1984-08-21 Regular CC Minutes� �� �� � � ��
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY AUGUST 21, 1984
The meeting convened at 8:40 p.m. at the conclusion of the Community Improvement
Meeting, with President Diament presiding. The Invocation was given by Rev.
Wally Riches, Twin Towers Methodist Church. The Pledgewas led byCouncilmember Monsef.
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 5.
Absent: N0De,
MINUTES
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
Minutes of the Regular Adjourned Council Meeting of June 26, 1984, be approved
as submitted; the motion carried by unanimous voice vote - 5.
RESOLUTIONS
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
resolutions appointing members to various Board and Commissions be considered
at this time; the motion carried by unanimous voice vote - 5.
84-701
Resolution No. 10412 "Reappointing Jack C. Balaz a Member of the Library 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, Monsef, Lucas, and President Diament - 5. Noes: N0D8, Absent:
None.
84-702 Resolution No. 10413 "Appointing Peter E. Brown a Member of the Social
Service Human Relations Board."
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, Monsef, Lucas, and President Diament - 5. Noes: None. Absent:
None.
84-703 Resolution No. 10414 "Appointing Douglas F. Durein a Member of the Public
Utilities 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, Monsef, Lucas, and President Diament - 5. Noes: None. Absent:
None.
The Deputy City Clerk administered the Oath of Office to Mr. Durein.
August 21, 1984
84 -704 Resolution No. 10415 "Appointing Rita R. Haugner a Member of the Alameda
Historical Advisory Commission."
Councilmember Hanna made a motion, seconded by C,ouncilmember Gorman, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Monsef, Lucas, and President Diament - 5. Noes: None. Absent:
None.
The Deputy City Clerk administered the Oath of Office to Ms. Haugner.
84 -705 Resolution No. 10416 "Appointing Robert G. O'Maley as a Member of the
Golf Commission."
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, Monsef, Lucas, and President Diament - 5. Noes: None. Absent:
None.
84 -706 Resolution No. 10417 "Reappointing Tom D. Paddison a Member of the Civil
Service 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, Monsef, Lucas, and President Diament - 5. Noes: None. Absent:
None.
CONSENT CALENDAR
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the
following items on the Consent Calendar be adopted; the motion carried by the
following vote: Ayes: Councilmembers Gorman, Hanna, Monsef, Lucas, and President
Diament - 5. Noes: None. Absent: None.
Items so enacted or adopted are indicated by an asterisk ( *).
REPORTS AND RECOMMENDATIONS
*84 -707 From Public Works Director recommending acceptance of work by Mountain
Cascade, Inc., for Major Storm Drain Outfall, Harbor Bay Business Park Assessment
District 84 -1, No. PW 3- 84 -6A. Approved.
*84 -708 From Public Works Director recommending acceptance of work for the construction
of the Maintenance Service Center and Animal Shelter Facility, No. PW 5- 83 -18.
Approved.
*84 -709 From Public Works Director recommending acceptance of work by Monterey
Mechanical for improvement to Eighth Street and Portola Avenue Pump Station,
PW 7-7443. Approved.
*84 -710 From Public Works Director recommending acceptance of improvements and
release of bond for Tract 3645 (Bay Isle Pointe). Approved.
RESOLUTIONS
*84 -711 Resolution No. 10418 "Adopting Plans and Specifications for repair
and resurfacing of certain Streets, Phase 4, calling for bids and directing City
Clerk to advertise same." Adopted.
August 21, 1984
3
INTRODUCTION OF ORDINANCES
*84-712 Ordinance No. , New Series "Amending the Alameda Municipal Code
by adding Subsection (4) to Section 17-344.1 thereof to establish a twenty-four
minute parking zone in front of 2055 Santa Clara Avenue." Introduced.
FINAL PASSAGE OF ORDINANCES
*84-713 Ordinance No. 2204, New Series "Authorizing sale of City-owned property
at Otis Drive and Willow Street to Alameda Medical Office Building Associates,
a California Limited Partnership." Finally adopted.
*84-714 Ordinance No. 2205, New Series "Amending the Alameda Municipal Code
by adding Chapter 10 to Title XV thereof relating to litter control." Finally
adopted.
*84-715 Ordinance No. 2206, New Series "Ordinance of the City Council of the
City of Alameda, California approving the terms and conditions of an agreement
among Northern California Power Agency and certain project participants and approving
the execution of and delivery of said agreement by officers of the City of Alameda."
Finally adopted.
*84-716 Ordinance No. 2207, New Series "Ordinance of the City Council of the
City of Alameda authorizing the issuance of Public Power Revenue Bonds by Northern
California Power Agency (Combustion Turbine Project Number One)."
*84-717 Ordinance No. 2208, New Series "Ordinance of the City Council of the
City of Alameda authorizing the issuance of notes by Northern California Power
Agency (Combustion Turbine Project Number One)." Finally adopted.
*84-718 Ordinance No. 2209, New Series "Amending the Alameda Municipal Code
by amending Subsection (144) of Section 17-432 thereof to establish a stop sign
for the north leg of Fitchburg Avenue at Maitland Drive." Finally adopted.
BILLS
*84-719 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of S987,192.55.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
84-720 From Edward R. Payne, 3127 Marina Drive, expressing concern regarding
the 115,000 volt power line project.
The following persons spoke in opposition to installation of the 115kV power
poles on Marina Drive:
Edward Payne, 3127 Marina Drive
Dmitri De Denko, 2811 Marina Drive
James Belcher, 2022 High Street
Debra Taylor, 2909 Fernside Drive
Clifford Anderson, 2904 Fernside Drive
Leslie Cole, 3026 Marina Drive
August 21, 1984
3 56
After discussion, Councilmember Lucas made a motion, seconded by Councilmember
Monsef, to request the City Manager to provide information necessary to calculate
costs of undergrounding the 115kV Project on Marina Drive and costs of going
from underground to overhead wiring in the Fernside Shopping Center area.
Councilmembers Hanna and Gorman stated they felt they had adequate information
on costs for undergrounding and spoke in opposition to the motion.
The motion FAILED by the following vote: Ayes: Councilmembers Lucas and Monsef - 2.
Noes: Councilmembers Gorman, Hanna, and President Diament - 3. Absent: None.
Councilmember Lucas requested the City Attorney to provide an opinion as to when
the issue could be placed on the ballot, not a special election.
Councilmember Monsef made a motion, seconded by Councilmember Lucas, that the City
Council desires to underground the 115kV system on Marina Drive and that staff
submit assessment procedures within one month; the motion carried by the following
vote: Ayes: Councilmembers Lucas, Monsef, and President Diament - 3. Noes:
Councilmembers Gorman and Hanna - 2. Absent: None.
At the request of the City Manager, Steve Casellegio, Jones Hall Hill and White,
explained Assessment District proceedings.
After further discussion, President Diament made a motion, seconded by Councilmember
Gorman, to recind the previous motion; the motion carried by the following vote:
Ayes: Councilmembers Gorman, Hanna, and President Diament - 3. Noes: Councilmembers
Lucas and Monsef - 2. Absent: None.
Councilmember Lucas made a motion, seconded by Councilmember Hanna, that staff
investigate whether homeowners on Marina Drive would be willing to participate
in an Assessment District to underground the 115kV system and directed the City
Manager to come back with a report within 30 days.
The City Manager stated that staff would provide residents with technical assistance
as to how an Assessment District operates.
The motion carried by unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
84-721 From Chairman of the Golf Commission regarding flooding problems at the
Municipal Golf Course.
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the
report be accepted and the City Manager's recommendation that the matter be presented
in November when funding proposals are presented approved; the motion carried
by unanimous voice vote - 5.
84-722 From Chairman of Historical Advisory Commission recommending opposition
to the proposed name change for the Brooklyn Basin.
Gary Knecht, Chairman of Historical Advisory Commission, spoke in opposition
to the proposed name change.
August 21, 1984
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the report
be accepted and a resolution supporting the position of the Historical Advisory
Commission adopted adding "Whereas, it is a part of our property," and the resolu-
tion and material submitted by the Historical Advisory Commission submitted to
the Board of Geographic Names; the motion carried by unanimous voice vote - 5.
84-723 From Chairman of Historical Advisory Commission regarding the proposed
demolition of the "Red Brick Building."
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
report from Historical Advisory Commission be accepted and the staff recommendation
to hold it for consideration of the demolition permit appeal in conjunction with
hearings on proposed revisions to the Alameda Marina Village Master Development
Plan and related environmental documents a0PrVved; the motion carried by unanimous
voice vote - 5.
84-724 From Finance Director regarding the status of study for City's Electronic
Data Processing requirements
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the
report be accepted reflecting the current status of the City's requirements;
the motion carried by unanimous voice vote - 5.
84-725 From Public Works Director submitting report and recommendation on private
property owners' retaining walls and plantings on the public shoreline behind
Bayview Estates.
Bill Kane, President of Bayview Homeowners' Board of Directors, expressed concern
regarding maintenance of the beach and concurrence with the recommendation that
homeowners be allowed to plant ground cover with approval of City Engineer.
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that report
be accepted and Public Works Director's recommendations approved with the inclusion
that property owners be allowed to do their protective work with approval of
City Engineer and providing on the "written approval" would be "no guarantee
from the City as to effectiveness and that such approval does not constitute
any private use encroachment rights." The motion carried by unanimous voice
vote - 5.
84-726 From Management Analyst submitting recommendation regarding Rosemary
Muller & Associates' report on handicapped/disabled access in the City of Alameda.
Josephine BiXl2r, 814 Haight Avenue, stated that accessibility of the City Hall
elevator should be given first priority.
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the
report be accepted and non-structural changes accomplished by October 17, 1984;
the motion carried by unanimous voice vote - 5.
August 21, 1984
84 -727 Resolution No. 10419 "Resolution of the City Council of the City of
Alameda approving, authorizing and directing execution of agreement for bond
counsel services with Jones Hall Hill & White, a professional law corporation
and appointing Rauscher Pierce Refsnes, Inc. to act as underwriter with respect
to Tax and Revenue Anticipation Notes.
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, Lucas, and President Diament - 5. Noes: None. Absent:
None.
84 -728 Resolution No. 10420 "A resolution rescinding Resolution No. 10405,
a Resolution of Intention to make acquisitions and improvements (Marina Village
Assessment District 84 -3)."
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Monsef, Lucas, and President Diament - 5. Noes: None. Absent:
None.
Councilmember Gorman made a motion, seconded by Councilmember Gorman, that the
meeting be extended to 11:30 p.m.; the motion carried by unanimous voice vote -
5.
84 -729 Resolution No. 10421 "A Resolution of Preliminary Determination and
of Intention to make acquisitions and improvements (Marina Village Assessment
District 84 -3)."
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that Exhibit
A, Phase 1, Paragraph 1, be amended to read "and storm drainage improvements
between the northside storm sewer and the Estuary." The motion carried by the
following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 5. Noes: None. Absent: None.
84 -730 Resolution No. 10422 "A resolution preliminarily approving Engineer's
Report, appointing time and place of hearing protests and directing notice thereof,
and describing proposed boundaries of Assessment District and directing filing
of Boundary Map (Marina Village Assessment District 84 -3)."
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Monsef, Lucas, and President Diament - 5. Noes: None. Absent:
None.
Fred Scullin, 1120 Chestnut Street, suggested that the information did not appear
complete, and Steve Casellegio, Jones Hall Hill and White, noted that these were the
best estimates that could be obtained at this time.
84 -731 Resolution No. 10423 "Establishing rates and fees to be charged for
play on Alameda Municipal Golf Courses."
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, Monsef, Lucas, and President Diament - 5. Noes: None. Absent:
None.
August 21, 1984
84 -732 Resolution No. 10424 "Approving and authorizing execution of amendment
to Joint Powers Agreement with the County of Alameda and various cities within
the County relating to the planning, development of programs by Alameda County
Training and Employment Board /Associated Community Action Program."
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Monsef, Lucas, and President Diament - 5. Noes: None. Absent:
None.
INTRODUCTION OF ORDINANCES
84 -733 Ordinance No. , New Series An ordinance approving the assignment
and terms and conditions of that certain lease between Ballena Isle Marina and
Ballena Bay Office Building No. 2 with contingency provision for City becoming
lessor."
Councilmember Lucas expressed concern that the lease is a long -term agreement
with rather low rent and recommended consideration be held over until the City
Attorney is present and made a motion to that effect; Councilmember Monsef seconded
the motion. However, discussion ensued and no vote was taken.
President Diament inquired whether it would cause a problem with the UDAG application
if delayed, and the City Manager noted it could cause a problem.
Richard Sherratt, 1138 Ballena Boulevard, spoke in support of the ordinance and
explained provisions of the lease.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
ordinance be introduced; the motion carried by the following vote: Ayes: Council -
members Gorman, Hanna, and President Diament - 3. Noes: Councilmembers Lucas
and Monsef - 2. Absent: None.
FINAL PASSAGE OF ORDINANCES
84 -734 Ordinance No. , New Series "An interim ordinance prohibiting and
suspending issuance of Building Permits for construction on certain properties
that are inconsistent with proposed zoning (emergency)."
Viv Viviano, 1202 Lincoln Avenue and owner of property being developed on Schiller
Street, spoke in opposition to the ordinance and stated that when one makes
arrangements they should be able to depend on the zoning.
Ian Keye, 1915 Schiller Street, spoke in support of the ordinance.
Councilmember Gorman stated that you should be able to depend on the General
Plan and made a motion, seconded by Councilmember Hanna to deny passage of the
ordinance.
Councilmember Lucas stated that housing is a major need, and this area has housing
that would be considered moderate cost.
The motion FAILED BY the following vote: Ayes: Councilmembers Gorman and Hanna - 2.
Noes: Councilmembers Lucas, Monsef, and President Diament - 3. Absent: None.
August 21, 1984
Councilmember Monsef made a motion, seconded by Councilmember Lucas, that the
ordinance be finally adopted; the vote on the motion was as follows: Ayes:
Councilmembers Lucas, Monsef, and President Diament - 3. Noes: Councilmembers
Gorman and Hanna - 2. Absent: None.
Upon inquiry, the City Manager stated that he felt an emergency ordinance required
a 4/5 vote of the Council to pass but he would check with the City Attorney.
(An emergency ordinance requires a 4/5 vote of the Council, therefore, the ordinance
did not pass.)
UNFINISHED BUSINESS
84 -735 Consideration of appointment of one Member to the Social Service Human
Relations Board.
President Diament nominated Lewis E. Hurwitz for appointment to the Social Service
Human Relations Board; the nomination was seconded by Councilmember Monsef and
carried by unanimous voice vote - 5.
84 -736 Councilmember Hanna suggested the Planning Board consider bonuses for
signs which are in good taste and acceptable to the Design Review Board.
FILING
84 -737 Amendment to Joint Powers Agreement with Alameda County relating to programs
of Alameda County Training and Employment Board /Associated Community
Action Program.
Plans and Specifications for repair and resurfacing of certain streets,
Phase 4.
Lease between Ballena Isle Marina and Ballena Bay Office Building No. 2.
ORAL COMMUNICATIONS, GENERAL
Richard Sherratt, 1138 Ballena Boulevard, suggested the Council consider sending
a letter commending Mayor Bradley, City of Los Angeles, for the outstanding job
in representing the State of California and the United States during the recent Olympics
and also a letter commending the Olympic Committee.
The Council agreed by consensus.
ADJOURNMENT
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the Council
adjourn to Executive Session for 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 12:25 a.m. The next regularly scheduled meeting will be held at 7:30 p.m.,
Tuesday, September 4, 1984.
Respectfully submitted,
Diane B. Felsch
Deputy City Clerk
August 21, 1984