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1982-01-19 Regular CC Minutes��� � �*= � REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JANUARY 19, 1982 The meeting convened at 7:30 p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Diament. The Invocation was given by Father Gary Tollner, St. Phillip Neri'3 Catholic Church. ROLL CALL: Present: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Absent: None. MINUTES Councilman Sherratt made a motion, seconded by Councilman Diament, that the Minutes of the Special Council Meetings of December 21 and 29, 1987, and Regular Council Meeting of January 5, 1882, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilman Diament made a motion, seconded by Councilman Gorman, that all items On the Consent Calendar be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes None. Absent: None. Items so enacted or adopted are indicated by an asterisk [*). REPORTS AND RECOMMENDATIONS *82-035 From Secretary of Planning Board requesting a hearing be scheduled February 2, 1082, regarding rezoning petition R-81-2 to reclassify from R-1, One-Family Residence District to R-2, Two-Family Residence District Lots 9, 14" 15, 20, and 21, along the south edge of Tract 3865 and north of the South Shore Beach and Tennis Club. Approved hearing date. *82-036 From Secretary of Planning Board requesting a hearing be scheduled February 2, 1882, regarding a General Plan Amendment to reclassify land use designation of 1928 High Street from Neighborhood Commercial to General Commercial. Approved hearing date. *82-037 From Secretary of Planning Board requesting a hearing he scheduled February 2, 1982, regarding rezoning petition R-81-3 to reclassify from the existing C-1, Neigh- borhood Commercial District, to C-2, Central Business District, the property at 1928 High Street. Approved hearing date. *82-039 From Personnel Officer recommending approval to fill vacant Personnel Analyst position. Approved. *82-039 From Public Works Director recommending extension of time to August 21, 1982, to complete improvements in Tract 3810, Harbor Bay Isle. Approved. January 19, 1982 *82-040 From Public Works Director recommending extension of time to November 4, 1982, to complete improvements in Tract 3634, Baywood Village. Approved. *82-041 From Public Works Director recommending acceptance of the Makassar Straits Demolition Project, No. P.W. 9-81-8 and recordation of the Notice of Completion. Approved. RESOLUTIONS *82-042 Resolution No. 9608 "Approving Final Map of subdivision known as Tract 4136 and accepting certain dedicated parcels of land - Waterford Terrace (Ponderosa Homes, Subdivider)." Adopted. *82-043 Resolution No. 9669 "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision Tract 4136 and approving bonds as to sufficiency (Ponderosa Homes, Subdivider)." Adopted. *82-044 Resolution No. 9070 "Authorizing execution of Endorsement Number 1 renewing the City's Public Liability Administration Agreement with R. L. Kautz & Co." Adopted. FINAL PASSAGE OF ORDINANCES *82-045 Ordinance No. 2076, New Series "Amending the Alameda Municipal Code by amending various sections of Chapter 3 of Title XVII thereof relating to stopping and parking regulations." Adopted. *82-046 Ordinance No. 2077, New Series "Amending the Alameda Municipal Code by - , , -~ nmending various sections in Article 1 of Chapter 3, Title XI thereof, relating to rules and regulations governing the planning and subdividing of land and the filing and approval of subdivision maps." Adopted. ^82-047 Ordinance No. 2078, New Series "Amending Ordinance N0, 1929 N.S. to increase plan-checking fees by amending Exhibit A-1 thereof." Adopted. BILLS *82-048 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of 5202,274.28. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 82-049 From Judy Clayton-Turner, Alameda Parents' Cooperative Preschool, requesting waiver of fees charged by the Planning Department in connection with Use Permit for operation of a preschool at Longfellow Park. Councilman Sherratt made a motion, seconded by Councilman Stone, that the request for waiver of fees be granted as uncollectible; the motion carried by unanimous voice vote - 5. 82-050 From Charles A. Tillman, 2415 Roosevelt Drive, requesting renegotiation Of the garbage disposal contract with Oakland Scavenger Company. Mr. Tillman stated that citizens of Alameda are paying more for garbage pickup than other cities in the area, and the rates should be decreased. January 19, 1982 Councilman Diament noted that the report from the City Manager indicated rates are being reviewed and requested the Oakland Scavenger Company policy of billing three months in advance also be reViewed. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communica- tion be accepted and the recommendation of City Manager that a report on review Of rates be submitted at the second Council meeting in February, 1982" approved; the motion carried by unanimous voice vote - 5. APPEALS 82-051 Appeal against the decision of the Planning Board in adopting the Negative Declaration for Playa Del Alameda, 40 units of Section 8 rental housing at 715 Central Avenue. Jim Stonehouse, attorney representing Shuwa Investment Corporation, stated that although the developer did not feel an Environmental Impact Report was necessary, he had been authorized as their representative to offer to voluntarily prepare an Environmental Impact Report for the project at 716 Central AVenuB, Joseph Brecher, attorney representing the appellants, spoke in support of preparation of an Environmental Impact Report. The following persons spoke in support of the Negative Declaration and against prepara- tion Charles A. Tillman, 2415 Roosevelt Drive Gayle Church, 523 Pacific Avenue Lois Pryor, 1814 Clinton Avenue Mary Ranch, Haight Avenue Carl Tarver, 114 Haight Avenue Councilman Sherratt made a motion, seconded by Councilman Diament, that the offer of Shuwa Investment Corporation to voluntarily prepare an Environmental Impact Report for the project at 716 Central Avenue be accepted; the motion carried by voice vote - 5. ' REPORTS AND RECOMMENDATIONS 82-052 From Public Works Director submitting report on the City's storm drains and sanitary sewers and recommending a hearing be scheduled February 16, 1982, for consideration of sewer service fees. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and the hearing scheduled February 16, 1482; the motion carried by voice vote - 5. ' 82-053 From Director of Recreation and Parks recommending establishment of a nonprofit organization for the Mastick Senior Center. Councilman Diament made a motion, seconded by Councilman Gorman, that the report be accepted. Councilman Stone requested information regarding obtaining funding as it relates to operation of the Senior Center by a nonprofit corporation compared to operation by the City. in `nnn Lance Russum, Chairman of the Recreation Commission, offered assistance in setting up the nonprofit corporation and submitted proposed bylaws. John Guidici, President of the Mastick Senior Center Advisory Board, requested the seniors have input into the matter. President Corica requested he be provided a copy of the report and additional material when prepared. After considerable discussion, Councilman Sherratt offered an amendment to the motion, accepted by Councilman Diament and Gorman, that staff be directed to provide a detailed report and analysis regarding the following relative to establishment of a nonprofit organization for the Mastick Senior Center: Composition of Board of Directors, proposed bylaws, pros and cons of City or nonprofit organization operating Center, ability to obtain funding as it relates to operation of the Center by a nonprofit organization compared to City; the motion, as amended, carried by unanimous voice vote - 5. Charles A. Tillman, 2415 Roosevelt Drive, spoke briefly regarding a meeting attended in Sacramento regarding senior activities. RESOLUTIONS 82 -054 A resolution commending several City departments for their excellent work during the recent storm was read. Councilman Gorman requested the resolution be amended to include the Bureau of Electricity. Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be amended as requested and adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. Resolution No. 9671 "Commending Fire Department, Police Department, Public Works Department, Recreation and Parks Department, and the Bureau of Electricity for their excellent work during the recent storm." 82 -055 Resolution No. 9672 "Authorizing a Deferred Compensation Program for certain unrepresented City Employees." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -056 Resolution No. 9673 "A Resolution of Intention to make acquisitions and improvements - Harbor Bay Business Park Assessment District 81 -1." 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, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82 -057 Resolution No. 9674 "A resolution determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Acts for the making of acquisitions and improvements without further proceedings under Division 4 of the Streets and Highways Code - Harbor Bay Business Park Assessment District 81 -1." January 19, 1982 4�� Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82-058 Resolution No. 9675 "A resolution appointing engineer and attorneys - Harbor Bay Business Park Assessment District 81-1," (Engineer - M & M Consultants; Attorneys - Jones Hall Hill & White) Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82-059 Resolution No. 9676 "A resolution approving and authorizing execution of agreement with Assessment Bond Underwriter - Harbor Bay Business Park Assessment District 8l-l.'/ (Stone & Youngberg) Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82-060 Resolution No. 9677 "A resolution preliminarily approving Engineer's Report, appointing time and place of hearing protests and directing notice thereof, and describing proposed boundaries of Assessment District and directing filing of Boundary Map - Harbor Bay Business Park Assessment District 81-1." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: NOne, 82-051 Resolution No. 9678 "Resolution determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Acts for the acquisition and construction of improvements without proceedings under Division 4 of the Streets and Highways Code of the State of California for Maitland Drive Assessment District, Local Improve- ment District 1982-1." Ann Dowdy, 60 Maitland Drive, spoke in support of the Maitland Drive Assessment District and offered to answer questions. James Wilson, 68 Maitland Drive, stated he would like to have the street repaired without additional cost to homeowner. He further stated there was a problem with a tree. Councilman Sherratt noted that if the tree belongs to the City,we would investigate. Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82-062 Resolution No. 9679 "Resolution appointing Engineers and Attorneys - Maitland Drive Assessment District 1982-1." (Engineer, T. Dave Edwards; Attorneys, Wilson Morton, Assaf & McElligott) 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, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. 82-063 Resolution No. 9680 "Resolution of Intention to acquire and construct improvements - Maitland Drive Assessment District, Local Improvement District 1982-1 , Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. FINAL PASSAGE OF ORDINANCES 82-064 An ordinance amending the Alameda Municipal Code to establish three parking meter spaces at 1647 Park Street-was read. James Kennedy, representing Morris Landy Car Lot, spoke in opposition to installation of the meters stating that vehicles parked there would obstruct the view of the lot and cars for sale. He requested that if meters are installed, two meters be installed instead of three. John Costello, owner of McGee's RestuUrunt'spok2 in support of installation of three meters. President Corica spoke in support of the installation of two meters. Councilman Sherratt made a motion, seconded by Councilman Stone, that the ordinance be finally adopted; the motion FAILED by the following roll call vote; Ayes: Council- men Sherratt and Stone - 2. Noes: Councilmen Diament, Gorman, and President Corica - 3. Absent: None. Councilman Sherratt made a motion, seconded by Councilman Stone, that the ordinance be amended to establish two parking meter spaces and finally adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Gorman, Sherratt, Stone, and President Corica - 5. Noes: None. Absent: None. Ordinance No. 2079, New Series "Amending the Alameda Municipal Code to establish two parking meter spaces at 1647 Park Street." NEW BUSINESS 82-065 Councilman Diament expressed concern about the College of Alameda situation and that the Coast Guard Base is in danger of being decommissioned. President Corica stated that he had just sent a telegram to the Commandant Officer of Coast Guard, Secretary of Interior, and our Congressmen urging retention Of the Coast Guard Base, and noted he had talked with the Commanding Officer, and it might not be a training center but some other facility. He further requested a resolution be prepared and agendized placing the Council position on record. FILING 82-066 Agreement in connection with Tract 4136. Endorsement No. 1 renewing Liability Administration Agreement with R. L. Kautz & Company. Agreement with Assessment Bond Underwriter in connection with Harbor Bay Business Park District 81-1, January 19, 1982 2 ORAL COMMUNICATIONS, GENERAL 82 -067 Sue Tamano, 439 Santa Clara Avenue, referred to flooding on Third and Bush Streets during the recent storm and requested action be taken to remedy the situation. 82 -068 Charles A. Tillman, 2415 Roosevelt Drive, recommended the City establish liaison with the Naval Air Station and obtain an update on housing needs of Naval Air Station personnel. 82 -069 Charles A. Tillman, 2415 Roosevelt Drive, spoke in support of a sewer service charge and recommended establishment of a Public Works Committee to assist in the budget process regarding City functions. 82 -070 Judith Gillis, 2217 Otis Drive, #2, expressed concern regarding rent increases, and in response to inquiries regarding the Rent Review Advisory Committee, President Corica informed her the Committee meets the first Monday of each month at 7:30 p.m., in the Council Chambers, City Hall. ADJOURNMENT 82 -071 Councilman Sherratt made a motion, seconded by Councilman Diament, that the Council adjourn to an Executive Session for discussion of personnel and litigation matters; the motion carried by unanimous voice vote - 5. At the conclusion of discussion, President Corica ordered the meeting reconvened to regular session. 82 -072 Councilman Sherratt made a motion, seconded by Councilman Stone, that the City Manager serve at the pleasure of the Council and not under a formal contract; the motion carried by unanimous voice vote - 5. There being no further business to come before the meeting, the Council adjourned at 9:30 p.m. to assemble in regular session Tuesday, February 2, 1982, at 7:30 p.m. Respectfully submitted, January 19, 1982 DEEN SPEEGL City Clerk