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1983-11-15 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 15, 1983 The meeting convened at 7:30 p.m. with President Diament presiding. The Pledge of Allegiance was led by Councilmember Monsef. The Invocation was given by Rev. James T. Oldham, First Baptist Church. ROLL CALL: Present: Councilmember Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. MINUTES 4 Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the Minutes of the Regular Council Meeting of October 18, 1983, and the Regular Adjourned Meeting of October 20, 1983, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilmember Gorman made a motion, seconded by Councilmember Monsef, that 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 ( *). REPORTS AND RECOMMENDATIONS *83 -568 From Finance Director submitting Investment Portfolio as of October 31, 1983. Accepted. *83 -569 From Finance Director submitting Financial Report as of September 30, 1983. Accepted. *83 -570 From Public Works Director recommending acceptance of work by Mountain Cascade, Inc., for Assessment District 81 -1 Storm Drain Line A and B, No. P.W. 7- 82 -12. Approved. *83 -571 From Public Works Director recommending acceptance of work by Bay Cities Paving & Grading, Inc., for repair and resurfacing of certain streets, Phase 2, No. P. W. 1 -83 -3. Approved. *83 -572 From Public Works Director recommending acceptance of improvements in Tract 4467, Fourth Street and Pacific Avenue, and authorizing release of the bond. Approved. RESOLUTIONS *83 -573 Resolution No. 10205 "Approving Parcel Map 3742 for division of property at 1222 -1230 College Avenue, permitting recording thereof, and finding said Parcel Map consistent with the City's General Plan." Adopted. *83 -574 Resolution No. 10206 "Authorizing execution of amendment to service agreement with Gates, McDonald & Company to extend the existing agreement and amend the consideration provision thereof, relating to Self- Insured Workers' Compensation Program for the City and Bureau of Electricity." Adopted. FINAL PASSAGE OF ORDINANCES *83 -575 Ordinance No. 2165, New Series "Amending Title XVII of the Alameda Municipal Code to establish a stop intersection on Stanford Street at Eagle Avenue and to establish a 24- minute parking limit at 2707 Encinal Avenue." Finally adopted. BILLS *83 -576 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of 5532,691.42. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 83 -577 From Alameda Marina Village, signed by Don Parker, regarding waivers relative to provisions of the Fire Sprinkler Ordinance for two office buildings in the Alameda Marina Village Project. Mr. Parker spoke in support of granting the five waivers as requested and suggested a section allowing appeals be added to the ordinance. In response to inquiry of Councilmember Lucas as to whether there were cases when waivers could be granted, the Public Works Director stated that in the case of waivers prohibited under the Uniform Building Code, adopted by the City and the State, the City could appeal to the State and give them a specific situation and reasons why the waivers should be granted. After further discussion, Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the communication be accepted,no changes made to the ordinance, and the Council express support for the staff's position; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 83 -578 From Chairman of Historical Advisory Commission regarding review of the "Draft Streetlights Report." President Diament announced that the Chairman of the Historical Advisory Commission had agreed to hold the matter over, and the City Manager stated he would notify the Chairman when the item is rescheduled. 83 -579 From Fire Chief proposing implementation of a Basic Life Support Fire Department Emergency Ambulance Transport Program. In response to inquiry of President Diament regarding a question raised by a constituent about a charge of S26.00 above the other costs of an emergency service at Alameda Hospital after 6:00 p.m., Dr. Glaser, Alameda Hospital,stated that there were no extra charges for evenings, weekends or holiday, but that he would investigate. Councilmember Monsef made a motion, seconded by Councilmember Lucas, that the proposal be accepted as submitted and the three recommendations in the report approved; the motion carried by unanimous voice vote - 5. November 15, 1983 RESOLUTIONS 83 -580 Resolution No. 10207 "Appointing Archie Waterbury and Jane Felker, Member and Alternate respectively, to the Bay Area Library and Information System Lay Advisory Board." Councilmember Hanna 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 -581 Resolution No. 10208 "Salary- classification resolution, City Council appointed positions." Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the resolution be amended to reflect a 7% increase for the City Manager, 5% for City Attorney, and 3% for City Clerk. Councilmember Lucas requested a separate vote be taken on each position. Councilmember Gorman agreed to amend the motion, and it was the consensus of the Council that each position be voted upon separately. Councilmember Gorman made a motion, seconded by Councilmember Monsef that the City Manager be granted a 7% salary increase; the motion carried by unanimous voice vote - 5. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the City Attorney be granted a 5% salary increase; the motion carried by unanimous voice vote - 5. Councilmember Lucas made a motion, seconded by Councilmember Hanna, to hold over discussion of the City Clerk position to the middle of January; the motion failed by the following vote: Ayes: Councilmembers Hanna and Lucas - 2. Noes: Councilmembers Gorman, Monsef, and President Diament - 3. Absent: None. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the City Clerk be granted a 3% salary increase; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. 83 -582 Resolution No. 10209 "Authorizing the Public Works Director to negotiate on the open market for grading work at the Doolittle Disposal Site and appropriating funds for said work." After considerable discussion by Council and staff of the feasibility of fencing the dump site, Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the resolution be amended to remove reference to fencing and adopted, and to proceed with the rolling of open garbage areas and not go back to the County at this time; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. In response to inquiry of Councilmember Lucas as to whether the East Bay Regional Park District had been involved and were aware of the fencing problem, the City Manager stated that he would consult with them. November 15, 1983 83 -583 Resolution No. 10210 "Authorizing the preparation of an application for Urban Development Action Grant Funds on behalf of Alameda Gateway, Ltd." 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 Councilmember Hanna referred to discussion of granting a utility easement when the lease was transferred from Todd Shipyards to Alameda Gateway Ltd. and inquired as to the status of the easement. The City Manager stated that he had not heard from either Todd Shipyards or Alameda Gateway Ltd. Councilmember Hanna recommended if consideration of granting utility easements comes back before the Council that it only be granted so long as the lease agree- ment is in effect. INTRODUCTION OF ORDINANCES 83 -584 Ordinance No. , New Series "Amending Ordinance No. 1079 N.S. by amending Subsection 8 of Section 4 thereof and amending Ordinance No. 1082 N.S by amending Subsection 8 of Section 4 thereof, relating to the day and location of meetings of the Pension Board of the City of Alameda." Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the ordinance be introduced; the motion carried by the following vote: Ayes: Councilmemb( Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -585 Ordinance No. , New Series "Authorizing an amendment to the Tidelands Lease with Encinal Industries, Inc." The City Manager recommended that a portion of paragraph 9 of the lease "without consent of lessor except as set forth below" be deleted. After Council discussion, Councilmember Lucas made a motion, seconded by Councilmember Hanna, that the Tidelands Lease be amended as recommended by the City Manager, the ordinance introduced, and the City Manager directed to discontinue discussions with Mr. Wang at this time; 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 -586 Ordinance No. 2166, New Series "Amending the Alameda Municipal Code by adding Article 2 to Chapter 4, Title II, thereof, providing for organization of the City's various departments." Fred Scullin, 1120 Chestnut, spoke in opposition to the ordinance stating that it limits Council's powers. Councilmember Gorman made a motion, seconded by Councilmember Hanna, 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. November 15, 1983 2 I R UNFINISHED BUSINESS 83 -587 Councilmember Lucas referred to traffic safety problems in Alameda which were recently referred to the Traffic Advisory Committee (TAC) for consideration and requested the DKS Study on safety at Webster Street and Central Avenue inter- sections be forwarded to the TAC. 83 -588 Councilmember Lucas suggested al'eft turn lane be prohibited as you come up Webster Street from Central Avenue at the point where you approach Buena Vista Avenue and noted there was a bus stop at that location. 83 -589 Councilmember Hanna suggested the Council might wish to discuss a rental control ordinance which would preclude a new owner who purchases a building from raising rents for a period of one year and to require the costs of capital improvements be amortized in rent increases over a reasonable period of time. He also suggested the Apartment Owners Association be contacted relative to applying pressure to new owners /managers of property regarding rental increases. Councilmember Gorman requested staff to have the Rent Review Advisory Committee take a look at the suggestions and report back to Council. NEW BUSINESS 83 -590 Councilmember Lucas referred to the arrest of Jessee Mims at Encinal High School and requested the questions raised in the editorial in the Times Star be answered. She also stated that he had appeared in court at the appointed time, and his papers had not been filed; she requested that procedural problem be addressed. She also inquired whether the City is reimbursed when police officers provide security to the School District. The City Manager stated he would find out whether the City is reimbursed for the security. ORAL COMMUNICATIONS, GENERAL 83 -591 Fred Scullin, 1120 Chestnut, referred to the previous discussion regarding rent increases and described discussion at the last Rent Review Advisory Committee meeting when a landlord had requested a 35% rental increase after buying the property and stated that the former landlord had just raised the rent before selling. 83 -592 John Barni, Jr., 1277 Bay Street, referred to the recent appointment of two Trustees to Reclamation District 2105 and stated that the nomination papers filed by the two Trustees was invalid as the California Water Code required signa- tures of five qualified electors, and one who signed was not qualified. He further stated that a letter had been sent to the Reclamation District asking them to schedule a new election. He distributed copies of the applicable section of the Water Code and other documentation and suggested it be reviewed by the City Attorney. 83 -593 Theodore Berry, representing the West Alameda Business Association, requested the proceedings for the Landscape Maintenance District be stopped to give the Association an opportunity to further evaluate the matter and possibly come up with a program in the West End for maintenance of trash containers and trees. In response to inquiry of Councilmember Hanna, the City Manager stated he would investigate the status of the legal agreement. November 15, 1983 Councilmember Gorman made a motion, seconded by Councilmember Lucas, that staff hold the proceedings until the West Alameda Business Association has had an oppor- tunity to further evaluate the matter and investigate the status of the consultant and legal contracts relative to that item; the motion carried by unanimous voice vote - 5. FILING 83 -594 Amendment to agreement with Gates, McDonald & Company relating to Self - Workers' Compensation Program. Amendment to Tidelands Lease with Encinal Industries, Inc. ADJOURNMENT 83 -595 Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the Council adjourn to an Executive Session for a discussion of personnel and litigation matters; the motion carried by unanimous voice vote - 5. 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 10:00 p.m. The next regularly scheduled meeting will be held Tuesday, December 6, 1983, at 7:30 p.m. Respectively submitted, DEEN SPEEGLE City Clerk November 15, 1983