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1979-09-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY SEPTEMBER 18, 1979 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Vice Mayor Stone; Invocation delivered by Councilman Tillman inasmuch as Rev. Al Price was unable to be present. ROLL CALL: Present: Councilmen Sherratt, Stone, Tillman, and President Corica 5. Absent: Councilman Diament - 1. CONSENT CALENDAR President Corica requested that the "Resolution appointing Commissioner of the Housing Authority of the City of Alameda (Theodore Craig III)" be withdrawn inasmuch as Mr. Craig is unable to serve on the Housing Authority. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the resolution appointing Theodore Craig III to the Housing Authority be withdrawn and the remaining items on the Consent Calendar be approved; the motion carried by unanimous voice vote - 4. Those items so enacted, adopted, or approved are indicated by an asterisk ( *). MINUTES The Minutes of the regular Council meeting of August 21, 1979, were approved as submitted. WRITTEN COMMUNICATIONS 79 -645 From the Alameda Licensed Child Care Association, 1430 St. Charles Street, requesting a change in City zoning ordinances regarding the requirement for a Use Permit to operate a Licensed Family Day Care Home. Lujuana Treadwell, attorney,stated that there were legal questions regarding permits for day care of up to 12 children and requested that if the current City ordinance is interpreted that a Use Permit is required that the City ordinance be modified to eliminate that requirement. Elizabeth Olney, 1430 St. Charles Street, spoke in support of Ms. Treadwell's request. President Corica stated that it might be a concern to neighbors if residences currently caring for six children were increased to 12. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that the communication be accepted and requested Ms. Treadwell and other interested parties to meet with the City Attorney to resolve issues; and that the City Attorney submit a legal opinion to the Council. The motion carried by unanimous voice vote - 4. Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolutions appointing Members to the Housing authority and the Design Review Board be taken out of order; the motion carried by unanimous voice vote - 4. RESOLUTIONS 79 -647 "Resolution No. 9153, Appointing Commissioner of the Housing Authority of the City of Alameda (Dorothy Jones). Councilman Sberratt made a motion, seconded by Councilman Stone, that the resolution be adopted; carried by the following roll call vote: Ayes: 4. Noes: None. Absent: 1. Sentemher 1R_ 1g7q Upon request, the Clerk administered the Oath of Office to Ms. Jones. 79 -648 "Resolution No. 1954, Appointing Member of the Design Review Board (Mary Ellen Hayenga)." Councilman Sherratt made a motion, seconded by Councilman Stone, the resolution be approved; the motion carried on the following roll call vote: Ayes: 4. Noes: None. Absent: 1. Upon request, the Clerk administered the Oath of Office to Ms. Hayenga. WRITTEN COMMUNICATIONS 79 -649 From Jane Steingenber, 3115 Santa Clara Avenue, requesting that the curfew law for minors be renewed. The City Manager stated that current State law does not permit arrests for curfew violations. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communica- tion be accepted and requested that the Police Department patrol, especially on weekends, to attempt to alleviate the problems; the motion carried on unanimous voice vote: 4. Councilman Stone expressed appreciation to Ms. Steingenber for writtina the letter inasmuch as curfew problems do exist in that area. 79 -650 From James M. Keane, 1109 Rosewood Way, regarding a temporary use permit for a sales office at the intersection of Larchmont Isle /Rosewood Way. President Corica stated that the issue had been resolved inasmuch as the Planning staff had determined that Ponderosa Homes was not in compliance with the provisions of the permit and the permit was revoked. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communica- tion be accepted; the motion carried by unanimous voice vote - 4. 79 -651 From Susan Macomber, 121 Corpus Christi Road, complaining about fees to obtain a dog license. The City Manager stated that procedures have been reinstated whereby notification is sent to dog owners prior to expiration of dog licenses. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Tillman, to accept the communication; the motion carried by unanimous voice vote - 4. 79 -652 From Casitas Alameda Homeowners' Association, 1101 Verdemar Drive, signed by David R. Friesz, requesting that the Council effect measures to cause the Alameda Disposal Company to adopt a rate schedule more equitable to the man hours spent in collecting refuse in townhouses and single family units. Councilman Tillman stated that the City's franchise with the Alameda Disposal Company does not expire until 1981 and any discussion of changes should be held just prior to the expiration of the franchise. Russ Suising, 221 Santa Clara Avenue,requested the Council to give consideration to tenants in apartment buildings where garbage is centrally located. After further Council discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that the communication be accepted and a copy forwarded to the Alameda Disposal Company for response; the motion carried by unanimous voice vote - 4. September 18, 1979 79 -653 From Michael S. Prado, D.P.M., 1137 Bay Street, protesting the recent trimming of trees on east side of Bay Street. Dr. Prado stated that residents of the area were displeased with the manner in which the trees had been trimmed. Councilman Tillman recommended that the City provide as much coordination and expertise to the Bureau of Electricity as possible. After Council discussion, Councilman Stone made a motion, seconded by Councilman Tillman, that the communication be referred to the Bureau of Electricity for response; the motion carried by unanimous voice vote - 4. 79 -654 From Daniel E. Cummins, 1134 Ballena Boulevard, representing Encinal Terminals, appealing the decision of the Environmental Assessment Committee. The City Attorney stated that in order for the Council to affirm the decision of the Environmental Assessment Committee that an Initial Study is required, the Council must find that discretionary approval is required, and the only discretionary approval involved might be a conditional use. He further stated that the matter might come before the Council again in the form of a map for approval. The following persons spoke in support of the decision of the Environmental Assessment Committee: Andre Reynier, 2251 Buena Vista Avenue; Bob Brewer, 2025 Buena Vista Avenue; Joseph Sullivan, 3221 Liberty Avenue. Peter Wang, President of Encinal Terminals, stated that the plan was to modernize the facilities and increase business. Daniel Cummins, attorney, spoke in support of the appeal. President Corica noted that permits would be required from Bay Conservation Development Commission (BCDC) and the Corps of Engineers and that the City would be involved. After further Council discussion, Councilman Stone made a motion, seconded by Councilman Tillman,to reverse the decision of the Environmental Assessment Committee; the motion carried on the following roll call vote: Ayes: 4. Noes: None. Absent: 1. HEARINGS 79 -655 Continued from September 4, 1979, in the Matter of Rezoning Petition R -79 -8 to re- classify from M -1 -PD, Intermediate Industrial (Manufacturing) District with Planned Develop- ment Overlay, to R -3 -PD, Restricted Apartment District with Planned Development Overlay, the property at 709, 711 Buena Vista Avenue and 708, 710, 713, 747 Eagle Avenue. President Corica stated that the Housing Authority had requested a continuance and ordered the hearing continued to October 2, 1979, and that the ordinance relative to the hearing also be held over. REPORTS AND RECOMMENDATIONS 79 -656 From Historical Advisory Commission regarding Certification of Alameda's Historical Monument Ordinance No. 1755 pursuant to the Tax Reform Act of 1976, to the Secretary of the Interior. Penny Brewer stated that the Secretary of the Interior had certified Ordinance No. 1755 pursuant to the Tax Reform Act of 1976 which would permit the creation of historical districts and that monies would be available to property owners for improvements. September 18, 1979 Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted; the motion carried on unanimous voice vote - 4. 79 -657 From the Historical Advisory Commission recommending that the Old Masonic Hall be designated as an Alameda Historical Monument. Penny Brewer stated that the Historical Advisory Commission had unanimously recommended that the Old Masonic Hall be designated as a historical monument. Councilman Sherratt made a motion, seconded by Councilman Stone, to accept the report and that the resolution be considered out of order; the motion passed on unanimous voice vote - 4. RESOLUTIONS 79 -658 "Resolution No. 9155, Designating the Old Masonic Hall, located at Park Street and Alameda Avenue, as an Alameda Historical Monument." Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be adopted; carried on the following roll call vote: Ayes: 4. Noes: None. Absent: 1. President Corica read a proclamation designating Old Masonic Hall as Alameda Historical Monument and presented the proclamation to John Lineweaver, 1600 San Antonio Avenue. Mr. Lineweaver accepted the proclamation and expressed his appreciation to the Council. REPORTS AND RECOMMENDATIONS 79 -659 From the Housing Element Advisory Committee reporting on progress to date. Councilman Sherratt made a motion, seconded by Councilman Stone, to accept the report and directed that the Housing Element Advisory Committee be informed that the Council would expect the report by the end of October; the motion carried on unanimous voice vote - 4. 79 -660 From the City Manager submitting Final Budget, 1979 -80. President Corica noted that the total amount of the Budget was $12,850,940 and had been substantially reduced due to the mandates of Proposition 13. The City Manager summarized budget modifications and stated that in anticipation of the probable passage of the Gann Initiative in November that all unappropriated funds were appropriated to the City's pension and insurance budgets. He further stated that the printed budget will contain a statement of revenues. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the Final Budget, 1979 -80, be approved and that the relevant reolution be considered out of order; the motion carried by unanimous voice vote - 4. RESOLUTIONS 79 -661 "Resolution No. 9156, Approving and adopting a Budget for the Fiscal Year 1979 -80; appropriating certain moneys for the expenditures provided in said Budget for said Fiscal Year and ratifying certain expenditures heretofore made," Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be adopted; carried on the following roll call vote: Ayes: 4. Noes: None. Absent: 1. September 18, 1979 REPORTS AND RECOMMENDATIONS *79 -662 From the City Manager regarding extension of water main on City Line Road. The Council approved a report from the City Manager regarding extension of water main on City Line Road. 79 -663 From the City Manager regarding dredging permits for Aeolian Yacht Club. Councilman Sherratt made a motion, seconded by Councilman Stone, that the application for a dredging permit for Aeolian Yacht Club be approved; the motion carried on unanimous voice vote - 4. 79 -664 From Mayor's Committee for the Handicapped regarding a change in meeting dates. Josephine Bixler, Chairman of the Mayor's Committee for the Handicapped, requested that the Council approve a change in meeting dates to the second and fourth Tuesday of each month to avoid conflicts with meetings of the Planning Board. Councilman Sherratt made a motion, seconded by Councilman Stone, that the request be approved if it is the wish of the entire Committee and subject to available space and dates; the motion carried on unanimous voice vote - 4. 79 -665 From Mayor's Committee for the Handicapped requesting permission to show film at October 2, 1979, Council meeting. Josephine Bixler requested that the Committee be allowed to present a film, "Different Approach," at the Council meeting of October 2, 1979. After Council discussion, President Corica obtained the consent of Council and directed that the Committee present the film prior to the Council meeting at 7:00 p.m., October 2, 1979, in the Council Chamber and that the event be publicized. COUNCIL REFERRALS 79 -666 Councilman Tillman stated he had received complaints regarding motorcycle activities on Golf Course property, Clark course point, and requested that the matter be referred to the City Manager. The City Manager stated he had instructed the Recreation Department to take steps to discourage cyclists using this area. 79 -667 Councilman Stone stated that the Council had previously directed that all Commission and Board meetings be held in the Council Chamber and requested the Clerk to notify the Housing Authority of that action inasmuch as they had scheduled a meeting on September 12, 1979, at another location. RESOLUTIONS *79 -668 "Resolution No. 9157, Appointing E. Deen Speegle City Clerk" Adopted. *79 -669 "Resolution No. 9158, Authorizing execution of agreement with East Bay Municipal Utility District for extension of District - installed water main and rescinding Resolution No. 9067 and Agreement No. 79 -43." Adopted. September 18, 1979 BILLS 79 -670 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $61,173.35. FILING 79 -671 Agreement with East Bay Municipal Utility District and Final Budget, 1979 -1980. ADJOURNMENT Councilman Sherratt made a motion, seconded by Councilman Tillman, that the Council adjourn to Executive Session for a discussion of litigation and personnel matters; the motion carried on unanimous voice vote - 4. At the conclusion of discussion, it was determined there would be no action taken at this time. There being no further business to come before the meeting, the Council adjourned at 10:45 p.m., to assemble in regular session on Tuesday, October 2, 1979, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGLE City Clerk September 18, 1979