1978-11-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY NOVEMBER 21, 1978
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of
Allegiance led by Councilman Sherratt; Invocation delivered by Reverend Don Taylor,
Pastor, Central Baptist Church.
ROLL CALL: Present: Councilmen Beckam, Diament, Sherratt, Tillman, and President
Corica, (5). Absent: None.
MINUTES: The minutes of the regular meetings held October 17 and November 7, the
joint special meeting with the Planning Board held November 2, and the adjourned
regular meeting held November 14, 1978, were approved as submitted. Councilman
Sherratt abstained from voting on the minutes of the meeting of November 7 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.
WRITTEN COMMUNICATIONS:
From The Honorable Fred F. Cooper, Supervisor, Third District, requesting further
continuance to meeting of December 5, 1978, of consideration of a proposed amendment
to Section 18-311 of the Alameda Municipal Code regarding campaign signs.
Councilman Sherratt moved the ordinance for passage be taken out of order, seconded
by Councilman Beckam, and carried on unanimous voice vote.
ORDINANCES FOR PASSAGE:
-2. "Ordinance No. 1944, N. S., Amending the Alameda Municipal Code by Amending
Section 18-311 Thereof Relating to Public Property and Posting Thereon." Passed by
motion made by Councilman Beckam, seconded by Councilman Diament, and carried on
the following roll call vote: Ayes: Five. Noes: None. Absent: None.
WRITTEN COMMUNICATIONS:
-3. From Mr. Roy Donovan, 1825 Shoreline Drive, concerning Senior Citizen programs.
Mr. Donovan read his communication and added additional comments regarding initiating
Senior Citizen dance programs.
Mr. Virgil Archbold, 1625 Chestnut Street, spoke in support of Mr. Donovan's suggestions.
The City Manager was instructed to contact the Recreation Department and ascertain
the feasibility of incorporating a dance program with Senior Citizen activities.
4. From the Alameda County Mosquito Abatement District requesting appointment of a
trustee representative.
Appointment of the representative was held over until the City Engineer had returned
from vacation.
5. From Ponderosa Homes, Warmington Development, Inc., and Harbor Bay Isle
Associates, requesting consideration of a street name change in Tract No. 3903
from Dike Road to Puddingstone Road.
Councilman Sherratt moved the request be referred to staff for appropriate
action, seconded by Councilman Beckam, and carried on unanimous voice vote.
6. From Daniel F. Reidy, Attorney representing the Alameda Municipal Management and
Confidential Employees' Association, requesting a meet and confer session.
Councilman Sherratt moved the City Manager inform Mr. Reidy the Council did not intend
to reopen the meet and confer process, seconded by Councilman Diament, and carried
on unanimous voice vote.
7. From Mr. Don Perata, submitting his resignation from the City Planning Board
effective November 30, 1978.
Councilman Diament moved the resignation be accepted with regret, seconded by
Councilman Sherratt, and carried on unanimous voice vote.
The Council expressed their appreciation for Mr. Perata's service to the City.
HEARINGS:
8. In the Matter of an Appeal filed by Mr. Michael A. Grappo from conditions
imposed on Relocation Permits for buildings at 1303 and 1315 Oak Street.
Assistant City Manager Creagh briefly outlined the issue. He stated he would rest
on the record submitted to the Council.
Mr. Grappo stated he felt (1) all legal requirements of the Design Review Board had
been met; (2) the Planning Director lacked the authority to cancel the action taken
by the Design Review Board; (3) the parking requirements were met; (4) the City
Council should not support the decision of the Assistant City Manager; and (5) there
were conditions warranting relocation of the buildings at the earliest possible date.
Following a lengthy presentation by Mr. Grappo, elaborating on the above five points,
and a rebuttal by the Assistant City Manager, Councilman Sherratt moved denial of
the appeal, seconded by Councilman Tillman, and carried on unanimous voice vote.
REPORTS AND RECOMMENDATIONS:
9. From the Mayor's Committee for the Handicapped, signed by the Chairperson,
requesting revision of the Uniform Building Code sections relating to accessibility
standards.
Mr. Earnest Ellis enumerated various sections of the Uniform Building Code which the
Committee felt should be revised. He said they were interested in ascertaining exactly
who was responsible for enforcing requirements of the Code.
Councilman Diament suggested the Engineering Department discuss these concerns
with the Committee.
10. From the Historical Advisory Commission, signed by the Chairman, submitting a
recommendation on designation of the Old Post Office Building as a Historical Monument.
Councilman Diament moved adoption of the report and the resolution be taken out of
order, seconded by Councilman Tillman, and carried on unanimous voice vote.
RESOLUTIONS:
11. "Resolution No. 9004, Designating the Old Post Office Building, 2417 Central Avenue,
as a Historical Monument." Adopted by motion made by Councilman Beckam, seconded by
Councilman Sherratt, and carried on the following roll call vote: Ayes: Five.
Noes: None. Absent: None.
Ms. Penelope Brewer, Vice Chairman of the Historical Advisory Commission, spoke
briefly on the history of the building.
President Corica presented a commemorative scroll to Mrs. Erma DeLucci, owner of the
building.
Mr. Gerhard Degemann, President of the Design Review Board, voiced the appreciation
of Supervisor Fred Cooper for the Council's action in this matter.
REPORTS AND RECOMMENDATIONS:
12. From the Auditor-Assessor recommending a refund of real and personal property
taxes erroneously levied and collected.
Councilman Beckam moved acceptance of the report and the resolution be taken out of
order, seconded by Councilman Sherratt, and carried on unanimous voice vote.
RESOLUTIONS:
13. "Resolution No. 9005, Ordering Refund of Real and Personal Property Taxes
Erroneously Levied and Collected." Adopted by motion made by Councilman Sherratt,
seconded by Councilman Beckam, and carried on the following roll call vote: Ayes:
Five. Noes: None. Absent: None.
REPORTS AND RECOMMENDATIONS:
14. From the Assistant City Manager concerning proposals for Liability Excess
Insurance.
At the request of the Assistant City Manager, the matter was carried over to
the special joint meeting with the Public Utilities Board to be held November 27, 1978.
15. From the Assistant to the City Manager requesting authorization to submit an
application to the Metropolitan Transportation Commission for the Elderly/Handicapped
Transportation Assistance Program.
Councilman Beckam moved acceptance of the report and the resolution be taken out
of order, seconded by Councilman Sherratt, and carried on unanimous voice vote.
RESOLUTIONS:
16. "Resolution No. 9007, Authorizing Submittal of Application for Elderly and
Handicapped Transportation Assistance Program and Filing of Transportation Claim
to Metropolitan Transportation Commission for TDA Article 4.5 Funds." Adopted
by motion made by Councilman Beckam, seconded by Councilman Sherratt, and carried
on the following roll call vote: Ayes: Five. Noes: None. Absent: None.
REPORTS AND RECOMMENDATIONS:
17. From the City Manager regarding the Senior Citizens Center.
Mr. Sig Bray, 2045 Central Avenue, and Mr. Clarence Day, 1322 Broadway, spoke in
favor of establishing a Senior Citizens Center.
In response to a question from Councilman Sherratt, City Manager Goss suggested the
staff prepare an evaluation of the Washington School site for use as a Senior Citizens
Center. Councilman Sherratt moved the suggestion be adopted, seconded by Councilman
Tillman, and carried on unanimous voice vote.
The Council further requested staff to submit an analysis of alternate sites, i.e.,
the Veterans Memorial Building.
Councilman Diament moved approval of the City Manager's recommendation that staff be
directed to continue looking for funding sources, seconded by Councilman Sherratt, and
carried on unanimous voice vote.
18. From the City Manager concerning container deposit legislation.
President Corica noted the Council had previously gone on record opposing the Bottle
Bill proposed by Senator Rains. He reported the Alameda County Solid Waste Management
Authority would vote on the issue on January 4, 1979, and requested direction from
the Council.
Councilman Diament recommended the Council re-affirm its previous stand. Councilman
Beckam noted the original agreement to form the Solid Waste Management Authority
required the promotion of legislation to provide for return-type bottles and do away
with throwa‘,ay containers.
Mr. Robert Brewer, 2045 Buena Vista Avenue;
Mrs. Elizabeth Rogers, 1261 Weber Street;
Mr. Richard Roth, 424 Santa Clara Avenue; and
Ms. Leora Feeney, 1330 8th Street, expressed their concerns on this subject.
Councilman Tillman suggested a decision be carried over pending a response from the
Chamber of Commerce on the business community's opinion on this issue. Councilman
Sherratt moved adoption of Councilman Tillman's suggestion, seconded by Councilman
Diament, and carried on unanimous voice vote.
Councilman Beckam requested that the City Manager provide a copy of the sections
of the Solid Waste Management Agreement pertaining to this subject.
'19. From the City Manager submitting a recommendation on the Final Map for Tract No. 4120,
Harbor Bay Isle Associates, Subdivider - Dividend Development Corporation, Developer.
This report and the resolution were held over to the meeting of December 5, 1978.
20. From the City Manager regarding excess Federal Property westerly of the Southern
Pacific Railroad tracks parallel to Webster Street.
Mr. John Beery, of Mariner Square, complained about the appearance of city property
adjacent to Mariner Square.
Following discussion on means to aquire the land, Councilman Sherratt moved the Mayor
work with the City Manager to explore potential uses of the property and communicate
them to the General Services Administration; seconded by Councilman Diament, and
carried on the following voice vote: Ayes: Four. Noes: Councilman Beckam, (1).
Absent: None.
-21. From the City Manager reporting all work satisfactorily completed on the project
of the construction of Wheelchair Ramps at various locations within the City,
recommending it be accepted and Notice of Completion ordered filed.
Councilman Beckam moved acceptance of the report, payment be made in the amount of
$53,945.36, and the Notice of Completion be filed, seconded by Councilman Sherratt.
On the question, Mr. Earnest Ellis, of the Mayor's Committee on the Handicapped, said
they found three of the ramps to be hazardous in their opinion. Acting Assistant City
Engineer Dave Edwards reported all work had been performed in accordance with the
specifications.
On a call for the question, the motion carried on unanimous voice vote.
22. From the City Manager concerning negotiation of a contract regarding the perimeter
levee at the City Dump.
Councilman Sherratt moved acceptance of the report and the resolution be taken out of
order, seconded by Councilman Diament, and carried on unanimous voice vote.
RESOLUTIONS:
23. "Resolution No. 9006, Authorizing Execution of Agreement with Harding - Lawson
Associates for Preparation of Plans and Specifications for Perimeter Leachate Barrier
and Closure of City Disposal Site." Adopted by motion made by Councilman Beckam,
seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes:
Five. Noes: None. Absent: None.
REPORTS AND RECOMMENDATIONS:
2A. From the City Manager regarding Christmas Tree Lane.
Councilman Sherratt moved the City Manager explore the possibility of the Bureau of
Electricity either contributing to or picking up the expense of the project, and (2)
if this was not possible, that the City appropriate the money from the Contingency Fund
not to exceed $700.20, seconded by Councilman Beckam.
Councilman Tillman suggested the motion be amended to provide the residents of
Thompson Avenue be notified of the possibility of no City funding in 1979 and future
years. Councilmen Sherratt and Beckam agreed to the amendment.
Mrs. Irva Dean Kenyon, 3259 Thompson Avenue, urged the Council to continue the
City's participation in this community program.
On a call for the question, the motion carried on unanimous voice vote.
UNFINISHED BUSINESS:
25. President Corica's comment on the City Manager's report regarding personnel
transactions; his proposal to establish a moratorium on the Design Review Board;
and his suggestion to transfer the Design Review Board Associate Planner to the current
Planning Department.
Councilman Sherratt outlined his proposal to create two new boards to handle the
functions of the Design Review Board and Planning Board. He suggested a committee
consisting of two members of the Council, the City Attorney, the Planning Director,
a member of the Planning Board, a member of the Design Review Board, and such other
members as needed, meet and work out the details of his proposal to determine if it
was possible and how it could be implemented.
Speaking in support of retention of the Design Review Board were:
Mr. Joseph Sullivan, 3221 Liberty Avenue;
Mr. Earnest Ellis, representing the Mayor's Handicapped Committee;
Mrs. Elizabeth Rogers, 1261 Weber Street;
Mr. James Smallman, 2242 San Antonio Avenue;
Ms. Leora Feeney, 1330 Eighth Street, representing Save Our Shoreline;
Mr. John Beery, representing Mariner Square;
Mr. Bruce Gordon, 1093 Park Avenue;
Planning Board President Joan Narahara;
and Design Review Board members Gerhard Degemann, President; Ms. Janet Alcorn;
Ms. Penelope Brewer; and Mr. Russ Sisung.
Speaking in opposition to retention of the Board was:
Mr. John Mitcheom, 1319 High Street.
Following further discussion of Councilman Sherratt's proposal, Councilman Beckam
moved consideration of President Corica's proposal to place a moratorium on the
Board be tabled until July, 1979. The motion died for lack of a second.
Councilman Diament moved the Council reaffirm its action taken on June 26, 1978, to
place the Board on a one -year probation period, seconded by Councilman Beckam. The
motion failed to carry on the following roll call vote: Ayes: Two. Noes:
Councilman Tillman and President Corica, (2). Abstaining: Councilman Sherratt, (1).
Absent: None.
Councilman Sherratt moved the committee to explore the planning process proceed,
seconded by Councilman Tillman, and carried on unanimous voice vote.
26. President Corica's announcement concerning availability of film depicting
problems of the handicapped, and suggested reimbursement of purchase price.
In response to a question from the President, City Manager Goss stated there was no
money budgeted for this reimbursement. It was suggested funding might be available
in the form of a grant from some other agency, either public or private.
27. President Corica and Councilman Tillman's suggestion that all Boards and
Commissions hold meetings in Council Chamber, and request for schedule of meeting
dates of Boards and Commissions.
Consideration of this item was held over to the meeting to be held December 5.
NEW BUSINESS:
28. President Corica commented on recent discussions concerning the number of units
to be built in the Harbor Bay Isle development.
Mr. Ron Cowan, President of Harbor Bay Isle Associates, reaffirmed their position
that no more than 3,200 units would be built on the entire project. He offered to
enter into a covenant or contract with the City in this regard.
It was noted Councilman Beckam left and returned to the Chamber during Mr. Cowan's
presentation.
Mrs. Ina Ratto, 1053 Island Drive, commented on the promise of the developer to limit
the project to 3,200 units.
Ms. Leora Feeney, 1330 Eighth Street, commented on the completion of the land use
plan.
Ms. Jean Cantrell, 3117 Otis Drive, questioned the status of the property adjoining
Fernside Boulevard.
Mr. Cowan reviewed the background of the 3,200 -unit limit. He also reported on the
current status of the former "Wood" property on Fernside Boulevard and a subdivision
application filed by Dividend Development.
Mr. Joseph Sullivan, 3221 Liberty Avenue, spoke on the Noise Element easement
requested by Harbor Bay Isle for Village V.
29. Councilman Tillman questioned the status of the printed final budget and asked
that it incorporate fringe benefits.
RESOLUTIONS:
30. "Resolution No. 9008, Calling General Municipal Election to be Held in the City
of Alameda on Tuesday, March 6, 1979; Establishing Election Precincts; Fixing Number
of Election Officers on the Board of Election for Each Precinct; Fixing Compensation
of Election Officersand Designating Hours of Voting." Adopted by motion made by
Councilman Beckam, seconded by Councilman Sherratt, and carried on the following roll
call vote: Ayes: Five. Noes: None. Absent: None.
31. "Resolution No. 9009, Adopting Specifications for the Manufacture and
Installation, Including Hardware, of Window Coverings for the Police Administration
Building, Calling for Bids and Directing City Clerk to Advertise Same."
Adopted by motion made by Councilman Beckam, seconded by Councilman Sherratt,
and carried on the following roll call vote: Ayes: Five. Noes: None.
Absent: None.
The President declared the foregoing Resolutions adopted.
INTRODUCTION OF ORDINANCES:
32. "Ordinance No. , N. S., Amending the Alameda Municipal Code by Amending Certain
Sections of Article 1, Chapter 3, Title VII Thereof, Relating to Licensing and
Registration of Bicycles." Introduced, as amended to reflect the mandatory
requirement for securing a bicycle license, by motion by Councilman Sherratt, seconded
by Councilman Tillman, and carried on the following roll call vote: Ayes: Five.
Noes: None. Absent: None.
33. "Ordinance No. , 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." Introduced by motion made by Councilman Sherratt,
seconded by Councilman Diament, and carried on the following roll call vote: Ayes:
Five. Noes: None. Absent: None.
BILLS:
34. An itemized List of Claims, certified by the City Manager as correct, in the
total amount of S135,409.67, was presented. Councilman Diament moved the bills as
itemized in the List of Claims filed with the City Clerk on November 17, 1978,
be allowed and paid; seconded by Councilman Sherratt, and carried by unanimous voice vote.
ORAL COMMUNICATIONS, GENERAL:
35. Mrs. Doris Pixton, 915 Shorepoint Court, representing Citizens Against New Taxes,
requested an extension of time within which to file their petitions requesting a
Charter amendment be placed on the March 6, 1979, Municipal Election ballot.
Mrs. Margaret Jameson, 1204 Porta Ballena; Mr. John Mitcheom, 1319 High Street;
and Mr. John McCleese, 408 Sunset Road; spoke in favor of the extension.
Councilman Beckam suggested the organization continue to gather signatures and present
them at the meeting to be held December 5. The City Attorney stated he would give an
opinion on the legality of the proposed charter amendment when the required number of
signatures were presented.
FILING:
36. Specifications MSP 11 -78 -3 - Window Coverings for Police Administration Building.
37. Agreement with Harding- Lawson Associates re City Disposal Site.
ADJOURNMENT:
38. There being no further business to come before the meeting, the Council
adjourned at 1:15 o'clock a.m. to assemble in regular session on Tuesday,
December 5, 1978, at 7:30 o'clock p.m.
Resp ctfully submitted,
City Clerk