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1980-05-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MAY 6, 1980 Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance was led by Councilman Tillman. The Invocation was given by Rabbi Gunther Gates, Temple Israel. ROLL CALL: Present: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Absent: Councilman Stone - 1. MINUTES Councilman Sherratt made a motion, seconded by Councilman Diament, that the Minutes of the regular Council meeting of April 15, 1980, be approved as submitted; the motion carried by unanimous voice vote - 4. CONSENT CALENDAR Councilman Sherratt made a motion, seconded by Councilman Diament, that all of the following items on the Consent Calendar be approved; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. Items so enacted, adopted, or approved are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *80-300 From Secretaryof Planning Board requesting that a hearing date of Tuesday, May 20, 1980, be scheduled regarding Tentative Map for Tract 4467. The Council set the hearing date of Tuesday, May 20, 1980. *80-301 From City Manager regarding the status of Comprehensive Employment Training Act (CETA) monies. Accepted. *80-302 From City Manager concerning vandalism at Franklin Park. Accepted. *80-303 From City Manager recommending that City Hall be designated as a National Historical Monument. Approved. RESOLUTIONS *80-304 Resolution No. 9280, "Consent to cancellation of uncollected City taxes, penalties and costs based on the consent of the County Legal Adviser." Adopted. INTRODUCTION OF ORDINANCES *80-305 Ordinance No. 2008, New Series, "Amending the Alameda Municipal Code by adding Subsection (30) to Section 1/-344.1 thereof relating to twenty-four minute parking limit (Emergency)." Emergency ordinance introduced and finally adopted. May 6, 1980 *80 -306 Ordinance No. , New Series, "Authorizing grant of easement for public purposes to Pacific Gas and Electric Company (Tidelands Easement)." Passed to print. FINAL PASSAGE OF ORDINANCES *80 -307 Ordinance No. 2009, New Series, "Amending the Alameda Municipal Code by adding Subsection (f) to Section 2 -539 thereof to clarify employees' nonentitlement to sick leave for injury arising in course of employment with City." Finally adopted. BILLS *80 -308 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $314,840.42. RETURN TO REGULAR AGENDA Councilman Sherratt made a motion, seconded by Councilman Diament, that the resolutions appointing members to the Civil Service Board be considered out of order at this time;the motion carried by unanimous voice vote - 4. RESOLUTIONS 80 -309 Resolution No. 9281, "Appointing Member of the Civil Service Board (Tom D. Paddison)." 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, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. Upon request, the Clerk administered the oath of office to Mr. Paddison. 80 -310 Resolution No. 9282, "Appointing Member of the Civil Service Board (Louis A. Shannon)." 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, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. Upon request, the Clerk administered the oath of office to Mr. Shannon. WRITTEN COMMUNICATIONS 80 -311 From Alameda Unified School District, signed by Superintendent Clarence R. Kline, regarding finalization of documents relative to lease of the Mastick School site as a Senior Center. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be accepted and staff directed to finalize documents for Council consideration; the motion carried by unanimous voice vote - 4. 80 -312 From Link Robinson Construction Company, Inc., signed by Robert L. Robinson, requesting refund of fees in the amount of $2,926.00 paid in connection with a Building Permit issued for construction of a combination office /apartment building which was not constructed. May 6, 1980 Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be accepted and referred to staff for investigation and report back to Council; the motion carried by unanimous voice vote - 4. 80 -313 From Robert W. Zimmerman, 815 Grand Street, regarding building of apartment houses and assurance that the Charter Amendment relative to building of multiple dwelling units be upheld. President Corica noted that staff had investigated the buildings referred to by Mr. Zimmerman, and the provisions of Measure A were not being violated. Councilman Diament made a motion, seconded by Councilman Sherratt, that the communication be accepted; the motion carried by unanimous voice vote - 4. 80 -314 From Joseph E. Spott University Board of Regents requesting to address the Council regarding implementation of a Rape Prevention Program. Councilman Diament made a motion, seconded by Councilman Sherratt, that the communication be accepted and referred to the Police Department for a recommendation back to Council; the motion carried by unanimous voice vote - 4. President Corica noted that funds may not be available from the Law Enforcement Assistance Act for next fiscal year. 80 -315 From Gerhard W. Degemann, 304 Sand Beach Road, regarding youth participation in local government. Mr. Degemann spoke in support of more involvement of youth in local government. President Corica noted that several youth organizations participate in government, and that the Council has supported and will continue to support youth participation. 80 -316 From Sofian Qutob, 901 Santa Clara Avenue, requesting to continue to use the existing free standing pole sign at the corner of 9th Street and Santa Clara Avenue. The City Manager stated there are still some outstanding issues and recommended the matter be referred to staff. Mr. Qutob stated he was prepared to cooperate to resolve the matter. Councilman Sherratt made a motion, seconded by Councilman Diament, that the communication be accepted and referred to staff to resolve the issues and report back to the Council; the motion carried by unanimous voice vote - 4. 80 -317 From the Alameda Victorian Preservation Society, submitting petition with 27 signatures, in support of the goals of the Historic Preservation Element and requesting that May 11 - 17, 1980, be designated as "Preservation Week in Alameda." Councilman Diament made a motion, seconded by Councilman Sherratt, that the communication be accepted and the request for a proclamation granted; the motion carried by unanimous voice vote - 4. President Corica stated that the proclamation had been prepared and would be forwarded to the Alameda Victorian Preservation Society. May 6, 1980 HEARINGS 80 -318 Hearing regarding preliminary application for the Sixth Year Housing and Community Development Act (HCDA) Funds. The City Manager noted that HUD has indicated the submittal must be targeted toward housing for moderate and low- income persons and that this was the second hearing on the application. He further stated that the application emphasizes conversions of certain buildings and facilities not currently used for housing and includes a substantial rehabilitation program. President Corica stated that there had been considerable input from citizens on the application and called for persons interested in speaking. There being no speakers, President Corica declared the public portion of the hearing closed. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the HCDA application not include proposals that could result in density exceeding the limits contained in Measure A; the motion carried by unanimous voice vote - 4. Councilman Sherratt stated he was not comfortable with the proposal to convert facilities in commercial districts to housing units without knowing the areas involved, and particularly where parking requirements are waived. The City Manager stated that the application would be submitted to HUD in June, and a map showing the units to be considered for conversion to housing would be before the Council for review prior to the submittal. After further Council discussion, Councilman Tillman made a motion, seconded by Councilman Diament,that the resolution approving the application be considered out of order; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Tillman, and President Corica - 3. Noes: Councilman Sherratt - 1. Absent: Councilman Stone - 1. RESOLUTIONS 80 -319 Resolution No. 9283, "Authorizing submission of application to U.S. Department of Housing and Urban Development for funds under the Housing and Community Development Block Grant Program (Sixth Year HCDA)." Councilman Diament made a motion, seconded by Councilman Tillman, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Tillman, and President Corica - 3. Noes: Councilman Sherratt - 1. Absent: Councilman Stone - 1. HEARINGS 80 -320 Hearing on the proposed Historic Preservation Element of the General Plan and a review of the Negative Declaration. President Corica expressed to staff, the Historical Advisory Commission, and other volunteers appreciation for their work in developing the Element. May 6, 1980 The Planning Director stated the purpose of the Element was to preserve the City's architectural heritage, and the Planning Board approved the Negative Declaration and recommended adoption of the draft Historic Preservation Element, to include revisions recommended by the Historical Advisory Commission in their communication dated April 8, 1980. President Corica explained the procedures to be used in the hearing and called for proponents, persons in favor of adoption of the Negative Declaration and the Historic Preservation Element. The following persons spoke in support of the Housing Element: Penelope Brewer, Chairman of the Historical Advisory Commission Gary Knecht, 2904 Lincoln Avenue On the call for opponents, there were no speakers. Councilman Sherratt made a motion, seconded by Councilman Diament, that Item No. 12 and Item No. 14 (f) on Page 4 of the Negative Declaration be changed from the "Maybe" classification to the "No" classification under the environmental determinations; the motion carried by unanimous voice vote - 4. Councilman Sherratt made a motion, seconded by Councilman Diament, that the revisions recommended in the communication from the Historical Advisory Commission dated April 8, 1980, be incorporated in the final draft; the motion carried by unanimous voice vote - 4. Councilman Diament made a motion, seconded by Councilman Sherratt, that the Negative Declaration be adopted subject to the abovementioned revisions; the motion carried by unanimous voice vote - 4. Councilman Sherratt made a motion, seconded by Councilman Diament, that the Historic Preservation Element