1977-12-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY DECEMBER 6, 1977
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 Dr. Wilfred Hodgkin, Rector of Christ Episcopal Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman and
President Corica, (5), were noted present. Absent: None.
MINUTES:
1. Councilman Tillman asked that the minutes of the regular meeting held November 15
be corrected by adding to Item 14, concerning the proposals for CETA Title VI,
Round III, that upon his questioning the number of CETA employees, the City Manager
had replied there were 109.
Councilman Diament moved the minutes of the meeting of November 15, as amended, and
the minutes of the special meeting held November 29, 1977, be approved. The motion
was seconded by Councilman Tillman and carried unanimously on voice vote. Councilman
Sherratt abstained from voting on the minutes of November 15, because of his absence
from that meeting.
WRITTEN COMMUNICATIONS:
2. From the Alameda High School Fact Finding Committee, signed by the Superintendent
of Schools, requesting permission to distribute a questionnaire and floor plans of
the HIgh School to City departments for information concerning uses of the facility.
Councilman Sherratt suggested the distribution be handled by the City Manager's
office, and a report be prepared for consideration before responding to the District.
President Corica so ordered.
Mrs. Inez Kapellas, Chairman of the Committee, asked that the City Council also
inform the Committee whether or not they had a use or would propose a use for the
building. She reported the Committee would be in existence only until January 24, 1978.
3. From the Bay Farm Island Reclamation District No. 2105, signed by the President,
requesting termination of the bond obligation on the Fill Agreements.
Councilman Beckam moved the report on the subject be taken out of order, seconded by
Councilman Sherratt.
Councilman Tillman said he would be in favor of an acceptance date of January 1, 1978,
with the bond to run for an additional three year period. He stated this would allow
time to test the rock riprap which had been added and completed in October. President
Corica concurred.
There followed a discussion of the Fill Agreements. City Engineer Hanna reported that
in this instance the Agreements provided that in addition to the conditions required
— by the Municipal code, the bond shall be conditioned for three years after certification
of completion. He requested Council permission to certify completion of the filling
work contemplated under the Agreements.
Mr. Lynn Lee, representing the Reclamation District, stated the Board of Directors
would take no exception to extending the bond for three years.
Councilman Sherratt moved the City Engineer be directed to certify completion of the
filling work contemplated to be done under the Fill Agreements referred to, and
the 550,000 performance bond remain in full force and effect for three years. The
motion was seconded by Councilman Diament and carried unanimously on voice vote.
4. From Mr. Max M. Saavedra, 633 Haight Avenue, concerning issuance of a Permit
to operate a taxicab business in the City.
Assistant City Manager Creagh reported Mr. Saavedra's several applications for a
Permit had been denied and he had been advised by both himself and the City Clerk of
the procedure for filing an appeal to the City Council, which he had not done.
Councilman Sherratt moved acceptance of the communication, seconded by Councilman
Diament, carried unanimously on voice vote.
5. From the East Shore Home Owners' Association, signed by the President, protest-
ing excessive noise from the Oakland Airport.
President Corica reported the City Manager had been in telephone contact with the
Port of Oakland concerning the complaint, and would advise the Council upon receipt
of a reply, with a copy to the Association.
6. From Mr. Jim Payton regarding the proposal to name a citizens' panel to look
into City government.
The communication was received.
7. From Mrs. Nancy Wehr, 3279 Washington Street, submitting a petition from resi-
dents expressing concern with traffic coming from the Fernside Extension.
President Corica suggested the matter be referred to the Traffic Advisory Commission,
and the signers of the petition be notified of the date of their next meeting.
Mrs. Helen Cable, 3276 Washington Street, asked if Washington Street would be the
only street open to through traffic to Fernside Boulevard. She noted barriers had
been placed on all other streets in the area.
City Engineer Hanna reported the matter would be placed on the agenda of the Commis-
sion meeting to be held on December 14. Councilman Sherratt requested copies of the
minutes of that meeting be transmitted to the Council.
Mrs. Amey Stone, 1623 High Street, asked how many streets would extend into the
Fernside extension. Councilman Sherratt noted that at this point no firm plans had
been made concerning the extension.
8. From Mr. J. Paul Gutleben, 2844 San Jose Avenue, requesting a waiver of Parcel
Map requirements for properties located at 1917 and 1919 Stanford Street.
Following a discussion at this and a later time in the meeting, President Corica
directed the matter be continued for consideration at the next regular meeting
to be held on December 20, 1977.
9. From Mrs. Ramilda Kint, 471 Pacific Avenue, requesting a waiver of Parcel Map
requirements for properties located at 457 and 461 Pacific Avenue.
Councilman Beckam moved approval of the request and the resolution be taken out of
order, seconded by Councilman Sherratt, carried by unanimous voice vote.
RESOLUTIONS:
10. The following resolution was introduced by Councilman Diament, who moved its
adoption:
"Resolution No. 8827
Waiving Parcel Map Requirements of the Subdivision Map Act
for Property Located at 457 and 461 Pacific Avenue in the
City of Alameda."
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.
WRITTEN COMMUNICATIONS:
11. From Mr. Louis DiMenco, 2624 West Avenue 133rd, San Leandro, requesting waiver
of Parcel Map requirements for properties located at 508 and 510 Haight Avenue.
The request was referred to the City Engineer for review and report.
12. From Harbor Bay Isle Associates, signed by Mr. Oscar Barry, Senior Vice President,
appealing decision of the Planning Board for a proposed amendment of PD 74-3 and
Tract 3645 modifying the bridge design for the Bridgeway Lagoon Crossing in Harbor
,Bay Isle.
President Corica reported a detailed report and recommendation had been transmitted
to the City Council on the matter.
Councilman Tillman moved a hearing date be set, seconded by Councilman Sherratt,
carried unanimously on voice vote.
The hearing on the appeal was set for December 20, 1977.
HEARINGS:
13. In the Matter of an Appeal filed by Mr. Clarence Peterson, Operator of Studio 99,
1543 Webster Street, to an administrative action revoking his license to operate a
massage parlor.
President Corica explained the procedure to be followed. City Attorney Stroud noted
this was an appeal under Section 13-218 of the Municipal Code and was not a public
hearing; that it was Mr. Peterson's task to tell the Council what specifically was
in error in the Hearing Officer's findings of November 10, and to present evidence
indicating those findings are in error.
A verbatim transcript of the hearing is on file in the office of the City Clerk and
is incorporated herein and made a part of the minutes of this meeting.
At the conclusion of the hearing, Councilman Tillman moved denial of the permit. The
motion was seconded by Councilman Beckam.
Councilman Beckam suggested the motion be amended to include that the City Council
find that the allegations of the August 10 letter and the report of the Hearing
Officer of October 28 are substantiated. Councilman Tillman agreed to the amendment,
which Councilman Beckam seconded. The motion, as amended, carried unanimously on
voice vote.
REPORTS AND RECOMMENDATIONS:
14. From the Planning Board, signed by the Secretary, concerning the proposed
abandonment of additional right-of-way along County Road northerly of Mecartney
Road.
Councilman Sherratt moved acceptance of the report and the resolution be taken out
of order, seconded by Councilman Diament, carried by unanimous voice vote.
RESOLUTIONS:
15. The following resolution was introduced by Councilman Sherratt, who moved its
adoption:
"Resolution No. 8828
Declaring Intention of Council to Order Vacation of a Portion
of County Road Northerly of Mecartney Road, a Public Street in
the City of Alameda, Referring to Certain Map for Particulars
Thereof, Fixing Time and Place for Hearing Thereon, and Ordering
Publication and Posting of Notices of said Proposed Vacation."
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.
President Corica reported the hearing was set for January 3, 1978.
REPORTS AND RECOMMENDATIONS:
16. From the Planning Board, signed by the Secretary, submitting recommendation on
Tentative Map for Tract 3922, a five-lot subdivision at Otis and Westline Drives.
Applicant: California-Nevada Methodist Homes.
Councilman Beckam moved approval of the findings and recommendations of the report,
and the resolution be taken out of order; seconded by Councilman Sherratt, carried
on unanimous voice vote.
