1977-07-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - JULY 5, 1977
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The
Pledge of Allegiance was led by Councilman Beckam and was followed by an Invocation
delivered by the Reverend Mervin R. Megill, Pastor of the Immanuel Baptist Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman and
President Corica, (5), were noted present. Absent: None.
1. President Corica welcomed students of the Encinal High School government class.
2. President Corica expressed appreciation to all who had organized and participated
in the July 2-3 Cultural Event and the Fourth of July parade. He noted these affairs
would continue in the future years.
MINUTES:
3. Minutes of the adjourned regular meeting held May 24, regular meetings held
June 7 and June 21, and special meetings held June 20, 1977, were approved as
submitted.
Note: The proceedings of the City Council meetings are taped in their entirety.
The tapes are on file in the office of the City Clerk.
WRITTENCOMMUNICATIONS:
4. Petition signed by 22 residents of Buena Vista Park complaining of public nuisance
in vicinity of basketball court.
Referred to staff for report.
5. From Mr. and Mrs. Noel Folsom, 1901 Sandcreek Way, concerning perimeter area of
Harbor Bay Isle project.
Referred to file. City Manager requested to prepare a summary of staff memoranda
on subject for next meeting.
6. Presentation by Alameda County Flood Control and Water Conservation District
of Drainage Study for City of Alameda.
Mr. Paul E. Lanferman, Engineer-Manager, outlined the functions and duties of
the District, zone formation and available services. Mr. Jack Lindlay, Supervising
Engineer, noted this was an interim study which did not address the total city-wide
area but did address areas of chronic flood problems, i.e., the North Side Storm
Drain/North Webster Street Lateral and the Main Street System. Mr. Bruce Knopf,
Project Engineer, reviewed the written report of the Drainage Study and referred
to posted graphs and a slide presentation.
In concluding their presentation, they recommended consideration of Alternate E of
the North Side Storm Drain at an estimated cost of $2,700,0A0, with an estimated
annual maintenance and operation of $60,000; and the enclosing of 2700 feet of
existing ditch along Main Street in an underground conduit to a new storm water
pumping facility at the west end of Todd Shipyard at a cost estimate of $490,000
with an estimated annual maintenance and operation of $77,000.
Following discussion, Councilman Beckam moved staff be directed to prepare a
reaction to the Drainage Study and include a report of funding feasibility. The
motion was seconded by Councilman Sherratt and on voice vote carried unanimously.
HEARINGS:
7. Continued from meeting of June 7, 1977, in the Matter of the proposed adoption
of the Uniform Building Code, 1976 Edition, Copyright 1976, by the International
Conference of Building Officials with amendments, additions and deletions thereof
as the Primary Code; Appendix: Chapter 13, 35, 49 and 57 theeof and Uniform Code
Standards, each referred to in said Primary Code as the Secondary Code, as the
Alameda Building Code.
President Corica explained the procedure to be followed and declared the hearing open.
Chief Building Inspector Baird Heffron reported the Uniform Building Code was
brought up to date every three years in an attempt to keep up with changed technology
in construction. On question, he stated the State had not as yet adopted the new
Code.
President Corica recommended that, if adopted, the ordinance be effective as of
November 1, 1977.
On the call for proponents or opponents, there was no response and the hearing was
declared closed.
Following discussion, Councilman Sherratt moved the ordinance for introduction be
taken out of order and amended to indicate an effective date of November 1, 1977.
The motion was seconded by Councilman Beckam and carried unanimously on voice vote.
INTRODUCTION OF ORDINANCES:
8. Councilman Sherratt introduced the following ordinance, as amended, after which
it would be laid over under provision of law and the Charter.
"Ordinance No.
New Series
An Ordinance Adopting by Reference the Uniform Building Code,
1976 Edition, Copyright 1976 by the International Conference of
Building Officials with Amendments, Additions and Deletions Thereof
as the Primary Code, Appendix: Chapter 13, 35, 49 and 57 Thereof,
and Uniform Building Code Standards. Each Referred to in Said
Primary Code as the Secondary Code; Regulation the Erection, Con-
struction, Enlargement, Alteration, Repair, Moving, Removal
Confersion, Demolition, Occupancy, Equipment, Use, Height , Area
and Maintenance of Buildings and Structures in the City of Alameda;
Providing for the Issance of Permance and Collection of Fees
Therefor; Declaring and Establishing a Fire District; Provinding
Penalties for Violations Thereof, and Repealing Ordinance No. 1730,
New Series, and All Other Ordinances in Conflict Therewith."
The motion 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 an application initiated by the California Nevada Methodist
Homes to rezone vacant property fronting on Otis Drive immediately east of the
Standard Oil Service Station (Otis and Westline Drives), from R-1-PD, One-family
Planned Development District to R-1, One-Family Residential District.
President Corica explained procedure and declared the hearing open. The City Clerk
reported the Affidavit of Publication of the required Notice of Hearing was on file.
On request, Planning Director Patterson reviewed the written report and recommendation
of the Planning Board.
On the call for proponents, Mr. John Barni, Jr. spoke. On the call for opponents
there was no response. The hearing was declared closed.
Councilman Sherratt moved the ordinance for introduction be taken out of order,
seconded by Councilman Tillman, carried unanimously on voice vote.
INTRODUCTION OF ORDINANCES:
10. Councilman Beckam introduced the following ordinance after which it would be
laid over under provision of law and the Charter.
"Ordinance No.
Mew Series
An Ordinance Reclassifying and Rezoning Certain Property
Within the City of Alameda by Amending Zoning Ordinance
No. 1277, N.S." (California Nevada Methodist Homes R 77-6)
The motion was seconded by Councilman Diament and carried on the following roll call
vote. Ayes: Five. Noes: None. Absent: None.
REPORTS AND RECOMMENDATIONS:
11. From the Mayor concerning the installation and maintenance of public telephones
on public sidewalks.
Mr. Stan Nebel, Coin Telephone Consultant of Pacific Telephone, reviewed the proposal
and answered questions.
Councilman Sherratt moved the proposal be referred to staff to meet with representatives
of Pacific Telephone to work out details and submit a report. The motion was seconded
by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes:
None. Absent: None. Abstaining: Councilman Tillman, (1).
12. From the Auditor-Assessor requesting refund of real property taxes erroneously
levied and collected.
Councilman Sherratt moved acceptance of the report and the resolution be taken out
of order.
RESOLUTIONS:
13. The following resolution was introduced by Councilman Beckam, who moved its
adoption:
"Resolution No. 8745
Ordering Cancellation and Refund of Real 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:
14. From the City Manager concerning resubmittal of an application for City Line
Road.
Councilman Diament moved acceptance of the report and the resolution be taken out
of order, seconded by Councilman Beckam, carried unanimously on voice vote.
RESOLUTIONS:
15. The following resolution was introduced by Councilman Diament, who moved its
adoption:
"Resolution No. 8746
Authorizing Resubmittal of Application to Economic Development
Administration for Federal Grant for Construction of City Line
Road.
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:
16. From the City Manager recommending a transfer of funds to the Police Secret
Fund.
Councilman Diament moved approval of the addition of $500 to the Police Secret
Fund, seconded by Councilman Beckam, carried unanimously on voice vote.
17. From the City Manager concerning participation in the San Leandro Bay
Transportation Study, Phase I.
Mrs. Amey Stone, 1623 High Street, asked who had initiated the request for the Study.
President Corica informed her the Council had done so, and he and the City Manager
answered her questions.
Councilman Sherratt moved the City Manager be authorized to file a letter of intent
to indicate the City would participate. The motion was seconded by Councilman Diament
and on voice vote carried unanimously.
18. From the City Manager concerning Planning Department staffing.
President Corica repeated his previously stated opinion that the two vacant positions
in the Planning Department should not be funded or filled at this time, and
concurred with a prior recommendation made by Councilman Diament that the service
be contracted as needed.
Following considerable discussion, Councilman Beckam moved acceptance of the report.
