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1976-04-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - - APRIL 6, 1976 The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of Allegiance was led by Vice Mayor Beckam, followed by an Invocation delivered by the Reverend Glenn W. Thomson, Chaplain of the Naval Air Station. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5), were noted present. Absent: NOne, MINUTES: I. The minutes of the regular meeting held March 16, I975, were approved as submitted. WRITTEN COMMUNICATIONS: 2. From Mrs. Joann Vander Kooi, I546 Broadway, appealing decision of the Planning Board in denying continuance of the Use Permit for operation of the Small World Nursery. The hearing was set for April 20, 1976. 3. From Jones-Tillson & Associates, signed by Mr. Calvin M. Jones, requesting a two-year extension of approval of the Tentative Map for Tract No. 3645 to November 6, 1978, (Village II - Harbor Bay Isle AsS0cfDt2S\, Councilman Beckam moved the time limit be extended two years to November 6, 1979 for the Tentative Map for Tract No. 3645' 4. From Mr. Edward Jordan, Editor of Spirit Arts Co-op, 530 Santa Clara Avenue, requesting permission to make a presentation on a proposal to convert the BeIl]2hBm Steel Shipyard into a center for the performing, visual and creative arts. Mr. Jordan stated he wished to withdraw that portion of his request relative to the two-month trial period, as it would be a disservice to all concerned. He read the goal of the organization from his letter to the Council. He related Mr. Malone, of Calpak Properties, had written him again and though had not withdrawn his support, was most anxious to hear the response of the City Council. He stated he was asking for a vote of confidence from the Council so his organization could proceed with their plans. He stated the long term goal was to utilize the large brick building on the Calpak property for the Center. He indicated he had met with the Bicentennial Committee and was willing to work with them for the planned July 4 exhibit. He related the actions taken to date. It was the suggestion of the Council that Mr. Jordan meet with staff to discuss the feasibility of the project, and then return to the City Council when more specific details were available. 5. From Misses Laura Hurwitz, Tracy LOmhd and Connie Bryant, reoueSti0g permission to make a pre- sentation concerning a recreational use. Miss Connie Bryant, I914 Cambridge Drive, spoke for the group. She suggested a boarding stable and riding academy be established on Bay Farm Islond, Miss Bryant related and posted a drawing illustrating their plans in detail and a projected plot plan for the use. The suggestion was referred to the Recreation Department for consideration. 6. From the California Music Merchants Association, Inc., signed by Mr. George A. Miller, Executive Director, regarding the Business License Ordinance. President Corica noted the amusement device industry was requesting they he allowed to utilize the option of computing the business license tax on gross receipts rather than a flat rate. Councilman Hurwitz moved the ordinance for passage he amended by deleting Section 13-I925 from Section 13-1102, and permit amusement devices to be covered under gross reCeiptS. The motion was seconded by Councilman Diament and carried unanimously on voice vote, Mr. Miller, who was in the audience, expressed his appreciation for the Council's action. 7. From the Islandia Home Owners' Association, sinned by the Board of Directors, concerning airport growth plans of the Port of 0Dk]ond, President Corica stated he wished to amend a statement in the letter and indicated the Mayor and the entire Council had agreed to the action taken on Runway 27. He related nothing had been given up, the lawsuits were pending, Assemblyman Miller had been requested to pursue the bill which would prohibit utilizing Runway 27, and the Council had adopted a resolution supporting their position on Runway 27. He stated Port of Oakland officials had requested to be notified of any violations, so it could take action. President Corica further referred to the comment in the letter which indicated the training flights constituted 15 to 20 percent of the total noise. On request, the City Attorney stated he had checked with Wyle Lab, who were gathering data for the Noise Element, and they indicated that estimate was considerably high. Mr, Len Peters, I003 Tahiti Lane, expressed the Association's concern about previous promises made by the Port of Oakland. He said he had spoken with the Chief of Tower Controllers, Mr. Charles Evans, who indicated the new procedures were basically the same as before, allowing the exceptions when Runway 29 was closed due to construction or safety considerations, which would include weather conditions. He stated the new instructions did not use the words "prohibited" or "restricted', and charged the Port of Oakland had "softened" the rules. He listed the sources of his information, President Corica related the actions taken last year with regard to AB 2738. He suggested the City of Alameda would be benefited by any arrangement made, rather than to do nothing until the state legislature acted. Councilman Sherratt stated the Council had not made any agreements with the Port and quoted from Item 19 of the minutes of the meeting held May 6, 1975, which reflected the Council's action directing Assemblyman Miller to pursue legislation to ban the use of Runway 27, Councilman Beckam defended the actions of the legislature, particularly in respect to prOhbitiOg the proposed freeway around Alameda. He also mentioned Assemblyman Lockyer's bill, AB 3784, requiring noise abatement plans when the Land Use Commissions (ALUC) considered airport expansion. He asked that the City Attorney instructed to prepare a resolution endorsing AB 3784. He also suggested residents of Bay Farm Island write each senator and assemblyman in their area to urge passage of these two bills. Councilman Diament commented to federal level was responsible for rules pnverninq airports, and suggested efforts be directed to federal represenatives. She stated a resolution had been proposed by the state legislators asking the federal govenrment for help in regulating airports, and the resolution had been withdrawn at the request of the former City Council. Councilman Beckam requested the City Manager to check on this information and he also asked the City Attorney to check with the Port of Oakland to see if their operating rules have been or propose to be amended to reflect the agreement. 8. From Mrs L.E. Francis, 2465 Shoreline Drive, suggesting use for property on Bay Farm Island owned by Harbor Bay Isle Associates. The communication suggesting the property be used for horse breeding was referred to the Recreation Department, 9. From the Board of Port Commissioners, City of Oakland, signed by Mr. Robert E. Mortensen, transmitting a Port Resolution prohibiting the use of the North Field runways of the Metropolitan Oakland International Airport. It was the consensus of the Council that the communication be accepted. 10. From the San Francisco Bay Chapter, Sierra Club, signed by the Chairman of the Transportation Subcommittee, suggesting the City consider the need for bicycle parking lockers in preparation of its application for Transportation Development Act funds for the I976-77 fiscal year. The communication was referred to the Recreation Department for consideration. Councilman Hurwitz requested information about the status of bike paths. The City Manager related a link of the path would be included in the Washington Park plans, and indicated financing was the hindrance. On request, the Park and Recreation Director explained the Transportation Develop- ment Act funds could only be used for off-street areas, and explained this was the reason for the City's involvement in the Bay Farm Island Bridge and Washington Park areas, projects. 11. From Mariner Square Associates, signed by Mr. John Beery; and Ancient/Mariner-Rusty Pelican, Inc., signed by Mr. Douglas F. Rys, concerning the appearance of Webster Street at the approach to Mariner Square. President Corica related the City Engineer had indicated this material was being stockpiled for use in correcting the drainage problems in that area and to provide material for the proposed Patton Way project. 12. From the Alameda Womens Improvement Club, signed by Mrs, Louise Benedetti, Secretary, requesting placement of a bus bench at Otis Drive and Park Street. President Corica advised the bus bench was in place and the A/C Transit District was planning to install a shelter in the near future. 13. From Mr. Fred E. Laughlin, 924 Versailles Avenue, concerring operation of the Bureau of Electricity' President Corica stated Mr. Laughlin was requesting an investigation of the Public Utilities Board which was contrary to the Council's policy. He related the qualifications of the Board members. He also reviewed the actions of Mr. Laughlin in appearing before the Council and the Public Utilities Board and the Board's responses to his inquiries. Mr. Laughlin spoke about his findings and charged the Board was a "rubber stamp" for the Bureau's General Manager. He charged the present high rates were the result of policies of the Bureau and the Board, and requested a special committee be appointed to investigate the DurRo's operations. After considerable discussion, the Council declined t0 anpoint the requrested committee. City Manager Goss, a member of the Board, refuted Mr. Laughlin's charge that the Board acted as a "rubber stamp", Mr, George Gardiner, II14 Court Street, stated he had done research work with Mr. Laughlin in an attempt to determine what the yield to the City was on its investment. He described the difficulties involved because of their inability to determine the current market value of the Bureau's property and eqUipment. Councilman Beckam suggested the City Manager and the President of the Public Utilities Board meet with Mr. Laughlin and anyone else and volunteered to join the group, to review some of the aspects of the information asked for. 14. From Mr. Joseph M. Sullivan, 3221 Liberty Avenue, concerning the Planning Department. The communication was received. 15. From M.A.G. Consultants, Inc., signed by Dr. Maurice A. Garbel], filing a claim against the City for professional services. President Corica explained the claim was filed in connection with work done as part of the noise element and that the City Attorney had recommended it be denied. Councilman Hurwitz moved denial of the Claim. The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Councilmen Diament, Hurwitz and President Corica, (3). Noes: Councilman Beckam, (1). Abstaining! Councilman Sherratt, (1). Absent: None. HEARINGS: 15. Continued from the meeting of March 16, 1975, in the matter of consideration of revisions to the Planned Development Ordinance. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. President Corica noted the Planning Board had been working on the proposed amendments for more than a year, and declared the hearing opened. Mr. John Fenstermacher, I734 Cambridge Drive, President of the Planning Board, reviewed the work of the Subcommittee, which had been meeting for fourteen months to develop the proposals, and stated the subcommittee had considered information received from the Goals Study. He said there had been some disagreement on public vs private streets and the question of mixed uses. He reported the questions had been resolved by a majority vote of the Board, and they had determined the density would be determined by underlying zoning. He stated the Board had decided on the wording of Sections 1355 and 1355.I at their meeting held April 5, 1975. On request, Mr. Stroud explained the ordinance which had been submitted and the appended pages illus- trating the Board's recommendations and the Planning Director's recommendations. Councilman Beckam noted there had been some modifications received just prior to this meeting and the public had not had a chance to look at them' He suggested the public hearing be held, the ordinance introduced, and any modifications to come in later and be properly presented. President Corica declared the hearing would he postponed until the next regular meeting, and directed the City Attorney to submit one ordinance with the Changes shown and one set of comments. I0. Continued from the meeting of March 16, I976, in the matter of consideration of revisions to the Design R2VfeNOrdinance, The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. The President declared the hearing opened. After considerable discussion, the Planning Director presented a brief report on the chronology of the Design Review Board, the proposed amendments, and comments, both favorable and unfavorable, concerning the Board's actions since its creation. He stated the Design Review Board had approved the amendments, the Planning Board had approved the review by use rather than cost, and had approved review of single family residences in an xR-l" zone by a vote of five to twV. He stated the questions before the Council were approval of single family residences and no fee for minor applica- tions, and listed the alternatives to single family residence review as: (1) except all residential; (2) review all single family uses; (3) leave the ordinance as it exists with review restricted to multi-family zones which would allow review of sinqlefamily uses in other than "R-I" zones; and (4) review all single family residences on that pertion which was visible from the street, I.E., roof lines, window spaces, materials, building portions, sizes and yards, and all other building improve- ments not requiring a building permit, such as paint and exterior color selection would be exempt from review. He noted it was not the function of the Design Review Board to redesign a project, but to suggest broad alternatives from which choices might be made, Mr. Tom Lee, Planning Assistant and Secretary to the Design Review Board, made a slide presentation of projects, before and after, which had been subject to design review. On the call for proponents, Mr. Joseph C2rVelli, Chairman of the Design Review Board, reported the proposed ordinance had been approved by the Board, which felt single family residences in all zoning districts should be included as an essential item for design review continuity. He noted there was an appeal process to the City Council, and answered questions nut by Council members. Councilman Beckam suggested the Design Review Manual be updated so anyone, including a layman, could understand it. President Corica remarked that the majority of people he had spoken with were opposed to the concept of a Design Review Board, as they felt it was just another layer of government telling them what to do with their own homes, and cited criticism which he had heard. The following persons spoke in support of the proposed ordinance: Mr. James 3mallmnn, 2242 San Antonio Avenue; Mr, John Beery, Mariner Square; Mrs, Ina Ratto, 1053 Island Drive; Mr, Robert Wood, 3I50 Phoenix Lane; Mr. John Dickson, 911 Grand Street, and Mrs. Patricia Payne, 2121 Alameda Avenue. On the call for opponents, M5, Rena Clements, Associated Building Industry of Northern California, stated their organization was not opposed to design review, however recommended single family homes in any zoning area not be included in the ordinance. She reported their problem was in the interpretation of subjective guidelines, where the situation might and did arise with a professional opinion being expressed against another professional opinion, or a lay person making judgements OD technical issues which he was not qualified to dn. She suggested that should the Design Review Board be continued, the manual be made more clear and precise SO the guidelines would be easier to follow by both the developer and the Board, She offered the assistance of her association in this regard. Mr. Gerhard DeqemaO, Vice President, Bonded Remodelers Council, suggested a General Contractor specializing in remodeling be put on the Board, and the manual be rewritten and contain specific guidelines. Mr. Robert Smith, 3530 Magnolia Drive, repeated his previously expressed opinions to the Design Review Board and demanded the ordinance establishing the Board be repealed. He alleged the ordinance was illegal, which statement was refuted by the City Attorney, Mrs. Ella Waterbury, 338 Beach Road, again reviewed her experience with the Board. She opposed the inclusion of single family home review in the ordinance. Mr. Richard Roth, 1417 Fifth Street, also reviewed his involvement with the Board which he had previously reported to the City Council, and expressed his strong objection to a review of single family residences. The hearing was declared closed. Councilman Diament stated that after due consideration, it was her opinion single family home review should be deleted from the OrdjDanCG. Councilman Beckam referred to Section 11-231 (d) of the ordinance and recommended it be changed to read: "The following improvements are exempt fro the provisions of this Chapter: (1) Additions or repairs to an existing improvement if no structural change to the exterior thereof is to be mode. (2) Improvements to single family dwellings not visible from the street." Following lengthy discussion, Councilman Hurwitz moved the ordinance be taken out of order. The motion was seconded by Councilman Sherratt and carried on the following roll ca]] vote. Ayes: Three. Noes: Councilman Diament and President Corica, (2). Absent: None. The meeting proceeded to "Introduction of Ordinances". INTRODUCTION OF ORDINANCES: 16, Councilman Beckam introduced "structural" in Section 1I-23I(d) the Charter: he following ordinance, as amended by insertion of the word ), after which it would be laid over under provision of law and "Ordinance No. New Series Amending the Alameda Municipal Code by Amending and Adding Certain Sections to Articles 3 and 4, Chapter 2, Title XI thereof, Relating to Design Review Regulations and Special Provisions," The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Three. Noes: Councilman Diament and President Corica, (2). Absent: None, A ten-minute recess was called. Upcn reconvening, President Corica announced the report and recommendation concerning the proposed transfer of City-owned real property to the Alameda Unified School District would be taken out of order. REPORTS AND RECOMMENDATIONS: 17. From the City Manager concerning the proposed property transaction with the Alameda Unified School District. President Corica reported the issue clearing title technically invested in the City of property on which schools are located had been discussed for a number Of years. He referred to the ch0r0n- ology of communications, discussions and meetings between representatives of the School District and the City, which was incorporated in the report. The City Attorney noted the agreement was in proper form and had been prepared by the County Counsel. RESOLUTIONS: 8. The following resolution was introduced by Councilman Sherratt, who moved its adoption contingent upon the required bond's being posted: "Resolution No. 8511 Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Parcel Map No. 1774 and Approvinc Faithful Performance Bond as to Sufficiency (Division of Property at 18 Garden Road - Mervin J. Shields and Paula V. Shields)." The motion to adopt said resolution was seconded by Councilman DianRnt and carried on the following roll call vote. Ayes: Three. Noes: None. Abstaining: Councilman Hurwitz, (1). Absent: President Corica, (1). 9. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution Nn. 85I2 Approving Parcel Map No. 1774 fcr Division cf Property at 18 Garden Road, Alameda, California, and Permitting Recording Thereof (Mervin J. Shields and Paula V. Shields)." The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Three. Noes N00S, Abstaining: Councilman Hurwitz, (1). Absent: President Corica, (1). The meeting returned to the renular order of business. REPORTS AND RECOMMENDATIONS: 10. From City Planning Board, signed by the Secretary, making recommendations on proposals to rezone Jackson Park, Washington Park, Woodstock Park, Buena Vista Park, Rittler Park and Krusi Park, from residential classification to the "0", Open Space District. The hearing on this matter was set for May 4, 1976. 11. From the City Manager concerning the lease of City property at 2226 Santa Clara Avenue. Vice President Beckam noted the lease, if anproved, would permit the County to remodel and upgrade the bui]dfnq. On request, the City Manager reported the County wished to remodel the structure in order to provide more efficient use in providing health care services at an estimated cost of approximately SI20,000 to $I40,000' He stated the proposed lease would begin July 1, 1976, for a term of 15 to 20 years depending on the amount of remodeling costs, and in addition, the County would pay the City $125 per year, the lease amount in effect since I957. Mr. Goss said it was anticipated the remodeling would take place between September and November, 1970, that City staff now housed in the building would remain there until the remodeling commenced, and would return to the building, however to smaller quarters, when completed and remain until May 1, 1977. He reported there was no space available with City Hall to accommodate staff members Of Social Service and Advanced Planning, and some of the options available were; (1) pay the County, Or have some eXbhanqe, at a cost of about $4,0110 to allow staff to stay in the building during the remodeling; (2) Move staff hock and forth approximately four times until the Police DuiMinq is completed in September, 1977; (3) Rent commercial space; /4\ Lease a modular structure to be placed at some location in the City; or (4) Use part of the Post Office building. He recommended the staff be moved to a location to be determined at the commencement of remodeling, and then relocated into the City Hall when the Police Denartment moved. There followed lengthy discussion concerning the possibilities suggested by the City Manager and the utilization of School District space which might be available. Vice President Beckam requested the City Manager investigate any and all possibilities for housing staff members, including rental of commercial offices and School District space, with a report to the City Council at the end of a one month period. Councilman Sherratt moved acceptance of the report and incorporated Vice President 8eckxm's reques in his mOti0n. The motion was seconded by Councilman Hurwitz and carried on the following voice vote. Ayes: Four. Noes: NOne, Absent: President Corica, (1). There being no objection, the meeting proceeded to 'Introduction of Ordinances", INTRODUCTION OF ORDINANCES: 12. Councilman Diament introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Authorizing Execution of Lease to the County of Alameda Relating to these Certain Premises Commonly Known and Described as 2226 Santa Clara Avenue and Terminating Previous Lease.' The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Corica, (1). The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 13. From the City Manager on the County Emergency Medical Services System Plan. Vice President Beckam reported the City Manager recommended the Plan be endorsed in concept on the condition present service levels not be reduced and there be proper representation for Alameda OD any Committee implementing the Plan. Councilman Sherratt moved acceptance of the report and approval of the recommendation. The motion was seconded by Councilman Diament and carried on the following voice vote. Ayes: Four. Noes: None. Absent: President Corica, (1). UNFINISHED BUSINESS: 14. Consideration of following item brought up under "New Business" at regular meeting held April G, 1976: (a) Request by Councilman Hurwitz for preparation of a resolution indicating to the Housing Authority that the Council would like to ^ee the 40% of the first year HCDA funding under Section 8 directed to low income family housing, so funds might be used to assist placement of Makassar Housing tenants. Councilman Hurwitz stated he realized there was a need for senior citizen housing as wellas low income family housing, however, as approximately 200 families were going to be displaced within a short period of time and the Housing Authority had no funds for relocation, it might be well to direct the remaining Section S moneys be used for leased family housing. Councilman Sherratt stated he had contacted some of the Commissioners and the Executive Director of `- the Housing Authority and discussed the issue. He noted some 80 units would be funded under the pending applfcntiOn. It was felt by the Housing Authority that if the application were changed, it could create problems; that it was planned to apply the 40% remaining funding to the 105 units at Otis and Park and the modulars under a clause called "recnetly completed housing', as they were not subsidized at this time. He reported the Authority was also pursuing the psosibility of reconstruction loans through the state, and the suggestions made at the joint work session. He explained if the 40% were redirected and the application rewritten, this would not mean that Makassar Tenants would be on a priority list as this was against federal reoulations. Councilman Hurwitz reported he was in receipt of a letter from HUD to the Housing Authority advising them their request for a waiver to except projects under the Section 8 new construction regulations had been disallowed; therefore these funds would not be used for the Park-Otis complex. On request, he read the letter. Assistant City Manager Creagh stated the Authority had indicated they would make application for Section 8 funding for low and moderate income families for I00 additional leased units in the coming year, under HCDA procedures. Councilman Diament expressed her agreement with Councilman Sherratt /S remarks, She said she felt confidence should be kept in the Authority and the Executive Director as they were doing all they could and were also looking for other alternatives to house Makassar tenants. Mrs. Dorothy Allen, I020 Pacific Avenue, asked how the funding would be distributed, Assistant City Manager Creagh explained 65% of the amount was allocated for senior citizens and 40$ for senior citizens and existing housing, There followed a lengthy discussion of HCDA Section 8 and the application. It was noted President Corica had entered the chamber at 8:30 o'clock p.m, and taken a seat on the Council. President Corica said it was his opinion the Housing Authority was doing everything in its power to assit the tenants of the Makassar project. Councilman Hurwitz moved the resolution be taken out of order. The motion died for lack of a second, A ten-minute recess was called. Upon reconvening, and there being no objection, the meeting reverted to "Hearings" and President Corica presiding, HEARINGS: 15, In the Matter of the Appeal from a decision of the Planning Board in denying continuation of the Use Permit for operation of the Small World Nursery, filed by Mrs. Joann Vander Kooi, 1546 Broadway. The President declared the hearing opened. OD request, the City Attorney explained the Council had the discretion as to whether or not this should be a public hearing per se; that in accordance with the provisions of the prevailing ordin- ance, the Council should base its decision on the record unless it was determined evidence existed which the Planning Board should have considered and which had not been presented to thBm. Councilman Sherratt requested speakers be limited to five minutes and directed to speak to the subject. Planning Director Patterson reported the Planning Department had received no additional information than that which the Board had considered, and minutes of the Board meeting of December 15, 1975, at which the matter had been heard, had been transcribed and transmitted to the City Council. He stated the Planning Boar,' action was to deny the permit but grant a six month stay at the present location, the vote being six to zero with one member absent. President Corica noted a petitbn had been received signed by 769 residents in favor of the continued operation of the nursery. On the call for proponents, Mr. Thomas Davids, I825 Fremont Drive, a member of the Consistory of the First Christian Reformed Church of Alameda, referred to the appeal request and accompanying report. He explained the appeal was being made at the request of the supporters of the Small World Nursery who recognized the need for the program and asked that it be allowed to continue. Approxi- mately 75 persons in the audience rose to indicate their support of the request. Mr. Davids r2oUrted the non-profit program was a part of the overall ch oh program and in its operation had observed all of the previous conditions placed on the Use Permit. In answer to questions, he stated the nursery did not operate during the summer months, and there was no alternative to the use of the backyard as a play area. Councilman Sherratt asked if a fence could be constructed which would he six feet high on the play- school site, and probably eight feet high on the opposite side, to assist -VI cutting down on the noise problem. Mr, Davids replied this had not been explored, to his knowledge' Mrs. Margaret Rosenow, 2526 Otis Drive, stated the opponents previously had been opposed to the raising of the fence and also to planting trees or shrubbery in the backyard area. She said this had been suggested about two years previously. Mr. Harold Nelson, 13I7 Court Street, remarked he was a resident of the immediate neighborhood and had no objection to the nursery operation. He noted the playgrounds of Lincoln and St. Philip Neri Schools were in the vicinity and were noise producing and he felt the children of pre-school age should also have the right to play out of doors. Mrs, Harriet Petroelje, 2833 Santa Clara Avenue, reported this was not a day care center and it was her belief the Planning Board had made their decision on that basis. Mrs. Marcia Howes, I369 Hansen Avenue, reported there was no space in the backyard to permit the moving of playground apparatus and toys. At the present time, she stated, there was an approximate five foot high wooden fence Separating the backyard of the nursery from the adjoining property. Mrs. Joanne Rich, 1329 Sherman Street, and Mrs. Bonnie Burr, 449 Pacific Avenue, also spoke as proponents of the appeal. City Attorney Stroud stated the Noise Element discussed the effectiveness of various shielding measures and it might be possible the right kind of barrier would be of some use in alleviating the noise. Mr. Davids, on question, stated the Church would be willing to consider any suggestion which would alleviate the problem. On the call for opponents, Mrs. Thelma McKenzie, 2913 Morton Street, voiced her strenuous objection to the nursery school operation. She alleged the noise was injurious to her health and well being, and repeated her statements made at the Planning Board hearing. She reported that, even wither doors and windows closed, the noise was audible within her house. She further stated the fences were sorely in need of repair and the children were endangering themselves by climbing on them. She stated te had lived in the area for 50 years, the neighborhood was zoned residential and nursery school operations had been prohibited in the past. Mrs. Olive Hainke, 123I Court Street, stated her residence abutted the Church and play yard and she had purchased the property prior to the Church's comir.g into the area. She agreed with the statements made by Mrs. MacKenzie. She complained of the lack of street parking for her family and guests, and alleged the parking sites were used by members of the Church ac nursery. She alleged the petitions presented by the Small World Nursery in favor of their continued operation were signed by persons who did not live in the immediate vicinity and therefore were not subjected to the noise and inconvenience, Mr. Ross Justus, 29I9 Madison Street, reported that almost every resident in the block where the church is located had signed a petition in opposition to the nursery school operation. He con- firmed the statements made by Mrs. MacKenzie and Mrs. Hainke, and said he did not believe there was any way by which the noise could be muffled as the wall of the Church was about 35 feet tall and a 6 feet tall fence would not eliminate the nofSe. The hearing was declared closed. At the conclusion of lengthy discussion, Councilman Beckam moved the matter be remanded to the Planning Board for rehearing, with appellants to provide an aCCVotticOl report on the possibility Of providing fencing, at Church expense, which would abate nOiSe The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. 16. In the matter of consideration of revisions of the Planned Development Ordinance. President Corica reported the revisions had been under study by the Planning Board and its sub- committee for many months. He noted the matter had previously been considered by the City Council, who had made suggestions and referred it back to the Board for further study and recommendation. The President declared the hearing opened. On the call for proponents, Mr. John Fenstermacher, President of the Planning8Oard and a member Of the subcommittee, stated one of the areas addressed was that within which the Design Review Board would take over and handle a Planned Development application. They had also attempted to reword the ordinance so that it would be clear to the lay person. He said the Board had reworked the areas of densities and mixed uses and had submitted its written recommendation. He answered questions put by Council members and elaborated upon the written report of the subcommittee. He noted the subcommittee had taken into the consideration the Goals Study in their deliberations. There followed a prolonged discussion of density and the method by which this would be determined. Mrs. Rosalie McPherson - member of the Planning Board, recommended the Board version of Section 11-I355 (b) - Density be adopted and any reference to gross or net acreage be omitted, and also the Board's recommendations with renord to Section 1I-I355.I - Streets and Other Transportation Facilities be adopted. She stated this would offer the developer flexibility to design a street anyway he wanted it, subject to the City Engineer's requirements. She said Mixed Uses would remain just that, under the Board recommendation, except that the land being considered for commercial development would be zoned commercial, She stated the Committee had made a provision for the Planning Board to approve residential uses in any zone other than an "P" zone, or if it determined the use was compatible with the development. She reported other bay area communities were allowing only 4 lots per acre, whereas their recommendation was 6 units per acre. Councilman Beckam noted a standard subdivision would allow 8,7 units per acre and questioned why the recommendation was for 6 units. Mrs. McPherson stated a Planned Development was to create a maximum amount of open space and was a bonus to the developer who could be as creative as he wanted with his design. Mr. Robert Duncan Nicol, member of the Planning Board, also addressed the matters of density, mixed uses and private streets. He concurred in the recommendations of the subcommittee. Mr. Joseph Sullivan, 3221 Liberty Avenue, urged the adoption of the ordinance as proposed by the Planning Board. He distributed written copies of his presentation. He noted that in addition to the Harbor Bay Isle development, the revision concerned development of the Del Monte property as well as that of the Naval Air Station when and if it were vacated by the federal government. He argued the advantage of public vs private streets within a development. Mrs Inez Kapellas, 1128 College Avenue, recommended public streets be required in all Planned Developments. MrS, Ina Ratto, I053 Island Drive, noted the difficulties encountered by the residents of Kingston Drive, a private street. She supported the Planning Board's recommendations with the exception Of Sectbn 1I-7.355.I - Streets and Other Transportation FdCftiSS, as this would allow private streets to be included in the calculation of density. On the call for opponents, Mr. George Thenn, representative of the Arbor Development Company: talked to the issue of private streets. He related his experience in attempting to develop a 25!. acre project in an "R-1-PD" zone on an irregularly shaped parcel, and stated they ended up with a 6 per acre density with no bonuses and private roads. He reported the Planning Board had ruled private road would not be allowed and they had then developed an »R-l" configuration, after which the Board had stated they could not go "R-I" as they were in a "PD" zone. He said they were now in a quandry as to how they should proceed. He stated a Planned Development with private streets meets the needs of many homeowners, and noted those Bay Farm Island developments completed with these amenities contained few unsold lots units and were well mafntained. He said he believed there should be more flexibility in the calculation of density. The hearing was declared ClOsed. Following discussion, Councilman Beckam moved approval of Section 11-1355 - Density to read: "(a) The Planning Board shall determine the number of dwelling units that are appropriate for the Planned Development. Unless mitigating measures elan be implemented under Sectbn 1I-I356, density which could create the conditions listed in that section shall not be allowed. (b) The maximum number of dwelling units which the Board may permit, per gross acre, shall be: (1) R-1: 8.5. (2) R-2; 17.5; (3) R-3: 21.5; (4) R-4: 29.0; (5) R-5: 43,5; (6) R-6: 87.5. (c) Density shall be calculated for each Planned Development. The Board may calculate density on the basis of more than one Planned Development if the Planned Developments are contiguous and part of an approved Master Plan. This section may be applied to existing as wellas proposed Planned Developments." The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Thr2e, Noes: Councilman Didment and President Corica, (2). Absent: None. Councilman Beckam moved approval of Section II-I355.1 - Streets and Other Transportation Facilities, to read: "(a) All streets other than ways used for access to garages or parking areas, shall be dedicated unless the Planning Board determines that private streets are a necessary arrange- ment in the design of the Planned Development and the covenants and conditions include a provision that the City may repair streets and/0r require dedication at a later date if streets are not maintained. (b) The Planning Board may require the dedication of any walkway, bicycle path or other transportation facility within a Planned Development if such dedication appears to be in the public interest. (c) A Planned Development shall satisfy the provisions of the Subdivision Ordinance or the requirements for exceptions to the provisions of the Subdivision Ordinance. If the Planning Board determines that the design of the Planned Development meets the requirements for exceptions, approval of the Planned Developmentshall constitute the recommendation to authorize exceptions to the requirements and regulations of the Subdivision Ordinance." The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: President Corica, (1). Absent: None, Councilman Beckam moved approval of Section 1I-1354.2 - Uses Permitted in Planned Developments" to read as proposed by the City Attorney in his memorandum of April 9, 1976. The motion was seconded by Councilman Sherratt and failed to carry on the following roll call vote. Ayes: Two Noes: Councilman Diament, Hurwitz and President Corica, (3). INTRODUCTION OF ORDINANCES: 17. ' Councilman Beckam introduced the following ordinance, as amended at Sections II-1355 and II-I355.I, after which it would be laid over under provision of law and the Charter. "Ordinance No. New Series Amending the Alameda Municipal Code h« Repealing Sections I1-I553 Through I1-I358.I3 and Adding New Sections I1-I553 Through 11-I358 to Title XI, Chapter 1, Article 3 Thereof Relating to Planned Developments Combining District Regulations." The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Three. Noes: Councilman Diament and President Corica, (2), Absent: None. The meeting returned to "Unfinished Business". UNFINISHED BUSINESS: 18. Councilman Hurwitz referred to the matter of the reconstruction of the Golf Course driving range and cart storage 5hBd. He recalled that on March 16, 1975, the Council had requested a report from the City Manager on the Capital Outlay Program Council had adopted and had adopted a motion that reconstruction of the driving range and cart storage shed be placed in first priority for Capital Improvement funding. He said, in the meantime there seemed to be some confusion and it was his understanding that at no time was it proposed that funds be taken from the Police Headquarters project. City Manager Goss said it was his opinion the Golf Advisory Commission had recommended funds be setaside for the Police building be spent in advance on the driving range project, on the theory it could be repaid during the course of construction of the Police building. Councilman Hurwitz said although he felt very strongly the reconstruction of the driving range should be started as soon asposSfble, he felt there must be money available somewhere without jeopardizing the Police project, He suggested the money might be borrowed from a private source The City Manager reported that under state law, a public jurisdiction R could not borrow money without repaying it in the same fiscal year. However, he said, a lease-purchase arrangement or Other techniques could be investigated. President Corica noted that each day of delay was increasing the cost of the project and a loss Of increased revenue. At the conclusion of discussion, the City Manager was requested to prepare a report on various methods by which the project could be financed. NEW BUSINESS: 19' President Corica asked how the members of the Council felt about travelling to Sacramento to lobby for special projects and bills- It was the consensus of the Council that this would be of value, and President Corica requested each Council member to provide the City Manager with a list of special projects and bills they might wish to pursue and legislative offices and administrators they wished to visit, Mrs' Inez Kapellas commented on the advisability of a majority of the Council traveling together, and asked if this would be a violation of the Brown Act. She was assured that any such trips would be publicized and all meetings would he public. 29' President Corica displayed a medallion which he had received for his participation in the DeAnza Trek. 21. President Corica requested the Council review the written goals of the Architectural Barriers Committee, in order that adoption might he considered at the next regular meeting Of May 4, 1976 RESOLUTIONS: 22. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution NO. 8513 Supporting AB 3784 Requiring Inclusion of Airpn-t Noise Abatement Program in Formulation of Required Comprehensive Lard Use Plans." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: FiYe, Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 23. "Ordinance Nn. I801, New Series Amending the Alameda Municipal Code by Amending and Adding Certain Sections to Articles 3 and 4, Chapter 2, Title XI Thereof, Relating to Design Review Regulations and Special Provisions." Councilman Sherratt moved the ordinance be passed as submitted. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Three. Noes: Councilman Diament and President Corica. (2). Absent: None, 24. "Ordinance No. I802, New Series Amending Article 3 of Chapter 1, Title XI of the Alameda Municipal Code by Amending Certain Subsections Thereof, Relating to Zoning District Regulations," Councilman Hurwitz 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. 25. "Ordinance NO` 1803, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance A0, 1277, N.$.'/ (Longfellow Park) 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. 26. "Ordinance No. I804, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No, 1277, M.5," (Franklin Park) Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Council- man Sherratt and carried on the following roll ca]] vote. Ayes: Five. Noes: None. Absent: None. 27. "Ordinance No. I805, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City Of Alameda by Amending Zoning Ordinance No. 1277, N.S,' /Lincoln Park) Councilman Diament moved the ordinance be passed as submitted. The motion was seconded by Council- man Sherratt and carried on the following r0]] call vote. Ayes: Five, Noes: None. Absent: None. 28' "Ordinance No. 1806" New Series Authorizing the Transfer of Certain City-Owned Real Property to the Alameda Unified School District," Councilman Diament moved the ordinance be passed as submitted. The motion was seconded by Councilman Hurwitz. Mrs, Inez Kapellas alleged the Council did not have the jurisdiction to transfer the properties by Ordinance, as they had been purchased through a bond issue authorized by the electorate. She asked the Council to reconsider the matter, and not to act hastily. She reported the people were inter- ested in rehabilitation, rather than rebuilding of Alameda High School and alleged this had become a political issue and they might be forced to go to a referendum or appeal to the courts. City Attorney Stroud disputed MrS. Kapellas' allegations. He stated it was legal for the Council to adopt an ordinance transferring property by a fVur-fifths vote, Attorney Michael Grappo stated it was his understandina the ordinance would permit the exchange of properties, one of which was needed by the School District for the purpose of completing the construction of a new building and destruction of the AlamedaHioh School building. He urged the ordinance not be passed, He remarked on the Initiative Petition which had been filed and which the Superior Court had ruled inanpr0priate to place on the ballot in its present form, as it was not property drawn up. He said the people wanted the opportunity to express themselves on the question as to whether or not the existing building should be brought up to the structural safety requirements of the State of California, or destroyed and new building constructed. He stated that was the intent of the initiative Pet1ti0n. He alleged the people had further been denied the opportunity to express themselves by the Board of Education, and referred to Section I5505 of the Education Code. He asked that the Council include in the 0rd1naOce conditions which would compel the Board of Education to put the issue on the ballot of the next election. President Corica reported the matter of the transfer of title of the properties used by the School District had been discussed for many years; that the Council had previously adopted a resolution placing the Initiative Petition on the ballot of the June Primary Election, however the Court had ruled this could not be done. Mr. Frank Ratto, 1053 Island Drive, expressed his opposition to the passage of the ordinance. Mrs. Eleanor 3ta]l0an, 1311 Dayton Avenue, stated she had represented many persons on the opposite side of the issue. She noted this item had been thoroughly discussed when the Goals Study was being prepared and the end result was that the people asked that the City and State remain separate, and that the School District remain with the State control. She reported the property transfer had been under consideration for the past ten years, and asked the Council to pass the ordinance as submitted. Mrs. Ina Ruttn, I055 Island Drive, urged the Council not to authorize the transfer of the property without first giving the electorate an opportunity to express themselves at the ballot box. She noted the cost of a Special Election could be greatly reduced by consolidating precincts. She alleged that if the people did not have a chance to vote on the issue, there was every possibility no bonds, especially school bonds, would be passed in the future. Dr. G.R. McConnell, Superintendent of Schools, reported the Board of Education had fully complied with Section I5505 of the Education Code, and this had been validated by the State Education Board and County Counsel. He noted that the resolution adopted by the Council at its last meeting, declaring the intent to transfer the property, had been passed by the Board of Education and the Agreement had been signed by both parties and was now a binding agreement between the City and the Board of EduCotiOn. Pn a call for the question, the motion carried on the following roll call vote. Ayes: FiVe, Noes: None. Absent: None, BILLS: 29. An itemized List of Claims aqDinSt the City of Alameda and the departments thereof in the amount of S45"I33,18, 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 April 20, 1976, and presented to the City Council at this meeting, be allowed and paid, The motion was seconded hy Councilman Hurwitz and on voice vote carried unanimously. OPAL CPMMUNICATIOmS, GENERAL: 30' Mr. Joseph Sullivan, 3221 Liberty Avenue, commented on action taken with regard to the Planned Development ordinance. 31. Mr. Joseph Sisson, 221 Santa Clara Avenue, expressed the opinion that many items on which the Council had taken action had been pre-judged prior to the meeting. 32. President Corica requested that the Council consider at the meeting of May 4, I976 placing limits on the number of persons to be permitted to speak on an agenda item, and a time limit. FILING: 33. Lease between City and County - re 2226 Santa Clara Avenue. ADJOURNMENT: 34. There beina no further business to come before the meeting, the Council adjourned at 1:00 o'clock a.m. to assemble in regular session on Tuesday, May 4, I976, at 7:30 o'clock p.m. Respectfully submitted, City Clerk