1977-04-19 Regular CC MinutesS20
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - APRIL 19, 1977
The meeting convened at 7:30 o'clock p.m. with President Corica Presiding. The Pledge of
Allegiance was led by Councilman Hurwitz and was followed by an Invocation delivered by Mr.
Robert Slower, Member of the Baha'i Faith.
ROL.L CALL:
The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica,
(5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held March 15, 1977, were approved as submitted. Council-
man Sherratt abstained from voting on their approval as he had not attended the meeting,
2. At this time, President Corica thanked Councilman Hurwitz for his endeavors over the past
four years, and expressed the appreciation of the community for his diligent service.
Councilman Hurwitz stated he had enjoyed being on the Council and was proud of what had been
accomplished the last four years, that he looked back upon this time with fond memories and maybe
he would he back on the Council some day in the future.
ORGANIZATION OF THE COUNCIL:
3. The City Clerk, on request, administered the Oath of Office to the following Councilmen-elect
George W. Beckam, Jr., Anne B. Diament and Charles 9. Tillman. The new Councilmen were invited
to take their seats with the other members of the Council.
4, The City Clerk, on request, administed the Oath of Office to the re-elected Auditor-Ex Officio
Assessor, Raymond D. Martin,
5. Councilman Beckam stated he had the honor of serving on the Council for the past four years
and expected to work in the same fashion for the next two years and hoped the Council would be
able to achieve at least half as much during the coming two year period as it had in the past four
years.
Councilman Diament introduced her husband, Richard, her daughter and son-In-law, Dorothy and Ray
Myer, her grandson, Robbie Myer, and her son and daughter-in-law James and Diane Diament. She
expressed her appreciation to her family and the people who had worked so closely with her during
her campaign, and to the citizens of Alameda who had voted for her, she stated she appreciated
their confidence and would do her best to serve the entire community.
Councilman Tillman complimented Councilman Hurwitz for efforts on behalf of the City. He introduced
his wife, Estelle; his aunt, Alice Parker; and his sister, June Cavanaugh, Councilman Tillman
said it would be his goal during his term of office to carry out the wishes of the electorate
with respect to the extension of Fernside Boulevard, and to pursue the financing and priorities
of needed Capital Improvement projects.
Mr. Martin introduced his wife, Dell.
A ten-minute recess was called, after which the meeting reconvened with Councilman Tillman taking
his seat on the Council.
ROLL CALL:
6. The roll was then called and Councilmen Beckam, Diement, Sherratt, Tillman and President
Corica, (5), were noted present. Absent: None.
7, President Corica announced that, in accordance with the provisions of Section 3-7(a) of the
City Charter, nominations were open fer the office or Vice Mayor of the Council.
Councilman Tillman placed in nomination the name of Councilman Diament for the office, The
nomination was seconded by Councilman Diament, Councilman Beckam placed in nomination the name of
Councilman Sherratt. Councilman Sherratt stated he appreciated the honor but would have to decline.
He further seconded the nomination of Councilman Diament and moved the nominations be closed. The
motion was seconded by Councilman Diament, On a call for the question, the nomination of Councilman
Diament for the office of Vice Mayor of the Council carried on the following roll call vote. Ayes:
Five, Noes: None. Absent: None,
The City Clerk then administered the Oath of Office to the newly-elected Vice Mayor of the Council
of the City of Alameda.
WRITTEN COMMUNICATIONS:
8. From Mrs, Judy Ann Christen, 2013 Yorkshire Place, appealing decision of the Planning Board
in denying Administrative Variance AV 77-2, seeking to encroach IF' into the required 20 rear
yard setback for a width of 17' for a room addition.
President Corica reported the Adding Zoning Administrator had denied the variance which had been
appealed to the Planning Board by the applicant, and thence to the Council. .At the suggestion of
Councilman Sherratt, he asked Mrs. Christen if she had evidence tc present which had not been
available at the time of the Planning Board hearing.
Mrs. Christen referred to her communication to the Council setting out the reasons she believed
the variance for a room addition should be granted. She reported her adjoiring neighbor had constructed
a 16 enclosed patio and her neighbor to the right had built a detached separate room which could
he used as living quarters and had a fireplace,
Councilman Tillman stated he had viewed Mrs. Christen's residence and the adjoining premises at
2909 Yorkshire Drive. He asked the Planning Director tc explain a statement made in the Planning
staff's report to the Board that the house at the subject location-had a second story and there
were alternative design solutions to the family's needs for more space which had not been completely
explored, Mr. Patterson stated this referred to additional living space which might be obtained
at the second story level of the home and would he amparable to approximately the same amount of
room requested by the variance.
Mrs. Christen stated the cost of expanding the second story would approximate $17.000 with an
additional $3,000 to cover the expense of the added roof, that it would cost only about $10,000 to
enlarge the family room, as requested.
Councilman Sherratt noted the issue was whether or not the 16 proposed permanent room encroachment
would meet the minimum distance requirement which must be maintained under the Zoning Ordinance;
that it was incumbent upon the Council to find something had been done inappropriately by the Planning
Board or there was new evidence, if the Council wished to set a hearing date on the appeal.
At the conclusion of discussion, Councilman Tillman moved the appeal be denied. The motion was
seconded by Councilman Sherratt and carried unanimously on voice vote.
9. From Mr. Joseph M. Sullivan, 3221 Liberty Avenue, concerning a continuous band of open space
around Bay Farm Island, and the final report of the Mayor's Ad Hoc Committee on Financing Capital
Improvements.
President Corica reported the Council at its last meeting had gone on record as being in favor
of a continuous band of open space around Bay Farm Island.
Mr. Sullivan commented on the Harbor Bay Isle development. He expressed his concern as to who
would bear the responsibility for any unforeseen expense with regard to the Bay Farm Island fill
in the future whether it be the shoreline, private streets, lagoon systems or other, President
Corica stated no decision had yet beer made as to who would be responsible for their maintenance,
and the matter was currently under discussion.
City Manager Goss stated that at the present time there was no beach area involved in the project.
On question, City Engineer Hanna informed the Council that the Fill Agreement with the developers
specified clearly that the retention of the perimeter was the responsibility of the developer
and/or the home owners who came after them,
Councilman Diament stated that inasmuch as Mr. Sullivan had mentioned a bond, she questioned whether
it was possible for the City to require a bond which would guarantee maintenance. City Attorney
Stroud noted the Reclamation District was charged with that responsibility but whether or not they
would continue to function after the bonds were paid off was an unknown.
Mr. Sullivan referred to a recommendation of the Mayor's Ad Hoc Committee on January 22, 1975,
in part, to protect the taxpayers in the future in regard to the Bay Farm Island fill, Utah
International should he required to post a bond in an amount that would be sufficient to correct
a similar condition should they occur. This bond should he for a term of possibly 25 years and
only released then after a team of three competent engineers so recommend," He urged the Council
to commence action in the matter.
Mrs. Leora Feeney, 1330 Eighth Street, Chairman of "Save Our Shoreline", stated she had recently
reviewed the original Fill Agreement adn it was her belief there was a $500,000 bond on the fill
and a two year guarantee; that the bond existed today with the Reclamation District and would be
transferred to the Home Owners Association. She suggested this information be confirmed, and
consideration be given to increasing the face amount of the bond. She said their objective was
to achieve a 100 foot continuous band along the shoreline,
10. From Mr. Calvin M. Jones, Civil Engineer, requesting the City Council to initiated proceedings
for the abandonment of a 17-foot 0.0873-acre parcel of Block 2, Tract No. 3713 (existing County Road).
President Corica commented this involved a smell triangular portion of property near Mecartney Road,
Councilman Sherratt roved acceptance of the request and that staff be instructed tproceed. The
motion was seconded by Councilman Tillman and on voice vote carried unanimously.
