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1979-06-19 Regular CC MinutesREGULAR MEETING i OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - -JUNE 19, 1979 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Vice Mayor Stone; Invocation delivered by Reverend Richard Neely, Pastor, Alameda Baptist Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica, (5). Absent: None. CONSENT CALENDAR: Councilman Sherratt moved adoption of the consent calendar, seconded by Councilman Diament, carried on unanimous roll call vote; except, Councilman Sherratt stated he voted "no" on the ordinance for passage concerning comosition of the Golf Commission. Those items so enacted are identified by an asterisk (*). MINUTES: Councilman Tillman requested the following sentence be added to Item 79-379 of the minutes of the regular meeting held June 5, 1979: "Recreation Director Mainland noted there was an agreement between the tennis professional and the Recreation Commission, not a contract approved by the City Council." Councilman Sherratt moved approval of the minutes of the special meeting concerning hearings on the Environmental Impact Report and Combined Land Use Plan held May 22, the special joint meeting with the Board of Education held May 29, and the regular meeting held June 5, as amended, seconded by Councilman Diament, carried on unanimous voice vote. RESOLUTIONS: 79-424 "Resolution No. 9096, A Resolution of the Council of the City of Alameda in Commendation of Ethel M. Ottosen on Her Retirement as City Clerk." Adopted by motion made by Councilman Sherratt, seconded by Councilman Diament, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. President Corica presented a framed, signed copy of the resolution to Mrs. Ottosen. WRITTEN COMMUNICATIONS: 79-425 From the Adult Crossing Guards, signed by Mrs. Alice White, requesting permission to address the Council regarding salaries. Mrs. White stated the Guards were concerned as they were not represented in any salary negotiations, and therefore were making their salary request directly to the Council. She said they were requesting a $.29 per hour raise for the fiscal year 1979-80. Councilman Tillman moved the request be referred to consideration of the 1979-80 budget, seconded by Councilman Sherratt, carried on unanimous voice vote. 79-426 From Mrs. Camille T. Galyk, urging passage of an ordinance to control cats. On suggestion from Councilman Diament, Councilman Sherratt moved the communication be referred to the Alameda Animal Rescue and Control for recommendations, and to the file, seconded by Councilman Diament, carried on unanimous voice vote. 79-427 From Bayview Estates Homeowners Association, signed by Mrs. William E. Leonard, President, objecting to construction of solid waste-fired electrical generating plant on "Mt. Trashmore." President Corica noted the final site selection prccess was not C00plet2. Councilman Sherratt moved the communication be received and referred to the file, with D copy to the Bureau of Electricity for review, seconded by Councilman Tillman, carried on unanimous voice vote. *79-428 The Council accepted a communication from Harbor Bay Isle Associates, signed by Mr. Oscar Barry, requesting consideration of the Final Map of Tract 3842 /LOtS 16 and 17, Block 3 of Tract 38I0l. ' 79-429 From Mr. Kenneth R. Conroy, proposing a ban on skateboard and roller skate riding in streets, and prohibition of smoking in launderettes. Ms. Cathy Clark, 1624 Alameda Avenue, requested information on the current ordinance controlling roller skate riding on the streets and 3idewalkS, The Citv Clerk noted the ordinance prohibited riding on sidewalks in business districts. City Mr. Bernard Ronnie, owner of a roller skate shop in Alameda, said he felt roller skating on the streets, in quiet neighborhoods, was safer than on the sidewalks and should be encouraged. He presented a petition urging the Council to consider amending the ordinance. He also suggested the Recreation and Parks Department consider a program to teach proper regulations and safety precautions to skaters. Ms. Clark suggested riders might wear reflective strips on their clothing to make the skaters more visible to motorists. Ms. Doris Johnson, 360 Magnolia Drive, urged the Council to pass an ordinance regarding riding in streets and bike lanes to encourage the use of 5kOteS, Ms. Alice White, of the Crossing Guards, stated she had observed dangerous behavior by a number of skaters, and urged tight controls over riding in the streets. Councilman Sherratt moved the Recreation Department be requested to consider a skating program and the issue be referred to the Traffic Engineer and the Traffic Advisory Committee for review and report, seconded by Councilman Stone, carried on unanimous voice Y0t8, Councilman Stone requested the various Departments to expedite their reviews of the issue. Councilman Tillman suggested the Council take no action on Mr, Conroy's comments regarding prohibition of smoking in launderettes. Mr. William Boyd, 1330 Pearl Street, suggested the skateboard rink in Alameda be converted for use by roller skaters. 79-430 From the Alameda Jaycees, signed by Mr. Harry Greer, regarding insurance for the Fun Fair. Mr. Greer presented the City with a check for $438.33, representing one half of the proceeds from the recent bike auction. Regarding insurance for the Fun Fair, Mr. Greer suggested several solutions, including a suggestion that the City pay the premium for the additional $500,000 required, or the requirement be removed. Councilman Diament moved the City pay the premium for the additional $500,000 of liability insurance, in the amount of S300.00, seconded by Councilman Stone with the stipulation that the City not be considered a sponsor of the activity, carried on unanimous voice vote. There was discussion concerning the status of the individual booths at the fair; whether they were covered by the Jaycees' policy. It was suggested the Jaycees verify booth coverage with their broker and inform the participants. Councilman Sherratt move a review of andreport on the total liability insurance program in the City be prepared by the City Manager's Office as a top priority item, seconded by Councilman Diament, carried on unanimous voice vote. 79-431 The Council set a hearing date of July 3, 1979, for an appeal from the Atlantic Richfield Company, from a decision of the Planning Board concerning Use Permit 79-7, limiting hours of operation of a convenience food market at 1260 Park Street. 79-432 From Mr. Terry Lufkin concerning joint processing of the Planned Development and the Tentative Map for 2900 Central Avenue. Ms. Rosemary Mueller, architect for the project, stated the developer desired to be allowed to process the Planned Development and the Tentative Map jointly because he felt it would save time and money. Ms. Joan Narahara, President of the Planning Baord, reported the Board had opposed joint processing because they had felt it was not in the dev eloper's best interests. Councilman Stone moved the decision of the Planning Board be upheld and the request for joint processing be denied, seconded by Councilman Diament. The motion failed on the following roll call vote: Ayes: Two. Noes: Councilmen Sherratt, Tillman and President Corica, (3). Absent: None. Councilman Sherratt moved the decision of the Planning Board be overturned and joint processing be allowed, seconded by Councilman Tillman, carried on the following roll call vote: Ayes: Three. Noes: Councilmen Diament and Stone, (2). Absent: None. HEARINGS: 79-433 In the Matter of the Renewal of a Use Permit for the Alouette Massage Studio. The Planning Director reported the ordinance did not p vide for further extensions of the Use Permit. It was the consensus of the Council that the hearing be held over to July 3, 1979, when the City Attorney would be present. Councilman Sherratt suggested the City Attorney meet with the representative for the Studio to discuss the issue before the hearing before the City Council. 79-434 Councilman Sherratt moved Reports and Recommendations, Item No. 13, be taken out of order, seconded by Councilman Diament, carried on unanimous voice vote. REPORTS AND RECOMMENDATIONS: 79-435 From the Recreation Commission regarding the schedule of fees for the Washington Park Tennis Courts. Mr. Howard Bronson, Mrs. Gertrude Woods, Mr. Arthur Roke, members of the Recreation Commission, and Recreation Director Mainland answered questions from the Council concerning the tennis program. They said the agreement with the tennis professional was an attempt to meet the Council guidelines that recreation programs be 3elf- SUppOrtiDg. It was felt by the Commission that this type of program would offer a high level of service for an economical price. The details of the agreement and the services to be offered by Perlstein Enterprises were discussed. Councilman Stone questioned the status of grants for the parks if a private enterprise was established as proposed. Mr. Mainland reported they had contacted the appropriate state authorities and had been assured the grants were not in jeopardy. Mr. Robert Viale, 2045 Shoreline Drive, stated he felt 1) the fees for the Washington Park courts were too high, 2) there were several alternatives for the instruction program other than hiring a tennis professional to manage the program; and 3) the Recreation Department was not properly managing the tennis program. He also objected to the requirement of a "pro shop" to be constructed at Washington Park. Mr, Dennis Bagwell, representing the Alameda Tennis Club, presented a petition protesting the fees for the use of the tennis courts at Washington Park. MS, Carolyn Morris, 339 Broadway, read a letter from Maurine Carey, 2051 Clinton Avenue, protesting the fees at Washington Park. Mr. Michael Hamm, 448-A Santa Clara Avenue, spoke in opposition to the fees at Washington Park and proposed a nominal yearly permit fee. Ms. Sally Rudloff, 1828 Clinton Avenue, spoke in opposition to contracting with the tennis professional for the program. Councilman Diament suggested the Recreation Commission be requested to reconsider the fees at the Washington Park tennis courts. With the concurrence of the Commission members present, a special meeting was set for the Commission for June 27, 1979, at 7:30 o'clock p.m., in the Council Chamber, following which the Commission would report to the Council at the next regular Council meeting of July 3, 1979. It was noted the fee schedule was set by the CommisSion, not the Council. Mr. Bagwell suggested notices be posted at the tennis courts when the Recreation Commission had items regarding tennis on their agenda, at the pools when swimming issues were to be considered, etc. 79-436 Councilman Sherratt moved Reports, Items Nos. 17 and 18, and Resolutions, Item No. 30, be taken out of order, with the balance of the items carried over to an adjourned regular meeting on June 26, seconded by Councilman Stone. The motion failed to carry on the following roll call vote: Ayes: Two. Noes: Councilmen Diament, Tillman, and President Corica, (3). Absent: None. 79-437 Continuance of hearing held May 22, 1979, in the Matter of the Environmental Impact Report prepared in connection with the Combined Land Use Plan; and continuance of the hearing held May 22, 1979, In the Matter of the Combined Land Use Plan. Mr, Fred Scullin, 1120 Chestnut Street, urged the Council to adopt the Plan as submitted by the Planning Board. Mr. Oscar Barry, representing Harbor Bay Isle Associates, stated they had three items they felt should be deleted: 1) page 61, relating to providing a mix of housing, to include low cost housing, for developments over 20 units; 2) on page 178, staging of the industrial area; and 3) reference to a street to be constructed parallel to Catalina Avenue. He said they felt the latter two could better be addressed by plan to be submitted by Harbor Bay Isle Associates at the time the area is developed. Ms. Ina Ratto, 1053 Island Drive, urged the Council to adopt the Plan as submitted by Planning Baord, except that she agreed with Mr. Barry's first objection. ~ Ms. Joan Narahara, President of the Planning Board, responded to Mr. Barry's comments. She said the section on page 61 was not meant to require low cost housing, but a mixture of various sizes and prices. She suggested the reference to low cost housing be amended for clarity. Mr. John Barni, 1277 Bay Street, said he felt the entire section refering to low cost housing, as discussed by Mr. Barry, should be stricken from the document. Ms. Rosalie McPherson, 1128 Mariana Lane, questioned Harbor Bay Isle Associates' plans to be submitted relating to improvement of the commercial area. Mr. James B. Davis, attorney for HBI Associates, said this plan would be submitted with the maps for Village 5, The President declared the public portion of the hearings closed. Councilman Sherratt moved the issue be placed on the agenda of July 3 for Council discussion and action, seconded by Councilman Stone, carried on unanimous voice vote. REPORTS AND RECOMMENDATIONS: 79-438 From the Historical Advisory Commission, signed by the Chairman, recommending an ordinance to provide a procedure for reviewing older buildings scheduled to be demolished, and from the Planning Board in support. Mr, Robert Nicol, Chairman of the HAC, explained their recommendation. President Corica stated he was opposed to the 120-day delay provided in the proposed ordinance. Councilman Diament said she agreed 120 days was too long, and suggested a limit of 30 days. Councilmen Stone and Tillman agreed with President Corica and Counctlman Diament's suggestion, Mr. Gary Knecht, 2904 Lincoln Avenue, stated he supported the proposed ordinance. He said it was important to have enough time to attempt to find an alternative to demolishing a building 50 years old or older, and he felt 120 days was reasonable. Mr. Russ Sisung, a member of the HAC, spoke in support of the proposed ordinance as recommended. Mr. George Carter, 1515 Versailles, said he felt a review period of 30 days was sufficient. Councilman Diament moved an ordinance be prepared with a 30-day review period only, seconded by Councilman Sherratt,carried on unanimous voice vote. It was noted Councilman Sherratt left the meeting at this time. 79-439 From the Social Service Human Relations Board, signed by the President, concerning a proposed Cultural Festival. Councilman Stone moved $250 be appropriated from the Contingency Fund and set aside for the purpose, seconded by Councilman Diament, carried on unanimous voice vote of the members present. 79-440 From the City Manager regarding the Parking Implementation Study. Councilman Diament moved acceptance of the study prepared by Dr. Jackson Faustman, consultant, and approval of the City Manager's recommendations, seconded by Councilman Stone, carried on unanimous voice vote of the members present. Mr. Mel Leach, 1401 Webster Street, suggested revenues from parking meters on and near Webster Street be used to develop improved parking facilities in the Webster Street area. 79-441 The report from the Planning Board submitting a recommendation on Parcel Map 2607 and the related resolutions were held over to the meeting of July 3. 79-442 From the City Manager, recommending award of contract for construction of the solid waste disposal site perimeter protection device. Councilman Diament moved acceptance of the report and award of the contract to James L. Ferry and Sons, Inc., seconded by Councilman Stone, carried on unanimous voice vote of the members present. /79-443 From the Planning Board, signed by the Secretary, recommending approval of the entire Tentative Map for Tract 4136. Mr. Mark Helwig, 1104 Lincoln Avenue, Vice Commodore of the Aeolian Yacht Club, stated they wanted the area designated Phase II on the Tentative Map to be delayed until the alignment of the Fernside Extension was definite and they were assured of receiving an equal amount of land for their parking lot as they were losing to the extension. Otherwise, they agreed with the new alignment. ^-' The City Engineer stated he felt the plans for the extension could be sufficiently confirmed within two to three months. Following discussion with Mr. Calvin Jones, of Jones Till50n Co., and Mr. Oscar Barry, representing Dividen Development, Councilman Stone moved approval of the Tentative Map for Tract 4136, adopting the conditions and findings as listed in the report from the Planning Board dated May 14, 1979, and the resolution be taken out of order, seconded by Councilman Diament, carried on unanimous voice vote of the members present. RESOLUTIONS: 79-444 "Resolution No. 0097, Approving Tentative Map for Tract 4136, A Division of Property to the South of the Fernside Boulevard/Washington Street Intersection, Finding Said Tentative Map Consistent with the City's General Plan and Determining that Discharge of Waste Into Sewer System Will Not Violate Regional Water OUDlitv C0ntrDl Regulations." Adopted by motion made by Councilman Diament, seconded by Councilman Stone, carried on the following roll call vote: Ayes: Four. Noes: None. Absent: Councilman Sherratt, (1). REPORTS AND RECOMMENDATIONS: *79-445 The Council approved the report from the City Manager, recommending approval Of the Final Map for Tract 3842 (Harbor Bay Isle Associates, Subdivider). *79-446 The Council approved the report from the City Manager recommending award of contract to the Alameda Times Star for legal advertising for fiscal year 1979-80, *79-447 The Council approved the report from the City Manager recommending award of contract to BEPCO, Inc,, low bidder, for the project of Minor Street Patching with Asphalt Concrete for fiscal year ending June 30, 1980' *79-448 The Council approved the report from the City Manager recommending award of contract to BEPCO, Inc., low bidder, for the project of Installation of House Laterals and other work connected therewith for the fiscal year ending June 30, 1980, *79-449 The Council approved the report from the City Manager recommending award of contract to Ransome Company, low bidder, for the project of Repair of Portland Cement Concrete Sidewalk and Driveway for the fiscal year ending June 30, 1980' 79-450 The report from the Assistant City Manager concerning insurance contracts for Worker's Compensation Excess Insurance was held over to the special meeting to be held June 26, 1979' *79-45I The Council approved the report from the City Manager requesting a time extension for completion of Washington Park, Area B, Phase III. COUNCIL REFERRALS: 79-452 Consideration of the Design Review Board. Councilman Diament moved the City Attorney be directed to prepare an ordinance to amend or repeal the existing ordinance, as necessary, to eliminate the Design Review Board. The motion was seconded by Councilman Tillman. The following persons spoke in favor of retention of the Design Review Board: Mr. Gerhard Degemann, President of the Board; Ms. Ina Ratto, 1053 Island Drive; Mr. Russ Sisung, a Member of the Board; Mr. Robert Wood, a Member of the Board; Ms. Janet Alcorn, 901 Paru Street; Mr. Gary Knacht, 2904 Lincoln Avenue, Ms. Joan Narahara, President of the Planning Board; Mr. David Simmons, a Member of the Planning Board; Mr. Robert Nicol, a Member of the Board; and Ms Rosalie McPherson, a Member of the Planning Board. Mr. Art Helwig, representing businessmen within the Bay Station area, stated they were in opposition to retention of the Board. Councilman Stone stated she was in favor of retention of the Board, or at least preservation of the design review process, perhaps through the Planning Board if necessary. She requested a report from staff on how other cities h ndled the design review process for developments. On a call for the question, the motion carried on the following roll call vote: Ayes: Three. Noes: Councilman Stone, (1). Absent: Councilman Sherratt, (1). 79-453 Consideration of appointment to the Housing Authority. President Corica noted Commissioner Palmer would continue to serve until the Authority had resolved the issue of lease or sale of a warehouse. 79-454 President Corica suggested the Clerk's office respond to applicants for positions on Boards and Commissions to nofity them whether or not they had been selected and that their application would remain on file for one year. 79-455 President Corica commented on plans for a new synagogue, which had not yet been acted on. He requested the Planning Director investigate. 79-456 Councilman Tillman moved resolutions be prepared for the July 3 meeting 1) naming the Animal Shelter the "Carmen Lasar Animal Shelter" and 2) the Housing Authority be requested to consider naming the Park-Otis Senior Citizens Housing complex "Diament House." The motion was seconded by Councilman Stone, who suggested the Senior Citizens' Center, if built, be named for Councilman Tillman, or if the Center was not built, the Park-Otis complex be named "Diament-Tillman House." On the question, Ms. Ina Ratto, 1053 Island Drive, stated she opposed naming buildings after persons in the community because there was no way to recognize all the people who had contributed to the welfare of the City. On a call for the question, the motion carried on unanimous voice vote of the members present. RESOLUTIONS: +79-457 "Resolution No. 9098, Amending Agreements for Professional Services Entered into Between the City and Biddle & Associates, Incorporated, by Designating Personnel Director as City's Representative." Adopted. *79-458 "Resolution No. 9099, Approving Final Map of Subdivision Known as Tract 3842, Authorizing Execution of Agreement for Construction of Public Improvements Therein, Approving Bonds as to Sufficiency and Accepting Certain Easements and Access Rights (Harbor Bay Isle Associates, Subdivider)." Adopted. *79-459 "Resolution No. 9I00, Authorizing Year-End Transfers on the Books of Account Of the City of Alameda." Adopted. *79-460 "Resolution No. 9101, Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expenses." Adopted. +79-461 "Resolution No. 9IO2, Ordering Vacation of Unused Power Easements Within Tract 3841,o Adopted. ORDINANCES FOR PASSAGE: *79-462 "Ordinance No. 1979, N.S., Amending the Alameda Municipal Code by Amending Sections 2-321, 2-322, and 2-323 Thereof Relating to Composition of the City Golf Commission." Passed. *79-463 "Ordinance No. 1980, N.S., Amending the Alameda Municipal Code ' Repealing Article 7 of Chapter 1 of Title XIII Thereof, Relating to Issuance of Windshield Stickers for Business Vehicles. Passed. BILLS: *79-464 The Council approved payment of an Itemized List of Claims, certified by the City Manager as correct, in the amount of $I24,438.03' ORAL COMMUNICATIONS: 79-465 Ms. Ina Ratto, 1053 Island Drive, requested Councilman Tillman express his feelings about the Design Review Board issue. Councilman Tillman stated he would express his opinion at the first reading of the ordinance at the meeting of July 3. 79-466 M3, Joan Narahara, President of the Planning Board, questioned submitsion of a plan by Harbor Bay Isle Associates and whether this would require further hearings On the Combined Land Use Plan. 79-467 Mr. Gerhard Degemann, Chairman of the Design Review Board, questioned the continuance of operations of the Board. The consensus of the Council was that the Board continue normal operations until the ordinance, if passed, became effective. 79-468 Mr. Russ Sisung, 221 Santa Clara Avenue, spoke in support of retention of the Design Review Board. FILING: *79-469 - Agreement with Harbor Bay Isle Associates re Tract 3842. - Financial and Operating Report, Bureau of Electricity, for 10 months ended April 30, 1979. There being no further business to come before the meeting, the Council adjourned at 2:15 o'clock a.m., to meet in regular session on July 3, 1979, at 7;30 o'clock p.m. Respectfully submitted, City Clerk * * * * * * * * * * SPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 26, 1979 Convened at 4:00 o'clock p.0. with President Corica presiding. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica, (5). Absent: None. Receipt of the Notice and Agenda of this Special Meeting had been acknowledged by the Councilmen and was on file. Purpose of the special session was for an executive session for a discussion of personnel (meet and confer \ matters and action thereon, if desired. 79-450 Councilman Sherratt moved the Council adjourn to executive session for a discussion of personnel (meet and confer) matters, seconded by Councilman Tillman, carried on unanimous voice vote. At the conclusion of discussion, it was determined no action would be taken at this time. ADJOURNMENT: There being no further business to come before the meeting, the Council adjourned at 6:05 o'clock p.m. Respectfully submitted, City Clerk