1969-11-04 Regular CC Minutes47
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
RELD TUESDAY EVENING NOVEMBER 4, 1969
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 Charles N. Nahnsen, Pastor of Immanuel Lutheran Church.
ROLL CALL:
The roll was called and Councilmen Fore, Levy, Longaker and President La Croix, Jr., (4), were
noted present. Absent: Councilman McCall, (1), who was on vacation.
MINUTES:
1. The minutes of the regular meeting held October 21, 1969, were approved as transcribed.
-WRITTEN COMMUNICATIONS:
//
2. From Cpl. L. B. Hollywood Post 939, Veterans of Foreign Wars, and Auxiliary, indicating support
of the park site on Bay Farm Island, as the need was great.
3. From Mr. and Mrs. William Ward, 1023 Camellia Drive, in support of another park on Bay Farm Island.
4. From Mr. and Mrs. Arthur H. Harrsch, 1171 Camino Del Valle, indicating they were in favor of a
park site on Camino Del Valle at Mecartney Road on Bay Farm Island, as other proposed sites were too far
away for children in the immediate vicinity.
The above three communications were referred to the file on the subject, pending receipt of a report
from the City Manager's office on the recommendation of the Recreation Commission that a three-to-four
acre park site be acquired on the upland of Bay Farm Island.
50/ From Mr. Frank Bette, 1601 Paru Street, suggesting it would be to the City's interest to preserve
attractive old homes, and proposing they be included in a "tiny" Grand Tour for visitors.
President La Croix remarked that it was the concern of many residents that some of the memorabilia and
wonderful old homes in the City be preserved. A number of proposals had been made, one that possibly a
site caul d be set aside for a grouping of these homes which might be supported by a non-profit organization
in the community.
It was agreed that the communication should be referred to the Alameda Chamber of Commerce for consideration,
with the request that a report be made to the Council as to what action might be taken on the proposal.
6.4 At this time, President La Croix called attention to the new aerial photograph, just installed in
the Council Chamber, showing the City and the fill area of Bay Farm Island. He felt it was a very good
photograph and said he hoped it would meet with approval. The Chamber was no completely refurbished,
with art work from the Alameda Art Association and the work done by City forces.
HEARINGS :
7.1 In the Matter of an Appeal from the decision of the Planning Board to deny a variance to allow a
non-conforming use (art studio and gallery) in the "R-4" District, and to permit a three-square-foot sign
in conjunction therewith. The Appeal was filed by Mario and Adele T. Marigonda on their home at 1441 Grand
Street. It was also requested that permission be granted for certain other artists to exhibit paintings
from time to time in the gallery.
The City Clerk stated the parties involved had been informed that this would be the time and place for
Hearing in the matter and the minutes of the Planning Board meeting at which the application was considered
had been sent to the Councilmen.
The City Attorney stated the issue before the Council was whether or not the action and the findings of
the Planning Board, taken pursuant to Sections 11-161 (b) and (e) of the Municipal Code, should be affirmed,
modified or reversed.
Mr. Donald Johnson, Planning Director, explained the action of the Board, as set forth in his memorandum
on the subject dated October 27, 1969. He said the staff had suggested there was little reason for hard-
ship in the case and there were no unusual circumstances involved other than personal or family reasons
of the applicant, and the staff had had no firm recommendation on the application.
Mr. Johnson said there had been no protests at the Board Hearing, nor had there been any complaints
received on the operation. He said the operation as it was being conducted was a very clean one and not
unattractive. The Board was only concerned about precedents which might be established as other artists
in the community would like to use their homes for private or public galleries.
On the call for proponents, it was noted that letters had been received from The Reverend Wilfred H.
Hodgkin, Rector of Christ Episcopal Church, and Sister Catherine Bonifas, 604 Taylor Avenue, urging that
the variance be granted. A letter, submitted at this time from Col. and Mrs. Leighton G. Morey, 301 Grand
Street, was read for the record. It also urged that the Council recognize the cultural aspects of an art
gallery and approve the variance.
