1976-08-24 Special CC MinutesSPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - - - - AUGUST 24, 1976
The meeting convened at 7:3- o'clock p.m. in the Council Chamber of the City Hall with
President Corica presiding.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica,
(5), were noted present. Absent: None.
I. Receipt and Notice and Agenda of this Special Meeting had been acknowledged by the Councilmen
and was on file. The purpose of this session was to hold a Hearing on an appeal from a decision
of the Planning Board in granting a Use Permit to Xanthos House; and to reconsider, and take
action thereof, if desired, Kesolutbns Nos. 8577 and 8578 concerning Charter Amendments to be
submitted to the electorate at a Special Municipal Election to be li]d November 2, I976'
HEARINGS:
2. ' In the Matter of the Appeal from a decision of the Planning Board in granting Use Permit to
Xanthos House to occupy premises at Stephens Center.
President Corica commented on the guidelines which would be followed in conducting the hearing,
and declared the hearing opened.
Planning Director Patterson reviewed the background leading up to the issuance of the Use Permit
by the Planning Board. He reported the request had been filed on June 23, 1976, to allow the
operation of a professional counseling service and administration offices for Xanthos House and
Alameda Head Start in the R-5, General Apartment District, at 1724 Santa Clara Avenue (Stephens
Center). He noted the Board had rendered its unanimous decision on July 19, 1975.
When the application was filed, Mr. Patterson said the Planning staff had made an analysis of the
Use Permit and had contacted the Police Department and School District. He displayed a map which
illustrated land use within the block Of 1724 Santa Clara Avenue, He stated Xanthos House had been
asked to submit an explanatory statement and had furnished their program description; that prior
to its recommendation staff had checked the off-street parking requirements and had found twenty
spaces were provided, whereas the ordinance only required sixteen.
Mr. Patterson reported the Planning Board, after a full public hearing, had found numerous
community benefits would be derived from the many functions that are designed to promote the welfare
Of Alameda's youth, and the Social Service Agency would have less of a neighborhood impact than
the medical complexes across the street, which were similar in principle and function. He stated
the Board had unanimously granted the Use Permit subject to the following conditions: (1) Use
Permit renewal after one year. (2) Operational hours limited to 9:00 a.m. to 9:00 p.m. Monday
through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, closed Sunday. (3) No overnight lodging.
(4) Group therepy sessions to be limited to 14 persons, not to exceed two groups at any one time.
(5) Establishment of a neighborhood advisory committee to monitor negative external impacts.
(6) Any internal alterations of the Stephens Center to be referred to the Historical Advisory
Committee prior to granting a building permit. (7) The Police Deoartment to report to the Planning
Board on any complaints that they had regarding comments on Xanthos House.
On question, Mr. Patterson stated that prior to the Planning Board hearing, and as required by
ordinance, the area had been posted with notices of the hearing, residents living withina a 300
foot radius of the proposed location had been notified by mail, and the Notice of Hearing had been
published in the Alameda Times-Star.
Deputy City Attorney Bruce Quan reported the City Council was governed by Article 10, Sections
11-1101 through I1-1I04, of the Alameda Municipal Code, and the California Constitution, in their
conduct of this appeal. Mr. Quan stated the Council could consider whether to confirm, reverse
or modify the decision of the Planning Board, if it was found that (1) the Planning Board was in
error, relating to a procedural error in the Planning Board process; (2) the Planning Board abused
its discretion; and (3) no evidence was on the reoord to support the decision. He said the City
Council could remand the matter to the Planning Board for reconsideration, if the Council found
the evidence supplied by the appeal applicant could not have been produced at the Planning Board
hearing, or that it was submitted at that time and improperly excluded. Mr. Quan stated the
appeal was limited to the record of the hearing before the Planning Board, unless the evidence could
not have been produced at that hearing or was improperly excluded. He answered questions put by
members of the Council, clarifying their positiOn.
On a call for proponents, Mr. Arthur Roke, 8I0 Paru Street, spoke as a representative of the petitioners
to the appeal. In summary, Mr. Roke stated the petitioners, most of whom were elderly, were not
opposed to the alternative service provided by Xanthos House, but were apprehensive and objected
to its location at this particular site. He said it was also felt there was a general acceptance
by the Planning Board of information at face value, without any real thinking in-depth probe. He
stated they were not against Xanthos House clientele, but were against any clientele which was not
similar to that already within the neighborhood. He said he had learned at the Planning Board
hearing that a neighborhood advisory committee would be set up, and that this had been requested
by Dr. Robert P. Scholz, President of the Board of Directors of Xanthos House. He stated he had
been told that he would be on the committee, on which Reverend Hodgkin and Mrs. Thelma Dyke would
also serve, but had heard nothing concerning the committee since that date. He said he felt a
committee set up to monitor negative concerns in a neighborhood implied negative feedback. He
remarked that he had asked the Planning Board for a ninety-day delay to see if the problems which
had been developed from the misapprehensions, fears, anxieties and misunderstandings already generated
by the proposal could be worked out.
