1976-09-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - SEPTEMBER 21, 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 Msgr.
Patrick 3, O'Brien, Pastor of St. Phiip leri's Catholic Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica,
(5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held September 7, 1976, were approved as submitted.
WRITTEN COMMUlICATIONS
2. ' FroT Mrs. Dorothy Ibarolle, ‘125 Camoen Road, oroposing tne possibility of a bridge fom
Harbor Bay Isle to Broadway, and concerning the site for tne senior citizen center.
President Corica remarked the bridge concept had been previously discussed and had also been
addressed in the EIR on the proposed Harbor Bay Isle development. He noted the scarcity of funds
for this type of project, and commented on the impact it might have on the South Shore parking lot.
Councilman Beckam said he believed this subject would be considered at the time of the hearings
on the combined Land Use, Circulation and Open Space Element of the General Plan.
Concerning Mrs. Ibarolle's suggestion that the senior citizen center be located on property at
Eighth Street and Santa Clara Avenue owned by the Twin Towers United Methodist Church, President
Corica reported a communication had been received this date from the Board of Trustees of the
Church offering the site to the city on a long term lease. He said it was proposed the city pay
an annual rental fee of $1.00 for as long a period of time as the property was occupied by a
Senior Citizen Center.
Councilman Diament noted the Senior Citizen Site Committee had not given this location a very
high priority rating. She stated it was her opinion this would be an excellent site for the
Center as it was within the city's target area for funding, was close to transportation facilities,
and would fill a need for residents of the west end of the city. She suggested the location be
re-examined.
Mr. Charles Tillman concurred with Councilman Diament's remarks and urged reconsideration of this
site.
President Corica directed the communications from Mrs. Ibarolle and the Twin Towers United Methodist
Church and the following communication from Mr. L. A. Patton, be referred to the Recreation Commission
with the request that the Commission reconsider the matter of the site for the proposed Senior
Citizen Center.
3. From Mr. L. A. Patton, 1020 San Antonio Avenue, proposing consideration of the Masonic Temple
and/or space in the main building of Alameda High School as the site of the Senior Citizen Center.
The communication was referred to the Recreation Commission.
HEARINGS:
4. , In the Matter of the Seismic Safety/Safety and Noise Elements of the General Plan, and their
respective Environmental Impact Reports.
The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file.
President Corica explained the procedure which would be followed in conducting the hearing, and
declared the hearing opened.
On question, Planning Director Patterson stated if the three Elements proposed at this hearing
were adopted, then six of the nine mandated Elements to the General Plan would be completed. He
introduced Mrs. Julia Steuber, Senior Planner, in charge of Advance Planning.
Mrs. Steuber reported when the project was originally set up its primary emphasis was on seismic
safety aspects, and the initial contract with the consultants emphasized seismic safety. However,
she said, once the project was underway the City Attorney had requested the inclusion of airport
safety considerations because of developments in the litigation with the Port of 0aklanI, which
indicated the city had not adequately considered the Oakland Airport in its planning process. She
reported that the Planning Department had attempted to provide for maximum public review and
comments prior to the hearing before the Council, in order that the final draft would represent
input from various sources; that a number of very useful comments had been received as a result
of this process and had heer, taken into consideration in the preparation of the final draft. She
noted the Council had received copies of the distribution list, as well as all of the correspondence
received, on the final draft and everyone on the distribution list had been notified of the hearing
to be held on this date. She introduced Mr. Don Asquith of the Envicom Corporation, consultants
for the project.
Mr. Asquith spoke on seismic safety, He noted Alameda did not have a major fault running through
it, but was located between two very active and well known faults, the San Andreas and the Hayward.
He mentioned some of the main problems which had been identified by the consultants as being of
concern in Alameda: (1) the effect of ground shaking; (2) effect of liquefaction which was a
problem in localized areas throughout the city; and (3) the problem of tsunamis (tidal waves) which
was confined to a small area around the periphery of the island. He also mentioned the problem
of the loss of water supply to the city in a seismic emergency because of the failure of the
mains which come to Alameda under the Estuary. He said one of their main recommendations for
dealing with the problems was to make these effects known to builders and developers so the
exact effect on buildings could be investigated. He said the consultants further recommended
adoption of the 1976 Uniform Building Code, and that all scil reports in the city be required
to investigate the problem of liquefaction.
Mrs. Steuber then introduced Mr. Thompas Trapp of the Envicom Corporation, who had prepared
the airport safety report. Mr. Trapp explained airport safety was a serious consideration for
Alameda, because of its close proximity to both the Oakland Airport and the Nava' Air Station
Airport. He said safety problems had been identified with one runway in each airport, Runway
25 for the Naval Air Station and Runway 27 (L)(R) for the Oakland Airport. Mr. Trapp said the
consultants had identified safety zones for each of these airports based on different sources.
He noted that the emphasis in the safety zones was on land use planning controls because this
was a General Plan Element required by the state for land planning purposes. He said the zones
for the Oakland Airport were based on a statistical analysis which was derived from various
studies at other airports, and there were several different alternative land use controls given
depending on the level of operations which prevailed at the airport. He noted the level of
operations was not the same now as it had been when they started the study because of changes
in the Port's policy about which planes could use the runway, and a safety hazard had been
identified on planes weighing over 12,500 pounds flying over the homes on Bay Farm Island.
Concerning the Naval Air Station, he reported the method used for analysis was one which had been
recently developed by the Department of Defense and was known as the Air Installations Compatible
Use Zone (AICUZ) Study for Military Airports. He noted the systems were different because military
aircraft performed differently than civilian aircraft. He said the city had modified the basic
land use guidelines proposed by the Navy in order to develop a more flexible system of land use
control, and to basically allow the present form of development that was occurring in these
areas to continue but with somewhat reduced density levels. He answered questions put by members
of the Council.
On the call for proponents, there was no response.
On the call for opponents, Mr. John Beery, Mariner Square, expressed his strong opposition to the
airport safety portion of the Element. He complained the Element limited an area within one
mile of Runway 25 at the Naval Air Station to a maximum density of 150-200 people per commercial
building, and a maximum height of two to three stories and would seriously hamper development of
the Mariner Square properties. Mr. Beery alleged the Navy's statement that Runway 25 was used
only for emergency landings was untrue, that in reality Runway 25 was used for all kinds of
aircraft under all kinds of conditions as the pilots did not know how to use the regular runway
in a crosswind. By limiting development in the area, Mr. Beery stated the Element would effectively
reduce the amount of taxes which would have accrued to the city.
Councilman Hurwitz suggested to Mr. Beery that he reduce his remarks to writing so the statements
could be examined.
Councilman Beckam said he was also opposed to the restrictions placed on the north area by the
restricted density around Runway 25 at Naval Air Station; that unless there was good and
sufficient reason for holding development to two and three stories, the city would be denying
the potential in that area of producing jobs, taxes, etc. He referred to the Airport Safety
Zones Map incorporated into the Element and said it was his belief aircraft going to or from the
Naval Air Station would be at sufficient altitude that they could safety clear the area.
Councilman Sherratt asked if the Planning Board had been aware of the statements made by Mr.
Beery at the time of their consideration of the Element. Mr. Beery said he had made essentially
the same presentation to the Board.
On question by Councilman Sherratt, Mrs. Steuber explained that the system of land use regula-
tions proposed in the Element was less restrictive than what was recommended by the Department of
Defense.
President Corica noted that the Naval Air Station had been a major employer in the area for many
years and a source of revenue to the city.
