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1988-07-19 Regular CC Minutes207 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JULY 19, 1988 The meeting convened at 7:41 p.m. (at the conclusion of the Closed Session to discuss appointment of a City Manager, and threatened litigation, and the Community Improvement Commission Meeting) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Thomas. Rev. Jack Huttinga 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 Meetings of June 21, 1988 and July 5, 1988, and Special Council Meeting of June 28, 1988. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 88-457 Presentation by the Mayor of the July, 1988, Employee Excellence Award. President Corica commented on the performance of Judy Martin, a City telephone operator, and presented the Employee Excellence Award to her. 88-458 Proclamation commending Jernon Matosich for services rendered as a Councilmember Assistant. Councilmember Camicia commented on Ms. Matosich's service through the Internship Program in his office, and presented the proclamation to her. CONSENT CALENDAR Councilmember Haugner made a motion to approve the Consent Calendar. Councilmember Camicia 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 *88-459 From Finance Director on City's Investment Portfolio as of June 30, 1988. Accepted. *88-460 From Public Works Director recommending the setting of a hearing date to consider Sewer Service Fee amendments. Accepted. *88-461 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for Island Drive east side improvements, P.W. No. 4-87-8. Accepted. July 19, 1988 208 *88-462 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for Constitution Way, Phase IIIA, P.W. No. 3-86-5. Accepted. *88-463 From Public Works Director recommending acceptance of work by Jardin Pipeline, Inc. for San Antonio Avenue sanitary sewer replacement, P.W. No. 10-87-23. Accepted. RESOLUTIONS *88-464 Resolution No. 11524 "Awarding contract to Gallagher & Burk, Inc. for repair and resurfacing of certain streets, Phase 10, P.W. No. 2-88-5, and authorizing execution thereof." Adopted. *88-465 Resolution No. 11525 "Awarding contract to Monterey Mechanical Co. for Bridgeway Pump Station expansion, P.W. No. 1-87-1, and authorizing execution thereof." Adopted. FINAL PASSAGE OF ORDINANCES *88-466 Ordinance No. 2395, N. S. "Amending Title II of the Alameda Municipal Code defining Written Communications to include Oral Communications." Adopted. BILLS *88-467 A List of Claims, certified by the Interim City Manager as correct, was approved in the amount of $1,431,672.24. WRITTEN COMMUNICATIONS 88-468 From Mr. James Payton, 2007 Clinton Avenue, regarding Municipal Fire Departments and Departments of Public Safety. President Corica stated Mr. Payton suggested consolidating the Police and Fire Departments, and perhaps this communication should be addressed when Council considers the report [study] on the Fire Department. Councilmember Camicia made a motion to accept the communication. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 88-469 From Mr. Norman W. Lynds, President, Island City Gun Club, 420 Maitland Drive, regarding a proposed project for the gun club site. Mr. Lynds reviewed the background of the Gun Club, its growth; the taking of acreage, and its closure, by the City; its seven-year negotiation with Harbor Bay Isle (HBI) for property utilization; the safety zone, occupancy and density restrictions; the $2,000,000 proposal to provide road improvement, indoor range facility, recreation vehicle storage in the four and one-half acre safety zone where buildings cannot be erected, and mini-storage July 19, 1988 209 units; stated he believes the program will be of benefit to the City; and requested Council authorize the City to meet with the Gun Club and HBI to negotiate and proceed with the project. Councilmember Camicia moved that be done. Councilmember Thomas stated the Gun Club pays the City $1.00 a year for the property, has 11 years remaining on the lease, and then some of the policies of leasing properties for $1.00 will need to change; the lease should then be bid; the lease is non-assignable; if it is used for an RV park, it cannot supplement HBI's requirement that they provide acreage on their land; she cannot favor a $2,000,000 bonus to a special interest; other projects need the revenue that can be received from that acreage; City should categorize all the property it owns, and put them out at market rates, and she will oppose this recommendation. Councilmember Haugner seconded the motion. Councilmember Camicia stated his motion is simply to get people together to talk about the issue. Councilmember Thomas stated there is no reason for the developer to step in and negotiate with a lessee. Councilmember Monsef stated he would like to hear some comments from the Interim City Manager. The Interim City Manager stated there has been no time to review the entire matter and present a comprehensive report to Council, therefore the recommendation is to simply come back with a more complete report. Councilmember Haugner stated she would not object if the developer wanted to have some input, but does agree Council needs more information out of courtesy to the Gun Club and interest for the City. President Corica stated he would support the recommendation that Council authorize staff to meet and discuss the matter, but he would want to amend the recommendation so that staff could look the matter over without discussion with the principals. Councilmember Haugner withdrew her second. Councilmember Thomas stated she does not want Harbor Bay Isle's input on this lease or any other City lease. Councilmember Camicia stated the Gun Club has been vacant a long time and he would like to get something done about it. Councilmember Haugner made a motion that Council request the staff to return to Council with a report and recommendation regarding the situation of the Gun Club, but that does not preclude that there can be some separate information provided to Council, but not in the report from staff. July 19, 1988 210 The Interim City Manager proposed that Staff be authorized to review this matter further and prepare a report and recommendation based upon that finding. Councilmember Haugner so moved, and Councilmember Camicia seconded the motion. Councilmember Thomas stated she would like the report to include a review of this lease, the rates of return of all other City property, and noted some guidelines need to be established for what the City expects of its lessees; and requested the Finance Director clarify the tax base increase on improvements on City property, and submit same in the report. Councilmember Haugner stated she would like everything included in the report, e.g., noise, all questions noted, remarks from the Recreation Department, etc. The motion was carried by unanimous voice vote - 5. 88-470 From Bradford Randolph, 3503 Springlake Drive, San Leandro, concerning alcoholic beverages on the beach at South Shore. Councilmember Monsef made a motion that the City Council maintain its existing policies on the South Shore Beach. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 88-471 From Stanford Shane, 470 D Cola Ballena, regarding Council sitting as both Judge and Jury. Mr. Shane complained about the Alameda Municipal Code Section under which real estate brokers, agents and salesmen were required to obtain an Alameda business license, and the efforts of the City staff to collect the unpaid tax. Councilmember Thomas inquired of the Finance Director if other agents are having this problem, to which the Finance Director replied there are 27 other realtors served for refusal to pay; and the Court has found that Mr. Shane has violated the Municipal Code. Councilmember Monsef made a motion to accept the communication. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 88-472 Consideration of extension of Interim Ordinance No. 2390, N.S., prohibiting and suspending issuance of Building Permits for construction on certain properties located on the westerly side of Park Avenue between Encinal Avenue and Central Avenue, that are inconsistent with proposed zoning. President Corica explained the procedure of the hearing. July 19, 1988 211 The Planning Director explained the background of the matter. The public portion of the Hearing was opened. On the call for proponents, the following spoke: Al Scott, 2418 Marti Rae Court. Gene Bertram Getz, 2618 San Jose Avenue. Geraldine Brehm, 1159 Broadway Street. On the call for opponents, there were none. The public portion of the hearing was closed. Councilmember Camicia moved the recommendation. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Haugner made a motion to take the related ordinance out of order. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 88-473 Ordinance No. 2396, N.S. "Extending Interim Ordinance No. 2390, N.S. prohibiting and suspending issuance of building permits for construction on certain properties located on the westerly side of Park Avenue between Encinal Avenue and Central Avenue, that are inconsistent with proposed zoning." Adopted. Councilmember Haugner made a motion to introduce and pass the ordinance. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. APPEALS 88-474 Consideration of Appeal of Planning Board approval of Planned Development Amendment, PDA-88-5 and Use Permit UP-88-13 for the Chevron Service Station located at 2340 Otis Drive, within a C-2-PD, Central Business, Planned Development District. Applicant: Majors Engineering Inc. for Chevron USA, Inc. Appellant: Majors Engineering, Inc. President Corica stated information was received that probably cannot be addressed at this time under the appeal, because it will take additional time, it was not part of the original evidence, and for it to be included, the matter must go back to the Planning Board to review and make recommendation. Wayne Weber, 2340 Otis Drive, stated accidents have not been caused by driveways at Chevron; and requested the matter be continued so that Majors Engineering may present their report. Councilmember Thomas made a motion to remand the matter back to the Planning Board, pending a [traffic analysis] report from Majors Engineering. Councilmember Haugner seconded the motion and it was July 19, 1988 212 carried by unanimous voice vote 5. 88-475 Consideration of Appeal of Planning Board denial of Use Permit, UP-88-5, to erect an off-premise directional sign in the median island on Atlantic Avenue westerly of Webster Street as required in Zoning Ordinance Section 11-14B9.5. Applicant: Alameda Naval Air Station. Appellant: Vice Mayor Barbara Thomas. Councilmember Thomas stated she appealed the matter because she believes there should be a sign and when a negative decision is made by the Planning Board, there cannot be re-application for a Use Permit for a period of one year; and rather than turning the matter down, it would have been better for the Planning Board to continue to work with the Navy on a directional sign. Lieut. Commander Robert Steiner, Naval Air Station (NAS), representing Captain Pickett, stated the Navy is proposing a simple, straightforward street sign like the one it had there for many years before being torn down for street construction. Councilmember Camicia suggested the Navy and the staff continue to work together to resolve the matter. The Planning Director stated the Planning Board is not opposed to a Navy sign, but wants an attractive, efficient sign, were concerned the steel posts were not aesthetically pleasing and looked temporary, believed the appearance of the sign did not justify its location and someone other than an engineer should give input on the design; the Navy submitted several variations on the sign but requested reconsideration of the original proposal. President Corica stated this is a sign for directional purposes, some modifications may be made, but otherwise Council should go ahead with the matter. The Planning Director suggested, if Council approves the sign, perhaps Council could give consideration to one of the alternative designs for mounting the sign proposed by the Navy. Fred Scullin, 1120 Chestnut Street, stated the Navy should have an opportunity to apply for a variance. President Corica stated he has no problem with a sign like the one that was there for a long time; and it must be high enough to be seen. Councilmember Camicia suggested the matter be continued two weeks to have the Navy, staff, and Planning Board reach a solution. Councilmember Thomas stated the Planning Board had that option in June, the ordinance does not provide for denial on the basis of design; the Zoning Administrator made a good decision; and moved to grant the Appeal, allow the Navy to build the sign, and delete the two conditions (that the sign be lowered and be mounted on concrete posts) placed by the Zoning Administrator. July 19, 1988 Councilmember Monsef seconded the motion. To Councilmember Camicia's inquiry if the sign is allowed by ordinance, the Planning Director replied it is; and the Planning Board has requested the staff work with Caltrans to obtain advance signing to instruct drivers to move into the right lane for NAS. President Corica clarified that the sign is smaller than the former one. Following further discussion regarding the design, Councilmember Camicia stated he believed two more weeks could be used to work on a better design. Councilmember Haugner stated she would vote for the sign because it is needed, and perhaps it can be made more attractive later. The motion 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 88-476 From Planning Director regarding consideration by the Planning Board of City Council referral of proposed General Plan update and Moratorium on building. Lawrence Kiose, Berliner, Cohen & Biagini, 99 Almaden Blvd., Suite 400, San Jose, CA 95113, Attorney for A-M Homes, stated his client objects to the moratorium; a letter has been submitted detailing objections including the fact that his projects are well underway, and therefore have protection; and believes the project should be excluded from the moratorium if one is put into effect. To questioning by Councilmember Thomas, Mr. Kiose replied the development is an approved project, time for challenge is long past, and the moratorium would place a burden if imposed. James Stonehouse, 2990 Northwood Drive, Concerned Citizens of Alameda (CCA), stated the CCA members, at a recent meeting, considered the issue of a building moratorium in detail and unanimously voted to oppose it; the membership is concerned about the effect of a moratorium throughout the City as it affects jobs, churches, schools, fire station, etc. Fred Scullin, 1120 Chestnut Street, stated no one wants a moratorium but when matters reach a certain stage, drastic measures become necessary. Diane Coler-Dark, 2857 Jackson Street, stated regarding procedure, that the Planning Board did not study the impact of a moratorium but gave their personal opinion. Councilmember Thomas stated she did not receive substantial facts in the report; there are inadequacies in the General Plan; and reiterated that her plan is for a moratorium that will allow the July 19, 1988 214 building of all public improvements and some development; and would like to draft something with the City Attorney and bring it back before Council. President Corica stated perhaps Council should have provided more instruction to the Planning Board; and it might be a good idea to send it back to the Planning Board with some concerns Council has; perhaps Planning Board did not know Council's concerns e.g., that public buildings were supposed to be exempt; and requested Council's opinion on giving input to the Planning Board for review. Councilmember Monsef stated that he does not believe Council was specific in sending the matter back to the Planning Board. President Corica stated he does not believe that only Councilmember Thomas should be preparing a draft, he would like the entire Council to become involved in the procedure. Councilmember Monsef stated Councilmember Thomas can outline what she wants and then other Councilmembers can add to it. Councilmember Thomas stated the point of referring the matter to the Planning Board was because they are the experts on the General Plan, the moratorium was designed to halt things which are not consistent with our General Plan or which simply have not been addressed in our General Plan, e.g., conservation at Harbor Bay; and it is not what she wants but what the General Plan dictates. President Corica stated he does not just want one person writing a moratorium; he wants the input of Council. Councilmember Thomas stated the City Attorney could write the draft. President Corica replied, if the City Attorney is to prepare the draft, then all Councilmembers should talk to the City Attorney, one at a time, and let him know the individual concerns. Councilmember Haugner stated she believes there is much information from the Planning Board and she will be happy to share it. President Corica stated one of his concerns is that he does not want the Pope Street site, schools, or the Fire Station [proposed Bay Farm Island station] to be affected, and should be exempt from a moratorium. Councilmember Camicia stated he agreed with President Corica that it is probably Council's fault that the report has not come back from the Planning Board differently; believes the Board did a good job summing up the issue and exploring options and pitfalls; perhaps it is the answer that is not acceptable; if Councilmembers want a moratorium, it should be expressed just what kind of a moratorium is wanted, who it affects, who it helps and who it hurts; it should be done quickly as there is a lot of community concern and confusion; and a clear message should be given. July 19, 1988 215 ?resident Corica suggested clrleo :=rgoId 1 kTit j!CiZygtgercOTac ohinharadd= concerns of all of Council. Councilmember Camicia inquired what is the basic foundation. Councilmember Thomas stated everyone should meet with the City Attorney individually and let him proceed. Councilmember Monsef made a motion to accept the report. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 88-477 Resolution No. "Authorizing execution of an agreement with Blayney-Dyett for planning services for General Plan revisions project." Continued. Councilmember Thomas inquired why Council did not get proposals to review. Councilmember Haugner noted a panel of six people was established consisting of staff and President and Vice-President of the Planning Board to review the proposals. The Planning Director stated other cities were contacted and a pool of prospective consultants developed; Statements of Qualifications were sent to each of the 16 consultants; seven responded; Requests for Proposals were sent to the seven; four replied; all were interviewed by the panel and the panel's unanimous selection was Blayney-Dyett; there was no intention to exclude Council but traditionally Council has not become directly involved in reviewing all proposals and making a selection on proposals of this type, therefore a formal procedure was arranged including the officers of the Planning Board; the firm has an excellent reputation and has done a number of General Plans throughout the Bay Area. Councilmember Thomas questioned how it will address the Housing Element. The Planning Director stated the Housing Element was specifically excluded from the proposals as it is presently under renewal; staff has been working with the State for some time; and the rest of the Elements will take into consideration the Housing Element when it is adopted. President Corica questioned how long it will be before the Housing Element is done; to which the Planning Director replied it depends upon the City's ability to persuade the State staff to consider that the City's Housing Element as proposed, is acceptable to them; as they believe low-income housing can only be produced by high-density multiple development; it is ultimately up to Council to adopt the Housing Element, the State review is advisory only at this point, but is beneficial to have State agreement that it conforms to State goals and policies for housing development. July 19, 1988 216 Following a brief discussion on the time involved to complete the General Plan, Councilmember Haugner made a motion to adopt the resolution. The motion failed for lack of a second. Councilmember Thomas stated she would need to read the proposals and would vote no. Councilmember Monsef made a motion to defer the action for two weeks. Councilmember Thomas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Monsef, Thomas and President Corica - 4. Noes: Councilmember Haugner 1. Absent: None. 88-478 Resolution No. 11526 "Appropriating funds from the Gas Tax Fund for the development of the Alameda County Transportation Plan." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 88-479 Resolution No. 11527 "Authorizing open market purchase and installation of a well pump for the Golf Course and appropriating moneys from the Golf Course Enterprise Account to fund said project." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 88-480 Ordinance No. 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." Councilmember Haugner made a motion to introduce the ordinance and Councilmember Monsef seconded the motion. Councilmember Thomas noted many people have their curbs painted. President Corica stated an out-of-town company was painting numbers on curbs without approval and charging residents. The Public Works Director stated there is no problem when there is an Alameda business license and policies of the Public Works Department are followed. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. July 19, 1988 217 88-481 Councilmember Haugner commented that the item regarding the Alameda County Transportation Plan (See 88-477) recommended that there be a Council representative selected to serve and perhaps that should be addressed. Councilmember Camicia made a motion Rita Haugner be appointed. Councilmember Monsef stated the Mayor historically has the privilege of making the appointment and he would like to retain that policy. NEW BUSINESS 88-482 Consideration of nomination for appointment to the Public Utilities Board. President Corica nominated Robert Bitten for the position. Councilmember Thomas seconded the nomination and it was carried by consensus of Council. 88-483 Consideration of nomination for appointment to the Historical Advisory Commission. President Corica nominated Robert Nichol for the position. Councilmember Camicia seconded the nomination and it was carried by consensus of Council. 88-484 Councilmember Haugner commented that the East Bay Municipal Utility District presentation, previously requested, should be done within the next four weeks. 88-485 Councilmember Haugner commented on the use of barricades during recent weeks and requested information regarding 1) feasibility of parking stickers for residents, and 2) Noise Ordinance application for boom boxes. Councilmember Thomas noted a Grand Street barricade was not manned during the weekend. 88-486 Councilmember Haugner commented on the October League of California Meeting and the rescheduling of the October 18 Council Meeting. 88-487 Councilmember Thomas requested a report on the cost of Planning Department application processing, e.g., filing fees and administrative charges. ORAL COMMUNICATIONS, GENERAL 88-488 David McIntyre, 1000 Paru Street, discussed rebuilding of residential homes in commercial areas. Following Council and staff discussion regarding Mr. Maclntyre's concerns, the Planning Director commented Mr. Maclntyre should pursue rezoning of the property in question. July 19, 1988 218 88-489 Fred Scullin, 1120 Chestnut Street, commented on staff's preparation of recommendations and findings. ADJOURNMENT President Corica adjourned the meeting in memory of the crew members of a mine-sweeping helicopter [part of the U.S. Navy Helicopter Mine Countermeasure Squadron 15, stationed at Naval Air Station, Alameda], which exploded over the Pacific Ocean; and commented on the sacrifice of the men involved. The meeting was adjourned at 10:34 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for the meeting was posted 72 hours in advance in accordance with the Brown Act. July 19, 1988