1975-02-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - FEBRUARY 4, 1975
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 Eric Symons, Curate of Christ Episcopal Church.
ROLL CALL:
The roll was called and Councilmen Corica, Hurwitz, McCall and President La Croix, Jr., (4),
were noted present. Absent: Councilman Beckam, (1).
ORAL COMMUNICATIONS, AGENDA:
1. The following persons indicated they wished to speak on the agenda items noted:
Mrs. Inez Kapellas, 1128 College Avenue, "Introduction of Ordinances", No. 3.
Mr. John Barni, Jr', 1277 Bay Street, "Reports and Recommendations", No. 5,
Attorney Chester Caldecott, "Hearings", No. 1.
Mr. Gary Johnson, 3227 Liberty Avenue, "Introduction of Ordinances", No. 3.
WRITTEN COMMUNICATIONS:
2. From Mrs. Sylvia Tolson, 401 Kittyhawk Road, concerning fluoridation of water supply.
The communication was accepted and referred to the file.
3. From the Reverend Dr. Wilfred H. Hodgkin, Rector of Christ Episcopal Church, congratulating
the Council on recent decisions concerning Fernside Boulevard extension, establishment of a Fire
House on Bay Farm Island, and conversion of the Post Office building into a Police Headquarters.
The communication was accepted with appreciation.
4. From Mr. John B. Doherty, 1329 Weber Street, regarding the relocation of houses from the
new Alameda High School site.
It was directed the communication be held over to the February 18 meeting for consideration in
connection with the hearing on the Final Application for Housing and Community Development Act
Funds.
HEARINGS:
5. In the Matter of a Proposal initiated by the City Planning Board to amend Section 11-14B11
Of the Zoning Ordinance, N0, 1277, New Series, relating to abatement schedule for non-conforming
outdoor advertising display signs.
The City Clerk stated the Affidavit of Publication of the Notice of Hearing was on file and all
interested persons had been notified that this would be the time and place for hearing on the
matter.
City Attorney Stroud explained this ordinance emanated from litigation in which the City is
involved regarding amortization Of outdoor display advertising signs. After consulatations with
a CPA experienced in det2rrining amortization schedules, he had reviewed various court cases and
incorporated four possible alternatives into the ordinance.
Councilman McCall asked if the hearing should be continued in light of a letter received this
date from Foster and Kleiser in which it was alleged their company had not been sent notice of
the hearing and were unable to appear this evening. President La Croix determined the sign
company had been notified, through its attorney, on January 23, 1975.
On question, City Attorney Stroud stated he had no qualms about proceeding with establishing
the amortization schedule.
The President declared the hearing opened and invited proponents to the proposal to address the
Council. There was no response.
On the call for opponents, Attorney Chester Caldecott, representing Eller Outdoor Advertising
Company, spoke. He reminded the Council the former City Attorney, Mr. Cunningham, had filed an
action based on a 1958 ordinance involving seven signs. The company had then filed a cross-
complaint and brought the 1973 ordinance into the question. He stated the principal issue was
the question of amortization and the adoption of a new ordinance at this time would void the
existing pending cases and start the process all over again. He stated his objections to methods
of determining the amortization rate and suggested a lot of work done by both the City Attorney
and himself would be to no avail as the suits would have to be refiled.
On question, City Attorney Stroud answered Mr. Caldecott's statements. Regarding the pending
suits, he stated this ordinance would have nc effect on the suit the City had filed. He further
explained the changes would be to the City's benefit as the amortization schedule listed in the
old ordinance was arbitrary.
Mrs. Inez Kapellas stated she was neither an opponent nor proponent, but asked if the City received
any funds from the signs. City Manager Goss replied they were taxed under the property tax laws.
President La Croix declared the hearing closed. Following discussion and there being no objection,
the meeting proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
6, 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 Amending Section 11-14811 Thereof,
Relating to Abatement Schedule for Non-Conforming Outdoor Advertising
Display Signs."
The motion was seconded by Ccuncilmar Corica and carried on the following roll call vote. Ayes:
Four. Noes: None. Absent: Councilman Beckam, (1).
The meeting reverted to the regular order of business.
REPORTS AND RECOMMENDATIONS:
7. From the Mayor's Ad-Hoc Finance Committee on Capital Improvements, signed by the Chairman,
submitting final report; from Mr. James P. McClure, submitting minority report; and from Mr.
Donald J. Gehb, offering his comments on Committee action.
President La Croix thanked the Committee for their diligence in approaching the problem of
financing capital improvements. He recommended the report be taken under advisement, the Committee
be kept active, and the Council consider definitive action at the next regular meeting to be held
February 18, 1975. It was so ordered.
Councilman Corica asked if the recommendation that City property taxes be assessed and billed
by the County had to be voted upon by the people. The City Attorney replied that changing the
Assessor-Tax Collector set-up would require a Charter amendment, but the administration of those
offices would not.
President La Croix stated a past objection to transferring this duty to the County had been the
inconvenience and lack of readily available tax information to the residents of Alameda.
Councilman Hurwitz suggested the City Manager begin studying ways of implementing the recommendations
of the Committee, taking into account the minority report and the possibility of a time limit on
the transfer tax.
President La Croix thanked Committee members Messrs. Joseph Sullivan and Charles Tillman, who were
in the audience.
8. From the Recreation Commission, signed by the Secretary, transmitting revised master plan for
Area B of Washington Park.
Director of Recreation D. Grant Mainland stated the end results of the master plans for Washington
Park and Northside Park were the culminations of a great deal of work by staff, the Recreation
Commission and the architects. He then turned the presentation over to Mr. Robert O'Maley, Chairman
of the Recreation Commission.
Mr. O'Maley stated they were requesting approval of the master plan and authority to proceed. He
illustrated his remarks by a large drawing posted on the wall. The first phase, funded by state
bonds, he said would include six tennis courts, a practice court, landscaping, etc., and the second
phase would include the off-street parkirg area, the football-soccer field and baseball diamond.
He stated the lighting systems for the park and tennis courts were optional. He then introduced
Mr. Theodore Osmundson, the architect who had prepared the plans.
Mr. Osmundson reviewed the processes used to establish the location of the tennis courts, parking
area, and landscaping. He briefly elaborated on the additional components of Phase II.
On question, Mr. Osmundson explained a play area for small children was available in the upper
portions of the park and this item could be added, for a relatively small amount of money, as
the park and its use developed.
Discussion of the triangular piece of property on the east side of Eighth Street, drainage problems
and funding of Phase II followed.
Councilman Corica moved the report be accepted and the Recreation Director be authorized to proceed
with the recommendations of the Commission. The motion was seconded by Councilman McCall and on
roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
9. ` From the Recreation Commission transmitting Phase I plan for development of Northside Park.
Recreation Commission Chairman O'Maley presented the recommendations and requested approval of the
plans and authority to proceed. He pointed out the plans were on a Phase I and Phase II basis as
homes in the area were still in the process of being purchased. The total park would be 4.5 acre
and allowed for no off-street parking. Phase I included basketball courts, an open turf area for
football, soccer or baseball, and a picnic area, and was a result of a considerable amount of input
from citizens and students. A building was also requested but not funded and he stated the Commission
had decided to request a modular building which could be expanded. He then introduced the architect,
Mr, ArutUniun'
Mr, ArutWnidn illustrated the plan by using a large drawing and further expounded on its elements
and, in particular, the building, a scale model of which was displayed.
Considerable discussion of funding Phase I, the building and Phase II followed. The limitations
of both Housing and Community Development Act funds and the funds being used to construct Washington
Park were explained. City Manager Goss estimated financing to build the initial module of the
proposed building could be found during the second year of the Housing and Community Development Act.
Councilman Corica moved the report be accepted and the Recreation Director be authorized to proceed
with the Phase I plan, including plans for the initial module of the proposed building, but not
to include construction of the building until funding was available. The motion was seconded by
Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent:
Councilman Beckam, (1).
10. From the City Manager recommending approval of proposals of the Traffic Advisory Committee
concerning traffic problems on Otis Drive.
On question, City Engineer Hanna explained adjacent property owners had not been notified and
the only parking elimination would be on the south side of Otis Drive between Willow and Park
Streets. This area was mostly vacant and little used for parking.
Mr. Arnold Johnson, Traffic Engineer Consultant retained by the City to study Otis Drive in the
area of the South Shore Shopping Center, spoke. He reported the area 3tUfed was between Willow
Street and Broadway, particularly inn2lation to traffic signals, pedestrians, and the need for
striping and channelizing traffic. The final recommendations resulted from considerable on-site
study, traffic counts, accident analysis and 0bS2rvution. He further elaborated on specific
recommendations.
On question, City Engineer Hanna estimated it would cost $25,000 for signalization, with the state
sharing the cost for the signal at Broadway and Otis Drive.
Councilman McCall moved the report be approved, subject to notification to adjacent residents
and businesses of the proposed parking changes in the area, and the matter be returned to the
Council for final approval on February 18. Councilman Hurwitz seconded the motion which carried
on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
Mrs. Darlene Banda, 919 Delmar, questioned the City Engineer on the proposed widening of Otis
Drive between Park Street and Broadway. Mr, Hanna explained this referred to the corner-rounding
where the senior citizen complex would be built.
A ten-minute recess was called. Upon reconvening, the meeting proceeded with the regular order
Of business.
11. President La Croix congratulated the Fire Department on the celebration of its 90th
birthday on the 2nd of February.
12. From the City Manager submitting staff analysis of proposal to use a portion of Bay Farm
Island as a refuse disposal site.
Mr. John Barni, Jr. commented on the staff reports presented by the City Manager and suggested
several items included were not supported by fact. With reference to the "expensive' cost to
purchase property owned by Harbor Bay Isle Associates, he stated no price had been set and the
cost could not be known at this time, With reference to Oakland Scavenger Company collecting
Alameda garbage, he stated he believed no willingness for any amount had been shown by that company.
He noted the cost of transferring to the Altamont locaticn was not shown and said it was his
understanding the Altamont location had not yet been approved. He asserted the cost of operating
a disposal site would be the same, but the transfer expenses would be the high cost factor. He
suggested property now belonging to the City might be exchanged for property owned by Harbor
Bay Isle Associates.
President La Croix pointed out Councilman Corica presently served on the County-wide committee
studying solid waste disposal. He said it was his opinion the matter could no longer be treated
as an individual city problem but must be considered on a County-wide basis.
Councilman Corica reviewed the requirements and responsibilities of the Solid Waste Disposal
Committee and their projected plans.
Mr. Barni elaborated on his comments and suggested a committee be formed with at least one Council
member to gain additional information not readily available tonight.
After lengthy discussion, Councilman Corica moved acceptance of the report with the request that
Alameda City Disposal offer comment, either written Or Ora]. Councilman Hurwitz seconded the
motion which carried on the following roll call vote. Ayes: Four. Noes: None, Absent:
Councilman Beckam, (1).
13. From the City Manager recommending public improvements in a portion of subdivision Tract
No. 3422 (Garden Isle), west of Melrose, be accepted except for the asphalt pavement and concrete
gutters.
On question, the City engineer explained the developer was requesting partial approval because of
its substantial investment in this portion of the subdivision. He further stated the curb and
sidewalk were the responsibility of the property owners; the asphalt pavement, gutters, storm
drains, sanitary sewer and street trees were the responsibility Of the City, and any damage done
by subsequent construction would be the responsibility of the contractor.
Councilman Corica moved the public improvements in the portion of the subdivision (Tract No. 3422)
west of Melrose be accepted except for the asphalt pavement and concrete gutters. The motion was
seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes:
None. Absent: Councilman Beckam, (1).
14. From the City Manager recommending contract be awarded to BEPCO, Inc' for the project of
installation of storm drains at Third Street and Central Avenue, at an estimated price of $17,849'75.
Councilman Hurwitz moved acceptance of the report and award of the contract to the designated
company in the stated amount. The motion was seconded by Councilman McCall and carried on the
following roll Call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
UNFINISHED BUSINESS:
15, President La Croix stated that some time agc the Council had agreed to initially underwrite
a portion of the cost of Alameda High School's lOOth anniversary commenorative buttons The Chamber
Of Commerce had now asked the City for half of the $500 cost and he recommended payment be
authorized.
Councilman Corica moved the expenditure of t250 from the Contingency Fund be approved for this
purpose. Councilman Hurwitz seconded the motion which carried on the following roll call vote.
Ayes: Four. Noes: None. Absent: Councilman Beckam, (1).
NEW BUSINESS:
16. Councilman Corica asked the City Engineer to look into the possibility of some method of
alleviating traffic on High Street.
17. President La Croix requested a hearing date for consideration of the Condominium Conversion
ordinance be set for February 18, 1975. It was so ordered.
18. President La Croix complimented the Assistant City Manager on the first publication of the
Alameda City Report which was being mailed to all residents through the Bureau of Electricity bills.
19. Councilman McCall congratulated the PTA Voter Registration program and invited the public to
attend the raising of the Bennington Flag on Thursday, February 6, at 11:30 a.m. at South Shore
Center, mall area.
INTRODUCTION OF ORDINANCES:
20. Councilman Hurwitz introduced the following ordinance, after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
Adding, Amending and Repealing Certain Sections and Articles of
the Alameda Municipal Code Relating to Animals, Health Nuisances
and Enforcement Provisions."
The motion was seconded by Councilman Corica and carried on the following roll call vote. Ayes:
FoUr, Noes: None. Absent: Councilman Beckam, (1).
21. "Ordinance No.
New Series
Authorizing Transfer of Certain City-Owned Real Property to the
Alameda Unified School District."
President La Croix noted this ordinarce had been prepared at the request of the School District.
On question from Councilman Corica, the City Manager stated the properties involved, over the
years, should probably have belonged to the School District, but the legal title was left with the
City as there was no formal Board of Education at the time the initial schools were built. The
School District had requested this ordinance to clarify this ambiguous question.
City Attorney Stroud stated the County Counsel was trying to clarify the complete picture.
The City Manager stated the title could be quieted by quitclaim deed, the School District could
bring suit to clear the titles, or this ordinance could be modified.
President La Croix reviewed the amounts of land involved in each specific question, questioned who
would benefit from the exchange and stated the basic question was a political one between the
separate entities of the City and the School Board.
Councilman Corica suggested a trade should be made for property the School District owns but was
not using.
After considerable discussion, the City Manager was directed to contact the Superintendent of
Schools regarding the possibility of an exchange of land and also to obtain a statement of lands
owned by the District not used specifically for school purposes.
Mrs. Inez Kapellas stated she had become interested in this particular situation and had done
some investigation. She said she felt the Lincoln School site should belong to the City and funds
be used for capital improvements should the property be sold.
Mr. Gary Johnson spoke specifically in regard to Lincoln School and the question of its relocation
on the Wood property.
It was ordered the ordinance be held over pending receipt of the City Manager's report on his
discussion with the Superintendent of Schools.
ORDINANCES FOR PASSAGE:
22. "Ordinance No. 1751,
New Series
Amending the Alameda Municipal Code by Amending Subsection (d) of
Section 3-1412 Relating to Definition of 'Transient' in the Uniform
Transient Occupancy Tax Ordinance of the City of Alameda."
Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by
Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: None.
Absent: Councilman Beckam, (1).
23. "Ordinance No. 1752,
New Series
Amending Certain Portions of the Alameda Municipal Code Relating
to Traffic Regulations."
Councilman Hurwitz mOved the ordinance be passed as submitted. The motion was seconded by
Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: N0De, Absent:
Councilman Beckam, (1).
BILLS:
24. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of S117,451'08, 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
February 4, 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:
Four. Noes: None. Absent: Councilman Beckam, (1).
ORAL COMMUNICATIONS, GENERAL:
25. Mrs. Carol Heche, 1521 Union Street, spoke regarding a community pageant to be presented in
honor of the Bicentennial Celebration. She noted it would be held in the Alameda High School
auditorium and there would be no admission charge, however donations to either the Historical
Society Museum or a Cultural Center were being requested.
26. Mrs. Helen, Freeman, 831 Laurel Street, inquired about the status of a previously requested
letter from the Corps of Engineers regarding the perimeter fill of Bay Farm Island. She was
advised the Assistant City Manager would follow through with her request.
27. MrS, Inez Kapellas suggested indoor-outdoor carpeting be installed in the City Hall as a
form of accident prevention.
MrS. Kapellas also commented on a rumered statement by a candidate for Mayor that he wanted a
$1,000 monthly salary and an assistant. She strongly voiced her objection.
FILING:
29, Affidavit of City Manager and Chief of Police - re Police Secret Fund for period from July 1,
1974 to December 30, 1974.
30' Financial and Operating Report - Bureau of Electricity as of November 30, 1974 - Verified
by George A. Mucklemnn.
31. Financial Report - City of Alameda - as at December 31, 1974.
ADJOURNMENT:
32. There being no further business to come before the meeting, the Council adjourned to assemble
in regular session on Tuesday, February 18, 1975, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk