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1987-01-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JANUARY 6, 1987 The meeting convened at 7:35 p.m. (at the conclusion of the Closed Session (to consider the Workers Compensation claim of Steve Jones and the cases of Shevitz v. City and Lofstrand v. City), and the Housing Authority meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Hanna. Reverend John Foley gave the invocation. ROLL CALL Present: Councilmembers Corica, Hanna, Lucas, Monsef, and President Diament. MINUTES Councilmember Corica made a motion for approval of the minutes of the Regular Council Meeting of December 16, 1986, and the Special Council Meeting of December 22, 1986. Councilmember Monsef seconded the motion. The motion was carried by the following voice vote: For the Regular Council Meeting of December 16, 1986, unanimous voice vote - 5. For the Special Council Meeting of December 22, 1986, Ayes: Councilmembers Corica, Hanna, Monsef, and President Diament - 4. Noes: None. Abstentions: Councilmember Lucas - 1 (Due to absence on December 22.) CONSENT CALENDAR President Diament announced that Item 1-B regarding audited financial statements will be held over. Fred Scullin, 1120 Chestnut Street, requested that Item 1-H regarding the hypothecation for refinancing the rebuild of the Alameda Cable System, be removed to the regular agenda. Councilmember Monsef moved for adoption of the Consent Calendar, with the exception of Item 1-H. Councilmember Hanna 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 *87-001 Report on Status of State-Mandated Fire Safety and Exit Program, Title 24, Article 7, of California Administrative Code. Accepted. RESOLUTIONS *87-002 Resolution No. 11080 "Adopting plans and specifications for Marina Village Assessment District 84-3, Project No. 6, Atlantic Avenue Street Improvements, calling for bids and directing City Clerk to advertise same." Adopted. 2 *87-003 Resolution No. 11081 "Awarding contract to Alameda Paving & Excavating, Inc. for construction of Bridge View Isle Storm Drain Reconstruction, and authorizing execution of same." Adopted. *87-004 Resolution No. 11082 "Awarding contract to Gallagher & Burk, Inc. for Patton Way, Phase II, Atlantic Avenue Extension, and authorizing execution thereof." Adopted. *87-005 Resolution No. 11083 "Appointing T. David Edwards as a Trustee of the Alameda County Mosquito Abatement District." Adopted. INTRODUCTION OF ORDINANCES *87-006 Ordinance No. , N.S. Code by adding Subsection (i) thereof relating to regulation of BILLS "Amending the Alameda Municipal to Section 5-171.2 of Title V news racks." Introduced. *87-007 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,510,935.56. *********** WRITTEN COMMUNICATIONS 87-008 From Coalition to Save Our Delta, c/o Committee for Water Policy Consensus, 1485 Enea Court, Suite 1353, Concord, requesting support of, and participation in, the Coalition. Councilmember Lucas stated she believed Council was not sufficiently informed on the subject to make a decision. Councilmember Corica agreed that there should be more information. Councilmember Lucas Councilmember Hanna unanimous voice vote 87-009 From Mary regarding air traffic and noise. President Diament noted that the Port of Oakland is going to neet with citizens this week. made a motion to accept the communication. seconded the motion and it was carried by - 5. Preston, 1140 Verdemar, expressing concern The City Manager stated the meeting would be held at 7:30 p.r, on January 8, 1987, at which time noise monitoring would be discussed, and that he would report back to Council. President Diament noted that the Concorde is visiting again on Thursday and that there have been requests to allow it to fly lower which would provide more noise. Councilmember Lucas stated that Mrs. Preston should be advised of the Thursday meeting and the City Manager said he would so advise. Councilmember Hanna made a motion to accept the communication and to notify Mrs. Preston of the Thursday Port of Oakland meeting. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87 -010 From seventy -two homeowners in the Park Webster condominium complex requesting C -2 PD zoning for the future use of the property where Lucky Stores Supermarket at the foot of Webster Street is presently located. Sue Bonesteel, 1321 Webster D314, owner- resident, Park - Webster condominium complex, addressed Council about concern for the area and requested notice of any proposed building purchase or rental of the Lucky Stores site. Councilmember Lucas inquired if the vacant properties in the vicinity (Consumers, and Foster Freeze sites) were to be included, to which Mrs. Bonesteel replied affirmatively. The Planning Director commented that they could be considered together, and noted that C -2 does not allow manufacturing although it allows a wide range of commercial use. Councilmember Lucas made a motion to accept the communication and to send the matter to the Planning Board to consider a PD overlay to include Lucky's, Consumers and Fosters Freeze sites. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87 -011 From Roger W. Green, 3229 Fairview Avenue, suggesting that Council request AC Transit management provide more adequate commute service to San Francisco. The City Manager reported that, in the hearing held by AC Transit, the problem has been resolved and Mr. Green has been notified. Councilmember Lucas made a motion to accept the written communication, Councilmember Hanna seconded the motion, and it was carried by unanimous voice vote - 5. 87 -012 From Pastor Don Taylor, 2133 Central Avenue, Central Baptist Church, regarding removal of tree for driveway widening. Rev. Don Taylor, 2134 Lincoln Avenue, stated that, to compensate for removal of tree, church has hired landscape contractor and has put in five new trees and some shrubbery; that a former safety inspector was consulted about driveway access, and the church has sprinkler systems and other safety mechanism. Michael R. Owen, 2221 Central Avenue commented that big construction rigs have successfully used driveway, and that other electric poles on street are located at property lines. 4 Stephen Aguirre, 2133 Central Avenue, submitted supplemental memo and pictures depicting problem area to Council. Councilmember Lucas inquired if the width was safe enough for fire service. The Public Works Director said his concern was about people turning out of the driveway, because they could damage the pole or the tree. Councilmember Corica suggested that perhaps a large limb could be removed from the tree. Councilmember Hanna noted that, although removal of the pole would straighten out the angle of the driveway, and moving it 15 feet west would not impact the appearance of the church, but the practical compromise would be to remove the limb from the tree. Councilmember Corica made a motion to accept the communication and try removal of a limb from the tree. Councilmember Lucas seconded the motion. Councilmember Hanna requested amendment to motion to approve the width of the driveway. Councilmember Corica agreed and the motion was carried by unanimous voice vote - 5. 87-013 From Smith C. Anderson, Secretary, Alameda Historical Museum, expressing a residual proprietary interest in the Carnegie Library Building. President Diament commented this request should be filed until a decision has been made regarding the building. Councilmember Corica made a motion to accept the communication. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-014 From Florence Piliavin, American Civil Liberties Union of Northern California, Inc., P.O. Box 955, Berkeley, urging Council to not adopt an ordinance prohibiting the visual display of adult entertainment in public places. Councilmember Lucas made a motion to accept the communication. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-015 From Donald Bloom, Law Offices of Miguel D. Gadda, 5258 Mission Street, San Francisco, expressing opposition to any action banning the Spectator Magazine from the City. Councilmember Lucas made a motion to accept the communication. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-016 From Jerry Jansen, Committee to Preserve our Sexual and Civil Liberties, P.O. Box 1592, San Francisco, suggesting proposal to restrict sales boxes of The Spectator be rejected. 5 Councilmember Lucas made a motion to accept the communication. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 87-017 Hearing regarding proposed Zoning Text Amendment, ZA-86-11, which would amend the Municipal Code relating to vending machine sale of magazines or periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or anatomical areas. Applicant: City of Alameda. The Planning Director explained the matter. Councilmember Lucas asked confirmation that the ordinance was to restrict vending machines but the magazines or periodicals could still be sold in the stores, to which the Planning Director responded affirmatively. Councilmember Hanna inquired if there were many areas to which the vending machines could be relocated, to which the Planning Director replied there were. The public portion of the hearing was opened. On the call for proponents, the following spoke: Florence C. Clegg, 1009 Peach Street. Carrie Francine Matteson, 1110 Park Street, #18. Salvatore Frank Monaco, 2450 Otis Drive. Wilfred H. Hodgkin, 1036 College. Allen D. Payton, P.O. Box 5223, Concord, CA 94524 Bay Area Citizens Against Pornography Maryann T. Santos, 1517 Fountain Street. Bette Sue Schack, 1725 San Jose Ave. On the call for opponents, the following spoke: Bobby Lilly, 1800 Market Street, (San Franciscans Against Censorship Together) James B. Chanin, 3050 Shattuck Avenue, Berkeley, CA Attorney for Spectator Magazine Benjamin Joshua Shaw, 45 Haight Street, San Francisco Stephni Michelle Demarest, 5835 Doyle, Ste. 103, Spectator Magazine Edwina M. Shipp, 495 Ellis Street, #2242, San Francisco. San Franciscans Against Censorship Together) The public portion of the hearing was closed. Councilmember Lucas stated she had heard some comments about censorship, but the Council was not censoring, simply restricting access of people under age eighteen, and does not regard this to be a First Amendment question. 6 87-018 Ordinance No. , N.S. "Amending Title XI of the Alameda Municipal Code relating to vending machine sale of magazines or periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or anatomical areas." Councilmember Lucas made a motion to introduce the ordinance. Councilmember Monsef seconded the motion. Councilmember Hanna stated that Council allocates space for businesses, makes numerous zoning laws for property because of image and impact upon neighbors, and believes this subject comes under the same category; that this business is limited to certain areas of the City just as other businesses are limited to certain areas of the City. Councilmember Corica commented that an opponent of the proposed legislation stated here that they would like to reach an amicable solution, and Council believes it has; that it is not outlawing the publication, but is just trying to make it less available to little children. Councilmember Monsef stated that a speaker had referred to the needs of active adults, and he believed active adults would be capable of locating the material. The motion to introduce the ordinance was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 87-019 From Chairman of the Planning Board regarding the Portola Triangle. William J. Hillery, 660 Westline Drive, urged Council to support the Planning Board recommendation to keep the area for open space. Gertrude B. Woods, 1247 Sherman Street, Alameda Free Library Board of Trustees, stated that nothing has been done to improve the property in the last ten years and the Library Board's opinion is that the property should be reversed back to R-1, sold, and place the proceeds in the library fund. Ernest C. Chase, 833 Portola Avenue, stated the group of retired officers to which he belongs has voted to request that the area be kept as open space and would like the park to be completed. Glenn Plymate, 620 Westline Drive, commented much of the character of residential Alameda has changed, with views gone, traffic increased and other changes, but the land is like a jewel and should be preserved like family jewels. Councilmember Corica made a motion to keep the Portola Triangle as open space and see if there is some way to beautify it at minimal cost to the City. Councilmember Lucas seconded the motion. 7 Councilmember Hanna commented that open space is not needed in this area but good housing is, and the contribution to the library fund would be significant. President Diament agreed and stated that area is opposite a very large open space. Councilmember Lucas commented neighbors would like a quiet park. Councilmember Corica noted there is a low type of evergreen that looks good but will not promote public use. The motion to keep the Portola Triangle as open space and beautify it was carried by the following voice vote: Ayes: Councilmembers Corica, Lucas and Monsef - 3. Noes: Councilmember Hanna and President Diament - 2. Absent: None. 87-020 From City Manager proposing initiation of a two-year budget process. The City Manager commented on the proposed budget process. Councilmember Hanna commented that the proposal was good from the point of view of efficiency, but on the other hand, Council needs review of items in budget at frequent intervals, and stated that annual work sessions would be more helpful than a report so that Council could review items in detail. Councilmember Corica stated that a yearly budget might be a little more flexible and also easier if Council needs to change its mind about something; that the Sunnyvale example of budgeting is based on a background where the City had Silicon Valley revenues and does not have the problems Alameda has; and that he would like the current year-to-year budget process kept the way it is. Councilmember Monsef stated he likes the concept and doesn't believe Council is cut down in activity, but can ask for a review. President Diament stated she doesn't believe Council is losing control but does approve Councilmember Hanna's suggestion regarding work sessions. Councilmember Lucas commented that a long term goal is a benefit to the community. Councilmember Hanna stated that we do have a capital improvements budget which is for five years. Councilmember Monsef made a motion to accept the report and recommendation. Councilmember Lucas 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. 87-021 From City Manager regarding Planning Board consideration of proposed Traffic Management Initiative Ordinance. The City Manager noted the report was requested by Council, and asked the Public Works Director to address the diagrams. The Public Works Director described diagrams on display regarding the anticipated changes in the six intersections analyzed in the traffic consultants report. Councilmember Corica inquired where the ordinance states that the City has to pay for these improvements. The City Attorney replied that there is a line that there must be a good faith effort; that it is one of the ambiguities in the ordinance, and that there is language that can be construed that way. President Diament stated this was the material Council requested. Irvin Hamilton, 318 Central Avenue, stated he is concerned about traffic and also about the initiative; that the initiative deals narrowly without recognizing other effects; that he does not favor congestion, but believes care must be taken that it does not create problems greater than the problem it sets out to correct. Don Dowdell, President, Alameda Chamber of Commerce, stated that the Board of Directors of the Chamber of Commerce net in December and unanimously decided to oppose the initiative; that the decision was not made hastily; they investigated and had input from consultants; that Board is concerned with uncontrolled growth but believe initiative is unrealistic; that exorbitant cost of upgrading intersections would filter detrimentally to business community; and urged Council not adopt initiative. Richard Recht, a principal of Haldrath & Assoc., noted that the initiative has consequences other than traffic, and he believes that it would stop developments in the City such as Marina Village and Harbor Bay Isle Business Park; that the City's projections indicate that the developments would otherwise in the future, generate 20% of revenues of the City which would be lost to the City if current development is terminated; and that the majority of the costs of.servicing the areas (i.e., police and fire) have already been committed so there would not be significant cost savings if the development did not proceed; and requested Council consider these fiscal consequences. James Kell, 5801 Christie Ave, Emeryville, Chairman of Board, JHK & Associates, international transportation consulting firm, stated that Special Report 209, issued by the Transportation Research Board, a member of the research council of the National Academy of Sciences, (Committee on Highway Capacity and Quality of Service), was written mostly during the six years he was Chairman of the Committee and the initiative is a misuse of said report; that the use of Level C would be for areas that were new areas to be 9 developed not cities where trees, sidewalks and some private property would need to be used for enlarging intersections. Niall Leahy, 1436 Webster, stated that he has studied the information available, believes it beneficial to have diversification not fragmentation; that the intiative does not represent Alameda as a whole, and he hopes it will not pass. Juergen Fehr, 3685 Mt. Diablo, Lafayette, noted he is a registered traffic engineer requested by Alameda Village to analyze the initiative, and has observed many problems with it; that Level C is unrealistic and not suited to be adopted in any city of this kind (only new areas); that most cities aim for D or even E levels; that data collection required by the initiative on intersections would cost approximately $250,000 per year; that it does not allow Transportation System management measures that review peak hour traffic at its source; that the initiative is unclear, confusing, and contains many ambiguities and could result in worsening situation rather than improvement. Dee Prado, 1137 Bay Street, stated she is be proud of recent development; that the initiative would cost money but not meet the City's needs; but that everyone should work together to help the situation. l'red Scullin, 1120 Chestnut Street, stated that the intiative does not request intersections be brought up to Level C, because if that were to be done, it would cost a great deal of money and require condemnation of property; that the initiative does not require bringing the level up to Level C. Walter Moeller, 406 Channing Street, President, Alameda Homeowners Association, agreed with Mr. Scullin and stated he believes the initiative is clear and wants to keep Level C or better. John Barni, Jr., 875 Island Drive, commented it should be brought before the citizens to see what they think. Barbara Thomas, 1118 Paru Street, stated that the initiative does not require the City to meet Level C requirement. Councilmember Lucas made a motion to accept the report. Councilmember Cbrica stated the City has been doing well in spite of Measure A. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-022 From Public Works Director on noise mitigation compliance at 3536 McSherry Way. (Henry Woon) Councilmember Hanna made a motion to accept the report and recommendation. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 10 RESOLUTIONS 87-023 Resolution No. 11084 "Calling General Municipal Election to be held in the City of Alameda on Tuesday, April 21, 1987; establishing election precincts; fixing number of election officers on the Board of Election for precincts; fixing compensation of Election Officers and designating hours of voting." Adopted. Councilmember Hanna made a motion to adopt the resolution. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-024 Resolution No. 11085 "Ordering the Consolidation of the Governing Board Member Election of the Peralta Community College District of Alameda County, State of California, to be held on April 21, 1987, with the General Municipal Election to be held in the City of Alameda on the same date insofar as the territory in which said elections are to be held is the same." Adopted. Councilmember Monsef made a motion to adopt the resolution. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-025 Resolution No. "Ordering submission to the Electors of the City of Alameda at the General Municipal Election to be held in said City on April 21, 1987, an ordinance entitled, "Traffic Management Initiative Ordinance for the City of Alameda," and providing for Notice thereof." Irvin Hamilton, 318 Central Avenue, does not want congestion but does not want initiative with ambiguities. Roger Herd, 1501 Harbor Bay Parkway, commented he has business plans but if growth is hampered, will not be able to expand in Alameda. Fred Scullin, 1120 Chestnut Street, commented that people have the impression that the intiative states intersections must be at Level C, but he believes it does not; and that he protests the wording of the summary question prepared for the ballot. Barbara Thomas, .1118 Paru Street, stated she has the same problem that Fred Scullin has. Donald Parker, Director, Marina Village project, commented that they established at the start of the project, when an EIR was done that traffic mitigation improvements were required and today Patton Way is being built from the proceeds of bonds sold on their project; that the $32,000,000.00 in bonds security rests with Marina Village; that they committed $8,500,000 to off-site improvements to make traffic better; that when they heard about the traffic initiative, they wanted to learn more about the homeowners concerns, invited Mr. Moeller and others to review the project and Mr. Moeller stated it was an addition to the 11 community; that Marina Village has provided a 6 acre park; that the initiative sets up a method of development impossible for compliance, because it states development can proceed only if conditions planned are in place first; that Patton Way would have to have been in place and operating before building permits could be issued; that it will be complete by the time the development is complete. It could result in a fragmented development which does not have the cohesion of Marina Village. It may be that Marina Village cannot complete its project. Councilmember Hanna made a motion to extend the meeting beyond 11:00 p.m. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. Walt Moeller, 406 Channing Way, stated he would like to submit proposed language for the resolution and would like Council to postpone its decision. Councilmember Hanna suggested that the adoption of the resolution be postponed to the 20th, so that there would be opportunity to see if better wording is possible, even though it is technically correct, and receive input from Walt Moeller and Barbara Thomas. He commented also that Alameda already has a growth initiative commonly known as "Measure A" and this should not be the same, so that confusion may be avoided. Following discussion, Councilmember Hanna made a motion to postpone the adoption of the resolution to January 20, 1987. [Subsequently, the motion was re-scheduled for consideration at a Special Council Meeting held January 16, 1987.] Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. 87-026 Resolution No. 11086 "Proposing Amendments to the Charter of the City of Alameda upon motion of the City Council; calling a Municipal Charter Amendment Election in the City of Alameda for the purpose of submitting to the Electors thereof proposals to amend said Charter, viz: (1) By amending Section 3-11 thereof to provide that ordinances may be passed at other than regular or adjourned regular meetings; and (2) by amending Section 10-4 thereof to provide for reduction in membership of the Social Service Human Relations Board from nine members to seven; fixing date of said Election, manner of holding same, and providing for Notice thereof; and consolidating said Municipal Charter Amendment Election with the General Municipal Election of the City of Alameda to be held on April 21, 1987." Councilmember Hanna made a motion to adopt the resolution. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-027 Resolution No. 11087 " Resolution of Intention to require street improvements on Oleander Avenue at Melrose Avenue and setting time and date for public hearing." Adopted. 12 The Public Works Director explained the matter. Beverly Jean Orozco, 3477 Oleander Avenue, stated traffic has increased, many accidents occur, and expressed concern that the barrier erected during improvements would cause more accidents. Pat McGrath, 1096 Melrose, stated the street has become a speedway and when the two lanes become one, cars swerve up into front yards in the neighborhood. Councilmember Hanna made a motion to adopt the resolution, and noted the hearing date therein should be changed to January 20, 1987. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 87-028 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Chapter 2 of Title V thereof to require closure of abandoned driveways." Councilmember Hanna made a motion to introduce the ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-029 Ordinance No. , N.S. "Consenting to hypothecation for refinancing the rebuild of the Alameda Cable System." Fred Scullin, 1120 Chestnut Street, commented that United Cable Television can assign its franchise to a bank. Councilmember Corica stated he was becoming aware of the possibility of assignment of the franchise to the bank. Mr. James B. Davis, 1134 Ballena Blvd., attorney for United Cable, stated the approval of Council is required due to City ordinance; that they are simply changing banks. Councilmember Corica asked where bank would get money in case of default. The City Attorney explained that the matter would be handled just as a default on .a home mortgage, and further noted that the bank cannot sell the franchise without the approval of Council. Councilmember Hanna made a motion to introduce the ordinance. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 87-030 Ordinance No. 2313, N.S. "Amending the Alameda Municipal code by amending Section 15-6210 thereof relating to rates for collection of garbage and refuse and prescribing method of collection." Councilmember Monsef made a motion to adopt the ordinance. Councilmember Hanna seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and Monsef and President Diament - 4. Noes: None. Absent: None. Abstentions: Councilmember Corica (Due to fact that member of family works for Oakland Scavenger) - 1. UNFINISHED BUSINESS 87-031 Councilmember Hanna suggested a letter of recognition be presented to Mr. Ron Gerber commending him for his work on the Park Street Landing Project. 87-032 Councilmember Hanna requested a status report on use of tokens for tennis court lights. 87-033 Councilmember Hanna requested a status report on vacant and underutilized buildings. 87-034 Councilmember Hanna inquired about board and commission members attendance. The City Manager stated a letter would be sent to members who do not meet the 75% attendance requirement. 87-035 Councilmember Corica commented he would like a Fire Department report in the City of Alameda Community Report. ADJOURNMENT President Diament adjourned the meeting at 11:45 p.m. Respectfully submitted, D E B. FELSCH, City Clerk