1980-11-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY NOVEMBER 18, 1980
The meeting convened at 7:00 p.m., with President Corica presiding. The Pledge
of Allegiance was led by Councilman Diament. The Invocation was given by Rev.
A. J. Larsen, First Presbyterian Church.
ROLL CALL Present: Councilmen Diament, Sherratt, Tillman, and President Corica 4.
Absent: Councilman Stone {noted ill) - 1.
MINUTES
Councilman Sherratt made a motion, seconded by Councilman Diament, that the Minutes
of the Special Council Meeting of October 28, 1980, be approved as submitted; the
motion carried by unanimous voice vote - 4.
With the consent of Council, Preisdent Corica directed that the Joint Meeting
with the Mayor's Committee for the Handicapped be considered as the first item
of business.
SPECIAL ORDERS OF THE DAY
80 -780 Joint Meeting of the Council and the Mayor's Committee for the Handicapped.
Josephine Bixler, Chairperson of the Committee, introduced other members present
as follows: Willa Lindsey, Marie Courneen, Eddie Sommerauer, and Bob Nicol.
Mrs. Bixler requested direction as to the policy and role of the Mayor's Committee
for the Handicapped and stated the Committee sometimes does not know of an accessi-
bility problem until after the fact, and it is often difficult to correct then.
After Council and Committee discussion, with the consent of Council, President Corica
indicated to the Committee that it is appropriate for them to directly submit
recommendations or request information to City staff or City boards, but when
recommendations are finalized or changes requested, these matters should be sub-
mitted to Council for a policy decision.
After discussion of the possibility of the Mayor's Committee for the Handicapped
operating under an ordinance as Boards and Commissions do, with the consent of
Council, President Corica directed staff to prepare an analysis as to whether
it is preferable for the Committee to operate under an ordinance with specific
rules, regulations, and guidelines or more feasible for the Committee to continue
to operate as in the past.
The City Manager stated that to the extent the Building Department is aware,
they should address infractions of the code as it relates to accessibility for
the handicapped and that he would emphasize that to the Building Department.
Mrs. Bixler stated the Committee would finalize an Annual Report for submission
to the Council.
November 18, 1980
CONSENT CALENDAR
President Corica noted that the report regarding the Patton Way Project and the
two resolutions relating to Tract 4545 would be withdrawn from the Consent
Calendar and would be considered later in the meeting.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the following
remaining items on the Consent Calendar be adopted; the motion carried by the
following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and
President Corica - 4. Noes: None. Absent: Councilman Stone - 1.
Items 50 enacted, approved, or adopted, will be indicated by an asterisk (*).
REPORTS AND RECOMMENDATIONS
+80-781 From Acting Planning Director requesting that a hearing be scheduled
December 2, 1980, regarding Parcel Map for Tract 3302 at Santa Clara and Eighth
Street. Approved hearing date.
*80-782 From Director of Recreation and Parks recommending acceptance of work
for construction of the Recreation/Library Building at Leydecker Park (PW 10-79-11\
and recordation of the Notice of Completion. Approved.
*80-783 From City Engineer recommending acceptance of work for the North Catalina
Avenue Sanitary Sewage Pumping Plant. Approved.
+80-784 From City Engineer recommending extension of time to Harbor Bay Isle
Associates to May 4, 1981, for completion of improvements in Tract 3634, Baywood
Village. Approved.
+80-785 From City Engineer recommending extension of time to December 31, 1981,
be granted to Dividend Development Corporation for completion of improvements in
Tract 4120, south of Bridgeway Road and west of Oyster Pond Road, and reduction
of bond from $741,033 to $31,000. Approved.
*80-786 From Purchasing Agent recommending approval to purchase a fire pump on the
open market from Coast Apparatus dba Gruman Emergency Products, Inc,, for the
total price of $9,256.48. Approved.
RESOLUTIONS
*80-787 Resolution No. 4411 "Amending personal services agreement between the
City and J. Bruce Rupp relating to his services as City Manager." Adopted.
*80-788 Resolution No. 9412 "Designating the number of and providing for the
compensation of certain City employees not represented by a bargaining unit,
C,E.T.A, administrative positions and City Council appointed positions." Adopted.
+80-789 Resolution No. 9413 "Authorizing execution of architectural services
agreement with Italo A. Calpestri III for design of the Grand Street Boat Ramp."
Adopted.
FILING
*80-790 Personal services agreement with J. Bruce Rupp for services as City
Manager.
Architectural services agreement with Italo A. Calpestri III for design
Grand Street Boat Ra0p,
Agreement in connection with Tract 4545.
November 18` 1980
BILLS
80-791 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of $165,149.99.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
80-792 From Alameda County Mosquito Abatement District requesting the Council
to appoint a trustee to the District for a two-year term from January 2, 1981,
to January 2, 1983.
Councilman Tillman made a motion, seconded by Councilman Sherratt, that a resolution
be prepared to appoint Mark Hanna to serve as a trustee for a two-year term;
the motion carried by unanimous voice vote - 4.
80-793 From Mrs. Edith Julian, #7 Garden Road, regarding the hours of operation
and noise of street sweepers at the Harbor Bay Isle Shopping Center.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the communi-
cation be accepted; the motion carried by unanimous voice vote - 4.
The City Manager stated he would contact Bedford Associates again regarding this matter.
Joseph Sullivan, 3221 Liberty Avenue, complained about the noise made by garbage
collectors during early morning hours.
President Corica suggested City Manager contact Alameda Disposal Company regarding
complaint of noise by garbage collectors.
80-794 From Pacific Shops, Inc., signed by Wayne Milani, expressing concerns
regarding the use of Clement Avenue as a Truck Route.
President Corica noted that the City Manager and the Traffic Advisory Committee
had been investigating trucks and other matters relating to concerns expressed
in the correspondence and a report would be forthcoming.
Councilman Sherratt made a motion, seconded by Councilman Diament, to direct
the City Manager to submit the report relating to truck routes for the Council
meeting of December 2, 1980; the motion carried by unanimous voice vote - 4.
80-795 From City of Adelanto, signed by Mayor Foster, requesting the Council
support a constitutional initiative to legalize Las Vegas-style gambling at two
locations and allow off-track parimutuel wagering on horse racing at 500 locations.
Councilman Tillman made a motion, seconded by Councilman Sherratt, that the com-
munication be accepted; the motion carried by unanimous voice vote - 4.
80-796 From Jules Duc Construction Company, Inc., signed by Jules Duc, Jr.,
requesting an extension of time to complete improvements in Tract 4402 at Harbor
Bay Isle.
Councilman Diament made a motion, seconded by Councilman Tillman, that the com-
munication be referred to the City Engineer for a report for the Council meeting
of December 2, 1980; the motion carried by unanimous voice vote - 4.
November 18, 1980
80-797 From Centennial Real Estate, signed by Linda Pritchard, regarding placement
of signs to market real estate for resale on Bay Farm Island.
Linda Pritchard, 3263 San Jose, stated that signs advertising homes for resale
had been confiscated and requested information as to who has control of signs
placed in the median strip.
Linda Bauder stated she had also had real estate signs confiscated.
Rosalie McPherson, 1128 Marinas Lane, also requested information as to who controls
the median strip.
After considerable Council discussion, with consent of Council, President Corica
directed staff provide a report regarding legalities as to the following: 1) What
controls were on the PD and CC & R's when they were adopted and whether they
can be amended; 2) Who has control of the median strips and whether a person
can negotiate to place signs there; and 4) How this problem relates to the sign
ordinance.
Ruby Morrissen, President of Board of Realtors, requested that the homeowners'
association, community association, and the developer be requested not to confiscate
signs until the report is finalized.
Councilman Tillman made a motion, seconded by Councilman Sherratt, that the community
association, homowners' association, and the developer be requested not to confiscate
signs or levy fines until the staff report is finalized and Council makes a policy
decision; the motion carried by unanimous voice vote - 4.
Oscar Barry, Harbor Bay Isle Associates, stated they would cooperate and would
not remove any signs until the Council has made a policy decision.
HEARINGS
80-798 Hearing regarding amendments to the Combined Land Use Plan and the Noise
Element of the General Plan relative to Tract 4500.
The Acting Planning Director stated that the proposed noise element line would
be approximately 500 feet south of its present location along Catalina Avenue.
She summarized the exhibits and Planning Board resolutions attached to the report
dated October 23, 1980, which details proposed changes to the Combined Land Use
Plan as approved by the Board.
Oscar Barry, Harbor Bay Isle Associates, requested the Council not to render
a final decision until the Planning Board recommendation relating to zoning is
considered.
President Corica stated the matter should be heard, and the Council could decide
as to whether to make the final decision. He also explained the procedures to
be used in the hearing and called for proponents, persons in favor of the Planning
Board recommendations.
Dan Reidy, consultant for Harbor Bay Isle Associates, recommended that the Council
approve the Planning Board recommendations with one exception. He recommended
that the Council amend placement of the land use line to allow the lagoon to
be placed between homes and the business park as a buffer as the Planning Board
had indicated they would not approve homes being built right up to the demarkation
line.
November 18, 1980
Robert Wood, Planning Board Member, referred to the "Y" intersection at Magnolia Drive
and stated it was intent of motion adopted by Planning Board that there be no
additional connecting road,and the road intended to connect Silva Farms and Magnolia
join to 0in dnd run along the northern boundary of Tract 4500 to City Line Road.
The following persons spoke in support of the Planning Board recommendations:
Joseph Sullivan, 3221 Liberty Avenue
Dale Blake, 3185 Phoenix Lane
Rosalie McPherson, 1128 Marianas Lane
Paul Ducas, 1166 Island Drive
On the call for opponents, there were no speakers.
President Corica ordered the public portion of the hearing closed.
Councilman Sherratt stated he was in agreement with the comments made by Wood regarding Magnolia Drive and offered a motion, seconded by
�0UDcil0aD Tillman, that the recommendations of the Planning Board be approved
and the resolution amending the Combined Land Use Plan amended as follows:
Page 3 (2) (a), last sentence amended to read, "From the southeast end of the
existing Silva Farms property, a street may be extended along the northern boundary
of the HBI industrial area to connect" ; and that the two resolutions
relating to Tract 4500 be considered out of sequence on the agenda.
President Corica stated he had a problem with moving the noise element line as
expansion of the Oakland Airport and whatever is developed will create additional
noise.
Upon call of the roll, the motion carried by the following roll call vote: AveS:
Councilmen Diament, Sherratt, and Tillman - 3. Noes: President Corica - 1. '
AbS8Ot: Councilman Stone - 1.
RESOLUTIONS
80-799 Resolution No. 9414 "Amending the Combined Land Use Plan of the General
Plan of the City of Alameda relating to Tract 4500.x
Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution
be adopted as amended; the motion carried by the following roll call vote: Ave5:
Councilmen Diament, Sherratt, and Tillman - 3. Noes: President Corica - 1.
'
Ab3ent: Councilman Stone - 1.
80-800 Resolution No. 9415 "Amending the Noise Element of the General Plan
of the City of Alameda relating to Tract 4500."
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
Diament, Sherratt, and Tillman - 3. Noes: President Corica - 1. Absent: Councilman
Stone - 1.
HEARINGS
80-801 Hearing regarding Tentative Map for Tract 4591, located at Packet Landing
Road, Bridgeway Road and Sheffield Road/Kevington Place.
November 18" 1980
The Acting Planning Director stated that the Planning Board had approved the
Tentative Map for Tract 4591, a development of 204 dwelling units, subject to
findings and conditions outlined in Planning Board Resolutions Nos. 1084 and
1095.
President Corica explained the procedures to be used in the hearings, and upon
the call for proponents in favor of the Planning Board recommendations, Jeff
Slavin, Ponderosa Homes, spoke in favor of approval of the Tentative Map and
offered to answer any questions.
On the call for opponents in opposition to approval of the Tentative Map, the
following persons spoke:
Rosalie McPherson, 1728 Marinas Lane
Joseph Sullivan, 3221 Liberty Avenue
Councilman Sherratt made a motion, seconded by Councilman Tillman, that the Tentative
Map be approved subject to the findings and conditions imposed by the Planning
Board and the resolution considered out of sequence at this time; the motion
carried by unanimous voice vote - 4.
RESOLUTIONS
80-802 Resolution No. 9416, "Approving Tentative Map for Tract 4591, a condominium
subdivision of property bounded by Shoreline Park, Packet Landing Road, Bridgeway
Road and Sheffield Road/Kevington Place; 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 regulations
(Ponderosa Homes)."
-
Councilman Diament made a motion, seconded by Councilman Sherratt, that the reso-
lution be adopted; the motion carried by the following roll call vote: A«8S:
Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None.
Absent: Councilman Stone - 1.
REPORTS AND RECOMMENDATIONS
80-803 From Secretary of Planning Board regarding amendments to the Combined
Land Use Plan and the Noise Element relating to Tract 4500.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the report
be accepted; the motion carried by unanimous voice vote - 4.
80-804 From Secretary of the Planning Board submitting the Negative Declaration
for the Proposed Sixth Year Housing and Community Development Application.
Councilman Diament made a motion, seconded by Councilman Tillman that the report
be accepted and the Negative Declaration approved as submitted; the motion carried
by unanimous voice vote - 4.
80-805 From Chairman of Golf Commission reaffirming position of the Commission
that a viable Par-3 Golf Course cannot be built on the proposed site if any portion
of the land is sold.
November 18, 1980
Councilman Tillman made a motion, seconded by Councilman Diament, that the report
be accepted; the motion carried by unanimous voice vote - 4.
The City Manager stated he was in the process of putting together a recommendation
for funding of the Par 3 Golf Course for Council consideration on December 2
or December 16.
80-806 From Assistant City Manager recommending that a CABLE TV Coordinating
Committee be established.
President Corica recommended that the Committee be expanded to include persons
from the public sector, the business associations, and Chamber of Commerce in
addition to the persons recommended in the report.
After Council discussion, Councilman Tillman made a motion, seconded by Councilman
Sherratt as follows: 1) That the report be accepted, the Assistant City Manager
designated as staff technical liaison person, and the following members appointed
to the CABLE TV Coordinating Committee: Mayor Corica, Councilman Sherratt, City
Manager, City Attorney, and President of the Public Utilities Board; and 2)
Directed the Committee to come back to Council with a report establishing guide-
lines, addressing how public input will be obtained, and possibility of appointing
persons from public sector to Committee; the motion carried by unanimous voice
vote - 4.
RESOLUTIONS
80-807 Resolution No. 9417 "Establishing rates and fees to be charged for play
on Alameda Municipal Golf Courses."
Harold Tebaidi, Member of the Golf Commission, summarized the proposed fee increases
and noted that Alameda residents 62 years of age, or older, could purchase a
monthly ticket for weekdays only for $25.00 per month.
Councilman Tillman made a motion, seconded by Councilman Sherratt, that the resolu-
tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent:
Councilman Stone - 1.
UNFINISHED BUSINESS
President Corica announced that items previously withdrawn from the Consent Calendar
would be considered at this time.
REPORTS AND RECOMMENDATIONS
80-808 From Burton Crowell submitting status report on the Patton Way Project.
Russell Sisung, 221 Santa Clara Avenue, expressed his objection to proceeding
with design of Patton Way without additional public input.
The City Engineer stated additional input regarding design could be heard when
the Draft EIR for Patton Way is considered.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the report
be accepted; the motion carried by unanimous voice vote - 4.
November 18, 1980
RESOLUTIONS
80-809 Resolution No. 9418 "Approving Final Map of subdivision known as Tract
4545 (Driftwood Terrace - east of Willow Street and north of Otis Drive)."
Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolu-
tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent:
Councilman Stone - 1.
80-810 Resolution No. 9419 "Authorizing execution of agreement for construction
and completion of improvements in connection with Subdivision Tract 4545 and
approving bonds as to sufficiency (a condominium conversion - Driftwood Terrace -
Ronald H. Cowan, Alan D. Mitchell and Melvin H. Schwartz, owners).
Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolu-
tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent:
Councilman Stone - 1.
UNFINISHED BUSINESS
80-811 President Corica reported on meetings to date with CALTRANS regarding
installation of a railing on the Bay Farm Island Bridge and stated CALTRANS had
a proposal and were going to take a look at the City Engineer's proposal. He
further stated that the City Engineer will meet with CALTRANS this Friday.
Councilman Tillman requested the Council be informed of the outcome of the meeting.
80-812 Councilman Tillman stated he had received several complaints regarding
dogs and that he wished to bring this to the City Manager's attention.
80-813 Councilman Tillman referred to a letter received about a year ago regarding
AC Transit furnishing bus service along Buena Vista Avenue and suggested this
be considered again.
ADJOURNMENT
80-814 Councilman Sherratt made a motion, seconded by Councilman Diament, that
the Council adjourn to an Executive Session for a discussion of litigation and
personnel matters.
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 11:30 p.m., to assemble in regular session Tuesday, December 2, 1980, at 7:30
o'clock p.m.
Respectfully submitted
DEEN SPEEGLE
City Clerk
November 18, 1980