1978-10-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY OCTOBER 17, 1978
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of
Allegiance led by Councilman Sherratt; Invocation delivered by Father William
Marshall, St. Albert's Catholic Church.
ROLL CALL: Present: Councilmen Beckam, Diament, Sherratt, Tillman, and President
Corica, (5). Absent: None.
MINUTES: Approval of the minutes of the meeting of October 3, 1078, was held over
to the meeting to be held November 7, 1978.
Note: The proceedings of City Council meetings are taped in their entfretv. Tapes
are on file in the Office of the City Clerk.
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RE3OLUTIONS:
1. "Resolution No. 8991, Appointing Member of the Golf Commission (Norma A.
Arnerich)12 Adopted by motion made by Councilman Beckam, seconded by
Sherratt, and carried on the following roll call vote: Ayes: Five. ' Noes: None.
Absent: None.
2. "Resolution No. 8992, Appointing Member of the Recreation Commission /Gertrude
B. Woods)." 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.
3. "Resolution No. 8993, Appointing Member of the Recreation Commission
(W. Lance RUSsU0)." Adopted by motion made by Councilman Beckam, seconded by
Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: 'NoDe.
Absent: None.
Upon request, the Deputy City Clerk administered the Oath of Office to the
Commissioners.
WRITTEN COMMUNICATIONS:
4. From Mr, Josef Otto Brown, 2830 Central Avenue, protesting the current rate
of license fee for hotel, office building, or apartment house rentals.
The communication was received.
5. From Harbor Bay Isle Associates, signed by Oscar Barry, Project Manager,
concerning construction and maintenance of two bus shelters at the intersection of
Dike Road and Bridgeway Road.
Councilman Sherratt moved the City Attorney be directed to prepare the appropriate
license agreement, seconded by Councilman Beckam, and carried On unanimous voice vote.
6. From the Amateur Softball Association, signed by the Deputy Commissioner,
concerning the National Tournament in Softball Fast Pitch.
The Council requested a report on the feasibility of holding the Tournament in
Alameda. The City Manager was requested to meet with Toby Chavez, the Deputy
Commissioner, to discuss details.
HEARINGS:
7. In the Matter of an Application to rezone 1226-1236 Park Street from C-1
(Neighborhood Business District) to C-2 (Central Business District) Applicant:
John Coler-Dark.
President Corica explained the procedure to be used during the hearing.
The Clerk reported the Affidavit of Publication of the required Notice of Hearing
was on file.
Planning Director Patterson explained the background to the issue.
On a call for proponents or opponents, there was no response, and the President
declared the hearing closed.
Councilman Sherratt moved the ordinance be taken out of order, seconded by Councilman
Tillman, and carried on unanimous voice vote.
INTRODUCTION OF ORDINANCES:
8. "Ordinance No. , N. S., An Ordinance Reclassifying and Rezoning Certain
Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S.,
(John Coler-Dark, R 78-6)." Introduced by motion made by Councilman Sherratt,
seconded by Councilman Beckam, and carried by the following roll call vote: Ayes:
Five. Noes: None. Absent: None.
HEARINGS:
9. In the Matter of an Appeal filed by Mr. Greg A. Silva, representing Mr. John
Anthony, from a decision of the Planning Board denying a Planned Development
application for 716 Central Avenue.
President Corica explained the procedure to be used during the hearing.
Planning Director Patterson explained the background to the issue, referring to a
drawing of the proposed project posted in the Chamber.
On a call for proponents, those in favor of the Planning Board decision, there was no
response.
On a call for opponents, Attorney Silva spoke in favor of granting the appeal and
overturning the decision of the Planning Board.
There was a discussion on the action taken by the Planning Board in denying the
application for the project. Mrs. Rosalie McPherson and Mrs. Amey Stone, members
of the Planning Board, explained actions taken by the Board and the negative
vote taken on the motion to approve the project.
Mr. Anthony agreed to two conditions proposed by the Council: (1) to only develop
one-story residences on the parcel which extended into the park lands; and (2)
to start construction on that parcel last.
Councilman Beckam moved the decision of the Planning Board be overturned, subject
to the two conditions agreed upon by Mr. Anthony. Councilman Sherratt suggested the
motion be amended to include "Alternate B" from the Planning Department memo of
September 13, 1978, which listed 22 conditions. Planning Director Patterson
suggested amendments and additions to the conditions, which would then read:
Findings - (1) The site contains acres which exceed the requirements set forth in
Sec. 11-1354.1(a); (2) This project is in conformance with the Trend Plan of the City's
adopted General Plan; (3) No significant adverse environmental impacts will be created
if this project is constructed; (4) The proposed residential land use is compatible
with other land use in the general neighborhood; and Conditions - (1) That home buyers
be made aware that the PD requirements do not allow flexibility as to future
alterations of individual dwelling units; (2) That no freestanding single mail boxes
be allowed. They shall be grouped. If acceptable to the Post Office personnel,
they may install mail slots into garage doors; (3) The CC&Rs shall reflect the
following items and be reviewed by City Planning, City Engineer, and the City Attorney's
offices: a. Restriction on pet exercise and bodily wastes. All pets (cats and dogs)
will be required to remain within the property lines of the homeowner's lot or on
a hand-held leash. b. No fences will be allowed in the common areas. c. No private
outside storage in common areas between buildings permitted. d. Home occupation
permits will not be issued. e. Garages will nct be converted for other uses.
f. There will be no external antennas (i.e., TV, ham radio, CB, etc.). g. No
parking of junk cars, boats, campers, shells, recreational vehicles, mobile homes,
trailers, etc., will be permitted. h. No outside repair or maintenance of automotive
vehicles will be permitted. i. Architectural themes and vocabulary will be defined
as to building materials, color pallet, roofs, exterior finishes, window openings, etc.
j. No parking of vehicles in front of garages will be permitted; (4) All garages
will have automatic garage door openers; (5) All roadway beds will be constructed
according to city standards; (6) Moisture sensors shall be installed in the
irrigation system in all common landscaped areas; (7) That a right-of-way easement be
granted to the parcel between subject parcel and embankment for future access if
developed; (8) That all easements be properly recorded; (9) That the signage be
approved by the Design Review Board; (10) That the developer work with the City with
approval by the DRB to solve the problem of the joirt edge with the baseball complex
as noted on the site plan; (11) A height limit of two stories or 32' from the
elevation of the park land be required along the southwest boundary between the park
and proposed development; (12) A solid fence be provided along the edge of the easement
and the Park-Webster apartments parking lot as approved by the DRB; (13) Parking along
the access easement be studied to see if reduction is possible and acceptable to all
parties. The creation of new parallel parking should be encouraged to allow space
for landscaping and pathways. This parking area should be landscaped with a watering
system; (14) Handicapped access to the site should be studied, including the
feasibility of regrading the main access road or providing access through other
adjacent properties; (15) That the appropriate traffic control devices, markings,
striping required by the City Transportation Engineer be implemented; (1E) That
lighting in the private streets be approved by the Planning Director, and the DRB;
(17) That five EBMUD Type 64 fire hydrants be installed in locations approved by
the Fire Department; (18) That all sales information and contract advise prospective
owners of the potential nuisance from the adjacent baseball complex; (19) That an
access way be provided into the project as approved by the DRB and Planning Director
and that the pool equipment be moved in a southerly direction away from and isolated
from the residents; and (20) Walkway will be approved to enhance the capability cf
handicapped access through the walkway through the slope area leading from the
upper to lower level of the development. Councilman Beckam agreed to the amendments.
The motion was seconded by Councilman Sherratt and carried on unanimous roll call
vote.
Mrs. Rosalie McPherson expressed her opinion and objected to the decision of the
Council. She requested that the Council consider holding a joint work session with
the Planning Board. President Corica said he would poll the members of the Board
and call a meeting if a majority wanted it.
10. 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: Buena Vista Avenue, from Grand Street to Broadway.
President Corica explained the procedure to be followed in this hearing.
The Clerk reported the Affidavit of Publication of the required Notice of Hearing was
on file.
City Engineer Hanna explained the issue and described the truck routes, as well as
potential difficulties.
On a call for proponents, Mr. Lou Fore and Dr. Robert Brewer made a presentation,
including slides of the area, supporting the removal of the truck route from Buena Vista
Avenue.
Councilman Beckam suggested the City Manager investigate the status of the lease with
the Alameda Belt Line.
On a call for opponents, the following spoke:
Delores Tabogoc, 2027 Clement Avenue;
Julian Abasolo, 1926 Chestnut Street;
George Noriega, 1712 Minturn Street;
Helen Freeman, 831 Laurel Street;
Wayne Milani, 1815 Clement Avenue;
Annabelle Jones, 2022 Clement Avenue;
Mr. Luciano Tabogoc, 2027 Clement Avenue; and
Mr. Mel Bodkin, 1717 Alameda Avenue.
Following discussion by the Council, Councilman Sherratt moved the Engineering
Department report on the ordinances which might be needed to prohibit or restrict
truck parking in the area and to survey residents and businesses in the area to determine
what needs each may have, seconded by Councilman Tillman, and carried on unanimous
voice vote.
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Councilman Beckam moved the City Engineering staff work with Mr. Brewer, Mr. Fore,
and Mr. Milani to cover all the businesses along the route in question, to develop
whatevemordinance program was necessary to control parking, in length, width,
height, time, or whatever else was necessary. The motion was seconded by Councilman
Sherratt and carried on unanimous voice vote.
At the suggestion of the City Attorney, Councilman Sherratt moved the Council
overrule all objections and find that the public necessity required the imposition of
vehicle weight limits, and that the ordinance be introduced out of order, seconded
by Councilman Diament, and carried on unanimous voice vote.
INTRODUCTION OR ORDINANCES:
11. "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." Introduced by motion made by
Councilman Beckam, seconded by Councilman Diament, and carried on the following roll
call vote: Ayes: Five. Noes: None. Absent: None.
HEARINGS:
/ 12. In the Matter of the Proposal to amend Section 11-161(d)(3) of Zoning Ordinance
No. 1277, New Series, regarding Administrative Variances.
The hearing and the ordinance for introduction were held over to the meeting of
November 7, 1978, pending receipt of further information from the Planning
Department and the City Attorney.
REPORTS AND RECOMMENDATIONS:
13. From the Recreation Commission, signed by the Chairman, regarding the proposed
development at 716 Central Avenue and its relationship to Washington Park and
Crown State Beach.
Mrs. Gertrude Woods reiterated the concerns of the Commission on the proposed project.
Councilman Sherratt asked the City Manager to obtain an estimate of the value of the
parcel which extended into the park land.
,14. From the Planning Board, signed by the Secretary, submitting a recommendation on
Parcel Map 2574, 2161 Central Avenue. (Owner, Jerry Schwabenland).
The report and the resolution were held over to the meeting to be held November 7,
1978.
15. From the Human Resources Coordinator, transmitting the Social Service Human
Relations Board Work Program for 1978-79.
Councilman Beckam moved approval of the Work Program and acceptance of the attached
Handicapped Survey Report, seconded by Councilman Diament, and carried on unanimous
voice vote.
16. From the City Manager, concerning Training Agreements between the City and the
State of California Department of Highway Patrol.
Councilman Beckam moved acceptance of the report and the resolution out of order,
seconded by Councilman Sherratt, and carried on unanimous voice vote.
RESOLUTIONS:
-17. "Resolution No. 8994, Authorizing Execution of Training Agreements Between the
City of Alameda and the State of California Department of Highway Patrol." 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:
18. Held over from the meeting of October 3, from the Assistant City Manager,
concerning a proposal for Claims Administration Services for the City/Bureau of
Electricity Workers Compensation Insurance Program.
Mr. James Payton, Chairman of the Ad Hoc Efficiency Committee, stated they supported
this contract this year, but suggested a re-evaluation of the need for the services
of an outside company when the contract expired.
It was noted Councilman Beckam had left and returned to the Chamber during Mr. Payton's
presentation.
Councilman Sherratt moved acceptance of the report and the resolution out of order,
seconded by Councilman Tillman, and carried on unanimous voice vote.
RESOLUTIONS:
19. "Resolution No. 8995, Authorizing Execution of a Service Agreement with Gates,
McDonald & Company Relating to the Self-Insured Workers' Compensation Program for
City and Bureau of Electricity." 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:
20. From the Ad Hoc Efficiency Committee, a verbal report on progress to date.
Mr. Payton said the next reports from the Committee would be on the Fire Department,
the contract with Alameda Hospital, the City Attorney's office, and various taxes
and fees.
UNFINISHED BUSINESS:
21. Consideration of appointments to the Energy Conservation Committee.
Councilman Sherratt nominated Mr. William Kirkland, seconded by Councilman Beckam,
and carried on unanimous voice vote.
Councilman Diament nominated Ms. Maryetta Falk, seconded by Councilman Sherratt, and
carried on unanimous voice vote.
22. Consideration of Councilman Beckam's suggestion to reconsider the 6% salary
reduction to employees earning over $30,000 and also to consider rescinding
Resolution No. 8938 relating to employee benefits.
Consideration of this item was held over to be discussed at executive session
following this meeting.
23. Councilman Diament's suggestion the Council adopt an ordinance prohibiting
alcoholic beverages in public parks.
There was a discussion on the possibility of amending the ordinance as written to
refer only tc Jackson Park, and not place limits on the other parks. The City
Attorney stated he had no objection to such an amendment.
Councilman Diament moved the ordinance be amended to refer to only Jackson Park,
seconded by Councilman Betkam, and carried on unanimous voice vote.
