1977-06-21 Regular CC Minutes358
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - JUNE 21, 1.977
The meeting convened at 7:30 p.m. with President Corica presiding. The Pledge of Allegiance
was led by Councilman Tillman and was followed by an Invocation delivered by The Reverend
Russell E. Palmer, Pastor, First Christian Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman and President Corica, (5),
were noted present. Absent: None.
WRITTEN COMMUNICATIONS:
1. From Mr. John L. Lineweaver, 1602 San Antonio Avenue, requesting waiver from Subdivision
Map Act provisions for properties known as 1708 and 1712 Minturn Street.
Councilman Beckam moved that the request be found in compliance with the conditions listed in
Ordinance No. 1835, N.S., and the request to waive the Parcel Map provisions of the Subdivision
Map Act for properties known as 1708 and 1712 Minturn Street be approved contingent upon the
applicant's meeting the conditions imposed by the Engineering and Planning Departments. The
motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
2. From Mr. Gary E. Fenstermaker, 3264 Thompson Avenue, requesting waiver from provisions
of the Subdivision Map Act for properties known as 1526-28 Ninth Street.
Following a brief discussion, Councilman Sherratt moved the request be found in compliance with
the conditions listed in Ordinance No. 1835, N.S., and the request to waive the Parcel Map
provision of the Subdivision Map Act for properties known as 1526-28 Ninth Street be approved
contingent upon the applicant's meeting the conditions imposed by the Engineering and Planning
Departments. The motion was seconded by Councilman Beckam and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
3. From Mr. Joseph Sullivan, 3221 Liberty Avenue, recommending reappointment of Mrs. Rosalie
McPherson as member of City Planning Board.
President Corica stated the recommendation was noted and thanked Mr. Sullivan.
4. From Mr. Joe J. Totorica, submitting resignation from Social Service Human Relations Board.
Councilman Diament moved the Council accept Mr. Totorica's resignation with regret. The motion
was seconded by Councilman Beckam and carried unanimously on voice vote. The Mayor expressed
the appreciation of the Council for the time and effort Mr. Totorica had directed to the Board.
5. From Mrs. Joseph H. LaPera, 2522 Otis Drive, and from Mr. and Mrs. John F. Heathershaw,
regarding proposed improvements to the intersection at Broadway and Otis Drive.
The Clerk noted additional communications had been received from Margaret Rosenow, 2526 Otis
Drive; Charles N. Peters, 2048 Encinal Avenue; and Mary Agnes Carlson, 2514 Otis Drive.
The City Engineer reported a meeting with the residents of the Otis-Broadway area had been held
in the Council Chamber on March 22, 1977, and eight specific suggestions had been made. He
reported these suggestions were still being reviewed by the Traffic Engineer, and estimated
a complete evaluation could be presented at the next meeting.
HEARINGS:
6. In the Matter of the use of Federal Revenue Sharing Funds in an anticipated amount of
$477,732 for Entitlement Period IX (October 1, 1977 through September 30, 1978).
It was the consensus of the Council that the report of the City Manager, entitled Revenue Sharing
Hearing, June 21, 1977, be considered in conjunction with this hearing.
The City Manager stated the recommendation was to utilize the revenue sharing funds to support
Police operations. He noted the funds had been expended for this purpose of the past several
years, and at this time, the city did not appear to have much choice. He reported that, after
due publication of the required notice, a public hearing had been held on June 16, and no one had
appeared.
On the call for proponents or opponents, there was no response and the hearing was closed.
Councilman Tillman moved the recommendations of the City Manager be approved. The motion was
seconded by Councilman Beckam and carried unanimously on voice vote.
Reverend Russell Palmer, speaking as a representative of Alameda Service Agency Cooperative,
stated he hoped at some future time the funds would be able to be directed to providing human
services in the City of Alameda.
Mr. Daniel E. Cummins, 1134 Ballena Boulevard, spoke in support of the action taken by the Council.
