1983-08-02 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY AUGUST 2, 1983
The meeting convened at 7:40 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. Al Larson,
First Presbyterian Church.
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 1.
Absent: None.
MINUTES
Councilmember Monsef made a motion, seconded by Councilmember Lucas, that the Minutes
of the Regular Adjourned Meeting of June 10, 1983, be approved as submitted; the
motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
President Diament noted that a speaker had requested removal of the resolution
awarding a contract for the construction of Wheelchair Ramps.
Upon request, the Public Works Director stated the recommendation that by motion
the Council determine that the maintenance charges be a part of the CC & R's
(Conditions, Covenants, and Restrictions) for Tract 4659 and Maintenance Assessment
District for Harbor Bay Isle Business Park. (Resolution No. 10112)
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
recommendation be approved; the motion carried by unanimous voice vote - 5.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
Consent Calendar be approved with the exception of the resolution relating to
Wheelchair Ramps; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
Items so enacted are indicated by an asterisk ( *).
REPORTS AND RECOMMENDATIONS
*83 -370 From Assistant City Manager regarding purchase of Special Events Insurance
Coverage. Accepted.
*83 -371 From Public Works Director recommending acceptance of work by Rodding
Cleaning Machines, Inc., for Beach Road Sanitary Sewer Rehabilitation, No. P.W.
1 -83 -2. Approved.
*83 -372 From Public Works Director recommending acceptance of work by TDW Construction
Company for Island Drive Sanitary Sewer Force Main Replacement, No. P.W. 1 -83 -2.
Approved.
August 2, 1983
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RESOLUTIONS
*83-373 Resolution No. 10111 "Approving Parcel Map 4005 for division of property
at southwest corner of Park Street and Central Avenue, permitting recording thereof,
and finding said Parcel Map consistent with the City's General Plan (John L. Lineweaver,
Subdivider)." Adopted.
+83-374 Resolution No. 10112 "Adopting Plans and Specifications for construction of
Northerly Storm Drain System, Assessment District 81-1, calling for bids and
directing City Clerk to advertise same." Adopted. (See motion relating to resolution
under discussion of adoption of the Consent Calendar.)
*83-375 Resolution No. 10113 "Authorizing execution of Lease between City of
Alameda and Lydia Wilson-Young for sublease of Room #18 at the Mastick Senior
Center Complex as Studio Space for painting, drawing and photography." Adopted.
^83-376 Resolution No. 10114 "Resolution of the City Council of the City of
Alameda relating to the use of Interstate Rehabilitation Funds for State Route 17."
Adopted.
*83-377 Resolution No. 10115 "Awarding contract to Brinks, Incorporated for coin
collection of on and off street parking meters and authorizing execution thereof."
Adopted.
*83-378 Resolution No. 10116 "Concerning payment of fees due to City Bond and
Mortgage Corporation for preparation of City of Alameda Area of Chronic Distress
Target Study." Adopted.
FILING
*83-379 Plans and Specifications for construction of Northerly Storm Drain System,
Assessment District 81-1.
BILLS
+83-389 An Itemized List of C aims, certified by the City Manager as correct,
was approved in the amount of 209,567,88.
RETURN TO REGULAR AGENDA
President D1a0S8t requested resolutions appointing members to Boards be considered
after Written Communications.
COUnCil0e0ber Gorman made a motion, seconded by Councilmember Monsef, that the
request be approved; the motion carried by unanimous voice vote - 5.
WRITTEN COMMUNICATIONS
83-390 From Dmitri De Denko, 2811 Marina Drive, proposing a five-mile-per hour
and no-wake area for the Estuary.
Mr. Denko stated that the regulation already exists and proposed posting of signs
On the Park Street, Sweeney, and High Street bridges.
The Public Works Director stated that he would contact the County regarding posting
of the signs.
August 2, 1983
After further discussion, Councilmember Gorman made a motion, seconded by Councilmember
Lucas, that the communication be accepted and staff directed to investigate and
gather information as to what could be done to improve the situation; the motion
carried by unanimous voice vote - 5.
RESOLUTIONS
83 -391 Resolution No. 10117 "Reappointing Anthony R. Martinelli a Member of
the Social Service Human Relations Board.
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.
The Clerk administered the Oath of Office to Mr. Martinelli.
83 -392 Resolution No. 10118 "Reappointing John G. Roveda a Member of the City
Planning Board."
Councilmember Monsef made a motion, seconded by Councilmember Hanna, 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.
The Clerk administered the Oath of Office to Mr. Roveda.
HEARINGS
83 -393 Hearing regarding Harbor Bay Business Park Assessment District 83 -1.
President Diament declared the hearing open and explained procedures to be used
in the hearing.
William Monson, Engineer of Work, M & M Consultants, summarized the Engineer's
Report.
On the call for proponents, there were no speakers.
On the call for opponents, there were no speakers.
President Diament declared the public portion of the hearing closed.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
applicable resolutions be considered at this time; the motion carried by unanimous
voice vote - 5.
RESOLUTIONS
83 -394 Resolution No. 10119 "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 - Harbor Bay Business Park Assessment District 83 -1."
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.
August 2, 1983
83-395 Resolution N0, 10120 xA Resolution determining unpaid Assessments and pro-
viding for issuance of bonds - Harbor Bay Business Park Assessment District 83-1,"
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.
83-396 Resolution No. 10121 "A Resolution appointing Transfer Agent, Registrar and
Paying Agent (Bank of America) - Harbor Bay Business Park Assessment District 83-1,x
Councilmember Monsef made a motion, seconded by Councilmember Hanna, 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.
83-397 Resolution No. 10122 "A Resolution awarding sale of bonds - Harbor Bay Business
Park Assessment District 83-1." (Stone and Youngberg)
Councilmember Monsef made a motion, seconded by Councilmember Gorman, 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.
83-398 Resolution No. 10123 "A Resolution of award of Construction Contract - Harbor
Bay Business Park Assessment District 83-1,"
Councilmember Gorman made a motion, seconded by Councilmember Hanna, 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.
HEARINGS
83-399 Hearing to consider rezoning from C-1, Neighborhood Commercial to R-1, One-
Family Residential District, at 1349 and 1351 Weber Street.
The Planning Director stated that approval of the proposed rezoning would allow the
property owners to improve thir homes as under the existing zoning no structural modi-
fication or expansions may be made since they are considered a nonconforming use.
President Diament explained the procedures to be used in the hearing and declared
the hearing open.
On the call for proponents, there were no speakers; on the call for opponents, there
were no speakers.
President Diament declared the public portion of the hearing closed.
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the applicable
ordinance be considered at this time; the motion carried by unanimous voice vote -
G.
INTRODUCTION OF ORDINANCES
83-400 "An Ordinance reclassifying and rezoning certain property within the City
of Alameda by amending Zoning Ordinance No. 1277, New Series. Applicants: Gary and
Patti Ward, 1349 and 1351 Weber 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.
August 2, 1983
HEARINGS
83 -401 Hearing to consider General Plan Amendment GPA -83 -1 to change the land use
designation of a 1.2 acre parcel from Light Industrial to Single Family Residential
at 2001 Versailles Avenue. Applicant: City of Alameda." (Commonly known as the
Exxon Property)
83 -402 Hearing regarding rezoning, R -83 -3, to change the zoning designation from
M -1, Light Industrial, to R -1, One- Family Residential District, at 2001 Versailles
Avenue. Applicant: City of Alameda."
The Planning Director stated that consideration of rezoning had been initiated by
City Council, and the concern had been that continued industrial uses might not be
in the best interest of the neighborhood. He further stated that the Planning Board
had held several hearings and recommended the rezoning and amendment to the General
Plan
President Diament explained the procedures to be used in the hearings and declared
the hearings open.
On the call for proponents in favor of the Planning Board recommendation, the following
persons spoke:
Richard J. Freitas, 2800 Windsor Drive
Dennis Vales, 2801 Windsor Drive
John Lopes, 2811 Windsor Drive
Richard Bennett, 2815 Windsor Drive
John Becker, 2809 Yosemite Avenue
James Royer, 3100 Fernside Boulevard, spoke on the matter stating that he had no posi-
tion.
On the call for opponents, Anthony Head, Attorney for Richard King, spoke in opposition
to the Planning Board recommendation.
President Diament declared the public portion of the hearings closed.
Jon Gaule, 2832 Windsor Drive, inquired whether he could speak.
Councilmember Lucas made a motion, seconded by Councilmember Gorman, that he be allowed
to speak; the motion carried by unanimous voice vote - 5.
Mr. Gaule spoke in favor of the Planning Board recommendation.
President Diament declared the public portion of the hearings closed.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the General
Plan Amendment be adopted and property rezoned to R -1 -PD and that if the current owner
sold the property conditioned on rezoning that there be no charge for the rezoning
and General Plan Amendment applications.
Councilmember Lucas voiced disagreement with the portion of the motion that there
be no charge for the rezoning and General Plan Amendment applications.
August 2, 1983
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the General
Plan Amendment be adopted and the property rezoned to R-1-PD; the motion carried by
unanimous voice vote - 5.
In response to inquiry, the Planning Director recommended that the owner of the property
not be allowed to apply for rezoning and General Plan Amendment at no charge.
Councilmember Gorman made a motion that if the current owner sold the property conditioned
on rezoning that there be no charge for the rezoning and General Plan Amendment appli-
cations; the motion FAILED for lack of a second.
President Diament directed that the applicable legislation be read.
RESOLUTIONS
83-403 Resolution No. 10124 "Amending the Combined Land Use Plan of the General
Plan of the City of Alameda to change the land use designation of 2001 Versailles
Avenue from Light Industrial to Single Family Residential."
Councilmember Monsef made a motion that the resolution be adopted.
Councilmember Lucas offered an amendment to the resolution, accepted by Councilmember
Monsef, that it be designated Single Family Residential, R-l-PD,
Councilmember Lucas seconded the motion; the motion carried by the following vote:
Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes:
Non8, Absent: None.
INTRODUCTION OF ORDINANCES
83-404 "An ordinance reclassifying and rezoning certain property within the City
of Alameda by amending Zoning Ordinance No. 1277, New Series. Applicant: City of
Alameda, 2001 Versailles Avenue."
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: NOO2,
HEARINGS
83-405 Hearing regarding Federal Revenue Sharing Funds in an anticipated amount of
$570,592 for Entitlement Period XV (October 1, 1983 through September 30, 1984),
The City Manager stated that the hearing is required to be held prior to passage of
the Budget, and staff is recommending funds be used for General Fund operations, the
majority for the Police Department.
President Diament explained procedures to be used in the hearing and declared the
hearing open.
On the call for proponents, there were no speakers; on the call for opponents, there
were no speakers.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, to affirm the
use of Revenue Sharing Funds for the General Fund for 1882-83; the motion carried
by unanimous voice vote - 5.
August 2, 1983
83-400 Hearing to consider Budget for Fiscal Year 1983-1984.
The City Manager stated that a Work Session had been held on the Budget and summarized
the proposed Budget.
President Diament explained the procedures to be used in the hearing and declared the
hearing open.
On the call for proponents, there were no speakers; on the call for opponents, there
were no Sp2akerS.
President noted that the City Manager had requested an additional position in his
office, and the Library requested a part-time position be a full-time position.
The City Manager stated that the position in his office would be funded from Community
Improvement District tax increment monies.
Councilmember Lucas stated that those funds should be used to improve the District.
President Diament voiced concern about creating a permanent position.
After further discussion, Councilmember Gorman made a motion, seconded by
Monsef, that the additional position in the City Manager's Office be approved; ved; the
motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, and Monsef
- 3. Noes: Councilmember Lucas and President Diament - 2. Absent: None.
After discussion, Councilmember Lucas made a motion, seconded by Councilmember Gorman,
that the part-time position in the Library be approved as a full-time position,
contingent on the City obtaining additional revenues; the motion carried by
voice vote - 5.
'
Councilmember Lucas stated that she had requested the Finance Director to review account-
ing procedures at the Bureau of Electricity as there was a question as to whether
they need to retain the large amount of cash they currently do.
The Finance Director stated that the review had not been completed.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the applicable
resolution be considered at this time; the motion carried by unanimous voice vote -
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RESOLUTIONS
Resolution No. 10125
83-407 "Approving and adopting a Budget for the Fiscal Year 1983-1984, appropriating
certain moneys for the expenditures provided in said Budget for said Fiscal Year and
ratifying certain expenditures heretofore made."
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, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent:
None
INTRODUCTION OF ORDINANCES
83-408 Ordinance No. , New Series "Amending Section 17-461 of the Alameda Muni-
cipal Code to establish a Yield Right-of-Way on Cornell Drive at Bayo Vista Avenue."
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the ordinance
be introduced; the motion carried by unanimous voice vote - 5.
August 2, 1983
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FINAL PASSAGE OF ORDINANCES
83-409 Ordinance No. 2147, New Series "Authorizing a 25-year lease of Tideland Trust
Property located at the foot of Grand Street to Encinal Industries, Inc."
Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the ordinance
be finally adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None.
83-410 Ordinance No. 2148, New Series "Authorizing the City to enter into a Lease
Agreement with Encinal Industries, Inc. to lease real property for the Corporation
Yard for a period not to exceed 18 months."
Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the ordinance
be finally adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None.
83-411 Ordinance No. 2149, New Series "Amending the Alameda Municipal Code by adding
Chapter 11 to Title X thereof to require Automatic Fire Extinguishing Systems for
fire protection in certain buildings."
Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the ordinance
be finally adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Lucas, Monsef, and President Diament - 4. Noes: Councilmember Hanna - 1.
Absent: None.
83-412 Ordinance No. 2150, 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 Sections 11-14E2/i\ relating to adult entertainment; and adding Sections
11-14F1 through 11-14F15 relating to game machines."
The following persons spoke in opposition to the ordinance:
Fred Forrester, Mel/S Bowl
Richard Hausman, 1103 Regent Street
Councilmember Monsef made a motion, seconded by Councilmember Lucas, that the ordinance
be finally adopted; the motion carried by the following vote: Ayes: Councilmembers
Lucas, Monsef, and President Diament - 3. Noes: Councilmembers Gorman and Hanna - 2.
Absent: None.
NEW BUSINESS
83-413 President Diament noted that a Special Election would be held, and in response
to inquiry, the City Clerk stated that all materials must be submitted to the Registrar
Of Voters by September 16, 1983, if the Council wished to place a measure on the ballot.
Councilmember Lucas referred to a request from the Alameda Historical Society that tne
Alameda Historical MuS8Umbe designated aS the official repositoryof historical materials
and recommended that request be granted.
The City Manager stated that matter would be on the August 16 agenda for formal action.
83-414 The City Attorney noted that the dues for his membership in the Bay Planning
Coalition were $800 and inquired whether the Council wished to approve payment.
President Diament stated she would oppose payment on the basis that the makeup of the
Board did not include other cities.
August 2, 1983
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Courcilmember Gorman made a motion, seconded by Councilmember Hanna that payment be
approved; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna,
Lucas and Monsef- 4. Noes: President Diament - 1. Absent: None.
UNFINISHED BUSINESS
83-415 Resolution No. 10126 "Awarding contract to M. F. Maher for the construction
of Wheelchair Ramps, Phase 2, and authorizing execution thereof."
President Diament noted that the person who previously asked to speak on the resolu-
tion no longer wished to speak.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembors
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: NODe, Absent:
None.
ORAL COMMUNICATIONS, GENERAL
83-416 Anthony Palmer, 1825 Shoreline Drive, #211, read a letter into the record
complaining about his arrest on July 4, 1983.
Councilmember Hanna supplied Mr, Palmer with a copy of a report on the incident from
the Police Chief.
83-417 Gary McAfee, 2300 Central Avenue, stated that a building permit was issued
for the Alameda Theater, and the City should enforce the building permit and see
that the theater remains a theater.
The City Attorney stated that a building permit is not enforceable, but any use of
the building must comply with zoning regulations.
President Diament referred Mr. McAfee to the Planning Department,
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 11:05 p.m. The next Regular Council Meeting will be held Tuesday, August 16, 1933^
at 7:30 p.0.
Respectfully submitted,
DEEN SPEEGL
City Clerk
August 1983