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1982-08-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - AUGUST 3, 1982 The meeting convened at 7:30 p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Diament. The Invocation was given by Rev. James Oldham, First Baptist Church. ROLL CALL: Present: Councilmen Diament, Gorman, Stone, and President Corica - 4. Absent: Councilman Sherratt - 1. MINUTES Councilman Diament made a motion, seconded by Councilman Gorman, that the Minutes of the Regular Council Meeting of July 6, 1982, be approved as submitted; the motion carried by unanimous voice vote - 4. WRITTEN COMMUNICATIONS 82-495 From Pattianne N. Parker, League of Women Voters, regarding 1982-83 study Of present and possible sources and uses of City finances. Councilman Stone made a motion, seconded by Councilman Gorman, that the communication be accepted and staff directed to cooperate with the League as to information and referral; the motion carried by unanimous voice vote - 4. 82-496 From Su Schlagel, Parade Chairman, requesting payment of 8166.40 for remainder of costs relative to the Mayor's 4th of July Parade and consideration of budgeting for the Parade in the future. President Corica expressed appreciation to Samuel and Helen Sause for a $10,00 donation recently received toward costs for the Parade. Councilman Diament made a motion, seconded by Councilman Gorman, that the remaining deficit of S156.40 be paid from the Contingency Fund; the motion carried by unanimous voice vote - 4. 82-497 From Assemblyman Larry Stirling, Seventy-Seventh District, regarding proposals to amend Article IV, Section 12 (c) of the State Constitution, which stipulates that the Legislature must finalize the budget by June 15 of each year. Councilman Stone made a motion, seconded by Councilman Gorman, that the communication be accepted and staff directed to prepare a communication to Assemblyman Stirling supporting early finalization of State budget and concern regarding State sharing part of budget burden; the motion carried by unanimous voice vote - 4. REPORTS AND RECOMMENDATIONS 82-498 From President of Social Service Human Relations Board requesting that a Joint Meeting be scheduled with the Council August 17, 1982. Councilman Diament made a motion, seconded by Councilman Gorman, that the request to schedule a Joint Meeting August 17, 1992, be approved; the motion carried by unanimous voice vote - 4. August 3, 1982 82 -499 From City Manager submitting proposed bylaws for the Senior Center Nonprofit Corporation. The City Attorney recommended that the last portion of Section 8 under Article IV be moved to Section 1, Article V, as it was more appropriate. Councilman Diament made a motion, seconded by Councilman Gorman, that the bylaws be amended as recommended by the City Attorney and approved; the motion carried by unanimous voice vote - 4. 82 -500 From Public Works Director regarding Phase II, Beach Replenishment Project. Councilman Diament made a motion, seconded by Councilman Gorman, that the report be approved; the motion carried by unanimous voice vote - 4. 82 -501 From Public Works Director concerning Street Pavement Management Program. Councilman Gorman made a motion, seconded by Councilman Diament, that the report be accepted and the Program adopted; the motion carried by unanimous voice vote - 4 RESOLUTIONS 82 -502 Resolution No. 9848 "Establishing policy on nomination of future members of the Board of Directors of the Senior Center Nonprofit Corporation and defining the roll of the ex- officio member." Councilman Stone made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. 82 -503 Resolution No. 9849 "Approving the application for grant funds under the Roberti - Z'Berg Urban Open -Space and Recreation Program for Washington Park Area A rehabilitation." Councilman Diament made a motion, seconded by Councilman Gorman, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1 82 -504 Resolution No. 9850 "Resolution of the City Council of the City of Alameda changing the name of Windwood Road to Clipper Drive." Councilman Stone made a motion, seconded by Councilman Gorman, the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1 82 -505 Resolution No. 9851 "Adopting Specifications for furnishing to the City of Alameda one van vehicle for the Police Department, calling for bids and direct- ing City Clerk to advertise same." Councilman Diament made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. August 3, 1982 82 -506 Resolution No. 9852 "Approving Final Map of condominium subdivision known as Tract 4815 and approving cash deposit as to sufficiency (Condominium conversion - 2065 Encinal Avenue - John Barni, Jr., Subdivider)." Councilman Stone made a motion, seconded by Councilman Gorman, that the resolution be adopted and directed staff to prepare a report as to whether it would be feasible to require prior City approval of sale of units in larger developments; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. 82 -507 Resolution No. 9853 "Approving Final Map of condominium subdivision known as Tract 4796 and approving cash deposit as to sufficiency (Condominium conversion - 1433 -1437 Morton Street - John Barni, Jr., Subdivider)." Councilman Diament made a motion, seconded by Councilman Gorman, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1 82 -508 Resolution No. 9854 "Approving Final Map of subdivision known as Tract 5016 (1925 Union Street - Listo Pencil Corporation, Owner)." Councilman Diament made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Stone, and President Corica - 3. Noes: None. Abstaining: Councilman Gorman - 1. Absent: Councilman Sherratt - 1. 82 -509 Resolution No. 9855 "Authorizing execution of agreement for construction and completion of improvements in connection with subdivision Tract 5016 and approving bonds as to sufficiency (1925 Union Street - Listo Pencil Corporation, Owner)." Councilman Diament made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Stone, and President Corica - 3. Noes: None. Abstaining: Councilman Gorman - 1. Absent: Councilman Sherratt - 1. 82 -510 Resolution No. 9856 "Authorizing execution of Addendum #1 to Joint Exercise of Powers Agreement for the Bay Area Library and Information System relative to designation of a Treasurer and Auditor." In response to inquiry of Councilman Stone as to whether a member of City staff would be considered for designation as Treasurer and Auditor, the City Manager said that he would investigate. Councilman Diament made a motion, seconded by Councilman Gorman, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1 82 -511 Resolution No. "Recinding Resolution No. 9759, adopted June 1, 1982, which approved General Plan Amendment 82 -2 by amending the Combined Land Use Plan of the General Plan of the City of Alameda by changing the land use designation from single family to special single family for 716 Central Avenue." The City Attorney noted a Judge had issued a preliminary injunction against recinding the General Plan Amendment and would make a final judgment August 6, 1982. He recommended the Council take no action. August 3, 1982 President Corica recommended the Council act after the Judge has made his final decision August 6, 1982. Karin Lucas, 415 Taylor, spoke in support of recinding the General Plan Amendment of placing the issue on the ballot. After further discussion, Councilman Gorman made a motion, seconded by Councilman Stone, that the foregoing resolutions and the following related resolutions be held over until after the Judge makes a final decision, August 6, 1982; the motion carried by unanimous voice vote - 4. 82 -512 Resolution No. "Calling a Special Election in the City of Alameda for the purpose of submitting to the electors the question "Shall City of Alameda Resolution No. 9759, adopted by the City Council of the City of Alameda on June 1, 1982, and entitled 'Amending the Combined Land Use Plan of the General Plan of the City of Alameda to change the land use designation from single family to special single family for 716 Central Avenue' be recinded in its entirety "; fixing the date of said election, the manner of holding same, and providing for notice thereof; and consolidating said Special Election with the General Election of the State of California to be held on Tuesday, November 2, 1982." 82 -513 Resolution No. "Stating and requesting consolidation of a Special Municipal Election to be held Tuesday, November 2, 1982, with the State of California General Election to be held November 2, 1982. (Repealing City of Alameda Resolution No. 9759)." (Note to record: The three foregoing resolutions were not considered by Council subsequent to this meeting pursuant to a permanent injunction filed August 6, 1982, United States District Court - Northern District of California.) 82 -514 Resolution No. 9857 "Amending Resolution No. 9633 authorizing the issuance of bonds for the purpose of financing construction of facilities by Encinal Industries, Inc." Councilman Gorman made a motion, seconded by Councilman Diament, the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1 FINAL PASSAGE OF ORDINANCES 82 -515 Ordinance No. 2102, New Series "Amending various sections of Title XVII of the Alameda Municipal Code to establish Fernside Boulevard from Encinal Avenue to Otis Drive as a through route and Fernside Boulevard and Encinal Avenue as a four -way stop intersection; to change maximum parking from one hour to 30 minutes for three spaces on the east side of Park Street south of Central Avenue." Councilman Diament made a motion, seconded by Councilman Stone, that the ordinance be finally adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. 82 -516 Ordinance No. 2103, New Series "Determining and declaring the need for the Community Improvement Commission to function in the City of Alameda and declaring the City Council of the City of Alameda to be the Improvement Commission." August 3, 1982 Councilman Stone made a motion, seconded by Councilman Diament, that the ordinance be finally adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Stone, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. UNFINISHED BUSINESS 82 -517 President Corica nominated Anthony R. Martinelli as a Member of the Social Service Human Relations Board. The nomination was seconded by Councilman Diament and carried by unanimous voice vote - 4. 82 -518 Councilman Stone requested a report from Public Works Director be agendized for August 17, 1982, regarding Traffic Advisory Committee review of renting parking meters. 82 -519 President Corica expressed concern that the East Bay Regional Park District and Bay Conservation Development Commission are endeavoring to obtain Alameda Disposal Site land for recreational purposes and stated that it should be retained as revenue might be derived at a future date. The City Manager stated a report on the issues relative to uses for the Alameda Disposal Site would be on the agenda of September 7, 1982. BILLS 82 -520 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S190,634.95 by motion of Councilman Stone, second of Councilman Diament and unanimous voice vote - 4. FILING 82 -521 Specifications for van vehicle. Agreement relative to Tract 5016 Addendum #1 to Joint Powers Agreement for the Bay Area Library and Information System. ORAL COMMUNICATIONS, GENERAL 82 -522 In response to a suggestion of Fred Scullin, 1120 Chestnut Street, that City, School District, and Bureau of Electricity equipment be surveyed and possibility of an agreement on common use of the equipment, the City Manager stated that Alameda currently shares with other cities, and it would be a good idea to investigate sharing with the Bureau of Electricity and School District. ADJOURNMENT 82 -523 Councilman Gorman made a motion, seconded by Councilman Stone, that the Council adjourn to an Executive Session for discussion of personnel and litigation matters; the motion carried by unanimous voice vote - 4. At the conclusion of discussion, it was determined that no action would be taken at this time. There being no further action to come before the Council, the meeting adjourned at 9:35 p.m., to assemble in regular session August 17, 1982, at 7:30 p.m. Respectfully submitted, /C DEEN SPEEGLE, Ci;ty Clerk August 3, 1982