RESOLUTIONS:
17. The following resolution was introduced by Councilman Diament, who moved its
adoption:
"Resolution No. 8829
Approving Tentative Map for Tract 3922, a Division of Property
Located on the South Side of Otis Drive at Westline Drive,
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."
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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.
REPORTS AND RECOMMENDATIONS:
18. From the Planning Board, signed by the Assistant Planning Director, submitting
recommendations regarding shoreline improvements in PD application for Tract 3810 of
Harbor Bay Isle.
Councilman Beckam moved acceptance of the report, seconded by Councilman Diament,
carried by unanimous voice vote.
19. From the Planning Board, signed by the Secretary, submitting recommendation on
Rezoning Application R-77-8, a reclassification from R-5-PD, General Apartment District
with a Planned Development Overlay to R-1-PD, Single Family Residential District with
a Planned Development Overlay at 520-530 Central Avenue.
The hearing date was set for December 20, 1977.
20. From the City Manager transmitting the City Engineer's recommendation on Reclam-
ation District No. 2105 Fill Agreement Bond.
President Corica remarked this report had been considered under "Written Communications."
21. From the Assistant City Manager regarding adoption of a new Social Service Human
Relations Board project.
Councilman Sherratt moved acceptance of the report and the Board be instructed to
pursue their project with the well wishes of the Council in their undertaking. The
motion was seconded by Councilman Beckam and on voice vote carried unanimously.
Councilman Diament suggested the Board might ask the United Way for assistance.
Councilman Sherratt reported the Alameda County Human Services Council had published
documents on the identification of areas of human/social service needs and should be
contacted.
22. From the City Manager regarding the 1977-79 Capital Improvement Program - 1977
Miscellaneous Park and Pool Improvements (Project 77-8).
Councilman Sherratt moved acceptance of the report and the resolution be taken out
of order, seconded by Councilman Beckam, carried by unanimous voice vote.
RESOLUTIONS:
23. The following resolution was introduced by Councilman Diament, who moved its
adoption:
"Resolution No. 8830
Approving the Application for Grant Funds Under the Roberti-
Z'berg Urban Open-Space and Recreation Program (Block Grant
Program)."
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:
24. From the City Manager recommending award of contract for the construction of
a roadway and parking lot at Lincoln Park, Fernside Boulevard south of Liberty
Avenue, and resurfacing of the courts at Godfrey Park, to 0. C. Jones & Sons, lowest
and best bidder.
Councilman Beckam moved award of the contract to O. C. Jones & Sons, for the specified
project. The motion was seconded by Councilman Diament and carried unanimously by
voice vote.
Councilman Sherratt asked that the Recreation Department report on the criteria for
the locking of the gate, i.e., why it is locked or unlocked at certain times, when
it is open, who will have access, et cetera.
25. From the City Manager requesting permission to apply for Energy Element funding.
Planning Director Patterson reported numerous California cities were beginning to
take an active part in carrying out national energy goals, and the Planning Depart-
ment wished approval to submit an application for funding to the State Energy
Resources Conservation and Development Commission.
Councilman Beckam moved approval of the request, seconded by Councilman Sherratt,
carried by unanimous voice vote.
Councilman Tillman noted the study would include, among other things, improvement
of local mass transit facilities and the feasibility of using solid wastes for fuel
for electrical energy production.
26. From the City Manager reporting completion of public improvements in connection
with Parcel Map No. 2159, recommending acceptance and release of bond. (Northwest
corner of Union Street and Alameda Avenue - William D. and Anne S. Olson, Sub-
dividers).
Councilman Beckam moved approval of the recommendation, seconded by Councilman
Sherratt, carried unanimously by voice vote.
UNFINISHED BUSINESS:
27. Consideration of following item brought up under "New Business" at regular
meeting held November 15, 1977: Proposal of President Corica regarding formation
of Citizens Committee to conduct efficiency evaluation of City's municipal operation.
President Corica reported the sole duty of the Ad Hoc committee would be to investi-
gate and evaluate City government to see if it could be run more efficiently and
economically; that the committee would be composed of members from private industry,
and he would suggest the guidelines and charges to the committee be done at a public
meeting.
Councilman Sherratt suggested the committee be immediately charged to meet and set
down their goals and objectives for submission to the Council; that the City
Manager's office be directed to work with and supply information necessary to the
committee.
Councilman Tillman concurred. He stated he would like to see a final report by
April 1, 1978, so it would be taken into consideration in connection with the
annual budget.
Councilman Sherratt stated he would hope one of the things the committee would bring
out would be the relationship of CETA employees to City government.
Mrs. Inez Kapellas asked if employees would lose their jobs, if this were a recommend-
ation of the committee.
Councilman Tillman stated there was a good possibility the City did not have suffi-
cient staff to operate efficiently, and the committee would be asked to evaluate this
also. Councilman Beckam concurred.
Councilman Beckam placed in nomination the name of Mr. Richard E. Persoff.
Councilman Sherratt placed in nomination the name of Mr. Don Gehb.
Councilman Diament placed in nomination the name of Mr. Art Briscoe,
Councilman Tillman placed in nomination the name of Mr. Jim Payton.
President Corica placed in nomination the name of Mark E. Hupp, Jr.
Councilman Sherratt suggested President Corica address a letter to each individual
notifying them of their appointment to the committee and setting a date for their
initial meeting.
28. Councilman Tillman commented on a letter received from Congressman Stark advising
that money for the Alameda Beach Project had not been included in this year's Federal
budget.
Following discussion, Councilman Tillman requested that a communication be addressed
to Congressman Stark, Senator Cranston, and others explaining this project and the
Beach Erosion Demonstration Pro'ect,
29, Councilman Tillman questioned the possible interest of the East Bay Regional
Park District in the shoreline park on Bay Farm Island. He moved President Corica
write to the District inquiring as to their interest. The motion was seconded by
Councilman Diament and carried unanimously on voice vote.
30, Councilman Tillman reported on his recent guided tour of the Naval Air Station
facilities.
Councilman Sherratt suggested the Council look at alternatives or impacts on the
community should the Naval Air Station be removed. President Corica voiced his
opposition to this proposal, noting the close relationship which had always existed
between the City and NAS administrative officers.
Mrs. Inez Kapellas and Ms. Linda Pritchard voiced their opinions.
31. Councilman Beckam asked President Corica if he had contacted the Chairman of
the Planning Board to ascertain if that Board would be satisfied with action minutes.
President Corica stated he had not, but would do so 3h0rtly,
32, City Attorney Stroud requested a hearing date be set on the rezoning request of
the Housing Authority concerning the Parrot Avenue site of the Makassar Housing
project.
Councilman Beckam moved the matter be placed on the agenda of December 20, 1977 for
public hearing, seconded by Councilman Diament, carried by unanimous voice vote.
NEW BUSINESS:
33. Councilman Diament commented on the need for a public telephone booth on Bay
Farm Island.
The City Manager was directed to look into this.
34, President Corica commented on beautification of the vacant parcel of land at the
corner of Otis Drive and Oak Street, and the area near the Bay Farm Island Bridge,
by private individuals or organizations. He stated he had contacted Mr. Franz
Collischon who had reported the Homeowner's Association would approve improvement
of the Otis-Oak site, and Dr. Robert French had volunteered his expertise and labor
in that area and the area of the Bridge. He asked for endorsement by the CounCil.
Councilman Sherratt reported the Rotary Club had expressed an interest in these
projects also. He moved approval of the concept and referral to the City Manager,
seconded by Councilman Diament, carried unanimously by voice vote.
RESOLUTIONS:
35. The following resolution was introduced by Councilman Sherratt, who moved its
adoption:
"Resolution No. 8831
Authorizing Execution of Agreement with Housing Authority
of the City of Alameda Relating to Legal Representation
for said Authority (Master Contract)."
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.
