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1986-05-06 Regular CC Minutes104 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MAY 6, 1986 The meeting convened at 7:30 p.m. (at the conclusion of the Community Improvement Commission Annual Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Corica. Reverend Roger Bauer gave the Invocation. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Councilmember Monsef made a motion for approval of the minutes of April 15, 1986. Councilmember Lucas seconded the motion and the motion was carried by unanimous voice vote - 5. Councilmember Corica commented that he was approving the minutes on the items subsequent to his late arrival at the April 15, 1986, meeting. CONSENT CALENDAR Councilmember Lucas moved for adoption of the Consent Calendar, and Councilmember Hanna seconded the motion. The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *86-229 From Chairman of the Historical Advisory Commission concerning continuing preservation considerations regarding the Masonic Temple. Accepted. *86-230 From Cable Television Oversight Committee requesting authorization to hire a financial consultant and authorization to initiate discussion concerning the conduit rental fee. Accepted. *86-231 From Recreation and Parks Director regarding reduced Green Fees for participants in Annual East Bay Juniors Golf Tournaments. Accepted. *86-232 From Public Works Director recommending acceptance of the improvements and release of bond for Tract 4591 and Tract 5216 (Brittany Landing). Accepted. 105 RESOLUTIONS *86-233 Resolution No. 10881 "Appointing Engineers and Attorneys for Island City Landscaping and Lighting District 84-2." Adopted. *86-234 Resolution No. 10882 "Authorizing execution of an agree- ment with Italo A. Calpestri, III, Architect, for improvements at Lincoln and Franklin Parks." Adopted. *86-235 Resolution No. 10883 "Authorizing execution of an agreement with Theodore Osmundson & Associates, Landscape Architects, for improvements at upper and lower Washington Park." Adopted. *86-236 Resolution No. 10884 "Authorizing execution of an agree- ment with Kent Watson & Associates, Landscape Architects, for improvements at Krusi Park." Adopted. *86-237 Resolution No. 10885 "Rejecting all bids for fabrication and installation of Street Directories at various locations on Park Street, P.W. No. 2-86-3." Adopted. *86-238 Resolution No. 10886 "Rejecting all bids for the con- struction of crosswalks at Park Street, from Central Avenue to Santa Clara Avenue. P.W. No. 3-86-4." Adopted. *86-239 Resolution No. 10887 "Adopting Plans and Specifications and calling for bids for Marina Village Parkway , Challenger Drive, and Atlantic Avenue Landscape improvements, Assessment District 84-3, P.W. No. 8-85-29." Adopted. *86-240 Resolution No. 10888 "Awarding contract to Branaugh Excavating, Inc. for repair and resurfacing of certain streets, Phase 6, P.W. No. 2-82-2." Adopted. *86-241 Resolution No. 10889 "Awarding contract to Duran & Venables, Inc., for construction of Spruce Street east of Third Street, P.W. No. 7-85-20." Adopted. *86-242 Resolution No. 10890 "Adopting Specifications for law enforcement vehicles, calling for bids and directing City Clerk to advertise same." Adopted. *86-243 Resolution No. 10891 "Adopting Specifications for two trucksters for Recreation and Parks Department, calling for bids and directing City Clerk to advertise same." Adopted. *86-244 Resolution No. 10892 "Awarding contract for Police Department motorcycles to Bob Dron/Harley-Davidson Motorcycles." Adopted. 106 INTRODUCTION OF ORDINANCES *86-245 Ordinance No. N.S. "Providing a four-way stop installation at the intersection of Mariner Square Drive and Mariner Square Loop/Marina Village Parkway." Introduced. FINAL PASSAGE OF ORDINANCES *86-246 Ordinance No. 2279, N.S. "An Ordinance 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." Adopted. *86-247 Ordinance No. 2280, N.S. "An Ordinance authorizing the purchase of property from Alameda Belt Line for the purpose of constructing a public right-of-way for the extension of Atlantic Avenue." Adopted. BILLS *86-248 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,019,283.28. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 86-249 From Chairman of the Alameda County Admission Day Celebration Committee, Oakland, requesting $500.00 to support Admission Day activities. Councilmember Hanna made a motion to accept the communication and to convey a message to the Committee that Council commends the Committee's efforts but cannot make a monetary contribution. The motion was seconded by Councilmember Lucas and was carried by unanimous voice vote - 5. 86-250 From Diane Coler-Dark, Park Street Revitalization Committee, expressing support of an ordinance relating to development of abandoned commercial buildings. Councilmember Hanna made a motion to accept the communication and consider it at a later point on the agenda with the Ordinance to which it refers. The motion was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. 86-251 From Walter G. Grady, Certified Public Accountant, 2447 Santa Clara Avenue, stating opposition to the current proposed amendment to the Business License Tax Ordinance. 107 Councilmember Lucas commented that the City Manager is still working on the Ordinance to which this communication refers. Councilmember Lucas made a motion to accept the communication and discuss the matter when the Ordinance is submitted to Council. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. President Diament requested that the City Clerk inform the writers of communications when the matter is placed on the Council meeting agendas. The City Manager noted that his office had received many letters and his office would be notifying those persons. 86-252 From Richard E. Jarratt, Sr., President, Alameda Swim Team Board of Directors, regarding a donation for the City's swim centers. President Diament noted that the contribution, in the sum of 83,000.00 was an admirable one and that appreciation should be expressed to the Alameda Swim Team, along with the information that the City has greatly exceeded the amount of requested matching funds. Councilmember Hanna made a motion that the communication be accepted and that the writers be notified of the acceptance of the donation and that the funds have already been matched. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 86-253 From William Wittmer, 731 Haight Avenue, concerning a noise problem in an area of Webster Street between Taylor and Lincoln Avenues. Councilmember Lucas commented that there have been numerous complaints, especially regarding the Tuesday "Ladies' Night" and that she and the City Manager have met with the owners of Johnnie's Bar to attempt to work out solutions to the problems (i.e., improved lighting and possible removal of the telephone booth which is being misused). William Wittmer, 731 Haight Avenue, addressed the Council regarding problems in the area including being awakened in the night by fights, screams, and loud music. He submitted to the City Clerk , two pages of signatures of local residents verifying the noise problems. He mentioned that he had been informed that the Tuesday special activities were going to be extended to Thursday and Saturday nights, and stated also that the Alcoholic Beverage Control in Oakland had been notified. Councilmember Lucas commented that the Alcoholic Beverage Control can exercise special authority when a place serving alcoholic beverages becomes a problem to local police. Councilmember Hanna stated that the matter should be given serious consideration. 108 Councilmember Lucas noted that Police Captain Schmitz also attended the meeting and has stated that a good doorman and good security guards can make a great deal of difference in the situation. Helen Ullner, 721 Santa Clara Avenue, expressed concern regarding the parking lot which is a cause of some of the noise problems. Councilmember Lucas made a motion to accept the communication. Councilmember Monsef seconded the motion and it was carried by a unanimous voice vote - 5. HEARINGS 86-254 Hearing regarding proposed Rezoning R-86-1 to change the zoning of properties in the block bounded by Oak Street, Blanding Avenue, Park Street, and the Oakland Estuary (2300 Blanding Avenue) from M-2, General Industrial District to C-M-PD, Commercial Manufacturing Planned Development District; and adjacent off-shore 100' x 730.4' submerged property from R-1, One Family Residence District to C-M-PD, Commercial Manufacturing Planned Development District. Applicant: City of Alameda. The Planning Director explained the zoning under consideration. Councilmember Lucas questioned whether or not some of the area under discussion is currently zoned R-1, to which the Planning Director responded that part of it is. 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 Lucas commented that she supports the proposed rezoning. Councilmember Hanna made a motion to take the related Ordinance out of order. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86-255 Ordinance No. N.S. Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, N.S.; Applicant: City of Alameda, R-86-1, the off-shore portion of 2300 Blanding Avenue and the entire city block bounded by Oak Street, Park Street, and Blanding Avenue. Introduced. Councilmember Corica made a motion to introduce the Ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 109 REPORTS AND RECOMMENDATIONS 86-256 From the Recreation and Parks Director regarding Golf Projects (current, future and long range). Councilmember Corica commented on the report, stating that he believed the Golf Course was successful because the Golf Course crews had done work in the past at a lower cost than outside contractors would have charged, and now that finances are available, the work should not be taken away from those who have made the Golf Course a success. Councilmember Hanna remarked that his first reaction was the same as Councilmember Corica's until he discovered there would be general guidelines and other services which he concluded are design jobs. He stated that he believed that anything over $5,000.00 should be brought before Council as the Public Works Department is required to do. He noted that the on-site nursery was to be staffed by volunteers, but that it could at some future point become very expensive as the old City Nursery did. Councilmember Hanna made a motion to approve the report. Councilmember Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and Monsef, and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None 86-257 From Public Works Director recommending concurrence with the Corps of Engineers's proposal to accept relinquishment of the Tidal Canal. The Public Works Director pointed out on a wall map the areas that were under discussion. Councilmember Hanna commented that the area should be under one ownership rather than its current status with interests in it by the City of Alameda and interests by the Federal Government. Councilmember Hanna made a motion to notify the Corps of Engineers of the concurrence of Council to the Corps' intent to relinquish this land to the City of Alameda at no cost. Councilmember Lucas seconded the motion. President Diament inquired if the motion should include a direction to staff to initiate a no cost five year interim lease, to which Councilmember Hanna responded in the affirmative. The motion was carried by unanimous voice vote - 5. 86-258 From Public Works Director on the status of State-mandated Fire Safety and Exit Program, Title 24, Article 7, of the California Administrative Code. 110 Councilmember Hanna noted that efforts to encourage adherence to the Fire Safety and Exit Code, as mandated by the State, did not always meet with success because some individuals are extremely uncooperative and it is, unfortunately, necessary to proceed with enforcement. Councilmember Hanna made a motion to accept the report. The motion was seconded by Councilmember Lucas and was carried by unanimous voice vote - 5. RESOLUTIONS 86-259 Resolution No. "Expressing support of Assembly Bill 2820. (LAFCO contribution requirements.)" Councilmember Corica stated he would be against a contribution. President Diament noted that it was not necessary to take action at this current meeting. Councilmember Hanna made a motion to hold the matter in abeyance. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. 86-260 Resolution No. 10894 "Appropriating $71,379.00 from the Golf Enterprise Fund to pay a final debt owed on the Mif Albright Golf Course. Councilmember Corica made a motion to adopt the resolution and it was seconded by Councilmember Monsef. The motion was carried by unanimous voice vote - 5. 86-261 Resolution No. 10895 "Adopting Statement of Community Development Objectives and Projected Use of Funds, authorizing execution of required Certifications and Grant Agreement, reprogramming of certain prior years' CDBG Funds and approving allocation of UDAG loan repayments." Sue Foulkes, 2005 #A, Alameda Avenue, Social Services Human Relations Board, stated that the SSHRB has been working diligently and notes there are three areas of great importance, namely, housing, childcare and curb cuts. Lois E. Pryor, 1814 Clinton, representing H.O.P.E., expressed agreement regarding the importance of the above-mentioned areas of concern but added that H.O.P.E. is in dire need of finances; that the budget amount includes only $9,000. for shared housing for seniors, and there is not enough money to provide for even one full time staff person. Councilmember Corica suggested the possibility of providing the $9,000.00 amount to the Mastick Senior Center Board for their handling of shared housing program if they would agree to do it. Councilmember Lucas commented that the Center seemed to be a logical place to have the program. 111 Councilmember Hanna noted that the program is complicated to administer and involves a large amount of statistical data. John Doherty, 1329 Weber Street, Member of H.O.P.E. Board of Directors, commented that it was important to think not only of the finances involved in programs but the people affected, and that perhaps there were ways of getting some money from other programs. Carol Abernathy, Chamber of Commerce, addressed the Council regarding a need for a marketing portfolio for the City, stating that she believes the City needs one to attract small businesses, and to benefit the City when applying for State funding. Fred J. Scullin, 1120 Chestnut, commented that the United Pilipinos in Alameda were doing a good job regarding housing and handling finances in the most beneficial way, and recommended consideration of approval of the project. Following discussion regarding various details within the Report, Councilmember Hanna made a motion to approve the staff recommendation and that the Arbor Street Paving Project be added to the CDBG projects ($25,000.00 from CDBG Contingency funds). Councilmember Lucas seconded the motion. President Diament commented that she would like the H.O.P.E. funds to be approved in order to allow them to remain in business. Councilmember Corica commented that he would like the idea, of awarding Mastick Senior Center $9,000.00 for administering a senior citizens' shared-housing program, explored. Councilmember Hanna amended his motion by adding that the Mastick Senior Center Board be considered to administer a senior citizens' shared-housing program for a one-year period. The motion was seconded by Councilmember Lucas and carried by unanimous voice vote - 5. 86-262 Resolution No. 10896 "Authorizing execution of a professional services agreement with Kent Watson & Associates, Landscape Architects, for repaving of the Golf Course public parking lot." Councilmember Corica stated that he did not agree with the hiring of the consultant and therefore plans to vote "no." Councilmember Hanna made a motion to adopt the Resolution. It was seconded by Councilmember Monsef and was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef, and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None 86-263 Resolution No. 10897 "Authorizing execution of a professional services agreement with Russell Mitchell & Associates, Inc., for an automatic irrigation system on the Jack Clark Golf Course. 112 Councilmember Monsef made a motion to adopt the resolution. It was seconded by Councilmember Hanna and was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and Monsef, and President Diament - 4. Noes: Councilmember Corica -1. Absent: None. 86 -264 Resolution No. 10898 "Expressing appreciation of volunteer service given to the City of Alameda." Councilmember Corica made a motion to adopt the resolution. It was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. 86 -265 Resolution No. 10899 "Authorizing the emergency repair of Sanitary Sewer Main westerly of 1901 Sandcreek Way at Lum School, pursuant to Section 3 -15 of the City Charter. Councilmember Monsef made a motion to adopt the resolution. The motion was seconded by Councilmember Corica and carried by unanimous voice vote - 5. 86 -266 Resolution No. 10900 "Authorizing execution of an agreement with Nishita & Carter, Landscape Architects, for restoration of areas at Shoreline Park." Fred Scullin, 1120 Chestnut, commented that he wished to call attention to this matter regarding Shoreline Park as he believes it points to the problem of eroding sands on Alameda's beaches and the additional expense when taking on more shoreline. He stated he would like Council, when it considers the 15 acres due from Harbor Bay Isle, to consider taking land other than shoreline. Councilmember Lucas made a motion to adopt the resolution. The motion was seconded by Councilmember Monsef and was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86 -267 Ordinance No. N.S. "Amending the Alameda Municipal Code by adding Chapter 7 of Title XI thereof relating to development of abandoned commercial buidings." Dorothy Madsen, 2226 1/2 Buena Vista Avenue, expressed her concerns regarding right of eminent domain and does not believe that property should be taken away. Barbara Thomas, 1118 Paru Street, voiced her concerns regarding the possibility that residential property might someday be taken. Councilmember Hanna stated that he understands property rights but understands government needs to protect rights of neighbors and therefore there are laws regardings such problems. Councilmember Hanna made a motion to introduce the Ordinance. 113 Councilmember Corica stated he agreed with the two speakers that it is a violation of freedom as long as the buildings are neither health nor safety hazards, and the taxes are paid. Councilmember Hanna noted that there are many limitations on property when they are in business areas. Councilmember Lucas commented that the City is funding businesses and that thoughtless property owners hinder efforts being made. Councilmember Lucas stated that she would second the motion if Section 11-711 of the Ordinance were amended to ten years of non-use. Councilmember Hanna agreed to amend the motion accordingly, and it was seconded by Councilmember Lucas. Councilmember Monsef commented that the issue was not one of rights; that we should respect the rights of others; that we all have an obligation to our City, our neighbors, our state and our country. The neighborhood needs to be improved and the City is giving owners the opportunity to improve before taking any other action. The City Attorney explained that the ordinance defines abandoned buildings. The City will not buy buildings. Eminent Domain will be used to give owners an opportunity to receive fair market value for their homes. This procedure is used in many cities, in many redevelopment areas. President Diament commented that much consideration has been given to the rights of property owners, but property owners in business districts have a distinct responsibility to others within the district. The motion by Councilmember Hanna, seconded by Councilmember Lucas to introduce the Ordinance (amended from three years to ten years of non-use) was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, and Monsef, and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 86-268 Ordinance No. N.S. "Defining parking enforcement holidays." Introduced. Councilmember Hanna made a motion to introduce the Ordinance. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 86-269 Ordinance No. 2281, N.S. "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." David Shrimpton, 1138 Island Drive, Islandia Homeowners Association, requested Council to delete all references to remodeling work. Councilmember Lucas inquired what problems remodelers cause. 114 The City Manager responded that basically the purpose of the tax is to repair City streets due to lack of gas tax fees, that repair trucks and vehicles with heavy loads break down the streets. John Mitcheom, 759 Central Avenue, commented that placing such taxes on remodeling is a discouragement to young people to buy in the community. He also requested that Council afford people an opportunity to vote on the taxation issues. Walter Moeller, 406 Channing Way, President of Alameda Homeowners Association stated he was not opposed to raising funds from developers and construction of property in Alameda but that such funds should be used to address problems of development, i.e., new schools, and increased police and fire department services. He commented that, if the proposed taxation does not violate the letter of the law, it violates the spirit of the law, and requested that Council table the matter for further study because if Council does consider it to be appropriate, then one percent taxation will not be enough to cover the problems addressed. David R. Baker, 939 Taylor, expressed his concerns that the tax would be used for the shortage for Patton Way and that he believed that highway plans for Alameda would change Alameda in a downward course in the same manner that city and Cal Trans planning changed the City of Hayward. Councilmember Lucas made a motion that the Ordinance be introduced with an amendment to Section 3-1512(b) that the taxation limit be increased from $500.00 to $5,000.00. Councilmember Hanna seconded the motion. Councilmember Corica commented that he would like the improvements portion of the Ordinance removed completely because improvement of a house is improvement of the neighborhood, and because such improvements do not result in damage to the streets. The City Attorney noted a technical amendment that should be made to Section 3-1514, that a period should be placed at the end of "a general tax fund" and the rest of the sentence deleted. Councilmember Lucas amended the motion to include the City Attorney's technical deletion in addition to the increased limit from $500.00 to $5,000.00. The motion, which had been seconded by Councilmember Hanna was then carried by the following voice vote: Ayes: Councilmembers Hanna and Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. Councilmember Hanna made a motion that Council adopt a policy that the funds raised by the one percent of construction costs be used for streets: acquisition, construction, reconstruction, and maintenance only. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. 115 UNFINISHED BUSINESS 86-270 The City Attorney stated that a Claimant against the City wishes to submit a late claim, for damages in the amount of $250.00, to replace the one he believes the City has lost. Councilmember Hanna made a motion to accept the late claim if the City Clerk's office, upon investigation, finds evidence of a claim having been previously filed. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 86-271 The City Attorney stated that the City of Torrance has filed an Amicus brief with the Supreme Court regarding the matter of Cable franchising, and they are requesting some financial support from interested cities. Following a brief discussion during which is was noted that the City of Alameda has a distinct interest in the outcome of the matter, Councilmember Lucas made a motion to contribute $500.00. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. ADJOURNMENT President Diament adjourned the meeting at 10:45 p.m. to Executive Session to consider the cases of O'Riley v. City of Alameda and City of Alameda v. Mitcheom. Respectfully submitted, Diane B. Felsch, City Clerk