1979-10-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY OCTOBER 2, 1979
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance
led by Vice Mayor Stone; Invocation delivered by Rev. Raymond Currie, 1st Presbyterian
Church.
ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President
Corica - 5. Absent: None.
President Corica expressed the Council's appreciation to Josephine Bixler and the Mayor's
Committee for the Handicapped for their presentation of the film, "Different Approach,"
which was shown just prior to the Council meeting.
CONSENT CALENDAR
President Corica requested that the resolution amending Personnel Services Agreement
between the City and Peter A. Ekstein and the resolution regarding establishing rules
for application of City Employee Compensation Rates and Schedules be withdrawn from
the Consent Calendar for discussion later in the meeting.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the two
resolutions be withdrawn as requested and the remaining items on the Consent Calendar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 Sherratt made a motion, seconded by Councilman Tillman, that the minutes
of the regular Council meeting of September 18, 1979, be approved as submitted: the
motion passed by the following roll call vote: Ayes: 4. Noes: None. Abstaining:
Councilman Diament - 1.
WRITTEN COMMUNICATIONS
79 -672 From Harbor Bay Isle Associates, signed by Jeannie Applegate, requesting an
additional extension of six months from September 21, 1979, for Harbor Bay Isle
Associates' portion of public improvements to be installed in Tract 3645.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the request
for a six -month extension from September 21, 1979, for Harbor Bay Isle Associates'
portion of public improvements be approved; the motion passed by unanimous voice vote - 5.
79 -673 From Ponderosa Homes, signed by Alan McKean, requesting an additional exten-
sion of one year from September 21, 1979, to complete work in Tract 3645.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the request
for an additional extension of one year from September 21, 1979, to complete work in
Tract 3645 be approved; the motion carried on unanimous voice vote - 5.
79 -674 From 290 concerned people submitting petition requesting that various items
of upgrading be accomplished on the Jack Clark Golf Course prior to construction
of an Executive Nine -Hole Golf Course.
President Corica noted that many of the people who signed the petition were not golfers.
After Council discussion, Councilman Sherratt made a motion, seconded by Councilman
Diament, that the matter be referred to the Golf Commission; the motion carried on
unanimous voice vote - 5.
nrtntioin 9 inn
HEARINGS
79 -675 Continued from September 4, 1979, in the Matter of a Review of the Record of
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).
President Corica obtained the consent of Council and ordered the hearing continued
to October 16, 1979, in compliance with the request of the applicant.
79 -676 Continued from September 18, 1979, in the Matter of Rezoning Petition R -79 -8 to
reclassify from M -1 -PD, Intermediate Industrial (Manufacturing) District with
Planned Development Overlay, to R -3 -PD, Restricted Apartment District with Planned
Development Overlay, the property at 709, 711 Buena Vista Avenue and 708, 710, 713,
747 Eagle Avenue.
The Planning Director stated that the Planning Board had considered the rezoning
matter and had approved the proposed rezoning from M -1 -PD to R -3 -PD.
President Corica outlined the procedure to be used in the hearing.
On a call for proponents, the following persons spoke in favor of rezoning:
John Irving, Alameda Marina Village Associates; Josephine Bixler, 814 Haight Avenue;
Martha Killebrew, American National Red Cross; Kuo -Ren Lin, Lin Wu Associates;
Catie Schwartz, Housing Authority; Cris Corbuz, 509 Santa Clara Avenue; John Doherty,
1329 Weber; William Hillebrand, 1031 Eagle; Russ Sisung, 221 Santa Clara Avenue.
John Fenstermacher, Housing Authority Commissioner, spoke in favor of the rezoning
and stated that inasmuch as concerns had been expressed regarding recreation
facilities that it would be in the best interest of the City to approve the rezon-
ing and the City and Housing Authority could work together to attempt to obtain
financing for a Recreation Center from HUD.
On the call for opponents, there were no speakers.
President Corica declared the public portion of the hearing closed.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the ordinance
approving the rezoning be taken out of order; the motion carried by unanimous voice
vote - 5.
INTRODUCTION OF ORDINANCES
79 -677 "Ordinance No. , N.S., Reclassifying and rezoning certain property
within the City of Alameda by amending Zoning Ordinance No. 1277, New Series. (City
of Alameda Planning Board, R- 79 -8). Councilman Diament made a motion, seconded by
Councilman Sherratt, that the ordinance be introduced and passed to print; the
motion carried on the following roll call vote: Ayes: 5. Noes: None. Absent: None.
HEARINGS
79 -678 In the Matter of proposed amendment to the Zoning Ordinance to include the
Mixed Use Zoning District, (Article 3 of Chapter 1, Title XI) in order to imple-
ment the recommendations of the Combined Land Use Plan.
The Planning Director stated that the Planning Board had held a series of hearings
and had approved Mixed Use Zoning for three areas in Ballena Bay. He further stated
that additional areas could not be rezoned for Mixed Use unless Council approved
a General Plan amendment.
President Corica outlined procedures to be followed in conducting the hearing.
On the call for proponents, John Irving, Alameda Marina Village, spoke in favor
of Mixed Us-e Zoning.
On the call for opponents, there were no speakers.
President Correa ordered the public portion of the hearing closed.
Councilman Sherratt made a motion, seconded by Councilman Stone,that the applicable
ordinance be considered out of order; the motion carried by unanimous voice vote 5.
INTRODUCTION OF ORDINANCES
79 -679 "Ordinance No. , N.S., Amending the Alameda Municipal Code by adding Sections
11 -1388 to Article 3 of Chapter 1, Title XI thereof, relating to Mixed -Use Planned
Development District Regulations.
The City Attorney recommended that the text of the ordinance be amended as follows:
1. That the last sentence of the first paragraph under Sec. 11 -1380 be amended
to read as follows. "The compatibility and interaction between mixed uses
is to be insured through adoption of Master Plan and Development Plan site
plans, which indicate proper orientation, desirable design character and
compatible land uses to provide for
2. That the first sentence of Sec. 11 -1383 (b) be amended to read as follows:
The City Council may approve, by ordinance, a Master Plan
3. That Section 11 -1383 (e) be amended to read as follows: "The City Council
and Planning Board shall establish all other requirements by conditions of
approval. The Planning Board shall recommend whatever conditions it
deems appropriate for the Master Plan and shall establish conditions for
approval of Development Plans."
4. That Sec. 11 -1386 (b) be amended to read as follows: "The City Council
shall also hold at least one (1) public hearing on the Master Plan before
making its decision thereon."
5. That Sec. 11 -1386 (c) be amended as follows: "The Planning Board may approve
a development plan only if it determines, in the context of the Master
Plan,
After Council discussion, Councilman Diament made a motion, seconded by Councilman
Stone that the ordinance be amended as recommended by the City Attorney;. the motion
carried on the following roll call vote: Ayes: 4. Noes: None. Abstaining:
Councilman Sherratt - 1. Absent: None.
Councilman Diament made a motion, seconded by Councilman Tillman, that the ordinance,
as amended, be introduced and passed to print; the motion carried on the following
roll call vote: Ayes: 4. Noes: None. Abstaining: Councilman Sherratt - 1. Absent:
None.
REPORTS AND RECOMMENDATIONS
79 -680 From Assistant to City Manager regarding reprogramming Housing Community Develop-
ment Act (HCDA) funds for planning and general project administration.
October 2, 1979
The Assistant to City Manager summarized the staff report stating that it is
recommended that $150,000 be reprogrammed to Planning and General Project
Administration and that approximately $60,000 of that amount has been charged
against that project.
Councilman Stone recommended that HCDA funds be reprogrammed as follows: S60,000
for costs already charged against the account; $35,000 for funds needed by Planning
Department to complete projects; S25,000 for administration; and S50,000 for
a Senior Center.
The City Manager stated he plans to submit a recommendation to Council to obtain
Washington representative services in Washington D. C., part of which could be
paid for from HCDA funds.
After further Council discussion, President Corica obtained the consent of Council
and directed that the matter be held over until October 16, 1979, and that the
City Manager prepare a detailed report. The resolution authorizing the City Manager
to submit reprogramming amendments was also held over to October 16, 1979.
79 -681 From the City Manager concerning proposal to purchase sand on the open
market for the Municipal Golf Course.
Ben Erdall spoke against the proposal to purchase sand stating that a petition had
been submitted to the Council requesting that various items of upgrading be accomplished
on the Jack Clark Golf Course prior to construction of a nine -hole course.
After Council discussion, Councilman Sherratt made a motion, seconded by Councilman
Stone that the report be accepted and the proposal to purchase sand on the open
market for Municipal Golf Course approved; motion carried by unanimous voice vote, 5.
President Corica obtained the consent of Council and directed that the Golf
Course Supervisor be authorized to place the sand appropriately on the site until
a "Course Plan" has been approved by the Golf Commission and the Council.
79 -682 From the City Manager transmitting response and recommendations from
Administrative Supervisor regarding Mrs. Lasar's letter of June 25, 1979, concerning
animal control.
Mrs. Carmen Lasar, Chairman of the Alameda Animal Rescue & Control Committee,
recommended that a Spay and Neuter Deposit be required to adopt a dog from the
Animal Shelter.
After Council discussion, Councilman Tillman made a motion, seconded by Councilman
Diament, that a Spay and Neuter Deposit be required to adopt a dog from the Animal
Shelter; the motion carried by unanimous voice vote - 5.
Mrs. Lasar recommended that any person, firm or corporation not be allowed to maintain
more than three adult dogs and three adult cats at a location, with the exception
of persons who already have more than three adult dogs or cats.
Councilman Tillman recommended that cats be excluded from any limitation.
Councilman Stone made a motion, seconded by Councilman Diament, that the recommenda-
tion that no more than three adult dogs be maintained at a location be approved,
subject to grandfather clause; motion carried on the following roll call vote:
Ayes: 3 Noes: Councilman Sherratt and President Corica - 2. Absent: None.
October 2, 1979
Mrs. Lasar recommended that persons owning dogs be required to furnish proof of
rabies vaccination and dog license to any animal control officer or police officer
upon demand.
Councilman Tillman made a motion, seconded by Councilman Stone, that persons owning
dogs be required to furnish proof of rabies vaccination and dog license upon demand
by an animinal control or police officer; the motion carried on unanimous voice vote -
5
Mrs. Lasar recommended that the Poundmaster be authorized to destroy any animal
lawfully impounded which by reason of age, disease, or other cause is unfit for
adoption or dangerous.
Councilman Diament made a motion, seconded by Councilman Tillman, that the Poundmaster
be authorized to destroy any animal lawfully impounded which by reason of age,
disease, or other cause is unfit for adoption or dangerous; the motion carried
by unanimous voice vote - 5.
Mrs. Lasar requested that animal control officers be authorized to cite persons
whose dogs are loose on school property unless the dog is a participant in a sanctioned
event approved by the Governing Body of the School District.
Councilman Tillman made a motion, seconded by Councilman Diament, that animal control
officers be authorized to cite persons whose dogs are loose on school property with-
out authorization; the motion carried by unanimous voice vote - 5.
Mrs. Lasar requested that animal control officers be authorized to cite for all
offenses which can be legally cited; i.e., persons observed by animal control
officers in the act of abandoning animals.
Councilman Tillmam made a motion, seconded by Councilman Sherratt,that animal control
officers be authorized to cite for all offenses which can be legally cited such as
persons who are observed by animal control officers abandoning animals; the motion
carried on unanimous voice vote - 5.
Mrs. Lasar recommended that the name of the Pound be changed to Animal Shelter,
Poundmaster be changed to Animal Control Officer, and Assistant Poundmaster be changed
to Senior Animal Control Officer.
Councilman Sherratt made a motion, seconded by Councilman Tillman, that the recommenda-
tions to change employee classifications be forwarded to the Personnel Director and
Civil Service Board; the motion carried on unanimous voice vote - 5.
President Corica noted that the Alameda Animal Rescue and Control Committee and staff
concurred that exotic pets should be prohibited and that dogs should be required to
display license tags.
79 -683 From City Attorney submitting alternatives in response to a letter from
Alameda Licensed Child Care Association dated August 27, 1979, regarding child care
centers.
Elizabeth Olney, 1430 St. Charles Street, spoke in support of exempting up to twelve
children from use permit procedures and stated that "Family Day Care Homes" are not
the same as day care centers.
October 2, 1979
After Council discussion, Councilman Stone made a motion, seconded by Councilman
Diament, that the matter be referred to the Planning Board for consideration
and recommendation back to Council; the motion carried by unanimous voice vote - 5.
COUNCIL REFERRALS
79 -684 Consideration of appointment to Golf Commission.
President Corica nominated Anthony J. Bertero for reappointment to the Golf
Commission, seconded by Councilman Stone; carried on unanimous voice vote - 5
The City Attorney was directed to prepare the implementing resolution for the
meeting of October 16, 1979.
79 -685 Consideration of appointment to Recreation Commission.
President Corica nominated Arthur A. Roke for reappointment to the Recreation
Commission, seconded by Councilman Stone; carried on unanimous voice vote - 5.
The City Attorney was directed to prepare the implementing resolution for the
meeting of October 16, 1979.
79 -686 Councilman Sherratt stated that the Alameda Times Star recently published
an article showing children waiting to cross at the intersection of Mecartney and
Island Drive and that he and Councilman Tillman had been present; that the picture
had been "set up" and did not truly reflect the situation at that intersection at
that time.
79 -687 Councilman Tillman stated that the Council had received the "Council Action
and Staff Responsibility Report" for the Council meeting of September 18, 1979,
and requested that Council receive copies of the report inasmuch as it is prepared
immediately after the Council meeting.
79 -688 Councilman Tillman recommended the City Clerk place items which are implemented
on a trial basis on the Council Agenda after expiration of the specified time. He
stated that the following subjects had been discussed some time ago: Union Street
Fence, truck routes to Broadway, Park Street Rehabilitation Report, parking report,
mini —park, and position regarding South Shore Beach.
Councilman Tillman stated that the South Shore Beach Committee recently held a meeting
and requested the City Manager to check with the Committee to learn the status.
79 -689 Councilman Stone stated that an agency funded under the CETA Program had
recently indicated at a hearing of another agency at ACTEB /ACAP that their needs
for CETA funds had changed. She further stated that such changes should be reported
to the Council immediately and requested that staff inform all agencies funded under
the CETA Program that if their needs are modified or changed that such modifications
or changes be reported to City staff and to the Council immediately.
Linda Pritchard, Social Service Human Relations Board spoke on the matter.
Cris Corbuz, United Pilipinos of Alameda, stated that at a Governing Board meeting,
an agency had claimed to be the only one providing housing information and that
his agency had been assisting low income persons to find housing.
79 -690 The City Attorney requested authorization to go to Washington D.C. to obtain
a final decision on the Revenue Sharing Complaint inasmuch as he will be in Philadelphia
with expenses paid by the Bar Association.
October 2, 1979
Councilman Sherratt made a motion, seconded by Councilman Tillman, that the City
Attorney be authorized to travel from Philadelphia to Washington D.C. to pick up
the letter of confirmation and resolve the Revenue Sharing Complaint; the motion carried
by unanimous voice vote - 5.
RESOLUTIONS
*79 -691 "Resolution No. 9159, Commending the Alameda Unified School District on the
successful completion and opening of Amelia Earhart School." Adopted.
*79 -692 "Resolution No. 9160, Approving Pavement Marking Demonstration Project in
the City of Alameda and authorizing the Mayor to Sign Program Supplement No. 2."
Adopted.
79 -693 "Resolution No. 9161, Amending Personnel Services Agreement between the
City and Peter A. Ekstein (Housing Rehabilitation Specialist)."
The Assistant to City Manager stated that the amendment to the agreement with
Mr. Ekstein was proposed in order to bring Mr. Ekstein's salary in line with other
management employees.
The Personnel Director stated that although Mr. Ekstein is a contract employee and
not in the same bargaining unit as the Management group, it would be appropriate to
move him in accordance with salary increases granted that unit.
President Corica stated that he would vote against the resolution inasmuch as
Mr. Ekstein was not a permanent employee.
After Council discussion, Councilman Diament made a notion, seconded by Councilman
Sherratt, that the resolution be approved; the motion carried on the following roll
call vote: Ayes: 4. Noes: President Corica - 1. Absent: None.
79 -694 "Resolution No. 9162, Establishing rules for the application of City Employee
Compensation Rates and Schedules, related requirements, and number of positions."
President Corica recommended that the Assistant City Manager position not be funded
at this time.
After Council discussion, Councilman Sherratt made a motion, seconded by Councilman
Diament, that the Assistant City Manager position be frozen until the Council
authorizes filling the position; the motion carried by unanimous voice vote - 5.
President Corica stated that management salaries were included in the resolution,
and he was opposed to the 6% restoration given to department heads making over $30,000
per year.
Councilman Stone stated she was also opposed to the 6% restoration.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolution
be approved; the motion carried by unanimous voice vote - 5.
BILLS
*79 -695 An Itemized List of Claims, certified by the City Manager as correct, was
approved in the amount of $222,452.32.
October 2, 1979
ORAL COMMUNICATIONS, GENERAL
79 -696 Mrs. Josephine Bixler, 814 Haight Avenue, inquired as to the status of
Patton Way.
The City Manager stated that the City Engineer is working to resolve problems
relating to environmental documents.
79 -697 Catie Schwartz, Housing Authority, stated that Parrot Village would be
closing within next two weeks and fees are impending for closing costs and
requested that funds be released to cover fees; she further stated that money
will be needed for moving power lines. She further stated that funds will also
be needed for project on Eagle Avenue.
The Assistant to City Manager stated that money must be spent and invoices sent
to HUD for reimbursement.
President Corica requested that release of funds be expedited to the extent possible.
79 -698 Ben Lopez, United Pilipinos of Alameda, Inc., expressed concern regarding
several burgalaries wherein typewriters were stolen, windows broken and cars
vandalized. He commended the Police Department on their response to calls and
stated there has been no information made available regarding the investigations.
FILING
79 -699 Amendment to Agreement with Peter A. Ekstein
Program Supplement No. 02 to Local Agency -State Agreement for Federal Aid
Projects, No. 04 -5014.
Financial and Operating Reports - Bureau of Electricity, for month ending
June 30, 1979.
ADJOURNMENT
There being no further business to come before the meeting, the Council adjourned
at 11:05 p.m. in respect to the memory of Mrs, Theresa Quarante and Mrs, Estelle
Eichelberger, to assemble in regular session on Tuesday, October 16, 1979, at
7:30 o'clock p.m.
Respectfully submitted
DEEN SPEEGLE
City Clerk
October 2, 1979