1976-08-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - -AUGUST 17, 1976
The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of
Allegiance was led by Vice Mayor Beckam and was followed by an Invocation delivered by the
Reverend Ronald G. Barton, Minister of the First Congregational Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Sherratt and President Corica, (4),
were noted present. Absent: Councilman Hurwitz, (1).
MINUTES:
1. Councilman Beckam stated he would abstain from taking any action on the minutes of the
special meeting held July 21, I976, as he had not attended that meeting.
The minutes of the regular meeting held August 6 and the special meeting held July 21, 1976,
were approved as submitted.
2. President Corica introduced Mr. William F. Murray, who had served as Mayor of Alameda
from 1932 to 1935' He was welcomed with a round of applause.
WRITTEN COMMUNICATIONS:
3. From Shaw & Lunt, signed by Mr. John Barni, Jr., President, requesting a determination on
Parcel Map No. 1399, located at the foot of Magnolia Drive on Bay Farm Island.
President Corica reported the Planning Department would respond to the questions stated by
Mr. Barni his his communication regarding the agreed upon 65 decibel line.
4. From Mrs. Frances Bonstin, 25I6-B Santa Clara Avenue, protesting the new business license
tax
President Corica noted it was the intent of the City Council to reevaluate the business license
tax in the Spring of 1977.
Mrs. Bonstin spoke on behalf of the small businessmen who did not earn S33,000 per year, the
amount on which the minimum tax was based. She stated the present setup did not take care of
this type of situation. She asked why a rented single-family residence was exempt from the
rental fee charged against other rental properties, and suggested this be considered.
5. From M3, Kathleen Jensen, 122 Cypress Street, regarding aircraft noise from the Alameda
Naval Air Station.
President Corica stated Ms. Jensen had been contacted by a representative of the Naval Air
Station, who had responded to her concerns.
6. From Pan America Industries., Inc., signed by Mr. Peter Wang, President, requesting Alaska
Packers be released from its duties under its lease with the city.
President Corica reported this request has been under review by the City Attorney and upon com-
pletion of the investigation, a response would be made to Mr. Wmng,
7. From Mr. Arthur Roke protesting the decision of the Planning Board with regard to the Use
Permit granted to Xanthos House; and from Robert D. Scholz, DDS, President of the Board of
Directors of Xanthos House, requesting that if an appeal Of the Planning Board decision is allowed,
the hearing be scheduled prior to the next regular City Council meeting.
President Corica recalled that at the regular meeting of the City Council held August 3, I976,
Mr. Roke had presented a D8titi0D signed by 69 residents of the immediate area, and had requested
the Council appeal the decision of the Planning Board and set a hearing date on the matter. He
said it was his understanding a majority of the petitioners had not been present at the Planning
Board meeting at which the matter had been considered, and he was of the opinion the Council should
hold a hearing.
Mr. Roke requested a hearing date be set by the City Council, on its own motion, He stated it
was the petitioners' position the Planning Board had been misled by the applicant for the Use
Permit and had accepted at face value what was presented to them without many questions. For
this reason, he said, the petitioners felt they had not had the opportunity to present their
evidence and opinions. He confirmed his attendance and appearance at the Planning Board hearing,
however, he said, he did not believe the Board was aware of the great number of persons who
were opposed to the issuance of the Use Permit.
Following discussion, Councilman Diament said that based on the evidence not heard by the Planning
Board in the matter, she would move the Council set a hearing on the appeal. Councilman Beckam
seconded the motion, and suggested the hearing be scheduled for a special meeting to be called
for this purpose on August 24, 1976.
At the suggestion of the City Manager, Councilman Diament amended her motion to indicate the City
Council was filing the appeal on the Planning Board decision. Councilman Beckam agreed to the amend-
ment.
On a Ca]] for the question, the motion passed on the following roll call vote. Ayes: Four.
Noes: NOO2, Absent: Councilman Hurwitz, (1). It was ordered the hearing be set for August 24,
1976.
Dr. Scholz asked for clarification of the appeal procedure set out in Ordinance No. I794, New
Series.
Deputy City Attorney Bruce Quan said it was the opinion of City Attorney Stroud that the ordinance
did not preclude the City Council from making a determination at the appeal hearing that there
may have been an abuse of discretion or an error, and that they may reverse the Planning Board's
decision. Also, the City Council may have found at the hearing that there was new existing
evidence which could not be produced at the time of the Planning Board hearing, or which was
improperly excluded, then they may remand to the Planning Board for newhearing.
President Corica remarked that up until a few months ago there had been no appeal procedure
for Planning Board and Design Review Board decisions, and this had been changed at the request of
the City Council.
Mr. Quan reported the appeal hearing was restricted to the record before the Planning Board,
unless the applicant showed that at the time of the Planning Board hearing he could not produce
certain evidence, or that certain evidence was imprOperly excluded from that hearing.
8. From 50 residents requesting the 3200 block of Adams Street adjacent to Lincoln School be
made a cul-de-sac.
President Corica noted this was not related to the Lincoln School access road project, which
addressed itself to the area of Fernside Boulevard between Encinal Avenue and Washington Street.
He stated the request would be addressed at public hearings on the Combined Land Use, Circulation
and Open Space Elements to the General Plan, which would be before the Planning Board and City
Council later in the year.
9. From Mrs, R.E. Stone, 1623 High Street, requesting the City Council not approve building
permits of any kind for the Fernside Boulevard area south of Encinal Avenue.
President Corica reported building permits could not be issued for this area as they would not
conform to the General Plan, and Mrs. Stone had been so notified.
10. From Islandia Home Owners' Association, signed by Mr. L.E. Peters, expressing concerns with
portions of the Settlement Agreement among the City, Port of Oakland and Harbor Bay Isle Associates.
The communication was accepted.
HEARINGS:
11. In the Matter of the adoption of the Uniform Plumbing Code, 1973 Edition, as the Alameda
Plumbing Code.
The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file.
The President declared the hearing opened.
On request, Mr, Al Spadoni, Senior Plumbing Inspector, reported the Code as presented was no
different basically than what the city had been usino for many years. He stated language had been
brought up-to-date, minor changes had been made on who could actually install work, and
it would open up to the use to plastic for two-story buildings and residences only. He stated
these had been brought about because of the control by the state in the Business & Professions
Code. He said the Plumbing Code was updated every three years; that a]th0# the I976 Code was now
in print, for all practical purposes the 1973 Code was the Sam2.
On the call for proponents or opponents, there was no response. The hearing was declared closed.
Councilman Sherratt moved the ordinance be introduced out of order. The motion was seconded by
Councilman Beckam and carried on the following voice vote. Ayes: Four. Noes: None. Absent:
Councilman Hurwitz, (1).
INTRODUCTION OF ORDINANCES:
12. Councilman Sherratt introduced the following ordinance, after which it would be laid over
under provision of law and the Charter:
"Ordinance No.
New Series
Adopting by Reference the Uniform Plumbing Code, Copyright 1973 by
International Association of Plumbing and Mechanical Officialswith
Amendments, Adoptions and Deletions Thereto as Primary Code; Providing
for the Protection of the Public Health, Welfare and Safety by Requiring
a Permit for Inspection for the Installation, Maintenance, Alterations
and Repair of Plumbing and Drainage Systems and Providing for the
Collection of Fees Therefor; Providing for the Administration of Said
Ordinance; Defining Certain Terms; Providing for the Qualification of
Persons Engaged in the Business of Said Installations, Alterations,
Maintenance and Repair Thereto; and Prescribing Penalties for Violations
Thereof."
The motion was seconded by Councilman Beckam and carried on the following roll call V0te, Ayes:
Four. Noes: None. Absent: Councilman Hurwitz, (1).
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
13. From the Planning Board, Signed by the Secretary, concerning amendments to Tentative Map
for Tract 3645, Harbor Bay Isle, Village II,
Councilman Beckam moved acceptance of the report and approval of the reCommeOdatiOD5. The
motion was seconded by Councilman Diament and carried on the following voice vote. Ayes: FUUr,
Noes: None. Absent: Councilman Hurwitz, (1).
14. From the City Manager recommending contract be awarded to Gallagher & Burk, Inc.* low bidder,
for the reconstruction of Buena Vista Avenue from Entrance Road to Grand Street.
Councilman Beckam moved approval of the recommendation and award of the r-,ntrdct to Gallagher &
Burk, Inc., The motion was seconded by Councilman Sherratt and carried on the following voice
vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1).
15. From the City Manager recommending authorization for payment for hauling fill for Buena
Vista Park.
Councilman Diament moved approval of thp recommendation, and payFeOt be authorized to be paid
to Ferma Corporation in the amount of $7,402.32. The motion was seconded by Councilman Sherratt
and carried on the following voice vote. Ayes: Four. Noes: None. Absent: Councilman
Hurwitz, (1).
18. From the City Manager regarding the proposed licensing of cats,
President Corica reported a study had been made on the subject and it was found it would be
Very difficult to administer a cat licensing program.
Mr. Paul Mitterbach, 2310 Clement Avenue, asked why cats were allowed to roam free and there
were strict regulations concerning dogs. He wanted to know what protection a property
owner had against the damage caused by cats, and cited examples. He said he had called the City
Of Fremont which required the licensing of cats and it had been reported to him the program was
going very well and they had sold approximately 3,000 licenses for an estimated cat population
Of 20,000. He stated that within the past several weeks Fremont had started a house to house
canvass, and said the revenue collected the past year by Fremont had been in the neighborhood of
315,000, with no additional manpower required. He elaborated upon their program. He said he
would like to see a program requiring a cat owner to assume repponsibility for his animal. He
stated that, if necessary, he would be willing to secure the signatures of other residents
concerned with the problem.
Councilman Diament said she would have no objection to licensing cats, however questioned how
they could be controlled. She said it was her opinion cats provided a public service in main-
taining a reduction in rodent population.
Mr. Edward Brungard, 1635 Seaborn Court, complained of damage done to his garden by cats, and
asked that consideration be given to a control program.
Councilman Sherratt commented on the licensing program and $48 fine charged by the City
Of Coronado for allowing a cat to run loose. He noted the monthly report of the Alameda City
Pound indicated over I00 dogs per month were being put to sleep and they handled some cats. He
asked if the Poundmaster picked up stray cats.
City Engineer Hanna said, to his knowledge, he did not believe Pound personnel had ever patrolled
for stray cats and emphasis had been placed on controlling dogs.
Councilman Sherratt requested a report on how cat problems were being handled and at the present
time with suggestions as to their control.
Mr . A.H. Bonstin, 1832 Marina Drive, reported he raised vegetables as a hobby and it was his
opinion the body waste deposited by cats in his garden were health hazards and unsanitary.
Councilman Beckam remarked a report had previously been requested on the downward curve for
picking up stray d0gs. He suggested that the report requested by Councilman Sherratt be
combined with that report, and asked when the Council might expect to receive it. The City
Manager stated the report should be ready by the second regular meeting of September.
NEW BUSINESS:
17. President Corica commented on the rundown condition of the public works building at the
Corporation Yard. He suggested this project be considred as the number one priority of the
Capital Improvement Program.
18. Councilman Diament asked that consideration be given to having the office of the City
Attorney provide legal assistance to the Housing Authority on a shared cost basis.
RESOLUTIONS:
19, The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8577
Stating and Requesting Consolidation of a Special Municipal Election
to be Held Tuesday, November 2, I975, with the General Election of the
State of California to be Held on Tuesday, November 2, 1975."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the
following roll call vote. Ayes: Four. Noes: NOn2, Absent: Councilman Hurwitz, (1).
20' The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8578
Proposing Amendments to the Charter of the City of Alameda Upon Motion of
the City Council; Calling a Special Municipal Election in the City of
Alameda for the Prupose of Submitting to the Electors Thereof Proposals
to Amend Said Charter, Viz: (1) By Adding Section 2-14 Thereto Providing
for Two-Term Limit for Mayor and Councilmen; (2) By Amending Section 2-5
Thereof Relating to Residency Requirements for Certain Officials; (3)
By Adding Section 2-6.1 Thereto Providing for Election of two Councilmen
Every Two Years; and (4) By Adding Section I0-10.I Thereto Amending
Sections 10-2, I0-3, I0-4 and I0-4.I Thereof Relating to Council Appointments
to Boards and Commissions; Fixing Date of Said Election, Manner of Holding
Same, and Providing for Notice Thereof; and Consolidating Said Specail
Municipal Charter Amendment Election with the General Election of the
State of California to be Held on November 2, 1976."
The motion to adopt said resolution was seconded by Councilman Beckam and carried on the
following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1).
President Corica requested the members of the Council to notify the Assistant City Manager and/or
the City Clerk of the Measures which they would individually endorse.
21' The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8579
ADopting a Conflict of Interest Code Applicable to the Members of the
City Council Pursuant to the Political Reform Act of 1974."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the
following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1).
22. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8580
Adopting Budgets for Expenditure of Funds Apportioned from the Highway
Users Tax Account in the Transportation Tax Fund to Cities."
Councilman Sherratt asked if the funds allocated to the Patton Way Project 163 would be used at
this point solely for the preliminary steps of the prOjeCt. He said it was his understanding
the project would require an Environmental Impact Report and go through the Planning process.
City Engineer Hanna stated this was correct.
Councilman Beckam asked if any funds for design would be expended on the project prior to receiving
full approval by the Planning Board and the City Council for the actual building of the project.
He said he would be loath to approve any money for actual design until a determination had been
made as to whether or not the project would be approved and be included and become a part of the
Land Use and General Circulation Element of the General Plan.
The City Engineer reported the project would be included in the new General Plan, however he
did not believe the details would exist at that time. He stated the department had received a
schedule from the state setting out a timetable for the project for the next three years, and
the EIR would be one of the first items accomplished. He was requested to provide the members
Of the Council with copies of the time guidelines.
Councilman Beckam offered the following amendment to the motion to adopt the resolution: "Except
for expenditure of any funds for actual design of Project 163." Councilman Sherratt stated he
would agree to incorporate the amendment in his original motion.
The motion as amended to adopt said resolution was seconded by Councilman Beckam and carried on
the following roll aall vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1).
23. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 858I
Authorizing Execution of Contract with Alameda Chamber of Commerce
for Advertising for the Fiscal Year Ending June 30, 1977, and Appro-
priating Therefor the Sum of $24,370, Or as Much Thereof as May be
Required."
The motion to adopt said resolution was seconded by Councilman D1ament and carried on the following
roll call vote. Ayes: FOUr, Noes: None. Absent: Councilman Hurwitz, (1).
The President declared the foregoing resolutions adopted.
ORDINANCES FOR PASSAGE:
24. "Ordinance No. 1825,
New Series
Amending Certain Portions of the Alameda Municipal Code Relating
to Traffic Regulations."
Councilman Beckam moved the ordinance be introduced and passed as submitted. The motion was
seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four.
Noes: None. Absent: Councilman Hurwitz, (1).
BILLS:
25. An itemized List of Claims against the City of Alameda and the Departments thereof, in
the total amount of $58,478.94, 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 August 17, I976, and presented to the City Council at this meeting be allowed and paid. The
motion was seconded by Councilman Sherratt and on roll call carried by unanimous vote.
ORAL COMMUNICATIONS, GENERAL:
26. Mr, Joseph Sullivan, 3221 Liberty Avenue, spoke on the Property Transfer Tax which was presently
set at $1.10 per $1,000 valuation. He suggested an increase in this tax might provide the
necessary money to fund Capital Improvement projects, and asked that this be considered at
a future dute.
FILING:
27. Financial Report of the City of Alameda as at June 30, 1976.
28. Contract with Chamber of Commerce for Advertising for Fiscal Year Ending June 30" 1977.
ADJOURNMENT:
29. There being no further business to come before the meeting, the Council adjourned at 8:45
o'clock p.m. to assemble iP regular session on Tuesday, September 7, 1976, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk