1976-05-04 Regular CC Minutes� &��
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REGULAR MEETING OF THE COUNCIL OF THE CITY OF AL4MEDA
HELD TUESDAY - - - - - - - MAY 4, 1q76
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of
Allegiance was led by Vice Mayor Beckam, followed by an Invocation delivered by the Reverend
Raymond Currie, Pastor of the First Presbyterian Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica,
(5). were noted present. Absent: None,
MINUTES:
I. The minutes of the special meeting with the Housing Authority held March 24, and the renulor
meeting held April 6, 1976, were approved as submitted.
WRITTEN COMMUNICATIONS:
2. From Mrs. Joan M. Wilson, 2630 Otis Drive, concerning the Franklin Park and Lincoln Park
swimming pool programs.
The communication was referred to the Recreation Commission. President Corica reported the
matter would be considered by the City Council when the current lease expired at the end of
June, I976.
3. From Mr. Michael R. O'Brien II, 5960 Georqewood Lane, Jacksonville, Florida, a former student
of Alameda High School requesting the building be designated as a historical landmark.
President Corica reported the Historical Advisory Commission had already taken action on the
matter, and suggested the communication be referred to the Board of Education,
4. From Mr. Gary Randall, 2I0I Shore Line Drive, suggesting the adoption of a City flag.
President Corica reported this suggestion had previously been referred to the Bicentennial
Committee, which had not pursued the idea.
5. From the Alameda Chamber of Commerce, signed by Mr. Donald N. Lindsey, President, requesting
a decision relative to ti'S future use Of the former Post Office building.
President Corica noted this subject had been discussed at the regular meeting held February 17,
1975. He suggested the City Manager write to the Chamber of Commerce and forward a copy of his
report and a copy of the minutes of that meeting.
6. From Mr. Steve Crandell, Alameda Marine Supply, I708 Clement Street, requesting permission
to use the public right of way on Grand Street for parking purposes.
Mr. Crandell explained his proposed business expansion which would require additional off-street
parking: He stated that in order to take advantage of available tndnCinq, it was necessary that
he take steps immediately to obtain a variance which would allow the use of the public right
Of way located across the street from his property for customer parking.
The request was referred for review by the Traffic Advisory Committee, and Mr. Crandell was
advised to contact the Planning Department for assistance with regnrd to the variance.
7. From Mr. Raymond H. Batho of Capt. Nemo's Fish Market, 2651 2lunding Avenue, requesting a
prohibition of the practice of peddling fish from trucks within the City.
Mr. Batho described the health hazard which might exist because fish, poultry, pork or beef
products wnP being peddled from unrefrigerated truckS. He stated the City of Alameda at the
present time had no ordinance prohibiting this practice, whereas surrounding communities would
not allow it. Because the City did not have such an ordinance, the County Health Department did
issue certificates to certain business establishments for this purpose. Mr. Batho reported the
recent appearance in the City of unrefrfoerated trucks and vans from which fish was being peddled
from styrofoam containers.
He asked that the matter be investigated as it could create a serious health problem.
The City Manager reported the City did issue a busineSSlliCen5e for this operation based on the
County Health Department certificate. He said the License Bureau was aware of the names and
addresses of the persons to whom the certificates were issued. He said if the City were to adopt
an ordinance prohibiting this type of activity, the County Health Department would not issue the
certificates.
Councilman Beckam suggested Police beat officers should check on the operation.
The City Manager was requested to write to the County Health Department describing the problem.
Mr. Joseph Koons, 1814 Main Street, spoke in support of Mr. Batho's request.
HEARINGS:
8. In the Matter of Resolution No. 8596 Declaring Intention to Crder Vacation of a Portion of
Market Street northeasterly of Madison Street.
The Clerk reported the Affidavit of Publication of Resolution No. 8506 was on file, and the property
had been posted in accordance with the provisions of the streets and Highways Code.
The hearing was declared opened.
On the call for proponents, Mr. Gary Barker, 3271 Madison Street, stated he had made the initial
request that this portion of Market Street abutting his property be vacated.
On the call for opponents, there was no response. The hearing was declared closed.
On request, City Engineer Hanna reported Mr. Barker should file a quiet title action to eliminate
all challenges to ownership, He noted this street was part of a subdivision created in I368 and
all of Market Street southerly had been vacated throughout the years down t3 about Calhoun Street.
At the conclusion of discussion, Councilman Beckam moved the resolution be taken out of order.
The motion was seconded by Councilman Sherratt and carried unanimously on voice vote.
RESOLUTIONS:
9. ` The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8514
Finding and Determining a Portion of Market Street Northeasterly of Madison
Street, a Public Street in the City of Alameda, is Unnecessary for Present
or Prospective Street Purposes; Ordering Vacation Thereof Subject to
Reservation of Permanent Easement Therein as Described in Resolution of
Intention No. 8506 Heretofore Adopted on April 6' I976; and Directing City
Clerk to Cause Certified Copy of This Resolution to be Recorded."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the f0ll-owing
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 proposal to rezone Jackson Park, Washington Park, Woodstock Park, Buena
Vista Park, Rittler Park, Krusi Park, from residential classification to the °0^, Open Space
District.
The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file.
The President declared the hearing opened. On the call for proponents or Opponents, there was
no resp0nse. The hearing was declared clVS2d.
There being no objection, the meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
11. Councilman Hurwitz introduced the following ordinance, after which it would he laid over under
provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Reclassifying and Rezoning Certain Property within the City
of Alameda by Amending Zoning Ordinance No. 1277, N.S." (JacksonPark)
The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
12. Councilman Beckam introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
"Ordinance No,
New Series
An Ordinance Reclassifying and Rezoning Certain Property within the City
of Alameda by Amending Zoning Ordinance No. 1277` N.S," (Washington Park)
The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes:
Five. Noes: None, Absent: None.
13. Councilman Beckam introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
The motion was seconded hy Councilman Hurwitz and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
14, Councilman Hurwitz introduced the following ordinance, after which it would be laid over
under provision of law and the Charter:
"Ordinance NO,
New Series
An Ordinance Reclassifying and Rezoning Certain Property Within the City
of Alameda by Amending ZOOin9 Ordinance No. 1277, N,S." (Buena Vista Park)
The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
15. Councilman Beckam introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
"Ordinance No,
New Series
An Ordinance Reclassifying and Rezoning Certain Property Within the City
of Alameda by Amending 7Onfng Ordinance No. 1277, N.S." (Rittler Park)
The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes:
Five. Noes: Qone, Absent' None.
16. Councilman Hurwitz introduced the following ordinance, after which it would he laid over
under provision of law and the Charter'
"Ordinance No.
New Series
An Ordinance Reclassifying and Rezoning Certain Property Within the City
Of Alameda by Amending Zoning Ordinance NO, 1277, N.3." (Krusi Park)
The motion was seconded by Councilman Sherratt 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:
17. From the City PlanDinn Board, signed by the Secretary, reporting Board approval of a one year
extension of Planned Development 74-3, Village II of the Harbor Bay Isle development.
Councilman Hurwitz moved approval of the one year extenSi0n. The motion was seconded by Councilman
Sherratt and on voice vote carried unanimously.
18. From the City PlanniOgBOard, signed by the Secretary, making recommendations on street name
changes within the Islandia and Casitas Planned Developments.
Mr. Fred Olsen, 3012 Linda Vi5ta, presented petitions sinned hy 58, home owners of the Casitas area,
or 88% of the persons affected, against the change.
The hearing on this matter was set for May 18, 1976,
19. From the City Manager reporting completion of the public improvements in connection with Parcel
Map No. 1569, rec0mm2ndino acceptance and release of the Faithful Performance Bond. (Property
located along tidal canal northerly of Clement Avenue at approximately Walnut Street - John Bentzen,
Subdivider).
Councilman Sherratt moved acceptance of the public improvements and release of the bond. The motion
was seconded by Councilman Beckam and carried unanimously on voice vote.
20. From the Golf Advisory Commission regarding the Driving Range.
President Corica reported the City Manager's report on the matter would be forwarded to the Golf
Advisory Commission.
UNFINISHED BUSINESS:
21. Consideration of the following items brought up under New Business" at the regular meeting
held April 20, 1975:
(a) Request by President Corica regarding Council travel to Sacramento for lobbying purpose.
President Corica commented on the possibility of Council members oninq in a body to SacramentDtn
speak to leqisltaorS on mutters of special concern, such as the public boat ramp, beach erosion, etc.
