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1975-11-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 18, 1975 The meeting convened at 7:30 o'clock p.m. with President Corica oresiding. The Pledge of Allegiance was led by Councilman Sherratt and was followed by an Invocation delivered by the Reverend Russell E. Palmer, Pastor of the First Christian Church. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5), were noted present. Absent: None, 1. President Corica, at this time, recognized Mr. Gus H. Pratt who was seated in the audience. He commended Mr. Pratt for his unselfish contribution of time and effort in providing toys for children within the community, and read in full a proposed resolution of the Council. There being no objection, the meeting proceeded to Resolutions. RESOLUTIONS: 2. The following resolution was introduced by Councilman Hurwitz, who moved its adoption as read: "Resolution No. 8437 Resolution of the Council of the City of Alameda in Recognition and Commendation of Gus H. Pratt," The motion to adopt said resolution was seconded by Councilman Sherratt and carried ou the following roll call vote. Ayes: Five. Noes: None. Absent: None. A certified copy of the resolution, signed by all members of the Council, was presented to Mr. Pratt, who expressed appreciation for this recognition, The meeting reverted to the regular order of business, MINUTES; 3. Councilman Beckam requested the minutes of the regular meeting held November 4, 1975, he corrected at Item 14, paragraph 6, to indicate in the discussion of a proposed amendment to the Charter concerning the filling of a vacancy left by a successful Mayorial candidate who was an incumbent Councilman, that he had previously requested the City Attorney to investigate such a provision at the meeting cf April 15, 1975. Also, at Item 18 wherein he had requested a report from the City Manager regarding the General Revenue Sharing program, he stated he had asked that this report be forthcoming in time for consideration starting in January so the problems of funding next year could be considered prior to budget time. The minutes of the meeting were then approved as corrected. WRITTEN COMMUNICATIONS: 4. , From the California Anti-Litter League, signed by Mr, Harry LaDou, Executive Vice President, requesting a time be set to address the City Council on the subject of Anti Litter and Beautification. It was directed this time be set for the, next regular meeting of December 2, 1975. 5. ' From the Alameda Service Council, Senior Citizens Commission, College of Alameda, concerning garbage pickup for senior citizens. President Corica reported negotiations were underway with the Alameda City Disposal and this was one of the items under discussion. Councilman Hurwitz suggested a weekly pickup at half rate for senior citizens. 6. From Mr. David White, 3216 San Leandro Street, Oakland, suggesting a solution to the Alameda Nigh School space needs. Following a brief explanation by Mr, White, it was directed the communication he forwarded to the Alameda Unified School District for their information. 7. From the Citizens Health Council, signed by Ms. Anne K. Taylor, Vice President, and Ms. Charing Salingdong, Member, regarding space needs for public health services at the Health Building, 2226 Santa Clara Avenue. President Corica reported the City leased a portion cf tte building to Alameda County for certain health care services, and the Planning Department was temporarily occupying space within the building until such time as the Police Department moved to their new headquarters. He noted the County Administrator's Office had stated the County would undertake a major renovation of the facility, and it was planned the building would he completely vacated by the Health Care Services during the construction Phase of the project, Ms. Taylor, 1049 Otis Drive, stated their concern was that the two rooms now being used by the Mental Health Clinic would he used by the Planning Department until December 31, 1977. She said the Citizens Advisory Council had hoped the space which had been vacated by the Family Services Agency could be pul to use for other urgently needed public health services. She reported the Child Health and Disability Law mandated that all children receive heath screening prior to entering kindergarten, and Alameda could not receive its share of this and other services until spacebecome available. She asked that the City reconsider its priorities and look elsewhere for space for its Planning staff. Following discussion, the City Manager was requested to investigate the availability of alternate space for health care programs which might be provided by private or public agencies, the pre- school health screening program, and the remodeling time schedule of the Health Building by the County of Alameda. 8. - From Mr. Charles A. Tillman, 2415 Roosevelt Drive, commending members of the Fire Department, Police Department and Alameda Hospital, President Corica reported the letter had been forwarded to the Fire and Police Departments and copies had been placed in the personnel files of the officers involved. HEARINGS: 9. - In the Matter of an Appeal from the decision of the Planning Board concerning Major Variance 75-8, an off-street parking variance for premises located at 848 Lincoln Avenue, filed by Mr. John E. Mitcheom For Mr. 3.0. Eaggett. The hearing was declared opened. Assistant Planning Director Robert Venable reported the Major Variance had been filed as it was proposed to change the use of the premises from one of a low intensity to one which required 50% or more parking, and the request was made to waive the parking requirement of 9 spaces. He noted the furniture store which had previously occupied the location for the past 29 years should have provided 6 off-street parking spaces under the present ordinance, but did not provide any, and that the insurance agency proposed should provide 9 spaces. He said the staff, in analyzing the situation, had felt this was the time