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1972-04-18 Regular CC Minutes37 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY APRIL 18, 1972 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman Longaker and was followed by an inspiring Invocation delivered by The Reverend Milton L. Gire, Pastor of the First Baptist Church, who was commended and thanked for his excellent chairmanship of the Second Annual Mayor's Prayer Breakfast which had been sponsored by the Kiwanis Club. 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 April 4, 1972, were approved as transcribed. WRITTEN COMMUNICATIONS: 2.'f From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrant No. 182 in the amount of $185,000 to replenish the revolving fund. The matter was referred to "Resolutions ". 3. From Mr. Charles A. Tillman, 2415 Roosevelt Drive, suggesting that City crews rebuild the South Golf Course. President La Croix said Mr. Tillman, who could not be present this evening, had indicated in a telephone conversation that he merely wanted to submit his proposal for the record. The communication was referred to the file on the subject. 4. From Citizens Against Proposition A, signed by Mr. Don Perata, Co- Chairman, requesting the oppor- tunity to appear before the Council to present its position of opposition to the Southern Crossing. President La Croix pointed out the City Council was on record in opposition to the proposed Crossing and, although he felt the Council should not enter into an open forum on the subject at this meeting, he had indicated he would recognize Mr. Perata for a short presentation. Mr. Perata, 1608 Alameda Avenue, said it was not the intention of the Citizens Against Proposition A to create an open hearing on the subject as the Council was well aware of the facts. He made a strong plea that the dissenting members of the Council reconsider the proposed bridge from a viewpoint going beyond considerations of the next few years with respect to the undesirable trends which would be brought about in the community and set forth the thinking of his organization in opposition to the proposal. Mr. Perata said he believed a unanimous position of opposition by the City Council would have solid effects, not only within Alameda but within the Bay community as a whole, and he hoped true representation on the part of the Council would militate toward a unanimous vote. He expressed the request of "CAPA" that the Council would reconsider its position and formally disapprove of the proposed Crossing. President La Croix thanked Mr. Perata for his remarks and said he had reiterated most of the points made by the Council in opposing the proposed structure. He said if any member of the Council at any time wished to change his position the matter would be given consideration. Councilman Fore protested any discussion of the matter as it would be on the ballot for the June 6 Primary Election and he considered the subject a political issue. 5. From Mrs. Frances Miller, 1415 Fourth Street, on the subject of the proposed revision of the Bicycle Ordinance. President La Croix said the communication would be referred to the later consideration of passage of the Ordinance. 6. V/ From Airport Land Use Commission of Alameda County, signed by Mr. William H. Fraley, Administrative Officer, with regard to the shopping center proposed by the Bay View Development Company at the northwest corner of Mecartney and County Roads. The President stated City representatives had appeared before the Commission the previous Wednesday evening. He said the Commission had no jurisdiction over the way the City Council might wish to zone or allow development of Bay Farm Island, and suggested the letter be accepted and referred to the file on the subject. It was so ordered. ORAL COMMUNICATIONS, AGENDA: 7.' ` Mrs. Helen Freeman, 831 Laurel Street, inquired if the Council, in approving Warrant No. 182 of the Bay Farm Island Reclamation District No. 2105, would also approve the bond which was mandatory in connec- tion therewith. City Attorney Cunningham stated such approval would not be given by action called for on the agenda for this meeting, that the action was to replenish the revolving fund, which had been held by the Attorney General, former City Attorneys and himself to be an administrative act required under the Water Code and, if not taken, presumably enforceable in Court by Writ of Mandate. Mrs. Freeman requested that she be permitted to receive any opinions contrary to the mandatory provi- sion and it was asked that the City Attorney make this information available to Mrs. Freeman. 8. Mr. Bob Leach, 615 Waterfall Isle, requested that he be permitted to speak under "Ordinances for Passage No. 1 ". 9. Miss Joan Narahara, 106 Garden Road, requested the opportunity to speak on Resolution No. 2. 10. Mr. Rich Lambie, 2820 Marina Drive, asked to speak on the Bicycle Ordinance revision, on the agenda for adoption. 11. Mrs. Blanche Cervelli, 542 Taylor Avenue, asked to speak on the proposed Bicycle Ordinance revision. 12. Mr. Randall Miller, 1415 Fourth Street, asked to be permitted to speak on "Ordinance for Passage No 1 13. Mrs. Inez Kapellas, 1128 College Avenue, asked to be permitted to speak under "Unfinished Business ". 14. Mr. Russ Aubry, 1317 Bellfair Drive, Pinole, requested the opportunity to speak under "Intro- duction of Ordinances No. 1 ". REPORTS AND RECOMMENDATIONS: 15. From the Mayor, City Manager and Auditor, submitting their report on the Count of Money held February 16, 1972, indicating the sum of $9,754,302.24 in the City Treasury at that time. The report was noted and ordered filed. 16. From the City Manager, recommending contract be awarded to McGuire and Hester, low bidder, for the project of Resurfacing Various Streets at the estimated price of $30,961.63. Councilman Longaker moved the recommendation be accepted, that the contract be awarded to the desig- nated contractor for the specified project at the price quoted. The motion was seconded by Council- man Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 17. ,//From the City Manager, reporting all work satisfactorily completed on the project of Culvert Removal at Mound and Van Buren Streets, recommending it be accepted and the Notice of Completion be ordered filed. Councilman McCall moved the recommendation be followed, that the work on the designated project be accepted as satisfactorily completed and the Notice of Completion be filed. The motion was seconded by Councilman Longaker and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 18. ." From the Planning Board, signed by the Secretary, recommending approval of the Tentative Map for the subdivision known as Tract 3390, subject to the terms and conditions of the City;Engineer's Report dated April 6, 1972, with specific exceptions to the parking requirement of one and one -half to one and to the land dedication requirement. The Map had been filed by Jones- Tillson and Associates for the St. Francis Development Company on a condominium subdivision of an existing apartment dwelling at 2137 Otis Drive. Councilman McCall moved the recommendation of the Board be adopted, that the Tentative Map on said Tract be approved, subject to the terms and conditions of the City Engineer's Report dated April 6, 1972, and the specific exceptions noted. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 19. Mrs. Kapellas, who had requested the opportunity to speak, said in the past there had been many meetings in the Council Chamber concerning growth of the City. She said she had kept quiet in the hope that the growth would stop and that when people said they did not want any further growth such as townhouses, condominiums, apartments, et cetera, the Council would listen. She expressed the opinion that there was something wrong with the Council's thinking in repeatedly allowing this type of congested building in the City, that there were ordinances and zoning laws to be upheld and the Council should listen more closely to the wishes of the people rather than to the money interests. She claimed the trend in construction was causing chaotic living conditions which would bring about dissent and unrest and would call for more schools and additional fire and police services, all at additional expense to the taxpayers, which she said she could not afford. Councilman Fore said as long as he had been a member of the Council, he had contended there should be more industry in the City to bear some of the tax burden and spare the homeowner, but the community discouraged industry. President La Croix pointed out the action taken at this meeting was not authorization to build addi- tional units in the City but to convert the multiple dwelling from an apartment ownership to a condominium setup. He said he advocated and would like to see more of the condominium concept as it brought homeowners into the City and tended to cut down the transient type of dweller to which Mrs. Kapellas had referred. He said the City had a suggested General Plan on which it would be moving forward with as much control as possible. There was no way of getting away from the fact that Bay Farm Island would be developed, hopefully with a minimum amount of density, the Del Monte property on the north side of the City would be developed with townhouse, apartment -type dwellings, and the only way in which this would not take place would be if the City Council, through a referendum he believed, were to say there would be no growth at all in the City of Alameda, which he felt was totally unrealistic. He said people were continually moving into the City because of the services provided which, through proper planning and good administration, the City would continue to provide. He pointed out that in recent months the City Council had down -zoned property in a number of instances; he shared the views of a majority of citizens that the City must have as much control as possible for proper development but did not share the opinion of a few that there should be no growth whatsoever. Councilman Fore said Del Monte Corporation had no choice but to go to multiple