1975-12-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - DECEMBER 2, 1975
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of
Allegiance was led by Councilman Sherratt and was followed by an Invocation delivered by the Reverend
Wilfred Hodgkin, Rector of Christ Episcopal Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica,
(5), were noted present. Absent: None.
MINUTES:
1. The minutes of the special meeting held November 13, and regular meeting held November 18, 1975,
were approved as submitted.
2. President Corica reported the City Council would consider at this meeting nominations for
appointment to the Alameda Housing Authority, however discussion would be confined to members of
the Council and would not be open for public comment.
WRITTEN COMMUNICATIONS:
3. From Mrs. Pamela Johnson, 3227 Liberty Avenue, and Mrs. Mary Ann Graves, 3230 Liberty Avenue,
submitting a petition signed by 65 residents of Liberty Avenue requesting the installation of speed
deterrents on Liberty Avenue.
The communication was referred to the Traffic Advisory Committee for review and report.
4. From The Reverend Wilfred H. Hodgkin, Christ Church Parish, suggesting the new Northside Park
be called "Frank Weeden Park".
The communication was referred to the Recreation Commission with the request that the Commission
move as rapidly as possible on the selection of a permanent name for the park.
5. From Mr. Richard E. Young, 1029 Holly Street, concerning the use of city streets.
President Corica read a second communication from Mr. Young in which he had requested his complaint
pertaining to the use by Powell Enterprises of street parking in the vicinity of Park Street and
Clement Avenue be withdrawn. He noted Mr, Young had stated his questions on the matter had been
satisfactorily answered by Police Chief Richard Young and Captain Arthur Treadwell.
6. From Mr. Ben Mallia, 1121 Otis Drive, requesting clarification of the electric rate charged
by the Bureau of Electricity.
The communication was referred to the Public Utilities Board for review and report.
7. From the Ballena Bay Townhouse Association, signed by Mrs. Beverly Partridge, President,
concerning the construction of a breakwater at the south end of Tideway Drive.
President Corica reported a meeting was to be held within the next week between representatives
of the Townhouse Association, Pan-Pacific Development Company, BCDC, and the city to discuss steps
which should be taken toward resolving the damage being caused to docks in the area. Also, he
stated excellent cooperation had been received from the Naval Air Station in connection with a
proposed fishing pier/breakwater in the vicinity of Encinal High School.
Following discussion, action was deferred on the matter pending the outcome of the scheduled meeting.
It was the general concurrence of the members of the Council that any lease or permit for a break-
water would be at no cost to the City.
HEARINGS:
8. In the Matter of the Report of the Superintendent of Streets concerning sidewalk repairs at
1160 Bay Street.
On request, the City Engineer reviewed the actions which had been taken leading up to his report.
He stated State law and the Alameda Municipal Code outlined the responsibility for sidewalks and the
duty of the Superintendent of Streets with regard to their maintenance. He reported the law
specifically stated the property owners were responsible for the maintenance of the sidewalk
directly in front of his/her property. He noted notices had been mailed to the property owner and
the property had been posted in conformance with appropriate sections of the Streets and Highways
Code, and the property owner had failed to make the required sidewalk repairs. Thereafter the City
proceeded to make the necessary repairs and had incurred costs in the amount of $75.60. Mr. Hanna
reported, pursuant to Section 5616 of the Streets and Highways Code, a notice had been given to
the property owner, by certified mail, that this would be the date, time and place for hearing in
the matter, and documents in support of his statement were on file in the office of the City Clerk.
Mr. Hanna reported the property owner contended the sidewalk defect had been caused by a tree root
as there were many large trees within the immediate vicinity of the property; however, after careful
examination by himself and Mr. Bill Mary, Construction Inspector, it was their opinion the damage was
the result of a heat buckle.
The hearing was declared opened.
On the call for proponents, there was no response.
On the call for opponents, Mr5, Eleanor MacLean, 1I60 Bay Street, stated the city had always taken
care of the sidewalks on Bay Street because of the problems caused by trees, and it was her
belief a tree root had caused the damage. She reported her son had removed the concrete and had
discovered a fairly large root in the dirt, however had made no repairs to the sidewalk.
On request, Mr. Mary distributed photos of the section of sidewalk, both before and after its
removal. He stated the root had been found several inches under the dirt and it was the opinion
of the Engineering Department inspectors that the root was not responsible for the sidewalk defect.
