1982-12-07 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY DECEMBER 7, 1982
The Council convened at 7:30 p.m. with President Corica presiding. The Pledge
of Allegiance was led by Councilman Stone. The Invocation was given by Rev.
Martell H. Twitchell, United Methodist Church.
ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, Stone, and President
Corica - 5.
Absent: None.
MINUTES
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
Minutes of the Regular Council Meeting of November 2, 1982, be approved as submitted;
the motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilman Diament made a motion, seconded by Councilman Sherratt, that all
items on the Consent Calendar be adopted; the motion carried by the following
roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President
Corica - 5. Noes: None. Absent: None.
Items so enacted or adopted are indicated by an asterisk ( *).
REPORTS AND RECOMMENDATIONS
*82 -958 From Public Works Director recommending acceptance of work by Joe Foster
Excavating, Inc., for Assessment District 81 -1 On -Site Grading Project, Harbor
Bay Isle Business Park, No. 7- 82 -10. Approved.
*82 -959 From Public Works Director recommending an extension of time of two
years, to January 6, 1985, for filing a Final Map for Tract 4682 - 1319 Pearl
Street. Approved.
RESOLUTIONS
*82 -960 Resolution No. 9937 "Award of contract to Dawson Construction for
construction of Bike Path under the north end of Bay Farm Island Bridge, P.W. 4- 82 -2."
Adopted.
*82 -961 Resolution No. 9938 "Authorizing execution of letter constituting agreement
to renew the City's Public Liability Claims Administration Agreement with R. L. Kautz
& Company." Adopted.
*82 -962 Resolution No. 9939 "Amending the 1982 -83 Budget to formalize actions
taken at the November 1, 1982 Council Meeting (Work Session). "" Adopted.
*82 -963 Resolution No. 9940 "Authorizing execution of an amendment to the agreement
with Piedmont Associates for services relative to the Community Development District."
Adopted.
BILLS
An Itemized List of Claims, certified by the City Manager as correct, was approved
in the amount of 5225,173.22.
December 7, 1982
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
82 -963 From Fred C. Roberts, Alameda County Mosquito Abatement District, requesting
a resolution appointing Mark J. Hanna as Trustee Representative for the term ending
January 2, 1985.
Councilman Sherratt made a motion, seconded by Councilman Gorman, that Mark J. Hanna
be appointed; the motion carried by unanimous voice vote - 5.
82 -964 From Joseph Willis, Alameda Chapel, 1001 Lincoln Avenue, concerning fees
charged for fire inspections of small churches.
Councilman Stone made a motion, seconded by Councilman Sherratt, that the communica-
tion be accepted and to approve the alternatives recommended by staff that seating
could be removed to accommodate less than 50 persons or a letter of record that
attendance would not exceed 49 people could be submitted, which would reduce the
fee to 525.00; the motion carried by unanimous voice vote - 5.
82 -965 From John Foley, President of. Alameda Food Bank, requesting a fee waiver for
fence variance permit.
Councilman Sherratt made a motion, seconded by Councilman Gorman, that waiver of
fees be granted as requested; the motion carried by unanimous voice vote - 5.
82 -966 From Ted Mattson, Chairman, Committee to Preserve the Beach at Shore Line
Drive, requesting Council's support of Committee's resolution.
Mr. Mattson expressed concern regarding plans for construction on the beach at Shore
Line Drive and stated that he had a meeting scheduled with representatives of East
Bay Regional Park District.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication
be accepted and wait to consider the matter further until ;r. Mattson has met with
representatives of East Bay Regional Park District; the motion carried by unanimous
voice vote - 5.
82 -967 From Carroll L. Tarver, President, Alameda Improvement Association, regarding
the installation of stop signs or traffic lights at the intersection of Central
Avenue and Fourth Street.
The Public Works Director noted that the Traffic Advisory Committee had met regarding
that matter and had recommended that DKS Associates bo hired to do a traffic study
of the area and report back to the Committee in two weeks.
Karin Lucas, Alameda Improvement Association, spoke in support of the Traffic Advi.6ory
Committee recommendation.
Councilman Diament made a motion, seconded by Councilman Stone, that the recommendation
of the Traffic Advisory Committee be approved; the motiio: carried by unanimous voice
vote - 5.
Upon inquiry of Councilman Stone, the City Manager stated he would explore whether
Housing and Community Development Act Funds could be used to pay for the study.
December 7, 1982
HEARINGS
82 -968 Public hearing on sidewalk repairs. (various locations)
The Public Works Director noted that property owners had been properly noticed of
the hearing and noted a report had been prepared on each property which shows the
area to be repaired and the cost.
President Corica explained the procedures to be used in the hearing.
On the call for proponents, there were no speakers; on the call for opponents, there
were no speakers
President Corica ordered the hearing closed.
Councilman Gorman made a motion, seconded by Councilman Sherratt, that the applicable
resolutions be considered out of sequence on the agenda at this time; the motion
carried by unanimous voice vote - 5.
RESOLUTIONS
82 -969 Resolution No. 9941 "Confirming report of the Suoerintendent of Streets
in the matter of the repair of sidewalk in front of property known as 562 Haight
Avenue, and directing the filing of a Notice of Lien on said property with the County
Auditor."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
82 -970 Resolution No. 9942 "Confirming report of the Superintendent of Streets
in the matter of the repair of sidewalk in front of property known as 1816 Eagle
Avenue, and directing the filing of a Notice of Lien on said property with the County
Auditor."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
82 -971 Resolution No. 9943 "Confirming report of the Superintendent of Streets
in the matter of the repair of sidewalk in front of property known as 300 Fairhaven
Road, and directing the filing of a Notice of Lien on said property with the County
Auditor."
82 -972 Resolution No. 9944 "Confirming report of the Superintendent of Streets
in the matter of the repair of sidewalk in front of property known as 1215 Pacific
Avenue, and directing the filing of a Notice of Lien on said property with the County
Auditor."
Councilman Diament made a motion, seconded by Councilman Stone, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
December 7, 1982
82 -973 Resolution No. 9945 "Confirming report of the Superintendent of Streets
in the matter of the repair of sidewalk in front of property known as 1054 Fairoaks
Avenue, and directing the filing of a Notice of Lien an said property with the County
Auditor."
Councilman Stone made a motion, seconded by Councilman Diament, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
REPORTS AND RECOMMENDATIONS
82 -974 From City Manager concerning Todd Shipyards.
President Corica stated that he had heard Todd Shipyards would be dismantled,and
an inspection of the site indicated much equipment had be=gin removed and most of
the heavy equipment marked for shipment. He noted an Executive Session would be
held at the conclusion of the meeting to discuss possible legal action.
Councilman Sherratt made a motion, seconded by Councilman Stone,that the report
be accepted and an Executive Session held at the conclusion of the meeting regarding
possible legal action; the motion carried by unanimous voice vote - 5.
82 -975 From Finance Director submitting a report from Daniel Cummins, Attorney,
on Bay Farm Island Reclamation District.
Mr. Cummins summarized the report and answered various questions.
After discussion, Councilman Stone stated that she had additional questions and
would address her specific questions to Mr. Cummins later.
82 -976 From Community Development Director submitting a report on Commercial and
Industrial Site Inventory and Evaluation Study prepared by the Alameda Chamber of
Commerce.
Jim Revoir and Jim Jakel, Chamber of Commerce, presented a synopsis of the study.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the report
be accepted and recommendations approved; the motion carried by unanimous voice
vote - 5.
Councilman Gorman requested staff to provide information to the Chamber of Commerce
to keep the study up -to -date.
RESOLUTIONS
82 -977 Resolution No. 9946 "Authorizing execution of an agreement for a City of
Alameda /Bureau of Electricity long -term disability insurance program."
Councilman Diament made a motion, seconded by Councilman Stone, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
December 7, 1982
82 -978 Resolution No. 9947 "Confirming canvass by Registrar of Voters of Alameda
County of the Special Election and Special Charter Amendment Election consolidated
with the State General Election held on Tuesday, November 2, 1982."
Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
82 -979 Resolution No. "Authorizing execution of an agreement between the City,
Chor Lee and Won 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 noted that the resolution had been considered at a previous meeting
and received a tie vote. He stated that he felt Council should not be making a
decision now as to who would be operating the facility if it becomes available.
Councilman Diament voiced agreement.
Councilman Stone stated that Council should retain the rE ht to renegotiate the
lease.
The motion FAILED by the following roll call vote: Ayes: Councilmen Gorman and
Sherratt - 2. Noes: Councilman Diament, Stone, and President Corica - 3. Absent:
None.
INTRODUCTION OF ORDINANCES
82 -980 Ordinance No. 2115, New Series "An ordinance requiring a referendum for
the development of Government subsidized rental housing units for five years
(adopted by vote of the people on November 2, 1982)."
Councilman Gorman made a motion, seconded by Councilman Sherratt, that the ordinance
be introduced; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent:
None.
82 -981 Ordinance No. , New Series "Determining and declaring the need for
an Industrial Bond Authority to function in the City of Alameda."
Councilman Diament made a motion, seconded by Councilman Stone, that the ordinance
be introduced and passed to print; the motion carried by the following roll call
vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica -
5. Noes: None. Absent: None.
82 -982 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."
Councilman Stone made a motion, seconded by Councilman Diament, that the ordinance
be introduced and passed to print; the motion carried by t e following roll call
vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica -
5. Noes: None. Absent: None.
December 7, 1982
82 -983 Ordinance No. , New Series "Amending Section 17 -333 of the Alameda Municipal
Code to restrict parking in the Commercial Districts on Webster Street from 4:00 a.m. to
6:00 a.m. and on Park Street from 3:30 a.m. to 5:30 a.m."
Councilman Diament made a motion, seconded by Councilman Gorman, that the ordinance
be introduced and passed to print; the motion carried by the following roll call
vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica -
5. Noes: None. Absent: None.
82 -984 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."
President Corica noted that the ordinance had been considered at the previous meeting
and received a tie vote.
The following persons spoke in opposition to the ordinance:
Jeff Eden, Storer Cable Television
Fred Scullin, 1120 Chestnut Street
Bill Thomas, 1518 -G Pearl Street
Charles Tillman, 2415 Roosevelt Drive
Jim Revoir, Chamber of Commerce, spoke in support of the ordinance.
Fred A. Vierra, United Cable Television, explained a limited partnership and spoke
regarding a Fiber Optic Cable Television System.
President Corica and Councilman Stone expressed concern regarding the fairness to
other companies who presented proposals in allowing a limited partnership to United
Cable at this time.
Councilman Diament stated there was much concern in the community regarding granting
a limited partnership at this time and that the City should continue according to
the original contract.
Councilman Sherratt stated that the concern in the community was a good point.
After further discussion, Councilman Gorman made a motion that the ordinance be
introduced subject to two conditions: 1) That United Cable exclude participation
in the limited partnership by Alameda residents; and 2) That United Cable submit
a proposal regarding a Fiber Optic Cable System prior to final passage of the ordinance;
the motion FAILED for lack of a second.
Councilman Sherratt made a motion, seconded by Councilman Garman, that introduction
of the ordinance be held over to the next meeting and !!niters Cable submit a proposal
for a Fiber Optic System for consideration at the same time; the motion FAILED by
the following roll call vote: Ayes: Councilman Gorman and Sherratt - 2. Noes:
Councilmen Diament, Stone, and President Corica - 3. Absent: None.
The City Attorney recommended the Council introduce thc ordinance and take a vote.
Councilman Diament made a motion, seconded by Councilman Gorman, that the ordinance
be introduced; the motion FAILED by the following roll call vote: Ayes: Councilmen
Gorman - 1. Noes: Councilmen Diament, Sherratt, Stone, and President Corica - 4.
Absent: None.
December 7, 1982
FILING
82 -985 Notices of Lien for properties known as 562 Haight Avenue, 1816 Eagle Avenue,
300 Fairhaven Road, 1215 Pacific Avenue, and 1054 Fairoaks Avenue with
County Auditor.
Agreement for City of Alameda /Bureau of Electricity long -term disability
insurance program.
Contract between City of Alameda and Dawson Construction for construction
of Bike Path under the north end of Bay Farm Island Bridge, PW 4 -82 -2.
Agreement with R. L. Kautz & Company.
Agreement amendment with Piedmont Associates.
ADJOURNMENT
82 -986 With consent of Council, President Corica 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 Council, the meeting adjourned
at 10:00 p.m. to assemble in regular session on Tuesday, December 21, 1982, at 7:30 p.m.
Respectfully submitted,
DEEN SPEEG
City Clerk
December 7, 1982