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1979-10-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY OCTOBER 16, 1979 Convened at 7:30 o'clock p.m. with President Corica presiding, Pledge of Allegiance led by Councilman Diament. Invocation delivered by Rev. Wilfred Hodgkin, Christ Episcopal Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. CONSENT CALENDAR President Corica stated that the report from the City Manager regarding financing Perimeter Protection Device at City Disposal and the Resolution relating to that matter would be withdrawn from the agenda and matters on which persons had requested to speak would be considered in order listed. Councilman Sherratt made a motion, that Item Nos. 13, 14, 18, 28, and 32 be withdrawn from the Consent Calendar and the remaining items be approved, seconded by Councilman Stone; carried on unanimous voice vote - 5. Those items so enacted, adopted, or approved are indicated by an asterisk ( *). MINUTES Councilman Sherratt made a motion, seconded by Councilman Stone, that the Minutes of the regular Council meeting of September 4, 1979, and the Special Council Meeting of September 16, 1979, be approved; the motion carried by unanimous voice vote - 5. RESOLUTIONS 79 -700 "Resolution No. 9163, Appointing Member of the Golf Commission.1 (Anthony J. Bertero). Upon request, the City Clerk administered the oath of office to Mr. Bertero. 79 -701 "Resolution No. 9164, Appointing Member of the Recreation Commission." (Arthur A. Roke). President Corica noted that Mr. Roke was not present. WRITTEN COMMUNICATIONS 79 -702 From Safety Task Force Advisory Committee of the Alameda Unified School District, signed by Mrs. Christi Sherratt, requesting that the Council consider the following: 1) Installation of traffic signal at intersection of Island Drive and Mecartney; 2) Crossing guards during school hours at the intersections of Island Drive and Mecartney Road, Island Drive and Maitland Drive, and Bridgeway Road and Packet Landing Road. Mrs. Christi Sherratt, 306 Holly Oak Lane, stated that there are definite safety problems in the area and requested a traffic signal at intersection of Island Drive and Mecartney and crossing guards at Island Drive and Mecartney Road; Island-Drive and Maitland Drive, and Bridgeway Road and Packet Landing Road. October 16, 1979 Ms. Vicki Berger, 3015 Central Avenue, spoke in support of the requests and filed 76 letters which were prepared by students at Amelia Earhart School. Mr. Robert Decelle, 276 Beach Road, spoke in support of the requests. President Corica suggested that the City ask the School District to assume responsibility for the School Crossing Guard Program and possibly funds currently used to administer the School Crossing Guard Program could be used to fund the traffic signal at Island Road and Mecartney. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, to direct the City Manager to contact the Superintendent of Schools re- garding the School District assuming responsibility for the School Crossing Guard Program; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Stone, that the Traffic Advisory Committee recommendation that three School Crossing Guards be placed at the intersections of Island Drive and Mecartney and Island Drive and Maitland be approved and implemented as soon as possible; the motion carried on unanimous voice vote - 5. Councilman Diament requested that an evaluation be made of School Crossing Guards at all locations to determine where guards are now warranted. Mrs. Sherratt requested that if it is determined that School Crossing Guards are to be relocated, that'the first one be relocated to Bridgeway Road and Packet Landing' Road. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the City Manager be directed to correspond with Harbor Bay Isle Associates and request cooperation from their security forces regarding the safety of school children; the motion carried by unanimous voice vote - 5. Councilman Sherratt stated that traffic signals will be required at some of the intersections in the area soon and requested the City Engineer to prepare a report as to when traffic signals will be necessitated in the area, estimated costs, and possible funding sources. Councilman Tillman stated that the City should be looking to Harbor Bay Isle for assistance in funding traffic signals inasmuch as their development created the traffic. Councilman Stone requested the City Engineer to paint the crosswalks at Maitland and Island Drive as soon as possible. Councilman Sherratt stated that the Bay Farm Island Bridge crossing is hazardous and that Assemblyman Harris has been working to obtain funding for improvements. He recommended that Assemblyman Harris be contacted regarding the status. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, to direct Mayor Corica to contact Assemblyman Harris again and inquire as to the status of the Bay Farm Island Bridge Crossing Project and request continued assistance; the motion carried by unanimous voice vote - 5. October 16, 1979 79 -703 From Bay Farm Island Reclamation District No. 2105, signed by Bruce T. Mitchell,, requesting that the Council appoint Raymond P. Kranelly and Franz S. Collischoon as Trustees of District No. 2105 for terms of four years each, commencing November 6, 1979. Councilman Sherratt made a motion, seconded by Councilman Tillman, to accept the communi- cation and to consider the resolution out of order; the motion carried by unanimous voice vote - 5. RESOLUTIONS 79 -704 "Resolution No. 9165, Appointing the persons nominated as Trustees of the Bay Farm Island Reclamation District No. 2105. " (Raymond P. Kranelly and Franz S. Collischoon) Councilman Sherratt made a motion, seconded by Councilman Tillman, that the resolution be adopted; motion carried by the following roll call vote: Ayes: 5. Noes: None. Absent: None. WRITTEN COMMUNICATIONS 79 -705 From Rosalie B. McPherson, 1128 Marianas Lane, requesting to discuss the issue of the Harbor Bay Isle Club. Ms. McPherson stated that Tract 3773, Harbor Bay Isle Club, is currently before the Bay Conservation Development Commission (BCDC) and expressed her concern regarding the loss of public access to the shoreline inasmuch as the Final Map for Tract 3773 had allowed less access than the Tentative Map for Tract 3773. She further stated that the original Tentative Map for Tract 3773 had been lost. Li Volan spoke in favor of maintaining the shoreline for public use and read and filed a letter from the League of Women Voters in support. Joseph Sullivan spoke in support of public access to the shoreline. The City Engineer presented a map delineating the difference between the Tentative Map and the Final Map for Tract 3773 and stated he felt that a Planned Development amendment had been approved for the Final Map and the Tentative Map had not been changed to conform with the amendment. Councilman Sherratt made a motion to instruct the City Manager to send a letter to BCDC indicating that this matter was discussed at the meeting this evening and that the City Council restates its position as per the policy that was set for public access - -that being public access to the shoreline and adequate bike and walking paths; we still feel this is important. If BCDC finds in its deliberations that this may not meet with standards that are currently set, we would hope there would be some compensation as far as additional public access along the shoreline at that project. Councilman Diament seconded the motion and stated she felt perhaps the Council should discuss the alternatives presented by the developer with the developer before action is taken by BCDC. After further Council discussion, the motion passed by unanimous voice vote - 5. 79 -706 From D. 0. and M.M. Smith, Ralph D. Stormoen, and Albert Pena, 753, 755 Lincoln Avenue regarding dogs situated at 751 Lincoln Avenue. The following persons complained about the number of dogs, the dangers involved to the neighbors, and barking: October 16, 1979 Alfred Pena, 755 Lincoln Avenue Ralph Stormoen, 749 Lincoln Avenue Mrs, Joan 3torm0en, 749 Lincoln Avenue Ms. Laura Larsen, 753 Lincoln Avenue Mr. K. Lee, 749 Lincoln Avenue Councilman Sherratt recommended that the POundmdster be instructed to give special attention to that area and suggested that the people file an affidavit for legal action. President Corica obtained the consent of Council and so 0rdered, HEARINGS 79-707 Continued from October 2, 1979, in the Matter of a Review of the Record of an appeal by Hansen, Murakami, Eshima, from a decision of the Planning Board regarding the amendment to the Planned Development, PD 79-6, at Harbor Bay Landing Shopping Center (Mobil Oil Service Station). President Corica noted that the applicant had requested that the hearing be continued again and ordered the item removed from the Agenda. REPORTS AND RECOMMENDATIONS 79-708 From the Secretary of the Planning Board regarding Master Plan for Alameda Marina Village /Mp_79-1\, Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and set the date for hearing for Tuesday, November 6, 1979 - 7:30 p.m. 79-709 From Ad-Hoc Rent Evaluation Committee, signed by Gig Codiga, regarding presen- tation of the Committee's written recommendations. President Corica announced that the presentation of the Ad-Hoc Rent Evaluation Committee would be postponed until November 6, 1979, inasmuch as neither of the Co-Chairmen were able to be pr252nt. He stated that persons could speak on the matter this evening. There being no speakers, Councilman Sherratt made a motion, seconded by Councilman Diament, that the matter be placed on the Agenda of November 6, 1979; the motion carried by unanimous voice vote - 5` 79-710 From the Assistant to City Manager regarding reprogramming Housing COmmVOitv Development Act (HCDA) funds for planning and general project administration. ' Councilman Sherratt made a motion, seconded by C. Diament,that the report from the City Manager regarding Washington representation services be considered in conjunction with the report regarding reprogramming of HCDA funds inasmuch as it is proposed that the services be partially funded from HCDA funds; the motion carried by unanimous voice vote - 5. The City Manager stated that Floyd H. Hyde Associates, Inc., had been recommended by the City of San Leandro for Washington representation services and that some savings would be realized by both cities using the same consultant. The following persons spoke in opposition to the diversion of HCDA funds for Washington representation services: October 10. 1979 Larry Patton, 1020 San Antonio Avenue Russ Sisung, 221 Santa Clara Avenue Rosalie McPherson, 1128 Marianas Lane President Corica recommended that the Council consider additional consultants and have some discussion before making a final decision. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the report regarding Washington representation services and the resolu- tion authorizing execution of agreement with Floyd H. Hyde Associates, Inc., be held over for discussion at a future Council meeting; the motion carried by unanimous voice vote - 5. After further Council discussion, Councilman Diament made a motion, seconded by Councilman Sherratt, to accept the report and directed that the S8,000 recommended for Washington services representation be included in "Administrative Activities" for possible use for the Washington services representation at a later date; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the resolution be considered out of order; the motion carried by unanimous voice vote - 5. RESOLUTIONS 79 -711 "Resolution No. 9166, Authorizing City Manager to submit reprogramming amend- ments to the HCDA Application for Second and Third Year Funds." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried on the following roll call vote: Ayes - 5. Noes - None. Absent - None. REPORTS AND RECOMMENDATIONS 79 -712 From the City Manager recommending reorganization of the Fire Department. The City Manager stated that this recommendation had been made by the Ad -Hoc Efficiency Committee. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the report be approved and the resolution considered out of order; the motion carried by unanimous voice vote - 5. Councilman Tillman requested that the City Manager send a copy of the report to Jim Payton RESOLUTIONS 79 -713 "Resolution No. 9167, Amending Salary and Position Resolution No. 9162 by creating one (1) additional position of Fire Captain, deleting one (1) position of Assistant Fire Chief and establishing salary differentials for certain assignments." Councilman Tillman made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried on the following roll call vote: Ayes - 5. Noes - None. Absent - None. REPORTS AND RECOMMENDATIONS 79 -714 From Assistant to City Manager regarding submission of an application to Alameda County Department on Aging for monies to operate a Senior Center. October 167 1979 Jim Shelton, 223 Santa Clara Avenue inquired whether there was any intent to use the Veterans' Building for a Senior Center. The Assistant to City Manager stated that staff had been contacted by the Department on Aging to submit an application for Title III monies, and the funds would be for operation of a Senior Center, not for acquisition. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted and the resolution be considered out of order; the motion carried by unanimous voice vote - 5. RESOLUTIONS 79 -715 "Resolution No. 9168, Authorizing submittal of application for Project grant under Title III of the Older Americans' Act to the Alameda County Department on Aging. "Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried on the following roll call vote: Ayes - 5. Noes - None. Absent - None. REPORTS AND RECOMMENDATIONS *79 -716 From the City Manager recommending acceptance of improvements for Tract 3598, consisting of 15 dwelling units along with street improvements on Mecartney Road, and reduction of bond to $1,250. Approved. *79 -717 From the City Manager recommending approval of Parcel Map 2624, 310 - 312 Spruce Street and 311 Cypress Street, and a cash deposit in the amount of S400. Approved. 79 -718 From the City Manager recommending time extension for City Line Road. Ms; Rosalie McPherson requested information as to extra costs to the City due to the proposed extension. The City Engineer stated that this would be within the contract, and there would be no extra costs to the City due to the extension. Councilman Sherratt made a motion, seconded by Councilman Diament, that the extension be approved; the motion carried on unanimous voice vote - 5. 79 -719 From the City Manager regarding contract for processing Alameda Marina Village subdivisions. Ms_ Rosalie McPherson requested clarification of the contract. The City Manager stated that the contract would be executed with a Planner for the purpose of processing Alameda Marina Village subdivisions, and the cost for that Planner will be reimbursed by the developer. Councilman Sherratt made a motion, seconded by Councilman Diament that the report be approved; the motion carried by unanimous voice vote - 5. Mr. Joseph Sullivan, 3221 Liberty Avenue, spoke in support of citizens' speaking on matters on the Council Agenda. Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be considered out of order; the motion carried on unanimous voice vote - 5. October 16, 1979 RESOLUTIONS 79-720 "Resolution No. 9170, Authorizing the execution of agreement with Albert Horowitz for personal services (planning services relating to Alameda Marina Vill8ge\ x Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution adopted; the motion carried by the following roll call vote: Ayes 5. Noes - ~'' None. Absent - None. ` REPORTS AND RECOMMENDATIONS +79-721 From the City Manager recommending acceptance of improvements for development at 2203 and 2227 Mariner Square Loop and relinquishment of letter of credit. Approved. +79-722 From the City Manager recommending approval of plans and specifications and calling for bids for the Community Recreation Building and Branch Library in the Bay Farm Island Park. Approved. *79-723 From the City Manager recommending submission of Second Year Need Basis Grant under 58 174- (McKinley Park). 4npr0Ved, 79-724 From the City Attorney regarding condominium conversion fees. Councilman Stone stated there had been no input from Planning or Engineering Departments and that she would prefer to review the entire ordinance before making a decision. She also requested additional information on projects and amounts for fees and whether refunds would be given. President Corica obtained the consent of the Council and ordered the matter held over to November 20, 1079. 79-725 From City Attorney regarding Cooperation Agreement with Housing Authority Eagle Avenue Project. ~ Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and the City Attorney authorized to enter into the agreement; the motion carried by unanimous voice vote - 5. COUNCIL REFERRALS 79-726 Consideration of appointment to Recreation Commission. President Corica nominated Howard E. Brownson for reappointment to the Recreation Commission, seconded by Councilman Sherratt; nomination approved by unanimous voice vote - 5 The City Attorney was directed to prepare the implementing resolution for the November 6, 1979, Council meeting. COUNCIL COMMUNICATIONS 79-727 President Corica expressed his appreciation to the Social SerYices Human Relations Board for the Cultural Festival held last Saturday at the Veterans'‘ Building which was a tremendous success. 79-728 President Corica read a letter from Dr. Michael Prado regarding trimming of trees on Bay Street and stated that he would respond to Dr. Prado informing him that the City will provide supervision for trimming of the trees and that he would also inform the Public Utilities Board. 79 -729 Councilman Sherratt made a motion, seconded by Councilman Diament, that a resolution be prepared commending Wilver "Willie" Dornel Stargell for his outstanding performance with the Pittsburgh Pirates Baseball Team and also commending him for his contributions to the City of Alameda as well as other communities in the Bay Area; the motion carried by unanimous voice vote - 5. 79 -730 The City Attorney recommended that the City of Alameda settle the case with Reynolds vs. Harrison for S7,969.27 in view of the high costs of litigation and stated that amount is 75% of the City's lawsuit. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the City Attorney's recommendation be approved; the motion carried by unanimous voice vote - 5. 79 -731 The City Attorney recommended that the Council approve a request from Jerry D. Moore to present a late claim regarding false arrest inasmuch as the claim was previously returned because of a lack of postage. Councilman Sherratt made a motion, seconded by Councilman Diament,that the request to present a late claim be approved and the matter placed on the Council Agenda of November 6, 1979; the motion carried by unanimous voice vote - 5. 