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1974-03-19 Regular CC Minutes% _ 4 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - MARCH 19, 1974 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 Dr. Itiilfred Hodgkin, Rector of Christ Episcopal Church. 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 meeting held January 15, and special meeting held January 22, 1974, were approved as transcribed. 2. From the following, relating to Animal Control regulations; Mrs. Gladys Sargent, President of Pets & Pals, 4011 Grand Avenue, Oakland; Mr. Vern W. Dennen, 1926 Everett Street; Ms. Gail Sisson, 2101 Shore Line Drive, Apartment 440; Mrs. Marion Wilson, 1139 62nd Avenue, Oakland; and Mrs. Robert B. Fox, 1505 Fernside Boulevard. President La Croix stated full discussion of the regulations and consideration of these communica- tions would be held under "Reports and Recommendations", Item No. 7. 3. From Misses Vickie Santistevan, Margaret Dos Santos and Loretta Campo, students of Encinal High School government class, requesting permission to present conclusions of study of Bay Area police departments. Miss Dos Santos, 457 Haight Avenue, reported on their study which had commenced in November, 1973, and distributed a written summary to members of the Council. She said they had concluded the City was in desperate need of a new Police Station with sufficient space, privacy, and modern equipment. President La Croix complimented the students on the thoroughness of their report. He said the City Council and administration were aware of the shortcomings of the Police facility and were looking into its relocation. 4. From the Alameda Art Association, Inc., signed by Mrs. Barbara Thomas, Corresponding Secretary, urging the Post Office building on Central Avenue be preserved. The President stated the Council concurred in the retention, if at all possible, of the structure. He said a report would be coming from the City Manager on the subject. 5. From the Associated Coin Amusement Company, Inc,, signed by Mr. Henry J. Leyser, President, requesting elimination of the restriction prohibiting persons under the age of eighteen years to operate pinball machines, and its broad application to other amusement machines. President La Croix stated the Council had previously concurred, by a vote of three to two, that the ordinance should not be changed and should remain as presently written. Mr. Murray Fichelson, Sales Manager of Associated Coin Amusement CO., Inc., said they urgently requested the ordinance be abolished. He stated his company felt the guidance of juveniles should be left to parents, religious institutions and their own conscience. He said it was their opinion the playing of these amusement devices did not violate acceptable moral standards, and enforcement Of the ordinance posed a problem to law enforcement agencies and the individual's freedom of action. He said it would seem more practical and equitable to regulate the conduct of the business operation instead of the unenforceable restriction of age limit. Mr. Fichelson named establishments through- out the State where these devices were installed. Mr. Abe Kofman, 633 Waterview Isle, Publisher of the Alameda Times-Star, suggested the lowering of the age limit to fifteen years. He presented a letter written by the Chief of Police of the City of Oakland which stated the Associated Coin Amusement Company had conducted its affairs in a responsible manner in their City and no police problems had developed as the result of any facility or installation maintained by the Company; that the President of the Company, Mr. Henry Leyser, had actively pursued and supported efforts to regulate the coin-operated amusement device industry. Mr. Kofman reported there was no age limit in the cities of Oakland and Hayward. Miss Ann Sanchez, 3215 Briggs Avenue, presented a petition, containing numerous signatures, re- questing the age limitation be lowered to fourteen years. Councilman McCall stated this subject had been thoroughly discussed and considered at prior Council meetings. He moved the Council take no action on the proposal to amend the existing ordinance. The motion was seconded by Councilman Hurwitz and carried unanimously on roll call vote. 6. From Mrs, Virginia Oliver, 3237 Fernside Boulevard, concerning operation of pinball machines. The communication was accepted and referred to the file. ORAL COMMUNICATIONS, AGENDA: 7, Mr. William R. Meyer, an affiliate of the law firm of Pillsbury, Madison and Sutro, counsel for Harbor Bay Isle Associates, requested the opportunity to speak under "Reports and Recommendations", Item N0, 9. 8. Mrs. Winifred Sullivan, a resident of Oakland and member of the Alameda County Antivivisection Society, addressed the Council concerning the proposed ordinance establishing animal control regula- tions and services. She urged that humane methods be adopted for disposing of unwanted animals. REPORTS AND RECOMMENDATIONS: 9. Continued from the reguldr meeting held March 5, 1974^ from the City Attorney, transmitting development schedule and request of Mr. Robert E. Hannon for an extension of time for the completion of public improvements in connection with Parcel Map No. 318, a division of property the east side of Webster Street at the Estuary also transmitting request of Mr. Hannon that his Tidelands License of 1954 be rewritten into a Lease in order to satisfy BCDC requirements. Following explanation by the City Attorney and City Manager, Councilman Hurwitz moved that a two- year extension cf time be granted from February 6, 1974, The motion died for lack of a second. Councilman Beckam then moved the matter be referred to the City Manager for negotiation of a Tidelands Lease, to include compensation to be paid to the City. The motion was seconded by McCall and on roll call carried unanimously. ' The City Engineer was requested to notify Mr. Hannon that his time for completion of the public improvements would expire on May 6, 1974. 10. From the City Planning Board, signed by the Secretary, making recommendation on the Tentative Map for Tract No. 5582, a condominium subdivision of a nine-unit apartment structure located at 1601 Broadway, filed by Murray-McCormick Environmental Group for Donald J. Kane. Councilman McCall moved the recommendation of the Planning Board be adopted, that the Tentative Map for said Tract be approved subject to the specific exceptions on minimum lot width and under- grounding of utility services, and the terms and conditions of the City Engineer's report dated February 27, 1974' The motion was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 11. From the City Planning Board, signed by the Secretary, making recommendation On Zone Change Application R-74-1, filed by Leon F. Corcos for a parcel of land lying westerly of Webster Street and southerly of Atlantic Avenue. On question, the Planning Director suggested the Hearing date be set and continued until such time as staff had prepared an Area Zoning Study. He estimated this would be ready for Board discussion in approximately two months. He said the applicant had expressed his agreement to such a continuance. The Hearing on the matter was set for the next regular meeting of the Council on April 2, 1974, to be tabled at that time until the report had been received. The City Manager was requested to prepare a report on the railway abandonment in the area. 12. From the City Attorney, concerning proposed Design Review Regulations. The report was accepted and, after discussion, referred to the Planning Board and staff for sub- mission of an Ordinance for Introduction to be transmitted to the Council by 9, for inclusion On the agenda of the regular meeting to be held April 16, 1974. ' 13. From the City Planning Board, signed by the Secretary, making recommendations on ordinances establishing regulations on In Lieu Land Dedication, Dwelling Unit Tax, and Property Transfer Tax. The City Attorney stated the Council had received a proposed Recreational Land Dedication Ordinance. He said the authority for such control was set out in State law which was very specific and set forth a number of items which were to be included. He said his recommendation was the ordinance already submitted to the Council. The Planning Director stated, at the request of Mrs. Ina Ratto, Planning Board Member, he would like to make a statement for the record. He said it was Mrs. Ratto's feeling that the letter transmitting the matter to the Council gave a rather vague or negative approach to the Board's perusal of the three ordinances. At her request, he read the verbatim motion made by Mr. Kihn, Planning Board Member. -~ The matter was referred to the City Manager and City Attorney for recommendation and report. 14. From the City Manager, regarding Animal Control Regulations and Services. Councilman Corica proposed that the present method of disposing of unwanted animals be replaced by the use of sodium pentothal injections. He expressed his agreement with the provisions of the proposed ordinance and suggested the Pound be more diligent in their pursuit of loose animals. The City Manager summarized the recommendations contained in his report. He said an additional ordinance was being prepared for consideration, which had to do primarily with sanitary nuisances caused by dogs and other animals. Mr. Goss stated he would further recommend the funding, from the Contingency Fund, of a comprehensive dog licensing program. This would be a combined survey and licensing program and he estimated it would cost approximately $5,500. He said the increased license fee should pay for the program and perhaps provide additional revenue toward improving the dog control program. Mr. Goss stated that the study and consideration should be given to improved enforcement of the leash law, an after-hour service at the Pound including emergency pickup and veterinarian service for injured animals. Mr. Goss commended the ad hoc citizens committee who had given freely of their time and knowledge in reviewing and making recommendations for the proposed ordinance. The following persons expressed their views on the subject. Mrs. Carmen Lasar, 512 Waterview Isle; Mr, Charles Tillman, 2415 Roosevelt Drive; Mrs. Edna Scott, 1315 Dayton Avenue; Mrs. Gladys Sargent, President of Pets Pals; Mr. Stan May, San Francisco Commissioner of Animal Welfare, and Mr. Richard Jarrett, 1317 Caroline Street, President of the Alameda Kennel Club. Councilman Hurwitz suggested an amendment to Section 4-153 of thc ordinance, entitled "Right to Sell", in that the word "working" be inserted at line 3, to read "three working days"; also Section 2-482, entitled "Duty to Notify Owner of Impounding", be amended by inserting at line 6 the words "or by telephone communication." Following discussion, the Council concurred in the amendments. Councilman Beckam moved the City Attorney be directed to put Attachment B into ordinance form for consideration and adoption; an expenditure from the General Fund of $8,500 be authorized during 1973-74 for the purpose of conducting a comprehensive dog canvass and licensing program; and consideration given to improved enforcement of the leash law and after hour service at the Pound, including emergency pick up service for injured animals and veterinarian service to injured animals in developing the 1974-75 budget. The motion was seconded by Councilman McCall and, on roll call, carried by unanimous vote. There being no objection the meeting proceeded to "Introduction of Ordinances". INTRODUCTION OF ORDINANCES: 15' Councilman Beckam introduced the following ordinance, as amended, 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, Adding to, and Repealing Certain Sections Thereof, Relating to the Regulation of Dogs, Cats and Other Animals Within City, Establishing Fees for Licensing, and Providing for Impoundment, Retrieval and Disposition of Same." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: Ncne. A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order Of business. UNFINISHED BUSINESS: 16. Councilman Beckam commented on a letter received from the Alameda Chamber of Commerce in which they had requested to be allowed to participate in the goals and re-evaluation study. He Said he wished to emphasize that all interested Cis,iZenS and groups, including the Chamber, would be invited to take part in the study. NEW BUSINESS: 17. Councilman Corica stated the cities of Pittsburg and Antioch were seeking a way to withdraw from the San Francisco Bay Area Rapid Transit District. He said the City of Alameda had been paying for many years to help build the system, with no direct lire to the City or any future plan to acquire service. He asked what legal action would be necessary to withdraw from BARTD. Councilman Beckam suggested the Council adopt a resolution supporting Senate Bill NO, 1877, as in- troduced by Senator John A. Nejedly, and transmit copies to the Senator, his Committee, and local legislators. Councilman McCall expressed his agreement with this suggestion. There being no objection the meeting proceeded to "Resolutions". RESOLUTIONS: 18. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8166 Supporting State Senate Bill No. 1877, Introduced by Hon. John A. Nejedly, Authorizing Portion of County to be Withdrawn from San Francisco Bay Area Rapid Transit District and Urging Legislature to Enact Same." 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. Councilman Corica requested that the City Attorney investigate and advise the Council of the legal aspects involved in the matter of withdrawal from the BARTD system. President La Croix stated he would not like to see the City withdraw, and concurred in Councilman Corica's request for a legal opinion. The meeting returned to the regular order of business. NEW BUSINESS: 19. Councilman Beckam stated that some time ago the City had received a copy of a Final Environmental Impact Report for Air California Occupation of Hangar 6 at the Oakland International Airport, however no timely response had been made. He said he did not believe this precluded the Council from acting on the intent of the EIR on the project. Councilman Beckam explained the lease contained a provision which would allow nighttime testing of jet engines. He said it was his opinion the Council should take a strong and firm position of opposition to any additional nighttime engine noise emanating from the Oakland Airport, now or in the future. He asked that the City Attorney be directed to write a strong and factually stated letter in opposition to the exercise of the lease with any nighttime operation or testing. He reported that Councilman McCall, as a member of the Alameda County Airport Land Use Commission, would be attending a meeting of that body on March 20, and suggested he present this idea to the ALUC. Councilman Beckam then offered the foregoing as a motion, which was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: N0ne, RESOLUTIONS: 20. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8157 Rejecting Claim of Victor Gallardo Against City." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five, Noes: None. Absent: None. 21. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8168 Rejecting Claim of Bates Hylton Against City." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8169 Rejecting Claim of Charles L. Kelly Against City'" The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: MODe, 23. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8170 Rejecting Claim of Aime C. Glesener Against City." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 24. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8171 Rejecting Claim of Alameda-Contra Costa Transit District Against Against the City." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: N0n£, 25. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8172 Rejecting Claim of Elsa B. Reeves Against City." )� The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 26. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8173 Rejecting Claim of Mr. and Mrs. Irving Ritchie Against City." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 27. The following resolution was introduced by Councilman Corica, who moved its adoption: "Resolution No. 8174 Authorizing Execution of Agreement with State of California, Acting Through the State Personnel Board, for City Personnel Services." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 28. "Resolution No. Disapproving Advisory Report and Recommendation of Planning Board on Rezoning Application No. R-73-6, and Adopting Findings Rejecting Said Application /Harbor Bay Isle Associates)." President La Croix suggested, because of some of the statements contained in the resolution, that no action be taken at this meetinn. He expressed his objection to Item (3), section (b), Page 2, wherein it was stated the EIR revealed the project would "cause a potential conflict with operations Of the Metropolitan Airport.,..." He said he believed it was and had been the intent of the Council to establish the fact that the Oakland Airport should not grow at all and should not further inhibit the growth an( zoning cf the City of Alameda, the safety of the citizens of Bay Farm Island and the east end of town. Councilman McCall further explained the Council was not opposed to the Oakland Airport, per se, but were opposed to the operations of Runways 27-Left and Right and 9. Councilman Hurwitz requested the resolution in its present form be withdrawn fr00 consideration. Following discussion, it was so ordered. Councilman Beckam moved the City Attorney be directed to communicate with Attorney Gary J. Near and inform him the matters on which he had been retained were concluded and his services as special counsel were terminated. The motion was seconded by Councilman McCall and on roll Coll vote carried unanimously. 29. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8175 Resolution of the Council of the City of Alameda in Commendation of Oscar J. Sobol on His Retirement." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: N0Oe, Absent: None. Councilman McCall offered the congratualtions of the City Council to Mr. Sobol, who was in the audience' ORDINANCES FOR PASSAGE: 30, "Ordinance No. 1712, New Series Amending the Alameda Municipal Code by Adding Section 13-3121 Thereto, Relating to Sales Solicitation for Charitable Purposes." Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Councilman Beckam and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31' "Ordinance No. 1713, New Series Amending the Alameda Municipal Code by Amending Section 7-332/b\ Thereof, Relating to Bicycle Ridiny in Certain Crosswalks." Councilman Corica moved the ordinance be passed as submitted. The motion was seconded by Councilman Beckam and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. BILLS: 32. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of S50,851'86 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 March 19, 1974, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 33. Mr. Joseph P. Sullivan, 3221 Liberty Avenue. objected to Council discussion of items under "Unfinished Business" and "New Business" which had not been listed on the agenda. He said it was his opinion persons in the audience should be allowed to speak on those items also. 34. Mr. Leonard E. Peters, 1003 Tahiti Lane, reported the Port of Oakland has announced an expansion program of their North Field which would involve new hangars, pilot facilities, and a catering to corporate aircraft. He said this was presently in the form of a policy statement by the Port of Oakland and, undoubtedly, an EIR would be required, at which time he would suggest the City express its objections. He offered his support. FILING: 35. Agreement - Between City and State of California for City Personnel Services. MEMORIAL RESOLUTIONS: 36. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8176 Resolution of the Council of the City of Alameda in Memoriam to the Honorable Leland W. Sweeney. "WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its former, and most dedicated public officials, LELAND W. SWEENEY, whose death has greatly saddened his many friends and whose affable personality will be sorely missed. "WHEREAS, Supervisor Sweeney began his public service upon his election as a Councilman on March 13, 1945, and had executed his Oath of Office on April 17, 1945; and "WHEREAS, Supervisor Sweeney served in this position for almost ten years, having been re-elected at succeeding General Municipal Elections, and during this period was selected bv his fellow Councilmen to serve as Mayor from April 21, 1953 until December 31, 1954, when he resigned from the City Council after being elected to the Alameda County Board of Supervisors, from which office he was forced by ill health to submit his resignation in 1970; and "WHEREAS, 'Lee', as he was affectionately known, was most well known for and instrumental in working toward construction of the Webster Street Tube and the replacement of the Fruitvale Bridge with a new four-lane span, which had recently been officially dedicated as the 'Miller-Sweeney Bridge'. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda, in recognition of his service and his desire to promote the development of the City and County of Alameda to the advantage of its people, hereby expresses its sense of personal loss and community its gratitude for the faithful representation of the citizens o f t� the cuommo by bv thi u fine man. "BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Supervisor Sweeney in order to convey to its members sincere sympathy in their bereavement. "BE IT FURTHER RESOLVED that when this meeting of the Council of the City Of Alameda adjourns, it shall do so in respect to the memory of THE HONORABLE LELAND W. 'LEE' SWEENEY." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 37. Councilman Hurwitz moved the Council retire to executive session for consideration and discussion of personnel matters, appointments to various City Boards and Commissions, and pending litigotion. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: Mon2, Absent: None. 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. It was requested that the office of the City Attorney prepare an appropriate resolution to effect the appointment on which the Council had reached agreement, for action by the Council at its next regular meeting. ADJOURNMENT: 38. There being no further business to come before the meeting, the Council adjourned in respect to the memory of the HONORABLE LELAND W. SWEENEY, to assemble in regular session on Tuesday, April 2, 1974, at 7:30 o'clock p.m. Respectfully submitted, ' - City Clerk ��/