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1978-11-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 7, 1978 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Councilman Tillman; Invocation delivered by Reverend Albert Larsen, Assistant Pastor, First Presbyterian Church. ROLL CALL: Present: Councilmen Beckam, Diament, Tillman, and President Corica, (4). Absent: Councilman Sherratt, (1). MINUTES: The minutes of the regular meeting held October 3, 1978, 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. President Corica announced that discussion of items on the agenda pertaining to the Design Review Board would be held over to the meeting of November 21. WRITTEN COMMUNICATIONS: 4. From Mr, and Mrs. David Thompson, 2270 San Jose Avenue, concerning traffic conditions at the intersection of San Jose Avenue and Oak Street. The communication was referred to the Traffic Advisory Committee. 2. From Ms. Kimberly Ann Clary, Alameda High School Ad-Board, requesting permission to contract with the Alameda Police Department for security services at dances and varsity football and basketball games. The Council directed the Assistant City Manager and the Police Department to work with the Ad Board on the details. 3. From Mr. Vernon L. Harvey, 1800 Alameda Avenue, concerning parking of commercial vehicles. The communication was referred to the Traffic Advisory Committee. 4. From the Northside Association, signed by the President, regarding (1) potential traffic problems in connection with the development of former Del Monte properties, and (2) the lack of protective fencing at Buena Vista Park. Mrs. Rosalie McPherson, Planning Board member, questioned the status of the EIR for the Patton Way project, to which the City Engineer responded. Councilman Tillman requested the City Manager to notify Mr. Hildebrand of the Northside Association when the Fifth Year Housing and Community Development funds were to be considered. Councilman Diament recommended the Recreation Commission reconsider building a fence at the park. 5. From Mr. Thomas L. Ferro, 1826 Clement Avenue, opposing re-routing of truck traffic from Buena Vista Avenue to Clement Avenue. The item was referred to discussion of the ordinance for passage cn the same subject. 6. From Mr. D. E. Appleton, 2029-D Otis Drive, regarding the Design Review Board. The communication was referred to the discussion of the subject on November 21. 7. From the Honorable Fred F. Cooper, Supervisor, Third District, concerning the proposed amendment to Section 18-311 of the Alameda Municipal Code regarding campaign signs. At Supervisor Cooper's request, consideration of passage of the ordinance was held over to the meeting to be held November 21, 1978. 8. From Davis, Craig & Young, Attorneys for Harbor Bay Isle Associates, regarding Village V negative declaration. In response to questions from President Corica and Councilman Tillman, the City Attorney explained there was no formal, written agreement limiting Harbor Bay Isle Associates to a maximum of 3,200 units. However, he noted this was a promise made by the developer in public and was a matter of record; that the City was capable of backing this up with the Planned Development and Zoning regulations. He noted further that all the data in the EIR was based on the 3,200-unit limit. Mrs. Leora Feeney, 1330 8th Street, urged the Council to not allow any expansion over the 3,200-unit limit. Mrs. Rosalie McPherson, Planning Board member, commented on the settlement agreement with Harbor Bay Isle Associates and suggested it thight not be possible to require the developer to adhere to the 3,200-unit limit, especially if the property in Village V was rezoned to R-2. Mr. Joseph Sullivan, 3221 Liberty Avenue, suggested the City require Harbor Bay Isle Associates to enter into agreements with any subdividers or purchasers of the land that the total units built notexceed the 3,200-unit limit. Councilman Tillman moved the Council policy be that no more than 3,200 units be built on the 915 acres of the Harbor Bay Isle development, seconded by Councilman Diament, and carried on unanimous voice vote of the members present. Planning Director Patterson, as Secretary to the Planning Board, requested direction from the Council as to the date to be set for the hearing on the Negative Declaration for Village V. He noted the attorneys for HBI had requested the hearing be set for November 20. Councilman Beckam moved the Planning Board be directed to proceed in time to meet the December 1 deadline, seconded by Councilman Tillman, and carried on unanimous voice vote of the members present. HEARINGS: 9. Held over from the meeting of October 17, 1978, in the Matter of the Proposal to amend Section 11-161(d)(3) of Zoning Ordinance No. 1277, New Series, regarding Administrative Variances. President Corica explained the hearing procedure and declared the hearing opened. The City Attorney read the Planning Board and Planning staff recommendations. Planning Director Patterson explained the positions of the Board and the staff. Mrs. Joan Narahara, President of the Planning Board, further explained the Board's position. Mr. Fred Scullen, 1120 Chestnut Street, urged the Council not to make any changes which would allow residents to have variances approved more easily. The President declared the public portion of the hearing closed. Councilman Beckam moved the ordinance be considered out of order, seconded by Councilman Tillman, and carried on unanimous voice vote of the members present. INTRODUCTION OF ORDINANCES: 10. "Ordinance No. , N.S., Amending the Alameda Municipal Code by Amending Subsections of Sections 11-161.5 and 11-162.5 Thereof Relating to Zoning Administrators Approval of Administrative Use Permits." Councilman Beckam moved introduction of the ordinance, seconded by Councilman Tillman. The motion failed to carry on the following roll call vote: Ayes: Two. Noes: Councilman Diament and President Corica, (2). Absent: Councilman Sherratt, (1). HEARINGS: 11. In the Matter of the Proposal to prohibit, by ordinance, the use of any and all vehicles whose maximum gross weight exceeds three tons on the following public street in the City of Alameda: (1) Park Street, for its entire length; (2) Tilden Way, for its entire length. Councilman Beckam moved the next hearing on the agenda, 'In the Matter of the Proposal to prohibit, by ordinance, the use of any and all vehicles whose maximum gross weight exceeds three tons on the following public streets in the City of Alameda; California Highway Route 260 and a portion of California Highway Route 61; and proposing an alternate truck route" be considered concurrently with this hearing, seconded by Councilman Diament, and carried on unanimous voice vote of the members present. President Corica explained the procedure to be followed and declared the hearings opened. The Clerk noted the Affidavits of Publication of the required Notices of Hearing were on file. City Engineer Hanna outlined the issue involved in these hearings. On a call for proponents, Dr. Robert Brewer, 2045 Buena Vista Avenue, spoke in favor of passage of the ordinances. On a call for opponents, the following spoke: Mr. Peter Wang, Encinal Terminals; Mr. Daniel Cummins, attorney for Encinal Terminals; Mr. John Martin, 341 Laguna Vista Avenue, President of PACECO; Mr. Robert Nicholson, 430C Cola Ballena, representing the Chamber of Commerce; Mr. Richard Pilliod, Plant Manager for Del Monte Corporation; Mr. Ralph Witt, owner of a trucking company and warehouse off of Buena Vista Avenue; and Mr. John Fontanot, J & L Trucking, Hayward. Councilman Beckam read into the record a letter from the City of Oakland City Manager which stated their staff recommendation to the Oakland City Council opposing an alternate route in Oakland to provide a truck ban on Route 61 in Alameda. The President declared the public portion of the hearings closed. At the conclusion of discussion, Councilman Beckam moved the ordinances be considered out of order; the motion failed for lack of a second. ORDINANCES FOR PASSAGE: 12. Councilman Beckam moved the following ordinance be taken out of order, seconded by Councilman Diament, and carried on unanimous voice vote of the members present. "Ordinance No. , N. S., Amending the Alameda Municipal Code by Amending Section 17-551 of Article 5, Chapter 5, of Title XVII Thereof, Relating to the Prohibited Use of Buena Vista Avenue Between Grand Street and Broadway by Any Vehicle Exceeding a Maximum Gross Weight of Three Tons." Councilman Beckam moved passage of the ordinance, the motion failed for lack of a second. Councilman Tillman questioned when Clement Avenue would be prepared for truck traffic. Councilman Diament suggested action on the ordinance be postponed until all the problems had been solved. Presidert Corica commented on the parking problems on Clement and Buena Vista Avenues. He suggested consideration of passage of the ordinance be held over until such time as repairs had been completed on Clement Avenue. Speaking in opposition to passage of the ordinance were: Attorney Cliff Lancaster, on behalf of Attorney Thomas L. Ferro, and others; Mr. Dan Cummins, on behalf of Encinal Terminals; Mr. Peter Eang, of Encinal Terminals, Mr. John Fontanot, of J & L Trucking, Hayward; and Mr. John Martin of PACECO. Dr. Robert Brewer, 2045 Buena Vista Avenue, spoke in favor of passage of the ordinance. Councilman Beckam noted the Council had previously agreed to proceed with the ordinance with the stipulation that it would not become effective until the streets had been posted; that the City Engineer had been directed not to post the streets until the work was done. Following discussion by the Council, Councilman Beckam moved the ordinance be tabled until the second Council meeting in January, 1979, seconded by Councilman Tillman, A ten-minute recess was called, at which time Councilman Beckam left the meeting. On the question, there was discussion on the possibility f tabling the ordinance until the City Engineer stated Clement Avenue had been suitably repaired. On ascall for the question, the motion failed to carry on the following roll call Vote: ' 5: None. Noes: Councilmen Diament, Tillman, and President Corica, (3). Absent: Councilmen Beckam and Sherratt, (2). Councilman Tillman moved the ordinance be tabled until such time as the City Engineer reported Clement Avenue had been suitably repaired and accepted for truck traffic; seconded by Diament, and carried on the following roll call vote: Ayes: Three. Noes: N0n2, Absent: Councilmen Beckam and Sherratt, (2). REPORTS AND RECOMMENDATIONS: °13. From the Assistant City Manager transmitting a request of the Social Service Human Relations Board for a joint meeting. Ms. Linda Pritchard, President of the Board, elaborated on the request. A joint meeting was tentatively set for Thursday, November 30, 1978. There was a discussion about responsibility for the Toys for Tots program, the Gift Certificate program, and the Christmas baskets program. Ms. Sue Mathieson, representing Xanthos House, offered to handle the Toys for Tots program; the Council accepted the offer. The City Manager reported he and the Assistant City Manager were working on plans to ensure the other programs would be taken care of. °I4. From the City Manager submitting recommendations on the Final Maps for Tracts Nos. 4024, 4025, and 4026 - Harbor Bay Isle Village One South west. Councilman Tillman moved approval of the report and the resolutions be taken out of order, seconded by Councilman Diament and carried on unanimous voice vote of the members present. RESOLUTIONS: - 15. "Resolution No. 8996, Approving Final Map of SUbdiViSiUVKDUwn as Tract 4024, Authorizing Execution of Agreement for Construction of Public Improvements Therein and Approving Bonds as to Sufficiency (Great American Homes, Alameda, Subdividers)." Adopted by made by Counc1lman Tillman, seconded by Councilman Diament, and carried on - the following roll call vote: Ayes: Three, Noes: None. Absent: Councilmen Beckam and Sherratt, (2). 18. "Resolution No. 8997, Approving Final Map of Subdivision Known as Tract 4025, Authorizing Execution of Agreement for Construction of Public Improvements Therein and Approving Bonds as to Sufficiency Great American Homes, Alameda, Subdividers)." Adopted by made by C Tillman, seconded by Councilman Diament, and Carried on - the following roll call vote: Ayes: ThreS, Noes: None. Absent: Councilmen Beckam and Sherratt, (2). 17. "Resolution No. 8998, Approving Final Map of Subdivision Known as Tract 4026, Authorizing Execution of Agreement for Construction of Public Improvements Therein and Approving Bonds as to Sufficiency (Great American Homes, Alameda, Subdividers) Adopted by motion made by Councilman Tillman, seconded by Councilman Diament, and carried by the following roll call vote: Ayes: Three. Noes: None. Absent: Councilmen Beckam and Sherratt, (2). The President declared the foregoing resolution adopted. ADJOURNMENT: 18. Councilman Diament moved adjournment to an adjourned regular meeting, to be held Tuesday, November 14, 1978, at 7:30 o'clock p.m., in accordance with Council policy, seconded by Councilman Tillman, and carried on unanimous voice vote of the members present. Respectfully submitted, City Clerk