1978-04-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY APRIL 4, 1978
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The
Invocation was delivered by the Reverend Donald Zerbe, Pastor of the Twin Towers United
Methodist Church, and the Pledge of Allegiance was led by Councilman Beckam.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman, and
President Corica were noted present. Absent: None.
MINUTES:
1. Councilman Tillman requested the following correction to the minutes of the regular
meeting of March 21, 1978: Page 188, following Paragraph 8: "Councilman Tillman questioned
Dr. Challen about her statements about the isolation of the seniors at the proposed site.
Dr. Challen responded she felt it was better to keep various age groups within easy access
of one another, in order to facilitate an exchange of ideas. She said she felt the
seniors were often lonely and would welcome the chance to be around younger people.
Councilman Tillman said he felt senior citizens were more careful than other groups with
regard to traffic safety. He said traffic safety had been a factor in the construction
of the senior citizen housing at Park and Otis, and there had been no accidents at that
site. He felt the proposed Westline site posed no more of a traffic hazard than the
Park /Otis location. He further said he did not feel the proposed site was isolated because
of the nearly flat geography of Alameda. He stated he felt the site was also desirable
because the construction would leave ample room for outdoor activities, such as barbeque
pits, and attractive landscaping." The minutes of the regular meeting of March 21
were then approved as corrected, with Councilman Sherratt abstaining since he was
absent from that meeting. The minutes of the special meeting held March 27 were approved
as submitted.
2. President Corica introduced Ms. Edwina Campbell of the U. S. State Department. Ms.
Campbell introduced 5 students from Indonesia, South Korea, New Zealand, New Guinea,
and Taiwan, who were visiting the United States as guests of the State Department. She
said the students were involved in a project called "Comparative Values in Modernization"
and were meeting with residents and organizations to learn about our system of government,
as well as how issues such as the environment, transportation, and education were dealt
with. Each student was welcomed and addressed the Council.
3. President Corica explained the flag posted in the Chamber which read "Hospitality
House." It had been presented to him by former Mayor William Godfrey and had originally
been used by a group in Alameda which functioned similarly to the USO during World War II.
He said the flag would be presented to the Alameda Historical Society.
WRITTEN COMMUNICATIONS:
4. From the East Side Association, signed by the President, opposing the old Lincoln
School site as a location for low or moderate income housing.
President Corica noted this letter related to a report on the Agenda, and would be
considered in conjunction with the report.
5. From Ms. Dorothy Madsen, 22262 Buena Vista Avenue, complaining of truck traffic
on Buena Vista Avenue.
The communication was referred to the Planning Board in connection with their deliberations
on the Combined Land Use Plan, and to the Traffic Advisory Committee for their information.
6. From Mrs. Ellen Schmalenberger, City Treasurer -Tax Collector, submitting her
resignation effective at the close of business May 31, 1978.
Councilman Diament moved the resignation be accepted with regret and a commendatory
resolution be prepared, seconded by Councilman Sherratt and carried on unanimous voice vote.
HEARINGS:
7. In the Matter of the construction of street improvements along the south side of
San Antonio Avenue westerly of Ninth Street.
The Clerk reported the Affidavit of Posting of the required notice was on file and all
interested parties had been notified.
President Corica explained the procedure to be followed in the hearing.
City Engineer Hanna reported on the background of the issue. He noted the improvements
were required by State law and City Code. He said the property owner could contract the
work privately or the City could have the work done and then bill the property owner. He
stated the Council could legally allow the property owner to repay the City over a period
of ten years, at a rate of 7 per cent interest.
On a call for proponents or opponents, there was no response. The President closed the
public portion of the hearing.
President Corica noted a communication had been received from Attorney Garrett Riegg
representing Mrs. Ella M. Billingsley, the property owner, requesting she be allowed to
pay for the street improvements over a ten -year period.
Following a brief discussion by the Council, Councilman Tillman moved the resolution
be taken out of order, seconded by Councilman Diament and carried by unanimous voice vote.
RESOLUTIONS:
8. The following resolution was introduced by Councilman Diament, who moved its adoption.
The motion was amended at the suggestion of Councilman Beckam, with the concurrence of
Councilman Diament, to change all references of 170 lineal feet to 120 lineal feet, that
the work be accomplished at minimum cost, and the 10 -year pay back provision be approved.
"Resolution No. 8878
Overruling Objections to Notice to Construct Sidewalk, Curb, Gutter
and Street Pavement along the South Side of San Antonio Avenue
Westerly of Ninth Street, Alameda, California, and Authorizing
Superintendent of Streets to Cause Said Work to be Performed."
The motion to adopt said resolution, as amended, was seconded by Councilman Beckam, and
carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None.
HEARINGS:
9. In the matter of consideration of a Cooperation Agreement between the City and
the Housing Authority of the City of Alameda, and adoption of a resolution approving
said Cooperation Agreement and amending Zoning regulations applicable to the Parrot
Avenue Housing Project.
The Clerk reported the Affidavit of Publication of the Notice of Hearing on both March 21
and March 30 was on file and all interested parties had been notified.
President Corica explained the procedures to be followed in the hearing.
City Attorney Stroud said the Housing Authority wished to obtain Federal subsidies for
the construction; that the Agreement was a necessary prerequisite and would satisfy the
desires of the surrounding neighborhood. He also explained several changes he would
recommend to further improve the Agreement, as set out in his written memorandum of
April 4, 1978, copies of which had been distributed to the Council and other interested
persons.
On the call for proponents, Mr. William Hildebrand, President of the Northside Association,
reported their approval. He stated the goal of the Association was to have the project
spread over the entire site and they wanted to be able to provide input concerning design
of the construction.
On a call for opponents, there was no response. The President declared the public portion
of the hearing closed.
Councilman Sherratt moved the Agreement be amended to reflect the changes City
Attorney Stroud proposed in his memorandum dated April 4, 1978, seconded by
Councilman Diament, carried on unanimous voice vote.
Councilman Sherratt moved the Agreement be amended by striking a portion of Paragraph G
referring to "Planned Units," seconded by Councilman Diament, carried on unanimous voice
vote.
Councilman Beckam moved the Agreement be amended by deleting a portion of Paragraph H
referring to "Planned Units," seconded by Councilman Diament, carried on unanimous voice
vote.
Councilman Sherratt moved adoption of the Agreement as amended and the resolution be taken
out of order, seconded by Councilman Diament, and carried on unanimous voice vote.
RESOLUTIONS:
10. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8879
Resolution Approving Cooperation Agreement Between the City of
Alameda and Housing Authority of the City of Alameda and Zoning
the Parrot Avenue Housing Project."
The motion to adopt said resolution was seconded by Councilman Beckam and carried on
the following roll call vote: Ayes: Five. Noes: None. Absent: None.
Councilman Sherratt moved the Second, Third, and Fourth Year HCDA applications be amended,
as recommended in a memorandum from the Assistant to the City Manager,to provide the
necessary funds. The motion was seconded by Councilman Diament and carried on unanimous
voice vote.
REPORTS AND RECOMMENDATIONS:
11. From the Auditor -- Assessor requesting a refund of Unsecured and Secured taxes
erroneously levied and collected.
Councilman Diament moved the refunds be approved and the resolution be taken out of
order, seconded by Councilman Tillman, and carried on unanimous voice vote.
RESOLUTIONS:
12. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8880
Ordering Refund of Real and Personal Property Taxes
Erroneously Levied and Collected."
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:
13. From the City Manager concerning issuance of 'a Permit to the San Francisco Bay in
the Water Boat Show.
Councilman Sherratt moved the permit be granted retroactively, seconded by Councilman
Beckam and carried on unanimous voice vote.
14. From the Assistant to the City Manager regarding appraisal of the former Lincoln
School site.
President Corica reported the old Lincoln School site had been offered for sale to the
City by the Alameda Unified School District.
Councilman Beckam moved the Council go on record declining the offer of the School
Board and the site be eliminated from consideration as a site for low or moderate
income housing under HCDA funding, seconded by Councilman Sherratt, carried on unanimous
voice vote.
Councilman Sherratt moved the communication received from the East Side Association on the
subject be accepted and placed in the file, seconded by Councilman Diament, and carried
on unanimous voice vote.
15. Continued from the meeting of March 21, 1978, from the Assistant City Manager
concerning the City newsletter; and from the Assistant City Manager concerning a request
from the Alameda Times -Star for a paid ad in the upcoming Progress Edition.
Following a brief discussion, Councilman Sherratt moved the City newsletter be discontinued
until further notice, seconded by Councilman Beckam, and carried on unanimous voice vote.
On question from President Corica, City Manager Goss reported there was S1,000 allocated
for the Progress Edition in the Community Promotion Budget and incorporated in the
Chamber of Commerce contract. Assistant City Manager Creagh reported there was
approximately S1,000 remaining of the funds allocated to the newsletter project.
Councilman Sherratt moved $800 be allocated from the existing Community Promotion Fund
to be paid to the Chamber of Commerce in addition to the prior S1,000 allocation, to be
used for advertising in the Progress Edition of the Times -Star and for advertising for
the Heritage Days and Fourth of July celebrations. The motion was seconded by Councilman
Beckam, and carried on unanimous voice vote.
16. From the City Manager regarding investments of the Police -Fire Pension Fund.
Councilman Diament moved acceptance of the report and the ordinance be taken out of
order, seconded by Councilman Sherratt, and carried on unanimous voice vote.
INTRODUCTION OF ORDINANCES:
17. "Ordinance No.
New Series
Amending Ordinance No. 1082 N.S. by Amending Section 6 and
Subsection (o) of Section 2 Thereof Relating to Management
of the Pension Fund."
Councilman Beckam introduced the ordinance, after which it would be laid over under
provision of law and the Charter. The motion was seconded by Councilman Diament
and carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None.
REPORTS AND RECOMMENDATIONS:
18. From the City Manager on the Agreement for custody and prisoner maintenance costs.
Councilman Beckam moved acceptance of the report and the resolution be taken out of order,
seconded by Councilman Diament, and carried on unanimous voice vote.
RESOLUTIONS:
19. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8881
Authorizing Execution of Agreement with City of Oakland
for Custody and Prisoner- Maintenance Costs."
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.
REPORTS AND RECOMMENDATIONS:
20. From the City Manager recommending approval of the Final Map for Tract No. 3922,
being five lots fronting on Otis Drive opposite Tarryton Isle, owner California -
Nevada Methodist Homes.
The Clerk reported the bonds had been submitted and were approved by the City Attorney.
Councilman Diament moved acceptance of the report and the resolution be taken out of
order, seconded by Councilman Beckam and carried on unanimous voice vote.
RESOLUTIONS:
21. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8882
Approving Final Map of Subdivision Known as Tract 3922,
Authorizing Execution of Agreement for Construction of
Public Improvements Therein, Approving Bond as to
Sufficiency, and Accepting a Public Utilities Easement
Dedicated to the Public (California - Nevada Methodist
Homes, Subdivider)."
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:
22. From the City Manager reporting all work satisfactorily completed on the project
of the remodelling of restrooms at McKinley Park, recommending it be accepted and the
Notice of Completion ordered filed.
Councilman Beckam moved acceptance of the project, that the Notice of Completion be filed,
and the bond released. The motion was seconded by Councilman Diament and carried on
unanimous voice vote.
Z3. From the City Attorney in the matter of the South Shore Beach and Tennis Club
condominium conversion.
City Attorney Stroud noted representatives of Mr. George I. Benny, of Liberty Investment
Company, were in attendance.
Mr. Ariel Basse, an attorney representing Mr. Benny, made the following statement:
"The statement is submitted on behalf of Mr. George I Benny, who is doing business as
Liberty Investment Company, and he is the applicant for the conversion of South Shore
Beach and Tennis Club from apartments to condominiums. We would like to participate
in some discussion tonight in this matter, but are concerned that we may be prejudicing
our legal action by doing so. Therefore, without waiving our claim that the unconscionable
and illegal delays by the Planning Board in hearing and making its recommendation on our
application has made it impossible for the Council to legally act, we would like to
discuss with the City Council ways in which this pending litigation and the entire matter
may be settled to the satisfaction of the public interests involved, as well as those of
the applicant. We are prepared to discuss settlement terms this evening. We also would
like to point out that tonight's meeting is being held without notice to the affected
property owners or the applicant himself."
On question from President Corica, Mr. Basse reported neither Mr. Benny nor his
representatives had been present at the previous night's Planning Board meeting because
they felt their appearance would jeopordize their pending legal action. He also read
for the record a letter to the Planning Board, dated March 22: "Dear Members: We
understand that this matter may be placed on the agenda for your April 3, 1978, meeting.
Please be advised that we believe that the Board's jurisdiction to act on this
matter has expired for the reasons stated in the pending lawsuit of Benny vs. the
City of Alameda, et. al. Nevertheless, because the Board may still wish to make a
recommendation to the City Council, the applicant is willing to meet with you and your
staff on an informal basis in a spirit of cooperation to improve our conversion plan.
On the same basis, we are also willing to furnish any documentation which may prove helpful."
President Corica expressed his concern that the applicant was bypassing the authority of
the Planning Board by presenting his case directly to the Council.
The City Attorney reported the City did not function on an informal basis, and the
existence of the lawsuit did not permit the City to vary from normal procedures.
Councilman Beckam made the following statement: "It appears that there's some 80 days
required for the Council to act, and according to our counsel, that has not yet passed.
And the George I. Benny, Liberty Investment Co., had filed a permit to convert the South
Shore Beach and Tennis Club to condominiums which is now pending before the Planning
Board. The Tentative Map for the conversion can not be filed under the City's Subdivision
Ordinance and staff informs us that it has not been filed. We have not reviewed it
although we have seen the conversion permit documents. Mr. Benny contends that the
map has been filed as a matter of law. 1 move that the tentative map, if filed as a
matter of law, be denied for failure to secure necessary zoning approvals." The motion
was seconded by Councilman Diament and carried on unanimous voice vote.
On question from President Corica, Planning Director Patterson said the Planning Board
had received the quoted letter dated March 22, but had received no formal written
communication indicating that neither Mr. Benny nor his representatives would attend
the Planning Board meeting of April 3.
Mr. Joseph Sullivan, 3221 Liberty Avenue, spoke on his concerns on the issue and stated
he felt the applicants were not dealing correctly with the City.
UNFINISHED BUSINESS:
24. From the meeting of March 21, 1978, Councilman Tillman's request for comparative
information between his actual Bureau bill and what PG &E would have charged.
Councilman Tillman stated his request was to find out what the total cost increase
would be to a large customer, such as the Naval Air Station or Encinal Terminals, should
the City adopt "Lifeline" rates similar to those of PG &E. He said he felt the City
should adopt a "Lifeline" rate structure.
Assistant City Manager Creagh said the Bureau would be doing an in -depth study of the
possibility of "Lifeline" rates through a comprehensive analysis of the subscribers.
Councilman Beckam said he also felt the City should adopt the "Lifeline" rate structure.
He said he felt the larger users of electricity should pay a larger bill, and those of
low or moderate income should get a reduced rate.
Councilman Sherratt suggested Mr. Jack Shepard, General Manager of the Bureau of
Electricity, be asked to attend the next Councilnmeeting to answer various questions
regarding the rate structure.
City Manager Goss responded he would contact Mr. Shepard regarding his appearance at the
next meeting. He also stated it was possible there might be large users of electricity
who were of low or moderate income, i.e., large family units, and under the "Lifeline"
rate they would be subsidizing more affluent users of electricity who used a minimum
amount.
25. From the meeting of March 21, 1978, Councilman Diament's request for signage for
one Handicapped parking space near the Oak Street entrance to City Hall. The Council
concurred this issue had been cleared up by the Assistant City Manager in his plan for
the spaces in the lot between the City Hall and the Police Department.
Mrs. Josephine Bixler, 814 Haight Avenue, asked if additional parking spaces would be
designated for use by the handicapped. Councilman Diament said the request would be
considered.
26. From the meeting of March 21, 1978, Councilmen Tillman and Diament's request for
a report from the Chief of Police on the problem of prisoner transportation to the new
Municipal Court facility per a communication received from Judge McDonald.
City Manager Goss noted the preliminary budget for 1977 -78 had provided for the purchase
of a van for the Police Department to transport prisoners. He stated he would write
to the Judge explaining the situation.
27. Councilman Sherratt asked about the City's liability and insurance coverage for
the Heritage Days activities and the Fourth of July Parade. He asked that staff secure
from the various committees a calendar of events, and the matter be placed on the agenda
of April 18.
28. Councilman Sherratt moved the Certification of the EIR for the proposed Senior
Citizens' Center on Westline at Eighth be placed on the agenda for the meeting of April 18,
seconded by Councilman Beckam.
Councilman Diament suggested consideration of certification of the EIR be held over until
after the June election, as disposition of the old Alameda High School buildings would be
settled at that time.
Councilman Beckam pointed out that certification of the EIR did not imply site approval;
Councilman Diament agreed, but said she felt it was one more step toward site approval
and should not be done. She also stated she felt the EIR was incomplete and incorrect.
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.
NEW BUSINESS:
29. President Corica commented on an article in the Times -Star quoting Planning
Department staff comments on the Patton Way project. He stated in his opinion staff should
not make comments to the press until after the Planning Board had made their official
statement on the issue.
There was a lengthy discussion on staff's responsibility to prepare reports for
consideration by Boards and the Council.
30. Councilman Diament commented on a proposal by the Social Services Human Relations
Board to sponsor a "Hot Line" program. She stated she did not think the Council had
intended the Board to instigate such programs. She questioned the merit of obtaining
new volunteers to staff this new program versus the need for volunteers to handle
existing programs. She also questioned the City's liability with regard to this
new program. She said her main objection was that the Board was getting into a
field she did not feel the Council had envisioned, without consulting with Council first.
Councilman Tillman said he felt this type of program would be well utilized in the
City, as a similar program was used at the County level.
Councilman Diament said she felt there were a number of on -going similar programs in the
City already.
Assistant City Manager Creagh reported the Board was holding the project in abeyance until
further study could be made of the proposal. He suggested Councilman Diament, and any
other Council member who wished to, could meet with the Board and discuss the program
proposal, or that the matter could be placed on the agenda for the next Council meeting
for a decision.
31. Councilman Sherratt moved the Mayor be instructed to send a letter to the State Assembly
committee responsible for discussion on Assembly Bill 1109, pertaining to establishing
a public beaches and inland waters fund, urging support. The motion was seconded by
Councilman Beckam, and carried on unanimous voice vote.
32. President Corica noted all Council members were invited to the Mayor's
Conference on April 19 in Union City for a discussion of the ABAG Environmental
Management Plan.
RESOLUTIONS:
33. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8883
Authorizing Execution of Agreements for Construction of Public
Improvements in Subdivision Tract 3713 and Approving Bonds as
to Sufficiency (Harbor Bay Isle Associates, Subdivider -
Bedford/L.I.R. Number One, Developer)."
The Clerk reported for the record the bonds had been received and approved by the City
Attorney. 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.
INTRODUCTION OF ORDINANCES:
34. "Ordinance No. 1913,
New Series
Amending Certain Portions of the Alameda Municipal Code
Relating to Traffic Regulations."
Councilman Beckam moved the ordinance be introduced and passed as submitted, seconded
by Councilman Sherratt, and carried on the following roll call vote: Ayes: Five.
Noes: None. Absent: None.
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35. ° "Ordinance NO.
New Series
Amending the Alameda Municipal Code by Adding Subsection (c)
to Section I6-232 and Amending Section 16-233 Thereof,
Defining Organizations Authorized to Conduct Bingo Games."
Councilman Beckam introduced the ordinance, after which it would be laid over under
provision of law and the Charter. The motion was seconded by Councilman Diament and
Carried on the following roll call vote: Ayes: Five. Noes: None. Absent: None.
36. "Ordinance No.
New Series
Amending the Alameda Municipal Code by Amending Section 11-317
Thereof Relating to Real Estate Subdivision Preliminary Plans'"
Councilman Beckam introduced the ordinance, after which it would be laid over under
provision of law and the Charter. The motion was seconded by Councilman Diament and
Carried on the following roll call vote: Ayes: Five. Noes: NOne, Absent: None.
37. "Ordinance No. I914,
New Series
Amending Section I6-514 of the Alameda Municipal Code
Relating to Issuing Authority for Explosive Permits."
Councilman Beckam moved the ordinance be introduced and passed as submitted, seconded
by Councilman Diament and carried on the following roll call vote: Ayes: Five. Noes:
-^ '
Nune' Absent: None.
ORDINANCES FOR PASSAGE:
38, "Ordinance No. 19I5,
New Series
Amending the Alameda Municipal Code by Amending
Section I3-I96 Thereof Relating to License Fees."
Councilman Diament moved the ordinance be passed as submitted, seconded by Councilman
Sherratt, and carried on the following roll call vote: Ayes: Five. Noes: None.
Absent: None.
BILLS:
An itemized list of Claims against the City of Alameda and the Departments thereof
in the amount of S170,086.45 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 April 4, 1478, and presented to the City Council at this meeting be allowed
and paid. The motion was seconded by Councilman Beckam and carried unanimously on
roll call vote.
ORAL COMMUNICATIONS:
40. Mr. Joseph Sullivan, 3221 Liberty Avenue, noted the Planning Board had set a
special meeting for April 10 to discuss the South Shore Beach and Tennis Club
condominium conversion application.
41. Mr. John Barni, 1277 Bay Street, reported he had been contacted by staff concerning
the Fernside Extension, as Council had directed at a previous meeting. He noted certain
additional information would be presented in May on the matter.
42. Mr. Otto Sammet, 2624 Janis Circle, questioned the status of his complaint
regarding a swimming pool on adjacent property. President Corica noted three members
of the City Board of Appeals would be sent to investigate and report to the Council.
FILING:
43. Financial and Operating Report of Bureau of Electricity for seven months ended
January 31, 1978.
44. Agreement between City and Harbor Bay Isle Associates and Bedford /L.I.R. Number
One re Tract 3713.
45. Cooperation Agreement between City and Housing Authority re Parrot Avenue Housing
Project.
46. Agreement between City and California- Nevada Methodist Homes re Tract 3922.
47. Agreement between City and City of Oakland for Custody and Prisoner - Maintenance
Costs.
ADJOURNMENT:
47. There being no further business to come before the Council, the meeting was
adjourned at 10:40 p.m. following a moment of silent prayer for the recovery of the
eldest son of Mrs. Inez Kapellas, who had been seriously injured in a traffic accident,
to assemble in regular session on Tuesday, April 18, at 7:30 p.m.
Respectfully submitted,
City Clerk