1978-11-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY NOVEMBER 7, 1978
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance
led by Councilman Tillman; Invocation delivered by Reverend Albert Larsen, Assistant
Pastor, First Presbyterian Church.
ROLL CALL: Present: Councilmen Beckam, Diament, Tillman, and President Corica, (4).
Absent: Councilman Sherratt, (1).
MINUTES: The minutes of the regular meeting held October 3, 1978, 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.
President Corica announced that discussion of items on the agenda pertaining to the
Design Review Board would be held over to the meeting of November 21.
WRITTEN COMMUNICATIONS:
4. From Mr, and Mrs. David Thompson, 2270 San Jose Avenue, concerning traffic
conditions at the intersection of San Jose Avenue and Oak Street.
The communication was referred to the Traffic Advisory Committee.
2. From Ms. Kimberly Ann Clary, Alameda High School Ad-Board, requesting permission
to contract with the Alameda Police Department for security services at dances and
varsity football and basketball games.
The Council directed the Assistant City Manager and the Police Department to work with
the Ad Board on the details.
3. From Mr. Vernon L. Harvey, 1800 Alameda Avenue, concerning parking of commercial
vehicles.
The communication was referred to the Traffic Advisory Committee.
4. From the Northside Association, signed by the President, regarding (1) potential
traffic problems in connection with the development of former Del Monte properties,
and (2) the lack of protective fencing at Buena Vista Park.
Mrs. Rosalie McPherson, Planning Board member, questioned the status of the EIR for
the Patton Way project, to which the City Engineer responded.
Councilman Tillman requested the City Manager to notify Mr. Hildebrand of the Northside
Association when the Fifth Year Housing and Community Development funds were to be
considered.
Councilman Diament recommended the Recreation Commission reconsider building a fence
at the park.
5. From Mr. Thomas L. Ferro, 1826 Clement Avenue, opposing re-routing of truck
traffic from Buena Vista Avenue to Clement Avenue.
The item was referred to discussion of the ordinance for passage cn the same subject.
6. From Mr. D. E. Appleton, 2029-D Otis Drive, regarding the Design Review Board.
The communication was referred to the discussion of the subject on November 21.
7. From the Honorable Fred F. Cooper, Supervisor, Third District, concerning the
proposed amendment to Section 18-311 of the Alameda Municipal Code regarding campaign
signs.
At Supervisor Cooper's request, consideration of passage of the ordinance was held over
to the meeting to be held November 21, 1978.
8. From Davis, Craig & Young, Attorneys for Harbor Bay Isle Associates, regarding
Village V negative declaration.
In response to questions from President Corica and Councilman Tillman, the City
Attorney explained there was no formal, written agreement limiting Harbor Bay Isle
Associates to a maximum of 3,200 units. However, he noted this was a promise made by
the developer in public and was a matter of record; that the City was capable of
backing this up with the Planned Development and Zoning regulations. He noted further
that all the data in the EIR was based on the 3,200-unit limit.
Mrs. Leora Feeney, 1330 8th Street, urged the Council to not allow any expansion
over the 3,200-unit limit.
Mrs. Rosalie McPherson, Planning Board member, commented on the settlement agreement
with Harbor Bay Isle Associates and suggested it thight not be possible to require the
developer to adhere to the 3,200-unit limit, especially if the property in Village
V was rezoned to R-2.
Mr. Joseph Sullivan, 3221 Liberty Avenue, suggested the City require Harbor Bay Isle
Associates to enter into agreements with any subdividers or purchasers of the land that
the total units built notexceed the 3,200-unit limit.
Councilman Tillman moved the Council policy be that no more than 3,200 units be built
on the 915 acres of the Harbor Bay Isle development, seconded by Councilman Diament,
and carried on unanimous voice vote of the members present.
Planning Director Patterson, as Secretary to the Planning Board, requested direction
from the Council as to the date to be set for the hearing on the Negative Declaration
for Village V. He noted the attorneys for HBI had requested the hearing be set for
November 20.
Councilman Beckam moved the Planning Board be directed to proceed in time to meet the
December 1 deadline, seconded by Councilman Tillman, and carried on unanimous voice
vote of the members present.
HEARINGS:
9. Held over from the meeting of October 17, 1978, in the Matter of the Proposal
to amend Section 11-161(d)(3) of Zoning Ordinance No. 1277, New Series, regarding
Administrative Variances.
President Corica explained the hearing procedure and declared the hearing opened.
The City Attorney read the Planning Board and Planning staff recommendations.
Planning Director Patterson explained the positions of the Board and the staff.
Mrs. Joan Narahara, President of the Planning Board, further explained the Board's
position.
Mr. Fred Scullen, 1120 Chestnut Street, urged the Council not to make any changes
which would allow residents to have variances approved more easily.
The President declared the public portion of the hearing closed.
Councilman Beckam moved the ordinance be considered out of order, seconded by
Councilman Tillman, and carried on unanimous voice vote of the members present.
INTRODUCTION OF ORDINANCES:
10. "Ordinance No. , N.S., Amending the Alameda Municipal Code by Amending
Subsections of Sections 11-161.5 and 11-162.5 Thereof Relating to Zoning Administrators
Approval of Administrative Use Permits." Councilman Beckam moved introduction of the
ordinance, seconded by Councilman Tillman. The motion failed to carry on the
following roll call vote: Ayes: Two. Noes: Councilman Diament and President
Corica, (2). Absent: Councilman Sherratt, (1).
HEARINGS:
11. In the Matter of the Proposal to prohibit, by ordinance, the use of any and all
vehicles whose maximum gross weight exceeds three tons on the following public street
in the City of Alameda: (1) Park Street, for its entire length; (2) Tilden Way,
for its entire length.
Councilman Beckam moved the next hearing on the agenda, 'In the Matter of the Proposal
to prohibit, by ordinance, the use of any and all vehicles whose maximum gross weight
exceeds three tons on the following public streets in the City of Alameda; California
Highway Route 260 and a portion of California Highway Route 61; and proposing an
alternate truck route" be considered concurrently with this hearing, seconded by
Councilman Diament, and carried on unanimous voice vote of the members present.
President Corica explained the procedure to be followed and declared the hearings
opened.
The Clerk noted the Affidavits of Publication of the required Notices of Hearing were
on file.
City Engineer Hanna outlined the issue involved in these hearings.
On a call for proponents, Dr. Robert Brewer, 2045 Buena Vista Avenue, spoke in
favor of passage of the ordinances.
On a call for opponents, the following spoke:
Mr. Peter Wang, Encinal Terminals;
Mr. Daniel Cummins, attorney for Encinal Terminals;
Mr. John Martin, 341 Laguna Vista Avenue, President of PACECO;
Mr. Robert Nicholson, 430C Cola Ballena, representing the Chamber of Commerce;
Mr. Richard Pilliod, Plant Manager for Del Monte Corporation;
Mr. Ralph Witt, owner of a trucking company and warehouse off of Buena Vista Avenue; and
Mr. John Fontanot, J & L Trucking, Hayward.
Councilman Beckam read into the record a letter from the City of Oakland City Manager
which stated their staff recommendation to the Oakland City Council opposing an
alternate route in Oakland to provide a truck ban on Route 61 in Alameda.
The President declared the public portion of the hearings closed.
At the conclusion of discussion, Councilman Beckam moved the ordinances be considered
out of order; the motion failed for lack of a second.
ORDINANCES FOR PASSAGE:
12. Councilman Beckam moved the following ordinance be taken out of order, seconded
by Councilman Diament, and carried on unanimous voice vote of the members present.
"Ordinance No. , N. S., Amending the Alameda Municipal Code by Amending Section
17-551 of Article 5, Chapter 5, of Title XVII Thereof, Relating to the Prohibited
Use of Buena Vista Avenue Between Grand Street and Broadway by Any Vehicle
Exceeding a Maximum Gross Weight of Three Tons." Councilman Beckam moved passage
of the ordinance, the motion failed for lack of a second.
Councilman Tillman questioned when Clement Avenue would be prepared for truck traffic.
Councilman Diament suggested action on the ordinance be postponed until all the
problems had been solved.
Presidert Corica commented on the parking problems on Clement and Buena Vista Avenues.
He suggested consideration of passage of the ordinance be held over until such time
as repairs had been completed on Clement Avenue.
Speaking in opposition to passage of the ordinance were:
Attorney Cliff Lancaster, on behalf of Attorney Thomas L. Ferro, and others;
Mr. Dan Cummins, on behalf of Encinal Terminals;
Mr. Peter Eang, of Encinal Terminals,
Mr. John Fontanot, of J & L Trucking, Hayward; and
Mr. John Martin of PACECO.
Dr. Robert Brewer, 2045 Buena Vista Avenue, spoke in favor of passage of the ordinance.
Councilman Beckam noted the Council had previously agreed to proceed with the ordinance
with the stipulation that it would not become effective until the streets had been
posted; that the City Engineer had been directed not to post the streets until the
work was done.
Following discussion by the Council, Councilman Beckam moved the ordinance be tabled
until the second Council meeting in January, 1979, seconded by Councilman Tillman,
A ten-minute recess was called, at which time Councilman Beckam left the meeting.
On the question, there was discussion on the possibility f tabling the ordinance until
the City Engineer stated Clement Avenue had been suitably repaired.
On ascall for the question, the motion failed to carry on the following roll call
Vote: ' 5: None. Noes: Councilmen Diament, Tillman, and President Corica, (3).
Absent: Councilmen Beckam and Sherratt, (2).
Councilman Tillman moved the ordinance be tabled until such time as the City Engineer
reported Clement Avenue had been suitably repaired and accepted for truck traffic;
seconded by Diament, and carried on the following roll call vote: Ayes:
Three. Noes: N0n2, Absent: Councilmen Beckam and Sherratt, (2).
REPORTS AND RECOMMENDATIONS:
°13. From the Assistant City Manager transmitting a request of the Social Service
Human Relations Board for a joint meeting.
Ms. Linda Pritchard, President of the Board, elaborated on the request.
A joint meeting was tentatively set for Thursday, November 30, 1978.
There was a discussion about responsibility for the Toys for Tots program, the Gift
Certificate program, and the Christmas baskets program. Ms. Sue Mathieson,
representing Xanthos House, offered to handle the Toys for Tots program; the Council
accepted the offer. The City Manager reported he and the Assistant City Manager were
working on plans to ensure the other programs would be taken care of.
°I4. From the City Manager submitting recommendations on the Final Maps for Tracts Nos.
4024, 4025, and 4026 - Harbor Bay Isle Village One South west.
Councilman Tillman moved approval of the report and the resolutions be taken out of
order, seconded by Councilman Diament and carried on unanimous voice vote of the
members present.
RESOLUTIONS:
- 15. "Resolution No. 8996, Approving Final Map of SUbdiViSiUVKDUwn as Tract 4024,
Authorizing Execution of Agreement for Construction of Public Improvements Therein and
Approving Bonds as to Sufficiency (Great American Homes, Alameda, Subdividers)."
Adopted by made by Counc1lman Tillman, seconded by Councilman Diament, and
carried on - the following roll call vote: Ayes: Three, Noes: None. Absent:
Councilmen Beckam and Sherratt, (2).
18. "Resolution No. 8997, Approving Final Map of Subdivision Known as Tract 4025,
Authorizing Execution of Agreement for Construction of Public Improvements Therein and
Approving Bonds as to Sufficiency Great American Homes, Alameda, Subdividers)."
Adopted by made by C Tillman, seconded by Councilman Diament, and
Carried on - the following roll call vote: Ayes: ThreS, Noes: None. Absent:
Councilmen Beckam and Sherratt, (2).
17. "Resolution No. 8998, Approving Final Map of Subdivision Known as Tract 4026,
Authorizing Execution of Agreement for Construction of Public Improvements Therein
and Approving Bonds as to Sufficiency (Great American Homes, Alameda, Subdividers)
Adopted by motion made by Councilman Tillman, seconded by Councilman Diament, and
carried by the following roll call vote: Ayes: Three. Noes: None. Absent:
Councilmen Beckam and Sherratt, (2). The President declared the foregoing resolution
adopted.
ADJOURNMENT:
18. Councilman Diament moved adjournment to an adjourned regular meeting, to be held
Tuesday, November 14, 1978, at 7:30 o'clock p.m., in accordance with Council policy,
seconded by Councilman Tillman, and carried on unanimous voice vote of the members
present.
Respectfully submitted,
City Clerk