79 -732 The City Manager requested that Council discuss the Patton Avenue Project inasmuch as the Alameda County Audit Committee for FAU projects will review this project Wednesday, October 17, 1979, and it is understood that the Committee will recommend that funding be removed from that project. Burton N. Crowell, Civil Engineer, recommended that the Council request that the Patton Avenue Project be placed in a "reserve status" inasmuch as that project would probably be granted priority for FAU monies when funds are reallocated. He further stated that the City probably would not be able to meet the March, 1980, deadline for submission of new environmental documents. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, to direct the City Manager to request that the Alameda County Audit Committee place the Patton Avenue Project in a "reserve status" and guarantee that the project be granted priority for FAU monies when reallocated; the motion passed by unanimous voice vote - 5. 79 -733 Councilman Sherratt announced that the Beach Erosion Committee would hold a meeting at 4:00 p.m., Thursday, October, 25, 1979, regarding alternatives presented by the Corps of Engineers. 79 -734 Councilman Sherratt nominated Richard Diament to the Ad Hoc Efficiency Committee. 79 -735 Councilman Tillman nominated John Mitcheom to the Ad Hoc Efficiency Committee. 79 -736 Councilman Tillman complained that he had not received the "animal" report for August and September. 79 -737 Councilman Tillman complemented the City Manager on the finalized report for Fernside Extension and noted that the time frame had been changed, and it is now scheduled to begin June, 1980, rather than January, 1980. 79 -738 Councilman Stone stated that appraisals are now being done for right -of- way acquisition for Fernside extension and suggested that the City Engineer work informally with the property owner rather than wait until the entire appriasal is complete. October 16, 1979 23 23 RESOLUTIONS +79-739 "Resolution No. 9169, Approving Parcel Map 2624 for division of property at 311 Cypress Street and 310" 312 Spruce Street, permitting recording thereof, ppr0Ving case deposit as to sufficiency and finding such Parcel Map consistent with City's General Plan. (Subdivider, John Barni, Jr., Agent for Mrs. Matilda Ciarlo) �/ Adopted. +79-740 "Resolution No. 9171, Adopting Specifications and Plans for a Community Recreation Building and Branch Library at Bay Farm Island Park, calling for bids and directing City Clerk to advertise same. " Adopted. *79-741 "Resolution No. 9172, Approving the application for grant funds under the Roberti-Z'Berg Urban Open-Space and Recreation Program (Need Basis) -- (McKinley Park Program). "Adopted. *79-742 "Resolution No. 9173, Authorizing execution of agreement with Pacific Gas and Electrfc Company to perform certain work in connection with construction of City Line Road. Adopted. ORDINANCES FOR PASSAGE *78-743 "Ordinance No. 1987 New Series, Reclassifying and rezoning certain property within the City of Alameda by amending Zoning Ordinance No. 1277, New Series. (City of Alameda Planning Board, R-79-8\,'/ Adopted. *79-744 "Ordinance No. 1988 New Series, Amending the Alameda Municipal Code by adding Sections 1]-]380 through 11-1388 to Article 3 of Chapter 1, Title XI thereof relating to Mixed-Use Planned Development District Regulations. "Passed by the following vote: Ayes - 4 Noes - None. Abstaining - Councilman Sherratt - 1. BILLS 79-745 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $119,097,56, ORAL COMMUNICATIONS, GENERAL 79-746 Gerhard Degemann, Design Review Board, inquired as to the status of the proposed Sign Ordinance. The Planning Director stated that staff is in the process of completing reviews and will report back to the Sign Committee in about two weeks. FILING 79-747 Agreement with Albert Horowitz. Specifications and Plans for a Community Recreation Building and Branch Library at Bay Farm Island Park. Agreement with Pacific Gas and Electric Company, Bureau of Electricity - Financial and Operating Report, month ended July, 7979 ADJOURNMENT Councilman Tillman made a motion, seconded by Councilman Diament, that the Council adjourn to Executive Session for a discussion of litigation and personnel matters; the motion carried on unanimous voice vote - 5. At the conclusion of discussion, it was determined there would be no action taken at this time. October 16x 1979 24 There being no further business to come before the meeting, the Council adjourned at 11 :30 p,m., to assemble in regular session on Tuesday, November 6, 1979, at 7:30 o'clock p,m. Respectfully submitted, DEEN SPEEGLE City Clerk