1982-04-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY APRIL 6, 1982
The meeting convened at 7:30 p.m. with President Corica presiding. Pledge of Allegiance
was led by Vice Mayor Sherratt. The Invocation was given by Rev. Russell Palmer,
Retired.
ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, Stone, and President
Corica - 5.
Absent: None.
MINUTES
Councilman Sherratt made a motion, seconded by Councilman Diament, that the Minutes
of the Regular Council Meeting of March 16, 1982, be approved as submitted; the
motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilman Gorman made a motion, seconded by Councilman Stone, that all items on
the Consent Calendar be adopted; the motion carried by the following roll call
vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica -
5. Noes: None. Absent: None.
Items so enacted or adopted are indicated by an asterisk (*).
REPORTS AND RECOMMENDATIONS
*82-190 From Finance Director submitting Investment Earnings Report for January
and February, 1982, Accepted.
*82-191 From Public Works Director submitting status report on the Beach Replenish-
ment Project. Accepted.
+82-192 From Public Works Director requesting authorization to fill vacant position
of Building Inspector. Approved.
RESOLUTIONS
*82-l93 Resolution No. 9722 "Authorizing execution of agreement with Jones Hall
Hill & White for bond counsel services in connection with Tax Anticipation Note
PrVceedingS.n Adopted.
*82-194 Resolution No. 9723 "Awarding contract for pruning of City street trees
in the City of Alameda to Davey Tree Surgery and authorizing execution thereof."
Adopted.
*82-195 Resolution No. 9724 "Authorizing the City of Oakland to file claim with
the Metropolitan Commission for 1982-83 Transportation Development Act Article
4.5 Funds on behalf of the City of Alameda to operate and administer the Zone
1 Accessible-Van Program and authorizing the City Manager to execute any agreements
which might be necessary to administer said funds." Adopted.
*82-196 Resolution No. 9725 "Determining that previous environmental assessments
are adequate for the revised Harbor Bay Parkway Expansion Project, including the
Doolittle Drive Intersection." Adopted.
April 6, 1982
FINAL PASSAGE OF ORDINANCES
*82-197 Ordinance No. 2086, New Series "Amending the Alameda Municipal Code
by amending certain sections of Article 6 of Chapter 3 of Title XVII thereof to
increase the rates of on-street parking meters." Finally adopted.
*82-198 Ordinance No. 2087, New Series "Amending the Alameda Municipal Code
to establish fees for Encroachment Permits." Finally adopted.
*82-199 Ordinance No. 2088, New Series "Authorizing execution of model franchise
agreement with Oakland Scavenger Company for the collection and removal of refuse
and garbage." Finally adopted.
BILLS
*82-200 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of $272,867.99.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
82-201 From Chairman of the Mastick Senior Center Advisory Board regarding formation
Of a nonprofit corporation for the purpose of funding certain senior activities.
John Guidici, Chairman of Mastick Senior Center Advisory Board, requested that
monies raised by the nonprofit corporation be specifically identified for Mastick
Senior Center activities and the proposed composition of the Board of Directors
for the nonprofit corporation modified. He also expressed concern that the seniors
had not had input when the nonprofit corporation was discussed.
Councilman Sherratt stated that it had always been the intent that monies raised
by the nonprofit corporation be used for Mastick Senior Center activities and
made a motion, seconded by Councilman Diament, that the bylaws for the nonprofit
corporation specify monies raised by the nonprofit corporation be used for Mastick
Senior Center programs; the motion carried by unanimous voice vote - 5.
Sig Bray, 2045 Central Avenue, suggested the Board of Directors be expanded to
nine members and an honorary Board of Trustees established.
President Corica suggested the possibility of forming a five-member Board of
Directors comprised of two Councilmembers, two members of Mastick Senior Center
Advisory Board and the Chairman of the Recreation Commission.
The following persons spoke regarding the nonprofit corporation:
Hans KjeSler, 2051 Shoreline Drive
Dorothy Henry, ]]55 Santa Clara Avenue
Frank McCormick, 1415 Santa Clara Avenue
At the conclusion of discussion, Councilman Sherratt suggested the Mastick Senior
Center Advisory Board consider whether they would prefer a Board of Directors
for the nonprofit corporation of five or nine members and submit a recommendation
to Council at the next meeting.
With consensus of Council, President Corica so ordered.
April 6, 1982
82-202 From Northside Association, signed by President William H. Hildebrand,
protesting installation of "Yield" signs at the intersection of St. Charles Street
and Eagle Avenue.
Mr. Hildebrand stated that the Northside Association felt stop signs should be
installed at the intersection of St. Charles Street and Eagle Avenue instead of
"Yield" signs.
Councilman Stone made a motion, seconded by Councilman Sherratt, that the possibility
Of installation of stop signs at St. Charles Street and Eagle Avenue be referred
to the Traffic Advisory Committee for consideration at their next meeting in addition
to consideration of traffic control at Chapin and Eagle; the motion carried by
unanimous voice vote - 5.
82-203 From Roberta Tennant Debono, 1026 Taylor Avenue, concerning paramedic
training and equipment for Firemen.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the communica-
tion be accepted amd writer informed of specifics of the Fire Department's EMT
Program; the motion carried by unanimous voice vote - 5.
82-204 From Ralph E. Yandell, 1319 Burbank Street, concerning access to the proposed
Playa Del Alameda Housing Project.
Mr. Yandell expressed concern that there would be an easement through Washington
Park if the proposed Playa Del Alameda Housing Project is approved and that the
easement would be used for access to the project during construction.
The Planning Director noted the project had not been before the Planning Board
for approval, and the current path has sufficient width and clearance to accommodate
emergency vehicles and would not be open to public access.
Councilman Gorman requested information as to why emergency access had been requested
for this proposed project and not for a previous one which had been before the
Planning D0urd,
Councilman Stone requested information as to whether the request for emergency
access came from the Fire Department or the Planning Depart0eOt,
Councilman Sherratt made a motion, seconded by Councilman Diament, that the communica-
tion be accepted; the motion carried by unanimous voice vote,- 5,
82-205 From Alameda Improvement Association, signed by Vice Chairman, Karin Lucas,
expressing concern regarding concentration of proposed subsidized housing in West
End of Alameda.
Ms. Lucas stated that she felt the subsidized housing project at 716 Central Avenue
and the Eagle Avenue Project require voter approval under Section 34 of the California
Constitution.
The following persons voiced opposition to construction of subsidized housing
in West End of Alameda:
Carroll Tarver, 114 Haight Avenue
Charles S. Ormond, Chairman of Alameda Improvement Association
William Fischbach, 1334 Burbank
Jim Stonehouse, Attorney for Shuwa Investment Corp., stated that his client had
consented to preparation of an Environmental Impact Report, and the report is
in the process.
April 6, 1982
Councilman Stone made a motion, seconded by Councilman Diament, that the communication
be accepted; the motion carried by unanimous voice vote - 5.
82-205 From Jim Payton, 2007-D Clinton, regarding award of Cable Television CUntr3Ct,
Councilman Diament made a motion, seconded by Councilman Sherratt, that the communi-
cation be accepted and referred to the file on that subject; the motion carried
by unanimous voice vote.
HEARINGS
82-207 Hearing concerning Tentative Map for Tract 5016 to divide property bounded
by Union Street, Eagle Avenue, Minturn Street, and Clement Avenue.
Councilman Gorman stated he would abstain from voting on the hearing and the applicable
resolution.
The Planning Director stated that the request had been to divide the property
into two industrial and five residential sites and had been approved by the Planning
Board subject to conditions.
President Corica explained hearing procedures.
On the call for proponents, there were no speakers.
On the call for opponents, Fred Scullin, 1120 Chestnut Street, stated he was not
an opponent and wished to offer information regarding the Planning Board hearing
on the subject and also spoke regarding property tax assessments on the property
in question.
President Corica ordered the public portion of the hearing closed.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the applicable
resolution approving Tentative Map for Tract 5016 be considered out of sequence
on the agenda. The motion carried by the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Stone, and President Corica - 4. Noes: None. Abstentions:
Councilman Gorman - 1. Absent: None.
RESOLUTIONS
82-208 Resolution No. 9726 "Approving Tentative Map for Tract 5016, a division
Of property bounded by Street, Eagle Avenue, Minturn Street and Clement
Avenue, finding said Tentative Map consistent with City's General Plan and determin-
ing that discharge of water into the sewer system will not violate Regional Water
Quality Control Regulations (Listo Pencil Corporation, Owner)."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolu-
tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Stone, and President Corica - 4. Noes: None. Abstentions:
Councilman Gorman - 1. Absent: None.
HEARINGS
82-2U9 Hearing regarding vacation of an unused portion of a public thOr0UghfCre,
a thirty-foot strip of a portion of Sixth Street, southerly of Central Avenue.
The Public Works Director stated there was no apparent need for the property for
public purposes and recommended vacation of said property.
April 6, 1982
President Corica explained hearing procedures.
On the call for proponents, there were no speakers; on the call for opponents,
Flora Olsen, 600 Rock Isle spoke regarding ownership of property after abandonment.
The following persons also spoke regarding ownership of property:
Shirley Cummins and Stan Shane
Councilman Sherratt noted that this would be a matter of private litigation and
made a motion, seconded by Councilman Diament,.thot the applicable resolution
be considered at this time; the motion carried by unanimous voice vote -5,
RESOLUTIONS
82-210 Resolution No. 9727 "Finding and determining portion of Sixth Street,
a public street in the City of Alameda, is unnecessary for present or prospective
street purposes; ordering vacation thereof subject to reservation of an Electrical
Easement therein as described herein and in Resolution of Intention No. 9704 heretofore
adopted on March 2, 1982; and directing City Clerk to cause certified copy of
this resolution to be recorded."
Councilman Oiament made a motion, seconded by Councilman Gorman, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: NOne, Absent:
None.
HEARINGS
Councilman Sherratt made a motion, seconded by Councilman Stone, that the hearing
regarding Cable Television Proposals be held at the last of the meeting after
consideration of the other agenda items; the motion carried by unanimous voice
vote - 5.
REPORTS AND RECOMMENDATIONS
82-211 From Chairman of Mayor's Committee for the Handicapped requesting a Joint
Work Session with the City Council on Thursday, April 22, 1982, at 7:30 p.m.
Councilman Sherratt made a motion, seconded by Councilman Stone, that a Joint
Work Session be scheduled the first meeting in May; the motion carried by unanimous
voice vote - 5.
82-212 From City Attorney concerning legal representation of Vintage Properties
by Orrick, Herrington & Sutcliffe. (Withdrawn at request of Orrick, Herrington
& Sutcliffe)
President Corica noted the item had been withdrawn.
82-213 From Assistant City Manager regarding guidelines for attendance at Board
and Commission Neetingo,
Councilman Sherratt made a motion, seconded by Councilman Diament, that the report
be accepted and the recommendations approved.
Councilman Stone requested attendance records be forwarded to Council on a regular
b3sis.
The motion carried by unanimous voice vote - 5.
Aoril 6, 1482
RESOLUTIONS
82 -214 Resolution No. 9728 "Awarding contract for Street Improvement Design
of Maitland Drive. Assessment District, Local Improvement District 1982 -1, to JTA,
Inc., Engineers, and authorizing execution thereof."
Councilman Sherratt made a motion, seconded by Councilman Gorman, that the resolution
be adopted; the motion carried by the following roll call vote: Councilmen Diament,
Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None.
82 -215 Resolution No. 9729 "Resolution of appreciation to volunteers for the
City of Alameda in commemoration of National Volunteers' Week." (April 18 - 24, 1982)
Councilman Stone made a motion, seconded by Councilman Diament, that the resolution be
adopted; the motion carried by the following roll call vote: Councilmen Diament,
Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None.
82 -216 Resolution No. 9730 "Resolution in support of continued funding for disabled
students at the postsecondary level."
Willa Lindsey, Chairman of Mayor's Committee for the Handicapped, expressed the
Committee's support of the resolution.
The resolution carried by the following roll call vote: Councilmen Diament, Gorman,
Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None.
82 -217 Resolution No. 9731 'Approving request of Alameda Historical Society
to place a plaque at the curbstone at 930 Pacific Avenue to commemorate the found-
ing of the Alameda Chapter of the American Red Cross."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
82 -218 Resolution No. 9732 "Designating the Alameda Free Library as an Alameda
Historical Monument."
President Corica read a scroll designating the Alameda Free Library as an Alameda
Historical Monument.
Don King, Vice President of Library Board, accepted the scroll and expressed apprecia-
tion.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
82 -219 Resolution No. 9733 "Designating the Veterans Memorial Building as an
Alameda Historical Monument."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
April 6, 1982
President Corica read a scroll designating the Veterans Memorial Building as an Alameda
Historical Monument and presented it to Russell Sisung, Chairman of the Historical
Advisory Commission.
82-220 Resolution No. 9734 "A Resolution ordering reduction of assessments -
Harbor Bay Business Park Assessment District 81-1."
Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
82-221 Resolution No. 9735 "A Resolution determining unpaid assessments and
providing for issuance of bonds - Harbor Bay Business Park Assessment District
81-1."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
82-222 Resolution No. 9736 "A Resolution awarding sale of bonds - Harbor Bay
Business Park Assessment District 81-1."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
82-223 Resolution No. 9737 "A Resolution appointing Paying Agent - Harbor Bay
Business Park Assessment District 81-1." (Bank of America)
INTRODUCTION OF ORDINANCES
82-224 Ordinance No. , New Series "Ordinance of the City Council of the
City of Alameda authorizing the issuance of refunding bonds by the Northern California
Power Agency (RFL Geothermal Project)."
Councilman Stone made a motion, seconded by Councilman Diament, that the ordinance
be introduced and passed to print; the motion carried by the following roll call
vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica -
5. Noes: None. Absent: None.
FINAL PASSAGE OF ORDINANCES
82-225 Ordinance No. 2089, New Series "An Emergency Ordinance establishing two
stop signs at the intersection of Melrose Avenue and Maitland Drive."
Anne Dowdy, 60 Maitland Drive, spoke in support of the ordinance.
Councilman Diament made a motion, seconded by Councilman Gorman, that the ordinance
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
April 6, 1982
HEARINGS
82-226 Hearing regarding Cable Television PrUpU3olS,
President Corica suggested Councilmembers address any questions to the cable
operators and consultant and requested members of the public address issues discussed
tonight as there had been two previous public hearings for input.
At the conclusion of discussion by Councilmembers with cable operators and the
consultant, Les Page, the following persons spoke:
Virginia Fowler, 1001 Shoreline Drive
Lois Hanna, 644 Sand Hook Isle
Terry LaCroix, Jr,, 920 Grand Street
Hadi Monsef, Member of the Cable Television Advisory Committee, spoke on issues
such as proposed rates, past performance, experience, and financial stability
and recommended that Council select United Cable as the Cable Company for Alameda.
Councilman Sherratt stated he believed the RFP required Council to rank the companies
and that Council should decide how to prOC88d.
In response to inquiry of President Corica whether Council wished to do that tonight,
Councilman Diament noted that Island City Communications Corp. (ICCC) had requested
Council to view some films before making a decision.
In response to request of Councilman Stone, Lance Russum, ICCC, described the
films they proposed to 3howdndstat2d that ffCouncil wished to vote tonight, that
would be acceptable to ICCC.
President Corica stated that Council would have to rank the companies in order
of preference and negotiate with first company, and if negotiations were not suc-
cessful, Council would have option of moving to second company.
Councilman Sherratt stated that for clarification, each individual Councilmember
would list their first, second, third, and fourth choice and submit to City Clerk
for tabulation, and the low number score would be the first place NiDOer.
After further discussion, Councilman Gorman recommended that after tabulation
by the City Clerk that the Council confirm their choice.
Written rankings were submitted to the City Clerk by each Councilmember. After
tabulation, she read the totals as follows: Storer 12; United - 10; CBS - 12' '
ICCC - 16. Upon request, the Clerk repeated the total of the rankings listed
abUYe.
Upon inquiry, the Clerk stated that United was the low number dOd.StOr8r and CBS
tied at 12.
Councilman Sherratt made a motion, seconded by Councilman Gorman,tn reaffirm the
first place; the motion carried by the following vote: Ayes: Councilmen Dia0eOt,
Gorman, Sherratt, and President Corica - 4. Noes: Councilman Stone - 1. Absent:
NOne,
April 6, 1982
The Clerk read individual rankings of each Councilmember as follows:
Councilman Diament: Storer - #1; CBS - #2; ICCC - #3; United - #4.
Councilman Gorman: United - #1; ICCC - #2; Storer - #3; CBS - #4.
Councilman Sherratt: United - #1; Storer - #2; ICCC - #3; CBS - #4.
Councilman Stone: CBS - #1; United - #2; Storer - #3; ICCC - #4.
President Corica: CBS - #1; United - #2; Storer - #3; ICCC - #4.
Councilman Sherratt noted that the next vote would be to divide second and third and
would be voting for CBS or Storer.
Written rankings were submitted to the City Clerk by each Councilmember for second
place, and after tabulation, she read the totals as follows: Storer - 3; CBS - 2.
The Clerk read individual rankings of each Councilmember as fillows:
Councilman Diament - Storer - #1; Councilman Gorman - Storer - #1; Councilman
Sherratt - Storer - #1; Councilman Stone - CBS - #1; President Corica - CBS - #1.
Councilman Sherratt made a motion, seconded by Councilman Gorman, that Storer be
ranked second, CBS third, and ICCC fourth; the motion carried by unanimous voice
vote.- 5.
The following persons expressed concern regarding the ranking system used to choose
the Cable Television operator:
Jean Couturier, 1813 Lincoln Avenue
Gerhard Degemann, 304 Sand Beach Road
Terry LaCroix, Jr., 920 Grand Street
Joseph Sullivan, 3221 Liberty Avenue
The City Attorney was asked to speak, and he stated that United came out first
in the rankings and was reaffirmed by majority vote and that a majority vote was
taken for second choice, and the Council could use multiple votes to get something
done.
George Vradenburg, Attorney for CBS, stated that it seemed to be a mathematical
situation and that there should be a motion before the Council to vote CBS or
United up or down.
James Davis, Attorney for United Cable noted that United won the vote both on
the point system and the confirmation vote.
Councilman Gorman inquired as to how to establish the negotiating process for the
Cable Franchise, and President Corica suggested the entire Council sit as a negotiat-
ing team.
Councilman Sherratt noted that Mr. Page, the consultant, would be available to
assist with technical aspects.
April 6, 1982
UUNFINISHED BUSINESS
82-227 President Corica referred to a letter from John Revoir, Chamber of Commerce,
regarding appointments to Economic Development Committee and nominated the follow-
ing persons: Abe Kofman, Don Gehb, Peter Wang, Wayne Milani, Bill Kirkland, Andy
Pagano, and Jim Revoir. Councilman Diament seconded the nominations, and they
were approved by unanimous voice vote - 5.
NEW BUSINESS
82-228 In response to inquiry of Councilman Stone regarding a lengthy computer
printout recently received, the City Manager explained it was a list of business
licenses.
ORAL COMMUNICATIONS, GENERAL
82-229 Joseph Sullivan, 3221 Liberty Avenue, spoke regarding Bureau of Electricity
surplus and felt 3900,000 annual payment to City was ddeqUate. He also expressed
concern that City pays for one-half of the cost to clean lagoons and suggested
fees should be charged for private use of public open space.
ADJOURNMENT
82-230 President Corica ordered the meeting adjourned to an Executive Session,
for discussion of personnel and litigation matters. The City Council, staff,
and members of the community stood in a moment of silent tribute to the memory
Of Florinda Bartalini, Ralph John Croll, Vernon Lilley, and Margaret James.
At the conclusion of Executive Session, 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 11:15 p.m. to assemble in regular session on Tuesday, April 20, 1982, at 7:30 p.m.
Respectfully submitted,
DEEN SPEEGLE
City Clerk
April 6, 1982