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1981-02-03 MinutesSPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY FEBRUARY 3, 1981 The meeting convened at 6:45 p.m. with President Corica presiding. The purpose of the Special Meeting was for an Executive Session to discuss litigation matters. With consent of Council, President Corica ordered the meeting adjourned to Executive Session. 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 meeting, the Council adjourned the Special Meeting at 7:30 p.m. Respectfully submitted, DEEN SPEEGL City Clerk February 3, 1981 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY FEBRUARY 3, 1981 The meeting convened at 7 :30 p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Sherratt. The Invocation was given by Rev. Larry Nelson, Trinity Lutheran Church. ROLL CALL Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES Councilman Sherratt made a motion, seconded by Councilman Diament, that the Minutes of the Regular Council Meeting of December 16, 1980, and the Special Council Meeting of December 23, 1980, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR President Corica noted that a request had been made to withdraw the ordinance rezoning property on Pope and Webster Streets from the Consent Calendar for discussion later in the meeting. Councilman Diament made a motion, seconded by Councilman Sherratt, that the following remaining items on the Consent Calendar be adopted; the motion carried by the following roll call vote: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. Items so enacted, approved, or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *81 -088 From Assistant Purchasing Agent recommending approval of purchase of Triplex Mower, $6,983.92, and Greenaire Mower, $5,210.20, from Westoro Distributors on the open market for the Golf Course. Approved. *81 -089 From Acting City Engineer recommending that an extension of time of one year to February 6, 1982, be granted to Warmington Development, Inc., to complete improvements in Tract 3841, Sand Piper Cove, Village 3. Approved. FINAL PASSAGE OF ORDINANCES *81 -090 Ordinance No. 2034, New Series "Amending the Alameda Municipal Code by establishing permit fees for taxi cab companies." Adopted. *81 -091 Ordinance No. 2035, New Series "Amending Section 17 -333 of the Alameda Municipal Code relating to prohibited parking on Webster Street north of Atlantic Avenue and portions of Mariner Square Drive and Mariner Square Loop." Adopted. *81 -092 Ordinance No. 2036, New Series "Authorizing the Northern California Power Agency to issue revenue notes." Adopted. BILLS *81 -093 An Itemized List of Claims, certified by the City Manager as correct was approved in the amount of 576,787.67. February 3, 1981 FILING +81-094 Affidavit of City Manager and Chief of Police that all monies expended out of Police Secret Fund from January 1, 1980, to December 31, 1980, have been expended as provided by Section 17-11 of Charter of City of Alameda. Bureau of Electricity Financial and Operating Report for 5 months ended November 30, 1980. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 81-095 From L. E. Peters, 1003 Tahiti Lane, regarding night ba]lga0eS at Leydecker Park. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report from the President of Planning Board relating to Leydecker Park be considered in conjunction with the Written Communication; the motion carried by unanimous voice vote - 5. 81-096 From President of Planning Board recommending the Council and Recreation and Parks Commission consider and implement policies and actions which will resolve complaints and provide recreational needs at Leydecker Park. Mr. Peters spoke in opposition to night ballga08Sdt Leydecker Park and proposed that a long-range solution would be to have a ball park in an industrial area such as Tract 4500 and proposed a new league schedule as a short-term solution. Gratz Powers, 3122 El Portal, spoke in opposition to the situation at Leydecker Pdrk, President Corica read a report from the Director of Recreation and Parks which contained five recommendations to help alleviate the alleged problems caused by the softball games, dated January 15, 1981. After Council discussion, Councilman Stone made a motion, seconded by Councilman Diament, that the report be accepted and the five recommendations of the Director Of Recreation and Parks approved; the motion carried by unanimous voice vote - 5 81-097 From Jay Garfinkle, 3106 La Campania, relating to rate increases for collection of garbage. Mr. Garfinkle suggested that before new permanent garbage rates are established Staff investigate the following: 1) That profits be based on "cost of doing business" instead of based on gross revenues; 2) Review method of establishing rates; and 3) Have an independent Audit of Alameda City Disposal Company. Councilman Diament made a motion, seconded by Councilman Sherratt, that staff be directed to investigate the points brought up by Mr. Garfinkle prior to establishment of new permanent garbage rates; the motion carried by unanimous voice vote - 5. February 3, 1981 81 -098 Petition signed by 20 residents of Alameda regarding the proposed new street lighting program., Councilman Diament stated that this area should be considered in terms of the City's street lighting program as a whole. Councilman Sherratt noted that the City is in the process of trying to obtain an energy grant to install more efficient street lights. The City Manager stated that public hearings would be held prior to any changes. Neil Coe, 1027 Post Street, representing the petitioners, stated they would like to have an opportunity to have input prior to any Council action. Councilman Stone requested a report for the February 17, 1981, meeting relative to ownership and service of street lights of other cities under the Northern California Power Agency; i.e., City of Alameda owns lights and Bureau of Electricity services. 81 -099 From Daniel E. Cummins, Attorney for Encinal Terminals, expressing opposition to designation of Clement Avenue as a truck route. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report from City Manager concerning use of Clement and Buena Vista Avenues as truck routes be considered in conjunction with the communication; the motion carried by unanimous voice vote - 5. 81 -100 From City Manager submitting recommendations concerning use of Clement and Buena Vista Avenues as truck routes. Peter Wang, Encinal Terminals, spoke in support of the recommendation of the City Manager that Buena Vista be retained as a truck route and stated he would submit a report to the Council relating to truck traffic and economic impacts. The following persons spoke in support of retaining Buena Vista as a truck route: Daniel Cummins, Encinal Terminals Ronald Good, Crescent Wharf and Wholesale Company Raymond Cunan, Eagle Marine Service Thomas Warner, Del Monte Corporation Norman Stratford, Weyermeuser Company Tom Flemming, TAF Trucking Ricardo Aguilar, Cara Transportation Company John Crittendon, Chamber of Commerce Mike Gorman, 1318 Clinton Avenue Bob Brewer, 2045 Buena Vista Avenue, expressed his concern about excessive truck traffic on Buena Vista Avenue, parking problems on Clement, safety to school children and stated that Buena Vista Avenue did not qualify for a School Crossing Guard. Councilman Stone recommended that the striping changes recommended by the City Engineer in October be implemented. President Corica suggested that smaller rigs be encouraged to use Clement Avenue as the truckers had indicated there was difficulty in negotiating turns on Clement with larger trucks. He also requested that the Traffic Advisory Committee consider a School Crossing Guard on Buena Vista Avenue. February 3, 1981 Councilman Tillman requested information as to feasibility of trucks using a West /East approach on Clement Avenue. At the conclusion of discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, as follows: 1) That agreements arrived at by the Traffic Advisory Committee and outlined No. 1 and 2 in the report from City Engineer dated October 31, 1980 be approved; 2)directed smaller trucks be encouraged to utilize Clement Avenue; and 3) requested additional information regarding West /East turn approach; the motion carried by unanimous voice vote - 5. President Corica requested parking regulations be enforced on Clement Avenue as removal of big truck rigs would facilitate traffic. HEARINGS 81 -101 Hearing on the 7th Year Housing and Community Development Act Preliminary Application. The Community Development Director stated that the report relating to the hearing outlines preliminary project proposals, and the hearing is to solicit comments from the community. Josephine Bixler, member of Mayor's Committee for the Handicapped, spoke in support of continuing the program for curb cuts to aid accessibility for the handicapped. There being no other speakers, President Corica declared the public portion of the hearing closed and noted there would be an additional hearing on the matter February 17, 1981. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report submitted relating to the hearing be accepted; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 81 -102 From Chairman of Historical Advisory Commission recommending that the City support California Senate Concurrent Resolution No. 4. Councilman Sherratt made a motion, seconded by Councilman Stone, that the recom- mendation to support California Senate Concurrent Resolution No. 4 be approved and approval be transmitted to legislators as requested; the motion carried by unanimous voice vote - 5. 81 -103 From Chairman of the Golf Commission regarding "'courtesy" play at Municipal Golf Courses. Norma Arnerich, Chairman of the Golf Commission, summarized the report and policy as reaffirmed by the Golf Commission. Councilman Tillman suggested tabulations be kept of persons who are allowed free play and that free play as it related to employees of the Pro Shop be addressed when the contract is again considered. February 3, 1981 After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the recommendations of Golf Commission be accepted with exception that "courtesy" play not be allowed on weekends or holidays except for pros or other public relations events and directed tabulations be kept of persons who are allowed "courtesy" play and reports submitted to Council; the motion carried by unanimous voice vote - 5. 81 -104 From President of Library Board of Trustees recommending relocation of the Alameda Historical Society to the Mastick Senior Center. Ronald Curtis, President of Library Board, spoke in support of moving the Historical Society to the Mastick Senior Center and requested this be done as soon as possible. The City Manager stated he wished to submit recommendations regarding criteria for programmatic and financial analysis and would expect to have that completed by the end of February. Councilman Sherratt made a motion, seconded by Councilman Diament, that staff be directed to proceed along the lines recommended by the Library Board and noted it is desirable to locate the Historical Society in Mastick Senior Center; the motion carried by unanimous voice vote - 5. 81 -105 From Assistant City Manager regarding costs and time involved to staff City Boards and Commissions. Councilman Stone made a motion, seconded by Councilman Sherratt, that the report be accepted; the motion carried by unanimous voice vote - 5. Councilman Stone requested the report be included and considered during budget deliberations. 81 -106 From Director of Recreation and Parks recommending that the City Manager be authorized to award a contract in the open market for construction of the storm drain at the Mif Albright Par 3 Golf Course in an estimated amount of 528,248.00. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the report be accepted and the recommendation approved; the motion carried by unanimous voice vote - 5. 81 -107 From Director of Recreation and Parks recommending authorization to purchase irrigation material for the Mif Albright Par 3 Golf Course in the open market from Automatic Rain Company for the sum of S32,774.87. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and the recommendation approved; the motion carried by unanimous voice vote - 5. RESOLUTIONS 81 -108 Resolution No. "Approving amendment to Final Map of Subdivision known as Tract 3773 to establish Homeowner's Association responsibility for maintenance of Lot 4 in said Tract." February 3, 1981 Steve Bookspan, 109 Carob Lane, spoke in opposition to the resolution stating that it would be inequitable for a homeowners' association to pay for maintenance of a park that would be used by all. The following persons spoke in support of Mr. Bookspan's position: Charles McNeil, 101 Chinaberry Lane Joy von Perbandt, 170 Iverness Way Sylvia Cunningham, 12 San Harbor Walter Jacobs, 47 Steuben Bay Bruce Bercovich, 122 Seabridge B. Patakas,22 Avondale Landing Marc Desoen, 265 Cheswick Court Douglas Christison, 701 Baywood Road Several speakers who had signed up to speak declined to speak inasmuch as their points had been covered but expressed their support of Mr. Bookspan's position from the audience. The City Attorney stated he did not believe the provisions of the Final Map could be amended unilaterally but would require an agreement and a final contract. Jim Davis, Attorney for Harbor Bay Isle, spoke in support of the City Attorney's statement. President Corica stated he did not feel the homeowners' association should be re- quired to maintain the park but that he did not want to relieve the developer of responsibility in the future as he did not know what the developer might be asking in terms of restrictions or conditions. After considerable discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be rejected; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Stone, that City policy be that the homeowners' association not be designated to maintain the public shoreline park that is being constructed and that the City negotiate with East Bay Regional Park District for the maintenance; the motion carried by unanimous voice vote - 5. 81 -109 Resolution No. 9478 "Proposing an amendment to the Charter of the City of Alameda on petition signed by more than fifteen percent (15 %) of the voters who voted in the last Gubernatorial Election; calling a Special Municipal Election in the City of Alameda for the purpose of submitting to the electors thereof a proposal to amend said Charter viz: By adopting Section 28 -1 of a New Article XXVIII to be added thereto, to prohibit construction or reconstruction, widening or extension of any street in an existing residential district which can increase traffic capacity, noise or air pollution; fixing the date of said Special Election, the manner of holding same, and providing for notice thereof; and consolidating said Election with the General Municipal Election to be held in the City of Alameda on Tuesday, April 21, 1981." President Corica requested the City Attorney to give an opinion as to whether the proposal is illegal. The City Attorney stated since the measure has qualified, the specific issue would be whether it is proper subject matter, and matters which are not legislative for various reasons are not proper subject for initiative. He further stated he believed wording is such that it cannot be used in legislative fashion but as impediment to the Council's administrative function. February 3, 1981 President Corica stated that the people voted by a vast majority for the Fernside Extension and this would overturn that vote and that it would be detrimental in many ways. He further stated he felt it should be placed on the ballot as the required number of signatures were obtained even though he opposed the measure. Councilman Stone stated that the Council had adopted a General Plan for the City, and the proposed initiative would undermine the Council's authority to implement the General Plan. She further stated she would have liked clarification from the Attorney General and Legislative Council as to legality of the measure inasmuch as the City Attorney rendered an opinion that it is illegal. Russell Sisung, 221 Santa Clara Avenue, stated that as the people had worked to bring an initiative forward to amend the Charter, he felt it was their right. Ernie Hanna, 1406 High Street, spoke in opposition to the measure but agreed it should be placed on the ballot since it qualified. Gerald Partlow, 1723 High Street, spoke in support of Mr. Hanna's position. Councilman Diament stated she agreed with the City Attorney as to the legality of the measure. Councilman Sherratt stated that he opposed the measure and felt it would hamper the ability to do any street projects. Councilman Tillman stated he would vote "No" on the resolution as the voters had voted for the Fernside Extension in 1977 by a vote of 7,317 to 4,724. After considerable discussion, Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and President Corica - 4. Noes: Councilman Tillman - 1. Absent: None. Councilman Stone made a motion that the Council be polled as to their position in opposition to the measure. Councilman Sherratt stated he would second the motion as there is a question of the legality of the measure,and the Council's position should be stated for the record that they are opposed to the measure; the motion carried by unanimous voice vote - 5. 81 -111 Resolution No. 9479 "Proposing an amendment to the Charter of the City of Alameda on motion of the City Council; calling a Special Municipal Charter Amendment Election in the City of Alameda for the purpose of submtting to the electors thereof a proposal to amend said Charter by amending Section 22 -4 to delete section which forbids person convicted of a felony from ever holding an office or position with the City; fixing the date of said Election, the manner of holding same, and providing for notice thereof; and consolidating said Special Municipal Charter Amendment Election with the General Municipal Election to be held in said City on April 21, 1981." Fred Scullin, 1120 Chestnut Street, spoke in opposition to the proposed Charter amendment. The City Attorney stated that the sentence which the proposed amendment would delete from the Charter has been declared unconstitutional by a Federal Judge. February 3, 1981 Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes:� None. Absent: None. INTRODUCTION OF ORDINANCES 81-112 Ordinance No. , New Series "Amending the Alameda Municipal Code by Section 17-344.1 thereof relating to 24-minute parking limit on Union ' Street and Minturn Street." Helen Bignone, 1919 Minturn Street, spoke in opposition to the ordinance and requested some compromise be made in regard to the number of parking spaces to be included in the limitation. Councilman Tillman recommended the matter be held over to February 17, 1981, to obtain information regarding possibility of installing a lesser number of 24- minute parking spuces. With the consent of Council, President Corica so ordered. FINAL PASSAGE OF ORDINANCES 81-113 Ordinance No. 2037, New Series "Amending the Alameda Municipal Code by Section 17-432 thereof relating to installation of four-way stop signs ' at the intersection of Willow Street and San Jose Avenue. (Urgency ordinance) Councilman Diament made a motion, seconded by Councilman Sherratt, that the emergency ordinance be introduced and adopted; the motion carried by the follow- ing roll call vote: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. UNFINISHED BUSINESS President Corica stated that the ordinance regarding rezoning of property on Pope and Webster Street which had been withdrawn from Consent Calendar would be considered at this time. FINAL PASSAGE OF ORDINANCES 81-114 Ordinance No. 2039, New Series "Reclassifying and rezoning certain property in the City of Alameda by amending Zoning Ordinance No. 1277, New Series. (Applicant: Alameda Housing Authority, R-80-6\'n/2100 through 2400 Pope Street and 2100 through 2400 Webster Street) Aldo Ferrero, 776 Lincoln Avenue, spoke in opposition to placement of senior housing at that location. Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. February 3, 1981 NEW BUSINESS 81-115 Councilman Diament referred to several letters received regarding parking on Mecartney Road. The City Manager stated he would submit a report February 17, 1981. 81-116 Councilman Sherratt requested a report regarding signing for the Miller- Sweeney Bridge be prepared for the February 17, 1981, agenda. 81-117 Councilman Sherratt requested a report from the City Manager regarding investigations of the Ad-Hoc Efficiency Committee. ADJOURNMENT 81-118 Councilman Sherratt made a motion, seconded by Councilman Diament, that the Council adjourn to Executive Session for a 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 meeting, the Council adjourned at 11:45 p.m., to assemble in regular meeting on Tuesday, February 17, 1981, at 7:30 p.m. Respectfully submitted, DEEN SPEEGLE City Clerk February 3, 1981