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1964-06-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING . JUNE 16 l964 , The meeting convened at 7;30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by The Reverend Mr. Wilfred H. Hodgkin, Rector, Christ Episcopal 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: l. Councilman Freeman stated that the minutes of the regular meeting held June 3, 1964, did not show why she had not voted on the adoption of certain resolutions. She thought her reasons should be given - that she had not been casting aspersions on the new-appointees but had only been endors- ing those who had been serving. The minutes of said meeting and of the adjourned regular meeting hold June 9, 1964, were then approved. WRITTEN COMMUNICATIONS: 2. From Port of Oakland, signed by Mr. J. Kerwin Rooney, Port Attorney, indicating its vital interest in the requested rezoning of certain areas of Bay Farm Island by Shore Line Properties, Inc. - and requesting that the Public Hearing in this matter be set for the Council meeting of July 21, 1984, in order to have additional time to prepare its presentation. The President stated that, if there were no objections, he would refer this request to the proper item under "Reports" on the agenda. 3. / From Samson Construction Company, 856 - 98th Avenue, Oakland, reporting that its construction project, covered by Building 9euxitm 0oo° 1597 and 2181, had been cancelled and requesting the refund of $421., the total fee paid on said job. The City Engineer had recommended that the sum of $410, be refunded in this case. Therefore, Coun- cilman Rose moved that the amount of $418. be returned to Samson Construction Company. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 4^/ From Mr. and Mrs. Cecil C. McKinstry, 1247 Park Avenue, claiming there were certain irregulari- ties in the conduct of the meeting of June 10, 1964, of the Citizens Advisory Committee for Community Improvement. The President asked the Clerk to request a report on this matter from Mr. Michael Tilleo, Chairman of said Committee, and to acknowledge the letter from the McKinstrys. It was also suggested that each member of the Committee be sent another copy of Resolution No. 6281, which created said Com- mittee and established its duties. ORAL COMMUNICATIONS: u� 5.~ Mr. Aaron Greenberg, Attorney, 520 - 16th Street, Oakland, representing Associated Coin Amuse- ment Company, Inc., addressed the Council. He stated Mr. Henry Leyser, President of this Company, was also present and both _were interested in the ordinance for passage listed on the agenda which would prohibit the operation of pinball and other such machine games, within a certain distance of any school and by anyone under eighteen years of age, Mr. Greenberg stated they were aware of the problem the City was attempting to alleviate but urged that passage of this ordinance be postponed for several weeks, if necessary, to allow them to meet with the City Attorney to endeavor to draft an ordinance which would solve the City's problem and also allow the operators of this type of business to continue to conduct their business in this area in a profitable manner. There was some discussion on the subject and the President then stated the request could be given further consideration when the ordinance was presented for passage later in the meeting. 6. Mr. G. N. Pope, 1820 Bay Street, expressed his views on several matters. 7.v Mr. Frank Gottstein, 731 Haight Avenue, spoke again about the potential flooding of'Aebster Street during future winter storms. °' U° Mrs. Inez Kapellas, 1128 College Avenue, registered her complaint about the hazardous condition of the South Shore Beach due to broken glass. Upon request, Mr. Hanna explained the beach-cleaning program carried on by his crew. Be believed it was entirely adequate and the beach was in much better condition than it had ever before been. HEARINGS: / 9. Called up at this time was the matter which had been continued from the Council meeting of May 19, 1904, concerning Resolution No. 6519 covering the preliminary determination that public convenience and necessity required the improvement of Garden Road. (Assessment District) o) 10. In conjunction therewith and also continued from the Council meeting held May 19, 1904, was the matter of Resolution of Intention No. 6522, to order the improvement of Garden Road between County and Mecartney Roads. (Assessment District) Mr. Hanna reported that the project of constructing Garden Road had, basically, been completed. There were a very few minor clean-up corrections to be made and it was his recommendation to close these formal proceedings for the improvement of said Garden Road. Councilman Rose moved the Hearings on these two resolutions be closed and the matter be terminated. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None, Absent: None. ll. The matter was called up with regard to the proposed amendment to Sec. '11-14A7(j) of Ordinance No. 1277, New Series (Zoning Ordinance), relating to the maximum permitted heights of fences, hedges or walls in front yards. The Clerk stated the Affidavit of Publication was on file covering the Notice of Hearing in this case. Further, copies of the minutes of'cbe meeting of the Planning Board at which this matter had been considered had been sent to the Councilmen for their information. The Planning Board had recommended adoption of the amendment. Upon request, Mr. Johnson, Planning Director, reviewed the history and circumstances involved in this matter. He pointed out the issue arose from the recommendation of the Wilbur Smith Traffic Report that such obstructions be not higher than thirty inches. The Traffic Advisory Committee also recom- mended this height to the Board. However, after consideration, the Planning Board recommended the