1985-09-03 Regular CC Minutes57
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY SEPTEMBER 3, 1985
The meeting convened at 7:50 p.m. (at the conclusion of the Housing
Authority meeting) with President Diament presiding. The Pledge of
Allegiance was led by Councilmember Corica. Reverend John Foley,
Court Street Methodist Church, gave the Invocation.
ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and
President Diament - 5.
Absent: None.
CONSENT CALENDAR
7
Councilmember Lucas moved for adoption of the Consent Calendar, with
the exception of a resolution adopting plans and specifications for
repair of Portland Cement Concrete walk, curb, gutter and driveway for
fiscal year ending June 30, 1986, calling for bids and directing City
Clerk to advertise same. Councilmember Monsef seconded the motion,
which carried by unanimous voice vote - 5. The item removed from the
Consent Calendar was transferred to the regular agenda under the
category of "Resolutions" (see Paragraph 85-538).
Items so enacted or adopted are indicated by an asterisk (*).
REPORTS AND RECOMMENDATIONS
*85-514 From Public Works Director on Fuel Efficient Traffic
Signal Management Program. Approved.
*85-515 From Public Works Director on Comprehensive Traffic
Engineering and Safety Study. Approved.
*85-516 From Public Works Director reporting on the status of
State-mandated Fire Safety and Exit Program, Title 24, Article 7, of
California Administrative Code. Approved.
RESOLUTIONS
*85-517 Resolution No. 10718 "Authorizing extension of personal
service agreement for engineering inspection services." Adopted.
*85-518 Resolution No. 10719 "Authorizing execution of agreement
with taxicab companies to provide transportation to City of Alameda
elderly and handicapped Taxi Scrip Program participants." Adopted.
INTRODUCTION OF ORDINANCES
*85-519 Ordinance No. 2245, N.S. "Amending the Alameda
Municipal Code by amending Section 7-1112 thereof relative to public
motor vehicle insurance requirements." (Emergency.) Introduced and
adopted.
*85-520 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by amending Section 17-333 thereof to establish "no parking"
zones on Fortmann Way and the driveway to the Animal Shelter."
Introduced.
September 3, 1985
578
*85-521 Ordinance No. N.S. "Amending the Alameda Municipal
Code by amending Section 17-333 thereof to modify a "no parking" zone
on the north side of Brush Street between Third Street and Main
Street." Introduced.
FINAL PASSAGE OF ORDINANCES
*85-522 Ordinance No. 2246, N.S. "Authorizing Grant of Easement
to Pacific Bell for placement of an electronic equipment closure on
City Golf Course property." Finally adopted.
BILLS
*85-523 A List of Claims, certified by the City Manager as correct,
was approved in the amount of $1,463,509.52.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
85-524 From Ken and Linda Melvin, 934 Park Street, regarding
neighborhood complaints.
President Diament stated that staff has worked closely with Park
Street residents in an effort to resolve the list of concerns
submitted.
In response to an inquiry from Councilmember Lucas, the Public Works
Director stated that a bicycle lane on Park Street would not be a
viable solution due to traffic congestion in that area.
Councilmember Lucas was concerned regarding the pedestrian/bicycle
conflicts on sidewalks. She was also concerned regarding potential
physical confrontation between residents and those causing
neighborhood problems.
Councilmember Corica noted that the Police Chief and Public Works
Director are aware of the problems and are striving to resolve
residents' concerns.
Councilmember Corica moved that Council accept the communication and
direct staff to meet with interested Park Street residents to discuss
possible solutions to the problems. Councilmember Lucas seconded the
motion, which carried by unanimous voice vote - 5.
85-525 From Mayor Don McMillen, City of El Monte, urging support
of SB 969, which authorizes but does not obligate a City to pay
punitive damages on behalf of public employees.
The City Attorney advised against supporting this Senate Bill, which
he stated could increase claims against the City.
Councilmember Lucas moved for acceptance of the communication
(without action), and Councilmember Hanna seconded the motion, which
carried by unanimous voice vote - 5.
85-526 From Gertrude M. Haas, 3018 Linda Vista, expressing
concern regarding Harbor Bay Business Parkway realignment and the
proposed expansion of Harbor Bay Business Park.
September 3, 1985
579
85-527 From John Mottoros, 2987 Via Bahia, expressing concern
regarding Harbor Bay Parkway realignment and the proposed expansion of
Harbor Bay Business Park.
The above items, which represented identical letters, were considered
jointly by the Council.
Fred Scullin, 1120 Chestnut Street, stated the following concerns:
(1) The two large maps made available at the time the Planning Board
considered this matter were not available for public review on the
afternoon of the Planning Board meeting. (2) A parcel map which sets
the boundaries has already been filed; thus, widening the median
strip as proposed by the developer would require a modified map. (3)
The tract reportedly shows the boundary line between Oakland and
Alameda as being entirely on land when, in fact, it is entirely in
water. (4) Very little has been done on the road and the curb has not
been surveyed as evidenced by the lack of survey stakes.
The Public Works Director explained that no construction stakes have
been placed for the roadway alignment because the compaction has not
yet been completed. The Public Works Director referred to the
necessity to proceed as soon as possible to ensure that the EDA
deadlines are met. He stated that the developer would be
requested to resubmit changes that have been requested and approved
by the Planning Board to Council for review. Changes do include a
proposed wider median, and the City Manager stated that the Tentative
Map would have to come back to Council.
President Diament noted that the subject letters were identical to
ones discussed thoroughly at the previous City Council meeting. The
City Manager emphasized that the letters do not relate to the issue
raised as addressed by the Public Works Director.
Councilmember Corica suggested that the Planning Director notify all
interested parties of the Planning Board hearing date for the matter.
Councilmember Monsef made a motion, seconded by Councilmember Lucas,
to accept the communication. The motion carried by unanimous voice
vote - 5.
85-528 From Robert Lim, 1117 Rosewood Way, objecting to traffic
obstruction in connection with the "Run for the Parks".
President Diament commented that the City has endeavored to make this
run as successful possible with the least disruption to residents.
She stated that the Recreation and Parks Director had forwarded a
letter to Mr. Lim in response to his complaints.
Councilmember Lucas stated that she was satisfied with staff's
response and believes that the City is making a serious effort to
minimize inconvenience to citizens. Councilmember Lucas moved that
the communication be accepted, and Councilmember Corica seconded the
motion. The motion carried by unanimous voice vote - 5.
September 3, 1985
REPORTS AND RECOMMENDATIONS
85-529 From President of the Social Service Human Relations Board
Board recommending reduction of the size of the Board and placing
Charter Amendment on the next Municipal Election ballot.
The following individuals spoke in support of the Social Service Human
Relations Board's request to reduce Board members from nine to five:
Lou Baca, 886 Cedar, former Board Member; and
Susan Foulkes, 2005-A Alameda Avenue, current SSHRB member.
Councilmember Hanna moved that Council accept the recommendation and
direct staff to proceed with steps necessary to place an appropriate
Charter measure on the ballot at the next Municipal Election. The
motion was seconded by Councilmember Lucas and carried by unanimous
voice vote - 5.
85-530 From Community Development Director reporting status of
activities regarding vacant and underutilized commercial properties.
Councilmember Corica expressed concern regarding the proposed policy
which would allow the City to require private property owners to make
specific changes to their property, particularly when there are no
code violations.
The City Manager responded that the use of eminent domain is based
upon public purpose and centers around whether or not there is
sufficient public purpose in revitalizing certain business districts.
The City Attorney stated the matter would require a new and
sophisticated Zoning Ordinance amendment. The Attorney added that if
the City was unsuccessful in bringing an owner and a developer
together to improve vacant structures, perhaps the City could force a
sale through condemnation.
Councilmember Hanna noted that this issue was precipitated by two
buildings in the City located at the northwest corner of Pacific
Avenue and Park Street and 1217 Lincoln Avenue. Councilmember Hanna
commented that the buildings blight the neighborhoods and are not in
the public interest.
Councilmember Lucas stated she supported Councilmember Hanna on this
matter and the Zoning Ordinance amendment approach. Councilmember
Lucas suggested that the proposed amendment address the exterior
appearance and productivity of buildings.
Councilmember Hanna made a motion, seconded by Councilmember Monsef,
that staff undertake a serious effort towards creating more
compatible, productive uses for vacant buildings located in commercial
areas. The motion carried by the following vote: Ayes:
Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5.
Noes: None. Absent: None.
September 3, 1985
581
85-531 From Housing Authority Executive Director regarding
waiver of payment in lieu of taxes.
President Diament explained that this item was in conjunction with
the action taken earlier this evening under the Housing Authority
agenda.
It was moved by Councilmember Corica, and seconded by Councilmember
Lucas, that the report and recommendation be accepted. The motion
carried by unanimous voice vote - 5.
RESOLUTIONS
85-532 Resolution No. 10720 "Supporting Assembly Constitution
Amendment 32 declaring public employee strikes to be illegal."
(Placed on the agenda at the request of Councilmember Hanna.)
The following speakers expressed opposition to adoption of the
proposed resolution:
Charles Tillman, 2415 Roosevelt Drive;
Steve Robesa, representing the California State Employees Association;
Dan Nishijima, 984 Hawthorn Drive, Lafayette; and
Fred Scullin, 1120 Chestnut Street.
Councilmember Hanna expressed concern that strikes by public
employees may affect the health and safety of the community.
Councilmember Corica indicated that only one side of the issue may
have been made available to Council, and he did not believe Council
should adopt the resolution.
Councilmember Monsef concurred with Councilmember Hanna and added that
he believes the public is entitled to uninterrupted service. He
recommended that the resolution be adopted in an effort to get the
matter on the ballot for public consideration.
Councilmember Corica commented that he was not against letting the
people have an opportunity to vote on the matter, but he believed that
an initiative petition should be circulated to obtain support for
placing the measure on the ballot.
It was moved by Councilmember Hanna, and seconded by Councilmember
Lucas, that the resolution be adopted. The resolution was adopted by
the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef and
President Diament - 4. Noes: Councilmember Corica - 1. Absent:
None.
85-533 Resolution No. 10721 "Approving Plans and Specifications
for renovation of the Krusi Park "Tot Lot", calling for bids and
directing City Clerk to advertise same."
Councilmember Hanna moved, and Councilmember Corica seconded the
motion, 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.
September 3, 1985
85-534 Resolution No. 10722 "Authorizing execution of an
agreement with the Navy Public Works Center for a Military Housing
Study."
Commander Larry Koch, Naval Air Station, expressed appreciation to
Council for considering this matter. He addressed the need for naval
housing, stating that the Navy is currently meeting only approximately
36 percent of the demand for housing.
In response to Council inquiries, the City Manager explained that
Alameda is one of the few communities that has implemented a scattered
site rehabilitation program, which is the main approach contemplated
in the proposed study. It is the Navy's opinion that Alameda
possesses the capacity to make this type of program work.
Councilmember Corica stated that he understood the reasoning for
scattered sites, but he expressed concern that this program not be
used as a means of creating additional units. He also suggested that
it may be appropriate for other communities in the proximity of the
Naval Air Station to participate in a housing program that would
benefit Navy personnel.
President Diament responded that the County is attempting to arrange
some exchange of land for this purpose, and it is not intended that
all such housing should be provided in Alameda. It was suggested
that the plan be studied as a way of assisting the Navy.
In response to inquiries from Councilmember Lucas, the Community
Development Director explained that the purpose of the study would be
to evaluate whether this approach would work and be affordable to
military families. The City's previous experience with the scattered
site rehabilitation program would be used to estimate construction
and rent costs to determine the feasibility of such a program for the
Navy.
The City Manager added that this study would be utilized as a national
model for similar communities adjacent to naval bases. He stated that
the question of how many units would be created, as raised by
Councilmember Lucas, would be a decision Council would make at a
later date if the Council chooses to proceed with such a program.
He also noted that any units generated would be included as part of
the City's Housing Assistance Plan, which the City is obligated to
submit every three years.
Councilmember Corica voiced his support for the Navy but expressed
concern that Measure A should not be challenged as a result of the
program. He suggested that private developers become involved in
contributing rental units as part of their developments.
Councilmember Monsef stated that Alameda cannot facilitate every
housing need of the military. He doubted that the program would work
in other cities.
Councilmember Hanna questioned if it would be possible to restrict
units for use by military personnel only. The Community Development
Director indicated that the study would address this issue, and the
number of years that units funded by the military would be required to
be restricted to their use.
September 3, 1985
583
Councilmember Lucas observed that Alameda is a densely populated
community with a high percentage of rental housing (60 percent).
She stated she has also been concerned with the quality of units that
have been constructed under the City's program.
President Diament commented that she believes Alameda has been
greatly improved by the program.
Councilmember Corica requested that the City Attorney and/or City
Manager determine means by which developers could be required to
participate in the program.
It was moved by Councilmember Hanna, and seconded by
Diament, that the resolution be adopted. The motion
following vote: Ayes: Councilmembers Corica, Hanna
Diament - 3. Noes: Councilmembers Lucas and Monsef
None.
President
carried by the
and President
- 2. Absent:
Council recessed briefly at this time.
85-535 Resolution No. 10723 "Adopting Plans and Specifications
for painting hallways of the City Hall, calling for bids and directing
City Clerk to advertise same."
President Diament commented that the Historical Advisory Commission
had approved plans, and approval was being awaited from the State
Office of Historical Preservation.
Councilmember Lucas inquired if the colors were recommended by
Ratcliff Associates. The City Manager stated that these were not the
original colors recommended, but the color scheme had been revised
based on discussions with the Historical Advisory Commission and has
been approved by both the Commission and Ratcliff Associates.
Councilmember Monsef moved for adoption of the resolution, and the
motion was seconded by Councilmember Lucas. The motion carried by the
following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef
and President Diament - 5. Noes: None. Absent: None.
85-536 Resolution No. 10724 "Clarifying policing responsi-
bilities on South Shore Beach and Robert Crown Memorial State
Park."
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.
85-537 Resolution No. 10725 "Amending administrative procedures
for processing development projects, environmental impact reports, and
selecting consultants to prepare EIRs for the City."
The City Manager indicated that staff has reviewed the proposed
changes and found them to be administratively workable.
In response to inquiry from Councilmember Lucas, the City Attorney
confirmed that the changes are required by law.
September 3, 1985
584
It was moved by Councilmember Lucas, and seconded by Councilmember
Hanna, 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. _
The following item was removed from the Consent Calendar for
consideration at this time:
85-538 Resolution No. 10726 "Adopting plans and specifications
for repair of Portland Cement Concrete walk, curb, gutter and
driveway for fiscal year ending June 30, 1986, calling for bids and
directing City Clerk to advertise same."
Edwin Harrison, 2933 Gibbons Drive, representing Fernside Homeowners
Association, inquired as to the status of Gibbons Drive sidewalk
repairs and the funding available for these repairs.
The Public Works Director explained that it was intended to repair
Gibbons Drive sidewalks when residents raised concerns regarding
possible damage to street trees by root trimming. As these concerns
have resulted in the formation of a citizens' tree advisory
committee, it was decided that repairs would be postponed until a
satisfactory solution to residents' concerns can be reached.
Interlocking pavement bricks, a proposed solution for Gibbons Drive
sidewalks, have been included as a bid alternate in connection with
the call for bids. This will provide necessary information
concerning the costs involved.
Mr. Harrison stated that he was seeking to determine when the repairs
on Gibbons Drive may be effected so that he can respond to residents'
inquiries. Council concurred that no decision should be made until
such time as bids are received and the committee has had an
opportunity to review the matter.
Fred Scullin, 1120 Chestnut Street, questioned that it was appropriate
to call for bids at this time when the scope of Gibbons Drive work has
not yet been determined. The Public Works Director explained that the
work being sent to bid involves City-wide sidewalk repairs for the
current fiscal year.
It was moved by Councilmember Lucas, 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.
NEW BUSINESS
85-539 Councilmember Hanna suggested that in the future a less
cumbersome warrant document be provided to Council for review.
The City Manager stated a report regarding Council bills will be
submitted.
ORAL COMMUNICATIONS
85-540 Kenneth Melvin, 934 Park Street, addressed Council
regarding various problems experienced by Park Street residents, and
questioned whether City staff could provide solutions to the problems.
September 3, 1985
�t5
85 -541 Harold Griego, 930 Park Street, expressed concern
regarding truck traffic on Park Street. Councilmember Hanna suggested
a publication entitled "Trucks" be contacted and provided with the
City's truck routes. President Diament requested that the City
Manager bring the matter of enforcement of City traffic regulations to
the attention of the Police Department.
85 -542 Kathleen Buteyn, 938 Park Street, complained about trash on
Park Street, and requested that the City place more receptacles in the
the area. The City Manager stated the City would contact the AM -PM
business located at Park Street and Encinal Avenue and request
assistance from them regarding the matter.
ADJOURNMENT
There being no further business to come before the Council, President
Diament adjourned the meeting at 10:15 p.m. to an executive session
regarding Frazier versus the City of Alameda. The next regular
Council meeting was scheduled for September 17, 1985.
Respectfully submitted,
Diane B. Felsch
City Clerk
September 3, 1985