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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