1974-07-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - --- - - - - - - JULY 16, 1974
The meeting convened at 7:30 o'clock p.m. with Vice President Corica presiding. The Pledge
Of Allegiance was led by Councilman Hurwitz and was followed by an Invocation delivered by the
Reverend Richard S. Neely, Pastor of the Alameda Baptist Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Hurwitz and Vice President Corica, (3), were
noted present. Absent: Councilman McCall and President La Croix, Jr', (2).
MINUTES:
1. Councilman Hurwitz moved the minutes of the special meeting held June 27, and regular meeting
held July 2, 1974 be accepted as transcribed. The motion was seconded by Councilman Beckam and
Carried on the following roll call vote. Ayes: Three. Noes: None, Absent: Councilman McCall
and President La Croix, Jr,, (2).
2. Vice President Corica invited the City Manager to introduce the young men who were working
as Interns in various Departments. Mr. Goss stated they would be working full-time during the
summer months and, hopefully, would continue part-time during the school year. He introduced
Steven Wong, Recreation; Steven Lee, Planning; Barry Murphy, Personnel; and Greg Ballenger, City
Manager's office. He stated Hal Fre0ming, assigned to the Police Department, was unable to attend
this meeting.
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
3. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8234
Establishing Initial Membership of Design Review Board."
The motion tO adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Three. Noes: None. Absent: Councilman McCall and President La Croix,
Jr., (2).
The City Clerk, on request, administered the Oath of Office to the newly appointed Members of the
Design Review Board, Messrs. Joseph D. Cervelli, John C. Friedman, Richard E. Hanson, Jr.,
David M. Tuchsen, and later in the meeting to Robert Duncan Nicol.
Vice President Corica welcomed the Board members and commended them for their willingness to serve.
The meeting returned to the regular order of business.
WRITTEN COMMUNICATIONS:
4. Continued from the regular meeting of July 2, 1974, from the Alameda Chamber of Commerce,
signed by Mr. Don Lindsey, Chairman, Land Use and Environmental Resources Planning Committee,
opposing ordinances, as drafted, relating to proposed Real Property Conveyance Tax, Dwelling Unit
Tax, and Land D8dicdtiUD,
The communication was referred to the file to be included in the overall consideration of the
ordinances at the time of the public hearing.
5. Continued from the regular meeting of July 2, 1974, from the Alameda Chamber of Commerce,
signed by Mr. Donald J. Gphb, President, suhmitting a proposed ordinance imposing a tax on transient
occupancy.
Vice President stated the City Manager had been requested to prepare a report on this and the previous
agenda communication, and anyone desiring a copy of his report should address a request to the City
Manager's office.
6. From the Honorable Fred F. Cooper, Supervisor Third District, transmitting warrant in the
amount of S197,026.27, representing City's 1973-74 fiscal year allocation out of Mayor's Gas Tax
formula.
The Clerk was directed to acknowledge the letter and express the appreciation of the Council.
7. From the Alameda City Dental Society, signed by Dr. Robert P. Scholz, President, requesting
endorsement of their fluoridation campaign.
Vice President Corica read the communication aloud for the benefit of the audience.
Dr. Joel M. Boriskin, D.D.S., Alameda County Dental Officer, reported petitions containing 30,000
signatures had been submitted to the Water Board in support of water fluoridation. He said it
was the recommendation of the Special Committee on Fluoridation that the mutter be on the ballot
for the November Election.
Councilmen Hurwitz and Beckam expressed their support. There being no objection, the meeting
proceeded to "Resolutions".
RESOLUTIONS:
8. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
'Resolution No. 8235
Supporting Fluoridation of Local Water Supplies."
The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following
roll call vote. Ayes: Three. Noes: None. Absent: Councilman McCall and President La Croix, Jr.,
(2)
The Clerk was directed to mail a certified copy of the resolution to The Honorable Thomas H. Bates,
Supervisor Fifth District, Chairman of the People for Fluoridation.
The meeting reverted to the regular order of business.
WRITTEN COMMUNICATIONS:
9. From Mr. David White, 3216 San Leandro Street, Oakland, suggesting method to increase City
revenue.
The communication was referred to the file.
ORAL COMMUNICATIONS, AGENDA:
10. Mr. Donald R. Silverman, Attorney representing the subdividers in connection with "Reports and
Recommendations", Item No. 2, stated he would be available to answer any questions the Council might
have on the matter.
HEARINGS:
11. In the Mutter of a Petition to Rezone property located at 1930 Main Street, owned by the
Southern Pacific Company, from the "R-4-G", Neighborhood Apartment District, Government, to the "C-l",
Neighborhood Business District, filed by Mr, William Peacock for Lange-Hilde Realtors.
The Clerk stated there was on file the Affidavit of Publication of the notice that this would be the
time and place for Hearing on the matter, all interested parties had been notified, and the minutes
Of the Planning Board meeting at which the petition had been considered had been sent to the
Councilmen.
Vice President Ccrica reviewed procedures to be followed in the Hearing.
On request, Mr. Phillip Judge, Associate Planner, stated the Planning Board recommended approval
of the rezoning request which covered an approximately 11,000 square foot parcel at the corner of
Atlantic Avenue and Main Street. He distributed photographs showing the present use of the site and
stated occupation by the Circus Market constituted a non-conforming use. Mr, Judge said the
developers proposed building a 7-11 Market on the site, if the rezoning were granted, which in his
and the Board's opinion would be a benefit to the City's interest. He reported the Planning Board
had determined there would be no adverse impact to the City's General Plan if the rezoning were
approved.
Councilman Hurwitz questioned the statement in the recommendation and report that, "if the 7-11 was
not built they should seek action to revert the property to its present 'R-4-G' designation." He
asked if that meant the present structure would be removed.
Mr. Judge replied the Planning Board had determined that if the 7-11 did not materialize, the zoning
would revert to "R-4-G'. He also stated the Circus Market's lease had been terminated and the
building would be vacated, regardless of action taken by the City Council.
City Attorney Cunningham stated the issue befcre the Council was whether or not 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 fcr proponents, Mr. William Peacock stated the building on the site would be removed
along with the billboards; utilities would be undergrounded and landscaping developed; parking for
the facility would be on-site.
On the call for opponents, there was no response. The hearing was declared closed.
During discussion, Councilman Hurwitz remarked the proposed project would be an improvement, but
that he would be opposed to a return to apartment use.
Councilman Beckam moved the recommendation of the Planning Board be approved and the subject property
rezoned from the "R-4-G", Neighborhood Apartment District - Government, to the ^C-l", Neighborhood
Business District. The motion was seconded by Councilman Hurwitz and carried on the following roll
call vote. Ayes: Three. Noes: None. Absent: Councilman McCall and President La Croix, Jr., (2).
There being nO objection, the meeting proceeded to "Introduction 0f 0~diOanceS"'
INTRODUCTION OF ORDINANCES:
12' 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-4-G^ to "C-lx, 1930 Main Street)
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
Three. Noes: None. Absent: Councilman McCall and President La Croix, Jr., (2).
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
13. From the Assistant City Manager and City Auditor, submitting report of Count of Money held
May 15, 1974, indicating the sum of S11,700,745.14 in the City Treasury at that time.
Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Beckam
and carried on the following roll call vote. Ayes: Three, Noes: None. Absent: Councilman
McCall and President La Croix, Jr', (2).
14. From the City Manager, recommending approval of the Final Map for Tract No. 3534. (2133
Santa Clara Avenue - Price Anders and Hoopough, Subdividers)
Attorney Donald Silverman reported the project was now complete, the Notice of Completion had been
filed, the new Building Notices were filed June 26, 1974, He stated they had received
tentative approval from the State and would go to a formal approval as soon as the City Council
process was completed.
CcunCilman Beckam moved the report be accepted. The motion was seconded by Councilman Hurwitz and
carried on the following roll call vote. Ayes: Three. Noes: None. Absent: Councilman McCall
and President La Croix, Jr., (2).
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
15. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8238
Approving Final Map of Condominium Subdivision known as Tract 3534,
Authorizing Execution of Agreement for Construction of Public
Improvements Therein, and Approving Faithful Performance Bond as to
Sufficiency. /2133 Santa Clara Avenue)"
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Three. Noes: None. Absent: Councilman McCall and President La Croix,
Jr., (2).
The meeting reverted to the regular order of business.
REPORTS AND RECOMMENDATIONS:
16' From the City Manager, recommending approval of the Final Map for Tract No. 3559. (Garden
Isle Townhouses - Braddock & Logan, Developers)
Councilman Hurwitz moved the report be accepted. The motion was seconded by Councilman Beckam and
carried on the following roll call vote. Ayes: Three. Noes: None. Absent: Councilman McCall
and President La Croix, Jr., (2).
There being no objection, the meeting proceeded to "Resolutions".
RESOLUTIONS:
17. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8237
Approving Final Map of Subdivision Known as Tract 3559, Authorizing
Execution Of Agreement for Construction of Public Improvements
Therein, Approving Faithful Performance Bond as to Sufficiency, and
Accepting Certain Easements, and Parcels of Land (Braddock & Logan,
A Copartnership, Subdividers)."
The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following
roll call vote. Ayes: Three. Noes: None. Absent: Councilman McCall and President La Croix, Jr',
(2).
Councilman Beckam moved approval of an extension of time of 28 days maximum for completion of the
specified improvements. The motion was seconded by Councilman Hurwitz and carried on the following
roll call VOte, Ayes: Three. Noes: None. Absent: Councilman McCall and President La Croix, Jr.,
(2)
24. From the City Manager recommending approval of a Lease between the City and Robert E. Fannon.
Councilman Hurwitz moved the report be accepted. The motion was seconded by Councilman Beckam
and carried on the following roll call vote. Ayes: Three. Noes: None. Absent: Councilman
McCall and President La Croix, Jr., (2).
There being no objection, the meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
25. Councilman Beckam introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
Authorizing Lease of Real Property to Robert E. Hannon (80' x 100'
North End of Webster Street)."
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
Three. Noes: None. Absent: Councilman McCall and President La Croix, Jr., (2).
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
26. From the City Manager transmitting proposed Capital Improvement Budget for 1974-75,
City Manager Goss stated the report would be available at the Library for public review and anyone
desiring a copy should address their request to his office. He suggested a public hearing be
scheduled to receive input from the public on the program. Mr. Goss said he was also preparing
another report which would set out the various sources of additional revenue available to the City.
Councilman Hurwitz moved acceptance of the report and that a public hearing be set for the next
regularly scheduled meeting of the Council on August 6, 1974. He commended the City Munu7er for
his excellent report. The motion was seconded by Councilman Beckam and carried on the following
roll call vote. Ayes: Three. Noes: None. Absent: Councilman McCall and President La Croix,
Jr', (2).
UNFINISHED BUSINESS:
27. Continued from the regular meeting of June 18, 1974, from Mr. Jacob Levitan, Attorney,
requesting permit be issued to East Bay Sanitary, Inc., to haul refuse from the North and East
Housing Areas of the Naval Air Station.
Vice President Corica related Attorneys for both sides had requested this matter be continued to
the meeting of August 6, 1974. It was so ordered.
A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of
business.
RESOLUTIONS:
28. "Resolution No.
Authorizing Agreement with Urban Management Consultants of San
Francisco, Inc., for Preparation of City's Goals Development
Project."
Vice President Corica questioned the costs of the project. He said it was his understanding the
consultant would be paid S58,792 with the City receiving reimbursement from H.U.D. in the amount
Of S45,000' He said he did not object to the S13,000 expenditure but believed the same results
could be obtained with a Housing Study. He stated his main concern was the amount of personnel
costs not included in the City's S13,000 contribution.
The City Manager stated the S58,000 represented direct payment to the consultant for the project,
although the Agreement did provide deletions for work the City could perform which would reduce
the amount due the consultant. In addition, "in-kind" services or staff support directed toward
the study were required and these services would be most difficult to determine.
On request, Mr. Peter Briggs, of Urban Management Consultants of San Francisco, Inc., discussed
the proposal. He stated the main portion of City support would be in the early stages of the
study which required the formation of citizen input groups. He discussed the method of the study,
its purposes and results and what would be required from the City. He said the consultant firm
proposed meetings with the City Council, staff and City Boards to get a general idea of what the
issues seemed to be. The next step would be a questionnaire sent to residents in Alameda to deter-
mine what they felt were the issues. Results of this survey would then be Compared with results of
surveys taken in 1962 and 1968. He elaborated further on their written proposal and answered questions
of the Council.
Vice President Corica stated he had not received the minutes of the meetings held by the Committee
and felt that before any brochures or questionnaires were distributed, they should be reviewed by
the Council. He said he felt the same results might be obtained by putting the questions on a
ballot, at less cost, as he thought a questionnaire sent to each household or town hall-type meetings
would bring little response.
Mr. Briggs stated the meetings would be well advertised. Concerning a ballot measure, he thought
the response would probably be larger. However, he questioned how the issues to be put on the ballot
would be determined, and stated this might come about as a result of the goals study.
Councilman Beckam objected to placing pre-determined questions on a ballot without first obtaining
input from the community. He said he believed through the process of public meetings considerable
background material could be obtained which might bring out goals, aside from the housing issue,
Such as increasing the tax base without increasing the tax rate, social needs, recreational needs,
and possibly 0th2rs. He questioned whether without this community involvement in drawing up ballot
questions, the electorate would have sufficient understanding of the issues and the results of what
they would be voting on.
Following an exchange of opinions between Vice President Corica and Councilman Beckam, Councilman
Beckam moved the issue be tabled until the meeting of August 6, 1974. The motion was seconded by
Councilman Hurwitz and carried on the following roll call vote. Ayes: Three. Noes: None. Absent:
Councilman McCall and President La Croix, Jr', (2).
City Manager Goss reported written notice had been received that the H.U.D. grant had been authorized.
He pointed out the City would benefit by the study, as it was required to complete various elements
Of its General Plan. He noted the Housing Element was now overdue and the Council had recently
adopted a resolution requesting an extension of time within which to file this and several other
Elements; that a requirement of preparing the Elements was public input and the Goals Study, as set
Up, would meet that requirement.
The City Attorney stated the resolution adopted requesting an extension of time had set out, as one
of the most important reasons for the request, the anticipated existence of the 701 H.U.D. program
for the Goals Study.
29. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8240
Authorizing Execution of Service Contract with State of California
Relating to Modification of Existing Traffic Control Signal System
at Intersection of Central Avenue, Encinal Avenue and Sherman Street
(State Highway Route 61\'"
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Three. Noes: None. Absent: Councilman McCall and President La Croix,
Jr., (2).
30. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8241
Adopting Budgets for Expenditure of Funds Apportioned From the
Highways Users Tax Fund to Cities."
The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following
roll call vote. Ayes: Three. Noes: NVne, Absent: Councilman McCall and President La Croix,
Jr., (2).
31. The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8242
Designating Building Code Board of Appeals as Appellate Agency for
Purposes of Section 8 of Ordinance No. 1719 N.S. Adopting Uniform
Fire Code."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Three. Noes: None. Absent: Councilman McCall and President La Croix,
Jr., (2).
32. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Res0lutior. No. 8243
Setting Public Hearing After Determination by Alameda County Airport Land
Use Commission Relating to City's Action on PD Application No. 74-1 and
Zone Change No. R-74-3 -- Harbor Bay Isle Associates (August 6, 1974\,o
Vice President Corica asked the City Attorney if the Planning Board would be required to override
the ALUC determination. Mr. Cunningham said it was not a requirement, in his opinion.
Councilman Beckam inquired if there was any indication when President La Croix would be physically
well enough to resume his seat on the Council. The City Attorney replied he had seen President
La Croix, who could nct state as a certainty his ability to attend the August 6 meeting.
