Loading...
1972-02-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - FEBRUARY 1, 1972 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman McCall and was followed by an inspiring Invocation delivered by The Reverend Raymond M. Currie, Acting Pastor of the First Presbyterian 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 January 18, 1972, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From The Morning News, signed by Mr. Abe Kofman, Publisher, inviting the City to include an adver- tisement in the special issue commemorating the 100th Anniversary of the incorporation of the City of San Leandro. It was directed that the communication be referred to the Alameda Chamber of Commerce for attention. It was suggested that a letter of congratulations be sent to the City of San Leandro. The President stated he would be glad to direct such a communication to the Mayor of that City. 3. From Mr. Frank A. Ratto, 1053 Island Drive, with regard to the proposed Charter amendments. This letter was referred to the item under "Reports and Recommendations" pertaining to a communication from the City Manager and the City Attorney on the Charter amendments proposed by the Charter Amendment Advisory Committee. 4. v ffFrom the Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrant No. 180 in the amount of $21,405.94 payable to Paul Bouillin Enterprises Incorporated. The matter was referred to "Resolutions ". ORAL COMMUNICATIONS, AGENDA: 5. Mrs. Lee -Ann Lane, 1425 Union Street, requested the opportunity to speak under Items Nos. 2 and 3 of "Reports and Recommendations ". REPORTS AND RECOMMENDATIONS: 6. From the Auditor and Assessor, requesting refund of taxes erroneously levied and collected. The matter was referred to "Resolutions ". 7. From the City Attorney, suggesting adoption of a statement of official position with regard to matters being considered by the Regional Airports Systems Study ( "RASS ") Committee, submitting a proposed "position paper" indicating concern with growth of airports and air traffic in the Bay Area because of the deleterious effects on the City and mainly concern for the problems resulting from operations at the Oakland Airport, the Mayor to present the statement before the Committee. President La Croix remarked that this subject was of paramount importance to the City of Alameda and he would be very happy as the Mayor of the City to present the suggested "paper" at the meeting of the "RASS" Committee on Thursday, February 3, 1972, if this should be the direction of the Council. Mrs. Lane, who had requested the opportunity to speak on the subject, addressed the Council. She said she felt the report was very good but a very important point was missing, that of the physical hazard facing the City due to the existence of the garbage dump in the area of the Airport. She said she had received a report from the U. S. Environmental Protection Agency which stated Oakland International Airport had been given a top priority as to the airplane -bird hazard. She said there were eighteen garbage dumps in the vicinity which contributed to the problem and the birds involved were seagulls; the problem would still exist even with removal of the dump because of the tidelands. Mrs. Lane said she felt the physical danger should be pointed out and made reference to crashes which had occurred in which the owners and operators of the dumps had been held liable and paid damages. She raised the question of whether the City would be liable in the event of a crash of a commercial airplane involving the City dump. City Attorney Cunningham said the problem was not before the Council so there was no need for giving an off -hand opinion. He pointed out, however, that an internationally known Aeronautical Engineer and Air- port Consultant, Dr. Maurice Garbell, had been employed and, in subsequent study sessions of the "RASS" Committee, he would deal with many problems as he was conversant with take -off patterns, altitudes at which planes fly, et cetera, and it was hoped that technical problems would be left to him. Mr. Cunningham said the purpose of the "position paper" was to "get a foot in the door" to give an overall position. President La Croix commented that the City was very well represented before the bodies involved in this type of study. He commended Mr. Bruce Aspinall of the Planning Department staff for the work he had done in drafting the presentation and said, to his knowledge, Alameda was the only city in the Bay Area which 4 was challenging the study group on this subject and the reason was that great concern was felt for the City and its citizens. He said he hoped the Council would see fit to adopt the proposed statement. Councilman Longaker added his commendatory remarks with regard to the work of Mr. Aspinall on the statement. Councilman Fore moved, upon advice of the City Attorney, that the proposed statement be adopted for guidance as the official position of the City Council with regard to the subject under discussion. Councilman Longaker seconded the motion. Councilman McCall said he felt it behooved the Council to make its thoughts known with regard to the Oakland Airport. He commented on an article in the Oakland Tribune on the subject and stated he would possibly challenge statements allegedly made by a staff member of the Bay Conservation and Development Commission with respect to fill and development of Bay Farm Island and construction of the airport. He commented on the recommendation that, in the event of fog or other difficulties, jet traffic should be switched to the north airport and pointed out the City of Alameda had fought to get the pattern of the jets to the southerly side of the port. He said there was presently a flight from Oakland at approximately 11:00 o'clock p.m. which was very disturbing to him and to other residents in the vicinity of his home. He suggested that all cities in the area join with the City of Alameda in attempting to gain approval of a runway 5,000 feet offshore of the present Oakland Airport so that plane traffic would be completely over the water and away from residential areas. President La Croix said his presentation before the Regional Airport Systems Study Committee would speak solely to the protection and best interests of the City, that Councilman McCall's remarks with regard to a runway outboard of the present one made a great deal of sense and he felt the points raised should be approached at the proper time. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 8. V, From the City Manager and the City Attorney, with reference to the changes proposed by the Charter Amendment Advisory Committee, which had recommended that amendments to the City Charter be submitted to the voters of the City, as follows: (1) that the office of Auditor - Assessor become an appointive position designated as the Director of Finance heading a centralized Finance Department, appointment to be made by the City Manager, and that the position of Treasurer -Tax Collector become appointive and the duties be combined with the Finance Department; (2) that the Council be authorized to contract with the County of Alameda for assessment services and collection of property taxes; (3) that the residence requirement for persons to be elected or appointed to elective office be one year; (4) that the fee to be received by Councilmen be estab- lished at $100 per month; (5) that the Mayor of the City and President of the Council be allowed the sum of $200 per month for expenses. The Committee also recommended that the City Council take a formal position favoring consolidation of local government elections, that no action be taken on districting, and that the proposed amendments be placed before the electorate at the Primary Election in June, 1972, if possible, or as soon as this could be done at a subsequent election. President La Croix stated it would be necessary for the Council to establish priorities of the measures on which consolidation would be requested. He again expressed appreciation to the members of the Committee, chaired by Mr. William S. Godfrey. He recognized Mr. Godfrey, who said the Committee's report had listed the suggested amendments in the priority order recommended by the group. He acknow- ledged with appreciation the excellent help provided the Committee by Auditor - Assessor Martin, City Attorney Cunningham and, particularly, Assistant City Manager Goss, who had attended all of the Committee meetings and whose expertise in many fields had been of great assistance in the deliberations. Councilman McCall expressed the opinion that the Mayor of the City and President of the Council should receive at least $500 per month as a salary plus an expense allowance. He commended President La Croix for his conduct of the office and pointed out his representation of the City on several Commissions and Committees would certainly entail added expense. He cited examples of much greater amounts received by other Mayors in the surrounding cities. Mr. Godfrey pointed out that the Council had set down certain items on which it requested recommendations from the Committee, not including the subject of Council compensation, and allowed latitude for discus- sion of other provisions of the Charter if the Committee should so desire. He explained that the group had set up bylaws indicating anyone desiring discussion of other items could bring up the subject in written form and one member had indicated he felt it was ridiculous to have an elected Mayor at the salary allowed by the Charter. Mr. Godfrey said he felt the Committee was attempting in its recom- mendation on this point to send back to the Council the thought that the Mayor was not properly compensated. As to the exact amount, he said, there had not been a great deal of discussion but he believed the thought had been to suggest a minimum amount. Mr. Cunningham pointed out the amounts recommended by the Committee, should they be accepted and approved by the voters, would be in addition to the $200 monthly salary voted in by the electorate in approving the elected Mayor measure. Councilman McCall said he felt the voters should be given a choice and possibly should be allowed the opportunity to vote on an alternate proposal of a $500 salary for the Mayor. He suggested the Charter Amendment Advisory Committee might be requested to give this matter further study, taking into consider- ation all facts and information available on the subject. Mrs. Lane, who had requested permission to speak on this subject, asked that her letter dated January 10, 1972, on the proposed Finance Director be accepted as a second minority report, as it had been intended. President La Croix said he felt this would not present a problem and he, as President of the Council, would have no objection to accepting this communication as a minority report, if Mrs. Lane so desired. There being no objections, the President directed that the letter be so designated, evidencing a minority position. President La Croix requested comments from the other members of the Council with regard to the report under discussion, taking into consideration the date by which the matter must be submitted to the Alameda County Board of Supervisors with request for consolidation with the State Primary Election on June 6, 1972. Mr. Cunningham stated such a request must be in the hands of the County Board by March 24 and, at the very latest, final action would have to be taken by Council adoption of appropriate resolutions at its regular meeting of March 21, although he would prefer that action could be finalized prior to that date. It was pointed out there was a strong possibility that it would not be possible to get all of the recom- mended items on the June Primary ballot and it would have to be determined by the Council which of the items would be the priority measures on which to seek consolidation. There was discussion with regard to the suggestion of Councilman McCall with respect to the Mayor's compen- sation, and referring the matter back to the Charter Amendment. Advisory Committee for additional study. Mr. Weller expressed reluctance to recall the Committee into action in view of the fair probability that it would not be possible to get the full number of measures on the ballot. He suggested an alternative would be to prepare the proposal in ballot measure form and the Council could insert the desired figures at the appropriate time. After further discussion, it was decided that the matter would be resubmitted to the Committee for further study and consideration and report back to the Council. Councilman Longaker moved the report be accepted and the City Manager and the City Attorney be directed to draft appropriate resolutions for presentation to the County requesting consolidation with the June 6 Primary Election and covering the amendments proposed, with the exception of the item relating to compen- sation for the Mayor, for consideration by the Council at its next regular meeting on February 15. Councilman Fore seconded the motion. Mr. Goss called attention to the Committee's recommendation that the Council take a formal position favor- ing consolidation of local government elections and that this position be communicated to the League of California Cities and the Joint Committee for the Revision of the Elections Code. It was agreed that this position was acceptable to the Council and amendment of the motion to this effect was satisfactory to Councilmen Longaker and Fore. After clarification by the City Attorney as to the intent of the motion, the question was put and the motion, as amended, carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 9. , From the City Manager, recommending the public improvements in connection with the subdivision known as Tract No. 3106 be accepted and the bond be released. This covered the development of Islandia No. 1 by Braddock & Logan. Councilman Longaker moved the recommendation be adopted and the public improvements in connection with said Tract No. 3106 be accepted and the bond be released. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 10. The matter was brought up with regard to the dedication of land or in lieu fee in connection with the Tentative Map for the subdivision known as Tract No. 3378, the condominium development of Doric Development Company at Shore Line Drive and Willow Street. President La Croix recalled that this Map had been approved at the last regular meeting of the Council on January 18, with the exception of the provision for land dedication or in lieu fee, on which questions had been raised as to whether the criteria had been met in accordance with provisions of Ordinance No, 1627, New Series. A memorandum dated January 28, 1972, from the City Manager indicated that requirements had been met under the Ordinance in its present form. Councilman Longaker expressed the opinion that the Ordinance would have to be restudied, reworded and tightened up. He said he felt with regard to the development under discussion the Council had no alter- native but to accept the fact that sufficient land had been set aside in terms of space for recreation and this should be the finding of the Council. He moved that the 31,682 square feet of land be accepted as open space in lieu of payment of fee. Councilman Levy, in seconding the motion, said he felt no apologies were needed with regard to the development under consideration, that the developer had worked very closely with City Departments, it was a good project and it would be beneficial to the City. Speaking on the question, Councilman McCall quoted from Mr. Weller's memorandum dated January 28, 1972, on the subject and suggested "it be made clear that each Planned Development would be judged upon its particular circumstances and that the degree of offsetting credit established would depend upon evaluation of each standard set forth in Section 11 -328 of the Ordinance ". He requested that this clause be made a part of the motion. Upon suggestion of the City Manager and the City Attorney, the motion was accordingly modified to state the City Council had specifically found that the standards set out in subsections (a), (d) and (e) of Section 11 -328 of the Municipal Code had been met, and that subsections (b) and (c) of this Section could not be found to have been complied with at this time and prior to, or concurrently with, the approval of the Final Map there would have to be a written agreement provided for in subsection (b) as well as evidence of the validly recorded covenents showing that the use could not be defeated or eliminated. The amendment 6 was acceptable to Councilmen Longaker and Levy. The question was put and the motion, as amended, carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. President La Croix said he felt the Ordinance as it presently read tied the hands of the Council and it was not a good regulation. He said he felt great pressure would be brought to bear on the City in future development for recreational land and services and the City could not and should not expect developers to provide their own recreational services for the people who would enjoy these amenities and not expect that some of these services would have to be picked up by the City. He expressed the hope that the Council could re- evaluate the Ordinance as to its effect on the City and what it would permit the Council to do. He said he felt there would have to be a change in the provisions if the City were to be developed as planned and still provide safeguards to the proper recreational needs and open space. He said he would hope that in the near future the City Manager could come back with information for discussion as to change in the Code to provide that the small condominium developer would not "get a slap in the face" and have to pay fees while the large developer would be able to provide merely open space in lieu of fees. He said he felt the City would suffer in the years ahead unless it could come up with some opportunity to derive honest and proper funds from these developers. Mr. Weller said the staff was well aware of the problem and he felt the dilemma was caused by the attempt to develop an objective set of criteria and at the same time write an ordinance which would be legal. He said the ordinances which had been reviewed in this connection provided for a high degree of subjective judgment which was inherently unfair as it would depend upon the individual subjective judgment of the City Council, the Planning Board or whoever might be involved; on the other hand, it could not be said in all equity that everyone was to pay a certain amount per unit as the situation would not be the same with respect to every development. He said the field was a new one and he felt it would be a mistake to look at it only in terms of recreation as the same problems existed in connection with sanitary sewers, storm drainage, in some cases part of the street system, fire stations, and many other things, and there was no easy answer. What was needed was something which would provide guidelines which could be interpreted by any reasonable person in the same way so that the City would not be confronted with the situation where this City Council would say this was the answer in this particular case and another City Council with the same set of conditions would come up with a different conclusion. Councilman McCall pointed out that the one who would pay in the end in these matters would be the taxpayer. RESOLUTIONS: 11. V The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7878 Ordering Cancellation and Refund of 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 Longaker, who moved its adoption: "Resolution No. 7879 Authorizing Application to United States Department of Housing and Urban Development for Grant to Develop Open Space Land (Lincoln Park)." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. It was explained that the amount involved in the application was approximately $20,000 and the total package was about $100,000. 13. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7880 Adopting Specifications, Special Provisions and Plans for Construction of Arch Culverts at Various Locations in the City of Alameda, 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: Five. Noes: None. Absent: None. 14.j The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7881 Approving Warrant No. 180 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. The President declared the foregoing resolutions adopted. 57 INTRODUCTION OF ORDINANCES: 15. Councilman Longaker 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 Repealing Subsection (5) of Section 14 -212 Thereof, Relating to Fire Zone No. 1." (North end of Webster Street, westerly side) The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. BILLS: 16. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $60,752.44, 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 February 1, 1972, and presented to the City Council at this meeting be allowed and paid. The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 17. _'.. Mr. Frank Gottstein, 731 Haight Avenue, expressed disapproval of the proposal to increase the Mayor's compensation again so shortly after having the matter on the ballot previously, although he approved of the amount at $400 or $500 per month. He said he felt it was a mistake to have for the office of Mayor or Councilman a man who held two jobs, that self - employed men should serve in these capacities, and also the Mayor should be a practical man with practical knowledge. Mr. Gottstein also suggested the Councilmen should receive additional compensation. 18. Mr. Gottstein again brought up the subject of a fence constructed in the development of the condo- minium subdivision at Portola Avenue and Ninth Street. He repeated his arguments with regard to his request that the twenty -foot length of fence which was six feet four inches, according to his claims, be reduced to six feet in height and asked that the other members of the Council who had not done so express their thinking on the matter. Mr. Gottstein said he felt the condominium developers had been given more privileges than he had anti- cipated. 19. President La Croix thanked all those in attendance for being present, especially the young people in the audience, apparently students in the governmental classes. FILING: 20. Specifications No. PW 2 -72 -2 - Construction of Arch Culverts at Various Locations in the City. ADJOURNMENT: 21. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday, February 15, 1972, at 7:30 o'clock p.m. Respectfully submitted, City Clerk