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1980-03-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MARCH 18, 1980 Convened at 7:30 o'clock p.m., with President Corica presiding. The Pledge of Allegiance was led by DeMolay Mayors of the Day, Chris Ross and Cindy Rosenlof. The invocation was delivered by Monsignor Wagner, St. Joseph's Catholic Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES Councilman Stone made a motion, seconded by Councilman Sherratt, that the Minutes of the Joint Special Meeting of the Council and Public Utilities Board of February 26, 1980, and the regular Council meeting of March 4, 1980, be approved as submitted; the motion carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE flAY 80 -200 DeMolay in Government Day. President Corica stated that members of DeMolay had been assigned positions in City Government for the day and had met with their counterparts and learned about departmental and City functions. He further stated that this organization builds the leaders of tomorrow and expressed appreciation to the DeMolays for their participation in DeMolay in Government Day. President Corica presented certificates in recognition of the DeMolays participation as follows: Cindy Rosenlof Chris Ross Rick Rosenlof Jeff Boylan Dawn Davis Rick Murray Ed Byron Dan Gibson Erin Frost Mike Miller Rick Ginley John Legg CONSENT CALENDAR President Corica stated that requests for discussion were received for the report from Burton Crowell concerning the status of Patton Way, the report regarding Tract 3713, and resolutions regarding Tract 3843, agreement with Daniel Reidy, participation in Census, and acceptance of "Freedom Shrine." Councilman Sherratt made a motion, seconded by Councilman Diament, that the remaining items on the Consent Calendar be approved; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. Those items so enacted, adopted, or approved are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *80 -201 From City Manager regarding establishment of "Complete Count Committee" for the 1980 Census. Approved. 80 -202 From Burton Crowell, Project Coordinator, concerning the status of Patton Way. Councilman Diament inquired regarding the need for a consultant to assist Mr. Crowell. The City Manager stated that the proposed consultant would provide environmental expertise and costs would be paid by Vintage Properties. Rosalie McPherson, 1128 Marianas Lane, recommended that reports regarding Patton Way be placed on the regular agenda. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted; the motion carried by unanimous voice vote - 5. 80 -203 From City Engineer recommending acceptance of certain improvements in Harbor Bay Isle, Subdivision Tract 3713, and release of the 5241,576 performance bond. Rosalie McPherson, 1128 Marianas Lane, spoke regarding erosion of lagoons in Harbor Bay Isle. The City Engineer stated that Tract 3713 had been inspected and the improvements were acceptable. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the matter be held over to the agenda of April 1, 1980, and directed the City Engineer to investigate further as to whether there is erosion of lagoons in Subdivision Tract 3713; the motion carried by unanimous voice vote - 5. Councilman Tillman requested that the City Engineer furnish information relative to bonding, erosion, and correspondence with the Corps of Engineers regarding South Shore Beach. He further requested information as to the status of bonding and erosion in Harbor Bay Isle. *80 -204 From City Engineer recommending acceptance of improvements for Parcel Map 2468, northwest corner of Eighth Street and Santa Clara Avenue, and release of bond in the amount of S5,178. Approved. *80 -205 From City Engineer recommending time extension of 18 days, approval of $3,000 Letter of Credit, and acceptance of work and release of bonds for the City Line Road Project, P.W. 12- 78 -12. Approved. 3/18/80 RESOLUTIONS *80 -206 Resolution No. 9255, "Authorizing execution of agreement with State of California Wildlife Conservation Board relating to improvements at the Alameda Estuary public access." Adopted. *80 -207 Resolution No. 9256, "Authorizing execution of Professional Services Agreement with Hansen /Murakami /Eshima Inc. for design of a boat ramp and fishing pier at the southeast corner of the Alameda Naval Air Station." Adopted. *80 -208 Resolution No. 9257, "Authorizing execution of agreement with County of Alameda relating to Emergency Ambulance Service in the City of Alameda." Adopted. 80 -209 Resolution No. 9258, "Approving Final Map of Subdivision known as Tract 3843 and accepting certain dedications, easements and reserve strips (Vintage Properties Alameda Corporation - Subdivider)." Councilman Diament inquired whether the Final Map had been from the Tentative Map. The City Engineer stated that there had been a few changes was substantially the same. changed extensively but the Final Map Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. 80 -210 Resolution 9259, "Authorizing execution of agreement for construction and completion of Improvements in connection with Subdivision Tract 3843 and approving bonds as to sufficiency (Vintage Properties Alameda Corporation - Subdivider)." Councilman Stone made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. 80 -211 Resolution 9260, "Authorizing execution of agreement with Daniel Reidy for professional services in connection with development of the Environmental Document for Patton Way. Russ Suisung, 221 Santa Clara Avenue, spoke regarding the contract with Mr. Reidy. Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. 80 -212 Resolution No. 9261, "Urging all residents of Alameda to participate in the 20th Decennial Census of Population and Housing." 3/18/80 President Corica requested that the Times Star publicize the resolution urging residents of Alameda to participate in the Census and noted that much of the City's funding is affected by the results of the Census. Councilman Sherratt madt a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. 80 -213 Resolution 9262, "Authorizing acceptance of "Freedom Shrine" donated by the Alameda Exchange Club to be placed in the lobby of the Police Administration Building and expressing appreciation to the Alameda Exchange Club." President Corica expressed appreciation to the Alameda Exchange Club for their involvement in the community and for donation of the "Freedom Shrine" to be placed in the lobby of the Police Administration Building. He further stated that the date for the official presentation of the "Freedom Shrine" will be announced later. Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by unanimous voice vote - 5. FINAL PASSAGE OR ORDINANCES *80 -214 Ordinance No. 2005, "Authorizing the acquisition of certain real property for street, nignway, and general municipal purposes (Fernside Boulevard Extension - 3288 Encinal Avenue)." Adopted. BILLS *80 -215 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of 579,107.78. FILING *80 -216 Agreement in connection with Tract 3843 Agreement with State Wildlife Conservation Board - Alameda Estuary Public Access. Agreement with Hansen /Murakami /Eshima Inc. for design of boat ramp and fishing Pier. Agreement with County of Alameda relative to Emergency Ambulance Service. Agreement with Daniel Reidy for professional services relative to Patton Way. Bureau of Electricity Financial and Operating Report for the period ending December 31, 1979. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 80 -217 From San Francisco Bay Chapter Sierra Club, signed by Agnes Rebane, requesting the Council oppose efforts to significantly reduce transbay bus service. 3/18/80 Councilman Diament made a motion, seconded by Councilman Sherratt, that the Council endorse the position of the Sierra Club regarding opposition to significant reductions of transbay Bus service and directed that the Metropolitan Transportation Commission and state congressional representatives be notified of the Council's position; the motion carried by unanimous voice vote - 5. 80 -218 A Petition signed by thirty Alameda residents requesting that the City remove the burned -out dwelling at 1807 Santa Clara Avenue, Ted Klyber, owner of the property at 1807 Santa Clara Avenue, stated that his attorney had written to the City Attorney regarding the matter and that he did not know what the legal ramifications were. The City Engineer stated that the property needed a full inspection by the City departments involved. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, to direct staff to begin abatement procedures, to begin legal proceedings if necessary, and to report back to Council by April 15, 1980; the motion carried by unanimous voice vote - 5. 80 -219 From County of Alameda Veterans Day Commission, signed by Jerry Williams, requesting appropriation of S250.00 for the "Veterans Day Observance Parade." Councilman Sherratt made a motion, seconded by Councilman Tillman, that Mayor Corica be directed to express regrets to the Alameda Veterans Day Commission that the City is unable to contribute to the event due to budgetary limitations; the motion carried by unanimous voice vote - 5. 80 -220 From Tri State Engineering Company, signed by Eric Schmitz, requesting a twelve -month extension to April 3, 1981, for filing the final map for Tract 4206. Eric Schmitz stated that the property had changed ownership which had caused the delay and that they probably would not need the full twelve -month extension. After Council discussion, Councilman Stone made a motion, seconded by Councilman Tillman, that the request for a twelve -month extension be denied. President Corica suggested that the motion be amended to grant an extension of six months to October 3, 1980. The suggested amendment was accepted by Councilman Stone and Councilman Tillman, and the motion, as amended, to grant an extension of six months to October 3, 1980, for filing the final Map for Tract 4206 carried by unanimous voice vote - 5. 80 -221 From Brian Joyce, 3009 Central Avenue, regarding a recycling center in the City of Alameda. James Wilson, 1140 Ballena Bay Isle, spoke in favor of a recycling center. Councilman Sherratt made a motion, seconded by Councilman Stone, as follows: 1) Directed the City Manager to investigate the feasibility of a recycling center and to provide a recommendation back to Council; and 2) that a copy of 3/18/80 the communication be forwarded to the Peralta Junior College School District, Alameda Unified School District, Oakland Scavenger Company, Alameda Disposal Company, and Mae Rose Evans of the Public Utilities Board to explore the possibility of working out a cooperative program; the motion carried by unanimous voice vote - 5. 80 -222 From Joseph M. Sullivan, 3221 Liberty Avenue, submitting copy of his letter to Army Corps of Engineers regarding financial liability for erosion of land fill in the Harbor Bay Isle project. Joseph M. Sullivan, 3221 Liberty Avenue, recommended that bonds be held as long as possible to hold the developer financially liable in the event of erosion. After Council discussion, Councilman Tillman made a notion, seconded by Councilman Sherratt, that six months before the depletion of the bond filed by the developer for Shoreline Park that someone from the City be designated to check the entire beach for erosion and provide a report to Council for a determination as to whether further monetary protection is needed; the motion carried by unanimous voice vote - 5. HEARINGS 80 -223 Hearing for owners of properties proposed for the Fernside Boulevard Extension to express their views on the public interest and necessity of the project, the compatibility of the project to public good and private injury, and the necessity of acquisition of the lands for the project. The City Attorney stated that the law requires that property owners be notified and given the opportunity to give their views before condemnation proceedings and that notices had been sent to the property owners. President Corica explained the procedures to be used in the hearing. President Corica stated that persons who had responded to the City Attorney's notices may now speak. John Barni, 1277 Bay Street, stated that he represented Thomas Wood, Betty Banke, and Vee Chard who were property owners and that he did not know the exact property involved. He stated his clients would probably be agreeable to sale of the property if they knew the price involved. The City Attorney stated that the Assessor Parcel numbers of the properties veere on the notices and that a set offer as to price would be made before filing the condemnations. He further stated that the hearing before the Council this evening is only to hear objections if there are any. Karl Breitkope,1451 Fernside Boulevard, stated that litigation had been filed regarding the Fernside Boulevard Extension and he felt the hearing was premature Stewart Palmer, 1608 Fernside Boulevard, spoke in support of Mr. Breitkooe's position. Charles Tuder, Assistant Superintendent of Alameda Unified School District, stated he was not speaking either in favor or opposition in the hearing and requested that the School District have the opportunity to review the appraisal. 3/1,8/80 Ray Hutton, 3109 Marina Drive, representing Aeolian Yacht Club, stated he was not adverse to the matter being heard this evening but he did feel an Environmental Impact Report should have been prepared on the Fernside Boulevard Extension. President Corica declared the public portion of the hearing closed. Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution of necessity authorizing acquisition of property for extension of Fernside Boulevard be considered out of order; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80 -224 Resolution No. 9263, "Resolution of Necessity authorizing the acquisition of certain property for the extension of Fernside Boulevard and finding that the public interest and necessity require the proposed property, that the location thereof causes the least private injury, that the subject property is necessary for the proposed project, and that areas designated as "Excess" are remnant parcels." Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. HEARINGS 80 -225 Hearing regarding the relationship between Madison Street, San Jose Avenue, Adams Street, Washington Street, Fillmore Street, and Calhoun Street to Fernside Boulevard Extension. The Planning Director stated that the Planning Board had considered the relation of the streets to the Fernside Boulevard Extension and on February 11, 1980, and recommended as follows: 1. That Calhoun and Fillmore Streets be closed to Fernside. 2. That all the other streets between Encinal and Fernside be left open and that the median strip be cut through for San Jose and Washington. President Corica explained the procedures to be used in the hearing. On the call for proponents in favor of the Planning Board decision, the following persons spoke: Joseph Sullivan, 3221 Liberty Avenue Pete Bongioni, 3201 Thompson Avenue Joe McGill, 3257 Madison Street On the call for opponents in opposition to the Planning Board decision, the following persons spoke: John Barni, 1277 Bay Street Catherine Denigan, 1404 Fernside Boulevard Bob Wood, Planning Board Member 3/18/80 President Corica declared the public portion of the hearing closed. After Council discussion, Councilman Diament made a motion, seconded by Councilman Stone, that the Planning Board recommendations as previously stated by the Planning Director be approved; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 80 -226. From President of the Recreation Commission regarding Senior Center site selection. Lance Russum, Chairman of the Recreation Commission, stated that the Recreation Commission recommends that the entire Mastick School facility be designated as site for a Senior Citizen Center, that an agreement be negotiated for a twenty -year lease with Alameda Unified School District, and that the City consider purchasing the property for a permanent Senior Center location. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Tillman, that the Council approve the recommendations of the Recreation Commission and instruct staff to enter into negotiations with Alameda School District to obtain Mastick School as a Senior Center site; the motion carried by unanimous voice vote - 5. Councilman Tillman requested that a "Hall of Fame" be placed in the Senior Center in recognition of people who have worked many years to establish a Senior Center. He requested that the following persons be named in the "Hall of Fame" and possibly others to be designated at a later date: Anne Diament Carrie Dodd Clarence Day Sig Bray Laurie Hildebrand Bea Rowney Lucille Harrison Vivian Bailey Sig Bray recommended that Councilman Tillman also be included in the "Hall of Fame." Councilman Diament requested that Robert Wonder, Assistant to City Manager, also be included in the "Hall of Fame." and expressed appreciation to Mr. Wonder for the work he has done on the Senior Center. The City Manager stated that a program will be in progress at Mastick School for seniors by July 1, 1980. Councilman Tillman recommended that the Senior Center facility be called Mastick Senior Center inasmuch as E.B. Mastick was active in community activities and members of the Mastick family still reside in the City of Alameda. 3/18/80 80 -227 From City Manager on the recommendations of the Council Ad Hoc Committee on City Hall Renovations relative to allocation of space at City Hall. Councilman Diament stated that City Hall is a Historical Landmark and suggested that the City attempt to obtain a grant from the Historic Society for renovation. Councilman Sherratt made a motion, seconded by Councilman Diament, that the City Manager be authorized to explore the possibility of obtaining consultant services to review structural aspects of City Hall and directed the City Manager to submit recommendation to Council regarding funding for consultant; the motion carried by unanimous voice vote - 5. Gerhard Degeman, 304 Sand Beach Road, recommended that City Hall be placed on the National Historical Monument List. 80 -228 From City Manager regarding the sale of the Otis /Willow property. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that the following recommendations of the City Manager be approved: 1. Direct the City Manager to offer the property to the Alameda Housing Authority and the East Bay Regional Park District at market value. 2. Authorize the City Manager to sell the property to Harbor Bay Isle Associates with the requested contingency regarding change of zoning. 3. If the rezoning of the property does not occur, authorize the City Manager to pursue the disposal of the property to an appropriate public entity for a public use. This would be subject to review and approval by the Council. The motion carried by unanimous voice vote - 5. Councilman Tillman requested the City Manager to inform the South Shore Homeowners' Association of the Council action. The following persons spoke regarding the proposed sale of the Otis /Willow property: Joseph Sullivan, 3221 Liberty Avenue Joe McGill, 3257 Madison Street 80 -229 From City Manager submitting recommendations on actions relative to CABLE TV. Councilman Stone recommended that the City contact persons interested in establishing CABLE TV for proposals and obtain consultant services after proposals are received. 3/18/80 After Council discussion, Councilman Tillman made a motion, seconded by Councilman Sherratt, as follows: 1. That the following five criterion outlined in the City Manager's report of March 12, 1980 be accepted. a. Programming which will not only provide entertainment but will also be directed at informing and educating the public. b. A reasonable franchise fee. c. A local studio which can be used to produce local public interest television. d. An acceptable pole agreement with the Bureau of Electricity and Pacific Telephone and Telegraph. e. A reasonable method for controlling the quality of programming provided. 2. Directed that Bill No. 699 regarding regulatory matters relative to CABLE TV be investigated. 3. Authorized the City Manager to begin process of checking into possibility of obtaining consultant services relative to CABLE TV. 4. Directed that a public hearing be scheduled to obtain input from citizens of Alameda. The motion carried by unanimous voice vote - 5. 80 -230 From Assistant to City Manager regarding prospective sale of property at 1317 Pacific Avenue. Dave McEntire, 1000 Paru Street, stated that repairs to the existing structure were probably more extensive than indicated in the staff report. After Council discussion, Councilman Diament made a motion, seconded by Councilman Sherratt, that the following recommendations in the report from Assistant to the City Manager be approved: 1. Authorize the sale of 1317 Pacific Avenue through a sealed bid process; 2. Authorize a deed restriction regarding the Section 8 program; 3. Establish a minimum selling price of $90,000; and 4. Authorize staff to prepare the necessary documents /procedures for implementing the above. 3/18/80 The motion carried by unanimous voice vote - 5. RESOLUTIONS 80 -231 Resolution No. 9264, "Amending Resolution No. 9223 and No. 9225 to provide that the Office of City Treasurer shall be appointive by the City Manager, subject to approval by the City Council, rather than elective." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried on the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 80 -232 Councilman Stone referred to a letter from Bay Conservation Development Commission (BCDC) regarding application to construct a recreation club and public access at Tract 3773 at Harbor Bay Isle and inquired whether the City Manager had communicated with BCDC. The City Manager stated that he had written a letter to BCDC and a meeting would be held next week. 80 -233 Councilman Tillman stated that he had referred to a covenant with Harbor Bay Isle at the March 4, 1980, Council meeting relative to the committment to build no more than 3200 units and inquired whether any action had been taken. The City Manager stated that he had communicated with Harbor Bay Isle by telephone and informed them that the City would want a covenant before considering any further development. Councilman Tillman stated that the pavement on Island Drive where East Bay Municipal Utility District has been doing some work has not been repaired although it was brought to staff's attention some time ago. NEW BUSINESS 80 -234 Councilman Stone referred to a notice issued by the Corps of Engineers dated March 12, 1980, and expressed her concern that construction of the dock would not require a Use Permit from the City inasmuch as the Council had recently adopted an amendment to the Zoning Ordinance eliminating that requirement. The Planning Director stated that this dock was not in the "0" zone, and he had advised the applicant that a Use Permit is required and directed a staff member to write to the Corps of Engineers. 80 -235 President Corica recommended that two Councilmembers be appointed as ex- officio members of the Housing Authority in order to improve lines of communication. Councilman Sherratt made a motion, seconded by Councilman Stone, that Mayor Corica contact the Housing Authority to see how they would feel about two 3/18/80 Councilmembers being appointed as ex- officio members of the Housing Authority; the motion carried by unanimous voice vote - 5. Councilman Sherratt referred to an agenda for the Mayor's Committee for the Handicapped for the Meeting of March 10, 1980, and noted that an item listed on the agenda was a letter to Alpha Beta concerning accessibility and requested that the Council be advised whether they are taking positions regarding adequate accessibility. President Corica stated that he would follow up on the matter. ADJOURNMENT 80 -236 Councilman Sherratt made a motion, seconded by Councilman Diament, that the Council adjourn to an Executive Session for discussion of personnel and litigation matters; the motion carried by unanimous voice vote - 5. At the conclusion of discussion, President Corica ordered the regular meeting reconvened. 80 -237 Councilman Sherratt made a motion, seconded by Councilman Diament, that settlement of the following Workman Compensation claims be approved; 1. 2. 16,200 to Harold Vargas. 3,307.50 to George Filipelli. The motion carried by unanimous voice vote - 5. There being no further business to come before the meeting, the Council adjourned at 11:15 p.m., to assemble in regular session at 7:30 o'clock p.m., Tuesday, April 1, 1980. Respectfully submitted, DEEN SPEEGLE City Clerk 3/18/80