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1980-12-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY DECEMBER 2, 1980 The meeting convened at 7:30 p.m., with President Corica presiding. The Pledge of Allegiance was led by Councilman Tillman. The Invocation was given by Rev. Roger Bauer, Immanuel Lutheran Church. ROLL CALL Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES Councilman Stone made a motion, seconded by Councilman Sherratt, that the Minutes of the regular Council meeting of November 4, 1980, be approved as submitted. CONSENT CALENDAR President Corica noted that a request had been received to remove the resolution regarding contract for construction of Alameda Shoreline Park which would be discussed 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 follow- ing roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. Items so enacted, approved, or adopted, will be indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *80 -815 From City Engineer recommending acceptance of landscaping improvements in the median of Mecartney Road between County Road and Tahiti Lane. Approved. RESOLUTIONS *80 -816 Resolution No. 9420 "Appointing Mark Hanna as a Trustee to the Alameda County Mosquito Abatement District." Adopted. *80 -817 Resolution No. 9421 "Authorizing application for grant funds to control litter under the Solid Waste Management Act of 1980." Adopted. *80 -818 Resolution No. 9422 "Discontinuing appointment of Eleanor Wallace as Actinn Auditor- Assessor, effective November 30, 1980." Adopted. *80 -819 Resolution No. 9423 "Authorizing renewal of Liability Administration agreement with R. L. Kautz & Company." Adopted. *80 -820 Resolution No. 9424 "Awarding contract to Cake -Davis Company for furnish- ing approximately 142 revolvers to be used for law enforcement. (Specifications MSP 11 -80 -1) Adopted. BILLS *80 -821 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $191,418.16. December 2, 1980 RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 80 -822 From Marie's Marketers, signed by Emile Pangilinan, requesting a reduction of the fee for a Use Permit to display merchandise in the parking lot at the corner of Park Street and San Jose Avenue. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communi- cation be referred to staff for a report for the agenda of December 16, 1980; the motion carried by unanimous voice vote - 5. Mr. Pangilinan stated it was agreeable to address the matter at the December 16 meeting. 80 -823 From Gail E. Van Amburg. Amma M. Brown, and Ina M. Ratto conveying objections to the current recommendation regarding the park site at Holly and Oleander Streets. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communi- cation be accepted and the resolution regarding landscape services agreement for development of a design concept for the Holly and Oleander Park Site be considered out of sequence on the agenda; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80 -824 Resolution No. 9425 "Authorizing execution of landscape architectural services agreement with Theodore Osmundson & Associates for development of a design concept for the Holly and Oleander Park site." Joseph Sullivan, 3221 Liberty Avenue, spoke in opposition to the resolution. President Corica noted that a letter had been received from the Garden Isle Homeowners' Association stating they would consider upkeep and maintenance of the park property for an initial period of five years with the understanding an extension of maintenance could be renegotiated at the end of the first five years. Fred Scullin, 1120 Chestnut, spoke regarding the park and stated he was neither opposed norin favor and referred to letter from the Homeowners Association stating he felt it had not been clarified. Councilman Diament stated an attempt should be made to keep open space and she would oppose development. 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 Sherratt, Stone, Tillman, and President Corica - 4. Noes: Councilman Diament - 1. Absent: None. HEARINGS 80 -825 Hearing regarding proposed amendment to the Alameda Municipal Code relating to taxicab permits. The Assistant City Manager stated that the Municipal Code currently requires an applicant cab company to show public convenience and nexessity exist before a permit can be granted and that inasmuch as concern had been expressed that the code was overly restrictive, an amendment had been prepared which would eliminate that require- ment. December 2, 1980 President Corica explained the procedures to be used in the hearing and called for propenents in favor of the proposed amendment. On the call for proponents, the following persons spoke: Lawrence Kimmey, Bay Area Cab Company Laura McKinney, 1311 Central Avenue On the call for opponents, John Barnard, representing Alameda Cab Company, spoke. Leslie Craig, 1822 Union Street, also spoke against the proposed amendment. Councilman Tillman stated he felt the Council had taken a position when the St. Francis Taxicab appeal was before the Council and he saw no reason to make a change. After further Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance be considered our of sequence on the agenda and staff directed to require under the conditions of the permits that response time be 30 minutes and provision imposed that a cab company cannot fail to provide service for ten consecutive days; and that those conditions be monitored by staff; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and President Corica - 4. Noes: Councilman Tillman - 1. Absent: None. INTRODUCTION OF ORDINANCES 80 -826 Ordinance No. , New Series, "Amending the Alameda Municipal Code by amending Section 7 -114 thereof relating to application for Owner's Permit to Operate Public Motor Vehicle." Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance be introduced and passed to print; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and President Corica - 4. Noes: Councilman Tillman - 1. Absent: None. HEARINGS 80 -82.7 Hearing regarding Parcel Map for Tract 3302, two condominium units at Santa Clara Avenue and Eighth Street. President Corica noted that the hearing and related resolution would be withdrawn from the agenda and continued until the developer has complied with the conditions. 80 -828 Hearing for consideration of rezoning in Tract 4500 as follows: 17.7+ acres at the western tip of Bay Farm Island Penisula from C -2 -PD to R -1 -PD; 10.3+ acres along the Bay edge southwest of the cove and south of the Wyle "Case C" 70db CNEL contour line from R -1 -PD to C -M -PD; 24.7+ acres along Catalina Avenue near its current westerly terminus and the Ratto farm and north of the Wyle "Case C" 70 db CNEL contour line from C -M -PD to R -1 -PD; 5.8+ acres near the northeasterly corner of Tract 4500 from R- •1- •A -H -20 to C -M -PD, and an adjoining area of 6.5+ acreas from R- 1- A -H -20 to C -M -PD. (R -80 -2) (Applicant: Harbor Bay Isle Associates) The Acting Planning Director stated that the Planning Board approved the reclassifi- cation and zoning as outlined in Planning Board Resolution No. 1105. President Corica expressed concern regarding maintenance of the shoreline in Tract 4500. December 2, 1980 President Corica explained the procedures to be used in the hearing and called for proponents in support of the Planning Board recommendation. Dan Riedy, consultant for Harbor Bay Isle Associates, spoke in support of the Planning Board recommendation. 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 Stone, that the zoning be approved and the ordinance 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. INTRODUCTION OF ORDINANCES 80 -829 Ordinance No. , New Series, " Reclassifying and rezoning certain property within the City of Alameda by amending Zoning Ordinance No. 1277, New Series, (Tract 4500, Applicant: Harbor Bay Isle Associates, R- 80 -2). 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: Councilman Diament, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None. REPORTS AND RECOMMENDATIONS 80 -830 From City Manager regarding financing for the Mif Albright Par -3 Golf Course. Councilman Sherratt made a motion, seconded by Councilman Diament, that the City Manager's recommendations to authorize the use of S100,000 from the Dwelling Unit Tax Fund for the Mif Albright Par -3 Golf Course and that staff be directed to develop an inter -fund repayment schedule on a reasonable return investment be appoved; the motion carried by unanimous voice vote - 5. Councilman Tillman noted the Golf Course has shown a profit the last two years of approximately $100,000 and recommended this be given consideration in terms of the proposed repayment schedule. 80 -831 From City Manager concerning the closure of the solid waste disposal site. The City Manager noted the report was informational and additional information would be forthcoming. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted; the motion carried by unanimous voice vote - 5. 80 -832 From City Engineer submitting recommendations relating to truck routes on Buena Vista and Clement Avenues east of Grand Street. Bob Brewer, 2045 Buena Vista Avenue, spoke in support of the City Engineer's recommendations. The City Manager recommended futher study of the matter before the Council takes final action. December 2, 1980 Councilman Stone recommended that the firm that has contract to obtain grants be requested to attempt to obtain funds for a comprehensive study of traffic through- out the entire City. After considerable Council discussion, Councilman Tillman made a motion, seconded by Councilman Sherratt that a comprehensive report on truck routes be submitted to the Council within 60 days;fthe motion carried by unanimous voice vote - 5. RESOLUTIONS 80 -833 Resolution No. 9426 "Authorizing execution of agreement with Ralph Anderson and Associates for consultant services relating to recruitment for a Director of Public Works." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted. Councilman Stone recommended staff recruit for a City Engineer for thirty days to see what response they get. Upon call of the roll, the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: Councilman Stone - 1. Absent: None. INTRODUCTION OF ORDINANCES 80 -834 Ordinance No. , New Series, "Amending the Alameda Municipal Code by adding Subsection (2) to Section 17 -344.3 thereof relating to twenty -four minute parking limit (Grand Street south of Clement Avenue). Councilman Sherratt made a motion, seconded by Councilman Diament, 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. FINAL PASSAGE OF ORDINANCES 80 -835 Ordinance No. 2028, New Series, "Amending the Alameda Municipal Code by adding to and amending certain sections of Article 4B, Chapter 1 of Title XI thereof relating to regulation of outdoor advertising display sins." President Corica noted that final passage of the ordinance had been postponed from November 4, 1980, to give the public an opportunity for additional input. The City Attorney stated that the Sign Ordinance Committee and merchants had held a meeting and some minor technical amendments had been made to the ordinance at that meeting. Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance be finally adopted as amended; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 80 -836 Councilman Diament inquired as to the legalities of a person from the Mayor's Committee for the Handicapped serving on the Board of Appeals. December 2, 1980 The City Attorney stated he would investigate and submit a report to the Council. 80 -837 Councilman Sherratt inquired whether the Council would be furnishing priorities to the firm that would be working to obtain grants. The City Manager stated a representative of the firm would be here December 16, and the process is underway. 80 -838 Councilman Diament inquired when a meeting of the Disaster Council would be held. The City Manager stated he would schedule a meeting in December. 80 -839 President Corica stated the CABLE TV Committee had held their first meeting and discussed the possibility of adding additional members to the Committee and as the Committee had not been in agreement,he requested the Council to decide. He further stated he would support having representatives of the business associations, Chamber of Commerce, or other members of the public sector. Councilman Diament spoke in support of having members from the public sector on the Committee. Councilman Sherratt noted that the Committee meetings are open to the public and is advisory to the Council and recommendedthe Committee structure remain as is for the present. After further Council discussion, Councilman Tillman made a motion, seconded by Councilman Sherratt, that the Council reaffirm the position taken at the last Council meeting and members of the Committee remain as is for the present. Joseph Sullivan, 3221 Liberty Avenue, spoke in support of members of the public sector being appointed to the Committee. Upon call of the roll, 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. President Corica stated that the resolution which had been withdrawn from the Consent Calendar would be discussed at this time. RESOLUTIONS 80 -840 Resolution No. , "Awarding contract for construction of Alameda Shore- line Park (P.W. 5 -80 -4) to Collishaw Corporation in the amount of $554,260.00." Councilman Tillman stated three fishing piers had been deleted from the original map and requested additional information. With consent of Council, President Corica directed the resolution be held over to the next meeting for a detailed report. UNFINISHED BUSINESS 80 -841 Councilman Tillman requested staff to attempt to negotiate the lease Island City Gun Club in order to realize more revenue as they currently pay per year. December 2, 1980 th 00 The City Manager stated that the Island City Gun Club exercised its 20 -year option on the lease, and staff has been looking for an equitable solution but so far has not found one. 80 -842 Councilman Tillman inquired as to the status of property at 1317 Pacific and whether it would be placed on the market for sale. The City Manager stated it probably would be placed on the market or worked into this year's HCDA Program and noted staff is looking at alternatives. 80 -843 Councilman Tillman noted that the bond covering the shoreline perimeter on Harbor Bay Isle, Reclamation District 2105, expires December 6, 1980, and expressed concern regarding future maintenance. Lee Eichelberger, Jim Davis, and Oscar Barry, representatives of Harbor Bay Isle Associates, explained how the current maintenance program is set up and noted the cost for maintenance is part of a basic assessment of monthly dues on each acre and future maintenance would ultimately be paid for by the homeowners. ORAL COMMUNICATIONS, GENERAL 80 -844 Linda Pritchard, 3263 San Jose Avenue, expressed objections to the use of speaker's information cards. 80 -845 Linda Pritchard, 3263 San Jose Avenue, inquired as to the status of the real estate signs to market property on Bay Farm Island which had been referred to staff at the last meeting. The City Manager stated a report would be prepared for the agenda of December 16, 1980. 80 -846 Linda Pritchard, 3263 San Jose Avenue, inquired as to the status of the appeal regarding location of a temporary trailer fora real estate office at 801 Island Drive. Councilman Sherratt stated that Mr. Barni had withdrawn his appeal,and he had requested it be held to solicit comments and had made some phone calls and no objections had been made. 80 -847 Maria Zornes, 1027 Kingston Lane, stated that Harbor Bay Isle Associates advertise the Municipal Golf Course to help sell their houses and suggested they be assessed S500 for each house sold to go into the Golf Course Fund. ADJOURNMENT 80 -848 The Council, staff, and members of the community stood in silent tribute to the memory of Jay Groom and Robert Olson. There being no further business to come before the meeting, the Council adjourned at 10:50 p.m., to assemble in a regular meeting Tuesday, December 16, 1980, at 7:30 o'clock p.m. Respectf»lly submitted, DEEN SPEEGLE City Clerk December 2, 1980