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1971-04-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY APRIL 6, 1971 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman Levy and was followed by a most inspiring Invocation delivered by The Reverend Harold Petroelje, Pastor of the First Christian Reformed Church. ROLL CALL: The roll was called and Councilmen Fore, Levy, McCall and President La Croix, Jr., (4), were noted present. Absent: Councilman Longaker, (1), who was out of the City. MINUTES: 1. The minutes of the regular meeting held March 16, 1971, were approved as transcribed. 2. At the invitation of the President, Councilman Fore introduced his brother, Otis, who was welcomed on his first visit to a City Council meeting. WRITTEN COMMUNICATIONS: 3. t From The Front Room, signed by Mr. Stephen M. Rice, General Partner, requesting permission for two pillars to encroach seven inches onto City property at 1821 Webster Street. President La Croix stated there was no objection on the part of the City Engineer to the requested encroachment. He pointed out, however, that approval must be obtained from the State Division of Highways. Councilman Levy moved that permission be granted for the encroachment of the two pillars onto City property at the designated location. Councilman McCall seconded the motion which carried on the follow- ing roll call vote. Ayes: Four. Noes: None. Absent: Councilman Longaker, (1). Assistant City Engineer Lee Eichelberger was requested to follow through with the State Division on this matter. 4. From Mrs. Lee -Ann Lane, 1425 Union Street, requesting information on the status of the study on the "districting" question. President La Croix stated the City Attorney had submitted information that under a recently enunciated law legislative districts must be formed, under the "one man, one vote" rule, on the basis of people rather than registered voters. If this rule prevails, it was said, cities whose Council was elected by districts based on voters, including Oakland and San Leandro, would have to make a change. President La Croix said replies had been received from all members of the presently - constituted Charter Revision Committee and it was hoped the Committee could be revitalized very shortly. The items proposed for study would then be undertaken and the subject of districting would be included. 5. On the subject of the proposed rezoning from the "R -5 ", General Apartment, to the "R -4 ", Neighbor- hood Apartment District, of certain properties in the area of Broadway, St. Margaret's Court and Lincoln and Santa Clara Avenues, communications had been received from the following in opposition: Mr. John Barni, Jr., 1825 Clinton Avenue; ;Jolene Hittle, 3000 Santa Clara Avenue, and Mrs. Marian Espell, 1621 Sea - born Court, both of whom had requested that the Council reconsider its action in introducing an ordinance to effect this change; Alameda Board of Realtors, signed by Mr. 0. M. Simmons, President; Mr. and Mrs. John F. Dillon, 2854 Santa Clara Avenue; and Mr. and Mrs. Frank R. Murphy, 2524 Lincoln Avenue. Commending the Council for its interest and judgment in this matter and requesting that the Zone change to "R -4" be adopted was a petition signed by thirteen residents of the area in question. There were also letters in favor of the proposal to rezone from Mr. Floyd L. Boyle, 2623 Janis Circle, and Mrs. R. L. Cummins, 549 Santa Clara Avenue. President La Croix recommended, in view of the absence of Councilman Longaker and City Attorney Cunningham, that the ordinance on the agenda for passage at this meeting be continued to the regular Council meeting of May 4, 1971. There being no objections, the meeting proceeded to the subject of "Ordinances for Passage ". ORDINANCES FOR PASSAGE: 6. "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (From "R -5 ", General Apartment District to "R -4 ", Neighborhood Apartment District - Robert & Audrey Kopp) Councilman Fore moved the matter of this ordinance be continued to the regular meeting of the City Council on May 4, 1971. Councilman Levy seconded the motion. Speaking on the question, Councilman McCall stated he wished to make it clear that under no condition would he approve of re- opening the Hearing on this petition. The question was put and the motion carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. The meeting returned to the regular order of business. WRITTEN COMMUNICATIONS: 7. Y From the Alameda Board of Realtors, signed by Mr. 0. M. Simmons, President, with regard to rental rates in the City. This communication was in reply to the Council's referral to the Real Estate Board of a communication received at its meeting held March 16 from Messrs. William D. Gallaher and Joe Fiorentino, claiming exces- sive apartment rental rates. The letter was acknowledged with appreciation. 8. 