1973-10-02 Regular CC Minutes1. I 0
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY —
— — — — — OCTOBER 2, 1973
The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge
of Allegiance was led by Councilman Corica and was followed by an Invocation delivered by the
Reverend David Towers, Assistant Pastor of the First Presbyterian Church.
ROLL
The roll was called and Councilmen Beckam, Corica, Hurwitz, McCall and President La Croix
Jr., (5) were noted present. Absent: None.
MINUTES:
1. The minutes of the special meeting held September 17, and regular meeting held September
18, 1973, were approved as transcribed.
2. President La Croix welcomed students in the audience from the Government class of Encinal
High School, and their instructor, Mr. Don Perata.
MRITTEN COMMUNICATIONS:
3. / From the Alameda Chamber of Commerce, signed by Mr. Steve Nichols, Chairman, On—Premise
Signing Subcommittee, requesting designation of improvements in On—Premise Sign Controls as high
priority activity of Planning Board.
The President stated this communication would be referred to the special joint meeting of the
City Council and City Planning Board to be held Thursday, October 18, 1973.
HEARINGS:
4. / In the Matter of a Petition to rezone property located northerly of Tinker and Tynan
Avenues and lying between the two portal buildings and Posey Loop, from the 'TM-2—G", General
Industrial, Government District, to the "M-2—PD", General Industrial Planned Development District,
filed by John Beery, developer of Mariner Square II.
The Clerk stated there was on file the Affidavit of Publication that this would be the time and
place for the Hearing on the matter, all interested parties had been notified, and the minutes of
the Planning Board at which the proposal was considered had been sent to the Councilmen.
Mr. Donald Johnson, Planning Director, stated this petition involved an 8.2—acre parcel of land
and the required zone change was due to the fact the property was no longer owned by a unit of
government. He said Mr. Beery proposed to use the property as an operational and conditioning
facility for the importing of foreign vehicles, and his intent was to develop the property sub-
stantially as a large parking area with accessory building. Mr. Johnson reported no opponents
appeared at the Planning Board hearing and the Board found for the zoning, as recommended, by
unanimous vote; the matter of an Environmental Impact Report was considered, the Board finding
this rezoning action would have no significant effect on the environment and ordered a Negative
Declaration filed. He called attention to the change to Planned Development, noting that sub-
sequently a permit would be necessary for improvements on the parcel.
City Attorney Cunningham stated the issue before the Council was whether the findings and recom-
mendations of the Planning Board and its advisory report based upon Section 11-175 of the Muni-
cipal Code, should be sustained, modified or overruled.
On the call for proponents, Mr. John Beery, the applicant, answered the questions of the members
of the Council with regard to landscaping and the proposed use of the property. He stated he had
purchased the property from the Del Monte Corporation, who had acquired it, through public sale,
from the State of California.
On the call for opponents, there was no response. The Hearing was declared closed.
Following discussion, Councilman McCall moved the recommendation of the Planning Board be accep-
ted and the subject parcel be rezoned from the 1111,-2—G11 District to the "N-2—PD" District. The
motion was seconded by Councilman Beckam and on roll call carried unanimously.
There being no objections, the meeting proceeded to "Introduction of Ordinances%
INTRODUCTION OF ORDINANCES:
5. Councilman McCall introduced the following ordinance, after which it would be laid over
under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Reclassifying and Rezoning Certain Property
Within the City of Alameda by Amending Zoning Ordinance
No. 1277, N.S." (11M-2-G" to 11112-PDll - Mariner Square II)
The motion was seconded by Councilman Beckam and carried on the following roll call vote:
Ayes: Five. Noes: None. Absent: None.
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
6. From the City Manager, recommending an extension of time of 90 days for completion of
public improvements in Tract No. 3411. (Ravens Cove - Knuppe Development Co.)
Councilman Beckam moved the requested extension be granted. The motion was seconded by Councilman
McCall and carried on the following roll call Vote. Ayes: Five. Noes: None. Absent: None.
7. V' From the City Planning Board, signed by the Secretary, recommending approval of Design
Review proposal as presented by the Assistant City Manager.
Mr. Goss stated his report of August 17, 1973, had been considered by the Planning Board which had
approved the concept and recommended that the City Council create a Design Review Board, as out-
lined, with the suggestion that the sample ordinance be used as a guideline. He said there were
two exceptions to the report, namely, (1) that the Design Review Board authority be extended to
,,R-111 and uR-2" zones, if legally possible; and (2) that two members of the five-member Board be
licensed architects, landscape architects or building designers; one member of the Planning Board
be appointed to provide liaison between the two Boards, with the remaining two members appointed
from the public at large. Mr. Goss further commented on the creation of an Historic Zone and the
revision of the Planned Development Zone, to accomodate the design review process.