INTRODUCTION OF ORDINANCES:
24. "Ordinance No. 1941, N.S., Amending the Alameda Municipal Code by Adding
Section 4-217 to Article 1, Chapter 2 of Title IV Thereof Prohibiting the Possession
and Use of Alcoholic Beverages in Jackson Park," Introduced and passed by motion
made by Councilman Diament, seconded by Councilman Sherratt, and carried on the
following roll call vote: Ayes: Five. Noes: None. Absent: None.
UNFINISHED BUSINESS:
25. Councilman Diament's suggestion the City extend the offer of free storage
facilities to the Red Cross for their Disaster supplies.
The Council requested the City Manager report on the type of supplies involved
and how much space would be needed to store them.
26. Councilman Tillman's inquiry about reinstituting the animal reports from the
Pound; President Corica's request for a report on the amount of money made by the
facility.
The City Manager stated the reports would begin again within the next month, and
would include a brief report on the fees collected,
27. Consideration of rules and procedures for Council meetings and agenda preparation.
Councilman Diament requested a report from the City Clerk's office on suggestions for
changing the agenda format.
NEW BUSINESS:
28. President Corica commented on the City Manager's report regarding personnel
transactions. He proposed establishing a moratorium on the Design Review Board and
suggested transferring the Design Review Board Associate Planner to the current
Planning Department.
INTRODUCTION OF ORDINANCES:
20. "Ordinance No. , N.S., Amending the Alameda Municipal Code h« Amending
Sections 2-321, 2-322, and 2-323 Thereof Relating to Composition of the City
Golf
Commission." Following discussion, Councilman Beckam moved consideration
OT passage
Of this ordinance be held over to the meeting to be held January 16, 1979, seconded
by Councilman Sherratt, and carried on unanimous voice vote.
30, "Ordinance No. , N.S., Amending the Alameda Municipal Code h« Amending
Section I8-3I1 Thereof Relating to Public Property and Posting Thereon." Introduced
by motion made Councilman Beckam, seconded Councilman Sherratt, and carried
on the followin roll call vote: Ayes: Five. Noes: None. Absent: None.
ORDINANCES FOR PASSAGE:
31. "Ordinance No. 1942, N.S., Authorizing the Execution of a Lease of Certain
Real Property to Harbor Tug and Barge Company, A Corporation, and Approving the
Form and Terms of Said Lease." Passed by motion made by Councilman Beckam, seconded
by -^ COWOCl|maD Sherratt, and carried on the following roll call vote: AYeS; FiYe,
Noes: None, Absent: None.
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BILLS:
32. An Itemized List of Claims, certified by the Citv Manager as correct, in the
total amount of $I95,543.84, was presented. Councilman Diament moved the bills
as itemized in the List of Claims filed with the City Clerk on October 13, 1978, and
presented to the Council at this meeting be allowed and paid; seconded by Councilman
Sherratt, and carried by unanimous voice vote.
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ORAL COMMUNICATIONS, GENERAL:
33. Mrs. Amey Stone, 1623 High Street, spoke regarding the Fernside Extension plans.
She requested information on the status of the study on Phase I of the project, to
which the City Engineer responded.
34. Mr. Lou Fore stated he had contacted the Alameda Belt Line and asked them to
participate in the discussions concerning the Clement Avenue truck route, and they had
declined.
35. Mr. William Thomas, 1518 Pearl Street, expressed his appreciation for the
action taken on Jackson Park.
36. MrS, Josephine 8iXl8r, 814 Haight Avenue, stated she disagreed with the
decision of the Council concerning the hearing on the application from Mr. Anthony.
37. Dr. Robert Brewer, 2045 Buena Vista Avenue, suggested a meeting be held with
the Traffic Advisory Committee and the City Engineer concerning the truck traffic
on Clement Avenue.
38. Mr. Joseph Sullivan, 3221 v Avenue, stated he disagreed with the decision
Of the Council concerning the hearing on the application from Mr. Anthony.
'39. Mr. Russ Sisung, 221 Santa Clara Avenue, urged stricter enforcement of the
laws by the Police Department. He also commended the persons working on the
Clement Avenue/Buena Vista Avenue truck traffic proble0.
FILING:
40' Agreement with State of California Department of Highway Patrol.
41' Agreement with Gates, McDonald & Company.
ADJOURNMENT:
42, Councilman Sherratt moved the Council retire to executive session for a discussion
of personnel (meet and confer) matters, seconded by Councilman Beckam, and carried
on unanimous voice vote. At the conclusion of discussion, it was determined no
action would be taken.
43. There being no further business to come before the meeting, the Council adjourned
at I2:I0 o'clock a.m., to assemble in regular session on Tuesday, November 7, 1978,
at 7:30 o'clock p.0.
Respectfully submitted,
�-/���
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Deputy City Clerk