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1980-09-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY SEPTEMBER 16, 1980 Convened at 7:30 p.m. o'clock p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Sherratt. The Invocation was given by President Corica. ROLL CALL: Present: Councilmen Sherratt, Stone, Tillman and President Corica - 4. Absent: Councilman Diament - 1. MINUTES Councilman Stone made a motion, seconded by Councilman Tillman, that the Minutes of the special Council meetings of August 8, 14, and 18, and regular Council meeting of August 19, 1980, be approved as submitted. Councilman Sherratt stated he would abstain from voting on the minutes of the meetings of August 18 and 19 inasmuch as he had not been present. The motion carried by the following roll call vote: Ayes: Councilmen Stone, Tillman, and President Corica - 3. Noes: None. Abstaining: Councilman Sherratt. Absent: Councilman Diament - 1. CONSENT CALENDAR President Corica stated that requests had been received to remove the report relating to street names for Neptune Circle and Trident Court, the two resolutions relative to Tract 4374 and the resolution regarding financing for Patton Way from the Consent Calendar, and these items would be discussed later in the meeting. Councilman Sherratt made a motion, seconded by Councilman Stone, that the following remaining items on the Consent Calendar be approved; the motion carried by the following roll call vote: Councilmen Sherratt, Stone, Tillman and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. Items 50 enacted, approved, or adopted will be so indicated by an asterisk ( *) REPORTS AND RECOMMENDATIONS *80 -654 From Planning Director regarding proposed changes to the Zoning Ordinance relative to the design review function. The Council set the hearing date of October 7, 1980. *80 -655 From City Engineer recommending acceptance of improvements for Parcel Map 2574, 2161 Central Avenue, and return of the bond in the amount of S1,400.00. Approved. *80 -656 From Director of Recreation and Parks recommending acceptance of work for Phase IV of the Washington Park Project. Approved. *80 -657 From Purchasing Agent recommending purchase of an engine analyzer on the open market from Sun Electric Corporation in the amount of S12,778.51. Approved. September 16, 1980 *80 -658 From Purchasing Agent recommending purchase of four motorcycle radios and mounts and three portable radios on the open market from Motorola Communications and Electronics, Inc., fora total price of S15,730.65. Approved. RESOLUTIONS *80 -659 Resolution No. 9377, "Endorsing proposition for Referendum of Peripheral Canal." Adopted. *80 -660 Resolution No. 9378, "Approving the application for 1976 State grant moneys (Historic Museum Project)." Adopted. *80 -661 Resolution No. 9379, "Adopting specifications for furnishing to the City of Alameda four motorcycles with police package for the Police Department, calling for bids and directing City Clerk to advertise same." Adopted. *80 -662 Resolution No. 9380, "Accepting proposal as agreement (Phase II - Deloitte, Haskins & Sells Operations and Cost Effectiveness Study)." Adopted. BILLS *80 -663 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $83,090.14. RETURN TO REGULAR AGENDA SPECIAL ORDERS OF THE DAY 80 -664 Presentation by Alan Pendleton, BCDC, regarding staff positions on matters relative to the City of Alameda. Mr. Pendleton stated that BCDC had negotiated a second supplementary agreement with Harbor Bay Isle (HBI) Associates to resolve the issue of public access in Tract 3773 which established mitigation measures as follows: 1) HBI will relocate certain recreation facilities near the shoreline to provide additional shoreline width and will construct pedestrian and bicycle paths; the plans will be submitted to the City for review; 2) HBI will deposit $136,000 in an interest bearing account to be used for a public access improvement, which BCDC proposes to be a shoreline pedestrian bridge under the vehicular bridge connecting public access in the HBI development with City -owned property; and 3) HBI will landscape and provide public access on the CALTRANS triangle which is south of the Bay Farm Island Bridge. Mr. Pendleton further stated the Commission felt a pedestrian bridge was desirable because of the regional interest in continuing this access, and an appropriate agency to sponsor this project would be the East Bay Regional Park District. He noted that BCDC would contact the Park District regarding this project. President Corica stated that the Council