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1974-12-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - DECEMBER 3, 1974 The meeting convened at 7:30 0/ClUCk 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 Mr. Paul Tevelin, Deacon of St. Barnabus 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 regular meeting held November 19, 1974, were approved as transcribed. OATH OF OFFICE: 2. On request, the City Clerk administered the Oath of Office to Mr. Don E. Patterson, newly appointed Planning Director. Mr. John D. Goss, City Manager, introduced Mr. Patterson who had commenced his employment with the City the previous day. WRITTEN COMMUNICATIONS: 3. From Mr. Vern W. Dennen, 1926 Everett Street, advocating free neutering service for impounded unlicensed dogs. Councilman Hurwitz commented on prior communications received from Mr. Dennen on the subject, and his suggestion that volunteers might be recruited to provide the free neutering Servfce, The City Manager stated this would be difficult to achieve as the Fair Labor Standards Act required all volunteers be paid the minimum wage. 4. From Mr. Otto W. Sammet, 2624 Janis Circle, complaining of swimming pool operation located at the rear of 2519 Santa Clara Avenue on property owned by Mr. and Mrs. Edward Murphy of 2618 Janis Circle. Mr. Sammet referred to his previous appearances before the Council concerning this subject. He alleged the only improvements made had been a cutting back of the overhanging roof and a change in its slope, also a brick barrier had been erected along the lot line but because of the removal of a number of bricks the water was again draining onto his property. He further elaborated upon the complaints set out in his communication. On question, the City Engineer stated he felt his office could do no more to assist Mr. Sammet. Following discussion, the Acting City Attorney was directed to meet with Mr. Sammet to provide an explanation of his civil rights in the matter. 5. From the Alameda Board of Realtors, signed by Mr. James P. McClure, President, concerning a proposed ordinance relating to xC-l" and x[-2« Zoning District Regulations. The communication was referred to the item listed under "Hearings". HEARINGS: 6. In the Matter of a Petition initiated by the City Planning Board to amend Sections 11-1330 and 11-1331, Article 11 - District Uses and Regulations - of Ordinance No. 1277, New Series (Zoning Ordinance), such sections pertaining to uses permitted in xC-1'/, Neighborhood Business Districts; and to amend Sections 11-1334 and 11-1335 of the same Ordinance pertaining to uses permitted in "C-2", Central Business Districts; and to add Section 11-1211,2 to Article 11 - Definitions - to include "Drive-In Establishments". President La Croix stated that because of pending litigation the Hearing would be held over to the next regular meeting of the City Council. REPORTS AND RECOMMENDATIONS: 7. From the City Manager reporting all work satisfactorily completed on the project of the Recon- struction of High Street from Thompson Avenue to the High Street Bridge, recommending it be accepted and Notice of Completion ordered filed. Councilman Hurwitz 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 Corica and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 8. From the City Manager requesting authorization to purchase on the open market from Scotts Pro Turf Division of Scotts Company fertilizer materials for the Golf Course, under provisions of Section 3-15 of the City Charter. Councilman Beckam moved the City Manager be authorized to purchase the specified materials on the open market from the named supplier. The motion was seconded by Councilman Hurwitz and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 9. From the City Manager requesting authorization to purchase on the open market from Toro Pacific Distributing Company a Groundsmaster 72" Rotary Mower with Fayette Trailer for the Park Department, under provisions of Section 3-15 of the City Charter. Councilman Corica 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 Beckam and carried on the following roll call vote. Ayes: Five. Noes: NODe, Absent: None. 10. From the Assistant City Manager reporting on the City's gereral liability insurance coverage. Councilman Corica moved acceptance of the report. The motion was seconded by Councilman Beckam and on roll call vote carried unanimously. Councilman McCall noted the difficulties being encountered statewide by cities in obtaining municipal liability insurance coverage and that a number of companies previously handling this type of business had withdrawn from the market. He reported this subject had been discussed at several meetings held by the League of California Cities and it had been felt the cities might pool their resources toward a program of self-insurance. He suggested the matter be brought up at the next meeting of the Alameda County Mayors' Conference, and President La Croix stated he would do so on December 11, 1974. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 11, The following resolution was introduced by Councilman Corica, who moved its adoption: "Resolution No. 8284 Accepting Proposal from Alameda Associates for Provision of General Liability Insurance." 