1986-11-04 Regular CC Minutes255
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALP,MEDA
NOVEMBER 4, 1986
The meeting convened at 7 :35 p.m. (at the conclusion of the
Housing Authority meeting) with President Diament presiding. The
Pledge of Allegiance was led by Councilmember Hanna. Reverend
Martell Twitchell gave the invocation.
ROLL CALL - Present: Councilmembers Corica, Hanna, Lucas, Monsef,
and President Diament.
MINUTES
Councilmember Lucas made a motion for approval of the minutes of
the Regular Council Meeting of October 21, 1986 and the Special
Council Meeting of October 27, 1986. Councilmember Hanna
seconded the motion and it was carried by unanimous voice vote -
5.
CONSENT CALENDAR
REPORTS AND RECOMMENDATIONS
*86 -634 From Public Works Director recommending acceptance of the
remaining portion of the Bridgeway Sanitary Sewer between Oyster
Pond Road and Packet Landing Road and release of bond. Accepted.
*86 -635 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 -636 Resolution No. 11042 "Awarding contract to Darcy and
Harty Construction Co., Inc. for Encinal Boat Ramp Restroom
reconstruction and authorizing execution thereof." Adopted.
*86 -637 Resolution No. 11043 "Awarding contract to Wild Horse
Engineering Corp. for repair of Portland Cement Concrete
Sidewalk, Curb, Gutter, and Driveway and authorizing execution
thereof." Adopted.
*86 -638 Resolution No. 11044 "Authorizing execution of amendment
to service contract with George Hills Company, Inc. for
liability claims adjusting and administration." Adopted.
*86 -639 Resolution No. 11045 "Authorizing Office of Criminal
Justice Planning Grant for Career Criminal Apprehension Program
State of the Art Project." Adopted.
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INTRODUCTION OF ORDINANCES
*86 -640 Ordinance No. N.S. "Amending Title XVII of the
Alameda Municipal Code to establish a two -hour parking zone on
the north side of Clement Avenue west of Park Street."
Introduced.
FINAL PASSAGE OF ORDINANCES
*86 -641 Ordinance No. 2309 N.S. "Amending the Alameda Municipal
Code by amending Chapter 1 of Title II thereof relating to City
Council Meetings and Agendas therefor." Adopted.
*86 -642 Ordinance No. 2310 N.S. "Amending the Alameda Municipal
Code by repealing Section 12 -326 of Article 2, Chapter 3, of
Title XII thereof, relating to minors being accompanied into
Dance Halls." Adopted.
NEW BUSINESS
*86 -643 From City Attorney recommending denial of application of
Cindy Waters to present Late Claim against Alameda Police
Department. Accepted.
BILLS
*86 -644 A List of Claims, certified by the City Manager as
correct, was approved in the amount of $1,567,392.41.
RETURN TO REGULAR AGENDA
RESOLUTIONS
Councilmember Corica made a motion to take the resolution
relating to the Building Code Board of Appeals out of order.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
86 -645 Resolution No. 11046 "Appointing Lee S. Darrow a member
of the Building Code Board of Appeals.
Councilmember Hanna made a motion to adopt the resolution.
Councilmember Lucas seconded the motion and it was carried by
unanimous voice vote - 5.
The City Clerk administered the oath to Mr. Darrow and presented
him with a Certificate of Office.
WRITTEN COMMUNICATIONS
86 -646 From President, Oakland Scavenger Company, 2601 Peralta
Street, Oakland, regarding merger of Oakland Scavenger Company
with Waste Management, Inc.
President Diament commented that the County Solid Waste Authority
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seems very enthusiastic about this merger, and requested the City
Manager address the concern regarding the possible rate
structure.
The City Manager replied that there are two questions that need
to be answered: (1) The attorney, and attorneys in other cities
with similar franchises, need to review the franchise agreement
to insure that approval of the cities is not required at this
point for this transfer; and (2) the return on equity of Oakland
Scavenger could be affected by a buyout of this sort and the Rate
Review Advisory Committee, which is made up of the franchising
cities, will be meeting this month to review this with the
assistance of Price Waterhouse accounting firm and a report will
come from them in the near future.
Councilmember Hanna inquired about the possibility of buyout to
which the City Manager replied that it is not clear yet what the
financial arrangements are.
Councilmember Lucas made a motion to hold the matter over until
the first meeting in December following the meeting of the Rate
Review Advisory Committee. Councilmember Monsef seconded the
motion and it was carried by unanimous voice vote.
86-647 From Ross Williams, Chiropractor, 764 Haight Avenue,
commending the City Council for their support of the Economic
Development Corporation of Alameda, and thanking Mr. Ron Gerber
for his assistance.
President Diament commented that she had a number of letters
expressing thanks for the work Ron Gerber has done in
establishing new businesses in Alameda.
Councilmember Hanna moved acceptance of the communication.
Councilmember Lucas seconded the motion and it was carried by
unanimous voice vote - 5.
86-648 From Ed Perreira, Owner, Neptune's Galleon Restaurant,
concerning a sign issue.
The Planning Director commented that staff has continued to work
with Mr. Perreira and has determined a set of conditions under
which staff feels he can apply for an off-premise sign in the
vicinity of the location in which he is interested.
President Diament inquired if Marina Village is cooperating with
him, to which the Planning Director replied he assumes so because
Mr. Perreira is a tenant of Marina Village.
President Diament said she believed something should be worked
out for him since his business is difficult to locate.
Councilmember Corica stated he believed the problem is that the
sign came down for painting and now it cannot be put back up and
that is not fair.
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Upon inquiry regarding the Marina Village sign, the Planning
Director noted that it is a temporary sign. He stated also that
the sign that came down was without City permit and would have
been removed under the sign conformance program that is now
underway.
Councilmember Lucas commented that there were three signs on the
property and now there is the one for Marina Village and she is
concerned that he may not be able to locate it on City property
because of the sign ordinance and perhaps there should be an
exemption to permit Mr. Perreira's sign, since he had one there
for fifteen years.
The City Manager stated the City could ask Marina Village to
remove their sign but the problem is that Mr. Perreira's sign is
illegal and if he is not made to remove it, then it will cause
problems with the people on Webster Street, who are being asked
to remove their signs (some of whom are threatening to sue).
Councilmember Corica commented that Marina Village should move
their sign a hundred feet away from the location and have Mr.
Perreira's sign up there where it has been for seventeen years.
Councilmember Corica said he would like to make it a motion that,
if Marina Village wants to work with Mr. Perreira to get the
sign up there, fine, and otherwise the sign that has been there
should be placed there again and, if Marina Village wants to put
their sign one hundred feet away or whatever distance is
required, that should be the case. Councilmember Monsef seconded
the motion.
President Diament inquired what this would do to the process to
which the Planning Director said the Planning Board had granted a
use permit for the off-premise directional sign for Marina
Village and the City Attorney would have to address the matter.
The City Attorney stated there are two issues, one is the
property ownership, which is the City's, that Mr. Rupp has
addressed that, and as owners of the property, in spite of what
the Planning Board has done, Council may request the sign be
removed, or grant a lease. The other issue is the sign ordinance
itself which does not at this point in time permit Mr.
Perreira's sign to sit on that piece of property because it is
visible from a residential area. There are certain off-premise
advertising situations which may be a little harsh and which
Council may wish to change.
Councilmember Lucas inquired if there could be one sign for
several of the people doing business in Marina Village to which
the Planning Director stated that there could be, as long as it
did not exceed fifty square feet in area.
The City Attorney stated that he and the Planning Director had
discussed the type of program that some states have where there
are, for example, no billboards but government provided signs at
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freeway exits, and that an amendment could be made to the sign
ordinance that would permit a directory sign.
Councilmember Corica stated he believed that might be the
direction to take but would like the motion moved on; that in
two weeks time, Mr. Perreira and Marina Village ought to get
together and find out what would be acceptable to both of them,
and if not, the motion should be binding; and called for the
question.
The motion was carried by unanimous voice vote - 5.
Coucilmember Lucas stated that she would like to seize on Mr.
Stroud's suggestion that Council consider an amendment to the
sign ordinance for City-type signs giving directions for
businesses and would like the City Attorney to submit an
amendment to the ordinance at the same time that the Marina
Village and Galleon sign is discussed at the next meeting.
86-649 From President, Alameda Chamber of Commerce, requesting
annual funding assistance from the City of Alameda.
Don Dowdell, President, Chamber of Commerce, referred to his
letter, stated the Chamber's objectives which promote the City,
and reviewed the Chamber's source of funds.
Councilmember Corica asked what the rent is, received on the
Chamber's property, to which Mr. Dowdell replied $18,000.00 per
year is received.
Councilmember Monsef inquired if the lease required renegotiation
or automatic rent increase, to which Mr. Dowdell responded that
the lease is for ten years.
Councilmember Hanna stated he had no objection to a $25,000.
appropriation this year possibly pro-rated and another
appropriation in the next budget, provided it comes out of the
business license tax fees.
Charles Tillman, 2415 Roosevelt Drive, noted the Chamber is
paying only approximately $200.00 per month rent; wants to see
them assisted and suggested possibly $10,500.00; and that they
have an investment-which could be collateralized.
Fred Scullin, 1120 Chestnut, stated the Chamber of Commerce is a
business, that when business comes to the government for
handouts, it is no longer a free enterprise; asked who
represents consumers; and said the Chamber is making a profit on
rent on the place where they were and should have remained.
The President of the Chamber of Commerce noted that the members
of the Chamber contribute approximately $94,000.00 per year; the
Chamber must be involved in fund raising which requires time and
effort of volunteers; that many cities throughout the country
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assist their Chambers, and the Chamber is not asking for a
handout because it presents worthwhile assistance to the City,
which is worthy of reciprocation.
President Diament commented the Chamber has been doing an
excellent job.
Councilmember Lucas stated she believes the Chamber of Commerce
plays an important part in business, helping businesses locate
here; that if the City had to do it, it would be very expensive.
Councilmember Monsef agreed and stated he believes the Chamber of
Commerce should be commended, and the City should support it.
Councilmember Monsef made a motion to assist the Chamber of
Commerce with $25,000.00 this fiscal year (non-prorated) and
$25,000.00 for next fiscal year. Councilmember Hanna seconded
the motion.
Councilmember Corica commented that he had a problem with the
fact that the Chamber is a landowner, has a valuable piece of
property on which it receives $18,000 a year; believes the City
has assisted by allowing the use of City Hall space at a low
rate; and said perhaps they might want to explore selling the
property.
The motion was carried by the following voice vote: Ayes:
Councilmembers Hanna, Lucas and Monsef, and President Diament -
4. Noes: Councilmember Corica - 1. Absent: None.
HEARINGS
86-650 Hearing to establish Utility Underground Districts #2
through #9 at various locations in the City.
President Diament explained the procedure of the hearing.
The Public Works Director explained the subject of the hearing,
pointing out District areas on the wall maps.
President Diament inquired if all property owners had been
notified and if there had been any written replies, to which the
Public Works Director responded that they had been notified and
there had been no-written replies but there had been three phone
calls from property owners opposed to paying for the work and two
calls for information only.
Councilmember Corica asked if the property owners knew what it
would cost them personally, to which the Public Works Director
read the paragraph on page 2 of the letter of notice which stated
the cost to the property owners, and noted it was underlined to
call attention to it.
Councilmember Lucas asked if the cost multiplied per unit for a
duplex or four-plex.
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Richard Cartwright, Assistant General Manager, Plant & Facilities
Bureau of Electricity, responded that there might be a slightly
higher cost but it would not double or triple because the major
costs were in excavation and repaving for digging a trench.
To Councilmember Lucas's inquiry if there would be any large
complexes where the cost would be more than the amount indicated,
Mr. Cartwright stated there might be slightly more cost
involved, but he understood that the undergrounding would be to
the main circuit breaker for the building and then broken down to
the individual subcircuit boards for the building.
To Councilmember Corica's question regarding the length of time
over which the payment would be spread, the Public Works Director
responded that typically, the assessment districts in the City
have been 15 to 20 years, but it would be discussed with the
property owners as to their preference to pay immediately or
spread over a number of years.
The City Manager noted that the City would be advancing the cost
and the owners would pay back.
Councilmember Hanna inquired if all districts would be
established at once but accomplished in perhaps six month
intervals, to which the Public Works Director replied in the
affirmative.
Councilmember Monsef inquired if the costs a year from now might
be higher to which the Public Works Director responded it was
possible.
On the call for proponents, there were none.
On the call for opponents, the following persons spoke:
Robert Reeves, 608 Sandalwood Isle.
Edward Brennan, 1510 Everett Street.
Richard Cartwright made general comments on the project,
including the fact that it would appear to be approximately a
four year program, and some of the cost would be higher than
indicated at this time.
Councilmember Corica stated that the figure should be permanent,
and inquired if, when cutting the trenches, why they could not
cut right up to the house, to which Mr. Cartwright responded
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that it is a possibility if a standard service is offered, that
if it has to be customized for each one, there may be a problem.
Councilmember Lucas stated that keeping the current cost would
be desirable.
Councilmember Corica stated that if the owners want to modify,
they may.
Mr. Cartwright stated that he couldn't give a specific figure
but that $2000 is probably the outside limit.
Councilmember Corica suggested Council make a motion that the
limit be set at $1500, and to express to the Public Utilities
Board Council's desire that they explore the possibility that
when they are doing the undergrounding work, that they proceed on
to the owner's property as far as possible.
Ina Ratto, 1053 Island Drive, commented if her neighbors knew the
work might be done this year, they may have attended the meeting
tonight.
Councilmember Corica made a motion to request the Public
Utilities Board proceed with the undergrounding, as far as
possible, on private property when providing service in an area,
and also that present indicated costs will be the maximum levied.
Councilmember Monsef seconded the motion. The motion was carried
by unanimous voice vote - 5.
Councilmember Lucas made a motion that the related resolution be
taken out of order. Councilmember Hanna seconded the motion and
it was carried by unanimous voice vote - 5.
RESOLUTIONS
86-651 Resolution No. 11047 "Establishing Utility Underground
Districts #2 through #9 at various locations in the City pursuant
to City of Alameda Ordinance No. 2212, N.S." Adopted.
Councilmember Hanna made a motion to adopt the resolution.
Councilmember Lucas seconded the motion and it was carried by
unanimous voice vote - 5.
86-652 Resolution No. 11048 "Appointing Engineer and Attorney
for Annexation No. 86-2 to Island City Landscaping and Lighting
District 84-2." Adopted.
Councilmember Hanna made a motion to adopt the resolution.
Councilmember Lucas seconded the motion and it was carried by
unanimous voice vote - 5.
James Keltner, 1128 Bay Street, commented that letters of
appreciation have been written to City Hall, but he wants to
publicly express to Council, the fact that when there was trouble
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with the Bay Street elm trees, the City came right in to do the
work, and the cooperation and work of the City Manager, Public
Works Director, Sidewalk Superintendents, Tree Expert, and
others, is greatly appreciated.
The City Manager commented that the staff appreciated the
cooperative and positive attitude of the Bay Street residents and
their willingness to shoulder the burdens and responsibilities of
taking care of their neighborhood, and it is a pleasure to work
with such people.
86-653 Resolution No. 11049 "Preliminarily approving Engineer's
Report on estimated cost of District, preliminarily confirming
diagram and assessments, ordering levy of assessments and
providing for Notice of Hearing thereon, Island City Landscaping
and Lighting District 84-2, Annexation No, 86-2." Adopted.
Councilmember Hanna made a motion to adopt the resolution.
Councilmember Lucas seconded the motion and it was carried by
unanimous voice vote - 5.
ADJOURNMENT
President Diament adjourned the meeting at 9:15 p.m.
Respectfully submitted,
Diane B. Felsch,
City Clerk