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1975-07-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - JULY 15, 1975 The meeting convened at 7:30 o'clock p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilman Sherratt and was followed by an Invocation delivered by the Reverend Don Taylor, Pastor of the Central Baptist Church, ROLL CALL The roll was called and Councilmen Beckam, Diament, Sherratt and President Corica, (4), were noted present. Absent: Councilman Hurwitz, (1). MINUTES: 1. The minutes of the regular meeting held July 1, 1975, were approved as submitted. 2. City Manager Goss took this opportunity to introduce Miss Mary Dwyer, age 14, of nuhliO, Ireland, who was visiting in his home. He also introduced his daughter and son, Debra and Grant, and his wife, Sonja. President Corica welcomed Miss Dwyer and reported she had presented the City with a replica of the Irish flag. WRITTEN COMMUNICATIONS: 3. From Mr. Robert C. Bowman, 3027 Cerro Vista Drive, concerning public accessways on Fernside Boulevard and East Shore Drive. The communication was referred to the City Engineer for attention. 4. From Shaw & Lunt, Realtors, signed by Mr. John Barni, Jr., President, requesting a refund of the Dwelling Unit Tax paid on homes constructed at 927, 933 and 934 Fountain Street. City Attorney Stroud stated he had reviewed the file and ascertained the developer had been given a credit for dedicated open space under a previously existing ordinance. It was his opinion an exception to the Dwelling Unit Tax would apply and a refund would be in order. City Engineer Hanna concurred with this statement. Councilman Sherratt moved authorization of a refund of the Dwelling Unit Tax paid on the above men- tioned properties. The motion was seconded by Councilman Djam2n1 and carried on the following roll call vote. Ayes: FOUr, Noes: None. Absent: Councilman Hurwitz, (1). 5. From Shaw & Lunt, Realtors, signed by Mr. John Barni, Jr., President, appealing the decision Of the Planning Board concerning Major Variance 7E-5, applicants Mr. and Mrs. Mervin Shields, for property located at 18 Garden Road. The hearing on this matter was set for August 5, 1975. 6. From Mr. L. A. Patton, 1020 San Antonio Avenue, requesting permission to address the Council regarding relocation of the Police Station. With the aid of a slide projection, Mr. Patton presented his proposal. He noted the former Post Office building contained approximately 10,080 square feet on the main floor with the same footage at the basement ]eVe]. He said it was his understanding the requirement of the Police Department, including future expansion, was 25,000 square feet; that it would be necessary at a later date to construct a mezzanine above the first floor. He said, after spending $165,000 for the purchase of the building there would be $1,235,000 in the budget to renovate the basement and main floor, and at some future time more funds would be needed to complete the mezzanine construction. He alleged the cost of the first phase in providing 20,000 square feet of usable space would approximate $70 per square foot for a makeshift facility. Also, he said, there would be a further cost, at the present time unknown, for the purchase of property by the County of Alameda for the Municipal Court and its parking needs. Mr. Patton offered as an alternative plan consideration of the purchase of the property located at the corner of Lincoln Avenue and Oak Street and construction of a new Police Headquarters on the site, to include the area of the existing City Hall parking lot. He stated he was of the opinion there would be space available in the two-story building for inclusion of the Municipal Court, with metered parking provided on the ground floor level. Mr. Patton said he had figured the cost of this proposal to be about $35.25 per square foot for a total of 89,154 square fe8t. He stated theproject could be financed with the funding on hand of $1,235,000, with an addi- tional $300,000 from the County for the Municipal Court, and $200,000 which might be realized from the sale of the Post Office building. Additional revenue could also be expected from the rental of office space and the metered parking. This would leave an amount of $1,407,505 to be raised to cover a total estimated cost of $3,142,505. Mr. Patton pointed out what, in his opinion, would be the advantages of his proposal. (1) Depending on which phase were accepted, it could be the beginning of a complete City Hall complex or it might be the Civic Center Complex which had been spoken of for many years. (2) With gasoline prices rising, it made sense to have a one-stop City complex on a main bus line. (3) The Police Headquarters and Municipal Court in one building was economically sound. (4) There would be a complete facility for the Police needs, including a pistol range. (5) The garage would be revenue earning. (6) Over- flow from the Elks Club would use the garage facilities. (7) The City and County offices now using the former First Aid Center could be brought back to the Civic Center Complex. (8) The First Aid Center property could be sold. (9) Bids could be accepted for the purchase of the Post Office building with the stipulation it return to the City in twenty years. (10) The Historical Society and Museum could be relocated to the basement of the Post Office building. He stated he strongly felt the electorate would pass a bond issue for the project, if it were needed. President Corica thanked Mr. Patton for his presentation. He reported that at the August 5 meeting there would be a full discussion of the Police Headquarters, and that representatives of the Chamber of Commerce and other interested citizens were expected to outline their proposals. Councilman Beckam requested Mr. Patton to make his material available for the August 5 0eeting, President Corica stated it was a known fact the City needed a new Police Headquarters; that at the present time there was funding for the conversion of the Post Office building, which had been thoroughly investigated by the architect and the Police Department and they had deemed it adequate for present and future use. He said in his recent trip to Bcston he had made it a point to ask the different Mayors whether their Police Departments were located in their City Hall buildings, and fifty percent said they were not, Also, he had learned where new City Halls were being built, the Police Departments were not located in about seventy-five percent of them. He noted that if the project were to proceed, it could possibly be funded; however, should there be a delay in awaiting the bond issue and it should fail, the funds would be insufficient to cover the rising costs. Mrs. Inez Kapellas, 1128 College Avenue, urged that plans proceed for a new Police facility as quickly as possible. She stated it was her OpiniUn the electorate would pass a bond issue on the subject, if one were needed. 7. From Mr. Donald J. Gehb, President, Alameda First National Bank, appealing the decision of the Design Review Board concerning sign installation at 2234 Otis Drive. The hearing on this matter was set for August 5, 1975. HEARINGS: 8. Continued from the meeting of July 1, 1975, in the Matter of Resolution of Intention No. 8358 to order the vacation of an improved portion of Alameda Avenue west of Oak Street; and from the Design Review Board, signed by Mr. Joseph Cervelli, President, concerning undergrounding of utilities on the north side of Encinal Avenue adjacent to the proposed Alameda High School site. President Corica reported the hearing on this matter would be continued to the meeting of August 19, at the request of the Chairman of the Board of EduCatiOO, Planning Director noted the Design Review Board would meet on July 28, at which time they would review the placement and locations of the utility systems. 9. In the Matter of a proposal initiated by the Planning Board to amend Ordinance No. 1757, New Series, relating to condominium conversion. The City Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file and all interested persons had been notified that this would be the time and place for the hearing on the matter. The hearing was declared opened. Planning Director Patterson reported the prOp0sed amendment would affect Section 11-1403 by adding a paragraph (h) which read, "The conversion does not significantly reduce rental units available in the price range below the median price range of apartments in Alameda or does not reduce units which provide accommodations to disabled or transient persons." He stated this amendment would replace the requirements of the existing paragraph which would expire on August 1, 1975. On the call for proponents or opponents, there was no response. The hearing was declared closed. There being no objection, the meeting proceeded to "Introduction of 0rdinances". INTRODUCTION OF ORDINANCES: 10. 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 ll-14D3/h\ Thereof Relating to Conversion of Multiple Houses." The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes; Four. Noes: None. Absent: Councilman Hurwitz, (1). The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 11' From the Department of Public Utilities, Resolution No. 2969, requesting Council to create an orderly process for funding and for prioritizing expenditures for undergrounding electrical facilities. Councilman Sherratt moved the request be referred to the Planning Board to develop a plan for prioritizing areas for undergrounding, and to the City Manager for a determination of funding. The motion was seconded by Councilman Beckam and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1). 12. From the City Manager recommending a contract be entered into between the City and Envicom Corporation for preparation of a combined Seismic Safety/Safety Element of the General Plan. Councilman Sherratt moved acceptance of the report and recommendation. The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: FOur, Noes: None. Absent: Councilman Hurwitz, (1). There being no objection, the meeting proceeded to "Resolutions". RESOLUTIONS: 13' The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8380 Authorizing Execution of Agreement with Envicom Corporation in Connection with Preparation of Seismic Safety and Safety Elements of the General Plan of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Four. Noes: NOn2, Absent: Councilman Hurwitz, (1). The meeting reverted to the regular order of business. REPORTS AND RECOMMENDATIONS: 14. From the Design Review Board, signed by Mr. Joseph Cervelli, President, requesting a joint meeting with the Council for a discussion of ordinance amendments. President Corica stated a Special Meeting would be held at a date not yet determfned. It was directed that the matter be scheduled as a Hearing to allow public input, and Councilman Sherratt moved a time limit be observed by those members of the public who wished to address themselves to the matter. The motion was seconded by Councilman Beckam and, on roll call, carried unanimously by a vote of those Councilmembers present. The following persons asked to be advised of the date set for the joint meeting: Mr. Robert Smith, 3530 Magnolia Drive, and Mr. Gerhard W. Degemann, President of the Bonded Ren0de]er3 Council, Associated Building Industry of Northern California, 23720 Clawiter Road, Hayward. Mr. Smith expressed his extreme displeasure with actions of the Design Review Board and recommended the ordinance establishing the Board and setting out its duties and powers be repealed and re-written. lS. From the City Planning Board, signed by the Secretary, concerning Tentative Map No. 3627, a condominium conversion of a 13-UOit apartment project at 863-67 Walnut Street, filed by Messrs. Albert and Leslie Kessler. The City Attorney stated it was his recommendation the matter be returned to the Planning Board for disposition on the conversion ordinance. The Planning Director reported no action had been taken by the Planning Board at its regular meeting held June 30, 1975, due to a lack of a majority of the total Board needed to adopt or deny a motion. With the reluctant consent of Mr, Albert Kessler, the matter was referred back to the Planning Board for disposition on the conversion ordinance at their next meeting of August 4, and it was directed that it be placed on the Council agenda for consideration at its next regular meeting to be held August 5. 16. From the City Manager recommending an extension of one year in the time provided to file final maps for an area included in Tract No. 3598, Harbor Bay Isle (Village One, public park site and shopping center). Councilman Sherratt moved approval of the recommendation. The motion was seconded by Councilman Beckam and, on roll call, carried unanimously by a vote of those Councilmembers present' A ten-minute recess was called. Upon reconvening, the meeting continued with the regular order of business. UNFINISHED BUSINESS: 17, President Corica introduced Dr. Alexander Horne, Assistant Professor of Aquatic Biology at the University of California, Berkeley, who had been jointly commissioned by the City and the East Bay Regional Park District to make a study on the South Shore beach odor problem. Dr. Horne stated he was prepared to make a terminal report on the matter at this time, their work had been concluded, more or less, and the money allocated for the project had been used up. He said he was working on a final report which would be ready by September, and the National Aeronautics and Space Administration (NASA) had agreed to provide sufficient funding to complete the work. Dr. Horne distributed a written report to the members of the Council and made a slide presentation Of the project showing the water circulation pattern and points of algae accumulation. He reported the decomposition of the algae produced a sulphur bacteria which indicated the presence of hydrogen sulfide. He noted these areas had since been filled in, thus reducing the odor somewhat. He indi- cated the salt marsh would continue to grow as the clean sand became covered with algae, which mixed in and rotted and smelled, the nutrients were released, and then the salt marsh would take over and would probably proceed all the way up the beach using the algae for food. Dr. Horne reported the seaweed (algae) was unique to this area and usually grew on rocks, however in this instance it was found this particular seaweed was attached to pieces of shell and apparently grew around the Bay on shellbeds. He noted large accumulations had been located off the sandbar and were moved in with the tide. He said one solution would be to harvest the seaweed, which could be pinpointed by remote sensing from aircraft, and by using echo sounding location, the pilot of the harvester could locate the material. He reported that seaweed having value for commercial use could be sold and the remainder buried, Another solution would be to extend the saltmarsh which would act as a natural barrier and absorb the algae. Mr. Jerry Kent, Assistant Manager of the East Bay Regional Park District, recalled the City and the District were faced with a major problem in 1973 of the odor issue along South Shore Drive and were confronted with the possibility of having to take out all of the marsh, between Willow and Park Streets, He said Dr. Horne's findings had proven the problem was caused by the algae and sea lettuce, and not the marsh. He stated this presented new opportunities to look at the Corps of Engineers' proposals on erosion along South Shore and the District had selected Alternate K, and the next step would be for the City to review the alternatives proposed by the Corps and make its wishes known to the Corps of Engineers, who would proceed with public hearings within the City for additional citizen input, and then the project of erosion control could proceed. There followed a discussion of the problems and the following persons spoke on the matter: Mr. Orville DlO32, 2710 Bayview Drive; Mr5, Linda Pritchard, 3263 San Jose Avenue; Mr. Charles Tillman, 2415 Roosevelt Drive, and Mr. William Sovel, President of the Bayview Estates Homeowners' Association. At the conclusion of discussion, President Corica appointed a committee consisting of Councilmen Diament and Sherratt, Messrs. Charles Tillman and William Sovel, City staff, and representatives of the East Bay Regional Park District and Corps of Engineers to consider both odor and erosion problems and make recommendations for their solution, 18. Continued from the meeting of July 1, consideration of a resolution limiting terms of membership on City Boards and Commissions, President Corica reported consideration of this item would be held over to the meeting of August 5 because of the absence of Councilman Hurwitz. NEW BUSINESS: 19. President Corica noted his representation of the City at the annual United States Conference of Mayors held in Bcston. He said he had also been fortunate in being able to take a side trip to Washington, D.C. where he had been one of the Mayors meeting with President Ford on anti- recession programs and Revenue Sharing, and had been invited to partake of refreshments. RESOLUTIONS: 20. "Resolution No, Finding and Determing Certain Portions of Alameda Avenue, a Public Street in the City of Alameda, is Unnecessary for Present or Prospective Public Street Purposes; Ordering Vacation Thereof Subject to Reservation of Permanent Easement and Right of Way Therein as Described in Resolution Of Intention No. 8358 Heretofore Adopted on June 3, 1875; and Directing City Clerk to Cause Certified Copy of This Resolution to be Recorded." President Corica reported consideration of this resolution had been held over to the regular meeting of August 19, 21. "Resolution No. Limiting Terms of Membership on City Boards and Commissions." President Corica reported consideration of this resolution had been held over to the regular meeting of August 19. 22. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8381 Accepting 'Goals for Alameda', the Final Report of the Community Goals Study." Councilman BeCkum express8d his appreciation to the many persons who had participated in the Goals Study during the past two and one-half year periOd. He read the resolution for the benefit of the audience. The motion to adopt said resolution, as read, was seconded by Councilman Diument and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1). 23. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8382 Adopting Specifications, Special Provisions and Plans for the Realignment Of the Northeast Corner of Park Street and Otis Drive, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1). 24. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8383 Acknowledging Appointment of Member of Building Code Board of Appeals." (Donald J. Bell) The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1). 25. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution NO, 8384 Appointing Member of the City Planning Board." (Olga D. Johnson\ The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: NDD2, Absent: Councilman Hurwitz, (1). 26' The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8385 Appointing Member of the City Planning Board." (Joan E. NOrdhdrd\ The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call YOte, Ayes: FOUr, Noes: None. Absent: Councilman Hurwitz, (1). 27, The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8386 Appointing Member of the City Planning Board." (Don R. Perata) The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote, Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1). 28. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8387 Appointing Member of the Civil Service Board. x (William R. Wahrer) The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four, Noes: None. Absent: Councilman Hurwitz, (1). 29. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8388 Appointing Member of the Design Review Board." (Robert Duncan Nicol) The motion to adopt said resolution was seconded by Councilman Diament, and carried on the following roll call vote, Ayes: Four, Noes: None. Absent: Councilman Hurwitz, (1). Mr. Robert Smith expressed his opposition to the appointment, and contended there were too many architects on the Board. 30, The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8389 Appointing Member of the Library Board." (Ronald I. Curtis) The motion to adopt said resolution was seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Four, Noes: None. Absent: Councilman Hurwitz, (1). 31' The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8390 Appointing Member of the Public Utilities Board." (H. Norman Eierman) The motion to adopt said resolution was seconded by Councilman Diament, and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1). 32. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8391 Appointing Member of the Pension Board." (Vincent G. Maloney) The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1). 33. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8392 Appointing Member of the Social Service Board. (Margaret A. Howard) The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1). 34. The following resolution was introduced by Councilman Sherratt, who moved its adoption: "Resolution No. 8393 Appointing Member of the Social Service Board." (Anita C. Weier) The motion to adopt said resolution was seconded by Councilman Diament and carried on the following roll call vote. Ayes: Four. Noes: Nnne, Absent: Councilman Hurwitz, (1). The President declared the foregoing resolutions adopted, On request, the City Clerk administered the Oath of Office to the following newly appointed Board members: Miss Joan E. Narahara, Mrs, Anita C. Weier, and Mr. Robert Duncan Nicol. INTRODUCTION OF ORDINANCES: 35, 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 Subsection (a) of Section 2-5313 Relating to Unused Sick Leave Pay Upon Retirement." The motion was seconded by Councilman Diament and carried on the following roll call vote. Ayes: FOUr, Noes: NOne, Absent: Councilman Hurwitz, (1). BILLS: ---' 36. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of t65,570.93 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 July 15, 1975, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by ,:OUncilmdD Diament and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Hurwitz, (1). FILING: 37. Affidavit of City Manager and Chief of Police - re Police Secret Fund for period of January 1, 1975 to June 30, 1975, 38. Agreement Between City and Envicom Corporation for Preparation of Seismic Safety/Safety Element of General Plan. 39. Specifications No. PW 7-75-9 - Realignment of Northeast Corner of Park Street and Otis Drive, 40. Councilman Diament moved the Council retire to executive session for a discussion of personnel matters. The motion was seconded by Councilman Beckam and on roll call carried by the unanimous vote of the Councilmembers present. After a five-minute recess, the Council reconvened in the Conference Room of the City Hall for its d8]ib2rdtiVns. At the conclusion of discussion, it was determined no action would be taken at this meeting. ADJOURNMENT: 41. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday, August 5, 1975, at 7:30 o'clock p'm. Respectfully submitted, City Clerk