Loading...
1989-01-03 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JANUARY 3, 1989 89-001 The meeting convened at 7:30 p.m. (at the conclusion of a Closed Session to discuss Contaxis, v. City of Alameda, DeYoung v. City of Alameda, and Seeterlin v. City of Alameda; and a Housing Authority Board of Commissioners Meeting) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Camicia; and Reverend Douglas Henderson gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Monsef, Thomas and President Corica - 5. Absent: None. MINUTES President Corica announced the minutes for the Regular Council Meeting of December 20, 1988 and the Special Council Meeting of December 22, 1988 will be transmitted for Council's approval at the Regular Council Meeting of January 17, 1989. CONSENT CALENDAR At the request of Councilman Arnerich, Item No. 1-B, report transmitting the 1987-88 Audited Financial Statements, (See 89-016) was removed from the Consent Calendar to the regular agenda; and at the request of the City Manager, on behalf of citizen inquiry, Item No. 1-A, report transmitting the 1987-88 Program Performance Review (See 89-015) was also removed to the regular agenda. Councilmember Camicia made a motion to approve the remainder of the Consent Calendar. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *89-002 From Acting Public Works Director on utility undergrounding priorities and recommending setting a date and time for a public hearing to consider establishing certain underground districts (Phase 3). Accepted. *89-003 From Recreation and Parks Director recommending Council accept completion of a new recreation building and related improvements at Franklin Park. Accepted. *89-004 From Recreation and Parks Director recommending Council accept completion of constructed retaining wall at Washington Park. Accepted. RESOLUTIONS *89-005 Resolution No. 11629 "Awarding contract to Dalton January 3, 1989 2 Construction Company, for Phase II Sewer Rehabilitation and Relief Project, No. P.W. 4-87-10, Clean Water Grant Project No. C-06-2965-210, and authorizing execution thereof." Adopted. *89-006 Resolution No. 11630 "Resolution of intention to vacate an electrical easement located adjacent to Constitution Way between Buena Vista Avenue and Atlantic Avenue, and fixing time, date, and location for a public hearing; and ordering publication and posting of notice." Adopted. *89-007 Resolution No. 11631 "Adopting Plans and Specifications and calling for bids for the construction of wheelchair ramps, Phase 7, and Chapin Street improvements, No. P.W. 1-88-1, and directing City Clerk to advertise same." Adopted. *89-008 Resolution No. 11632 "Adopting Plans and Specifications and calling for bids for the North Loop Road landscape improvements, No. P.W. 10-88-16, and directing City Clerk to advertise same." Adopted. *89-009 Resolution No. 11633 "Authorizing the filing of applications with the Metropolitan Transportation Commission for allocation of Transportation Development Act funds for Fiscal Year 1989-90." Adopted. *89-010 Resolution No. 11634 "Award of contract to King C. Electric, Inc. for traffic signal construction at Broadway and Buena Vista Avenue, No. P.W. 10-88-18, and authorizing execution thereof." Adopted. BILLS *89-011 A List of Claims, certified by the City Manager as correct, was approved in the sum of $696,740.62. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 89-012 From Superintendent of Schools, Alameda Unified School District, requesting a resolution in support of School Bond Issues on the ballot for the March 7, 1989 General Municipal Election and Proposal for Excellent Schools. James Stonehouse, 2990 Northwood Drive, Chairman of Citizens Committee to Support Our Schools, stated the purposes of the bond issues; noted student population is increasing; detailed the improvements necessary; and requested Council support the bond issues. Gerhard Degeman, 19 Sandpiper Place, urged Council support the School District request for the betterment of the school system for students of today and the future; and also urged Council support the rehabilitation of the Kofman Auditorium. January 3, 1989 Ina Ratto, representing Mr. Pagano, President, Historic Alameda High School Foundation, Inc., 2200 Central Avenue, Suite 214, stated the Foundation Board of Directors supports the resolution request by the School District. John Scott Graham, 1728 Tregloan Court, stated he is for good education, rehabilitation of the Kofman Auditorium, and the $660,000 asbestos removal, but does not believe the asbestos removal should have been added to the request for $47,000,000 in order to try to push the larger sum through. Fred Scullin, 1120 Chestnut Street, stated education is a number one issue but he cannot believe the money will really benefit students; little has been achieved in improving children's test scores, the Board has not demanded items promised by Cable, money should not be given this Board to handle; a new Board is needed. President Corica stated the schools are in need of rehabilitation and repair; Historic Alameda High School is important; if students are to be given the best, they must be given tools, a proper place with the most modern facilities in which to learn; our children are our future and deserve the best possible. Councilmember Camicia agreed with President Corica's comments, added that a community can be judged by the kind of commitment it makes toward education and it seems very clear this is something that Council must do; and made a motion to accept the communication and instruct the staff to prepare a resolution in support of these two bond issues. Councilman Arnerich stated the schools are deplorable and if they are not fixed up, there will be no schools by the year 2000; agrees with Councilmember Camicia that the nature and status of a City rests in its cultural aspects, starting with schools and libraries; and he supports the Issues. Councilman Arnerich seconded the motion. Councilmember Monsef stated he does not have a problem supporting this measure tonight even though he is not sure who did the cost appraisal and figures in the proposal, but he assumes the Board of Education has done its homework well; he supports it because he believes in education; an investment in education is an investment in the future of our City and the Country; and he will support the motion. Councilmember Thomas stated she believes this [matter] is not within Council purview; the School Board is an elected body, they should make their own recommendations; questions if quality facilities means quality education; sees items in the bond issue she may question if it returns in resolution form, but believes that is not in her purview as she was not elected to question School District Bond Issues; Council's concern is the homeless, etc., and must consider what will happen to rents when taxes increase; she will abstain because she has two children in the school district who will benefit by both issues; the School Board should back its issues and show the community they have done their January 3, 1989 4 job well. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Monsef, and President Corica - 4. Noes: None. Absent: None. Abstentions: Councilmember Thomas - 1. REPORTS AND RECOMMENDATIONS 89-013 From Acting Finance Director regarding 7inance Committee responsibilities. Accepted. Councilmember Camicia made a motion to accept the report. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 89-014 From Acting Public Works Director regarding Appeal by Frank Landreth for abatement of vehicles on private property at 3234 Central Avenue. Accepted. Frank Landreth, 3220 Phoenix Lane, stated he has taken the first step and submitted on-site plans; has talked to the City Manager, design review is the next step, there is a question about the roof line; from the time he signs for the final plans, he will need two and one-half months for completion of construction. Councilmember Thomas discussed the construction time, plan design, disposition of cars, storage of cars during construction, and tenants' parking area with Mr. Landreth. Council discussed the construction timeframe with Mr. Landreth. Councilmember Camicia suggested Mr. Landreth submit his plans by February 15, and that Council request staff move expeditiously in order to get the garage built and the matter completed. President Corica stated he is concerned this may be go on for another year. Councilmember Thomas discussed with Mr. Landreth the relocation of the cars. Councilman Arnerich noted the recommendation is that the work is to be completed by August 1, 1989, and all inoperative vehicles not enclosed, will be removed from the site; and he believes it is a fair amount of time for completion. Councilmember Thomas stated the matter should be followed to see that the work is being done. The City Manager suggested that, if the plans are not submitted by February 15, the matter be brought back to Council for action to remove the cars. Councilmember Camicia moved the plans be submitted by February 15. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. January 3, 1989 89-015 From City Manager transmitting the 1987-88 Program Performance Review. Accepted. Charles Tillman, 2415 Roosevelt, stated he has worked considerably on the audits; suggested a time-saving procedural method for comparison of budgets, audits, and Program Performance Reviews. Fred Scullin, 1120 Chestnut Street, stated he believes the City has accompl?shed quite a bit, commended the City Manager, commented he did not see a report on the new jail; and that the first three low-income two-bedroom affordable units at Alameda Marina Village went to single people, and the City should have checked that. Councilmember Thomas noted the policy was caught and changed; Mr. Wonder, while he was Interim City Manager, was responsible for some of the achievements in the Program Performance Review; discussed the Police Department Bureau of Operations Objective 3, to develop and implement a training and enforcement program to result in 20 under-the-influence-of-drugs arrests per month; requested a general report on the drug problem in Alameda, including City's housing units, and also suggested increased manpower be given consideration. The City Manager noted the Police Department must sometimes shift its resources based upon where problems are believed to be more urgent; a report on the jail will be provided; obtaining qualifications of architects to design the jail is in process. President Corica commented the City gets a percentage of recovery made in drug busts and will be used toward funding the new jail. Councilmember Thomas commented she was not indicating that the Police Department is not doing enough, but is wondering if Council needs to make a decision to give the Deparment more with which they may work. President Corica stated Councilmember Thomas's concerns are well-taken and believes Council agrees with them. Councilman Arnerich made a motion to approve the motion Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 89-016 From Acting Finance Director transmitting the 1987-88 Audited Financial Statements. Accepted. Councilman Arnerich questioned a mortgage bond write-off suggested in the report and the City Manager explained the background. Councilman Arnerich made a motion to approve the motion Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 89-017 Resolution No. 11635 "Revising term of Deanna D. Johe as a January 3, 1989 member of the Housing Commission." Adopted. Councilmember Monsef made a motion to adopt the resolution. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 89-018 Resolution No. 11636 "Revising term of Charles A. Tillman as a member of the Housing Commission." Adopted. Councilmember Monsef made a motion to adopt the resolution. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 89-019 Resolution No. "Amending Salary Resolution No. 11079 for Management and Confidential Employees." Not addressed. President Corica announced the Resolution would not be heard. INTRODUCTION OF ORDINANCES 89-020 "Amending Chapter 11 of Title XV of the Alameda Code relating to smoking regulations in bingo rooms." * Written Communication from Virginia Kelly, Alameda, exemption of bingo parlors from the Smoking Ordinance. Councilman Arnerich stated a City Attorney memorandum requests he refrain from discussion or vote due to the fact his son formerly worked for the Boys Club and now sells bingo paraphernalia, and he will therefore disqualify himself from any further participation. Mrs. Virginia Kelly stated she believes Council should not do away with non-smoking regulations at bingo parlors; there are not many activities for senior citizens; she likes to bowl but cannot because of smoking there; and requested bingo participation not be taken away also. Municipal protesting Douglas Haines, 1616 Encinal Avenue, Alameda Boys Club, urged Council pass the exemption to the Smoking Ordinance; the Boys Club has increased prize money; attendance went up but profits went down; urged Council pass the amendment, otherwise, he will recommend bingo operations cease if the ordinance doesn't change. Paula Marie Hall, 1106 Park Avenue, stated she is a smoker, was against non-smoking until talking to many new people at bingo halls who could not attend before due to allergies and respiratory problems; the smoking ordinance is worth retaining because her neighbors and friends attend; the equipment is the problem, not the no-smoking law. John Scott Graham, 1728 Tregloan Court, stated he was a smoker when the Smoking Ordinance went into effect; 59.9% Alameda voters voted for Proposition 99, tax on cigarettes; he believes citizens of Alameda stated they wished no smoking in Alameda. Vi Morris, 601C Willow Street, stated many persons have respiratory diseases and heart problems; medical professionals addressed January 3, 1989 Council at prior meetings regarding smoking; non-smokers are subjected to second-hand smoke; and any ordinance change would be a step backward. Bill Morris, 601C Willow Street, stated he is a smoker, but urges Council to leave the Ordinance as it was; appreciates smoke-free bingo halls; smokers have smoking breaks and should respect the right of non-smokers. Don Sherratt, 74 Basinside Way, Past President of Alameda Boys Club, stated he agrees with Council trying to create a smoke-free community; but does not want discrimination; and individuals should have the choice to attend or not attend bingo parlors. Marie Kohl, 58 Elysian Fields Drive, stated ventilators and smoke eaters do not work; there are smoking breaks; Boys Club prices are too high, and their players are going elsewhere; the problem of bingo losing business is the competition, not the smoking. Victor Kohl, 58 Elysian Fields Drive, commented that to change the ordinance at this point would point out Alameda as a black sheep of the situation and noted Surgeon General's warnings. Darlene Banda, P.O. Box 1089, stated she is not a bingo parlor player but agrees with upholding the ordinance on the basis of her own common sense; as an ex-smoker, she does not want Alameda charities held hostage by smokers; perhaps other means to raise funds should be considered; there should not be a step backward, should act in good conscience and support the Smoking Ordinance. Councilmember Monsef stated bowling alleys are supposed to comply; if they do not, it should be reported; the no-smoking ordinance is for the welfare and health of youth and seniors; 75% of the population does not smoke and should not be subjected to smoke; St. Barnabas Catholic Church and Mastick have profited; this ordinance is not to hurt organizations but the general public is the interest of the Council; he does not believe Council should make any change in the ordinance because it is good for the public; perhaps new fundraisers should be tried. Councilmember Thomas stated she supports Councilmember Monsef's position; Council should not change the ordinance; if bowling alleys are not covered by the ordinance, they should be; the ordinance needs to be enforced; Council must take a position of policy just as in setting freeway speed limits; believes it is not too much for people to give up smoking a short while so others can attend bingo games. Councilmember Camicia stated he is a non smoker, but the question is by allowing no-smoking-at-bingo-games to continue, is there harm to some groups who do some good in the community; the answer is yes, and so he is on the side of the charitable organizations. President Corica stated the last time this matter was discussed, it was requested that operators get together with the City Manager to discuss some way to make the operation compatible for smokers and non-smokers; supposedly there would be some new methods that would January 3, 1989 make it work so it would not impact charitable organizations; he still believes it should be explored and does not believe it has been explored fully. Councilmember Monsef made a motion that the ordinance stay as it is; Councilmember Thomas seconded the motion. The motion failed on the following voice vote: Ayes: Councilmembers Monsef and Thomas - 2. Noes: Councilmember Camicia and President Corica - 2. Absent: None. Abstention: Councilman Arnerich - 1. President Corica announced that the Ordinance remains as it was. 89-021 "Amending Title XVII of the Alameda Municipal Code to establish a stop sign for Magnolia Drive at Melrose Avenue." Introduced. Councilmember Camicia made a motion to introduce the ordinance. Councilman Arnerich seconded the motion and it was carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, GENERAL 89-022 John Scott Graham, 1728 Tregloan Court, suggested the School Board should have offered the South End Building of the Historic Alameda High School as a library annex for the main library in Alameda. President Corica noted the Library Site Committee had considered the location but did not believe it would be compatible. 89-023 John Doherty, Alameda, stated he has suggested provision of low-cost or free shuttle service to Marina Village Lucky Store, with most of the cost to be borne by developers, e.g., Marina Village, Gersten Company and others, and offered to help in any way possible. President Corica thanked Mr. Doherty, stated it was being worked on, to see what impact there would be on Webster Street; a shuttle might work, but the best thing would be a grocery store. 89-024 Councilmember Thomas commented the cost of the Touche Ross audit was $52,500 this year, and Touche Ross was selected by the City Auditor. 89-025 Councilmember Thomas commented that a child's bicycle has been locked to the bike rack in front of City Hall for a month, and she would like to see it removed. 89-026 Councilmember Thomas requested adjournment be made in memory of John Leadingfox, who died last month of lung cancer. 89-027 Councilman Arnerich suggested, when a federal holiday falls on a Monday, and City Hall is closed, consideration be given to refraining from enforcement of parking meters. President Corica commented that Councilman Arnerich's remarks had merit; when people note City Hall is to be closed, they believe January 3, 1989 parking meters will not be enforced; if Council wishes, perhaps that policy might be implemented. Councilman Arnerich commented the matter should be explored before the next such holiday. ADJOURNMENT 89-028 The meeting was adjourned in memory of John Leadingfox. President Corica adjourned the meeting at 9:35 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. January 3, 1989