Councilman Dinment noted the question had been raised on whether it was property for the Council to
go as a group as it might present a violation of the Brown Act. City Attorney Stroud reported the
Brown Act merely stated that business shall not he conducted outside of a public meeting, and this
would not preclude the members of the Council from traveling to Sacramento as a group and then
splitting up for individual contact with various legislators. He suggested that notice be given to
the public of any contemplated -Op for this purpose,
12
President Corica requested the City Manager to make the necessary appointments and arrangements
in order that the members of the Council might meet with legislators and Senate Committees within
tN£n9Xt several weeks, and that the press be notified for dissemination to the public.
(b) Request by President Corica that the Council review goals of the Architectural Barriers
Committee for consideration of adoption.
President Corica reported he was in accord with the written draft of the goals, however questioned
that the Secretary of the Committee should be specified as a member of the City Engineer's staff.
He suggested the word "City" he eliminated.
Councilman Diament moved the draft, as amended, be adopted. The motion was seconded by Councilman
Beckam and on voice vote carried unanimously.
(c) Request by President Corica that the Council consider placing limits on the number of persons
to be permitted to speak on an agenda item, and a time limit.
President Corica commented on the letter which Councilman Sherratt had prepared on the subject. He
said the main concern was *itbthe fact that meetings had been running to such a late hour, and many
speakers were repeating remarks which had already been presented. He suggested that discussions be
limited to five minutes per person and if a special interest group were represented, that a spokesman
be appointed.
Councilman Sherratt stated he felt the Council should express to those making an opinion that all
comments go through the Chair and not be addressed to staff memb2rI, and to address issues and
eliminate personality conflicts. He suggested the President ask before a hearing how many persons
wished to speak on the matter. He further sUoVeStHd that if there was an issue before the Council,
those wishing to speak prepare a written outline or summary whichthe Council could review prior to
the meeting.
President Corica said he also felt that on written communications the writer should present his
thoughts in such a manner that the letter would be self-explanatory and would not call for additional
comment at the time of presentation to the Council.
Councilman Hurwitz stated he agreed that material which had been distributed to the Council should
not be read in full at a meeting; further he also liked knowing beforehand who would be speaking
On an issue and that a spokesman would speak for special interest groups.
Mrs. Ella Waterbury, 338 Beach Road, protested placing a time li0:t on speakers, and referred to her
recent presentation on the issue of the Design Review Board. She said that a five-minute limitation
would not have allowed sufficient time to present her opinon on the matter, and thought a speaker
should be entitled to any length of time as long as he did not digress and was not repetitive.
After discussion, it was the consensus of the Council that speakers would he requested to present
their ideas more briefly, and meetings would be conducted according to 'Roberts Rules of Order".
22. Councilman Hurwitz requested an ordinance be prepared to change membership of the Design
Review Board by eliminating the Planning Board member and including a General Building contractor.
The City Attorney was requested to prepare an ordinance for consideration at the next regular meeting.
NEW BUSINESS:
23. President Corica commended Police Chief Richard Young, who had been named a life members of
the California Police Association; City Manager John Goss, listed in the 1976-1977 edition of
"Who's Who"; City Clerk Ethel Pitt, Deputy City Clerk Celia Conger and City Treasurer Ellen
Schmalenherger, pictured in an article on Alumeda/s Bicentennial participation in the "City Clerk's
Newsletter".
24. President Corica requested preparation of a Charter Amendment, to be considered at the November
General Election, which would make it possible to remove appointed officials and members of Board
and Commissions by a majority vote of the Council, rather than a four-fifths vote.
25. Councilman Diament suggested the Council set a policy for attendance by Board and Commission
members.
26. Councilman Sherratt questioned the receipt of a communication from the Times-Star soliciting
City participation in the Bicentennial Edition.
The City Clerk reported the letter had been received after the [lsVinn date for agenda items for
this meeting, and would appear on the agenda of the May I?, 1976 meeting.
Councilman Beckam noted a revised agenda had been prepared for this meeting after the closing date.
He said it was his opinion if the agenda was revised to includeoneitem, it should include all
items received after the closing date. He stated he believed the Council should hold to the seven-
day cutoff for agenda items.
President Corica ruled that all items received after the closing date previously set by the Council
would be held over to the next regular meeting.
RESOLUTIONS:
27. The following resolution was introduced by Councilman Beckam, who moved its adoption!
"Resolution NO, 8515
Amending Salary Resolution No. 8379 by Adding One (1) Position of Junior
Typist Clerk (CETA) in the Recreation Department, to be Funded Under
Title VI Public Service Employment."
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.
28. The following resolution was introduced by Councilman Dfament, who moved its adoption:
"Resolution No. 8516
Authorizing Execution of Consent to Removal by Owner of Real Estate,
Relating to Municipal Golf Course Clubhouse Restaurant,'
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.
29. The following resolution was introduced by Councilman Beckam, who moved its adoption:
?Resolution No, 8517
Requesting CAncellation of County Taxes on Real Property Acquired by
the City of Alameda for Municipal Purposes (Catalina Avenue)."
The motion to adopt said resolution was introduced by Councilman Beckam, who moved its adoptbn:
"Resolution No. 8518
Adopting Specifications for Furnishing to the City of Alameda Class 'B"
Portland Cement Concrete Transit Mix for Fiscal Year I976-1977, Calling
for Bids and Directing City Clerk to Advertise Same."
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,
31. The following resolution was introduced by Councilman Beckam who moved its adoption:
"Resolution No. 8519
Adopting Specifications, Special Provisions and Plans for Minor Street
Patching with Asphalt Concrete; Repair of Portland Cement Concrete
Sidewalk and Driveway; and Installation of House Ldt2nilS for the Fiscal
Year Ending June 30` 1977" 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 Ca]] vote. Ayes: Five. Noes: AVne, Absent: None.
32. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 9520
Authorizing Execution of Amendment to Dental Care Service Agreement
Bettween City and California Dental Service,"
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 President declared the foregoing Resolutions adopted.
ORDINANCES FOR PASSAGE:
33. "Ordinance No. I307, New Series
Amending the Alameda Municipal Code by Repealing Sections II-1353
Through 1I-1358.13 and Adding New Sections 11-I353 Through 11-1358
to Title XI, Chapter I, Article 3 Therecf, Relating to Planned Develop-
ment Combining District Regulations."
Councilman Beckam moved the ordinance be passed as previously amended. The motion was seconded by
Councilman Hurwitz and carried on the following roll call vote. Ayes: Threc, Noes' Councilman
Diament and President Corica, (2). Absent: None.
34. "Ordinance No. I808, New Series
Authorizing Execution of Lease to the County of Alameda Relating to
Those Certain Premises Commonly Known and Described as 2226 Santa Clara
Avenue and Terminating Previous Lease,"
Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Councilman
Beckam and carried on the following roll callvote. Ayes: Five. Noes: None. Absent: None,
35. 'Ordinance MO. I809" New Series
35. "Ordinance No. 1809,
New Series
Amending Certain Portions of the Alameda Municipal Code Relating to
Traffic Regulations."
Councilman Beckam r0eed 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.
RILLS:
36. An itemized List of Claims against the City of Alameda and the departments thereof ir the
amount of $I70,248.73, 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
May 4, 1976, and presented to the City Council at this meeting, he allowed and paid. The motion
was seconded by Councilman Diament and carried unanimously on voice vote.
FILING:
37. Consent to Removal - re Municipal Golf Course Clubhouse Restaurant.
38. Specifications MS 5-76-3 - Class "B" Portland Cement Concrete Transit Mix for Fiscal Year
1976-1977.
39. Specifications PW 5-76-3 - Repair of Portland Cement Concrete Sidewalk and Driveway for Fiscal
Year ending June 30, 1977.
40, Specifications PW 5-76-4 - Minor Street Patching with Asphalt Concrete for Fiscal Year
ending June 30, 1977.
41. Specifications PW 5-76-5 - Installation of House Laterals for Fiscal Year ending June 30, 1977,
42. Amendment to Dental Care Service Agreement Between City and California Dental Service.
43. Councilman Sherratt moved the Council retire to executive session for a discussion of pending
litigation and personnel matters. 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 for its deliberations:
at the conclusion of discussion, it was determined no action would be taken at this time.
ADJOURNMENT:
44. There being no further business to come before this reeting, the Council adjourned at I0:30
o'clock p.m. to assemble in regular session on Tuesday, May 18, 1976, at 7:30 O'clock p.0.
Respectfully submitted,
^'���/
City Clerk