The motion was seconded by Councilman Sherratt and carried on the following roll
call vote. Ayes: Three. Noes: Councilman Diament and President Corica, (2).
Absent: None.
19. From the Ci' Manager recommending approval of the Final Map for Tract No.
3713, the Shopping Center, Community Center and Neighborhood Park at Mecartney
Road and Island Drive in the Harbor Bay Isle development.
City Attorney Stroud recommended there be (1) an amendment to the CC&R's (covenants,
conditions and restrictions) giving the Home Owners Association the power to
accept responsibility for the maintenance of the shoreline perimeter, and (2) a
resolution from the Reclamation District 2105 indicating they would not dissolve
the District unless the Home Owners Association would assume the responsibility;
and that these be done to his satisfaction. He noted the developer planned to
sell the triangular parcel (Lot 1, Block 2) and was asking that it not be subject
to the CC&R's; that the Subdivision Ordinance provided for amendments to the
Planned Development at the map stage if they were not substantial.
Mr. Oscar Barry, Harbor Bay Isle Associates, reported the triangular lot was
being acquired by the Alameda First National Bank and they would request the CC&R's
not be included on that piece of land because it was separated by Island Drive from
the remainder of the tract. He noted the buyer would make application to the
Planning Board on the Planned Development.
Planning Director Patterson reported the President of Alameda First National Bank
was agreeable to the CC&R's being placed upon the triangular piece when the
Planned Development process was before the Planning Board.
Mr. Joseph Sullivan, 3221 Liberty Avenue, asked the City Council not to approve
anything they were not legally required to until such time as the developer reached
some conclusion with the City as to the width of the open band perimeter of the
project, and gave some guarantee of responsibility for maintenance of the perimeter
and inadequacies which might occur because of the fill.
At the conclusion of discussion, Councilman Sherratt moved approval of the Final
Map for Tr at No. 3713, subject to the recommenttions of the City Manager and City
Attorney. The motion was seconded by Councilman Beckam and carried unanimously
on voice vote. There being no objection, the meeting proceeded to "Resolutbns".
RESOLUTIONS:
20. The following resolution was introduced by Councilman Beckam who moved its
adoption subject to the recommendations of the reports of the City Manager and
City Attorney previously accepted, and the condition that the Reclamation District
process its resolution and send it to the city for receipt within three days of
their next meeting.
"Resolution No. 8747
Approving Final Map of Subdivision Known as Tract 3713,
Authorizing Execution of Agreement for Construction of
Public Improvements Therein, Approving Bond as to
Sufficiency and Accepting Certain Easements, Access Rights
and Parcels of Land (Harbor Bay Isle Associates, Subdivider)."
The motion to adopt said resolution and conditions was seconded by Councilman
Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
A ten-minute recess was called.
UNFINISHED BUSINESS:
21. Consideration of appointments to following Boards and Commissions.
President Corica announced nominations to the Design Review Board and Social Service
Human Relations Board would be held over to August 16, 1977.
(a) Planning Board. President Corica placed in nomination the name of Rosalie B.
McPherson, seconded by Councilmar Diament, carried on following roll call vote.
Ayes: Four. Noes: None. Absent: None. Abstaining: Councilman Beckam, (1).
President Corica placed in nomination the name of Amey C. Stone, seconded by
Councilman Diament, failed to carry on the following roll call vote. Ayes: Two.
Noes: Councilmen Beckam, Sherratt and Tillman (3). Absent: None.
President Corica placed in nomination the name of Philip H. Long, seconded by
Councilman Beckam, carried on following roll call vote. Ayes: Four. Noes:
President Corica, (1). Absent: None.
(b) Civil Service Board. President Corica placed in nomination the name of
Frederick B. Volking, seconded by Councilman Beckam, and carried unanimously on
roll call vote.
(c) Library Board. President Corica placed in nomination the name of Dorothy R.
Larzelere, seconded by Councilman Beckam and carried unanimously on roll call
vote.
(d) Public Utilities Board. President Corica placed in nomination the name of
Rolad E. Cecchettini, seconded by Councilman Tillman, and carried unanimously
on roll call vote.
22. Councilman Sherratt questioned enforcement or abandonment of the traffic
ordinance pohibiting left turns at Central and Park and Santa Clara and Park
during certain hcurs.
City Engineer was requested to provide a report from the Traffic Advisory
Committee.
23. Councilman Diament requested that the Disaster Council be called into session
within a month.
Referred to Assistant City Manager.
24. Councilman Diament inquired concerning staffing of the Social Service Human
Relations Board.
The City Manager reported the Board was staffed by one Secretary, one Community
Services Agent, and the Assistant City Manager. In addition some technical
assistance would soon be forthcoming from ACTEB/ACAP,
NEW BUSINESS:
25. President Corica noted concerns of the Handicapped Committee with supermarket
barriers,
26. Councilman Sherratt suggested the feasibility of action minutes of Council
meetings be explored.
RESOLUTIONS:
27. The following resolution was introduced by Councilman Beckam, who moved its
adoption:
"Resolution No. 8748
Appointing Commissioner of the Housing Authority of
the City of Alameda." (William S. Godfrey)
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.
28. The following resolution was introduced by Councilman Sherratt, who moved
its adoption:
"Resolution No. 8749
Authorizing Execution of Agreement with Providence Veterinary
Hospital for Emergency Treatment of Injured or Sick Animals
Whose Owners are Unknown (Normal Workings Hours)."
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.
29. The following resolution was introduced by Councilman Beckam, who moved its
adoption:
"Resolution No. 8750
Authorizing Execution of Agreement with Providence Veterinary
Hospital for Emergency Treatment of Injured or Sick Animals
Whose Owners are Unknown (After Normal Working Flours, Weekends
and Holidays)."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried
on the following roll 11 vote. Ayes: Five. Noes: None. Absent: None.
President Corica requested a breakdown of cost to the city for these services.
The President declared the foregoing resolutions adopted.
INTRODUCTION OF ORDINANCES:
30. Councilman Diament introduced the following ordinance after which it would
be laid over under provision of law and the Charter.
"Ordinance No.
New Series
Authorizing Grant of Easement for Public Utility Purposes to
Pacific Gas and Electric Company (Strip of Land in Godfrey Park)."
The motion to introduce was seconded by Councilman Sherratt and carried on the
following roll call vote. Ayes: Five. Noes: None. Absent: None.
31. 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 Section 12-246 Thereto
Prohibiting the Maintenance and Repair of Non-Conforming Signs."
The motion was seconded by Councilman Diament and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
Mr. Andrew Pagano, President, and Mr. Harry Potter, Manager of the Chamber of
Commerce questioned the intent of the ordinance. It was the consensus of the
Council that they discuss with matter with the City Attorney prior to the next
meeting of the City Council.
BILLS:
32. An itemized List of Claims against the City of Alameda and the Departments
thereof, in the total amount of $282,704.62, was presented to the Council at this
meeting. The List 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 July 5, 1977, and presented to the City Council at this meeting,
be allowed and paid. The motion was seconded by Councilman Sherratt and carried by
unanimous voice vote.
ORAL COMMUNICATIONS, GENERAL:
33. Mrs. Darlene Banda, President of the Social Service Human Relations Board,
noted the Board was in the process of transmitting to the City Council their
recommended Ordinance setting out the duties of the Board.
34. Mrs. Josephine Bixler commented on supermarket barriers which hampered
handicapped persons.
FILING:
35. Uniform Building Code, 1976 Edition.
36. Agreements between City and Providence Veterminary Hospital.
37. Agreement between City and Harbor Bay Isle Associates - re Tract 3713.
38. Councilman Sherratt moved the Council retire to executive session for a
discussion of litigation and personnel matters, seconded by Councilman Beckam,
carried unanimously on voice vote.
After a five minutes recess the Council reconvened in the Conference Room of
the City Hall. At the conclusion of discussion, it was determined no action would
be taken at this time.
ADJOURNMENT:
39. There being no further business to come before the meeting, the Council
adjourned at 11:20 o'clock p.m. to assemble in regular session on Tuesday,
July 19, 1977, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk