1980-03-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
TUESDAY MARCH 4, 1980
The meeting convened at 7:30 p.m. with President Corica presiding. Pledge
of Allegiance was led by Janet Follrath, Girl Scout Mayor for the day.
The invocation was delivered by Reverend Charles N. Nahnsen, Immanuel Lutheran
Church.
ROLL CALL
Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica - 5.
Absent: None.
SPECIAL ORDERS OF THE DAY
80 -163 Girl Scouts in Government Day.
President Corica read a Proclamation proclaiming March 4, 1980, as Girl Scout
in Government Day in Alameda and presented the proclamation to the Girl Scouts.
President Corica stated that the Girl Scouts had been assigned positions in
City Government for the day and had met with their counterparts and learned
about departmental and City functions. He expressed appreciation to the Girl
Scouts and their parents for participating in Girl Scout in Government Day.
President Corica presented certificates in recognition of the Girl Scouts
participation as follows:
Janet Follrath Troop 1841
Tracie Klein Troop 1841
Christine Peters Troop 710
Linda Garcia Troop 1841
Beth Harris Troop 1841
Nancy Storm Troop 710
Jennifer Cardwell Troop 520
Julia DeClue Troop 2319
Wendy Van De Veer Troop 710
Sylvia Gibson Troop 1052
Dorothy Reyes Troop 1538
Marcey Jo Kliem Troop 1358
Heidi Benson Troop 4
Sara Wright Troop 710
Jennifer Trotter Troop 710
Christine Lynch Troop 710
Barbara Dwyer Troop 2319
Jill Beireis Troop 2117
Cheryl White Troop 2117
Marta Walsh Troop 1841
MINUTES
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
Minutes of the Special Council Meeting of February 12, 1980, and the regular
Council meeting of February 19, 1980, be approved as submitted; the motion
carried by unanimous voice vote - 5.
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80 -164 Councilman Sherratt made a motion, seconded by Councilman Diament, that
the resolution appointing member of the Pension Board be considered out of order;
the motion carried on unanimous voice vote - 5.
RESOLUTIONS
80 -165 Resolution No. 9244, "Appointing Member of the Pension Board (Vincent L.
Luczak)." Councilman Sherratt made a motion, seconded by Councilman Diament,
that the resolution be adopted; the motion carried by the following roll call
vote: Ayes: Councilman Diament, Sherratt, Stone, Tillman and President Corica - 5.
Noes: None. Absent: None.
The Clerk administered the Oath of Office to Mr. Luczak upon request.
CONSENT CALENDAR
President Corica stated that the two resolutions relative to Tract 3843 would
be withdrawn from the Consent Calendar at the request of the developer and that
requests were received for discussion of the report from Burton Crowell
concerning the status of Patton Way, resolutions relative to Tract 4254 and 4288
and the ordinance regarding item pricing.
Councilman Tillman made a motion, seconded by Councilman Sherratt, that the
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. Those items so enacted,
adopted, or approved are indicated by an asterisk ( *).
REPORTS AND RECOMMENDATIONS
80 -166 From Burton Crowell, Project Coordinator, concerning the status of
Patton Way.
Russell Suising, 221 Santa Clara Ave, spoke regarding the contracts for the
environmental work.to be done on Patton Way.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
report be accepted; the motion carried by unanimous voice vote - 5.
*80 -167 From Purchasing Agent recommending approval of the purchase of seven
police cars through the Cooperative Purchasing Agreement with the State of
California. Approved.
*80 -168 From Purchasing Agent recommending approval of the purchase of a
Rotary Mower and a Greensmower from Westoro Distributors for a combined total
of $14,354.79. Approved.
*80 -169 From Director of Recreation and Parks recommending awarding a contract
to Samson Construction Company for construction of Washington Park Development
Phase IV, Area B, P.W. 9 -79 -10 in the amount of S51,100.00. Approved.
RESOLUTIONS
*80 -170 Resolution No. 9245, "Expressing support for reinstated funding for the
San Leandro Bay Survey for Fiscal Year 1981." Adopted.
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*80 -171 Resolution No. 9246, "Authorizing execution of Agreement with
Theresa Hughes and Associates in connection with preparation of environmental
documents for the Patton Way Project." Adopted.
80 -172 Resolution No. 9247, "Approving Final Map of Subdivision known as
Tract 4254 and accepting certain Dedicated Easements and a Parcel of Land."
The City Attorney stated that the resolutions relative to Tract 4254 and 4288
had been postponed from February 19, 1980, in order to insure that City reserves
right to have a franchise for CABLE TV and that these provisions have been made.
Councilman Diament made a motion, seconded by Councilman Stone, 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.
80 -173 Resolution No. 9248, "Authorizing execution of Agreement for construction
and completion of improvements in connection with Subdivision Tract 4254 and
approving bonds as to sufficiency."
Councilman Diament made a motion, seconded by Councilman Stone, 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.
80 -174 Resolution No. 9249, "Authorizing execution of Agreement for construction
and completion of improvements in connection with Subdivision Tract 4288 and
approving bonds as to sufficiency."
Councilman Diament made a motion, seconded by Councilman Stone, 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.
80 -175 Resolution No. 9250, "Approving Final Map of subdivision known as Tract
4288 and accepting certain Dedicated Easements."
Councilman Diament made a motion, seconded by Councilman Stone, 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.
*80 -176 Resolution No. 9251, "Declaring a local emergency relative to Alameda
South Shore Beach." Adopted.
FINAL PASSAGE OF ORDINANCES
80 -177 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."
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The following persons spoke in favor of the ordinance:
Gerhard Degemann, 304 Sand Beach Rd.
Joseph Sullivan, 221 Liberty Avenue
Bill Parcell, representing the Northern California Division of Alpha Beta, stated
that Alpha Beta is currently doing some testing regarding labor costs for item
pricing and requested that the Council reconsider the ordinance again in one year.
Councilman Sherratt stated that if Alpha Beta feels the ordinance should be
reconsidered at the end of one year that it could be brought to the Council's
attention at that time and recommended that the ordinance be adopted.
Councilman Diament made a motion, seconded by Councilman Stone, that the
ordinance be finally passed; the motion carried on the following roll call vote:
Ayes: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5.
Noes: None. Absent: None.
BILLS
*80 -178 An Itemized List of Claims, certified by the City Manager as correct,
was approved in the amount of S79,107.78.
FILING
*80 -179 Agreement in connection with Subdivision Tract 3843.
Agreement with Theresa Hughes relative to the Patton Way Project.
Agreement in connection with Subdivision Tract 4288.
Agreement in connection with Subdivision Tract 4254.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
80 -180 From the Alameda County Admission Day Celebration Committee, signed by
Richard F. McCarthy, requesting that the City of Alameda consider the appropriation
of S100.00 or more, to assist the Committee to meet the expense of the community
promotion.
Councilman Sherratt made a motion, seconded by Councilman Diament, that Mayor
Corica write a letter to the Alameda County Admission Day Celebration Committee
expressing the Council's regret that the City is unable to contribute due to
budgetary limitations; the motion carried by unanimous voice vote - 5.
80 -181 From Mrs. Mary A. Eilertson, 336 Oleander Avenue, regarding placement of
signs to designate the location of Alameda Hospital.
Councilman Sherratt made a motion, seconded by Councilman Tillman, that placement
of signs to designate the location of Alameda Hospital be referred to the
Traffic Advisory Committee; the motion carried by unanimous voice vote - 5.
80 -182 From Great American Homes, signed by Ed Petersen, requesting extension
of time for completion of public improvements in Tracts 4024, 4025, and 4026 for one
year to November 7, 1980.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
request for extension of time for completion of public improvements in Tracts 4024,
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4025 and 4026 for one year be approved; the motion carried by unanimous voice
vote - 5.
HEARINGS
80 -183 Hearing in the flatter of a request to amend by deletion of Sections
11- 14D2(f) and 11- 14D3(g) of the Zoning Ordinance stipulating at least eight
dwelling units are required for conversion of a structure to a multiple house,
ZA -79 -1. Applicant: John Barni.
The Planning Director stated that the Planning Board had denied the application
to amend the zoning ordinance to permit conversion of less than eight dwelling
units to multiple houses.
President Corica explained the procedures to be used in the hearing. On the
call for proponents in support of the Planning Board decision, there were no
speakers.
On the call for opponents, persons opposing the Planning Board decision, the
following persons spoke:
John Barni, 1277 Bay Street
Frank Price, 1710 Palmera Court
John Crittendon, Alameda Board of Realtors
President Corica declared the hearing closed.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Diament, that the ordinance, "Amending the Alameda Municipal Code
by repealing Sections 11- 14D2(f) and 11 -14D3 (g) thereof to permit conversion
of less than eight dwelling Units to multiple houses," be withdrawn from the
agenda and considered at the same time revisions to the condominium conversion
ordinance are considered by Council; the motion carried by unanimous voice
vote - 5.
80 -184 Hearing in the Matter of a Tentative Map for Tract 4374 for the proposed
conversion to condominiums of the Park Webster Apartments at 1333 Webster Street.
The Planning Director stated that the Planning Board had recommended approval of
the Tentative Map subject to 32 conditions outlined in the report dated
January 31, 1980.
Dan Reidy, Consultant for the City, recommended that if the Council approves the
Tentative Map that they make it subject to the seven findings listed under
"a. Recommended Findings" outlined in his report dated January 7, 1980.
President Corica explained the procedures to be used in the hearing.
On the call for proponents, Samuel Young, Attorney representing Heritage
Properties spoke in favor of the proposed condominium conversion.
The following residents of Park Webster Apartments also spoke in favor of the
condominium conversion:
George Aitkens
Whit Mather
Mrs. Guzzy
Edwin Schmeyer
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Carl Thompson
Tim Sanderson
Emma Cummings
Tom Robinson
Sybil McCabe
Kurt Stein
Ken Cummings
Dianne Egan
After considerable Council discussion, Councilman Sherratt made a motion,
seconded by Councilman Diament, that the Tentative Map for Tract 4374 be
approved subject to the following conditions:
1. The thirty -two conditions contained in the report from Secretary
of the Planning Board dated January 31, 1980.
2. The seven findings listed under "a. Recommended Findings"
outlined in the report from Daniel F. Reidy dated January 7, 1980.
3. The condition listed under "Additional Park Webster Hardship
Condition" in the report from Mr. Davis on February 27, 1980.
Upon call of the roll, the motion carried by unanimous voice vote - 5.
Councilman Tillman requested that the developer submit a report to Council
every three months regarding tenant participation, particularly as it relates
to senior citizens and handicapped persons.
Mr. Samuel Young, Attorney for Heritage Properties,stated they would comply with
the request.
Councilman Diament made a motion, seconded by Councilman Sherratt, that the
resolution approving the Tentative Map for Tract 4374 be considered out of order
at this time; the motion carried by unanimous voice vote - 5.
RESOLUTIONS
80 -185 Resolution No. 9252, "Approving Tentative Map for Tract 4374, a
Condominium Conversion Project at 1333 Webster Street, 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: Councilman Diament, Sherratt, Stone, Tillman and President Corica - 5.
Noes: None. Absent: None.
REPORTS AND RECOMMENDATIONS
80 -186 From Director of Recreation and Parks regarding the status of the
proposed Senior Center site selection.
Councilman Sherratt made a motion, seconded by Councilman Diament, that the
report be accepted; the motion carried by unanimous voice vote - 5.
3/4/80
RESOLUTIONS
80 -187 Resolution No. 9253, "Amending Salary and Position Resolution No. 9162
by amending the salary of the Assistant City Manager and by deleting the
position of Personnel Director."
Daniel Reidy, Attorney for the Alameda Municipal Management and Confidential
Employees Association, stated that the Association had some concerns as to
whether one person could handle administration of the Personnel Office as well
as the responsibilities of Assistant City Manager.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Diament, 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.
80 -188 Resolution No. 9254, "Adopting budgets for expenditure of funds apportioned
from the Highway Users Tax Account in the Transportation Tax Fund to Cities."
Councilman Sherratt made a motion, seconded by Councilman Diament, 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.
INTRODUCTION OF ORDINANCES
80 -189 Ordinance No. , New Series, "Authorizing the acquisition of certain
real property for street, highway and general municipal purposes
(Fernside Boulevard Extension - 3288 Encinal Avenue)."
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: Councilmen Diament, Sherratt, Stone, Tillman and
President Corica - 5. Noes: None. Absent: None.
FINAL PASSAGE OF ORDINANCES
80 -190 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 Diament made a motion, seconded by Councilman Tillman, that the
ordinance be finally passed; the motion carried on the following roll call vote:
Ayes: Councilmen Diament, Tillman and President Corica - 3. Noes: Councilmen
Sherratt and Stone - 2. Absent: None.
80 -191 Ordinance No. , New Series, "Amending the Alameda Municipal Code byrepealing
Subdivision (3), amending Subdivision (1-4), repealing Subdivision (52), amending
Subdivision (43), and adding Subdivision (83) to Section 17 -333 thereof relating to
all time and limited no parking. (Jackson Park Area)."
