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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 �� ~° � = � _ 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