1974-08-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - -AUGUST 20, 1974
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 Right
Reverend Monsignor Alvin P. Wagner, Pastor of St. Joseph's Basilica.
ROLL CALL:
The roll was called and Coucilmen Beckam, Corica, Hurwitz, McCall and President La Croix, Jr,
(5) were noted present. Absent: None.
MINUTES:
1. The minutes of the special meeting held August 1, and regular meeting held August 6, 1974,
were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. ~ From Mr. Vern W. Dennen, 1926 Everett Street, regarding animal control.
Mr. Dennen's comments concerning the animal census and advocating a free neutering program were
noted and the communication was referred to the file.
3. ~ From the AC Transit, signed by Mr. William J. Bettencourt, President of the Board of Directors,
concerning the current transit strike.
President La Croix stated this item would be considered under "Resolutions".
4. °' From Mr. John Barni, Jr., 1438 Park Street, requesting permission to address the Council
concerning the payment of a dwelling unit tax for a condominium subdivision located at 2515 Central
Avenue.
President La Croix pointed out that at the time the ordinance establishing the dwelling unit tax
was introduced, he had mentioned it would come before the Council in two weeks' time for final
passage and become effective thirty days thereafter. However, subsequent to that remark and during
the same meeting, he had corrected his statement and reported the ordinance would become effective
immediately upon passage, and it was so reflected in the minutes of the regular meeting of February 20,
1973.
Mr. Barni reviewed, in detail, his communication setting out dates on which the Council had considered
the condominium subdivision and the ordinance. He said he was unaware the ordinance had become
effective immediately upon its passage, and had been of the belief it would not take effect until
April 6, 1375, and relying on this had not paid for and received the Building Permit until March 14,
1973. He contended had he known the correct effective date, he would have acted sooner. Mr. Barni
further stated he was not asked to pay the tax at the time the permit was issued and was not
informed, until April 27, 1973, that it was due and payable to the City. He had then contacted the
City Attorney aDd' had been advised to appear before the City Council; that he had deferred doing
IV until this time. He noted that when the Tentative Map on the Tract had been approved by the
Council, the park and recreation fee had been waived, which would have been payable under the old
ordinance, due to their dedication of open space and land. He questioned whether they should not
be given the same consideration as had the Braddock and Logan subdivision.
The Clerk, on request, verified and read aloud a verbatim transcript of President La Croix' remarks
at the meeting of February 20, 1973, and from the official minutes of that meeting.
Following discussion, it was the unanimous decision of the Council that the request to waive payment
of the dwelling unit tax be denied.
REPORTS AND RECOMMENDATIONS:
5. ` From the Citv Planning Board, signed by the Secretary, making recommendation on proposed
amendments to the Subdivision Ordinance, and ' from the Assistant City Attorney concerning the Sub-
division Ordinance.
The Acting Planning Director, Mr. Robert L. Venable, reported the Board had held four meetings on
the proposed amendments and felt certain sections of the ordinance had been clarified and would
result in a more efficient procedure in subdivision administration.
The Assistant Cjtv Attorney, Mr. Carter Stroud, stated the amendments would update the Subdivision
Ordinance in order ` to more closely conform to the State Map Act. He noted several minor typographical
errors in the ordinance and asked that they be corrected.
Councilmen Hurwitz and Beckam suggested Section ]1-3]23 (a) (11) be changed to read: "Traffic
control, regulatory, warning and guide devices." This met with the approval of the Council and it
was so ordered.
After discussion, Councilman Hurwitz moved acceptance of the reports and asked that the Introduction
of the Ordinance, as corrected and amended, be taken out of order. The motion was seconded by
Councilman Corica and carried by unanimous roll call vote.
There being no objection, the meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
6. Councilman Hurwitz introduced the following ordinance, as corrected and 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 Repealing Article 1, Chapter 3,
Title XI, and Inserting in Its Place a New Article 1, Chapter 3, of
Title XI, Prescribing Rules and Regulations Governing the Planning and
Subdividing of Land and the Filing and Approval of Subdivision Maps."
The motion was seconded by Councilman Beckam 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:
7. From the City Planning Board, signed by the Secretary, making recommendation on proposed
Zoning Ordinance amendments, and from the Assistant City Attorney concerning the Zoning Amendments.
The Assistant City Attorney reported these changes were made necessary by the amendments to the
Subdivision Ordinance. He requested the following sentence be added to Section 11-1226/8\:
"Subsections (c) and (d) shall not apply where their application would create an adjacent sub-
standard parcel." It was so moved.
Councilman Beckam moved acceptance of the reports. The motion was seconded by Councilman Hurwitz
and carried by unanimous roll call vote.
There being no objection, the meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
8, Councilman Corica introduced the f011Ov,fng 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 Section 11-14A5 by
Adding Subdivision (f) Thereto; Amending Section 11-1226; and Adding
Sections 11-14A10 and 11-14All Thereto, Relating to Lots."
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
FiVe, Noes: None. Absent: None.
The meeting reverted to the regular order of business.
UNFINISHED BUSINESS:
9, President La Croix requested the City Manager to make a status report regarding formation of
the Human Relations Commission.
Mr. Goss reported the ordinance establishing the Commission would appear on the agenda of the
regular meeting to be held September 3, 1974, for consideration.
10. Councilman Corica asked the City Manager when the report concerning the need of a Fire Station
on Bay Farm Island would be completed.
Mr, Goss suggested this might be considered in connection with the Capital Improvements Program.
President La Croix stated, for the edification of the audience, that the Capital Improvements Program
would be discussed at the regular meeting to be held September 3.
Councilman Corica commented on the increased traffic which would be generated when building commenced
in connection with the Harbor Bay Isle project, and voiced his concern if an accident on Maitland
Drive and a fire should occur simultaneously.
11. Councilman Corica remarked on the lack of water pressure currently experienced on Bay Farm Island.
Mr. Goss stated the East Bay Municipal Utility District planned to proceed, in October, to install
a 24-inch line replacement of the present 8-inch line. This project should be finished by Spring of
1975' He said a written report would be forthcoming on the subject prior to the next regular meeting
Of the Council.
Councilman Hurwitz suggested no Building Permits be issued for the Harbor Bay Isle project until
assurance was received from EBMUD that they would meet the increased demand for water presure.
The City Manager and Assistant City Attorney explained the Planning Board had inserted a condition
in the Planned Development approval that no more than 600 units would be constructed until the
additional water line or pressure problem was solved.
12. Councilman Corica, in connection with the Goals Study, referred to the Community Survey of
the City of Alameda made by the Alameda Junior Chamber of Commerce in 1960. He recommended that
some of those persons who had been instrumental in its preparation be considered for membership
on the Steering Committee for the Goals Study, namely, Messrs. Donald Bruzzone and Herb Robles.
Councilman Corica requested the Assistant City Manager to submit a written report on the status
Of the Housing Element Study, as he had heard conflicting statements concerning its progress and
preparation.
Mr. Creagh explained the steps which had been taken and expressed his willingness to provide the
written report.
RESOLUTIONS:
13. The following resolution was introduced by Councilman Hurwitz. He stated at the time of his
initial request for the resolution he was unaware of the League of California Cities' Labor
Relations 8i]] (38 2133), which was before the Senate at this time and included a prohibition of
strikes. He moved adoption of the resolution, as written, but expanded to include the Council's
endorsement of the League's bill, and a statement encouraging negotiators rUr both AC Transit
and the Union to enter into continuous negotiations until the issues had been settled.
"Resolution No. 8 51
Requesting Enaction of State Legislation Requiring Mandatory Binding
Arbitration in Labor Disputes for Publicly-Owned Transit Systems."
The motion to adopt said resolution, as amended, was seconded by Councilman Corica and carried
on the following roll call vote. Ayes: Five. Noes: None, Absent: None.
Councilman Beckam said it was his understanding the bill might come up for a third reading in the
Senate on August 21. He suggested telegrams expressing the Council's position be sent to
Senators Petris and Holmdahl, Assemblymen Lockyer and Miller, and Governor Reagan. This met with
the approval of the Council members and it was so ordered. The Clerk was directed to forward
copies of the revised resolution to all Senators, Assemblymen and the Governor.
The President declared the foregoing resolution adopted.
BILLS:
14. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of $54,666.68 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
August 20, 1974, and presented to the City Council at this meeting be allowed and puid. 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:
15' Miss Joan Narahara, 105 Garden Road, commented on the stop sign at the intersection of
Mecartney and Garden Roads. She complained that traffic did not heed the sign.
The City Engineer was requested to refer the matter to the Traffic Advisory Board.
16. Councilman Corica moved the Council retire to executive session for consideration and discussion
Of personnel matters and current and pending litigation. The motion was seconded by Councilman
Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
After a five-minute recess the Council reconvened in the Conference Room of the City Hall for
its deliberations.
Following discussion, Councilman Beckam moved the Council conclude this portion of its executive
session. The motion was seconded by Councilman Hurwitz and on roll call carried by unanimous vote.
Councilman Beckam moved appointment of Mr. Carter Stroud as Acting City Attorney, effective August 20,
1974. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote.
Ayes: Five. Noes: None. Absent: None.
17. Councilman Beckam moved the Council again retire to an executive session for discussion of
current and pending litigation. The motion was seconded by Councilman Hurwitz and carried
unanimously on roll call vote.
At the conclusion of the discussion, it was determined no further action would be taken at this
meeting,
ADJOURNMENT:
18. There being no further business to come before the meeting, the Council adjourned, to assemble
in regular session on Tuesday, September 3, 1974, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk