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1982-04-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY APRIL 20, 1982 The meeting convened at 7:00 p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Diament. The Invocation was given by Rev. Wallace Riches, Twin Towers United Methodist Church. ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Absent: None. MINUTES Councilman Sherratt made a motion, seconded by Councilman Diament, that the Minutes of the Regular Council Meeting of April 6, 1982, be approved as submitted; the motion carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 82 -231 Joint Work Session with the Mayor's Committee for the Handicapped. Willa Lindsey, Chairman of the Committee, introduced other members of the Committee present: Pat Michel, Bob Nicol, and Ed Cooney. Ms. Lindsey summarized activities and plans and goals of the Committee. After discussion of the proposed bylaws, Councilman Sherratt recommended that the bylaws be approved as submitted with the following exceptions: 1) That appointments continue to be made by the Mayor as is current practice; and 2) That attendance requirements conform to City policy for Boards and Commissions. The recommendation was accepted by consensus of Council. CONSENT CALENDAR Councilman Sherratt made a motion, seconded by Councilman Diament, 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 adopted are indicated by ( *).] *82 -232 From Finance Director submitting Interest Report for March, 1982. Accepted. *82 -233 From Public Works Director recommending an extension of time of one year to March 9, 1983, to complete subdivision improvements for Tract 3645, Harbor Bay Isle. Approved. RESOLUTIONS *82 -234 Resolution No. 9738 "Expressing the City of Alameda's concern over frequency of major traffic accidents in the area involving commercial trucks; expressing concern over hazardous driving practices of truckers on local highways; and supporting current efforts to alleviate present conditions." Adopted. April 20, 1982 FINAL PASSAGE OF ORDINANCES *82 -234 Ordinance No. 2090, New Series "An ordinance of the City Council of the City of Alameda authorizing the issuance of refunding bonds by the Northern California Power Agency (RFL Geothermal Project)." Finally adopted. FILING *82 -235 Specifications relative to Excess Workman's Compensation Program. BILLS *82 -236 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S81,648.45. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 82 -237 Ffrom Lina Kahn, 1304 Fernside Boulevard, requesting that the bus stop in front of 1300 -1304 Fernside Boulevard, be removed or changed to another location. Ms. Kahn expressed concern regarding student activities at bus stop, such as vandalism and verbal abuse, and requested the bus stop be removed or changed to another location. Rachel Higgins, 1300 Fernside, spoke in support of her request. Councilman Sherratt made a motion, seconded by Councilman Stone, that the City Manager's recommendation to refer the request to staff for review and to AC Transit for review and possible action be approved and that the School District be requested to provide supervision in the interim and directed Police Department patrol the site. Councilman Stone requested the PTA be informed of the request. Councilman Gorman requested AC Transit be informed plexiglass shelters have become very unsightly. The motion carried by unanimous voice vote - 5. 82 -238 From Mastick Senior Center Advisory Board regarding composition of the Board of Directors of a new nonprofit corporation to be formed for the purpose of raising funds for the Center and its programs. Sig Bray, 2045 Central Avenue, recommended the Council appoint senior citizens to the Board of Directors. John Guidici, President of Mastick Senior Citizen, summarized the three alternative recommendations submitted by the Board regarding appointments to Board of Directors for the nonprofit corporation. He recommended that the bylaws be discussed further at a later date. President Corica suggested bylaws be discussed further after appointments to Board of Directors have been completed. April 20, 1982 Councilman Sherratt made.a motion, seconded by Councilman Diament, that recommendation No. 3 from the Mastick Senior Center Advisory Board be approved with the exception that appointees of Council not required to be seniors and the President of the Mastick Senior Center Advisory Board be designated as an ex- officio member of the Board of Directors of the nonprofit corporation; the motion carried by unanimous voice vote - 5. Councilman Gorman made a motion, seconded by Councilman Sherratt, that the Mastick Senior Center Advisory Board make their appointments to the Board of Directors of the nonprofit corporation first and that Councilmembers submit names for con- sideration of their appointments; the motion carried by unanimous voice vote - 5. 82 -239 From Art Thoms, 570 Amber Isle, regarding possibility of reducing the S1,000 fee for the proposed General Plan Amendment and rezoning of the lot located at 1198 Park Street. Mr. Thoms stated he felt the $1,000 fee for the General Plan Amendment was excessive and requested a reduction of the fee. John Barni, 1227 Bay Street, stated that he felt a flat fee of 51,000 was excessive for a General Plan Amendment. After discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be accepted and the request for a reduction in fee denied; the motion carried by unanimous voice vote - 5. The City Manager stated he planned to review the fee schedule this year, and Councilman Stone requested the information regarding the fee schedule be available to Council for budget deliberations. 