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1975-06-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - -JUNE 17, 1975 The meeting convened at 7:30 o'clock p.m. with President Corica presidirg. The Pledge of Allegiance was led by Councilman Sherratt and was followed by an Invocation delivered by the Reverend Albert Larsen of the First Presbyterian Church. ROLL CALL: The roll was called and Councilmen Beckam, Cid0eOt, Hurwitz, Sherratt and President Corica, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the adjourned meeting held May 27, and the regular meeting held June 3, 1975, were approved as submitted. WRITTEN COMMUNICATIONS: 2. From Mrs. Dorothy C. Allen, 1020 Pacific Avenue, questioning the manner of selection of appointees to Boards and Commissions and suggesting a two-term limitation. President Corica stated this item would be discussed under "Unfinished Business". 3. From Mr. Peter J. Kuyper, 718-D Buena Vista Avenue, concerning the posting of gasoline prices at service stations. President Corica reported Senate Bill 59, introduced by Senator VOSc0nS, would require every gasoline station to post the lowest price per gallon for regular, premium and unleaded gasoline in a manner clearly visible from the closest adjacent thoroughfare, except as otherwise provided by local ordinance; that it had passed the Senate and was now before the Assembly. Councilman Hurwitz said he though it would be an excellent idea to adopt a local ordinance, if the bill did not pass, and the City of San Francisco had done so. Councilman Beckam suggested the matter be referred to the Planning Director and the Design Review Board for a report, and it was so ordered. Planning Director Patterson stated staff and the Design Review Board were aware of the bill and this would also be taken into consideration in the drafting of the sign ordinance, however should the bill pass it would preempt local regulations. 4. From Mr3, Mabel C. Besoyan, 2421 Marti Rae Court, complaining of traffic and noise in the vicinity of her home. Attorney Richard P. Schacht, representing Mrs. Besoyan, explained his client's concern was with noise emanating from Redwood Square in the night and early morning hours, and the excessive numbers of cars parking and driving through the parking lot in back of Redwood Square and the one next to Marti Rae Court on Park Avenue. He stated these conditions were magnified on weekends because of the in- creased activity in Redwood Square. Following discussion, the City Engineer was directed to investigate the complaint and submit a report. 5. From Mr. Leon F. Corcos, 3125 Bayo Vista Avenue, proposing the Vain Library be relocated to the Post Office building and the Library building and adjacent properties be converted to a Police Head- quarters and Municipal Court complex. President Corica noted this particular concept had been studied and it had been determined the Library building was not adaptable to the needs of the Police Headquarters. The City Manager was directed to respond to the communication and relay this information to Mr. COrcrs. HEARINGS: 6. In the Matter of a Proposal initiated by the City Planning Board to rezone certain property known as 736 Eagle Avenue, a portion of Makassar Strait Village, from "R-5", General Apartment District, to "R-5-G", General Apartment, Special Government Combining District. The City Clerk indicated the Affidavit of Publication of the required Notice of Hearing was on file and all interested parties had been notified this would be the time and place for hearing in the matter. President Corica informed the audience this rezoning proposal had been approved by the Planning Board and was simply a modification of a prior action and a requirements of the zoning ordinance. The hearing was declared opened. On the call for proponents or opponents, there was no response. The President declared the hearing closed. Councilman Beckam moved acceptance of the report. The motion was seconded by Councilman Sherratt and on roll call carried by unanimous vote. There being no objection, the meeting proceeded to "Introduction of Ordinances". 