1977-04-26 Special CC Minutest7
SPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY APRIL 26, 2977
The meeting convened at 5:30 o'clock p.m. in the Council Chamber of the City Hall with
President Corica presiding.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman and President Corica,
(5), were noted present. Absent: None.
1. Receipt of the Notice and Agenda of this Special Meeting had been acknowledged by the Council-
men and was or file. The purpose of this session was for consideration of (1) a distribution formula
for Proposition 2 funds and piority projects list; (2) a resolution approving the application for
1976 State Grant moneys for the Washington Park Phase III development project; and (3) position
in regard to the "Second Draft" ALUC policy plan, and action on the above items if desired.
UNFINISHED BUSINESS:
2. Consdieration cf distribution formula for Proposition 2 funds and priority projects list,
and report from City Manager submitting recommendation,
The City Manager briefly reviewed his report and recommendations.
Following a brief discussion, Councilman Beckam moved acceptance of the report and approval of the
recommendations that (1) the proposed distribution formula of the County be rejected; (2) a
project list be submitted to the state containing as the only project the amount necessary
($118,904) to match the federal land and water grant to finish Washington Park, Are B, and further
moved the resolution on the agenda be adopted. The motion was seconded by Councilman Sherratt
and cn voice vote carried unanimously.
RESOLUTIONS:
3. The following resolution was introduced by Councilman Beckam and moved its adoption;
"Resolution No. 8706
Approving the Application for 1976 State Grant Moneys Wafiin ton Park
Phase III Development Project.'
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following
roll call vote. Ayes: Five. Noes: None, Absent! None.
REPORTS:
4. Consideration of position in reparc to 'Second Draft" ALUC Policy Plan.
President Corica noted a number of communications had been received on the subject and the individual
members of the City Council had reviewed the draft. He asked the City Attorney what the City had
to gain by providing input to the craft.
Mr. Stroud replied that hopefully it would avoid future conflicts with ALUC of a type where it would
be necessary to go to an override. He referred to the letter dater April 8, 1977, from the
Commission transmitting the second draft and noted a public hearing had been set for April 20, with
another hearing set for another date in May which he would be unable to attend. Mr. Stroud commented
on the questions set out in the letter relating to (1) Noise Lines; (2) Noise Easerents, and
(3) Referrals to the Airport Land Use Commission. He said he would recommend the City go on record
as opposing the arbitrary setting of a CNEL line by the ALUD. and stated he thought that it would
be appropriate to urge the Commission to give the line adopted by the City Council a great deal
of consideration. The City Attorney referred to his written memoranda to the Council covering the
issues and answered the questions asked by members of the Council, Concerning the City's Noise
Element, mr. Stroud reported it made no pro+iision for noise easements as a criteria for land use.
He called attention to page 7, 1,1 of the Second Draft, under "Noise Policies", where it was stated
"noise easements are not recognized as a means of rendering land use compatible with aircraft noise."
He stated they were recognized in the State regulations and recommended this statement be deleted
from the draft.
Councilman Sherratt said he thought it would be wise for the Council to provide input on the
Second Draft before it was finalized, in order to avoid the possibility of having to po to an
override at a later date. He noted that in the SettlementAgreement entered into the Port of Oakland,
Harbor Bay Isle Associates, and the Reclamation District, a noise line had been set out. He said
it appeared tc him that apparently the Port was now willing to purchase a noise easement, which
was a part of the Agreement and it might very well he that the City at some future date would be
looking at development in the 65-70 CNEL area
President Corica questioned whether the City should become involved with the noise easement which,
he stated, was between the Port of Oakland/the developer.
Councilman Tillman statec he would propose the following based on the City's position and his
previously stated positions prior to becoming a member of the City Council. He said that during
his campaign and may years back when the initial acreage of Harbor Bay Isle was created. he had
made a statement that if there was a compromise he could accept it; also he had stated publicly
that any decision made with regard to Harbor Bay Isle the people of the community would have to
live with. He said at this time he saw the Council having three options, namely (I) proceed
with the original Settlement Agreement between Harbor Bay Isle, the Port of Oakland and the City;
(2) request an expedited sectional report of mainly the Bay Farm island area of the Land Use
and Circulation Element; and/or (3) approve Village V with the acreage deleted beyond the 70 dB
level with the provisio stating the total units excluded in the acreage and a statement by
Harbor Bay Isle to the future purchasers of the homes where the 65d8 is exceeded. He said it
was his belief some 800 units had been originally proposed in Village V and about 200 of
these units would be thus deleted. He stated he would like to see the Harbor Bay Isle development
completed and the City would still maintain control as development progressed. He noted any
decision would be based on a number of unknowns.
Councilman Diament questioned whether the issue under discussion involved Village V or a response
to the Second Draft Policy Plan for the ALUC.
President Corica stated he would strongly oppose giving approval to Village V before Villages I
and II were in. He recalled the developer had previously made statements to the City Council that
they would like to proceed one step at a time, and that the City could stop development at any
time it saw fit,
Councilman Sherratt stated it was his opinion Councilman Tillman's intent was to say this was a
usable land area with the noise easement. Councilman Tillman concurred, There followed a
discussion of the area encompassed by Village V as it related to the CNEL lines.
At the conclusion of discussion, the City Attorney was directed to respond to the ALUC on the
questions set out in its letter of April 8 relating to (1) Noise Lines and (3) Refers to the ALUC.
Councilman Beckam moved the City take the position that the ALUC should permit residential
development between the 65 and 70 CNEL's as long as construction techniques are utilized to
mitigate noise impact, without movino the 65 CNEL line as shown on the City's Noise Element,
after acquisition of such noise easement by the Port of Oakland and that this position be
transmitted to the ALUC. The motion was seconded by Councilman Sherratt.
President Corica stated he would vote against the motion because, in his estimation, the Coucil
was jumpting to conclusions and this would he the first step toward approval of Village V.
On the call for the question, the motion carried on the following roll call vote. Ayes: Three.
Noes: Councilman Diament and President Corica, (2). Absent: None,
ADJOURNMENT:
5. There being no further business to come before the meeting, the Council adjourned,
Respectfully subrdtted,
City Clerk