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1974-10-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - OCTOBER 15, 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 Reverend Donald Zerbe, Pastor of the Twin Towers United Methodist Church. ROLL CALL: The roll was called and Councilmen Beckam, Corica, Hurwitz, McCall and President La Croix, Jr., (5), were noted present. MINUTES: 1. Councilman Corica requested the minutes of the regular meeting held October 1, 1974, be corrected under "Hearings", Item 10, paragraph 4, to indicate the Real Property Conveyance Tax would create an increase from the current $33 to $132 on a home selling for $30,000, or a total increase of $99. The Clerk was directed to so correct the official minutes, which were then approved. WRITTEN COMMUNICATIONS: 2. ^ From Mrs. Arthur Heche, 1521 Union Street, suggesting location of the original Encinal Yacht Club be marked as a historical site. President La Croix directed the communication be referred to the Historical Advisory Commission, when it is formed, for study. Councilman Hurwitz stated the Historical Society had prepared a list of probable or possible sites and expressed his hope the City would have funds available to erect markers. Councilman Corica asked the City if the Housing and Community Development Act of 1974 would cover historical sites. Mr. Goss replied this was a possibility as there were a number of areas which could be funded by the Act, however, mainly housing projects. 3.' From the Commission for Alameda Meals on Wheels Program, signed by Reverend Raymond Currie, Chairman, requesting consideration be given to providing City funds to assist in continuing the program. Mrs. Anne Diament, 1409 St. Charles Street, stated Reverend Currie had been unable to attend this meeting and she wished to second their plea for consideration in helping the Commission fund its program. She reported public support had been very good but it was a "hand to mouth" existence, and suggested this type of program should be a consideration of City government. President La Croix suggested the request be forwarded to the City Manager for a complete evaluation Of the program. It was so Vrdered, 4. From Alameda Animal Rescue and Control, signed by Mrs. Carmen Lasar, transmitting SB 179 (1970) and decision rendered by Legislative Counsel concerning veterinary emergency care of impounded animals. President La Croix expressed the opinion the City was complying with the requirements of SB 179, and referred to an agenda item recommending purchase of a citizens band radio system which would provide significant assistance in the operational efficiency of the animal control program. Mrs. Lasar, 612 Waterview Isle, stated it was her interpretation of SB 179 that emergency veterin- ary � � must be furnished at the expense of the City. She remarked that there was presently �ry 3�rV � U ' � - — � t for that which had been volunteered by the veterin- arians, after hours emergency care available exC�p � , arian3" D0d there was no reliable or definite program in this regard. Following discussion, the City Manager was directed to contact veterinarians as to commitments they would be willing to make both as to dollars and providing standby emergency services; and to obtain a policy statement from the Police Department as to their procedure when informed of injured or dead animals during hours when the Pound was closed. The Acting City Attorney was requested to render an opinion on SB 179 and its effect on present operations. Councilman Beckam asked that this information be included in a report he had previously requested on the Pound operation and that the report be forthcoming prior to the regular meeting of November 19, 1974. 5.\ From T. F. Torrey, 2201 San Antonio Avenue, requesting stop signs be installed at the corner of San Antonio Avenue and Walnut Street, and submitting a petition signed by 26 residents of the immediate area. On request, the City Engineer reviewed his report which reflected this was a standard intersection with no particular accident history and there were already two stop signs at the intersection. He Stated Mr. Torrey had been apprised of this and the Traffic Advisory Committee had seen no reason to make changes. Mr' Torrey stated his concern was with the number of children in the area who had very little play area; that cars did speed up between the two existing stop signs and he and other neighbors felt there was a need for additional stop signs for the protection of the children. He related the limited visibility afforded vehicular traffic because of the parking situation in the area and the large buildings which occupied each corner. Councilman Beckam suggested the sight distance might be improved by trimming existing bushes, possibly installing crosswalks, establishing no parking zones within 20 feet of the crosswalks, and selected enforcement. After discussion, the City Engineer was directed to consider the suggestions made by Councilman Beckam and investigate alternatives to lessen the problem. 6. ` From Mr. John Barni, Jr., 1438 Park Street, requesting abandonment of a twenty-foot portion Of Market Street located in front of property known as 1228 Market Street, owned by Mr. M. P. Cameron. President La Croix reported the City Engineer had recommended the City take the necessary steps to close the area and it was so ordered. 7. ' From Mrs, James R. McNish, 1812 Schiller Street, requesting a revocable permit to allow a brick and wrought iron fence to encroach into the public right of way in front of her home. The communication was referred to the City Engineer for report and recommendation. REPORTS AND RECOMMENDATIONS: 8. ' Continued from the regular meetings of September 17, and October 1, 1974, from the City Manager recommending approval of the Final Map for Tract No. 3598. (Harbor Bay Isle Associates, Subdivider\ On request, Acting City Attorney Stroud reported the preliminary injunction hearing would resume later in the week in Alturas and the Judge had indicated he would allow the City to proceed with any paperwork or permits, but the developer could not commence construction until he had ruled on the matter. Councilman Hurwitz said it was his understanding the matter of the remaining 225 units in Neighborhoods 1 and 2 would be considered by the Planning Board on October 15. He moved the recommendation before the Council be continued to their next regular meeting when both matters might be considered as a whole. The motion was seconded by Councilman Corica. There was a discussion of procedures to be followed as set out in the Subdivision Ordinance. The Acting City Attorney reported the Planning Board had already approved the Tentative Map for the 240 units. Mr. James B. Davis, 1134 Ballena Boulevard, attorney for the subdivider, stated there was no connec- tion between the 15 units under consideration this evening and the additional 225 units. He related that under the Subdivision Ordinance the subdivider was allowed to come in with a Final Map in any segment basis which they desired, and suggested it would be very unusual to set it off because of some other pending procedure. He stated their purpose for the first 15 units was to build model homes. Mr. Davis stressed it was of extreme importance that the Final Map for these 15 units be approved in order that they might start construction as soon as the Judge had ruled on the motion for preliminary injunction. He alleced the delay was costing the subdivider approximately $10,000 per day. On question, Mr. Davis reported the Final Map for the remaining 225 units would not be ready for submission to the Council for some period of time as there were changes proposed which had to be approved by the Planning Board. The Acting City Attorney stated the Planning Board had worked out a procedure with the developer for the approval of the 225 units remaining in this Tract; that the Board had approved the 15 units, irrespective of the other 225, but had established ground rules to guarantee the presentation of an overview before approving any additional segments, to which the developer had agreed. Mrs. Helen Freeman, 831 Laurel Street, referred to Section 51890 of the Water Code, and in particular to Part 7, Chapter 2, Article 1, relating to re-apportionment of assessment districts. She questioned whether the developer had complied with these provisions and was advised by the Acting City Attorney the matter had no bearing on the proceeding before the Council. At the conclusion of discussion, Councilman Hurwitz withdrew his motion for continuance and Council- man Corica withdrew his second to the motion' The City Engineer was requested to furnish the Council members with a list of the stipulations made in connection with both the Tentative and Final Maps of this tract. On question put by Councilman Corica, he noted the widening of Maitland Drive would commence simultaneously with construction Of the remaining 225 units in the subdivision. Councilman Beckam moved acceptance of the report. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Fiv2, Noes: NODe, Absent: None. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 9. The following resolution was introduced by Councilman Beckam, whb moved its adoption: "Resolution No 8273 Approving Final Map of Subdivision Known as Tract 3598, 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 (Harbor Bay Isle Associates, Subdivider)." 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. The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 10. From the City Planning Board, signed by the Secretary, making recommendation on Zone Change No. R-74-6, filed by Richard Perata, agent for Beatrice Goldsmith, John Frye, and LeRoy J. Kjnzel, to rezone properties located at 1410 Sherman Street, 1511 and 1507 Central Avenue, and adjacent properties located at 1301 and 1310 Central Avenue, fro the "C-l", Neighborhood Commercial District, to the nR-4'/, Neighborhood Apartment District. President La Croix reported that he and the City Engineer had spent this date in Superior Court on a matter relating to this issue, which case had been continued for further hearing on October 25. The hearing date on the rezoning application was set for the next regular meeting of the Council to be held on Tuesday, November 5, 1974. 11. From the Design Review Board, signed by the Chairman, transmitting the preliminary Design Review Manual. Councilman Hurwitz moved acceptance of the Design Review Manual, as r2Cefved. The motion was seconded by Councilman Beckam. There followed a discussion as to the desirability of providing for design review of nR-1" construction and it was ordered this suggestion be referred to the Design Review Board for their eVd]UdtiOn. It was further recommended, by Councilman Hurwitz, that public agencies be apprised of the Board's function as it related to public buildings. On a call for the question, the motion carried on the following roll call vote. Ayes: FiYP, Noes: NOD2, Absent: None. 12. From the City Auditor, submitting report of Count of Money held August 14, 1974, indicating the sum of $11,121,009.50 in the City Treasury at that time. Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Beckam and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 13. From the City Manager reporting completion of public improvements in connection with Tract No. 3391, requesting acceptance and release of the $10,000 cash deposit guarantee. (2426 Lincoln Avenue - D. B. BitOer\ Councilman Beckam moved the improvements in connection with said Tract No. 3391 be accepted and the cash deposit guarantee be released. The *0tiOn was seconded by Councilman Hurwitz and on roll call carried by the following vote, Ayes: Five. Noes: None. Absent: None. 14' From the City Manager recommending Golf Pump equipment be purchased on the open market from Argo Pump Co. in the amount of approximately $l1,844. Councilman Corica moved authorization be given to purchase the specified equipment, as recommended. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None. 15. From the City Manager recommending Citizens Band Radio System for the Engineering Deportment be purchased on the open market from Motorola in the amount of $14,956.59, Councilman Beckam moved approval and acceptance of the recUmm8ndotiOn. The motion was seconded by Councilman Hurwitz and carried by unanimous roll call vote. 16. From the City Manager recommending radio equipment for the Police Department be purchased OD the open market from Motorola in the amount of $5,142.82- Councilman Beckam moved approval and acceptance of the recommendation. The motion was seconded by Councilman Hurwitz and carried by unanimous roll eel vote. 17, From the City Manager reporting on lease of the City Dump to the East Bay Regional Park District for park purposes. Councilman Corica questioned the need for immediate action on the matter. He expressed the opinion that this tied in with the purchase of the Wood property by the Alameda Unified School District for the relocation of Lincoln 5ChOOl, He said he could not approve, at this time, disposing of the dump site and felt the City could create a recreation area there at the proper time. He remarked on the arrangement with the EBRPD for maintenance of the South Shore Beach and stated his dissatis- faction with the progress which had been made to prevent the beach odor and the responsibility placed upon the City for control of the beach erosion. Councilman Hurwitz said he, too, thought erosion control problems might arise but felt the site was earmarked for a park and should become a part of the San Leandro Bay Plan. President La Croix referred to a letter received from Mr. Richard C. Trudeau, General Manager of the East Bay Regional Park District, in which it had been stated their attorney had advised the matter must be settled no later than November 1. Mr. Jerry Kent, Assistant General Manager of the East Bay Regional Park District, stated their position on erosion would be the same as on the South Shore agreement. He said that basically erosion control-type projects tended to be extremely expensive and beyond the recreational aspects of a project of the land Use. He noted, as in the South Shore project, they would look to the U.S. Corps of Engineers and other agencies for this type funding rather than local tax funds. He said they would propose to use District funds or accept the responsibility for the development and operation of the recreational aspects of the property and try to get others to do the erosion con- trol, i.e., the U.S. Corps of Engineers, the State, and the property owner. He stated the District had obligated itself in the propesed agreement for the recreational portions and development and operation of those portions; that under the proposed contract the City would still have the respon- sibility for erosion control. On questions put by Councilman McCall, Mr. Kent explained the public hearings which had been and would be held in connection with their Master Plan and the development of the San Leandro Bay Plan, and stated the City of Alameda would be the first agency to sign an agreement with the District and negotiations were almost completed with the Port of Oakland. There followed a general discussion of the San Leandro Bay Plan and the retention of the dump site by the City for its development as a recreation area. Councilman McCall said he felt a public hearing should be held in the immediate neighborhood so all affected property owners might be advised of the proposal of the EBRPD and be given the opportunity to voice their opinions. Supervisor Fred Cooper offered explanation of the San Leandro Bay Plan and stated he was of the opinion joint planning would resolve the problems. He noted the U.S, Corps of Engineers and Alameda County Flood Control District would assist. After further discussion, Councilman Hurwitz moved the City enter into the agreement, as stated, for the dump site. The motion was seconded by Councilman Beckam. Councilman Beckam suggested, in connection with the erosion control work, that the agreement be amended by eliminating in paragraph 9, Erosion Control, the sentence reading "The District shall have no obligation to perform erosion protection control work, but may elect to do so, in its sole discretion." and replacing it with the following: The parties shall jointly seek funds to perform erosion protection control work but either party may elect to do so, at its sole discretion." Councilman McCall suggested a provision be added to the agreement to the effect that, in no event, would the Golf Course be encroached upon because of the project. The Acting City Attorney mentioned that the word "breach" should be deleted from paragraph 9, Erosion Control, first line. On question, Mr. John J. Leavitt, Vice President of the East Bay Regional Park District, stated their Board would have no objection to the suggested amendments to the agreement. Councilman Hurwitz moved his original motion be amended to encompass the suggestions of Councilmen Beckam and McCall. The amended motion was seconded by Councilman Beckam. On a call for the question, the motion carried on the following roll call vote. Ayes: Three, Noes: Councilmen Corica and McCall, (2). Absent: None. A ten-minute recess was c8lled. Upon reconvening, the meeting continued with the regular order of business. 18. From the City Manager reporting on use of a portion of the Wood property for park purposes by the East Bay Regional Park District. The City Manager summarized his written report and the reports of the Recreation Director and City Engineer evaluating the use of the parcel as a pork. He recommended, if the Council were inclined to approve the concept of including the eight acre parcel as part of the shoreline park, it be done only with the following understandings: (1) That neighborhood as well as City and School District input be permitted in planning the design of the park; (2) That the City and the School District be permitted approval of the final design for development of this parcel; and (3) That a commitment satisfactory to the City Engineer for dedication of street right-of-way, street improvements, storm drain and other related improvements be provided by the Park District. Mr. Goss pointed out the General Plan currently did not show the area for park and/or open space pur- poses and there were presently two public parks, Lincoln and Krusi, in close proximity to the neighborhood. President La Croix stated he would not recommend entering into any agreement to acquire the property as a park site until such time as proper hearings had been held in the area. Councilman Hurwitz agreed with President La Croix' statement, but said he would like to see what difference would be made in cost to the City if the extension of Fernside Boulevard were 2lf0in3ted. He asked, if the Council were to take no action on the 8-acre site, if it would remain the property of Mr. Wood. President La Croix suggested the School District might wish to acquire it, and Mr. John J. Leavitt, stated there was a possibility the East Bay Regional Park District would purchase the land and put it into reserve for subsequent determination. He reported their staff felt it was most important this section of land be placed into the total concept of the San Leandro Bay Plan. There followed a discussion concerning the purchase price of $50,000 per acre for the proposed park parcel and the possibility of a claim for severence damages by the seller against the School Dfstrict, Mr. Jerry Kent reported the Park District had authorized the purchase of the Wood property if certain conditions could be met, namely, an operating agreement for the Dump site, and secondly, the resolution of the extension of Fernside Boulevard or the responsibility for construction of improvement of the Fernside extension, if the Council chose to make that decision. He said they were still faced with the problem of the severence suit against the school district proceeding on November 1, 1974, if the Park District did not purchase the parcel. He stated if the Council took no action on the Wood property or the Fernside extension problem, they could not proceed with a purchase of the property in terms of forestalling the severence 3Uit. Councilman Corica repeated his previously expressed opposition to the purchase of a portion of the Wood property by the School District for the relocation of Lincoln School. At the conclusion of further discussion, Councilman Hurwitz moved acceptance of the City Manager's report. The motion was seconded by Councilman Corica and, on roll call vote, carried unanimously. UNFINISHED BUSINESS: 19. Councilman Hurwitz noted that on June 18, 1974, the City Planning Board had requested the Council to take action placing a temporary moratorium on COnd0rinium conversions. He stated at that time the Council had not felt the matter was urgent. However, in reconsidering the request and in view of the number of condominium conversions coming before the Planning Board and the Council for approval, he would move the matter be raised from the table at the next regular meeting to be held November 5, 1974; that an Interim Ordinance be prepared for consideration at that meeting; and no condominium conversions be approved prior to that time. The motion was seconded by Councilman McCall and carried on the following roll call YOte, Ayes: Five. Noes: None. Absent: None. 20. President La Croix recalled prior consideration by the Council of the Master Plan for Washington Park. He said, in reviewing the Plan, he would request it be revised to preserve the present location of the baseball infield and to relocate the tennis courts to the lower section and the parking areas. Councilman Corica voiced his endorsement of the request, as did Mr. Rich Sherratt, 1150 Regent Street, President of the Alameda Athletic Association. The City Manager was directed, through the Director of R8cr2ati0r and Parks, to contact the landscape architect regarding the development of an alternative Washington Park Master Plan, 21. Councilman Hurwitz commented on Section 18-311 of the Alameda Municipal Code which prohibited the posting of literature on utility poles within the City. He stated the City Clerk had advised all candidates in the upcoming election of this prohibition and asked that all persons noting violations report them to the City Clerk. 22. Councilman Hurwitz said he understood the Chamber of Commerce had a committee working with AC Transit with a view toward providing better service to the C0mmUDity. He stated he would be interested in receiving a report on their progress. The City Engineer reported a number of his staff had been working with the committee and they would ask for a progress report to the Council. He said the principal problem discussed with AC Transit was the corridor leading to the Oakland Airport. Councilman Beckam referred to his and Councilman McCall/s previous suggestions for additional bus service, in particular the loop within the City connecting the main commercial areas. He commented on Senator Nejedly's bill which would permit jurisdictions to drop out of BARTD. 23. Councilman Corica commented on the need for establishing a fire station on Bay Farm Island and suggested the City Manager investigate the advisability of acquiring a home with a large garage for use as a temporary station. Mr. Goss stated the Fire Chief had been asked to incorporate an evaluation of this alternative in his report. RESOLUTIONS: 24. The following resolution was introduced by Councilman Corica, who moved its adoption: "Resolution No. 8274 Adopting Specifications, Special Provisions and Plans for Installation of Storm Drains and Storm Culverts at the Intersection of Third Street and Central Avenue, 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: None. 25. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8275 Opposing Consolidation of Alameda Municipal Court with Oakland- Piedmont Judicial District." The motion to adopt said resolution was seconded by Councilman Corica and carried on the following roll call vote. Ayes: FiY8, Noes: NOOe, Absent: NUn2, Councilman Hurwitz requested that copies of the resolution be forwarded to Assemblyman Miller and Lockyer, Senators Petris and Holmdahl, Judge George E. McDonald, Governor Reagan, Attorney General Younger, and Supervisor Fred Cooper. ORDINANCES FOR PASSAGE: 26, "Ordinance No. 1738, New Series Amending the Alameda Municipal Code by Repealing Sections 5-1111 Through 3-11113, and Adding a New Chapter 11 to Title III Thereof, Consisting of Sections 3-1111 Through 3-11110, Relating to a Real Property Conveyance Tax and Providing for the Administration Thereof." The following persons spoke in opposition to the passage Of the ordinance. (1) Mr. John Mitcheom, 1319 High Street, suggested other sources of revenue be investigated and asked for a 50-ddy exten- sion before the ordinance be passed; (2) Mr. James P. McClure, President of the Alameda Board of Realtors, stated it was his view the tax was discriminatory and suggested it be put to a vote of the people; (3) Mrs. Irene NO2 Hansen, 1438 Park 3treet, Mr. James Sullivan, 3221 Liberty Avenue, repeated his previous statement favoring passage of the ordinance. Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Council- man Beckam and carried on the following roll call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. 27. "Ordinance No. 1739, New Series Amending the Alameda Municipal Code by Addina Chapter 14, Articles 1 Through 5, to Title III Thereof, Establishing a Transient Occupancy Tax and Providing for the Administration Thereof." Councilman Corica moved the ordinance be passed as submitted. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 28. "Ordinance NO. New Series Amending the Alameda Municipal Code by Adding Article 3 to Chapter 3, Title II, Thereof, Consisting of Sections 2-331 Through 2-338, Creating a Historical Advisory Commission and Providing for Member- ship and Duties Thereof." President La Croix reported consideration of this item would be held over to the next regular meeting of November 5, 1974. 29. "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Chapter 9, Articles 1 Through 4, to Title X Thereof, Consisting of Sections 10-911 Through 10-941, Relating to Preservation of Historical Monuments." President La Croix reported this item also would be held over for consideration to the next regular meeting of the City Council. 30. "Ordinance No. 1740, New Series Amending the Alameda Municipal Code by Adding Section 4-216 Thereof, Relating to Hours of Public Use of Miller-Sweeney Bridge Fishing Platform." Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Councilman Beckam. Councilman McCall questioned City jurisdiction in the matter' On roll Call, the motion carried on the following vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. BILLS: 31. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of S51,253,11 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 October 15, 1974, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by Councilman Hurwitz and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 32. Agreement - Between Subdivider and City - re Final Map for Tract No. 3598. 33. Specification No. PW 10-74-11 - Installation of Storm Drains and Storm Culverts at Intersection Of Third Street and Central Avenue. 34. Report of Alameda Free Library for fiscal year ending June 30, 1974. 35. Councilman Hurwitz moved the Council retire to executive session for discussion of matters relating to litigation. The motion was seconded by Councilman McCall and carried unanimously on roll call vote. After a five-minute recess, the Council reconvened in the Conference Room of the City Hall for its deliberations. At the conclusion of discussion, it was determined that no action would be taken at this meeting. ADJOURNMENT: 36. There being no further business to come before the meeting the Council adjourned to assemble in regular session on Tuesday, November 5, 1974, at 7:30 o'clock p.m. Respectfully submitted, City Clerk