1979-08-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY AUGUST 21, 1979
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance
led by Councilman Sherratt; Invocation delivered by Reverend Albert L. Larsen,
Pastor, First Presbyterian Church.
ROLL CALL: Present: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica,
(5). Absent: None.
CONSENT CALENDAR
Councilman Sherratt moved adoption of the consent calendar, seconded by
Diament, carried on unanimous roll call vote. Those items so enacted, approved, or
adopted are indicated by an asterisk /+\.
WRITTEN COMMUNICATIONS
*79-580 The Council set September 4 for a review of the record in an appeal from
Hansen, Murakami, Eshima, Inc., signed by Mr. John 3. Nelson, appealing a decision of
the Plannin Board denying amendment to the Planned Development, PD 79-6, at Harbor Bay
Landing Shopping Center, Harbor Bay Isle (Mobil Oil Service 5tdti0n\,
79-581 From the Alameda Hospital, signed by Mr. Hal Michaels, requesting adoption of
a Resolution by Council in support of the Building Program.
Councilman Sherratt moved acceptance of the communication and the resolution be taken
out of order, seconded by Councilman Tillman, carried on unanimous voice vote.
RESOLUTIONS
79-582 "Resolution No. 9139, Supporting the Application for the Replacement of Beds
and Services for Alameda Hospital." Adopted by motion made by Councilman Sherratt,
seconded by Councilman Diament, carried on unanimous voice vote.
HEARINGS
79-583 In the Matter of Rezoning Petition R-79-6 to reclassify from residential to open
space the shoreline land and water area from the High Street Bridge south to Broadway,
thence south and west to the Alameda city boundaries in the waters of San Francisco Bay.
President Corica explained the procedure to be used in the hearing.
Planning Director Patterson outlined the isSu8.
On a call for proponents, there was no response.
On a call for opponents, Mr. Jeffrey Allen, 1510 Fernside Blvd., spoke regarding the
necessity to obtain a permit to make repairs to an existing dock.
President Corica declared the public portion of the hearing closed.
Councilman Sherratt moved the ordinance be taken out of order, seconded by
Diament, carried on unanimous voice vote. '
INTRODUCTION OF ORDINANCES
79-584 "Ordinance No. , N.5., An Ordinance Reclassifying and Rezoning Certain
Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series
(City of Alameda Planning Board, R-79-6).n Introduced by motion made bv Councilman
Diament, seconded by Councilman Sherratt, carried on the following roll call vote:
Ayes: Five. Noes: None. Absent: None.
Councilman Sherratt moved the planning staff prepare an ordinance to make the following
change in Section I1-1379/a\, to read: "Any structure of building, excepting a
residential structure or building, located within areas described in II-1378 , /a\ /b\,
(c), (d)." The motion was seconded by Councilman Diament, and carried on unanimous
` '
Voice Yote,
Councilman Tillman requested an update of the City Engineer's report of June 2, 1978,
regarding encroachments on public property and the new values of the property.
REPORTS AND RECOMMENDATIONS
79-585 From the Golf Commission, transmitting 1978-79 Financial Report for the Alameda
Municipal Golf Courses.
Councilman Sherratt moved acceptance of the report, with congratulations, seconded bv
Councilman Diament, carried on unanimous voice vote.
by
79-586 From the City Attorney, regarding rent control.
President Corica stated the Council was C0DSideriOg'eStablishiDg a committee of landlords
and renters to study the issue and also was considering establishing a 60-day moratorium
on rent increases.
Councilman Diament suggested the moratorium, if adopted, be effective as of this date.
Councilman Sherratt moved the City Attorney prepare an ordinance implementing the
60-day moratorium on rent increases for consideration at the September 4 meeting, and
those citizens interested in serving on a committee to discuss rent control submit
their names to the Mayor's Office, seconded by Councilman Diament.
Mr. Arch Woodliff, 302 Laguna Vista, spoke in opposition to rent control in Alameda.
Mr, Russ Sisung, 221 Santa Clara Avenue, questioned several aspects of the proposed
moratorium as it related to landlords of a small number of units.
Ms. Kay Coltrane, 544 Central Avenue, urged the Council to establish rent controls.
Ms Darlene Banda, 919 Del Mar Avenue, said she felt the issue deserved consideration
and study, but urged the Council not to impose a moratorium until public hearings on the
issue were held.
Mr. John Mitcheom, 1319 High Street, echoed the opinion of Ms. B8Oda,
Mr. Kurt Bothnick, 544 Central Avenue, suggested the Council investigate controlling the
level of profits earned on rental units.
On a call for the question, the motion carried on unanimous roll call vote.
REPORTS AND RECOMMENDATIONS
79-587 Held over from the meeting of August 7, from the City Manager recommending
approval of Parcel Map 3037.
Mrs. Rosalie McPherson, 1128 Marianas Lane, asked whether the questions she had
raised at the August 7 meeting had been resolved. The City Attorney and the City
Engineer responded this Parcel Map was being presented to the Council in the
appropriate manner.
Councilman Sherratt moved acceptance of the report and the resolution be taken out of
order, seconded by Councilman Tillman, carried on unanimous voice vote.
RESOLUTIONS
79-588 "Resolution No. 9140, Approving Parcel Map No. 3037 for Division of Lot 14,
Block 3 of Tract 3810, Permitting Recording Thereof and Finding Said Parcel Map
Consistent with City's General Plan (Harbor Bay Isle Associates - Subdivider)."
Adopted by motion made by Councilman Sherratt, seconded by Councilman Tillman, carried
on the following roll call vote: Ayes: Five. Noes: None. Absent: None.
REPORTS AND RECOMMENDATIONS
*79-589 The Council approved the report from the Planning Board recommending approval
of Parcel Map 2996 (Parrot Village, easterly of Wood Street, northerly of Eagle Avenue,
westerly of Bay Street, southerly of Southern Pacific Co.).
79-590 From the City Manager regarding a Senior Center.
Mr. Clarence Day, 1322 Broadway, and Mr. Sig Bray, 2045 Central Avenue, urged the
Council to continue to investigate using a part of theVeterans' Building as a
"Focal Point for Senior Services."
Mr. James Shelton, 223 Santa Clara Avenue, and Mr. William Spadoni, 438 Pacific Avenue,
representing a Veterans' group, stated they did not favor using any part of the
Veterans' Building for a Senior Center.
The City Manager noted this report was for information only at this time and was
requesting direction from the Council on further discussions on the feasibility of
using the Veteran's Building.
Councilman Sherratt moved the staff be instructed to meet with the County and Veterans'
representatives to discuss using the Veterans' Building as a Senior Center and the
School District be informed of the plans, seconded by Councilman Stone; carried on
unanimous voice vote.
79-591 From the City Manager regarding purchase of equipment for conversion of fire
apparatus from gasoline to diesel.
Councilman Diament moved acceptance of the report, the requirements for bids by
waived, and approval of the recommendation of the City Manager to purchase the equipment
from Bay Area Diesel and Transmission Co., seconded by Councilman Sherratt, carried
on unanimous voice vote.
79-592 From the City Manager, regarding contracting for park maintenance services.
Councilman Stone moved acceptance of the report and it be held for consideration with
the next budget sessions, seconded by Councilman Diament, carried on unanimous voice
Vote.
*79-593 The Council set September 4, 1979, as the date for hearing rezoning petition
R-79-8, to reclassify from M-1-PD, Intermediate Industrial (Manufacturing)
with Planned Development Overlay, to R-3-PD, Restricted Apartment District ' with Planned
Development Overlay, the property at 709, 71I Buena Vista Avenue and 708, 7I0, 713,
747 Eagle Avenue.
COUNCIL REFERRALS
79-594 Review of the record in the matter of the appeal by Atlantic Richfield Company
from a decision of the Planning Board concerning hours of operation of convenience food
market at 1200 Park 3treet,
The City Attorney noted the Council had three options: 1) to uphold the decision of the
Planning Board; 2) amend their previous decision; 3) remand the issue to the Planning
Board for findings.
Mr. Patrick Maloney, representing ARCO, stated they would amend their request to 19-hour
operation and give up the 24-hour operation.
The following persons spoke in opposition to a 24-hour operation:
Mrs. Valborg Madsen, 2916 Bayview Drive; Mr. A. J. Scott, 2418 Marti Rae Court;
Ms. Janet Alcorn, 901 Paru Street; Mr. Joe Sullivan, 3221 Liberty Avenue; Mr. William
Thomas, I518 Pearl Street, President of East Alameda Business Association, and
Mr. Cecil McKinstry, 1232 Park Avenue.
Councilman Sherratt moved the matter be referred back to the Planning Board for their
review and a statement of findings, seconded by Councilman Diament.
Councilman Stone asked Mr. Maloney to ask his client if they would accept the hours of
5 a.m. to 11 p.m., Sunday through Thursday and 5 a.m. to 12 p.m. Friday and Saturday.
Mr. Maloney responded his client would accept those hours.
Councilman Diament withdrew her second of the above motion by Councilman 5herratt,
Residents of the surrounding neighborhood stated their approval of the 11 and 12 o'clock
closing hours, but objected to the 5 a.m. opening.
Mr. Brian McDonald, 14401/2 Sherman Street, stated he believed that unless the neighborhood
accepted the compromise, the station would return to full 24-hour operation.
Councilman Tillman moved the hours be set at 7 a.m. to 11 p.m. Thursday through Sunday,
and 7 a.m. to 12 p.m., Friday and Saturday. There was no second to the motion, as the
applicant stated they were not in accord with this proposal.
Councilman Sherratt moved the hours be set at 5 a.m. to 11 p.m., Sunday through Thursday,
and 5 a.m. to 12 p.m., Friday and Saturday, seconded by Councilman Stone, carried on
unanimous voice vote.
79-595 Consideration of appointment to the Ad Hoc Efficiency Committee.
The Council appointed the following to serve on the Committee: Mr. Sidney Haig;
Mr. Earl Peacock; Mr. Tom Paddison, Mr. Edward Church; and Mr. Marshall PedS2,
Councilman Stone suggested the Committee be authorized to request the assistance
Of specialists as needed to advise them on certain phases of City functions; the
Council concurred in this suggestion.
79-596 Councilman Stone commented on an application recently submitted to the City to
build a Taco Bell restaurant at the corner of Lincoln and Oak Street.
Ms. Janet Alcorn, owner of the Home Zone located on Park Street, stated she and a
number of merchants in the Park Street area objected to construction of a fast-food
type restaurant in such close proximity to the City Center area.
Councilman Sherratt moved the City Attorney work with the Planning Director to draft
an ordinance to change the zoning on that corner to exclude such types of businesses
for consideration at the next meeting; seconded by Councilman Diament.
Mr. John Mftche00, I319 High Street, suggested the City consult the owner concerning
his plans for the property.
Planning Director Patterson stated it was his opinion the application would require
a Use Permit hearing before the Planning Board.
Mr. William Thomas, I518 Pearl Street, pledged increased participation by the East
Alameda Business Association in planning the future of the Park Street area.
Mr. Jim PaChl, 2329 Santa Clara Avenue, urged the Council to work to upgrade the
Park Street area.
Mr. Brian McDonald, 11461/2 Sherman Street, spoke in favor of allowing the Taco Bell
to build on that corner.
79-597 Councilman Diament asked that the Engineering office check into the East Bay
Regional Parks District's plans to alleviate the offensive odor at the beach.
79-598 Councilman Diament questioned whether any progress had been made in the
investigation by the Traffic Advisory Committee on the subject of roller skating.
The City Engineer stated the Committee was still working on the issue.
79-599 Councilman Diament stated she and Councilman Stone were continuing to work on a
plan for utilization of the first floor of City Hall and would provide plans for everyone.
79-600 Councilman Tillman requested projected dates of completion of various phases
of the Fernside Extention project.
RESOLUTIONS
*79-601 "Resolution No. 9141, Authorizing Execution of Agreement with County of
Alameda for Collection of City Taxes on Bonded Indebtedness and Special Assessments."
Adopted.
*79-602 "Resolution No. 9142, Approving Parcel Map No. 2996 for Division of Property
Between Wood and Bay Streets North of Eagle Avenue, Permitting Recording Thereof and
Finding Said Parcel Map Consistent with City's General Plan (Housing Authority of the
City of Alameda)." Adopted.
79-603 "Resolution No. 9143, Designating the Number of and Providing for the
Compensation of Certain Officers and Other Employees of the City of Alameda (Certain
Regular and CETA Employees)." Adopted by motion made by Councilman Diament, seconded
by Councilman Sherratt, carried on the following roll call vote: Ayes: Five. Noes:
None. Absent: None.
79-604 "Resolution No. 9144, Fixing the Rate and Levying a Tax on All Real and
Personal Property in the City of Alameda for the Fiscal Year 1979-1980." Adopted by
motion made by Councilman Sherratt, seconded by Councilman Diament, carried on the
following roll call vote: Ayes: Five. Noes: None. Absent: None.
INTRODUCTION OF ORDINANCES
79-605 "Ordinance No. , N.S., Amending the Alameda Municipal Code by Adding
Subsection (j) to Section 11-3112 Thereof, Relating to Action on Tentative Map or
Parcel Map." Introduced by motion made by Councilman Diament, seconded by Councilman
Sherratt, carried on the following roll call vote: Ayes: Five. Noes: None.
Absent: None.
ORDINANCES FOR PASSAGE
79-606 "Ordinance No. 1983, N.S., Amending, Adding and Repealing Certain Sections of
Chapter 2 of Title XI of the Alameda Municipal Code Relating to a Design Review
Procedure." Passed by motion made by Councilman Sherratt, seconded by Councilman
Tillman, carried on the following roll call vote: Ayes: Five. Noes: None.
Absent: None.
BILLS
*79-607 The Council approved a List of Claims, certified by the City Manager as correct,
in the amount of $152,851.77.
ORAL COMMUNICATIONS, GENERAL
79-608 Mr. John Mitcheom, 1319 High Street, complimented the Council on their exercise
of patience in listening to the business before them.
79-609 Ms. Josephine Bixler, 814 Haight Avenue, urged the Council to proceed quickly with
regulations to control skateboarding and roller skating in the City.
FILING
*Agreement with County of Alameda re collection of taxes.
ADJOURNMENT
There being no further business to come before the meeting, the Council adjourned at
11:00 o'clock p.m. to assemble in regular session on Tuesday, September 4, 1979, at
7:30 o'clock p.m.
Respeqtfully submitted,
Acting City Clerk