1984-10-02 Regular CC Minutes=
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY OCTOBER 2, 1984
The meeting convened at 8:25 p.0. (at the conclusion of the Housing Authority
Meeting) with President DiaNent presiding. The Pledge of Allegiance was led by
Councilmember Gorman. The Invocation was given by Rev. Martell H. Twitchel],
Retjred,
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Did0ent - 5.
Absent: N0D8,
MINUTES
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the
Minutes of the Special Council Meeting of July 31, 1984, be approved as submitted;
the motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilmember Hanna made motion, seconded by Councilmember Monsef that the Consent
Calendar be adopted; the motion carried by the following vote: Ayes: Council-
members Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None.
Absent: None.
Items so enacted or adopted are indicated by an asterisk (*).
REPORTS AND RECOMMENDATIONS
*84-801 From Public Works Director recommending acceptance of work by Gallagher
and Burk, Inc., for construction of Fortmann Way and Animal Shelter Access Road,
NO, PW 5-84-15. Approved.
*84-802 From Public Works Director submitting report on planned repairs on the
Alameda Belt Line tracks on Clement Avenue. Accepted.
RESOLUTIONS
*84-803 Resolution No. 10448 "Authorizing open market purchase of various pieces
Of equipment for the Public Works Department, Maintenance Services Division."
Adopted.
*84-804 Resolution No. 10449 "Authorizing execution of offer of grant from the
Economic Development Administration for extension of Harbor Bay Parkway." Adopted.
*84-805 Resolution No. 10450 "Awarding contract to Bepco, Inc. for drainage
improvement on Webster Street, Taylor Avenue to Santa Clara Avenue, and authorizing
execution thereof." Adopted.
BILLS
*84-806 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of $1,239,337.48.
Octobqr 2, 1984
3 7 6
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
84 -807 From Alameda City Taxpayers Advocate, Inc., signed by L.A. Patton, President,
relative to possible ballot measures regarding the Library tax, a site for a new
Library, and use of the present Library for the Alameda Historical Museum.
President Diament stated that it was a complicated proposal and recommended it
be forwarded to the Library Board for their comments.
Councilmember Lucas stated it would be premature because a decision has not been
reached on the Library tax case and made a motion, seconded by Councilmember Hanna,
that staff be directed to hold in abeyance until a decision is reached by the
Board of appeals, and then the matter be brought back to Council; the motion carried
by the following vote: Ayes: Councilmembers Hanna, Lucas, and Monsef - 3. Noes:
Councilmember Gorman and President Diament - 2. Absent: None.
84 -808 From City of Livermore, signed by Mayor Dale Turner, requesting the Council
adopt a Resolution opposing the present Las Positas development plan.
Marshall Kamena, City of Livermore Councilmember, spoke in support of the request.
Councilmemeers Lucas and Monsef indicated they did not have sufficient information
about the project.
Councilmember Hanna made a motion, seconded by President Diament, to adopt a resolution
in support of City of Livermore's position.
Councilmember Gorman noted the proposed project was not within the current Livermore
City limites.
The motion FAILED by the following vote: Ayes: Councilmember Hanna and President
Diament - 2. Noes: Councilmember Gorman - 1. Abstaining: Councilmembers Lucas
and Monsef - 2. Absent: None.
HEARINGS
84 -809 Hearing regarding Marina Village Assessment District 84 -3.
President Diament noted it had been requested that the hearing be declared open
and continued to November 6, 1984, with mutual agreement of all parties concerned.
Councilmember Hanna made a motion, seconded by Councilmember Lucas, to approve
the request; the motion carried by unanimous voice vote - 5.
President Diament declared the hearing open and continued to November 6, 1984.
REPORTS AND RECOMMENDATIONS
84 -810 From City Manager and City Attorney regarding Federal Communications
Commission (FCC) waiver relative to Cable Television Franchise.
October 2, 1984
Fred Scullin, 1120 Chestnut Street, stated that he felt United Cable Television
did not intend to pay the late penalties imposed by the City.
The City Manager stated that two letters had been sent, but no responses received
to date.
The City Attorney noted some changes would be made to the Franchise pursuant to
recent FCC decisions.
Councilmember Monsef stated he felt it would be appropriate to establish a date
asking United Cable for a response on the penalty issue.
Councilmember Lucas made a motion, seconded by Councilmember Hanna, to accept
the report; the motion carried by the following vote: Ayes: Councilmembers Gorman,
Hanna, Lucas, and President Diament - 4. Noes: Councilmember Monsef - 1. Absent:
None.
84 -811 From General Manager and Chief Engineer of the Bureau of Electricity regard-
ing 115kV.
President Diament noted there were several speakers and Mr. Cole had
requested 15 minutes.
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that one
speaker be allowed 15 minutes and the others limited to five minutes: the motion
carries by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, and
Monsef - 4. Noes: President Diament - 1. Absent: None.
The following persons spoke in opposition to installation of overhead poles for
the 115kV Project along Marina Drive:
Les Cole, 3026 Marina Drive
Edward Payne 3127 Marina Drive
Miner Chipman, IV, 913 Taylor Avenue
Dmitri De Denko, 2811 Marina Drive
After discussion, Councilmember Gorman made a motion, seconded by Councilmember
Hanna, to direct Bureau of Electricity to resume construction of overhead wiring
for the 115kV as soon as they are capable of doing so and that Council consider
the following: 1) If residents want to form an Assessment District to underground
the Marina Drive portion, and 2) Placement of matter on ballot to see if citizens
want to pay costs for undergrounding that leg of the 115kV Project.
Councilmember Lucas stated that she felt the project benefited all of Alameda
and had received calls from persons from other areas.
Councilmember Monsef noted that the figures of the Bureau of Electricity had been
challenged with no response from the Bureau, and he felt it was worth the difference
to underground for a cleaner environment.
The motion carried by the following vote: Aues: Councilmembers Gorman, Hanna,
and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent:
None.
October 2, 1984
3 178
RESOLUTIONS
84 -812 Resolution No. "A resolution overruling protests (Marina Village
Assessment District 84 -3).
President Diament noted this item would be withdrawn as it was in conjunction
with the hearing that had been continued.
84 -813 Resolution No. "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)."
President Diament noted this item would be withdrawn as it was in conjunction
with the hearing that had been continued.
84 -814 Resolution No. 10451 "Authorizing appointment of a High School Youth
Representative to the Social Service Human Relations Board."
Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the
resolution be adopted; the motion carried by the following vote: Ayes: Council -
members Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None.
Absent: None.
84 -815 Resolution No. 10452 "Resolution authorizing operating agreement with
Drexel Burham Lambert for services as underwriter for Housing Finance Program
under the Mortgage Revenue Bond Issue No. 2."
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the
resolution be adopted; the motion carried by the following vote: Ayes: Council -
members Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None.
Absent: None.
84 -816 Resolution No. 10453 "Resolution authorizing agreement with Jones Hall
Hill & White for special legal services for Housing Finance Program under the
Mortgage Revenue Bond Issue No. 2."
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the
resolution be adopted; the motion carried by the following vote: Ayes: Council -
members Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None.
Absent: None.
84 -817 Resolution No. 10454 "Accepting proposal as agreement with the Land Economics
Group to perform Feasibility Study for the Housing Finance Program under the Mortgage
Revenue Bond Issue No. 2."
Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the
resolution be adopted; the motion carried by the following vote: Ayes: Council -
members Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None.
Absent: None.
84 -818 Resolution No. 10455 "Resolution authorizing the appropriation of $18,000
from the City General Fund for deposit and reserves for Mortgage Revenue Bond
Issue No. 2."
October 2, 1984
84 -818 Resolution No. 10456 "Authorizing extension of agreement with Gabriel -
Roche Associates to provide an Interim Director of the Community Development
Department."
Councilmember Monsef spoke in opposition to hiring a consultant to act as
Department Head for a City Department.
Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the
resolution be adopted; the motion carried by the following vote: Ayes: Council -
members Gorman, Hanna, and President Diament - 3. Noes: Councilmembers Lucas
and Monsef - 2. Absent: None.
INTRODUCTION OF ORDINANCES
84 -819 Ordinance No. , New Series "Amending the Alameda Municipal Code by
amending Article 6, Chapter 1 of Title XI thereof relating to time periods and
transferability of Variances and Use Permits."
Fred Scullin, 1120 Chestnut Street, spoke in opposition to certain wording in
the ordinance.
Councilmember Lucas made a motion, seconded by Councilmember Hanna, that the ordi-
nance be introduced; the motion carried by the following vote: Ayes: Council -
members Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None.
Absent: None.
84 -820 Ordinance No. , New Series "Amending the Alameda Municipal Code by
adding Chapter 3 to Title VII thereof relating to required undergrounding of all
overhead utility facilities."
Jack Shepherd, General Manager of Bureau of Electricity, requested the Public
Utilities Board have an opportunity to review the ordinance.
The City Attorney stated he wished to include some minor changes and clarification
of specific exemptions.
Lucas stated that it should apply to all lines and in the future should include
115kV lines.
Councilmember Lucas made a motion, seconded by Councilmember Gorman, to introduce
the ordinance with changes discussed and withhold final decision until have heard
from the Public Utilities Board; the motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes:
None. Absent: None.
FINAL PASSAGE OF ORDINANCES
84 -821 "Approving amendment to the Master Plan for Alameda Marina Village."
The Planning Director stated that staff had met with the developer and suggested
minor changes in wording to clarify which would not change the intent, character
or results and summarized the suggested changes (Exhibit B).
October 2, 1984
Don Parker, Alameda Marina Village Associates, expressed concern regarding Condi-
tion No. 42 relating to public improvements and that it seemed open -ended as they
were working with the City on the Assessment District and Cooperation Agreement.
The City Attorney stated that the Cooperation Agreement would supercede the condi-
tion, and Mr. Parker expressed agreement.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
ordinance be finally adopted; the motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, and President Diament - 4. Noes: Councilmember
Monsef - 1. Absent: None.
NEW BUSINESS
84 -822 Councilmember Gorman made a motion, seconded by Councilmember Lucas, that
Planning staff be directed to initiate rezoning for South Shore Shopping Center
from C2 to C2 -PD; the motion carried by unanimous voice vote - 5.
84 -823 President Diament stated she had received a letter from a Park Street
merchant who had two burglaries and had ask for police foot patrol of the area.
The City Manager stated there had been some reports regarding crime prevention,
and he would further explore this issue.
FILING
84 -824 Agreement with Drexel Burham Lambert relative to Housing Finance Program
under Mortgage Revenue Bond Issue No. 2.
Agreement with Jones Hall Hill & White relative to Housing Finance Program
under Mortgage Revenue Bond Issue No. 2.
Proposal Agreement with Land Economics Group to perform Feasibility Study
for Housing Finance Program under the Mortgage Revenue Bond Issue No. 2.
Agreement extension with Gabriel -Roche Associates to provide an Interim
Director of Community Development Department.
ORAL COMMUNICATIONS, GENERAL
84 -825 Theodore Berry, Municipal Court Commissioner, spoke regarding enforcement
of infractions and requested assistance from the City in establishing procedures.
The City Attorney stated he would meet with him on that matter.
ADJOURNMENT
President Diament ordered the meeting adjourned to an Executive Session for discussion
of personnel and litigation matters.
At the conclusion of discussion, it was determined that no action would be taken
at this time.
There being no further business to come before the Council, the meeting adjourned
at 12:05 a.m. The next regularly scheduled meeting will be held Tuesday, October 18,
1984, at 7:30 p.m.
Respectful ]y submitted,
Deen Speeg1Je
City Clerk
October 2, 1984