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1969-09-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING- - - - - - - - SEPTEMBER 2, 1969 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman Longaker and was followed by an inspiring Invocation delivered by The Reverend Doyle Dewberry, Pastor of the Calvary Baptist Church. ROLL CALL: The roll was called and Councilmen Levy, Longaker, McCall and President La Croix, Jr., (4), were noted present. Absent: Councilman Fore, (1). President La Croix announced that Councilman Fore was recovering very well from his recent operation and would be back on the Council possibly at its next meeting. MINUTES: 1. The minutes of the regular meeting held August 19, 1969, were approved as transcribed. WRITTEN COMMUNICATIONS: 2.v From Whitney & Hanson, Attorneys, on behalf of Mr. Alfred D. Lucius, Petition for Rehearing of Appeal from the decision of the City Manager to deny an application for a Permit to Operate Public Motor Vehicles, under the name of Checker Cab Co. It was agreed that the Rehearing on this matter would be set for the October 21 meeting of the City Council. 3. r A petition, signed by fifty -four residents in the area, requesting return of the Crossing Guard at Versailles Avenue, Gibbons Drive and Central Avenue. The matter was referred to the City Manager for review and report. 4./ A petition, signed by fifty -two residents in the area, stating school children crossing Central and Santa Clara Avenues to and from Edison and Lincoln Schools should be provided with an authorized Crossing Guard and a four -way signal. This matter, also, was referred to the City Manager for review and report. 5.( From the Alameda Municipal Credit Union, requesting that the payroll deduction plan be authorized for City employee members of the Credit Union. The request was referred to the City Manager for study of the accounting procedures and priorities involved and recommendation to the Council. 6.a From Oakland - Alameda County Coliseum Complex, signed by Mr. William A. Cunningham, General Manager, informing the City Council of the facilities provided for handicapped persons. This was in connection with the request of the Easter Seal Society for support in its endeavor to have more adequate accommodations provided for handicapped patrons. The communication was to be acknowledged with appreciation. HEARINGS: 7. �' Continued from the meeting held August 5, 1969, the Matter of Abatement of an alleged Nuisance in connection with the building situated at 881 Cedar Street. It was stated the conditions which had existed on the property involved had been rectified to the satis- faction of the City Engineer. Councilman McCall moved the matter be considered closed and the item be dropped from the Council agenda. The motion was seconded by Councilman Levy and unanimously carried. 8. ` In the Matter of Objections to Assessment in Bay Farm Island Reclamation District No. 2105. The City Clerk stated there were on file Affidavits of Publication and Mailing of Notices of this time and place for Hearing in this matter. Written verified objections had been filed by Pacifica Lodge, signed by Mr. Lawrence P. Surano, President, and by Mr. Kenneth Lee, on their respective parcels. City Attorney Cunningham explained the issue before the City Council was the determination of objections, those already received and any others to be filed at this time, by any person interested in land within Reclamation District No. 2105, upon which any charge was proposed to be assessed by the Amended Plan of Reclamation heretofore filed with the City by the "District ". In connection with the issue, Mr. Cunningham stated he understood the "District" wished action of the Council in addition to the Hearing on the objections. Mr. Richard Blanchard, appointed by the City Council to act with Messrs. William M. Bartley and Jack Gallagher as Assessment Commissioners in the apportionment of the assessment of the "District ", addressed the Council. He reviewed the actions of the Commissioners under Section 51247 of the Water Code in applying the assessment to the land involved based partly on the volume of fill and partly upon 4, the area of land involved, the objections received from landowners in the "District ", and the decision to reapportion the entire assessment based upon the amount of fill involved. Mr. Blanchard then filed with the City Clerk the reapportionment list. Mr. Cunningham stated it appeared that the "District" was now requesting that the list of charges here- tofore filed be amended substantially and the assessment be completely reapportioned. If this was true, the list of charges previously filed was for purposes of this Hearing not relevant. Therefore, he said, if representatives of the "District" would affirm Mr. Blanchard's statements the Hearings on objections could be dispensed with as the same objections might or might not apply to the list of charges as changed. Mr. James B. Davis of Davis, Craig & Bartalini, Attorneys for Bay Farm Island Reclamation District No. 2105, affirmed these statements. He said the Assessment Commissioners were requesting that the Council take action by reapportioning the assessment in accordance with the new list of charges as filed, and then set a date for hearing any further objections which might be submitted on the reapportioned list. Mr. Walter Schey, Attorney with the firm of Orr, Heuring & Wendel, representing Pacifica Lodge, indicated he was familiar with the amount of the new charges and that his client would forego any argument at this time and reserve his position to the next Hearing in the matter. Mr. Kenneth Lee indicated he would also be willing to withhold his objections until the next Hearing. The Hearing was then declared closed and the President asked if the Council wished to act on the resolution prepared for the purpose at this time. Mr. Cunningham explained to the property owners in the affected area who were in the audience that they were not being precluded from filing written objections later or speaking on the subject at the next Hearing. The effect of the action was to continue the Hearing in order to give consideration to the new list of charges which had just been filed by the "District ". In reply to a question by Councilman McCall, it was stated the publication and mailing of notices would be repeated to inform interested parties of the new Hearing. It was agreed that the continued Hearing would be held at the meeting of the City Council on Tuesday evening, October 7, 1969. The Clerk was instructed to make the proper insertions on the face of the resolution. There being no objections, the order of business proceeded to "Resolutions ". RESOLUTIONS: 9..' The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7526 Appointing Time and Place for Hearing Objections to the Assessment, in the Sum of $23,500,000 in Bay Farm Island Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). After a five - minute recess, the meeting reverted to the regular order of business. REPORTS AND RECOMMENDATIONS: 10.E From the City Manager, reporting all work satisfactorily completed on the project of Repairing and Resurfacing Grand Street from Encinal Avenue to the Bridge, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Longaker moved the recommendation be followed, the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). 11./ From the City Manager, recommending public improvements in Tract No. 3015, the third and last unit of the Casitas Alameda Townhouse Development, be accepted and the developer be released from his bond. Councilman Levy moved the recommendation be accepted, the public improvements in said subdivision be accepted as completed to the satisfaction of the City Engineer, and the subdivider be released from his bond. The motion was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). RESOLUTIONS: 12. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7527 Authorizing City Attorney to Settle Claim, Execute Covenent, and Commence Legal Proceedings." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). 13.1 The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7528 Authorizing Execution of Contract with Alameda Chamber of Commerce for Advertising for the Fiscal Year Ending June 30, 1970, and Appropriating Therefor the Sum of $17,500.00, or as Much Thereof as May be Required." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 14.E Councilman Levy moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." Councilman McCall seconded the motion and, on the question, asked the City Engineer if Shorepoint Court would definitely be located as indic ated on the drawings submitted to the Council in this connection. Mr. Hanna stated this was true, that Shorepoint Court was a dedicated "paper" street. To a question by Councilman Longaker, Mr. Hanna stated that Island Drive would be a four -lane street. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). At this time, President La Croix asked the City Engineer if something could be done to clean up the area where Shorepoint Court joins with Westline Drive. Mr. Hanna stated he would pass on the request that this be done. 15.' Councilman McCall moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 10 -2318 Thereof, Relating to Fees for Permits and Inspections (Electrical)." The motion to introduce said ordinance was seconded by Councilman Levy. On request for an explanation, City Manager Weller stated it was his recollection that the fees in the City of Alameda had been at or below the level of fees of other communities in the area. The subject had been researched by the staff of the Bureau of Electricity and the recommendation made to the Public Utilities Board, which had then unanimously recommended that this ordinance be adopted. Mr. James Cowan, General Manager of the Bureau, was invited to comment. Mr. Cowan read his memorandum to the Council dated August 28, 1969, supporting the request for revised fees. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). ORDINANCES FOR PASSAGE: 16.f "Ordinance No. 1600, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." ( "C -1" to "R -5" District - Hattie L. Barbour) Councilman Longaker moved the ordinance be passed as submitted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). 17. t' "Ordinance No. 1601, New Series Amending the Alameda Municipal Code by Adding Sections 11 -1377, 11 -1378 and 11 -1379 to Article 3, Chapter 1, Title XI Thereof, Creating an Open Space Zoning District and Prescribing Regulations Therein." Councilman Levy moved the ordinance be passed as submitted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). BILLS: 18. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $39,998.62, was presented to the Council at this meeting. 455 The List was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Levy moved the bills as itemized in the List of Claims filed with the City Clerk on September 2, 1969, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). ORAL COMMUNICATIONS, GENERAL: 19.' President La Croix recognized and welcomed former Councilman Helen L. Freeman, who was in the audience. 20.i Mrs. Anne Brown, 1061 Camellia Drive, asked if the President had received a letter from her and two other residents of the area dated August 27, 1969, with regard to the study being made of future recreational facilities on Bay Farm Island. President La Croix stated he had received the letter and had inquired as to the progress on the study and report. He was informed that the report was on tape and was in the process of being forwarded to the Recreation Commission for perusal, after which it would be sent on to the Council. He expected this would be within the next month. 21.x'" Mr. Frank A. Gottstein, 731 Haight Avenue, again suggested that the left -hand turn at Webster Street and Atlantic Avenue, going toward the Naval Air Station, be prohibited during peak hours as it blocked other traffic proceeding to the Posey Tube. He complained that the General Master Plan did not contain a recommendation on this situation. 22.x' Councilman McCall commented that there was an abandoned automobile which had been completely stripped on the old Bethlehem Shipyard parking lot. In this connection, Mr. Gottstein suggested that the area of the parking lot be cleaned up. 23.' Mrs. Helen Freeman, 831 Laurel Street, submitted questions with regard to the proposed assessment in Bay Farm Island Reclamation District No. 2105, which were answered by Mr. Cunningham. Mrs. Freeman requested that she be furnished copies of the originally filed list of charges and the new list filed this evening by Mr. Blanchard. The Clerk was instructed to make these documents available to Mrs. Freeman. 24. Mr. John Doherty, 1329 Weber Street, raised a question with regard to the filling of the lands in Bay Farm Island Reclamation District No. 2105. He stated he had been told by one of the landowners attending the Hearing this evening that there was no way of stopping the developer from filling the lands. Mr. Cunningham explained that there had been Hearings before the Council on the boundaries of the District, at which there had been opportunity to protest. He also explained the position of the majority landowner. 25 / Mrs. Freeman asked the findings of the Assessment Commissioners on which they had reduced the assessments. Mr. Weller explained that the original proposal had been based on a combination of area and volume of fill. This had been modified just to spread the assessment on the basis of volume of fill. The effect in some cases had been to reduce the amount of the assessment substantially and, he presumed, in other cases to increase the amount. Mr. Cunningham also explained the "zero" assessment on the lands between the old Allardt survey line and the new Wilson line. 26.' President La Croix remarked that he had been present on this date at a luncheon co- sponsored by the Alameda Chamber of Commerce and the Rotary and Kiwanis Clubs to welcome fifty -two new educators in the Alameda Unified School District. He urged that all remember to drive carefully as school would shortly be in session again for the fall term. FILING: 27. Agreement - Between City of Alameda and Chamber of Commerce - for Community Advertising for Year Ending June 30, 1970. 28. Councilman McCall moved, at this time, that the Council adjourn to an executive session in Room 303 for discussion of personnel problems and other matters related to salaries in preparation for adoption of the fiscal year budget. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). After a ten - minute recess, the Council so convened. At the conclusion of the deliberations on the specific subjects, it was decided that no action would be taken thereon at this meeting. ADJOURNMENT: 29. There being no further business to come before the meeting, the Council adjourned,to assemble in regular session on Tuesday evening, September, 16, 1969, at 7:30 o'clock. Respectfully submitted, c"7-4,,e,„/ City Clerk