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1965-01-19 Regular CC Minutes344 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING JANUARY 19, 1965 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman Rose. ROLL CALL: The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held January 5, 1965, and the special meeting held January 12, 1965, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Alameda Woman's Civic Affairs Committee, signed by Mrs. Elinor Coffman, concerning the fill- ing of marsh and tidelands on Bay Farm Island which would comprise Reclamation District No. 2105. 3Y At this point, Councilman Freeman remarked that Mrs. Elsie Roemer, 1556 Everett Street, had two letters she wished to read into the record and asked if she could do so at this time. Mrs. Roemer stated the letters pertained to the subject of Mrs. Coffman's communication - one being from the United States Department of the Interior, Fish and Wildlife Services, dated January 4, 1965, addressed to the District Engineer, U. S. Corps of Engineers, San Francisco - with reference to Public Notice 65-33, and the other from the State Department of Fish and Game, dated January 11, 1965, and likewise addressed. She proceeded to read in full the lengthy letters and stated she would furnish the Councilmen with copies thereof. The Clerk was asked to acknowledge the letter from Mrs. Coffman. 4. From Alameda Chamber of Commerce, signed by Mr. Ralph M. Smith, General Manager, submitting copy of Resolution No. 6502, adopted by its Board of Directors relative to the Southern Bay Crossing, endorsing the bridge from Potrero Point, San Francisco, to Alameda. Councilman Rose expressed his surprise and disappointment in the Chamber's action without having given the City officials or staff an opportunity to meet with it during its Hearings on the subject. Councilman La Croix extended the apologies of Messrs. Ralph Smith and Sumner Graham, General Manager and President, respectively, of the Chamber of Commerce, for their inability to be present at this meeting to discuss said matter with the City Council. Councilman Rose questioned and objected to many points included in the resolution as the basis for the Chamber's endorsement. Councilman Rose moved the City of Alameda reaffirm its complete opposition to the construction of any bridge from any place in San Francisco to any place in the City of Alameda. The motion was seconded by Councilman La Croix. Speaking on the question, Councilman McCall registered his thinking on the subject - stating that he was not in favor of a bridge terminus in the City of Alameda but if it were to be, he wanted the City to be able to designate its location. He called attention to the meeting of the California Toll Bridge Authority to be held next Monday, January 25, 1965, in Sacramento, for the purpose of discuss- ing recommended locations for said Southern Crossing of San Francisco Bay. He felt the City should be represented by an official delegation at said meeting in order to place itself in a "bargaining" position. Councilmen La Croix and Freeman voiced their complete objection to a bridge terminus anywhere In the City of Alameda. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. The Clerk was instructed to acknowledge the letter from the Alameda Chamber of Commerce. President Godfrey explained that there was the possibility of the Toll Bridge Authority meeting being postponed and he would contact the Councilmen as soon as he knew just when said meeting would definitely be held in order that the City might be represented. 5V From the City of Livermore, signed by the City Clerk, submitting a copy of its Resolution No. 3-65, "Urging Selection of Camp Parks as the Site for Atomic Energy Commission Accelerator Installa- tion". It was requested that all interested persons support this action. The City Manager was requested to contact City Manager Parness or Mayor Shirley of Livermore to ascertain what action the Alameda Council could take which would be most effective. Councilman McCall felt that since the City of Livermore was hopeful of procuring this installation at Camp Parks to stimulate its economy, possibly a resolution in support of its request could be adopted, subject to Mr. Weller's confirmation after his consultation with Mr. Parness. Councilman McCall moved that such a resolution be prepared and adopted. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Resolutions". ORAL COMMUNICATIONS: 6. Mr. David A. Long, Attorney for the Triangle Club, which represented the Police and Firemen of the City of Alameda, addressed the Council with regard to the pension ordinance proposed to be sub- mitted to the electorate at the coming Municipal Election. It had been requested at the last Council meeting that the actuaries be given an opportunity to study the provisions of said ordinance. They were then to submit a report and indicate at this meeting whether or not they would support said proposition. Mr. Long stated the report had been received, which was favorable, and the Triangle Club was willing to endorse the passage of this amendment to the pension ordinance. He then called upon Mr. Robert Cowell of the firm of Carroll, Davis, Burdick and McDonough, Actuaries, who explained the minor change in the language of the ordinance which he thought clarified the intent. 7. Mr. Charles T. Travers, Vice President of South Shore Center, spoke of certain meetings of the San Francisco Bay Conservation Study Commission. He referred to his testimony given at the Hearing held by said Commission on November 2, 1964, which had been augmented by further testimony in his communication dated November 27, 1964. This outlined a form of procedure for handling matters in connection with Bay Fill. He thereupon filed said communication. Mr. Travers commended the City of Alameda for having on file its general plans for the development of its shoreline. 8k7 Mr. Charles A. Russell, 1021 Regent Street, referred to the article which recently appeared in the Alameda Times-Star that Assemblyman Robert W. Crown had been informed by the Legal Counsel of the State Legislature that the Charter amendment concerning the Redevelopment Program in the City of Alameda was illegal by virtue of the State having pre-empted the field. This had been adopted by vote of the people at a special election held June 30, 1964. This broached a lengthy review and discussion of the history of the circumstances involved in this issue. The Council was reluctant to request Assemblyman Crown to submit the City's Concurrent Reso- lution for ratification of said Charter amendment when it had been ruled illegal. Mrs. Inez Kapellas, 1128 College Avenue, also addressed the Council on the subject. After further discussion, Councilman Freeman moved Assemblyman Crown proceed according to law and present the Charter amendment as submitted for ratification of the State Legislature. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Councilmen Freeman, La Croix and President Godfrey, (3). Noes: Councilmen McCall and Rose, (2). Absent: None. It was developed that the question of legality would have to be determined by a Court of Law. 9. Mr. G. N. Pope, 1820 Bay Street, claimed there was a loophole in the Subdivision Ordinance which allowed abuse of regulations in the development of certain tracts, because he felt it was in conflict with the Zoning Ordinance. 10. v Mr. Frank Gottstein, 731 Haight Avenue, felt the Council should act to have the Alameda Belt Line tracks which crossed Webster Street removed. 11. Mr. Hector Buchan, 974 High Street, referred to the bad condition of Fillmore Street along the site of Frank Otis School. He pointed out the children had to cross this muddy street all during the rainy weather and he thought it was indeed time this street was paved. Upon request, City Engineer Hanna reviewed the situation and stated one method of effecting proper results would be for the Council to set up an Assessment District to have this street and certain others in the immediate area improved. There being no objections, Mr. Hanna was directed to start the proceedings for the formation of an Assessment District and also to report on the adjacent streets which should be included in this project. HEARINGS: 12. The Matter was called up concerning the Adoption of a Precise Section Element of the Master Plan labeled, "Fernside Boulevard Extension, Otis Drive to Encinal Avenue". The Clerk stated the Affidavit of Publication of the Notice of said Hearing was on file. Also, copies of the minutes of the meeting of the Planning Board at which this matter was considered had been sent to the Councilmen for their information. Further, the Planning Board had recommended adoption of this plan. The Clerk also read in full a letter dated January 19, 1965, from Bay View Development Corporation, signed by Mr. F. B. Fernhoff, President, registering the objection of said Corporation to the adoption of the specified precise plan on the grounds that it would result in the taking of a large portion of the firm's property to its great loss and damage and result in great damage to the remaining property of said Corporation. This communication had been filed with the Clerk by Mr. Fernhoff just prior to the convening of this Council meeting. Upon request, Mr. Johnson, Planning Director, reviewed in general the factual data involved in this case. He concluded by stating that the result of adoption of said plan as recommended was simply putting both the property owners in the area and the City "on notice" that this was what the City intended to accomplish eventually - not necessarily that construction must be started immediately, or that property acquisitions must be made at once. City Engineer Hanna then reported in detail on the engineering and technical aspects of this improve- ment. He referred to large-scale drawings posted which indicated the major streets in the easterly section of the City and the proposed continuation of Fernside Boulevard. He said the recommended width was eighty-eight feet. City Attorney Cunningham then stated the legal issue before the Council was to consider and pass on a proposal heretofore submitted by the Planning Board to extend Fernside Boulevard from Otis Drive to Encinal Avenue and to determine whether said extension should be adopted as a precise element of the City Master Plan. Upon the call for proponents in this matter, Mr. Buchan spoke in favor of said extension and felt there had been too long a period of delay in accomplishing this plan. The opponents were then called for and the following spoke on the subject: Mr. Fernhoff, President of Bay View Development Corporation, and also its Legal Counsel. His principal protest was that his Corporation could nOt achieve final engineering in the development of its subdivision until it was assured that the adoption of this Precise Section Element was an 'exact" plan of the proposed boulevard extension. Mr. Joseph Cervelli, 3300 Encinal Avenue, and Mrs. Marjorie Mann, 3286 Encinal Avenue, also spoke. Mr. Johnson endeavored to clarify many phases of the discussion which ensued with regard to (1) the flexibility of width of said thoroughfare between eighty and eighty-eight feet; (2) the question of sidewalks on each or only one side of said street extension and (3) the possibility of houses "fronting" or "backing" on said extension. There being no further speakers, the President declared the Hearing closed. Following further dis- cussion, Councilman La Croix moved that the alignment of Fernside Boulevard between Encinal Avenue and Otis Drive as shown on Drawing No. 5188-Cr Case 51, of Engineering Department, be set and accepted as recommended by the Planning Board and that a minimum width of eighty feet and a maximum width of eighty-eight be established. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Resolutions". REPORTS OF OFFICERS, BOARDS, ETCETERA: 13. From City Manager, reporting all work satisfactorily completed on the project of Constructing a Storm Sewer in Walnut Street from Lincoln Avenue to Santa Clara Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be approved; that work on the specified project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 14' City Manager, recommending contract be awarded to A. C. Bashnick, low bidder, for the project of Installing a Storm Sewer on Broadway from Calhoun Street to La Jolla Drive, at total cost of $41,554. Councilman La Croix moved the recommendation be adopted; that contract be awarded to said bidder for the specified project at the cost quoted. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 15. From City Manager, recommending contract be awarded to Manuel C. Jardim, low bidder, for the project of Installing Storm Drains on Maitland Drive between Doolittle Drive and Golf Course Memorial Road, at the total cost of $1,475. Councilman La Croix moved the recommendation be followed and the contract be awarded to the desig- nated bidder for the project indicated at the price quoted. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16:( From the Planning Board, signed by the Secretary, recommending approval of the Tentative Map of Tract No. 2707, subject to the conditions contained in the City Engineer's Report, dated Decem- ber 22, 1964 - and with specific exception to Sec. 11-3119(a) of Ordinance No. 1208, New Series, to allow for lots of less than five thousand square feet. The property was located on Westline Drive and Westline Way northerly of Otis Drive. Councilman McCall moved the Council accept the recommendation of the Planning Board and approve the Tentative Map for Tract No. 2707, subject to conditions as set forth in its letter dated January 14, 1965. The motion was seconded by President Godfrey. Speaking on the question, Councilman Freeman stated she could not approve sub-standard size lots and raised other questions pertinent to the development of this Tract, particularly inquiring if the Board's findings included "hardship" as a reason for allowing this type of improvement. Upon request, Planning Director Johnson reviewed the history of this proposed development. He clari- fied the point that the development of said Tract in this "Couplet" manner was approved under excep- tions because of its "unusual" circumstances. Councilman La Croix also questioned the construction of this type of duplex rather than developing the parcel with single-family homes. The question was then put and the motion carried on the following vote. Ayes: Councilmen McCall, Rose and President Godfrey, (3). Noes: Councilmen Freeman and La Croix, (2). Absent: None. UNFINISHED BUSINESS: 17. Councilman Rose referred to the memorandum from Mr. Weller reporting on the fiscal condition of the City of Alameda as at December 31, 1964. He expressed his commendation of Mr. Weller's excellent management of City affairs as reflected in the balanced budget. The Council concurred. 18. Councilman Freeman referred back to the communication from the Alameda Woman's Civic Affairs Com- mittee, dated January 12, 1965, with regard to the filling of certain lands on Bay Farm Island. She had certain questions on which she wanted Assemblyman Robert W. Crown to seek an opinion from the State Legislative Counsel. She said she felt the Council had been misled in the matter of the Bay Farm Island development by Shore Line Properties, Inc., and that it should review the entire case, including the Fill Agreement. 19. v Councilman Freeman also referred to a list of deeds covering tidelands sold through tax deeds and requested that said deeds be procured from the Court House. She felt this would resolve the question of exactly what area and circumstances covered the sale. NEW BUSINESS: 20. The Clerk read a prepared statement concerning the Arguments for and against Proposed Charter Amendments to be submitted to the Electors at the Alameda General Municipal Charter Amendment Election to be held March 9, 1965. The deadline for receipt of such Arguments was set for 500 o'clock p.m., Friday, February 5, 1965. Following the advice of Mr. Cunningham, there was some discussion about who would be designated to write the arguments in favor of the measures and proposition to be on the ballot. Councilman McCall then moved the City Council authorize Councilman Rose to write said argument in favor of Proposition I, the amendment to the Police and Fireman's Pension Ordinance. The motion was seconded by Council- man Freeman and carried on the following roll call vote. Ayes: Four. Noes: None. Not Voting: Councilman Rose, (1). Absent: None. Councilman Rose then moved that Mr. Herman J. Kihn, Chairman of the Citizens Advisory Committee for Charter Revision, be authorized to write the arguments in favor of Measures "A", "B", "C" and "D", covering.the proposed revised Charter and certain alternate amendments thereto, to be submitted to the electorate in the coming Municipal Election. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Councilmen La Croix, McCall, Rose and President Godfrey, (4). Noes: None. Not Voting: Councilman Freeman, (1). Absent: None. RESOLUTIONS: 21. The following resolution was introduced by Councilman La Croix, who moved it s adoption: "Resolution No. 6733 Adopting Precise Section Element to Master Plan (Fernside Boulevard Extension, Otis Drive to Encinal Avenue)." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced'by Councilman La Croix, who moved its adoption: "Resolution No. 6734 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model 1/2-Ton Pickup Truck for Golf Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. V 23. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6735 Resolution of the Council of the City of Alameda In Memoriam to Commander Henry T. Stanley, Jr., United States Navy "WITH PROFOUND SORROW, the Council of the City of Alameda records the tragic death of one of its fine citizens, COMMANDER HENRY T. STANLEY, Jr., Pilot in the United States Navy, stationed aboard the USS Midway. "WHEREAS, Commander Stanley, in the performance of his duties, had been on a training flight and was flying over certain residential and school sites of the Cities of Hayward and Fremont on his return to Alameda Naval Air Station when his plane suddenly developed engine failure; and "WHEREAS, Commander Stanley unhesitatingly altered the course of his aircraft toward the less populated and. open areas of the foothills and then, without thought for himself, stayed with his aeroplane to guide it and thus prevented the catastrophe of its falling into the homes or schools in the vicinity. "NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Alameda pays homage to the memory of Commander Stanley for his valorous act in protecting the lives of hundreds of people in this dire emergency; and "BE IT FURTHER RESOLVED that the Council of the City of Alameda hereby expresses its genuine recognition of the ultimate personal sacrifice offered by Commander Stanley on behalf of his fellow man. "BE IT FURTHER RESOLVED, that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Commander Stanley in order to extend to its members a sincere expression of condolence in their bereavement. "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of COMMANDER HENRY T. STANLEY, Jr., UNITED STATES NAVY." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 24. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6738 Accelerator Installation." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President then declared all of the foregoing resolutions adopted. At this point, Councilman McCall .spoke of the recent death of Mr. Rene G. Coombes, eighty years old, former Fireman who had retired from the Alameda Fire 'Department on November 1, 1943. He aug- | 8antad a letter of condolence be sent to Mr. Coombes' family, and that he be included in the observance of respect at the close of this meeting. FILING: 26. Specifications No. MS 1-65-1 - Furnishing Pickup Truck for Golf Department. 27. Auditor's Financial Report - City of Alameda as at December 31, 1964 - Verified by 8acklemau, BILLS:� 28. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $28,339.65, 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 La Croix moved the bills as itemized in the List of Claims filed with the City Clerk on was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 29. President Godfrey explained that the Council had planned to go into another work session to continue its discussion of the Capital Outlays Program, following this meeting. However, in view of the late hour, he suggested another time for said meeting be determined upon. It was finally decided that a special meeting would be called for the purpose of continued discussion of the Capital Outlays Program on Wednesday evening, January 27, 1965, at 7:00 o'clock p.m., in the Council Chamber. 30. The President then called up the audience for a moment of silence in observance of the death of and in respect to the memory of Commander Henry T. Stanley, Jr., USN, and Mr. Rene G. Coombes, Retired Fireman. ADJOURNMENT: 31. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, February 2, 1965, at 7:30 o'clock. Respectfully submitted, u