1976-12-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - DECEMBER 21, 1976
The meeting convened at 7:30 o'clock p.0. with President Corica presiding. The Pledge of
Allegiance was led by Councilman Hurwitz and was followed by a moment of silent prayer.
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 Alameda County Mosquito Abatement District, signed by Mr. Fred C. Roberts, Manager,
notifying the term of office of Mr. Mark Hanna, Trustee, will expire on January 2, 1977, and requ S ng
an appointment be made for the two year term ending January 2, I979.
President Corica noted the City Engineer, Mark Hanna, had served as a Trustee of the District for
many years,
Councilman Hurwitz moved that Mr. Hanna be reappointed. The motion was Seconded by Councilman
Sherratt and on voice vote carried unanimously.
It was directed a resolution effecting the appointment be placed on the agenda of the next regular
meeting of the City Council.
2. From the Alameda County Parks Advisory Commission, signed by Mr. Timothy Abel, Chairman,
concerning the State, Urban and Coastal Park Bond Act of 1976.
It was directed the report from the Recreation Commission, signed by the Secretary, regarding the
allocation OffInds from the 1976 State Park Bond Issue, be taken out of order and considered in
connection with the communication from the County Commission.
Mr, D. Grant Mainland, Director of Parks and Recreation, reported he had been a member of the County
Commission for the past 12 years. He stated the County Commission had been designated by the County
Board of Supervisors to oversee issuance of the Bond Issue money, and were asking how each of the
areas felt the funds should be allocated. He noted Alameda's share would be approximately $277,000,
if the funds were allocated on a per capita basis to the local jurisdictions, and the Alameda
Recreation Commission recommended this formula. He stated the funds from the Bond Issue were
allocated to the Counties of the State by the State Department of Parks and Recreation for allocation
to local jurisdictions following the submission of a PrfOritv plan approved by at least fifty
pereent of the cities and districts in the county representing fifty percent of the population of
these cities and districts.
President Corica reported the County Commission was asking for an application from the City prior
to January 6, 1977. Mr. Mainland explained there was a possibility fUnd3nfnht be available
shortly after July 1, 1977, if the application was pursued at this time, and if not done within
the next three months there could be a delay of at least a yedr.
Councilman Beckam moved acceptance of the report of the Alameda Recreation Commission and that the
City Manager be directed to transmit the content of the report to the Alameda County Parks Advisory
Commission.
Mrs. Inez Kapellas commented on the statement made by the County Commission that they were particu-
larly interested in implementing the hfstOiCGl preservation aspect of the Act and had asked that
this be considered in the response. She reported on the efforts being made to save the Alameda High
School building and stated there was a good chance of placing it within a historical district on the
National Register, and an application had been made in this respect. She asked that the Council
make every effort to preserve the building for the community. She stated she had employed an
attorney to obtain a restraining order to stop any further action by the Board of Education until
the state met in March to consider the application.
Councilman Sherratt seconded Councilman Beckam/3 motion, which carried unanimously on voice vote.
3. From 31 students of the Alameda Beauty College complaining of malfunctioning parking meters in
City Parking Lot "C".
The City Engineer reported all meters in the parking lot had been checked and corrected.
4. From Dr. M. Jay Garfinkle, 3I05 La Campania, regarding the policy of animal control on the
Golf COUrSS,
President Corica said there was not doubt Dr. Garfinkle had seen a City worker on the Golf Course
with a shotgun; however, he said, the City has had a permit from the Department of the Interior,
U.S. Fish and Wildlife Service, for many years to shoot coots because of the adverse effect they
have on the ground cover envfronmentu at the course. He noted the permit is restricted and its use
is kept within those restrictions.
Councilman Beckam asked if any other methods of control had been explored or used, prior to the
determination to dispose of the mudhens by shooting them.
Recreation Director Mainland explained other methods had been explored, the process being used
was standard and the U.S. Fish and Wildlife Service had advised this was the best and most proper
way to take care of the problem.
Councilman Beckam requested Mr. Mainland to investigate an alternate method of coot control within
the City limits. He suggested he look into the control method used by the Oakland Airport.
5. From Jones-Tillson & Associates concerning the revised Tentative Man for Tract No. 3645.
It was directed the report from the Planning Board, sinned by the Secretary, making recommendation
on amendments to the Tentative Map for Tract No. 3645 (Village II - Harbor Bay Isle Development),
be taken out of order and considered in connection with this communication.
Planning Director Patterson reported the Planning Board had considered amendments to the Tentative
Map at his regular meeting of December 6, 1976, and approval of the application was made subject
to ten conditions on a vote of five ayes, one no and one absent. He said he had been asked to
represent the position of the negative vote, which was that the City and the East Bay Municipal
Utility District should resolve the question regarding sewage. He reported one finding by the
Board stated the existing sewage facilities, when combined with planned sewage improvement programs
are adequate to handle the sewage flow from Villages I and II. He noted meetings had been ongoing
between EBMUD and the Engineering Department to resolve the sewage question.
President Corica asked what other affect would be made on the sewage problem when other Villages
were built. He said it was his understanding EBMUD had indicated the facility would not be large
enough at that time, and this was in dispute.
City Engineer Hanna said that with the reduction from 10,000 to 3,200 dwelling units, he saw no
urgent problem at this particular time. He stated there was capacity available now and more
capacity would be available when the City entered into the roof leader separation program. In
the meantime, he said, they were analyzing the quantities and capacities of the various components
and it was his opinion by the time Villages IV and V were ready, there might be some additional
capacities required. He stated the matter was being studied and they would be coming up with
some specific answers within the next three or four months. At that time, he said, they would be
prepared to make specific recommendations as to what might be done. However he stressed there
was no urgency in the meantime as the estimates they had for the homes to be developed between
now and July, 1978 indicated there was enough space in the system right now.
President Corica said his concern was that if there shouldbe additional capacity needed, would the
citizens of the City have to pay for the additional line, and if the developer was going to provide
the additional capacity he would like to net this commitment.
Mr. Hanna repeated his opinion there wouldn't be any problems in connection with Villages I and
II, the shopping center, school recreation site and the park. He said, however, that at some
future time further along with the total development a problem might exist. He reported the Board
of Trustees of EBMUD had stated they would not pay for any improvement in the Krusi Pumping Plant
or the discharge line, which, in his opinion, he felt was totally wrong. Also, he commented the
City Council had taken the position that the City would not be paying for these facilities,
with which he agreed. He said he did not expect the discharge line from the Krusi Pumping Station
would have to be replaced, as the capacity was available and he foresaw no problem. He stated
there might be need to run a new line across the channel to the Krusi Pumping Station, but other
than that he would not expect the developer to have to pay for improvements in the pumping plant
itself. He stated it was his position this was the end of the interceptor system and the responsi-
bility rested with EBMUD; that the City had built the Krusi Pumping Plant with its discharge
lines and it had been transferred to EBMUD with the understanding that it would be suitable for all
of Bay Farm Island. He said he was prepared to prove that point. Mr. Hanna explained the roof
leader separation program which hestated would provide a great deal of additional capacity for the
sewage coming from Bay Farm Island.
Councilman Sherratt stated he thought it imperative the City Engineer provide the Council with a
report within five or six months, upon completion of the studies, and prior to approval of Villages
III and IV, and that negotiations be continued with EBMUD. He moved acceptance of the report and
approval of the recommendation of the Planning Board. The motion was seconded by Councilman Beckam.
Mr. Joseph Sullivan, 3221 Liberty Avenue, read a prepared statement in which he indicated it was
his opinion EBMUD knew about more the disposition of clealand dirty water than anyone else and
its opinion should be given considerable weight. He suggested if the City Engineer and EBMUD
continued to disagree, advice be obtained from an independent source. Mr. Sullivan recalled the
Engineering Department had recommended the release of Utah International from further obligation
as to the adequacy of the shoreline fill at South Shore, and said it was his opinion this shore-
line now constituted a financial and physical disaster to the City. He stated that, inasmuch as
the development of Bay Farm Island would increase the City's population by about one-seventh, it
was his opinion they should be required to pay for a reasonable share of the cost of providing adequate
sewage disposition, and alleged it should cost far less now while the land is undeveloped than when
the project is completed. He asked the Council to take very seriously their obligation to present
and future residents of Bay Farm Island and of Alameda as a whole, and require adquate sewage
disposition at this time.
Councilman Diament said she knew the Council had gone on record as stating the City would not
pay for additional sewage facilities, however she wondered if once the development had been
accepted, if it would not then become a problem between the City and EBMUD, rather than the
developer and EBMUD. She expressed her concern that whether it put into writing insure that the
City would not be liable for the cost of future sewers.
President Coricaffiked if the City would have any recourse in the future if it was found there would
be an overload condition. City Attorney stated once the Final Maps were approved, that would be
the last chance for the City to make requirements of the developer.
Councilman Hurwitz asked what course of action could be taken if a problem should arise after
approval of the Final Maps and the developer, City and EBMUD all refused to pay for additional
sewage facilities. The City Attorney replied the Health authorities would probably take charge of
the matter at that point. If it were found a public -nuisance existed, then the developer could
be taken into court which might hold up the building permit.
City Engineer Hanna explained the subdivision procedure. He maintained development of Villages I
and II, the Marketplace, recreation center and park would cause no problem; that the City would
have better figures before Villages III and IV came up.
Councilman Beckam noted the development would be done in stages and by the time the final stage
was set up for approval, the figures would be known and the Final Map could be approved, or not
approved, with conditions which would lead to a solution of the problem. He said the Council would
retain full authority from the tentative on through the final stage of making whatever adjustments
were necessary.
Councilman Hurwitz asked that a statement be obtained from the developer as to their willingness
to take on the obligation, if necessary, to provide additional sewage facilities. The Assistant
City Manager was requested to contact the developer and ascertain their position in the matter.
Mrs. Helen Freeman, 831 Laurel Street, suggested that until the City had received a statement
from EBMUD agreeing with the City Engineer's opinion, nothing be done to allow the project to
proceed. She said it was her understanding that when the Reclamation District was formed, it was
under the obligation to take care of the lagoon systems, drainage and sewage. She stated $24,000,000
of bonds had been sold and only $17,000,000 or $18,000,000 had been used, and wondered if the
balance could not be used to pay for finishing up the lagoon system, sewage system, dike retention,
and other matters. She suggested the City Attorney investigate exactly what was required of the
Reclamation District, whether it could be transferred to a private entity, and, if so, what type
of bond protection the City would have.
On a call for the question, Councilman Sherratt's motion carried on the following roll call vote.
Ayes: Four. Noes: Councilman Diament, (1). Absent: None.
Councilman Hurwitz and Beckam requested the City Attorney to provide answers to the questions posed
by Mrs. Freeman.
HEARINGS:
6. In the Matter of Amendments to Zoning Ordinance No. 1277, New Series, to add Settion 11-1315(d)
amend Section 11-1319(a), and amend Section 11-1322(b), all relating to Uses Requiring Use Permits
and Uses Permitted.
President Corica explained the procedure to be followed, declared the hearing opened, and called
on the Planning Director for a review of the Planning Board action.
Mr. Patterson reported the Planning Board, at its regular meeting held November 15, 1976, had
reviewed the amendments which would require administrative offices of non-profit and community social
service organizations to obtain Use Permits in "R-4" and"R-5" zoned districts. He stated any of
these organizations presently existing in an "R-5" zone would not be subject to the provisions,
and they would be allowed in "R-6" districts as a permitted use. He said this would allow greater
flexibility for these organizations to serve the residential neighborhoods which benefit most
from their services.
On the call for proponents or opponents, there was no response. The hearing was declared closed.
Councilman Sherratt moved the ordinance be taken out of order, seconded by Councilman Beckam and
carried unanimously on voice vote.
The meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
7. Councilman Sherratt introduced the following ordinance, after which it would be laid over
under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Amending the Municipal Code by Amending Sections 11-1315,
11-1319, and 11-1322 Thereof, Relating to Zoning District Regulations."
The motion was seconded by Councilman Diament and carried on the folla4ng roll call vote. Ayes:
Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
HEARINGS:
8. In the Matter of Amendment to Zoning Ordinance No, 1277, New Series, by amending Section
11-14D6, relating to relocation of tenants in conversion to multiple houses.
President Corica explained the procedure to be filowed. He stated the purpose of the amendment
was to change the number of days from 60 to 120 of advance notice that must be given to tenants
prior to a conversion, and to extend the period of first right of refusal from 30 to 60 days. He
declared the hearing opened.
City Attorney Stroud reported the amendment would bring the condominium conversion ordinance into
conformance with prevailing State law.
On the call for proponents or opponents, there was no response. The hearing was declared closed.
Councilman Sherratt moved the ordinance be taken out of order, seconded by Councilman Beckam
and on voice vote carried unanimously.
The meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
9. 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 Section 11-14D6 of the Alameda Municipal Code Relating
to Relocation of Tenants in Conversion to Multiple Houses,"
The motion 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 order of business.
HEARINGS:
10. In the Matter of amendment to Zoning Ordinance No. 1277, New Series, by adding certain
sections to Article 4-B of Chapter 1, Title XI, relating to regulations and agatement of nonconforming
Off-Premise OUtdoor Advertising Signs.
President Corica explained the procedure to be followed. He noted the amendment pertained to
billboard type signs. He declared the hearing opened.
City Attorney Stroud reported the amendment met Constitutional requirements and he would recommend
it. He explained the amortization schedule of the ordinance.
On the call for proponents or opponents, there was no response. The hearing was declared closed.
Councilman Sherratt and Hurwitz commented on the excellence of the report prepared by Williams and
Mocine and requested copies of it be made available to the public and filed in the library.
Councilman Beckam moved the ordinance be taken out of order, seconded by Councilman Hurwitz, and
carried unanimously on voice vote.
The meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
11. Councilman Beckam introduced the following ordinance, after which it would he laid over under
provision of law and the Charter:
"Ordinance No.
New Series
Amending the Alameda Municipal Code by Amending Certain Sections of
and Adding Certain Sedlons to Article 4-B of Chapter 1, Title XI Thereof,
Relating to Regulation and Abatement of Nonconforming Off-Premise
Outdoor Advertising Signs."
The motion 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 order of business.
REPORTS AND RECOMMENDATIONS:
12. From the Planning Board, signed by the Secretary, making recommendation on Parcel Map No. 2060,
a division of Parcel B of Parcel Map No, 818, filed by California-Nevada Methodist Homes, for
property located at 508-512 Westline Drive.
President COriCD/sked if the City would have any recourse in the future if it was found there would
be an overload condition. City Attorney stated once the Final Maps were appoved, that would be
the last chance for the City to make requirements of the developer.
Councilman Hurwitz asked what course of action could be taken if a problem should arise after
approval of the Final Maps and the developer, City and EBMUD all refused to pay for additional
sewage facilities. The City Attorney replied the Health authorities would probably take Charge of
the matter at that m]jDt. If it were found a public -nuisance existed, then the developer could
be taken into court which might hold up the building permit.
City Engineer Hanna explained the subdivision procedure. He maintained development of Villages I
and II, the Marketplace, recreation center and park would cause no problem; that the City would
have better figures before Villages III and IV came up.
Councilman Beckam noted the development would be done in Stages and by the time the final stage
was set up for approval, the figures would be known and the Final Map could be approved, or not
approved, with conditions which would lead to a solution of the problem. He said the Council would
retain full authority from the tentative on through the final stage of making whatever adjustments
were necessary.
Councilman Hurwitz asked that a statement be obtained from the developer as to their willingness
to take on the obligation, if necessary, to provide additional sewage facilities. The Assistant
City Manager was requested to contact the developer and ascertain their position in the matter.
Mrs. Helen Freeman, 831 Laurel Street, suggested that until the City had received a statement
from EBMUD agreeing with the City Engineer's 3 UpiniOO, nothing be done to allow the project to
proceed. She said it was her understanding that when the Reclamation District was formed, it was
under the obligation to take care of the lagoon systems, drainage and sewage. She stated $24,000,000
of bonds had been sold and only $17,000,000 or $18,00O,000 had been used, and wondered if the
balance could not be used to pay for finishing up the lagoon system, sewage system, dike retention,
and other matters, She suggested the City Attorney investigate exactly what was required of the
Reclamation District, whether it could be transferred to a private entity, and, if so, what type
Of bond protection the City would have.
On a call for the question, Councilman 3herrdtt's motion carried on the following roll call vote.
Ayes: Four. Noes: Councilman Diament, /I\. Absent: None.
Councilman Hurwitz and Beckam requested the City Attorney to provide answers to the questions posed
by Mrs. Freeman.
HEARINGS:
6. In the Matter of Amendments to Zoning Ordinance No. 1277, New Series, to add Settion 1I-13I5(d)
amend Section 1I-1319/d\, and amend Section 11-1322/b\, all relating to Uses Requiring Use Permits
and Uses Permitted,
President Corica explained the procedure to be followed, declared the hearing opened, and called
on the Planning Director for a review of the Planning Board action.
Mr. Patterson reported the Planning Board, at its regular meeting held November 15, 1976, had
reviewed the amendments which would require administrative offices of non-profit and community social
service organizations to obtain Use Permits in ^R-4" and»R-5n zoned districts. He stated any of
these organizations presently existing in an oR-5o zone would not be subject to the provisions,
and they would be allowed in oR-6'/ districts as a permitted use. He said this would allow greater
flexibility for these organizations to serve the residential neighborhoods which benefit most
from their services.
On the call for proponents or opponents, there was no response. The hearing was declared closed.
Councilman Sherratt moved the ordinance be taken out of order, seconded by Councilman Beckam and
carried unanimously on voice vote.
The meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
7. Councilman Sherratt introduced the following ordinance, after which it would be laid over
under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Amending the Municipal Code by Amending Sections II-I3I5,
11-I319, and 11-I322 Thereof, Relating to Zoning District Regulations."
The motion 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.
HEARINGS:
8. In the Matter of Amendment to Zoning Ordinance No, 1277, New Series, by amending Section
11-14D6, relating to relocation of tenants in conversion to multiple houses.
President Corica explained the procedure to be flowed. He stated the purpose of the amendment
was to change the number of days from 60 to 120 of advance notice that must be given to tenants
prior to a conversion, and to extend the period of first right of refusal from 30 to 60 days. He
declared the hearing opened.
City Attorney Stroud reported the amendment would bring the condominium conversion ordinance into
conformance with prevailing State law.
On the call for proponents or opponents, there was no response. The hearing was declared closed.
Councilman Sherratt moved the ordinance be taken out of order, seconded by Councilman Beckam
and on voice vote carried unanimously.
The meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
9. 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 Section 11-14D6 of the Alameda Municipal Code Relating
to Relocation of Tenants in Conversion to Multiple Houses,"
The motion 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 order of business.
HEARINGS:
10. In the Matter of amendment to Zoning Ordinance No. 1277, New Series, by adding certain
sections to Article 4-B of Chapter 1, Title XI, relating to regulations and agatement of nonconforming
Off-Premise OUtdoor Advertising Signs.
President Corica explained the procedure to be followed. He noted the amendment pertained to
billboard type signs. He declared the hearing opened.
City Attorney Stroud reported the amendment met Constitutional requirements and he would recommend
it. He explained the amortization schedule of the ordinance.
On the call for proponents or opponents, there was no response. The hearing was declared closed.
Councilman Sherratt and Hurwitz commented on the excellence of the report prepared by Williams and
Mocine and requested copies of it be made available to the public and filed in the library.
Councilman Beckam moved the ordinance be taken out of order, seconded by Councilman Hurwitz, and
carried unanimously on voice vote.
The meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
11. 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 the Alameda Municipal Code by Amending Certain Sections of
and Adding Certain Sections to Article 4-B of Chapter 1, Title XI Thereof,
Relating to Regulation and Abatement of Nonconforming Off-Premise
Outdoor Advertising Signs."
The motion 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 order of business.
REPORTS AND RECOMMENDATIONS:
12. From the Planning Board, signed by the Secretary, making recommendation on Parcel Map No. 2060,
a division of Parcel B of Parcel Map No. 818, filed by California-Nevada Methodist Homes, for
property located at 508-512 WesOine Drive.
Councilman Hurwitz moved acceptance of the report and that the resolution be taken out of order.
The motion was seconded by Councilman Sherratt and carried unanimously on voice vote.
The meeting proceeded to oReSOlUti0DS".
RESOLUTIONS:
13. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8635
Approving Parcel Map No. 2050 for Division of Parcel B of Parcel
Map 819 and Permitting Recording Thereof (California-Nevada Methodist
Homes, Subdivider)."
The motion to adopt said reoluti0n was seconded by Councilman Beckam and carried on the following
roll call vote. Ayes: FjVe, Noes: None. Absent: None,
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
14. From the Design Review Board requesting the Council to make a determination on the building
relocation program of the Alameda Housing Authority; and appeal from City Manager.
President Corica stated this matter had to do with the 10 bufldinclS purchased from the Alameda
Unified School District and relocated on Alameda Housing Authority property. He noted HCDA funds
were available for their rehabilitation after which they would be made available to low and moderate
income families, however the Design Review Board had taken no favorable action and the City Manager
had entered an appeal.
Councilman Sherratt moved the appeal be granted and a hearing date set for the next regular meeting
of the City Council. The motion was seconded by Councilman Beckam and carried unanimously on
voice vote.
15. From the City Manager regarding a request from the Chamber of Commerce for funds to support
the January, 1977, PBA Tournament.
President Corica reported this had been an annual request for the past several years, however this
year an additional amount was being asked for th8purpOsg of purchasing a banner to be displayed at
Webster Street and Lincoln Ay2nUe,
MrS, Mary LOU Papson, Manager of M8l/S Bown, Mr. Andrew Pagano, President and Mr. Harry Potter,
Manager of the Chamber of Commerce, answered the questions of the Council.
Mr. Charles Tillman and Mrs. Inez Kapellas spoke in favor of the request.
At the conclusion of discussion, Councilman Diament moved the sum of $1,000 be allocated to support
the Tournament. The motion was seconded by Councilman Hurwitz and on voice vote carried unanimously.
16. From the City Manager recommending a contract time extension for construction of the Lincoln
School access roadway.
Councilman Sherratt moved approval of an extension of 14 additional days in which to complete the
project. The motion was seconded by Councilman Diament and carried unanimously on voice vote.
17. From the City Manager recommending contract be awarded to Page Construction Company,
in Joint Venture with Lloyd Hunter, for construction of the Golf Course Cart Storage Building.
Councilman Bedam moved approval of the recommendation and award of the contract to Page Construction
Company. The motion was seconded by Councilman Diament and on voice vote carried unanimously.
lO. From the City Manager reporting all work satisfactorily completed on the project of Area B,
Phase One, of Washington Park, recommending it be accepted and the Notice of Completion ordered
filed.
Councilman Hurwitz moved approval of the recommendation accepting the project and ordering the
Notice of Completion to be filed. The motion was seconded by Councilman Diament and carried
unanimously on voice vote.
19. From the City Manager regarding the Harbor Bay Isle development.
Following a brief discussion, Councilman Beckam moved the report be accepted and the resolution
taken out of order, and if adopted, the City Manager be directed to forward a certified copy to
the Planning Board. The motion was seconded by Councilman Sherratt and on voice vote carried
unanimously.
The meeting proceeded to "Resolutions".
RESOLUTIONS:
20. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8636
A Resolution of the City Council of the City of Alameda Firming the
Development and Development Schedule for Residential Development of
Bay Farm Island."
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 order of business.
REPORTS AND RECOMMENDATIONS:
21. From the Assistant City Manager concerning City participation in the County Emergency
Medical System,
Assistant City Manager Creagh reviewed his written report. He said he would recommend the City
Council to (1) take action to express its interest and intent in particpating in the County
Emergency Medical Services System, (2) direct City staff to negotiate with County personnel for a
satisfactory particpation agreement as outlined in the report, which agreement would be later
submitted to the City Council and County Board of Supervisors for approval, (3) endorse the
concept of a negotiated agreement between the County and the City's current ambulance contractor
for provision of ambulance services to the City's zone, said agreement to be along the lines
suggested in the report and to be sati!factory to the City, and (4) take action to express approval
of Alameda Hospital to be designated as the City's zone hospital under the system. He noted the
necessary agreement could be submitted to the City Council and the Board of Supervisors for review
and approval by late February, and on favorable action at that time would allow the City to enter
into the County program on March 1, 1977. He introduced Mr. Ben Matthews, Coordinator for the
County Emergency Medical Services System, who was in the audience and available to answer questions.
Councilman Sherratt moved acceptance and implementation of the recommendations of the report.
The motion was seconded by Councilman Beckam.
Councilman Diament questioned whether in designating the Alameda Hospital as the City's zone
hospital if this would preclude the ambulance service from taking a patient to another facility.
Mr. Creagh said it was his understanding if Alameda Hospital could handle the patient, it would be
the primary hospital. Mr. Matthews reported the designation of the hospital was based upon its
meeting certain minimum criteria. He said the prupose of the designated hospital in a service
area was to develop a good rapport between the ambulance service and the hsopital, with the
hospital assuming responsibility formonitoring the ambulance service and training the ambulance
personnel. He stated this did not mean everyone would go to the designated hospital and
critical cases would probably go there first, unless for medical reasons the hospital doctor
by radio felt the patient should go directly to another facility which had a higher level of
capability such as a Burn Center, et cetera. He mentioned the City would continue, under the
agreement between the City and County, to pay the cost of dry runs which should be less than they
currently were paying; also he would expect there would be some responsibility on the part of
the County to provide some form of payment for indigent patients as part of the guarantee that
thehospital would take all corners.
On a call for the question, the motion carried by unanimous voice vote.
A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order
of business.
UNFINISHED BUSINESS:
22. Continued from meeting of December 7, 1976, communication from Plumbers and Gas Fitters,
Local Union No. 444, signed by Mr. George A. Hess, Badness Manager, requesting an additional
hearing on adoption of the Uniform Plumbing Code.
President Corica reported a hearing on the matter had been held on August 17, 1976 at which time
the Uniform Plumbing Code had been adopted. He asked Mr. Hess if there was any evidence which
he wished to present which would assist the City Council in making a determination as to whether
or not to reopen the hearing, and this would be the sole action taken.
Mr. Hess stated they had received no written notice of the previous hearing however had been
notified by phone and because of prior commitments had been unable to attend. He said the
Plumbers and Gas Fitters Union had opposed the use of plastic pipe wherever it had come up within
Alameda County, as they felt its use was detrimental to the health and safety of the public and was
not comparable or equal to cast iron or copper or any of the other known products used. He
stressed they were asking for a reasonable time to show what the community would do under stress,
and reported the Fire Departments in Oakland, Hayward and San Leandro had condemned it and the Fire
Fighters of California were opposed to its use, as were the Oakland City Engineer and the Plumbing
Appeals Board.
Following a short discussion, Councilman Sherratt moved a hearing date be set in the matter for
January 18, 1977. The motion was seconded by Councilman Beckam and on voice vote carried unanimously.
23. Consideration of appointment of Tenant Representative to the Alameda Housing Authority.
President Corica placed in nomination the name of Lola S. Pruitt. The nomination was seconded
by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes:
Councilman Hurwitz, (1). Absent: None.
It was directed a resolution of appointment be prepared for consideration at the next meeting of
January 4, 1977.
24. Consideration of following item brought up under "New Business" at regular meeting of
December 7, 1976: (a) Request by Councilman Diament for preparation of resolution protesting
practice of Department of Motor Vehicles inthe sale of names and addresses.
Councilman Sherratt moved the resolution be taken out of ord2r. The motion was seconded by
Councilman Beckam and on voice vote carried unanimously.
The. meeting proceeded to "Resolution".
RESOLUTIONS:
26. The following resolution was introduced by Councilman Beckam who moved its ddOptbn/
"Resolution No. 8637
Protesting the Practice of the Department of Motor Vehicles of Selling
the Names and Addresses of Citizens Upon Request to Any Individual
or Company so Requesting and Urging Repeal of the Law Authorizing this
Practice."
The motion to adopt said resolution was seconded by Councilman Diament and carried on the foil-owing
roll call vote. Ayes: Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
UNFINISHED BUSINESS:
26, President Corica placed in nomination the names of the following persons to serve on the
Ad Hoc Community Center Committee, previously requested by the Chamber of Commerce: Andy
Pagano, Larry Keenan, Dave Krikourian, Britt Johnson, Toni Ward Haroan, Larry Patton, Phyllis
Bentson, Rev. Wilfred Hodgkins, Jack Lubbock, Chris Corpus, Inez Kapellas, Robert Hudkins and
Frank Ratto.
Councilman Hurwitz suggested James Smallman from the Victorian Society also be placed in
nomination for appointment.
President C0riCOmOOUnCed additional members would be appointed once the Committee was formed.
Councilman Sherratt moved approval of the names submitted. The motion was seconded by Council-
man Beckam and on voice vote carried unanimously.
27. Councilman Hurwitz asked that a second letter bet written to the Board of Education concerning
the condition of their property on the east side of Webster Street at the posey tUbe. He complained
it presented a poor visual image and did not enhance the entrance to the City.
Councilman Sherratt suggested Councilman Hurwitz personally approach a member of the Board, of
the School Superintendent, with his complaint.
28. Councilman Diament questioned a memo received from the City Attorney concerning access to
criminal records, and asked if an ordinance should be prepared.
City Attorney Stroud replied he did not think such an ordinance would be constitutional and
the matter could be discussed more fully at a later date, should the Council so desire.
29. Councilman Beckam presented to the Times-Star a copy of the ACTEB/ACAP funding schedule and
asked that it be publicized in the newspaper.
NEW BUSINESS:
30. President Corica questioned the status of improving the lighting at Jackson Park, and requested
a follow up report.
31. City Attorney Stroud reported the Conflict of Interest Code for the City Attorney's Office
would be on the agenda of the meeting of January 4, 1977 and the Codes of the other Departments and
Boards and Commissions would be presented prior to March 1, 1977.
RESOLUTIONS:
`32. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8638
Confirming CAnvass by Registrar of Voters of Alameda County of State
General Election Held November 2, 1976,"
The motion to adopt Sijd resolution was seconded by Councilman Diament and carried on the following
roll call Vote, Ayes: Five. Noes: NOne, Absent: None.
33. The following resolution was introduced by Councilman Beckam, whc moved its adoption:
"Resolution NO. 8639
Calling General Municipal Election to the held in the City cf Alameda on
Tuesday, March 8, 1977; Establishing Election Precincts; Fixing Number of
Election Officers on the Board of Election for Each Precinct; Fixing Compen-
Sati0O of Election Officers at Designating Hours of Voting."
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.
34. The following resolution was introduced by Councilman Beckam moved its adoption:
"Resolution No. 8640
Proposing an Initiative Election on Petition igned by Ten Percent /10%\
Of the Registered Electors; Calling a Special Municipal Initiative Election
in the City of Alameda for the Purpose of Submitting to Electors of said
City the following Measure: Shall the City of Alameda Construct an Extension
Of Fernside Boulevard from Otis Drive to Encinal Avenue, as Approved by its
Resolution Number 6733, Adopted January 1955 and in Accordance with Alameda
Engineering Department Drawing Number 5I88C, Case 51; Providing for Notice
and Advertising of Same and Consolidating Said Special Municipal Initiative
Election with the General Municipal Election to be Held in Said City on
March 8, 1977.x
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. There followed a discussion of the
effects of the Measure, if passed by the electorate.
35. "Resolution No. 8641
Proposing Amendments to the Charter of the City of Alameda on Motion of
the City Council; Calling a Special Municipal Charter Amendment Election
in the City of Alameda for the Purpose of Submitting to the Electors
Thereof Proposals to Amend said Charter, Viz: By Amending Section 2-4 to
Provide each Councilman Shall Receive $50.00 for Each Meeting and Shall
Not Receive Such fees for More than Two Meetings in Any One Calendar Month;
by Amending Section 2-14 to Provide a Two-Consecutive TEr0 Limit for Appointed
Officials; by Amending Sections 10-2, 10-4.1 to Establish Four Year Terms
for Members of the Civil Service Board, Library Board and City Planning
Board and by Amending Section 10-1, 10-4 and 15-1 Relating to Membership,
Terms and Powers and Duties of the Social Service Human Relations Board;
Fixing the Date if Said Election, the Manner of Holding the Same, and
Providing for Notice Thereof; and Consolidating Said Special Municipal
Charter Amendment Election with the General Municipal Election to be Held
in Said City On March 8, 1977.o
President Corica directed the amendments be considered separately.
Section 2-4: Shall the Charter of the City of Alameda be amended to provide that each Councilman
shall receive $50.00 for each meeting Of the Council which he shall attend; provided, that no
Councilman shall receive such fees for more than two meetings in any one calendar month?
The following persons spoke in favor of placing the Charter Amendment On the ballot: Mr. Joseph
Sullivan, Mr. Charles Tillman and Mrs. Inez Kapellas.
