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1979-11-06 Regular CC MinutesREGULAR MEETING OF THE CUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - NOVEMBER 6, 1979 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance led by Councilman Sherratt. Invocation delivered by Rev. Cathy Bohman, Trinity Lutheran Church. ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5. Absent: None. CONSENT CALENDAR Councilman Sherratt made a motion, seconded by Councilman Diament that all of the items on the Consent Calendar be approved; the motion carried by unanimous voice vote - 5. Those items so enacted, adopted, or approved are indicated by an asterisk (*) MINUTES Councilman Sherratt made a motion, seconded by Councilman Tillman, that the Minutes of the regular Council meeting of October 2, 1979, be approved as submitted; the motion carried by unanimous voice vote - 5. 79-749 Councilman Sherratt made a motion, seconded by Councilman;Diament_that inasmuch as a resolution had been passed on the Consent Calendar appointing Howard E. Brownson to the Recreation Commission that the matter be taken out of order for administering the oath; the motion passed by unanimous voice vote - 5. RESOLUTIONS *79-750 Resolution No. 9176, "Appointing Member of the Recreation Commission." (Howard E. Brownson) Adopted. The Clerk administered the oath of office to Howard E. Brownson. upon- request, WRITTEN COMMUNICATIONS 79-751 From Joseph B. Oram, M.D., complaining about the dog leash law. Councilman Ti11rnn recommended that Anim1 ,Control-.0ffiCers continue_to-..enfdrce the City's dog leash law as it would be difficult to just take half measures. . Councilman Sherratt made a motion, seconded by Councilman Diament, that the communi- cation be accepted; the motion carried by unanimous voice vote - 5. 79-752 From Fernside-Marina Residents, signed by Mrs. Clarice Minot, 3022 Gibbons Drive, requesting that the Council take measures to regulate air traffic of small planes over the Fernside-Marina area. Mrs. Minot stated that there had been an increase of small plane traffic over the Fernside-Marina area, that noise levels are unacceptable, and that many planes are flying low. She expressed her concerns regarding safety for the residents. Mr, A. J. Scott, 2418 Marti Rae Court, stated that he was concerned about air traffic over the entire City. November 6, 1979 Councilman Sherratt noted that flight patterns are controlled by the Federal Aviation Administration (FAA). After Council discussion, President Corica obtained the consent of Council and directed the City Manager to send a letter to the Port of Oakland expressing concerns relative to air traffic. 79-753 From Alameda Chapel, 1001 Lincoln Avenue, signed by Joseph Willis, complaining about the $50 fee paid for a Public Assembly Fire Permit. Joseph Willis stated that he felt the fee should be reduced, especially for small churches. Councilman Diament requested that the department compare the fee charged to actual time and cost to the department. Linda Pritchard, 3263 College Avenue, suggested that the Council make some adjustment for congregations of less than 30. President Corica recommended the fees for Public Assembly Fire Permits be considered during next year's budget meetings. Councilman Sherratt made a motion, seconded by Councilman Stone, that the communica- tion be accepted; the motion carried by unanimous voice vote,- 5. President Corica stated that it had come to his attention that a permit for a room addition was originally quoted at $19.50, but due to a determination that it was in a different zone, the permit fee was increased to $75.00. He recommended that Council also consider those fees when budget is discussed. Russell Sisung, 221 Santa Clara Avenue, spoke regarding permit fees. 79-754 From Doran D. Emerson, 1003 Camino Del Valle, regarding Alameda City Disposal''s increases in fees for collection of garbage. Councilman Sherratt made a motion, seconded by Councilman Diament, that the correspondence be accepted and referred to Alameda City Disposal for response; the motion carried by unanimous voice vote - 5.. 79-755 From the Christmas Tree Lane Committee, signed by Linda Gremmipger, Chairman, 3206 Thompson Avenue, requesting approval for lighting of the trees on the islands in the 3200 block of Thompson Avenue, Mrs, Gremminger spoke in favor of the request and requested use of the lights the City has available. After Council discussion, Councilman Tillman made a motion, seconded by Councilman Sherratt to grant approval for lighting of the trees and use of the lights the City has available and directed the City Manager to follow up on the request; the motion carried by unanimous voice vote - 5. Councilman Stone stated that residents of Fernside neighborhood, west of High Street,had donated the cost of energy to light the trees, approximately $100, and two businessmen had donated a total of $100 to the project. November 6, 1979 HEARINGS 79-756 In the Matter of an application filed by Alameda Marina Village Associates,. R-79-13 to rezone certain property between the Estuary, north of Alameda Belt Line Railroad, foot of Sherman Street and east of Webster Street from R-1, M-1-PD, R-6, M-2, and M-2-G to MX, Mixed Use. President Corica outlined the procedures to be used in the hearing. On the call for proponents, John Erving, Alameda Marina Village Associates, spoke in favor of the rezoning. On the call for opponents, Prince Robinson, 1120 Chestnut Street, expressed his concerns regarding traffic. President Corica declared the public portion of the hearing closed. President Corica ordered that the ordinance relating to the hearing not be introduced until after the next hearing inasmuch as they are closely related. 79-757 In the Matter of the Master PLan for Alameda Marina Village on the appli- cation filed by Alameda Marina Village Associates (MP-79-1) President Corica outlined the procedures to be used in the hearing. The Planning Director stated that the Planning Board had approved the Master Plan for Alameda Marina Village subject to conditions. He further stated that a memo had been transmitted on October 24, 1979, recommending that no access from Sherman Street to Pacific Marina Drive be permitted for the industrial uses east of the proposed road. Mr. Erving, Alameda Marina Village Associates, filed the following exhibits: A-1 - The Narrative Text A-2 - Marina Park A-3 - Master'Plan A-4 - Overlay to the Master Plan A-5 - Phasing Diagram A-6 - Shoreline Design A-7 - None A-8 - None A-9 - Landscaping A-10 - Off-site Improvements Mr. Erving gave an overview of the exhibits. Councilman Sherratt made a motion, seconded by Councilman Diament. directing that the record indicate that the Atlantic Avenue Extension,will fall within the Alameda Marina Village property inasmuch as the exhibits do not show that; the Motion carried by unanimous voice vote - 5. Mr. Erving noted that a small strip near Sherman Street is not on the developer's land. On the call for proponents, the following persons spoke in favor of the Master Plan: IB'eltierKWralga,ncEincTarTe= President Corica called for opponents. Tom Paddison, Encinal Yacht Club, stated that the Encinal Yacht Club was not opposed to the development of Alameda Marina Village but does oppose a recommenda- tion by the Planning Board that the Pacific Marina area be served by a four-lane 7padway terminating at the waters edge and requested a two-lane roadway. The following persons stated they were not in opposition to the Alameda Marina Village development and expressed various concerns relating to traffic, conditions of approval, shoreline access, and offsite improvements: Fred Scullin, 1120 Chestnut Bob Brewer, 2045 Buena Vista Avenue Rosalie McPherson, 1128 Marianas Lane Dick Lowman, 412 Caravel Apartments Jack Solomon, 2101 Shoreline Joseph Sullivan, 3221 Liberty Avenue Councilman Sherratt recommended that Item No. 18 of the Planning Board conditions be amended to add a sentence that access to Pacific Marina Drive be limited to two lanes. The City Attorney recommended that Item Nos. 11 and 18 of the Planning Bo rd con- ditions be deleted and the developer directed to submit amended maps before the November 20, 1979, Council meeting. After Council discussion, Councilmember Sherratt made a motion, seconded by Councilman Diament, that the Alameda Marina Village Master Plan be approved subject to the conditions contained in the report from the Planning Board dated October 9, 1979, with the following exceptions: 1. That Item No. 11 and No. 18. be deleted and the developer directed to submit amended maps prior to final reading of the ordinance. 2. That Item No 13 andNo4e amended to read as follows; That Alameda Marina Village Associates-jund the cost of desYgn and improve- ment of off-site roadway and intersection improvements, including signaling, to the extend necessary to serve the uses to be developed in the Master Plan area. The motion carried on unanimous voice vote - 5, The City Attorney recommended that the developer and staff prepare finalized Exhibits A and B to be attached to the ordinance prior to final approval and file the exhibits in the Office of the City Clerk. President Corica obtained the consent of Council and so ordered. The Planning Director recommended that the City Manager be authorized to write Bay Conservation Development Commission (BCDC) a letter stating that the City Council has approved the Master Plan for Alameda Marina Village, to be effective by ordinance, inasmuch as processing time through BCDC is approxi- mately three months. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the recommendation of the Planning Director be approved; the motion cerried by unanimous voice vote - 5. Councilman Sherratt made a motion, seconded by Councilman Diament, that the two ordinances relative to Alameda Marina Village be considered out of order; the motion carried by unanimous voice vote - 5, INTRODUCTION OF ORDINANCES, 79-758 "Ordinance No. New Series, v and rezoning certain property Ci Of.Ala0edd b« d0ending0rdfDdnCeNO. 1277, New Series (Alameda Marina Village Associates, R-79-1\. Councilman Sherratt made a motion, seconded h« Councilman Diament, that the ordinance be introduced and passed to print; the motion carried on the following roll call vote: Ayes: 5. Noes: None. Absent: None.- 79-75Q 'Ordinance No. N.S., Approving Master Plan for Alameda Marina Village (Alameda Marina Village Associates, MP-79-1) Councilman Diament made a motion, seconded by Councilman Sherratt, that the ordinance be introduced and passed to print; the motion carried on the following roll call vote: Ayes: 5. Noes: None Absent: None. ~ HEARIAG5 79-760 In the Matter of a Tentative Map for Tract 4270, a 24-unit development at 2900 Central (PD-79-3). President Corica explained the procedures to be used in the hearing. On the call for proponents, there were none. On the call for opponents, there were none. President Corica declared the public portion of the hearing closed. Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution approving the Tentative Map be considered out of order; the motion carried by unanimous voice vote - 5. RESOLUTIONS 79-761 Resolution No. 9174, "Approving Tentative Map for Tract 4270, a division of property at 2900 Central Avenue, finding said Tentative Map consistent with the City's General Plan and determining that discharge of waste into sewer System will not violate Regional Water Quality Control Regulations." Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: 8«e3: 5. Noes: NODS, Absent: None. - HEARINGS 79-762 In the Matter of a Tentative Map for Tract 4254 between Packet Landing Road and Island Drive, south of the Harbor Bay Isle Club and North of Amelia Earhart School. President Corica explained the procedures to be used in the hearing, On the call for proponents, the following persons spoke in favor of the Tentative Rosalie McPherson, 1128 Marianas Lane Oscar Barry, Harbor Bay Isle James B. Davis, Harbor Bay Isle On the call for opponents, there were none. President Corica ordered the public portion of the hearing closed. Councilman Sherratt made a motion, seconded by Councilman Stone, that the resolution be considered out of order; the motion carried on unanimous voice vote - 5. RESOLUTIONS 79-763 Resolution No. 9175, "Approving Tentative Map for Tract 4254, a condominium subdivision of Lot 2, Tract 3773, finding said Tentative Map consistent with the City's General Plan and determining that discharge of waste into sewer system will not violate Regional Water Quality Control Regulations. Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: 5. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS 79-764 From the Ad-Hoc Rent Evaluation Committee, signed by Co-Chalrmen, Adam Stonehouse and Arch Woodliff, presenting Committee's written recommendations. Mr. Stonehouse summarized the report stating that the Committee recommends that the Council establish a Rent Review Committee to monitor renter/owner grievances, apprise renters of rights and alternatives and work to effect solutions in such instances. Mr. Woodliff outlined the procedures used in evaluating and summarizing the report and stated that he noted a staff report on the bulletin board which indicated that the City has had a vehicle to collect information regarding rent complaints for 20 months. The following persons spoke regarding rent control: Betty Richardson, 564 Central, read and filed a memo from Clare Redstone dated November 6, 1979, with attached proposal dated October 8, 1979, stating that she did not agree with the final report of the Ad Hoc Rent Evaluation Committee. Kay Coltrain, Central Avenue Barbara Warden, 1315 Regent After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Stone, to approve the recommendation of the Ad-Hoc Rent Evaluation Committee to establish a Rent Review Committee to monitor renter/owner grievances, apprise renters of rights and alternatives and work to effect solutions in such instances, and the Housing Coordinator in the City Manager's Office to provide staff assistance and referral services. Councilman Tillman stated he would vote no on the motion inasmuch as he felt it would be ineffective, and Council would be considering the matter again soon. The motion carried on the following roll call vote: Ayes: 4. Noes: Councilman Tillman - 1. Absent: None. November 6, 1979 79-765 From Beach Erosion Committee, signed by Richard H. Sherratt, Chairman, transmitting action taken at meeting of October 25, 1979, and requesting Council approval of action and letter to the Corps of Engineers regarding proposals to control South Shore Beach erosion. Councilman Diament made a motion, seconded by Councilman Tillman, to accept the report; the motion carried by unanimous voice vote - 5. 