1988-01-05 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY JANUARY 5, 1988
The meeting convened at 8:45 p.m. (at the conclusion of the Closed
Session to discuss labor relations, Isabelle Berrie v. City of
Alameda, Nielson v. City of Alameda and City of Alameda v.
Southern Pacific; and the meeting of the Housing Authority
Commission) with President Corica presiding. The Pledge of
Allegiance was led by Councilmember Monsef. Reverend Richard
Stinson led the invocation.
ROLL CALL - Present: Councilmembers Camicia, Haugner, Monsef,
Thomas, and President Corica - 5.
Absent: None.
SPECIAL ORDERS OF THE DAY
88 -001 Presentation of Certificate of Recognition to Nurse Anne
Whisanent.
Vince Maloney, Fire Department, stated he recommended Anne
Whisanent for a Certificate of Recognition because she helped at an
emergency call to an even greater extent than is usually received
from helpful citizens, and aided the victim of a car accident for a
long period while the Department worked to extricate the victim
from the car.
President Corica thanked him for presenting Nurse Whisanent's name;
read the Certificate of Recognition describing and commending her
heroic action; and presented her with the Certificate.
Ms. Whisanent stated it was a pleasure to help the Fire
Department, she has had an opportunity to observe the work of other
emergency units, and the Department performed exceptionally well.
CONSENT CALENDAR
Councilmember Thomas requested that Items numbered 1 -A regarding
the newsletter (see 88 -017), 1 -F regarding the destruction of
records (See 88 -020), 1 -I regarding applications with the
Metropolitan Transportation Commission (See 88 -022), and 1 -K
regarding resolution to Petris (88 -023) be removed from Consent
Calendar and placed on the regular agenda, and President Corica
requested that Item No. 1 -H regarding the Doolittle Landfill site
easement (See 88 -021) removed from the Consent Calendar for
placement on the regular agenda.
Councilmember Haugner made a notion to approve the Consent Calendar
with the exception of those items noted in the previous paragraph.
Councilmember Camicia seconded the motion and it was carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
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REPORTS AND RECOMMENDATIONS
*88-002 From City Manager recommending purchase of defibrillation
equipment for Emergency Medical Service. Accepted.
*88-003 From Public Works Director recommending acceptance of work
by O.C. Jones & Sons for construction of Atlantic Avenue street
improvements, Marina Village Assessment District 84-3, Project No.
6, P.W. No. 5-86-15. Accepted.
*88-004 From Public Works Director regarding northbound lane merge
on Webster Street at Constitution Way. Accepted.
RESOLUTIONS
*88-005 Resolution No. 11370 "Authorizing participation in the
California Joint Powers Insurance Authority - Workers' Compensation
Program." Adopted.
*88-006 Resolution No. 11371 "Adopting Plans and Specifications
and calling for bids for construction of wheelchair ramps at
various locations, Phase 6, No. P.W. 12-87-25, and directing City
Clerk to advertise same." Adopted.
*88-007 Resolution No. 11372 "Rejecting all bid proposals for City
telecommunication facilities and calling for new bids." Adopted.
BILLS
*88-008 A List of Claims, certified by the City Manager as correct,
was approved in the amount of $1,549,432.75.
WRITTEN COMMUNICATIONS
88-009 From Victor Harlow, P.O. Box 322, Hoopa, California,
regarding Spectator newsracks in the City.
Councilmember Monsef made a motion to accept the communication.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88-010 From Ernest Mehlman, 4046 Fruitvale Avenue, Oakland,
concerning City sewer charges.
Mr. Mehlman stated he owns a 4-unit building with 4 meters and
believes that although the charge is equitable, charging for each
meter is not equitable.
The Public Works Director explained the background of procedure
with EBMUD.
President Corica stated the problem does not lie with the City but
with East Bay Municipal Utility District (EBMUD).
Councilmember Camicia suggested communication with the EBMUD Board
for a more equitable way to handle the matter.
