Loading...
1980-04-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY APRIL T5, 1980 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Tillman. The Invocation was given by Rev. Don Taylor, Central Baptist Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES Councilman Diament made a motion, seconded by Councilman Sherratt, that the Minutes of the regular Council meetings of March 18, 1980, and April 1, 1980, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilman Sherratt made a motion, seconded by Councilman Stone, that all of the following items on the Consent Calendar be approved; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. Items so enacted, adopted, or approved are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *80-266 From Secretary of the Planning Board requesting that the Council schedule a hearing Tuesday, May 6, 1980, on the proposed Historic Preservation Element of the General Plan and a review of a Negative Declaration. Approved; the Council set the hearing date of Tuesday, May 6, 1980 - 7:30 p.m. *80-267 From Burton Crowell, Project Coordinator, concerning the status of Patton Way. Accepted. *80-268 From City Engineer submitting status report on the burned-out dwelling at 1807 Santa Clara Avenue, Accepted. The Council set the hearing date of May 6, 1980 - 7:30 p.m. RESOLUTIONS *80-269 Resolution No. 9272, "Amending personal services agreement between City and Peter A. Ekstein (Housing Rehabilitation Specialist)." Adopted. *80-270 Resolution No. 9273, "Naming City representatives authorized to acquire Federal surplus property from the California State Agency for surplus property." Adopted. *80-271 Resolution No. 9274, "Approving the application for grant funds under the Roberti-Z'Berg Urban Open-Space and Recreation Program (Block Grant) (Shoreline Park Project)." Adopted. *80-272 Resolution No. 9275, "Accepting conveyance from Alameda Unified School District of thirty-foot strip of land extending from present end of Washington Street." Adopted. April 15, 1980 *80 -273 Resolution No. 9276, "Ordering vacation of portions of roadway easements (Fernside Boulevard) (U.01 of an acre, more or less)." Adopted. *80 -274 Resolution No. 9277, "Designating the City Manager to execute applications and documents for purpose of obtaining Federal financial assistance under the Federal Civil Defense Act of 1950, as amended." Adopted. FINAL PASSAGE OF ORDINANCES *80 -275 Ordinance No. 2007, New Series, "Conveying to Ponderosa Homes a thirty - foot strip of land extending from present end of Washington Street." Adopted. BILLS *80 -276 An itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $108,616.80. FILING *80 -277 Amendment to personal services agreement with Peter A. Ekstein. RETURN TO REGULAR AGENDA 80 -278 From California Chiropractic Association, signed by James Gentry, D. C., requesting that the Council issue a proclamation designating May, 1980, as "Correct Posture Month" in the City of Alameda. Councilman Diament made a motion, seconded by Councilman Sherratt, that the proclamation be approved; the motion carried by unanimous voice vote - 5. President Corica stated that the proclamation had been prepared and would be forwarded to the California Chiropractic Association. 80 -279 From Alameda County Mosquito Abatement District, signed by Fred C. Roberts, Manager, reporting on the current mosquito situation. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the communication be accepted and staff directed to forward any complaints regarding mosquitoes to the Mosquito Abatement District; the motion carried by unanimous voice vote - 5. 80 -280 From Hospital Equipment Services, signed by Robert Lauderdale, regarding paramedical ambulance services. President Corica noted that the City currently has a contract with Alameda County for emergency ambulance services and that the Alameda Fire Department has an excellent emergency staff. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be accepted; the motion carried by unanimous voice vote - 5. 80 -281 From Takuo Kanno and Associates, signed by Takuo Kanno, requesting interpretation of the condition that the southernmost section extending into the park in Tract 4206 be developed last. April 15, 1980 President Corica stated that a condition that the southernmost section extending into the park in Tract 4206 be developed last was imposed in October, 1978. He further stated that a recent staff report indicated there is no funding available for development and recommended that the condition be deleted. Councilman Tillman made a motion, seconded by Councilman Sherratt, that the previously imposed condition be deleted; the motion carried by unanimous voice vote - 5. 80 -282 From Giff Rogers, 1628 Fernside Boulevard, regarding proposed private recreational moorage facility to be constructed on City tidelands. The City Engineer stated that he received a communication from Bay Conservation Development Commission (BCDC) stating that unless a lease agreement is executed petween the City and Mr. Rogers, the City would be considered a co- applicant. Joseph Sullivan, 3221 Liberty Avenue, spoke in opposition to private use of the public property. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be accepted, that Mr. Rogers be notified that a public hearing will be held regarding use of tidelands and public access, and that the hearing be scheduled as soon as possible; the motion carried by unanimous voice vote - 5. 80 -283 From Office of Emergency Services, signed by Director Alex Cunningham, regarding determination that it is not necessary to invoke provisions of the State Natural Disaster Assistance Act relative to South Shore Beach. President Corica stated that the Office of Emergency Services had written a letter stating that we would not receive funds for restoration of South Shore Beach area and recommended that the City Attorney review the matter to see if additional steps can be taken to try to obtain funding. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that the communication be accepted and the matter referred to the City Attorney for review and comment back to Council; the motion carried by unanimous voice vote - 5. William Hildebrand, 1031 Eagle Avenue, expressed his views regarding the possibility of obtaining funding for restoration of the beach and stated he felt the City might still have an appeal. HEARINGS 80 -284 Hearing to consider CABLE TV in the City of Alameda. President Corica stated that this would be an opportunity for public input as to whether the citizens of Alameda wish to have CABLE TV. President Corica explained the procedures to be used in the hearing and called for proponents in favor of CABLE TV. April 15, 1980 The following persons spoke in favor of CABLE TV: Robert Fling, 2160 Lincoln Avenue Roger Ferragallo, Laney College Richard Turner, Laney College William Orr, 1079 Park Avenue Bill Paden, 1223 Ballena Boulevard 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 City Manager's Office be instructed to pursue CABLE TV for the City of Alameda; the motion carried by unanimous voice vote - 5. President Corica expressed appreciation to Dr. Paden, Dr. Jaber, and Dr. Anders for information they had furnished regarding CABLE TV and invited them to submit any additional information they might have on the matter. Councilman Diament invited Mr. Fling, Mr. Ferragallo, and Mr. Turner who previously spoke to also submit any information they might have. Councilman Tillman stated he had collected a substantial file on CABLE TV and that he would transmit his file to the City Manager for his use. 80 -285 Hearing regarding the preliminary application for the Sixth Year Housing and Community Development Act (HCDA) Funds. The City Manager stated that staff is in the process of developing a submittal for Sixth Year Funding for HCDA Funds and that HUD has indicated the submittal would have to be targeted toward housing for moderate and low - income persons. President Corica explained procedures to be followed during the hearing, and on the call for proponents in favor of the HCDA application, the following persons spoke: William Hildebrand, 1031 Eagle Avenue Kay Wright, 230 Maple Way John Fenstermacher, Housing Authority Boardmember Grace Douglas, Housing Authority Boardmember Dorothy Allen, 1020 Pacific Avenue Josephine Bixler, Chairperson of the Mayor's Committee for the Handicapped, requested that curb cuts to aid accessibility for the handicapped be included in the application. Councilman Diament suggested that it might be helpful if a statement from the Committee were included in the application to HUD. Councilman Tillman requested that copies of the letter from Executive Director of the Housing Authority dated April 15, 1980, and the City Manager's report dated April 14, 1980, regarding HCDA Funds be forwarded to Housing Authority Boardmembers before their next meeting. Councilman Tillman also requested that the Alameda Board of Realtors be notified of the hearings regarding the HCDA application. April 15, 1980 On the call for opponents, there were no speakers. President Corica declared the hearing closed and noted that the second hearing on the Sixth Year Housing and Community Development Act (HCDA) Fund application would be held on Tuesday, May 6, 1980, at 7:30 p.m. REPORTS AND RECOMMENDATIONS 80 -286 From Chairperson of the Mayor's Committee for the Handicapped regarding letter to Alpha Beta relative to accessibility of the store to handicapped persons. President Corica stated that the Handicapped Committee had sent a communication to Alpha Beta regarding problems of accessibility for the handicapped and suggested that in the future such communications be submitted to Council for a decision as to how such communications should be handled for maximum effectiveness. He further stated that if such correspondence indicated Council support, they might be more effective and that the Committee would be provided copies of all correspondence regarding these matters. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and that Mayor Corica send a letter to Alpha Beta stating that there are obstacles to the handicapped at the store and request that they respond to City staff. President Corica suggested that the City Manager correspond with Alpha Beta inasmuch as his staff is in contact with the Handicapped Committee on a regular basis and would have more information. Councilman Sherratt amended his motion, accepted by Councilman Stone, that the City Manager be directed to send a letter to Alpha Beta regarding the concerns of the Handicapped Committee; the motion, as amended, carried by unanimous voice vote - 5. Josephine Bixler, Chairperson of the Handicapped Committee, spoke in support of the motion and stated that two other letters had been sent to organizations regarding problems with accessibility, and the Committee had received no response. The City Manager stated he would place those two items on the Council agenda of May 6, 1980. Louis Baca, Social Services Human Relations Boardmember, spoke in support of the motion. 80 -287 From City Manager recommending purchase of furniture for the new Bay Farm Island Library on the open market. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the report be accepted, bidding procedures waived, and the City Manager authorized to purchase furnishings on the open market for the Branch Library at a cost of $46,826; the motion carried by unanimous voice vote - 5. 80 -288 From City Engineer recommending approval of the second contribution of $9,100 to the revolving fund under the Joint Exercise of Powers Agreement for Control of Wet Weather Overflows and Bypasses. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted and the recommendation of the City Engineer approved; the motion carried by unanimous voice vote. April 15, 1980 1. 80 -289 From Purchasing Agent recommending that the Council authorize sale of the house at 3288 Encinal Avenue. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and authorized the sale of the house at 3288 Encinal Avenue; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80 -290 Resolution No. 9278, "Authorizing City Manager to submit an application to Alameda County Department on Aging for Title III Older American Act Funds to operate a Senior Center." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be adopted. Councilman Stone stated that the Alameda County Commission on Aging had passed a motion at their last meeting to convey to the Alameda City Council that the Commission wished a representative of the Commission to be included in the evaluation and selection of the portions of Mastick School to be used as the Senior Center. Councilman Sherratt noted that a member of the Alameda County Commission on Aging is already a member of the Senior Council which has been involved in submitting recommendations regarding the proposed Senior Center site. Upon call of the roll, the motion carried by the following roll call vote: Ayes: Councilman Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. 80 -291 Resolution No. 9279, "Authorizing City Manager to (A) submit and execute a grant application with Metropolitan Transportation Commission for TDA Article 4.5 Funds for elderly /handicapped taxi and accessible van services and (B) execute agreements as necessary to administer the grant. Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 80 -292 Ordinance No. , New Series, "Amending the Alameda Municipal Code by adding Subsection (f) to Section 2 -539 thereof to clarify employees' nonentitlement to sick leave for injury arising in course of employment with City. Councilman Diament made a motion seconded by Councilman Stone, that the ordinance be introduced and passed to print; the motion carried by unanimous voice vote - 5. UNFINISHED BUSINESS 80 -293 Consideration of appointment of two members to Civil Service Board. President Corica nominated Tom D. Paddison and Louis A. Shannon for appointment as members of the Civil Service Board, seconded by Councilman Sherratt; the nominations were approved by unanimous voice vote - 5. 80 -294 Consideration of appointment of member to Traffic Advisory Committee. President Corica nominated Al Scott for appointment to the Traffic Advisory Committee, seconded by Councilman Diament; the nomination was approved by unanimous voice vote - 5. 80 -295 Councilman Tillman read a memo to the Council expressing his concerns about South Shore Beach Erosion and possible future erosion in the Harbor Bay Isle Project and suggested that members of homeowners' organizations on Harbor April 15, 1980 Bay Isle, representatives of Reclamation District 2105, and an outside engineer inspect the Harbor Bay Isle Perimeter and lagoons and report to the Council on a yearly basis. President Corica stated that he agreed there should be some protection and recommended staff investigate the possibility of the developer being required to post a substantial bond to remain in effect for ten years. After considerable Council discussion, it was the consensus of the Council that staff provide a report detailing what steps can be taken regarding the possbii4ty of future erosion of beaches and lagoons in the Harbor Bay Isle Project. Helen Freeman, 831 Laurel Street, and Joseph Sullivan, 3221 Liberty Avenue, expressed their concerns regarding beach erosion. NEW BUSINESS 80 -296 Councilman Sherratt nominated Thomas A. Reiman for appointment to the Ad Hoc Efficiency Committee. President Corica obtained the consent of Council and ordered that Mr. Reiman be appointed to the Ad Hoc Efficiency Committee. ORAL COMMUNICATIONS, GENERAL 80 -297 Joseph Sullivan, 3221 Liberty Avenue, referred to a memo from the City Attorney dated April 7, 1980, regarding "Tie Votes' which was in response to his previous correspondence to the Council, and stated that the City Attorney's memo indicated that a tie vote is not an action and the matter could be continued. He further stated that this is incorrect and not in accordance with City Charter provisions and Roberts Rules of Order and requested the Council to change the Charter if this would be the policy. The City Attorney stated that the matter of holding a matter over because of a tie vote is not a matter of law but a matter of protocol and that establishment of protocol is the preogative of a Board or Council. He further stated that this is his irrevocable opinion. 80 -298 Helen Freeman, 831 Laurel Street, requested information as to whether there is a designated street beyond Fernside Boulevard as an extension of Washington Street and whether the State Lands Commission had given permission to grant tide- lands adjacent to the San Leandro Channel. She filed a letter dated April 15, 1980, relative to those matters. The City Engineer stated he would respond to Ms. Freeman's questions in writing. ADJOURNMENT Councilman Sherratt made a motion, seconded by Councilman Diament, that the Council adjourn to Executive Session for a discussion of litigation and personnel matters; the motion carried by unanimous voice vote - 5. 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 11:15 p.m., to assemble in regular session on Tuesday, May 6, 1980, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGL City Clerk April 15, 1980