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1981-05-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MAY 5, 1981 Convened at 7:30 p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Sherratt. Invocation was given by Walle Riches, Twin Towers Methodist Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES President Corica noted that the Minutes of the Regular Council Meeting of March 17, 1981, listed on the agenda would be submitted at the next meeting. CONSENT CALENDAR Councilman Diament made a motion, seconded by Councilman Sherratt, that all items listed on the Consent Calendar be approved; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. Items so enacted, adopted, or approved will be indicated by an asterisk ( *). RESOLUTIONS *81 -297 Resolution No. 9530 "Approving Final Map of subdivision known as Tract 4772 and accepting certain dedicated easements and rights of access (Holly Street and Brithorn Lane, Western Title Insurance Company, owner)." Adopted. *81 -298 Resolution No. 9531 "Authorizing execution of agreement for construction and completion of improvements in connection with subdivision Tract 4772 and approving bonds as to sufficiency (Holly Street and Brithorn Lane, Western Title Insurance Company, owner)." Adopted. *81 -299 Resolution No. 9532 "Approving Parcel Map 3352 for subdivision of Lot 2, Parcel Map 2574 for two condominium units at 2163 Central Avenue, permitting recording thereof and finding said Parcel Map consistent with City's General Plan (subdivider/ owner John Barni, Jr. /Jerry Schwabenland)." Adopted. FINAL PASSAGE OF ORDINANCES *81 -300 Ordinance No. 2046, New Series "Authorizing execution of first amendment to the lease agreement entered into July 1, 1955 between the City of Alameda, as lessor, and the United States of America, as lessee, providing for joint use of a portion of the leasehold and extending the termination date of the original lease (159.21 acre parcel of land at the Naval Air Station)." Finally adopted. *81 -301 Ordinance No. 2047, New Series "Authorizing execution of lease of certain submerged and tidelands to the United States of America and approving the form and terms of said lease (construct and maintain floating small boat docks at Government Island)." Finally adopted. May 5, 1981 BILLS *81 -302 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $109,722.41. FILING *81 -303 Agreement in connection with Tract 4772. RETURN TO REGULAR AGENDA SPECIAL ORDERS OF THE DAY 81 -304 President Corica read and presentated a commendation to Brent Ryder prepared by the Historical Advisory Commission for his restoration of two Victorian homes at 2059 and 2063 Santa Clara Avenue. Mr. Ryder accepted the commendation and expressed appreciation to the Council and the Historical Advisory Commission. WRITTEN COMMUNICATIONS 81 -305 From Clifford and Flora Olsen, 600 Rock Isle, regarding increases in garbage rates and possible rent increases at 564 Central Avenue. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communica- tion be accepted; the motion carried by unanimous voice vote - 5. 81 -306 From Shera V. and Glenn E. Garman requesting an encroachment permit to retain the brick wall inadvertently constructed within the public right of way at 24 Maitland Drive. President Corica noted that there had apparently been a lack of communication between staff and Mr. and Mrs. Garman regarding construction of the fence. Councilman Sherratt made a motion, seconded by Councilman Diament, that the Revocable Permit be issued and staff instructed to follow through with the issuance and conditions as required; the motion carried by unanimous voice vote - 5. HEARINGS 81 -307 Hearing regarding Tentative Map 4659, Silva Farms southeast of Oleander Avenue and Magnolia Drive on Bay Farm Island. President Corica announced that the hearing would be continued to May 19, 1981. 81 -308 Hearing regarding Parcel Map 3508 in Tract 3842. The Acting Planning Director stated that the Planning Board approved Parcel Map 3508 based on findings and subject to conditions outlined in Planning Board Resolution No. 1143. President Corica explained the procedures to be used in the hearing. On the call for proponents in support of the Planning Board decision, there were no speakers; on the call for opponents, there were no speakers. May 5, 1981 President Corica declared the public portion of the hearing closed. Councilman Sherratt made a motion, seconded by Councilman Tillman that the Parcel Map be approved and the applicable resolution be considered out of sequence; the motion carried by unanimous voice vote - 5. RESOLUTIONS 81 -309 Resolution No. 9533 "Approving Parcel Map 3508 for division of lot 48 of Tract 3842, located at the corner of Catalina Avenue and Sea View Parkway, permitting recording thereof and finding said Parcel Map consistent with City's General Plan (subdivider, Harbor Bay Associates). Councilman Diament made a motion, seconded by Councilman Tillman, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. HEARINGS 81 -310 Hearing on Zoning Amendment ZA -81 -1 pertaining to adult entertainment. The City Attorney stated that similar ordinances in several cities had been over- ruled in court, and the proposed amendment removes the requirement that adult entertainment activities are not permitted within 1,000 feet of another adult entertainment activity but leaves in the provision that such activities are not permitted within five hundred feet of any area zoned for residential use which for all practical purposes would have the same result; he further stated that with this amendment he felt the adult entertainment ordinance would stand up in court. President Corica explained procedures to be used in the hearing. On the call for proponents in support of the proposed amendment, there were no speakers. On the call for opponents, John Lineweaver, 1602 San Antonio Avenue, spoke in opposition to the proposed amendment. There being no other speakers, President Corica declared the public portion of the hearing closed. Councilman Diament stated she felt cities should be able to legislate those kinds of activities,and she would prefer to challenge the courts. After discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that the applicable ordinance be considered out of sequence at this time; the motion carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, Tillman, and President Corica - 4. Noes: Councilman Diament - 1. Absent: None. INTRODUCTION OF ORDINANCES 81 -311 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending sections 11 -14E3 and 11 -14E4 relating to adult entertainment activities restrictions." May 5, 1981 Councilman Stone made a motion, seconded by Councilman Tillman, that the ordinance be introduced and passed to print; the motion carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, Tillman, and President Corica - 4. Noes: Councilman Diament - 1. Absent: None. APPEALS 81 -312 From M. R. Cook, 2017 San Antonio Avenue, appealing the decision of the Planning Board in denying variances for lot split at 2049 San Antonio Avenue. The Acting Planning Director stated that the Planning Board had denied the variances on the basis that substandard lots would be created. John Barni, 1277 Bay Street, spoke in support of the Planning Board decision stating that if the lot split were allowed, it would set a precedent and a lot of applications for similar lot splits would be filed. Mr. Cook spoke in opposition to the Planning Board decision stating that the building in the back is already there, and the lot split would allow him to improve the property. He further stated the way it is now, there is a problem with utilities. Mr. Cook also requested the Council waive the filing fee for the appeal. Dave Mc Intyre, 1000 Paru, spoke in support of Mr. Cook's position. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Tillman, that the decision of the Planning Board in denying the variance be upheld and that the filing fee be waived; the motion carried by unanimous voice vote - 5 81 -313 From Law Offices of Davis & Young, attorneys for Burger King Corporation, appealing decision of the Planning Board in denying application for Use Permit. John Barnard, attorney for Burger King Corporation, described the proposed addition of a drive through lane at the Burger King facility and described the proposed landscaping stating that it would enhance the facility. Bill Sapinski, Construction Manager for Burger King Corporation, elaborated on proposed construction, anticipated increase in sales and the fact that additional persons would be hired if the drive through lane is constructed. The following persons spoke in support of granting the Use Permit for the drive through lane: Fred Scullin, 1120 Chestnut Street Richard Marill, 2100 Otis Drive. Gerhard Degemann, spoke in support of upholding the decision of the Planning Board stating that the Design Review Board had concerns in 1978 regarding the drive through lane. President Corica stated that he felt the drive through lane would not enhance the facility and expressed concern it would increase litter in the parking lot and nearby streets. After further discussion, Councilman Tillman made a motion, seconded by Councilman Sherratt, that the decision of the Planning Board be overruled and a Conditional Use Permit for the drive through lane granted for one year subject to eight conditions outlined on page two and three of the Planning Staff Report dated April 3, 1981; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None. REPORTS AND RECOMMENDATIONS 81 -314 From Audit Committee submitting recommendation regarding Financial Audit Services. The City. Manager summarized the report stating that the main function would be to assess internal controls and to provide standard audit of City and that it would include a management letter which we have not had in the past. President Corica expressed concern that would be paying S23,800 for the first year versus a previous cost of $3,600 and that he could see it for the first year but the second year should be less. He further objected to locking in for a five -year contract. Councilman Diament inquired whether the 5% advantage to an Alameda firm contained in the Charter would apply and whether it had been considered. She further stated she felt it would be an advantage to have a local firm that already has knowledge of the City. The City Manager stated that it was his understanding the 5% advantage to an Alameda firm relates to bids on construction contracts and materials but not to professional services. The Finance Director noted that the firm would do a systems audit when the data processing program is instituted. Russell Sisung, 221 Santa Clara Avenue, spoke regarding difficulty in auditing computer system during the transition period. After further discussion, Councilman Sherratt made a motion, seconded by Councilman Tillman, that the recommendation of the Audit Committee to award a five -year contract to Deloitte, Haskins & Sells be approved; the motion carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, and Tillman - 3. Noes: Councilman Diament and President Corica - 2. Absent: None. 81 -315 From Director of Recreation and Parks submitting request from the Golf Commission that action be taken to solve the problem of maintenance of sloughs at the Golf Course. Councilman Sherratt made a motion, seconded by Councilman Diament, that the staff recommendation that cleaning of sloughs be investigated further be approved; the motion carried by unanimous voice vote - 5. 81 -316 From Acting City Engineer and Fire Chief concerning State requirements to abate structural fire and safety violations in existing multiple -story apartments, hotels, and motels. May 5, 1981 The City Manager stated that recent amendments to the State Health and Safety Code required that current rules and regulations apply retroactively to multi- story apartments, hotels, and motels built prior to 1955. He further stated that staff will have to make inspections, determine violations, and structures in violation are required to conform by January 1, 1982. Councilman Sherratt noted this could have tremendous financial impacts on property owners which would be passed on to renters in rent increases. After discussion, Councilman Sherratt made a motion, seconded by Councilman Tillman, that the report be accepted and requested staff to investigate further and advise Council and directed the impracticality of meeting requirements be addressed to the Mayors' conference, League of California Cities, and to other appropriate legislators; the motion carried by unanimous voice vote - 5. 81 -317 From City Manager regarding funding status for the Fernside Boulevard Extension Project. Councilman Stone requested that the Ground Breaking Ceremonyscheduled May 7, 11:00 a.m. be changed to May 8 at 5 :00 p.m. so more persons could attend. Councilman Sherratt made a motion, seconded by Councilman Tillman, that Ground Breaking Ceremony for the Fernside Boulevard Extension be changed as requested; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and the City Engineer directed to proceed with the restriping and modification of signals as recommended in the report; the motion carried by unanimous voice vote - 5. In response to inquiry by Councilman Stone, the City Attorney stated he had made offers to acquire the properties for the Fernside Boulevard Extension but the offers had not been accepted to date. Councilman Stone recommended that if the offers have not been accepted by the end of the month that the City Attorney be directed to take whatever steps are necessary to acquire the property. It was the consensus of Council that Councilman Stone's recommendation be approved. 81 -318 Resolution No. 9534 "Expressing support for Senate Bill 215 which will provide new funding for State highways, local streets and roads and transit." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. 81 -319 Resolution No. 9535 "Consent to allow sublease of portions of property under lease between the City of Alameda and Harbor Tug and Barge Company." Councilman Diament made a motion, seconded by Councilman Sherratt, that the reso- lution be adopted; the motion carried by the following roll call vote: Ayes: Councilman Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. May 5, 1981 81 -320 Resolution No. 9536 "Approving local application of the State Historical Building Code." Russell Sisung, Chairman of the Historical Advisory Commission, spoke in support of the resolution. Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. FINAL PASSAGE OF ORDINANCES 81 -320a Ordinance No. 2048, New Series "Amending the Alameda Municipal Code by amending Section 15 -6210 thereof relating to rates for collection of garbage and refuse and prescribing method of collection." Councilman Tillman made a motion, seconded by Councilman Sherratt, that the ordinance be finally adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 81 -321 President Corica announced the resignation of Mary Rudge from the Alameda County Arts Commission and nominated Dolly Fong as her replacement. Councilman Tillman made a motion, seconded by Councilman Diament, that Dolly Fong be appointed to represent the City on the Alameda County Arts Commission; the motion carried by unanimous voice vote - 5. 81 -322 In response to inquiry by Councilman Stone regarding status of the burned out building on Buena Vista Avenue, the City Manager stated that permits had been issued and reconstruction will begin in about two weeks. 81 -323 In response to inquiry by Councilman Sherratt regarding the building at Santa Clara Avenue and Union, the City Manager stated we were enjoined from taking any action, but the owner had agreed to refurbish as part of the 22 -unit rehabilitation program. 81 -324 Councilman Tillman stated that as of June 30, 1981, the City will be bond free, and we will be paying off sewer bonds as of that date. 81 -325 Councilman Tillman stated that 553 homes in Harbor Bay Isle were for sale and 447 homes were occupied. 81 -326 Councilman Sherratt announced a reception in Councilman Tillman's honor on May 19, 1981, at the Alameda Golf Course Restaurant. Councilman Diament made a motion, seconded by Councilman Sherratt, that a resolution of commendation be prepared for Councilman Tillman to be presented at the May 19, 1981, meeting; the motion carried by unanimous voice vote - 5. NEW BUSINESS 81 -327 Councilman Stone expressed concern regarding the heavy utility poles being erected in the area of Peach and Washington and recommended work be halted. May 5, 1981 After discussion, Councilman Stone made a motion, seconded by Councilman Tillman, that installation of heavy poles in the area of Peach and Washington be halted until an analysis and recommendations can be made by the Public Utilities Board and that the report be provided for the next Council meeting. President Corica suggested that work not be halted until the report is received and considered. At the conclusion of discussion, no action was taken on the motion. ADJOURNMENT There being no further business to come before the meeting, the meeting adjourned at 10:55 p.m. to assemble in regular session Tuesday, May 19, 1981, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGL City Clerk May 5, 1981