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1980-01-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD WEDNESDAY JANUARY 2, 1980 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Councilman Stone. Invocation delivered by Rev. Charles N. Nahnsen Immanuel Lutheran Church. ROLL CALL: Present: Councilman Diament, Stone, Tillman, and President Corica (4). Absent: Councilman Sherratt (1). CONSENT CALENDAR Councilman Diament made a motion, seconded by Councilman Stone, that the Resolution, "Acknowledging Lessee's exercise of option to renew lease of City -owned land to the Island City Gun Club" be removed from the Consent Calendar for Council discussion later in the meeting and the remaining items be approved; the motion carried by unanimous voice vote - 4. Those items so enacted, adopted, or approved are indicated by an asterisk ( *). MINUTES Councilman Diament made a motion, seconded by Councilman Stone, that the minutes of the regular meeting of December 18, 1979, be approved as submitted; the motion passed by unanimous voice vote - 4. WRITTEN COMMUNICATIONS 80 -001 From Elector Littlejohn, 3225 Madison Street, requesting permission to hold a meeting in honor of Martin Luther King's birthday on the steps of City Hall, January 14, 1980, from 12:30 p.m. to 1:30 p.m., and to move the program to Council Chambers in the event of inclement weather. The Acting City Manager stated that permission for this activity had been granted in the past and that the Council Chambers has been reserved for January 14, 1980, from 12:30 p.m. to 1:30 p.m., in the event of inclement weather. Councilman Tillman made a motion, seconded by Councilman Diament, that the request be approved; the motion carried by unanimous voice vote - 4. 80 -002 From Alamedans with H.O.P.E., signed by Melvin Kahn, President, regarding action taken at the Board meeting of November 26, 1979, when they voted to go on record against condominium conversions. Councilman Tillman made a motion, seconded by Councilman Diament, that the communication be accepted and filed; the motion carried by unanimous voice vote - 4. Susan Banks, 1027 Pacific Avenue, spoke in support of the position of Alamedans with H.O.P.E. against condominium conversions. Oanua,ry 2, 1980 After Council discussion, Councilman Di3ment made a motion, seconded by Councilman Tillman, that the Planning Board be directed to consider an amendment to the Condominium Conversion Ordinance which would relate conversions to vacancy factors; the motion carried by unanimous voice vote - 4. 89-003 From Commander Earl W. Wood, 1940 Franciscan Way, requesting that the Council encourage Alameda residents to display the American flag daily at their homes during the period that the American hostages are held in Irdn. Councilman Stone made a motion, seconded by Councilman Diament, that the communication be accepted and that the Council endorse the suggestion to encourage Alameda residents to display the American flag daily during the period that the American hostages are held in Iran; the motion carried by unanimous voice vote - 4. 80-004 From Dr. Raman Patel, 2220 Lincoln Avenue, #C, regarding parking citations for parking overnight in the City employee lot at 2216 Lincoln Avenue. President Corica stated that a recommendation had been received from the Chief of Police stating that the Police Department had no objections to public parking when employees are not using the lot. After Council discussion, Councilman Stone made a motion, seconded by Councilman Tillman, that the public be allowed to park in the employee lot for a trial period Of 6 months between 10 p.0. and 8 a.m. Monday through Friday, and from 5 p.0. On Friday to 8 a.m. on Monday, and on holidays, and directed that vehicles parking in violation of the specified times be ticketed; the motion carried by unanimous voice vote - 4. Councilman Tillman requested that the Clerk place the matter on the Council 3geOda of July 15° 1980, for re-evaluation. *80-005 From Friends of Alameda, signed by Joseph J. Brecher, appealing decision of Planning Board in adopting the Negative Declaration on the Fernside Extension, Accepted communication and set hearing date for January 15, 1980. 80-005 From Encinal Terminals, signed by Chengben (Peter) Wang, President, regarding provision for access to Pacific Marina complex and Encinal Terminals during the first phase of Alameda Marina Village development. President Corica stated that Encinal Terminals is requesting clarification on an action taken at a prior meeting and recommended that the matter be discussed on January 15, 1980, inasmuch as a hearing will be held regarding a tentative map for Alameda Marina VfllDge, Councilman Dfoment made a motion, seconded by Councilman Tillman, that discussion Of the matter be postponed to January 15, 1980; the motion carried by unanimous voice vote - 4. 80-007 From Commanding Officer Naval Air Station, signed by Captain R.A. Daleke, expressing concern regarding the Environmental Impact Report Supplement for the "Oakland World Trade Center" relative to Accident Potential Zones for Runway 25 and requesting Council support to reopen the case before the Airport Land Use CO00iS3iOn, January 2, 1980 President Corica stated that the Naval Air Station was requesting Council support to reopen the Naval Air Station case before the Airport Land Use Commission (ALUC) in support of Accident Potential Zones for Runway 25 and recommended that the Council support the Naval Air Station position. Hefurther stated that he had previously sent correspondence to the Airport Land Use Commission and other agencies involved outlining the Council's concerns regarding the proposed "Oakland World Trade Center" as it affects the approach to Runway 25. Councilman Stone made a motion, seconded by Councilman Tillman, that the Council go on record in support of the Naval Air Station position and directed Mayor Corica to request ALUC to reopen the case of the Naval Air Station and to express Council support of the recommendation that APZ -I and APZ -II for Runway 25 be adopted as an area of referral and to support adoption of Air Installation Compatible Use Zone (AICUZ) guidelines; the motion carried by unanimous voice vote - 4. President Corica read a letter from the Port of Oakland dated January 2, 1980, regarding safety zones for Runway 25 and stating that the Port would provide the Council with an analysis. After Council discussion, Councilman Tillman made a motion, seconded by Councilman Diament, that the Council take the position that a member be appointed to ALUC to represent the Naval Air Station as a major airport; the motion carried by unanimous voice vote - 4. After further Council discussion, Councilman Stone made a motion, seconded by Councilman Tillman, that Mayor Corica be authorized as the spokesman for the Council at the meeting to be held at the Port of Oakland on January 8, 1980, regarding the proposed "World Trade Center;" the motion carried by unanimous voice vote - 4. HEARINGS 30-0OP, In the matter of a Review of the Record on an appeal by Hansen, Murakami, Eshima, from a decision of the Planning Board regarding the amendment to the Planned Development, PD 79 -6, at Harbor Bay Landing Shopping Center (Mobil Oil Service Station). President Corica explained procedures to be followed. The Assistant Planning Director stated that the Planning Board had denied the amended planned development and made the following findings, and that if approved, it could create a liability to the City. 1. That the basic integrity of the design of the shopping center was being compromised. 2. That the size of the proposed facility is only 11,000 square feet compared to the normal 15,000 square feet for a facility of that type. 3. The landscaping is inadequate. 4. It is anticipated that queuing would probably result on a major street in the event of aas shortages. January 2, 1980 Tom Bardett, Mobil Oil Corporation, stated that Mobil Oil Company does not agree with the Planning Board findings and that they plan to have an attendant present if cars are queuing to enter the station. Oscar Barry, and John B. Davis, Harbor Bay Isle Associates, spoke in favor of the appeal. The following persons spoke against the appeal: Charles Thoss, 3204 McCartney Avenue Joseph Sullivan, 3221 Liberty Avenue Brian Maddock, 1000 Auburn Drive James Debose, Jr. 3311 Encinal Avenue Darleen Banda, 917 Delmar Street Councilman Stone made a motion, seconded by Councilman Tillman, that the proposed amendment to the planned development, PD -79 -6, be approved with the condition that an attendant be required when queuing of cars occurs. President Corica recommended that if the Council wishes to approve the amendment to the planned development that the Planning Board provide conditions for approval. Councilman Diament stated that she would vote against the motion, but if the motion is approved she would hope that the Planning Board would establish conditions. Upon call of the roll, the motion FAILED by the following roll call vote: Ayes: Councilmen Stone and Tillman - 2. Noes: Councilman Diament and President Corica - 2. Absent: Councilman Sherratt - 1. After further Council discussion, Councilman Tillman made a motion, seconded by Councilman Stone, that the matter be postponed to the meeting of January 15, 1980 and that staff recommend conditions that could be imposed if the proposed amendment is approved; the motion carried on the following roll call vote: Ayes: Councilmen Stone, Tillman and President Corica - 3. Noes: Councilman Diament - 1. Absent: Councilman Sherratt - 1. REPORTS AND RECOMMENDATIONS '0 -009 From Secretary of the Planning Board regarding adoption of the Negative Declaration for the extension of Fernside Boulevard. President Corica recommended that the report be postponed to January 15, 1980, inasmuch as an appeal had been filed, and a hearing is set for that date. Councilman Stone made a motion, seconded by Councilman Diament, that the matter be postponed to January 15, 1980; the motion carried by unanimous voice vote - 4. *80 -010 From Secretary of the Planning Board requesting that the Council set the hearing date of January 15, 1980, in the matter of a Tentative Map for Tract 3843 the first tract map for Alameda Marina Village. Approved hearing date of January 15, 1980. 80-011 rrom City Engineer requesting to hire a consultant for Patton Way Project. Councilman Tillman requested that the consultant provide Council with periodic status reports as to the progress being made on the Patton Way Project. January 2, 1980 ��� President Corica obtained the consent of Council and so Ordered` Councilman Diament made a motion, seconded by Councilman Stone, that the request be approved and the resolution considered out of order; the motion carried by unanimous voice vote - 4. RESOLUTIONS 8O-012 Resolution NO` 9206, "Authorizing execution of agreement for a consultant to coordinate the Patton Way Project". Councilman Diament made a motion, seconded by Councilman Stone, that the resolution be adopted; motion carried on the following roll call vote: Ayes: 4 Noes: None, Absent: Councilman Sherratt - 1. REPORTS AND RECOMMENDATIONS 80~O13 From Acting City Manager recommending withdrawal of Negative Declaration and Environmental Impact Report for the Patton Way Project. Councilman Diament made a motion, seconded by Councilman Stone, that the Negative Declaration and Environmental Impact Report for the Patton Way Project be withdrawn and the Planning Director be auth0ri2ed to notify interested parties; the motion carried by unanimous voice vote - 4. Bob Brewer, 2045 Buena Vista Avenue, spoke in regards to traffic concerns relative to the Patton Way project. 80-014 From Acting City Manager submitting report on the status of Otis/Oak Mini-Park. The City Manager stated that a check had been received in the amount of S3,000 from Abe and Sara Kofman for the completion of the mini-park and that a legal description for transfer of property would be prepared for the Dg8nda of January 15, 1980. Councilman Diament made a motion, seconded by Councilman Tillman, that the report be accepted, and that a resolution be prepared thanking Abe and Sara KOfmd0 for their generous contribution; the motion carried by unanimous voice vote - 4. *80-015 From Acting City Manager requesting to schedule Civil Service Board meetings at 4;00 p.m', the first Wednesday of each month, instead of 7:30 p.m. as previously scheduled, Approved. 80-016 From Assistant to City Manager regarding status of the proposed Senior Center` Councilman Diament made a motion, seconded by Councilman Tillman, that the following recommendations outlined in the staff report, be approved: 1. The Council designate Washington School as the primary site for consideration as a Senior Center. January 2, 1980 2. The Council and City staff continue negotiations with the School District to obtain Washington School as a Senior Center site. 3. The staff be authorized to continue working with the County Department on Aging to develop an appropriate application for operating funds from the Title III program for fiscal 1980 -81. The motion carried by unanimous voice vote - 4. Kate Chamberlain, 1420 Fountain Street, stated that she would hope an enclosed swimming pool facility could be included at the Senior Center. *80 -037 From City Engineer regarding personal services agreement with Loretta Brewer for temporary part -time assistance in the Building Inspection Division. Approved. *80 -018 From Acting Senior Personnel Analyst recommending implementation of salary adjustments in accordance with Memoranda of Understandino between City and Fire Fighters' Association and Police Association. Approved. COUNCIL REFERRALS 8C -019 Councilman Diament requested that unit pricing be followed up inasmuch as state legislation requiring that each unit be priced expired at the end of 1979. 80 -020 Councilman Tillman stated he had complaints about the condition of the street on the East side of Island Drive at the site where East Bay Municipal Utility District (EBMUD) is doing some work. President Corica obtained the consent of Council and directed that staff correspond with EBMUD regarding the hazards and possibility of accidents and request that work on that site be expedited. 80-021 Councilman Stone stated that she had been contacted by members of Boards and Commissions regarding business cards to designate their positions on the Boards or Commissions and requested the Acting City Manager to provide a recommendation and the cost to provide the cards by January 15, 1980. 80 -022 Councilman Tillman stated he was concerned about the sale of drug paraphanalia and that if there is any new legislation, he would like the Council to address the matter again. 80 -023 Councilman Diament stated that the monetary prizes for proposed winning floats and bands in the 4th of July parade were quite large and that she would support community involvement without monetary prizes. President Corica stated that he had met with the parade committee and the inclination seems to be that monetary prizes should be eliminated and plaques and trophies awarded. January 2, 1980 RESOLUTIONS *80 -024 Resolution No. 9207, "Waiving parcel map requirements of the Subdivision Map Act for property located at 1620 and 1622 Morton Street." Adopted. 80 -025 Resolution No. , "Acknowledging lessee's exercise of option to renew lease of City -owned land to the Island City Gun Club." Councilman Tillman made a motion, seconded by Councilman Diament, to postpone consideration of the resolution until January 15, 1980, and directed that Council be furnished a copy of the original contract and minutes for the meeting at which it was adopted; the motion carried by unanimous voice vote - 4. William LaTa, Island City Gun Club, stated that they were planning to make some improvements to the facility but would wait until the option is acknowledged by Council. John Barni, Jr., 1260 Eighth Street, stated that he was representing the property owners in the immediate area and wished to address the matter when it is considered by the Council. *89 -026 Resolution No. 9208, "Authorizing execution of agreement with Loretta C. Brewer for personal services (Temporary part -time assistance in the Building Inspections Division)''. Adopted. *80 -027 Resolution No. 9209, "Amending City of Alameda Resolution No. 9162 by amending pages 6, 7, 11 and 12 relating to salary increases for certain employees effective January 1, 1980." Adopted. INTRODUCTION OF ORDINANCES *80 -028 Ordinance No. , New Series, "Authorizing execution of lease of certain submerged and tide lands to the United States of America and approving the form and terms of said lease (Government Island Floating Recreational Docks)." Adopted. ORDINANCES FOR PASSAGE *60 -029 Ordinance No. 1995, "Adding, amending, and repealing certain sections of the Alameda Municipal Code relating to animal control Adopted. ORAL COMMUNICATIONS, GENERAL 80 -030 The City Attorney stated that the City has received a judgment enjoining the operation of an adult book store on Webster Street, which has been appealed, and there is a motion on closure of another one to be heard next week. BILLS *80-031 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S126,157.19. FILING *80 -032 Agreement with consultant for Patton Way Project. Agreement with Loretta C. Brewer for personal services. January 2, 1980 Lease with United States of America (Government Island Floating Recreational Docks). Bureau of Electricity Financial and Operating Report for period ending September 30, 1979. ADJOURNMENT There being no further business to come before the meeting, the Council adjourned at 9:25 p.m. to assemble in regular session on Tuesday, January 15, 1980, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGL City Clerk