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1977-10-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY OCTOBER 18, 1977 The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Tillman. President Corica welcomed the Encinal High School students in the audience. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman and President Corica, (5), were noted present. MINUTES: 1. Councilman Sherratt requested the minutes of October 4 meeting be amended at Item 23, paragraph 6 to reflect his comment that $6,000 of the amount required for printing the draft Combined Land Use Plan were federal funds. He then moved the minutes be approved as amended. The motion was seconded by Councilman Diament and carried unanimously on voice vote. WRITTEN COMMUNICATIONS: 2. From Bench Ad Company, Maywood, California, offering to install bus stop benches. Don Lee of Bench Ad Company, elaborated on his company's offer, distributed brochures and pictures illustrating the type of bench and advertising his company was offering. Following Mr. Lee's comments, Councilman Sherratt moved the request be referred to staff for report and recommendation. HEARINGS: 3. In the Matter of the Proposed Settlement Agreement between City of Alameda and Harbor Bay Isle Associates. From Save Our Shoreline, requesting permission to address this subject. President Corica outlined the procedure that would be followed in this hearing and requested the City Attorney to make his comments. City Attorney Stroud noted that since the original fill agreements had been signed in 1964, there had been several changes both in the law and in Alameda, and several legal controversies had consequently arisen between the developer and the city. He stated the proposed agreement would resolve those controversies, the City would get 40 acres at no cost, including the six acres involved in the Rosewood Way property exchange, the City would do the improvements required on that 40 acres, and the City would determine the location and use of that 40 acres. He stated there were no implications this agreement would interfere with the police power of the City. He further stated the proposed increase in the dwelling unit tax would be a separate, enforceable item not influenced by the agreement. President Corica noted the 40 acres would include provision for the School District and that the City must act as the agent for the District under this agreement. The hearing was declared open. On the call for proponents, the following persons responded. Alan Littman, Attorney for Harbor Bay Isle Associates, stated he had recommended to the Board of HBI the agreement be approved as written, even though the developer would prefer to meter in the allocation of public lands as the Villages were approved. He also responded to the letter written by SOS (Save Our Shoreline) dated October 15, 1977. He stated the 40 acres was a compromise, HBI had acceeded to the City's request to allocate the 40 acres, BCDC had never claimed it had the power to require a 100 foot dedication inland from the shoreline and that the power to require dedication of land applied to the benefit of the people in the subdivision. Mr. Littman stated it was his client's position there would be no more than 3200 units built, and answered other questions of the Councilmembers. Rosalie McPherson, representing the Planning Board, stated she was speaking as neither a proponent or opponent. She read a prepared statement regarding the Board's consider- ations on Tract 3810; and stated tentative conditions for that Tract included provision of continuous open space band of not less than 100 feet; provision of at least two nodal parks; pedestrian and bike paths along the shoreline; a six acre interior park utilizing three acres of park land and three acres of school site to be planned, developed and used jointly; developer responsible for improvements in the shoreline band; and stated it was the Board's hope negotiations with East Bay Regional Park District could begin for dedication and maintenance of the shoreline area. She outlined the following acreage requirements: 14.6 acres for shoreline in Tract 3810; 1.9 acres of shoreline in Tract 3773; 3 acres for interior park; 6 acres for public park next to the shopping center; school sites comprised 16 acres minimum and 20 acres maximum. She noted the total acreage requirements came to 41.5 acres minimum and 45.5 acres maximum; and requested the agreement outline the allocations for public land uses. Clarence Kline, representing Alameda Unified School District, stated he was speaking as neither proponent or opponent, and he agreed with the requirements outlined by Mrs. McPherson and commented the District had some disagreement with some of the language in the proposed agreement. He outlined the needs of the school districts, based on the proposed 3200 units, as two elementary schools of eight acres each and an additional site for a possible middle school. He also outlined changes in wording requested by the County Counsel, and noted these had been discussed with the City Attorney and outlined in the Attorney's memo dated October 14, 1977. On the call for opponents, the following persons spoke. Leora Feeney, speaking for SOS, commented on the apparent conflict between the shoreline band and the school district's needs, expressed their disappointment with the agreement and outlined the changes recommended by SOS in their letter dated October 15, 1977. She refuted the comments of Mr. Littman and suggested a new study of this plan be conducted. She commented the A.D. Little EIR proposed the 100 foot shoreline band and suggested a new EIR was needed if this shoreline band were reduced. On question directed to Mr. Goss about the involvement of East Bay Regional Park District, Mr. Goss replied the District had been informed of the agreement, but was not willing at this time to take any official stance on the question. Councilman Sherratt questioned the advisability of a shoreline park and noted its impacts on access, traffic and proper planning must be considered at the time the shore- line is developed. Following discussion of the shoreline, parks and school district needs, Councilman Sherratt commented it was hoped a joint use agreement with the school district could be worked out. Ms. Feeney suggested the settlement agreement be rejected, Harbor Bay Isle be directed to dedicate the 100 foot shoreline band around the complete development or be required to rewrite the EIR, and answered questions of the Council. Discussion of the A.D. Little EIR ensued. On question, the City Attorney stated an EIR did not commit anyone in the sense ofa contract, but did commit to a description of a project. He noted the original EIR had been written for 4900 units, and the EIR had been reconsidered by this Council in relation to the 3200 units. He again stated the proposed agreement did not preempt the rights and responsibilities of the city under its own subdivision ordinance or CEQA requirements. Mr. Littman responded to Ms. Feeney's comments. Robert DeCelle, 276 Beach Road, commented on the 40 acres being acquired, questioned the inclusion of the 6 acres of park for the Rosewood Way property in the 40 allocated for public use and commented the city was giving up a great deal of public land over the terms of the original fill agreements. He strongly suggested the agreement, in its present form, be rejected. Inez Kapellas, 1128 College Avenue discussed the acreages involved, opposed the reversionary clause, alleged this agreement was a manner of getting even for the passage of Measure A limiting the number of units in the development, charged no provision for public lands in Village V had been made, and questioned why the city was making a decision affecting the school district, without their being involved in the agreement. The Council responded to the questions, and City Attorney Stroud noted the proposed agreement was premised on a maximum of 3200 units. Helen Freeman, 831 Laurel Street, questioned the necessity of the reversionary clause and the provisions for maintenance of the perimeter. City Attorney Stroud noted the maintenance requirements had been retained from the previous fill agreements as an Attachment A to this agreement. Elizabeth Rogers, 3211 Madison, questioned why the Planning Board had not been a party to this agreement, suggested this agreement be limited to Villages I through IV, and the maintenance responsibilities be spelled out within the agreement. The City Attorney responded to her questions. Ina Ratto, 1053 Island Drive, commented on Mr. Littman's statements; the Council and City Attorney responded to her questions. Joseph Sullivan, 3221 Liberty Avenue, stated he believed the speakers in opposition had brought up some good points and suggested no action be taken in order to allow time to consider their suggestions. The hearing was declared closed. A ten minute recess was called. When the meeting reconvened, discussion of the proposed settlement agreement continued. Following lengthy discussion among the Councilmembers and the City Attorney, Councilman Sherratt moved the agreement be adopted as amended to incorporate the following changes: Page 2, paragraph (F) to include the word "approximately" prior to "eleven thousand "; *dated May 4, 1970" just after "Memorandum of Understanding "; and Page 4, (2) add the words or other public agency" after Said forty (40) acres shall be dedicated at no cost to the City, ". The motion was seconded by Councilman Beckam. City Attorney Stroud suggested the ordinance authorizing the agreement be introduced, but not passed until the settlement agreement had been executed by Harbor Bay Isle Associates. The motion was adopted on the following roll call vote. Ayes: Four. Noes: Councilman Diament, (1). Absent: None. Councilman Sherratt moved Introduction of Ordinances Nos. 1 and 2 be considered out of order. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. INTRODUCTION OF ORDINANCES: 4. With the condition that the agreement be signed by Harbor Bay Isle Associates prior to final passage of the ordinance, Councilman Beckam introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Authorizing Approval and Execution of Settlement Agreement Between City and Harbor Bay Isle Associates Relating to Public Lands Obligations of Harbor Bay Isle Associates for its 915 Acre Project on Bay Farm Island." The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Four. Noes: Councilman Diament, (1). Absent: None. 5. Councilman Sherratt introduced the following ordinance, amended to read $750 per dwelling unit, 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 3 -1313 of Article 1 of Chapter 13, Title III Thereof, Relating to a Tax Upon Construction of Residential Units." The motion was seconded by Councilman Beckam, and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Following discussion, Councilman Beckam moved an additional dwelling unit tax of S150 be initiated, with the funds designated for development of transit faci ,_t_ eS . The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. The City Attorney was requested to prepare an Ordinance for Introduction at the next meeting. HEARINGS: 6. In the Matter of a Proposed Ordinance Prohibiting Discrimination Against Families with Minor Children in Housing. President Corica noted a request had been made for an ordinance to prohibit landlords from discriminating against families with minor children, and stated the purpose of this hearing was to seek information. He noted one petition favoring and several letters opposing the proposed ordinance had been received. In response to concerns expressed by Councilmembers, Mr. Stroud noted an ordinance for introduction was not listed on the agenda; the draft was based upon one written for San Francisco, and was presented as a starting point for discussion if the Council determined there was a need. He noted there were a number of exemptions provided in the draft ordinance. On the call for proponents, the following persons spoke. Vicki Long, 306 Santa Clara Avenue, expressed her support of the ordinance and outlined her difficulties in finding a rental for her family. Mr. Harold Slack, 325 Kittyhawk, reiterated his original request made at the September 6 Council meeting and stated he would be able to get any number of petitions in favor of the ordinance. John Doherty, representing Alamedans with H.O.P.E., stated there was a need in Alameda for this type of ordinance and offered the statistics gathered by their organization. Tom Duncan, 551 Buena Vista, described the problems he and his family had experienced. Mrs. Long, 306 Santa Clara, described the problems she had in finding a place to live. On the call for opponents, the following persons spoke. Joan Barbara, 1028 Regent Street, stated she was not opposed to renting to families, but cited some of the problems experienced. John Mitcheom, Realtor, also cited some problems. Barbara Worden, 1315 Regent Street, submitted a letter with suggestions of ways to determine if there was a need for this type of ordinance. Jim McClure, President of Alameda Board of Realtors, opposed any erosion of the property owner's rights. David McIntire, representing Alameda County Home Owners Association: Linda Pritchard. Social Service Human Relations Board; Ruth Pond, 2137 Otis Drive; Lou Baca, 886 Cedar Street; S.A. Mueller, 2137 Otis Drive; Richard Fox, 3220 Briggs; and John McClease, 408 Sunset Road, expressed concerns for the necessity of legislation, whether there was a need in Alameda and the rights of landlords and those persons prefering a different lifestyle. The hearing was declared closed. Following discussion, it was the consensus of the Council an update of available information from the Housing Element be obtained and more information be researched to determine need or perhaps develop alternate solutions to housing crises. Councilman Diament requested Unfinished Business No. 2 be considered at this time. UNFINISHED BUSINESS: 7. Item brought up under "New Business" at regular meeting held October 4, 1977: (a) Councilman Diament - regarding request by Mayor's Committee for the Handicapped to sponsor "Ability Counts" contest. It was noted Councilman Sherratt left the Council Chamber and returned a few minutes later. Earnest Ellis, Chairperson of the Committee, stated the contest was a statewide one and had received support from the School District. He stated the contest would involve all high schools, both public and private and requested the Council endorse the program. Councilman Sherratt moved the Council endorse the program. The motion was seconded by Councilman Diament and carried unanimously on voice vote. Mr. Ellis thanked Assistant City Manager Creagh for his assistance in distribution of the Committee's brochures. REPORTS AND RECOMMENDATIONS: 8. From Auditor - Assessor requesting refund of property taxes erroneously levied and collected. Councilman Diament moved the report be approved and the resolution be considered out of order. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. RESOLUTIONS: "9. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8808 Ordering Cancellation and Refund of 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. REPORTS AND RECOMMENDATIONS: 10. From Historical Advisory Commission regarding wording for plaque to be presented to First Presbyterian Church. Councilman Diament moved the recommended wording be approved. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. 11. From Assistant City Manager regarding application for eligibility - federal surplus property. Councilman Diament moved the report be adopted and the resolution be considered out of order. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. RESOLUTIONS: 12. Councilman Sherratt introduced the following resolution, and moved its adoption: "Resolution No. 8809 Naming City Representatives Authorized to Acquire Federal Surplus Property from the California State Agency for Surplus Property." The motion was seconded by Councilman Diament and carried unanimously on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 13. From City Manager transmitting travel budget detail and recommending approval of travel per Council policy. Councilman Diament moved the report be accepted. The motion was seconded by Councilman Sherratt. Following discussion, and with the consent of both the maker and the second, the motion was amended to exclude those training programs and conferences not funded by local funds. It was the consensus of the Council the trips policy be revised to exclude the written reports prepared subsequent to the conference.* 14. From the City Manager regarding Harbor Bay Isle bus stop shelters and entry arbors. Councilman Diament moved the report be adopted and the resolution be considered out of order. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. * Corrected November 1, 1977 to include exclusion of all conferences or meetings not requiring overnight lodging. RESOLUTIONS: 15. The following Resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8810 Authorizing Execution of License Agreement with Harbor Bay Isle Associates Regarding Bus Stop Shelters and Entry Arbors." 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. REPORTS AND RECOMMENDATIONS: 16. From City Manager regarding wave maze for west entrance to tideway at Ballena Bay. It was noted the Planning Board had reviewed and approved the request on October 17, 1977. Councilman Diament moved the recommendation outlined in the report be approved. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. 17. From City Manager submitting recommendation on dredge and fill permit requested by Todd Shipyards. Councilman Beckam moved the fill permit be approved. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. UNFINISHED BUSINESS: 18. Consideration of appointments to following Boards and Commissions: (a) Golf Commission (1). President Corica placed in nomination the name of Harold Tebaldi. The nomination was seconded by Councilman Tillman and carried unanimously. (b) Recreation Commission (1). President Corica placed in nomination the name of Don Bell. The nomination was seconded by Councilman Diament and failed to carry on the following roll call vote. Ayes: Two. Noes: Councilmen Sherratt and Tillman (2). Absent: None. Abstain: Councilman Beckam, (1). President Corica placed in nomination the name of Clarence Day. The nomination was seconded by Councilman Diament and failed to carry on the following roll call vote. Ayes: Two. Noes: Councilmen Sherratt and Tillman (2). Absent: None. Abstain: Councilman Beckam, (1). President Corica placed in nomination the name of Paul R. Kapler. The nomination was seconded by Councilman Tillman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The City Attorney was directed to prepare appointing resolutions for consideration at the next meeting. NEW BUSINESS: 19. Councilman Diament commended Assistant City Manager Creagh for his hard work in completing the sale of the Post Office building. RESOLUTIONS: 20. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8811 Requesting Cancellation of County Taxes on Real Property Acquired by the City of Alameda for Municipal Purposes (2216 Lincoln Avenue)." The motion to adopt said resolution was seconded by Councilman Sherratt and carried unanimously on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 21. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8812 Cancelling City Taxes on Property Acquired by the City of Alameda for Municipal Purposes (City Hall Parking Lot - 2216 Lincoln Avenue)." The motion to adopt said resolution was seconded by Councilman Sherratt and carried unanimously on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8813 Adopting Specifications, Special Provisions and Plans for Paving and Resurfacing Work at Lincoln Park and Godfrey Park, Calling for Bids and Directing City Clerk to Advertise Same." 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 Diament, who moved its adoption: "Resolution No. 8814 Declaring Intention to Vacate Electrical Power Easement, Fixing Date for Hearing Thereon, and Ordering Publication and Posting of Notice Thereof (Within Tract 1866 - Portion of South Shore Center)." 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 Sherratt, who moved its adoption: "Resolution No. 8815 Expressing Appreciation to John J. Guidici for his Contribution to the Alameda Police Department." The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 25. Councilman Sherratt moved the following ordinance be introduced and passed as an urgency measure. "Ordinance No. 1888, New Series Amending the Alameda Municipal Code by Adding Section 17 -137 to Article 3 of Chapter 1, Title XVII Thereof, Authorizing Civilian Police Employees to Issue Citations and Enforce Provisions of the Alameda Municipal Code and the California Vehicle Code Relating to Standing, or Parking of Vehicles and Operation of Bicycles in the City of Alameda." The motion was seconded by Councilman Beckam. Following discussion, and with the consent of the second, the ordinance was amended to delete the word "stopping ". The motion was adopted on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 26. "Ordinance No. 1889, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S. (R 77 -7)." 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. 27. "Ordinance No. 1858, New Series Amending the Alameda Municipal Code by Amending Sections 11 -14B8, 11- 14B4(b)(3) and (4) and 11- 1489(a) Thereof and by Adding Section 12 -2513 Thereto, Relating to Abatement and Removal of Nonconforming Signs." Councilman Sherratt moved the ordinance be passed as submitted. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. BILLS: 28. An itemized List of Claims against the City of Alameda and the Departments thereof in the amount of $62,231.18, was presented to the Council at this meeting and 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 October 18, 1977, and presented to the City Clerk at this meeting be allowed and paid. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. ORAL COMMUNICATIONS, GENERAL: 29. John Mitcheom commended the City Councilmembers on their patience and indulgence with the public at this meeting. FILING: 30. Settlement Agreement - between City and Harbor Bay Isle - re Public Lands Obligations. 31. Plans and Specifications - Paving and Resurfacing Work at Lincoln Park and Godfrey Park. PW 10- 77 -11. 32. License Agreement - between City and Harbor Bay Isle - re Bus Stop Shelters and Entry Arbors. 33. With respect to the Settlement Agreement, City Attorney Stroud requested clarification for the Planning Board on allocating the public lands. It was the consensus of the Council their intent was to specify two 8 -acre sites with a 4 -acre parcel adjacent to a school site for school purposes, if needed. Following discussion, it was the consensus of the Council the PD conditions for Tract 3810 utilize the words "property line" rather than "mean high or high tide line" in order to be consistent with the Agreement. ADJOURNMENT: 34. There being no further business, at the suggestion of Councilman Tillman, the meeting was adjourned in respect to the memory of BING CROSBY, who had given support to the youth golf program in Alameda, and in honor of the birth of Councilman Diament's granddaughter, KATIE DIAMENT, who had been born during this evening's meeting, to assemble in regular session on Tuesday, November 1, 1977, at 7:30 o'clock p.m. Respectfully submitted, Deputy City Clerk