City Attorney Cunningham stated it was his view that ,T-11 and TIR-21, classifications of land use
not be included except where under a Planned Development or Historic Zone overlay.
Councilman Corica called attention to the right of appeal to the City Council from Board decisions
and stated he believed nR-111 and ”R-2” zone construction should be reviewed by the Board.
There was discussion as to the schedule of fees to be charged upon the filing of an application
with suggestions of 325 for up to 10 units and "25 for each additional 10 or part thereof, or
that the charge might be based on a percentage of the prospective building permit fee.
Councilman Hurwitz moved that the City Attorney be directed to prepare an ordinance establishing
a Design Review Board to include ”R-l?! and "R-21, zones, if legally possible, as recommended by the
Planning Board, and not to require that plans be submitted by licensed architects; said Board to
consist of two licensed architects, landscape architects or building designers, one member of the
Planning Board and two members appointed from the public. The motion was seconded by Councilman
Corica.
President La Croix suggested the Planning Board be requested to recommend one of its members to
sit on the Board.
Councilman McCall questioned whether the proposed Board would consider only new construction or
if remodelling plans would also be scrutinized.
Assistant City Manager Goss replied that both new construction and remodelling would be reviewed
by the Board and would be a requirement prior to the issuance of a Building Permit.
Councilman McCall expressed his objection to a review of remodelling plans when no variance would
be required.
Following further discussion, the question was put and carried on the following roll call vote.
Ayes: Four. Noes: Councilman McCall, (1). Absent: None.
S. V From the Recreation Commission, signed by the Secretary, suggesting formation of an action
task force to develop a master plan for bicycle paths within the City,.
The President stated he was in accord with the proposal of the Commission.
Councilman Beckam called attention to the rising rate of bicycle accidents throughout the State.
He said he was in favor of the Task Force moving ahead to set bicycle lanes within the City but
suggested this be done with a degree of caution in view of the safety factor.
There followed a general discussion concerning the membership of the Task Force.
Councilman Beckam moved the Recreation Commission be authorized to establish a Task Force to de-
velop a plan for bicycle paths; that membership not exceed nine persons to include representation
from Traffic Safety, Engineering, Police and Planning Departments, one student representative,
one senior citizen representative, and one representative of the bicycle industry.
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote.
Ayes: Five. Noes: None. Absent: None.
9. From the Housing Authority of the City of Alameda, signed by the Executive Director,
concerning the Senior Citizens complex to be constructed at 920 Park Street.
On request, the Clerk read the communication which thanked the Council for its efforts in
effecting the purchase and rezoning of the site.
Councilman McCall inquired as to financing of the project. Assistant City Manager Goss replied
there were no moneys presently available through Federal or State agencies. The President stated
he believed the project would have to look to private financing for funds.
Councilman Beckam moved acceptance of the report. The motion was seconded by Councilman Hurwitz
and carried unanimously.
UNFINISHED BUSINESS::
10. V/ Continued from the regular meeting held September 18, 1973, from E. M. Schaffran and Co.,
transmitting "Investigation and Report — Condominium Conversion Subdivisions in Alameda, Cali-
fornia.fl
Councilman Beckam moved the report be accepted and referred to the Planning Board for perusal and
recommendation. The motion was seconded by Councilman McCall and on roll call carried by the
following vote. Ayes: Five. Noes: None. Absent: None.
11. V/ President La Croix called attention to a communication from the Planning Director advising
that a new rezoning application and new land use plan had been filed by Harbor Isle Associates for
a major portion of the Bay Farm Island fill area, and requesting direction for preparation of the
Environmental Impact Report.
The City Manager explained the original agreement was that the developer would pay $35,000, the
City to pay the difference between that and the amount necessary to complete, at which time the
project had been suspended. He said it was now his understanding the developer was prepared to
pay all of the supplemental costs required to complete the EIR.
Attorney James B. Davis, on behalf of the developer, stipulated that the cost for the EIR on the
new proposal would be borne by the developer. He requested, however, that the report be completed
at the earliest possible date.
At the conclusion of considerable discussion, Councilman Hurwitz moved that the City Attorney be
directed to prepare a new agreement with the Arthur D. Little Company for the completion of an
EIR which would meet the statutes of the State, and any other legal requirements for such reports;
that it be based upon the application filed by Harbor Bay Isle Associates on September 21, 1973;
the cost to be borne by the developer; the report to be completed within thirty but not more than
forty—five days; and that Mayor La Croix be authorized to execute the agreement on behalf of
the City.
The motion was seconded by Councilman Beckam and carried on the following roll call vote.
Ayes: Four. Noes: Councilman Corica, (1). Absent: None.
12.k( Councilman Corica expressed concern over the erosion problem along the South Shore beach
and the odor emanating from the bird sanctuary.
City Engineer Hanna explained the methods being used to alleviate the situation.
The City Manager was requested to communicate with the East Bay Regional Park District and inquire
as to the current status of plans to correct the problems.
13. 17 President La Croix recalled the appearance before the Council, several months prior, of a
young man expressing concern of police problems in the Atlantic Avenue—Webster Street area. He
read a letter which had been received from the President of AlamedlJunior College, addressed to
City Engineer Hanna, thanking him for his prompt action in providing additional lighting at the
bus stop in that location.
14. V Councilman Beckam reported that he and Councilman Hurwitz were in the process of completing
their re—evaluation and goals study and asked that a date be set for a special meeting so they might
present the same to the Council.
This special meeting was scheduled for Monday, October 15, 1973, at 4:00 o'clock p.m., in the
Council Chamber of the City Hall.
15. 11/ Councilman Hurwitz commented on complaints received of non—residents using the facilities
of the City Dump. He asked that a letter be sent to the Alameda City Disposal requesting a closet
check of the residence of persons disposing waste materials on the grounds.
The City Manager was asked to direct such a colimLunication to the scavenger company.
16. Councilman McCall stated he wished to commend the City Auditor on the excellence of his
Annual Report and asked that the President convey to Mr. Martin the compliments of the Council. He
suggested that copies be made available to the public through the Alameda Library and school libraries.
INTRODUCTION OF ORDINANCES:
17. Councilman Corica introduced the following o ance„ after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
Authorizing Grant of Non—Exclusive Easement for Public
Utility Purposed to East Bay Municipal Utility District
Pacific Gas and Electric COmpany, and Pacific Telephone
and Telegraph Company"
The motion was seconded by Councilman Hurwitz and carried on the following roll call vote.
Ayes: Five. Noes: None. Absent: None.
ORDINANCES FOR PASSAGE:
18.V
"Ordinance No. 1701
New Series
Adding Section 3-1012.5 to the Alameda Municipal Code
and Amending Sections 3-1011 and 3-1012, and Ordinance
Nos. 1183 N.S., and 1396, N.S., Entitled, ICity of Ala-
meda Uniform Local Sales and Use Tax Ordinancelf Effec-
ting Changes in Said Code and Ordinances Mandated by
State Lau."
Councilman Beckam moved the ordinance be passed as submitted. The motion was seconded by Councilman
McCall and carried on the following roll call vote. Ayes: Five: Noes; None. Absent: None.
BILLS:
19. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of 4;61,985.491 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 Corica moved the bills as itemized in the List of Claims filed with the City Clerk on
October 2, 1973, and presented to the City Council at this meeting, be allowed and paid. The motion
was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five.
Noes: None. Absent: None.
ORAL COMMUNICATIONS, GENERAL:
20. V Mr. Charles A. Tillman, 2415 Roosevelt Drive, suggested that a representative of the East
Bay Regional Park District work with the Task Force in laying out bicycle paths.
Mr. Tillman commented on the responsibility of the Reclamation District, and its assignees, to
maintain the shoreline fill of the Harbor Bay Isle development.
21. 7 Miss Joan Narahara, 106 Garden Road, questioned the nature of the agreement between the City
and the Oakland Airport concerning the navigational device located on Golf Course property.
City Attorney Cunningham stated he would look into the matter and advise the Council.
22. V President La Croix introduced and welcomed Mr. Don Vickson, a visitor from Lidingo, Sweden,
who had been staying with the La Croix family.
23. Alameda Free Library — Annual Report for Fiscal Year Ending June 30, 1973.
24. Financial and Operating Report Bureau of Electricity as of July 31, 1973 - Verified
by George A. Hackleman.
ADJOURNMENT:
25. There being no further business to come before the meeting, the Council adjourned, to assemble
in regular session on Tuesday, October 16, 1973, at 7:30 &clock
Respectfully submitted,
Deputy City Clerk