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1978-05-02 Regular CC Minutes219 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - AY 2, 1978 The meeting convened at 7:30 o'clock p.m. with President Corica presiding. Pledge of Allegiance was led by Vice Mayor Diament and was followed by an Invocation delivered by the Reverend Don Taylor, Pastor of the Central Baptist Church. ROLL CALL: The The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman, and President Corica were noted present. Absent; None. MINUTES: 1. Councilman Sherratt requested the minutes of the meeting of April 18, 1978, be amended as follows: Page 2, Unfinished Business, Item 10, addition at end of paragraph, "Councilman Sherratt asked the Mayor if there was going to be a hearing on the issue and received no response"; Page 7, Reports and Recommendations, Item 32, The City Manager was given the authority to accept or not accept items in the bequest"; Page 8, Reports and Recommendations, Item 34, "Councilman Tillman" in place of "City Manager Goss." Councilman Tillman requested the minutes be amended as follows: Page 4, Unfinished Business, Item 15, "Mr. Shepard noted the information should be ready by July." Councilman Sherratt moved acceptance of the minutes as amended, seconded by Councilman Beckam, and carried on unanimous voice vote. WRITTEN COMMUNICATIONS: 2. From Mrs. Katharine H. Bridge, 924 Broadway, requesting information on property owner's liability regarding sidewalk condition adjacent to property and explaining circumstances concerning her claim against the City. Councilman Beckam moved the communication be referred to the City Engineer and the City Attorney for response, seconded by Councilman Sherratt, and carried on unanimous voice vote. From Pacific Telephone, signed by the District Manager of Coin Operations, concerning the proposed Sidewalk Public Telephone Program for the City. President Corica briefly explained the program. He noted the telephones could be used to dial the "911" Emergency number without using a coin. On question, City Manager Goss said a resolution authorizing the license contract could be prepared for the next meeting. Councilman Tillman asked that this include a list of the first proposed nine locations, and a list also be prepared of future locations. Councilman Sherratt moved the resolution and agreement be prepared for the meeting of May 16, seconded by Councilman Beckam. On question from Councilman Diament, Planning Director Patterson said Bay Farm Island had not been included on the preliminary list of locations. City Manager Goss suggested a condition of the license agreement be that at least one location be on Bay Farm Island. On a call for the question, the motion carried on the following voice vote: Ayes, 4; Noes, 0; Abstaining, 1 (Councilman Tillman). 4. From Mr. James B. Davis, Attorney for Harbor Bay Isle Associates, concerning a proposed amendment to the Noise Element. Councilman Sherratt moved the communication be referred to the Planning Board, seconded by Councilman Diament, Councilman Tillman asked that the minutes of the special meeting of April 26, 1977, be provided to the Planning Board, as they directly related to the communication. On a call for the question, the motion carried on unanimous voice vote. HEARINGS: 5. In the Matter of an Appeal filed by John Van Horn, Alouette Massage Studio, from the Planning Board decision denying a Use Permit application. Assistant City Attorney Quan explained the hearing process for an appeal; that the issue was to be heard on the record of the original hearing before the Planning Board, unless the appellant had further evidence which could not have been produced at the original hearing. Ms. Sandra Smith, 1440 Broadway, Oakland, attorney for Mr, Van Horn, noted the Council was in possession of all necessary documents and evidence on the appeal. Following a brief discussion on the documents, she reiterated the case presented to the Planning Board. On question from Councilman Sherratt, Deputy City Attorney Quan reported his office had received no information of violations of ordinances, complaints of prostitution, or other general complaints involving the Studio. On question from Councilman Diament, Mr. Quan replied the length of the lease might be different from the length of the Use Permit as they were independent items. Planning Director Patterson noted the lease had been signed prior to implementation of the ordinance. Councilman Beckam moved reversal of the Planning Board decision of March 20, 1978, denying Use Permit application 78-2, and granting of a conditional Use Permit effective for one year, based on the finding that no substantial evidence in the record before the Council supported Findings 3, 4, and 5 of Resolution No. 970 of the Planning Board, seconded by Councilman Sherratt. Councilman Diament asked if there was any further evidence from the Police Department. Councilman Beckam suggested a 10-minute recess to call the Chief of Police and directly ask him if there was any further information. Following the recess, the City Manager reported he had talked to Chief Young, who said the Police Department had nothing under investigation concerning the Studio at this time, but there was a suspicion of non-compliance with ordinances concerning the training of technicians. Councilman Diament suggested the motion be amended to request the Police Department to further investigate the situation; Councilman Beckam declined to amend his motion. On question from Councilman Sherratt, Mr. Quan stated the Use Permit could be revoked at any time for violations of the ordinances. On a call for the question, the motion carried on the following roll call vote: Ayes: Four. Noes: One (President Corica). Absent: None. REPORTS AND RECOMMENDATIONS: -6. Continued from the meeting of April 18, from the City Manager, regarding the Cooperation Agreement between the City and Cal-Trans for work in connection with Patton Way. The consensus of the Council was to hold this item over to the meeting of May 16. -7. From the Recreation Commission, signed by the President, regarding Harbor Bay Isle Park. Mrs. Gertrude Woods, President of the Recreation Commission, stated they requested approval of the preliminary drawings for the park and permission to proceed with preparing plans and specifications. She noted three changes from the original proposal: (1) the inclusion of six parking spaces adjacent to the tennis courts, (2) the re-orientation of the recreation building, and (3) the inclusion of a drawing of the location of a proposed branch library adjacent to the recreation building. She said the inclusion of the parking spaces was to provide ample public access to the tennis courts. Mr. Grant Mainland, Recreation Director, referred to maps and drawings displayed in the Chamber and explained various aspects of the proposed park design. Mr. Robert Hudkins, President of the Library Board, said this Board supported the Recreation Commission's request for approval of the preliminary drawings and the changes suggested. At this time, President Corica introduced Mrs. Phyllis Moore, recently appointed City Librarian. Mrs. Rosalie McPherson, President of the Planning Board, said this Board opposed the inclusion of the six parking spaces because they felt the park should be oriented away from the use of automobiles and toward the preservation of more open space. Mr. Arthur Roke, Member of the Recreation Commission, stated he felt the parking area would be adequately screened with proper landscaping and should be included in the plans. Councilman Sherratt moved acceptance of the report and the changes as proposed, seconded by Councilman Tillman, and carried on unanimous voice vote. 8. From the Assistant City Manager transmitting a recommendation of the Social Service Human Relations Board regarding the budget for the Community Cultural Festival. Councilman Beckam moved acceptance of the report and approval of the recommendation for an allocation of $305, seconded by Councilman Tillman, and carried on unanimous voice vote. Mrs. Linda Pritchard, 3263 San Jose Avenue, voiced the appreciation of the Board for the allocation. 9. From the City Manager regarding the Auditor-Assessor/Treasurer-Tax Collector Salaries. Following a brief discussion, Councilman Sherratt moved the Auditor-Assessor's salary be raised to the second step, and consideration of the raise for the Treasurer-Tax Collector be deferred until the new appointment had been made, seconded by Councilman Beckam, and carried on unanimous voice vote. 10. From the City Manager submitting a recommendation on a request for refund of Residential Unit Tax for property located at 2104 San Antonio Avenue. Councilman Beckam moved approval of the refund, seconded by Councilman Sherratt, and carried on unanimous voice vote. 11. From the City Manager submitting a recommendation on a dredging permit application from SOHIO Petroleum Company. Councilman Diament moved acceptance of the report and the permit be issued, seconded by Councilman Sherratt and carried on unanimous voice vote. 12. From the City Manager, recommending approval of the Final Map for Tract No. 3883, being 76 dwelling units located on property south of Central Avenue between Fifth and Sixth Streets -- Crown Harbor. Councilman Beckam moved acceptance of the report and the resolution be taken out of order, seconded by Councilman Sherratt and carried on unanimous voice vote. RESOLUTIONS: 13. The following Resolution was intrcduced by Councilman Diament, who moved its adoption: "Resolution No. 8895 Approving Final Map of Subdivision Known as Tract 3883, Authorizing Execution of Agreement for Construction of Public Improvements Therein, Approving Bonds as to Sufficiency, and Accepting a Certain Parcel of Land, Easements and Rights of Access Dedicated to the City and the Public (Louis Kaliski, Inc. and AE Realty Partners, Subdividers.)" The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 14. From the City Manager concerning budget alternatives for consideration in event the Jarvis-Gann Tax Initiative passes. City Manager Goss briefly outlined his report to the Council. He noted two possible avenues for action: Alternative A proposed reduction of expenditures and increase of revenue sources; Alternative B proposed reduction of expenditures with no additional revenue sources. He also said one of the reasons passage of the amendment would affect Alameda so severely was that the City relied 45% on property tax revenue and the statewide average was 25% reliance. He noted information was available for presentation at an informational session-special meeting regarding both Proposition 8 and Proposition 13. President Corica noted a provision of SB1 to use the State surplus to reimburse the cities for lost revenue, and he felt the same surplus would be used if Proposition 13 passed. He also suggested if layoffs were necessary, that persons in higher-paying administrative positions be laid-off first. 2.23 City Manager Goss said there was no provision in Proposition 13 to use the State's surplus to help the cities, and therefore he felt the additional revenue source proposals were necessary to provide relief until such time as the legislature might act to distribute the surplus. Mr. Joseph Sullivan, 3221 Liberty Avenue, spoke urging an increase in the property transfer tax from $1.10 to $4.40 per $1,000. He said he opposed the Jarvis-Gann Tax Initiative (Proposition 13). Mr. Russ Sisung, 221 Santa Clara Avenue, said he felt higher, extra taxes may discourage property sales. Councilman Tillman stated he opposed Proposition 13, He said he felt the State Legislature would provide the funds from the State surplus, but that it may take some time to enact proper legislation. Following a brief discussion, Councilman Beckam moved acceptance of the report for further discussion, seconded by Councilman Sherratt, and carried on unanimous voice vote. Councilman Diament moved the date for a special meeting be set as soon as possible, seconded by Councilman Sherratt, and carried on unanimous voice vote. 15. From the Assistant City Manager and the City Auditor, submitting a report of Counts of Money held August 16 and November 8, 1977, and February 14, 1978. Councilman Diament moved acceptance of the report, seconded by Councilman Beckam, and carried on unanimous voice vote. RESOLUTIONS: 16. The following Resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8896 Rejecting Claim of Katherine Bridge Against City. The motion to adopt said Resolution was seconded by Councilman Diament, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. 17. The following Resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8897 A Resolution of the City of Alameda Regarding CETA Reenactment (S.2570/H.R.11086)." The motion to adopt said Resolution was seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. -18. The following Resolution was introduced by Councilman Tillman, who moved its adoption: "Resolution No. 8898 Declaring Intention to Prohibit, by Ordinance, the Use of Certain City Streets 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 Art. 4, Ch. 5, Div. 15, Vehicle Code of California." The motion to adopt said Resolution was seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Four. Noes: Councilman Beckam (1). Absent: None. 19. The following Resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8899 Authorizing Execution of Agreement with AE Realty Partners for Construction of Public Improvements in Subdivision Tract 3903 and Approving Bonds as to Sufficiency; and Authorizing Execution of Agreement with Harbor Bay Isle Associates to Terminate and Cancel Original Agreement for Subdivision Tract 3903 Public Improvements." The motion to adopt said Resolution was seconded by Councilman Tillman, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. 20. The following Resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8900 Adopting Specifications, Special Provisions and Plans for Additions and Alterations to the Recreation Building at McKinley Park, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said Resolution was seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. 21. The following Resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8901 Rejecting Claim of Connie Faye Mason Against City." The motion to adopt said Resolution was seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five, Noes: None, Absent: None. -22. The following Resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8902 Rejecting Claim of David Edward Attanasio Against City." The motion to adopt Resolution was seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. 23. The following Resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8903 Rejecting Claim of Venessa Rae Attanasio Against City." The motion to adopt said Resolution was seconded by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None. -24. The following Resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8904 Rejecting Claim of Richard Ramirez Against City." The motion to adopt said Resolution was 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: 25. "Ordinance No. New Series Amending the Alameda Municipal Code by Repealing Section 4-332 Thereof, Relating to Possession or Consumption of Alcoholic Beverages on Public Beaches Within the City." Councilman Diament introduced the ordinance, after which it would be laid over under provision of law and the Charter. The motion was seconded by Councilman Beckam. Following a discussion of which beaches were under City jurisdiction and which were under the East Bay Regional Parks jurisdiction, the City Attorney was directed to research the subject and provide an amended ordinance, if necessary, for introduction at the next meeting. BILLS: 26. An itemized List of Claims against the City of Alameda and the Departments thereof in the amount of $121,704.59 was presented to the Council at this meeting and was accompanied by certification from the City Manager that the claims shown were correct. Councilman Diament moved the bills as itemized in the List of Claims filed with the City Clerk on May 2, 1978, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by Councilman Sherratt and carried by unanimous voice vote. ORAL COMMUNICATIONS: 27. Mr. Grant Mainland, Director of Recreation and Parks, invited the Council and the public to the public hearing at Wood School concerning the Harbor Bay Isle Shoreline Park/Beach. 28. Mr. Russ Sisung, 221 Santa Clara Avenue, suggested the citizens of the City be encouraged to participate more fully on a volunteer basis in providing services to the City. FILING: 29. Agreement between City and Louis Kaliski, Inc. and AE Realty Partners re Tract 3883. 30. Agreement between City and AE Realty Partners re Tract 3903. 31. Agreement between City and Harbor Bay Isle Associates re Tract 3903. 32. Specifications PW 5-78-3, McKinley Park Recreation Building. 33. Financial and Operating Report of Auditor-Assessor as of March 31, 1978. ADJOURNMENT: 34. Councilman Tillman moved the Council retire to executive session for a discussion of personnel matters, seconded by Councilman Sherratt, and carried by unanimous voice vote. At the conclusion of discussion, it was determined no action would be taken. 35. There being no further business to come before the meeting, the Council adjourned at 11:15 o'clock p.m., to assemble in regular session on Tuesday, May 16, 1978, at 7:30 o'clock p.m. Respectfully submitted, Deputy City Clerk