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1975-02-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - -FEBRUARY 18, 1975 The meeting convened at 7:30 o'clock p'0. with President La Croix presiding. The Pledge of Allegiance was led by Councilman Beckam and was followed by an Invocation delivered by the Reverend Mervin R. Megill, Pastor of Immanuel Baptist Church. ROLL CALL: The roll was called and Councilmen Beckam, Corica, Hurwitz, McCall and President La Croix, Jr., (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held January 21, and February 4, 1975, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mrs. Edith M. Hagstrom, 308 Laguna Vista, thanking members of the Fire and Police Departments for their efforts to help her husband. It was directed the letter be accepted with appreciation and copies of the communication be transmitted to the Fire and Police Depurtments, 3. From the Alameda Animal Rescue and Control commenting on Pound operation. The communication was ordered accepted and the Committee thanked for its efforts and complimentary remarks. 4. From Mr. Robert C. Rehfeld, 348 Tideway Drive, requesting the Council to review fencing and posting of "No Fishing" signs On both sides of the bridge at Ballena Boulevard. The City Manager reported there was an agre2ment between Pan-Pacific Development Company and BCDC for the construction of the breakwater and fishing Oier, and the Council was in receipt of a letter this date from Pan-Pacific requesting an easement over City tidelands for this purpose. He suggested consideration be given to alternatives which would furnish fishing facilities in the area before preventing f15h1ngfrOm the Ballena Boulevard bridge. Councilman McCall stated meetings had been held with representatives of the Board of Education and Naval Air Station, as well as contacts having been made with the appropriate commissions in Sacramento, and there was a real possibility of developing the boat ramp and fishing pier behind Encinal High School. He said he felt this should be pursued as much as possible before granting any easement. He suggested a round-table discussion to come up with the best alternatives for the total program. The City Manager was directed to arrange a meeting between staff members, Councilmen McCall and Corica, and representatives of the Pan-Pacific Development Company, Ballena Bay Townhouse Associa- tion and BCDC. 5. From Mr. Robert L. Young, Attorney, representing the Alameda Family Service Agency, requesting Council to consider donating City property to house the home offered by Mr. Robert Lippert. The City Manager stated he understood there had been discussion between representatives of the Alameda Housing Authority and the Family Service Agency about the possible relocation of the struc- ture on land owned by the Authority. Mr. Richard C. Marquardt, Executive Director of the Housing Authority, reported the matter had not yet been presented to the members of the Authority, however, he considered it an excellent idea which should be of mutual advantage to both agencies. Councilman Hurwitz expressed his approval of the suggestion, however asked if the same questions raised by the City Manager in his written remarks to the Council on the subject would be valid in this instance. President La Croix stated he believed the questions would not be as valid as the Agency would be relocating in an area where it could properly service the community. Councilman Beckam suggested a Social Service Center placed on City property might possibly house all the social service agencies and would not set a precedent of the giving of land to a private agency. Mr. Charles Tillman, 2415 Roosevelt Drive, spoke concerning the City-owned property at Willow Street and Otis Drive. He said he believed it would be advantageous to the Council to have the City Attorney review the title to ascertain the purpose for which the land could be used. The City Attorney was directed to comply with the request and prepare a report. 6. From the Veterans of Foreign Wars, Cpl. Leonard B. Hollywood Post NV. 339, signed by Commander George Leforgey, requesting the Council to establish a Bicentennial committee to coordinate the observance of the 200th anniversary of the United States. President La Croix noted Councilman Hurwitz had been appointed to the County Bicentennial Committee and would follow through on behalf of the City. Councilman Hurwitz said he thought the important goal would be to strive for recognition as an official Bicentennial Community. He reported this must include one project in each of the three program categories and two projects were currently in progress. This recognition would allow use Of the American Revolution Bicentennial Administration logo, an official Bicentennial flag would be presented, the City would be lister' in the national master register, and funding might be available for sponsored projects. Councilman Hurwitz stated the Committee must be broadly repre- sentative of the entire community and many persons and organizations had expressed their interest in serving. HEARINGS: 7. In the Matter of a Public Hearing on the Final Application for Housing and Community Development Act Funds. Communications had been received from the Alameda Victorian Preservation Society suggesting uses for the funds; and from Mr. John B. Doherty, 1329 Webster Street, suggesting the houses being moved from the Alameda High School site be located on the present Lincoln School site. The City Manager stated this application incorporated the preliminary application as modified by comments made at the hearing held January 21, 1975; that minor modifications of a technical nature would still be necessary, the first being the matter of funding. Mr. Goss reported notification had been received in the past several days that the allocation had been reduced by $7,000 to a total of 3260,000. He stated modifications would be made in Project 75-2, reducing a salary of a Community Relations Assistant to 58,000; in projects listed as alternatives under 75-3 and 75-3(a) involving homes and modular units to be acquired by the Housing Authority which would be reduced to $220,500; and the unspecified local option activity of $1,800 would be eliminated. He requested permission to make other minor modifications in the application consistent with the overall program and long-term and short-term objectives, in order to meet any of the technical problems which HUD or ABAG might have in processing the application. He noted an Environmental Impact Report had been prepared based on the preliminary application and was being reviewed by Various agencies, both locally and in the region. Mr. Richard D. Marquardt, reported the Housing Authority was proceeding with the purchase of 40 modular UOft3, and this project should be completed by June 1, 1975. In addition, they planned to supplement the units by the houses to be acquired from the Alameda Unified School District. He offered an explanation of the size of the modular units and how they would be placed on the Authority property. The President declared the hearing opened. On the call for proponents, Mrs. Dorothy Allen, 1020 Pacific Avenue, requested the Council consider the use of the Social Service Board as a facility for applying for future funds. On the call for opponents, there was no response. The hearing was declared closed. Councilman Hurwitz moved approval of the fj0ol application and that the City Manager be authorized to make minor modifications as necessary. The motion was seconded by Councilman Corica and carried on the following roll call YOte, Ayes: Five. Noes: None. Absent: None. O. In the Matter of a proposal initiated by the City Planning Board to amend certain sections of Zoning Ordinance No. 1277, New Series, by adding sections defining condominiums and similar develop- ments as multiple houses and establishing regulations for the design thereof; establishing open space requirements in all zoning districts and changing the off-street parking requirements for multiple houses-dwellings and establishing requirements for multiple dwellings and multiple houses. The Clerk reported 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 of hearing in the matter. In connection with this hearing, communications had been received from the City Planning Board, signed by the Secretary, transmitting the recommendation of the Planning Board; from the Secretary Of the City Panning Board transmitting minority report of the Board; from the Secretary of the Planning Board commenting on the Critical Ratio and minimum dwelling unit requirements of the proposed ordinance; and from the Alameda Board of Realtors commenting on the proposal. City Attorney Stroud explained the issue before the Council was to determine, after public hearing, whether the zoning ordinance should be amended in part or totally as proposed. Mr. Phillip N. Judge, Assistant Planner, reported the proposal was the result of a year-long study conducted by a subcommittee of the Planning Board in an effort to establish an ordinance covering condominium conversions and new construction, including a modification of the open space require- ments, parking, and other areas which were felt would be of benefit. Councilman Hurwitz referred to the minority report in which the opinion had been expressed that the minimum number of eight units had not been justified and the critical ratio section was complicated. He requested a clarification. Mr. Judge stated, from the Planning staff's point of view, it was felt the critical ratio would be difficult to enforce because of the lack of current data upon which to base a vacancy factor. He renort2d the eight dwelling unit figure was arbitrary, as far as staff was concerned, and they would have no justification to say that anything less than eight would make a bad conominium or units of ten would make good condominiums. Councilman McCall noted the ordinance contained no provisions governing the condominium conversion Of business office buildings. Mr. Judge said this was a new trend which had not been considered. The President declared the hearing opened. On the call for proponents, Mr. Joseph Sullivan, 3221 Liberty Avenue, stated he felt potential buyers of condominium conversions should be given every possible protection. On the call for opponents, the following persons addressed the Council. Mr. John Anthony, 450 Park Street, stated he appeared as both proponent and opponent, and remarked his application for conversion of the complex known as the Coral Reef Motel and Apartments had been pending since September, 1974. He noted the ordinance was in two parts, one dealing with new construction and the other with conversions. He expressed his opposition to the 3% or any percen- tage, as a critical ratio vacancy figure as it would be difficult to control, either by the developer Or the City, however stated he felt he could accept the proposed ordinance if this section were deleted. Mr Albert Kessler, 45 Westminster Drive, Oakland, said he, too, was both a proponent and opponent of the ordinance. He stated he had no quarrel with any of the requirements as far as complying With construction, however did object to the arbitrary 3% vacancy ratio figure. He expressed the opinion that approval of the ordinance containing that provision would stop all conversions. Mr. Sam Youno, 1722 Central Avenue, stated his opposition to the 8-unit limitation and the critical ratfo. There followed a discussion of the operation of homeowners' associations and the availability of rental stock. Mr. Young said, in his opinion, the Housing Element of the General Plan should be completed prior to adoption of the proposed ordinance and it was brought out that this was approxi- mately a year away. President La Croix indicated he would favor adoption of the ordinance, with certain deletions, with a review after the Housing Element had been completed. He asked Mr. Young, if the critical ratio and unit limitations were deleted from the ordinance, how many applications he thoughtthe City would receive within the next year for condominium conversion. Mr. Young estimated applications would be made for not more than 1500 units because of the present economy which had affected interest rates and the buying market. Mr. John Barni, Jr., 1227 Bay Street, questioned the open Space, requirements of the ordinance to which Mr. Judge and Mr. Stroud replied. Dr. George 3impn. 863 Walnut Street, spoke favoring adoption of the proposed ordinance. Mr. Charles Tillman, 2415 Roosevelt Drive, said in fLtAre years he planned to sell his home and would like assurance there would be rental units available within the City at that time. Mrs. Bernice H. Wampler, 1170 Ninth Street, Unit #5, expressed her satisfaction with condominium ownership. She stated her objection to the ordinance, as proposed, was that it would tend to put a halt to condominium conversions. The hearing was declared closed. At the conclusion of lengthy discussion, Councilman Hurwitz moved the City Attorney be directed to prepare an ordinance for introduction at the next meeting of the City Council as per the submitted draft with the deletion of Section 1l-14D7 - Critical Ratio, and the ordinance to be reviewed upon completion of the Housing Element The motion was seconded by Councilman Beckam and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of business. UNFINISHED BUSINESS: 9. From the Mayor's Ad Hoc Finance Committee on Capital Improvements submitting Final Report; from Mr. James P. McClure submitting Minority Report; and from Mr. Donald J. Gehb offering his comments On Committee action. The City Manager stated he believed the Committee had done an excellent job in exploring the possi- bility of alternate methods of funding capital improvements. He suggested he be authorized to meet with the Chairman of the Committee for discussion of a more acceptable form of Transfer Tax for submission to the Council in March. President La Croix stated he wished to make it publicly known that the Council was not considering the imposition of a Sewer Tax, and the Committee would remain active. The City Manager was directed to pursue his suggestion. 10. From the City Manager recommending approval of proposals of the Traffic Advisory Committee concerning the traffic problems on Otis Drive. The City Engineer reported the affected area had been posted as directed by the City Council. For the edification of the Council members and audience, he described the proposals and pointed them Out on a map. On question put by Councilman Beckam concerning participation by the State in the proposal for the Boradway-Otis Drive intersection, Mr. Hanna indicated the State had indicated no objection to the rearrangement. Following discussion, Councilman Beckam moved approval of the project subject to participation of the State in the intersection rearrangement at Broadway and Otis Drive. The motion was seconded by Councilman Hurwitz and carried unanimously on roll call vote. 11. Councilman Beckam requested the City Engineer to submit a monthly report on the Pound operation no later than the second meeting of the following month. RESOLUTIONS: 12. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8310 Establishing Election Precincts, Designating Polling Places Therefor and Naming Officers of Election for Each Precinct for General Municipal Election to be Held on Tuesday, March 11, 1975." 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. 13. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8311 Cancelling City Taxes on Property Acquired by the Alameda Unified School District for Public Purposes." /2220 Alameda Avenue) 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. 14. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8312 Cancelling City Taxes on Property Acquired by the Alameda Unified School District for Public Purposes." (2253 Encinal Avenue) The motion to adopt said resolution was seconded by Councilman Corica and carried on the following roll call vote. Ayes: FfY8, Noes: None. Absent: None. 15. The following resolution was introduced by Councilman Corica, who moved its adoption: "Resolution No. 8313 Authorizing Execution of Agreement Between City and Jack Cummings for Performance of Services of Golf Professional at Alameda Municipal Golf Course." The motion to adopt said resolution was seconded by Councilman McCall. There followed a discussion of the term of the Agreement, as set out in paragraph A-2. Councilman Beckam questioned the "First Payment Period" which it was stated would be the first year of the term or until the completion of the driving range operating building and a rehabilitated teeing area for the driving range, whichever occurred first. Councilman Hurwitz stated a plan had been adopted for the driving range which had not as yet been funded. It was the consensus of the Council members the foregoing paragraph should be amended to read: "The 'First Payment Period' shall be the term required to complete the driving range operating building and a rehabilitated teeing area for the driving range." On a call for the question, the motion to adopt said resolution, with the Agreement to be amended as stated, carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 16' Councilman Hurwitz introduced the following ordinance, as proposed by the Design Review Board and dated February 18, 1975, 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 9, Articles 1 Through 5, to Title X Thereof, Consisting of Sections 10-911 Through 10-951, Relating to Preservation of Historical Monuments." The motion was seconded by Councilman Beckam and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 17' Councilman Beckam 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 13-1933 of Article 9, Chapter 1, Title XIII Thereof, Relating to License Fees for Peddlers and Solicitors." The motion was seconded by Councilman Hurwitz and carried on the following roll call vote Ayes: F1V8, Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 18. "Ordinance No. 1763, New Series Amending the Alameda Municipal Code by Amending Section 1l-14811 Thereof, Relating to Abatement Schedule for Non-Conforming Outdoor Advertising Display Signs," Councilman Hurwitz moved the ordinance be passed as %ubmitted. The motion was seconded by Council- man Beckam and carried on the following r0]] call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. 19' "Ordinance No. 54, New Series Adding, Amending and Repealing Certain Sections and Articles of the Alameda Municipal Code Relating to Animals, Health Nuisances and Enforcement Provisions." 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: Five. Noes: None. Absent: None. BILLS: 20. An itemized List of Claims against the City of Alameda and the Departments thereof in the total amount of S73,075.12, 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 18, 1975, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 21. Mr. Richard Sherratt, Vice President of the Alameda Jaycee's, announced a civic testimonial dinner, jointly sponsored with the Alameda Chamber of Commerce, would be held Friday, March 14, 1975, honoring Mrs. Marion Cavanaugh, Mayor La Croix and Councilman McCall for their many years of public service. He invited attendance. FILING: 22. Agreement, as amended - Between City and Jack Cummings - for Golf Professional Services. ADJOURNMENT: 23. There being no further business to come before the meeting, the Council adjourned in respect to the memory of Mr. JACK J. PELLERITE, President of the Public Utilities Board, to assemble in regular session on Tuesday, March 4, 1975, at 7:30 o'clock p'm. Respectfully submitted, City Clerk