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1976-05-04 Regular CC Minutes� &�� '���^77 REGULAR MEETING OF THE COUNCIL OF THE CITY OF AL4MEDA HELD TUESDAY - - - - - - - MAY 4, 1q76 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 Raymond Currie, Pastor of the First Presbyterian Church. 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 special meeting with the Housing Authority held March 24, and the renulor meeting held April 6, 1976, were approved as submitted. WRITTEN COMMUNICATIONS: 2. From Mrs. Joan M. Wilson, 2630 Otis Drive, concerning the Franklin Park and Lincoln Park swimming pool programs. The communication was referred to the Recreation Commission. President Corica reported the matter would be considered by the City Council when the current lease expired at the end of June, I976. 3. From Mr. Michael R. O'Brien II, 5960 Georqewood Lane, Jacksonville, Florida, a former student of Alameda High School requesting the building be designated as a historical landmark. President Corica reported the Historical Advisory Commission had already taken action on the matter, and suggested the communication be referred to the Board of Education, 4. From Mr. Gary Randall, 2I0I Shore Line Drive, suggesting the adoption of a City flag. President Corica reported this suggestion had previously been referred to the Bicentennial Committee, which had not pursued the idea. 5. From the Alameda Chamber of Commerce, signed by Mr. Donald N. Lindsey, President, requesting a decision relative to ti'S future use Of the former Post Office building. President Corica noted this subject had been discussed at the regular meeting held February 17, 1975. He suggested the City Manager write to the Chamber of Commerce and forward a copy of his report and a copy of the minutes of that meeting. 6. From Mr. Steve Crandell, Alameda Marine Supply, I708 Clement Street, requesting permission to use the public right of way on Grand Street for parking purposes. Mr. Crandell explained his proposed business expansion which would require additional off-street parking: He stated that in order to take advantage of available tndnCinq, it was necessary that he take steps immediately to obtain a variance which would allow the use of the public right Of way located across the street from his property for customer parking. The request was referred for review by the Traffic Advisory Committee, and Mr. Crandell was advised to contact the Planning Department for assistance with regnrd to the variance. 7. From Mr. Raymond H. Batho of Capt. Nemo's Fish Market, 2651 2lunding Avenue, requesting a prohibition of the practice of peddling fish from trucks within the City. Mr. Batho described the health hazard which might exist because fish, poultry, pork or beef products wnP being peddled from unrefrigerated truckS. He stated the City of Alameda at the present time had no ordinance prohibiting this practice, whereas surrounding communities would not allow it. Because the City did not have such an ordinance, the County Health Department did issue certificates to certain business establishments for this purpose. Mr. Batho reported the recent appearance in the City of unrefrfoerated trucks and vans from which fish was being peddled from styrofoam containers. He asked that the matter be investigated as it could create a serious health problem. The City Manager reported the City did issue a busineSSlliCen5e for this operation based on the County Health Department certificate. He said the License Bureau was aware of the names and addresses of the persons to whom the certificates were issued. He said if the City were to adopt an ordinance prohibiting this type of activity, the County Health Department would not issue the certificates. Councilman Beckam suggested Police beat officers should check on the operation. The City Manager was requested to write to the County Health Department describing the problem. Mr. Joseph Koons, 1814 Main Street, spoke in support of Mr. Batho's request. HEARINGS: 8. In the Matter of Resolution No. 8596 Declaring Intention to Crder Vacation of a Portion of Market Street northeasterly of Madison Street. The Clerk reported the Affidavit of Publication of Resolution No. 8506 was on file, and the property had been posted in accordance with the provisions of the streets and Highways Code. The hearing was declared opened. On the call for proponents, Mr. Gary Barker, 3271 Madison Street, stated he had made the initial request that this portion of Market Street abutting his property be vacated. On the call for opponents, there was no response. The hearing was declared closed. On request, City Engineer Hanna reported Mr. Barker should file a quiet title action to eliminate all challenges to ownership, He noted this street was part of a subdivision created in I368 and all of Market Street southerly had been vacated throughout the years down t3 about Calhoun Street. At the conclusion of discussion, Councilman Beckam moved the resolution be taken 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 Beckam, who moved its adoption: "Resolution No. 8514 Finding and Determining a Portion of Market Street Northeasterly of Madison Street, a Public Street in the City of Alameda, is Unnecessary for Present or Prospective Street Purposes; Ordering Vacation Thereof Subject to Reservation of Permanent Easement Therein as Described in Resolution of Intention No. 8506 Heretofore Adopted on April 6' I976; and Directing City Clerk to Cause Certified Copy of This Resolution to be Recorded." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the f0ll-owing roll call vote. Ayes: Five. Noes: None. Absent: None. The meeting returned to the regular order of business. HEARINGS: 10. In the Matter of the proposal to rezone Jackson Park, Washington Park, Woodstock Park, Buena Vista Park, Rittler Park, Krusi Park, from residential classification to the °0^, Open Space District. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. The President declared the hearing opened. On the call for proponents or Opponents, there was no resp0nse. The hearing was declared clVS2d. 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 An Ordinance Reclassifying and Rezoning Certain Property within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S." (JacksonPark) The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12. Councilman Beckam introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No, New Series An Ordinance Reclassifying and Rezoning Certain Property within the City of Alameda by Amending Zoning Ordinance No. 1277` N.S," (Washington Park) The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None. 13. Councilman Beckam introduced the following ordinance, after which it would be laid over under provision of law and the Charter: The motion was seconded hy Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 14, Councilman Hurwitz introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance NO, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending ZOOin9 Ordinance No. 1277, N,S." (Buena Vista Park) The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15. Councilman Beckam introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending 7Onfng Ordinance No. 1277, N.S." (Rittler Park) The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: Qone, Absent' None. 16. Councilman Hurwitz introduced the following ordinance, after which it would he laid over under provision of law and the Charter' "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City Of Alameda by Amending Zoning Ordinance NO, 1277, N.3." (Krusi Park) 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: 17. From the City PlanDinn Board, signed by the Secretary, reporting Board approval of a one year extension of Planned Development 74-3, Village II of the Harbor Bay Isle development. Councilman Hurwitz moved approval of the one year extenSi0n. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. 18. From the City PlanniOgBOard, signed by the Secretary, making recommendations on street name changes within the Islandia and Casitas Planned Developments. Mr. Fred Olsen, 3012 Linda Vi5ta, presented petitions sinned hy 58, home owners of the Casitas area, or 88% of the persons affected, against the change. The hearing on this matter was set for May 18, 1976, 19. From the City Manager reporting completion of the public improvements in connection with Parcel Map No. 1569, rec0mm2ndino acceptance and release of the Faithful Performance Bond. (Property located along tidal canal northerly of Clement Avenue at approximately Walnut Street - John Bentzen, Subdivider). Councilman Sherratt moved acceptance of the public improvements and release of the bond. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. 20. From the Golf Advisory Commission regarding the Driving Range. President Corica reported the City Manager's report on the matter would be forwarded to the Golf Advisory Commission. UNFINISHED BUSINESS: 21. Consideration of the following items brought up under New Business" at the regular meeting held April 20, 1975: (a) Request by President Corica regarding Council travel to Sacramento for lobbying purpose. President Corica commented on the possibility of Council members oninq in a body to SacramentDtn speak to leqisltaorS on mutters of special concern, such as the public boat ramp, beach erosion, etc. Councilman Dinment noted the question had been raised on whether it was property for the Council to go as a group as it might present a violation of the Brown Act. City Attorney Stroud reported the Brown Act merely stated that business shall not he conducted outside of a public meeting, and this would not preclude the members of the Council from traveling to Sacramento as a group and then splitting up for individual contact with various legislators. He suggested that notice be given to the public of any contemplated -Op for this purpose, 12 President Corica requested the City Manager to make the necessary appointments and arrangements in order that the members of the Council might meet with legislators and Senate Committees within tN£n9Xt several weeks, and that the press be notified for dissemination to the public. (b) Request by President Corica that the Council review goals of the Architectural Barriers Committee for consideration of adoption. President Corica reported he was in accord with the written draft of the goals, however questioned that the Secretary of the Committee should be specified as a member of the City Engineer's staff. He suggested the word "City" he eliminated. Councilman Diament moved the draft, as amended, be adopted. The motion was seconded by Councilman Beckam and on voice vote carried unanimously. (c) Request by President Corica that the Council consider placing limits on the number of persons to be permitted to speak on an agenda item, and a time limit. President Corica commented on the letter which Councilman Sherratt had prepared on the subject. He said the main concern was *itbthe fact that meetings had been running to such a late hour, and many speakers were repeating remarks which had already been presented. He suggested that discussions be limited to five minutes per person and if a special interest group were represented, that a spokesman be appointed. Councilman Sherratt stated he felt the Council should express to those making an opinion that all comments go through the Chair and not be addressed to staff memb2rI, and to address issues and eliminate personality conflicts. He suggested the President ask before a hearing how many persons wished to speak on the matter. He further sUoVeStHd that if there was an issue before the Council, those wishing to speak prepare a written outline or summary whichthe Council could review prior to the meeting. President Corica said he also felt that on written communications the writer should present his thoughts in such a manner that the letter would be self-explanatory and would not call for additional comment at the time of presentation to the Council. Councilman Hurwitz stated he agreed that material which had been distributed to the Council should not be read in full at a meeting; further he also liked knowing beforehand who would be speaking On an issue and that a spokesman would speak for special interest groups. Mrs. Ella Waterbury, 338 Beach Road, protested placing a time li0:t on speakers, and referred to her recent presentation on the issue of the Design Review Board. She said that a five-minute limitation would not have allowed sufficient time to present her opinon on the matter, and thought a speaker should be entitled to any length of time as long as he did not digress and was not repetitive. After discussion, it was the consensus of the Council that speakers would he requested to present their ideas more briefly, and meetings would be conducted according to 'Roberts Rules of Order". 22. Councilman Hurwitz requested an ordinance be prepared to change membership of the Design Review Board by eliminating the Planning Board member and including a General Building contractor. The City Attorney was requested to prepare an ordinance for consideration at the next regular meeting. NEW BUSINESS: 23. President Corica commended Police Chief Richard Young, who had been named a life members of the California Police Association; City Manager John Goss, listed in the 1976-1977 edition of "Who's Who"; City Clerk Ethel Pitt, Deputy City Clerk Celia Conger and City Treasurer Ellen Schmalenherger, pictured in an article on Alumeda/s Bicentennial participation in the "City Clerk's Newsletter". 24. President Corica requested preparation of a Charter Amendment, to be considered at the November General Election, which would make it possible to remove appointed officials and members of Board and Commissions by a majority vote of the Council, rather than a four-fifths vote. 25. Councilman Diament suggested the Council set a policy for attendance by Board and Commission members. 26. Councilman Sherratt questioned the receipt of a communication from the Times-Star soliciting City participation in the Bicentennial Edition. The City Clerk reported the letter had been received after the [lsVinn date for agenda items for this meeting, and would appear on the agenda of the May I?, 1976 meeting. Councilman Beckam noted a revised agenda had been prepared for this meeting after the closing date. He said it was his opinion if the agenda was revised to includeoneitem, it should include all items received after the closing date. He stated he believed the Council should hold to the seven- day cutoff for agenda items. President Corica ruled that all items received after the closing date previously set by the Council would be held over to the next regular meeting. RESOLUTIONS: 27. The following resolution was introduced by Councilman Beckam, who moved its adoption! "Resolution NO, 8515 Amending Salary Resolution No. 8379 by Adding One (1) Position of Junior Typist Clerk (CETA) in the Recreation Department, to be Funded Under Title VI Public Service Employment." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 28. The following resolution was introduced by Councilman Dfament, who moved its adoption: "Resolution No. 8516 Authorizing Execution of Consent to Removal by Owner of Real Estate, Relating to Municipal Golf Course Clubhouse Restaurant,' 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. 29. The following resolution was introduced by Councilman Beckam, who moved its adoption: ?Resolution No, 8517 Requesting CAncellation of County Taxes on Real Property Acquired by the City of Alameda for Municipal Purposes (Catalina Avenue)." The motion to adopt said resolution was introduced by Councilman Beckam, who moved its adoptbn: "Resolution No. 8518 Adopting Specifications for Furnishing to the City of Alameda Class 'B" Portland Cement Concrete Transit Mix for Fiscal Year I976-1977, 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, 31. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8519 Adopting Specifications, Special Provisions and Plans for Minor Street Patching with Asphalt Concrete; Repair of Portland Cement Concrete Sidewalk and Driveway; and Installation of House Ldt2nilS for the Fiscal Year Ending June 30` 1977" Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Hurwitz, and carried on the following roll Ca]] vote. Ayes: Five. Noes: AVne, Absent: None. 32. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 9520 Authorizing Execution of Amendment to Dental Care Service Agreement Bettween City and California Dental Service," The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing Resolutions adopted. ORDINANCES FOR PASSAGE: 33. "Ordinance No. I307, New Series Amending the Alameda Municipal Code by Repealing Sections II-1353 Through 1I-1358.13 and Adding New Sections 11-I353 Through 11-1358 to Title XI, Chapter I, Article 3 Therecf, Relating to Planned Develop- ment Combining District Regulations." Councilman Beckam moved the ordinance be passed as previously amended. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Threc, Noes' Councilman Diament and President Corica, (2). Absent: None. 34. "Ordinance No. I808, New Series Authorizing Execution of Lease to the County of Alameda Relating to Those Certain Premises Commonly Known and Described as 2226 Santa Clara Avenue and Terminating Previous Lease," Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Councilman Beckam and carried on the following roll callvote. Ayes: Five. Noes: None. Absent: None, 35. 'Ordinance MO. I809" New Series 35. "Ordinance No. 1809, New Series Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." Councilman Beckam r0eed the ordinance be introduced and passed as submitted. The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. RILLS: 36. An itemized List of Claims against the City of Alameda and the departments thereof ir the amount of $I70,248.73, 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 May 4, 1976, and presented to the City Council at this meeting, he allowed and paid. The motion was seconded by Councilman Diament and carried unanimously on voice vote. FILING: 37. Consent to Removal - re Municipal Golf Course Clubhouse Restaurant. 38. Specifications MS 5-76-3 - Class "B" Portland Cement Concrete Transit Mix for Fiscal Year 1976-1977. 39. Specifications PW 5-76-3 - Repair of Portland Cement Concrete Sidewalk and Driveway for Fiscal Year ending June 30, 1977. 40, Specifications PW 5-76-4 - Minor Street Patching with Asphalt Concrete for Fiscal Year ending June 30, 1977. 41. Specifications PW 5-76-5 - Installation of House Laterals for Fiscal Year ending June 30, 1977, 42. Amendment to Dental Care Service Agreement Between City and California Dental Service. 43. Councilman Sherratt moved the Council retire to executive session for a discussion of pending litigation and personnel matters. The motion was seconded by Councilman Hurwitz and carried unanimously on voice vote. After a five-minute recess, the Council reconvened in the Conference Room for its deliberations: at the conclusion of discussion, it was determined no action would be taken at this time. ADJOURNMENT: 44. There being no further business to come before this reeting, the Council adjourned at I0:30 o'clock p.m. to assemble in regular session on Tuesday, May 18, 1976, at 7:30 O'clock p.0. Respectfully submitted, ^'���/ City Clerk