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1982-06-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 15, 1982 The meeting convened at 7:30 p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Diament. The Invocation was given by President Corica. ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, Stone, 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 June 1, 1982, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilman Diament made a motion, seconded by Councilman Sherratt, that all items on the Consent Calendar be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Items so adopted or enacted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *82 -348 From Public Works Director recommending acceptance of the modification of traffic signal at Fernside Boulevard and High Street, recordation of the Notice of Completion and return of bond. (P.W. 10- 81 -10) Approved. *82 -349 From Public Works Director recommending extension of time from June 17, 1982, to June 24, 1982, for bid opening date for the Harbor Bay Parkway sanitary sewer pump station improvements, P.W. 5 -82 -5. Approved. RESOLUTIONS *82 -350 Resolution No. 9771 "Authorizing year -end transfers on the books of account of the City of Alameda." Adopted. *82 -351 Resolution No. 9772 "Appropriating all unallocated revenues and unanticipated revenues for the Fiscal Year 1981 -82 as a reserve for working capital." Adopted. *82 -352 Resolution No. 9773 "Providing for the amount per diem for officers and employees of the City of Alameda for traveling expenses." Adopted. *82 -353 Resolution No. 9774 "Establishing appropriation limit as required by Proposition No. 4 for 1982 -83." Adopted. *82 -354 Resolution No. 9775 "Accepting conveyance from Alameda Unified School District for a small wedge of property at the Lincoln School site." Adopted. *82 -355 Resolution No. 9776 "Authorizing execution of Amendment No. 1 to Rehabilita- tion Loan Program Operating Agreement between City and Security Pacific National Bank." Adopted. *82 -356 Resolution No. 9777 "Awarding contract for legal advertising for the City for the Fiscal Year 1982 -1983 to the Alameda Times -Star and authorizing execution thereof." Adopted. *82 -357 Resolution No. 9778 "Adopting Specifications, Special Provisions and Plans for minor street patching with asphalt concrete; for repair of Portland cement concrete sidewalk and driveway and for installation of house laterals, for the Fiscal Year ending 1982 -1983, calling for bids and directing City Clerk to advertise same." Adopted. *82 -358 Resolution No. 9779 "Adopting Plans and Specifications for parking lot resurfacing at City Hall /Police Administration Building, calling for bids and directing City Clerk to advertise same." Adopted. *82 -359 Resolution No. 9780 "Awarding contract to Valley Crest Landscape, Inc., for installation of automatic irrigation systems at Lincoln and Jackson Parks and authorizing execution thereof." Adopted. *82 -360 Resolution No. 9781 "Approving revised Joint Exercise of Powers Agreement for the Bay Area Library and Information System and authorizing execution thereof." Adopted. *82 -361 Resolution No. 9782 "Approving Parcel Map No. 3491 for division of property at 1616 Paru Street to create three condominium units, permitting re- cording thereof, and finding said Parcel Map consistent with the City's General Plan (Emmet D. Steed - Subdivider)." Adopted. *82 -362 Resolution No. 9783 "Authorizing execution of amended agreement with East Bay Municipal Utility District to provide water facilities for Harbor Bay Parkway. (Harbor Bay Isle Assessment District - 81 -2)." Adopted. *82 -363 Resolution No. 9784 "Authorizing City Manager to sell used mercury vapor street light luminaires to Unicorn Electrical Products, Anaheim, California." Adopted. INTRODUCTION OF ORDINANCES *82 -364 Ordinance No. , New Series "Amending Chapter 5 of Title XVII of the Alameda Municipal Code relating to transportation of hazardous materials through the Posey Tube and Webster Street Tube." Passed to print. FINAL PASSAGE OF ORDINANCES *82 -365 Ordinance No. 2097, New Series "Amending the Alameda Municipal Code relating to installation of Stop Signs on Dayton Avenue at Paru Street." Finally adopted. BILLS *82 -366 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of 5133,928.42. FILING *82 -367 Amendment No. 1 to Rehabilitation Loan Program Operating Agreement with Security Pacific National Bank. Specifications, Special Provisions and Plans for minor street patching with asphalt concrete; for repair of Portland cement concrete sidewalk and driveway and for installation of house laterals. Plans and Specifications for parking lot resurfacing at City Hall /Police Administration Building. Joint Exercise of Powers Agreement for Bay Area Library and Information System. June 15, 1982 RETURN TO REGULAR AGENDA HEARINGS 82 -368 Hearing regarding General Plan Amendment GPA -82 -1 for 1196 -1198 Park Street and 2406 San Jose Avenue to reclassify land use from Special Single Family to Neighborhood Commercial District. 