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1982-11-16 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 16, 1982 The Council convened at 7:40 p.m. (at the conclusion of the Community Improvement Commission meeting) with President Corica presiding. The Pledge of Allegiance was led by Councilman Gorman. The Invocation was given by Rev. Wally Riches, Twin Towers United Methodist Church. ROLL CALL: Present: Councilmen Gorman, Sherratt, Stone, and President Corica - 4. Absent: Councilman Diament - 1. (noted. ill) MINUTES Councilman Stone made a motion, seconded by Councilman Gorman, that the Minutes of the Regular Adjourned Council Meeting of October 11, 1982, be approved as submitted; the motion carried by unanimous voice vote - 4. CONSENT CALENDAR Councilman Sherratt made a motion, seconded by Councilman Stone, that all items on the Consent Calendar be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, Stone, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *82 -920 From Public Works Director recommending approval of a Dredging Permit for the Bureau of Electricity for a trench from the Port of Oakland to Naval Supply Center. Approved. *82 -921 From Public Works Director recommending extension of time to October 22, 1983, to complete improvements for Parcel Map 3392 (1117 Pearl Street). Approved. RESOLUTIONS *82 -922 Resolution No. 9925 "Authorizing execution of a modified subdivider's agreement relating to the substitution of a Memorandum of Agreement for the bonding requirement of Tract 4545 (Northeast corner of Willow Street and Otis Drive - Cowan, Mitchell and Schwartz, Owners)." Adopted. *82 -923 Resolution No. 9926 "Finding a portion of Sea Bridge, a public street in the City of Alameda, is unnecessary for present or prospective street purposes, ordering vacation thereof subject to reservation of public utility easements and rights of ingress and egress therein as described herein; and directing City Clerk to cause certified copy of this resolution to be recorded." Adopted. *82 -924 Resolution No. 9927 "Authorizing execution of a contract with National District for Historic Preservation for Main Street U.S.H. Program." Adopted. *82 -925 Resolution No. 9928 "Requesting cancellation of taxes on real property acquired by the City of Alameda for municipal purposes (Fox property - Fernside Boulevard Extension)." Adopted. November 16, 1982 4 *82 -926 Resolution No. 9929 "Authorizing execution of amendment to the contract agreement for consulting services between City of Alameda and Chamber of Commerce" Adopted. FINAL PASSAGE OR ORDINANCES *82 -927 Ordinance No. 2107, New Series "Amending Title XVII of the Alameda Municipal Code to establish the intersections of San Antonio Avenue with St. Charles Street and with Morton Street as four -way stop intersections." Finally adopted. *82 -928 Ordinance No. 2108, New Series "Authorizing grant of easement for public utility purposes to the Bureau of Electricity, City of Alameda (Tidelands Easement)." Finally adopted. *82 -929 Ordinance No. 2109, New Series "Authorizing sale of certain City -owned real property to Arzelia G. Powell and Robert K. Wright (1317 Pacific Avenue). Finally adopted. *82 -930 Ordinance No. 2110, New Series "An Ordinance of the City Council of the City of Alameda, approving the terms and conditions of Amendment No. Two to the Member Agreement (second phase) for financing and development activities of the Shell East Block Geothermal Project between Northern California Power Agency and certain participating members, and authorizing the execution of and delivery of said amendment by officers of the City of Alameda." Finally adopted. *82 -931 Ordinance No. 2111, New Series "Ordinance of the City Council of the City of Alameda authorizing the issuance of Public Power Revenue Bonds by Northern California Power Agency (Geothermal Generating Project Number 3)." Finally adopted. *82 -932 Ordinance No. 2112, New Series "Ordinance of the City Council of the City of Alameda authorizing the issuance of Notes by Northern California Power Agency (Geothermal Generating Project Number 3)." Finally adopted. *82 -933 Ordinance No. 2113, New Series "Ordinance of the City Council of the City of Alameda authorizing the issuance of Public Power Revenue Refunding Bonds by Northern California Power Agency." Finally adopted. *82 -934 Ordinance No. 2114, New Series "Authorizing an amendment to the contract between the City of Alameda and the Board of Administration of the California Public Employees' Retirement System." Finally adopted. BILLS *82 -935 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S122,897.32. RETURN TO REGULAR AGENDA Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolutions appointing members to Boards and Commissions be taken out of sequence at this time; the motion carried by unanimous voice vote - 4. *82 -936 Resolution No. 9930 "AppointingLouis C. Steele as a Member of tha Civil Service Board." Councilman Stone made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, Stone, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. November 16, 1982 The Clerk administered the Oath of Office to Mr. Steele. 82 -937 Resolution No. 9931 "Reappointing Norma A. Arnerich as a Member of the Golf Commission." Councilman Sherratt made a motion, seconded by Councilman Gorman, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, Stone, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. The Clerk administered the Oath of Office to Mrs. Arnerich. 82 -938 Resolution No. 9932 "Appointing James H. Duncan as a Member of the Recreation Commission." Councilman Stone made a motion, seconded by Councilman Gorman, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, Stone, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. The Clerk administered the Oath of Office to Mr. Duncan. 82 -939 Resolution No. 9933 "Appointing Darlene 0. Pharr as a Member of the Recreation Commission." Councilman Sherratt made a motion, seconded by Councilmen Stone, that the resolution be adopted; the motion carried by the followinn roll call vote: Ayes: Councilmen Gorman, Sherratt, Stone, and President Corica. - 4. Noes: None. Absent: Councilman Diament - 1. The Clerk administered the Oath of Office to Ms. Pharr. WRITTEN COMMUNICATIONS 82 -940 From Donna E. Simpson, 1835 Nason Street, requesting laws be passed regarding raising of poultry in backyards. Ms. Simpson stated there had been problems due to the large number of poultry being raised in backyards in her neighborhood and requested the Council pass laws to control the situation. Mary Levine, 1827 Nason Street, stated that she had been cited by the Animal Control Unit and had until November 18, 1982, to comply with their conditions. She further stated she was attempting to finish a coop and requested additional time. She also stated that she would be willing to reduce the number of fowl in her yard. President Corica suggested she be allowed an additional week to comply with condi- tions imposed by the Animal Control Unit and to reduce the number of fowl in her backyard. Councilman Gorman made a motion, seconded by Councilman Stone, that the Police Department be directed to handle complaints and continue to enforce codes that deal with sanitation and that staff provide a recommendation regarding the appropriate number of fowl allowable in residential areas; the motion carried by unanimous voice vote - 4. November 16, 1982 REPORTS AND RECOMMENDATIONS 82 -941 From Acting Secretary of the Rent Review Advisory Committee submitting Mediation Proposal. President Corica stated that he felt the Rent Review Advisory Committee had done a good job and he opposed the Mediation Proposal as it added another level of bureaucracy. He also expressed concern regarding training volunteers for mediation. The following members of the Rent Review Advisory Committee spoke on the proposal: Linda Pritchard Rick Teske Tom Ferris Art Woodliff, Alameda Rental Property Association, spoke in opposition to some pro- cedures of the Rent Review Advisory Committee. In response to inquiry of Councilman Sherratt, the City Manager stated that such a program could be funded under the Housing and Community Development Act. In response to inquiry of Councilman Stone, the City Manager stated that such a program could fall within funding for housing counseling services. Councilman Sherratt made a motion, seconded by Councilman Gorman, to refer the report back to the Rent Review Advisory Committee for full discussion and to direct staff to explore ways to implement proposal and funding sources; the motion carried by the following vote: Ayes: Councilmen Gorman, Sherratt, and Stone - 3. Noes: President Corica - 1. Absent: Councilman Diament - 1. 82 -942 From City Manager concerning request from the Park Street Business Association relative to parking during the Holiday Season. Councilman Sherratt made a motion, seconded by Councilman Gorman, that the report be accepted and the recommendation that two weeks free parking at meters on certain streets be allowed just prior to Christmas with provision that time limits be enforced approved; the motion carried by unanimous voice vote - 4. 82 -943 From Public Works Director regarding Assembly Bill 941 and recommending establish- ment of a Central Permit Function. Councilman Stone made a motion, seconded by Councilman Sherratt, that the report be accepted and the recommendation approved; the motion carried by unanimous voice vote - 4. 82 -944 From Public Works Director regarding planned changes for the City's Telephone System Councilman Gorman made a motion, seconded by Councilman Sherratt, that the report be accepted and the recommendation approved; the motion carried by unanimous voice vote - 4. 82 -945 From Public Works Director concerning street light illumination of mercury vapor post top and pole- mounted high pressure sodium luminaires. Councilman Stone made a motion, seconded by Councilman Gorman, that the report be accepted and directed staff to trim all trees in the City to obtain maximum light for the streets below; the motion carried by unanimous voice vote - 4. 82 -945a From Public Works Director recommending reduction in Performance Bond from S100,000 to S22,000 in Tract 4121 (Bay View Harbor Homes, Harbor Bay Isle). Councilman Gorman made a motion, seconded by Councilman Stone, that the report be accepted and recommendation approved; the motion carried by the following vote: Ayes: Councilman Gorman, Stone, and President Corica - 3. Noes: None. Abstaining: Councilman Sherratt - 1. Absent: Councilman Diament - 1. November 16, 1982 AZ', 82 -946 From Community Development Director concerning Industrial Bond Authority. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and the recommendation approved. Councilman Gorman noted that the recommendation had the alternatives of establishing the Industrial Development Authority now or in the future and recommended it be established now and noted it would appear on a regular Council agenda; the motion carried by unanimous voice vote - 4. RESOLUTIONS 82 -947 Resolution No. 9934 "Accepting proposal as agreement (Mortenson -Rice Associates, consultant services for health, dental and life insurance evaluation)." Councilman Sherratt made a motion, seconded by Councilman Gorman, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, Stone, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. 82 -948 Resolution No. 9935 "Salary- classification resolution - part -time or temporary non -Civil Service positions." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, Stone, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. 82 -949 Resolution No. "Authorizing execution of agreement between the City, Chor Lee and Wong Lee, and the McKee's relating to the Alameda Municipal Golf Course Refreshment Concession." Councilman Sherratt made a motion, seconded by Councilman Gorman, that the resolution be adopted. President Corica stated that it is contrary to City policy to make a determination regarding lease of a facility before it is made available. Councilman Stone stated that it would be in the best interest of the City to be able to renegotiate a new lease in the event of a default and that she would vote "no" on the motion. Michael Silvey, Attorney for the McKee's, stated that the matter had been discussed in July, but as the documents had not been prepared, the other agreement had been completed so the sale would not be delayed. He further stated that in the event of a default, the ability to re -enter as concessionaire would protect his client until the City could negotiate a new lease. Councilman Sherratt offered an amendment to the motion to adont the resolution, accepted by Councilman Gorman, to amend the resolution so that the McKee's could assume operation of the concession and the City to have discretion to put another concessionaire in, and where it states "under the same terms and conditions" change to "not for remaining term of lease but until such time as the City finds a new concessionaire." November 16, 1982 The motion Failed by the following roll call vote: Ayes: Councilmen Gorman and Sherratt - 2. Noes: Councilman Stone and President Corica - 2. Absent: Councilman Diament - 1. 82 -950 Resolution No. 9936 "Authorizing execution of agreement between the City of Alameda, the City of Oakland, and Price Waterhouse and Company to conduct a Joint Refuse Rate Study." Councilman Stone made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Gorman, Sherratt, Stone, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. INTRODUCTION OF ORDINANCES 82 -951 Ordinance No. , New Series "Authorizing acceptance and execution of a lease agreement between Martin O'Toole, as Lessor, and the City of Alameda, as Lessee, relating to the premises known as the Bay Farm Island Recreation Center." President Corica noted that the ordinance would be held over at the request of Mr. O'Toole and would be on a subsequent agenda when additional documentation is completed. 82 -952 Ordinance No. , 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." The following persons spoke in opposition to the ordinance: Bill Thomas, 1518 -G Pearl Street Jeff Eden, representing Storer Cable Television Fred Scullin, 1120 Chestnut Street Gerhard Degemann, 304 Sand Beach Road James Davis, Attorney for United Cable, stated that a limited partner would have no control over the Cable Franchise. Joseph Bruning, representing United Cable, stated that United Cable had the money to build the system but that a limited partnership was the most efficient way to raise the money to finance the system. He further stated that United Cable had no intention of selling the company. President Corica expressed concern that the company had been represented as being financially solid and was now asking the City for assistance. He further stated that the City should derive some monetary benefits. Councilman Stone stated that it would be a financial benefit for United Cable, and if something had been negotiated for the City she would be receptive. She further expressed concern that it had not been addressed prior to approval of the Franchise. James Davis stated that incentives for the City had not been considered as it had been considered a financing arrangement and requested a continuance of two weeks to provide additional information. It was the consensus of the Council that a continuance not be granted. Councilman Gorman made a motion, seconded by Councilman Sherratt, that the ordinance be introduced and passed to print; the motion FAILED by the following roll call vote: Ayes: Councilman Gorman and Sherratt - 2. Noes: Councilman Stone and President Corica - 2. Absent: Councilman Diament - 1. November 16, 1982 Councilman Sherratt requested the City Attorney to research Council policy and determine if the item would be placed on the next agenda as the vote was tied and one Councilmember was absent. UNFINISHED BUSINESS 82 -953 Councilman Stone noted about 52,000,000 in bonds are due relative to the Reclamation District, and residents have asked questions as the City is the collecting agent. She requested a concise report for the Council agenda. Councilman Gorman noted property owners receive binders and suggested that be included in the report. Councilman Sherratt suggested title companies also be checked regarding CC & R's. FILING 82 -954 Memorandum of Agreement for bonding requirement of Tract 4545. Contract with National District for Historic Preservation for Main Street U.S.A. Program. Proposal agreement (Mortenson -Rice Associates, consultant services for health, dental and life insurance evaluation). Agreement between City of Alameda, City of Oakland, and Price`Waterhouse and Company to conduct a Joint Refuse Rate Study. ORAL COMMUNICATIONS, GENERAL 82 -955 Andrew Bates, 1514 Broadway, stated that he had made an analysis of the City budget which might be helpful and distributed material to the Council for informa- tion. ADJOURNMENT 82 -956 President Corica ordered the meeting adjourned to Executive Session for a discussion of personnel and litigation matters. After discussion, Councilman Sherratt made a motion, seconded by Councilman Gorman, to reconvene to open session; the motion carried by unanimous voice vote - 4. 82 -957 Councilman Sherratt made a motion, seconded by Councilman Gorman, that the City Manager be authorized to sign an agreement with Aeolian Yacht Club for acquisition of property relative to the Fernside Extension; the motion carried by unanimous voice vote - 4. There being no further business to come before the Council, the meeting adjourned at 11:30 p.m. to meet in regular session Tuesday, December 7, 1982, at 7:30 p.m. Respectfully submitted, f DEEN SPEEGL` November 16, 1982 , City`Clerk