President Corica stated that the Police Department has done a good job of
enforcement at Jackson Park and the situation seems to be improved. He
recommended that the Council not impose the parking limitations at this time
and see whether further complaints are received.
3/4/80
After further Council discussion, Councilman Diament made a motion, seconded by
Councilman Sherratt, that the ordinance be finally passed; the motion FAILED
by the following roll call vote: Ayes: Councilman Diament - 1. Noes: Councilmen
Sherratt, Tillman, Stone and President Corica - 4. Absent: None.
80 -192 Ordinance No. 2004, New Series, "Authorizing the Northern California Power
Agency to issue revenue bonds,"
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, Stone, Tillman and President Corica - 5.
Noes: None. Absent: None,
UNFINISHED BUSINESS
80 -193 Consideration of appointment of members to the Rent /Landlord Monitor
Committee.
President Corica nominated the following persons to the Committee, seconded by
Councilman Sherratt; the motion carried by unanimous voice vote - 5.
Kay Coltrane- - renter.
Betty Richardson - renter.
Dan Lasar - owner.
Don Wolfe - owner.
Risk Teske - owner.
Thomas Ferris - renter.
Linda Pritchard - realtor.
Councilman Sherratt made a motion, seconded by Councilman Stone, that the
committee be designated the Rent Review Advisory Committee; the motion carried
by unanimous voice vote 5.
Councilman Stone recommended Raymond Nisewaner be appointed to the Ad hoc Efficiency
Committee. President Corica obtained the consent of Council and so ordered.
Councilman Sherratt stated that he had previously recommended Mr. Diament to the
Ad Hoc Efficiency Committee but he had declined.
Councilman Tillman referred to a covenant with Harbor Bay Isle relative to the
construction of 3200 units in Harbor Bay Isle and stated that he would not move
on anything in Harbor Bay Isle until the covenant has been before Council.
Councilman Tillman stated he was concerned about the lease with Island City Gun
Club inasmuch as the revenue to the City is only S1.00 per year and the use does
not appear to be compatible with the surrounding area.
After Council discussion, President Corica obtained the consent of Council and
directed the City Manager to designate staff to investigate the matter as to zoning
and possibility of options relative to the lease.
Councilman Tillman referred to a letter to the City Manager from Island City
Gun Club dated February 27, 1980 alleging that the City constructed a road
across property leased by Island City Gun Club and requested that Council be
apprised regarding the matters addressed in the letter.
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80 -194 Councilman Tillman stated that erosion at South Shore Beach is a serious
problem which has been addressed many times and recommended that a permanent
solution to this problem be found. He further stated that Utah Construction
Company had done the land fill on South Shore Beach and it has not held up.
80 -195 Councilman Tillman stated that he resigned his directorship with
the H.O.P.E. Organization and the Boy's Club due to conflict of interest as
prescribed by A.C.T.E.B /A.C.A.P. and that he currently belongs to the N.A.A.C.P.
ORAL COMMUNICATIONS, GENERAL
80 -196 Joseph Sullivan, 221 Liberty Avenue, expressed his concern regarding
erosion at South Shore Beach.
80 -197 John Barni, 1277 Bay Street, stated he received a letter from the City
Attorney regarding acquisition of property for the Fernside Boulevard Extension
and requested a copy of the appraisal report for Fernside Boulevard Extension.
The City Attorney stated that Mr. Barni could obtain a copy of the report from
his office.
ADJOURNMENT
80 -198 Councilman Sherratt made a motion, seconded by Councilman Diament, that
the Council adjourn to Executive Session for a discussion of litigation and
personnel matters; the motion carried by unanimous voice vote - 5.
After Council discussion, Councilman Sherratt made a motion, seconded by
Councilman Diament, that the Council reconvene the regular meeting; the
motion carried by unanimous voice vote - 5.
80 -199 Councilman Sherratt made a motion, seconded by Councilman Tillman,
that the City Clerk's salary be increased to the third salary step, $1983 per
month, as of March 11, 1980; the motion carried by unanimous voice vote - 5.
There being no further business to come before the meeting, the Council adjourned
at 11:40 p.m., to assemble in regular session on Tuesday, March 18, 1980, at
7:30 o'clock p.m.
Respectfully submitted,
DEEN SPEEGLE
City Clerk