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1964-01-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING JANUARY 21, 1964 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Allegiance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by The Reverend Father Patrick J. O'Brien, Pastor of St. Philip Neri Church. 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 7, and the special meeting held January 15, ,1964, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From The Jack Lubbock Family, 3251 Thompson Avenue, expressing appreciation for the street- tree lights during the Holiday Season which were enjoyed by many. The letter was to be acknowledged and filed. 3v7 From Mr. Glen A. Stewart, 1010 College Avenue, in complaint against the condition of the . chairs and ashtrays in the Council Chamber and urging the Council to take necessary action to replace the seats. City Engineer Hanna explained that his department had checked the seats in the Council Chamber and had made the necessary repairs. The Clerk was to acknowledge Mr. Stewart's letter, informing him accordingly. 4. From Mr. D. S. Mauhard, 3222 Fairview Avenue, in opposition to the suggested restriction of water-borne Estuary traffic. � 5. From Aeolian Yacht Club, signed by Mr. J. R. Chamberlin, Secretary, submitting the members' endorsement of the Club's petition to the City Council that it oppose any action which would restrict movement of vessels on the Estuary. The Clerk was instructed to inform Mr. Manhard and the Aeolian Yacht Club that the City was cur- rently in the process of having a survey made to ascertain the extent of the boat traffic during the peak vehicular traffic hours and how much interference there might be, if any, due to the bridges being open. The City had taken no position in the matter as yet. 6.1/ From the Alameda Junior Women's Club, signed by Mrs. Carol Bryant, Corresponding Secretary, concerning its volunteer work and financial support - together with the efforts of the Alameda Jaycettes - in the establishment of the Alameda Special Training Center for Retarded Children, as contained in the December, 1963, Monthly Letter of the East Bay Association for Retarded Children. The communication was noted and ordered acknowledged and filed. ORAL COMMUNICATIONS: 7. Mr. Richard p. Schacht, Attorney, representing the group .of property owners concerned with the improvement of Garden Road, reported on the status of the situation at this time. Be stated that Mrs. G. Stanger, owner of the lot at 57 Garden Road, had been sent the required notice in this matter and was present at the meeting. Mr. Schacht also explained that Mr. Charles Fryman, 101 Garden Road, had not been able to procure his anticipated financing to date and, therefore, recom- mended that the City Engineer be authorized to serve notice to Mr. Fryman as required by this procedure. Mr. Schacht remarked that Mr. Fryman was still hopeful of making satisfactory financial arrangements soon. However, in view of the circumstances, Mr. Schacht requested that the Hearings set for this meeting on these matters be continued. Mrs. Stanger registered her objections to having the Garden Road improvements made by a private contractor as proposed by Mr. Schacht and his group. She was fearful of something going wrong in this instance as had happened in a previous experience she had in another city. Mrs. Stanger did later agree, however, that she would deposit her necessary funds in an escrow account in the name of the City of Alameda for payment of her prorata share of this project when completed. ~/ 8." Mr, Frank Gottstein, 731 Haight Avenue, once again protested against the flooding of Webster Street during the winter storms and urged that this condition be corrected before the area was further developed with buildings. He contended the elevation of Webster Street should be raised and the storm waters should drain into the Estuary. Mr. Gottatetn felt the State should pay for this work as this street is part of the State Highway. Mr. Hanna explained that certain remedial actions were being contemplated and he expected to explore all possibilities to relieve this drainage problem in this area. 91 Mr. G. N. Pope, 1820 Bay Street, spoke on the subject of the urban renewal program and said he believed the people were not being fully informed about the Park Centre Project. He claimed 11)0 the Council could adopt an ordinance which could then be submitted to the people for their vote on whether or not they desired such a renewal project in the City of Alameda. Mr. Weller explained that any attempt at a referendum election on the question was premature due to the fact that no action had yet been taken by the City Council on this matter. Mr. Cunningham also stated that the State law itself provides for a way to attack "redevelopment". It provides that within ninety days after the approval by a City Council's affirmative act, the ordinance which adopts the plan may be litigated. HEARINGS: lO. As requested by Mr. Schacht, the Hearing on the matter of certain Garden Road Improvements under provisions of Sections 5870, et seq. of the Streetsand Highways Code of the of California was continued to the meeting of the City Council to be held February 4, 11. As further requested by Mr. Schacht, the continued Hearing on the matter of Resolution No. 6519 concerning the preliminary determination that public convenience and necessity require the improvement of Garden Road was continued to the City Council meeting to be held February 18, 1964. This was under the Garden Road Assessment District proceedings. 12. Also, the continued Hearing on the matter of Resolution of Intention No. 6522 to order the improvement of Garden 8nad between County Road and Mecartney Road was continued to the City Council meeting to be held February 18, 1964. This was under the Garden Boad Assessment District proceedings. 13. The matter was called up with regard to the proposed amendment to Section 11-110 of Ordinance No. 1277° New Scriee, (Zoning Ordinance) to delete the Combining District "Yf5" from the present "8-1-Yf5" none classification in the area known as Unit IV, South Shore Project. The Clerk stated there was on file the Affidavit of Publication of the Notice of said Hearing. Copies of the minutes of the Planning Board meeting at which this matter was considered had been sent to the Councilmen for t6eir, information. Upon request, Mr. Donald Johnson, Planning Director, explained the factual data involved., Be stated the matter was the result of a Planning Board motion to delete this particular provision for this certain eighteen-acre parcel now known as Unit IV. Mr. Johnson said the need for this modi- fied setback had been eliminated and the Planning Board had recommended that the proposed amendment be adopted, which would establish the standard twenty-foot setback for front yards in this area. Mr. Cunningham then stated that the issue before the 'Council was whether the findings of the Plan- ning Board in its advisory report based on Section 11-175 of the Zoning Ordinance should be } approved, modified or disapproved. Upon inquiry by the President, there were no proponents who desired to speak in the matter. He then called for the opponents to the proposed amendment and Mr. Pope expressed his opposition thereto. The Hearing was then declared closed and the matter was referred to "Introduction of Ordinances". REPORTS OF OFFICERS, BOARDS, ETCETERA: 14. From the City Manager, reporting all work satisfactorily completed on the project of Improve- ments at McKinley Park - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Rose moved the recommendation be adopted; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 15. From the Citizens' Advisory Committee for Community Improvement, signed by Mr. Michael Iillea, Chairman, extending an invitation to attend its next meeting to view the film, "Form, Design and the City", on Wednesday, February 5, 1964, at 8:00 o'clock p.m, at the Alameda High School Little Theatre Auditorium. The President stated he understood that this was truly an excellent film and he urged all who pos- sibly could attend to do so. w/ 16. From the City Manager, reporting all work satisfactorily completed on the project of Installing a Storm Sewer on Mound Street from Calhoun Street to Adams Street - recommending it be accepted and the Notice of Completion be ordered filed. Councilman McCall moved the recommendation be approved; that the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: ' 17. Councilman La Croix introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Official Zoning Map of the City of Alameda by Deleting the '~Yf5" Combining District Designation from the One-Family Zone , Classification Attached to Certain Property Within the City of Alameda." 18. Councilman McCall introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series ' An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (128) to Section 17-432 Thereof, Relating to Stop Intersections (South- west Corner of Otis and Grand)." UNFINISHED BUSINESS: I9. Councilman Rose inquired concerning the projected completion by the State Division of Highways of the landscaping along the approaches to the Tubes. Mr. Weller replied that the Planning Board had recently raised the same question and he would forward copies of the State's reports to the Councilmen for their information. NEW BUSINESS: � 20�� The President referred to a meeting held this afternoon in the Chamber of the Alameda County Board of Supervisors for a discussion of the "Petris Bill" relating to the moratorium on the filling of San Francisco Bay and also, for the extension of the operation of the San Francisco Bay Model, the term for which would expire June 30, 1964. The President asked Councilman Freeman to give a brief report and she pointed up that the Executive Committee of the Association of Bay Area Governments had adopted a resolution urging that the United States Congress and the United States Army'Corpa of Engineers be requested to continue operation of the "Model". It was the consensus of the city and county representatives in attendance at this meeting that said Model was of prime importance in all studies pertaining to any fill projects around San Francisco Bay. The representatives had been requested to convey this information to their respective Councils for action in adopting supporting resolutions. After some discussion, during which it was agreed that favorable action should be taken, the order of buoineos was referred to "Resolutions". RESOLUTIONS: 21'. Councilman McCall introduced the following resolution and moved its adoption: "Resolution No. 6551 Resolution Supporting the Action of the Executive Committee of the Association of Bay Area Governments Regarding Continued Operation of the San Francisco Bay Model." The motion to adopt said resolution was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five, Noes: None. Absent: None. The meeting then reverted back to "New Business". v' 22, Councilman Freeman then continued with her report covering the meeting and stated the other issue discussed was whether or not there shuuld be a moratorium on any filling of San Francisco Bay and if said question should be included in the Call of the Special Session of the State Legislature. Councilman Freeman said there were many questions raised about this matter which were not resolved. • She stated the Board of Supervisors went on record as being opposed at this time to the issue of the moratorium being included on the Call of the Special Session. The President stated the Board of Supervisors had requested each city to consider this question at its next Council meeting and to advise the Board of its formal action indicating its position. He remarked that a meeting of the Association' of Bay Area Governments had been set for Thursday, Febru- ary 6, 1964, for a discussion of this same subject so he felt the City Council should take some action at this meeting tonight. Councilman Freeman expressed her reasons why she thought there should be a moratorium on Bay fill projects beginning as soon as possible. During the discussion, Mr. Johnson, Planning Director, stated this particular matter had been con- sidered at a recent meeting of the Planning Directors' Committee of the Bay Area Council. The total project and procedure had been discussed thoroughly and it was thought to be both practtcally and politically unmanageable, and undesirable to pass a resolution for a complete moratorium. Mr. Johnson reviewed the idea which had been suggested by this group to establish a Commission to set standards and approve applications for any fill operations. He stated this Committee did not favor the moratorium or the issue being placed on the Call for the Special Session. A lengthy discussion of the subject was had, each of the matter. Mr. Weller also clarified certain aspects of the pose of a moratorium was to accomplish a general plan for Bay. He emphasized, however, the several unresolved ques any comprehensive plan when developed. He felt the'real were what happened when a plan was finally achieved - who it and by what authority? Councilmen expressing his viewpoint on the situation, poiotiog up that the only pur- the ultimate development of San Francisco Lions at this time which would pertain to questions involved in this entire matter accepts it, who executes it, who patrols Councilman Rose then moved the City of Alameda oppose the introduction of the moratorium on the Call for the Special Session of the State Legislature. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: Councilman Freeman, (1). Absent: None. 182 The President asked the City Manager to write to the Board of Supervisors of Alameda County, inform- ing it of the action of the City Council in this matter. Also, copies of said letter, as well as ( copies of the resolution with regard to the San Francisco Bay Model, were to be sent to Assembly- man Robert W. Crown and State Senator John W. 8olmdabl, for their information on the City's position in these matters. v/ 2]. Councilman Freeman requested that a resolution of commendation be written for Mr. Walter A. Shurafanuwich, who had just recently resigned as City Librarian. ( The Clerk was instructed to prepare said document for the next meeting of the Council. RESOLUTIONS: 24. The following resolution was introduced,by Councilman Rose, who moved its adoption: Adopting Specifications, Special Provisions and Plans for Installing a Storm Sewer in Paru Street between Dayton Avenue and the Lagoon, 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. 25. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6553 Resolution Authorizing Mayor to Execute Contract with State for Acquisition of Public Easement Over Portion of Alameda Memorial State Beach, Authorizing Payment in the Sum of $5,880. Therefor, and Accepting Grant of Said Easement on Behalf of the City." 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. "Resolution No. 6554 Resolution Appointing Trustees of Reclamation District No. 2087 to Four-Year Terms." (Charles I. Travers, Bruce I. Mitchell, John N. James, Alf E. Brandin, Laurence D. Benamati) 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. 27. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6555 Ordering the Vacation of Two Easements for Public Purpoeea (Sewer) (Tract No. 2537, South Shore, Unit IV)." 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. 28. The following resolution was introduced by Councilman McCall, w6o:moned its adoption: "Resolution No. 6556 Resolution Approving Final Map of Subdivision Designated Tract 2500, a Condominium Subdivision of Lots 5, 6 and 7, Tract 2334, South Shore, Alameda, California." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Freeman, (1). Absent: None. 29. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6557 Resolution of the Council of the City of Alameda in Memoriam to Earl Fry, Retired Golf Professional "WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its former and most faithful employees, EARL FRY, who had been employed by the City on July 1, 1927, as the Golf Professional of the Alameda Municipal Golf Course, and had retired May 3, 1958, as a City employee. He had, however, continued his service in this capacity under contract with the City in connection with his operation of the "Pro Shop" as a concession on the Municipal Golf Course; and "WHEREAS, Mr. Fry had won many awards as a champion golfer and had been one of the well-known Fry Brothers Quintet which had for many years been outstanding in tournament ]�[) � �� x� �� golf and had been most active in promoting interest in this game and the improvement of golf courses; and "WHEREAS, Mr. Fry had unselfishly devoted much time and effort toward instructing and encouraging countless young people in developing their potential capabilities as golfers and had been credited by many for their ultimate success in this field; and "WHEREAS, Mr. Fry was highly respected and dearly loved by all-of his associates, for his good sportsmanship, generous hospitality, sincere friendship and unfailing sup- port of worthwhile community needs. It was through his enthusiastic endeavors and efficient management that the Alameda Municipal Golf Course proved to be such an immediately popular and financially successful enterprise on behalf of the City of Alameda. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of Mr. Fry's personal achieve- ments in the golfing world which brought distinction to the City, and in grateful acknow- ledgement of his accomplishments on behalf of the citizens of the community, the Council of the City of Alameda does hereby express its sense of personal loss and its appreciation for the fine work he performed for so many years. "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 Mr. Fry in order to convey to its members a heartfelt 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 EARL FRY, a truly kind man, who will indeed be sadly missed by his many friends." 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 declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: / 3OY "Ordinance No. 1450, New Series An Ordinance Amending Ordinance No. I440, New Series, by Providing for Issuance of Certain Building Permits in Park Centre Project Upon Approval of City Council." Councilman Freeman moved the ordinance be passed as aubmitted. The motion was seconded by Council- man La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. FILING: 31. Alameda Memorial State Beach Agreement and Grant of Easement - Between State of California and City of Alameda. 32. Auditor's Financial Statement - City of Alameda, as of December 31, 1963 - Verified by Hackleman & Larzelere. 33. Specifications, Special Provisions and Plans No. PW 1-64-2 - Installing Storm Sewer in Paru Street between Dayton Avenue and the Lagoon. 34. Final Map - on Subdivision Designated Tract No. 2508, Condominium Subdivision of Lots 5, 6 and 7, Tract No. 2334, South Shore. BILLS: 35. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of S44,160.39, 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 January 21, 1964, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 36://At this time, Councilman McCall stated he would like to have a copy of the Resolution In Memoriam to Earl Fry properly framed and hung in the Alameda Municipal Golf Course Clubhouse. He eulogized Mr. Fry for his devotion to young people and said he had lost a good friend and the City had lost a great professional. The President asked that said resolution be set up in such manner that each of the Councilmen could affix his signature thereto. ADJOURNMENT: 37. The President called up the audience to observe a moment of silence in honor of Mr. Fry, There being no further business co come before the meeting, the Council adjourned in respect to the memory of Earl Fry, Retired Golf Professional - to assemble in regular session on Tuesday evening, Febru- ary 4, 1964, at 7:30 o'clock. Citn~�Ierk