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. The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 12. From the City Manager reporting on the construction of private fences in public right-of-way. Mr. Garry L. Deuel, 921 Grand Street, referred to his request for a revocable permit to allow a wrought iron ornamental fence to encroach into the public right-of-way in front of his home, which had been presented to the Council at its meeting of November 5, 1974. He repeated the remarks set Out in his communication of October 23. Mr. Deuel reported his research of County records and his Deed and Policy of Title Insurance did not reveal the setback footage reserved by the City as a public right-of-way for the installation and maintenance of public improvements, and he felt this information should be more readily available to the property owner. Mr. Deuel noted the expense he had incurred in the partial installation of the fence prior to being informed of its encroachment, and indicated his willingness to cooperate in its removal, if necessary, should his request for a revocable permit be granted, Following discussion of the reports of the City Manager and the City Engineer, and the two pending requests of Mr. Deuel and Mrs. James R. McNish, 1812 Schiller Street, Councilman Hurwitz moved acceptance of the reports and recommendations of the City Engineer, and that the City Engineer be directed to continue his efforts to work with affected property owners to construct such fences on private rather than public property. The motion was seconded by Councilman Corica and carried On the following roll call vote. Ayes: Five. Noes: None, Absent: None. 13, From the City Manager submitting report concerning the extension of Fernside Boulevard. President La Croix stated it was not the intention of the Council to hold a Hearing on the matter at this meeting. He suggested this report and that of the City Engineer be referred to the City Planner for review, with the direction that his report and recommendation be submitted to the Council prior to its next regular meeting of December 17, 1974, if possible, but no later than the first scheduled meeting in January, 1975. He said at that time he would suggest, if there should be a strong feeling of the Council that the General Plan should be amended, that public hearings be held at both the Planning Board and Council levels. Councilman Beckam moved acceptance of the report and that copies be made available through the City Clerk's office and offered the foregoing suggestion of President La Croix as a mOtiOn. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Mr. James L. Nolin, 1208 Ballena Boulevard, President of the Board of Education, stated there had been extended correspondence between the School District, the Mayor, City Manager and City Engineer. He reported the Board of Education had taken no position with respect to the extension of Fernside Boulevard. He said they had been proceeding on the assumption the General Plan would be followed and Fernside Boulevard would be extended, and planning for the new Lincoln School had gone forth with that understanding. He stated the Alameda Unified School District had set aside $200,000 to pay for the street on its side of the Fernside Boulevard property. He reported that between Encinal and the School District property there was some land not owned by either the School District or the City; that it was their hope the City would make its decision concerning the extension so the School District could more accurately how much their share of the street improvements would be. There followed a lengthy discussion of the properties involved, their ownership, the street improve- ments which would be required, vehicular and pedestrian traffic, and the intent of the School District. President La Croix suggested Mr. Nolin ask the Superintendent of Schools to designate the proper person within the School District to contact the City Engineer so an understanding might be reached as to the mutual needs of the District and the City. Councilman Hurwitz asked Mr. Nolin to convey to the School District a request from the Council for a statement of their position concerning the extension of Fernside Boulevard. On a poll of the Council, this request was approved. The City Manager was directed to address a written communication to Mr. Nolin, as President of the Board of Education, requesting the statement as soon as possible. A ten-minute recess was CDll£d. Upon reconvening, the meeting continued with the regular order Of business. UNFINISHED BUSINESS: 14. Councilman McCall complained of the number of dogs running loose within his neighborhood. The City Engineer stated he had requested the Police Department to forward all such complaints to his department for follow-up. He asked that anyone having a specific problem contact him. Councilman Beckam noted the progress which would be made in the operations of the Pound following installation of their new radio equipment and the hiring of additional personnel under the CETA program. On question, the City Manager stated a previously requested report of the Pound operations was near completion. Councilman McCall suggested the Alameda Times-Star could assist the Council and the Pound by informing the public there would be strict enforcement of the leash law. NEW BUSINESS: 15' Councilman Hurwitz moved a resolution be prepared, for Council consideration at its next regular meeting, endorsing and encouraging flying of the Bennington Flag as the official bicentennial symbol, and that said Flag be flown in front of the City Hdll, The motion was seconded by Council- man McCall and on roll call vote carried unanimously. RESOLUTIONS: 16. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8285 Resolution of the Council of the City of Alameda in Commendation of Frank I. Madigan, Sheriff of Alameda County." 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, 17' The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8286 Declaring Structure Located at 418 Santa Clara Avenue a Public Nuisance, Directing Owner Thereof to Abate Same by Reconstruction, Repair or Razing, and Notifying Owner If Not Abated, City Building Inspector Will Raze or Remove Said Structure and Cause Expense Thereof To Be Made a Lien on Real Property From Which It Was Removed or Razed." 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. 18. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8287 Declaring Structure Located at 1325 High Street a Public Nuisance, Directing Owner Thereof to Abate Same by Reconstruction, Repair or Raxing, and Notifying Owner If Not Abated, City Building Inspector Will Raze or Remove Said Structure and Cause Expense Thereof To Be Made a Lien on Real Property From Which It Was Removed or Razed." Mr. Thomas Mew, 262 Beach Road, owner of the property, expressed his willingness to fully cooperate with the Building Department. He reported he had made a commitment to Mr. John Mitcheom, a realtor, who was interested in purchasing the property and bringing it up to Code. 378 President La Croix informed Mr. Mew he would be allowed a period of thirty days within which to show his good faith, after which time the Building Inspector would be allowed to proceed. 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 President declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 19, 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 Repealing Ordinance No. 1738" New Series, Relating to a Real Property Conveyance Tax." Councilman Hurwitz stated his feelings remain unchanged with regard to the tax, however in view Of the public expression of opposition he would vote to repeal the ordinance to save expenses which would be incurred in certifying the referendum petition. President La Croix concurred with these remarks. Councilman Beckam noted the appointment of a Mayor's Ad Hoc Finance Committee to investigate methods by which necessary funds might be acquired to finance the capital improvement program. As to the referendum petition, he stated he did not believe the public had been fully informed on the mutter. He cited statistics evidencing the rate of turnover in home ownership and the manner in which the tax would have been assessed. President La Croix reported the Committee would hold its first meeting on December 6, and it was planned that public hearings on the issues would be held. Following discussion, the motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: FiVe, Noes: N0D2, Absent: None, Mr. Joseph Sullivan, 3221 Liberty Avenue, a member of the Committee, complimented the Council on its decision. ORDINANCES FOR PASSAGE: 20, "Ordinance No. 1745, 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 (Northside Park)." Councilman Hurwitz moved the ordinance be passed as Submitted. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: NOne, Absent: None. 21. "Ordinance No. 1746, 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)." Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Council- man Corica and carried on the following roll call vote, Ayes: Five. Noes: None. Absent: None. BILLS: 22. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of S73,575'06 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 December 3, 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. ORAL COMMUNICATIONS, GENERAL: 23. MrS, Inez Kapellas, 1128 College Avenue, expressed her opinions regarding the extension Of Fernside Boulevard and the real property conveyance tax. 24. Messrs. John Barni, Sr. and James P. McClure, realtors, spoke concerning the real property conveyance tax. 25. Mrs, Helen Freeman, 831 Laurel Street, questioned the status of the proposed ordinance establishing regulations for the dedication of land, payment Of fees, or both, for Park and Recreational Land in Subdivisions. She was informed this ordinance was still under study. Mrs. Freeman also spoke on the possibility of flooding conditions on Bay Farm Island and the fill retention on its perimeter. FILING: 26. Financial Report - City of Alameda, as at October 31, 1974, ADJOURNMENT: 27. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday, December 17, 1974, at 7:30 o'clock p.m, Respectfully submitted, City Clerk