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1987-04-07 Regular CC Minutes73 REGULAR MEETING OF THE CITY COUNCIL OF'THE CITY OF ALAMEDA APRIL 7, 1987 The meeting convened at 7:30 p.m. (at the conclusion of the Housing Authority) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Monsef. Reverend John Foley gave the invocation. ROLL CALL Present: - Councilmembers Corica, Hanna, Lucas, Monsef and President Diament 5. Absent: None. MINUTES Councilmember Hanna made a motion for approval of the minutes of the Regular Council Meeting of March 17, 1987. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. President Diament announced that Items No 22 and 23 on the agenda were held over by request of the developer. (See No. 87-252 and 87-253.) CONSENT CALENDAR Councilmember Lucas moved for adoption of the Consent Calendar, Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5, with the exception that Councilmember Corica voted No on Item 1-J regarding the approval of Parcel Map 4923. (See 87-208) Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *87-200 From City Attorney denying application of Joseph M. Lopez IV to present a late claim against the City of Alameda. Accepted. *87-201 From Executive Director, Housing Authority, regard- ing waiver of payment in lieu of taxes for fiscal years 1987- 88 and 1988-89. Accepted. *87-202 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for repair and resurfacing of certain streets, Phase 7, P.W. No. 7-86-24. Accepted. *87-203 From Public Works Director recommending acceptance of work by O.C. Jones & Sons for construction of Marina Vil- lage Parkway and Independence Drive, Assessment District 84-3, P.W. No. 4-85-10. 74 *87-203 From Public Works Director recommending installation of pay phones within and encroaching into the public right-of-way. Accepted. *87-204 From Public Works Director recommending acceptance of work by 0. C. Jones and Sons for South Loop Road, Phase II, P.W. No. 5-85-19. RESOLUTIONS *87-205 Resolution No. 11149 "Awarding contract to Jack Moore & Sons, for landscape improvements for Atlantic Avenue, Alameda Marina Village Assessment District 84-3, P.W. No. 8-86-32, and auth- orizing execution thereof." Adopted. *87-206 Resolution No. 11150 "Awarding contract to Gallagher & Burk, Inc. for Arbor Street improvements, Buena Vista Avenue to Pacific Avenue, P.W. No. 1-87-2, and authorizing execution thereof." Adopted. *87-207 Resolution No. 11151 "Ordering vacation of Public Util- ity Easement in Lot J of Tract 4495. (Normandy)" Adopted. *87-208 Resolution No. 11152 "Approving Parcel Map 4923 for divi- sion of Lot 3 of Parcel Map 4564, permitting recording thereof, and finding said parcel map consistent with the City's General Plan. (R&D, Phase I, Alameda Marina Village)" Adopted. *87-209 Resolution No. 11153 "Approving Final Map of Subdivision known as Tract 5603 (Southwest corner of Otis Drive and Willow Street, Harvey C. Dong and Beatrice Tam Dong, Subdividers)" Adopted. *87-210 Resolution No. 11154 "Authorizing execution of agreement for construction and completion of improvements in connection with Final Map 5603 and approving cash deposit as to sufficiency (South- west corner of Otis Drive and Willow Street, Harvey C. Dong and Beatrice Tam Dong, Subdividers)" Adopted. *87-211 Resolution No. 11155 "Adopting Plans and Specifications for the renovation of two classrooms for a social services and office wing at the Mastick Senior Center, calling for bids and directing City Clerk to advertise same." Adopted. *87-212 Resolution No. 11156 "Authorizing filing of a Claim with the Metropolitan Transportation Commission for allocation of Trans- portation Development Act 4.5 Fund for Fiscal Year 1987-88." Adopted. *87-213 Resolution No. 11157 "Authorized filing of a Revised Claim with the Metropolitan Transportation Commission for allocation of Transportation Development Act/State Transit Assistant Funds for Fiscal Year 1986-87." Adopted. *87-214 Resolution No. 11158 "Awarding contract to West Star Distributors for Turf Scooter for Parks Division of the Recreation Department and authorizing execution thereof." Adopted. *87-215 Resolution No. 11159 "Resolution of Appreciation to Vol- unteers for the City of Alameda." Adopted. *87-216 Resolution No. 11160 "Authorizing participation in the CAL-ID Random Access Network Program." Adopted. *87-217 Resolution No. 11161 "Awarding Contract to George E. Masker, Inc. for repainting of traffic signals and streets lights at various locations in Alameda, P.W. No. 2-87-5, and authorizing execution thereof." Adopted. *87-218 Resolution No. 11162 "Amending the salary range in the Salary Resolution for Management and Confidential Employees for the position of City Attorney." Adopted. *87-219 Resolution No. 11163 "Endorsing and supporting the location of the new Federal General Services Administration Building in the City of Oakland's City Center." Adopted. *87-220 Resolution No. 11164 "Adopting Plans and Specifications for Grand Street/Shore Line Drive Sanitary Sewer Pump Station and Force Main, P.W. No. 2-86-1, calling for bids and directing City Clerk to advertise same." Adopted. *87-221Resolution No. 11165 "Committing funds to support the activities of the Emergency Shelter Network of Alameda County." Adopted. *87-222Resolution No. 11166 "Consent of Assignment of Lease to Encinal Marina, Ltd. of certain real property held under lease by and between the City of Alameda and Encinal Industries, Inc. (Tidelands at the foot of Grand Street)." Adopted. *87-223Resolution No. 11167 "Consent of Assignment of Lease to Encinal Marina, Ltd. of Certain Real Property held under Lease by and between the City of Alameda and Encinal Industries Inc. (Tide- lands east of Fortman Marina and north of Fortmann Way)." Adopted. *87-224 Resolution No. 11168 "Consent to Hypothecation of inter- est of Encinal Marina, Ltd. in a certain Tidelands lease with the City of Alameda by leasehold mortgage." Adopted. INTRODUCTION OF ORDINANCES *87225 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Section 11-14E2 thereof relating to definitions of adult entertainment." Introduced. *87-226 Ordinance No N.S. "Accepting dedication for street purposes of Auginbaugh Way adjacent to Tract 4495. (Normandy)" Introduced. FINAL PASSAGE OF ORDINANCES *87-227 Ordinance No.2324 N.S. "Accepting dedication of land and authorizing execution of a revised lease agreement with Fortman Basin, Ltd." Adopted. BILLS *87-228 A List of Claims, certified by the City Manager as correct, was approved in the amount of $ 1,742,506.95. * * * * * * * * * * * RETURN TO REGULAR AGENDA RESOLUTIONS Councilmember Monsef moved to take the resolutions regarding appoint- ments to the Civil Service Board and Cable Television Oversight Committee out of order. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-229 Resolution No. 11169 "Appointing Eva Alice Suojanen a member of the Civil Service Board." Adopted. Councilmember Monsef made a motion to adopt the resolution. It was seconded by Councilmember Lucas and carried by a unanimous voice vote -5. 87-230 Resolution No. 11170 "Appointing Wayne Milani a member of the Cable Television Oversight Committee." Adopted. Councilmember Monsef made a motion to adopt the resolution. It was seconded by Councilmember Lucas and carried by a unanimous voice vote - 5. The City Clerk administered the Oathsof Office to the two appointees, and President Diament extended congratulations to them. WRITTEN COMMUNICATIONS 87-231 James Spitzer, Alamedans for Responsible Planning, 450E Cola Ballena, concerning the proposed Ballena Bay Hotel/Convention Center/Office Building Project. Mr. Spitzer commented on the need for an Environmental Impact Report and his opinions of the Planning Board. Diane Broch, 546 Kings Road, Crown Harbor, expressed her concern regarding the impact of the Ballena Bay Project. 77 Elizabeth A. Phipps, 546 Kings Road, made comment on the impact on traffic of the Ballena Bay Project. Stanford Shane, 470 Cola Ballena, expressed his concerns regard- ing traffic problems. Councilmember Lucas inquired of the Planning Director what the status of the project is, to which the Planning Director stated there was no change since the last time the public spoke on the matter; that there has been no additional work on the part of the staff or the Planning Board. To Councilmember Lucas' further question regarding how it would come before the Planning Board again and whether or not the public would be notified, the Planning Director stated it wouldneed to be placed on the agenda and interested parties would be notified. Councilmember Lucas moved to accept the communication; Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-232 From Mary L. Davis, 1720 San Antonio Avenue, suggesting child day care at Paden School. Mrs. Davis expressed her concern about inadequacy of day care provi- sion for moderate income families, and the possibility of providing them. President Diament commented the suggestion was excellent; that possibly a cooperative program can be provided, and that the School Board could answer questions regarding Paden School. The City Manager commented that the Recreation and Parks Department may be getting grant funds for facility for moderate income; and the matter will be coming before Council. Councilmember Hanna noted that it is contemplated that there may be a voucher program which may help the situation. Councilmember Hanna made a motion to accept the communication. Councilmember Corica seconded the motion and it was carried by unani- mous voice vote - 5. 87-233 From Helen Ullner, 721 Santa Clara Avenue, regarding City Parking Lot "W." President Diament commented that she had personally looked into the matter with the police patrol; that there is an all night restaurant in the vicinity; and that it would be expensive to close the parking lot as requested by Mrs. Ullner. Councilmember Corica stated that the cost of a fence would be about $2000.; and that perhaps a chain with padlock could help. 7 Councilmember Lucas stated she believed a parking lot is needed; that if people could not park in the lot, they would be parking in front of houses in residential areas; that it is very noisy in the lot and she sympathizes with Mrs. Ullner; but doesn't believe closing the lot would help. President Diament commented that the Traffic Advisory Committee could look into the matter. Councilmember Hanna stated Mrs. Ullner's house could be insulated just as houses are insulated near the airport. Councilmember Lucas agreed it was a good idea; that perhaps only the sides adjacent to the lot needed to be done. The City Manager commented that the cost could be brought back to Council. Following further discussion, Councilmember Hanna made a motion to accept the communication. CouncilmemberMc-msef seconded the motion and it was carried by unanimous voice vote - 5. 87-234 From Jack Kipp, Mayor, City of Folsom, requesting Coun- cil to adopt a resolution urging the Legislature to amend Senate Bill 300 (Foran). Councilmember Corica stated the Council should do what they can to help and moved that Council adopt a resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote -5. 87-235 From Fred Scullin, 1120 Chestnut Street, protesting pro- posal to enclose a survey on transportation or traffic in Bureau of Electricity bills. President Diament commented that Fred Scullin had been answered by the Bureau of Electricity which had agreed to hold up the enclosure until after the election. Councilmember Hanna made a motion to accept the communication; Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-236 From Eric C. Cross, Vice President, Pacific Financial Corp., 1138 - A Ballena Boulevard, regarding zoning of property located at 3126 Fernside Blvd. Councilmember Corica commented that an office building would be acceptable but not a commercial building. President Diament noted it is to be a professional office building and suggested a time limit on the feasibility study. Councilmember Monsef inquired if the homeowners received notice; the City Manager replied that they had received a copy of the letter. Councilmember Hanna commented a representative should speak before Council at the next meeting, regarding what is expected will be built at that location. P9 Councilmember Lucas stated the homeowners' should be notified. The Planning Director inquired if Council wished the Planning Board to hold over until after the next Council meeting to which the Council agreed it should. Councilmember Hanna made a motion to accept the communication. Councilmember Corica seconded the motion and it was carried by unan- imous voice vote - 5. 87-237 From JoAnn Eichten-Alioto, Concerned Citizen of CEASE, regarding the air traffic problem in the City. Roger Mark Brower, 1401 Cottage St., #B, made reference to the meet- ing of November 18, 1986, regarding the matter; stated that most peo- ple do have legitimate complaints about the problems; and suggested that the City staff and CEASE might be able to work out an agreement with the airport and/or FAA regarding instrument departures on Run- way 33, and Runway 29 right, and that the organizations should work with staff. Steven Mitulinski, 1043 Alameda, member of the Alameda Aero Club, agreed with Mr. Brower and stated he believed CEASE should find out more facts before creating safety problems, talk out and work out things with groups; and that safety is of greatest importance. Wallace Johnson, 428 Green Briar Road, President of Alameda Aero Club, stated local citizens have come before Council; later, as a result of a citizens' meeting, ill-fated signs were posted through- out the North Field complex and appears to have played a part in the aircrash; that a preliminary report readout on noise indicated that in 3300 flights, only 41 were found to be not in compliance with noise reduction; noted further details, and that much more can be accomplished by cooperation than by adversary positions. Joe R. Crotti, P.O. Box 549, Aircraft Owners & Pilots Assoc., stated he was present on the invitation of the association, noted his cre- dentials; stated he was not present to take sides but to assist; and recommended that issues be looked at and decisions made that are based on fact. President Diament inquired if he would be available to help solve problems, to which Mr. Crotti replied that he would be. Bill Kane, 2615 Bayview Dr.,commented on the recent aircrash and stated he would be glad to help with the air traffic problems as he is at the airport daily. In response to an inquiry by President Diament, the Planning Director reported on the noise mitigation study. Councilmember Monsef asked that there be an investigation into the City's powers and rights. The City Manager commented on staff efforts, including monitoring, regarding the aircraft problems, and introduced consultant Walter Gilfillan, noting he is a licensed pilot and has consulted Los Angeles, San Francisco, and a number of cities. 80 Mr. Gilfillan recommended the City participate with airport staff with information and requests from the community, and establish a strong negotiating position; that an active forum has been created with pilots; that there are strong limitations on acting but sug- gested that staff be directed to participate in the "150 Study' and thus have input and interaction with such organizations as the FAA; noted that there is no solution to noise problems but the sub- ject needs constant addressing, and there needs to be experts from all sides of the issue to cooperate. Councilmember Lucas inquired what other cities use for noise abate- ment, i.e., no flights between midnight and 6:00 a.m.; and, are there any rights or does the airport set such action. Mr. Gilfillan replied there are some cooperation agreements, coer- cive settlement agreements from lawsuits, but that there should be a voluntary process, at least in the beginning; that the litigation process is long, difficult and costly, and further stated he would be meeting with groups and officials and report back to Council in May. Councilmember Hanna made a motion to accept the communication. Councilmember Lucas seconded the motion and it was carried by unani- mous voice vote - 5. 87-238 From Charles Millman, 2916 Bayview Drive, requesting clari- fication of a Chamber of Commerce issue. Mr. Millman stated he doesn't think it correct for private citizens to be in City Hall, subsidized by City. President Diament noted the Chamber is looking for other space. Don Dowdell, President of the Chamber of Commerce, noted benefits to the City by the Chamber; adding that its main thrust is in mat- ters of concern to its members. Barbara Thomas, 1118 Paru Street, questioned why the Chamber purchased political (Measure C) signs from a Sacramento company. Councilmember Lucas made a motion to accept the communication; Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-239 From Charles Millman, 2916 Bayview Drive, regarding in- stallation of a driveway at 1543 Gibbons Drive. Mr. Millman expressed his concerns regarding City employees work- ing on private property, and suggested Pictures be taken of property. The Public Works Director noted the situationhad been a tripping hazard and the City policy is to repair in cases where there is such a hazard. 81 Councilmember Lucas referred to Council's concerns regarding City liability when there is a tripping hazard. President Diament noted this was a .matter of tree roots causing damage on property. The City Attorney noted there could be liability to property owners in such circumstances. Councilmember Lucas moved to accept the communication. Council- member Monsef seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 87-240 Consideration of proposed Negative Declaration and Zoning Text Amendment, ZA-87-1, which would amend the parking regulations for minor expansions of existing buildings and for changes of use. Applicant: City of Alameda. The Planning Director explained in detail the Planning Board's recom- mendation. President Diament inquired if the proposal satisfied the concerns of small businesses, to which the Planning Director commented that it appears to, that some small business owners were present at the Planning Board 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. Councilmember Hanna moved to adopt the Negative Declaration and the findings with it. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Hanna made a motion to take the related ordinance out of order. Councilmember Monsef seconded the motion and it was car- ried by unanimous voice vote - 5. 87-241 Ordinance No. N.S. "Amending Title XI, Section 11-14C2 of the Alameda Municipal Code, affecting when parking standards must be met, and terminating the moratorium enacted through Ordinance No. 2312 N.S." Councilmember Hanna made a motion to introduce the ordinance; Council- member Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-242 Consideration of proposed Zoning Text Amendment, ZA-86-12, which would allow a Trash Transfer Station as permitted use in the M-2, General Industrial District. Applicant: City of Alameda. Councilmember Corica inquired if Council were locked into it, to which the City Manager replied that the cost was but that it can be moved. The public portion of the hearing was opened. On the call for proponents,there were none. On the call for opponents, there were none. Fred Scullin, 1120 Chestnut Street, suggested an amendment to state there will be no burning and no storage of hazardous waste materials. Councilmember Corica stated it was a good suggestion. President Diament inquired of City Attorney if that could be done, to which he replied in the affirmative. Councilmember Corica made a motion to approve recommendation and findings with addition as mentioned by Mr. Scullin. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Hanna moved to take the related ordinance out of order. Councilmember Monsef seconded the motion and it was car- ried by unanimous voice vote - 5. 87-243 Ordinance No. N.S. Amending Title XI, Section 11-1350 of the Alameda Municipal Code to allow a Trash Transfer Station as a permitted use in a M-2 district. Councilmember Monsef made a motion to introduce the ordinance with amendment as discussed. Councilmember Hanna seconded the motion and it was carried with unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 87-244 From Mayor's Traffic Systems Management Advisory Committee concerning Community Commute Survey. President Diament commented that the Advisory Committee must wait until it has a good report on patterns in the community, and can- not move forward with suggestions for traffic management until then; and commented on the Rides Program. Councilmember Hanna made a motion to accept the report and recommend- ation. Councilmember Lucas seconded the motion. 8 Councilmember Corica inquired who will make the oral presentation regarding the program. President Diament replied that it will all be done by the persons handling the Rides Program. The City Manager added that the oral presentation would be made to the community, public and Council. The motion was carried by unanimous voice vote - 5. 87-245 From Chairman, Historical Advisory Commission, regarding establishing fees for certain actions of the Commission. Rita Haugner, Vice-chairman, of Historical Advisory Commission, commented that there is no funding; read a list of applications received by the HAC through the year, the responsibilities involved; and added that the cost could be helped by fees. The City Manager commented that the fees would go into the General Fund. Ms. Haugner added that the HAC members do have expense but no fund- ing; that they pay for their own expense. Councilmember Monsef made a motion to accept the report and recom- mendation. Councilmember Corica seconded the motion and it was car- ried by unanimous voice vote - 5. 87-246 From Chairman, Historical Advisory Commission, regarding the inclusion of the restoration of the historic tower as a bid alternate in the upgrade of City Hall. Richard Armstrong,1626 Encinal Ave., stated he is pleased the City would consider restoration of the historic tower, but that the cost is prohibitive and doesn't believe the City can afford to do it. Dave Plummer, member of Historical Advisory Commission and the City Hall Upgrade (CHUG) Committee, stated that the tower was not entirely removed because of the 1906 earthquake; that only the upper portion was removed after the earthquake; that in the 1920s, the clock was added and later the tower was removed; displayed old photos of City Hall and the tower; and added that there are 20 architects competing for the upgrade job, and when the top 5 are interviewed, there should be instruction of what must be done in order to avoid the cost of Change Orders. Councilmember Lucas inquired if grants would be available to assist with funding. Mr. Plummer noted there was a grant for $300,000. pending, then, the Public Works Director added that a notice had just been received denying the application. Mr. Plummer stated that it might be reviewed in a better light, if it were known the City was restoring to original design. Councilmember Corica suggested reapplying on that basis. Mr. Plummer noted that in addition to the State grant, he also had 84 information on Ford Foundation Grants. President Diament stated she would like the design as add alternate. Councilmember Monsef suggested Council should present the matter before the people and if they want it done, then they will pay to have it done; that it will cost more at a later point in time. Councilmember Lucas inquired of Councilmember Monsef if his con- cerns would be alleviated if the Historical Advisory Commission agreed to review the grants and report back in two months, to which Councilmember Monsef responded in the affirmative. Councilmember Hanna stated that City Hall could be reinforced now and if the tower is restored the reinforcement would already be done. Councilmember Lucas made a motion to give Commission 2 months to report on grant sources and recommendations on how to pay for the additional design cost. Mr. Plummer stated he could state immediately that they could re- apply to State, apply for Ford grant and others. Following further detailed discussion, Councilmember Hanna made a motion to direct architects to go ahead with the designs with rein- forcement added in, the Commission to go ahead with the grant appli- cations, and later, if grants are received, go ahead with the tower. Councilmember Lucas seconded the motion and it was carried by unani- mous voice vote - 5. 87-247 From Library Site Committee concerning site selection for new Main Library. Al Edgarton, Library Site Selection Committee, read his letter to Council for the benefit of public, which noted efforts of site committee, and efforts of committee to save the theatre; requested Council disregard theatre as library site; stated a library has unique requirements for buildings, i.e., support of heavy book stacks; and explained in detail the considerations of the Site Selection Committee, recommending site selection beyond the three blocks near City Hall. Rita Haugner, member of Historical Advisory Commission, stated she was gratified by the Library Site Committee's letter withdrawing the Alameda Theatre as a site, thanked organizations involved, and stated she hoped the groups can work together. Dave Plummer, stated the Historical Advisory Commission is to pre- serve and protect all historic buildings; that the Save the Alameda Theatre Committee is an offshoot of the Alameda Victorian Preser- vation Committee and deserves credit for work to save the Theatre. Christopher Buckley, 1017 San Antonio Avenue, expressed gratitude to the Library Site Committee for withdrawing the Alameda Theatre as a site; and added that there are structural concerns about it which will be addressed. Councilmember Hanna made a motion to allow the Site Selection Com- mittee to look for a library site outside the Civic Center area. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Corica, Hanna, Monsef and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. John Barni, Sr., 1380 East Shore Drive, stated that the site at Oak and Clement being considered for a library is not a central site and lacks availability of transportation; that the library deserves to be in a central area; that the area has lost the water company, Pacific Telephone, Bureau of Electricity, etc., and that the Park Street area needs assistance. Councilmember Corica commented that there were three sites to con- sider: the Church of the Nazarene because Council does not know what it would cost, the east wing of the Alameda High School and the old Post Office building on Central Avenue; and added that the site at Clement Avenue might be cheapest but perhaps not best. Councilmember Lucas stated she would like to note Mr. Barni's com- ments; that she believes the library should be in the certral dis- trict; that the Carnegie Building is the best location; that there are very beautiful historical buildings; that the theatre is under- used, the high school and possibly the Carnegie Library will be under- used; that she is grateful to the Library Site Selection Committee for working out the basic requirements; that the Council has a responsibility to preserve the health of the business community and the historical aspects. Dorothy Larzelere, 1274 Weber, Library Building Committee, stated people seem to want to go into old buildings instead of new ones; that the historic buildings are not the responsibility of the library committee; that putting a state of the art library into an old building did not seem to make much sense. Councilmember Hanna made a motion to extend the Council meeting. Councilmember Lucas seconded the motion and it was carried by unan- imous voice vote - 5. Gerhard W. Degemann, 2200 Central Avenue, President, Historic Alameda High School Foundation Inc., stated the High School has a high occupancy rate; that if the Library Committee would like to consider the East Wing, there are 32,000 square feet on three floors, and that decision would need to be referred to the School District. President Diament noted that Council has passed a motion to approve the request of the Library Site Selection Committee; that no place the committee has looked at has been ample enough. 87-248 From the City Manager, regarding the Church of the Naza- rene. Councilmember Corica stated the Church wants to be relocated but they have not given a figure. The City Manager stated that the property they wanted 2 years ago, and the building to go on the property was approximately $1,000,000.; that recently the pastor has said they are willing to negotiate for a little less but was not specific regarding amount; that if Council wishes to proceed, perhaps Mr. Fenstermacher, the County Real Estate person should be asked to entertain discussions with the Church of the Nazarene. 86 Councilmember Corica commented that Council should try to find out how much it would cost for the church property; that he believed it would be a fine site for the library. Councilmember Lucas agreed and commented the matter had not been investigated in detail. Gertrude Woods, 1247 Sherman St.,Library Board Member, stated the Committee spent money on the analysis for library requirements: that the library 31,000 foot footprint cannot fit on the Church and Children's Library sites; and people must think in terms of what the City will need for many years. Councilmember Hanna made a motion to allow the Library Site Selec- tion Committee to look beyond the three-block area, and allow Mr. Fenstermacher to contact the Church of the Nazarene and find what his reaction is to their position in the matter. Councilmember Lucas seconded the motion and it was carried by following voice vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef - 4. Noes: President Diament - 1. Absent: None. 87-249 From the City Manager, regarding copying charges. The City Manager reported on the background of the matter, including the 1978 ordinance passed by Council, and that the staff believed the charge was justified by the cost involved. Edward J. Murphy, 2618 Janis Circle, stated it is understandable to have charges where personnel research time is involved but not when items for copying are readily available. President Diament inquired if there was considerable time spent in researching and copying from files. The City Clerk stated there was constant time due to request3for research in files. Following considerable detailed discussion, Councilmember Corica made a motion to charge 25 per copy for photocopying until a report is received back from staff with recommendation and justi- fication for appropriate charges. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-250 From Public Works Director on Alameda Theater structural report. Tom Wetherbee, Mattison & Shidler, 4 Embarcadero, #3150, San Fran- cisco, addressed remarks to Council regarding the roof structure, steel reinforcements and other structural considerations. President Diament inquired if he would consider further testing. Mr. Wetherbee responded that he did not believe it was necessary, that it has stood the test of 55 years with no change in status of roof supports. b7 Councilmember Hanna noted that Council needed the expertise of the Chief Building Inspector for review of the matter. Mr. Wetherbee commented that portionsof the theatre and part of the parking lot could be used so that the theatre could be preserved and the library site made available also. Samuel Morton, Morton Technologies, stated he did construction analy- sis for the Public Works Department; explained in detail numerous areas, including reinforcement on roof joists; and believes further testing is necessary because they may or may not be adeuuate. Naomi Hatkin, 543 Palace Court, Co-chair, Committee to Save the Alameda Theatre, submitted petitions (2500+ signatures) collected from the public to save the Alameda Theatre and find some viable use for the building. Christopher Hanson, 543 Palace Court, Co-chair, Committee to Save the Alameda Theatre, remarked on the possible future of the Theatre, and the revitalization of many historic buildings of Alameda; suggested a City-sponsored panel or committee; stated he believes adequate planning and careful forethought of committee and City departments could pro- vide Alameda with same good results as Monterey's Cannery Row and San Francisco's Ghirardelli Square. Councilmember Lucas inquired what the Council could do at this point, to which Mr. Hanson replied that it could designate individuals to be on a committee and set parameters as to what they should accomplish. President Diament suggested Mr. Hanson could submit a paper on it. Councilmember Lucas stated she believed it would be an excellent idea. President Diament commented that the City is responsible by law to see that buildings that are occupied are safe. The City Manager commented that once the City becomes aware of a prob- lem, if it ignores the problem, the liability is great. Councilmember Lucas stated Council should have a report from the Chief Building Inspector,because of his expertise, as suggested by Council- member Hanna. Councilmember Corica agreed it would be a good idea. Councilmember Hanna made a motion that the Chief Building Inspector submit a report regarding the roof, the marquee and any other areas that might be dangerous. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. Mr. Wetherbee commented that the marquee is in the process of being repaired. 87-251 Resolution No. 11171 "Authorizing execution of agreement with Touche Ross & Company, Certified Public Accountants, for financial auditing services." 88 Councilmember Hanna made a motion to adopt the resolution. Council- member Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-252 Resolution No. "Adopting plans and specifications for Constitution Way (formerly Patton Way), Phase IIIA, street construc- tion, P.W. No. 3-86-5, calling for bids and directing City Clerk to advertise same." This matter was held over at the request of the developer. 87-253 Resolution No. "Ordering changes and modifications (Alameda Marina Village Assessment District 84-3)." This matter was held over at the request of the developer. INTRODUCTION OF ORDINANCES 87-254 Ordinance No. N.S. "Amending Title XVII of the Alameda Municipal Code to remove "No Parking" zone on the north side of Bland- ing Avenue west of Broadway." J. Paul Gutleben, 2844 San Jose Avenue, presented a petition for removing "No Parking" signs, and presented pictures of the area. Councilmember Hanna made a motion to introduce the ordinance. Council- member Monsef seconded the motion and it was carried by unanimous voice vote - 5. Mr. Gutleben added that the pilings on the Rusty Pelican restaurant are deteriorating, and Council should have a structural report on that. 87-255 Ordinance No. N.S. "Amending Title XVII of the Alameda Municipal Code to create a "No Parking" Zone on the south side of Clement Avenue west of Park Street." J. Paul Gutleben, 2844 San Jose Avenue, stated he agrees with the pro- posed amendment and believes there should be a red zone at the Honda Motorcycle business from Park Street down to the driveway. Councilmember Hanna made a motion to introduce the ordinance. Council- member Monsef seconded the motion and it was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 87-256 Ordinance No. 2325 N.S. "Repealing Ordinance No. 2224, N.S., relating to Marina Village Assessment District 84-3 Assessment bonds credits." Councilmember Lucas made a motion to adopt the ordinance. Council- member Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 9 NEW BUSINESS 87-257 Councilmember Corica commented on complaint regarding dwelling too close to property line near Mr. Boyland. The Public Works Director stated the matter was being investigated and a report was being prepared. 87-258 Consideration of appointment to the Social Services Human Relations Board. President Diament nominated Susan Ahlquist-Dutcher. Councilmember Lucas seconded the motion and it was carried by consensus of Coun- cil. 87-259 Consideration of appointment to the Recreation Commission. President Diament nominated David Sillers. Councilmember Monsef seconded the motion and it was carried by consensus of Council. 87-260 President Diament stated that an anti-cruising ordinance was needed; that the police had to call in help on a recent weekend; and that the problem reported is not people on the beach but cruising. 87-261 President Diament stated she would like the Written Communi- cations placed at the end of the meetings instead of the beginning; and that would require an ordinance. Councilmember Hanna agreed with the change; Councilmember Lucas expressed agreement also. 87-262 Councilmember Lucas commented that trash receptacles were needed on the streets near the high schools for student use. Councilmember Hanna inquired if the Community Service Officers are involved, and if they educate young people regarding litter. The City Manager commented he would report back, and that perhaps there should be joint funding with the school district. President Diament stated that would be a good request to put before the School District; and Councilmember Lucas agreed. 87-263 Councilmember Corica commented that the stop light at Santa Clara and High Street is longer than before. The Public Works Director noted it was a Traffic Advisory Committee issue to set the light at 25 seconds to allow time for persons to back out of driveways on High Street and to allow more time for the Montesorri School children to cross, and was to be done on a trial basis; that it had later been reduced to 15 seconds. Councilmember Hanna stated it should be checked as it was currently longer. Councilmember Corica stated there is a button to aid the school chil- dren to cross. 90 87-264 The City Manager stated that staff was exploring an ordin- ance which would make it a misdemeanor to play radios at a level that would be heard at a distance that was not yet determined. Councilmember Corica commented he believed Oakland had such legisla- tion for the area at Lake Merritt. 87-265 Lou D'Amelio, Pay-Tel distributor of A.T.& T. pay telephones, expressed a desire to participate in the study regarding pay_tele- phones for the City (with reference to paragraph *87-204), and offered the service and expertise of his company. The City Manager noted that the subject was beginning to be explored and he would like to come back to Council with a report. 87-266 John Barni, Jr., 875 Island Drive, noted that time will be up regarding 801 Island Drive in August and notice should be served. The City Manager stated that he would send a letter of notice that the time will expire in August. ADJOURNMENT President Diament noted the April 21st meeting would be adjourned to April 28 because of the election on April 21st. The City Clerk responded that she would adjourn the meeting of the 21st of April. President Diament then adjourned the meeting at 12:40 a.m. Resnectfullv submitted, 6 - DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance, in accordance with the Brown Act. 9O! ADDENDUM TO MINUTES OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD APRIL 7, 1987 The City Council held a Closed Session at 7:05 p.m., prior to the regular meeting of the City Council April 7, 1987, to discuss the cases of Clark v. City of Alameda and City of Alameda v. Mitcheom. Respectfully submitted, Diane B. Felsch, City Clerk