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1982-08-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY AUGUST 17, 1982 The meeting convened at 7:30 p.m. with President Corica presiding. The Pledge of Allegiance was led by Vice Mayor Sherratt. The Invocation was given by Rev. Larry Nelson, Trinity Lutheran Church. ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Absent: None. MINUTES Councilman Gorman made a motion, seconded by Councilman Stone, that the Minutes Of the Regular Council Meeting of July 20, 1982, be approved as submitted; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution appointing a Member to the Social Service Human Relations Board be considered out of sequence at this time; the motion carried by unanimous voice vote - 5. RESOLUTIONS 82-524 Resolution No. 9858 "Appointing Anthony R. Martinelli a Member of the Social Service Human Relations Board." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolu- tion be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. The Clerk administered the Oath of Office to Mr. Martinelli. SPECIAL ORDERS OF THE DAY 82-525 Joint Meeting with the Social Service Human Relations 80ard, Board Members noted present: Board Members Baca, Fong, Foulkes, Johe, Martinelli, Molina, Shahbazian, and President 3eaman, President Seaman summarized activities of the past year and plans for the upcoming year. President Corica expressed appreciation on behalf of the Council for accomplishments during the past year. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and that the Social Service Human Relations Board proceed with their working schedule; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilmen Diament and Stone stated they would vote no on the resolution fixing the rate and levying a tax on all real and personal property in the City of Alameda for Library funds. August 17, 1982 Councilman Sherratt made a motion, seconded by Gorman,that the following items on the Consent Calendar be adopted; the motion carried ` ` the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. Items so enacted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS +82-526 From Public Works Director recommending an extension of time of two years, to August 21, 1984, to complete improvements for Tract 3810 (HBI Villages 1, 3, 4). Approved. ' ' +82-527 From Public Works Director recommending an extension of time of 18 months to February 5, 1984, to complete improvements for Tract 4270 /2900 Central AYeDU2\. Approved. Avenue). From Public Works Director recommending an extension of time of two years, to September 4, 1984, to complete improvements for Tract 4288 (HBI Village 4 north)." Approved. ' ' *82-529 From Director of Recreation and Parks recommending purchase of a Greenmaster 3 Mower from Westoro Inc., for the sum of 8,162,16 including tax. Approved. RESOLUTIONS *82-530 Resolution No. 9859 "Authorizing increase in amount of Imprest Account of the Self-insured Workers' Compensation Program for the City and Bureau of EleCtriCjtv." Adopted. Electricity." Resolution No. 9800 "Authorizing execution of agreement with Pacific Gas & Electric Company for construction of a main to provide utility for Harbor Bay Parkway - Assessment District 81-1." Adopted. ' *82-532 Resolution No. 9861 "Authorizing execution of agreement with East Bay Municipal Utility District for modification of water service in the Maitland Drive Assessment District 82-1,n Adopted. *92-533 Resolution No. 9862 "Fixing the rate and levying a tax on all real and Personal property in the City of Alameda for Library funds." (Councilmen Diament and Stone voted "No.") Adopted. *82-534 Resolution No. 9863 "Authorizing reprogramming of unexpended Second and Third Year Community Development Block Grant Entitlement Funds in the amount of �45,845 to Economic Development Activities." Adopted. +82-535 Resolution No. 9864 "Adopting Plans and Specifications for painting and decorating of portions of City Hall, calling for bids and directing City to advertise same." Adopted. ~ *82-536 Resolution No. 9865 "Awarding contract to Joe Foster Excavating, Inc. for Assessment District 81-1 On-site Grading Project and authorizing execution thereof." Adopted. August 17, 1982 BILLS *82 -537a An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S45,540.56. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 82 -537 From Dennis A. Manning, Gannett Outdoor Company of Northern California, concerning two design review applications made to the Planning Department to modify and improve the appearance of two billboard locations. Mr. Manning stated that the City Attorney had recommended that the applications not be processed on the basis that they would violate terms of the previous settlement agreement but that their attorney had rendered a different legal opinion. He requested that the Council consider the applications. After discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that the matter be held over to the next meeting for determination of legal questions and whether acceptance of the applications would violate the settlement agreement; the motion carried by unanimous voice vote - 5. HEARINGS 82 -538 Hearing regarding proposed improvement of Maitland Drive from Island Drive to Melrose Avenue - Maitland Drive Assessment District Local Improvement District 1982 -1. President Corica announced that this was the time and place of hearing on the Engineer's Report prepared pursuant to the Municipal Improvement Act of 1913 and Resolution of Intention No. 9680, as amended. The Clerk stated that notices had been posted and mailed as required by the Municipal Improvement Act of 1913 and affidavits and certificates were on file. She further stated that a copy of the Engineer's Report was filed on July 6, 1982 and had been open to public inspection since that time. Calvin Jones, JTA,Inc. Engineers - Planners,gave a description of the project and submitted the Engineer's Report and evidence relating to the method of spread of assesssment in accordance with benefits. The Clerk stated that no written protests or endorsements had been filed. President Corica explained the procedures to be used in the hearing and stated that all persons wishing to speak would be given the opportunity. On the call for proponents in favor of the Assessment District, the following persons spoke: Janice Metzner, part owner of property at 85 and 81 Maitland Drive, stated she was in favor of the project and inquired why the City did not pay for the repairs instead of the property owners. President Corica stated that the residents on Maitland Drive had not been assessed for the street as it had not been dedicated LXiiniict 17 1 QP7 The Public Works Director noted that the center portion of Maitland Drive had been accepted by the City, and the City is paying that portion of the work, but the property on the side of the street had not been accepted by the City. Frank Willis, Hayward, stated that his Mother lives on Maitland Drive (no address given) and is in favor of the Assessment District. Linda Demoreta, 45 Maitland Drive, spoke in favor of the Assessment District. Mary Deweese, 139 Maitland Drive, asked the following questions: 1) Is the assessment tax deductible? 2) Can one-half of the cost be paid at the beginning of the work and the other half upon completion? 3) How long to complete the work? and 4) Will property owners be notified of the cost of work to be done on private property in advance? Phil Assaf, Bond Counsel, replied that the interest paid is tax deductible, and the principal goes into the base of the property. The Public Works Director stated that if a property owner wishes to prepay and not be assessed through sale of bonds, a discount would be Ol]ow2d. He further stated that the project would take about 45 days, and he did not foresee any delays at this time. He also stated that if work is required on private property, the owner would be informed of the cost in advance. On the call for opponents, the following persons spoke: Patricia Brander, 151 Maitland Drive, inquired whether taxes would be raised. Mr. Assaf stated the improvements would not result in a raise in taxes such as adding a room. Ernest Prado, 36 Maitland Drive, stated he currently had two driveways and had been informed he was only entitled to one. The City Engineer stated he would meet with the property owner in the field and work out an equitable solution. Clarence Abernathy stated that his mother owned the property at 48 Maitland Drive and inquired whether the street would be lowered to meet the sidewalk. The Public Works Director stated that the street would be lowered to meet the sidewalk. There being no other persons who wished to speak, President Corica ordered the public portion of the hearing Cl0Sed. Councilman Sherratt made a motion, seconded by Councilman Stone, that the applicable resolutions be considered at this time; the motion carried by unanimous voice vote - 5. RESOLUTIONS 82-539 Resolution No. 9866 "A resolution overruling protests on Resolution of Intention No. 9680, as amended - Maitland Drive Assessment District Local Improvement District 1982-1," August 17, 1982 Lifi Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -540 Resolution No. 9867 "A Resolution ordering reduction of assessments - Maitland Drive Assessment District Local Improvement District 1982 -1." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -541 Resolution No. 9868 "A Resolution and order adopting Engineer's Report, confirming the assessment and ordering the work and acquisitions - Maitland Drive Assessment District Local Improvement District 1982 -1." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -542 Resolution No. 9869 "A Resolution of award of contract - Maitland Drive Assessment District Local Improvement District 1982 -1." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -543 Resolution No. 9870 "A Resolution designating Collection Officer - Maitland Drive Assessment District Local Improvement District 1982 -1." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -544 Resolution No. 9871 "A Resolution awarding sale of bonds - Maitland Drive Assessment District Local Improvement District 1982 -1." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS 82 -545 From Ad Hoc Committee on City Hall Renovation regarding use of Council Chamber. Councilman Diament made a motion, seconded by Councilman Stone, that the recommendations be approved which reflect existing policy but have been expanded to use specificity detailed in the Recreation and Parks Department regulations for use of their facilities; the motion carried by unanimous voice vote - 5. 82 -546 From Public Works Director regarding status of the Fernside Boulevard Extension. Councilman Diament made a motion, seconded by Councilman Stone, that the report be accepted and the resolution granting a 45 -day extension considered at this time; the motion carried by unanimous voice vote - 5. August 17, 1982 RESOLUTIONS 82-547 Resolution No. 9872:. "Authorizing extension of forty-five days for completion of contract work for the Fernside Boulevard Extension." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS 82-548 From Public Works Director regarding Traffic Advisory Committee consideration of requests for rental of on-street parking spaces and the current practice of use of straps to rent off-street parking spaces. Larry Patton, 1020 San Antonio Avenue, spoke in support of issuing additional parking bands for parking meters to business people and offered to make a survey of the interest. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and the recommendations approved; the motion carried by unanimous voice vote - 5. RESOLUTIONS 82-549 Resolution No. 9873 "Approving specifications and authorizing release of Invitation for Proposals for lease or sale of real property known as the Bay Farm Recreation Center." David Simmons, 2020-M Otis Drive, suggested the Council consider auctioning an option to lease or purchase the property and establish a minimum price and guidelines for use of the property. Councilman Stone made a motion, seconded by Councilman Diament, that the Request for Propoals specify lease and not sale of the property. Councilman Gorman stated that he felt the intention was not to permanently give up rights to the property but deletion of the sale provision might exclude some advantages to the City. The motion carried by the following vote: Ayes: Councilmen Diament, Sherratt, Stone, and President Corica - 4. Noes: Councilman Gorman - 1. Absent: None. After further discussion, Councilman Stone made a motion that the Request for Proposals be edited by staff and submitted on the next Council agenda; the motion FAILED for lack of a second. Deanna Johe, 3270 Madison Street, spoke in support of expansion of facility. Laurie Benner, 827-B, Haight, spoke in support of Ms. Johe's position. After further Council discussion, Councilman Stone made a motion that the Request for Proposals be re-edited by staff to remove language relating to sale of property, include that there will be community use of the building, give attention to minimum proposal of $73,000 return to City to allow some flexibility as to how it might apply to gross receipts, and that the matter be placed on the next Council agenda; the motion FAILED for lack of a second. The Acting City Manager stated that language relating to minimum proposal would not preclude further action after the Council decides use of the facility. August 17, 1982 Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution authorizing release of Invitation for Proposals be adopted with deletion of references to sale of the facility; the motion carried by the following vote: 4vea: Councilmen Diumunt, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. NEW BUSINESS 82-550 Councilman Stone requested the City Manager to write the City of San Leandro and inquire whether they had dredging materials available that would be suitable for sealing the dump site. ORAL COMMUNICATIONS, GENERAL 82-551 William Hillery, 660 Westline Drive, requested the City Council appeal the decision of the Federal Judge relative the the referendum filed to repeal General Plan Amendment 82-2 for property at 716 Central Avenue. Karin Lucas, 415 Taylor, spoke in support of his request and noted the deadline for appeal was September 7, 1982, She also requested the Council obtain a legal opinion from an outside law firm. President Corica suggested that the Alameda Improvement Association, represented by the two above-listed speakers, appeal the decision of the Judge. 82-552 Joseph Sullivan, 3221 Liberty Avenue, spoke regarding private use of docks and piers on public tidelands and suggested the City move ahead and lease the properties, ADJOURNMENT 82-553 President Corica ordered the meeting adjourned to an Executive Session for discussion of personnel and litigation matters. The Council, staff, and members of the community stood in a moment of silent tribute to the memory of Chesley Anderson, Richard Schacht, and Shirley Tennier. At the conclusion of discussion in Executive Session, it was determined that no action would be taken at this ti0e. There being no further business to come before the meeting, the Council adjourned at 10:55 p.m. to assemble in regular session Tuesday, September 7, 1982, at 7:30 p.m. Respectfully submitted, DEEN SPEEG City Clerk FILING Contract extension relative to Fernside Boulevard Extension. Specifications for Bay Farm Recreation Center. Plans and Specifications for painting and decorating portions of City Hall. Agreement with East Bay Utility District relative to the Maitland Drive Assessment District. Agreement with Pacific Gas & Electric Company for Harbor Bay Parkway Assessment District 81-1. August 17, 1982