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1983-09-06 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY SEPTEMBER 6, 1983 The meeting convened at 8:05 p.m. (at the conclusion of the Housing Authority Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Gorman. The Invocation was given by Rev. John Foley, Court Street Methodist Church. ROLL CALL Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. MINUTES Councilmember Monsef made a motion, seconded by Councilmember Hanna, that the Minutes of the Regular Adjourned Meeting of June 28, 1983, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the Consent Calendar be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *83 -448 From Public Works Director recommending acceptance of work by Monterey Mechanical Company for the construction of the Harbor Bay Parkway Sanitary Sewer Pump Station Improvements, No. P.W. 5 -82 -5. Approved. *83 -449 From Public Works Director recommending return of performance bond in the amount of $1,250.00 related to Tract 3598 (Baywood Village). Approved. *83 -450 From Public Works Director recommending accptance of work and return of performance bond in the amount of $25,000 for construction of Sea View Parkway from Aughinbaugh Way easterly to the west boundary line of Tract 3841. Approved. *83 -451 From Public Works Director recommending reduction of performance bond from 5250,000 to S60,000 for subdivision improvements within Tract 3904 (Bay Isle Pointe). Approved. RESOLUTIONS *83 -452 Resolution No. 10142 "Authorizing submittal of an application to the Office of Traffic Safety for grant funds for a Comprehensive Traffic Engineering Program." Adopted. *83 -453 Resolution No. 10143 "Adopting Plans and Specifications for improvements to Eighth Street and Portola Avenue Pump Station, calling for bids and directing City Clerk to advertise same." Adopted. *83-454 Resolution No. 10144 "Ordering vacation of pathway easement and a street lighting easement within Parcel 1 of Parcel Map No. 3964 and accepting realigned easements from Holvick deRegt K0eriDg.x Adopted. *83-455 Resolution No. 10145 "Adopting Plans and Specifications for repair and resurfacing of certain streets, Phase 3, calling for bids and directing City Clerk to advertise same.' Adopted. +83-456 Resolution No. 10146 "Authorizing execution of agreement with George Hills Co., Inc. for Interim Claims Administration Services." Adopted. *83-457 Resolution No. 10147 "Supporting the Residential Utility Ratepayers Inter- vener Program as provided in the Amendment to 3B-4 (Montoya)." Adopted. *83-458 Resolution No. 10148 "Resolution of Intention to order vacation of Leandro Street and portions of Market Street, fixing time and place for a hearing and order- ing publication and posting of notices." Adopted. *83-459 Resolution No. 10149 "Authorizing execution of extension of contract for purchase of services with Auto-Graphics, Inc. for Library catalog production." Adopted. INTRODUCTION OF ORDINANCES 83-460 Ordinance No. , New Series "Amending Section 9-1413 of the Alameda Municipal Code to allow dogs on the bicycle and walking path adjacent to Shoreline Drive." Finally adopted. 83-461 Ordinance No. , New Series "Authorizing transfer of certain real property to Encinal Industries, Inc. (Existing site of City's Corporation Yard and Animal Shelter)." Finally adopted. 83-462 Ordinance No. , New Series "Authorizing acquisition of certain real property from Encinal Industries, Inc. for a new Corporation Yard and Animal Shelter." Finally adopted. BILLS 83-463 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S157,839.77 RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 83-464 From Daniel F. Reidy, Attorney for the Community of Harbor Bay Isle Owner's Association, regarding installation of Cable on Harbor Bay isle." Mr. Riedy expressed appreciation for the City's efforts in addressing their concerns and requested these efforts continue to insure that landscaping on Harbor Bay Isle is maintained. Councilmember Hanna stated that installation of Cable is inspected by Public Works Director, and the Council should support him in his efforts to preserve landscaping. September 6, 1983 Councilmember Gorman noted that he had spoken with Mr. Soley of United Cable, and he had assured him they would replace any landscape damaged. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the communication be accepted and to reaffirm Councilmember Hanna's position that the Ccouncil support the decisions of the Public Works Director and that he monitor the installation closely; the motion carried by unanimous voice vote - 5. HEARINGS 83 -465 Hearing regarding participation in the Countywide Paramedic District. President Diament explained the procedures to be used in the hearing and called for proponents. Fred Cooper, Alameda County Supervisor, and Ben Matthews, Alameda County Health Care Services, spoke in favor of the County plan and holding a Work Session. The following persons spoke in favor of the Countywide Paramedic District: John E. Vickery, Jr., M.D., Emergency Medical Care Committee of Alameda County Jay Joseph Wideman, 1564 Pacific Patricia Stich, Alameda County Emergency