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1976-06-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - - JUNE 15, 1976 The meetiOa convened at 7:30 o'clock p.m, with President Corica presiding. The Pledge of Allegiance was led by Councilman Sherratt and was followed by an Invocation delivered by the Reverend Albert Larsen, Assistant 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. MINUTES: 1. Councilman Beckam noted he would abstain from taking any action on the minutes of the regular meeting held May 18, I976, as he had not attended that meeting. Councilman Sherratt requested that the minttes of the regular meeting held June 1, 1976, be corrected under "Hearings", Item 6, paragraph 18, to indicate that Mr. William Godfrey had suggested two additional trustees be appointed to the Alameda Swimming Pool Association. The minutes of the regular meetings held May 18 and June 1, as corrected, and the special meeting held June 8, I976, were then approved as submitted. WRITTEN COMMUNICATIONS/ 2.' From Mr. John J. Barni, I438 Park Street, requesting abandonment of certain portions of Market Street abutting properties owned by Mrs, Bette Banke and Mr. Thomas P. Wood. The request was referred to the Planning and Engineering Departments for review. 3. From Mr3, Helen P. Allen, 2515-A Central Avenue, suggesting a two-hour time limit be placed on street parking in the 2500 block of Central Avenue. The matter was referred to the Traffic Advisory Committee for consideration. 4. From the Honorable Fred F. Cooper, Supervisor, Third District, transmitting copy of letter written by the Housing Authority of the City of Pleasanton to the Alameda County Planning Depdrtment, President Corica reported this letter referred to the Komandorski Village housing project in Pleasanton which was war time housing and they were experiencing problems similar to those being experienced by the City of Alameda with the Makassar Housing Project. He noted the following comparisons in rentals between the two projects: One bedroom unit, Komandorski $93 - Alameda $66; two bedroom unit, Koman- dorski $104 - Alameda $77; three bedroom unit, Komandorski S114 - Alameda $85. HEARINGS: 5. In the Matter of a proposal initiated by the Plannfnq Board to rezone from the"C-I' Neighborhood Commercial District, to the "R-1-PD", Sinale Family Planned Development District, the vacant property fronting on Otis Drive immediately east of the Standard Oil Service Station (Otis and Westline Drives). The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. Planning Director Patterson stated the request had been precipitated by an application for a Use Permit to operate a convenience store on the property, which had meet with great opposition from the residents of the area and had subsequently been withdrawn. He said the Planning Board had initially proposed a rezoning from "C-l" to »R-2", Two Family Residential District, and in the hearing process staff had recommended "R-1-PD", be approved, which the planning board now recommended unanimously. The President declared the hearing opened. On the call for proponents, Mr. John Crittendon, 624 Waterfall Isle, reported the residents of the area had made it quite clear they did not want or need additional commercial development in this vicinity; that their needs were more than adequately handled by the commercial facilities available at the South Shore Beach 8 Tennis Club, the Webster-Central shopping area, and the South Shore Shopping Center. On the call for opponents, there was no response, The hearing was declared closed. Following discussion, Councilman Sherratt moved acceptance of the recommendation of the Planning Board and approval of the proposal to rezone the property from the "C-I" Neighborhood Commercial District, to the "R-1-PD", Single Family, Planned Development District, The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five, Noes: None. Absent: None. There being no objection, themeetinq proceeded to "Introduction of Ordinances". INTRODUCTION OF ORDINANCES! 6. 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 Zoning Ordinance No. 1277, N.S." The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: F1Ye, Noes: NOn2, Absent: None, The meeting returned to the regular order of business. HEARINGS: 7- In the Matter of a proposal initiated by the Planning Board to amend certain sections of Zoning Ordinance No, 1277, New Series, relating to Uses Requiring Use P2nNits, The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. Planning Director Patterson stated the proposal was to amend certain sections of the Ordinance requiring a Use Permit in a "C-l'/, Neighborhood Commercial District, for a business which was not principally conducted in an enclosed structure. He said there had been an inconsistency in the Ordinance processed in March, 1976 covering the "C-I" and "C-2« Districts, He reported the amend- ment had been unanimously approved by the Board, The President declared the hearing opened. On the for proponents or opponents, there was no responsc. The hearing was declared closed. Councilman Diament moved adoption of the proposal, The motion was seconded by Councilman Hurwitz and carried on the following roll call VVte, Ayes: FiY2, Noes: None. Absent! None. There being no objection, the meeting proceeded to "Introduction of Ordinances" and "Ordinances for Passage". INTRODUCTION OF ORDINANCES: 8. Councilman Beckam introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No, New Series Amending the Alameda Municipal Code by Amending Section I1-133I Relating to Conditional Use Permits in C-1 Zones," The motion was seconded by Councilman Sherratt and carried on the following roll ca]] vote. Ayes: Five. Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 9. "Ordinance No. 1817, New Series A0endine the Alameda Municipal Code by Amending Section 1I-133I Relating to Conditional Use Permits in C-1 Zones." (Emergency Ordinance) Councilman Beckam moved the ordinance be introduced and passed as Submitt8d. 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. HEARINGS: 10. In the matter of the Planned Use Report for Entitlement Period 7 of the Revenue Sharing Program. On request, the City Manager explained the Federal Government required the submission of a General Revenue Sharing Planned Use Report for the last entitlement period covering July 1 through December 3I° 1976. He stated the report must be filed before June 25, 1976, and required approval of the state- ment indicating the City's plans for spending the estimated t240,I37 to be received during the next six months. He recommended these funds be allocated to support police operations. The President declared the hearing opened. On the call for proponents or opponents, there was no response. The hearing was declared closed. Councilman Sherratt moved acceptance of the report and approval of the recommpndatiOn. The motion was seconded by Councilman Beckam and carried unanimously on voice Vote, REPORTS AND RECOMMENDATIONS: 11. From the City Manager recommending contract be awarded to Alameda Times-Star for publication of legal advertising during the fiscal year 1976-77 at prices of $4.80 per column inch for the first insertion and $4.40 for subsequent insertions. Councilman Hurwitz moved approval of the recommendation and award of the contract. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. I2.' From the City Manager recommending contract be awarded to American Building Maintenance Company lowest and best bidder, for Janitorial Service in the City Hall for the fiscal year I976-77. Councilman Sherratt moved the contract be awarded as recommended. The motion was seconded by Council- man Diament and carried unanimously on voice vote. 13, From the City Manager reporting completion of public improvements in connection with Parcel Map No. 1648, recommending acceptance and release of the Faithful Performance BOnd, Councilman Hurwitz moved the public improvements be accepted and the bond released. The motion was seconded by Councilman Sherratt and on voice vote carried unanimously. 14. From the Assistant City Manager submitting a proposal for a Feasibility Study and Analytical Services for Self-Insured Worker's Compensation, President Corica reported the City's premiums for insurance had soared over the past several years and the Assistant City Manager was asking for a study to see whether or not the City could benefit by taking care of some of its own Worker's Compensation. Councilman Sherratt moved acceptance of the report and approval of the proposal from Mund, McLaurin & Co., for an amount not to exceed $1,500, for the purpose of providing the specified services in conjunction with a self-insured program for Worker's Compensation for the City of Alameda. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. 15. From the Planning Board, signed by the Secretary, making recommendation on Parcel Map No. I907, filed by Jones-Tillson & Associates for South Shore Center, Inc' (Division of approximately one-acre parcel located on Shore Line Drive between Willow and Park Streets from the bulk of the South Shore Shopping Center.) Councilman Beckam moved approval of the Parcel Map subject to the requirements of the City Engineer's report dated April 29, 1976, The motion was seconded by Councilman Diament. On the advice of the City Attorney that the Council, under provision of the Subdivision Map Act, adopt findings that the Parcel Map complied with the requirements of the Subdivision Ordinance and was consistent with the General Plan, Councilman Sherratt, with the consent of Councilman Beckam and Diament, moved the motion be so amended. The motion was amended, and carried unanimously on voice vote' There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 16. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8532 Approving Parcel Map No. I907 for Division of Parcel 4 of Parcel Map No. 1445, Alameda, California, and Permitting Recording Thereof (South Shore Center, Inc.), The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: FiYe, Noes: None. Absent: None. 17, The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8533 Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Parcel Map No, I907 and Approving Faithful Performance Bond as to Sufficiency (Division of Par[e] 4 of Parcel Map No. 1445 - South Shore Center, Inc.)." 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 meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 18. From the City Manager regarding application for partial funding from the State Department of Navigation and Ocean Development for a boat ramp behind Encinal High School. President Corica explained that without the cooperation of the Naval Air Station, he doubted the project would have reached this point, as that body had agreed to make available an existing road and about two to three acres of land for parking, City Engineer Hanna, utilizing a posted map of the area, explained the plan which would ultimately result in the access roadway, a parking area, boat ramp, and fishing facilities from the breakwater. He reported that when completed this would be a state project to be operated by the City. Councilman Sherratt moved acceptance of the report and approval of the upplicntion. The motion was seconded by Councilman Diament and carried unanimously on voice vote. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 19. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8534 Making Application for a Launching Facility Grant from the Department of Navigation and Ocean Development." 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 meeting returned to the regular order of business, UNFINISHED BUSINESS: 20. Consideration of the following items brought up under "New Business" at the regular meeting held June 1, 1976: (a) Request by Councilman Diament for a discussion of appointments to the Disaster Council. Councilman Diament stated she had discussed this matter with the Assistant City Manager, who had informed her he would be unable to provide staff time to this item until some time after July 1, due to other commitments. On request, the Assistant City Manager stated the Committee, as called for in the ordinance, was essentially an Advisory Council to the Mayor and City Council and the Mayor had the prerogative to appoint members to the Committee with the advice and consent of the City Council, He said the ordinance indicated those appointees should be from cooperating agencies in the Disaster Plan, and these would be agencies other than City-operating departments such as utilities, communications, Red Cross, etc., which would be called into service during a disaster. Councilman Diament noted that only two copies of the Disaster Plan were available, those being the Ones on file with the City Manager and the City Clerk. She asked that additional copies be obtained, She reported August 27, 1976 was the date now set for a mock disaster in the area and requested the matter be brought up again the early part of July. She was asked to prepare an out- line setting forth her ideas. (b) Request from Councilman Sherratt for an appraisal of the Rosewood Way property acquired from the Alameda Unified School District, and cost. City Manager Goss stated he was awaiting additional information on the matter, and requested this item be continued to the next regular meeting of July 6, 1976, It was so ordered. 21. Consideration of appointment to ACTEB Governing Board member. Councilman Beckam reported he had served on the Board for the past two and one-quarter years and was desirous of stepping down due to other commitments. He said it was important for the City to be represented because of its involvement with CETA funding and the ACAP portion would soon bring social service money to the City. Following discussion, Councilman Sherratt stated he would talk further with Councilman Beckam concerning the matter. NEW BUSINESS: 22. President Corica announced a letter condolence had been sent to Yuba City at the time of the recent bus tragedy, and read their reply. A ten-minute recess was Call8d. Upon reconvening, the meeting continued with the regular order of busiDess. RESOLUTIONS: 23. "Resolution No. 8535 Adopting Specifications, Special Provisions and Plans for the Construction Of the Access Road to Lincoln School, Calling for Bids and Directing City Clerk to Advertise Same." On request, the City Engineer explained the routing and specifications of the proposed 60foot road to Lincoln School from Encinal Avenue to Washington Street, commencing at the southerly terminus of the now existing 88-foot Fernside Boulevard. He explained the cost would be borne proportionately by the City, the Alameda Unified School District, and affected property Owner3. Councilman Beckam recalled a public hearing had been held in February. ]975` on the extension of Fernside Boulevard, which resulted in a motion to send the extension back to the Planning Board for a full hearing and the writing of an environmental impact report. He noted this had not as yet been done and was presently in the process of being considered in the Land Use and Transportation Element of the General PlaD, He said it was his OpidbO that the construction of the road would essentially be doing the same thing as a Fernside Boulevard extension, which would negate the previous action taken by the Council and without the benefit of an environmental impact report and further, without benefit or opportunity of the people affected by such a Plan, for bypass or semi- extension of Fernside Boulevard to provide their input or reaction to such a project. Further, he said, the approvals going on on Bay Farm Island at the present time involving MKGK and Voorheis as the consultants doing the new Land Use Element for the City, of which the Harbor Bay Project would be a large portion, he moved the matter be referred to the Planning Board for their review. The motion died for lack of a second. President Corica noted Lincoln School was just about completed and there was no access road; the School District could construct a 30-foot wide road if it so desired without benefit of Council action. He said it was his opinion any delay in constructing as suitable access road would result in a higher cost at a later date, and he would recommend the project commence as soon as p0S3ible. Councilman Sherratt asked if the School District had gone to bid for their portion of the road. City Engineer Hanna reported the City was going to advertise the complete project and handle the construction for the School District, He recalled the Council had previously voted favorably on the recommendations regarding this matter, with Councilman Beckam being absent, and one of the items provided that the School District also agreed to the conditions and were subsequently approved by them, and on that basis the Engineering Department had proceeded with the specifications. He stated the project had been discussed in the environmental impact report covering the Lincoln School site. At the conclusion of discussion, Councilman Hurwitz introduced the resolution and moved its adoption. The motion was seconded by COUncilmar Sherratt and carried on the following roll call vote. Ayes: Four. Noes: Councilman Beckam, (1). Absent: None. 24. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8536 Rejecting Claims of Richard Grim and Shelly Grim Against City.' The motion to adopt said resolution was seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Five. Noes: None. ARSent' None, 25. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No, 8537 Authorizing Execution of Agreement with Providence Veterinary Hospital for Emergency Treatment of Injured or Sick Animals Whose Owners are Unknown (Normal Working Hours)." The motion to adopt said resolution was seconded by Councilman Sherratt, and carriedon the following roll call vote. Ayes: Five. Noes: None. Absent. None. 26. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution NO. 8538 Authorizing Execution of Agreement with Providence Veterinary Hospital for Emergency Treatment of Injured or Sick Animals Whose Owners are Unknown (After Normal Working Hours, Weekends and Holidays)." 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. 27. "Resolution NO. 8539 Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expenses," Councilman Beckam asked if there was a maximum amount on the actual expense incurred per diem, The City Manager replied it was based on the actual expense, and controlled by the budgeted amount provided for each particular trip. Councilman Beckam stated that some time ago he had suggested to the City Manager that on trips out of town the budget show the total amount for the year but that individual trips come to the Council for approval as the year progressed. He noted that some trips were reimbursed by the State. The City Manager reported P.0.S`T, did reimburse the City for 100% of travel and other costs related to training and even up to 40%, this coming year, of the Police Officer's SdlEr« when assigned to particular conferences. Councilman Hurwitz suggested the City Auditor asterisk on the check register travel expenses accrued by the City which were not reimbursable from other agencies. Following discussion, Councilman Sherratt introduced the resolution and moved its adoption. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 28. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8540 Authorizing Year-End Transfers on the Books of Account of the City of Alameda." 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. 29. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8541 Authorizing Execution of a Contract for Services of a Certified Public Accountant for the Fiscal Year I975-I977.' The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: NnDe, 30. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8542 Amending Resolution N0. 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, 1976; and Directing City Clerk to Cause Certified Copy cf this Resolution to he Recorded," The motion to adopt said resolution was seconded by Councilman Sherratt, and carried on the following roll call vote Ayes: Five. Noes, NOn2, Absent: NOne, 31. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution MO, 8543 Amending Certain Portions of the City's Application for HCDA Funds.' The motion to adopt said resolution was seconded by Councilman Did02nt, and carried On the following roll call vote. Ayes: Five. Noes! None. Absent. None. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 32. "Ordinance No. New Series Authorizing the Execution of a Lease Agreement by and Between the City Of Alameda, as Lessor, and the Alameda Swimming Pool Association, as Lessee, of Certain City-Owned Lands (Portions of Franklin Park and Lincoln Park)." President Corica noted this matter had been discussed at the last regular meeting of the Council, at which time it had been referred to a negotiation team consisting of himself, the City Manager, City Attorney, and the two Trustees of the Association, He reported a meeting had been held and agreement reached on all cf the items recommended by the Council except the one item of rent for the lease period. He said they had talked about an addition to the board of trustees and had agreed that members of the Association should be represented as additional Trustees; that Mrs. June Orr and Mr, Mark Happ had been so selected. He stated a draft agreement had been drawn up by the City Attorney and distributed to the members of the Council just prior to this evening's meeting. Councilmen Hurwitz stated he would be reluctant to approve the agreement without the opportunity to read it through. Also, he said, there were other points which he would like to see examined, namely, (1) before any agreement was reached he would like to see some agreement on the monthly rental; (2) he understood the City Engineer had examined the pools and made a report, which he had foOt seen, and he would like to see the maintenance or repairs that may be necessary performed before the agreement was signed, or within a short time thereafter; (3) that pool scheduling should he published publicly, including recreational uses and training; and (4) that any grievances such as not allowing anybody to joint the Association should not be left up to the City Manager to resolve but should be reviewed either by the Recreation Commission or the City Council. After discussion, Councilman Sherratt moved the matter he held over, to be considered under "Unfinished Business", at the special meeting scheduled for June 22, 1976, The motion was seconded by Councilman Beckam and carried unanimously on voice vote. ORDINANCES FOR PASSAGE: 33. "Ordinance Nn. 1818, New Series Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations," Councilman Beckam moved the ordinance be introduced and passed as submitted. The motion was seconded by Councilman Hurwitz and carried on the following r0]] call vote. Ayes: Five. Noes: None. Absent: None. BILLS: 34. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $198,232.23 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 June 15, I976, and presented to the City Council at this meeting be allowdd and paid. The motion was seconded by Councilman Dinment and carried unanimously on voice vote. ORAL COMMUNICATIONS, GENERAL: 35, Mr. Joseph Sullivan, 3221 Liberty Avenue, suggested consideration of a Charter amendment to provide for the election of two Councilmen per Municipal Election, rather than the present provision for the election of three Councilmen at one election and one Councilman and one Mayor at the next. 36. Mr. Charles Tillman, 24I5 Roosevelt Drive, as a Board member of the Animal Rescue and Control, thanked the Council for renegotiating the veterinarian contracts. He requested information concerning the total paid under the contracts during the past year. Also, he said, he found the City was running over $3,000 behind last year's income for dog licensing and questioned why this had happened. Councilman Beckam referred to the monthly report prepared on Pound operations. He said he had asked for a report from the City Manager as to why the operation had lowered and he, too, would like to know why there was a drop in licensing, The City Manager was asked to provide the special reports prior to the special meeting of June 22, 1976^ for consideration of the Tentative Budget for fiscal year 1975-1977. 37. ` Mrs. Joy Johnson, President of Alamedans with HOPE, disputed a statement which had appeared in the Alameda Times-Star this date that Alameda had done its share in providing low-income housing, 38. Mrs. Selina Faulhaber, 1838 Ninth Street, asked what changes had been made in the City's application for HCDA funds. The Assistant City Manager explained most of the change were pertinent to the Housing Assistance Plan. 39, Mr, Clare Gould, a member of the Mayor's Committee for the Handicapped, asked that he be provided with a copy of the Lease between the City and the Alameda Swimming Pool Association when it was available. His request was approved. FILING: 40, Agreement Between Providence Veterinary Hospital e," City - Emergency Treatment of Injured or Sick Animals whose owners are unknown (Normal working hours). 41. Agreement Between Providence Veterinary Hospital and City - Emergency Treatment of Injured or Sick Animals whose Owners are Unknown (After Normal Working Hours, Weekends and Holidays). U2. Contract between George HDCklemaO and City - Services of Certified Public Accountant for Fiscal Year 1976-I977. 43. Agreement Between South Shore Center, Inc., and City - re Parcel Map No. 1907, 44, Specifications No. PW 6-76-8 - Construction of Access Road to Lincoln School. 45. Councilman Sherratt moved the Council retire to executive session for a discussion of pending litigation. The motion was seconded by Councilman Diament 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: 46. There being no further business to come before this meeting, the Council adjourned to assemble in regular session on Tuesday, July 6, 1976, at 7:30 o'clock p.m. Respectfully SUbmfttted, +'^