1980-05-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY MAY 6, 1980
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of
Allegiance was led by Councilman Tillman. The Invocation was given by Rabbi
Gunther Gates, Temple Israel.
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 April 15, 1980, be approved as submitted;
the motion carried by unanimous voice vote - 4.
CONSENT CALENDAR
Councilman Sherratt made a motion, seconded by Councilman Diament, that all
of the following items on the Consent Calendar be approved; 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
*80-300 From Secretaryof Planning Board requesting that a hearing date of
Tuesday, May 20, 1980, be scheduled regarding Tentative Map for Tract 4467.
The Council set the hearing date of Tuesday, May 20, 1980.
*80-301 From City Manager regarding the status of Comprehensive Employment
Training Act (CETA) monies. Accepted.
*80-302 From City Manager concerning vandalism at Franklin Park. Accepted.
*80-303 From City Manager recommending that City Hall be designated as a National
Historical Monument. Approved.
RESOLUTIONS
*80-304 Resolution No. 9280, "Consent to cancellation of uncollected City taxes,
penalties and costs based on the consent of the County Legal Adviser." Adopted.
INTRODUCTION OF ORDINANCES
*80-305 Ordinance No. 2008, New Series, "Amending the Alameda Municipal Code
by adding Subsection (30) to Section 1/-344.1 thereof relating to twenty-four
minute parking limit (Emergency)." Emergency ordinance introduced and finally
adopted.
May 6, 1980
*80 -306 Ordinance No. , New Series, "Authorizing grant of easement for
public purposes to Pacific Gas and Electric Company (Tidelands Easement)." Passed
to print.
FINAL PASSAGE OF ORDINANCES
*80 -307 Ordinance No. 2009, New Series, "Amending the Alameda Municipal Code
by adding Subsection (f) to Section 2 -539 thereof to clarify employees' nonentitlement
to sick leave for injury arising in course of employment with City." Finally
adopted.
BILLS
*80 -308 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of $314,840.42.
RETURN TO REGULAR AGENDA
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
resolutions appointing members to the Civil Service Board be considered out
of order at this time;the motion carried by unanimous voice vote - 4.
RESOLUTIONS
80 -309 Resolution No. 9281, "Appointing Member of the Civil Service Board
(Tom D. Paddison)."
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.
Upon request, the Clerk administered the oath of office to Mr. Paddison.
80 -310 Resolution No. 9282, "Appointing Member of the Civil Service Board
(Louis A. Shannon)."
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.
Upon request, the Clerk administered the oath of office to Mr. Shannon.
WRITTEN COMMUNICATIONS
80 -311 From Alameda Unified School District, signed by Superintendent Clarence R.
Kline, regarding finalization of documents relative to lease of the Mastick
School site as a Senior Center.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
communication be accepted and staff directed to finalize documents for Council
consideration; the motion carried by unanimous voice vote - 4.
80 -312 From Link Robinson Construction Company, Inc., signed by Robert L. Robinson,
requesting refund of fees in the amount of $2,926.00 paid in connection with
a Building Permit issued for construction of a combination office /apartment
building which was not constructed.
May 6, 1980
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
communication be accepted and referred to staff for investigation and report
back to Council; the motion carried by unanimous voice vote - 4.
80 -313 From Robert W. Zimmerman, 815 Grand Street, regarding building of apartment
houses and assurance that the Charter Amendment relative to building of multiple
dwelling units be upheld.
President Corica noted that staff had investigated the buildings referred to
by Mr. Zimmerman, and the provisions of Measure A were not being violated.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
communication be accepted; the motion carried by unanimous voice vote - 4.
80 -314 From Joseph E. Spott University Board of Regents requesting to address
the Council regarding implementation of a Rape Prevention Program.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
communication be accepted and referred to the Police Department for a recommendation
back to Council; the motion carried by unanimous voice vote - 4.
President Corica noted that funds may not be available from the Law Enforcement
Assistance Act for next fiscal year.
80 -315 From Gerhard W. Degemann, 304 Sand Beach Road, regarding youth participation
in local government.
Mr. Degemann spoke in support of more involvement of youth in local government.
President Corica noted that several youth organizations participate in government,
and that the Council has supported and will continue to support youth participation.
80 -316 From Sofian Qutob, 901 Santa Clara Avenue, requesting to continue to
use the existing free standing pole sign at the corner of 9th Street and Santa
Clara Avenue.
The City Manager stated there are still some outstanding issues and recommended
the matter be referred to staff.
Mr. Qutob stated he was prepared to cooperate to resolve the matter.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
communication be accepted and referred to staff to resolve the issues and
report back to the Council; the motion carried by unanimous voice vote - 4.
80 -317 From the Alameda Victorian Preservation Society, submitting petition
with 27 signatures, in support of the goals of the Historic Preservation Element
and requesting that May 11 - 17, 1980, be designated as "Preservation Week in
Alameda."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
communication be accepted and the request for a proclamation granted; the motion
carried by unanimous voice vote - 4.
President Corica stated that the proclamation had been prepared and would be
forwarded to the Alameda Victorian Preservation Society.
May 6, 1980
HEARINGS
80 -318 Hearing regarding preliminary application for the Sixth Year Housing
and Community Development Act (HCDA) Funds.
The City Manager noted that HUD has indicated the submittal must be targeted
toward housing for moderate and low- income persons and that this was the second
hearing on the application. He further stated that the application emphasizes
conversions of certain buildings and facilities not currently used for housing
and includes a substantial rehabilitation program.
President Corica stated that there had been considerable input from citizens
on the application and called for persons interested in speaking.
There being no speakers, President Corica declared the public portion of the
hearing closed.
After Council discussion, Councilman Sherratt made a motion, seconded by Councilman
Diament, that the HCDA application not include proposals that could result in
density exceeding the limits contained in Measure A; the motion carried by unanimous
voice vote - 4.
Councilman Sherratt stated he was not comfortable with the proposal to convert
facilities in commercial districts to housing units without knowing the areas
involved, and particularly where parking requirements are waived.
The City Manager stated that the application would be submitted to HUD in June,
and a map showing the units to be considered for conversion to housing would
be before the Council for review prior to the submittal.
After further Council discussion, Councilman Tillman made a motion, seconded
by Councilman Diament,that the resolution approving the application be considered
out of order; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Tillman, and President Corica - 3. Noes: Councilman Sherratt - 1.
Absent: Councilman Stone - 1.
RESOLUTIONS
80 -319 Resolution No. 9283, "Authorizing submission of application to U.S.
Department of Housing and Urban Development for funds under the Housing and
Community Development Block Grant Program (Sixth Year HCDA)."
Councilman Diament made a motion, seconded by Councilman Tillman, that the resolution
be adopted; the motion carried by the following roll call vote: Ayes: Councilmen
Diament, Tillman, and President Corica - 3. Noes: Councilman Sherratt - 1.
Absent: Councilman Stone - 1.
HEARINGS
80 -320 Hearing on the proposed Historic Preservation Element of the General
Plan and a review of the Negative Declaration.
President Corica expressed to staff, the Historical Advisory Commission, and
other volunteers appreciation for their work in developing the Element.
May 6, 1980
The Planning Director stated the purpose of the Element was to preserve the
City's architectural heritage, and the Planning Board approved the Negative
Declaration and recommended adoption of the draft Historic Preservation Element,
to include revisions recommended by the Historical Advisory Commission in their
communication dated April 8, 1980.
President Corica explained the procedures to be used in the hearing and called
for proponents, persons in favor of adoption of the Negative Declaration and
the Historic Preservation Element.
The following persons spoke in support of the Housing Element:
Penelope Brewer, Chairman of the Historical Advisory Commission
Gary Knecht, 2904 Lincoln Avenue
On the call for opponents, there were no speakers.
Councilman Sherratt made a motion, seconded by Councilman Diament, that Item No. 12
and Item No. 14 (f) on Page 4 of the Negative Declaration be changed from the
"Maybe" classification to the "No" classification under the environmental determinations;
the motion carried by unanimous voice vote - 4.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
revisions recommended in the communication from the Historical Advisory Commission
dated April 8, 1980, be incorporated in the final draft; the motion carried
by unanimous voice vote - 4.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
Negative Declaration be adopted subject to the abovementioned revisions; the
motion carried by unanimous voice vote - 4.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
Historic Preservation Element be adopted; the motion carried by unanimous voice vote - 4.
Councilman Sherratt made a motion, seconded by Councilman Tillman, that the
resolution adopting the Historic Preservation Element be considered out of order;
the motion carried by unanimous voice vote - 4.
RESOLUTIONS
80 -321 Resolution No. 9284, "Amending the Comprehensive General Plan of the
City of Alameda by adopting the Historic Preservation Element thereof and reviewing
the Negative Declaration for said Element."
Councilman Sherratt made a motion, seconded by Councilman Tillman, 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.
Councilman Diament read and filed a letter from the League of Women Voters in
support of the Historic Preservation Element, dated May 6, 1980.
HEARINGS
80 -322 Hearing in the matter of the dilapidated building located at 1807 Santa
Clara Avenue.
May 6, 1980
The Chief Building Inspector presented photographs of the building at 1807 Santa
Clara Avenue and stated that the building, owned by Theodore Klaiber, had been
badly burned on February 18, 1979, and few if any repairs had been made. He
further stated that the Building Department had been unsuccessful in obtaining
permission to enter the building and noted that notices of this hearing had
been sent to Mr. Klaiber and his attorney and posted on the property and the
affadavit filed with the City Clerk. He also recommended that the property
be declared a nuisance and hazard.
President Corica explained the procedures to be used in the hearing and called
for proponents in favor of the staff recommendation.
There being no proponents, he called for opponents.
Don Curran, attorney for the owner, estimated it would require approximately
$100,000 to rehabilitate the building and stated he had been awarded monies
from an insurance policy to make a decision as to what is in the best interests
regarding restoration or reconstruction. He stated the monies available would
not be sufficient to repair the interior but felt it could be made safe for
entry and the roof replaced. He further stated that it had been determined
that the property has value and has been placed for sale.
The City Manager noted that the insurance money available is $31,000.
Mr. Bruce Quan, acting for the City Attorney, stated that the owner would have
30 days to make progress before the City would take further action, and that
the 30 days could be extended by the Council.
Penelope Brewer, Chairman of the Historical Advisory Commission, stated the
Commission would be willing to work with the owner in rehabilitation efforts.
John Mitcheom, 1319 High Street, spoke regarding the possibility of purchasing
the property.
After Council discussion, Councilman Tillman made a motion, seconded by Councilman
Diament, that the structure be declared a nuisance, to continue with abatement
proceedings, and the relative resolution be considered out of order; the motion
carried by unanimous voice vote - 4.
RESOLUTIONS
80 -323 Resolution No. 9285, "Declaring structure located at 1807 Santa Clara
Avenue a public nuisance, directing owner thereof to abate same by reconstruction,
repair or razing, and notifying owner if not abated, City Building Inspector
will raze or remove said structure and cause expenses thereof to be made a lien
on real property from which it was removed or razed."
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.
REPORTS AND RECOMMENDATIONS
80 -234 From Chairman of the Historical Advisory Commission requesting the Council's
affirmative support in requesting additional State funding to complete the last
part of the historical survey work, Phase II.
May 6, 1980
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
request be approved and the report accepted; the motion carried by unanimous
voice vote - 4.
80-325 From Chairman of the Recreation Commission requesting Council endorse-
ment of Proposition 1, the Parkland and Renewable Resources Program Bond Issue,
on the June 3, 1980, ballot.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
Council endorse Proposition 1; the motion carried by unanimous voice vote -
4
80-326 From Chairman of the Recreation Commission recommending that the new
park to be opened on Bay Farm Island be named Mecartney Park.
Councilman Sherratt recommended that the park be named after a living person
or a person from the recent past inasmuch as a road on Bay Farm Island had been
named Mecartney Road. He suggested perhaps Abe Kofman, Bill McCall, Geraldine
Leydecker, or Lil Arnerich could be considered.
After Council discussion, Councilman Sherratt made a motion, seconded by Councilman
Diament, that the matter be referred to the Recreation Commission for consideration
of naming the new park after a living person or a person from the recent past
and that Abe Kofman be considered; the motion carried by unanimous voice vote -
4
80-327 From City Manager submitting additional concerns expressed by the Mayor's
Committee for the Handicapped regarding accessibility of buildings.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
letters regarding concerns of the Handicapped Committee be held over to May 20,
1980, in order to obtain additional information; the motion carried by unanimous
voice vote - 4.
Josephine Bixler, Chairperson of the Handicapped Committee, stated the Committee
would furnish the Council additional information before the next meeing.
80-328 From City Manager regarding status of Federal Aid Urban (FAU) funding
relative to the Patton Way Project.
President Corica stated that more information may be available after the May 14,
1980 meeting of the Alameda County Mayors' Conference as that subject will be
discussed.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
report be accepted; the motion carried by unanimous voice vote - 4.
RESOLUTIONS
80-329 Resolution No. 9286, "Authorizing Willie Stargell Day Parade and route
therefor in the City of Alameda."
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.
May 6, 1980
80 -330 Resolution No. 9287, "Authorizing execution of architectural services
agreement with Italo A. Calpestri, III for the Mastick Senior Center."
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.
80 -331 Resolution No. 9288, "Endorsing formula for distribution of Parklands
and Renewable Resources Investment Program Bond Act Funds (Proposition 1, June 3,
1980, ballot)"
Councilman Diament 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.
INTRODUCTION OF ORDINANCES
80 -332 Ordinance No. , New Series, "Amending the Alameda Municipal Code
by adding Article 6 to Chapter 9 of Title X thereof relating to interim review
of older buildings by the Historical Advisory Commission.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
ordinance be introduced and passed to print.
Penelope Brewer, Chairman of the Historical Advisory Commission, stated that
the ordinance defines older buildings and provides that the Commission be advised
when applications are received for demolition permits.
Russ Sisung, Member of the Historical Advisory Commission, spoke on the matter.
President Corica recommended that the ordinance be withdrawn and requested additional
information as to other ordinances in effect.
Councilman Sherratt withdrew his previous motion.
Countilman Tillman made a motion, seconded by Councilman Sherratt, that the
ordinance be withdrawn in order to obtain additional information; the motion
carried by unanimous voice vote - 4.
UNFINISHED BUSINESS
80 -333 Councilman Sherratt stated that the State and County had recently passed
legislation regulating sale of drug paraphernalia and requested the City Attorney
to prepare an ordinance for placement on the next agenda, or as soon as possible,
for Council consideration.
80 -334 Councilman Diament stated that MDS is conducting television operations, that
no business license has been issued, and requested the City Manager to investigate.
The City Manager stated he would discuss the matter with the City Attorney as
to possible actions that may be taken.
May 6, 1980
NEW BUSINESS
80 -335 Councilman Tillman stated he would resign from his position as Councilman
effective at the close of this Council meeting and read two communications,
copies of which were submitted to the Council, relating to his resignation.
President Corica recommended that the Council not accept Councilman Tillman's resignation
and suggested that he take time to reconsider.
Councilmen Diament and Sherratt spoke in support of President Corica's recommendation.
The following persons spoke in favor of Councilman Tillman remaining on the
Council:
Archie Waterberry, 338 Beach Road
John Mitcheom, 1319 High Street
Joseph Sullivan, 3221 Liberty Avenue
ORAL COMMUNICATIONS, GENERAL
80 -336 Joseph Sullivan, 3221 Liberty Avenue, requested that the City Attorney
respond to him in writing regarding the discussion at the meeting of April 15,
1980 relative to "Tie Votes."
President Corica stated that the City Attorney would comply with his request
for a written communication.
80 -337 Councilman Sherratt noted that Planning Director, Don Patterson, is
leaving the City and commended him for his accomplishments while working for
the City.
Councilman Sherratt made a motion, seconded by Councilman Diament, that a resolution
commending Don Patterson for his services be prepared and placed on the agenda
of May 20, 1980; the motion carried by unanimous voice vote - 4.
ADJOURNMENT
80 -338 Councilman Tillman requested that the Council adjourn in tribute to
the memory of Edith 1<. Mobley.
80 -339 Councilman Sherratt made a motion, seconded by Councilman Diament, that
the Council adjourn to an Executive Session for a discussion of litigation
and personnel matters; the motion carried by unanimous voice vote - 4.
The Council adjourned to Executive Session in tribute to the memory of Edith K.
Mobley.
At the conclusion of discussion in Executive Session, 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 11:30 p.m., to assemble in regular session on Tuesday, May 20, 1980, at 7:30
o'clock p.m.
May 6, 1980
Respectfully submitted,
DEEN SPEEG
City Clerk