1975-05-27 Regular CC MinutesADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY MAY 27, 1975
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 Father
Paul Tevlin of St. Barnabus Catholic Church.
ROLL CALI:
The roll was called and Councilman Beckam, Diament, Hurwitz, Sherratt and President Corica,
(5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held May 6, 1975, were approved as submitted.
WRITTEN COMMUNICATIONS:
2. From Mr. Joseph M. Sullivan, 3221 Liberty Avenue, suggesting changes in agenda language rela-
tive to 'Oral Communications, Agenda",
Mr. Sullivan reviewed his suggestion that the words, 'Anyone wishing to speak on any item on the
agenda or business brought up by Council members which is not on the agenda may do se when the
subject is brought up for discussion," be placed on the agenda following the above heading He
said this would allow persons to speak on subjects which night he brought up under 'Unfinished
Business" or New Business', and not set out on the printed agenda.
President Corica stated it was the intent of the Council to hear any person wishing to comment
on any agenda item, and it would also be their policy to hold over for consideration to the
following meeting any item brought up under New Business", unless it was a matter of emergency
This item would then appear on the next agenda under "Unifinished Business", The individual
Councilmen concurred with this statement.
Following discussion, it was directed that the wording. as suggested by Mr. Sullivan, be placed on
the printed agenda under "Oral Communications, Agenda".
Mrs. Helen Freeman, 831 Laurel Street, expressed her agreement with the action taken by the Council
3. From Ms. V. Fitzgerald, 1825 Broadway, concerning parking on the west side of Broadway from
Clement Avenue to Tilden Hay.
The communication was referred to the Traffic Advisory Comsdttee for consideration,
4. From Mrs, Mildred Rowe, 2710 Fernside Boulevard, opposing issuance of a Use Permit for a
carousel behind The Factory",
President Corica reported Dr. Koubek had withdrawn his application for the permit, and the communica-
tion was referred to the file.
5. From Mrs, Dorothy L. Hebei, Regent, DAR Copa De Oro Chapter, and Mrs. Violet M. Soares,
President, Alameda Historical Society, requesting funds to reimburse the DAR Bicentennial Festival
Committee for expenses incurred in the Historical Festival presentation.
President Corica stated the request concerned the program presented at the Alameda High School.
the receipts amounted to 5284.25 and the expenses were $182.80, however apparently a commitment had
been made to contribute all receipts to the Alameda Historical Society.
Councilman Hurwitz stated no promise had been made to the group for funding and it was unfortunate
that they had a deficit, however he did not feel the City could commit itself as there were many
other Bicentennial celebrations which would also require money. He rioted no funds had been budgeted
for these events. He suggested the DAR refer their request for reimbursement to the Alameda Historical
Society.
At the conclusion of the discussion, the Council declined to authorize the requested appropriation.
6. From Mr. J. C. Maggini, 352 Tideway Drive, protesting use of the Ballena Cay Bridge as a
fishing pier.
The City Clerk reported receipt this date of sixteen additional letters in support of 91r. Magginils
position.
President Corica stated he had viewed the area and was aware of the problems caused by persons fishing
from the bridge. He noted that fishing was permitted from the seawall,
Councilman Beckam recalled prior consideration given to fencing the bridge and said if he were a
resident, he would not find this aesthetically desirable.
Mr. Maggini stated he did not believe the home owners in the vicinity would like to see the bridge
fenced, if this could he avoided.
Councilman Sherratt moved that fishing be prohibited from the Ballena Bay Bridge. the motion was
seconded by Councilman Dias-lent and carried unanimously on roll call vote.
The City Attorney was directed to prepare an emergency ordinance for consideration at the next
regular meeting of June 3, 1975.
Mr. Maggini asked that after passage of the ordinance, the prohibition be enforced and the bridge
be posted. The City Manager suggested he inform his neighbors that, if violations were noted they
should contact the Police Department,
7. From the Alameda Chamber of Commerce, signed by Mr. J. B. S. Johnson, Jr., President, re-
garding the proposed relocation of the Police Department to the Post Office building.
The City Manager reported that he and the Chief of Police had recently met with representatives
of the Park Street Merchants Association and the Chamber to discuss the overall planning process.
This involved not only the Police Headquarters project, but in general, the Park Street area. He
said they planned to continue this type of informal communication.
8. From the National Rehabilitation Association, East Bay Chapter, signed by Mr, Robert G.
Mathews, Chairperson, Architectural Barriers Committee, concerning sidewalk placement in Village II
of the Harbor Bay isle Development Project; and from the Associated Blind of California, Bayview
Chapter, signed by Mrs. Mary Siusher, President, concurring with statements in the preceding
communication.
President Corica stated these communications referred to the Tenative Map for Tract No. 3645 which
had been approved by the Council at its meeting held May 6, 1975. Specifically the writers ex-
pressed their opposition to the placing of sidewalks on only one side of the street.
Mr. Melvin Kahn, 467 Central Avenue, stated the letters to the Council had been written at his
instigation and he had been asked by both organizations to represent them at this meeting. He
reported there was state legislation governing architectural barriers, and pointed out the diffi-
culties encountered by the blind and/or otherwise handicapped physically person in moving about
in areas where barrier-free sidewalks were not provided.
Councilman Diarent stated she had talked with Mr. Kahn after the previous meeting; that she felt
now she had voted to accept the Tentative Map as presented, without realizing the problems of the
handicapped. She said, in discussina the matter with the City Attorney she had been advised that
in the case of private development the Council was not able to legislate this, but she would like
to see the City develop an affirmative program to regulate architectural barriers.
Councilman Becker! noted Government Code Section 19956.5 stated that where sidewalks were to be
constructed the section would apply; however in this particular development no sidewalk was
planned to be installed. He requested the matter be referred to the City Attorney for review and
report, and it was so ordered.
President Corica asked if there were not some way the feelings c' the Council could he made known
to the developer. Planning Director Patterson reported he had spoken with Mr. Oscar Barry, the
Architect for Harbor Say isle Associates, Inc., who had stated it would be appropriate if the
Council would request a statement from them on the subject. Mr. Patterson was directed to convey
such a request to the developer.
Councilman Hurwitz inquired if the Planning Board had been aware of the exception when they had
approved the Planned Deve,opment. Mr. Patterson replied they were aware of the exception but not
of the problems discussed this evening by Mr. Kahn, and this pointed up to the need of Planned
Development policies and implementation techniques. He said that wherever sidewalks were to be
constructed, they would comply with the Government Code,
Mrs. Josephine Bixier, 814 Haight Avenue, a physically handicapped person confined to a wheel-
chair, spoke in support of the concerns expressed by Mr. Kahn,
REPORTS AND RECOMMENDATIONS:
9. From the Auditor-Assessor requesting cancellation and refund of real property taxes erroneously
lev'ed and paid.
Councilman Beckam moved acceptance of the report. The motion was seconded by Councilman Sherratt
and on roll call vote carried unanimously.
There being no objection, the meeting proceeded to "Resolutions'.
RESOLUTIONS:
10. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8348
Ordering Cancellation and Refund of Real ard Personal Property Taxes
Erroneously Levied end Collected."
The motion to adopt said resolution was seconded hy Councilman Sherratt 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 RECOMMENDAT:ONS:
11. From the City Planning Board, signed by the Secretary, making recommendation on Parcel Map
No. 1569, filed by Jones-Tillson and Associates for John Bentzen, being a division of Parcel 1 of
Parcel lap No 1367 (property located alone the tidal canal northerly of Clement Avenue at approxi-
mately Walnut Street).
