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1980-07-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JULY 1, 1980 Convened at 7 :30 o'clock p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Sherratt. The Invocation was given by Rev. Chuck Nahnsen, Immanuel Lutheran Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES President Corica noted that the minutes of the regular Council meeting of June 17, 1980, would be considered at the next meeting, July 15, 1980. CONSENT CALENDAR President Corica stated that a request for removal of the resolution relating to rate for parking meters on City's off - street parking lots had been received and would be considered later in the meeting. 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 -469 From Acting Secretary of Planning Board requesting that a hearing date of July 15, 1980, be scheduled to consider rezoning petition R -80 -4 to change the zoning of the Silva Farms property on Oleander Avenue, southeast of Melrose Avenue and including the end of Magnolia Avenue, from R- 1 -A -PD, One Family Residential Agriculture Planned Development, to R -2 -PD, Two Family Planned Development. Approved hearing date. *80 -470 From Acting Secretary of Planning Board requesting that a hearing date of July 15, 1980, be scheduled to consider General Plan Amendment GPA -80 -5 to amend the Proposed Land Use Map designation of the Combined Land Use Plan (CLUP) for the Silva Farms 17.82 acre site on Oleander Avenue, southeast of Melrose Avenue, and including the end of Magnolia Avenue, from Single Family to Special Single Family; and to the text of the CLUP to be consistent with the map designation change. Approved hearing date. *80 -471 From City Engineer regarding status of expenses for Patton Way studies. Accepted. July 1, 1980 RESOLUTIONS *80-472 Resolution No. 9319, "Awarding contract for mechanical systems maintenance at the Police Administration Building to Western Air & Refrigeration, Inc., and authorizing execution." Adopted. +80-473 Resolution No. 9320, "Awarding contract for installation of house laterals and other work connected therewith to Bepco, Inc., and authorizing execution." Adopted. +80-474 Resolution No. 9321, "Awarding contract for repair of Portland cement concrete sidewalk and driveway to M. F. Maher, Inc., and authorizing execution." Adopted. *80-475 Resolution No. 9322, "Awarding contract for minor street patching with asphalt concrete to Bepco, Inc., and authorizing execution." Adopted. *80-476 Resolution No. 9323, "Rejecting all bids and authorizing open market negotiation for janitorial services." Adopted. *80-477 Resolution No. 9324, "Confirming Canvass by Registrar of Voters of Alameda County of State Primary Election held June 3, 1980,x Adopted. *80-478 Resolution No. 9325, "Amending the administrative procedures for processing Development Projects; Environmental Impact Reports (EIR); and selecting consultants to prepare EIRs for the City." Adopted. *80-479 Resolution No. 9326, "Dedicating certain real property public use for street and highway purposes (City Line Road from Doolittle Drive to Maitland Drive)." Adopted. *80-480 Resolution No. 9327, " Acknowledging Lessee's intention and right to renew lease of City-owned land to the Port of Oakland." Adopted. *80-481 Resolution No. 9328,"Extending the Alameda 911 Trial Participation Agreement between the City of Alameda and the County of Alameda to September 30, 1881." Adopted. *80-482 Resolution No. 9329, "Authorizing application for acquisition of 3.457 acres of surplus Federal real property for park and recreation purposes." Adopted. *80-483 Resolution No. 9330, "Authorizing execution of agreement with Alameda Cab Company, Inc., relating to City's elderly and handicapped taxi service." Adopted. INTRODUCTION OF ORDINANCES *30-484 Ordinance No. , New Series, "Amending Ordinance No. 642 New Series by amending Section 5,1 thereof, relating to reclassification of personnel." Passed to print. BILLS *80-485 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $174,569.86. July 1, 1980 FILING *80 -486 Extension of 911 Trial_ Participation Agreement with County of Alameda. Agreement with Alameda Cab Company relating to City's elderly and handicapped taxi service. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 80 -487 From Florence B. Hyde, City Treasurer, regarding her retirement effective September 1, 1980. Councilman Sherratt made a motion, seconded by Councilman Diament, that the retirement be accepted with regret and an appropriate resolution be prepared commending Mrs. Hyde for her years of service to the City; the motion carried by unanimous voice vote - 5. 80 -488 From V. M. Rafanelli & Associates, Inc., requesting appeals from the Planning Board denial of applications for the conversion of the Lanai Apartments and the Wavecrest Apartments to condominiums be continued from July 15, 1980, to September 16, 1980. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the communication be accepted and the request that the appeals be continued from July 15, 1980, to September 16, 1980, be granted; the motion carried by unanimous voice vote - 5. 80 -489 From Harbor Bay Isle, signed by Ronald H. Cowan, regarding land use along the bay edge in Tract 4500. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communication be considered in conjunction with the reports from the President of Planning Board and Chairman of Recreation Commission inasmuch as they relate to the same subject; the motion carried by unanimous voice vote - 5. HEARINGS 80 -490 Hearing to consider the proposed Tentative Map for Tract 4545, 610 -624 Willow Street, 2101 -2125 Otis Drive, for 66 condominium units at the Driftwood Apartments. The Acting Planning Director stated that the Planning Board had approved the Tentative Map for Tract 4545 subject to conditions and findings outlined in the report dated May 30, 1980. President Corica explained procedures to be used in the hearing, and on the call for proponents, V. M. Rafanelli spoke in support of the Planning Board decision and said that one additional lifetime lease had been granted for a total of 11. On the call for opponents, the following persons spoke: John Scott Darlene Bando, Gerhard Degeman, 304 Sand Beach Road President Corica declared the public portion of the hearing closed. President Corica stated he was opposed to condominium conversions at this time inasmuch as conversions deplete the availability of rental housing and that he would comment further when the ordinance relative to condominium conversions is considered. After further Council discussion, Councilman Sherratt made a motion, seconded by Councilman Tillman, that the resolution approving the Map subject to conditions be considered out of sequence on the agenda: The motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None. RESOLUTIONS 80 -491 Resolution No. 9331, "Approving Tentative Map for Tract 4545, a condominium division of property at 610 -624 Willow Street and 2101 -2125 Otis Drive, finding said Tentative Map consistent with the City's General Plan and determining that discharge of waste into sewer system will not violate regional water quality control regulations." 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, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None. HEARINGS 80 -492 Hearing to consider the proposed Tentative Map for Tract 4548, 325 Kittyhawk Road, for 44 condominium units at the Kitty Hawk Apartments. The Acting Planning Director stated that the Planning Board approved the Tentative Map for Tract 4548 subject to 27 conditions in Planning Board Resolution No. 1047 as amended in the report from Secretary of the Planning Board dated May 30, 1980. President Corica explained the procedures to be used in the hearing. On the call for proponents, V. M. Rafanelli spoke in support of the Planning Board decision. On the call for opponents, there were no speakers; President Corica closed hearing. President Corica stated he was opposed to condominium conversions at this time inasmuch as such conversions deplete available rental housing. Councilman Sherratt made a motion, seconded by Councilman Stone, that the Tentative Map be approved subject to conditions and the resolution considered out of sequence on the agenda. The motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None. July 1, 1980 RESOLUTIONS 80 -493 Resolution No. 9332, "Approving Tentative Map for Tract 4548, a condominium division of property at 325 Kittyhawk Road, finding said Tentative Map consistent with the City's General Plan and determining that discharge of waste into sewer system will not violate regional water quality control regulations." 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, and Tillman - 4. Noes: President Corica - 1. Absent: None. HEARINGS 80 -494 Hearing regarding consideration of amendment to Tentative Map 4206, 716 Central Avenue. The Acting Planning Director stated that the purpose of the amendment was to permit separate ownership of each unit and had been approved by the Planning Board subject to conditions outlined in a report dated June 10, 1980. president Corica outlined procedures to be used in the hearing and on the call for proponents in favor of the Planning Board decision, Eric Schmitz, Tri State Engineering, spoke. On the call for opponents, there were no speakers. President Corica declared the public portion of the hearing closed. Councilman Stone made a motion, seconded by Councilman Diament, that the amendment be approved and the resolution considered out of sequence on the agenda; the motion carried by the following roll call vote: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. RESOLUTIONS 80 -495 Resolution No. 9333, "Approving amended Tentative Map for Tract 4206, a division of property at 716 Central Avenue, finding said amended Tentative Map consistent with the City's General Plan and determining that discharge of waste into sewer system will not violate regional water quality control regulations." Councilman Stone made a motion, seconded by Councilman Tillman, that the resolution be adopted; the motion carried by the following roll call vote: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. HEARINGS 80 -496 Hearing regarding Rezoning Petition R -80 -5, to change the Zoning District from R -1, One- Family Residential District, for 40 x 1064.75 foot parcel of land immediately north of the pierhead and bulkhead line adjacent to 2639 Blanding Avenue in the Fernside Shopping Center, to M -2, General Industrial (Manufacturing District. (Applicant: The Sailboat Shop /John F. O'Rourke) July 1, 1980 The Acting Planning Director stated this was an application to rezone waterways adjacent to the existing dock and had been approved by the Planning Board based upon findings outlined in the report dated June 10, 1980. President Corica explained procedures to be used in the hearing, and on the call for proponents, John F. O'Rourke spoke in support of the Planning Board decision. On the call for opponents, there were no speakers; President Corica declared the public portion of the hearing closed. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the application be approved and the ordinance considered out of sequence on the agenda; 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 -497 Ordinance No. , New Series, "Reclassifying and rezoning certain property within the City of Alameda by amending Zoning Ordinance No. 1277, New Series. (Applicant: The Sailboat Shop /John F. O'Rourke)" Councilman Diament made a motion, seconded by Councilman Sherratt, that the ordinance be introduced and passed to print; the motion carried by the following roll call vote: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. HEARINGS 80 -498 Hearing on proposed Zoning Amendment (ZA -80 -1) to permit replacement of existing garages accessory to existing structures which will not meet the required number of off - street parking spaces but will increase the total number of parking spaces, as a new provision following the existing provisions of Sec. 11 -14C3 of the Zoning Ordinance. (Applicant: Planning Board) The Acting Planning Director stated that the proposed amendment would allow replacement of existing garages accessory to existing structures which will increase the total number of available parking spaces subject to conditions outlined in the report dated May 30, 1980. President Corica explained procedures to be used in the hearing. On the call for proponents, there were no speakers; on the call for opponents, there were no speakers. President Corica declared the public portion of the hearing closed. Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance approving the amendment be considered out of sequence on the agenda; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. July 1, 1980 INTRODUCTION OF ORDINANCES 80-499 Ordinance No. , New Series„ "Amending the Alameda Municipal Code by amending Section 11-14C3.1 thereto relating to replacement of dilapidated or obsolete garages." Councilman Diament made a motion, seconded by Councilman Sherratt, 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. REPORTS AND RECOMMENDATIONS President Corica stated that the following two reports would be considered at the same time and in conjunction with the communication from Harbor Bay Isle inasmuch as they relate to land use in Tract 4500. 80-500 From President of Planning Board recommending that the Council retain the 12-acre interior park and shoreline park reserved in Village IV, Tract 3810. 80-501 From Chairman of Recreation Commission recommending retention of twelve- acre parcel for park purposes and continued exploration of methods of assuring public access to the shoreline in Tract 4500, President Corica stated he was concerned about possible swap of the interior park/school site as it was not known what might be needed in a few years. President Corica stated he was also concerned about maintenance of the perimeter and requested staff to explore legal methods whereby the developer would be held responsible for the perimeter for an extended period of time. The following persons spoke regarding maintenance of the perimeter: John Scott Graham, 2110 Santa Clara Avenue Joseph Sullivan, 3221 Liberty Avenue James B. Davis, Attorney for Harbor Bay Isle, spoke in support of the land swap and stated that dwelling unit taxes could be used to purchase the interior site if the City so desired at a later date. Oscar Barry, Harbor Bay Isle, spoke in support of the land swap. The following persons spoke in support of retaining the interior park/school site: Elizabeth Rogers, 1261 Weber Kate Quick, League of Women Voters and filed a letter. Gerhard Degemann, 304 Sand Beach Road Lance Russum, Chairman of Recreation Commission Leora Feeney, 1330 - 8th Street Joseph Sullivan, 3221 Liberty Avenue After considerable Council discussion, Councilman Diament made a motion that the 12-acre interior site be designated as the priority site; the motion FAILED for lack of a second. July 1, 1980 After further Council discussion, Councilman Sherratt made a motion that the 12 -acre shoreline park be designated as a priority and that a seven -year option be retained for purchase of the 12 -acre interior site. Councilman Tillman seconded the motion, and offered an amendment, accepted by Councilman Sherratt, that the purchase option be for the present market value. The motion, as amended, carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, and Tillman - 3. Noes: Councilman Diament and President Corica - 2. Mr. Davis, Attorney for Harbor Bay Isle, stated that neither he nor Mr. Barry were authorized to agree to a seven -year optionfor the property at the present market value at this time. President Corica obtained the consent of Council and directed that the item relative to Lot 4 in Tract 3773 be considered out of sequence at this time. UNFINISHED BUSINESS 80 -502 Discussion of City position on BCDC mitigation relative to Lot 4 in Tract 3773. President Corica stated that the matter of mitigation with Harbor Bay Isle will be before BCDC and recommended that installing a railing on Bay Farm Island Bridge be considered for the safety of children. Oscar Barry, Harbor Bay Isle, stated that there had been discussion of Harbor Bay Isle furnishing $136,000 for a public improvement and of using that money for an improved bicycle and pedestrian path adjacent to Bay Farm Island Bridge. He futher stated that any improvements would be subject to approval by the City and he felt it was premature for the City to take a position at this time. Leora Feeney, 1330 - 8th Street, spoke in support of retaining shoreline access. Joseph Sullivan, 3221 Liberty Avenue, recommended that the City take a position at this time. Gerhard Degemann, 304 Sand Beach Road, recommended that if a rail is installed on the bridge that the matter come before Boards and Commissions involved in considerations relative to Tract 3773. After Council discussion, Councilman Stone made a motion that BCDC be informed that the Council's position is that they consider installation of a railing on Bay Farm Island as a mitigation measure. Councilman Sherratt seconded the motion, and offered an amendment to the motion, accepted by Councilman Stone, that the installation of a railing on Bay Farm Island Bridge be considered in addition to the original communications from the City which supported continuity of the shoreline. Councilman Tillman stated he would oppose the motion as he felt a position was premature. Upon call of the roll, the motion, as amended, carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and President Corica - 4. Noes: Councilman Tillman - 1. Absent: None. July 1, 1980 REPORTS AND RECOMMENDATIONS 80 -503 From Chairperson of Mayor's Committee for the Handicapped regarding facilities for the handicapped at Alameda Federal Savings at Harbor Bay Landing. President Corica stated that the Committee was requesting that Councilmembers attempt to use the sink in the restroom facilities in wheelchairs. Councilman Sherratt stated there was some question as to whether it is a public restroom and requested an answer from staff. President Corica obtained the consent of Council and stated that he and Councilmen Diament and Tillman would check out the facility. 80 -504 From Chairperson of Mayor's Committee for the Handicapped regarding radio public service announcements on behalf of the handicapped. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted and the proposed service announcements approved; the motion carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 80 -505 Ordinance No. 2015, 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) President Corica stated he was opposed to the ordinance and recommended that a critical ratio providing that at least 50% of dwelling units be reserved for rental housing instead of the current 60% for owner- occupied units and 40% for rental. The following persons spoke in opposition to passage of the ordinance: Ina Ratto, 1053 Island Drive Bob Brewer, 2045 Buena Vista Avenue Joseph Sullivan, 3221 Liberty Avenue Linda Pritchard, 3263 San Jose Avenue Councilman Tillman made a motion, seconded by Councilman Stone, that the ordinance be adopted; the motion carried by the following roll call vote: Councilmen Sherratt, Stone, and Tillman - 3. Noes: Councilman Diament and President Corica - 2. Absent: None. UNFINISHED BUSINESS 80 -506 Consideration of appointment of member to the Civil Service Board. President Corica nominated Tom D. Paddison for reappointment to the Civil Service Board; the nomination was seconded by Councilman Diament and carried by unanimous voice vote - 5 80 -507 Consideration of appointment of member to the Historical Advisory Commission. President Corica nominated Robert D. Nicol for reappointment to the Historical Advisory Commission; the nomination was seconded by Councilman Sherratt and carried by unanimous voice vote - 5. July 1, 1980 80 -508 Consideration of appointments of members to Library Board. President Corica nominated Ronald Curtis for reappointment and Don M. King for appointment to the Library Board; the nominations were seconded by Councilman Sherratt and carried by unanimous voice vote - 5. 80 -509 Consideration of appointment of member to Public Utilities Board. President Corica nominated Joseph F. Durein for reappointment to the Public Utilities Board; the nomination was seconded by Councilman Diament and carried by unanimous voice vote - 5. 80 -510 Consideration of appointments of two members to the Social Service Human Relations Board. President Corica nominated Louis R. Baca for reappointment and Brian McDonald for appointment to the Social Service Human Relations Board; the nominations were seconded by Councilman Sherratt and carried by unanimous voice vote - 5. President Corica stated that the Council would consider the resolution relating to rate for parking meters on City's off - street parking lots which was previously removed from the Consent Calendar. RESOLUTIONS 80 -511 Resolution No. 9334, "Amending Section 3 of Resolution No. 5472, relating to the rate for parking meters on the City's off - street parking lots." Councilman Stone requested that the City Manager refer the time allowed for parking meters to the Chamber of Commerce and Park Street Revitalization Committee for comment. 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 Diament, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. NEW BUSINESS 80 -512 Councilman Tillman suggested that the Council suggest to the Housing Authority that the new Eagle Avenue housing facility be named in honor of Reginald Williams. President Corica obtained the consent of Council and so ordered. 80 -513 President Corica informed the Council and community that the City Treasurer Mrs. Florence Hyde's husband; John,had been seriously ill and requested that everyone stand in silent prayer on behalf of John Russell Hyde and his family. Members of Council, staff, and members of the community stood in silent prayer as requested. ADJOURNMENT There being no further business to come before the meeting, the Council adjourned at 12:40 a.m., in tribute to the memory of Jason Robert Longbottom, to assemble in regular session on Tuesday, July 15, 1980, at 7:30 o'clock p.m. spectively submitted, July 1, 1980 DEEN SPEEG ' , C y Clerk