359
7. In the matter of the presentation by the City Manager of the Recommended Budget for fiscal
year 1977-1978.
It was the consensus of the Council that the report of the City Manager submitting the Recommended
Budget for fiscal year 1977-1978 be considered at this time.
City Manager Goss, before beginning his presentation, acknowledged Gail Aveny, an intern in his
office, who had collected the background data and then prepared the graphs and charts.
Mr. Goss stated the proposed Operating Budget totaled approximately 14.6 million dollars,
including Federal/State Funding - Operatbns. He commented the County's increased assessments,
combined with the City's utilizing the County's assessments rolls would favorably impact the
revenue; however, city taxes amount to only 19% of the total bill, with the remainder going
to the county, schools and other special districts. He pointed out also that the property taxes
comprise just 39% of the city's total revenue; and although one revenue source may have increased,
others have decreased. He noted also that the revenue increase was counterbalanced by increases
in uncontrollable costs such as insurance, energy and the actuarily unsound 1079 pension ordinance,
He explained the budget preparation process of reviewing current services at projected costs for
the coming year and also reviewing any supplemental requests made by the departments. He stated
the basic budget was reduced by $200,000 and the supplemental requests, which were valid and
in some cases urgent, cut by $1.3 million. He stated no recommendations were made to the Council
that were not counterbalanced by either increased revenue, a cut in some other portion of the
operating budget, or outside funds. He reviewed the steps taken to cut costs and increase
productivity, and commented staff now totaled 22.5 less than the number budgeted. He stated that,
except for the uncontrollable costs of pension, insurance and energy, and a one-time cost for
furnishing the Police building, the operating budget was increased by less than 1/3 of one
percent or roughly $36,000 over last year. He noted the gas, cigarette and liquor taxes were
decreasing; the State legislature, while considering needed property tax reform, was considering
at the same time compulsory binding arbitration both of which may severely impact the financial
position of the city. He informed Council the Public Utilities Board had taken action on June 20,
to continue the divident of $900,000 for the coming year, contingent upon a settlement agreement
between the northern California Power Association and Pacific Gas and Electric being approved
by the FPC.
Mr. Goss pointed out the revenue-expenditure ratio was becoming tighter and the efforts to
provide additional services by CETA, HCDA and the capital improvements buget had resulted in
more propgrams and projects being administered by fewer regular employees than when these
Projects had been implemented. He further stated, in his opinion, staff's capacity to
administer these programs had just about reached its limit. He commented there was a need to
review administrative procedures such as the accounting system, the chart of accounts, utilizing
computers, microfilming, records management and insurance administration if the operation was
to continue successfully.
Utilizing a number of charts projected on the wall, Mr. Goss illustrated sources of revenue,
tax rate and assedsed valuation compared with other bay area communities, total tax bill compared
with other cities. He continued by projecting the chart showing proposed 1977-78 expenditures
(excluding federal and state funds-operations) and reviewed each department's budget in detail.
Mr. Goss concluded this budget was being proposed as a Tentative Budget so the city could operate
after July 1. When the assessment roll is completed, the amount of surplus and the results of
the "meet and confer" process were known, a final budget will be prepared and the Council would
then consider the tax rate to be set. He noted the Charter change approved last year would allow
the final budget and tax rate to be set prior to September and expressed his intention to present
the final budget as early in the summer as possible.
Councilman Sherratt commented on the community promotion budget and suggested an amount be added
to prcmote the professional bowler's tournament.
After discussion, Councilman Sherratt moved the Chamber of Commerce contract be increased by
$1,000 for the professional bowler's tour. The motion was seconded by Councilman Beckam and
carried unanimously on voice vote.
Councilman Sherratt moved the sum of $1,000 for the Progress Edition in the Alameda Times-Star
be incorporated in the Chamber contract. The motion was seconded by Councilman Diament and carried
unanimously on voice vote.
