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1980-11-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 18, 1980 The meeting convened at 7:00 p.m., with President Corica presiding. The Pledge of Allegiance was led by Councilman Diament. The Invocation was given by Rev. A. J. Larsen, First Presbyterian Church. ROLL CALL Present: Councilmen Diament, Sherratt, Tillman, and President Corica 4. Absent: Councilman Stone {noted ill) - 1. MINUTES Councilman Sherratt made a motion, seconded by Councilman Diament, that the Minutes of the Special Council Meeting of October 28, 1980, be approved as submitted; the motion carried by unanimous voice vote - 4. With the consent of Council, Preisdent Corica directed that the Joint Meeting with the Mayor's Committee for the Handicapped be considered as the first item of business. SPECIAL ORDERS OF THE DAY 80 -780 Joint Meeting of the Council and the Mayor's Committee for the Handicapped. Josephine Bixler, Chairperson of the Committee, introduced other members present as follows: Willa Lindsey, Marie Courneen, Eddie Sommerauer, and Bob Nicol. Mrs. Bixler requested direction as to the policy and role of the Mayor's Committee for the Handicapped and stated the Committee sometimes does not know of an accessi- bility problem until after the fact, and it is often difficult to correct then. After Council and Committee discussion, with the consent of Council, President Corica indicated to the Committee that it is appropriate for them to directly submit recommendations or request information to City staff or City boards, but when recommendations are finalized or changes requested, these matters should be sub- mitted to Council for a policy decision. After discussion of the possibility of the Mayor's Committee for the Handicapped operating under an ordinance as Boards and Commissions do, with the consent of Council, President Corica directed staff to prepare an analysis as to whether it is preferable for the Committee to operate under an ordinance with specific rules, regulations, and guidelines or more feasible for the Committee to continue to operate as in the past. The City Manager stated that to the extent the Building Department is aware, they should address infractions of the code as it relates to accessibility for the handicapped and that he would emphasize that to the Building Department. Mrs. Bixler stated the Committee would finalize an Annual Report for submission to the Council. November 18, 1980 CONSENT CALENDAR President Corica noted that the report regarding the Patton Way Project and the two resolutions relating to Tract 4545 would be withdrawn from the Consent Calendar and would be considered later in the meeting. Councilman Diament made a motion, seconded by Councilman Sherratt, that the following remaining items on the Consent Calendar be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. Items 50 enacted, approved, or adopted, will be indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS +80-781 From Acting Planning Director requesting that a hearing be scheduled December 2, 1980, regarding Parcel Map for Tract 3302 at Santa Clara and Eighth Street. Approved hearing date. *80-782 From Director of Recreation and Parks recommending acceptance of work for construction of the Recreation/Library Building at Leydecker Park (PW 10-79-11\ and recordation of the Notice of Completion. Approved. *80-783 From City Engineer recommending acceptance of work for the North Catalina Avenue Sanitary Sewage Pumping Plant. Approved. +80-784 From City Engineer recommending extension of time to Harbor Bay Isle Associates to May 4, 1981, for completion of improvements in Tract 3634, Baywood Village. Approved. +80-785 From City Engineer recommending extension of time to December 31, 1981, be granted to Dividend Development Corporation for completion of improvements in Tract 4120, south of Bridgeway Road and west of Oyster Pond Road, and reduction of bond from $741,033 to $31,000. Approved. *80-786 From Purchasing Agent recommending approval to purchase a fire pump on the open market from Coast Apparatus dba Gruman Emergency Products, Inc,, for the total price of $9,256.48. Approved. RESOLUTIONS *80-787 Resolution No. 4411 "Amending personal services agreement between the City and J. Bruce Rupp relating to his services as City Manager." Adopted. *80-788 Resolution No. 9412 "Designating the number of and providing for the compensation of certain City employees not represented by a bargaining unit, C,E.T.A, administrative positions and City Council appointed positions." Adopted. +80-789 Resolution No. 9413 "Authorizing execution of architectural services agreement with Italo A. Calpestri III for design of the Grand Street Boat Ramp." Adopted. FILING *80-790 Personal services agreement with J. Bruce Rupp for services as City Manager. Architectural services agreement with Italo A. Calpestri III for design Grand Street Boat Ra0p, Agreement in connection with Tract 4545. November 18` 1980 BILLS 80-791 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $165,149.99. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 80-792 From Alameda County Mosquito Abatement District requesting the Council to appoint a trustee to the District for a two-year term from January 2, 1981, to January 2, 1983. Councilman Tillman made a motion, seconded by Councilman Sherratt, that a resolution be prepared to appoint Mark Hanna to serve as a trustee for a two-year term; the motion carried by unanimous voice vote - 4. 80-793 From Mrs. Edith Julian, #7 Garden Road, regarding the hours of operation and noise of street sweepers at the Harbor Bay Isle Shopping Center. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communi- cation be accepted; the motion carried by unanimous voice vote - 4. The City Manager stated he would contact Bedford Associates again regarding this matter. Joseph Sullivan, 3221 Liberty Avenue, complained about the noise made by garbage collectors during early morning hours. President Corica suggested City Manager contact Alameda Disposal Company regarding complaint of noise by garbage collectors. 80-794 From Pacific Shops, Inc., signed by Wayne Milani, expressing concerns regarding the use of Clement Avenue as a Truck Route. President Corica noted that the City Manager and the Traffic Advisory Committee had been investigating trucks and other matters relating to concerns expressed in the correspondence and a report would be forthcoming. Councilman Sherratt made a motion, seconded by Councilman Diament, to direct the City Manager to submit the report relating to truck routes for the Council meeting of December 2, 1980; the motion carried by unanimous voice vote - 4. 80-795 From City of Adelanto, signed by Mayor Foster, requesting the Council support a constitutional initiative to legalize Las Vegas-style gambling at two locations and allow off-track parimutuel wagering on horse racing at 500 locations. Councilman Tillman made a motion, seconded by Councilman Sherratt, that the com- munication be accepted; the motion carried by unanimous voice vote - 4. 80-796 From Jules Duc Construction Company, Inc., signed by Jules Duc, Jr., requesting an extension of time to complete improvements in Tract 4402 at Harbor Bay Isle. Councilman Diament made a motion, seconded by Councilman Tillman, that the com- munication be referred to the City Engineer for a report for the Council meeting of December 2, 1980; the motion carried by unanimous voice vote - 4. November 18, 1980 80-797 From Centennial Real Estate, signed by Linda Pritchard, regarding placement of signs to market real estate for resale on Bay Farm Island. Linda Pritchard, 3263 San Jose, stated that signs advertising homes for resale had been confiscated and requested information as to who has control of signs placed in the median strip. Linda Bauder stated she had also had real estate signs confiscated. Rosalie McPherson, 1128 Marinas Lane, also requested information as to who controls the median strip. After considerable Council discussion, with consent of Council, President Corica directed staff provide a report regarding legalities as to the following: 1) What controls were on the PD and CC & R's when they were adopted and whether they can be amended; 2) Who has control of the median strips and whether a person can negotiate to place signs there; and 4) How this problem relates to the sign ordinance. Ruby Morrissen, President of Board of Realtors, requested that the homeowners' association, community association, and the developer be requested not to confiscate signs until the report is finalized. Councilman Tillman made a motion, seconded by Councilman Sherratt, that the community association, homowners' association, and the developer be requested not to confiscate signs or levy fines until the staff report is finalized and Council makes a policy decision; the motion carried by unanimous voice vote - 4. Oscar Barry, Harbor Bay Isle Associates, stated they would cooperate and would not remove any signs until the Council has made a policy decision. HEARINGS 80-798 Hearing regarding amendments to the Combined Land Use Plan and the Noise Element of the General Plan relative to Tract 4500. The Acting Planning Director stated that the proposed noise element line would be approximately 500 feet south of its present location along Catalina Avenue. She summarized the exhibits and Planning Board resolutions attached to the report dated October 23, 1980, which details proposed changes to the Combined Land Use Plan as approved by the Board. Oscar Barry, Harbor Bay Isle Associates, requested the Council not to render a final decision until the Planning Board recommendation relating to zoning is considered. President Corica stated the matter should be heard, and the Council could decide as to whether to make the final decision. He also explained the procedures to be used in the hearing and called for proponents, persons in favor of the Planning Board recommendations. Dan Reidy, consultant for Harbor Bay Isle Associates, recommended that the Council approve the Planning Board recommendations with one exception. He recommended that the Council amend placement of the land use line to allow the lagoon to be placed between homes and the business park as a buffer as the Planning Board had indicated they would not approve homes being built right up to the demarkation line. November 18, 1980 Robert Wood, Planning Board Member, referred to the "Y" intersection at Magnolia Drive and stated it was intent of motion adopted by Planning Board that there be no additional connecting road,and the road intended to connect Silva Farms and Magnolia join to 0in dnd run along the northern boundary of Tract 4500 to City Line Road. The following persons spoke in support of the Planning Board recommendations: Joseph Sullivan, 3221 Liberty Avenue Dale Blake, 3185 Phoenix Lane Rosalie McPherson, 1128 Marianas Lane Paul Ducas, 1166 Island Drive On the call for opponents, there were no speakers. President Corica ordered the public portion of the hearing closed. Councilman Sherratt stated he was in agreement with the comments made by Wood regarding Magnolia Drive and offered a motion, seconded by �0UDcil0aD Tillman, that the recommendations of the Planning Board be approved and the resolution amending the Combined Land Use Plan amended as follows: Page 3 (2) (a), last sentence amended to read, "From the southeast end of the existing Silva Farms property, a street may be extended along the northern boundary of the HBI industrial area to connect" ; and that the two resolutions relating to Tract 4500 be considered out of sequence on the agenda. President Corica stated he had a problem with moving the noise element line as expansion of the Oakland Airport and whatever is developed will create additional noise. Upon call of the roll, the motion carried by the following roll call vote: AveS: Councilmen Diament, Sherratt, and Tillman - 3. Noes: President Corica - 1. ' AbS8Ot: Councilman Stone - 1. RESOLUTIONS 80-799 Resolution No. 9414 "Amending the Combined Land Use Plan of the General Plan of the City of Alameda relating to Tract 4500.x Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution be adopted as amended; the motion carried by the following roll call vote: Ave5: Councilmen Diament, Sherratt, and Tillman - 3. Noes: President Corica - 1. ' Ab3ent: Councilman Stone - 1. 80-800 Resolution No. 9415 "Amending the Noise Element of the General Plan of the City of Alameda relating to Tract 4500." Councilman Sherratt made a motion, seconded by Councilman Tillman, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, and Tillman - 3. Noes: President Corica - 1. Absent: Councilman Stone - 1. HEARINGS 80-801 Hearing regarding Tentative Map for Tract 4591, located at Packet Landing Road, Bridgeway Road and Sheffield Road/Kevington Place. November 18" 1980 The Acting Planning Director stated that the Planning Board had approved the Tentative Map for Tract 4591, a development of 204 dwelling units, subject to findings and conditions outlined in Planning Board Resolutions Nos. 1084 and 1095. President Corica explained the procedures to be used in the hearings, and upon the call for proponents in favor of the Planning Board recommendations, Jeff Slavin, Ponderosa Homes, spoke in favor of approval of the Tentative Map and offered to answer any questions. On the call for opponents in opposition to approval of the Tentative Map, the following persons spoke: Rosalie McPherson, 1728 Marinas Lane Joseph Sullivan, 3221 Liberty Avenue Councilman Sherratt made a motion, seconded by Councilman Tillman, that the Tentative Map be approved subject to the findings and conditions imposed by the Planning Board and the resolution considered out of sequence at this time; the motion carried by unanimous voice vote - 4. RESOLUTIONS 80-802 Resolution No. 9416, "Approving Tentative Map for Tract 4591, a condominium subdivision of property bounded by Shoreline Park, Packet Landing Road, Bridgeway Road and Sheffield Road/Kevington Place; finding said Amended Tentative Map consistent with the City's General Plan and determining that discharge of waste into sewer system will not violate regional water quality regulations (Ponderosa Homes)." - Councilman Diament made a motion, seconded by Councilman Sherratt, that the reso- lution be adopted; the motion carried by the following roll call vote: A«8S: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. REPORTS AND RECOMMENDATIONS 80-803 From Secretary of Planning Board regarding amendments to the Combined Land Use Plan and the Noise Element relating to Tract 4500. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted; the motion carried by unanimous voice vote - 4. 80-804 From Secretary of the Planning Board submitting the Negative Declaration for the Proposed Sixth Year Housing and Community Development Application. Councilman Diament made a motion, seconded by Councilman Tillman that the report be accepted and the Negative Declaration approved as submitted; the motion carried by unanimous voice vote - 4. 80-805 From Chairman of Golf Commission reaffirming position of the Commission that a viable Par-3 Golf Course cannot be built on the proposed site if any portion of the land is sold. November 18, 1980 Councilman Tillman made a motion, seconded by Councilman Diament, that the report be accepted; the motion carried by unanimous voice vote - 4. The City Manager stated he was in the process of putting together a recommendation for funding of the Par 3 Golf Course for Council consideration on December 2 or December 16. 80-806 From Assistant City Manager recommending that a CABLE TV Coordinating Committee be established. President Corica recommended that the Committee be expanded to include persons from the public sector, the business associations, and Chamber of Commerce in addition to the persons recommended in the report. After Council discussion, Councilman Tillman made a motion, seconded by Councilman Sherratt as follows: 1) That the report be accepted, the Assistant City Manager designated as staff technical liaison person, and the following members appointed to the CABLE TV Coordinating Committee: Mayor Corica, Councilman Sherratt, City Manager, City Attorney, and President of the Public Utilities Board; and 2) Directed the Committee to come back to Council with a report establishing guide- lines, addressing how public input will be obtained, and possibility of appointing persons from public sector to Committee; the motion carried by unanimous voice vote - 4. RESOLUTIONS 80-807 Resolution No. 9417 "Establishing rates and fees to be charged for play on Alameda Municipal Golf Courses." Harold Tebaidi, Member of the Golf Commission, summarized the proposed fee increases and noted that Alameda residents 62 years of age, or older, could purchase a monthly ticket for weekdays only for $25.00 per month. Councilman Tillman made a motion, seconded by Councilman Sherratt, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. UNFINISHED BUSINESS President Corica announced that items previously withdrawn from the Consent Calendar would be considered at this time. REPORTS AND RECOMMENDATIONS 80-808 From Burton Crowell submitting status report on the Patton Way Project. Russell Sisung, 221 Santa Clara Avenue, expressed his objection to proceeding with design of Patton Way without additional public input. The City Engineer stated additional input regarding design could be heard when the Draft EIR for Patton Way is considered. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted; the motion carried by unanimous voice vote - 4. November 18, 1980 RESOLUTIONS 80-809 Resolution No. 9418 "Approving Final Map of subdivision known as Tract 4545 (Driftwood Terrace - east of Willow Street and north of Otis Drive)." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 80-810 Resolution No. 9419 "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision Tract 4545 and approving bonds as to sufficiency (a condominium conversion - Driftwood Terrace - Ronald H. Cowan, Alan D. Mitchell and Melvin H. Schwartz, owners). Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. UNFINISHED BUSINESS 80-811 President Corica reported on meetings to date with CALTRANS regarding installation of a railing on the Bay Farm Island Bridge and stated CALTRANS had a proposal and were going to take a look at the City Engineer's proposal. He further stated that the City Engineer will meet with CALTRANS this Friday. Councilman Tillman requested the Council be informed of the outcome of the meeting. 80-812 Councilman Tillman stated he had received several complaints regarding dogs and that he wished to bring this to the City Manager's attention. 80-813 Councilman Tillman referred to a letter received about a year ago regarding AC Transit furnishing bus service along Buena Vista Avenue and suggested this be considered again. ADJOURNMENT 80-814 Councilman Sherratt made a motion, seconded by Councilman Diament, that the Council adjourn to an Executive Session for a discussion of litigation and personnel matters. At the conclusion of discussion, it was determined that no action would be taken at this time. There being no further business to come before the meeting, the Council adjourned at 11:30 p.m., to assemble in regular session Tuesday, December 2, 1980, at 7:30 o'clock p.m. Respectfully submitted DEEN SPEEGLE City Clerk November 18, 1980