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1987-06-16 Regular CC Minutes1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD - - - - - - - - TUESDAY JUNE 16, 1987 The meeting convened at 7:30 p.m. (at the conclusion of the Closed Session to discuss the case of City of Alameda v. Mitcheom, and the meeting of the Community Improvement Commission) with Acting President Thomas presiding. The Pledge of Allegiance was led by Councilmember Monsef. Reverend Martell Twitchell gave the invocation. ROLL CALL - Present: Councilmembers Camicia, Haugner, Monsef and Acting President Barbara Thomas - 4. Absent: President Corica - 1. MINUTES Councilmember Haugner made a motion for approval of the minutes of the Regular Council Meeting of June 2, 1987. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. CONSENT CALENDAR Acting President Thomas announced that Item 1 -F regarding use of Measure B Sales Tax funds (See *87 -428) will be held over to the next Council meeting. She then announced that by request of Fred Scullin, 1120 Chestnut Street, Item No. 1 -H, and by her own request Items No. 1 -E and No. 1 -I, would be removed from the Consent Calendar and placed on the regular agenda. Councilmember Camicia moved for adoption of the Consent Calendar, with the exception of Item No. 1 -E regarding award of contract (See 87 -437), Item No. 1 -F regarding use of Measure B Sales Tax funds, (See *87 -428), Item No. 1 -H regarding contract for legal advertising (See 87 -438), and Item No. 1 -I regarding bills to be approved (See 87 -451). Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *87 -424 From Public Works Director recommending acceptance of work by St. Francis Electric for the construction of Traffic Signals at Bridgeway Road and Island Drive, P.W. 11- 86 -37. Accepted. *87 -425 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for Arbor Street improvements, Buena Vista Avenue to Pacific Avenue, P.W. No. 1 -87 -2. Accepted. *87 -426 From Public Works Director recommending acceptance of work by O.C. Jones & Sons for reconstruction of Eagle Avenue from Eighth Street to Thau Way, P.W. No. 4 -85 -8. Accepted. *87 -427 From Finance Director on City's Investment Portfolio as of May 31, 1987. Accepted. RESOLUTIONS *87 -428 Resolution No. "Amending City of Alameda Resolution No. 11182 to designate that Measure B Sales Tax funds to be used for Constitution Way, IIIA." Held over. *87 -429 Resolution No. 11214 "Authorizing execution of agreement between the City of Alameda, West Lagoon Homeowners Association and American Lake and Canal Company for water management agreement services for South Shore lagoon maintenance, 1987 -88." Adopted. WRITTEN COMMUNICATIONS From Gerhard Degemann, 19 Sandpiper Place, regarding the installation of the new pedestal -type junction boxes by United Cable of Alameda. With the agreement of Mr. Degemann, Councilmember Camicia made a motion upon request of resident, to hold Item No. 2 regarding Mr. Degemann's written communication concerning United Cable junction boxes until later in the evening. (See 87 -439) Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 4. 87 -430 From John Barni, Jr., 875 Island Drive, concerning City Hall hours of operation. Councilmember Monsef commented the matter has already been addressed by the Council and lunch hour coverage has been scheduled. Councilmember Camicia made a motion to accept the communication. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 4. REPORTS AND RECOMMENDATIONS 87 -431 From City Manager regarding Encinal Marina, Ltd.'s application for a permit to perform maintenance dredging and land fill. Acting President Thomas commented this appears to be a routine dredging matter. Councilmember Monsef made a motion to accept the report and recommendation. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 4. 87 -432 From Assistant Planning Director submitting responses to Mr. Stan Shane's comments at the June 2, 1987 Council meeting related to Ballena Isle Marina. 158 Mr. Shane stated that the litter guard system does not work; that parking problems still exist at Ballena Bay; that, before granting conditions, Council should consider input from citizens. Acting President Thomas noted the response of Don Anderson, Harbor Master of Ballena Isle Marina, is that he has parking stickers, could have improperly parked cars towed away, but does not believe that would facilitate a better relationship with Cola Ballena residents. She noted also that the trailer complained about has been removed and Council is still working on the other complaints. Councilmember Monsef made a motion to accept the report. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 4. 87-433 From Assistant Planning Director submitting responses to Vice Mayor Thomas' comments at the June 2, 1987 Council meeting related to conditions of project approval and application processing. Acting President Thomas commented on the issues involved; inquired if there could be enforcement by homeowner associations regarding building permits for docks, to which the City Manager responded that they could be asked to ensure that building permits are obtained before construction is undertaken, so that the City will have an opportunity to require conformance. Acting President Thomas then expressed a concern that different standards were being applied to different individuals. John Barni, Jr., 875 Island Drive, stated he believes the City is wrong in stating that a criteria has not been met regarding the lots his client is attempting to change. Councilmember Camicia stated that neighbors are greatly concerned about what is planned for the neighborhood; that there has been a petition by more than 50 residents to the Planning Board to insure that the property referred to by Mr. Barni will be utilized in a manner compatible to the neighborhood, and inquired if Mr. Wood (Mr. Barni's client) would be willing to meet with persons in the area to discuss their concerns. Acting President Thomas added she believes the lot merger ordinances need to be updated, as well as the lot line adjustments in the local ordinance. Councilmember Camicia made a motion to accept the report. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote 4. RESOLUTIONS 87-434 Resolution No. 11215 "Authorizing execution of a Grant Agreement with the Eden Council for Hope and Opportunity, Inc. for 159 reverse annuity mortgage counseling services for Fiscal Year 1987-88." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, and Monsef - 3. Noes: Acting President Thomas - 1. Absent: President Corica - 1. 87-435 Resolution No. 11216 "Authorizing execution of a Grant Agreement with Alameda County for minor home repair services for Fiscal Year 1987-88." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 4. 87-436 Resolution No. 11217 "Authorizing ollci-lon of a Grant Agreement with Bananas, Inc. for child care vouchers for Fiscal Year 1987-88." Adopted. John Graham, 1728 Tregloan Court, stated he had a question as to whether or not the grant was for all the people of Alameda. The Community Development Director replied that, because the child care issue is serious, Bananas, Inc. has as its priority, only people already on the waiting lists who have been waiting for subsidized slots. Councilmember Haugner made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 87-437 Resolution No. 11218 "Awarding contract to the eligible low bidder for Grand Street/Shore Line Drive Sanitary Sewer Pump Station and Force Main, P.W. No. 2-86-1, and authorizing execution thereof." Acting President Thomas requested the resolution be amended to reflect the wording "single lowest qualified bidder". Councilmember Monsef made a motion to adopt the resolution as amended. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 4. 87-438 Resolution No. 11219 "Awarding contract for legal advertising for City of Alameda for Fiscal Year 1987-88 to Alameda Times Star." Fred Scullin, 1120 Chestnut Street, commented that the Times-Star has become quite large and it is more difficult to find legal notices than when it was small; questioned if the City is getting space any cheaper because of the contract, and, if ads were placed without a contract, would the cost be the same or more expensive. Acting President Thomas stated the Times -Star was the only bidder; and that there is a question if it is a newspaper of general circulation. The City Attorney stated that the Government Code defines newspapers of general circulation; noted details and tests of qualifications, and commented that the Times -Star is the only newspaper that qualifies. Following brief discussion, Councilmember Haugner made a motion to adopt the resolution. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. Councilmember Camicia made a motion to take Item No 2 of the agenda regarding Mr. Degemann's Written Communication at this point. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. WRITTEN COMMUNICATIONS 87 -439 From Gerhard Degemann, 19 Sandpiper Place, regarding the installation of the new pedestal -type junction boxes by United Cable of Alameda. Mr. Degemann submitted pictures to Council and stated, regarding his concerns, that he believes homeowners should not have to pay additional cost of camouflaging the boxes with landscaping; and he is concerned that children and elderly people will trip over the boxes. Harry Cordon, 30 Crane Court, Clipper Cove Homeowners, stated there was a session with United Cable, as a result Cable redesigned their systems and moved boxes up on the properties; however, he is concerned there is not enough follow -up with individual property owners regarding box location on each property. Barton L. Smith, 5 Clipper Drive, stated United Cable was to speak to each homeowner before placing the boxes but he came from work and found the box already in place. Scott Granger, 215 Basinside Way, Clipper Cove, stated it was his understanding that there was to be undergrounding; and requests the work be stopped. Pam McKenzie, 1129 1/2 Pearl Street, General Manager, United Cable, stated United Cable has been working with Harbor Bay Isle master association, and individual homeowners' associations; Cable's four primary concerns are 1) ensuring the technical quality of the new system, 2) protecting aesthetics of the planned community, 3) not impacting maintenance fees, and 4) not incurring liability; because of corrosive soil and high water table, cables are underground, but electronic equipment must be above ground; notices were sent April 28th, door - hangers susequently, telephone number to call was given, all homeowners who contacted Cable have 181 met with Cable representative; and Cable will continue to work with homeowners, and to improve process. Shirley Cummins, 549 Santa Clara Avenue, stated she did not believe there could not be undergrounding. Mr. Granger requested that there be a moratorium on Cable installation. Acting President Thomas inquired if all utilities were underground to which the Public Works Director responded that there are aboveground facilities for underground easements. The City Attorney added that agreements regarding undergrounding include "above- ground appurtenances." General Manager MacKenzie stated Cable can go from house to house underground with the co -axial cable, but the matter under discussion concerns the electronics used to run the system and boost the signal which cannot be housed underground; that maintenance equipment at Clipper Cove is housed above ground where water is turned on, for EBMUD, and for the Bureau of Electricity. The City Attorney commented he believes something should be placed around or near boxes to avoid accidents. General Manager MacKenzie stated homeowners with whom they met were concerned with mowing around boxes, therefore boxes have been located in other than lawn areas, and homeowners agreed to landscape around them. Councilmember Camicia inquired if Cable would be willing to place a moratorium to allow time to work with the homeowners. In response to questions regarding moratoriums, James Davis, attorney for United Cable, stated that United Cable will continue to work with homeowners' associations and individual homeowners, but it is caught in between, as it is not going into public easement and therefore, must go into the private area which requires a private easement; that it is too much to ask for a moratorium as it would shut the operation down; normally the boxes are placed in public easements but a special effort is being made in this particular area to refrain from doing that at the request of the homeowners' association. Councilmember Haugner stated she would like some way to have a moratorium. Acting President Thomas stated there should be an alert to new purchasers to expect the pedestals. Councilmember Camicia commented there should be a delay of two weeks, for the City Attorney to investigate the matter and ask United Cable and homeowners to meet and work the matter out. Councilmember Haugner made a motion to accept the communication and direct staff investigate the matter and bring it up at the next Council meeting. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. INTRODUCTION OF ORDINANCES 87 -440 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." Introduced. The City Attorney stated that with regard to signs and the flying of balloons, certain businesses are not paying any attention to the City's attempts to regulate pursuant to City ordinances. Acting President Thomas stated her first concern is whether or not the Police Department should be used to enforce zoning ordinances; that there is a Community Services Officer and perhaps that person could work overtime or be on an on -call basis; and her second concern is that she does not want an anti - business appearance. The City Attorney stated the City should not negotiate with persons who refuse to obey the law; that if they are opposed to the law, they should come before Council requesting a change. John Barni, Sr., 1380 East Shore, stated the Police Department has more to do than follow -up on balloons, etc. The City Attorney commented that law- abiding businesses in the area are being placed at a disadvantage by people in direct competition to them who refuse to obey the law. Councilmember Camicia made a motion to introduce the ordinance. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Monsef - 3. Noes: Acting President Thomas: 1. Absent: President Corica - 1. 87 -441 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Section 18 -311 thereof relating to defacement of public property." Introduced. Councilmember Camicia made a Councilmember Monsef seconded following voice vote: Ayes: Monsef - 3. Noes: Acting President Corica - 1. FINAL PASSAGE OF ORDINANCES motion to introduce the ordinance. the motion and it was carried by the Councilmembers Camicia, Haugner, and President Thomas - 1. Absent: 87 -442 Ordinance No. N.S. "An Ordinance reclasssifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, N.S.; Applicant: City of Alameda; the lots located at 1238, 1242, 1245, 1311 -1313, and 1312 Versailles Avenue." Re- introduced. Acting President Thomas noted that the ordinance was introduced at the last meeting for 1312 Versailles only; there was a motion to reconsider the hearing (Item No. 8) but there was no motion to reconsider the introduction of the ordinance. The