On a request for clarification, President Corica stated it was his intention the $1,000 for
the bowler's tour and the $1,000 for the Progress Edition be included in the Chamber's basic
contract tfling $24,000. Councilman Sherratt stated that was not the intent of his motions.
Councflman Sherratt moved the staff investigate roucouping costs of disposing of dead animals
from the veterinarians and others who use the service. The motion was seconded by Councilman
Diarnent and carried unanimously by voice vote.
Councilman Sherratt moved the staff be directed to review the status of the City's obligation to
pay Alameda County for retirement payments for former City Health Department employees. The motion
was seconded by Councilman Beckam and carried unanimously on voice vote.
Councilman Sherratt moved the staff be directed to review the status of the City's obligation
to pay Alameda County for retirement payments for former City Health Department employees. The
motion was seconded by Councilman Beckam and carried unanimously on voice vote.
360
Councilman Sherratt noted the street light and traffic light improvements scheduled for
Mariner Square Loop and Mariner Square Drive.
City Manager Goss requested a policy direction in regard to the proposed acquisition of a van
or paddy wagon for the Police Department during 1978-79 fiscal year. Councilman Sherratt
moved the recommendation of the City Manager be approved. The motion was seconded by
Councilman Beckam and carried unanimously on voice vote.
President Corica addressed the question of the Planning Department staff. After considerable
discussion, it was the consensus of the Council to leave the budgeted amount as it was listed
and the City Manager be directed to explore the possibility of filling the two vacant,
permanent posIstions on a contractural basis.
On question from Councilman Tillman, the City Manager stated the printed budget would be available
following adoption of the final budget.
Councilman Beckam commended Mr. Goss and the entire City staff for the work done in preparing
the budget.
On the call for proponents or opponents, the following persons spoke.
Mr. McNeil, Grand Street, requested clarification of the "uncontrollaLle" pension expenses.
Mr. Goss explained the situation the city is faced with regarding the liability insurance and
the actuarily unsound 1079 pension system which the city is still obligated to pay.
Andrew Pagano, President of the Alameda Chamber of Commerce, asked that their budget not be cut
this year. He also reviewed their plan to generate more sales and thereby increase the city's
sales tax revenue. He stated the Chamber was requesting an additional $12,600 for sales promotion
by the several business districts and explained this amount would be matched by the businesses
on a 4:1 ratio. He answered the questions of the Councilmen.
Following discussion, it was the consensus of the Council to review the Chamber's proposal when
more concrete details are available and consider funding at that time.
The Hearing was declared closed.
Councilman Sherratt moved the recommendations of the City Manager be approved and the
resolution be taken out of order. The motion was seconded by Councilman Diament and carried
unanimously on voice vote.
RESOLUTIONS:
8. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8734
Approving and Adopting the Tentative Budget of the City of Alameda
for the Fiscal Year 1977-1978."
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.
A ten-minute recess was called. Upon reconvening, the meeting returned to the regular order of
business.
HEARINGS:
9. In the Matter of the presentation by the City Manager of Capital Improvement Program for
fiscal year 1977-1979.
It was the consensus of the Council that the report of the City Manager, submitting the Capital
Improvement Program for fiscal years 1977-79 be considered at this time.
Mr. Goss reviewed the beginnings of the Capital Improvements Program in 1974-75 with a $2.7 million
program. He reported the program had grown to the recommended $9.8 million for 1977-79,
and was comprised of projects currently in construction phases, those in the design phase, and
those for which funding had been applied and had a -Or chance of being successful. He noted the
basic policy of funding on a "pay as you go" basis had been continued, and also pointed out that
property or sales taxes or general fund revenues were not being utized to support capital
improvements. By the use of projected slides, he reviewed those projects either completed or
begun during the past year and presented the capital improvement projects for the next two years.
He noted the project numbering system had been changed to reflect the year the project was begun
and emphasized the numbers were for identification purposes only and did not indicate a priority.
He noted the list of unfunded projects remained the me as in previous years.
