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1987-09-01 Regular CC Minutes246 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD - - - - - - - - TUESDAY SEPTEMBER 1, 1987 The meeting convened at 7:40 p.m. (at the conclusion of the Housing Authority Commission) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Thomas. Reverend John Foley gave the invocation. ROLL CALL- Present: Councilmembers Camicia, Haugner, Monsef, Thomas and President Corica. Absent: None. MINUTES Councilmember Haugner requested Mr. Scullin's remarks regarding Councilmember Camicia be added to the reported remark regarding Council under Oral Communications. Councilmember Monsef made a motion to approve the minutes with requested change of the Regular Council Meeting of August 18, 1987 and the Special Council Meeting of August 24, 1987. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 87 -627 President Corica read a Proclamation in memory of Sue Matheson, Founder and Executive Director of Xanthos, Inc.; presented the proclamation to her three daughters who were present, and proclaimed September 19, 1987 to be Sue Matheson Day in Alameda. CONSENT CALENDAR Councilmember Monsef made a motion to adopt the Consent Calendar, Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. RESOLUTIONS *87 -628 Resolution No. 11283 "Awarding contract to Gallagher & Burk, Inc. for Island Drive East Side Improvements - Street Reconstruction, No. P.W. 4 -87 -8, and authorizing execution thereof." Adopted. *87 -629 Resolution No. 11284 "Rejecting single bid for the construction of new rest rooms at Lincoln Park." Adopted. *87 -630 Resolution No. 11285 "Adopting plans and specifications and calling for bids for the resurfacing of the Krusi Park and Longfellow Park Tennis Courts, No. P.W. 8- 87 -21, and directing City Clerk to advertise same." Adopted. 247 *87-631 Resolution No. 11286 "Authorizing execution of agreement between the City of Alameda and Peter N. Delanoy, Bettye J. Delanoy and Donald W. Lindsey in connection with lease agreement at 2305 Central Avenue." Adopted. BILLS *87-632 A List of Claims, certified by the City Manager as correct, were approved in the amount of $3,241,634.06. WRITTEN COMMUNICATIONS 87-633 From Don Roberts, 880 Portola Avenue, regarding proposed landscaping of the Portola Triangle. Mr. Roberts requested Council authorize installation of an irrigation system and an appropriate form of landscaping instead of the proposed hydroseeding. President Corica stated he believes Junipers could be planted which require little maintenance, but do require water, and neighbors' offers of assistance, and suggestions that the Navy help, should be considered. Councilmember Haugner stated she believes it should be made a beautiful area. Councilmember Thomas agreed and stated she does not believe $20,000 is too much for that area. Councilmember Monsef inquired what would be the annual cost of maintenance, and whether or not staff had talked with neighbors about helping with maintenance. The Recreation and Parks Director replied it would cost approximately $6,000 per year, and there have been some discussions with neighbors, but nothing firm. Councilmember Thomas requested exploration of the possibility of getting help supplied by the Navy. Councilmember Camicia suggested that since not enough is budgeted this year, perhaps the City could sponsor a design competition to colleges and schools, and work it into next year's budget. President Corica stated it is a good suggestion to be considered with other ideas, i.e., a Japanese garden. Flora Alien, 672 Westline Drive, agreed with Mr. Roberts; stated that, with a little help from Council and the neighbors, something good can be done, but water from the City is necessary. Ernest Chase, 833 Portola Avenue, requested irrigation system be put in first so that whatever is planted will not quickly die; Sharon LaCroix--Snider, 1310 8th Street, stated her primary concern is to see that the area remains open space; believes it should be covered with shrubs or native flowers; would not like to see the matter put off for another year. Glenn Plymate, 620 Westline Drive, stated Mrs. Allen's flower garden is very beautiful; that trash from take -out food often are thrown in the area, and perhaps there should be a tax on fast -food places which can be used for clean -up. President Corica read the note of Rachel Garza, 547 Lincoln Avenue, who did not wish to speak but suggested that East Bay Municipal Utility District (EBMUD) could be consulted recommending plants and flowers that would need little watering. Councilmember Haugner stated she believed Councilmember Camicia's idea for a contest was good but might be very late, if something starts immediately, perhaps something could be in place by July. President Corica stated the first step is irrigation with, perhaps, manpower from the military. Councilmember Thomas agreed with the need to go ahead on design and irrigation, and commented the design and plantings must be determined before irrigation could be put in. Councilmember Haugner requested a staff report be made by the first October meeting and made a motion to direct staff to bring suggestions and direction for maintenance of flora and irrigation in the Portola Triangle. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87 -634 From Dale L. McCleskey, P.O. Box 324, Big Bend, CA 96011, opposing destruction of timber lands for the California /Oregon Transmission Project (COTP). Councilmember Monsef noted that Maerose Humphreys, Bureau of Electricity, has submitted a good report on the project, and moved to accept the communication. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87 -635 From Edward J. Murphy, 2618 Janis Circle, regarding proposed zoning text amendment ZA -87 -4. President Corica noted that the communication related to the hearing (87 -639) and could be considered at that time. Councilmember Camicia made a motion to accept the communication and consider the matter at the time of the hearing. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87 -636 From Fred Scullin, 1120 Chestnut Street, regarding proposed zoning text amendment ZA -87 -4. 9 President Corica noted that the communication related to the hearing (87 -639) and could be considered at that time. Councilmember Camicia made a motion to accept the communication and consider the matter at the time of the hearing. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87 -637 From Jacinto Zamora, 2392 E. 7th Street, Oakland, and Jay de los Reyes, 16 Hampton Court, requesting exemption for 700 Central Avenue from downzoning proposal. President Corica noted that the communication related to the hearing (87 -639) and could be considered at that time. Councilmember Camicia made a motion to accept the communication and consider the matter at the time of the hearing. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87 -638 From Wayne T. Pearce, 1136 Fontana Drive, expressing concerns regarding nighttime flying. Mr. Pearce stated he believes it wrong to penalize student pilots to require taxiing to Runway 29, and noted there is a danger associated with it because of the wake turbulence from large aircraft that can cause a small aircraft to flip over. President Corica announced that the Council is scheduling a joint meeting with the Port of Oakland for September 2nd and they will be discussing the matter at that time. Tom Belick, 1900 Harvard Drive, stated with regard to the related resolution (87 -645) he would like to see it revised, that Runways 9L, 9R, and 29 remain preferred runways and R33 be used only if R29 is up to capacity or if there is a significant safety concern, and a suitable radial i.e. 360 degree radial, and if efforts are made to educate pilots; stated helicopters are very noisy and could fly out over the freeway; and believes resolution should ban blimps. JoAnn Eichten, 3025 Thompson Drive, Concerned East Alamedans for a Safe /Quiet Environment, (CEASE) agreed with Mr. Belick and noted the problem is not just nighttime but is constant during the day and a real problem for retired residents; that if it is necessary to sue the airport, CEASE is prepared to do that. James Hackbarth, 3345 Washington Court, stated the Port's position appears to be denial of authority and responsibility; stated Federal Aviation Authority (FAA) considers their concern is safety not noise; residents fear for their safety, especially with recent accidents and will pursue the matter; there is nationwide concern with new organizations like CEASE beginning all over the country; read a list of attempts made to correct the situation, and stated if problems cannot be solved by the end of the year, CEASE will attempt to close North Field. 250 Bill Kane, 2615 Bayview, agreed with Mr. Pearce, suggested R15 be added as departure runway, stated R29 is not a good alternative for instrument flights for small aircraft; that he flew a 350 radial which left him well off - shore; that Hayward airport run -up area has a 4' x 5' sign giving directions, and Oakland should have one. Ron Lappa, 1011 Tahiti Lane, stated departures off 27R should be specified in the resolution as prohibited during evening hours, and stated FAA could get involved in the safety factor regarding altitude. Gerhard Degemann, 19 Sandpiper Place, stated if this is taken up at a meeting in the future, that a map of the runways be distributed so that people can understand what is being discussed. Councilmember Camicia made a motion to accept the communication, Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 87 -639 Consideration of proposed Negative Declaration and amendment to the Municipal Code, amending various sections of Chapter 1, Title XI (Zoning) relating to regulations for the R -2 through R -6 Zones, and non- conforming uses. (Continued from the August 18, 1987 Council meeting) President Corica explained the hearing procedure. The Planning Director explained the background of the matter to change the density standards in order to bring it into conformance with the City's General Plan. President Corica reopened the public portion of the hearing continued from August 18, 1987. On the call for proponents, there were none. On the call for opponents, the following spoke: Jay de los Reyes, 16 Hampton Court Councilmember Thomas inquired how close Mr. De Los Reyes (See 87 -637) is to taking out his building permit, to which Will Harrison, consultant to applicant, responded that it is expected to be within 90 to 100 days. Richard Roth, 1417 - 5th Street John Mitcheom, 759 Central Avenue Marla Zamora, 1731 Chestnut Street, #13 Clayton Guyton, 457 Buena Vista, Apt. 305, (presented a letter to Council) Fred Scullin, 1120 Chestnut Street John Barni, Sr., 1380 East Shore Drive 2 The public portion of the hearing was closed. Councilmember Thomas noted that it would not be necessary to reduce square footage to conform to Measure A, and she would not like to penalize people who have been planning their buildings. Councilmember Haugner agreed with Councilmember Thomas that citizens should not be penalized. Following Council discussion regarding conformance to Measure A, the General Plan and other details, Councilmember Haugner made a motion to adopt the Negative Declaration. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Haugner made a motion to introduce the ordinance except that the area of limitations for R -3, 4, 5, and 6, will remain the same as in the present ordinance. Councilmember Thomas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Haugner, Monsef, Thomas and President Corica - 4. Noes: Councilmember Camicia - 1. Absent: None. REPORTS AND RECOMMENDATIONS 87 -640 From Assistant City Manager transmitting information relative to the Strategic Homeporting Plan for the San Francisco Bay Area. Councilmember Camicia stated tonight's debate is not on national security or foreign policy but its affects on health and well -being of the residents; and inquired how impact would affect Alameda housing, health and safety, transportation, schools, police and fire. The Assistant City Manager replied regarding transportation routes, and on- loading and off - loading of munitions, that it is addressed in the packet and there are a number of Fire Department reports, one of which is a report on the seven -year program to deal with the NAS contamination, which is expected to be characterized by March of 1988, at which time the Fire Department will report on how the Navy will resolve those issues; and, direct impact on Alameda housing is that only 110 units need to be absorbed by the City. Councilmember Monsef inquired if part of the units would be absorbed on the Naval facility, to which the Assistant City Manager responded that the Navy intends to build approximately 346 units but that was not a result of the homeporting; and the 110 will be private housing in Alameda. Councilmember Camicia inquired if there will be dredging, to which the Assistant City Manager responded that there is no dredging associated with the homeporting of the Missouri to be accomplished at the NAS; but there is annual maintenance and dredging. Councilmember Camicia inquired what the City of Alameda can do to participate in transportation routes of hazardous materials, and if it is necessary to petition Cal Trans. 252 The Assistant City Manager responded that he believes that action could be taken on anything that is not Highway 61. President Corica noted that Council recently changed truck routes in Alameda, and simply notified Cal Trans of action taken; Captain Krumm, from Admiral Toney's office, and Captain Campbell from NAS are present to answer questions; it was found out today the loading plan has been updated, with the Missouri to be loaded at anchorage (3 miles out), the increase in ordnances from 6,000 to 30,000 pounds has been eliminated, and the emphasis will be on barging, eliminating truck transport as much as possible; and stated the Navy is a safety- conscious employer. Councilmember Haugner commented that she had put the matter on the agenda as she wanted everyone to have an opportunity to voice their concerns. Andrew Lichterman, 1440 Broadway, Suite 420, Oakland, Litigation Director of the Western States Legal Foundation, stated they have been monitoring Naval homeporting; he would like the Navy to bring public participation into discussion of its Environmental Impact Report and Memorandum of Understanding; and noted the additional hazardous waster to be generated by the project. Rev. John Foley, 3004 Encinal Avenue, Pastor, Court Street Methodist Court, stated the Navy should be questioned about the impact that the new project would have on Alameda; there are environmental concerns about dredging; and residents need more information. President Corica responded that transportation will be reduced; that barges will be used; and that the Navy is cooperating. Rev. Foley stated he believes staff report is inadequate at this time because there may be more information. William McCall, 1108 Mound Street, stated the Navy is good for the community, is a part of economic base of Alameda, that gas stations are potential hazards but no one worries about them; and the City has had no problems with carriers already based at NAS. Barton Smith, 5 Clipper Drive, stated the Navy and City provided people tonight to answer questions: the Navy has kept the City well - informed; strategic homeporting plan has been published for years; the Navy is a good part of community; and there is no need for concern as City staff are well able to deal with any problems. Helen Dodt, 1723 Chapin Street, Alameda Peace Education Network, stated she is opposed to the use of nuclear weapons, and that she is not comfortable with homeporting the Missouri in Alameda. John Mitcheom, 759 Central Avenue, stated he does not believe the Navy would bring armed missiles down the streets; we need a strong military; and believes Council will make the right decision. Sal Monaco, 2450 Otis Drive, stated he is in favor of homeporting U.S.S. Missouri, not based on money factors or money to be spent; that munitions are routinely