1975-06-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - -JUNE 17, 1975
The meeting convened at 7:30 o'clock p.m. with President Corica presidirg. The Pledge of
Allegiance was led by Councilman Sherratt and was followed by an Invocation delivered by the
Reverend Albert Larsen of the First Presbyterian Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Cid0eOt, Hurwitz, Sherratt and President Corica, (5),
were noted present. Absent: None.
MINUTES:
1. The minutes of the adjourned meeting held May 27, and the regular meeting held June 3, 1975,
were approved as submitted.
WRITTEN COMMUNICATIONS:
2. From Mrs. Dorothy C. Allen, 1020 Pacific Avenue, questioning the manner of selection of appointees
to Boards and Commissions and suggesting a two-term limitation.
President Corica stated this item would be discussed under "Unfinished Business".
3. From Mr. Peter J. Kuyper, 718-D Buena Vista Avenue, concerning the posting of gasoline prices
at service stations.
President Corica reported Senate Bill 59, introduced by Senator VOSc0nS, would require every
gasoline station to post the lowest price per gallon for regular, premium and unleaded gasoline in
a manner clearly visible from the closest adjacent thoroughfare, except as otherwise provided by
local ordinance; that it had passed the Senate and was now before the Assembly.
Councilman Hurwitz said he though it would be an excellent idea to adopt a local ordinance, if the
bill did not pass, and the City of San Francisco had done so.
Councilman Beckam suggested the matter be referred to the Planning Director and the Design Review
Board for a report, and it was so ordered.
Planning Director Patterson stated staff and the Design Review Board were aware of the bill and this
would also be taken into consideration in the drafting of the sign ordinance, however should the
bill pass it would preempt local regulations.
4. From Mr3, Mabel C. Besoyan, 2421 Marti Rae Court, complaining of traffic and noise in the
vicinity of her home.
Attorney Richard P. Schacht, representing Mrs. Besoyan, explained his client's concern was with noise
emanating from Redwood Square in the night and early morning hours, and the excessive numbers of cars
parking and driving through the parking lot in back of Redwood Square and the one next to Marti
Rae Court on Park Avenue. He stated these conditions were magnified on weekends because of the in-
creased activity in Redwood Square.
Following discussion, the City Engineer was directed to investigate the complaint and submit a report.
5. From Mr. Leon F. Corcos, 3125 Bayo Vista Avenue, proposing the Vain Library be relocated to the
Post Office building and the Library building and adjacent properties be converted to a Police Head-
quarters and Municipal Court complex.
President Corica noted this particular concept had been studied and it had been determined the
Library building was not adaptable to the needs of the Police Headquarters.
The City Manager was directed to respond to the communication and relay this information to Mr. COrcrs.
HEARINGS:
6. In the Matter of a Proposal initiated by the City Planning Board to rezone certain property
known as 736 Eagle Avenue, a portion of Makassar Strait Village, from "R-5", General Apartment
District, to "R-5-G", General Apartment, Special Government Combining District.
The City Clerk indicated the Affidavit of Publication of the required Notice of Hearing was on file
and all interested parties had been notified this would be the time and place for hearing in the matter.
President Corica informed the audience this rezoning proposal had been approved by the Planning
Board and was simply a modification of a prior action and a requirements of the zoning ordinance.
The hearing was declared opened.
On the call for proponents or opponents, there was no response. The President declared the hearing
closed.
Councilman Beckam moved acceptance of the report. The motion was seconded by Councilman Sherratt
and on roll call carried by unanimous vote.
There being no objection, the meeting proceeded to "Introduction of Ordinances".
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INTRODUCTION OF CRDINANCES:
7. Councilman Beckam introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Reclassifying and Rezoning Certain Property Within the
City of Alameda by Amending Zoning Ordinance No. 1277, N'S." (From
R-5, General Apartment District, to R-5-G, General Apartment, Special
Government Combining District - Applicant, Alameda Housing Authority)
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: N0ne,
The meeting returned to the regular order of business.
HEARINGS:
O. In the Matter of the Report of the Superintendent of Streets concerning sidewalk repairs at
2329 Eagle Avenue.
On request, the City Engineer reviewed the actions which had been taken leading up to his report.
He stated that State law and the Alameda Municipal Code require public sidewalks to be kept in a
condition that is safe and convenient for the public use and the abutting property owner is
Charged with that responsibility. In the present manner, following a reported personal injury
accident, a hazard had been determined to exist in the sidewalk in front of property located at
2329 Eagle Avenue, owned by Mr. Oren B. Johnson; that notices had been mailed to the property owner
and the property had been posted in accordance with the appropriate sections of the Streets and
Highways Code, and the property owner had failed to make the required sidewalk repairs. Thereafter
the City had proceeded to hire a contractor and make the necessary repairs to eliminate the deficiency
and had incurred costs in the amount of $55.24. Mr. Hanna reported, pursuant to Section 5016 of
the Streets and Highways Code, a notice had been given to the property owner, by certified mail,
that this would be the date, time and place for hearing in the matter. Documents in support of his
statement were presented to the City Clerk for filing.
The hearing was declared opened.
Mr. Johnson reported the bill had not been paid as an insurance claim had been filed against him.
He contended a survey made of his property indicated the area to be level and according to his
insurance carrier and surveyor, the sidewalk defect was located on adjoining property, not his.
Mr. Hanna stated he had a copy of the survey and had visited the site several times; that the best
evidence indicated the sidewalk in front of 2329 Eagle Avenue had settled, being about one inch
lower than the sidewalk in front of 2327 Eagle Avenue and his observations as well as the judge-
ments of himself, the Assistant City Engineer, the Construction Inspector and Sidewalk Inspector,
had been written down at the time they were made.
The hearing was declared closed. At the conclusion of discussion, Councilman Beckam moved acceptance
Of the report of the Superintendent of Streets. The motion was seconded by Councilman Diament
and on roll call vote carried unanimously.
There being no objections, the meeting proceeded to "Resolutions".
RESOLUTIONS:
9. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8370
Confirming Report of the Superintendent of Streets in the Matter of the
Repair of Sidewalk in Front of Property Known as 2329 Eagle Avenue and
Directing the Filing of a Notice of Lien on said Property with the City
Assessor and City Tax Collector."
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 meeting returned to the regular order of business.
HEARINGS:
10. In the Matter of the Planned Use Report for Entitlement Period 6 of the Revenue Sharing Program.
City Manager Goss reported that as a technical procedure, the Federal Government required a public
hearing be held and the submission of a General Revenue Sharing Planned Use Report for Entitlement
Period 6 (July 1, 1975-June 30, 1976\ be filed by June 24, 1975' He stated this involved approval
of a statement indicating the City's plans for spending the estimated $457,236 to be received
during 1975-76, Mr. Goss said that beginning about two years ago it had been necessary to utilize
approximately one-half of the General Revenue Sharing allotment for general support of the Police
Department; that during the current fiscal year this had amount to $350,000 and in light of prospects
for the coming fiscal year, it was his recommendation the entire amount be utilized for operating and
maintenance support of the Public Safety operation, i.e., the Police Department.
The hearing was declared OpeD8d. On the call for proponents or opponents, there was no response.
The President declared the hearing closed.
Councilman Sherratt moved acceptance of the report and recommendation of the City Manager. The
motion was seconded by Councilman Beckam and on roll call carried by unanimous vote.
REPORTS AND RECOMMENDATIONS:
11, From the Public Utilities Board, signed by Mr. L F. Randall, Secretary, transmitting copies
of their Annual Budget and Dividend Resolution.
President Corica complimented the Public Utilities Board and Mr. Randall for their pledge of a
transfer of funds totaling $850,000 to the General Fund.
Councilman Beckam moved the report and resolution be accepted. The motion was seconded by
Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
12, From the City Planning Board, signed by the Secretary, making recommendations on Tentative
Map for Tract No. 3631, filed by John Anthony for Kenneth C. Aitkens, a 92-unit apartment-motel
complex conversion to 86 condominium units for property located at 400 Park Street; and from
Attorney Stanley D. Whitney, requesting consideration of the Tentative Map for Tract No. 3631 be held
over to the regular meeting of July 1, 1975,
There being no objection, the President directed the matter be held over, as requested, and replaced
OD the agenda of the next regular meeting.
13. From the City Planning Board, signed by the Secretary, making recommendation on Parcel Map
No. 1648, filed by Mr. George Arada, a division into two parcels of property located at the south-
east corner of Calhoun and Peach Streets.
President Corica reported the Planning Board had recommended approval.
Councilman Hurwitz noted the Bureau of Electricity recommended undergrounding of the utilities,
but the owner felt this would be a hardship and had requested an exception from this requirement.
However, he stated, he was of the opinion the undergrounding of utilities throughout the City should
be started as soon as practical, to which Councilman Sherratt agreed.
There followed a discussion of the advisability to require undergrounding of the utilities in this
particular instance.
Mr. Arada, 996 Peach Street, explained all other homes in the neighborhood were connected to overhead
Utility lines and it would be many years before there would be any additional new construction in the
immediate area.
Councilman Hurwitz moved acceptance of the report and approval of the Parcel Map subject to the
conditions as listed in the City Engineer's report, and that the applicant provide a 22-fOOt 3ide-
yard. The motion was seconded by Councilman Sherratt and failed to carry on the following roll
call vote. Ayes: Two. Noes: Councilmen Beckam, Diament and President Corica, (3).
Councilman Beckam then moved approval of the report subject to the provisions of the City Engineer's
report dated April 16, 1976, together with the 22-foot sideyeard easement and excepting the under-
grounding of utilities. The motion was seconded by Councilman Diament and carried unanimously on roll
call vote.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
14, The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8371
Authorizing Execution of Agreement for Construction and Completion of
Improvements in Connection with Parcel Map No. 1548 and Approving
Faithful Performance Bond as to Sufficiency (Annabelle L. Arada, Subdivider).
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.
15. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8372
Approving Parcel Map No. 1548 for Division of Property at the Southeast
Corner of Calhoun and Peach Streets, Alameda, California, and Permitting
Recording Thereof (Annabelle L. Arada, Subdivider)."
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,
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
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15. From the City Manager recommending contract be awarded to Treehaven Nursery Company, lowest
and best bidder, for furnishing to the City 168 Specimen Sized Trees in Box Containers for
Northside Park, at a price of $5,914.62.
Councilman Hurwitz moved 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 City Manager submitting Recommended Tentative Budget for Fiscal Year 1975-1975.
Councilman Hurwitz moved the Recommended Tentative Budget be accepted. The motion was seconded
by Councilman Diament and on roll call carried by unanimous vote.
President Corica stated the City Manager would make his presentation of the Budget at a special
meeting of the Council to be held on Tuesday, June 24, 1975.
17. From the City Manager transmitting 1975-1976 General Revenue Sharing Planned Use Report.
President Corica reported this item had been considered under "Hearings".
Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Sherratt
and carried unanimously on roll call vote.
UNFINISHED BUSINESS:
18. Presidert Corica read the names of the ten persons appointed to the expanded Mayor's Citizen
Finance Committee, who would be charged with exploring alternate methods of capital improvement
financing which would not require an increase in the property tax rate, and report these findings
to the Council. Those appointed were Messrs. Donald Gehb, James McClure, Joseph Sullivan, Roger
Howard, Lawrence Patton, John Hoffer, Charles Tillman, W. Lance Russum, Roland Cecchettini and
Mrs. Lola Bernett.
19' Continued from the meeting of May 6, 1975, consideration of policy to limit membership on
Boards and Commissions to two full consecutive terms.
Councilman Hurwitz read a prepared statement in which he recalled that when he, Councilman Beckam
and President Corica had been elected to office two and one-half years ago they had promised to
involve more people in City government. This had been implemented, in part, when they established
a policy to accept applications for appointment to Boards and Commissions and, since that time,
many new persons had been appointed. He said, as a logical step to involve as many people as
possible, he felt membership to these Boards and Commissions should now be limited to two full
consecutive terms and thus afford a much greater opportunity to the many citizens who were
interested in serving. He stated this was no reflection upon the present members who had
served for more than two terms, as there was no reason they could not use their talents in
service on some other Board, or, after a suitable break in service, if they chose to re-apply
they could be re-appOint2d. He said he had received a few letters and many phone calls supporting
his position, and had not received any negative comment.
Councilman Hurwitz requested a resolution be drafted for presentation at the next meeting setting
City Policy in limiting membership or all City Boards and Commissions to two full consecutive
terms, and a ballot proposition be prepared for the next City election to add the 5a02 limitation
in the City Charter for all elected officials with the exception of the Treasurer and Assessor.
The following persons spoke in support of Councilman Hurwitz' statement and request: Mrs. Dorothy
Allen, 1020 Pacific Avenue; Mrs. Linda Pritchard, 3263 San Jose Avenue; Mr. Joseph Sullivan,
3221 Liberty Avenue; Mrs. Darlene Banda, 919 Del Mar Avenue; and Mr. James Kennedy, 2906 Lincoln
Avenue.
Following discussion, Councilman Beckam moved the City Manager and City Clerk be directed to pre-
pare a draft of a policy or rules or procedures pertaining to membership on Boards and Commissions.
The motion was seconded by Councilman Hurwitz and on roll call vote carried unanimously.
Councilman Diament also asked that a report be prepared on all of the Charter provisions which
should be amended. She suggested the Charter Revision Committee be re-activated, if this were
deemed necessary.
20. Councilman Beckam noted the Bay Farm Island Fire Station had opened on June 13,
21' Councilman Beckam stated the resurfacing of the Grand Street boat launching ramp area had
been completed and commented on its pleasing appearance.
A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of
business.
NEW BUSINESS:
22. President Corica read a memorandum received from the Chief of Police reporting those officers
who were recent college graduates while serving in the Department. He commended them for their
scholastic achievements.
23. President Corica read a letter received from W.R. Thomason, Inc., General Engineering Contractors,
expressing their appreciation to the City Engineer and staff for their cooperation in the perfor-
mance of their contract with the East Bay Municipal Utility District On Bay Farm Island.
24. President Corica, in commenting on the Design Review Board, stated he had received complaints
from persons living in single-family homes located in other than an xR-l'/ zone, whn were required
to appear before the Board, pay a $25 fee and wait for a hearing, whereas single-family structures,
regardless of zoning, be exempt from review by the Board. Further, he said the City was attempting
to attract new business enterprises and he felt perhaps the Board was being too stringent in its
requirements.
Councilman Hurwitz stated he had discussed this subject with the Planning Director and staff and
they were aware of many problems which had arisen and might have changes to propose. He complimented
the Board for the outstanding job it had done in the short time of its existence, however noted
people were prone to complain, also, when required to conform with the Building Code, set-backs, etc.
Councilman Sherratt suggested the members of the Board and staff prepare a recommendation as to the
effectiveness of the Board and the Ordinance, and the matter be reviewed in more detail as to the
overall structure at that time.
Councilman Diament stated she felt a real need had been demonstrated to alter the Ordinance and
receive recommendations; however, in the meantime, perhaps the Council could solve the problems which
had been brought to their attention, thereby making it possible for people to take care of their
single-family homes,
On question, Planning Director Patterson reported there was presently an appeal process from the
Design Review Board to the Council, however, to his knowledge, no formal appeals had been filed in the
six-month period of the Board's existence. He said they had received verbal complaints. It was his
opinion the big problem was with small applications such as re-roofing, carports, room additions,
garages, porches, stairs, balconies, windows, et cetera, and he and Mr3. Julia Steuber, Associate
Planner, were in the course of drafting a memorandum to the Design Review Board suggesting staff
approval of this type of application and an adjustment in the fee charged. He said, in the event
Of an impasse between the applicant and staff, the matter would automatically be referred to the
Design Review Board for disposition. Mr. Patterson said the Board was presently developing a
consent calendar in an attempt to expedite minor applicdti0ns.
Following further discussion, it was directed that Planning staff and the Design Review Board
submit a report as to the changes which they would recommend.
Mrs. Ella May Waterbury, 328 Beach Road, reported that twenty-three years ago they had built their
Ovmh0Ve, She stated that at this time, to avoid the recurring maintenance of painting, they had
decided to stucco their home. Unaware of the Design Review Board ordinance, they had proceeded to
ready the house for the stucco work when they were informed they could not do it. She said she felt
there were inequities and hoped they could be changed, and that the appeal process was time-
consuming. In submitting the plans, she noted it had been necessary for her to locate the existing
structures on the lot, the existing tees and natural attributes, parking and loading facilities,
locations of walls and fences and indications of their height and material of construction, floor
elevations, indications of colors and materials, location and identification of plant material and
a color palette.
Mrs. Waterbury stated her only purpose was to stucco the house, not to remodel it She set out her
further complaints with the fee charged for processing her application, the length of time it ' ht
take before the matter was before the Design Review Board, the inequitable situation she found her-
self in by residing in a single-family residence in an "R-2" zone, and the $1,000 limitation.
On question, Mr. Patterson indicated the requested report should be forthcoming in approximately
thirty days.
RESOLUTIONS:
25. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8373
Providing for the Amount Per Diem for Officers and Employees of
the City of Alameda for Traveling Expenses."
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 Hurwitz, who moved its adoption:
"Resolution No. 8374
Authorizing Year-End Transfers on the Books of Account of the
City of Alameda."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following
roll call YOt2, Ayes: F1VS, Noes: None. Absent: None.
27. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8375
Amending Resolution No. 8354 to Change Amount of City's Matching
Fund Contribution (HUD 'Section 701/ Comprehensive Planning Assistance
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,
The President declared the foregoing Resolutbns adopted:
INTRODUCTION OF ORDINANCES:
28. Councilman Beckam introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
Amending Certain Portions of the Alameda Municipal Code Relating
to Traffic Regulations."
The motion was seconded by Councilman Diament and carried on the followirg roll Ca]] VOt2, Ayes:
Five. Noes: None. Absent: None.
Councilman Beckam suggested traffic regulations in the future be introduced and passed as
emergency legislation in view of the apparent need for the public health, safety and welfare.
BILLS:
29. An itemized List of Claims against the City of Alameda and the Departments thereof in the
total amount of $65,575.35 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
June 17, 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:
30. Mrs. Darlene Banda requested the status of the report concerning the expansion of the Housing
Authority Board.
The City Manager indicated this report should be submitted within onemonth's time.
31. Mr. Donald Dunn, 2128 Clinton Avenue, stated he represented about 100 real estates sales
people within the City who had recently been billed S25 each as a license fee. He complained
that the ordinance establishing the fee was some 20 years old and this section had not heretofore
been pursued. He noted that in the Cities of San Leandro and Oakland, a Real Estate Salesman
was not charged a business license fee, and in the Cities of Hayward and Berkeley the fee was
only $15, He said many of the larger corporations and semi-professional and professional people
in the City were paying a very nominal fee in CU0pariSOU. He suggested a revision of the business
license fee ordinance.
32. Mr. John Barni, 335 Driftwood Lane, remarked that approximately five years ago he had
suggested revision and updating of the fee schedule charged by the City. Also, he stated he had
previously complained of inequities in real property assessments and it was his opinion the City
might gain additional revenue in investigating this practice.
President Corica stated all of the above suggestions would be considered by the Mayor's Citizen
Finance Committee.
FILING:
33. Agreement - Between City and Annabelle L. Arada - re Parcel Map No. 1648,
ADJOURNMENT:
34. There being no further business to come before the meeting, the Council adjourned to assemble
in regular session on Tuesday July 1, 1975, at 7:30 t.m.
Respectfully submitted,
"'�
City Clerk