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1986-12-16 Regular CC Minutes291 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA DECEMBER 16, 1986 The meeting convened at 7:30 p.m. (at the conclusion of a Closed Session to discuss labor negotiations and the Community Improvement Commission meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Richard Stinson gave the invocation. ROLL CALL - Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. MINUTES Councilmember Lucas made a motion for approval of the minutes of the Regular Council Meeting of December 2, 1986. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 86-713a Presentation of an American Association of State and Local History Certificate of Commendation to Mr. George Gunn for his contributions to understanding Alameda's history. David Plummer, Historical Advisory Commission, stated that the Association is a national professional society; reviewed Mr. Gunn's qualifications, research efforts and ability, and achievements; and noted that out of 140 applicants across the United States, only seventy earned the commendation. President Diament read a Proclamation declaring December 16, 1986, as George Gunn Day, thanked him for his outstanding service to the City of Alameda, and presented him with a plaque. CONSENT CALENDAR Councilmember Corica moved for adoption of the Consent Calendar, stating that he would be voting no on Item 1-J regarding the approval of the Final Map of Subdivision Tract 4495 (see *86-723) Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. 292 REPORTS AND RECOMMENDATIONS *86-714 From Chairman of the Historical Advisory Commission regarding Bay Station Heritage Area Proposal. Accepted. *86-715 From Public Works Director recommending acceptance of work by Duran & Venable, Inc. for construction of Spruce Street east of Third Street, P.W. No. 7-85-20. Accepted. *86-716 From Finance Director on City's Investment Portfolio as of November 30, 1986. Accepted. *86-717 From Recreation and Parks Director recommending the acceptance of work by Martin Construction Company for the renovation of Alameda and Encinal Swim Centers. Accepted. *86-718 work by Street, 3-86-4. From Public Works Director recommending the acceptance of Ambo Concrete for the construction of crosswalks at Park from Central Avenue to Santa Clara Avenue, P.W. No. Accepted. RESOLUTIONS *86-719 "Confirming canvass by Registrar of Voters of Alameda County of the Special Municipal Election consolidated with the General Election of the State of California held on Tuesday, November 4, 1986." Adopted. *86-720 "Awarding contract to St. Francis Electric for construction of a traffic signal at Bridgeway Road and Island Drive and authorizing execution thereof." Adopted. *86-721 Freddie *86-722 contract "Authorizing extension of personal service agreement with Payne for engineering inspection services." Adopted. "Authorizing execution of personal service agreement with a civil engineer for a period of eighteen months." Adopted. *86-723 "Approving Final Map of Subdivision Tract 4495, located at the southeast corner of Mecartney Road and Aughinbaugh Way, and accepting certain parcels, easements and rights of way (Normandy - Doric Development, Inc., Subdivider)." Adopted. *86-724 "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision Tract 4495 and approving bonds as to sufficiency (Doric Development, Inc., Subdivider)." Adopted. *86-725 "Authorizing renewal of existing landscape maintenance contract with Cagwin & Dorward, landscape engineering contractors, with certain modifications, and authorizing execution of renewal of agreement." Adopted. 293 *86-726 "Salary-classification resolution for non full-time positions." Adopted. *86-727 "Designating the Finance Director a member of the Claims Board in connection with the City's liability self-insurance program." Adopted. *86-728 "Authorizing execution of Settlement Agreement with Western Traction Company in regard to Street Sweepers." Adopted. *86-729 "Authorizing open market purchase of public safety communications equipment for the Police Department." Adopted. *86-730 "Authorizing the issuance of Industrial Development Revenue Bonds, establishing their terms and providing for their security, and providing covenants for their protection, authorizing their sale at private sale, authorizing the execution of a Purchase Contract, Financing Agreement, Intercreditor Agreement and Trust Indenture and appointing a Trustee thereunder, authorizing approval of a form of an Official Statement and authorizing its execution, and authorizing the financing of the Project and other matters in connection therewith. (Park Street Landing Project)." Adopted. UNFINISHED BUSINESS *86-731 Letter to United Cable authorizing commencement of rebuild pursuant to Council action. Accepted. BILLS *86-732 A List of Claims, certified by the City Manager as correct, was approved in the amount of $2,006,295.25. *********** RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 86-733 From California Coalition for Safe Recreation, 505 Forest Avenue, Laguna Beach, urging the City of Alameda to join its membership. President Diament noted that the Coalition is composed of cities located on shorelines. Councilmember Hanna suggested Council direct the inquiry to the East Bay Regional Parks District since they lease the beaches from the City. Councilmember Lucas noted that the City does have beaches not subject to the control of the District. 294 Councilmember Corica made a motion that Council endorse the program but withhold the $5,000.00 support and request funding from the East Bay Regional Parks District, and if the support is not received, then the endorsement of the program will be withdrawn. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86-734 From Ward N. Ely, Principal, Edison School, regarding sidewalk vending machines and pornographic materials. Councilmember Lucas commented that the matter will be coming before Council in January as an ordinance amendment, and inquired if the 500 foot distance requirement would still allow an area in South Shore Shopping Center and any other areas for the newsracks, to which the City Attorney responded it would, e.g., industrial areas. Councilmember Hanna made a motion to accept the communication. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86-735 From Maryann and Constantino Santos, 1517 Fountain Street, requesting enforcement of legislation concerning pornography. Councilmember Lucas made a motion to accept the communication. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86-736 From Carol Layton, 2258 Santa Clara Avenue, Suite 3 encouraging the removal of pornographic material. Councilmember Lucas made a motion to accept the communication. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86-737 From Carrie Matteson, 1110 Park Street, #18, urging Council to adopt an ordinance banning the sale of pornographic materials. Roberta Evelyn Lilly, 2139 Stuart, Berkeley, representing San Franciscans Against Censorship Together, (ACT), stated they work to protect their rights to enjoy sexually explicit erotica, and their membership is interested in sexual expression, private and public. Councilmember Lucas made a motion to accept the communication. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 86-738 From JoAnn Eichten-Alioto and Robert H. Richards requesting investigation of the 125-foot satellite tower at Harbor Bay Business Park and air traffic over the east end. Robert Richards, 3011 Thompson Avenue, voiced his concerns about an increase in air traffic. 295 James Hackbarth, (address not available), commented that a low flying plane he had reported at a previous Council meeting, upon investigation, was found to have a cargo door that came off, and had to return to the airport, and therefore there is not only a noise factor but a safety factor involved in the planes in that area. JoAnn Eichten-Alioto, 3025 Thompson Avenue, stated it had been 30 days since she has written to, but has had no communication from, the FAA or the Port of Oakland, and therefore the citizens will, if nothing is done by the end of January, file small claim suits and, if that doesn't work, will take further action. Bill Kane, 12615 Bayview Drive, stated he is a small-plane pilot and instructor; that he uses runway 15 when possible which does not come over the area in question; that the microwave tower is no problem to him or to his students. Frank Skiles, 904 Chestnut Street, read a log of dates and times, (at 4:00 a.m. and thereafter), he was awakened by the aircraft. President Diament requested report on staff activity. The City Manager noted that staff is attempting to understand the problem by monitoring flights in daytime, holding discussions with noise consultant, and contacting Port of Oakland (suggesting meetings with them). He then pointed out areas on the wall map showing take-off routes, and related information. Charles Foster, Director of Aviation, Port of Oakland, stated that, following the November 18 meeting, the Port of Oakland has done a noise sampling, has prepared a letter to Mrs. Alioto which she should have received; has prepared one to Mr. Kane to serve on the committee, has discussed matters with the City Manager and the Public Works Director, and has done analysis but wants two more weeks to do another one. He added that the Noise Abatement Committee would like Alameda residents to be a part of it. Councilmember Monsef said there had been an increase in the past 6 months and asked if the Port would consider using Runway 9, to which Mr. Foster said the Committee would investigate. Council discussed the matter in detail with Mr. Foster and Ben Kennedy. Ben Kennedy, 7705 Driftwood Way, Pleasanton, Air Traffic Manager Oakland Control Tower, explained in detail, matters concerning the runway and takeoffs of small planes, noting that the microwave tower affects only a very few nighttime planes flying on instrument, and was never used in the daytime; that the green tank (P. G. & E.'s gas holder) still presents a hazard; that perhaps the elevation in that area does, but he has asked Sacramento if planes can turn further to the right; and that he has responded to an inquiry by Congressman Pete Stark. 296 Wayne Pearce, 1136 Fontana Drive, stated that someone should contact P. G. & E. to take down the green tower. Councilmember Hanna said P.G. & E. stated last year they would take it down and they should be contacted about it. Don Dowdell, president, Chamber of Commerce, noted that a further release from P.G. & E. stated that the schedule had been changed as an economy measure, and that he would find out if there is a definite date planned. Councilmember Hanna made a motion to accept the staff recommendation. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Corica commented that local representatives should contact Sacramento and see what they will do. President Diament stated that there needs to be communication with the federal government also. HEARINGS 86 -739 Consideration of Tentative Map 5693 and associated Negative Declaration, and proposed Exceptions to the Subdivision Ordinance to create a 10 -lot subdivision located at the southerly termini of Tarryton, Country and Amber Isles, north of the South Shore Beach and Tennis Club property. Applicant: Ferro Land Company, Subdivider. The Planning Director explained the matter. In response to comments regarding additional landscaping, the Planning Director stated the matter will be addressed by the project itself. (Condition 11) The public portion of the hearing was open. On the call for proponents, there were none. On the call for opponents, there were none. Barbara Thomas, -1118 Paru Street, asked clarification regarding restrictions of the lots. The Planning Director replied that the lots are to be deed - restricted to a single dwelling unit each and, the dwelling unit ordinance only applies to R -1 District because R -2 automatically allowed consideration of more than one dwelling unit on a lot. Ms. Thomas commented that perhaps the zoning should be R -1. 297 Councilmember Hanna made a motion to accept the Planning Board recommendation. Councilmember Lucas seconded the motion . Councilmember Corica stated it would enhance the area if zoned R -1. Councilmember Monsef stated he agreed. Councilmember Lucas commented that the neighbors have attended meetings and the homeowners have been in agreement with the process. Bruce Rupp, 575 Country Isle, stated that the general concerns of the homeowners have been answered; that they would like to see the lots built on because they would look better than empty lots; and that the concern had been off - street parking but that has been answered. Councilmember Hanna inquired if Council could approve the map and address zoning later. The City Attorney responded that the procedure was acceptable. Following discussion on details of the zoning, Councilmember Corica said the neighborhood would be more attractive and would have less traffic if the motion would include rezoning to R -1. The vote on Councilmember Hanna's motion to accept the Planning Board recommendation was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None Councilmember Hanna moved to request the Planning Board consider rezoning the entire area of fifty lots to R -1 rather than just the rear area under discussion. Councilmember Lucas seconded the motion. Councilmember Corica clarified the thrust is to be toward single units to which Councilmember Hanna agreed that was the purpose. The motion was carried by unanimous voice vote - 5. Councilmember Hanna made a motion to take the related resolution out of order. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 86 -740 Resolution No. 11077 "Approving Tentative Map 5693, a ten lot subdivision located at the southerly termini of Tarryton, Country and Amber Isles, north of South Shore Beach and Tennis Club property, finding said Tentative Map consistent with the City's General Plan and determining that discharge of water into the sewer system will not violate regional water quality control regulations. (Ferro Land Company, Subdivider)" Councilmember Hanna made a motion to adopt the resolution. Councilmember Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and 298 President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. REPORTS AND RECOMMENDATIONS 86 -741 From Councilmember Corica reporting on the Committee to Rename the Alameda (Tidal) Canal's recommendation to retain the existing name. Councilmember Corica explained the matter, reporting that the consensus was to leave the name alone. Jack Lubbock, 1044 Fontana Drive, stated he and Charles Ormond still believed that the area should have a name and the Committee had been charged to give one to Council; and that letters from Pete Stark and Captain Curwin should be reviewed. Charles Ormond, 1363 Crown Drive, stated he did not believe the Committee lived up to its charge to select a name, and believes the canal is entitled to a name. Councilmember Corica noted the two speakers were the ones who initiated the matter; the Committee was formed; public input was requested; they said to leave the name alone; now it is up to anyone else to do as they will; and he is simply reporting. Mr. Lubbock stated that the word estuary is incorrect in this application and that there were some names offered. Councilmember Hanna stated he always believed a beautiful name should be given the canal; that the report should be accepted and hoped someone will come up with a good name. Councilmember Monsef commented that upon review of the Committee minutes, he noted that some members hardly appeared at the meetings; that the Committee should continue, perhaps with new members who would find a name; that nothing is easy to accomplish but takes time; that perhaps a new committee could be appointed by the Mayor. Councilmember Lucas suggested that Mr. Lubbock could be the head of the committee. Councilmember Corica commented that the statement of Captain Curwin was that all the maps in the world would have to be changed; that they sought public input; that he has no problem with anyone else handling the matter. Mr. Lubbock requested Council make specific and direct charge to new committee, and he was not interested in chairing the committee. President Diament requested a Council volunteer. Councilmember Lucas stated she had worked on the Flag Committee and would like to work on this one. 299 President Diament stated that Councilmembers Hanna and Monsef could help, and they agreed they would. Councilmember Corica stated he would provide the letters and other information the Committee had gathered. Councilmember Monsef suggested citizens be on the Committee. Councilmember Lucas stated the matter will be a community effort with community input. Councilmember Hanna made a motion to accept the report. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 86-742 From City Manager submitting the Annual Report of the Community Improvement Commission. The City Manager noted that the report was the one adopted earlier in the evening by the Community Improvement Commission. Councilmember Lucas made a motion to accept the report. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86-743 From City Manager regarding the development of a household hazardous waste disposal program. The City Manager explained the matter, which would involve participation in a County-wide Household Hazardous Waste Collection Program to be held in the Spring of 1987. Councilmember Monsef asked clarification on spread of cost to cities to which the City Manager responded that cost would be according to size. Councilmember Lucas made a motion to accept the recommendation and go ahead with the program. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 86-744 From City Manager concerning the reorganization of the Fire Department. The City Manager outlined the matter, noting that the Emergency Medical Program is successful, and reallocation is to see it is adequately staffed; read specific changes, including the elimination of certain positions in the department, and use of the funds previously allocated for the ambulance, for overtime. He also noted he has outlined the recommendation verbally to the Fire chief and directed a representative to meet with the Firefighters organization. Richard Quarante, 1516 Lincoln Avenue, Fire Chief, stated he was present to speak for employees' jobs; that during 30 years of his 300 service he has been proud of City's trust and care; that he had no input, was verbally informed two weeks ago of what City Manager intended and 3 days ago received the memo; and believed some officers had been intimidated. He questioned the need for reorganization, noting that the response time is up, that the Fire Department reorganized seven years ago after proposition 13, that the department was reduced three years ago, that survey of several cities saw a need for a second-in-command for the department, that no mention of change was made at budget time; and addressed each point of reorganization, stating what he believed would be the affect of such changes. Raymond Alberti, 1300 Park Street, Administrative Fire Chief stated he would have preferred a closed meeting on the issue; was part of fire negotiation team since 1979 but excluded from the process regarding reorganization for which he believes there is no need; and noted successful health and fire safety projects initiated, developed and implemented under current staff. Marvin Helms, 1917 Sandcreek Way, Captain, Fire Prevention Bureau, stated he had many concerns regarding the restructuring of the Fire Department, believing there would be an adverse effect due to the positions being eliminated. Michael D'Orazi, President, Alameda Firefighters Association, stated that the Association does not endorse the proposed reorganization plans; that the plan was viewed as a management prerogative and had no part in the meet and confer process. Steven McKinley, 1300 Park Street, stated that under the proposed reconstruction of the Department, he (or anyone in his position) would be the only Lieutenant in Fire Prevention; that reducing their department would reduce efficiency and programs; and that if a court case, fire or other occurrence removes him from the department, no one would be left to cover his responsibilities. Robert H. Cowell, 1820 San Jose Avenue, stated he would like to urge Council not to adopt the proposed reorganization because the cuts in the medical and Fire Prevention divisions are too severe; that the medical division has only one firefighter, a Captain and a secretary, yet produces approximately a quarter million dollars in revenue each year; and the Fire Prevention division has only three persons, proposed to be reduced to only one person, in the Fire Prevention Bureau. Cornelius Hall, 4628 Niland Street, Fire Department Lieutenant, stated that the proposed demotions and reorganization will have an adverse effect on improving the fire and medical protection for the City of Alameda and on the motivation for service; that working for the people of this City has been one of the highest motivations he has found and hopes it will continue for many years. Deanna Johe, 3258 Ravenscove Lane, Co-chairman of Safety Town Program, stated that reduction of the manpower of the Fire Prevention Bureau would result in a workload for the remaining personnel that would allow little or no time for fire prevention educational programs such as the nationally recognized Safety Town program. Dennis Jennings, Fire Department Apparatus Operator, stated he is concerned that personnel with lesser training in the fire codes must 301 replace the experts in handling certain inspections, possibly resulting in liability to the City. Susan Sastini, 1612-B Chapin Street, Emergency Medical Department Clerk, stated that removal of the Emergency Medical Director's position would cause major problems with the program, and explained in detail the Director's expertise and responsibilities. Barbara Thomas, 1118 Paru Street, stated she believed there was no indication in the report regarding the Fire Department that there was any dead weight at the top, no facts to support the deletion of any jobs; that there are facts to support the addition of firefighters at Bay Farm Island, but no facts, performance evaluations, manpower studies, or expenditure analysis to support the reorganization which she believes is a detriment to the fire protection of the City. Darlene Banda, stated she believes the proposal being made is inappropriate, and suggested that the experts in the fire prevention field present at the meeting should be asked to meet in a workshop to determine what should be done. President Diament noted a motion was needed to continue the meeting. Councilmember Hanna made a motion to continue the meeting. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Robert L. Pogue, 347 Pacific Avenue, Fire Captain, stated he is proud of the Alameda Fire Department, believes more people should be hired and that suggested transfers should not be made. Paul Barneich, 1733 Versailles Avenue, Medical Director of the Fire Department, stated that he had spent much time and effort in setting up, implementing and directing the emergency ambulance program; that it has been obviously successful; and that the Emergency Medical Service requires a full-time position to direct, monitor and coordinate; and listed the responsibilities and accomplisluents, including revenues of approximately a half million dollars to the General Fund. The City Manager stated the program is designed for orderly transition, the- reorganizatin does not speak to individual performance but to reallocation of resources; that the assignments in the Fire Prevention Division are appropriate; that the Emergency Medical Captain can continue his activities while in the line; that it is his expectation that the Chief will direct the Emergency Medical Transport Program, which emphasizes the high level and high regard of the program. President Diament inquired if the success of the ambulance service has been the problem, and if because of that fact, it is taking people off of fire suppression. 302 The City Manager responded that to some degree, it is, but the course of action selected seems appropriate. To President Diament's inquiry if first commitment is to fire suppression and fire prevention, the City Manager responded that fire prevention is a joint effort between the Public Works Department and the Fire Department, and the idea is to enhance both of them. Councilmember Corica stated he admired the Fire Chief speaking on behalf of his personnel, and that he is amazed the top department personnel were not consulted on the reorganization; that he does not understand the timing of the subject during negotiations; and that he is ready to move that Council reject the report on the reorganization of the Fire Department. The City Manager stated he rejects the idea that this was a last minute proposal and believes the department management was aware of the problems and for a long time. Councilmember Corica inquired if anyone knew about the particular memo or just received it in the packet at the same time as Council, to which the City Manager responded that he met with the Chief over a week ago and orally told him what he intended to recommend. Chief Quarante stated that he was not encouraged to provide input, but was told what was going to be done. Councilmember Lucas commented that there are too many unknown factors at this point; that it is the first time Council has become aware of the concerns in the Fire Department and that she is not ready to vote on the proposal. Councilmember Corica made a motion to reject the report at this time. Councilmember Monsef stated he agreed with Councilmember Lucas; noted information received in executive session differs with information in the meeting; stated there is a total lack of communication with the Fire Department and believes Council should delay action to a later date. Councilmember Monsef commented that the motion was to reject and he does not want to reject but explore further. Councilmember Corica changed the motion from rejecting the proposal to exploring the matter further. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Corica stated that between the Council meeting and the time Council receives the explored reorganization of the Fire Department, that there be no vindictive action taken because of tonight's proceedings. 303 86-745 From Planning Director regarding the status of dcpted General Plan Elements. The Planning Director commented on the report. President Diament noted that it appears to be self-explanatory. Councilmember Lucas requested clarification that the recommendation is to look into option of the hiring of in-house personnel or a consultant, to which the Planning Director agreed. Fred Scullin, 1120 Chestnut Street, commented that CLUP is on)y part of the General Plan; that it has already lapsed some time agc since it needed to be updated every five years and wasn't and agrees with the recommendation of Planning Director. Councilmember Lucas moved for acceptance of the recommendation to update the General Plan. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86-746 From Public Works Director on the Alameda Landfill Closure Project. Councilmember Lucas made a motion to accept the report and recommendation. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86-747- Ordinance No N.S. "Amending the Alameda Municipal Code by amending Section 15-6210 thereof relating to rates for collection of garbage and refuse and prescribing method of collection. Councilmember Lucas made a motion to introduce the ordinance. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: None. Abstention: Corica - 1. NEW BUSINESS 86-748 Consideration of Charter amendments to be placed on the 1987 April Municipal Election ballot: 1) reduction in the membership of Social Service Human Relations Board, and 2) the Final Passage of Ordinances at special Council meetings. The City Attorney proposed that the Resolutions be placed on the January 20, 1987 agenda. Councilmember Hanna made a motion to place the resolutions on the January 20, 1987 agenda, Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 304 86-749 Councilmember Corica expressed concern regarding double parking in the 2700 block of Encinal. 86-750 Councilmember Lucas inquired about the recent 30-minute power blackout, to which the City Manager responded that staff was looking into all the facts. Councilmember Monsef requested a report from the Bureau of Electricity regarding the elimination of future 30-minute blackouts. UNFINISHED BUSINESS 86-751 President Diament inquired about the status reports on the property located at 3115 Encinal Avenue. (UP-85-21) City Manager responded the matter would be addressed. ADJOURNMENT President Diament adjourned the meeting at 12:00 midnight. Respectfully submitted, -OVZ DIE B. FELSCH City Clerk