1985-04-02 Regular CC MinutesMEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY .APRIL 2, 1985
The meeting convened at 7:45 p.m, (following the Housing A,ithority meeting)
with President Diament presiding. The Pledge of Allegiance was led by Council-
member Gorman. The Invocation was offered by Reverend ;!ally Riches of Twin
Towers Methodist Church.
ROLL CALL: Present: Counci'me,ihers GorN&n, Hanna, Monsef and
President Diament 4.
Absent: Councilmember Lucas - 1.
MINUTES
On a motion by Councilmember Hanna, seconded by Councie.mher Vonsef, and
carried by unanimous voice vote - 4 (absent: Councilmember Lucas - 1), the
minutes of the regular Council meeting of March 19, 1985, were approved as
written.
SPECIAL ORDERS OF THE DAY
85 -182 Youth in Government Day.
President Diament read a Proclamation concerning "Youth in Government Day,"
April 2, 1985. A report on the day's activities was given by the Assistant
City Manager, following which "Honorary City Official" certificates were
distributed to participants.
CONSENT CALENDAR
Councilmember Hanna moved, and Councilmember Monsef seconded the motion, that
the Consent Calendar be adopted. The motion carried by unanimous voice vote -
4 (absent: Councilmember Lucas - 1?.
Items so enacted or adopted are indicated by an asterisk ( *).
REPORTS AND RECOMMENDA T 0NS
*85 -183 From Public Works Director and Fire Chief on the status of the Exit
and Fire Safety Program. Approved.
For the record, Councilmember Hanna complimented the Public Works Director and
the Fire Chief on their progress with this program.
RESOLUTIONS
*85 -184 Resolution No. 10573 "Awarding contract to Dawson & J.R.'s Construc-
tion for Pease Avenue improvements and authorizing execution thereof." Adopted.
*85 -185 Resolution No. 10574 "Authorizing Open Market Purchase of Engineering
Inspection Vehicle and Survey Equipment for Public Works Department." Adopted.
*85 -186 Resolution No. 10575 "Authorizing the filing of a Claim with the
Metropolitan Transportation Commission for allocation of Transportation Develop-
ment Act /State Transit Assistance Funds for Fiscal Year 1985 -86." Adopted.
April 2, 1985
INTRODUCTION OF ORDINANCES
*85 -187 Ordinance No. , N.S. "Amending the Alameda Municipal Code by
adding Subsection (20) to Section 17 -344 thereof to designate Harbor Bay Park-
way as a Through Highway." Introduced,
FINAL PASSAGE OF ORDINANCES
*85 -188 Ordinance No. 2234, N.S. "Reclassifying and rezoning certain prop-
erties within the City of Alameda by amending Zoning Ordinance No. 1277, New
Series; Applicant: John Barni, Jr., R -81 -5, 1200 to 1222 Park Street, 1201 to
1229 Park Street, and 2316 San Antonio Avenue." Finally adopted.
BILLS
*85 -189 An itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of $1,314,354.97.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
85 -190 From Louis C. Steele, President, Alameda Council, Boy Scouts of
America, 1093 Third Street, stating the Executive Committee unanimously urges
the Council to adopt the ordinance regarding an amendment to Lease with Almar,
Ltd. and Ballena Isle Marina.
It was moved by Councilmember Gorman, and seconded by Councilmember Hanna,
that the communication be accepted and that the applicable ordinance be taken
out of order. The motion carried by unanimous voice vote - 4 (absent: Council-
member Lucas - 1).
INTRODUCTION OF ORDINANCES
85 -191 Ordinance No. , N.S. "Authorizing execution of amendment of
Lease with Almar, Ltd. and Ballena Isle Marina."
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
ordinance be introduced. The motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Monsef and President Diament - 4. Noes: None.
Absent: Councilmember Lucas - 1.
WRITTEN COMMUNICATIONS
85 -192 From Martha Beazley, 1143 Verdemar Drive, requesting a delay in the
rezoning of the Portola Triangle to R -1 status.
The following persons spoke in support of Ms. Beazley's request for delaying
this matter:
Pamela K. MacKenzie, 11292 Pearl Street, President, Park Street Business Associ-
ation, and member, Chamber of Commerce Board of Directors;
Lyle Hangartner, 640 Westline Drive;
Bill Hillery, 660 Westline Drive;
June Stradford, 350 Central Avenue; and
Ernest C. Chase, 833 Portola Avenue.
April 2, 1985
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Speakers were opposed to rezoning and sallini this property for residential use.
Several speakers sugoeSted that the property be utilized for a visitors' bureau
in an effort to increase City revenues from tourism.
Councilmember Gorman noted that he would be in favor of a visitors' bureau or
tourism center as a means to encourage visitors to Alameda; however, he stated
the site in question would be difficult for visitors to locate. Cnuncilmenber
Gorman also observed that the vicinity in which the property :5 located already
has one of the largest areas of open space in the community, and he believed the
property should be rezoned for residential use.
It was moved by Councilmember Gorman, and seconded by Councilmember Hanna, that
the communication be accepted and the Planning Board be directed to proceed with
the rezoning of this property.
Councilmember Monsef spoke against the motion and referred to the scarcity of
public park lands. He indicated he had previously offered the suggestion that
the property could be utilized for a community center. Councilmember Monsef
stated he opposed residential zoning for this land, which he believed would
increase traffic congestion.
President Di*ment endorsed the idea of a visitors' bureau and generating tourism
for the City; however, she did not believe the subject site would be the appro-
priate location. She noted Council had.given considerable thought to the dispo-
sition of this property prior to the decision to proceed with consideration of
rezoning for residential use.
Councilmember Hanna concurred with President Diament's comments, adding that
this site had been studied for many years. He believed the tremendous need for
housing in the community outweighs the need for parks in this area. He stated
he would not support delaying the rezoning process. Councilmember Hanna also
noted that the number of units that could be accommodated on this site would not
Significantly alter results of the traffic study any more than any other proposal
to change the use of the land.
Vote on the motion was as follows: Ayes: COuncilmenbSrS Gorman, Hanna and
President Diament - 3. Noes: Councilmember Monsef - I. Absent: Councilmember
Lucas - 1. The motion carried.
REPORTS AND RECOMMENDATIONS
85-193 From Chairman of the Golf Commission regarding Golf Course property
adjacent to Harbor Bay Parkwav,
Charles Tillman* 2415 Roosevelt Drive, requested that the total acreage of Golf
Course property, along with a map thereof, be made available.
During discussion regarding Golf Course property, Councilmember Gorman commented
for the record that he was not in favor of including a dump site at the entrance
to the business park.
Councilmember Gorman moved that Council accept the report, direct the Public
Works Director to verify Golf Course acreage and provide drawings' of the parCels,
and withhold disposition of those funds until budget time. Councilmember
April 2, 1985
469
Hanna seconded the motion, which passed by unanimous voice vote - 4 (absent:
Councilmember Lucas - 1).
85 -194 From City Manager concerning a Cable Television Oversight Committee.
President Diament introduced the subject of a Cable Television Oversight Com-
mittee for discussion.
Councilmembers provided their input as to the possible composition of such a
committee, which included a panel of at least five members with expertise in
specific areas (e.g., finance matters). Suggestions for the committee's respon-
sibilities included review of financial performance, complaint logs, local access
and origination, and new installations.
It was moved by Councilmember Gorman, and seconded by Councilmember Monsef, that
staff be directed to review Council's comments from this meeting and formulate a
proposal to be presented to the Council at the next meeting (April 17, 1985).
The motion carried by unanimous voice vote - 4 (absent: Councilmember Lucas - 1).
It was noted for the record that Barbara M. Thomas, Attorney at Law, Post Office
Box 1381, requested that a representative of the Alameda Unified School District
be appointed to the oversight committee.
85 -195 From Personnel Director concerning the recent Supreme Court decision
on the Fair Labor Standards Act.
The City Manager reviewed information as contained in the written report.
It was moved by Councilmember Hanna, and seconded by Councilmember Monsef,
that Council accept the report and recommendation which was for the City to
continue to examine and limit its liabilities while continuing to monitor
directives as they are issued by the Department of Labor; additionally, that
the Mayor bring Council's concerns to the Mayors' Conference for their atten-
tion, and send letters to the J.S. Secretary of Labor requesting an extended
time for implementation, and to Congressmen and Senators requesting that they
sponsor and support legislation removing public agencies from FLSA jurisdiction.
The motion carried by unanimous voice vote - 4 (absent: Councilmember Lucas - 1).
85 -196 From Planning Director regarding status of Planned Development Amendment
PDA -85 -1 to locate Harbor Bay Realty, and approve related signs, at 801 Island
Drive.
John Barni, Jr., 1277 Bay Street, expressed support for the Planning Board's
action regarding this matter.
Councilmember Gorman moved that Council accept the report and recommendation,
recognizing that no further action is required of Council unless the Planning
Board decision is appealed. The motion was seconded by Councilmember Monsef,
and it carried by unanimous voice vote - 4 (absent: Councilmember Lucas - 1).
RESOLUTIONS
85 -197 Resolution No. "Awarding Contract to Gallagher & Burk, Inc.
for construction of Harbor Bay Parkway Extension, Phase 3, and authorizing
execution thereof."
April 2, 1985
7 0
Fred Scullin, 1120 Chestnut Street, requested postponement of ,wti;n on this
matter for the following reasons: He stated the proposed alignment as contained
in the engineering plans before Council at this time was never approved by the
Planning Board, and the realignment constitutes a significant change that would
require an amendment to the approved Flan Development for the Harbor Bay Isle
Business Park. Mr. Scullin indicated that the realignment will encroach into
the 50- foot -wide area reserved for Shoreline Park. He noted that the right -of-
way width of the roadway conflicts with that in the approved plan. Mr. Scullin
asked that plans for Harbor Bay Parkway Extension Phase 3, be sent hack to the
Planning Board along with proposed amendments to the PD for Harbor Bay isle
Business Park to prevent proceeding with construction which he believes would
be in conflict with approved plans.
Responding to Mr. Scullin's concerns, Daniel F. Reidy, attorney for Harbor Bay
Isle Associates, 703 Market Street, No. 1506, San Francisco, urged that Council
authorize proceeding with plans in accordance with terms of the City's agree-
ment in connection with an economic development grant. Mr. Reidy commented
that relationship of the roadway -to the Shoreline Park had I_een thoroughly
reviewed with the San Francisco Bay Conservation and Development Commission
(BCDC) who reportedly has no concerns whatsoever regarding this project.
Mr. Reidy further reported that an amendment to the PD for Tract 4500, which
would encompass detailed revisions, is being prepared for presentation to the
Planning Board; however, the Planning Board has been briefed on this proposes
realignment and found the concept in substantial conformance w th the PD.
Because the proposed agreement with Gallagher & Burk; Inc. for construction of
Harbor Bay Parkway Extension, Phase 3, was not available at this time for
Council's review, it was moved by Councilmember Gorman that this item be
continued. Councilmember Monsef seconded the motion, which carried by the
following vote: Ayes: Councilrnembers Gorman, Hanna, Monsef and 'resident
Diament - 4. Noes: None. Absent: Councilmember Lucas - 1.
(Note: Council recessed briefly at this time.)
85 -198 Resolution No. 10576 "Authorizing execution of Cooperative Agree-
ment with State Department of Transportation for drainage improvements in
conjunction with construction of Patton Way, Phase I."
Councilmember Hanna moved, and the motion was seconded by Councilmember Monsef,
that the resolution be adopted. Motion carried by the following vote: Ayes:
Councilrnembers Gorman, Hanna, Monsef and President Diament - 4. Noes: Nona.
Absent: Councilmember Lucas - 1.
85 -199 Resolution No. 10577 "Approving Parcel Map 4340 for division of
property within Alameda Marina Village, accepting certain dedicated easements
and finding said Parcel Map consistent with City's General Plan (Alameda Marina
Village Associates - subdivider)."
Councilmember Hanna noted that certain improvements were required under Parcel
Map 3755 (of which Parcel Map No. 4340 is a division); specifically, separation
of roof leader downspouts from sanitary sewer lines, etc. He requested that
these items be checked for compliance. The Public Works Director acknowledged
that these items were conditions of the map, and he stated he would make sure
they are accomplished.
It was moved by Councilmember Monsef, and seconded by Councilmember Hanna, that
the resolution be adopted. Vote on the motion was as follows: Ayes: Council -
members Gorman, Hanna, Monsef and President Diament - 4. Noes: None. Absent:
Councilmember Lucas - 1. The motion carried.
April 2, 1985
1
85 -200 Resolution No. 10578 "Authorizing City Manager to submit an applica-
tion for Enterprise Zone designation to the State Department of Commerce."
Councilmember Gorman moved, and the motion was seconded by Councilmember Monsef,
that this resolution be adopted. The motion carried by the following vote:
Ayes: Councilmembers Gorman, Hanna, Monsef and President Diament - 4. Noes:
None. Absent: Councilmember Lucas - 1.
85 -201 Resolution No. 10579 "Authorizing execution of Amendment to the
Grant Agreement between the City of Alameda and the Alameda Main Street Project,
Inc.
A motion was offered by Councilmember Gorman, and seconded by Councilmember Monsef,
for adoption of the resolution. The motion carried as follows: Ayes: Council-
members Gorman, Hanna, Monsef and President Diament - 4. Noes: None. Absent:
Councilmember Lucas - 1.
85 -202 Resolution No. 10580 "Authorizing a Fourth of July Parade in the
City of Alameda and approving the route thereof."
Councilmember Hanna moved that the resolution be adopted; Councilmember Monsef
seconded the motion, which carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Monsef and President Diament - 4. Noes: None, Absent: Council-
member Lucas - 1.
85 -203 Resolution No. 10581 "Authorizing execution of contract with Planning
Research Corporation for Public Safety Computer System."
The City Manager advised Council that the Police Chief and a representative from
the Warner Group (consultants who performed a study of the City's data processing
needs) were available in the audience in the event Council had any questions con-
cerning the proposed system.
Councilmember Gorman inquired if the City were applying for a loan to purchase
the equipment. The City Manager explained that acquisition would be via a
lease - purchase, and several lending institutions had been contacted in the
process of determining current rates.
It was moved by Councilmember Gorman, and seconded by Councilmember Monsef, that
the resolution authorizing the contract be adopted. The motion carried by the
following vote: Ayes: Councilmembers Gorman, Hanna, Monsef and President
Diament - 4. Noes: None, Absent: Councilmember Lucas - 1.
85 -204 Resolution No. 10582 enactment of Senate Bill 290 to
provide additional funding for repairs and construction of local streets and
roads."
A motion for adoption was made by Councilmember Hanna, and seconded by Council-
member Monsef. The motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Monsef and President Diament - 4, Noes: None, Absent: Council-
member Lucas - 1.
INTRODUCTION OF ORDINANCES
85 -205 Ordinance No. , N.S. "Authorizing sale of surplus City property
at the southwest corner of Encinal Avenue and Fernside Boulevard to R. C. Mann
for $1,200.00.
April 2, 1985
2
Councilmember Gorman offered a motion to introduce the ordinance, and the motion
was seconded by Councilmember Hanna.
In response to an inquiry from Councilmember Monsef, the City Manager explained
that the property in question represents a remnant remaining from property pur-
chased by the City for extension of Fernside Boulevard. The property is not
usable to the City, and the adjacent property owner is purchasing the property
with the understanding that he must maintain it in a condition acceptable to the
City. Councilmember Monsef referred to the difference between the City's purchase
price and selling price for the property. The City Attorney clarified that the
property had contained a house when purchased by the City, and most of the property
was utilized for right of way. The portion being sold is simply the remnant that
remained after the street extension. Councilmember Hanna added that there are a
number of remnant parcels around the City which are a problem for the City to
maintain, and he believed that adjacent owners should be enticed to purchase
these parcels whenever possible.
Vote on the motion to introduce the ordinance was as follows: Ayes: Councilmembers
Gorman, Hanna, Monsef and President Diament - 4. Noes: None. Absent: Council-
member Lucas - 1. The motion carried.
NEW BUSINESS
85 -206 President Diament noted that a request had been received from the
Alameda County Health Care Services Agency asking for the City's participation
in a ceremony to place a plaque in the Health Building (which the County leases
from the City) in memory of Virginia Mitchell who dedicated many years to the
mental health program. The City Manager recommended that Council indicate their
interest in participating in the ceremony and strongly support placement of the
plaque to commemorate Ms. Mitchell's service. Councilmember Gorman moved, and
the motion was seconded by Councilmember Monsef, that Council accept the City
Manager's recommendation. The motion carried by unanimous voice vote - 4
(absent: Councilmember Lucas - 1).
85 -207 Councilmember Monsef expressed concern regarding possible closure of the
NARF portion of the Alameda Naval Air Station. He recommended that Council take
a position against closing NARF and requested that the Mayor write a letter to
Washington, D.C. expressing Council's concern. President Diament indicated
that she had personally forwarded a letter to Washington but indicated she would
do so on behalf of the entire Council if desired. Councilmember Gorman suggested
that Congressman Pete Stark be contacted regarding this matter for discussion at
a scheduled "Town Hall" meeting to be held in Alameda in the near future.
Councilmember Hanna also suggested that Floyd Hyde, under contract with the City
to provide federal liaison and technical assistance, be contacted regarding
this matter.
ADJOURNMENT
At 9:37 p.m., President Diament adjourned the meeting to a litigation session
regarding Davis versus the City of Alameda. She announced that the next Council
meeting would be a Special Meeting on Wednesday, April 17, 1985, at 7:30 p.m.
Repectfully submitted,
Dime B. Felsch
City Clerk
April 2, 1985