to briny about an upgrading in the requirement. He reported the Planning Board had denied the variance and adopted the following findings: (1) There is no off-street parking proposed to be provided for the insurance agency which has 7 employees plus the 2 principals of the firm; (2) The property, as well as adjacent properties, in zoned "C-1", Neighbornood Business District, however the majority of the properties are used as residential; (3) A potential parking problem exists due to the change in the use of the property; and (4) an alternative is available by demolishing the existing single family residence on the rear cf the property and providing a minimum of 5 off-street parking spaces; in this case a variance cf 4 spaces would be required. On the call for proponents, Mr. John E. Mitcheom, 1319 High Street., reviewed the previous use of the property and the proposal to convert it for use by an insurance agency. He stated that following a survey of the area it was his contention there was ample on-street parking for this use, and noted the insurance agency would be a five day per week operation, as opposed to the previous use which oftentimes operated seven days a week. He alleged the proposed operation would not generate patrons seeking parking facilities in the area as the majority of the business was conducted by telephone. He noted that if the premises were to continue to be used for furniture sales, it would not have to meet the ordinance requirement. He commented on other businesses throughout the City which did not provide the reugired off-street parking. Mr. Irving Simmons, 1535 Ninth Street, stated he saw no immediate parking prohlems as there was sufficient parking in the area at all times. On the call for opponents, Mr. Pau] Bixler, 814 Haight Avenue, said it was his opinion if the variance were granted the employees and patrons cf the proposed insurance agency would occupy all available parking spaces on Ninth Street, thereby forcing the residents of the surrounding homes and aoartments tc park on Haight Avenue, Mr. Russ Benner, 818 Haight Avenue, expressed his opposition to the granting of the variance. He suggested the possibility that another business might become affiliated with the insurance agency at a later date, which would increase the use of available on-street parking spaces, and stated the area was already filled with cars parking or the streets. He contended the variance, if granted, would adversely affect the neighborhood. The hearing was declared closed. Councilman Beckam questioned the philosophy for determining the number of parking spaces required. Assistant Planning Director Venable stated this was based on the square footage of the sales area, or the space occupied by the offices, and in this particular case there would be one space for each 175 square feet of office space. He noted the proposed insurance agency could increase in size and become a very active operation. On request, the City Attorney stated the governing ordinance conformed to state law which required certain findings cf fact in order to grant a variance, which were that the Planning Board considered the question of whether there were any peculiar characteristics of the property, whether there would be any adverse hardship on the neighbors, and whether or not it would be granting a special privi- lege. He noted the Planning Board had decided none of these existed and had denied the request for a major variance. In its appeal to the Council, it was the applicant's responsibility to prove in what regard the Planning Board had abused its discretion in making the determinations. Councilman Hurwitz Roved the findings of the Planning Board be upheld and the appeal be denied. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote, 10. In the Matter of a Proposal initiated by the City Planning Board to amend Section II-14C5 of Ordinance No. 1277, New Series, concerning off-street parking requirements, The Clerk stated the affidavit of publication of the required Notice of Hearing was on file. The hearing was declared opened, Assistant Planning Director Venable reported the amendment would require the off-sLreet parking requirement for two-family dwellings to be the same as for multiple-family dwellings. He noted that at the present time the requirement for two-family dwellings was one and one-half spaces per dwelling unit; and the amendment proposed to require one and one-half spaces per studio dwelling unit, one and three-quarters spaces per one or two bedroom dwelling units, and two spaces per three or more bedroom dwelling units. On the call for proponents cr opponents, there was no response, Councilman Hurwitz moved acceptance of the recommendations of the City Planning Board. The motion was seconded by Councilman Sherratt and carried unaninously on voice vote. There being no objection, the meeting proceeded to 'Introduction of Ordinances". INTRODUCTION OF ORDINANCES: 11. Councilman Hurwitz introduced the following ordinance, after which it would he laid over under provision of law and the Charter: 'Ordinance No. New Series Amending the Alameda Municipal Code by Amending Subsection (h) and (c) of Section 11-I4C5 Thereof, Relating to Required Minimum Off- Street Parking Space in Residential Areas." The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None. The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 12. From the Mayor's Ad Hoc Finance Committee, submitting final report cn financing capital improvements, and from Mr. Joseph M. Sullivan, a member of the Committee, Mr. James McClure, Committee Chairman, stated the Committee would he glad to answer any questions after their report had been reviewed by the Council members, President Corica directed the report be accepted for review, with amendments and recommendations to be considered in one month's time. 13. Continued from the meeting of November 4, 1975, from the City Manager transmitting proposal to employ MKGK to prepare an Environmental Impact Report for the Community Master Plan of Harbor Bay Isle. City Manager Goss, an question, stated the City would pay for the EIR and would he reimbursed by Harbor Bay isle Associates, with one-half of the cost being paid immediately by the developer. Assistant Planning Director Venable stated the matter had been before the Planning Board, which had found that the plan, as submitted, did not represent a Master Plan as such and only served the purpose to prepare a supplemental EIR by the consultants. City Attorney Stroud offered as explanation that the EIR was required in light of a recent Superior Court decision, and would not be a Master Plan for hay Farm Island. Councilman Sherratt moved acceptance of the report and approval of the recommendation. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 14. The following resolution was introduced by Councilman Sherratt, who moved its adoption: 'Resolution No. 8438 Authorizing Execution of Contract with MKGK for Preparation of Environmental Impact Report for Community Master Plan - Harbor Bay Isle." The notion to adopt said resolution was seconded by Councilman Eeckam and carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None. 4' 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 meeting returned to the regular order of business, REPORTS AND RECOMMENDATIONS: 15. From the City Manacer transmitting memorandum from the Superintendent of Streets concerning sidewalk repairs at 1160 Bay Street, 1905 Everett Street, 102C Central Avenue and 3006 Central Avenue. The hearing date in these matters was set for December 2, 1975. 16. From the Assistant City Manager proposing establishment cf a federally funded Senior Citizen Transportation Service. Assistant City Manager Creagh reviewed hls report. He stated the application -for funds through Alameda County =or Title III of the Older American's Act cf 1974 had been prepared in draft form. He reported that Mr. Charles Tillman, through his former membership on the Alameda County Commission on Aging, had found out that money would be available for the purpose of establishing a senior citizen transportation program, and had asked the County to tentatively allocate the sum of $5,000 pending submission of the application. Ile said the County had indicated if money were available next year, the City should at that time apply for more than the $5,000, however there was no guarantee that such a program would he funded in coming years. This, he stated, would obviously create some problems for the City if federal funds were cut off and people expected the program tc continue, Mr. Tillman, 2415 Roosevelt Drive, offered explanation of Title III funding, He reported similar senior citizen taxi programs in South County were funded through Revenue Sharing. Councilman Beckam commended Mr. Tillman for bringing this matter to the attention of the City Council and staff, He moved acceptance of the report. The motion was seconded by Councilman Diament and carried unanimously on voice vote. There beirg re objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 17. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8439 Authorizing Submittal of Application for Senior Citizens Transportation Assistance Program to County of Alameda.' The notion to adopt said resolution was seconded by Councilman Diament and carried cr 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. UNFINISHED BUSINESS: 18. Date to be set for joint work session with Community Relations Commission. President Corica reported this date had been set for Thursday, January 29, 1976. 19. Continued from the meeting of October 23, 1975, consideration of the proposal made by Mr. H.W. Chamberlain. President Corica read a letter received from Mr. John Malone, President, Calpak Properties, in which it was stated Calpak Properties. Inc, had obtained approval from its management to proceed with an internal land use analysis of its Alameda property, expected to be completed within six months. After that it was anticipated that normal public participation processes would lead to the development of a Master Plan for the area, and they requested the cooperation of the City in planning for thP development of their sroperty. President Corica reported the following named persons were being appointed to a Mayor's Ad Hoc Advisory Estuary Study Committee, charged with studying options available to the City, to aid financially the future planning and development of Alameda's estuary area, and to consider, before completion of the study, information developed concerning land use planning and the economies of the estuary area. Ho said it was hoped the Committee would eliminate the need to hire en outside consultant, and directed the City Manager to coordinate the input of information to the Committee. Those named were John Fenstermacher, 8. W. Chamberlain, Wayne Milani, Ted Tindell, Lawrence Stickney, 'John Goss, Jack Shepard, Carter Stroud, Mae Rose Evans, Helen Freeman and Vern Pecchenino. He requested the committee to keep in mind that they would he looking at private property owned by a corporation who wanted to plan it for development, and the City General Plan which would be updated. HE noted the Committee would act in an advisory capacity to the City Council. Mrs. Linda Fiore, co-owner of Anthony's Yachts, offered the assistance of herself and her business partners tc the Committee. 20. President Corica stated he would like the Council to reconsider the retention of parking meter bands, and noted the Chamber of Commerce had recommended an increased charge of 516 per parking stall. In discussion, Councilman Beckam suggested the charge be increased to $24 per month, and Council- man Sherratt suggested $20 per month. It was directed this subject be placed on the agenda for the regular meeting of December 2. 1975, under "Unfinished Business". 21.i President Corica requested the City Manager to prepare a report outlining steps which have been and will be taken to hold the lire on City expenditures. 22. Councilman Hurwitz recalled previous consideration of the possibility of going through a hooding program en parking meters ir the Park Street area to see what effect it might have in increased patronage. He suggested the Christmas season might he a good time to try out this program. The City Manager was requested to contact the Park Street Merchants Association for input on the subject. 23. Councilman Sherratt again complained on the lack cf availability of public parking in the City Hall parking lot. City Manager Goss reported the complaint had been assigned to the Pclice Department who had prepared a partial report and he would follow through on the matter, NEE: BUSINESS: 24. President Corica offered the congratulations of the City Council to Deputy City Clerk Celia Conger who had received the Secretary of the Year award from the Lake Merritt Chanter of the National Secretaries Association. RESOLUTIONS: 25. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8440 Requesting the ACAP Governing Board to Permit the City of Alameda to Join in the Joint Powers Agreement.' The motion to adopt said resolutbn was seconded by Councilman Diament and carried on the following roll call vote, Ayes: Five, Noes: None. Absent: None, Reverend Russell E. Palmer, President of Alameda Services Agencies Cooperative, read a letter which he had addressed to Councilman Beckam and members cf the City Council, expressing their appreciation for Council involvement in taking steps leading to adoption of the ACAP program, He also commended Personnel Analyst D. Glenn Tarvor for his assistance, and Councilman Beckam for his persistence in following through with the programs offered by ACTED and ACAP. 25. The following resolution was introduced by Councilman Hurwitz who moved its adoption: "Resolution No. 8441 Authorizing Execution of Joint Powers Agreement with County of Alameda for Shared Recruitment, Testing and Selection of Personnel." 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. PASSAGE OF ORDINANCES: 27. "Ordinance No. 1777, New Series Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." Councilman Beckam moved the ordinance be instroduced and passed as submitted, The notion was seconded by Councilman Diament and carried or the following roll call vote. Ayes: Five, Noes: None, Absent: None. 28. "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 17-333 Thereof, Relating to All Time and Limited No Parking," President Corica reported this matter had been held over from the previous meeting to allow input from apartment house owners and tenants residing on Otis Drive between Willow Street and Park Street. Mrs. Bette L. Thomas, 2225 Otis Drive, stated she represented the tenants in both her building and the adjoining apartment building. She said they had reviewed both plans previously submitted (A. and B) and would prefer to have Plan A accepted, as they did nct want the parking eliminated in front of their buildings. She noted the scarcity of available off-street parking at the present time and stated this would be intensified if parking were nrchibited in their immediate area. She suggested that patrons of the banking institutions on the south side of Otis Drive park in the South Shore Center parking lot instead cf on the street. 36 On request, the City Engineer again reviewed Plan A, which proposed a prohibition of parking along the south side of Otis Drive between Willow Street and Park Street and for 150 feet north of Otis Drive along the west side of Willow Street. He stated Plan E had been submitted by the traffic consultants for Alameda Federal Savings and proposed e prohibition of parking directly in front of two apartment buildings on the northerly side of Otis Drive and several areas in the vicinity of the banking institutions on the southerly side of Otis Drive. Mr. Frank Ratto, 1053 Island Drive, again questioned the traffic pattern in relation to banking institutions on Otis Drive, and suggested the private road behind the banks be improved and used by their patrons. Following a lengthy discussion of ingress and egress lanes to banking institutions and apartment houses in the area, the traffic circulation issue was referred to the Traffic Advisory Committee, and the City Engineer was requested to prepare an Alternate Plan C for consideration at the meeting of December 2, 1975. BILLS: 29. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $89,226.80, was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the claims shown were correct. Councilman Beckam moved the bills as itemized in the List of Claims filed with the City Clerk on November IR, 1975, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Hurwitz and or voice vote carried unanimously. ORAL COMMUNICATIONS, GENERAL: 30. Ms, Anne Taylor, 1039 Otis Drive, complained cf the bus stop at Webster and Santa Clara Avenue being in a parking meter zone. The City Engineer stated he would send her e form to be filled out for presentation to the Traffic Advisory Committee. 31. Mr. Joseph Sullivan, 3221 Liberty Avenue, commented on the Times Star Notebook article of November 10, 1975, concerning City-owned property. 32. Councilman Hurwitz moved the Council retire to executive session to discuss appointments to various Board and Commissions. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. After a five-minute recess, the Council reconvened in the Conference Room of the City Hall for its deliberations. At the conclusion of discussion, it was determined no action would he taken at this time. The City Attorney was requested to prepare appropriate resolutions to effect the appointments on which the Council had reached agreement for action by the Council at its next meeting. Councilman Hurwitz requested consideration of appointments to the Alameda Housing Authority to be placed on the agenda for the regular meeting of December 2, 1975. ADJOURNMENT: 33, There being no further business to come before this meeting, the Council adjourned to assemble ir regular session on Tuesday, December 2, 1975, at 7:30 o'clock p.m. Respectfully submitted, City Clerk