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1983-01-04 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JANUARY 4, 1983 The meeting convened at 7:55 p.m. (at the conclusion of the Industrial Development Authority meeting) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Gorman. The Invocation was given by Rev. James T. Oldham, First Baptist Church. ROLL CALL: Present: Councilmembers Diament, Gorman, Sherratt, Stone, and President Corica - 5. MINUTES Councilmember Stone made a motion, seconded by Councilmember Sherratt, that the Minutes of the Regular Council Meeting of December 7, 1982, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR President Corica noted that the report regarding extension of time to complete improve- ments for Tract 4136 would be withdrawn and placed on an agenda at a later date. Councilmember Sherratt made a motion, seconded by Councilmember Stone, that the remaining items on the Consent Calendar be adopted; the motion carried by the following roll call vote: Ayes: Councilmembers 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 *83 -001 From Public Works Director recommending an extension of time of one year to January 19, 1984, to complete improvements for Tract 4136, Waterford Terrace. Withdrawn. *83 -002 From Public Works Director recommending an extension of time of one year to February 6, 1984, to complete improvements for Tract 3841, Harbor Bay Isle Village III, near Bridgeway Road. Approved. *83 -003 From Public Works Director recommending acceptance of work by Gallagher and Burk, Inc., for construction of Fernside Boulevard Extension from Encinal Avenue to Otis Drive, No. P.W. 6 -81 -7. Approved. *83 -004 From Public Works Director recommending a reduction of bond from 51,535,405 to 5250,000 for subdivision improvements within Tract 3904, Harbor Bay Isle Village II, near Bridgeway Road. Approved. RESOLUTIONS *83 -005 Resolution No. 9958 "Authorizing execution of agreement with Pacific Gas and Electric Company to provide gas facilities for Assessment District 81 -1, Harbor Bay Parkway Expansion." Adopted. *83 -006 Resolution No. 9959 "Calling General Municipal Election to be held in the City of Alameda on Tuesday, April 19, 1983; establishing election precincts; fixing number of election officers on the Board of Election for each precinct; fixing compensation of election officers and designating hours of voting." Adopted. January 4, 1983 *83 -006 Resolution No. 9960 "Ordering the consolidation of the Governing Board Member Election of the Peralta Community College District of Alameda County, State of California, to be held in the City of Alameda on the same date insofar as the territory in which said elections are to be held is the same." Adopted. *83 -007 Resolution No. 9961 "Authorizing execution of agreement with Freddie M. Payne for Construction Inspection services." Adopted. FINAL PASSAGE OF ORDINANCES *83 -008 Ordinance No. 2119, New Series "Amending Title XVII of the Alameda Municipal Code to establish a yield right -of -way intersection on Calhoun Street at Mound Street." Finally adopted. BILLS *83 -009 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S259,126.28. RETURN TO REGULAR AGENDA HEARINGS 83 -010 Establishing filing fee of 510.00 for building permits, and a 55.00 processing fee (total of S15.00) to help defray costs for establishing a Central Permit Office as required by AB 941 and Section 65913.3 of the California Government Code. The Public Works Director stated that State legislation now requires that all permit applications be centralized in one office, and approximately S15,000 would be required for the remainder of the Fiscal Year, and the above fees would defray that 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 public portion of the hearing closed. Councilmember Sherratt made a motion, seconded by Councilmember Diament, that the applicable ordinance be considered at this time; the motion carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 83 -011 Ordinance No. 2120, New Series "Amending City of Alameda Ordinance No. 1929 New Series by amending Exhibit A thereof and by adding Exhibit D thereto relating to fees to support the costs of a Central Permit Office." Councilmember Diament made a motion, seconded by Councilmember Sherratt, that the ordinance be finally adopted; the motion carried by the following roll call vote: Ayes: Councilmembers Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS 83 -012 From City Manager regarding renovation of City Hall January 4, 1983 Councilmember Sherratt made a motion, seconded by Councilmember Stone, that the report be accepted and the recommendations approved; the motion carried by unanimous voice vote - 5. 83 -013 From General Manager, Bureau of Electricity, regarding proposed Solid Waste Fired Electric Generating Station. Fred Scullin, 1120 Chestnut, stated that the report did not contain enough facts, and he felt there should be a regional facility at Altamont. Charles Tillman, 2415 Roosevelt Drive, recommended the matter of construction of a Solid Waste Electric Generating Station be placed on the ballot as an Advisory Measure. Councilmember Stone stated that she had requested the report be placed on the agenda to determine if adequate information was available to go to a vote of the people.. The General Manager, Bureau of Electricity, stated that the matter should go to a vote of the people, but adequate facts on economics and funding were not available at this time and would take eight months to a year to prepare. Councilmember Stone made a motion, seconded by Councilmember Sherratt, that the report be accepted; the motion carried by unanimous voice vote - 5. RESOLUTIONS 83 -014 Resolution No. 9962 "Authorizing renewal of existing Landscape Maintenance Contract with Cagwin and Dorward Landscape Engineering Contractors and approving increase in contract costs." Councilmember Diament made a motion, seconded by Councilmember Sherratt, that the resolution be adopted. President Corica stated that he had a problem with the increase of 29% as they are offering the same level of service, and perhaps the matter should go out to bid. The City Manager noted that the maintenance is at several locations and is probably a good bid based on their experience and that it is still lower than the other bids received last year. The motion carried by the following roll call vote: Ayes: Councilmembers Diament, Gorman, Sherratt, and Stone - 4. Noes: President Corica - 1. Absent: None. 83 -015 Resolution No. 9963 "Terminating Parks Refreshment Concession Agreement with Robert Eres." Councilmember Diament made a motion, seconded by Councilmember Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmembers Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. FINAL PASSAGE OF ORDINANCES 83 -016 Ordinance No. 2121, New Series "Amending the Alameda Municipal Code by amending Section 15 -6210 thereof relating to rates for collection of garbage and refuse and prescribing method of collection." January 4, 1983 President Corica stated that he would abstain from voting on the ordinance as he had a relative employed by Oakland Scavenger Company and requested Vice Mayor Sherratt to chair the meeting during discussion of this matter. Councilmember Gorman made a motion, seconded by Councilmember Diament, that the ordinance be finally adopted. In response to inquiry of Councilmember Stone, the Finance Director stated that Alameda residents pay 35,C more per can for garbage collection because of three programs unique to Alameda: Repayment to the Tidelands Trust Fund, Low Income Assistance Program, and Senior Discount Program. Councilmember Stone expressed concern that the information had not been made available when the ordinance was introduced. Councilmember Stone noted that of the amount of money set aside for the Low Income Assistance Program, a small amount had been used and requested that, with the consensus of Council,Oakland Scavenger Company be asked to send notices to persons with de- linquent bills informing them of the program and the possibility of their being eligible. It was the consensus of Council that Oakland Scavenger Company be requested to send the notices. The motion to finally adopt the ordinance carried by the following roll call vote: Ayes: Councilmembers Diament, Gorman, and Sherratt - 3. Noes: Councilmember Stone - Abstaining: President Corica - 1. Charles Tillman, 2415 Roosevelt Drive, expressed concern regarding the 16% return on equity on the garbage franchise and requested the Council reevaluate and reconsider the matter. No action was taken on his request. NEW BUSINESS 83 -017 President Corica noted that several persons had requested to speak on the South Shore Beach Project. Ted Mattson, 1001 Shoreline Drive, representing Committee to Preserve the Beach, stated that a large number of people had signed the resolution previously presented to the Council, and they had been in negotiations with East Bay Regional Park District staff. He further stated that they had reached a compromise agreement but still had concerns regarding the number of trees, security, and crime. John Leavitt, East Bay Regional Park District Board Member, stated that staff of East Bay Regional Park District were prepared to make a presentation, and he would answer questions or speak after the presentation. Members of the East Bay Regional Park District staff made a slide presentation and explained various aspects of the proposed project to alleviate wind erosion. The following persons expressed concern regarding preservation of the view, the number of trees proposed to be planted, security, and crime: January 4, 1983 Sherwood Marshall, 301 Coral Reef Road Maureen Marshall, 301 Coral Reef Road Joe Bogart, 300 Fairhaven Road Beth Bogart, 300 Fairhaven Road Loretta Yip, 301 Fairhaven Road Robert Ecker, 301 Harbor Light Road. Sam Pichey, 933 Shoreline Drive - #103 Buena Pichey - 933 Shoreline Drive- #103 John Dufala, 1825 Shoreline Drive - #102 Larry Gee, 300 Sand Beach Road. President Corica suggested the trees be kept trimmed to a maximum height of 30 feet. Councilmember Sherratt made a motion that the trees be kept trimmed to a maximum height not to exceed 35 feet. The motion was not seconded or voted upon as further discussion immediately ensued. In response to inquiry of Councilmember Gorman as to whether the 35 -foot maximum height would be feasible, Mike Anderson, East Bay Regional Park District, replied that it would be feasible. President Corica suggested a maximum of three trees in each clump. After further discussion, Councilmember Gorman made a motion, seconded by Councilmember Stone, that the compromise plan presented by East Bay Regional Park District be accepted with provisions that the height of trees be limited to 35 feet, the sides kept trimmed in the six -foot range for prevention of harboring criminals, and the number of trees in a group be three or less; the motion carried by unanimous voice vote - 5. 83 -018 Councilmember Gorman requested staff to check out provisions for undergrounding utilities for new commercial construction. FILING 83 -019 Agreement with Pacific Gas and Electric Company to provide gas facilities for Assessment District 81 -1, Harbor Bay Parkway Expansion. Agreement with Freddie M. Payne for Construction Inspection services. Renewal of existing Landscape Maintenance Contract with Cagwin and Dorward, Landscape Engineering Contractors, and approving increase in contract costs. ADJOURNMENT 83 -020 President Corica ordered the meeting adjourned to an Executive Session for a 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 Congressman George Miller as the Council adjourned. After discussion in Executive Session, it was determined that no action would be taken at this time. There being no further business to come before the meeting, the Council adjourned at 11:30 p.m. to meet in regular session January 18, 1933, at 7:30 p.m. Respectfully submitted, DEEN SPEEGLE, ity Jerk lanuav+v A 1000