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1973-08-07 Regular CC MinutesThe The Pledge Invocation Church, REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY-------7--7----7=---------AUGUST 7, 1973 meeting convened at 7:30 o'clock p.m. with President La Croix presiding. of Allegiance was led by Councilman Beckam and was followed by an delivered by the Reverend John H. Hammel Pastor of St. Barnabas Catholic ROLL CALL: The roll was called and Councilmen Beckam, Corica, Hurwitz, McCall and President La Croix, Jr., (5), were noted present. Absent: None. MINUTES: 1. The minutes of the special meeting held July 16, and regular meeting held July 17, 1973, were approved as transcribed. 2. Councilman Beckam introduced and welcomed Mr. Francois Chic, age 19, and Mr. Thierry Couderc, age 16, visitors from France who have been residing for a month with Councilman and Mrs. Beckam. 3. At the request of Mr. Joseph P. Sullivan, President La Croix read an announce- ment inviting citizens to attend a meeting scheduled on Wednesday, August 15, 1973, at 7:30 o'clock p.m., for discussion of tax assessment policies. WRITTEN COMMUNICATIONS: 4. From Mrs. Suzanne Vails, 2030 San Jose Avenue, requesting permission to address the Council at the regular meeting of August 21, on behalf of The Cabaret Theatre. The President stated the Council would hear the presentation at the requested time, but asked that it be limited to the location of the Theatre and the purpose for which it had been fo ned. 5. From Doric Development, Inc., signed by Mr. Italo A. Calpestri, III, Project Manager, reporting completion of public improvements in connection with Tract No. 3330, requesting acceptance and release of performance bond. (Central West Condominiums - 1519 Central Avenue and 1401 Cottage Street) Councilman Beckam moved the improvements in connection with said Tract No. 3330 be accepted and the subdivider released from his bond. Councilman Hurwitz seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 6. From the following, requesting expansion of Pound facilities: Mrs. Ann Costello, 1411 Sixth Street; Mrs. B. Clinkenbeard; Mrs. Irene G. Wethern 3048 Thompson Avenue; Mrs. Nina L. Franck, 608 Grand Street; and Mrs. Carmen Lasar, 612 Water View Isle. President La Croix reported the matter had been under consideration for the past several months and provisions had been made in the current budget in anticipation of necessary changes. Councilman Beck.0 stated a report was forthcoming from the City Manager as to the feasibility of a registration program for all canines in the City. The communications were referred to the file to be included in the overall consideration of the subject. 7. From Mr. and Mrs. James Smart, 3126 La Campania, expressing concern regarding possible purchase of acreage on Bay Farm Island by the Port of Oakland. The President said a meeting would be held on August 8, between members of the Council, the Board of Directors of the Port of Oakland, and the Airport Land Use Coutdssion. The letter was accepted and referred to the file. 8. From Mrs. Arlette Stella Poland, 1129 Via Alamosa, regarding development of Bay Farm Island. The communication was referred to the file. 9. , From The Honorable Fred F. Cooper, Supervisor Third District, with regard to County policy on property assessment in the east end of Alameda. Supervisor Cooper was thanked for his concern and attention to the matter. 10. From Alameda Police Association, signed by Mr. Pat Garrett, Co-Chairman, Wage Committee, requesting permission to make presentation. President La Croix stated Officer Garrett would be recognized following "Ordinances for Passage", which were being taken out of agenda order this evening in deference to Councilman McCall who, as a candidate for Assemblyman of the Fourteenth District wished to leave the meeting at an early hour to follow the election returns. There being no objections, the meeting proceeded to "Ordinances for Passage". ORDINANCES FOR PASSAGE: 11. "Ordinance No. 1696, New Series Amending the Alameda Municipal Code by Adding Article 2 to Chapter 3, Title II, Thereto, Con- sisting of Sections 2-321 Through 2-324, Establish- ing Golf Co ission and Prescribing Membership and Duties of Said Commission." Following discussion, it was determined the terms of the members of the Golf Couuission would begin on October 1, 1973. The Clerk was instructed to inert this date in the body of the Ordinance. Councilman Corica moved the ordinance be passed as submitted. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five, Noes: None. Absent: None. 12. "Ordinance No. 1697, New Series An Ordinance Amending Certain Portions of the Al eda Municipal Code Relating to Traffic Regulations." Councilman Beckam moved the ordinance be passed as submitted. The motion 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. WRITTEN CO ICATIONS: 13. , From Alameda Police Association, signed by Mr. Pat Garrett, Co-Chairman, Wage Committee, requesting pe�tission to make presentation. Officer Garrett introduced Officer No uan Lynds, a member of the Al.seda Police Association negotiating team. Officer Lynds presented the position of the Association, stating tentative agreement had been reached with the City negotiator on many items, including a salary increase of 5(/:) and the approximate total amount of the package, but that an impasse had been reached and they desired a determination by the Council as to their right to determine fringe benefits in areas which were felt to be of most value to the members of the Police Department. He stated the principal item in question was that of longevity pay and its subsequent pension implications. Officer Lynds said the implementation of a longevity program would be an incentive for younger well-qualified officers to remain and would also compensate older officers in their later years with the Department. Officer Wayne Lehman submitted a petition bearing the signatures of n uerous business- men, merchants and residents of Alameda in support of the Association's position. Mr. Robert W. Garner, International Representative of the Laborer's International Union of North America, stated the Association was willing to submit to final and binding arbitration; that the longevity fringe benefit would cost 1.8 this year, on which point both sides had agreed, but the disagreement was with potential future costs of this benefit, suggesting this could be taken into consideration and adjusted at the time negotiations were entered into for coming years. President La Croix pointed out the 1.8 increase in longevity pay would also carry a 7.52, increase in the pension plan; that the City presently paid approximately $1,000,000 a year into this plan. There was general discussion, with input from both members of the Council and Association representatives, as to presenting the matter to fact-finding with recommendations, and the questions to be submitted. It was agreed the only items under dispute were those of longevity pay and unused sick leave; that the salary increase of 5T,, and the total cost of the fringe package of 3.3,' had been agreed upon. All parties indicated their willingness to abide by the recommendations of the fact-finder. Assistant City Manager Goss commented on the specific issues and the Association's contention of the right of choice to apply percentages of agreed upon increases to fringe benefits. He stated he was not aware of any widespread practice, either in public or private sector, where employee representatives divided up available funds 150 within an agreed percentage amount unilaterally. Secondly, the trend did not exist, as it was contrary to the concept of bargaining in which all salary and fringe benefit items were worked out jointly between employee and management representatives. Mr. Goss said the City had a legitimate interest in what the content of fringe benefits would be, as some would increase yearly while others would carry pension implications or were difficult to administer. He recommended the issue of dispute, namely, longevity pay, be taken to arbitration for a determination as to what the fringe package would consist of, either with or without longevity pay. Mr. Garner stated the Association would like to submit to fact-finding the issue of whether the Association could determine how the 3.3% fringe package would be allocated or whether it had to be jointly agreed upon. Following considerable discussion, Councilman McCall moved to submit to fact-finding with public recouuendations the issues of longevity and whether or not the Association had the right unilaterally to determine benefits within the fringe package of 3.3%; the cost of fact-finding to be shared equally by the City and the Al eda Police Association. The motion was seconded by Councilman Beckam and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. A ten-minute recess was called, at which time Councilman McCall was excused from the meeting. Upon reconvening, the meeting proceeded with the regular order of business. HEARINGS: 14. In the Matter of the Vacation of Four Unused Public Service Easements (Tract 3069 and Parcel Map 771 Shorepoint Court Facilities). The Clerk stated the Affidavit of Publication of the Resolution of Intention was on file setting this time and place for Hearing. The City Attorney explained the issue was to determine whether the easements were unnecessary for present or prospective public use and whether such vacation was in the public interest. Assistant City Engineer Lee Eichelberger described the easements and stated the City Engineer had made affirmative findings in the matter. On the call for proponents or opponents, no one appeared. The Hearing was declared closed. ollowing discussion, and there being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: The following resolution was introduced by Councilman Beckam adoption: "Resolution No. 8099 moved its Ordering Vacation of Four Unused Public Service Easements (Tract 3069 and Parcel Map 771 - Shorepoint Court Facilities)." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: None, Absent: Councilman McCall (1). The meeting returned to the regular order of business. HEARINGS: 16. In the Matter of a Petition to Rezone a 6,300 square foot parcel on Otis Drive southerly of Powell Street, from "R-3-PD", Restricted Apartment, Planned Develop- ment District, to "C-2", General Business District, filed by Wayne and Brenda Cowen. The Clerk stated the Affidavit of Publication of the Notice of Hearing was on file and all interested parties had been notified; that received prior to this meeting was a couuuriicat±on signed by Mrs. J. A. Williams in support of the petition. Assistant Planning Director Robert Venable reported the zone application had been filed with the intent to erect a small building on the northerly side of Otis Drive at the easterly end of a lagoon to house a flower and plant nursery. He stated the property belonged to the West Lagoon Homeowners Association and was unimproved, being a remnant part of an area lying between Otis Drive, Powell Street and the lagoon. Mr. Venable recalled previous attempts to develop the small parcel of land with various types of uses without success, further stating a prior request to rezone the northwest corner of Park Street and Otis Drive to "C-2" had been denied. He said the Environmental Assessment Committee had found the present rezoning request could have a possible affect on the environment and had returned the proposal to the Planning Board for such a determination; had an affirmative recommendation been made by the Planning Board, an EIR would have been requested. He asked that the Council make the determination of the environmental effect and should there be such effect, a draft EIR should be requested of the applicant and the rezoning application post- poned, until the report had been received. That should a determination be made that no effect existed, then the rezoning action should proceed. He stated there appeared to be ample "C-2" zoning within the area which should accommodate the proposed use. Mr. Venable called attention to zoning and pictorial exhibits which had been posted. He reported the Planning Board had recommended denial of the petition. On question, Mr. Venable stated staff felt the traffic which would be generated from this activity would probably not have any significant effect and elaborated on available parking facilities. City Attorney Cunningham stated the issues before the Council were whether or not the advisory report of the Planning Board and its findings should be sustained, modified or disapproved; and whether or not the proposed rezoning to a commercial use would have an impact on the environment in the area. On the call for proponents to the position taken by the Planning Board, Mr. Kirk Johnson, 838 Laurel Street, presented a petition signed by 65 residents of the area in opposition to the proposed rezoning. He expressed his concern with traffic flow stating there were approximately 35 to 50 children living in the immediate neighbor- hood who used this property as a play area. He said he did not oppose the flower shop if traffic could be curbed, but stated he felt this would establish a precedent to rezone other properties in the vicinity for commercial use. Mrs. Sonya Shelmadine, 835 Laurel Street, requested a vote for denial of thapetition, citing the availability of other commercially zoned properties throughout the City which would accommodate this business venture. She also expressed her concern with the potential traffic which such a business might bring into the neighborhood. Mrs. Shelmadine suggested a dedication of the lagoon site to the City, to be transformed into a planted area for non-commercial use and enjoyment by the citizens. Mr. Paul Ekstrom, 1826 Clinton Avenue, complained of traffic at the corner of Park Street and Otis Drive. On the call for opponents, Mr. Bernard Klevens stated he and his partner, Mr. Robert Duncan Nicol, were the architects representing the petitioners in the project. He recited the present successful businesses operated by Mr. and Mrs. Cowen within the community. Mr. Klevens noted the property under consideration was in a run-down condition and would be greatly enhanced if petitioners were allowed to proceed with their plans. He described in detail the building which would be constructed and the landscaping proposed in conjunction with the business. He stated the lot was impractical for residential development because of its shape, the sewer easement and the necessity to gain access into the lagoon in case of emergency. Mr. Klevens requested that the property be rezoned to a "C-2-PD" classification in order that any future use of the lot would have to go before the Planning Board and City Council for approval; also that an EIR be made and they be granted a continuance for this purpose. Mr. Vernon Pecchenino, 618 Sandhood Isle, President of the West Lagoon Association, stated their Board of Directors preferred to lease the property rather than sell it, as in that way they could control the type of development at the site. He said they had agreed to lease the area to Mr. and Mrs. Cowen as they felt the flower shop would be in harmony with the neighborhood. Mr. August Wiemken and Mr. Joseph Barker, Board Members of the Association, stated there was very little vehicular traffic in the vicinity and ample parking available on Otis Drive. Mr. Barker reported on a parking study he had conducted which bore out this conclusion. The Hearing was declared closed. After a lengthy discussion, Councilman Hurwitz moved the Hearing be continued and the Planning Board be advised the City Council had found an Environmental Impact Report desirable as to the effects of a "C-2-PD", General Business, Planned Develop- ment District, rezoning of the property. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes; Four. Noes: None. Absent: Councilman McCall, (1). The petitioners were directed to prepare and submit a draft EIR to the City Plan- ning Board for Public Hearing, with an ultimate final EIR to be submitted to the City Council, at which time this Hearing would be concluded. REPORTS AND RECOMMENDATIONS: 17. From the Acting City Manager, reporting all work satisfactorily completed on the project of Resurfacing and Reconstruction of Various Streets recommending it be accepted and Notice of Completion be ordered filed. Councilman Corica moved the recommendation be accepted, that all work on the desig- nated project be accepted as satisfactorily completed and the Notice of Completion be filed. The motion was seconded by Councilman Hurwitz and carried on the follow- ing roll call vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1). 18. From the Acting City Manager, recommending approval of Final Map for condominium subdivision known as Tract No. 3512. (950-960 Shorepoint Court - Jack Filinick, Subdivider) There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 19. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8100 Approving Final Map of Condominium Subdivision Known as Tract 3512 (950-960 Shorepoint Court - Jack Filinick, Subdivider)." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1). The meeting reverted to the regular order of business. REPORTS AND RECOMMENDATIONS: 20.v From the Assistant City Manager and Auditor, submitting report on Count of Moneys held May 16, 1973, indicating sum of $10,941,811.75 in City Treasury at that time. Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Corica and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1). 21. From the Public Utilities Board, signed by Mr. L. F, Randa mitting copies of Annual Budget and Dividend Resolution. President La Croix complimented the Public Utilities Board and transferring funds totaling $900,000 to the General Fund. Councilman Beckam moved the report be accepted. The motion was seconded by Council- man Hurwitz and carried by the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman McCall (1). Secretary, trans- Mr. Randall for UNFINISHED BUSINESS: 22. Councilman Beckam referred to the list of pending items dated April 9, 1973 and asked that the list be updated showing not only the item but the referral date on which each item had been directed to a City department, agency, or individual. He requested this be returned to the Council at the earliest possible date so priorities could be set and action taken. The City Manager was directed to comply with this request. 23. President La Croix called attention to the inadvertent discontinuance of the W.A.Y. (Work for Alameda Youth) Program by the Alameda Unified School District. He stated he had spoken this date to Mr. Clarence Kline, School District Administrator, who had reported the program could be reactivated almost iuiuediately with an expendi- ture of approximately $1,000. The President said a meeting would be set up between himself, the School District and the Chamber of Commerce to look into ways of re- establishing the program and he would report back to the Council with their findings. NEW BUSINESS: 24. Councilman Beckam commented on the provisions of Ordinance No. 1627, New Series, as repealed by Ordinance No. 1688, New Series, which established a tax upon construc- tion of residential dwelling units and provided for the collection and use of such tax. He reported the Condominium Conversion Report to the Planning Board stated condominium conversions could be included in the collection of this tax. Councilman Beckam moved that the Planning Board be authorized and directed: To consider the advisability of adopting requirements substantially similar to those contained in Ordinance No, 1627, New Series; to re-evaluate the terms of such a measure; to provide specifically for inclusion of subdivisions consisting of conver- sions of apartments to condominiums; to consider an appropriate fee schedule; and to transmit its written recommendations in ordinance form to the City Council for consideration, together with any necessary explanatory comment, all as expeditiously as possible. The motion was seconded by Councilman Corica and on roll call carried by the follow- ing vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1). 25. Councilman Beckam complained of the performance of the public address system in the Council Chamber, commenting on the static and interference from outside sources. He moved the City Manager be authorized and directed to investigate methods and costs for improvement or replacement of all or any portion of the existing audio system and to report on this matter on or before September 4, 1973. Following discussion, the motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman McCall (1). RESOLUTIONS: 26. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8101 Requesting Bank of America National Trust and Savings Association, Fiscal Agent for Off-Street Parking Revenue Bonds, to Close Trust Fund and Pay Amounts Therein to City, and Giving Noticc Thereof to Such Agent." The motion to adopt said resolution was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: None, Absent; Councilman McCall (1). 27. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8102 Amending Salary Resolution No. 8094 by Setting Salary Range for Established Position of Assistant City Attorney." Councilman Corica inquired as to the duties of an Assistant City Attorney and commented on the recent hiring of outside legal counsel. The President replied the necessity for an Assistant had been recognized for many years; that the City Attorney had been so deluged with work that he could not adequately and properly address himself to some of the real issues, such as the airport problem, Measure A2 et cetera. The City Hanager explained major problems running to special areas of the law required counsel who were expert in such matters, and the ongoing day to day legal functions of the City had increased enormously and an Assistant was required for this reason. The City Attorney reminded the Council that prior to his appointment there had been two Attorneys in office; that in the interest of the City there should be someone available to maintain the continuity. After further clarification, the motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Three. Noes: Councilman Corica, (1). Absent: Councilman McCall, (1). 28. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8103 Rejecting Claim of Martha Archuleta, et al., Against City." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes; Four. Noes: None. Absent: Councilman McCall (1). 29. The following resolution was introduced by Councilman Beckam adoption: "Resolution No. 8104 o moved its Resolution of the Council of the City of Alameda in Appreciation and Commendation of Frank A. Gottstein." President La Croix stated that Mr. Gottstein had been in regular attendance at Council meetings for more than forty years but, because of poor health, had been absent for some time. He commended Mr. Gottstein for his concern on behalf of the 154 community and read the Resolution for the edification of those in the audience, stating he would present it to Mr. Gottstein at his home. The motion to adopt said resolution was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Five, Councilman McCall having previously indicated his affirmative vote. Noes: None. Absent: None. The President declared the foregoing resolutions adopted. BILLS: 30. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of c;94,414.391 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 Corica moved the bills City Clerk on August 7, 1973, and allowed and paid. The motion was following roll call vote. Ayes: (1). as itemized in the List of Claims filed with the presented to the City Council at this meeting, be seconded by Councilman Beckam and carried on the Four. Noes: None. Absent: Councilman McCall, ORAL COMMUNICATIONS. GENERAL: 31. Mr. Joseph P. Sullivan commented on the dividend paid to the City by the Public Utilities Board and the recent rate increase imposed on the utility user. FILING: 32. Financial and Operating Report - Bureau of Electricity as of April 30, 1973 Verified by George A. Hackleman. 33. Financial and Operating Report - Bureau of Electricity as of May 31, 1973 Verified by George A. Hackleman. 34. Financial Report - City of Alameda, as at June 30, 1973. ADJOU1 35. There being no farther business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday, August 21, 1973, at 7:30 o'clock p.m. Respectfully submitted, Deputy City Clerk