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1985-07-16 Regular CC Minutes540 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JULY 16, 1985 The meeting convened at 7:34 p.m. (at the conclusion of the Community Improvement Commission meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Hanna. Reverend Wilfred Hodgkin gave the Invocation. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Consideration of approval of the minutes of July 2, 1985, was continued to August 6, 1985. CONSENT CALENDAR At the request of Fred Scullin, 1120 Chestnut Street, Item 1-B, a Report and Recommendation from the Finance Director regarding Investment Portfolio as of June, 1985, was removed from the Consent Calendar for consideration with regular agenda items. Councilmember Lucas moved for adoption of the Consent Calendar, and Councilmember Monsef seconded the motion. The motion carried by unanimous voice vote - 5, with the following exception: Councilmember Corica entered an abstention in connection with Item 1-H, Final Passage of an Ordinance amending the Alameda Municipal Code relating to rates for collection of garbage and refuse and prescribing methods of collection. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *85-428 From Planning Director on the status of the Nimitz Freeway-Doolittle Drive Transportation Study Committee. Approved. RESOLUTIONS *85-429 Resolution No. 10682 "Authorizing execution of extension of contract for purchase of services with Auto-Graphics, Inc. for Library Catalog Production." Adopted. *85-430 Resolution No. 10683 "Adopting Plans and Specifications for South Loop Road, Phase II, Harbor Bay Business Park, calling for bids and directing City Clerk to advertise same." Adopted. *85-431 Resolution No. 10683 "Awarding contract to Bay Cities Paving and Grading, Inc. for the reconstruction of Eagle Avenue and Hibbard Street, and authorizing execution thereof." Adopted. *85-432 Resolution No. 10685 "Awarding contract to Pacific Mechanical for Golf Course Storm Pump Station and Drainage Improvements, and authorizing execution thereof." Adopted. July 16, 1985 541 *85-433 Resolution No. 10686 "Approving Parcel Map No. 4299 for division of property within Alameda Marina Village, accepting certain dedicated easements and finding said Parcel Map consistent with City's General Plan (Alameda Marina Village Associates - Subdivider)." Adopted. FINAL PASSAGE OF ORDINANCES *85-434 Ordinance No. 2243, N.S. "Amending the Alameda Municipal Code by amending Section 15-6210 thereof relating to rates for collection of garbage and refuse and prescribing method of collec- tion." Adopted. (Councilmember Corica abstained on this vote because a member of his family is employed by Oakland Scavenger Company.) BILLS *85-435 A List of Claims, certified by the City Manager as correct, was approved in the amount of $2,182,753.45. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 85-436 From Rose Nicholas, 457 Buena Vista Avenue, expressing concern regarding curbcuts. Josephine Bixler, 814 Haight Avenue, addressed Council and expressed concerns regarding the amount of funds to be expended on curbcuts, which she believed is inadequate. Mrs. Bixler was concerned that a portion of the funds allocated for curbcuts would be used toward administrative costs, and she emphasized the importance of providing curbcuts throughout the entire City. Staff explained that the Social Service Human Relations Board (SSHRB) had been delegated the responsibility for studying curbcuts and providing recommendation for allocation of funds. President Diament provided Mrs. Bixler with information from the SSHRB's report. 85-437 From Santa Fe Southern Pacific Corporation opposing Senate Bill 719. Councilmember Lucas stated that Council was in possession of only one point of view in connection with the issue of manned or unmanned cabooses; therefore, she believed that Council should not take a position on Senate Bill 719. Councilmember Lucas moved that Council accept the communication (without action). Councilmember Corica seconded the motion, which carried by unanimous voice vote - 5. Councilmember Monsef moved, and Councilmember Lucas seconded the motion, that appointments to Boards and Commissions (Agenda Items 8 through 12) be taken out of order at this time. July 16, 1985 542 RESOLUTIONS 85-438 Resolution No. 10687 "Appointing Thomas R. Schaeffer as a member of the Cable Television Oversight Committee." It was moved by Councilmember Hanna, and seconded by Councilmember Monsef, that the resolution be adopted. The resolution was adopted by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-439 Resolution No. 10688 "Appointing Robert Kreitz as a member of the Cable Television Oversight Committee." Councilmember Monsef moved, and Councilmember Hanna seconded the motion, that the resolution be adopted. Motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-440 Resolution No. 10689 "Appointing Michael G. Gorman as a member of the Cable Oversight Committee." Councilmember Monsef moved, and Councilmember-Hanna seconded the motion, that the resolution be adopted. Councilmember Corica stated that he would vote against the resolution due to what he believed would represent a conflict of interest for Mr. Gorman who has a business association with an attorney who represented United Cable. President Diament commented that she had served with Mr. Gorman on the negotiating team for United Cable and also in settling the charges for incomplete work and she found that he represented the City very capably and protected the City's interest. The resolution was adopted by the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 85-441 Resolution No. 10690 "Appointing Gordon F. Waldear as a member of the Cable Television Oversight Committee." It was moved by Councilmember Corica, and seconded by Councilmember Monsef, that the resolution be adopted. Motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-442 Resolution No. 10691 "Appointing Robert L. Wonder as a member of the Cable Television Oversight Committee." Councilmember Corica moved for adoption of the resolution, and the motion was seconded by Councilmember Monsef. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diaent - 5. Noes: None. Absent: None. The City Clerk administered the Oath of Office. July 16, 1985 543 APPEALS 85 -443 Appeal against the Planning Board decision approving a Negative Declaration (IS -85 -1) and a Use Permit (UP -85 -7) for a drive - through feature in a proposed McDonald's Restaurant at 2239 Shoreline Drive. Appellant: Ronald Abend for the Willows Home- owners Association. The Planning Director referred to the record of the Planning Board hearing on this matter which had been provided to Council in its entirety. Following Planning Board hearings, the Board adopted the Negative Declaration and approved the use permit subject to specific conditions. The Planning Board's decision was appealed to the Council, and Council was scheduled to review that Board's action at this time. The City Attorney explained that Council's function would be to simply review the record of the Planning Board and determine whether or not that record supports the Board's findings. President Diament opened the public portion of -the appeal. The following persons spoke in favor of the appeal: Tyler Berding, Attorney representing Willows Homeowners Association, Post Office Box 9355, Walnut Creek. The basis for the appeal was the contention that a comprehensive traffic study, including traffic counts, had not been performed. Kenneth Bankston of Kenneth Bankston Associates, 2820 Derby Street, Berkeley, traffic consultants representing Willows Homeowners Association; Stanley Freitas, 2101 Shoreline Drive, No. 437; Bud Cohen, 2101 Shoreline Drive; and Ralph Sauer, 2101 Shoreline Drive, former President of Willows Homeowners Association. The following speakers expressed opposition to the appeal: Steve Corrigan, 920 Park Street; Sam Young, 530 Queens Road; Gwin Ferguson, McDonald's Corporation, 2025 Gateway, San Jose; Thomas Clausen, TJKM Transportation Consultants, 5637 Chabot Drive, Suite 214, Pleasanton; Joanne Archer, representing McDonald's, 715 Central Avenue; Josephine Bixler, 814 Haight Avenue; Richard Roth, President, West Alameda Business Association, 1417 Fifth Street; Robert Coughlin, 46 Central Avenue, No. 33; William Osborne, 1209 Rosewood Way; and John Berger, 715 Central Avenue. President Diament closed the public portion of the appeal. Council's discussion centered on traffic concerns, and staff was queried as to what remedies would be available should unsatisfactory conditions develop following establishment of the use. The Planning Director suggested that Council may want to include a condition July 16, 1985 544 requiring a traffic review after a specified period of time, following which additional traffic measures may be implemented if warranted. The City Attorney noted that a conditional use permit does not impair the City's police powers to install off-site traffic control measures, such as medians, signalization, right-turn restrictions, etc. Council was also interested in any mechanism which would require costs associated with future traffic studies or control measures to be borne by McDonald's. The City Attorney stated that such an obligation could be imposed at this time. Responding to a suggestion from Councilmember Corica that an additional ingress/egress be provided, the Planning Director explained that it would be difficult to accommodate an additional driveway on the site. It was the Planning Director's opinion, however, that restricting exit to right turns would be a viable solution if such became necessary and would not require any physical modification of the site. Councilmember Hanna offered a motion to deny the appeal and approve the Negative Declaration and Use Permit subject to the findings and conditions contained in Planning Board Resolutions 1508 and 1509, with the following additional condition: If deteriined to be necessary by the City Engineer that right-turn-only controls be implemented, it shall be accomplished at the expense of McDonald's. The motion was seconded by Councilmember Lucas, and carried by unanimous voice vote - 5. Note: Council recessed briefly at this time. REPORTS AND RECOMMENDATIONS 85-443 From Secretary of the Public Utilities Board requesting approval for retention of excess net income. Councilmember Corica expressed his opinion that the excess net income should be returned to the rate payers. Councilmember Monsef commented that the actual amount returned to individual rate payers would be insignificant and would be better used to start modernizing the system which would benefit the public; e.g., undergrounding project. Gordon Christopherson, 2807 Marina Drive, raised several concerns regarding the recommendation for retention of excess income by the Bureau of Electricity. He questioned the Undergrounding Committee's priorities, the date the Bureau became aware of the anticipated refund, purpose of the bonds, what other "windfall" funds may be forthcoming, and how the Patton Way undergrounding project will be financed. Edwin Dankworth, Public Utilities Board, responded to some of the concerns identified by Mr. Christopherson. Councilmember Hanna stated that the questions posed by Mr. Christopherson should be addressed in a report back from the Bureau of Electricity and moved that the matter be held over for this purpose. The motion was seconded by Councilmember Lucas and carried by unanimous voice vote - 5. July 16, 1985 545 Fred Scullin, 1120 Chestnut Street, questioned that the City Charter would allow the Bureau of Electricity to retain surplus funds. The City Attorney explained that the Charter provides for the Council to make that decision. President Diament noted that Council would make that decision when a report is received from the Bureau as requested. 85-444 From Public Works Director recommending approval of the concept for Traffic Signal Improvements to the intersection of Lincoln Avenue and Fifth Street. Councilmember Corica moved that Council accept the report and recommendation; the motion was seconded by Councilmember Monsef, and carried by unanimous voice vote - 5. 85-445 From Public Works Director regarding Water Quality Control Board Municipal Compliance Plan. In response to Council inquiries, the Public Works Director explained that this plan would result in increasing fees from $2 to $4 per month in the current year and would require another increase to $7.50 per month after three years. The plan must be submitted to the Water Quality Control Board by August 1, 1985, and, if accepted, public hearings would follow before the increase could be implemented. Councilmember Lucas moved for approval of the report and recommendation, and the motion was seconded by Councilmember Monsef. The motion carried by unanimous voice vote - 5. The following item was removed from the Consent Calendar at the request of Fred Scullin for consideration at this time. 85-446 From Finance Director regarding Investment Portfolio as of June 1985. Fred Scullin, 1120 Chestnut Street, was concerned that the report was signed by the Finance Director rather than by the elected Treasurer. Mr. Scullin noted that the City Charter requires the Treasurer to be responsible for these funds. The Finance Director explained that the Treasurer reviews and signs these reports. Council concurred that the Treasurer should sign his approval on future reports (in addition to the Finance Director's approval) rather than simply signing as having reviewed the Investment Portfolios. It was moved by Councilmember Hanna, and seconded by Councilmember Monsef, that the report be accepted. The motion carried by unanimous voice vote - 5. July 16, 1985 546 RESOLUTIONS 85 -447 Resolution No. 10692 "Approving Encinal Boat Ramp Repair Project and appropriating funds from the Tideland Trust Fund to finance said Project." Mae Ashton, representing the Recreation Commission and also speaking as a boat owner and operator, referred to the difficulties being encountered in launching boats from the Encinal Boat Ramp at low tide. She stated that numerous written complaints have been received by the Commission. Ms. Ashton stated that the lowest possible price for the work had been obtained, and the Commission recommended that the work be done and urged that Council approve appropriation of the necessary funds. Noting the imminent starting date for the project (July 18), Councilmember Hanna expressed concerns regarding possible difficulty in obtaining the necessary bonds and insurance. The Assistant Park and Recreation Director explained that tide conditions would not be conducive to the repairs for another six or seven months if the project does not go forward as planned. It was moved by Councilmember Corica, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -448 Resolution No. 10693 "Authorizing execution of a Grant Agreement with Alamedans with HOPE for Housing Counseling Services for Fiscal Year 1985 - 1986." The following speakers addressed Council to voice support of continuing the services of HOPE: Helen G. Dodt, 1723 Chapin Street; Lois Pryor, President, Alamedans with HOPE, 1814 Clinton Avenue; John Foley, 3005 Van Buren; Jane Jackson, 1827 Bay Street (A); Peter G. Lomhoff, Lawyer, 6330 Telegraph Avenue, Oakland; Brian McDonald, Lawyer, 1446 -1/2 Sherman Street; Panos Lagos, Attorney, 5026 Woodminster Lane, Oakland; Ben Lopez, 2200 Central Avenue; and John Barni, Jr., Shaw & Lunt, 875 Island Drive. The following individuals spoke against continuing services with HOPE for housing counseling services: John Leiken (who also stated he was speaking for his wife, Abbey), c/o 2300 Shattuck Avenue, Berkeley; Cynthia Wilson, 4054 Mera Street; Carol Herrick, 509 Grand Street, (property owner at 529 Pacific Avenue) ; Lester Herrick, 509 Grand Street; and Jerome R. Donnelly, 2033 Eagle Avenue, a landlord. Councilmember Lucas expressed concern regarding the number of complaints that have been received regarding HOPE. She was also concerned that a client with an annual income of $30,000 received July 16, 1985 547 assistance through the program. Councilmember Lucas agreed there is a need for housing assistance services provided, but she stated that there are other organizations