1983-07-05 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY JULY 5, 1983
The meeting convened at 7:55 p.m. (at the conclusion of the Housing Authority
Meeting) with President Diament presiding. The Pledge of Allegiance was led
by Vice Mayor Hanna. The Invocation was given by Father Sloan, St. BarnabasChurch.
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 5.
Absent: None.
CONSENT CALENDAR
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that all
items on the Consent Calendar be adopted; the motion carried by the following
vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament
5. Noes: None. Absent: None.
Items so enacted or adopted are indicated by an asterisk ( *).
RESOLUTIONS
*83 -337 Resolution No. 10092 "Authorizing execution of agreement with Lynn
Bowers & Associates, Inc. for the engineering of Pease Avenue Assessment District,
Local Improvement District 1982 -2." Adopted.
*83 -338 Resolution No. 10093 "Awarding contract to Rodoni - Becker Co., Inc.
for Mechanical Systems Maintenance in the Police Administration Building for
Fiscal Year 1983 -84 and authorizing execution thereof." Adopted.
*83 -339 Resolution No. 10094 "Authorizing joint operating agreement with the
Alameda Chapter of the American National Red Cross relating to natural disasters."
Adopted.
INTRODUCTION OF ORDINANCES
*83 -340 Ordinance No. , New Series "Amending the Alameda Municipal Code
by amending Article 4 of Chapter 3 of Title XVII thereof to replace the two -
hour parking limit at 900 Santa Clara Avenue with a 24- minute parking limit."
Passed to print.
FINAL PASSAGE OF ORDINANCES
*83 -341 Ordinance No. 2140, New Series "Amending the Business License Tax of
the City of Alameda relating to Television Subscription Service." Finally adopted.
BILLS
*83 -342 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of 5429,689.82.
RETURN TO REGULAR AGENDA
July 5, 1983
WRITTEN COMMUNICATIONS
83 -343 From Joseph M. Sullivan, 3221 Liberty Avenue, regarding alleged violations
of the City Charter, Municipal Code, hybrid rules of order, and restriction of
public participation before the Council.
Mr. Sullivan expressed objections to the rules of order used at Council meetings.
With the consensus of Council, President Diament ordered the correspondence filed.
83 -344 From Toward Utility Rate Normalization, Executive Director Sylvia M.
Siegel, submitting proposal for funding participation in providing professional
representation before the California Public Utilities Commission and other administrative
agencies and courts on utility matters attached.
Councilmember Gorman noted that participation would be desirable, but the City
does not have the funds, and made a motion, seconded by Councilmember Monsef,
that the communication be accepted and staff directed to communicate with the
organization informing them the City is unable to contribute at this time; the
motion carried by unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
83 -345 From Chairman of Golf Commission regarding Capital Improvements for the
Golf Course.
Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the
report be accepted, appreciation expressed to the Commission for the information,
and the Commission informed that the Council will be discussing those matters
during Capital Improvement Project hearings; the motion carried by unanimous voice
vote - 5.
83 -346 From City Manager regarding Capital Improvement Project priorities.
Councilmember Lucas made a motion, seconded by Councilmember Hanna, that the
recommendation of the City Manager that staff assist the Library Board in planning
future renovation of the Library and that City Hall restoration be given priority
for completion as funding becomes available be approved; the motion carried by
unanimous voice vote - 5.
President Diament noted that it would also be appropriate to discuss during budget
sessions.
RESOLUTIONS
83 -347 Resolution No. 10095 "Establishing rates and fees to be charged for
play on Alameda Municipal Golf Courses."
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
President Diament requested the Golf Commission to consider resident rates for
retirees who are not old enough for official senior citizen status.
83 -348 Resolution No. 10096 "Adopting Plans and Specifications for traffic
signal and lighting system at Central Avenue and Ballena Boulevard /Fourth Street,
calling for bids and directing City Clerk to advertise same."
Councilmember Monsef stated that the Bureau of Electricity might be able to do
the work cheaper.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
resolution be adopted and staff directed to continue discussions with developer
to pay their share and to investigate the possibility of the Bureau of Electricity
doing the work; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, and President Diament - 4. Noes: Councilmember Monsef - 1.
Absent: None.
83 -349 Resolution No. 10097 "Rejecting all proposals received and authorizing
Public Works Director to negotiate on the open market for construction of the
Alameda Corporation Yard (Maintenance Service Center)."
After discussion of the language, the City Attorney recommended the resolution
be amended to provide that the Public Works Director negotiate terms for construction
of the facility.
Councilmember Hanna made a motion, seconded by Councilmember Gorman,that the
resolution be amended as recommended and adopted; the motion carried by the following
vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament -
5. Noes: None. Absent: None.
83 -350 Resolution No. 10098 "Resolution authorizing the issuance of 51,350,000
principal amount of City of Alameda 1983 Commercial Mortgage Revenue Bonds (Cornnuts
Corporate Headquarters Project)."
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
83 -351 Resolution No. 10099 "Resolution of the City Council of the City of
Alameda approving, authorizing and directing execution of agreement for bond
counsel services with Jones Hall Hill & White, a professional law corporation."
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
83 -352 Resolution No. 10100 "Authorizing execution of amendment to agreement
among the City of Alameda, Alameda Unified School District, and Alameda Swimming
Pool Association relating to the Alameda and Encinal Swim Centers."
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
July 5, 1983
INTRODUCTION OF ORDINANCES
83 -353 Ordinance No. , New Series "Amending the Alameda Municipal Code by
amending Sections 2 -321, 2 -322 and 2 -323 thereof to remove Ex Officio Members
of the City Golf Commission."
Ethel Ottosen, representing the League of Women Voters, spoke in support of the
ordinance.
President Diament stated that she felt there was value in having a Councilmember
on the Golf Commission
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the
ordinance be introduced; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, and Monsef. Noes: President Diament - 1. Absent: None.
83 -354 Ordinance No. , New Series "Amending the Alameda Municipal Code by
amending Article 4 of Chapter 4'of Title XVII thereof to install traffic signals
at the intersection of Doolittle Drive and Harbor Bay Parkway."
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
ordinance be introduced; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
83 -355 Ordinance No. , New Series "Amending the Alameda Municipal Code by
amending Chapter 3 of Title XVII thereof to establish No Parking Zones on portions
of Central Avenue at its intersection with Ballena Boulevard /Fourth Street."
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the
ordinance be introduced; 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
83 -356 Ordinance No. 2141, New Series "Ordinance adopting West End Community
Improvement Plan for the West End Community Improvement Project Area and making
certain findings and determinations pursuant to the Community Redevelopment Law
of the State of California."
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the
ordinance be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
83 -357 Ordinance No. , New Series "Amending the Alameda Municipal Code by
amending Chapter 11 to Title X thereof to require Automatic Fire Extinguishing
Systems for fire protection in certain buildings."
Don Parker, representing Alameda Marina Village Associates, proposed an amendment
to Section 5 of the ordinance regarding substitution of an approved automatic
sprinkler system for one -hour fire resistive construction as permitted in Section
508 of the Uniform Building Code and stated it had been agreed to by the Fire
Department. He also proposed an amendment to Section 2 regarding waivers and substitutions.
July 5, 1983
The following persons spoke in opposition to the ordinance:
Thomas Dusea,Schirmer Engineering
David McIntyre, Alameda County Apartment House Association
Peter Davis, 905 Ironwood
The City Attorney recommended Page 2, Section 10 -1114 be changed to read "interpretations"
instead of exemptions.
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the City
Attorney be directed to draft amendments to the ordinance in an acceptable form
including amendments as requested by the developer, deletion of Section 10 -1123
relating to appeals and including the City Attorney's recommendation regarding
Section 10 -1114, and that the ordinance be placed on the agenda for introduction at
the next meeting; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
83 -358 Ordinance No. , New Series "Amending the Alameda Municipal Code by
repealing Sections 18 -521 through 18 -525 relating to pinball machines; amending Section
11- 14E2(h) and adding Section 11- 14E2(i) relating to adult entertainment; and adding
Sections 11 -14F1 through 11 -14F16 relating to game machines.
The following persons spoke in opposition to the ordinance:
Charles A. Birkholm, 1835 San Jose
Richard Martin, 1700 Pearl
Carroll Tarver, 114 Haight Avenue
Richard Hausman, 1103 Regent
Councilmember Gorman, made a motion, seconded by Councilmember Hanna, that the
ordinance be adopted.
President Diament and Councilmember Lucas spoke in support of including the provision
that 15 or more machines not be permitted within 500 feet of any residentially -
zoned district.
Councilmember Monsef stated that he had voted for the ordinance at the previous
meeting but that he had received numerous phone calls and apparently the issue
had created a division in the community.
Upon call of the roll, the motion failed by the following vote: Ayes: Councilmembers
Gorman and Hanna - 2. Noes: Councilmembers Lucas, Monsef, and President Diament - 3.
Noes: None.
Councilmember Lucas requested that the ordinance be reintroduced at the next meeting
with inclusion of provisions of the 500 foot requirement and the grandfather
clause establishing a five -year amortization period and use permit for businesses
that already have video games.
UNFINISHED BUSINESS
83 -359 Consideration of appointment of one member to Civil Service Board.
President Diament nominated Betty A. Williams for reappointment to Civil Service
Board.
July 5, 1983
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
appointment be approved; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
No0e,
83-360 Consideration of appointment of one member to Historical Advisory CnmmiS31OO,
President Diament nominated Robert E. Decelle for appointment to the Historical
Advisory Commission.
Councilmember Monsef made a motion, seconded by Councilmember Lucas, that the
appointment be approved; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
83-361 Consideration of appointment of one member to Housing Commission.
President Diament nominated Pamela K. Mackenzie for appointment to the Housing
CUN0i33iOO,
Councilmember Gorman made a motion, seconded by Councilmember M0nS2f'that the
appointment be approved; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1.
Absent: None.
83-362 Consideration of appointment of one member to Library Board.
President Diament nominated Gertrude B. Woods for appointment to the Library Board.
The nomination was seconded by Councilmember Hanna and carried by the following
vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5.
Noes: N0D8, Absent: None.
83-363 Consideration of appointment of two members to Planning Board.
President Diament nominated Linda Pritchard for appointment to the Planning Board.
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the
appointments to the Planning Board be held over; the motion carried by unanimous
voice vote - 5.
83-364 Consideration of appointment of two members to Public Utilities Board.
President Diament nominated Edwin G. Dankworth for appointment to the Public
Utilities 8oard,
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the
appointment be approved; the motion carried by unanimous voice vote - 5.
President Diament nominated Charles E. Roberts for reappointment to the Public
Utilities Board.
Councilmember Monsef made a motion, seconded by Councilmember Hanna, that the
appointment be approved; the motion carried by unanimous voice vote - 5.
83-365 Consideration of appointment of one member to Social Service Human Relations
Board.
July 5, 1983
President Diament nominated David L. Gilbertson for appointment to the Social Services
Human Relations Board.
Councilmember Lucas made a motion, seconded by Councilmember Gorman, that the
appointment be approved; the motion carried by unanimous voice vote - 5.
83 -366 President Diament recommended the City oppose withdrawal of Alameda County
from the Solid Waste Management Authority.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that a letter
be sent to the Solid Waste Management Authority and Alameda County opposing withdrawal
of the County from that body; the motion carried by unanimous voice vote - 5.
Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the
meeting be extended 15 minutes; the motion carried by unanimous voice vote -
5.
FILING
83 -367 Plans and Specifications for traffic signal and lighting system at Central
Avenue and Ballena Boulevard /Fourth Street.
Agreement for bond counsel services with Jones Hall Hill & White.
Amendment to agreement relative to Alameda and Encinal Swim Centers.
Agreement with American National Red Cross relating to natural disasters.
ORAL COMMUNICATIONS, GENERAL
83 -367 Emmi H. Fischl, 1825 Shoreline Drive, #114, complained about the arrest
of her son on July 4, 1983.
President Diament stated that Council would receive a report from the Police
Department on the matter.
83 -368 Bruce Jackson, 478 Capitol Street, Oakland, praised the July 4th Parade
and stated that he hoped there would be many more.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 11:20 p.m. The next regular meeting will be held Tuesday, July 19, 1983, 7:30 p.m.
Respectfully submitted,
DEEN SPEEGL
City Clerk
July 5, 1983