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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