1980-10-28 Special CC MinutesSPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - OCTOBER 28, 1980
The meeting convened at 7:30 p.m., with President Corica presiding. The
Pledge of Allegiance was led by Councilman Sherratt. The Invocation was
given by Rev. Wallace Riches, Twin Towers United Methodist Church.
ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and
President Corica - 5.
Absent: None.
This Special Meeting was scheduled in accordance with instructions from Council
that the regular Council meeting of October 21, 1980, be canceled inasmuch
as a quorum would not be present and that this Special Council Meeting be
scheduled.
MINUTES
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
minutes of the regular Council meetings of September 16, 1980, and October 7,
1980, be approved as submitted; the motion carried by unanimous voice vote - 5.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the two
resolutions appointing members to the Golf Commission be considered out of
sequence at this time; the motion carried by unanimous voice vote - 5.
RESOLUTIONS
80-722 Resolution No. 9395 "Appointing Theodore J. Holmes as a Member of
the Golf Commission."
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.
Upon request, the Clerk administered the oath of office to Mr. Holmes.
80-723 Resolution No. 9396 "Appointing Edward M. Gingrich as a Member of
the Golf Commission."
Councilman Stone 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.
Upon request, the Clerk administered the oath of office to Mr. Gingrich.
CONSENT CALENDAR
President Corica noted that a request had been received to withdraw the resolu-
tion regarding agreement for architectural services relating to design concept
for the Holly and Oleander Park site from the Consent Calendar for discussion.
October 28, 1980
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
following 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.
Items so enacted, approved, or adopted, will be indicated by an asterisk (*).
REPORTS AND RECOMMENDATIONS
*80-724 From Secretary of Planning Board regarding public accessways to the
shoreline in the east end of Alameda. The Council set a hearing date of
November 4, 1980.
*80-725 From Secretary of Planning Board requesting that a hearing date of
November 4, 1980, be scheduled regarding Amended Tentative Map for Tract 4136.
The Council set the hearing date of November 4, 1980.
*80-726 From Secretary of Planning Board requesting that a hearing date of
November 18, 1980, be scheduled regarding Tentative Map for Tract 4591. The
Council set the hearing date of November 18, 1980.
*80-727 From Burton Crowell, Project Coordinator, submitting status report
on the Patton Way Project. Accepted.
RESOLUTIONS
*80-728 Resolution No. 9397 "Approving Final Map of subdivision known as
Tract 4307 and accepting certain dedicated public streets, easements and rights
of access (Dividend Development Corporation - Subdivider)." Adopted.
*80-729 Resolution No. 9398 "Authorizing execution of agreement for construction
and completion of improvements in connection with Subdivision Tract 4307 and
approving bonds as to sufficiency (Harbor Bay Isle, Village I North)." Adopted.
*80-730 Resolution No. 9399 "Amending salary and position Resolution No. 9162
relative to certain Federally funded positions (Housing and Community Development
Act Funds)." Adopted.
*80-731 Resolution No. 9400 "Adopting Specifications and Plans for the construction
of Alameda Shoreline Park, calling for bids and directing City Clerk to advertise
same." Adopted.
FINAL PASSAGE OF ORDINANCES
*80-732 Ordinance No. 2022, New Series "Amending Alameda Municipal Code
by amending Subsection (a) of Section 11-3124 and Subsections (b) and (c)
of Section 11-3131 thereof relating to Council approval of Final Maps for
subdivisions." Finally adopted.
*80-733 Ordinance No. 2023, New Series "Amending the Alameda Municipal Code
by adding thereto Articles 9 and 10 to Chapter 3 of Title XVII and by repealing
Section 17-352 thereof, relating to temporary parking prohibitions and towing
of unlawfully parked vehicles." Finally adopted.
October 28, 1980
*80-734 Ordinance No. 2024, New Series "Amending the Alameda Municipal
Code by adding Section 5-212 thereto relating to sidewalk maintenance."
Finally adopted.
*80-735 Ordinance N0, 2025, New Series "Amending and repealing certain sections
of Chapter 1 of Title XI of the Alameda Municipal Code relating to a Design
Review Procedure." Finally adopted.
*80-736 Ordinance No. 2026, New Series "Authorizing conveyance by Quitclaim
Deed of a certain public utility easement to Terry Lufkin, Sandra M. Howard,
James F. Howard and Mortimer R. Howard (10' P.U.E. easement located in Tract
4270).n Finally adopted.
BILLS
*80-737 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of $137,482.09.
Councilman Tillman made a motion, seconded by Councilman Sherratt, that the
Council consider the resolution regarding design of Holly and Oleander
park site at this time; the motion carried by unanimous voice vote - 5.
RESOLUTIONS
*80-738 Resolution No. "Authorizing execution of landscape architectural
services with Theodore Osmundson & Associates for development of a design
concept for the Holly and Oleander Park site."
Ina Ratto, 1053 Island Drive, spoke in opposition to development of the
park and stated she felt it should be retained as a land bank for the future; inquired whether the Planned Development (PD) would be amended.
,
Councilman Sherratt made a motion, seconded by Councilman Stone, that the
resolution be held over to the November 4, 1980, meeting and directed staff
to provide information as to whether it would be necessary to amend the
Planned Development; the motion carried by unanimous voice vote - 5.
WRITTEN COMMUNICATIONS
80-739 From William Ezzy, 315 Balboa Court, regarding "hydrogen sulphide"
gas and the bird sanctuary in the area of Broadway and Shoreline Drive.
President Corica stated this had been an ongoing problem and recommended
that markers be placed to designate the boundaries of the bird sanctuary
as marshes have a tendency to expand.
Councilman Sherratt made a motion, seconded by Councilman Din0ent, that
the City request East Bay Regional Park District to designate the boundaries
of the bird sanctuary with appropriate markers; the motion carried by unanimous
voice vote - 5.
The following persons expressed their concerns regarding the "hydrogen
sulphide" gas and the resulting odor and effects on the neighborhood:
Dr, Nicholas Toth, 2604 Bayview Drive
Art Kirshner, 201 Broadway, #303
Bee Raptis, 305 Balboa Court
October 28, 1980
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Stone, that staff be directed to schedule a meeting with East Bay
Regional Park District, and other interested parties such as the Audubon Society,
to find a solution to the problem; the motion carried by unanimous voice vote -
5.
80-740 From Harbor Bay Landing Merchants' Association, Temple Israel and
Peter Pan Academies, regarding increasing problem of traffic/parking control
in the Harbor Bay Landing Shopping Center.
Councilman Tillman made a motion, seconded by Councilman Sherratt, that the
Harbor Bay Landing Merchants' Association and other interested parties
be requested to use courtesy parking notices as used in other areas of the
City as the Council did not wish to authorize the issuance of citations by
private parties; the motion carried by unanimous voice vote - 5.
80-741 From Mr. and Mrs. C. Leslie Mecum, 1436 Fernside Boulevard, regarding
use of night lights at Lincoln Park ball field.
The City Manager stated there had been no discussion of installing night lights
at Lincoln Park either at the Recreation Commission level or the staff level.
Councilman Stone made a motion, seconded by Councilman Sherratt, that the
City Clerk be directed to notify Mr. and Mrs. Mecum of the City Manager's
remarks that installation of night lights at Lincoln Park is not being considered;
the motion carried by unanimous voice vote - 5.
80-742 From Frederick Summers, Catherine and Arthur Ray regarding reckless
driving on Fernside Boulevard between Tilden Way and High Street.
The City Manager stated that additional police officers, on motorcycles, will' be
available for traffic enforcement soon as the City recently received a grant
from the Office of Traffic Safety.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
communication be accepted and noted it is expected the situation will improve
with additional enforcement personnel; the motion carried by unanimous voice
vote - 5.
80-743 From Marie Riordan, 899 Delmar Avenue, requesting consideration of
leasing access way between 899 - 900 Delmar Avenue.
The City Manager stated that Ms. Riordan currently owns the property in question,
and the City holds a five-foot storm sewer easement.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
communication be accepted and directed the City Manager to notify Ms. Riordan
that she owns the property and the City only holds an easement for maintenance
of the storm sewer; the motion carried by unanimous voice vote - 5.
80-744 From Russell Sisung, 221 Santa Clara Avenue, regarding liquor outlet
in Safeway Store at Buena Vista and Concordia Streets.
Judy Hightower, 737 Haight Avenue, spoke in opposition to the liquor outlet
and stated she had noticed more commotion in the neighborhood after 10:00
p.m. since the liquor outlet opened.
October 28, 1980
Councilman Diament noted area was zoned for the activity and recommended
the Planning Board take a look at the situation as there were a large number
of liquor establishments in the Webster Street area.
President Corica stated he would be opposed to rezoning to force businesses
out of operation in the area and requested the City Manager to have the area
policed more carefully.
After Council discussion, Councilman Stone made a motion, that the communication
be accepted and referred to the Planning Board and directed that the Planning
Board address the question of requiring Conditional Use Permits for liquor
stores in the future; the motion carried by unanimous voice vote - 5.
80-745 From Joseph Sullivan, 3221 Liberty Avenue, requesting that the Council
rescind the ordinance amending Sections 2-116 and 2-117 of the Municipal Code
relating to procedures for conduct of Council meetings.
Mr. Sullivan spoke in opposition to the ordinance relating to procedures for
conduct of Council meetings.
Darlene M. Banda, 919 Delmar Avenue, spoke in opposition to the use of speaker's
slips at Council meetings.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
communication be accepted; the motion carried by unanimous voice vote - 5.
HEARINGS
80-746 Hearing to consider proposed amendments to the Sign Ordinance.
The Acting Planning Director stated the proposed amendments had been prepared
after considerable study by the Sign Ordinance Committee and had been approved
by the Committee and the Planning Board.
President Corica explained the procedures to be used in the hearing.
On the call for proponents, persons in favor of the proposed amendments, there
were no speakers.
On the call for opponents, Richard Roth, 1417 5th Street, spoke in opposition
to the proposed amendments and stated he felt portions of the ordinance were
not clear.
President Corica declared the public portion of the hearing closed,
Councilman Sherratt made a motion, seconded by Councilman Stone, that the
proposed amendments be approved and the ordinance relating to the sign ordinance
be considered out of sequence at this time; the motion carried by unanimous
voice vote - 5.
INTRODUCTION OF ORDINANCES
80-747 Ordinance No. , New Series "Amending the Alameda Municipal Code
by adding to and amending certain sections of Article 4B, Chapter 1 of Title
XI thereof relating to regulationof outdoor advertising display signs."
October 28, 1980
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
ordinance be introduced and passed to print; 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
80-748 From Chairman of Mayor's Committee for the Handicapped regarding Board
of Appeals decision relative to ramps. (Chestnut and Lafayette Streets)
President Corica suggested that staff and members of the Council investigate
the ramp to see if it can be negotiated by handicapped persons.
Josephine Bixler, Chairman of Mayor's Committee for the Handicapped, stated
she was concerned that the ramp was not safe and that the Board of Appeals
did not abide by the Building Code.
Lou Baca, Member of the Social Services Human Relations Board, stated he was
also concerned regarding the action of the Board of Appeals.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
City Manager or City Attorney prepare a report as to the jurisdiction of the
Board of Appeals; the motion carried by unanimous voice vote - 5.
80-749 From Chairman of Rent Review Advisory Committee submitting findings
and recommendations relating to Del Coronado Apartments, 544 Central Avenue.
President Corica stated that a recent communication had been received from
the Vice President of the Inter-Coast Management Corporation indicating that
the matter had recently been brought to his attention and that he wished to
meet with the Rent Review Advisory Committee on November 3, 1980, and attempt
to resolve the matter.
Claire Redstone, 544 Central, spoke in opposition to referring the matter
back to the Committee and requested the Council to take action on the issue.
After Council discussion, Councilman Sherratt made a motion, seconded by Councilman
Diament, as follows: 1) That the matter be referred to the Rent Review Advisory
Committee for consideration at the November 3, 1980, meeting and continued
to the November 4, 1980, Council meeting for discussion if not resolved; and
2) Directed that a written communication be sent to the Vice President of
Inter-Coast Management Corporation immediately informing him that if the matter
is not resolved at the meeting with the Committee on November 3, the Council
will consider it again at the November 4, 1980, Council meeting; the motion
carried by unanimous voice vote - 5.
80-750 From Chairman of Recreation Commission recommending that the bleachers
be installed and the field lights retained at Leydecker Park.
Jay Garfinkle, 3105 La Campania, spoke in opposition to installation of bleachers
at Leydecker Park.
Len Peters, 1003 Tahiti Lane, stated he felt the issue of the lights had not
been addressed by the Planning Board when the plan was originally approved
and requested they research this issue.
October 28, 1980
Councilman Sherratt stated he was on the Council when the plan was approved
and was aware of the lights, bleachers, and other facilities, and he had voted
for the plan and had not changed his mind.
The following persons spoke in support of the recommendations of the Recreation
Commission that the bleachers be installed and the field lights retained:
Jeni Marr, 1639 Broadway
Rich Kenny, 2712 Encinal Avenue
Councilman Diament made a motion that the Planning Board be given an opportunity
to review the matter and submit any recommendations they might have back to
the Council inasmuch as they had requested the Planning staff to research
proceedings when the matter was originally considered by the Board.
Councilman Tillman requested an opinion from the City Attorney regarding
jurisdiction in this matter.
The City Attorney stated the City Council was the only body who had jurisdiction
over the field lights.
Councilman Tillman seconded the motion and offered an amendment to the motion,
accepted by Councilman Diament, that the City Attorney's opinion be incorporated
into the motion; the motion, as amended, carried by unanimous voice vote -
5
80 -751 From City Manager submitting Deloitte Haskins & Sells Report on Study
of the Operations of the Auditor - Assessor and Treasurer -Tax Collector Depart-
ments.
Mike Baer, consultant for Deloitte Haskins & Sells, summarized the report
and stated the study resulted in recommendations for improving the following:
management and control procedures, planning and budgeting practices, cash
management and investment programs, financial management information, and
organizational effectiveness. He further stated that the effectiveness of
the City would be improved if the Auditor - Assessor and Treasurer -Tax Collector
Departments were coordinated and directed by a single manager.
Ina Ratto, 1053 Island Drive, spoke regarding internal controls and the possibility
of the Finance Director being under the direction of the City Treasurer.
The City Manager stated his recommendation would be that staff prepare a Work
Program based on this report and submit for Council consideration.
Councilman Stone requested that the City Manager elaborate on a Debt Management
Plan when the Work Program is submitted to Council.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
report be accepted; the motion carried by unanimous voice vote - 5.
80 -752 From City Manager concerning the California Arts Council State -Local
Partnership Program.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the
report be accepted and Mayor Corica directed to appoint a person to represent
the City in the County -wide planning process; the motion carried by unanimous
voice vote - 5.
October 28, 1980
Councilman Stone suggested a bronze City seal as an art project if the City
receives funds.
80-753 From Acting Planning Director submitting summary of findings of DKS
Associates relating to the transit service to Tract 4500, Harbor Bay Isle.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
report be accepted and referred for consideration when the hearing on the
Tentative Map for Tract 4500 is before the Council; the motion carried by unanimous
voice vote - 5.
80-754 From President of Planning Board regarding affordable housing as part
of the planning process.
President Corica stated he would prefer that reference to a specific person
to work with developers be changed so all local real estate brokers would
have an opportunity to become involved.
David Simmons, President of Planning Board, stated that developers could work
with real estate broker of their choice, and Mr. Barni had been listed as
he has been involved in current discussions.
Councilman Sherratt made a motion, seconded by Councilman Diament, that Item
No. 3 in the report be changed to delete reference to a specific realtor to
"local real estate brokers will be working with developers to provide sites
which could be submitted to HUD to determine suitability." The motion carried
by unanimous voice vote - 5.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the
report be accepted as amended in previous motion; the motion carried by unanimous
voice vote - 5.
RESOLUTIONS
80-755 Resolution No. 9401 "Endorsing the passage of California Parklands
Bond Act of 1980 (Proposition 1 on November 4, 1980 Ballot)."
Councilman Tillman 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.
80-756 Resolution No. 9402 "Authorizing execution of agreement for consultant
services between City of Alameda and International Systems, Inc."
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.
FINAL PASSAGE OR ORDINANCES
80-757 Ordinance No. 2027, New Series "Authorizing execution of lease of
certain tide and submerged lands to L. Gifford Rogers and Doreen G. Rogers
(Fernside Boulevard)."
Joseph Sullivan, 3221 Liberty Avenue, spoke in opposition to the lease.
October 28, 1980
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
ordinance be finally adopted; the motion carried by the following roll call
vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4.
Noes: Councilman Stone - 1. Absent: None.
UNFINISHED BUSINESS
Councilman Sherratt made a motion, seconded by Councilman Diament, that adjournment
be extended 15 minutes to 11:15 p.m.; the motion carried by unanimous voice
vote - 5.
80 -758 President Corica noted that several persons had requested to speak
regarding installation of a railing on the Bay Farm Island Bridge.
Vera McCormick, 1196 Park Avenue, stated she was concerned about the safety
of children using the Bay Farm Island Bridge and requested a protective railing
be installed and the speed limit reduced.
The following persons spoke in support of Ms. McCormick's requests:
Dawna Watty, 332 Maitland Drive
Lori Nolthenius, 920 Versailles
Councilman Sherratt noted that current statistic counts are not adequate to
qualify for funding of a railing on the Bay Farm Island Bridge and suggested
an approach using future impacts when building is completed in Harbor Bay
Isle, San Leandro Bay, and other proposed development be used.
President Corica suggested that the City and School District put up some money
and perhaps have a "community outreach" to raise the funding for the bridge
railing.
Councilman Sherratt recommended the City immediately send a letter to CALTRANS
outlining the City Engineer's proposal for a temporary railing on the Bay
Farm Island Bridge, and if approved by CALTRANS, go ahead and attempt
to obtain funding.
With the consent of Council, President Corica so ordered.
FILING
80 -759 Agreement for consultant services with International Systems, Inc.
Agreement relating to Tract 4307.
Specifications for construction of Alameda Shoreline Park.
Bureau of Electricity Financial and Operating Report for month ended
July 31, 1980.
ADJOURNMENT
There being no further business to come before the meeting, the Council adjourned
at 11:25 p.m., to assemble in regular session on Tuesday, November 4, 1980,
at 7:30 o'clock p.m.
Respectfully submitted,
DEEN SPEEGL
City Clerk
October 28, 1980