1981-01-26 Adjourned Regular CC MinutesADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY JANUARY 26, 1981
The meeting convened at 5:30 p.0. with President Corica presiding. The pledge
of Allegiance was led by Councilman Diament. The Invocation was given by
Rev. David M. Womack, Calvary Christian Center.
ROLL CALL: Present: Councilmen Diament, Sherratt, Tillman, and President Corica - 4.
Absent: Councilman Stone - 1.
MINUTES
Councilman Sherratt made a motion, seconded by Councilman Diament, that the Minutes
of the Regular Council Meeting of December 2, 1980" be approved as submitted; the
motion carried by unanimous voice vote - 4.
CONSENT CALENDAR
Councilman Sherratt made a motion, seconded by Councilman Tillman, that the Consent
Calendar be adopted as submitted; the motion carried by the following roll call
vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4.
Noes: None. Absent: Councilman Stone - 1.
Items so enacted, adopted, or approved are indicated by an asterisk (*).
REPORTS AND RECOMMENDATIONS
*81-062 From Finance Director submitting Semi-annual Financial Report. Accepted.
*81-063 From Finance Director submitting Investment Earnings Report for month
of December, 1980. Accepted.
*81-064 From Burton Crowell, Project Coordinator, submitting status report for
the Patton Way Project. Accepted.
RESOLUTIONS
*81-055 Resolution No. 9473 "Ordering vacation of unused public utility easements
in Tract 4254 (Centre Court, Harbor Bay Isle Project)." Adopted.
INTRODUCTION OF ORDINANCES
*81-060 Ordinance No. , New Series "Amending Section 17-333 of the Alameda
Municipal Code relating to prohibited parking on Webster Street north of Atlantic
Avenue and portions of Mariner Square Drive and Mariner Square Loop." Passed to print.
*81-066d Ordinance No. , New Series, "Authorizing the Northern California Power
Agency to issue revenue notes." Passed to print.
FINAL PASSAGE OF ORDINANCES
*81-067 Ordinance N0, 2033, New Series "Amending certain sections of the Alameda
Municipal Code relating to parking regu lations in the vicinity of Park Street
and San Jose Avenue." Adopted.
BILLS
*81-068 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of 3153,887.50
January 26, 1981
RETURN TO REGULAR AGENDA
Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolu-
tion appointing a member to the Pension Board be considered at this time; the
motion carried by unanimous voice vote - 4.
RESOLUTIONS
81 -069 Resolution No. 9474 "Appointing Vincent G. Maloney as a Member of the
Pension Board."
Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolu-
tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman
Stone - 1.
Upon request, the Clerk administered the Oath of Office to Mr. Maloney.
WRITTEN COMMUNICATIONS
81 -070 From Clarice Minot, Citizens Against Noise Pollution, 3022 Gibbons Drive,
regarding flight routes of small planes over the island of Alameda.
Ms. Minot read and filed a letter dated January 26, 1981, requesting the Council
to formulate a resolution to deal with problems of noise pollution and air traffic
problems.
Councilman Sherratt made a motion, seconded by Councilman Diament, that a copy
of Ms. Minot's letter be sent to Walter Abernathy, Port of Oakland, the Airport
Manager, and the Airport Land Use Commission indicating that complaints have been
received and transmitting Ms. Minot's recommendations; the motion carried by unanimous
voice vote - 4.
81 -Q71 From Ralph Peters, Irwin Borof, and Charles Olken of the Alameda Soccer
Club requesting access to upper and lower Washington fields during the hours of
4:00 p.m. to 7:00 p.m., Monday through Thursday until March 15, 1981.
Councilman Tillman made a motion, seconded by Councilman Diament, that this item
be referred to the Recreation Commission; the motion carried by unanimous voice
vote - 4.
81 -072 From L. E. Peters, 1003 Tahiti Lane, regarding night ballgames at Leydecker
Park.
President Corica announced that Mr. Peters had requested this item and the Planning
Board Report regarding Leydecker Park be withdrawn from this agenda and scheduled
for the February 3, 1981, meeting, and with consent of Council, he so ordered.
HEARINGS
81 -073 Hearing to consider Rezoning Petition R -80 -6 to reclassify from M -1 -PD,
Intermediate Industrial District with a Planned Development Overlay, to R- 5 -PD -G,
General Apartment Special Government District, at 2100 -2400 Pope Street and 2100-
2400 Webster Street. (Applicant: Alameda Housing Authority)
January 26, 1981
The Acting Planning Director stated that the Planning Board had approved the re-
zoning petition based upon four findings outlined in the report dated December 26,
1980, and noted that the subject project is replacement housing and addresses
the needs of the elderly.
President Corica explained the procedures to be used in the hearing, and upon
the call for proponents in support of the Planning Board decision, there were
no speakers; upon the call for opponents, there were no speakers.
President Corica declared the public portion of the hearing closed.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the rezoning
be approved and the applicable ordinance considered out of sequence on the agenda;
the motion carried by unanimous voice vote - 4.
The City Attorney recommended that the ordinance be amended to delete the reference
to Special Government District as it does not apply.
INTRODUCTION OF ORDINANCES
81-074 Ordinance No. , New Series, "Reclassifying and rezoning certain property the City of Alameda by amending (Applicant:
Ordinance No. 1277, New Series. AopliCD't:
Alameda Housing Authority, R-80-5\." � �
Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance
be amended to delete reference to Special Government District and introduced;
the motion carried by the following roll call vote: Ayes: Councilmen Diament,
Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman
Stone - l.
HEARINGS
81-075 Hearing to review Program Performance relative to the Housing and Community
Development Act Program. ~
President Corica announced the hearing was for public input into the Housing and
Community Development Program, and on the call for persons interested in providing
input, there were no Speakers,
President Corica declared the public portion of the hearing closed.
Councilman Sherratt made a motion, seconded by Councilman Tillman, that the report
submitted relative to the hearing be accepted; the motion carried by unanimous
voice vote - 4.
REPORTS AND RECOMMENDATIONS
81-076 From Finance Director submitting Financial Forecast to June 30, 1981.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the report
be accepted; the motion carried by unanimous voice vote - 4.
81-077 From Acting City Engineer recommending an extension of nine months time
to October 19, 1981, to Harbor Bay Isle Associates for completion of improvements
for Subdivision Tract 3773 located between Packet Landing Road and Seal Point
Court.
January 26, 1981
Councilman Sherratt made a motion, seconded by Councilman Tillman, tha
be accepted and the recommendation approved; the motion carried by una
vote - 4.
the report
mous voice
81 -078 From City Engineer recommending acceptance of public improvements, Bridgeway
Road from Island Drive to Oyster Pond Road, in Tract 3645, and reduction of bond
to S500,000.
Councilman Tillman made a motion, seconded by Councilman Diament, that the report
be accepted and the recommendation approved; the motion carried by unanimous voice
vote - 4.
81 -079 From Acting City Engineer recommending acceptance of sanitary pump station
at Bridgeway Road and Packet Landing Road, located in Tract 3645.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the report
be accepted and the recommendation approved; the motion carried by unanimous voice
vote - 4.
RESOLUTIONS
81 -080 Resolution No. 9475 "Adopting Specifications and Plans for alterations
to Mastick Senior Center, calling for bids and directing City Clerk to advertise
same."
Councilman Tillman made a motion, seconded by Councilman Sherratt, that the resolu-
tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman
Stone - 1.
81 -081. Resolution No. 9476 "Authorizing submittal of pre - application for EDA
Grant Funds to widen and extend Harbor Bay Parkway."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman
Stone - 1.
81 -082 Resolution No. 9477 "Authorizing City Manager to execute contracts with
engineer and attorneys for East Alameda Parking Assessment District."
The following persons spoke regarding who would benefit and would be assessed
for proposed parking structure:
Donald P. Shiley, 400 Tideway
Barbara K. Worden, 1315 Regent Street
The City Manager noted the project was in the preliminary stages,and there would
be public hearings before the assessments are established.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman
Stone - 1.
January 26, 1981
INTRODUCTION OF ORDINANCES
81 -083 Ordinance No. , New Series, "Amending the Alameda Municipal Code by
establishing permit fees for taxi cab companies."
Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance
be introduced and passed to print; the motion carried by the following roll call
vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4.
Noes: None. Absent: Councilman Stone - 1.
NEW BUSINESS
81 -084 Councilman Diament requested the Variance granted at 1408 Encinal Avenue
be placed on the February 3, 1981, agenda.
FILING
81 -085 Contracts with engineer and attorneys relating to East Alameda Parking
Assessment District.
Bureau of Electricity Financial and Operating Report for the 4 months
ended October 31, 1980.
ORAL COMMUNICATIONS, GENERAL
81 -086 Bill Kirby, 3291 Thompson Avenue, stated he was circulating a petition
relating to street construction to get a measure on the April 21, 1981, ballot
and had planned to request a two -week extension to submit signatures at the
January 20, 1981, Council meeting which had been canceled. He further stated
they had continued to get signatures after the January 21, 1981, deadline
and had deposited with the City Clerk prior to 5:00 p.m. today. He also stated
that a precedent had been set a few years ago when the Council extended the
deadline to submit signatures for a petition and requested the additional signa-
tures be verified.
The City Attorney stated that the precedent referred to by Mr. Kirby related to
an ordinance, and the same time frames do not exist for a proposed Charter
Amendment. He further stated the Clerk is required to accept signatures on a
Charter Amendment Petition for up to one year and verify their validity, and
this is an administrative function and required no Council action. He also stated
that under the Elections Code when the signatures qualify for the ballot, the
City would be required to call a Special Election even it it is immediately after
a General Election.
Councilman Tillman stated he was opposed to the proposed measure and any time
extension and made a motion that the request for an extension be denied and the
Clerk directed not to accept any signatures past the established January 21, 1981,
deadline.
Councilman Sherratt stated he would second the motion, and that he also opposed
the proposed measure but that it comes back to a point of law and the Clerk's
administrative ability to verify the signatures. He noted that the Clerk had
indicated signatures received January 26, 1981, could be processed administratively.
January 26, 1981
The following persons spoke in opposition to the proposed measure and an extension
of time to submit the signatures:
Ernie Hanna, 1406 High Street
David Plummer, 1401 High Street
On the call for the question, the motion FAILED by the following roll call vote:
Ayes: Councilman Tillman and President Corica - 2. Noes: Councilmen Diament and
Sherratt - 2.Absent: Councilman Stone - 1.
The City Manager stated that he felt it would not be in the best interests of
the City to be forced to hold a Special Election, which would cost about S30,000,
and indications from signatures already verified is that they would have enough
signatures to qualify.
ADJOURNMENT
81 -087 Councilman Diament made a motion, seconded by Councilman Sherratt, that
the Council adjourn to an Executive Session for discussion of personnel and liti-
gation matters; the motion carried by unanimous voice vote - 4.
At the conclusion of discussion, it was determined that no action would be taken
at this time.
There being no further business to come before the meeting, the Council adjourned
at 7:25 p.m., to assemble in regular session on Tuesday, February 3, 1981, at
7 :30 p.m.
Respectfully submitted,
DEEN SPEEGLE
City Clerk
January 26, 1981