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1977-11-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 1, 1977 The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of Allegiance was led by Vice Mayor Diament, followed by an Invocation delivered by the Reverend Boyd Jackson, Pastor of the Calvary Christian Center. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman and President Corica, (5), were noted present. MINUTES: 1. Councilman Sherratt requested the minutes of the October 18 meeting be corrected at Item 13, paragraph 2, to exclude from the travel budget trips policy all confer- ences or meetings not requiring overnight lodging. Councilman Beckam moved the minutes of the special meeting of October 5, and the regular meeting of October 18, 1977, as corrected, be approved; seconded by Councilman Tillman and carried unanimously on voice vote. Councilman Sherratt abstained from voting on the minutes of the special meeting of October 5, due to his absence. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 2. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8816 Appointing Member of the Golf Commission." (Harold T. Tebaldi) The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 3. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8817 Appointing Member of the Recreation Commission.' (Paul R. Kapier) The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. On request, the City Clerk administered the Oaths of Office to Messrs. Tebaldi and Kapler. The meeting returned to the regular order of business. WRITTEN COMMUNICATIONS: 4. From Mr. R. G. Fleischmann, Secretary of the Porta Ballena Homeowners Association, regarding speeding on Bellena Boulevard and requesting a warning sign be posted. President Corica stated the communication had been referred to the Police Department for report and, if needed, will then be referred to the Traffic Advisory Committee. 5. From Mr. Brent G. Ryder, Chairman of the Alameda Heritage Days Committee, request- ing support for a centennial celebration during June, 1978. Mr. Ryder asked that the city become the major sponsoring body of the Committee. He reviewed the planned activities which would culminate with the Fourth of July Parade; noted that city-wide organizations and businesses would contribute financially and by giving time to the project, which it was hoped would be completely self-supporting; requested a Council resolution appointing the Committee as an official steering committee; and inquired concerning the availability of a CETA employee to provide secretarial and general office help. President Corica noted it was not known at this time whether or not the city would endorse a fireworks display. Mr. Ryder reported that Mr. William McCall would again chair the Parade Committee and this would be discussed when the Committee was re- activiated. He asked the members of the Council to suggest names of persons to serve on both the Main Steering Committee and Coordinating Committee, and stated he would contact the City Manager at a later date for these suggestions. He reiterated they were only seeking support from the City Council, and not financial assistance. Following discussion, Councilman Beckam moved Council endorsement of the project; that a resolution be prepared for consideration at the next regular meeting naming the Alameda Heritage Days Committee as an official committee; and requested a report from the City Manager for the next meeting regarding the possibility of CETA clerical assistance. The motion was seconded by Councilman Diament and on voice vote carried unanimously. 6. From Lt. Col. K. J. Loughan, 3288 Encinal Avenue, regarding funding for the Fernside Extension. President Corica reported Col. Loughan's communication questioned the disposition of moneys not utilized because of the overfunding of a specific project. On request, the City Engineer explained the procedure followed over past years in the allocation and accounting of Mayors' Formula Funds and other gas tax moneys. Councilman Beckam suggested the allocation of funds from one project to another should come before the Council as a policy matter, and the Council be advised on all projects so as to know where the money is being committed. The Council concurred. Councilman Sherratt requested the City Engineer's report of September 28, 1977, concerning the reallocation of unspent Mayors' Formula Funds, be placed on the Council agenda of November 15 for consideration of approval. Mr. Joseph Sullivan remarked it was his understanding that over the past number of years funds originally allocated to the Fernside Extension project had been diverted to other projects, as it appeared the Fernside project was unlikely; that it seemed to him only reasonable that a more limited amount should not be placed back into the fund. 7. From Mr. Phil Long, 3225 Garfield Avenue, resigning from the City Planning Board. Councilman Beckam moved acceptance of the resignation with regret, to be effective upon Mr. Long's moving from the city. The motion was seconded by Councilman Diament and carried unanimously on voice vote. 8. From Vermont Engineers, 616 Derby Street, Oakland, requesting the City Council to reverse its decision to rescind the award of contract for the fiscal year contract to install house laterals. The communication was referred to the report on the subject. REPORTS AND RECOMMENDATIONS: 8. From the City Manager recommending the contract for the Installation of House Laterals be awarded to BEPCO, Inc. President Corica asked if there were anyone in the audience who wished to speak as a representative of Vermont Engineers. There was no response. Councilman Sherratt then moved acceptance of the communication from Vermont Engineers, and that the prior decision of the City Council to rescind award of the contract and retain the bid deposit be upheld. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. Councilman Beckam moved award of the contract to BEPCO, Inc., seconded by Councilman Sherratt, carried by unanimous voice vote. 9. From the Planning Board, signed by the Secretary, submitting recommendation on Tentative Map for Tract 3883, located at 520-530 Central Avenue. President Corica stated this report and the resolution on the subject would be continued to the next regular meeting of November 15 for consideration. 10. From the Assistant to the City Manager requesting authorization to obtain an appraisal on Belt Line property in connection with the Atlantic Avenue Bike Trail Project. Councilman Beckam moved acceptance of the report and approval of the recommendation. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. 