Mr. Cunningham, on request, explained the issues and outlined the procedure to be followed. He
stated the matter was of some importance and the date of August 6 had been a suggested date,
however if a full Council were not present on that date, the matter could be continued.
Ccuncilman Beckam moved the item be tabled until such time as all members of the Council might
be in attendance. The motion died for lack of a second.
Vice President Corica stated it could not be determined at this time when all members of the
Council might be present.
The City Manager advised he had spoken to President La Croix late this afternoon and although
there was uncertainty as to when he might return, he had forwarded his request to the Council that
the Hearing be set for August 6, 1974.
Attorney James B. Davis, 1134 8allena Boulevard, addressed the Council. He stated the matter was
complex and of great importance to his client and he felt entitled to have the entire Council
present at the Hearing. He stated they would prefer the matter be set for August 6, and if the
President were not present, they would request a continuance.
Following a lengthy discussion, the motion to adopt said resolution was seconded by Councilman
Beckam and carried on the following roll call vote. Ayes: Three. Noes: None. Absent:
Councilman McCall and President La Croix, Jr., (2).
The Clerk was instructed to publish a notice of the Hearing.
A five minute recess was called. Upon reconvening, the meeting continued with the regular order
Of business.
The Vice President declared the foregoing Resolutions adopted.
INTRODUCTION OF ORDINANCES:
33. Councilnan Hurwitz introduced the following ordinance, 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 Section 2-L6 Thereof,
Relating to Order of Business of City Council."
The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes:
Three. Noes: None. Absent: Councilman McCall and President La Croix, Jr', (2).
Vice President Corica explained this would merely reverse the positions of Written Communications
and Oral Communications, Agenda.
34. Councilman Hurwitz introduced the following ordinance, after which it would be laid over
under provision of law and the Charter:
"Ordinance No.
New Series
Authorizing Quitclaim to Portion of Vacated Alleyway to Paul W.
Nelson and Mary J. Nelson, His Wife (8' x 34' - Buena Vista
Avenue Between Paru Street and Hibbard Street).
The motion was seconded by Beckam and carried on the following roll call vote. Ayes:
Three. Noes: None. Absent: Councilman McCall and President La Croix, Jr', (2).
35. Councilman Hurwitz introduced the following ordinance, after which it would be laid over
under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Amending the Alameda Municipal Code by Amending Sections
17-351 and 17-352 Thereof, Relating to Extended Parking of Vehicles."
The motion was seconded by Beckam and carried on the following roll call vote. Ayes:
Three. Noes: None, Absent: Councilman McCall and President La Croix, Jr', (2).
ORDINANCES FOR PASSAGE:
36. "Ordinance No. 1722,
New Series
An Ordinance Amending Certain Portions of the Alameda Municipal Code
Relating to Traffic Regulations."
Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by
Councilman Hurwitz and on roll call carried by the following vote. Ayes: Three. Noes: None.
Absent: Councilman McCall and President La Croix, Jr., (2).
BILLS:
37. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of S58,657.94 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 Hurwitz moved the bills as itemized in the List of Claims filed with the City Clerk on
July 16, 1974, 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: Three.
Noes: None. Absent: Councilman McCall and President La Croix, Jr', (2).
FILING:
58. Affidavit of City Manager and Chief of Police - re Police Secret Fund for period of January 1,
1974 through June 30, 1974'
39. Agreement - Between Subdividers and City - re Final Map for Tract No. 3534.
40. Agreement - Between Subdividers and City - re Final Map for Tract No. 3559.
41, Agreement - Between Subdividers and City - re Parcel Map No. 1458.
42. Agreement - Between Urban Management Consultants of San Frarcisco, Inc., and City - for
preparation of City's Goals Development Project.
43. Service Contract - Between State and City - re modification of existing traffic control
signal system at intersection of Central Avenue, Encinal Avenue and Sherman Street
(State Highway Route 51).
44. Lease of Real Property - Between Robert E. Hannon and City - re 80' x 100' at North end of
Webster Street.
ADJOURNMENT:
45. There being no further business to come before the meeting, the Council adjourned, to assemble
in regular session on Tuesday, August 6, 1974, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk