1987-01-20 Regular CC Minutes16
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY ------- - - - - - JANUARY 20, 1987
The meeting convened at 7:30 p.m. (at the conclusion of the
Closed Session to consider the cases of Williams v. City of
Alameda and Lofstrand v. City of Alameda; and the Community
Improvement Commission meeting) with Acting President Monsef
presiding. The Pledge of Allegiance was led by Acting President
Monsef. Reverend Doug Henderson gave the invocation.
ROLL CALL Present: Councilmembers Corica and Hanna, and
Acting-President Monsef - 3.
Absent: Councilmember Lucas and President Diament -2.
MINUTES
Councilmember Hanna made a motion for approval of the minutes of
the Regular Council Meeting of January 6, 1987. The Motion was
seconded by Councilmember Corica and carried by unanimous voice
vote - 3.
CONSENT CALENDAR
Acting President Monsef announced that Item 1-D regarding the
plans and specifications for the Marina Village Parkway landscape
improvements had been withdrawn; and removed Item 1-E, regarding
final passage of an ordinance amending the Alameda Municipal Code
relating to vending machine sale of magazines or periodicals, from
the consent calendar for placement on the regular agenda, at the
request of the public.
Councilmember Corica moved for adoption of the Consent Calendar,
with the exception of Items 1-D and I-E. Councilmember Hanna
seconded the motion which was carried by unanimous voice vote - 3.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*87-037 From Finance Director on City's Investment Portfolio as of
December 31, 1986. Accepted.
RESOLUTIONS
*87-038 Resolution No. 11089 "Adopting specifications for law
enforcement vehicles, calling for bids and directing City Clerk to
advertise same." Adopted.
*87-039 Resolution No. 11090 "Adopting plans and specifications
for reconstruction of Eagle Avenue from Eighth Street to Thau Way,
calling for bids and directing City Clerk to advertise same."
Adopted.
17
FINAL PASSAGE OF ORDINANCES
*87-040 Ordinance No. 2314 N.S. "Amending the Alameda Municipal
Code by amending Chapter 2 of Title V thereof to require closure
of abandoned driveways." Adopted.
*87-041 Ordinance No. 2315 N.S. "Amending the Alameda Municipal
Code by adding Subsection (i) to Section 5-171.2 of Title V
thereof relating to regulation of news racks." Adopted.
BILLS
*87-042 A List of Claims, certified by the City Manager as
correct, was approved in the amount of $3,031,304.53.
FILING
*87-043 Affidavit of City Manager and Chief of Police pursuant to
Section 17-11 of the Charter of the City of Alameda. Accepted.
HEARINGS
87-044 Hearing to order installation of street improvements on a
portion of the southern half of Oleander Avenue, approximately 113
feet in length, at the intersection of Melrose Avenue.
The Public Works Director explained the matter.
Councilmember Corica inquired if the owner was agreeable to the
City proceeding with the construction work, to which the Public
Works Director responded in the affirmative; and added that a
petition requesting installation of the improvements by the City
would be received in a few days.
The public portion of the hearing was opened.
There being no speakers, the public portion was closed.
Councilmember Corica moved that the recommendations of the Public
Works Director be accepted and that the related resolution be
taken out of order. Councilmember Hanna seconded the motion and
it was carried by unanimous voice vote - 3.
RESOLUTIONS
87-045 Resolution No. 11092 "Overruling objections to notice to
construct street improvements on Oleander Avenue at Melrose Avenue
and authorizing Superintendent of Streets to cause said work to be
performed.
Councilmember Hanna made a motion to adopt the resolution.
Councilmember Corica seconded the motion and it was carried by
unanimous voice vote - 3.
18
87-046 Resolution No. 11093 "Adopting Plans And Specifications for
closure of Doolittle Landfill site, calling for bids and directing
City Clerk to advertise same."
The Public Works Director outlined the proposed closure of the
landfill site.
Councilmember Hanna made a motion to adopt the resolution.
Councilmember Corica seconded the motion and it was carried by
unanimous voice vote - 3.
INTRODUCTION OF ORDINANCES
87-047 Ordinance No. N.S. "Amending the Alameda Municipal Code
by amending Chapter 3 oi Title IV thereof relating to Harbor and
Tidelands Regulations."
Councilmember Corica made a motion to introduce the ordinance.
Councilmember Hanna seconded the motion and it was carried by
unanimous voice vote - 3.
FINAL PASSAGE OF ORDINANCES
87-048 Ordinance No. 2316, N.S. "Amending Title XI of the Alameda
Municipal Code relating to vending machine sale of magazines or
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual
activities or anatomical areas."
Estela M. Torres, 1231 4th Avenue, San Francisco, inquired when the
ordinance would go in effect, how would it be enforced, and how would
the publishing company know it is in compliance, to which the City
attorney replied it would go into effect 30 days after passage, and be
enforced the same way other ordinances are.
Malena P. Nelson, 1052 Fontana, stated that she supported the
ordinance; and that children should be protected.
JoAnn Stansberry, P.O. Box 2776, Fremont, Concerned Women of America,
commented she was born in Alameda; that with freedom comes
responsibility; that she was appalled at the content of the
Spectator; and quoted from a study which states that pornography and
sexual violence desensitizes individuals.
Ron Belanger, 1158 Bismarck Lane, stated there are no controls over
who buys from vending machines; they must not be sold to those under
18 and yet are available on the streets to minors.
Mary Burson, 2500 Eagle Avenue, commented she saw the San Franciscans
Against Censorship Together ad in the Times-Star newspaper, that spoke
against censorship and came out to speak, noting that the issue has
nothing to do with censorship; that there is an interest in
protecting children; that the ad spoke of whether or not people
wanted their tax dollars spent on this matter; and stated tax dollars
are supposed to improve a community and she couldn't think of a better
was to spend it.
Jeff Ryan, 2245 San Jose Avenue, stated the newspaper ad mentioned
protection by the First Amendment, but that the First Amendment is not
absolute and cited the Supreme Court ruling in Miller v. State of
California, and stated he would be willing to contribute to support
the City in Court expense.
Salvatore Monaco, 2450 Otis Drive, noted that the newspaper ad by the
San Francisco organization indicated that Council was dictating to the
citizens of Alameda, but that the citizens who spoke up at the
introduction of the ordinance and subsequently, clearly is a mandate
from the people to the City Council.
Christine Kanbergs, 1529 Lafayette Street, thanked Council for taking
a strong stand and urged them to remain strong; commented she hopes
what the community is doing will spread across the country; that the
matter is a worthy cause for the use of tax dollars; that there are
those who masquerade as defenders of the first amendment but are
peddlers of pornography.
Deborah Hunt, 219 Santa Clara, stated she is a librarian with a degree
from the University of California at Berkeley and has had abundance of
experience in censorship but the proposed ordinance is not the same
kind of thing at all.
Marguerite (Maleka - Kuroda) Brown, 1309 Sherman Street, stated that
freedom is a two -edged sword; and believes it is time that voices
should be heard against that which harms society as pornography does.
Barbara Thomas, 1118 Paru Street, stated she agrees with the City
Attorney; as an attorney she supports first amendment but that the
real problem here is selling to minors; that if the publishers cannot
limit their sales to adults, their licenses should be revoked; that
as a mother and taxpayer she totally agrees with taxes being used for
this matter.
Lowell A. King, 5049 Winsford Court, Newark, complimented Council for
their stand on the issue; requested City Attorney consider State
Penal Code 313a; stated sellers of this material to minors are in
violation of State law; suggested vending machines be moved into
areas like bars where children would not have access.
Marlene Sahr, 1029 Holly Street, commented that the ad indicates that
the organization is here to defend the rights of the people of Alameda
to a free press, but believes the people of Alameda are capable of
defending their own rights, and do not need their help; that this is
not a freedom of the press question, but availability of a publication
with explicit sex material and is available to young people on street
corners.
Bobby Lilly, 1800 Market Street, San Francisco, representing the San
Franciscans Against Censorship Together organization, said it would be
costly to litigate the issue; that most people feel the City could
not win in a suit and therefore there should be something better to do
with the tax monies.
Layne R. Winklebleck, #1353, 2000 Center Street, Berkeley,
Circulation Manager of the Spectator Magazine, stated the limitation
on placement of the vending machines is unreasonable; that the
Spectator is not intended for children; and that people who have
problems with the Spectator, have emotional problems.
Acting President Monsef stated that the City Clerk and the Mayor's
office have received many phone calls in support of the ordinance.
Councilmember Corica commented that a speaker stated that it is the
Spectator's intent not to sell to minors; that it is Council's intent
also; that it is not being said that it cannot be bought by adults
who want it; that mothers are concerned that the children have
access; that some say Council is trying to censor but it is not that
at all, that Council has a responsibility to the concerned mothers and
other citizens of Alameda, to the best of its ability; that he
strongly supports the ordinance and was glad to hear some citizens
speak of financial support.
Councilmember Corica made a motion for adoption of the ordinance.
Councilmember Hanna seconded the motion and stated that it was only
another form of zoning; that houses can only be placed in certain
areas; businesses can only be placed in certain areas and this is
only another part of zoning law.
Acting President Monsef stated that he was fully confident that the
City will win in Court and stated that he supports the motion.
The motion was carried by unanimous voice vote - 3.
ORAL COMMUNICATIONS, GENERAL
*87-049 John Barni, Jr., 875 Island Drive, inquired of Council how
much of the developer's funds, and/or federal funds, and/or City funds
were used on Doolittle Drive and Harbor Bay Parkway, where there was a
beautiful improvement put in on City property at the entrance to
Harbor Bay Isle.
The City Manager responded that the financing was done with assessment
funds, which are basically developer's funds.
ADJOURNMENT
Acting President Monsef adjourned the meeting at 8:20 p.m.
ectfully sub ' ed,
DA1IE B. FELSCH
Cy Clerk