1980-05-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY MAY 20, 1980
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance
was led by Councilman Diament. The Invocation was given by Father Bosch, St.
Barnabas Catholic Church.
ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President
Corica - 5. Absent: None.
MINUTES
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
Minutes of the regular Council meeting of May 6, 1980, be approved as submitted;
the motion carried by following roll call vote: Ayes: Councilmen Diament,
Sherratt, Tillman, and President Corica - 4. Noes: None. Abstaining: Councilman
Stone - 1.
CONSENT CALENDAR
President Corica stated that the report from Burton Crowell regarding Patton Way and
the resolution authorizing agreement with DKS Associates relative to Patton
Way would be withdrawn and discussed separately and that the hearing date relating
to condominium conversions would be set for June 17, 1980.
REPORTS AND RECOMMENDATIONS
80-342 From Burton Crowell, Project Coordinator, concerning the status of
Patton Way.
Mr. Crowell stated that the environmental documents have been prepared and
are available for staff review and that the project is currently on schedule.
Councilman Tillman requested that costs incurred to date be included in the
next Status'report on Patton Way.
Russell Sisung, 221 Santa Clara Avenue, spoke regarding the costs for Patton
Way Project.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
report be accepted; the motion carried by unanimous voice vote - 5.
RESOLUTIONS
80-343 Resolution No. 9289, "Authorizing execution of agreement with DKS
Associates for professional services in connection with design of Patton Way."
Russell Sisung, 221 Santa Clara Avenue, inquired as to the costs for consultant
services.
The City Manager stated that the "not to exceed" cost would be 5208,000 and
would be paid from gas tax funds.
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.
Nn'es: None. Absent: N0De,
May 20, 1980
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
remaining items on the Consent Calendar 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.
Items so enacted, approved, or adopted will be indicated by an asterisk ( *).
REPORTS AND RECOMMENDATIONS
*80 -344 From Acting Secretary of the Planning Board requesting that a hearing
be scheduled Tuesday, June 3, 1980, to consider an amendment to the Alameda
Municipal Code relating to conversions to multiple houses (condominium conversions).
At the request of Councilman Tillman, the Council set the hearing date of Tuesday,
June 17, 1980.
*80 -345 From City Manager submitting status report on replacement of parking
meter heads in Parking Lot C. Accepted.
*80 -346 From City Engineer recommending authorization of a refund in the amount
of $2,926.00 to Link Robinson Construction Company for unused fees paid for
a permit to construct an office /apartment complex which was never constructed.
Approved.
*80 -347 From City Engineer recommending that a six -month extension of time
be granted from March 21, 1980, to September 21, 1980, to Harbor Bay Isle for
completion of improvements in Tract 3645. Approved.
RESOLUTIONS
*80 -348 Resolution No. 9290, "Accepting from Southern Pacific Transportation
Company an easement across its right -of -way for sanitary sewers serving Alameda
Marina Village and authorizing execution of said easement." Adopted.
*80 -349 Resolution No. 9291, "Adopting specifications, special provisions
and plans for minor street patching with asphalt concrete; repair of Portland
cement concrete sidewalk and driveway; and installation of house laterals,
for the fiscal year ending June 30, 1981, calling for bids and directing City
Clerk to advertise same." Adopted.
*80 -350 Resolution No. 9292, "Calling for bids for legal advertising for
the City of Alameda for the Fiscal Year 1980 -81." Adopted.
FINAL PASSAGE OR ORDINANCES
*80 -351 Ordinance No. 2010, New Series, "Authorizing grant of easement for
public utility purposes to Pacific Gas and Electric Company (Tidelands Easement)
(Emergency)." Finally adopted emergency ordinance.
BILLS
*80 -352 An itemized list of claims, certified by the City Manager as correct,
was approved in the amount of $141,409.53.
May 20, 1980
FILING
*80 -353 Bureau of Electricity Financial and Operating Report for period ending
March 31, 1980.
Agreement with DKS Associates relative to Patton Way.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
80 -354 From Margaret Jenkins, 1529 Santa Clara Avenue, regarding possible
minor variance concerning a fence located in the public right of way at that
location.
Mrs. Jenkins requested that her son -in -law speak in her behalf.
Alfred Hibler, 1098 Versailles, spoke regarding information received from the
Building Department and previous events which have occurred relating to the
fence.
Councilman Sherratt made a motion, seconded by Councilman Tillman, that the
matter be referred to the City Engineer for investigation of allegations in
the letter from Mrs. Jenkins, the possibility of granting a minor variance
for the fence, and that a report be provided to Council as soon as possible;
the motion carried by unanimous voice vote - 5.
80 -355 From Edith Julian, #7 Garden Road, regarding noise made by sweepers
at the Harbor Bay Isle shopping center.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
City Manager be directed to write to the developer to find out what actions
can be taken regarding the noise of the street sweepers; the motion carried
by unanimous voice vote - 5.
80 -356 From Harbor Bay Isle, signed by Ronald H. Cowan, requesting that the
Council resolve the use and design of land along the bay edge in Tract 4500.
President Corica stated that a letter had been received from the Alameda Unified
School District requesting that the matter be reviewed by the Board of Education
before the Council takes action, and if necessary, a joint meeting of the Board
of Education and the Council be scheduled. He further stated that the Planning
Board and Recreation Commission had also requested an opportunity for review.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the City
Manager forward reports and documents relative to use of land along the bay
edge in Tract 4500 to the Board of Education and that the matter be considered
June 17, 1980, if possible; the motion carried by unanimous voice vote - 5.
Lance Russum, Chairman of the Recreation Commission, stated that the Recreation
Commission also wished to discuss this issue before Council takes action.
President Corica requested the City Manager to notify the Planning Board and
Recreation Commission that they would have an opportunity to review the matter
and to furnish them copies of the related documents.
May 20, 1980
Councilman Sherratt referred to a memo from the Recreation and Parks Director
regarding possible requirements of BCDC relating to Tract 4500 and requested
a legal opinion prior to hearing this matter again.
80 -357 From Ponderosa Homes, signed by Richard Ewin, requesting an extension
of time for six months from May 3, 1980, to November 3, 1980, to complete improve-
ments in Tract 3883.
President Corica stated that this item would be withdrawn inasmuch as the developer
had requested time to resolve bonding and would be rescheduled on the agenda
of June 3, 1980.
80 -358 From Ponderosa Homes, signed by Richard Ewin, requesting an extension
of time for six months from January 17, 1980, to July 17, 1980, to complete
improvements in Tract 3865.
President Corica stated that this item would be withdrawn inasmuch as the developer
had requested time to resolve bonding and would be rescheduled on the agenda
of June 3, 1980.
80 -359 From Ponderosa Homes, signed by Richard Ewin, requesting an extension
of time for one year from May 17, 1980, to May 17, 1981, to complete improvements
in Tract 3904.
President Corica stated that this item would be withdrawn inasmuch as the developer
had requested time to resolve bonding and would be rescheduled on the agenda
of June 3, 1980.
80 -360 From Rosalie B. McPherson, 1128 Marianas Lane, requesting to address
the Council regarding the status of the EDA Grant Application (Business Park
Infrastructure, Tract 4500).
Ms. McPherson read a letter from Congressman Stark regarding the proposed EDA
application and stated there appeared to be some confusion as to the status
of the proposed application.
The City Manager stated that the City has not filed an application for EDA
funds for the Business Park Infrastructure in Tract 4500 to date and that such
an application would be subject to thorough staff review and approval by the
City Council.
Jim Epperson, 3231 Santa Cruz Lane, expressed his concerns regarding the proposed
street connections contained in the Environmental Impact Report which was approved
by Council on April 1, 1980.
The City Manager stated that the matter of actual street connections would
go through the planning process, and public hearings would be held. He further
stated that the request of the developer on April 1, 1980, was for a threshold
environmental determination that if those street connections were made there
is sufficient environmental information already completed to evaluate the impact.
Councilman Sherratt requested that presidents of all homeowners' associations
on Bay Farm Island be notified of the hearings relative to the street connections
by certified letter or hand delivered letter.
May 20, 1980
Joseph Sullivan, 3221 Liberty Avenue, stated he submitted a letter on April 1,
1980, expressing his views regarding EDA monies and requested the Council to
review his letter.
HEARINGS
80 -361 Hearing for consideration of Tentative Map for Tract 4467, new construction
of ten condominium units, at 4th Street, Pacific Avenue, and Marshall Way.
Applicant: Roma Development, Inc.
The Acting Planning Director stated that the Planning Board approved the Tentative
Map for Tract 4467 at their meeting of April 14, 1980, subject to four conditions
and five findings outlined in the report from Secretary to the Planning Board
dated April 24, 1980.
President Corica outlined the procedures to be followed in the hearing and
called for proponents in support of approval of Tentative Map for Tract 4467.
The following persons spoke in favor of approval:
Ron Curtis, Roma Development, Inc.
Russell Sisung, 221 Santa Clara Avenue.
On the call for opponents, there were no speakers.
President Corica ordered the public portion of the hearing closed.
Councilman Sherratt made a motion, seconded by Councilman Tillman, that the
Tentative Map for Tract 4467 be approved subject to the conditions and findings
of the Planning Board and that the resolution be considered out of order; the
motion carried by unanimous voice vote - 5.
RESOLUTIONS
80 -362 Resolution No. 9293, "Approving Tentative Map for Tract 4467, a condominium
subdivision of property at Fourth Street, Pacific Avenue and Marshall Way,
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 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.
REPORTS AND RECOMMENDATIONS
80 -363 From Mayor's Committee for the Handicapped submitting information regarding
concerns as to accessibility of buildings.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the City
Manager be directed to write letters regarding accessibility to the handicapped
at 2111 Whitghall Place and 2117 South Shore Center; the motion carried by
unanimous voice vote - 5.
May 20, 1980
80-364 From Chairman of Recreation Commission regarding park land in Tract
3810 and open space in Tract 4500 on Bay Farm Island.
President Corica noted that this report had been discussed at the same time
as the written communication regarding Tract 4500.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
report be accepted; the motion carried by unanimous voice vote - 5.
80-365 From Chairman of Recreation Commission concerning naming of the new
park on Bay Farm Island.
Lance Russum, Chairman of the Recreation Commission, stated that the Commission
unanimously approved naming the new park on Bay Farm Island the Geraldine T. Leydecker
Park and stated that Mrs. Leydecker had dedicated many years to the City of
Alameda in the field of recreation and parks.
Councilman Sherratt made a motion, seconded by Councilman Tillman, that the
report be accepted and the new park on Bay Farm Island be named the "Geraldine T.
Leydecker Park the motion carried by unanimous voice vote - 5.
80-366 From City Engineer recommending approval of a Revocable Permit for
a sign at 901 Santa Clara Avenue to encroach approximately 18 inches into the
public right-of-way.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
recommendation of the City Engineer be approved; the motion carried by unanimous
voice vote - 5.
80-367 From City Engineer recommending that an extension of time for six months
from May 4, 1980, to November 4, 1980, be granted to Harbor Bay Isle for completion
of improvements in Tract 3634.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
extension of time be granted; the motion carried by unanimous voice vote -
5.
RESOLUTIONS
80-368 Resolution No. 9294, "Commending Don E. Patterson for his accomplishments
and years of service as Planning Director of the City of Alameda."
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.
80-369 Resolution No. 9295, "Approving recommendations of the Public Utilities
Board for a proposed Solid-Waste-Fired Electric Generating Station."
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.
UNFINISHED BUSINESS
80-370 Councilman Diament requested that the report from the Ad Hoc Efficiency
Committee regarding the Corporation Yard be placed on the agenda of June 3,
1980.
May 20 , 1980
80 -371 Councilman Stone inquired whether the Ad Hoc Efficiency Committee has
its full quota of members.
The City Manager stated he would provide the information at the next meeting.
80 -372 Councilman Diament stated she was concerned as to the condition of
Brush Street between the park and Third Street.
The City Engineer stated that maintenance forces have been directed to fill
the pot holes at that location.
80 -373 Councilman Diament inquired as to the status of moving City offices
into City Hall.
The City Manager stated that the Advance Planning and Design Review staff have
been located in City Hall, and staff is currently working on improving the
space near the door as you enter the building on the first floor which will
probably be used as work space for the Council.
NEW BUSINESS
80 -374 Councilman Tillman stated that the Corps of Engineers will be making
a presentation regarding South Shore Beach at the Kiwanis luncheon on Wednesday,
May 21, 1980, and invited interested persons to attend.
80 -375 Councilman Stone stated that she had received complaints that adult
entertainment literature was on display at Landmark Liquor Store in easy view
of school children and requested the City Manager to investigate.
80 -376 Councilman Sherratt stated that he and the Assistant City Manager had
attended a convention on Cable Television in Dallas and that the technology
has become very sophisticated and will soon be at a point that the cable system
can provide burglar and fire alarms for homes. He further stated that obtaining
the proper consultant for the City regarding Cable Television would be very
important.
ORAL COMMUNICATIONS, GENERAL
80 -377 Josephine Bixler, Chairperson of the Mayor's Committee for the Handicapped,
stated that Alpha Beta had made their store accessible to the handicapped and
inquired whether the theater at South Shore had been contacted regarding accessibility
to the handicapped.
President Corica requested that the Handicapped Committee and the City respond
to Alpha Beta, and others, who make their establishments accessible to the
handicapped.
The City Manager stated he would write a letter to the theater at South Shore
regarding accessibility.
80 -378 Ms. Bixler stated that the Le Monde Restaurant does have an entrance
accessible to the handicapped and that the Manager had informed her that he
had submitted a request to the City about six months ago for a parking space
for the handicapped.
May 20, 1980
The City Engineer stated that the Le Monde Restaurant had requested a white
curb, and the Traffic Advisory Committee recently approved one space, but that
no mention had been made of a parking space for the handicapped.
80-379 Joseph Sullivan, 3221 Liberty Avenue, stated he was still concerned
about matters being held over to the following meeting in the case of "tie
votes" by the Council and Boards and Commissions.
After Council discussion, Councilman Sherratt made a motion, seconded by Councilman
Stone, that as a matter of Council policy, that a "tie vote" on an item be
considered no action by the City Council and that the matter which received
a "tie vote" be placed on the agenda for the next meeting.
Russell Sisung, 221 Santa Clara Avenue, suggested that this policy be extended
to include Boards and Commissions.
Councilman Sherratt amended his motion, accepted by Councilman Stone, that
Boards and Commissions be included in the policy that matters receiving a "tie
vote" be placed on the agenda for the next meeting.
Upon call of the roll, the motion carried by the following vote: Ayes: Councilmen
Sherratt, Stone, Tillman, and President Corica - 4. Noes: Councilman Oiament - 1.
Absent: None.
80-380 Russell Sisung, 221 Santa Clara Avenue, complained about the condition
of sidewalks in the 100 block of Santa Clara Avenue.
The City Engineer stated that crews had begun working on the sidewalks in that
block.
ADJOURNMENT
80-381 Councilman Tillman made a motion, seconded by Councilman Sherratt,
that the Council adjourn to an Executive Session for a discussion of personnel
and litigation matters; the motion carried by unanimous voice vote - 5.
80-382
At the conclusion of discussion, President Corica obtained the consent of Council
and reconvened the regular meeting and authorized a Workman Compensation claim
to Pete J. Carrai in the amount of $2,257.50.
There being no further business to come before the meeting, the Council adjourned
at 10:15 p.m., to assemble in regular session on Tuesday, June 3, 1980, at
7:30 o'clock p.m.
Respectfully submitted,
DEEN SPEEGLE
City Clerk