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1983-12-20 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY DECEMBER 20, 1983 The meeting convened at 7:40 p.m. (at the conclusion of the Community Improvement Commission Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Gorman. The Invocation was given by Rev. Doug Henderson, Twin Towers Methodist Church. ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. MINUTES Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the Minutes of the Regular Council Meeting of November 15, 1983, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR President Diament announced that the ordinance relating to extended parking and sleeping in cars would be withdrawn from the Consent Calendar for discussion later in the meeting. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the following items on the Consent Calendar be adopted; the motion carried by the followinc vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *83 -621 From Finance Director submitting Investment Portfolio as of November 30, 1983. Accepted. *83 -622 From Finance Director submitting 1982 -83 Audited Financial Statements. Accepted. *83 -623 From Public Works Director recommending approval of application for a Dredging Permit from the East Bay Municipal Utility District in the U.S. Tidal Canal. (Between Oak Street in Alameda and 29th Avenue in Oakland) Approved. *83 -624 From Public Works Director recommending acceptance of work by J. H. Fitzmaurice for the City of Alameda /Aeolian Yacht Club Shoreline Development Project, No. P.W. 3 -83 -5. Approved. *83 -625 From Public Works Director recommending acceptance of work by M. F. Maher for construction of Wheelchair Ramps, P.W. 5 -83 -9. Approved. RESOLUTIONS *83 -62.5a Resolution No. 10219 "Authorizing the execution of a contract with Floyd H. Hyde Associates to prepare an Urban Development Action Grant (UDAG) Application on behalf of Alameda Gateway, Ltd." Adopted. December 20, 1983 INTRODUCTION OF ORDINANCES *83 -626 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending Section 17 -632 (b) of Article 3, Chapter 6, Title XVII thereof, relating to human habitation in defined vehicles prohibited in public places." Passed to print. *83 -627 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending Section 15 -6210 thereof relating to rates for collection of garbage and refuse and prescribing method of collection." Passed to print. FINAL PASSAGE OF ORDINANCES *83 -628 Ordinance No. 2169, New Series "An ordinance to amend Section 3 -1014 of Article 1, Chapter 10, Title III, and Section 3 -1 -21 (b) of Article 2, Chapter 10, Title III of the Alameda Municipal Code relating to Sales and Use Tax administered by the State Board of Equalization." (effective immediately). Finally adopted. *83 -629 Ordinance No. 2170, New Series "Authorizing execution of lease between the City of Alameda, Alameda Unified School District, and Alameda Swimming Pool Association relating to the Alameda and Encinal Swim Centers." Finally adopted. BILLS *83 -630 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S1,307,882.85. RETURN TO REGULAR AGENDA President Diament stated that the resolution appointing a Commissioner to the Housing Authority would be considered at this time. RESOLUTIONS 83 -631 Resolution No. 10220 "Appointing Joy F. Johnson a Commissioner of the Housing Authority of the City of Alameda." Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. The Clerk administered the Oath of Office to Ms. Johnson. SPECIAL ORDERS OF THE DAY 83 -632 Presentation by Revan Tranter, Association of Bay Area Governments, regarding credit pooling. Mr. Tranter stated that the program saved money as legal, financial advisor, and other costs could be shared. He presented Mayor Diament a plaque for the City's participation in the program. WRITTEN COMMUNICATIONS 83 -633 From Warren W. Wildman, 1024 Fontant Drive, expressing concern regarding trees blown down due to trenching and trenches left open relative to Cable Televison installation. December 20, 1983 Councilmember Hanna recommended that staff investigate whether the contractor had used reasonable care in trenching near the trees, and if the inspector determines there was negligence involved that the contractor be required to replace the trees with the 15- gallon size. It was the consensus of Council that the recommendation be followed. 83 -634 From Flora Olsen, 600 Rock Isle, regarding installation of metal boxes for the Cable Television System. President Diament stated that the City Attorney had spoken to Ms. Olsen and attempted to answer her legal concerns. Councilmember Gorman made a motion to accept the communication and direct City Attorney to write Ms. Olsen a letter restating the City's position and inform her if she is not satisfied, she has the right to private action. A discussion ensued, and the motion was not seconded. Councilmember Lucas stated that a letter would not be the answer to the problem and suggested the Council form a Committee to investigate objections when a box is to be installed. The City Manager stated that United Cable and staff have initiated discussions with property owners to attempt to solve the problems. Terry Soley, United Cable, stated that there are only two or three property owners with whom they have not been able to successfully resolve the problem. Councilmember Lucas stated that she was satisfied and would withdraw her suggestion to form a Committee. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the communication be accepted and staff directed to express the consensus of Council that reasonable efforts have been made to resolve the problem; the motion carried by unanimous voice vote - 5. Mary Sellers, 3010 Thompson, expressed concern that property owners are paying taxes on land set aside for easements for cable installation. HEARINGS 83 -635 Hearing regarding proposed Alameda County Vector Control Benefit Assessment District. President Diament explained procedures to be used in the hearing, and on the call for proponents, Robert Castell, Alameda County, spoke in support of the District and recommended approval of the applicable resolution. On the call for opponents, there were no speakers. Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the hearing be closed and the resolution considered at this time; the motion carried by unanimous voice vote - 5. December 20, 1983 RESOLUTIONS 83 -636 Resolution No. 10221 "Consenting to inclusion of the territory of the City in the formation of the County Service Area to be established for the provision of a Vector Control Program." Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. HEARINGS 83 -637 Hearing regarding proposed amendment to the Alameda Municipal Code to permit maintenance of residential uses with a Use Permit in Commercial and Industrial Zoning Districts. The Planning Director stated that the Planning Board had initiated the proposed amendment in response to requests of a number of homeowners. He noted expansion is not permitted where a residence is the sole use on the property in Commercial and Industrial Zoning Districts, and a Use Permit would be required in every instance. President Diament explained the procedures to be used in the hearing, and on the call for proponents, there were no speakers. On the call for opponents, Fred Scullin, 1120 Chestnut Street, stated he felt there would be friction between residential and industrial uses. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the hearing be closed and the applicable ordinance be discussed; the motion carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 83 -638 Ordinance No. , New Series "Amending Title XI of the Alameda Municipal Code to permit residential uses with a Use Permit in any Commercial or Industrial Zoning District." In response to inquiry, the City Attorney stated that the phrase "will be located on the second floor or above and" in Section 1 (a) was superfluous and recommended deletion. Councilmember Monsef expressed his concern that additional units would be added. Councilmember Lucas expressed concern that family units would be above commercial uses and that subsidized housing might be located in the Webster Street area. Councilmember Gorman made a motion, seconded by Councilmember Hanna, to delete the superfluous language as recommended by the City Attorney and introduce the ordinance; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None. December 20, 1983 HEARINGS 83 -639 Hearing concerning abatement of nuisances, five dilapidated buildings or structures situated at the Ratto Farm on Bay Farm Island. The Public Works Director stated that the homeowners' association had requested the City eliminate a potential fire hazard on the Ratto Farm on Bay Farm Island, and upon investigation, the Fire Department determined there was a problem with the dilapidated buildings. He noted that the property had been posted and the property owners notified of the hearing. President Diament explained the procedures to be used in the hearing. On the call for proponents, John Barni, Jr., 1277 Bay Street, stated he was representing some of the property owners, and they were not opposed to removal of the buildings but would like the benefit of a competitive bid process. He requested the Council allow an additional 30 days and possibly the owners would remove the weeds themselves. John Ratto, 2718 Las Aromas, Oakland, spoke in support of Mr. Barni's statement. On the call for opponents, there were no speakers. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the hearing be closed and the applicable resolution considered at this time; the motion carried by unanimous voice vote - 5. RESOLUTIONS 83 -640 Resolution No. 10222 "Declaring structures located at Ratto Farm on Bay Farm Island public nuisances, directing owners thereof to abate same by reconstruction, repair or razing and notifying owners if not abated, City Building Inspector will raze or remove said structures and cause expenses thereof to be made liens on real properties from which they were removed." Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the reso- lution be adopted and the Public Works Director authorized to grant an additional 30 -day period as requested by the owners; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS 83 -641 From City Manager regarding purchase of word processing equipment. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the report be accepted and the recommendation to purchase word processing equipment approved; the motion carried by unanimous voice vote - 5. RESOLUTIONS 83 -642 "Adopting Plans and Specifications for reconstruction of Brush Street east of Third Street, calling for bids and directing City Clerk to advertise same." (P.W. No. 11- 83 -19) Councilmember Hanna pointed out that Community Development Block Grant Funds should be restricted to the City's portion, School District's portion, and property owners who do not qualify for assessment assistance. December 20, 1983 Councilmember Monsef made a motion, seconded by Councilmember Hanna, that the resolu- tion be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES 83 -643 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending Article 1, Chapter 1, Title VII, and Article 1, Chapter 2, Title XIII, thereof, relating to motor vehicle carriers and permits." The following persons spoke in opposition to the ordinance and expressed concerns relative to elimination of the requirement for public hearings, deletion of require- ment to show financial responsibility, that the ordinance deregulates the taxi cabs, safety of vehicles, and that all carriers to not carry Workers' Compensation Insurance: Lance Hopkins, Goodwill Cab Company Gary Coppin, Goodwill Cab Company Carol Hopkins, Goodwill Cab Company Charles McGlinchey, Goodwill Cab Frank McCormick, 1415 Santa Clara Avenue Company James Kennedy, Attorney for Goodwill Cab Company, spoke in support of their position and distributed information prepared by Paratransit Service Authority. In response to inquiry of Councilmember Lucas, the City Attorney stated that the State requires taxi cab companies to carry Workers' Compensation Insurance and suggested the City not give itself the ministerial duty of requiring and enforcing it. Councilmember Monsef inquired regarding the S25 fine for operating without a permit, and the City Attorney stated he would investigate whether it is in the City's cita- tion ordinance. Councilmember Hanna made a motion, seconded by Councilmember Lucas, to hold the matter over so the Council has an opportunity to review the material distributed this evening. Councilmember Gorman requested an estimate of additional expense to City to obtain financial statements and determine financial responsibility for applicants and to address adequacy of current service and parking and traffic considerations for each permit. Councilmember Lucas requested the City Attorney provide an opinion as to whether there are anti -trust concerns. Councilmember requested staff to investigate points brought up by the speakers and address possible inclusion in the ordinance. The motion carried by unanimous voice vote - 5. Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the meeting time be extended to 11:15 p.m. The motion carried by unanimous voice vote - 5. President Diament stated that the ordinance regarding extended parking and sleeping in cars would be considered at this time. 83 -644 Ordinance No. , New Series "Amending the Alameda Municipal Code by adding Section 17 -352 to Article 5, Chapter 3, Title XVII thereof, relating to over -night and extended parking and sleeping in cars." December 20, 1983 President Diament expressed concern about passing such an ordinance at this time as many people are homeless and recommended the matter be referred to the Social Service Human Relations Board. Councilmember Gorman made a motion that the matter be referred as recommended; the motion FAILED for lack of a second. Councilmember Lucas stated that she had requested the ordinance as some people are sleeping in cars for several weeks at a time, and it makes the neighborhood feel insecure. Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the ordinance be introduced; the motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas, and Monsef - 3. Noes: Councilmember Gorman and President Diament - 2. Fred Scullin, 1120 Chestnut Street, spoke in opposition to the ordinance stating that it would be difficult to enforce, and persons who are tired or have had too much to drink might need to sleep for a while. FINAL PASSAGE OF ORDINANCES 83 -645 Ordinance No. 2171, New Series "Authorizing execution of Tidelands Trust Leases with East Shore property owners." Joseph Sullivan, 3221 Liberty Avenue, recommended that leases be limited to five or ten years. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the ordinance be introduced; the motion carried by the following vote: Ayes: Councilmembe Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 83 -646 Consideration of appointment of one Senior Tenant Commissioner to the Housing Authority. President Diament nominated Edward K. Earle for appointment to the Housing Authority. The nomination was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. 83 -647 Consideration of appointment of one Member to the Planning Board. President Diament nominated Jessica W. Persoff for appointment to the Planning Board. Councilmember Gorman stated that he would abstain as he would like to meet and talk to her prior to making a commitment. The nomination was seconded by Councilmember Monsef and carried by the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef, and President Diament - 4. Noes: None. Abstaining: Councilmember Gorman - 1. Absent: None. Councilmember Gorman made a motion, seconded by Councilmember Hanna, to continue the meeting to 11:30 p.m. The motion carried by unanimous voice vote - 5. December 20, 1983 83 -648 President Diament requested staff to agendize an item relative to regulations for scheduling street sweeping, such as requiring a street to be cleared of vehicles certain hours to facilitate sweeping activities. 83 -649 President Diament requested the matter of timing of signal lights on Park Street for progressive through traffic be referred to the Traffic Advisory Committee. 83 -650 Councilmember Lucas stated that the traffic signal lights at the intersection of Atlantic Avenue and Webster Street favor Atlantic Avenue,and Webster Street traffic must wait too long and requested staff to investigate. 83 -651 Councilmember Hanna requested the Public Works Director to investigate the broken driveway at 2445 Santa Clara Avenue. FILING 83 -652 Plans and Specifications for reconstruction of Brush Street east of Third Street. Agreement with Floyd H. Hyde Associates to prepare Urban Development Grant Application on behalf of Alameda Gateway, Ltd. ORAL COMMUNICATIONS, GENERAL 83 -653 Fred Scullin, 1120 Chestnut Street, stated he wished to point out that the Cable Television System was to have been completed by September 6, 1983, and United Cable was to pay $1,000 per day penalty which means that since 100 days have elapsed, S100,000 would be owed to the City. ADJOURNMENT 83 -654 Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the Council adjourn to an Executive Session for discussion of personnel and litigation matters; the motion carried by unanimous voice vote - 5. At the conclusion of discussion, it was determined that no action would be taken at this time. There being no further business to come before the Council, the meeting adjourned at 11:40 p.m. The next regular meeting will be Tuesday, January 3, 1984, at 7:30 p.m. Respectively submitted, DEEN SPEEGLE City Clerk December 20, 1983