1979-12-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY DECEMBER 4, 1979
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of
Allegiance led by Councilman Tillman. Invocation delivered by Rev. Cathy Bohman,
Trinity Lutheran Church.
ROLL CALL: Present: Councilman Diament, Sherratt, Stone, Tillman, and
President Corica - 5. Absent: None.
CONSENT CALENDAR
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
items listed under "Filing" be withdrawn from the Consent Calendar and that
the remaining items be approved; the motion passed by unanimous voice vote - 5.
Those items so enacted, adopted, or approved are indicated by an asterisk
( *)
MINUTES
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
Minutes of the regular Council meeting of November 6, 1979, be approved as
submitted; the motion passed by unanimous voice vote - 5.
WRITTEN COMMUNICATIONS
79 -R18 From Mariner Land Company, Mariner Square, 2415 Webster Street, signed by
Mr. Beery, regarding the construction of a park area at the foot of Mariner
Square Drive.
Mr. Beery stated that the state is willing to donate a strip of land to the
City and that he proposed to lease the strip of land from the City on a
long -term lease to construct a park and that he is willing to establish bonds
and maintain the park.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Diament, that the concept of the park be approved, and directed
the City Attorney and City Manager to meet with Mr. Beery and prepare a
formal agreement and directed that the project be subject to approval of the
City Engineer; the motion carried by unanimous voice vote - 5.
79 -819 From Alameda Animal Rescue and Control, signed by Carmen Lasar, Chairman,
regarding the proposed changes to animal control ordinances.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the
ordinance relating to Animal Control be placed on the Council agenda of
December 18, 1979; the motion carried by unanimous voice vote - 5.
79 -820 From Commanding Officer Naval Air Station, signed by Captain R.A. Daleke,
regarding establishment of a safety zone for approach to Runway 25 and
unsuccessful attempts to have the Alameda County Airport Land Use Commission
(ALUC) adopt the accident potential zones identified in the Air Installation
Compatible Use Zone (AICUZ) study for the Naval Air Station.
December 4, 1979
Captain Daleke stated that he was concerned about the approach to Naval Air
Station Runway 25 and that the Airport Land Use Commission (ALUC) did not
recognize the Accident Potential Zones identified in the Naval Air Installation
Compatible Use Zone Study. He further stated that ALUC had passed a motion
to adopt the Land Use Plan which ignored the Navy position regarding the
Accident Potential Zones for Runway 25. He presented a drawing depicting the
proposed World Trade Center at the Port of Oakland and requested that the
Council support the Navy's position regarding Accident Potential Zones and
opposing the proposed high -rise development.
Councilman Sherratt stated that he was a member of the ALUC and three public
hearings had been held on the matter. He further stated that to his knowledge
there were no approved plans for the proposed development as presented by
Captain Daleke and that before such a development were approved there would
be an Environmental Impact Report and all agencies would have an input to that
process.
Councilman Sherratt further stated that the length and width of the Accident
Potential Zones adopted by the Naval Air Station are much larger than any other
zones in the ALUC Plan.
President Corica recommended that the Council take a strong position in opposition
to the proposed development at this time inasmuch as operations of the Naval
Air Station Runway 25 would probably be curtailed, and it might be too late for
a position to be effective when the Environmental Impact Report is considered.
Councilman Diament spoke in support of President Corica's recommendation.
Mary Etta Falk, 3247 Fernside Boulevard, stated that she was a pilot and was
concerned when she saw the proposed development because when flying, a pilot
would automatically reflex when sighting something of that nature, and if a
pilot were to hit that building, she felt the deflection would be toward Alameda.
The following persons spoke in support of the Naval Air Station position:
Joseph Sullivan, 3221 Liberty Avenue
A.J. Scott, 2418 Marti Rae Court
Linda Pritchard, 3263 San Jose Avenue
Councilman Tillman stated that if the Navy installs FPN 63 Precision Approach
Radar as referred to in the Air Installation Compatible Use Zone Study that use of
Runway 25 would be increased.
Councilman Stone stated that the Estuary approach to Runway 25 should be protected.
After Council discussion, Councilman Tillman made a motion, seconded by Councilman
Stone, that if the Navy concept of the proposed World Trade Center at the Port
of Oakland is factual as presented, that the Council go on record as follows:
1. That a project of this type is detrimental to the operation
of Runway 25, the Estuary approach.
2. That letters be sent to Port of Oakland, City of Oakland,
Airport Land Use Commission (ALUC), and congressional
representatives in Washington D.C. expressing the Council's
concerns regarding this project and future projects of that type.
December 4, 1979
3. That the Council take a position supporting the accident
potential zones identified in the Naval Air Installation
Compatible Use Zone Study.
President Corica requested that Councilmembers provide him with letters outlining
all of their concerns and stated that he would draft a letter incorporating these
concerns to Port of Oakland, City of Oakland, ALUC, and congressional representa-
tives in Washington D. C.
Upon call of the roll, the motion passed by the following roll call vote:
Ayes: 4. Noes: None. Abstaining: Councilman Sherratt - 1. Absent: None.
79 -821 From Joseph M. Sullivan, 3221 Liberty Avenue, regarding Section 3 -4
and Section 10 -13 of the City Charter relative to votes required for action by
Council and Boards and Commissions.
President Corica noted that Mr. Sullivan's observations regarding Charter
Section 3 -4 and Section 10 -13 were correct, and the communication was filed.
79 -822 From Hallie E. Wright, 7 Mastick Court, requesting waiver of the
S150.00 fee required to file for a variance to build a four -foot fence on her
property.
The Planning Director noted that a variance could be filed with the Zoning
Administrator for S75.00.
President Corica recommended that Ms. Wright build a three -foot fence in
accordance with City requirements and thereby avoid paying a fee.
Ms. Wright stated that she would abide by the Council's decision.
HEARINGS
79 -823 In the Matter of proposed amendment to the Zoning Ordinance, Section 11- 1739(a)
relative to use permits with "0" Open Space Zoned Districts. (Proposed amendment
would eliminate use permit requirement for: 1)Underground utility installations
for local service (Sec.11- 1378d); and 2) Private docks and floats for the exclusive
use of abutting owners (Sec. 11- 1378e).
President Corica declared the hearing open and explained the procedures to be
used in the hearing.
The Planning Director stated that the Planning Board had recommended that use
permits be required for new construction and additions to docks and recommended
that a use permit not be required for underground utility installations.
On the call for proponents, the following persons spoke in favor of the proposed
amendment:
David H. Tees Wilfred H. Hodgkin
3253 Fernside Dr. 1006 Fontana Dr.
David Giosso Mrs. Lily J. Boothby
2909 Marina Dr. 3321 Fernside Blvd.
December 4, 1979
Paul Rawn
3263 Fernside Dr.
Carl McBeth
3267 Fernside Blvd.
Mary Etta Falk Paul Gutleben
3247 Fernside Blvd. 2844 San Jose Ave
On the call for opponents, Joseph Sullivan, 3221 Liberty Avenue, spoke in
opposition to the proposed amendment and recommended that a use permit be
required for new docks and additions and extensive rehabilitation.
President Corica stated that the ordinance would not require a use permit
for rehabilitation of docks but would require one for new construction.
The City Attorney stated that use permits for docks were not required under
the previous ordinance, and this ordinance had been prepared to clarify the
language as it could have been interpreted that use permits were required.
President Corica ordered the public portion of the hearing closed.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
applicable ordinance be taken out of order, the motion carried by unanimous
voice vote - 5.
INTRODUCTION OF ORDINANCES
79 -824 Ordinance No. New Series, amending the Alameda Municipal Code by
amending Sec. 11- 1379(a). thereof relating to uses requiring use permits in
open spaced districts.
Councilman Sherratt made a motion, seconded by Councilman Diament,that the
ordinance be introduced and passed to print; the motion carried on the
following roll call vote: Ayes: 5. Noes: None Absent: None.
REPORTS AND RECOMMENDATIONS
79 -825 From City Planning Board signed by Don Patterson, Secretary,
recommending that the Council obtain consultant services to examine the proposed
Park Street Revitalization plan and determine costs and funding feasibility
and sources.
Don Perata, 1608 Alameda Avenue, summarized the Park Street Revitalization
Report and stated that the committee recommends establishment of a new committee
to implement phase 2 and investigate the possibility of hiring a consultant
which would probably cost under $5,000.00.
Mr. Perata submitted a list of names recommended for the new committee.
President Corica read the following names submitted by Mr. Perata:
Don Perata
David Simmons
Olga D'Amante
Abe Kofman
Andy Pagano
John Coler -Dark
Wayne Peace
John Lineweaver
Janet Alcorn
Peter Braun
December 4, 1979
Mark Vraciu, East Alameda Business Association, recommended that Bill Thomas
be added to the list for the proposed committee.
Councilman Sherratt made a motion, seconded by Councilman Diament to accept the
report, establish the committee, and request the committee to investigate the
feasibility of hiring a consultant.
A. J. Scott, 2418 Marti Rae Court, spoke in favor of the report.
79 -826 From Planning Director requesting that a hearing be scheduled before the
Council December 18, 1979, at 7:30 p.m., regarding the Draft Energy Element and
Environmental Impact Report.
Councilman Tillman made a motion, seconded by Councilman Diament, that a hearing
be scheduled December 18, 1979, at 7:30 p.m., regarding the Draft Energy Element
and Environmental Impact Report. The motion carried by unanimous voice vote - 5.
79 -827 From City Manager regarding financing for parking structure, et al.
Kenneth Ough and Sharon White, Weld Capital Market Groups, explained procedures
and legalities involved for use of lease revenue bonds for financing projects.
A. J. Scott, 2418 Marti Rae Court, spoke regarding parking meter funds.
Wayne Peace, 645 Sunny Brook Isle, spoke in favor of construction of the parking
structure.
Councilman Tillman stated that he would submit a proposal for financing the
Par -3 Golf Course.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Stone, that the Acting City Manager be directed to provide a report
detailing financing alternatives for the parking structure, the par -3 Golf Course,
garbage dump perimeter protection device, and the corporation yard, and that
the report and resolutions authorizing agreements for bond counsel and financial
advisor services relative to financing City projects be placed on the agenda of
December 18, 1979; the motion passed by unanimous voice vote - 5.
79 -828 From Acting City Manager transmitting information relative to Otis /Oak
Mini Park.
Councilman Tillman made a motion, seconded by Councilman Diament, that the
report be accepted and the resolution considered out of order. The motion
carried by unanimous voice vote - 5.
RESOLUTIONS
79 -829, Resolution No. 9190, "Adopting Drawings of Second Concept for Otis /Oak
Mini Park ".
Councilman Diament made a motion, seconded by Councilman Stone that the Resolution
be adopted; the motion carried by the following roll call vote:
Ayes: 5. Noes: None. Absent: None.
December 4, 1979
REPORTS AND RECOMMENDATIONS
*79 -830 From Acting City Manager recommending acceptance of improvements for
Parcel Map 2865 northeast corner of Central and Sherman, and that the bond in
the amount of $15,100 be returned. Approved.
*From Acting City Manager recommending acceptance of improvements for Parcel
Map 2706, Mariner Square Drive and Mariner Square Loop (four lots for
business office buildings), and that the $40 cash deposit and the irrevocable
letter of credit in the amount of S133,000 be returned. Approved.
COUNCIL REFERRALS
79 -831 Councilman Diament stated that a local ordinance regarding unit pricing
in stores may be coming up and requested that the City Attorney obtain a copy
of the San Francisco ordinance regarding unit pricing.
79 -832 Councilman Tillman stated that he will be attending a meeting of the
San Leandro Bay Transportation Study Commission on December 17, 1979, at 4:00 p.m.,
at the Port of Oakland, and anticipates that they will vote on the finalized
report. He requested Councilmembers to let him know of any concerns they might
have regarding the final report.
79 -833 Councilman Tillman requested that an audit be made of the City's Monies
for the incoming City Manager.
79 -834 Councilman Stone requested information as to the status of Engineering
for the Fernside Extension. The City Engineer stated that they had requested
proposals from Engineering firms, and expect to have consultant proposals in soon.
79 -835 Councilman Stone requested a report by December 18, 1979, on Patton Way
regarding alternatives and advice as to what can be done to get the project
underway.
79 -836 President Corica stated he had complaints about motorcycles with noisy
mufflers and suggested the possibility of enacting legislation making it illegal
for parts houses to sell other than stock mufflers for motorcycles.
79 -837 President Corica stated that he had contacted the persons on the
Ad -Hoc Rent Evaluation Committee to see if they were interested in serving on
the committee to monitor renter /owner complaints. He further stated that he
had obtained three persons to serve on the committee as follows: Kay Coltrain,
544 Central Avenue; Linda Messia, 544 Central Avenue; and Linda Pritchard,
Social Services Human Relations Board. He further stated that he would continue
his attempts to obtain members for the committee.
RESOLUTIONS
*79 -838 Resolution No. 9191, Commending John Goss for his years of service to
the City of Alameda. Adopted.
*79 -839 Resolution No. 9192, Commending Leora Ricketts, Member of the Social
Services Commission of the County of Alameda, for her services to the City
and County of Alameda. Adopted.
*79 -840 Resolution No. 9193, Approving Parcel Map No. 2607 for division of
property within the block bounded by Broadway, Blanding Avenue and Tilden Way,
Alameda, California, permitting recording thereof and finding said Parcel Map
consistent with City's General Plan. Adopted.
December 4, 1979
*79 -841 Resolution No. 9194, Establishing rates and fees to be charged for
play on Alameda Municipal Golf Courses. Adopted.
INTRODUCTION OF ORDINANCES
79 -842 Ordinance No. , New Series, amending Ordinance No. 1931 by amending
Section 11 -14D9 of the Alameda Municipal Code relating to condominium conversion
fees
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
Ordinance be introduced and passed to print.
Councilman Stone stated that she would vote against the Ordinance inasmuch as
she felt a 510,000 deposit should be made by applicants.
Upon call of the roll, the motion carried by the following roll call vote:
Ayes: 4. Noes: Councilman Stone - 1. Absent: None.
ORDINANCES FOR PASSAGE
79 -843 Ordinance No. 1991 New Series, Amending the Business License of the
City of Alameda.
William Pedder spoke in opposition to the Business License Tax, and introduced
his client Marshal Carpenter, Premier Communications.
Mr. Carpenter spoke in opposition to the ordinance.
The City Attorney recommended that the ordinance be amended to change the license
fees based upon 3% of gross receipts and change references to "CATV" to
"Alameda Television Subscription Service ".
Councilman Sherratt stated that he felt the MD System should be under a different
license category than Cable TV.
After further Council discussion, Councilman Diament made a motion, seconded by
Councilman Tillman, that the Ordinance be finally passed subject to the amendments
recommended by the City Attorney; the motion carried by the following roll call
vote: Ayes: 4. Noes: Councilman Sherratt - 1. Absent: None.
BILLS
*79 -844 An Itemized List of Claims, certified by the City Manager as correct, was
approved in the amount of 5285,943.90.
ADJOURNMENT
79 -845 Councilman Sherratt made a motion, seconded by Councilman Diament, to
adjourn to Executive Session for a discussion of personnel matters. The motion
carried by unanimous voice vote - 5. At the conclusion of discussion, it was
determined no action would be taken.
There being no further business to come before the meeting, the Council adjourned
at 12:25 a.m. to assemble in regular session on Tuesday, December 18, 1979 at
7:30 o'clock p.m. Respectfully Submitted,
DEEN SPEEGLE
City Clerk
December 4? 1979