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1980-10-07 Regular CC MinutesREGULAR NEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY OCTOBER 7, 1980 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Diament. The Invocation was given by Rev. Donald J. Longbottom, Immanuel Baptist Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. MINUTES Councilman Sherratt made a motion, seconded by Councilman Diament, that the minutes of the Special Council Meeting and Joint Special Council and Housing Authority Meeting of August 26, 1980, and the regular Council meeting of September 2, 1980, be approved as submitted; the motion carried by unanimous voice vote - 5. CONSENT CALENDAR President Corica stated that a request had been received to remove the ordinance relating to sidewalk maintenance from the agenda, and it would be considered later in the meeting. Councilman Sherratt made a motion, seconded by Councilman Diament, that the following 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. Items so enacted, approved, or adopted will be indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *80-683 From Secretary to Planning Board requesting that a hearing be scheduled for Tuesday, October 28, 1980, regarding proposed amendments to the Sign Ordinance. The Council set the hearing date of Tuesday, October 28, 1980. *80-684 From City Engineer recommending an extension of three months to January 6, 1981, be granted to Bedford Associates, Inc., to complete improvements for Lot 2, Block 1 of Tract 3713, and to indicate to the developer the Council's desire that the work be completed within that time frame. Approved. *80-685 From City Engineer recommending that an extension of six months from September 21, 1980, to March 21, 1981, be granted to Harbor Bay Isle to complete off-site improvements in Tract 3645. Approved. *80-686 From City Engineer recommending that the Council approve the application of Encinal Industries, Inc., to fill approximately 24,000 cubic yards of material at the north end of Pier 5 in Encinal Terminals at 1521 Buena Vista Avenue. Approved. RESOLUTIONS *80-687 Resolution No.9387 , "Authorizing agreement with Lamphier and Associates for personal services in connection with the Draft and Final Environmental Documents for Patton Way." Adopted. October 7, 1980 *80-688 Resolution No. 9388, "Authorizing execution of agreement with General Janitorial Service to provide janitorial services in City Hall for the period October 13, 1980, to June 30, 1981." Adopted. *80-689 Resolution No. 9389, "Approving Final Map of subdivision known as Tract 4467." Adopted. *80-690 Resolution No. 9390, "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision Tract 4467 and approving bond as to sufficiency." Adopted. INTRODUCTION OF ORDINANCES *80-691 "Authorizing conveyance by Quitclaim Deed of certain public utility easement to Terry Lufkin, Sandra M. Howard, James F. Howard and Mortimer R. Howard (10' P.U.E. Easement located in Tract 4270)." Introduced and passed to print. *80-692 "Amending the Alameda Municipal Code by amending Subsection (a) of Section 11-3124 and Subsections (b) and (c) of Section 11-3131 thereof relating to Council approval of final maps for subdivisions." Introduced and passed to print. *80-693 "Amending the Alameda Municipal Code by adding thereto Articles 9 and 10 to Chapter 3 of Title XVII and by repealing Section 17-352 thereof, relating to temporary parking prohibitions and towing of unlawfully parked vheicles." Introduced and passed to print. BILLS *80-694 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $192,793.32. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 80-695 From Sue Paonessa, 1048 Verdemar Drive, requesting the law be modified to allow bicyclists to ride their bikes on Bay Farm Island Bridge when no pedestrians are present. President Corica stated that the ordinance had been passed for safety reasons and P.T.A. groups recently brought up the fact that it might be legal to ride bicycles on the roadway. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communi- cation be accepted, that the ordinance prohibiting bicycle riding on the sidewalk of the Bay Farm Island bridge remain in effect, and directed staff to provide a report regarding prohibiting any bicycle riding at all on the Bay Farm Island Bridge; the motion carried by unanimous voice vote - 5. 80-696 From Concerned Citizens of Alameda expressing concern regarding the proposed Package Liquor Store to be located in the former Safeway Building off Webster Street. October 7, 1980 President Corica stated meetings had been held with Safeway to keep communications open with the neighbors, and Safeway had agreed to limit hours of operation, provide additional landscaping, and not have deliveries to the store at night. He further noted that the location is zoned for the activity. The following persons spoke in opposition to the Package Liquor Store: Judy Hightower, 737 Haight Avenue Russell A. Sisung, 221 Santa Clara Avenue Councilman Diament suggested the neighbors contact Alcoholic Beverage Control (ABC) to ascertain if anything can be done in that area. Councilman Stone requested staff provide information as to whether other cities in the County require conditional use permits or have ordinances restricting liquor stores in residential areas. Councilman Sherratt made a motion,seconded by Councilman Tillman, that the communi- cation be accepted and directed staff to continue to monitor the situation and keep Council apprised if conditions change; the motion carried by unanimous voice vote - 5. 80-697 From Bette Johnson, 300 Coral Reef Road, expressing support of the City Engineer's opinion that the best solution to South Shore Beach erosion would be a sack-concrete wall. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communi- cation be accepted and referred to the Beach Erosion Committee inasmuch as they are currently working on a solution to the erosion problem; the motion carried by unanimous voice vote - 5. 80-698 From Viola Sumption, 21481 Clinton Avenue, requesting the Council to reconsider the request for a Revocable Permit for the enclosure located at 2420 Marti Rae Court. Councilman Stone noted this was the third time this request had been before Council and made a motion, seconded by Councilman Tillman, that the communication be accepted and the request denied; the motion carried by unanimous voice vote - 5 80-699 From J. Paul Gutleben, 2844 San Jose Avenue, advising of his interest in buying or leasing one of the ten-foot access ways off Fernside Boulevard if they become available. Mr. Gutleben stated he would like to obtain a lease or buy one of the access ways off Fernside if they become available. President Corica noted that the matter had been referred to the Planning Board for a report and would be considered by Council again in the near future. Councilman Sherratt made a motion, seconded by Councilman Diament, that the com- munication be accepted and referred to the file on that subject; the motion carried by unanimous voice vote - 5. October 7, 1980 80 -700 From Timothy Branson, 1431 Stanton, proposing additions to moderate provisions relating to prohibition of exotic pets. Mr. Branson requested that the ordinance be modified as he felt the language was vague in defining exotic pets. Carmen Lasar, Alameda Animal Rescue and Control, spoke in opposition to any change in the ordinance and stated the City did not have facilities or staff to care for exotic pets. The following persons spoke in support of the Council considering modification of the ordinance: Jim Cagle, 2222 Encinal Avenue Ralph Yandell, 1319 Burbank Street Councilman Tillman recommended the Council not consider changes to the ordinance inasmuch as it was recently studied thoroughly. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the communi- cation be accepted and the ordinance remain as is for the present; the motion carried by unanimous voice vote - 5. 80 -701 From John Barni appealing decision of Planning Board in granting application for a Planned Development Amendment (PDA -80 -6) to locate a temporary trailer as a real estate office at 801 Island Drive. (Applicant: Harbor Bay Isle Associates) President Corica noted that the appellant had requested the item be withdrawn until further notice and so ordered with consent of Council. 80 -702 From Joseph Sullivan, 3221 Liberty Avenue, recommending that the proposed amendments relative to procedures to conduct Council meetings be rejected and suggesting alternatives. Mr. Sullivan stated he would prefer to speak when the ordinance relating to procedures is considered. Councilman Sherratt made a motion, seconded by Councilman Stone, that discussion of the communication be held when the ordinance is considered; the motion carried by unanimous voice vote - 5. 80 -703 From City of Newark, signed by Mayor Smith, recommending revision to Chapter 4, of, "Solid Waste Management Facilities," to include certain language. Councilman Sherratt made a motion, seconded by Councilman Stone,that this communica- tion be considered in conjunction with the hearing on Solid Waste Management which is on the agenda; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution appointing a member to the Historical Advisory Commission be considered at this time out of sequence on the agenda; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80 -704 Resolution No. 9391 "Appointing Gary Knecht as a Member of the Historical Advisory Commission." October 7, 1980 Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted. Councilman Sherratt stated that Mr. Knecht had had conflicts with a staff member, and he wished it known that the Council desires harmonious relationships between staff and Board and Commission members and will be monitoring the situation. Councilman Tillman stated he would oppose the appointment because of staff conflicts with Mr. Knecht. Upon call of the roll, the motion to adopt the resolution carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, and President Corica - 3. Noes: Councilmen Stone and Tillman - 2. Absent: None. Upon request, the Clerk administered the Oath of Office to Mr. Knecht. Mr. Knecht stated he wished to assure the Council he would do his best to work with staff, Council, and the public to fulfill his duties. HEARINGS 80 -705 Hearing regarding the Alameda County Solid Waste Management Plan. William Fraley, Alameda County Planning Director, summarized the Draft Solid Waste Management Plan and stated that the State mandates that all counties prepare such a plan. He requested the Council to submit any proposed changes to the Solid Waste Management Authority of Alameda County for inclusion in the Final Plan. President Corica requested economic study of Davis Street Transfer station re- garding the facility being used as an energy facility versus not being used as an energy facility and how much Oakland Scavenger would save by not transporting waste to Altamont Pass. Councilman Stone requested a regional study be made regarding solid waste management as it might be feasible for nearby cities to be involved even though they are not in Alameda County. President Corica recommended that the provision that the City have first right of refusal of Refuse Derived Fuel (RFD) and the revision suggested by Mayor Smith, City of Newark, in his letter be included in the Solid Waste Management Plan. Bob Boshoven, Bureau of Electricy, recommended the following: 1) Establishment of quantitative criteria to evaluate projects; 2) That appendices of consultants, now informational, in the Solid Waste Management Plan be submitted to the Authority for consideration, and if the Authority agrees that they be placed in the policy section of the Plan; and 3) That environmental impacts of various alternatives be made at this time and language inserted to support conclusions in the Plan. President Corica called for additional speakers, noted there was no response, and declared the public portion of the hearing closed. October 7, 1980 Councilman Sherratt made a motion, seconded by Councilman Diament, that staff be directed to submit a policy statement to the Alameda County Solid Waste Management Authority incorporationg the following: 1) That the Plan include the provision that the City have the first right of refusal of RDF from the Davis Street facility; 2) Recommendations contained in the City Manager's report dated September 30, 1980; 3) Recommendations made by the previous speaker, Bob Boshoven, Bureau of Electricity; and 4) Recommendation of Mayor Smith, City of Newark, that the plan be revised to include certain language as outlined in his letter dated August 29, 1980. The motion carried by unanimous voice vote - 5. 80 -706 Hearing regarding proposed amendments to Zoning Ordinance relative to Design Review Function. The Acting Planning Director stated that the proposed ordinance deletes reference to the Design Review Board and maintains the status of the Planning Board and City Council as appeal bodies. President Corica explained the procedures to be used in the hearing. On the call for proponents or opponents, there were no speakers. President Corica declared the public portion of the hearing closed. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the ordinance relating to the hearing be considered out of sequence at this time; the motion carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 80 -707 "Amending and repealing certain sections of Chapter 1 of Title XI of the Alameda Municipal Code relating to a Design Review Procedure." Councilman Tillman 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: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Noes: None. Absent: None. APPEALS 80 -708 From Dividend Development Corporation, signed by James R. Omsberg, appealing the decision of the Planning Board in denying request for a Planned Development Amendment. (PDA -80 -5, Clipper Cove) The Acting Planning Director stated that the Planning Board had denied the request for "E" encroachments greater than 20 feet, and the 15 -foot garage setbacks but did permit "E" encroachments that were located elsewhere where there was a minimum open space of 15' x 20' or 20' x 20'. James Omsberg, Dividend Development, stated that Dividend Development is developing 202 residential units in Clipper Cove in three phases, and in the first phase, the Planning Board approved 12 exceptions, the exact exceptions being requested in this Planned Development, and that not approving these exceptions is a policy change. He further stated that if the exceptions are not granted, the design would have to be changed and there would be considerable cost impacts which would have to be passed on in increased prices to future homeowners. October 7, 1980 The following persons spoke in support of the Planned Development Amendment: Ronald Ginder, 2070 Clinton Avenue Orin Dalaba, 2209 Otis Drive James MacConnell, 250 Alamos Road, Porotola Valley Peter Kane, 3600 Pruneridge Avenue, Santa Clara Martin Stahl, 937 Shorepoint President Corica stated he was concerned exceptions were approved in the first phase and then changed in the second phase. Councilman Sherratt made a motion, seconded by Councilman Diament, that the exceptions be granted and the Planned Development Amendment approved; the motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 80-709 From Ad Hoc Efficiency Evaluation Committee endorsing the proposed Charter Amendment, Measure A, which provides for specific qualifications and duties of an elected Auditor and Treasurer, on the November 4, 1980 ballot; the Committee also endorses appointment of a Financial Manager. Sid Haag, Member of the Committee, read the report and urged the Council to support the proposed Charter Amendment, Jim Payton, Chairman of the Committee spoke in support of Measure A. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and the Council again go on record in support of Measure A; the motion carried by unanimous voice vote - 5. 80-710 From Chairperson of Mayor's Committee for the Handicapped requesting assistance from the City in making 150 copies of the Committee's Annual Report. Josephine Bixler, Chairperson, stated the report would be 68 pages and spoke in support of the request for assistance from the City. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the report be accepted and staff directed to have 150 copies of the report printed; the motion carried by unanimous voice vote - 5. 80-711 From City Engineeer recommending authorization of the deposit of S18,113 to the revolving fund of the Joint Exercise of Powers Agreement for control of Wet Weather Overflows and Bypasses. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted and the recommendation of the City Engineer approved; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80-712 Resolution No. 9392 "Designating the Union Iron Works Turbine Machine Shop Building and Union Iron Works Power House as Alameda Historical Monuments." Penny Brewer, Chairman of the Historical Advisory Commission, spoke in support of the resolution designating the Historical Monuments, October 7, 1980 President Corica presented David Collins, Vintage Properties, with proclamations proclaiming the Union Iron Works and Turbine Machine Shop Building and Union Iron Works Power House as Alameda Historical Monuments. Mr. Collins expressed his appreciation to the Council. 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 -713 Resolution No. 9393 "Authorizing the East Bay Municipal Utility District to enter into an agreement with the Eastshore Consultants (TEC) in connection with the infiltration and inflow into the City's sanitary sewerage system pursuant to the Joint Exercise of Powers Agreement." Councilman Diament made a motion, seconded by Councilman Stone, 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. INTRODUCTION OF ORDINANCES 80 -714 "Authorizing execution of lease of certain tide and submerged lands to L. Gifford Rogers and Doreen G. Rogers. (Fernside Boulevard)" Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance be introduced and passed to print. President Corica noted this issue had been addressed previously and the concept approved. Joseph Sullivan, 3221 Liberty Avenue, spoke in opposition to the lease and stated he felt the lease should be for a maximum of five years with option of renewal if City wishes. Councilman Stone stated she was reluctant to approve the lease with no specifics and no input as to how it would relate to properties on East Shore. She requested staff investigate whether applicant could process a Use Permit through BCDC without City being a coapplicant and requested an analysis of number of boats docked and relative statistics. Upon call of the roll, the ordinance passed to print by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: Councilman Stone - 1. Absent: None. FINAL PASSAGE OF ORDINANCES 80 -715 Ordinance No. 2021, New Series, "Amending the Alameda Municipal Code by amending Sections 2 -116 and 2 -117 thereof relating to order of business and rules of order for City Council meetings." Councilman Diament made a motion, seconded by Councilman Sherratt, that the ordinance be finally adopted. Joseph Sullivan, 3221 Liberty Avenue, spoke in opposition to the proposed ordinance and recommended that Robert's Rules of Order govern conduct of Council meetings. October 7, 1980 At the conclusion of the five minutes allowed Mr. Sullivan to speak, Councilman Sherratt made a motion, seconded by Councilman Tillman, that Mr. Sullivan be granted two additional minutes to conclude. Mr. Sullivan declined stating he would be unable to finish in two minutes. President Corica stated he agreed with the time limits but not the use of speaker slips so he would vote against the ordinance. Upon call of the roll, the ordinance was adopted by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None. Councilman Sherratt made a motion, seconded by Councilman Diament, that the adjourn- ment hour be extended to 11:15 p.m. The motion carried by unanimous voice vote - 5. UNFINISHED BUSINESS President Corica stated that the ordinance relating to sidewalk maintenance which had been withdrawn from the Consent Calendar would be considered at this time. INTRODUCTION OF ORDINANCES 80-716 Ordinance No. , New Series, "Amending the Alameda Municipal Code by adding Section 5-212 thereto relating to sidewalk maintenance." Councilman Stone inquired whether trees could be removed if roots were causing a problem with sidewalks. The City Attorney stated that the City would still be responsible for tree problems, and trees could not be removed by private parties. 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: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - b, Noes: None. Absent: None. UNFINISHED BUSINESS 80-717 Consideration of appointment of two (2) members to the Golf Co0mis3iOn, President Corica nominated Theodore J. Holmes for reappointment to the Golf Commission; the nomination was seconded by Councilman Did0ent,aDd carried by unanimous voice vote - 5. President Corica nominated Edward M. Gingrich for reappointment to the Golf Commission; the nomination was seconded by Councilman Stone. Councilman Tillman stated he would oppose the nomination as he wanted to get a composition On the Commission that was indicative of the City and felt others should be given consideration. The nomination carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Stone, and President Corica - 4. Noes: Councilman Tillman - 1. Absent: NOD2, October 7, 1980 80 -718 Councilman Stone stated that the Ad Hoc Efficiency Committee had requested a person with computer expertise some time ago, and Richard Osborne, who is in charge of the Safeway computer program, would be available to assist but would not have time to attend all committee meetings. She inquired whether the Council would wish to appoint him as a consultant to the committee or as a member. President Corica recommended Mr. Osborne be appointed as a member of the Committee and perhaps something could be worked out regarding attendance at the meetings. With the consent of Council, President Corica so ordered. FILING 80 -719 Lease of certain tide and submerged lands to L. Gifford Rogers and Doreen G. Rogers (Fernside Boulevard). Agreement with Lamphier and Associates in connection with environmental documents for Patton Way. Agreement with General Janitoral Service to provide janitorial services. ADJOURNMENT There being no further business to come before the meeting, the Council adjourned at 11:06 p.m., to assemble in a special meeting Tuesday, October 28, 1980, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGLE City Clerk October 7, 1980