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1979-12-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY DECEMBER 18, 1979 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Councilman Sherratt. Invocation delivered by Rev. Russell Palmer, First Christian Church. ROLL CALL: Present: Councilman Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. CONSENT CALENDAR Councilman Diament made a motion, seconded by Councilman Sherratt, that Item Nos. 8, 16, and 19 be withdrawn from the Consent Calendar for discussion later in the meeting and that the remaining items on the Consent Calendar be approved; the motion passed by unanimous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 Diament, that the minutes of the regular Council meeting of November 20, and December 4, 1979, be approved as submitted; the motion passed by unanimous voice vote - 5. WRITTEN COMMUNICATIONS 79 -847 From Sofian Qutob, 901 Santa Clara Avenue, requesting to continue to use the existing free standing pole sign at the corner of 9th Street and Santa Clara Avenue. President Corica recommended that the matter be referred to staff for review . and recommendation back to council. Councilman Sherratt made a motion, seconded by Councilman Diament, to approve President Corica's recommendation; the motion carried by unanimous voice vote - 5. 79 -848 From Northside Association, signed by William H. Hildebrand, President, regarding the status of a proposed fence around residences at Buena Vista Park. The Acting City Manager recommended that the matter be referred to staff to determine funds available for funding and to work with Northside Association to determine configuration of the fence relative to height and other aesthetic aspects of the project. Councilman Sherratt made a motion, seconded by Councilman Stone, to approve the Acting City Manager's recommendation and directed that the matter be placed on an agenda in January; the motion carried by unanimous voice vote 5, 79 -849 From Safety Task Force Advisory Committee of the Alameda Unified School District, signed by Mrs. Christi Sherratt, regarding status of safety measures approved by Council at the October 16, 1979 meeting relative to Amelia Earhart School. Alice White, 1528 Pacific Avenue, stated that she felt the City should retain the Crossing Guard program. December 18, 1979 Councilman Sherratt requested the Acting City Manager to forward a communication to the Safety Task Force Committee and inform them as to progress made to date regarding safety measures at Amelia Earhart School. President Corica requested the Acting City Manager to set up a meeting between the Council and the School District in January. The Acting City Manager stated that he would coordinate the date for the meeting and inform the Council. 79 -850 From United States Coast Guard, signed by Captain M. W. Hallock, proposing to replace and expand the existing floating recreational docks at United States Coast Guard Training Center, Government Island, Alameda. President Corica stated that the proposal has received approval from the City Engineer and Bay Conservation Development Commission (BCDC) and that the Environmental Impact Report (EIR) has been approved. After Council discussion, Councilman Stone made a motion, seconded by Councilman Sherratt, that the communication be accepted and referred to the Acting City Manager and City Attorney for legal description and preparation of a lease, and directed that the matter be placed on the Council Agenda of January 2, 1979; the motion carried by unanimous voice vote - 5. 79 -851 From Members of the Congregation, First Christian Church, petitioning for improved protection for citizens in the Jackson Park area. Rev. Russell Palmer, 404 Whitehall Road, stated that there had been ongoing problems at Jackson Park and various acts of vandalism had occurred. He further stated that he had recently been attacked in the Park area and proposed the following: 1. That Jackson Park be closed to use of persons between the ages of 14 and 30 2. That parking be restricted on the side of the street next to the park. The following persons spoke in support of Rev. Palmer's proposals: Wiletta O'Dell, 2001 Shoreline Dr. Jack Smith, 2311 San Antonio Avenue George Butler, President of American Association of Retired Persons Mr. Bob Brewer stated that he was concerned that if Jackson Park were closed, activities would be transfered to other parks in the City. Cecil McKinstry 1232 Park Avenue, stated that he felt the police department had done a good job in enforcing the law in the area. The Police Chief stated that a suspect had been arrested for the alleged attack on Rev. Palmer. He further stated that officers do cover the area on a regular basis and that the cost to assign an officer to the area eight hours per day, five days per week would cost approximately S2,500 for one month. Councilman Tillman requested that the Police Chief furnish the Council information about the suspect that was arrested. December 18, 1979 0 3 President Corica recommended that officers enforce violations such as littering and illegal parking in the area. Councilman Sherratt suggested that attempts be made to improve public relations between users of Jackson Park. and the Police Department, After further Council discussion, Councilman Stone made a motion, seconded by Councilman Sherratt, that the City Engineer and Planning Director be directed to conduct a survey of residents in the Jackson Park area regarding elimination of parking along Park Avenue and submit the information to Council; the motion carried by unanimous voice vote - 5. HEARINGS 79-852 In the matter of the Draft Energy Element and Environmental Impact Report the Assistant Planning ,Director summarized the Draft Energy Element and Environmental Impact Report and stated that the element had been prepared by the Draft Energy Element and Environmental impact Advisory Committee after extensive meetings and evaluations by that committee, She further stated that the Energy Element is not mandated by the State at this time. President Corica expressed appreciation to the Committee and explained procedures to be used in the hearing. Upon the call for proponents, the following persons spoke in favor of the Energy Element; Mae Rose Evans-, Chairperson of the Advisory Committee Maryetta Falk, 3247 Fernside Blvd, John S. Erving, Alameda Marina Village Associates Solano Fairhopper, League of Women Voters Bill Kirkland, Member of Advisory Committee Richard Persoff, member of the Ad-Hoc Efficiency Committee, invited the Advisory Committee to let the Ad-Hoc Efficiency Committee know- if they could be of assistance. On the call for opponents: There were no speakers. President Corica declared the public portion of the hearing closed, The City Attorney stated if Council adopts the Energy goals and conservation program contained in the Draft Energy Element, specifics would be dealt with by adoption of ordinances. Councilman Diament made a motion, seconded by Councilman Tillman, that the Draft Energy Element and Environmental Impact Report be approved and the resolution considered out of order; the motion passed by unanimous voice vote - 5. RESOLUTIONS 79-353 Resolution No, 9195, Amending the Comprehensive General Plan of the City of Alameda by adopting the Energy Element thereof and certifying the Environmental Impact Report for said element. Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote; Ayes: 5, Noes: None, Absent: None. December 18, 1979 REPORTS AND RECOMMENDATIONS 79 -854 From President of City Planning Board requesting that the public hearing of December 18, 1979, relative to use permits for docks be reopened. The Planning Director stated that the Planning Board is recommending that use permits be required for construction and additions to new docks and the ordinance under consideration does not require use permits. He further stated that if use permits are not required and there is a neighborhood conflict, it would not be resolved at the local level. Councilman Stone stated that she had previously voted for the ordinance but had not understood that a use permit would not be required for construction of new docks and additions and that she would oppose the ordinance. After further Council discussion, Councilman Tillman made a motion, seconded by Councilman Sherratt, that the ordinance be considered out of order; the motion passed by the following roll call vote: Ayes 4. Noes: Councilman Stone -1. Absent: None. ORDINANCES FOR PASSAGE 79 -855 Ordinance No. 1992, New Series, "Amending the Alameda Municipal Code by amending Section 11- 1379(a) thereof relating to uses requiring use permits in Open Space Districts.' Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance be finally adopted; the motion carried by the following roll call vote: Ayes: 4 Noes: Councilman Stone - 1 Absent: None. REPORTS AND RECOMMENDATIONS 79 -856 From Acting City Manager regarding financing alternatives for parking structure, dump site perimeter, et al. The Acting City Manager summarized the report stating that there were alternatives other than a non - profit corporation for financing the dump site perimeter and the golf course but that the establishment of a non - profit corporation appeared to be the only available source to finance the parking structure. Sharon White, Attorney for Jones Hall Hill and White, stated that approving the resolution would not commit the City to any type of bond financing, and there is no financial obligation until bonds are issued. Councilman Diament noted that the Park Street Revitalization Plan recommended to proceed with the parking structure. After further Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and the applicable resolutions be considered out of order; the motion carried by unanimous voice vote - 5. RESOLUTIONS 79 -857 Resolution No. 9196, "Authorizing execution of agreement with Merrill Lynch White Weld Capital Markets Group for financial advisory services in connection with City of Alameda nonprofit corporation lease revenue bonds." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: 5. Noes: None. Absent: None. December 18, 1979 79 -858 Resolution No. 9197, "Authorizing execution of agreement with Jones Hall Hill & White for bond counsel services in connection with a parking facility project." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: 5, Noes: None. Absent: None, REPORTS AND RECOMMENDATIONS 79 -859 From Acting City Manager regarding agreement between City and Barton - Aschman Associates, Inc., for Traffic Control Device Inventory. President Corica noted that the person who had requested withdrawal of this item from the Consent Calendar was no longer present. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be approved and the resolution considered out of order; the motion carried on unanimous voice vote - 5. RESOLUTIONS *79 -860 Resolution No. 9198, "Authorizing execution of agreement with Barton - Aschman Associates, Inc., for professional services relating to a Traffic Control Device Inventory. Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: 5. Noes: None, /!!sent: None REPORTS AND RECOMMENDATIONS 79 -861 From Acting City Manager regarding status of Patton Way. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted and the items as recommended in the report be placed on the agenda of January 2, 1980; the motion carried by unanimous voice vote - 5. COUNCIL REFERRALS 79 -862 President Corica announced the next Council meeting will be held Wednesaay, January 2, 1980, at 7:30 p.m., inasmuch as the holiday is on the regular meeting day. 79 -863 President Corica stated that he wished to limit the boundary of the Roemer Bird Sanctuary located at South Shore to the foot of Park Street and that a barrier should be erected and requested that the matter be placed on the Council agenda of January 2, 1980. 79 -864 Councilman Tillman stated he attended the San Leandro Transportation Study Committee and voted as directed by Council but was defeated by a five to one vote, He further stated that he would provide Council a resume on the matter. 79 -865 Councilman Diament stated that the Council had received a copy of the San Francisco Ordinance relating to unit pricing, and she felt that unit pricing was a protection to the consumer. Russell Suisung, 221 Santa Clara Avenue, stated that many stores in Alameda do not have equipment for unit pricing. December 18, 1979 79 -866 Councilman Stone stated that she had presented the resolution previously approved by Council to Leora Ricketts and that Ms. Ricketts had expressed her appreciation for the honor. REPORTS AND RECOMMENDATIONS *79-867 From Assistant to City Manager regarding status report on emergency medical services with Alameda County. Approved. *79 -868 From Auditor - Assessor requesting personal property tax refund, Bill #1990, in the amount of $490.00 to Dan Linney which was placed on City of Alameda tax rolls in error. Approved. RESOLUTIONS *79 -869 Resolution No. 9199, "Ordering refund of personal property taxes erroneously levied and collected." Adopted. *79 -870 Resolution No. 9200, "Requesting cancellation of taxes on real property acquired by the City of Alameda for municipal purposes." Adopted. *79 -871 Resolution No. 9201, "Authorizing execution of agreement with Antioch University relating to employment of Nelson Streib to assist in development of the City's Historical Element." Adopted. 79 -872 Resolution No. 9202, "Amending Salary Resolution No. 9162 relating to compensation for the position of Golf Course Maintenance Superintendent. The Acting City Manager stated that the City has conducted Meet and Confer sessions with the Alameda Municipal Management and Confidential Employees Association and they have no objection to this chance. Councilman Sherratt stated that he felt the position should be "Y" rated at this point, reviewed by the Civil Service Board, and brought back to Council. Councilman Stone stated that she felt the "Y" rating appropriate at this time and suggested that after the Golf Course is completed the position be surveyed. After further Council discussion, Councilman Tillman made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilman Diament, Councilman Tillman and President Corica - 3. Noes: Councilman Sherratt and Councilman Stone - 2. Absent: None. 79 -873 Resolution No. 9203, "Approving final map of subdivision known as Tract 4290 and accepting certain dedicated easements and a parcel of land." Councilman Sherratt made a motion, seconded by Councilman Diament that the resolution be adopted; the motion carried by the following roll call vote: Ayes: 5. Noes: None. Absent: None. 79-874 Resolution No. 9204. "Authorizing execution of agreement for construction and completion of improvements in connection with subdivision Tract 4290 and approving faithful performance bonds as to sufficiency." Councilman Sherratt made a motion, seconded by Councilman Diament that the resolution be adopted; the motion carried by the following roll call vote: Ayes: 5. Noes: None, Absent: None. December 18, 1979 79 -875 Resolution No. 9205, "Designating the City of Alameda's new Par -3 Golf Course the "Mif" Albright Par -3 Golf Course. President Corica stated that "Mif" Albright had passed away last week and Alameda has lost an outstanding citizen. He further stated that he had been very active in golf activities and other community service and that the Council was proud to name the new Par -3 Golf Course in his honor. Councilman Sherratt made a motion, seconded by Councilman Diament,that the resolution be adopted; the motion carried by the following roll call vote: Ayes: 5, Noes: None. Absent: None. INTRODUCTION OF ORDINANCES 79 -876 "Ordinance No. 1993, New Series, Amending the Alameda Municipal Code by adding subsection (29) to Section 17 -344.1 thereof relating to limited parking at 2200 Central Avenue. Councilman Sherratt made a motion, seconded by Councilman Diament, that the emergency ordinance be finally adopted; the motion carried by the following roll call vote: Ayes: 5 Noes: None. Absent: None. 79 -877 Ordinance No. ,New Series, "Adding, amending and repealing certain sections of the Alameda Municipal Code relating to animal control." 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: 5. Noes: None. Absent: None. ORDINANCES FOR PASSAGE 79 -878 Ordinance No. 1994, "Amending Ordinance No. 1931 by amending Section 11 -14D9 of the Alameda Municipal Code relating to condominium conversion fees. Councilman Sherratt made a motion, seconded by Councilman Diament that the ordinance be finally adopted; the motion carried by the following roll call vote: Ayes: Councilman Diament, Sherratt, Tillman and President Corica - 4. Noes: Councilman Stone - 1- Absent: None. BILLS *79 -879. An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of 5130,640.41. FILING *79-880 Agreement with Merrill Lynch White Weld Capital Markets Group for financial advisory services. Agreement with Jones Hall Hill & White for bond counsel services. Agreement with Barton - Aschman Associates, Inc., for professional services. Agreement with Antioch University regarding City's Historical Element. Agreement in connection with Tract 4290. ADJOURNMENT There being no further business to come before the meeting, the Council adjourned. at 11:55 p.m. in respect to the memory of Mr. Lloyd "Mif" Albright, to assemble in regular session on Wednesday, January 2, 1980, at 7:30 o'clock p.m. December 18, 1979 Respectfully submitted DEEN SPEEGLE City Clerk