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1987-07-07 Regular CC Minutes172 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD - - - - - - - - - TUESDAY - - - - - - - JULY 7, 1987 The meeting convened at 7:30 p.m. (at the conclusion of the Housing Authority Commission meeting) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Monsef. Reverend Russell Palmer gave the invocation. ROLL CALL - Present: Councilmembers Camicia, Haugner, Monsef, Thomas and President Corica - 5. Absent: None. MINUTES Ccunciiliam er Thomas made a motion for approval of the minutes of the Regular Council Meeting of June 16, 1987. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and Thomas - 4. Noes: None. Absent: None. Abstentions: President Corica - 1. CONSENT CALENDAR President Corica announced that Item 1 -M, at the request of Charles Tillman, 1215 Roosevelt Drive, and Items 1 -C, 1 -G, 1 -L, 1 -P, 1 -Q, 1 -R, and 1 -X at the request of Councilmember Thomas, will be removed from the Consent Calendar to the regular agenda. Councilmember Camicia moved for adoption of the Consent Calendar, with the exception of Item No. 1 -M regarding loans and Repayment Agreement concerning the Alameda Community Improvement Commission (See 87 -486), 1 -C regarding Police Department Tow Contract (See 87 -483), 1 -G regarding Grant Agreement with Economic Development Corporation of Alameda (See 87 -484), 1 -L regarding vacation of portion of Park Street (See 87 -485), 1 -P regarding Parcel Map No. 5102 (See 87 -487), 1 -Q regarding Parcel Map No. 5157 (See 87 -488), 1 -R regarding Parcel Map No. 5158 (See 87 -489), and 1 -X regarding approval of Bills (See 87 -490). Councilmember Monsef 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 *87 -455 From the Public Works Director recommending Acceptance of the Improvements and Release of Bond for Tract 5527, Lighthouse Cove. Accepted. *87 -456 From the Public Works Director recommending Acceptance of the work by Darcy & Harty Construction, Inc. for Encinal Boat Ramp ReFtrcTn Reconstruction. Accepted. 173 RESOLUTIONS *87-457 Resolution No. 11220 "Authorizing allocation of funds from the Dwelling Unit Tax Account to provide for developing architectural drawings for the Bicycle Staging Area at Peach Street and Bridge View Isle." Adopted. *87-458 Resolution No. 11221 "Providing for the amount per diem for officers and employees of the City of Alameda for traveling expenses." Adopted. *87-459 Resolution No. 11222 "Amending City of Alameda Resolution No. 11182 to designate that Measure B Sales Tax funds be used for Constitution Way, IIIA. Adopted. *87-460 Resolution No. 11223 "Authorizing Execution of Grant Agreement with Bay Area Community Services, Inc. (BAC) for pre-vocational skills training for adults with psychiatric history for Fiscal Year 1987-88." Adopted. *87-461 Resolution No. 11224 "Authorizing execution of a Grant Agreement with the Alamedans with Housing Opportunities Provided Equally for housing counseling, fair housing and shared housing services for Fiscal Year 1987-88." Adopted. *87-462 Resolution No. 11225 "Authorizing execution of a Grant Agreement with Alameda Main Street Project for commercial revitalization services for FY 1987-88." Adopted. *87-463 Resolution No. 11226 "Resolution of Intention to Require Street Improvements on Maitland Drive between Melrose and Fitchburg Avenues, and setting date and time for public hearing." Adopted. *87-464 Resolution No. 11227 "Adopting plans and specifications and calling for bids for repair and resurfacing of certain streets, Phase 9, No. P.W. 6-87-15, and directing City Clerk to advertise same." Adopted. *87-465 Resolution No. 11228 "Authorizing execution of agreement between the City of Alameda, Park Street Business Association and Alameda Property Maintenance to clean sidewalks on Park Street." Adopted. INTRODUCTION OF ORDINANCES *87-466 Ordinance No. N.S. "Amending the Alameda Municipal Code to establish the intersection of Fifth Street and Buena Vista Avenue as an all-stop intersection." Introduced *87-467 Ordinance No. N.S. "Amending the Alameda Municipal Code to create "No Parking" Zone on the south side of Buena Vista Avenue West of Webster Street." Introduced. 174 *87-468 Ordinance No. N.S. "Amending the Alameda Municipal Code to Establish a left-turn prohibition for the driveway at McDonald's Restaurant on Shore Line Drive." Introduced. *87-469 Ordinance No. N.S. "Amending the Alameda Municipal Code to establish a twenty-five mile-per-hour speed limit for Marina Village Parkway." Introduced. *87-470 Ordinance No. N.S. "Amending the Alameda Municipal Code to designate Sea View Parkway as a 'through highway." Introduced. * * * * * * * * WRITTEN COMMUNICATIONS 87-471 From Telephone Pioneers of America, 180 New Montgomery Street, Room 820, San Francisco, regarding installation of "Assistive Listening System" in the Council Chamber for public use. Connie Powell, President of the East Bay Council of the Telephone Pioneers of America, made a formal presentation of the System which permits individuals with hearing aids to listen directly from the public address system through the wiring and units donated by the organization. President Corica expressed appreciation. Councilmember Camicia made a motion to accept the communication, with gratitude, Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-472 From Chuck Snyder, 9 Courageous Court, President, Marina Village Homeowners Association, regarding trash from the Alameda Flea market. President Corica stated the matter has been addressed, and inquired whether or not Mr. Snyder is satisfied with the steps that have been taken. Mr. Snyder responded that the homeowners appreciate what has been done and will give the matter time to see if the steps taken are effective. Councilmember Monsef made a motion to accept the communication and Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-473 From Elizabeth Rogers, 1261 Weber Street, volunteer in Household Hazardous Waste Program