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1980-12-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY DECEMBER 16, 1980 The meeting convened at 7:30 p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Diament. Invocation was given by Rev. Larry Nelson, Trinity Lutheran Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES Councilman Sherratt made a motion, seconded by Councilman Stone, that the minutes of the Joint Special Meeting of the Council and Board of Education of November 5, 1980 be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilman Sherratt made a motion, seconded by Councilman Diament, that the following items on the Consent Calendar be approved; the motion carried by unanimous voice vote - 5. Items so enacted, approved, or adopted, will be indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *80 -849 From Secretary of Planning Board requesting that a hearing be scheduled Tuesday, January 6, 1981, for Tentative Map of Tract 4682, five condominium units at 1319 Pearl Street. Approved hearing date of January 6, 1981. *80 -850 From Burton Crowell, Project Coordinator, submitting status report on the Patton Way Project. Accepted. *80 -851 From Administrative Assistant submitting Investment Earnings Report for the month ending November 30, 1980. Accepted. RESOLUTIONS *80 -852 Resolution No. 9427 "Authorizing execution of agreement with Security Pacific National Bank relating to a Housing Rehabilitation Loan." Adopted. *80 -853 Resolution No. 9428 "Approving Shell Member Supplements 1 and 2 and the amended and restated Member Agreement for construction, operation and financing of NCPA Geothermal Generating Unit #2 Project." Adopted. FINAL PASSAGE OF ORDINANCES *80 -854 Ordinance No. 2029, New Series " Amending the Alameda Municipal Code by adding Subsection (2) to Section 17 -344.3 thereof relating to twenty -four minute parking limit (Grand Street south of Clement Avenue)." Adopted. BILLS *80 -855 An Itemized List of Claims, certified by the City Manager as correct was approved in the amount of $205,767.36. December 16, 1980 9 RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 80 -855 From Revitalization Committee, signed by Wayne E. Peace, regarding parking needs in the downtown area. Councilman Sherratt noted that the City Manager had made a recommendation that the matter be addressed at the January 6, 1981, meeting, and Mr. Peace had agreed. Councilman Diament made a motion, seconded by Councilman Sherratt, that the communi- cation be accepted and the matter scheduled on the January 6, 1981, agenda; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 80 -856 From City Manager regarding placement of real estate signs to market property for resale on Bay Farm Island. The following persons spoke regarding placement of real estate signs and enforcement of the Municipal Code: John Crittenden, 624 Waterfall Isle John Barni, 1277 Bay Street Linda Bauder, 1319 Clinton Avenue Linda Pritchard, 3263 San Jose Ruby Morrissey, 950 Shore Point Court Steven Bookspan, 109 Carob Lane Dan Reidy, representing Harbor Bay Isle Associates President Corica requested staff investigate the procedures involved when the "Information Center" sign was approved and whether they provide information regarding houses for sale. Dan Reidy stated the "Information Center" sign was approved through a PD, a Use Permit, and was also approved by the Design Review Board. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that the policy regarding enforcement of real estate signs placed in public right -of -ways continue as in the past. Councilman Tillman offered a substitute motion that staff provide information as to possibility of amending the Municipal Code regarding placement of such signs; the motion FAILED for lack of a second. Councilman Sherratt offered an amendment to the original motion, accepted by Councilman Stone, to include in the motion to direct the City Manager and City Attorney to investigate the possibility of making changes to the Municipal Code as it relates to real estate signs. Upon call of the roll, the motion FAILED by the following roll call vote: Ayes: Councilman Sherratt and Stone - 2. Noes: Councilmen Diament, Tillman, and President Corica - 3. Absent: None. December 16, 1980 Councilman Tillman made a motion, seconded by Councilman Diament, to direct staff to provide information regarding amending the Municipal Code to resolve the real estate sign situation. On the question, Councilman Sherratt inquired if it was the intent that enforcement as it relates to placement of real estate signs placed in public right -of -ways remain as in the past until Council makes a policy decision on the matter. Councilman Tillman stated that was the intent. Upon call of the roll, the motion carried by the following roll call vote: Ayes:Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. 80 -857 From City Manager submitting report on the organization of the new Finance Department. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and the recommendations of the City Manager as follows be approved: 1) Establish a Finance Department; 2) Establish a position of Finance Director; and 3) Authorize position of Intermediate Typist Clerk; the motion carried by unanimous voice vote - 5. 80 -858 From City Attorney regarding members of the Mayor's Committee for the Handicapped serving on the Board of Appeals. Councilman Stone made a motion, seconded by Councilman Sherratt, that the report be accepted and directed that the Board of Appeals not be expanded and that staff keep open communications with the Committee for the Handicapped on any issues which pertain to them; the motion carried by unanimous voice vote - 5. Councilman Tillman requested a report be placed on the next agenda regarding feasi- bility of Committee being formalized through an ordinance outlining roles, duties, guidelines, etc. 80 -859 From Acting Planning Director regarding request from Marie's Marketers for a reduction in fee for a Use Permit to display merchandise in the parking lot at the corner of Park Street and San Jose Avenue. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the report be accepted and approved recommendation that matter be heard before the Zoning Administrator and directed applicant be informed; the motion carried by unanimous voice vote - 5. 80 -860 From City Engineer recommending approval of a Traffic Channelization Project at the north side of the Park and Encinal Avenues intersection. Al Scott, 2418 Marti Rae Court, spoke in support of the recommendation. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the recommenda- tion of the City Engineer be approved; the motion carried by unanimous voice vote - 5 RESOLUTIONS 80 -861 Resolution No. 9429 "Approving request of Alameda Historial Society to place a street marker at 611 Taylor Avenue commemorating Gideon Aughinbaugh, co- purchaser and co- founder of the City of Alameda." December 16, 1980 Russell Sisung, Chairman of Historical Advisory Commission, spoke in support of the resolution. Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. 80 -862 Resolution No. 9430 "Establishing duties and salaries of Auditor and Treasurer." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. 80 -863 Resolution No. 9431 "Awarding contract for construction of Alameda Shoreline Park (P.W. 5 -80 -4) to Collishaw Corporation in the amount of 5554,260.00." The City Manager noted that this matter had been held over from the previous meeting to determine why fishing piers shown on the Master Plan were not in the specifications. He stated that inasmuch as funds were not available for the additional features, the architects had been directed to draw plans and specifications for the base plan only. 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, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES 80 -864 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending Section 15 -6210 thereof relating to rates for collection of garbage and refuse." Joseph Sullivan, 3221 Liberty Avenue, complained about noise made by men collecting garbage during early morning hours. Patrick Maloney, Alameda City Disposal, stated they had been advised they are scheduled to pay S16.50 tipping fee to use the Davis Street facility. Councilman Tillman recommended that the rates be increased to $6.50 instead of the proposed S6.40 and the increase used to pay off the loan to Tidelands Trust Fund and to subsidize garbage rates for low- income residents. President Corica stated this would be interim rate and an additional rate increase would be requested. He recommended that additional adjustments be considered at that time. Councilman Diament requested a communication be addressed to the Alameda County Solid Waste Management Board expressing the Council's concerns as to criteria relative to future rate increases. December 16, 1980 After considerable Council discussion, Councilman Sherratt made a motion, seconded by Councilman Tillman, that the ordinance be amended to provide for increase in rate to S6.50 per can per month; of the additional 10¢ increase that 9¢ be used to pay off the loan to Tidelands Trust Fund and the other 1¢ used to subsidize garbage rates to low- income residents; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None. The City Manager stated he would like an opportunity to take a look at the administra- tion of the program and submit a report to Council if necessary. FINAL PASSAGE OF ORDINANCES 80 -865 Ordinance No. 2030 New Series "Amending the Alameda Municipal Code by amending Section 7 -114 thereof relating to applications for Owner's Permit to Operate Public Motor Vehicle." Councilman Sherratt made a motion, seconded by Councilman Stone, that the ordinance be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. 80 -866 Ordinance No. 2031 New Series "Reclassifying and rezoning certain property within the City of Alameda by amending Zoning Ordinance No. 1277, New Series." (Tract 4500, Applicant: Harbor Bay Isle Associates, R -80 -2) Councilman Stone made a motion, seconded by Councilman Sherratt, that the ordinance be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None. NFW BUSINESS 815-867 President Corica requested staff investigate the self insurance program as it deprives organizations such as Fun Fair, Victorian Fair and schools from putting on programs because of the high premium to provide the insurance. He requested that someone other than the insurance company of record be contacted and that the Ad Hoc Efficiency Committee also investigate and that Council establish a policy. Councilman Diament referred to the case when a group had a parade on Atlantic Avenue, and the court ruled the City could not require the coverage and requested that also be addressed. Councilman Sherratt recommended staff investigate the entire insurance program and provide Council a report in order that Council could make a policy decision regarding the City's insurance programs. 80 -868 President Corica stated that an agreement and approval from CALTRANS had been received for installation of the temporary railing on the Bay Farm Island Bridge and recommended approval. Councilman Sherratt made a motion, seconded by Councilman Stone, that execution - of the agreement be authorized, subject to approval of the agreement by the City Attorney and directed that the typographical error in the spelling of Mayor Corica's name be corrected; the motion carried by unanimous voice vote - 5. December 16, 1980 80 -869 Councilman Tillman commended the Housing Author reports and noted their financial reports now show tota y on improved monthly amount of money for Section 8. 80 -870 Councilman Stone referred to the City Manager's letter of December 8, 1980, regarding truck traffic and requested the City Manager explore whether maintenance of the lagoons would be in specific concentrated periods which would cause excessive truck traffic near the school, and if so, perhaps the contractor should provide funding for a School Crossing Guard. 80 -871 Councilman Stone recommended that the City and East Bay Regional Park District meet and establish liaison on subjects of mutual interest such as maintenance of the shoreline, the dump, and others. Counncilman Sherratt recommended staff be directed to open communications with the East Bay Regional Park District to establish liaison with the Park District on subjects of mutual interest such as maintenance of the shoreline, the dump, and others and schedule a joint meeting of the Council and Park District. Councilman Tillman suggested that after the joint meeting, perhaps a committee could be appointed to pursue those issues. It was a consensus of the Council that staff implement procedures as recommended regarding meeting with the East Bay Regional Park Distruct. NEW BUSINESS 80 -872 Councilman Diament stated she was interested in attending Employees' Relations Institute sponsored by League of California Cities which will be held January 21 and 22 in San Francisco. 80 -873 Councilman Stone requested to receive minutes of Golf Commission and Recreation meetings in the future. The City Manager requested that the Council consider a resolution relating to withdrawal from the Social Security system, and the City Attorney stated it could be considered off agenda. RESOLUTIONS 80 -874 Resolution No. 9432 "(Requesting termination of Social Securities) (Old Age Service, Disability and Health Insurance) (Agreement between the City of Alameda and the State of California. ") Councilman Tillman made a motion, seconded by Councilman Sherratt, that the motion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. ADJOURNMENT 80 -875 Councilman Tillman made a motion, seconded by Councilman Sherratt, 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. December 16, 1980 There being no further business to come before the meeting, the Council adjourned at 10:50 p.m. to assemble in a regular meeting Tuesday, January 6, 1981, at Respectfully submitted DEEN SPEEG City Clerk December 16, 1980