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1985-01-02 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF A!AMEDA HELD TUESDAY JANUARY 2, 1985 The meeting convened at 7:32 p.m. (at the conclusion of the Housing Authority meeting) with President Diament presiding. Councilmember Lucas led the Pledge of Allegiance. The Invocation was given by Reverend Wally Riches of Twin Towers United Methodist Church. 415 ROLL CALL: Present: Ceuncilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Councilmember Gorman moved for approval of the minutes of the Regular Council Meeting held December 4, 1984, as submitted; Councilmember Hanna seconded the motion which carried by unanimous voice vote - 5. CONSENT CALENDAR President Diament indicated that two items, a resolution "Authorizing execu- tion of a contract with the Ratcliff Architects for Phase II of the interior space allocation and design services for City Hall project and appropriating funds to the Capital Improvement Program Budget Calendar," and "Ordinance amending the Alameda Municipal Code by amending Section 15 -6210 thereof relating to rate for collection of garbage and refuse and prescribing method of collection," would be removed from the Consent Calendar for consideration later in the meeting. The Consent Calendar, with the two above -noted exceptions, was approved by unanimous voice vote - 5, on a motion by Councilmember Lucas, seconded by Councilmember Monsef. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *85 -001 From Public Works Director recommending an extension of time of three years to January 5, 1988, in which to complete the improvements for Tract 4500 (Harbor Bay Business Park). Approved. *85 -002 From Public Works Director recommending acceptance of improvements and release of bond for Tract 4796 (1433 -1437 Morton Street). Approved. RESOLUTIONS *85 -003 Resolution No. 10504 "A resolution authorizing submittal of application for grant for law enforcement purposes to the Office of Criminal Justice Planning to fund a Police Department Community Crime Resistance Project and authorizing one additional Police Technician position in the Police Department." Adopted. *85 -004 Resolution No. 10505 "A resolution authorizing three additional Police Officer positions in the Police Department to be funded through Community Development Block Grant Funds for a Webster Street Foct Patrol and Housing Authority security." Adopted. January 2, 1985 41b *85 -005 Resolution No. 10506 "A resolution awarding contract to Monterey Mechanical Company for Willow Street /Franciscan Way Sanitary Pump Station and Force Main, and authorizing execution thereof." Adopted. *85 -006 Resolution No. 10507 "A resolution authorizing execution of agree- ment with Southern Pacific Transportation Company for track relocation and grade crossing work for the Patton Way project." Adopted. *85 -007 Resolution No. 10508 "A resolution calling General Municipal Election to be held in the City of Alameda on Tuesday, April 16, 1985; estab- lishing Election Precincts; fixing number of Election Officers on the Board of Election for each precinct; fixing compensation of Election Officers and designating hours of voting." Adopted. INTRODUCTION OF ORDINANCES *85 -008 Ordinance No. N.S., An ordinance amending the Alameda Municipal Code by amending Section 17 -333 thereof to install a 'No Parking' zone on Grand Street adjacent to Wood School." Introduced. FINAL PASSAGE OF ORDINANCES *85 -009 Ordinance No. 2223 N.S. "An ordinance authorizing acquisition of property from Southern Pacific Transportation Company relative to Patton Way." Finally adopted. *85 -010 Ordinance No. 2224 N.S. "An ordinance authorizing contributions, as credits, to pay annual installments for Assessment Bonds issued pursuant to Marina Village Assessment District 84 -3." Finally adopted. *85 -011 Ordinance No. 2222 N.S. "An ordinance of the City Council of the City of Alameda, California, amending Ordinance No. 2141 N.S., approving and adopting an amendment to the Plan of the West End Community Improvement Project." Finally adopted. BILLS *85 -012 An itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $61,518.03. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 85 -013 From J. Convery, No- Smoking Foundation, 2404 Lincoln Avenue, regarding smoking ordinances. Mr. Convery stated the purpose of his communication and his appearance before Council at this time was to request adoption of a City ordinance regulating smoking in designated public places. It was Council's consensus that consideration of an ordinance would be premature at this time, but that such an ordinance may be considered at a future time if sufficient public interest were demonstrated. 85 -014 From Clarice Wardall, President, Retired Public Employees' Association (RPEA), Chapter 22, Alameda County, California, concerning retiree benefits. January 2, 1985 417 President Diament explained that this written request is for consideration of a change in provisions in retiree benefits which would allow surviving spouses to remarry without losing retirement benefits. Recent State legis- lation would allow this change within the PERS retirement system. It was moved by Councilmember Hanna, seconded by Councilmember Lucas, and carried by unanimous voice vote - 5, that this matter be considered at the next "meet and confer" session if RPEA membership expresses a desire for such an amendment. 85 -015 From Grant Robinson, 2857 Lincoln Avenue, regarding underground - ing of utilities. President Diament noted the communication could be addressed when the Final Passage of Ordinance regarding unaergrounding of overhead utilities is discussed. Councilmember Lucas moved that the communication be accepted; motion seconded by Councilmember Monsef and carried by unanimous voice vote - 5. HEARINGS 85 -016 A hearing to establish a lien for sidewalk repair work at 2525 Santa Clara Avenue. President Diament declared the public hearing open. The Public Works Director explained that the property owner has failed to respond to requests to repair his sidewalk. Repairs were performed by the City, and the owner has not remitted the amount due. Although notified of this hearing, the property owner was not present at this time nor were there any other speakers for this item. Councilmember Gorman moved that the hearing be closed and that the resolu- tion relating to this item be taken out of order. RESOLUTIONS 85 -017 Resolution No. 10509 "A resolution confirming report of the Superintendent of Streets in the matter of the repair of sidewalk in front of property known as 2525 Santa Clara Avenue, and directing the filing of a Notice of Lien on said property with the County Auditor." Councilmember Gorman moved that the resolution be adopted contingent upon one final contact with the property owner in an effort to elicit payment without the necessity of filing a lien; Councilmember Hanna seconded the motion which was adopted by the following vote: Ayes: Councilmenbers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. HEARINGS 85 -018 A hearing regarding Marina Village Assessment District 84 -3. President Diament declared the hearing open. Engineer of Work John Heindel reviewed certain revisions to the Engineer's Report. January 2, 1985 418 Bond Counsel Stephen Casaleggio of Jones Hall Hill and White described the type of bonds that would be issued in connection with this Assessment District. President Diament stated there were no proponents nor opponents. Councilmember Gorman moved that the hearing be closed and that the resolu- tions relating to this item be considered at this time. The motion was seconded by Councilmember Hanna and passed by unanimous voice vote - 5. RESOLUTIONS 85 -019 "A resolution overruling protests (Marina Village Assessment District 84 -3)." Since there were no protests, this resolution was withdrawn. 85 -020 Resolution No. 10510 "A resolution ordering changes and modifi- cations (Marina Village Assessment District 84 -3)." It was moved by Councilmember Monsef, and seconded by Councilmember Hanna, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -021 Resolution No. 10511 "A resolution determining convenience and necessity, adopting Engineer's Report, confirming the Assessment and ordering the work and acquisitions, directing recording and filing of Assessment, Assessment Diagram and Notice of Assessment. (Marina Village Assessment District 84 -3)." Councilmember Hanna moved for adoption of the resolution; the motion was seconded by Councilmember Gorman and carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS 85 -022 From City Manager regarding Annual Report of the Community Improve- ment Commission to the City Council of the City of Alameda. Councilmember Hanna moved, and Councilmember Gorman seconded the motion, that the report be accepted. The motion carried by unanimous voice vote - 5. 85 -023 From Public Works Director regarding new drainage pump installa- tion for the Alameda Golf Course. Charles Tillman, 2425 Roosevelt Drive, addressed Council with his concerns relating to the funding of this project. The City Manager assured Mr. Tillman that the project would be financed wholly from funds received from sale of property as described in the staff report and there would be no impact whatsoever to the Enterprise Fund. The Public Works Director elaborated on the need for new pumps at this time. Councilmember Gorman moved that the report and recommendation be accepted; the motion was seconded by Councilmember Hanna and carried by unanimous voice vote - 5. January 2, 1985 �� � �� = � ~� RESOLUTIONS President Diament announced the resolution regarding a Contract with the Ratcliff Architects, previously removed from the Consent Calendar, would be considered at this time. 85-024 Resolution No. 10512 "A resolution authorizing execution of a contract with the Ratcliff Architects for Phase II of the interior space allocation and design services for City Hall project and appropriating funds to the Capital Improvement Program Budget to cover the cost of these services." David Plummer, Chairman, Historical Advisory Commission (HAC), 1401 High Street, expressed concern that planned renovation of City Hall may be in conflict with City Ordinance No. 1755, Article IV, relating to procedure for preservation of historical monuments. Mr. Plummer referred to a letter which had been forwarded to the Mayor from the former HAC Chairman outlin- ing these concerns. Mr. Plummer recommended, on behalf of the Commission, that Council reconsider payment for the services rendered for City Hall interior renovation design and awarding of the Contract until the Commis- sion's concerns have been addressed. President Diament explained that Council had held a work session where plans for City Hall renovation were carefully reviewed. She noted that the Commission's letter had been circulated to other members of Council, and she was awaiting their comments. Councilmember Gorman believed the regulations referred to by the HAC most likely pertain to privately owned buildings, and the City is in a different situation since City Hall is publicly owned; however, he stated Council would still like to receive the Commission's input on the matter. Councilmember Lucas concurred with concerns expressed by the Commission and noted that a historian is not involved in the renovation planning process. She indicated she would not be in favor of approving the Contract with the Ratcliff Architects at this time. The City Manager explained that the Architects had been selected several years previously because of their known work with historical buildings, and he did not believe that what was being proposed would violate guide- lines as set forth in the referenced ordinance. It was the City Manager's suggestion that the concerns raised by the HAC should be addressed by the Architects. He noted there may be valid reasons for avoiding certain historical replication; e.g., costs of maintenance and practicality. Councilmember Gorman moved that the resolution authorizing execution of the Contract with Ratcliff Architects be adopted and that staff be directed to inform the Architects to address the concerns of HAC and make recommenda- tions accordingly; Councilmember Hanna seconded the motion, which was adopted by the following vote: Ayes: CoUncilmenbers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. FINAL PASSAGE OF ORDINANCES 85-025 "An ordinance amending the Alameda Municipal Code by adding Chapter 3 to Title VIII thereof relating to required undergrounding of all overhead utility facilities." (Placed on the agenda at the request of Councilmember Lucas.) January 2, 1985 ALP Edwin Dankworth, Vice President, Public Utilities Board, recommended that Council not adopt the previously introduced ordinance. Mr. Dankworth stated that the ordinance would be redundant with respect to two existing ordinances as explained in his written report. Because of the financial ramifications to rate payers, he did not believe an ordinance of this nature should be enacted without a vote of the citizenry. Councilmember Lucas, who had initially suggested the proposed ordinance, stated she was convinced that it was infeasible and moved that Council accept the recommendation of the City Manager that existing legislation is adequate if the City and the Bureau both agree to a commitment of resources to the undergrounding program. The motion was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. Noes: None. Absent: None. President Diament stated the following item which had been removed from the Consent Calendar would be addressed by Council at this time. 85 -026 Ordinance No. 2225 N.S. "An ordinance amending the Alameda Muni- cipal Code by amending Section 15 -6210 thereof relating to rate for collec- tion of garbage and refuse and prescribing method of collection." This item had been removed from the Consent Calendar at the request of Charles Tillman, 2415 Roosevelt Drive, who inquired as to the purpose of the proposed ordinance. The City Manager explained that the ordinance would maintain garbage collec- tion rates at the current level pending a study by Price Waterhouse, the results of which are to be made available to the Council in February, 1985. Mr. Tillman also noted that there is a 10- percent surcharge on garbage rates for the purpose of assisting low- income families; however, he stated that these funds are not being used and are accumulating because the public has not been made aware of the availability of these funds. Mr. Tillman suggested that an organization such as the Red Cross or Food Bank would be an appropriate vehicle for publicizing the existence of these funds to families in need. President Diament suggested that the Social Service Human Relations Board be contacted regarding the availability of these funds. The City Manager recommended that the program be evaluated and that Council consider, following that evaluation, whether further efforts should be made to publicize availability of the funds. It was moved by Councilmember Gorman, and seconded by Councilmember Lucas, that the Ordinance be finally adopted and that the City Manager report back to Council regarding the financial assistance program for low- income persons. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. NEW BUSINESS 85 -027 Consideration of two appointments to the Social Service Human Relations Board. President Diament nominated William McConnell and Rochelle Drake for appointment to the Social Service Human Relations Commission. The January 2, 1985 421 nominations were seconded by Councilmember Gorman and confirmed by unanimous voice vote - 5. 85 -028 Consideration of an appointment to the Recreation CoNiiission. President Diament nominated Mae Ashton to serve on the Recreation Commission. The nomination was seconded by Councilmember Lucas and approved by unanimous voice vote - 5. NEW BUSINESS 85 -029 The City Attorney described a computer system that he would like to purchase jointly with the City Clerk's office. Because the computer system exceeds the $5,000 purchase order limit, Council's approval would be required to proceed with the acquisition. Councilmember Hanna believed that a report and recommendation from the City Manager should accompany the request. Councilmember Lucas commented that she would like a report from the City Clerk as well. Councilmember Gorman favored allowing the City Attorney and Clerk's offices to proceed with the purchase. Councilmember Hanna moved that this matter be held over to the next Council meeting for purposes of receiving a report from the City Manager. Council - member Monsef seconded the motion for continuance with the proviso that the City Clerk also provide a report at the next meeting. The motion carried with the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Gorman - 1. Absent: None. FILING 85 -030 Agreement with Southern Pacific Transportation Company. ADJOURNMENT There being no further business to come before the Council at this time, President Diament adjourned the meeting at 9:12 p.m. The next regular meeting of the Council was scheduled for 7:30 p.m., Tuesday, January 15, 1985. Respectfully submitted, Di .'e B. Felsch City Clerk January 2, 1985 422