82 -240 From Joseph M. Sullivan, 3221 Liberty Avenue, regarding Article III, Sec. 3 -4 of the City Charter relative to voting of members of the Council. Mr. Sullivan expressed opposition to the point system used by the Council to rank applicants who submitted proposals for the Cable Television Franchise and requested the Council to take a vote on individual companies. In response to inquiry of Gerhard Degemann, 304 Sand Beach Road, President Corica stated that meetings regarding negotiations relative to the Cable Television Franchise would be open to the public unless litigation issues were involved. President Corica noted that the Council agreed to the procedure for ranking Cable Television applicants, and after the rankings were read, the Council reaffirmed by a vote of four to one. After Council discussion, Councilman Stone made a motion, seconded by Councilman Diament, that the point system, or preferential voting as described in Robert's Rules of Order, not be employed by the Council in the future and that procedure incorporated in an ordinance. Councilman Sherratt stated that such action would limit flexibility in the future, and the Council should address matters as they come up. The motion carried by the following roll call vote: Ayes: Councilmen Diament and Stone and President Corica - 3. Noes: Councilmen Gorman and Sherratt - 2. Absent: None. April 20, 1982 Bill Thomas, 1518 Pearl Street, expressed opposition to the Council vote in ranking United Cable as first choice for the Cable Television Franchise. Councilman Sherratt made a motion, seconded by Councilman Diament, that the com- munication be accepted; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 82 -241 From President of Library Board regarding Library Budget FY 1982 -83 - problems and possible solutions. Margery Fredericks, President of the Library Board, expressed concerns regarding Budget for Library for FY 1982 -83 and presented a petition to President Corica with more than 2,000 signatures supporting the Library. The Librarian presented a film featuring the Alameda Free Library which will be shown on nationwide television. The following persons spoke in support of funding for Library services: Don King, Vice President of Library Board Dorothy Larzelere, Member of Library Board Charles Tillman, 2415 Roosevelt Drive Fred Scullin, 1120 Chestnut Street Carol Smart, School District Librarian Alice Huie, 1439 - 5th Street Elizabeth Rogers, 1261 Weber Street Penney Brewer, 2045 Buena Vista Avenue Gayle Artimisi, 26583 Colette Street After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Gorman, that the Council consider instituting the tax exemption for the Library contained in the City Charter at the next meeting. Councilman Stone requested staff analysis of revenue the tax exemption for the Library would generate and an analysis of the impact on an average household of special tax necessary to fund projected 1.2 million dollar deficit for all City services. The motion carried by unanimous voice vote - 5. 82 -242 From President of Social Service Human Relations Board concerning alcohol and drug abuse. Deanna Johe, Member of Social Service Human Relations Board, spoke in support of the report expressing concern relative to alcohol and drug abuse. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and the Social Service Human Relations Board requested to work with the Recreation Commission and come back to Council with ideas to communicate with youth regarding alcohol and drug abuse such as setting up a one -day rap session; the motion carried by unanimous voice vote - 5. Lou Baca, Member of Social Service Human Relations Board, spoke in support of the motion. April 20, 1982 82 -243 From City Manager transmitting Ralph Andersen & Associates' recommendations concerning Housing Authority operations. William Trujillo, Chairman of Housing Commission, requested Council defer action on the report until the Housing Advisory Commission and Housing Authority could hold a joint meeting. Joseph Sullivan, 3221 Liberty Avenue, spoke in opposition to placing Housing Authority staff under the City Manager. Councilman Sherratt made a motion, seconded by Councilman Gorman, that a Joint Meeting be scheduled with the Housing Commission the first meeting in May (May 11). Councilman Garman stated he had noticed differences in the Ralph Andersen report and the HUD report and had requested staff to investigate. He requested that no organizational or staffing changes be made in Housing Authority until Council had a chance to consider the reports. The motion carried by unanimous voice vote - 5. 82 -244 From Community Development Director recommending a public hearing be scheduled for consideration of 8th Year Community Development Block Grant Proposed Statement of Objectives and Projected Use of Funds. Karin Lucas, Alameda Improvement Association, spoke in opposition to the proposed Statement of Objectives and Projected Use of Funds and submitted an alternative proposal. She further stated Community Development . funds could be used for Library services. President Corica requested staff to submit information regarding possibility of using funds for Library and that the dollar amount for Administration projection be left open. In response to Council discussion and inquiry, the City Manager recommended the hearing be scheduled the first meeting in May, and in the interim, staff submit a revised Proposed Statement of Objectives to Council with Community Development and Economic Development aspects shown so that some funds would not have specific projects in order to leave some discretion. Councilman Diament made a motion, seconded by Councilman Stone, that the hearing be scheduled the first meeting in May (May 11); motion carried by unanimous voice vote - 5. It was consensus of Council that the City Manager's recommendation be approved. 82 -245 From Public Works Director regarding proposal from Encinal Terminals for a trade of land for a new Corporation Yard site. Councilman Stone made a motion, seconded by Councilman Sherratt, that the report be accepted and staff directed to continue negotiations; the motion carried by unanimous voice vote - 5. RESOLUTIONS 82-246 Resolution No. 9739 "Approving specifications and authorizing release of Requests for Proposals for the City of Alameda /Bureau of Electricity Excess Workers' Compensation Insurance Program." April 20, 1982 Councilman Sherratt made a motion, seconded by Councilman Diament, 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 82-247 Resolution No. 9740 "Approving the application for Grant Funds under the Roberti-Z'Berg Urban Open-Space and Recreation Program for Lincoln Park and Washington Park irrigation installation." Councilman Sherratt made amVtion, seconded by Councilman Gorman, 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. 82-248 Resolution No. 9741 "Opposing Assembly Bill 2418 concerning transfer of increased property taxes to schools." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following r0]] call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None, Absent: NVne, 82-249 Resolution No. 9742 "Supporting Senate Bill 500 which would eliminate joint and several liability in a law suit." 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. 82-250 Resolution No. 9743 "Supporting continued funding for Federal Land & Water Conservation Funds during Fiscal Year 1982-83." 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. INTRODUCTION OF ORDINANCES 82-251 Ordinance No. , New Series "Authorizing acquisition of certain real property from the Alameda Unified School District of Alameda County for the extension Of Fernside Boulevard." Councilman Store made a motion, seconded by Councilman Gorman, 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 82-252 Consideration of appointment of Member to Library Board. President Corica nominated Jack C. Balaz for appointment to the Library Board. The nomination was seconded by Councilman Sherratt, and approved by unanimous voice vote - 5. April 20, 1982 Councilman Diament noted there were a number of well - qualified applicants and suggested Mayor Corica contact them to see if they would be willing to assist the Friends of the Library. President Corica indicated he would contact the applicants in that regard. 82 -253 In response to inquiry of Councilman Diament, the Public Works Director stated that the Bay Farm Island Recreation Center would be inspected by the Building Department and a letter written to the Recreation and Parks Department as to the structural integrity of the building. The City Manager stated that an appraisal would be made on the building. NEW BUSINESS 82 -254 President Corica referred to a Cable Television Convention scheduled the week of May 3, 1982, and stated that he felt there was no advantage in the Council attending another Cable Television Convention. Councilman Diament spoke in support of his position. Councilman Sherratt stated that the agenda was worthwhile, and it would be beneficial to Council to know what is going on in the industry. Charles Tillman, 2415 Roosevelt Drive, spoke in opposition to Council attending the Convention. Pat Flanagan, businessman in Alameda, spoke on the matter. After further discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that the Regular Council Meeting of May 4, 1982, be adjourned to May 11, 1982, so Councilmembers who wish may attend the Convention; the motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, and Stone - 3 Noes: Councilman Diament and President Corica - 2. Absent: None. 82 -255 Councilman Stone stated that ACTEB /ACAP had made a recommendation to the Board that HOPE be defunded, and it would be her impression the recommendation would be approved. She suggested staff investigate in order to research the housing contract with HOPE. The City Manager stated he would verify. ORAL COMMUNICATIONS, GENERAL 82 -256 Fred Scullin, 1120 Chestnut Street, referred to a proposal submitted to Planning Board by Recreation and Parks Department and stated that he felt a member of Recreation and Parks staff should have been present at Planning Board meeting when proposal was presented. 82 -257 Lou Baca, 886 Cedar, stated that all Councilmembers had been voted into honorary membership of Alameda Poets and invited to celebrate Poets Week and "Book Opening" Sunday, May 8, 1982, at 1300 Grand Street, from 2:00 - 4:00 p.m. ADJOURNMENT 82 -258 President Corica ordered the meeting adjourned to an Executive Session for discussion of litigation and personnel matters. Members of Council, staff and the community stood in a moment of silent tribute to the memory of William Ward. April 20, 1982 At the conclusion of discussion in Executive Session, it was determined that no action would be taken at this time. There being no further business to come before the meeting, the Council adjourned at 11:20 p.0. to meet in Regular Adjourned Session Tuesday, May 11, 1982, at 7:30 p.m. Respectfully submitted, DEEN SPEEGLE City Clerk April 20, 1982