Medical Care Committee James Pointer, Emergency Medical Services Agency On the call for opponents, the following persons spoke: Arthur H. Glaser, M.D., Alameda Hospital Peter Frith, Alameda Hospital Herbert Schub, M.D., Alameda Hospital Dr. Robert Deutsch, 2059 Clinton Avenue Jeptha T. Boone, M.D., Alameda Hospital The following persons spoke but took no position on the Paramedic Plan: Paul Cronenwett, M.D., 1729 Cornwell Drive Martha Killebrew, Red Cross Josephine Bixler, 814 Haight Avenue Councilmember Hanna recommended a Work Session be scheduled. The City Manager stated that he would schedule a Work Session next week. Councilmember Hanna made a motion that the matter be held in abeyance until after the Work Session had been held. Councilmember Lucas offered an amendment to the motion, accepted by Councilmember Hanna, that it be determined how much skill the Fire Department personnel could acquire. Councilmember Lucas seconded the motion, and it carried by unanimous voice vote - 5. President Diament requested additional local data. September 6, 1983 78 Councilmember Gorman requested information as to whether the City would be required to pay even if it did not join District; expense to operate program above the 510.00 per dwelling unit; comparison of cost to provide similar service by Fire Department; and analysis of effect on Alameda Hospital emergency services. REPORTS AND RECOMMENDATIONS 83 -466 From Chairman of Historical Advisory Commission recommending the Bureau of Electricity's surplus of S432,000 be allocated for projects involving preserva- tion of historic street lights. Gary Knecht, Member of Historical Advisory Commission, spoke in support of the recommendation and restoration of historic street lights. The City Manager stated that a study had been done regarding conversion of historic street lights and would be on an upcoming agenda. Councilmember Lucas made a motion, seconded by Councilmember Mosef, that the Historical Advisory Commission have an opportunity to review the report and submit a recommenda- tion to Council before the report is placed on a Council agenda; the motion carried by unanimous voice vote - 5. 83 -467 From Chairman of Golf Commission requesting that the yearly payback for the costs of the Mif Albright Course be changed from S50,000 per year for five years to S25,000 to enable the loan to be paid back over a ten -year period. Norma Arnerich, Chairman of the Golf Commission, spoke in support of the request and stated that the Chairman of the Golf Commission Finance Committee was out of town and the matter could be continued until his return. Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the matter be continued to obtain financial information from the Golf Commission Finance Committee Chairman -and after Capital Improvement Budget discussions; the motion carried by unanimous voice vote - 5. 83 -468 From Assistant City Manager regarding establishment of local Commission on Aging. The Assistant City Manager stated that a study group had been formed and provided three alternatives. He further stated that the study group was not unanimous but there was a feeling that there were already so many other groups that provide services to the elderly that a local Commission was not necessary. Bill Thomas, 1518 Pearl Street, #G, spoke in support of establishing a Commission on Aging. Deanna Johe, 3258 Ravens Cove Lane, stated that other groups serving the elderly did not want a group to oversee them. Councilmember Hanna made a motion, seconded by Councilmember Gorman, that a Commission on Aging not be created at this time. Councilmember Monsef stated it would be helpful to have a Commission to pull together senior activities in the City. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, and President Diament - 4. Noes: Councilmember Monsef - 1. Absent: None. September 6, 1983 RESOLUTIONS 83 -469 Resolution No. "Resolution consenting to the inclusion of the territory of the City in the formation of the County Service Area to be established for the provision of Paramedic Emergency Medical Services." President Diament noted this would be held over as a Work Session would be held on that matter. 83 -470 Resolution No. 10150 "Awarding contract to MJB Pipeline for the construction of Assessment District 81 -1 Harbor Bay Business Park Northerly Storm Drain System and authorizing execution thereof." Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the resolu- tion be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman,Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -471 Resolution No. 10151 "Approving Parcel Map No. 4112 for resubdivision of Parcels 2, 3 and 4 of Parcel Map No. 4013 and permitting recording thereof (Harbor Bay Business Park, Harbor Bay Isle Associates, Subdivider)." Councilmember Hanna made a motion, seconded by Councilmember Monsef,thatthe resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -472 Resolution No. 10152 "Approving Parcel Map No. 4124 for subdivision of Parcel 2 of Parcel Map No. 3895 and permitting recording thereof (Harbor Bay Business Park, Harbor Bay Isle Associates, Subdivider)." 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, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -473 Resolution No. 10153 "Adopting Specifications and Provisions for furnishing to the City of Alameda proposals for the towing of private vehicles within the City, calling for bids and directing City Clerk to advertise same." Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -474 Resolution No. 10154 "Awarding contract to Pacific /Fields (J.V.) for construc- tion of the Alameda Corporation Yard and Animal Shelter and authorizing execution thereof." Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES 83 -475 Ordinance No. , New Series "An Ordinance of the City of Alameda, California, approving the terms and conditions of a Member Agreement between Northern California Power Agency and certain participating members and authorizing the execution of and delivery of said agreement by officers of the City of Alameda (Phase III Agree- ment for Geothermal Project No. 3)." Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the ordinance be introduced; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -476 Ordinance No. , New Series "An Ordinance of the City Council of the City of Alameda, California, approving the terms and conditions of a Member Agree- ment between the Northern California Power Agency and certain participating members and authorizing the execution of and delivery of said agreement by officers of the City of Alameda (Third Phase Agreement for Transmission Facilities of the Geysers). Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the resolution be adopted; the motion carried by the following vote: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 83 -477 Consideration of appointment of Member to Planning Board. President Diament nominated Woodruff Minor for appointment to the Planning Board; the nomination was seconded by Councilmember Lucas and carried by the following vote: Ayes: Councilmembers Lucas, Monsef, and President Diament - 3. Noes: Councilmembers Gorman and Hanna - 2. Absent: None. 83 -478 United Cable Television construction schedule. Bill Thomas, 1518 Pearl Street, #G, spoke in support of imposing the penalty per the Franchise Agreement. Joseph 3221 Liberty Avenue, voiced opposition to the manner in which the vote was taken when the Franchise was awarded and read newspaper articles relative to United Cable Television. President Diament read the staff recommendation as follows: "It is recommended that the Council authorize staff to send the attached letter to United Cable T.V. of Alameda informing United of the City's intention to impose a 51,000 per day late compliance fee per the provisions of the Franchise Agreement." Councilmember Hanna stated that in reading the Franchise that perhaps an extra two days penalty could be imposed. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the letter attached to the report be sent to United Cable. Councilmember Hanna offered an amendment to the motion, accepted by Councilmembers Gorman and Monsef, that the City Attorney determine the day the imposition of penalty commences. The motion, as amended, carried by unanimous voice vote - 5. Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the meeting continue to 11:15 p.m.; the motion carried by unanimous voice vote - 5. NEW BUSINESS 83 -479 Councilmember Monsef referred to the recent Harbor Bay Isle Transfer and inquired whether it was actually a transfer of real property. The City Manager stated he had inquired of the County Assessor and would provide a report. September 6, 1983 83 -480 Councilmember Monsef inquired as to the status of the noise ordinance, and the City Manager stated it would be before the Planning Board again Monday. Councilmember Gorman suggested a meter be obtained so Councilmembers could check the actual noise levels. FILING 83 -481 Specifications and Provisions relative to towing of private vehicles. Plans and Specifications for improvements to Eighth Street and Portola Avenue Pump Station. Plans and Specifications for repair and resurfacing of certain streets, Phase 3. Agreement with George Hills Co., Inc. for Interim Claims Administration Services. Extension of contract for purchase of services with Auto - Graphics, Inc. for Library catalog production. ORAL COMMUNICATIONS, GENERAL 83 -482 Rich Kinney, 4412 Masterson Street, Oakland, stated that he had submitted a design for a proposed flag for the City of Alameda and would like to see some action initiated to have a City flag. President Diament appointed Councilmembers Lucas and Monsef as a Committee to study the matter of a flag for the City and stated that the Chamber of Commerce should also become involved. ADJOURNMENT President Diament ordered the Council adjourned to an Executive Session for discussion of personnel and litigation matters. As the Council adjourned to Executive Session, the Council, staff, and members of the community stood in a moment of silent tribute to James Massie and LeRoy Valley. At the conclusion of 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 11:40 p.m. to meet in regular session Tuesday, September 20, 1983, at 7:30 p.m. Respectfully submitted, DEEN SPEEGLE City Clerk September 6, 1983