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1986-10-07 Regular CC Minutes225 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA TUESDAY OCTOBER 7, 1986 At the end of the Pre-Council meeting, President Diament called a Closed Session to order to consider the Workers' Compensation Claim of Craig Elvin. The meeting convened at 7:30 p.m. (at the conclusion of the Housing Authority meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Corica, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. MINUTES Councilmember Hanna made a motion for approval of the minutes of the meeting of September 16, 1986. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. CONSENT CALENDAR Fred Scullin, 1120 Chestnut Street, requested that Item 1-E be removed from the Consent Calendar for discussion under the regular agenda. Councilmember Lucas with the exception Sanitary Pumping Councilmember Hanna unanimous voice vote moved for adoption of the Consent Calendar of Item No. 1-E regarding the Bridgeway Station and Interceptor Facilities. seconded the motion and it was carried by - 5. REPORTS AND RECOMMENDATIONS *86-566 From City Manager transmitting the Program Performance Review for Fiscal Year 1985-86. Accepted. *86-567 From Public Works Director recommending acceptance of work by Cagwin and Dorward for Marina Village Parkway/Independence Drive landscape improvements, Assessment District 84-3, P.W. No. 4-85-16. Accepted. *86-568 From Public Works Director recommending acceptance of work by Iconco of California, Inc. for Webster Street Substation demolition, P.W. 5-86-13. Accepted. *86-569 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. 226 RESOLUTIONS *86-570 Resolution No. 11022 "Adopting Plans and Specifications for the repair of Portland Cement concrete sidewalk, curb, gutter, and driveway for fiscal year ending June 30, 1987, P.W. No. 9-86-35, calling for bids and directing City Clerk to advertise same." Adopted. *86-571 Resolution No. 11023 "Authorizing open market purchase of various vehicles for the Public Works Department." Adopted. *86-572 Resolution No. 11024 "Authorizing reprogramming of UDAG Loan Repayment Funds and authorizing execution of amendments to affected Grant Agreement." Adopted. *86-573 Resolution No. 11025 "Authorizing submittal of an application to the State Office of Historic Preservation for the City to be a Certified Local Government, pursuant to the National Historic Preservation Act of 1966." Adopted. FINAL PASSAGE OF ORDINANCES *86-574 Ordinance No. 2305 N.S. "Amending the Alameda Municipal Code by amending Sections 13-1941 and 13-1953 of Chapter 1, Title XIII thereof relating to Vending Machine Business License Tax." Adopted. *86-575 Ordinance No. 2306. N.S. "Authorizing acquisition of property from Safeway Stores, Inc. for the construction of Patton Way, Phase III." Adopted. BILLS *86-576 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,276,070.38. RETURN TO REGULAR AGENDA RESOLUTIONS Councilmember Corica moved to take the resolutions regarding Commission appointments out of order. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86-577 Resolution No. 11027 "Reappointing Darlene Pharr a member of the Recreation Commission." Adopted. Councilmember Monsef made a motion to adopt the resolution. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. 86-578 Resolution No. 11028 "Reappointing Mae Ashton a member of the Recreation Commission." Adopted. 227 Councilmember Hanna Councilmember Monsef unanimous voice vote - 86-579 Resolution No. the Golf Commission." Councilmember Corica Councilmember Hanna unanimous voice vote - made a motion to adopt the resolution. seconded the motion and it was carried by 5. 11029 "Appointing Shirl Ames a member of Adopted. made a motion to adopt the resolution. seconded the motion and it was carried by 5. The Acting City Clerk administered the oaths of office to the reappointed Recreation Commissioners, and presented them with their certificates. WRITTEN COMMUNICATIONS 86-580 From Robert D. Van Amburg, 1057 Camellia Drive, regarding the issuance of parking meter violations on national holidays. Del Blaylock, 1903 Encinal Avenue, Greater Alameda Business Association, commented he favors parking meters; considers the lack of patrol of unmetered areas a problem; and believes all State & Federal holidays should be observed. Richard Roth, 1401 5th St., compared parking meters on selected holidays to speed traps and requested Council consider alternatives, (for example, increasing rates). Councilmember Lucas inquired about how many stores were open, to which Mr. Roth replied he did not know, but there were a few, plus liquor stores, restaurants, etc. Councilmember Hanna commented that parking meters are for the business community and because of the number of complaints, he made a motion that the City Manager's office obtain a serious consideration by the business community and report back to Council. Councilmember Monsef seconded the motion. Councilmember Corica stated people complained that they could not pay for the tickets because City Hall was closed and no one could take their money. He therefore requested a substitute motion which would include Labor Day as legal holiday for parking meters, as a stopgap solution. President Diament commented that it was necessary to look at more than one day. Councilmember Lucas asked clarification if there was to be a survey or consideration, to which Councilmember Hanna replied it was to be a serious consideration; that it could be by opinions from the Chamber of Commerce and business associations. 228 Councilmember Hanna noted that approximately 250 tickets were issued on Labor Day and inquired how many were issued on a regular day. Captain William Schmitz, Police Department, responded there were about 150 meter violations, and about 200 meter violations on Labor Day. He further stated, in response to the City Manager's question, that the Police Parking Violation's Bureau is closed, however, it will accept fines for citations but will not issue written receipts; and, it will do that on Labor Day as well. Councilmember Hanna asked clarification that ticketed persons could have left their bail, to which Captain Schmitz replied they could have. The motion was carried by unanimous voice vote - 5. *86-581 From Barbara M. Borden, 343 Oleander Avenue, concerning the Alameda Alliance of Homeowners' petition for a traffic management initiative, and the ad hoc traffic committee. President Diament noted that Mrs. Borden was objecting to the committee being formed. She stated there had been a motion at the last Council meeting to form it; that she had received a number of offers from volunteers to serve on it as well as recommendations from Councilmembers; that her list contains six citizen representatives while only four are to be appointed, that she will give lists to all Councilmembers for them to make a selection, and that perhaps names of developer representatives would be placed in a hat and one drawn from it. Councilmember Hanna made a motion to accept the communication. The motion was seconded by Councilmember Monsef who asked clarification if item would be on the agenda on the 21st (and was informed by President Diament that it would be). The motion was carried by unanimous voice vote - 5. *86-582 From Lois Trapp, Outreach Committee, First Congregational Church, 1912 Central Avenue, regarding federal Community Development Block Grant funds. Councilmember Hanna made a motion to accept the communication. The motion was seconded by Councilmember Lucas and carried by unanimous voice vote - 5. *86-583 From Vivian Patterson, 1256 Sherman Street, Community Development Block Grant monies. Accepted. Vivian Patterson addressed council with her concerns Alameda child care and requested Council reconsider the regarding regarding matter. Elizabeth Rogers, 1261 Weber Street, expressed her concerns for housing and aged, and stated she believed Council should not have voted against it. 229 Kate Quick, 1446 - 9th Street, agreed with the two previous speakers and added she believes the charge of Council is to represent all the people, especially those who are poor or ill and unable to speak for themselves. Councilmember Lucas stated her main reason in voting against the matter is because she believes the largest chunk remains at City Hall to support bureaucracy, and she wants no more wasteful federal funds. She added that she believes people should be helped but they should be helped to help themselves. Councilmember Corica stated that he too was not happy with the Community Development Department; that it was too costly and things were not done to his liking. Councilmember Corica then read statistics revealing that Alameda was already more supportive of persons by subsidizing housing than most other cities in the area. Councilmember Corica stated that, as he was on the prevailing side in the action denying the $144,000 block grant monies, he would like to move that the Council reconsider the action. President Diament seconded the motion. Councilmember Monsef stated that he supports the motion; that he believes child care centers are becoming an issue county -wide, and that, if Council feels Community Development Department is inefficient, that action should be taken, not just talk. The motion was carried by the following voice vote: Ayes: Councilmembers Corica, Hanna, Monsef and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. President Diament commented that she believed the Community Development Department works efficiently and she has heard very good reports about it. 86 -584 Resolution No. 11029 "Authorizing an amendment to the Fiscal Year 1986 -87 Statement of Community Development Objectives and Projected Use of Funds and authorizing execution of Agreements with the Department of Housing and Urban Development and with Affected Subgrantees." Adopted. Councilmember Hanna made a motion to approve the staff recommendation on the issue of the $144,000. President Diament seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Corica, Hanna, Monsef and President Diament - 4. Councilmember Lucas - 1. Absent: None. HEARINGS *86 585 Consideration of Development Agreement, DA- 86 -1-, between the City of Alameda and Alameda Gateway, Ltd., for the property known as Alameda Gateway (formerly Todd Shipyard) located at 2900 Main Street. Applicant: Alameda Gateway, Ltd. 230 President Diament announced the procedure of the hearing. The Planning Director described the matter. The public portion of the meeting was opened. On the call for proponents, there were none. On the call for opponents, the following spoke: Barbara Thomas, 1118 Paru Street. Fred Scullin, 1120 Chestnut Street. John Beery, Applicant, answered questions raised by opponents. The public portion of the hearing was closed. Councilmember Lucas inquired of the City Attorney an answer to the charges that the development agreement would present legal problems because the General Plan is illegal. The City Attorney stated that the development agreement sets out what the rules will be and reduces the reasons for developers to bring suits against the City. The State of California has not declared the Combined Land Use Plan invalid even though it has not been updated yet. Councilmember Corica inquired if someone could bring suit if something happened at Alameda Gateway if our Combined Land Use Plan was not up to date. The City Attorney stated that the Attorney General can bring an injunction to stop all development until the Plan is brought up to date, but it has only been done once in the history of the state, and it didn't work out well. The City Manager noted that the State understands the status of the submission of the housing element to be that it will come before Council the beginning of next year after review by the Planning Board, and the State has given no indication that it is going to sue the City. Councilmember Corica noted that the traffic initiative is coming up in April, and suggested that Council wait to see what the people want in April, and then proceed. Following a lengthy Council discussion regarding the former ownership transactions of the project area under discussion, Councilmember Lucas commented that development agreement shows all items will have to come before both Planning Board and Council and there will be plenty of opportunity for public input. Councilmember Lucas inquired if the traffic initiative is passed, will that have an affect on this development, to which the City Attorney responded that it was highly unlikely. 231 The City Attorney further commented that the Planning Board would be dealing with this project as a Planned Development. The City Attorney added that the State law makes these contracts enforceable regardless of changes in land use requirements, and therefore, one can argue that the planning board could not use the new legislation as a standard. Councilmember Lucas inquired, if the public input were strong on the subject, could the Planning Board consider it? The City Attorney responded that, as part of their review of the Planned Development, the Board could, at least, make recommendations about the use of the money, for traffic purposes, that the City will receive under this agreement. Councilmember Lucas area which will help Councilmember Hanna Gateway Development and added that Mr. Square area. commented that Patton Way is going into the alleviate traffic problems. commented that he believed the Alameda Agreement appears to be fair in its approach Beery did an excellent job in the Mariner Councilmember Hanna made a motion to take the related ordinance out of order. Councilmember Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. Councilmember Corica commented he voted no because of the traffic and density. Councilmember Monsef stated he has great concern regarding the traffic problem in that area and feared possible litigation and therefore cast a no vote. INTRODUCTION OF ORDINANCES 86 -586 Ordinance No. N. S. "Approving and Authorizing Execution of Development Agreement with Alameda Gateway, Ltd. and making certain findings with respect thereof." Introduced. Councilmember Hanna made a motion to introduce the ordinance. Councilmember Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. REPORTS AND RECOMMENDATIONS 86 -587 From City Manager regarding the property at Central Avenue and Oak Street (Record Factory). 232 Peter N. Delanoy, 5283 Broadway Terrace, Oakland, stated he is the owner of the property and he does not want to sell it but wants to develop it. Councilmember Monsef inquired what kind of business is planned for that location, to which Mr. Delanoy stated Kragen Auto Parts was being considered. Councilmember Monsef commented many cities across the State were contemplating civic center plans and the City should not wait ten years to consider one. Dorothy J. Madsen, 2226 1/2 Buena Vista, stated she did not believe property should be taken away. Barbara M. Thomas, 1118 Paru Street, stated she believed Council should ask the Library Board if they want the site, before Council decides to take it. President Diament noted there will be a meeting of the Library Board, the Council, and the Site Committee in which a detailed report of the Site Committee will be presented. This is a site which has been considered and there has also been consideration of the fact that there will be a great demand for parking for the vicinity (including the Alameda High School) and the fact that the property has not been used and the building on it is in very poor condition. Councilmember Corica stated concern that the report came before Council before the Library Board has come forth with a recommendation. Councilmember Lucas stated she believes Council had already decided the Library should stay where it is and that it is a beautiful historical building which should be preserved, but parking is needed for the area for the historical high school and the Park Street business, and she would like input from those groups but definitely does not want to see library funds used for the acquisition. President Diament noted the decision regarding funds will be made at a later time but she believed the Council has gone on record as being in favor of building a new library in the area. Councilmember Monsef commented he doesn't think Council should take any action, since the library has not yet made a recommendation, and would like the issue delayed until the Library Board meets. Councilmember Lucas made a motion to authorize the .staff to proceed with negotiations for acquisition of the property without making a commitment at this time from which source the funds would come. Councilmember Hanna seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. 233 *86-588 From Public Works Director on status of the Street Light Conversion Project. Councilmember Monsef made a motion to accept the report and recommendation. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. *86-589 From Public Works Director on utility undergrounding priorities and recommending the date of November 4, 1986, for a public hearing to establish underground districts. Councilmember Hanna made a motion to accept the report and recommendation. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 86-590 The Acting Clerk administered the oath and transmitted the Certificate of Appointment to the newly appointed Golf Commissioner, Shirl Ames. RESOLUTIONS 86-591 Resolution No. 11030 "Declaring the period from October 13, 1986, through October 18, 1986, to be 'Care for Alameda - Keep it Clean' week." Adopted. Councilmember Hanna made a motion to adopt the resolution. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. *86-592 Resolution No. 11031 "Authorizing execution of agreement with East Bay Municipal Utility District to convey ownership and operation of the Bridgeway Sanitary Pumping Station and Interceptor Facilities to the District." Adopted. Councilmember Monsef made a motion to adopt the resolution. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86-593 Ordinance No. N.S. "Authorizing Execution of Amendment to Tidelands Lease with Alameda Gateway, Ltd." Introduced. Councilmember Lucas made a motion to introduce the ordinance. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. NEW BUSINESS 86-594 Councilmember Corica commented that several elderly people had expressed concern to him that the crosswalks on Park Street were not smooth enough to walk well on them. The Public Works Director stated that the City rejected the work 234 because it was not according to specifications, and it is being redone by the Contractor. 86-595 Councilmember Corica inquired about the location of recycling bins to replace the ones recently removed. The City Manager said the Boy Scouts found they were not receiving funds they expected from the recycling; they have met with the Planning Department and recyclists; they will be looking for new locations and bring the information back to the City. The City Manager stated he will report back regarding locations. UNFINISHED BUSINESS 86-596 President Diament noted there was to be one representative on the Traffic Committee to be drawn from developers, namely, Harbor Bay Isle, Marina Village, Gateway, and Ballena Bay, and asked if there were any other developers to be considered. There was no response. ORAL COMMUNICATIONS, GENERAL 85-597 Roland Wade, 1410 1/2 9th Street, expressed his concerns regarding the No-Parking signs on 9th Street between Central and Taylor Avenues, and noted he had a petition signed by 18 residents of the street, which stated that it caused a hardship for parking. [The petition was not submitted.] President Diament noted that the program was instituted at the request of citizens concerned about street cleanliness because on many streets, gutters and sidewalks are not cleaned by citizens, and because cars with catalytic converters can start fires as they have in two recent incidents. She then asked the Public Works Director if there is anything that can be done to relieve the situation on 9th Street. The Public Works Director stated that the election of locations of the signs were based on request and a combination of debris buildup and heavy parking. Councilmember Corica commented that if the neighborhood doesn't want it, then it could be taken off and put somewhere it is wanted. Mr. Wade stated that the Public Works Department should check the neighborhood and if it is not kept clean, then Public Works can send someone to handle it and the neighborhood citizens will pay for the work done. The Public Works Director noted the matter was brought before Council and the ordinance was passed a year ago. 235 The Public Works Director stated administratively, the City could take the signs down and refrain from ticketing, but the ordinance must be changed. Councilmember Corica requested the matter be handled admistratively and that the ordinance be amended. Council was in agreement. 86-598 Ray Jordan, 1815 Clement Street, Twilight Zone, requested that Ordinance 1499 N.S., be amended to allow younger high school students under the age of 16 to attend public dances under the supervision of chaperones. Council directed that an ordinance amendment be prepared by the City Attorney. 86-599 Fred Scullin stated he attended a public meeting at the Lum School regarding the consideration of one or two High Schools in Alameda and believes the subject goes beyond the school district and that the Council and City should be involved and decide what would be best for the City of Alameda. President Diament commented that she understood there would be another meeting tomorrow night and believes their objective is to make recommendation to the school board after gathering information on alternatives. ADJOURNMENT President Diament adjourned the meeting at 10:23p.m. Respectfully submitted, // / ` 142- K6. L Patricia Calbreath Acting City Clerk