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1985-06-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 18, 1985 The meeting convened at 7:35 p.m. (at the conclusion of meetings of the Housing Authority and Community Improvement Commission) with Acting President Monsef pre- siding. The Pledge of Allegiance was led by Councilmember Lucas, and the Invoca- tion was offered by Reverend Martell Twitchell, retired. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas and Acting President Monsef - 4. Absent: President Diament - 1. MINUTES The minutes of the regular Council meeting held June 4, 1985, were approved as submitted on a motion by Councilmember Lucas, seconded by Councilmember Hanna, and carried by unanimous voice vote - 4 (President Diament absent - 1). CONSENT CALENDAR Acting President Monsef noted that Charles Tillman had requested removal of Item 1 -B, Adopting Plans and Specifications and calling for bids for Golf Course Storm Pump Station and Drainage Improvements, P.W. No. 3 -85 -7, from the Consent Calendar. Councilmember Lucas moved for adoption of the Consent Calendar with the exception of Item 1 -B (described above). The motion was seconded by Councilmember Corica and carried by unanimous voice vote - 4 (President Diament absent - 1). Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *85 -360 From Finance Director on City Investment Portfolio as of May 31, 1985. Approved. RESOLUTIONS *85 -361 Resolution No. 10644 "Authorizing execution of agreement with Port of Oakland for maintenance of Harbor Bay Parkway from Doolittle Drive to the northern boundary of the Harbor Bay Business Park." Adopted. *85 -362 Resolution No. 10645 "Awarding contract to Dawson & J.R.'s Construction for minor street patching with asphalt concrete for Fiscal Year ending June 30, 1986." Adopted. *85 -363 Resolution No. 10646 "Awarding contract to Rodoni - Becker Co., Inc. for mechanical systems maintenance in the Police Administration Building for Fiscal Year ending June 30, 1986." Adopted. *85 -364 Resolution No. 10647 "Awarding contract to 0. C. Jones & Sons for improve- ments for Marina Village Parkway and Independence Drive, Assessment District 84 -3." Adopted. June 18, 1985 *85-365 Resolution No, 10648 "Awarding contract to Gallagher & Burk, Inc. for repair and resurfacing of certain streets, Phase 5." Adopted. *85-366 Resolution No. 10649 "Awarding contract for legal advertising for City of Alameda for Fiscal Year 1985-1986 to Alameda Times Star." Adopted. *85-367 Resolution No. 10650 "Authorizing execution of agreement with Craig Park Associates for professional services related to renovation of the Krusi Park 'Tot Lot'." Adopted. FINAL PASSAGE OF ORDINANCES *85-368 Ordinance No. 2242, N.S. "Amending the Alameda Municipal Code by amending Section 11-1331 of Title XI thereof to allow live theaters as combined uses with other permitted uses in C-1, Neighborhood Commercial Districts." Finally adopted. BILLS *85-369 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,466,340.03. HEARINGS 85-370 A hearing regarding the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972, Island City Landscaping and Lighting District 84-2, Fiscal Year 1985-1986. Acting President Monsef declared the public hearing open. The City Clerk described the notification procedures that had been followed. John Barni, Sr., 1380 East Shore Drive, expressed concerns regarding the collec- tion and retention of funds that he thought were to be used for landscaping. City staff explained that the Park Street Business Association is in the process of developing a program for improvements and had requested that funds be held over for the following year. No assessments are planned for the next fiscal year. Mr. Barni also indicated concern that several fast food outlets, which he stated contribute heavily to debris, were not included in the assessment district. The Public Works Director clarified that those in the commercial zone are included. Mr. Barni commented that there were many business owners opposed to the assess- ment district. The City Manager noted that the assessment district would not have been put in place initially if the majority of business operators had not been in favor of it. Councilmember Hanna added that the decision was based on a lack of sufficient written protest. Councilmember Lucas remarked that there had apparently been no written protests received in connection with the current hearing for Fiscal Year 1985-86. Councilmember Corica questioned the wisdom of collecting a sum such as $39,000 for a certain year if there is no program implemented for utilizing the funds. He stated the funds should be earmarked for a specific project. Pamela McKenzie, 11291/2 Pearl Street, President, Park Street Business Association, confirmed that the Association did request that the funds be held over and used June 18, 1985 in conjunction with Community Block Grant Development funds. She stated that focus for the funds would primarily be the entrance to Park Street. Councilmember Lucas moved that the public hearing be closed, and Councilmember Hanna seconded the motion. The motion carried by unanimous voice vote - 4 (President Diament absent - 1). Councilmember Hanna moved that the applicable resolution be taken out of order at this time, and Councilmember Lucas seconded the motion. Motion carried by unanimous voice vote - 4 (President Diament absent - 1). RESOLUTIONS 85 -371 Resolution No. 10651 "Overruling protests and ordering the improvements and confirming the Diagram and Assessment, Fiscal Year 1985 -1086, Island City Land- scaping and Lighting District 84 -2." It was moved by Councilmember Lucas, and seconded by Councilmember Hanna, that the resolution be adopted. The motion carried by the following vote: Ayes: Council - members Corica, Hanna, Lucas and Acting President Monsef - 4. Noes: None. Absent: President Diament - 1. HEARINGS 85 -372 A hearing regarding Island City Landscaping and Lighting District 84 -2, Annexation No. 1985 -1. Acting President Monsef declared the public hearing open. The City Clerk described the notification procedures that had been followed. On the call for both proponents and opponents, there were none. Councilmember Lucas moved that the hearing be closed, and the motion was seconded by Councilmember Hanna, and carried by unanimous voice vote - 4 (President Diament absent - 1). Acting President Monsef noted for the record that there have been no written pro- tests against Annexation 85 -1 for Island City Landscaping and Lighting District, Assessment District 84 -2. Councilmember Lucas moved that the applicable resolution be considered at this time. The motion was seconded by Councilmember Hanna, and carried by unanimous voice vote - 4 (President Diament absent - 1). RESOLUTIONS 85 -373 Resolution No. 10652 "Overruling protests and ordering the annexation of territory to an existing Assessment District, ordering the improvements and confirming the Diagram and Assessment, Island City Landscaping and Lighting District 84 -2, Annexation No. 85 -1, Fiscal Year 1985 - 1986." Councilmember Hanna moved for adoption of the resolution, and the motion was seconded by Councilmember Lucas, and carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas and Acting President Monsef - 4. Noes: None. Absent: President Diament - 1. June 18, 1985 520 HEARINGS 85 -374 A hearing to establish liens for sidewalk repair work at 1028 Central Avenue, 622 Taylor Avenue, 2019 Pacific Avenue, and 2301 Clement Avenue. Acting President Monsef announced that the assessments for 622 Taylor Avenue and 2019 Pacific Avenue had been paid. He declared the hearing open. Hugo Callenberg, 1028 Central Avenue, expressed objection to having his property liened. He stated that this obligation would present a financial hardship and asked if the charges could be waived or if he could make some arrangement to satisfy the debt. Councilmember Hanna recommended that Mr. Callenberg meet with the City Manager and Public Works Director to arrange for payments. The City Manager recommended that Council proceed with authorizing the lien and stated that staff could work with Mr. Callenberg to resolve his difficulties and report back to Council on the outcome. Councilmember Lucas moved that the hearing be closed, and the motion was seconded by Councilmember Hanna, and carried by unanimous voice vote - 4 (President Diament absent - 1). Councilmember Lucas moved that the resolution pertaining to 1028 Central Avenue be taken out of order at this point; Councilmember Hanna seconded the motion, which carried by unanimous voice vote - 4 (President Diament absent - 1). RESOLUTIONS 85 -375 Resolution No. 10653 "Confirming report of the Superintendent of Streets in the matter of the repair of the sidewalk, driveway, curb or gutter in front of property known as 1028 Central Avenue, and directing the filing of a Notice of Lien on said property with the County Auditor." It was moved by Councilmember Hanna, and seconded by Councilmember Lucas, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas and. Acting President Monsef - 4. Noes: None. Absent: President Diament - 1. Councilmember Lucas moved that the resolution pertaining to the property at 2301 Clement Avenue be taken out of order at this time, and the motion was seconded by Councilmember Hanna. The motion carried by unanimous voice vote - 4 (President Diament absent - 1). 85 -376 Resolution No. 10654 "Confirming report of the Superintendent of Streets in the matter of the repair of sidewalk in front of property known as 2301 Clement Avenue, and directing the filing of a Notice of Lien on said property with the County Auditor." It was moved by Councilmember Lucas, and seconded by Councilmember Corica, that the resolution be adopted. Motion carried by the following vote: Ayes: Council - members Corica, Hanna, Lucas and Acting President Monsef - 4. Noes: None. Absent: President Diament - 1. 85 -377 A hearing on General Revenue Sharing for Fiscal Year 1985 -1986. Acting President Monsef declared the hearing open. June 18, 1985 There were no speakers in connection with this item. Councilmember Lucas moved that the hearing be closed, and Councilmember Hanna seconded the motion, which carried by unanimous voice vote - 4 (President Diament absent - 1). Councilmember Hanna moved that the applicable resolution be taken out of order, and Councilmember Lucas seconded the motion. The motion carried by unanimous voice vote - 4 (President Diament absent - 1). However, Councilmember Corica then requested that Council delay approving the budget until President Diament is present. Councilmember Corica noted that Council has until the second week of September to adopt the budget, and he believed it would be wise to have the budget adopted by the entire Council. RESOLUTIONS 85 -378 Resolution No. "Approving and adopting a Budget for the Fiscal Year 1985 -1986, and appropriating certain monies for the expenditures provided in said Budget for said Fiscal Year." In accordance with Councilmember Corica's request as described above, it was moved by Councilmember Lucas, and seconded by Councilmember Corica, that this resolution be continued to the Council meeting of July 2, 1985. The motion carried by unanimous voice vote - 4 (President Diament absent - 1). The City Manager noted that Council should proceed with the public hearing con- cerning the budget but defer any decision until the next meeting. 85 -379 A hearing on the Proposed Operating Budget and Capital Improvement/ Gas Tax Budgets for Fiscal Year 1985 -1986. Acting President Monsef noted that a special request had been received from Charles Tillman that he be permitted approximately 15 minutes to address the Council, and he stated that it was Council's consensus to grant this request. The public hearing was declared open. Charles Tillman, 2415 Roosevelt Drive, questioned policy governing how items are placed on a Council agenda. The City Manager explained agenda procedures. Mr. Tillman expressed concern regarding the budget increase for personal services for the City Council; e.g., travel expense, conferences and training programs. Mr. Tillman also questioned that the City Charter allows elimination of a "proposed" budget. Mr. Tillman noted that it was indicated at a Council meeting held January 2, 1985, that capital improvements at the Golf Course were to be considered in conjunc- tion with the budget for 1985 -86. He inquired whether or not this matter would be discussed at this meeting, and Acting President Monsef indicated that Council would address Golf Course issues. Mr. Tillman was concerned that the manner in which the Golf Course revenues are reported does not provide an accurate account- ing of financial conditions. Acting President Monsef noted that an improved system of reporting has been established, and he stated that he advised Mr. Tillman of the new procedure. Acting President Monsef stated that he would provide Mr. Tillman with a copy of the last financial statement for the Golf Course. Mr. Tillman indicated that he would like to know what the transfer fund is on an ongoing basis and the total amount of the Enterprise Fund on a month -to -month basis. Mr. Tillman questioned if expenditures, as well as income, would be made available in the statement. Acting President Monsef confirmed that expenditures are included. June 18, 1985 2 Mr. Tillman referred to a shortage of in excess of $40,000 in the 1982 -1983 budget and asked the disposition of that matter. The Finance Director explained that the figure was in bookkeeping, i.e., revenues received in July for June activity of that fiscal year were recorded in the following fiscal year. The Finance Director also clarified that such a situation would not recur under the present accounting system. Mr. Tillman recommended that the duties of the Finance Director be included in the Golf Course Manual regarding concessionaires at the Golf Course. Mr. Tillman raised the issue of maintenance costs for the shoreline being borne by home owners. The City Manager explained that a portion of the repairs to be accomplished were funded through dwelling unit tax; however, the City has custo- marily seen the responsibility for riprap as that of the reclamation district, the costs for which would be passed on to home owners. Mr. Tillman referred to Golf Course properties and stated that if $238,000 is used for two pumps, a balance of $45,000 would remain which he suggested be placed in the Enterprise Fund. Councilmember Corica noted that a recent report from the City Manager defines disposition of the $238,000. Noting that he had done a con- siderable amount of work in connection with this matter, Mr. Tillman was disturbed that this information had not been made available to him. Councilmember Corica moved that Council postpone action on the applicable resolu- tion to July 2, 1985. The motion was seconded by Councilmember Lucas, and carried by unanimous voice vote - 4 (President Diament absent - 1). Clarice Minot, 3022 Gibbons Drive, asked that Council consider the use of removable sidewalk material. She stated this material is used in other communities and dis- cussed the various advantages to be considered. Ms. Minot also suggested that the City consider securing the services of a consult- ing arborist, and she stated that such services are sometimes made available to cities without charge. Ms. Minot mentioned that the City of San Francisco is con- sidering formation of an Urban Tree Task Force, and she indicated she would like to see such a board in the City of Alameda. Councilmember Lucas asked the Public Works Director if the budget will permit the hiring of an arborist on a consulting basis. The Public Works Director stated that such would depend on the amount of time and money involved. He noted that time and funds had already been invested in the services of a horticulturist pre- viously recommended by Ms. Minot. Councilmember Lucas stated that since adoption of the budget was being postponed to the next Council meeting, she requested that the Public Works Director provide