36. The following resolution was introduced by Councilman Beckam, who moved its
adoption:
"Resolution No. 8832
Authorizing Execution of Agreement with Housing Authority
of the City of Alameda Relating to Legal Representation
for said Authority."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried
on the following roll call Vote, Ayes: Five. Noes: N0De, Absent: NoD8,
37. The following resolution was introduced by Councilman Diament, who moved its
adoption:
"Resolution No. 8833
Amending Salary Resolution No. 8763 by Creating One (1)
Position of Administrative Clerk (CETA) and Deletion of
One (1) Position of Junior Typist Clerk /CETA\ in the
Personnel Department."
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.
The President declared the foregoing Resolutions adopted.
INTRODUCTION OF ORDINANCES:
38. "Ordinance No. 1896,
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. The
motion was seconded by Councilman Sherratt and carried on the following roll call
vote. Ayes: Five. Noes: None, Absent: None.
39. Councilman Diament introduced the following ordinance, after which it would be
laid over under provision of law and the Charter:
"Ordinance NO.
New Series
Amending the Alameda Municipal Code by Amending Article 3
of Chapter 2, Title XVI Thereof, Defining and Regulating
Bingo for Authorized Organizations, Prescribing Penalty
for Violation Thereof, and Relating to Citation Procedure
for Violations."
The motion was seconded by Councilman Sherratt and carried on the following roll call
vote. Ayes: Five. Noes: N0D8, Absent: None.
40. Councilman Beckam introduced the following ordinance, after which it would be
laid over under provision of law and the Charter:
"Ordinance No.
New Series
Amending the Alameda Municipal Code by Adding Article 2 to
Chapter 13 of Title III Thereof, Establishing a Dwelling Unit
Tax for Mass Transit and Non-Motorized Transit Purposes."
The motion was seconded by Councilman Sherratt.
President Corica noted one of the recommendations of the Planning Board in its
consideration of Tract 3810 was that Harbor Bay Isle Associates would make a $25,000
traffic study.
Councilman Diament stated the Planning Board had discussed this very thoroughly and
the minutes of their October 3 meeting indicated their specific concerns about what the
service should be from Harbor Bay Isle, i.e., free service for residents paid for
through Association dues, an internal shuttle bus, and they were all related to
mitigating the impact of the traffic which would be generated by the development.
She stated she felt the Council should await the study.
Councilman Sherratt stated he had never suggested that the City operate a bus system.
Mr. Joseph Sullivan, 3221 Liberty Avenue, asked that the Council allow the people to
decide whether or not they wished to go into the transportation business bv submitting
it to a referendum vote. He repeated his previously expressed opposition by
adoption
of the ordinance.
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Mrs. Amey Stone and Mrs. Inez Kapellas also expressed their opposition.
Following a lengthy discussion of what the funds would be used for, the definition
of "mass transit" and "non-motorized transit", and alternatives, Councilman Beckam
moved his introduction of the ordinance be amended to delete the word "mass" from
the title and context and insert the word "public". The original motion, as
amended, was seconded by Councilman Sherratt.
On a call for the question, the motion to introduce the amended ordinance carried
OD the following roll call vote. Ayes: Three. Noes: Councilman Diament and
President Corica, (2). Absent: None,
BILLS:
41. An itemized List of Claims against the City of Alameda and the Departments
thereof in the amount of $223,597.03, 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 December 6, 1977, 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, GENERAL:
42. Mrs. Josephine BiXler, 814 Haight Avenue, as a Member of the Mayor's Committee
for Handicapped, questioned when the project of curb cuts would commence.
Mr. Rob Wonder, Assistant to the City Manager, reported $47,000 had been allocated
for the target area and the Engineering Department was attempting to work it into
their schedule. He stated a report would be made to the Committee as soon as the
information was available.
FILING:
43. Agreement between City and Housing Authority for Legal Representation (Master
Contract).
44. Agreement between City and Housing Authority for Legal Representation.
45. Councilman Sherratt moved the Council retire to executive session for a dis-
cussion of litigation and personnel 0att8rs. The motion was seconded by Councilman
Diament and carried unanimously on voice vote. At the conclusion of discussion
it was determined no action would be taken at this time.
ADJOURNMENT:
46. There being no further business, the meeting was adjourned at 11:50 p.m. to
assemble in regular session on Tuesday, December 20, 1977, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk