Loading...
1987-08-04 Regular CC Minutes219 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY AUGUST 4, 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. Todd Shipyard, and the meeting of the Housing Authority Commission) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Camicia. Reverend Charles Nahnsen gave the invocation. ROLL CALL- Present: Councilmembers Camicia, Haugner, Monsef, Thomas and President Corica - 5. Absent: None. MINUTES Councilmember Haugner made a motion to approve the minutes of the Regular Meeting of July 21, 1987. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. CONSENT CALENDAR Councilmember Camicia made a motion to adopt the Consent Calendar Councilmember Haugner 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 *87-555 From Finance Director submitting 1986 Single Audit Report. RESOLUTIONS *87-556 Resolution No. 11260 "Adopting Plans and Specifications and calling for bids for construction of a concrete retaining wall at Washington Park." Adopted. *87-557 Resolution No. 11261 "Authorizing execution of extension of contract for purchase of services with Auto-Graphics, Inc. for Library Catalog production." Adopted. *87-558 Resolution No. 11262 "Award of contract to Les McDonald Construction Company for the repair and resurfacing of certain streets, Phase 9, P.W. No. 6-87-15, and authorizing execution thereof." Adopted. *87-559 Resolution No. 11263 "Setting a public hearing date for State Loan for Clean Water Act/Wet Weather Sewer Projects." Adopted. *87-560 Resolution No. 11264 "Authorizing joint request for bid proposals and approval of specifications therefore for a new telephone system with the Alameda Unified School District." Adopted. 220 *87 -561 Resolution No. 11265 Establishing appropriation limit for fiscal year 1987 -88." Adopted. *87 -562 Resolution No. 11266 "Urging the California Legislature to support Assembly Bill 1798 (SB 300 Trailer Bill)." Adopted. *87 -563 Resolution No. 11267 "Supporting the use of American River water to preserve a high quality water supply." Adopted. BILLS *87 -564 A List of Claims certified by the City Manager as correct was approved in the amount of $752,289.72. * * * * * * * * * * * ** Councilmember Camicia made a motion to take Item No. 8 regarding the Charter Review Committee's report out of order. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 87 -565 From Chairman, Charter Review Committee, submitting final report on Committee's proposal. (Regarding appointments to vacant Council seats.) Mr. Robert Rodd, Chairman of the Committee, stated the vote on the proposal was unanimous within the Committee; that they deliberated for two meetings over this proposal and believed it to be the clearest one for the voters. President Corica inquired if the Committee had discussed consideration of the person with the third highest amount of votes in an election, to which Mr. Rodd stated they had and if someone was stepping down in mid -term there would be the potential of three seats and by their proposal requiring a person running in mid -term to relinquish their office, the public could cast three votes for the three seats. President Corica inquired if they discussed the possibility that they might be discriminating against someone on Council who might want to run for office. Mr. Rodd stated it was discussed but concluded that if a person on Council wanted to relinquish and run for another office, they could, and otherwise could wait two years and then run. President Corica noted that there would be two members of Council who would never have their term filled at the time of a mayoral election, that, for example, Hadi Monsef and Rita Haugner could never run for Mayor without giving up their seats, because their terms do not end at the same time as the Mayor's term. Councilmember Thomas stated the proposal does not address what 221 occurs in the event of a resignation, death or other circumstance during a term. Mr. Rodd stated it would be filled according to the Charter as it is done at the present. President Corica thanked Mr. Rodd and the Committee for the time and effort they have given. Councilmember Haugner stated that a good Councilmember could be lost by requiring a seat be given up; that perhaps the only way it could be solved is by having two year terms which is not practical as the carryover allows for continuity, therefore believes the present way is the best, putting the responsibility on Council and the person who comes in third should be given first consideration. President Corica agreed and inquired if there might be any value in putting another item on,that the third runner-up would be selected to fill the vacant seat. Councilmember Monsef stated he agrees with Councilmember Haugner's statement, that the Charter just be left alone at this time. Councilmember Camicia stated that the Council needs to discuss and that flexibility is important. President Corica stated he is leary of anything that might be any violation of the Brown Act, that perhaps when third runner-up comes close to winning the election, it could be a clean way to fill the vacancy. Councilmember Haugner stated the third person should be given first consideration, but does not want to be locked into it. Councilmember Thomas stated her concern is that the Charter is to be for the benefit of the City, is disappointed that there is no comment tonight from the public, and rather than rush placement on a November ballot, would like to see if public is interested; that if the public is concerned then it should be put on the ballot but if they are not concerned, then perhaps Council should not be. Councilmember Thomas made a motion to table the matter. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Monsef stated this is not a total solution, that if there is a vacancy mid-term Council must appoint, that he was appointed and he was the third choice and he believes perhaps Council should not act on it unless a permanent solution can be found. Following discussion the motion was amended to table the matter to October, and was carried by unanimous voice vote - 5. WRITTEN COMMUNICATIONS 87 -566 From Jim Payton, 2007 -D Clinton Avenue, suggesting the creation of a 5- member committee to study the feasibility of a Bureau of Public Safety. President Corica explained the subject, commented that Stew cities might find the matter advantageous but established cities would have difficulty in making such a change. Councilmember Haugner commended Police Chief and Fire Chief for their analyses on the subject and commented it would be a good idea for a new city but this is not a new city. Councilmember Monsef made a motion to accept the communication. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87 -567 From Helene Ullner, 721 Santa Clara Avenue, regarding noise and pollution problems emanating from Parking Lot "W." President Corica explained the background of the matter and the many ways Council has addressed the matter in the past. Councilmember Thomas inquired if lot needs to be left open at night. The City Manager stated prior Council allowed it to be left open because of the businesses open at night. The Public Works Director noted that closing the lot at night would require closing gate; late parkers could be closed in; and the Police Department would need to lock up and open up with additional cost to the City. The City Manager stated the former Council then suggested insulating Ms. Ullner's home, but she did not want to consider that, and noted that the City adjusted her fence for her and noted other work had been done to respond to her concerns. Councilmember Haugner inquired if there were complaints from other people in that block to which the City Manager stated there were some but they have been resolved; but Ms. Ullner is the only one in her specific area. Councilmember Thomas asked if there is a contribution by the evening businesses to the cost of the lot, to which the City Manager said there is none other than taxes. Councilmember Monsef stated the matter should be explored further; that it is a source of noise to the neighborhood and a solution should be found; that if the lot is to be closed, the businesses involved should be notified. President Corica inquired if the Police Department could observe what is happening and would like any other information that would 23 assist Council. Councilmember Monsef made a motion to delay action on the communication until the City Manager can come back with a recommendation and reports from the Police Department on the matter. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-568 From D.K. Templeton, Director, Board of Directors, Clipper Cove Homeowners' Association, 885 Island Drive, Suite 200, regarding United Cable reconstruction. President Corica suggested that if there are no speakers on this item that the communication could be considered in conjunction with Item No. 12, the resolution regarding this matter. Councilmember Thomas made a motion to take Item no. 12 out of order Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-569 Resolution No. 11268 "Authorizing United Cable to install all active electronic devices and passive subscriber taps in aboveground pedestals and approving new rules, regulations, and standards for the cable installation in underground areas." Adopted. George Livergood, 22231 Mulholland Highway, Woodland Hills, President of Lambda Communications, technical consultant, stated that if Council wished to look at a test, it should look at a five year test as this is a slow failure mechanism, and the subscribers will suffer with poor quality, etc., encouraged Council to allow aboveground electronics in order to maintain the level of liability that the Cable company would like to have. Pam MacKenzie, General Manager of United Cable, stated that the language of the franchise ordinances and the Cable Deregulation Act make it clear that United has the right to place pedestals aboveground and it would be unreasonable for the City to require all electronics underground, that the fibre optic technology was a mistake, but the current is a proven standard industry practice and will be reliable and durable. Pete Templeton, 376 Channing Way, Director, Clipper Cove Homeowners stated since their neighborhood is only partially completed, they are interested in testing in their neighborhood, have reached agreement with Cable to mitigate problems through private easement agreements, have had no response from the City Attorney, want the agreement to specify exactly what can be installed and to cover the issue of transferability, and would like City Council to protect their interest in that instance; and urged Council to reconsider private easement. Dane Ericksen, Hammett & Edison, Consultant for the City, stated he believes flush-mounted vaults are not reasonable considering current technology, that they result in a less reliable cable system, that problem of test is that it requires 3-4 year failure 224 time; that cities which permitted flush mounted systems had to allow pedestals within five years; that Palo Alto has elected not to use vaults, that Pacifica plans flushmounted vaults but must use heavy duty steel box (Elliot box) bolted to the house of every subscriber with no guarantee of no corrosion, and the matter is not settled but is under negotiation. Gerhard Degemann, 19 Sandpiper Place, agreed with presentation of Mr. Templeton, stated he contacted other cable companies and was told that underground system works, and urged Council to accept Mr. Templeton's recommendation. Councilmember Thomas stated the question on undergrounding is cost and would like to see figures which were requested; stated also that she is interested in the Elliot boxes. The United to budget mile; that $150,000; additional Cable General Manager stated estimate for aboveground is $1000 per mile, and for underground to budget $5000 per the difference in one year is between $30,000 and that $100,000 has been spent for pedestals and an $100,000 would be required to move them. Councilmember Thomas commented that, presuming 10,000 subscribers, that would be an additional $12 per subscriber per year. Councilmember Haugner commented that because the City expert has stated that flush-mounted below-ground vaults are to be avoided, she believes the only logical thing to do is to go with the above-ground technology Cable is offering. Councilmember Thomas stated that if going above ground, the easement agreement has a number of problems, perhaps the City Attorney could review that, regarding i.e., assignability, and possibly Cable should subsidize necessary landscaping maintenance. Following detailed discussion, Councilmember Camicia made a motion to adopt the resolution with the following amendments: that the paragraphs regarding nighttime warning devices and reflective tape in Attachment A regarding the rules, regulations and standards for Cable installation be deleted, that the Cable Oversight Committee reeton monthly basis under an announced format through the construction process so that residents can address their grievances directly to the committee, that United Cable hold town meetings with all homeowners' associations in underground areas well in advance of construction, that United Cable at its own expense inspect pole-mount construction, that drop lines be at a 90 degree angle from the main feeder; that the City Attorney draft and attach a standard easement form (agreement), and that United Cable work with the homeowners in the placement of pedestals on private property. Councilmember Haugner seconded the motion. Councilmember Thomas inquired if the motion includes placement of pedestals on private easements as priority; if homeowners cannot agree then the pedestal is placed in the public utility easement, 225 but if the homeowner agrees to private easement, that it can be put next to a meter, by an electric meter or whatever, that is where it will go. Councilmember Camicia commented that they are obviously going to have to agree. Councilmember Thomas added that it's first choice. Councilmember Camicia responded, first choice; stated another reason for having the Cable Oversight Committee meet on a more regular basis is to mediate disputes; first choice is to try to get a private easement, put it on private property and hope for the best; if that does not work, there is a forum for these kinds of things. Mayor Corica stated that the main emphasis is to keep the homeowner happy. The motion was carried by unanimous voice vote - 5. 87-570 From Louis Fiammetta, 1178-A Broadway, requesting a fee refund related to the 1% improvement tax. Mr. Fiammetta addressed Council with his concerns regarding the improvement tax which was paid on reconstruction following damage by fire to his home; believes tax should not apply to reconstruction but only to new improvement at that time. The City Attorney commented the ordinance would need to be changed. Councilmember Thomas stated she believes it should be amended, that in the case of rebuild following catastrophic event, it should be excepted. President Corica stated some exception should be allowed. The City Attorney stated an amended ordinance could be placed on the next agenda. Following a brief discussion, a motion was made by Councilmember Monsef to accept the communication. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. The City Manager stated there should be direction regarding refund. The City Attorney noted he could write refunding back to a specific date into the ordinance as one of the non-codified sections. The directive was given by consensus of Council. HEARINGS 87-571 Consideration of a Negative Declaration (IS-87-10) for the Bayview Bird Sanctuary and Beach Stabilization project. (Applicant: City of Alameda) 226 President Corica explained the procedure of the hearing. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, the following spoke: Fred Scullin, 1120 Chestnut Street Albert Berding, 341 Laguna Vista. The public portion of the hearing was closed. Councilmember Monsef requested an explanation by the Public Works Director, who then pointed out areas on the map and commented on the Planning Board proposal regarding the bicycle path. President Corica stated there are two issues, 1) the Negative Declaration and 2) eliminating parking on one side of the street and striping the bicycle path. Councilmember Haugner stated she thinks people who have lived there a long time are entitled to park on their street. President Corica agreed. Councilmember Monsef agreed and made a motion to approve the Negative Declaration and delete the mitigation measure regarding striping a bicycle path; Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-572 Resolution No. 11269 "Approving Negative Declaration for the restoration of the Bayview Shoreline Beach and Bird Sanctuary." Adopted. Councilmember Monsef made a motion adopting the resolution. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-573 Consideration of vacation of a portion of Park Street west of the Park Street bridge approach. President Corica explained the hearing procedure and opened the public portion of the hearing. On the call for opponents, there were none. On the call for proponents, there were none. Ray Burnham, Alameda County, requested City consider easement for the County for purposes of repair to the Park Street Bridge and City provide the County with a record of permanent easement. President Corica assured Mr. Burnham the matter will be addressed by staff. 227 John Scott Graham, 1728 Tregloan Court, discussed a Quitclaim to the City in the event of ownership changes. Councilmember Thomas stated she agrees with the vacation but does believe the City should keep a contingency interest, so that if the use is changed, it can revert back to the City; and stated there have been problems regarding leases that people do not maintain landscaped areas and inquired if this would be a vehicle to require it. The Planning Director stated it is inherent in Planning Board project approvals. Councilmember Thomas agreed to vacation but believes City should keep remainder interest in the project. The Public Works Director stated the City retains easement. Councilmember Monsef made a motion to take the related resolution out of order. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-574 Resolution No. 11270 "Finding and determining a portion of Park Street west of the Park Street Bridge approach, a public street in the City of Alameda, is unnecessary for present or prospective street purposes; ordering vacation thereof subject to reservation of a non exclusive easement therein as described herein and in Resolution of Intention No. 11230 heretofore adopted on July 7, 1987; and directing City Clerk to cause certified copy of this resolution to be recorded." Adopted. Councilmember Monsef made a motion to adopt the resolution. Councilmember Camicia 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. RESOLUTIONS 87-575 Resolution No. 11271 "Authorizing agreement with Alameda County Flood Control District to provide technical work requirements of the Regional Water Quality Control Board for non-point storm water discharge and distribution of costs thereof." 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 87-576 Ordinance No. N.S. "Amending Ordinance No. 1929, N.S., relating to City Clerk fees." Adopted. 228 President Corica explained that the City departments will be charging 25 cents for the first 10 photocopies and 10 cents for each copy thereafter, and a charge of $16 per hour for research time in excess of 15 minutes. Councilmember Monsef made a motion to introduce the ordinance. Councilmember Thomas asked clarification that the 25 cents charge is preempted by stated law for certain types of copies. The City Attorney responded that it would be in regard to Fair Political Practice matters which is limited to 10 cents; and added that the following wording could be inserted into the ordinance: "unless otherwise provided by state law." Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 87-577 Ordinance No. 2356, N.S. "Authorizing renewal and assignment of Tidal Canal License Agreements for Gerald D. Loomis, 3363 Fernside Blvd., and A. William Bodle, Stone Boat Yard, 2517 Blanding Avenue." Adopted. Councilmember Monsef made a motion to adopt the ordinance. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87-578 Ordinance No. 2357 N.S. "Amending the Alameda Municipal Code to establish traffic signals for Constitution Way." Adopted. John Scott Graham, 1728 Tregloan Court, stated there are many children who must cross at Buena Vista and believes there should be another traffic signal. The Public Works Director stated it is planned to be installed as soon as Constitution Way is completed and traffic warrants it. Councilmember Haugner made a motion to adopt the ordinance. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87-579 Ordinance No. 2358, N. S. "Amending the Alameda Municipal Code to establish a left-turn prohibition for the driveway at McDonald's Restaurant on Shore Line Drive." Adopted. (Held over from the July 21, 1987 Council Meeting.) Councilmember Monsef made a motion to adopt the ordinance. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. UNFINISHED BUSINESS 87-580 Consideration of nomination for City Planning Board member. 229 President Corica nominated Linda Pritchard. Councilmember Camicia seconded the motion and it was carried by consensus of Council. NEW BUSINESS 87-581 Councilmember Camicia stated he would like a report from the City Attorney to provide a brief report at the next Council meeting on how the Council can attend a retreat without violating the Brown Act. 87-582 Councilmember Camicia requested information on Cal Trans relating to preferred routes for hazardous materials through the City. 87-583 Councilmember Camicia requested a report from Police and Fire Departments on the transporting of hazardous materials, including best routes and time. 87-584 Councilmember Camicia requested a status report on the cleanup of toxic materials at the Naval Air Station. 87-585 Councilmember Camicia requested a report on why the Committee for the Handicapped was dropped and if it would be feasible to re-establish it. President Corica stated he also feels strongly that the Committee should be revived. 87-586 Councilmember Camicia commented that when the Mayor's Advisory Committee completes its situation analysis of Webster Street, he would like a citizen from the West End, who has approached him about the subject, given an opportunity to present his ideas regarding the issue; and suggested a work session format. 87-587 Councilmember Camicia stated that the City of Berkeley has an ordinance which limits retail mix and requested staff to acquire a copy for review. 87-588 Councilmember Camicia thanked the Assistant City Manager for his attendance at an aircraft noise meeting. President Corica added his thanks to the ACM for participation in the Park Street Faire. ORAL COMMUNICATIONS, GENERAL 87-589 Fred Scullin, 1120 Chestnut Street, requested a public hearing regarding the homeporting of the U.S.S. Missouri. 230 87-590 John Barni, Sr. 1380 East Shore Drive, stated there is a heavily used accessway to the beach next to his home and he would like Council to make some changes because there is drinking at night, motorcycles driven through, and it is not always kept clean; and he would like a sign prohibiting vehicles from using the accessway. 87-591 Richard Armstrong, 1626 Encinal Avenue, stated his concern about speeding in the City, stated extra law enforcement officer could be placed in position to handle the situation and it would provide added revenue for the City; and requested a sign stating "Welcome to Alameda, traffic laws strictly enforced," be placed at various entrances to the City. ADJOURNMENT President Corica adjourned the meeting at 9:55 p.m. Respectfully submitted, DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance, in accordance with the Brown Act.