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1982-07-06 Regular CC Minutes������ ����N� REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JULY 6, 1982 The meeting convened at 7:30 p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Gorman. The Invocation was given by President Corioa, ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Absent: Councilman Stone - 1. CONSENT CALENDAR President Corica noted that resolutions concerning income group proportions as revised by the Association of Bay Area Governments and contract with Chamber of Commerce to conduct an "Industrial and Commercial Site Inventory and Evaluation" had been withdrawn from Consent Calendar for discussion later in the meeting. Councilman Sherratt made a motion, seconded by Councilman Diament, that the following items on the Consent Calendar be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: Mnne, Absent: Councilman Stone - 1. Items so enacted or adopted are indicated by an asterisk( REPORTS AND RECOMMENDATIONS *82-390 From Chairman of Historical Advisory Commission submitting status report regarding designation of Park Street Historic Commerical District. Accepted. )^ *82-387 From Finance Director submitting Interest Earnings Report for May, 1982. Accepted. *82-388 From Community Development Director recommending extension of existing contract with Alamedans with H.O.P.E. for housing counseling services on a month- to-month basis pending contract negotiations. Approved. *82-389 From Public Works Director submitting status report on Alameda Beach Sand Replenishment Project. Accepted. *82-390 From Public Works Director submitting status report on Sewer Service Fee implementation. Accepted. +82-391 From Public Works Director recommending reduction of bond from 3250,000 to 325,000 for subdivision improvements on Tract 3645, Bay Isle Pointe, Ponderosa Homes. Approved. RESOLUTIONS *82-392 Resolution No. 9786 "Proposing amendments to the Charter of the City Of Alameda on motion of the City Council; calling a Special Municipal Charter Amendment Election in the City of Alameda for purpose of submitting to the electors thereof proposals to amend said Charter, Viz: by amending Section 2-1,1 to delete obsolete language and to provide that the Mayor shall receive a monthly compensation of Seven Hundred Fifty Dollars /S750.00\ and by amending Section 2-4 to delete obsolete provisions and to provide that each COUncil0e0ber shall receive One Hundred Twenty-Five Dollars /5l25.00\ for each meeting but shall not receive such fees July 6, 1982 for more than two meetings in any calendar month; fixing the date of said election, the manner of holding same, and providing for notice thereof; and consolidating said Special Municipal Charter Amendment Election with the General Election of the State of California to be held on November 2, 1982." Adopted. *82 -393 Resolution No. 9787 "Stating and requesting consolidation of a Special Municipal Charter Amendment Election to be held Tuesday, November 2, 1982, with the State of California General Election to be held Tuesday, November 2, 1982." Adopted. *82 -394 Resolution No. 9788 "Awarding contract for Mechanical Systems Maintenance at the Police Administration Building to Johnson Controls, Inc. and authorizing execution thereof." Adopted. *82 -395 Resolution No. 9789 "Awarding contract to Monterey Mechanical Co. for Harbor Bay Parkway Sanitary Sewer Pump Station improvements and authorizing execution thereof." Adopted. *82 -396 Resolution No. 9790 "Authorizing open market purchase of a rebuilt portable pump." Adopted. *82 -397 Resolution No. 9791 "Authorizing execution of Technical Assistance Contract between the City of Alameda and MKGK for the preparation and implementation of Section 312 Loan Application." Adopted. INTRODUCTION OF ORDINANCES *82 -398 Ordinance No. , New Series "Conveying to Ponderosa Homes, a California General Partnership, a wedge of property at the Lincoln School Site consisting of approximately 0.004 acres of land." Passed to print. *82 -399 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending the first paragraph of Section 6 -321 of Article 2, Chapter 3, of Title VI thereof, to clarify those parties required to pay a sewer service charge." Passed to print. FINAL PASSAGE OF ORDINANCES *82 -400 Ordinance No. 2098, New Series "Amending Chapter 5 of Title XVII of the Alameda Municipal Code relating to transportation of hazardous materials through the Posey Tube and Webster Street Tube." Finally adopted. BILLS *82 -401 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of 5434,106.55. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 82 -402 From Alameda Improvement Association, signed by Vice Chair, Karin Lucas, requesting the Council's position as to whether GPA 82 -2 relative to 40 units of subsidized rental housing at 716 Central is subject to referendum. July 6, 1982 Ms. Lucas stated that a petition with over 6,200 signatures had been filed to recind the resolution approving GPA -82 -2 and that she had received a copy of the City Attorney's memorandum on the subject. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Gorman, that the communication be accepted and directed initiative measure relating to subsidized housing and referendum against GPA 82 -2 be agendized July 20, 1982, if signatures are qualified as sufficient; the motion carried by unanimous voice vote - 4. HEARINGS 82 -403 Hearing regarding a proposed Urban Development Action Grant (UDAG) Program. Michael Visconti, Association of Bay Area Governments, explained procedures to submit UDAG applications and noted that the deadline for submission for this round is July 30, 1982. He further noted it would be a public /private partnership to encourage economic development. President Corica explained procedures to be used in the hearing, and on the call for proponents, Oscar Barry, Harbor Bay Isle Associates, stated they were interested in participating with the City in making application for UDAG funds. On the call for opponents, there were no speakers. President Corica declared the public portion of the hearing closed. Councilman Diament made a motion, seconded by Councilman Gorman, that the staff recommendation that the City encourage proposals from the private sector for UDAG applications, and submit one or more applications by July 30, 1982, if possible, be approved; the motion carried by unanimous voice vote - 4. REPORTS AND RECOMMENDATIONS 82 -404 From Chairman of City Charter Review Committee submitting status report on proposed revisions to the City Charter. Fred Scullin, 1120 Chestnut Street, recommended that Section 2 -3 of the City Charter relative to establishment of City Offices by ordinance require three votes of the Council as is required to appoint or remove the City Manager. Councilman Sherratt made a motion, seconded by Councilman Diament, that the recommenda- tions of the Charter Review Committee be agendized for July 20, 1982 meeting and directed that the Charter Review Committee consider the concerns expressed by Mr. Scullin; the motion carried by unanimous voice vote - 4. President Corica noted a member of the Charter Review Committee was present and requested the member to transmit the information to the Committee. RESOLUTIONS 82 -405 Resolution No. 9792 "Reappointing Dorothy A. Jones a Commissioner of the Housing Commission of the City of Alameda." 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, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. July 6, 1982 82 -406 Resolution No. 9793 "Reappointing William Trujillo a Commissioner of the Housing Commission of the City of Alameda." 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 Diament, Gorman, Sherratt, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 82 -407 Resolution No. 9794 "Reappointing Alfred B. Drouot a Commissioner of the Housing Commission of the City of Alameda." Councilman Diament made a motion, seconded by Councilman Gorman, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. The Clerk administered the Oath of Office to Ms. Jones, Mr. Trujillo, and Mr. Drouot. 82 -408 Resolution No. 9795 "Amending the Combined Land Use Plan of the General Plan of the City of Alameda to change the land use designation from Special Single Family to Neighborhood Commercial District for 1196 -1198 Park Street and 2406 San Jose Avenue. Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: None. Absent: Councilma Stone - 1. 82 -409 Resolution No. 9796 "A Resolution amending Resolution No. 9680 entitled, 'A Resolution of Intention to acquire and construct improvements' - 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 roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 82 -410 Resolution No. 9797 "A Resolution of preliminary approval of Engineer's Report - 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 roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 82 -411 Resolution No. 9798 "A Resolution appointing time and place of hearing protests in relation to proposed acquisitions and improvements and directing notice - 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 roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 5. Noes: None. Absent: Councilman Stone - 1. July 6, 1982 82 -412 Resolution No. 9799 "A Resolution calling for sealed proposals and fixing liqui- dated damages for failure to complete the work within time specified - 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 roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 82 -413 Resolution No. 9800 "A Resolution describing proposed boundaries of Assessment District, directing filing of Boundary Map and Assessment Diagram and recordation of Notice of Assessment - 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 roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 82 -414 Resolution No. 9801 "Approving the imposition of a proposed 5 -cent per gallon Local Roadway User Fee (Gas Tax) within the County of Alameda, subject to County -wide voter approval, the approval of other City Councils and the Board of Supervisors." Councilman Gorman 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, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 82 -415 Resolution No. 9802 "Authorizing execution of an agreement with the County of Alameda and other cities in the County as to the distribution of Local Roadway User Fee (Gas Taxes)." 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, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 82 -416 Resolution No. 9803 "Authorizing execution of agreement with Chor Oong Lee for Restaurant /Concession at Alameda Municipal Golf Course." John Ross, 1888 W. Cavendish, Castro Valley, stated that his firm had been negotiating with Art McKee, the present concessionaire, and had a verbal contract with Mr. McKee. He requested the Council to postpone a decision for 90 days as he planned to litigate the matter. He also stated he had discussed the matter with City officials. Dan Cummins, Attorney for Chor Oong Lee, stated that Mr. Lee's contract with Mr. McKee would expire tomorrow and requested that Council approve the resolution. In response to inquiry of Brian Coughlan, 955 Shorepoint Court, the Recreation and Parks Director stated that City officials had discussed assignment of the lease with Mr. Ross but no commitment had been made. Councilman Sherratt noted this would be private litigation between the parties and would not involve the City. Councilman Diament stated that she wuld prefer to postpone approval of the resolution until the matter is reso,ved. July 6, 1982 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, and President Corica - 3. Noes: Councilman Diament - 1. Absent: Councilman Stone - 1. 82 -417 Resolution No. "Authorizing execution of an agreement between the City of Alameda and Piedmont Associates relative to the Community Development District." The following persons expressed concerns regarding establishment of a Community Development District: Karin Lucas, 415 Taylor Brian Coughlan, 955 Shorepoint Court John Ravet, West End Business Association Edward Clark, 1422 Cottage Street Larry Patton, 1020 San Antonio Avenue President Corica recommended Alameda Marina Village and Associates, Piedmont Associates, and staff meet with the West End Business Association and other persons who had expressed concern to explain the situation. Councilman Sherratt made a motion, seconded by Councilman Diament, that the matter be held over to July 20, 1982, and directed staff to hold discussions with concerned parties; the motion carried by unanimous voice vote - 4. 82 -418 Resolution No. "Accepting proposal as agreement." (Alameda Marina Village Associates - for establishment of a Community Development Project in Alameda) Councilman Sherratt made a motion, seconded by Councilman Diament, that the matter be held over to July 20, 1982, and directed staff to hold discussions with concerned parties; the motion carried by unanimous voice vote - 4. INTRODUCTION OF ORDINANCES 82 -419 Ordinance No. , New Series "Determining and declaring the need for the Community Improvement Commission to function in the City of Alameda and declar- ing the City Council of the City of Alameda to be the Improvement Commission." Councilman Sherratt made a motion, seconded by Councilman Diament, that the matter be held over to July 20, 1982, and directed staff to hold discussions with concerned parties; the motion carried by unanimous voice vote - 4. 82 -420 Ordinance No. , New Series "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, New Series - Applicant: Arthur Thorns, 1196 -1198 Park Street and 2406 San Jose Avenue." Councilman Diament made a motion, seconded by Councilman Sherratt, that the ordinance be introduced and passed to print; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. FINAL PASSAGE OF ORDINANCES 82 -421 Ordinance No. 2096, New Series "An Ordinance of the City of Alameda granting a non - exclusive Franchise to United Cable Television of Alameda, Inc., for the installation, construction, operation and regulation of a Cable Television System for Alameda." July 6, 1982 Sti Roger Ferragallo,Peralta College District, noted that originally S186,000 was proposed in the Franchise for Peralta College District and subsequently reduced to $86,000 and the minimum needed is S132,500 for studio upgrade at the College of Alameda. He also requested clarification of the Franchise language to indicate the money is for College of Alameda studio upgrade and not for interconnect and studio upgrade. He suggested cost could possibly be reduced if United Cable assisted with their purchasing power. He further stated that Peralta College District had computer expertise and would be willing to assist the City in planning efforts for the future. Don Hongisto, President of College of Alameda, spoke in support of his requests. The following persons spoke in opposition to adoption of the ordinance: Joseph Sullivan, 3221 Liberty Avenue (also read a letter dated June 10, 1982 from Joseph Brecher, representing Committee for Citizen Involvement - Voting for Integrity in Cable) Brian McDonald, 1446 Sherman Street. In response to inquiry of Councilman Gorman, Jim Davis, Attorney for United Cable, stated that United Cable would be willing to cooperate with Peralta College District with purchasing power for the equipment within the 586,000 range. Councilman Gorman suggested staff work with Mr. Ferragallo regarding computer expertise mentioned. Councilman Sherratt noted that if Peralta College District is successful in securing the grants they have applied for, they could request a portion of the $100,000 to complete the project although it might not be granted. Councilman Gorman recommended that page 9 of the Franchise Ordinance be changed to reflect that the S86,000 would be used for studio upgrade as requested by Mr. Ferragallo. Councilman Diament made a motion, seconded by Councilman Gorman, that the ordinance be amended as recommended above and finally adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. UNFINISHED BUSINESS 82 -422 Consideration of appointment of a Member to the Civil Service Board. President Corica nominated Louis A. Shannon for reappointment; the nomination was seconded by Councilman Diament and carried by unanimous voice vote - 4. 82 -423 President Corica nominated Russell A. Sisung for reappointment; the nomination was seconded by Councilman Diament and carried by unanimous voice vote - 4. 82 -424 Consideration of appointment of a Member to the Library Board. President Corica nominated Margery E. Fredericks for reappointment; the nomination was seconded by Councilman Sherratt and carried by unanimous voice vote - 4. 82 -425 Consideration of appointment of three Members to the Planning Board President Corica nominated David W. Simmons, Jr., and Robert M. Wood for reappointment to the Planning Board. July 6, 1982 The nomination was seconded by Councilman Sherratt and carried by unanimous voice vote - 4. President Corica nominated Martha Edna Beazley as a member to the Planning Board. The nomination was seconded by Councilman Diament and carried by unanimous voice vote - 4. 82 -426 Consideration of appointment of a Member to the Public Utilities Board. President Corica nominated Hadi Monsef for reappointment. The nomination was seconded by Councilman Sherratt and carried by unanimous voice vote - 4. 82 -427 Consideration of appointment of two members to the Social Service Human Relations Board. President Corica nominated Dolly Ci Wai Fong and Margaret M. Seaman for reappointment. The nomination was seconded by Councilman Sherratt and carried by unanimous voice vote - 4. 82 -428 In response to inquiry of Councilman Diament as to the status of bidding procedures and the statement that Mr. O'Toole had inquired about the Bay Farm Island Clubhouse, the Assistant City Manager stated a meeting was scheduled tomorrow morning. President Corica announced that the Council would consider the two resolutions removed from the Consent Calendar at this time. 82 -429 Resolution No. 9804 "Acceptance of income group proportions for the City of Alameda as revised by the Association of Bay Area Governments." In response to inquiry of Councilman Diament as to how the City's figures in the Housing Element compare to ABAG's figures, the Planning Director stated that the figures were within two percentage points. 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, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 82 -430 Resolution No. 9805 "Authorizing execution of a contract between the City of Alameda and the Alameda Chamber of Commerce to conduct an "Industrial and Commercial Site Inventory and Evaluation." In response to inquiry of Councilman Diament, the Planning Director stated that the Economic Development Committee supports the study. 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, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. FILING 82 -431 Contract with Alameda Chamber of Commerce to conduct an "Industrial and Commercial Site Inventory and Evaluation." Agreement with Chor Oong Lee for Restaurant Concession at Alameda Municipal Golf Course. (Note: Agreement with County of Alameda and other cities as to distribution of Local Roadway User Fee [Gas Taxes_ not received and will not be executed) July 6, 1982 FILING (continued) Note: (Other agreements listed on agenda held over to July 20, 1982 meeting) ADJOURNMENT 82 -432 Councilman Sherratt made a motion, seconded by Councilman Gorman, that the meeting be adjourned to an Executive Session for consideration 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 business to come before the Council, the meeting adjourned at 10:50 p.m., to meet in regular session Tuesday, July 20, 1982, at 7:30 p.m. Respectfully submitted, DEEN SPEEGL City Clerk July 6, 1982