1971-12-21 Regular CC Minutes336
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY DECEMBER 21, 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 an inspiring Invocation delivered by The
Reverend James Morton, Pastor of the Central Baptist Church.
ROLL CALL:
The roll was called and Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5),
were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held December 7, 1971, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. From the Alameda Chamber of Commerce, signed by Mr. A. T. Wiemken, President, on behalf of the
Park and Webster Street Merchants' Associations, the South Shore Merchants' Council and the Chamber,
requesting that the City Council take steps to create additional off - street parking and that Mr.
John F. Hanson, Jr., Attorney, be permitted to present the matter at this meeting.
On invitation, Mr. Hanson, member of the firm of Whitney, Hanson & Stonehouse, addressed the Council
on behalf of the Chamber and the merchants' associations, all of whom had submitted resolutions request-
ing that action be taken to (1) retire at the earliest possible date the existing outstanding Parking
Fund Bonds; (2) retain all revenues from parking meters not used to retire the bonds and all future
revenue for the purpose of creating additional off- street parking; (3) hire a consultant to study and
report on the expansion of present off - street parking in the City for the purpose of preparing a plan
for creation of additional off - street parking.
Mr. Hanson briefly reviewed the history of off - street parking in the City since 1947. He said it had
been forecast that the Bonds would be paid in 1981 and, happily, at this time there were monies in the
reserve account so that they could be paid off with a balance left to start on another project, if so
desired. He stated that during the past two years a committee of the Park Street Merchants' Association,
with Mr. Gordon Matson as Chairman, had been studying the subject and meetings had been held with City
personnel. It had been agreed that almost any solution would depend upon hiring a consultant to study
the matter and submit his recommendations as to whether the parking was needed, where it was needed
and the best method of obtaining it. Basically, Mr. Hanson said, it was felt that the City should
retire the present Bonds in a plan which would fit with whatever would be developed by the consultant,
to be hired by the City.
On request, City Manager Weller stated it was his understanding of the Bond Resolutions that the City
was not legally able to call the remaining Bonds at this time, that there were two dates fixed therein
on which calls could be made, the next date being June 1, 1972. He explained the status of the Bonds
and said it was his feeling that the call should be invoked as of June 1, 1972, at which time it
should be clear that there would be adequate funds both to meet the operating budget requirements
and the call feature, premium, the accrued interest, et cetera. He said he felt the proposal was a
sound one with certain conditions, that he did not want to prejudge what any expert might say but the
City might be unpleasantly surprised to learn the amount of money required to produce a meaningful,
effective off- street parking program. He expressed the opinion that there was no way the present
revenue from the parking meters would support a bond issue of sufficient size to provide anything
significant in the way of off - street parking relief; this implied that some other supplementary
method of financing the bonds would have to be found and it might be just as well for this fact to be
recorded at this point. He suggested that multi -story parking or parking districts might be considered.
He expressed the opinion that the present Off- Street Parking Bond Issue had been extremely complicated
and he hoped the same procedure would not be followed in the future, but that some of the errors
could be corrected and a flexible program could be developed which would reflect the understanding of
the property owners and the merchants that they would have to help support the cost.
There was a question and answer exchange between the Councilmen and the City Manager and City Attorney
and discussion as to the way to proceed in the matter. It was agreed that there should be some input
by the merchants and the consultant's fee should be paid from the parking meter monies. It was stated
the revenue from the present meters had been in the range of $45,000 to $50,000 per year since their
installation, that the figure had not changed significantly.
Councilman McCall said he would be in favor of paying off the bonds but he would not approve of anyone
receiving "a free ride ". He said he would like to know how the Committee had negotiated with the
firms which had provided their own off - street parking for their support on the resolutions presented,
from a corporate standpoint and not individual management. He also suggested the matter be handled
through the Parking District Bond Act of the State of California, and requested that the City Attorney
explain the procedure used by the City of Walnut Creek and whether it would be valid for the merchants
of the City of Alameda to employ this method.
Mr. Cunningham said he was not familiar with the State Act employed by the City of Walnut Creek on its
project, but that several methods had been discussed with the Committee, resulting in the decision that
the Charter method used previously, despite its disadvantages, had worked. He pointed out it would be
necessary to hire bond counsel which would proceed under one of the State Acts.
Mr. Weller emphasized that he would support the concept, which he felt was a fine thing, and he felt it
was unfortunate that the City had been unable mechanically to do anything about the situation until it
3,7
was in a position to retire the outstanding Bonds. He said he would agree with Mr. Hanson and the
Chamber of Commerce that the first step should be to hire a consultant in order to have professional
and competent judgment on the proposal. From that recommendation, plus some kind of judgment decision
as to whether or not the people of the City would support a multi -story parking structure or if only
street level parking would be acceptable, it would be possible to develop some cost figures and various
ways of raising the required financing.
In brief further discussion, Councilman Longaker said he would support putting off any decision on this
matter for the time being in order that it might be given additional consideration. He moved the entire
matter be continued to the regular meeting of the City Council on January 18, 1972, for further discussion
and possible action. Councilman McCall seconded the motion which carried on the following roll call
vote. Ayes: Five. Noes: None. Absent: None.
Councilman Levy said he had voted affirmatively on the question but he deplored the fact that the Council
could not reach a decision on the subject this evening.
3. From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary,
requesting approval of Warrant No. 179 in the amount of $50,000 to replenish the revolving fund.
The matter was referred to "Resolutions ".
4. From the Alameda Ministerial Association, signed by The Reverend H. W. Vincent, President, commend-
ing the City Council for its study of the massage parlor problem.
President La Croix stated the proposed ordinance regulating massage parlors was under study by the City
Manager, the City Attorney and the Chief of Police. The communication was to be acknowledged with
appreciation and referred to the file on the subject.
HEARINGS:
5. ''' In the Matter of a Petition to Rezone from the "C -2 ", Central Business, to the "R -5 ", General
Apartment District, certain properties known as 2507, 2513 and 2515 Central Avenue. The Petition had
been filed by Mr. Herbert A. Jackson and the Planning Board had recommended the rezoning be granted.
The Clerk stated there was on file the Affidavit of Publication of the Notice that this would be the time
and place for the Hearing on the petition and the minutes of the Planning Board meeting at which the appli-
cation was considered had been sent to the Councilmen.
Mr. Donald Johnson, Planning Director, reviewed the action of the Board on this request, as set forth in
its letter dated December 2, 1971. He said the property had been the subject of two previous zone change
applications and Mr. Jackson now proposed to construct a sixteen - dwelling unit condominium on the two
lots at 2513 and 2515 Central Avenue. The third lot at 2507 Central Avenue was included in the application
although Mr. Jackson did not own this parcel. It would be possible to construct an additional eight units
on this lot if the "R -5" zoning were approved. Mr. Johnson stated the Board in 1966 had studied for
rezoning certain property which included the subject parcel and the recommendation had been for a change
to "R -5 "; the staff had consistently recommended a higher density for the properties and suggested that
the request be granted.
Mr. Johnson, on inquiry by Councilman Longaker, stated the parcel at 2507 Central Avenue had been included
in the petition at the request of the Planning staff for the reason that excluding the lot would leave a
kind of island in residential use; in short, all of the properties were now zoned "C -2" and it was logical
to include the property as it was in residential use and there was scant probability that it would ever
be used commercially. He said the owner of the property concurred with the proposal.
Mr. Cunningham stated the issue before the Council was whether or not the findings and recommendation of
the Planning Board and its advisory report, based on Section 11 -175 of the Municipal Code, should be
approved, modified or disapproved.
On the call for proponents, Mr. Herbert A. Jackson, 11 Wandel Drive, Moraga, came forward. He said the
elevation of the proposed structure would remain basically the same as presented on his previous appear-
ance in regard to rezoning the property, and that the floor plan would be enlarged as he now planned to
construct sixteen units in place of the twenty -five anticipated at the time of his previous application,
which he said he felt would be a credit to the City and to the neighborhood.
The question of the need for fulfilling open space requirements in accordance with the subdivision ordi-
nance was raised. Mr. Johnson stated Mr. Jackson had been consulted only in connection with the proposed
zone change and his building plans had been reviewed - he had not appeared before the Board as a sub-
divider and possibly he was not aware of the City's subdivision requirement regarding land use dedication
or fee in lieu thereof. However, Mr. Johnson said, at such time as the project would be presented for
approval as a subdivision the developer would become very much aware of the provision. It was felt that
Mr. Jackson should be made aware of this provision, although' it was not involved in the question of
rezoning the property. Mr. Jackson was advised to contact the Planning Department for information on
this subject.
Councilman McCall said he felt Mr. Jackson would want to evaluate the property as to whether he would wish
to retain it as a commercial lot or construct a condominium or apartment house, and possibly would wish
to have this matter continued in order that he might seek full information on the economics of the matter.
Mr. Jackson stated he had owned the property for ten years and had not been able to find a good commercial
use for it and he was in favor of proceeding with the rezoning application.
Mr. John Barni, Jr., 1277 Bay Street, suggested that the subject of open space requirements might become
one for extensive discussion. He said he felt the best use of the property for the City would be obtained
by rezoning the Parcel to "R -5 ".
On the call for opponents, there was no response. The Hearing was declared closed.
Councilman Levy moved the request to rezone the properties known as 2507, 2513 and 2515 Central Avenue
from the "C -2 ", Central Business, to the "R -5 ", General Apartment District, be granted. Councilman
McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
The matter was referred to "Introduction of Ordinances ".
REPORTS AND RECOMMENDATIONS:
6. v ' From the Auditor - Assessor (two letters), requesting cancellation and refund of taxes erroneously
levied and collected.
The matter was referred to "Resolutions ".
7. '7 From the City Manager, recommending contract be awarded to BEPCO, Inc., low bidder, for the project
of Installation of Sanitary Sewers in Central Avenue from Fourth Street to Webster Street, at the price
of $32,423.
Councilman McCall moved the recommendation be adopted, that the contract be awarded to the designated
contractor for the specified project at the price quoted. Councilman Longaker seconded the motion which
carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
8. °' From the City Manager, reporting all work satisfactorily completed on the project of Installing
Turf at Will C. Wood School Athletic Field, recommending it be accepted and the Notice of Completion be
ordered filed.
Mr. Cunningham explained that the project might be accepted insofar as the City had participated therein,
and his office would then prepare the Notice of Completion for execution by the President of the Board
of Education.
Councilman Longaker moved the reporttbe accepted. Councilman Levy seconded the motion which carried on
the following roll call vote. Ayes: Five. Noes: None. Absent: None.
9. From the Planning Board, signed by the Secretary, recommending approval of Parcel Map No. 761 for
division of a 5.7 -acre parcel at the northeast corner of Shore Line Drive and Willow Street, subject to
terms and conditions of the City Engineer's Report dated August 26, 1971, Doric Development Company,
developers.
The matter was referred to "Resolutions ".
UNFINISHED BUSINESS:
10. Councilman McCall reported that according to the minutes of a recent meeting of the Board of
Education, it had taken action on the City Council's request with regard to the property behind Encinal
High School and a letter was forthcoming thereon, that approval had been given to trying to work out a
joint agreement for use of the property. He said he had been in contact with Mr. Nesbit, Executive
Officer of the Wildlife Conservation Board, and arrangements would be made to meet with him and tour
the facilities.
Councilman Longaker commented that he understood Councilman McCall had done an outstanding job in
presenting this matter.
RESOLUTIONS:
11.
The following resolution was introduced by Councilman Longaker, who moved its adoption:
"Resolution No. 7869
Ordering Cancellation and Refund of Real and Personal Property Taxes
Erroneously Levied and Collected."
The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
12. V The following resolution was introduced by Councilman Levy, who moved its adoption:
"Resolution No. 7870
Approving Warrant No. 179 of Board of Trustees of Reclamation District
No. 2105."
The motion to adopt said resolution was seconded by Councilman Fore and carried on the following roll
call vote. Ayes: Four. Noes: President La Croix, (1). Absent: None.
13. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7871
Authorizing Execution of Agreement for Construction and Completion of
Improvements in Connection with Parcel Map No. 761 and Approving Cash
Deposit as to Sufficiency in Lieu of Surety Performance Bond (Division
of Parcel 1 of Parcel Map No. 567, - South Shore Center, Inc.)"
The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
14. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7872
Approving Parcel Map No. 761 for Division of Parcel 1 of Parcel Map
No. 567, Alameda, California, and Permitting Recording Thereof
(South Shore Center, Inc.)."
The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
The President declared the foregoing resolutions adopted.
INTRODUCTION OF ORDINANCES:
15. Councilman Levy introduced the following ordinance, after which it was 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, New Series."
(From C-2, Central Business District, to R-5, General Apartment
District - Herbert A. Jackson)
The motion was seconded by Councilman Longaker and carried on the following roll call vote. Ayes: Five.
Noes: None. Absent: None.
ORDINANCES FOR PASSAGE:
16. "Ordinance No. 1656,
New Series
An Ordinance Amending Certain Portions of the Alameda Municipal Code
Relating to Traffic Regulations."
Councilman Levy moved the ordinance be passed as submitted. The motion was seconded by Councilman McCall
and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
17. "Ordinance No. 1657,
New Series
An Ordinance Reclassifying and Rezoning Certain Property Within the
City of Alameda by Amending Zoning Ordinance No. 1277, New Series."
(From R-1, One-Family Residence, to R-1-PD, One-Family Residence,
Planned Development District - Knuppe Development Co., Inc.)
On request by Councilman McCall, the Planning Director reported that Mr. Knuppe had filed application for
a planned development under the so-called old ordinance. A hearing had been held thereon by the Planning
Board and continued, at the request of the developer, to the Board meeting of January 10, 1972. He said
Mr. Knuppe had had many discussions with the Planning and Engineering Department personnel on the traffic
circulation and other problems relative to the proposed development and he felt there was no objection to
passage of the ordinance under discussion.
Councilman Longaker moved the ordinance be passed as submitted. The motion was seconded by Councilman
McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
BILLS:
18. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total
amount of $80,989.39, 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 December 21,
1971, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded
by Councilman Longaker and carried on the following roll call vote. Ayes: Five. Noes: None. Absent:
None.
ORAL COMMUNICATIONS, GENERAL:
19. Mr. Frank Gottstein, 731 Haight Avenue, complained of a fence constructed in connection with the
condominium development at Portola Avenue and the south end of Ninth Street, which he said was higher than
six feet by four and one-half inches and which deprived him of at least a small view of the Bay.
City Engineer Hanna stated, on request, that he had inspected the fence to ascertain that it conformed
to the City Building Department regulations as to height.
At Mr. Gottstein's request, President La Croix stated he would meet with him after the start of the new
year to inspect the situation.
20. Mr. Gottstein said he had received many calls from people desiring additional information on the
matter of the flooding on Webster Street. He inquired what would be accomplished with the estimated cost
of a million dollars.
340
President La Croix said the statement had been made that it would cost approximately a million dollars
to correct the flooding condition in the area of Webster Street. He complimented Mr. Hanna and the
City crews who had been working diligently to remove debris and keep the area open and said there was
now no evidence of flooding in the location. President La Croix reiterated his statement that he felt
there were many other more important conditions in the City which needed correction.
21.17 Mr. John Barni, 1364 East Shore Drive,
merchants on the parking situation. He said
the early morning by postal workers and that
months. He suggested that the lot be patroll
streets adjacent to the Park Street business
great help to the merchants.
suggested that something be done immediately to help the
the Off- Street Parking Lot on Park Avenue was filled in.
about 30% of the meters had been missing for several
ed regularly and also that the parking limit on the
district be cut from two hours to one, which would be a
President La Croix pointed out that the residents of the areas surrounding the business district also
must be given consideration in this matter.
Mr. Weller said he had no personal knowledge of the missing meters but there had been considerable
vandalism where meters had been destroyed in the Park and Webster Street areas. He said the problem
of which Mr. Barni spoke with regard to the Post Office employees had been experienced for some time
and it seemed to come down to the question of whether they were going to park on the lot or at the
curb and in either instance they were obviously taking up space which might better be used by shoppers.
He said what was really desired was to provide parking for people who were shopping and not for employees
or merchants, and if the merchants and their employees would move their cars from the area a substantial
part of the parking problem would be solved. He said he would be glad to look into the matter and
find out what had happened to any missing meters and to see that there was further enforcement exercised
on the parking lots but, unfortunately, this was not the magic solution to the problem.
Councilman McCall said he felt it should be remembered that theCity on- street meters were in effect
only from 10:00 o'clock a.m. to 5:00 o'clock p.m. and pointed out that meters in the City of Oakland
collected ten cents per hour and were checked every hour.
FILING:
22. Financial and Operating Report - Bureau of Electricity, as of October 31, 1971 - Verified by
George A. Hackleman.
23.V Report on Count of Money held November 17, 1971.
24. Agreement - Between South Shore Center, Inc., and City - re Parcel Map No. 761.
25. President La Croix thanked those in the audience for being present and extended to all best
wishes for the Holiday Season.
ADJOURNMENT:
26. There being no further business to come before the meeting, the Council adjourned, to assemble
in regular session on Tuesday, January 4, 1972, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk