1978-12-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY DECEMBER 5, 1978
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance
led by Councilman Beckam; Invocation delivered by Reverend David Womach, Pastor,
Calvary Christian Center.
ROLL CALL: Present: Councilmen Beckam, Diament, Sherratt, Tillman, and President
Corica, (5). Absent: None.
MINUTES: The minutes of the regular meeting held November 21, and the special joint
meeting with the Public Utilities Board held November 27, 1978, were approved as
submitted. Councilman Sherratt abstained from voting on the minutes of November 27,
as he had been absent.
Note: The proceedings of City Council meetings are taped in their entirety. Tapes
are on file in the Office of the City Clerk.
Councilman Sherratt moved the following report be taken out of order, seconded by
Councilman Diament, carried on unanimous voice vote.
REPORTS AND RECOMMENDATIONS:
1. From the Public Utilities Board transmitting recommendations regarding the Solid
Waste Fired Electric Generating Station.
Bureau of Electricity General Manager Jack Shepard outlined the project and requested
the Council approve the recommendations of the Public Utilities Board, as listed in
the Board's Resolution No. 3144.
Mr. Aldrich, of Paine-Webber Company, financial advisor to the Bureau for the project,
asked that the Council support the recommendation of the resolution regarding sub-
mitting applications for certain available Federal funds.
Following discussion, Councilman Diament moved acceptance of the report and approval
of the four recommendations contained in the Public Utilities Board Resolution No. 3144,
seconded by Councilman Tillman, and carried on unanimous voice vote.
Mr. Oscar Barry, representing Harbor Bay Isle Associates, asked that the Council permit
them to be associated with the aesthetics of the proposal. The Council indicated
their consent.
2. From Hansen, Murakami & Eshima requesting modification of the Alameda Municipal
Code Section 12-255 regarding sign design standards.
Councilman Sherratt moved the report on this subject from the Design Review Board be
taken out of order, seconded by Councilman Beckam, carried on unanimous voice vote.
Councilman Beckam moved an ordinance be drafted to make the appropriate change. The
motion was seconded by Councilman Sherratt and carried on unanimous voice vote.
On question, Planning Director Patterson stated the Fire Department would assist in
preparation of the ordinance.
3. From the Building Industry Association requesting a copy of the City's fiscal
report as filed with the State pursuant to Government Code Section 16285, added by
Section 15 of SB 154, Chapter 292, Statutes of 1978.
The communication was received. It was noted the report would be sent upon receipt
of a fee for duplicating costs.
4. From the Northside Association, signed by the President, relative to protective
fencing of properties adjacent to Buena Vista Park.
Councilman Sherratt moved the project be incorporated in the Fifth year HCDA appli-
cation, and the Recreation Commission prepare an evaluation of the project. The
motion was seconded by Councilman Beckam and carried on unanimous voice vote.
5. From the Southern Pacific Transportation Company, signed by Arnold I. Weber,
Senior General Attorney, concerning their claim for refund of property tax paid for
fiscal year 1977-1978.
Councilman Tillman moved the communication be referred to the City Attorney for
response, seconded by Councilman Beckam, carried on unanimous voice vote.
6. From Ms. Janet Alcorn, submitting her resignation from the Design Review Board.
Councilman Beckam moved the resignation be accepted with regret, seconded by Council-
man S4erratt, carried on unanimous voice vote.
HEARINGS:
7. In the Matter of a Proposal, initiated by the Planning Board, to amend Zoning
Ordinance No. 1277, New Series, concerning C-M (Commercial-Manufacturing District),
M-1 (Intermediate Industrial ((Manufacturing)) District), and M-2 (General ((Manu-
facturing)) District) to require a Use Permit for C-1 (Neighborhood Business District)
and C-2 (Central Business District) uses adjacent to any R (Residential) District
for the operation after 10:00 p.m. and before 7:00 a.m.
President Corica explained the hearing procedure. The Clerk reported the Affidavit
of Publication of the required Notice of Hearing was on file. Planning Director
Patterson outlined the issue.
On a call for proponents, Mr. John Fenstermacher spoke in support of amendments to
the zoning ordinance to regulate the hours of business after 10:00 p.m. and before
7:00 a.m.
There was discussion on the effect of the ordinance as written. Due to a difference
of opinion on the intent and effect, Councilman Beckam moved the matter be remanded
to the Planning Board for clarification, seconded by Councilman Sherratt, and
carried on unanimous voice vote.
REPORTS AND RECOMMENDATIONS:
8. Held over from the meeting of November 21, from the City Manager concerning
container deposit legislation. (Bottle Bill)
President Corica requested direction from the Council on how it wished him to vote on
this issue at the Mayors' Conference and at the Solid Waste Management Authority
meeting.
The following spoke in opposition to the Council support of a bottle bill:
Herman Ward, 1921 Kittyhawk Place, an employee of Owens-Illinois Glass Company;
Mrs. Maria Zornes, employee of Owens-Illinois Glass Company;
Mr. Frank Landreth, 3220 Phoenix Lane, and
Mr. Robert Nicholson, President of the Alameda Chamber of Commerce.
Councilman Diament stated she opposed the legislation as presented. She suggested
the Bureau of Electricity set up a recycling center in conjunction with the Solid
Waste Energy Plant.
Councilman Sherratt moved the Mayor be directed to vote against this legislation,
seconded by Councilman Tillman.
On the question, Councilman Beckam commented on the Joint Powers Agreement for the
Alameda County Solid Waste Management Plan, which included a section supporting
passage of container deposit legislation.
On a call for the question, the motion carried on the following voice VOte, Ayes:
Four. Noes: Councilman Beckam, (1). Absent: None.
9. From the City Attorney regarding the Environmental Impact Report for an Amendment
to the Noise Element.
City Attorney Stroud reviewed the history of the Noise Element and the submitted amend-
ment.
Mr. James B. Davis, Attorney for Harbor Bay Isle Associates, requested the EIR be
amended on Page 4, section (d), and the last two sentences in that section be striCk8D.
He asserted the language would detrimentally affect HBI's application to have the
70 dB CNEL line moved. The City Attorney disagreed with Mr. Davis' opinion.
Mr. Joseph Sullivan, 3221 Liberty Avenue, expressed his opposition to any amendment of
the Noise Element.
Following a lengthy discussion on these points, Mr. David withdrew his request.
Councilman Sherratt moved acceptance of the report and the resolution be taken out of
order, seconded by Councilman Beckam, and carried on unanimous voice vote.
RESOLUTIONS:
-]O. "Resolution No. 9010, Certifying the Environmental Impact Report for an Amendment
to the Noise Element of the City of Alameda." Adopted by motion made by Councilman
Beckam, seconded by Councilman Sherratt, Carried on the following roll call vote.
Ayes: Five. Noes: None. Absent: None.
It was noted Councilman Beckam left the Council Chamber at this time.
REPORTS AND RECOMMENDATIONS:
11. Held over from the meeting of November 21, from the City Manager, submitting a
recommendation on the Final Map for Tract No. 4120 - Harbor Bay Isle Associates,
Subdivider - Dividend Development Corporation, Developer.
Councilman Tillman moved acceptance of the report and the resolution be taken out of
order, seconded by Councilman Sherratt, and carried on unanimous voice vote of the
members present.
RESOLUTIONS:
-12. "Resolution No. 9011" Approving Final Map of Subdivision Known as Tract 4120,
Authorizing Execution of Agreement for Construction of Public Improvements Therein,
Approving Bond as to Sufficiency, and Accepting Certain Public Streets, Easements and
Access Rights (Harbor Bay Isle Associates, Subdivider -- Dividend Development
Corporation, Developer)"
Adopted by motion made by Councilman Diament, seconded by Councilman Sherratt, and
carried on the following roll call vote. Ayes: Four. Noes: None. Absent:
Councilman Beckam, (1).
It was noted Councilman Sherratt left the Council Chamber at this time.
REPORTS AND RECOMMENDATIONS:
13. From the City Manager submitting a recommendation on the Final Map for Tract
No. 4121 - Harbor Bay Isle Associates, Subdivider.
Councilman Tillman moved acceptance of the report and the resolution be taken out of
order, seconded by Councilman Diament, carried on unanimous voice vote of the members
present.
RESOLUTIONS:
14. "Resolution No. 9012, Approving Final Map of Subdivision Known as Tract 4121,
Authorizing Execution of Agreement for Construction of Public Improvements Therein,
Approving Bond as to Sufficiency, and Accepting Certain Public Streets and Easements
(Harbor Bay Isle Associates, Subdivider)." Adopted by motion made by Councilman
Diament, seconded by Councilman Tillman, carried on the following roll call vote.
Ayes: Three. Noes: None. Absent: Councilmen Beckam and Sherratt, (2).
REPORTS AND RECOMMENDATIONS:
15. From the Planning Board, signed by the President, concerning the need for a
consultant's services for a Negative Declaration, Village V, Harbor Bay Isle.
Councilman Diament moved acceptance of the report and staff be authorized to hire a
consultant with the cost to be paid by the developer. The motion was seconded by
Councilman Tillman and carried on unanimous voice vote of the members present.
It was noted Councilmen Beckam and Sherratt returned to the Council Chamber at this
time.
16. From the City Manager regarding the status of Patton Way.
Councilman Diament moved the Negative Declaration with the necessary supplemental
studies covering deficient areas, as determined in the public hearing of June 7,
1978, be remanded to the Planning Board for reconsideration; seconded by Councilman
Tillman.
Councilman Sherratt suggested the motion be amended to direct that the City Manager's
report also be forwarded to the Planning Board with the Negative Declaration.
Councilmen Diament and Tillman accepted the amendment. The motion carried on the
following voice vote. Ayes: Four. Noes: Councilman Beckam, (1). Absent: None.
17. From the City Manager concerning the Travel Budget.
Councilman Diament moved approval of the requests set out in the communication,
seconded by Councilman Sherratt, carried on unanimous voice vote.
President Corica indicated he would not use the $120 allocated for his attendance
at Mayors' Conference meetings.
18, From the City Manager concerning the Police Secret Fund.
Councilman Beckam moved approval of the recommendation, seconded b« Councilman Diament,
and carried on unanimous voice vote.
by
By consensus of the Council, the following Introductions of Ordinances were taken out
of order.
INTRODUCATION OF ORDINANCES:
19. "Ordinance No. , Amending the Alameda Municipal Code b« Amending Section
17-551 of Article 5, Chapter 5, of Title XVII Thereof, Relating to ' the Prohibited Use
Of Park Street and Tilden Way by Any Vehicle Exceeding a Maximum Gross Weight of Three
"Ordinance No. , Amending the Alameda Municipal Code b« Amending Section 17-551
and Section 17-552 of Article 5, Chapter 5, of Title XVII Thereof, Relatinn to the
Prohibited Use of Certain Streets by Any Vehicle Exceeding a Maximum Gross Weight of
Three Tons."
"Ordinance No. , Amending the Alameda Municipal Code b« Amending Section 17-551
Of Article 5, Chapter 5, of Title XVII Thereof, Relating to by the Prohibited Use of
California Highway Route 260 and a Portion of California Highway Route 61 bv Any
Vehicle Exceeding a Maximum Gross Weight of Three Tons."
by "
The following spoke in opposition to passage of the ordinances:
Mr. Harold Grego, 930 Park Street;
Mr. Peter Wang, Encinal Terminals;
Mr. John Martin, PACECO;
Mr. Ron Good, Crescent Wharf;
Mr. John Fontanot, J & L Trucking, Hayward;
Mr. Robert Nicholson, Alameda Chamber of Commerce;
Mr. Dave Brownson, 1554 Everett Street, and
Mr. Russ Sisung, 221 Santa Clara Avenue, who also suggested a complete StUdv of the
truck traffic problem in the City.
`
Mr. Robert Brewer, 2045 Buena Vista Avenue, spoke in favor of passage of the ordinances.
Councilman Beckam moved the ordinances be tabled indefinitely, seconded bv Councilman
Sherratt. After a brief discussion, Councilman Beckam amended his motion and moved
the ordinances be killed indefinitely. Councilman Sherratt agreed to the amendment
and the amended motion carried on unanimous voice vote.
20. "Ordinance No. , Amending the Alameda Municipal Code b« Adding Section
9-1412'7 to Article 4, Chapter 1, Title IX Thereof Relating to Control and Removal of
Dog Feces on Public or Private Property."
Following discussion of the language pertaining to trespass, Councilman Beckam moved
the ordinance be returned to the City Attorney for redrafting, seconded bv Councilman
Sherratt and carried by unanimous voice vote.
by
ORDINANCES FOR PASSAGE:
21. "Ordinance No. 1945, N.5., Amending the Alameda Municipal Code h« Amending
Certain Sections of Article 1, Chapter 3, Title VII Thereof, Relating by Licensing
and Registration of Bicycles." Passed by motion made by Councilman Beckam, as amended,
seconded by Councilman Sherratt, Carried on the following roll call vote. AveS: Five.
Noes: None. Absent: None. `
22. "Ordinance No. 1946, N.S., Amending the Alameda Municipal Code by Amending
Certain Sections of Article 1, Chapter 1, Title II Thereof, Relating to Order of
Business at City Council Meetings." Passed by motion made by Councilman Beckam,
seconded by Councilman Diament, carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
BILLS:
23. An itemized List of Claims, certified by the City Manager as correct, in the
total amount of $53,415.42, was presented. Councilman Diament moved the bills as
itemized in the List of Claims filed with the City Clerk on December 5, 1978, be
allowed and paid; seconded by Councilman Sherratt, carried by unanimous voice vote.
RESOLUTIONS:
24. "Resolution No. , Amending the Administrative Procedures for Processing
Development Projects; Environmental Impact Reports (EIR); and Selecting Consultants
to Prepare EIRs for the City." Councilman Sherratt moved this be held over to the
meeting of December 19, seconded by Councilman Beckam, carried by unanimous voice
vote.
25. "Resolution No. 9013, Authorizing Execution of Contract with Biddle & Associates,
Incorporated for Development of Employment Practices and Providing EEO Training for
Management and Personnel Staff." Adopted, as amended, on motion made by Councilman
Beckam, seconded by Councilman Sherratt, carried on the following roll call vote.
Ayes: Five. Noes: None. Absent: None.
26. "Resolution No. 9014, Commending the California Specialized Training Institute
for Their Participation in the City's Emergency Operation Exercise." Adopted on
motion made by Councilman Sherratt, seconded by Councilman Tillman, carried on the
following roll call vote. Ayes: Five. Noes: None. Absent: None.
The President declared the foregoing resolutions adopted.
UNFINISHED BUSINESS:
27. President Corica and Councilman Tillman's suggestion that all Boards and Commis-
sions hold meetings in the Council Chamber, and request for schedule of meeting dates
of Boards and Commissions.
The Council directed that all Boards and Commissions hold meetings in the Council
Chamber. They requested a list showing preferred dates and times for each Board and
Commission.
Mr. Robert Hudkins, of the Library Board, stated they would be willing to meet on the
second Wednesday of each month.
28. Consideration of nomination of Planning Board Member.
President Corica placed in nomination the name of Mr. Robert M. Wood, seconded by
Councilman Diament, carried on unanimous roll call vote.
29. Councilman Tillman's comment concerning status of the printed budget and request
that it incorporate fringe benefits.
The City Manager reported the budget, with fringe benefits listed, would be available
later in December.
30. Consideration of Charter Amendments.
Councilman Sherratt suggested the following amendments: Measure B be amended to go
into effect in 1981, if passed. Measure C, Section 3-1.2, Le added per the City
Attorney's memo dated December 5, 1978. The Council concurred in these suggestions.
Councilman Beckam moved the City Attorney be instructed to prepare the necessary
resolution to place the proposed Charter Amendments A through G, as amended by Sherratt's suggestions, on the ballot of the General Municipal Election to be held
March 6, 1979. The motion was seconded by Councilman Sherratt, and carried on
unanimous voice vote.
31. Mrs. Doris Pixton, representing Citizens Against New Taxes, stated they had filed
3,254 signatures proposing a Charter amendment to be placed on the March 6, 1979 ballot.
She questioned whether the Council would place the measure on the ballot on their own
motion, or have the signatures verified to qualify for the ballot.
Mr. Fred Lyons, 1285 Weber Street, and Mr. John MitCh800, 1319 High Street, spoke in
favor of placing this proposed Charter amendment on the ballot.
Mr. Joseph Sullivan, 3221 Liberty Avenue, opposed placing the issue on the ballot.
In response to questions, the Clerk reported validation of the signatures would cost
an estimated $750.
Following discussion, Councilman Sherratt moved the Council place the amendment on the
ballot for March 6, 1970, seconded by Councilman B8ckdm. The motion failed to carry
on the following roll call vote. Ayes: Two. Noes: Councilmen Dia08nt, Tillman,
and President Corica, (3). Absent: None.
Councilman Sherratt moved S750 be appropriated from the Contingency Fund and the Citv
Clerk be directed to verify the signatures, seconded by Councilman Diament, and
City
carried on unanimous voice vote.
ORAL COMMUNICATIONS, GENERAL:
32. Mr. Robert Hudkins, President of the Library Board, commented on attendance at
Board meetings. He suggested the Board meet at branches of the Library from time to
time
ADJOURNMENT:
33. There being no further business to come before the meeting, the Council adjourned
at 11:15 o'clock p.m., to reassemble in regular session on Tuesday, December 19^ ~ 1978,
at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk