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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