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1979-01-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JANUARY 16, 1979 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Councilman Tillman; Invocation delivered by Reverend Larry Nelson, Pastor, Trinity Lutheran Church. ROLL CALL: Present: Councilmen Beckam, Diament, Sherratt, Tillman, and President Corica, (5). Absent: None. MINUTES: The minutes of the regular meeting held January 2, 1979, were approved as submitted. Note: The proceedings of City Council meetings are taped in their entirety. Tapes are on file in the Office of the City Clerk. CONSENT CALENDAR: Councilman Sherratt moved adoption of the consent calendar, seconded by Councilman Beckam, and carried on unanimous roll call vote. Those items so enacted, approved, or adopted are identified by an asterisk (*). WRITTEN COMMUNICATIONS: L- 79-27 From the Peralta Community College District suggesting consolidation of the District election with the City election. Councilman Diament moved State Legislators be contacted and requested to initiate legislation which would permit the City to consolidate with the Junior College District elections in future years, seconded by Councilman Beckam, carried on unanimous voice vote. 79-28 From Mr. Cheng Ben Wang, President, Encinal Terminals, appealing the Planning Board decision on the Patton Way Project Environmental Impact Report. The report from the Planning Board on their decision was also considered at this time. A hearing was set for February 6, 1979. 79-29 From Mr. Clement F. Burnap, 657 Tarryton Isle, concerning city-owned property at the end of Caroline Street, and submitting a claim for property damage. Following discussion, Councilman Sherratt moved the claim be rejected, the neighborhood of Caroline Street be polled as to resident concerns and suggestions for solutions, and a report be submitted to Council for the meeting of February 6 with a copy to Mr. Burnap; seconded by Councilman Diament, carried on unanimous voice vote. The City Engineer was also asked to provide an estimate of the cost Of installing a fence at the end of the street to prohibit access to the lagoon area. *79-30 The City Council received a letter from the Committee for the Handicapped, signed by the Chairperson, expressing their appreciation for the City Hall Oak Street entrance ramp construction. HEARINGS: 79-31 In the Matter of Application R-78-7 to reclassify from C-1 (Neighborhood Business District) to R-2 (Family Residential District) property located at 000 Central Avenue, Applicant: David L. Thompson, President Corica described the procedure to be used in both hearings before the Council this evening. Planning Director Patterson briefly outlined the i3SVe. On a call for proponents, the applicant spoke in favor of granting his application. On a call for opponents, there was no response. The President declared the hearing closed. Councilman Sherratt moved approval of the recommendations of the Planning Board and the ordinance be taken out of order, seconded by Councilman Tillman, carried on unanimous voice vote. INTRODUCTION OF ORDINANCES: 79-32 "Ordinance No. , N. S., An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S." (David L. Thompson -- R-78-7). Introduced by motion made by Councilman Beckam, seconded by Councilman Sherratt, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: NOne, HEARINGS: 79-33 In the Matter of Application R-78-3 to reclassify from R-1-PD (Single Family Residential District with a Planned Development overlay) to R-2-PD (Two Family Residential District with a Planned Development overlay) Lot 2, Tract 3773, and Lots 6, 7, 8, 10, 11, and 12, Tract 38I0 at Harbor Bay Isle. Applicant: Harbor Bay Isle As5OCfateS, Planning Director Patterson briefly outlined the issue. On a call for proponents, Mr. Oscar Barry, representing Harbor Bay Isle Associates, spoke in favor of granting the dpplicatiOn. On a call for opponents, there was no response. The President declared the hearing closed. Councilman Sherratt moved approval of the recommendations of the Planning Board and the ordinance be taken out of order, seconded by Councilman Beckam, carried on unanimous voice vote. 15E INTRODUCTION OF ORDINANCES: 79-34 "Ordinance No. , N. S., An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S." (Harbor Bay Isle Associates -- R-78-3). Introduced by motion made by Councilman Beckam, seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 79-35 From the Golf Commission regarding the use of acreage at Island Drive and Clubhouse Memorial Road. Mr. Ed Gingrich, President of the Golf Commission, described the Commissions' suggestion, i.e., construction of an executive-type golf course and a banquet hall on the property. There was discussion regarding hiring a golf course architect to design the new executive-type course. City Manager Goss suggested, if the Council was generally in favor of the proposal, that the Council give approval to retaining a golf course architect and the specific contract, scope of work, cost of contract, person proposed to be hired, and amount of initial funding be presented back to the Council. In addition, he said it might be well to get a financial consultant to work out a pay back scheme. Councilman Sherratt moved the City Manager's suggestion be adopted, seconded by Councilman Diament, carried on uannimous voice vote. Councilman Beckam remarked he would assume this would include repayment at the earliest possible date of the architect's fee. *79-36 The Council accepted a report from the Public Utilities Board, signed by the Secretary, regarding the additional transfer of funds to the General Fund of the City. *79-37 The Council approved the recommendations in a report from the Planning Board, regarding Parcel Map No. 2706, a division of Parcel Map 2332, at the northwest corner of Mariner Square Loop and Mariner Square Drive. 79-38 From the Assistant to the City Manager, regarding reporgramming Third Year HCDA funds for the rehabilitation of units at 1317 Pacific Avenue. Councilman Diament suggested the Housing Authority be asked to make the necessary repairs on the house, to be repaid from the rents collected. Councilman Beckam moved the City Manager be directed to work with the Housing Authority to implement Councilman Diament's suggestion, and that Third Year HCDA funds be considered as the source for payment to the Housing Authority for the repairs, seconded by Councilman Diament, carried on unanimous voice vote. *79-39 The Council accepted the recommendations of the Assistant City Manager in his report regarding the Emergency Medical Technician Apprenticeship Standards Program. 79-40 The Council held over consideration of the City Manager's recommendation on the Final Map for Tract No. 3841 - Central Area of Village III, to the meeting of February 6, 1979. *79-41 The Council accepted the City Manager's report regarding completion of the Washington Park Phase II project and ordered the Notice of Completion filed. 79-42 From the City Manager regarding signs for the Alameda Golf Courses and the Harbor Bay Isle Information Center. Councilman Beckam moved approval of the report, seconded by Councilman Sherratt, carried on unanimous voice vote. *79-43 The Council approved the City Manager's recommendation for the open market purchase for the Golf Course of a 7-unit Park Master mower, to be financed from the Equipment Replacement Fund. *79-44 The Council approved the City Manager's recommendation for award of the contract for Window Coverings for the Police Administration Building to Western Contract Furnishers. 79-45 From the City Attorney concerning Legal Service Contract with the Housing Authority. Councilman Sherratt moved the recommended changes be made to the Contract, seconded by Councilman Beckam, carried on unanimous voice vote. *79-46 The Council approved the City Manager's recommendation to accept the Final Map for Tract 3865 - Otis Drive and Rosewood Way. COUNCIL REFERRALS 79-47 The City Attorney recommended Resolution No. 9030 be amended on page 9, Section 10-4.1 by adding the words "but not less than seven." at the end of the first sentence. Councilman Beckam moved Resolution No. 9030 be amended as suggested by the City Attorney, seconded by Councilman Sherratt, carried on unanimous voice vote. Mr. Russ Sisung, 221 Santa Clara Avenue, stated he felt the Council should either remove the measure from the March ballot or allow those who wrote the arguments for or against the measure the opportunity to amend their argument. Councilman Diament moved the authors of arguments for or against Measure F on the March, 1979, ballot be allowed to amend their arguments, seconded by Councilman Tillman, carried on unanimous voice vote. 79-48 President Corica commented on the complaint of Mrs. Mary Cappa, 314 Brush Street, regarding flooding in the basement of her home. The City Engineer noted this problem had been considered on numerous occasions with no complete solution found. He suggested Mrs. Cappa might install a sump pump in her basement. Councilman Tillman noted the whole northside of the City was similarly susceptible to flooding during heavy raiOs. He suggested the establishment of a Public Works Commission to advise the Council on drainage and other problems throughout the City and to prioritize capital improvement projects. ' In response to a question from Councilman Diament, City Goss suggested the Association of Bay Area Governments be consulted to find out if any funding might be available to finance repairs and improvements to the existing sewer system. Councilman Tillman moved the City Manager be directed to provide a report on the formation of the proposed Public Works Commission and that he consult with ABAG concerning funding sources, seconded by Councilman Sherratt, carried on unanimous voice vote. 79-49 President Corica commented on a proposal to improve a parcel of land on Otis Drive at Oak Street, belonging to the West Lagoon Homeowners' Association. Following a discussion on the proposed plans and expected costs, Councilman Tillman moved the Council endorse the concept of the proposal, pending a complete report on the expenses involved and response from members of the Association, seconded by Councilman Diament, carried on unanimous voice vote. COUNCIL COMMUNICATIONS: 79-50 On suggestion from President Corica, Councilman BeCkdN moved the Council commend the recent actions of Officer Forest T. Taylor, with the commendation and report from the Chief of Police describing the action to be placed in his personnel file, seconded by Councilman Diament, carried on unanimous voice vote. RESOLUTIONS: *79-51 "Resolution No. 9033, Resolution of the Council of the City of Alameda in Commendation of Tom L. Houchins, Sheriff of Alameda County." Adopted. *79-52 "Resolution No. 9034, Approving Parcel Map No. 2705 for Division of Property at Northwest Corner of Mariner Square Drive and Marina Square Loop, Alameda, California, Permitting Recording Thereof and Finding Said Parcel Map Consistent with City's General Plan (Mariner Court Associates, a Limited Partnership - Subdivider)." Adopted. *79-53 "Resolution No. 9035, Approving City's Entry Into Emergency Medical Technician (EMT) Apprenticeship Standards Program and Accepting Non-Local Funds for Said Program." Adopted. *79-54 "Resolution No. 9036, Requesting State Legislature Take Steps to Prohibit Sale of Drug Paraphernalia." Adopted. *79-55 "Resolution No. 9037, Requesting the Allocation of One Cent of the Existing State Sales Tax to Cities and Counties." Adopted. *79-56 "Resolution No. 9038, Favoring Development of Encinal High School/Naval Air Station Fishing Access Site in Cooperation with Wildlife Conservation Board and Setting Forth Provisions for Funding." Adopted. 79-57 "Resolution No. 9039, Approving Final Map of Subdivision Known as Tract 3865, Authorizing Execution of Agreement for Construction of Public Improvements Therein, Approving Bonds as to Sufficiency, and Accepting Certain Public Streets and Easements (AE Realty Partners, Subdivider)." Adopted. 79-58 "Resolution No. 9040, Amending the Administrative Procedures for Processing Development Projects; Environmental Impact Reports (EIR); and Selecting Consultants to Prepare EIRs for the City." City Attorney Stroud suggested the resolution be amended by adding "or within six months of the filing of the final map for the project," to the end of Paragraph IX-C. Councilman Sherratt moved the resolution be adopted as amended, seconded by Councilman Beckam, carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 79-59 "Ordinance No. , 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." Councilman Beckam moved introduction of the ordinance, seconded by Councilman Tillman. On the question, the following spoke in favor of passage of the ordinance: Councilman Sherratt and Mr. Jim Hourigan, President of Isle City Sirs Branch 60. The following spoke in opposition to passage of the ordinance: President Corica, Mr. Ed Gingrich, Chairman of the Golf Commission; and Mr. Ted Holmes, 326 Magnolia Drive. 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. ORDINANCES FOR PASSAGE: *79-60 "Ordinance No. 1950, Amending the Alameda Municipal Code by Repealing Sections 16-511, 16-512, 16-517, 16-521, 16-522, 16-523, I6-524 and 16-525 Relating to Outdated or preempted Dangerous Weapon and Firearm Regulations." Passed. *79-61 "Ordinance No. 1951, Amending the Alameda Municipal Code by Repealing Sections 17-3I1 and I7-321 Relating to Outdated or Preempted Parking Regulations,? Passed. *79-62 "Ordinance No. 1952, Amending the Alameda Municipal Code by Adding Section 13-154'1 Thereto Prohibit Sales Activities During a Ten-DaY Processing Period of Interstate Commerce License Exemption Statements." Passed. BILLS: *79-63 The Council approved payment of an itemized List of Claims, certified by the City Manager as correct, in the total amount of $80,0I3.29. ORAL COMMUNICATIONS, GENERAL: 79-64 Mr, Fred Scullin, 1120 Chestnut Street, commented on the ordinance rezoning a section of the Harbor Bay Isle development, introduced by the Council under Item 79-34. FILING: Financial and Operating Report, Bureau of Electricity, for period ending August 31, 1978. Affidavit of City Manager and Chief of Police re Police Secret Fund. Agreement with AE Realty re Tract 3865. ADJOURNMENT: Councilman Diament moved the Council retire to executive session for a discussion of personnel matters, seconded by Councilman B2ckd0, 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 DdiUUrDed at 10:15 o'clock p.m. to meet in regular session on Tuesday, February 6, I979- at 7:30 o'clock p.m. Respectfully submitted,