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1974-04-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - - -APRIL 2, 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 Edward DU2rkseD, Pastor of the Westside Baptist Church. ROLL CALL: The roll was called and Councilman Beckam, Corica, HVrwit4 McCall and President La Croix, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held February 5, 1974, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mr' Mike McConnell" Encinal High School Senior Government Class, requesting permission to make a presentation concerning a vehicle noise report. At the request of Mr. McConnell, this item was held over to the next regular meeting of April 15, 1974. 3. From Misses Vickie Santistevan, Nancy Wagner and Debbie Fervin, Encinal High School students, requesting permission to make a presentation regarding a Council Chamber smoking ban survey. Miss Santistevan, 929 Eagle Avenue, and Miss Wagner, 1101 Grand Street, proposed that smoking be prohibited at all public meetings held in the Council Chamber, to protect the rights of non-smoking citizens. They stated their group proposed the ban because many persons were sensitive to smoke while others suffered respiratory ailments. They said it was their belief non-smokers should not have to be subjected to smoke while attending and participating in public meetings. They reported on a survey taken of the smoking or non-smoking policies established by Councils of surrounding communities. Miss Wagner said an opinion poll had been conducted through the Alameda Times-Star and of 44 responses, 41 persons wanted to prohibit smoking during public meetings. A poll taken of persons attending public meetings revealed that of 88 persons contacted, 50 said they would support a smoking ban. She elaborated further on the written report which had been distributed to Council members. President La Croix stated he would oppose an ordinance restricting persons from smoking in the Council Chamber, however he would support a policy decision of the Council to establish a non-smoking policy for the Chamber during public meetings. He reported that for the past two years there had been a "NO Smoking" area designated in the Chamber. Councilman Hurwitz said he felt there were people who attended public meetings who did want to smoke and such a ban might prove a hardship. Councilman Corica said he felt the polls taken were not broad enough to reflect the thinking of the majority of persons attending public meetings. Councilman Beckam concurred with Councilman Corica and stated he also did not feel the sampling taken was adequate. Following discussion, Councilman McCall moved the Council Chamber be posted as a non-smoking area for all public meetings for a trial period of six months, starting with the next regular meeting to be held on April 16. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: Councilman Beckam, (1). Absent: None. 4. From Mr. Vern W. Dennen, 1926 Everett Street, concerning animal control regulations. The communication was acknowledged and referred to the file. ORAL COMMUNICATIONS, AGENDA; 5. Mr. Alan Littman, Attorney with the law firm of Pillsbury, Madison & Sutro, requested to be recognized under "dnfinfshed Business", Item No. 1. HEARINGS: 6. In the Matter of a Petition to rezone property located 1800 feet westerly of Webster Street and adjacent to the Alameda Belt Line Railroad, from the "R-4-PD", Neighborhood Apartment Planned Develop- ment District, to the "C-M", Commercial-Manufacturing District, filed by Mr. Leon F. Corcos. The Clerk stated there was on file the Affidavit of Publication that this would be the time and place for the Hearing on the matter, and all interested parties had been notified. She noted that at the regular meeting of March 19, 1974, it had been suggested the Hearing date be set and continued until such time as staff had prepared an Area Zoning Study, and the applicant had been so notified and was not in attendance at this meeting. On request, Mr. Donald Johnson, Planning Director, stated the petition concerned a parcel containing approximately one-half acre of ground; that the parcel was landlocked, having no immediate access to a public right-of-way and the only access to it would be by crossing the Alameda Belt Line right-of-way to Atlantic Avenue. He reported the applicant had recently acquired the property under a tax sale and had hoped to use it for a trailer rental storage area. He stated that at the Planning Board Hearing on the matter, the applicant had appeared and there had been no other proponent or opponents to the issue. That the Planning Board could not make a finding the proposed "C-M" District was adeQuate and entered a unanimous resolution recommending denial, but the Board did find it was a problem piece of ground. Mr. Johnson stated the Alameda Belt Line had, in the past, indicated its interest in abandoning the right-of-way. He reported the Planning Board had requested the Planning staff to prepare an Area Zoning Study, in which the applicant was cooperating. Further, the applicant had requested the Hearing in the matter be continued until such time as the staff report on the general area was available for public hearing, in which request both staff and the Planning Board concurred. The City Attorney stated the issue before the Council was whether the findings and recommendations of the Planning Board and its advisory report, based upon Section 11-175 of the Municipal Code, should be approved, modified Or disapproved. On the call for proponents or OppOrent5, there was no response. Councilman McCall moved the Hearing on the matter be tabled pending receipt of the zone survey report by the Planning Board and their further recommendation to the Council. The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 7. From the City Manager, reporting completion of subdivision improvements in connection with Tract 3454, recommending acceptance and release of the performance bond (2101 Central Avenue) Councilman Beckam moved the improvements in connection with said Tract No. 3454 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' 8. From the City Manager, reporting completion of subdivision improvements in connection with Tract 3478, recommending acceptance and release of the performance bond. (2000 Central Avenue) Councilman Hurwitz moved the improvements in connection with said Tract No. 3478 be accepted and the subdivider released from his bond. The motion was seconded by Councilman Beckam and carried On the following rcll call Y0te, Ayes: Five. Noes: None. Absent: None. 9. From the City Plarning Board, signed by the Assistant Secretary, making recommendation on Parcel Map No. 1109, a division of one existing lot into two parcels for property known as 890 Union Street, filed by Stanley Boersma. Councilman McCall moved the recommendation of the Planning Board be accepted with the specific conditions and exceptions noted in the report. The motion was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 10. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8177 Approving Parcel Map No. 1169 for Division of Property at 890 Union Street, Alameda, California, and Permitting Recording Thereof. (Stanley Boersma)" The motion to adopt said resolution was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 11. From the City Planning Board, signed by the Secretary, making recommendation on its Resolution of Intention to Rezone certain portions of Bay Farm Island. The Hearing on the matter was set for the next regular meeting of the Council to be held April 16, 1974 12. From the City Manager transmitting a report on drainage problems in the 100 block of Central Avenue. President La Croix reported letters had been written to the residents of the area by the City Engineer setting forth his recommendations to alleviate the problems. The President stated it was hoped the residents would follow the suggestions of the City Engineer. Councilman Hurwitz moved acceptance of the report of the City Manager. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 13. "Resolution No. Resolution Disapproving Advisory Report and Recommendations of Planning Board on Rezoning Application No. R-73-6, and Adopting Findings Rejecting Said Application (Harbor Bay Isle Associates)." Councilman Corica said he had compared the previously prepared resolution with the resolution before the Council at this meeting for consideration; that Section (3) (b) of the first resolution had stated the EIR revealed the project would cause a potential conflict with operations of the Metropolitan Oakland Airport, et cetera, and this statement or any reference to the Airport had been deleted from the resolution under consideration. He stated that inasmuch as the EIR had con- tained quite a bit of material on the Airport, it was his opinion this or a similar statement should be incorporated in the resolution. President La Croix asked Councilman Corica if it was his position a statement should be inserted in the findings that there is an environmental impact because of the Oakland Airport in the east end and the Bay Farm Island of Alameda. Councilman Corica responded it was his view the resolution should, in some way, acknowledge the 8xistaOCe of the Oakland Airport. Councilman Hurwitz stated his main purpose, when moving the recommendation of the Planning Board be disapproved and requesting the preparation of a proposal to rezone all of the residential area of Harbor Bay Isle to "R-l" with a "PD" overlay, was in controlling the density of the City. However, his decision had not been made for the benefit of the Airport and he was convinced that Until the City could maintain a degree of control over the Airport, or the Airport could accept some decent controls, he would not like to see any residences constructed in an area which would seem to be acting as a buffer for the rest of Alameda. He said it was also his opinion the resolution should refer to the Oakland Airport situation. President La Croix asked if the reason for this would be to make those people who might wish to build or develop on Bay Farm Island aware of the fact there is an impact of the Airport through noise and safety upon any such development. Councilman Corica stated this was correct. He said it was his feeling prior Councils had erred in permitting development and he did not believe additional residences should be built in the area until the intentions of the Airport been determined, because of the existing noise and safety factors. He stressed, however, it was not his intent to restrict the developer from building pending such determination. Councilman McCall read a letter dated March 22, 1974, from Mr. William Fraley, Administrative Officer of the Alameda County Airport Land Use Commission, to Mr. Ben Nutter, Executive Director of the Port of Oakland. The communication stated that on March 20, 1974, the ALUD had considered his referral of a draft of an EIR prepared by the Port concerning the Air California Airlines occupation of Hangar 6; that after discussion of the probable adverse impact from the noise on the residents in adjacent areas, it had been moved, seconded and carried, with one abstention (Mr. Abernathy), that the ALUD strongly recommend that an alternate location and hours of run ups be investigated by the Port. Councilman McCall said he would recommend that the City Manager attend the Board of Port Commissioners' meeting on April 3, 1974" to make known the Council's request for a delay on the Air California Airlines occupation until the full implications were known to the Board and the City of Alameda relative to the proposed new Master Plan for the North Field of the Metropolitan Oakland Airport. Councilman McCall moved to table further discussion on the item. The motion was seconded by Councilman Corica and was defeated on the following roll call vote. Ayes: Two. Noes: Councilmen 8ecknm, Hurwitz and President La Croix, Jr. , (3). Absent: None. Attorney Alan Littman stated he would like to incorporate, in full, each of the statements he had made at the previous meeting. He objected to the proposed findings under consideration with respect to Paragraphs 1, 2, 3, 4, 5 and 6, on all of the grounds previously stated and on the ground that, in all of the circumstances of this case, to adopt such findings would be unreason- able, arbitrary, descriminatory, unconstitutional, illegal and unfair. He pointed out, in response to the question raised by Councilman Corica as to the pertinence of the Airport problem, that the history of the City of Alameda with respect to the problem of the Oakland Airport was clear and consistent in opposition to the attempts of the Airport to run aircraft and aircraft noise over the City, including Bay Farm Island. He said it would be impossible, impracticable and totally arbitrary for the Council to attempt, in the context of an application by his client with respect to Bay Farm Island, to suddenly reverse its entire position with respect to the Oakland Airport and use this as a device, either for delay or rejection of the application. He suggested the Council remain consistent in its opposition to the Airport with respect to Runway 27 and other operations over Bay Farm Island and Alameda, President La Croix stated the action before the Council was one of consideration Of adoption of the resolution as proposed, consideration of the resolution with recommended word insertions and Changes submitted at the request of Councilman Beckam and forwarded by the City Attorney, and consideration of an insertion requested by Councilman Corica to the findings of the effect of the Airport on the development of Bay Farm Island. Councilman Hurwitz said that in the interests of consistency perhaps the Airport issue should be omitted from the resolution. He re-asserted his main purpose was to control the density in some manner. Councilman Hurwitz moved adoption of the resolution as written, with the insertions and recommended changes as proposed by Councilmen Beckam and Corica. The motion was seconded by Councilman Beckam. On question, Attorney Littman stated he had seen the findings but had not consulted with the City Attorney about them. Councilman Corica again stated he could not vote for a resJlUt1On which contained no reference to the Oakland Airport. On a call for the question, the motion failed to carry on the following roll call vote. Ayes: Councilmen Beckam and Hurwitz, (2). Noes: Councilman Corica and President La Croix, Jr., (2). Abstaining: Councilman McCall, (1). On request, City Attorney Cunningham explained that by adoption of the resolution the City Council would disapprove the advisory report and recommendations of the Planning Board previously submitted and adopt certain findings as to their reasons for so doing. Councilman McCall expressed his desire to cast a "No" vote on the motion. The President declared the motion defeated. 14. President La Croix referred to a letter received from the Housing Authority regdrding the purchase of the property at 920 Park Street on which they planned to construct a Senior Citizens complex. He stated the Commissioners of the Housing Authority offered assurance that if for any reason their plans did not materialize, the City would be given ninety days written notice during which time it might repurchase the property at their purchase price plus costs to date of resale. Councilman Beckam moved the City Attorney be instructed to prepare a Deed transferring the property to the Housing Authority of the City of Alameda. The motion was seconded by Councilman Corica. Councilman McCall said he was in favor of the proposed use of the property, but he felt a rever- sionary clause should be inserted in the Deed itself. On a call for the question, the motion carried 0n the following roll call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. 15, President La Croix referred to the request of the Chamber of Commerce asking for direction regarding assistance in connection with the 32nd Annual Reunion of Doolittle Raiders. Councilman Beckam moved the City Manager be authorized to direct the Chamber of Commerce to allocate $300 to this memorial recognition. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16. Councilman Corica again suggested a meeting be arranged with the Board of Directors of the Port of Oakland concerning noise abatement procedures at the Oakland Airport. President La Croix reported the reason no meeting had been scheduled was because of pending hearings in Sacramento involving the Nejedly Bill. He said that subsequent to Councilman Corica's prior suggestion, other mutters had arisen which might be discussed in a joint meeting. The City Manager was directed to set up a meeting with Pont of Oakland representatives, preferably to be held in the Council Chamber. He was further authorized to represent the City at a meeting with the Port of Oakland on April 3 concerning the future development of the North Field of the Oakland Airpert. 17. Councilman Hurwitz commented on Resolution No. 8156 adopted by the Council at its previous meeting, and supporting State Senate Bill No. 1877, introduced by The Honorable John A. Nejedly. He stated he had reconsidered the matter and felt the City should not withdraw from the BARDT system. Councilman Beckam explained the Senate Bill would allow residents of an area not directly served by BARDT to decide the qUeStiO: of withdrawal via the ballot box only insofar as additional taxes were concerned, but they would still be required to pay the existing bond issues for which the entire three-county area was liable. A general discussion followed on the subject. 18. Councilman Hurwitz asked what action had been taken with regard to the East Bay Regional Park District's plan (Alternate K) for the beach problems. The City Manager stated the District and Corps of Engineers supported Alternate K and had indicated they would agree with certain modifications noted by the City. He reported he was presently working on a report to be submitted to the Council for dOalySf3. He said the Corps of Engineers had indicated they would hold a public hearing on the subject and the alternatives, however this would not be held until early in the summer months. 19' Councilman Corica requested a status report on the Northside Park. The City Manager stated informal offers had been mode to the Cel Monte Corporation and they had responded by submitting an alternative approach toward acquiring the property, which would be explored. NEW BUSINESS: 20. President La Croix reported Assemblyman Miller had proposed the State speed limit be decreased to 55 mph. He expressed his support of the proposal and asked the opinion of the Council members. Councilman Corica moved a letter be addressed to Assemblyman Miller advising him of the Council's support in the matter. Councilman McCall expressed his objections to the motion, stating the restricted speed limit was not now being enforced and indications were it would not be enforced by the law enforcement agencies. Councilman Hurwitz concurred with these remarks. At this point, Councilman Beckam seconded the motion which carried on the following roll call vote. Ayes: Three. Noes: Councilmen Hurwitz and McCall, (2). Absent: None. 21. Councilman McCall moved the Chamber of Commerce be directed to contact the A/C Transit Board of Directors concerning the possibility of issuing a Shop-Around pass for use within the City, to include the shopping areas of South Shore, Webster Street and Park Street. The City Manager was directed to convey the request to the Chamber of Commerce. RESOLUTIONS: 22. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8170 Rejecting Claim of Joyce Short Against City." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: None. Abstaining: Councilman Beckam, (1). 23. TiR following resolution was introduced by Councilman Hurwitz who moved its adoption: "Resolution No. 8179 Rejecting Claim of Frank L. Ghiglione Against City." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: None. Abstaining: Councilman Beckam, (1). 24' The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8180 Adopting Specifications, Special Provisions and Plans for Reconstruction Of High Street from Thompson Avenue to the High Street Bridge, Calling for Bids and Directing City Clerk to Advertise 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. 25. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8181 Adopting Specifications, Special Provisions and Plans for Resurfacing and Minor Repairs of Various Streets, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: N0ne, 26. The following resolution was introduced by Councilman Hurwitz who moved its adoption: "Resolution No. 8182 Adopting Specifications for Furnishing to the City of Alameda One (1) Two Ton Dump Druck with Tilt Cab and Stake Body, One (1) Three Quarter Ton Chassis and Cab with Surveyor Body, and One (1) Three Quarter Ton Truck with Utility Body, Calling for Bids and Directing City Clerk to Advertise Same." 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 Beckam who moved its adoption: "Resolution No. 8183 Amending Salary Resolution No. 8094 by Creating the New Position of Intern and Establishing the Salary Therefor." 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. 28. The following resolution was introduced by Councilman McCall who moved its adoption: "Resolution No. 8184 Appointing Member of the Pension Board." /Georne A. HacklemVn\ 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. 29. The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8185 Authorizing City Manager, Assistant City Manager and Assistant Director of Office of Emergency Services, Alameda County, to Sign For and Accept Surplus Federal Property Under Public Law 655'" 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. 30' The following resolution was introduced by Councilman Beckam who moved its adoption: "Resolution No. 8186 Authorizing City Manager, Assistant City Manager and Assistant Director Of Office of Emergency Services, Alameda County, to Execute Federal Civil Defense Act Documents." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried 0D the following roll call vote. Ayes: FiV8, Noes: None. Absent: NOne, The President declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 31. "Ordinance No. New Series Authorizing Purchase of Real Property Commonly Designated as 1317 Pacific Avenue, Alameda, California." President La Croix reported negotiations had not been completed and consideration of the ordinance would be withdrawn at this meeting. ORDINANCES FOR PASSAGE: 32. "Ordinance No, 1714, 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." 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: Councilman McCall (1). Absent: None. Councilman McCall again expressed his objection to the allowing of leashed dogs in City parks. BILLS: 33. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $117,713.48 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 April 2, 1974, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by Councilman McCall and on r0]] call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 34. Mr. Charles Tillman, 241F Roosevelt Drive, complained of the hardness of the seats occupied by the audience in the Council Chamber. He said this was of particular discomfort during a long meeting with no recess. FILING: 35. Specifications No. PW 4-74-1 - Reconstruction of High Street from Thompson Avenue to the High Street Bridge. 36. Specifications No. PW 4-74-2 - Resurfacing and Minor Repairs of Various Streets. 37. Specifications No. MSP 4-74-2 - One (1) Two Ton Dump Truck with Tilt Cab and Stake Body for Street Department; One (1) Three Quarter Ton Chassis and Cab with Surveyor Body for Engineering Department; One (1) Three Quarter Ton Truck with Utility Body for Street Department. ADJOURNMENT: 38. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday, April 16, 1974, at 7:30 o'clock p.m. Respectfully submitted, City Clerk