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1980-07-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JULY 15, 1980 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Diament. The Invocation was given by Reverend Roger Patterson, Trinity Lutheran Church. 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 17, 1980, and Special Council Meeting of June 30, 1980, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilman Sherratt made a motion, seconded by Councilman Diament, that all 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 -520 "From Director of Recreation and Parks recommending acceptance of work for Leydecker Park Project and that a Notice of Completion be filed. Approved. RESOLUTIONS Resolution No. 9337 *80 -521 "Approving Final Map for subdivision known as Tract 4206 and accepting certain dedicated easements." Adopted. "" Resolution No. 9338 *80 -522 Authorizing execution of agreement tor construction and completion of improvements in connection with Subdivision Tract 4206 and approving bonds as to sufficiency." Adopted. Resolution No. 9339 *80 -523 "Amending Salary and Position Resolution No. 9162 by creating one (1) position of Engineering Office Assistant and setting the salary therefor and by deleting one (1) position of Senior Stenographer Clerk, in the Engineering Department. "Adopted. Resolution No. 9340 *80 -524 "Adopting Specifications and Provisions for furnishing to the City of Alameda proposals for the towing of private vehicles within the City, calling for bids and directing City Clerk to advertise same." Adopted. Resolution No. 9341 *80 -525 "Adopting Specifications for furnishing to the City of Alameda coin collection of on and off street parking meters within the City, calling for bids and directing City Clerk to advertise same." Adopted. July 15, 1980 FINAL PASSAGE OF ORDINANCES Ordinance No. 2016 *80 -526 Amending Ordinance No. 642 New Series by amending Section 5.1 thereof, relating to reclassification of personnel. Adopted. Ordinance No. 2017 *80 -527 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). Adopted. Ordinance No. 2018 *80 -528 Amending the Alameda municipal Lode by amending Section 11 -14C3 thereof and adding Section 11- 14C3.1 thereto relating to replacement of dilapidated or obsolete garages. Adopted. BILLS *80 -529 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $166,286.80. RETURN TO REGULAR AGENDA Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolutions appointing members to various Boards and Commissions be considered out of sequence on the agenda; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80 -530 Resolution No. 9342, "Appointing Tom D. Paddison a member of the Civil Service Board." 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. 80 -531 Resolution No. 9343, "Appointing Robert D. Nicol a member of the Alameda Historical Advisory Commission." 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. Upon request, the Clerk administered the Oath of Office to Mr. Nicol. 80 -532 Resolution No. 9344, "Appointing Ronald I. Curtis a member of the Library Board." Councilman Tillman 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. 80 -533 Resolution No. 9345, "Appointing Don M. King a member of the Library Board." 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. 80 -534 Resolution No. 9346, Appointing Joseph F. Durein a member of the Public Utilities Board." July 15. 1980 Councilman Stone made a motion, seconded by Councilman Diament, that the resolution be approved; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Upon request, the Clerk administered the Oath of Office to Mr. Durein. 80-535 Resolution No. 9347, "Appointing Brian R. McDonald a member of the Social Service Human Relations Board." 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, Tillman, and President Corica - 5. 80-536 Resolution No. 9348. "Appointing Louis R. Baca a member of the Social Service Human Relations Board." 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. Upon request, the Clerk administered the Oath of Office to Mr. Baca. It was noted that members appointed who were unable to be present would take the Oath of Office in the Clerk's Office. WRITTEN COMMUNICATIONS 80-537 From Brent G. Ryder, 2059 Santa Clara Avenue #2, requesting a Revocable Permit for a fence encroaching into the public right of way at 2059 and 2063 Santa Clara Avenue. Councilman Sherratt made a motion, seconded by Councilman Stone, that the matter be referred to the City Engineer for a report to be placed on the Agenda of August 5, 1980. Mr. Ryder requested that the Revocable Permit be granted inasmuch as the fence only encroached three inches and the posts ten inches and that the matter be resolved at this time. The Cny'Engineer stated that his office had no objection to a Revocable Permit and that the sidewalk at that location is unusually wide. Councilman Stone recommended that the previous motion be withdrawn, accepted by Councilman Sherratt, and offered a motion, seconded by Councilman Sherratt, that the Revocable Permit be granted; the motion carried by unanimous voice vote - 5 80-538 From Otto Sammet, 2624 Janis Circle, regarding swimming pool at 2618 Janis Circle. Mr. Sammet stated that his property had repeatedly been flooded and that he had been harassed by his neighbor. July 15, 1980 Councilman Sherratt stated that the issue had been before the Council several times and City staff had found no violations of City regulations and that it had appeared to be a matter between the two parties involved. President Corica recommended that staff investigate the matter again and that Mr. Sammet contact the Police Department if he is harassed by his neighbor. Councilman Stone made a motion, seconded by Councilman Diament, that the communication be accepted and directed the City Manager to refer to appropriate departments for investigation of violations and a report; the motion carried by unanimous voice vote - 5. HEARINGS 80 -539 Hearing to establish policy regarding private encroachment into public tidelands relative to structures on East Shore. President Corica stated there appears to be two issues: 1) Private encroachment onto public lands; and 2) Dedicated access to shorelines. The Acting Planning Director stated that the issues arise from a provision in the General Plan that the City begin to assert the public interest in privately held land. President Corica explained the procedures to be used in the hearing and called for proponents in favor of the Council establishing a policy whereby lease arrangements can be made with property owners for use of tidelands. On the call for proponents, the following persons spoke: Helen Freeman, 831 Laurel Street Carl McBeth, 3267 Fernside; he stated he was also speaking for Jerry Locks, 3301 Fernside. Paul Gutleben, 2844 San Jose Avenue Jeff Allen, 1610 Fernside On the call for opponents, the following persons indicated they were not necessarily opposed to establishing a policy and addressed various issues relative to tidelands; i.e., encroachment in various areas, inspection of individual parcels, rates, and restrictions to be included in the leases: Robert Decelle, 2763 Beach Road Art Briscoe, 1320 East Shore and submitted maps and written material. Robert Tennant, 3229 Fernside Boulevard James Boyd, 1312 East Shore Drive Leonard Long, 1522 East Shore Drive Rosalie McPherson, 1128 Marianas Lane Joseph Sullivan, 3221 Liberty Avenue Giff Rogers, 1628 Fernside, stated he had previously requested permission to build a ramp and mooring facility and requested the Council to authorize a lease arrangement. July 15, 1980 The City Manager stated that in response to the concern expressed regarding encroachment on Bayview that he would investigate at once. Councilman Stone requested the following when the matter is again before Council: 1) That it be clearly spelled out whether the City will be required to be a coapplicant for renovation or repair to existing docks inasmuch as the Use Permit requirement was recently deleted; 2) Whether the property owner has the right to sublease; and 3) Whether any citizen may bid on a lease. Councilman Diament recommended that a time limit on the leases be considered in order that future governments would not be precluded from making changes along the Bay edge. Councilman Sherratt made a motion, seconded by Councilman Stone, that the concept of leases for private encroachment into tidelands be approved and staff directed as follows: 1) To prepare leases applicable to various types of improvements, with a legal description, for Council consideration; 2) Obtain appraisals of various properties and submit appropriate rates to Council, which would be discussed with homeowners at public hearings; 3) Refer the issue of dedicated lands along Fernside Boulevard and East Shore Drive to the Planning Board for hearing and recommendation on appropriate uses of these properties; 4) Refer the question of "can we vacate these dedications or allow leases on these dedicated lands?" to the City Attorney for resolution of this question and any other legal issues; 5) To prepare a lease arrangement with Giff Rogers subject to establishment of rates in the future. President Corica recommended that the referral to the Planning Board of the issue of dedicated lands along Fernside Boulevard and East Shore Drive for recommendation of appropriate uses not be limited to those two streets but include other applicable areas in Alameda. After Council discussion, Councilman Sherratt amended his motion, accepted by Councilman Stone, that the lease agreements for use of public tidelands be prepared and applied wherever appropriate; the motion as amended carried by unanimous voice vote - 5. 80-540 Hearing 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. President Corica announced that the hearing on this matter and the resolution would be continued to August 5, 1980, at the request of the developer. 80-541 Hearing 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, President Corica announced that the hearing and ordinance on this matter would be continued to August 5, 1980, at the request of the developer. REPORTS AND RECOMMENDATIONS 80-542 From City Engineer regarding the City's street tree policy. July 15, 1980 Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and a copy forwarded to Ms. Jan Glading who had raised the issue; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80-543 Resolution No. 9349, "Authorizing City of Alameda to pursue Army Corps of Engineers 103 funding." 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, Sherratt, Stone, Tillman, and President Corica - 5. 80-544 Resolution. No. 9350,"Authorizing execution of agreement in connection with preparation of an Environmental Impact Report for the Fernside Boulevard Extension Project." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be adopted and the recommendation of the City Engineer that the Environmental Impact Planning Corporation be authorized to prepare the Environmental Impact Report in accordance with their proposal dated July 11, 1980, be approved. Councilman Stone recommended that the motion be amended to require that the draft be completed in eight weeks. Councilman Sherratt made an amendment to his motion, accepted by Councilman Stone, that the City Engineer be instructed to negotiate with Environmental Impact Planning Corporation to reduce the proposed time frame; the motion as amended carried by unanimous voice vote - 5. 80-545 Resolution No. 9351, "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 therof proposals amending Charter provisions to establish the duties of the Auditor and Treasurer and the qualifications thereof; fixing date of said election manner of holding same, and providing for notice thereof; and consolidating said Special Municipal Charter Amendment Election with the General Election of the State of California to be held on Tuesday, November 4, 1980." President Corica stated that both positions would still be elective, that qualifications would be established, and possibly the salaries could be reduced inasmuch as the duties are less than they had previously been which would effect a cost savings. Rosalie McPherson, 1128 Marianas Lane, spoke in opposition to the proposed Charter Amendment and requested that a Charter Review Committee be established. She further requested a public hearing be held. The following persons spoke in support of Ms. McPherson's requests: Helen Freeman, 831 Laurel Street Joseph Sullivan, 3221 Liberty Avenue President Corica obtained the consent of Council and directed that a public hearing be held to answer concerns of citizens and obtain input on the proposed Charter Amendment. July 15, 1980 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. 80 -546 Resolution No. 9352, "Stating and requesting consolidation of a Special Municipal Election to be held Tuesday, November 4, 1980, with the State of California General Election to be held Tuesday, November 4, 1980." 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 INTRODUCTION OF ORDINANCES 80 -547 Ordinance No. , "Amending the Alameda Municipal Code by adding Article 3 to Chapter 5 of Title XVIII thereof requiring business proprietors to exclude minors from any room or place where devices for the smoking, injecting or consuming of marijuana, hashish, PCP or any controlled substances are displayed or offered for sale." Lou Baca, 886 Cedar Street, inquired whether activities at the Flea Market would be covered. Councilman Sherratt requested that the City Attorney answer the inquiry when the ordinance is placed on the agenda for final passage. 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. UNFINISHED BUSINESS 80 -548 Councilman Tillman stated that at the last meeting, statements were made regarding median income in City of Alameda relative to other cities in the County and he would like to clarify that. He stated that Alameda was fifth lowest in the County as far as median income, and the median income was $10,674 in 1970, and according to the CLUP Document it was $15,100 in 1976. 80 -549 Councilman Stone requested the City Manager to provide a clear definition as to what the City's position will be regarding the proposed EDA grant and Industrial Park in Tract 4500 inasmuch as she had heard there might have been changes from the original proposal. Councilman Tillman stated that the former City Manager had prepared a confidential report regarding that matter and requested the the confidentiality status be removed. President Corica obtained the consent of Council and so ordered. July 15, 1980 80 -550 Councilman Diament referred to a letter from the Alameda Historical Society regarding promise of a letter of recognition and request for assistance in locating a permanent museum for items relative to history of Alameda and suggested that a possible site might be the old brick firehouse currently used for maintenance next to City Hall. President Corica obtained the consent of Council and directed staff to explore that possibility. 80 -551 President Corica recommended that an elected official attend BCDC, and other governing bodies' meetings, when the City has an item of interest and requested that the City Manager notify Council of such meetings. He further stated this would be in addition to City staff who currently attend such meetings. ADJOURNMENT 80 -552 Councilman Diament made a motion, seconded by Councilman Sherratt, that the Council adjourn to Executive Session for consideration of personnel and litigation matters; the motion carried by unanimous voice vote - 5. The Council adjourned to Execution Session in tribute to the memory of John Russell Hyde. At the conclusion of discussion in Execution Session, 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 11:25 p.m., to assemble in regular session on Tuesday, August 5, 1980, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGLE City Clerk July 15, 1980