City Attorney suggested the matter be re- introduced. Patrick Erwin, 1234 Versailles, stated he was speaking on behalf of the 50 persons who signed the petition to downzone; that most of the people want to keep the area a neighborhood, not let it become of mixed use; and that there is no problem with the area adjacent to Encinal. Ken Manley, 405 Fair Haven Road, read a letter from Ray Silva (who could not be present) regarding the 1238 Versailles property, expressing he is opposed to commercialization of the neighborhood but permits have been granted to owners of 1238 Versailles, and he agrees to the use of the property if it continues as the McCormacks are currently using it. Walt Ryan 1224 Versailles, stated he lived in the family neighborhood all his life and would like to see it remain residential, however, the work done on 1238 Versailles by the McCormacks has been very beneficial to the area by its appearance. Robert Austin, Aeolian Yacht Club, stated he is aware that the 1238 property is the oldest structure in Alameda, appreciates the opportunity to see the inside, feels it is appropriate to have people view that structure as a bed and breakfast establishment and believes it appropriate to exclude 1238 Versailles from downzoning. Tom Enos, 1244 Versailles stated he lives at the corner of Encinal and Versailles and that he would like his property zoned C -1 for reasons stated at the last Council meeting. Shirley Cummins, 549 Santa Clara Avenue, said there was an article in the newspaper that downzoning is before the Supreme Court because it has affected so many cities and areas. The City Attorney stated the reports are exaggerated. Robert Pratt, 1241 Versailles, stated he would like the block to be residential and beautiful, with property well- maintained, believes 1238 Versailles is very well maintained; that petition signatures were not obtained properly, and he sees no harm if 1238 Versailles usage is allowed to remain as it is. Charles Millman, 2916 Bayview, stated that the minutes of the June 2nd meeting were accepted; that when downzoning issue came up, it was to address Mr. Ratto's request and others were told they could make application singly; that it was reconsidered and went 164 contrary, and was not on the agenda; decision was to be on Mr. Ratto's property only; that people went home and when matter was reopened, it was without notice; that it should be set aside tonight and he believes Council is acting illegally. Susan McCormack, 1238 Versailles, stated that 1238 is the oldest house on the Island; their usage of it allows neighbors to come in and share the building; the business was grandfathered in, in January; believes restrictions imposed if original C-1 zoning is lost, would not be reasonable and would be a grave injustice; submitted 12 letters, with many signatures, from persons who wrote that they were misinformed when signing the original petition, and who now request that 1238 Versailles retain its C-1 status. Andrew McCormack, 1238 Versailles, added that the property and its usage is a long-time dream and does not believe that usage should be taken away. Councilmember Camicia requested the City Attorney address the remarks about illegality because Council wants to do what is correct. The City Attorney responded that Council can reintroduce. Acting President Thomas stated she has two concerns 1) that it is not yet determined what the Supreme Court case means, and 2) if there is an opportunity to request each owner of property to submit a written request to Council and sign it that they want, or do not want, to have their property rezoned, it would make her feel better with regard to protection of the City; that there would be two weeks to obtain such requests before final passage. Councilmember Haugner moved to reintroduce the ordinance, for final action at the next Council meeting, including 1241 Versailles. Acting President Thomas stated she has a technical problem with downzoning property and requesting downzoning or rezoning of property that one does not own, and would therefore be voting no. Councilmember Monsef seconded the motion. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, and Monsef - 3. Noes: Acting President Thomas - 1. Absent: President Corica - 1. Acting President Thomas directed that staff contact owners of each of the pieces of property and submit a form to them which they can sign, requesting their property be rezoned to R-2, if they agree. 87-443 Ordinance No. 2346 M.S. "Accepting dedication of a 0.339 acre Shoreline Pedestrian Access Parcel from Alameda Marina Village Associates." Adopted. Councilmember Monsef made a motion to adopt the ordinance. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. 87 -444 Ordinance No. 2347 N. S. "Amending the Alameda Municipal Code to designate a portion of residential dwelling unit tax be allocated to the construction of a library facility." Adopted. Councilmember Haugner made a motion to adopt the ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 87 -445 Ordinance No. 2348 N.S. "Amending the Municipal Code by amending Sections 13 -191, 13 -192, 13 -193, 13 -194, 13 -1911, 13- 1921.5, 13 -1936, 13 -1942, 13 -1944 and 13 -1953 of Chapter I, Title XIII thereof relating to Business License Tax." Adopted. Councilmember Haugner made a motion to adopt the ordinance. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 4. 87 -446 Ordinance No. 2349 N.S. "Amending the Alameda Municipal Code by amending Section 17 -333 to remove the "no parking" zone on the north side of Oleander Avenue in the vicinity of Melrose Avenue." Adopted. Councilmember Monsef made a motion to adopt the ordinance. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 4. UNFINISHED BUSINESS 87 -447 Consideration of appointments of Charter Review Committee members. Acting President Thomas announced names submitted by Council to form the Charter Review Committee as follows: President Corica submitted the name of Charles A. Tillman. Councilmember Monsef submitted the name Lawrence A. Patton. Acting President Thomas submitted the name John Barni, Jr. Councilmember Haugner submitted the name Robert Rodd. Councilmember Camicia submitted the name Suzanne Lindsey. Following a brief discussion regarding the issues the Committee would be expected to review pursuant to Council comments at the previous meeting, Acting President Thomas stated the committee has a single charge at the present to consider Section 2 -7 regarding appointment of Councilmembers, and President Corica can expand their duties when he returns. Charles Tillman, 2415 Roosevelt Drive, requested that Council specify the sections of the Charter to be addressed by the Committee. Acting President Thomas stated that hopefully the Committee could review issues in time to place them on the November ballot. The City Attorney requested that the Committee be instructed that the Brown Act applies to them. NEW BUSINESS 87 -448 Consideration of Councilmember appointments to various agencies. Fred Scullin stated he would like to suggest that no person serving on the Council, who has conflicting interests with Oakland Scavenger be appointed to that Committee. The following appointments were made: Association of Bay Area Government representative: Barbara Thomas, Alternate: Rita Haugner. Alameda County Solid Waste Management Authority representative: Joseph Camicia, Alternate: Hadi Monsef. Alameda County Airport Land Use Commission representative: C. J. Corica, Alternate: Hadi Monsef. Alameda County Training and Employment Board Associated Community Action Program (ACTEB -ACAP) representative: Hadi Monsef, Alternate: Barbara Thomas. East Bay Division, League of Cities representative: Rita Haugner, Alternate: Joseph Camicia. 87 -449 Acting President Thomas expressed concern regarding the Planning Board's action regarding Alameda Marina Village at their last meeting, specifically, the use of a Parcel Map for a Subdivision when State Code calls for a Tentative Map - Final Map, and requested the matter be agendized. 87 -450 Acting President Thomas discussed a Loan Agreement of 1984, with Alameda Marina Village, and the required security which was due January 1, 1987, and a required appraisal. 87 -451 BILLS Acting President Thomas questioned Department Head travel expenses and stated that such expenditures should be brought before Council. The City Manager explained that travel expenses are addressed at budget time and such review varies from Council to Council. Councilmember Haugner made a motion to approve the List of Claims, certified by the City Manager as correct, in the amount of $2,939,718.63. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. ORAL COMMUNICATIONS, GENERAL 87 -452 Charles Tillman, 2415 Roosevelt Drive, requested that the City Manager send a letter to the Golf Course Manager, Mr. Framstead, expressing Mr. Tillman's appreciation for his meticulous reports; expressed concern regarding an incident on April 17th at Park and Encinal Avenue involving a fracas between a young woman and three men in a vehicle, and received no followup information, to which the City Manager responded that he would pursue the matter. Mr. Tillman then requested that the City Manager furnish to Council the minutes of July 15, 1986, and the Finance Director's report, dated February 6, 1987, regarding 1986 -87 budget amendments. 87 -453 Mr. John Scott Graham, 1728 Tregloan Court, discussed the relocation of the Alameda Municipal Court House to South Shore and the Alameda County Health agency's need for a larger facility. Mr. Graham suggested that the Agency be relocated at South Shore and the Court House back in the Civic Center area Acting President Thomas stated she did not believe the Council has control over what the Court does but perhaps a letter could be written to A C Transit to request bus route modification. 87 -454 Darlene Banda, 630 Lincoln Avenue, stated that the Charter Review Committee had a specific charge to address the Councilmember vacancy issue only. ADJOURNMENT Acting President Thomas adjourned the meeting at 11:05 p.m. with a moment of silence in memory of Clarence Duthler, former City firefighter. Respectfully submitted, DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act.