transported by trained experts. John Scott Graham, 1728 Tregloan, stated he works in shipyards, and prefers working on Navy ships for safety reasons; and people should put petty differences aside and give the Missouri a home. George Gadsby, 3437 Solomon Lane, stated that one of permanent documents of Freedom Shrine is the signing of Japan's surrender aboard the USS Missouri; there are rumors that the Missouri is nuclear powered but it is not; the Navy has been here for 45 years with no major accident or disaster to Alamedans; and urged Council support homeporting. Rachel Garza, 547 Lincoln Avenue, expressed support of military but is against nuclear weapons; she is against nuclear weapons in Alameda and suggested maybe the military could build a ramp from the freeway over the area for transport. President Corica stated that arms have been going through Alameda for 47 years, and thanked Ms. Garza for speaking. Agnes Woolsey, 1523 Milvia Street, Berkeley, stated she is concerned about possible contamination of NAS building 360 as published in Tribune article and the possibility of it reaching the College of Alameda; metals and the ground water under the site is polluted; that there is a problem of pollution of the water. President Corica stated the Navy is working on the site problems. Councilmember Thomas stated her husband works underneath Building 360, the silver cyanide has been removed, a 20 foot cement enclosure has been constructed in which the plating is now done, and is a safe area; and she is investigating other problem sites. Fred Scullin, 1120 Chestnut Street, stated that the question is one of safety of Alameda citizens; the threat of terrorism is growing; suggests only Alameda residents be on the committee for disaster planning; and the City should prepare for any possible disaster. Douglas Linney, 320 Grand Street, #306, stated NAS is working on its problem of toxic waste materials but believes the important question is whether or not there will be an increase and if so, how it will be handled. Richard Young, 1119 Holly Street, stated Police records reflect that Naval personnel are not usually the creators of crime but the victims; Navy housing is not solved but neither is civilian housing; there are nuclear fears, but the nuclear age cannot be turned back, there are more deaths from auto collisions, murder, etc. than nuclear accidents; the presence of the Missouri will not increase danger of attack, the Fire Department is more concerned about gasoline tanker truck fire than transport of explosives which are not armed with fuses until moments before their use; and that we enjoy the rights and privileges of this 254 country and should do what is best for the nation. Councilmember Camicia stated he does not believe there is enough information, stated a 1982 report noted the NAS was No. 1 violator in terms of toxic hazardous material disposal, and account for half of spill problems in the Bay; that Navy's EIR notes increase of hazardous waste generated annually from this project; and suggested a City task force to meet with the Navy periodically to establish routes and times for transport, no additional Navy housing be built until NAS has been fully cleaned up, expand impact study to include Encinal High School, take a stand on dredging, and ensure that the bulk of ordnance be loaded at Anchorage 12. Councilmember Thomas stated she is informed the cans area was cleaned up years ago; preferential routes were established by California Highway Patrol years ago, agrees shipments should be made when there is minimal traffic, and not only for Navy as there are no fuses on the munitions, but greater danger is with liquid petroleum transports which on impact can explode and destroy 4-5 mile area; when Pier 35 is constructed, there may be reduction of current ships loaded in Alameda; believes City should push to ensure primary loading by barge; believes apprehension is based on lack of knowledge and misinformation, and staff can and should follow up but task force is not necessary. Councilmember Haugner stated she is glad for the number of speakers which seem evenly divided between for and against; a lot of environmental concerns may not have been addressed, perhaps the issue of the Missouri is a good thing; everyone has the best interest of the City and Country at heart, realizes the Navy has a problem as it cannot confirm or deny, although she understands it, it is not her problem and she wants to know as much as she can. President Corica stated he thinks the Navy has been an excellent neighbor, part of City family, they are looking out for the City as well as possible, the first people touched by any accidents would be the Navy itself, has no problem with staff meeting periodically with the Navy and staff experts coming back with reports, but not a task force. Councilmember Camicia stated there is a lot of information to be brought out and citizen group should be brought together to talk to the Navy. President Corica stated he agrees there should be information and believes staff experts should be the ones to talk to the Navy. Councilmember Monsef stated he has had no problem, in his four years on Council, talking to the Navy, they answer his questions, he doesn't have any problem directly communicating and doesn't think other Councilmembers will have a problem either. Councilmember Haugner stated she does have a problem. Councilmember Monsef reiterated that he does not have a problem, heard nothing tonight to change his position regarding homeporting; 255 spoke his views at last meeting; does not believe safety of Alamedans is jeopardized; it was healthy that citizens had an opportunity to listen to each other; and moved that Council reaffirm its position on homeporting of the Missouri in the Bay Area. Councilmember Thomas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Thomas and Monsef and President Corica - 3. Noes: Councilmembers Camicia and Haugner - 2. Absent: None. Councilmember Thomas made a motion to accept the report. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87 -641 From Public Works Director regarding Carnegie Library Building Seismic Study. Gertrude Woods, 1247 Sherman Street, President, Board of Trustees of the Alameda Free Library, commented that she approves of seismic report, but is reticent of further expenditure of capitol funds on the recommended work that is not seismic. Councilmember Haugner moved seismic study be accepted and inquired what alternative Mrs. Woods recommends; to which Mrs. Woods replied she recommends the first four items on the seismic study be done, bookcases reinforced, then later apply money for plans and specifications as plans become outdated; she is concerned a new library building might be jeopardized if too much money is put into the current library; that she voted in the minority as the Board voted in favor of this as they believed they might otherwise be legally liable. Councilmember Monsef inquired if the City is liable, knowing the library is seismically unsafe, if nothing is done about it. The City Attorney stated it is difficult to apply normal standards to an earthquake in terms of liability; old public buildings serve a purpose; that it is very problematical. The Public Works Director noted the first four items referred to are the most important, are non - structural and the staff can handle them; that funds are budgeted for the electrical work; noted that plans will not become outdated because the building is static, plans to reinforce would not change unless there is a significant change of use, and concurs that it would be difficult for the building to be occupied while the work is going on. Councilmember Camicia inquired when the electrical update is to begin to which the Public Works Director replied sometime within the next six months. Councilmember Haugner made a motion to accept the report and recommendation. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 26 RESOLUTIONS 87-642 Resolution No. 11287 "Reappointing Robert Kreitz as a member of the Cable Television Oversight Committee." Adopted. Councilmember Monsef made a motion to adopt the resolution. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-643 Resolution No. 11288 "Reappointing Gordon F. member of the Cable Television Oversight Committee." Waidear as a Adopted. Councilmember Monsef made a motion to adopt the Councilmember Haugner seconded the motion and it was unanimous voice vote - 5. resolution. carried by 87-644 Resolution No. 11289 "Urging the California Legislature to support Senate Bill 181 (Library Construction and Renovation Bond Act of 1988.)" Adopted. Councilmember Thomas made a motion to adopt the resolution. Councilmember Monsef seconded the motion and the notion was carried by the following voice vote: Ayes: Councilmembers Camicia, Monsef, Thomas and President Corica - 4. Noes: Councilmember Haugner - 1. Absent: None. Councilmember Haugner stated she does not want to be locked into a two-level facility with 31,000 square feet in the event there is not enough money and does not want to be locked into the estimated funds stated in the resolution. Councilmember Thomas noted those could always be changed at a later date. 87-645 Resolution No. "Proposing Noise Abatement Procedures at Oakland International Airport." Held over for future consideration. INTRODUCTION OF ORDINANCES 87-646 Ordinance No. N.S. "Amending various sections of Chapter 1, Title XI of the Alameda Municipal Code, relating to regulations for the R-2 through R-6 Zones, and non-conforming uses." Introduced. Councilmember Haugner made a motion for introduction of the ordinance. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 87-647 Ordinance No. 2362 "Amending the Alameda Municipal Code by amending Article 4B of Chapter 1, Title XI and Section 12-222 thereof relating to sign regulations." Adopted. Councilmember Haugner made a motion for adoption of the ordinance. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. NEW BUSINESS 87-648 Consideration of an appointment to the Golf Commission and two appointments to the Recreation Commission. President Corica nominated Paul Aragon for reappointment to the Golf Commission. Councilmember Thomas seconded the motion and it was carried by consensus of Council. President Corica nominated Donald Sherratt for reappointment to the Recreation Commission. Councilmember Monsef seconded the motion and it was carried by consensus of Council. President Corica nominated Toby Chavez for appointment to the Recreation Commission. Councilmember Corica seconded the motion and it was carried by consensus of Council. ADJOURNMENT President Corica adjourned the meeting in memory of Sue Matheson at 11:45 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.