residential development because of the position of the Council, the Chamber of Commerce and the General Plan that there was no place for industry in Alameda. He said if the attitude continued there would be no industry at all in the City, including his own Company. President La Croix pointed out if the Naval Air Station were not located in Alameda, the City would have one of the finest ports for container loading in the Bay Area. He commented on the problem of depth level in the Estuary in connection with ships passing over the Tubes and the fact that the City could not afford the trucking thoroughfares and throughways demanded by heavy industry. He said he would like to see light industry in the City and, hopefully, with the land use map this might be developed even on Bay Farm Island. He remarked that the City had been called a bedroom community; this was primarily true and most of the citizens would like to preserve this aspect. Councilman Fore expressed the opinion that heavy industry should be encouraged in the City of Alameda. RESOLUTIONS: 20. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7905 Requesting Accumulation of City's 1971 -72 and 1972 -73 Apportioned TOPICS Funds." 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. 21.y. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7906 Approving Warrant No. 182 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, Jr., (1). Absent: None. < Miss Joan Narahara, who had requested the opportunity to speak at this time, requested clarification on the relationship between the District and the City. Mr. Cunningham explained the District was formed by a vote of the majority property owners, its formation was authorized under State law, with its activities governed by State law, and there were certain aspects of its operation, such as the one under consideration, which required the City Council to approve warrants duly authorized by the District. He said the City did not have the power nor any obligation with respect to the bonds except to act as a fiscal agent upon their issuance. He said the subject was a complex one and he would be glad to review it further with Miss Narahara if she would call at his office. 22. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7907 Amending Salary Resolution No. 7806 by Creating One (1) Additional Position of Police Captain; by Creating Six (6) Additional Positions of Police Sergeant; and by Deleting Four (4) Positions of Police Officer." 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. The City Manager explained the intent was that ultimately there would be two Captain positions. Upon retirement of the present Deputy Chief the position would be deleted and replaced by the classification of Captain. He said there would be no immediate effect on the Pension Fund as the salary range for the two positions was the same. 23. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7908 Adopting Specifications, Special Provisions and Plans for Reconstruction of Broadway from Encinal Avenue to Blanding Avenue, 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: Five. Noes: None. Absent: None. Mr. Hanna stated the work on this project would start in about six weeks. 40t, 24. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7909 Adopting Specifications, Special Provisions and Plans for Woodstock Park Picnic Area Improvement, 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. 25. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7910 Adopting Specifications, Special Provisions and Plans for Installation of Ball Field Lighting at Woodstock Park, 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. It was pointed out for the information of the audience that a good portion of the work on these two projects would be accomplished through State aid. 26. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7911 Declaring Intention to Order Vacation of Portion of Harrison Avenue, a Public Street in the City of Alameda; Referring to a Certain Map for Particulars Thereof; Fixing Time and Place for Hearing Thereon; and Ordering Publication and Posting of Notices of Said Proposed Vacation (Northerly Terminus of Broadway)." 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. 27. "Resolution No. Approving Federal -Aid Urban Highway System (State Route 61 Connection)." It was stated this resolution would be held over for further information and would be on the agenda for the next regular meeting of the Council on May 2, 1972. 28. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7912 Approving Final Map of Condominium Subdivision Known as Tract 3390, Authorizing Execution of Agreement for Construction of Public Improve - mends Therein, and Approving Faithful Performance Bond as to Sufficiency (2137 Otis Drive - St. Francis Development Company, Subdivider)." 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. 29. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7913 Authorizing Refund of Excess Charges for Engineering Services($420.16 - Lindsey, Gallagher and Willett)." The motion to adopt said resolution was seconded by Councilman Longaker. President La Croix explained the four per cent criterion for service charges had been exceeded in this case and the City Engineer and the City Attorney had agreed there had been an overcharge. Mr. Weller suggested the Council might wish the staff to review the Municipal Code provision involved to determine if there should be some modification. He said he felt in the instance involved the full charge was appropriate, that the City was limited by the provisions of the Ordinance and he was of the opinion that in cases where the charges were excessive in terms of the present Ordinance, possibly the restriction should be modified or removed. Mr. Cunningham read Section 11- 3132(c) of the Code (Subdivision Ordinance) that "all reasonable office and engineering costs expended by the City Engineer's office in connection with checking the improve- ment plans and specifications and Final Map, and doing work associated with the construction of improvements shall be paid for by the subdivider who shall be billed monthly for said services and expenses and shall pay all of said costs before the City Engineer will affix his signature to the certificate on the Final Map; provided, however, that the City Engineer shall deliver to the subdivider, a reasonable time schedule relating to the time of construction of said improvements; should said time schedule be adhered to by the subdivider, then, and in that event, said office and engineering costs 40 shall not exceed four per cent of the actual cost of improvements as attested by a certificate of the subdivider as to said actual cost of improvements." There was some discussion with regard to possible changes in the pertinent Code provisions. The City Manager was requested to submit to the Council a proposed revision of the Ordinance which would be more equitable to the City. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman Fore, (1). Absent: None. UNFINISHED BUSINESS: 30. President La Croix requested that the meeting return to "Unfinished Business" with regard to the question raised at the last meeting by Mrs. Lee -Ann Lane on the subject of the Bay Area Air Pollution Control District's recent correspondence concerning amendments to its Regulation No. 2 establishing permit requirements. He called attention to a communication from the District dated April 13, 1972, stating May 19 had been set as the date for public hearing on the amendments. President La Croix stated he had discussed the matter with the City Attorney and the City would cooperate in every way, once the Regulation had become law, and be controlled by the restrictions of the District, which would be the controlling agency. INTRODUCTION OF ORDINANCES: 31. y "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 14 -4115 Thereof, Relating to the Regulation of Gasoline, Benzine, and Flammable Liquid Dispensing Devices." Mr. Russ Aubry, who had requested the opportunity to speak, came forward and said he was a representative of Phillips Petroleum Company. He had not had an opportunity to read the proposed Ordinance but said he would like to hear any discussion on the matter and be permitted to speak in rebuttal, if he wished to do so. He was informed that the Ordinance was simply on the agenda for introduction this evening and it would come up for adoption at the next regular meeting of the Council on May 2. Mr. Cunningham said Mr. Aubry, Captain Quarante of the Fire Department and he had discussed the proposed amendment and the position of each was understood very clearly. He said Mr. Aubry knew the contents of the new Ordinance and he had an objection to it and obviously should be permitted to present his case. He said he felt the City position in the matter might better be explained by a member of the Fire Depart- ment at the time the Ordinance was up for final passage and Mr. Aubry should be allowed the opportunity for rebuttal at that time. It was suggested that Mr. Aubry acquire a copy of the proposed Ordinance from the City Attorney and, should he so desire, submit a communication to the Council on the subject or appear at the next meeting. On question by Councilman Longaker, Mr. Aubry explained that he had a self- service station and a full - service station in the City and he had requested of the Fire Department permission to switch one of his stations to a split island operation so that one island would be self - service and the other full service. He had been informed that there was no ordinance to prevent nor to allow the operation, and he had been denied permission so to do. He explained the procedure he had followed in this connection. Mr. Cunningham stated there were no combined operations of the type Mr. Aubry mentioned in the City because of provisions of the existing Ordinance. The proposed Ordinance would clarify the interpretation pertinent to this type of operation. Councilman Longaker moved the ordinance be introduced, after which it would be laid over under provision of law and the Charter. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 32. '`' "Ordinance No. 1665, New Series Amending the Alameda Municipal Code by Repealing Chapter 3 of Title VII Thereof; and Adding a New Chapter 3 to Title VII thereof, Consisting of Articles 1 Through 6, Sections 7 -311 Through 7 -361, Regulating the Operation, Registration, Licensing, Purchase and Sale of Bicycles. President La Croix stated a communication had been received from Police Chief Young in accordance with the request of the Council for information on the Department's thinking with regard to riding bicycles on the sidewalk. Chief Young had reiterated a strong desire to have the Ordinance passed as originally proposed, allowing bicycle riders to ride on the sidewalk in areas of the City as designated and prohibit- ing this in school and commercial districts. He said a great deal of correspondence had been received by the members of the Council on the matter and lengthy discussions had been held at previous meetings. He asked in recognizing those who had requested the opportunity to speak that remarks be kept to the subject. Mr. Bob Leach came forward and said he felt an ordinance prohibiting adults from riding on the sidewalk would serve as a deterrent to the current trend of older persons riding bicycles and from ecological and health standpoints the Council should encourage bicycle riding with consideration of the hazards of riding in the street. 402 Mr. Rich Lambie presented to the City Clerk a petition signed by 451 persons in favor of an ordinance allowing bicycles to be ridden on public sidewalks, with exceptions in designated commercial areas. He said in circulating the petition he had gained varying views and ideas on the proposed Ordinance, particularly with regard to riding on the sidewalk. He requested that the Council support the pro- posed Ordinance or take action to insure safety to the bicycle rider. Mrs. Blanche Cervelli, 542 Taylor Avenue, said she still felt that the sidewalks of the City should be safe for pedestrians to walk on and that the Ordinance as proposed should not be passed. President La Croix said he felt the Ordinance should be passed as drafted and that what confronted the City was a need for thorough education in bicycle riding with parental guidance included for young riders. He suggested that the City Manager contact the Schwinn Bicycle Company, which had issued a booklet containing rules of the road which would undoubtedly be in conformity with almost any ordinance a city would have on the subject, and possibly the Company would be interested, in view of the great volume of bicycle sales, in putting forth a community effort to assist in the educational program. He said he believed the proposed Ordinance would give the Police Department a real opportunity to police the situation. Councilman Longaker said he felt, regardless of any ordinance which might be passed, there would never be any guarantee that there would not be accidents involving bicycles but, as he had said in previous discussions on this subject, the answer to the problem undoubtedly lay in education. He suggested that a real educational campaign be undertaken in conjunction with the Police Department and the School Department. Councilman Longaker then moved the Ordinance be passed as submitted. The motion was seconded by Coun- cilman Fore. Speaking on the question, Councilman McCall said he was completely opposed to the section of the pro- posed Ordinance regarding riding bicycles on sidewalks, that passage of the Ordinance was "giving a license to kill ". He commented on several serious violations he had seen by bicycles riding on the sidewalk at night and pointed out that according to a bulletin issued by the State Highway Patrol the cyclist had the same responsibility as the pedestrian or the driver of a motor vehicle. He said he would go along with the Ordinance if he could be guaranteed that an educational program would be started immediately in conjunction with the School Department but he felt this would not be possible in today's' world. Mr. Randall Miller, whose wife had submitted a communication on the subject and who had requested that he be allowed to speak, came forward. He expressed his thinking on the matter and suggested that a "Bicycle Safety Day" or "Week" be declared by the Council in the City schools and that art periods be devoted to making bicycle safety posters, accompanied by discussions on the subject in the schools. This would be something which would reach the adult members of the community as well. President La Croix suggested that the young people in the audience investigate the possibility of having a Bicycle Safety Day or Week with their educators and then approach the City Council with regard to recognizing such a special event. Councilman Levy said he respected the thinking of Councilman McCall but he would take exception to his remark that permitting bicycle riding on the sidewalk was giving a license to kill. He said he felt this would not be true in any way, that in permitting people to ride bicycles with both riders and pedestrians using the Golden Rule of courtesy, there would be no problems. Councilman McCall inquired of the City Attorney, if the Ordinance were passed and someone was then hit by a bicycle rider on the sidewalk, whether the City of Alameda would be liable in a suit. Mr. Cunningham said this would not be true in his opinion, that it would depend on ordinary rules of civil negligence, as he saw it. He pointed out that if the Ordinance was adopted riding would not be permitted on sidewalks in business districts during business hours, in school areas or in pedestrian crosswalks, which last provision had been little noted in the discussion. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. President La Croix reiterated that the Council wanted very much to see the Police Department do as much as possible to enforce the Ordinance. He asked that the City Manager direct a communication to the Superintendent of Schools to see if there could be some cooperative effort through the School District and the Police Department to further the educational process on bicycle riding in the City. Mr. Weller said he would be glad to do so but he wished to comment that cyclists as a group were being demeaned and everyone seemed to feel that the problem was a safety campaign in conjunction with bicycling. He said he was much more concerned, as he felt the Police Department was also, with the operation of motor vehicles in the City and at least as concerned with the habits of foot traffic as with the cyclists. He said he felt it was a little out of focus to suggest that bicyclists were the only category under discussion; in speaking of courtesy, defensive driving, et cetera, the automobile driver and motorcyclists should be the subjects as well as pedestrians who jaywalk and walk against signals, even in crosswalks, et cetera. He said his opinion was that the general traffic habits of the people in the community were very poor and this was indicated by the records - the City ranked well below the average for cities in the same category on traffic accidents, and bicyclists were a very small part. He said he was not suggesting a massive safety program but he felt there should be some warning note sounded for automobile drivers and pedestrians, as well as bicycle riders. 33. "Ordinance No. 1666, New Series Authorizing Purchase of Real Property from State of California (Depart- ment of Public Works) for Sum of $28,210.00 (Vicinity of Posey Tube, Eleven Parcels)." Mr. Hanna, on request by Councilman McCall at the last meeting, reported that the Right -of -Way Agent for District IV, Division of Highways, had informed him the State was under the same obligation as the City of Alameda with regard to disposal of property; it is not permitted to give land awa y must be obtained and therefore it would not be possible to grant the property to the City sfor streets, although there was a process whereby the land could be granted to the City for park purposes. He said he had also checked with the League of California Cities and been informed that there was a provision by which the State might donate land if it was for the purpose of enhancing a freeway and it would be difficult to define the City's prospective use of the land in question in this way. It therefore seemed that there was no source of funds available for this purpose and certainly not in any reasonable period of time. Councilman Levy moved the ordinance be passed as submitted. The motion was seconded by d Y Council man On the question, Councilman McCall pointed out there were several other large and very ood parcels of land behind the Tube offered for sale by the State. He suggested the City might wish to acquire some of this land, or its development for industrial or light industrial use should be encouraged. He also remarked that there was considerable land owned by the County lying dormant in that area which was a terrible eyesore, and he felt the City had a responsibility to see that this area was beautified. President La Croix commented that the School Department had immediately had the signboards removed from its property with the exception of one, on which investigation was being made to determine the agency responsible. He said he understood the District was considering fencing the entire area, and Mr. Charles A. Briscoe, Assistant Superintendent of Schools, had assured him that the District was desirous of enhancing area. g Mr. Weller suggested it would be a good idea for the League of California Cities to sponsor legislation requiring or authorizing the State to grant title to any excess property it had acquired through a public agency if it was not possible to get reasonable value from the land. President La Croix suggested a letter to this effect be directed to Mr. Richard Carpenter, Executive Director and General Counsel for the League. The question was put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 34. `} President La Croix brought up the matter of an amendment requested by the Alameda County Criminal Justice Planning Board, of which he was the Chairman, in its Joint Powers Agreement to increase the number of members from five to nine. He said he had a copy of the Modification of Agreement to this eff requested that the Council give its approval to the proposed change by motion. ect and Councilman McCall moved that the Modification of Agreement be approved and authorization be given for th President to sign and the City Clerk to attest to the document. Councilman Levy seconded the motion the which on roll call vote carried unanimously. BILLS: 35. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $47,829.50, 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 18, 1972, 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: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 36. Mrs. Lee -Ann Lane, 1425 Union Street, said she had attended the meeting of the Airport Land Use Commission, and questioned the President on his statement with regard to the density of the proposed Bay Farm Island development. President La Croix stated he had expressed the hope that Bay Farm Island could be developed with as low a density as possible, that this was his position as a member of the City Council. He pointed out that the Council would determine what would be built on the Island. Mrs. Lane remarked, with regard to statements by Councilman Fore concerning industrial development in the City, that in a recent letter she had mentioned industrial land available in property adjacent to the Oakland International Airport and borrow pits of fifty -foot depths, which was leased to the Port of Oakland. She pointed out there was feeling among the airlines that they would like air cargo and suggested using the City - controlled land for an airport - related business. Mrs. Lane inquired what area was involved in the action of the Council requesting that the Oakland Airport be declared a noise nuisance, and how the noise from the Airport was to be effectively monitored as against the noise from other installations; also, was a suit to be filed against the F.A.A. in this connection. 404 President La Croix stated the enterneCditheoCit Alameda nowas jurisdiction involved except the this rightmatter. complaintInsofar as the Naval Air Station was concerned City and it had been found over the years tfacility trolresponded somefairly extentwell the attmting the noise factors. The City had been able to con San Francisco Airport. He said the main problem confronting the City at this time was the use of the old runway on Bay Farm Island as a and henhad sodstated had beforectheiRegionalsAidrport that Sy�stemsiStudy should not be permitted on this runway he Committee. He said he expected that DrNieandrthelCitylwaseinitheoprocessfoffattemptingatothave next meeting of the Airport Land Use Commission the Board of Supervisors of Alameda County admit there was a noise problem at the Oakland Airport. Mr. Cunningham stated the City would not take action Oakland n this onnect,o asnt the onoise namely the sole liability of the airport operator, Y a the F.A.A. He suggested that Mrs. Lane might talk to the sound engineers conducting the survey for the City, and Mrs. Lane said she would appreciate the opportunity of so doing. 37. V Mrs. Lane inquired if the City's position on the Bay Area Air Pollution Control District's amendments to Regulation No. 2 had full Council support. President La Croix said he felt everyone would adhere totally to the law as there had been no evidence of a negative opinion. 38. Mrs. Lane inquired if the Central Labor Council had been notified of the City's ordinance prohi- biting the posting of political signs. 39. Mrs. Lane inquired, in connectiolapidthwhol�ould the payRtheamnterestD1StShetwasnid 'nformed the thisland would should be undeveloped and left as raw be up to the owner of the land. but Councilman Fore informed Mrs. Lane th�tthe airline handledcargo bycarriers Company made addingmthatuthetcostswould were not yet set up to handle bulk cargo such as be prohibitive. 40.¢ Mrs. Kapellas brought up a question she had raised at a meeting some time previously with regard to the narrow streets on the South Shore Shopping Center, and inquired if anything had been done on the problem. s President La Croix said he had seen a plan Utah the changes hadninformed area himd that some thepeowou1dtbe were visible. He said Mr. A. E. Brandin, Utah's representative, some ;changes in the ingress and egress and the general aesthetics of the area. 41.' Mrs. Kapellas commented on the bicycle issue that elderly people were very discourteous to children on bicycles and when driving automobiles showed lack of consideration for others. 42. Mr. Frank Gottstein, 731 Haight Avenue, said, while he was against the Southern Crossing, he felt Councilman Fore was correct in objecting to the presentation on the issue. Mr. Gottstein spoke of the objection were now operating in surrounding cities industry tspg out formerly located in the City of Alameda which p twelve routes out of the City in the past and factethateasnewlFruetvaleoBridgeswasiunder that there had been no progress. He objected again construction whereas the City needed a bridge connecting it to Oakland in the area between Park and Webster Streets. Mr. Gottstein stated on the previous Friday night had been a gang fight in his neighborhood when four police cars had been on the scene 43. e/ Mr. Gottstein protested that there been filled with bitumin drain fppge thutter gutter i front was highehome, which was half-blocked because the gutters than the pipes coming into it. He said the com e lainedithataLincolnnandoSantasClaralAvenuescandaWebster in a new sidewalk and a sensible curb. p of and Eighth Streets had a cement gutter Haight fill bitumin. He these deficiencies. faulty drainage in his neighborhood, and requested comments from the Councilmen. 44. Mrs. Beverly Buhnerkempe, 1175 Island Drive, said the children she had encountered on bicycles of had not always been polite. She said she found �iolationsJoftthe bicycling, speaking as a motorist, a pedestrian and as a ordinance in relation thereto. She exheeBicdthe urtopinion playedthat aneducation importantwas partthe inetheoprogram�ing these conditions, and commented that the Bicycle Co 45. Mr. John Dos Santos, 457 Haight Avenue, criticized Councilman Fore for his statement that the Southern Crossing was a political issue stake andrheodidsnoticonsider this atpoliticaltissue. he felt the lives of children were 46. Mr. Dos Santos requested that the City Council adopt a resolution opposing the recent action of President Nixon in re- escalating the Vietnam W President La Croix said he felt the members City felt he could Council c not were preparedstohta take such ch, action except from an emotional viewpoint and he, personally, Mr. Dos Santos then requested that the Council pass a resolution to grant sanctuary to any member of the armed services who felt he could not longer serve. 405 President La Croix said he would have to decline as the Mayor of the City to comply with the request, or to open the subject for public hearing. Councilman McCall said he felt this request was politically motivated and he would object to taking any such action. Mr. Dos Santos said he was sorry the Council could not consider the lives which were being lost in Vietnam. Mr. Weller said, in clarification, that the general policy of the City Council in the past had been to take action on matters over which it had jurisdiction. Obviously, if it were to consistently take a position on matters over which it had no control there would be no limit to which it could go in this respect. He said the Council's policy had properly been to restrict its actions to those matters over which it had authority and responsibility to act. FILING: 47. Specifications No. PW 4-72-8 - Reconstruction of Broadway. 48. Specifications No. PW 1-72-1 - Woodstock Park Picnic Area Improvement. 49. Specifications No. PW 3-72-5 - Installation of Ball Field Lighting at Woodstock. 50. Financial Report - City of Alameda, as of March 31, 1972. 51. Agreement - Between St. Francis Development Company and City - In Connection with Tract 3390. MEMORIAL RESOLUTIONS: 52.i The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7914 Resolution of the Council of the City of Alameda in Memoriam to Hendrick W. (Bill) Mattsson, Retired Associate Civil Engineer. "IN A SPIRIT OF SORROW, the Council of the City of Alameda records the death of one of its former loyal employees, HENDRICK W. (BILL) MATTSSON. "WHEREAS, Mr. Mattsson had commenced his employment with the City of Alameda on March 20, 1952, as a Junior Civil Engineer, and had earned promotion to the position of Assistant Civil Engineer and then of Associate Civil Engineer on July 1, 1957, in which capacity he was serving at the time he was forced by ill health to retire on July 4, 1966; and "WHEREAS, Mr. Mattsson had been most conscientious and proficient in the perfor- mance of his work and popular with his fellow employees for his amiable personality and cooperative attitude. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda does hereby acknowledge with appreciation the reliable service rendered by this excellent and faithful employee during his years of City employ and does hereby express its sadness in his passing. "BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and a copy thereof be forwarded to the family of Mr. Mattsson to convey to its members sincere sympathy in their bereavement. "BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of HENDRICK W. (BILL) MATTSSON." 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. The President requested that all stand in a moment of silence in observance of the passing of Messrs. Hendrick W. (Bill) Mattsson, Retired Associate Civil Engineer, and Walter C. Lee, retired Assistant Labor Supervisor in the Park Department, who had passed away the previous evening. ADJOURNMENT: 53. There being no further business to come before the meeting, the Council adjourned in respect to the memory of HENDRICK W. (BILL) MATTSSON and WALTER C. LEE, to assemble in regular session on Tuesday, My 2, 1972, at 7:30 o'clock p.m. Respectfully submitted, -7 City Clerk