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1973-11-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 20, 1973 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman McCall and was followed by an Invocation delivered by the Reverend Charles Beadle, Pastor of the Calvary Christian Center. ROLL CALL: The roll was called and Councilmen Corica, Hurwitz, McCall and President La Croix, Jr. (4), were noted present. Absent: Councilman Beckam (1). Councilman Hurwitz introduced his mother-in-law, Mrs. Alma Unger, who has been visiting his family and is a resident of New York City. WRITTEN COMMUNICATIONS: 1. 0 From the Alameda Animal Rescue and Control, Steering Committee, signed by Mrs. Carmen Lasar, submitting recommendations and requesting opportunity to address the Council. The Clerk stated, in this connection, a petition had been submitted, containing 480 signatures, requesting an Animal Control Program, and a communication had been received from Mr. Vern W. Dennen, 1926 Everett Street concerning loose dogs. President La Croix congratulated the Committee for their efforts and recognized Mrs. Lasar. Mrs. Lasar, 612 Waterview Isle, presented to the Clerk additional petitions containing 55 sig- natures. She reported the Committee had carefully studied animal problems, both locally and in other cities, and had concluded the responsibility for animal control should be placed with the pet owner. Their first recommendation was enforcement of the leash law, with patrol service at varied hours of the day and night to pick up animals running loose. Secondly, they recom- mended a tightening of the licensing law, and suggested a door-to-door canvass with notices left where residents were not at home, and a future follow-up. She noted a change in the State law, effective January 1, 1974, which would require a doubling of the license fee where an animal had not been spayed or neutered, and stated the Committee recommended a licensing fee of $6, reduced to $3 when the animal had been so altered, and a penalty of $6 when an animal was found to be unlicensed. Mrs. Lasar suggested applications for dog licenses might be handled through the mail, with the submission of the rabies and spay certificates and license fee. She commented on the increased revenue which could be obtained by a stricter application of the licensing law and stated the Committee recommended notices be mailed to all residents, possibly through the cooperation of the Bureau of Electricity, informing the public of details and date of enforcement. Mrs. Lasar said the Committee further recommended an emergency ambulance service, during the hours the Pound was closed, to pick up injured and dead animals, and a veterinarian service to care for unidentified injured animals. She elaborated further on the report which had been submitted by the Committee. President La Croix said he agreed with an increase in the license fees, which were far below those charged in other communities, and a stricter enforcement of the leash law. He questioned the necessity for a 24-hour emergency ambulance service and the statement in the report that the City would be responsible for first aid treatment to the animal if the owner could not be located. He noted there were many stray dogs in the City and said he felt payment for their care should not be imposed upon the taxpayer, and questioned whether this would be a proper use of tax dollars. He stated it had been suggested the W.A.Y. program be utilized in the canvassing program. On question, the City Attorney stated he was in the process of preparing an ordinance for Council consideration which would increase licensing fees. There followed considerable discussion regarding the suggested emergency ambulance and veter- inarian services and the possibility of contracting with the County or the S.P.C.A. for these services. It was brought out that the City, at the present time, paid a $35 per month fee to the Oakland Animal Shelter which covered the disposition of dead animals brought to it by the Pound, this including those carcasses picked up from local veterinarian offices, at no charge. Mrs. Lasar pointed out that, IL the past, any injured animal delivered to one of the local veter- inarians by either the Pound or a Police Officer was treated or put to sleep, at no cost to the City. She said the Committee felt it was wrong that a private citizen should have to pick up and pay for an unidentified injured animal. Councilman Corica stated the primary concern was to get dogs off the streets and he proposed that a stray animal, picked up by the Pound, be kept for only a 3-day period and then disposed of. Dr. Clifford S. Munns, D.V.M., 433 Whitehall Road, explained the proposal submitted by Alameda veterinarians, copies of which had been provided to the Council, and responded to questions. He further explained the services provided by the County and the S.P.C.A. and recommended against them. Mr. Hugh Tebault, 1612 Clinton Avenue, urged enforcement of the existing leash and licensing ordinances, and adoption of measures necessary to provide 24-hour emergency injured animal pickup service and first aid care. Mr. Charles Tillman, 2415 Roosevelt Drive, commented on the Committee report and recommendations. At the conclusion of discussion, the proposal was referred to the office of the City Manager for a complete study, with recommendations to be made by the City Engineer concerning problems of the Pound and by the City Attorney. 2. v From Mr. John W. Heckenlively, Attorney at Law, requesting permission to address the Council on behalf of the Bayview Estate Homeowner's Association. President La Croix reported this matter would be held over to the regularly scheduled meeting of December 4, 1973, at which time the East Bay Regional Park District would have representatives present for a full discussion regarding the control of the beaches, and the erosion and odor problems. 3. 1, From Alameda Christmas Tree Lane Homeowners, signed by Mrs. Dee Wood, regarding Christ- mas lighting of trees on 3200 block of Thompson Avenue. President La Croix stated this was a voluntary recommendation by the residents of the area, who, in their concern over the current energy crisis, had agreed to reduce, by 50% the lighting of trees on Christmas Tree Lane. The Assistant City Manager was requested to respond to the communication, indicating the Council's concurrence with the proposal. 4. V From Alameda Jaycees, signed by Mr. Robert W. Gorman, Secretary, submitting resolution of Board of Directors recommending minimizing utilization of lighting during holiday season. Mr. Thomas Rolleri, President of the Alameda Jaycees, was recognized by the President. President La Croix stated he would respond to the communication and indicate the concern of the Council regarding the consumption of energy during the present power-fuel crisis. 5. ' From Mrs. Vail Rasmussen, 117 Central Avenue, concerning the Halloween custom of house- to-house trick or treating, and suggesting alternatives. The communication was referred to the Social Service Board for study and report. 6. From Mrs. E.L. Yost, 1813 Nason Street, urging examination of action taken by the Alameda Board of Education to purchase the Wood property as a site for a new Lincoln School. President La Croix pointed out that the Board of Education was a duly elected body and the Council had no jurisdiction over its actions. He suggested the City Auditor be requested to prepare an eatimate of taxes which would be lost if the Alameda Unified School District should acquire all or part of the Wood property, the information to be supplied to the Council and the Board of Education. It was so ordered. President La Croix and Councilmen McCall and Corica expressed their opposition to the Wood property site for a school, stating they would prefer Lincoln School to remain at its present location. HEARINGS: 7. v Continued from the regular meeting of August 7, and the regular meeting of November 6, 1973, 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 Development District, to "C-2-PD", General Business, Planned Development District, filed by Wayne and Brenda Cowen. On request, the Clerk read a communication which had been received from the applicants, in which they had withdrawn their application and rezoning petition. She further stated there was on file the Affidavit of Publication of the Notice of Abandonment of the Proceedings and all interested persons had been so notified. The communication was accepted and the matter withdrawn from consideration. REPORTS AND RECOMMENDATIONS: 8. From the City Manager, recommending contract be awarded to Contra Costa Landscaping, Inc. low bidder, for the project of the installation of turf and irrigation improvements at Lincoln Park, at an estimated price of 53,222.50. Councilman Hurwitz moved acceptance of the recommendation. The motion was seconded by Council- man Corica and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 9. V From the City Planning Board, signed by the Secretary, making recommendation on Tentative Map for Tract No. 3534, a proposed 29-unit condominium subdivision at 2133 Santa Clara Avenue, filed by Rudd Gast and Associates for John Pirce, Paul Anders and Marvin Hoopaugh. On question, the City Engineer replied the Unit Dwelling Tax would be paid on this Tract before the Occupancy Permit was issued. Councilman McCall moved the recommendation of the Planning Board be adopted, that the Tentative Map for said Tract be approved, subject to the terms and conditions of the City Engineer's report dated October 25, 1973. The motion was seconded by Councilman Hurwitz and carried on the fol- lowing roll call vots. Ayes: Four. Noes: None. Absent: Councilman Beckam(1). 10. V From the Alameda Recreation Commission, signed by the Secretary, reporting on appoint- ments to the Bicycle Task Force. Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 11. / From the Alameda Recreation Commission, signed by the Secretary, transmitting preliminary plan, narrative and cost estimate for redevelopment of the present Washington Park and develop- ment of two parcels of land directly below the Park. Mr. Robert O'Maley, President, 1250 Bay Street, summarized the preliminary plan and stated con- sideration had been given to the need for a first-class baseball facility and a cultural center, to be developed in conjunction with the over-all concept of the adjoining Regional Park. He stated the Commission had been quite pleased with the fact that the Architect and the Committee had considered the problem of off-street parking and offered proposals for its solution. He commented on the public hearing which had been held on Spetember 20, 1973, and the input received from the community, particularly with reference to the relocation of the baseball field. Mr. O'Maley endorsed the concept of the preliminary plan and requested the approval of the Council. The members of the Council entered into a thorough discussion of the plan, expressing their concern with the size of the community center, relocation of the baseball diamond and tennis courts, the Eighth Street widening project, traffic, parking, drainage of Area B, and the possibility of State or Federal funding. Questions were answered by the Architect, Mr. Theodore Osmundson, and Mr. O'Maley. Also discussed was the need to develop an overall capital improvement program and the acquisition of a Northside Park and Northside Pumping Station. Councilman Corica objected tothe relocation of the baseball field and stated, in his opinion, it should remain at its present site. Councilman McCall remarked that before the Recreation Commission could investigate the possibility of funding, it would be necessary that approval be given by the Council to the preliminary plan, and changes could be adopted at a later time. Messrs. Don and Richard Sherratt of the Alameda Athletic Association requested the Council to withhold its recommendation until such time as they could present their views on the proposal. At the conclusion of discussion,Councilman Hurwitz moved approval of the proposed Washington Park Improvement preliminary plan. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Three. Noes: Councilman Corica, (1). Absent: Council- man Beckam, (1). 12. From the City Manager, reporting all work satisfactorily completed on the project of the reconstruction of Third Street from Santa Clara Avenue to Pacific Avenue, recommending it be accepted and Notice of Completion be ordered filed. Councilman Corica moved the recommendation be accepted, that all work on the designated project be accepted as satisfactorily completed and the Notice of Completion be filed. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). UNFINISHED BUSINESS: 13./ President La Croix asked the Council members to submit their recommendations regarding the makeup and goals of the Human Relations Commission to the Assistant City Manager, as he would like to hold a meeting some time in December to formulate the powers of the Commission. NEW BUSINESS: 14.v Councilman Corica stated he would like to bring up some points dealing with the energy crisis. He read a letter which had been sent by the City Attorney to Arthur D. Little, Inc., regarding the Environmental Impact Report for the Harbor Bay Isle development, requesting that they consider and include in the report matters affecting the project arising because of the increasing energy shortage. Specifically requested was a determination of the amount of electric current and gas which would be used over and above that now consumed in the City, assuming some 5,000 new resi- dences and about 12,000 additional persons. Councilman Corica stated it had been brought to his attention that heat for the swimming pool located at Casitas Townhouses had, been voluntarily turned off, and he hoped residents of the Islandia Townhouses would follow suit, as well as other pool owners in the City, with the excep- tion of pools used for swimming instruction or school activities. He further suggested that in the future, with the exception of the Police Department, City automobile purchases be confined to the compact car class. Councilman Hurwitz asked the Recreation Director if there was a possibility of lowering the termperatures in the City pools. Mr. Mainland explained the methods used in heating and the consideration given to varying climatic conditions at the two City swimming pools. President La Croix read, in full, Resolution No. 2865, adopted this date by the Department of Public Utilities, entitled, "Curtailment of Sale of Electrical Energy". This resolution urged all consumers within the limits of the City of Alameda to immediately proceed with volun- tary control and efforts to reduce their use of electrical energy by means of reducing their load requirements or less operating hours, or both, as soon as possible. He requested the Council go on record as supporting this resolution, as a goal of the City. Councilman Corica then offered the foregoing as a motion, which was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). The Clerk was directed to furnish a copy of the resolution to the Alameda Times-Star for their information, noting the endorsement of the City Council. 15. v President La Croix introduced Mrs. Marian Goodman, a representative of Social Advocates for Youth, 975 North Point, San Francisco. Mrs. Goodman stated their organization worked with problem youths between the ages of seven and fourteen years. She referred to the voluminous written material which had been supplied to the Council and commented on the program which was active in other communities. Mrs. Goodman said they would like to embark on such a program within the City and asked for the endorsement of the Council. Mr. Mike Carrere, of the organization, explained the program which had been set up in Santa Rosa and stated a report had been furnished to the Alameda Police Department by the Sonoma County Probation Department. At the conclusion of discussion, Mrs. Goodman was asked to submit a proposed budget for the program. President La Croix stated he would request the California Council for Criminal Justice to provide an evaluative report, and copies of the report of the Sonoma County Probation Depart- ment would be obtained. RESOLUTIONS: 16. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8136 Rejecting Claim of Pacific Gas and Electric Company Against City." The motion to adopt said resolution was seconded by Councilman McCall and carried on the [ollowirg roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 17. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8137 Amending Resolution No. 6232 Relating to Police and Fire Department Holidays, by Amending Section 2b and Adding Section 2c Thereto." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 18 Councilman McCall introduced the following ordinance, after which it would be laid over under provision of law and the Charter: 0 0 ri "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Article 3 to Chapter 1 of Title XII, Consisting of Sections 12-131 Through 12-135, Relating to Placing and Removal of Political Signs." The motion was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). On request, City Attorney Cunningham explained this ordinance would govern the placing and removal of political signs on private property by a candidate or political committee, and would not control the actions of a private home owner on his own premises. 19. Councilman Corica introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Authorizing Sale of City-Owned Real Property to Housing Authority (Northeast Corner Park Street and Otis Drive)." The motion was seconded by Councilman Hurwitz and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). The City Attorney stated the Deed would not contain a reversionary clause, for practical reasons dealing mainly with financing, however this condition would be set out in a sepa- rate agreement betweenthe City and the Housing Authority. ORDINANCES FOR PASSAGE: 20. "Ordinance No. 1705, New Series Amending the Alameda Municipal Code by Adding Sections 9-1415, 9-1416 and 9-1417 Thereto, Relating to Enforce- by Poundmaster of Animal Control Regulations, Prescribing Penalty for Violation Thereof, and Relating to Citation Procedure for Violations." Councilman Corica moved the ordinance be passed as submitted. The motion was seconded by Councilman Hurwitz and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 21. "Ordinance No. 1706, New Series Amending the Alameda Municipal Code by Amending Sections 2-311, 2-312 and Subsections (2) and (5) of Section 2-314 of Article 1, Chapter 3, Title II Thereof, Relating to Membership and Duties of the City Recreation Commission." Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). BILLS: 22. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $112,031.69, 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 November 20, 1973, and presented to the City Council at this meeting, be allowed paid. The motion was seconded by Councilman McCall and roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 23. Councilman Hurwitz moved the Council retire to an executive session for discussion of personnel matters. The motion was seconded by Councilman Corica and carried unanimously. After a five-minute recess, the Council reconvened in the Conference 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. ADJO NT: 24. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday, December 4, 1973, at 7:30 o'clock p.m. Respectfully submitted, City Clerk