11. From the Deputy City Attorney regarding Ordinance and Resolutions respecting Annexation Agreement between the Port of Oakland and the City of Alameda. President Corica reported the application for annexation had been approved by LAFCO (Local Agency Formation Commission), after having gone through the proper procedures. On question, City Attorney Stroud stated no public hearings were required to be held by the City Council as the area to be annexed was not inhabited. Councilman Beckam noted there had been opportunity for public input when the matter had previously been before the Council. He moved acceptance of the report and that the resolutions and ordinance for introduction be taken out of order, seconded by Councilman Tillman and carried unanimously on voice vote. RESOLUTIONS: 12. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8818 Initiating on its Own Motion Proceedings to Annex Certain Territory and to Approve Said Annexation Without Notice and Hearing." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8819 Approving Annexation of Certain Territory. " The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 14. Councilman Sherratt introduced the following ordinance, after hich it would be laid over under provision of law and the Charter: "Ordinance No. New Series Authorizing the Transfer of Certain City-Owned Property to the City of Oakland." The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15. Councilman Sherratt introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 7-1112 Thereof Relating to Conditions and Amounts of Public Motor Vehicle Liability Insurance Required by City." The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16. Councilman Beckam, introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Article 2 to Chapter 13 of Title III Thereof, Establishing a Dwelling Unit Tax for Mass Transit and Non-Motorized Transit Purposes." President Corica questioned whether the Council had sufficient information on the matter at this time, and further questioned the actual use of funds which would be obtained. Councilman Tillman noted that at the previous meeting of the City Council the subject of imposing an additional dwelling unit tax for transit purposes had been discussed, and the City Attorney had been requested to look into the matter and prepare an ordinance for consideration. He said it was his thought that the ordi- nance should contain a provision for the use of the funds, should a transit system not become a reality. City Attorney Stroud reported he had been requested to prepare the ordinance, how- ever there had been no further discussion or staff input. There followed a lengthy discussion covering possible uses of the funds. Councilman Beckam called attention to the Planning Board's recommendation that an independent study be made to determine how to maximize transit ridership and minimize the use of automobiles; that the study should include but not be limited to the feasibility, including cost analysis, of instituting and operating special transit service for Bay Farm Island. He remarked there were other areas in the city which would benefit from some form of transit service, and these should also be included in the study. It was brought out that if after thorough evaluation it was determined not feasible, the ordinance could be repealed. Mrs. Inez Kapellas questioned whether a mass transit system within the city would pay for itself in future years. Mr. Joseph Sullivan suggested that rather than impose an additional Dwelling Unit Tax, the Council reconsider establishing a property transfer tax. At the conclusion of discussion, Councilman Sherratt seconded the motion to intro- duce the ordinance, which motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 17. "Ordinance No. 1890, New Series Authorizing Approval and Execution of Settlement Agreement Between City and Harbor Bay Isle Associates Relating to Public Lands Obligations of Harbor Bay Isle Associates for its 915 Acre Project on Bay Farm Island." City Attorney Stroud noted the Board of Education had requested the ordinance be amended and adopted as an urgency measure, however had now withdrawn their request. On request, Mr. Clarence Kline, Superintendent of Schools, stated their immediate concern was to identify the specific acreage which would be available for school purposes, and to obtain a deed of ownership in order to apply for funds for the school; that they had been unable thus far to get a legal description of the property nor were they able to get a time line as to when this might occur. He reported their deadline for submitting the application for funds was February, 1978, and this was the reason they had requested the urgency clause in the ordinance. He asked the City Attorney for an explanation of the difference between a regular ordinance and one adopted as an urgency measure, which was supplied. Mr. Kline said there was a possibility that Mr. Ron Cowan, President of Harbor Bay Isle Associates, would leave the area within the next two or three weeks for an extended period of time, and they were in doubt as to wh ether or not the deed could be signed and the transaction concluded during his absence. Mr. Oscar Berry, Vice President of Harbor Bay Isle Associates, reported they had been discussing the matter of the school site with the School District staff and anticipated several further meetings within the next week, and they would expect that any differences could be resolved by November 8. He said he believed the signatures would be available to execute any transaction which might be necessary, and he did not feel there was need for the urgency clause. Following discussion, Mr. Kline stated that under the conditions indicated by Mr. Berry, they would prefer the ordinance go through the normal process. Councilman Sherratt moved the ordinance be passed as submitted. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: Councilman Diament, (1). Absent: None. Councilman Diament explained her "No" vote by stating that she would be in favor of the Settlement Agreement if it covered only the first four Villages. 18. "Ordinance No. 1891, New Series Amending the Alameda Municipal Code by Amending Section 3-1313 of Article 1 of Chapter 13, Title III Thereof, Relating to a Tax Upon Construction of Residential Units." Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. BILLS: 19. An itemized List of Claims against the City of Alameda and the Departments thereof in the amount of 5255,685.87, was presented to the Council at this meeting and was accompanied by certification from the City Manager that the claims shown were correct. Councilman Diament moved the bills as itemized in the List of Claims filed with the City Clerk on November 1, 1977, and presented to the City Clerk at this meeting be allowed and paid. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. FILING: 20. Bureau of Electricity Financial and Operating Report for two months ended August 31, 1977. 21. City of Alameda Financial Report as at September 30, 1977. ADJOURNMENT: 22. There being no assemble in regular further business, the meeting was adjourned at 9:05 p.m. to session on Tuesday, November 15, 1977, at 7:30 o'clock p.m. RespectfuTly submitted, City Clerk 2