1977-09-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY nF ALAMEDA
HELD TUESDAY SEPTEMBER 6, 1977
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The
Pledge of Allegiance was led by Councilman Diament and was followed by an Invocation
delivered by Father William Marshall, St. Albert's Catholic Church.
ROLL CALL:
The roll was called and Councilmen Diament, Sherratt, Tillman and President Corica,
(4), were noted present. Absent: Councilman Beckam, (1).
MINUTES:
1. Councilman Diament moved the minutes of the regular meeting held August 16, 1977,
be approved. The motion was seconded by Councilman Sherratt and carried unanimously
on voice vote of the members present.
WRITTEN COMMUNICATIONS:
2. From Alameda County Training and Employment Board /Associated Community Action
Program (ACTEB /ACAP) congratulating City on successes with Public Service Employment
Programs (CETA VI Projects).
The communication was received.
3. From Dr. and Mrs. Alden D. White, 888 Union Street; Mr. and Mrs. Leo Dorfman,
649 Waterview Isle; and Richard B. Marill, D.D.S., requesting fencing at the foot of
Union Street.
President Corica outlined the complaints and the recommendation of the City Engineer
to raise the area to street level and install fencing at the end of the street.
Mrs. Marill, 891 Union Street, elaborated on the problems experienced by the residents
and suggested the area be filled in and landscaped.
City Engineer Hanna explained the city could only fence the public right of way and the
adjacent owners would be responsible for fencing on their own property.
Following further discussion, Councilman Sherratt moved the recommendation of the City
Engineer be approved and the staff directed to work with the adjacent property owners.
The motion was seconded by Councilman Diament and was carried unanimously on voice vote
of the members present.
4. From Bay Conservation and Development Commission, signed by Charles Roberts,
Executive Director, regarding public access to the estuary along East Shore Drive and
Fernside Boulevard.
Mrs. Helen Freeman, 831 Laurel Street; Mr. Joseph Sullivan, 3221 Liberty and Mrs. Inez
Kapellas, 1128 College Avenue spoke against closing or abandoning these public access -
ways, and the history of the question.
Following lengthy discussion, Councilman Sherratt moved the report of the City Engineer
be forwarded to BCDC for their response, and the City Attorney report on the jurisdic-
tional question. The motion was seconded by Councilman Tillman and carried unanimously
on voice vote of the members present.
5. From Mr. Jim Payton, 2007 Clinton Avenue, resubmitting questions regarding recent
salary increases.
In response to Mr. Payton's request the letter be read in full, President Corica
noted copies were available, one was posted on the bulletin board and this letter
had been published in the Alameda Times -Star, people have the right to address the
Council on any topic on the agenda and stated he was reluctant to set a precedent
for reading communications in full.
The City Manager was directed to respond to the questions.
6. Petition from five residents of the 2200 block of San Antonio Avenue requesting
abatement of autos and trucks at 2225 San Antonio Avenue.
This request was referred to the Police Department for investigation and abatement.
7. From Mr. Harold J. Slack, 325 Kittyhawk Road, requesting an ordinance to prohibit
landlord discrimination against tenants with children.
Following discussion and hearing comments from Mr. Slack, Lolla Manibusan, 1602 Paru
Street and Frank Manibusan, the question was referred to the City Attorney for report.
REPORTS AND RECOMMENDATIONS:
8. From Auditor - Assessor, requesting refund of real property taxes erroneously levied
and collected.
Councilman Sherratt moved the request be approved and the resolution considered out
of order. The motion was seconded by Councilman Diament and carried unanimously on
voice vote of the members present.
RESOLUTIONS:
9. The following resolution was introduced by Councilman Sherratt, who moved its
adoption:
"Resolution No. 8772
Ordering Cancellation and Refund of Real Property Taxes
Erroneously Levied and Collected."
The motion to adopt said resolution was seconded by Councilman Diament and carried on
the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam,
(1)
REPORTS AND RECOMMENDATIONS:
10. From Planning Board, signed by the Secretary, submitting recommendation on Parcel
Map No. 2171 filed by Gary Flanders for property located at 1261 Weber Street.
Councilman Sherratt moved the report be accepted and the resolution considered out of
order. The motion was seconded by Councilman Diament and carried unanimously on voice
vote of the members present.
RESOLUTIONS:
11. The following resolution was introduced by Councilman Sherratt, who moved its
adoption:
"Resolution No. 8773
Approving Parcel Map No. 2171 for Division of Lots 111 and
112, "Map of the Encinal Park Tract ", Alameda, California,
Permitting Recording Thereof, and Finding Said Parcel Map
Consistent with City's General plan (1261 Weber Street,
Gary H. Flanders, Subdivider).
The motion to adopt said resolution was seconded by Councilman Diament and carried on
the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
REPORTS AND RECOMMENDATIONS:
12. From Golf Commission, signed by the Chairman, recommending the Driving Range
Complex be named for Lucius Bateman.
President Corica noted there would be more forthcoming at the time the complex is
dedicated.
Councilman Tillman moved adoption of the report. The motion was seconded by Councilman
Diament. Councilman Sherratt requested the report be accepted at this time since a
policy was not being adopted at this time. With the consent of the second, Councilman
Tillman amended his motion to state acceptance of the report. The motion was carried
unanimously on voice vote of the members present.
13. From the Recreation Commission, submitting recommendation on expenditures pertaining
to the Dwelling Unit Tax Fund.
It was noted the proceeds from the Dwelling Unit Tax go into the Park and Recreation
Fund and can only be used for that purpose, and that the Commission had reviewed budget
allocations. Councilman Sherratt moved the report be accepted. The motion was seconded
by Councilman Diament and carried unanimously on voice vote of the members present.
14. From the Recreation Commission, responding to request for fence construction between
Buena Vista Park and neighboring residences.
On request from Councilman Diament, Assistant City Manager Creagh responded the staff had
indicated a desire for a maximum of six months for a trial period and they would be
checking periodically with the neighbors to assess effectiveness of the measures taken.
Councilman Sherratt moved the recommendation to delay construction of a fence pending
review of actions taken to alleviate the problems be approved. The motion was seconded
by Councilman Diament and carried unanimously on voice vote of the members present.
15. From Assistant City Manager regarding request for speed limit marker on Ballena
Bay channel.
Mr. Tom Albin, representing Ballena Bay Townhouse Association, spoke in support of the
request.
Councilman Diament moved the request be approved and the ordinance be considered out of
order. The motion was seconded by Councilman Sherratt and carried unanimously on voice
vote of the members present.
INTRODUCTION OF ORDINANCES:
16. "Ordinance No. 1883,
New Series
Amending the Alameda Municipal Code by Adding Section
4 -323 Thereto Relating to Posting of Boat Speed Signs."
(Urgency Ordinance)
Councilman Sherratt moved the ordinance be introduced and passed. The motion was
seconded by Councilman Diament and carried on the following roll call vote. Ayes:
Four. Noes: None. Absent: Councilman Beckam, (1).
REPORTS AND RECOMMENDATIONS:
17. From Assistant City Manager transmitting application for a permit to dredge and
fill property along lagoon by Alameda Hospital.
Pam McCann, 2020 Clinton Avenue, objected to issuing the permit, commented on a juris-
dictional question between the City and the Corps of Engineers and urged no action be
taken pending clarification of the matter.
Following discussion, action on the request was deferred pending clarification of the
jurisdictional question, and reports from the City Engineer and City Attorney.
18. From City Manager reporting all work satisfactorily completed on project of
completion of Cart Storage Building, recommending it be accepted and Notice of
Completion ordered filed.
Councilman Sherratt moved the report be adopted, and the Notice of Completion ordered
filed. The motion was seconded by Councilman Diament and carried unanimously on
voice vote of the members present.
19. From City Manager reporting all work satisfactorily completed on project of
resurfacing of Eighth, Grand and Willow Streets, recommending it be accepted and
the Notice of Completion ordered filed.
Councilman Sherratt moved the report be adopted and the Notice of Completion ordered
filed. The motion was seconded by Councilman Diament and carried unanimously on voice
vote of the members present.
20. From Assistant City Manager transmitting report on petition to have sidewalk
installed along the south side of San Antonio Avenue westerly of Ninth Street.
Councilman Sherratt moved the report be accepted and the City Engineer be instructed to
proceed. The motion was seconded by Councilman Diament and carried unanimously on
voice vote of the members present.
21. From Assistant City Managerrequesting authorization to purchase furnishings and
equipment for Buena Vista Neighborhood Park building.
Councilman Diament moved the report be accepted and the requested purchases be
authorized, not to exceed $4,000. The motion was seconded by Councilman Sherratt and
carried unanimously on voice vote of the members present.
22. From Assistant City Manager transmitting report from City Engineer concerning
revocable permit for public right of way encroachment at 936 Eagle.
It was noted the applicant had withdrawn the request and would be working with Design
Review Board staff to solve his design problem.
Councilman Diament moved the report be accepted. The motion was seconded by Council-
man Sherratt and carried unanimously on voice vote of the members present.
23. From Assistant City Manager recommending employment of a consultant to prepare
an EIR for the proposed Senior Center at 8th and Westline.
Mr. Joseph Sullivan objected to allocating any more money for this proposed site which
he charged was inaccessible.
Councilman Sherratt stated the purpose of the EIR was to investigate that site as far
as traffic, neighbors and other determining factors in order to make a final decision.
Following discussion, Councilman Sherratt moved the report be accepted and the contract
be awarded to EIP Corporation. The motion was seconded by Councilman Tillman. City
Attorney Stroud requested the prepared resolution awarding the contract be adopted.
With the consent of the second, Councilman Sherratt amended his motion to include
the resolution be considered out of order.
The motion carried unanimously on voice vote of the members present.
RESOLUTIONS:
24. Councilman Sherratt int reuced the following resolution and moved its adoption:
"Resolution No. 8774
Authorizing Execution of Agreement with Environmental Impact
Planning Corporation in Connection with Preparation of an
Environmental Impact Report on the Senior Citizens Center."
The motion to adopt said resolution was seconded by Councilman Diament and carried on
the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
REPORTS AND RECOMMENDATIONS:
25. Mrs. Darlene Banda, 919 Del Mar, commented on the item just considered and stated
she felt the EIR should have been done prior to the site study.
On request by Councilman Sherratt, City Attorney Stroud replied an EIR could not be
done until a description of the project had been completed. He stated no final action
could take place until the Council had looked at and considered the EIR.
26. From Assistant Planning Director recommending employment of a consultant to prepare
an EIR for Marina Village.
This item was held over to the next meeting.
27. From City Manager submitting Final Budget and Tax Rate for 1977 -1978 Fiscal Year.
The City Manager noted the preliminary budget had been adopted in June and since then
some of the unknowns had been determined. He stated the operating budget totalled
$13,980,000; and including federal and state funding to support operations bring the
total to S15,165,000; with the proposed tax rate set at S2.45 which represented a
reduction of $.07. He noted the local taxes comprised 42% of total revenue and was not
adequate to support police and fire operations. Two additional items had been received
subsequent to preparation of the report: (1) an apparent assessment against the City by
the County Health Department for examining the dump and suggested this item, along
with others that may come up during the year be handled by the Contingency Fund; (2)
a letter was received today from the publisher of the Alameda Times -Star requesting
53500 be set aside for the Progress Edition and Mr. Goss noted the budget, at the
Council's direction, contained 52,000 for this purpose within the Community Promotion
portion of the budget. On question, Mr. Goss commented on some of the increased
revenue sources and noted these had allowed the $.07 reduction rather than the
S.04 to S.05 decrease originally considered. He provided an explanation of the
estimated revenue increase by utilizing the County's roll and estimated the increase
at S431,000.
Inez Kapellas, objected to a decrease of only
general.
.07, salary increases and taxes in
General discussion of commercial property tax rates, uncontrolled expenses to the
city to provide workers compensation, pension and insurance costs and measures taken
to decrease the budget followed.
Councilman Sherratt moved the report be accepted and the resolutions adopting the
budget and setting the tax rate be considered out of order. The motion was seconded
by Councilman Tillman and carried unanimously on voice vote of the members present.
RESOLUTIONS:
28. The following resolution was introduced by Councilman Sherratt, who moved its
adoption:
"Resolution No. 8775
Approving and Adopting a Budget for the Fiscal Year 1977 -1978;
Appropriating Certain Moneys for the Expenditures Provided in
Said Budget for Said Fiscal Year and Ratifying Certain Expendi-
tures Heretofore Made."
The motion to adopt said resolution was seconded by Councilman Tillman and carried on
the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
29. The following resolution was introduced by Councilman Sherratt, who moved its
adoption:
"Resolution No. 8776
Fixing the Rate and Levying a Tax on all Real and Personal
Property in the City of Alameda for the Fiscal Year 1977 -1978 and
Apportioning the Same Among the Several Funds of the City."
The motion to adopt said resolution was seconded by Councilman Tillman and carried on
the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
REPORTS AND RECOMMENDATIONS:
30. From City Manager recommending transfer of funds to Police Secret Fund.
Councilman Tillman moved 5500 be transfered to the Police Secret Fund. The motion was
seconded by Councilman Sherratt and carried unanimously on voice vote of the members
present.
UNFINISHED BUSINESS:
31. Continued from regular meeting of August 16, 1977:
(a) Appointment to Design Review Board.
President Corica noted a suggestion had made for the nomination at the last meeting,
a discussion of the ordinance provisions arose, and it had been determined the ordinance
specified a registered architect be appointed. He noted the one application received
from an architect indicated he would not be able to attend the regular Monday night
meetings of the Board, and the ordinance did allow another appointment if the specific
qualification could not be met. President Corica placed in nomination the name of
Robert Wood. There was no second.
Following discussion, Councilman Diament suggested Mrs. Brewer be renominated.
President Corica placed in nomination the name of Penelope G. Brewer. The nomination
was seconded by Councilman Diament and following further discussion, carried unanimously
on voice vote of the members present.
The City Attorney was requested to prepare the appointing resolution for the next meeting.
32. Consideration of following items brought up under "New Business" at regular meeting
held August 16, 1977:
(a) Councilman Beckam - request for discussion of trips.
Due to Mr. Beckam's absence, the item was held over to the next meeting.
(b) Councilman Tillman - request for policy statement that any public building, park,
geographic area shall not bear information, scroll or plaque without approval of a
majority of the Council.
Councilman Tillman moved the resolution be considered out of order. The motion was
seconded by Councilman Sherratt and carried unanimously on voice vote of the members
present.
RESOLUTIONS:
33. The following resolution was introduced by Councilman Tillman, who moved its
adoption:
"Resolution No. 8777
Requiring Council Approval of the Wording of Plaques, Scrolls
or Dedications on Public Facilities."
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 Beckam, (1).
The City Manager requested clarification if this policy applied to the usual or
routine directional or informational signs in parks, for example. It was the consensus
of the Council this policy would apply to plaques or commemorations.
UNFINISHED BUSINESS:
34. Continuation of items brought up under "New Business" at meeting held August 16,
1977:
(c) Councilman Sherratt - regarding owner notification that dog license is about to
expire.
Councilman Sherratt moved owner notification be incorporated in next year's billing, as
suggested in the staff's report. The motion was seconded by Councilman Diament and
carried unanimously on voice vote of the members present.
(d) Councilman Beckam - regarding canvass of dogs taken two years ago.
Held over to next meeting.
(e) Councilman Tillman - regarding Beach Erosion Committee membership.
Councilman Diament withdrew her membership on the committee, due to her other
commitments.
NEW BUSINESS:
35. Councilman Diament commented on the program developed by the State Department which
had been recently bringing visitors to Alameda from Germany, Sweden and Finland.
RESOLUTIONS:
36. Councilman Sherratt introduced the following resolution and moved its adoption:
"Resolution No. 8778
Approving Map Showing Location of Proposed City Street Construction
Work to be Performed with the 1977 -1978 Fiscal Year Moneys Payable
by County of Alameda Under Mayors' Formula and Derived From
State Highway Users Tax Fund."
The motion was seconded by Councilman Diament.
Betsy Bongiovanni, 3201 Thompson Avenue, requested an explanation of the funds
allocated for Fernside.
City Engineer Hanna responded with a detailed explanation of recommended projects,
the allocation for Fernside, and the process involved in planning its extension.
He noted the fund, including the recommended appropriation this year now totaled
S216,000; a current construction estimate was S800,000 for the complete project;
and over the period of next year expected some of the questions to be solved which
would allow a more specific estimate and consideration of how it could be funded.
Dave Plummer, 1405 High Street, urged speedy action on the construction.
Following further discussion, the resolution was adopted by the following roll call
vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
37. Councilman Sherratt introduced the following resolution and moved its adoption
"Resolution No. 8779
Appointing Member of the Design Review Board." (Janet S. Alcorn)
The motion was seconded by Councilman Diament and carried on the following roll
call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
The Clerk administed the Oath of Office to Ms. Alcorn.
38. Councilman Sherratt introduced the following resolutions and moved their
adoption:
"Resolution No. 8780
Appointing Member of the Social Service Human Relations Board."
(Dorothy C. Allen)
"Resolution No. 8781
Appointing Member of the Social Service Human Relations Board."
(Louis R. Baca)
"Resolution No. 8782
Appointing Member of the Social Service Human Relations Board."
(Darlene M. Banda)
"Resolution No. 8783
Appointing Member of the Social Service Human Relations Board."
"Carolyn M. Blaisdell)
"Resolution No. 8784
Appointing Member of the Social Service Human Relations Board."
(Aquilino M. Corpus)
"Resolution No. 8785
Appointing Member of the Social Service Human Relations Board."
(Lolla Manibusan)
"Resolution No. 8786
Appointing Member of the Social Service Human Relations Board."
(Linda I. Pritchard)
"Resolution No. 8787
Appointing Member of the Social Service Human Relations Board."
(George W. Skells)
"Resolution No. 8788
Appointing Member of the Social Service Human Relations Board."
(Clarine A. Souza)
The motion was seconded by Councilman Diament and carried on the following roll call
vote. Ayes: Four. Noes:None. Absent: Councilman Beckam, (1).
The Clerk administered Oaths of Office to newly appointed members Louis R. Baca,
Darlene M. Banda, Aquilino M. Corpus, Lolla Manibusan, and George W. Skells.
The President announced that since these were the first appointments to the new
Social Service Human Relations Board, it would be necessary to draw lots to determine
the length of each term. The results of the draw were as follows: Dorothy C.
Allen - 1 year; Louis R. Baca - 3 years; Darlene M. Banda - 2 years; Carolyn M.
Blaisdell - 4 years; Aquilino M. Corpus - 3 years; Lolla Manibusan - 2 years; Linda I.
Pritchard - 4 years; George W. Skells - 1 year; and Clarine A. Souza - 4 years.
39. Councilman Sherratt introduced the following resolution and moved its adoption:
"Resolution No. 8789
Adopting Specifications, Special Provisions and Plans for
Resurfacing of the Tennis Courts at Franklin Park, Calling
for Bids and Directing City Clerk to Advertise Same."
The motion was seconded by Councilman Diament and carried on the following roll
call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
40. Councilman Sherratt introduced the following resolution and moved its adoption:
"Resolution No. 8790
Authorizing Execution of Agreement for Consultant Services
with Luxenberg and Alff for the Preparation of a Restoration
Manual for Victorian Areas Containing Design Guidelines Regarding
Visual Integration of Old and New Structures in the City of Alameda."
The motion was seconded by Councilman Tillman.
Housing Planner Mike Church noted this agreement was the result of an application
which had been approved for funding by the National Endowment for the Arts and
was intended to develop a restoration manual which would be specific to Alameda and
could be utilized in many areas of the city.
Mrs. Inez Kapellas, questioned which area would be studied. Mr. Church responded
the guideline area was bounded by Park to Union and Encinal to the lagoon. and
represented a typical mixture of housing styles. Mrs Kapellas urged the study
area be enlarged. Discussion of the application process followed.
George W. Skells, 2624 Clay Street, mentioned the house the Victorian Preservation
Society had managed to save.
At the conclusion of lengthy discussion, the motion carried on the following roll call
vote. Ayes: Four. Noes; None. Absent: Councilman Beckam, (1).
41. Councilman Sherratt introduced the following resolution and moved its adoption:
"Resolution No. 8791
Supporting East Bay Regional Park District Program to
Enforce Harbor and Navigation Laws in Bay Waters Within
the City Limits."
The motion was seconded by Councilman Diament and carried on the following roll call
vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
42. Councilman Diament introduced the following resolution and moved its adoption:
"Resolution No. 8792
Authorizing Execution of Contract with Alameda County
Training and Employment Board." (Title II)
The motion was seconded by Councilman Sherratt and carried on the following roll call
vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
43. Councilman Diament introduced the following resolution and moved its
adoption:
"Resolution No. 8793
Authorizing Execution of Contract with Alameda County Training
and Employment Board." (Title VI)
The motion was seconded by Councilman Sherratt and carried on the following roll
call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1)
44. Councilman Diament introduced the following resolution and moved its adoption:
"Resolution No. 8794
Authorizing Execution of Contracts with the Housing Authority
of the City of Alameda."
The motion was seconded by Councilman Sherratt and carried on the following roll call
vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
The President declared the foregoing resolutions adopted.
INTRODUCTION OF ORDINANCES:
45. "Ordinance No. 1884,
New Series
Amending Section 17 -344.1 of the Alameda Municipal Code
Relating to 24- Minute Parking Limits. (Urgency Ordinance)
Councilman Diament moved the ordinance be introduced and passed. The motion was
seconded by Councilman Sherratt and carried on the following roll call vote. Ayes:
Four. Noes: None. Absent: Councilman Beckam, (1).
BILLS:
46. An itemized List of Claims against the City of Alameda and the Departments thereof
in the total amount of S279,676.20 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 September 6, and presented to the City Council at this meeting be
allowed and paid. The motion was seconded by Councilman Sherratt and carried unanimously
on voice vote of the members present.
ORAL COMMUNICATIONS, GENERAL:
47. Joseph Sullivan commented on taxing commercial institutions based on income
rather than assessed value of property and suggested this method be applied to
senior citizens.
48. Inez Kapellas questioned why the proposed EIR for Marina Village had not been put
out to bid.
On request, the City Manager explained that normally in this type of situation, a
number of firms have filed letters of interest in specific types of projects; and
when a project becomes available, those firms indicating an interest are contacted and
invited to submit proposals.
President Corica requested information on the proposals received and costs involved.
49. Lolla Manibusan asked for clarification of the funding for restoration. The
Assistant City Manager resp)nded to her questions and explained the purposes of
the manual and the housing rehabilitation loan program.
FILING:
50. Financial Report of the City of Alameda as at June 30, 1977.
51. Final Budget - Fiscal Year ending June 30, 1978.
52. Specifications, Special Provisions and Plans for Resurfacing of the Tennis
Courts at Franklin Park.
53. Agreement with Luxenberg and Alff re Preparation of Restoration Manual.
54. Contracts with ACTEB re CETA Titles II and VI.
55. Contract with Housing Authority re CETA.
56. Agreement with Environmental Impact Planning Corporation re EIR on Senior Center.
ADJOURNMENT:
57. There being no further business to come before the meeting, the Council
adjourned at 10:12 p.m. to assemble in regular session on Tuesday, September 20,
1977, at 7:30 o'clock p.m.
Respectfully submitted,
Deputy City Clerk