All Councilmen expressed their opinion. Councilman Sherratt noted the amendment had been requested
by interested citizens, and he moved the measure be placed on the ballot, as stated. The motion
was seconded by Councilman Diament and carried on the following roll co]] vote. Ayes: Three.
Noes: Councilman Hurwitz and President Corica, (2). Absent: None,
Section 2-I4: Shall the Charter of the City of Alameda be amended to limit the number of consecutive
terms an appointed official may serve to two terms?
Councilman Diament moved the Measure be placed on the ballot, as written. The motion was seconded
by Councilman Hurwitz and carried On the following roll call vote. Ayes: Fnur, Noes: Councilman
Sherratt, (1). Absent: None.
Sections 10-2 and 10-4.1: Shall the Charter Of the City Of Alameda be amended to provide that all
Charter Boards shall have four year terms?
Councilman Sherratt moved the Measure be placed on the ballot, as written. The motion was seconded
by Councilman Diament and carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
Sections 10-1, 10-4 and 15-2: Shall the Charter of the City of Alameda be amended to provide that
the name of the Social Service Board he changed to Social service Human Relations Board, that said
Board shall consist of nine members, each of said members to serve a four year term, and to have such
powers and duties as the City Council shall specify by Ordinance?
Councilman Hurwitz moved the Measure be placed on the ballot, as written. The motion was seconded
by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent:
None.
36. The following resolution was introduced by Councilman Beckam, whc moved its adoption:
"Resolution No. 8642
Rejecting Claim of Pacific Gas and Electric Company Against City.'
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call YOt£, Ayes: F1Ve, Noes: None.
37. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8643
Authorizing Execution of Agreement with Housing Authority of the City Of
Alameda Relating to Legal Representation for Said Authority (Master Contract)."
The motion to adopt said resolution was seconded by Councilman Sherratt and/carried on the following
roll Ca]] vote. Ayes: Five. Noes: None. Absent: None.
38. The following resolution was introduced by Councilman Sherratt, who moved its adoption:
"Resolution No. 8644
Authorizing execution of Agreement withHousing Authority of the City of
Alameda Relating to Legal Representation for Said AUt0rfty."
The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following
roll call vote. Ayes: FfVe, Noes: NOne, Absent: None,
The President declared the foregoing Resolutions adopted.
INTRODUCTION OF ORDINANCES:
40. Councilman Beckam moved the following ordinance be taken from the table and intrUductd, after
which it would be laid over under provision of law and the Charter:
"Ordinance No.
New Series
Amending the Alameda Municipal Code by Adding Article 4 to Chapter 3 of
Title II Thereof Limited the Terms of Boards and Commission Members."
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
41. Councilman Beckam moved the following ordinance be introduced and passed as an urgency ordinance:
"Ordinance No. I840,
New Series
Combining the Community Relations Commission and the Social Service ROxd."
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
^42. Councilman Beckam moved the following ordinance be introduced and passed as an urgency ordinance:
"Ordinance No. 1941,
New Series
Amending Certain Portions of the Alameda Municipal Code Relating to
Traffic REgulotfnns."
The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
43. "Ordinance No.
New Series
Amending the Alameda Municipal Code by Repealing, Amending and Adding Certain
Sections to Article 1, Chapter 3, Title XI Thereof, Relating to Rules and
Regulations Governing the Planning and Subdivising of Land and the Filing and
Approval of Subdivision Maps."
City Attorney Stroud requested the ordinance be amended by adding a Paragraph 9 to read: By amending
Subsection (b) of Section 11-317 to read: (b) An approved planned development shall constitute the
preliminary plan where such approval is required.
Councilman Beckam moved the ordinance be introduced as amended, after which it would be laid over
under provision of law and the Charter. The motion was seconded by Councilman Sherratt and carried
on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
ORDINANCES FOR PASSAGE:
44. "Ordinance No. 1842,
New Series
Amending the Alameda Municipal Code by Adding Section 17-338 to
Article 3 of Chapter 3, Title XVII Thereof, Designating Parking
Spaces in the City of Alameda for Physically Handicapped Persons."
Councilman Beckam 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.
BILLS:
45. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of $249,632,10, 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 mmoved the bills as itemized in the List of Claims filed with the City Clerk on
December 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 unanimuly.
FILING:
46. Financial and Operating Report - Bureau of Electricity, for month ending October 31, 1976.
47. Agreement between City and Housing Authority relating to Legal Representation for said
Authority (Master Contract).
48. Agreement between City and Housing Authority relating to Legal Representation for said Authority.
49. Alameda Visual Image: The Impact of Outdoor Advertising, prepared by Williams and Mocine.
ADJOURNEMENT:
50. There being no further business to come before the meeting, the Council adjourned at 11:20
o'clock p.m., to assemble in regular session on Tuesday, January 4, 1977, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk