Loading...
1985-11-19 Regular CC MinutesI0 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 19,1985 The meeting convened at 7:38 p.m. (at the conclusion of the Community Improvement Commission meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Hanna. Reverend Richard Stinson, Twin Towers United Methodist Church, gave the Invocation. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Councilmember Monsef moved for approval of the minutes of the special Council meeting held October 29, 1985. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Councilmember Monsef moved for approval of the minutes of the regular Council meeting held November 5, 1985, and the motion was seconded by Councilmember Lucas. The motion carried with three ayes (Councilmembers Lucas, Monsef and President Diament). Councilmembers Corica and Hanna abstained since they were absent from that meeting. CONSENT CALENDAR Councilmember Lucas moved for adoption of the Consent Calendar, and Councilmember Monsef seconded the motion. The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *85-676 From Finance Director on City's investment portfolio as of October 31, 1985. Approved. *85-677 From Public Works Director recommending acceptance of public improvements for the construction of Roads A and B adjacent to Lot 1 of Parcel Map 3964 (Harbor Bay Business Park). Approved. RESOLUTIONS *85-678 Resolution No. 10778 "Awarding contract to Gateway Landscape Construction for construction of Assessment District 84-4, landscape improvements, Harbor Bay Business Park, and authorizing execution thereof." Adopted. *85-679 Resolution No. 10779 "Ordering vacation of a public utility easement in Lots 73 and 81 of Tract 4402 (Harbor Bay Isle Lantern Bay)." Adopted. *85-680 Resolution No. 10780 "Authorizing execution of Subdivider's Agreement for Tract 4545 with CB Associates to incorporate all the terms of the original Subdivider's Agreement as adjusted and to extend the time for completion of improvements." Adopted. *85-681 Resolution No. 10781 "Authorizing execution of a conduit agreement with Pacific Bell for extension of existing communication facilities for Marina Village Parkway/Independence Drive." Adopted. *85-682 Resolution No. 10782 "Authorizing execution of agreement with the United States of America for a Coast Guard Island Mooring Facility." Adopted. *85-683 Resolution No. 10783 "Authorizing execution of amendment to service contract with George Hills Company, Inc. for liability claims adjusting and administration." Adopted. *85-684 Resolution No. 10784 "Authorizing execution of amendment to service agreement with Gates McDonald & Co. for claims administration." Adopted. BILLS *85-685 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,022,876.17. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 85-686 From Bill Kane, President, Bayview Estates Homeowners Association, supporting the Traffic Advisory Committee's proposal concerning the parking of oversized vehicles on City property. Councilmember Hanna moved for acceptance of the communication. Councilmember Monsef seconded the motion, which carried by unanimous voice vote - 5. 86-687 From Daniel Silverman, California Public Interest Research Group, Berkeley, requesting endorsement of Assembly Bill 2020 (Bottle Bill). Andre Delattre, California Public Interest Research Group (CalPIRG), 46 Shattuck Square, Berkeley, requested Council's endorsement of the Beverage Container Reuse and Recycling Act, the "Bottle Bill". The following speakers voiced opposition to the proposed bill: Marge Pagan, President, G.P.P.A.W. Local No. 141, 7314 Holliday Lane, Oakland; and Barbara Evans, Recycling Coordinator for Owens-Illinois, Inc., 3600 Alameda Avenue. Councilmember Corica commented that a similar ballot measure was defeated by the California electorate in 1982; therefore, he did not believe Council should support this bill. Councilmember Hanna described litter as a public health concern and stated he would support the bottle bill. 2 Councilmember Lucas concurred and alluded to the numerous local citizen complaints regarding litter. She stated that because of the great recreational resources in Alameda, cans and bottles present real health and safety hazards. Councilmember Monsef referred to the litter problem at the beach and expressed his support for the bill. President Diament stated she would not support the bill as it does not provide the solution to the problem. She said that public education and significant penalties for littering are needed. She was also concerned that increased consumer prices would result; and stores would be burdened with the accumulation of returned containers, many of which would not be reusable. Councilmember Hanna moved that Council direct the City Attorney to prepare a resolution supporting AB 2020 for Council's consideration at the next regular Council meeting. The motion was seconded by Councilmember Lucas and carried by the following vote: Ayes: Councilmembers Hanna, Lucas and Monsef - 3. Noes: Councilmember Corica and President Diament - 2. Absent: None. 85-688 From Wayne T. Pearce, 1136 Fontana Drive, expressing various concerns regarding public hearings related to Harbor Bay Isle Associates. Wayne Pearce read his letter which contained the requests that consideration of certification of the final Environmental Impact Report (EIR) for the Harbor Bay Isle project be postponed until after February 1, 1986, and that Harbor Bay Isle Associates' proposals be consolidated rather than considered individually. The following additional speakers supported this request: Rosalie McPherson, 1128 Marianas Lane; Florence McConnell, 1102 Bismarck Lane; and Linda Melvin, 934 Park Street. Speaking against the request was Stephen Brimhall, Executive Vice President, Harbor Bay Isle Associates, 1141 Harbor Bay Parkway, who emphasized that certification of the EIR as complete would not constitute project approval. At President Diament's request, the City Manager described the routine processing for EIR documents. He stated that staff would proceed in this manner unless directed otherwise by Council. Although it has not been the practice to do so, the City Manager noted that a public hearing on the Final EIR could be scheduled before the Council if they so desired. In response to a concern raised regarding a change in the EIR relating to traffic, the Planning Director clarified that the added information regarding traffic was included in the Final EIR in response to comments received on the Draft EIR. 1 Councilmember Monsef was concerned that an ongoing City-wide traffic study may alter the conclusions of the Final EIR. It was the Planning Director's opinion that information regarding traffic in the Final EIR would be entirely adequate to evaluate the impact of the proposed Harbor Bay projects. The Planning Director also confirmed that future public hearings would be required concerning expansion of the Harbor Bay Business Park, and certification of the Final EIR would not grant the necessary approvals. Councilmember Corica observed that the developer has requested and been granted two postponements in this matter, and he believed it would be appropriate to grant equal consideration to the citizens. Councilmember Lucas asked the City Attorney if the Planning Board could re-open the public hearing on the EIR if they so chose. The Attorney indicated that this has never occurred previously but could be done. Councilmember Lucas stated that she did not wish to delay the process and suggested that the Planning Board proceed as scheduled, and that a public hearing on the certification of the Final EIR be scheduled before the Council. Councilmember Corica recommended that the Planning Board be asked to delay consideration of the Final EIR until after the first of the year. He moved that Council request the Planning Board to hold hearings and that the matter be brought back to the Council after that time for a public hearing. Councilmember Lucas stated she would second Councilmember Corica's motion with the understanding that it be left to the discretion of the Planning Board as to whether or not a public hearing should be held on the Final EIR. She concurred that the Council should hold a public hearing. The City Manager requested clarification that it was the intent of Councilmember Corica's motion that the matter should not be scheduled for Planning Board consideration before January 1, 1986. President Diament expressed concern regarding repetition of the entire process. She noted that extensive hearings had been held. Councilmember Monsef suggested that Councilmember Corica's motion be amended to delay consideration of the final EIR until the results of the City-wide traffic study are available. The City Manager explained that the City-wide study would present an overview of traffic problems in the entire City, whereas the EIR focuses on environmental impacts specifically related to the development in question and mitigation therefor. Councilmember Corica agreed that he viewed the City-wide traffic study as a separate document, and it was his belief that the EIR would adequately address relevant traffic impacts. Councilmember Corica's motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas and President Diament - 4. Noes: Councilmember Monsef - 1. Absent: None. 14 Councilmember Monsef voted against the motion because he believed consideration of the final EIR should be delayed until the City-wide traffic study was available. 85-689 From Diane Coler-Dark, 1528 Park Street, concerning the responsibilities and limits of authority of staff. 85-690 Sally Damsen, 1234 Bay Street, requesting clarification of the authority of the Planning Board President concerning speakers. Ms. Coler-Dark's letter raised concerns regarding the City Attorney's role at a recent Planning Board meeting. She was present to respond to any inquiries. It was explained that the City Attorney's role is to provide legal advice to the Council, and he is the City's authority on legal interpretations concerning various code regulations. Councilmember Lucas moved for acceptance of both communications, and Councilmember Hanna seconded the motion. The motion carried by unanimous voice vote - 5. 85-691 From Deborah Muccino, Clipper Cove Homeowners Association, supporting the Appeal of Variance 85-41. Councilmember Corica moved for acceptance of the communication; the motion was seconded by Councilmember Lucas, and carried by unanimous voice vote - 5. APPEALS 85-692 Consideration of Appeal of Planning Board decision to approve Variance 85-41, to permit construction of 13 single-family homes with maximum height of 3 stories in Tract 4288 at Harbor Bay Isle. Appellant: Arthur Wagner. At President Diament's request, the City Attorney explained the procedure for hearing the appeal; i.e., speakers should argue from the record of the Planning Board hearing on this matter. The Planning Director provided background information as contained in his written report to the Council. The following persons spoke in favor of the appeal: Arthur Wagner, 463 Taylor Avenue, appellant; Barbara Thomas, 1118 Paru Street; Rachel Rendel (address not indicated); and Kenneth Ma, 184 Sea Bridge. The following speaker asked Council to deny the appeal: Stephen Brimhall, Executive Vice President, Harbor Bay Isle Associates, 1141 Harbor Bay Parkway. Councilmember Lucas commented that the Planning Board record was clear, and she supported their action which included appropriate findings and conditions. 15 Councilmember Corica expressed concern that a detrimental precedent may be established by allowing three-story structures in an R-1 District. President Diament stated that there are existing three-story residences on Bay Farm Island and on the main island. She noted that neighboring homes should be considered, but she believed the three- story restriction in the Zoning Ordinance should be reconsidered. Councilmember Monsef concurred with Councilmember Corica and did not believe an exception to established policy should be granted. Councilmember Hanna observed that there are several three-story residences in town, and it is difficult to distinguish them from two-story homes. He believed the Planning Board achieved an excellent balance in setting their conditions of approval. Councilmember Hanna moved for denial of the appeal, and Councilmember Lucas seconded the motion. The motion carried by the following vote: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. Note: Council recessed briefly at this time. REPORTS AND RECOMMENDATIONS 85-693 From City Manager regarding importation of solid waste from San Francisco to the Altamont Pass. President Diament noted that this issue has been discussed thoroughl by the Solid Waste Management Authority (SWMA) and the City Managers" Association. The City Manager referred to the report which had been provided to Council and noted one change thereto. The SWMA has tentatively agree (subject to member approval) to increase the 10-million-ton garbage importation quota to 15 tons with the understanding that if Oakland Scavenger does not initiate concrete steps to build a waste energy plant at Altamont, the 15-million-ton quota would be reduced to 10 million tons. Councilmember Lucas alluded to the recommendation from the City Managers' Association that a trial ten-year agreement with a cancellation clause be approved instead of granting a 50-year agreement. This would provide the opportunity for cancellation if Sa Francisco does not take appropriate steps toward a recycling program, finding another facility, or establishing a waste energy plant. Reportedly, there was reluctance on the part of some SWMA members to take that position. Councilmember Lucas stated she was in favor o this recommendation and believed it wise to limit the term of the agreement to the shortest possible time to allow for the possibility that conditions may change. Councilmember Hanna stated he would support any lever that would encourage San Francisco to solve its own problem. He supported a shorter period of time for the agreement with a possible change in rates. 1 Fred Scullin, 1120 Chestnut Street, expressed concerns that the County and individual jurisdictions are anxious to collect funds in connection with the agreement. He suggested that some of these funds be used to police the deposit of waste at this location. Councilmember Lucas requested that the ten-year limit as suggested by the City Managers be imposed. Also, she stated cities should agree jointly on expenditures of funds rather than leave this authority to the staff. Councilmember Hanna moved that Council adopt the recommendation with a ten-year limitation. The motion was seconded by Councilmember Monsef, and carried by unanimous voice vote - 5. 85-694 From City Manager concerning the orientation and training of new Board and Commission members. Councilmember Lucas moved that staff be directed to explore a training program for Board and Commission members to be reviewed by Council. Councilmember Monsef seconded the motion, which carried by unanimous voice vote - 5. 85-695 From City Manager on the General Reserve Fund for Library litigation. The City Manager reviewed information as contained in his report to the Council. It was recommended that funds in the amount of $827,000 (consisting of monies from a former Cash Basis Fund and a one-time insurance rebate) be utilized to expand the City's self-insurance trust fund for the next two or three months. Subsequent to that time, the City Manager recommended that the funds be earmarked for acquisition of a new library facility. Fred Scullin, 1120 Chestnut Street, commented that that the library has never been denied any funds from its regular budget, and the money in question was not from any library funds. He recommended that the funds not be set aside for any particular purpose until a definite need arises. Councilmember Corica noted that the Council has gone on record in favor of a new library. He concurred with the City Manager's recommendation to use the funds to provide an interim insurance safeguard, and then for a new library. Councilmember Hanna agreed with Mr. Scullin that the funds should be used for a pressing need. He stated there is a need for insurance at this time, and the funds will be used for that purpose until no longer necessary. After that time, he believed it is appropriate for the funds to be used for the library. Councilmember Corica moved that the City Manager's recommendation be accepted, and Councilmember Hanna seconded the motion, which carried by unanimous voice vote - 5. 85-696 From City Manager concerning swimming pools. Following approval of a contract with Martin Pool Repair and Reconstruction for the refurbishing of the Alameda and Encinal High School swimming pools, the diving pool at Encinal popped out of the ground when it was drained. Council was presented with four options regarding this diving pool: (1) remove existing pool and surrounding disturbed concrete; excavate, form and construct slightly larger pool in accordance with current codes, for a cost of $117,000; (2) remove existing pool and surrounding disturbed concrete; backfill with sand, install drainage plumbing and cover area with concrete decking, for a cost of $53,640; (3) remove existing pool and surrounding disturbed concrete; stub in plumbing for future pool; backfill with sand and grade suitable for owners to install turf, for a cost of $40,500; (4) remove disturbed concrete decks and existing pool walls above grade and deposit into remaining pool bottom; drill ten 6-inch holes in pool floor to allow for water table movement; backfill with sand and grade suitable for owners to install turf, for no increased cost to the existing contract. The following persons spoke in favor of repairing the Encinal diving pool: JoAnn Hillery, Encinal High School student, 660 Westline Drive; Susan Tremain, former Encinal Swim Center employee, 1706 Second Street; and Douglas Haines, 1616 Encinal Avenue. Councilmember Corica discussed the possibility of obtaining separate bids to reconstruct the diving pool. The City Manager noted that the work would be less expensive if aggregated; a separate contract for the Encinal diving pool alone would likely be more expensive. Councilmember Corica remarked that if the pool were filled in now, it would be more expensive to reconstruct the pool in a few years. President Diament acknowledged Councilmember Corica's concerns, but noted that the City and School District had already agreed to finance a considerable amount of funds. She believed that the amount of money required to reconstruct the diving pool could be used with much greater effect for other City needs. Councilmember Lucas was also concerned regarding the addition of funds to those already committed for the swimming pool project; and she was concerned as to how the pools will be maintained. Councilmember Hanna suggested deduction of the alternates included with the bids for swimming pool repairs in order to save funds for use toward a new diving pool. The City Manager explained that the alternate repairs were considered necessary because of potential problems with the filters, etc. I 8 Councilmember Monsef moved that Council ask the City Manager to negotiate with the School Board to obtain additional funds to replace the diving pool; Councilmember Corica seconded the motion. The motion failed to carry by the following vote: Ayes: Councilmembers Corica and Monsef - 2. Noes: Councilmembers Hanna, Lucas and President Diament - 3. Absent: None. Councilmember Lucas moved that Council adopt Option 4 (as outlined above). Councilmember Hanna seconded the motion, which carried by the following vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. RESOLUTIONS 85-697 Resolution No. 10785 "Endorsing the 'Fair Responsibility Act of 1986' and urging its support and passage." Councilmember Corica moved that Council adopt the Resolution; Councilmember Lucas seconded the motion, which carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-698 Resolution No. 10786 "Supporting the Americanization of the Fishery Conservation Zone." It was moved by Councilmember Lucas, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES 85-699 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Sections 2-522, 9-145 and 9-148 relating to Animal Shelter Fees." The City Manager pointed out that the fee structure referred to in Page 3, Paragraph 1, of his report to the Council should be deleted. Councilmember Hanna moved for introduction of the ordinance; and Councilmember Lucas seconded the motion, which carried as follows: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament 5. Noes: None. Absent: None. 85-700 Ordinance No. , N.S. "Authorizing execution of lease with Mariner Square and Associates for property located at the end of Mariner Square Drive." Councilmember Hanna moved for introduction of the ordinance. The motion was seconded by Councilmember Lucas, and carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 1 9 85-701 Ordinance No. , N.S. "Amending the Alameda Municipal Code to prohibit parking of detached trailers on City streets and property." A motion for introduction of the ordinance was offered by Councilmember Lucas, and was seconded by Councilmember Monsef. Councilmember Monsef inquired as to how the 20-foot length for prohibited trailers was determined. The Public Works Director clarified that this vehicle length is used for description purposes in other articles of this section of the Municipal Code, such as in regard to overnight and extended parking. The motion to introduce the ordinance carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-702 Ordinance No. , N.S. "Amending the Alameda Municipal Code prohibiting overnight parking of large vehicles on City streets and property." Councilmember Monsef moved for introduction of the ordinance, and Councilmember Lucas seconded the motion. Councilmember Monsef commented that he has been concerned for some time regarding the unattractiveness of on-street parking of small boats, particularly when these craft are left on the street for more than a week or two. He suggested that Council consider more stringent requirements to eliminate this problem. The Public Works Director reported that there are regulations against parking a vehicle on the street for more than 72 hours. Also, he noted that many boat trailers exceed 80 inches in width and would be covered under the amendment being considered by the Council at this time to prohibit overnight parking. The City Manager stated that if on-street parking of boats is brought to staff's attention, most can be abated with the 72-hour notice unless the trailers are moved. The City Manager said that an ordinance to restrict trailers in the public right of way can be explored if the problem cannot successfully be abated. Councilmember Hanna complimented the Police Department on their handling of the problem of vehicles for sale parked on public streets. UNFINISHED BUSINESS 85-703 President Diament announced John Barni's resignation from the Traffic Advisory Committee (TAC) and stated that Linda Soulages would be appointed to replace Mr. Barni as the real estate representative on this committee. Councilmember Hanna commented that Mr. Barni had been a substantial member of and a significant contributor to the Committee. 85-704 President Diament announced that appointment to fill a vacancy on the Civil Service Board would be considered at the Adjourned Regular meeting on November 21, 1985. 20 NEW BUSINESS 85-705 Councilmember Corica referred to the amount of police time expended to monitor left-hand-turn restrictions at the intersections of Central and Park and Santa Clara and Park between the hours of 3:30 p.m. and 6:00 p.m. He suggested placement of temporary barriers to prevent turns during these hours, which would free police manpower for other duties. President Diament commented that she would be in favor of a permanent prohibition against left turns at this intersection. The City Manager stated that both suggestions could be referred to the Traffic Advisory Committee for consideration. Council concurred. ADJOURNMENT 85-706 At 10:22 p.m., there being no further business to come before the Council, President Diament adjourned the meeting to 7:30 p.m., November 21, 1985. Respectfully submitted, Diane B. Felsch City Clerk