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1987-12-15 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY DECEMBER 15, 1987 The meeting convened at 7:35 p.m. (at the conclusion of a Special Meeting of the Housing Authority, and a meeting of the Community Improvement Commission) with Vice-Mayor Thomas presiding until the arrival of President Corica at 8:00 p.m. The Pledge of Allegiance was led by Councilmember Haugner. Reverend John Foley gave the invocation. ROLL CALL - Present: Councilmembers Camicia, Haugner, Monsef, Thomas, and President Corica - 5. (President Corica arrived at 8:00 p.m.) Absent: None. MINUTES Councilmember Haugner made a motion to approve the minutes of the Regular Council Meeting of December 1, 1987. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Haugner, Monsef, and Thomas -3. Noes: None. Absent: President Corica - 1. Abstention: Councilmember Camicia - 1. SPECIAL ORDERS OF THE DAY 87-864 Presentation of Raffle Prize for RIDES Commuter Survey. Vice-Mayor Thomas announced that Judy C. Day had won $250 donated by businesses in the area, and thanked the businesses for the donation. (See 87-874) Ann Hulen, Executive Director of the Chamber of Commerce, read a list of participating businesses. CONSENT CALENDAR Councilmember Thomas requested that Item No. 1-C regarding extensions of time for improvements for Tracts 4540, 4542, 4543 and 4544, be removed from the Consent Calendar and placed on the Regular Agenda. Councilmember Camicia made a motion to approve the Consent Calendar with the exception of Item No. 1-C noted above (See 87-893). 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 *87-865 From City Manager requesting authorization to extend meter free Saturdays program for 30 days. Accepted. *87-866 From Finance Director on City's investment portfolio as of November 30, 1987. Accepted. DEC 15 99 *87 -867 From Recreation & Parks Director recommending acceptance of work of National Surfacing Company, Inc. for resurfacing the tennis courts at Krusi and Longfellow Parks. Accepted. RESOLUTIONS *87 -868 Resolution No. 11362 "Awarding contract to West Star Distributors for Greenmaster Mower for the Golf Course and authorizing execution thereof." Adopted. FINAL PASSAGE OF ORDINANCES *87 -869 Ordinance No. 2370 "Amending the Alameda Municipal Code by amending Chapter 4, Article 3 of Title XVII thereof to establish a two -way stop on Eagle Avenue at Union Street." Adopted. BILLS *87 -870 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,789,003.84. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 87 -871 From Michael Rawson, Legal Aid Society of Alameda County, 4450 East 14th Street, Oakland, regarding negotiations between the Buena Vista Apartments tenants and the Gersten Company. Clayton Guyton, 457 Buena Vista, #305, thanked the City of Alameda, and Gersten Company for going to Washington D.C., to secure vouchers for Buena Vista Apartments, and requested Council urge Gersten Company to increase rent gradually so that tenants without vouchers can have an opportunity to arrange to adjust to rent increases. Delores Martin, Buena Vista Apartments, agreed with the previous speaker and requested more time before the rent increases. Heriberto Hernandez, Buena Vista Apartments, stated it is a serious problem to have three large rent increases in one year, the apartments are in disrepair, i.e., the elevators have not worked for approximately 18 months, the people cannot afford the rent increases, and rent control would be helpful. Cesilio Guzman, 457 Buena Vista, expressed his concerns that the buildings need repair and is concerned about management, noting delivery of lease documents to his apartment late at night. Susan Davis, Buena Vista Apartments, requested Council negotiate; she is under three year wage freeze and needs time to find another place. Rubye Jordan, 525 Buena Vista Avenue, requested Council, if it M15 100 cannot help with freezing the January increase, negotiate to freeze future rents of the year. Juliet Daoud, 465 Buena Vista Avenue, stated the rent increases are too much and too frequent. Mayor Corica arrived and took his seat to preside over the meeting. Linda Davis, 527 Buena Vista Avenue urged Council to influence Gersten Company to extend increases over two years; and commented her ceiling has been leaking over four years. President Corica noted Council has obtained vouchers and will continue to negotiate with the Gersten Company, and the Gersten Company has promised to rehabilitate the apartments. Councilmember Haugner noted the lack of affordable housing in the City. In response to Councilmember Camicia's request for Minutes of meetings with Gersten Company, President Corica stated