Loading...
1986-06-24 Adjourned Regular CC Minutes141 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD TUESDAY JUNE 24, 1986 At the end of the Pre-Council Meeting, President Diament called an Executive Session to order to consider the Workers' Compensation Claim of Jeffrey Marin. The meeting convened at 7:40 p.m. (at the conclusion of the Community Improvement Commission Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Corica. Reverend John Foley gave the invocation. ROLL CALL - MINUTES Present: Councilmembers Corica, Lucas, Monsef and President Diament - 4. Absel.t: Councilmember Hanna - 1. Councilmember Corica made a motion for approval of the minutes of the meetings of May 20, 1986 and June 3, 1986. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. CONSENT CALENDAR *86-346 Ordinance No. N.S. "Amending Title XI of the Alameda Municipal Code by adding Section 11-1335(o), thereto relating to car washing establishments." Held over. President Diament announced that the ordinance was held over to the July 1, 1986, meeting, due to the fact that the newspaper had omitted publishing the advertisement. Councilmember Lucas moved for adoption of the Consent Calendar, and Councilmember Monsef seconded the motion. The motion carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *86-347 From Assistant City Manager regarding General Liability Insurance. Accepted. *86-348 From Finance Director on City's Investment Portfolio as of May 31, 1986. Accepted. 142 RESOLUTIONS *86-349 Resolution No. 10927 "Awarding open market award of contract for legal advertising for the City of Alameda to the Alameda Times-Star for the Fiscal Year 1986-87." Adopted. *86-350 Resolution No. 10928 "Accepting Grant of Easement for public park purposes from Harbor Bay Isle Associates (Parcel 3 of Parcel Map No. 4507, in front of Federal Home Loan Bank)." Adopted. *86-351 Resolution No. 10929 "Awarding contract to Gateway Landscape Construction for Marina Village Parkway, Challenger Drive, and Atlantic Avenue landscape improvements, Assessment District 84-3, P.W. No. 8-85-29." Adopted. *86-352 Resolution No. 10930 "Authorizing Filing of an Application with the Metropolitan Transportation Commission for allocation of Transportation Development Act Funds for Fiscal Year 1986-87." Adopted. *86-353 Resolution No. 10931 "Adopting Plans and Specifications and calling for bids for Street Patching with Asphalt Concrete, P.W. No. 6-86-18, and installation of House Laterals, P.W. No. 6-86-19, and directing City Clerk to advertise same." Adopted. *86-354 Resolution No. 10932 "Adopting Plans and Specifications and calling for bids for Mechanical Systems Maintenance in the Police Administration Building for Fiscal Year 1986-87, P.W. No. 6-86-17, and directing City Clerk to advertise same." Adopted. *86-355 Resolution No. 10933 "Authorizing execution of an agreement with Pacific Bell for extension of existing communication facilities for Marina Village Parkway, Assessment District 84-3, Project No. 7, P.W. No. 3-86-6." Adopted. *86-356 Resolution No. 10934 "Approving street names for Heritage of Alameda at Tract 5345, south of Oleander Avenue." Adopted. *86-357 Resolution No. 10935 "Approving street names for Lighthouse Cove, Tract 5527." Adopted. FINAL PASSAGE OF ORDINANCES *86-358 Ordinance No. 2289 N.S. "Amending various sections of Chapter 1, Title XI of the Alameda Municipal Code to provide regulation of satellite dish antennas." Adopted. *86-359 Ordinance No. 2290 N.S. "Amending the Alameda Municipal Code by adding definition and regulations for the activities of fortunetelling and hypnotism/ hypnotherapy." Adopted. 143 *86 -360 Ordinance No. 2291 N.S. "Amending the Alameda Municipal Code by amending Chapter 3 of Title VI thereof to increase Sanitary Sewer Fees." Adopted. *86 -361 Ordinance No. 2292 N.S. "Amending the Alameda Municipal Code by amending Section 7 -3319 thereof relating to operation of bicycles." Adopted. BILLS *86 -362 A List of Claims, certified by the City Manager as correct, was approved in the amount of $3,173,611.40. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 86 -363 From David R. Baker, 939 Taylor Avenue, concerning toxic waste at the Alameda Naval Air Station. Mr. Baker suggested that the City be prepared to make a statement about ground water contamination by October because the Environmental Protection Agency (EPA) has scheduled announcing another series of tests at the Naval base in October. Councilmember Lucas thanked Mr. Baker for bringing the matter to Council's attention. She stated also that at the previous Council meeting, she had requested copies of the Water Quality Control Board tests and that the County Environmental Health Department review them. The City Manager stated that the Naval Air Base test results have not been requested, although the findings, or conclusions, of the written report are available. He added that the Water Quality Environmental Control has not responded to whether or not there is an imminent danger. Councilmember Lucas commented that she had specifically stated that she would not be satisfied with conclusions, and free services are available from the County Environmental Health Division to review the results and, if necessary, make tests adjacent to the Naval Air Base. Councilmember Lucas inquired if the Environmental Protection Agency was going to do some testing on the base, to which Mr. Baker responded that the EPA has another series of tests going on that will probably be made public in October. The City Manager noted that the City has 14 underground tanks for over 20 yrs with gasoline petroleum in them and the City is following prescribed law to irradicate this problem. He noted also that items considered toxic today were not considered toxic only two years ago. 144 Councilmember Monsef inquired if Mr. Baker had received a response from the Fire Chief regarding Mr. Baker's former inquiry to the Council on the subject to which Mr. Baker replied that the Assistant Fire Chief commented that the Navy stated there are no wells in Alameda with ground water, therefore there is no toxic problem. Mr. Baker commented he delivered his documents to the Fire Chief's office for further handling with the questions to be addressed: Is there ground water on the Base that is toxic, and if so, what about the City of Alameda? President Diament commented that at a recent Mayor's Conference she had made a plea that when tests are completed, instead of releasing results immediately to newspapers, local governments should be contacted so they could assess the matter to see what could be done about it. Councilmember Lucas noted that reports had been received from the County Division of Environmental Health, that Mr. Gerald Winn is the Director and they are willing to do further testing if necessary. Councilmember Monsef said that two years ago he believed the City should have its own ordinance and he currently believes the same way, and that perhaps the staff should be asked to draft an ordinance. President Diament noted that it was expressed at the time that if the City has an ordinance, it would have great liability, that hopefully by the time it is necessary, the City may have needed insurance. She stated also that residents innocently are also causing toxic waste problems by the dumping of certain items in their garbage cans, stating further that there are a number of problems to be addressed and no simple answers. Councilmember Lucas noted that if the City were to conduct tests, chemists and others would need to be hired, but the testing now is available free from the County. President Diament added that the hazardous waste van in the Fire Department has been equipped by the Naval Air Station. Councilmember Lucas made a motion to accept the communication, Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 4. 86-364 From Wayne Pearce, 1136 Fontana Drive, regarding crosswalks in the area of Shore Line Drive, South Shore Post Office and Lucky's Store. Mr. Pearce commented that he had heard many complaints from people, particularly elderly people, about the lack of sidewalks and crosswalks in the area under discussion. 145 President Diament stated that Council worked with the developer on a pedestrian right -of -way and the developer agreed to put a sidewalk on the north side of the Post Office, and to the closure of an entrance to the Post Office. The City Manager remarked he had not received any complaints regarding the matter. Councilmember Corica stated that he had received complaints, and perhaps the City should get together with Harsh Development on the issue. The City Manager stated there is a crosswalk that crosses the street at the end of the wall which was discussed as an alternative. Councilmember Lucas commented that one of the reasons that Council is asking that a PD (Planned Development) be placed on the entire development is so that in the future Council can look at problems before they take place. President Diament noted that mid- crosswalks have been determined to be dangerous and are discouraged. Councilmember Monsef requested that the reopening of the north door of the Post Office, which should be used as an emergency exit only, be investigated. Councilmember Corica suggested that the crosswalk issue be discussed with the Harsh Development Corporation at the July 15 public hearing. Councilmember Lucas made a motion to accept the communicaton and it was seconded by Councilmember Corica. The motion was carried by unanimous voice vote - 4. 86 -365 From Armando P. Morlos, President, Hispanic Chamber of Commerce of Alameda County, Fremont, seeking support for the 1987 State Convention. Lori Salinas, Vice - president of the Hispanic Chamber of Commerce of Alameda County, addressed Council regarding the proposed convention. Councilmember Monsef inquired why there were separate goals instead of general goals and objectives and working together with other Chambers of Commerce, and also whether or not the group was an effective group, to which Ms. Salinas responded that they did work with other chambers and had an effective program. Councilmember Lucas said the organization should be supported to encourage business and the Hispanic community, and made a motion to pass such a resolution. 146 Councilmember Monsef noted that sometimes when people branch off in their own groups then all groups tend to become less effective, and stated that he could not take a position on something when he has not had opportunity to learn about it and what benefit it might be, that he is certainly not anti-minority as he is a minority. Councilmember Corica commented that the Council does not have information on what the group's accomplishments are, and that, if information is supplied, the Council would be better qualified to make a decision. The City Manager noted that perhaps the City Chamber of Commerce would have information. Councilmember Lucas stated that Councilmember Corica had raised a valuable point but noted that there were good corporations endorsing the group, to which Councilmember Corica stated that he believed he should have information to make his own decision. Councilmember Lucas stated that because there was no second, perhaps the matter should be held over until the information is received. Councilmember Corica made a motion that the matter be held over to allow time for information to be submitted. Councilmember Monsef seconded the motion and stated he would like to hear from the Alameda Chamber of Commerce regarding the matter. The motion was carried by unanimous voice vote - 4. 86-366 From Superintendent of Schools regarding an anticipated proposal for a developer fee ordinance for funding of school facilities on Bay Farm Island. The City Manager noted that the communication was to notify Council that the School Board and the District would be communicating with Council in regard to fees. Councilmember Corica made a motion to accept the communication, Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 4. 86-367 From President, Board of Education, regarding the Mastick School property. President Diament noted that the School Board is asking that the City acquire fee title to the Mastick School site, which will perhaps assist with their future allocation of funds from the State. Councilmember Corica stated that the City had expended $750,000 on site improvements to provide a Senior Center, and that the City should not renegotiate the 1980 agreement. 147 President Diament commented that she agreed with the staff recommendation to discuss the matter with the School District and representatives of the Senior Center Advisory Board. The City Manager remarked that the School District must show that the District does not have excess available property. He also stated that if discussions do take place, the subject be on what will happen after the fourteen year lease period. Councilmember Corica noted that the City is satisfied with the present lease arrangement, and has no intention of letting go of it for the next fourteen years. Councilmember appraiser. Councilmember Lucas stated that it was a good proposal to hire an Councilmember and, whether million dollar Corica responded that he disagreed. Monsef inquired about the value of the property; or not the District would give the City a 3/4 credit for funds expended on the site. The City Manager noted all those issues are yet to be discussed. Charles Tillman, 2415 Roosevelt Drive, supported the position of waiting until after the fourteen -year period has passed before taking any action on the issue. Councilmember Lucas commented that she would like to investigate the City's potentials, and noted that the City is under no obligation to purchase the land at this time. Barbara Thomas, 1118 Peru Street, stated that the City, in its urgency to examine the matter, should not feel pressured into the situation. Councilmember Monsef inquired if there were any terms in the contract which would allow termination of the agreement. The City Manager answered that he was confident there were none, and the renewal option requires mutual consent. Councilmember Monsef stated that his position was that the City Council not negotiate any settlement, nor change the lease contract. Councilmember Corica made a motion that the School District be advised that both parties were agreeable to the 1980 contract and the contents thereof, and the Council desires to sustain the present status quo for the next fourteen years. Councilmember Monsef seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Corica, Monsef and President Diament - 3. Noes: Councilmember Lucas - 1. Absent: Councilmember Hanna - 1. 148 EARINGS 86-368 Hearing regarding proposed Rezoning, R-86-4, to change the zoning of those properties located north of Shore Line Drive and west of Park Street in the environs of and including South Shore Center from C-2, Central Business District to C-2-PD, Central Business Planned Development District. Applicant: City of Alameda. President Diament announced that the Harsh Development Corporation requested that the Hearing be continued to the next Council meeting. Councilmember Lucas made a motion to continue the hearing to the July 1, 1986, Council meeting. Councilmember Monsef seconded the motion. The City Manager stated that the July 1, 1986, agenda had been prepared and perhaps the July 15 meeting would be a better date. Councilmember Lucas amended the motion to continue the hearing two weeks. Councilmember Monsef stated he believed he could not second that motion. The City Attorney noted he would not be present at the July 1, 1986, meeting, and Councilmember Monsef noted that there should be a substitute for the City Attorney at the meeting. Councilmember Corica commented that the July 15 date might give Harsh more time to come up with a solution. Councilmember Lucas made a motion to continue the hearing for three weeks to the regular Council meeting of July 15, 1986. Councilmember Corica seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Corica, Lucas and President Diament -3. Noes: Councilmember Monsef -1. Absent: Councilmember Hanna -1. REPORTS AND RECOMMENDATIONS 86-369 From Chairman of the Historical recommending initiation of a Heritage Areas Dave Plummer, Chairman of the Historical (HAC) addressed the Council, quoting Preservation Element. Advisory Program. Advisory from the Commission Commission Historical Woody Minor, Project Planner and Survey Coordinator, commented that a problem HAC faces is that there is so much of Alameda that is historical, and that designating heritage areas is a good way of approaching the Historical Preservation Element. 149 Councilmember Corica commented that there is no problem with letting people know that they are in historical areas, but no restrictions should be imposed, to which Mr. Minor responded that it is simply to be informational. Councilmember Monsef made a motion to accept the report and recommendation, Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 4. RESOLUTIONS 86-370 Resolution No. 10936 "Adopting Plans and Specifications and calling for bids for Major Storm Drain System, Harbor Bay Parkway to Tract No. 5348, Harbor Bay Business Park, Assessment District 84-4, P.W. No. 5-86-14." Adopted. The Acting Public Works Director pointed out on the map the areas under consideration. Councilmember Monsef inquired about drainage to other properties. The Acting Public Works Director explained how the water will be drained away from the problem areas. President Diament asked if it would drain into the Bay and if so, whether it would cause an infiltration problem to which the Acting Public Works Director responded that it would drain into the Bay but would not create a problem. Councilmember Lucas made a motion to adopt the resolution. The motion was seconded by Councilmember Monsef and carried by unanimous voice vote - 4. INTRODUCTION OF ORDINANCES 86-371 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-86-4, those properties located north of Shore Line Drive and west of Park Street in the environs of and including South Shore Center." The Ordinance was not heard due to the continuance of the hearing to which it related. (Paragraph No. 86-368) FINAL PASSAGE OF ORDINANCES 86-372 Ordinance No. 2293 N.S. "Amending the Alameda Municipal Code by modifying Section 17-333, Chapter 3, Article 3, Title XVII, thereof relating to all time and limited no parking. (Emergency Ordinance) Introduced and adopted. Councilmember Monsef made a motion to adopt the ordinance and Councilmember Corica seconded the motion. 150 Councilmember Lucas stated that it is very hard to park in the areas, at some point the residents may object, and perhaps a sticker system can be implemented for them. Councilmember Corica agreed and stated that something should be done immediately. The motion was carried by unanimous voice vote - 4. UNFINISHED BUSINESS 86-373 Councilmember Corica inquired if the loan to the Chamber of Commerce had occurred, to which the City Manager responded it had not. NEW BUSINESS 86-374 Consideration of nominations to the following Boards/Commissions: City Planning Board, Civil Service Board, Historical Advisory Commission, Library Board, Public Utilites Board, and Social Service Human Relations Board. President Diament nominated Martha Beazley to the Planning Board. Councilmember Corica seconded the nomination and President Diament so ordered. President Diament nominated Robert Wood to the Planning Board, Councilmember Lucas seconded the nomination and President Diament so ordered. President Diament nominated Wilfred H. Hodgkin to the Planning Board, Councilmember Monsef seconded the motion and it was so ordered by President Diament. President Diament nominated Louis C. Steele to the Civil Service Board, Councilmember Lucas seconded the motion and it was so ordered by President Diament. President Diament nominated Burr E. Crandall to the Civil Service Board, Councilmember Corica seconded the motion, and it was so ordered by President Diament. President Diament nominated Woodruff Minor to the Historical Advisory Commission, Councilmember Lucas seconded the motion and it was so ordered by President Diament. President Diament nominated Rose A. White to the Library Board, Councilmember Lucas seconded the nomination and it was so ordered by President Diament. President Diament nominated Edwin Dankworth to the Public Utilities Board, Councilmember Monsef seconded the motion, and it was so ordered by President Diament. 151 President Diament nominated Jack Barlas to the Social Service Human Relations Board, Councilmember Lucas seconded the motion, and it was so ordered by President Diament. 86-375 The City Attorney stated that the City had bought sweepers some time ago that did not work and he requested permission to sue. Councilmember Monsef made a motion to permit the City Attorney to go ahead, it was seconded by Councilmember Lucas and carried by unanimous voice vote - 4. Councilmember Lucas inquired what the sweepers cost to which the City Attorney responded $144,000.00 original price plus damages, and added that he would file for $200,000.00. Councilmember Lucas inquired about what was in use currently, to which the Acting Public Works Director stated they were using two old sweepers. ADJOURNMENT President Diament adjourned the meeting with a moment of silence in memory of Abe Kofman at 9:05 p.m. Respectfully submitted, Dine Felsch City Clerk