Councilman Diament moved acceptance of the report and approval of the recommendation. The potion
was seconded by Councilman Sherratt and carried unanimously on roll call vote.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
12. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8349
Approving Parcel Map No. 1569 for Division of Parcel 1 of Parcel Map
No, 1367, Alameda, California, and Permitting Recording Thereof (John
Bentzen, Subdivider),"
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,
13. The following resolution was introduced by Councilman Diament, who moved its adoption:
'Resolution No. 8350
Authorizing Execution of Agreement for Construction and Completion
of Improvements in Connection with Parcel Map No. 1569 and Approving
Faithful Performance Bond as to Sufficiency (John Bentzen, Subdivider)."
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.
The meeting reverted to the regular order of business.
REPORTS AND RECOMMENDATIONS;
14. From the Acting City Manager recommending contract be awarded to George J. Jardin, low bidder,
for project of repairing Portland cement sidewalk and driveways during the fiscal year ending
June 30, 1976, at the unit prices quoted.
Councilman Hurwitz roved acceptance of the report and award of the contract as recommended The
motion was seconded by Councilman Sherratt and carried unanimously on roll call vote.
15. From the Acting City Manager recormending contract be awarded to BFPCO. Inc., low bidder, for
the project of Minor Street Patching with Asphalt Concrete during the fiscal year ending June 30,
1976, at the unit prices quoted.
Councilman Beckam moved acceptance of the report and award of the contract as reconnended. The
motion was seconded by Councilman Hurwitz and carried unanimously on roll call vote.
16.. From the City Manager recommending contract be awarded to BEPCO. Inc., low bidder, for the
project of Installing House Laterals during the fiscal year ending June 30, 1976, at an estimated
amount of $23,417.50.
Councilman Deckam moved acceptance of the report and award of the contract as recommended. The
motion was seconded by Councilman Hurwitz and on roll call vote carried unanimously.
17. From the Acting City Manager recommending all bids be rejected for furnishing 1975-76 fiscal
year requirements of Class "8 Portland Cement Concrete Transit Nix, and that materials be purchased
on the open market in accordance with Charter Section 3-15.
Councilman Beckam moved approval of the recommendations. The motion was seconded by Councilman
Hurwitz and carried unanimously cn roll call vote.
18. From the City Manager recommending sale of Fire Station 84 located at 3014 Jackson Street to
Roy K. Ching, sole bidder. for the amount of $41.559.
Councilman Beckam moved acceptance of the report. The notion was seconded by Councilman Diament and
carried unanimously on roll call vote.
Councilman Hurwitz stated he v.as pleased to see that 18'. Ching proposed to convert the Fire Station
into a family home.
There being no objection, the meeting proceeded to inuroduction of Ordinances",
INTRODUCTION OF ORDINANCES:
19, Councilman Beckam introduced the following ordinance, after which it would be laid over
under provision of law and the Charter:
'Ordinance No.
New Series
Authorizing Sale of Certain City-Owned Property to Roy K. Ching
(3014 Jackson Street, Fire Station 44)."
The motion 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 ANO RECOMMENDZIONS:
20. From the City Manager reporting all work satisfactorily completed on the project of the
installation of Storm Drains at Third Street and Central Avenue, recommending it be accepted and
Notice or Completion ordered filed.
Councilman Hurwitz moved the project be accepted as satisfactorily completed and the Notice of
Completion filed. The motion was seconded by Councilman Beckam and carried unanimously on roll
call vote.
NEN BUSINESS:
21. Councilman Hurwitz stated each Councilman had received a letter from L 11 H Enterprises
concerning parking on Park Avenue.
It was directed the communication be placed on the agenda for the regular meeting to he held
June 3, 1975, under "Unfinished Business".
RESOLUTIONS:
?P. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8351
Appointing Commissioner of the Housing Authority of the City of
Alameda." (Willeta P. O'Dell)
The motion to adopt said resolution was seconded by Councilman Sherratt ana carried on the
following roll call vote. Ayes: Five, Noes: None, Absent: None.
At this time, the City Clerk, on request, administered the Oath of Office to newly appointed
Commissioner Willeta P. O'Dell,
A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of
business.
23. 'Resolution No.
Amending the Amended Guidelines for the Implementation of the
Califcrnia Environmental Ouality Act of 1970."
The City Manager stated it had come to his attentior the exhibits accompanying this resolution had
not been distributed until late this date and perhaps more time was needed for their review.
Councilman Sherratt moved the item be held over for consideration to the regular neetinq of June 3,
1975. The motion was seconded by Councilman Beckam and on roll call vote carried unanimously.
24. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8352
Authorizing City Manager, Assistant City Manager and Assistant Director
of Office of Emergency Services, Alameda County, to Sign For' and Accept
Surplus Federal Property Under Public Law 655."
The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
25. The following resolution was introduced by Councilman Beckam, who moved its adoption:
'Resolution NG. 8353
Adopting Specifications, Special Provisions and Plans for Reconstructior
of Buena Vista Avenue from Grand Street to Mulberry Street. Calling for
Bids and Directing City Clerk to Advertise Some."
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.
26., The following resolution was introduced by Councilman Beckam who moved its adoption:
'Resolution No, 8354
Authorizing Submission of Application to United States Department of
Housing and Urban Development for Funds for 'Section 701 Comprehensive
Planning Assistance, Consisting of Overall Program Design Implementation
the Initiation of Area Planning, Revision of the Land Use Element and
Studies Relating to the Housing Element.'
The motion to adopt said resolution was seconded by Councilman Diament and on roll call carried on
the following vote. Ayes: Five, Noes: None. Absent: None,
27. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8355
Rejecting Claim of Donald E. Helmick Against City.'
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,
The President declared the foregoing Resolutions adopted,
ORDINANCES FOR PASSAGE:
28. "Ordinance No. 1760,
New Series
Authorizing Sale of Certain City-Owned Real Property to Walter R.
Kosich and Kathryn N. Anthony (2440 Santa Clara Avenue, Bureau of
Electricity Commercial Office and Parking lot)(Energency Legislation)."
Councilman Hurwitz moved the ordinance be passed as amended. The motion was seconded by Councilman
Sherratt and carried on the following roll call vote. Ayes: Five. Noes: Hone. Absent: None.
29. "Ordinance No 1761,
New Series
Amending the Aameda Municipal Code by Adding Article 6 to Chapter 3,
Title III Thereof, Relating to Reassessment of Property Damaged by
Misfortune or Calamity."
Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by
Councilman Peckam and carried on the following roll call vote, Ayes: Five. Noes: None,
Absent: None.
BILLS:
30. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of $140,996.02 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 roved the bills as itemized in the List of Claims filed with the City Clerk on
May 20, 1975, and presented to the City Council at this meeting be allowed and paid, The motion
was seconded by Councilman Hurwitz and on roll call carried by the following vote. Ayes: Five,
Noes: None. Absent: None.
FILING:
31. Agreement - Between City and John Bentzen, Subdivider - Parcel Map No. 1569.
32, Specifications No PW 5-75-8 - Reconstruction of Buena Vista Avenue from Grand Street tc Mulberry Ave.
Councilman Sherratt moved the Council retire to executive session to consider appointments to various
Boards and Commissions. The motion WaS seconded by Councilman Beau:, and on roll call carried unanimously.
After a five-minute recess, the Council reconvened in the Conference Room of City Hall for its
deliberations.
At the conclusion cf discussion, it was determined no action would be taken at this meeting. It was re-
quested that the City Attorney prepare en appropriate resolution to effect the appointment on which
the Council had reached agreement. for action by the Council at its next meeting.
ADJOURNMENT;
34. There being no further business to come before the meeting, the Council adjourned in respect to
the memory of Mr. GARDNER E MARSHALL and Mr. JOHN U. GALOVICH, former Street Department employees,
to assemble in regular session on Tuesday, June 3, 1975, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk