1980-03-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY MARCH 18, 1980
Convened at 7:30 o'clock p.m., with President Corica presiding. The Pledge
of Allegiance was led by DeMolay Mayors of the Day, Chris Ross and Cindy
Rosenlof. The invocation was delivered by Monsignor Wagner, St. Joseph's
Catholic Church.
ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and
President Corica - 5. Absent: None.
MINUTES
Councilman Stone made a motion, seconded by Councilman Sherratt, that the
Minutes of the Joint Special Meeting of the Council and Public Utilities Board
of February 26, 1980, and the regular Council meeting of March 4, 1980, be
approved as submitted; the motion carried by unanimous voice vote - 5.
SPECIAL ORDERS OF THE flAY
80 -200 DeMolay in Government Day.
President Corica stated that members of DeMolay had been assigned positions
in City Government for the day and had met with their counterparts and learned
about departmental and City functions. He further stated that this organization
builds the leaders of tomorrow and expressed appreciation to the DeMolays for
their participation in DeMolay in Government Day.
President Corica presented certificates in recognition of the DeMolays
participation as follows:
Cindy Rosenlof
Chris Ross
Rick Rosenlof
Jeff Boylan
Dawn Davis
Rick Murray
Ed Byron
Dan Gibson
Erin Frost
Mike Miller
Rick Ginley
John Legg
CONSENT CALENDAR
President Corica stated that requests for discussion were received for the
report from Burton Crowell concerning the status of Patton Way, the report
regarding Tract 3713, and resolutions regarding Tract 3843, agreement with
Daniel Reidy, participation in Census, and acceptance of "Freedom Shrine."
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
remaining items on the Consent Calendar be approved; the motion carried by
the following roll call vote: Ayes: Councilmen Diament, Sherratt,
Stone, Tillman and President Corica - 5. Noes: None. Absent: None.
Those items so enacted, adopted, or approved are indicated by an asterisk ( *).
REPORTS AND RECOMMENDATIONS
*80 -201 From City Manager regarding establishment of "Complete Count Committee"
for the 1980 Census. Approved.
80 -202 From Burton Crowell, Project Coordinator, concerning the status of
Patton Way.
Councilman Diament inquired regarding the need for a consultant to assist
Mr. Crowell.
The City Manager stated that the proposed consultant would provide environmental
expertise and costs would be paid by Vintage Properties.
Rosalie McPherson, 1128 Marianas Lane, recommended that reports regarding
Patton Way be placed on the regular agenda.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the
report be accepted; the motion carried by unanimous voice vote - 5.
80 -203 From City Engineer recommending acceptance of certain improvements
in Harbor Bay Isle, Subdivision Tract 3713, and release of the 5241,576
performance bond.
Rosalie McPherson, 1128 Marianas Lane, spoke regarding erosion of lagoons in
Harbor Bay Isle.
The City Engineer stated that Tract 3713 had been inspected and the improvements
were acceptable.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Diament, that the matter be held over to the agenda of April 1, 1980,
and directed the City Engineer to investigate further as to whether there is
erosion of lagoons in Subdivision Tract 3713; the motion carried by unanimous
voice vote - 5.
Councilman Tillman requested that the City Engineer furnish information relative
to bonding, erosion, and correspondence with the Corps of Engineers regarding
South Shore Beach. He further requested information as to the status of
bonding and erosion in Harbor Bay Isle.
*80 -204 From City Engineer recommending acceptance of improvements for Parcel
Map 2468, northwest corner of Eighth Street and Santa Clara Avenue, and release
of bond in the amount of S5,178. Approved.
*80 -205 From City Engineer recommending time extension of 18 days, approval
of $3,000 Letter of Credit, and acceptance of work and release of bonds
for the City Line Road Project, P.W. 12- 78 -12. Approved.
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RESOLUTIONS
*80 -206 Resolution No. 9255, "Authorizing execution of agreement with State
of California Wildlife Conservation Board relating to improvements at the
Alameda Estuary public access." Adopted.
*80 -207 Resolution No. 9256, "Authorizing execution of Professional Services
Agreement with Hansen /Murakami /Eshima Inc. for design of a boat ramp and
fishing pier at the southeast corner of the Alameda Naval Air Station."
Adopted.
*80 -208 Resolution No. 9257, "Authorizing execution of agreement with County
of Alameda relating to Emergency Ambulance Service in the City of Alameda."
Adopted.
80 -209 Resolution No. 9258, "Approving Final Map of Subdivision known as
Tract 3843 and accepting certain dedications, easements and reserve strips
(Vintage Properties Alameda Corporation - Subdivider)."
Councilman Diament inquired whether the Final Map had been
from the Tentative Map.
The City Engineer stated that there had been a few changes
was substantially the same.
changed extensively
but the Final Map
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 -210 Resolution 9259, "Authorizing execution of agreement for construction
and completion of Improvements in connection with Subdivision Tract 3843 and
approving bonds as to sufficiency (Vintage Properties Alameda Corporation -
Subdivider)."
Councilman Stone 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 -211 Resolution 9260, "Authorizing execution of agreement with Daniel Reidy
for professional services in connection with development of the Environmental
Document for Patton Way.
Russ Suisung, 221 Santa Clara Avenue, spoke regarding the contract with
Mr. Reidy.
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, Stone, Tillman and President Corica - 5.
Noes: None. Absent: None.
80 -212 Resolution No. 9261, "Urging all residents of Alameda to participate
in the 20th Decennial Census of Population and Housing."
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President Corica requested that the Times Star publicize the resolution
urging residents of Alameda to participate in the Census and noted that
much of the City's funding is affected by the results of the Census.
Councilman Sherratt madt 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 -213 Resolution 9262, "Authorizing acceptance of "Freedom Shrine" donated
by the Alameda Exchange Club to be placed in the lobby of the Police Administration
Building and expressing appreciation to the Alameda Exchange Club."
President Corica expressed appreciation to the Alameda Exchange Club for their
involvement in the community and for donation of the "Freedom Shrine" to be
placed in the lobby of the Police Administration Building. He further stated
that the date for the official presentation of the "Freedom Shrine" will be
announced later.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
resolution be adopted; the motion carried by unanimous voice vote - 5.
FINAL PASSAGE OR ORDINANCES
*80 -214 Ordinance No. 2005, "Authorizing the acquisition of certain real property
for street, nignway, and general municipal purposes (Fernside Boulevard
Extension - 3288 Encinal Avenue)." Adopted.
BILLS
*80 -215 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of 579,107.78.
FILING
*80 -216 Agreement in connection with Tract 3843
Agreement with State Wildlife Conservation Board - Alameda Estuary Public
Access.
Agreement with Hansen /Murakami /Eshima Inc. for design of boat ramp and
fishing Pier.
Agreement with County of Alameda relative to Emergency Ambulance Service.
Agreement with Daniel Reidy for professional services relative to Patton
Way.
Bureau of Electricity Financial and Operating Report for the period
ending December 31, 1979.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
80 -217 From San Francisco Bay Chapter Sierra Club, signed by Agnes Rebane,
requesting the Council oppose efforts to significantly reduce transbay bus
service.
3/18/80
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
Council endorse the position of the Sierra Club regarding opposition to
significant reductions of transbay Bus service and directed that the
Metropolitan Transportation Commission and state congressional representatives
be notified of the Council's position; the motion carried by unanimous voice
vote - 5.
80 -218 A Petition signed by thirty Alameda residents requesting that the
City remove the burned -out dwelling at 1807 Santa Clara Avenue,
Ted Klyber, owner of the property at 1807 Santa Clara Avenue, stated that
his attorney had written to the City Attorney regarding the matter and that
he did not know what the legal ramifications were.
The City Engineer stated that the property needed a full inspection by the
City departments involved.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Diament, to direct staff to begin abatement procedures, to begin
legal proceedings if necessary, and to report back to Council by April 15,
1980; the motion carried by unanimous voice vote - 5.
80 -219 From County of Alameda Veterans Day Commission, signed by Jerry Williams,
requesting appropriation of S250.00 for the "Veterans Day Observance Parade."
Councilman Sherratt made a motion, seconded by Councilman Tillman, that Mayor
Corica be directed to express regrets to the Alameda Veterans Day Commission
that the City is unable to contribute to the event due to budgetary limitations;
the motion carried by unanimous voice vote - 5.
80 -220 From Tri State Engineering Company, signed by Eric Schmitz, requesting
a twelve -month extension to April 3, 1981, for filing the final map for
Tract 4206.
Eric Schmitz stated that the property had changed ownership which had caused
the delay and that they probably would not need the full twelve -month extension.
After Council discussion, Councilman Stone made a motion, seconded by Councilman
Tillman, that the request for a twelve -month extension be denied.
President Corica suggested that the motion be amended to grant an extension of
six months to October 3, 1980.
The suggested amendment was accepted by Councilman Stone and Councilman Tillman,
and the motion, as amended, to grant an extension of six months to October 3,
1980, for filing the final Map for Tract 4206 carried by unanimous voice vote - 5.
80 -221 From Brian Joyce, 3009 Central Avenue, regarding a recycling center in
the City of Alameda.
James Wilson, 1140 Ballena Bay Isle, spoke in favor of a recycling center.
Councilman Sherratt made a motion, seconded by Councilman Stone, as follows:
1) Directed the City Manager to investigate the feasibility of a recycling
center and to provide a recommendation back to Council; and 2) that a copy of
3/18/80
the communication be forwarded to the Peralta Junior College School District,
Alameda Unified School District, Oakland Scavenger Company, Alameda Disposal
Company, and Mae Rose Evans of the Public Utilities Board to explore the
possibility of working out a cooperative program; the motion carried
by unanimous voice vote - 5.
80 -222 From Joseph M. Sullivan, 3221 Liberty Avenue, submitting copy of his
letter to Army Corps of Engineers regarding financial liability for erosion
of land fill in the Harbor Bay Isle project.
Joseph M. Sullivan, 3221 Liberty Avenue, recommended that bonds be held
as long as possible to hold the developer financially liable in the event of
erosion.
After Council discussion, Councilman Tillman made a notion, seconded by
Councilman Sherratt, that six months before the depletion of the bond filed by
the developer for Shoreline Park that someone from the City be designated to
check the entire beach for erosion and provide a report to Council for a
determination as to whether further monetary protection is needed; the motion
carried by unanimous voice vote - 5.
HEARINGS
80 -223 Hearing for owners of properties proposed for the Fernside Boulevard
Extension to express their views on the public interest and necessity of the
project, the compatibility of the project to public good and private injury,
and the necessity of acquisition of the lands for the project.
The City Attorney stated that the law requires that property owners be
notified and given the opportunity to give their views before condemnation
proceedings and that notices had been sent to the property owners.
President Corica explained the procedures to be used in the hearing.
President Corica stated that persons who had responded to the City Attorney's
notices may now speak.
John Barni, 1277 Bay Street, stated that he represented Thomas Wood, Betty
Banke, and Vee Chard who were property owners and that he did not know the
exact property involved. He stated his clients would probably be agreeable
to sale of the property if they knew the price involved.
The City Attorney stated that the Assessor Parcel numbers of the properties
veere on the notices and that a set offer as to price would be made before
filing the condemnations. He further stated that the hearing before the
Council this evening is only to hear objections if there are any.
Karl Breitkope,1451 Fernside Boulevard, stated that litigation had been filed
regarding the Fernside Boulevard Extension and he felt the hearing was premature
Stewart Palmer, 1608 Fernside Boulevard, spoke in support of Mr. Breitkooe's
position.
Charles Tuder, Assistant Superintendent of Alameda Unified School District,
stated he was not speaking either in favor or opposition in the hearing
and requested that the School District have the opportunity to review the appraisal.
3/1,8/80
Ray Hutton, 3109 Marina Drive, representing Aeolian Yacht Club, stated he
was not adverse to the matter being heard this evening but he did feel an
Environmental Impact Report should have been prepared on the Fernside Boulevard
Extension.
President Corica declared the public portion of the hearing closed.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
resolution of necessity authorizing acquisition of property for extension of
Fernside Boulevard be considered out of order; the motion carried by
unanimous voice vote - 5.
RESOLUTIONS
80 -224 Resolution No. 9263, "Resolution of Necessity authorizing the
acquisition of certain property for the extension of Fernside Boulevard and
finding that the public interest and necessity require the proposed property,
that the location thereof causes the least private injury, that the subject
property is necessary for the proposed project, and that areas designated
as "Excess" are remnant parcels."
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, Stone, Tillman and President Corica - 5.
Noes: None. Absent: None.
HEARINGS
80 -225 Hearing regarding the relationship between Madison Street, San Jose Avenue,
Adams Street, Washington Street, Fillmore Street, and Calhoun Street to
Fernside Boulevard Extension.
The Planning Director stated that the Planning Board had considered the
relation of the streets to the Fernside Boulevard Extension and on February 11,
1980, and recommended as follows:
1. That Calhoun and Fillmore Streets be closed to Fernside.
2. That all the other streets between Encinal and Fernside be left
open and that the median strip be cut through for San Jose and
Washington.
President Corica explained the procedures to be used in the hearing.
On the call for proponents in favor of the Planning Board decision, the
following persons spoke:
Joseph Sullivan, 3221 Liberty Avenue
Pete Bongioni, 3201 Thompson Avenue
Joe McGill, 3257 Madison Street
On the call for opponents in opposition to the Planning Board decision, the
following persons spoke:
John Barni, 1277 Bay Street
Catherine Denigan, 1404 Fernside Boulevard
Bob Wood, Planning Board Member
3/18/80
President Corica declared the public portion of the hearing closed.
After Council discussion, Councilman Diament made a motion, seconded by
Councilman Stone, that the Planning Board recommendations as previously
stated by the Planning Director be approved; the motion carried by unanimous
voice vote - 5.
REPORTS AND RECOMMENDATIONS
80 -226. From President of the Recreation Commission regarding Senior Center site
selection.
Lance Russum, Chairman of the Recreation Commission, stated that the
Recreation Commission recommends that the entire Mastick School facility be
designated as site for a Senior Citizen Center, that an agreement be negotiated
for a twenty -year lease with Alameda Unified School District, and that the
City consider purchasing the property for a permanent Senior Center location.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Tillman, that the Council approve the recommendations of the
Recreation Commission and instruct staff to enter into negotiations with Alameda
School District to obtain Mastick School as a Senior Center site; the motion
carried by unanimous voice vote - 5.
Councilman Tillman requested that a "Hall of Fame" be placed in the Senior
Center in recognition of people who have worked many years to establish a
Senior Center. He requested that the following persons be named in the
"Hall of Fame" and possibly others to be designated at a later date:
Anne Diament
Carrie Dodd
Clarence Day
Sig Bray
Laurie Hildebrand
Bea Rowney
Lucille Harrison
Vivian Bailey
Sig Bray recommended that Councilman Tillman also be included in the
"Hall of Fame."
Councilman Diament requested that Robert Wonder, Assistant to City Manager,
also be included in the "Hall of Fame." and expressed appreciation to
Mr. Wonder for the work he has done on the Senior Center.
The City Manager stated that a program will be in progress at Mastick School
for seniors by July 1, 1980.
Councilman Tillman recommended that the Senior Center facility be called
Mastick Senior Center inasmuch as E.B. Mastick was active in community activities
and members of the Mastick family still reside in the City of Alameda.
3/18/80
80 -227 From City Manager on the recommendations of the Council Ad Hoc
Committee on City Hall Renovations relative to allocation of space at City Hall.
Councilman Diament stated that City Hall is a Historical Landmark and suggested
that the City attempt to obtain a grant from the Historic Society for renovation.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
City Manager be authorized to explore the possibility of obtaining consultant
services to review structural aspects of City Hall and directed the City
Manager to submit recommendation to Council regarding funding for consultant;
the motion carried by unanimous voice vote - 5.
Gerhard Degeman, 304 Sand Beach Road, recommended that City Hall be placed
on the National Historical Monument List.
80 -228 From City Manager regarding the sale of the Otis /Willow property.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Stone, that the following recommendations of the City Manager be
approved:
1. Direct the City Manager to offer the property to the Alameda
Housing Authority and the East Bay Regional Park District at
market value.
2. Authorize the City Manager to sell the property to Harbor
Bay Isle Associates with the requested contingency regarding
change of zoning.
3. If the rezoning of the property does not occur, authorize
the City Manager to pursue the disposal of the property
to an appropriate public entity for a public use. This would
be subject to review and approval by the Council.
The motion carried by unanimous voice vote - 5.
Councilman Tillman requested the City Manager to inform the South Shore
Homeowners' Association of the Council action.
The following persons spoke regarding the proposed sale of the Otis /Willow
property:
Joseph Sullivan, 3221 Liberty Avenue
Joe McGill, 3257 Madison Street
80 -229 From City Manager submitting recommendations on actions relative to
CABLE TV.
Councilman Stone recommended that the City contact persons interested in
establishing CABLE TV for proposals and obtain consultant services after
proposals are received.
3/18/80
After Council discussion, Councilman Tillman made a motion, seconded by
Councilman Sherratt, as follows:
1. That the following five criterion outlined in the City Manager's
report of March 12, 1980 be accepted.
a. Programming which will not only provide entertainment
but will also be directed at informing and educating
the public.
b. A reasonable franchise fee.
c. A local studio which can be used to produce local public
interest television.
d. An acceptable pole agreement with the Bureau of Electricity
and Pacific Telephone and Telegraph.
e. A reasonable method for controlling the quality of programming
provided.
2. Directed that Bill No. 699 regarding regulatory matters relative to
CABLE TV be investigated.
3. Authorized the City Manager to begin process of checking into
possibility of obtaining consultant services relative to CABLE TV.
4. Directed that a public hearing be scheduled to obtain input from
citizens of Alameda.
The motion carried by unanimous voice vote - 5.
80 -230 From Assistant to City Manager regarding prospective sale of property
at 1317 Pacific Avenue.
Dave McEntire, 1000 Paru Street, stated that repairs to the existing structure
were probably more extensive than indicated in the staff report.
After Council discussion, Councilman Diament made a motion, seconded by
Councilman Sherratt, that the following recommendations in the report from
Assistant to the City Manager be approved:
1. Authorize the sale of 1317 Pacific Avenue through a
sealed bid process;
2. Authorize a deed restriction regarding the Section 8 program;
3. Establish a minimum selling price of $90,000; and
4. Authorize staff to prepare the necessary documents /procedures
for implementing the above.
3/18/80
The motion carried by unanimous voice vote - 5.
RESOLUTIONS
80 -231 Resolution No. 9264, "Amending Resolution No. 9223 and No. 9225 to
provide that the Office of City Treasurer shall be appointive by the City
Manager, subject to approval by the City Council, rather than elective."
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
resolution be adopted; the motion carried on the following roll call vote:
Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5.
Noes: None. Absent: None.
UNFINISHED BUSINESS
80 -232 Councilman Stone referred to a letter from Bay Conservation Development
Commission (BCDC) regarding application to construct a recreation club and
public access at Tract 3773 at Harbor Bay Isle and inquired whether the City
Manager had communicated with BCDC.
The City Manager stated that he had written a letter to BCDC and a meeting
would be held next week.
80 -233 Councilman Tillman stated that he had referred to a covenant with
Harbor Bay Isle at the March 4, 1980, Council meeting relative to the committment
to build no more than 3200 units and inquired whether any action had been taken.
The City Manager stated that he had communicated with Harbor Bay Isle by
telephone and informed them that the City would want a covenant before
considering any further development.
Councilman Tillman stated that the pavement on Island Drive where East Bay
Municipal Utility District has been doing some work has not been repaired
although it was brought to staff's attention some time ago.
NEW BUSINESS
80 -234 Councilman Stone referred to a notice issued by the Corps of Engineers
dated March 12, 1980, and expressed her concern that construction of the dock
would not require a Use Permit from the City inasmuch as the Council had
recently adopted an amendment to the Zoning Ordinance eliminating that
requirement.
The Planning Director stated that this dock was not in the "0" zone, and he
had advised the applicant that a Use Permit is required and directed a staff
member to write to the Corps of Engineers.
80 -235 President Corica recommended that two Councilmembers be appointed as
ex- officio members of the Housing Authority in order to improve lines of
communication.
Councilman Sherratt made a motion, seconded by Councilman Stone, that Mayor
Corica contact the Housing Authority to see how they would feel about two
3/18/80
Councilmembers being appointed as ex- officio members of the Housing Authority;
the motion carried by unanimous voice vote - 5.
Councilman Sherratt referred to an agenda for the Mayor's Committee for the
Handicapped for the Meeting of March 10, 1980, and noted that an item
listed on the agenda was a letter to Alpha Beta concerning accessibility
and requested that the Council be advised whether they are taking positions
regarding adequate accessibility.
President Corica stated that he would follow up on the matter.
ADJOURNMENT
80 -236 Councilman Sherratt made a motion, seconded by Councilman Diament,
that the Council adjourn to an Executive Session for discussion of personnel
and litigation matters; the motion carried by unanimous voice vote - 5.
At the conclusion of discussion, President Corica ordered the regular meeting
reconvened.
80 -237 Councilman Sherratt made a motion, seconded by Councilman Diament,
that settlement of the following Workman Compensation claims be approved;
1.
2.
16,200 to Harold Vargas.
3,307.50 to George Filipelli.
The motion carried by unanimous voice vote - 5.
There being no further business to come before the meeting, the Council
adjourned at 11:15 p.m., to assemble in regular session at 7:30 o'clock
p.m., Tuesday, April 1, 1980.
Respectfully submitted,
DEEN SPEEGLE
City Clerk
3/18/80