Collection, expressing her appreciation for the program, and urging the City's further participation. President Corica stated the program was a very good one and that he believes it should be done twice a year. Councilmember Thomas made a motion to accept the communication and Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-474 From Rosalie B. McPherson, 1128 Marianas Lane, Alameda Alliance of Homeowners, regarding the Measure B one-half cent sales tax. Mrs. McPherson submitted her remarks in written form to Council; stated Homeowners had the following questions: 1) How is the Council going to use these funds, 2) Is Council to develop a list of projects and priorities, and 3) How are funds going to be shown in the budget; stated the Alliance is offering two recommendations to Council for consideration: 1) the scheduling of a public review of the Pavement Management Plan listed on page 110 of the proposed budget and approved by the City Council in 1982, and 2) the 1/2 cent sales tax budget be set up in the current budget in the same form as the gas tax budget, as it should be carefully monitored. Fred Scullin, 1120 Chestnut Street, stated that the text of Alameda County Measure B provides for an appointed transportation authority who is to have sole power to determine how the funds should be spent; and he believes that it is extreme power for a non-elected body to be sole power over such a very large amount of money. Councilmember Monsef made a motion to accept the communication and Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 87-475 Consideration of an Interim Ordinance prohibiting and suspending issuance of building permits for construction on certain properties that are inconsistant with proposed zoning. Location: Fernside Blvd., Gibbons Drive and High Street On the call for proponents, the following spoke: Antoinette Carboni, 2131 Fernside Blvd. On the call for opponents, the following spoke: Fred Martini, 20254 Meadowlark Drive, Castro, Valley, property co-owner Claire Cepollina, 983 Glen Drive, San Leandro, property co-owner John Barnard, 1134 Ballena Blvd., attorney for owners Councilmember Camicia inquired if there is a sale or tenancy pending on the matter, to which Mr. Barnard responded there is not. The public portion of the hearing was closed. Following a brief discussion, Councilmember Monsef stated there was no problem with the City Attorney's recommendation to extend the moratorium for 45 days, and moved for introduction of the ordinance. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Haugner moved to take the ordinance out of order. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87 -476 Ordinance No. 2350 N.S. "An interim ordinance prohibiting and suspending issuance of building permits for construction on certain properties located at Gibbons Drive, Fernside Boulevard and High Street, that are inconsistant with proposed zoning." Introduced and adopted. Councilmember Monsef made a motion to introduce and adopt the ordinance. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87 -477 Consideration of General Revenue Sharing for Fiscal Year 1987 -88. 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 Monsef made a motion to accept the recommendation. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87 -478 Consideration of Proposed Operating Budget and Capital Improvements /Gas Tax Budgets for Fiscal Years 1987 -89. Councilmember Thomas stated she is concerned about adopting a two -year budget when the Charter refers to a budget for an ensuing year. The City Manager responded that the City Attorney stated to prior Council that it would meet Charter requirements if Council annually appropriates funds and reviews the budget according to the process; and added that the budget is basically a planning document. Councilmember Thomas stated she agrees with long term planning but does not believe Council is authorized to do it in the form of a budget. President Corica commented he shares the same belief, had voted against the two year budget, and suggested Council go ahead with the hearing and come back at the next meeting to decide whether or not it should proceed with a two -year budget, when the City Attorney is present to discuss the matter. 177 Councilmember Camicia stated he would appreciate information on background of reasons for 2-year budget as opposed to 1-year budget. The public portion of the hearing was opened. On the call for proponents, the following spoke: Ed Clark, West Alameda Business Association Bill Withrow, 133 Cumberland Way On the call for opponents, the following spoke: Michael M. Hoppe, 1703 Grand Street, Alameda Firefighters Assoc. Steve Dossey, 1430 Mandarin Court, Alameda Firefighters Union Tcc-,1 con Michael E. D'Orazi, Alameda Firefighters Association Patrick J. Paich, 2401 Encinal Avenue Richard Kennon, Alameda Firefighters Association Other speakers who commented on the hearing subject: Richard Roth, 1417 5th Street Rosalie McPherson, 1128 Marianas Lane Charles Tillman, 1215 Roosevelt Drive Fred Scullin, 1120 Chestnut Street Councilmember Thomas commented her first concern is in response to the Fire Department's request for overtime on an interim basis, and inquired if there is money to do that, to which the City Manager responded there is. President Corica inquired where money could be appropriated for additional firefighters, to which the City Manager responded there could be deletions from ongoing programs, or reduction of capital projects and he would provide a list for Council. Councilmember Thomas requested a report from the Fire Chief regarding manpower increases and proposed overtime. Councilmember Haugner suggested a study be made. Councilmember Camicia voiced agreement. Councilmember Monsef noted there was a previous review of the Fire Department and he was not convinced that if there was a serious fire in Alameda, there would be any real shortage in fighting that fire; inquired what is a basic level of service; and noted perhaps a mistake was made in not going with the County for ambulance service as cost problems were predicted. Councilmember Thomas stated that past Councils have bought that now cannot be manned, the City is growing, the older areas are the ones that will suffer, believes equipment should be staffed, that if overall study is desired, she will agree, and 178 suggested possible study of Police Department, and City Council's budget also, but believes Council should make a good faith effort to perhaps hire 5 firefighters on a temporary basis for a year while there is a study, or perhaps a large overtime budget, but must also adhere to what prior Councils have done in purchasing, storing and using equipment. Councilmember Camicia stated that there is no substantial jeopardy, the loss of use of that equipment does not damage severely the ability to fight fires and protect public interest, and a study is helpful for long-term but Council must decide how many firefighters are needed. President Corica stated Council must decide this year and agreed with Councilmember Thomas regarding the increase in population, and thaL the Fire Department will be spread out further and made to cover more area. The City Manager stated revenues of $48,000 are available this year. Councilmember Camicia requested background information on two-year budgets, and a report on a range of impact for hiring different numbers of firefighters as discussed. President Corica noted that if Council is discussing additional manpower, overtime must also be reviewed. Fire Chief Quarante commented that interest is shown by Council on how hiring can be paid for, stated that in 1986-87, the Fire Department has $243,000 from the ambulance program and perhaps the revenue from the ambulance service could be earmarked for restaffing 12 people taken from fire suppression for the ambulance service; stated that the number of firefighters has been reduced due to Prop 13 and to the ambulance service and is at an unacceptable level of risk; answered inquiry if there were any serious incident due to shortage, stating it has only been one year since engine has gone out of service and it is only a matter of time; and believes 7 pieces of equipment should be manned. Councilmember Thomas emphasized the point that with 102 persons in 1980, there was no income from the Fire Department but that now there is $243,000, with none of that income returned to the department. The City Manager stated there is a committee working on siting and designing a fire station on Bay Farm Island this year for building next year. President Corica commented that he would like the Police Department to have a canine unit, that some surrounding cities have canine units and believes Alameda should; that it would be a tool for the Police Department and would increase safety for Alameda citizens. 179 Councilmember Haugner stated she discussed canine units with San Leandro police lieutenant; that they provide protection for the police and are mainly used in search and arrest; and thanked President Corica for mentioning it, saying she believes it to be an excellent idea, and worth finding money for such a program. Councilmember Thomas stated she went with a tactical canine unit in Oakland on a number of matters one day; reviewed some of the incidents, remarks of police involved, and legal aspects, and stated she believes a canine unit to be very beneficial. Councilmember Camicia stated perhaps the money for the canine unit should be used for looking for better applicants for police department. President Corica stated there were 125 applicants recently but it is a matter of people meeting the requirements of the Police Chief. Councilmember Thomas questioned the necessity of hiring a risk manager; that perhaps money should be used to repair the areas that are causing many claims that come in i.e., cracks in sidewalks; that perhaps an insurance underwriter on an hourly basis should be considered. The City Manager noted that most cities do have risk managers. Councilmember Haugner stated she believes risk manager would be valuable for City. The Assistant City Manager reviewed functions that a risk manager would perform. Councilmember Monsef stated he believes cities benefit in the long-term from having a risk manager. Councilmember Thomas stated she would like a list of the claims actually paid out, the amounts paid, and the kind of items on which City has paid, as it may be the City should have risk manager, but she would like to review the need. President Corica closed this portion of the hearing, stating it would continue on July 21. REPORTS AND RECOMMENDATIONS 87-479 From Assistant City Manager regarding United Cable Television's rebuild in the underground areas. Councilmember Camicia stated there was a meeting with Cable and homeowners, which he put together, at which several questions were raised, and a number of conclusions reached. Steven H. Brandt, 42 Purcell Drive, Brittany Landing Harbor, stated he anticipated installment of Cable in their development, installation was done very well, does not object to boxes in place. 180 Pam MacKenzie, General Manager of Cable, stated the issues raised previously were insuring the technical quality of the system, protecting aesthetics of the communities, not impacting maintenance fees and not impacting homeowners' liability; that based on industry standards, electronic devises must be housed aboveground; Cable is working with the residents and homeowner organizations, and received approval from some homeowner organizations; reviewed easement matters and changes Cable made pursuant to discussion and requests, and is submitting papers for City Attorney's review for benefit of residents. Mark Harrigan, Chief Engineer, United Cable, stated a letter has been put together explaining underground enclosures, that in Foster City, in the system, built with flush mounts, the corrosion became so severe that the leakage nearly caused shutdown by the FCC; and showed slides of the junction boxes compared to the large junction boxes in the same area placed by utility companies. Herb Severn, P.O. Box 2543, inquired if the system had improved since a few years ago when there were computer problems, to which Mr. Harrigan responded there was great improvement. George Livergood, 22231 Mulholland Highway, Woodland Hills, technical consultant, President of Lambda Communications, offered his credentials and experience with Cable television systems in many coastal cities similar to Alameda; stated service calls were five times greater with flush mounted pedestals than above-ground boxes; stated a system with flush-mounted pedestals would steadily deteriorate for a life-time of 5 to 7 years, then every component would have to be rebuilt; that when the electronic components deteriorate, they leak signals, and the aircraft navigation and department of defense at NAS, could be affected by signal leakage. Gerhard Degemann, 19 Sandpiper Place stated that Clipper Cover Homeowners do not agree with above-ground boxes; and urged Council get a moratorium against Cable and hold a public hearing. Alan Mitchell, 9 Sandpiper Place stated he enjoyed Cable when he lived on the main island, has no problem with a pedestal hidden away in shrubbery on his property; would be willing to sign an easement and would like Cable to be allowed to proceed. D. K. Templeton, 376 Channing Way, Clipper Cove Homeowners Association, stated homeowners met with Cable some time ago, suggested delay, Cable halted construction and re-engineered system to allow homeowners' placement specifications; when they returned with ability to place pedestals in different locations, the association approved proceeding with installation; that at last Tuesday's meeting all issues were aired and two things resulted: 1) an improved easement document is needed, and 2) reaffirmation came from Cable to work with homeowners regarding location and aesthetics; homeowners preferred underground but have accepted alternative placement, and do not feel a moratorium would serve anyone's best interest. 181 Bill Withrow, 133 Cumberland Way, President, Board of Directors, Homeowners Association of Harbor Bay Isle, urged Council not approve moratorium, but encourage Cable through the Oversight Committee or some other vehicle, to continue their efforts to maintain a close dialogue with the residents of the community, and minimize effects upon the community. Don Silverman, 353 Capetown Drive, Clipper Cove, stated he receives good service from Cable, the pod is acceptable to him and most of his neighbors; that even if undergrounding is technically possible, the cost would cause increased fees for all subscribers. Allan Justus, 353 Channing Way, states he does not want Cable service, and does not think it's a good idea. Scott Granger, 215 Basinside Way, stated he is a homeowner whose main concern is that there are problems of notification of installation. Councilmember Camicia stated that most people seemed, at the meeting regarding Cable, to be agreeable to the boxes placed on their properties, however there was concern about the easement, and he suggested United submit a sample agreement to the City for review by the City Attorney, so residents would not need to hire private attorneys, and there was also a question as to liability regarding boxes on the private property and whether United would have the financial capability to cover liability. Pam MacKenzie, General Manager of United Cable, stated that the agreement language incorporates the liability issue and specifically addresses the issue of holding the homeowner harmless, and adds them as indemnified with regard to the easement agreement. The Assistant City Manager noted that the Cable analyst in Denver stated that United Cable has assets of $50,000,000. Councilmember Thomas stated that United has limited partnership, therefore the net assets belong to the parent corporation; that prior Council a few years ago, had to give concessions because Cable had no money and could not get any from the parent corporation. President Corica stated that Cable had a $75,000,000 line of credit with the Bank of Boston, which is supposed to have been increased. President Corica requested information on whether there are any places in the country that boxes are put underground, and more about the technology involved. Councilmember Thomas stated that Ordinance No. 2065 states that where public utilities are underground and where it is technologically feasible, they must be underground, and therefore the question is whether or not it is technologically feasible for the Cable electronics; believes the City needs its own expert; that there is a need to find out if other cities have it, what is the difference in cost of what City has and what it could have; adding she believes that residents who do not subscribe have a right to have their property free of the pedestals; and noted that, if they are a hazard, the City can require the pedestals be moved. Councilmember Monsef stated he believes the report is a good one and made a motion to accept the report and set a public hearing for July 21, 1987. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-480 From Public Works Director regarding State Route 61 Concept Planning, including cross-airport roadway. The Public Works Director explained details of the concept and the agencies involved, noted that staff has opposed the concept with Cal-Trans informing them that through traffic in Alameda is not wanted; addressed the cross-airport roadway, and recommended the public be made aware now, that Council and public comments and ideas be solicited, and that residents be notified and a public hearing held. Councilmember Thomas stated it would be a good idea to have a hearing. Fred Scullin, 1120 Chestnut Street, stated that he does not know why the cross-airport roadway is included in the report since it is not a part of the State Route 61 Concept; and that the report on the Concept was published a year ago, and he believes the report is now being released because of possible monies coming to the City at some time in the future, and sees a competition between Doolittle and the cross-airport roadway. Rosalie McPherson, 1128 Marianas Lane, Homeowners Alliance complimented the Public Works Director and Council for bringing the matter to public attention and doesn't believe public funds should be used for the cross-airport roadway, other than the 1/2 cent sales tax already allocated. John Scott Graham, 1728 Tregloan Court, agreed with the Public Works Director, and stated it is his opinion the Concept is a smokescreen, that a portion of the concept is a remnant from the old Southern Crossing, to which the Public Works Director stated he believes that a portion is a remnant Cal-Trans has from the old Southern Crossing Plan, and that is why staff has gone on record to state that it is definitely not to be considered. Councilmember Monsef stated the Public Works Director has done a good job, and moved to accept the report and recommendation and that Council go on record strongly opposing the expansion of Route 61, as the City does not want through traffic through Alameda. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-481 From Public Works Director recommending Signal Timing Modification be made permanent at the intersection of High Street and Santa Clara Avenue. 183 The Public Works Director reviewed the matter for Council. David Plummer, 1401 High Street, expressed his concern for small children, bicyclists, women with baby carriages, etc., who had difficulty crossing High Street, and urged Council accept the Public Works Director's recommendation. Councilmember Monsef made a motion to accept the report and recommendation, Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-482 From Public Works Director regarding parking controls at 2171 San Antonio Avenue. Cuiiuener Thomas made a motion to accept the report and recommendation, Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-483 From Finance Director regarding Police Department Tow Contract. Councilmember Thomas stated she is basically concerned that local preference be given in the hiring of people and asked if it were taken into consideration at this point, and also inquired about the feasibility of using a rotational system as the Highway Patrol does. The City Manager responded local preference is still in effect and that Ted & Joe's also has more local storage space for the big rigs. Councilmember Thomas moved for acceptance of the report. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 87-484 Resolution No. 11229 "Authorizing execution of Grant Agreement with the Economic Development Corporation of Alameda for financial and technical assistance to small businesses in FY 1987-88." Adopted. Councilmember Thomas commented that the Economic Development Corporation can do more if Council gives it proper tools to work with; requested that something be done to avoid the loss of the Wells Fargo Bank from Webster Street, that the building is beautiful, possibly Bank of America would relocate into it, and perhaps some encouragement or incentive could be given to attract some bank to go into that building. Councilmember Haugner agreed that the Wells Fargo Bank is a historic building and beautiful building and should be preserved if possible. Ron Gerber, Executive Vice-president of the Economic Development 1.84 Corporation of Alameda (EDCA) , stated that the idea of trying to attract another financial institution to the Wells Fargo Bank building is an excellent one; that he has talked with Wells Fargo representative in the San Francisco office who is in charge of the disposition of Wells Fargo buildings in California, that perhaps the best way to proceed is to contact the listing broker from Coldwell Banker, and let them know the City's interest and recommendation, and contact local institutions to let them know that it would be an excellent location for them and if there is anything financially or technically that the EDCA can do, it will. Councilmember Thomas stated Ed Clark had faced a particular situation in which he found it difficult to get permission of a landlord to paint a building even at his own expense, and wondered if there is something Council could do to help when tenants want to pint and owners are reticent. Mr. Gerber stated he has worked with that problem and perhaps it could be worked on further; that perhaps letters from City Council would help and he could draft letter. Councilmember Thomas inquired, if there are people who would like to paint, could the EDCA help them with loans for painting, to which Mr. Gerber responded affirmatively, and stated he would be glad to get a list of property owners for Council to write to about this matter. President Corica noted the agendas should be shortened some way because it causes the meeting to last too long. Councilmember Thomas made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-485 Resolution No. 11230 "Declaring Intention of Council to order vacation of a portion of Park Street west of the Park Street Bridge approach, fixing time and place for a public hearing, and ordering publication and posting of notices." Adopted. Councilmember Thomas stated she does not believe the City should be giving away another portion of City property and would therefore be voting no. Councilmember Camicia moved adoption of the resolution, Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 87-486 Resolution No. 11231 "Authorizing loans to, and the execution of a Repayment Agreement with, the Alameda Community Improvement Commission." Adopted. President Corica noted this item had been pulled by a citizen no longer present at the meeting. Councilmember Camicia made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87 -487 Resolution No. 11232 "Approving Parcel Map No. 5102 for Division of Lot 3 of Parcel Map 4340, permitting recording thereof, and finding said Parcel Map consistent with the City's General Plan (Alameda Marina Village Associates and Alameda Marina Center Associates, subdividers)." Adopted. Councilmember Thomas commented that she had pulled the three Parcel Map Items 87 -487, 87 -488 and 87 -489 from the Consent Calendar because she has not seen any evidence of notices going to the owners, and has a problem of making finding of consistency with a valid General Plan because the City does not have a valid General Plan; that the City does not have the required Housing Element which was required to be revised in 1985, nor the specifics required; and believes there should be a valid General Plan before making findings of consistency; and disagrees that the matter can be handled by Parcel Maps because they are zoned to allow residential use. Councilmember Camicia made a motion to adopt the resolution. Councilmember Haugner seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, and Monsef -3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. 87 -488 Resolution No. 11233 "Approving Parcel Map No. 5157 for division of Lot 4 of Parcel Map 4949, permitting recording thereof, and accepting certain dedicated easements. (Alameda Marina Village Associates, subdividers)." Adopted. Councilmember Thomas stated her concerns are the same as stated on the previous item. Councilmember Monsef stated there is a General Plan. Councilmember Thomas stated it was required by law to be updated by 1985; that the law is made for a reason, which is to provide for the housing needs of the people, and doesn't believe Council can address that adequately without appropriate update as required by the State. Councilmember Monsef stated perhaps we should do it. The City Manager stated the draft of the Housing Element has been submitted to the State and staff will be bringing it back to Council regarding housing, that for consistency, any actions related to downzoning, subdivision etc., cannot be undertaken, but that other cities in California have General Plans not updated. Councilmember Thomas expressed concern that someone could come in and challenge the City on that basis. Councilmember Camicia moved adoption of the resolution, and stated he hoped Council could address the issue under new business. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 87-489 Resolution No. 11234 "Approving Parcel Map No. 5158 for division of Lot 1 of Parcel Map 4949, permitting recording thereof, and accepting certain dedicated parcels and easements. (Alameda Marina Village Associates, subdividers)" Adopted. Councilmember Camicia moved adoption of the resolution, Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 87-490 Approval of Bills. Councilmember Thomas stated the bill she is objecting to is the Brobeck bill; that the City Attorney with authorization of Council, can hire outside Counsel, but she does not believe the City Manager has that authority and suggested Council defer until the City Attorney returns, and approve the rest of the bills. The City Manager stated he has no problem with that, that he would be glad to defer the bill. Councilmember Camicia stated he would move acceptance of the bills. Councilmember Thomas stated she would like to go into an analysis of the Brobeck bill; that she had asked the matter be deferred until the City Attorney is present. President Corica suggested it be held until the City Attorney is present. Councilmember Thomas suggested that the motion be amended to accept all bills with the exception of the Brobeck bill. Councilmember Haugner seconded Councilmember Camicia's motion. Councilmember Thomas stated, if it is to be accepted, she would like to go into discussion on the Brobeck bill. President Corica suggested holding the matter over until the City Attorney is present. Councilmember Thomas stated that the Brobeck bills come in as attorney bills, that there was authorization for $10,000 for transportation planning, and there is an ethics problem in replacing attorney description with planning in billing. Councilmember Camicia called for the question. 137 The motion for the List of Claims, certified by the City Manager as correct, was carried in the amount of $2,654,235.54 by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef, and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 87-491 Resolution No. 11235 "Authorizing transfer of funds from the Underground Tank Replacement Project to the City Hall Building Project." Adopted. President Corica commented that he is more comfortable having this go into the General Fund and when something is ready to be done, the money can be requested. Rosalie McPherson, 1128 Marianas Lane, stated she had a question regarding the underground tank replacement and monitoring and asked if the City had a program for that. The City Manager stated it does, it is required by State law and administered and monitored by the County; that no tanks at this point show any leakage, and that the County is monitoring City and private tanks. Councilmember Haugner made a motion to adopt the resolution, Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-492 Resolution No. 11236 "Authorizing a Request for Proposals to provide pay telephones for the City and directing City Clerk to advertise same." Adopted. Councilmember Monsef made a motion to adopt the resolution, Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 87-493 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending section 2-321 thereof relating to composition of the Golf Commission of the City of Alameda." James T. Kelkner, 1128 Bay Street, Major General, U.S. Army, retired, stated he is opposed to the proposed amendment. President Corica stated that when Golf Commission was first started, there were ex officios and the Golf Course had been losing a lot of money, with the ex officios the program became very successful, that the enterprise will soon have over a million dollars; believes ex officios would be an asset to the commission as they have been in the past. Councilmember Monsef stated he has always opposed ex officios on any Board and Commission, and therefore will oppose the amendment. Councilmember Thomas made a motion to introduce the ordinance. There being no second, the motion failed. Councilmember Camicia made a motion for denial of the ordinance, Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner and Monsef - 3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. FINAL PASSAGE OF ORDINANCES 87 -494 Ordinance No. 2351 N.S. "An ordinance reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277 New Series; Applicant: City of Alameda; the lots located at 1238, 1241, 1242, 1245, 1311 -1313 and 1312 Versailles Avenue." Adopted. President Corica gave the background of the matter. Richard Ratto, 1312 Versailles Avenue, stated he petitioned the City on March 1, 1987, to downzone property; that he has been asked to wait for others and is required to pay further fees, therefore he requests the City refund his fees and do what it wishes with the other properties. Susan McCormack, 1238 Versailles Avenue, requested Council exclude her property from downzoning; commented on the preservation they are undertaking on their historic house; stated they would have great difficulty in refinancing their home to help preserve it for posterity, without the C -1 designation; commented they had submitted fifty signatures earlier and an additional 105 signatures this evening requesting their property be excluded from downzoning; that the home is soon to be the 20th City Monument, and believes they should be allowed to have property excluded from downzoning. Jack Dixon, 1134 Ballena Blvd., stated downzoning was interjected after the first motion on the Ratto downzoning request, Council seems concerned with preservation of neighborhood, Council and neighborhood interest would be better served by rezoning on other properties and delaying rezoning on McCormack property as they should be allowed to continue their restoration project; that delaying would allow Council opportunity to review that particular property, and would allow McCormacks to continue their restoration; and the property can always be rezoned later if Council wishes. Robert Pratt, 1241 Versailles stated Council's vote supported recommendation of the Planning Department; that if petition was considered at hearing, it would have been found that many signatures for downzoning were obtained by deceit; and urged Council to let its first vote stand, allowing downzoning of Mr. Ratto's property and all other property to remain as it is unless requested by the property owners, and a review of current signatures would show it is the will of the neighborhood. Woody Minor, 777 Taylor Avenue, Historical Advisory Commission, stated the house is perhaps the oldest in Alameda, that if the only way to restore is under C -1, the Historical Advisory Commission is 189 concerned about the restoration of the building and if the neighbors don't have a problem, then the Commission would like to see the restoration made. Patrick Erwin, 1234 Versailles Avenue, stated that the Bed and Breakfast is fine but he believes that C-1 is inappropriate for the neighborhood; a compromise would be to allow them to continue with Bed and Breakfast as they are doing an excellent job in working on the house but that it be downzoned for the neighborhood. Dennis Stradford, 1222 Versailles Avenue, stated it is a difficult question for all, does not object to Bed and Breakfast but wants the downzoning, so that no other business would be able to come in. Councilmember Haugner commented that by ordinance, the bed and brdkidst must have an N designation and if it were destroyed, it would no longer have an N designation or be a bed and breakfast. Councilmember Camicia moved for final passage of the ordinance, and Councilmember Haugner seconded the motion. President Corica stated there was interest in seeing what compromise there could be, if what the McCormacks have is suitable and no one objects to the way it is now, if there could be some legal restriction saying it must stay as it is now, then he would be a little more comfortable. The Planning Director responded that rezoning would allow them to continue the uses they already have established into the future. Mr. Dixon stated legal non-conforming use works only if the building is not destroyed and that is what affects the ability to refinance; that the City and neighborhood could be offered ironclad protection against increased use over what now exists, but at the same time, continue C-1 zoning which would allow the McCormacks their financing and allow the continuation of this business which is necessary to the financing entities, giving the City and the neighborhood what they want without affecting the refinancing. Councilmember Camicia stated that he could not vote without considering Mr. Dixon's contention that it might be possible to do what Council wants to do, and also get the McCormacks their financing so they can do what they want to do. The City Manager noted that if the building burned down, they would lose the N designation anyway. The vote on the motion was as follows: Ayes: Councilmembers Camicia, Haugner, and Monsef - 3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. 8/-49 ordinance No. N.S. "Amending the Alameda Municipal Code by amending Section 1-521(a) thereof to authorize enforcement of zoning violations by the Chief of Police." Tabled. President Corica stated he did not see the need of putting more duties of this nature on the Police Department; and stated he would not vote for this as he believes the matter can be handled by a letter from Council. Councilmember Haugner stated she wants Winner Ford to realize they cannot act as they have and if a letter from Council can handle the matter, she will withdraw her support of the ordinance. President Corica stated that he would write a letter to them. Councilmember Camicia commented that the matter could always be reconsidered, to which President Corica agreed. Councilmember Monsef made a motion to table the ordinance, Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87 -496 Ordinance No. N. S. "Amending the Alameda Municipal Code by amending Section 18 -311 thereof relating to defacement of public property." Tabled. Councilmember Thomas stated this ordinance is a little different from the previous one as there are other occasions where this can be used; that some things are omitted; suggested, since the first one was tabled, perhaps this one could be tabled and amendments made to add such items as bus stop street furniture, and Park and Webster Street directories, so that it will not be necessary to come back each time to add another item to the ordinance. Councilmember Thomas made a motion to table the ordinance, Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. NEW BUSINESS 87 -497 Councilmember Camicia stated that homeowners at Clipper Cove had a problem with mildew and requested that the staff work with a resident, Mr. Richard Wacht, present at the meeting, and prepare an informal report for Council to review, and agendize the matter if necessary. Mr. Richard Wacht, 15 Sandpiper Place, Clipper Cove, submitted a photograph of a home, 2 years old, which has mildew problem, as an example of the problems in many homes in the area. President Corica requested that the Chief Building Inspector be assigned to obtain a sampling at the problem area to see if there is something faulty or illegal. Gerhard Degemann, 19 Sandpiper Place, expressed support of the remarks of Mr. Wacht. 87 -498 Councilmember Camicia requested, with the consensus of Council, that the Mayor's Economic Development Advisory Committee prepare a situation analysis of the problems on Webster Street 1911 business district, report what has been done, and make recommendations or plan for Council, and made a motion accordingly. Councilmember Haugner seconded the motion, which was carried by affirmative votes. Councilmember Thomas questioned the appropriateness of voting as it is not on the agenda, to which Councilmember Haugner stated this is only a motion delegating to an existing commission. 87-499 Consideration of appointments to the Historical Advisory Commission. President Corica nominated Robert DeCelle for reappointment to the position of member of the Historical Advisory Commission. Councilmember Monsef seconded the nomination and it was carried by consensus of Council. President Corica nominated Naomi Hatkin to the position of member of the Historical Advisory Commission. Councilmember Monsef seconded the nomination and it was carried by consensus of Council. 87-500 Consideration of appointment to the Civil Service Board. President Corica nominated Thomas C. Brown to the position of member of the Civil Service Board. Councilmember Thomas seconded the nomination and it was carried by consensus of Council. 87-501 Consideration of appointment to the Library Board. President Corica nominated Gertrude Woods for reappointment to the position of member of the Library Board. Councilmember Thomas seconded the nomination and it was carried by consensus of Council. 87-502 Consideration of appointments to the Planning Board. President Corica nominated James Spitzer to the position of member of the Planning Board, for completion of the term vacated by Councilmember Camicia. Councilmember Thomas seconded the nomination and it was carried by consensus of Council, with one objection by Councilmember Camicia. President Corica nominated David Templeton to the position of member of the Planning Board. Councilmember Monsef seconded the nomination and it was carried by consensus of Council, with one objection by Councilmember Haugner. President Corica nominated Jessica Persoff for reappointment to the position of member of the Planning Board. Councilmember Monsef seconded the nomination and it was carried by consensus of Council. 87-503 Consideration of appointment to the Public Utilities Board. President Corica nominated William M. McCall Sr. to the position of member of the Public Utilities Board. Councilmember Thomas seconded the nomination and it was carried by consensus of Council. 87 -504 Consideration of appointments to the Social Service Human Relations Board. President Corica nominated William McConnell for reappointment to the position of member of the Social Service Human Relations Board. Councilmember Camicia seconded the nomination and it was carried by consensus of Council. President Corica nominated Susan Ahlquist- Dutcher for reappointment to the position of member of the Social Service Human Relations Board. Councilmember Thomas seconded the nomination and it was carried by consensus of Council. 87 -505 Discussion of conditions in the UDAG Loan Agreement with Alameda Marina Center Associates regarding loan security. Fred Scullin, 1120 Chestnut Street, stated there had been no appraisal when he attended the Planning Board meeting, and asked if one had been filed with the City Clerk, to which the City Manager replied it had not been, but he would supply one. Councilmember Thomas stated she would like to read the appraisal. Joseph Seiger, Vice - president, Alameda Marina Village Associates, stated the reason the appraiser is being used is because he has been on the project and made the appraisal not for AMCA but for Interstate Bank and for a life insurance company lender, and the appraiser was used because he was familiar with the property and is not a Marina Village appraiser; and added that UDAG funding was obtained after considerable effort on their part, for the benefit of the City, that when UDAG is repaid, all of the money does not go back to the Federal Government, but to the City, and is not a desireable loan because of its very high interest rate. Councilmember Camicia made a motion to accept the recommendation. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. ADJOURNMENT Mayor Corica adjourned the meeting at 1:34 p.m. Re'.pectfully subm DI s E B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance, in accordance with the Brown Act.