available and she did not believe the funds should be provided to HOPE. Councilmember Corica noted that Requests for Proposals (RFP's) had been sent to 12 organizations, and there was apparently no interest from other organizations. He stated the reason for this was likely because of the limited amount of funds available for the contract. He indicated a concern that the City may not be able to find another agency willing to provide the services offered by HOPE and inquired as to the City's requirement to offer these services. The City Attorney clarified that there is no general legal requirement to provide the services although the City may have a commitment to HUD. The Assistant City Manager confirmed that the City has this obligation under the Block Grant Program. Councilmember Corica requested clarification regarding a clause in the proposed grant agreement with HOPE regarding contact with landlords concerning Section 8 program rental opportunities. The Housing and Community Development Director explained that landlords who will accept existing Section 8 certificates are sought to replace landlords who drop out of the program. She emphasized that this does not involve new Section 8's but contract renewals only. Councilmember Monsef questioned efforts to find new landlords to become involved in the Section 8 program. The Housing and Community Development Director stated this is a service to tenants with Section 8 certificates who cannot find rentals where they can use the certificates and is an effort to educate landlords regarding the program. She reiterated that the program has nothing to do with increasing housing stock. Councilmember Hanna commented that the proposed grant agreement is more complete than any previous agreement the City has had with HOPE in that it provides for monitoring of HOPE activities. Councilmember Hanna moved for adoption of the resolution approving the agreement with HOPE, and President Diament seconded the motion. Councilmember Monsef indicated his concerns regarding the issues raised in connection with the quality of service and effectiveness of the organization. President Diament stated that there is always another side to the issues raised and that, overall, HOPE is doing an excellent job of helping Alamedans. Councilmember Corica stated that his main concern was upholding Measure A, and he wants to be certain the Community Development Department does not create a situation where additional units are being provided; however, he stated he would support approval of the contract with HOPE if no increase in Section 8 units will result. Councilmember Corica also expressed a desire that HOPE represent both tenants and landlords. July 16, 1985 548 The motion adopting the resolution carried by the following roll call vote: Ayes: Councilmembers Corica, Hanna and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None. UNFINISHED BUSINESS Consideration of appointment to the Planning Board. President Diament stated that she would not provide a nomination at this time. 85 -449 Councilmember Corica referred to an article in the local newspaper which stated that the Public Utilities Board had met and was going to retain a tree expert to set policy regarding tree trimming. Councilmember Corica clarified that Council had not agreed to do that but had voted at the last Council meeting to form a committee of representatives from the public utilities, the Public Works Department and concerned citizens who would view demonstrations of tree cutting and decide policy. He also noted that this was to have been accomplished within two weeks and that two weeks had elapsed. The Assistant City Manager reported that the Public Works Director, General Manager of the Bureau of Electricty and several people involved have met with residents of the 1200 and 1300 blocks of Bay Street. Councilmember Corica commented that he wished he had been apprised of the meeting in order that he may have attended. NEW BUSINESS 85 -450 Councilmember Corica objected to a joint dinner meeting between the San Leandro and Alameda City Councils; however, he stated he would participate if the meeting was noticed properly and open to the public. In response to Councilmember Lucas' inquiry to the City Attorney, the Attorney advised Council that such a meeting would have to be noticed. He acknowledged Councilmember Corica's concern that the type of meeting proposed would raise a practical question as to public attendance. ORAL COMMUNICATIONS, GENERAL 85 -451 Genevieve Wagner, 333 Willow Street, addressed Council on behalf of an organization she has formed, "Beaten and Battered Youngsters" (BABY), and urged Council's support. Ms. Wagner described her efforts in attempting to receive support for her cause. President Diament stated that she would try to arrange meetings between Ms. Wagner and representatives of groups that may be able to provide assistance. Councilmember Lucas suggested that this may be a matter of interest for the Social Services Human Relations Board. Councilmember Lucas also suggested that statistics regarding this problem in Alameda be obtained through the Police Department and Alameda Hospital. July 16, 1985 549 ADJOURNMENT There being no further business to come before the Council, President Diament adjourned the meeting at 11:55 p.m. The next regular Council meeting scheduled for August 6, 1985. Respectfully submitted, • r Diathe B. Felsch City Clerk July 16, 1985