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1984-06-07 Regular CC MinutesREGULAR ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 7, 1984 The meeting convened at 7:45 p.m. (at the conclusion of the Community Improvement Commission Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Gorman. The Invocation was given by Rev. Wally Riches, Twin Towers Methodist Church. ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 1. Absent: None. MINUTES Councilmember Monsef made a motion, seconded by Councilmember Hanna, that the Minutes of the Regular Council Meetings of April 3 and 17, 1984, and Special Council Meeting of April 24, 1984, be approved as submitted. President Diament stated that she would abstain from voting on the Minutes of April 3, 1984, as she had not been present at the meeting. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, and Monsef - 4. Noes: None. Abstaining: President Diament - 1. Absent: None. CONSENT CALENDAR President Diament announced that the ordinance relative to establishment of a "No Parking" Zone in front of the Pacific Gas and Electric Company had been withdrawn at the request of Pacific Gas and Electric Company. Councilmember Lucas 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 with an asterisk (*). REPORTS AND RECOMMENDATIONS *84-513 From Public Works Director recommending acceptance of work by P & F Construction for the construction of Wheelchair Ramps, Phase 3, No. P.W. 12-83-21. Approved. *84-514 From Public Works Director recommending acceptance of work by 0.C. Jones & Sons for the reconstruction of Brush Street east of Third Street, No. P.W. 11-83-19. Approved. *84-515 From Public Works Director and Fire Chief submitting status report on State-Mandated Fire Safety and Exit Program, Title 24, Article 7, of California Administrative Code. Approved. RESOLUTIONS *84-516 Resolution No. 10334 "Awarding contract to Mountain Cascade, Inc. for con- struction of Harbor Bay Business Park Major Storm Drain Outfall and authorizing execution thereof." Adopted. June 7, 1984 *84 -517 Resolution No. 10335 "Awarding contract to Oliveira Fence, Inc. for Harbor Bay Business Park fence construciion and authorizing execution thereof." Adopted. *84 -518 Resolution No. 10336 "Approving Final Map of subdivision known as Tract 5219 and accepting certain easements and rights of access (A Residential Subdivision Project on Bay Farm Island at Brittany Landing, Ponderosa Homes, Subdivider)." Adopted. *84 -519 Resolution No. 10337 "Approving Final Map of subdivision known as Tract 5220 and accepting certain easements and rights of access (A Residential Subdivision Project on Bay Farm Island at Brittany Landing, Ponderosa Homes, Subdivider)." Adopted. *84 -520 Resolution No. 10338 "Authorizing execution of agreement for construction and completion of improvements in connection with subdivisions 5219 and 5220 ad approving bonds as to sufficiency (Brittany Landing, Ponderosa Homes, Subdivide Adopted. *84 -521 Resolution No. 10339 "Adopting Relocation Assistance Policy for local residents temporarily or permanently displaced as a result of CDBG- funded activities." Adopted. *84 -522 Resolution No. 10340 "Authorizing execution of grant agreement with Alameda Main Street Project, Inc. for the provision of education, outreach and technical assistance services associated with commercial revitalization and historic preservation." Adopted. *84 -523 Resolution No. 10341 "Requesting a grant in the amount of $345,751 from the Department of Boating and Waterways for the improvement of a Boat Launching Facility at the Alameda Park Launching /Fishing Facility (Encinal Boat Ramp)." Adopted. INTRODUCTION OF ORDINANCES *84 -524 Ordinance No. , New Series "Amending Title XVII of the Alameda Municipal Code to establish a "No Parking" Zone in front of the Pacific Gas and Electric Company Office at 2510 Santa Clara Avenue." Withdrawn. *84 -525 Ordinance No. , New Series "Authorizing execution of agreement between Board of Supervisors of the County of Alameda and the City of Alameda relative to purchase by City of the State's title to tax deeded property within the City pursuant to Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code of the State of California and authorizing expenditure of monies from the General Fund Contingency Account for said purchase." Introduced. BILLS *84 -526 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S1,274,355.40. RETURN TO REGULAR AGENDA June 7, 1984 WRITTEN COMMUNICATIONS 84-527 From Gerhard W. Degemann, Treasurer, Historic Alameda High School Foundation, submitting request of Board of Directors for the first available Alameda Flag to display in the Kofman Auditorium. Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the Historic Alameda High School Foundation be allowed to display the second flag as the first will be flown at City Hall; the motion carried by unanimous voice vote - 5. Councilmember Lucas expressed appreciation to the Historic Alameda High School Foundation for displaying the flag entries. 84-528 From Dividend Development Corporation, signed by Sheila Daly, requesting a plan check extension to complete Clipper Cove, Tracts 4361, 4307, and 4120. President Diament announced that the item had been withdrawn at the request of the developer. 84-529 From Captain J. Paul Gutleben requesting to express opposition to the report from Police Chief dated May 4, 1984. Captain Gutleben, Golden Gate Water Ski Club, spoke in opposition to expending funds for a patrol boat and expressed concerns regarding speed enforcement and the effect on water skiers. The following persons spoke in support of his position: Ken Gutleben, 3021 Thompson Avenue Mark Betz, 1300 Mound Street Bruce Neves, 3128 Marina Drive Mark Gutleben, 1308 Santa Clara Avenue Bing Seto, 904 Otis Drive David Madison, 1514 9th Street The following persons spoke in support of acquiring a patrol boat: Don Anderson, Harbor Master, Ballena Bay Mae Ashton, 2063 Pacific Ian Roger, 340 Tideway Drive Councilmember Hanna recommended Captain Gutleben and other interested parties meet with Police Department staff so they will be aware of their point of view. The City Manager stated that he would arrange a meeting. Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the resolution authorizing purchase of a patrol boat be considered at this time; the motion carried by unanimous voice vote - 5. RESOLUTIONS 84-530 Resolution No. 10355 "Authorizing open market purchase of a patrol boat for the Police Department of the City of Alameda." June 7, 1984 Councilmember Hanna 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. HEARINGS The Planning Director recommended that the following two hearings be considered together. 84 -531 Hearing regarding General Plan Amendment, GPA -84 -3, for the Alameda Gateway Ltd. Project at 2900 Main Street. 84 -532 Hearing regarding rezoning, R -83 -5, for the Alameda Gateway Ltd. Project, 2900 Main Street. The Planning Director stated that the Military designations in the General Plan and Zoning Ordinance for the above property were in error, and the property had never been used for that purpose. He further stated that the Planning Board had approved the proposed changes. President Diament explained procedures to be used in the hearing. On the call for proponents, John Beery, the developer, spoke in support of the proposed changes. On the call for opponents, Peter Wang, Encinal Industries, spoke in opposition to the proposed changes. President Diament ordered the hearing closed. Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the applicable resolutions be considered; the motion carried by unanimous voice vote - 5 RESOLUTIONS 84 -533 Resolution No. 10343 "Certifying Final Environmental Impact Report for the General Plan Amendment and rezoning for the Alameda Gateway Property located at 2900 Main Street (commonly known as Todd Shipyard)." Councilmember Monsef made a motion, seconded by Councilmember Lucas, 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. 84 -534 Resolution No. 10344 "Amending the Combined Land Use Plan of the General Plan of the City of Alameda to change the land use designation of that property commonly known as Todd Shipyard, located at 2900 Main Street, from Light Industrial and Military Installations to Heavy Industrial." Councilmember Gorman made a motion, seconded by Councilmember Hanna, 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. June 7, 1984 Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the applicable ordinance be considered at this time; the motion carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 84 -535 Ordinance No. , New Series "An ordinance reclassifying and rezoning certain property within the City of Alameda by amending Zoning Ordinance No. 1277, New Series, Applicant: Alameda Gateway Limited, John Beery, General Partner." 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: None. Absent: None. APPEALS 84 -536 From John Doherty appealing decision of the Traffic Advisory Committee for abatement of vehicles on private property at 855 Cedar Street. Councilmember Lucas made a motion, seconded by Councilmember Hanna, that the decision of the Traffic Advisory Committee be upheld and no further extension to abate the vehicles granted; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 84 -537 From Chairman of Historical Advisory Commission concerning reviewing procedures of Commission transmittals to the City Council. Gary Knecht, Chairman of the Historical Advisory Commission, expressed concern that there had been delays of Commission reports being submitted to the Council after submission to the City Manager. The City Manager stated that sometimes staff work is required to provide backup information to the City Council. Councilmembers Hanna and Gorman expressed support for the current procedure of submitting reports to the City Manager prior to placement on the agenda. Councilmember Monsef stated that he did not think an "Approved for Forwarding" line for the City Manager's signature should be included on reports from Commissions. The City Manager noted that the format for Board and Commission reports is that the signature line state "Forwarded to the City Council." Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the report be accepted and present procedure continued; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, and President Diament - 4. Noes: Councilmember Monsef - 1. Absent: None. Councilmember Lucas suggested that if a report is to be held over to a future agenda that the Council be sent advance copies. The City Manager agreed with the suggestion. June 7, 1984 84 -538 From City Manager concerning possible sale of City -owned property at Otis Drive and Willow Street. Councilmember Hanna made a motion, seconded by Councilmember Monsef, to approve the City Manager's recommendation and offer the property for sale on the open market; the motion carried by unanimous voice vote - 5. 84 -539 From City Manager concerning the position of the City of Alameda on forma- tion of the Joint Training Partnership Act (JTPA). President Diament announced that the report would be withdrawn from the agenda as a Work Session had been scheduled on the subject on Monday, June 11, 1984. 84 -540 From Public Works Director transmitting consultant report for proposal regarding joint project with Aeolian Yacht Club to dredge material to accomplish landfill closure. Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the report be accepted and the recommendation to submit engineering design of the settling ponds to Regional Water Quality Control Board approved; the motion carried by unanimous voice vote - 5. Councilmember Gorman stated he would also like to have more of the channel dredged. RESOLUTIONS 84 -541 Resolution No. 10345 "Commending Reverend Wilfred Hodgkin for his out- standing contributions to the community." Councilmember Monsef made a motion, seconded by Councilmember Hanna, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 84 -542 Resolution No. 10346 "A resolution authorizing execution of agreement for bond counsel services - Alameda Community Improvement Project Assessment District 84 -3." Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 84 -543 Resolution No. 10347 "Amending the 1983 -84 Budget of the City of Alameda." Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None 84 -544 Resolution No. 10348 "Adopting Community Development Plan, Final Statement of Tenth Year Community Development Objectives, Projected Use of Funds and Certifi- cations thereto, and authorizing City Manager to submit same to the United States Department of Housing and Urban Development." Councilmember Lucas expressed concern regarding funds allocated for administrative costs and stated that funding for Webster Street improvements should be increased. June 7, 1984 Councilmember Hanna requested a list of the Board of Directors for the Main Street Project and information as to others who are involved. Richard Roth, President of West Alameda Business Association, spoke in support of the Main Street Program and allocation of additional funds for improvements on Webster Street. In response to inquiry of Gerhard Degemann, Historic Alameda High School Foundation, regarding improvements in the Kofman Auditorium, the Community Development Director stated that Requests for Proposals would be sent to non - profit corporations. James Kennedy, Park Street Business Association, spoke in support of the Main Street Program. Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. 84 -545 Resolution No. 10349 "Authorizing reprogramming of unexpended Eighth Year Funds for architectural barriers removal in City -owned public buildings." Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 84 -546 Resolution No. 10350 "A resolution determining to undertake proceedings for the formation of an Assessment District pursuant to the Landscaping and Lighting Act of 1972 - City of Alameda Island City Landscaping and Lighting District 84 -2." Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 84 -547 Resolution No. 10351 "A resolution appointing attorneys - City of Alameda Island City Landscaping and Lighting District 84 -2." Councilmember Monsef made a motion, seconded by Councilmember Lucas, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 84 -548 Resolution No. 10352 "A resolution of preliminary approval of Engineer's Report - City of Alameda Island City Landscaping and Lighting District 84 -2." Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None 84 -549 Resolution No. 10353 "A Resolution of Intention to order the formation of an Assessment District and the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972 and setting a hearing date of July 3, 1984." Councilmember Hanna expressed concern that the amount of money allowed for maintenance might be too low. Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. June 7, 1984 84 -560 Resolution No. 10354 "Resolution authorizing an amendment to the agreement for services with John Heindel, Engineer (Landscape and Lighting Assessment District). Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. (Resolution No. 10355 regarding the Patrol Boat was passed previously in the meeting, Page 314.) NEW BUSINESS 84 -562 From Councilmember Hadi Monsef recommending a ten -year plan be established for general redevelopment, revitalization and beautification of business districts and residential neighborhoods. After discussion, Councilmember Monsef made a motion, seconded by Councilmember Lucas that staff be directed to develop a ten -year plan for the City of Alameda for redevelopment, revitalization and beautification of business districts and residential neighborhoods. The City Manager recommended staff provide information on structures and processes used by other cities and submit ideas on strategic planning. Councilmember Lucas recommended street cleaning and litter cleanup be included. President Diament recommended inclusion of Capital Improvements, such as the Library and City Hall. It was the consensus of Council that the additional recommendations be addressed; the motion carried by unanimous voice vote - 5. 84 -562a From Councilmember Hadi Monsef suggesting the Council consider a policy to periodically review and evaluate the objectives, performance, effectiveness and efficiency as well as productivity and employment practices of semi - autonomous City agencies. Councilmember Monsef made a motion, seconded by Councilmember Lucas, to adopt the recommendation; the motion carried by unanimous voice vote - 5. Councilmember Gorman suggested the Council have a policy of holding regularly scheduled Work Sessions with semi - autonomous City agencies with established criteria for discussion. The Council agreed by consensus. 84 -563 Councilmember Gorman summarized information derived at a recent National Cable Television Association Conference relative to Cable Television. He stated that HR 4103 would deregulate Cable Television rates but the Bill has a grandfather provision, and the City's franchise fees would be grandfathered. After further discussion, Councilmember Gorman made a motion, seconded by Councilmember Hanna, that staff be directed to: 1) Analyze HR 4103, information provided by Federal Communications Commission (FCC), and components of the Cable Television Franchise; 2) Determine what applies to the penalty provisions and what applies to the Performance Bond; 3) Clarify local origination and access and address copy- right concerns; 4) Insure that studios are accessible to public; 5) Take a look at the School District package; and 6) After completion of installation schedule a hearing, probably the latter part of July; the motion carried by unanimous voice vote - 5. June 7, 1984 84 -564 Councilmember Hanna requested information on the generators that provide backup for Northern California Power Agency. 84 -565 Councilmember Monsef stated that he had heard a rumor that Alameda Hospital is having financial difficulties and might sell the hospital. He suggested the Council offer assistance. Councilmember Gorman recommended a letter be directed to the Alameda Hospital on behalf of the Council expressing their concern and offering assistance. Councilmember Monsef made a motion, seconded by Councilmember Hanna, that the recommendation be approved; the motion carried by unanimous voice vote - 5. UNFINISHED BUSINESS 84,566 Consideration of appointment of one member to the Social Service Human Relations Board. President Diament nominated William T. Power, II for appointment to the Social Service Human Relations Board. The nomination was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. FILING 84 -567 Amendment to agreement with John Heindel, Engineer (Landscape and Lighting Assessment District). Agreement with Board of Supervisors of County of Alameda to purchase the State's title to tax deeded property within the City. Agreement for construction and completion of improvements in connection with subdivisions 5219 and 5220. Grant Agreement with Alameda Main Street Project. Inc. Agreement for bond counsel services - Alameda Community Improvement Project Assessment District 84 -3. ADJOURNMENT 84 -568 Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the 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 meeting, the Council adjourned to Tuesday, June 26, 1984, at 7:30 p.m. The meeting adjourned at 11:40 p.m. Respectfully submitted DEEN SPEEGLE City Clerk June 7, 1984