1973-12-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY DECEMBER 4. 1974
The meeting convened at 7:30 o'clock p.m. with Vice-President Corica presiding. The
Pledge of Allegiance was led by Councilman Beckam and was followed by an Invocation delivered
by the Right Reverend Monsignor Patrick J. O'Brien, Pastor of St. Philip Neri's Catholic Church.
ROLL CALL:
The roll was called and Councilmen Beckam, Hurwitz, McCall and Vice-President Corica,(/),
were noted present. Absent: President La Croix, Jr., (1), who was representing the City at the
National League of Cities conference in San Juan, Puerto Rico.
MINUTES:
1. The minutes of the regular meeting held November 6, and special meeting held November 13,
1973, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. V/ From Miss Margaret McQuinn, 1315 El Centro Avenue, Oakland, requesting removal of a Weed
Lien from the property located at 1420 Fifth Street, Alameda.
Miss McQuinn explained she had purchased the property on October 10, 1972, and had later learned
that in August, 1972 the weeds had been cleaned by a City crew; that a title search at the time
of purchase did not reveal the lien.
City Engineer Hanna stated the lien had been filed against the property in conformity with the
provisions of the Alameda Municipal Code, after efforts to recover the sum due from the previous
owners had been exhausted.
Following discussion, Councilman Hurwitz moved the request be granted and the City Assessor be
ordered to remove the Weed Lien from the record. The motion was seconded by Councilman Beckam,
who suggested future billing for weed removal be mailed with a return receipt requested, and
carried on the following roll call vote. Ayes: Three. Noes: Councilman McCall, (1). Absent:
President La Croix, Jr., (1).
3. V/ From Associated Coin Amusement Co., Inc., signed by Mr. Henry J. Leyser, President,
concerning tabling of the passage of an ordinance relating to the operation of pinball machines
by persons under 18 years of age.
Vice-President Corica reported the matter had been referred to staff for further study.
As no member of the Council indicated a desire to take the item from the table, the communication
was referred to the file.
4. V/ From the Alameda Jaycees, signed by Mr. Thomas T. Rolleri, Jr., President, regarding the
South Shore beach erosion problem.
The communication was referred to "Unfinished Business", to be included in the overall discussion
of the subject.
UNFINISHED BUSINESS:
5. Continued from the regular meeting of November 20, 1973, from Mr. John W. Heckenlively,
Attorney at Law, requesting permission to address the Council on behalf of the Bayview Estate
Homeowner's Association.
Mr. James A. Vais, 2926 Bayview Drive, President of the Association representing approximately
180 homeowners, stated their complaint was with the City and not the East Bay Regional Park
District, and the area of concern was that section of the City beach south of and adjacent to
the properties on Bayview Drive, between Broadway and the Bay Farm Island Bridge. Mr. Vais
asserted the City had been negligent in maintaining the beach and this had led to the prevailing
odor and erosion problems.
He referred to actions taken by the present and previous City Councils in connection with the
purchase of City trucks which were inadequate for use on the beaches, the Ravens Cove develop-
ment, and the contract with Utah Construction Company. He said their files on the subject dated
back to 1965. Mr. Vais stated that because of the lack of action, stagnant tidal pools had been
created and the decomposing marine vegetation was producing a toxic hydrogen sulfide type gas oc
unbearable odor. He said both state and Federal funds were available for correction of the
problem and several studies had been made by different organizations proposing alternate solutions,
however the City had taken no action to date. He said the problem had become so acute as to
adversely affect property values, cause loss of revenue to adjacent businesses and rental properties,
cause physical damage to property, and had become a critical health problem. Mr. Vais stated it
corrective measures were not promptly taken, they would pursue legal action.
Mr. Vais said the members of the Association requested that the Council establish a high level
task force, to be headed by the Mayor, to conduct a two phase program: (1) to execute an im-
mediate continuing clean up program to include shallow draft boats with raking devices to clear
the decaying vegetation from the tidal pools and temporary grading to fill the brackish water
section, or whatever program might be necessary to correct the existing situation; (2) to im-
mediately evaluate and start the execution of a permanent solution no later than six months from
this date, the solution to restore the beach to its original contour and free it of the decomposing
marine vegetation. Mr. Vais then introduced the following speakers.
Mr. Orville Blose, 2710 Bayview Drive, Chairman of the Beach Committee, spoke on pollution and
the property damage caused by the hydrogen sulfide gas.
Dr. Nicholas Toth, 2604 Bayview Drive, discussed the environmental impact and the hazardous health
condition which existed because of the problem. He cited authority under which the U.S. Army Corps
of Engineers might conduct corrective action concerning the erosion problem, and said up to
1,000,000 might be available in Federal funds for such a project. Dr. Toth proposed a short
term solution of preventative maintenance which would take care of the beach, and a long term
solution of restoration.
Mr. Don Gregory, 2626 Bayview Drive, voiced the concern of residents of the area with relation to
the harmful health conditions existing as a result of the hydrogen sulfide gas.
Attorney John W. Heckenlively stated he appeared as a representative of residents of 2/65 Shore
Line Drive. He referred to the operating agreement between the City and the East Bay Regional
Park District.
City Attorney Cunningham explained this agreement referred to the State-owned property in the
Washington Park area and had been the basis for the City entering into an agreement for the
maintenance of the City-owned beaches up to Broadway; that the District maintained, operated,
repaired and replaced the City beach under the contract.
Mr. Heckenlively said the present conditions were causing interference with the enjoyable use of
property, health, et cetera, and there was a responsibility to cure the situation. He referred to
studies made in November, 1971, and in 1972, which mentioned the odor problem but offered no
solution, and asked what concrete steps would be taken.
Mr. Burton Polse, owner of the Tropic Sands and Franciscan apartments, stated he had a petition
signed by approxiamtely 300 persons concerned with the odor in the area. He read several letters
from tenants who had vacated their apartments because of this problem, and commented on the mone-
tary loss suffered because of the vacancy factor.
Mr. Blose spoke on behalf of Mr. Cal Scott, manager of Mel's Bowl, who had reported a loss of
business, both in the bowling alley and the restaurant, because of the offensive odor which had
permeated the establishment.
Mrs. Lois Hoffman, 2908 Bayview Drive, a realtor, reported the loss of sales from August through
November because of the problem.
Mr. William Sovel, 2917 Bayview Drive, spoke as a representative of homeowners living on the
lagoons.
Mrs. Janice Kerr, 2485 Shore Line Drive, asked that the Council commit itself to an immediate
course of action to alleviate the problems.
Mr. Thomas T. Rolleri, Jr., 3230 Calhoun Street, spoke as a representative of the Alameda Jaycees.
He stated the beach erosion and odor problems had been a prime consideration of their Board of
Directors and membership, and they requested positive and affirmative action on the part of the
Council.
Mr. John J. Leavitt, 1612 San Antonio Avenue, Alameda's Director of the East Bay Regional Park
District, introduced Mr. Richard Trudeau, General Manager: Mr. Jerry Kent, Assistant General
Manager; and Mr. Henry DeGraca, representative of the U.S. Army Corps of Engineers.
reported that at a meeting held this date the District had adopted a Master Plan, and/ on a sp#1
ously,
vote of the Board of Directors, had decided to return the beach area to the City. He distributed
copies of EBRPD Resolution No. 4268, dated April 4, 1973, entitled: "Selection of Design Alternate
for Beach Erosion Abatement, Alameda Memorial State Beach Park". He quoted from the body of the
resolution, stressing the language of paragraph 3, which stated: "The District's ultimate willing-
ness to participate in the implementation of Alternative K shall be subject to full funding of
erosion control and restoration from other sources, with the District's willingness to consider
financial participation in the ultimate project to be limited to the recreation element thereof."
Mr. Leavitt stated this resolution spoke to the point raised by Attorney Heckenlively. He quoted
from the agreement with the City, the portion stating "the District shall be responsible for a
period of 25 years for the care, maintenance, development, operation and control of the public
beach real property hereafter described for the purposes of public park and recreational use."
He said EBRPD was contractually obligated to be responsible for recreational activities only,
however, recognized the difficulties in beach erosion, and, in recent months, the odor problem.
He stated Alternative K dealt primarily with erosion but had pragmatic approaches to the odor
problem. Mr. Leavitt referred to a diagram of Alternative K which had appeared in the Alameda
Times-Star earlier in the year. He said on April 17, 1973, the above resolution and copies of
Alternative K had been presented to the City Manager and Mayor, and the District had requested
City approval of Alternative K or some indication as to the direction in which the City wished
them to go. He reported their belief that this was the best alternative and represented the best
thinking of the U.S. Army Corps of Engineers and their staff, and the input of public meetings
which had been held in the City.
Mr. Leavitt described Alternative K as establishing a system of four groins, three running in
a north-southerly direction and the fourth running east-westerly. Their purpose was to curtail
the current erosion which, according to the Corps of Engineers, was due to the prevailing winds
blowing westerly across the beach and moving the soil in a somewhat easterly direction into the
marsh area. The groin running east-westerly would protect the beach from erosion in the Robert
W. Crown Memorial State Park. These groins would be constructed either of wood or rock-rubble,
and would have paths on top of them. The fill on the beach would be composed of heavier grades
of sand than now in use. They proposed the marshland be located approximately 1,000 feet offshore
and be composed primarily of cord grass. This would protect the beach from southerly storms.
In the course of construction of the marsh, the channel between the two would be dredged out
all around, thus increasing the tidal delta flow.
Mr. Leavitt asked that the City look at the plan, consider it, and provide the District with
key facts so they could proceed to the next step which was to go to the Bay Conservation and
Development Commission for their approval of the plan. He said some decisions would have to
be made concerning financing, and referred to Dr. Toth's remarks regarding the availability of
Federal funds. He estimated the program would cost between $2,500,000 and $3,000,000. An
alternative solution would be to go for special funding through the Federal legislature, how-
ever this might take as long as four to six years to accomplish. Mr. Leavitt answered questions
put by the Council concerning the plan.
Mr. Jerry Kent stated he had followed the project since 1968 when the District had first re-
quested the Corps of Engineers to analyze the erosion control problems along South Shore beach
and make recommendations. He said Mr. Leavitt had pointed out what they believed to be the long
term solution. He commented on the odor which had been caused by rotting sea lettuce washed up
from the Bay floor, deposited in the inlets, and remaining there because of the lack of suffi-
cient tidal flow. He said it was felt with the placing of heavier grades of sand on the beach,
they would be able to maintain the shoreline perimeter with existing beach-leech equipment.
Mr. Kent referred to a meeting of various public agencies held on October 15, at which several
alternatives had been explored which would, hopefully, resolve some of the problems. He said
the Alameda County Health Care Services Agency was currently sampling all drainage outlets
along South Shore and in the Spring of 1974 would have sufficient data to make conclusions and
recommendations concerning materials contributing to pollution. That the Regional Water Quality
Control Board had asked the Department of Fish and Game for assistance in algae control. Also,
the District had found one of their existing pieces of equipment would be able to negotiate the
tideland area to push the sea lettuce up onto the beach where it would be picked up by larger
equipment.
Mr. Kent said the District was prepared to make a commitment that this coming Summer they would
do everything in their power to remove the sea lettuce which washes up on the section of the
beach for which they are responsible.
Mr. Kent explained they were seeking solutions to the erosion problem. He stated they would
like to have the City assist by analyzing the Alternative K proposal and notifying the U.S.
Army Corps of Engineers either of City support or disapproval of the study. He said, at the
appropriate time they would ask the City to join with the District in their request for the Corps
study. They would also like to have the cooperation of the City in raising local funding; that
it would be necessary, depending on the approach used to complete the project, to raise between
$700,000 and $1,500,000 for the erosion portion of the study. He said the District had enough
moeny available for the recreational development. The District believed the above would be
helpful in resolving the problems generated along Broadway to Westline Drive; that the matter
of what would happen between Broadway and the Bay Farm Island Bridge would require further
analysis by the Corps, the City and the District.
Mr. Kent stated this program was developed to solve erosion control on their leased portion of
the project. He said there would be a hearing in March, 1974, by the U.S. Army Corps of Engineers,
to be held in Alameda, on the proposal; that the Corps staff was in the process of completing
the recreation element. After the hearing, there would be more definite information available
as to when the project would be completed and the ultimate cost could then be estimated. He said
the District's goal was to provide a more attractive recreational activity along South Shore,
which would include a bicycle trail, additional off-street parking, landscaped areas and picnic
areas.
In answer to questions put concerning the existing marshland, Mr. Kent said the District had
aerial photographs of the marsh going back to 1965, which depicted its growth, and they had been
informed by the Corps that that agency had specific jurisdistion for any dredging or improvement
taking place below the mean high tide level. There followed general discussion of the marshland
and the depth to which the channel should be dug.
Mr. Kent reported the final opportunity for public comment and review of the alternatives would
be at the hearing conducted by the Corps in March; that a project of this size would necessitate
preparation of an Environmental Impact Report.
Mr. Charles A. Tillman, 2415 Roosevelt Drive, requested the Council to consider immediate measures
to relieve the situation.
Mr. Vladimer Turski, owner of an apartment building at 2445 Shore Line Drive, proposed that the
City immediately establish a budget for engineering studies which would indicate the type or
measures necessary to correct the problems.
Mr. Charles Diers, 632 Westline Drive, suggested the Council assume leadership of the project
and proceed immediately to enact corrective measures.
On question, the City Engineer suggested a 100-200 foot wide channel, 1-2 feet deep, be dug bet-
ween the high tide line and a new north edge of the cord grass, which was causing the current
problem, to Broadway; thence continuing southeasterly from Broadway, beginning in the vicinity
of Park Street, following the natural configuration. He said he believed this would eliminate
the area which had been trapping the offensive sea lettuce. He said he thought this should be
done with at least the tacit approval of BCDC and the Corps of Engineers.
Following considerable discussion, the City Manager, City Attorney and City Engineer were directed
to meet, as soon as possible, to develop an interim plan to take care of the immediate emergency,
with a report back to the Council.
Councilman Beckam reported the Re-evaluation Plan, which he and Councilman Hurwitz had developed,
would come before the Council at its meeting of December, hopefully for an affirmative vote. This
would be to determine the goals and direction of the City and an action plan to guide the City in
its future. He commented on Mr. Vais' remarks concerning the formation of a task force, and sug-
gested this task force be composed of President La Croix, Jr., or Vice-President Corica; the City
Engineer; Mr. Vais; Dr. Toth; Mr. Tillman; a member of the U.S. Army Corps of Engineers: and dele-
gates from the East Bay Regional Park District, BCDC, Alameda County Health Care Agency, and Depart-
ment of Fish and Game. He suggested the following items might be taken under consideration: (1)
all legal aspects and jurisdictional responsibilities; (2) a determination of the best long term
solution, including Alternative K and the others mentioned; (3) short term interim maintenance
solutions, and alternatives; and (4) funding.
Vice-President Corica concurred in the suggestion and stated public meetings should be held so all
interested persons might attend.
Councilman Hurwitz also agreed with Councilman Beckam's suggestion, however stressed that he thought
the beach east of Park Street was of immediate concern and demanded first consideration: that, i'
necessary, a special meeting be called if Council approval were required.
Attorney Heckenlively quoted, for the record, Section 3479 of the Civil Code, which states: "Any-
thing which is injurious to health, or is indecent or offensive to the senses, or an obstruction
to the free use of property so as to interfere with the comfortable enjoyment of life or property
is a nuisance." He alleged the City was maintaining a nuisance.
A ten-minute recess was called. Upon reconvening, the meeting proceeded with the regular order of
business.
NEW BUSINESS:
6. V/ Vice-President Corica brought up the subject of
and Hurwitz. He asked if it might be possible to save
questions on the ballot in connection with the Special
the Prospectus prepared by Councilmen Beckam
money and effort by incorporating a series of
Municipal Election to be held January 22,197/.
The City Attorney and City Clerk advised that because of the mechanical problems involved, the time-
consuming preparation of the questions, and the legal publications required by law and the Charter,
this would not be possible. It was suggested that advisory Measures might be consolidated with the
June primary election, together with several amendments to the Charter which had been under consid-
eration.
Councilmen Hurwitz and Beckam referred to a City of Napa ballot, of 20 to 30 questions, which might
be used as a guideline. Councilman Beckam stated, however, these had been formulated after a study
in the City of Napa. He said he thought it would be premature, at this time, to place similar
questions on a ballot as it might be prejudging citizen input in determining what the residents of
Alameda wanted for their community.
Councilman McCall requested the City Manager and City Attorney prepare a list of proposed Charter
amendments for Council consideration.
7. V Vice-President Corica reported the City had been requested to join other public agencies in
the County in taking appropriate legal action to stay the implementation of a Transportation Control
Plan for the San Francisco Bay Area, as developed by the Environmental Protection Agency.
Assistant City Manager Goss explained these regulations would place a substantial financial load on
the City for the free on- and off-street parking spaces it maintains and would require the City
to administer this Federal program in relation to private off-street parking.
Councilman Beckam moved the City Attorney be authorized to join the City with the County of Alameda
in litigation to seek review, before the U.S. Court of Appeals, Ninth Circuit, of this Transportation
Control Plan. The motion was seconded by Councilman McCall and carried on the following roll call
vote. Ayes: Four. Noes: None. Absent: President La Croix, Jr., (1).
RESOLUTIONS:
8. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 8138
Adopting Specifications, Special Provisions and Plans for
Installation of Storm Sewer in Extension of Mulberry Street
from Clement Avenue to Eagle Avenue, Calling for Bids and
Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman Beckam and carried on the following
roll call vote. Ayes: Four. Noes: None. Absent: President La Croix, Jr., (1).
9. y' The following resolution was introduced by Councilman Beckam, who moved its adoption:
"Resolution No. 8139
Authorizing Execution of Agreement Between City and Gary L.
Schweitzer Relating to Operation of Parks Refreshment Concession."
The motion to adopt said resolution was seconded by Councilman Hurwitz and carried on the following
roll call vote. Ayes: Four. Noes: None. Absent: President La Croix, Jr., (1).
The Vice-President declared the foregoing Resolutions adopted.
ORDINANCES FOR PASSAGE:
10. "Ordinance No.
New Series
Amending the Alameda Municipal Code by Adding Article 3 to
Chapter 1 of Title XXI, Consisting of Section 12-131 Through
12-135, Relating to Placing and Removal of Political Signs."
Councilman Hurwitz asked if this ordinance would also include lawn signs and require a permit.
The City Attorney replied it would include signs placed on lawns or within private buildings by
a candidate or political committee, but would not prevent a private citizen from so doing on his
own property. He explained the requirement for obtaining a Distributor's Permit would assist the
City in recovering any costs which might be incurred in their removal, should the candidate or
committee fail to do so within the required time period.
Councilman Hurwitz expressed his objection to the control which would be exercised on private
property.
Mr. Joseph P. Sullivan, 3221 Liberty Avenue, also voiced his protest.
Following discussion, Councilman McCall moved the ordinance be tabled. The motion was seconded by
Councilman Beckam and carried by the following roll call vote. Ayes: Four. Noes: None.
Absent: President La Croix, Jr., (1).
11.
"Ordinance No. 1707,
New Series
Authorizing Sale of City-Owned Real Property to Housing
Authority (Northeast Corner Park Street and Otis Drive)."
Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Council-
man Beckam and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent:
President La Croix, Jr., (1).
BILLS:
12. An itemized List of Claims against
total amount of ,76,582.32, was presented
The List was accompanied by certification
correct.
the City of Alameda and the Departments thereof, in the
to the Council at this meeting.
from the Assistant City Manager that the Claims shown were
Councilman Hurwitz moved the bills as itemized in the List of Claims filed with the City Clerk
on December 4, 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: Four. Noes: None. Absent: President La Croix, Jr., (1).
ORAL COMMUNICATIONS, GENERAL:
13. V Miss Joan Narahara, 106 Garden Road, complained of a loud motor noise emanating from the
Oakland Airport the previous Wednesday in the late evening and early morning hours.
FILING:
14. Agreement between City and Gary L. Schweitzer relating to operation of Parks Refreshment
Concession.
15. Financial and Operating Report - Bureau of Electricity, as of September 30, 1973 - Verified
by George A. Hackleman.
ADJOURNMENT:
16. There being no further business to come before the meeting, the Council adjourned, to
assemble in adjourned regular session on Tuesday, December 11, 1973, at 5:15 o'clock p.m.
Re spectful ly submitted,
City Clerk