1973-09-04 Regular CC Minutes165
REGULAR METING OF THE COUNCIL OF THE CITY OF ALAMEDA
TO HAVE BEEN HELD TUESDAY - 7 77_7 SEPTEMBER 4, 19U
ROLL CALL:
The roll was called at 7:30 o'clock p.m. and Councilmen Beckam, Corica, Hurwitz, McCall
and President La. Croix, jr., (5) were noted absent.
ADJOURNMENT:
Due to lack of a quorum, the Clerk adjourned the meeting to an adjourned regular meeting
to be held Thursday, September 6, 1973, at 7:30 o'clock p.m. This was in accordance with
instructions of the Council at its regular meeting held August 21, 1.973.
Respectfully submitted,
Deputy City Clerk
ADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD THURSDAY 7 - SEPTEMBER 6, 1971
The meeting convened at 7:30 o'clock p.m. with President La. Croix presiding. The Pledge
of Allegiance was led by Councilman Hurwitz and was followed by an Invocation delivered by the
Reverend Earl E. Smedley, Assistant at Christ Episcopal Church Parish.
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 regular meetings held August 7 and A
as transcribed.
21, 1973, were approved
2. President La Croix introduced and welcomed former Mayor, and presently Councilman, of
the City of Richmond, Nathaniel Bates.
Councilman Bates, on behalf of the East Bay Division of the League of California Cities, cm,-
mended Councilman McCall for the leadership and direction. he had provided as a Director of the
East Bay Division. He presented Councilman McCall with a plaque in appreciation of his out-
standing service.
WRITTEN COMMUNICATIONS;
3. From Concerned People of Alameda, signed by its Officers, on use of portable school-
rooms to eliminate double sessions in Alameda schools during the coming school year.
The President stated it was not within the purview of the City Council to give direction in a
matter solely within the jurisdiction of the elected Board of Education. He suggested the
Council members express their feelings on the subject, as individuals, to the members of the
Board of Education.
Councilman Corica said he was in sympathy with the desire of the organization to be heard;
that he had attended the August 14, 1973, meeting of the Board of Education and listened to the
presentation which had been made.
Councilmen Beckam and McCall voiced their concern of the problems confronting the School Dist-
rict, students and parents.
Reverend Earl E. Smedley, 360 Oleander Drive, complained of the present quality of education
and ineffectiveness of the Board of Education and Superintendent of Schools. He noted the
destruction of Porter School and demolition of Haight School, stating 1,500 children had been
assigned to double sessions and no alternatives had been proposed by the Board. He stated chil-
dren would be on the streets in the pre-dawn and after-dark hours and this was a matter of great
concern to their parents. He asked the Council to establish communications with the Superintendent
of Schools and the Board of Education to demand an immediate solution of the existing situation.
Mrs. Sonya Sheimadine, 835 Laurel Street, reiterated the statements made by Reverend Smedley.
She said their organization had requested the continuance of operational schools on the Haight
School site by means of portable buildings, and the use of other facilities, such as churches,
for an interim period.
166
President La Croix commented that he had made a suggestion to the Assistant Superintendent of
Schools regarding the possible use of Naval Reserve Center facilities to house students. He had
been informed that because of the use of the Center on weekends by Naval Reserve complements, it
was not felt the facilities could be used. He said he had also raised the subject on the necess-
ity to transport students. The President said he would be willing to meet with Superintendent
of Schools and the Chairman of the Board of Education, if the Council so desired, to discuss the
matter.
Following discussion, President La Croix and City Manager Weller were requested to set up such
a meeting as soon as possible.
Mrs. Barbara Borden, 343 Oleander Drive, stated she did, not believe the use of church facilities
would be overly expensive and referred to the agreement which had been entered into with the
First Prespyterian Church. She noted other suitable church classrooms throughout the City which
might be used. Mrs. Borden commented on the contemplative purchase by the Board of Education of
the Wood property site for a new Lincoln School. She emphasized that the people wanted Lincoln
School to remain at its present location. Mrs. Borden objected to the concept of year-around
school sessions.
Mr. Prince Robinson, 1905 Chestnut Street, concurred in the statements made by previous speakers.
Councilman Beckam suggested the Police Department look into the possibility of placing Crossing
Guards at key locations where double session grade school children must cross busy streets.
4. From Good Neighborhood Program of Alameda, signed by Mrs. Mary Rednour, Secretary
requesting a Council expression of approval of the program.
President La Croix lained the program, stating the Council encouraged the continuation of the
current relationship of the organization with the Police Department. He commended the effort
of the group.
Councilman Corica recognized Mr. William V. Thomas, der of the Good Neighborhood Program
who was seated in the audience.
The communication was acknowledged and referred to the file,
ORAL COMMUNICATIONS. AGENDA:
5, Mr. Herb Shelmadine, 835 Laurel Street, thanked the Council
cern regarding the present school problem. He stated he would like
schools rebuilt at their present sites,
for their expression of con
to see the neighborhood
6. Mrs. Darlene Banda, 919 Delmar Avenue, asked to speak under "Introduction of Ordinances:,
Item No. 1,
7, Mr. Benjamin Mallia, 1121 Otis Drive, spoke concerning the school situation.
HE
fl.
In the Matter of a Petition to rezone property owned by the City of Alameda under the
agency of the Bureau of Electricity, known as 920 Park Street, from "R-1", One-Family Residence
District, and "R-4", Neighborhood Apartment District, to "R-6", Hotel Apartment District, or lesser.
From the Planning Board, signed by Mr. Robert L. Venable, Assistant Secretary, reporting
on final Environmental Impact Report.
The Clerk stated there was on hand the Affidavit of Publication that this would be the time and
place for the Hearing on the matter and the minutes of the Planning Board meeting at which the
proposal was considered had been sent to the Councilmen.
Mr. Robert Venable, Assistant Planning Director, reported that early in 1972, the City Planning
Board had held a Hearing to determine the highest and best use of the property and it had been
determined the most appropriate use would be that of a senior citizen low-eost housing complex.
That in July 1973, the City Planning Board, on its own initiative and at the request of a member
of the Alameda Housing Authority, considered a zone change of the property. The Planning Board,
after Nearing, unanimously recommended the approval of the zone change to "R-6-PD", Hotel Apart-
ment, Planned Development District, which would limit the number of units to be developed to
sixty-five. He stated that at the present time no site plans were available, the Housing Authority
having indicated they would await a decision on the rezoning before expending funds to develop plans.
City Attorney Cunningham stated the issue before the Council was whether the findings and recom-
mendations of the Planning Board and its advisory report, based upon Section 11-175 of the Municipal
Code, should be sustained, modified or overruled. He reported the sale of the property had
previously been authorized, by Council action, to the Housing Authority and upon receipt of the
plans of the development the Deed would be drawn, limiting the use of the property to those plans
and particular usage and containing a reversionary clause.
On the call for proponents, there was no response, nor on the call for opponents. The Hearing was
declared closed.
Councilman Corica moved the recommendation of the Planning Board and the final Environmental
Impact Report be accepted and the subject parcel be rezoned from the "R-1" and "R-4" Districts
to the "R-6-PD" District. The motion was seconded by Councilman Hurwitz and on roll call c
carried unanimously.
There being no objections, the meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
9. 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, New Series." ("R-1"
and "R-4" to "R-6-PD" - 920 Park Street)
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.
HEARINGS:
10. i In the Matter of a Petition to rezone property known as 722 Central Avenue, from "R-5,
General Apartment District, to "C-2", Central Business District, filed by Messrs. Kellner and Scott.
The Clerk stated there was on hand the Affidavit of Publication that this would be the time and
place for the Hearing on the matter, all interested parties had been notified, and the minutes
of the Planning Board meeting at which the proposal was considered had been sent to the Councilmen.
President La Croix reported the applicants had requested the matter be withdrawn from further
consideration.
REPORTS AND RECOMMENDATIONS:
11. From the Auditor-Assessor, requesting refund of taxes erroneously levied and paid.
Councilman Hurwitz moved the report be accepted. Councilman McCall seconded the motion which on
roll call carried by the following vote. Ayes: Five. Noes: None, Absent: None. The matter
was referred to "Resolutions".
12. ' From the City Planning Board, signed by Assistant Planning Director, making recommen-
dation on Tentative Map for Tract No. 3526, a proposed condominium conversion subdivision of a
14-unit apartment building under construction at 2040 Santa Clara Avenue, filed by Arlo Nish.
On question, City Engineer Hanna stated the Tentative Map met with all requirements of the
Engineering Department.
Councilman McCall moved the recommendation be adopted and the Tentative Map for said Tract be
approved, subject to the requirements of the City Engineers Report dated August 9, 1973, and the
exception, as requested, for lot area and widths. The motion was seconded by Councilman Hurwitz
and on roll call carried unanimously.
Councilman Beckam asked when the report on the Condominium Conversion study would be available.
Assistant Planning Director Venable replied it should be completed and ready for distribution
approximately September 12.
13. , From the City Manager, reporting all work satisfactorily completed on the project of
Resurfacing Maitland Drive from County Road to Melrose Avenue, recommending it be accepted and
Notice of Completion be ordered filed.
Councilman Beckam moved the recommendation be followed, that the work on the specified project
be accepted and the Notice of Completion be filed. Councilman McCall seconded the motion which
on roll call carried by the following vote. Ayes: Five. Noes: None, Absent: None.
UNFINISHED
14. Councilman Corica commented on the delay in receiving the Condominium Conversion report
and asked that some provision be made for a penalty clause in future contracts covering studies
to be made by outside sources.
15. At this time, The President recognized Deputy City Clerk Ethel Pitt, who addressed the
Council and the audience extending and invitation, on behalf of the Northern California Square
Dancers Association, that they join in the celebration of National Square Dance Week to be
held the week of September 17-23.
RESOLUTIONS:
16. The following resolution was introduced by Councilman Corica, Who moved its adoption:
"Resolution No. 8111
Establishing Initial Membership of Golf Commission."
On request, the Clerk read the names of the newly appointed members and their terms of office.
The President recognized Messrs. Harold Tebaldi and Clifford Dutrow, who were present in the
audience.
The motion to adopt said resolution was seconded by Councilman McCall and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
17. V The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 8112
Ordering Cancellation and Refund of Personal Property
Taxes Erroneously Levied and Collected."
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,
18. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8113
Affirming and Adopting Amendments to Highway Users Tax Budget."
The motion to adopt said resolution was seconded by Councilman McCall and on roll carried by the
following vote. Ayes: Five. Noes: None. Absent: None.
19. le' The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 8114
Approving and Adopting a Budget for the Fiscal Year 1973-1974;
Appropriating Certain Moneys for the Expenditures Provided in
Said Budget for Said Fiscal Year and Ratifying Certain Expendi-
tures Hertofore Made."
City Manager Weller explained the revised total, as compared with that proposed in the tentative
Budget approved in June, represented the effect of salary and benefit improvements subsequently
granted; that included was the equivalent of a 5% increase for members of the Police Department
and persons covered under the #1079 Police and Fire Pension System, but no provision had been
made to cover such additional benefits as might be agreed upon as a result of arbitration
efforts now in progress. He stated that at such time as these became known, an appropriate
revision of the Budget would be submitted for consideration. Er. Weller noted a further modi-
fication, in connection with action taken on the City-Chamber of Commerce participation in the
Alameda Times-Star "Progress Edition", and requested correction be made to increase the expendi-
ture under Community Promotion to S21,700, changing the total of the 200 series to 6979,915
and the Grand Total to *9,315,790.
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.
