1984-02-07 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY FEBRUARY 7, 1984
The meeting convened at 7:45 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 Rev. James Oldham, First Baptist
ChUrCh,
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 5.
Absent: None.
MINUTES
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the
Minutes of the Regular Council Meeting of January 3, 1984, be approved as submitted;
the motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
President Diament announced that the report regarding acceptance of work for heater-
scarification and slurry seal treatment on certain streets and the resolution
awarding contract to 0.C. Jones & Sons for reconstruction of Brush Street east
Of Third Street would be withdrawn for consideration later in the meeting.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
remaining items on the Consent Calendar be adopted; 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 (*).
CONSENT CALENDAR
*84-048 From Social Service Human Relations Board requesting a Joint Meeting
be scheduled with the Council Tuesday, February 21, 1084, at 7:30 p.m. Approved.
(Meeting was subsequently changed to 7:00 p.m.)
*84-049 From Secretary of Planning Board recommending a hearing be scheduled
Tuesday, February 21, 1984, at 7:30 p.m. regarding Tentative Map No. 4659, Silva
Farms. Approved.
*84-050 From Public Works Director recommending acceptance of improvements and
release of bond for Tract 4120, Clipper Cove. Approved.
*84-051 From Public Works Director recommending an extension of time of six months,
to April 28, 1984, to complete improvements in Tract 4307, Clipper Cove. Approved.
RESOLUTIONS
*84-052 Resolution No. 10236 "Awarding contract to Dawson & JR's Construction
Company for Lincoln Avenue improvements and authorizing execution thereof."
(No. P.W. 11-83-20\ Adopted.
February 7, 1984
*84 -053 Resolution No. 10237 "Awarding contract to P & F Construction, Inc. for con-
struction of Wheelchair Ramps at various locations, Phase 3, and authorizing execution
thereof." (No. P.W. 12- 83 -21) Adopted.
*84 -054 Resolution No. 10238 "Appropriating $6,195 from fund balance of the Tide-
lands Trust Fund for repairs to the Encinal Boat Ramp." Adopted.
*84 -055 Resolution No. 10239 "Authorizing license agreement with AC Transit
for bus shelter at intersection of Santa Clara Avenue and St. Charles Street near
the Mastick Senior Center." Adopted.
*84 -056 Resolution No. 10240 "Finding and determining a portion of Sea View
Parkway, a public street in the City of Alameda, is unnecessary for present or
prospective street purposes; finding no reservation of easement therein necessary;
ordering the vacation thereof and directing City Clerk to cause certified copy
of this resolution to be recorded." Adopted.
FINAL PASSAGE OF ORDINANCES
*84 -057 Ordinance No. 2178,New Series "Authorizing transfer of certain City -
owned real property to Aeolian Yacht Club, relative to the exchange of real property
for Fernside Extension." Finally adopted.
*84 -058 Ordinance No. 2179,New Series "Authorizing acquisition of certain real
property from Aeolian Yacht Club, relative to the exchange of real peroperty for
Fernside Extension." Finally adopted.
*84 -059 Ordinance No. 2180, New Series "Authorizing execution of agreement with
the Bay Conservation and Development Commission imposing restrictions on the use
of real property, relating to the easement from Bridge View Isle." Finally adopted.
*84 -060 Ordinance No. 2181, New Series "Authorizing grant of easement for public
utility purposes to the Bureau of Electricity, City of Alameda (Easement from
Bridge View Isle)." Finally adopted.
BILLS
*84 -061 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of 51,138,944.25.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
84 -062 From Mayor David W. Smith, City of Newark,urging that the Council request
the County Board of Supervisors to include a sunset provision in the ballot prop-
osition setting an assessment for the County Service Area for Vector Control.
Councilmember Gorman noted that the four -year suggested sunset provision appeared
reasonable and made a motion, seconded by Councilmember Lucas that the communica-
tion be accepted and staff directed to communicate support of the suggested sunset
provision; the motion carried by unanimous voice vote - 5.
February 7, 1984
84 -063 From Joseph M. Sullivan, 3221 Liberty Avenue, regarding placement of ordinances
and resolutions on Council agenda by staff.
Mr. Sullivan requested names of Councilmembers who request legislation be listed
on agenda and that resolutions and ordinances not be placed on agenda by staff.
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that when
ordinances or resolutions are being proposed by a Councilmember that the name
be listed on the agenda.
Councilmember Gorman stated that he wanted staff to place items on the Council
agenda for consideration and did not think it necessary to change current procedures.
The motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas,
Monsef, and President Diament - 4. Noes: Councilmember Gorman - 1. Absent:
None.
84 -064 From George L. Newkirk, 1534 East Shore Drive, requesting the City to
process a lot line adjustment to provide access easement to deep water, fifteen feet
in width, to match his fifteen feet of tidelands.
Dr. Newkirk spoke in support of his request.
Jeff Allen, 1610 Fernside Boulevard, requested denial of the request as it would
affect access to his dock.
After discussion, Councilmember Lucas made a motion, seconded by Councilmember
Monsef, to approve Option No. 1 in the staff report to leave the boundaries as
drawn and deny Dr. Newkirk's request; the motion carried by unanimous voice vote -
5.
REPORTS AND RECOMMENDATIONS
84 -065 From President of Social Service Human Relations Board requesting consideration
of granting Alameda Food Bank a one -year lease at Mastick Senior Center.
The following persons spoke in support of leasing space in the Mastick Senior
Center to the Alameda Food Bank.
Susan Foulkes, President, Social Service Human Relations Board
Rev. John Foley, Alameda Food Bank
Rev. James Oldham, 970 Post Street
Martha Killebrew, Red Cross
Don Bolce, 2017 Central Avenue
The following persons spoke in opposition of leasing space in the Mastick Senior
Center to the Alameda Food Bank:
Charles Tillman, 2415 Roosevelt Drive
William McCall, 1105 Mound Street
Bob Richards, 3011 Thompson
Frank McCormick, 1415 Santa Clara Avenue
President Diament stated that she was in support of the lease to the Alameda Food
Bank and would like the Council to send a recommendation to the Recreation Commission.
February 7, 1984
Councilmember Hanna made a motion to hold the matter in abeyance until the Council
hears from the Recreation Commission.
Further discussion ensued, and the motion was not seconded.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, to request
the Mastick Senior Center to lease a portion of the Center to the Alameda Food
Bank, for the nine hours per week they had indicated they need, for a period of
one year.
Councilmember Lucas noted the Food Bank is a worthy program, but as the seniors
oppose the lease, she felt their wishes should prevail as the Mastick Senior Center
is a senior facility.
The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna,
Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None.
Councilmember Gorman requested staff to provide input relative to the artist and
artist group leasing portions of the Mastick Senior Center and the possibility
of their vacating the facility.
84 -066 From City Manager transmitting report of Dr. Vedros concerning biological
research and storage of toxic wastes.
Dr. Vedros summarized the report and recommended that the City not pass legislation
concerning biological research as legislation exists at the State and Federal
levels.
Fred Scullin, 1120 Chestnut, spoke in opposition to his recommendation.
After discussion, Councilmember Lucas made a motion, seconded by Councilmember
Gorman, that consideration of the matter be discontinued at this time.
Councilmember Monsef stated that he would prefer to delay action until the next
meeting to have an opportunity to study the report further.
Councilmember Lucas offered an amendment to the motion, seconded by Councilmember
Gorman, that if the need arises in the future, the Council reconsider the matter.
The motion as amended carried by the following vote: Ayes: Councilmembers Gorman,
Hanna, Lucas, and President Diament - 4. Noes: Councilmember Monsef - 1. Absent:
None.
Councilmember Lucas requested Dr. Vedros to notify the Council if he becomes aware
of any potential hazard in the City.
President Diament suggested the City join the National Association of Local
Governments on Hazardous Wastes.
In response to inquiry of President Diament, the City Manager stated staff would
provide an overview report regarding transport and storage of hazardous wastes.
84 -067 From Public Works Director submitting Traffic Advisory Committee review
of the following: a) Parking meters in the vicinity of City parks; b) Left -
turn prohibition on Webster Street at Buena Vista Avenue; and 3) Relocation of
#51 and "0" Ac Transit buses from Versailles to Broadway.
February 7, 1984
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Elsie Becker, 2809 Yosemite Avenue, spoke in support of the bus route change.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, to accept
the report and approve the recommendations thereof as follows: 1) Not to install
parking meters in the vicinity of City parks; 2) Retain the existing 3:00 p.m.
to 6:30 p.0, left-turn prohibition for northbound Webster Street at Buena Vista
Avenue and further study the intersection to ameliorate conditions there. In
particular, the feasibility of a left-turn pocket is to be examined, and providing
improved access for bus curbside stopping; and 3) Accept the bus route change
(from Versailles Avenue to 8r0»dway\. It was also recommended to review traffic
safety, generally, on the northerly section of 8rOadwDy,
The motion carried by unanimous voice vote - 5.
CoUDCflN2mberS Lucas and Hanna observed that they had seen cars turning left from
Webster Street onto Buena Vista Avenue during prohibited hours, and the City Manager
stated that he would transmit the information to the Police Department.
84-068 From Public Works Director regarding costs involved in utility underground-
ing on Eighth Street between Central and Portola Avenues and establishment of
an Underground DiStrict,
Councilmember Lucas made a motion, seconded by Councilmember Hanna, to delay a
decision until a policy is established regarding utility uDdergrounding.
In response to inquiry, the City Manager stated that he planned to agendize the
matter of utility undergrounding February 21.
The motion carried by unanimous voice vote - 5.
Councilmember Hanna suggested the corners be rounded right away as that intersection
is difficult for buses, and the City Manager stated staff would look into that
possibility.
President Diu0ent stated that the report withdrawn from the Consent Calendar would
be considered at this time.
84-069 From Public Works Director recommending acceptance of work by Valley Slurry
Seal Co. for heater-scarification and slurry seal treatment on certain streets,
Phase 2, No. P.W. 12-82-19.
Councilmember Monsef noted there had been some problems with the resurfacing and
inquired as to the status.
The Public Works Director noted the problems had been corrected to the satisfaction
of the City Engineer.
Councilmember Monsef made a motion, seconded by Councilmember Hanna, that the
report be accepted; the motion carried by unanimous voice vote - 5.
RESOLUTIONS
84-070 Resolution No. 10241 "Authorizing execution of easement agreement modifying
Use of an existing drainage easement in Bayview Estates to allow United Cable
Television of Alameda, Ltd. to install local Distribution Unit and related appurtenances
in the easement."
February 7, 1984
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the
resolution be adopted; the motion carried by the following vote: Ayes: Council -
members Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None.
Absent: None.
Councilmember Hanna suggested staff check the City facility to see if anything
needs to be done as it might be difficult to enter with heavy equipment. He also
noted there was a missing manhole cover.
The Public Works Director stated he would investigate prior to installation of
the units.
President Diament stated that the resolution withdrawn from the Consent Calendar
would be considered at this time.
84 -071 Resolution No. "Awarding contract to O.C. Jones & Sons for reconstruction
of Brush Street east of Third Street and authorizing execution thereof." (No.P.W.11 -83 -19
Councilmember Hanna inquired regarding how the property owner at the southeast corner
of Brush and Third would pay for the work.
The Public Works Director stated that he had an agreement to pay the City.
Councilmember Hanna stated that additional proceedings would be required prior to
this action if an Assessment District would be established.
The City Attorney recommended the matter be held over for further investigation.
With consent of Council, President Diament so ordered.
FINAL PASSAGE OF ORDINANCES
84 -072 Ordinance No. 2182, New Series "Amending the Alameda Municipal Code by
amending Article 1, Chapter 1, Title VII, and Article 1, Chapter 2, Title XIII,
thereof, relating to Motor Vehicle Carriers and permits."
Carol Hopkins, Good Will Cab Company, spoke on the ordinance and made several
recommendations for changes.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the
ordinance be finally adopted with a modification to require that operators be
required to submit a copy of their Federal Communications Commission (FCC) license
with the application.
Councilmember Lucas requested the requirement for 24 -hour dispatch capability
be included in the ordinance.
Councilmember Hanna requested a fee be established by Police Chief and included
in ordinance, that the word "some person" on page three be changed to "a person"
and that a notice be published when application is made for "Permit to Operate
Public Motor Vehicle."
Councilmember Gorman opposed the requirement that a notice be published as it
would require staff time and was not necessary.
February 7, 1984
Councilmember Lucas withdrew her second to the motion, and Councilmember Gorman
withdrew the motion.
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the ordi-
nance be finally adopted with the following changes: 1) Include 24 -hour dispatch
provision; 2) Fee be established by the Police Chief and included in the ordinance;
3) Word "some person" on page 3 be changed to "a person;" and 4) Requirement
that a notice be published upon application for a permit added.
In response to inquiry, Captain Colvin recommended the fee be established as time
and materials so the ordinance would not have to be changed every time the fees
increase.
Councilmember Hanna amended motion to accept his recommendation, accepted by Councilmember
Lucas, and the motion carried by the following vote: Ayes: Councilmembers Hanna,
Lucas, and Monsef - 3. Noes: Councilmember Gorman and President Diament - 2.
Absent: None.
UNFINISHED BUSINESS
84 -073 Consideration of appointment of Senior Tenant Member to Housing Authority.
President Diament nominated Lawrence J. Belanger for appointment as a Senior Tenant
Member to the Housing Authority.
Councilmember Lucas noted that he had checked on his application that he objected
to a background investigation.
President Diament stated that she would hold over the nomination and requested
the City Clerk to check with Mr. Belanger and determine if he did object to a
background check.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the
meeting be extended to 11:15 p.m; the motion carried by unanimous voice vote -
5
84 -074 Consideration of appointment of one Member to Recreation Commission.
President Diament nominated Frederick W. Leitz, Jr., for appointment to the Recreation
Commission. The nomination was seconded by Councilmember Gorman and carried by
unanimous voice vote - 5.
84 -075 Consideration of appointment of Member to Soecial Service Human Relations Board.
President Diament nominated Phyllis D. Marshall for appointment to the Social
Service Human Relations Board. The nomination was seconded by Councilmember Gorman
and carried by unanimous voice vote - 5.
84 -076 Report from Flag Committee submitting proposed rules for Flag Contest.
Councilmember Lucas summarized the proposed rules for the contest and noted that
various members of community groups have agreed to raise funds for the committee
in an amount up to 53,000.
Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the
proposed rules be approved; the motion carried by unanimous voice vote - 5.
February 7, 1984
84 -080
Councilmember Gorman requested the Council to approve a "Certificate of Appreciation
for Herman Ochoa for an act of heroism relative to a fire on Eagle Avenue on
January 24, 1984.
Councilmember Gorman made a motion, seconded by Councilmember Monsef,to approve
the certificate; the motion carried by unanimous voice vote - 5.
84 -081 President Diament expressed concern that signatures on petitions to place
matters on the ballot are not public information.
84 -082 Councilmember Lucas referred to the Emergency Shelter Facility operated
by United Phillipinos of Alameda and noted that State funds are available to purchase
a facility which would require matching funding. She inquired whether Community
Development funds would be available and stated she would have Mr. Lopezget intouch.
Councilmembers Lucas and Gorman expressed a need for a smoke detector ordinance
for residences.
The City Attorney stated the ordinance would be available for the next meeting.
Councilmember Hanna made a motion, seconded by Councilmember Gorman, to continue
the meeting until 11:30 p.m; the motion carried by unanimous voice vote - 5.
ADJOURNMENT
84 -083 President Diament ordered the meeting adjourned to an 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 meeting, the Council adjourned
at 11:30 p.m. The next Regular Council Meeting will be held Tuesday, February 21,
1984, at 7:30 p.m.
Respectfully submitted,
DEEN SPEEGLE
City Clerk
February 7, 1984