1980-01-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY JANUARY 15, 1980
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of
Allegiance led by Councilman Tillman. Invocation delivered by Rev. Ronald Crees,
Church of the Nazarene.
ROLL CALL: Present: Councilman Diament, Sherratt, Stone, Tillman, and
President Corica (5). Absent: None.
CONSENT CALENDAR
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
"Resolution accepting conveyance from Alameda West Lagoon Home Owners' Association
of certain real property and consenting to the recordation thereof, (Otis /Oak
Mini -Park Project)" be withdrawn from the Consent Calendar inasmuch as the Home
Owners' Association has requested additional time and that the remaining 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 Diament made a motion, seconded by Councilman Tillman, that the
minutes of the regular Council meeting of January 2, 1980, be approved as
submitted. Councilman Sherratt stated he would abstain inasmuch as he had not
attended the meeting. The motion carried by the following roll call vote:
Ayes: Councilman Diament, Stone, Tillman, and President Corica - 4.
Noes: None. Absent: None. Abstaining: Councilman Sherratt - 1.
WRITTEN COMMUNICATIONS
80 -038 From Deanna D. Johe, 3270 Madison Street, regarding the Housing Element
Report and problems encountered by the Citizens' Housing Element Advisory Committee.
President Corica suggested that Ms. Johe express her concerns at the meeting of
February 5, 1980 inasmuch as a hearing on the Housing Element is scheduled for
that date.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
communication be accepted; the motion carried by unanimous voice vote - 5.
80 -039 From Joseph M. Sullivan, 3221 Liberty Avenue, regarding construction of
a recreation center by Harbor Bay Isle Associates on Bay Farm Island.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
correspondence be accepted and filed; the motion carried by unanimous voice vote - 5.
Joseph M. Sullivan, 1221 Liberty Avenue, stated that he had also sent a copy of
the correspondence to BCDC.
80 -040 From Harbor Bay Isle Associates, signed by M. Kent Hockabout, requesting
that the Council pass a resolution changing the name of City Line Road to Harbor
Bay Business Parkway and designate Harbor Bay Isle area as a community in
support of efforts to obtain a freeway sign program for Nimitz Freeway exits.
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Councilman Sherratt made a motion, seconded by Councilman Stone, that the matter
be referred to the Planning Board for recommendation back to Council; the
motion carried by unanimous voice vote - 5.
80 -041 From Encinal Terminals, signed by Chengben (Peter) Wang, regarding
provision for access to Pacific Marina Complex and Encinal Terminals during the
first phase of Alameda Marina Village development.
President Corica stated that Encinal Terminals had submitted a request that the
matter be withdrawn from the agenda and so ordered.
80 -042 From Auditor - Assessor, Raymond D. Martin, submitting notice of retirement
from position of Auditor - Assessor, effective February 29, 1980.
President Corica expressed appreciation to Mr. Martin for the many years of service
he has given to the City.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the Council
accept Mr. Martin's notice of retirement with regret and that a resolution of
commendation be prepared and placed on the agenda of February 19, 1980; the
motion carried by unanimous voice vote - 5.
HEARINGS
80 -043 Hearing in the Matter of a Review of the Record on an appeal by Hansen,
Murakami, Eshima, from a decision of the Planning Board regarding the amendment
to the Planned Development, PD 79 -6, at Harbor Bay Landing Shopping Center
(Mobil Oil Service Station).
The Planning Director stated that Council had continued the hearing from January
2, 1980, and requested that staff provide conditions in the event Council wished
to approve the amended Planned Development and recommended that if Council approves
the amendment that the seven conditions outlined in the staff report dated
January 14, 1980 be imposed.
President Corica read the seven proposed conditions outlined in the report from
the Planning Director dated January 14, 1980, and called for proponents in favor
of upholding the decision of the Planning Board in denying the proposed amendment
to the Planned Development.
Joseph Sullivan, 1221 Liberty Avenue, spoke in support of the Planning Board
decision.
Charles Thoss, 3204 McCartney Avenue, spoke in support of imposing the proposed
conditions.
Johnny Hand, 1617 Gould Court,stated perhaps the station was proposed at the
wrong location.
On the call for opponents, the following persons spoke in opposition to the decision
of the Planning Board:
James Davis, Attorney for Harbor Bay Isle, stated that the applicant had problems
with some of the proposed conditions and requested that a representative of
Mobil Oil Corporation speak on the conditions.
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Thomas Bardett, Mobil Oil Corporation, stated that they concurred with
Condition No. 1, 4, and 5. He further stated that there were problems
with the following conditions:
1. Condition No. 2 requiring a minimum of 15- feet -wide landscaping on
the west perimeter of the station would not allow the necessary clearance
for the pump area.
2. Condition No. 3 would require that landscaping cuts through the
corner of the building.
3. Condition No. 6 - Four on -site parking spaces provided; there is a
lease with the developer for use by the station of 10 spaces in the shopping
center parking for temporary parking, and feel that is adequate.
The Planning Director stated that the propc3e-.' parkinj is not a serious problem.
Mr. Bardett stated that Mobil Oil Corporation would abide by Condition No. 7
relative to signing.
The City Attorney noted that any conditions imposed would be enforceable by
the City.
President Corica declared the public portion of the hearing closed.
After Council discussion, Councilman Tillman made a motion, seconded
by Councilman Sherratt, that the amendment to the Planned Development,
PD 79 -6, at Harbor Bay Landing Shopping Center (Mobil Oil Service Station,
be approved subject to the seven conditions outlined in the report of the
Planning Director dated January 14, 1980, with the following amendments to
the conditions:
a. Condition No. 2 - On the west perimeter of the station, a minimum
of eleven- feet -wide landscaping area shall be installed.
b. Condition No. 3 - That the developer be allowed to diminish the
landscaping requirement only on the corner that touches the lease line but
that screening will be provided.
Councilman Diament stated she would vote against the motion on the basis of
the impact on the surrounding area.
Upon call of the roll, the motion passed by Ayes: Councilman Sherratt,
Stone, Tillman and President Corica - 4. Noes: Councilman Diament - 1.
Absent: None.
80 -044 Hearing in the Matter of appeal of Joseph Brecher, Friends of Alameda,
against the decision of the Planning Board in adopting Negative Declaration
on the Fernside Boulevard Extension.
The Planning Director stated that the Planning Board had considered the
Negative Declaration for the extension of Fernside Boulevard at its meeting
of December 10, 1979, and had made six findings outlined in the report
dated December 18, 1979, and had adopted the Negative Declaration.
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President Corica stated that the Fernside Boulevard Extension had been
approved by a vote of the people and that the matter before the Council
tonight is whether the Negative Declaration is satisfactory.
President Corica explained the procedures to be used in the hearing and
called for proponents in favor of adoption of the Negative Declaration.
The following persons spoke in favor of adopting the Negative Declaration
for Fernside Boulevard Extension:
Michael Anderson, 450 Park Street
Ernie Hanna, 1406 High Street
Pete Bongiovani, 3201 Thompson Ave.
Betsy Bongiovani, 3201 Thompson Ave.
Dale Mason, 1633 High Street
On the call for opponents, Joseph Brecher, Attorney, stated that the Negative
Declaration indicates there are numerous substantial environmental impacts
for the proposed Fernside Boulevard Extension. He further stated that guidelines
issued by the Resources Agency require that if any aspect of a project either
individually or accumulatively may cause a significant impact, there must
be an EIR regardless of whether the whole effect of a project is adverse or
beneficial. Mr. Brecher further stated that Harbor Bay Isle has a development
plan for the area around Lincoln School before the Bay Conservation Development
Commission (BCDC) which is contingent upon the Fernside Extension. Mr. Brecher
stated that a $200 filing fee had been paid for the appeal and that the
Planning staff prepared documents which were not requested for an unspecified fee
and that he would ask for a waiver of the additional Planning staff fees.
Councilman Stone stated that Mr. Brecher had inferred that approval of the
Fernside Boulevard Extension would permit the development along the area of
Fernside - Washington when actually that tract of land would be developed with or
without it.
The following persons also spoke in opposition to adoption of the Negative
Declaration for Fernside Boulevard Extension:
Lou Kirby, 3221 Thompson Ave.
Pat O'Brien, 524 Central Ave., also submitted copy of a petition.
Howard Shirley, 3327 Fernside Blvd.
Ken Richards, 3313 Fernside Blvd.
Karen Harrington, 3230 Fernside Blvd.
Dave Tees,3253 Fernside Blvd.
Katherine Denehy, 1404 Fernside Boulevard
Carl McBeth, 3267 Fernside Blvd.
Stuart Palmer, 1608 Fernside Blvd.
Henry Pond, 1440 E. Sherratt Drive.
President Corica declared the public portion of the hearing closed.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Stone, that the appeal be denied; the motion carried by the following
roll call vote: Ayes: Councilman Diament, Sherratt, Stone, Tillman, and
President Corica - 5. Noes: None. Absent: None.
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Councilman Stone stated that when design guidelines for the Fernside
Extension alignment are applied, there will be public review and public
hearings before the Planning Board and the City Council, and many of the
concerns expressed this evening would be addressed as to where the signals
will be placed, the alignment of the street, and details as to how it will
be built.
80 -045 Hearing in the Matter of a Tentative Map for Tract 3843, a proposal
for 204 dwelling units with related recreational facilities and open space
at Atlantic Avenue extended, Thau Way, easterly of the Flea Market.
Applicant: Alameda Marina Village Associates.
The Planning Director stated that the Planning Board had approved the Tentative
Map for Tract 3843 subject to 39 conditions outlined in the report dated
January 7, 1980.
President Corica explained the procedures to be used in the hearing.
On the call for proponents, John Irving, Alameda Marina Village Associates,
stated that the developer is in agreement with the conditions imposed by
the Planning Board but requested clarification of Condition No. 35 inasmuch
as it was the intent of the Planning Board that the developer subsidize the
balance between what it would actually cost to maintain Marina Park and what
the Association budget was able to pay which would depend upon the number of
units and the commercial development completed.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Diament, that Condition 35 be amended by adding for the share
fairly apportioned to the as yet unbuilt portions ", at the end of the first
sentence of the condition; the motion carried by unanimous voice vote - 5.
President Corica recommended that there be a separation of four feet between
pairs of duplex homes instead of the two inches originally proposed and stated
that the developer is willing to add this condition.
Councilman Tillman made a motion, seconded by Councilman Diament, that
Condition 40 be added that there be a minimum separation of four feet between
pairs of duplex homes; the motion carried by the following roll call vote:
Ayes: Councilmen Diament, Stone, Tillman, and President Corica - 4.
Noes: Councilman Sherratt - 1. Absent: None.
John Irving filed Exhibit 40a and 40b which detailed the development with the
four -foot separation.
Bob Brewer, 2045 Buena Vista, requested that the Council impose a condition to
divert heavy truck traffic associated with the Alameda Marina Village develop-
ment from Buena Vista Avenue.
Councilman Sherratt made a motion, seconded by Councilman Diament, that
Condition 41 be added that applicant shall require that all truckers and
contractors under contract to applicant, and their subcontractors, shall
use Park Street Bridge, Park Street, Clement, Grand Avenue, Buena Vista Ave.,
Sherman Street extended, into AMVA Project from the east or use Webster
Street Tube, Webster Street, Mariner Square Loop, Tyman, Work, or Bethlehem
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during construction of Alameda Marina Village; the motion carried by unanimous
voice vote - 5.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
resolution approving the Tentative Map for Tract 3845 be considered out of
Order; the motion carried by unanimous voice vote - 5.
RESOLUTIONS
80-046 Resolution No: 9210, "Approving Tentative Map for Tract 3843, a division
of property'
rnper within Alameda Marina Village, 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 RegUldti0O3x,
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
resolution be adopted; the motion carried by the following roll call vote:
Avas: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5.
Noes: NOne, Absent: NO0e,
REPORTS AND RECOMMENDATIONS
80-047 From Secretary of the Planning Board regarding adoption of the Negative
Declaration for extension of Fernside Boulevard.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
report be accepted and the Negative Declaration adopted; the motion carried by
unanimous voice vote - 5.
*Fi0-048 From Secretary of the Planning Board regarding use permit procedure for
home day care for seven to twelve non-resident children. Approved. The Council
Set the hearing date of Tuesday, February 5, 1980,
*80-049 From Secretary of the Planning Board requesting that the Council set a
h2driDg date of February 5, 1980, for review of the Negative Declaration for
the proposed Housing Element and for a hearing on the proposed Housing Element.
Appr0Yed, The Council set the hearing date of Tuesday, February 5, 1980'
*80-050 From Acting City Manager recommending acceptance of the low bid from
Alameda Roofing Company, in the amount of $5,775, for emergency repairs to the
roof at the Golf Course Restaurant. Approved.
*80-051 From Assistant to City Manager recommending renewal of Liability
Administration Agreement with R. L. Kautz & Company. Approved.
*80-052 From City Engineer recommending reduction in final payment withheld
for Public Works Contract, Specification P.W. 4-79-4 levee improvements, sealing
of the dump perimeter, from 340,000 to 5,000, Approved.
*80-053 From Acting City Manager recommending purchase of street sweeper on the
open market. Approved.
COUNCIL REFERRALS
3.0 -054 Consideration of appointment of Member to Golf Commission.
President Corica nominated Theodore J. Holmes for appointment to the Golf
Commission, seconded by Councilman Tillman; nomination was approved by
rinanirrous voice vote - 5.
80 -055 President Corica recommended that the matter of an increase to cities
of lr sales tax allocation be placed on the ballot for the June 3, 1980,
election as an advisory measure to the State Legislature.
After Council discussion, President Corica obtained the consent of Council and
directed that a resolution be prepared detailing the proposed advisory measure
and placed on the agenda of February 5, 1980.
80 -056 Councilman Diament made a motion, seconded by Councilman Sherratt,
that Mayor Corica be directed to send a communication to our Senate representative
and members of the Senate Committee on Finance prior to January 21, 1980,
stating the Council's position in opposition to SB 888 - Compulsory and binding
arbitration; the motion carried by unanimous voice vote - 5.
80 -057 Councilman Tillman requested an update by February 5, 1980, as to
whether the City will be on schedule to break ground for the Fernside Blvd.
Extension by June 30, 1980.
,,0 -'53 Councilman Diament stated that she and Councilman Stone had met with
members of City staff and recommendations for renovation of City Hall, both
short -term and long -term, have been finalized and requested the matter be
placed on the agenda of February 5, 1980.
80-059 Councilman Sherratt requested that a letter be sent urging the City
of Oakland, Alameda County Board of Supervisors and Coliseum Board of Directors
to do their utmost to keep the Oakland A's Baseball Team and the Raider's
Football Team in the Bay area and suggested that the correspondence include a
statement that the citizens of Alameda have enjoyed many hours of sports
entertainment and have enjoyed the people who work there.
RESOLUTIONS
*30 -060 Resolution No. 92.11, "Expressing thanks and appreciation to Mr. Abe Kofman
and Hrs. Sara Kofman for their generous contribution to the Otis /Oak Mini- Park."
Approved.
*80--061 Resolution No. 9.2.12, "Authorizing renewal of Liability Administration
Agreement with R. L. Kautz & Company." Adopted.
*80 -062 Resolution No. 9213, "Amending Resolution No. 6232, designating City
holidays for miscellaneous employees Effective January 1, 1980." Adopted.
00 -063 Resolution No. 9214, "Authorizing execution of agreement with
Housing Authority of the City of Alameda relating to legal representation
for said Authority.
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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, Stone, Tillman and President Corica - 5.
Noes: None. Absent: None.
80 -064 Resolution No. 9215, "Authorizing execution of agreement with Housing
Authority of the City of Alameda relating to legal representation for said
Authority."
Councilman Diament made a motion, seconded by Councilman Sherratt,that the
resolution be adopted; the notion carried by the following roll call vote:
Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5.
00 -065 Resolution No. 9216, "Authorizing execution of agreement with Santina
`l Thompson, Inc., for professional engineering services in connection with
the Fernside Boulevard Extension."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
resolution be adopted; the motion carried by the following roll call vote:
Ayes: Councilman Diament, Sherratt, Stone, Tillman, and President Corica - 5.
Noes: None Absent: None.
*80 -065 Resolution No. 9217, "Ordering vacation of unused pathway easement and
portion of unused public utilities easement in Lot 2 of Subdivision Tract 3773."
Adopted.
INTRODUCTION OF ORDINANCES
80 -067 Ordinance No. , "Amending the Alameda Municipal Code by
amending Section 2 -116 and Subsection (3) of Section 2 -117 thereof, relating
to Order of Business of City Council."
Councilman Tillman 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: Councilman Diament, Sherratt, Stone, Tillman and
President Corica - 5. Noes: None. Absent: None.
Councilman Diament requested that the Clerk provide a recommendation regarding
use of speaker slips or alternatives for speaker sign up.
*O0 -063 Ordinance No. , "Amending the Alameda Municipal Code by
adding Subsection (6) to Section 17 -355.1 thereof, relating to parking in the
City Employees' Parking Lot by the general public.
Introduced and passed to print.
ORDINANCES FOR PASSAGE
*80 -069 Ordinance No. 1996, New Series, "Authorizing execution of lease of
certain submerged and tide lands to the United States of America and approving
the form and terms of said lease (Government Island Floating Recreational Docks).
Adopted.
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BILLS
*80 -070 An Itemized List of Claims, certified by the City Manager as
correct, was approved in the amount of $134,218.52.
FILING
*80 -071 Agreement with R. L. Kautz & Company for Liability Administration.
Agreements (2) with Housing Authority relating to legal representation.
Agreement with Santina & Thompson, Inc., for engineering services -
Fernside Boulevard Extension.
ADJOURNMENT
Councilman Tillman requested that the Council adjourn in memory of Martin
Luther King, Jr., inasmuch as it is his birthday.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
Council adjourn to Executive Session for a discussion of personnel and
litigation; the motion carried by unanimous voice vote - 5.
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
adjourned at 11:00 p.m. in respect to the memory of Martin Luther King, Jr.,
to assemble in regular session on Tuesday, February 5, 1980 at 7:30 o'clock p.m.
Respectfully submitted,
DEEN SPEEGLE
City Clerk