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1986-04-15 CC Regular Minutes92 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY APRIL 15, 1986 The meeting convened at 7:33 p.m. (at the conclusion of the Community Improvement Commission meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Hanna. Reverend Wilfred Hodgkin gave the Invocation. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. (Councilmember Corica, due to a prior committment, arrived at 8:33 p.m.) Absent: None. MINUTES Councilmember Monsef made a notion for approval of the minutes of April 1, 1986. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. CONSENT CALENDAR Councilmember Hanna moved for adoption of the Consent Calendar, and Councilmember Lucas seconded the motion. The motion carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *86-194 From the Assistant City Manager regarding the application for erection of a tent for the purpose of conducting dedication ceremonies for Triton Biosciences, Inc.'s new laboratory building. Accepted. *86-195 From Finance Director on City's Investment Portfolio as of March 31, 1986. Accepted. *86-196 From Public Works Director on status of proposed changes in the City's telephone system. Accepted. RESOLUTIONS *86-197 Resolution No. 10869 "Awarding contract to Davey Tree Surgery Company for pruning of City street trees in various locations in the City of Alameda and authorizing execution thereof." Adopted. *86-198 Resolution No. 10870 "Adopting Plans and Specifications and calling for bids for Willow Street/Whitehall Place Sanitary Sewer Pump Station Modification and Force Main, P.W. No. 4-86-8, and directing City Clerk to advertise same." Adopted. 93 *86 -199 Resolution No. 10871 "Approving application for grant funds under the 1985 -1986 Roberti - Z'berg Urban Open Space and Recreation Program for redevelopment of restroom facilities at Lincoln Park." Adopted. *86 -200 Resolution No. 10872 "Establishing a policy for the use of City vehicles." Adopted. *86 -201 Resolution No. 10873 "Renaming a portion of Atlantic Avenue to Stewart Court." Adopted. *86 -202 Resolution No. 10874 "Renaming Seal Point Court to Veterans Court." Adopted. *86 -203 Resolution No. 10875 "Awarding contract to Thermal Equipment of Goddard, Kansas, for a sign making machine and authorizing execution thereof." Adopted. *86 -204 Resolution No. 10876 "Adopting Plans and Specifications and calling for bids for Marina Village Parkway Street Improvements, Project No. 7, Assessment District 84 -3, P.W. 3 -86 -6, and directing City Clerk to advertise same." Adopted. INTRODUCTION OF ORDINANCES *86 -205 "Authorizing the acquisition of certain property from Alameda Belt Line relative to construction of Atlantic Avenue extension." Introduced. FINAL PASSAGE OF ORDINANCES *86 -206 Ordinance No. 2277, N.S. "Amending the Alameda Municipal Code by amending Article 3, Chapter 5, of Title X thereof relating to permits for erection of tents and other movable structures." Adopted. BILLS *86 -207 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,348,491.83. 94 RETURN TO REGULAR AGENDA REPORTS AND RECOMMENDATIONS 86-208 From Chairman of the Recreation Commission regarding Godfrey Park. President Diament announced the removal of the Report from the agenda at the request of the Recreation Commission and stated that the City Council would be meeting with the Recreation Commission to discuss their plan and the matter would be returned to the agenda subsequently. 86-209 From Public Works Director on plans to repair sidewalks, curbs and gutters on Gibbons Drive. President Diament announced that the matter would be delayed at Councilmember Corica's request, until his arrival. (See Item No. 86-219) HEARINGS 86-210 Hearing on the adoption of the Uniform Fire Code, 1985 Edition, and Uniform Fire Code Standards. Lieutenant Steven McKinley, Fire Department, addressed the Council with regard to the adoption of the Uniform Fire Code, 1985 Edition. President Diament opened the public portion of the hearing. On the call for proponents, there were none. On the call for opponents, there were none. President Diament closed the public portion of the hearing. Councilmember Hanna made a motion to take the related Ordinance out of order. Councilmenber Lucas seconded the motion and it was carried by a unanimous voice vote - 4. 86-211 Ordinance No. N.S. "Adopting Uniform Fire Code, 1985 Edition, and Uniform Fire Code Standards prescribing regulations governing conditions hazardous to life and property from fire or explosion, providing for the issuance of permits for hazardous uses or operations, and establishing a Bureau of Fire Prevention and providing offices therefor and defining their powers and duties." Introduced. Councilmember Hanna made a motion to introduce the Ordinance; Councilmember Monsef seconded the motion and it was carried by a unanimous voice vote - 4. 95 RESOLUTIONS 86-212 Resolution No. 10877 "Supporting Governor's Proclamation designating April 14-19, 1986, as Earthquake Preparedness Week." Councilmember Lucas inquired if anything was being done currently within the City for earthquake preparedness. President Diament stated there was activity; that Mr. Hildebrand has been revising and updating the City's Emergency Plan. President Diament also noted that there are plans to bring the need for preparedness to the public's attention. Councilmember Hanna made a notion to adopt the resolution. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 4. 86-213 Resolution No.10878 "Authorizing modification of Agreement between City and Golf Course Restaurant Concessionaire." Councilmember Hanna made a motion to adopt the Resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 86-214 Resolution No. 10879 "Adopting reward program to help combat thefts from, and vandalism to, parking meters and appropriating funds from the Parking Meter Fund for this purpose." The City Manager noted that the Report regarding rewards recommends a substantial reward, although not substantial in relationship to the losses of approximately $50,000.00 within the last 4-5 month period, to anyone who assists in the arrest and conviction of suspects who have organized to commit crimes against the parking meters, as well as a lesser amount of reward leading to arrest and conviction of individuals breaking into parking meters. The City Manager added the program was being proposed as a disincentive. Councilmember Hanna made a motion to adopt the resolution and Councilmember Lucas seconded the motion. The motion was carried by a unanimous voice vote -4. 86-215 Resolution No. "Authorizing execution of agreement with Kimbell, McKenna and Von Kaschnitz, Certified Public Accountants, for financial auditing services." President Diament announced the Resolution would be considered by Council following an Executive Session at the conclusion of the meeting. 96 86 -216 Resolution No. 10880 "Approving route of the Mayor's Fourth of July Parade. Richard Roth, 1533 Webster, West Alameda Business Association, read a communication from the Association which stated numerous problems believed to be associated with the new shortened route, and requested a return to the 1984 Park /Otis /Grand/ Encinal /Central /Webster route. Robert E. Dixon, P.O. Box 532, President, West Alameda Business Association, submitted a petition to the Council from West End residents and business community requesting the parade route be returned to the traditional parade route. George Gadsby, 3437 Solomon Lane, Chairman of the Parade Committee, stated his reasons for the the new shortened parade route, submitted a list of contributors to the Council and maps of various parade routes of Alameda and other cities for comparison. Ed Clark, 1422 Cottage Street, a Webster Street business owner, suggested alternate routes every other year; one year on Park Street and the alternate year on Webster Street. Mr. Gadsby responded that the parade should be held at the same location every year. President Diament commented that the parade is called the Mayor's Fourth of July Parade but it is difficult to find a chairman and committee who are able to devote most of the year to it. Councilmember Hanna noted that Councilmember Corica was not present and considered whether Council should wait for his input. President Diament responded that Councilmember Corica's input received at the previous Council meeting was that it should be the same route which included both business districts. Councilmember Lucas stated it was difficult to make a decision on the route without having everyone on record (noting there had been no input from the Park Street Business Association). President Diament stated there had been ample and equal opportunity to be heard; that Mr. Roth's appearance on cable television at the previous meeting had created a great deal of response and that Park Street could have responded also. Councilmember Monsef commented that a decision to have the parade go through the center of town would appear a fair compromise. Councilmember Monsef made a motion to adopt the Resolution to approve the Grand Street route. Councilmember Hanna seconded the motion and it was carried by a unanimous voice vote - 4. Councilmember Hanna mentioned that possibly next year's parade committee could make the decision regarding which route to use. 97 Councilmember Corica joined Council for the remainder- of the meeting. FINAL PASSAGE OF ORDINANCES 86-217 Ordinance No. "Amending the Alameda Municipal Code by adding Chapter 15 to Title III thereof establishing a tax of one percent of construction cost for General Fund purposes." Councilmember Lucas questioned why the Ordinance was being introduced at the same time as the Final Passage, and whether or not it was mandatory, to which the City Attorney responded that the Charter specifically permits an Ordinance raising money or setting tax rates to be adopted and passed at the same meeting, adding that it was not mandatory and that it could be introduced and given final passage at two separate meetings. Councilmember Monsef noted that, even if an amount were small, a proposed tax should have time for public input and he would like to see the Council defer action to another meeting. Ed Clark, 1422 Cottage Street, asked if the tax were associated with the application of funding for the shortfall of Patton Way. The City Manager stated that the financing of Patton Way was a complex financing program and package including Federal funding and that Patton Way Phase III is not funded; that the purpose of the tax is to finance street improvements throughout the City of Alameda, and is necessary to address a significant shortfall in gas tax developed throughout the years; that other cities have addressed the problem by assessing fees on construction and that is basically what this Ordinance would do. Mr. Clark said he believed the tax would be for Patton Way, not the rest of Alameda,s streets and he, therefore, opposes the tax. Councilmember Hanna commented that Patton Way is being planned and constructed to provide a great service to this community; that this seemed to be just another opportunity to delay the project. Councilmember Hanna then moved introduction and passage of the Ordinance. Councilmember Corica stated that he believed that the Ordinance should be introduced at one meeting and passed at another meeting to allow public input. He stated also that he saw a problem with the one percent construction tax for citizens who want to repair their homes; and the public should not be required to pay that particular tax. He noted too, that it might induce some people to do remodeling without benefit of a permit, and therefore the $500.00 figure is too low. Councilmember Lucas noted that she saw the need for raising a tax because of criticism received regarding inadequate road 98 maintenance in Alameda; that the Patton Way contribution is a one -time contribution but the tax would remain in effect and would serve to improve and maintain the road system; that money must be provided; that because developers' and builders' trucks damage road systems, perhaps they should help pay for it; that she would support Councilmember Hanna's motion regarding the Ordinance if it were rephrased for introduction only, so that citizens would have an opportunity for input. Councilmember Hanna rephrased the motion regarding the Ordinance, to permit introduction only. Councilmember Lucas seconded the motion and it was carried with the following voice vote: Ayes: Councilmembers Hanna and Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. 86 -218 Ordinance No. 2278 N.S. "Amending Measure "A" enabling ordinance relating to rebuilding of destroyed structures." Councilmember Corica made a motion to adopt the Ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. RETURN TO REPORTS AND RECOMMENDATIONS 86 -219 From Public Works Director on plans to repair sidewalks, curbs, and gutters on Gibbons Drive. The Public Works Director noted the procedure in current use for notification of residents and for maintenance and/or removal of trees. Edwin Harrison, 2933 Gibbons Drive, agreed that action must be taken to correct the sidewalk situation, but recommended every consideration be given to maintain the liquid amber trees under discussion. Susan Dutcher, 2975 Gibbons Drive, remarked that it is the lack of criteria for decision making that concerns the residents, commented that several homeowners surveyed the area and could not find the hazard cited in a City letter regarding "severe flooding and hydroplaning ", requested Council to adopt guidelines presented by the Tree Committee, post trees to be removed, present list of alternatives other than removal at the same time of notification, and, implement and communicate guidelines for removal of trees. James Stonehouse, 2990 Northwood Drive, stated that the policy in question does not work; that the tree in question does not cause flooding and /or hydroplaning, and asked why the citizens were not contacted about the alleged problem at the intersection. Robert Doumitt, 3001 Gibbons Drive, complained about the notification procedure. 99 Don Kittleman, 2995 Northwood Drive, expressed his concerns about the tree removal policy. - Fred Scullin, 1120 Chestnut, added his concerns about trees, quoting Joyce Kilmer and Esther Robbins. Councilmember Corica commented that if the citizens had reviewed the Committee's recommendations, and agreed with them, that adoption of the guidelines should then meet the needs and concerns of the people. Councilmember Lucas commented that the tree policy needs to be improved and properly enforced. Councilmember Corica suggested that a registered letter could be sent to persons affected by a tree removal, the notice given could be extended from ten to fourteen days, and affected areas could be posted within 100 feet. Councilmember Corica added that perhaps a method could be found where no action would be taken unless there is a response from the person that was noticed. Arthur Whitehair, member of the Tree Advisory Committee, stated he would not like to have Council make a final decision on the issue tonight because the recommendation regarding the trees is only a draft. President Diament commented that urgent requests have been received from the Homeowners' Association to proceed with sidewalk repair and if the Tree Committee wants a delay, a time limit should be set. Mr. Whitehair stated that there are alternatives that need further exploration. Councilmember Hanna inquired about the length of time the Committee dedicated to the Gibbons Drive matter. Mr. Whitehair responded that a great deal of time has been spent on the Gibbons Drive matter; that they have requested City Engineering staff to provide costs of saving trees, i.e., moving the sidewalk outboard to get them away from the trees, perhaps even changing Gibbons Drive to a one -way street and they want to see what the cost factors are and what the citizens along the street are willing to pay in connection with various possibilities. Councilmember Hanna commented that there seemed to be an indefinite number of possibilities and he pointed out that the City has no insurance for sidewalk falls which generally represent fifty percent of the claims against the City. He suggested that the policy be somehow firmed up within two weeks. Councilmember Lucas asked if citizens had attended Tree Committee meetings, to which Mr. Whitehair responded that they had. 100 Councilmember Lucas stated that Council had given the Tree Committee the task to come up with a City policy on trees and she suggested that the people speak to the Committee if they feel the policy needs improvement, and that she would like to see input from the citizens at the next Tree Advisory Committee meeting and a solution to the problem quickly. Councilmember Corica stated there should be advertisements regarding the meeting and if room is needed, then a room at City Hall should be provided. Councilmember Hanna commented that when the Committee was formed, it was for only two areas of town, one of which was Gibbons Street, and something should be firmed up by now. President Diament requested Mr. Whitehair to hold a public hearing, and get the necessary input. Councilmember Lucas said that because the Committee is advisory to the Public Works Director there may be some staff support. James Stonehouse, 2990 Northwood Drive, commented that according to policy, no more than four or five trees in the Gibbons Drive area in any one year were to be removed, and if that is correct, then the repair of sidewalks can proceed. President Diament noted that the Tree Committee may possibly explore some extreme ideas such as one -way streets and changing curbs, so sidewalk repair would need to depend upon that decision. City Manager raised the possibility of leaving trees in if the citizens want to take the liability and hold the City harmless. City Attorney stated that Agreement must have consideration on both sides; that the State of California at one time adopted a provision which appeared to make the homeowners liable for the sidewalks but the Court of Appeals did not uphold it. Agreements could be made although it is problematical as to whether they would hold up. Steven Yeffa, 2630 Washington Street, commented that the Tree Committee should have Council's guidance and support. Councilmember Lucas stated in summary, that the Tree Advisory Committee would be working from the draft submitted and will come up with a final policy; that at their next meeting in about two weeks they will have public testimony and after the public testimony, they will come up with a final policy which will then go to the City Council and that should be within about a month, that the first June Council meeting should be the latest to have that Council policy. In the meantime, the draft policy could be followed, and the notification that goes to property owners should advise them of all options. Councilmember Lucas made a motion that the draft policy of the 101 Tree Advisory Committee be followed until the final policy is adopted. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. UNFINISHED BUSINESS 86 -220 Councilmember Hanna questioned the status of the golf course slough pumps and suggested that Mr. Robert Tennet be contacted regarding any problems for which there are no solutions. 86 -221 Councilmember Hanna inquired about the status of the Krusi Park Tot Lot, to which the City Manager responded that he would report back on the matter. 86 -222 Councilmember Lucas recommended that the drive -in theatre area be zoned CM -PD. Councilmember Lucas made a motion that the matter be referred to the Planning Board. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. NEW BUSINESS 86 -223 The Chairman of the Historical Advisory Commission recommended nomination of George Gunn for an award from the American Association for State and Local History, commenting that his book is an excellent work. Councilmember Corica commented that everyone is proud of what George Gunn has done with the museum and of how helpful he is to the citizens of Alameda who need information. Councilmember Corica made a motion that Council support the nomination. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86 -224 Councilmember Hanna asked if the bids to be received by the Bureau of Electricity today for undergrounding of lines for Patton Way and removal of the substation were opened. The City Manager said he would report back within a day or when the bids are submitted to the Public Utilities Board which meets Monday, April 21, 1986. Councilmember Hanna stated he would wait until that time. ORAL COMMUNICATIONS 86 -225 Richard Roth, 1417 5th Street, made further comments regarding the Mayor's Fourth of July Parade. Councilmember Corica commented that he was sorry he had been late to Council meeting and missed that portion because he did not believe he would have voted for the route. 102 President Diament commented that the last three chairmen of the Parade committees have been in favor of the new route. 86 -226 Fred Scullin, 1120 Chestnut Street, informed Council that he is investigating the City's relationship to Harbor Bay Isle particularly with regard to the Fill Agreement under which he believes there remains approximately 15 acres the City may claim. ADJOURNMENT 86 -227 President Diament adjourned the meeting at 10 :05 p.m. to Executive Session to consider the case of Lofstrand v. City of Alameda. Following adjournment of the Executive Council, the Council reconvened. President Diament announced that Council directed the City Attorney to appeal the Superior Court Decision. President Diament then adjourned the meeting. Respectfully submitted, Diane B. Felsch City Clerk