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1975-01-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - JANUARY 7, 1975 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 Reverend Mervin R. Megfll, Pastor of Immanuel Baptist Church. President La Croix wished all those in attendance a very happy, prosperous and peaceful New Year. 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 December 17, 1974, were approved as transcribed. 2. At this time, President La Croix recognized and welcomed Captain Harry Potter, U.S. Coast Guard (Retired), who had assumed the duties of Executive Manager of the Alameda Chamber of Commerce. WRITTEN COMMUNICATIONS: 3. From the Board of Education, Alameda Unified School District, signed by Mr. James L. Nolin, President, regarding the extension of Fernside Boulevard. The communication was referred to "Reports and Recommendations", Item No. 1. 4. From Mr. and Mrs. Bob Haslam, 1428 Fernside Boulevard, and Mr. and Mrs. Joseph Cervelli, 3300 Encinal Avenue, in opposition to the extension of Fernside Boulevard to Otis Drive. The communication was referred to "Reports and Recommendations", Item No. 1. 5. From the Board of Education, Alameda Unified School District, signed by Dr. G.R. McConnell, Secretary, and from the County Superintendent of Schools, signed by Mr. Harry Harvey, Assistant, requesting consolidation of the Alameda Unified School District bond election with the general municipal election to be held March 11, 1975, Councilman Beckam moved approval of the reqUeCt. The motion was seconded by Councilman Hurwitz and on roll call vote carried unanimously. There being no objection, the meeting proceeded to "ReSVlUti0Os". RESOLUTIONS: 6. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8299 Calling Special School District Bond Election Consolidated With General Municipal Election to be Held in the City of Alameda on Tuesday, March 11, 1975; Establishing Election Precincts; Fixing Number of Election Officers on the Board of Election for Each Precinct; Fixing Compensation of Election Officers and Designating Hours of Voting." 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. The meeting returned to the regUlar order of business. WRITTEN COMMUNICATIONS: 7. From the Alameda Chamber of Commerce, signed by Mr. J.B.S. Johnson, Jr., President, requesting a special allocation of funds from moneys made available from the Transient Occupancy Tax for promotional expenses incurred in connection with the Pro-Am Bowlers Tournament. President La Croix reported the tournament had been held in Alameda for two consecutive years and had brought national recognition to the community because of the television coverage. Councilman Beckam moved the sum of S600.00 be allocated, as requested. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. HEARINGS: 8. Continued from the regular meetings of December 3 and December 17, 1974, in the Matter of a Petition initiated by the City Planning Board to amend, and add to, sections of Ordinance No. 1277, New Series, (Zoning Ordinance) pertaining to "C-l" and "C-2" Zoning Districts. From Ms. Dorothy Frantz, 1327 Sherman Street, endorsing regulations proposed by the City Planning Board. On request, the City Attorney explained the purnOS8 of the hearing was to consider changes and additions to existing regulations controlling 'C-l" and "C-2" Zoning Districts, specifically uses permitted in each district which were more fully and completely set out in the proposed ordinance. He reported the suggested changes had been unanimously recommended by the City Planning Board. On question, he clarified the restrictions would not run to existing established businesses or permitted non-conforming uses unless there were a break in the operation or a change in the type of business operation, and also the ordinance would not be retroactive. The President declared the hearing opened and invited opponents and proponents to the proposal to address the Council. There was no response. Following discussion, and there being no objection, the meeting proceeded to "Introduction of Ordinances". INTRODUCTION OF ORDINANCES: 9. Councilman Hurwitz 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 Renumbering Section 11-1211.1 to 11-1211.2; Adding Sections 11-1211.1, 11-1211'3 and 11-1220.1 Thereto; and Amending Sections 11-1330, 11-1531, 11-1354 and 11-1355 Thereof, Relating to Zoning District Regulations." The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: Nnne, Absent: None. The meeting reverted to the regular order of business. HEARINGS: 10. In the Matter of Resolution NO, 8281 Declaring Intention to Order Vacation of the Northerly Terminus of Market Street. From Mr. John Barni, Jr., 1438 Park Street, enclosing copy of a communication addressed tc adjoining property owners; and from Mr. William D. Corbett, Attorney representing Mr. Frank Jussila, in opposition to vacation, The City Clerk stated Affidavits of Publication and Posting of Notices of Hearing in this matter were on file. The City Attorney, on request, stated the issue was for the Council to hear evidence for or against this proposal, as set forth in the Resolution of Intention No. 8281" adopted at the meeting of November 20, 1974, and also to determine whether the area described was unnecessary for present or prospective Street purposes and whether public interest required vacation, as proposed. The City Engineer explained the circumstances under which this parcel had become unnecessary in the development of the particular area and the owner had requested abandonment of the 20 foot by 49-1/3 foot strip. He noted the area had become a weed patch and the northeasterly portion did not drain properly. Mr. Hanna stated the cost of developing the street as a standard public street would be excessive and adjacent property owners had been unwilling to consider paving the street. He said he would recommend, if the Council were to elect to vacate the strip, that the following requirements be stipulated. (1) The handling of the drainage problem at the northwesterly corner, and (2) at least a 20 foot public roadway or driveway be constructed leading from Madison Street, and the sidewalk on Madison Street be constructed so as to provide a continuous sidewalk from the east side of Market Street to the west side. The President declared the hearing opened. On the call for proponents, Mr. John Barni, Jr. spoke as a representative of Mr. M. P. Cameron, the owner of the property at 1228 Market 5treet, He Stated Mr. Cameron wished to construct a new single-family dwelling on the parcel and should the Council approve the requested vacation, there would be no cost incurred by the City for the improve- ment to that portion of the street. Mr. Robert Bourgeois, 3262 Madison Street, whose residence faces Market Street, remarked the area involved had been unimproved for many years and at times had created a police problem. He said it was his opinion the improvements proposed by Mr. Cameron would enhance the neighborhood. On the call for opponents, Attorney William D. Corbett stated his client, Mr. Frank Jussila of 3200 Encinal Avenue, was opposed to the vacation as the remaining portion of Market Street would remain a weedpatch and the improved portion would create an alley with problems of traffic, emergency service, et cetera. He questioned who would maintain the sump pump which would have to be installed to correct the drainage problem and future maintenance of the roadway. The City Engineer replied these would be the responsibility of Mr. Cameron. There followed a discussion as to the location and construction of the pump. Mr. Corbett said his client further objected to piecemeal planning of the area and it was felt this would be vacating a piece of City property for the benfit of an adjacent land owner who already had a buildable lot. Mr. Gary Barker, 3271 Madison Street, stated he was not opposed to the vacation but was against an asphalt sidewalk being placed in the area and would prefer a conventional concrete sidewalk with curb and gUtter. On question put by Mr. Kenneth Woodard, 3252 EnCindl Avenue, as to how many property owners would be affected by the vacation, the City Engineer stated there was only one. Mr. Frank Jussila asked questions concerning the location of the sump pump, the water drainage, and use by the public of the roadway, to which Mr. Hanna replied. The President declared the hearing ClVsed. At the conclusion of discussion, Councilman Beckam moved a resolution be adopted ordering the vacation with the proviso the abandonment proceedings not be concluded until the provisions set out in the City Engineer's report of October 9, 1974, modified to require Item No. 2 to read "concrete sidewalk" instead of "asphalt sidewalk" had been met. The motion was seconded by Councilman Hurwitz and on roll call vote carried unanimously. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 11. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8300 Finding and Determining the Certain Unused Portion of the Northerly Terminus of Market Street, referred to in Resolution No. 8281, Is Unnecessary for Present or Prospective Street Purposes; Finding No Reservation of Fasement Therein Necessary; Ordering the Vacation Thereof, and Directing City Clerk to Cause a Certified Copy of This Resolution to be Recorded." The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following rcll call vote. Ayes: Five. Noes: N0ne, Absent: None. The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 12. From the Acting City Manager transmitting report of the Planning Director concerning the extension of Fernside Boulevard. President La Croix stated this was not to be considered a formal public hearing however, after receiving the reports of the Planning Director and City Engineer, he would recognize speakers from the audience. Planning Director Don Patterson, with the use of charts displayed for the visual edification of the Council and audience, read and elaborated upon his written report dated December 30, 1974, At the conclusion of his presentation, he stated it was his recommendation Fernside Boulevard should be connected to Otis Drive with a cross section of 88 foot width with a 4 foot median and abutting property owners pay their share of the costs. There followed a discussion of the volume of traffic which would be generated in the area, either with or without the development of the Harbor Bay Isle project on Bay Farm Island; the prospective use of a portion of the Wood property by the East Bay Regional Park District as a part of the San Leandro Shoreline Park; the additional traffic which would be created by the construction of the new Lincoln School; the proposed 66th Avenue overpass or bridge; future plans of the City of Oakland to alleviate traffic emanating from the High Street Bridge, and a perimeter traffic plan on Bay Farm Island. City Engineer Mark Hanna recalled the manner in which the City had originally been laid out and developed on a regular plan to the present time. He stated the extension of Fernside Boulevard would complete the circulation network of the plan and help distribute the traffic pattern which otherwise would have to use other arteries or streets. He noted that without the extension, the increased traffic produced by the proposed regional park and new school would be forced to utilize the more quiet residential streets. A ten-minute recess was called. Upon reconvening, the meeting proceeded with the regular order Of business. At this time. President La Croix called for opponents to the extension of Fernside Boulevard. Mr. David Tees, 3253 Fernside Boulevard, speaking on behalf of the Aeolian Yacht Club, reported the extension would put the Club out of business as it would eliminate the parking lot. He noted the existing traffic congestion at High Street and Fernside Boulevard during the commute hours and questioned the method by which any increase would be dispersed upon entering the Oakland side of the High Street bridge. Mrs. Inez Kapellas, 1128 College Avenue, suggested a decision on the extension be postponed until such time as the plans of the State and other communities were known concerning a route via 66th Avenue to the Ni0itZ Freeway. She alleged the issue would not be before the Council if the Board Of Education had not elected to proceed with the construction of the new Lincoln School. Mr. Joseph Cervelli, 3300 EnCinal Avenue, spokesman for the Alameda Environmental Group, asserted the Fernside extension would not solve the area traffic problem but would actually contribute to more traffic impact and p011UtiOn. He presented a petition containing 1,115 signatures of Alameda residents and a letter signed by Mr. and Mrs. Harry J. Robinson, owners of the Marina Sanitarium, all expressing opposition to the extension. Mr. Cervelli stated the group was continuing its efforts to obtain additional signatures to the petitinD. He asked those persons in the audience who were in opposition to stand, and approximately 75 did so. Mr, Cervelli said, in addition to the points listed in his written communication, it was felt additional important points should be mentioned, i.e., (1) the safety of school children attending Lincoln, Otis and Edison Schools due to a major four-lane road and increased traffic; (2) the infor- mation which would be available from the Goals Study; and (3) a recommendation that the Traffic Circulation Element in the General Plan be updated. He stated the written reports of the City Engineer and Planning Director left room for comments to which the Group would respond at the appropriate time' In response to his question as to the City's position with regard to a regional park on the Wood property. President La Croix replied this was now a reality. Mr. Cervelli suggested the following alternatives be considered and all information from City studies be evaluated before making a decision on an alternative to the Fernside extension. (1) The use Of City Line Drive as shown on the Circulation Element in the Horizon Plan; (2) provide a traffic connection from Bay Farm Island near the Bridge to the Nimitz Freeway at 66th Avenue using either a tunnel technique or a causeway; or (3) limit the growth of development on Bay Farm Island so the traffic impact would be compatible with Alameda streets. Mr. Meyer Kapl2r, 1416 Fernside Boulevard, discussed a possible bridge extension at Broadway to Bay Farm Island; the 25 mph speed limit on High Street; the decision of the Board of Education to build the new Lincoln School on a portion of the Wood property which, he alleged, was contrary to the wishes of the electorate; the widening of the road bordering the Golf Course, and questioned the accuracy of the traffic count prepared by the City Engineer in connection with High Street and Fernside Boulevard. Mr, Carmen Venuto, 1536 Morton Street, suggested all the facts be known before a decision was made. He stated he was against the extension. Mrs. Vivian Loomis, 3383 Fernside Boulevard, protested the extension as, in her opinion, it would provide a route for traffic to the Oakland Airport and would degrade a quiet residential street. She noted BARTD was considering an extension of its service to the Oakland Airport and officials were eyeing future BARTD extension to Bay Farm Island and, if developed, Alameda might not be forced to provide for increased traffic to the Airp0rt. She recommended an amendment to the General Plan might be advisable until more study was given to the outcome of the Fernside Boulevard extension. On the call for proponents, the following persons spoke. Mr. Joseph Sullivan, 3221 Liberty Avenue, noted the four-lane Fernside Boulevard traffic was approximately 3,500 per day where High Street's two lanes carried 13,900. He said it was his opinion Fernside Boulevard should carry more of its share of the traffic and urged the Council to vote in favor of the extension. Mrs. R. E. Stone, 1523 High Street, commented on the volume of vehicular traffic on High Street at the present time and asserted it could not bear additional traffic. She requested the Council accept the recommendations of its administrative staff in the 0dtter. Mrs. Shirley Eastman, 1916 High Street, whose residence is located at the corner of Fernside Boulevard and High Street, commented on the improbability of the widening of High Street because of the businesses and residences which would be affected. She suggested alternative traffic patterns be considered other than Fernside Boulevard or High Street. The President declared the informal hearing closed. At the conclusion of lengthy discussion and statements made by each COuncilmember, Councilman Corica moved the Council go on record as opposing the extension Of Fernside Boulevard and the matter be referred to the Planning Board for hearings to amend the General Plan and to delete references to Fernside Boulevard from the General Plan. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. A ten-minute recess was called. Upon reconvening, the meeting proceeded with the regular order of business. 13. From the Acting City Manager requesting authorization to purchase on the open market from Hayward Ford Tractor Sales, equipment replacement 526.25 front end loader with scraper, scarifier and roto-vator (addition) for Parks Department, under the provisions of Section 3-15 of the City Charter. Councilman Beckam moved approval of the reqUest. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 14. From the Acting City Manager reporting completion of public improvements in connection with Tract No. 3465, requesting acceptance and release of the performance bond. (25:3 Central Avenue - Shaw & Lunt - Herbert Jackson) Councilman Hurwitz moved the improvements in connection with Tract No. 3465 be accepted and the subdividers be released from their bond. Councilman Beckam seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15. From the Acting City Manager reporting on the Comprehensive Employment and Training Act, Title VI Program. Councilman Beckam moved acceptance of the report. The motion was seconded by Councilman Hurwitz and on roll call carried by the following vote, Ayes: Five. Noes: None. Absent: None. There being no objections, the meeting proceeded to "Resolutions". RESOLUTIONS: 16. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8301 Amending Salary and Position Resolution No. 8233 by Creating New Positions Funded Under Title VI 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. The meeting returned to the regular order of business. UNFINISHED BUSINESS: 17, Councilman Hurwitz inquired as to the status of the ordinance relating to the preservation of historical monuments, The City Attorney stated the requested changes had been prepared in draft form and were being reviewed by the Historical Advisory Commission. 18. Councilman McCall commented on the demolition of the dilapidated structure at 1325 High Street. NEW BUSINESS: 19, Councilman Hurwitz requested the City Manager prepare a report, to include the views of the Chamber of Commerce and the Merchants Associations, concerning the possibility of hooding parking meters for a trail period. 20. Councilman McCall commented on the publicity being given to the City-wide Congress to be held January 13, 1975. President La Croix reported public notification of the event was being afforded by the Alameda Times-Star, radio and television, literature distributed by the Alameda Junior Chamber of Commerce and the use of bumper stickers. 21. President La Croix requested the City Manager to convey the commendations and appreciation Of the Council to City Auditor Raymond Martin for the excellence of his Annual Report, and to City Treasurer Mrs. Ellen 5chmalenberqer for her outstanding job in investing the funds of the RESOLUTIONS: 22. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8302 Adopting Specifications, Special Provisions and Plans for Installation Of Storm Drains 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. 23. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8303 Appointing Carter J. Stroud as City Attorney for 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. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 24. 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 Chapter 10, Articles 1 Through 6, to Title X Thereof, Consisting of Section 10-1011 Through 10-1063, Relating to Noise Insulation Standards." The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 25. "Ordinance No. 1748, New Series Amending the Alameda Municipal Code by Adding Article 4 to Chapter 1 Of Title XVI Relating to CORPUS Security." Councilman BeCkaN 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: 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of S102,889-68, 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 January 7, 1975, 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: N0ne, Absent: None. FILING: 27. Financial and Operating Report, Bureau of Electricity, for month ending October 31, 1974, Verified by George A. Hackle0an. 28. Annual Report of the City Auditor for Fiscal Year ending June 30, 1974 - Verified by George A. HdcklBnoD, 29. Specifications PW 1-75-1 - Installation of Storm Drains at Third Street and Central Avenue. 30. Councilman Hurwitz moved the Council retire to executive session for a discussion of pending litigation. The motion was seconded by Councilman Beckam 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: 31. There being DO further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday, January 21, 1975, at 7:30 o'clock p.m, Respectfully submitted, City Clerk