1985-08-20 Regular CC Minutes568
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY AUGUST 20, 1985
The meeting convened at 7:30 p.m. (at the conclusion of the Community
Improvement Commission with President Diament presiding). The Pledge
of Allegiance was led by Councilmember Lucas. Reverend Charles Dubbs
of First Christian Church gave the Invocation.
ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and
President Diament - 5.
Absent: None.
MINUTES
Councilmember Corica requested that revisions be made to the minutes
of the regular Council meeting of August 6, 1985, on Page 555, Para-
graph 4, to include information that there was only one Bay Street
resident north of San Antonio present at the referenced meeting and
that a meeting with residents of Bay Street south of San Antonio
included 10 to 12 residents.
Councilmember Hanna moved for approval of the minutes of the regular
Council meeting held August 6, 1985, as amended, and the minutes of
the special Council meetings held August 7 and August 8, 1985, as
submitted. Councilmember Lucas seconded the motion, which carried by
unanimous voice vote - 5.
CONSENT CALENDAR
President Diament announced that three items were being removed from
the Consent Calendar for subsequent consideration on this agenda.
Councilmember Hanna moved for adoption of the Consent Calendar with
the noted exceptions (see Paragraphs 85 -503, 85 -504 and 85 -505), and
Councilmember Monsef seconded the motion. The motion carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk ( *).
REPORTS AND RECOMMENDATIONS
*85 -483 From Finance Director on City's Investment Portfolio of
July 31, 1985. Approved.
RESOLUTIONS
*85 -484 Resolution No. 10706 "Authorizing open market purchase
of various vehicles for the Public Works Department." Adopted.
*85 -485 Resolution No. 10707 "Authorizing purchase from Good
Chevrolet of Alameda of a vehicle for the Golf Course pursuant to
Section 3 -16 of the City Charter, Local Bidder's Preference."
Adopted.
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569
*85-486 Resolution No. 10708 "Authorizing acceptance of an
open space easement to the City of Alameda from Alameda Marina Village
Associates." Adopted.
*85-487 Resolution No. 10709 "Authorizing open market purchase
of communication equipment for the Police Department." Adopted.
FINAL PASSAGE OF ORDINANCES
*85-488 Ordinance No. 2244, N.S. "Authorizing acquisition of
property from Concord Theatre Co. and Syufy Enterprises relative to
Patton Way." Finally adopted.
BILLS
*85-489 A List of Claims, certified by the City Manager as
correct, was approved in the amount of $1,301,342.61.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
'85-490 From Ervin Maslonkowski, 317 Spruce Street, opposing
the improvement of Spruce Street as proposed.
This item, which was in conjunction with a hearing scheduled for this
meeting, was continued to October 15, 1985.
85-491 From From Mayor Thomas N. Lewis, City of Carpinteria,
requesting assistance in defeating Assembly Bill 1427.
Councilmember Corica moved that Council approve supporting the City
of Carpinteria in their request. The motion was seconded by
Councilmember Lucas, and carried by unanimous voice vote - 5.
85-492 From Linda Miles, 1801 Shoreline Drive, submitting questions
concerning the lack of ordinance regulations governing cats.
President Diament referred to the report prepared by the Police Chief
in response to Ms. Miles' letter in which he explained that cats are
not compatible with leash restraints and pose a lower rabies risk than
dogs. The Police Chief was unaware of any other jurisdictions which
have these requirements. He noted in his report that some communities
are experimenting with an optional cat licensing program, and local
Animal Shelter staff are in the process of implementing such a
program which may eventually lead to a request for a City ordinance
mandating licenses for cats.
Councilmember Lucas moved that Council accept the communication and
provide Ms. Miles with information as submitted by the Police Chief.
The motion was seconded by Councilmember Monsef, and carried by
unanimous voice vote - 5.
August 20, 1985
870
RESOLUTIONS
Councilmember Monsef moved that the following item be taken out of
order at this time:
85-493 Resolution No. 10710 "Appointing Arthur D. Whitehair a
member of the Planning Board."
Councilmember Monsef moved, and Councilmember Lucas seconded the
motion, that the resolution be adopted. The motion carried by the
following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef
and President Diament - 5. Noes: None. Absent: None.
The Deputy City Clerk administered the Oath of Office to
Mr. Whitehair.
HEARINGS
85-494 Hearing to overrule protests and ordering street improvements
on Spruce Street east of Third Street.
President Diament declared the hearing open and recommended that it
be continued to October 15, 1985, as a result of ongoing discussions
between the Public Works Director and owners in the area.
Councilmember Lucas moved, and Councilmember Hanna seconded the
motion, to continue the hearing to October 15, 1985. The motion
carried by unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
85-495 From Chairman of the Historical Advisory Commission
regarding overhead wiring installations.
David Plummer, 1401 High Street, Chairman, Historical Advisory
Commission, recommended that necessary steps be initiated to develop
a funded program to commence undergrounding of electrical wiring, as
outlined in his letter to the Council. It was also recommended that
the services of a landscape architect be sought in determining future
site locations of overhead electrical equipment.
Councilmember Monsef stated that he has always been in favor of an
undergrounding program, but he did not concur that the services of an
architect were necessary.
The Assistant City Manager stated that the Public Utilities Board
would be forwarding a report to the Council in the near future
regarding cost impacts in connection with undergrounding.
Councilmember Corica stressed that he would like to know what proposed
undergrounding would cost the rate payers and stated that this may
eventually become a ballot issue. President Diament stated that this
information should be included in the report.
Councilmember Lucas referred to the pending Spruce Street repairs, the
subject of the continued hearing on this agenda, and inquired whether
undergrounding might possibly be included with this project. She
stated this would also be an appropriate time to consider under-
grounding utilities at the Bay Farm Bridge entrance to the City.
August 20, 1985
D '11
She stated she would prefer to await the report before considering
the second recommendation from HAC to retain an architect.
In response to an inquiry from Councilmember Lucas, the Planning
Director explained that the Zoning Ordinance presently calls for
Planning Board review of transmission routes through residential
areas. He noted that if the Bureau intends to add more wires to an
existing route, such a proposal would not come before City staff.
The Bureau of Electricity General Manager referred to the pending
project involving a complex route between the Jenny Substation and the
intersection of Otis and High. He stated that 90 percent of the line
would not require any changes in existing poles. He indicated that,
the Public Utilities Board has asked the Bureau staff to route that
line and design and submit it to the Board for discussion in open
meetings before construction can commence. The Bureau General
Manager stated he would not personally object to having City Planning
staff review the project.
Councilmember Lucas commented that it may be advisable to involve
Planning staff.
-Councilmember Hanna requested that a sketch of the alignment be made
available to the Council when it has finally been determined by the
Board.
Councilmember Hanna moved, and Councilmember Monsef seconded the
motion, that the report be accepted. The motion carried by unanimous
voice vote - 5.
85-496 From Secretary Pro Tem, Public Utilities Board, requesting
approval for retention of excess earnings.
Gordon Christopherson, 2807 Marina Drive, reviewed information
contained in the City Charter regarding financial reports relating
to the Bureau of Electricity. Mr. Christopherson stated that the
Bureau's General Manager should have been aware of the amount of the
anticipated refund. He asked that Council request that the Bureau
prepare a list of their investments and the current status thereof.
Referring to Article XII, Section 12-4 (B), of the City Charter which
refers to "...monthly and annual reports setting forth the financial
and physical condition of the utilities under its [the Public
Utilities Board's] control and management, accompanied by monthly and
annual audits...", the City Attorney clarified that a monthly audit,
to his knowledge, has never been done. The City Attorney stated this
language should be removed by a Charter revision.
The Bureau of Electricity General Manager explained the accounting
practices of the Bureau, which are in accordance with uniform
accounting procedures and as recommended by the auditors. He
offered to provide Council with information describing the Bureau's
investments, and Councilmember Lucas stated she would like to receive
that information.
The Bureau General Manager explained that if the Bureau is not
permitted to retain the funds as requested, the excess funds would be
August 20, 1985
572
returned to rate payers and would result in a slightly lowered rate.
A rate increase would then have to be implemented to cover
undergrounding costs if Council wishes to proceed with that project.
Councilmember Corica observed that the Bureau has maintained lower
rates than P.G. & E. while completing another major project. He
believed the excess should be returned to the rate payers.
Councilmember Lucas moved that Council accept the , PUB 's report and
recommendation, authorizing the Bureau's retention of the excess
earnings to be used as proposed; i.e., Otis Drive undergrounding and
Patton Way utility rearrangement projects. Councilmember Hanna
seconded the motion, which carried by the following vote: Ayes:
Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes:
Councilmember Corica - 1. Absent: None.
85-497 From City Manager regarding the Alameda County Solid Waste
Management Authority's request for Council's endorsement of the
creation of a Technical Advisory Committee.
It was moved by Councilmember Corica, and seconded by Councilmember
Lucas, that the report and recommendation be accepted. The motion
'carried by unanimous voice vote - 5.
RESOLUTIONS
85-498 Resolution No. "Overruling objections to notice to
construct street improvements on Spruce Street east of Third Street
and authorizing Superintendent of Streets to cause said work to be
performed."
This resolution was continued to October 15, 1985, in conjunction
with the related hearing as noted above.
85-499 Resolution No. 10711 "Approving Parcel Map No. 4564 for
division of property within Alameda Marina Village, accepting certain
dedicated easements and finding said. Parcel Map consistent with City's
General Plan (Alameda Marina Village Associates, subdivider)."
Councilmember Hanna moved that the resolution be adopted in accordance
with the recommendations set forth in the Public Works Director's
memorandum dated August 13, 1985. The motion was seconded by
Councilmember Lucas and carried by the following vote: Ayes:
Councilmembers Corica, Hanna, Lucas, Monsef and President Diament
5. Noes: None. Absent: None.
85-500 Resolution No. 10712 "Approving Parcel Map No. 4218 for
division of property within Alameda Marina Village, accepting certain
dedicated easements and finding said Parcel Map consistent with City's
General Plan (Alameda Marina Center Associates, subdivider)."
Councilmember Hanna moved, and Councilmember Lucas seconded the
motion, that the resolution be adopted in accordance with the
recommendations as included in the Public Works Director's memorandum
dated August 13, 1985. The motion carried by the following vote:
Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President
Diament - 5. Noes: None. Absent: None.
August 20, 19S5
85-501 Resolution No. 10713 "Determining that the public interest
and necessity require foreclosure of the liens of certain delinquent
unpaid assessment installments and directing the filing of foreclosure
actions in the Superior Court pursuant to Sections 8830 through 8835,
inclusive, of the Streets and Highways Code."
It was moved by Councilmember Monsef, and seconded by Councilmember
Lucas, that the resolution be adopted. The motion carried by the
following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef
and President Diament - 5. Noes: None. Absent: None.
85-502 Resolution No. 10714 "Expressing support for the passage
of Senate Bill 75 pertaining to Joint and Several Liability."
Councilmember Corica moved that Council adopt the resolution and
notify Senators Petris and Lockyer and Assemblymen Klehs and Harris
in addition to those specified in the resolution. The motion was
seconded by Councilmember Monsef and carried by the following vote:
Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President
Diament - 5. Noes. None. Absent: None.
The following three items were removed from the Consent Calendar and
'considered at this time:
85-503 Resolution No. 10715 "Awarding contract to 0. C. Jones &
Sons for construction of South Loop Road, Phase II, Harbor Bay
Business Park, Assessment District 84-4, [P.W. No. 5-85-19], and
authorizing execution thereof."
This item was removed from the Consent Calendar at Councilmember
Monsef's request so that an explanation could be given.
The Public Works Director explained that this project had already
been approved by the Planning Board and Council.
Peg Roberts, 3120 La Campania, Casitas Alameda Homeowners, questioned
that Planning Board approval had been granted.
The Planning Director clarified that the Planning Board and Council
have approved projects which establish this alignment. He
acknowledged residents' concerns regarding a pending Planned
Development amendment which was not the subject of this item.
Councilmember Monsef added that the proposed construction plan has
been previously approved and does not relate to expansion of the
industrial park, which would require an EIR before any changes could
be made to the existing plan.
Councilmember Corica inquired as to the citizens being given an
opportunity to address the matter. The Planning Director stated that
he believed residents were concerned that the Planning Board will be
considering an amendment which would affect the alignment of Harbor
Bay Parkway; however, the alignment has been set by previous actions.
Councilmember Hanna emphasized that the item under consideration at
this time was merely to approve the contract to construct a portion of
South Loop Road.
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574
In response to Councilmembers' concerns regarding citizens being
afforded adequate opportunity to address the pending plan amendment,
the Planning Director described the Environmental Impact Report
process which has been followed.
Councilmember Hanna moved for adoption of the resolution, and
Councilmember Monsef seconded the motion, which carried by the
following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef
and President Diament - 5. Noes: None. Absent: None.
85 -504 Resolution No. 10716 "Approving amendment of agreement with
Bissell & Karn for design of public improvements, Harbor Bay Parkway
Phase III, EDA /Assessment District 84 -4."
Peg Roberts, 3120 La Campania, stated that the map being viewed by
Council at this time was not the same map that has been presented to
the Planning Board. She objected to what she described as piecemeal
approval of this plan.
The Planning Director explained that the matter referred to by
Ms. Roberts has nothing to do with the item being considered by
Council at this time.
Rosalie McPherson (no address given) contended that the Parcel Map is
in existence illegally in that it was never considered by the
Planning Board and may have been approved by Council as part of a
Consent Calendar. She stated that realignment of Harbor Bay Parkway
would affect Shoreline Park.
Councilmember Hanna noted that the concerns expressed were not
relevant to the particular item being considered by Council at this
time, which was only a minor modification of an existing agreement
to add a "record access" clause.
Councilmember Hanna offered a motion to adopt the resolution.
Fred Scullin, 1120 Chestnut Street, stated that he wished to examine
the documents involved, particularly more detailed drawings of the
Harbor Bay Parkway extension. The City Attorney confirmed that the
City's records are public, and the Public Works Director stated he
would make the information available to Mr. Scullin.
Councilmember Lucas seconded the motion for adoption of the
resolution as offered by Councilmember Hanna. The resolution was
adopted by the following vote: Ayes: Councilmembers Corica, Hanna,
Lucas, Monsef and President Diament - 5. Noes: None. Absent: None.
85 -505 Resolution No. 10717 "Adopting Plans and Specifications
for resurfacing of the Washington Park Tennis Courts [P.W. No.
8- 85 -23], calling for bids and directing City Clerk to advertise
same, and allocating Dwelling Unit Tax Fund monies to fund said
project."
Councilmember Monsef stated he had requested removal of this item from
the Consent Calendar and asked the Recreation and Parks Director if
any revenue is generated for the City from the tennis courts. He also
inquired as to the estimated percentage of users that are Alameda
residents. The Director stated that no revenue is generated, other
than from lessons given, at the courts. He estimated that 60 to 70
August 20, 1985
575
percent of the users are residents. Councilmember Monsef stated that
he would like to see some type of accountability whereby non-residents
could be charged for use of City facilities.
It was moved by Councilmember Lucas, and seconded by Councilmember
Hanna, that the resolution be adopted. The motion carried by the
following vote: Ayes: Councilnambers Corica, Hanna, Lucas, Monsef
and President Diament - 5. Noes: None. Absent: None.
INTRODUCTION OF ORDINANCES
85-506 Ordinance No. , N.S. "Authorizing Grant of Easement to
Pacific Bell for placement of an electronic equipment closure on City
Golf Course property."
Council requested that additional information be provided in the form
of a more accurate site plan when this matter is considered for final
adoption. Council also directed that language in Section 2 of
the Ordinance with regard to "...crossarms, poles, anchors, guys,
cables, electrical conductors..." be amended as appropriate.
With the above direction to staff, Councilmember Corica moved for
'introduction of the Ordinance, and the motion was seconded by
Councilmember Hanna. The motion carried by the following vote:
Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President
Diament - 5. Noes: None. Absent: None.
UNFINISHED BUSINESS
85-507 President Diament noted that she has received four
applications from citizens requesting to be considered for appointment
to the Tree Advisory Committee. She stated that the number of
committee members had not been determined. Councilmember Lucas
indicated that Mrs. Minot's proposal had designated seven members,
and President Diament questioned if that number included staff
members.
85-508 President Diament requested that the Police Chief provide a
report for the net Council agenda regarding the issue of police
coverage at East Bay Regional Park District facilities within Alameda.
NEW BUSINESS
85-509 President Diament announced that a rally for the Babe Ruth
Team is planned to be held on the steps of City Hall on Sunday,
August 25, 1985, to welcome the team home from competition
participation on the East Coast. She urged everyone's support.
85-510 Councilmember Corica referred to Measure A and his exchange
of memoranda with the City Attorney. Councilmember Corica noted that
the City Attorney had indicated that a local lawsuit challenging
Measure A had been dropped for financial reasons. Councilmember
Corica pointed out that a successfully defended case in Petaluma had
thwarted the local case. He commented that he hoped that the Council
would again ask for specialized outside legal counsel in the event of
further litigation in connection with Measure A, or he indicated that
it may be necessary to consider a further ballot measure.
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576
85-511 Councilmember Lucas referred to concerns by home owners in
the Waterford Cove area that dredging by the Aeolian Yacht Club may
affect their landfill. The Planning Director explained that the
dredging permit had been approved by BCDC who required a soils report
by a qualified engineer. He stated the home owners have been notified
accordingly, and he would check to verify that they have received this
information.
85-512 Councilmember Lucas addressed the issue of truck traffic
on Buena Vista Avenue. She stated she would like trucks to be routed
along Clement Street and prohibited on Buena Vista between Grand and
Park Streets. The Public Works Director stated he would like to look
into the request and would report back to Council.
ORAL COMMUNICATIONS
85-513 Fred Scullin, 1120 Chestnut Street, expressed concerns
regarding possible contamination of water from spoils of the dump site
in connection with the dredging being done by the Aeolian Yacht Club.
The Public Works Director described tests that were required and met
with approval of the Water Quality Control Board.
'ADJOURNMENT
There being no further business to come before the Council, President
Diament adjourned the meeting at 9:40 p.m. to an Executive Session to
consider the case of Gilmore versus the City of Alameda. The next
regular Council meeting was scheduled for September 3, 1985.
Respectfully submitted,
=
44. net Johnson
Deputy City Clerk
August 20, 1985