1975-06-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - JUNE 3, 1975
The meeting convened at 7:30 o'clock p.0' with President Corica presiding. The Pledge of
Allegiance was led by Vice President Beckam and was followed by an Invocation delivered by the
Reverend Russell E. Palmer, Pastor of the First Christian Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President
Corica, (5), were noted present. Absent: None.
WRITTEN COMMUNICATIONS:
1. From the County of Alameda, signed by Mr. Herbert G. Crowle, Director of Public Works and
Road Commissioner, requesting the Council to adopt a resolution approving inclusion of the city's
project(s) in the Safer Roads Demonstration Program.
President Corica explained that under this program the City of Alameda would qualify for S41,151
as part of a three year allocation, upon application, and the funds would be used to improve three
intersections to eliminate hazards for vehicles as well as the handicapped.
Councilman Beckam moved acceptance of the communication. The motion was seconded by Councilman
Sherratt and on roll call vote carried unanimously.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
2. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8356
Requesting County of Alameda Include City cf Alameda Project in
Tabulation of Safer Roads Demonstration Program Projects to be
Submitted to State of California."
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 returned to the regular crder of business.
WRITTEN COMMUNICATIONS:
3. From the Alameda Unified School District, signed by Mr. Charles L. Tuder, Assistant Superin-
tendent, requesting cancellation of city taxes Or real property acquired by the District for
school purposes.
Councilman Hurwitz moved acceptance of the communication. The motion was seconded by Councilman
Diament and carried unanimously on roll call vote.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
4. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8357
Cancelling City Taxes on Property Acquired by the Alameda Unified
School District for Public Purposes."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
WRITTEN COMMUNICATIONS:
5. From Mrs. Barbara M. McKee, Social Science Department, Encinal High School, requesting per-
mission for students to make a presentation regarding the "Operation Close Up" project.
Mrs. McKee stated "Operation Close Up" was a national organization founded about five years ogo,
its purpose was to teach students about government in action, and fellowships were available,
one for each school in the district of a metropolitan area. She introduced Marie Calixto and
David West, students who had accompanied her to Washington, D.C.
Both Miss Calixto and Mr. West reported they had gained much insight into government as a result of
their experience, and felt it would prove most beneficial in helping them to become better citizens.
Miss Calixto stated she had resided in the United States for only three and one-half years and would
apply for naturalization upon completion of a five-year 3tay. They both related they were much
impressed with their personal contact with Congressman Stark, and would most wholeheartedly recommend
the "Operation Close Up" program be continued in the future.
President Corica expressed the appreciation of the Council for their presentation.
REPORTS AND RECOMMENDATIONS:
6. From the City Manager transmitting request of the Alameda Unified School District for closing
a portion of Alameda Avenue in connection with the Alameda High School reconstruction.
The Hearing date on the mutter was set for July 1, 1975'
Councilman Hurwitz noted one exception requested was to widen Walnut Street to the driveway of the
cafeteria, and questioned why it would not be widened all the way to Central Avenue. The City
Engineer, with the use of a map posted on the board, pointed out the vicinity and stated the west
wing was to remain and protruded sufficiently close to the sidewalk that it would be difficult to
Obtain additional widening.
Councilman Hurwitz asked that a report be prepared on the feasibility of undergrounding utilities
along Walnut Street, from Encinal to Central Avenues, and on Alameda Avenue, from Walnut to Oak
3treetS, The City Engineer was directed to comply with this request.
There being no objection, the meeting prcceeded to "ReSolution%^.
RESOLUTIONS:
7. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8358
Declaring Intention of Council to Order Vacation of Portion of
Alameda Avenue, a Public Street in the City of Alameda, and Referring
to a Certain Map for Particulars Thereof."
The motion to adopt said resolution was seconded by Councilman Hurwitz, and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
The meeting reverted to the regular order of business.
REPORTS AND RECOMMENDATIONS:
8. From the Alameda Recreation Commission, signed by Mr. Robert G. O'Maley, Chairman, making
recommendation on reconstruction of Franklin Park Tennis Courts.
President Corica noted the Recreation Commission recommended the complete reconstruction of the
Franklin Park tennis courts utilizing currently budgeted funds plus Dwelling Unit Tax funds, as
necessary. He questioned whether there would be sufficient funds for this project and suggested the
request be held over for consideration at the time the Capital Improvement Program was reviewed.
Mr. O'Mo]ey reported the Commission had been considering the project for many months and it had
been a budget item from time to time over the years; that with the current popularity of tennis
playing, it had been intensified as a troubled item. He said the Commission recognized the reed
to conserve, however the longer the project was delayed, the more expensive it would become.
Mr. W. Lance Russum, a member of the Recreation Commission, stated the source of the money which
the Commission had planned to use for the improvement was from the Dwelling Unit Tax fund which was
specifically reserved for recreational areas, and would not take money from other capital outlay
areas. He said the Franklin Park tennis courts were in such condition as to be virtually unplay-
able and might pose a safety hazard.
The City Manager pointed out that when the Capital Improvement Program was adopted for 1974-1975,
the money in the Park and Recreation fund derived from the Dwelling Unit Tax was budgeted for
other projects throughout the park system.
Following extensive discussion, it was the consensus of the Council members that the project be
referred for consideration in connection with the review of the Capital Improvement Program; that
the Recreation Commission submit a report of their priorities between this and other miscellaneous
park improvements; and the City Engineer was requested to report on the condition of the courts
and submit an estimate of the cost to repair or replace.
9. From the City Planning Board, signed by the Secretary, making recommendation on Zone Change
No. R-75-2, initiated by the City Planning Board, to rezone certain Property known as 736 Eagle
Avenue, a pertion of Makassar Strait Village, from "M-1-PD" Intermediate Industrial, Planned
Development District, to "R-5-G", General Apartment, Government Owned or Controlled Oistrict,
The Hearing on this matter was set for June 17, 1975.
10. From the Community Relations Commission recommending establishment of a seven-member
Housing Authority Board.
President Corica reported the Commission had held a special meeting on June 2, 1975, and had requested
their report be withdrawn.
11. From the Superintendent of Streets concerning a sidewalk repair at 2329 Eagle Avenue.
The Hearing on this matter was set for June 17, 1975.
12, From the City Manager recommending contract be awarded to Alameda Times-Star for publication
Of legal advertising during the fiscal year 1975-76 at prices of 84.40 per column inch for first
insertion and $4.00 for subsequent insertions,
Councilman Beckam moved acceptance of the report and award of the contract, as recommended. The
motion was seconded by Councilman Diament and carried unanimously on roll call vote.
13. From the Assistant City Manager concerning City participation in National Flood Insurance
Program.
Following an analysis of the program by Mr. Ronald D. Creagh, Assistant City Manager, Councilman
Sherratt moved the report be accepted, the City Manager be authorized to file an application for
participation in th2 tn
'H|z ip,o,!,ai to tne FP Fl0o H5�a!,1 31o.
The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes:
FiV2, Noes: None. Absent: None.
There being no objection, the meeting proceeded to "R2SolUtiOnS".
RESOLUTIONS:
14. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8359
Assuring Federal Insurance Administration of Enactment and
Enforcement of Adequate Land Use and Control Measures Consistent
With Provisions of National Flood Insurance Program Regulations."
The motion adopt ^i( Ly Councilman Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: N0ne, Absent: None.
15. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8380
Establishing Review and Enforcement Procedures for a Flood Plain
Management Program."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: NoDe,
The Assistant City Manager was requested to seek clarification of the eligibility of individuals
Outside of flood prone areas to participate in the program.
The meeting reverted to the regular order of business.
REPORTS AND RECOMMENDATIONS:
15' From the City Manager reporting completion nf public improvements in connection with Tract
No. 3517, requesting acceptance and release of faithful performance bond. /1170 Ninth Street -
L, G. W., Inc.)
Councilman Beckam moved acceptance of the public improvements in Tract No. 3517 and release of
the faithful performance bond. The motion was seconded by Councilman Hurwitz and carried unanimously
on ro71 call vote.
17' From the City Manager regarding the proposed incorporation of the Municipal Court in the
new Police Headquarters building.
Mr. Goss recalled one of the authorizations given to the architect in pursuing the project was an
evaluation Of whether or not the Municipal Court should be located within the Police Headquarters
building. He said, initially there was interest shown by the County to do so, as their current
lease in the Times-Star building would be terminating shortly, and a decision had been made earlier
this year by the Board of Supervisors to keep the Municipal Court in the City of Alameda because
of the workload. In the beginning there appeared to be some operational advantages in having the
two facilities in the same building, however, after reviewing the space and program requirements
of both the Police Department and the Municipal Court, the architect had concluded it would not be
feasible to accommodate both functions in the Police Headquarters building. He stated this conclusion
had been reviewed by the Police Department staff and the Chief of Police, and it was his strong
recommendation the design phase of the project proceed without the court in the building, in which
Mr. Goss concurred. He noted, since it was the policy of the City Council to encourage the County
to keep the Municipal Court in Alameda, this had not been an easy question to resolve. It was
his opinion, however, that a substantial financial commitment by the County to provide permanent
space for the Court could aid in resisting future efforts to consolidate the Alameda and Oakland
Municipal Courts.
He said the County had budgeted some $500,000 for the Municipal Court project, and should be advised
Of the Council decision so they might make modification in their capital improvement budget.
Mr. Goss reported it would appear to be desirable, as set out in the architect's report, that instead
of having a formal jail there would be operational and construction advantages to reduce the jail
area to a "soft" holding facility. He said the jail would eventually become the North County deten-
tion Center contemplated to be constructed by the County, and in the interim the City would probably
contract with the City of Oakland for jail facilities.
He reiterated that in the conversion of the Post Office building to Police Headquarters, the City
did not intent to "swallow up" public parking and, if there were any modification at all, there
would be a trade-off so no parking spaces would be lost. Secondly, the Park Street merchants were
interested in looking at alternatives for expanded parking and the City had indicated their interest
in cooperating with them; and finally, the City was still awaiting the authorized appraisals before
proceeding with the details for off-street parking.
In conclusion, Mr. Goss stated it was recommended the design phase of the Police Headquarters
project proceed without the Municipal Court facility, and the County be so informed; and, if there
were no objection, design would proceed on the "soft" holding facility.
President Corica expressed his agreement with the recommendation.
Councilman Sherratt said he would agree a police facility was needed. However, he felt the present
plan would jeopardize the retention of the Municipal Court within the City, that parking would definitely
present a problem, and he was concerned with both escalating costs and the site itSelf.
In answer to a question put by Councilman Sherratt, Mr. Goss stated there was a clear indication
by the County that the Court would remain in Alameda.
Councilman Hurwitz stated he felt the ideal situation would be to have the Court in the Police Head-
quarters building, but because of the architectural configuration of the building and the compromises
being made by reason of the money situation, he would not like to jeopardize the police facilities
by overcrowding and destroying the appearance of the structure. It was his opinion the project
should proceed without the Court facility.
Councilman Beckam asked if the amount of $l,400,000 set out in the 1974-76 Capital Improvement Pro-
gram would cover the cost at this date, and Mr. Goss replied this amount was still being utilized
as the budget for the project.
Mr. Burns Cadwalader, the architect, reported the figures submitted last year were inflated to
mjd-1975 and were very close to a reasonable figure; that with the reduced program as set out in
Scheme C of his written report, the project should be within the budgeted amount.
Councilman Beckam stated he would agree with Councilman Sherratt in that before a firm decision
was made, he thought the matter of the Court should be discussed further with the County, and the
decision deferred at least until the next regular Council meeting.
At the conclusion of discussion, Councilman Hurwitz moved acceptance of the City Manager's report
and recOmmgDdati0Os. The motion was seconded by Councilman DiameOt and carried on the following
roll call vote. Ayes: Three. Noes: Councilmen Beckam and Sherratt, (2). Absent: None.
UNFINISHED BUSINESS:
18. From Mr. Louis A. Habash, 1332 Park Street, concerning the parking situation in the area.
The communication was referred to the Traffic Advisory Committee for consideration.
NEW BUSINESS:
19. President Corica reported the Mayor's Ad-Hoc Finance Committee was being revived and expanded
and the names of the members would be announced at the next Council meeting to be held June 17.
20. President Corica requested that the City Manager and Planning Director investigate procedures
by which applicants might appeal decisions on Planned Developments and Use Permits to the City Council.
21. President Corica relayed a message from former Councilman McCall, Chairman of the Bicentennial
Committee, inviting citizen participation in the Flag Day celebration to be held on Saturday, June 14.
22. Councilman Sherratt announced he would hold office hours from 9:00 a.m. to 12:00 noon on
Thursday, June 12, in Room 301 of the City Pall, for any citizens who would like to discuss their
concerns with him.
23. Councilman Hurwitz asked that staff prepare a report and/or ordinance for consideration concerning
increasing the Housing Authority Commission to seven members.
A ten-minute recess was Cdlled. Upon reconvening, the meeting continued with the regular order of
business.
RESOLUTIONS:
24. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8361
Amending the Amended Guidelines for the Implementation of the
California Environmental Quality Act of 1970'"
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the
following roll call vote. Ayes: Five. Noes: None. Absent: None.
25. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8362
Appointing Commissioner of the Housing Authority of the City of
Alameda." (Howard K. Palmer, Jr.)
The motion to adopt said resolution was seconded by Councilman Sherratt.
The following persons ppoke in opposition to the appointment, their main concerns being (1) they
did not feel Mr. Palmer was responsive to the needs of the tenants, and (2) it was their opinion,
a tenant or an unsuccessful candidate for public cffice who had applied for the appointment
should be selected. Ms. Lola Pruitt, 166 Maple Way; Mrs. Linda Pritchard, 3203 San Jose Avenue;
Mr. George Gadsby, 1423 Cottage Street; and Mrs. Joy Johnson, 2146-A San Antonio Avenue.
Mrs. Dora Gates, Accountant for the Housing Authority, spoke in support of the appointment.
Councilman Hurwitz reaffirmed his previously stated position that he did not believe anyone should
serve more than two full terms as a Board or Commission member, and for this reason he would be
unable to vote in favor of the appointment.
The remaining members of the Council expressed their support of the appointment, and on a call
for the question, the motion carried on the following roll call vote. Ayes: Four. Noes:
Councilman Hurwitz, (1). Absent: None.
On request, the City Clerk administered the Oath of Office to Mr. Palmer.
26. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8363
Authorizing Execution of Amendment to Dental Care Service Agreement
Between City and California Dental Service."
The motion tc adopt said resolution was seconded by Councilman Sherratt and carried on the
following roll call vote. Ayes: Five. Noes: None. Absent: None.
27. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8364
Authorizing Increase in Mileage Allowance for City Employees Using
Their Privately Owned Automobiles on City Business."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
The City Manager noted this would increase the rate to 15C per mile for the first 300 miles and
12C per mile for each mile thereafter, per year, and would establish a more equitable and easier
to administer mileage program. He stated this would also bring the program into closer conformity
with rates paid by other jurisdictions.
Councilman Beckam inquired as to the insurance coverage of employees using their private vehicles
On City business, and Mr. Goss stated he would investigate the matter and submit a report.
28. The following resolution was introduced by Councilman BeCkan, who moved its adoption:
"Resolution No. 8365
Authorizing Execution of License Agreement With Alameda-Contra Costa
Transit District for Installation and Maintenance of a Bus Stop
Shelter on the North Sidewalk of Santa Clara Avenue, East of Park Street."
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.
29. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8366
Authorizing the Execution of a Contract for Services of a Certified
Public Accountant for the Fiscal Year 1975-70,o
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following
r0]] call vote. Ayes: Five. Noes: None. Absent: None.
30. "Resolution No. 8367
Approving the Application for Land and Water Conservation Funds for
Washington Park Development Project."
On question, the City Manager reported the resolution would approve an application for funds for
Constructing Washington Park, Area B, Phase II, improvements. The application would be for t175,000,
or alternately, $104,206 with the funding program paying for only fifty percent of the total improve-
ments, and the City being required to provide matching funds. He stated that due to the location of
the park, the fifty percent match could be obtained from the Tidelands Trust Fund, however the amount
that might be required from this source for other projects, such as beach erosion control, was
presently unknown.
Mr. Goss said there was no question the application for $175,000, making a total of 3350,000 would
make a much more desirable project because it would include the tennis court lighting, softball
lighting, rest rooms, parking lot, et cetera.
Councilman Sherratt stated he would prefer to apply for the larger amount and do the job correctly,
and offered this as a notion, which was seconded by Councilman Hurwitz.
Councilman Beckam expressed his concern that this would exceed the budgeted amounts for the project.
Councilman Diament stated her concern was with the Tidelands Trust Funds and it was her opinion the
beach might very well be the number one priority.
Following further discussion and clarification of the application and funding by Recreation Director
D. Grant Mainland and the City Manager, on a call for the question, the motion carried on the
following roll call vote. Ayes: Three. Noes: Councilmen Beckam and Diament, (2). Absent: None.
The foregoing resolution incorporating the above motion was then introduced by Councilman Sherratt
was seconded by Councilman Hurwitz and failed to carry on the following roll call vote. Ayes: Two.
Noes: Councilmen Beckam, Diament and Hurwitz, (3). Absent: None.
Councilman Hurwitz moved adoption of the resolution without a specific dollar amount and the City
Manager be directed to attempt to obtain the larger amount. The motion was seconded by Councilman
Sherratt and carried on the following roll call vote. Ayes: Three. Noes: Councilmen Beckam and
Diament, (2). Absent: None,
Jl. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8368
Authorizing Application to Metropolitan Transportation Commission for
Federal Transportation Development Act Funds -- City Bikeway System
($11,414.00 Matching Funds)."
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.
32. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8369'
Supporting Crime Control Program as Proposed by Chairmen of Regional
Criminal Justice Planning Boards' Association."
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.
The President declared the foregoing Resolutions adopted.
ORDINANCES FOR PASSAGE:
33. "Ordinance No. 1762,
New Series
Authorizing Sale of Certain City-Owned Real Property to Roy K. Ching.
/3014 Jackson Street, Fire Station #4)"
Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Councilman
Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
34. "Ordinance No. 1753,
New Series
Amending the Alameda Municipal Code by Amending Section 4-333
Thereof, Prohibiting Fishing on Cola Ballena Bridge (Emergency
Legislation)."
Councilman Beckam moved the ordinance be introduced and passed as submittee. The motion was seconded
by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent:
None.
BILLS:
35. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of S54,301,06 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
on June 3, 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.
ORAL COMMUNICATIONS, GENERAL:
36, Mr. James P. McClure suggested that when funds for a capital improvement were requested
by citizens, City Departments, Boards or Commissions, a recommendation as to sources of funding
accompany the request.
37. Mr. Joseph M. Sullivan requested an attempt be made to change the State law governing
collection and disposition of Transfer Tax Funds.
38. Mr. Walt Allen, 1020 Pacific Avenue, asked that a blackboard be provided in the Council
Chamber to be used when project costs were discussed so the audience could follow the explan-
ation. This request was referred to the City Engineer,
FILING:
39. Amendment to Dental Care Service Agreement - Between City and California Dental Service
40. License Agreement - Between City and Alameda-Contra Costa Transit District.
41. Contract - Between City and George A. Hack]emun, Certified Public Accountant.
ADJOURNMENT:
42. There being no further business to come before the meeting, the Council adjourned to assemble
in regular session on Tuesday, June 17, 1975, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk