1983-06-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY JUNE 21,1983
The meeting convened at 7:30 p.m. with President Diament presiding. The Pledge
of Allegiance was led by Councilmember Monsef. The Invocation was given by
Rabbi Bernhard Frankel, U.S.S. Enterpr13e,
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 5.
Absent: None.
MINUTES
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
Minutes of the Regular Council Meeting of June 7, 1983, be approved as submitted;
the motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
Consent Calendar be approved; the motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes:
None. Absent: None.
Items so enacted or adopted are indicated by an asterisk (*).
RESOLUTIONS
+83-292 Resolution NO, 10069 "Authorizing continuation of City operations
prior to approval of the Final Budget."
*83-293 Resolution No. 10070 "Awarding conract for legal advertising for City
of Alameda for Fiscal Year 1983-84 to Alameda Times-Star."
*83-294 Resolution No. 10071 "Authorizing execution of modification to Emergency
Ambulance Service Program Agreement between the City and the County of Alameda."
*83-295 Resolution MO, 10072 "Amending City of Alameda Resolution No. 9770
relating to rates and charges for Cable Television Service."
+83-206 Resolution No. 10073 "Adopting Plans and Specifications for construction
of wheel chair ramps, Phase 2, calling for bids and directing City Clerk to
advertise same."
+83-297 Resolution NO, 10074 "Awarding contract to Valley Slurry Seal Company
for the heater-scarification and slurry seal treatment on certain streets, Phase 2,
and authorizing execution thereof."
*83-298 Resolution No. 10075 "Awarding contract to Dawson and J.R.'s Construction, Inc.
for minor street patching with asphalt concrete for the Fiscal Year ending June 30,
1984 and authorizing execution thereof."
June 21, 1983
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*83-299 Resolution No. 10076 "Awarding contract to George Jardin for the repair
Of Portland cement concrete sidewalk, curb, and driveway for the Fiscal Year
ending June 30, 1984 and authorizing execution thereof."
+83-300 Resolution No. 10077 "Awarding contract to 8EPCO, Inc' for the installation
of house laterals for the Fiscal Year ending June 30, 1984 and authorizing execution
thereof."
+83-301 Resolution No. 10078 "Authorizing execution of agreement with California
Conservation Corps for grant of funds from Park Restoration & Urban Reforestation
Program."
*83-302 Resolution NO, 10079 "Providing for the amount per diem for officers
and employees of the City of Alameda for traveling expenses."
FINAL PASSAGE OF ORDINANCES
*83-303 Ordinance NO, 2135, New Series "An Ordinance of the City Council of
the City of Alameda approving and authorizing execution of Lease Purchase Agreement
with Association of Bay Area Governments."
*83-304 Ordinance No. 2136, New Series "Amending the Alameda Municipal Code
by Amending Section 17-432 thereof relating to stop signs on Taylor Avenue at
Fifth Street and on Maitland Drive at its intersection with Mecartney Road and
Melrose Avenue."
*83-3O5 Ordinance No. 2137, New Series "Amending the Alameda Municipal Code
by adding Section 17-3312 thereto to restrict parking in designated taxicab
stands."
BILLS
*83-300 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of S158,857,64,
RETURN TO REGULAR AGENDA
HEARINGS
83-307 Hearing to review the amended Alameda Marina Village Urban Development
Action Grant (UDAG) application.
The City Manager noted that the new grant which will be submitted is approximately
S2,300,000 and pertains to Phase 1 of the Alameda Marina Village Development.
President Diament explained the procedures to be used in the hearing, and on
the call for proponents, Margaret Kroboth, 1205 Lincoln Avenue, spoke.
On the call for opponents, the following persons spoke:
Fred Scullin, 1120 Chestnut
William Hillery, 060 Westline Drive
President Diament ordered the public portion of the hearing closed.
President Diament requested the City Attorney to comment on a concern expressed
by one of the speakers that use of UDAG funds for the project was a violation
Of the City Charter.
June 2l, l983
The City Attorney stated that question is being reviewed by bond counsel, and
they have assured him they would have a validating procedure in Superior Court
to obtain a Judicial reading on the Charter Amendment.
Councilmember Lucas stated that the issue should be clarified first.
After further discussion, Councilmember Hanna made a motion, seconded by Councilmember
Gorman, that the applicable resolution be considered at this time; the motion
carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Monsef,
and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None.
RESOLUTIONS
83 -308 Resolution No. 10080 "Authorizing the filing of a revised Urban Development
Action Grant Application on behalf of the Alameda Marina Village Associates
Proposal."
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, and President Diament - 4. Noes: following Lucas -
1. Absent: None.
HEARINGS
83 -309 Hearing regarding Planning Board recommendation to approve Zoning Amendment
ZA -83 -1 to allow second units with a Use Permit in R -1, One- Family Residence
Districts.
The Planning Director stated that Senate Bill 1534 authorizes cities to provide
for second units in single family multi - family zones and allows cities to pass
ordinances and maintain control. If the City does not adopt an ordinance. Condi-
tional Use Permits would be subject to approval or disapproval in accordance
with standards established in SB 1534.
In response to inquiry of Councilmember Gorman, the Planning Director stated
that in some instances the State law would be more restrictive, for instance
the second units would be limited within the original structure.
After discussion, Councilmember Gorman made a motion, seconded by Councilmember
Hanna, that the applicable ordinance be considered at this time; the motion
carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
83 -310 Ordinance No. , New Series "Amending the Alameda Municipal Code
by amending Section 11 -133 (3) relating to the addition of second units in R -1,
One Family Residence Districts."
Councilmember Gorman made a motion that the ordinance be introduced and staff
directed to make amendments for the same requirements as the State where they
make it more difficult to install second units.
Councilmember Lucas offered an amendment to the ordinance, accepted by Councilmember
Gorman, that a section be added to the proposed ordinance to state that this
ordinance contains additional requirements to those provided in State statutes.
June 21, 1983
Councilmember Monsef seconded the amended motion; the motion carried by the
following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 5. Noes: None. Absent: None.
APPEALS
83-311 From D. Susan Keller, California Counseling Associates, Inc., appealing
the Planning Board decision in denying application for Use Permit for Professional
Counseling Offices at 629 Santa Clara Avenue.
The Planning Director stated that the matter is an appeal against the Planning
Board decision in denying the Use Permit, and there were a number of residents
who spoke in opposition to granting the permit and expressed concerns regarding
parking and traffic at the Planning Board meeting.
At the request of President Diament, the City Attorney explained that the Council
reviews the record and may decide they do not wish to entertain the appeal, and
if the appeal is heard, no new evidence is allowed.
Councilmember Lucas made a motion that the appeal be denied; the motion FAILED
for lack of a second.
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that interested
parties be allowed to speak; the motion carried by unanimous voice vote - 5.
The following persons spoke in favor of granting the Use Permit:
Susan D. Keller, California Counseling Associates, Inc.
Nancy L. Gardino, California Counseling Associates, Inc.
Gretchen MUDSey, 108 San Diego Road
Dr. Mary Denton, ASSIST
Thomas M. Berkley, U.S, Navy, Pediatrics
William Thomas, l5l8-G, Pearl Street
Anthony Martinelli, 1819 Mason Street
Betty Ruark, 2163 Alameda Avenue
Susan Foulkes, 2005 Alameda Avenue
John Woollems, 517 Baywood Road
Pamela Clark, U.S. Navy - Pediatrics
The following persons spoke in opposition to granting the Use Permit:
Johanna Pisor, 629 Santa Clara Avenue, #A Scott Stuart, 631 Santa Clara Avenue
Briene de Baare, 2137 Otis
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the
action of the Planning Board be sustained and the appeal denied.
President Diament stated she was in favor of the appeal as the appellant was
providing a much needed service.
The motion carried by the following roll call vote: Ayes: Councilmembers Hanna, Lucas,
and Monsef - 3. Noes: Councilmember Gorman and President Diament - 2. Absent: None.
President Diament stated that the resolutions appointing members to the Building
Code of Appeals would be considered at this time.
RESOLUTIONS
83 -312 Resolution No. 10081 "Appointing Josephine Bixler a Member of the Build-
ing Code Board of Appeals."
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, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
The Clerk administered the Oath of Office to Mrs. Bixler.
83 -313 Resolution No. 10082 "Appointing Neil G. Coe a Memaber of the Building
Code Board of Appeals."
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, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None. The Clerk administered the Oath of Office to Mr. Coe.
REPORTS AND RECOMMENDATIONS
83 -314 From Finance Director regarding status of property tax distribution
formula.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
report be accepted; the motion carried by the following vote: Ayes: Councilmember
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
RESOLUTIONS
83 -315 Resolution No. 10083 "Appointing the Formation Committee for the Certified
Development Corporation in the City of Alameda."
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the
resolution be adopted and the following persons submitted by the Economic Development
Committee appointed and Councilmember Hanna designated as a member with Councilmember
Gorman as an alternate; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
Don Dukes
Don Gehb
Minnie S. Ruth
Toni Seelenbacher
Oscar Barry
Lou Fore
Miriam Pagano
Mike Zieman
83 -316 Resolution No. 10084 "Approving Public Utilities Board action authorizing
execution of Interconnection Agreement between Northern California Power Agency
and Pacific Gas and Electric Company."
Councilmember Monsef made a motion, seconded by Councilmember Gorman, the resolution
be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
June 21, 1983
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83-317 Resolution No. 10085 "Authorizing execution of agreement with Oakland
Scavenger Company in connection with settling financial policies in relation
to use of the Alta000t landfill by the City and County of San Francisco and
Sanitary Fill Company."
Fred Scullin, 1120 Chestnut, suggested the agreement be amended and a check
be made of material deposited by San Francisco.
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, Lucas, Monsef, and President Diament - 5. Noes: N0D8, Absent:
None.
83-318 Resolution No. 10086 "Authorizing execution of agreement between the
City and Alameda West Lagoon Homeowners Association and American Lake and Canal
Company for water management services for the Alameda South Shore Lagoon."
Councilmember Hanna stated that he would abstain from discussion and voting
On the resolution.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Lucas, Monsef, and President Diament - 4. Noes: None. Abstaining:
Councilmember Hanna - 1. Absent: None.
83-319 Resolution No. 10087 "A Resolution of preliminary determination and
of intention to make acquisitions and improvements - Harbor Bay Business Park
Assessment District 83-1."
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, Lucas, Monsef, and President Diament - 5. Noes: None, Absent:
None.
83-390 Resolution No. 10088 "A Resolution appointing Engineer and Attorneys -
Harbor Bay Business Park Assessment District 83-1.x
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, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
NOne,
83-321 Resolution N0, 10089 "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 - Harbor Bay Business Park Assessment District 83-1.x
The Public Works Director noted two corrections as follows: 1) Assessment
Diagram shows dotted line with Harbor Bay Isle Parkway ending a portion of the
way through the parcel and should show the street continuing and ending shortly
beyond parcel; and 2) The Assessment Page should be 51,366,000 rather than
51336,000. (A corrected copy is on file in Office of City Clerk.)
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, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
June 21, 1983
83-322 Resolution No. 10090 "A Resolution approving Plans and Specifications, call-
ing for sealed proposals and fixing liquidated damages for failure to complete
the work within time specified - Harbor Bay Business Park Assessment District
83-l."
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, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None
INTRODUCTION OF ORDINANCES
83-323 Ordinance No. , New Series "Amending the Alameda Municipal Code
by adding Chapter 11 to Title X thereof to require Automatic Fire Extinguishing
Systems for fire protection in certain buildings."
The following persons spoke in opposition to the ordinance, and a continuance
was requested:
John Erving, Alameda Marina Village Associates
Norman Kornsund, Schirmer Engineering Corporation
Thomas Dusza, Schirmer Engineering Corporation
Peter Muller, Associated General Contractors of California (filed a letter dated
June 21, 1983\
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
ordinance be introduced.
Councilmember Hanna stated that one meeting was not sufficient to address the
ordinance and suggested the ordinance be held over and the Fire Department meet
with persons in opposition to discuss their points of view.
The motion carried by the following vote: Ayes: Councilmembers Gorman, Lucas,
Monsef, and President Diament - 4. Noes: Councilmember Hanna - 1. Absent:
None.
83-324 Ordinance No. , New Series "Amending the Business License Tax of
the City of Alameda relating to Television Subscription Service.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
ordinance be introduced; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: NOOe, Absent:
None.
In response to request of the City Attorney, Councilmember Gorman made a motion,
seconded by Councilmember Lucas, that the recent Court decision involving Premier
Communications be appealed; the motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes:
None. Absent: NOOB,
83-325 Ordinance No. , New Series "Amending the Alameda Municipal Code
by repealing Sections 18-521 through 18-525 relating to pinball machines; amending
Section ll-l4E2/h\ and adding Section ll-l4E2(i) relating to adult entertainment;
and adding Sections ll-14Fl through ll-14F16 relating to game machines."
June 21, 1983
The following persons spoke in support of the ordinance:
Deanna Johe, 3258 Ravens Cove Lane
Lawerence Lockwood, 2317 Central Avenue
Anthony Martinelli, 1819 Nason Street
The following persons spoke in opposition to the ordinance:
Allen Michaan, 1601 Central
William Hillery, 660 Westline Drive
Patricia McCoy, 2235 Lincoln Avenue, #204
Richard Martin, 1700 Pearl Street
Lisa Hempy, 1003 Central Avenue
Councilmember Gorman stated that concern had been expressed regarding a possible
conflict of interest due to a proposed incorporation, and he read and filed
a letter dated June 21, 1983, relative to that matter.
The City Attorney summarized three amendments proposed by Councilmember Lucas,
and stated they were basically the same as the ordinance submitted by the Planning
Board only in a preferable form.
Councilmember Lucas made a motion to revise the final draft of the ordinance
with the proposed amendments; the motion FAILED for lack of a second.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, to introduce
the0rdinanCe attaohedt0 the memorandum from the City Attorney dated June 20,
1983 with the addition under Section l4Fl3 of the wording "In each place where
there are fifteen game machines or more, an employee shall be assigned as an
attendant while game machines are in use."
President Diament and Councilmember Lucas spoke in support of adding the limitation
that fifteen or more machines shall not be permitted within five hundred feet
Of any residentially zoned district back into the ordinance.
At the request of Councilmember Gorman, the City Attorney summarized the motion
as follows: 1) No arcade operations only in businesses that have other activities
and only in commercial areas or cases where they are already in operation, such
as Mel/5 Bowl; 2) Larger establishments must be 300 feet apart; and 3) Includes
restricted hours of use and four or more machines must have Planning Board approval.
The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna,
and Monsef - 3. Noes: Councilmember Lucas and President Diament - 2. Absent:
None
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
meeting be extended to 12:30 a.m.; the motion carried by unanimous voice vote -
5
FINAL PASSAGE OF ORDINANCES
83-326 Ordinance No. 2138, New Series "Amending the Alameda Municipal Code
by adding Article 3 to Chapter 5 of Title XVI and by adding Article 4F to Chapter 1
Of Title XI thereof relating to Firing Ranges."
Norman W. Lynds, 1142 Marianas Lane, suggested amendment of some of the definitions.
June 21, 1983
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the
ordinance be finally adopted; the motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes:
None. Absent: None.
83-327 Ordinance NU, 2139, New Series "An Ordinance permitting limited transfer
of Cable Franchise for purposes of bringing in limited partners only to finance
the construction of the Alameda System."
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
ordinance be finally adopted; the motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes:
None. Absent: None.
NEW BUSINESS
83-328 Adjournment of meeting to Tuesday, June 28, 1983, at 7:30 p.m.
President Diament stated that the meeting would be adjourned to June 28, 1983,
at 7:30 P.M.
83-329 William Hillery, 050 Westline Drive, referred to the invalidation of Measure I
by a Superior Court Judge and recommended the Council appeal.
The following persons spoke in opposition to appealing the decision of the Judge
relative to Measure I.
Lois Pryor, 1814 Clinton Avenue
Helen Dodt, 1723 Chapin Street
Deanna Johe, 3258 Ravens Cove Lane
Councilmember Hanna read a position reflecting a consensus of Council that the decision
invalidating Measure I not be appealed and approving the Housing Assistance Plun,
Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the Council
not appeal the decision of the Judge invalidating Measure I; the motion carried
by the following vote; Ayes: Councilmembers Gorman, Hanna, and President Diament - 3.
Noes: Councilmembers Lucas and Monsef - Z. Absent: None.
83-330 President Diament made the following appointments and designations:
Patricia Winkenbach and Alice Wistort to Rent Review Advisory Cmnmittee,
Councilmember Lucas to the Alameda County Training & Employment Board/AssociatedCommunity
Action Program with Councilmember Monsef as alternate.
President Diament to Solid Waste Management Board with Councilmember Monsef as
alternate.
Councilmember Hanna to Associated Bay Area Government Board with Councilmember Gorman
as alternate.
President Diament to serve as Ex-officio Member of Golf Commission.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
appointments and designations be approved; the motion carried by the following
vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament -
5. Noes: None, Absent: None.
June 21, 1983
1 3 9
93-331 Councilmember Hanna stated that he was opposed to a Councilmember sitting
as an Ex-Officio Member on only one Commission and requested the City Attorney
to prepare an ordinance eliminating the Ex-Officio Member on the Golf Commission.
FILING
83-332 Agreement with Oakland Scavenger Company in relation to use of Altamont
landfill by City and County of San Francisco and Sanitary Fill Company.
Agreement between the City and Alameda West Lagoon Homeowners Association
and American Lake and Canal Company for water management services for Alameda
South Shore Lagoon.
Modification to Emergency Ambulance Service Program Agreement with Alameda
County.
Plans and Specifications for wheel chair ramps.
Agreement with California Conservation Corps for grant of funds from Park
Restoration & Reforestation Program.
Plans and Specifications - Harbor Bay Business Park Assessment District 83-1.
ADJOURNMENT
There being no further business to come be ore the meeting, President Diament ordered
the meeting adjourned to June 28, 1983, at 7:30 p.m. at 12:30 a.m. The next Regular
Council Meeting will be held Tuesday, July 5, 1983, at 7:30 p.m.
Respectfully submitted,
DEEN SPEE
City Clerk
June 21, 1983