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1980-02-05 Regular CC MinutesREGULAR MEETING QF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY FEBRUARY 5, 1980 Convened at 7 :30 o'clock with President Corica presiding., Pledge of Allegiance led by Councilman Diament. Invocation delivered by Reverend David Womack, Calvary Christian Center. ROLL CALL: Present: Councilmen Diament, Stone, Tillman, and President Corica (4). Absent: Councilman Sherratt - (1). 80 -079 President Corica stated that Lt. Bill Godfrey and Mr. Ken Stockbridge, of the Alameda County Sheriffs' Association, had presented the City of Alameda with a check for $1200 in honor of "Mif" Albright just prior to the meeting. He further stated that "Mif" Albright had been instrumental in getting the Par -3 Golf Course underway. He further stated that the new Par -3 Golf Course had been designated the "Mif" Albright Golf Course, and the S1200 would be used for a memorial placque in his honor. President Corica expressed his appreciation to Lt. Godfrey, Mr. Stockbridge, and Mr. Bertero for coming to make the presentation personally. MINUTES Councilman Stone made a motion, seconded by Councilman Tillman, that the Minutes of the Joint Council and Board of Education Meeting of January 10, 1980, and the regular Council meeting of January 15, 1980, be approved as submitted; the motion carried by unanimous voice vote - 4. Councilman Diament made a motion, seconded by Councilman Stone, that the resolution appointing Theodore J. Holmes as a Member of the Golf Commission be considered out of order; the motion carried by unanimous voice vote - 4. RESOLUTIONS 80 -080 Resolution No. 9218, "Appointing Theodore J. Holmes as a Member of the Golf Commission." Councilman Diament made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by the following roll call vote; Ayes: 4. Noes: None. Absent: Councilman Sherratt - 1. Upon request, the Clerk administered the Oath of Office to Mr. Holmes. WRITTEN COMMUNICATIONS 80 -081 From Gerhard W. Degemann, 304 Sand Beach Road, requesting to address the Council regarding item pricing. (Consumer unit pricing) Mr. Degemann recommended that the Council pass an ordinance to require unit pricing. After Council discussion, Councilman Tillman made a motion, seconded by Councilman Diament, that the City Attorney be directed to prepare an ordinance to require unit pricing in Alameda supermarkets for the next Council agenda; the motion carried by unanimous voice vote - 4. 2/5/80 80 -082 From D & J Electric, Inc., 2415 Clement, signed by John Price, submitting petition requesting that zoning regulations relative to storage of wrecked vehicles in the area of 2400 Clement be enforced and requesting that the wrecking yard operation be relocated. Councilman Stone made a motion, seconded by Councilman Tillman, that the matter be referred to staff for a report and that the report be placed on the Council agenda of February 19, 1980; the motion carried by unanimous voice vote - 4. 80 -083 From Alameda Unified School District, signed by Superintendent Clarence R. Kline, advising that the Washington School facility will not be available for use as a Senior Citizen Center and that Mastick School will be available for lease 1980 -81. President Corica stated that an architect had been hired to study both the Mastick School site and Lincoln Park site as to their feasibility for use as a Senior Center. Larry Patton, 1020 San Antonio Avenue, spoke in favor of the Mastick School for a Senior Center site. Clarence Day, 1322 Broadway, requested that senior citizens be involved in the planning and conferences regarding the Senior Center site. The Assistant to City Manager stated that the proposed Senior Center will probably be on the Senior Citizen Council's February 13, 1980, agenda. After further Council discussion, President Corica obtained the consent of the Council and directed that the architect's recommendation regarding the feasibility of Mastick School or Lincoln Park as possible sites for a Senior Center be placed on the agenda of March 4, 1980. HEARINGS 80 -084 Hearing for review of the Negative Declaration for the proposed Housing Element and on the proposed Housing Element. President Corica stated that the report regarding condominium conversions would be considered in conjunction with the hearing on the Housing Element and that the hearing and report would be considered at a Special Council meeting Tuesday, February 12, 1980 at 7:30 p.m. He further stated that speakers would be heard this evening. 80 -085 From Secretary of Planning Board regarding critical ratios as they relate to condominium conversions. President Corica expressed appreciation to the citizens who served on the Housing Element Advisory Committee. Mr. Patterson stated that the Housing Element was a State - mandated Element which must be included in the General Plan and the deadline for adoption was September 30, 1979, and an extension had been granted to December 31,1979. He further stated that the Planning Board had approved the Negative Declaration for the Housing Element in accordance with CEQA guidelines on December 27, 1979, based on the six findings outlined in the letter from the Planning Secretary dated December 31, 1979. The City Manager stated that he would recommend that the Housing Element establish broad policy relative to housing and specifics be implemented by ordinance. 2/5/80 0 4 President Corica explained the procedures to be used in the hearing and stated that he would call first for proponents in favor of approving the Housing Element. Barbara Worden, 1315 Regent Street, Chairperson of the Housing Element Advisory Committee, stated that the Committee had made several recommendations which were not contained in the final document, and she had submitted a letter to Council February 5, 1980, outlining the recommendations of the Housing Element Advisory Committee. The following members of the Housing Element Advisory Committee also spoke regarding the Committee's review of the Housing Element and the finalized document: Raymond Nisewaner, 1048 Marianas Lane John Doherty, 1329 Weher Street On the call for opponents, the following persons spoke: Russ Suisung, 221 Santa Clara Ave, stated he was opposed to the Housing Element. John Barni, 1277 Bay Street, spoke regarding condominium conversions and vacancy ratios The following persons spoke in opposition to condominium conversions: Gerherd Degemann, 304 Sand Beach Road Melvin Kahn, 467 Central Avenue Dorothy Allen, 1020 Pacific Avenue Samuel Young, Attorney for Heritage Properties, spoke regarding condominium conversions and filed a letter. President Corica obtained the consent of Council and ordered the hearing regarding the Housing Element continued to February 12, 1980, at 7:30 p.m. He also ordered consideration of the Resolution, "Amending Comprehensive General Plan by adopting Housing Element thereof and certifying review and consideration of the Negative Declaration for said Element", and the report regarding critical ratios as they relate to condominium conversions postponed to February 12, 1980, at 7:30 p.m. 80-086 Hearing in the Matter of a request to amend by deletion of Sections 11-14D2(f) and 11-14D3(g) of the Zoning Ordinance stipulating at least eight dwelling units are required for conversion of a structure to a multiple house, ZA 79-1. Applicant: John Barni. President Corica stated that the applicant had requested that the hearing be postponed to March 4, 1980 and ordered the hearing and the ordinance relative to the hearing held over to March 4, 1980. 80-087 Hearing in the Matter of a proposed amendment of the Zoning Ordinance to add Sec. 11-1211.1(a) defining day care facilities and exempting some day care facilities from the use permit process. President Corica explained the procedures to be used in the hearing: On the call for proponents of the Planning Board decision, there were none. On the call for opponents of the Planning Board decision, Nancy Coutts, 1835 San Jose Ave, Vice President of the Day Care Association, recommended that a use permit not be required for day care of no more than 12 children. 2/5/80 The following persons spoke in support of her recommendation: Lajuana Treadwell, Attorney for the Child Care Project Elizabeth Olney, 1430 St. Charles Street President Corica ordered the public portion of the hearing closed. Councilman Tillman made a motion, seconded by Councilman Diament, that the ordinance be amended to require that a use permit not be required for day care of no more than 12 children and directed that the matter be reviewed in six months to determine whether complaints have been received; the motion carried by unanimous voice vote - 4. Councilman Tillman made a motion, seconded by Councilman Diament, that the ordinance be considered out of sequence at this time; the motion carried by unanimous voice vote - 4. ORDINANCES 80 -088 Ordinance No. 1999 , "Amending the Alameda Municipal Code by adding certain sections thereto and amending certain sections thereof relating to community care facilities. Councilman Tillman made a motion, seconded by Councilman Diament, that the ordinance as amended, be introduced and passed to print; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Stone, Tillman and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. REPORTS AND RECOMMENDATIONS 80 -089 From President of Social Service Human Relations Board regarding the Board's involvement in the Holiday Clearing Bureau. Councilman Diament made a motion, seconded by Councilman Stone, that the City Manager's recommendation that Holiday Clearing Bureau activities continue to be coordinated from the City Manager's Office provided there is CETA staff available be approved; the motion carried by unanimous voice vote - 4. 80 -090 From City Manager regarding status of Fernside Boulevard Extension. Councilman Diament made a motion, seconded by Councilman Tillman, that the report be accepted; the motion carried by unanimous voice vote - 4. 80 -091 From City Manager submitting summary report of adjacent residents' preference in regard to parking around Jackson Park. President Corica stated that the City Manager recommended that curbs around Jackson Park be painted red to prohibit parking, that an ordinance preventing drinking on sidewalks and public streets be drafted, and curfew restricting access to Jackson Park after 9:00 p.m. include all the park area from the street curb surrounding the park. Councilman Diament made a motion, that the Alameda Unified School District be requested to consider closed campus for Alameda High School students. Barbara Borden, 343 Oleander Dr., and Gerhard Deggeman, 304 Sand Beach Road, spoke in opposition to restricting students at Alameda High School to a closed campus. 2/5/80 89 Councilman Diament stated she would withdraw her motion regarding closed campus. The following persons spoke regarding problems at Jackson Park: Reverend Don Longbottom, Immanuel Baptist Church Morris Grace, 1222 Park Avenue Reverend Russell Palmer, First Christian Church Russell Suising, 221 Santa Clara Avenue After Council discussion, Councilman Diament made a motion, seconded by Councilman Tillman, that the recommendations of the City Manager be approved as follows: 1. That curbs surrounding Jackson Park be painted red to prohibit parking. 2. That the City Attorney be directed to draft an ordinance preventing drinking on sidewalks and public streets. 3. That the curfew now restricting access to Jackson Park after 9:00 p.m. include all the park area from the street curb surrounding the park. Councilman Stone stated she would vote against the motion inasmuch as approximately 70 parking spaces would be removed and the residents have indicated they would prefer to contribute to a program that would allow parking for themselves and guests. Upon call of the roll, the motion carried by the following roll call vote: Ayes: Councilmen Diament, Tillman and President Corica - 3. Noes: Councilman Stone - Absent: Councilman Sherratt - 1. 80 -092 From Assistant to City Manager regarding business cards for members appointed to Boards and Commissions. Councilman Tillman made a motion, seconded by Councilman Diament, that the report be accepted and authorized provision of business cards, the signature type, for members of Boards and Commissions at a cost of 5168.00; the motion carried by unanimous voice vote - 4. RESOLUTIONS 80 -093 Resolution No. 9219, "Appointing J. Bruce Rupp City Manager of the City of Alameda." 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, Tillman and President Corica - 3. Noes: Councilman Stone - 1. Absent: Councilman Sherratt - 1. 80 -094 Resolution No. 9220, "Authorizing execution of personal services agreement between City of Alameda and J. Bruce Rupp." 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, Tillman and President Corica - 3. Noes: Councilman Stone - Absent: Councilman Sherratt - 1. 80 -095 Resolution No. 9221, "Appointing Eleanor M. Wallace as Acting Auditor - Assessor of the City of Alameda and establishing salary of said position." 2/5/80 90 Councilman Stone made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by unanimous voice vote - 4. 80 -096 Resolution No. 9222, "Amending the 1979 -80 Budget by transferring monies from the General Fund Reserve to the Auditor and Assessor Account." Councilman Diament made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by unanimous voice vote - 4. 80 -097 Resolution No. 9223, "Stating and requesting consolidation of a Special Municipal Election to be held Tuesday, June 3, 1980, with the State of California Primary Election to be held Tuesday, June 3, 1980." Councilman Diament made a motion, seconded by Councilman Stone, that the resolution be approved; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Stone, Tillman and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. 80 -098 Resolution No. 9224, "Calling a Special Election in the City of Alameda for the purpose of submitting to the Electors thereof the question of whether the Governor and Legislature of the State of California should be advised of the will of the people of the City of Alameda to have enacted into law a reallocation of existing sales and use taxes; fixing the date of said election, the manner of holding same, and providing for notice thereof; and consolidating said Special Election with the Primary Election of the State of California to be held on Tuesday, June 3, 1980." Councilman Diament made a motion, seconded by Councilman Stone, that the resolution be approved; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Stone, Tillman and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. SO -099 Resolution No. 92.25, "Proposing amendments to the Charter of the City of Alameda upon motion of the City Council; calling a Special Municipal Charter Amendment Election in the City of Alameda for the purpose of submitting to the Electors thereof proposals to amend said Charter, Viz: (1) By amending Sections 2 -1 and 2 -3 thereof, adding Sections 2 -15, 17 -14, 17 -15 and 17 -16 thereto and repealing Articles IV and V to abolish the Offices of Auditor and Treasurer and establish the Office of Finance Director, and (2) by amending Section 19 -2 to permit consolidation of City's General Elections with an election of another government agency; fixing date of said election, manner of holding same, and providing for notice thereof; and consolidating said Special Municipal Charter Amendment Election with the Primary Election of the State of California to be held on Tuesday, June 3, 1980." Councilman Stone made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Stone, Tillman and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. 2/5/80 80 -101 Resolution No. 9226, "Amending the Salary Resolution by amending the salary of the City Manager and by creating the position of Finance Director and establishing the salary therefore. " Councilman Diament made a motion, seconded by Councilman Stone, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Stone, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. CONSENT CALENDAR 80 -102 Josephine Bixler requested that the resolution, "Authorizing execution of license agreement with Harbor Bay Isle Associates for installation and maintenance of seven bus shelters on Bridgeway Road and Mecartney Road" be withdrawn in order to give the Mayor's Committee for the Handicapped time to determine whether thetas shelters will be accessible to handicapped persons. Councilman Diament made a motion, seconded by Councilman Stone, that the request to withdraw the resolution be granted; the motion carried by unanimous voice vote - 4. 80 -103 Councilman Diament requested information regarding the ordinance authorizing the transfer of certain City -owned real property to the Alameda Unified School District. The City Attorney stated that there was an error in the original legal description which conveyed the property to the School District,and the ordinance and quit claim deed would clear this up. INTRODUCTION OR ORDINANCES 80 -104 Ordinance No. 2000 , New Series, "Authorizing the transfer of certain City -owned real property to the Alameda Unified School District. Councilman Diament made a motion, seconded by Councilman Tillman, that the ordinance be introduced and passed to print; the motion passed by unanimous roll call vote: Ayes: Councilmen Diament, Stone, Tillman and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. 80 -105 Councilman Diament made a motion, seconded by Councilman Stone, that the remaining items on the Consent Calendar be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Stone, Tillman and President Corica - 4. Noes: None. Absent: Councilman Sherratt - 1. Those items so enacted, approved, or adopted are indicated by an asterick ( *). 2/5/80 REPORTS *80 -106 From Secretary of Planning Board regarding revisions to the California Environmental Quality Act (CEQA) Guidelines. The Council set the hearing date of Tuesday, February 19, 1980. RESOLUTIONS *80 -107 Resolution No. 9227, "Authorizing execution of agreement with Lloyd /Thomas/ Coats & Burchard Company relating to appraisal services and declaring determination to carry out Fernside Boulevard Extension Project ". Adopted. *80 -108 Resolution No. 9228, "Accepting conveyance from Alameda West Lagoon Home Owners' Association of certain real property and consenting to the recordation thereof." (Otis /Oak Mini- Park). Adopted. *80 -109 Resolution No. 9229, "Amending personal services agreement between City and James R. Sanderson (Engineering services relating to the Harbor Bay Isle Project)." Adopted. *80 -110 Resolution No. 9230, "Authorizing execution of agreement with Louis L.Y.Sung for personal services (Engineering services relating to the Harbor Bay Isle Project)." Adopted. *80 -111 Resolution No. 9231, "Amending personal services agreement between City and `Tobin S. C. Lee (Engineering services relating to the Alameda Marina Village Project)." Adopted. *80 -112 Resolution No. 9232, "Amending personal services agreement between City and Richard Rudloff (Engineering services relating to the Harbor Bay Isle Project)." Adopted. *80 -113 Resolution No. 9233, "Acknowledging Golf Professional's exercise of option to renew agreement granting license to furnish golf professional and other services at the Alameda Municipal Golf Courses." Adopted. *80 -114 Resolution No. 9234, "Rejecting previous bid and adopting new Specifications and Plans for Washington Park Phase IV, Area B, calling for bids and directing City Clerk to advertise same." Adopted. INTRODUCTION OF ORDINANCES *80 -115 Ordinance No. 2001 , New Series, "Amending the Alameda Municipal Code by adding Chapter 4 to Title XIV thereof relating to adoption and enforcement of the Fire Codes." Adopted. FINAL PASSAGE OF ORDINANCES *80 -116 Ordinance No. 1997, New Series, "Amending the Alameda Municipal Code by adding Subsection (6) to Section 17 -335.1 thereof, relating to parking in the City Employees' parking lot by the general public." Adopted. 2/5/80 *80 -117 Ordinance No. 1998, New Series, "Amending the Alameda Municipal Code by amending Section 2 -116 and Subsection (3) of Section 2 -117 thereof, relating to Order of Business of City Council." Adopted. BILLS *80 -118 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S138.477.71. RETURN TO REGULAR AGENDA NEW BUSINESS 80 -119 Councilman Diament stated that the League of California Cities is very interested in the cities becoming involved in the Census and inquired whether someone from the City had been designated. The City Manager stated he had contacted a coordinator with the Census Bureau to set up an "Exact Count Committee," had received the material, and would be setting up the Committee soon. 80 -120 Councilman Tillman requested that staff provide a report regarding CABLE TV in order to get this matter moving. 80 -121 President Corica stated he had received a telephone call from a lady who suggested that citizens consider flying the Canadian Flag,in addition to the American Flag, in appreciation for Canadian assistance in getting Americans out of Iran and suggested perhaps Alameda might wish to enter into a Sister City Program with Canada. FILING *80 -122 Agreement with J. Bruce Rupp for personal services. Agreement with Lloyd- Thomas /Coats & Burchard Co. for appraisal services. Agreement with Louis L. Y. Sung for personal services. Amendment to agreement with James R. Sanderson for personal services. Amendment to agreement with Robin S. C. Lee for personal services. Amendment to agreement with Richard Rudloff for personal services. Affadavit of City Manager and Chief of Police that all monies expended out of the Police Secret Fund during the period from July 1, 1979, to December 31, 1979, inclusive, have been expended in the manner provided by Section 17 -11 of the City Charter. Bureau of Electricity Financial and Operating Reports (2) for periods ending October 31 and November 30, 1979. ADJOURNMENT *80 -123 There being no further business to come before the meeting, the Council adjourned at 11:45 p.m. in respect to the memory of Father John M. Hamme, St. Barnabus, to assemble in regular session on Tuesday, February 19, 1980 at 7:30 o'clock p.m. 2/5/80 Respectfully submitted, DEEM SPEEGLE City Clerk