1974-11-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - NOVEMBER 19, 1974
The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of
Allegiance was led by Councilman Beckam and was followed by an Invocation delivered by the
Reverend Father Gary TO]lner, Administrator of St. Philip N2ri/s Catholic Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Corica, Hurwitz, McCall and President La Croix,
Jr., (5) were noted present.
MINUTES:
1. The minutes of the special meeting held October 29, and regular meeting held November 5,
1974, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. From Mr. J. Paul Gutleh2n, 2844 San Jose Avenue, protesting decision of the Environmental
Assessment Committee concerning the Environmental Impact Report on the project proposed by Mr.
Robert Hannon at the foot of Webster Street next to the Estuary.
Mr. GutlebeD objected to thp decision that an EIR would not be required on the project and
offered an explanation of his reasons. He stated he believed the decision should be reversed
and a Committee formed of persons representing interests in industry and recreation.
President La Croix suggested a meeting be arranged wherein he, the City Manager and the City
Engineer could discuss the matter with Mr. Gutleben. This was agreeable to Mr. GUtl8ben and it
was so ordered.
REPORTS AND RECOMMENDATIONS:
3. Continued from the regular meeting of November 5, 1974, from the Environmental Assessment
Committee, signed by the Secretary, reporting on their review of an application for a building
permit to construct a 7-11 food store at the corner of Santa Clara Avenue and Broadway; and from
Mr. Walter Wilson, 1509 Broadway, appealing finding of the Committee.
Attorney Michael A. Grappo, 1505 Broadway, representing Mr. Wilson, requested a further continuance
of the 0atter. He reported the Planning Department had under consideration a proposal to amend
those ordinances affecting "C-l" and "C-2" zoning districts and, if the amendments should even-
tually be adopted by the City Council, the appeal would be withdrawn.
Mr. William Wagner, 175 Clifford Street, San Francisco, representing the developer, described
the project and noted the Committee had found the issuance of the building permit to be a minis-
terial act requiring no further environmental review. He displayed photographs of the area and
Of an operation similar to that proposed for the site. Mr. Wagner read a letter written by Mrs.
William Sherman, co-owner of property located at 1501 Broadway, endorsing the project, and
presented a petition containing signatures of 242 residents of the area in favor of the proposal.
He concluded his remarks by asking that the appellant's petition be denied.
Mr. Grappo objected to the decision of the Committee and contended this was a discretionary act
which should require a use permit and the preparation of an Environmental Impact Report. He
presented a petition signed by 55 residents expressing their opposition to the operation of a
"7-11-tvp2" food store at the location and requesting any building permit issued be subject to a
conditional use permit restricting the hours of operation.
The Acting City Attorney explained the issue before the Council.
Following discussion, Councilman Hurwitz moved approval of the findings of the Environmental
Assessment Committee. The motion was seconded by Councilmen Beckam and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: N0ne,
4. From the City Manager recommending all bids be rejected for the Installation of Storm Drains
and Storm Culverts at Third Street and Central Avenue, and City staff be directed to redesign
the project.
Councilman Hurwitz moved acceptance of the recommendation. The motion was seconded by Councilman
Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
5. From the City Manager reporting all work satisfactorily completed on the project of the
Reconstruction of Buena Vista Avenue from Mulberry Street to Park Street, recommending it be
accepted and the Notice of Completion ordered filed.
Councilman McCall moved the recommendation be accepted, that all work on the designated project
be accepted as satisfactorily completed and the Notice of Completion be filed. The motion was
seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five, Noes:
None. Absent: None.
6. From the Design Review Board transmitting recommendations on final draft of the Design Review
Manual.
Councilman Beckam moved acceptance of the report and approval of the final draft of the Design
Review Manual. The motion was seconded by Councilman Hurwitz and carried On the following roll
Call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None.
7. From the City Manager requesting authorization to purchase on the open market from H.V.
Carter Company a 7-Gang Mower Unit for the Park Department, under the provisions of Section 3-15
Of the City Charter.
Councilman Hurwitz moved the City Manager be authorized to purchase the specified equipment on
the open market from the named supplier. The motion was seconded by Councilman McCall and on roll
call carried by the following vote. Ayes: Five. Noes: None. Absent: None.
UNFINISHED BUSINESS:
O. President La Croix commented on a communication received from the East Bay Park
District concerning the extension of Fernside Boulevard to Otis Drive, and the renewed interest in
the subject expressed by residents of the community. He stated the City Engineer had been requested
to submit a report on the matter and Mr. Hanna, on question, replied this would be forthcoming for
the next regular meeting of December 3, 1974.
Mr. John J. Leavitt, Vice President of the East Bay Regional Park District, stated the District
had obtained a thirty-day extension on their option to purchase approximately eight acres of the
Wood property for the proposed San Leandro Bay Regional Shoreline Park, and this option would
expire November 30. He said, however, there was a possibility an additional time extension could
be obtained.
Councilman Corica emphasized that upon receipt of the City Engineer's report he would ask that a
date for a public hearing on the matter be set, so all interested persons might appear and be
heard. He said he would also, at a subsequent time, request a public hearing to solicit the
desires of the community concerning the proposed Regional Park.
President La Croix asked Mr. Leavitt, if the District were to acquire the property as a part of
the Master Plan for the San Leandro Bay development and Regional Park use, would it be their
position that Fernside Boulevard not be extended and only be brought into the proposed school site
as a site acquisition for a regional park. Mr. Leavitt stated this was so. On question, Mr.
Leavitt stated the District, itself, would hold public meetings concerning the proposed park,
however they wished first to resolve the matter of the property purchase.
9. Councilman Corica referred to a previous request for a report concerning the need of a Fire
Station facility on Bay Farm Island.
The City Manager informed him the report was virtually complete and would be submitted in the near
future.
10' Councilman Hurwitz recalled recent passage of an ordinance regulating use of the fishing pier
at the Miller-Sweeney Bridge at which time he had questioned whether it was enforceable. He said
he had noticed the signs had not been placed at the site, and also that the small gate to the pier
was continually left open. He noted the Police Department had recommended a number of items to
make the ordinance workable, and asked when they would be accomplished.
The City Engineer stated the U.S. Corps of Engineers had informed him they were going to install a
chainlink fence gate, put up the signing, remove the ladder which reached to the water, and carry
out most of the recommendations of the Police Department. In the meantime, his office would erect
a temporary sign at the pier.
President La Croix requested the Assistant City Manager to prepare a letter, for his signature,
directed to the U.S. Corps of Engineers asking them to expedite the project.
11. Councilman Hurwitz thanked the Assistant City Manager for expediting the Recycling Center
notice enclosure with the billing of the Alameda City Disposal service.
12. Councilman Hurwitz asked that a status report be submitted of previously requested encroachment
permits by the owners of properties at 921 Grand Street and 1812 Schiller Street.
13. Councilman Hurwitz asked if a copy of Mr. Joseph Sullivan's letter concerning development of
the fill area on Bay Farm Island had been forwarded to Harbor Bay Isle Associates, and was informed
it had.
14' Councilman McCall commented on letters addressed by President La Croix to the Commandant of
the Twelfth Naval District and the Commanding Officer of the Alameda Naval Air Station, the first
expressing the City's interest in possibly acquiring the Navy and Marine Reserve Training Center
at 2144 Clement Avenue should the Twelfth Naval District consider abandoning the facility, and the
second concerning the possibility of using part of the NAS aircraft carrier jetty as a fishing pier.
He stated these communications had been a follow-up of a meeting which he, Councilman Corica and
the City Engineer had held with Captain E. D. McKellar, the Director of Public Works of the District,
and the Chief Engineer of the Naval Air StatiOn,
NEW BUSINESS:
15. President La Croix brought up the matter of the recently passed Ordinance No. 1738, New Series,
establishing a real property conveyance tax which had been passed by a majority of the members of
the Council. He noted there were many needed capital improvement projects for which no moneys were
available, and it had been felt this tax would provide the necessary funding.
The President reported a referendum petition had been signed by more than 5"000 residents of
the City and timely filed with the City Clerk. He said in view of the opposition to the tax
expressed by the petitioners, he and other members of the Council had directed the City Manager
and City Clerk not to go to the expense of verification of the petition.
President La Croix stated he would appoint a Mayor's Tax Committee to immediately set out on a
study and recommend to the Council a tax which might be imposed to provide funding of the capital
improvement program. He named to the Committee the follOwing persons, all of whom had agreed
to serve: Messrs. Joseph Sullivan, Charles Tillman, Don Gehb, James McClure and Mrs. Anne
Diament, and asked that they submit their report and recommendations to the City Council within
a period of ninety days, or sooner.
FOl7owing discussion, the Acting City Attorney was directed to prepare an ordinance repealing
Ordinance No. 1738, New Series, for consideration at the next regular meeting of the Council.
16. Councilman Hurwitz brought up the subject of an interim ordinance prepared by the Acting
City Attorney, which would prohibit and suspend issuance of building permits for construction
of buildings for uses in "C-lo and xC-2" zones inconsistent with proposed regulations governing
uses in said districts. He requested an explanation and Mr. Stroud explained the ordinance.
Following discussion, it was the consensus of the members of the Council that the interim
ordinance not be adopted and consideration of the ordinance amending the Alameda Municipal Code
relating to zoning district regulations be set for Hearing at the next regular meeting of
December 3, 1974. It was so ordered.
A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order
Of business.
RESOLUTIONS:
17. The following resolution was introduced by Councilman B2Cknm, who moved its adoption:
"Resolution No. 8280
Authorizing Execution of Landscape Architectural Services Agreement
With Theodore Osmundson in Connection with First Phase Development
in Washington Park."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call V0t2, Ayes: Five. Noes: N0De, Absent: None.
18. The following resolution was introduced by Councilman Corica, who moved its adoption:
"Resolution No. 8281
Declaring Intention of Council to Order Vacation of Portion of the
Northerly Terminus of Market Street, a Public Street in the City of
Alameda, Referring to Certain Map for Particulars Thereof, Fixing
Time and Place for Hearing Thereon, and Ordering Publication and
Posting of Notices of Said Proposed Vacation."
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.
It was noted the Hearing on the matter would be held January 7, 1975.
10. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8282
Adopting Specifications for Furnishing to the City of Alameda Ten (10)
Reel Type Cutting Units for Gang Mower, 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.
20. The following resolution was introduced by Councilman Hurwitz, who moved its adoption:
"Resolution No. 8283
Rejecting Claim of Charles Delgado Against City."
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 President declared the foregoing resolutions adopted.
INTRODUCTION OF ORDINANCES:
Zl. Councilman Corica introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
Authorizing Purchase by Grant Deed of Real Property Located Between
Buena Vista Avenue and Pacific Avenue, and Between Sherman Street
and Benton Street /NOrth3ide Park)."
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
-
22. Councilman Beckam introduced the following ordinance, after which it would be laid over under
provision 8f law and the Charter:
"Ordinance NO.
New Series
Authorizing Purchase by Quitclaim Deed of Real Property Located
Between Buena Vista Avenue and Pacific Avenue, and Between Sherman
Street and Benton Street (Northside Park)."
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes:
FiVe, Noes: None. Absent: None.
ORDINANCES FOR PASSAGE:
23. "Ordinance No. 1743,
New Series
An Ordinance Reclassifying and Rezoning Certain Properties Within the
City of Alameda by Amending Zoning Ordinance No. 1277, N.S." (From
"C-l"" Neighborhood Business District, to "R-4", Neighborhood Apartment
District - Richard Perata, Agent for John Frye, Beatrice Goldsmith and
Leroy Kinzel)
Attorney Stanley D. Whitney requested the ordinance rezoning his particular property be rescinded.
President La Croix remarked that the members of the Council, by a majority vote, had seen fit to
introduce the ordinance on the petition filed on behalf of the adjoining property owners, and with
the knowledge of the Court action. He said he personally felt the ordinance should be adopted.
Following discussion, Councilman McCall moved to table, which motion died for lack of a second.
Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Council-
man Hurwitz and carried On the following roll call vote. Ayes: Four. Noes: Councilman McCall,
(1). Absent: None.
24. "Ordinance No. 1744,
New Series
Amending the Alameda Municipal Code by Amending Section 2-541 Thereof,
Relating to Vacation Leave."
Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Councilman
Hurwitz and carried on the following roll call vote. Ayes: Ffve, Noes: None. Absent: None.
BILLS:
25. An itemized List of Clairs against the City of Alameda and the Departments thereof, in the
total am0UDt of $93,960,42 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
November 19, 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:
26, Agreement - Between City and Theodore Osmundson for Landscape Architectural Services, First
Phase Development in Washington Pork,
27. Specifications No. MSP 11-74-6 Ten (10) Reel Type Cutting Units for Gang Mower for Golf
Depart02nt,
28. Financial and Operating Reports, Bureau of Electricity, for months ending July 31, August 31,
and September 30, 1974,
�} 7
29. Councilman Beckam moved the Council retire to executive session for a discussion of
personnel matters. The motion was seconded by Councilman Hurwitz 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:
30. There being no further business to come before the meeting, the Council adjourned to
assemble in regular session on Tuesday, December 3, 1974, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk