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1984-09-04 Regular CC Minutes3 6 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY SEPTEMBER 4, 1984 The meeting convened at 8:05 p.m., at the conclusion of the Community Improvement Commission Meeting, with President Diament presiding. The Pledge of Allegiance was led by Councilmember Monsef. The Invocation was given by Reverend David Gattey, Northbrae Community Church, Berkeley. ROLL CALL Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. CONSENT CALENDAR President Diament announced that the report regarding Tract 3841 and the resolution regarding Tract 5222 would be withdrawn from the Consent Calendar for discussion later in the meeting. Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the following remaining items on the Consent Calendar be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *84-739 From Planning Director recommending a hearing date Of September 18, 1984, for Tentative Map 4276, Whalers Cove at the end of Tideway Drive, Ballena Bay. Approved. *84-740 From Planning Director recommending a hearing date of September 18, 1984" for Environmental Impact Supplement for and proposed Amendment to the Master Plan for Marina Village. Approved. *84-741 From Public Works Director recommending a time extension of two years, to February 6, 1986, to complete the improvements for Tract 3841 (Harbor Bay Isle, Sandpiper Cove). Approved. *84-742 From Public Works Director recommending acceptance of work by Uniacke Construction for the separation of storm and sanitary sewers on Lewelling Court and Doris Court, No. P.W. 4-84-9. Approved. *84-743 From Public Works Director recommending acceptance of work by Balanco Corporation for separation of catch basins on Clay Street east of Regent Street, No. P.W. 3-84-4. Approved. *84-744 From Public Works Director recommending acceptance of work by R.M.T. Landscape Contractors for construction of Assessment District 81-1, Harbor Bay Business Park Perimeter Landscape, No. P.W. 2-84-1. AnprOY8d, September 4, 1984 *84 -745 From Public Works Director recommending acceptance of work by Oliveira Fence, Inc. for Harbor Bay Business Park Fence Construction, Assessment Districts 81 -1 and 83 -1, No. P.W. 4 -84 -8. Approved. *84 -746 From Public Works Director recommending acceptance of work by Atlas Tree Service for pruning of City street trees in various locations in the City of Alameda, No. P.W. 5- 84 -11. Approved. RESOLUTIONS *84 -747 Resolution No. 10425 "A resolution authorizing execution of Program Supplement No. 7 to Local Agency for Federal funding to install automatic gates and lights on Marina Village Parkway at Southern Pacific Railroad crossing." Adopted. *84 -748 Resolution No. 10426 "A resolution authorizing execution of agreement with Southern Pacific Transportation Company for crossing protection at Marina Village Parkway." Adopted. *84 -749 Resolution No. 10427 "A resolution approving Final Map of subdivision known as Tract 5221 and accepting certain easements and rights of access (a residential subdivision project on Bay Farm Island at Brittany Landing, Ponderosa Homes, Subdivider)." Adopted. *84 -750 Resolution No. 10428 "A resolution approving Final Map of subdivision known as Tract 5223 and accepting certain easements and rights of access (a residential subdivision project on Bay Farm Island at Brittany Landing, Ponderosa Homes, Subdivider). Adopted. *84 -751 Resolution No. 10429 "A resolution authorizing execution of agreement for construction and completion of improvements in connection with subdivisions 5221, 5222 and 5223 and approving bonds as to sufficiency (Brittany Landing, Ponderosa Homes, Subdivider)." Adopted. *84 -752 Resolution No. 10430 "A resolution awarding contract to P & F Construction for repair of P.C.C. sidewalk, curb and driveway for fiscal year ending June 30, 1985." Adopted. FINAL PASSAGE OF ORDINANCES *84 -753 Ordinance No. 2210, New Series "An ordinance amending the Alameda Municipal Code by adding subsection (4) to Section 17 -344.1 thereof to establish a twenty -four minute parking zone in front of 2055 Santa Clara Avenue. Finally adopted. BILLS *84 -754 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of 52,862,416.39. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS *84 -755 From Sharon Lewis, Ian Keye, and Donna Dare, 1915 Schiller Street, requesting the emergency ordinance prohibiting and suspending issuance of Building Permits for construction on certain properties that are inconsistent with proposed zoning and the architectural plans for an office building at 1921 Schiller Street be agendized for the September 18, 1984, Council Meeting. September 4, 1984 The following persons spoke in support of the request: Steven McCarthy, Attorney Ian Keye, 1915 Schiller Street Sharon Lewis, 1915 Schiller Street Dona Dare, 1911 Schiller Street Vic Viviano, 1202 Lincoln Avenue, owner of the property at 1921 Schiller Street, spoke in opposition to the request. Councilmember Gorman made a motion, seconded by Councilmember Hanna, to accept the communication and refer to the Planning Board along with their concern regarding rezoning in the area; the motion carried by unanimous voice vote - 5. 84-756 From Terri Bertero, Casitas Alameda Homeowners' Association, Inc., desiring to address the Council on the proposed expansion of the Harbor Bay Business Park. The Planning Director noted that Harbor Bay Isle Associates has applied for a General Plan Amendment and rezoning and preparation of an Environmental Impact Report is underway at this time. Peg Roberts, 2120 La Campania, and Tom Inman, 2985 Via Bahia, expressed concern regarding traffic in the proposed project. Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the communication be accepted and referred to the Planning Board; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 84-757 From Public Works Director and Fire Chief submitting report and recommenda- tion on status of State Mandated Fire Safety and Exit Program, Title 24, Article 7, Of the California Administrative Code. Councilmember Hanna expressed concern that some property owners have not complied with the regulations and made a motion, seconded by Councilmember Monsef, that the City Attorney proceed as rapidly as possible to pursue the matter in Superior Court to achieve compliance; the motion carried by unanimous voice vote - 5. Councilmember Lucas suggested that the Municipal Court Judge be sent a letter requesting cooperation in achieving compliance at the Municipal Court level, and the Council agreed by consensus. Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the Municipal Court Judge also be sent a copy of the staff report; the motion carried by unanimous voice vote - 5. President Diament announced that the report withdrawn from the Consent Calendar would be considered at this time. 84-758 From Public Works Director recommending reduction of bond from 33,200,000 to $1,515°000 for subdivision improvements within Tract 3841 (Harbor Bay Isle, Sandpiper COY8\, September 4, 1984 In response to inquiry by Councilmember Hanna regarding sand that had been placed along bike paths for use by the developers, the Public Works Director stated that Ponderosa Homes had been requested to either remove the sand or provide an asphalt path by September 5 and staff would be checking to see that it had been done. Councilmember Hanna made a motion, seconded by Councilmember Gorman, to accept the report and approve the recommendation; the motion carried by unanimous voice vote - 5. RESOLUTIONS 84 -759 Resolution No. 10431 "A resolution appointing Lewis E. Hurwitz a member of the Social Service Human Relations Board." Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. The City Clerk administered the Oath of Office to Mr. Hurwitz. 84 -760 Resolution No. 10432 "A resolution authorizing execution of agreement with Automatic Data Processing, Inc., to provide data processing services for the City's Payroll System." Councilmember Monsef requested that in the future staff obtain four of five proposals for comparison. Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 84 -761 Resolution No. 10433 "A resolution establishing salary range for Program Specialist, Community Development Department." Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. 84 -762 Resolution No. 10434 "A resolution amending Grant Agreement with the Economic Development Corporation of Alameda." Councilmember Lucas made a motion, seconded by Councilmember Hanna, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 84 -763 Resolution No. 10435 "A resolution approving Parcel Map 4374 for division of property, permitting recording thereof, and finding said Parcel Map consistent with the City's General Plan (Ballena Bay Leased Lands)." Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. September 4, 1984 President Diament announced that the resolution which had been removed from the Consent Calendar would be considered at this time. 84 -764 Resolution No. 10436 "A resolution approving Final Map of subdivision known as Tract 5222 and accepting certain easements and rights of access (a residential subdivision project on Bay Farm Island at Brittany Landing, Ponderosa Homes, Sub- divider)." Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES 84 -765 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending Article 6, Chapter 1 of Title XI thereof relating to time periods and transferability of variances and use permits." President Diament noted that the ordinance would be withdrawn and agendized at a future meeting. 84 -766 Ordinance No. , New Series "Establishing regulations and procedures for the removal of overhead utility facilities and the installation of underground facilities by means of underground utility districts." Councilmember Lucas recommended that a time limit for use of overhead lines be established, and Council agreed by consensus to impose a time limit of 12 months. Councilmember Lucas made a motion, seconded by Councilmember Gorman, to introduce the ordinance with the above amendment; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. FINAL PASSAGE OF ORDINANCES 84 -767 Ordinance No. 2211, New Series "An ordinance approving the assignment and terms and conditions of that certain lease between Ballena Isle Marina and Ballena Bay Office Building No. 2 with contingency provision for City becoming lessor." Councilmembers Monsef and Lucas expressed objection to some provisions of the lease. After discussion, Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the ordinance be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None. UNFINISHED BUSINESS 84 -768 Councilmember Hanna inquired as to why construction at Washington Park was so slow and why bid contract had been awarded during summer months. September 4, 1984 3 t Councilmember Gorman expressed concern regarding the trees dying in the pots along the "Triangle." The City Manager stated staff would provide a report. 84 -769 Councilmember Lucas noted that Seven - Eleven is providing an identification program whereby children can come in and be fingerprinted in case they should be lost, and the Police Department had not been supportive of the program. The City Manager noted the schools had also participated in such a program. ORAL COMMUNICATIONS, GENERAL 84 -770 Fred Scullin, 1120 Chestnut Avenue, expressed concern regarding storage and moving of nuclear weapons at the Naval Air Station, and Mayor Diament stated she would write the Naval Air Station and request a response. 84 -771 John Barni, Sr., 1380 East Shore Drive, stated that the sale of City property at Willow and Otis had not received enough publicity. The Public Works Director stated that it had been advertised and sold. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:30 p.m. The next regularly scheduled meeting will be held Tuesday, September 18, 1984, at 7:30 p.m. Respectfully submitted, r-19 DEEN SPEEGLE City Clerk September 4, 1984