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1983-10-04 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY OCTOBER 4, 1983 The meeting convened at 8:20 p.m. (at the conclusion of the Housing Authority Meeting) with President Diament presiding. The Pledge of Allegiance was led by Vice Mayor Hanna. The Invocation was given by Rev. Charles Dubbs, First Christian Church. ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. MINUTES Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the Minutes of the Regular Council Meetings of July 19 and August 2, 1983, be approved as sub- mitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR President Diament announced that the resolution regarding application for Urban Development Action Grant Funds had been withdrawn from the Consent Calendar for discussion later in the meeting. Councilmember Lucas made a motion, seconded by Councilmember Hanna, that the follow- ing remaining items on 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 adopted or enacted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *83 -483 From Secretary of Planning Board recommending a hearing be scheduled October 18, 1983, regarding rezoning from R -4 -G, Neighborhood Apartment Special Government Combining District, to C -1, Neighborhood Commercial Business District, a parcel at the southeast corner of Main and Atlantic. Approved. *83 -484 From Public Works Director recommending acceptance of improvements and release of bond for Tract 3645 (Bay Isle Pointe) and a new bond to cover final improvements adjacent to the model complex within the tract. Approved. *83 -485 From Public Works Director recommending release of Performance Bond in the amount of 510,800 for improvements in Tract 4772, Holly Street /Mecartney Road. Approved. RESOLUTIONS *83 -485 Resolution No. 10168 "Authorizing open market purchase of three used cars for the City's Car Pool." Adopted. *83 -486 Resolution No. 10169 "Authorizing execution of Subdivider's Agreement for Tract 4545 with Driftwood Investors to incorporate all the terms of the original Subdivider's Agreement as adjusted and to extend the time for completion of improvements.' Adopted. October 4, 1983 FINAL PASSAGE OF ORDINANCES *83-487 Ordinance No. 2160, New Series "An Ordinance approving and authorizing execution of Lease Agreement relating to Corporation Yard facilities." Finally adopted. *83-488 Ordinance No. 2161, New Series "An ordinance of the City Council of the City of Alameda, approving the term5aDdCUDdit10OS of an amendment to a member agreement between Northern California Power Agency and certain participating members, and authorizing the execution of and delivery of said amendment by officers of the City of Alameda (Geothermal Generating Project Number 3)," Finally adopted. *83-489 Ordinance N0, 2162" New Series "An ordinance of the City Council of the City of Alameda, approving the terms and conditions of an amendment to a member agreement between Northern California Power Agency and certain participating members, and authorizing the execution of and delivery of said amendment by officers of the City of Alameda (North Fork 5tDDi3laU3 River Hydroelectric Development Project).« *83-490 Ordinance No. 2153, New Series "An ordinance granting to Alameda Belt Line, a Railroad Corporation, its successors and assigns, the right to use portions of certain streets, highways, and properties within the City of Alameda, for the purpose of the acquisition, construction, maintenance and operation of a Belt Line Railroad upon, along, and across designated portions of said streets, highways, and properties." Finally adopted. BILLS *83-491 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of 825,826.52. RETURN TO REGULAR AGENDA HEARINGS 83-492 Hearing regarding proposed vacation of Leandro Street and portions of Market Street. The Public Works Director stated that this matter is in conjunction with the Fernside Boulevard Extension, and the City entered into an agreement with Paul Wood to aban- don the streets not needed for construction. President Diament explained the procedures to be used in the hearing. On the Call for proponents, John Barni, Jr,, 1277 Bay Street, representing Paul Wood, spoke in favor of the abandonments. On the call for opponents, there were no speakers. C0unCil0e0ber Hanna inquired whether the abandonment procedure would apply to the excess parcel of property at Fillm0re Street and Fernside Boulevard. The City Attorney recommended the matter be handled by deed inasmuch as the property been acquired deed. had by � h i d hv d��� He further recommended the resolution be amended to delete references to the parcel of property by deleting #2 on page 1 and the second page of Exhibit B attached to the resolution. October 4, 1983 Councilmember Gorman made a motion, seconded by Monsef, to close the hearing and amend the resolution as recommended by the City Attorney; the motion carried by unanimous voice vote - 5. RESOLUTIONS 83 -493 Resolution No. 10170 "Finding and determining Leandro Street and portions of Market Street, public streets in the City of Alameda, are unnecessary for present or prospective street purposes; finding no reservation of easement therein necessary; ordering the vacation thereof and directing City Clerk to cause certified copy of this resolution to be recorded." Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the reso- lution be adopted as amended; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -494 Resolution No. "Appointing Woodruff C. Minor a Member of the City Planning Board." Councilmember Lucas made a motion that the resolution be adopted; the motion FAILED for lack of a second. 83 -495 Resolution No. 10171 "Authorizing reprogramming of prior year's unexpended Community Development Block Grant Funds to ninth year activities." The Community Development Director stated that staff is requesting reprogramming funds as it is anticipated HUD will hold back, at least temporarily, Jobs Bill Money and 9th year funds, and the City is obligated to proceed with our Housing Assistance Plan (HAP) and to try and complete Public Works Projects currently underway. Donald Dukes, Member of Formation Committee of Certified Development Corporation, spoke in support of the resolution. Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the resolution be adopted. Councilmember Lucas stated that she opposed creating additional low income housing. Councilmember Monsef stated that he also opposed additional low income housing. The City Manager stated that there would be no new construction, but rehabilitation work would be done on units currently not inhabited and space over commercial opera- tions. Upon call of the roll, the motion to adopt the resolution carried by the following vote: Ayes: Councilmembers Gorman, Hanna, and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None. Will Garfinkle, 2938 Northwood Drive, expressed concern regarding noise near units in the commercial areas. Councilmember Hanna made a motion, seconded by Gorman, that the $50,000 targeted for Brush Street Improvement District be used to pay the City's share, the School District's share, and any property owners who qualify, for assessment assistance under the Community Development Program. � �� 4 �.~ Councilmember Lucas stated that funds are designated because it is a low income area and should not be imposed on adjacent property owners. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. 83-496 Resolution No. 10172 "Awarding contract to Kennedy/Jenks Engineers for the preparation of Plans and Specifications for the design of Phase TI and Phase III, Alternate H, of the North Side Drain and authorizing execution thereof." Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83-497 Resolution No. 10173 "Resolution supporting HR 1176 to lift the sunset provision for Mortgage Revenue Bonds." Councilmember Lucas stated that it was her understanding that the legal and banking fees were high, and some legislators are working on a more efficient manner of assisting first time home buyers. Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. 83-498 Resolution No. 10174 "Authorizing open market purchase of trash receptacles for Webster Street and for Lincoln Avenue between Sherman Street and Bay Street." Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted. Councilmember Hanna offered an amendment to the resolution, accepted by Councilmembers Lucas and Monsef, that it be amended to authorize purchase of 35 trash receptacles; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83-499 Resolution No. 10175 "Resolution of the City Council of the City of Alameda settling S4,900,000 principal amount of City of Alameda 1983 Tax and Revenue Antici- pation Notes and authorizing official action." 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. 83-500 Resolution No. 10176 "Authorizing execution of agreement between the City Of Alameda, the City of Oakland and Price Waterhouse and Company to conduct a Joint Refuse Rate Study." Councilmember Hanna made a motion, seconded by Councilmember Monsef, 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. October 4, 1983 Councilmember Hanna noted that when checking Housing Authority bills, there were two items - one was about 5800 to Oakland Scavenger Company and one was about S500 to Alameda Disposal Company. He further noted that upon investigation, he found that when drop boxes are placed in. Alameda, income goes to Oakland whereas ordinary garbage pickup income goes to Alameda Disposal, perhaps allowing more industrial income to accrue to Oakland. He further stated that the argument had been used that Alameda residential rates are higher because we do not have enough industrial service, and he would offer the information to the City Manager for negotiations. INTRODUCTION OF ORDINANCES 83 -501 Ordinance No. , New Series "Repealing Ordinance No. 2045 N.S (Established the Housing Commission of the City of Alameda)." The following persons spoke in opposition to adoption of the ordinance: Helen Dodt, 1723 Chapin Street Eleanor Wiley, 1402 Santa Clara Pamela MacKenzie, 11292 Pearl Street William Trujillo, 414 Fairway Place Wilford Garfinkle, 2938 Northwood Drive Linda Pritchard, 3263 San Jose Avenue President Diament spoke in opposition to the ordinance stating that she felt differences could have been worked out with good will on both sides and that she felt the Commission had done a good job. Councilmember Monsef made a motion, seconded by Councilmember Hanna, that the ordi- nance be introduced; the motion carried by the following roll call vote: Ayes: Councilmembers Gorman, Hanna, Lucas, and Monsef - 4. Noes: President Diament - 1. Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the Housing Commission cease all activities on behalf of the Housing Authority as of this moment; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, and Monsef - 4. Noes: President Diament - 1. Absent: None. UNFINISHED BUSINESS President Diament stated that the resolution withdrawn from the Consent Calendar would be considered at this time. RESOLUTIONS 83 -502 Resolution No. 10177 "Authorizing the preparation of an application for Urban Development Action Grant Funds on behalf of Revoir Development Company." Councilmember Lucas requested more detailed information and made a motion that the resolution be held over for consideration at the next Council meeting; the motion FAILED for lack of a second. The Community Development Director stated that this resolution authorized prepara- tion of an application, and the completed application will come before the Council for authorization to submit the application. Jim Revoir, Revoir Development Company, explained the status of design plans for the buildings that would be involved. October 4, 1983 Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. NEW BUSINESS 83-503 President Diament appointed Councilmember Monsef to the Board of Directors of the East Bay Division, League of California Cities. 83-504 Councilmember Gorman inquired regarding the status of negotiations relative to City-owned land at Todd Shipyards and whether there were problems. He also asked what could be done on both the City's parcel and Todd's parcel relative to rebuilding as it relates to aircraft safety zones. The City Manager stated that a meeting would be held next week, but the date had not been confirmed. 83-505 Councilmember Lucas stated that the Alameda County Training and Employment Board/Associated Community Action Program (ACTEB/ACAP) had voted to accept the City of Berkeley, and a new Joint Powers Agreement would be rSQUir2d. She dis- tributed a letter to the Council from ACTEB/ACAP regarding that matter. FILING 83-506 Agreement between City of Alameda, City of Oakland and Price Waterhouse and Company to conduct a Joint Refuse Rate Study. Subdivider's Agreement for Tract 4545 with Driftwood Investors. ADJOURNMENT President Diament ordered the meeting adjourned to Executive Session for a discussion of personnel 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 11:00 p.m. to meet in regular session Tuesday, October 18, 1983, at 7:30 p.m. Respectfully submitted, DEEN SPEEGLE City Clerk October 4, 1983