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1982-05-07 Special CC MinutesSPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD FRIDAY MAY 7, 1982 The meeting convened at 12:00 noon with President Corica presiding. ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Absent: None. 82 -261 Discussion of proposed Cable Television Franchise. President Corica requested input from Councilmembers regarding the proposed Cable Television Franchise with United Cable Television and comments from the negotiating team, Councilmen Diament and Gorman. In response to inquiry of Councilman Stone, the Assistant City Manager stated that an original and copy of the Surety /Performance Bond would be submitted and reviewed prior to issuance of a Franchise. President Corica suggested there be specific language relative to the penalty clause. Councilman Stone made a motion, seconded by Councilman Sherratt, that staff provide a report to both Council and the negotiating team regarding increasing the 5500 per day late penalty; the motion carried by unanimous voice vote - 5. Councilman Stone requested cameras be placed at the two bridges and the Posey Tube, and Councilman Gorman requested the Police Department comment on that subject. Councilman Stone requested the matter of cable attachments to City poles be reviewed by the Public Utilities Board and also the Planning Department if arm attachments are utilized. She further requested experienced persons perform the labor on the poles and installers. The City Manager stated he would convey the concerns to Public Utilities Board and Bureau of Electricity staff. Councilman Sherratt expressed concerns regarding frequency of performance checks, how you check and define "State of the Art," and process of rate reviews. Les Page, Consultant, noted FCC requires an annual performance check and the City's franchise ordinance contains certain levels of specifications. In response to Councilman Stone's suggestion for a seven member advisory board versus a fifteen member board, Councilman Gorman stated that the negotiating team would review the matter. In response to inquiry of Councilman Stone regarding language limiting prohibitive programming, the Assistant City Manager stated that United Cable had agreed to 10 hours of local orgination per week. At the request of the City Manager, Councilman Sherratt made a motion, seconded by Councilman Diament, to approve payment of $3,200 expenses to Les Page, Consultant, as outlined in the City Manager's memorandum of April 20; the motion carried by unanimous voice vote - 5. The meeting adjourned at 1:20 p.m. DEEN SPEEGLE, City Clerk May 7, 1982 *82 -269 Resolution No. 9748 "Authorizing the City Manager to execute contracts between the City of Alameda and private property owners for the development of Section 8 Rental Units assisted with Community Development Block Grant Funding." Adopted. FINAL PASSAGE OF ORDINANCES *82 -270 Ordinance No. 2091, New Series "Authorizing acquisition of certain real property from the Alameda Unified School District of Alameda County for the extension of Fernside Boulevard." Finally adopted. FILING *82 -271 Agreement in connection with Parcel Map No. 3755 - Alameda Marina Village. BILLS *82 -272 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S177,072.81. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 82 -273 From President of Mastick Senior Center Advisory Board submitting appointments to Board of Directors for the proposed nonprofit corporation for the Mastick Senior Center. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communica- tion be accepted and the recommendation of the Board to appoint Frank McCormick and Dorothy Henry approved; the motion carried by unanimous voice vote - 5. President Corica noted that the Council would make two appointments to the Board of Directors of the proposed nonprofit corporation and nominated Cal Santare. The nomination was seconded by Councilman Diament and carried by unanimous voice vote - 5 President Corica nominated Patricia Gustin for appointment to the Board of Directors. The nomination was seconded by Councilman Diament and carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report from the Recreation Commission submitting appointment to Board of Directors be con- sidered out of sequence on the agenda; the motion carried by unanimous voice vote - 5 82 -274 From Chairman of Recreation Commission submitting appointment to Board of Directors of the proposed nonprofit corporation for the Mastick Senior Center. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and Howard Brownson appointed to the Board of Directors; the motion carried by unanimous voice vote - 5. 82 -275 From Harrie Calder, 3458 Morrison Street, Oakland, requesting assistance to hold a Variety Benefit Show for the Muscular Dystrophy Association of Alameda County. May 11, 1982 Mr. Calder requested the Council support and sponsor the proposed event. Councilman Sherratt noted funds were not available for financial assistance and suggested Mr. Calder contact the Historic Alameda High School Foundation as he was proposing the event be held there. President Corica noted the Chamber of Commerce might be interested in working with Mr. Calder on the project. Councilman Stone requested staff provide Mr. Calder with information regarding past procedures and policies. Councilman Sherratt made a motion, seconded by Councilman Diament, that the com- munication be accepted; the motion carried by unanimous voice vote - 5. 82 -276 From Svend Svendsen, 3026 Gibbons Drive, regarding lack of maintenance at the Municipal Golf Course. Councilman Sherratt made a motion that the communication be accepted and referred to Golf Commission for response to Mr. Svend. Councilman Gorman seconded the motion, and offered an amendment to the motion, accepted by Councilman Sherratt, that concerns in the communication be addressed by staff and the Golf Commission and a comparison submitted to Council on alternative methods of maintaining the Golf Course; the motion, as amended, carried by unanimous voice vote - 5. 82 -277 From Andrew Bates submitting budget formats. Mr. Bates, 1514 Broadway, explained the formats and suggested Council consider their merit. Councilman Stone requested the City Manager to submit an economic and reduced funding service level analysis for budget considerations. Councilman Stone made a motion, seconded by Councilman Gorman, that the communication be accepted and the material be available for budget sessions. Councilman Sherratt requested formats be referred to Finance Director for comment. The motion carried by unanimous voice vote - 5. 82 -278 From Joseph M. Sullivan, 3221 Liberty Avenue, recommending that the Council recind the April 6, 1982, vote relative to Cable Television Franchise or submit selection of Franchisee to a vote of the electorate. Mr. Sullivan spoke in support of his recommendation. Councilman Stone noted that Council had received a memo dated May 7, 1982, from the City Attorney regarding the Cable Television Franchise vote and requested a copy of the memo be available to Mr. Sullivan and any other interested parties. Councilman Sherratt made a motion, seconded by Councilman Stone, that the com- munication be accepted; the motion carried by unanimous voice vote - 5. May 11, 1982 82 -279 From Helene Ullner, 721 Santa Clara Avenue, regarding street sweeper noise in early morning hours at the "W" Parking Lot. President Corica noted that the Public Works Director had been working with Ms. Ullner attempting to solve the problem. Councilman Diament made a motion, seconded by Councilman Sherratt, that the communication be accepted and filed; the motion carried by unanimous voice vote - 5. HEARINGS 82 -280 Hearing regarding 8th Year Community Development Block Grant Proposed State- ment of Objectives and Projected Use of Funds. The Program Coordinator summarized the Proposed Statement of Objectives and Projected Use of Funds in the total amount of S1,346,697. In response to inquiry of Councilman Stone as to whether the $278,000 designated for scattered housing could be used for rehabilitation in lieu of new construction, the Program Coordinator stated staff would discuss with the Department of Housing and Urban Development (HUD). Councilman Sherratt requested staff investigate whether Housing and Community Develop- ment Act (HCDA) funds could be used to purchase existing construction or to provide low- interest loans to first time home buyers. President Corica declared the public portion of the hearing open. Josephine Bixler, 814 Haight Avenue, inquired regarding status of monies for curb cuts to provide accessibility for the handicapped. The City Manager stated that S84,000 had been set aside but would not be available for curb cuts until the City had met housing goals. Clarice Minot, 3022 Gibbons Drive, requested Abatement Program. 5,000 be budgeted to begin a Noise John Ravet, West Alameda Business Association, spoke in support of street trees and other improvements to the Webster Street Business Area. Jim Revoir, Chamber of Commerce, also spoke in support of improvements to Webster Street Business Area and recommended the Economic Development Committee review the proposal for S155,000 for improvements on Lincoln Avenue. Joy Johnson, 1865 St. Charles Street, noted that the allocation for park improvement near Parrot Village included a Community Garden and requested additional funds for the mini -park. Donna Rider, 1893 St. Charles Street, spoke in support of the mini -park, Jim Wilson, 1536, #A, Mozart Street, and Rev. John Foley, 3005 Van Buren, spoke in support of the Community Garden Project. Councilman Diament expressed concern regarding allocation of funds for new multi- purpose room at Mastick Senior Center and suggested staff investigate alternative for more beneficial use of funds at Mastick Senior Center. May 11, 1982 Councilman Gorman requested staff investigate additional funding for the projects at the park, the mini -park and Community Garden Project. City Manager stated that could probably be funded from the Contingency Fund. Janet Waring, 3317 Constance, spoke in support of Noise Abatement Program. After discussion of noise created by airplanes, Councilman Sherratt recommended that a letter be sent to the Port of Oakland and FAA informing them of complaints of excessive airplane noise and requesting they instruct aircraft over San Leandro Bay rather than Alameda. Councilman Gorman recommended also inquire if they are complying with agreement regarding use of the North Field by jets. Councilman Stone requested staff to send a letter to HUD to clarify whether HCDA funds could be used for a Noise Abatement Program under the health and safety provision and ask for a waiver, if necessary. Councilman Sherratt made a motion, seconded by Councilman Stone, that letters be sent to Port of Oakland, FAA, and HUD as recommended above; the motion carried by unanimous voice vote - 5. Councilman Stone requested staff to send a letter to HUD as to whether the funds could be used for renovation of the Library for facilities for the handicapped, to include the median income of Alameda residents and the inordinate number of senior citizens, and to request a waiver, if necessary. The City Manager noted that HUD had recently requested verification that the majority of persons using the Mastick Senior Center were moderate or lowincome individual. Councilman Stone requested a comparison of that requirement as it relates to the Older Americans Act as it appeared in conflict. After discussion, Councilman Stone made a motion, seconded by Councilman Sherratt, that staff prepare a study on renovation of the Library as it relates to the elderly and handicapped and submit to Council for approval for qualification under 201 -K relating to architectural barriers; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Stone, that staff resF_:arch and report to Council on the three items brough forth: renovation of the Library, noise abatement, and allocation to the park site; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 82 -281 From President of Public Utilities Board requesting Council approval of the Bureau of Electricity's retention of any excess net income for Fiscal Year 1982. The following persons spoke in support of the Bureau of Electricity retaining any excess new income for Fiscal Year 1982 for return to rate payers: Charles Tillman, 2415 Roosevelt Drive Joseph Sullivan, 3221 Liberty Avenue Larry Patton, 1020 San Antonio Avenue May 11, 1982 Councilman Diament made a motion, seconded by Councilman Sherratt, to approve the Bureau of Electricity's retention of any excess net income for Fiscal Year 1982 for return to the rate payers; the motion carried by unanimous voice vote - 5. 82 -282 From City Manager transmitting Ralph Andersen & Associates recommendations concerning Housing Authority operations. This item was held over to June 1, 1982. Charles Tillman, 2415 Roosevelt Drive, expressed objections to the item being held over and stated that the report did not give enough detail in several areas. 82 -283 From Finance Director submitting Quarterly Financial Report and Forecast. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted; the motion carried by unanimous voice vote - 5. 82 -283a From Public Works Director regarding improvements for City Hall parking lot. Councilman Sherratt stated that Councilmembers would not use five parking spaces all of the time and made a motion, seconded by Councilman Stone, that the report be accepted and recommendations approved with the exception that designated Council spaces be three rather than five; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report regarding the parking structure which was withdrawn from the Consent Calendar be considered at this time; the motion carried by unanimous voice vote - 5. 82 -284 From Public Works Director submitting status report on proposed parking structure for City Parking Lot A. Jim Revoir, Chamber of Commerce, stated that the Board had reviewed the plans and either was acceptable. Bernard Roney, Park Street Merchants Association, stated that although the Association favors Plan #1, their primary concern is to get it under construction. He requested information regarding the proposed assessment. The City Manager stated staff is reviewing assessments, and the Business District would have ample time to review the issues and an opportunity to address the Council. Councilman Gorman recommended the Traffic Advisory Committee (TAC) review the two plans. Councilman Sherratt made a motion, seconded by Councilman Gorman, that the report be accepted and Plan #2 approved unless the TAC has objections; the motion carried by unanimous voice vote - 5. RESOLUTIONS 82 -285 Resolution No. 9749 "Appointing Jack C. Balaz a Member of the Library Board. 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. President Corica noted the Oath of Office would be administered in the City Clerk's Office. May 11, 1982 82 -286 Resolution No. 9750 "Urging rejection of all financial cuts in Federal and State Programs for the handicapped." Councilman Sherratt made a motion, 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 -287 Resolution No. 9751 "Requesting and authorizing the County of Alameda to levy a seven cent tax, in addition to present levies, on each $100 of assessed valuation in the City of Alameda as a voter approved levy for the Library Fund, pursuant to section 16 -2 of the Charter of the City of Alameda." Councilman Gorman made a motion, seconded by Councilman Sherratt,that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, and President Corica - 3. Noes: Councilmen Diament and Stone - 2. Absent: None. INTRODUCTION OF ORDINANCES 82 -288 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending Sections 17 -432 and 17 -461 thereof to provide for Stop Signs at various locations on Eagle Avenue." 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. UNFINISHED BUSINESS 82 -289 Councilman Stone stated that although staff had communications with AC Transit concerning excessive speed of buses, there is still a problem and made a motion, seconded by Councilman Gorman,that staff be directed to set up a meeting with AC Transit regarding excessive speed of buses and report findings to Council; the motion carried by unanimous voice vote - 5. 82 -290 Councilman Sherratt noted that some campaign signs were hanging on crossbars illegally and requested the City Attorney to send a letter to the candidates. ADJOURNMENT 82 -291 President Corica ordered the meeting adjourned to Executive Session for discussion of litigation and personnel matters. The Council, staff, and members of public stood in a moment of silent tribute to the memory of William Hay as the Council adjourned to Executive Session. At the conclusion of discussion, 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 10:10 p.m. to meet in regular session Tuesday, May 18, 1982, at 7:30 p.m. Respectfully submitted, DEEN SPEEGLE, C May 11, 1982