1 From Alameda Girls' Club, Inc., signed by Mrs. Georgia G. Wheatfill, Treasurer, requesting refund and cancellation of taxes on its property at 1419 Union Street. President La Croix said the City Attorney had submitted information that the Municipal Code, unlike State law, did not provide for refund of property taxes upon a later acquired exemption status. It was suggested that the Girls' Club be advised to contact Mr. Cunningham for further explanation. It was so ordered. HEARINGS: 9. I In the Matter of Vacating a certain portion of a public utility easement along the southerly property line of Tract No. 3271 (Dowjo Developers, 2106 Otis Drive). The Clerk stated there were on hand Affidavits of Publication and of Posting the required notices in this matter. Assistant City Engineer Eichelberger, on request, explained that across the rear of the subdivision known as Tract No. 3271 was a three -foot public utility easement which had been established by a prior subdivision. In order to develop the lot in accordance with his Tentative Map, the subdivider had requested abandonment of the majority of the easement. The utilities had been contacted and indicated their approval of the abandonment. No opposition had been indicated to the proposal. The Hearing was declared closed and the matter was referred to "Resolutions ". REPORTS AND RECOMMENDATIONS: 10. I/ From the Mayor, Assistant City Manager and City Auditor, submitting their report on the Count of Money held February 17, 1971, indicating the sum of $9,680,912.72 in the City Treasury at that time. The report was noted and ordered filed. 11.x` From the City Manager, recommending contract be awarded to Ransome Company, low bidder, for the project of Resurfacing of Broadway from Shore Line Drive to Otis Drive at a price of $5,085. Councilman Fore moved the recommendation be adopted, that the contract be awarded to the designated firm for the specified project at the price quoted. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 12. /From the Recreation Commission, signed by the Secretary, suggesting Thursday, April 22, and Monday, April 26, 1971, as possible dates for a joint meeting with the City Council for discussion of the Golf Course Study. It was felt that Thursday, April 22, would be the more suitable date for the proposed joint session, and that a late afternoon meeting, possibly at 4:00 o'clock, would provide opportunity to first inspect the facilities. Councilman McCall suggested the Council might be subject to criticism for holding the meeting at the sug- gested time. He proposed the Council members make a visual inspection of the Courses and then meet with the Commission in the Council Chamber at an evening hour. He said he had no objection to the afternoon meeting but felt it would be necessary to hold one session at a time when the many interested citizens could attend. President La Croix stated it was not anticipated that any action would be taken at the proposed afternoon meeting - the session would be for discussion of the Study as presented by the Commission. Any formal action would be taken at a regular meeting of the Council. This was agreeable and City Manager Weller was requested to consult with the Recreation Director as to the place of the meeting, which would be held Thursday, April 22, 1971, at 4:00 o'clock p.m., and to set up a tour prior to the session. Councilman Levy moved the Golf Course Study report be accepted. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. President La Croix said he had had the pleasure, the past Sunday, of presenting the trophy to the winner of the Commuters Golf Tournament, Rod Velasquez of Hayward. He said the Courses had been in beautiful condition. UNFINISHED BUSINESS: 13. Brought up was the matter of the Final Map for the subdivision known as Tract No. 3253, a twelve -unit condominium development on Willow Street between Whitehall Place and Sandcreek Way. In view of the fact that the bond required in connection with this development had not been received, Councilman McCall moved the matter be continued to the regular meeting of the Council on May 4, 1971. Councilman Fore seconded the motion which on roll call carried unanimously. 14. V' President La Croix reported on the revenue hearing before members of the Congress in Washington, D. C., which Mr. Weller and he had attended. He said there had been two days of hearings and meetings which he felt had been quite good. He said the Mayors of California had had the opportunity to present their thinking on revenue - sharing and to evidence a strong feeling that Congress should act on the President's request to adopt a revenue - sharing program. He said it was felt that the action would not be forthcoming during this session as it seemed Congressmen believed the programs available at the present time were doing the job and they felt they could best control the monies requested from the Federal standpoint. He said the cities differed greatly with this thinking. On request, Mr. Weller stated the hearings had confirmed his belief that most members of Congress simply did not realize what was happening in their home areas. He said he felt in the end revenue - sharing in a form substantially like that prepared by the President would prevail. He said he was not happy about this as he would like to feel that the City could fund its own problems. Mr. Weller said he felt that during the next year or two the plight of the cities would be so evident that Congress would be compelled to act on this question. RESOLUTIONS: 15. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7756 Ordering Vacation of Portion of Public Utility Easement (Southerly Three Feet of Tract 3271)." The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 16. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7757 Adopting Specifications for Furnishing to the City of Alameda Three (3) Automobile -Type Haulsters for the Golf Course and Park Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 17.V The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7758 Adopting Specifications for Furnishing to the City of Alameda Two (2) Light Class Two -Door Sedans and One (1) Sub- Compact Two -Door Sedan for the City Hall Pool, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 18. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7759 Adopting Specifications, Special Provisions and Plans for Improvement of Santa Clara Avenue, Grand Street to Park Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 19. Councilman McCall moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (14) to Section 17 -344.1 Thereof, Relating to 24- Minute Parking Limit." The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 2 BILLS: 20. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $72,533.64, 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 Levy moved the bills as itemized in the List of Claims filed with the City Clerk on April 6, 1971, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. ORAL COMMUNICATIONS, GENERAL: 21.1/ Mr. Frank Gottstein, 731 Haight Avenue, requested information on the campaign statements required to be "publicized" by candidates for election to City offices. He was informed that, in accordance with provisions of the State Elections Code, the statement must be filed with the City Clerk within thirty-five days after the date of election and not later than the day preceding that on which the candidate takes office. Mr. Gottstein said he could not understand people spending such large sums to win election to the City Council. Mr: Gottstein again complained of the fence heights permitted and variances granted on the condominium development at Portola Avenue and Ninth Street, and the installation of the storm sewer in connection there- with. He complained that access and view would be cut off from the ends of both of these streets. 22./ Mr. John Mitcheom, 1319 High Street, suggested that design control be included in the Zoning Ordinance. Mr. Mitcheom also complained of the height limit of two stories in "C-1" Districts, as provided in the Ordi- nance, and the area restriction of 51% commercial and 49% residential in that zone. It was suggested that Mr. Mitcheom submit his ideas to the Council in a letter which might be referred to the Planning Board and Director for consideration. 23. v Mr. John Barni, Jr., 1825 Clinton Avenue, inquired what control the Council had over contracts which might be made by the Housing Authority of the City of Alameda for reconstruction of units on the former Western Project property. It was explained that the Authority acted somewhat autonomously under the laws of the State of California and it had the right to contract for any development it might wish to enter into which had been sanctioned by the City Council. President La Croix pointed out that the Council had authorized the Authority last year to enter into pertinent agreements before it could proceed with action with respect to the development. He added that the Authority was governed quite stringently through the powers of HUD in any action it might be able to take. Mr. Barni remarked that he had observed the Housing Authority had received figures of some $20,000 per unit for construction costs. He said there were many units in the City which were not selling and which were readily available to the Authority in the neighborhood of $24,000 and $25,000 per unit. President La Croix pointed out there were approximately 200 units in the City being subsidized under the Section 23 program as authorized by the City Council. He added that many of the dwellings to be built would be five-bedroom units, and he challenged anyone to construct an apartment house with these large units to be offered for sale at $20,000. 24. v/ Mr. John Barni, Sr., 1364 East Shore Drive, questioned the action on the request of The Front Room for a permit to encroach onto City property. He said recently a similar situation had arisen involving a nine-inch encroachment in which the City had required that the applicant obtain insurance coverage to protect the City in case of accident, whereas this factor had not been a requirement in granting the permit to The Front Room. President La Croix said the applicant had stated in his request that he would be happy to relieve the City of any liability for injury that might occur because of this protrusion by securing adequate insurance coverage. He said he assumed this would be part of the encroachment permit. FILING: 25. Specifications No. MSP 4-71-3 26. Specifications No. MSP 4-71-4 for City Hall Pool. 27. Specifications No. PW 4-71-9 - - Three Automobile-Type Haulsters for Golf Course and Park Department - Two Light Class Two-Door Sedans and One Sub-Compact Two-Door Sedan Improvement of Santa Clara Avenue, Grand Street to Park Street. ADJOURNMENT: 28. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday, April 20, 1971, at 7:30 o'clock p.m. Respectfully.submitted, City Clerk •