There was a discussion concerning the allocation of Revenue Sharing funds to achieve a balance
in the current Budget, and the major capital needs of the City.
The City Manager suggested the Council should consider and set out the long-term major capital
needs of the community and the manner in which they might be financed.
20. The following resolution was introduced by Councilman McCall who moved its adoption:
"Resolution No. 8115
Fixing the Rate and Levying a Tax on All Real and Personal
Property Within the City of Alameda for the Fiscal Year
1973-1974 and Apportioning the Same Among the Several Funds
of the City." (S2.16)
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.
President La Croix commented that the City should be proud of the fact that it had been possible
to hold the line on taxes and the rate would remain at 2.16. He commended the City Manager
and the staff for the job continually well done for the residents of the City.
The President declared the foregoing Resolutions adopted.
21. At this time, President La Croix recognized and welcomed hr. Be Holloway, Tenant Super-
visor of the Alameda Housing Authority.
INTRODUCTION OF ORDINANCES:
22. f' "Ordinance No.
New Series
Amending the Alameda Municipal Code by Amending Sections 17-583
and 17-584 Thereof, and Adding Section 17-585 Thereto, Establish-
ing Prima Facie Speed Limits Greater Than Twenty—Five Miles Per
Hour on Certain City Streets."
President La Croix stated this subject caused concern to the members of the Council who had
questioned the need and validity of such an ordinance.
Mrs . Darlene Banda expressed her anxiety as to the safety of pedestrians if speed limits were
allowed to be increased.
Chief of Police Richard Young stated the proposed ordinance came about as a result of a State law,
which became effective on March 7, 1973. This said, in effect, that unless an engineering and
traffic survey was conducted within the previous five years and indicated the prima facie speed
limit should be 25, 35, or 45 miles per hour, and justified the established speed limit, then the
use of radar could not be used as a means of enforcement. Chief Young reported such a study had
been made, by Lampman and Associates, on the streets names in the ordinance, and stated that 85%
or more, of the drivers on these streets were driving at a rate faster than the posted speed
limit. The ordinance had been prepared in keeping with the recommendations of the survey, and
the only alternative was to eliminate radar as an aid to traffic enforcement.
Councilman Beckam referred to Section 627 of the Vehicle Code defining a speed zone survey.
There was lengthy discussion questioning the need for increased speed limits on the named streets,
the definition of a "speed trap", and the preemption by the State in matters relating to traffic
and speed control.
The ordinance died for lack of introduction. The City Engineer was directed to conduct a traffic
survey on streets to be indicated by Chief Young, in order that they might be qulified under
Section 627, Vehicle Code.
ORDINANCES FOR PASSAGE:
23. "Ordinance No. 1698,
New Series
An Ordinance of the City Council of the City of Alameda
Authorizing Amendment to the Contract Between the City
Council and the Board of Administration of the California
Public Employees' Retirement System."
Councilman Beckam 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.
24. "Ordinance No. 1699,
New Series
Amending the Alameda Municipal Code by Amending Section
11-3112(B) Thereof, and Adding Section 11-3131(C) Thereto,
Relating to Time of Consideration by City Council of
Tentative and Final Subdivision Maps."
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.
BILLS:
25. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of W+9,008.681 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 as itemized in the List of Claims filed with the City Clerk
on September 6, 1973, and presented to the City Council at this meeting, be allowed and paid. The
motion was seconded by Councilman Beckam and on roll call carried by the following vote.
Ayes: Five. Noes: None. Absent: None.
17(1
ORAL COMMUNICATIONS, G
26. * Mr. James L. Nolin, 1208 Ballena Boulevard, a member of the Board of Education, stated
the Board would be happy to meet with the Mayor and City Manager for a discussion of school
problems. He asked that the Council not pre—judge the situation. Mr. Nolin spoke of the need
for school sites on Bay Farm Island for present residents and the dilemma which would be faced
should the Z'berg Bill become a State law, or the State Bureau of Schoolhouse Planning deter-
mine a hazard existed, because of the jet traffic off of Runways 21 of the Oakland international
Airport, and not permit the construction of school buildings in the area. He urged the Council
to exert every possible pressure to eliminate the use of Runways 27 by jet traffic.
Presiaent La Croix stated he had been contacted by Mr. Clarence Kline of the Alameda Unified
School District requesting consideration of a possible lawsuit against the Port of Oakland and
the Oakland Airport in connection with Runways 27. The President repeated that the Council had
taken the position that, upon the recommendation of the City Attorney and at the propitious time,
it would institute a lawsuit. He said the Council would want and expect the unanimous support
of the Alameda Unified School District in such an action, but had not, as yet, requested such
an expression from the District. He asked that Mr. Nolin convey such a message to the Board of
Education. The President reported on the final Hearing before the Alameda County Land Use
Commission, held the prior evening, and said it was hoped a decision would be reached at the
next meeting to be held in October, or no later than November. That if no decision, should be
announced by November, then consideration of a lawsuit would be actively pursued.
Councilman Corica stated he wished to go on record in favor of the commencement of a lawsuit
to curtail the operation of Runways 27.
There was discussion regarding the continued employment of Dr. Maurice A. Garbell as the City's
aviation consultant and the hiring of attorneys specializing in Aviation Law, City Attorney
Cunningham offered to contact Attorney Jerrold Fadem and discuss more specifically the direction
of the lawsuit, the specific problems involved, costs, witnesses needed, etc., and come back to
the Council with a cost and effort report. However, he stated again that he would not recommend
a lawsuit at this time.
Councilman Beckam said an affirmative action should be taken and he concurred in the City Attor-
ney's suggestion, further stating he believed the City should be joined as parties plaintiff,
by the Alameda Unified School District, the largest land owner of Bay Farm Island, and the present
residents of Bay Farm Island, possible through the various Home Owners Associations, in order to
bring every possible source into to suit. He urged that action be taken as quickly as possible
in order that the Alameda, County Land Use Commission would he informed the City would not tolerate
continued expansion of the Airport.
At the conclusion of considerable discussion, the City Attorney was authorized to provide the
Council with the names of attorneys expert in the field of Aviation Law; determine the cost of
additional counsel; obtain the opinion of such counsel concerning the possible outcome of a suit;
and, through the office of the City Manager, to address communications to Harbor Bay Isle Asso-
ciates, the Board of Education of the Alameda Unified School District, the Home Owners Associations
etc., to join with the City as parties plaintiff.
Attorney James B. Davis, of the law firm of Davis, Craig and Bartalini ll34 Ballena Boulevard,
stated their client, Harbor Bay Isle Associates, would join in the suit and would be willing to
pay half the cost of such an action.
27. Mrs. Sonya Shelmadine spoke of the need for additional Crossing Guards, particularly at
the intersection of Willow Street and Otis Drive. She was advised to address a letter on the
subject to the Board of Education.
20, Mr. Joe Taxiera, 1727 Pacific Avenue, President of the Alameda Track Club, complained of
a misunderstanding with the Recreation Department concerning the use of the Golf Course area for
their cross—country event, scheduled to be held on. September 8.
After consideration of the complaint, the Council directed that the Recreation Department allow
the event to take place along the proposed route, as outlined by hr. Taxiera.
FILING:
29. Final Budget — Fiscal Year &ding June 30, 1974.
30, Councilman McCall moved the Council retire to an executive session for discussion of
personnel matters and consideration of appointments to various Boards and Commissions. The motion
was seconded by Councilman Beckam and carried unanimously.
After a five—minute recess, the Council reconvened in the Cpnference Room of the City Hall for
its deliberations. At the conclusion of the discussion, it was determined no action would be
taken at this meeting.
ADJOUR1T MA:
31. There being no further business to come before the meeting, the Council adjourned to
assemble in regular session on Tuesday, September 18, 1973, at 7:30 o'clock p.m.
Respectfully suthiitted,,
Deputy City Clerk