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1979-07-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - JULY 3, 1979 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Councilman Diament; Invocation delivered by Reverend Father William Marshall, Pastor, St. Albert's Catholic Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica, (5). Absent: None. MINUTES: Councilman Diament suggested the minutes of the regular meeting of June 19, 1979, be amended by adding the following sentence to the first paragraph of section 79-456: "Councilman Diament requested the issue of renaming the Park-Otis Center be referred to the Housing Authority." Councilman Diament moved approval of the minutes of June 19, as amended, and of the special joint meeting with the Public Utilities Board held June 7, 1979, seconded by Councilman Tillman, carried on unanimous voice vote. Note: The proceedings of City Council meetings are recorded on tape, which are on file in the Office of the City Clerk. CONSENT CALENDAR: Councilman Sherratt moved adoption of the consent calendar, seconded by Councilman Diament, carried on unanimous roll call vote. Those items so enacted are identified by an asterisk (*). WRITTEN COMMUNICATIONS: 79-457 From Mr. Gig A. Codiga, 1547 St. Charles Street, concerning street cleaning operations. President Corica noted this issue had been discussed at the special meeting held June 26, and suggested the communication be referred to the City Engineer for review. Councilman Sherratt moved President Corica's suggestion be implemented, seconded by Councilman Diament, carried on unanimous voice vote. Mr. Hackett, 1154 Verdemar, also expressed his concerns about this problem. 79-458 From Mr. Paul R. Ekstrom, 1826 Clinton Avenue, concerning nuisances created by pigeons. Mr. Ekstrom reiterated his concerns and requested assistance from the City. Councilman Tillman suggested Mr. Ekstrom contact Ms. Leora Feeney, a resident of Alameda and an active member of the Audobon Society, who might have a suggestion to solve the problem. Councilman Sherratt moved the President write a letter to the County, requesting further investigation and assistance if possible, regarding the health and safety conditions, seconded by Councilman Stone, carried on unanimous voice vote. 79-459 From Mr. Edward H. Clark, 1422 College Avenue, requesting benches be placed at the corner of Webster Street and Lincoln Avenue at the bus stop. President Corica noted new benches had already been placed on the corner, due in large part to the efforts of Councilman Tillman. Councilman Stone moved acceptance of the communication, seconded by Councilman Sherratt, carried on unanimous voice vote. 79-460 From Mr. Arthur D. Miller, 3221 Briggs Avenue, concerning riding of roller skates on sidewalks. Councilman Sherratt moved the communication be referred to the Traffic Advisory Committee and the Recreation Department for review, seconded by Councilman Tillman, carried on unanimous voice vote. 79-461 From Mr. Gregory A. Silva, 512 Westline Drive, complimenting the Council and the Golf Commission on the refurbishing of the Jack Clark Golf Course. Councilman Sherratt moved the communication be accepted and forwarded to the Golf Commission, seconded by Councilman Diament, carried on unanimous voice vote. 79-462 From Hansen, Murakami, Eshima, Inc. regarding the Design Review Board. It was noted this communication had been withdrawn by the author. 79-463 From Dividend Development Corporation, regarding the Design Review Board. Mr. Gerhard Degemann, Chairman of the Design Review Board, noted the Board had resolved this issue at its most recent meeting. Mr. Fred Scullin, 1120 Chestnut Street, objected to the wording of this item on the agenda. 79-464 From Honeywell Inc., regarding the Police Department Mechanical System Maintenance bids. The communication was referred to discussion of the report on the subject. 79-465 From Supervisor Fred Cooper, transmitting a letter from the Alameda County Planning Department regarding HCDA funds. Councilman Sherratt moved acceptance of the report, seconded by Councilman Diament, carried on unanimous voice vote. HEARINGS: 79-466 Continued from the meeting of June 19, In the Matter of a Renewal of the Use Permit for the Alouette Massage Studio. Mr. Charles Rothbaum, representing Mr. Van Horn, owner of the Alouette Massage Studio, questioned the interpretation of the ordinance by the Planning Director and the City Attorney. He asked what other recourse there might be, if there was no further administrative procedure. The City Attorney stated there was no further administrative recourse; that the Council had granted a one-year extension of the Use Permit, and there were no further extensions provided for in the ordinance. He also stated Mr. Van Horn could apply for an amendment to the zoning ordinance to exclude massage parlors from the controlling ordinance. 79-467 In the Matter of the Appeal filed by Atlantic Richfield Company from a decision of the Planning Board concerning Use Permit 79-7, limiting hours of operation of a convenience market at 1260 Park Street. The President explained the procedure to be followed in the hearing. Planning Director Patterson outlined the issue, explaining the Use Permit had been granted, and the appeal was to a condition of the Permit, limiting the hours of operation. City Attorney Stroud stated he had ruled that the convenience food market could operate 24 hours, since it was considered an accessory use to the service station, according to the information he had received from the Planning Department. Mr. Patterson stated it was an additional use and required a Use Permit. Mr. Stroud stated then if the use had been approved, there was no basis for imposing an hours of operation limitation. On a call for proponents, Mr. Ted Clausen, representing Atlantic Richfield Company, and Mr. Leo Walsh, the operator of the station in question, spoke requesting 24-hour operation of the convenience market be allowed. On a call for opponents, Mr. A. J. Scott, 2418 Marti Rae Court, Mr. Cecil McKinstry, 1232 Park Avenue, and Ms. Margaret Seaman, 2416 Marti Rae Court, spoke in opposition to the 24-hour operation of the market. The President declared the public portion of the hearing closed. Councilman Diament stated she was opposed to the 24-hour operation of the convenience market facility. Councilman Tillman agreed with Councilman Diament regarding limiting the hours of operation. On question from Councilman Sherratt, the City Attorney further explained his opinion that if the convenience market was considered a new business, then theoretically the hours could be restricted, but under the circumstances of previous operation for 24 hours of the service station and the situation in the neighborhood, he was not sure if there was justification for the limitation in this case. Councilman Stone stated she also agreed with limiting the hours of operation. Ms. Erika Winter, 1236 Park Avenue, urged the Council to limit the hours of operation of the market. Councilman Diament moved the appeal be denied, seconded by Councilman Stone, carried on the following voice vote: Ayes: Four. Noes: Councilman Sherratt, (1). Absent: None. REPORTS AND RECOMMENDATIONS: 79-468 From the Recreation Commission regarding the Washington Park Tennis Courts. Ms. Sally Rudloff, 1828 Clinton Avenue, stated she did not agree with the recommendations of the Recreation Commission regarding the fees. On question, Recreation Director Mainland reported the tennis professional would not agree to the new proposed fees schedule, but would continue with the lessons already scheduled. He also explained what would be done and the costs involved if there was no monitor or reservation service at the courts. Mr. Dennis Bagwell, 1619 Sherman Street, stated he was in favor of eliminating the fees at the Washington Park Courts, however, he did prefer to have a reservation system available. Ms. Gertrude Woods, a Member of the Recreation Commission, spoke to the issue of the cost for the monitor and the lights, noting these costs had not been covered in previous years. Ms. Carolyn Morris, 339 Broadway, suggested a yearly fee for tennis players be instituted, applicable to all courts in the City, to be paid in addition to any reservation fees. Councilman Sherratt moved the Council state it favored no fees for the tennis courts and the tennis lessons continue as scheduled through August 24, seconded by Councilman Diament. Councilman Tillman stated he objected to providing totally free courts since he felt the program should be self-supporting with user fees. On a call for the question, the motion carried on the following voice vote: Ayes: Four. Noes: Councilman Tillman, (1). Absent: None. Councilman Stone requested the Recreation Department and Commission continue to pursue methods to make the tennis program self-supporting. 79-469 The report from the Planning Board, signed by the Assistant Secretary, submitting a recommendation on Parcel Map 2607 (Tilden Way at Blanding Avenue) and the corresponding resolutions were held over to the Meeting of July 17. *79-470 The Council set a hearing date of July 17 to consider certification of the Final Environmental Impact Report for Alameda Marina Village. *79-471 The Council approved award of contract to American Building Maintenance Company for Janitorial Service in City Hall and the Police Administration Building for the fiscal year 1979-1980. *79-472 The Council approved the recommendations of the City Manager regarding the contracts for Emergency Veterinary Services, awarding them to Providence Veterinary Hospital 79-473 From the City Manager recommending award of contract to Honeywell Inc. for Mechanical System Maintenance for the Police Administration Building. Councilman Diament moved acceptance of the report and the contract be awarded to Honeywell, Inc., seconded by Councilman Sherratt. Mr. Ron Brierley, representing MCC Powers, apparent low bidder on the contract, protested the award of contract to Honeywell, stating that his firm should be awarded the contract since they had the lowest bid, and the irregularities in the bid were not, in their opinion, substantial enough to warrant them losing the contract. Mr. Peter Gallick, representing Honeywell, Inc., stated they felt they should be awarded the bid because the bid from MCC Powers was not in proper form and should therefore be disqualified. Mr. Dennis Stevens, Branch Manager for MCC Powers, also spoke on behalf of their position. Councilman Stone stated she felt that 51nce the bids Were presented in good faith and the questions were resolved sufficiently the lowest bidder, MCC Powers, should be awarded the bid. On a call for the question, the motion carried on the following roll call vote: Ayes: Three. Noes: Councilmen Stone and Tillman, (2). Absent: None. 79-474 From the City Manager regarding appointment of a Blue Ribbon Committee for Housing. Councilman Sherratt suggested the Housing Authority might be used as the Committee, instead of forming a whole new committee in the short time allowed. It was the consensus of the Council that each Council Member submit a list of names to the President, who would make nominations for a nine-member board at the meeting of July 17. COUNCIL REFERRALS: 79-475 Consideration of appointments to the following Boards: Planning Board: President Corica placed in nomination0e name of Michael G. Gorman, seconded by Councilman Sherratt, carried on unantous voice vote. President Corica placed in nomination the name of John G. Roveda, seconded by Councilman Sherratt, carried on unanimous voice vote. Civil Service Board: President Corica placed in nomination the name of Betty A. Williams, seconded by Councilman Sherratt, carried on unanimous voice vote. President Corica placed in nomination the name of Jacque Bodelle, for the unexpired term ending June 30, 1981, seconded by Councilman Tillman, carried on unanimous voice vote. Design Review Board: President Corica placed in nomination the name of Gerhard W. Degemann, seconded by Councilman Sherratt, carried on unanimous voice vote. Library Board: President Corica placed in nomination the name of Thomas H. State, seconded by Councilman Tillman, carried on unanimous voice vote. Public Utilities Board: President Corica placed in nomination the name of Charles E. Roberts, seconded by Councilman Stone, carried on unanimous voice vote. Social Service Human Relations Board: President Corica placed in nomination the name of Lolia Manibusan, seconded by Councilman Sherratt, carried on unanimous voice vote. President Corica placed in nomination the name of Brian McDonald, seconded by Councilman Tillman, carried on unanimous voice vote. Councilman Sherratt requested the appointment pending to the Housing Authority be placed on the agenda for the meeting of July 17. 79-476 President COriCa commented on the letter from the Lippert family offering to donate certain antique pieces of furniture from the Alameda Theatre to the City. Councilman Sherratt moved the topic be placed on the agenda of July 17, with a report from staff describing the antiques and their usefulness in City Hall. 79-477 Councilman Stone requested a status report on the Patton Way project. The City reported the Negative Declaration and the Environmental Impact Report were being reviewed, and certain additions needed to be made relating to the Alameda Marina Village project. Mr. Brian McDonald, 1446 Sherman Street, reported the additionof the new material, if it was not so substantial that it required new hearings, should require about six weeks. 79-478 Councilman Diament requested the City Manager to schedule his report regarding Cable TV for the near future. Mr. Goss stated he would set up a work session as soon as possible. RESOLUTIONS: 79-479 "Resolution No. 9105, Amending Comprehensive General Plan of the City of Alameda by Adopting Combined Land Use Plan Consisting of Land Use, Open Space and Circulation Elements Thereof, and Certifying the Environmental Impact Report for Said Plan." Councilman Sherratt moved the land in the U. 3, Naval & Marine Reserve Training Facility be designated for light industrial use, seconded by Councilman Diament, carried on the following voice vote: Ayes: FOur, Noes: Councilman Stone, (1). Absent: None. Councilman Sherratt moved page 61, Expanding Housing Opportunities, Paragraphs 1 and la be stricken, seconded by Councilman Stone, carried on unanimous voice vote. Councilman Sherratt moved page 70, Changes in the Zoning Ordinance, the word "Adopted" be changed to "Proposed" in paragraphs 1 and 2, seconded by Councilman Diament, carried on unanimous voice vnte. Following discussion concerning a policy statement to encourage east to west development in the light industrial area on Bay Farm Island in order to try to avoid truck traffic through the residential area by of City Line Road, Councilman Tillman moved page 178, paragraph le, the following sentence be added: "Traffic from the industrial area shoud be routed so that it does not go through residentially zoned areas.", seconded by Councilman Sherratt, carried on unanimous voice vote. Councilman Sherratt moved page I82-183, Eastern Extension of Catalina, the new paragraphs a, b, c, d be deleted and the prior paragraphs a, b, c, d be reinserted, seconded by Councilman Stone, carried on unanimous voice vote. Councilman Sherratt moved page 77, Car Pools and Alternative Transportation Systems, paragraph 5, add "Webster Street,' seconded by Councilman Diament, carried on unanimous voice vote. Councilman Tillman moved page 88, Circulation Recommendations, paragraph lc, delete the rest of the sentence after "Signing along Tilden and Broadway should be reviewed," seconded by Councilman Sherratt, carried on unanimous voice vote. Councilman Sherratt moved page 78, Motorized Vehicles, paragraph la, Change "3al2» to "use" and lb, change to "active police enforcement with illegal motorists', seconded by Councilman Diament, carried on unanimous voice vote, Councilman Stone suggested the Council consider adoption of an ordinance regarding control of motorcycles. Councilman Sherratt moved page 62, Expanding Housing Opportunities, paragraph 4, "occur in" be replaced by "not exceed," seconded by Councilman Stone, carried on unanimous voice vote. Councilman Stone moved page 58, Proposed Residential Land Use Categories, Special Single-Family, paragraph 4, »7,000 sq. feet" be changed to x5,000 Sq, feet," paragraph 2, x3,500 Sq, feet" to "2,500 sq. feet," and density references be deleted in both paragraphs, seconded by Councilman Sherratt, carried on the following voice vote: Ayes: Three. Noes: Councilman Tillman and President Corica, (2). Absent: None. Councilman Stone moved pages 101, 102, 103, footnote (1) relating to east end circulation, be placed in the EIR and removed from these pages, seconded by Sherratt, carried on unanimous voice vote. ' Councilman Sherratt moved adoption of the resolution, with the amendments to CLUP as approved above, seconded by Councilman Diament, carried On the following roll call vote: Ayes: Five. Noes: None. Absent: None. *79-480 "Resolution No. 0106, Rejecting Claim of Leslie Muhly Against City." Adopted. 79-481 "Resolution No. 9107, Authorizing Execution of Agreement with Nelson A. Streib in Connection with Finalizing Portions of the Energy and Historical Elements of the General Plan of the City of Alameda." Adopted by motion made by Councilman Sherratt, seconded by Councilman Diament, carried on the following roll call vote: Ayes: Five Noes: None. Absent: None. +79-482 "Resolution No. 9I08, Authorizing Execution of Agreement with Providence Veterinary Hospital for Emergency Treatment of Injured or Sick Animals Whose Owners are Unknown (After Normal Working Hours, Weekends and Holidays). Adopted. *79-483 "Resolution No. 9109, Authorizing Execution of Agreement with Providence Veterinary Hospital for Emergency Treatment of Injured or Sick Animals Whose Owners are Unknown (Normal Working Hours). Adopted. *79-484 "Resolution No. 9110, Adopting Specifications for Furnishing to the City of Alameda Coin Collection of On and Off Street Parking Meters Within the City, Calling for Bids and Directing City Clerk to Advertise Same." Adopted. INTRODUCTION OF ORDINANCES: 79-485 «Ordinance No. , N'3., Amending the Alameda Municipal Code by Amending Section 2-332 of Article 3, Chapter 3 of Title II Thereof Relating to Membership of the Alameda Historical Advisory Commission." Councilman Sherratt moved introduction of the ordinance with an amendment to the composition of the commission by removing the reference to a Planning Board Member and Substituting "contractor," seconded by Councilman Diament, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. 79-486 "Ordinance No. , N.S., An Ordinance Repealing Chapter 2 of Title XI of the Alameda Municipal Code Relating to Structural Design Review Regulations Within the City of Alameda." Ms. Janet Alcorn, 901 Paru, objected to the lateness of the hour shen this item was heard and suggested the Council hold a formal public hearing on the issue. She also spoke in favor of retaining an architectural review process. Ms. Joan Narahara, President of the Planning Board, questioned how the referrals to the DRB in other ordinances would be handled if the DRB were to be abolished; how would the design review process be handled; and what would happen to conditions placed on developments which require DRB approval. City Attorney Stroud said the technical matters of deleting references to the DRB in other ordinances would have to be considered after the ordinance to abolish the Board was passed. Mr. Fred Scullin spoke in favor of retention of the Design Review Board. Mr. Russ Sisung, 221 Santa Clara Avenue, urged the Council to establish a new process before or at the same time as the Design Review Board was abolished in order to preserve a continuity in the process. Mr. Gerhard Degemann, Chairman of the Design Review Board, urged retention of a design review process, if the Board was abolished. Ms. Josephine Bixler, 814 Haight Avenue, spoke in favor of retention of the Design Review Board. Mr. Robert Brewer, 2045 Buena Vista Avenue, stated he felt the protections to the community offered by continued design review should be retained. Mr. Gary Kneck, 2904 Lincoln Avenue, suggested the Council delay any further discussion to the next meeting. It was the consensus of the Council to continue. Mr. David Simmons, a Member of the City Planning Board, urged the Council to retain a design review process. Ms. Helen Freeman, 831 Laurel Street, spoke in favor of retnetion of the design review Process. Mr. Robert Wood, 3150 Phoenix Lane, a Member of the Planning Board, also spoke in favor of retention of a design review process. Councilman Tillman stated he felt the Design Review Board was an unnecessary layer of government and should be abolished. He also stated he felt the DRB staff could better be utilized on other planning matters. Councilman Diament moved introduction of the ordinance, seconded by Councilman Tillman. On the question, Councilman Sherratt suggested that a part of Councilman Diament's motion be to instruct the Planning Department to pursue Alternative 1 in the staff report of July 2. Councilman Diament declined to so amend her motion because she felt the two issues should be considered separately. Councilman Stone said she favored Alternative 1, which included an architectural review panel to consider appeals and advise the Planning Baord. Councilman Sherratt said he made his suggestion to continue to pursue Alternative 1 in order to avoid a time lag and maintain the process. Councilman Stone noted the Board needed direction regarding certain applications now pending. The City Attorney suggested, in response to a concern expressed by Mrs. Narahara, adding Section 3 to the proposed ordinance: "This ordinance would not apply to building permit applications for which Tentative Maps have been approved prior to the effective date of this ordinance." Councilman Diament amended her motion to introduce the ordinance, as amended by the suggestion of the City Attorney, seconded by Councilman Tillman. The motion carried on the following voice vote: Ayes: Three. Noes: Councilman Stone, (1). Abstaining: Councilman Sherratt, (1). Absent: None. Councilman Diament moved the design review process be retained, with the method to be decided by the Council, and the issue to be placed on the next agenda for discussion, seconded by Councilman Sherratt, carried on the following roll call vote: Ayes: Three. Noes: Councilman Tillman and President Corica, (2). Absent: None. ORDINANCES FOR PASSAGE: *79-487 "Ordinance No. 1981, N.S., An Ordinance Permitting the Prepayment of Dwelling Unit Tax and Providing for a Discount in the Event of Such Prepayment." Passed. BILLS: *79-488 The Council approved the List of Claims, certified by the City Manager as correct, in the amount of $110,617.42. ORAL COMMUNICATIONS: 79-489 Ms. Helen Freeman had questions about Ordinance No. 1981, N.S., to which the City Manager responded, explaining the reasons for adopting the ordinance. 79-490 Ms. Joan Narahara commented on the design review process, and was assured the public would be encouraged to offer more input on the issue. 79-491 Mr. Russ Sisung stated he felt the staff input on CLUP was not necessarily appropriate at this meeting. FILING: *79-492 Agreements with Providence Veterinary Hospital. Agreement with Nelson A. Streib re Elements of General Plan. Specifications MSP 7-79-1 - Coin Collection of On and Off Street Parking Meters. ADJOURNMENT: There being no further business to come before the meeting, the Council adjourned at 12:50 o'clock a.m. in respect to the memory of Dr. John Parker, Mr. Al Lake and Mr. Floyd Gorman, to assemble in regular session on Tuesday, July 17, 1979, at 7:30 o'clock p.m. Respectfully submitted " . A t, Acting City Clerk