AN 5
President Corica suggested communicating with Ken Kofman, the City
representative on the Board.
Councilmember Camicia made a motion to write to Kenneth Kofman of
the EBMUD Board regarding the matter. Councilmember Thomas
seconded the motion and it was carried by unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
88 -011 From Vice Mayor Thomas on fulfillment of certain conditions
of Planning Board Resolutions Nos. 950 and 1203 related to
recreational vehicle storage area.
Rosalie McPherson, 1128 Marianas Lane, President, Alameda Alliance
of Homeowners, stated it would not be fiscally ressponsible for the
City to lease out the Alameda Gun Club site for RV parking for $1 a
year; and the Alliance supports Councilmember Thomas's
recommendation that effort be made to require Harbor Bay Isle
Associates to comply with approvals regarding acreage for RV
storage and that HBI Associates should not be granted a one year
lease on the old Gun Club property.
Rae Bauregaurd -Sund, 149 Inverness Way, stated she was promised, by
Harbor Bay Development Corporation, an RV lot as a resident of the
area, and is frustrated as she has asked for it since 1982.
Bruce Young, 328 Capetown Drive, stated he believes there is a need
for storage of recreational vehicles (RVs) and citizens should not
have to use any land subsidized by the City.
Councilmember Thomas noted the report is on Tract 3810 because that
is essentially completed, except for school site, and there is no
threshold trigger to provide the nine acres of RV parking.
The City Attorney stated if Tract 3810 is essentially finished,
there is no need for a timetable as the time to fulfill the
condition has arrived.
Following detailed discussion on Tract 3810 and on enforcement of
conditions, Councilmember Thomas made a motion to enforce the
condition [RV parking condition], and Councilmember Monsef seconded
the motion.
In response to Councilmember Camicia's inquiry regarding a way to
agendize a trigger mechanism that would carry Council through from
application to application to avoid the necessity of coming before
Council at the end of a tract, the City Attorney replied that
Council could require a schedule from the Planning Board.
Following discussion on conditions being legally binding, the
motion was carried by the following voice vote: Ayes:
Councilmembers Haugner, Monsef, Thomas and President Corica - 4.
Noes: None. Abstentions: Councilmember Camicia - 1.
88 -012 From Vice Mayor Thomas on fulfillment of 40 -acre public land
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dedication commitment.
Councilmember Thomas commented schools are overcrowded, and 7.4
acres of land left to be taken by the City, should be taken as a
school site.
President Corica commented that the previous Council did the City a
disservice by voting 3 to 1, Monsef absent, to swap 4.5 acres of
interior property for shoreline park.
Robert Hubbard, 45 Justin Circle, Tract 3810, Pelican Bay, stated
his concerns about the proposed school site, school needs and park
areas where children can play; and urged Council to take action to
assure that school and park areas in Harbor Bay Isle will not be
compromised.
Don Curtis, 54 Justin Circle, stated he lives two houses from the
proposed school /park site; would like to see a park close by so
that children do not have to go a long distance from home, and the
shoreline area might best be left for a bird sanctuary.
Tom Smith, 16 Sable Pointe, Chairman of Legislative Committee at
Amelia Earhart School, stated he is concerned that school budgets
do not provide for appropriate expansion on Bay Farm Island (BFI)
and believes developers who create expansions should pay for school
expansion.
Rosalie McPherson, 1128 Marianas Lane, Alameda Alliance of
Homeowners, stated concerns regarding school expansion; and that
the Alliance urges Council to take whatever action is necessary to
rectify errors made since 1980 and restore the school /park site to
number one priority.
In response to questions from Council regarding past actions, the
City Attorney stated one cannot take back a dedication; reviewed
the contract made with the developer; stated it is difficult to
take the land anywhere but shoreline because of the way the Map
Act, BCDC, and so forth, works; it is his understanding the land
has been committed, and he has requested staff to review and give
him all references regarding the matter; and there are difficult
legal problems involved with the contract.
Councilmember Thomas noted details regarding acreage intended for
public dedication and commented on a letter from former Planning
Board President, David Simmons, which addressed conditions
regarding the 12 -acre dedication for Tract 3810.
Ron Lappa, 140 Gainesborough Court, stated he believes shoreline
parks are important but the school site is more important, should
not take more shoreline than City can care for, and urged Council
to obtain the interior school site.
Jack McCowan, 54 Coleport Landing, urged Council to do whatever it
can legally do so that land can be used for a school which is a
necessity for the education of children.
JAN 5
Diane Stewart, 31 Coleport Landing, stated she is concerned about
the quality of education her children will receive, as the school
will soon double its capacity and urged the Council to support
Councilmember Thomas and act on the school site matter now.
Bruce Young, 328 Capetown, member of Board of Alameda Alliance of
Homeowners, stated schooling is the big issue, many children are
moving into Harbor Bay Isle and requested Council pursue all legal
means to require Harbor Bay Isle to comply with plans, commitments
and agreements to provide school and park sites.
Janet Doty, 29 Moss Pointe, stated the school is almost near
capacity; another school needs to be built and plans should be
started now, and urged Council support the issue.
Councilmember Haugner stated she appreciated input but would like
time to look into the issue further.
Councilmember Thomas stated action can be taken tonight to have
staff review the status of the matter and what can be done; and
report back to Council.
Councilmember Haugner agreed.
Councilmember Thomas stated school site is a necessity and
shoreline is a luxury, and if Council can take the 7.4 acres as a
school site, it should.
Following discussion regarding background of the matter, school
needs, and legal implications, Councilmember Haugner made a motion
to direct staff for further report on matter including legal
implications. Councilmember Thomas seconded the motion.
Councilmember Monsef stated that a school takes precedence over a
park in this situation because he believes another school is needed
in that area.
The motion was carried by unanimous voice vote ® 5.
88 -013 From President, Social Service Human Relations Board,
transmitting a report on homelessness in Alameda.
Claudia Albano, aide to Alameda County Supervisor, Don Perata,
stated she has worked with the "homeless" study group in the
development of their report and recommendations, announced that in
the next two weeks the County will be hiring a Homeless Coordinator
whose job will be to work with cities and help to implement
recommendations that counties and cities make, and offered the
services of their office in anything they can do to work with the
City of Alameda to help bring about the services in the report.
President Corica expressed appreciation for her efforts as well as
those of Supervisor Perata.
John Doherty, 1329 Weber Street, commended the Committee for their
work; stated he hopes Council will be open to suggestions on how
JAN 5
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job can be done, homelessness is not just an Alameda problem;
State and Federal representatives should be invited to participate;
and requested Council provide a place for homeless in Alameda by
making a building available when Oakland no longer has one.
Councilmember Thomas stated there appears to be a real need for
transitional housing, the report states federal resources are
becoming available, and inquired further about it.
The Assistant City Manager replied that the SSHRB intends to
constitute the Committee as a permanent Task Force of the Board
which will research and report back to the Board with
recommendations on these specific items.
Councilmember Haugner stated Council has social responsibility and
believes it should endorse and encourage the Homeless Task Force to
go ahead and attempt to realize all of their recommendations.
Councilmember Thomas suggested the Task Force look into the
possibility of low-cost affordable housing in Village V.
[Harbor Bay Associates]
Councilmember Camicia stated the report is outstanding, he is glad
the Task Force will be continuing to look at the problems and will
make recommendations to Council consistently; and moved that the
report and recommendation be accepted. Councilmember Monsef
seconded the motion, which was carried by unanimous voice vote - 5.
Carol Layton, 1210 9th Street, Executive Director, Alameda Family
Service Agency, stated she served on Homeless Task Force and
clarified that the report is addressing people with no place to go,
who sleep on the street or wherever possible, and that the local
agencies are working together to coordinate efforts.
88-014 From Manager's Traffic Advisory Committee regarding
left-turn signage at Park Street and Central Avenue, and Park
Street and Santa Clara Avenue, and at the Shore Line Mc Donald's
Restaurant.
Councilmember Monsef reiterated that the matter should be looked at
in a serious and positive manner as the traffic circulation
requires improvement.
Councilmember Haugner made a motion to accept the report.
Councilmember Thomas seconded the matter and it was carried by
unanimous voice vote - 5.
88-015 From City Manager recommending a service contract for study
of Fire Department.
Richard Quarante, Fire Chief, stated he hopes that the strategic
planning study report will include additional staffing in fire
suppression, because of transfer to emergency medical service; a
memo from the City Manager (dated 7/87) stated he would have an
opportunity to participate in the selection of the consultant and
the scope of the study, but the department, to date, has not been
„AN 5
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given that opportunity; and the Fire Department is not opposed to
strategic planning studies but would like opportunity to
participate as noted.
President Corica commented that he believes the report should be
given to the Fire Department for review and comment and will vote
against spending money for the [consultant's] report because he
believes there is sufficient expertise in the Fire Department.
Councilmember Monsef stated he does not believe department heads
should assist in the selection of a consultant who is to review
that department; he would like to have the study within 60 days if
possible; and has no problem allowing the Fire Department to see
the reports.
Councilmember Camicia stated he believes Council should pick a
consultant tonight, has no objection with Fire Department or union
looking at the proposal from consultant chosen; and the proposal
that the consultant makes, and at that point they can make
recommendations or comments on the plans, and they can make
comments, criticisms and recommendations throughout entire process.
Councilmember Haugner stated they are independent professionals,
it's healthy to do study, she would like to have the study move as
soon as possible, and does not have any problem with having any
part of the Fire Department see the proposal.
Councilmember Thomas stated there are important things in the
proposal; there is an ongoing dispute between the Fire Department
and the City Manager; that only one of the persons actually came
and examined the Fire Department; and she would prefer to choose
the consultant, Robert Burns, Fire Loss Management Systems, who
took the time to listen to both sides and evaluate the job he was
to do.
Councilmember Haugner stated she believes Hughes, Heiss and
Associates is a good choice and can do the study in the shortest
time.
Councilmember Thomas stated as far as time is concerned it appears
the same amount of staff time may be involved by either approach.
Councilmember Monsef stated the important element is the timing;
the sooner the better, and the resume of the firm looks good.
Councilmember Haugner moved that Hughes, Heiss and Associates be
hired to do the study of the Fire Department. Councilmember Monsef
requested the City Manager ask the consultant to do the study in a
shorter period of time, and seconded the motion. Councilmember
Haugner confirmed that her motion would include that the matter be
done in ninety days or less.
President Corica stated he would be voting no because he still
believes that the best judges of the department are in the room
[members of the Fire Department].
iAr 5 Y9
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Haugner, and Monsef - 3. Noes:
Councilmember Thomas and President Corica - 2. Absent: None.
88-016 From Fire Chief regarding fire service construction tax fee.
President Corica commented this would need to be a ballot measure,
but is something worth considering.
Gerhard Degemann, 19 Sandpiper Place, stated he believes the Fire
Chief's idea is very good to tax new developments, however, it
would be very fair to assess everyone; and believes no one would
object to it.
John Barni, Sr., 1380 East Shore Drive, urged Council to support
the Fire Chief's recommendation as it is proposed, because if it is
a one-time fee for new construction, believes the citizens will
vote for it; and it would produce money to pay the expenses of new
equipment and other needs of the Department.
President Corica stated he believes it is a novel ideal, has no
problem exploring the feasibility of the matter and what must be
done to get it on the ballot, and the matter should be discussed.
Councilmember Camicia inquired how the feasibility review would be
approached to which the City Manager responded staff would look at
the amount of funds to be raised for the Fire Department, amount of
tax needed to raise money, examine the Roseville experience, and
report back in thirty days.
