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1965-10-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING OCTOBER 19, 1965 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- glance was led by Councilman Bartley and was followed by an inspiring Invocation delivered by The Reverend Rabbi Gunther Gates of Temple Israel. ROLL CALL: The roll was called and Councilmen Bartley, La Croix, Jr., McCall, Rose and President Godfrey, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held October 5, 1965, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Davis & Craig, Attorneys for Bay Farm Island Reclamation District No. 2105, signed by Mr. James B. Davis, requesting approval of a Warrant in the sum of $156,745. to reimburse the Revolving Fund Account of said District. The matter was referred to "Resolutions ". 3. From San Francisco Bay Conservation and Development Commission, signed by Mr. Melvin B. Lane, Chairman, concerning the procedures for Bay Fill Projects and requesting information about certain requirements of the City in this respect. The President asked that the letter be answered by the City Attorney, informing the "Commission" of the City's Fill Permit ordinance and also including information concerning certain contracts with the City covering off -shore projects. 4./ From Hersh & Hadfield, Attorneys, signed by Mr. James D. Hadfield, reporting on the progress to date in the contemplated development of the Estuary Apartments on the site of the former Estuary Housing Project. The Clerk was to acknowledge the letter with thanks and to indicate the Council's continued interest in being kept informed on this issue. ORAL COMMUNICATIONS: 5. Mrs. Helen L. Freeman, 831 Laurel Street, referred to the communication from San Francisco say Conservation and Development Commission and requested that she be sent a copy of the reply thereto by the City Attorney. Also, that a copy of said reply be sent to the Alameda Conservation Associa- tion, Box 341, Alameda. Further, Mrs. Freeman asked for a copy of the contract between the City and Shore Line Properties, Inc., covering the Fill Permit. These items were to be furnished. HEARINGS: 6. The matter was called up with regard to the requested reclassification of certain property situ- ated at the southerly end of Webster Street, more specifically described in the application, from the "R -5 ", General Apartment District, to the "C -2 ", Central Business District. The petition was filed by Morrison Bros. Improvement Co. The Planning Board had recommended approval of said rezoning. The Clerk stated the Affidavit of Publication of the Notice of Hearing in this case was on file. Also, copies of the minutes of the meeting of the Planning Board at which this application was con- sidered had been forwarded to the Councilmen for their information on the subject. Upon request, Mr. Donald Johnson, Planning Director, reviewed the history of this matter. He pointed up that the approval of the Board had been unanimous and there had been no protests against the pro- posed reclassification. The area in question was slightly less than one acre, and was to be used solely for a parking lot for a proposed super market. The City Attorney was then called upon and he stated that the legal issue before the Council was whether or not the findings and recommendations of the Planning Board in its advisory report based upon Section 11 -175 of the Alameda Municipal Code should be approved, modified or disapproved. The President called for the proponents of the question and Mr. James B. Davis, Attorney, represented the Petitioner. He stated that Mr. Dudley Frost, Jr., of Morrison Bros. was present to clarify any questions there might be. Mr. Davis also emphasized that Mr. Hugh Roach, 341 Central Avenue, had informed him that the West Alameda Association, Inc., had endorsed the project. In addition, Mr. Victor Hanson of the Webster Street Merchants was also present. Mr. Davis stated there was no opposition to the proposed development. Upon inquiry, there were no opponents to the matter. The President then declared the Hearing closed. During the course of the discussion then entered into by the City Council, Councilman McCall questioned the use of "McKay Avenue" by the Developer in his establishment and inquired how he would work this out with the State since it was one of the main entrances to the Alameda Memorial State Beach. He said his concern was that nothing interfere with the Beach development. 453 Mr. Frost explained that his firm had a sixty-foot non-exclusive right-of-way. He said he understood the Federal Government also reserved to itself this same easement. He stated this provision was con- tained in his company's title records. Councilman McCall requested that the City be furnished with a letter from the State Division of Beaches and Parks containing a statement to the effect that this project would, in no way, interfere with the development of the State each or any of the entrances it might have from Central Avenue. Mr. Johnson emphasized that the Developer had the easement as stated earlier and, therefore, had the right to use this access way regardless of a zone change or not. There was considerable discussion on other technical points raised. Councilman McCall felt the matter should be laid over until the letter requested by him had been received from the State Division of Beaches and Parks. He wanted the City to be definitely assured that there would be no chance whatso- ever of this phase of the development being a stumbling block to the improvement of the State Beach. It was pointed out that the subsequent action at this meeting would be the introduction of the ordi- nance to reclassify the property as requested by the Petitioner and recommended by the Planning Board. Then, during the interim between this date and the next meeting of the Council, at which time the ordinance could be passed, it was hoped that the desired letter would have been received from the State Division of Beaches and Parks. Councilman La Croix then moved the recommendation of the Planning Board be upheld and the property in question be reclassified as requested. The motion was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Councilmen Bartley, La Croix and President Godfrey, (3). Noes: Councilmen McCall and Rose, (2). Absent: None. The matter was then referred to "Introduction of Ordinances". REPORTS OF OFFICERS, BCARDS, ETCETERA: V/ 7. From the Auditor and Assessor, requesting the refund of certain personal property taxes to Sunbeam Appliance Service Co. of Chicago, Illinois, and to Mr. John H. Graves of El Cerrito, California. The matter was referred to "Resolutions". 8. From the City Manager, recommending contract be awarded to Jardin & Jardin, low bidder, for the project of Installing a Storm Sewer in Fernside Boulevard and Thompson Avenue at the total cost of $21,215.60. Councilman Rose moved the recommendation be approved; that the contract be awarded to the designated firm for the project as specified at the price quoted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 9.' From the City Manager, submitting an Amended Final Map of Tract No. 2730, Casitas Alameda, Bay Farm Island, prepared by Jones-Thenn & Associates for Shore Line Properties, Inc. - for consideration and approval by the City Council. The matter was also referred to "Resolutions". 10• From the Public Utilities Board, signed by Mr. L. F. Randall, Secretary, requesting consent to the sale of certain scrap material. This matter, too, was referred to "Resolutions". 11Y From the College Site Study Committee, signed by Mr. Eric Essex, Chairman, recommending the Coun- cil approve "Site G" on Map No. 5760 of the City Engineer, commonly known as "U. C. Property", for one campus of the Peralta College District. The matter was referred to "Resolutions". INTRODUCTION OF ORDINANCES:. 12. Councilman Bartley introduced the following ordinance, after which it was laid over under provi- sion 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, New Series." (South- westerly of Intersection of Webster Street and Central Avenue) UNFINISHED BUSINESS: 13.v Councilman McCall said he had received many inquiries about Fillmore, Calhoun and Court Streets. He spoke of the deplorable the Council should initiate the formation of an assessment distri Mr. Hanna explained that plans were complete for the improvement on Bay Farm Island. The next step was the employment of special necessary assessment district. the program for the improvement of condition of these streets and felt ct to take care of said improvements. of these streets, including a number legal counsel to establish the Councilman McCall cited many other areas in which street improvements and better street lighting should be carried out. He emphasized the fact that most property owners did not realize they must bear the cost of such improvements and it was not the responsibility of the City to provide these improvements. Councilman McCall then moved the Council authorize the employment of special counsel for setting up an assessment district to cover those areas in the southeasterly section of the City and certain streets on Bay Farm Island, as outlined by City Engineer Hanna. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. NEW .BUSINESS: 14:' The President referred to a plaque recently presented to Mr. Albert W. Spadoni by the Western Plumbing Officials' Association which he read, as follows: The Sixth Annual Service Award to ALBERT W. SPADONI in Appreciation for His Leadership and Service on Behalf of the.Membership - dated September 30, 1965. President Godfrey remarked that the presentation of this plaque paid a great compliment not only to Mr. Spadoni, but also to his immediate boss, Mr. Hanna - and, further, to the City of Alameda - as this plaque was given only once a year to one man for his service in this dis- trict, which was comprised of the eleven Western States, Hawaii and Canada. The President commended Mr. Spadoni and asked Mr. Hanna to convey the compliments of the City Council to him. RESOLUTIONS: 15. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6862 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model Station Wagon and Three (3) New, Latest Model Two -Door Sedans (Compacts), All with Standard Transmission, 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. 16,/ At this point, the meeting was referred back to "New Business" - and Councilman Bartley expressed his opinion that the automobile currently used by the City Manager - which was also the official car of the City Council - was in very poor condition and should be replaced by a new automobile which would have more prestige in appearance and, certainly, be more mechanically efficient in operation. It was felt the City should have a more impressive automobile for its official use in the accommoda- tion of visiting dignitaries. It was suggested to Mr. Weller that he have the necessary specifica- tions drawn up for procuring a proper type of vehicle. The meeting then continued under "Resolutions ". 17. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6863 Approving Warrant of Board of Trustees of Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent:. None. Councilman Rose felt the Council should have more information with regard to these requests. He sug- gested that, in the future, the letter set forth that the requested amount had been properly author- ized by the Board and was so indicated in the minutes of a certain meeting of the District. 18. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6864 Amending Salary and Position Resolution No. 6821 by Creating One (1) Additional Position of Intermediate Clerk in the Library Department." 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. 19. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6865 Ordering Cancellation and Refund of Personal Property Taxes Erroneously Collected." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 20. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 6866 Consenting to Sale of Obsolete Personal Property by Public Utilities Board for Sum Exceeding $3,000.00." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 455 21. "Resolution No. Approving Amended Final Map of Subdivision Tract No. 2730." Councilman Rose inquired if this resolution could be laid over to the next meeting. He stated he had not had the opportunity to adequately review the details of the changes shown on the Map indi- cated and he had some questions about certain dimensions involved. Councilman La Croix moved this resolution be held over to the Council meeting to be held November 2, 1965, in order that the Councilmen might be able to satisfy themselves about the details of said Map and, too, that the increased sizes of several of the lots be shown in the additional square footage measurements. The motion was seconded by Councilman Rose. City Engineer Hanna explained the two types of minor changes proposed to be made on the Map under consideration. Mr. Johnson, Planning Director, also clarified certain points. The question was then put and the motion carried by the following roll call vote. Ayes: Four. Noes: Councilman Bartley, (1). Absent: None. The resolution will be presented for further consideration by the Council at its next regular meeting. 22. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 6867 Approving, Upon Recommendation of the Site Study Committee, Location for Alameda Campus of Peralta College." The motion to adopt said resolution was seconded by Councilman La Croix. Councilman McCall expressed his strong disapproval of statements made in a newspaper article this evening, indicating that if the "U. C. Property" could not be procured, then reconsideration would be given to use of certain sites of Bethlehem Shipyards property or to joint use of the Alameda Memorial State Beach. He resented these implications because said sites had not been agreed upon by the City Council. President Godfrey concurred that all of the Councilmen were upset by this. He emphasized that the City Council had never been happy about any thought of using the "Bethlehem" property and, most importantly, the City Council had time and time again publicly stated that it would not, under any conditions, consider any part of the Alameda Memorial State each being used for a campus of the Peralta Colleges. He further stated that, after making these observations publicly, the City Council went to Sacramento to ascertain if there was any possibility of the City being pre - empted by the State. The City Council was emphatically told by the authorized officials in Sacramento that no other agency would ever be allowed to touch the State Beach. Yet, in the newspaper article today this implication was given by the Trustees of Peralta Colleges. Also, a report by the Alameda Con- servation Association had indicated openly that it did not trust the City Council or believe what it had said repeatedly that it would not consider touching said Beach Park area. The President pointed up, too, the fact that the Site Study Committee appointed by this City Council had unanimously recommended only said "Site G" as being the one favorable locale for the Alameda Campus of said College District. Councilman McCall mentioned that he had not understood that any of the area recommended for the college site was outside the boundaries of the University of California property - and that said area included about fifteen acres of additional land on which the outdoor movie currently operated. During the course of further discussion of this subject, it was developed that the State had said it would require one hundred fifty acres for a college campus. The Board of Trustees of Peralta College District had indicated it could accept an area of one hundred acres - and the Site Study Committee had recommended this site, comprised of approximately sixty -one acres, hoping it would be acceptable for the Alameda College Campus. The opinion was also expressed that if the City were successful in having a campus established here, the advantages to accrue from this installation would more than offset the loss of taxes from the fifteen acres of private property to be acquired. The question was then put and the motion to adopt said resolution carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6868 Adopting Specifications, Special Provisions and Plans for Culvert Reconstruction on Gibbons Drive at Northwood Drive, Southwood Drive and Yale Drive, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President then declared the foregoing resolutions adopted as indicated. FILING: 24. Auditor's Financial Statement - City of Alameda, as at September 30, 1965 - Verified by Hackleman, Larzelere & McKenna. 25. Specifications No. MS 10 -65 -17 - Furnishing One (1) New, Latest Model Station Wagon and Three (3) New, Latest Model Two -Door Sedans (Compacts), All with Standard Transmission. 26. Specifications, Special Provisions and Plans No. PW 10 -65 -29 - Culvert Reconstruction on Gibbons Drive at Northwood, Southwood and Yale Drives. BILLS: 27. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $21,245.60, 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 McCall moved the bills as itemized in the List of Claims filed with the City Clerk on October 19, 1965, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. The President stated that, if there were no objections, he would call the Council into an Execu- tive Session at this time in the Conference Room, for discussion of certain personnel matters. It was so ordered. ADJOURNMENT: 29. Following this session, and there being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, November 2, 1965, at 7:30 o'clock. Respectfully submitted,