The City Manager answered the questions of the Courcilmembers regarding Washington Park, Phase
III; the park seating tprovements; branch library on Bay Farm Island; and the beach erosion
demonstration project being done by the Corps of Engineers.
Councilman Tillman commented on the sewer service charge. At the conclusion of discussion,
it was the consensus of the Council that staff be directed to review and report to Council on a
$1.00 per month charge.
361
On the call for proponents or opponents, there was Mr. Joseph Sullivan, 3221 Liberty Avenue, who
spoke regarding the sewer service charge and suggested a real estate property transfer tax be
implemented to fund those projects listed in the unfunded category.
Councilman Diament expressed support of a property transfer tax instead of a sewer service charge.
The hearing was declared closed.
Councilman Sherratt roved the recommendations of the City Manager be adopted and the resolution
considered out of order. The motion was seconded by Councilman Diament and carried unanimously
on voice vote.
RESOLUTIONS:
10. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8735
Approving and Adopting the P77-1979 Capital Improvement 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.
President requested the Council hear Mr. McCall's report listed under "Unfinished Business".
UNFINISHED BUSINESS:
11. Presentation by Mr. William McCall on July 4th Parate progress report.
Mr. McCall reported on the plans for the July 4th parade and fireworks display and requested an
appropriation not to exceed $1500 from the Contingency Fund to help supplement community contri-
butions. He also requested a resolution designating the parade route be adopted.
Following discussion, Councilman Sherratt roved an appropriation of not to exceed $1500, from the
Contingency Fund, be approved. The motion was seconded by Councilman Tillman and carried unanimously
on voice vote.
Councilman Beckam moved the resolution designating the parade route be considered out of order. The
motion was seconded by Councilman Sherratt and carried unanimously on voice vote.
RESOLUTIONS:
12. The following resolution was introduced by Councilman Beckam, whc moved its adoption:
"Resolution No. 8736
Authorizing Fourth of July Parade and Route Therefor in the City
of Alameda."
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 RECOMMENUTIONS:
13. From the Auditor-Assessor, submitting request for refund of taxes erroneously levied and
collected.
Councilman Beckam moved the report be accepted and the resolution be considered out of order. The
motion was seconded by Councilman Sherratt and carried unanimously on voice vote.
RESOLUTIONS:
14. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8737
Ordering Cancellation and Refund of Real 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 business.
REPORTS AND RECOMMENDATIONS:
15. From City Planning Board, signed by the President, transmitting 1976 Annual Report on planning
activities.
Councilman Diament moved the report be accepted, The motion was seconded by Councilman Diament
and carried unanimously on voice vote.
362
16. From the City Planning Board, signed by the Secretary, submitting recommendation on Rezoning
Application R 77-6 to rezone property easterly of Standard Oil Station at southeast corner of
Otis and Westline Drives from R-1-PD, Single Family, Planned Development District to R-1, Single
Family District. Applicant: California Nevada Methodist Homes, John Barni, Jr., Agent.
The matter was set for hearing at the meeting to be held July 5.
17. From the City Manager, recommending contract be awarded to Alameda Times-Star for publication
of legal advertising during fiscal year 1977-78 at price of $5.20 per column inch for first
insertion and $5.00 for subsequent insertions.
Councilman Beckam moved the contract be awarded to the Alameda Times-Star. The motion was
seconded by Councilman Sherratt and carried unanimously on voice vote.
18. From City Manager, recommending contract be awarded to Gallagher and Burk, Inc., low bidder,
for the project of the repair and resurfacing of Eighth Street from Portola Avenue to Otis
Drive, Grand Street from Central Avenue to Buena Vista Avenue, and Willow Street from Otis Drive
to Cli rton Avenue.
Councilman Beckam moved the contract be awarded to Gallagher and Burk, Inc. The motion was seconded
by Councilman Sherratt and carried unanimously on voice vote.
19. From Assistant City Manager, concerning excess insurance for self-insured workers compensation
program.
Mr. Creagh requested this item be held over.
UNFINISHED BUSINESS:
20. Consideration of appointment to Housing Authority.
President Corica placed in nomination the name of William Godfrey. The nomination was seconded
by Councilman Tillman and carried unanimously on voice vote. 7-n City Attorney was directed to
prepare the effecting resolution for the meeting to be held July 5.
RESOLUTIONS:
21. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8738
Providing for the Amount of Per Diem for Officers and Employees
of the City of Alameda for Traveling Expenses."
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.
22. The following resolution was introduced by Councilman Diament who moved its adoption:
"Resolution No. 8739
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 vote. Ayes: Five. Noes: None. Absent: None.
23. The following resolution was introduced by Councilman Beckam who moved its adoption:
"Resolution No. 8740
Authorizing Execution of Contract for Services of a Certified Public
Accountant for the FisB1 Year 1977-1978."
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.
24. The following resolution was introduced by Councilman Diament, who moved its adoption:
"Resolution No. 8741
Consent of Assignment to Jules Duc Construction Company of Agreement
Between City of Alameda and Pan-Pacific Development."
The motion to adopt said resolution was seconded by Councilman Beckam, and carried on the
following roll call vote. Ayes: Five. Noes: None. Absent: None.
25. The following resolution was introduced by Councilman Diament, who moved its adoption:
363
26. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8743
Commending Friends of the Alameda Free Library for Their Contributions
to the Community."
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.
27. The following resolution was introduced by Councilman Diament, who moved its adoptbn:
"Resolution No. 8744
Authorizing Cooperation Agreement Between Housing Authority and City
of Alameda (HUD Form 52481) and Approving Application for Preliminary
Loan for 50 Units of Low-Rent Public Housing."
The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the
following roll call vote. Ayes: Five. Noes: None. Absent: None.
The President declared the foregoing resolutions adopted.
ORDINANCES FOR PASSAGE:
28. 'Ordinance No. 1873,
New Series
Amending the Alameda Municipal Code by Amending Section 11-231(d)
(2) Thereof and Adding Section 11-231.1 to Article 3 of Chapter 2
Title XI Thereof, Relating to Regulations of Design Review Board."
Councilman Diament 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.
29. "Ordinance No. 1874,
New Series
Amending the Alameda Municipal Code by Amending Section 13-214
Thereof Relating to Payment of Fees Upon Application for Certain
Permits."
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.
30. "Ordinance No. 1875,
New Series
Amending the Alameda Municipal Code by Amending Section 16-6112
Thereof, Relating to Payment of Filing Fee Upon Application for
Private Watchman's Permit."
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:
31. An itemized List of Claims against the City of Aalmeda and the Departments thereof, in the
total amount of $77,947.36, was presented to the City 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 June 21, 1977, and presented to the City Council at this meeting be allowed and paid. The
motion was seconded by Councilman Beckam and on roll call carried by unanimous vote.
ORAL COMMUNICATIONS:
32. Mr. Robert Hudkins, 3319 Central Avenue, reported the Friends of the Library had set aside
in a special account the amount of $5,000 for the purpose of furnishing the Bay Farm Island
library.
FILING:
33. Consent and Assignment to Jules Duc Construction Company of Agreement between City and
Pan Pacific Development Company re Parcel Map No. 2073.
364
34. Agreement and Program Supplement with State re Safer Roads Demonstration Program.
35. Tentative Budget of City of Alameda for Fiscal Year 1977-1978.
36. Capital Improvement Budget Program of City of Alameda for 1977-1979.
37. Financial and Operating Report - Bureau of Electricity - for 10 months ended April 30, 1977.
ADJOURNMENT:
38. There being no further business to come before the meeting, the Council adjourned at
11:30 p.m. to assemble in regular session cn Tuesday, July 5, 1977, at 7:30 p.m.
Respectfully submitted,
/
Deputy City Clerk