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1985-02-19 Regular CC MinutesMEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY FEBRUARY 19, 1985 The meeting convened at 7:30 p.m. (at the conclusion of the Community Improvement Commission meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. The Invocation was given by Reverend Martell Twitchell, retired. ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES The minutes of the regular Council meeting held February 5, 1985, were approved as written on a motion by Councilmember Gorman, seconded by Councilmember Hanna, which carried by unanimous voice vote - 5. CONSENT CALENDAR Councilmember Lucas moved, and Councilmember Hanna seconded the motion, that the Consent Calendar be adopted. The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *85-093 From Finance Director on City's Investment Portfolio as of January 31, 1985. Approved. *85-094 From Planning Director requesting Council to set a hearing date of March 5, 1985, for General Plan Amendment, GPA-84-6, to change the CLUP designation of 1200 to 1222 and 1201 to 1229 Park Street from Neighborhood Commercial to General Commercial, and for 2316 San Antonio Avenue from Neigh- borhood Commercial to Spec;.1 Single Family. Approved. *85-095 From Planning Director requesting Council to set a hearing date of March 5, 1985, for rezoning 81-5 at 1200 to 1222 and 1201 to 1229 Park Street, and 2316 San Antonio Avenue. Approved. RESOLUTIONS *85-096 Resolution No. 10546 "A resolution accepting Quitclaim Deed from Southern Pacific Transportation Company for the Patton Way Project (Thau Way)." Adopted. FINAL PASSAGE OF ORDINANCES +85-097 Ordinance No. 2227, N.S. "An ordinance authorizing acquisition of property from Peralta Community College District for the Patton Way Project (515 square feet, more or less, Parcel No. 47004\'x Finally adopted. BILLS *85-098 An itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $122,144'75. February 19, I985 � ~~~- ��� RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 85-099 From Gary W. McAfee, 2614 Bayview Drive, regarding the Patton Way Project. Councilmember Hanna moved that the communication be accepted for filing and that Mr. McAfee be notified accordingly. Councilmember Gorman seconded the motion. Gary McAfee commented regarding his proposal for alternatives to Phase III of Patton Way and extension to Westline Drive. Response to Mr. McAfee's remarks was provided by the Public Works Director. After comment by some of the Councilmembers, a vote was taken on the motion to accept the communication for filing. The motion carried by unanimous voice vote - 5 85-I00 From J. Michael Duca, President, Baywood Village Board of Directors, regarding the proposed rezoning and expansion of the Harbor Bay Isle Business Park. Mr. Duca addressed Council regarding his concerns that the Planning Board Presi- dent may have a conflict of interest with proposed rezoning and expansion of Harbor Bay Business Park and requested that the City Attorney obtain a formal written opinion from the Fair Political Practices Cmmxission (FPPC). Mr. Duca also expressed concern regarding the manner in which Planning Board meetings are conducted. Mr. Duca's comments are contained in a written report which he distri- buted to Council at this meeting. The City Attorney reported that he had obtained an oral opinion from FPPC counsel which would indicate that no conflict exists. It was moved by Councilmember Gorman that the communication be accepted and that the City Attorney be directed to gather additional information as suggested in the City Attorney's written report; the City Attorney should then report back to Council who, at that time, would make a decision as to whether or not a formal written opinion should be requested from FPPC. The motion was seconded by Council- member Hanna and carried by the following vote: Ayes: Councilmembers Gorman, Hanna and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None. HEARINGS 85-10I Hearing regarding public hearing notices of Zoning Ordinance amendments. The Planning Director noted that the Planning Board was recommending that Council consider an amendment to the proposed Ordinance which would require publication Of notices twice rather than only once as required by State law. Councilmember Monsef questioned the adequacy of two quarter-page advertisements to advise property owners of contemplated downzoning. The Planning Director emphasized that posting in the vicinity of proposed rezoning would also be continued, and these methods of notification have reportedly been adequate in Other jurisdictions. President Diament declared the public hearing open. There were no speakers on the call for either proponents or opponents. Councilmember Gorman moved that the