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1982-03-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MARCH 2, 1982 The meeting convened at 7:30 p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Gorman. The Invocation was given by Rev. Roger Bauer, Immanuel Lutheran Church. ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Absent: None. MINUTES Councilman Diament made a motion, seconded by Councilman Sherratt, that the Minutes of the Regular Council Meeting of February 16, 1982, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilman Gorman made a motion, seconded by Councilman Stone, that all items on the Consent Calendar be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *82 -114 From Public Works Director requesting a hearing be scheduled March 16 1982, regarding possible increase in parking meter rates. Approved. RESOLUTIONS *82 -115 Resolution No. 9700 "Authorizing Fourth of July Parade and route therefor in the City of Alameda." Adopted. *82 -116 Resolution No. 9701 "A resolution of the City of Alameda expressing support of Senate Bill 850 relating to Adult Day Health Care." Adopted. *82 -117 Resolution No. 9702 "Ratifying application for supplemental grant of S125,000 from California Department of Boating and Waterways for Second Phase of Small Boat Ramp and Fishing Facility -- parking lot paving." Adopted. *82 -118 Resolution No. 9703 "Authorizing execution of agreement with Auto - Graphics, Inc. for its services in the production and maintenance of a Library Cooperative Catalog." Adopted. *82 -119 Resolution No. 9704 "Declaring intention of Council to order vacation of a portion of Sixth Street, a public street in the City of Alameda, fixing time and place for hearing thereon, ordering publication and posting of notices of proposed vacation." Adopted. March 2. 1982 INTRODUCTION OF ORDINANCES *82 -120 Ordinance No. , New Series "Amending the Alameda Municipal Code relating to the signing and red curbing modifications at the outside curve area of Westline Drive and Shore Line Drive." Passed to print. FILING *82 -121 Agreement with Auto - Graphics, Inc. relative to Library services. BILLS *82 -122 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S292,294.57. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 82 -123 From Joayn Browman, 3315 Fernside Boulevard, regarding problem caused by routing buses on Fernside Boulevard. Eric Nelson, 3315 Fernside Boulevard, stated that buses were causing a problem. President Corica stated that the Public Works Director had been in touch with Ms. Browman and was working to resolve the issue and that staff would make AC Transit aware of the problem. 82 -124 Signed by 19 persons expressing objections to use of the City Council Chamber for meetings to organize a rent control initiative. Barbara Worden, 990 Oak Street, spoke in opposition to use of the Council Chamber for a meeting to organize a rent control initiative and stated that discussion had not been open to both sides of the issue at the meeting. She requested that guidelines be developed for use of the Council Chamber. Councilman Stone made a motion that the communication be accepted and retain current policy for use of the Council Chamber and that staff use discretion in processing applications; the motion FAILED for lack of a second. After further discussion, President Corica appointed Councilmen Diament and Stone as a subcommittee to investigate and recommend guidelines for use of the Council Chamber. Councilman Gorman suggested a nominal fee be charged to have someone unlock and lock up the building and room after such meetings. 82 -125 From Shirley Bray, Associate Superintendent of Art Patrons, Alameda County Fair, regarding the Exhibition of Fine Arts at the Alameda County Fair. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communica- tion be accepted and Ms. Bray informed that the Council had considered the communica- tion; the motion carried by unanimous voice vote - 5. Councilman Diament noted the Council was not in a position to provide budgetary support. March 2, 1982 HEARINGS 82 -126 Hearing regarding vacation of sanitary sewer easement at intersection of Fernside Boulevard and Washington Street. The Public Works Director stated that the sewer easement was not in use and recom- mended it be abandoned. President Corica explained the procedures to be used in the hearing, and on the call for proponents in favor of the vacation, there were no speakers. On the call for opponents, there were no speakers. President Corica declared the public portion of the hearing closed. Councilman Sherratt made a motion, seconded by Councilman Diament, that the easement be vacated and the applicable resolution considered at this time; the motion carried by unanimous voice vote - 5. RESOLUTIONS 82 -127 Resolution No. 9705 "Ordering vacation of sanitary sewer easement located at intersection of Fernside Boulevard and Washington Street." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. HEARINGS Hearing on Assessment District for Harbor Bay Business Park (District 81 -1). President Corica declared the public hearing open. Bill Munson, Engineer of Work, summarized the project including the Division 4 report and the Engineer's report. Stephen Casaleggio, Bond Counsel, summarized financing of the project. In response to inquiry of President Corica, the City Clerk stated that no written protests had been filed. On the call for proponents in support of the Assessment District, there were no speakers. On the call for opponents or oral protests to the project, there were no speakers. President Corica ordered the public portion of the hearing closed. Councilman Sherratt made a motion, seconded by Councilman Diament, that the applicable resolutions to the Assessment District be considered out of sequence on the agenda; the motion carried by unanimous voice vote - 5. March 2, 1982 RESOLUTIONS 82 -129 Resolution No. 9706 "A Resolution overruling protests and amending Resolution No. 9673, a Resolution of Intention to make acquisitions and improve- ments." Councilman Sherratt made a motion, seconded by Councilman Diament, that the reso- lution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -130 Resolution No. 9707 "A Resolution ordering reduction of assessments - Harbor Bay Business Park Assessment District 81 -1" Councilman Diament made a motion, seconded by Councilman Sherratt, that the reso- lution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -131 Resolution No. 9708 "A Resolution adopting Engineer's Report, confirming the Assessment, Assessment Diagram and Notice of Assessment, appointing Collec- tion Officer, and providing for Notice to Pay Assessments." Councilman Sherratt made a motion, seconded by Councilman Diament, that the reso- lution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. HEARINGS 82 -132 Hearing regarding Cable Television Proposals. President Corica stated that this hearing was for input from public regarding Cable Television, and the Consultant would respond to items brought up by the public at the March 16, 1982, meeting and there would be further opportunity for public input at that meeting. Councilman Sherratt noted a letter had been received from Elliot S. Peterson, favoring CBS and one from Tom and Barbara Woods in support of Island City Communications and that they had noted they would not be able to attend the meeting. Councilman Diament noted a letter had also been received from Dane and Nancy Ericksen who were also unable to attend. On the call for speakers, the following persons spoke: Gerhard Degemann, 304 San Beach Road Fred Scullin, 1120 Chestnut Street Bob Dabney, Peralta College District Rodger Ferragallo, Peralta College District Brian McDonald, 14462 Sherman Street Ben Lea, Teamsters Union Local 856 Dr. Denton, Assist March 2, 1982 James Kennedy, 2447 Santa Clara Rev. Roger Bauer, Immanuel Lutheran Church Ron Goodman, 2974 Northwood Drive Bob Fling, 2160 Lincoln Avenue Bill Thomas, 1518 Pearl Street Elaine Kurlinski, 1815 Schiller Street Alex Gaeto, 2943 Southwood Drive Paul Hammond, 811 Paru Street Betty Sushack, 1725 San Jose Alice Challon, 2601 La Jolla Drive. Joe Durein, 3110 Thompson Terry LaCroix, Jr., 920 Grand Street Irene Hansen, 1444 Benson Street Betty Baca, 886 Cedar Street Doug Durein, 3015 Gibbons Howard Palmer, 1260 St. Charles Street Jac Campbell, 516 Taylor Avenue Bill Hargraves, 1029 San Antonio Bill Kirkland, 1720 Pulmero Court Charles Tillman, 2415 Roosevelt Drive Marie Mason, 1220 Willow Street Glen Sherman, 1407 Page Street, #0 Fran Hargraves, 1629 San Antonio Sal Monoco, 2450 Otis Drive Ed Winberg, 3250 Fernside Boulevard 0. J. McGill, 3257 Madison Street George Phillips, 2068 Central Avenue Lori Nolthenius, 920 Versailles Avenue President Corica declared the hearing closed and noted the matter would again be before the Council March 15, 1982, REPORTS AND RECOMMENDATIONS 82-133 From Director of Recreation and Parks concerning Nonprofit Corporation for the Mastick Senior Center. Councilman Sherratt made a motion, seconded by Councilman Diament, that two members be appointed to the Board of Directors of the Nonprofit Corporation by the Mastick Senior Center Advisory Board and each Councilmember appoint a member which will comprise a seven member board; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted; the motion carried by unanimous voice vote - 5. 82-134 From the Finance Director regarding the Garbage Disposal Contract. Charles Tillman, 2415 Roosevelt Drive, recommended that the City proceed immediately to become a member of the Joint Refuse Rate Committee. The City Manager stated that he agreed with Mr. Tillman's recommendation and planned t0 recommend adoption of a model franchise agreement at the March 16" 1982, meeting. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and the recommendations approved; the motion carried by unanimous voice vote - 5. RESOLUTIONS 82-135 Resolution No. "Calling a Special Election in the City of Alameda for the purpose of submitting to the Electors thereof the question of whether that portion of the City Charter levying and apportioning seven cents per one hundred dollars or assessed valuation of property in Alameda to the Library Fund should be assessed without reference to those limitations imposed on the levy of other Ad Valorem Taxes." 82-135 Resolution No. "Stating and requesting consolidation of a Special Municipal Election to be held Tuesday, June 8, 1982." Dorothy Larzelere, Member of Library Board, expressed concern regarding proposed cuts in funding for Library services. March 2, 1982 Councilman Gorman stated that he did not think the timing was right to place such a measure on the ballot and made a motion, seconded by Councilman Sherratt, that the levy for Library services not be placed on the June ballot as an Advisory Measure nor Charter Amendment Measure. Councilman Stone stated that the City must cut services or have additional revenues, and the people should make the decision on the level of City services. Councilman Diament stated that she would not be comfortable with the 7¢ levy for Library services unless approved by the people and would favor placing it on the ballot. The motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, Stone, and President Corica - 4. Noes: Councilman Diament - 1. Absent: None. Councilman Sherratt made a motion, seconded by Councilman Gorman, that the 7¢ levy to support Library services be instituted; the motion FAILED by the following roll call vote: Ayes: Councilmen Gorman and Sherratt - 2. Noes: Councilmen Diament, Stone, and President Corica - 3. Absent: None. President Corica suggested a reduction in Assistant Department Heads be addressed. Councilman Sherratt requested President Corica provide Council with a plan on that subject and that it be addressed during the budget process. Councilman Gorman noted he had requested an analysis of how eliminating Assistant Department Head positions would affect productivity of the departments. In response to inquiry of Councilman Diament, the City Manager stated staff would investigate possibility of charging for Library services. In response to inquiry of Councilman Gorman as to whether the Grant of Library to City precluded selling the Library, the City Manager stated staff is investigat- ing a lease purchase program and will provide a report. INTRODUCTION OF ORDINANCES 82-137 Ordinance No. , New Series "Amending the Alameda Municipal Code to provide that on-street parking meters in commercial zones presently allowing a maximum parking limit of two hours be changed to allow maximum parking limit of one hour." Councilman Diament made a motion, seconded by Councilman Sherratt, that the ordinance be introduced and passed to print; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82-138 Ordinance No. , New Series "Amending the Alameda Municipal Code by adding Chapter 3 to Title VI thereof establishing sewer service charges, provid- ing for collection thereof and penalty for delinquency, remedies and enforcement, and establishing the Sewer Service Charge Fund." March 2, 1982 Councilman Stone made a motion, seconded by Councilman Diament, that the ordinance be introduced and passed to print; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -139 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending Section 6 -233 and adding Section 6 -238 to increase the City's Sewer Connection Fee and to establish a Sewer Connection Fee Fund." Councilman Diament made a motion, seconded by Councilman Stone, that the ordinance be introduced and passed to print; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 82 -140 Councilman Stone requested a staff report regarding guidelines for attendance of members at Board and Commission meetings be placed on agenda. The City Manager stated he would have a report for the first meeting in April. ORAL COMMUNICATIONS, GENERAL 82 -141 Patricia Bail, 825 Paru Street, spoke regarding problems relative to State regulations requiring second exit for rental units and requested the City allow more time and furnish guidelines. She also filed a petition and requested an appeal procedure be established. The Public Works Director stated property owners are given 30 days from time of notice to apply for building permit and 180 days to accomplish work and an additional 180 day extension could be granted which is a total of one year to complete the work. Councilman Sherratt stated that it was poor legislation, and if the people would get together, he would be happy to host a meeting with the legislators to let them know the problems. ADJOURNMENT 82 -142 President Corica ordered the meeting adjourned to an Executive Session for discussion of litigation and personnel matters. At the conclusion of discussion, it was determined that no action would be taken. There being no further business to come before the meeting, the Council adjourned at 11:30 p.m. to assemble in regular session Tuesday, March 16, 1982, at 7:30 p.m. Respectfully submitted, DEEN SPEEGLE City Clerk March 2, 1982