1976-06-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - - - JUNE 1, I976
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of
Allegiance was led by Councilman Diament, followed by an Invocation delivered by the Reverend
Donald Ierbe, Pastor of the Twin Towers United Methodist Church,
ROLL CALL7
The roll was called and Councilmen Beckam, Dfament, Hurwitz` Sherratt and President Corica,
(5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held May 4, 1976, were approved as submitted.
WRITTEN COMMUNICATIONS:
2, From Mr. William Sommers, 3I08 Jackson Street, regarding the mailing of notices for payment
Of City taxes,
President Corica reported the City Treasurer had discussed the provisions of the applicable state
law with Mr. Sommers, and notice was also given by the County that an additional spnarOt2 tax
bill from the City should be obtained when property is sold after the tax bills are mailed out.
Councilman Hurwitz requested the City Treasurer be asked to write to the Alameda Board of Realtors
and ask that they notify new home owners of the procedures which they should follow. It was so
ordered.
3. From the Alameda County Crime Prevention Committee, transmitting Articles of Association and
Bylaws, and requesting a resolution in support of the principles represented.
President Corica noted the Committee was following along the lines of the "Good Neighborhood Program",
which had been previously adopted by the Council,
Councilman Beckam commented that many of the principles referred to were incorporated in the Goals
Study.
It was directed a letter be written to the Committee notifying them of the existing City program
and Goals Study.
4. From Mr, Joseph M. Sullivan, 3221 Liberty Avenue, regarding appointments to the Planning Board,
President Corica reported Mr. Sullivan was going on record as supporting the reappointment of
John F8n5ternaCh2r and Robert Nicol.
5. From Thomas and Catherine Lemieux and Patricia McCann regarding demolition, permit and
zoning regulations.
President Corica stated the correspondents were concerned with the recent demolition of a residence
owned by the Alameda Hospital.
Mrs. Lerhieux, 2032ili Clinton Avenue, stated her family residence was directly adjacent to the site
which had been demolished, She reported the demolition had taken place on March 19, 1976, and
due to the fact there was no ordinance requiring public notification of the pending demolition, it
had created a great deal of confusion, property damage and bad feelings between the residents, the
City and the demolition company. She Suggested future demolitions be implemented by public
hearings and personal notification to local residents by mail and/or the posting of notices near or
on the demolition site one week in advance of the demolition. To cover the extra cost, she
suggested the demolition fee be increased and failure to comply result in a heavy fin2.
On question, the City Engineer stated there were presently no provisions for public notification of
a pending building demolition.
HEARING:
6. In the Matter of the Lease Agreement between the City of Alameda and the Alameda Swimming Pool
Association.
President Corica stated communications had been received from advocates both for and anainst a
renewal of the lease. He requested speakers on theissue refrain from repetitive remorks. He asked
for a show of hands of those persons in the audience who favored renewal of the lease, and apprOXhately
70 persons responded. On the request for a show of hands of those opposed, approximately lO
persons responded.
On request, Mr. D. Grant Mainland, Recreation Director, related the history of the current Lease
Agreement between the City and the Association. He reported that in 1959, Mr. Frank Weeden had
requested permissio- to build a swimmina pool in Lincoln Park and was granted a ten year lease; in
1960 he returned to the Council and asked permission to build swimming pools in Franklin Park and
and was granted a fifteen year lease, and at his request, the Council granted an extension of the
Lincoln Park lease to a term of seventeen years, allowing both leases to expire simultaneously.
During this period of time, he said, the prime purpose of the Association was to teach young
children to swim to complement the program operated by the City, which at that time did not have the
present Encinal and Alameda pools. He reported that the membership of the Association had operated
a voluntary teaching and pool maintenance operation. At the time the lease was granted it did not
contain an option to renew or extend the term, and, Mr. Mainland said, the agreement was that at
the end of the term the City would acquire two facilities. He stated the matter had been discussed
by the Recreation Commission at length, and they had presented to the Council a fifteen point pro-
gram for consideration. He said the Commission recommended the terms of the lease be operable and
that the City either operate the program as of July 1, 1976, or there be some agreement between
the As5OCtti0n and the City. He stated the Commission felt that there had been an excellent job
done by the Association in terms of teaching children to swim, and that the Recreation Department
had done an equally good job at the Alameda and Encinal Swim Centers, and recommended that any
continued operation of the Association program carry certain restrictions as far as the operation
of a joint affair with the City. He noted the Commission had offered two possible alternatives,
one of which was for City operation of the pools on an around the year bdIis. He referred to the
written report of the Commission and accompanying documentation.
The President declared the hearing Opened.
On the call for proponents, Mr. Dave Howes, a member of the Lincoln Pool Association, asked that
the Council approve the general idea of the Association managing the pO0ls. He suggested a negotiating
team be appointed, to include the Trustees of the Association, to see if terms could be agreed upon
which would be acceptable to both the City and the Association.
Mrs. June Orr, 1715 Encinal Avenue, reviewed the initial construction of the pools and foundation
of the Alameda Swimming Pool Association. She reported the cost of construction had been borne
by Mr. Frank Weeden who had also made periodic contributions to the Aseociation. She said one of
the reasons for locating the pools on public land was to negate any suspicion of a profit motive
by the Trustees, and the Association was certified as a non-profit educational prOqrdm. She noted
approximately 1,000 children were swimming in the pools, and over a period of time some 2,250
families had been or still were members of a Poll Association and had volunteered their time to
maintain the pool facilities and instruct in the swimming program at no cost to the taxpayer.
Tiss Libby Roth, 1417 Fifth Street, presented petitions signed by over 300 school children in
support of the request of the Alameda Swimming Pool Association for a renewal of their leaSe.
She reported many of the children had received their first swimming lessons in either the Franklin
Or Lincoln Pools and had advanced, through their membership, to a competitive or novice class and
had subsequently been accepted on the Alameda Swim Team or the AAU Team. She stated the swimming
program had provided the children with many hours of pleasurable exercise and instruction, and had
given them a supervised activity in which they could participate daily for about eight months out
of the year.
Mr. David Simmons, Jr., 2471 Roosevelt Drive, reported the City swim centers were Operating at a
deficit of approximately $30,000 per year which was passed on to the taxpayer, either through the
property tax or School District tax, He noted it had been reported it would cost the City about
S53,000 per year to operate the Franklin and Lincoln Pools, however should the Association be granted
a renewal of the lease, the pools would be operated at no direct cost to the tdXpayer. He mentioned
City programs which were in need of funding, i.e., replacement of the heaters at the Swim Centers,
the water drainage problem at Krusi Park, the needed lighting at Washington Park and funds for
Phase III construction, the bike paths, the gnlf course driving range, beach erosion, et cetera.
He offered his support of the proposal of the Association.
Mr, Charles Tillman, 2415 Roosevelt Drive, as President of the American Association of Retired Persons,
Alameda Chapter 20, commented on the reeent reassessment of real property and the increase in the
property tax which would r2sU]t. He stated many members of &ARP were greatly concerned over the
increase. He said it was his opinion the City had been more than generous with the parks, recreation,
golf and swim centers as they now existed. He noted the Association was willing to set aside days
for senior citizens and handicapped persons in their programs.
On the call for opponents, Mrs. Helen Dodt, 1723 Chapin Street, stated it was her opinion the pools
should be opened to allow the persons. She said it had been a great mistake to allow the pools to
be constructed on public property, and this made for taxation without representation as many persons
had never been afforded the opportunity to use the pools. She recalled that when the first pool had
been put in at Lincoln Park she had a five year old son and was most anxious to participate in the
nroqram, but was denied a chance because of her residence. She complained that there had been no
one to contact to ask questions concerning why a person could at belong to the association, and
or when would membership be open, or why were some people having recreational swims every afternoon
when it was supposed to be an educational program. She said she felt all persons should have the
Opportunity to participate in every phase of recreation, and the pools should not be operated for the
exclusive use of a privileged few,
Mrs. Dorothy Allen, I020 Pacific Avenue, questioned why the AS0OCidti0n could not continue its
program under the Recreation Department, as sugaested in the recommendation of the Recreation Commission.
Mrs. Virginia Cooper, 3I21 Bayview Drive, suggested all pools be opened to general public use. She
noted it was the original intention of the City Council when entering into the initial agreement
that the pools would revert to the City upon termination of the lease. and this would provide public
swimming pools in all sections of the City.
Mr, Nicklous Cabral, 940-A Eagle 8V2nUe, praised the program of the Alameda Swi0ning Pool Association,
however he said it was his opinion the Association should be opened for public membership and infor-
mation made available on how to apply for membership.
Councilman Diament asked if the Association Trustees wished tc make a statement at this time, and
Mr. Frank Weeden stated he would be happy to answer any questions on the matter.
Councilman Hurwitz referred to an excerpt from the Council minutes of January 20, 1959, in which
it was stated the Lincoln Pool project was approved b« the RecrBtfoD Commission with the stipulation
that time be made available for recreational swimming open to the public on a non-restricted basis
with a nominal admission charge. He asked Mr. Weeden if this had every been done,
Mr. Weeden replied this had been a recommendation of the Commission, however the Council had
decided otherwise and there had never been open wwim0fng at the pools as this presented liability
problems in guarding public swimmers with private personnel. He reported the Council had approved
the lease and specified the rules and regulations governing the use of the swimming pools and
facilities would be subject to the approval of the City Manaqer- which had been done. He stated
there had been no complaints and no problems; that they had set out a $50 fee for anyone having
a kindergarten child or younger. He said it had been difficult to take care of some people and
still stay within their rules, as they had wanted to focus swimming on kindergarten and younger
children. Mr. Weeden stated the Trustees would be agreeable to the idea of a O2qetiatinq team;
that he, himself, was willing to abide by the terms of the lease and allow the pools to revert to
the City, however at the request of the Association members he would ask for a renewal of the
lease and would he willing to negotiate its terms at the earliest possible date.
Mr William Godfrey, Association Trustee, stated that both he and Mr. Weeden felt two Trustees
were not enough and they would like to see two additional Trustees put on, after the lease had
been reap otiated, and would suggest the possibility of a member of the City Council, Board of
Education, or another layman, to serve in this capacity.
Mrs. Elizabeth Rogers, 3211 Madison, noted the application to join the Association recited the
applicant agreed to pay dues and do their share of the work as a non-voting member. She asked
who was a voting member and how this was determined, who performed the executive function in
carrying out the administrative details, and how did the overall membership participate in
decision making.
Mr. Weeden replied the Association had been formed as a non-profit corporation with an original
three Trustees who were responsible to all governmental agencies at the federal, state and local
level; that members joined on a yearly basis and had no interest in the assets; that the money
did not belong to the Trustees but to the Association; and their records were open to the public.
The hearing was declared clsed.
President Corica said it was his opinon the Association program had worked well over n period of
fifteen years; that apparently the main complaint of thoseopposed to a renewal of the lease was
that membership was not open to anyone who wished to 'OiD. He stated it was his understanding the
Association was now agreeable to open membership for any Alameda resident. He said he had inquired
Of the Trustees if they would accept the $50 annual dues on a payment basis. He recommended the
Association be allowed to continue their operation of the pUC]5 with the exception that membership
be opened up, and that the City Manager retain the right to approve the rules and regulations
qOVerDing their use. He suggested if the Association had excess money that it be placed into a
fund, to be supplemented by additional profits which might be derived, for the building of a
swimming pool on the north side to be operated by the Association.
Councilman Hurwitz stated he did not feel anyone should be excluded from using a pool on public
property and that a $50 membership fee might be more that some persons could afford. He said
he would like to see the program continued and felt the Recreation Commission had come up with some
very good points which should be negotiated with the Trustees.
Councilman Diament expressed her support of a negotiating committee to resolve the terms of the
lease. She reported she had attended the Council meeting at the time the first pool at Lincoln
Park had been discussed and had been opposed to the use of public parks for private purposes,
She said she felt at the time it would be justified if it was a way for the City to acquire two
pools. She stated she felt the program had been a good one and the Association members had put on
O well organized campaign for a renewal of the lease, however she felt by going to public ownership
the pools might be supported by a fee structure,
Councilman Sherratt moved the matter Of the lease agreement be referred to the City Manager, City
Attorney, Mayor and the Trustees, for renegotiation for a period of 10 years, or other term; it
recite a termination option of 90 days; consideration be given to the inclusion of the concept of
the Recreation Commission recommendations except that Commission review would be deleted and an
arrangement be made for the Recreation Department to provide senior citizen and handicapped programs:
the negotiation team consider including a requirement for the filing of annual reports and an
expansion of the Board of Trustees to add two members to be agreed upon by the City Council and
Association Trustees.
Councilman Beckam stated he would second the motion with the following amondmcnt: that the brochure
mentioned in Point 9 of the Commission's report be made available to the public outside of office
hours and a telephone and/or address be made available for weekend and holiday information; that
the annual fee be available on an annual or monthly basis; and that ground rental receipts be
applied toward the construction of a north side pool,
Councilman Sherratt agreed to incorporate Councilman 8eckum's amendment in his motion.
Councilman Diament stated she would vote against the motion as she would rather see negotiations
take place before such a motion was passed.
President Corica commented the intent of the motion was to suggest items to be considered by the
negotiating team.
On a call for the question, the motion carried on the following roll call vote. Ayes: Four.
Noes: Councilman Diament, (l). Absent: None.
A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of
business.
REPORTS AND RECOMMENDATIONS:
7. ^ From the City Manager recommending approval of the 701 Comprehensive Planning Assistance Appli-
cation for the Fiscal Year 1976-1977.
Councilman Sherratt moved approval of the recommendation. The motion was seconded by Councilman
Hurwitz and carried unanimously on voice vote.
There being no objection, the meeting proceeded to xReSolutinnsx.
RESOLUTIONS:
8. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution NV, 8529
Authorizing Submission of Application to United States Department of
Housing and Urban Development for Funds for 'Section 701/ Comprehensive
Planning Assistance, Consisting of Overall Program Design Implementation
the Continuation of Area Planning, a Land-Use Implementation Program, and
Certain Housing and Design Related Studies."
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.
REPORTS AND RECOMMENDATIONS:
9. From the City Manager regarding application for Federal Bikeway Demonstration Project.
Councilman Hurwitz moved authorization of the filing of a funding request for a bicycle demonstration
project along Atlantic Avenue from Webster Street to the Naval Air Station, The motion was seconded
by Councilman Sherratt and carried unanimously on voice vote,
IO,' From the City Manager recommending purchase on the open market of a diesel engine for the 1250
qpm firepumper.
Councilman Diament moved approval of the recommendation and authorization for the expenditure of
the sum of $5,644.50 from the I975-76 Equipment Replacement Fund. The motion was seconded by
Councilman Beckam and on voice vote carried unanimously.
11. From the Planning Director transmitting Environmental Impact Report on Project 70-9 (Senior
Citizen Center) of Alameda's Fiscal Year 76-77 HCDA Application.
Councilman Diament moved approval and certification of the Environmental Impact Report. The motion
was seconded by Councilman Sherratt and carried on the following roll call vote, Ayes: Four. Noes:
None. Abstaining: Councilman Beckam, (1). Absent: NOne, Councilman Beckam explained he was
abataining as he, personally, had not received the EIR fifteen days in advance of this meeting
because of his vacation out of town.
12, From the City Planning Board, signed by the Secretary, making recommendation on Zone Change
application R-76-12 initiated by the Planning Board to rezone vacant property fronting on Otis Drive
immediately east of the Standard Oil Station (Otis and Westline Drives), from the "C-l^, Neighborhood
Commercial District, to the "R-1-PD", Single Family, Planned Development District.
The hearing on this matter was set for June 15, 1976.
13. From the City Manager reporting completion of public improvements in connection with Tract No.
3559, recommending acceptance and release of the Faithful Performance Bond, /7'2 acres located
south of 2%, acre park site located to southeast of intersecticn of Holly Street and Fir Avenue - last
unit of Garden Isle).
Councilman Hurwitz moved acceptance of the public improvements and release of the bond. The motion
was seconded by Councilman Beckam and carried unanimously on voice vote.
14. From the City Manager reporting all work satisfactorily completed on the project of repair and
resurfacing of Westline Drive from Shore Line Drive to Otis Drive, recommending it be accepted and
the Notice of Completion ordered filed.
Councilman Beckam moved approval of the recommendation. The motion was seconded by Councilman Diament
and on voice vote carried unanimously.
15. From the City Manager recommending rejection of the bids for furnishing Class "B: Portland
Cement Concrete Transit Mix for the Fiscal Year 1976-77, and recommending acquisition on the open
market.
Mr. Goss reported the mixer which the City had hoped to purchase was not now available, however
efforts would continue to obtain this equipment which would result in a cost saving to the City.
Councilman Beckam moved the bids be rejected and the transit mix be purchased on the open market.
The motion was seconded by Councilman Sherratt and carried unanimously on voice vote.
16, From the City Manager recommending the contract be awarded to BEPCO, Inc., low bidder, for
the project of installing house laterals during the fiscal year ending June 30, 1977. at an
estimated amount of $24,I50.
Councilman Diament moved approval of the recommendation. The motion was seconded by Councilman
Hurwitz and carried unanimously on voice vote.
17. From the City Manager recommending the contract be awarded to Ransome Company, low bidder,
for the project of Minor Street Patching with Asphalt Concrete during the fiscal year ending
June 30, 1977, at the unit prices quoted.
Councilman Beckam moved approval of the recommendotion. The motion was seconded by Councilman
Sherratt and carried unanimously on voice V0te,
18. From the City Manager recommending the contract be awarded to George J. Jardin, low bidder,
for the project of repairing Portland Cement Concrete Sidewalk and Driveway during the fiscal year
ending June 30, 1977, at the unit prices quoted.
Councilman Beckam moved approval of the recommendation. The motion was seconded by Councilman
Sherratt and on voice vote carried unanimously.
UNFINISHED BUSINESS:
19. Councilman Sherratt inquired concerning the status of the new Police Heudquorters,
The City Manager reported there had been some problem with property ucqufOtfnn and as soon as this
was resolved the City would be in a position to go out to bid on the project.
20. Councilman Sherratt asked the status Of the rehabilitation of the Housing Authority houses
acquired from the School District,
The City Manager stated the Housing Authority had hired another architect to work on the project,
and the City was pursuing the second year application for HCDA funding.
NEW BUSINESS:
21. President Corica announced that Councilman Diament had been appointed to the Regional
Seaports Committee of ABAG'
22. President Corica announced the City had been publicized in the National Bicentennial Times
and the Congressional Record.
23. Councilman Diament requested appointments to the Disaster Council be discussed at the meeting
Of June 15, 1976.
24. Councilman Sherratt requested an appraisal be made of the Rosewood Way property acquired from
the School Di3trtt, and the Council be informed of the cost.
RESOLUTIONS:
25. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8530
Adopting Specifications for Furnishing to the City of Alameda Coin
Collection of On-Street and Off-Street Parking Meters."
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.
26. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8531
Adopting Specifications, Special Provisions and Plans for the Improvement
of Island Drive North of Clubhouse Memorial Road, Calling for Bids and
Directing City Clerk to Advertise Same."
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.
The President declared the foregoing resolutions adopted.
ORDINANCES FOR PASSAGE:
27. "Ordinance No. 1816,
New Series
Amending the Alameda Municipal Code by Amending Section 11-221 Thereof,
Relating to Membership Qualifications of the Design Review Board."
Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Councilman
Sherratt and carried on the following roll call V0t2, Ayes: Five. Noes: None. Absent; NOne,
Councilman Hurwitz suggested the Planning Board be encouraged to maintain liaison with the Design
Review Board.
BILLS:
28. An itemized List of Claims against the City of Alameda and the departments thereof in the amount
of SI79,996.53, 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
June 1, 1976, and presented to the City Council at this meeting, be allowed and paid. The motion was
seconded by Councilman Diament and carried unanimously, on voice vote.
ORAL COMMUNICATIONS, GENERAL:
29, Mr, Charles Tillman recalled a position taken by a City Council endorsing Senate Bill 462,
which provided a deferred payment of property tax for senior citizens sixty-two years of age or older.
He reported this was now on the ballot of the Primary Election to go on recording endorsing Proposition
13.
Councilman Sherratt stated he would have to abstain from voting on any motion endorsing the Proposition
as the item had not been listed on the agenda, however, he would give it his personal recommendation,
Councilman Hurwitz stated he could not take a stand on the mutter without first rereading the
proposition and arguments for and against.
Councilman Beckam suggested the meeting revert to "Unfinished Business" in order that the matter
might be discussed, and he so moved. The notion was seconded by Councilman Diament and carried
unanimously on voice vote.
UNFINISHED BUSINESS:
30, Councilman Beckam moved the Council endorse State Proposition 13 on the June 8 Primary Election
Ballot. The motion was seconded by Councilman Diament and carried on the following roll call vote,
Ayes: Three, Noes: None. Abstaining: Councilmen Hurwitz and Sherratt, (2). Absent: None.
The meeting returned to the regular order of business.
FILING:
31- EIR on Project 76-9 (Senior Citizen Center) of Fiscal Year 1976-77 HCDA 4pplicntinD,
32. Specifications No. m5P 6-76-4 - Coin Collection of On-Street and Off-Street Parking Meters'
33. Specifications No. PW 6-76-7 - Improvement of Island Drive north of Clubhouse Memorial Road
34. Councilman Sherratt moved the Council retire to executive session for a discussion of personnel
matters (meet and confer) and pending ]itinatiOn. The motion was seconded by Councilman Beckam 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:
35. Thprp being no further business to come before this meeting, the Council adjourned at 11:00
o'clock p.m., to assemble in regular session on Tuesday, June 15, 1976, at 7:30 o'clock p.m,
Respectfully submitted,
City Clerk