79-766 From City Planning Board, signed by Michael G. Gorman, President, recom- mending that the Council direct the Public Works Department to expedite the activation of traffic signals at Island Drive and Mecartney and Island Drive and Bridgeway. Councilman Sherratt made a motion, seconded by Councilman Diament, to accept the report; the motion carried by unanimous voice vote - 5. Councilman Sherratt noted that the City Engineer had been requested to provide a report as to traffic signals that would be needed in the area, a cost estimate, and possible funding sources. 79-767 From City Planning Board, signed by Don E. Patterson, Secretary, recom- mending that the Council obtain consultant services to examine the proposed Park Street Revitalization Plan and determine costs and funding feasibility and sources. President Corica obtained the consent of Council and ordered the report withdrAwD and placed on the Council agenda of November 20, 1979. 79-768 From City Manager regarding roller skating regulations. Councilman Sherratt made a motion that the report be accepted. Councilman Stone seconded the motion and offered an amendment to the motion, accepted by Councilman Sherratt, that the Chief of Police be encouraged to enforce regulations in the Alameda Municipal Code relative to roller skating; the motion as amended carried on unanimous voice vote - 5. 79-769 From City Manager regarding parking problems on Clement easterly of Park Street. Councilman Sherratt made a motion, seconded by Councilman Stone, that the report be accepted; the motion carried by unanimous voice vote - 5. *79-770 From City Manager recommending purchase of one Park Master Seven-Unit Mower on the open market. Approved. *79-771 From City Manager regarding contract with Junior Civil Engineer to process plans for Alameda Marina Village Project. Adopted. COUNCIL REFERRALS 79-772 Consideration of appointment to Planning Board. President Corica nominated Joseph A. Camicia for appointment to the Planning Board, seconded by Councilman Diament; the nomination was approved by unanimous voice vote - 5. The City Attorney was directed to prepare the implementing resolution, November 6, 1979 79-773 Consideration of appointment to Housing Authority. President Corica nominated Wilfred Garfinkle for appointment to the Housing Authority, seconded by Councilman Diament; the nomination was approved by unanimous voice vote - 5. The City Attorney was directed to prepare the implementing resolution. 79-774 Councilman Diament referred to a communication received from Josephine Dixler, Mayor's Committee for the Handicapped, requesting that the City assist in making 150 copies of the Annual Report for 1979, and requested that the Council consider the matter this evening inasmuch as it was received too late to be placed OD the Council agenda. Councilman Diament made a motion, seconded by Councilman Sherratt, that staff be directed to make provision for duplicating the report; the motion carried by unanimous voice vote - 5. 79-775 Councilman Tillman requested that the status of the Otis/Oak Mini-Park be placed on the Council agenda of November 20, 1979, 79-776 Councilman Tillman noted that the Assistant Civil Engineer assigned to design the Fernside Extension is leaving City employment and that this matter should be considered by the Council. RESOLUTIONS *79-777 Resolution No. 9177, "Granting application for leave to present late claim and rejecting said claim of Jerry D. Moore against City." Adopted. *79-778 Resolution No. 9178, "Ordering vacation of portion of power system easement /within Tract 1866 - portion of South Shore Center)." Adopted. *79-779 Resolution No. 9170, "Authorizing execution of agreement with Robin S.0 Lee for personal services (Engineering services relating to the Alameda Marina Village Project)." Adopted. *79-780 Resolution No. 9180, "Authorizing execution of agreement with H. D. Weller for consultation services relating to the City Council's search for a new City Manager." Adopted. *79-781 Resolution No. 9181, "Commending Wilver Dornel Stargell for his outstand- ing performance with the Pittsburgh Pirates Baseball Team and for his contribu- tions to the City of Alameda and other communities in the Bay area." Adopted. *74-782 Resolution N0. 9182, "Approving agreement establishing the Bay Area Library and Information System and authorizing execution thereof. x Adopted. BILLS *79-783 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $230,516.75. FILING *79-784 Bureau of Electricity Financial and Operating Report for period ended August 31, 1979. Agreement with Robin S.C. Lee. Agreement with H. D. Weller, Agreement 2stabli$hfng Bay Area Library and Information S«3tem, November 6, 1979 ADJOURNMENT There being no further business to come before the meeting, the Council adjourned at 1:25 D'm' in respect to the memory of Fred Maggiora, Ford E. Samuel, and Dr. E. W. Henderson, to assemble in regular session on Tuesday, November 20, 1979 1979, at 7:30 o'clock p.m. Respectfully submitted, DEEN SPEEGLE City Clerk November 6, 1979