8 INTRODUCTION OF CRDINANCES: 7. Councilman Beckam introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N'S." (From R-5, General Apartment District, to R-5-G, General Apartment, Special Government Combining District - Applicant, Alameda Housing Authority) The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: N0ne, The meeting returned to the regular order of business. HEARINGS: O. In the Matter of the Report of the Superintendent of Streets concerning sidewalk repairs at 2329 Eagle Avenue. On request, the City Engineer reviewed the actions which had been taken leading up to his report. He stated that State law and the Alameda Municipal Code require public sidewalks to be kept in a condition that is safe and convenient for the public use and the abutting property owner is Charged with that responsibility. In the present manner, following a reported personal injury accident, a hazard had been determined to exist in the sidewalk in front of property located at 2329 Eagle Avenue, owned by Mr. Oren B. Johnson; that notices had been mailed to the property owner and the property had been posted in accordance with the appropriate sections of the Streets and Highways Code, and the property owner had failed to make the required sidewalk repairs. Thereafter the City had proceeded to hire a contractor and make the necessary repairs to eliminate the deficiency and had incurred costs in the amount of $55.24. Mr. Hanna reported, pursuant to Section 5016 of the Streets and Highways Code, a notice had been given to the property owner, by certified mail, that this would be the date, time and place for hearing in the matter. Documents in support of his statement were presented to the City Clerk for filing. The hearing was declared opened. Mr. Johnson reported the bill had not been paid as an insurance claim had been filed against him. He contended a survey made of his property indicated the area to be level and according to his insurance carrier and surveyor, the sidewalk defect was located on adjoining property, not his. Mr. Hanna stated he had a copy of the survey and had visited the site several times; that the best evidence indicated the sidewalk in front of 2329 Eagle Avenue had settled, being about one inch lower than the sidewalk in front of 2327 Eagle Avenue and his observations as well as the judge- ments of himself, the Assistant City Engineer, the Construction Inspector and Sidewalk Inspector, had been written down at the time they were made. The hearing was declared closed. At the conclusion of discussion, Councilman Beckam moved acceptance Of the report of the Superintendent of Streets. The motion was seconded by Councilman Diament and on roll call vote carried unanimously. There being no objections, the meeting proceeded to "Resolutions". RESOLUTIONS: 9. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8370 Confirming Report of the Superintendent of Streets in the Matter of the Repair of Sidewalk in Front of Property Known as 2329 Eagle Avenue and Directing the Filing of a Notice of Lien on said Property with the City Assessor and City Tax Collector." 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 meeting returned to the regular order of business. HEARINGS: 10. In the Matter of the Planned Use Report for Entitlement Period 6 of the Revenue Sharing Program. City Manager Goss reported that as a technical procedure, the Federal Government required a public hearing be held and the submission of a General Revenue Sharing Planned Use Report for Entitlement Period 6 (July 1, 1975-June 30, 1976\ be filed by June 24, 1975' He stated this involved approval of a statement indicating the City's plans for spending the estimated $457,236 to be received during 1975-76, Mr. Goss said that beginning about two years ago it had been necessary to utilize approximately one-half of the General Revenue Sharing allotment for general support of the Police Department; that during the current fiscal year this had amount to $350,000 and in light of prospects for the coming fiscal year, it was his recommendation the entire amount be utilized for operating and maintenance support of the Public Safety operation, i.e., the Police Department. The hearing was declared OpeD8d. On the call for proponents or opponents, there was no response. The President declared the hearing closed. Councilman Sherratt moved acceptance of the report and recommendation of the City Manager. The motion was seconded by Councilman Beckam and on roll call carried by unanimous vote. REPORTS AND RECOMMENDATIONS: 11, From the Public Utilities Board, signed by Mr. L F. Randall, Secretary, transmitting copies of their Annual Budget and Dividend Resolution. President Corica complimented the Public Utilities Board and Mr. Randall for their pledge of a transfer of funds totaling $850,000 to the General Fund. Councilman Beckam moved the report and resolution be accepted. The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12, From the City Planning Board, signed by the Secretary, making recommendations on Tentative Map for Tract No. 3631, filed by John Anthony for Kenneth C. Aitkens, a 92-unit apartment-motel complex conversion to 86 condominium units for property located at 400 Park Street; and from Attorney Stanley D. Whitney, requesting consideration of the Tentative Map for Tract No. 3631 be held over to the regular meeting of July 1, 1975, There being no objection, the President directed the matter be held over, as requested, and replaced OD the agenda of the next regular meeting. 13. From the City Planning Board, signed by the Secretary, making recommendation on Parcel Map No. 1648, filed by Mr. George Arada, a division into two parcels of property located at the south- east corner of Calhoun and Peach Streets. President Corica reported the Planning Board had recommended approval. Councilman Hurwitz noted the Bureau of Electricity recommended undergrounding of the utilities, but the owner felt this would be a hardship and had requested an exception from this requirement. However, he stated, he was of the opinion the undergrounding of utilities throughout the City should be started as soon as practical, to which Councilman Sherratt agreed. There followed a discussion of the advisability to require undergrounding of the utilities in this particular instance. Mr. Arada, 996 Peach Street, explained all other homes in the neighborhood were connected to overhead Utility lines and it would be many years before there would be any additional new construction in the immediate area. Councilman Hurwitz moved acceptance of the report and approval of the Parcel Map subject to the conditions as listed in the City Engineer's report, and that the applicant provide a 22-fOOt 3ide- yard. The motion was seconded by Councilman Sherratt and failed to carry on the following roll call vote. Ayes: Two. Noes: Councilmen Beckam, Diament and President Corica, (3). Councilman Beckam then moved approval of the report subject to the provisions of the City Engineer's report dated April 16, 1976, together with the 22-foot sideyeard easement and excepting the under- grounding of utilities. The motion was seconded by Councilman Diament and carried unanimously on roll call vote. There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 14, The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8371 Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Parcel Map No. 1548 and Approving Faithful Performance Bond as to Sufficiency (Annabelle L. Arada, Subdivider). The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five, Noes: None. Absent: None. 15. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8372 Approving Parcel Map No. 1548 for Division of Property at the Southeast Corner of Calhoun and Peach Streets, Alameda, California, and Permitting Recording Thereof (Annabelle L. Arada, Subdivider)." The motion to adopt said resolution was seconded by Councilman Diament 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: --- 15. From the City Manager recommending contract be awarded to Treehaven Nursery Company, lowest and best bidder, for furnishing to the City 168 Specimen Sized Trees in Box Containers for Northside Park, at a price of $5,914.62. Councilman Hurwitz moved acceptance of the report and award of the contract as recommended. The motion was seconded by Councilman Sherratt and carried unanimously on roll call vote. 15' From the City Manager submitting Recommended Tentative Budget for Fiscal Year 1975-1975. Councilman Hurwitz moved the Recommended Tentative Budget be accepted. The motion was seconded by Councilman Diament and on roll call carried by unanimous vote. President Corica stated the City Manager would make his presentation of the Budget at a special meeting of the Council to be held on Tuesday, June 24, 1975. 17. From the City Manager transmitting 1975-1976 General Revenue Sharing Planned Use Report. President Corica reported this item had been considered under "Hearings". Councilman Hurwitz moved acceptance of the report. The motion was seconded by Councilman Sherratt and carried unanimously on roll call vote. UNFINISHED BUSINESS: 18. Presidert Corica read the names of the ten persons appointed to the expanded Mayor's Citizen Finance Committee, who would be charged with exploring alternate methods of capital improvement financing which would not require an increase in the property tax rate, and report these findings to the Council. Those appointed were Messrs. Donald Gehb, James McClure, Joseph Sullivan, Roger Howard, Lawrence Patton, John Hoffer, Charles Tillman, W. Lance Russum, Roland Cecchettini and Mrs. Lola Bernett. 19' Continued from the meeting of May 6, 1975, consideration of policy to limit membership on Boards and Commissions to two full consecutive terms. Councilman Hurwitz read a prepared statement in which he recalled that when he, Councilman Beckam and President Corica had been elected to office two and one-half years ago they had promised to involve more people in City government. This had been implemented, in part, when they established a policy to accept applications for appointment to Boards and Commissions and, since that time, many new persons had been appointed. He said, as a logical step to involve as many people as possible, he felt membership to these Boards and Commissions should now be limited to two full consecutive terms and thus afford a much greater opportunity to the many citizens who were interested in serving. He stated this was no reflection upon the present members who had served for more than two terms, as there was no reason they could not use their talents in service on some other Board, or, after a suitable break in service, if they chose to re-apply they could be re-appOint2d. He said he had received a few letters and many phone calls supporting his position, and had not received any negative comment. Councilman Hurwitz requested a resolution be drafted for presentation at the next meeting setting City Policy in limiting membership or all City Boards and Commissions to two full consecutive terms, and a ballot proposition be prepared for the next City election to add the 5a02 limitation in the City Charter for all elected officials with the exception of the Treasurer and Assessor. The following persons spoke in support of Councilman Hurwitz' statement and request: Mrs. Dorothy Allen, 1020 Pacific Avenue; Mrs. Linda Pritchard, 3263 San Jose Avenue; Mr. Joseph Sullivan, 3221 Liberty Avenue; Mrs. Darlene Banda, 919 Del Mar Avenue; and Mr. James Kennedy, 2906 Lincoln Avenue. Following discussion, Councilman Beckam moved the City Manager and City Clerk be directed to pre- pare a draft of a policy or rules or procedures pertaining to membership on Boards and Commissions. The motion was seconded by Councilman Hurwitz and on roll call vote carried unanimously. Councilman Diament also asked that a report be prepared on all of the Charter provisions which should be amended. She suggested the Charter Revision Committee be re-activated, if this were deemed necessary. 20. Councilman Beckam noted the Bay Farm Island Fire Station had opened on June 13, 21' Councilman Beckam stated the resurfacing of the Grand Street boat launching ramp area had been completed and commented on its pleasing appearance. A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of business. NEW BUSINESS: 22. President Corica read a memorandum received from the Chief of Police reporting those officers who were recent college graduates while serving in the Department. He commended them for their scholastic achievements. 23. President Corica read a letter received from W.R. Thomason, Inc., General Engineering Contractors, expressing their appreciation to the City Engineer and staff for their cooperation in the perfor- mance of their contract with the East Bay Municipal Utility District On Bay Farm Island. 24. President Corica, in commenting on the Design Review Board, stated he had received complaints from persons living in single-family homes located in other than an xR-l'/ zone, whn were required to appear before the Board, pay a $25 fee and wait for a hearing, whereas single-family structures, regardless of zoning, be exempt from review by the Board. Further, he said the City was attempting to attract new business enterprises and he felt perhaps the Board was being too stringent in its requirements. Councilman Hurwitz stated he had discussed this subject with the Planning Director and staff and they were aware of many problems which had arisen and might have changes to propose. He complimented the Board for the outstanding job it had done in the short time of its existence, however noted people were prone to complain, also, when required to conform with the Building Code, set-backs, etc. Councilman Sherratt suggested the members of the Board and staff prepare a recommendation as to the effectiveness of the Board and the Ordinance, and the matter be reviewed in more detail as to the overall structure at that time. Councilman Diament stated she felt a real need had been demonstrated to alter the Ordinance and receive recommendations; however, in the meantime, perhaps the Council could solve the problems which had been brought to their attention, thereby making it possible for people to take care of their single-family homes, On question, Planning Director Patterson reported there was presently an appeal process from the Design Review Board to the Council, however, to his knowledge, no formal appeals had been filed in the six-month period of the Board's existence. He said they had received verbal complaints. It was his opinion the big problem was with small applications such as re-roofing, carports, room additions, garages, porches, stairs, balconies, windows, et cetera, and he and Mr3. Julia Steuber, Associate Planner, were in the course of drafting a memorandum to the Design Review Board suggesting staff approval of this type of application and an adjustment in the fee charged. He said, in the event Of an impasse between the applicant and staff, the matter would automatically be referred to the Design Review Board for disposition. Mr. Patterson said the Board was presently developing a consent calendar in an attempt to expedite minor applicdti0ns. Following further discussion, it was directed that Planning staff and the Design Review Board submit a report as to the changes which they would recommend. Mrs. Ella May Waterbury, 328 Beach Road, reported that twenty-three years ago they had built their Ovmh0Ve, She stated that at this time, to avoid the recurring maintenance of painting, they had decided to stucco their home. Unaware of the Design Review Board ordinance, they had proceeded to ready the house for the stucco work when they were informed they could not do it. She said she felt there were inequities and hoped they could be changed, and that the appeal process was time- consuming. In submitting the plans, she noted it had been necessary for her to locate the existing structures on the lot, the existing tees and natural attributes, parking and loading facilities, locations of walls and fences and indications of their height and material of construction, floor elevations, indications of colors and materials, location and identification of plant material and a color palette. Mrs. Waterbury stated her only purpose was to stucco the house, not to remodel it She set out her further complaints with the fee charged for processing her application, the length of time it ' ht take before the matter was before the Design Review Board, the inequitable situation she found her- self in by residing in a single-family residence in an "R-2" zone, and the $1,000 limitation. On question, Mr. Patterson indicated the requested report should be forthcoming in approximately thirty days. RESOLUTIONS: 25. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8373 Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expenses." 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. 26. The following resolution was introduced by Councilman Hurwitz, who moved its adoption: "Resolution No. 8374 Authorizing Year-End Transfers on the Books of Account of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Sherratt and carried on the following roll call YOt2, Ayes: F1VS, Noes: None. Absent: None. 27. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8375 Amending Resolution No. 8354 to Change Amount of City's Matching Fund Contribution (HUD 'Section 701/ Comprehensive Planning Assistance The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: NOne, The President declared the foregoing Resolutbns adopted: INTRODUCTION OF ORDINANCES: 28. 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 Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." The motion was seconded by Councilman Diament and carried on the followirg roll Ca]] VOt2, Ayes: Five. Noes: None. Absent: None. Councilman Beckam suggested traffic regulations in the future be introduced and passed as emergency legislation in view of the apparent need for the public health, safety and welfare. BILLS: 29. An itemized List of Claims against the City of Alameda and the Departments thereof in the total amount of $65,575.35 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 Beckam moved the bills as itemized in the List of Claims filed with the City Clerk on June 17, 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: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 30. Mrs. Darlene Banda requested the status of the report concerning the expansion of the Housing Authority Board. The City Manager indicated this report should be submitted within onemonth's time. 31. Mr. Donald Dunn, 2128 Clinton Avenue, stated he represented about 100 real estates sales people within the City who had recently been billed S25 each as a license fee. He complained that the ordinance establishing the fee was some 20 years old and this section had not heretofore been pursued. He noted that in the Cities of San Leandro and Oakland, a Real Estate Salesman was not charged a business license fee, and in the Cities of Hayward and Berkeley the fee was only $15, He said many of the larger corporations and semi-professional and professional people in the City were paying a very nominal fee in CU0pariSOU. He suggested a revision of the business license fee ordinance. 32. Mr. John Barni, 335 Driftwood Lane, remarked that approximately five years ago he had suggested revision and updating of the fee schedule charged by the City. Also, he stated he had previously complained of inequities in real property assessments and it was his opinion the City might gain additional revenue in investigating this practice. President Corica stated all of the above suggestions would be considered by the Mayor's Citizen Finance Committee. FILING: 33. Agreement - Between City and Annabelle L. Arada - re Parcel Map No. 1648, ADJOURNMENT: 34. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday July 1, 1975, at 7:30 t.m. Respectfully submitted, "'� City Clerk