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1964-03-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING MARCH 17, 1964 The meeting convened at 7:30 o'clock p.m. with Vice President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by The Reverend Mr, Wilfred H. Hodgkin, Rector of Christ Episcopal Church. ROLL CALL: The roll was called and Counctlmen'Frmemeu, La Croix, Jr., Rose and Vice President McCall, (4), were noted present. Absent: President Godfrey, (1). 1. The minutes of the special meeting held Tuesday afternoon and the regular meeting held Tuesday evening, March 3, 1984, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From the Board of Directors of Alameda Chamber of Commerce, signed by Mr. W. F. Suman, President, indicating its approval, in principle, of the proposed Park Centre Project, as recommended. 3. From the Alameda Real Estate Board, signed by Mr, C. V. Justin, President, stating that it had gone on record in favor of the redevelopment of the Park Street area, in principle. The two communications were referred to the file on the subject. �. From Mr. George Webb, 1514 Encinal Avenue, requesting permission to erect an eight-foot fence along the rear and side property lines of his lot, as a windbreak in order to more fully utilize his yard. The matter was referred to the Planning Board for its consideration and recommendation to the Council. x/� 5. From Shore Line Properties, Inc., signed by Mr. D. J. Hawley, President, reporting on its progress to date toward the development of its property on Bay Farm Island. It was stated that the following City representatives had been asked and had agreed to assist the Developer in this project: Messrs. George Rose, Councilman; Eric Essex, Planning Board member; Mark Hanna, City Engineer; Donald Johnson, Planning Director; Grant Mainland, Recreation Director; Raymond Kranelly, Recreation Com- missioner; Dr. Donald Roderick, Superintendent of Schools. Councilman Rose stated that with the Council's concurrence, he would be happy to accept this assign- ment with the distinct understanding that, in serving as a member of this group, it would in no way prejudice any action he might desire or decide to take as a member of the City Council on said project. Councilman La Croix and Vice President McCall said they were pleased to accept this statement and have ilmen Rose work with this group. The letter was then ordered filed. 6.° From the Redevelopment Agency of the City of Alameda, signed by Mr. Walter J. Monasch, Executive Director, transmitting copies of certain documents and data concerning the Park Centre Project, as required by Section 33351 of Division 24, Part 1, of the Community Redevelopment Law of the Health and Safety Code of the State of California, as recoditied in 1963. It was requested that the City Council set a date of Hearing in this matter. Councilman Freeman stated she felt everyone must be aware of the "Initiative Petttiona,' currently being circulated concerning this issue, although they had not yet been filed. She said it would appear that setting a date for a Public Hearing and the expenditure of public money for the publica- tion of the notice therefor might well be a wasteful expenditure at this time. Councilman Freeman moved, therefore, that no date be set for the Public Hearing until the first meeting in April. This would also provide the Council more time to study this very complex question through perusal of the several reports submitted by the Redevelopment Agancy^ There was considerable discussion of the situation and clarification of the proper procedure by the City Attorney. There was no second to the motion, but it was agreeable to the other Councilmen to defer setting a ' ^ date for the Public Hearing in this matter until the Council'neeting of April 7, 1964. ORAL COMMUNICATIONS: '/ 7. In response to a written request for time to address the Council under this heading, which the Clerk read, the Vice President called upon Mrs. Edrie Bruce Bohne, 1213 Park Avenue, who spoke on behalf of a group of interested citizeoa. Mrs. Bohne displayed a preliminary sketch of a Youth Center building and emphasized the need for such a facility in Alameda for its youth. She said architectural plans had been drawn and she felt some interest should be shown in organizing local citizens to financially support said construction. 8. Mrs. Inez Kapellas, 1128 College Avenue, expressed her disapproval of Councilman Rose serving on the "Advisory Board" for Mr. Hawley's development on Bay Farm Island. Councilman Rose pointed out he had accepted this assignment in the belief that he could work in the best interests of the City of Alameda. Be stated he would defer the question of legality in this matter to the City Attorney and accept his opinion and act accordingly. 9. Mr. Albert De Witt, 1028 Buena Vista Avenue, spoke on behalf of a group of citizens in the west end of the City and as the representative of the Citizens Committee for Low -Rent Housing. He said he believed decisive leadership must be taken by the City at this time in order that the problems which faced those being evicted from Estuary Housing Project would be alleviated. He submitted the following recommendations: (1) That the City of Alameda take charge of the Housing Authority; (2) That the Council consider very seriously utilizing the Alameda Redevelopment Agency for study- ing the need for low -rent housing; (3) That a ballot for low -rent housing be placed before the people; (4) That the Council give this group some definite word on the outcome of the policy the Council had concerning the relocation of these people. It was pointed out that the Mayor had been proceeding with the proposal as recommended by him at the special meeting of the City Council held March 3, 1964. Mr. De Witt was assured that as soon as some results were effected, he would be contacted. However, it was agreed that some points had been raised this evening which had not been discussed at the special meeting and it was felt advisable to give them consideration. Upon request, Mr. Weller reported on the situation - first, complimenting Mr. De Witt upon his reasonable, yet aggressive, approach to this problem. He related the discussions which had been held with the Naval Officers and the Housing Authority and emphasized that he felt all concerned were genuinely striving to achieve a satisfactory solution. Mr. Carter Gilmore, President of the local chapter of the National Association for the Advancement of Colored People, with offices at 634 Atlantic Avenue, said he thought everyone had been "dragging their feet" in providing a solution and he urged that something be done about this matter. Mrs. Mabel Tatum, 105 -A Singleton Avenue, also pleaded for help in finding suitable housing for those who had been residing in the Projects. HEARINGS: 10 The matter was called up concerning the petition for the reclassification of property at 2615 San Jose Avenue from the "R -1 ", One- Family Residence District, to the "R -4 ", Neighborhood Apartment District. The petition was filed by Mr. William D. Cox. The Clerk stated the Affidavit of Publication of the Notice of said Hearing was on file. Also, copies of the minutes of the Planning Board meeting at which this matter was considered had been sent to the Councilmen for their information. The Planning Board had recommended denial of said petition. Upon request, Mr. Donald Johnson, Planning Director, reviewed the circumstances involved in this case. He explained that this large piece of property had originally been two lots. Mr. Cunningham then stated the legal issue before the Council was whether the findings and recom- mendation of the Planning Board in its advisory report, based on Section 11 -175 of the Zoning Ordi- nance, should be sustained, modified or overruled. Upon the call for the opponents to the recommended denial of the petition, Mrs. Margaret Shore, Realtor, spoke on behalf of Mr. Cox. She pointed up the large size of the property and the fact that it bordered the "R -4" District as the reasons for the logical rezoning of the parcel so that Mr. Cox could fully utilize his property. Mr. Cox stated his existing house was located well to one side of the property - there was ample space for another house - and he felt he should be able to have full use of his property. The Vice President then called for the proponents of the recommendation and the following spoke in opposition to the requested reclassification: Mr. Ira Pluminer, 2631 San Jose Avenue; Mr. David Corrington, 12121 Broadway; Mrs. William B. Jensen, 1206 Broadway; Mrs. Florence Becker, 2608 San Jose Avenue; Mr. Gene D. Getz, 2618 San Jose Avenue. All expressed the belief there would be no objection to Mr. Cox dividing his property into two lots and erecting a single - family house on the second parcel. The Hearing was then declared closed. There was some discussion about the procedure to follow in order to give Mr. Cox an opportunity to further discuss his problem with the Planning Department and the Planning Board to achieve the desired results for him. Councilman Freeman moved the recommendation of the Planning Board be sustained and the requested reclassification be denied, with the understanding that Mr. Cox return to the Planning Board for assistance in working out his problem. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 11.rf Continued from the Council meeting of February 18, 1964, was the matter of Resolution No. 6519 concerning the preliminary determination that public convenience and necessity required the improve- ment of Garden Road under the formation of an Assessment District. 12. Also continued from the Council meeting of February 18, 1964, wasthe matter of Resolution of Intention No. 6522 to order the improvement of Garden Road between County and Mecartney Roads under the formation of an Assessment District. There being no objections, the Hearings on these two resolutions were continued to the Council meet- ing to be held April 21, 1964. With regard to said Garden Road improvement, Mr. Hanna reported that this project was progressing and he felt everything was now under control. He said he had every expectation that all the work would be accomplished probably within the next month. 1 REPORTS OF OFFICERS, BOARDS, ETCETERA: 13. From City Planning Board, signed by the Secretary, recommending adoption of an amendment to Ordinance No. 1277, New Series, eliminating the requirement for a Use Permit to construct private swimming pools, boat docks, etcetera. 14. From City Planning Board, signed by the Secretary, recommending denial of petition, filed by Barron & Hartley, to reclassify a number of lots on Central Avenue, Grand Street and Santa Clara Avenue, as designated — from "R -4 ", Neighborhood Apartment District to "R -5 ", General Apartment District. There being no objections, the Vice President stated the Hearings on the foregoing two matters would be held at the Council meeting of April 7, 1964. 15: From City Manager, recommending contract be awarded to The Justice Company, low bidder, for the project of Planting Turf in McKinley Park at the total cost of $1,350. Councilman La Croix moved the recommendation be adopted and contract be awarded to said company for the specified project at the price quoted. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 16. From City Manager, recommending contract be awarded to United Acoustic Division of Schwartz and Lindheim, Inc., low bidder, for the project of Installing a Suspended Ceiling at the. Golf Course Restaurant at the total cost of $1,736. Councilman La Croix moved the recommendation be approved and contract be awarded to the designated firm for the project indicated at the price quoted. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). v 17. From City Manager, concerning the City's option to purchase approximately 8.54 acres of land in Unit II, South Shore, from Utah Construction & Mining Co. - recommending the Council express its intention to exercise the option, that the Board of Education be requested to take similar action and that he be authorized to proceed toward a specific agreement for consideration by both Bodies. Councilman La Croix moved the recommendation be adopted and the Council authorize the City Manager to enter into negotiations with said company for the purchase of 8.54 acres of land in Unit II at the price of $2,500. per acre, and that he contact the Board of Education in this matter. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 18. From City Manager, submitting the request from Mason & Associates, Inc., for the Council's acceptance of the.Final Map for Tract No. 2532 which lies along the south side of Maitland Drive, embracing Fitchburg Avenue, extended. The matter was referred to "Resolutions ". 19Y/ From the Mayor, City Manager and City Auditor, reporting on the Count of Money held February 19, 1964, indicating the sum of $4,863,649.90 in the City Treasury at that time. The report was noted and ordered filed. 20. From City Planning Board, signed by the Secretary, recommending approval of the Tentative Map for Tract No. 2599, subject to conditions as outlined in its letter dated March 16, 1964. Councilman Freeman raised a number of questions pertaining to the Map, claiming that many items were not shown thereon which she thought should be. She said some lots showed a frontage of thirty -five feet which, admittedly, was on the street. She felt it should be spelled out in the Tentative Map exactly where the setback line exists and exactly what the frontage will be at a given point. Upon request, Mr. Hanna stated that a Tentative Map was intended to be an indication of what a developer planned to do. He explained the procedure covering the processing of said Map and the minute review by his Staff, resulting in the Engineer's Report thereon. He said he believed the developer in this case was agreeable to carrying out all of the items as required, with the exception of the size and depth of the sanitary sewers in his Tract. At this point, Mr. James R. Messenger of Mason & Associates, Inc., was called upon to comment on this item. He stated that the developer would be willing to comply with the regulations of the City. During further discussion, it was brought out that all engineering and technical details could be worked out satisfactorily by the Engineering Staff and the developer. Councilman La Croix moved the recommendation of the City Planning Board be upheld and the Tentative Map for Tract No. 2599 be approved, subject to the conditions as set forth in its letter of March 16, 1964. . The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). ,r/ 21. From City Planning Board, signed by the Secretary, recommending approval of the Property Divi- sion Map covering the property located at the northwest corner of Versailles and Central Avenues. The map was filed by Schmidt & Gravatt. Councilman Rose moved the recommendation be accepted and the Property Division Map for the desig- nated parcel of land be approved, since there were no public improvements involved. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). INTRODUCTION OF ORDINANCES: 22. 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 Alameda Municipal Code by Adding Subdivisions (32), (33) and (34) to Section 17 -432, Relating to the Two -Hour Parking Limit (Clement Avenue at Park Street)." 23. Councilman Rose 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 Repealing Subsection (c) of Subdivision 3 of Section 17 -344.1 Thereof, Relating to 24- Minute Parking Limit (2435 Blanding Avenue)." UNFINISHED BUSINESS: 24" Councilman Freeman requested that the City Attorney write another letter to the State Lands Com- mission, attention Mr. Kenneth C. Smith, Public Lands Officer, with reference to its communication dated March 11, 1964. It was requested that copies be sent to the following: Messrs. Hale Champion, Chairman; Glenn M. Anderson and Alan Cranston, members; F. J. Hortig, Executive Officer; and Fred W. Kreft, Assistant Executive Officer - all of the State Lands Commission; Governor Edmund Brown, Assemblymen Robert Crown and Nicholas Petris, and Senator Holmdahl. The questions to be posed in said letter were: (1) Did the State of California issue deeds or patents to any segregated tide and submerged lands shown on Salt Marsh Map No. 2 prior to 1913, as amended by the Statutes of 1917, Chapter 594? (2) Were any deeds issued pursuant to the Statutes of 1911, Chapter 313? (3) If no deeds or patents were issued to certificates of purchase holders, who has the legal title? (4) Are certificates of purchase title insurance policies or tax deeds legal title and proof of ownership of tide and submerged lands as against the State and the City of Alameda and their ownership of sovereign lands? (5) Is the City as trustee of the State of California expected to prove legal title to these lands or is our title conclusive against any person or corporation which cannot produce a legal title by a deed or patent? 25: Councilman Freeman asked that the City Clerk request Reclamation District No. 2087 to furnish copies of the minutes of its Board of Trustees' meetings from April 18, 1962, to March 17, 1964. RESOLUTIONS: 26. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6576 Amending Salary Resolution No. 6484 by Creating One Additional Position of Accounting Machine Operator in the Auditor and Assessor Department. " The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 27. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6577 Approving Proposed Budget for Engineering Funds Pursuant to Section 2107.5 of the Streets and Highways Code -- Fiscal Year 1964-1965." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 28.- The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6578 Acknowledging Exercise of Right to Renew, for an Additional Period of Twenty -five (25) Years Ending September 30, 1989, Certain Lease Executed September 1, 1946, Between City and Assignor of Todd Shipyards Corporation." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 29. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6579 Authorizing Mayor and City Manager to Execute Agreement with Certain Other Public Libraries, Relating to Participation by City Under State Public Library Development Act." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 30. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6580 Approving Final Map of Subdivision Known as Tract No. 2532, Submitted by Arthur E. Adams, and Approving Faithful Performance Bond as to Sufficiency.", The motion to adopt said resolution was seconded by Councilman Rose. Councilman Freeman raised numerous questions pertaining to several items on the map. Mr. Hanna once more explained the steps taken in processing these maps, emphasizing that his Staff worked from the Tentative Map, consisting of the original plan and the modifications which had been developed by the Planning Board and the City Council, and it adhered to all the conditions as rigidly as possible. Mr. Hanna pointed out that when the Final Map was submitted to the Council, it was believed to be an exact duplication of the intent of the Tentative Map. Following some further discussion for clarification of certain points, the question was put and the motion carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 31. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 8581 Authorizing Execution of Agreement for Construction and Completion of Improvements in Subdivision Known as Tract No. 2532, Bay Farm Island -- Arthur D. Adams." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Praaident Godfrey, (1). 32. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No..6582 Adopting Specifications, Special Provisions and Plans for Painting of Fire Stations Nos. 1, 2, 3 and 5 and the Bay Farm Island Recreation Center, Calling for Bids and Directing City Clerk to Advertise ." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 33. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6583 Adopting Specifications, Special Provisions and Plans for Construction of Eighth Street from Westline Drive to Portola Avenue, 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: Four. Noes: None. Absent: President Godfrey, (1). 34. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6584 Adopting Revised Budget for Expenditure of Funds Allocated from the State Highway Fund to Cities." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 35. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6585 Authorizing Execution of Amendment to Golf Professional Contract by Extending Term Thereof to June 30, 1904." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). The Vice President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 36. "Ordinance No. 1455, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (2713-2717 Central) 206 Councilman Freeman moved the ordinance be passed as submitted. The motion was seconded by Council- man La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). FILING: 37. Agreement between City of Alameda and Other Libraries. 38. Agreement between City of Alameda and Arthur E. Adams, re Tract No. 2532. 39. Specifications, Special Provisions and Plans No. PW 2 -64 -3 - Construction of Eighth Street from Westline Drive to Portola Avenue. 40. Specifications, Special Provisions and Plans No. PW 3 -64 -7 - Painting of the Fire. Stations and Bay Farm Island Recreation Center. 41. Contract Amendment - Golf Professional. BILLS: 42. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $65,635.97, 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 March 17, 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: Four. Noes: None. Absent: President Godfrey, (1). 43. At this time, Councilman Rose extended a cordial invitation to all to attend the Twenty -Fifth Annual Community Easter Sunrise Service at Lincoln Park on Sunday, March 29, 1964, at 6:00 o'clock. ADJOURNMENT: 44. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, April 7, 1964, at 7:30 o'clock. Respectfully submitted, :_ ,, City_ :Clerk SPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA • TO HAVE BEEN HELD TUESDAY AFTERNOON - - APRIL 7, 1964 ROLL CALL: The roll was called and Councilman La Croix and President Godfrey, (2), were noted present. Absent: Councilmen Freeman, McCall and Rose, (3). ADJOURNMENT: 1. Due to lack of a quorum, the Council adjourned. Respectfully submitte