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1983-12-06 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY DECEMBER 6, 1983 The meeting convened at 8:05 p.m. (at the conclusion of the Housing Authority Commission Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Gorman. The Invocation was given by Rev. Martell Twitchell, Twin Towers Methodist Church. ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. MINUTES Councilmember Hanna requested clarification of the top line of Page 2 of the Minutes for October 20, 1983, regarding Resolution No. 10187, "Resolution approving amendment to lease providing cancellation thereof - Todd Shipyards." The City Manager explained the resolution authorized the transfer of the lease to Gateway, Ltd. and provided a clause for 30 days cancellation. Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the Minutes of the Regular Council Meeting of October 20, 1983, be approved; the motion carried by unanimous voice vote - 5. Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the Minutes of the Regular Council Meeting of November 1, 1983, be approved; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR President Diament indicated the resolution "Adopting Plans and Specifications for Lincoln Avenue Project, calling for bids and directing City Clerk to advertise same" would be withdrawn from the agenda for discussion later in the meeting. Councilmember Lucas made a motion, seconded by Councilmember Gorman, that the following items on the Consent Calendar be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *83 -596 From Secretary of Planning Board recommending a hearing be scheduled December 20, 1983, for proposed amendment to the Alameda Municipal Code to permit residential uses with a Use Permit in Commercial and Industrial Zoning Districts. Approved. *83 -597 From Public Works Director recommending a hearing be scheduled December 20,1983, for proposed Alameda County Vector Control Benefit Assessment District. Approved. *83 -598 From Public Works Director recommending acceptance of work by MJB Pipeline for Harbor Bay Isle Business Park Assessment District 81 -1 Northerly Storm Drain System, No. P.W. 7- 83 -15. Approved. December 6, 1983 RESOLUTIONS *83 -599 Resolution No. 10211 "Ordering filing of amended assessment for Harbor Bay Business Park Assessment District 1981 -1." Adopted. *83 -600 Resolution No. 10212 "Authorizing execution of agreement with Pacific Gas and Electric Company to rearrange electrical underground facilities for Assessment District 81 -1, Harbor Bay Business Park." Adopted. *83 -601 Resolution No. 10213 "Authorizing extension of agreement with Harbor Bay Isle Associates for contract administration and coordination for Harbor Bay Parkway Assessment District, 1981 -1." Adopted. INTRODUCTION OF ORDINANCES *83 -602 Ordinance No. , New Series "Authorizing execution of lease between the City of Alameda, Alameda Unified School District, and Alameda Swimming Pool Association relating to the Alameda and Encinal Swim Centers." Passed to print. FINAL PASSAGE OF ORDINANCES *83 -603 Ordinance No. 2167, N.S. "Amending Ordinance No. 1079, N.S. by amending Subsection 8 of Section 4 thereof and amending Ordinance No. 1092, N.S. by amending Subsection 8 of Section 4 thereof, relating to the day and location of meetings of the Pension Board of the City of Alameda." Finally adopted. *83 -604 Ordinance No. 2168, N.S. "Authorizing an amendment to the Tidelands Lease with Encinal Industries, Inc." Finally adopted. BILLS *83 -605 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S803,147.25. RETURN TO REGULAR AGENDA HEARINGS 83 -606 Hearing regarding proposed ordinance relating to community noise. Councilmember Gorman made a motion, seconded by Councilmember Hanna, that Council hear speakers for all of the relative agenda items concurrently as follows: Reports and Recommendations - Report from President of the Planning Board re- garding recent considerations of a proposed ordinance relative to noise, and Introduction of Ordinances - "Amending the Alameda Municipal Code by adding Sections 11 -511 to 11 -5115, relating to community noise." The motion carried by unanimous voice vote - 5. The Secretary of the Planning Board explained the Planning Board's position. He stated the Board concluded an ordinance which was comprehensive enough to cover all various possible potentials had the potential to be: 1) unwiedly, 2) difficult to enforce, 3) a drain on staff resources, and 4) raised the possibility of litigation. In response to inquiry, the City Attorney indicated there were three changes in the draft before Council, which were not in the Board's draft: 1) addition of Article 12, New Equipment; 2) the definition of Health Hazard was changed from a grammatic definition to one of numbers; and 3) the 15 -year amortization was revised to 5 -year amortization. December 6, 1983 Jim Bunton of Brown, Bunton and Associates, an aCCOU3tiCal consultant firm, described the objectives of noise ordinances. Mr. Bunton stated the County noise ordinance was too restrictive for residential areas of Alameda, and proposed to raise the County standards by five decibles. President Diament explained procedures to be used in the hearing. On call for proponents, the following persons spoke: Len Peters, 1003 Tahiti Lane Brian Schumacher, 1811 Harvard Drive Mirjana R. Calic, 1012 Doris Court Jerome Lukas, 2151 Berkeley Way, Berkeley (California Dept. of Health Services John Becker, 2809 Yosemite Street Barbara E. Stevens, 1590 Buena Vista Avenue Edward R. Payne, 3127 Marina Drive Jerome R. Donnelly, 2033 Eagle Avenue William Hillery, 660 Westline Drive Alvera Brochier, 1083 Mangrove Lane Diane Kokot-Ferrari, 1725 Paru Street Christine N. Fawcett, 424 Santa Clara Avenue On call for opponents, the following persons spoke: Dan M. Morgan, 1801 Hibbard Street Peter Wang, Encinal Terminals, 1521 Buena Vista Avenue Councilmember Gorman motioned, seconded by Councilmember Mnn5ef, to close the public portion of the hearing; the motion carried by Unanimous voice vote - 5. Councilmember Gorman motioned, seconded by Councilmember Lucas, Council accept report from President of the Planning Board. REPORTS AND RECOMMENDATIONS 83-507 From President of Planning Board regarding recent considerations of a proposed ordinance relative to noise. The motion carried by unanimous voice vote - 5. Councilmember Gorman motioned, seconded by Councilmember Lucas, to consider the applicable ordinance at this time. The motion carried by unanimous voice vote - 5. 83-008 Introduction of Ordinances , N.S. "Amending the Alameda Municipal Code by adding Chapter 5 to Title XI thereof, consisting of Sections 11-511 to 11-5115, relating to community noise." The City Attorney stated on Page 2, Category 5, the definition of "health hazard" was omitted. He noted it should read "health hazard" means noise which exceeds the Category 5 standard. Councilmember Lucas expressed concern that the definition of New Equipment was not clear enough. December 6, 1983 Councilmember Gorman expressed three concerns: 1) effects of the ordinance on industries unclear, 2) uncomfortable with method of monitoring, and 3) uncomfortable with one noise expectation over the entire City. Councilmember Lucas spoke in support of the ordinance; which, she noted, makes a policy statement that Alameda is a residential community. Council- member Lucas motioned, seconded by Councilmember Monsef, to introduce the ordinance, correct "health hazard" definition, and eliminate section on New Equipment. Councilmember Monsef stated that industry must be compatible with neighborhoods, and noise is a City -wide issue. Councilmember Hanna stated existing..situations should be accepted, new industry should abide by new regulations, and ordinance be adjusted with an arrangement_ which will not over overstress industries. President Diament reaffirmed the City's regard for noise- related health hazards. She also expressed a desire to find solutions for existing industries. After considerable discussion regarding amortization periods, variance provisions, and other cities' ordinances, Councilmember Monsef called for the question. The motion FAILED by the following vote: Ayes: Councilmembers Lucas and Monsef - 2. Noes: Councilmembers Gorman, Hanna and President Diament - 3. Absent: None. Councilmember Gorman motioned, seconded by Councilmember Hanna, to hold the item over to the next Council meeting; directed City Attorney to outline the various amendments discussed. The motion carried by unanimous voice vote - 5. Councilmember Hanna motioned, seconded by Councilmember Gorman, to extend the meeting to 11:30 p.m. Motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 83 -609 From President of Planning Board concerning appointment of a member to the Planning Board. Councilmember Gorman made a motion, seconded by Councilmember Lucas, the report be accepted; the motion carried by unanimous voice vote - 5. 83 -610 From Public Works Director recommending striping of bicycle lanes on Fernside Boulevard between Encinal Avenue and High Street. Councilmember Gorman made a motion, seconded by Councilmember Monsef, the report and recommendation be approved; the motion carried by unanimous voice vote - 5. 83 -611 From Police Chief concerning the arrest of Jessee Mims. Councilmember Lucas made a motion, seconded by Councilmember Monsef, the report be accepted; the motion carried by unanimous voice vote - 5. December 6, 1983 RESOLUTIONS 83 -612 Resolution No. 10214 "Approving execution of grant agreement between City of Alameda and the Economic Development Corporation of Alameda (EDCA)." Donald Dukes, Chairman of Board of Directors of EDCA, stated the Corporation was in favor of grant application and urged Council's support. Mr. Fred Scullin, 1120 Chestnut Street, expressed concern regarding Section .2 -D of Grant Agreement, and the Articles of Incorporation. Mr. Scullin also voiced support of monies being loaned to small businesses. Councilmember Gorman made a motion, seconded by Councilmember Hanna, the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 83 -613 Resolution No. 10215 "Authorizing execution of grant agreement with U.S. Department of Urban Development for funds under the Housing and Community Development Block Grant Program (Ninth Year), and adopting certifications and assurances for receipts of said funds." Councilmember Lucas outlined the three conditions imposed on the City by HUD relative to the grant agreement, and inquired about the proposed low-income rental units on the second floor of Park and Webster Streets businesses. In response, the Community Development Director stated many questions had to he answered before staff could go beyond preliminary identification. Bill Hillery, President of the Alameda Improvement Association, requested Council not authorize execution of grant agreement, nor adopt additional certifications or assurances for receiptsof said funds. Councilmember Gorman motioned, seconded by Councilmember Hanna, the resolution be adopted and amended to include the dohs Bill Program. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None. Councilmember Hanna made a motion, seconded by Councilmember Gorman, to extend the meeting to 12:00 midnight. The motion carried by unanimous voice vote - 5. 33 -614 Resolution No. 10216 "Approving continuation of contract for Landscape Maintenance Service to Cagwin and Dorward Landscape and Engineering Contractors." Councilmember Hanna made a motion, seconded by Councilmember Monsef, to adopt the resolution; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 83 -615 Resolution No. 10217 "National Drunk and Drugged Driving Awareness Week - December 11 -17, 1983." Councilmember Hanna made a motion, seconded by Councilmember Monsef, to adopt the resolution; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. December 6, 1983 INTRODUCTION OF ORDINANCES 83 -616 Ordinance No. , N.S. "An Ordinance authorizing execution of Tidelands Trust Leases with East Shore property owners." The following persons spoke. Edward R. Payne, 3107 Marina Drive George L. Newkirk, 1534 East Shore Drive Jeffrey S. Allen, 1610 Fernside Blvd. The Public Works Director noted two changes in the lease: 1) Page 3, 9th line, change lessor to lessee and change reasonably to unreasonably in the last sentence; 2) under Default, Item No. 4, change to a general paragraph. Councilmember Gorman made a motion to introduce the ordinance, seconded by Councilmember Hanna; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. UNFINISHED BUSINESS 83 -617 President Diament appointed Dorothy Jones as Senior Tenant Commissioner and Joy Johnson as Tenant Commissioner of the Housing Authority. The appointments were confirmed by the consensus of Council. President Diament announced the item withdrawn from the Consent Calendar would be considered at this time. 83 -618 Resolution No. 10218 "Adopting Plans and Specifications for Lincoln Avenue Project, calling for bids and directing City Clerk to advertise same." The Community Development Director delivered a brief presentation on the project. After discussion, Councilmember Gorman made a motion, seconded by Councilmember Monsef, to adopt the resolution. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. ORAL COMMUNICATIONS 83 -619 Mr. John Barnard, Attorney for Bay Farm Island Reclamation District No. 2105, informed the Council that the reappointment of Trustees was effective legally. President Diament announced an Executive Session was scheduled for Thursday, December 8, 1983, at 4:00 p.m. There being no further business to come before the Council, the meeting adjourned at 12:30 a.m. The next regularly scheduled meeting will be held Tuesday, December 20, 1983, at 7:30 p.m. Respectively submitted, DIANE FELSCH Deputy City Clerk December 6, 1983