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1983-11-01 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 1, 1983 The meeting convened at 7:45 P.M. (at the conclusion of the Housing Authority Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. The Invocation was given by Rev. Evan Golden, First Congregational Church. ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Absent: None. MINUTES Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the Minutes of the Regular Council Meetings of September 20 and October 4, 1983, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR Councilmember Gorman made a motion, seconded by Councilmember Hanna, that all items listed 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 *83 -540 From Finance Director submitting Investment Portfolio as of September 30, 1983. Accepted. RESOLUTIONS *83 -541 Resolution No. 10189 "Naming City representatives authorized to acquire Federal Surplus Property from the California State Agency for Surplus Property." Adopted. *83 -542 Resolution No. 10190 "Authorizing execution of a personal services agreement with Mark Kaiser for a period of approximately eighteen months." Adopted. *83 -543 Resolution No. 10191 "Authorizing execution of agreement between City of Alameda and Sight and Insight, a nonprofit corporation, for sublease of a portion of Mastick Senior Center Complex." Adopted. BILLS *83 -543a An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S386,178.91. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 83 -544 From Bay Farm Island Reclamation District No. 2105, signed by Bruce T. Mitchell, Secretary, requesting appointment of Raymond P. Kranelly and Franz S. Collischonn as Trustees of District for terms of four years. November 1, 1983 John Barni, Jr., 875 Island Drive, stated that although the notice published for the election was legal, it was not adequate, and property owners were not aware of the election. He also stated that the two incumbents were the only ones to file nomina- tion papers and asked the Council to request the Reclamation District to re -open the nomination period and allow submittal of names of people who might want to run for office The following persons spoke in support of his request: Jonathan Bond, Baywood Village Homeowners' Association Jack Wong, Ponderosa Homes John 9arnard, Attorney for the Reclamation District, stated that the notice for no nating petitions had been published in accordance with the law and recommended the Council approve the appointments. After discussion, Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the Council appoint the two members as requested and consider the applicable re- solution at this time. Councilmember Lucas stated that although the Reclamation District was in compliance with legal requirements, she was concerned about the democratic process as a large number of homeowners were not aware they had the right to vote. The motion carried by the following votn: Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. RESOLUTIONS 83 -545 Resolution No. 10192 "Appointing the persons nominated as Trustees of Bay Farm Island Reclamation District No. 2105." (Raymond P. Kranelly and Franz S. Collis - chonn) Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the re- solution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None. President Diament announced that the resolutions appointing members to Boards and Commission would be considered at this time. 83 -546 Resolution No. 10193 "Appointing Paul H. Aragon as a Member of the Golf Commission." Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the re- solution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. The Clerk administered the Oath of Office to Mr. Aragon. 83 -547 Resolution No. 10194 "Reappointing Arthur A. Roke as a Member of the Recrea- tion Commission." Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the re- solution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. November 1, 1983 83 -547 Resolution No. 10195 "Appointing Donald R. Sherratt as a Member of the Recreation Commission." Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmember Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. The Clerk administered the Oath of Office to Mr. Sherratt. HEARINGS 83 -548 Hearing regarding rezoning from R -4 -G, Neighborhood Apartment Special Govern- ment Combining District, to C -1, Neighborhood Commercial Business District, a parcel at the southeast corner of Main and Atlantic. (Applicant, Italo Calpestri - Seven - Eleven Stores) The Planning Director stated that the Planning Board had considered the matter at several hearings, and a major concern had been to allow for eventual consideration of a bike path along the south side of Atlantic Avenue. President Diament explained the procedures to be used in the hearing, and on the call for proponents, Italo Calpestri spoke in support of the rezoning and answered questions. Pauline Hecker, representing Seven - Eleven Stores, addressed security problems relative to loitering near Seven - Eleven Stores. On the call for opponents, the following persons spoke: Dixie Hunt, 105 Cypress Street, and presented a petition. William Hillery, 660 Westline Drive Walter Light, 1031 Rosewood Way Edwin Finnell, 108 Pacific Avenue After discussion, Councilmember Gorman stated that rezoning in the area should be con- sistent, and the Use Permit procedure would be appropriate to determine whether a Seven - Eleven Store could be located on that property and what restrictions should be imposed. Councilmember Gorman made a motion that the rezoning be approved as recommended by the Planning Board; the motion FAILED for lack of a second. 83 -549 Hearing to consider Tentative Map for Tract 4591, Brittany Landing. The Planning Director stated that the Project had been redesigned, and the total number of residential units is 224 which is approximately 20 more than the original plan. President Diament explained the procedures to be used in the hearing, and on the call for proponents, Jack Wong, Ponderosa Homes, spoke in favor of the plan. On the call for opponents, the following persons spoke: Sam Pichey, 933 Shoreline Drive #103 Josephine Bixler, 814 Haight Avenue November 1, 1983 Councilmember Gorman made a motion, seconded by Councilmember Monsef, to close the public portion of the hearing; the motion carried by unanimous voice vote - 5. Councilmembers Gorman and Monsef expressed concern regarding the increase in the density of homes. Councilmember Lucas made a motion, seconded by Councilmember Hanna, that the Tentative Map be adopted and the applicable resolution considered at this time; the motion car- ried by the following vote: Councilmembers Hanna, Lucas, and President Diament - 3. Noes: Councilmembers Gorman and Monsef - 2. Absent: None. RESOLUTIONS 83 -550 Resolution No. 10196 "Approving Tentative Map for Tract 4591, a residential subdivision project on Bay Farm Island at Brittany Landing (Ponderosa Homes, Sub- divider)." Councilmember Lucas made a motion, seconded by Councilmember Hanna, that the resolu- tion be adopted; the motion carried by the following vote: Councilmembers Hanna, Lucas, and President Diament - 3. Noes: Councilmembers Gorman and Monsef - 2. Absent: None. REPORTS AND RECOMMENDATIONS 83 -551 From Public Works Director regarding status of proposed changes to the City's Telephone System. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the report be accepted and the recommendation that the City pursue Direct - Inward- Dialing (D.I.D.) and notify the Council if substantial costs may be required prior to proceeding with the change approved; the motion carried by unanimous voice vote - 5. RESOLUTIONS 83 -552 Resolution No. 10197 "Endorsing the concept of a local memorial and support programs for annual recognition of the Vietnam -era Veterans." Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the resolu- tion be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -553 Resolution No. 10198 "Approving Parcel Map No. 3598 for the condominium sub- division of property at 1617 Sixth Street, permitting recording thereof and finding said Parcel Map consistent with City's General Plan (Toshio Mitsuda and Hatsuko Mitsuda, Subdividers)." Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -554 Resolution No. 10199 "Authorizing execution of agreement for construction and completion of improvements in connection with Parcel Map No. 3598 and approving Faith- ful Performance Bond as to sufficiency (A condominium subdivision of property at 1617 Sixth Street by Toshio and Hatsuko Mitsuda)." November 1, 1983 Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -555 Resolution No. 10200 "A resolution of the City of Alameda initiating pro- ceedings for the formation of a Landscape Maintenance Assessment District for selec- ted areas of the City. Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -556 Resolution No. 10201 "Authorizing execution of an agreement for services by John Heindel, Consulting Engineer, for formation of a Landscape Maintenance District." Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the resolu- tion be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -557 Resolution No. 10202 "Authorizing execution of an agreement for legal ser- vices by the firm of Wilson, Morton, Assaf & McElligott for formation of a Landscape Maintenance District." Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -558 Resolution No. 10203 "Authorizing the submission of documentation to the U.S. Department of Housing and Urban Development for UDAG eligibility recertifica- tion." Councilmember Gorman made a motion, seconded by Councilmember. Hanna, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -559 Resolution No. 10204 "Continuing a Home Finance Program in Alameda and authorizing staff to apply for an allocation of Tax - Exempt Mortgage Revenue Bonds from the State of California." The City Manager stated that Ponderosa Homes had requested an allocation which brings the total to S25,200,000. Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the reso- lution be amended to read that an allocation of S25,200,000 in revenue bonds be is- sued by the City of Alameda and the resolution adopted as amended; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. November 1, 1983 INTRODUCTION OF ORDINANCES 83 -560 Ordinance No. , New Series "An ordinance reclassifying and rezoning certain property within the City of Alameda Zoning Ordinance No. 1277, New Series." (Applicant, Italo Calpestri - Seven - Eleven Stores) The rezoning was not approved during the hearing; therefore, this ordinance was not voted upon. 83 -561 Ordinance No. , New Series "Amending the Alameda Municipal Code by ad- ding Article 2 to Chapter 4, Title II, thereof, providing for organization of the City's various departments." Fred Scullin, 1120 Chestnut Street, suggested amendments to the ordinance. Councilmember Lucas suggested that Section 2 -429 be changed to provide that "The Council may establish a Community Development Department" and that "The Department be financed by the grant -in -aid programs it administers." After further discussion, Councilmember Gorman made a motion, seconded by Council- member Lucas, that the ordinance be introduced and amended to delete Sec. 2 -4210 and staff directed to reevaluate Sec. 2 -429 and add language to incorporate the sugges- tions that: 1) The City Council may establish a Community Development Department; and 2) That the department be funded with grant -in -aid programs it administers; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 83 -562 Ordinance No. , New Series "Amending Title XUII of the Alameda Municipal Code to establish a stop intersection on Stanford Street at Eagle Avenue and to es- tablish a 24- minute parking limit at 2707 Encinal Avenue. Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the ordinance be introduced; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 83 -563 From William Gissler, Mayor of the City of Santa Clara, concerning Federal Energy Regulatory Commission support of municipality applications for hydro projects. Donald Dowdell and Gail Greeley, representing Pacific Gas and Electric Company, spoke in opposition to municipality applications for hydroelectric projects. Fred Scullin, 1120 Chestnut Street, stated that he opposed Pacific Gas and Electric Company assuming the license should still be theirs. After further discussion, Councilmember Monsef made a motion, seconded by Council- member Lucas, that the Council extend support for preferential treatment for muni- cipalities under the Federal Power Act and to support the City of Santa Clara appli- cation as requested; the motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef, and President Diament - 4. Noes: None. Abstaining: Council- member Gorman - 1. Absent: None. President Diament stated that the Pension Board would be requesting an amendment to the Pension Board Ordinance to change the meeting date to Monday inasmuch as she had a conflict with a meeting in Hayward. November 1, 1983 83 -564 Councilmember Gorman requested a resolution be placed on the next agenda granting City Manager, City Attorney, and City Clerk a 7% salary increase. 83 -565 Councilmember Lucas inquired regarding the contractor's responsibility for scarification work done on Santa Clara Avenue, and the City Manager stated they are having discussions with the contractor. FILING 83 -566 Agreement in connection with Parcel Map No. 3598. Agreement for services by John Heindel, Consulting Engineer, for formation of a Landscape Maintenance District. Agreement for legal services by Wilson, Morton, Assaf & McElligott for formation of a Landscape Maintenence District. Agreement with Sight and Insight for sublease of a portion of Mastick Senior Center Complex. Personal Services Agreement with Mark Kaiser. ADJOURNMENT 83 -567 Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the Council adjourn to an Executive Session for discussion of personnel and litiga- tion matters; the motion carried by unanimous voice vote - 5. The Council, staff, and members of the community stood in a moment of silent tribute to the Marines killed in the recent bombing incident in Lebanon. At the conclusion of discussion in Executive 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 11:55 P.M. to meet in regular session Tuesday, November 15, 1983, at 7:30 P.M. Respectfully submitted, DEEN SPEEGLE City Clerk November 1, 1983