Mr, Roke, in his presentation, referred to the Community Goals Study and emphasized Goals A,
C and H, their objectives and implementation. He stressed Implementation (b) of Goal H which
Stated "some decisions affect only the neighborhood involved, and its wishes should be given
great consideration."
Mr. Roke said he personally felt the city was in need of a support service for all Alameda
agencies, i.e., a clearing house for information.
Mr. Roke alleged the predonimantly residential, centrally located neighborhood was already
densily populated and impacted. He said he would estimate it contained at least 14 apartment
houses or condominiums and 25 residences. In addition, he said, the following services were
already provided in the area: Senior Citizens group - Christ Church; Parole Officers and
parolees - Christ Church; Outreadh Programs - Christ Church; Glad Tidings Church; Child Learning
Center at I515 Grand Street, a private institution licenses for severely handicapped children:
Orthodontists; Alameda Girls Club; Ullery Home for Boys at I901 Central Avenue. He said the
neighborhood did not want an additionally federally funded service in the area and felt there
were enough professional offices, organizations and traffic there now. Also, he said, even
though the Directors of Xanthos House had stated there would be no overnight lodging of guests,
it was feared that should the federal funding source make this requirement, they would have to
comply or lose their funds. Mr. Roke discussed, in detail, the funding and budget of the
Xanthos House operation, and its programs dealing with juvenile status offenders, their families
and Head Strat. He referred to the written information which he had distributed to the Council
in this regard.
Mr. Roke stated, in general the neighbors in the area objected to the granting of the Use Permit
to Xanthos House on the basis that the location is inappropriate.
Councilman Hurwitz asked if the evidence set out by Mr. Roke had been available to the Planning
Board at the time of its hearing. Mr. Roke said he would assume the information was understood
in a nebulous way by the Board, it was not documented or in hand on the night of the Planning Board
hearing.
President Corica questioned Mr. Roke's statement concerning nieghborhood apprehension should
the federal government ask Xanthos House to provide overnight lodging. Assistant City Manager
Creagh reported that irrespective of any future federal requirements, the provisions of the
city's Use Permit would prevail.
Mrs. Thelma Dyke, 1420 Union Street, requested the City Council to consider the wishes of the 76
persons who had signed the appeal petition, and that the decision be based on what was good for
the welfare of the entire neighborhood. Mrs. Dyke reported that she, as well as other residents
Of the immediate area, had not received notification of the hearing before the Planning Board,
but that she had learned of it through a neighbor Mrs. Dyke stated it had been interesting to
note that both Head Start and Boy Scouts were competing for the facilities at Esperanza and,
according to the newspaper account, the decision to grant the space to the Boy Scouts accentuated
the cencerns of the neighborhood with the quality of the Housekeeping of the Head Start program.
She stated this was also their concern should the Xanthos House and Head Start programs locate
at the Stephens Center. She said the petitioners asked that the City Council not allow the Use
Permit tc proceed.
Mr. William P. Hargreaves, Jr., 1629 San Antonio Avenue, stated that in addition to the concerns
expressed by Mr. Roke, he would like to comment on the following points. (1) Although Xanthos
House personnel had said they did not intend to have anyone sleeping overnight, and did not have
anyone doing so now, his teenaged son had told him it was well known that Xanthos House was
traditionally used by troubled youths for overnight purposes. (2) Xanthos personnel stated
they do not have a narcotic program at the moment, however they have had such programs in the
past and, he alleged, will likely have them in the future. Again, he said, his son had informed
him narcotics users frequented Xanthos House. (3) Girls attending the Alameda Girls Club must
enter and leave by the back gate entrance, which entered directly into the Stephens Center parking
lot and was in the vicinity of the rear building wheee Xanthos House intended to conduct their
one-to-one counseling. If Santhos House took over Stephens Center, he said it was his opinion
it would be necessary to add security services to the Girls Club facilities; that they objected
to the mixing of the Girls Club members and the disenchanted clientele of Xanthos House. (4)
He stated it was a natural tendency to expand institutions to provide their success; that they
had no way of knowing into what programs Xanthos House would expand. Mr. Hargreaves expressed
his objection to the granting of the Use Permit to Xanthos House for the use of Stephens Center.
Mrs. Deanna Munk, 1729 Santa Clara Avenue, stated she was opposed to adding another group to
the neighborhood which would produce more traffic. She said that she had been personally involved
in working with clubs on a volunteer basis, and had found that the members became so engrossed
in the programs that they tended to let administrative and housekeeping matters slide.
Former Mayor William F. Murray, 1422 Union Street, stated he and a number of elderly people living
in the immediate vicinity of the proposed site were strongly opposed to its use by Xanthos House.
On the call for opponents, Dr. Robert P. Scholz, 30 Brookside Road, Orinda, President of the Board
Of Directors of Xanthos House, said it was his opinion all of the concerns expressed had been on
ifs, whens and whys, rather than on facts. He stated the Board was opposed to providing overnight
facilities, and had purposely not sought funding for such a program and would not do so in the
future.
Dr. Scholz said that when the Board had first discussed with the Boy Scout Council the possibility
of moving into Stephens Center, they had projected there would be neighborhood concern. He said
they would like to meet with the neighbors and explain to them that the Board did not feel their
moving into the neighborhood would have any negative impact on the area. He noted that one of
the conditions of the Use Permit was the formation of a neighborhood committee; that this
contingency had been added at the suggestion of the Xanthos House Board, which felt that through
this method they would be better able to explain their program and meet the concerns of the
neighbors.
Dr. Scholz reported Xanthos House was a very worthwhile social service agency in the city, and
was doing something not being done by any other agency. He stated their operation required a
building containing at least 4,000 square feet, small rooms for administration and counseling
and one or more large rooms for groups; they needed to be close to bus transportation as many of
the people who came to them did not drive automobiles, and they would like to have a central
lOCat1oO. Dr. Scholz reviewed the operation of Xanthos House in its present location and noted
there had been no problems created, traffic or otherwise. He said it was his understanding the
City Council had received a petition signed by persons residing in the area of their present
location stating that Xanthos House had never caused a problem to the neighborhood.
Dr. Scholz noted that Xanthos House had been granted a one year trial period at the Stephens
Center location by the Planning Board, with systems through the Police Department and neighborhood
committee to monitor their operation. He said it seemed that since they had a responsible Board
of Directors, presented a good program, and had a good record, that they should at least be given
a chance to show the community what they could do.
President Corica commented on the quality of the furnishings of Xanthos House. Dr, Scholz stated
there were no funds available for furniture replacement, and in his opinion their furniture
would be suitable for use at Stephens Center.
President Corica noted the application by Xanthos House for a S28,000 grant from the Alameda
County Drug Prevention Fund, and compared the visitors to Xanthos House with those of the Boy
3COUtS, Dr. Scholz said that obviously there was a difference in the programs presented by the
two organizations, but it was his belief the people going to Xanthos House would not bring any
additional problems to the neighborhood. He commented on social service programs already in the
area.
Councilman Hurwitz asked if Xanthos House was being used for overnight lodging at the present
time. Dr. Scholz replied Xanthos House had never had anyone spend the night. He stated that
when contacted for this service, they referred to caller to the proper agency set up for that
purpose.
Councilman Sherratt asked what the impact would be of the Head Start program not being at
Esperanza. Dr. Scholz stated they have had Head Start in their location for administrative
purposes only. He said he had not intention of trying to get the school program into Stephens
Center and Head Start would have to find a new location in the near future.
Councilman Beckam asked if Xanthos House was fulfilling a need within the city, and where its
clientele came from. Dr. Scholz reported Xanthos House was fulfilling a social need within
the city, not being fulfilled by any other service agency. He said it was dealing with a
clientele who had problems not being met by either Family Services, Boy Scouts, Girls Club, or
the counseling service at the high schools, and this fact had been documented. He stated the
people served at Xanthos House were 95% from the City of Alameda, and came from the entire
community georgraphically.
Councilman Diament asked if Family Services, or any other existing agency, could take on the
Xanthos House program. Dr. Scholz said he did not know, but would image one social service agency
in the city could possibly do the work of all the agencies operating at the present time, however
this was not being done. In answer to another question, he reported there were 12 persons On
their Board of Directors.
MS, Sue Matheson, I007 Camino Del Valle, Executive Director of Xanthos House, said that when
they had moved to their present location at Clement and Schiller from Broadway, they had been
pleased to obtain a more central location where they could offer their program to more west
end residents. Concerning the Drug Prevention Program, she reported this was funded under 5B 714,
was paid to the county and went to neighborhood centers for drug prevention and education, not for
treatment services. Under their contract, they are to provide 12 structured supportive educational
counseling group sessions for 96 youths, ages 13 to 18, on-site or in the community. She said
this gave them the option of holding a session away from their main location. She stated they
also were to provide I00 individual and/0r family sessions for 20 clients during the year. Also,
they would provide community outreach services, such as the peer counseling program underway at
Alameda High School and information referral services provided to Encinal High School and the
intermediate schools. Ms. Matheson answered questions put by members of the City Council. She
reported there would be no future drop-in program, they had not applied for funding for this
purpose and did not intend to do so.
Mr. Philip Ziegler, 4026 Fruitvale Avenue, Oakland, psychologist and counselor for Xanthos House,
explained the Status Offenders Program. He noted that young people were classified as status
offenders simply because they were under 18 years of age and had come to the attention of the
juvenile authorities as truants, runaways and incorrigibles, not as lawbreakers. He said the
children were only one part of the program, and they had seen and would continue to see families,
individuals, parents, and single persons. He said that Xanthos House and the Alameda Police
Department were working together with the county to see if a better method for working with these
particular young people and their families through counseling could be achieved, rather than
having the juvenile taken to Juvenile Hall. He also answered the questions of the Council and
audience.
1 ����
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Ms. Debbie Cobb, 2906 Santa Clara Avenue, presented a petition signed by over 300 young people
living in Alameda and under the age of 18 years, urging the City Council to allow Xanthos House
to occupy Stephens Center, and pledging their support in providing the young clientele to be
responsible people.
Mrs. Patricia Cronin stated her 9 year old daughter attended the Alameda Girls Club and she did not
feel the Xanthos House operation at Stephens Center would pose any type of threat to the neighborhood.
The hearing was declared closed.
Councilman Sherratt stated that from reading the minutes of the Planning Board meeting at which
the public hearing on the subject had been held, and noting the discussion which had taken place,
he did not feel it was as complete as this evening's hearing. He asked if the guidelines and
funding of the Status Offenders Program had been discussed or brought to the attention of the
Planning Board.
Planning Director Patterson replied the funding question was in the explanatory statement or
guidelines submitted by Xanthos House personnel. He said the details of the prOpOSdl were not
submitted nor were applications for certain funded programs. He reported the Planning Staff did
not research the Head Start Program, which had operated within the city for some ten or more
years.
Councilman Diament noted she was a member of the Board of Directors of the Alameda Boy Scouts,
and asked the advice of the City Council and Deputy City Attorney as to whether or not they
would consider a conflict of interest existed were she to take part in the discussion or vote On
this matter as a member of the City Council. Following discussion, it was the consensus of the
City Council and Deputy City Attorney that she would not have a conflict of interest.
Councilman Hurwitz stated he could appreciate the concerns expressed by the proponents, however
he felt Xanthos House was providing an important service and the young people who went there
were the same as those attending schools, churches, and recreational facilities within the city.
He said he thought that with the stipulations imposed by the Planning Board and the one-year
time limit, if problems arose the Use Permit need no- be renewed. He stated he did nt feel there
was any evidence brought out at this hearing which had not been presented to the Planning Board
at its hearing.
President Corica noted the Council had previously heard appeals from decisions of the Planning
Board, and he was of the opinion that when 76 residents of the area asked to be heard, they should
be given that opportunity.
On request, Deputy City Attorney Quan again reviewed the action which the Council might take in
the matter of the appeal.
At the conclusion of discussion, Councilman Hurwitz moved that the decision of the Planning Board
in granting a Use Permit to Xanthos House to occupy premises at Stephens Center be upheld. The
motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes:
Three. Noes: Councilman Diament and President Corica, (2). Absent: None.
RESOLUTIONS:
3. Reconsideration of Resolution No. 8577, Stating and Requesting Consolidation of a Special
Municipal Election to be Held Tuesday, November 2, I976, and Resolution No. 8578, Proposing
Amendments to the Charter of the City of Alameda Upon Motion of the City Council, and action
thereon, if desired.
President Corica stated that since adoption of the resolutions, it had been brougnt to his
attention that the proposed Measure A, if passed by the electorate would also impose a two-term
limit on the elected members of the Board of Education. He referred to a communication received
from the Board of Education reporting they had been advised by County Counsel that their members
would not be subject to such a limitation, and requesting that the Board of Education be exluded
from the proposed ballot measure.
Councilman Hurwitz noted he had proposed the Charter amendment and would prefer it to remain as
presently written. He said the electorate was only being asked if they would like to see the
Charter changed to cover members elected as officials.of the city.
Councilman Sherratt stated it washis opinion the Board of Education should be included in the pro-
posed amendment inasmuch as they were elected officials under the City Charter.
Councilman Diament said that when originally voting on the matter she had been unaware the proposed
amendment would apply to the members of the Board of Education, and this had not been her intent.
Councilman Hurwitz moved the resolutions, as adopted, remain unchanged. The motion was seconded
by Councilman Beckam and carried on the following roll call vote. Ayes: Three. Noes: Councilman
Diament and President Corica, (2). Absent: None.
ADJOURNMENT:
4. There being no further business to come before this meeting, the Council adjourned at I0:15
o'clock p.m,
Respectfully submitted,
City Clerk