Loading...
1986-08-05 Regular CC Minutes178 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA TUESDAY - - - - - - - - - - - - - - AUGUST 5, 1986 At the conclusion of a pre- Council meeting, President Diament announced an Executive Session to discuss the Workers, Compensation claim of Robert G. Hale. The meeting convened at 7:45 p.m. (at the conclusion of the Housing Authority Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Charles Dubbs gave the invocation. ROLL CALL Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament. Absent: None. MINUTES Councilmember Hanna made a motion for approval of the minutes of the meeting of July 15, 1986. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY Rich Kenny, Collector and Promoter of City Flags, made a presentation of fringed desk flags of the City of Alameda to Council and Public Officials. He noted there would be a full -sized Alameda flag on display in his flag collection in Trenton, New Jersey, in October, and in the San Francisco City Hall Rotunda on August 12 -16, 1987. President Diament commented that the Flag was flown by U.S. Coast Guard Cutter Morgenthau at the World Exposition in Vancouver, British Columbia, and thanked him, as well as Councilmembers Lucas and Monsef, for their part in achieving the City Flag. CONSENT CALENDAR President Diament noted that Item 1 -E of the Consent Calendar, for adoption of Plans and Specifications for construction of crosswalks at Park Street, from Central Avenue to Santa Clara Avenue, P.W. No. 7- 86 -23, has been held over. Councilmember Hanna moved for adoption of the Consent Calendar, with the exception of the above mentioned item 1 -E, and Councilmember Monsef seconded the motion. The motion was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. 179 REPORTS AND RECOMMENDATIONS *86-445 From Public Works Director recommending acceptance of the improvements and release of bond for Tract 5217 through Tract 5223 (Brittany Landing). Accepted. *86-446 From Public Works Director recommending acceptance of improvements and release of bond for Tract 4276, Pointe Ballena. Accepted. *86-447 From Public Works Director and Fire Chief on status of State-mandated Fire Safety and Exit Program, Title 24, Article 7, of California Administrative Code. Accepted. RESOLUTIONS *86-448 Resolution No. 10976 "Awarding contract to Pfister Excavating, Inc. for construction of Major Storm Drain System, Harbor Bay Parkway to Tract No. 5348, Harbor Bay Business Park, Assessment District 84-4, and authorizing execution thereof." Adopted. *86-449 Resolution No. 10977 "Adopting Plans and Specifications for fabrication and installation of Street Directories at various locations on Park Street and Webster Street, P.W. No. 7-86-22, calling for bids and directing City Clerk to advertise same." Adopted. *86-450 Resolution No. 10978 "Authorization execution of agreement with West Alameda Business Association for updating the Street Directories within the Webster Street Commercial District." Adopted. *86-451 Resolution No. 10979 "Adopting Plans and Specifications for repair and resurfacing of certain streets, Phase 7, P.W. No. 7-86-24, calling for bids and directing City Clerk to advertise same." Adopted. *86-452 Resolution No. 10980 "Awarding contract to Western Allied Service Company for Mechanical Systems Maintenance in the Police Administration Building for the Fiscal Year 1986-87, and authorizing execution thereof." Adopted. *86-453 Resolution No. 10981 "Awarding contract for Minor Street Patching with Asphalt Concrete for Fiscal Year ending June 30, 1987, P.W. No. 6-86-18, and authorizing execution thereof." Adopted. *86-454 Resolution No. 10982 "Rejecting single bid for installation of House Laterals and other work connected therewith for fiscal year ending June 30, 1987." Adopted. 180 *86 -455 Resolution No. 10983 "Establishing an agreement and bond for the placement of monuments (Brittany Landing)." Adopted. *86 -456 Resolution No. 10984 "Adopting Specifications for three -year towing contract of private vehicles, MSP No. 7 -86 -1, calling for bids and directing City Clerk to advertise same." Adopted. *86 -457 Resolution No. 10985 "Authorizing open market purchase of Fire Engine (Fire Pumper) for the Fire Department. Adopted. *86 -458 Resolution No. 10986 "Rejecting single bid for Krusi Park Walkway Rehabilitation and directing Architect review the project for resubmittal of Plans and Specifications." Adopted. 86 -459 Resolution No. 10987 "Awarding contract to Anchor Fence, Inc. for removal and replacement of chain link fabric at Krusi Park and authorizing execution thereof." Adopted. INTRODUCTION OF ORDINANCES 86 -460 "Authorizing purchase by Grant Deed of Real Property known as "Property No. 372, Alameda" from East Bay Municipal Utility District in conjunction with the proposed construction of Patton Way, Phase II." Introduced. FINAL PASSAGE OF ORDINANCES *86 -461 Ordinance No. 2296, 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." Adopted. *86 -462 Ordinance No. 2297, N.S. "Amending the Alameda Municipal Code by deleting the one -hour parking zone on the west side of High Street between Central Avenue and Santa Clara Avenue." Adopted. *86 -463 Ordinance No. 2298, N.S. "Amending the Alameda Municipal Code by providing for a traffic signal at the intersection of Bridgeway Road and Island Drive." Adopted. BILLS *86 -464 A List of Claims, certified by the City Manager as correct, was approved in the amount of $724,079.67. 181 RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 86 -465 From President, Alameda Senior Council, 555 Atlantic Avenue, regarding housing for senior citizens. President Diament noted this letter is an endorsement of the Council's intention to proceed with investigation of senior housing sites. Councilmember Lucas made a motion that the communication be accepted and that the letter be brought to the attention of Council again when Council considers the other information that is being collected now on the prospective senior housing centers. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86 -466 From John J. Parten, Auto Data Search, 1516 Oak Street, Suite 316, concerning Shore Line Drive restricted parking. President Diament noted this matter was being addressed by the Traffic Advisory Committee. The Public Works Director added it would be heard by the Committee on August 15th. A discussion followed on the possibility of placing parking meters in the vicinity and limiting stickers issued. Councilmember Hanna made a motion to accept the communication. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86 -467 From Dorothy Ibarolle, 425 Camden Road, regarding the Mastick property. President Diament noted that the letter suggests that the main library could be placed at the Mastick Senior Center site and added that the staff preliminary review indicates that the Senior Center site is not of sufficient size to provide for the Senior Center, the Library and sufficient parking. Councilmember Hanna made a motion to accept the communication. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. 86 -468 From Wayne Pearce, 1136 Fontana Drive, concerning the Alameda Naval Air Station Runway 25 Estuary issue. Mr. Pearce read excerpts of his communication regarding his concerns about the Alameda County Airport Land Use Commission hearing and Runway 25. Councilmember Monsef made a motion to accept the communication. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 182 86 -469 From Edith Nutter, 1100 Peach Street, regarding a Notice to Comply from the Alameda County Environmental Health Division. President Diament commented that the Public Works Director's report notes that the City has accepted the responsibility for the situation and has already taken care of the matter. Councilmember Corica commended the Public Works Director and the City Manager's office for the quick response. Councilmember Monsef made a motion to accept the communication. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 86 -470 Hearing regarding proposed Rezoning, R -86 -7, to change the zoning of those properties located east of Patton Way and north of Thau Way /proposed Atlantic Avenue extension in the environs of and including the Island Auto Movie from M -1 -PD, Intermediate Industrial Planned Development District to C -M -PD, Commercial Manufacturing, Planned Development District. Applicant: City of Alameda. President Diament announced the procedure of the hearing. The Planning Director reviewed the matter under consideration. President Diament opened the public portion of the hearing. On the call for proponents, there were none. Fred Scullin, 1120 Chestnut, inquired of Council who the owner is and whether or not the owner is for or against the rezoning. President Diament responded that the questions would be answered under Council discussion. On the call for opponents, there were none. The public portion of the hearing was closed. President Diament inquired into the necessity of the rezoning, to which the Planning Director replied it was necessary to insure that any future plan for the site will have to come before the Planning Board at a public hearing for approval, but still gives the owner the full range of potential of uses for the site under the C -M zoning. He stated that the owners were represented, engaged in discussion and raised no objections, at the Planning Board meeting. He added that the owners were a consortium, that Syufy Theatres and the Kessler Bros. are in the consortium. Councilmember Hanna commented on dwelling unit taxes under the PD noting that there were dwelling unit taxes received from all over Harbor Bay. 183 Councilmember Lucas asked clarification that the use of the property was not being completely changed; that certain uses were being eliminated that might not fit into the area such as rubber and plastic manufacturing, cannery, ceramic products manufacturing and truck repairing; that all the other uses that are being permitted under industrial zoning are permitted under the C-M zoning, to which the Planning Director replied in the affirmative. He added that the site is so valuable that possibly a logical use would be a major retail center; that it is adjoined by research and development buildings. Councilmember Monsef stated he concurs with the findings of the Planning Board and moved that the Council accept the recommendation and take the related ordinance out of order. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86-471 Ordinance No. 2296 "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, N.S., Applicant: City of Alameda, R-86-7, those properties located east of Patton Way and north of Thau Way/future Atlantic Avenue extension in the environs of and including the Island Auto Movie." Introduced. Councilmember Monsef made a motion for introduction of ordinance. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 86-472 Hearing regarding intention to enact an ordinance prohibiting the use by any and all vehicles on Buena Vista Avenue from Grand Street to Park Street whose maximum gross weight exceeds three tons, between the hours of 10:00 p.m. and 6:00 a.m. President Diament opened the hearing. The Public Works Director explained the background of the matter under consideration and noted that interested persons were notified by letter. Councilmember Lucas commented this might involve rerouting traffic from a residential street to a street which also has some residential use and asked the number of residences on Buena Vista and on Clement. The Public Works Director replied there were 248 dwelling units on Buena Vista and 17 on Clement; and, with regard to residences within 150 feet of each of the streets, there were 57 in the Clement area and 345 in the Buena Vista area. 184 President Diament asked if it is possible for the trucks to make the turn from Park Street to Clement Street, to which the Public Works Director replied that it would be except for the time the train is on Clement, as there are trains there in the evenings; that if a very large truck had to turn, it would have to wait for the train to move. Councilmember Corica inquired how long trucks would have to wait for trains before they could move, to which the Public Works Director replied that he did not have that information but that it would possibly be two or three minutes. To President Diament's question regarding how many trains ran during the night, the Public Works Director responded that he believed that one train is run during the evening. Councilmember Monsef commented that perhaps the trucks could reschedule around the train schedule. Councilmember Corica asked if trucks would be able to negotiate on Clement between the train and the parked cars, to which the Public Works Director stated there would be about a foot clearance on each side, and that overnight parking is banned. Councilmember Lucas commented that there was some discussion before the Traffic Advisory Committee that when the Atlantic extension is built, there would be less traffic in the part of town under discussion and asked the Public Works Director to clarify. The Public Works Director replied that the General Plan does show a potential for an extension to hook up Atlantic to Clement but would be future, when other areas are completed. Following a discussion among Councilmembers and the Public Works Director regarding details of truck turns and routes, President Diament opened the public portion of the hearing. On the call for proponents, the following addressed Council: Peter Ekstein, 2111 Buena Vista Avenue Jack Henry Albers, 2015 Buena Vista Avenue Andre V. Reynier, 2251 Buena Vista Avenue President Diament noted that many cards in favor of the ordinance had been received from residents and asked that they be made a part of the records. The City Clerk noted there were approximately 125 cards. Councilmember Monsef inquired how many trucks travel the street during the night, to which Mr. Reynier replied that it varies. 185 Dorothy J. Madsen, 2226 1/2 Buena Vista Avenue Fred Scullin, 1120 Chestnut Street James Gilchrist, 2109 Buena Vista Avenue On the call for opponents, the following addressed Council: Michael Thomas Oakes, 1321 Webster Street, representing Del Monte Corporation Peter Wang, 511 Tideway Drive, Floyd Robertson Smith, 1801 Hibbard Street Tom Fleming, TAF Trucking, 4365 James Avenue, Castro Valley Charles J. Fox, Reliance Sheet & Strip Co., 2235 Clement Street Ron Hagen, Pennzoil, 1538 Schiller Street Larry Robert Oberly, Pennzoil, 777 Taylor Street President Diament closed the public portion of the hearing. Councilmember Lucas stated that residents need their rest at night; that some additional requirements must be made on truckdrivers who must drive more slowly, take the turns more slowly and may have to wait for the train; that there are only a few night truckdrivers and at least 1000 residents on Buena Vista; that she would like the City to have funds available for the improvement of Clement but it does not; and that the current proposal is the minimum step that must be taken for the health of the citizens. President Diament commented that it was a difficult problem with the health of many citizens on the one side, and the health of the industries with their long history, on the other side; that she would not like to make a decision that would perhaps cause corporations to cease to exist. She inquired of the City Attorney if there was a State law regarding truck routes, and he responded that there "had to be some route" but that it did not have to be the most convenient route. Councilmember Hanna suggested that there be a trial period to observe truck movements and problems for a better basis on which to make a decision, and that industry produce trucks to go through movements under observance; and that there should be a police report on the matter under discussion. President Diament asked that the possibility of no parking on Clement be investigated. Councilmember Corica commented there should be towing of large trucks parked on Clement, and enforcement regarding speeding. Councilmember Monsef stated he supports the ordinance; that Buena Vista is congested and if the citizens are willing to accept daytime traffic, then the trucks should go along with the 10:00 p.m. to 6:00 a.m. ban. Councilmember Corica voiced dissappointment that the Traffic Advisory Committee had not provided a recommendation regarding the nighttime ban, and agreed with Councilmember Hanna's idea for 186 a trial in order to see if there would be a hazardous condition. President Diament suggested a six month trial and investigation of additional areas of concern e.g., grading and parking. The Public Works Director commented that the railbed should be rebuilt within two or three years; that rebuilding would commence within two weeks. Councilmember Lucas inquired of Councilmember Hanna how he proposed to do testing, and whether or not the traffic should be diverted to Clement and, subsequently, a report obtained. Councilmember Hanna stated Council should get industry to cooperate, ride with the drivers or stand on a corner and observe, and experiment other ways, e.g., with Blanding. President Diament noted that Patton Way's completion in six months might also alter the picture of the truck route problems. Councilmember Corica stated that a trial period appears to be the fairest way to proceed. President Diament noted that it appears the best approach in order to give the Buena Vista residents relief and the Council an opportunity to see if the change works. Councilmember Hanna made a motion to take the related ordinance out of order. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES *86 -473 Ordinance No. 2297 "Amending the Alameda Municipal Code by amending Section 17 -551 thereof to prohibit the use of Buena Vista Avenue, from Grand Street to Park Street, by certain vehicles between the hours of 10:00 p.m. and 6:00 a.m." Introduced. Councilmember Monsef made a motion to introduce the ordinance. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 86 -474 From Public Works Director recommending acceptance of work by Pacific Mechanical Corporation for Golf Course Storm Pump Station and Storm Drainage Improvement, P.W. No. 3 -85 -7. Councilmember Corica made a motion to accept the report and recommendation. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86 -475 From Public Works Director recommending acceptance of Bridgeway Sanitary Sewer between Oyster Pond Road and Packet Landing Road, and reduction of bond from $500,000. to $373,000. 187 Councilmember Monsef made a motion to accept the report and recommendation and Councilmember Corica seconded the motion. It was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES *86 -476 Ordinance No. 2298, N.S. "Authorizing sale of City -owned property at Otis Drive and Willow Street to Harvey C. Dong and Beatrice T. Dong." Introduced. Councilmember Corica stated he agreed with the sale and added that it had been previously agreed that paving of area east of Island Drive and portion of the parking lot of Bay Fairway is to be funded from the receipts of sale. Councilmember Corica Councilmember Monsef unanimous voice vote - 5. made a motion to introduce the seconded the motion and it was Councilmember Public Works $390,000. Hanna asked the appraised value, to Director noted that the appraised UNFINISHED BUSINESS 86 -477 Councilmember Hanna raised a question no -left -turn signs that are to be put up on Central and Santa Clara and requested a report work is progressing. NEW BUSINESS ordinance. carried by which the value was about the neon, Park Street at on whether or not 86 -478 Councilmember Hanna commented that the letter Council had received from William Kirkland requested Council to clarify the two term limit on public office. Councilmember asked whether Councilmember matter. Lucas commented that citizens had inquired, and or not it should be placed on the ballot. Corica stated the City Attorney should clarify the The City Attorney responded he was not sure what needs to be clarified, and that he assumes the question is whether or not the two -term limit is absolute, because grammatical construction indicates it applies to consecutive terms. Councilmember Corica requested the City Clerk distribute to Council a copy of the legal opinion of Den -bulk, Douglass & Anderson dated November 23, 1982. He added that if it were true [that there was an absolute two -term limit), how could he be sitting as a Councilmember or others have been reelected. 188 Councilmember Lucas stated that was not the concern; that the concern was two terms in a particular office as put in the charter and she would like to know what the citizens think about the matter. Councilmember Corica stated he and President Diament had voted on the 1976 Charter provision (Sec. 2-14) and if someone wished to make an issue of it, then it should be known that he was the one being referred to. He stated attorneys had been consulted and the City Attorney could clarify. Councilmember Lucas asked the City Clerk what the deadline was for putting the matter on the ballot, and if the August 19th meeting would be too late to discuss the matter. The City Clerk replied that Friday, August 8, would be the last day to put the matter on the ballot and the August 19th meeting would be too late. The City Clerk responded to Councilmembers' questions regarding the type and cost of a November election , noting it would be a consolidated election; that the County must be notified by Friday; and that the cost would be comparable to a special election but less than a municipal election. Councilmember Monsef noted that a two term limit would still permit eight years service as Councilmember and eight years as Mayor, and that it is fair to ask the people what they want. Councilmember Corica stated he believed the action was to keep him from running in April of 1986. Councilmember Monsef commented that he did not agree; that it is just to clarify the Charter and that it is a matter of principle. The City Attorney responded to Councilmember Hanna's question regarding wording and alternatives by stating the Council could place on ballot many alternatives, e.g. (1) two term limit on all, (2) 8 years as Councilmember, 8 as mayor or two terms with a 4 or 8 year break, or (3) limit as to Mayor's position only. Councilmember Lucas suggested two resolutions. The City Attorney noted that any Councilmember could request the City Attorney to draft a piece of legislation. Councilmember Hanna suggested a special meeting at Thursday noon. Following discussion, it was agreed to evening at 7:30 p.m. Councilmember Hanna made a motion to Thursday evening, August 7, 1986, at Lucas seconded the motion and it was hold the meeting Thursday hold a special meeting on 7:30 p.m. Councilmember carried by the following 189 voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 86 -479 Councilmember Lucas commented on a letter regarding Shoreline and Broadway, noting that there appears to be a constant accident problem. The Public Works Director noted that a flasher has been put up and a sign will be put up. Councilmember Lucas stated that the letter makes six suggestions and that it seems appropriate that the Public Works Director evaluate all of them. Councilmember Hanna commented that having no wall but simply soft sand to stop vehicles might be considered, but the matter should be resolved by the Traffic Advisory Committee. 86 -480 Councilmember Corica stated he had received a letter from County Supervisor Perata indicating that the County funding has been made to Mastick Senior Center and that a letter of thanks should be written to him. President Diament stated she would do that. 86 -481 Councilmember Corica stated that the City Clerk received two scholarships, one from the City Clerk's Association of California and the other one from the Northern Division of the City Clerk's Association, and that she should be congratulated. President Diament offered the congratulations of Council. ORAL COMMUNICATIONS, GENERAL 86 -482 Fred Scullin, 1120 Chestnut Street, referred to an Enforcement Status Report from the Executive Director of BCDC to all Commissioners, Alternates and Interested Parties. He separated out the items that involve the City of Alameda (e.g., the building of a boat dock on City property) and placed them on the second page. He noted that any involve charges that he considers trepass on Alameda City property and he therefore requested that, if the matters have not been investigated, that it be done. ADJOURNMENT President Diament adjourned the meeting at 10:15. Respectfully submitted, Diane B. Felsch City Clerk