1976-08-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - - AUGUST 3, 1976
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of
Allegiance was led by Councilman Diament and was followed by an Invocation delivered by the
Reverend Alonzo Price, Master of Divinity, Christ Episcopal Church.
ROLL CALL:
The roll was called and Councilmen 8eokam, Diament, Hurwitz, Sherratt and President Corica,
(5), were noted present. Absent: None.
MINUTES:
I. The minutes of the regular meeting held July 20, were approved as submitted. Councilman
Beckum requested the minutes of the special meeting with the Social Service Board held July 12, be
amended to reflect the suggestion that Santa Barbara's goals be provided to the Board to aid them
in their study; the City Attorney requested that, on page two, paragraph three, the word 'appointed"
be removed and the word "guiding" be substituted. The minutes were then approved as amended.
WRITTEN COMMUNICATIONS:
2. From Mr. and Mrs. Stephen S. Slauson, 2426 Otis Drive, requesting revocable encroachment
permit to occupy portion of city right of way under fence located on Park Avenue side of property.
Councilman Sherratt moved the request be denied and the matter referred to the City Engineer to
follow through with his recommendation the fence be moved back. The motion was seconded by
Councilman Hurwitz and carried unanimously on voice vote.
3. From Mr. and Mrs. Willis Ayars, 936-938 Pacific Avenue, requesting revocable permit to
encroach three feet into city right Of way in order to complete a landscaping/brick enclosure.
The request was referred to staff for report and recommendation.
4. From Mr. Otto W. Sammet, 2624 Janis Circle, concerning swimming pool and tennis instruction
operations conducted on property at 2619 Santa Clara Avenue owned by Mr. and Mrs. Edward Murphy
Of 2618 Janis Circle.
President Corica reported the Planning Department had investigated the situation and had found
no violations of city ordinances.
Mr, Sammet elaborated on his written communication and reviewed the hisotry of the tennis instruction
operations and charged the tennis courts had been expanded without appropriate permits.
Planning Director Patterson reported Assistant Planning Director Bob Venable, now retired, had
investigated and found no violations. The Planning Department had investigated and responded
again on February 26, 1976, reporting no violations.
After furthdr discussion, the Council directed staff to triple check the situation and report, in
wr1tirg, to both the Council and Mr. Sammet.
5. ' From Mr. Charles A. Tillman, 2415 Roosevelt Drive, suggesting changes to Ordinance NV, I696,
New Series, establishing Golf Commission and prescribing membership and duties.
Mr. Tillman commented on his request for changes in Ordinance No. 1696, New Series, which created
the Golf Commission. He expressed support of the two-term limit for Board and Commission members
He suggested the composition of the Commission be amended to delete the ex-officio members and enlarge
the membership to seven, and a woman and older person be added.
President Corica commented that much of the success of the Golf Courses and Commission was due
to Jack Clark, sports editor of the Alameda Times-Star and expressed the Council's openness about
appointing people to Boards and Commissions.
On question from Councilman Sherratt, Councilman Hurwitz responded that the ex-officio members of
the Commission had no vote and he felt it would be a good idea for a Councilmember to be an
ex-officio member of every Board and Commission. He expressed his opposition to designating specific
membership on any Boards and Commissions.
On question by Councilman Beckam, the City Attorney stated that, according to the Charter, the Mayor
is considered a member of the Council for the purpose of exercising his vote, and therefore, there
is no problem with the language of the ordinance.
After further discussion, Councilman Sherratt moved that, because the Commission had undertaken
several significant projects, the question of changing the Commission membership be tabled at this
time. The motion was seconded by Councilnan Diament and carried unanimously on voice vote.
O. From Mrs. Dorothy Allen, I020 Pacific Avenue, concerning Housing Element and Uniform Housing Code.
President Croica reported a report was being prepared for the Community Relations Commission, and
Mrs. Allen, as a member, would be receiving a copy as soon as they were available.
7. From the Alameda Chamber of Commerce, signed by Mr. Andrew J. Pagano, President, offering
Chamber assistance in matters pertaining to business community during the coming year.
Mr. Pagano expressed the Chamber's willingness to work with the City and requested ai/ance
information on any item which would affect the business community.
President Corica reported that he and other members of the Council were looking forward to working
with him during the coming year. The communication was received.
8. From American National Red Cross, Alameda Chapter, signed by Executive Director, requesting
donation of unclaimed recovered articles in police storage for auction.
President Corica reported the Municipal Code prohibited donation of unclimaed articles. The
communication was accepted.
9. From Mrs. R.E. Stone, 1623 High Street, regarding Lincoln School access road and traffic
problems.
Mrs. Stone stated she did approve of the access road, and stated no improvement in the traffic
situation had been made since the Council's action in January, 1975, which referred the extension
to the Planning Board for an amendment to the General Plan. She stated she had contacted homeowners'
and neighborhood associations for their response to the issue. She stated that, when the matter
comes before the Council again, if the extension of Fernside is not approved, it will be necessary
to go to the ballot in order to resolve the situation. She stated she had support from homeowners
in Garden Isle, Deauville Condominium, the Willows, Bayview Estates, Ravens Cove and Casitas. She
reiterated the traffic problems and recommendations from various professionals and asked that the
Council deal quickly and fairly with the problem.
President Corica stated the Combined Land Use, Circulation and Open Space Elements of the General
Plan are expected in October and hearings will be scheduled at that time to address this and
other issues.
Councilman Sherratt noted the Fernside Extension was not being considered tonight; the item on
the agenda was the access road. President Corica stated that, since Mrs. Stone had indicated
there were some others wishing to speak on the subject, the Council was obligated to hear them.
Mrs. Anita Weier, 34 Garden Road, stated she believed the extension would be a logical completion
of the city's traffic system.
Mr. Joseph Cervelli, 3300 Encinal Avenue, reported the Planning Board's action approving the
extension was based on the Trend Plan, and stated the Trend Plan does not show a Fernside Extension.
Mr. Lou Wilson, 3280 Thompson, spoke against the extension of Fernside Boulevard.
President Corica repeated the matter of the Fernside extension would be considered when the
Land Use Circulation and Open Space Elements of the General Plan are received.
Mr. Joseph Sullivan, 3221 Liberty Avenue, commented the access road to the school had been compli-
cated by another issue and urgd the Council to allow a referendum on the extension of Fernside
Boulevard.
REPORTS AND RECOMMENDATIONS:
10. From Board of Education, signed by Mr. Ian Weber, President, requesting all items pertaining
to Lincoln School access roadway, storm drain system and sewer system, be considered at this meeting.
Councilman Beckam stated that, though he did not have a conflict of interest, he wished to declare
himself in conflict because he lived on Fernside Boulevard and would abstain from comment on
this item, and suggested someone determine the purpose of the proposed additional two lanes for
the Bay Farm Island Bridge.
Councilman Hurwitz stated it was most unfortunate the two issues were mixed together rather than
considering just the access road question tonight.
Councilman Sherratt moved the report be approved and the resolution authorizing the agreement be
considered out of order. The motion was seconded by Councilman Diament.
Planning Director Patterson reported the Planning Board, at its meeting of August 2, stated the
Lincoln School access road is in compliance with the adopted General Plan, as speified by Govern-
ment Code Section 65402, and confirmed the Council had previously approved plans for construction
which showed the street connecting only to Washington Street.
The motion passed on the following roll call vote. Ayes: Four. Noes: None. Absent: None.
Abstaining: Councilman Beckan, (1).
There being no objection, the meeting proceeded to "Resolutions'.
RESOLUTIONS:
11. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8568
Authorizing Execution of Agreement with Alameda Unified School
District Relating to Construction and Maintenance of Lincoln School
Access Roadway, Storm Drain and Sewer System and Certifying Review
of Environmental Impact Report for Said Project."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following
roll call vote. Ayes: Four. Noes: None. Absent: None. Abstaining: Councilman Beckam, (1).
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
12' From the City Manager recommending contract be award to Gallagher & Burk, Inc. low bidder,
for project of construction of access road to Lincoln School from Encinal Avenue to Washington
Street,
Councilman Sherratt moved acceptance of the report and award of the bid as r8CUm0end2d. The
motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
Four. Noes: None. Absent: None. Abstaining: Councilman Beckam, (1).
A five-minute recess was called. Upon reconvening, the meeting continued with the regular order
Of business.
13. From the City Manager concerning proposed Charter Amendments.
The City Manager briefly reviewed his report which consisted of proposed Charter amendments first
discussed prior to the June election, as well as other s proposed by citizens and members of the
Council, and included his memo dated February 10, 1976. He noted that measures 1, 3 and 5 through
8 were OOibe June ballot. He suggested direction be given to the City Attorney to prepare the
required resolutions for consideration at the meeting of August 17, in order to meet the County's
deadline of August 20.
Measure No. 2 suggested a new section be added to allow the City to contract with Alameda County
for property assessment and tax collection services. As there are no apparent legal obstacles
in the Charter to proceeding with this arrangement, it was the consensus of the Council that
this measure need not be included on the ballot.
Measure No. 4 proposed to delete the section outlining the duties of the Social Service Board
and prescribe their duties by OrdiUuDcp. The measure was deleted from the June ballot at the
request of the Board as they were in the process Of reviewing their duties and objectives. After
discussion and comments from Mrs. Margaret Howard, President of the Board, and Mrs. Darlene Banda,
Chairman of the Re-evaluation Subcommittee, the Council declined to place this measure on the ballot
at this time and will reconsider when the goals have been developed.
Measure No. 9: would limit elective offices, with the exception of the Auditor and Treasurer to
two complete consecutive terms, After discussion of expanding this measure to include appointments
to Boards and C00misSiOns, it was the consensus of the Council that only the issue of the two-term
limit for Mayor and Coundmen be placed on the ballot.
Measure No. 10 covered a method of filling a vacancy in an elective Office. It was the consensus
Of the Council that the current Charter provision is adequate.
Measures Nos. 11-I3 cover the specific instance when an incumbent Councilman is elected Mayor
thereby leaving a vacant Council seat. Measure No. 11 would prescribe that the person receiving
the next highest number of votes be appOint2ck No. 12 would provide for a conditional Council
seat to be placed on the ballot; and NV. 13 would provide for casting ballots for one more Council
seat than otherwise would be vacant. The City Attorney stated the suggestion that a CoUnCihaO
running for Mayor be required to resign from the Council seat is probably unconstitutional. After
further discussion of these complicated alternatives, it was the consensus of the Council that
adoption of any of the provisions would present a complicated and possibly confusing ballot to
the elector, and therefore none of these measures are to be on the November ballot.
Measure No. 14 would remove residency requirements of certain appointed City officials in order
to confirm the Charter to the State Constitution. Though the current provision creates no hardship
on any of the officials involved, the measure is to be included on the ballot.
Additional measures proposed by citiznes and/Dr members of the Council:
Election of Councilmen by Districts had been discussed at various times in the past. It was the
consensus of the Council that since the districting question had not generated a great deal of
support, the matter would not be pursued at this time.
Adjusting salaries for Councilmen, which had been discussed in the past, was mentioned in connection
with incorporating provisions of general state law. The Council decided this matter should not be
included on the ballot.
Reducing majority requirement to remove certain City officials was discussed. Reducing the number
Of votes required to remove an appointed officals from four to three votes was de termined by the
Council to be unnecessary.
iLCJ
Electing two Councilmen at each Municipal Election could be accomplished by making one of the
Council seats vacant in March, 1977, a two-year rather than a four-year term. The Councilmen
elected with the fewest number of votes would be the one elected to the two-year term. It was
the consensus of the Council this measure be included on the ballot.
Council appointment of members of Boards and Commissions was thoroughly discussed; and, it was
the consensus of the Council this question be resolved by placing the matter on the ballot.
The City Attorney was directed to prepare the appropriate resolutions calling the election and
requesting consolidation with the November General Election for consideration at the next meeting
to be held August 17, 1976.
14. From the Recreation Commission making recommendation on city-owned property at Otis Drive
and Rosewood Way.
Councilman Sherratt moved the report be accepted and the Commission be requested to prepare a
priority list on sites for the Senior Center only. The motion was seconded by Councilman Beckam
and carried unanimously on voice vote.
15. From City Auditor submitting reports of Count of Money held February 18 and May 12, 1976.
Councilman Beckam moved the reports be accepted. The motion was seconded by Councilman Sherratt
and carried unanimously on voice vote.
16. From the City Manager concerning Joint Powers Agreement with ACAP.
Councilman Sherratt moved the report be accepted and the resolution authorizing the agreement
be considered out of order. The motion was seconded by Councilman Diament and carried unanimously
on voice vote.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
17. The following resolution was introduced by Councilman Sherratt who moved its adoption:
"Resolution No. 8569
Authorizing Execution of Joint Powers Agreement Establishing a Community
Action Agency in Alameda County."
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:
18. From Assistant City Manager concerning Vision Care Service Agreement.
Councilman Diament moved the report be accepted and the resolution authorizing the agreement be
considered out of order. The motion was seconded by Councilman Beckam, and carried unanimously
on voice vote.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
19. The following resolution was introduced by Councilman Hurwitz who moved its adoption:
"Resolution No. 8570
Authorizing Execution of Vision Care Service Agreement Between
the City and California Vision Care Service."
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 meeting returned to the regular order of business.
UNFINISHED BUSINESS:
20. Consideration of following items brought up under "New Business" at regular meeting held
July 20, 1976:
(a) Comments of President Corica regarding disposition or use of Post Office Building.
City Manager Goss elaborated on his written report which reviewed the possible necessity of
selling the Post Office to fund building the new Police Headwarters. He stated the City had an
opportunity for funding under the new Public Works bill which would provide 100% financing if
the project is approved, and the City should be hearing within a short time if its application
had been approved. He recommended the City proceed with its application; and at the same time,
proceed with a two-month advertising period and receive bids for the sale of the buildng.
Councilman Sherratt moved the staff be directed to 1) continue with the application for funding
under the Public Works Act for construction of the Police headquarters; and 2) begin the process
of advertising, taking bids, and specify the Post Office building be retained and restored rather
than demolished. Councilman Beckam seconded the notion; and questioned if two bids should be
taken, one to preserve and one to sell outright. The City Manager responded that this was possible.
After further discussion of a minimum bid of SI95,000^ inclusion of the right to rEect any and
all bids and the process of a negotiated bid which would allow more flexibility in determining an
conditions the Council might wish to include in the final agreement, the motion passe, unanimously
on voice vote.
(b) Submission by President Corica of request from American National Red Cross, Alameda Chapter,
for donation of unclaimed properties held by Police Department to assist in raising money for
the Disaster Fund.
President Corica reported this item had been taken care of earlier under Written Communications.
RESOLUTIONS:
21. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8571
Appointing Member of the Social Service Board." (Linda I. Pritchard)
The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
The Oath of Office was administered by the Deputy City Clerk.
22. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8572
Appointing Member of the City Planning Board." (Michael G. Gorman)
The notion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
The Oath of Office was administered by the Deputy City Clerk.
23. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8573
Authorizing Execution of Contract with Ransome Company or Improvement
Of Island Drive and Certifying Environmental Impact Report or Said
Project."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the
following roll call YOtP, Ayes: Five. Noes: None. Absent: None.
24. Councilman Hurwitz introduced the following resolution and moved its adoption:
"Resolution No. 8574
Declaring Copies of the Uniform PlU0bjnr Code, 1973 Edition, Placed
On File with the City Clerk to be Public Records; Setting the Time and
Place of Public Hearing on the Adoption of Said Code by Reference, and
Directing Publication of Notice of Said Hearing."
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.
25. The following resolution was introduced by Councilman Diament who moved its adoption:
"Resolution No. 8575
Resolution of the Council of the City of Alameda Providing Rules and
Regulations Relating to Employment of Ceratain Officers and Employees
of the City of Alameda Covered by Salary and Position Resolution No, 8552.^
The motion to adopt said resolution was seconded by Cnuncilnon Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
26. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8576
Supporting HB 12608 and S8 3311 Relating to Reform of Federal Power Act."
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 foregjng Resolution adopted.
ORDINANCES FOR PASSAGE:
27. "Ordinance No. 1823,
New Series
Amending the Alameda Municipal Code by Amending Sections 2-312,
2-321 and 11-221 Thereof Relating to Appointment of Members of the
Recreation Commission, Golf Commission and Design Review Board."
Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by
Councilman Beckam.
President Corica expressed his opinion the present system was adequate and any change unnecessary.
Councilman Diament agreed.
Joseph Sullivan, 3221 Liberty Avenue, stated he believed the Charter should not be amended and
urged the Council to withdraw the Charter amendment measure acted upon earlier to allow appoint-
ments to Board and Commissions to be made by the Council rather than the Mayor, and also not to
adopt this ordinance.
Linda Pritchard, 3263 San Jose Avenue, speaking as a recent appointee, expressed her feelings
about the method appointments are now being made, and its adverse effect on the person being
considered.
After further discussion, the ordinance was passed on the following roll call vote. Ayes:
Three. Noes: Councilman Diament and President Corica, (2). Absent: None.
28. "Ordinance No. 1824,
New Series
An Interim Ordinance Prohibiting and Suspending Issuance of
Any Permit for Uses Inconsistent with Proposed Noise Element."
Councilman Hurwitz moved the ordinance be introduced and passed as submitted. The motion was
seconded by Councilman Diament.
Mr. Greg Silva, Attorney, representing Emily Silva, owner of property on Bay Farm Island adjacent
to the Harbor Bay Isle project asked the ordinance not be adopted. He stated development of the
property was in conflict with the proposed Noise Element and involved in the proposed Settlement
Agreement among the City, the Port and Harbor Bay Isle. He informed the Council that, on August 6,
he had served the City Attorney with a Notice of Motion for Order to intervene as a necessary and
indispensible party to the Agreement. He stated Judge Young had agreed to hear his motion on
August 17 and alleged adoption of this ordinance was aimed at defeating his motion and would expose
the City to an action of inverse condemnation. He requested no action be taken pending the hearing
before Judge Young.
The City Attorney responded to the comments of Mr. Silva and discussed the effect of the proposed
Noise Element on any proposed development. He stated the proposed ordinance, in his opinion,
would have no effect on Mr. Silva's motion, and advised the Council this ordinance would be in
effect only until the Noise Element is adopted.
On a call for the question, the motion passed on the following roll call vote. Ayes: Five.
Noes: None. Absent: None.
BILLS:
29. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of $80,772.79, 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 Calims filed with the City Clerk
on August 6, 1976, and presented to the City Council at this meeting be allowed and paid. The
motion was seconded by Councilman Hurwitz and on roll call vote carried by unanimous vote.
ORAL COMMUNICATIONS, GENERAL:
30. Arthur Roke, 810 Paru Street, criticized actions of the Planning Board, and particularly
in regard to the use permit granted to Xanthos House. He stated he represented 69 citizens in
the neighborhood of Stephens Center who wanted the Council to be aware of their feelings on the
subject. He also expressed opposition to the appeal filing fee of $50, and charged it was
discriminatory.
On question, Planning Director Patterson explained the purpose of the filing fee. The City
Attorney explained that the Council could appeal the decision of the Board. He requested that
Mr. Roke write a letter requesting the Council appeal the decision of the Board. When Mr. Roke
objected, Mr. Stroud explained the procedure would protect the interests of Mr. Roke and any
other parties involved. Mr. Roke stated he would submit a letter for the agenda of the meeting
to be held August 17.
FILING:
31. Agreement between City and Alameda Unified School District - re Lincoln School access roadway.
32. Agreement between City and Ransome Company - re improvement of Island Drive.
33. Uniform Plumbing Code, 1973 Edition, by the International Association of Plumbing and
Mechanical Officials - Alameda Plumbing Code.
34. Service Agreement Between City and California Vision Service.
35. Councilman Sherratt moved the Council retire to executive session for discussion of pending
litigation. The motion was seconded by Councilmar 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:
36. There being no further business to come before the meeting, the Council adjourned in respect
to the memory of JAMES COWAN, retired General Manager of the Bureau of Electricity, to assemble in
regular session on Tuesday, August 17, 1976, at 7:30 o'clock p.m.
Respectfully submitted,
Deputy City Clerk