, the one on May 19th and the one tonight, to which the City Attorney replied no, by the motion of tonight. Councilmember Monsef made a motion that the resolution be adopted, Councilmember Camicia seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Camicia - 4. Noes: Councilmember Thomas - 1. Absent: None. 87-406 Consideration of proposed Negative Declaration (IS-87-3) and Rezoning (R-87-4) on non-commercial lots in the vicinity of Encinal and Versailles Avenues from C-1, Neighborhood Business District to R-2, Two-Family Residence District. Applicant: Richard Ratto and City of Alameda. President Corica restated the hearing procedure and opened the public portion of hearing. On the call for proponents, the following spoke: Susan Tyler, 1215 Versailles Avenue Jim Albright, 2807 Encinal Avenue Richard Ratto, 1312 Versailles Avenue Randall Miller, 1230 Versailles Avenue Dennis P. Stradford, 1222 Versailles Avenue On the call for opponents, the following spoke: Andrew McCormack, 1238 Versailles Avenue Robert Pratt, 1241 Versailles Avenue Thomas Enos, 1244 Versailles Avenue Susan McCormack, 1238 Versailles Avenue The public portion of the hearing was closed. Councilmember Thomas inquired if all four of the property owners at 1238, 1311, 1312, and 1313 know they cannot rebuild in the event of a disaster, to which the Planning Director replied that some do but he does not know if they all are aware of that. Councilmember Camicia commented that the Planning Board decided to act on Mr. Ratto alone because there did not seem to be a consensus in the neighborhood of what the residents wanted the neighborhood to become. Councilmember Monsef stated the issue is 1312 Versailles, not any other properties, and moved to accept the recommendation of the Planning Board. Councilmember Camicia seconded the motion. Following discussion regarding possibilities of Council action, Councilmember Thomas inquired if there need be any action on the hearing since the ordinance addresses 1312 Versailles only. The City Manager responded that the ordinance regarding 1312 Versailles could be addressed and possibly there could be reconsideration of other properties at a future date. The Planning Director confirmed that the zoning could be reconsidered again. Gary Gilostra, 1216 Versailles, expressed his concern about the future of the neighborhood. President Corica stated that he believed what should be done is that the people who want their property downzoned should let Council know and then it will be done, that it might be piecemeal, but that would appear to be the way that would avoid conflict. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. [See paragraph 87-408 for reconsideration.] Councilmember Thomas made a motion to take the ordinance out of order. Councilmember Haugner seconded the notion and it was carried by unanimous voice vote - 5. 87-407 Ordinance No. N.S. "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, N.S. Applicants: Richard Ratto and City of Alameda; R-87-4, The 50' x 45' lot located at 1312 Versailles Avenue." Councilmember Thomas made a motion to introduce the ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-408 Following a brief recess, President Corica announced that in the previous hearing, there was a petition for downzoning that had not been discussed, and that perhaps Council might wish to reconsider the issue, but the whole matter would not be repeated. Councilmember Monsef stated he had made the motion initially, (See 87 -406) and therefore he would make the motion to reconsider. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. President Corica requested the Planning Director come forward and state which properties were requested to not be zoned R -2. The Planning Director noted the properties as addressed in the report regarding the matter. Following a brief discussion, Councilmember Camicia made a motion for the proposed rezoning from C -1 to R -2, excluding 1244 and 1241 Versailles. Councilmember Monsef seconded the motion. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. President Corica inquired if there would be any change to the ordinance. The City Attorney stated those changes would be made. Mrs. McCormack stated that they have invested $30,000 in the bed and breakfast operation, that they are being downzoned, yet they have licenses for business appropriate only to C -1 property. President Corica stated that the recourse is that the McCormacks can come back to Council and explain their case; that objections could be addressed at the next Council meeting. 87 -409 Councilmember Thomas stated she had a question concerning clarification on the hearing regarding the Engineer's Report on Island City Landscaping and Lighting District 84 -2 (See 87 -404); that she thought what was voted on was the $33,000; inquired if Councilmember Camicia's motion referred to the proposal after the amendment on the 19th or before, as her motion was to reduce the amount to $33,643. Councilmember Camicia stated his proposal was strictly regarding the proposal for the May 19th meeting; that he voted for the original pamphlet handed out and that her proposal was not included; that the focus tonight was to move on the proposal of the 19th and come back in the future and talk about what to do in the future. Councilmember Thomas stated that she cut the amount by $52,000 and asked if Councilmember Camicia was talking about before she deleted or after. Upon request, the City Clerk read back Councilmember Camicia's motion. . 150 Councilmember Thomas inquired what other Councilmembers voting thought it was. Councilmember Monsef stated he thought it was a compromise proposal to go back to what was initially submitted to Council and later come back with a future plan. President Corica agreed. Following comments by Council, Councilmember Monsef made a motion to reconsider, Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Thomas made a motion that the resolution regarding Island City Landscaping and Lighting District 84-2 be approved with the amendment that the City's contribution to Zone 5 be reduced to $33,643. Councilmember Monsef seconded the motion. Councilmember Camicia clarified that the motion recognizes that the onsite median strip is owned by the City, but the City is not going to maintain it, to which the City Attorney responded that is the result of the motion; that it shifts the responsibility to the property owner. The motion carried by the following voice vote: Ayes: Councilmembers Haugner, Monsef, Thomas, and President Corica - 4. Noes: Councilmember Camicia - 1. Absent: None. REPORTS AND RECOMMENDATIONS 87-410 From Finance Director recommending readoption of City's Investment Policy. 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. Fred Scullin, 1120 Chestnut Street commented on the assignment of authority in responsibility for City investments. The Finance Director clarified the division of duties between the Finance Director and the City Treasurer as to daily duties, reviews, and reports. RESOLUTIONS 87-411 Resolution No. 11212 "Expressing support of water conservation within the context of East Bay Municipal Utility District rate and service area policy changes." President Corica stated that the City is attempting to begin a water conservation program for Alameda. 151 Douglas Linney, 320 Grand Street, #306, urged adoption of the resolution and stated he is happy to see the efforts being made. Councilmember Camicia made a motion to adopt the resolution. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-412 Resolution No. 11213 "Awarding contract to Gallagher & Burk, Inc. for Constitution Way (formerly Patton Way), Phase IIIA, street construction, P.W. No. 3-86-5, and authorizing execution thereof." Councilmember Thomas commented that Resolution 11182 specifies alternative measures of funding and would like to approve the proposed resolution with the limitation that the alternative funds be limited to [County] Measure B funds, and inquired if there was a problem with specifying that only Measure B funds be used, in the current resolution, to which the City Attorney replied that it would need to be an amendment to the resolution already enacted. Councilmember Monsef made a motion to adopt the resolution. Councilmember Camicia seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. INTRODUCTION OF ORDINANCES 87-413 Ordinance No. N.S. "Accepting dedication of a 0.339 acre Shoreline Pedestrian Access Parcel from Alameda Marina Village Associates." Introduced. Councilmember Monsef inquired how the $5.00 per square foot was determined, to which the Public Works Director responded that it was determined by the assessed valuation of that time in 1984. Councilmember Thomas commented that it was alright to accept this determination but that there should be a time table as to when this is accepted. Councilmember Camicia made a motion to introduce the ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-414 Ordinance No. N.S. "Amending the Alameda Municipal Code to designate a portion of residential dwelling unit tax be allocated to the construction of a new library." Introduced. President Corica commented the matter was brought up years ago by Charles Tillman. 152 Councilmember Monsef made a motion to introduce the ordinance. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. Dave Plummer, 1401 High Street, stated he would like to see the reference to the "new library" changed to "library facility", so that it would be clear that any acceptable building would not be excluded from the allocation. Councilmember Haugner stated she shares the thought; that she would like a good library; and that she would like to be sure that the the tax allocation be used for any facility decided upon. Gertrude Woods, Chairman of the Library Board, stated Council passed a motion for a new library on a new site and since then Council has said that the Carnegie building would be kept in perpetuity. Councilmember Camicia made a motion to introduce the ordinance with an amendment changing the words "new library" to "new facility." Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-415 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Sections 13-191, 13-192, 13-193, 13-194, 13-1911, 13-1921.5, 13-1936, 13-1939, 13-1942, 13-1944 and 13-1953 of Chapter 1, Title XIII thereof relating to Business License Tax." Introduced. The Finance Director explained the matter, noted the additional revenue generated in the fiscal year 1986-87 over the year 1985-86, and that the ordinance would reflect a continuation of the existing rate structure for 1987-88. Councilmember Monsef commented that perhaps some new program should be put into effect for the business district for their benefit. John Barni. Jr., 875 Island Drive, stated that there is still no tax on commercial; that funds for traffic signal or contingency funds for items coming up in the middle of the year could be generated by such taxation. Councilmember Thomas stated she agreed with Mr. Barni, and that it is time that the City joins with other cities in commercial taxation, and requested an ordinance be drafted. Councilmember Monsef made a motion to introduce the ordinance. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-416 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Section 17-333 to remove the "no parking" zone on 153 the north side of Oleander Avenue in the vicinity of Melrose Avenue." Introduced. Councilmember Camicia made a motion to introduce the ordinance. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87-417 Ordinance No. N.S. "Authorizing execution of agreement for sale to the Port of Oakland of 0.55 acres of land at the northeast corner of Maitland Drive and Harbor Bay Parkway." Introduced. President Corica explained the matter. The City Manager commented that the sale to the Port of Oakland is to meet federal guidelines. Councilmember Thomas commented that the City has been attempting noise abatement with the Port of Oakland and perhaps more cooperation could be expected, that there could be a restriction that the land would revert back to the City if it does not remain open space, to which the City Manager replied that could be done. The Public Works Director pointed out the area on the map. Councilmember Thomas moved to table the matter. Councilmember Camicia noted the motion should include that there be communication to the Port as to the cooperation regarding noise abatement expected. Councilmember Thomas agreed, and Councilmember Camicia seconded the motion. The motion was carried by unanimous voice vote - 5. NEW BUSINESS 87-418 Consideration of a ballot measure for a Charter amendment regarding appointments to vacant Councilmember seats. John Barni Jr., 875 Island Drive, stated he hopes the Council will form a Charter Review Committee, so that several ideas on the subject can be addressed. President Corica stated he would like it on the ballot so that there could be input, ideas and action; that he thought there could be input from Council on how to handle the matter. Darlene Banda, 630 Lincoln Avenue, stated she concurs with what Mr. Barni suggested; and that there are a lot of issues that should be clarified. President Corica stated that he has no problem having a committee if Council wishes, and Councilmembers could propose a name for the Committee. 154 Councilmember Monsef stated there might be other parts of the Charter that could be included in a review by a committee. Councilmember Camicia stated that it would be a mistake to remove flexibility from the Council. Councilmember Thomas stated she believes a committee would be a good way to proceed. Councilmember Haugner stated that she will discuss the issue with individuals in the field of Political Science and with other cities. President Corica stated a committee is a good way to proceed and requested that the Council each produce a name for the committee. 87-419 Councilmember Monsef requested that an ordinance be drafted prohibiting smoking in public places. President Corica commented that the Council of the City of Alameda was probably one of the first to require no-smoking at its meetings and was done upon request by a high-school student. 87-420 Councilmember Thomas requested an investigation of real property/partnership shares transfer tax. Councilmember Thomas stated she is concerned regarding transfers of property between partners; stating that the County Recorder's office has no mechanism for flagging the deeds with regard to partnerships. The City Manager stated the issue came up at the time that the transfer from Utah Construction to Bass occurred, that the question was specifically addressed to the County, which also has a financial interest, and the County's answer was that it did not constitute a transfer of ownership as far as they were concerned; and that he will check it again. The Finance Director stated he could work with the County office and report back. Councilmember Thomas stated the City needs to find out what the percentage interests are, and if the document must be recorded in order to trigger the tax. ORAL COMMUNICATIONS, GENERAL 87-421 John Barni, Sr., 1380 East Shore, complained about double parking of large trucks. President Corica requested that the matter be investigated. 87-422 Fred Scullin, 1120 Chestnut Street, suggested, regarding the injunction in Superior Court, that possibly "hardship" could be proven that would permit the work on the Senior Citizen Housing Project to proceed. 87-423 John Barni, Jr., 1277 Bay Street, commented that meter persons often double park when issuing citations; suggested that Bayview Drive be closed off to High Street and a bike, lane created down Bayview Drive; suggested Councilmembers request the City Clerk read back motions when communications are not clear; further suggested that the savings generated by the Council's action on the Assessment District 84-2 be expended on traffic signal at Broadway and San Jose, or Broadway and Buena Vista, or Broadway and Lincoln; suggested staff reports be clearer; complained titles of hearings are sometimes unclear; recommended Advanced Planning staff be directed to solve C-1 neighborhood zoning matters before they become a problem; requested the City get a Parcel Map on the land to be purchased by the Port of Oakland; and suggested the City establish one person who is responsible for finding out what kind of stock transfer occurred on Harbor Bay Isle. ADJOURNMENT President Corica adjourned the meeting at 12:10 p.m. to Closed Session to discuss labor relations. Respectfully submitted, DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance, in accordance with the Brown Act.