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1979-05-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MAY 15, 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 Russell Palmer, Pastor of the First Christian 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. Those items so enacted, approved, or adopted are identified by an asterisk (*). MINUTES: 79-321 The Council approved as submitted the minutes of the regular meetings held April 17 and May 1, and the special meeting held May 7, 1979. Note: The proceedings of City Council meetings are taped in their entirety. Tapes are on file in the Office of the City Clerk. RESOLUTIONS: *79-322 "Resolution No. 9080, Appointing Member of the Social Service Human Relations Board. (Frank Molina)" Adopted. Upon request, the Deputy City Clerk administered the Oath of Office to Mr. Molina. *79-323 "Resolution No. 9081, Appointing Member of the City Planning Board. (James T. Kennedy)" Adopted. Upon request, the Deputy City Clerk administered the Oath of Office to Mr. Kennedy. *79-324 "Resolution No. 9082, Designating the Croll Building, 1400 Webster Street, as an Alameda Historical Monument." Adopted. President Corica presented a scroll to Mr. Ralph Croll, the former owner, and Mr. Donald Watson, the new owner, of the Croll Building. WRITTEN COMMUNICATIONS: 79-325 From the Conservation Committee, San Francisco Bay Chapter Sierra Club, regarding the Alameda Solid Waste Recycling and Power Plant. President Corica noted the site for the plant had not been selected; that any site selected would have to meet stringent requirements and an Environmental Impact Report would be prepared. Councilman Sherratt moved the communication be received and referred to the Bureau of Electricity and the file on the subject, seconded by Councilman Diament, carried on unanimous voice vote. 79-326 From Mr. Leon F. Corcos, 3125 Bayo Vista Avenue, suggesting uses for land at the City dump site and six-acre site owned by the U. S. Navy on Clement Avenue. Councilman Tillman moved the communication be referred to the Housing Authority, the Planning Board, the Bureau of Electricity, and the file on the subject, seconded by Councilman Diament, carried on unanimous voice vote. 79-327 From Ponderosa Homes (AE Realty Partners), requesting extension of time for one year to May 3, 1980, for Tract 3883, Crown Harbor. Councilman Sherratt moved approval of the request, seconded by Councilman Stone, carried on unanimous voice vote. 79-328 From Ponderosa Homes (AE Realty Partners) requesting extension of time for one year to May 17, 1980, for Tract 3904, Bay Isle Pointe; and from Harbor Bay Isle Associates submitting similar request for their portion of work. Councilman Tillman moved approval of the requests, seconded by Councilman Sherratt, carried on unanimous voice vote. 79-329 From Lieut. Joe J. Totorica, Alameda Police Department, requesting a review of traffic flow problems on Eighth Street between Central Avenue and Portola during peak traffic hours. Councilman Diament moved the communication be referred to the Traffic Advisory Committee for consideration, seconded by Councilman Sherratt, carried on unanimous voice vote. HEARINGS: 79-330 In the Matter of a Petition, filed by Terry Lufkin, et al, to rezone certain property located at 2900 Central Avenue, from the R-1, Single Family Residential District, to R-1-PD, Single Family Residential District with a Planned Development Overlay. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. President Corica stated the procedure to be followed in the hearing. Planning Director Patterson outlined the issue. On a call for proponents, those in favor of the zoning change, the applicant spoke briefly. On a call for opponents, Mr. Gary Abrahamson, 1339 Grove, spoke. The President declared the public portion of the meeting closed. In response to a question from Councilman Sherratt, Mr, Patterson stated the hearing applied only to the rezoning of the land; the design would still have to be approved. Ms. Rosemary Muller, architect for the project, answered questions from the Council regarding design of the project. She noted the houses would be a modified Spanish style. Following discussion, Councilman Sherratt moved the Council overturn the decision of the Planning Board and grant the rezoning, seconded by Councilman Stone. Councilman Stone suggested the motion be amended to limit the project to 22 to 24 units. The City Attorney stated this should not be a part of this action and would be handled at the Planning Board level. President Corica stated he felt the R-1 zoning was more in keeping with the surrounding neighborhood, and the rezoning should not be granted. On a call for the question, the motion carried on the following roll call vote: Ayes: Three. Noes: Councilman Diament and President Corica, (2). Absent: None. REPORTS AND RECOMMENDATIONS: 79-331 From the Ad Hoc Efficiency Evaluation Committee concerning the Fire Department. Mr. Charles Briscoe reviewed the highlights of the written report. Councilman Sherratt commended the Committee and the Fire Department for the fine report, and moved acceptance, seconded by Councilman Tillman, carried on unanimous voice vote. 79-332 From the Committee for the Handicapped, requesting a joint meeting. The joint meeting was set for 7:00 to 8:00 o'clock p.m., Tuesday, May 22, 1979, in the Council Chambers. 79-333 Continued from the meeting of April 17, 1979, from the Planning Board, submitting a recommendation on the Tentative Map for Tract 4136, property at Fernside Boulevard (extended) and Washington Street; Dividend Development Corp., applicant; and from the Board of Directors of the Aeolian Yacht Club. Planning Director Patterson reported on meetings held between the City, Dividend Development Corp. and the Yacht Club to try to work out an equitable solution to the problem. He noted several changes had been made in the report to the Planning Board; these changes were reflected in the report dated May 14, 1979, with one additional change in the last line of Item 4 which would read: "The value of the Phase 2 land is to be established without reference to the City's approval of the Tentative Map." He stated the Yacht Club and Dividend Development preferred alternative A; i.e., approval of Phase 1 of the Tentative Map if the line dividing Phase 2 from Phase 1 was moved to the west edge of the top of the ditch and then run in a generally westerly direction along the south edge of the Washington Court right-of-way to the cul-de-sac, then in an approximately due north direction to intersect Fernside Boulevard which would be moved approximately 60 feet northwesterly from its location as shown on the submitted tentative map. Mr. Edmund Bachman, representing Dividend Development Corp., requested the City the carrying costs for the 6 months' delay in developing Phase II. ~ The City Attorney stated the City had two options: 1) to purchase the land in Phase 2 at today's price, plus the carrying charges, 6 months hence; or 2) to purchase the land in 6 months at the later, and presumably higher, cost. Mr. Oscar Barry, IO2 Holly Oak Lane, of Harbor Bay Isle Associates, suggested it was in the City's best interest to purchase the land at today's market value, plus carrying charges, rather than wait until the land increased in value in the next six months. Ms. Rosalie McPherson, I128 Marianas Lane, a member of the Planning Board, had some questions about the cost of the lots in question, and the cost of relocating the Aeolian Yacht Club building, if necessary. She suggested the Council deny the Tentative Map until further information could be received. Mr. John Barni, Jr., 1277 Bay Street, representing Mr. Paul Wood, owner of a parcel of land on the west side of the Fernside extension, stated he believed approval of Phase 1 Of the Tentative Map would condemn Mr. Wood's land and place an undue hardship on that property. The City Attorney denied the accusation. Mr. Roy Hutton, representing the Aeolian Yacht Club, stated he had brought up many of the issues and problems surrounding this question as long as six months previously. Mr,GtOrge Carter, also of the Aeolian Yacht Club, urged the Council to make a decision at this meeting about purchasing the land from Dividend Development for the parking lot for the Yacht Club. Councilman Tillman moved the resolution be taken out of order, approval of Phase 1 Of the Tentative Map, continuance of Phase 2 to the next regular meeting of June 5, and approval of the City Engineer's report of May 14, except item 2, and the Planning Director's report of May 14, except item 4, which relate to holding Phase 2 in abeyance for 6 months. The motion was seconded by Councilman Sherratt and carried on the following roll call vote: Ayes: Four. Noes: Councilman Stone, (1). Absent: None. At the suggestion of the City Attorney, the resolution was held over for amendments to the next meeting. 79-334 From the City Manager concerning a contract for the Executive Golf Course StUd«, President Corica suggested the Golf Commission had the necessary expertise to perform the study themselves, and the City did not need to contract for the service. The City Manager stated he would review the study when completed and report to the Council. Councilman Sherratt moved acceptance of the report and the resolution be taken out of Order; the motion died for lack of a second. Councilman Diament moved acceptance of the report and the Golf Commission be requested to do the planning and designing of the proposed par-3 golf course, seconded by Councilman Tillman, carried on the following voice vote: Ayes: Four. Noes: Councilman Sherratt, (1). Absent: None. 79-335 From the City Manager, regarding Dog Licenses and Animal Shelter fees. Councilman Tillman recommended the following changes in the proposed fees: raising the license fee from $8 to $9 per year and, on suggestion of Carmen Lasar of Alameda Animal Rescue and Control, establishing a special fee of $4.50 for licenses purchased by Senior Citizens. Mrs. Lasar also had other suggestions which she presented to the Council, such as a spay and neuter deposit for dogs adopted from the Shelter; an ordinance to prohibit the sale or give-away of an animal at any public place, especially the flea market; and a control on the sale and possession of exotic animals. She presented a letter explaining her suggestions to the Council for their consideration. Councilman Sherratt moved acceptance of the report and the ordinance be taken out of order, seconded by Councilman Tillman, carried on unanimous voice vote. INTRODUCTION OF ORDINANCES: 79-336 "Ordinance No. , N.S., Amending the Alameda Municipal Code by Amending Certain Sections Relating to Fees for Licensing, Impoundment, Retrieval and Disposition of Animals Within the City." Councilman Diament moved introduction of the ordinance, as amended by Councilman Tillman's recommendations above, seconded by Councilman Sherratt, carried on the following roll call vote: Ayes: five. Noes: none. Absent: none. REPORTS AND RECOMMENDATIONS: 79-337 From the City Manager, recommending rejection of the sole bid for the Solid Waste Disposal Site Perimeter Levee Improvements and requesting permission to re-advertise for bids. City Manager Goss noted the new specifications had not yet been drawn up, and would be presented at the special meeting to be held May 22, and requested the order to re-advertise for bids be held over to that time. Councilman Diament moved rejection of the sole bid as recommended, seconded by Councilman Sherratt, carried on unanimous voice vote. RESOLUTIONS: *79-338 'Resolution No. 9083, Adopting Specifications, Special Provisions and Plans for Minor Street Patching with Asphalt Concrete; Repair of Portland Cement Concrete Sidewalk and Driveway; and Installation of House Laterals, for the Fiscal Year Ending June 30, 1980, Calling for Bids and Directing City Clerk to Advertise Same." Adopted. *79-339 "Resnilitiou iv), 9084, Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1979-1980." Adopted. ORDINANCES FOR PASSAGE: *79-340 "Ordinance No. 1973, N.S., Amending Fire Code Permit Fees as Established by City of Alameda Ordinance No. 1929, N.S. Passed. BILLS: *79-341 The Council approved payment of an Itemized List of Claims, certified by the City Manager as correct, in the amount of $101,434.08. ORAL COMMUNICATIONS, GENERAL: 79-342 Mr. Donald Watson, the new owner of the Croll Building, requested Council assistance with problems they were having in obtaining a parking variance. Planning Director Patterson said the issue would be placed on the June 4 Planning Board meeting. Councilman Sherratt moved all other items on the agenda be carried over to an adjourned regular meeting to be held May 22, 1979, at 8:00 o'clock p.m., seconded by Councilman Diament, carried on unanimous voice vote.. FILING: *79-343 Specifications PW 5-79-5 - Repair of Portland Cement Concrete Sidewalk and Driveway. - Specifications PW 5-79-6 - Installation of House Laterals. - Specifications PW 5-79-7 - Minor Street Patching with Asphalt Concrete. ADJOURNMENT: Councilman Diament moved the Council adjourn to an executive session for discussion of litigation, seconded by Councilman Sherratt, carried on unanimous voice vote. At the conclusion of discussion, it was determined no action would be taken at this time. There being no further business to come before the meeting, the Council adjourned in respect to the memory of Mr. Frederick Volking, a member of the Civil Service Commission, at 11:30 o'clock p.m., to assemble in adjourned regular session at 8:00 o'cloek p.m. on Tuesday, May 22, 1979. Respectfully submitted, Deputy City Clerk