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1975-03-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - MARCH 13, 1975 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman Corica. As Reverend Leonard Deakins, Pastor of the Church of the Nazarene, was not able to be present, President La Croix asked for a moment of silent prayer. ROLL CALL: The roll was called and Councilmen Corica, Hurwitz, McCall and President La Croix, Jr,, (4), were noted present. Absent: Councilman Beckam, (1). WRITTEN COMMUNICATIONS: 1. From the Smith-Rice Company, signed by Mr. William H. Mueser, Jr., submitting an Application for a Permit to Dredge and Fill Certain Property - 5,000 cubic yards of dredging and 200 cubic yards of fill - at the north end of Walnut Street at the Estuary. City Engineer Hanna explained it was necessary for the applicant to obtain a permit from the City before they could proceed with the other necessary permits from BCDC and the Corps of Engineers. Councilman McCall moved the permit be approved contingent upon all other required permits being obtained. Councilman Hurwitz seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 2. From Mr. J. Paul Gutleben, 2844 San Jose Avenue, complaining of the lack of access to a public walkway in the vicinity of 3227 Fernside Boulevard. City Engineer Hanna indicated the walkway did provide public access and the gate was not locked. He stated BCDC would soon require the property to be posted for public access. Mr. 8utleben commented further on his letter and presented several photographs of the premises and another location on Monte Vista Avenue. He objected to the public access being blocked by a gate and the storage of boats and vehicles on public property. He further stated the property should be returned to its original condition and suggested perhaps the Courts should decide the matter. Councilman Corica reviewed other areas where private citizens had voluntarily improved public accessways and indicated the results were a definite improvement to the City. The City Engineer was directed to review access to the public areas along the Estuary, and, if vehicles were being parked on or blocked oublic access, they should be removed. 3. From Mr. Vern W. Dennen, 1026 Everett Street, concerning the licensing practice of the City and complaining about the undeveloped sidewalk at the corner of Everett Street and Blanding Avenue. President La Croix stated the City Engineer would soon begin a general clean-up of the area now that the shopping center was complete, and the sidewalk would be either repaired or replaced. REPORTS AND RECOMMENDATIONS: 4. From the City Planning Board, Signed by the Secretary, making recommendation OD the request of Harbor Bay Isle Associates to change the names of portions of Maitland Drive, County Road and Mecartney Road, and naming of a proposed street. Planning Director Patterson explained the recommendation and stated it was being made at this time to eliminate street address confusion. He indicated no one had appeared at the Planning Board hearing either in favor or opposition. He stated various City and other governmental agencies had been contacted and had expressed no objection. Councilman McCall commented on the alignment and its effect on possible development by owners other than Harbor Bay Isle Associates. Mr. Oscar Barry, representing Doric Development, stated there had been confusion with street addresses and it appeared advantageous to make the changes now because so few addresses were involved. Councilman Corica moved approval of the recommendation of the Planning Board. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 5. From the City Planning Board, signed by the Director, reporting a public hearing had been held on March 3, 1975, for review of the Draft Environmental Impact Report prepared for the Housing and Community Development Act application for federal funds. Councilman Hurwitz moved acceptance of the report and approval of the Final Environmental Impact Report. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 6. From the City Manager recommending open market purchase, under Section 3-15 of the City Charter, for purchase cf a trailer for use as a temporary Fire Station on Bay Farm Island. Councilman McCall moved approval of the recommendation. The motion was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). NEW BUSINESS: 7. Councilman Hurwitz commented on AB 1098 (Miller, Mean and Lockyer) which would require a vote the people to construct the Southern Crossing. He requested a resolution supporting the Bill. Councilman McCall asked for clarification of the Bill's references to Route 01, which is also the shoreline freeway. He requested the City Manager and City Attorney to analyze the Bill. President La Croix suggested the Council take an affirmative action based upon the recommendation Of the City Attorney and that a resolution be prepared for Council consideration on April 1, 1975. Councilman Hurwitz then offered the foregoing as a motion, which was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckon, (1). B. President La Croix commented on Assemblyman LOCk«er's Bill which would make local jurisdictional elections pDrtisoO. He stated the Bill had been rejected by the League of California Cities at their last board meeting. Councilman Corica moved Assemblyman Lockyer and other City representatives in Sacramento be informed of the Council's opposition to this Bill. The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). D. Councilman McCall referred to a memorandum received from Mr. Raymond D. Martin, City Auditor, ex-officio Assessor, regarding a change in the California Revenue and Taxation Code which would allow the City Council to provide, by ordinance, for the reassessment of property damaged by misfor- tune or calamity. The City Manager reported Mr. Martin was compiling the necessary information and a report would be forthcoming in the near future. RESOLUTIONS: 10. The following resolution was introduced by Councilman McCall, who moved its adoption: 'Resolution No. 8316 Amending Salary and Position Resolution No. 8233 by Creating One (1) Additional Position of Jr. Civil Engineer and One (1) Position of Intermediate Typist Clerk and by Deleting One (1) Position of Assistant Civil Engineer and One (1) Position of Senior Stenographer Clerk in the Engineering Department; by Creating a New Position of Golf Course Maintenance Foreman and a New Position of Golf Course Irrigation Leadman and Establishing the Salaries Therefor; and by Deleting the Classification Of Golf Course Maintenance Supervisor and One (1) Position of Golf and Park Maintenance Man." The motion to adopt said resolution was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: NOne, Absent: Councilman Beckam, (1). 11' The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8317 Requesting Cancellation of County Taxes on Real Property Acquired by the City of Alameda for Municipal Purposes (3.616 Acre Parcel Located Between Buena Vista Avenue and Pacific Avenue, and Between Sherman Street and Benton Street).' The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 12' The following resolution was introduced by Councilman Hurwitz, who moved its adoption: 'Resolution No. 8318 Cancelling City Taxes on Property Acquired by the City of Alameda for Municipal Purposes (3'616 Acre Parcel Located Between Buena Vista Avenue and Pacific Avenue and Between Sherman Street and Benton Street).' The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 13. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8319 Adopting Specifications, Special Provisions and Plans for the Installation Of a Storm Drain at the City Dump on Bay Farm Island, Alameda, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 14. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8320 Adopting Specifications, for Furnishing to the City of Alameda Eight (8) Intermediate Patrol Cars, Five (5) Compact Sedans and One (1) Sub-compact Sedan, Culling for Bids and Directing City Clerk to Advertise Same." The mOtiO/ to adopt said resolution was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 15. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8321 Rejecting Claim of State Farm Mutual Automobile Insurance Company Against City." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). 16. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8322 Declaring Canvass of Returns and Result of General Municipal Election Consolidated with Special School District Bond Election and Special Municipal Charter Amendment Election Held on March 11, 1975." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). President La Croix congratulated Mayor-elect Corica and Councilman-elect Sherratt on their success. Councilman McCall requested the tabulation of precincts and votes be forwarded to the P.T.A. Voter Registration Drive as an aid in their efforts. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 17. Councilman McCall introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). ORDINANCES FOR PASSAGE: 18. "Ordinance No. 1757" New Series Amending the Alameda Municipal Code by Amending and Adding to Certain Sections Thereof, Defining Condominiums and Similar Developments and Establishing Regulations for the Design Thereof; Amending the Off-Street Parking Requirements for Multiple Dwellings and Establishing Open Space Requirements in All Zones." On request, City Attorney Stroud reviewed the Density and Critical Ratio sections of the ordinance which had been sent back by the Council to the Planning Board for reconsideration. Because an alternative to the Critical Ratio section had not been determined, he suggested an addition of Subsection (h) to Section 11-14D3, to read: "There is not less than eleven hundred 0,100\3quare feet of lot area for each family dwelling unit. This subsection shall have no force and effect after August l, 1975." Councilman Hurwitz asked if the Ordinance could be amended and passed. The City Attorney explained this action could be taken. Councilman Hurwitz moved the ordinance be passed as amended. The motion was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). On the suggestion of the City Manager, Councilman McCall moved that any pending tentative maps for condominium conversion be ramanded to the Planning Board for consideration. Councilman Hurwitz seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). BILLS: 19. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of S91,389.55, was presented to the City 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 March 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: Four. Noes: None. Absent: Councilman Beckam, (1). ORAL COMMUNICATIONS, GENERAL: 20' Mr. Charles Tillman, 2415 Roosevelt Drive, spoke concerning Assembly Bill 263 which would increase the allowed reduction of taxes for senior citizens, and a Senate Bill introduced by Senator Robbins which would allow senior citizens to defer taxes. The City Manager was directed to obtain copies of these Bills for analysis and Council consideration. Mr. Tillman also commended those persons who had given a great deal of service to the City and suggested they be remembered when naming schools and streets. 21. Miss Joan Narahara, 106 Garden Road, asked if the final alignment of the intersection of Garden Road, Island Drive, Maitland Drive and Harbor Bay Boulevard had been determined. The City Engineer stated it had not. Miss Narahara noted the East Bay Municipal Utility District was putting in a new waterline behind her home and stated it was creating a hazardous condition. City Engineer Hanna said he would inves- tigate the matter. FILING: 22. Specifications No. PW 3-75-2 - Installation of Storm Drain at City Dump on Bay Farm Island. 23. Specifications No. MSP 3-75-1 - Eight (8) Intermediate Patrol Cars for Police Department; Five (5) Compact Sedans for Various City Departments; One (1) Sub-compact Sedan for Purchasing Department. 24. Councilman Hurwitz moved the Council retire to executive session for a discussion of pending litigation and personnel matters. The motion was seconded by Councilman McCall 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, Councilman McCall moved that the City join with Harbor Bay Isle Associates in a civil action against the Port of Oakland. The motion was seconded by Councilman Corica and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Beckam, (1). ADJOURNMENT: 25. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday, April 1, 1975, at 7:30 o'clock p.m. Respectfully submitted, Deputy City Clerk