figures at the next hearing as to the costs involved in retaining an arborist as a consultant. Acting President Monsef stated that this hearing was being continued to July 2, 1985. Council recessed briefly at this time. REPORTS AND RECOMMENDATIONS 85 -380 From Public Works Director regarding Sanitary Sewer Evaluation Study. A slide presentation was given by East Bay Municipal District representives. June 18, 1985 52.E The Public Works Director recommended that Council direct staff to review the consultant's report and to come back to Council in the near future with recommen- dations as to whether the necessary $7 monthly increase should be staged over any period of time. Councilmember Lucas asked if the City had any choice or whether the work would have to ultimately be accomplished within a 20 -year period. The Public Works Director explained that permission had recently been granted extending the com- pliance period from six to 20 years. He noted that the Water Quality Board could refuse to allow the City to discharge its sewage into federal waterways (San Francisco Bay) and to charge penalties for non - compliance. Councilmember Corica moved for acceptance of the report and recommendation; the motion was seconded by Councilmember Lucas and carried by unanimous voice vote - 4 (President Diament absent - 1). RESOLUTIONS 85 -381 Resolution No. 10655 "Establishing appropriation limit for Fiscal Year 1985 - 1986." Councilmember Hanna moved for adoption of the resolution, and Councilmember Lucas seconded the motion. The motion carried by the following vote: Ayes: Council - members Corica, Hanna, Lucas and Acting President Monsef - 4. Noes: None. Absent: President Diament - 1. 85 -382 Resolution No. 10656 "Authorizing execution of agreement with California Golf Centers, Inc. for Golf Professional and related services at the Alameda Muni- cipal Golf Course." It was moved by Councilmember Hanna, and seconded by Councilmember Corica, that the resolution be adopted. The motion carried as follows: Ayes: Councilmembers Corica, Hanna, Lucas and Acting President Monsef - 4. Noes: None. Absent: President Diament - 1. Councilmember Hanna commented that a tournament representative had described the problem with the golf carts, and his description coincided exactly with informa- tion contained in the staff report. Councilmember Corica added that he believed the gas carts would solve the problems being experienced. 85 -383 Resolution No. 10657 "Authorizing execution of mutual release cancelling agreement with Golden Bear Leasing, Inc. for provision of golf carts on the Alameda Municipal Golf Course." It was moved by Councilmember Corica, and seconded by Councilmember Hanna, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas and Acting President Monsef - 4. Noes: None. Absent: President Diament - 1. 85 -384 Resolution No. 10658 "Authorizing a loan to, and the execution of a repayment agreement with, the Alameda Community Improvement Commission." Councilmember Lucas moved for adoption of the resolution, and Councilmember Hanna seconded the motion. The motion carried by the following vote: Ayes: Council - members Corica, Hanna, Lucas and Acting President Monsef - 4. Noes:- None. Absent: President Diament - 1. June 18, 1985 85 -385 Resolution No. 10659 "Resolution of Intention to require street improve- ments to be made on Spruce Street east of Third Street and setting time and date for public hearing." Linda Soulages, broker for Gallagher and Lindsey Realtors, representing property owners of 305 Spruce Street (Orr Estate), expressed concerns that an existing structure on Third Street may protrude into the planned street right of way, causing a "bottle neck" in the street. She inquired as to the City's plans for improving Spruce Street. The Public Works Director described the City's plans concerning Spruce Street. Ludean K. Oviatt, 310 - 312 Spruce Street, questioned that a building had been allowed to be placed within what had originally been planned as street right of way. The Public Works Director explained that the property in question is privately owned and was not dedicated to the City for right -of -way purposes. Councilmember Lucas moved that the resolution be adopted, and the motion was seconded by Councilmember Hanna, and carried by the following vote: Ayes: Council - members Corica, Hanna, Lucas and Acting President Monsef - 4. Noes: None. Absent: President Diament - 1. 85 -386 Resolution No. 10660 "Declaring English the official language of the City of Alameda." Fred Scullin, 1120 Chestnut Street, objected to the resolution. He stated that non - English - speaking residents may be placed at a disadvantage in that public and social service agencies may be discouraged from providing translators to assist them. Councilmember Hanna explained that this resolution represents a symbolic gesture but would not impose any legal restrictions. Councilmember Hanna 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 and Acting President Monsef - 4. Noes: None. Absent: President Diament - 1. The following item, removed from the Consent Calendar, was considered at this time: 85 -387 Resolution No. 10661 "Adopting Plans and Specifications and calling for bids for Golf Course Storm Pump Station and Drainage Improvements, P.W. No. 3- 85 -7." Councilmember Lucas moved for adoption of the resolution, the motion was seconded by Councilmember Hanna, and carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas and Acting President Monsef - 1. Noes: None. Absent: President Diament - 1. UNFINISHED BUSINESS 85 -388 From Chuck Corica recommending that City and Bureau of Electricity staff meet with representatives from affected areas to discuss remedies for tree trimming and sidewalk repairs. David Maxcy, 1330 Bay Street, stated that the contractor hired by the Bureau of Electricity to trim Bay Street trees had apparently been given permission to June 18, 1985 52 5 salvage the tree wood. Mr. Maxcy was concerned that this may have contributed to the contractor trimming the trees more severely than necessary. Mr. Maxcy stated he was not sure if he favored a tree preservation ordinance, but he recommended that the Bureau of Electricity, Street Department and citizens should coordinate efforts in letting tree trimming contracts. Clarice Minot, 3022 Gibbons Drive, suggested that any tree advisory board be com- posed of seven to nine members, the majority of which should be private citizens and tree specialists and the remaining members City officials. She also suggested that an advisory board may conduct a City tree inventory, provide regular inspec- tion of trees and encourage tree planting. Councilmember Corica commented that his suggestion is- simply to form a committee consisting of Public Works and Bureau of Electricity personnel, three or four people from affected areas, and any other interested citizens. He recommended that this solution be tried before considering an ordinance. Councilmember Lucas concurred with Councilmember Corica's suggestion and stated that the matter should be postponed for consideration when President Diament can be present. Acting President Monsef noted that he had contacted P.G. & E. who apparently have an established procedure for cutting trees. He suggested that their procedure be explored and stated that he is in agreement with formation of a committee as suggested by Councilmember Corica. Councilmember Lucas moved that this matter be continued to the Council meeting of July 2, 1985. Councilmember Corica seconded the motion, which carried by unanimous voice vote - 4 (President Diament absent - 1). 85 -389 Councilmember Corica stated he was dissatisfied with the City Attorney's written opinion in response to previous inquiry regarding notification require- ments for meetings in conjunction with the Brown Act. Councilmember Corica noted that a written list of presentations scheduled for the May 22, 1985, Council brief- ing session constituted an agenda. In response to a comment in the newspaper to which Councilmember Corica referred, the City Attorney stated that he had not been quoted in the newspaper. 85 -390 Councilmember Hanna referred to a memorandum received from the City Manager regarding discussion between City and Navy representatives concerning Navy -City housing partnerships and requested that the City Manager provide addi- tional information at this time. The City Manager explained that a meeting had been held with federal representa- tives concerning the provision for housing for naval personnel in Alameda. Discus- sion centered on what steps could be taken to assist in the provision of additional housing within the context of existing Council policy and Measure A. The purpose of the meeting was to show the Regional Director of the Office of Economic Adjust- ment, Department of Defense, what has been done and to determine if the Department of Defense would be willing to finance creation of additional low -cost units for naval personnel. Reaction of federal representatives was generally positive, and they indicated they would have to consider use of their funds for that purpose which would be a unique program nationally. They believed that this approach may be bene- ficial in communities such as Alameda. The City Manager stated that the proposed housing would be considered in conjunction with the City's low -to- moderate income program and will meet the Housing Assistance Plan goals. June 18, 1985 6 85 -391 Councilmember Lucas inquired as to the status of the Encinal Boat Ramp gate which was to have been opened and closed daily by Navy personnel. She said that there have been reports from neighbors of drag racing at night. The City Manager stated that the Navy has agreed to provide additional security patrol of the area. The City Manager stated he would provide Council with a written report regarding this matter. ORAL COMMUNICATIONS, GENERAL 85 -392 John Barni, Sr., 1380 East Shore Drive, stated that he would be in favor of a committee to oversee tree maintenance and preservation; however, he noted that the Historical Advisory Commission had become involved and that there should not be two committees overseeing the tree issues. Councilmember Corica stated it was not his intention that a formal committee be formed, but that interested citizens and City staff meet to set appropriate policy regarding trees and that policy would be enforced by the Public Works Department. ADJOURNMENT 85 -393 Acting President Monsef adjourned the meeting at 10:15 p.m. to an Execu- tive Session regarding the Workers' Compensation Case of Jeffrey D. Williams. The next regular Council meeting was scheduled for July 2, 1985. Respectfully submitted, Diane B. Felsch City Clerk June 18, 1985