Mr. Leonard Peters, 1003 Tahiti Lane, asked the Council not to adopt the airport safety element
in its present form. He said that as a concerned citizen he had been investigating and monitoring
the operations of the Oakland Airport for the past three years; that he was a member of the
Islandia Homeowners Association and had been asked by their Board of Directors to represent over
438 members in matters pertaining to the Oakland Airport. Mr. Peters said he had studied the
first draft of the airport safety element dated March, 1976 and had submitted a detailed analysis
to the Planning Director; that he had repeated this effort and response for the second draft
dated June, 1976. He reviewed the history of the North Field complex of the Oakland Airport,
and stated this background indicated the airport safety element being considered was the first
report of this kind which had been prepared in regard to the Oakland Airport. He said that in
reviewing the draft reports he had found many errors which he had called to the attention of
the Planning Department staff, and consequently the report had been rewritten.
Mr. Peters stated that included in the policy recommendations of the draft report were Alterna-
tives II and III which were based on possible future changes in operations at the Oakland Airport.
He said he had already obtained a commitment for the change of operations described in Alternative
III, namely the prohibition of intersection takeoffs for all IFR or straight-out departures; that
he had met with Mr. Charles Evans, Chief of Tower Controllers at Oakland Airport, who had agreed
to make this change upon receipt of a letter request. Mr. Peters suggested the city send such a
letter request immediately so the improved safety effects could be used in the basic Safety Element
rather than as an Alternative.
Mr. Peters said he would object to the basic approach which had been taken in making an airport
safety element a part cf the General Plan. He stated all of the emphasis was on land use planning,
even though studies had shown the so-called safety zones encompassed very little undeveloped land.
He said nothing had been said in the report about the continuous efforts whichhad been expended in
the fight to improve the safety of Alameda citizens, and no reference had been made to the official
actions taken by the City of Alameda against the use of Runway 27 at Oakland Airport and the use
of Runway 25 at Naval Air Station. He said it was his opinion these actions should be conformed
in the report and should include specific note of Resolutions No. 8029, adopted February 20, 1973,
No. 8164 adopted February 19, 1974, No. 8250 adopted August 6, 1974, and No. 8483 adopted
February 17, 1976. He said the report should stress that efforts would continue until all unsafe
airport operations were eliminated, and the city would be at a serious disadvantage if the airport
operators and the FAA were able to inform the city that it, not they, had an incompatible land
use. Mr. Peters alleged the present draft would abandon the protection of the long established
residents of Bay Farm Island, and urged that the draft be rejected in its present form and that it
be rewritten.
Councilman Hurwitz asked Mr. Peters if his testimony had been given before the Planning Board. Mr.
Peters said he had made a brief presentation to the Board. He said he had also suggested to the
Board that he disagreed strongly with the idea that safety zones at the Oakland Airport were the
responsibility of the City of Alameda, as he felt they should be incorporated on Airport property.
The hearing was declared closed.
Councilman Hurwitz said he thought both Mr. Beery and Mr. Peters had raised pertinent questions
and he would propose the Seismic Safety/Safety Element be sent back to the Planning Board with
transcript of their testimony.
President Corica said he would disagree as it was his understanding both parties had spoken before
Planning Board hearing.
Councilman Beckam said he would agree with Councilman Hurwitz; that he would like to see it go back
to the Planning Board and staff for a review of the points brought up at this hearing.
Councilman Sherratt asked if the Elements could be modified in the future. City Attorney Stroud
stated he would recommend, particularly as to the Airport Safety and Noise Elements, that they
be revised within a year.
At the conclusion of discussion, Councilman Diament moved the resolution adopting the combined
Seismic Safety/Safety Element be taken out of order. The motion was seconded by Councilman Sherratt
and carried on the following roll call vote. Ayes: Three. Noes: Councilmen Beckam and Hurwitz,
(2). Absent: None.
The meeting proceeded to "Resolutions".
RESOLUTIONS:
5. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8587
Amending the Comprehensive General Plan cf the City of Alameda by Adopting
the Combined Seismic Safety/Safety Element Thereof and Certifying the
Environmental Impact Report for Said Element."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following
roll call vote. Ayes: Three. Noes: Councilman Beckam and Hurwitz, (2). Absent: None.
The meeting continued with the regular order of business.
HEARINGS:
6. President Corica declared the hearing opened for consideration of the Noise Element.
Mr. Robert Ironside of the firm of Williams & Mocine presented a brief review of the preparation
of the Noise Element. He referred to the Errata page which included additionaly text on the
subject of motorcydes and similar noisy vehicles, corrections of minor typographical errors, the
replacement of the chart on page 86, and a revised page 91 (Community Noise Environments Map) which
now showed areas subject to aircraft noise CNEL higher than 65 dB.
Councilman Hurwitz inquired if the Police Department had been questioned as to whether or not they
felt they could enforce any type of noise abatement on motorcycles. Mrs. Julia Steuber, Senior
Planner, stated this had been discussed with members of the Police Department. Planring Director
Patterson referred to the report received from the City of Palo Alto explaining the enforcement
program in their community, and which had been incorporated into the Noise Element.
Councilman Beckam moved the City Manager be directed to discuss enforcement of a similar program
with the Police Department. The motion was seconded by Councilman Sherratt and carried unanimously
on voice vote.
On the call for proponents or opponents, there was no response. The hearing was declared closed.
Councilman Sherratt moved the resolution adopting the Noise Element be taken out of order. The
motion was seconded by Councilman Diament and on voice vote carried unanimously.
The meeting proceeded to "Resolutions".
RESOLUTIONS:
7. The following resolution was introduced by Councilman Sherratt. He moved its adoption to
include the Errata and Planning Board recommendations.
"Resolution No. 8588
Amending the Comprehensive General Plan of the City of Alameda by
Adopting the Noise Element Thereof and Certifying the Environmental
Impact Report for Said Element."
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.
A ten-minute recess was called. Upon reconvening, the meeting returned to the regular order of
business.
REPORTS AND RECOMMENDATIONS:
8. From the Social Service Board, signed by the President, submitting proposed work program
for establishment of a Volunteer Bureau.
President Corica reported Mrs. Darlene Banda, President of the Social Service Board, was unable
to attend this evening's meeting, however Board Members Mrs. Anita Weier and Mrs. Margaret
Howard were in the audience. He stated that he had talked to members nf hoth this Board and the
Community Relations Commission, and it was his information they would be taking into consideration
a possible merger at their next respective meetings. He suggested the report be accepted and
no action pending the decision of the Board and Commission.
Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Diament
and carried by unanimous voice vote.
Councilman Diament noted ACTEB/ACAP would soon be providing technical assistance to the city.
Councilman Beckam announced that Social Service Board Member, Mrs. Carolyn Blaisdell had been
appointed to the Manpower Advisory Council of ACTEB, and Board Member Mrs. Linda Pritchard would
serve as her Alternative.
9. From the Planning Board, signed by the Secretary, reporting determination that existing
A. D. Little Environmental Impact Report is adequate for proposed Harbor Bay Isle project.
On advice from the City Attorney, this matter was set for hearing at the next regular meeting
of October 5, 1976.
10. From Planning Board signed by Secretary, submitting recommendation en rezoning application
R-76-5. (Property adjacent to Mecartney Road and Island Drive for ultimate commercial,
community and open space uses within the Marketplace Planned Development -- Applicant: Harbor
Bay Isle).
The hearing was set for October 5, 1976.
11. From the Planning Board, signed by Secretary, subrnitting recommendation on street name change
for remnant portion of Otis Drive southerly of Peach Street terminus to Bridge View Isle.
(Applicant: John Barni, Jr., agent for adjacent property owners)
Councilman Sherratt moved approval of the recommendation. The motion was seconded by Councilman
Hurwitz and carried unanimously on voice vote.
12. From the City Manager transmitting report on cats and dogs.
Mrs. Diament reported she had received a call from Mrs. Gladys Sargent who had informed her she
would be unable to attend this meeting, and had requested the Council not take any formal action
en the matter until such time as she could be heard.
Councilman Hurwitz said he thought mandatory licensing of cats would be very impractical, however
people who chose to do so should be allowed to license their cats for identification on a
voluntary basis. He stated he thought the idea of providing traps to the general public was a
good one. He reported the present animal ordinance did not limit the number of animals to a
household, and suggested this be considered.
Councilman Sherratt noted the report stated the Pound referred people with a cat problem to a
company which provided traps and that this seemed to be working out to some degree, was less
expensive, and eliminated the city as a middleman.
Councilman Beckam asked what the potential for liability would be, either on the part of the city
cr an individual who used a city-owned trap. The City Attorney replied this could prove to be
a problem.
Councilman Diament noted a program of voluntary licensing would not eliminate the problem of
loose cats.
Mr. Charles Tillman, 2415 Roosevelt Drive, said he thought the licensing of cats was a ridiculous
idea, and that the matter should be put to rest. He suggested a strict enforcement of the
animal control ordinance as it pertained to dogs.
Mrs. Carmen Lasar, 612 Waterview Isle, said she felt people should not be permitted to administer
the cat traps. She reported the Pound kept about six traps which it placed for the catching cf
wild cats, and suggested more records be kept showing when and where the traps were placed so they
would be removed promptly and no cat would be allowed to remain caged and die. She stated that
concerning the dog licensing program, the number of licenses purchased each year was decreasing.
Mr. Lou Baca, 886 Cedar Street, said it was his opinion the cat problem was essentially caused
by the lack of owner responsiblity, and this had been the initial citizen complaint.
Councilman Hurwitz requested an investigation be made of limiting the number of animals per
household. City Manager Goss suggested another area for limitation would be exotic animals, and
this would be inccrporated in the investigation.
Councilman Sherratt moved acceptance of the report. The motion was seconded by Councilman Diament
and on voice vote carried unanimously.
13, From the City Manager concerning implementation of the Alameda Swimming Pool Association lease.
President Corica reported receipt of a communication from the Association which stated the lease
had been signed, insurance requirements met, the kindergarten program was underway with the
School District memorandum posted in each kindergarten classroom and in the City Recreation Depart-
ment, the brochure was in the hands of the City Recreabn Department, new signs were being
installed at pool sites giving phone numbers for information and membership, swim programs
were posted at the pool sites and were on file with the Recreation Department, time had been
set aside for Senior Citizens, and contact with the Mayor's Committee for the Handicapped and the
School District had been made with arrangements already made for the mentally retarded children
children who met at Mastick School. President Corica stated it appeared all of the questions
asked by the Council had been answered.
Councilman Sherratt moved acceptance of the report. The motion was seconded by Councilman Diament
and carried unanimously on voice vote.
14. From the City Manager regarding the calling for bids for construction of the Golf Course
Driving Range Building.
City Manager Goss requested the report be corrected to indicate there would be a total of thirteen
covered tees.
Councilman Hurwitz moved acceptance of the report, as corrected. The motion was seconded by
Councilman Diament and on voice vote carried unanimously.
15. From the City Manager regarding joint planning provisions of the Settlement Agreement among
the City cf Oakland, City of Alameda, Harbor Bay Isle Associates, Utah International, Inc.,
Doric Development, Inc. and Reclamation District No. 2105.
Councilman Sherratt moved acceptance of the report and authorization be given that the City
Manager and anyone on staff he may designate, and the City Attorney be appointed as staff repre-
sentatives, and President Corica as representative of the Council, to implement the joint planning
provisions of the Agreement. The motion was seconded by Councilman Hurwitz and carried on the
following roll call vote. Ayes: Five. Noes: None. Absent: None.
16. From the City Manager regarding the League of California Cities headquarters building.
Mr. Goss reported an issue before the League Annual Conference would be a special assessment
for the purpose of financing a permanent headquarters office in Sacramento for the League. He said
the matter of financing had been reviewed by the League Board cf Directors and it was recommended
by them that cities choose from two financing options: (1) payment of the assessment over a
three year period, or (2) a one-time lump sum payment. He stated it would appear savings would
occur by paying the assessment in one year.
Councilman Sherratt moved that the city's representative at the Annual Conference vote for the
construction of the new League headquarters building, and the cost to the city be covered in a
one-time payment. The motion was seconded by Councilman Beckam and carried unanimously on voice
vote
UNFINISHED BUSINESS:
17. Continued from the regular meeting of September 7, 1976, consideration of site for the
proposed Senior Citizen Center.
President Corica noted this item had been considered in the ddiscussion of written communications
received from Mrs. Ibarclle, Mr. Patton, and the Twin Towers United Methodist Church.
18. Consideration of following item brought up under "New Business" at the regular meeting held
September 7, 197E:
(a) Inquiry by Councilman Diament concerning the feasibility of harvesting and selling algae
accumulating at the South Shore Beach.
Councilman Diament requested that Professor Horne be contacted for an updated report.
19. Councilman Beckam requested a written report from the Planning Department as to their
schedule for writing the Social Element of the General Plan. He asked that the report be
submitted within one month.
20. City Manager Goss requested the Council positicn in connection with the report on the
on the A. D. Little EIR for the proposed Harbor Bay Isle project as it referred to funding of
additional sewer capacity from the Krusi Pumping Station to Broadway and Clement. He said a
question had been brought up by the Planning Board as to which agency would be responsible fer
financing such additional sewer improvements.
Councilman Hurwitz moved the Council go on record as not assuming any financial responsibility
in the matter. The motion was seconded by Councilman Diament and carried by unanimous vote.
NEW BUSINESS:
21. Councilman Hurwitz referred to communications which the Council had received commending
the actions and accomplishments of certain city employees. He requested commendatory resolutions
be prepared.
RESOLUTIONS:
22. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8589
Appointment Member of the Design Review Board." (Robert Duncan Nicol)
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.
23. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8590
Appointing Member of the Design Review Board," (Gerhard W. Degemann)
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.
On request, the City Clerk administered the Oaths of Office to Mr. Nicol and Mr. Degemann.
The following resolution was introduced by Councilman Hurwitz, who moved its adoptbn:
'Resolution No. 8591
Adopting Specifications, Special Provisions and Plans for the Construction
of the Golf Course Drivino Range Building, Calling for Bids and Directing
City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Counctilman Beckam and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
The President declared the foregoing Resolutions adopted.
ORDINANCES FOR PASSAGE:
25. "Ordinance No. 1828,
New Series
Amending Section 2-545 of the Alameda Municipal Code Relating to
Deferred Vacation Leave."
Councilman Diament moved the ordinance be passed as submitted. The motion was seconded by
Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
26. "Ordinance No. 1829,
New Series
Amending the Alameda Municipal Code by Amending Section 10-2318 Thereof,
Relating to Fees for Permits and Inspections (Electrical)."
Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by
Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
B
27. An itemized List of Claims against the City of Alameda and the Departments thereof, in
the total amount of $79,068.35, 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 September 21, 1976, and presented to the City Council at this meeting be allowed and paid.
The motion was seconded by Councilman Hurwitz and on voice vote carried unanimously.
ORAL COMMUNICATIONS, GENERAL:
28. Mr. Charles Tillman inquired concerning the Senior Citizen Discount Program.
President Corica stated the program was in the process of being printed.
FILING:
29. Specifications No. PW 9-76-10 - Golf Course Driving Range Building.
30. Councilman Sherratt moved the Council retire to executive session for a discussion of
personnel matters and litigation. 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:
31. There being no further business to come before this meeting, the Council adjourned at 11:40
o'clock p.m., to assemble in regular session on Tuesday, October, 5, 1976, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk