1978-07-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY JULY 18, 1978
Convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of
Allegiance led by Councilman Tillman; Invocation delivered by Margaret Cavanaugh,
Member of the Baha'i Faith.
ROLL CALL: Present: Councilmen Beckam, Diament, Sherratt, Tillman, and President
Corica, (5). Absent: None.
MINUTES: The minutes of the special meetings held June 26, June 30, July 6, and the
adjourned regular meetings held June 26, June 27, and July 6 were approved as submitted;
Councilman Beckam abstained from voting on the minutes of June 30 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:
1. Continued from the meeting of July 6, from Mobil Oil Corporation appealing decision
of the Planning Board concerning a Use Permit granted by the Board. Hearing date was
set for regular meeting to be held August 1, 1978.
2. From Safeway Stores, Incorporated, signed by Manager, Design Department, concerning
Alameda Sign Ordinance. Communication received. Councilman Tillman requested a report
on the size of signs now in use.
3. From Mrs. Mary Carr Scales, 97 Vernon Street, #3, Oakland, regarding the proposed
purchase of land for low cost housing. Communication received.
4. From Shaw & Lunt, signed by John Barni, Jr., President, regarding land acquisition
for low and moderate housing. Communication was received and referred to file on HCDA
for future discussion.
HEARINGS:
5. In the Matter of an Appeal filed by Mr. and Mrs. Ted Brown, 2103 Buena Vista Avenue,
from decision of the Planning Board denying a variance to allow a 6-foot fence in the
front yard and an 8-foot fence on rear and side property lines.
President Corica outlined the hearing procedure.
On a call for proponents, Mr. Brown spoke about the excessive traffic on Buena Vista and
his concerns for the safety of his property.
Mrs. Inez Kapellas, 1128 College Avenue, and Mrs. Brown also spoke in favor of over-
turning the Planning Board decision.
On a call for opponents, Mr. Robert Brewer said he felt the fence would be aesthetically
incompatible with the neighborhood and the Browns' house. He also commented on traffic
problems in the area.
The President declared the hearing closed.
Councilman Tillman moved the Council authorize refund of the $50 appeal filing fee,
seconded by Councilman Beckam, and carried on unanimous roll call vote.
Councilman Sherratt moved denial of the appeal and approval of construction of
an 8-foot fence along the rear and side of the house, seconded by Councilman
Diament, and carried on the following roll call vote: Ayes: Four. Noes:
Councilman Beckam, (1). Absent: None.
At this time, Councilman Sherratt asked the City Engineer to provide a report concerning
the feasibility of using Clement Street as an alternative truck route to Buena Vista
Avenue.
REPORTS AND RECOMMENDATIONS:
6. From the Planning Board signed by the Secretary, concerning an Environmental Impact
Review for the proposed Patton Way.
Councilman Beckam moved concurrence with the Planning Board decision to require
preparation of an Environmental Impact Report, and, on the suggestion of Councilman
Sherratt, that CalTrans be the agency designated to prepare the report, seconded by
Councilman Sherratt.
On the question, there was a lengthy discussion of the advisability of having an EIR
performed and the information to be included.
On a call for the question, the motion carried on unanimous roll call vote.
7. From the Deputy City Attorney regarding amendments to the Real Property Transfer
Tax. The report was accepted.
INTRODUCTION OF ORDINANCES:
8. "Ordinance No.
New Series
Amending the Alameda Municipal Code by Amending Section
3-1112 of Article 1, Chapter 11, Title III Thereof,
Relating to the Rate of City's Real Property Conveyance
Tax."
Councilman Sherratt moved introduction of the ordinance, with the amendments B and C
suggested by the Deputy City Attorney in his report, after which it would be laid
over under provisions of law and the Charter. The motion was seconded by Councilman
Tillman.
On the question, the following persons spoke in opposition to the Real Property
Conveyance Tax: Mr. John Dunn, 1223 Park Street, and Mrs. Inez Kapellas, 1128 College
Avenue.
The following persons spoke in favor of the Tax: Mr. Joseph Sullivan, 3221 Liberty
Avenue; Mr, Robert Hudkins, 3319 Central Avenue; and Mr. Roy Edwards, 1040 Auburn
Drive.
On a call for the question, the motion carried on the following roll call vote:
Ayes: Three. Noes: Councilman Diament and President Corica, (2). Absent: None.
REPORTS AND RECOMMENDATIONS:
9. From the Library Board, signed by the President and Vice President, requesting
permission to address the Council regarding library funding.
Mr. Robert Hudkins, Mr. Ronald Curtis, Dr. Nyland Vedros, and Ms. Dorothy Larzelere,
members of the Board, presented their views for the use of funds from the Real Property
Conveyance Tax to support library operations.
10. At this time, Councilman Tillman asked the City Manager to investigate the
possibility of renegotiating the contract with the Alameda City Disposal Company.
He also suggested that any savings realized by the Bureau of Electricity be transferred
to the City in the annual dividend.
11. Councilman Tillman moved reconsideration of the Real Property Conveyance Tax
ordinance previously introduced, seconded by Councilman Diament and carried on
unanimous voice vote.
INTRODUCTION OF ORDINANCES:
12. "Ordinances No.
New Series
Amending the Alameda Municipal Code by Amending Section
3-1112 of Article 1, Chapter 11, Title III Thereof,
Relating to the Rate of City's Real Property Conveyance
Tax.
Councilman Tillman moved introduction of the above ordinance, after which it would be
laid over under provision of law and the Charter, seconded by Councilman Diament. The
motion failed to carry on the following roll call vote: Ayes: Councilmen Beckam and
Sherratt, (2). Noes: Councilmen Diament, Tillman, and President Corica, (3).
Absent: None.
Mrs. Gertrude Woods, speaking as Chairman of the Recreation Commission, urged use of
the Real Property Conveyance Tax funds to support recreation projects.
Mrs. Alice White, 1528 Pacific Avenue, asked that consideration be given to using the
funds to support the Crossing Guard program.
REPORTS AND RECOMMENDATIONS:
13. From the City Manager, recommending approval of the Final Map for Tract No. 3773,
being the school sites and Harbor Bay Isle Recreation Center north of Bridgeway.
Councilman Beckam moved acceptance of the report, seconded by Councilman Tillman,
and carried on unanimous voice vote.
14. From the City Manager concerning 1978-79 Mayors' Formula County Gas Tax Program.
Councilman Beckam moved acceptance of the report, seconded by Councilman Sherratt,
and carried on unanimous voice vote.
15. From the City Manager recommending abandonment of an electrical easement within
Parcel 2 of Parcel Map 1613 (South Shore Shopping Center).
Councilman Beckam moved acceptance of the report, seconded by Councilman Tillman, and
carried or unanimous voice vote.
16. From the City Manager recommending transfer of funds to the Police Secret Fund.
Councilman Diament moved acceptance of the report, seconded by Councilman Beckam, and
carried on unanimous voice vote.
17. From the City Manager recommending contract with Earth Metrics for preparation of
an Environmental Impact Report for Alameda Marina Village.
Councilman Tillman moved acceptance of the report, seconded by Councilman Sherratt,
and carried on unanimous voice vote.
18. From the Auditor-Assessor concerning the County of Alameda's refusal to bill and
collect unsecured taxes for 1978-79.
Following a verbal report from the Auditor-Assessor, Councilman Sherratt moved
acceptance of the report and the City Attorney be authorized to write to the
County requesting collection of taxes as recommended, seconded by Councilman Beckam,
and carried on unanimous voice vote.
UNFINISHED BUSINESS:
19. Consideration of appointment to following Boards and Commissions:
City Planning Board: President Corica placed in nomination the name of Joan E. Narahara,
seconded by Councilman Tillman, and carried on unanimous roll call vote.
President Corica placed in nomination the name of Robert M. Wood, seconded by Councilman
Diament. The motion failed to carry on the following roll call vote: Ayes: Councilman
Diament and President Corica, (2). Noes: Councilman Tillman, (1). Abstaining:
Councilmen Beckam and Sherratt, (2). Absent: None.
Civil Service Board: President Corica placed in nomination the name of Robert W. Yandell,
seconded by Councilman Tillman and carried on unanimous roll call vote.
Design Review Board: President Corica placed in nomination the name of Russell A.
Sisung, seconded by Councilman Diament, and carried on the following roll call vote:
Ayes: Councilmen Diament, Sherratt, and President Corica, (3). Noes: Councilman
Tillman, (1). Abstaining: Councilman Beckam, (1). Absent: None.
Library Board: President Corica placed in nomination the name of Margery E. Fredericks,
seconded by Councilman Tillman and carried on unanimous roll call vote.
Public Utilities Board: President Corica placed in nomination the name of Hadi Monsef,
seconded by Councilman Diament, and carried on unanimous roll call vote.
Social Service Human Relations Board: President Corica placed in nomination, for the term
ending June 30, 1980, the name of George Skells, seconded by Councilman Beckam, and
carried on unanimous roll call vote.
President Corica placed in nomination the name of Dolly Ci Wai Fong, seconded by
Councilman Tillman and carried on unanimous roll call vote.
20. Councilman Diament's request for consideration of a 10% cut in salary for
management positions earning $30,000 or more per year, as an amendment to the budget.
Councilman Diament moved that those management employees who made $30,000 and over and
were not represented by an Association take a 10% cut in salary. President Corica
stepped down from the chair to second the motion.
On the question, there was a discussion on the possible effect this action might have
on pension benefits. Councilman Beckam suggested a graduated percentage cut in
salaries throughout the structure might be more beneficial, in conjunction with a
reorganization of the structure itself.
On a call for the question, the motion failed to carry on the following roll call vote:
Ayes: Councilman Diament and President Corica, (2). Noes: Councilmen Beckam, Sherratt,
and Tillman, (3). Absent: None.
Councilman Tillman moved that those management employees who made $30,000 and over and
were not represented by an Association take a 6% cut in salary. The motion was
seconded by Councilman Diament, and carried on unanimous roll call vote.
City Manager Goss requested concurrence from the Council regarding his recommendation
to fill certain positions should they become vacant during the fiscal year. Consideration
of this recommendation was held over to the next meeting.
21. President Corica's comment on current HCDA application and HUD requirements and
suggested withdrawal.
President Corica suggested a meeting with HUD staff to discuss the application more
fully. City Manager Goss reported public hearings would be held to discuss reprogramming
funds to the Parrot Street project. President Corica requested the City Manager to
provide any reports available on the matter.
22. Councilman Beckam's request for Council review of their policy to agendize items
brought up under New Business for consideration at the next meeting under Unfinished
Business.
It was the consensus of the Council that the policy be reaffirmed.
23. Discussion of Charter Amendments.
President Corica suggested Section 2-2 be amended to provide that the City Manager, City
Attorney, and City Clerk be appointed or removed by a majority vote. Councilman
Tillman moved the amendment be drafted to this effect, seconded by Councilman Diament.
Councilman Beckam suggested the amendment provide that no appointment or removal
could be made within 90 days of filling a vacancy on the Council. He referred to
a similar section of the San Leandro City Charter as a guideline. Councilmen
Tillman and Diament agreed to the amendment. The motion, as amended, carried on
the following roll call vote: Ayes: Councilmen Diament, Tillman, and President
Corica, (3). Noes: Councilmen Sherratt and Beckam, (2). Absent: None.
Councilman Tillman recommended the Charter be amended to provide for election of
Council members by districts. He suggested a seven-member Council, 5 to be elected
by district, 1 to be elected at large, and an elected Mayor. Further consideration
of this proposal was held over to the next regular meeting.
It was noted Councilman Sherratt left the meeting at this time.
Councilman Diament suggested that the draft of her previously proposed Charter amendment
provide for an elected Finance Director. Auditor-Assessor Martin recommended the
sections of the Charter relating to finance and taxation conform to General Law; however,
he pointed out that General Law provisions prohibited the election of a Finance Director
who performed the duties of both tax collecting and assessing.
24. City Attorney Stroud requested the Council act on recommended changes in the
agreement with the County for collection of the Real Property Conveyance Tax. Councilman
Beckam moved approval of the amendments to the agreement, seconded by Councilman
Diament, and carried on unanimous voice vote of the members present.
NEW BUSINESS:
25. Councilman Tillman suggested preparation of the budget for fiscal year 1979-80
indicate actual compensatior paid employees, including fringe benefits.
26. Councilman Tillman suggested management employees of the Bureau of Electricity who
made $30,000 and over also take a 6% cut in salary. President Corica suggested the
Council take a 6% cut in compensation.
RESOLUTIONS:
27. 'Resolution No. 8942, Approving Final Map of Subdivision Known as Tract 3773,
Authorizing Execution of Agreement for Construction of Public Improvements Therein,
Approving Bond as to Sufficiency, and Accepting Certain Public Streets and Easements
(Harbor Bay Isle Associates, Subdivider)." 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.
28. "Resolution No. 8943, Approving Map Showing Location of Proposed City Street
Construction Work to be Performed with 1978-79 Fiscal Year Moneys Payable by County of
Alameda Under 'Mayors Formula,' and Derived from State Highway Users Tax Fund." Adopted
by motion made by Councilman Beckam, seconded by Councilman Diament, and carried on
the following roll call vote: Ayes: Five. Noes: None. Absent: None.
29. "Resolution No. 8944, Ordering Vacation of Portion of Electrical Easement Within
Parcel 2 of Parcel Map 1613." Adopted by motion made by Councilman Beckam, seconded
by Councilman Diament, and carried on the following roll call vote: Ayes: Five.
Noes: None. Absent: None.
30. "Resolution No. 8945, Authorizing Execution of Agreement for Professional Services
with Earth Metrics, Incorporated, for the Preparation of an Environmental Impact Report
for Alameda Marina Village Project." Adopted by motion made by Councilman Sherratt,
seconded by Councilman Diament, and carried on the following roll call vote: Ayes:
Five. Noes: None. Absent: None.
31. "Resolution No. 8946, Authorizing Execution of Agreement with Alameda Marina
Village Associates for Construction of Improvements Within Bethlehem Avenue and Tynan
Avenue, Approving Bond and Terminating and Cancelling Original Agreement and Bond."
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, (1).
32. "Resolution No. 8947, In Commendation of Captain Robert R. Worchesek for His
Contributions to the Community." Adopted by motion made by Councilman Diament, seconded
by Councilman Beckam, and carried on the following roll call vote: Ayes: Four.
Noes: None. Absent: Councilman Sherratt, (1).
The President declared the foregoing Resolutions adopted.
BILLS:
33. An itemized List of Claims, certified by the City Manager as correct, in the total
amount of $98,316.05, was presented. Councilman Diament moved the bills as itemized in
the List of Claims filed with the City Clerk on July 14, 1978, and presented to the
Council at this meeting be allowed and paid; seconded by Councilman Beckam, and carried
by unanimous voice vote.
ORAL COMMUNICATIONS:
34. Jacqueline S. Jackson, 229 Santa Clara Avenue, said she felt the employee layoff
policy recently adopted by the Council was inequitable.
35. Mrs. Amey Stone, 1623 High Street, asked that the Council write to the State urging
a decision be made on the possible purchase of land near Washington Park. President
Corica said he would contact the appropriate agency.
FILING:
36. Agreement with Harbor Bay Isle Associates re Tract 3773.
37. Agreement with Alameda Marina Village Associates re Improvements to Bethlehem Avenue
and Tynan Avenue.
38. Affidavit of Chief of Police and City Manager re Police Secret Fund Expenditures,
January 1, 1978, to June 30, 1978.
39. Agreement with Earth Metrics, Incorporated, re Environmental Impact Report for
Alameda Marina Village Project.
ADJOURNMENT:
40. Councilman Diament moved the Council retire to executive session for a discussion
of litigation matters, seconded by Councilman Tillman and carried on unanimous voice
vote of the members present. At the conclusion of discussion, it was determined no
action would be taken at this time.
41. There being no further business to come before the meeting, the Council
adjourned at 12:40 o'clock a.m. to meet in regular session on August 1, 1978,
at 7:30 o'clock p.m.
Respectfully submitted,
J
Deputy City Clerk