had recommended that BCDC consider installation of a railing on the existing walkway on Bayfarm Island Bridge as a mitigation measure because of the danger to children and that he had expressed that position at a BCDC meeting. Mr. Pendleton stated the Commission felt the proposed pedestrian bridge was a more appropriate public access measure but that BCDC would support installation of a railing on the vehicular bridge and plans to seek legislative support to fund a railing on the bridge. He further stated BCDC staff would survey existing grants that might be available for funding a railing. September 16, 1980 Councilman Sherratt inquired whether the City had approached East Bay Regional Park District about assuming maintenance and operation of the shoreline and bicycle paths. The City Manager stated he had indicated the City's interest in that to Richard Trudeau of the Park District, but no conclusions had been reached at this point. Mr. Pendleton stated BCDC is currently negotiating with HBI regarding public access for Tract 4500, and when it is worked out, information will be submitted to the City. Leora Feeney, 1330 - 8th Street, spoke in support of providing continuous public access along the shoreline. Helen Freeman, 831 Laurel Street, requested a copy of the supplemental agreement. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report regarding the status of Patton Way be considered out of sequence on the agenda at this time; the motion carried by unanimous voice vote - 4. REPORTS AND RECOMMENDATIONS 80 -665 From Burton Crowell, Project Coordinator, submitting report on the status of the Patton Way Project. Burton Crowell stated he had received telephone approval of the Draft Environmental Assessment and indications from the Federal Government that the document would cover any.design problems and that this should enable the City to meet the October 16, 1980, deadline. Russell Sisung, 221 Santa Clara Avenue, inquired whether there would be a hearing on design review and on the Environmental Document and requested a copy of the Environmental Document. The City Engineer stated there is no requirement that a separate design hearing be held, and the Environmental Document would accommodate all the requirements relative to design. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted; the motion carried by unanimous voice vote - 4. WRITTEN COMMUNICATIONS 80 -666 From City of Newark, signed by Mayor Smith, recommending revision to Chapter 4, of "Solid Waste Management Facilities," to include certain language. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communication be placed on the agenda of October 7, 1980, inasmuch as a hearing on the Alameda County Solid Waste Management Plan will be held at that meeting; the motion carried by unanimous voice vote - 4. 80 -667 From Blair and Paula Hoit, 1132 Rosewood Way, requesting reconsideration of the denial for a Revocable Permit for a fence at 1840 Wood Street. September 16, 1980 Mr. Noit requested the Council grant the Revocable Permit and stated he had arrived at the prior meeting when the Permit was denied after the matter had been considered. Councilman Stone noted that no additional evidence had been submitted and made a motion, seconded by Councilman Tillman, that the correspondence be accepted and the previous Council denial of the Revocable Permit be upheld in accordance with the recommendation of the City Engineer. Councilman Sherratt stated he agreed with the denial but would abstain from voting inasmuch as he had not been present when the Permit was originally denied. Upon call of the roll, the motion carried by the following roll call vote: Ayes: Councilman Stone, Tillman, and President Corica - 3. Noes: None. Abstaining: Councilman Sherratt - 1. Absent: Councilman Diament - 1. 80 -668 From Viola M. Sumption, 21482 Clinton Avenue, requesting reconsideration of the denial for a Revocable Permit for a fence at 2420 Marti Rae Court. Councilman Stone noted no additional evidence had been submitted and made a motion, seconded by Councilman Tillman, that the correspondence be accepted and the previous Council denial of the Revocable Permit be upheld in accordance with the recommendation of the City Engineer. Councilman Sherratt stated he agreed with the denial but would abstain from voting inasmuch as he had not been present when the Permit was originally denied. Upon call of the roll, the motion carried by the following roll call vote: Ayes: Councilman Stone, Tillman, and President Corica - 3. Noes: None. abstaining: Councilman Sherratt - 1. Absent: Councilman Diament - 1. 80 -669 From Dividend Development Corporation, signed by James R. Omsberg, appealing the decision of the Planning Board in denying request for a Planned Development Amendment. (PDA 80 -5, Clipper Cove) President Corica noted that the appeal date of October 21, 1980, had been suggested and that the regular Council meeting on that date would be canceled inasmuch as there would not be a quorum,and a Special Council Meeting would be scheduled on October 28, 1980. Councilman Sherratt made a motion, seconded by Councilman Stone, that the appeal be heard October 28, 1980; the motion carried by unanimous voice vote - 4. APPEALS President Corica obtained the consent of Council and directed that the following two appeals be heard at the same time inasmuch as the appellant and the issues were the same. 80 -670 From V. Mark Rafanelli appealing the decision of the Planning Board in denying application for conversion of the Wavecrest Apartments, 2000 -08 Franciscan Way, to condominiums. 80 -671 From V. Mark Rafanelli appealing the decision of the Planning Board in denying application for conversion of the Lanai Apartments, 2020 -28 Franciscan Way, to condominiums. September 16, 1980 Councilman Sherratt stated there had been changes to the condominium conversion ordinance since the applications were filed with the Planning Board and suggested Mr. Rafanelli file new applications. Mr. Rafanelli stated he would concur and withdraw the appeals and file new appli- cations with the Planning Board. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the appeals be withdrawn and the applicant requested to submit new applications to the Planning Board; the motion carried by unanimous voice vote - 4. RFPnRTs AND RFnOMMWATInNs 80-671 From Secretary of Planning Board submitting Fiscal Impact Study of Tract 4500 prepared by Recht Hausrath and Associates. The Acting Planning Director stated Bruce Kearns, the consultant who prepared the report, was present to answer any questions. President Corica stated he would prefer to submit his concerns in writing and noted there would be additional reports forthcoming relative to Tract 4500, The City Manager stated the Council could submit their concerns to him, and he would forward to the consultant for incorporation into the final document which would be completed before consideration of the Tentative Map for Tract 4500 is before the Council. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and referred for consideration when the Tentative Map for Tract 4500 is before the Council; the motion carried by unanimous voice vote - 4. 80-672 From City Engineer recommending approval of the request to construct a lagoon wall at Alameda Hospital. Rudd Gast, Architect, spoke in support of approval to construct the lagoon wall. Leora Feeney, 1330 - 8th Street, expressed her concern that the wall might stop ducks from reaching the natural shoreline and requested that the matter be considered after a report is received from the Planning Department. Councilman Sherratt made a motion, seconded by Councilman Stone, that the rec- ommendation of the City Engineer to approve construction of the lagoon wall at Alameda Hospital be approved subject to review by the Planning Department staff; the motion carried by unanimous voice vote - 4. RESOLUTIONS 80-673 Resolution No. 9381, "Authorizing execution of an amendment to the agree- ment between the City of Alameda and MKGK Incorporated for performing five housing feasibility studies." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. September 16, 1980 80 -674 Resolution No. 9382 "Authorizing execution of license agreement with Park Webster Associates for installation and maintenance of an arbor." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. Councilman Sherratt made a motion, seconded by Councilman Stone, that the two resolutions held off the Consent Calendar relative to Tract 4374 be considered at this time inasmuch as they also related to Park Webster; the motion carried by unanimous voice vote - 4. 80 -675 Resolution No. 9383 "Approving Final Map of subdivision known as Tract 4374 and accepting certain dedicated easement and rights of access (Park Webster condominium conversion)." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be approved subject to filing of appropriate bond and approval of same by City Attorney, and directed Final Map not be signed until bond approved. President Corica stated he would oppose approval prior to receipt of the bond. The motion carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, and Tillman - 3. Noes: President Corica - 1. Absent: Councilman Diament - 80 -676 Resolution No. 9384 "Authorizing execution of agreement for construction and completion of improvements in connection with subdivision Tract 4374 and approving bonds as to sufficiency (Park Webster condominium conversion)." The City Attorney stated that the agreement states buildings are not to be occupied but that tenants are there now and that provision would not apply to tenants during the conversion. President Coroca stated he would oppose approval prior to receipt of the bond. Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be approved with the provision that the agreement not be executed until the appropriate bond has been received and approved by the City Attorney; the motion carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, and Tillman - 3. Noes: President Corica - 1. Absent: Councilman Diament - 1. 80 -677 Resolution No. 9385 "Authorizing execution of cooperation agreement between the City of Alameda and the Housing Authority of the City of Alameda relating to the Eagle Avenue site of the Makassar Straits Project." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. INTRODUCTION OF ORDINANCES 80 -678 Amending the Alameda Municipal Code by amending sections 2 -116 and 2 -117 thereof relating to Order of Business and Rules of Order for City Council meetings. September 16, 1980 Kate Quick, League of Women Voters, filed a letter dated September 16, 1980, and stated the League is opposed to the requirement that persons must sign up to speak and recommended amendments to the ordinance as follows: 1) Under Sec. 2-117 (7) - add, "member of the public," and 2) Under Sec. 2-117 (9) (e) - add, "Public discussion may follow Council deliberation." The following persons spoke in opposition to the requirement for speaker cards: Russell Sisung, 221 Santa Clara Avenue Leora Feeney, 1330 - 8th Street Ina Ratto, 1053 Island Drive Mrs. Ratto also stated she felt items listed on the agenda should be stated more clearly. Councilman Sherratt made a motion, seconded by Councilman Stone, that the ordinance be amended as follows: 1) Under Sec. 2-117 (7) - add, "member of the public," and 2) Under Sec. 2-117 (9) (e) - add, "Public discussion may follow Council deliberation," and that the ordinance be introduced and passed to print as amended; the motion carried on the following roll call vote: Ayes: Councilmen Sherratt, Stone, and Tillman - 3. Noes: President Corica - 1. Absent: Councilman Diament - 1. UNFINISHED BUSINESS President Corica stated that the remaining items on the Consent Calendar would be considered at this time. CONSENT CALENDAR REPORTS AND RECOMMENDATIONS 80-679 From Acting Planning Director recommending approval of two street names, Neptune Circle and Trident Court, in Tract 4206. Councilman Tillman recommended that the street proposed to be named Neptune Circle be named Croll's Gardens Road for historical reasons. After Council discussion, Councilman Tillman made a motion, seconded by Councilman Sherratt, that the recommendation to name the street Trident Court be approved and the street proposed to be named Neptune Circle be named Croll's Gardens Road; the motion carried by unanimous voice vote - 4. RESOLUTIONS 80-680 Resolution No. 9386 "Affirming intention to provide local matching money necessary to finance Patton Way." Russell Sisung, 221 Santa Clara Avenue, inquired as to how much the City's portion to finance Patton Way would be. The City Engineer stated that 86% would be the most paid from FAU funds, and the City would have to pay at least 14%. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Sherratt, Stone, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Diament - 1. September 16, 1980 FILING 80 -681 Amendment to agreement with MKGK Incorporated relating to housing studies. License agreement with Park Webster Associates for installation and maintenance of an arbor. Cooperation agreement with Housing Authority relating to Eagle Avenue site of Makassar Straits Project. Agreement relating to Tract 4374 Specifications for four motorcycles (MSP 9- 80 -1). ADJOURNMENT 80 -682 Councilman Tillman made a motion, seconded by Councilman Sherratt, that the Council adjourn to an Executive Session for a discussion of litigation and personnel matters; the motion carried by unanimous voice vote - 4. 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 9:50 p.m., to assemble in regular session on Tuesday, October 7, 1980, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGLE City Clerk September 16, 1980