The hearing was declared cl0Sed. At the conclusion of discussion, Councilman Hurwitz moved
acceptance of the report of the Superintendent of Streets. The motion was seconded by Councilman
Beckam and on voice vote carried Un8nim0Vsly.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
9. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8442
Confirming Report of the Superintendent of Streets in the Matter
of the Repair of Sidewalk in Front of Property Known as 1160 Bay
Street, and Directing the Filing of a Notice of Lien on said
Property with City Assessor and City Tax Collector."
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 meeting returned to the regular order of business.
HEARINGS:
10. In the Matter of the Report of the Superintendent of Streets concerning sidewalk repairs at
1905 Everett Street.
The City Engineer reviewed the actions which had been taken leading up to his report and
repeated his previous remarks concerning applicable State and Municipal law, In this case, he
stated the city had made the necessary repairs and had incurred costs in the amount of S118.65.
Mr. Hanna reported, pursuant to Section 5616 of the Streets and Highways Code, a notice had been
given to the property owner, by certified mail, that this would be the date, time and place for
hearing in the matter, and supporting documents were on file in the office of the City Clerk.
The hearing was declared opened. On the call for proponents or opponents, there was no response.
The hearing was declared closed.
Councilman Sherratt moved acceptance of the report of the Superintendent of Streets. The motion
was seconded by Councilman Diament and on voice vote carried unanimously.
There being no objection, the meeting proceeded to "Re3Oluti0nsx.
RESOLUTIONS:
11. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8443
Confirming Report of the Superintendent of Streets in the Matter of
the Repair of Sidewalk in front of Property Known as 1905 Everett
Street, and Directing the Filing of a Notice of Lien on said Property
with City Assessor and City Tax Collector."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: FiVe, Noes: None. Absent: None.
The meeting returned to the regular order of business.
HEARINGS:
12. In the Matter of the Report of the Superintendent of Streets concerning sidewalk repairs at
1028 Central Avenue.
Nr. Hanna reviewed the actions taken leading up to his report and restated his remarks concerning
applicable State and Municipal law. He stated the city had made the necessary repairs in this
case and had incurred costs in the amount of 374.20, Mr. Hanna reported, pursuant to Section 5616
Of the Streets and Highways Code. a notice had been given to the property owner, by certified
mail, that this would be the date, time and place for hearing in the matter, and documents in
support of his statement were on file in the office of the City Clerk.
t
The hearing was declared opened. On the call for proponents or opponents, there was no response.
The hearing was declared closed.
Councilman Sherratt moved acceptance of the report of the Superintendent of Streets. The motion
was seconded by Councilman Beckam and on voice vote carried unanimously.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
13. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8444
Confirming Report of the Superintendent of Streets in the Matter of
the Repair of Sidewalk in Front of Property Known as 1028 Central
Avenue, and Directing the Filing of a Notice of Lien on said Property
with the City Assessor and City Tax Collector."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
HEARINGS:
14. In the Matter of the Report of the Superintendent of Streets concerning sidewalk repairs at
3006 Central Avenue.
Mr. Hanna reviewed actions taken leading up to his report and incorporated his previous remarks
concerning applicable State and Municipal law. He stated, in this particular case the city had
made the necessary repairs and had incurred costs in the amount of $113.40; and that pursuant to
Section 5616 of the Streets and Highways Code, a notice had been given to the property owner, by
certified mail, that this would be the date, time and place for hearing in the matter, and supporting
documents were on file in the office of the City Clerk.
The hearing was declared opened. On the call for proponents or opponents, there was no response.
The hearing was declared closed.
Councilman Sherratt moved acceptance of the report of the Superintendent of Streets. The motion
was seconded by Councilman Beckam and carried unanimously on voice vote.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
15. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8445
Confirming Report of the Superintendent of Streets in the Matter of
the Repair of Sidewalk in Front of Property Known as 3006 Central
Avenue, and Directing the Filing of a Notice of Lien on said Property
with the City Assessor and City Tax Collector."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
16. From the City Manager reporting all work satisfactorily completed on the project of the realign-
ment of the northeast corner of Park Street and Otis Drive, recommending it be accepted and the
Notice of Completion ordered filed.
Councilman Beckam moved the project be accepted as satisfactorily completed and the Notice of Comple-
tion filed. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote.
17. From the City Manager recommending an extension of time of one year for the completion of
improvements in Parcel Map No. 318 (property of Robert E. Hannon, east of the north end of Webster
Street).
On question, the City Engineer reported Mr. Hannon had sold both parcels of land to Mr. John Beery,
who planned to construct two restaurants on the property. He reported the Engineering Department
had no objection to an extension of time of one year.
Councilman Hurwitz moved acceptance of the report and approval of the recommendation. The motion
was seconded by Councilman Sherratt and on voice vote carried unanimously.
18. From the City Manager submitting the report of the Chamber of Commerce for an allocation of
funds to assist in the promotion of the Professional Bowlers Association Tournament, and making
recommendation.
President Corica reported this item would be held over to the next regularly scheduled meeting
of December 16, 1975, at the request of the Chamber of Commerce.
UNFINISHED BUSINESS:
19. Presentation by Mr. Harry LaDou, Executive Vice President, California Anti-Litter League.
President Corica stated Mr. LaDou was unable to attend this meeting and his presentation would be
held over to the meeting of December 16, 1975.
20. Continued from meeting of November 18, 1975, discussion concerning the retention of parking
meter bands and increasing the charge therefor.
President Corica stated that in the previous discussion there had been indications that the people
in the area who used the bands wanted to see them retained.
Councilman Hurwitz stated he had no objection to retaining the bands, if it would not preempt
parking for shoppers.
Councilman Sherratt stated that at the time of Council discussion concerning the proposal to
increase miscellaneous city charges and fees, studies indicated parking spaces were available
and he did not think parking bands prevented anyone from finding a parking space. He moved the
parking meter bands be retained and the charge be increased to $20 per month. The motion was
seconded by Councilman Diament. Councilman Beckam said it was his opinion the $20 charge was too
low a price to pay for this parking privilege, and, if adopted, he would not be very sympathetic
to any future request for additional space as being necessary for business purposes. He suggested
the rate be increased to either $24 or $30 per month.
Councilman Diament expressed her agreement with the $20 figure, and requested the Council go on
record as saying that as long as the bands were in effect, they would discourage future requests
for additional customer parking.
President Corica concurred with Councilman Diament's statement. He recalled that Council had
previously agreed to review miscellaneous charges and fees every several years.
On a call for the question, the motion carried unanimously on voice vote.
21. Consideration of appointment to the Alameda Housing Authority.
President Corica reported the recent signing of a State law, effective January 1, 1976, which
required consideration of appointments to all Boards and Commissions be made in open public
meeting. He stated it had been the decision of the Council to start with this appointment, and
discussion would be limited to Council members.
President Corica put in nomination the name of Mrs. Elector Littlejohn, Councilman Sherratt
seconded the nomination.
Councilman Beckam moved nominations be opened. Councilman Hurwitz suggested Mr. Eric Lyon or
Mrs. Dorothy Brewer be considered for the appointment.
by the President
There being no further nomination/, the nominations were closed. President Corica announced the
appointment of Mrs. Littlejohn as a Tenant Member of the Alameda Housing Authority. The City
Attorney was requested to prepare the appropriate appointing resolution for consideration by the
Council at its next meeting.
City Attorney Stroud noted governing legislation provided that the tenant representative to the
Housing Authority serve for a period of two years.
Mrs. Littlejohn expressed her appreciation to the City Council for the honor of being the first
tenant representative on the Commission.
22. Councilman Sherratt inquired concerning the status of the beach erosion demonstration project
The City Manager reported the application had been approved and submitted for the demonstration
grant, and in recent contact with a member of the State committee which reviewed potential projects
to be funded, it was indicate(' that while it appeared Congressional action had been taken to approve
the general nature of the legislation, it still required additional Congressional action to obtain
the appropriation. The committee member had expressed the view that the committee would probably
do their study, and had informally indicated his opinion that the South Shore erosion problem would
be of high priority, and the recommended sites would be tied into the appropriation bill. Mr. Goss
stated the report of this committee was expected to be completed by the latter part of 1976 and
attempts at funding accomplished. He said it was his understanding this would be 75% funding. He
noted Councilman Sherratt had been pursuing a complete appropriation for the project through the
local Congressman.
Mr. Goss stated staff had been exploring the possibility of utilizing volunteer riprap, to determine
if some local effort might be accomplished without any funding to put in the demonstration groins.
He said the Engineering staff had received the Corps of Engineers standards on the use of such
riprap and were in the process of studying that to see if this was a practical approach.
Councilman Sherratt asked if a tentative date had been established when the cost of the demonstration
project might be determined, and if the city would be able to proceed on the project alone. The City
Engineer stated he had received the specifications, however they had not as yet been analyzed. He
explained the actions which must be taken before commencing such a project.
Councilman Sherratt stated he would like to see the demonstration project proceed as quickly as
possible.
In answer to a question put by Councilman Diament, Mr. Hanna stated the East Bay Regional Park
District would continue to protect the roadway in the area of South Shore Beach.
23. Councilman Sherratt questioned the status of the Library Board's feasibility study on the Post
Office building.
The City Manager reported the city had acquired actual ownership of the Post Office building on
November 7, 1975, and staff had been exploring alternate uses for the building, both on an interim
and permanent basis. He said a complete report should be ready some time early in 1976, including
the necessary input from the Library Board.
24. Councilman Hurwitz inquired as to the status of the report on the review of the operation of
the Alameda City Disposal Company. He requested the report be submitted to the Council at its
next meeting, or a request be made for postponement.
Assistant City Manager Creagh reported the steps taken to date. He stated he had been attempting
to obtain assistance from the City of San Francisco, which has its own rate making division, without
cost to the city.
A ten-minute recess was called. Upon reconvening, the meeting returned to the regular order of
business.
NEW BUSINESS:
25. Councilman Beckam requested minutes of the Mayor's Ad Hoc Advisory Estuary Committee be made
available to the Council, Planning Board, and interested persons; and also that an attendance
record be kept.
26. Councilman Beckam requested the City Manager to provide a continuing tabulation of pending
matters, updated at least quarterly, and containing the item referred, to whom referred, which
department, and expected date of report to the Council.
27. Councilman Beckam requested the City Attorney determine and advise the Council if the present
Pinball Ordinance is properly worded to conform with a recent Supreme Court decision, and to recommend
changes, if appropriate.
28. Councilman Beckam inquired concerning the status of the new Police building.
The City Manager reported the architect would make a presentation to the City Council at its next
meeting, and staff was negotiating the purchase of the real property.
29. Councilman Beckam questioned the priority system for housing displaced Makassar Straits
Housing Project tenants. He said it was his understanding the tenants would have to reapply for
housing if they were within the economic limitation. He stated he would like to request the
Housing Authority to give any possible priority to the present tenants. He asked that the City Manager
visit the Housing Authority and report back to the City Council on what appeared to be a present
problem on the overrun of costs on the relocation of the ten houses from the Alameda High School
site.
President Corica reported he had written a letter to the Chairman of the Housing Authority asking
for information on both the relocation costs and the cost of the modular units, and a reply was
expected prior to the next meeting of the City Council.
There followed a further discussion of thepriority system. Councilman Hurwitz asked that a resolution
be prepared for consideration at the next meeting requesting the Housing Authority to assign priority
positions to displaced tenants of Makassar housing.
30. Councilman Sherratt requested a copy of the report of the Traffic Advisory Committee concerning
the placement of traffic signals at the intersection of Park Street and Otis Drive.
31. President Corica read a letter received from the Providence Hospital acknowledging with
appreciation the receipt of a copy of the Community Services Directory.
32. President Corica stated he had received a complaint concerning the lack of a bench at the bus
stop located on Otis Drive and Willow Street. He asked the City Engineer to look into the matter.
33. City Manager Goss stated all items brought up at this meeting under "New Business" would be
listed under "Unfinished Business" on the agenda of the next Council meeting.
RESOLUTIONS:
34. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8446
Authorizing Execution of Amendment of Contract No. N62474-67-C-0153
(Modification P00017) Relating to Special Services Furnished by City
to U.S. Navy Off-Station Public Quarters,"
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,
35. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8447
Adopting Specifications for Furnishing to the City of Alameda One (1)
Triplex Greens Mower for the Golf Course, Calling for Bids and
Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: Non2,
36. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8448
Appointing Member of the Community Relations Commission." (Mrs. Dorothy C. Allen)
The motion to adopt said resolution was seconded by Councilman Diament and carried on the following
roll call vote, Ayes: FiYe, Noes: NUne, Absent: None.
The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8449
Appointing Member of the Community Relations Commission." (Nicklaus P. Cabral)
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.
On request, the City Clerk administered the Oaths of Office to Mrs, Allen and Mr. Cdbrnl,
38. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8450
Resolution in Support of Reenacting Federal Revenue Sharing Program."
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:
39. 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 Amending Section 10-422
and Repealing Article 3 of Chapter 4 of Title X Thereof Relating to
Dilapidated Buildings."
The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes:
FiV2, Noes: None. Absent: None.
PASSAGE OF ORDINANCES:
40, "Ordinance No. 1778,
New Series
Amending the Alameda Municipal Code by Amending Subsections (b) and
(c) of Section 1I-14C5 Thereof Relating to Required Minimum Off-Street
Parking Space in Residential Areas."
Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Council-
man Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
41. "Ordinance No. 1779,
New Series
Amending the Alameda Municipal Code by Amending Section 17-333 Thereof,
Relating to All Time and Limited No Parking."
President Corica stated this ordinance proposed a prohibition of parking on Otis Drive between
Willow Street and Park Street and for 150 feet north of Otis Drive along the west side of Willow
Street. Consideration had previously been given to a Plan A which would prohibit parking along the
43
south side of Otis Drive, and an alternate Plan B which would prohibit parking directly in front
of two apartment buildings on the northerly side of Otis Drive and several areas in the vicinity
of the banking institutions on the southerly side of Otis Drive. He stated that at the previous
meeting of the Council, the City Engineer had been requested to prepare an alternate Plan C for
consideration.
On request, the City Engineer reviewed Plan C, a compromise of Plans A and B, which would provide
parking in front of the two apartment buildings and prohibit parking in front of Alameda First
National Bank and Alameda Federal Savings.
Following discussion, Councilman Hurwitz moved the ordinance be introduced and passed as submitted
for Plan A. The motion was seconded by Councilman Sherratt.
Councilman Diament stated it was her opinion parking should be prohibited on both sides of Otis
Drive in this immediate area, and traffic to the banks should be directed to the private road behind
them.
On a call for the question, the motion carried on the following roll call vote. Ayes: Four.
Noes: Councilman Diament, (1). Absent: None.
BILLS:
42. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of $115,488.79, 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 Beckam moved the bills as itemized in the List of Claims filed with the City Clerk on
December 2, 1975, and presented to the City Council at this meeting, be allowed and paid. The
motion was seconded by Councilman Hurwitz and on voice vote carried unanimously.
ORAL COMMUNICATIONS, GENERAL:
43. Mrs. Selina Faulhaber, 1838 Ninth Street, representing the League of Women Voters, asked when
a hearing date would be set on the Housing and Community Development Act funds. She read a prepared
statement supporting the Act and their concern for public participation.
City Manager Goss stated the HCDA regulations had not as yet been received and it was hoped they
would be received within the next week. He anticipated the process would begin in January, 1976.
44. Mrs. Dorothy Allen, 1020 Pacific Avenue, speaking for H.O.P.E., stated a letter expressing
their interest in HCDA funding would appear on the agenda of the next Council meeting, and they also
would like to participate in the hearing process. She said it was her understanding two hearings
should be held before the end of January.
Mrs. Allen said a letter had also been written to the Council asking for the hearing date on the
Housing Element before the City Planning Board. Planning Director Patterson replied the Housing
Element had been scheduled for a formal public hearing along with the Environmental Impact Report,
at a special meeting of the Planning Board to be held January 15, 1976. He noted this would be
listed as an informational item on the agenda of the December 15, 1975 meeting of the Board to solicit
public input regarding the Housing Element. He stated the EIR for the Housing Element was presently
at the State Clearinghouse pending the 45-day waiting period which would expire January 14, 1976.
FILING:
45. Contract Between U.S. Navy and City re Special Services furnished Off-Station Public Quarters.
46. Specifications No. MSP 12-75-7 - Triplex Greens Mower for Golf Course.
47. Councilman Sherratt moved the Council retire to executive session to discuss pending litigation.
The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote.
After a five-minute recess, the Council reconvened in the Conference Room of the City Hall for its
deliberations.
At the conclusion of discussion, it was determined no formal action would be taken at this time.
ADJOURNMENT:
48. There being no further business to come before this meeting, the Council adjourned to assemble
in regular session on Tuesday, December 16, 1975, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk