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1972-07-05 Regular CC Minutes441 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD WEDNESDAY JULY 5, 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 Leonard Deakins, Pastor of the Church of the Nazarene. 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 June 20, 1972, were approved as transcribed. 2. v President La Croix welcomed a number of students from the Senior Government college preparatory class of the Summer High School, with Mr. Ed Winberg as instructor. He said he had had the pleasure of addressing the group the previous week and had enjoyed the experience. WRITTEN COMMUNICATIONS: 3. 1'` From Theresa Jo Lundy, 109 Corpus Christi Road, with regard to cutting down the Washington Park trees. 4. From Susan E. Fuller, 110 Pensacola Road, urging that the Washington Park trees not be removed. President La Croix commented that the communications indicated the feelings of these two young people with regard to the proposed widening of Eighth Street and taking certain portions of Washington Park for the purpose. He said the matter was under study by the City Engineer and the Recreation Department. The letters were to be acknowledged with appreciation and referred to the file on the subject. 5. yl From Mr. Frank A. Gottstein, 731 Haight Avenue, with regard to the excavated basement in his dwelling at 839 Portola Avenue, stating the basement was in existence at the time he had purchased the property in 1957. This was in reply to an inquiry at the last regular meeting of the Council on June 20. The communication was acknowledged with appreciation. 6. From Judy R. Morton, 1515 -B Versailles Avenue, urging removal of billboards from the City. 7. From Douglas W. and Ann L. Taylor, 1001 Grand Street, urging enactment of sign control ordinances. The President said a new sign control ordinance had been proposed by the staff to the Planning Board and the matter would come before the Board again at its meeting of July 10, hopefully to be referred to the City Council for consideration. He expressed the hope that the staff recommendation for banning billboards in the City would be accepted. 8. From Dickey and Dickey, Attorneys, requesting that the Council take the necessary steps for abandon- ment of certain areas of Broadway and Pearl Street and sale of a certain parcel, as indicated on a drawing accompanying the communication, in connection with a proposed shopping center development at the north end of the City. Councilman Longaker moved the matter be referred to the City staff for review and report to the Council. Councilman Levy seconded the motion which on roll call carried unanimously. 9. v/ From Mrs. Joan L. Tousley, 2026 Central Avenue, requesting that the bicycle license fee be reduced to $1. President La Croix said he felt the $2 fee charged by the City for a lifetime license was extremely reasonable, particularly in view of the present -day cost of bicycles. He pointed out Mrs. Tousley had indicated she considered the revised Bicycle Ordinance, recently adopted, an improvement over the old regulations. ORAL COMMUNICATIONS, AGENDA: 10. Mr. Frank Gottstein, 731 Haight Avenue, commented on his letter and said the basement of his dwelling at 839 Portola Avenue appeared to have been excavated at the time of construction of the building about fifty years ago. He inquired as to which of the Councilmen had asked the question regarding the date of excavation, to which there was no reply. Mr. Gottstein complained again on the construction of a "second sidewalk" in front of his property on Portola Avenue. He said he had been approached about selling the property but did not wish to dispose of it, and he felt this was the reason he was experiencing trouble. He protested that the developer of the condominium project at the easterly end of Portola Avenue had been allowed many variances to ease his problems in connection with the development. ' Mr. Gottstein said the defeat of the Charter amendment measure to increase the compensation of the Councilmen on the June 6 ballot had given him a great deal of satisfaction. Councilman Levy inquired if Mr. Gottstein could construct a ramp and a garage on the subject property if he so wished. President La Croix suggested if this should be the intention Mr. Gottstein should apply for a Building Permit and at that time it would be determined what action should properly be taken on the application. 11. The President welcomed Mr. Ed Winberg, teacher of the Senior Government class in attendance, who arrived at the meeting at this time. HEARINGS: 12. 1/In the Matter of a Petition to Install Street Lighting Facilities on Clay Street between Pearl Street and the end of Clay Street, a distance of 272 feet. The Clerk stated there was on hand the Affidavit of Mailing of the required Notices in the matter. Upon request, City Engineer Hanna stated ten properties were involved and it had been requested that two modern street lights be installed. He said the petition process had been used in which all property owners on one side of the street and at least 60% on the other side had signed. It was now a matter of a more or less standard process of notifying the property owners to do the work and wait for sixty days, at which time the Superintendent of Streets would have jurisdiction and he would proceed to have the Bureau of Electricity install the lights. Upon determination of the cost another public hearing would be held before the City Council, at which time the residents could protest the amount of their share or any other aspect. He said the price had been estimated to be about $25 for eight of the properties and perhaps $50 for each of the remaining two participants. City Attorney Cunningham noted that this was the time and place noted by the Superintendent of Streets for the Council to hear and act upon any objections or protests raised by any affected property owner or other interested persons to the proposed work, authorized under Section 5870 and following of the Streets and Highways Code of California. Councilman McCall inquired if it had not been possible to get the property owners to agree to a pro rata basis without going through the hearing procedure. Mr. Hanna said he had endeavored to have the matter handled in this way but there had been some mis- understandings which had resulted in a great deal of hard feeling. On the call for protestants of the proposed action, there was no response. The Hearing was declared closed. There being no objections, the meeting proceeded to "Resolutions ". RESOLUTIONS: 13.V The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7957 Overruling Objections to Notice to Perform Work in Clay Street Street - Lighting Improvement District and Authorizing Superintendent of Streets to Cause Said Work to be Performed." The motion to adopt said resolution was seconded by Councilman Fore. Speaking on the question, Councilman McCall suggested the City Engineer might approach the property owners again regarding the facts involved in order to avoid another public hearing in the matter, if possible. Mr. Cunningham pointed out there would be sixty days' time in which the residents could indicate their willingness to participate without further formal action by the Council. The question was put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 14.J From the Mayor, City Manager and Auditor, submitting their report on the Count of Money held May 17, 1972, indicating the sum of $10,771,753.95 in the City Treasury at that time. The report was noted and ordered filed. 15. V "From the City Manager, reporting all work satisfactorily completed on the project of Recon- structing Central Avenue from Fourth Street to Webster Street, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Longaker moved the recommendation be followed, that work on the specified project be accepted and the Notice of Completion be filed. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16. From the City Manager, recommending the contract be awarded to Ransome Company, low bidder, for the project of Widening Third Street from Brush Street to Atlantic Avenue at the estimated price of $32,130.20. Councilman McCall moved the recommendation be accepted, that the contract be awarded to the designated company for the specified project at the price quoted. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 443 17.V From the Auditor- Assessor, submitting assessment values for the fiscal year ending June 30, 1973, indicating the gross taxable City roll at $143,855,090. Councilman Longaker moved the report be accepted. The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 18. Councilman Levy recalled that a sixty -day extension of time had been granted the Planning Board for consideration of the proposed Harbor Bay Isle project. He inquired if the various City Departments had been in a position to contribute some input on the proposal. President La Croix pointed out that questions raised by prople in attendance at the hearings on the subject and by members of the Planning Board would be submitted to the City staff through the City Manager for study and analysis and report to the Board. He said he had been informed this study was in progress and information would be available at the proper time. To a further question by Councilman Levy with regard to information from the Alameda Unified School District, President La Croix stated the Superin- tendent of Schools had indicated to him the District's study would not be available for presentation until about July 27. Upon question by Councilman Longaker, President La Croix said he understood the findings of the committee on the Bay Farm Island development on which Councilman Longaker and President La Croix had represented the City Council some time ago were being re- evaluated and questions were being raised with regard to the economics involving the School District, site locations, et cetera. NEW BUSINESS: 19. 'Councilman McCall said he had submitted to Utah International, Inc., seventeen questions with regard to the proposed Bay Farm Island development and until they had been answered he would be opposed to the project. He said most of the questions related to traffic and one of his big objections was to the pro- posed high school location at the Bay Farm Island Bridge, at one of the most heavily traveled intersections in the City at the present time or in years to come, with all the adverse factors prevailing at Encinal High School. He said he had inspected the model, which was beautiful, but it did not satisfy him in any way. He expressed the opinion that the General Plan for the City was being abrogated, and questioned the proposal for a shopping center at the north end of Broadway which he felt would "kill" the Park Street business district. He remarked also on the purchase of approximately eleven acres of land in connection with the proposed Del Monte project, with the City proposing to buy slightly more than one acre in the area of the Posey Tube. Councilman McCall questioned the indication of a ferry boat slip and a yacht harbor on City property in connection with the Harbor Bay Isle project. He said he had not participated in negotiations for such developments and no one had the authority to vote for him - he would cast his own vote. Councilman McCall called attention to a letter from Mrs. Elsie M. Bargones to the Planning Board, copies of which had been sent to the Councilmen, submitting questions with regard to traffic on Otis Drive and what could be anticipated in the future in this respect. He said unless the perimeter road through the Oakland Airport and a bridge at Broadway or Park Street were indicated on the Bay Farm Island plan he would oppose the project because of the traffic problems. 20. 7 Councilman McCall also remarked that the Silva property on Bay Farm Island was included in a ten - acre site set apart for a park by the Airport Land Use Commission, that the property had been in the same family for 92 years and a restriction had been put on the Silvas being able to sell their property, located next to the Braddock & Logan development and contiguous to the property on which the City had authorized development. He said a member of the family was present and she was very upset; he said he hoped there was some way in which this situation could be rectified for this family. He inquired if the City Attorney could comment on the subject. Mr. Cunningham pointed out the location of the property in question. He said the Alameda County Airport Land Use Commission, contrary to his objections, in adopting the Alameda County section of its General Plan, had put an agricultural zoning on the subject property. He suggested that the property owner attempt to have the Airport Land Use Commission, at its meeting on July 12, reverse or amend its interim airport land use plan to exclude her parcel from the agricultural classification. He explained further steps which should be taken, if the request should be denied, to bring the matter before the City Council for action, on which he would have a strong recommendation as he felt other members of the City staff would. He said this represented a maze of bureaucracy but it was the course the City and some of its residents now found to be necessary as a result of the action of the State - created County Airport Land Use Commission. President La Croix pointed out the City had not been involved in the action under discussion. He advised that the course of action suggested by the City Attorney would be proper and Mr. Cunningham would do everything possible to be of guidance in the situation. He thanked Councilman McCall for bringing the matter to the attention of the Council. President La Croix said, with respect to comments by Councilman McCall on the proposed Bay Farm Island development, that the hearings were progressing and he did not find himself at great variance with the statements made by Councilman McCall, that there were many questions as yet unresolved with regard to the project and, hopefully, the answers would be forthcoming, either positively or negatively, as far as the Planning Board was concerned. 21. Councilman McCall presented a pamphlet on a meeting of the Regional Airport Systems Study Committee, which he had chaired that afternoon as Vice - Chairman, with Senator John Tunney as a guest, relative to the Noise Pollution Control Act of 1972 - Senate Bill 3342. He said the Senator had accepted an amendment to the Bill from the Committee and had had the opportunity to listen to the discussion in which Council- man McCall had raised the noise factor and the Bay Farm Island development question. He said an Alameda Times -Star reporter had been present and he expected there would be an informative article in the newspaper on the meeting. He requested that the pamphlet be submitted to the staff for study as to the way this Bill would affect the City. If there should be any changes to be suggested Senator?Tunney had said he would welcome the information. President La Croix said he would pass the booklet on to the City Attorney for study. RESOLUTIONS: 22. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7958 Adopting Specifications, Special Provisions and Plans for Reconstruction of Santa Clara Avenue, Park Street to Versailles Avenue, 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. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 23. "Ordinance No. New Series An Ordinance Amending Section 15 -6210 of the Alameda Municipal Code, Relating to Rates for Collection of Garbage and Refuse." President La Croix stated the Auditor, in response to the Council's request, had submitted a critique on the proposed Ordinance and the request for increased rates had been found to be valid, based upon an excellent study made by the Auditing Department. He called for discussion on the subject. Mr. Randal F. Dickey, Jr., Attorney for the Alameda City Disposal, was called to the podium and Councilman Longaker inquired how it had been possible to rationalize with the Wage and Price Control Board on the rate increase of 42% which had been requested. Mr. Dickey said the garbage company was specifically excepted from wage and price control because of the fact that it employed fewer than sixty employees. He said the matter had been thoroughly researched. Mr. Cunningham concurred. Councilman McCall questioned Mr. Dickey with regard to statements in the Auditor's memorandum dated June 30, 1972. Mr. Dickey explained the operation and said he felt, as property owners, the stock- holders were entitled to a reasonable return from the business. He said there had been no change in the basis of operation and the Corporation had been very careful, since the initiation of relations with the City, to make full disclosure of all information concerning the operation. He said he felt the figures involved truly reflected a proper net return to the property owners or stockholders for their supervisory work and responsibilities. Councilman McCall inquired if Mr. Dickey agreed with the forecast increases by the year instead of an average over a three -year period, as prepared by the Corporation's accountant and the City Auditor. Mr. Dickey answered affirmatively, and it was pointed out this would keep up with the 5% revenue. Councilman McCall moved the ordinance be introduced, after which it would be laid over under provision of law and the Charter. The motion was seconded by Councilman Fore. Speaking on the question, President La Croix pointed out the ordinance would provide for a rate of $2.70 per month for one collection per week of one thirty - gallon receptacle, per dwelling unit; $2.25 per month for each additional receptacle; and $2.70 per cubic yard for refuse and rubbish removal. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 24. Councilman Levy 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 Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Mr. Hanna explained this was a means of putting stop signs on Lincoln Avenue at Third Street as there had been several accidents at the intersection over the years. 25. Councilman Fore moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series 445 Authorizing Purchase of Certain County -Owned Real Property Located in Vicinity of Posey Tube (1.149 Acres, More or Less)." The motion was seconded by Councilman Levy. On request, Mr. Hanna stated the principal use of the land would be for widening of Posey Loop, East, and re- alignment. He said the road was unusually awkward, narrow and confined by curbs so that users said pleasure cars were at the mercy of trucks coming around the curve. He said there had been a number of substantial complaints from the Alameda Naval Supply facility on the matter so the desire was to widen, straighten and move the street east into a more normal relationship, especially as related to Tynan Avenue and Webster Street. Councilman McCall said he could not understand the City's paying the County $29,250 for the land in question, that it had not been possible to negotiate with the County for a better price on the parcel. Mr. Hanna said he had not endeavored to negotiate with the County Real Estate Department, that it had had a price of $28,000 on the parcel about four years ago and it had gone up only $1,000 in that time, which he felt was a small rise. He pointed out that over an acre was involved and he felt the price was a fair one. City Manager Weller explained that Mayors' Formula moneys would undoubtedly be used for the purchase so that the County's Gas Tax Funds would be used and, in effect, dollars were merely being "swapped" between the County and the City. He said it was not valid to suggest that moneys were being used which could otherwise be utilized somewhere else as the funds were effectively controlled by the County. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. Councilman McCall inquired as to the price being paid by Del Monte Properties on its purchase of State lands in the area. Mr. Hanna said he had seen the figures which were well over $20,000 per acre. He said he could obtain precise figures and furnish them to the Councilmen. It was requested that this be done. There was some discussion with regard to the City submitting an offer on this property. BILLS: 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $109,490.67, 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 July 5, 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. ORAL COMMUNICATIONS, ,GENERAL: 27. V Mr. Gottstein spoke of articles in the Alameda Times -Star with regard to removal of trees in Washington Park in connection with the proposed widening of Eighth Street to connect with the Tube by way of the old Southern Pacific right -of -way. President La Croix explained the plans under consideration for widening the street adjacent to Washington Park. Mr. Gottstein said he had brought up a plan approximately ten years ago and that would have been a good time to proceed, that it was now too late to do so as it would not be of sufficient help to the situation. He said he had suggested that Westline Drive connect with Ninth Street as there were older homes in that area which could be moved back and remodeled or torn down, pointing out the homes on Eighth Street were more modern and a church and the Branch Library would be involved. Mr. Gottstein commented on the congestion and the difficulty of getting into the traffic line on Webster Street in the morning peak hours. He suggested that a new tube be constructed half -way between Park and Webster Streets, pointing out that there was at the present time the same number of facilities con- necting Alameda to Oakland as existed sixty -five years ago. He expressed the opinion that it was a shame to cut down the Washington Park trees as it would not help traffic conditions. 28. ''f Mr. Ron Tal, 762 Eagle Avenue, suggested alternatives be employed to relieve the traffic congestion and save the trees, such as designating three lanes in the direction of heavier traffic and one in the opposite direction. He also suggested that Eighth Street be made a one -way street and there be four lanes on Grand Street coming out of the South Shore fill area. Mr. Tal inquired if the basketball court at the Makassar Straits Housing Project would be eliminated if the Eighth Street route to the Tube should be constructed. President La Croix explained that the facility 6 had been put in at the request of the City Council through the Housing Authority on a tentative basis in agreement with the Southern Pacific Company, which had stated the recreation area would remain until such time as the right -of -way would have to be used. It was not anticipated that it would be done away with in the foreseeable future. FILING: 29. Specifications No. PW 7 -72 -15 - Reconstruction of Santa Clara Avenue, Park Street to Versailles Avenue. 30. Financial and Operating Report - Bureau of Electricity, as of April 30 and May 31, 1972 - Verified by George A. Hackleman. 31. Councilman Longaker moved the Council retire to an executive session for discussion of personnel matters. Councilman McCall seconded the motion which on roll call carried unanimously. After a five- minute recess, the Council reconvened in the Conference Room, No. 303, of the City Hall, for its deliberations. At the conclusion of the discussion, it was decided that no further action would be taken at this meeting. ADJOURNMENT: 32. There being no further business to come before the meeting, the Council adjourned, to assemble on Tuesday, July 18, 1972, at 7:30 o'clock p.m., when it would sit as the City Board of Equalization prior to the regular meeting of the City Council. Respectfully submitted, City Clerk