hearing be closed and that the applicable ordinance be considered for February 19, 1985 introduction at this time, and Councilmember Hanna seconded the motion which Carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 85-102 Ordinance No. , N.S. "An ordinance amending the Alameda Municipal Code by adding Subsection (c) to Section 11-174 thereof relating to public hearing notices of Zoning Ordinance amendments." Councilmember Lucas moved for introduction of the Ordinance with inclusion of the proposed change as recommended by the Planning Board to require publica- tion of notices twice at least ten days prior to the hearing; Councilmember Monsef seconded the motion, which carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President DidmeDt - 5. Noes: None. Absent: NUne, REPORTS AND RECOMMENDATIONS 85-103 From Chairman of the Historical Advisory Commission recommending the replacement of Lincoln Park's stolen plaque. David Plummer, I401 High Street, Chairman of the Historical Advisory Commission (HAC), spoke in support of the Commission's request. Fred Scullin, I120 Chestnut Street, also commented in favor of replacement of the plaque. The Recreation and Parks Director recommended that the HAC request the Recre- ation Commission to work with then in developing funding for replacement of the Lincoln Park plaque. The City Manager stated that HAC and the Recreation Commission must work together in finding a solution, and noted that funding is available in the budget. Councilmember Hanna moved that the report and recommendation be accepted; the motion was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. 85-104 From Director of Recreation and Parks regarding the Golf CCUrs2, Charles Tillman, 2415 Roosevelt Drive, distributed a written report to Council which outlined his concerns regarding the Golf Course R2pUrt, He suggested that this Report should include figures from the Deloitte Haskins & Sells Report under Section 4 of the Assistant City Manager's Report. Mr. Tillman also voiced concerns regarding management of the Golf Course. Following Council's discussion of the concerns raised, it was moved by Council- member Gorman, and seconded by Councilmember Hanna, that the staff report and recommendation be accepted and that an updated report be provided next y2ar. The motion carried by unanimous voice vote - 5. Councilmember Monsef moved that Council request staff to prepare a comparative cost study regarding the feasibility of an on-site Golf Course Manager and report back to Council. Councilmember Lucas seconded the motion, which carried by the following vote: Ayes: C0UOCilmembers Hanna, Lucas and Monsef - 3. Noes: Councilmember Gorman and President Didment - 2. Absent: None. February 19, 1985 85-I05 From Public Works Director recommending an extension of time for realignment and reconstruction of Eighth Street, P.W. No. 10-82-18. Councilmember Hanna moved that the report and recommendation for extension of time to March 30, 1985, be accepted. Councilmember Lucas seconded the motion. The Public Works Director responded to inquiries from Council regarding progress of the project. The motion carried by unanimous voice vote - 5. 85-I06 From Public Works Director recommending an extension of time for repair and resurfacing of certain streets, Phase 4, P.W. No. 7-84-17. The report and recommendation for extension of time to April 1, 1985, was accepted by motion of Councilmember Hanna, seconded by Councilmember Lucas, which carried by unanimous voice vote - 5. 85-107 From Public Works Director recommending extension of time of two years, to January 6, 1987, in which to complete the improvements for Tracts 4122 and 4382 (Harbor Bay Isle Villages 4 and 3 North, respectively), and an extension of time of three years, to January 6, 1988, in which to complete the improvements for Tracts 4540, 4542, 4543 and 4544 (Harbor Bay Isle Village 4) Michael Duca, 301 Holly Oak Lane, referred to various sections of the State Subdivision Map Act, the Government Code, and the Alameda Municipal Code which he stated specify the imposition of improvement bonds and the terms under which such security may be released. Mr. Duca challenged the extensions of time requested, stating that Council should require reinstitution of previously released subdivision bonds if extensions are to be granted. The City Attorney explained that bonds would be required to be resubmitted at such time as construction proceeds. He stated that Council's previous action* to release the bonds was not inappropriate. Fred Scullin, 1120 Chestnut Street, noted that the developer was requesting an extension of time and that Council had the option of granting this extension and attaching certain conditions thereto if they so desired. He emphasized that the sooner the development proceeds, needed housing will be available and on the City's tax rolls. The City Attorney responded to specific inquiries from Councilmembers regarding previous action to release the subdivision bonds. He stated that he believed the necessary codes were satisfied at the time of approval of the subdivision, and he did not believe that any codes were violated in the relinquishment of the bonds to the developer when the project was postponed. Councilmember Gorman moved that Council accept the report and recommendation and grdOt the requested extensions as specified. Councilmember Hanna seconded the motion, which carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas and President Diament - 4. Noes: Councilmember Monsef - 1. Absent: None. (Note: President Diament called a brief recess at this time. *Council action at the Council meeting of April 26, I983. February 19, 1985 85-I08 Resolution NO, l0547 "8 resolution authorizing execution of Escrow Agreement and Temporary Loan of General Fund Reserve monies for Patton Way, Phase I." It was moved by Councilmember Lucas, seconded by Councilmember Monsef, that the resolution be Od0pted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: N0De, Absent: None. 85-109 Resolution No, 10548 "A resolution authorizing execution of Rental Rehabilitation Agreement and amendments thereto with the Department of Housing and Urban Development." Councilmember Hanna moved, and Councilmember Gorman seconded the motion, that the resolution be dd0pted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: N0Oe, 85-110 Resolution No. 10549 "A resolution awarding contract to B & L Construction Co. for Regent Street Sanitary Sewer Reconstruction." A motion for adoption of the resolution was made by Councilmember Lucas, and seconded by Councilmember Hanna. The motion carried as follows: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-I11 Resolution No. I0550 "A resolution authorizing an inter-fund loan from the Sanitary Sewer Service Fee Fund of 5440,000 to seal the Alameda City Disposal site, and authorizing execution of agreement with Bay Cities Paving and Grading to supply materials therefor." In response to Councilmember Lucas' inquiry, the City Manager confirmed that he had reviewed this matter with the City Attorney who advised that sealing the dump site would represent a legal use of the Sewer Fund. He noted that the fund would be repaid so no interest would be lost. Councilmember Lucas moved for adoption of the resolution, and Councilmember Hanna seconded the motion. The City Manager, in response to Council inquiries, described the materials that would be used to seal the dump site. Adoption of the resolution was by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - S. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES 85-112 Ordinance No. ,M.3. "An ordinance amending the Alameda Muni- cipal Code by adding Section I10579 thereto relating to exemption from provi- sions of the Alameda Noise Ordinance of recreational programs or activities conducted within City parks between the hours of 9:00 a.m. and I0:15 p.m." A motion for introduction of the ordinance was offered by Councilmember Monsef, and seconded by Councilmember Gorman. February 19, 1985 Discussion of the proposed ordinance followed. Councilmember Hanna commented that it was his understanding, as the motion specified at the previous Council meeting, that the amendment was to indicate exemption for recreational activities to the hour of 10:15 p.m. without exception. He noted that the words "without excep- tion" did not appear in the proposed amendment. He was concerned that baseball games would continue for fifteen or twenty minutes past this time, and he emphasized that noise should cease by 10:15 p.m. without exception. The City Attorney explained that "without exception" is implicit in the ordinance. Unless exceptions are specifically addressed, there would be no exceptions to the ordinance. Councilmember Gorman pointed out that the ordinance would not necessarily require that games end by 10:15 p.m., but would only require that the Noise Ordinance is not violated after that time. Councilmember Lucas suggested that perhaps it may not even be necessary to amend the ordinance, but to simply ignore it for ten or fifteen minutes after the current 10:00 p.m. noise restriction in the case of baseball games at City parks. President Diament explained that the purpose of the proposed ordinance is to eliminate the recurrence of complaints from neighbors. A vote on the motion for introduction of the proposed ordinance carried as follows: Ayes: Councilmembers Gorman, Monsef and President Diament - 3. Noes: Council- members Hanna and Lucas - 2. Absent: None. FINAL PASSAGE OF ORDINANCES 85 -113 Ordinance No. 2228, N.S. "An ordinance amending the Alameda Municipal Code to establish a 35- mile - per -hour speed limit on Harbor Bay Parkway and Marina Village Parkway." Councilmember Lucas moved for final adoption of the ordinance, and the motion was seconded by Councilmember Monsef. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -114 Ordinance No. 2229, N.S. "An ordinance amending the Alameda Municipal Code by amending Article 4H of Chapter 1 of Title XI thereof, relating to addi- tional requirements for bars and packaged liquor stores." (Placed on the agenda at the request of Councilmember Lucas.) It was moved by Councilmember Lucas that the proposed ordinance be adopted, and Councilmember Monsef seconded the motion. Motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and .President Diament - 5. Noes: None. Absent: None. 85 -115 Ordinance No. 2230, N.S. "An ordinance amending Ordinance No. 2096, N.S., relating to the installation, construction, operation and regulation of a Cable Television System for Alameda." Councilmember Gorman moved, and Councilmember Hanna seconded the motion, that the ordinance be adopted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. February 19, 1985 444 NEW BUSINESS 85 -116 Councilmember Lucas requested that an investigation be conducted into the delayed response time of the Police Department with respect to an incident that occurred on February 14, 1985. Reportedly, a citizen who observed a man carrying a television set in the 200 block of Lincoln Avenue had notified police. The man, which the citizen was later to describe to Police, apparently waited at a bus stop for ten minutes while the Police failed to respond. The concerned citizen contacted Councilmember Lucas and indicated there had been a report of a burglary in that block and questioned why the Police did not respond to her report in a timely manner. The City Manager indicated he would obtain all particulars from the Police Department and report back to Council. 85 -117 Councilmember Hanna requested that he be provided with a map which shows each of the parcels that has been acted upon, and each roadway construc- tion project (not including storm drains, etc.), in the Harbor Ray Business Park project. UNFINISHED BUSINESS 85 -118 Councilmember Lucas referred to recent resignation "under pressure" of the NCPA General Manager with allegations that he had not kept Commissioners informed. She inquired if this situation would present a threat to the City's contribution to the NCPA. The City Manager responded that there would be no financial liability for either the City or the Bureau of Electricity resulting from that matter. Councilmember Lucas also asked if this incident were con- nected to the City of Redding's refusal to participate in the latest project. The City Manager indicated it was not. Councilmember Hanna added that he did not believe that Redding had need for any additional power since they receive their power from nearby Shasta Dam. The City Manager stated he would report back to Council if he received any further pertinent information. ORAL COMMUNICATIONS 85 -119 Rosalie McPherson, 1128 Marianas Lane, inquired as to the outcome of investigation into the question she raised at the previous Council meeting regarding the appropriateness of including Parcel Maps on the Consent Calendar. Although the City Manager indicated that past practice was acceptable and appropriate, on the advice of the City Attorney, it was decided that notice of public hearing before the Planning Board would be provided for Parcel Maps in the future to ensure maximum public input. 85 -120 Fred Scullin, 1120 Chestnut Street, expressed concerns regarding: (1) inopportunity to address specific items on the Planning Board agenda under "Reports and Information "; (2) inopportunity to address Council at the February 5, 1985, Council meeting under "Oral Communications "; (3) the Chairman of the Plan- ning Board accidently overlooked "Oral Communications" at the two previous Plan- ning Board meetings; and (4) the Planning Board Chairman voted on a matter for which he was not present for the majority of the discussion. 85 -121 John Barni, Sr., 1360 East Shore, referred to Councilmember Lucas' letter in The Alameda Times Star regarding funds spent on a four -unit building on Taylor Avenue. President Diament directed staff to transmit a report February 19, 1985 �& �~ � _ � '� prepared by the Community Development Director to Mr. Barni outlining projects and expenditures. ADJOURNMENT At 10:00 p.m., President Diament adjourned the meeting to an Executive Session regarding Smith versus the City of Alameda. The next regular Council meeting was scheduled for Tuesday, March 5, 1985, at 7:30 p.m. Res ectfu y submitted, aUC Di e B. Felsch City Clerk February 19, 1985