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1974-12-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - -DECEMBER 17, 1974 The meeting convened at 7:30 o'clock p.m' with President La Croix presiding. The Pledge Of Allegiance was led by Councilman Hurwitz and was followed by an Invocation delivered by the Reverend Dr. Francis W. Thompson, Minister of the First Congregational Church. ROLL CALL: The roll was called and Councilmen Beckam, Corfca, Hurwitz, McCall and President La Croix, Jr', (5), were noted present. MINUTES: 1. The minutes of the regular meeting held December 3, 1974, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From the Alameda County Mosquito Abatement District, signed by Mr. Fred C. Roberts, Manager, requesting c Trustee be appointed to represent the City for o two-year term ending January 2, 1977. This matter was referred to 'Resolutions". 3. From Mr. Vern W. Dennen, 1926 Everett Street, recommending acquisition of the Elks' Club property for City use. It was directed the communication be acknowledged and referred to the file. 4. From Mr. Raymond Ortner, 1542 Moreland Drive, suggesting an electric signal light be installed at the intersection of Broadway and Buena Vista Avenue. It was reported the Traffic Advisory Committee had referred this suggestion to the City Engineer for study. Mr. Hanna was requested to submit a report to the Council at its regular meeting of January 21, 1975, if the Committee should meet prior to that date' 5. From the Alameda Baptist Church, signed by the Reverend Richard 3. Neely, Sr., Pastor, objecting to the action taken by the Planning Board in connection with their request for a Use Permit. President La Croix related he had discussed this matter with the Planning Director, City Manager, President of the Planning Board, Pastor Neely and other members of the community. He pointed out, because of the governing ordinance the Council could not overrule the Pldnnii0g Board's decision; however it could recommend to the Planning Board that cause be found for re-hearing the request and consideration of a six-month trial period. Pastor Neely explained their request was to extend a current use. He reported the house at 3106 Central Avenue had been used as a combination home and classroom for seven years and they asked permission to continue this use until such time as the Planning Board should reconsider its decision. President La Croix suggested the Church not continue to use the home as a classroom as the Board had ruled against that use and the Council could not countermand that determination. Pastor Neely quoted from the letter of denial sent by the Planning Board and strongly objected to its statement the use would be "detrimental to the health, safety, peace, morals, comfort and general welfare of residents in the general neighborhood of the proposed use." He also pro- tested references to "irate Baptists" and "an angry congregation' in the newspaper. He stated he and his congregation were present to state their case and said the recommendation made by President La Croix was an acceptable one and urged action as soon as possible. President La Croix pointed out one objection was that the building would be unoccupied at night and wondered if someone might be found to reside in the home. Pastor Neely replied this was the reason they were moving; that having the house occupied made for inconvenience on the part of others and they felt they would be able to make better use of the facility if it were vacant. He distributed copies of his answers to the objections raised by the Planning Board. He said they planned to maintain the property and take lighting and burglary prevention measures. President La Croix repeated his suggestion that a recommendation be made to the Planning Board that cause be found for re-hearing the request of the Alameda Baptist Church at their next regular meeting, with the further recommendation of the Council that the Use Permit be granted for a six-month period of evaluation. Councilman Beckam moved the recommendation be approved with the addition that the letter and written replies to objections submitted by Pastor Neely be made a part of the Planning Board's reC8rd. The motion was seconded by Councilman Hurwitz and passed on the following roll call vote. Ayes: Five. Noes: None. Absent: None. �� � 5. From the Honorable Fred F. Cooper, Supervisor Third District, concerning BART extension to Oakland Airport. The letter was referred to the City Manager for study and report on a further extension to Bay Farm IS]and, 6. From the Alameda Police Association, signed by the President, regarding status of Police Pension Ordinance. Following discussion, the Council recommended the affected parties "act in good faith" in com- pleting negotiations and drafting an appropriate ordinance for Council consideration by the end of fiscal year 1974-75. HEARINGS: 7. Continued from the regular meeting of December 3, 1974, in the Matter of a Petition initiated by the Planning Board to amend and add to sections of Ordinance No. 1277, New Series (Zoning Ordinance) pertaining to oC-l'/ and "C-2" Zoning Districts; and from Ms. Dorothy Frantz, 1327 Sherman Street, endorsing the regulations proposed by the City Planning Board. President La Croix stated this Hearing would be held over to the first meeting in January because of pending litigation. 8. In the Matter of Hearing Proposals for Funding Under Housing and Community Development Act Of 1974; and from Mrs. Beatrice Goldsmith, 1410 Sherman Street, proposing use for federal funds allotted to the City. On request, City Manager John Goss summarized his previously submitted reports on this Act and explained the purpose of this Hearing, the difference between eligible and ineligible activities, the various steps to be taken, and a description of where the project stood in relation to application deadlines. Mr. Richard D. Marquardt, Executive Director of the Housing Authority, introduced Mr. Raymond Purcell, Leasing Officer. Mr. Marquardt presented a seven-part plan authorized by the Housing Commission. The components of the plan were demolition at 920 Park Street; demolition at 736 Eagle Avenue; construction of 65 elderly units at 920 Park Street; construction of 40 elderly and family units at 736 Eagle Avenue; application to HUD for program under Section 8 of the new Housing Act; continued management of Esperanza, Makassar and leased housing units; and consideration of relocation and rehabilitation of Alameda Unified School District homes from the Alameda High School site. Mr. Marquardt elaborated on the relocation cf AUSD homes, and outlined costs and work that would be needed. A lengthy discussion followed of available locations, value of the homes, and the importance of their relocation in relation to the community as a whole. Mr. Ken K0fmdn, 2101 Shoreline Drive, Housing Commissioner, reviewed his written report regarding the Community Development Act and how it related to housing. He emphasized the importance of re- sponding to community-wide housing needs, and distributed copies of his recommendations. President La Croix thanked Mr. Marquardt and Mr. Kofman for their comments and stated their recommendations would be included in the materials collected in this Hearing. Mr. Richard Halvorsen, 3453 Oleander Avenue, spoke of the problems being experienced by satellite low-income housing units in Oakland and Berkeley and emphasized their undesirability. President La Croix pointed out these areas are frequently controlled by outside agencies rather than by local government bodies. Mr. Charles Tillman, 2415 Roosevelt Drive, spoke regarding the progress made within the past few years with regard to senior citizen housing and commended both the City and Housing Authority personnel. Mr. Garry L. Deuel, 921 Grand Street, asked if application had been made for the lO% advance alloca- tion. City Manager Goss replied in the negative and referred to a resolution to be considered later in the meeting which would allow up to !!-Z Sf the City's entitlement amount to be used to incur costs for the planning and preparation of the application for funds available under the Community Development Block Grant Program. On a call for further speakers, there was no response. President La Croix declared the Hearing closed. A ten-minute recess was called. Upon reconvening the meeting continued with the regular nrde~ of busin�*s, T^? r sfpnPd by the Assistant Secretary, making recommendation on Parcel Map No. l357, a division of property located at 2201 Clement Avenue into two parcels, filed by Bissell Karn, Inc. for Knuppe Development Company. Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman McCall and carried on the following roll call vote. Aye,,' None. Absent: None. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 10. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8288 Approving Parcel Map No. 1367 for Division of Property at 2201 Clement Avenue, Alameda, California, and Permitting Recording Thereof (Knuppe Development CO,, Inc.)." 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: 11. From the City Manager, recommending contract be awarded to Toro Pacific Distributors, sole bidder, for furnishing Ten /lO) Reel Type Cutting Units for Gang Mower for the Golf Course, in the amount of $5,064.35. Councilman Beckam moved the contract be awarded to Toro Pacific Distributors for the specified equipment in the amount of $5,064.35. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12. From the Assistant City Manager and City Auditor, submitting report of Count of Money held November 13, 1974, indicating sum of $10,273,719.49 in 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: Five. Noes: None. Absent: None. 13. From the City Manager, reporting all work satisfactorily completed on the project of Repair and Resurfacing of Mecartney Road from Tahiti Lane to County Road, recommending it be accepted and Notice of Completion ordered filed. Councilman Beckam moved the project be accepted as satisfactorily completed and the Notice of Completion be filed. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 14' From the City Manager, recommending an extension of one year for completion of public improvements in connection with Tract No. 3422, Garden Isle Townhouses (Braddock & Logan). Councilman Beckam moved the extension of time be granted for one year from December 20, 1974' Councilman Hurwitz seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15. From the City Planning Board, signed by the Assistant Secretary, making recommendation on Parcel Map No. 1445, a division of property to create three lots located on the south side of Otis Drive between Park and Willow Streets, filed by Calvin Jones for South Shore Center, Inc. Councilman Hurwitz moved acceptance of the report, Councilman Beckam seconded the motion, which carried On the following roll call vote. Ayes: Fiv2, Noes: None. Absent: None. There being no objection, the meeting proceeded to "Re3Oluti0nS". RESOLUTIONS: 16. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8289 Approving Parcel Map No. 1445 for Division of Parcel /B' of Parcel Map 761, Alameda, California, and Permitting Recording Thereof (South Shore Center, Inc.)." 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. 8290 Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Parcel Map 1445 and Approving Faithful Performance Bond as to Sufficiency (Division of Parcel 'D' Of Parcel Map 751 - South Shore Center, Inc.)." The motion to adopt said resolution NO3 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. UNFINISHED BUSINESS: 18.' President La Croix announced the Council had completed its search for a City Attorney and it was their unanimous decision to appoint Mr. Carter Stroud as City Attorney, effective December 18, 1974. Mr' Stroud expressed his appreciation. 19. Councilman Corica questioned the status of the proposed fire station on Bay Farm Island. City Manager Goss stated he had received the Fire Chief's report and expected the final report to be ready by the next meeting. 20' Councilman Corica asked if the Corps of Engineers had replied to the inquiry about the fill OD Bay Farm Island. City Engineer Hanna stated he was in the process of preparing a report and would request the Corps' evaluation of the present fill. He noted the original fill had been done under permit issued by the Corps. President La Croix stated the Council would like a re-affirmation of the adequacy of the fill and the retention and protective devices, NEW BUSINESS: 21, Councilman Corica requested the City Engineer's opinion of an Advisory Inspection Team which could inspect a home and inform the owner of what needed to be done without risk of condemnation. City Engineer Hanna replied they could give advice but if they found a condition hazardous to either safety or health, it would have to be corrected. He said the decision would be left to the property owner. City Manager Goss stated every opportunity would be given for rehabilitation and suggested such a could be established under the Community and Housing Development Act. cou . RESOLUTIONS: 22. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8291 Appointing City of Alameda Representative on Board of Trustees of the Alameda County Mosquito Abatement District." The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following roll Call vote. Ayes: Five. Noes: None. Absent: NOOe, 23. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8292 Consent to Assignment of Lease to John Bentzen, of Real Property Held Under Lease By and Between the City of Alameda and Santa Fe-Pomeroy, Inc., (3,501 Acres Located on Northeast Line of Clement Avenue)." On question, City Manager Goss explained this was an assignment of a present lease and a portion of the tidelands property. Mr. Wayne Milani, 1310 Sherman 3tr2et, representing the developer, stated there were no definite plans as yet for development as they were still in the process of acquiring the property. He further stated they did plan to develop the property, dependent on the economic situation. City Manager Goss added Mr. Milani had filed a Declaration of Intent to undertake any joint planning necessary if the City should happen to acquire property adjacent to the Santa Fe-Pomeroy property. 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. 24. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8293 Adopting and Proclaiming a Policy and Program of Affirmative Action and Equal Employment Opportunity." The motion to adopt said Resolution was seconded by Councilman Hurwitz. Councilman McCall commented that Civil Service examinations would not be downgraded and the City would maintain its standards for physical ability. City Manager Goss assured the Council this was a continuation of the equal employment opportunity program and designed to eliminate being forced into a negative, or quota, system. On roll call, the motion carried on the following vote. Ayes: Five. Noes: None. Absent: None. 25. The following resolution was introduced by Councilman Corica, who moved its adoption: "Resolution No. 8294 Authorizing Execution of Contract with the Housing Authority of the City Of Alameda." 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. 26. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8295 Amending Salary Resolution No. 8233 by Adding and Creating New Positions Funded Under Title II of the Comprehensive Employment and Training Act of 1973 (CETA), and Establishing Salaries Therefor." 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. 27. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8296 Endorsing and Encouraging Flying of Bennington Flag as Official Bicentennial Symbol." 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. 28. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8297 Authorizing the City of Alameda to Incur Costs for the Planning and Preparation of an Application for Funds Available Under the Community Development Block Grant Program." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: Nnne, Absent: None. 29. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8298 Adopting 'Goals for Alameda' as Basis for Revision of City's General Plan." The motion to adopt said resolution was seconded by Councilman Hurwitz. On question from Councilman McCall, President La Croix explained the resolution was an expression Of Council's support of the Goals Study. Councilman McCall expressed his concern about getting all the people in the community involved in modifying the General Plan. Assistant City Manager Creagh explained the procedures they had been following to insure the best possible distribution of information and opportunity to respond. He indicated the questionnaire response was exceeding their preliminary estimates, plans for the Task Forces and Community Con- gress were proceeding, and they had provision for a method of cross-checking results. Councilman Beckam noted they had initially expected 10% to 15% response to the questionnaire; however the return, as of last week, was fully one-third over their previous estimates. The motion to adopt said resolution carried on the following roll call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 30. Councilman Corica 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 Adding Article 4 to Chapter 1 of Title XVI Relating to CORPUS Security." The motion was seconded by Councilman Hurwitz and carried on the followirg roll call vote. Ayes: Five. Noes: None. Absent: None. 31' "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Chapter 10, Articles 1 Through 6, to Title X Thereof, Consisting of Sections 10-1011 Through 10-1063, Relating to Noise Insulation Standards." President La Croix announced consideration of this ordinance would be held over to the meeting of January 7, 1975. ORDINANCES FOR PASSAGE: 32. "Ordinance No. 1747, New Series An Ordinance Repealing Ordinance No. 1738, New Series, Relating to a Real Property Conveyance Tax." 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: NUne, Absent: None. It was noted the ordinance would become effective immediately. BILLS: 33. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $191,083.87, 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 17, 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: 34. Mrs. Helen Freeman, 831 Laurel Street, spoke regarding the fill retention on Bay Farm Island, submitted copies of "Seven Alternatives to Beach Erosion" published on December 7, 1971, and asked if the perimeter channel required in the original agreement had been completed. City Engineer Hanna replied the required Channel had been dug in accordance with the original agree- ment and accepted by the Council about five years previous. FILING� 35. Assignment of Lease - Between City and Santa Fe-Pomeroy, Inc. 36. Contract - Between City and Housing Authority - Comprehensive Employment and Training Act of 1973 37. Agreement - Between City and South Shore Center, Inc. - re Parcel Map No. 1445. 38. Councilman Beckam moved the Council retire to executive session for a discussion of personnel matters and pending litigation. 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 no action would be taken at this meeting. ADJOURNMENT: 39. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday, January 7, 1975, at 7:30 o'clock p.m. Respectfully submitted, City Clerk