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1979-04-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY APRIL 3, 1979 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Councilman Sherratt; Invocation delivered by Reverend Charles A. Nahnsen, Pastor, Immanuel Lutheran Church. ROLL CALL: Present: Councilmen Beckam, Dia0ent, Sherratt, Tillman, and President Corica, (5), Absent: None. MINUTES: The minutes of the Special Meeting held March 19 and the regular meeting held March 20, 1979, were approved as submitted. Councilman Beckam abstained from voting on the minutes of March 19 as he had been absent. Note: The proceedings of City Council meetings are taped in their entiretv. Tapes are on file in the Office of the City Clerk. ' CONSENT CALENDAR: CDUDCil0aD Beckam moved approval of the consent calendar, seconded by Councilman Sherratt, carried on unanimous roll call vote. Those items so enacted, approved, or adopted are identified by an asterisk (*), WRITTEN COMMUNICATIONS: 79-205 From the Board of Directors of Baywood Village requesting City Council action on revision to the current addressing system. Mr. Kent Hockabout, representing the Baywood Village Association, reiterated their concerns about the difficulty in receiving mail. Councilman Sherratt moved the communication be referred to the Chief Building Inspector for processing, seconded by Councilman Diament, carried on unanimous voice vote. 79-206 From Mr, Michael B. Ricketts, General Manager, Alameda-Oakland Tire, and Mr. Richard Mutch, Owner, The Wrenchhouse, concerning Use Permit UP-79-3, On suggestion of President Corica, Councilman Beckam moved the Use Permit application fee be refunded as requested, seconded by Councilman DidmeDt, carried on unanimous voice vote. 79-207 From the Board of Directors of the Aeolian Yacht Club regarding the Tentative Map for Tract 4136, Councilman Beckam moved the report and resolution on the subject be taken out of order and considered at this time, seconded by Councilman Tillman, carried On unanimous voice vote. Mr. Ray Hutton and Mr. George Carter, representing the Yacht Club, discussed the Club's concerns with the Tentative Map as presented by Dividend Development Corporation. They presented maps showing a possible alternative arrangement and suggested the Council hold over approval of the Tentative Map until attempts had been made to work with the developer for an arrangement they would find more suitable. Councilman Beckam moved the report and the resolution approving the Tentative Map be held over to the meeting of April 17, so Dividend Development Corp., the Yacht Club, the City Engineer's Office, and the Planning Department could meet and draw a map to satisfy the requirements of the Fernside.Extension project, the developer, and the club. The motion was seconded by Councilman Diament and carried on unanimous voice vote. Mrs. Amey Stone, 1623 High Street, suggested the Council take a position opposing retention of a drainage ditch which runs through the property in question. Councilman Beckam moved the staff work with the Bay Conservation and Development Commission and any other agency involved to have the ditch eliminated. Councilman Sherratt offered as a substitute motion that the Council go on record as being in concurrence with the Planning Board in their recommendation to have the health and safety hazard of the drainage ditch eliminated, seconded by Councilman Beckam, carried on unanimous voice vote. It was noted that a representative from BCDC would be requested to attend the meeting to work out a suitable Tentative Map and discuss the drainage ditch. 79-208 From 8 residents of the 1300 block of Pacific Avenue, concerning the City- owned property at 1317 Pacific Avenue. Mr. Ralph Lenheim, 1315 Pacific Avenue, representing the other residents, complained about the unsightly condition of the dwelling. He alleged there were various violations of the Building Code as well, and urged the Council to correct the matter quickly. It was noted steps were being taken to correct the situation. HEARINGS; 79-209 I,n the Matter of a proposed amendment to Section 11-14B9 of Zoning Ordinance 1277, N,S„ pertaining to off-site signs. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file.. President Corica outlined the procedure to be used in each of the three hearings before the Council this evening. City Attorney Stroud explained the issue involved in this hearing. On a call for proponents, there was no response. On a call for opponents, Mr, Chester Caldecott, an attorney representing Eller Advertising and Foster-Kleiser, billboard companies, spoke against passage of the ordinance, The President declared the public portion of the meeting closed. Councilman Diament moved the ordinance be taken out of order, seconded by Councilman Sherratt, carried on unanimous voice vote. INTRODUCTION OF ORDINANCES: 79-210 "Ordinance No. , N.S., An Ordinance Amending Section 11-14B9 of the Alameda Municipal Code and Declaring the Council's Priority for the Enforcement of Said Regulations." Introduced by motion made by Councilman Diament, seconded by Councilman Sherratt, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. HEARINGS: 79-211 In the Matter of Rezoning Petition R-79-1, filed by Donald J. Blue, to reclassify from R-4, Neighborhood Apartment District, to M-2-PD, General Industrial District with a Planned Development Overlay, certain property on Singleton Avenue east of Main Street. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. Planning Director Patterson outlined the issue. On a call for proponents or opponents, there was no response. The President declared the public portion of the hearing closed. Councilman Sherratt moved the ordinance be taken out of order, seconded by Councilman Tillman, carried on unanimous voice vote. INTRODUCTION OF ORDINANCES: 79-212 "Ordinance No. , N.S., An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No, 1277, New Series. Applicant: Donald Blue - R-79-1." Introduced by motion made by Councilman Diament, seconded by Councilman Sherratt, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. HEARINGS: 79-213 In the Matter of a Proposal, initiated by the Planning Board, to reclassify from R-5-PD, General Apartment District with a Planned Development Overlay, R-1-PD, Single-Family Residential District with a Planned Development Overlay, R-3-PD, Restricted Apartment District with a Planned Development Overlay, R-4-PD, Neighborhood Apartment District with a Planned Development Overlay, C-2, Central Business District, and R-6, Hotel Apartment District, to "0", Open Space District, at the shoreline land and water area from Westline Drive east to Broadway, out to the Pierhead- Bulkhead line. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. Planning Director Patterson outlined the issue. On a call for proponents or opponents, there was no response. The President declared the public portion of the Hearing closed. Councilman Tillman moved the ordinance be taken out of order, seconded by Sherratt, carried on unanimous voice vote. ~ INTRODUCTION OF ORDINANCES: 79-214 "Ordinance No. , N.S., An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series. (Applicant: City of Alameda Planning Board - R-79-2)." Introduced by made by Councilman Beckam, seconded by Councilman Sherratt, carried on the ' following roll call vote: Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: *79-215 The Council approved a report from the Auditor-Assessor, recommending refunds Of Personal Property Taxes erroneously paid and collected. 79-216 From the City Manager submitting a recommendation on award of contract for the development of Bay Farm Island Pdrk, Councilman Sherratt moved approval of the recommendations, and the contract be awarded to Valley Crest Landscape Inc., seconded by Councilman Diament, carried on unanimous voice vote. 79-217 From the City Manager regarding the Bay Farm Island Park Recreation Building and Library. Councilman Diament moved the vacant City-owned lands at Holly and Oleander and Westline Drive and 8th Street be removed from consideration for sale, seconded by Councilman 8eckam. The motion carried on the following roll call vote: Ayes: Three. Noes: Councilmen Sherratt and Tillman, (2). Absent: None. The following persons spoke in support of constructing a park on the Holly-Oleander site: Mr. R. W. Harrell, 3447 Hazel Lane; Mr. Malcolm Longaker, I120 Holly Street, representing the Garden Isle Homeowner's Association; Ms. Alfpeda Chilenski, 3404 Redh00k Lane; and Ms. Marion Soares. Ms. Ella Mae Waterbury, 338 Beach Road, spoke in opposition to a park at the Holly- Oleander S1t2, Councilman Sherratt moved the following recommendations of the City Manager be approved: 1) bids for construction of the Bay Farm Island Park Recreation Building be rejected; 2) the plans and specifications for the building be reviewed and changed in order to call for new bids at an early date; 3) the agreement for an architect to design the recreation building and branch library be placed on the April 17 agenda; and 4) the Recreation Commission and Library Board develop a presentation on alternative ways to provide services for the 1979-80 budget. The motion was seconded by Councilman Diament and carried on unanimous voice vote. *79-218 The Council set a hearing date of April 17, 1979, for Rezoning Petition R-79-5 to reclassify from R-1, Single-Family Residence District, R-1-PD, Single Family Residential District with a Planned Development Overlay, C-2-PD, Central District with a Planned Development Overlay, and C-M-PD, Commercial Manufacturing District with a Planned Development Overlay, to "0", Open Space District, that portion of the shoreline land and water area from Bay Farm Island Bridge east to City boundary, thence southwesterly along shoreline to south City boundary line including water area. 79-219 From the Planning Board, signed by the Secretary, submitting a recommendation on Tentative Map for Tract 4206 at 729 Central Avenue, John Anthony, applicant. Planning Director Patterson reported the Planning Board recommended denial of the Tentative Map. Mr. Anthony presented a revised Tentative Map, showing the emergency access had been increased to a 20-foot road, as requested by the Board. Mrs. Josephine Bixler, 814 Haight Avenue, suggested care be taken that adequate provision be made to allow for access to the development by the handicapped. Following discussion, Councilman Beckam moved approval of the amended Tentative Map, including conditions and findings enumerated in the staff report to the Planning Board dated March 1, 1979, seconded by Councilman Tillman, carried on unanimous voice vote. The City Attorney was instructed to prepare an implementing resolution for the April 17 meeting. 79-220 The report from the City Manager, concerning the Golf Commission proposal regarding development fo a par-3 Golf Course and banquet hall facility on Bay Farm Island was held over to the meeting of April 17. 79-221 From the City Manager concerning Euthanasia of Animals. Ms. Carmen Lasar, Alameda Animal Rescue and Control, spoke in support of the City using the injection method of euthanasia. Ms. Diane Malik, 725 Central Avenue, spoke in opposition to any kind of euthanasia. Councilman Sherratt moved approval of the recommendations, seconded by Councilman Beckam, carried on unanimous voice vote. 79-222 From the City Manager regarding the Encinal Industries, Inc. lease. Mrs. Rosalie McPherson, 1128 Marianas Lane, questioned the City Manager regarding certain aspects of the lease. 4{4 Councilman Beckam 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: 79-223 "Ordinance No. , N.5., Authorizing the Execution of a Lease of Certain Tide and Submerged Lands to Encinal Industries, Inc., a Corporation, Approving the Form and Terms of Said Lease, and Canceling a Certain Lease Between the City and Alaska Packers Association." Introduced by motion made by Councilman Beckam, seconded by Councilman Sherratt, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: *74-224 The Council approved a report of the City Manager concerning the Inter- Library Loan Rei0bUSe02Dt Program. *79-225 The Council approved a report from the City Manager regarding a change in the Library Overdues Transaction System. /*79-220 The Council approved the recommendations in a report from the City Manager regarding Palm Reading. *79-227 The Council accepted a report from the City Manager reporting completion of the Golf Course Realignment-City Line Road Project, and ordered the Notice of Completion filed. 79-228 From the City Attorney, regarding the status of Harbor Bay Isle Associates' covenant to guarantee no more than 3,200 units in the entire project. Mrs. Rosalie McPherson urged the Council to obtain a written agreement with Harbor Bay Isle Associates to guarantee a maximum of 3,200 units in the development. Councilman Beckam moved acceptance of the report, seconded by Councilman Dia0ent, Carried on unanimous voice vote. +79-229 The Council approved a report from the Assistant to the City Manager regarding the submission of an application to Metropolitan Transportation Commission for Second-Year Funds for the Elderly/Handicapped Taxi Program. *79-230 The Council approved a report from the City Manager concerning Washington Park, Area B, Phase III, approving an amendment to the contract with Valley Crest Landscape, Inc. 79-231 From the City Manager, transmitting a report regarding traffic conditions at the intersection of Mecartney Road and Island Drive. It was noted the Traffic Advisory Committee would discuss this issue the next day. The consensus of the Council was in favor of four-way stop signage. Councilman Sherratt moved acceptance of the report, seconded by Councilman Beckam, carried on unanimous voice vote. *79 -232 The Council approved the report of the City Manager recommending reduction in the Faithful Performance Bond for Tract 3922 - five lots on the south side of Otis Drive east of Westline Drive. COUNCIL REFERRALS: 79 -233 Discussion of SB 186 (Rodda) regarding allocation of State surplus for 1979 -80. City Manager Goss explained an amendment to the bill had been proposed which would require a public hearing for any proposed reductions in Police or Fire budgets for 1979 -80 in any city desiring to receive State surplus funds. Councilman Diament moved a telegram opposing this amendment be sent to Senator Petris, and other representatives of Alameda, seconded by Councilman Beckam, carried on unanimous voice vote. COUNCIL COMMUNICATIONS: 79 -234 President Corica referred to a letter recieved from HUD which stated the City's 1979 application for HCDA funds would have to relect plans for construction of 75 units of low and moderate income housing, and the City could apply for a 60 -day extension within which to submit their applicaiton. Councilman Sherratt moved the Council write a letter to HUD stating the Council did not see how the City could comply with the 75 -unit construction requirement due to the recent passage of Measure H in the City, which turned down plans to construct 50 units; and ask for the 60 -day extension to submit an application to allow time to explore other avenues, seconded by Councilman Beckam, carried on unanimous voice vote. 79 -235 Councilman Tillman questioned whether member-of the Housing Authority were paid S30 per month for attending meetings. Councilman Diament noted the Housing Authority was an independent agency; that members were not actually paid, however, the money was put into an expense fund and this was an option they had under state law. RESOLUTIONS: *79 -236 "Resolution No. 9069, Ordering Refund of Personal Property Taxes Erroneously Levied and Collected." Adopted. *79 -237 "Resolution No. 9070, Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Funds for Fiscal Year 1979 -80." Adopted. *79 -238 "Resolution No. 9071, Authorizing Execution of Amendment to PW 8 -78 -8 Agreement between City and Valley Crest Landscape, Inc., Relating to Construction of Washington Park, Phase III." Adopted. *79 -239 "Resolution No. 9072, Rejecting Claim of Earl John Rivard, Jr., Claudia N. Rivard and Earl John Rivard, III Against City." Adopted. *79 -240 "Resolution No. 9073, Authorizing Execution of Agreement with Industrial Employers and Distributors Association for Consultation Services Relating to Employer - Employee Relations." Adopted. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: *79 -241 "Ordinance No. , N.S., Amending the Alameda Municipal Code by Adding Section 17 -3724 Thereto Establishing a Two -Hour Parking Limitation in a Portion of Public Off- Street Parking Lot Site C." Introduced. 79 -242 "Ordinance No. , N.S., Amending the Alameda Municipal Code by Amending Section 13 -195.5 Relating to License Fees for the Business of Leasing or Providing Space for Advertising Signs or Structures." Introduced by motion made by Councilman Beckam, seconded by Councilman Diament, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. 79 -243 "Ordinance No. , N.S., Amending the Alameda Municipal Code by Amending Section 13 -195 Thereof Relating to License Fees for the Business of Outdoor Advertising." Introduced by motion made by Councilman Beckam, seconded by Councilman Diament, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. BILLS: *79 -244 The Council approved payment of an itemized List of Claims, certified by the City Manager as correct, in the total amount of $89,052.38. ORAL COMMUNICATIONS, GENERAL: 79 -245 Mrs. Joan Narahara, President of the City Planning Board, commented on the possible filling of a vacant Assistant Planner position. She recommended consideration be given to two employees who were currently sharing a full -time position. *FILING: Amendment to Agreement with Valley Crest Landscape, Inc., re Washington Park, Phase III. Agreement with Industrial Employers and Distributors Association re Consultation Services - Employer - Employee Relations. Lease between City and Engineer Industries, Inc. ADJOURNMENT: There being no further business to come before the meeting, the Council adjourned at 10:55 o'clock p.m., to assemble in regular session on Tuesday, April 17, 1979, at 7:30 o'clock p.m. Respectfully submitted, City Clerk