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1980-10-28 Special CC MinutesSPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - OCTOBER 28, 1980 The meeting convened at 7:30 p.m., with President Corica presiding. The Pledge of Allegiance was led by Councilman Sherratt. The Invocation was given by Rev. Wallace Riches, Twin Towers United Methodist Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. This Special Meeting was scheduled in accordance with instructions from Council that the regular Council meeting of October 21, 1980, be canceled inasmuch as a quorum would not be present and that this Special Council Meeting be scheduled. MINUTES Councilman Sherratt made a motion, seconded by Councilman Diament, that the minutes of the regular Council meetings of September 16, 1980, and October 7, 1980, be approved as submitted; the motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Diament, that the two resolutions appointing members to the Golf Commission be considered out of sequence at this time; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80-722 Resolution No. 9395 "Appointing Theodore J. Holmes as a Member of the Golf Commission." 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. Upon request, the Clerk administered the oath of office to Mr. Holmes. 80-723 Resolution No. 9396 "Appointing Edward M. Gingrich as a Member of the Golf Commission." Councilman Stone 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. Upon request, the Clerk administered the oath of office to Mr. Gingrich. CONSENT CALENDAR President Corica noted that a request had been received to withdraw the resolu- tion regarding agreement for architectural services relating to design concept for the Holly and Oleander Park site from the Consent Calendar for discussion. October 28, 1980 Councilman Diament made a motion, seconded by Councilman Sherratt, 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 *80-724 From Secretary of Planning Board regarding public accessways to the shoreline in the east end of Alameda. The Council set a hearing date of November 4, 1980. *80-725 From Secretary of Planning Board requesting that a hearing date of November 4, 1980, be scheduled regarding Amended Tentative Map for Tract 4136. The Council set the hearing date of November 4, 1980. *80-726 From Secretary of Planning Board requesting that a hearing date of November 18, 1980, be scheduled regarding Tentative Map for Tract 4591. The Council set the hearing date of November 18, 1980. *80-727 From Burton Crowell, Project Coordinator, submitting status report on the Patton Way Project. Accepted. RESOLUTIONS *80-728 Resolution No. 9397 "Approving Final Map of subdivision known as Tract 4307 and accepting certain dedicated public streets, easements and rights of access (Dividend Development Corporation - Subdivider)." Adopted. *80-729 Resolution No. 9398 "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision Tract 4307 and approving bonds as to sufficiency (Harbor Bay Isle, Village I North)." Adopted. *80-730 Resolution No. 9399 "Amending salary and position Resolution No. 9162 relative to certain Federally funded positions (Housing and Community Development Act Funds)." Adopted. *80-731 Resolution No. 9400 "Adopting Specifications and Plans for the construction of Alameda Shoreline Park, calling for bids and directing City Clerk to advertise same." Adopted. FINAL PASSAGE OF ORDINANCES *80-732 Ordinance No. 2022, New Series "Amending 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." Finally adopted. *80-733 Ordinance No. 2023, New Series "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 vehicles." Finally adopted. October 28, 1980 *80-734 Ordinance No. 2024, New Series "Amending the Alameda Municipal Code by adding Section 5-212 thereto relating to sidewalk maintenance." Finally adopted. *80-735 Ordinance N0, 2025, New Series "Amending and repealing certain sections of Chapter 1 of Title XI of the Alameda Municipal Code relating to a Design Review Procedure." Finally adopted. *80-736 Ordinance No. 2026, New Series "Authorizing conveyance by Quitclaim Deed of a 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).n Finally adopted. BILLS *80-737 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $137,482.09. Councilman Tillman made a motion, seconded by Councilman Sherratt, that the Council consider the resolution regarding design of Holly and Oleander park site at this time; the motion carried by unanimous voice vote - 5. RESOLUTIONS *80-738 Resolution No. "Authorizing execution of landscape architectural services with Theodore Osmundson & Associates for development of a design concept for the Holly and Oleander Park site." Ina Ratto, 1053 Island Drive, spoke in opposition to development of the park and stated she felt it should be retained as a land bank for the future; inquired whether the Planned Development (PD) would be amended. , Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be held over to the November 4, 1980, meeting and directed staff to provide information as to whether it would be necessary to amend the Planned Development; the motion carried by unanimous voice vote - 5. WRITTEN COMMUNICATIONS 80-739 From William Ezzy, 315 Balboa Court, regarding "hydrogen sulphide" gas and the bird sanctuary in the area of Broadway and Shoreline Drive. President Corica stated this had been an ongoing problem and recommended that markers be placed to designate the boundaries of the bird sanctuary as marshes have a tendency to expand. Councilman Sherratt made a motion, seconded by Councilman Din0ent, that the City request East Bay Regional Park District to designate the boundaries of the bird sanctuary with appropriate markers; the motion carried by unanimous voice vote - 5. The following persons expressed their concerns regarding the "hydrogen sulphide" gas and the resulting odor and effects on the neighborhood: Dr, Nicholas Toth, 2604 Bayview Drive Art Kirshner, 201 Broadway, #303 Bee Raptis, 305 Balboa Court October 28, 1980 After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, that staff be directed to schedule a meeting with East Bay Regional Park District, and other interested parties such as the Audubon Society, to find a solution to the problem; the motion carried by unanimous voice vote - 5. 80-740 From Harbor Bay Landing Merchants' Association, Temple Israel and Peter Pan Academies, regarding increasing problem of traffic/parking control in the Harbor Bay Landing Shopping Center. Councilman Tillman made a motion, seconded by Councilman Sherratt, that the Harbor Bay Landing Merchants' Association and other interested parties be requested to use courtesy parking notices as used in other areas of the City as the Council did not wish to authorize the issuance of citations by private parties; the motion carried by unanimous voice vote - 5. 80-741 From Mr. and Mrs. C. Leslie Mecum, 1436 Fernside Boulevard, regarding use of night lights at Lincoln Park ball field. The City Manager stated there had been no discussion of installing night lights at Lincoln Park either at the Recreation Commission level or the staff level. Councilman Stone made a motion, seconded by Councilman Sherratt, that the City Clerk be directed to notify Mr. and Mrs. Mecum of the City Manager's remarks that installation of night lights at Lincoln Park is not being considered; the motion carried by unanimous voice vote - 5. 80-742 From Frederick Summers, Catherine and Arthur Ray regarding reckless driving on Fernside Boulevard between Tilden Way and High Street. The City Manager stated that additional police officers, on motorcycles, will' be available for traffic enforcement soon as the City recently received a grant from the Office of Traffic Safety. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be accepted and noted it is expected the situation will improve with additional enforcement personnel; the motion carried by unanimous voice vote - 5. 80-743 From Marie Riordan, 899 Delmar Avenue, requesting consideration of leasing access way between 899 - 900 Delmar Avenue. The City Manager stated that Ms. Riordan currently owns the property in question, and the City holds a five-foot storm sewer easement. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be accepted and directed the City Manager to notify Ms. Riordan that she owns the property and the City only holds an easement for maintenance of the storm sewer; the motion carried by unanimous voice vote - 5. 80-744 From Russell Sisung, 221 Santa Clara Avenue, regarding liquor outlet in Safeway Store at Buena Vista and Concordia Streets. Judy Hightower, 737 Haight Avenue, spoke in opposition to the liquor outlet and stated she had noticed more commotion in the neighborhood after 10:00 p.m. since the liquor outlet opened. October 28, 1980 Councilman Diament noted area was zoned for the activity and recommended the Planning Board take a look at the situation as there were a large number of liquor establishments in the Webster Street area. President Corica stated he would be opposed to rezoning to force businesses out of operation in the area and requested the City Manager to have the area policed more carefully. After Council discussion, Councilman Stone made a motion, that the communication be accepted and referred to the Planning Board and directed that the Planning Board address the question of requiring Conditional Use Permits for liquor stores in the future; the motion carried by unanimous voice vote - 5. 80-745 From Joseph Sullivan, 3221 Liberty Avenue, requesting that the Council rescind the ordinance amending Sections 2-116 and 2-117 of the Municipal Code relating to procedures for conduct of Council meetings. Mr. Sullivan spoke in opposition to the ordinance relating to procedures for conduct of Council meetings. Darlene M. Banda, 919 Delmar Avenue, spoke in opposition to the use of speaker's slips at Council meetings. Councilman Diament made a motion, seconded by Councilman Sherratt, that the communication be accepted; the motion carried by unanimous voice vote - 5. HEARINGS 80-746 Hearing to consider proposed amendments to the Sign Ordinance. The Acting Planning Director stated the proposed amendments had been prepared after considerable study by the Sign Ordinance Committee and had been approved by the Committee and the Planning Board. President Corica explained the procedures to be used in the hearing. On the call for proponents, persons in favor of the proposed amendments, there were no speakers. On the call for opponents, Richard Roth, 1417 5th Street, spoke in opposition to the proposed amendments and stated he felt portions of the ordinance were not clear. President Corica declared the public portion of the hearing closed, Councilman Sherratt made a motion, seconded by Councilman Stone, that the proposed amendments be approved and the ordinance relating to the sign ordinance be considered out of sequence at this time; the motion carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 80-747 Ordinance No. , New Series "Amending the Alameda Municipal Code by adding to and amending certain sections of Article 4B, Chapter 1 of Title XI thereof relating to regulationof outdoor advertising display signs." October 28, 1980 Councilman Diament made a motion, seconded by Councilman Sherratt, 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. REPORTS AND RECOMMENDATIONS 80-748 From Chairman of Mayor's Committee for the Handicapped regarding Board of Appeals decision relative to ramps. (Chestnut and Lafayette Streets) President Corica suggested that staff and members of the Council investigate the ramp to see if it can be negotiated by handicapped persons. Josephine Bixler, Chairman of Mayor's Committee for the Handicapped, stated she was concerned that the ramp was not safe and that the Board of Appeals did not abide by the Building Code. Lou Baca, Member of the Social Services Human Relations Board, stated he was also concerned regarding the action of the Board of Appeals. Councilman Sherratt made a motion, seconded by Councilman Diament, that the City Manager or City Attorney prepare a report as to the jurisdiction of the Board of Appeals; the motion carried by unanimous voice vote - 5. 80-749 From Chairman of Rent Review Advisory Committee submitting findings and recommendations relating to Del Coronado Apartments, 544 Central Avenue. President Corica stated that a recent communication had been received from the Vice President of the Inter-Coast Management Corporation indicating that the matter had recently been brought to his attention and that he wished to meet with the Rent Review Advisory Committee on November 3, 1980, and attempt to resolve the matter. Claire Redstone, 544 Central, spoke in opposition to referring the matter back to the Committee and requested the Council to take action on the issue. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, as follows: 1) That the matter be referred to the Rent Review Advisory Committee for consideration at the November 3, 1980, meeting and continued to the November 4, 1980, Council meeting for discussion if not resolved; and 2) Directed that a written communication be sent to the Vice President of Inter-Coast Management Corporation immediately informing him that if the matter is not resolved at the meeting with the Committee on November 3, the Council will consider it again at the November 4, 1980, Council meeting; the motion carried by unanimous voice vote - 5. 80-750 From Chairman of Recreation Commission recommending that the bleachers be installed and the field lights retained at Leydecker Park. Jay Garfinkle, 3105 La Campania, spoke in opposition to installation of bleachers at Leydecker Park. Len Peters, 1003 Tahiti Lane, stated he felt the issue of the lights had not been addressed by the Planning Board when the plan was originally approved and requested they research this issue. October 28, 1980 Councilman Sherratt stated he was on the Council when the plan was approved and was aware of the lights, bleachers, and other facilities, and he had voted for the plan and had not changed his mind. The following persons spoke in support of the recommendations of the Recreation Commission that the bleachers be installed and the field lights retained: Jeni Marr, 1639 Broadway Rich Kenny, 2712 Encinal Avenue Councilman Diament made a motion that the Planning Board be given an opportunity to review the matter and submit any recommendations they might have back to the Council inasmuch as they had requested the Planning staff to research proceedings when the matter was originally considered by the Board. Councilman Tillman requested an opinion from the City Attorney regarding jurisdiction in this matter. The City Attorney stated the City Council was the only body who had jurisdiction over the field lights. Councilman Tillman seconded the motion and offered an amendment to the motion, accepted by Councilman Diament, that the City Attorney's opinion be incorporated into the motion; the motion, as amended, carried by unanimous voice vote - 5 80 -751 From City Manager submitting Deloitte Haskins & Sells Report on Study of the Operations of the Auditor - Assessor and Treasurer -Tax Collector Depart- ments. Mike Baer, consultant for Deloitte Haskins & Sells, summarized the report and stated the study resulted in recommendations for improving the following: management and control procedures, planning and budgeting practices, cash management and investment programs, financial management information, and organizational effectiveness. He further stated that the effectiveness of the City would be improved if the Auditor - Assessor and Treasurer -Tax Collector Departments were coordinated and directed by a single manager. Ina Ratto, 1053 Island Drive, spoke regarding internal controls and the possibility of the Finance Director being under the direction of the City Treasurer. The City Manager stated his recommendation would be that staff prepare a Work Program based on this report and submit for Council consideration. Councilman Stone requested that the City Manager elaborate on a Debt Management Plan when the Work Program is submitted to Council. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted; the motion carried by unanimous voice vote - 5. 80 -752 From City Manager concerning the California Arts Council State -Local Partnership Program. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted and Mayor Corica directed to appoint a person to represent the City in the County -wide planning process; the motion carried by unanimous voice vote - 5. October 28, 1980 Councilman Stone suggested a bronze City seal as an art project if the City receives funds. 80-753 From Acting Planning Director submitting summary of findings of DKS Associates relating to the transit service to Tract 4500, Harbor Bay Isle. Councilman Diament made a motion, seconded by Councilman Sherratt, that the report be accepted and referred for consideration when the hearing on the Tentative Map for Tract 4500 is before the Council; the motion carried by unanimous voice vote - 5. 80-754 From President of Planning Board regarding affordable housing as part of the planning process. President Corica stated he would prefer that reference to a specific person to work with developers be changed so all local real estate brokers would have an opportunity to become involved. David Simmons, President of Planning Board, stated that developers could work with real estate broker of their choice, and Mr. Barni had been listed as he has been involved in current discussions. Councilman Sherratt made a motion, seconded by Councilman Diament, that Item No. 3 in the report be changed to delete reference to a specific realtor to "local real estate brokers will be working with developers to provide sites which could be submitted to HUD to determine suitability." The motion carried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted as amended in previous motion; the motion carried by unanimous voice vote - 5. RESOLUTIONS 80-755 Resolution No. 9401 "Endorsing the passage of California Parklands Bond Act of 1980 (Proposition 1 on November 4, 1980 Ballot)." Councilman Tillman 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. 80-756 Resolution No. 9402 "Authorizing execution of agreement for consultant services between City of Alameda and International Systems, Inc." 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. FINAL PASSAGE OR ORDINANCES 80-757 Ordinance No. 2027, New Series "Authorizing execution of lease of certain tide and submerged lands to L. Gifford Rogers and Doreen G. Rogers (Fernside Boulevard)." Joseph Sullivan, 3221 Liberty Avenue, spoke in opposition to the lease. October 28, 1980 Councilman Diament made a motion, seconded by Councilman Sherratt, that the ordinance be finally adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: Councilman Stone - 1. Absent: None. UNFINISHED BUSINESS Councilman Sherratt made a motion, seconded by Councilman Diament, that adjournment be extended 15 minutes to 11:15 p.m.; the motion carried by unanimous voice vote - 5. 80 -758 President Corica noted that several persons had requested to speak regarding installation of a railing on the Bay Farm Island Bridge. Vera McCormick, 1196 Park Avenue, stated she was concerned about the safety of children using the Bay Farm Island Bridge and requested a protective railing be installed and the speed limit reduced. The following persons spoke in support of Ms. McCormick's requests: Dawna Watty, 332 Maitland Drive Lori Nolthenius, 920 Versailles Councilman Sherratt noted that current statistic counts are not adequate to qualify for funding of a railing on the Bay Farm Island Bridge and suggested an approach using future impacts when building is completed in Harbor Bay Isle, San Leandro Bay, and other proposed development be used. President Corica suggested that the City and School District put up some money and perhaps have a "community outreach" to raise the funding for the bridge railing. Councilman Sherratt recommended the City immediately send a letter to CALTRANS outlining the City Engineer's proposal for a temporary railing on the Bay Farm Island Bridge, and if approved by CALTRANS, go ahead and attempt to obtain funding. With the consent of Council, President Corica so ordered. FILING 80 -759 Agreement for consultant services with International Systems, Inc. Agreement relating to Tract 4307. Specifications for construction of Alameda Shoreline Park. Bureau of Electricity Financial and Operating Report for month ended July 31, 1980. ADJOURNMENT There being no further business to come before the meeting, the Council adjourned at 11:25 p.m., to assemble in regular session on Tuesday, November 4, 1980, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGL City Clerk October 28, 1980