1978-02-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY FEBRUARY 21, 1978
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The
Pledge of Allegiance was led by Vice-Mayor Diament, followed by an Invocation delivered
by the Reverend Ronald Barton, Minister of the First Congregational Church.
ROLL CALL:
The roll was called and Councilmen Diament, Sherratt, Tillman, and President Corica,
(4) were noted present. Absent: Councilman Beckam, (1).
1. President Corica suggested that since Councilman Beckam could not attend the meeting,
the hearing scheduled on the Environmental Impact Report on the proposed Senior Citizens'
Center be postponed until the next meeting of the Council.
Councilman Tillman moved the hearing be held over to the next meeting. The motion was
seconded by Councilman Sherratt.
President Corica explained the controversial nature of this hearing was of such interest
to the community and the Council, it was felt a full Council should hear the public
comments on the issue. He further explained an attempt had been made to contact a number
of the citizens known to be most interested in this issue and explain to them the
hearing would be re-scheduled.
Inez Kapellas, 1128 College Avenue, commented she felt the Council should continue with
the hearing at this meeting. She further stated since the notice of a public hearing
had been published, the Council should allow the citizens who were present to speak on
the issue.
President Corica explained the intention of the Council had been to notify as many senior
citizens and other interested parties as possible concerning the propcsed postponement
so they would not have to attend two meetings.
Councilman Sherratt suggested the motion be amended, with the concurrence of Councilman
Tillman, to allow the hearing at this meeting to be for informational purposes, then
be continued to the next meeting. Councilman Tillman declined to concur.
Mrs. Helen Freeman commented she felt the public hearing should be held at this meeting,
and suggested the final decision could then be postponed until the next meeting.
Mrs. Marion Bothwell, 875 Portola Avenue, stated she had been informed the hearing would
not be held at this meeting, and she had told many other interested parties that the
hearing would be re-scheduled.
President Corica suggested the hearing be held over to the meeting of March 21, 1978, since
many people had indicated they would be unable to attend the next meeting.
Mr. Joseph Sullivan, 3221 Liberty Avenue, suggested the hearing be postponed to a later
meeting, or a special meeting be called just for this purpose.
Councilman Diament commented she was in favor of a special meeting, and suggested it
might be held between the March 7 and March 21 meetings.
Councilman Tillman moved the Hearing regarding the EIR on the proposed Senior Citizens'
Center be held over one month, to the meeting of March 21, 1978. The motion was
seconded by Councilman Sherratt and carried on unanimous voice vote.
MINUTES:
The minutes of the special meeting of February 1, and the regular meeting of
February 7, 1978, were approved as submitted. Councilman Tillman abstained from
voting due to his absence from the meetings.
WRITTEN COMMUNICATIONS:
2. From the Alameda County Planning Department, signed by the Planning Director,
requesting appointment of a member and alternate to the Alameda County Environmental
Management Citizens Advisory Committee.
President Corica nominated Elizabeth Rogers to be the member and MaeRose Evans as the
alternate. The nominations were seconded by Councilman Tillman and carried on
unanimous voice vote.
3. From Allen Serlin and Fay Pease, 1201 Sherman Street, requesting a waiver of the
Parcel Map requirements for properties located at 2152 and 2156 Clinton Avenue.
Councilman Tillman moved the waiver be granted, seconded by Councilman Diament, and
carried on unanimous voice vote.
4. From Mr. and Mrs. Dorward Henderson, 3017 Marina Drive, requesting a waiver of the
Parcel Map requirements for properties located at 3011 and 3017 Marina Drive.
Councilman Sherratt moved the waiver be granted, seconded by Councilman Tillman and
carried on unanimous voice vote.
5. From Jones-Tillson & Associates, requesting a one-year extension to February 15,
1979, for filing of the Final Map for Tract No. 3773 recreation complex and two school
sites in the Harbor Bay Isle development).
Councilman Sherratt moved the one-year extension be granted, seconded by Councilman
Tillman, and carried on unanimous voice vote.
6. From Mr. and Mrs. William F. Murray, 1422 Union Street, regarding the use by the
Alameda Girls Club of a portion of the west curbing in the 1400 block of Union Street.
President Corica noted the Girls Club had not made a formal request for use of the
parking area. He suggested the communication be referred to the Traffic Advisory
Committee for future use.
Mrs. Dorothy Murray Hake, representing her parents, explained the parking and traffic
problem in the area of the Girls Club. President Corica assured her she would be
notified of any future action on this issue.
7. From Mrs. Kathy Jessiman, 996 Park Street, concerning Cable TV.
President Corica noted many communications had been received on this subject, and
suggested the communication be referred to the file. Councilman Sherratt moved the
communication be referred to the file, seconded by Councilman Diament and carried
on unanimous voice vote.
8. From Mr. John Barni, Jr., representative of Mr. Thomas Paul Wood, concerning certain
land in the area of the Fernside Boulevard extension route,
Mr. Barni stated his client, Mr. Wood, had asked him to inquire from the Council about
the plans for possible acquisition of this property. He referred to a map posted in
the Chamber showing the location of the property, and discussed the proposed use of
adjoining land by Mr. Wood for the construction of six homes, none of which would front
on the proposed extension. He suggested there were two ways for the City to acquire the
property in question: first, by purchase, or second, by condemnation procedure.
Following a brief discussion, President Corica suggested the matter be referred to staff
for further discussion,
Councilman Sherratt moved the City Manager, the City Attorney, and the City Engineer be
instructed to confer with Mr. Barni and his client, Mr. Wood, on this subject. The
motion was seconded by Councilman Tillman and carried on unanimous voice vote.
Mrs. Amey Stone, 1623 High Street, suggested preparation of the preliminary budget include
a report on all aspects of land acquisition and the legal questions involved.
9. From Mr. J. W. Payton, 2007 Clinton Avenue, regarding the Jarvis-Gann Initiative.
President Corica remarked the Council was receiving a large amount of information on this
subject and suggested this communication be added to the file.
10. From the Alameda Chamber of Commerce, signed by the President, transmitting the
financial report on the Professional Bowlers Association tournament.
President Corica introduced Mrs. Mary Lou Papasan, General Manager of Mel's Bowl, and
complimented her on the fine job done in the promotion and handling of the recent
PBA tournament.
Mrs. Papasan invited Councilman Diament to "throw the first ball" at the Women's State
Tournament, which will be held at Mel's Bowl from April 7 to the middle of August.
She also thanked the Council, the Chamber of Commerce, and the City for the support
given during the PBA tournament.
HEARINGS:
11. In the Matter of the Fourth Year Housing and Community Development Act Application
Program.
President Corica noted this was the last of six public hearings on the subject. He
explained the procedure and declared the hearing open, with an initial presentation to be
made by Mr. Robert Wonder, Assistant to the City Manager.
Mr. Wonder noted the City had received, over the last three years, $1,787,000 in Housing
and Community Development money. This year, the city was targeted to receive $1,051,000.
Of the money already allocated to the city, just over $715,000 worth of projects have
been completed. Over 5800,000 was earmarked for projects yet to be started, and the
remaining $200,000 was programmed to be spent between now and the beginning of the new
program year.
He reported there were seven projects for the Fourth Year Application: (1) Planning and
General Project Administration; (2) Senior Center (landscaping, parking and architectural
fees); (3) Site Acquisition Utilization; (4) Neighborhood Improvements; (5) Removal of
architectural barriers that hinder accessibility and mobility of handicapped persons;
(6) Continued support for the Housing Conservation Loan Program (low market-rate interest
loans; and (7) Contingency fund.
Inez Kapellas commented she felt a certain portion of the HCDA funding should be
earmarked for preservation and restoration of the Alameda High School buildings on
Central Avenue.
Mr. Russ Sisung, 221 Santa Clara Avenue, asked some questions about the financial
structuring of the application. He felt too large a proportion of funds was used for
project #1 and #7 (Planning and the Contingency fund). He suggested a larger portion
of the funds be put toward housing rehabilitation and loans. He also questioned use of
the funds allocated for site acquisition for low and moderate income housing,
Councilman Sherratt noted Mr. Wonder's report submitted with the Application had pointed
out this subject would be taken to the people on a referendum, and if the site acquisition
project was voted down, this money would most probably be allocated to the low market-
rate interest loans project.
Mr. George Skells, 2624 Clay Street, commented he felt a portion of the HCDA funding
should be used for the construction of a neighborhood community cultural center.
Mr. Joseph Sullivan suggested both the senior citizens' center and a cultural center
be placed in the old Alameda High School buildings.
Mr. Cris Corpus, 509 Santa Clara Avenue, asked what land sites had been selected for low
and moderate income housing. Mr. Wonder replied that no decision had been made;
suggestions were in the reports to the Council, and the decision would be made by a
vote of the people.
Councilman Diament noted HUD regulations stipulated a certain percentage of the funds
be allocated to various aspects of the program. She also commented she felt more
emphasis should be placed on the Housing Conservation Loan Program.
President Corica stated he was disappointed with the HCDA program and felt the program
so far had not produced sufficient results for the mount of money spent. He voiced
his displeasure with increasing federal regulations and stipulations on the funds, and
suggested the continuation of the program be left upWo a vote of the people.
Councilman Tillman said he disagreed with President Corica's statements and those state-
ments of the Mayor reported in the Times-Star relating to Federal funding.
Councilman Sherratt commented he shared some of President Corica's concerns with
federal regulations and stipulations, but he felt the HCDA program was beneficial to
the City.
Councilman Diament remarked she felt the Housing Assistance plan should he left up
to a vote of the people, as it was too strongly controlled by HUD regulations.
Councilman Sherratt moved the application be approved as submitted. The motion was
seconded by Councilman Tillman and carried on the following roll call vote: Ayes:
Three. Noes: President Corica (1). Absent: Councilman Beckam (1).
Councilman Sherratt moved the resolution be taken out of order. The motion was
seconded by Councilman Diament and carried on unanimous voice vote,
RESOLUTIONS:
12. The following resolution was introduced by Councilman Sherratt, who moved its
adoption:
"Resolution N . 8857
Authorizing Submission of Application to United States Department
of Housing and Urban Development for Funds Under the Housing and
Community Development Block Grant Program."
The motion to adopt said resolution was seconded by Councilman Diament, and carried on
the following roll call vote: Ayes: Three. Noes: President Corica, (1). Absent:
Councilman Beckam (1).
REPORTS AND RECOMMENDATIONS:
13. From the Planning Board, sigred by the Secretary, transmitting recommendation of
approval with conditions of Tentative Map for Tract No. 3810 (Villages III, IV, & the
north and southwest portions of Village I, Harbor Bay Isle.)
City Attorney Stroud noted there should be two conditions added to the Planning Board
Resolution No. 963, to reflect the provisions of the agreement between the City, Harbor
Bay Isle Associates, and BCDC. (a)(19) That HBI shall dedicate 14 acres for public
access to the shoreline as specified in the PD approval; and (b) (20) The issuance of
building permits shall be limited as specified in the February 15, 1978 agreement
between City, HBI, and BCDC.
Mrs. Leora Feeney, 1530 8th Street, representing Save Our Shoreline, commented she and
her group were pleased with the agreement.
Councilman Sherratt questioned the City Engineer about the required bus lane. Mr. Hanna
responded that effects of the lane would not be significant on the adjoining parking lot.
Councilman Sherratt moved adoption of the Planning Board report, and approval of the
recommended conditions of Tentative Map for Tract No. 3810 with the addition of conditions
19 and 20 as stated by the City Attorney. The motion was seconded by Councilman Diament
and carried on unanimous voice vote.
Councilman Sherratt moved the resolution be taken out of order, the motion was seconded
by Councilman Diament, and carried on unanimous voice vote.
RESOLUTIONS:
14. The following resolution was introduced by Councilman Diament, who moved its adoption,
as amended:
"Resolution No. 8858
Approving Tentative Map for Tract 3810, Villages III, IV,
and the North and Southwest Portions of Village I of the Harbor
Bay Isle Development, Finding Said Tentative Map Consistent
with the City's General Plan and Determining that Discharge
of Waste into Sewer System Will Not Violate Regional Water
Quality Control Regulations."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried
on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman
Deckam, (1).
Mr. Oscar Barry, of Harbor Bay Isle Associates, thanked the Council, the Planning Board,
and Mrs. Feeney for achieving approval of the Tentative Map,
REPORTS AND RECOMMENDATIONS:
15. From the Assistant City Manager regarding City Vehicle Utilization Study.
President Corica stated he had expected to see in the report an indication of how
much it would cost an employee to use his or her own car on City business. He also
questioned the use of City vehicles by some Department Heads who drove the cars to and
from work.
Councilman Sherratt said he wanted to find out from the report how much the City would
save if the City cars were not utilized for travel to and from work.
Mr. Russ Sisung commented on the comparison between the cost of supplying a car to
employees and reimbursing an employee for mileage, etc, for the use of their own car.
Following a summary of findings by Assistant City Manager Creagh and a lengthy
discussion, Councilman Sherratt moved the report be accepted and the following
employees be allowed to use City vehicles to take home: City Manager, City Engineer,
Public Works Superintendent, Police Chief, Fire Chief, and Golf Course Superintendent
(truck). The motion was seconded by Councilman Tillman and carried on unanimous voice
vote.
City Manager Goss asked for a clarification of discretion in allowing an employee to
take a car home under certain circumstances. It was the consensus of the Council that
employees would be permitted to take City vehicles home when it was to the City's
operational advantage.
16. From the City Attorney regarding Solicitations.
Councilman Diament noted the City Attorney had indicated in his report that he had
re-drafted an ordinance on the subject. She requested this ordinance be presented
to the Council at a future meeting. She also questioned the City Attorney regarding
the possibility of requiring fingerprinting of solicitors. Mr. Stroud replied the
requirement for fingerprinting did not have to be in the ordinance, but could he an
administrative requirement.
Mr. Joseph Sullivan questioned solicitation for the Heart Association. Mr. Stroud
indicated the Association was required to have a permit.
Councilman Sherratt moved acceptance of the report and the City Attorney be directed
to prepare an ordinance for the next meeting. The motion was seconded by Councilman
Diament, and carried on unanimous voice vote.
17. From the City Attorney concerning the Parrot Village zoning regulations.
Councilman Sherratt moved acceptance of the report, and a resolution be prepared for
the next meeting regarding the agreement proposed by the City Attorney, and a public
hearing be scheduled for the next meeting also. Councilman Diament seconded the
motion.
Mrs. Barbara Worden, 1515 Regent Street, speaking for the Northside Association,
indicated the Association was opposed to placing the planned 50 units on only two
of the three available blocks in the site. She also spoke in favor of individual
backyards instead of a large common area for the units.
Councilman Sherratt suggested the Northside Association provide their comments in
written form to the Council prior to'the next meeting, where they could also present
their views at the public hearing.
On a call for the question, the motion carried on unanimous voice vote.
18. From the City Manager transmitting request of the City Treasurer for authorization
to destroy cancelled bonds and coupons related to Reclamation District 2087.
Councilman Tillman moved acceptance of the report, seconded by Councilman Sherratt.
Councilman Diament questioned the City Attorney regarding the policy for keeping City
records. Following a brief discussion, it was decided to hold this matter over to the
next meeting for a full report.
19. From the City Manager regarding the acquisition of Police vehicles.
Councilman Sherratt moved adoption of the report and approval of the purchase of 8
vehicles from the State of California. The motion was seconded by Councilman Diament
and carried on unanimous voice vote.
UNFINISHED BUSINESS:
20. Held over from the regular meeting held February 7, 1978, a discussion on the
report on the implications of the Tax Initiative.
The Council briefly discussed the subject. Councilman Tillman suggested a special
meeting be scheduled to fully discuss the Initiative, and Councilman Sherratt suggested
this be held a month before the June Primary Election.
City Manager Goss indicated the budget process would include submission of both a normal
budget and a reduced budget, plus recommendations for reductions in service should the
Initiative be passed.
Councilman Sherratt suggested the cities' elected officials go directly to the
Legislature for assistance with the problems of taxes and revenues.
Joseph Sullivan again spoke in favor of increasing the Real Estate Transfer Tax.
21. Consideration of the following items brought up under New Business at regular meeting
held February 7, 1978: Councilman Diament's inquiry regarding ordinance preparation
regulating water temperature in laundromats.
City Manager Goss indicated the City of Oakland had been contacted, but they had no
ordinance on the subject. Councilman Diament asked that staff further research the
matter and provide a report.
22. Councilman Tillman questioned the City Manager regarding billing procedures of the
Bureau of Electricity, specifically with regard to "Lifeline" rates allowed by PG&E.
He requested a written report be obtained from the General Manager of the Bureau on this
subject.
23. Councilman Tillman reported revenue sharing funds expended for the new Police
Administration building amounted to $848,620.70.
4
NEW BUSINESS:
24. Councilman Sherratt reported on the recent Executive Committee meeting of ABAG. He
noted the Marin County Board of Supervisors had indicated they might withdraw from
ABAG if consideration of the Environmental Management Task Force Plan were not
extended for one year. He reported the General Assembly meeting date had been
changed from April 6 to a date early in June, when the Plan would be considered
for adoption. He requested that staff provide written comments on the Plan.
The Council briefly discussed taking a position on the Plan. Councilman Diament
suggested this subject might require a special meeting.
25. President Corica suggested the City Manager not replace the Assistant Planning
Director, who had recently submitted his resignation.
26. President Corica commented on the Fourth of July Parade Committee. He introduced
Mrs. Jeri Mowrey, Chairman, who asked the Council for its position on having fireworks
in conjunction with the Parade.
Following a brief discussion on past years' activities and the lack of locations
within the City for a fireworks display, Councilman Tillman moved there be no
fireworks display for this year's Fourth of July celebration. The motion was seconded
by Councilman Diament and carried on unanimous voice vote.
Mr. Don Dunn, 2120 Clinton Avenue, spoke in favor of having a fireworks display.
ORDINANCES FOR PASSAGE:
27. "Ordinance No. 1907,
New Series
Amending the Alameda Municipal Code by Adding Subsection (c)
to Section 11-14B2 Thereof, Relating to Definitions of
Signs."
Councilman Diament moved the ordinance be passed as submitted. The motion was seconded
by Councilman Sherratt and carried on the following roll call vote: Ayes: Four. Noes:
None. Absent: Councilman Beckam, (1).
28. "Ordinance No. 1908,
New Series
Amending the Alameda Municipal Code by Amending Section
20545 Thereof Relating to Vacation Deferral Policy for
Certain Employees."
Councilman Diament moved the ordinance be passed as submitted. The motion was seconded
by Councilman Sherratt and carried on the following roll call vote: Ayes: Four.
Noes: None. Absent: Councilman Beckam, (1).
29. "Ordinance No. 1909,
New Series
Authorizing Execution of Acknowledgement by Lessor Relating
to Assignment to Marina Operators Incorporated by Pan-Pacific
Development Company of Its Interest in a Master Lease with City."
Councilman Diament moved the ordinance be passed as submitted. The ntotion was seconded
by Councilman Sherratt and carried on the following roll call vote; Ayes; Four,
Noes: None. Absent: Councilman Beckam, (1).
BILLS:
30. An itemized list of Claims against the City of Alameda and the Departments thereof
in the amount of $100,178.14 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 February 21, 1978, and presented to the City Council at this meeting be
allowed and paid. The motion was seconded by Councilman Sherratt and carried unanimously
on roll call vote.
ORAL COMMUNICATIONS:
31. Mr. Russ Sisung stated he agreed with Councilman Sherratt's comment that the cities
go directly to the State Legislature for relief from existing tax and revenue pressures.
FILING:
32. Financial and Operating Report, Bureau of Electricity, for 6 months ended
December 31, 1977.
33. Design Guidelines for Victorian Neighborhoods, A Restoration Handbook.
ADJOURNMENT:
34. Councilman Sherratt moved the Council retire to executive session for a discussion
of litigation, seconded by Councilman Diament, 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 11:40 o'clock p.m., to assemble in regular session on Tuesday, March 7, 1978,
at 7:30 o'clock p.m.
Respectully submitted,
CITY CLERK