11. From Mr, Lars R. Lind, 3260 Briggs Avenue, concerning his request for a revocable permit to
encroach into the public right of way for the construction of a fence in front of the above described
property,
Mr. Lind commented on his previous letter to the City Council and the action taken referring the
request to the Engineering Department. He stated he had subsequently contacted the City Engineer
who had unformed Mr. Lind he would recommend against granting the request, Mr. Lind listed as
his reasons for requesting the permit the following: (1) his garage had swingout doors with a 1-foot
radius; (2) the gate which would go across the front of the yeard had a 5 -foot swing, and if both
the gate and the garage doors were open with a car parked in the driveway, there would he only
6 inches on either end of the car. He said he did not believe a fence built 4 feet into his lawn
would he very aesthetic; that he would be soending approximately $3,000 to have the fence constructed
and he wished it to look goo d as well as being functional, and had contracted to have the work
done, however the builder had advised him a permit might be required.
President Corica stated he had viewed the premises and noted that the fence on property at the
corner of Fernside Boulevard and Briggs had a setback and was not displeasing to the eye.
Councilman Tillman said, he, also, had looked at the site. He referred to other properties in
the city which had beep required to meet the fence setback lines, and said he would concur with
staff recommendation that the permit did not need be granted.
Councilman Diament commended the City Engineer on his written report which, she stated, gave a
very complete and full explanation of his reasons for recommending the permit not be granted..
Councilman Beckam asked the City Engineer to discuss setback bs right of way line and the ownership
of property on each side of the right of way line, with which Mr. Hanna complied. Mrs. Inez
Kapellas took exception to his remarks concerning public ownership of the right of way,
Councilman Tillman moved the encroachment permit be denied, seconded by Councilman Beckam and
carried unanimously nn voice vote,
12. From the Alameda Chamber of Commerce, signed by the President in support of a proposed
amendment to the Section 11 -14E5 of the Alameda Municipal Code relating to adult entertainment
activity,
The communication was referred to "Hearings"
HEARINGS:
13. In the Matter of a proposal to amend Section 11 -14E5 of the Alameda Municipal Code relating
to adult entertainment activity.
The Clerk noted the Affidavit of Publication of the required Notice of Hearing was on file.
President Corica explained the procedure which would be followed and called upon the Planning
Director for an explanation of the Planning Board recommendation.
Mr. Patterson stated at their regular meetings of February 28 and March 14, 1977, the Planning
Board had considered amendments to Section 11 -14E5 relating to Adult Entertainment Activity,
which had been proposed by the Alameda Police Department. He reported thatat the close of
the public hearing a motion previaled to recommend to the City Council that the word "adult"
be placed before "motion picture theaters" and "massage establishments" be added to Section
11 -14E5; that the word "establishments" was a recommended substitution for the word "parlors"
in the application, He said discussion had raised the issue of whether this amended Ordinance
would affect legitimate massage services offered at institutions such as the Elks Club and the
South Shore Beach and Tennis Club. Mr. Patterson reported the recommendation for approval was
based upon the following findings: (1) the establishment or maintenance of adult motion pitture
theaters or massage parlors within the City created serious objectionable operational character-
istics which add to blight or downgrade surrounding neighborhoods; (2) the Police Department
had documented continual illegal activity within massage parlors ir the city; and (3) the public's
health, safety and welfare would be further insured by the regulation of these Adult Entertain-
ment. activites.
City Attorney Stroud recommended the words "massage parlors" not be changed in this section as it
was defined in other sections of the ordinance.
President. Corica declared the hearing opened. On the call for proponents, Chief of Police Richard
Young concurred with the recommendations of the Planring Board and City Attorney,
Mr. Brent Ryder, representative cf the West Alameda Business Association, said he was of the
opinion adoption of the ordinance would help the business community. He urged the Council to
pass it and commended Chief Young for initiating the ordinance.
Nir. Harry Potter, Manager of the Chamber of Commerce, expressed their support of the proposal.
On the call for opponents, there was no response. The hearing was declared closed.
Following a brief discussion, Councilman Sherratt moved the ordinance for introductim be taken
out of order. The motion was seconded by Councilman Diament and on voice vote carried unanimously.
INTRODUCTION OF ORDINANCES:
14. Councilman Diament 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 Section 11 -14E5 Thereof
Relating to Adult Entertainment Activity."
The motion was seconded by Councilman Sherratt and carried en the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
HEARINGS:
15. In the Matter of a proposal to reclassify from M-2, General Industrial District, to M-2-G,
General Industrial, Government owned or Controlled, District the U,S. Naval Reserve Training
Center located at 2144 Clement Avenue.
The Clerk noted the Affidavit of Publication of the required Notice of Hearing was on file.
The President declared the hearing opened. On the call for proponents or opponents there was
no reponse, The hearing was declared closed.
Councilman Sherratt moved the ordinance for instroducticn be taken out of order. The motion was
seconded by Councilman Diament and carried unanimously on voice vete.
INTRODUCTION OF ORDINANCES:
16. 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 Wtthin the
City of Alameda by Amending Zonino Ordiratne No. 1277, N.S," (U.S.
Naval Training Center)
The motion was seconded by Councilman Diament and carried cr the following roll call vote. Ayes:
Five. Noes: None. Absent: None,
The meeting returned to the regular order of business.
HEARINGS:
17. President Corica announced the advertised public hearings and consideration of ordinances in
the matters of the apoption of the (1) Uniform Building Code, 1976 Edition; (2) National Electrical
Code, 1975 Edition; and (3) Uniform Fire Code, 1976 Edition, would be held over to the regular
meeting scheduled for May 3, 1977.
REPORTS AND RECOMMENDATIONS:
18. From the Auditor-Assessor submitting renuest for cancellations of various years taxes on
Secured Property Tax Poll, and refund of 1976-77 Personal Property Taxes on Unsecured Roll,
Councilman Beckam moved acceptance of the report and the resolution be taken out of order. The
motion was seconded by Councilman Sherratt and on voice vote carried unanimously.
RESOLUTIONS:
19. The following resoluticnwas introduced by Councilman Beckam who moved its adoption:
'Resolution No. 8700
Ordering Cancellation and Refund of Real and Personal Property Taxes
Erroneously Levied and Collected."
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 husiness.
REPORTS AND RECOMMENDATIONS;
20. From the City Manager reporting completion of the public improvements in connection with
Parcel Map No. 1821, recommending acceptance and release of bond. (Smith-Rice Company, waterfront
property north of Clement and Walnut)
Councilman Beckam moved acceptance of the public improvements for Parcel Map No. 1821, and release
of the bond. The motion was secodded by councilman Sherratt and carried unanimously on voice vote.
21. From the Assistant City Manager trammitting consultant's report and recommendations on
public liability insurance.
From the Assistant City Manager regarding his report. President Corica noted this was an extensive
report concerning the feasibility of self-insurance.
Councilman Sherratt moved acceptance of the report, approval of the recommendation and authorization
be given to the Assistant City Manager to proceed with their implementation. The notion was
seconded by Councilman Diament and carried unanimously on voice vote.
22. From the Assistant City Manager concerning the County-wide Emergency Medical System.
Councilman Beckam moved acceptance of the report and the resolution be taken out of order,
seconded by Councilman Sherratt, carried unanimously on voice vote.
RESOLUTIONS:
23. The following resolution was introduced by Councilman Beckam who moved its adoption:
"Resolution No. 8701
Authorizing Execution of Agreement with County of Alameda Relating
to Emergency Ambulance Service in the City of Alameda.'
The motion to adopt said resolutbn was seconded by Councilman Sherratt and carried on the following
roll call vote. Ayes: Five, Noes: None, Absent: None.
Themeeting reverted to the regular order of business.
REPORT AND RECOMMENDATIONS:
24. Held over from the regular meeting of April 1, 1977, from the City Manager -ecommending
approval of the Final Mac for Tract No. 3534, Neighborhoods 1 and 2 of Village 1, Harbor Bay
Isle.
President Corica stated this item and the resolution prepared for consideration would be held
over and rescheduled for a later meetihg.
UNFINISHED BUSINESS:
25. Request by Councilman Diament for preparation of a resolution indicating approval of the City
to sponsor a pilot program initiated by the Latham Foundation, Alameda Animals Rescue and Control
and Fernside Sanitarium to take animals to visit incapacitated persons and Meals on Wheels recipients.
Councilman Sherratt goestioned the libbility of the City respecting such a program, in the event
of injury to a participant. City Attorney Stroud stated he would not recommend City involvement
in the program unless adequate insurance coverage were provided. He suggested the resolution
be amended to state the program would not be instituted until the Latham Foundation could provide
insurance coverage for the City satisfactory to the City Attorney,
Following a brief discussion, Councilman Beckam moved the resolution, as amended, be taken out of
order, seconded by Councilman Diament, carried by unanimous voice vote.
RESOLUTIONS:
26. The following resolution, es amended, was introduced by Councilman Beckam who moved its
adoption:
"Resolution No. 8702
Authorizing City of Alameda Animal Shelter to Provide Animals for the
Latham Foundation Sponsored Program."
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.
UNFINISHED BUSINESS;
27. Request by Councilman Diament for comments by the City Attorney and City Manager concerning
consolidation of elections. It was noted a resolution had been prepared for consideration.
Councilman Diament and Tillman commented on the low turnout of voters this date in the Peralta
College District election.
Councilman Sherratt moved the resolution he taken out of order, seconded by Councilman Beckam,
carried by unanimous vote.
RESOLUTIONS:
28. The following resolution was introduced by Councilman Becker: who moved its adoption:
"Resolution No. 8703
Requesting Consolidation of Election Dates for All Cities and Districts."
The motion to adopt said resolution was seconded by Councilgan Diament and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
UNFINISHED BUSINESS!
29. Suggestion of Councilman Sherratt regarding endorsement of recommendation set out in
communication from the City of San Mateo concerning 1977 Regional Transportation Plan Revisions,
Councilman Sherratt moved the Mayor be instructed to draft a letter in support of the City of San
Mateo's position, as outlined in their letter to the Metropolitan Transportation Commission dated
March 29, 1977, relating to 1977 Regional Transportation Plan Revisions, and indicate the entire
Council endorsed San Mateo's position in favor of local control. The motion was seconded by
Councilman Beckam and carried unanimously on a voice vote of the Council,
30. Regarding Communication from the County Board of Supervisors related to distribution of
Proposition 2 funds.
President Corica reported that at the last meeting of the Mayors Conference a unanimous stand had
been taken to endorse a 90/10 division of Proposition 2 funds, and to ask the Board of Supervisors
to come in with arother offer. He said the Board of Supervisors had requested the following
distribution: 78% to cities and area park districts; 17% to East Bay REgional Park District and
50 to the County for historical preservation projects.
City Manager Goss stated the City of Piedmont, which had formerly supported the County's stand,
was now apparently willing to go with the 90/10 formula and the City of Livermore, which was not
within the East Bay Regional Park District, had endorsed a 95/5 position. He reported the Board
of Supervisors had, this date, taken action that they wanted to pursue a 85/15 split and more
information shculd be received on this within the next day or two. He said the deadline for
submission of the application for funding for the next fiscal year was May 1, 1977, which was
also the deacline for submitting a list of priority projects. He suggested the Council take a
concerted stand with the other cities at this time and consider the possibility of holding a
special meeting prior to May 1, in order to be able to respond to any changes in the Board's
pcsition and compile a listing of projects.
Councilman Sherratt moved the Council endorse a 90/10 division of the funds at this time, and
leave open the option for additional action at a special meeting to he held prior to the May 1
deadline. The motion was seconded by Councilman Tillman and on voice vote carried unanimously.
NEW BUSINESS:
31. President Corica announced he had met with the Board of Realtors and had discussed the
possibility of their help in finding a way to get the Property Transfer Tax underway. He said they
had suggested a two year time limit on such a tax and that senior citizens he excluded. He reported
the Board of Realtors had requested additional time to discuss the proposal within its membership,
and would inform him of their conclusions,
32, President Corica commented on an article appearing in this date's edition of the Alameda
Times-Star concerning the Design Review Board, He suggested a date be set for Council consideration
of the issues on the subject.
It was the consensus of the Council that the matter be considered at their second meeting in May,
1977.
33. President Corica commented on a reduction in staff of the Planning Department through the
resignation of two employees. He suggested, in order to conserve funds, the City Manager be
instructed not to fill the vacancies at the present time. He noted many elements of the General
Plan had been completed, and the continuance of the DRB was under review and perhaps consideration
should be given to cutting staff level wherever possible.
City Manager Goss reported the two positions were crucial to the Planning Department, that they
were not subject to the modified hiring freeze put into effect several years ago.
Councilman Tillman suggested that as it was close to budget time, he would prefer to receive
recommendations from the City Manager and Planning Director on the subject.
It was the decision of the Council that consideration of the matter would be deferred to the review
cf the hudget,
34. City Attorney Stroud stated he had received a communication from the National League of Cities
concerning contemplated litigation involving the Federal Government's attempt to bring cities and
counties under the provisions of the Unemployment Insurance Act. He reported the League was
asking for contributions to defray legal costs. Mr. Stroud asked that this subject be placed on
the agenda of the next meeting for discussion.
RESOLUTIONS:
35. The following resolution was introduced by Councilman P ament who moved its adoption:
'Resolution Na. 8704
Fixing Amounts of and Approving Bonds of Auditor-Ex Officio Assessor
and Treasurer-Ex Officio Tax Collector."
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.
36. The following resolution was introduced by Councilman Sherratt who moved its adoption:
"Resolution No. 8705
Approving and Providing for the Execution of a Project Agreement for
Land and Water Conservation Fund Project No. 06-00538, Washington Park
Development, Phase III, By and Between the City of Alameda and the
State of California, Resoucces Agency."
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:
37. "Ordinance No, 1864,
New Series
Amending the Alameda Municipal Code by Amending Section 2-313 Thereof
to Reduce Number of Members of Recreation Commission Necessary to Take
Action."
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:
38. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of $78,297.04, 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 Diament moved the bills as itemized in the List of Claims filed with the City Clerk
on April 19, 1977, and presented to the City Council at this meeting, be allowed and paid. The
notion was seconded by Councilman Beckam and carried by unanimous voice vote.
FILING:
39. Agreement between City and County - Re Emergency Ambulance Service.
40. Project Agreement between City and State Resources Agency - re Project No. 06-00538.
41. Bureau of Electricity Financial and Operating Report for eight months ending February 28, 1977.
42. Councilman Sherratt moved the Council retire to executive session for a discussion of litiga-
tion and personnel notters. The motion was seconded by Councilman Beckam and carried unanimously
on voice vote.
After a five-minute recess, the Council reconvened in the Conference Room of the City Hall. At
the conclusion cf discussion, it was determined no action would be taken at this time.
ADJOURNMENT:
43, There being ro further business to come before the meeting, the Council adjourned at 10:40
o'clock p.m. to assemble in adjourned regular session on Tuesday, May 24, 1977, at 7;30 o'clock
p.m.
Respectfully submitted,
=
City Clerk