1978-09-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY SEPTEMBER 19, 1978
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance
led by Councilman Tillman; Invocation delivered by Reverend Donald Crees, Pastor
of the Church of the Nazarene.
ROLL CALL: Present: Councilman Beckam, Diament, Sherratt, Tillman, and President
Corica, (5). Absent: None.
MINUTES: Councilman Sherratt requested the minutes of the regular meeting held
September 5, 1978, be corrected as follows: The vote on items 25, 26, 27, 28, and 33
to reflect Councilman Sherratt had left the Chamber during discussion and did not vote.
on these items. Item 28 should also be amended to note Councilman Tillman, not
Councilman Sherratt, had seconded the motion. The minutes were then approved as
corrected.
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 presented a Certificate to Vice-Mayor Diament in recognition of her
over ten years of service to the City, both as a Commissioner on the Housing
Authority and as a member of the City Council.
WRITTEN COMMUNICATIONS:
A.. From Mrs. Stephen R. Campbell, 2101 Vernalis Circle, concerning the placement
of a Crossing Guard at the intersection of Atlantic Avenue and Third Street.
The communication was referred to discussion of the next item,
/ 2. From Parent Representatives of the vicinity of Broadway and Buena Vista Avenue,
requesting placement of Crossing Guards.
Following a discussion of methods of funding the program, Councilman Sherratt moved
a Guard be placed at the intersection of Broadway and Buena Vista and Guards be
continued at Atlantic Avenue locations, pending a review of all Crossing Guard
locations by the Traffic Advisory Committee and Council, and the Traffic Advisory
Committee be requested to consider placing stop signs at Broadway and Buena Vista.
The motion was seconded by Councilman Diament and carried on unanimous voice vote.
Mrs. Mary Allen, 2534 Buena Vista Avenue, spoke in support of the Council's decision.
Mr. Robert Brewer, 2045 Buena Vista Avenue, commented on concerns with traffic
problems in the area.
3. From Mrs. Ruth Filipelli, 893 Union Street, submitting a petition signed by
199 persons protesting construction of fencing at Union Street and Clinton Avenue.
Ms. Catherine Douat, 2138 Clinton Avenue, and Ms. Jennifer Haskins, 893 Union Street,
represented signers of the petition opposing erection of the fence. Ms. Leora Feeney
representing Save Our Shoreline, also spoke opposing the fenceand opposed the process
the Council used to decide to raise the fence. (as amended October 3, 1978)
The Council requested a report from staff for the meeting to be held October 3,
concerning access rights of residents, ownership of the land in question,
methods of handling the problem other than construction of a fence, and other
general questions about the situation.
Mr. Preston Short, 1731 Clinton Avenue, also spoke in opposition and requested
information regarding the City's maintenance of the lagoons.
4. From Mrs. Amey Stone, 1623 High Street, requesting permission to address the
City Council regarding the proposed development at 716 Central Avenue.
Mrs. Stone requested the Council consider the possibility of acquiring the land for
City park use, ordering an appraisal, and inquiring of the East Bay Regional Park
District if they would consider maintenance. She suggested Dwelling Unit Tax
funds collected from the Marina Village project be used in this connection.
Councilman Sherratt suggested Mrs. Stone's comments be considered in conjunction
with the appeal to the decision of the Planning Board filed by the developer.
Councilman Beckam requested an in-house appraisal of the property and preparation
of a report on the possibility of maintenance by EBRPD and possible cost sharing of
acquisition and land improvement; the report to be agendized in conjunction with
the public hearing date on the developer's appeal. The Council requested a
detailed map of the area be posted at that meeting.
5. From Mr. John Bisauta, 1829 Clement Avenue, concerning truck parking in area.
Councilman Beckam suggested the matter be referred to the Transportation Engineer
for investigation.
6. From Harbor Bay Isle Associates, signed by Oscar Barry, Project Manager,
appealing decision of the Planning Board, pursuant to Section 1516(d) of the City
of Alameda EIR Guidelines, that an Environmental Impact Report was needed instead of
a Negative Declaration for Harbor Bay Isle's requested noise easement residential
compatibility amendment to the City's Noise Element.
The Council heard from Mr. Barry and Mr. James B. Davis, Attorney for Harbor Bay
Isle Associates, who described the Village V project and offered to withdraw the
appeal and conditionally dedicate a 6.7-acre shoreline park site within Village V
to the City without charge.
Mrs. Rosalie McPherson, a member of the Planning Board, reported on the action taken
by the Board.
Following discussion and questions answered by Mr. Davis and City Attorney Stroud,
Councilman Beckam moved (1) to request staff and the Planning Board to process as
quickly as practicable Village V applications on a concurrent basis; (2) to immediately
start processing the EIR for proposed Noise Element easement amendment, subject to
confirmation at next City Council meeting; (3) to support the Planning Board's
adoption of a Negative Declaration for the proposed rezoning application for Village V
and recommend that no further EIR's be required for Village V, absent significant
changes in the description of Village V, as submitted to the Planning Board on
August 31, 1978; and (4) this motion does not in any way indicate a position on
the merits of rezoning, planned developments, or subdivision maps. The motion was
seconded by Councilman Sherratt, and carried on unanimous voice vote.
The City Attorney was directed to contact the consultant and prepare the consultant
contract regarding processing the EIR on the Noise Element easement amendment,
for confirmation at the meeting of October 3.
HEARINGS:
7. In the Matter of the Proposal to modify Subsection (3) of Section 11-161.5(d)
of Zoning Ordinance No. 1277, New Series, relating to parking requirements, and
add to Subsection (a) of Section 11-162.5 - Use Permits, Approval by Zoning
Administrator.
President Corica stated procedure to be followed during the hearing.
Planning Director Patterson outlined the change which had been proposed by the
City Attorney.
On a call for proponents or opponents, there was no response, and the President
declared the hearing closed.
Councilman Sherratt moved approval of the modification of Subsection (3) of Section
11-161.5(d) as recommended, and an ordinance to that effect be prepared for
introduction at the next meeting, seconded by Councilman Tillman and carried on
unanimous voice vote.
8. In the Matter of the Proposal to amend Section 11-162.5(a) of Zoning Ordinance
No. 1277, New Series, regarding hearing of Use Permits by Planning Board or Zoning
Administrator.
Planning Director Patterson outlined the change proposed by the Planning Board which
would transfer to the Board many of the duties presently performed by the Zoning
Administrator. On a call for proponents or opponents, there was no response, and
the President declared the hearing closed.
Councilman Sherratt moved the ordinance not be amended, seconded by Councilman
Tillman, and carried by unanimous voice vote.
9. In the Matter of Appeal from decision of Planning Board concerning Use Permit
78-12 and Variance for a Nursery School at 201 Maitland Drive,
President Corica noted the appeal had been withdrawn by the applicant.
REPORTS AND RECOMMENDATIONS:
10. From the Auditor-Assessor recommending a refund of personal property taxes
erroneously levied and collected.
Councilman Sherratt moved acceptance of the report, seconded by Councilman Diament,
and carried on unanimous voice vote.
11. From the City Manager regarding the proposed Tidelands Lease revision for
Ballena Bay.
Councilman Diament moved acceptance of the report, seconded by Councilman Tillman,
and carried on the following voice vote: Ayes: Four. Noes: None. Abstaining:
Councilman Sherratt, (1). Absent: None.
12. From the Assistant City Manager concerning Lease proposals for tidelands
property at the foot of Grand Street.
Councilman Beckam moved acceptance of the report and approval of the recommendation
to accept the proposal of Harbor Tug and Barge Company, seconded by Councilman
Sherratt, and carried on unanimous voice vote.
13. From the City Manager concerning Alpha Beta hours of operation.
It was noted that Councilman Beckam left the Chamber at this time.
Mr. Robert Nicholson, President of the Alameda Chamber of Commerce, stated their
support of the position of the Alpha Beta store management. He suggested
residents might consider a "Good Neighbor" program, in conjunction with the Police
Department.
Mr. Ron Holley, Alpha Beta Northern California Director of Real Estate, stated his
company saw no correlation between the store's extended hours and the alleged rise
in the crime rate, and would therefore not reduce their hours unless more substantial
reasons were established. He presented a petition containing 1100 signatures
supporting the extended hours.
Following brief discussion, Councilman Diament moved acceptance of the report,
seconded by Councilman Tillman, and carried on unanimous voice vote of the members
present.
Mr. Gerhard Degemann, Chairman of the Design Review Board, stated his objections to
allowing large markets to remain open for extended hours.
It was noted Councilman Beckam returned to the Council Chamber at this time.
14. From the City Manager regarding the City's refuse disposal contract and rates.
Mr. Theodore Craig, Attorney for Alameda City Disposal, read a letter addressed to
the City Manager wherein the company conditionally offered to assist with
financing, not to exceed $500,000, the construction of a perimeter seal around the
City dump.
Councilman Sherratt moved acceptance of the report and approval of the
recommendations, seconded by Councilman Beckam, and carried on unanimous voice vote.
Councilman Tillman requested the Alameda City Disposal Company to furnish the Council
with a report, in six months time, indicating the number of Senior Citizens
receiving the 10% reduction in garbage rates.
15. From the City Manager proposing submittal of an application for CETA Title I
funds.
Councilman Sherratt moved acceptance of the report and the application be submitted,
seconded by Councilman Diament, and carried on unanimous voice vote.
16. From the City Manager recommending approval of the Final Map for Tract No. 3963,
(Northwest corne r of Bay Street and Buena Vista Avenue.)
The Clerk reported the bond had been approved by the City Attorney and was on file.
Councilman Diament moved acceptance of the report, seconded by Councilman Tillman,
and carried on unanimous voice vote.
17. From the City Manager concerning appointments to the Energy Conservation
Committee.
Councilman Diament moved acceptance of the report, seconded by Councilman Beckam,
and carried on unanimous voice vote.
Councilman Sherratt moved discussion of Council appointments to the Committee be
placed on the agenda of the next regular meeting, October 3, and nominations be
limited to two members of the community; seconded by Councilman Beckam, and
carried on unanimous voice vote.
18. From the City Attorney, concerning the request of Mr. and Mrs. Joseph I,
Forsythe for construction of a curb cut in front of their home at 1529 Stanton Street.
Councilman Beckam moved acceptance of the report, seconded by Councilman Sherratt,
and carried on unanimous voice vote.
It was the consensus of the Council that staff inform Mr. Forsythe of the action
taken, the procedure for filing a variance application, and the State guidelines
for installation of handicapped curbs in residential neighborhoods.
UNFINISHED BUSINESS:
19. Councilman Tillman asked that the report on the status of the Social Service
Human Relations Board secretary be placed on the next agenda.
20. Councilman Beckam questioned whether the Housing Authority had acted on the
Council recommendation to cut salaries of Authority personnel earning in excess
of $30,000 annually by 6%. Commissioner Godfrey stated this topic would he
taken up at the next meeting of the Housing Authority.
NEW BUSINESS:
21. President Corica commented on the September 5 Council action adopting Resolutions
Nos. 8977 and 8978 concerning use of Park Street, Tilden Way, State Highway Route 260
and a portion of State Highway Route 61, by vehicles exceeding maximum gross weight
of three tons, and setting hearing dates for November 7.
22. Councilman Diament suggested there be an investigation into the possibility of
contracting services as suggested by the Institute for Local Self Government in an
article in the September issue of "Western City" magazine.
23. Councilman Diament requested consideration of an 11:00 o'clock p.m. deadline for
Council meetings, with unresolved agenda items carried over to an adjourned regular
meeting; also, that at least one member of the Council participate in agenda sessions.
24. Councilman Tillman commented on a recent San Francisco Chronicle editorial
on HR I1986 (Glenn Anderson \ concerning aircraft noise.
RESOLUTIONS:
25. "Resolution No. 8980, Ordering Refund of Personal Property Taxes Erroneously
Levied and Collected." Adopted by motion made by Councilman Diament, seconded by
Councilman Beckam, and carried on the following roll call vote: Ayes: Five,
Noes: None. Absent: None.
26. "Resolution No. 8981, Authorizing the Execution of a Refuse Disposal Agreement
with Alameda City Disposal for the Collection and Removal of Refuse and Garbage."
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.
27. "Resolution No. 8982, Approving Final Map of Subdivision Known as Tract 3963,
Authorizing Execution of Agreement for Construction of Public Improvements Therein,
and Approving Bonds as to Sufficiency (Paul Lum and Arlene Lum, Subdividers)."
Adopted by motion made by Councilman Beckam, seconded by Councilman Sherratt, and
carried on the following roll call vote: Ayes: F1ve, Noes: None. Absent: None.
The President declared the foregoing Resolutions adopted.
INTRODUCTION OF ORDINANCES:
28. "Ordinance No. New Series, Amending the Alameda Municipal Code by Adding
Section 15-616 to Article 1, Chapter 6 of Title XV Thereof, Limiting Use of City
Dump Site to Alameda Residents and Establishing Fine for Violation." Councilman
Diament moved introduction and passage of the ordinance. The motion failed for
lack of a second.
29. "Ordinance No. New Series, /mending the Alameda Municipal Code by Amending
Section 15-6210 Thereof elating to Rates for Collection of Garbage and Refuse."
Councilman Beckam moved introduction of the ordinance, after which it would be laid
over under provision of law and the Charter, seconded by Councilman Sherratt, and
carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None.
ORDINANCES FOR PASSAGE:
30, "Ordinance No. 1936, New Series, Authorizing Execution of Lease of Certain Tide
and Submerged Lands to Marina Operators, Inc., A California Corporation."
Councilman Diament moved passage of the ordinance, seconded by Councilman Beckam, and
carried on the following roll call vote: Ayes: Four. Noes: NOne, Abstaining:
Councilman Sherratt, (1). Absent: None.
31. "Ordinance No. 1937, New Series, Amending Ordinance No. 642, N.S. (Civil
Service Ordinance) By Amending Subsection (a) of Section 14 Thereof Relating to
Leaves of Absence from Civil Service Positions." Councilman Sherratt moved passage
Of the ordinance, seconded by Councilman Diament, and carried on the following roll
call vote: Ayes: Five. Noes: None. Absent: None.
32. "Ordinance No. 1938, New Series, Amending the Alameda Municipal Code by Amending
Sections 17-137 of Article 3, Chapter 1, Title XVII, Authorizing Members of the
Fire Prevention Bureau to Issue Citations and Enforce Provisions of the Alameda
Municipal Code and the California Vehicle Code Wherein Fire Hydrants Are Involved."
Councilman Beckam moved passage of the ordinance, seconded by Councilman Sherratt,
and carried on the following roll call vote: Ayes: Five. Noes: None. Absent:
None.
BILLS:
33. An itemized List of Claims, certified by the City Manager as correct, in the total
amount of $164,212.89, was presented. Councilman Diament moved the bills as itemized
in the List of Claims filed with the City Clerk on September 14, 1978, and presented
to the Council at this meeting be allowed and paid; seconded by Councilman Sherratt,
and carried by unanimous voice vote.
FILING:
34. Agreement with Paul Lum and Arlene Lum - re Tract 3963.
ADJOURNMENT:
35. Councilman Diament moved the Council retire to executive session for a discussion
of litigation matters, seconded by Councilman Sherratt, and carried on unanimous voice
vote. At the conclusion of discussion, it was determined no action would be taken
at this time.
36. There being no further business to come before the meeting, the Council adjourned
at 11:40 o'clock p.m., to meet in regular session Tuesday, October 3, 1978, at
7:30 o'clock p.m.
Respectfully submitted,
City Clerk