1978-09-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY SEPTEMBER 5, 1978
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance
led by Councilman Sherratt; Invocation delivered by President Corica.
ROLL CALL: Present: Councilmen Beckam, Diament, Sherratt, Tillman, and President
Corica, (5). Absent: None.
MINUTES: The minutes of the regular meeting held August 15 and the special meeting
held August 29, 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.
WRITTEN COMMUNICATIONS:
1. From Mrs. Helen A. Stevens appealing decision of the Planning Board concerning
Use Permit 78-12 for a Nursery School at 201 Maitland Drive.
Councilman Sherratt moved the hearings on the Use Permit and variance be set for the
meeting to be held September 19, 1978, seconded by Councilman Tillman, and carried
on unanimous voice vote.
2. From Mr. and Mrs. Joseph I. Forsythe, 1529 Stanton Street, requesting construction
of a curb cut in front of their home.
Following a discussion of the problem with Mr. Forsythe, the Council requested the
City Attorney prepare a report on the legality of a variance from the Zoning Ordinance,
the possibility of establishing a handicapped parking space in front of the premises,
and an outline of procedure which the applicant should follow. The matter was then
held over to the meeting of September 19.
3. From Mr. and Mrs. William J. Brooks, 1308 Santa Clara Avenue, requesting a waiver
from provisions of the Subdivision Map Act for a division of the properties located
at 1308-1310 Santa Clara Avenue.
The City Clerk noted Mr. Brooks had telephoned and withdrawn his request.
4. From Ila J. Garl, 1005 Pearl Street, concerning truck traffic on Pearl Street.
The communication was referred to the Buena Vista Avenue truck route hearing to be
held October 17, 1978.
5. A petition signed by 223 residents concerning the hours of operation of the
Alpha Beta Store in the Fernside Shopping Center.
Mr. John Fenstermacher, representing the signers of the petition, addressed the Council
and voiced concerns of the residents over alleged increases in crime in the area due
to the late night hours of the store.
Mr. Ron Holley, Director of Real Estate for Northern California for Alpha Beta Stores,
presented the views of his company. He said they would be willing to discuss reducing
the store's hours.
Mr. Albert Bettelheim, 1917 Harvard Drive, MrS, Susan Bullock, 1837 Fremont Drive,
Mr, Les Cabral, 1819 Versailles, Mr. Joseph Sullivan, 3221 Liberty Avenue, and Mr.
William McDonald, 2812 Marina Drive, spoke in support of the petition.
The Council requested the City Manager to contact Store management and indicate a
desire for an earlier closing time and to report on the hours of operation of other
supermarkets and also of other businesses in the immediate area. The Council also
requested the Planning Director to submit a report on applicable Zoning Ordinance
regulations. The matter was then continued to the meeting of September 19.
O. From Harbor Bay Isle Associates, signed by Oscar Barry, Project Manager,
concerning placement of a bus shelter within the public right-of-way at the
intersection of Ironwood Drive and Mecartney Road.
Councilman Sherratt moved approval of the request, seconded by Councilman Diament and
Carried on unanimous voice vote.
7. From Ponderosa Homes, signed by D. Richard Ewin, requesting a one-year extension
of time from September 21, 1978" for completion of public improvements in Tract 3645
(Village Two of Harbor Bay Isle).
Councilman Beckam moved approval of the one-year extension, seconded by Councilman
Diament, and carried on unanimous voice VVte,
8. From Harbor Bay Isle Associates, signed by Ronald H. Cowan, Chairman, reaffirming
their commitment to develop a 3,200-unit project within the confines of Measure A.
In response to a question from Mrs. Mary Allen, 2534 Buena Vista Avenue, Mr, Oscar
Barry of Harbor Bay Isle Associates stated they had recently reminded subcontractors
working on the project of the agreement to use Doolittle Drive and Oakland routes
as access routes to the project, and requested their adherence to these conditions.
9. From Mrs. Martha Killebrew, Executive Director, Alameda Chapter of the American
National Red Cross, regarding the transfer of the Social Service Human Relations
Board secretary.
Mrs. Killebrew requested reconsideration of funding the position.
Mrs. Linda Pritchard and Mrs. Darlene Banda, both of the Social Service Human Relations
Board, spoke in favor of fully reinstating the position.
The Council requested the City Manager to prepare a new job description restoring the
salary at the previous level, to be presented at the next or following meeting for
a decision.
10. From Alameda Animal Rescue and Control, signed by Mrs. Carmen LaSa Chairman,
suggesting a follow up procedure on dog licensing revenue.
The communication was received.
11. From the City of San Leandro, signed by the Mayor, concerning the Davis
Street disposal site.
The communication was accepted.
12. From the Alameda County Commission on Aging, regarding available funds from
the Metropolitan Transportation Commission for the Elderly/Handicapped Transportation
System, Fiscal I978-1979 and Fiscal I979-1980.
Councilman Beckam moved the report on this subject be taken out of order, seconded
by Councilman Sherratt and carried on unanimous voice VOte,
REPORTS AND RECOMMENDATIONS:
~13. From the Assistant to the City Manager concerning an application to the
Metropolitan Transportation Committee for Transportation Development Act Article 4.5
Moneys for Elderly/Handicapped Transportation System.
Councilman Tillman moved adoption of the report, seconded by Councilman Diament, and
carried on unanimous voice vote.
WRITTEN COMMUNICATIONS,:
14. From Mr. Daniel F. Reidy, Attorney, representative of Alameda Management and
Confidential Employees' Association, requesting permission to address the City
Council to outline the Association's purposes and objectives.
Mr. Reidy stated the goals of the Association, the reasons for formation, and
the expectations of the members.
REPORTS AND RECOMMENDATIONS:
15. From the Mayor's Fourth of July Parade Committee submitting a report on the
1978 Parade budget and making suggestions for future events.
The Council congratulated the committee on the success of the parade and directed
the t506.91 refund be placed in a Parade Committee account to be used for the
1979 activities.
16. From the Social Service Human Relations Board, signed by the President, concerning
the position of secretary to the Board.
It was noted this subject had been taken care of under an earlier agenda item.
17. From the City Manager transmitting recommendations on CETA Title VI, Round IV,
Mr, John France, of the Alameda Unified School District; Mr. James Graham, of the
Veteran's Outreach Program; Ms. Barbara Ruffner, of the Social Service Bureau of the
Greater East Bay, Inc.; Ms. Sue Matheson of Xanthos House; Ms. Sue Foulkes, of the
U. S. O'; and Mr. Benjamin Lopes, of the United PflipiDos of Alameda, spoke in
support of complete funding of their respective projects.
Councilman Tillman moved approval of the report and its recommendations, seconded by
Councilman Beckam, and carried on unanimous voice vote.
18. From the Planning Board, signed by the Secretary, submitting a recommendation on
an amendment to Section 11-162.5(a) of Zoning Ordinance regarding the hearing of Use
Permits by the Planning Board or Zoning Administrator.
A public hearing on the matter was set for September 199 1978.
19. From the Planning Board, signed by the Secretary, submitting a recommendation on
amendments to the Zoning Ordinance by deleting Subsection (3) from Section 11-161.5(d)
and adding to Subsection (a) of Section 11-162.5 - Use Permits.
A public hearing on the matter was set for September 19, 1978.
20. From the City Manager transmitting the application of Encinal Industries, Inc.,
for a permit to dredge 8,200 cubic yards of bay mud and silt at Alaska Basin, a part
of Encinal Terminals, 1521 Buena Vista Avenue.
Councilman Beckam moved the permit be granted, seconded by Councilman Sherratt, and
carried on unanimous voice vote.
21. From the City Manager recommending award of contract to American Building
Maintenance Company, low bidder, for Janitorial Service in the City Hall and Police
Administration Building for fiscal year 1978-1979.
Councilman Beckam moved approval of the report and award of the contract as
recommended, seconded by Councilman Sherratt, and carried on unanimous voice vote.
22. From the City Manager, recommending award of contract to Honeywell, Inc., low
bidder, for Mechanical Systems Maintenance in the Police Administration Building for
fiscal year 1978-1979.
Councilman Diament moved approval of the report and award of the contract as
recommended, seconded by Councilman Tillman, and carried on unanimous voice vote.
23. From the City Manager transmitting a request of Harbor Bay Isle Associates for
a one-year extension of time from September 21, 1978, for completion of public
improvements in Tract 3645 (Village Two of Harbor Bay Isle).
Councilman Sherratt moved approval of the report and the one-year extension be
granted, seconded by Councilman Diament and carried on unanimous voice vote.
24. From the City Manager transmitting a request of Harbor Bay Isle Associates for
a one-year extension of time until May 4, 1979, for completion of public improvements
in Tract 3634 (Neighborhoods 1 and 2 of Village One of Harbor Bay Isle.)
Councilman Beckam moved approval of the report and the requested extension be
granted, seconded by Councilman Diament and carried on unanimous voice vote.
