Loading...
1980-06-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 17, 1980 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance was led by Vice Mayor Stone. The Invocation was given by Rev. Bill Parish, Home of Truth. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES Councilman Diament made a motion, seconded by Councilman Sherratt, that the Minutes of the regular Council meeting of June 3, 1980, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR President Corica noted that requests had been received to remove the resolutions amending the salary resolution and excepting positions from Civil Service from the Consent Calendar,and the report from the City Engineer regarding Patton Way and the resolution amending administrative procedures withdrawn at request of City Manager. Councilman Sherratt made a motion, seconded by Councilman Diament, that the following remaining items on the Consent Calendar be approved; the motion carried by the following roll call vote: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. Items so enacted, approved, or adopted will be so indicated by an asterisk( *). REPORTS AND RECOMMENDATIONS *80 -424 From Secretary of Planning Board requesting that a hearing be scheduled for Tuesday, July 1, 1980, regarding Tentative Map for Tract 4545, for 66 condominium units at the Driftwood Apartments. Approved. *80 -425 From Secretary of Planning Board requesting that a hearing be scheduled for Tuesday, July 1, 1980, regarding Tentative Map for Tract 4548, for 44 condominium units at the Kitty Hawk Apartments. Approved. *80 -426 From Secretary of Planning Board requesting that a hearing be scheduled for Tuesday, July 1, 1980, regarding request to rezone property north of the pierhead and bulkhead line adjacent to 2639 Blanding Avenue from R -1 to M -2. Approved. *80 -427 From Secretary of Planning Board requesting that a hearing be scheduled for Tuesday, July 1, 1980, regarding amendment to Tentative Map 4206, 716 Central Avenue. Approved. *80 -428 From Secretary of Planning Board requesting that a hearing be scheduled for Tuesday, July 1, 1980, regarding proposed Zoning Amendment relative to off - street parking. Approved. June 17, 1980 *80 -429 From Burton Crowell, Project Coordinator, submitting status report on the Patton Way Project. Accepted. Russell A. Sisung, 221 Santa Clara Avenue, spoke on the report. *80 -430 From City Engineer recommending acceptance of improvements constructed by Harbor Bay Isle Associates on Mecartney Road between Belmont Place and County Road but excepting therefrom the planting in the medians. Approved recommendation. *80 -431 From City Engineer recommending that extension of nine months time to September 20, 1980, to complete improvements for Parcel Map 2602 be granted to Harbor Bay Isle. Approved recommendation. RESOLUTIONS *80 -432 Resolution No. 9308. Designating the number and providing for the compensation of certain officers and other employees of the City of Alameda (certain regular City positions (Police and Fire) and Comprehensive Employment and Training Act employees)." Adopted. *80 -433 Resolution No. 9309, "Awarding contract for legal advertising for City of Alameda to Alameda Times- Star." Adopted. *80 -434 Resolution No. 9310, "Appointing Eleanor W. Wallace as Acting Auditor- Assessor of the City of Alameda." Adopted. *80 -435 Resolution No. 9311, "Providing for the amount per diem for officers and employees of the City of Alameda for traveling expenses." Adopted. FINAL PASSAGE OF ORDINANCES *80 -436 Ordinance No. 2012„ New Series, "Emergency ordinance amending the Alameda Municipal Code by adding subsection (31) to Section 17 -344.1 relating to parking limit on Central Avenue West of Walnut Street." Adopted. *80 -437 Ordinance No. 2013, New Series, Amending the Alameda Municipal Code by adding Article 6 to Chapter 9 of Title X thereof relating to interim review of older buildings by Historical Advisory Commission. *80 -438 Ordinance No. 2014, New Series, "Authorizing acceptance and execution of a lease agreement between the Alameda Unified School District, as lessor, and the City of Alameda, as lessee, relating to the premises to be used for the Mastick Senior Center." Adopted. FILING 80 -439 Contract for legal advertising with Alameda Times -Star. Bureau of Electricity Financial and Operating Report for month ended April 30, 1980. BILLS *80 -440 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $127,674.24. June 17, 1980 RETURN TO REGULAR AGENDA Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolutions appointing members to the Housing Authority be considered out of sequence on the agenda; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80 -441 Resolution No. 9312, "Appointing William Rosen a Commissioner of the Housing Authority of the City of Alameda." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5 Ayes: Noes: None. Absent: None. The Clerk administered the oath of office to Mr. Rosen. 80 -442 Resolution No. 9313, "Appointing Georgia B. Swisher a Commissioner of the Housing Authority of the City of Alameda." 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. The Clerk administered the oath of office to Ms. Swisher. 80 -443 Resolution No. 9314, "Appointing Dorothy A. Jones a Commissioner of the Housing Authority of the City of Alameda." 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. It was noted that Ms. Jones was not present, and the oath would be administered later. 80 -444 Resolution No. 9315, "Appointing Rose M. Ferro a Commissioner of the Housing Authority of the City of Alameda." 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. The Clerk administered the oath of office to Ms. Ferro. WRITTEN COMMUNICATIONS 80 -445 From Harbor Bay Isle, signed by Ronald H. Cowan, regarding land use along the bay edge in Tract 4500. President Corica suggested that inasmuch as additional information on this subject had recently been received and the Council had not had time for review that the matter be postponed. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be placed on the agenda of July 1, 1980; the motion carried by unanimous voice vote - 5. June 17, 1980 80 -446 From Port of Oakland, signed by Wallace Mersereau, requesting to renew for a further term of 25 years the lease between the Port and City of Alameda for submerged tidelands. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be referred to staff for review and report back to Council; the motion carried by unanimous voice vote - 5. 80 -447 From Northside Association, signed by William H. Hildebrand, regarding proposed fencing adjacent to Buena Vista Park. President Corica noted that the City Manager had recommended that the fence be funded. Councilman Diament made a motion, seconded by Councilman Sherratt, that the communication be accepted; the motion carried by unanimous voice vote - 5. 80 -448 From Jan Glading, 988 -A Park Street, requesting to make a presentation regarding City policy relative to tree trimming. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communication be accepted and referred to staff for a report and that Ms. Glading be notified when the matter is placed on the agenda; the motion carried by unanimous voice vote - 5. 80 -449 From Leonard E. Peters, 1003 Tahiti Lane, requesting to discuss the removal of organized baseball games from the Gerladine T. Leydecker Park. Mr. Peters stated that bright lights, parking, noise, and the late hour that the games are over are causing problems in a residential area and requested that they be scheduled in other parks; he also filed a petition. The following persons spoke in support of his request: Rose Peters, 1003 Tahiti Lane Ms. Leverson, 301 LaGunaria Lane John Barni, Jr., 1277 Bay Street Steve Curtis, 410 Ironwood Road Doran Emerson, 1003 Camino Del Valle The following persons spoke in favor of continuing the games at Leydecker Park: Jack Cooley, 1811 Pearl Street Kevin Burnett, 34 Garden Road Bob Haslam, 1428 Fernside Boulevard Denise Ratto, 3267 Washington Street Jenny Mar, 630 Rock Isle Debbie Antonelli Kim Thomas, 118 Carob lane; also filed a petition Frank Ghiglione, 1622 Moreland Drive Cheryl Orfield, 1001 Buena Vista June 17, 1980 President Corica stated that it was gratifying that even though some of the residents and the ball players had opposing views, they have indicated a willingness to cooperate with each other to alleviate the problems. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, as follows: 1. That the parking situation be improved immediately by working out an arrangement so parking may be allowed in the shopping center and that teams be notified. 2. That the Recreation Commission be directed to work out a solution prior to next year's baseball season, possibly scheduling only two games per evening in the park. 3. That the games continue this year but be curtailed to end at 10:15 p.m. or 10 :30 p.m. maximum. The motion carried by unanimous voice vote - 5. 80 -450 From Harbor Bay Isle, signed by Jeannie Applegate, requesting an extension of one year from June 19, 1980, to June 19, 1981, for installation of the improvements in Tract 3842. Councilmc lament made a motion, seconded by Councilman Sherratt, that the communica- tion be i and the request granted; the motion carried by unanimous voice vote - 5. HEARINGS 80 -451 Hearing to consider amendment to the Alameda Municipal Code by amending Article 4D of Chapter 1, Title XI, thereof relating to conversions to multiple houses (condominium conversions). The Acting Planning Director stated that a request to amend the ordinance to allow a structure of less than eight units to be converted to condominiums was received,and the Planning Board had received several applications for conversions and concerns were expressed regarding the amount of rental housing available for persons..with moderate incomes and problems of relocation. She further stated that the ordinance as drafted provides that no conversion of rental housing to multiple houses shall be permitted when the ratio of owner - occupied units exceeds 50% of the total number of dwelling units available. President Corica explained the procedures to be used in the hearing. On the call for proponents in favor of the amendment as recommended by the Planning Board, John Barni, 1277 Bay Street, spoke on the matter. On the call for opponents, Russell Sisung, 221, Santa Clara Avenue, spoke. President Corica declared the public portion of the hearing closed. President Corica stated he was concerned about the rental housing stock inasmuch as when all of the projects already approved are completed the ratio of owner - occupied units will be very close to 50 %. After considerable Council discussion, Councilman Tillman made a motion that the ordinance, as drafted, which contains the 50% critical ratio, be introduced; the motion FAILED for lack of a second. June 17, 1980 Councilman Diament made a motion that the ordinance be amended to require a ratio of 40% owner - occupied units and 60% retained for rental housing; the motion FAILED for lack of a second. Councilman Sherratt made a motion, seconded by Councilman Stone, that the ordinance be amended to require a critical ratio of 60% owner- occupied units and 40% retained for rental housing and that the ordinance be introduced out of sequence on the agenda; the motion carried by the following roll call vote: Ayes: Councilman Sherratt, Stone, and Tillman - 3. Noes: Councilman Diament and President Corica - 2. Absent: None. INTRODUCTION OF ORDINANCES 80 -451 Ordinance No. , New Series, "Amending the Alameda Municipal Code by amending Article 4D of Chapter 1, Title XI thereof relating to conversions to multiple houses (condominium conversions)." Councilman Sherratt made a motion, seconded by Councilman Stone, that the ordinance, as amended, be passed to print; 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. HEARINGS 80 -452 Hearing on the appeal of the Alameda Unified School District against the decision of the Planning Board in denying application for Rezoning R -80 -1, to change the Zoning District from R -1, One- Family Residence District, to R -5, General Apartment District, to permit office uses at 400 Grand Street. The Assistant Planning Director stated that the Planning Board had considered the School Board's request to change the zoning at 400 Grand Street to permit office uses at a meeting on May 12, 1980, and had denied the application. President Corica explained procedures to be used in the hearing, and on the call for proponents in favor of the Planning Board decision in denying the application, the following persons spoke: Raymond Taylor, 421 Grand Street Eugene Quen, 429 Grand Street Lois Rexinger, 413 Grand Street Opal Taylor, 421 Grand Street Richard Persoff, 1612 Dayton Street; also read a statement from his wife, Jessica. Jean Ma, 320 Grand Street On the call for opponents, Charles Tudor, Assistant Superintendent of Schools, stated that the School District wished to lease the property as professional offices and had no plans at the present to sell. The following persons also spoke in opposition: Gerhard Degemann, 304 Sand Beach Road Joseph Sullivan, 3221 Liberty Avenue President Corica ordered the public portion of the hearing closed. June 17, 1980 Councilman Stone requested information as to whether the deed contains a reversionary clause. President Corica stated he would favor granting the rezoning for the School District if the community would be able to provide input when tentants apply to lease the facilities. After Council discussion, Councilman Diament made a motion that the decision of the Planning Board be overruled and the rezoning to R -5 be granted with the provisions that if the property is sold the zoning revert to R -1 and that citizens be notified when applications are processed through the use permit procedure; the motion FAILED for lack of a second. Councilman Sherratt made a motion, seconded by Councilman Stone, that the decision of the Planning Board in denying the request for rezoning at 400 Grand Street be upheld; 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. APPEALS 80 -453 From St. Francis Taxicab, signed by Henry T. Prowitt, appealing the decision of the City Manager in denying application for an Owner's Permit to Operate Public Motor Vehicles (taxis) in the City of Alameda. The Assistant City Manager stated that a hearing had been held and under provisions of the Alameda Municipal Code he must make a determination that additional taxi cabs are needed for public convenience and interest and a determination of the impacts on existing businesses. He further stated that he had requested the applicant to furnish information to substantiate the need for additional taxis and he had not done so. On the call for proponents, persons in support of the decision of the City Manager, the following persons spoke: John Barnard, attorney for Goodwill Cab Company Grace Douglas, 920 Park Street On the call for opponents, Edward Curley, St. Francis Taxicab Service, stated that he had not understood the request for additional information and that his firm had hoped to provide additional taxicab service to Alameda. Henry Prowitt also spoke in support of the appeal. President Corica stated he was opposed to one cab company monopolizing sale of the taxicab script. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the decision of the City Manager in denying application for an Owner's Permit to operate Public Motor Vehicles of St. Francis Taxicab be upheld inasmuch as the criteria required in the Code had not been met; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None. June 17, 1980 REPORTS AND RECOMMENDATIONS 80 -454 From President of Planning Board recommending that the Council retain the 12 -acre interior park reserved in Village IV, Tract 3810. President Corica noted that this recommendation had been discussed at the same time as the Written Communication from Harbor Bay Isle relative to this subject. 80 -455 From President of Planning Board regarding off - street parking facilities in business areas. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and forwarded to the Park Street Revitalization Committee; the motion carried by unanimous voice vote - 5. 80 -456 From Ad Hoc Efficiency Committee submitting recommendations relative to the Purchasing Department. Sid Haag, member of the Committee,summarized the report. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and referred to the City Manager for evaluation; the motion carried by unanimous voice vote - 5. 80 -457 From City Engineer recommending that an extension of 18 months, to January 19, 1981, for completion of improvements in Tract 3773 be granted. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the extension of time be granted; the motion carried by unanimous voice vote - 5. President Corica obtained the consent of Council and ordered that discussion of City position on BCDC mitigation relative to Lot 4 in Tract 3773 be placed on the July 1, 1980, agenda inasmuch as BCDC will hold a meeting on that subject July 3, 1980. 80 -458 From City Engineer regarding conditions of Harbor Bay Isle Perimeter. The City Engineer stated that although the bond expires December 6, 1980, the responsibility does not, and the Reclamation District would be responsible for maintenance of the perimeter. President Corica stated he was concerned about future erosion and that the developer should be held responsible for an extended length of time. Councilman Tillman recommended that the homeowners' associations on Bay Farm Island be apprised of the situation in order that they have time to hold meetings prior to expiration of the bond. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Tillman, that the City Manager and City Attorney be directed to investigate the legalities of extending the time on bonds and that the City Engineer's report be forwarded to homeowners' associations on Bay Farm Island; the motion carried by unanimous voice vote - 5. June 17, 1980 UNFINISHED BUSINESS 80 -459 Consideration of appointment to Civil Service Board. President Corica obtained the consent of Council and ordered consideration of this matter continued to July 1, 1980. 80 -460 Discussion of Resolution No. 9306 authorizing agreement with Ironside & Associates relative to preparation of an Environmental Impact Report for the Fernside Extension Project. President Corica noted that the Council had received a letter from Ironside & Associates, signed by Robert L. Ironside, dated June 16, 1980, requesting permission to terminate the agreement to prepare an EIR for the proposed Fernside Boulevard extension. Councilman Sherratt made a motion, seconded by Councilman Diament, that the Council accept the resignation; the motion carried by unanimous voice vote - 5. 80 -461 President Corica noted that there had been previous discussion of the use of police dogs for law enforcement and requested that the matter be investigated. 80 -462 Councilman Tillman requested that some action be taken in regard to Otis Mini -Park. The City Engineer noted that some activities are scheduled on June 19 and 21 on Otis Mini -Park matter. President Corica directed that the items previously withdrawn from the Consent Calendar be considered at this time. CONSENT CALENDAR RESOLUTIONS 80 -463 Resolution No. 9316, "Amending the salary resolution by deleting the position of Finance Director and by creating the position of Administrative Assistant and establishing the salary therefor." 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 -464 Resolution No. 9317, "Requesting Civil Service Board except the positions of Assistant City Manager and Administrative Assistant from the Civil Service of the City of Alameda." 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. President Corica noted that the person who requested to speak on the two previous resolutions was no longer present. June 17, 1980 ADJOURNMENT 80 -465 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. The Council adjourned to Executive Session in tribute to the memory of Chris Freeman and Clarence N. "Budgie" Hood. After discussion of litigation and personnel matters, 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 12:45 a.m., to assemble in regular session on Tuesday, duly 1, 1980, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGLE City Clerk June 17, 1980