he will report regarding Gersten meetings and discussions but does not know if it will be possible to obtain information regarding meetings between Gersten and individuals from Buena Vista. In answer to Councilmember Thomas's question, the Housing Authority Director replied the qualification for the vouchers is based on the individual's income, not on rent increase. Councilmember Thomas commented that the Rent Review Advisory Board is open to listen to complaints and investigate them. Councilmember Monsef commented that the Gersten Company has agreed to sit down with individuals from Buena Vista to attempt to work out a solution; therefore perhaps Council should allow those meetings to go ahead, and if there are tenant grievances, perhaps they should go to the Rent Review Advisory Board as suggested by Councilmember Thomas, and in the future come back before Council. Mr. Guzman commented that perhaps the City could buy land through HUD to provide housing. Mr. Guyton stated the meetings with Gersten Company have not yet been arranged. Following further discussion Councilmember Camicia suggested a meeting between the City, residents, and a Gersten representative. President Corica stated he was agreeable to that and would contact the Gersten Company. Mr. Hernandez stated rent control would help. Councilmember Monsef made a motion to accept the communication. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. DEC 15 101 87-872 From Alice A. Challen, M.D., regarding the hiring of additional Fire Fighters. Accepted. (See Paragraph 87-873 for discussion) 87-873 From Thelma Dyke, 1420 Union Street, regarding the need for more Fire Fighters. Sal Monaco, 2450 Otis Drive, stated people are lost through attrition; those who are left must work harder, get more tired and make more mistakes; instead of hiring a consultant, he would like to see the Fire Chief get the people he needs. Mike D'Orazi, President, Alameda Fire Fighters Association, stated the department runs with a fluctuating level of service; every other City in Alameda County has a set minimum level; is concerned for fire fighters' lives and for citizens; and, while studies are in progress, problems are worsening and fire companies are still being shut down for lack of manpower. Bunnie Russ, 905 Broadway, stated she is surprised Council has not followed advice of the Fire Chief and fire fighters; had excellent service from the Fire Department but is concerned if fire fighters are already on call, they may not be available for emergencies. Dr. Alice Challen, 2601 La Jolla Drive, stated the speed with which an emergency is cared for is very important, and read her letter requesting Council add at least four more fire fighters to the Department; and not allow other projects, i.e., City Hall renovation, library, etc., to have priority over saving lives. Thelma Dyke, 1420 Union Street, stated, as heart patient, she knows ambulance speed is important, does not believe any issue should be placed before Fire or Police Department needs, and it is imperative that the men be available to operate the ambulance. John Ravet, 1816 St. Charles, stated despite Alameda's population, there is not the joint response available in neighboring cities; the City prides itself on old Victorian buildings but most have extremely flammable walls; Alameda cannot fight a catastrophe; insurance rates rise when there is lack of appropriate protection; and asked what will happen when several calls occur at once. Gerhard Degemann, 19 Sandpiper Place, stated he agrees City needs more fire fighters; safety of citizens should come first on Council's agenda; believes fire fighters could not get through in heavy traffic; urged Council reconsider previous decision and endorse more fire fighters for the protection of Alameda, citizens. Councilmember Thomas stated she agrees with all speakers, and hiring more fire fighters should be the number one priority. Councilmember Monsef stated he asked for a review of the department as it may be topheavy; is concerned for the community but believes services are adequate; Navy will help in disaster; and he does DEC 1 519E8 102 not object to voting for more men if he knows all are doing their jobs, and therefore wants the study done as soon as possible. Councilmember Haugner stated if the study shows more [personnel] are needed, she will be agreeable to it. President Corica stated his number one priority is public safety, police and fire, because it is what citizens value most; believes matter has been studied long enough, experts are in departments because of their expertise, large expenditures for other projects are secondary to fire and police protection, and funds should be found for four more fire fighters; and he would like to go ahead tonight. Councilmember Camicia stated he believes the safety of the City is acceptable and appropriate because the number of fires is down, and there is a Navy backup; and he cannot justify spending the money when the need is not present. Councilmember Thomas stated that medical support has been added and fire suppression personnel have been lost to emergency medical runs; Engine 5 has been out of service a great deal of time, and $41,000 has been spent on overtime to keep it from being out of service all of the time, and the City is more densely populated. Richard Quarante, Fire Chief, stated more fire fighters are needed; the real issue is that there is a shortage of manpower; the hiring of two firefighters was to replace a part of 12 lost since 1984 to staff two City ambulances, and the department has taken on a major program that generates a quarter of a million dollars annually; in the last 4 - 1/2 months, there has been an average of 50.4% manpower shortage at the start of a shift, varying from 30% to 67%, depending on vacations, injuries or sickness. John Barni, Sr., 1810 East Shore Drive, urged Council to give support to Fire Department, and added that a permanent fire house is needed on Bay Farm Island. James Calvarese, 1081 Mangrove Lane, stated Council has an obligation to give minimum protection to the citizens, and proposes minimum coverage of 5 engines, 2 trucks and 2 ambulances; he lives on Bay Farm Island, and if the bridge goes up and the engine is on the main island, there would be no protection, and believes for a City this size, it is below minimum. Councilmember Camicia stated it is clear that there is acceptable public safety but there is a problem with the union which wants four more people and the City cannot afford four more people, and wants statistics where the City is vulnerable. Mr. Calvarese stated when Engine 5 is shut down the City is vulnerable, and injuries to firemen have been up 100% in the last four years. Mr. Ravet suggested people spend a day with the fire department to see what fire fighters do; and stated that fire captains go out DEC 1 5 1 and fight fires and do many other things; Councilmember Camicia made a motion to accept the two communications regarding fire fighters. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-874 President Corica noted that Judy Day was present at the meeting (See 87-864); and presented the $250.00 check to her. 87-875 From Vice President, Mastick Senior Center Advisory Board, and Bingo Manager, Mastick Senior Center, 1155 Santa Clara Avenue, requesting consideration of an amendment to the ordinance regulating smoking in public places. (Continued from December 1 Council Meeting) Accepted. See paragraph 87-876 for discussion on both items. 87-876 From concerned bingo games representatives requesting that Ordinance No. 2364, N.S., be amended so that bingo parlors are specified in the category of exempted facilities such as bars and retail tobacco stores. Tom Baldwin, 2228 Encinal #A, stated he attends a hobby shop where he usually smokes, that he supports the store, and he should be allowed to smoke. Marie Kohl, 58 Elysian Fields Drive, the ordinance represents saving lives and protecting health; and smokers will still play bingo after a non-smoking ordinance. Victor Kohl, 58 Elysian Fields Drive, stated Temple Israel has a large foyer where people can smoke; one church he played bingo in provided a separate area. John Babjak, 1614 Versailles Avenue, St. Philip Neri Church, asked why the bars and tobacco stores are exempt. The City Attorney stated the ordinance is the collective wisdom of several cities, commented that tobacco stores are places where people try out tobacco samples, and added the ordinance does not ban smoking everywhere in the City. Mr. Babjak stated that no one is forcing anyone to attend bingo games; bingo games are for fund-raising; the church cannot provide separate areas, and they may have to close and lose money. Paul Mitterbach, 2310 Clement Avenue, owner of J & J Plumbing Supply, stated he is a non-smoker, his contractor customers are smokers, the ordinance will hurt his business; and he is not willing to enforce the ordinance. Gerhard Degemann, 19 Sandpiper Place, stated if the ordinance goes into effect, he does not believe people will really lose business. Robert Glotch, 2050 Lincoln Avenue, Executive Director, Alameda Boys Club, stated players say they will not come back if there is OED15198.8 no smoking; it is a part of the game; and they will lose a lot of money for the Boys Club. Councilmember Monsef stated everyone is looking at the issue from the negative aspect; no one has looked at the issue that they may not be drawing people to the game because they do not provide an area for non-smokers; a policy has to be made for the benefit of the majority of people; and urged the Council not to make changes in the ordinance but to see what happens when it goes into effect. Councilmember Monsef moved the communications be accepted. Councilmember Thomas seconded the motion. Councilmember Haugner stated the matter should be looked at as a health issue, the smell of smoke lingers and bingo rooms are used for other things; she would like non-smoking but as a compromise she would consider a separate enclosed ventilated area. Councilmember Camicia commented perhaps the ordinance could be phased in over a number of years and within that time there could be smoking sections provided, time to alert smokers they will not be able to smoke, and time to bring in non-smoking players. Councilmember Thomas agreed a compromise would be good, but unless there were separately enclosed and separately ventilated facilities, the problems noted by Councilmember Haugner will be present; suggested, if there is a compromise, perhaps there could be alternate nights for smoking and non-smoking; and noted that losses may just be speculative at this point. Frank McCormick, 1155 Santa Clara, Mastick Senior Center, stated there is no way that there will be a profit from non-smokers; that the money spenders are the smokers. John Scott Graham, 1728 Tregloan Court, stated adults are going into the sanctuary, at the Boy's Club, of children who are not permitted to smoke, and saying by their example that it is alright to smoke; and maybe people should realize perhaps they should not smoke. President Corica agreed that perhaps a compromise might be made; suggested perhaps there should be a little more time given, and perhaps it should be phased in. Councilmember Monsef stated it would be a mistake for Council to begin giving exemptions to specific groups; stated the whole issue is to make a general policy in the public interest for the majority of the citizens of the City of Alameda; and urged Council not modify or make the ordinance weaker, and wait to see what happens when the ordinance goes into effect. Councilmember Haugner stated she would like the option presented to the bingo parlors to provide divided areas if they are able to. Following discussion on procedure of possibly amending the ordinance, the motion to accept the communications was carried by DEC 1 5 1 105 unanimous voice vote - 5. Councilmember Haugner made a motion that the City Attorney be directed to present several alternatives for amending the ordinance on the next agenda. Councilmember Monsef stated he would not object as long as the alternatives include a smoke -free area. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87 -877 From City Manager regarding the City's legislative representative. Mary -Linda Kemp, 815 15th Street, N.W., Washington, D.C., 20008, representative of Floyd Hyde and Associates (Hyde), stated Hyde has represented Alameda since 1982, and was hired when there were problems with HUD regarding grant funds; listed projects with which they have helped and been effective; and stated it is important to have someone to do background and follow -up work in Washington, which requires a lot of time. Fred Scullin, 1120 Chestnut Street, stated his concerns and questioned the benefits to the City by retaining Hyde. Councilmember Camicia stated Hyde has done follow -up on airport problems; the City needs an advocate in Washington, D.C., because problems are becoming regional; suggested Council continue with the legislative representative until the end of the year. Councilmember Haugner stated airport problem is federal problem, lobbyists have the necessary connections that help; agrees that Hyde should be kept for at least six months. Councilmember Monsef stated he requested this be placed on the agenda, not from a budgetary standpoint but to consider benefit the City derives; believes best representative for the City is Congressman Stark and best ambassador is the Mayor of the City; and does not believe the City receives the benefit it pays for. President Corica stated he has found through the years that any things can be done through the office of Mayor; that there is no problem communicating with Congressman Stark and Senator Wilson and they have staff to assist; elected officials carry more clout in Washington; believes the lobbyist is not necessary and would prefer the money be used for the firemen. Councilmember Camicia stated that our State and federal representatives do not always agree and support every issue, but an advocate, a lobbyist, can do that; regarding the airport situation, it is not a time to drop the lobbyist, and if they are not successful, they can then be dropped. President Corica stated Council should come up with a proposal that it believes will work in Washington, and then, if necessary, take DEC 15 106 it there, because Council will be listened to more than a lobbyist. A discussion followed on the pros and cons of the value of the lobbyists with regard to the airport problems. Councilmember Haugner noted we are on a month to month contract with the consultants and she has a problem with sudden abandoning. Councilmember Monsef noted the City has been dealing with the airport several years; if someone is considered for termination because it is believed they are not beneficial to the City, there should not be procrastination, a decision should be made to either terminate or keep them. President Corica stated that fourteen cities in the Mayors Conference recently banded together to help on a Naval Air Depot matter, and that way, and other ways, are effective in getting things done. Councilmember Thomas moved that the association with Floyd Hyde be discontinued when legally possible. Councilmember Monsef seconded the motion. Following discussion on what the City might or might not do about airport problems in the absence of the association with Floyd Hyde, the motion was carried by the following voice vote: Ayes: Councilmembers Monsef, Thomas and President Corica - 3. Noes: Councilmembers Haugner and Camicia - 2. Absent: None. Councilmember Haugner stated she would like to be included more in the dealings with the Port of Oakland. 87-878 Petition from concerned Alameda residents and players requesting that the starting time policy of the Alameda Golf Course be restored to the original practice at the conclusion of the "pilot test." Cal Santare , 2515 Central Avenue, suggested that the matter be given to the Golf Commission tomorrow evening, thanked the City Clerk and City Manager for helping with the filing of the petition, etc., and asked if the Commission should come back to Council for final approval of any decision the Golf Commission makes tomorrow evening. President Corica stated this is a pilot program but if there is going to be some controversy, then he suggests the recommendations of the Golf Commission be brought back before Council for final decision. Hubert Morgan, 301 Grand Avenue, commented that he had a petition signed by more than 500 residents supporting continuation of the preferential starting time program, which will be presented to the Golf Commission at its meeting. Councilmember Camicia made a motion to accept the recommendation of the Recreation and Parks Director that the matter be directed to DEC 151988 107 the Golf Commission for review and development of recommendations regarding the program. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87 -879 From Modesto T. Pendon, Jr., 1839 Solano Way, Oakland, regarding application review procedure for Junior Civil Engineer position. Mr. Pendon expressed his concerns regarding the review procedure, noted the handling of his own application, and requested further explanation of the procedural handling of his own case. President Corica suggested he put his questions in writing and send them in to the Personnel Department. Councilmember Monsef made a motion that the communication be accepted. Councilmember Thomas seconded the motion. The motion was carried by unanimous voice vote - 5. 87 -880 From President, Chamber of Commerce, 2314 Central Avenue, regarding a two -part research program on parking needs. Tom White, President, Chamber of Commerce, requested Council's approval of a research program, fully funded by the Chamber of Commerce, which would require assistance of City staff, regarding the City's parking problems. Councilmember Haugner made a motion to approve the proposed program. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 87 -881 From City Manager regarding Annual Report of the Community Improvement Commission to the City Council of the City of Alameda. Councilmember Monsef made a motion to accept the report. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87 -882 From City Manager summarizing 1987 voting records of local State representatives on selected bills. President Corica commented that the report shows that the representatives appear to be responsive to the needs of the City. Councilmember Haugner made a motion to accept the report. Councilmember Thomas seconded the motion. President Corica suggested both representatives receive a resolution. Councilmember Monsef suggested the Council ask for more support, either by resolution or by letter. DEC 15 108 The motion was carried by unanimous voice vote - 5. Councilmember Haugner requested the resolution regarding Assemblyman Harris be taken out of order. It was agreed by consensus of Council to do so. 87 -883 Resolution No. 11363 "Expressing appreciation to Assemblyman Elihu Harris." Adopted. Councilmember Haugner made a motion to adopt the resolution. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87 -884 Resolution No. 11364 "Authorizing submittal of request for Coastal Conservancy Grant funding for planning work related to the Bayview Shoreline Bird Sanctuary Habitat Restoration." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Thomas seconded the motion, which was carried by unanimous voice vote - 5. Leora Feeny, 1330 8th Street, Audubon Society, thanked Council. 87 -885 From Community Development Director regarding proposed revisions to parking regulations. Councilmember Thomas stated she had concerns about the "night clubs, dance halls" category in the Comparisons report, page two, No. (4), which appears to reduce the parking, that there is a real parking problem at the Hot Rod Cafe, Mariner Square, where cars sometimes park in the fire lanes, that it may be an enforcement problem but believes parking should not be reduced; also, cni.ld care facilities should have required loading zones in front. Councilmember Haugner stated she would like to have considered, under Residential Uses, that a studio unit is given 1 1/2 spaces per dwelling unit and she believes that is high. Councilmember Thomas added that the Library Board had once noted that more staff are needed per each story [level of proposed library], and she suggested that may need to be a factor rather than just square footage. Councilmember Thomas made a motion to accept the report. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87 -886 From Public Works Director on public hearings for State Route 61 concept planning including Cross Airport Roadway. Fred Scullin, 1120 Chestnut Street, expressed his concerns about the Cross - Airport Roadway. President Corica commented that public input is necessary to assure Bay Farm Island (BFI) residents that the Roadway, when and if it is constructed, will not have measureable impact on BFI residents. DEC 15 109 The Public Works Director noted that letters and schedules of all meetings had been sent to the presidents of all homeowners' associations; the Alameda Times-Star and the Alameda Journal were notified; and a front-page advertisement in the Times-Star was purchased to notify the community. Councilmember Camicia made a motion to accept the report and recommendation. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-887 From Public Works Director on status of financial affairs of architect for City Hall renovation project. Councilmember Camicia made a motion to accept the report. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 87-888 Resolution No. 11365 "Expressing Council's support of State tax rebate donations to schools." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87-889 Resolution No. 11366 "Opposing the Industrial Welfare Commission's proposal on an alternate minimum wage for tipped employees." Adopted. (Continued from December 1 Council Meeting) Councilmember Camicia moved adoption of the resolution, and noted that the resolution, if approved, must be received tomorrow morning by the Board of Commissioners, and he will take it there. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87-890 Resolution No. 11367 "Authorizing execution of agreement for planning services for the completion of Citywide historical survey." Adopted. Councilmember Haugner made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-891 Resolution No. 11368 "Appointing the persons nominated as Trustees of Bay Farm Island Reclamation District No. 2105." Adopted. Councilmember Camicia made a motion to adopt the resolution appointing Raymond P. Kranelly, C. Phillip Nutzman, and M. Kent Hockabout as Trustees. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-892 Resolution No. 11369 "Authorizing execution of agreement for construction and completion of improvements in connection with DEC 15 1 Ce.', 112 what the City wishes to accomplish. Councilmember Camicia noted that Mr. Mineta would take the communication to the FAA. 87-899 Councilmember Camicia requested the City Manager to repor'c back to the Council on agendizing "Written Communications" in the future. ADJOURNMENT President Corica adjourned the meeting at 12:30 a.m. in memory of Dr. Edward S. Ashuckian who was a leader in several Alameda fraternal organizations as well as other professional and religious groups. Respectfully submitted, r, DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance. in accordance with the Brown Act. MC 151986