Councilmember Camicia so moved that be done, and Councilmember
Haugner seconded the motion.
Councilmember Monsef complimented the Fire Chief for his idea which
he believes is a great idea that will benefit the whole City
through the years.
Councilmember Thomas noted that for the June ballot, the time frame
should be kept in mind.
Councilmember Camicia stated he doubted it could be on
ballot whether the report takes thirty days or not.
President Corica stated perhaps the information could be
sooner, to which the City Manager stated he would try.
The motion was carried by unanimous voice vote - 5.
88-017 From City Manager regarding quarterly City-wide newsletter.
President Corica stated he believes the money for the newsletter
could be used for the Fire Fighters; does not see much advantage
to the newsletter and the money could be better used.
the June
supplied
Councilmember Haugner stated not everyone reads the newspapers,
does not believe $12,000 is too much; a number of other cities do
JAN 5 1988
it, and believes it is a good idea.
Councilmember Thomas stated she does not believe what is proposed
will perform a critical public information service that is not
being done now; the issues described are nice, but are ongoing
matters, will do persons more good than the City; would like to
give the new editor of the newspaper a chance as she believes there
will be more coverage; and requested the source of the funds.
The City Manager stated the source would be the Manager's
contingency fund.
Councilmember Camicia stated the important thing is to communicate
with the people, and have an opportunity to put Council's best foot
forward and talk about issues important to Council and the price is
outstanding.
Councilmember Monsef agreed to try it, there can be communication;
and that there are some points to be covered.
Councilmember Camicia stated Council will need to set the policy
and possibly to establish the stories.
Councilmember Monsef moved adoption of the recommendation.
Councilmember Haugner 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.
Councilmember Thomas stated she would like to see an article on
recycling and the second school site included.
Councilmember Monsef stated there should not be a duplication of
the Recreation bulletin.
A brief discussion followed on the content of the newsletter.
RESOLUTIONS
88 -018 Resolution No. 11373 "Recommending the Surface
Transportation Act of 1987 Demonstration Project for State Route
61." Adopted.
Councilmember Monsef inquired if this means there can be expansion
of the route through the City as he does not want to see that, to
which the Public Works Director stated this is for Doolittle south
only, and leftover funds must be used for southerly expansion.
Councilmember Haugner made a motion to adopt the resolution.
Councilmember Camicia seconded the motion and it was carried by
unanimous voice vote - 5.
88 -019 Resolution No. 11374 "Authorizing execution of Alameda
County Waste Management Authority Joint Exercise of Powers
Agreement and execution of Amendment to Alameda County Solid Waste
Management Authority Joint Exercise of Powers Agreement." Adopted.
AN 5
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88-020 Resolution No. 11375 "Authorizing the destruction of
certain City Attorney Department records." Adopted.
Councilmember Thomas requested the opportunity to read material in
Box 5 amicus briefs, Box 60 and Box 61, before they are destroyed,
to which the City Attorney replied he has the amicus briefs in his
current file.
Councilmember Camicia made a motion to adopt the resolution
authorizing destruction with the exception of Box 60 and Box 61.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88-021 Resolution No. 11376 "Establishing a permanent public
access easement within the City-owned Doolittle Landfill site."
Adopted.
President Corica inquired if BCDC will maintain the pathway, to
which the Public Works Director replied that the resolution will
dedicate the land and the improvements will be made later.
Councilmember Haugner made a motion to adopt the resolution.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
88-022 Resolution No. 11377 "Authorizing the filing of
applications with the Metropolitan Transportation Commission for
allocation of Transportation Development Act Funds for fiscal year
1988-89." Adopted.
Responding to Councilmember Thomas's inquiry regarding the bike
racks, the Public Works Director stated Transportation Development
Act Article 3 funding can only be used for bicycle projects.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Haugner seconded the motion and it was carried by
unanimous voice vote - 5.