It was noted Councilman Sherratt left the Chamber at this time.
25. From the City Manager regarding the Mayor's Travel Expense.
Councilman Diament moved approval of the recommendations set out in the report,
seconded by Councilman Tillman and carried on unanimous voice vote, of the members
Present, (as amended September 19, 1978)
26. From the City Manager regarding the application for 1976 State, Urban and
Coast Bond Act Funds.
Councilman Beckam moved approval of the report, seconded by Councilman Tillman,
and carried on unanimous voice vote, of the members present. (as amended September 19,
1978)
27. From the City Manager regarding the lease with Marina Operators, Inc.
Councilman Diament moved the report be accepted and the ordinance be introduced out
of order, seconded by Councilman Beckam, and carried on unanimous voice vote, of the
members present. (as amended September 19, 1978)
INTRODUCTION OF ORDINANCES:
28. "Ordinance No. , N.S. Authorizing Execution of Lease of Certain Tide and
Submerged Lands to Marina Operators, Inc., A California Corporation."
City Attorney Stroud recommended the following amendments to the Lease Agreement:
(1) On page 2, the year "1979" and the figure "9,400" be stricken, the column
headed "1980" be changed to "1979;" (2) page 3, first paragraph, the words "except
the lease payment due January 2, 1979," be stricken and the amount of "Fourteen
Thousand Dollars ($14,000) be changed to "Seven Thousand Dollars ($7,000);
(3) page 3, second paragraph, "and such other uses" be stricken; (4) page 20,
paragraph (28), "April 17, 1978" be changed to "April 17, 1968" and in the last
paragraph, "pursuant or Ordinance" to "pursuant to Ordinance." He also recommended
that Section (5) of the proposed ordinance be stricken in its entirety.
Councilman Diament moved introduction of the ordinance, with the amendments to the
lease and the ordinance as noted by the City Attorney, after which it would be laid
over under provision of law and the Charter, seconded by Councilman Tillman and
carried on the following roll call vote: Ayes: For. Noes: None. Absent:
Councilman Sherratt. (as amended September 19 1978
UNFINISHED BUSINESS: It was noted Councilman Sherra t returned to the Chamber at this time.
29. Comment of Councilman Diament, at regular meeting of August 5, concerning
permitting employee parking on the City Hall parking lot from 4 p.m. to 8 a.m.
The City Manager was instructed to take care of the problem.
Dr. Robert Brewer, DDS, requested the two -hour parking zone along Santa Clara Avenue
between Oak and Walnut be more strictly enforced.
30. Report and survey concerning charges and permit fees for non - profit organizations.
There was a discussion on the costs incurred in processing applications for various
permits and possible methods for setting fees. It was suggested the organizations
applying for permits be fully infcrmed of the deposit requirement at the time of
application.
31. Councilman Diament noted Police Chief Young had set up a Jackson Park neighborhood
meeting.
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32. Councilman Diament commented on the handicapped facilities located within
public buildings and the responsibility for enforcement of Code provisions.
City Engineer Hanna stated if there were any complaints concerning interior design of
buildings relating to access by the handicapped, these should be set out in
written form to him for research. Planning Director Patterson noted the Design
Review Board reviewed exterior plans to ensure provisions for access by the
handicapped.
RESOLUTIONS:
33. "Resolution No. 8971, Approving the plicatioD for 1970 State Grant Moneys
(Washington Park Phase IV Development Project.)" Adopted by motion made by
Councilman Beckam, seconded by Councilman Diament, and carried on the following roll
Call vote: Ayes: Four. Noes: None. Absent: Councilman Sherratt. (as amended
September 19, 1978)
34. "Resolution No. 8972, Authorizing Acceptance of Proposal of Elliott B. Ball
Associates for Appraisal of Property." Adopted by motion made by Councilman Beckam,
seconded by Sherratt, and carried on the following roll call vote:
Ayes: Three. Noes: Councilman Diament and President [0riCa, (2). Absent: None.
35, "Resolution No. 8973, Amending City of Alameda Guidelines for the Implementation
of the California Environmental Quality Act of 1970.x 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.
36. "Resolution No. 8974, Authorizing Execution of Agreement with Providence
Veterinary Hospital for Emergency Treatment of Injured or Sick Animals Whose
Owners Are Unknown (normal working hours)." Adopted by motion made by Councilman
Beckam, seconded by Councilman Sherratt, and carried on the following roll call
vote: Ayes: F1V2, Noes: None. Absent: None.
37. "Resolution No. 8975, Authorizing Execution of Agreement with Providence
Veterinary Hospital for Emergency Treatment of Injured or Sick Animals Whose Owners
Are Unknown (After Normal Working Hours, Weekends and Holidays)." Adopted by
motion made by Councilman Beckam, seconded by Councilman Tillman, and carried on
the following roll call vote: Ayes: Five. Noes: None. Absent: None.
38. "Resolution No. 8976, Adopting Specifications, Special Provisions and Plans for
Repair and Resurfacing of Park Street from Otis Drive to Shore Line Drive, Calling
for Bids and Directing City Clerk to Advertise Same." 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.
39. "Resolution No. 8977, Declaring Intention to Prohibit, By Ordinance, the Use
Of Park Street for Its Entire Length, and the Use of Tilden Way for Its Entire
Length by Any Vehicle Exceeding Maximum Gross Weight of Three Tons; Setting Date
of Hearing thereon by City Council, and Directing Publication of Notice of Said Hearing, Pursuant to Article 4, Chapter 5, Division 15, Vehicle Code of California."
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.
40. "Resolution No. 8978, Declaring Intention to Prohibit, ' rdindnCg, the Use of
California Highway Route 260 and a Portion of California Highway Route 61 in the
City of Alameda by Any Vehicle Exceeding Maximum Gross Weight of Three Tons;
Setting Date of Hearing Thereon by City Council, and Directing Publication of
Notice of Said Hearing, Pursuant to Article 4, Chapter 5, Divison 15, Vehicle Code
Of California." Adopted by motion made by Councilman Sherratt, seconded by
Councilman Diament, and carried on the following roll ca]] vote: Ayes: Five.
Noes: None. Absent: None.
41, "Resolution No. 8979, Authorizing Execution of Contract With Alameda County
and Employment Board." Adopted by motion made by Councilman Diament,
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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:
42. "Ordinance No. I935, N.S., Amending Certain Portions of the Alameda Municipal
Code Relating to Traffic Regulations. Councilman Beckam moved introduction and
passage of the ordinance, seconded by Councilman Diament, and carried on the following
roll call vote: Ayes: Five. Noes: None. Absent: None.
43. "Ordinance No. , N.S., Amending Ordinance N0, 642 N. S. (Civil Service
Ordinance) By Amending Subsection (a) of Section 14 Thereof Relating to Leaves of
Absence from Civil Service Positions." Councilman Beckam moved introduction of the
ordinance, after which it would be laid over under provision of law and the Charter,
seconded by Councilman Diament, and carried on the following roll call vote:
Ayes: Five. Noes: None. Absent: None.
44. "Ordinance No. , N.S., Amending the Alameda Municipal Code by Amending
Sections 17-I37 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 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.
45. "Ordinance No. , N. S., Amending the Alameda Municipal Code by Adding
Section 15-6I5 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, seconded by President COriCa, The
motion failed to carry on the following roll call vote: Ayes: Two. Noes:
Councilmen Beckam, Sherratt, and Tillman, (3). Absent: None.
The City Manager was instructed to place this item on the agenda of September 19.
BILLS:
46. An itemized List of Claims, certified by the City Manager as cOrreCt, in the total
amount of $175,865.00, was presented. Councilman Diament moved the bills as itemized
in the List of Claims filed with the City Clerk on September 1, I978, and presented
to the Council at this meeting be allowed and paid; seconded by Councilman Beckam,
and carried by unanimous voice vote.
ORAL COMMUNICATIONS:
47. Ms. Jeanette Bennett, representing the Parents-Teachers Associations of
Woodstock and Miller Elementary Schools, spoke concerning the elimination of Crossing
Guards at certain corners in the areas of these 3chools.
Councilman Sherratt requested a report from the Police Department on the Crossing
Guard sites selected and the rationale for selection, for the meeting of
September 19.
48. Mra, Josephine Bixler commented on the construction of certain wheelchair ramps
(curb cuts).
49. Mr. Russ Sisung, 221 Santa Clara Avenue, offered his services in connection with
the software required concerning use of the Bureau of Electricity computer.
FILING:
50. Proposal of Elliott B. Ball Associates - re appraisal of property.
51, Agreements with Providence Veterinary Huspitol,
52. Specifications PW 9-78-11 - Repair and Resurfacing of Park Street from Otis Drive
to Shore Line DriVe,
53, Contract with ACTEB - re CETA Title VI, Round IV.
ADJOURNMENT:
54. There being no further business to come before the meeting, the Council
adjourned at 12:05 o'clock a.m. to meet in regular session Tuesday, September 19,
1978, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk
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