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1978-08-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY AUGUST 1, 1978 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Sherratt; Invocation was delivered by Reverend Lee Williamson, Pastor of the Court Street United Methodist Church. ROLL CALL: Present: Councilmen Beckam, Diament, Sherratt, Tillman, and President Corica, (5). Absent: None. MINUTES: The minutes of the regular meeting held July 18 and special meeting held July 26, 1978, were approved as submitted. President Corica reported the Council would set a date at this meeting for a public hearing on the Buena Vista truck route. Note: The proceedings of City Council meetings are taped in their entirety. Tapes are on file in the Office of the City Clerk. WRITTEN COMMUNICATIONS: 1. From the Latham Foundation, signed by the Chairman, requesting a permit to encroach into the public right of way. Mr. Hugh Tebault offered an explanation of their request. City Engineer Hanna reported the permit would allow a 24-inch roof eave encroachment into the 12-fuOt wide public sidewalk area for a length of 44 lineal feet, and would be at least 12-feet above the sidewalk area. He stated the encroachment would meet with the approval of the Engineering DepartmeDt, Councilman Diament moved a revocable permit be granted allowing the encroachment, seconded by Councilman Tillman, and carried on the following roll Call vote. Ayes: Four. Noes: Councilman 8eckam, (1). Absent: None. 2. From the Alameda Unified School District, signed by the Superintendent, con- cerning the Comprehensive Employment and Training Act, Title VI, for fiscal year 1978-79. It was the consensus of the Council to hold this item over for consideration to the meeting of September 5, when other CETA matters would be discussed. 3. From the Alameda County Planning Department, signed by the Chairman of the Solid Waste Management Authority, regarding attendance at meetings of the County Solid Waste Management Authority. The communication was received. 4. From the Alameda County Admission Day Celebration Committee requesting an appro- priation of $100 toward the cost of the Admission Day ParDde, Councilman Sherratt moved the City Manager write a letter denying the request due to lack of funds, seconded by Councilman Tillman, and carried on unanimous voice vote. 5. From Mrs. Dorothy Ottervanger submitting a petition containing 35 signatures of persons wishing Cable Television service in the City. The City Manager was requested to prepare a report updating previous information on the feasibility of arranging for Cable Television service. HEARINGS: 6. In the Matter of an Appeal filed by Mobil Oil Corporation from a decision of the Planning Board concerning a Use Permit relating to a self-service convenience food and snack shop at 1541 Park Street, President Corica explained the procedure for the hearing. A review of the issues was given by Assistant Planning Director Ruth. On a call for proponents, Mr. Thomas L. Bardet and Mr. Frank Narciss, representatives Of Mobil Oil Corporation, reported their company could not economically justify the expenditure of approximately S50,000 in improvements if a time limit were imposed on the Use Permit. They also stated a limited permit would hamper their lease operations. Mr. Ray Hoffman and Mr. Bill Warwick, operators of the service station, spoke in favor of removing the time limit. On a call for opponents, there was no response and the President declared the hearing closed. Following a discussion on the regulations of other cities in granting Use Permits in similar situations, Councilman Sherratt moved the appeal be granted and the 3 year limitation on the Use Permit be removed, seconded by Councilman Tillman, and carried on unanimous voice vote. 7. In the Matter of a Proposal to delete High Street, San Jose Avenue from Grand Street to Peach Street, and Peach Street from San Jose Avenue to Otis Drive, from the City's truck route system. President Corica explained the procedure for the hearing. He called upon City Engineer Hanna for a review of the issues. On the call for proponents, the following persons spoke in favor of removing the truck route from High Street: Mr. Ernie Hanna, 1406 High Street; Mr. Joseph Sullivan, 3221 Liberty Avenue; Mr. David Plummer, 1401 High Street; and Mrs. Amey Stone, 1623 High Street. On a call for opponents, the following persons spoke: Ms, Mary Allen, 2534 Buena Vista Avenue; Ms. Elsie Sniffen, 170l-C Broadway; Ms. Kathleen Lindahl, 2516 Buena Vista Avenue; Mr, Sam Nelson, 1713 Broadway; Ms. Jane Frederick, 1707 Broadway; Mr. Morris Gustin, 1030 8 roadway; Mr. Heber Brown, 2802 Otis Drive; Mr. John Heathershaw, 1011 Broadway; Mr. Ward Smith, 1601 Broadway; and Mr. William Strick, 1328 Broadway. The President declared the public portion of the hearing closed. Councilman Sherratt questioned the City Engineer about several aspects of the truck traffic problem, including (1) limitation of hours of use for both High Street and Broadway; (2) use of Park Street at night for truck traffic; (3) placing a stoplight at the intersection of Broadway and Buena Vista Avenue; (4) asking companies involved to not use Alameda streets or to arrange certain hours for deliveries and avoid all deliveries at night; (5) possible elimination of cars from Broadway during certain hours. In response to questions from Councilman Tillman, City Engineer Hanna explained the signs which would be required to inform drivers about changes in the truck rUUte. Councilman Beckam requested ordinances be prepared for the next agenda which would (1) prohibit through traffic On city streets of trucks weighing in excess of 3 tons, and (2) place the same prohibition on the State Highway route within the City. Councilman Sherratt offered the foregoing as a motion, seconded by Councilman Diament and carried on unanimous voice vote. INTRODUCTION OF ORDINANCES: O. "Ordinance No. , New Series. Amending the Alameda Municipal Code by Amending Section 17-551 of Article 5, Chapter 5, of Title XVII Thereof, Relating to the Prohibited Use of Certain Streets by Any Vehicle Exceeding a Maximum Gross Weight of Three Tons." Councilman Tillman moved introduction of the ordinance. Councilman Diament suggested the motion be amended to provide for a review of the situation in 6 months, Councilman Tillman agreed to the amendment. The motion was seconded by Councilman Sherratt. On the question, Councilman Sherratt asked the City Engineer to investigate the possibility of restricting truck traffic to certain hours. On a call for the question, the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman Beckam, (1). Absent: None. HEARINGS: 9. In the Matter of Reprogramming Third Year HCDA Funds. There was a discussion between Council members and Housing Authority Commissioner Godfrey on the need for the $200,000 from the City to the Housing Authority to build the units at the Parrot Street site. During the discussion, President Corica questioned the advisability of applying for future HCDA funds. President Corica declared the hearing Opened. On the call for proponents or opponents, there was no response. The hearing was closed. Councilman Diament moved the Council authorize the reprogramming of the sum of 386,300 from the Senior Citizens' Center funds of the Third Year allocation to the Parrot Street project, seconded by Councilman Sherratt and carried on unanimous voice vote. REPORTS AND RECOMMENDATIONS: 10. From the Planning Board, signed by the Secretary, submitting recommendation on the Tentative Map for Tract 3963, being five parcels at the northwest corner of Bay Street and Buena Vista Avenue (Subdividers: Paul and Arlene Lum). Councilman B8ckam moved acceptance of the report and approval of the conditions an findings therein, seconded by Councilman Sherratt and carried on unanimous voice v 11. From the Recreation Commission, signed by the Chairman, transmitting a suggest concerning maintenance problem in the City Parks. Councilman Beckam moved the report be received, seconded by Councilman Diament, carried on unanimous voice vote. 12. From the Assistant to the City Manager concerning submission of an application to the Alameda County Area Agency on Aging regarding the Senior Citizen Taxi Program. Councilman Beckam moved acceptance of the report, seconded by Councilman Tillman, carried on unanimous voice vote. 13. From the City Manager concerning 1978-79 State Gas Tax BUdgetS, Councilman Beckam moved acceptance of the report, seconded by Councilman Diament, carried on unanimous voice vote. 14. From the City Manager recommending award of contract to P & F Construction for the construction of wheelchair ramps at various locations within the City. Councilman Beckam moved approval of the recommendation and award of the contract to P & F Construction, seconded by Councilman Sherratt, carried on unanimous voice vote. 15. From the City Manager reporting all work satisfactorily completed on the project of construction of the roadway and parking lot at Lincoln Park and resurfacing of courts at Godfrey Park, recommending it be accepted and Notice of Completion ordered filed Councilman Beckam moved acceptance of the work and the Notice of Completion be filed, seconded by Councilman Sherratt, carried on unanimous voice vote. 16. From the Auditor-Assessor requesting a refund of taxes erroneously levied and collected. Councilman Beckam moved approval of the request, seconded by Councilman Diament, carried on unanimous voice vote. 17. From the City Manager transmitting a report on the use of Clement Avenue as a Truck Route. Councilman Sherratt moved acceptance of the report and a resolution be prepared setting the date for a hearing on this truck route, seconded by Councilman Diament, carried by unanimous voice vote. UNFINISHED BUSINESS: 18. Consideration of appointments to the following Boards: City Planning Board: President Corica placed in nomination the name of A]leD8 Volin, seconded by Councilman Diament. The nomination failed to carry on the following roll Call vote. Ayes: Councilman Diament and President Corica, (2). Noes: Councilman Tillman, (1). Abstaining: Councilmen Beckam and Sherratt, (2). Absent: None. President Corica placed in nomination the name of David W. Simmons, Jr., seconded by Councilman Tillman and carried on the following roll call vote. Ayes: Four. Noes: None. Abstaining: Councilman Beckam, (1). Absent: None. Social Service Human Relations Board: President Corica placed in nomination the name of Margaret E. Seaman, seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 19. Continued discussion of Charter Amendments. Following a brief discussion, Councilman Beckam moved the three proposed Charter amendments concerning (1) changing Section 2-2 to require a majority vote to hire or dismiss the City Manager, City Clerk, and City Attorney; (2) combining the positions of City Treasurer and Auditor to a Finance Director; and (3) establishing a system of districts for the election of Council members, be placed on the ballot of the Municipal Election to be held in March, 1979. The motion was seconded by Councilman Tillman and carried on the following roll call vote. Ayes: Four. Noes: President Corica, (1). Absent: None. 20. Councilman Tillman's suggestion that preparation of the budget for 1979-80 include fringe benefits. It was noted this would be accomplished with the use of the Bureau of Electricity's 21. Councilman Tillman's suggestion that Bureau of Electricity management staff salaries in excess of $30,000 per year receive a 6% salary cut; and President Corica's suggestion that City Council members take a similar salary cut. Councilman Tillman moved the Council recommend to the Public Utilities Board that the Bureau's management staff receiving salaries in excess of t30,000 per year take a 6% salary cut, seconded by Councilman Beckam, and carried on the following roll call Vote. Ayes: Four. Noes: Councilman Sherratt, (1). Absent: None. It was noted that Council salaries could not be reduced without an amendment to the Charter. It was suggested Council members voluntarily return 6% of their salary to the city or donate it to charity. 22. Concurrence in unfreezing certain full time positions. Councilman Sherratt moved Council concur with the City Manager in filling the position of Assistant City Engineer, seconded by Councilman Beckam, and carried on the follow- ing roll call vote. Ayes: Four. Noes: President Corica, (1). Absent: None. Consideration of other positions was held over to the next regular meeting to be held August 15. 23. Consideration of HCDA Fourth Year Program. This item was held over for discus- sion to the next regular meeting. 24. Continued consideration of lifeline rate. This item was held over for discussion to the next regular meeting. 25. President Corica questioned the status of construction of the fence at the foot of Union Street. The City Engineer was directed to construct the city's portion of the fence. 26. Councilman Tillman questioned the increase in Concrete Permit fees. The City Engineer was requested to furnish information on this subject. 27. Councilman Tillman recommended no fees be paid by non-profit organizations for fund raising events, such as the Red Cross, American Cancer Society, Meals on Wheels, and others. The Assistant City Manager was requested to prepare a report on the implications of the recommendation. RESOLUTIONS: 28, "Resolution No. 8947a, Appointing Member of the City Planning Board." (Joan E. Narahara) Adopted by motion made by Councilman Beckam, seconded by COUDC1l0a` Diament, and carried on the following roll call vote. Ayes: Five. Noes:- None. Absent: None. 29. "Resolution No. 8948, Appointing Member of the Civil Service Board." (Robert W. Ydndell) Adopted by motion made by Councilman Beckam, seconded by C` Diament, and carried on the following roll call vote. Ayes: Five. Noes: None. NDne. Absgnt; None. 30. "Resolution No. 8949, Appointing Member of the Design Review Board." (Russell A. Sisung) Adopted by motion made by Councilman Beckam, seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Five. Noes: Absent: None. 31. "Resolution No. 8950, Appointing Member of the Library Board." (Margery E. Fredericks) Adopted by motion made by Councilman Beckam, seconded by `0UOci]n0D Diament, and carried on the following roll call vote. Ayes: Fiv2, Noes: N`ne, Absent: None. 32. "Resolution No. 8951, Appointing Member of the Public Utilities Board." (Hadi Monsef) Adopted by motion made by Councilman Beckam, seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Five. Noes: Absent: None. 33. "Resolution No. 8952, Appointing Member of the Social Service Human Relations Board." (George W. Skells) Adopted by motion made by Councilman Beckam, seconded by Councilman Diament, and carried on the following roll call Vnte, 4v8S: Five. Noes: None. Absent: None. ' 34. "Resolution No. 8953, Appointing Member of the Social Service Human Relations Board." (Dolly Ci Wai Fong) Adopted by motion made by Councilman Beckam, seconded by Diament, and carried on the following roll call vote. A«83: Five. Noes: ~ None. Absent: None. - OO request, the City Clerk administered the Oaths of Office to Msdms. Narahara, Fong, and Fredericks and Mr. Sisung. 35. "Resolution No. 8954, Authorizing the City Manager to Submit Reprogramming Amend- ments to the HCDA Application for Second and Third Year." Adopted by made 6v C Diament, seconded by Councilman Sherratt, and carried on the following roll call vote. Ayes: FiV8, Noes: None. Absent: None. 36. "Resolution No. 8955, Approving Tentative Map for Tract 3963, a Division of Property at the Northwest Corner of Bay Street and Buena Vista Avenue, Finding Said Tentative Map Consistent with the City's General Plan and Determining that Discharge of Waste into Sewer System Will Not Violate Regional Water Quality Regulations." Adopted by motion made by Councilman Beckam, seconded by Councilman - Sherratt, and Carried on the following roll call VOt8, Ayes: Five. Noes: None. Absent: None. 37. "Resolution No. 8956, Authorizing Submittal of Application for Senior Citizens Transportation Assistance Program to Alameda County Department on Aging." Adopted by made by Councilman Beckam, seconded by Councilman Sherratt, and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 38' "Resolution No. 8957, Adopting Budgets for Expenditure of Funds Apportioned from the Highway Users Tax Account in the Transportation Tax Fund to Cities." Adopted by motion made by Councilman Beckam, seconded by Councilman Diament, and carried on the following roll call vote. Ayes: FiV2, Noes: None. Absent: None. 39. "Resolution No. 8858, Ordering Refund of Real Property Taxes Erroneously Levied and Collected." Adopted by motion made by Councilman Beckam, seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 40. "Resolution No. 8859^ Adopting Specifications, Special Provisions and Plans for Washington Park Development, Phase III, Calling for Bids and Directing City Clerk to Advertise Same." Adopted by motion made by Councilman Sherratt, seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 41. "Resolution No. 8060, Adopting Specifications, Special Provisions and Plans for Janitorial Service for the City Hall and the Police Administration Building, Calling for Bids and Directing City Clerk to Advertise Same." Adopted by motion made by Councilman Sherratt, seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 42. "Resolution No. 8961, Adopting Specifications, Special Provisions and Plans for Mechanical Systems Maintenance at the Police Administration Building, Calling for Bids and Directing City Clerk to Advertise Same." Adopted by motion made by Council- man Sherratt, seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 43. "Resolution No. 8962, Authorizing Execution of Agreement with County of Alameda for Collection of City Taxes on Bonded Indebtedness." Adopted by motion made by Councilman Sherratt, seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 44. "Ordinance No. , New Series. Amending Section 2-312 of the Alameda Municipal Code Relating to Term of Members of the Recreation Commission." Councilman Beckam moved introduction of the ordinance, seconded by Councilman Sherratt, and carried on the following roll call vote. Ayes: FiV8, Noes: N0ne, Absent: None. BILLS: 45. An itemized List of Claims, certified by the City Manager as correct, in the total amount of $205,338.63, was presented. Councilman Diament moved the bills as itemized in the List of Claims filed with the City Clerk on August 1, 1978, and presented to the Council at this meeting be allowed and paid; seconded by Councilman Beckam, and carried by unanimous voice V0te, ORAL COMMUNICATIONS, GENERAL: 46. Mr. William Godfrey presented a proposal from Marina Operators, Inc. concerning their lease of city tidelands. Councilman Beckam moved staff be directed to negotiate a new lease according to the proposal, seconded by Councilman Diament, and carried on unanimous voice V0t2, FILING: 47. Specifications PW 8-78-8 - Washington Park, Phase III D8V2lUp0eDt, 48. Specifications PW 8-78-9 - Janitorial Service for City Hall and Police Adminis- tration Building, 1978-79. FILING (Continued): 49. Specifications PW 8-78-10 - Mechanical Systems Maintenance, Police Administration Building, 1978-79. 50. Financial Report of Auditor-Assessor for Fiscal Year 1977-78. 51. There being no further business to come before the meeting, the Council adjourned at 12:30 o'clock a.m. to meet in regular session on Tuesday, August 15, 1978, at 7:30 o'clock p.m. Respectfully submitted, City Clerk