Mr. Ray Ratto„ 1242 St. Charles Street, addressed the Council. He stated he and his wife had visited
the gallery and felt it would add nothing but beauty and culture to the City.
Mrs. Adele T. Marigonda then appeared. She acknowledged with appreciation the statements of friends
in favor of the art gallery. She stated very few people had come to the gallery up until the time she
had begun to display the paintings on the porch. She said she had misunderstood information received
from the Planning Department and was under the impression that it would be permissible to make sales
in the studio provided what was sold had been produced on the premises by Mr. Marigonda. However,
there were very few sales. After displaying the art for several weeks they received a call from the
Planning Department that this was not in accordance with their Home Occupations Permit and therefore
the paintings must not be shown on the porch. She said if five paintings• were considered too many,
they would be happy to cut down on the number to be exhibited to three or even two.
On the size of the sign desired, Mrs. Marigonda said they would be happy also to cut this down if the
proposed size of three square feet was considered too large.
With regard to the request that other artists be permitted to exhibit in the gallery, Mrs. Marigonda
said there were many artists in the City who had asked permission to exhibit on the premises from time
to time. They had been told this could not be allowed until such permission was granted by the Plan-
ning Board. Mr. and Mrs. Marigonda were anxious to encourage other artists to continue this form of
expression. She said the Alameda Art Association supported them in their request and its members,
primarily local, would be able to display their art, although the opportunity would be suitably limited.
On question by President La Croix, Mrs. Marigonda said the desire was to exhibit at least a few paint-
ings to show to passersby that a studio or gallery was located in the dwelling, and they would like the
sign, tastefully designed with the name and hours, to hang on the rotunda.
Councilman Longaker suggested that a limit be placed on the number of paintings to be exhibited and
that it be stipulated whether they remain on the porch or be allowed on the lawn, as these factors might
became very important to the neighbors at a later date. Mrs. Marigonda pointed out she had requested
permission to exhibit only on the porch and in the home.
Councilman Levy inquired if there was any plan to have an electric sign at any time, rather than a
painted one. It was stated this would not be permitted under present City regulations.
On the call for opponents, there was no response. The Hearing was declared closed.
President La Croix stated he had found nothing distasteful about the operation and he felt it lent some-
thing to the character of the community. He said he would like to see no more than three paintings
displayed on the porch and a painted sign in keeping with the well-maintained appearance of the home and
grounds, tastefully designed and properly hung, attached to the house itself.
Councilman Fore expressed his approval of allowing the use to continue, with the restrictions which had
been suggested.
Councilman Levy moved the Appeal be granted and the non - conforming use be permitted on the following
conditions: (1) that no more than three paintings be exhibited at any one time on the porch; (2) that
the three - square -foot sign be displayed in a manner conforming to the dignity of the area; and (3) that
visiting artists be permitted to exhibit paintings in accordance with the desires of the Marigondas.
Councilman Longaker asked, if visiting artists should display paintings and these were sold, whether
the Marigondas would expect a commission on the sales. It was stated this point did not have a great
bearing on the primary questions involved in this case, and would probably not be a problem.
Councilman Fore seconded the motion. Mr. Cunningham pointed out that under the Home. Occupations Permit,
the applicant was not permitted to make sales of any kind. Therefore, perhaps there should be a condi-
tion stipulated in the motion that sales would be permitted on the premises. This was satisfactory to
Councilmen Levy and Fore and the condition was added to the motion.
The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes:
None. Absent: Councilman McCall, (1).
8. v"" In the Matter of an Appeal from the decision of the Planning Board to deny a Use Permit to allow
a drive -in establishment, a Fotomat Island, in the TTC -2" District at 704 Central Avenue. The Appeal
was filed by Fotamat Corporation.
The Clerk stated the interested parties had been informed that this would be the time and place for
Hearing in the matter, and the minutes of the Planning Board meeting at which the application was consi-
dered had been sent to the Councilmen.
Mr. Cunningham stated the issue before the Council was the same as on the previous Hearing.
Mr. Johnson called attention to his memorandum and map furnished to the Councilmen on this subject. He
stated the proposal was to establish a Fotomat Island in the parking lot serving the New Island Market,
704 Central Avenue, at the corner of Webster Street. As initially proposed, the island was to be
located at the outer front corner of the lot. However, after routine review by the Engineering Depart-
ment, a criticism had been filed with the Planning Department that the proposed location would reverse
the flow of traffic within the parking lot and create problems at the rather congested intersection.
Mr. Johnson stated there had been two protestants at the Board Hearing, only incidental, however, as
they were present in connection with another matter.
The exhibit shown the Board indicated the island as criticized by the Engineering Department. The
Board had denied the Use Permit on the finding that the applicantts intent was not clear and the installa-
tion would tend to congest an already overcongested intersection. The staff recommended granting the
Use Permit subject to compliance with the Engineering Departmentts condition and so recommended to the
Council on the Appeal.
On the call for proponents, Mr. Jerry Khan, Fotomat Corporation, came forward. He pointed out the
position of the island had been changed to the inside of the lot on the later drawing. He said there
was a distance of twenty-two feet between the Fotomat Island and the entrance of the parking lot so
that there would be ample room for a car to enter the lot behind a vehicle being served at the Island.
He felt there would be no traffic problem created by the business. Mr. Khan stated there were mainte-
nance crews which serviced the building each week. This was the same type of operation as formerly
located on the parking lot at Santa Clara Avenue and Oak Street. The move had become necessary when
Long's Drug Store had purchased the lot. Fotomat Corporation planned to lease space from Mr. Eugene
Sue, owner of the New Island Market. The hours would be from 9:00 o'clock a.m. to 9:00 o'clock p.m.,
seven days per week.
In response to a question by Councilman Fore, Mr. Sue stated he would have no objection to either location
for the proposed building. The relocation to the spot adjacent to the store was satisfactory to him, and
he was in favor of the request.
On the call for opponents, there was no response. The Hearing was declared closed.
President La Croix inquired of the City Engineer if he approved of the installation as proposed. Mr.
Hanna stated he was a little concerned. It was acceptable, but the intersection was a very busy one and
with the turning movement sometimes two cars abreast coming from Webster Street and going east on Central
Avenue, he wished to be sure there would be no more confliction than there had been in the past. He
requested that the Fotomat people and Mr. Sue keep an eye on the situation and if a problem should develop
steps could be taken to relieve it.
Mr. Khan stated if at any time the business was creating congestion they would be happy to move. He said
he would have no objection to attaching this condition to the granting of a Use Permit for the operation.
Councilman Longaker moved that the Appeal be granted and the Fotomat Corporation be allowed to place its
building on the site indicated, subject to the conditions set forth by the City Engineer. Councilman
Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None.
Absent: Councilman McCall, (1).
REPORTS AND RECOMMENDATIONS:
9. From the City Attorney, recommending acceptance of an additional $100 as a compromise settlement
of the claim filed by Messrs. Robert A. Bourgeois and Edward G. Hoffman.
Councilman Longaker moved the recommendation be approved and the additional sum of $100 be accepted on
the specified claim. Councilman Levy seconded the motion which carried on the following roll call vote.
Ayes: Four. Noes: None. Absent: Councilman McCall, (1).
10.- From the Auditor and Assessor, requesting reduction in the amount of S596,500 assessed value be
granted to Todd Shipyards Corporation for the year 1969-1970, under Section 3-912 of the Municipal Code.
It was stated that Todd Shipyards had expressed its intention to protest a similar assessment by the
County Assessor, and the exemption had been allowed as requested. Mr. Calpestri, City Auditor and
Assessor, stated he had stipulated his office would follow the decision rendered by the County of Alameda
in the matter. He therefore requested that the reduction be allowed by the City.
City Manager Weller, in response to a question, stated this was a reasonable position to take, although
not exactly normal procedure. It would involve a loss of ,11,000 or 612,000 in the estimated ad valorem
tax income.
After some further explanation, the matter was referred to "Resolutions".
11.4( From the Planning Board, signed by the Secretary, recommending the plan advanced by the City Engineer
to provide for widening of Eighth Street from Portola Avenue to Lincoln Avenue be instituted. This plan
was to widen the street on the Washington Park side, leaving the palm trees as a median strip, and on the
east side from Central Avenue to Lincoln Avenue. It was suggested also to extend Eighth Street widened
into the north Webster area in a manner compatible with the concept and plans presented by the Planning
staff in July, 1969.
Mr. Johnson, in response to a question by President La Croix, stated this plan did not appear as a recom-
mendation of the General Plan. He expressed the opinion that, because of the implications involved, the
matter would take considerable staff study and it was premature at this time to make any judgments as far
as the Council was concerned. The Board felt, however, that the matter should be programmed as rapidly
as possible and had so instructed him to submit this letter.
Councilman Longaker expressed concern with regard to the amount of land the proposed route would take
from the Washington School yard. He pointed out recommendations of the General Plan for development of
the area and recommended that the entire matter be laid over for further study.
Mr. Weller stated he agreed that detailed comment on this matter at this time was premature. He reminded
that the General Plan, specifically and explicitly, was represented as a flexible plan in that the City
was under no obligation to accept each and every part of it regardless of the general acceptance of the
concept which, in fact, visualized three alternatives for developing the community; hence, it would not
be possible to accept the Plan in detail. Mr. Weller commented on the particular question of access
routes from the South Shore to the Tube area.
Mr. Weller said he believed what was being requested by the Board was a general direction from the Council
for the development of more detailed plans in conformity with the City Engineer's recommendation, so the
Council at that time might take the matter up and decide finally whether it wished to go so far as the
preparation of plans for acquisition of property, specifications for construction, et cetera.
In summary, Mr. Weller said it was his view that the Eighth Street alignment was infinitely more
sensible, practical, economical and more in the interests of the community than the proposed Ninth
Street Webster Street alignment which was suggested in the General Plan.
Mr. Hanna stated he had prepared a report which had been
with the problem under discussion and also the situation
the Engineering Department had had three alternate . plans
to Central Avenue. It was prepared to complete the plan
Council if this was desired.
distributed to Planning Board members, dealing
at Atlantic Avenue and Webster Street. He said
prepared for several years for Eighth Street up
recommended by the Board and offer it to the
To a question by Councilman Fore, it was stated the general alignment for the Ninth Street configuration
was included in the General Plan and also the extension of Webster Street south, across to Westline
Drive.
In reply to a question, Mr. Hanna said it was opinion, with present -day techniques, that the palm trees
in Washington Park, which would have to give way for the right-of-way, could be saved.
Mr. Frank A. Gottstein, 731 Haight Avenue, suggested that some of the old homes in the block in which
Washington School is located be acquired and demolished to provide additional area for the school yard.
Councilman Longaker stated this was not practical as these homes were east of the school, which had been
designed to exit on to the yard to the west. Mr. Gottstein also suggested that the facilities of Washing-
ton Park could be used for the school athletic program.
Councilman Longaker moved this matter be held over and the Council be furnished with a detailed report
including the proposal of the City Engineer and the recommendations of the Planning Director for the area
under discussion. Councilman Levy seconded the motion which carried on the following roll call vote.
Ayes: Four. Noes: None. Absent: Councilman McCall, (1).
12. From the City Manager, recommending that replacement of a section of a sanitary sewer on the north
side of Encinal Avenue west of Fernside Boulevard be authorized without formal bids, under Section 3 -15
of the City Charter.
Councilman Levy moved the recommendation be approved; that authorization be given for replacement of the
specified sanitary sewer without formal bids, as stated. Councilman Fore seconded the motion which
carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1).
NEW BUSINESS:
13.x' President La Croix brought up a subject which would come before the meeting of the Mayors! Conference
of Alameda County the following evening. It had been proposed that the Conference acquire a paid staff to
be composed of a part -time "Executive Secretary" and a part -time "Secretary- Clerk", to act as a liaison
between the Conference and representatives of the State Legislature. He requested that the other members
of the Council indicate their reaction to this proposal for his guidance in voting on the question.
Councilman Fore said he felt the City should go along with this proposal and moved it be approved.
Councilman Longaker seconded the motion.
President La Croix, for the benefit of the audience, elaborated on the Mayors1 Conference function and
the proposed change.
The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes:
None. Absent: Councilman McCall, (1).
14/ President La Croix then brought up the subject of
accessways to the viaduct in the west end of the City.
He inquired of the City Manager where the City stood in
would get the proper accessways to the proposed viaduct
the anticipated Southern Crossing and the proposed
Pacific Avenue had been indicated as an accessway.
its "bartering" with the State in being sure it
and then onto the bridge.
Mr. Weller stated he believed the staff of the Division of Bay Toll Crossings had been in close touch
with the City Engineering and Planning Departments over a period of ten or twelve months. He felt this
was still the case and the evidence suggested the State had been quite cooperative within the frame of
its point of view in what must be accomplished. He believed the State people had shown they were prepared
to discuss reasonably with the City any requests it might have as to relocations, on -off ramps and that
type of thing, and he felt this situation would continue to exist up to the point where the design is frozen.
President La Croix inquired of the City Engineer if the City would receive, for approval by the Council
prior to its adoption, the proposal as to the location of accessways. Mr. Hanna stated he believed a
public hearing would be held in Alameda for that purpose.
Mr. Weller suggested if there was any direction the Council wished to give the City Engineer on this
subject, this be done prior to the public hearing as the routes would tend to be pretty well fixed in
the minds of the State staff at the time of the public hearing and might be difficult to dislodge at
that point.
Mr. Hanna, on request, reported briefly that he was working with the Planning Department and also, along
the guidelines of the General Plan, had met with the Toll Crossing engineers and made comments, sugges-
tions and criticisms of their plan. The State engineers had promised to study his written comments and
report back as to the way they felt about the suggestions, and the report was long overdue.
Mr. Hanna stated the principal difference was that the State was allowing for half as many on and off
ramps as the City representatives felt there should be. The State wanted one on and off at each end;
for example, one could get on at Pacific Avenue on the Naval Air Station side and go southerly on the
Crossing, and come down on to City streets from San Francisco or San Leandro at that point. The next
on and off ramp would be in the vicinity of Singleton Avenue. Alamedans wishing to go to Walnut Creek
481
would have to go along Main Street almost the full length and then get on, whereas the City offices
would prefer that they could get on in the vicinity of Atlantic or Pacific Avenue. One problem was
that these on and off ramps would be fairly close together. Suggestions had been offered and specific
requests made, as well as some questions about landscaping, night lighting, signalization, et cetera.
He felt they were valid requests and these were what the State was trying to answer.
Mr. Hanna was requested to furnish any additional information he might be able to provide for the
Councills study.
RESOLUTIONS:
15. The following resolution was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7562
Ordering Cancellation of Personal Property Taxes Erroneously Levied."
(Todd Shipyards Corporation)
The motion to adopt said resolution was seconded by Councilman Levy.
Councilman Longaker raised questions as to the actual type of facility involved in this matter, with
Mr. Cunningham speaking in clarification thereof.
The question was then put and the motion carried on the following roll call vote. Ayes: Three. Noes:
Councilman Longaker, (1). Absent: Councilman McCall, (1).
16. The following resolution was introduced by Councilman Levy, who moved its adoption:
"Resolution No. 7563
Adopting Specifications, Special Provisions and Plans for Culvert
Construction at Jackson Street and Court Street, Calling for Bids
and Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman Longaker and on roll call carried by the
following vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1).
17./ The following resolution was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7564
Adopting Specifications for Furnishing to the City of Alameda One
(1) New, Model G Type Standard Tractor and One (1) New, Model G
Type Standard Tractor with Power Take-Off and 3-Point Hitch, Calling
for Bids and Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman Longaker and on roll call carried by the
following vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1).
The following resolution was introduced by Councilman Levy, who moved its adoption:
"Resolution No. 7565
Authorizing Execution of Modification of Contract No. N62474-67-
C0153 (Modification No. P-011) Relating to Special Services Furnished
by City to U. S. Navy Off-Station Public Quarters."
The motion to adopt said resolution was seconded by Councilman Longaker.
On request, Mr. Weller reviewed the Contract between the City and the U. S. Navy for the special services
furnished. He explained the method of arriving at the amount due.
The question was put and the motion carried on the following roll call vote. Ayes: Four. Noes: None.
Absent: Councilman McCall, (1).
The President declared the foregoing Resolutions adopted.
INTRODUCTION OF ORDINANCES:
19. 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 to introduce said ordinance was seconded by Councilman Longaker and carried on the following
roll call vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1).
20. Councilman Longaker moved the following ordinance be introduced, after which it would be laid over
under provision of law and the Charter:
tTOrdinance No.
New Series
Amending the Alameda Municipal Code by Amending Sections 16 -617
and 16-619 Thereof, Relating to Issuance of Private Patrol System
Permits . !!
The motion to introduce said ordinance was seconded by Councilman Fore.
Mr. Cunningham, on request, explained that the regulations in the Code on private investigators had
been drawn up many years ago and had not been changed since. The principal reason for the change at
this time was that one of the requirements stated that an application for a license for a private
patrolman must be denied if the territory sought was included in an already existing permit. The
City had one permittee whose territory was the entire City, thus eliminating all competition in the
field. There had been a case which had held that this was an invalid provision.
A Hearing had recently been conducted by Mr. Goss which brought this point to light and this was the
motivating factor behind the suggested change before the Council. Several other requirements were
being strengthened at the same time.
After a short discussion, the question was put and the motion carried on the following roll call vote.
Ayes: Four. Noes: None. Absent: Councilman McCall, (1).
BILT S :
21. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total'
amount of 593,966.74, 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 Novem-
ber 4, 1969, 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: Four. Noes: None.
Absent: One.
ORAL COMMUNICATIONS, GENERAL:
22. Mr. Gottstein mentioned an article in the Alameda Times -Star with regard to a storm sewer problem
at the south end of Webster Street where a new apartment complex was under construction. He inquired
why it was necessary for the sewer to go into the lagoons.
President La Croix stated a meeting had been held with all interested parties on the problem.
Mr. Weller said this was a distressing thing which periodically came up with press coverage. The
letter which had been referred to was approximately a month old and it had been printed as current news.
The question raised in the letter had been resolved and he could not understand the press running
articles of this type without taking the trouble to find out the facts. Mr. Gottstein was informed the
sewer would not be run into the lagoon.
Mr. Gottstein also inquired if he had understood Mr. Hanna to say there were no storm drains into the
existing Webster Street storm drain sewers. Mr. Hanna said this was not correct.
FILING:
23. Specifications No. PW 11 -69 -18 - Construction of Culverts at Jackson and Court Streets.
24. Specifications No. MS 11 -69 -10 - Two New Tractors for Golf Department.
25. Modification No. P -011 - re Special Services Furnished to U. S. Navy Off- Station Public Quarters.
26.° President La Croix stated he had inspected the new Detective- Juvenile area of the Police Depart-
ment, and an outstanding job had been done in the remodeling.
ADJOURNMENT:
27. There being no further business to come before the meeting, the Council adjourned, to assemble in
regular session on Tuesday evening, the 18th day of November, 1969.
Respectfully submitted,
City Clerk