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1987-03-17 Regular CC Minutes61 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA. MARCH 17, 1987 The meeting convened at 7:45 p.m. (at the conclusion of the Community Improvement Commission meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Wilfred Hodgkin gave the invocation. ROLL CALL MINUTES Present: Councilmembers Corica, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. Councilmember Hanna made a motion for approval of the minutes of the Regular Council Meeting of March 3, ]987. Councilmember Lucas seconded the motion and it was carried.by the following vojce vote: Ayes: Councilmembers Corica, Hanna, Lucas, and President Diament - 4. Noes: None. Absent: None. Abstention: Councilmember Monsef - 1. (Due to absence from the 3-3 meeting. SPECIAL ORDERS OF THE DAY 87-155 President Diament read the proclamation concerning Youth in Government Day; and noted organizations represented by the participating youth. The Assistant City Manager addressed Council, noting that a new group of international youth participated; and, he reviewed the activities of the day. President Diament awarded certificates to the youth who partic- ipated, and recognized the parents who were present. CONSENT CALENDAR At the request of Councilmember Corica, Item Nos. 1-F and 1-G were removed froM the Consent Calendar to the regular Agenda. (See 87-190, 87-191) Councilmember Monsef moved for adoption of the Consent Calendar with the exception of Item Nos. I-F and 1-G concerning resolu- tions regarding approving Final Map of Tract 5716, and approval of execution of agreement for improvements of Tract 5716. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *87-156 From City Attorney recommending denial of application of Robert De Young to present Late Claim against the City of Alameda. Accepted. *87-157 From Finance Director regarding City's Investment Port- folio as of February 28, 1987. Accepted. *87-158 From Public Works Director recommending acceptance of work by McGuire & Hester for Clinton-Park-Otis Sanitary Sewer Project, Phase I, P.W. No. 3-86-7. Accepted. *87-159 From Public Works Director recommending acceptance of work by Reliable Tree Experts for pruning of City street trees in vari- ous locations in the City of Alameda, P.W. No. 8-86-26. Accepted. RESOLUTIONS *87-160 Resolution No. 11129 "Awarding contract to Les McDonald Construction Co. for repair and resurfacing of certain streets, Phase 8, and authorizing execution thereof." Adopted. *87-161 Resolution No. 11130 "Approving Parcel Map No. 5010 and authorizing exception to the Zoning Ordinance for lot width and area and to the Subdivision Ordinance for undergrounding of utili- ties (417-419 Lincoln Avenue)." Adopted. *87-162 Resolution No. 11131 "Authorizing submittal of an Appli- cation and Certifications to the State for Federal Emergency Shel- ter Grant Funds and authorizing execution of Grant Agreement for same." Adopted. *87-163 Resolution No. 11132 "Authorizing open market purchase of a utility vehicle for the Police Department." Adopted. *87-164 Resolution No. 11133 "Authorizing the Mayor's Fourth of July Parade in the City of Alameda and approving the route thereof." Adopted. *87-165 Resolution No. 11134 "Supporting the declaration of the Governor of the State of California and declaring that the month of April, 1987, be Earthquake Preparedness Month in the City of Alameda." Adopted. *87-166 Resolution No. 11135 "Urging the Governor and Legislators of the State of California to authorize adequate funds to support child care services." Adopted. *87-167 Resolution No. 11136 "Establishing Election Precincts, designating polling places therefor and naming officers of Election for each precinct for General Municipal Election to be held on Tuesday, April 21, 1987." Adopted. 6 FINAL PASSAGE OF ORDINANCES *87-168 Ordinance No. 2322 N.S. "Amending the Alameda Municipal Code by amending certain sections of Chapter 3 of Title XVII thereof to define parking enforcement holidays." Adopted. BILLS *87-169 A List of Claims, certified by the City Manager as cor- rect, was approved in the amount of $1,528,204.90. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 87-170 From L. Diane Stuart, 31 Coleport Landing, concerning the Bicentennial of the Constitution and Proposition C (Traffic Ini- tiative). Richard Armstrong, 1626 Encinal Avenue, stated he agreed with Ms. Stuart's communication, Councilmember Lucas made a motion to accept the communication; Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. 87-171 From Gerhard W. Degemann, 19 Sandpiper Place, regarding the Traffic Initiative Rebuttal Argument. Mr. Degemann stated he doubts many small businesses support Ballot Argument against Measure C (Traffic Initiative) and objects to Mayor's statement against the measure. Michael Farley, 27 Beaufort Street, stated there is a lot of support for the Mayor; that the only way to comply to the Traffic Initiative is to widen the streets by eliminating parking lanes, removing sidewalks and trees, and taking lawns and/or houses. Richard Roth, 1417 5th Street, stated he is against Measure C; believes testimony of traffic experts; requested Council place Written Communications at the end of the agenda following City business matters; and stated he supports Mayor's comments on the Traffic Initiative. Councilmember Lucas made a motion to accept the communication; Councilmember Hanna seconded the motion. President Diamentstated that it is disturbing to be accused of lying; her statements were far more objective than those on the opposing side; the sources used were far more reliable; anyone who votes for this measure is voting for a process that may force Coun- cil to condemn; the City will have to deal with the matter in court if necessary; in the early fifties, there was a vote of the citizens, not by the Council, to fill South Shore which created more traffic; and that she believes in dealing with traffic and has taken posi- tive steps. The motion was carried by unanimous voice vote - 5. Councilmember Corica commented that people said the same thing about Measure A, that it was bad for the City, and this reaction to Meas- ure C is the same thing. 64 87-172 From Elizabeth Zackheim, Secretary, Alameda Alliance of Homeowners, P.O. Box 4020, concerning the Alameda Chamber of Commerce. Mrs. Zackheim stated she did not believe that the Chamber of Com- merce should be in City Hall and be actively against the Traffic Initiative; and the City should not give space or funding to the Chamber of Commerce. Raymonde Beauregard-Sund, 149 Inverness Way, Alameda Alliance of Homeowners, stated she did not believe the Vice-President of the Chamber of Commerce was acting in the best interest of all small businesses in her activity regarding the Traffic Initiative. Rosalie McPherson, 1128 Marianas Lane, stated she was present to discuss taxpayer dollars subsidizing the Chamber of Commerce; that Council should rescind the increase in photocopy cost to the public, and review matter of the Chamber of Commerce rental of City property. Bruce Young, 328 Capetown Drive, Alameda Alliance of Homeowners, stated the Chamber of Commerce was spending considerable time campaign- ing against Measure C; and reviewed Measure C and opposing arguments. Don Dowdell, President, Alameda Chamber of Commerce, commented on the Purpose and responsibility of the Chamber to promote the inter- ests of small businesses; focus on public issues, use campaigns to inform, and bepolitically active; stated purpose has been consistent from inception of Chamber of Commerce nationally; that Chamber has been of assistance to the City; and that it has been investigating other office locations for rental. Councilmember Corica discussed the resignation of the Chamber executive vice-president Carol Abernathy. Mr. Dowdell commented that the Board of Directors of the Chamber on December 17, 1986, with 17 of 22 members present, voted unani- mously to actively oppose Measure C. Barbara Thomas, 1118 Peru Street, stated she believed the City should research whether or not the developers could compel eminent domain. Councilmember Corica stated he believed that the Council would not vote for eminent domain. Councilmember Lucas stated future Councils would have to deal with the matter and it is therefore speculation; and inquired LEproperty had been condemned for the Fernside extension, to which President Diament responded that it had been. Cbuncilnember Hanna made a motion to accept the communication. Councilmember Lucas seconded the motion. Councilmember Monsef commented that Chamber of Commerce taking part in campaign regarding a measure that has divided the City is inappro- priate especially since the City has given money to the Chamber. President Diament noted that last year the Chamber supported the City regarding business taxes which has greatly increased City revenues, and the Chamber has in many ways contributed to the City. The motion to accept the communication was carried by unanimous voice vote - 5. 87-173 Hearing on report by Superintendent of Streets of cost of construction of Spruce Street, east of Third Street. The Public Works Director reviewed the subject and a brief dis- cussion of details followed. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. The public portion of the hearing was closed. Councilmember Lucas inquired if flooding situation has improved, to which the Public Works Director stated it had somewhat improved. Councilmember Hanna made a motion to accept the report and take the related resolution out of order. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. 87-174 Resolution No. 11137 "Confirming Report of Superintendent of Streets in the matter of costs of construction of Spruce Street, east of Third Street, and assessing cost of construction of work performed." Councilmember Hanna made a motion to adopt the resolution. Council- member Corica seconded the motion and it was carried by unanimous voice vote - 5. 87-175 Hearing regarding the vacation of a public utility ease- ment in Tract 3865 (north of South Shore Beach and Tennis Club). The Public Works Director reported that Pacific Bell is now assured that they do not have lines located in the easement and do not ob- ject to the vacation of the easement. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for oPponents, there were none. The public portion of the hearing was closed. 66 Councilmember Hanna made a motion to take the related resolution out of order. Councilmember Lucas seconded the motion and the motion was carried by unanimous voice vote - 5. 87-176 Resolution No. 11138 "Ordering vacation of public util- ity easement located within Tract 3865 (North of South Shore Beach and Tennis Club)." Councilmember Hanna made a motion to adopt the resolution. Council- member Corica seconded the motion and it was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 87-177 From Chairman, Historical Advisory Commission, regarding the preservation of the Alameda Theatre Building. Tom Wetherbee, 4 Embarcadero #3150, San Francisco, Mattison & Shidler, current leaseholders of the property, requested Council consider option No. 2 of the report previously submitted, which allows for retaining the front and the grand lobby of the theatre. Richard Armstrong, 1626 Encinal Avenue, stated that the theatre is being utilized; and there is a great many people who believe it should not be torn down. Christopher Hanson, 543 Palace Street, stated that 45 days from previous Council meeting was noted as time for discussion and stated the Coirniittee to save the theatre was working diligently to present Council with information by that time., Barbara Thomas, 1118 Paru Street, stated that there should be an EIR on the theatre site due to its historical value and that Council might consider the cost of that study. President Diament commented that the City is concerned about whether or not it is a safe building, and that this is a status report. Richard A. Rosenberg, 2315 Central Avenue, stated there were a num- ber of businesses that would be forced out if the theatre were replaced. The Public Works Director noted that if the City found there was a deficiency in the building structure, it would only require that it be fixed. Councilmember Hanna made a motion to accept the report. Council- member Lucas seconded the motion. The motion was carried by unanimous voice vote - 5. 67 87-178 From City Manager on Traffic Pattern Survey conducted at Fernside Shopping Center. Councilmember Hanna made a motion to accept the report. Council- member Lucas seconded the motion and it was carried by unanimous voice vote - 5. 87-179 From Public Works Director regarding proposed BCDC Cease and Desist Order for Bayview Estates Beach Fill. The Public Works Director reviewed the current situation, noting that the letter received today from BCDC stated that they would stipulate to Cease and Desist Order if City agreed to public access (some type of paving) along the water within two years. Councilmember Corica stated that the citizens had not had sufficient time to consider the letter received today and made a motion to hold the matter over. Councilmember Monsef seconded the motion. President Diament noted there would be a BCDC hearing on March 25th and the people should have an opportunity to be heard before Council prior to that meeting. Councilmember Lucas stated the City should be represented by Counsel at the hearing. Councilmember Corica stated the homeowners could speak before BCDC. Councilmember Hanna suggested a recess would allow the public to review and discuss the letter. Councilmember Hanna stated the matter might be compromised if the citizens were not permitted to speak and the matter proceeded on March 25th. Councilmember Lucas agreed. Councilmember Corica stated he would like the motion to be made to hold over until after the BCDC hearing. Following further Council discussion, Mr. Millman was allowed to address Council. Charles A. Millman, 2916 Bayview Drive, stated that the BCDC letter was without adequate notice; referred to California Administrative Code; and stated the homeowners would appear before BCDC. William McCall, Sr., 1105 Mound Street, submitted pictures of areas under discussion, stated BCDC is building a ramp for the handicapped but there is no adequate parking, there is creosote in the area that could burn children, and Council should not allow path from public beach past backyards. 68 John H. Bennett, 3018 Bayview Drive, stated he has seen the bay eat away the shoreline; that the area in front of his home was almost completely impassable in the winterof1982;that BCDC does not address what shoreline was like; and if neighbors had not taken action them- selves, there would be no City property remaining. Bill Kane, 2615 Bayview Drive, Bayview Estates Homeowners Assoc., requested City have civil engineer investigate the area and that the City Attorney review Section 66605F of the Petris Act. Nicholas Toth, 2600 Bayview Drive, suggested that perhaps there should be a more intense relationship between the BCDC and the City staff. John Mandas, 2806 Bayview Drive, noted that BCDC states that pro- viso wall is alright with 8-foot pathway, but not without the path. Gary W. McAfee, 2614 Bayview Drive, submitted photographs of egrets and other birds to the Council; and explained that use of a bicycle path would keep the birds away. Steve Eberhard, 2922 Bayview Drive, stated he supports most of what homeowners had said, addressed the matter of a minimum stan- dard in reviewing the area, and is opposed to a path. Al Whyte, 2924 Bayview Drive, stated he believes BCDC is taking a heavy hand with the City and with the homeowners, and believes Council should instruct City Attorney to review matter. Fred Scullin, 1120 Chestnut Street, stated the path could be moved back to be less disturbing to the wildlife and yet not encroach on the homeowners areas; and said that this area is the only one lacking for the bicycle path from the bridge. Councilmember Corica stated that there is a motion that Council not do anything as far as a recommendation is concerned. Councilmember Lucas stated she would vote against the motion; that with the approach of BCDC, the City would be obligated; the City needs to be represented at the meeting; that if there is no appear- ance by the City, the Court could rule against it. Councilmember Corica stated he agreed that attorney should be there to assist Bayview homeowners and represent the City and would like it included in the motion. Councilmember Lucas seconded the motion. President Diament clarified that the motion was to continue the matter to the next Council meeting, the City Attorney is to appear before the BCDC March 25 hearing and represent the City, and the City is not to accept any of the three alternatives. The City Attorney commented the March 25th meeting is to be semi- judicial; people will be sworn in; and his great concern is that BCDC may move against the City. The vote regarding the motion was carried by the following voice vote: Ayes: Councilmembers Corica, Lucas, Monsef and President Diament - 4. Noes: Councilmember Hanna - 1. Absent: None. 69 87-180 From Public Works Director recommending an extension of time of two years, to January 6, 1989, in which to complete the improvements for Tract 4382 (Harbor Bay Isle, Village 3 North). Councilmember Lucas made a motion to accept the report and recommenda- tion. Councilmember Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica -1. Absent: None. 87-181 Resolution No. 11139 "Support in principle the establishment of a Service Authority for freeway emergencies." Councilmember Hanna made a motion to adopt the resolution. Council- member Lucas seconded the motion and it was carried by unanimous voice vote,- 5. 87-182 Resolution No. 11140 "Recognizing National Community Develop- ment Week and encouraging Alameda citizens and organizations to par- ticipate in activities that address local community development needs." Councilmember Hanna made a motion to adopt the resolution. Council- member Corica seconded the motion and it was carried by unanimous voice vote - 5. 87-183 Resolution No. 11141 "Changing the name of Patton Way to Constitution Way." Clarence R. Kline, 1511 4th Street,. representative of Bicentennial Committee, stated he believes changing the name will be a lasting record of celebration by the City of Alameda of the Constitution. President Diament commended Mr. Kline and the City of Alameda Bicen- tennial Committee for their activity. Councilmember Monsef agreed with President Diament and made a motion to adopt the resolution. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. 87-184 Resolution No. 11142 "Approving Alameda South Shore Beach and Robert Crown Memorial State Beach Improvement Project, Phases IV and V, and authorizing execution of agreement between City of Alameda and East Bay Regional Park District for project management." Gerhard Degemann, 19 Sandpiper Place, inquired if the proposed building (concession) on West Line Drive would also be included in the agreement. The City Manager replied that was a separate project and not included in this project. Mr. Mike Anderson of the Regional Park District stated there should be one change made regarding the conditions of approval. Following a brief discussion, Councilmember Hanna made a motion to adopt the resolution, and to delete the last sentence, so that the resolution would end with the words "Phases IV and V." Council- member Lucas seconded the motion. 4 0 Councilmember Corica stated he would vote no because Council came up with money in 1986, for beach improvement. Councilmember Monsef stated he also would vote against it. President Diament stated the $300,000.00 currently being discussed is the same as what was agreed to before. The motion carried by the following roll call vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. 87-185 Resolution No. 11143 "Recommending distribution of Measure B Paratransit Funds to Transportation Development Act 4.5 Claimants (TDA 4.5)." Councilmember Lucas made a motion to adopt the resolution. Council- member Monsef seconded the motion and it was carried by unanimous voice vote -5. 87-186 Resolution No. 11144 "Authorizing modification of Coopera- tion Agreement between the City and Alameda Marina Village Associates/ Alameda Marina Center Associates." Fred Scullin, 1120 Chestnut Street, stated he cannot see what advan- tage this is to the City. The Finance Director explained that the City loses nothing; gains by not having to pay the $350,000.00 interest on the loan; and that gas tax funds can be used for this project. Councilmember Lucas made a motion to adopt the resolution; Council- member Hanna seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef, and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 87-187 Ordinance No. N.S. "Repealing Ordinance No. 2224, N.S., relating to Marina Village Assessment District 24-3 Assessment Bonds Credits." Councilmember Hanna made a motion to introduce the ordinance. Council- member Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 87-188 Resolution No. 11145 "Authorizing execution of agreement with Peter N. Delanoy, Bettye J. Delanoy and Glenn W. Blackmore, dba Toys, relating to Eminent Domain proceedings involving property at 2305 Central Avenue. Councilmember Lucas commented that, according to the City Attorney, this lease will save the City money, and made a motion that the resolution be adopted. Councilmember _Hanna seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 1 87-189 Resolution No. 11146 "Authorizing B.C.D.C. Permit Appli- cation for closure of Doolittle Landfill Site." Councilmember Lucas made a motion to adopt the resolution. Council- member Monsef seconded the motion and it was carried by unanimous voice vote - 5. 87-190 Resolution No. 11147 "Approving Final Map of Subdivision known as Tract 5716 and accepting certain easements and rights of access (Alameda Marina Village, Subdivider, Alameda Marina Village Associates." Councilmember Corica stated he would be voting no because he believed it was being done to beat the election. Councilmember Lucas made a motion to adopt the resolution. Council- member Hanna seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef, and Presi- dent Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 87-191 Resolution No. 11148 "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision 5716 and approving bonds as to sufficiency (A Subdivision for condominium purposes, Alameda Marina Village). Councilmember Corica stated he would vote no as on the previous resolution because he believed it was to beat the election. Councilmember Hanna made a motion to adopt the resolution. Council- member Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef, and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. TrTRODUCTION OF ORDINANCES 87-192 Ordinance No. N.S. "Accepting dedication of land and authorizing execution of a revised Lease Agreement with Fortmann Basin, Ltd." Councilmember Lucas made a motion to introduce the ordinance. Council- member Monsef seconded the motion and it was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 87-193 Ordinance No. 2323 N.S. "Amending the Alameda Municipal Code by amending Section 15-6210 thereof relating to rates for collec- tion of garbage and refuse and prescribing method of collection." Councilmember Hanna made a motion to adopt the ordinance. Council- member Monsef seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: None. Abstentions: Councilmember Corica - 1. 72 UNFINISHED BUSINESS 87-194 Councilmember Lucas inquired whether an appointment to the Alameda County Task Force for AIDS had been made. President Diament responded Reverend Dubbs had volunteered to serve. Councilmember Lucas requested that citizens be informed of Task Force meetings and the appointment by press release. 87-195 Consideration of appointment to the Civil Service Board. President Diament nominated Eva A. Suojanen. The nomination was seconded by Councilmember Lucas and was approved by consensus of Council. 87-196 Consideration of appointment to the Cable Television Over- sight Committee, President Diament nominated Wayne Milani. The nomination was seconded by Councilmember Monsef and approved by the consensus of Council. 87-197 Councilmember Hanna inquired about the trimming of trees on Park Street. The Public Works Director responded the Park Street Business Associa- tion requested the trees be more rounded than in the past, included this in their assessment monies and are paying for the service. ORAL COMMUNICATIONS 87-198 Gerhard Degemann, 19 Sandpiper Place, requested that Cal Trans be informed of election night and that no work be scheduled for Bay Farm Island Bridge that evening. President Diament stated that there would be a communication to them. 87-199 Richard Armstrong, 1626 Encinal Avenue, commented that his remarks regarding Measure C were made under Item No. 2. (Ms. Stuart's letter) (See 87-170) ADJOURNMENT President Diament adjourned the meeting to Closed Session for discussion of the cases, City v. Bruzzone, Berrie v. City of Alameda, Virlee Berry v. City, City of Alameda v. Delanoy, and the Workers' Compensation Claim of Keith Timms, at 10:50 p.m. Re-c-ctfully subrnit,jed. 6- - Dia B. Felsch. CITY CLERK The agenda for this meeting was posted 72 hours in advance, in accor- dance with the Brown Act.