be adopted; the motion carried by unanimous voice vote - 4. Councilman Sherratt made a motion, seconded by Councilman Tillman, that the resolution adopting the Historic Preservation Element be considered out of order; the motion carried by unanimous voice vote - 4. RESOLUTIONS 80 -321 Resolution No. 9284, "Amending the Comprehensive General Plan of the City of Alameda by adopting the Historic Preservation Element thereof and reviewing the Negative Declaration for said Element." Councilman Sherratt made a motion, seconded by Councilman Tillman, that the resolution be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. Councilman Diament read and filed a letter from the League of Women Voters in support of the Historic Preservation Element, dated May 6, 1980. HEARINGS 80 -322 Hearing in the matter of the dilapidated building located at 1807 Santa Clara Avenue. May 6, 1980 The Chief Building Inspector presented photographs of the building at 1807 Santa Clara Avenue and stated that the building, owned by Theodore Klaiber, had been badly burned on February 18, 1979, and few if any repairs had been made. He further stated that the Building Department had been unsuccessful in obtaining permission to enter the building and noted that notices of this hearing had been sent to Mr. Klaiber and his attorney and posted on the property and the affadavit filed with the City Clerk. He also recommended that the property be declared a nuisance and hazard. President Corica explained the procedures to be used in the hearing and called for proponents in favor of the staff recommendation. There being no proponents, he called for opponents. Don Curran, attorney for the owner, estimated it would require approximately $100,000 to rehabilitate the building and stated he had been awarded monies from an insurance policy to make a decision as to what is in the best interests regarding restoration or reconstruction. He stated the monies available would not be sufficient to repair the interior but felt it could be made safe for entry and the roof replaced. He further stated that it had been determined that the property has value and has been placed for sale. The City Manager noted that the insurance money available is $31,000. Mr. Bruce Quan, acting for the City Attorney, stated that the owner would have 30 days to make progress before the City would take further action, and that the 30 days could be extended by the Council. Penelope Brewer, Chairman of the Historical Advisory Commission, stated the Commission would be willing to work with the owner in rehabilitation efforts. John Mitcheom, 1319 High Street, spoke regarding the possibility of purchasing the property. After Council discussion, Councilman Tillman made a motion, seconded by Councilman Diament, that the structure be declared a nuisance, to continue with abatement proceedings, and the relative resolution be considered out of order; the motion carried by unanimous voice vote - 4. RESOLUTIONS 80 -323 Resolution No. 9285, "Declaring structure located at 1807 Santa Clara Avenue a public nuisance, directing owner thereof to abate same by reconstruction, repair or razing, and notifying owner if not abated, City Building Inspector will raze or remove said structure and cause expenses thereof to be made a lien on real property from which it was removed or razed." 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, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. REPORTS AND RECOMMENDATIONS 80 -234 From Chairman of the Historical Advisory Commission requesting the Council's affirmative support in requesting additional State funding to complete the last part of the historical survey work, Phase II. May 6, 1980 Councilman Sherratt made a motion, seconded by Councilman Diament, that the request be approved and the report accepted; the motion carried by unanimous voice vote - 4. 80-325 From Chairman of the Recreation Commission requesting Council endorse- ment of Proposition 1, the Parkland and Renewable Resources Program Bond Issue, on the June 3, 1980, ballot. Councilman Diament made a motion, seconded by Councilman Sherratt, that the Council endorse Proposition 1; the motion carried by unanimous voice vote - 4 80-326 From Chairman of the Recreation Commission recommending that the new park to be opened on Bay Farm Island be named Mecartney Park. Councilman Sherratt recommended that the park be named after a living person or a person from the recent past inasmuch as a road on Bay Farm Island had been named Mecartney Road. He suggested perhaps Abe Kofman, Bill McCall, Geraldine Leydecker, or Lil Arnerich could be considered. After Council discussion, Councilman Sherratt made a motion, seconded by Councilman Diament, that the matter be referred to the Recreation Commission for consideration of naming the new park after a living person or a person from the recent past and that Abe Kofman be considered; the motion carried by unanimous voice vote - 4 80-327 From City Manager submitting additional concerns expressed by the Mayor's Committee for the Handicapped regarding accessibility of buildings. Councilman Sherratt made a motion, seconded by Councilman Diament, that the letters regarding concerns of the Handicapped Committee be held over to May 20, 1980, in order to obtain additional information; the motion carried by unanimous voice vote - 4. Josephine Bixler, Chairperson of the Handicapped Committee, stated the Committee would furnish the Council additional information before the next meeing. 80-328 From City Manager regarding status of Federal Aid Urban (FAU) funding relative to the Patton Way Project. President Corica stated that more information may be available after the May 14, 1980 meeting of the Alameda County Mayors' Conference as that subject will be discussed. Councilman Sherratt made a motion, seconded by Councilman Diament, that the report be accepted; the motion carried by unanimous voice vote - 4. RESOLUTIONS 80-329 Resolution No. 9286, "Authorizing Willie Stargell Day 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 by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. May 6, 1980 80 -330 Resolution No. 9287, "Authorizing execution of architectural services agreement with Italo A. Calpestri, III for the Mastick Senior Center." 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, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. 80 -331 Resolution No. 9288, "Endorsing formula for distribution of Parklands and Renewable Resources Investment Program Bond Act Funds (Proposition 1, June 3, 1980, ballot)" Councilman Diament made a motion, seconded by Councilman Sherratt, that the resolu- tion be adopted; the motion carried by the following roll call vote: Ayes: Councilmen Diament, Sherratt, Tillman, and President Corica - 4. Noes: None. Absent: Councilman Stone - 1. INTRODUCTION OF ORDINANCES 80 -332 Ordinance No. , New Series, "Amending the Alameda Municipal Code by adding Article 6 to Chapter 9 of Title X thereof relating to interim review of older buildings by the Historical Advisory Commission. Councilman Sherratt made a motion, seconded by Councilman Diament, that the ordinance be introduced and passed to print. Penelope Brewer, Chairman of the Historical Advisory Commission, stated that the ordinance defines older buildings and provides that the Commission be advised when applications are received for demolition permits. Russ Sisung, Member of the Historical Advisory Commission, spoke on the matter. President Corica recommended that the ordinance be withdrawn and requested additional information as to other ordinances in effect. Councilman Sherratt withdrew his previous motion. Countilman Tillman made a motion, seconded by Councilman Sherratt, that the ordinance be withdrawn in order to obtain additional information; the motion carried by unanimous voice vote - 4. UNFINISHED BUSINESS 80 -333 Councilman Sherratt stated that the State and County had recently passed legislation regulating sale of drug paraphernalia and requested the City Attorney to prepare an ordinance for placement on the next agenda, or as soon as possible, for Council consideration. 80 -334 Councilman Diament stated that MDS is conducting television operations, that no business license has been issued, and requested the City Manager to investigate. The City Manager stated he would discuss the matter with the City Attorney as to possible actions that may be taken. May 6, 1980 NEW BUSINESS 80 -335 Councilman Tillman stated he would resign from his position as Councilman effective at the close of this Council meeting and read two communications, copies of which were submitted to the Council, relating to his resignation. President Corica recommended that the Council not accept Councilman Tillman's resignation and suggested that he take time to reconsider. Councilmen Diament and Sherratt spoke in support of President Corica's recommendation. The following persons spoke in favor of Councilman Tillman remaining on the Council: Archie Waterberry, 338 Beach Road John Mitcheom, 1319 High Street Joseph Sullivan, 3221 Liberty Avenue ORAL COMMUNICATIONS, GENERAL 80 -336 Joseph Sullivan, 3221 Liberty Avenue, requested that the City Attorney respond to him in writing regarding the discussion at the meeting of April 15, 1980 relative to "Tie Votes." President Corica stated that the City Attorney would comply with his request for a written communication. 80 -337 Councilman Sherratt noted that Planning Director, Don Patterson, is leaving the City and commended him for his accomplishments while working for the City. Councilman Sherratt made a motion, seconded by Councilman Diament, that a resolution commending Don Patterson for his services be prepared and placed on the agenda of May 20, 1980; the motion carried by unanimous voice vote - 4. ADJOURNMENT 80 -338 Councilman Tillman requested that the Council adjourn in tribute to the memory of Edith 1<. Mobley. 80 -339 Councilman Sherratt made a motion, seconded by Councilman Diament, that the Council adjourn to an Executive Session for a discussion of litigation and personnel matters; the motion carried by unanimous voice vote - 4. The Council adjourned to Executive Session in tribute to the memory of Edith K. Mobley. At the conclusion of discussion in Executive Session, it was determined that no action would be taken at this time. There being no further business to come before the meeting, the Council adjourned at 11:30 p.m., to assemble in regular session on Tuesday, May 20, 1980, at 7:30 o'clock p.m. May 6, 1980 Respectfully submitted, DEEN SPEEG City Clerk