1984-12-04 Regular CC Minutes402
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY DECEMBER 4, 1984
The meeting convened at 7:30 p.m. (at the conclusion of the Housing Authority
Meeting) with President Diament presiding. The Pledge of Allegiance was
led by Councilmember Monsef. The Invocation was given by Reverend W. Evan
Golder, First Congregational Church.
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef and
President Diament - 5.
Absent: None.
MINUTES
Councilmember Lucas motioned, seconded by Councilmember Monsef, that the
Minutes of the Regular Council Meeting of November 6, 1984, be approved
as submitted; the motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilmember Lucas motioned, seconded by Councilmember Monsef, to approve
the Consent Calendar; the motion carried by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk ( *).
REPORTS AND RECOMMENDATIONS
*84 -904 From Public Works Director recommending an extension of time of
two years, to September 4, 1986, in which to complete the improvements for
Tract 4288. Approved.
*84 -905 From Public Works Director recommending acceptance of work by
Gallagher & Burk, Inc. for Harbor Bay Parkway Extension, Phase 2, No.
P.W. 6- 83 -12. Approved.
*34 -906 From Chief of Police regarding purchase recommendation, one parking
enforcement vehicle. Approved.
*84 -907 From Planning Director recommending a hearing date of December 18, 1984
for consideration of an ordinance establishing a 1,000 -foot minimum distance
between Packaged Liquor Stores. Approved.
RESOLUTIONS
*84 -908 Resolution No. 10485 "A resolution authorizing submittal of an
application for a Career Criminal Apprehension Program Grant to the Office
of Criminal Justice Planning, State of California, and authorizing execution
of a grant award." Adopted.
FINAL PASSAGE OF ORDINANCES
*84 -909 Ordinance No. 2218, N.S. "An ordinance amending the'Alameda
Municipal Code by amending Chapter 5 of Title XVII thereof to establish
application procedures for terminal and services access for interstate
trucks." Finally adopted.
December 4, 1984
403
BILLS
*84 -910 An itemized List of Claims, certified by the City Manager as
correct, was approved in the amount of $787,484.59.
RETURN TO REGULAR AGENDA
HEARINGS
84 -911 Hearing regarding proposed amendment to the Alameda Municipal
Code (Zoning Ordinance) adding Section 11- 14B13(v) relating to erection
of Neighborhood Crime Watch Signs.
The Planning Director stated the Planning Board reviewed the proposed
ordinance and would allow the placement (with review) of the signs within
the right -of -way on regular poles according to Public Works' standards.
Councilmember Lucas expressed concern the proposed ordinance did not include
the design of the signs. Councilmember Gorman agreed that the design of
the signs should be in the ordinance.
Police Officer Westmoreland presented a sample of the sign to Council.
Councilmember Gorman motioned, seconded by Councilmember Hanna, that the
public portion of the hearing be closed and introduction of the ordinance
being taken out or order.
84 -912 Ordinance No. ,N.S. "An ordinance amending the Alameda
Municipal Code by adding Subsection 11- 14B13(v) thereto relating to
Neighborhood Crim Watch Signs."
Councilmember Gorman motioned, seconded by Councilmember Hanna, introduc-
tion of the ordinance with the addition of the provision for "design;"
the motion carried by unanimous voice vote - 5.
President Diament announced that the hearing regarding Marina Village
Assessment District 84 -3 is continued to January 2, 1985; the Special
Meeting of the Community Improvement Commission is continued to its
next regular meeting; and the resolution authorizing execution of a
Cooperation Agreement between the City and Alameda Marina Village Associates
concerning construction of certain public improvements will not be considered
this evening.
REPORTS AND RECOMMENDATIONS
84 -913 From City Manager on disposition of the Portola Triangle.
The City Manager briefly summarized his report.
The following persons spoke on the subject:
Lyle G. Hangartner, 640 Westline Drive
Ernest C. Chase, 833 Portola Avenue
Gertrude B. Woods, Alameda Free Library Board of Trustees
Gloria J. Reid, 817 Portola Avenue.
December 4, 1984
404
Councilmember Lucas noted the Appraiser's statement that the desirability
of the property for residential purposes is limited by the busy nature
of the area. Councilmember Lucas stated she supported the proposal of
appointing a committee to find the best public use for the site.
Councilmember Hanna stated he was in favor of the Planning Board reviewing
the site for Rl -PD zoning.
Councilmember Monsef suggested Council delay action for another month until
the Library Site Committee submits a report.
President Diament stated she felt that would be desirable.
Councilmember Gorman did not concur with Councilmember Monsef's suggestion,
and motioned, seconded by Councilmember Hanna, to accept the report and
refer the parcel to the Planning Board for rezoning; but do not offer the
property for sale until the zoning is complete. The motion carried by the
following vote: Ayes: Councilmembers Gorman, Hanna and President Diament -
3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None.
84 -914 From City Manager regarding deletion of Federal tax deductions
for State and Local taxes.
The City Manager stated the elimination of Federal tax deductions would
create a potential for a net increase in taxes.
President Diament noted that the Federal Government, in effect, increases
Federal revenues at the expense of State and Local governments.
Councilmember Lucas stated she had some serious questions whether it would
be at the expense of Local government, and she was not in support of the
City Manager's position.
Councilmember Hanna stated that all forms of compensation should be taxed
in a fair and equitable manner. Councilmember Hanna added that in regard
to deductions for State and Local taxes, perhaps the City as a whole may
want to address the matter.
The City Manager noted in his recommendation he indicates it is an area of
concern, and he does not make a specific recommendation on an action by the
Council.
Councilmember Lucas stated whatever position Council should take at this
time would be premature, and motioned, seconded by Councilmember Gorman,
to accept the report; the motion carried by unanimous voice vote - 5.
84 -915 From Assistant City Manager regarding general liability /property
insurance premium increases.
The Assistant City Manager noted for the past six years the City has
enjoyed a generai reduction in premiums, however, the situation has changed
this year due to various conditions in the market place. The Assistant
City Manager stated the net effect is the premiums for general' liability
have been increased by 109% over last year.
December 4, 1984
405
Mr. Mort Levinson, Vice President of Levinson Bros., explained the
changes occurring in the insurance industry.
Councilmember Gorman inquired why the City did not go out to bid.
The Assistant City Manager responded there was not sufficient time
to put specifications together, bid, and evaluate.
Councilmember Monsef stated the notification to the City was rather
short for 109% increase.
Councilmember Gorman stated the City should go out to bid before spending
the additional $65,000.00. Councilmember Gorman motioned, seconded by
Councilmember Monsef, to accept the report, do not implement the recommenda-
tion, and direct Staff to put the current insurance out to bid.
President Diament stated the City should go out to bid next year.
Councilmember Monsef called for the question; the Clerk restated
Councilmember Gorman's motion; the motion failed by the following
vote: Ayes: Councilmembers Gorman and Monsef - 2. Noes: Councilmembers
Hanna, Lucas and President Diament - 3. Absent - None.
Councilmember Lucas motioned, seconded by Councilmember Hanna, to approve
the transfer of $65,000.00 from the General Fund to the General Liability
Reserve Account; the motion carried by the following vote: Ayes:
Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers
Gorman and Monsef - 2. Absent: None.
RESOLUTIONS
84 -916 Resolution No. "A resolution overruling protests (Marina
Village Assessment District 84 -3)." Continued to January 2, 1985.
84 -917 Resolution No. "A resolution determining convenience and
necessity, adopting Engineer's Report, confirming the Assessment and ordering
the work and acquisitions, directing recording and filing of Assessment,
Assessment Diagram and Notice of Assessment (Marina Village Assessment
District 84 -3)." Continued to January 2, 1985.
84-918 Resolution No. 10486 "A resolution awarding contract to Gallagher
& Burk, Inc. for Alameda Public Access, Alameda Park Boat Ramp Parking Lot
Construction, and authorizing execution thereof."
Councilmember Gorman motioned, seconded by Councilmember Monsef, to adopt
the resolution; the motion carried by the following vote: Councilmembers
Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None.
Absent: None.
84 -919 Resolution No. 10487 "A resolution authorizing submittal of
application for rental rehabilitation grant funds to the Federal Department
of Housing and Urban Development and authorizing the City Manager or his
designee to execute Grant Agreement."
December 4, 1984
4 6
Councilmember Gorman motioned, seconded by Councilmember Hanna, to
adopt the resolution.
Councilmember Lucas expressed a concern that the additional Section-8
units would lead to an increase beyond that allowed by the City's General Plan,
and that she had requested information on the subject in April, 1984.
The City Manager responded that the information would be provided to the
Council in January.
On call for the question, the motion carried by the following vote:
Ayes: Councilmembers Gorman, Hanna, Monsef and President Diament - 4.
Noes: None. Abstentions: Councilmember Lucas - 1 (due to lack of
the information initially requested in April) Absent: None.
84 -920 Resolution No. 10488 "A resolution reappointing Mark J. Hanna
as a Trustee of the Alameda County Mosquito Abatement District."
Councilmember Gorman motioned, seconded by Councilmember Monsef, to adopt
the resolution; the motion carried by the following vote: Ayes: Council -
members Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None.
Absent: None.
Councilmember Hanna noted the Alameda County Mosquito Abatement District
has a new facility in Hayward, and invited the Council to attend its
dedication.
INTRODUCTION OF ORDINANCES
84 -921 Ordinance No. , N.S. "An ordinance authorizing acquisition
by purchase from ABC Treadco, Inc. of certain real property for City public
utility purposes (Cable Terminal Site)."
Councilmember Hanna requested a map of the easement location be submitted
by the Bureau of Electricity before final passage of the ordinance.
Councilmember Gorman motioned, seconded by Councilmember Monsef, that the
ordinance be introduced; 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
84 -922 Ordinance No. 2219, N.S. "An ordinance amending the Alameda
Municipal Code by adding Article 3 to Chapter 4 of Title XI thereof relating
to the rehabilitation, remodeling or alteration of existing structures."
(Placed on the agenda at the request of Councilmember Lucas)
The following persons spoke in opposition to the ordinance:
Lois E. Pryor, 1814 Clinton
George V. Carder, 1515 Versailles Street.
The City Attorney stated, for the record, Measure A is not responsible
for the two -unit limit.
December 4, 1984
407
Councilmember Hanna noted that he has felt that the three- or four -units
were against Measure A, although the City's legal advisor has made it clear
he feels it was appropriate.
In response to inquiry, the Acting Community Development Director
described the units the Community Development Department has been
working with.
Councilmember Lucas motioned, seconded by Councilmember Monsef, the
ordinance be finally adopted; the motion carried by the following vote:
Ayes: Councilmembers Hanna, Lucas and Monsef - 3. Noes: Councilmembers
Gorman and President Diament - 2. Absent: None.
NEW. BUSINESS
84 -923 President Diament noted a letter submitted to Council by
Mrs. D.L. Hunt, 105 Cypress Street, expressing concern about the
intersection at Fifth Street, Marshall Way and Lincoln; as well as
the gutters and intersections over most of the West End of the City.
The Public Works Director responded he would contact Mrs. Hunt and
address the specific problems.
84 -924 Councilmember Lucas inquired about the Drunk Driving Special
Enforcement Program grant funds.
The City Manager responded the program will not phase out, however the
funds will be phased out by next fiscal year.
84 -925 President Diament requested Council approve a proclamation
regarding National Drunk & Drugged Driving Awareness Week.
Councilmember Gorman motioned, seconded by Councilmember Hanna, approval of
a proclamation, and directed staff to prepare it; the motion carried by
the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef
and President Diament - 5. Noes: None. Absent: None.
FILING
84 -926 Cooperation Agreement between the City and Alameda Marina
Village Associates.
ADJOURNMENT
Councilmember Gorman motioned, seconded by Councilmember Monsef, that
Council adjourn to Executive Session for discussion of personnel and
litigation matters.
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 Mayor
adjourned the meeting in memory of Police Officer Jeddeloh and
Mr. Frank Weeden. The meeting adjourned to December 18, 1984 at 7:30 p.m.
Adjournment was at 9:30 p.m.
tfully,sub
December 4, 1984 DI! FELSCB,