1983-08-22 Adjourned Regular CC MinutesREGULAR ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD MONDAY AUGUST 22, 1983
The meeting convened at 5:00 p.m. with President Diament presiding.
ROLL CALL: Present: Councilmembers Gorman, Hanna, Monsef and President Diament - 4.
Absent: Councilmember Lucas - 1.
83 -442 Resolution No. "Awarding contract to Pacific /Fields and Clark and Yates
(J.V.) for construction of the Alameda Corporation Yard and Animal Shelter and authorizing
execution thereof."
The Assistant City Manager stated that the City Attorney recommended passage of a sub-
stitute resolution rejecting all bids and advertising for new bid proposals to be opened
on the 30th of August.
President Diament suggested Council consider the substitute resolution at this time.
Councilmember Gorman made a motion, seconded by Councilmember Monsef, the substitute
resolution be considered at this time; the motion carried by the following vote:
Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: None.
Absent: Councilmember Lucas - 1.
83 -442a Resolution No. 10139 "Rejecting all bids received for construction of the Alameda
Corporation Yard and Animal Shelter, calling for new bid proposals and directing City
Clerk to advertise same."
Richard Frank Renton, Attorney for MCG Contractors, and William R. Veale, President of
MGC Company, spoke in support of the resolution.
Allen Kent, Attorney for Pacific Fields and Clark and Yates, Joint Venture, explained
their position and stated Pacific Fields and Clark and Yates, JV, would require an
indemnity agreement from the City if awarded the contract and new bid proposals were not
requested.
The City Attorney stated the California Constitution forbids lending of credit to
private persons by a public entity.
Councilmember Monsef made a motion, seconded by Councilmember Gorman, the substitute
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Monsef and President Diament - 4. Noes: None. Absent: Councilmember
Lucas - 1.
FINAL PASSAGE OF ORDINANCES
83 -443 Ordinance No. 2154, N.S. An Ordinance approving and authorizing execution of
Lease Agreement relating to Corporation Yard Facilities."
Bill Madison, Jones, Hall, Hill & White, explained the legal documents submitted for
Council approval.
Patrick Maloney, Attorney representing Ellmark Associates, and Mr. Richard Baker,
Ellmark Associates, spoke in detail about Ellmark's proposed bid.
August 22, 1983
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Richard Berwitz, Merrill Lynch Capital Markets, and Michael Redcross, Kelling &
Company, addressed the Merrill Lynch bid.
After considerable discussion, Councilmember Gorman made a motion, seconded by
Councilmember Monsef, to accept the staff recommendation and move final passage of
ordinance; the motion carried by the following vote: Ayes: Councilmembers Gorman,
Hanna, Monsef and President Diament - 4. Noes: None. Absent: Councilmember Lucas -
83 -444 Resolution No. 10140 "A Resolution approving and authorizing execution of
Agency Agreement, Trust Agreement and related legal documents pertaining to Corporation
Yard Facilities."
Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the
resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Monsef, and President Diament - 4. Noes: None. Absent: Councilmember
Lucas - 1.
83 -445 Resolution No. 10141 "A Resolution approving Official Statement and Purchase
Agreement pertaining to Corporation Yard Facilities and authorizing execution thereof."
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the resolution
be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman,
Hanna, Monsef, and President Diament - 4. Noes: None. Absent: Councilmember
Lucas - 1.
ADJOURNMENT
Councilmember Gorman made a motion, seconded by Councilmember Monsef, to adjourn
the meeting to an Execution 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 6:20 p.m. The next Regular Council Meeting will be held Tuesday, September 6, 1983,
at 7:30 p.m.
Respectfully submitted,
DIANE FELSCH
Deputy City Clerk
August 22, 1983