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1986-03-18 Regular CC Minutes68 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MARCH 18, 1986 At the conclusion of a pre - Council meeting, President Diament ordered the Executive Session to discuss the Workers' Compensation Claim of Robert Follrath, Police Officer. The regular Council meeting convened at 7:30 p.m. (at the conclusion of the Community Improvement Commission) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Monsef. ROLL CALL: Present: Councilmembers Corica, Hanna, Monsef and President Diament - 4. Absent: Councilmember Lucas. MINUTES Councilmember Hanna made a motion for approval of the minutes of February 4, 1986 and February 18, 1986. Councilmember Corica seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Hanna and Corica, President Diament - 3. Noes: None Abstentions: Councilmember Monsef (abstained due to his absence at the February 18, 1986 meeting.) SPECIAL ORDERS OF THE DAY President Diament read the Proclamation regarding "Youth in Government Day ", then recognized the representatives of youth organizations, and parents of participants in the days' activities, who were present. The Assistant City Manager outlined the program of the day which included various functions at City Hall and the Police and Fire Departments. Copies of the Proclamation were then presented by President Diament to individuals and representatives of youth organizations who were participants in the days' activities. 69 CONSENT CALENDAR Councilmember Hanna made a motion for adoption of the Consent Calendar. 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 *) • *86-128 From Chairman of the Historical Advisory Commission regarding City Hall renovation plans. Accepted. *86-129 From Assistant City Manager concerning property insurance. Accepted. *86-130 From Finance Director on City's Investment Portfolio as of February 28, 1986. Accepted. *86-131 From Recreation and Parks Director regarding lobby renovation of Mastick Senior Center. Accepted. *86-132 From Public Works Director recommending acceptance of work by George E. Masker, Inc., painting contractors for painting hallways of City Hall, Alameda, P.W. No. 7-85-21. Accepted. RESOLUTIONS *86-133 Resolution No. 10848 "Amending conflict of Interest Code by amending Paragraph 2 of Resolution No. 9460 relative to disclosure positions and disclosure categories." Adopted. *86-134 Resolution No. 10849 "Declaring copies of the Uniform Fire Code, 1985 Edition, placed on file with the City Clerk to be public records; setting the time and place of public hearing on the adoption of said Code by reference; and directing publication of notice of said hearing." Adopted. *86-135 Resolution No. 10850 "Adopting Plans and Specifications and calling for bids for construction of crosswalks on Park Street, Central Avenue to Santa Clara Avenue, P.W. No. 3-86-4." Adopted. *86-136 Resolution No. 10851 "Granting conditional extension of time for subdivision improvements for Harbor Bay Isle Tracts 4254, 4289, 4290, 4513, 4515 and 4541. Adopted. *86-137 Resolution No. 10852 "Approving Parcel Map No. 4785 for division of property within Harbor Bay Business Park and permitting recording thereof. (Harbor Bay Isle Associates, subdivider). Adopted. *86-138 Resolution No. 10853 "Adopting Plans and Specifications for pruning of street trees in various locations within the City, calling for bids and directing City Clerk to advertise same." Adopted. 70 *86-139 Resolution No. 10854 "Authorizing allocation of funds and open market purchase of parking meter coin counting equipment pursuant to Section 3-15 of the City Charter." Adopted. *86-140 Resolution No. 10855 "Adopting Plans and Specifications for fabrication and installation of street directories at various locations on Park Street, calling for bids and directing City Clerk to advertise same." Adopted. *86-141 Resolution No. 10856 "Authorizing the filing of a claim with the Metropolitan Transportation Commission for allocation of Transportation Development Act Article 4.5 funds for fiscal year 1986-87." Adopted. FINAL PASSAGE OF ORDINANCES *86-142 Ordinance No. 2275 "Amending the Alameda Municipal Code by amending Chapter 5 of Title I thereof relating to persons authorized to enforce violations by infraction citations." BILLS *86-143 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,635,628.23. RETURN TO REGULAR AGENDA Councilmember Hanna suggested that the resolution regarding a committee appointment be taken out of order at this time. President Diament and Council concurred. *86-144 Resolution No. 10857 "Appointing Pamela K. Mackenzie a member of the Cable Television Oversight Committee." Councilmember Monsef made a motion to adopt the resolution. The motion was seconded by Councilmember Hanna and was carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office to Pamela K. Mackenzie. WRITTEN COMMUNICATIONS 86-145 From Alice Huie, President, League of Women Voters of Alameda, Inc., P.O. Box 1645, wishing to present the Council with the 1985-1987 edition of "Decision Makers." Mrs. Huie made the presentation of "Decision Makers", a directory of regional agencies, to the City Council. 71 86 -146 From Fred Scullin, 1120 Chestnut, regarding developer fees for construction of school facilities on Bay Farm Island. Mr. Scullin voiced his concerns about the school district needs. Councilmember Hanna commented that the Council should not preempt the School Board's prerogatives, but that the Council would certainly cooperate with the School Board should they contact Council. Councilmember Hanna made a motion to accept the communication. The motion was seconded by Councilmember Monsef and was carried by unanimous voice vote - 4. 86 -147 From member(s) of the Spa Homeowners' Association, 2133 Santa Clara Avenue, concerning an unsafe condition existing at that property. President Diament stated that the complaint was checked by the Fire Department who reported there is no danger of a fire hazard. The City Manager affirmed that Was correct. Councilmember Hanna made a motion to accept the communication, Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 86 -148 From Washington Street neighbors regarding construction at 1038 High Street. President Diament noted that the concerns of the people were related to the house that was moved. The Public Works Director mentioned that the house at 1038 High Street was moved from the West End of Alameda. Since that time neighbors were concerned about whether the house fits the lot, if it is too high, and if there is a proper setback. The Public Works Director further stated that, because of the controversy, the City has been to see the owner, a survey by the City has been made and it has been determined that the house is positioned correctly, has a proper setback and correct height with about four inches remaining. Councilmember Corica stated that neighbors coming to him are concerned, because of the dormers, that there will be three families living in the house. The Public Works Director mentioned that the Planning Department has noted that if plumbing is to be put into the building, the City would not approve. He mentioned, also, that the building is being closely monitored. Councilmember Corica made a motion to accept the communication and it was seconded by Councilmember Hanna. The motion was carried unanimously by voice vote - 4. 86 -149 From John Ruzek, Sierra Club Coordinator, 756 Hilton Road, Walnut Creek, regarding the proposed May 18, 1986, "Kodak Liberty Ride Festival." 72 Mr. Ruzek stated he is working with Eastman Kodak in its national bike riding festival to support renovation of the Statue of Liberty and is therefore organizing the bike ride in this area. He further stated that the tentative route would require shutting down the Webster Street tube to allow the riders to enter the Island via the tube, proceed down Webster to Shoreline, and exit via Broadway and the Miller-Sweeney Bridge. Kathy Kompaniez, a representative of Eastman Kodak addressed the Council, requesting that the City participate in the Festival, and that Council allow the bike ride and approve the requested route. President Diament commented that a letter had been received from the United States Conference of Mayors encouraging participation in the Festival throughout the country. Councilmember Monsef made a motion to accept the communication and to ask staff to proceed with the normal administrative matters. The motion was seconded by Councilmember Corica and carried by unanimous voice vote - 4. President Diament stated that this calls for a Resolution on the next agenda. HEARINGS 86-150 Hearing on proposed use of General Revenue Sharing Funds for fiscal year 1985-86. President Diament opened the public portion of the hearing. There were no public speakers, and the public portion was then closed. Councilmember Hanna made a motion to accept the City Manager's recommendation and consider further discussion regarding funds under the portion of the meeting which addresses the operating budget. Councilmember Corica seconded the motion and it was carried by a unanimous voice vote - 4. 86-151 Hearing regarding consideration of override of Alameda County Airport Land Use Commission Policy Plan which would prohibit construction of residential buildings in an approximately 1.5 acre northerly portion of property included in Tentative Tract Map 5527, Lighthouse Cove, located southerly of Oleander Avenue at Melrose Avenue. The Planning Director noted that the Airport Land Use Commission (ALUC) is necessary for regulation of land use and generates plans regarding usage; that several years ago the Council overrode the policy plan of the ALUC with regard to Silver Farms (now called Heritage of Alameda), which is southeast of the project under consideration; and that the northerly portion extends into the area called "Safety Zone". The Planning Director further outlined the City's criteria regarding safety zones, which, given appropriate operating conditions from the airport, would allow residential use within the safety zone up to a maximum of 30 persons per acre. The Planning Director noted, also, that, under the present proposal, the residences that would occur within that area would generate approximately 13 persons per acre (given the City's average for household size from the 1980 census). 73 Councilmember Hanna questioned whether the 13 persons per acre density would apply to the Silva Farms area as well as the subdivision in question, to which the Planning Director replied in the affirmative. Councilmember Corica commented that although there was discussion regarding density of 13 persons per acre, there was also discussion regarding 9 dwelling units, and that the total number of persons would be greater than 13; that it could be possibly up to 24 persons. President Diament opened the public portion of the hearing. Proponents: Scott Walker, 89 Davis Road, Orinda, of PRC Engineering, stated that he and Mike Engle of Pulte Homes were present to answer any questions on the issue. Opponents: Fred Scullin, 1120 Chestnut Street, asked that the Council consider neighboring cities, with particular regard to the traffic impact and county planning for the airport safety problems. Edward C. Gustely, 2823 Bayview Drive, requested that the Council consider that the San Francisco Airport will soon reach capacity, that the Oakland Airport air traffic will be greatly expanded as well as the hazards related to expanded air traffic, and that the decision currently made will determine the hazards present for residents ten or twenty years from now. He then questioned if the waiver of the policy and requirement of the Alameda County Airport Land Use Commission would result in liability of the City of Alameda for any damages to residents in those areas to falling aircraft and falling aircraft parts which may occur. The City Attorney replied that there would be no resulting liability. Barbara Thomas, 1118 Paru Street, stated her concerns regarding possible impact with regard to schools and traffic and further discussed the safety zone and possible City liability, noting that the City of Concord had been sued. Councilmember Monsef requested comments from the City Attorney regarding liability. The City Attorney stated that it is quite clear that the City would have no liability; that the Government Code is quite clear that if there is provision for an override, it becomes a discretionary act for which no liability will attach. He mentioned that the Concord lawsuits were based on ownership of the airport. The Planning Director noted the prohibition of development in Safety Zone A, and described the development within Safety Zone B. 74 Councilmember Hanna commented that a great deal of attention is given to the Airport Safety Element with regard to the City; that the density proposed is less than in the previous plan and he would be willing to proceed with the override. President Diament noted that at the time the three way agreement was made, it was agreed by everyone that conditions would be safer as the years progressed -- the main runway is completely away from the area under discussion. Councilmember Corica said that he had a problem with approving nine homes in the safety zone, although there had been an override of the ALUC in the past. He noted also that the Business Park, when it is complete, would undoubtedly have corporate planes that would be taking off over the area in question and therefore he stated he believed there should be a slowdown or hold position imposed in the area's development. He stated that schools, fire station and commute traffic needs have not yet been resolved and therefore he could not in good conscience vote yes on this matter. Councilmember Hanna stated he believed there should be a full Council and moved that the matter be held over for full Council. Councilmember Monsef seconded the motion and it was carried by the following vote: Ayes: Councilmembers Hanna and Monsef and President Diament - 3. Noes: Councilmember Corica - 1. Absent: Councilmember Lucas - 1. 86 -152 Hearing regarding consideration of Tentative Map Tract 5527 for Lighthouse Cove to create 46 lots varying in size from 3200 to 4000 Square feet on a 5.6 acre parcel between Oleander Avenue and the Harbor Bay Business Park. Applicant: Pulte Home Corporation. President Diament noted that the Hearing would be continued along with the ALUC Hearing previously discussed. REPORTS AND RECOMMENDATIONS 86 -153 From Chairman of the Historical Advisory Commission regarding historic districts. Commissioner Robert E. DeCelle, P.O. Box 1606, representing the Historic Advisory Commission (HAC), stated that he had been asked by David Plummer, Chairman of the Historic Advisory Commission to appear and request that the Council seriously consider establishing heritage and historic areas. He noted that there are presently no provisions in the Alameda zoning ordinances for historic districts, that the HAC recommends setting some historic districts aside as Vallejo and Oakland do. He reminded the Council that the certified local government programs may have funding for survey and planning activities regarding historic areas. President Diament inquired what the process would be to have the Planning Board review the matter. 75 The Planning Director stated that the Board expressed a willingness to work with HAC. Councilmember Hanna stated that he thought the request for preservation should come from the property owners. Councilmember Corica suggested that, rather than placing the problem with the Planning Board, allow the Historical Advisory Commission to come before the Council and recommend certain areas to set aside as long as it does not impose on the owners or others. Commissioner DeCelle stated that it was not the intention of the Historical Advisory Committee to step into an area in which it does not belong; that he understands the concern of Councilmembers; that there are definite zones and blocks where the homes are unique and should be preserved. Councilmember Monsef stated he liked the recommendation of the Commission; Councilmember Corica agreed also that the Historical Commission should continue to survey the districts and make recommendations. Councilmember Hanna also agreed and stated that there must be a balance. Mr. DeCelle commented that he hopes to give that balance and thanked the Council for its support. 86 -154 From City Manager on proposed amendment to City's business license ordinance. The City Manager noted that the current business license ordinance was last reviewed in May of 1976 and has several provisions that are outdated. He noted further, that the ordinance was not comparable to those in other jurisdictions; that most have dropped the options and gone to gross receipts; that most businesses in Alameda opt for the tax based upon number of employees, and as a result many small businesses pay a higher percentage of their gross receipts than do the larger businesses. He stated that the staff is proposing that the options be deleted from the current ordinance. He further stated that the staff was proposing a minimum tax of $30.00 that does not exist in the current ordinance, and a surcharge for a litter cleanup program, which would cost approximately $60.000 to staff. Richard Roth, 1417 - 5th Street, representating the West Alameda Business Association, asked the Council for further time to study all the ramifications and gather additional facts. He stated that the first of April was too short a period of time for input, that it would take that long to distribute material on it. Mr. Roth further spoke on a personal basis as an Alameda business- man to the effect that he believed that the small businessman was carrying the burden of the increase, and presented information and figures to support his argument. 76 Councilmember Corica stated that he believed it was a very short amount of time and in order to give everyone an opportunity for input, another sixty days should be given. The City Manager noted that it would put the tax changes off for another year because of the time the bills should go out. He stated that the matter should be settled by the first of May. Councilmember Corica questioned what the City Manager's estimate would be of tax based on employees when the Business Park is completed. The City Manager responded that he did not have that information. Councilmember Monsef suggested that other businesses which will be locating in Alameda should be considered in the fee increase projection. In response to a question from Councilmember Hanna, the City Manager stated that walking police patrols were on Park Street in the afternoons for the purpose of reducing bike and skateboard traffic which is a problem there. Councilmember Corica expressed concern about the proposed litter surcharge and the loss of voluntary help for litter clean-up at food establishments. The City Manager responded that it was a very good point and provisions for reduction of financial commitment will be considered for establishments that engage in voluntary litter clean-up. Councilmember Corica noted that the Fernside Shopping Center had not been notified and asked if the shopping center would be, to which the City Manager responded in the affirmative. The City Manager noted however, that they might not have an association. The City Manager stated, in connection with a comparison to other communities that the average business pays more in other communities than in Alameda. Councilmember Corica stated he would feel comfortable giving citizens more of an opportunity for people to provide input regarding the matter, and if the small neighborhood businesses could have something sent to them. Councilmember Hanna suggested printed flyers to be handed out in small business areas. Councilmember Corica suggested that notices be placed in Bureau of Electricity mailings. Councilmember Hanna made a motion that the matter be brought back to the City Council at the first meeting in May and that the City Manager give consideration to the various suggestions which may be received. Councilmember Monsef said that he would like to stress notification to the businesses in a sufficient way and would then second the motion. Councilmember Hanna agreed to the amendment to the motion. The Motion was carried by a unanimous voice vote - 4. 77 86 -155 From City Manager recommending funding alternatives for Patton Way, Phase III. The City Manager noted that the staff reported an anticipated shortfall in the Patton Way Project due to unanticipated cost overruns related to the soil conditions. As a result, in order to proceed with Patton Way, the recommendation is being made to Council that a loan be made from the General Fund Reserves of $685,000.00 which will bear interest at a rate of lost opportunity calculated by the Finance Director. To repay the loan, funds are anticipated from the developer of the shipyard project in the amount of approximately $500,000 depending upon the amount of investment down in that project and in addition to that 1% of the 3% of the proceeds from the development agreement is to be committed towards funding of Patton Way. In addition, there are several pieces of property Mr. Beery has expressed an interest in purchasing and they are currently being appraised and it is anticipated that this will be presented to Council. The sale of the properties could raise $300- 400,000. All of this could be used to pay off the loan from the General Fund of the $685,000 for the acquisition of the right -of -way for Phase III. Cal Trans has also been asked to pick up part of the cost overrun since they are participating in this construction project. In order to provide adequate revenues to protect the General Fund and to provide sufficient revenues for the shortfall and the street refurbishing and restoration, staff is recommending to the Council the imposition of a surcharge on the value of all building permits issued at the point in time that (if the Council approves an Ordinance) the Ordinance is approved. The City Manager explained the necessity of acting upon funding for Patton Way and recommended that Council direct staff to develop an ordinance for a one percent construction and road repair user fee to be implemented in conjunction with building permits and authorize the loan of $685,000 from the General Fund Reserves to purchase Right of Way for Patton Way, Phase III. James B. Davis, attorney for Harbor Bay Isle, commented that the funding alternatives have impact on Harbor Bay Isle and they need an opportunity to fully review it, but April 1st is a very short time for which to prepare. Councilmember Hanna made a motion to direct the staff to develop an ordinance for one percent construction of the road repair user fee to be implemented in conjunction with building permits, and authorize the loan of $685,000 from the General Fund Reserves to purchase right -of -way for Patton Way, Phase III. Councilmember Monsef questioned whether or not the motion implies that the ordinance is to be presented to the Council at the first meeting in April. Councilmember Hanna replied that it is. Councilmember Corica raised question regarding a letter from John Beery to the Public Works Director regarding the purchase of City -owned property north and west of Marina Gate and why they were given right of first refusal on the purchase. The City Manager explained that the right of first refusal implies that the City will go to bid and that Mr. Beery, who owns adjacent property, will have 78 the opportunity to beat whatever is the highest bid so that the City will receive the maximum amount. Councilmember Monsef seconded the motion of Councilmember Hanna. The motion was carried by a unanimous voice vote - 4. 86-156 Resolution No. 10858 "Amending the 1985-86 Operating Budget. Councilmember Hanna made a motion to adopt the resolution amending the operating budget. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 86-157 Resolution No. 10859 "Authorizing a Fourth of July Parade in the City of Alameda and approving the route thereof." Richard Roth, 1533 Webster, Webster Street Business Association, questioned the route the parade would be taking. Upon being informed by President Diament that it was the same as last year, he noted that it would be a problem, that it had been "tried" last year and was to be discussed further. Following discussion regarding the route, Councilmember Corica stated that the matter should be returned to the parade committee, informing them that Council has heard that the Webster Street Business Association has some concerns, and that the route should be reconsidered. Councilmember Corica made a motion that a Resolution authorizing a Fourth of July Parade be approved. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. UNFINISHED BUSINESS 86-158 President Diament noted that there was an item to have been on the Unfinished Business agenda regarding the trucks on Buena Vista but that it has been held over by Councilmember Lucas' request. The City Manager noted that the item had been referred to the Traffic Advisory Committee by Councilmember Lucas and as a result of that, knowing that she would not be present, he elected to omit it from the evening's agenda. NEW BUSINESS 86-159 President Diament noted that the City Manager had received a letter from the School District regarding items they are storing that belong to the City (lamps and mirrors from the Alameda Theater). The School District would like to have them removed from their premises, but the City does not have a space to store them. President Diament noted that perhaps the Alameda Historical Museum should be asked if they would like to have the items or otherwise dispose of them with some monetary exchange for the City's benefit. Councilmember Hanna noted that if it were a matter of disposal, that Mr. Beery is very supportive of the School District and school facilities, that he has a very large building and perhaps he would Z9 be willing to undertake the liability. President Diament noted that he has the theatre also, and perhaps he would like to put them back in the theatre. 86 -160 President Diament mentioned that there was a letter from Bay Cities Association who are asking the City to advance $1400. in connection with the Golden Gate Yacht Challenge to be repaid, and she further noted that it should come up at the next meeting. 86 -161 Councilmember Corica commented on an article in the Notebook of the Times Star on March 14, 1986, in which Mr. Beery was quoted. 86 -162 Councilmember Hanna expressed concern regarding a contract for a consultant to determine what the City's load forecasting should be for the next twenty years, and what the reliability factor is on the Jenny Substation. Councilmember Monsef stated that it is too late to acquire a reliability factor because the system is already built, and that Council would like a reply from the Public Utilities Board on the matter. Councilmember Monsef also stated that the Bureau of Electricity has the staff to do power management. Councilmember Monsef suggested that a work session be scheduled between the Public Utilities Board and Council. ORAL COMMUNICATIONS 86 -163 Fred Scullin, 1120 Chestnut Street, commented that he had information that two members of the School Board were interested in selling the Mastick Center. 86 -164 Barbara Thomas, 1118 Paru, expressed her concern regarding the School District and stated that she believed the needs of the school are more critical than Patton Way or consultants. 86 -165 Councilmember Corica asked the City Attorney if the City would need to pay the fees for the City Auditor's attorney if the City was successful in its defense. The City Attorney responded that the Auditor is an elected official and has a right to the City's payment of his costs. ADJOURNMENT President Diament adjourned the meeting at 10:45 p.m. ectfully submitted, Diane B. Felsch