82 -369 Hearing regarding rezoning from R -5, General Apartment District, to C -1 Neighborhood Business District, property located at 1196 -1198 Park Street and 2406 San Jose Avenue. The two hearings listed above were considered at the same time as the same locations were involved. The Planning Director stated that the Planning Board approved the Negative Declaration but ultimately recommended denial of both applications for rezoning and the General Plan Amendment based on certain findings. He noted the Planning Department staff had recommended in favor of granting both applications. He also stated that the applicant plans to request a use permit to expand the laundromat. President Corica explained the procedures to be used in the hearing, and on the call for proponents in support of the Planning Board decision in denying the applications, the following persons spoke: Judy Maulenburg, 1201 Park Avenue Jerry Mulenburg, 1201 Park Avenue Cheryl Heihn, 1193 Park Avenue On the call for speakers opposed to the Planning Board decision, the following persons spoke: Art Thoms, 570 Amber Isle, and noted he submitted a petition with 185 signatures in support of his applications. Geraldine Baier, 1159 -A, Broadway Street Robert Drake, 1105 Sherman Street Bernard Roney, Park Street Merchants' Association Jim Revoir, Chamber of Commerce President Corica declared the public portion of the hearings closed. Councilman Stone stated that when hearings were held on the General Plan, that block was designated to act as a buffer between the business area and residential area. Councilman Sherratt made a motion, seconded by Councilman Diament, that appropriate legislation be prepared for the next Council meeting to approve the General Plan Amendment and rezoning; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: Councilman Stone - 1. REPORTS AND RECOMMENDATIONS 82 -370 From Chairman of Historical Advisory Commission submitting information re- garding historic street lights affected by Phase II of the City's Light Conversion Program. June 15, 1982 Russell Sisung, Chairman of the Historical Advisory Commission, stated that an additional report ranking the lights within each category would be provided at the next Council meeting. Councilman Sherratt made a motion, seconded by Councilman Stone that the report be accepted; the motion carried by unanimous voice vote - 5. 82 -371 From Chairman of City Charter Review Committee submitting recommendations to amend Article II, Section 2 -1.1 and Section 2 -4 of the City Charter. President Corica noted that the Charter Review Committee recommendation provided compensation for Mayor of $750 per month and compensation for each Councilmember of S125 per meeting for maximum of S250 per month and would not become effective until after the next Municipal election due to a Charter provision. Councilman Sherratt made a motion, seconded by Councilman Stone, that the Charter Review Committee recommendation be approved and the City Attorney directed to prepare appropriate measure for consideration at the next meeting; the motion carried by unanimous voice vote - 5. 82 -372 From City Manager concerning the public hearing on Revenue Sharing. President Corica noted that no one from the public had been in attendance at the public hearing on revenue sharing. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted; the motion carried by unanimous voice vote - 5. 82 -373 From Planning Director regarding ABAG memorandum entitled, "Technical Memorandum No. 2 - Distribution of Housing Need by Income Category," and commenting on correspondence from Mayor Longshore, City of Concord, on that subject. The City Manager stated that ABAG had suggested a resolution would be appropriate and would be prepared for the next agenda. Councilman Sherrratt made a motion, seconded by Councilman Stone, that the report be accepted and the recommendation approved; the motion carried by unanimous voice vote - 5. 82 -374 From Finance Director submitting results of Tax Anticipation Notes sale offering on Tuesday, June 15, 1982. The Clerk noted a resolution had been prepared in conjunction with the report. In response to inquiry of President Corica as to why the resolution had not been listed separately, the Finance Director stated that the bid opening had only been held earlier in the day and specific information had not been available. Upon request, the Clerk read the resolution in its entirety. Councilman Diament made a motion, seconded by Councilman Sherratt, the report be accepted and the resolution adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. RESOLUTIONS 82 -375 Resolution No. 9784 -A "A Resolution awarding the sale of 1982 Tax and Revenue Tax Anticipation Notes." Adopted by the motion above. June 15, 1982 11 82 -376 Resolution No. 9785 "Approving and adopting the Tentative Budget of the City of Alameda for the Fiscal Year 1982 -83." The following persons expressed concern regarding moving Park Maintenance under the Public Works Department and in support of retaining the position of Assistant Recreation and Parks Director. Toby Chavez, 935 Magnolia Drive Lance Russum, Member of Recreation Commission Councilman Stone made a motion that an evaluation be prepared of the Assistant Director of Recreation and Parks position and the question of consolidating Parks Maintenance with Golf Course Maintenance compared to consolidation with Public Works; the motion FAILED for lack of a second. Councilman Sherratt made a motion, seconded by Councilman Diament, that the Tentative Budget be approved and the resolution adopted with the exception that park maintenance workers not be included in Public Works Department and the position of Assistant Director of Recreation and Parks funded for four months and reevaluated at the end of that period. President Corica suggested the part -time position in the City Clerk's Office be funded four months and reevaluated at that time; accepted by Councilman Sherratt and Councilman Diament. Councilman Gorman requested possible consolidation of Parks Maintenance with Public Wroks Department be reevaluated at the end of four months as he felt it would be cost effective. The motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and President Corica - 4. Noes: Councilman Gorman - 1. Absent: None. 82 -377 The City Attorney recommended the Council hear speakers on the resolutions and ordinance relative to the Cable Television Franchise and act on the ordinance first. The following persons spoke in opposition to award of the Cable Television Franchise to United Cable Television and recommended the matter be brought before the electorate: William Thomas, 1518 -G Pearl Street Joseph Sullivan, 3221 Liberty Avenue The following persons spoke in support of the provisions in the Cable Ordinance relative to the schools: Walt Klas, Alameda Unified School District Donald Hongisto, Peralta College /College of Alameda, and filed a copy of the "HITEL" construction proposal and letters in support of the proposal. In response to inquiry of Gerhard Degemann, 304 Sand Beach Road, as to location of access centers, Councilman Gorman stated that was not required to be included in the ordinance. Councilman Stone requested staff explore whether a requirement that real estate transfer tax should be included in the ordinance in the event United sells the system. In response to inquiry of Councilman Stone as to protection for the City in the event initiatives relative to Cable Television qualify and pass, Jim Davis, Attorney for United, stated that the ordinance indemnifies the City as to any costs relative to initiatives, including litigation. He further stated that a referendum would be different, and if passed, the ordinance would be invalidated. June 15, 1982 Councilman Diament made a motion, seconded by Councilman Gorman, that the applicable ordinance be considered at this time; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: Councilman Stone stated she would vote "No" on the ordinance. Absent: None. INTRODUCTION OF ORDINANCES 82 -378 Ordinance No. , New Series "An Ordinance of the City of Alameda granting a nonexclusive Franchise to United Cable Television of Alameda, Inc., for the install- ation, construction, operation and regulation of a Cable Television System for Alameda." Councilman Diament made a motion, seconded by Councilman Gorman, that the ordinance be introduced and passed to print; the motion carried by the following roll call vote: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: Councilman Stone - 1. Absent: None. RESOLUTIONS 82 -379 Resolution No. 9769 "A Resolution of the City Council of the City of Alameda, California, establishing rules and regulations and standards of operation for a nonexclusive Cable Television Franchise to be granted to United Cable Television of Alameda, Inc." Councilman Diament made a motion, seconded by Councilman Gorman, that the resolution be adopted with the provision it not become effective until the effective date of the ordinance; the motion carried by the following roll call vote: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: Councilman Stone - 1. Absent: None. 82 -380 Resolution No. 9770 "A Resolution of the City Council of the City of Alameda, California, establishing the schedule for rates and charges for Cable Television Service under a nonexclusive Franchise to be granted to United Cable Television of Alameda, Inc." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted with the provision it not become effective until the effective date of the ordinance; the motion carried by the following roll call vote: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: Councilman Stone - 1. Absent: None. FINAL PASSAGE OF ORDINANCES 82 -381 Ordinance No. , New Series "Amending the Alameda Municipal Code by adding Article 3 to Chapter 5 of Title XVI and by adding Article 4F to Chapter 1 of Title XI thereof relating to firing ranges." (emergency) The City Manager stated that last week workers were on the construction site at Harbor Bay Parkway, and a ricochet bullet was heard to pass by the workers; the contractor felt working conditions were unsafe and pulled off the job notifying the City he would expect an extension. He further stated he had met with the Gun Club to discuss possible moves they had in mind and notified them June 10th to shut down operations under the provisions of the Alameda Municipal Code to provide for public safety. He noted they had voluntarily shut down. Bill McCall, 1105 Mound Street, spoke in opposition to passage of the ordinance. June 15, 1982 Stuart Williams, Attorney for Island City Gun Club, requested the Council not pass the ordinance and stated there were facilities within the City to locate the gun club, and they would like to present a plan to the City to insure safety features. In response to inquiry of City Attorney as to whether the Gun Club would agree not to sue the City for damages, Mr. Williams stated that he had time criterias because of time limitations granted by Harbor Bay Isle which run out this coming Monday. Oscar Barry, representing Harbor Bay Isle, stated that they would extend the time. Mr. Williams stated they would file no litigation because of the time extension, and no action would be taken. Councilman Sherratt recommended that the City Manager, City Attorney, and representa- tives of Island City Gun Club meet and come up with an agreement legal and acceptable to all parties concerned. The City Attorney recommended the Council adopt the ordinance and negotiate with Island City Gun Club and advised that an alternative would be if agreement cannot be reached within a week the emergency ordinance be placed on the next Council agenda or schedule a special meeting. It was the consensus of Council that they take the alternative and negotiate with the Gun Club relative to a site for the gun club and safety requirements. UNFINISHED BUSINESS 82 -382 Consideration of appointment of three members to the Housing Commission. President Corica nominated Alfred Drouot, Dorothy Jones, and William Trujillo for reappointment to the Housing Commission. Councilman Diament seconded the nomination, and it carried by unanimous voice vote - 5. NEW BUSINESS 82 -383 Discussion of "confidential" memoranda. Counciman Stone expressed concern that the public requests basis for legal opinions and suggested the City Attorney submit the legal opinion and legal analysis separately. Councilman Sherratt noted the Council could remove confidentiality if they wish. 82 -384 Councilman Diament referred to a Legislative Conference she attended at the League of California Cities and expressed her concern regarding State subventions to local governments and suggested Council as a whole and individually contact legislators and convey their concerns. ORAL COMMUNICATIONS, GENERAL 82 -385 Edward Curley, St. Francis Taxi Company, requested the Council consider establishing a penalty for taxis that do not have a permit and enter the City to do business; i.e., cruising and picking up passengers or dispatching in response to phone calls. He also requested permits only be issued to individuals so one person is responsible for the permit. June 15, 1982 ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 12:00 midnight to assemble in regular session on Tuesday, July 6, 1982, at 7:30 p.m. Respectfully submitted, DEEN SPEEGL City Clerk June 15, 1982