1985-11-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY NOVEMBER 5, 1985
After assembling for a Pre-Council meeting at 7:00 p.m., Council met
in Executive Session for the purpose of discussing the cases of
Shirley F. Boylan versus the City and Robert Follrath versus the
City.
The regular meeting convened at 7:45 p.m. (at the conclusion of the
Housing Authority) meeting with President Diament presiding. The
Pledge of Allegiance was led by Councilmember Monsef. The Reverend
Su Schlegel of First Christian Church gave the Invocation.
ROLL CALL: Present:
Absent:
MINUTES
Councilmembers Lucas, Monsef and
President Diament - 3.
Councilmembers Corica and Hanna - 2.
The minutes of the regular Council meeting held October 15, 1985,
were approved on a motion by Councilmember Monsef, seconded by
Councilmember Lucas, and carried by unanimous voice vote - 3
(Councilmembers Corica and Hanna absent - 2).
CONSENT CALENDAR
Councilmember Lucas moved for adoption of the Consent Calendar.
Councilmember Monsef seconded the motion, which carried by unanimous
voice vote - 3 (Councilmembers Corica and. Hanna absent - 2).
Items so enacted or adopted are indicated by an asterisk (*).
REPORTS AND RECOMMENDATIONS
*85-644 From Recreation and Parks Director regarding review of
taxi scrip program guidelines. Approved.
*85-645 From Public Works Director recommending an extension
of time of 20 days for completion of Golf Course storm pump station
and storm drainage improvements, P.W. No. 3-85-7. Approved.
*85-646 From Public Works Director recommending acceptance of
work by Gallagher & Burk, Inc. for repair and resurfacing of certain
streets, Phase 5, P.W. No. 2-85-5. Approved.
*85-647 From Public Works Director recommending acceptance of
work by Gallagher & Burk, Inc. for South Loop Road, Phase I,
Assessment District 84-4, Harbor Bay Business Park, P.W. No.
4-85-17. Approved.
*85-648 From Public Works Director recommending acceptance of
work by Jensen Corporation for Landscape Development Plan, Webster
Street improvements, Phase 2, and Park Street Tree Planting Project,
P.W. No. 4-85-9. Approved.
4
*85-649 From Fire Chief and Public Works Director on status of
State-mandated Fire Safety and Exit Program, Title 24, Article 7, of
California Administrative Code. Approved.
RESOLUTIONS
*85-650 Resolution No. 10769 "Amending the City of Alameda Deferred
Compensation Plan." Adopted.
*85-651 Resolution No. 10770 "Declaring copies of the Uniform
Building Code, 1985 Edition, placed on file with the City Clerk to be
public records; setting the time and place of public hearing on the
adoption of said Code by reference, and directing publication of
notice of said hearing." Adopted.
*85-652 Resolution No. 10771 "Authorizing execution of an
agreement with Alameda County for -,inor home repair services."
Adopted.
*85-653 Resolution No. 10772 "Confirming the appointment of
Diane B. Felsch as City Clerk." Adopted.
*85-654 Resolution No. 10773 "Declaring intention to vacate a
public utility easement, fixing date for hearing thereon, and ordering
publication and posting of notice (South Shore Center)." Adopted.
FINAL PASSAGE OF ORDINANCES
*85-655 Ordinance No. 2252, N.S. "Approving, authorizing and
directing execution of a lease between the Alameda Unified School
District as lessor and the City of Alameda as lessee relating to the
facilities known as the Alameda and Encinal Swim Centers." Adopted.
*85-656 Ordinance No. 2253, N.S. "Approving, authorizing and
directing execution of a lease between the City of Alameda as lessor
and ABAG Finance Corporation as lessee relating to the facilities
known as the Alameda and Encinal Swim Centers." Adopted.
*85-657 Ordinance No. 2254, N.S. "Approving, authorizing
and directing execution of certain lease financing document,
authorizing and directing execution of purchase agreement, approving a
preliminary official statement, and authorizing and directing certain
actions with respect thereto, in relation to the Swimming Pool
Rehabilitation Project." Adopted.
*85-658 Ordinance No. 2255, N.S. "Approving, authorizing
and directing execution of a lease between the City of Alameda as
lessor and the Alameda Unified School District as lessee relating to
the facilities known as the Alameda and. Encinal Swim Centers."
Adopted.
BILLS
* A List of Claims, certified by the City Manager as correct, was
approved in the amount of $2,491,256.46.
RETURN TO REGULAR AGENDA
SPECIAL ORDERS OF THE DAY
85-659 Charles Tillman, 2415 Roosevelt Drive, presented a flag
which once flew over Arlington Cemetery, along with a plaque defining
its authenticity, and requested that this flag be flown each year on
Veterans Day. It was also requested that the flag be hoisted to half
staff on Memorial Day and raised to full staff at noon the same day,
as per direction of General Logan's General Orders. Mr. Tillman
noted that the flag pole and green area on the south side of the Bay
Farm Island Bridge have been used for the past several years for
Memorial Day ceremonies, and a Vietnam Veterans Memorial was placed at
this location two years ago. He asked that Council go on record as
designating this area as "Veterans Square" and the road leading to it
as "Veterans Court ". The flag was procured by Congressman Fortney
Stark, and it was requested that the City send him a letter thanking
him for the flag and plaque.
WRITTEN COMMUNICATIONS
85 -660 From Harry Kullijian, President, Citizens Leading
Effective Action Now (C.L.E.A.N.), Post Office Box 918, Modesto,
requesting support of Assembly Bill 365 (Obscenity).
Councilmember Lucas stated that Council lacked complete information
concerning this bill, and she was concerned that additional costs may
be assumed by City. She moved that the communication be accepted
without action.
Councilmember Monsef seconded the motion, and asked the City Attorney
to comment. The City Attorney stated that the question of obscenity
is ultimately decided by the Supreme Court. President Diament
commented that the City has made progress through the use of zoning
regulations.
The motion carried by unanimous voice vote - 3 (Councilmembers Corica
and Hanna absent - 2).
85 -661 From Alta Goldner, 2149 Santa Clara Avenue, concerning a
parking regulations proposal for the 2100 block of Santa Clara Avenue.
President Diament summarized Mrs. Goldner's request that residents be
provided with preferential on- street parking by being issued stickers.
She noted that the Public Works Director had indicated that such an
arrangement would be difficult to enforce and would be usurping
others' rights to park on the public street.
The Public Works Director added that providing preferential parking
would result in transferring the parking problem to nearby streets,
and the program would be difficult to administer and very costly. It
was his opinion that initiating such a program in one area would also
result in similar requests from other neighborhoods.
Councilmember Lucas stated there is a similar program in San
Francisco where residents purchase parking stickers for $10 per year.
Violators are issued citations. She stated the program should not be
expensive to administer because it provides revenue. She concurred
that the program should not be initiated based on a request from one
resident and stated it may warrant consideration if requests were
received from a large number of residents.
President Diament stated if that were to occur, she would be
interested in determining what it would cost to administer such a
program. She did not believe that Council should consider initiating
the program at this time.
It was moved by Councilmember Lucas, and seconded by Councilmember
Monsef, that the communication be accepted. The motion carried by
unanimous voice vote - 3 (Councilmembers Corica and Hanna absent - 2).
85 -662 From Pastor Patrick Goodwin, Saint Joseph Basilica,
requesting permanent closure of Chestnut Street between the north side
of San Jose Avenue and the south side of San Antonio Avenue.
President Diament stated that the usual procedure would be to refer
the matter to the Traffic Advisory Committee (TAC).
Rebecca Vinson, representing St. Joseph Elementary School, 800 Peru
Street, requested permission to address TAC.
President Diament informed Ms. Vinson that notification of the
TAC meeting would be provided. The Public Works Director added that
the area would be posted, and each affected resident would receive
notice of the TAC meeting.
Fred Scullin, 1120 Chestnut Street, stated that he had addressed a
letter to the Council regarding this matter. He asked that this
letter be kept on file in the City Clerk's Office. He stated the
letter requests that minutes of Planning Board meetings held January 6
and 26, 1959, February 3, 1959, and March 3, 1959, be made available
to TAC regarding the closure of San Antonio Avenue. He noted that
many of the issues raised at that time are relevant to the current
request, including the concern that the closure of that street would
establish a dangerous precedent. Mr. Scullin noted that the reason
given for the request to close Chestnut is safety of school children;
it was Mr. Scullin's observation that closure of the street would
facilitate parking for the St. Joseph bingo games.
President Diament directed that the documents identified by Mr.
Scullin be forwarded to TAC.
Councilmember Monsef moved, and Councilmember Lucas seconded the
motion, that the matter be forwarded to the Traffic Advisory
Committee. The motion carried by unanimous voice vote - 3
(Councilmembers Corica and Hanna absent - 2).
85 -663 From James and Dolores Hill, 1022 Post Street, objecting
to variances at 3200 - 3206 Washington Street. (Continued from
October 1, 1985.)
This item was continued.
85 -664 From Alvin and Yolanda Stefani, 3214 Washington Street,
opposing Planning Board's approval of variances at 3200 - 3206
Washington Street. (Continued from October 1, 1985.)
This item was continued.
85 -665 From Washington Street neighbors regarding appeal of
Planning Board's approval of variances at 3200 - 3206 Washington
Street. (Continued from October 1, 1985.)
This item was continued.
HEARINGS
85-666 Hearing regarding the establishment of an Underground
District for project location on Otis Drive between High Street and
the Bay Farm Island Bridge.
The Public Works Director provided a brief report regarding proposed
undergrounding of utilities.
President Diament declared the public hearing open.
On the call for proponents, the following persons addressed Council:
William McCall, 1105 Mound. Street;
David Maxcy, Chairman of the Tree Advisory Committee, 1330 Bay Street;
and
Susan Harkey, Vice President, Ravenscove Townhome Association, 3119
Bayview Drive.
On the call for opponents, there were none.
Fred Scullin, 1120 Chestnut Street, requested to address Council under
the category of "information". He noted that a priority area had
already apparently been established by a committee which included only
one Alameda resident. He stated that citizens should have had an
opportunity to have provided input before priorities were established.
President Diament closed the public hearing.
President Diament commented that one of her major concerns in
connection with establishing an underground district is the cost to
rate payers.
The City Manager stated that the process for establishing the district
is set forth by ordinance which requires the committee, the public
hearing process, and a decision by the Council. He noted there will
be time for the public to fully understand the cost impacts.
Councilmember Lucas remarked that due to limited funds available for
the undergrounding process, it is necessary to use the funds to
achieve the most benefit for the most citizens. She concurred with
the committee's conclusion that the site in question is one which
will benefit almost every citizen.
Councilmember Monsef moved that the applicable resolution be taken out
of order and adopted at this time. Councilmember Lucas seconded the
motion.
RESOLUTIONS
85-667 Resolution No. 10774 "Establishing Underground Utility
District #1, Otis Drive between High Street and the Bay Farm Island.
Bridge, pursuant to Ordinance No. 2212, N.S."
The resolution was adopted by the following vote: Ayes:
Councilmembers Lucas, Monsef and President Diament - 3. Noes: None.
Absent: Councilmembers Corica and Hanna - 2.
Edwin Dankworth, President, Public Utilities Board, stated that the
Bureau of Electricity and the Public Utilities Board were not opposed
to undergrounding of utilities, but he did emphasize the substantial
costs involved. He also clarified that the Bureau had not established
undergrounding priorities, but had merely provided a list of suggested
areas.
President Diament and Councilmember Lucas both remarked that they
were pleased that the Bureau of Electricity has been following
Council's direction to commence the undergrounding process.
APPEALS
85-668 Consideration of appeal of Planning Board decision to
approve variance, V-85-34, for lot area and yard setbacks to
accommodate existing residences at 3204 and 3206 Washington Street,
and for front yard setback required at 3200 Washington Street, a
proposed new lot with a relocated residence. Applicant: Waldo
Williams. Appellant: Washington Street neighbors.
This item was continued.
RESOLUTIONS
85-669 Resolution No. 10775 "Ratifying Public Utilities Board
action in approving and authorizing execution of Transmission Agency
of Northern California Project No. 2 Agreement."
Councilmember Monsef moved for adoption of the resolution, and
Councilmember Lucas seconded the motion. The motion carried by the
following vote: Ayes: Councilmembers Lucas, Monsef and President
Diament - 3. Noes: None. Absent: Councilmembers Corica and
Hanna - 2.
85-670 Resolution No. 10776 "Authorizing acceptance of bids
and awarding contract for the Swimming Pool Rehabilitation Project."
Councilmember Lucas moved for adoption of the resolution, and
Councilmember Monsef seconded the motion. The motion carried by the
following vote: Ayes: Councilmembers Lucas, Monsef and President
Diament - 3. Noes: None. Absent: Councilmembers Corica and Hanna
2.
85-671 Resolution No. 10777 "Authorizing agreement between City
and School District regarding maintenance and operation of the Alameda
and Encinal Swim Centers."
Councilmember Monsef moved for adoption of the resolution, and
Councilmember Lucas seconded the motion. The motion carried by the
following vote: Ayes: Councilmembers Lucas, Monsef and President
Diament - 3. Noes: None. Absent: Councilmembers Corica and
Hanna - 2.
UNFINISHED BUSINESS
85-672 President Diament announced that Harold Hungerford had
resigned from the Rent Review Advisory Committee. She appointed
Roland Marzolf, Jr. as his replacement as a property owner
representative on the Committee.
85-673 President Diament stated she had circulated a communication
to Council from the United Seafood Americanization Coalition
requesting a resolution supporting protection of U.S. waters for
fishing. Councilmember Lucas requested that a staff report be made
available when this matter is scheduled for a Council agenda.
NEW BUSINESS
85-674 Councilmember Lucas referred to articles that have
appeared in the Times Star newspaper regarding litter and the
concentration of certain types of businesses in the City's business
districts. She requested that staff ask for a report from the Main
Street Project regarding their efforts in improving the appearance of
the business districts and attracting complementing businesses.
85-675 The City Attorney reported that legislation authorizing
local municipalities to pay punitive damages on behalf of employees
had recently been adopted by the State legislature. He commented that
many of the concerns he had concerning the bill were resolved by the
manner in which the legislation was written.
ADJOURNMENT
There being no further business to come before the Council, President
Diament adjourned the meeting at 8:38 p.m. The next regular
Council meeting was scheduled for November 19, 1985.
Respectfully submitted,
//
Diane B. Felsch
City Clerk