1983-06-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY JUNE 7, 1983
The meeting convened at 8:15 p.m. (at the conclusion of the Community Improvement
Commission meeting) with President Diament presiding. The Pledge of Allegiance
was led by Councilmember Gorman. The Invocation was given by Rev. Wilfred Hodgkin,
Christ Church Parish.
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 5.
Absent: None.
MINUTES
Councilmember Lucas requested the Minutes of May 17, 1983, be corrected to indicate
that she voted "No" on Resolution No. 10051 regarding submittal of Community
Development Objectives and projected use of funds to the U.S. Department of Housing
and Community Development.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
Minutes of the meeting of May 17, 1983, be approved with the above correction;
the motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that items
listed on the Consent Calendar be adopted; the motion carried by the following
vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament -
5. Noes: N0Oe, Absent: None.
Items so enacted are indicated by an asterisk (*).
REPORTS AND RECOMMENDATIONS
*83-250 From Community Development Director recommending a hearing be scheduled
June 21" 1983, for review of the amended Alameda Marina Village UDAG application.
Approved.
*83-25l From Public Works Director recommending an extension of time to complete
improvements for Tract 3842 (Harbor Pointe - Harbor Bay Isle). Approved.
*83-252 From Public Works Director regarding the North Side Storm Drain Study.
Approved.
*83-253a From Personnel Officer regarding reduced work-time options for City employees.
Approved.
RESOLUTIONS
*83-253 Resolution No. 10054 "Authorizing execution of amendment to agreement
with Harbor Bay Isle Associates regarding contract administration and coordination
for Harbor Bay Parkway and Harbor Bay Business Park Assessment District 81-1."
Adopted.
June 7, 1983
*83 -254 Resolution No. 10055 "Authorizing open market negotiation for oil seal
and oil treatment of certain streets, Phase 2, in accordance with Plans and Specifications
adopted therefor." Adopted.
*83 -255 Resolution No. 10056 "Authorizing execution of agreement with John S. North
for personal services." Adopted.
*83 -256 Resolution No. 10057 "Adopting Plans and Specifications for the pruning
of City street trees in various locations in the City of Alameda, calling for bids
and directing City Clerk to advertise same." Adopted.
*83 -257 Resolution No. 10058 "Adopting Plans, Special Provisions and Specifications
for mechanical systems maintenance at the Police Administration Building, calling
for bids and directing City Clerk to advertise same." Adopted.
*83 -258 Resolution No. 10059 "Authorizing the convening of a Joint Public Hearing
with the Community Improvement Commission of the City of Alameda to consider a
plan and report thereon for the West End Community Improvement Project Area." Adopted.
*83 -259 Resolution No. 10060 "Adopting Specifications for furnishing to the
City of Alameda coin collection of on and off street parking meters within the
City, calling for bids and directing City Clerk to advertise same." Adopted.
INTRODUCTION OF ORDINANCES
*83 -260 Ordinance No. , New Series "Amending the Alameda Municipal Code by
amending Section 17 -432 thereof relating to stop signs on Taylor Avenue at Fifth
Street and on Maitland Drive at its intersection with Mecartney Road and Melrose
Avenue." Passed to print.
*83 -261 Ordinance No. , New Series "Amending the Alameda Municipal Code by
adding section 17 -3312 thereto to restrict parking in designated taxicab stands."
Passed to print.
FINAL PASSAGE OF ORDINANCES
*83 -262 Ordinance No. 2132, New Series "Authorizing grant of easement to State
of California, Department of Transportation for street purposes (Doolittle Drive
at Harbor Bay Parkway)." Finally adopted.
*83 -263 Ordinance No. 2133, New Series "Authorizing sale of certain City -owned
property to Alameda Marina Village Associates (Vicinity of Mariner Square Drive
and Work Street)." Finally adopted.
BILLS
*83 -264 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of S343,659.57.
FILING
*83 -265 Amendment to agreement with Harbor Bay Isle Associates (Assessment District
81 -1).
Agreement with John S. North for personal services.
Plans and Specifications for pruning of City street trees.
Plans, Special Provisions and Specifications for mechanical systems maintenance
at Police Administration Building.
Specifications for coin collection of on and off street parking meters.
June 7, 1983
� 20
RETURN TO REGULAR AGENDA
83-266 From Stuart S. Williams, Attorney for Island City Gun Club, regarding
reopening of the Gun Club and under what criteria the reopening would be acceptable.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
applicable ordinance be considered concurrently with the written communication;
the motion carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
83-267 Ordinance No. , New Series "Amending the Alameda Municipal Code by
adding Article 3 to Chapter 5 of Title XVI and by adding Article 4F to Chapter 1 of
Title XI thereof relating to Firing Ranges."
Mr, Williams stated there are three alternatives: 1) The proposed enclosed shooting
site will cost a considerable amount of money, and it is not known where the funds
would come from, the City, Harbor Bay Isle Associates, or the Gun Club or, possibly,
all three; 2) The Gun Club could withdraw its application for reopening and proceed
with litigation which is ongoing at this time; and 3) Representatives of the Gun
Club, the City, and Harbor Bay Isle Associates could meet and report back at the next
Council meeting.
The following persons spoke regarding various aspects of the Gun Club facility such
as design alternatives, cost of building, and safety requirements:
Norman Lynds, 1142 Marinas Lane
James Agee, 2811 Teagarden Street, San Leandro
Ted N. Busch, Consultant to the City
William Denardo, 122 Minni3 Avenue, Milpitas
James Davis, Attorney for Harbor Bay Isle Associates, stated that his client would
not pay for the Gun Club facility.
Mr. Denardo stated that the noise requirement in the ordinance was unreasonable.
The City Attorney stated that the ordinance could be amended to provide that noise
levels at property line not exceed 70 dB from 7:00 a.m. to 10:00 p.m. and 65 dB
at other times as required for other businesses.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
ordinance be amended relative to the noise requirement as indicated above and
introduced; the motion carried by the following vote: Ayes: Councilmembers Gorman,
Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None.
UNFINISHED BUSINESS
President Diament requested appointments to the Board of Appeals be considered
at this time.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
matter be heard at this time; the motion carried by unanimous voice vote - 5.
83-267a Consideration of appointment of two Members to the Board of Appeals.
President Diament nominated Josephine BiXler to the Board of 4opea]3, Councilmember
Gorman made a motion, seconded by Councilmember Hanna, that the nomination be approved; the
motion carried by unanimous voice vote - 5.
June 7, 1983
. 21
President Diament nominated Neal Coe to the Board of Appeals. Councilmember Gorman
made a motion, seconded by Councilmember Monsef, that the nomination be approved;
the motion carried by unanimous voice vote - 5.
WRITTEN COMMUNICATIONS
83 -268 From Terry Soley, United Cable Television, regarding transfer of the franchise
to a limited partnership.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the applicable
ordinance be considered concurrently with the written communication; the motion
carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
83 -269 Ordinance No. , New Series "An Ordinance permitting limited transfer
of Cable Franchise for purposes of bringing in limited partners only to finance
the construction of the Alameda System."
The following persons spoke in opposition to the ordinance:
Charles Tillman, 2415 Roosevelt Drive
Bill Thomas, 1518 Pearl Street
John Barni, 1277 Bay Street
Joseph Sullivan, 3221 Liberty Avenue
Darlene Evans, 1215 Grand
Wayne Milani, Chamber of Commerce, spoke in support of the or.dtnance.
The Council discussed the allegations made by Mr. Thomas that illegal activities
had occurred, and it was the consensus of Council that the City Attorney take the
proper course of action to have the matter investigated.
Terry Soley, United Cable Television, stated that if the ordinance is approved,
United proposes the reduction of the Tier I rate by one dollar from S3.95 to S2.95
and the extension of the rate guarantee period for Tier I from three years to four
years.
Councilmember Gorman inquired whether anything significant had happened to date,
out of the control of United, that had delayed building of the System.
Mr. Soley responded, "No."
Councilmember Lucas inquired whether United would be able to meet the deadlines,
and Mr. Soley stated that he believed United could meet contractual obligations.
Councilmember Gorman made a motion that the communication be accepted and the ordinance
amended to include the following conditions: 1) That United submit, within 60
days after signing the agreement with Times Fiber, revised pro forma on fiber optics
and the rate change; 2) That United supply for Council review, new system operations
standards for fiber optics to compare with existing standards; also, that Council
not review limited partners.
Councilmember Lucas seconded the motion and offered an amendment, accepted by Councilmember
Gorman,that United's contractual /legal liabilities are not changed.
Councilmember Monsef offered an amendment to the motion, accepted by Councilmembers
Gorman and Lucas, that United meet all other contractual agreements and deadlines.
June 7, 1983
2
Councilmember Hanna read and filed a statement of his position on the matter.
The motion, as amended, carried by the following vote: Ayes: Councilmembers Gorman
Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None.
ADJOURNMENT
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the meeting
be adjourned to Friday, June 10, 1983, at 7:30 p.m.; the motion carried by the
following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 5. Noes: None. Absent: None.
There being no further business to come before the Council, the meeting adjourned
at 11:00 p.m.
Respectfully submitted,
DEEM SPEEGLE
City Clerk
June 7, 1983