1985-03-05 Regular CC MinutesMEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDP
HELD TUESDAY MARCH 5, 1985
The meeting convened at 7:40 p.m. (at the conclusion of the Housing Authority
meeting) with President Diament presiding. The Pledge of Allegiance was led
by Councilmember Hanna, and Reverend David D. Gattey of Northbrae Community
Church provided the Invocation.
447
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef and
President Diament - 5.
Absent: None.
MINUTES
Councilmember Hanna requested that the minutes of the regular Council meeting
of February 19, 1985, be amended by adding the date of April 26, 1983, to
describe previous action of the Council as reflected on Page 441, Paragraph 9.
He moved for approval of the minutes with that addition, and the motion was
seconded by Councilmember Lucas, and carried by unanimous voice vote - 5.
SPECIAL ORDERS OF THE DAY
85 -122 Official Sealing of the Charter Centennial Capsule.
President Diament officiated at the above ceremony and expressed appreciation
to members of the community who participated in this project.
CONSENT CALENDAR
At Councilmember Hanna's request, Item 2 -A, a report and recommendation from
the Public Works Director and Fire Chief reporting on status of Fire Safety
and Exit Program, was removed from the Consent Calendar for consideration
following items under Reports and Recommendations on the regular agenda.
Cour,J 1member Lucas offered a motion for adoption of the Consent Calendar
(with the above item removed therefrom), and Councilmember Hanna seconded
the motion, which carried by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk ( *).
RESOLUTIONS
*85 -123 Resolution No. 10551 "A resolution adapting Plans and Specifica-
tions for Pease Avenue street improvements, calling for bids and directing
City Clerk to advertise same." Adopted.
*85 -124 Resolution No. 10552 "A resolution authorizing open market purchase
of Law Enforcement Class Motorcycles for the Police Department." Adopted.
*85 -125 Resolution No. 10553 "A resolution authorizing open market purchase
of eight Police vehicles for the Police Department." Adopted.
March 5, 1985
448
INTRODUCTION OF ORDINANCES
*85 -126 Ordinance No. , N.S. "An ordinance amending the Alameda
Municipal Code by repealing Article 2, Chapter 7, of Title XII and amending
certain sections of Chapter 1 of Title XIII thereof relating to licensing
of Auctioneers and Auction Companies." Introduced.
FINAL PASSAGE OF ORDINANCES
*85 -127 Ordinance No. 2231, N.S. "An ordinance amending the Alameda
Municipal Code by adding Subsection (c) to Section 11 -174 thereof relating
to public hearing notices of Zoning Ordinance amendments." Finally adopted.
BILLS
*85 -128 An itemized List of Claims, certified by the City Manager as
correct, was approved in the amount of $2,514,303.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
85 -129 From John Barni, Jr., Shaw & Lunt, Inc., and Marie Kane, Kane and
Associates Realty, regarding violation of Planned Development and Sign Ordi-
nance at Harbor Bay Isle by Harbor Bay Realty, division of Harbor Bay Isle
and Associates.
John Barni, 1277 Bay Street, and Marie Kane, 92 Steuben Way, addressed Council
regarding information outlined in their written communication. They requested
that the illegal free - standing sign be removed, or at least placed on the
building, until a permit for the sign is obtained.
Daniel F. Reidy, Attorney for Harbor Bay Realty, clarified that an application to
amend their Planned Development has been filed with the City and is
scheduled to go before the Planning Board in the near future.
Bobbi Jank, 710 Lagunaria, an agent of Kane & Associates and resident of the
area, spoke against the sign in question and stated it was unfair to others
who have had to abide by specific sign regulations. She urged that the sign
be removed immediately until such time as a permit may be granted.
Fred Scullin, 1120 Chestnut Street, objected to staff's written recommenda-
tion to Council which stated that no additional action by the Council is
required or warranted at this time.
Dennis Pagones, 119 Oyster Pond, explained that the sign was necessary in its
present location in order for clients to locate their property.
The Planning Director provided information to Council regarding sign regula-
tion requirements. He noted that this matter is scheduled to be heard by
the Planning Board on March 25, 1985, and indicated that the sign may be
allowed to remain in place pending the outcome of the Planning Board_
hearing.
March 5, 1985
It was moved by Councilmember Lucas, and seconded by Councilmember
Hanna, that the City Manager report back to Council following the
Planning Board's action on this matter. Councilmember Monsef opposed
the motion because he believed the Council would be setting a precedent
by allowing the sign to remain in place pending the Planning Ecard's
action. The motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas and President Giament - 4. Noes: Councilmember
Monsef - 1. Absent: None.
449
85 -130 From Raylene Farrow, 240 Crolls Gardens Court, requesting
reconsideration of the amendment to the Noise Ordinance.
Councilmember Gorman rrcved that the communication be accepted and con-
sidered in conjunction with introduction of the applicable amendment
(Item 19 on this agenda). Councilmember Lucas seconded the motion, which
carried by unanimous voice vote - 5.
85 -131 From Gerd Ewert, 222 Lagunaria Lane, suggesting Council reject the
proposed amendment to the Noise Grdinance.
It was moved by Councilmember Gorman, and seconded by Councilmember Lucas,
that the communication be accepted and considered along with introcuction
of the applicable amendment (Agenda Item No. 19). Motion carried 'pi unani-
mous voice vote - 5.
85 -132 From L. E. Peters, 1003 Tahiti Lane, regarding the Nose Ordi-
nance amendment.
Council member Gorman rrcved that the communication be accepted and con-
sidered a-,ong with the proposed amendment ( Agenda :tem No. 12). Cour :cil -
member Farina seconded tLe motion, which carries; by unanimous voice vote - 5.
REPORTS AND RECCt1 ENDAT IONS
85 -133 From Chairman of the Historical Advisory Commission regarding
status report concerning its review of the current City -i l remodel
design, and its research of the City's Historical documents.
David Plummer, Historical Aevisory Commission =,C), stated the Coinissiori
had met with Ratcliff Architects on February 7, 1985, where some differ-
ences of opinion regarding the City Hall renovation had been resolved.
Mr. 1ummor stated the Comission looks forward to restoration of the
original belated ceiling in the Council Chamber.
The City Manager stated that restoration of the beamed ceiins was an
alternative that could be explurec, but he emphasized that such should
be the decision of the Council.
Mr. Plummer expressed disappointment that architectural renderings of ti
main entranceway with the elevator removed have not been made available.
This was apparently pending the architects' review of the proposal with
structural engineers. The architects indicated they would keep the
Commission informed of progress, although Mr. Plummer noted thaf. over
a month had passed and they had not heard further from the architects.
Mr. Plummer also reported on the Commission's records subcommittee and
referred to many important City records that have been located and inspected.
March 5, 1985
450
President Diament acknowledged the HAC's valuable contribution and expressed
hope that the records will be properly identified and stored in City Hall.
Councilmember Lucas moved that the report be accepted; Councilmember Monsef
seconded the motion, which carried by unanimous voice vote - 5.
85 -134 From Rent Review Advisory Committee regarding Case 109, 615 -621
Central Avenue.
Mary Marshall, 615 Central Avenue, Apartment 207; and Joseph Kochis, 615
Central Avenue, Apartment 105, described frequent and unreasonable rent
increases, unsatisfactory living conditions, and fire code violations at the
apartment units in question. They urged that Council provide tenants what-
ever assistance is possible in these matters.
In response to Council inquiries, the City Manager stated that this building
had not previously been identified as one that lacked compliance with State
law in regard to Building Code regulations. This was the first indication
received that all apartment buildings may not have been checked, and the
City Manager stated this matter would be looked into very carefully. It was
the City Manager's understanding that the Fire Department is currently pursu-
ing this matter as a result of report of these complaints to the Rent Review
Advisory Committee.
Councilmember Gorman inquired as to the number of apartment owners in the
City with legal action pending against them for non - compliance with regula-
tions. The City Attorney responded that there are approximately 15 remaining
buildings in non - compliance which have been identified, and five of these
have court action pending. Citations have been issued on the others. The
City Attorney noted that this has stimulated much activity in the Building
Department as apartment owners have realized that violators are being pursued.
Rent Review Advisory Committee Chairman Harold Hungerford explained that the
Committee brought this matter before the Council since they could do nothing
else to assist the tenants. He suggested that a letter from the Mayor may
prompt some action from the landlord. He also stated that he would like all
appropriate agencies to be contacted. Mr. Hungerford noted that tenants
should be protected from retaliatory action for six months as a result of
their complaints under a "Tenant Dissatisfaction Inquiry ".
Councilmembers requested that the Mayor address a letter to the landlord
regarding Council's concerns. It was further suggested that the Mayor send
a copy of her letter to the President of the Property Owners' Association.
Council requested that staff investigate the possibility that local realtors
may be willing to offer services, without charge or for a nominal fee, to
assist tenants in locating better rentals. Councilmembers also expressed a
need for a mechanism to advise agencies, such as the Board of Realtors, of
extreme cases such as this. Council further directed that the fire regula-
tion violations be investigated.
Councilmember Monsef moved that Council accept the report and recommendation;
the motion was seconded by Councilmember Hanna and carried by unanimous
voice vote - 5.
March 5, 1985
85-135 From Finance Director regarding the 1983-84 audited Financial
Statements.
Councilmember Gorman moved that Council accept the report and recommendation.
Councilmember Monsef seconded the motion.
On the discussion, Councilmember Lucas questioned the lack of information
available from the Public Employees Retirement System (PERS) as noted in the
report regarding this item. The Finance Director explained that it would be
necessary to request a special study from PERS for the City of Alameda in
order to obtain the desired information.
Councilmember Hanna questioned the advantage to the City in including value of
City-owned land.
Scott Kemp, representative of Del0itte Haskins & Sells, explained that inclusion
of fixed assets in the City's financial statements would enhance the financial
statement.
The City Manager added that it would be preferable to include such information
so that future audits would not have to be qualified and the City's accounting
practices may meet the highest standards.
The motion carried by unanimous voice vote - 5.
Note: Council recessed briefly at this time-
The following item was removed from the Consent Calendar for consideration at
this time.
85-136 From Public Works Director and Fire Chief reporting on status of Fire
Safety and Exit Program.
In response to inquiries from Councilmember Hanna, the City Attorney reported
that one round of citations had been issued to Violators and the cases pursued
through the court. Those cited have either paid minimal fines or have done
nothing. A second round of citations is in progress, and those violators which
were determined to be "impossible" during the first round of citations will be
sued. If compliance does not result from the second round of citations, those
violators will also be sued.
Councilmember Hanna also questioned the figures used in the progress report.
The Public Works Director clarified that there remain 12 cases which have not
been finalized.
Councilmember Hanna expressed concern that a large, visible apartment building
as was the subject of the previously discussed rent complaint could have been
missed in City inspections.
The City Manager indicated he was unable to provide a response at this time but
stated the matter would be investigated.
Councilmember Hanna moved that the report and recommendation be accepted.
Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5.
March 5, 1985
RESOLUTIONS
85 -137 Resolution No. 10554 "A resolution certifying adequacy of environ-
mental documents for the Atlantic Avenue Project from Webster Street to the
Marina Village property line."
It was moved by Councilmember Hanna, and seconded by Councilmember Lucas, that
the resolution be adopted. Motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes:
None. Absent: None.
85 -138 Resolution No. 10555 "A resolution consenting to the acceptance of
the relinquishment of Caltrans right of way at Mariner Square from the State
of California."
Councilmember Gorman moved for adoption of the resolution, and the motion was
seconded by Councilmember Monsef. The motion carried by the following vote:
Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5.
Noes: None. Absent: None.
85 -139 Resolution No. 10556 "A resolution approving funds for landscape
improvements to the City Hall grounds."
Councilmember Lucas inquired as to possible damage of landscaping that may
occur during the renovation of City Hall. The City Manager explained that the
planned renovation may occur within the next year or two, or may be several
years away.
Councilmember Lucas moved for adoption of the resolution, and Councilmember
Monsef seconded the motion, which carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes:
None. Absent: None.
85 -140 Resolution No. 10557 "A salary- classification resolution for part -
time or temporary non -civil service positions."
The City Manager clarified that this resolution would merely approve positions
to be utilized when and if the swimming pools are operating for the summer
program.
Councilmember Hanna moved for adoption of the resolution, and the motion was
seconded by Councilmember Monsef. The motion carried by the following vote:
Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5.
Noes: None. Absent: None.
85 -141 Resolution No. 10558 "A resolution amending the 1984 -85 Operating
Budget."
President Diament noted that property tax and transfer tax revenue estimates,
which have been increased, were not included in the report. The City Manager
stated that those funds had not yet been remitted, and the final estimate
would be reflected in the proposed 1985 -86 budget. A final estimate on
revenues for the year ending 1984 -85 will be submitted at that time.
It was moved by Councilmember Gorman, and seconded by Councilmember Hanna,
that the resolution be adopted. Motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes:
None. Absent: None,
March 5, 1985
86-142 Resolution No. 10559 "A resolution authorizing execution of
agreement between City of Alameda and Alameda Food Bank for sublease of a
portion of Mastick Senior Center Complex."
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Vincent Luczak, 3232 Calhoun Street, Chief Financial Officer of the Alameda
Food Bank, was present to respond to any questions and urged that Council
approve renewal of the lease.
Darlene Pharr, Park and Recreation Commission Member, questioned why con-
sideration of renewal of this lease had not been brought before the Commission.
The City Manager stated he believed the lease had been reviewed and approved
by the Mastick Senior Advisors/Commission.
On a motion by Councilmember Gorman, which was seconded by Councilmember Hanna,
Council approved adoption of the resolution by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas and President Diament - 5. Noes: None.
85-143 Resolution No. 10560 "A resolution authorizing the City Manager to
submit a letter requesting Urban Mass Transportation Administration grant funds
to defray non-operating costs associated with the Hover Marine demonstration
and trial being conducted at Harbor Bay."
Councilmember Gorman moved for adoption of the resolution. The motion was
seconded by Councilmember Lucas and carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - G. Noes:
None. Absent: None.
85-144 Resolution No. 10561 "A resolution supporting amendments to Senate
Bill 147 and Assembly Bill 13 allowing for a continuation of the Library Tax
Override approved in Alameda in 1982^ in support of the City's Library System."
Councilmember Hanna moved that the resolution be adopted, and Councilmember
Monsef seconded the motion. Motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes:
None. Absent: None.
INTRODUCTION OF ORDINANCES
85-145 "An ordinance amending the Alameda Municipal Code by adding Subsection
(37) to Section 17-451 thereof to provide for Yield Signs on Union Street at
its intersection with Clinton Avenue."
Councilmember Lucas moved for introduction of the ordinance, and Councilmember
Monsef seconded the motion.
Councilmember Hanna commented that this intersection does O0tmeet the necessary
requirements for installation of stop signs, and there have been no accidents
there for the past one and one-half years. He stated there is good visibility
and extremely low traffic volume at the intersection, and the request for
traffic controls is the result of only one citizen's concern. Councilmember
Hanna did not believe this warrants the proposed action and stated he would vote
against the ordinance. Councilmember Gorman concurred with Councilmember Hanna's
remarks.
March 5, 1985
454
In response to Councilmembers' inquiries, the Public Works Director confirmed
that only one citizen has requested traffic controls. This citizen has
reported observing many potential collisions at this intersection.
Councilmember Lucas noted that the Traffic Advisory Committee was apparently
satisfied that there is a need for traffic controls and voted in favor of
the proposal.
The Public Works Director noted that since the intersection does not warrant
stop signs, the Committee voted to recommend yield signs in an attempt to
assign right of way at this location.
The motion failed to carry by the following vote: Ayes: Councilmembers Lucas,
Monsef - 2. Noes: Councilmembers Gorman, Hanna and President Diament - 5.
Absent: None.
FINAL PASSAGE OF ORDINANCES
85 -146 Ordinance No. 2232 "An ordinance amending the Alameda Municipal Code
by adding Section'11 -579 thereto relating to exemption from provisions of the
Alameda Noise Ordinance of recreational programs or activities conducted within
City parks between the hours of 9:00 a.m. and 10:15 p.m."
The following individuals spoke in support of the o Ainance:
San Moriana, 21 Chatham Pointe;
Don Sherratt, Recreation Commission Member, 74 Basinside Way;
Bill Leitz, 3149 Bali Lane;
Lil Arnerich, City Recreation Department employee.
Councilmember Gorman offered a motion for final adoption of the ordinance.
The motion was seconded by Councilmember Monsef who commented that there have
been very few times that the time limit has been exceeded. He stated that
10:15 p.m. is a reasonable hour and stated staff should fully enforce this
amendment.
Councilmember Hanna stated he would support the ordinance provided that games
will stop at 10:15 p.m., but expressed concern that there may be an inclina-
tion to slightly exceed the time limit.
The motion for final passage of the ordinance carried by the following vote:
Ayes: Councilmembers Gorman, Hanna, Monsef and President Diament - 4. Noes:
Councilmember Lucas - 1. Absent: None.
NEW BUSINESS
85 -147 Councilmember Hanna noted that the League of California Cities is
opposing State legislation that would exempt some housing units (including
mobile homes) from rent control. Councilmember Hanna suggested that Council
advise the League that rent control should be decided as
a local issue.
Following some Council discussion, Councilmember Hanna moved that
Council inform the League of California Cities that this Council believes
rent control is a local issue which should be decided locally. President
Diament seconded the motion, which failed to carry by the following vote:
Ayes: Councilmember Hanna and President Diament - 2. Noes: Councilmembers
Gorman, Lucas and Monsef - 3. Absent: None.
March 5, 1985
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UNFINISHED BUSINESS
85-148 Councilmember Hanna commended the Community Development Department
for the new method of reporting progress in housing reconstruction.
85-149 The City Attorney reported that the California Supreme Court
accepted the City's petition for a hearing regarding the Patton case (Library
Tax Override).
ORAL COMMUNICATIONS
85-150 Fred Scullin, 1120 Chestnut Street, addressed Council regarding his
concern that proposed consideration of selling the Portola Triangle property
in connection with a new library could be due to a specific party's iDtereSt.
ADJOURNMENT
There being no further business to come before the Council at this time,
President Diament adjourned the meeting at 10:07 p.m' to an Executive Session
to discuss Smith versus the City of Alameda and Anders versus the City of
Alameda.
The next regular Council meeting was scheduled for March 19, 1985.
Respectfully submitted,
Di e 8, Felsch
456