88-023 Resolution No. 11378 "Expressing appreciation to State
Senator Nicholas C. Petris." Adopted.
Councilmember Thomas commented she removed this item from Consent
Calendar because she believed it should be considered separately;
and moved to adopt the resolution. Councilmember Monsef seconded
the motion and it was carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
88-024 Ordinance No. N.S. "Amended Chapter 11 of Title XV of
the Alameda Municipal Code relating to smoking regulations in bingo
rooms and amending certain typographical errors."
JAN 5
John Babjak Jr., 1614 Versailles Avenue, St. Philip Neri Church
bingo chairman, stated the bingo games benefit children, asked for
response to his question concerning why bars and tobacco stores are
exempt; and urged Council give serious consideration to the
matter.
Councilmember Monsef stated Council should not make exemption for
bingo parlors; and in the interest of the health of the senior
citizens that play, the ordinance should be enforced as is.
Councilmember Monsef made a motion that Council introduce the
ordinance and make no changes except for the typographical errors.
Councilmember Camicia suggested bingo operators could be given six
months to a year to go out and find bingo players that don't smoke;
and there could be a smoking section for use until that time.
Councilmember Haugner noted that some people say they cannot go
because of the smoking; also, other cities require either no
smoking or separate areas.
Councilmember Thomas stated phasing would require, in the interim,
separate, enclosed areas and that would be very costly, and
inquired if operators had input regarding preference, to which the
City Manager stated he heard only from one and that one prefers
exemption.
Councilmember Thomas seconded the motion.
Councilmember Monsef stated seventy percent of the people today are
non - smokers, and in their interest, Council has an obligation to
take action.
Following further discussion, the motion was carried by the
following voice vote: Ayes: Councilmembers Haugner, Monsef, and
Thomas - 3. Noes: Councilmember Camicia and President Corica - 2.
Absent: None.
Mr. Babjak stated if bingo parlors cannot have exemptions, neither
should bars or tobacco stores and requested an answer as to why
they should be allowed exemptions.
The City Attorney stated he gave his answer at the last Council
meeting and the minutes reflect that.
Councilmember Thomas suggested that a copy of minutes of the
meeting of December 15th be sent to Mr. Babjak.
88 -025 Ordinance No. N.S. "Amending the Alameda Municipal
Code by adding Chapter 3 to Title VIII, electric service, thereof
relating to undergrounding of electrical facilities in aerial
districts." Introduced.
Councilmember Thomas made a motion to introduce the ordinance.
Councilmember Camicia seconded the motion and it was carried by
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unanimous voice vote - 5.
The City Manager commented that the President of the Public
Utilities Board and two management representatives of the Bureau of
Electricity are present.
UNFINISHED BUSINESS
88-026 President Corica requested a report from the City Attorney
regarding Harbor Bay Isle property transfer tax matter; Vice Mayor
Thomas requested information on reassessment of property transfers
of 50% or more.
88-027 Councilmember Monsef requested a status report on street
cleaning-no parking signs, particularly in the South Shore area.
NEW BUSINESS
88-028 Vice Mayor Thomas requested a report from the Public
Utilities Board regarding a loan provided to the General Manager of
the Bureau of Electricity for housing.
88-029 Mayor Corica requested resolutions of appreciation be
prepared for Senators Pete Wilson and Alan Cranston for support in
acquiring vouchers for the Buena Vista Apartments. Councilmember
Monsef made a motion to do so and Councilmember Haugner seconded
the motion which was carried by unanimous voice vote - 5.
88-030 Mayor Corica requested a status report regarding City-wide
Audit (General Purpose Audit for period ending June 30, 1987).
ORAL COMMUNICATIONS, GENERAL
88-031 Gerhard Degemann, 19 Sandpiper Place, requested a copy of
report, when prepared, on the Bureau of Electricity loan.
ADJOURNMENT
The meeting was adjourned at 11:50 p.m.
Respectfully submitted,
DIANE B. FELSCH
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
JAN 5 1988