1979-02-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY FEBRUARY 6, 1979
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of
Allegiance led by Vice Mayor Diament; Invocation delivered by Don Longbottom,
Pastor, Immanuel Baptist Church.
ROLL CALL: Present: Councilmen Beckam, Diament, Sherratt, Tillman, and President
Corica, (5). Absent: None.
MINUTES: The minutes of the regular meeting held January 16, 1979, and the joint
special meeting with the Social Service Human Relations Board held January 25, 1979,
were approved as submitted.
Note: The proceedings of City Council meetings are taped in their entirety. Tapes
are on file in the Office of the City Clerk.
CONSENT CALENDAR: Councilman Sherratt moved adoption of the consent calendar, seconded
by Councilman Beckam, carried on unanimous roll call vote. Those items so enacted,
approved, or adopted are identified by an asterisk (*).
WRITTEN COMMUNICATIONS:
79-72 From Mr. Steve John, 944 West MacArthur Blvd., Oakland, regarding
establishment of palm reading business.
Councilman Sherratt moved the communication be received and referred to the Planning
and Police Departments for review and report, seconded by Councilman Beckam,
carried on unanimous voice vote.
79-73 From Mr. Otto W. Sammet, 2624 Janis Circle, concerning activities on adjoining
property.
The Council directed the Planning staff to research and report on the alleged zoning
violations.
79-74 From Ms. Frances Rasmussen, 117 Central Avenue, regarding the Senior Citizen's
Center.
The communication was received and referred to the file on the subject.
79-75 From the Alameda SIRS Golf Club, signed by the Secretary, concerning a request
to have the Jack Clark Course designated as the Club's home course.
Mr. Johnny Johnston, 10362 Greenview Drive, Oakland, President of the Club, spoke
urging the Council to grant the request.
President Corica noted a letter had been received by the Director of the Recreation and
Parks Department from the Northern California Golf Association regarding the Club's
eligibility for membership. He requested the letter be copied for the Club.
Councilman Beckam moved the Council send a letter to the Northern California Golf
Association supporting the Club's application for membership, seconded by Councilman
Tillman.
Mr. Ed Gingrich, Chairman of the Golf Commission, requested the Commission be
allowed to review the matter and submit a report making a recommendation on the
matter. Councilman Sherratt moved Councilman Beckam's motion be tabled until the
February 20 meeting and receipt of the Commissions' report, seconded by
Diament, carried on unanimous voice vote.
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*79-76 The Council received and referred to the file a letter from Mr. Wayne
A. Milani, Pacific Shops, Inc., 1815 Clement Avenue, concerning a proposed zoning
ordinance amendment regulating operating hours of C-1 business in M-1 and M-2 zones
adjacent to residential areas.
79-77 From Mr. Clement F. Burnap, 657 Tarryton Isle, concerning his previous
complaint about vandalism.
The report from the City Manager concerning the lagoon area at the foot of Caroline
Street was considered at this time.
Mr. Burnap offered to pay one-fourth or up to $300 of the estimated $1,200 cost of
installing the fence.
The City Manager noted there were no funds allocated in the 1978-79 budget for this
purpose.
Councilman Diament moved the Council approve construction of the fence and accept
Mr. Burnap's offer to assist with the cost, seconded by Councilman Tillman.
Following further discussion, Councilman Beckam offered as a substitute motion that
the item be considered along with the Capital Improvements Program to be submitted
by the City Manager at the meeting of February 20, seconded by Councilman Sherratt,
carried on unanimous voice vote.
Mr. Burnap questioned the status of his claim for damages. Councilman Sherratt
moved the claim be referred to the City Attorney for response, seconded by
D1DNent, carried on unanimous voice vote.
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79-78 From Mr, Joseph M. Sullivan, 3221 Liberty Avenue, regarding using a portion
of the dwelling unit tax for capital improvement projects.
Mr. Sullivan spoke briefly to reaffirm his position as stated in the letter.
79-79 From Mrs. Garry K. Bennett, 1011 Grand Street, concerning the Animal 3helter,
Mrs. Bennett suggested the Pound personnel might be over zealous in their enforcement
Of the City's leash ordinance. She presented a petition signed by 105 citizens
supporting her claim.
The Council agreed to review the material presented and discuss the matter at the
February 20 meeting.
78-80 From Mr. Burton C. Jacobson, representing the Adult Book Store, 1538 Webster
Street, replying to a letter from the Council concerning the sale of drug paraphernalia.
Councilman Sherratt moved the communication be received and the City Attorney be
directed to reply, seconded by Councilman Diament, carried on unanimous voice vote.
HEARINGS:
79-81 In the Matter of an Appeal filed by Mr. Cheng Ben Wang from a decision
of the Planning Board to require an Environmental Impact Report for the Patton
Way Project.
President Corica outlined the procedure to be used in the hearing.
City Attorney Stroud explained the issue was only whether or not the Negative
Declaration was adequate for the project.
Mr. Wangspoke urging the Council to grant his appeal and adopt the Negative Declaration.
Speaking in opposition to granting the appeal were:
Mr. Jack Dickson, 911 Grand Street;
Ms. Eleanor Tattersal, 1248 Weber Street;
Mr. Robert Brewer, 2045 Buena Vista Avenue;
Mrs. Josephine Bixler, 814 Haight Avenue;
Mr. Brent Ryder, 2059 Santa Clara Avenue;
Mr. Russ Sisung, 221 Santa Clara Avenue;
Mr. Larry Jones, 903 Grand Street;
Mr. Don Longbottom, 3218 Liberty Avenue; and
Mr. Gary Duel, 921 Grand Street.
City Attorney Stroud stated if the Council wished to overturn the decision of the
Planhing Board, they must make the finding that the project as described would not
have a significant effect on the environment.
In response to a question from Councilman Sherratt, City Engineer Hanna said the
barrier proposed at Eighth Street could not be removed from the plan without
requiring the City to write an Environmental Impact Statement, in accordance with
Federal regulations. He said this process was very lengthy and difficult.
Councilman Beckam moved the Planning Board vote be affirmed. There was no second.
Councilman Tillman moved to adopt the Negative Declaration, with the finding that the
project would have no significant effect on the environment, seconded by Councilman
Diament. The motion carried on the following roll call vote: Ayes: Four. Noes:
Councilman Beckam, (1). Absent: None.
Councilman Diament moved that the Environmental Impact Report on the project continue
to be regularly processed, seconded by Councilman Tillman, carried on the following
roll call vote: Ayes: Five. Noes: None. Absent: None.
79=82 In the Matter of Fifth Year Housing and Community Development Act Application
Program.
Assistant to the City Manager Wonder reviewed the fifth year HCDA project proposals.
He suggested the following modifications: Project 1, (la) reduce to $40,000; (1b)
increase to $160,000; (2) reduce to S81,266, to eliminate one of the rehabilitation
counselors, and reducing one of the two clerical positions to a half-time position;
Project 2, increase to $365,000; Project 3, increase to S25,000; Project 4, increase
to $6,913. Mr. Wonder recommended the Council consider the proposal keeping in mind
HUD's requirement that the City meet its housing goal in the Fifth Year. He suggested
three alternative ways the goal might be met, other than new construction: (1)
substantial rehabilitation of existing units; (2) direct purchase of existing units;
(3) requiring developer to set aside a small percentage of units in a new development
for Section 8 housing.
Mr. Fred Scullin, 1120 Chestnut Street, spoke in support of the project proposals.
Mr. Edward Clark, 1422 Cottage, President of the West Alameda Business Association,
opposed the project proposals. He stated his organization felt there should have
been funds allocated to a revitalization of the Webster Street Area as well as the
Park Street area.
Mr. Russ Sisung, 221 Santa Clara Avenue, questioned several aspects of the program,
to which Mr. Wonder responded.
Councilman Diament suggested the Council inform HUD they feel the Housing Assistance
Plan was most important, and that there was very little possibility of new 'construction,
since there was almost no vacant land left in the City.
Following further discussion on various aspects of the proposed projects, Councilman
Sherratt moved approval of the project proposals, as amended, seconded by Councilman
Beckam, carried on unanimous voice vote.
The Council requested Mr. Wonder to obtain an exact ruling from HUD as to whether
priority to Alamedans might be given for obtaining Section 8 certificates.
79-83 In the Matter of a proposed amendment to the Noise Element of the General
Plan permitting residential development in easement areas between 65-70 CNEL.
The Hearing was continued to the February 20 meeting.
REPORTS AND RECOMMENDATIONS:
79-84 Presentation by Councilman Tillman regarding the San Leandro Bay Transportation
Study.
Councilman Tillman introduced Mr. Glenn Eriksen, who had worked on the Study. He
reviewed the four proposed alternatives for improving the traffic circulation and
indicated he believed the most favorable solution would be construction of a road
across the Oakland Airport from Davis Street to City Line Road and to extend Catalina
to the Harbor Bay Isle Industrial Park, in addition to a bridge constructed from
Catalina to Broadway on the main island. He suggested the City and the Port of
Oakland work together to come to a mutually satisfactory agreement.
Planning Director Patterson suggested the City also be considering non-conventional
plans for financing any project the City and the Port consider.
Councilman Sherratt moved the Council indicate its preference for Alternative B
(Construction of a road across the Oakland Airport from Davis Street to City Line
Road and to extend Catalina to the Harbor Bay Isle Industrial Park) and begin plans
for implementation, seconded by Councilman Tillman. The motion carried on the
following voice vote: Ayes: Three. Noes: Councilman Beckam, (1). Abstaining:
Councilman Diament, (1). Absent: None.
79-85 The report from the City Manager concerning the Capital Improvement
Program was held over to the meeting of February 20.
*79-86 The Council accepted a report from the Design Review Board, signed by the
Chairman, submitting a financial report for the period of July through December,
1978.
79-87 From the Recreation Commission, signed by the Chairman, regarding contracting
with a tennis professional to manage courts at Washington Park and provide tennis
programs.
Following a brief discussion on costs and funding, Councilman Sherratt moved the
Commission be instructed to pursue the idea, but report to the Council on fees and
charges before finalizing the plans, seconded by Councilman Diament, carried on unanimous
voice vote.
*79-88 The Council approved the Planning Board's recommendation to approve Parcel
Map for Tract 2865 - four unit cordOminium (two duplexes) at 1402 Sherman Street.
*79-89 The Council accepted a report from the Auditor-Assessor, concerning a refund
of personal property taxes, 1976-77.
*79-90 The Council approved the recommendation of the City Attorney to amend
Resolution No. 9040, Paragraph IXC to add "Failure to file an application within
the time required herein shall extend the time for approval of said application
to one year from the date a complete application is filed."
*79-91 The Council approved the recommendation of the City Attorney concerning
the Legal Assistance Contracts between the City and the Housing Authority.
*79-92 The Council approved a report from the Assistant to the City Manager on
the reprogramming of HCDA funds for planning and administration and a Housing
Authority project.
*79-93 The Council approved the City Manager's recommendation to approve the Final
Map for Tract No. 3841 - Central Area of Village III.
*79-94 The Council approved the award of a contract to Bay Cities Paving & Grading
Inc., for the construction of City Line Road from Doolittle Drive to 111 Feet
Southerly of Maitland Drive.
*79-95 The Council approved the recommendation of the Assistant City Manager
regarding the application for a Certificate of Consent to Self-Insure.
*79-96 The Council approved the City Manager's report to readvertize for bids for the
project of repair and resurfacing of Park Street from Otis Drive to Shore Line Drive.
*79-97 The Council approved the City Manager's report to advertise for bids for
construction of Bay Farm Island Park and Bay Farm Island Park Recreation Center
Building.
79-98 From the City Manager, concerning personnel matters relating to the
Housing Counselor and Assistant Planner positions.
President Corica and Councilman Diament stated their objections to the proposed pay
increases, saying they felt such increases were not in accord with the CETA program.
Following a brief discussion, Councilman Sherratt moved acceptance of the report,
seconded by Beckam, carried on the following voice vote: Ayes: Three.
Noes: Councilman Diament and President Corica, (2). Absent: None.
,*79-98 The Council accepted a report from the City Manager regarding the Joint
Powers Agreement for control of wet weather overflows and bypasses.
79-99 From the City Manager, concerning the proposed mini-park at Otis Drive and
Oak Street.
President Corica noted Harbor Bay Isle Associates had volunteered to donate some
sand; Mr. Cheng Ben Wong, of Encinal Terminals, had volunteered to donate some
lumber for the project.
Councilman Diament moved acceptance of the report and the project be dpprOVed. There
was no second to the motion.
Councilman Beckam moved approval be held over for a further report and more finalized
plans, seconded by Councilman Sherratt, carried on the following voice vote: Ayes:
Four. Noes: President Corica, (1). Absent: None,
79-100 From the Assistant City Manager, transmitting a report of the Deputy City
Clerk concerning a common meeting place for all Boards and CDm0iSsiODS.
Councilman Beckam moved acceptance of the report and the Boards and Commissions continue
to meet according to their present schedules and meeting places, seconded by
Councilman Diament, carried on the following voice vote: Ayes: Four. Noes:
Councilman Tillman, (1). Absent: None.
*79-I01 The Council approved the City Manager's report regarding an application
for Urban Open Space Funds, Round III /5B 174\.
COUNCIL REFERRALS:
79-102 President Corica placed in nomination the name of John Roveda to serve
as a member of the Design Review Board, seconded by Councilman Tillman, carried
on unanimous voice vote.
The City Attorney was instructed to prepare the appropriate resolution for the
February 20 0eeting,
79-103 Discussion concerning the proposed consolidation of the Alameda County
Municipal Courts.
Councilman Sherratt moved the Council go on record opposing the consolidation,
seconded by Councilman Diament, carried on unanimous voice vote.
President Corica suggested each Councilman and all interested citizens of Alameda
write to the Board of Supervisors opposing this consolidation proposal.
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COUNCIL COMMUNICATIONS:
79-104 Councilman Diament commented on a report prepared by the City of
San Jose concerning the cost of delivering city services to each household.
She suggested such a report might be of benefit to Alameda.
RESOLUTIONS:
*79-105 "Resolution No. 9041, Adopting Policy Concerning Advisory Committees."
Adopted.
*79-106 "Resolution No. 9042, Approving Application for a certificate of Consent to
Self-Insure Against Workers' Compensation Claims and Authorizing City Manager to
Execute Same." Adopted.
*79-107 "Resolution No. 9043, Approving the Application for Grant Funds Under the
Roberti-Z'Berg Urban Open-Space and Recreation Program (Block Grant)." Adopted.
79-107 "Resolution No. 9044, Authorizing Execution of Personal Services Agreement
Between City and Peter A. Ekstein (Housing Rehabilitation Specialist)." Adopted
by motion made by Councilman Beckam, seconded by Councilman Diament, carried on
the following roll call vote: Ayes: Five, Noes: None. Absent: None.
*79-108 "Resolution No. 9045, Approving Final Map of Subdivision Known as Tract
3841, Authorizing Execution of Agreement for Construction of Public Improvements
Therein, Approving Bonds as to Sufficiency, and Accepting Certain Public Streets
and Easements (Sandpiper Cove Associates, Subdivider)." Adopted.
*79-109 "Resolution No. 9046, Approving Parcel Map No. 2865 for Division of
Property at 1402 Sherman Street, Alameda, California, Permitting Recording
Thereof and Finding Said Parcel Map Consistent with City's General Plan (Emily D
Silva and Elizabeth M. White, Subdividers)." Adopted.
*79-110 "Resolution No. 9047, Authorizing Execution of Agreement for Construction
and Completion of Improvements in Connection with Parcel Map No. 2865 and Approving
Faithful Performance Bond as to Sufficiency (1402 Sherman Street - Emily D.
Silva and Elizabeth M. White, Subdividers)." Adopted.
*79-111 "Resolution No. 9048, Adopting Specifications, Special Provisions and Plans for
Construction of Bay Farm Island Park, Calling for Bids and Directing City Clerk
to Advertise Same." Adopted.
*79-112 "Resolution No. 9049, Adopting Specifications, Special Provisions and Plans
for Construction of the Bay Farm Island Park Recreation Center Building, Calling for
Bids and Directing City Clerk to Advertise Same." Adopted.
*79-113 "Resolution No. 9050, Adopting Specifications, Special Provisions and Plans for
Repair and Resurfacing of Park Street from Otis Drive to Shore Line Drive, Calling
for Bids and Directing City Clerk to Advertise Same." Adopted.
*79-114 "Resolution No. 9051, Ordering Refund of Personal Property Taxes Erroneously
Levied and Collected." Adopted.
*79-115 "Resolution No. 9052, Establishing Election Precincts, Designating Polling
Places Therefor and Naming Officer of Election for Each Precinct for General Municipal
Election to be Held on Tuesday, March 6, 1979." Adopted.
79-116 "Resolution No. 9053, Authorizing City Manager to Submit Reprogramming Amendment!
to HCDA Application for Second and Third Year Funds." Adopted bv motion made by
COUDCil0dn Beckam, seconded by Councilman Tillman, carried on the - following roll
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call vote: Ayes: Five. Noes: None. Absent: None.
79-117 "Resolution No. 9054, Amending Salary Resolution No. 8969 Relating to
Federally Funded Positions." Adopted by motion made hv Councilman Beckam, seconded
by Councilman Sherratt, carried on the following roll by
vote: Ayes: Three.
Noes: Councilman Diament and President Corica, (2). Absent: None.
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INTRODUCTION OF ORDINANCES:
N. S.
*79-1I8 "Ordinance No. 1953,/A0eOdiDg Section 17-333 of the Alameda Municipal
Code Relating to All Time and Limited No ParkiOg.'/ Introduced and Passed.
79-I19 "Ordinance No. , N. S., Amending the Alameda Municipal Code by Adding
Article 8 to Chapter 3, Title II, Thereof, Creating a Public Works Commission
and Providing for Membership and Duties Thereof." Councilman Tillman moved
introduction of the ordinance, seconded by Councilman Sherratt.
Mr. Russ Sisung, 221 Santa Clara Avenue, spoke in opposition to creation of the
Commission.
The motion failed to carry on the following roll call vote: Ayes: Two. Noes:
Councilmen Beckam, Diament, and President Corica, (3). Absent None.
ORDINANCES FOR PASSAGE:
*79-120 "Ordinance No. 1054° N.S., An Ordinance Reclassifying and Rezoning Certain
Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S.
(David L. Thompson - R-78-7)," Passed.
*79-121 "Ordinance NO, I955, N.S., An Ordinance Reclassifying and Rezoning Certain
Property Within the City of Alameda by Amending Zoning Ordinance NV. 1277, N.S.
(Harbor Bay Isle Associates - R-78-3)x Passed.
79-122 "Ordinance No. 1956, N.S., Amending the Alameda Municipal Code hv
Amending Sections 2-321, 2-322, and 2-323 Thereof Relating to Composition of the
City Golf Commission." Passed by motion made bv Councilman Beckam, seconded
by Councilman Sherratt, carried ODih2 following roll call vote: AV8S: Thre8,
Noes: Councilman Diament and President Corica, (2). Absent: None.
BILLS:
*79-I23 The Council approved payment of an itemized List of Claims, certified bv
the City Manager as correct, in the total amount of $I41,944.49, by
ORAL COMMUNICATIONS, GENERAL:
79-124 Mr. Robert Hudkins, 3319 Central Avenue, Chairman of the Library Board,
questioned the status of the funding for the Bay Farm Island Park Recreation
Center/Branch Library building. He was interested in the possibility of funds
for construction of a branch library and renovation of the Main Library.
FILING:
*Agreement between City and Sandpiper Cove Associates re Tract 3841.
*Agreement between City and Emily D. Silva and Elizabeth M. White re Parcel Map
No. 2865.
*Personal Services Agreement with Peter A. Ekstein.
*Specifications No. PW 2-79-2 - Construction of Bay Farm Island Park.
*Specifications No. PW 2-79-1 - Construction of Bay Farm Island Park Recreation
Center Building.
*Specifications No. PW 9-78-11 - Repair and Resurfacing of Park Street from Otis
Drive to Shore Line Drive.
Financial Report, City of Alameda, as of December 30, 1978.
ADJOURNMENT:
There being no further business to come before the meeting, the Council adjourned
with respect to the memory of Mrs. Emma Hood and Mr. Frank Unthank, to assemble
in regular session on Tuesday, February 20, 1979, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk