1979-07-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - JULY 17, 1979
Convened at 7:30 o'clock p.m., with President Corica presiding. Pledge of
Allegiance led by Councilman Sherratt; Invocation delivered by Reverend Raymond
Currie, 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 Councilman Diament, carried on unanimous roll call vote. Those items
so enacted, adopted, or approved are indicated by an asterisk (*)
MINUTES:
The minutes of the special meeting held June 26, 1979, were approved as submitted.
Note: The proceedings of Council meetings are recorded on tape, which are filed in
the Office of the City Clerk.
79-494 Councilman Sherratt moved the new members of various Boards be sworn in at
this time, seconded by Councilman Stone, carried on unanimous voice vote.
RESOLUTIONS:
*79-495 "Resolution No.
G. Gorman)." Adopted.
*79-496 "Resolution No.
Roveda)." Adopted.
*79-497 "Resolution No.
Williams)." Adopted.
*79-498 "Resolution No.
Bodelle)." Adopted.
*79-499 "Resolution No.
Degemann)." Adopted.
*79-500 "Resolution No.
State)." Adopted.
-*79-501 "Resolution No.
(Charles E. Roberts)."
9111, Appointing Member of the City Planning Board (Michael
9112, Appointing Member of the City Planning Board (John G.
9113, Appointing Member of the Civil Service Board (Betty A.
9114, Appointing Member of the Civil Service Board (Jacque
9115, Appointing Member of the Design Review Board (Gerhard W.
9116, Appointing Member of the Library Board (Thomas H.
9117, Appointing Member of the Public Utilities Board
Adopted.
*79-502 "Resolution No. 9118, Appointing Member of the Social Service Human Relations
Board (Lolla S. N. Manibusan)." Adopted.
*79-503 "Resolution No. 9119, Appointing Member of the Social Service Human Relations
Board (Frank Molina)." Adopted.
Upon request, the Acting City Clerk administered the Oath of Office to Ms. Williams and
Messrs. Gorman, Roveda, Bodelle, Degemann, Roberts, and Molina.
79-504 Councilman Sherratt moved the following two resolutions be taken out of
order, seconded by Councilman Diament, carried on unanimous voice vote.
79-505 "Resolution No. 9123, Designating the Number of and Providing for the
Compensation of Certain Officers and Other Employees of the City of Alameda." Adopted
by motion made by Councilman Diament, seconded by Councilman Sherratt, carried on the
following roll call vote: Ayes: Five. Noes: None. Absent: None.
79-506 "Resolution No. 9124, Adopting Memorandum of Understanding Between the City
of Alameda and the Bureau of Electricity and the Alameda City Employees Association."
Adopted by motion made by Councilman Diament, seconded by Councilman Sherratt, carried
on the following roll call vote: Ayes: Five. Noes: None. Absent: None.
WRITTEN COMMUNICATIONS:
79-507 From Alameda Animal Rescue & Control, signed by Chairman, recommending
amendments to ordinances relating to animals.
Councilman Sherratt moved acceptance of the communication and that it be referred to
staff for comments and preparation of appropriate ordinances for consideration by
the Council, seconded by Councilman Tillman, carried on unanimous voice vote.
Councilman Stone complimented Ms. Lasar and her group for the comprehensive job done
in recommending these ordinance changes.
In response to a question from %. Lasar, the Council indicated they wished the review
to be complete for the next regular meeting. Mr. Michael Brosius, Poundmaster, urged
the Council to make these changes as soon atossible.
79-508 From Mr. Lawrence Slack, 1204 Court Street, regarding application to build
a carport.
Councilman Sherratt moved acceptance of the communication and Mr. Slack be informed
of the appeal process, seconded by Councilman Tillman, carried on unanimous voice vote.
Councilman Stone suggested the Council might consider allowing an appeal without charge
from Mr. Slack, should he file.
79-509 From Mr. and Mrs. Darrel B. Sinift, 437 Yorkshire Road, protesting construction
of a second-story addition to the house at 433 Yorkshire Road.
The Council expressed their concern with the problem, but noted there were no zoning
or building violations involved, and the issue was therefore out of their jurisdiction.
79-510 From the East Shore Home Owners' Association, signed by the President, opposing
the proposed solid waste disposal plant.
Councilman Diament moved acceptance of the communication and it be sent to the Bureau
of Electricity for response, seconded by Councilman Stone, carried on unanimous voice vote.
HEARINGS:
79-511 In the Matter of the Final Environmental Impact Report for Alameda Marina
Village.
President Corica explained the procedure to be used in the hearing.
Planning Director Patterson outlined the issue to be heard.
On a call for proponents, Ms. Joan Narahara, President of the Planning Board, stated
although there were still unanswered questions because not all details of the project
were known, the Planning Board recommended certification of the EIR.
On a call for opponents, the following spoke:
Mr. Dick Loman, owner of Neptune's Galleon, 412 Caravel Apartments, stated his concerns
with a part of the plan that eliminated one of the entrances to the area.
Mr. Robert Brewer, 2045 Buena Vista Avenue, stated he felt the plan did not account for
offsite impacts, such as increased traffic on Buena Vista Avenue, and it did not offer
adequate protection to current residents of the City.
Mr. George Blackshire, 1821 Lafayette Street, urged restraint in developing the open
space left in the City, including in the proposed project area.
The President declared the public portion of the hearing closed.
Mr. John Erving, project Manager for Alameda Marina Village, answered questions from
the Council regarding the design of the project. He stated many concerns of the
Council and the public could better be addressed when the master plan was submitted
for approval.
Councilman Stone moved the resolution be taken out of order, with an understanding there
would be additional information forthcoming. There was no second to the motion.
Councilman Sherratt moved the resolution be taken out of order, seconded by Councilman
Diament, carried on unanimous voice vote.
RESOLUTIONS:
79-512 "Resolution No. 9125, Certifying Environmental Impact Report Respecting Alameda
Marina Village Project." Adopted by motion made by Councilman Diament, seconded by
Councilman Sherratt, carried on the following roll call vote: Ayes: Five. Noes: None.
Absent: None.
REPORTS AND RECOMMENDATIONS:
79-513 The report from the Alameda Housing Authority, requesting permission to address
the Council concerning additional financial assistance in developing Parrot Village
was withdrawn at therequest of the Housing Authority.
79-514 The report from the Planning Board submitting a recommendation on Parcel Map
2607 was held over to such time as the bond was posted.
*79-515 The Council set August 7, 1979, as the date for a hearing on a report from
the Planning Board, signed by the Secretary, recommending denial of rezoning petition
R-79-7 to reclassify from R-5, General Apartment District, to C-2, Central
Business District, the property at 2425 Webb Avenue.
79-516 From the Planning Board, recommending approval of Tentative Map for Tract
4276, a nine lot subdivison and three parcels at the end of Tideway Drive and
Ballena Bay (Hosking Realty, Inc., subdivider).
Councilman Diament moved acceptance of the report and the resolution be taken out of
order, seconded by Councilman Tillman, carried on unanimous voice vote.
RESOLUTIONS:
79-517 "Resolution No. 0I26, Approving Tentative Map for Tract 4276, a Division of
Property at the End of Tideway Drive and Ballena Bay, 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."
Adopted by motion made by Councilman Diament, seconded by Councilman Sherratt, carried
on the following roll call vote: Ayes: Five. Noes: None. Absent: None.
REPORTS AND RECOMMENDATIONS:
79-5I8 From the City Manager regarding funding for the Solid Waste Disposal Site
Levee Improvements.
Councilman Sherratt moved approval of recommendation number two, which provided for
payment from the Tidelands Trust Fund, seconded by Councilman Diament, carried on
unanimous voice vote.
79-5I9 From the City Manager regarding construction inspection services for
construction of Solid Waste Disposal Site Levee I0prOV8meDts,
Councilman Sherratt moved acceptance of the report and the resolution be taken out
Of order, seconded by Councilman Diament, carried on unanimous voice vote.
RESOLUTIONS:
79-520 "Resolution No. 9127, Authorizing Execution of Agreement with Harding-Lawson
Associates Relating to Construction Inspection Services for Levee Improvements at
the City of Alameda Solid Waste Disposal Site." Adopted by motion made by Councilman
Diament, seconded by Councilman Sherratt, carried on the following roll call vote:
Ayes: Five. Noes: None. Absent: None.
REPORTS AND RECOMMENDATIONS:
79-521 From the City Manager regarding advancement of the City Treasurer in salary
range.
Councilman Sherratt moved adoption of the recommendations concerning the Treasurer
and the Auditor, seconded by Councilman Diament, carried on unanimous voice vote.
79-522 From the City Manager requesting participation in the Federal Surplus
Personal Property Program.
Councilman Sherratt moved acceptance of the report and adoption of the
recommendations, seconded by Councilman Tillman, carried on unanimous voice vote.
COUNCIL REFERRALS:
79-523 Consideration of reorganization of the Design Review Process.
President Corica suggested the process be eliminated completely, and wait for a
period of time to review if it was needed.
Councilman Diament stated she felt the process should be retained, and she favored
Alternative 1 in the staff report of July 2, including an architectural review
appeals board to serve as advisors to the Planning Board.
Councilman Stone stated she agreed with Councilman Diament.
Councilman Sherratt stated he favored a modification of Alternative 1, eliminating
the architectural review advisory board, and allowing for staff review, with an
appeal to the Planning Board and an appeal to the Council.
Mr. Rudd Gast, a local architect, stated he opposed any type of board reviewing
strictly design aspects.
Mr. Russ Sissung, 221 Santa Clara Avenue, spoke in favor of retention of a design
review process.
Mr. Gerhard Degemann, Chairman of the Design Review Board, spoke in favor of
retention of a design review process in some form.
Mr. Joseph Sullivan, 3221 Liberty Avenue, stated he felt the expertise on the Design
Review Board should not be lost and urged the Council to retain the Board.
Ms. Joan Narahara, President of the Planning Board, spoke in favor of retention of a
design review process.
Councilman Diament moved adoption of Alternative 1; the motion died for lack of a
second.
Councilman Sherratt moved adoption of a process that involved staff review, with an
appeal to the Planning Board, anian appeal to the Council; the motion died for lack
of a second.
Councilman Tillman moved to abolish the design review process; the motion died for
lack of a second.
Councilman Sherratt moved to adopt a process involving 1) staff evaluation to be
reviewed by the Planning Board, and if there was an impasse, an appeal to the Council,
and 2) there be staff review of applications involving building permits, with an
appeal to the Council. The motion was seconded by Councilman Diament, and failed
to carry on the following roll call vote: Ayes: Two. Noes; Councilmen Stone and
Tillman and President Corica, (3). Absent: None.
271
Councilman Tillman moved to abolish the design review process; the motion died
for lack of a second.
Councilman Stone asked the City Attorney whether the ordinance on the agenda for
passage would abolish the design review process as well as the Board; the City
Attorney responded it would.
Following further discussion, Councilman Sherratt moved the Council adopt a design
review process involving 1) staff review of Planned Developments, conditional uses,
and variances, to be reviewed by the Planning Board, and then an appeal available
to the Council, and 2) staff review building permit applications, with an appeal
to the Council, seconded by Councilman Diament, carried on the following roll call
vote: Ayes: Three. Noes: Councilman Tillman and President Corica, (2).
Absent: None.
79-524 Consideration of appointments to the Housing Element Advisory Committee.
President Corica placed in nomination the following names: John Crittendon, Harry
Greer, Diana Johe, John Doherty, Barbara Worden, Joyce Bartlett, Colonel Nisewaner,
Frank Manibusan, Ted Craig, William Hildebrand, Olga D'Amante, Nick Cabral, A. J.
Scott, and John Ware; seconded by Councilman Sherratt, carried on unanimous voice
vote.
Staff was instructed to contact the nominees and verify who would be willing to
serve.
79-525 Consideration of appointments to the Housing Authority,
President Corica placed in nomination the name of Mr. John Fenstermacher, seconded
by Councilman Tillman, carried on unanimous voice vote.
The City Attorney was instructed to prepare the appropriate resolution for the next
regular meeting.
79-526 Consideration of offer from the Lippert family regarding antiques from the
Alameda Theatre.
Councilman Diament moved the antiques be accepted with thanks, and the Council
investigate where the items might be displayed in City Hall, seconded by Councilman
Sherratt, carried on unanimous voice vote. President Corica asked Councilmen
Diament and Stone to form a subcommittee to recommend placement of the antiquest.
RESOLUTIONS:
*79-527 "Resolution No. 9120, Rejecting Claim of Ercole Zonfrello Against City."
Adopted.
*79-528 "Resolution No. 9121, Rejecting Claim of Ola Zonfrello Against City."
Adopted.
272
*79-529 "Resolution No. 9122, Authorizing Execution of Agreements with James R.
Sanderson, William E. Hubbard, Chandra P. Collure and Richard Rudloff for Personal
Services (Engineering Services Relating to the Harbor Bay Isle Project)." Adopted.
79-530 "Resolution No. 9128, Naming City Representatives Authorized to Acquire
Federal Surplus Property from the California State Agency for Surplus Property."
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:
79-531 "Ordinance No. , N.S., Amending the Alameda Municipal Code by Adding
Section 10-945 Thereto Establishing Provision for Historical Advisory Commission Review
of Scheduled Demolition of Older Buildings." Councilman Diament moved introduction
of the ordinance, seconded by Councilman Sherratt. On question, the City Attorney
reported the effect of passage of this ordinance would be to make all building over
50 years old historical monuments. On a call for the question, the motion failed to
carry on the following roll call vote: Ayes: None. Noes: Five. Absent: None.
ORDINANCES FOR PASSAGE:
79-532 "Ordinance No. 1982, N.S., Amending the Alameda Municipal Code by Amending
Section 2-332 of Article 3, Chapter 3 of Title II Thereof Relating to Membership of
the Alameda Historical Advisory Commission." Passed by motion made by Councilman
Diament, seconded by Councilman Sherratt, carried on the following roll call vote:
Ayes: Five. Noes: None. Absent: None.
BILLS:
*79-533 The Council approved payment of an Itemized List of Claims, certified by the
City Manager as correct, in the amount of $142,710.98.
ORAL COMMUNICATIONS, GENERAL:
79-534 Mr. Patrick Maloney, an attorney representing Atlantic Richfield Company,
requested the Council rehear the appeal from ARCO from a decision of the Planning
Board regarding hours of operation of a convenience food market at a service station
at 1260 Park Street.
Councilman Tillman moved the issue be placed on the agenda of August 7, at which time
the Council would decide whether or not to rehear the appeal, seconded by Councilman
Sherratt.
Mr. A. J. Scott, 2418 Marti Rae Court, stated he felt the Council should not rehear
the appeal.
On a call for the question, the motion carried on unanimous voice vote.
FILING:
*79-535 Agreement with Harding-Lawson Associates re construction inspection services
at solid waste disposal site levee improvements.
- Agreements with James R. Sanderson, William E. Hubbard, Chandra P. Collure,
and Richard Rudloff for Personal Services,
- Bureau of Electricity, Financial and Operating Report, for period ended May 31,
1979.
ADJOURNMENT:
There being no further business to come before the meeting, the Council adjourned at
11:15 o'clock p.m., to assemble in regular session on August 7, 1979, at 7:30 o'clock p.m.
Respectfully submitted,
Acting City Clerk