1972-10-03 Regular CC Minutes491
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY OCTOBER 3, 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 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, Longaker, McCall and President La Croix, Jr., (5)
were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held September 19, 1972, were approved as transcribed.
2. The President announced that Vice Mayor Levy had on this date been in Los Angeles in connection
with the passing of his son -in -law and had flown back to the City to be present at this meeting. He
extended the sympathies of the Council and congratulated the Vice Mayor upon his dedication to the interests
of the City.
WRITTEN COMMUNICATIONS:
3. From Thunderbolt Fireworks Company, requesting permission to stage a fireworks display at the South
Shore area on October 20, 1972, commencing at 9:30 o'clock p.m.
Councilman McCall moved the requested permission be granted, subject to compliance with the requirements
of the Fire and Police Departments and indication of adequate liability insurance coverage. Councilman
Levy seconded the motion which on roll call carried unanimously.
4. #�'y From Mrs. Rose E. Stutzman, Jenny, Scott L. and Bradley Smith, 821 Paru Street, in support of the
proposed off - premise sign ordinance.
5. ° From Mr. Christopher M. F. Reynolds, 878 Laurel Street, in opposition to the use of billboards for
outdoor advertising.
6.s °`£ From ALERT, signed by Mr. Ron Livesey, Chairman, urging that the proposed off - premise sign ordinance
be "untabled" and approved.
President La Croix suggested this matter be "raised from the table" at the first meeting of the Council
in November and that the sign people be so notified. This was satisfactory to the other members of the
Council and the City Manager was requested to so inform Foster & Kleiser and Eller Outdoor Advertising
Company.
7. 'Y From Mr. Christopher M. F. Reynolds, requesting that smoking in the Council Chamber be banned.
President La Croix noted that a portion of the Chamber was now designated as a "no smoking" area. In
accordance with a suggestion by Councilman McCall, he requested that in deference to the large crowd in
attendance, there be no smoking in the Council Chamber at this meeting.
8. From Mr. George E. Kempster, 1721 Nason Street, with regard to the noise problem at the Oakland
Airport.
President La Croix stated the Council would continue to work for the abatement of the noise problem at
the Airport.
Councilman Fore stated he had recently contacted the Tower at the Oakland Airport with respect to noisy
planes over the City and the gentleman in charge had stated he would be glad to address the Council in
explanation of the problem, upon invitation.
9. !" From Mrs. Linda Rockey, 909 Shorepoint Court, with regard to the proposed Oakland Airport expansion,
urging that the Council do all in its power to prevent increased use of Runway 27.
The President stated he had received a letter from the Airport Land Use Commission advising that it would
hold a meeting on October 11, 1972, for discussion of the land use of the Airport and its future expension
program. He suggested that all interested citizens attend the meeting, which would be held in the County
of Alameda Public Works Building at 399 Elmhurst Avenue, Hayward.
10.v/ From Ring Brothers Corporation, signed by Mr. Ellis Ring, President, concerning the status of its
proposed project on the north Webster property, setting forth the concepts currently under preliminary
consideration and stating the Corporation had not yet developed a comprehensive plan for the area.
The President said as more pertinent information was received it would be made known to the public.
11. From Esther Bon Madden, 1826 Clinton Avenue, urging the Council to call for an environmental impact
study.
President La Croix stated that, hopefully, action would be taken on this question at this meeting.
12. From Mr. Paul Miesner of Alameda Today and Tomorrow, requesting the opportunity to make a slide
presentation of twenty minutes on the Harbor Bay Isle project and its effect on the City.
The communication was referred to the Hearing on the rezoning petition of Harbor Bay Isle Associates,
for recognition of Mr. Miesner at the proper time.
13. ✓From the following, in support of the Harbor Bay Isle development: Messrs. Gary Thurlow, 1205
Benton Street; and Robert Oross, 933 Shore Line Drive; a petition signed by thirty -four residents and
individual letters from sixty -three residents.
The communications were acknowledged and referred to the file on the subject.
14. From Mr. Ernst Bernhard, 3021 Bayo Vista Avenue, in opposition to further development in Alameda
or on Bay Farm Island.
This communication was also acknowledged and referred to the file on the subject.
15. V From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary,
requesting approval of Warrant No. 184 in the amount of $50,000 to replenish the revolving fund.
The matter was referred to "Resolutions ".
16.1'° From Mrs. Helen L. Freeman, 831 Laurel Street, with respect to the retention of the South Shore
beach, which she stated was a matter of concern to the people of the community.
President La Croix commented that the loss of the beach areas was another problem facing the City.
He stated the studies of the East Bay Regional Park District and the U. S. Corps of Engineers on the
subject would undoubtedly be brought before the Council for consideration in the near future.
City Engineer Hanna said, on request, that certain alternate proposals had been developed from public
hearings and that at least one additional suggestion had come forth in the past month. He said he
believed the matter was still open in the event someone might have a reasonable proposal to offer,
and the Council should be informed of the recommendations fairly soon.
Councilman McCall commented on the gradual filling of the Channel and said he felt the present condi-
tion of San Leandro Bay was the responsibility of the U. S. Army Corps of Engineers. He expressed his
thinking with regard to a deep channel surrounding the City.
17. From Carolyn and Robert J. Blaisdell, 3111 La Campania, with regard to the proposed Bay Farm
Island development, endorsing an outside expert environmental and financial study.
The President stated this matter would be considered by the Council later in the meeting.
18. From the following, requesting the Doric Development rezoning be delayed and people be permitted
to vote on the question: William M. and Margaret Smock, 3273 Encinal Avenue; Thelma E. Mason, 3265
Encinal Avenue; and Mrs. Marie F. Merrill, 3215 Liberty Avenue.
19. From forty residents, individual letters in opposition to the proposed Harbor Bay Isle project
and urging disapproval of the rezoning petition.
These communications were referred to the file on the subject of the rezoning petition for the Harbor
Bay Isle project.
ORAL COMMUNICATIONS, AGENDA:
20. Mr. Charles Tillman, 2415 Roosevelt Drive, stated he had a report by the U. S. Corps of Engineers
which made no reference to a deep water channel provision and suggested that agency would be interested
in receiving information on this point.
21. Mr. Tillman commented on the bond issue election held in the City of San Rafael to avoid future
developments and putting the lands into the public trust and the park system, and in Livermore, where
a similar proposal had been voted down. He also remarked that on a survey taken by the Oakland Tribune
on the question, "Do we want people ?" 76% had voted "No ", similar to the majority voting down the
Southern Crossing. Mr. Tillman said he had attended meetings of many organizations interested in the
City's current problems and governmental agencies for information and emphasized that any position he
might take would not be an impulsive one. He spoke of creditibility in connection with the present
condition of the South Shore beach which had been constructed by Utah International, Inc., fifteen
years ago at a twenty to one slope. He showed a photograph taken fifteen years ago when the beach was
in its prime and invited viewers to compare its appearance at that time with its present condition.
He said he would like to see the Council approve an environmental impact study.
22. Mr. Diamantes D. Katsikaris, President of the Independent Taxpayers Union of California, Inc.,
requested that a prepared statement he had submitted at the regular meeting of the Council on August 5,
1972, registering his objections to the proposed Harbor Bay Isle development, be made part of the
record.
HEARINGS:
23. In the Matter of a Report by the Superintendent of Streets with regard to the Clay Street Street -
Lighting Improvement District.
The Clerk stated there were on hand the Affidavits of Posting and of Mailing the Notices required in
this matter.
On request, Mr. Hanna stated the total amount involved in the proposed Improvement District would be
$211.28.
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City Attorney Cunningham stated the purpose of the Hearing was for the Council to hear and pass upon
the Report of the Superintendent of Streets on the cost of the work to be performed in the District,
which was authorized by Resolution No. 7957, adopted by the Council at its regular meeting held July 5,
1972, and hear and consider the objections or protests, if any, of persons to be assessed for said work.
On the call for proponents, there was no response, nor on the call for opponents. The Hearing was
declared closed.
Councilman Levy moved the Report be accepted. Councilman McCall seconded the motion which on roll call
carried by the following vote. Ayes: Five. Noes: None. Absent: None. There being no objections,
the meeting proceeded to "Resolutions ".
RESOLUTIONS:
24. ' The following resolution was introduced by Councilman Levy, who moved its adoption:
"Resolution No. 7985
Confirming Report of Superintendent of Streets of Construction, and Cost
Thereof, of Work Performed in Clay Street Street - Lighting Improvement
District, Assessing Such Costs Against Parcels of Property Fronting on
Street Therein, Making Said Special Assessments Lien on Said Properties,
and Ordering City Engineer to Make Certificate and Notice of Lien and
File Same with the City Tax Collector."
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.
The meeting returned to the regular order of business.
25. t'r In the Matter of Reversion to Acreage of Tract 1289 (former Hester Tract - adjacent to the Bay Farm
Island Bridge south of Otis Drive).
The Clerk stated there was on file the Affidavit of Publication of the required Notices of Hearing, which
had been published in the Alameda Times -Star on September 22 and 29, 1972.
Mr. Donald Johnson, Planning Director, explained this was an administrative matter to ease the title
passed on to subsequent owners, in this case the Knuppe Development Co., which proposed to develop the
area under the plans for the subdivision known as Tract 3411, and remove cumbersome legal descriptions
from deeds.
Mr. Cunningham recalled that the Council had, at its meeting of September 5, 1972, approved the Final
Map for Tract 3411 and the map submitted by the developer on the reversion appeared to comply with State
and local requirements.
On the call for opponents, Mrs. Inez Kapellas, 1128 College Avenue, appeared. She pointed out an environ-
mental impact study had not been made prior to approval of the Tract and she requested that all work
being performed in connection with the subdivision cease until such a study could be made on the project.
Mr. Cunningham explained the subdivision on which the property lines were sought to be erased had been
approved by the City Council in 1955; the Final Map on Tract 3411 had also been approved by the Council
and Building Permits had been issued. In the absence of further guidelines from the court, he said it
was his opinion that a substantial property right intervened and the matter would not be subject to
retro - active application. He explained further and expressed the opinion that a study was not required
in this instance.
Mrs. Kapellas said this point had been clarified in an article in the previous Sunday edition of the
newspaper, that there was no such thing as a grandfather clause on the Environmental Quality Act of the
State of California, according to Senator Knox, who had sponsored the legislation, that the Legislature
would have to return to session before it could cover all developments which had been approved by local
or county agencies. She suggested the City Attorney investigate this point.
Mr. Don Bissell of Bissell & Karn, Inc., Civil Engineers representing Knuppe Development Co., expressed
the developer's approval of the reversion to acreage.
There being no objections, the meeting proceeded to "Resolutions ".
RESOLUTIONS:
26./ The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7986
Authorizing Reversion to Acreage of Land Previously Subdivided (Sub -
Division Tract 1289)."
The motion to adopt said resolution was seconded by Councilman Longaker and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
27. In the Matter of a Proposal by the Planning Board to amend a portion of the Comprehensive General
Plan labeled Bay Farm Island Action Program.
The Clerk stated there was on hand the Affidavit of Publication of the Notice of Hearing in the matter
and the minutes of the Planning Board meeting at which the subject was considered had been sent to the
Councilmen.
President La Croix suggested, in view of the fact that no action was contemplated at this meeting on
the Harbor Bay Isle rezoning petition, that this Hearing be continued accordingly. It was so ordered.
It was stated the revised number of units recommended by the Board was 9,005.
28. In the Matter of a Petition filed by Harbor Bay Isle Associates for reclassification from the
existing Zoning Districts to Districts indicated, certain properties on Bay Farm Island. The Planning
Board had recommended approval, with certain modifications.
The Clerk stated the Affidavit of Publication of the Notice of this time and place for the Hearing in
this matter was on file and the minutes of the Planning Board meetings at which the petition was consi-
dered had been sent to the Councilmen.
President La Croix read a prepared statement that he felt no Council action should be taken on the
application and no further hearings should be held until an independent environmental impact report
had been prepared and submitted. He pointed out that State law now required consideration of an environ-
mental impact statement before taking action on the zoning application and the plan of development
proposed, and suggested there were three alternatives open to the Council in the matter, as follows:
(1) to accept the various reports prepared by private consultants for Doric Development, Inc., as a
satisfactory survey and statement, commenting that he did not feel this was an acceptable choice as it
would not speak to the need for a completely independent analysis of the total picture; (2) to disregard
the work done to date by Doric's consultants and commission a new such study, which he did not favor
for the reasons that this procedure would ignore the great amount of study already completed by indivi-
duals and firms of unquestioned reputation, it would involve a considerable amount of time and would
cost in the vicinity of $200,000, most of which would represent assembling the same material a second
time; (3) to employ a reputable and independent consultant, under direction to review and modify as
his best judgment suggested, all reports submitted by Doric's consultants and the City staff and to add
whatever substance might be necessary to meet the letter and spirit of the law. The consultant would
be responsible only to the City and would be expected to complete his work without bias or influence of
any kind. President La Croix said such a report would be acceptable to him and it could be accomplished
probably within two months at a cost of perhaps $30,000. He asked that the Council make a decision on
this question before proceeding with the scheduled Hearing.
Councilman Levy expressed his approval of an impact study, using the information assembled by the
Doric consultants and any other information uncovered in study.
Councilman McCall said he had received a notice that Mono County would file a petition for rehearing
of the case involving Friends of Mammoth on this subject. He said affidavits of City officials as to
the negative impact of the decision were needed to support the petition, to be received by Mono County
Attorneys by October 4, and expressed the opinion that the City Council had no alternative but to be
a "friend of the court" in this decision. He said he was not opposed to the environmental impact
study which was now State law but he wanted to be sure everything would be done to protect every
municipality in the State. He moved that the City Attorney be instructed to apply as a "friend of
the court" in this case.
Mr. Cunningham stated special sessions had been scheduled at the Annual Conference of the League of
California Cities on this subject, as well as other non - growth issues, and it was anticipated that a
recommendation would be forthcoming from the City Attorneys' Section with respect to joining as a
"friend of the court" on behalf of Mono County and the consequences of such a position. He said the
mechanical problem in obtaining affidavits from City staff members would make it impossible to mail
such documents in time to meet the deadline although he would be guided by the instructions of the
Council to join in the petition for rehearing. He said, in view of the six -to -one decision and the
judicial innovation undertaken by the Court, he did not believe the petition would be granted.
After further discussion, the motion died for lack of a second.
Councilman McCall read a prepared statement that he felt there was no question but that hearings
should proceed on the rezoning petition of Harbor Bay Isle Associates; during the time it would take
to put an environmental impact report together the Council could carry on its fact - finding, everyone
in the community who wished to do so would have the opportunity to express his ideas on the subject,
and when the study had been completed and the results were available, the Council could come to some
kind of intelligent evaluation. He said he felt the Council would agree upon the third alternative
suggested by President La Croix for an environmental impact study on the project and questioned whether
the City would have to bear the entire cost or whether the developer would share or pay the full amount
of the expense. He requested that the City Attorney investigate this question and that he and the
Planning Department furnish the Council with continual briefings on the legal and technical aspects
of the Council's obligations in the situation.
There was discussion with regard to what the environmental impact study should contain, what would be
expected from the City in this respect, the cost and whether the developer would be required to assume
all or a share of the expense.
Councilman Fore moved the third option, for an impartial impact study of the Harbor Bay Isle Project,
in its entirety, as presented to the Council by President La Croix, be approved and the cost be paid
by the City or someone other than the developer, as he had put approximately $200,000 into such studies.
Councilman Longaker seconded the motion.
Councilman McCall moved the motion be amended to provide that, if possible, the City Manager and the
City Attorney negotiate with the developer to share in the cost as he felt this would be only fair to
the taxpayers. Councilman Longaker seconded the motion. The amendment was agreeable to Councilman
Fore.
9
President La Croix said he would like to see that all interested environmental impact concerns and
consultants who might entertain a proposal to make the required study be evaluated by the City Manager
and the staff, that a minimum of three be presented to the City Council for interview in executive
session and that the selection of the consultant be made by the Council. This was agreeable to other
members of the Council.
Mr. Joseph M. Sullivan, 3221 Liberty Avenue, asked to speak and pointed out the Council had at its last
meeting declined to hold a special election on the high density question which would cost approximately
$8,000; however, it was now considering the expenditure of $30,000 on something which might be overthrown
by the election. He urged that the Council vote to hold up the environmental study until after the
election.
The question was called for and the motion, as amended, carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
Councilman Fore read a prepared statement that he was pleased the Council could now proceed to hear the
rezoning application of the Harbor Bay Isle Associates and to provide opportunity for the citizens to be
heard, that at the conclusion of the Hearings the vote would be tabled until completion of the environ-
mental impact study report and the Council would have prepared itself to come to an honest decision and,
hopefully, one that would be right for Alameda.
Councilman Longaker read a statement expressing his thinking and approval of proceeding with the Hearings
on the Harbor Bay Isle proposal, after which it must select the best course for the people and for the
future of the City.
At this time a ten - minute recess was called. Upon reconvening, the Council proceeded with the Hearing on
the Harbor Bay Isle rezoning petition.
President La Croix emphasized that the Council did not intend to bring the matter to a vote until after
a satisfactory environmental impact report had been received and the Hearings would be continued from
time to time to provide the opportunity for everyone interested to participate. He proposed that discus -
sion on the subject at this meeting be terminated at 11:00 o'clock p.m. and it was so ordered.
On request, Mr. Johnson, Planning Director, explained the action of the Board as set forth in its letter
of September 5, 1972, and its Resolution No. 798, recommending approval of the petition, with a modifi-
cation substituting "R -4 -PD" zoning in place of "R -5 -PD" on Area "J" as described on the exhibit map.
He said the existing zoning would accommodate a dwelling unit range from approximately 6790 to 8435;
the proposed zoning under the same rigid disciplines would accommodate approximately 8261 to 10,395
dwelling units, and pointed out, whether the proposed zoning should be approved or the existing zoning
retained, the development would involve from 7,000 to 10,000 units. The proposal would add about thirty -
seven acres of "C -M -PD" not included in the present zoning, which indicated about twice as much commercial
zoning as proposed in the "C -1" and "C -2" categories with the "PD" overlay. The existing zoning included
537 acres in residential categories and the proposal covered 554 acres in these zones. He said the two
zoning patterns were essentially similar, the proposal calling for broader variety and permitting higher
dwelling unit densities, with the differences hardly discernible in the effects on external influences
on the Island. He said the plan had been recommended to the Planning Board by the staff and he would
recommend it to the Council; the uses as proposed by the plan were a good compromise solution, pointing
out the problem was one of goals as to what was wanted for Bay Farm Island and how this could be deter-
mined. He said only ten percent of the land area was in public streets, ten percent in public parks or
open spaces and another twenty percent in private open space; the circulation pattern had been evolved
over a period of time to try to minimize four -way intersections and at the same time provide adequate
vehicle circulation.
Mr. Johnson said there were two small commercial areas and he would like to keep open the easterly
location to emphasize and to create an opportunity for the Council to do something with what might become
Golf Course property. He said the location of the school sites was fixed, they had been approved by the
State Departments of Aeronautics and of School House Planning within the Division of Architecture, and
they could not be substantially changed. He said some features had been added at staff request, such
as a deep water marina and the lagoon element followed the street circulation. He said the big argument
against the development seemed to be that the housing was in semi - institutional form; however, he stated
the form provided a great many amenities not possible in traditional forms and this was a very important
point, that traditional forms of single - family detached or apartment houses in blocks and on lots would
not be as beneficial under most considerations, either to the City or to the eventual occupants. He said
the plan was bold and sophisticated and possibly too much so; it was a thorough and well- researched
attempt to attain a comprehensive solution to a very broad range of desires and goals, both now and in
the far - ranging future.
On request, Mr. Cunningham stated the issue before the Council was to approve, modify or disapprove the
report and findings of the Planning Board. In view of the statement that no action would be taken at
this meeting, an ordinance had not been listed on the agenda for introduction.
On the call for proponents, Mr. Ron Cowan, 2981 Northwood Drive, President of Doric Development, Inc.,
stated each of the members of the Harbor Bay Isle consultant teams would address the Council as the
people responsible for the plan which Doric and Utah International, Inc., were offering to the City as a
way of utilizing the empty land area on Bay Farm Island. He said they had collectively come up with an
environmental impact report on the project which answered the spirit and the letter of the California
Environmental Quality Act and the interpretation of the Supreme Court's recent decision. He said it had
been the consensus of the group, with the guidance of the City Department Heads and the General Plan,
that a development consisting primarily of clustered, nominally- priced, owner - occupied homes with a very
high percentage of land devoted to open space and amenities in the form of landscaping, parks and natural
areas would best meet the criteria of beneficial design and economic viability. He said Dr. Joel
Gustafson should receive a special vote of thanks for his vision of the development that it should not
merely avoid disruption of the Bay environment but should actually bring about an improvement in the
natural conditions. After brief further remarks, he presented Dr. Gustafson.
Dr. Gustafson, President of Resources & Ecology Projects, Inc., said he had fought the filling of Bay
Farm Island and he now found himself in the unusual position of trying to reclaim as much for nature
as possible. He submitted a summary statement of the salient features of the Environmental Impact
Report, included in a large document covering the various studies, and read a prepared statement con-
cerning (1) an environmental study of Bay Farm Island, (2) an evaluation of the environmental impact
of the proposed project and (3) a summary report of the technical studies which in all respects
satisfied the requirements of the Environmental Quality Act of 1970 - Division 13 of the California
Public Resources. Code, and his activity in development of the plan in these respects.
Dr. Gustafson then introduced Mr. James Keith, Vice President of John A. Blume & Associates, Engineers.
Mr. Keith presented a summary of the firm's May 1972 Report evaluating the earth sciences aspects of
the Harbor Bay Isle development. He concluded that the seismic risk at the site was no greater than
in other areas in Alameda, that the present fill on the site was more stable than the usual hydraulic
fill and the present measures being taken would adequately provide for future differential settlements
and would provide a seismically satisfactory site where the personal injury risk from earthquakes was
essentially nil, and the economic risks from earthquakes were reasonable.
Mr. Keith then introduced Mr. Calvin M. Jones of Jones - Tillson & Associates, Civil Engineers, who
distributed to the Councilmen a statement and a land use map for the project. He said he believed
the proposal was the best which could actually be achieved and an excellent solution to the use of
the undeveloped lands of Bay Farm Island. He explained various engineering aspects of the proposed
development.
Certain questions were raised by President La Croix with regard to the adequacy of the East Bay Muni-
cipal Utility District lines to serve the project, the reduction of solid waste quantities and the
environmental impact on the total City of Alameda because of increased automobile traffic, with
comments by Messrs. Hanna, Jones and Gustafson.
Mr. Jones introduced Dr. Maurice A. Garbell, Aerodynamics Engineer, Meteorologist and Airport and Air
Traffic Control Engineer. He submitted an abstract concerning aircraft noise emanating from the
Oakland International Airport. He said the proposed rezoning would control (1) the protection of the
living environment of the present and future residents of all of the City and (2) the present and
foreseeable future development of the Oakland International Airport. He said the proposed change in
zoning was necessary and sufficient to protect the interests of the citizens of Alameda and the City
as a whole and was deemed to be necessary so that the residential dwellings on the Island could be
constructed with adequate sound control features to make interior living comfortable and so shaped
and so arranged to adequately protect outdoor areas of significant size and that bounceback or rico-
cheting sounds between buildings could be reduced to insignificant proportions which the existing
zoning would not provide. He said, regardless of zoning, the proposed development area, the existing
Bay Farm Island residential area and the eastern half of the insular portion of the City would be
affected equally by the planned expansion of the Airport. He said Harbor Bay Isle Associates was
constructing an experimental model - residence as a full -scale laboratory at a noise- exposed site on
Bay Farm Island to study the problem, and a joint effort was being made by the developer and the
City to translate existing knowledge, plus experimental findings from the laboratory house into a
practicable set of building standards to which all new residential developments on Bay Farm Island
would adhere. Dr. Garbell submitted that, assuming that the Airport would be operated in accordance
with nationally adopted and accepted policies to which every other airport subscribed, granting the
subject application for rezoning would beneficially establish conditions which would facilitate and
contribute to the expansion of the Airport activities as a regional airport and at the same time
would redound to the well -being and prosperity of the City of Alameda and the entire East Bay Area.
There was an exchange of questions and answers with the Councilmen and Dr. Garbell.
Dr. Garbell then introduced Mr. Frank Fargo of Wainwright & Ramsey, Inc., Consultants on Municipal
Finance, who submitted a summary of benefits to the City from the proposed development and pointed
out revenues from the project to the City would exceed costs to serve by more than three to one,
after the fire station, branch library and parks had been completed and paid for. He commented that
the new park areas would double the City's existing park system acreage and the excess revenue could
buy needed capital improvements in the General Plan and still allow reduction in the tax rate. He
submitted comparisons of the City at the present time, Harbor Bay Isle as planned and the City con-
taining the new development.
Mr. Fargo introduced Dr. David Shapiro, School Finance and Planning Consultant, who distributed a
resume of the benefits to the Alameda Unified School District from the proposed development, focusing
on the factors of revenue and expenditures, potential benefit to the community and density, enroll-
ment and facilities. He said the independent conclusions had shown that Harbor Bay Isle would be of
significant benefit to the District, with a reasonable balance in density, adequate provision for
schools and, most important, with financial advantages urgently needed for District -wide projects,
such as earthquake -safe schools.
At the conclusion of the presentation, there were questions by the Councilmen, with information by
Dr. Shapiro.
At this time, at the suggestion of Mr. Cowan, the President called for adjournment of the Hearing
for this meeting, to continue at the regular meeting of the Council on November 7, 1972.
There was some discussion with regard to the fact that November 7 was the date of the General Election
and the Airport Land Use Commission would meet the following evening. It was determined that the
Council would not meet on November 7 but would hold an adjourned regular session on Thursday, Novem-
ber 9, 1972, at 7:30 o'clock p.m., at which time the Hearing on the Harbor Bay Isle petition would
be continued.
A ten - minute recess was called. Upon reconvening, the Council proceeded with the regular order of
business.
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REPORTS AND RECOMMENDATIONS:
29.£ From the Planning Board, signed by the Secretary, recommending approval of Parcel Map No. 820,
subject to terms and conditions of the City Engineer's Report dated September 1, 1972, and certain
specific exceptions as noted. This covered division of an existing three -unit apartment building at
2067 Clinton Avenue into a condominium.
Upon question, Mr. Hanna stated all requirements of the Engineering Department had been met.
Councilman McCall moved the recommendation of the Board in this matter be approved. Councilman Longaker
seconded the motion which on roll call carried unanimously. The matter was referred to "Resolutions ".
30.7 From the City Manager, submitting for approval the Final Map for Tract 3391, a condominium sub-
division by D. B. Bitner Co., Inc., at 2426 Lincoln Avenue.
Mr. Hanna stated the requirements of the Tentative Map and of the Engineering Department had been met
in this connection.
Councilman McCall moved the recommendation be adopted. Councilman Longaker seconded the motion which on
roll call carried unanimously. The matter was referred to "Resolutions ".
31.I From the City Manager, reporting all work satisfactorily completed on the project of the Woodstock
Park Picnic Area Improvement, recommending it be accepted and the Notice of Completion be ordered filed.
Councilman Longaker moved the recommendation be followed, that the work on the specified project be
accepted and the Notice of Completion be filed. Councilman Levy seconded the motion which on roll call
carried by the following vote. Ayes: Five. Noes: None. Absent: None.
UNFINISHED BUSINESS:
32. President La Croix inquired as to the status of the proposed ordinance on a unit tax, by which the
City would possibly be in a position of assessing a bedroom tax on all units built in the City, to
replace the ordinance providing for land dedication for recreational purposes or in lieu fee, which had
been referred back to the Planning Board and staff for study and revision.
Mr. Weller reported the staff work on the proposed document was essentially completed and there had been
several meetings with the Chamber of Commerce committee on the subject. It had been decided to consider
an ordinance establishing a flat charge per dwelling unit and the City Attorney had drafted such an
ordinance for review with the Chamber committee. He anticipated that a recommendation would come to
the Council on the matter within the next two meetings.
33. /Councilman Longaker brought up the complaint of a citizen with regard to traffic m
Bay Farm Island Bridge. He said he had inspected the area and there was unquestionably caproblem ofe
cars coming off the Bridge at a fast rate.
In discussion, Mr. Weller expressed the thinking that posting lower speed limits well back, possibly at
the City limits or farther back on Doolittle Drive, might be of help in correcting the problem, or
installing speed reduction signs.
The City Engineer was requested to pursue the matter with the State Division of Highways.
34. Councilman McCall inquired of the City Engineer if there was any way of quieting down the Bay Farm
Island Bridge, on which rubber tires crossing the grillwork became very noisy, due to change in the
prevailing winds.
RESOLUTIONS:
35. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7987
Authorizing Execution of Agreement for Construction and Completion of
Improvements in Connection with Parcel Map No. 820 and Approving Faithful
Performance Bond as to Sufficiency in Lieu of Surety Performance Bond
(A Division into Condominiums of Property at 2067 Clinton Avenue -
Alfred Favro)."
The motion to adopt said resolution was seconded by Councilman Longaker and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
36. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7988
Approving Parcel Map No. 820 for Division Into Condominiums of Property
at 2067 Clinton Avenue, and Permitting Recording Thereof (Alfred Favro)."
The motion to adopt said resolution was seconded by Councilman Fore and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
37. The following resolution was introduced by Councilman Levy, who moved its adoption:
"Resolution No. 7989
Authorizing Execution of Agreement with County of Alameda Providing
for Processing of Motor Vehicle Violations Citations."
The motion to adopt said resolution was seconded by Councilman Fore and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
In reply to a question by Councilman Longaker, Mr. Weller stated it was felt that some fines should
be increased, that this would have to be worked out with the Municipal Judge and an official resolution
or letter would undoubtedly be requested from the City.
Councilman Longaker proposed that such action be taken at the proper time.
38. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7990
Authorizing Execution of Cooperative Agreement with State of California
Relating to Installation of Traffic Control Signal System and Safety
Lighting at Intersection of Oak Street with State Highway Route 61
(Encinal Avenue)."
The motion to adopt said resolution was seconded by Councilman Longaker and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
39. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7991
Approving Final Map of Condominium Subdivision Known as Tract 3391, Authorizing
Execution of Agreement for Construction of Public Improvements Therein, and
Approving Cash Deposit as to Sufficiency in Lieu of Surety Performance Bond
(2426 Lincoln Avenue - D. B. Bitner Co., Inc., Subdivider)."
The motion to adopt said resolution was seconded by Councilman Longaker and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
40. VThe following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7992
Declaring Intention to Assign Fiscal Year 1972 -1973 TOPICS Allocations to
County of Alameda."
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.
41. \/ The following resolution was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7993
Approving Warrant No. 184 of Board of Trustees of Reclamation District
No. 2105."
The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll
call vote. Ayes: Four. Noes: President La Croix, (1). Absent: None.
The President declared the foregoing resolutions adopted.
ORDINANCES FOR PASSAGE:
42.V "Ordinance No. 1678,
New Series
Authorizing Sale of Certain City -Owned Real Property to Housing Authority
of the City of Alameda (Vicinity Atlantic Avenue and Main Street - 0.5167
Acres )."
Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman
Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
BILLS:
43. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total
amount of $64,986.49, 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
October 3, 1972, 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.
4J
ORAL COMMUNICATIONS, GENERAL:
44. Councilman McCall said he had noticed with interest that the Pacific Gas & Electric Company had
applied for an increase of 22% in the wholesale rate of electricity, and he hoped the City Council
would be kept fully informed by the City Manager relative to any negotiations the City might have with
that Company. He said he had noted that only five cities in the Northern California Electrical
Association were affected and the others could be in trouble.
Mr. Weller gave a complete explanation of the matter.
FILING:
45. Report of Superintendent of Streets re Clay Street Street - Lighting Improvement District.
46. Agreement - Between City and Alfred Favro - re Parcel Map No. 820.
47. Agreement - Between City and County - re Processing of Motor Vehicle Violations Citations.
48. Agreement - Between City and State - re Installation of Traffic Control Signal System and Safety
Lighting at Oak Street and Encinal Avenue.
49. Agreement - Between City and D. B. Bitner Co., Inc. - re Final Map for Tract 3391.
50. Financial and Operating Report - Bureau of Electricity as of July 31, 1972 - Verified by George A.
Hackleman.
ADJOURNMENT:
51. There being no further business to come before the meeting, the Council adjourned, to assemble in
adjourned regular meeting on Tuesday, October 24, 1972, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk