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1987-08-18 Regular CC Minutes2 2 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - AUGUST 18, 1987 The meeting convened at 7:30 p.m., (at the conclusion of the meeting of the Community Improvement Commission) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Monsef. Reverend Richard Stinson gave the invocation. ROLL CALL - Present: Councilmembers Camicia, Haugner, Thomas and President Corica - 5. Absent: None MINUTES Councilmember Haugner made a motion to approve the minutes of the Special Council Meeting of July 29, 1987, Regular Council Meeting of August 4, 1987, and Special Council Meeting of August 7, 1987. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5, regarding the minutes of August 4, 1987. The following voice vote was made regarding the minutes of July 29, 1987 and August 7, 1987: Ayes: Councilmembers Camicia, Thomas, Haugner and President Corica - 4. Noes: None. Abstention: Councilmember Monsef - 1. (Due to absence at the 8/7/87 meeting and late arrival at the 7/29/87 meeting.) CONSENT CALENDAR The following items were removed from the Consent Calendar and placed on the Regular Agenda: Item No. 1-G regarding the Police Asset Seizure Fund, at the request of Maria Zornes, 1027 Kingston Lane; Item No. 1-C regarding an agreement for towing vehicles, at the request of Dennis O'Hara, 1242 Park Street; and 1-F regarding destruction of certain City records, at the request of Councilmember Thomas. 87-592 Resolution No. 11272 "Resolution creating the Police Asset Seizure Fund, allocating $100,000 from said fund to the Police Secret Fund, and directing that all interest derived from said funds be credited to the Police Asset Seizure Fund." Adopted. Maria Zornes, 1027 Kingston Lane, stated her concerns regarding drug problems and suggested the allocation might be better used for a Police Department program to teach children and young people what is happening to youth in America as a result of drug use. President Corica commented that the Police Department does have a program and this funding is to stop some people who are providing drugs to children. Councilmember Haugner stated she agreed with the importance of addressing the drug situation, but, regarding the large amount of money, inquired if the sum is larger than usual, to which the City Manager responded it is, but only because of budget constraints in the past, and that necessary investigation in these situations is very expensive and is a growing problem. Councilmember Thomas inquired if the interest on the Asset Seizure Fund is required to be returned to that fund or could it go into other areas, to which the City Manager replied that it could go into other funds in the law enforcement area. Councilmember Thomas made a motion to adopt the resolution, Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87 -593 Resolution No. 11274 "Awarding contract for the towing of private vehicles within the City of Alameda to Ted & Joe's towing and authorizing execution thereof." Adopted. Dennis O'Hara, 1242 Park Street, Bob's Auto Service, stated he is concerned about City's contract, that he believes he is qualified for the contract, that the contract should be reviewed at the end of one year, and that Alameda perhaps should have rotational tow service with companies as some other cities have, utilizing more than one tow service. President Corica noted it had gone out through the bid process and the City negotiated with both towing companies; that the suggestion to utilize more than one service is well taken; and that perhaps the service should be monitored. The City Manager commented that the records are closely reviewed because citizen cars and charges are involved, and that the contract can be cancelled if the service is not adequate. Councilmember Thomas commented that this is a five -year contract and she would like to know the level of service required and what happens if the tow service does not respond in an appropriate time frame; and stated there is room for back -up tow and supplement if Ted & Joe's runs out of capacity to store; and inquired what is back up procedure. Capt. Wm Schmitz, Police Department, stated Ted & Joe's have a good record of service, and stated if a backup is needed, it is possible to call another local tow service. Councilmember Haugner stated she shared Councilmember Thomas' concerns and suggested perhaps there should be a backup. President Corica suggested that Bob's Auto Service be designated as the backup, to which the City Manager added that the company should meet the price of the primary contract. Councilmember Monsef made a motion to adopt the resolution and provide a backup. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 4 87-594 Resolution No. 11273 "Authorizing the destruction of certain City records, documents, and papers." Adopted. Councilmember Thomas stated the resolution refers to "criminal death case", that she did not want records destroyed where there is a potential liability and that she would like the word "criminal" deleted from the phrase. Councilmember Haugner agreed. Councilmember Thomas made a notion to adopt the resolution with the word "criminal" deleted from Page 2, Subsection 4. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Monsef made a motion to adopt the remainder of the Consent Calendar. Councilmember Thomas 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 *87-595 From Finance Director on City's Investment Portfolio as of July 31, 1987. Accepted. RESOLUTIONS *87-596 Resolution No. 11275 "Authorizing open market purchase of one (1) Toro Rotary Mower for the Park Division." Adopted. (requires 4/5 vote) *87-597 Resolution No. 11276 "Adopting plans and specifications and calling for bids for minor street patching with asphalt concrete, Fiscal Year 1987-88 and Fiscal Year 1988-89, P.W. No. 7-87-17, and directing City Clerk to advertise same." Adopted. *87-598 Resolution No. 11277 "Approving allocation of funds from the Golf Course Enterprise Fund for modifications of pedestrian/cart bridge on the Earl Fry Golf Course." Adopted. *87-599 Resolution No. 11278 "Authorizing open market purchase of modular ambulance for the Fire Department." Adopted. *87-600 Resolution No. 11279 "Adopting plans and specifications and calling for bids for Constitution Way, Phase IIIB, street construction, P.W. No. 8-87-20, and directing City Clerk to advertise same." Adopted. *87-601 Resolution No. 11280 "Adopting plans and specifications and calling for bids for mechanical systems maintenance in various City facilities for Fiscal Years 1987-88 and 1988-89, P.W. 7-87-16, and directing City Clerk to advertise same." Adopted. BILLS *87-602 A List of Claims, certified by the City Manager as correct, were approved in the amount of $2,885,994.34. * * * * * * * * * * * RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 87-603 From Wayne T. Pearce, 1136 Fontana Drive, concerning the Oakland Airport and the Port of Oakland's proposed CNEL noise lines. Mr. Pearce expressed concern regarding noise problems, stated the Concorde should not be allowed to operate out of Oakland, that noise levels need to be addressed, and requested a hearing regarding the Concorde. Maureen Moriarty, 1904 Cornell Drive, stated small planes have begun coming over her house at a very low altitude, and is concerned there will be an air crash. Ron Lappa, 1011 Tahiti Lane, Alameda Alliance of Homeowners, Chairman Airport Noise Committee, stated concerns about noise becoming a growing problem; suggested update of noise element to reflect 1987 noise environment, City fund a study of airport noise, and Council meet with Oakland Council to bring pressure on the Port, and possibly work with San Francisco Board of Supervisors. President Corica stated he has met with Mayor Wilson of Oakland, but it must be recognized that Oakland does not have authority over the Port; and believes after 10:00 p.m., all planes should be taking off from Runway 29. Mr. Lappa noted San Diego shuts its airport down at night. Rosalie McPherson, 1128 Marianas, Islandia Homeowners Association, read a letter from the Association which she submitted to Council; requested Council direct staff to keep all homeowners' associations on Bay Farm Island informed about meetings on noise problems; and stated regarding the Concorde that there is a bill in the Judiciary Committee of the State Senate concerning small claims awards that might be of value for the City to support. Bill Kane, 2615 Bayview Drive, Project Coordinating Committee, stated Bay Farm Island concerns are different from Fernside Boulevard problems and need different solutions; that ratings of Concorde are 15-20 decibels above sub-sonic jets; that there must be decibel rating, actual monitoring of decibels, and type of aircraft noted; and added that the Port of Oakland does not properly mark instructions for transient pilots. 2 Daniel Custer, 3250 Liberty Avenue stated he is distressed by small aircraft flying at very low altitudes and inquired if the City Attorney considered legislation, to which the City Attorney responded that the City has no standing and cannot handle the matter alone, that ultimate pressure must come from homeowners. The City Manager stated the City has notified the Port of Oakland of concerns with regard to noise and safety issues, issues are complex, Council contacted the Board of Supervisors and Congressman Stark and denied sale of property to the Port; regulatory authority lies with the Federal Aviation Authority (FAA); and the Port is responsible for safety, not the City. Councilmember Camicia stated that pressure must be kept on the Port of Oakland; that he brought Congressman Stark in to help with the situation; that there should be a threat to the Port of funding being held up; that Council must involve Supervisor Don Perata who handles the Measure B funds; that he appreciated President Corica meeting with Mayor Lionel Wilson of Oakland; that Council can ask for a work session with the Port and with the Oakland City Council. President Corica agreed and stated he agreed also with supporting the Senate Bill mentioned by Mrs. McPherson; and that he believes all night flights should be transferred to Runway 29. Councilmember Monsef stated the Concorde is of immediate concern, that Washington D.C. and Dallas Airports which accommodate the Concorde are away from populated areas; and made a motion that the Port of Oakland be notified of Council's strong objection to the Concorde landing and take -off and that night flights should be moved to Runway 29 between the hours of 10:00 p.m. and 6:00 a.m. President Corica inquired if a resolution should be drafted. The City Attorney stated the City needs to get focused; that Councilmember Camicia focused on funding, President Corica focused on an operational element; homeowners need to focus on political contacts and the possibility of costing the Port money; and that if a resolution is clear cut and focused, it can be helpful. Councilmember Thomas requested the resolution include signs, as Mr. Kane noted, particularly for transients. Councilmember Camicia suggested a series of resolutions instead of just one, as there are a range of issues on the subject. President Corica stated that can be done or the matter could be brought up at a joint meeting, perhaps with the Port commissioners, and then perhaps focus in on two resolutions. The City Manager suggested Council may wish to use the official position of the City in regard to the Part 150 Study with its list of concerns, including moving to Runway 29 and no landing or takeoff of the Concorde. Mr. Kane recommended that the Council not suggest all aircraft be moved to Runway 29; that there could be departure of some aircraft to the East. Mrs. McPherson stated the City needs to establish a noise level. Councilmember Monsef inquired if the resolution or resolutions will be provided at the next Council meeting, as there are a number of items raised by the residents that should be included, to which the City Manager responded affirmatively. Councilmember Camicia requested information on the bill mentioned by Mrs. McPherson. Councilmember Monsef made a motion to accept the communication. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87 -604 From Diane Coler -Dark, Park Street Business Association, 1363 Park Street, regarding meter free Saturdays. John Scott Graham, 1728 Tregloan Court, stated the street has not been cleaned since the Park Street Faire and they should clean the area before being granted free meter time. Ms. Coler -Dark stated it was believed the street markings were water - soluble, and a solution to remove the markings is being sought; submitted a compilation of figures of results of. Park Street's meter -free Saturdays; urged Council to continue the free meters, and stated that if the City considers meters a revenue source, it should be considered that free meters would allow growth which would increase tax revenues. Bernard Rony, 1431 Park Street, stated that people do not want to park a couple of blocks from shops they patronize; nor constantly aware of time limitation on meters; and urged Council to continue the meter -free Saturdays. Frank Lopez, 1401 Park Street, stated he talked with owners and employees, informing them of parking areas away from the business district leaving the parking meter areas free; stated the meter free Saturdays are helpful and asked they be continued. Councilmember Haugner inquired if there is enough loss of revenue from the meters to be a concern, and if any other business areas had the same benefit of meter free Saturdays. Councilmember Camicia made a motion to accept the communication and direct staff to prepare a report regarding revenue loss on meter -free Saturdays throughout the City, including an analysis of the last three months on Park Street. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. The City Manager clarified that in the meantime, the meter free Saturdays would continue. 87-605 From Park Webster Homeowners' Association, 1333 Webster Street, regarding Webster Street. Councilmember Monsef made a motion to accept the communication. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-606 From Jay de los Reyes, 16 Hampton Court, regarding proposed Zoning Text Amendment ZA-87-4. Councilmember Camicia made a motion to accept the communication, and take the matter under consideration during the related hearing. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-607 From Jacinto Zamora, 2932 E. 7th Street, Oakland, regarding proposed downzoning, R-5 parcel, located at 700 Central Avenue. Councilmember Camicia made a motion to accept the communication, and take the matter under consideration during the related hearing. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 87-608 Consideration of proposed Negative Declaration and amendment to the Municipal Code, amending various sections of Chapter 1, Title XI (Zoning) relating to regulations for the R-2 through R-6 Zones, and non-conforming uses. The Planning Director explained the matter. On the call for proponents, there were none. On the call for opponents, the following spoke: Fred Scullin, 1120 Chestnut Street. Ed Murphy, 2618 Janis Circle. Councilmember Thomas stated that Council does not have a lot of information it should have, that she will not be able to vote without having the letter from the State regarding the Draft Housing Element and without having an update of what is going to happen in the General Plan which is being revised, and would like to see the Planning Board minutes. [Items referred to by speakers] President Corica agreed, stated there are a lot of speakers, suggested the hearing be continued until Council can receive the information which he believes should be before them if the rest of the Council, and those who have submitted speaker slips, agree. John Mitcheom, 759 Central Avenue, stated he wished only to congratulate President Corica on his election as Mayor. 239 Councilmember Thomas made a motion to continue the hearing. Councilmember Camicia seconded the motion. Richard Roth, 1417 5th Street, stated he wished to comment, since they were continuing the matter, that he believes it is appropriate for the benefit of many property owners who do not realize what is involved in this issue, that all people with R -2 through R -6 property be notified what is happening to their property values. President Corica clarified that the hearing would continue at the next regular Council meeting, and will be readvertised. The motion was carried by unanimous voice vote - 5. 87 -609 Consideration of proposed amendment to the Municipal Code, amending Article 4B of Chapter 1, Title XI (Zoning) relating to sign regulations. President Corica explained the hearing procedure. 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 Thomas stated there does not seem to be a set enforcement procedure regarding the signs and inquired if that could be done; and commented that Council should perhaps address the matter of on- premise directional signs. The City Manager commented regarding the procedure followed in the program of enforcement; and, regarding directional signs noted that Council may consider amending the ordinance, but that legislation is currently being considered at the State level which would affect City ordinances on the subject. Following further detailed discussion regarding sign size and placement, Councilmember Camicia made a motion to accept the recommendation, Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87 -610 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Article 4B of Chapter 1, Title XI and Section 12 -222 thereof relating to sign regulations." Introduced. Councilmember Haugner made a motion to introduce the ordinance. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87 -611 Consideration of extension of Interim Ordinance No. 2350, N.S., prohibiting and suspending issuance of building permits for construction on certain properties located at Gibbons Drive, Fernside Boulevard and High Street, that are inconsistent with proposed zoning. President Corica explained the procedure of the hearing. The public portion of the hearing was opened. On the call for proponents, the following spoke: James Royer, 3100 Fernside Boulevard Antoinette Carbone, 3121 Fernside Boulevard (Pictures were submitted regarding parking in area.) Lucy Hocking, 3122 Fernside Boulevard Sheila Doan, 3018 Gibbons Drive Maureen Moriarty, 1904 Connell Drive Edward Payne, 3122 Marina Drive On the call for opponents, the following spoke: John Barnard, 1134 Ballena Boulevard The public portion of the hearing was closed. Councilmember Camicia stated he believes it appropriate to continue the moratorium, but a neighborhood and landowner are concerned about the property, and therefore suggests a discussion among the people involved at which time an agreeable conclusion regarding what can be developed on the site might be reached. President Corica stated it is a good suggestion but that it has been done before without success. Mr. Barnard stated he talked to people considering offers, about sitting down with neighbors to work things out, but project must go through process with the City affording opportunity for input. President Corica suggested Mr. Barnard bring clients to Council to consider matter if they do not wish to meet with neighbors first. Mr. Barnard inquired if the ordinance could be lifted if a solution is found, to which the the City Attorney stated the ordinance can be repealed at any time. Councilmember Monsef inquired if there is any idea of use of prospective buyers, to which Mr. Barnard replied that one client is a travel agency. James Tsukamoto, real estate broker who has the listing, stated the other offer is a client contemplating a small office structure. Councilmember Haugner stated that there are many homeowners present but the consideration seems to be for the buyer. President Corica inquired of the homeowners if they would be agreeable to reviewing plans of a broker's prospective client, and if it is acceptable, then Council could consider it. Lucy Hocking responded for homeowners that their concern is that a building might be erected for two small offices but then might be turned into something else which is not acceptable. Councilmember Thomas stated concern about C-1 zoning and suggested alternatives. Ms. Hocking stated with other zoning, the neighbors could work with persons involved. President Corica stated Council should go on record as to whether they are or are not for C-1 zoning. Following further detailed discussion regarding the property and zoning, Councilmember Monsef stated that prior Council instructed the Planning Board to downzone to R-1 and he still believes it should be done, and moved for extension of the moratorium. Councilmember Haugner seconded the motion - 5. The Planning Director requested Council specify a length of time. Councilmember Monsef suggested 3 month extension and it was agreed upon by consensus of Council. RESOLUTIONS 87-612 Resolution No. 11281 "Appointing Linda I. Pritchard a member of the Planning Board. Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. The Acting City Clerk administered the oath. 87-613 Resolution No. 11282 "Reprograming of unexpended prior year's UDAG Loan Repayment Funds and Fiscal Year 1987-88 CDBG Funds for Woodstock Child Development Center." 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 87-614 Ordinance No. N.S. "Amending various sections of Chapter 1, Title XI of the Alameda Municipal Code, relating to regulations for the R-2 through R-6 Zones, and non-conforming uses." President Corica noted this matter is held over with the related Hearing (See Para 87-608) 242 FINAL PASSAGE OF ORDINANCES 87-615 Ordinance No. 2359 N.S. "Extending Interim Ordinance No. 2350, N.S., prohibiting and suspending issuance of building permits for construction on certain properties located at Gibbons Drive, Fernside Boulevard and High Street, that are inconsistent with proposed zoning." Introduced and adopted. Councilmember Monsef made a motion to introduce and adopt the ordinance. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-616 Ordinance No. 2360 N.S. "Amending Ordinance No. 1929, N.S., relating to City Clerk fees." Adopted. Councilmember Haugner made a motion to introduce the ordinance Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87-617 Ordinance No. 2361 N.S. "Amending the Alameda Municipal Code by adding Section 3-517 exempting certain repairs from the Construction Cost Tax." 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. UNFINISHED BUSINESS 87-618 Status of Mayor's Committee for the Handicapped. President Corica commented that at the last meeting Councilmember Camicia inquired about the possibility of reestablishing the Committee; stated he believes it is an excellent idea as the Committee was a very effective one; noted several persons had called about it; and stated there should be a limit set. Councilmember Monsef stated the concept is very good and supports the recommendation to reinstate the committee, and that it have a membership of five. President Corica inquired regarding staffing of the committee to which the City Manager responded he would recommend that it be staffed by the Public Works Department, and suggested Social Service Human Relations Board be permitted to input when matters are transferred to the Committee. President Corica agreed and requested the Board be informed of the reactivation of the Committee and request any comments they may have regarding the matter. Councilmember Monsef made a motion to reinstate the Committee with a membership of five. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 3 NEW BUSINESS 87 -619 Consideration of two appointments to the Cable Television Oversight Committee. President Corica moninated Robert Kreitz and Gordon F. Waldear for reappointment to the Cable Television Oversight Committee. Councilmember Monsef seconded the nomination and it was confirmed by consensus of Council. 87 -620 Establishment of Fire Inspection Fee for apartment units. Richard Roth, 1417 5th Street, stated if there is to be a Fire Department fee, then everyone who owns a house in Alameda should be charged. Ed Payne, 3127 Marina Drive, stated he believes the Fire Department needs and deserves money "but Council should give it to them; and that citizens are already paying for fire protection. Following brief discussion, Councilmember Monsef made a motion to table the matter, and Councilmember Thomas seconded the motion. John Barni, Sr., 1380 East Shore Drive, stated he agrees that the Fire Department needs money but if fees are set, it should be on all property, not just apartment owners; and does not believe transfer tax is fair. Councilmember Thomas noted the matter of transfer tax is to be addressed at a meeting with the County of Alameda next week. The vote to table the matter was carried by unanimous voice vote - 5. 87 -621 Councilmember Camicia- requested a resolution supporting State Senate Bill 181, a bill which supports funding for library reconstruction or construction, be placed on the next Council agenda. 87 -622 Councilmember Haugner requested a report regarding the U.S.S. Missouri and its affect on Alameda be placed on the next agenda. 87 -623 Councilmember Thomas commented she would like the ordinance she previously requested, regarding a local hiring preference, be placed on the agenda in the near future. 87 -624 Councilmember Thomas stated that property tax collected and forwarded by Alameda County to the City, not be allowed the current lag in payments, by exerting pressure upon the County through the Conference of Mayors and support of other cities. ORAL COMMUNICATIONS, GENERAL 87 -625 Fred Scullin, 1120 Chestnut Street, commented that his opinion of Councilmember Camicia has changed; that Councilmember 244 Camicia, commendably, keeps office hours for the public and is studying issues; and commended Council for the tenor of the Council meeting. 87-626 John Scott Graham, 1728 Tregloan, stated he believes a cross-airport roadway could be used for bargaining with the airport authorities. ADJOURNMENT President Corica adjourned the meeting at 10:50 p.m. Respectfully submitted, Patricia Calbreath Acting City Clerk The agenda for this meeting was posted 72 hours in advance, in accordance with the Brown Act.