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1981-09-15 Regular CC MeetingREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY SEPTEMBER 15, 1981 The meeting convened at 7:40 p.m. (at the conclusion of the Housing Authority Meeting) with President Corica presiding. The Pledge of Allegiance was led by Councilman Diament. The Invocation was given by President CUriCa, ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Absent: None. MINUTES Councilman Diament made a motion, seconded by Councilman Sherratt, that the Minutes of the Regular Council Meeting of September 1, 1981, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR President Corica announced that the resolution regarding execution of agreement with Providence Veterinary Hospital for emergency treatment of injured or sick animals whose owners are unknown would be withdrawn from the Consent Calendar for discussion later in the meeting. Councilman Gorman made a motion, seconded by Councilman Sherratt, that the following remaining items on the Consent Calendar be approved; 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 enacted, approved, or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *81-592 From Finance Director submitting Interest Report for July, 1981. Accepted. *81-593 From Finance Director submitting 1979-80 audited financial statements. Accepted. RESOLUTIONS *81-594 Resolution No. 9600 "Accepting proposal as agreement (Woodward-Clyde Consultants, soil testing in conjunction with the Fernside Boulevard Extension)." Adopted. *81-595 Resolution No. 9607 "Approving Parcel Map 3303 for division of property located at the southeast corner of Central Avenue and Ninth Street, permitting recording thereof, and finding said Parcel Map consistent with the City's General Plan (David and Michelle Thompson, owners)." Adopted. *81-596 Resolution No. 9608 "Naming City representatives authorized to acquire Federal surplus property from the California State Agency for Surplus Property." Adopted. September 15, 1981 *81 -597 Resolution No. 9609 "Accepting proposal as modification of agreement (Burton N. Crowell, coordination of agencies and services for Patton Way Project). Adopted. *81 -598 Resolution No. 9610 "Adopting specifications for contracting landscape maintenance service for the City of Alameda, calling for bids and directing City Clerk to advertise same." Adopted. *81 -599 Resolution No. 9611 "Rejecting all bids for the Alameda Small Boat Ramp and Fishing Breakwater, PW 1- 81 -1." Adopted. BILLS *81 -600 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S163,185.99. RETURN TO REGULAR AGENDA 81 -601 From European Auto Repair, inc., signed by Erich Boehler, requesting to appeal the decision of the Planning Department in denying acceptance of application for a variance to expand shop at 1928 High Street. The Planning Director stated that the zoning ordinance prohibits expansion of a non - conforming automobile repair garage located in a C -1 Neighborhood Business District and noted it would be necessary for Mr. Boehler to apply for rezoning district which would allow automobile repair garages. Mr. Boehler spoke in support of his request and stated that it was his intention to improve the building. The following persons spoke in support of Mr. Bohler's request and expressed approval of the manner in which he runs his business: Robert C. Decelle, P. 0. Box 1606, Alameda Shirley Eastman, 1915 High Street Councilman Sherratt made a motion, seconded by Councilman Gorman, that the com- munication be accepted and directed a letter be sent to Mr. Boehler indicating that after Council discussion, it was determined that in accordance with current laws he has option to rebuild and repair his structure in conformance with his present structure, and if he wishes to pursue rezoning to expand that he contact the Planning Department; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 81 -602 From Rent Review Advisory Committee submitting recommendations relative to residences at 221 and 2031 Pacific Avenue. Wallace Jongeward, owner of the property at 2031 Pacific, explained the expenses he had encountered relative to that property and stated he did not feel the rents were out of line. Ben Garfinkle, 1621 Alameda Avenue, expressed his concerns about the entire issue of high rents and that he felt the Advisory Committee was not an effective method of resolving those matters and suggested that the Council should address the entire issue. September 15, 1981 Larry Kreighbaum, 1617 Alameda Avenue, spoke in support of Mr. Garfinkle's position. Councilman Sherratt made a motion, seconded by Councilman Stone, that the landlord be requested to compromise and establish rent at Unit C, 2031 Pacific at $390 per month from October 1, 1981, to March 1, 1982, and Unit E at $375 per month for that same period.. Councilman Gorman stated he would vote no on the motion as he did not feel the rents were unreasonable for the units in question. The motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and President Corica - 4. Noes: Councilman Gorman - 1. Absent: None. Rich Baligaya, 221 Pacific, stated that rent increases had been excessive at that location. Councilman Sherratt made a motion, seconded by Councilman Gorman, that the landlord be requested to compromise and establish rent at 221 Pacific at 5285 per month effective October 1, 1981, through February, 1982. Councilman Stone stated she would vote no on the motion as she felt the Rent Review Committee's recommendation was adequate. The motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: Councilman Stone - 1. Absent: None. 81 -603 From City Manager regarding appraisal on the 12 -acre park, Village IV, Harbor Bay Isle; East Shore properties; garbage pickup assistance program for low - income citizens; and Island City Gun Club Lease. Charles Tillman, 2415 Roosevelt Drive, expressed the following concerns: 1) Whether the zoning considered in the appraisal of the 12 -acre park site had been R -1 or open space and that he felt the City should reach an understanding with the School District and Harbor Bay Isle on the matter; 2) That there was nothing positive before the Council regarding leasing accessways for the East Shore properties; 3) The delay in starting the garbage assistance program for low- income citizens; and 4) That the S500,000 liability insurance contained in the original lease for the Island City Gun Club Lease was inadequate and that the lessee pay for the additional insurance rates. Mr. Tillman further stated his particular concern was the garbage assistance program for low- income citizens and that the Council had established the policy in April, 1981, that Alameda Disposal Company would provide S5,000 from their contingency budget and S5,000 would come from the City's portion of garbage pickup surcharges which would be $10,000 for the program. He expressed opposition to the recommendation of the City Manager that the Council reconsider its position on the program. After considerable discussion, Councilman Stone made a motion, seconded by Councilman Diament,that the garbage assistance program for low - income citizens be implemented as quickly as possible and directed staff to submit an evaluation as to the most cost effective method of administering the program including possibility of using volunteers. Councilman Gorman recommended evaluation of possibility of Oakland Scavenger Company deducting from participants' garbage bills. The motion carried by unanimous voice vote - 5. September 15, 1981 The City Manager stated that there was nothing in the record that indicates in the motion that the condition be imposed on Alameda Disposal Company to provide the S5,000, and Oakland Scavenger Company, who took over garbage pickup, have said they had no knowledge of the 55,000 commitment. He further stated that the City could go back to Oakland Scavenger Company and inform them they should furnish the $5,000 for the garbage pickup assistance program out of their rate of return on the rates. Councilman Sherratt stated that Alameda Disposal Company verbally agreed to provide the $5,000 and made a motion, seconded by Councilman Stone, that a letter be sent to Oakland Scavenger Company that it was the Council's intent, and agreed to by Alameda Disposal Company, that S5,000 from their contingency budget be applied to the garbage pickup assistance program for low- income citizens and request that amount be submitted to the City; the motion carried by unanimous voice vote - 5. In response to inquiry of Councilman Sherratt regarding the East Shore properties, the City Manager stated vacation of easements would require a hearing before the Council and the leases would be approved by ordinance. He further stated he had contacted property owners quite some time ago to hold a meeting, and they had been reluctant to set up a meeting. Councilman Sherratt recommended that the City Manager send a letter to both homeowners' associations in the East Shore area informing them that the Council plans to take action to lease the public accessways and give them the opportunity to meet with the City Manager prior to such action. Councilman Sherratt made a motion, seconded by Councilman Gorman, that staff direct a letter to the School District relative to the 12 -acre site in Village IV, Harbor Bay Isle,requesting that they submit an update on student count and projections and an analysis of need for the property for a school site; the motion carried by unanimous voice vote - 5. Oscar Barry, Harbor Bay Isle, stated he felt the appraisal of 5155,000 an acre is too low for that site and that he would like an opportunity to work with City Manager and attempt to reach accommodation with City. Council Sherratt noted that would be a function of staff. 81 -604 From Public Works Director recommending acceptance of a portion of Tract 4288, including two private streets within the subdivision, a storm drain and outfall, and Sea View Parkway westerly of Aughinbaugh Way within Tract 4122 and a portion within Tract 4288. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted and the recommendations approved; the motion carried by unanimous voice vote - 5. 81 -605 From Public Works Director recommending that the Harbor Bay Isle lagoon outfall structures be accepted as being constructed in accordance with plans and specifications. (Tract 3634) The Public Works Director noted the lagoon outfall structures would not be accepted for maintenance at this time. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted and the recommendation approved; the motion carried by unanimous voice vote - 5. September 15, 1981 RESOLUTIONS 81 -606 Resolution No. 9612 "Appointing Michael G. Gorman ex- officio member of the Golf Commission." Councilman Diament made a motion, seconded by Councilman Stone, 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. 81 -607 Resolution No. 9613 "Accepting proposal as agreement (Black & Veatch, development of a preliminary financial plan and revenue program for the City's sewer collection system)." Councilman Stone 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. Resolution No. 9614 81 -608 "Approving the application for funds under the Nejedly -Hart State Urban and Coastal Park Bond Act of 1976 for development of the Historical Artifacts Display at the Alameda Historical Museum and for refurbishment of areas of the Alameda City Hall." Councilman Stone 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. Councilman Diament stated she would be interested in seeing State requirements relative to historical application. FINAL PASSAGE OF ORDINANCES 81 -609 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending and repealing certain sections of Article 7 of Chapter 1, Title V, thereof relating to news racks." The following persons suggested changes be made to the ordinance. Larry Frankel, representing Oakland Tribune Newspaper Christopher Lammers, representing the Examiner and Chronicle newspapers After discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, to table passage of the ordinance to allow concerned parties to work out the differences; motion carried by unanimous voice vote - 5. Upon inquiry of Joseph Sullivan, 3221 Liberty Avenue, the City Attorney stated that under Council rules, the matter may be resumed only upon motion of a member voting with the majority. Councilman Sherratt made a motion, seconded by Councilman Diament that the matter be postponed 60 days; the motion carried by unanimous voice vote - 5. Councilman Gorman requested newspaper representatives to come up with a plan to improve some of the newsrack areas such as the modulars in Oakland. September 15, 1981 . UNFINISHED BUSINESS President Corica stated the resolution regarding treatment of animals which was removed from the Consent Calendar would be considered at this time. RESOLUTIONS 81 -610 Resolution No. 9615 "Authorizing execution of agreement with Providence Veterinary Hospital for emergency treatment of injured or sick animals whose owners are unknown (normal working hours)." Councilman Diament stated she was concerned that the hospital had cut hours of service and the high charges for service. The City Manager stated he would investigate other alternatives for service outside the City and the possibility of reimbursement from State under SB -90. He further stated he believed the contract had a termination clause. President Corica requested staff check on what other cities are paying. 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. NEW BUSINESS 81 -611 Councilman Diament suggested possibility of Boards and Commissions submitting annual programs to Council and Council establishing priorities. She indicated Council might discuss at later date. 81 -612 Councilman Diament stated that she had received a call regarding the pier at the end of Grand Street which is in poor condition and that children had been playing underneath. The City Manager stated he would investigate. 81 -613 Councilman Diament requested paper for recycling be picked up in Council office. 81 -614 Councilman Stone stated that organization handling grants had indicated Mastick Senior Center had not been eligible for a couple of grants as it did not have nonprofit status and requested City Manager and City Attorney investigate and report back to Council. 81 -615 Councilman Gorman suggested the Council support a fund - raising event, a pancake breakfast on September 27, 1981, sponsored by Kiwanis Club for benefit of Alameda Family Service and Mastick Senior Center. 81 -616 In response to inquiry of Councilman Diament, President Corica stated that the communication from BART regarding satellite parking would be placed on a future Council agenda. 81 -617 President Corica expressed appreciation to officers from Police and Fire Departments who participated in a "Wine Stomping" event in San Francisco recently which was for charity. September 15, 1981 FILING 81-618 Bureau of Electricity Financial and Operating Report for month ending July 31, 1981 Proposal Agreement with Black & Veatch regarding sewer collection system. Proposal Agreement with Woodward-Clyde Consultants for soil testing in conjunction with the Fernside Boulevard Extension. Agreement with Providence Veterinary Hospital for treatment of animals. Proposal modification of agreement with Burton N. Crowell relative to the Patton Way Project. ORAL COMMUNICATIONS, GENERAL 81-619 Joseph Sullivan, 3221 Liberty Avenue, stated he had expected to hear something about his comment at the last meeting regarding free occupation by homeowners along water area. President Corica noted that matter had been covered under discussion of a report from the City Manager earlier in the meeting. 81-620 Joseph Sullivan, 3221 Liberty Avenue, express opposition to the Council's Rules of Order and requested that names of persons who sponsor legislation be listed on the agenda. Councilman Gorman made a motion, seconded by Councilman Diament, that staff be directed to list persons who sponsor legislation on future agendas. President Corica noted there were some difficulties in listing specific sponsors on agendas and stated we could attempt to do that. No further action was taken on the matter. ADJOURNMENT 81-621 Councilman Sherratt made a motion, seconded by Councilman Gorman, that the Council adjourn to Executive Session for a discussion of personnel and litigation matters; the motion carried by unanimous voice vote - 5. The Council adjourned to Executive Session in memory of Sidney A. Haag. 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 11:25 p.m. Respectfully submitted, DEEN SPEEGLE City Clerk September 15, 1981