1980-02-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY FEBRUARY 19, 1980
Convened at 7:30 o'clock p.m., with President Corica presiding. The
invocation was delivered by Reverend Wally Riches, Twin Towers United Methodist
Church. The Pledge of Allegiance was led by Councilman Sherratt.
ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and
President Corica - 5. Absent: None.
MINUTES
Councilman Sherratt made a motion, seconded by Councilman Stone, that the
Minutes of the Special Council Meetings of January 18 and 22, and the regular
Council meeting of February 5, 1980, be approved as submitted. Councilman
Sherratt stated he would abstain inasmuch as he was not present at the February 5,
1980 meeting. The motion carried on the following roll call vote: Ayes: Councilmen
Diament, Stone, Tillman and President Corica - 4. Noes: None.
Abstaining: Councilman Sherratt - 1. Absent: None.
WRITTEN COMMUNICATIONS
80 -129 From Mayor's 4th of July Parade Committee, signed by Su Schlagel, Chairman,
submitting this years 4th of July Parade Route for Council approval.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
4th of July Parade route be approved as submitted and the resolution considered
out of order; the motion carried on unanimous voice vote - 5.
RESOLUTIONS
80 -130 Resolution No. 9236, "Authorizing Fourth of July 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 on the following roll call vote:
Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5.
Noes: None. Absent: None.
WRITTEN COMMUNICATIONS
80 -131 From Jules Duc Construction Company, signed by Jack S, Aiello, requesting
an extension of one year from December 5, 1979, to December 5, 1980, to complete
work in Tract 4121.
Councilman Stone made a motion, seconded by Councilman Tillman, that the
communication be accepted and the extension of one year from December 5, 1979,
to December 5, 1980, to complete work in Tract 4121 be granted; the motion carried
by the following roll call vote: Ayes: Councilmen Diament, Stone, Tillman and
President Corica - 4. Noes: None. Abstaining: Councilman Sherratt - 1.
Absent: None.
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80 -132 From Warmington Development Company, signed by Jeff Thayer, requesting
an extension of one year from February 6, 1980, to February 6, 1981, to complete
work in Tract 3841.
Councilman Stone made a motion, seconded by Councilman Tillman, that the
communication be accepted and the extension of one year from February 6, 1980,
to February 6, 1981, to complete work in Tract 3841 be granted; the motion carried
by unanimous voice vote - 5.
HEARINGS
80 -133 Hearing in the Matter of proposed amendments to California Environmental
Quality Act (CEQA) Guidelines, Sections 15161(d),15161(h) and 15083(e)
relative to the Negative Declaration process.
The City Attorney stated that the current process was not clear and that these
amendments place the Negative Declaration regulations in one section and clear
up the language.
President Corica explained the procedures to be used in the hearing.
On the call for proponents, there were no speakers.
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 Tillman, that the
resolution relative to the Negative Declaration process be considered out of
order; the motion carried by unanimous voice vote - 5.
RESOLUTIONS
80 -134 Resolution No. 9237, "Amending City of Alameda Guidelines for the
implementation of the California Environmental Quality Act of 1970."
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
resolution be adopted; the motion carried by unanimous voice vote - 5.
APPEALS
80 -135 President Corica stated that the two following appeals would be considered
at the same time inasmuch as V. Mark Rafanelli had submitted both appeals.
From V. Mark Rafanelli appealing the decision of the Planning Board in denying
application for conversion of the Wavecrest Apartments, 2000 -08 Franciscan Way,
to condominiums.
From V. Mark Rafanelli appealing the decision of the Planning Board in denying
application for conversion of the Lanai Apartments, 2020 -28 Franciscan Way, to
condominiums.
Councilman Stone made a motion, seconded by Councilman Tillman,that the appeals be
placed on the Agenda of April 15, 1980.
The City Attorney stated that the Council could decide whether to hear the appeals
based upon a review of the record of the Planning Board proceedings.
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President Corica stated he was opposed to the motion to place the appeals
on the Agenda of April 15, 1980, and that when appeals are placed on the
agenda, the Council should have the record and make the decision whether
to hear the appeal.
Councilman Tillman stated that he would withdraw his second to the motion.
James B. Davis, Attorney, stated that the appeal procedures were unclear and
requested that the appeals be scheduled on the April 15, 1980 agenda.
The City Manager stated he would discuss appeal procedures with the City Attorney
and attempt to clarify the process for future meetings.
Councilman Sherratt made a motion? seconded by Councilman Diament, that the appeals
be scheduled on the agenda of April 15, 1980, and that the record be available for
Council review; the motion carried on the following roll call vote: Ayes: Councilmen
Diament, Sherratt, Stone, and Tillman - 4. Noes: President Corica - 1. Absent: None.
REPORTS AND RECOMMMENDATIONS
80 -136 From City Manager regarding the complaint from D & J Electric, Inc.,
concerning storage of wrecked vehicles in the area of 2400 Clement.
President Corica stated that the complaint had been referred to staff at the
last meeting and staff has talked to persons involved and the situation appears
to be resolved.
John Price, D & J Electric, stated that he had made the complaint and wrecked
cars have been parked on the street for as long as six weeks.
Charles Cook, 2412 Clement; spoke in support of Mr. Price's statement.
Sue Davie, Bob's Auto Wrecking, stated that they had never stored wrecked cars
on the street or abandoned vehicles on street and sometimes owners leave cars
on the street after they are released even though they are advised of the law.
Virginia Vierra „_Bob's Auto Wrecking, stated that Bob's Auto Wrecking was not the
primary offender of illegal pErking.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
report be accepted and the Police Department be instructed to cite vehicles
parked in violation of the law; the motion carried by unanimous voice vote - 5.
RESOLUTIONS
80 -137 Resolution No.9238, "Commending Raymond D. Martin for his many years of
service to the City of Alameda upon his retirement as Auditor /ex- officio Assessor.
Councilman Diament made a motion, seconded by Councilman Sherratt,that the
resolution be adopted with regret that Mr. Martin is retiring; the motion
carried by unanimous voice vote - -5.
President Corica read the resolution of commendation and presented Mr. Martin
with a copy of the resolution signed by all Councilmembers.
Mr. Martin expressed his appreciation to the City for the benefits and experiences
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he has realized during his employment,with. the City of Alameda.
80 -138 Resolution No. , "Designating Bay Farm Island and Harbor Bay
Isle as communities within the City of Alameda and renaming certain streets."
President Corica stated he was opposed to designating a part of the City as a
separate community.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Tillman, that the resolution be withdrawn from the agenda and the
City Engineer be directed to provide a report regarding: 1) CALTRANS requirements
relative to signing on Nimitz Freeway to alleviate traffic problems; and
2) Traffic flow analysis; the motion carried by unanimous voice vote - 5.
80 -139 Resolution No 9239, "Establishing deadlines for General Plan Amendment
applications."
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.
INTRODUCTION OF ORDINANCES
80 -140 Ordinance No. 2002 , New Series, "Amending the Alameda Municipal
Code by adding Chapter 9 to Title XII thereof relating to item price marking on
packaged consumer commodities.
Councilman Diament recommended that Section (f) relative to sale items be
deleted from the ordinance.
Gerhard Degeman, 304 Sand Beach Road, spoke in support of the ordinance.
After Council discussion, Councilman Tillman made a motion, seconded by Councilman
Diament, that the ordinance be amended to delete Section (f) under Article 2 -
Section 12 -921, 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.
Councilman Tillman recommended that Alpha Beta and other grocery stores who
might be interested be notified that the ordinance will be on the agenda for
final passage March 4, 1980.
80 -141 Ordinance No. 2003 , New Series, "Amending the Alameda Municipal
Code by adding Article 5 to Chapter 2 of Title IV thereof prohibiting the
consumption of alcoholic beverages on public streets, sidewalks and rights -of -way
within the City.
Councilman Sherratt stated he felt the ordinance would be difficult to enforce
and would not be effective.
The City Manager stated the ordinance would be used by the Police Department as
a tool to curb drinking in the Jackson Park area.
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The following persons spoke in opposition to the ordinance:
Gerhard Degeman, 304 Sand Beach Road
Ed Ronald, 1174 Park Avenue
The following person spoke in favor of the ordinance:
Russ Suising, 221 Santa Clara Avenue
After considerable Council discussion, Councilman Tillman made a motion,
seconded by Councilman Diament, that the ordinance be introduced and passed
to print; the motion carried by the following roll call vote:
Ayes: Councilmen Diament, Tillman and President Corica - 3. Noes: Councilmen
Sherratt and Stone - 2. Absent: None.
FINAL PASSAGE OF ORDINANCES
80 -142 Ordinance No. , New Series, "Amending the Alameda Municipal
Code by Repealing Subdivision (3), Amending Subdivision (14), Repealing
Subdivision (52), Amending Subdivision (43), and Adding Subdivision (83) to
Section 17 -333 thereof relating to all time and limited No Parking." (emergency)
(Jackson Park area).
President Corica stated that he had personally conducted counts of cars
parked at different times and summarized the results to the Council.
Myron Wilson, 1166 Park Avenue, recommended that the Council consider
the use of volunteer citizens being designated "Special Deputies" to
observe and report violations of the law to the Police Department.
The City Manager stated that he would get input from the Police Department
and provide a report on Mr. Wilson's suggestion.
Cecil McKinstry, 1232 Park Avenue,recommended that police provide additional
coverage at Jackson Park.
Councilman Sherratt stated he felt the no parking regulations would be
ineffective in solving problems at Jackson Park and that the Council needed
further information.
Councilman Diament made a motion, seconded by Councilman Tillman, that the
ordinance be amended to delete the provision that it be effective as of
February 19, 1980, and introduced and passed to print; the motion carried by
the following roll call vote: Ayes: Councilmen Diament, Tillman, and
President Corica - 3. Noes: Councilmen Sherratt and Stone - 2. Absent: None.
President Corica obtained the consent of Council and directed as follows:
1) That the Traffic Advisory Committee explore parking alternatives for the
Jackson Park area, including red curbs and diagonal parking; 2) That additional
counts of parking around Jackson Park be made; and 3) That the reports be
available for the March 4; 1980 meeting.
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CONSENT CALENDAR
80 -143 President Corica stated that the report from Burton Crowell concerning
the status of Patton Way would be withdrawn from the Consent Calendar and placed
on the agenda of March 4, 1980.
80 -144 President Corica stated that the four resolutions regarding Tracts
4288 and 4254 would be withdrawn at the request of the developer because of
some legalities that must be resolved.
Councilman Stone 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: Councilman Diament, Sherratt, Stone, Tillman,
and President Corica - 5. Noes: None. Absent: None. Items so enacted or adopted
will be indicated by an ( *).
REPORTS AND RECOMMENDATIONS
*80 -145 From City Manager regarding the Roemer Bird Sanctuary. Accepted.
*80 -146. From Secretary of Planning Board submitting recommendation regarding
approval of Tentative Map for Tract 4374, "Park Webster," a Condominium Conversion
Project at1333 Webster Street. Accepted and Council set the hearing date of
Tuesday, March 4, 1980.
*80 -147. From Assistant Director of Recreation and Parks recommending that P.W. 8 -78 -8,
Washington Park Development, Area B, Phase III, be accepted and the Notice of
Completion filed. Approved.
RESOLUTIONS
*80 -148 Resolution No. 9240, "Directing Mayor and Chairman of the Housing Authority
of the City of Alameda to request assistance of Board of Realtors in identifying
possible Section 8 Housing within the City." Adopted.
*80 -149 Resolution 9241, "Authorizing execution of agreement with Albert Horowitz
for personal services. (Planning services relating to Alameda Marina Village)."
Adopted.
*80 -150 Resolution No. 9242, "Accepting terms and authorizing execution of
cooperative agreement for development with the California Department of Boating
and Waterways and the California Department of Fish and Game for the Alameda Public
Access Project." Adopted.
*80 -151 Resolution No. 9243, "Authorizing execution of License Agreement with
Harbor Bay Isle Associates for installation and maintenance of seven bus shelters
on Bridgeway Road and Mecartney Road." Adopted.
FINAL PASSAGE OF ORDINANCES
*80 -152, Ordinance No. 1999 New Series, "Amending the Alameda Municipal Code
by adding certain sections thereto and amending certain sections thereof relating
to Community Care Facilities." Adopted.
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*80 -153 Ordinance No. 2000 New Series, "Authorizing the transfer of certain
City -owned real property to the Alameda Unified School District." Adopted.
*80 -154 Ordinance No. 2001 New Series, "Amending the Alameda Municipal Code
by adding Chapter 4 to Title XIV thereof relating to adoption and enforcement
of Fire Codes." Adopted.
BILLS
*80 -155 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of $118,427.70.
FILING
*80 -156 Agreement with Albert Horowitz for personal services.
Cooperative agreement with State of California regarding Alameda
Public Access Project.
License agreement with Harbor Bay Isle Associates relative to bus
shelters on Bridgeway Road and Mecartney Road.
RETURN TO REGULAR AGENDA
UNFINISHED BUSINESS
80 -157 Councilman Sherratt stated that there had been severe beach erosion,
particularly along Shore Line Drive, due to recent rains and high tides and
that he planned to convene a meeting of the Beach Erosion Committee within
two weeks.
After considerable Council discussion, President Corica obtained the consent
of Council and directed as follows: 1) That the City Engineer take whatever
steps are necessary to maintain the health and safety of residents in the
beach area and to preserve Shoreline Drive; and 2) That Congressman Fortney
Stark, Corps of Engineers, and Bay Conservation Development Commission be ad-
vised of the situation immediately.
80 -158 Councilman Sherratt stated that the Airport Land Use Commission recently
considered the Air Installation Compatible Use Zone (AICUZ) established by
the Navy for Runway 25 and the Commission had not concurred with the requests
made by the Navy. He further stated that Naval Air Station records indicated
that approximagely 800 flights of 2000 were over Webster, and he had requested
the Navy to have pilots use a "straight in" approach to avoid flying over the
City of Alameda. Councilman Sherratt also stated that the Navy had agreed to
use a "straight in" approach, and he planned to pursue the matter further.
80 -159 Councilman Tillman referred to a status report prepared for Council review
by the CETA Coordinator regarding positions filled under Title II -D and Title VI
funding and stated he had requested this information inasmuch as Council will
be allocating funds, and established deadlines must be met. He further stated
that information should be sent to Community Based Organizations as soon as
possible in order for them to meet deadlines. Councilman Tillman noted that
deadline dates will be furnished to Council at the time they receive additional
material.
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NEW BUSINESS
80 -160 Consideration of appointment of Member to Pension Board.
President Corica nominated Vincent L. Luczak for appointment to the
Pension Board and directed that the implementing resolution be placed
on the agenda of March 4, 1980; the nomination was seconded by Councilman
Sherratt and was approved by unanimous voice vote - 5.
80 -161 President Corica obtained the consent of Council and directed that
a Special Joint Meeting of the Council and the Public Utilities Board be
scheduled at 7:30 p.m., Tuesday, February 26, 1980, in the Council Chamber.
ADJOURNMENT
There being no further business to come before the meeting, the Council adjourned
at 9:50 p.m. to assemble in regular session on Tuesday, March 4, 1980, at 7:30 p.m.
Respectfully submitted,
DEEN SPEEGI±E
City Clerk
2/19/80