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1988-08-02 Regular CC Minutes220 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - - - - AUGUST 2, 1988 The meeting convened at 7:32 p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilmember Monsef, and Rev. Doug Henderson gave the invocation. ROLL CALL - Present: Councilmembers Camicia, Haugner, Monsef, Thomas, and President Corica - 5. Absent: None. MINUTES Councilmember Haugner made a motion to approve the minutes of the Regular Council Meeting of July 19, 1988 and Special Council Meeting of July 14, 1988. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 88 -490 Presentation by East Bay Municipal Utility District on Water Supply Management Program. Jerome Gilbert, General Manager, Ken Kofman and Brian McCrea were present; a slide presentation was made concerning the current program for maintaining high quality water, (for which the Water Supply Plan formed the basis), the use of Sierra water, the location of reservoirs was described, as well as security, shortage, health and safety problems, possible solutions, area growth and its impact, EBMUD service area, pipes from Sierra delivering water to terminal storage, alternative storage terminal sites, the cost and necessary security of same, etc. President Corica inquired why there is such a big problem now when water has been conserved since the last drought, to which Mr. Gilbert replied that there is a current drought for the second year in a row, and outside irrigation has not decreased. Councilmember Haugner suggested EBMUD Water Saving Kits be made available to Alameda, to which Mr. Gilbert replied his staff would prepare for that service immediately. President Corica suggested they be made available through the Fire Stations. Councilmember Haugner requested that EBMUD notify the City Manager, for Council, of the Water Supply Management Plan hearing date. Councilmember Thomas inquired why there is not an absolute limit set on water for households and as an alternative to the Buckhorn Reservoir, to which Mr. Gilbert replied when there is an absolute crisis situation, which may occur with another dry winter, that will be necessary; but a rate schedule benefitting people who use . less, and charging a great deal more for those who use high amounts is working well; and records show gross savings; customers are saving 25 -30 %; regarding escalating water rates as alternative to August 2, 1988 221 Buckhorn: EBMUD serves large apartment houses, commercial establishments, hospitals, etc.; State law requires charges to be only on cost; he is not aware of any utility that has done that; it is not practical to tide over a drought, is a good idea theoretically but not possible. CONSENT CALENDAR Councilmember Thomas stated she would vote No on Item No. I -J on the Consent Calendar, the Ordinance relating to defacement of public buildings and other property, (See *88 -500). Councilmember Camicia made a motion to approve the Consent Calendar. Councilmember Haugner seconded the motion and it was carried by a unanimous voice vote- 5 [with one exception: Councilmember Thomas' No vote on Item No. 1 -J ( *88 -500) noted above.] Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *88 -491 From Public Works Director recommending acceptance of the work by J. Huizar and Sons for Grand Street /Shore Line Drive Sanitary Sewer Pump Station and Force Main, P.W. No. 2 -86 -1. Approved. *88 -492 From Public Works Director recommending acceptance of work by Mountain Cascade, Inc. for major storm drain system, P.W. No. 2 -88 -2. Approved. *88 -493 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for construction of Patton Way (Constitution Way), Phase II, Atlantic Avenue extension, P.W. No. 5- 86 -11. Approved. RESOLUTIONS *88 -494 Resolution No. 11528 "Awarding contract to O.C. Jones & Sons, for Bridge View Isle Bicycle Staging Area, P.W. No. 5- 87 -12, and authorizing execution thereof." Adopted. *88 -495 Resolution No. 11529 "Awarding contract to Bob Maloy & Associates for removal of existing and supply of new library book stacks, P.W. No. 5 -88 -9, and authorizing execution thereof." Adopted. *88 -496 Resolution No. 11530 "Authorizing execution of Grant Agreement with the County of Alameda for minor home repair services for fiscal year 1988 -89." Adopted. *88 -497 Resolution No. 11531 "Authorizing execution of Grant Agreement with the Alameda Emergency Food Bank, Inc. for costs of insurance and utilities for fiscal year 1988 -89." Adopted. *88 -498 Resolution No. 11532 "Adopting a clarification to the revised Alameda County Solid Waste Management Plan." Adopted. August 2, 1988 222 *88 -499 Resolution No. 11533 "Awarding contract to Weststar Distributing, Inc. for Greensmaster Mower for the Golf Course and authorizing execution thereof." Adopted. FINAL PASSAGE OF ORDINANCES *88 -500 Ordinance No. 23971 N.S. "Amending the Alameda Municipal Code by amending Title XVIII, Chapter 3, Section 18 -311 thereof relating to defacement of public buildings and other property." Adopted. [A No vote was cast by Councilmember Thomas.] BILLS *88 -501 A List of Claims, certified by the City Manager to be correct was approved in the amount of $1,276,680.72. * * * * * * * * ** RETURN TO REGULAR AGENDA 88 -502 Resolution No. 11534 "Appointing Robert D. Nichol as a member of the Historical Advisory Commission." Adopted. Council, by unanimous consent, adopted the Resolution. 88 -503 Resolution No. 11535 "Appointing Robert C. Bitten as a member of the Public Utilities Board." Adopted. Councilmember Monsef made a motion to adopt the resolution. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. WRITTEN COMMUNICATIONS 88 -504 From Ray M. Jordan, Owner /Operator, The Twilight Zone, 2317 Central Avenue, Alameda, requesting Section 12 -323 of the Alameda Municipal Code be deleted to allow after -hours dancing. Mr. Jordan expressed appreciation for those who have helped with the Twilight Zone, stated alcohol is not allowed in the club; people are checked when they enter; requested a special Variance for the club to allow extended hours for dancing; stated he is providing an alcohol -free and drug -free club for young people; and if he cannot control the people of the Twilight Zone, he will shut it down. Councilmember Monsef commended Mr. Jordan for what he has done, and stated his concern, if the club is allowed to stay open, is that it may draw people from neighboring cities to Alameda when their clubs close for the night. Bill Kane, 2615 Bayview Drive, stated he is very impressed with the operation, there should be a review of Police records and consideration of that. August 2, 1988 223 President Corica stated Mr. Jordan has honored his commitments; the Twilight Zone is doing well, and it should be left alone. Councilmember Thomas stated Mr. Jordan's suggestion that [a Variance] only be allowed for places that do not serve alcohol is a good point, and she does not see any harm in extending the hours for dancing, and she would like to look at it carefully. Councilmember Haugner stated she would like the matter brought back to Council; and perhaps consider a trial period. President Corica stated he supports the Police Department report [that after -hours type clubs typically draw large numbers of people and result in increased traffic, noise, and disturbances to the area; and cancellation of the ordinance would allow and encourage other after -hour dance clubs to operate within the City]. Councilmember Haugner stated the Twilight Zone provides something for young people in a City where there is very little, and made a motion that more information be provided to Council at the next Council meeting with input from the City Attorney and, if necessary, the Planning Department, regarding possible ways to handle the Twilight Zone, which does not serve liquor, to maintain public dancing after 1:30 a.m. Councilmember Thomas stated she would second the motion provided it is brought back in four weeks instead of two, due to the absence of the City Attorney. Councilmember Haugner agreed. The motion was carried by the following voice vote: Ayes: Councilmember Camicia, Haugner, and Thomas - 3. Noes: Councilmember Monsef and President Corica - 2. Absent: None. 88 -505 From John Scott Graham, 1728 Tregloan Court, suggesting the nuclear missiles- medicine - fuel - research question be placed on the next election ballot. Helen Dodt, 1723 Chapin Street, stated she would like to see Council addressing local problems, i.e., housing, jobs and fairness and equality throughout the community, before addressing federal problems; would like Alameda to accept what the Navy sends, but not request more; and it would be a good idea to put on the ballot whether there should be a nuclear free zone in Alameda. President Corica Air Station, and largest employer Council's charge of Alameda. Councilmember and directed "Establishing reference. Councilmember stated he has always been supportive of the Naval the Defense System; the Naval Air Station is the in the area, and the largest minority employer; is to do what reflects the majority of the people Haugner made a motion to accept the communication, the City of Hayward's Ordinance No. 87 -024, C.S., Nuclear Free Hayward," be placed on file for future Camicia seconded the motion and it was carried by August 2, 1988 224 unanimous voice vote - 5. HEARINGS 88 -506 Consideration of rezoning, R -88 -3, a 34.5' by 87.5' lot, on which a single - family house is located, from C -2, Central Business District, to R -4, Neighborhood Residential District at 1510 Everett Street. Applicant: Edward and Celestine Brennan. President Corica explained the procedure of the hearing. The Assistant Planning Director explained the background of the matter. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. The public portion of the hearing was closed. Councilmember Camicia made a motion to take the related ordinance out of order. Councilmember Haugner seconded the motion it was carried by unanimous voice vote - 5. 88 -507 Ordinance No. , N.S. "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, N.S.; Applicant: Edward and Celestine Brennan; R -88 -3; that property located at 1510 Everett Street." Introduced. By consensus of Council, the introduction of the ordinance was unanimously approved. 88 -508 Consideration of Sewer Service Fee Amendments. President Corica explained the procedure of the hearing. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. The public portion of the hearing was closed. The Public Works Director explained the background of the matter and suggested possible funding alternatives. President Corica stated one of the reasons the matter is before Council is because there have been some complaints from Alameda citizens who are owners of apartment buildings with multiple meters, who believe they are being charged more than other apartments with one meter; the Public Works Director has been responding to those concerns; and Council is also. August 2, 1988 225 Councilmember Camicia made a motion to take the related ordinance out of order. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 88 -509 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Article 2, Chapter 3 of Title VI, Sewer Service Charge Ordinance of the City of Alameda." Introduced. Councilmember Camicia moved introduction of the ordinance; Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 88 -510 Vacation of a Sanitary Sewer Easement located at the northeast corner of Park Street and Otis Drive. President Corica explained the procedure of the hearing. The Public Works Director explained the background of the matter. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. The public portion of the hearing was closed. Councilmember Camicia made a motion to take the related resolution out of order. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 88 -511 Resolution No. 11536 "Ordering vacation of a Sanitary Sewer Easement located at the northeast corner of Park Street and Otis Drive." Adopted. Councilmember Haugner moved adoption of the resolution. Councilmember Monsef seconded the motion and it was carried unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 88 -512 From Public Works Director submitting a status report on parking needs for business district(s). On request of President Corica, the Public Works Director discussed the $10,000 funding of the project and various aspects of the parking study. In response to Councilmember Thomas' question regarding the scope of the parking analysis, the Public Works Director responded the parking analysis would be City -wide, residential and commercial, and the City is being assisted by the Chamber of Commerce. Councilmember Monsef inquired about the status of the parking survey the Chamber of Commerce is doing. Anne Hulen, Chamber of Commerce, 2314 Central Avenue, stated the August 2, 1988 226 Chamber survey has begun and is to the commercial parking, explained their approach to the ongoing, and their survey is geared community -wide; and she further survey. President Corica stated if the survey is City -wide, $10,000 does not appear to be a great deal of money. The Public Works Director stated the survey will be very detailed and helpful in the future. Councilmember Monsef agreed the information is necessary and moved to accept the recommendation (to direct staff to continue to pursue the comprehensive parking -needs study efforts, including the various funding options]. Councilmember Haugner seconded the motion. Councilmember Thomas stated her concern is that this will be done also in the context of the General Plan, and inquired if there is some way to keep from duplicating effort. The Public Works Director replied this study is information the consultants would rely upon as the bid proposals do not include this study, and if a consultant were to do it, it would cost $50- 60,000. The motion was carried by unanimous voice vote - 5. RESOLUTIONS 88 -513 Resolution No. 11537 "Establishing Drug Free Zones within 1,000 feet of Alameda public schools." ( Councilmember Camicia) Adopted. Wayne Pearce, 1136 Fontana Drive, stated there is a breakdown of the system with a lack of penalties; suggested lobbying Sacramento to try to get the Counties working together, shut off the conduits from Mendocino County and Oregon; Oakland must be cleaned up; the marijuana abatement is quite successful; and there are known dealers in Alameda. John Scott Graham, 1728 Tregloan Court, stated cigarettes and alcohol are being claimed as drugs, so there must be some distinction made. Don Roberts, 880 Portola Avenue, stated he supports the resolution, believes it is symbolic, and lack of jobs started the drug problem. President Corica stated he supports the resolution as it will send a message that Alameda is not the place to come with drugs. Councilmember Haugner stated if people can reach a certain age without taking drugs, they may never use them; agreed with the Mayor that the resolution sends a signal to the U.S. Attorney's office in San Francisco and others; the school district will be . paying a share for the signs; and she would like private schools to consider same. August 2, 1988 227 Councilmember Monsef suggested going further and declaring the whole City is to be drug free. Councilmember Camicia stated his idea was not the symbolism to drug dealers but sending a message to the students. President Corica suggested this be tried now and develop the drug -free area further. Councilmember Camicia moved the resolution Councilmember Haugner seconded the motion. later perhaps be adopted. Councilmember Thomas stated she would like to see this extended to private schools and then perhaps to drug -free Alameda, but reality is needed and if children see signs and learn to disregard them, that will send a signal that it is not being enforced; is concerned about what kind of signs are going up; and signs should be located near the school and on school property. Councilmember Camicia stated the cost is a problem but perhaps Council could look at how to fund for private schools that might also want to participate. President Corica stated he would like a letter to be sent from the Council to the private schools, informing them the public schools are establishing drug -free zones, and they will probably want to participate and pay the same proportionate share as the public schools. Councilmember Camicia stated he would accept that as an amendment. Councilmember Haugner stated she would withdraw her earlier second. Councilmember Thomas stated she would like to see child -care facilities included. The Interim City Manager noted the cost would be approximately $1,000 for four signs. President Corica suggested the resolution be adopted and the private schools asked if they would care to, and can afford to, contribute a share of the money; and possibly they could find someone who could do it for less than $250 per sign. Councilmember Camicia stated the Alameda County Board of Supervisors is going to put a ballot initiative on that is going to assess every parcel in the County $10 to fight drugs; there are a range of things that can be done here, in the County, and in Sacramento; and hopes Council will do more. President Corica noted people can call TEL -ACOP and report, and remain anonymous if they are aware of drug dealings. Councilmember Haugner moved adoption of the resolution. Councilmember Camicia seconded, and stated he was incorporating the Mayor's amendment. The motion was carried by unanimous voice vote - 5. August 2, 1988 228 Subsequently, President Corica noted his earlier comments did not constitute an amendment. Councilmember Camicia acknowledged President Corica's notation. 88 -514 Resolution No. "Authorizing execution of an agreement with Blayney -Dyett for planning services for revision of the City of Alameda General Plan." (Continued from July 19, 1988 Council Meeting.) Continued to August 16, 1988. The Assistant Planning Director gave the background of the matter, noting the review panel made a unanimous choice for Blayney- Dyett, believing Blayney -Dyett was far above the others. Councilmember Monsef stated he believed the EIP proposal was better presented, e.g., the way the cost breakdown was made; and would like greater detail on why one was selected over the other one. The Assistant Planning Director stated, while EIP was second in preference, it has very little experience in general plans and major elements of general plans; EIP is working on two general plans (for Antioch and Santa Barbara), the only two the firm has ever been involved with; the other three firms have 24 to 50 general plans with which they have had experience. Councilmember Monsef stated EIP has more experience with the City of Alameda, to which the Assistant Planning Director responded they have done environmental assessment reports for the City. Councilmember Monsef inquired about assessment from Antioch and Santa Barbara, to which the Assistant Planning Director replied Antioch, whose work has been in progress for a year, had positive and negative comments; and Santa Barbara could not give comments because the work has only started. President Corica inquired who was on the panel, to which the Assistant Planning Director replied they were current and past president of the Planning Board (Robert Wood and Jessica Persoff), the City Engineer, the Community Development Director, and the Assistant Planning Director. Councilmember Thomas stated she is impressed by EIP because of more public participation, and is concerned Blayney -Dyett is using consultants who have worked with developers who have done major construction for the City. The Assistant Planning Director stated the panel discussed working with Blayney -Dyett to expand the public participation aspect, their contract shows the modified scope of work and spells out, in addition to what they proposed in the original submittal, issuing newsletters, and other mechanisms for soliciting public input and educating the public; the panel has not found that the subcontractors have done any major development work in the City, and Mr. Gillfillan was hired by the City for airport consultation. President Corica noted EIP will have 8 public hearings or workshops; Blayney -Dyett will have 10 -14 studies and sessions; August 4, 1988 229 EIP has prepared general plans for 2 communities, while Blayney -Dyett has prepared general plans for over 25 cities and counties, and that experience must have some value. Councilmember Haugner commented that EIP's two general plans have not yet been completed; the makeup of the panel is professional; and moved adoption of the resolution that Council employ Blayney -Dyett for the General Plan revision. The motion failed for lack of a second. Councilmember Monsef stated he is still very much impressed with EIP's proposal and would like a little more input from the two cities with which EIP is working. The Assistant Planning Director replied that the City of Antioch has not been overly positive, and the City of Santa Barbara has not commented because it believes it is not far enough into the process; the panel's concern is that the firm has no recognized track record in doing the job on time, on a budget, and along the scope of work proposed. President Corica requested a list of the cities Blayney -Dyett has worked with, to which the Assistant Planning Director stated she will present one; that they are included in the proposal. Councilmember Monsef asked how strong EIP was in second place, in the panel's opinion, to which the Assistant Planning Director replied the vote had been 3 -2. Councilmember Thomas stated, if there will be further information, she would like to know, concerning both firms, what kind of add -ons the firms had requested, and whether they meet their bid price or have asked for more funds. President Corica noted the matter will be on the next agenda. INTRODUCTION OF ORDINANCES 88 -515 Ordinance No. N.S. "Amending Title XVII of the Alameda Municipal Code to establish a two -way stop installation on Everett Street at Blanding Avenue." Introduced. Councilmember Camicia moved introduction of the ordinance. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. UNFINISHED BUSINESS 88 -516 President Corica stated he is interested in serving on the Alameda County Transportation Plan Commission. Councilmember Monsef so moved. Councilmember Camicia stated he would second with the stipulation that the Council be informed regularly regarding what is happening. Hearing no reply, Councilmember Camicia stated he would vote no. The motion was carried by the following voice vote: Ayes, Councilmembers Haugner, August 2, 1988 2 0 Monsef, Thomas, and President Corica - 4. Noes: Councilmember Camicia - 1. Absent: None. 88 -517 Councilmember Haugner stated she would like the Council Chamber used for the Child Care Alliance meetings. President Corica noted present policy governed the use of the Council Chamber, but if Council wishes to change the policy, it may. Following Council and staff discussion, Councilmember Haugner requested a written statement on the policy for the use of the Council Chamber. President Corica agreed it would be a good idea for the Council Chamber -use policy to be provided Council. NEW BUSINESS 88 -518 Councilmember Thomas stated she has had complaints from residents regarding towing charges, and requested a draft ordinance which limits private towing contractors' charges. 88 -519 Vice -Mayor Thomas requested staff to investigate the feasibility of the establishment of a Port Authority. 88 -520 President Corica stated arrangements for a City Attorney backup at Council Meetings should be made in the future when the City Attorney is on vacation. 88 -521 Councilmember Camicia directed staff to acquire information on the City of Fremont Child Care Tax proposal, and would like it agendized. ORAL COMMUNICATIONS, GENERAL 88 -522 Don Roberts, 880 Portola, discussed water usage statistics, East Bay reservoirs, and East Bay Municipal Utility District's ( EBMUD) performance and plans. 88 -523 Fred Scullin, 1120 Chestnut Street, commented on EBMUD and the lack of Times Star coverage when a merger was being considered. ADJOURNMENT The meeting was adjourned at 9:45 p.m. Respectfully subm' t , 6! DINE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. August 2, 1988