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1980-04-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA TUESDAY APRIL 1, 1980 The meeting convened at 7:30 p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Tillman. The Invocation was delivered by Rev. Pam Morgan, First Presbyterian Church. ROLL CALL Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES Councilman Sherratt made a motion, seconded by Councilman Stone, that approval of the Minutes of the regular Council meeting of March 18, 1980, be held over to the next meeting inasmuch as all Councilmembers had not had an opportunity to read them; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilman Sherratt made a motion, seconded by Councilman Diament, that all of the items on the Consent Calendar as follows 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. Items so enacted, adopted, or approved are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *80 -238 From City Manager submitting status report on Fernside Boulevard Extension. Accepted. *80 -239 From City Engineer recommending that Council authorize the City Engineer to work with the Hospital Administrator of Alameda Hospital in the installation of two hospital directional signs at the intersection of Otis Drive and Willow Street. Approved. RESOLUTIONS *80 -240 Resolution No. 9265, "Authorizing execution of agreement with Antioch University relating to employment of Claudia Dain to assist in determining criteria for evaluating shopping facilities for Alameda Marina Village." Adopted. *8U -241 Resolution No. 9266, "Authorizing execution of agreement with County of Alameda establishing procedures for reimbursement of laboratory fees relating to driving under the influence of alcohol or other controlled substances." Adopted. *80 -242 Resolution No. 9267, "Authorizing execution of application for a grant from U. S. Department of Energy to establish program of solar retrofitting for moderate income homeowners in the City of Alameda." Adopted. *80 -243 Resolution No. 9268, "Relating to County -wide method for redistribution of property tax revenue following annexation." Adopted. April 1, 1980 FINAL PASSAGE OF ORDINANCES *80 -244 Ordinance No. 2006, New Series, "Repealing Section 17 -3724 of the Alameda Municipal Code which established two -hour free parking in a portion of Parking Lot C. (Emergency)" (Central Avenue) Adopted. BILLS *80 -245 An Itemized List of Claims, certified by the City Manager as correct was approved in the amount of $293,124.94. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS *80 -246 From Brian Joyce, 3009 Central Avenue, regarding acquisition of the old Lincoln School land at 2900 Central Avenue for designation as open- space. President Corica noted that the property is currently owned by a private developer and that although open space is a good idea, funds are not available for acquisition of the property. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communication be accepted and directed the City Manager to write a letter to Mr. Joyce informing him that funds are not currently available for acquisition of the property; the motion carried by unanimous voice vote - 5. 80 -247 From V. Mark Rafanelli, 1565 Madison Street, Oakland, requesting that his appeals from the Planning Board denial of his applications for the conversion of the Lanai Apartments and the Wavecrest Apartments to condominiums be continued from April 15, 1980, to July 15, 1980. Councilman Diament made a motion, seconded by Councilman Tillman, that the communication be accepted and the request for continuance of the appeal dates from April 15, 1980, to July 15, 1980 be granted; the motion carried by unanimous voice vote - 5. 80 -248 From Joseph M. Sullivan, 3221 Liberty Avenue, regarding Section 10 -13 and Section 3 -4 of the City Charter relative to number of votes necessary for boards to take action. After Council discussion, Councilman Stone made a motion, seconded by Councilman Sherratt, that the correspondence be accepted and the matter referred to the City Attorney; the motion carried by unanimous voice vote - 5. Joseph M. Sullivan, 3221 Liberty Avenue, spoke in support of the motion. HEARINGS 8U -249 In the Matter of the Environmental Determination for revised ultimate project description for the Harbor Bay Isle with special reference to Tract 4500 and an EDA Grant Proposal for the Business Park Infrastructure. The Planning Director stated that the Planning Board approved the Environmental Determination based upon the findings contained in Planning Board Resolution No. 1055 at their Special Meeting of March 20, 1980. April 1, 1980 The City Manager stated that the issue is whether there is sufficient information in the A. D. Little Environmental Impact Report and other subsequent documents and that any decisions made on the Environmental Determination would not prevent the Council or the Planning Board from modifying configuration of the project at a later date. President Corica explained the procedures to be used in the hearings. Upon the call for proponents, persons supporting the Planning Board decision in approving the Environmental Determination, the following persons spoke: Oscar Barry, Project Manager, Harbor Bay Isle, Inc. Dick Sinnott, Consultant for Harbor Bay Isle, Inc. Daniel Reidy, Consultant for Harbor Bay Isle, Inc. Howard Thompson, Consultant for Harbor Bay Isle, Inc. On the call for opponents, persons opposed to the Planning Board decision, the following persons spoke regarding traffic concerns, noise and effect on wildlife and erosion: Tom Luciano, 3166 Fiji Lane t.onard Blevins, Bay.Farm.lsiand Colonel Nisewaner, 1W18 Mari as _ Lane Jay Garfinkle, President of �uassi as Homeowners' Association filed a petition. Dale Blake, President of Islandia Homeowners' Association - tiled a petition. Rosalie McPherson, 1128 Marianas Lane Joseph Sullivan, 3221 Liberty Avenue Russell Sisung, 221 Santa Clara Avenue Leora Feeney,1330 - 8th Street Susan Burke, 1U33 Island Drive Allene Volin, League of Women Voters - filed letter. Elizabeth Rogers, 1261 Weber Street President Corica ordered the public portion of the hearing closed. President Corica recommended that the Council approve a program that would not have a detrimental effect on people living there now and that Harbor Bay Isle amend the project description to eliminate the street connectors. Jim Davis, Attorney for Harbor Bay Isle, stated that the Project Description was approved by the Planning Board and the developer believes it is the best plan and does not want it changed for the Environmental Determination. Councilman Stone inquired whether EDA would accept the Project Description without any street connectors or whether a new Environmental Impact Report (EIR) might be required. Mr. Sinnott stated that in his opinion a new EIR would be required if there were no street connectors. Councilman Diament stated sne was opposed to submitting a map that doesn't agree with the General Plan. President ('nri ca stated thai: he wanted to- t ~i ng -the map i n - conformance with the Combined Land. Use Plan (CLUP) now. April 1, 1980 Jim Davis, Attorney for Harbor Bay Isle, stated that they were asking only for a determination that an additional EIR is not required and that the developer must justify every one of those streets, the connections, and the noise data through the regular process. He further stated that if the Council wished the streets taken out during the application process, they would be taken out and the application amended. Councilman Stone stated that the developer may propose that CLUP be amended but the proposal would not necessarily be approved. Mr. Davis stated that he understood that. After further Council discussion, Councilman Tillman made a motion that the Planning Board recommendations be approved including the findings contained in Planning Board Resolution No. 1055 and the resolution relative to the Environmental Determination be considered out of order. Councilman Stone inquired whether the City would lose control of the project in any way by adopting the Planning board recommendation and adoption of the EIR. The City Manager stated that the answer to that is "No." Councilman Stone asked if it was correct that street connections can be determined at the PD, Tentative Map and even the Final Map stages it the Council chooses. The City Manager stated that is correct. Councilman Stone inquired whether any determination of the CNEL Line is being made tonight or whether or not there will even be residences there. The City Manager stated that no determination regarding the CNEL Line is being made tonight. Councilman Stone stated that she would second Councilman Tillman's motion since her questions had been clarified. Upon call of the roll, 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. RESOLUTIONS 8U -250 Resolution No. 9269, "Determining the existing Final Environmental Impact Report prepared by A. D. Little, Inc., and certified by the Alameda City Council on March 5, 1975, as supplemented by the Combined Land Use Plan and the City General Plan is adequate to cover revised ultimate project descrip- tion for Harbor Bay Isle Development with special reference to Tract 4500 and an EDA Grant Proposal tor the Business Park Infrastructure." Councilman Stone made a motion, seconded by Councilman Sherratt, that the resolution be adopted; 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. April 1, 1980 REPORTS AND RECOMMENDATIONS 80 -251 From Chairperson of the Mayor's Committee for the Handicapped submitting revised Committee Constitution for Council approval. Councilman Sherratt made a motion, seconded by Councilman Diament, that the revised Committee Constitution be approved; the motion carried by unanimous voice vote - 5. 80 -252 From President of the Library Board of Trustees requesting the City to acquire property at 1415 Oak Street for future Library expansion. President Corica noted that the City does not currently have funds to purchase the property for Library expansion. Dorothy Larzelere, President of the Library Board of Trustees, stated that the Board was primarily interested in the driveway and not the entire property. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted; the motion carried by unanimous voice vote - 5. 80 -253 From City Manager concerning crime problems in the vicinity of Santa Clara Avenue and High Street. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted; the motion carried by unanimous voice vote - 5. Councilman Stone stated that the traffic light at Santa Clara Avenue and High Street had been in the flashing mode over the weekend and had caused a traffic jam; she requested the City Engineer to investigate the matter. 80 -254 From City Engineer recommending acceptance of improvements in Harbor Bay Isle, Subdivision Tract 3713, and release of the $241,576 performance bond. the following persons spoke regarding erosion of lagoons in the general area of Tract 3713: Eddie Lee, 1132 Fontanta 3. D. Schuster, 3547 Norman Lane Elizabeth Rogers, 1261 Weber Street The City Engineer stated that there was no erosion in the portion of Tract 3713 which the bond under discussion covers. Steven Booksbend, President of Baywood Village Homeowners' Association, stated that the Association inspects every Tract before release of the bond, and the Association is satisfied with the developer's performance. April 1, 1960 Councilman Tillman made a motion, seconded by Councilman Sherratt, that the recommendation be approved; the motion carried by unanimous voice vote - 5. 80 -255 From Recreation and Parks Director submitting status report on the Shoreline Park construction. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80 -256 Resolution No. 9270, "Ordering vacation of unused electrical easement in Parcel 1 of Parcel Map No. 2996 (Parrot Village)." 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, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. 80 -257 Resolution No. 9271, "Authorizing execution of amendment to agreement with Industrial Employers and Distributors Association establishing new rates for consultation services relating to employer - employee relations. 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. INTRODUCTION OF ORDINANCES 80 -Z58 Ordinance No. , New Series, "Conveying to Ponderosa Homes a thirty - foot strip of land extending from present end of Washington Avenue." Councilman Tillman made a motion, seconded by Councilman Stone, that the ordinance be introduced and passed to print; 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 80 -259 Consideration of appointment of two Councilmembers as ex- officio members of the Housing Authority. President Corica stated that he had discussed the appointment of two Councilmembers as ex- officio members of the Housing Authority with the Housing Authority Boardmembers and that his suggestion had been favorably received by the Authority. President Corica nominated Councilmen Anne Diament and Charles Tillman for appointment as ex- officio members of the Housing Authority, seconded by Councilman Sherratt; the nominations were approved by unanimous voice vote - 5. April 1, 1980 80 -260 President Corica nominated Gerald Gajarian for appointment to the Ad Hoc Efficiency Committee, seconded by Councilman Sherratt; the nomination was approved by unanimous voice vote - 5. NEW BUSINESS 80 -261 Councilman Tillman made a motion, seconded by Councilman Diament, that the Council take a position in opposition to passage of Proposition 9 which will be on the June 3, 1980 ballot. Councilman Stone stated she would abstain inasmuch as she wished to study the issue further before taking a position. Upon call of the roll, the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman and President Corica - 4. Noes: None. Abstaining: Councilman Stone - 1. Absent: None. 80 -262 Councilman Diament stated there had been considerable vandalism at Franklin Park recently and requested the City Manager to investigate. FILING 80 -263 Amendment to agreement with Industrial Employers and Distributors Association relating to employer- employee relations. Agreement with Antioch University regarding Alameda Marina Village. Agreement with County of Alameda regarding laboratory fees ORAL COMMUNICATIUNS, GENERAL 80 -264 Russell Sisung, 221 Santa Clara Avenue, stated that Daniel Reidy was working as a consultant for Harbor Bay Isle, for the City as a consultant on Patton Way, and as a consultant to Alameda Marina Village. Mr. Sisung inquired whether this might be a conflict of interests. Elizabeth Rogers, 1261 Weber Street, stated that this had caused confusion at a Planning Board Meeting inasmuch as one of the Boardmembers had not realized that Mr. Reidy was acting as a consultant for the developer and not the City. After Council discussion, Councilman Diament requested that the City Attorney explore the question of whether a conflict of interests exists in that situation. ADJUURNMENT 80 -265 Councilman Diament made a motion, seconded by Councilman Sherratt, that the Council adjourn to Executive Session for a discussion of personnel and litigation matters; the motion carried by unanimous voice vote - 5. At the conclusion of discussion, it was determined that no action would be taken at this time. There being no further business to come before the meeting, the Council adjourned at 12:20 a.m., to assemble in regular session on Tuesday, April 15, 1980, at 7:30 p.m. espectfull submitt d, DEEN SPEEGL City Clerk