maximum height be three feet. Mr. Cunningham then stated the legal issues before the Council on this question was whether the pro- posed recommendation regarding Sec. 11-14A7(j) of the Alameda Municipal Code (Zoning Ordinance Sec- tion), which change was initiated upon the Planning Board's own motion, should be approved, modified or disapproved. Upon the call for proponents of the question, there was no response. The President then called for the opponents and Mr. G. N. Pope registered his objections. Councilman La Croix then moved the recommendation of the Planning Board be upheld and the maximum height of fences, hedges or walla in the front yard areas be permitted at three feet. The motion was seconded by Councilman Rose. Speaking on the question, Councilman Freeman suggested the motion be amended to allow a maximum height of only thirty inches. The amendment to the motion was unacceptable to Councilman Rose and he, therefore, did not withdraw his second. The question was then put and the motion carried on .the following vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances". 12. The matter was next called up concerning the petition filed by Richard and Barbara Roth to reclassify certain properties on Fourth Street, the north side of Taylor Avenue and Fifth Street from the "R-2", Two-Family Residence District to the "R-4", Neighborhood Apartment District. The Clerk stated the Affidavit of Publication of the Notice of Hearing in this matter was on file. Also, copies of the minutes of the meeting of the Planning Board at which this petition was con- sidered had been sent to the Councilmen for their information. Mr. Johnson, Planning Director, submitted a detailed review of this case. It was pointed out that the Petitioner, himself, was not present at the Board Hearing and there were four property owners who protested against this requested rezoning. Therefore, the Board had recommended denial of said petition. Mr. Cunningham stated the legal issues were whether the findings and recommendations of the Planning Board in its advisory report based on Section 11-175 of the Zoning Ordinance Section of the Alameda Municipal Code should be approved, modified or disapproved. Upon the call for proponents in this matter, there was no response. Mr. Richard Roth, the petitioner, then answered the President's call for opponents to the Board's recommendation. Mr. Roth explained his ignorance of the procedures involved and his inability to attend the meeting of the Planning Board at the time his petition was to be considered. He spoke of the existing multiple dwellings in this blockaud told of his plans for the improvement of his property by erecting a duplex on the rear of his lot and eventually to demolish the present old dwelling. Mr. Marvin Roth, 470 Taylor Avenue, father of the applicant, also spoke in favor of the rezoning as requested. He believed this would lead to improvement of the area. The President then declared the Hearing closed. The Council was sympathetic toward Mr. Roth's pro- blem and discussed several possible solutions with Mr. Johnson. It was felt an application for the rezoning of the property under discussion to an "R-3" District might be advantageous to all concerned. Councilman La Croix moved, therefore, that the decision of the Planning Board be upheld and the peti- tion be denied. Further, that Mr. Roth be referred back to the Planning Board and the Planning Director with the suggested possibility of reclassifying said property to the "R-3", Garden Apart- ment District. The motion was seconded by Councilman McCall and on roll call carried by the follow- ing vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: From the Mayor, City Manager and City Auditor, submitting their report on the Count of Money 'A held May 21, 1984 - showing the sum of $5,456,084.58 in the City Treasury at that time. The report was noted and ordered filed. l4.:^ From the City Manager, reporting all work satisfactorily completed on the project of Resurfacing Sherman Street Northerly from the Segregation .Line - recommending it be accepted and the ,Notice of Completion be ordered filed. Councilman Freeman moved the recommendation be adopted; that the designated project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman La Croix and unanimously carried. 15. 'From the City Manager, recommending the release and/or reduction of.certain bonds held in con- nection with the South Shore Project, as indicated in his letter of June 10, 1964. Upon request, Mr. Hanna reviewed the status of the bonds held by the City and their coverage pertain- ing to said area. Councilman Freeman raised several questions with :regard to the plaotiog of the street trees and the retention of the beach which were clarified by the City Engineer. Councilman set forth carried by Rose moved the recommendation be approved; that the bonds be released in the specified letter. The motion was seconded by Councilman McCall the following vote. Ayes: Five. Noes: None. Absent: None. 16. From the City Manager, recommending contract be awarded to Gallagher & Burk, for the project of Resurfacing Various Streets, at the total cost of $30,225.48. and/or reduced as and on roll call Inc., sole bidder, Councilman La Croix moved che recommendation be adopted; that contract be awarded to said firm for the specified project at the cost quoted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17. From the City Manager, recommending contract be awarded to Malott & Peterson-Grundy, low bidder, for the project of Resurfacing Franklin Park Tennis Courts, at the total cost of $699. Councilman La Croix moved the recommendation be followed; that contract be awarded to the designated company for the designated project at the cost quoted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. From the City Planning Board, signed by .the Secretary, recommending approval of the petition filed by Shore Line Properties, Inc., for rezoning certain properties on Bay Farm Island, as speci- fically indicated in the application submitted. The President explained that due to the heavy work load of the City Officials and personnel, he wanted to suggest that a special meeting be set up for the purpose of holding the Public Hearings on the three matters listed on the agenda which required this procedure. He asked if such a meeting on Monday, June 29, 1964, would be satisfactory. Messrs. James Davis, Attorney for Shore Line Properties, Inc., were referred to the request from the Port of Oakland and stated his clients were definitely opposed to any delay in setting the date of the Hearing on the requested rezoning because of the additional cost in time, effort and money. He explained that their representatives had met with the Port Officials some time ago to discuss the entire project and he believed the Port of Oakland, therefore, had had ample time in which to pre- pare its presentation. Mr. Charles T. Travers, Vice President of South Shore Center, Inc,, also expressed his opposition to any delay being granted to the Port of Oakland by virtue of postponing the ddte of Hearing in this matter. Councilman Freeman commented that she believed the Council should extend the courtesy to the Port of Oakland to grant its request for said delay in the date of the Public Hearing. Councilman La Croix explained that he would be out of the City on June 29, and he'waa also opposed co setting that date for the Hearing inasmuch as he felt a full Council should be present to consider a matter of this magnitude. Councilman Freeman moved that said Public Bearing on this matter be held at the regular meeting of July^7' 1964^ The motion was seconded by Councilman La Croix and was defeated by the following roll call vote. Ayes: Councilmen Freeman and La Croix, (2). Noes: Councilmen McCall, Rose and Presi- dent Godfrey, (3). Absent: None. Councilman Rose then moved that a special meeting be held Monday, June 29, 1964, as requested by the President, for the Public Hearings on three matters of requested reclassifications. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. 19. From the City Planuin&J3oard, signed by the Secretary, recommending the reclassification of certain property near the intersection of Mecartney Road and Island Drive from "A-l", One-Family Residence District, to "R-2-PD", Two-Fenily.Rwatdance-Planned Development District. Also, recom- mending denial of that portion of the petition requesting 'the rezoning of a certain area from "8-1" to the "C-1-PD", Neighborhood Business-Planned Development District. Dart Construction Co., Inc., owner. 20. From the City Planning Board, signed by the Secretary, recommending the reclassification of the northwesterly corner of Lincoln Avenue and Oak Street from "D-6", Hotel Apartment District to "C-M", Commercial Manufacturing District. Baron Associates, owner. 2 "6i The latter two matters had been included in the foregoing motion to be heard at the time of the special meeting on June 29. if 21. From the City Planning Board, signed by the Secretary, recommending approval of Property Divi- sion Map No. 116, covering southeast corner of Otis Drive and Willow Street, as filed by Wood and Associates. The matter was referred to "Resolutions ". 22. From the City Manager, recommending approval of Property Division Map No. 119, covering two parcels of land on Bay Farm Island, as filed by Robert McGregor. The matter was referred to "Resolutions ". 23: At this time, Councilman Freeman brought up the matter of the contemplated improvement of Court Street and Waterton Street. Copies of a memorandum from Mr. Hanna, dated June 10, 1964, and a drawing of the area had been sent with a memorandum from Mr. Weller to the Councilmen merely for their information about the proposed project. It was pointed out that no Council action at this time was required in the procedure to be followed by the City Engineer in this matter. In response to several questions, the City Engineer and the City Attorney explained and clarified the circumstances involved. Councilman McCall suggested the property owners affected might be interested in forming an assessment district for this improvement and he felt the City had a certain responsibility toward accomplishing said project at the least cost possible to the residents on these streets. INTRODUCTION OF ORDINANCES: 24. Councilman McCall-introduced the following ordinances, 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 Section 4 -332 to Article 3 of Chapter 3, Title IV, Prohibiting Possession or Consumption of Alcoholic Beverages on Public Beaches." 25. Councilman Rose introduced the following > ordinance, after which it was laid over under provi- sion of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Article 4 -A, Sec. 11- 14A7(j), Relating to Maximum Permitted Heights of Fences, Hedges or Walls in 'R' Districts." UNFINISHED BUSINESS: 26. The President asked the Council's permission to hold a special meeting on Tuesday evening, June 23, 1964, for the presentation of the Budget of the City of Alameda for fiscal year 1964 -65. There being no objections, said time was set for the Budget review. 27." Councilman McCall inquired about the status of the financing for the development of the Alameda Memorial State Beach and how soon some progress would be made in this respect by the State Division of Beaches and Parks. Mr. Weller explained that the plans had been approved and the funds would be made available as of July 1, 1964, for the first phase of the project and it was believed that work would proceed as rapidly as possible. Following further.discussion, it was agreed that the Council would await further reports on this development after July 1, 1964. 28.V Councilman Freeman referred to the City Attorney's letter of June 11, 1964, which was in answer to her motion at the last regular Council meeting that the City Attorney "proceed to quiet title upon all that real property granted to the City, etcetera ". She read the last paragraph of said letter, " an undertaking not practicable under the present apparent state of the record ". Councilman Freeman then suggested that the.City Council consider the issuance of a declaratory state- ment to the effect that the City is the owner of all salt marsh and tidelands within the Grant of the State in the Statutes of 1917. She asked that this matter be discussed at the meeting of the 23rd or the 29th of June. There being no objections, the question was to be considered at the special meeting of June 23. NEW BUSINESS: 29/ Councilman La Croix again spoke of the condition of the beach and felt the possibility might be investigated that the young, teen -age people who had violated certain bicycle or traffic laws be assigned to this area to help in the clean -up program. He thought this would work out beneficially for both the youth and the City. He pointed out that such a practice had been adopted in some cities and it had not only curtailed violations but had also given some incentive for keeping their cities clean. Several questions were raised about the City's liability and who would be responsible for the necessary supervision. It was suggested that the City Attorney, the City Manager and the City Engineer could consult on this matter and present their thinking. RESOLUTIONS: 30. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6647 Authorizing the Execution of Agreement Between the City of Alameda and Jack Cummings, Relating to the Privilege of Being and Acting as Gulf ProfeaStuoal for the Alameda Municipal Golf, Course." The motion to adopt said resolution was seconded by Councilman Freeman. There was some discussion about certain details pertaining to the transaction and the President assured the Council that he would not execute said Agreement until everything was satisfactorily settled in accordance with the understanding at the time of the interview with Mr. Cummings. Be stated he would personally report back to the Council on this subject. The question was then put and the resolution was adopted on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 31. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6648 Supporting the Program Recommended by the Alameda County Highway Advisory Committee for Improvement and Development of the State Highway System in Alameda County for the Fiscal Year 1965-1966." 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. Councilman McCall questioned the priority of the recommended highway construction projects and Mr. Hanna explained the procedure involved. There was considerable discussion about this entire matter. 32. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6649 Requesting Payment by the Fiscal Agent of the Amount Held in the Off-Street Parking Surplus Revenue Fund to the General Fund of the City of Alampda^,, 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. 33. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6650 Adopting and Submitting,a Budget for Expenditure of Funds Allocated from the _ State Highway Fund to Cities." 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. 34. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 0651 Authorizing the Execution of a Contract for Services of a Certified Public Accountant for the Fiscal Year 1864-05." The motion to adopt said resolution was seconded by Councilman Rose and on roll call curried by the following vote. Ayes: Five. Noes: None. Absent: None. 35. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6652 Approving Property Divinion.Map Nu^ 1I6 for Division of Parcel 2D1" Lot 2, Block 13, South Shore Unit No. 1, Tract 1866, and Permitting Recording of Said Map (South Shore Center, Inc.)." 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. . 36. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6653 Apprpning Property Division Map No. 119 for Division of No. 58 Garden Road, and Permitting Recording of Said Map (Robert McGregor)." 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. 37. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6654 Authorizing Execution of Contract with Brink's, Inc., for Their Services Relating to Parking Meter Collections for the Fiscal Year 1964-1965." The motion to adopt said resolution was seconded by Councilman Rooe and on roll call curried by the following vote. Ayes: Five. Noes: None. Absent: None. 38. The following resolution was int roduced by Councilman La Croix, who moved its adoption: "Resolution 0n" 6655 Adopting Specifications for Furnishing to the City of Alameda Various Items of Playground Apparatus, 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 declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 39. "Ordinance No. _______ | . New Series An Ordinance Amending the Alameda Municipal Code by Adding to Title XVIII, Chapter 5, a 0eq Article 2, and Enacting Sections 18-521to 18-525, Inclusive, Thereof, Relating to the Operation of Pinball Machines by Persons Under the Age of 18 Years." , The President called attention to Mr. Greenberg's request that the passage of this ordinance be post- poned until he had an opportunity to discuss the issue with Mr. Cunningham and, possibly, be able to effect some changes therein. | . Councilman McCall moved the passage of said ordinance be laid over to allow consultation on this ques- tion between the attorneys. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 40. "Ordinance No. 1480, New Series An Ordinance Amending Section 17-364.1 of the Alameda Municipal Code, Relating to the Establishment and Removal of Parking Meters, and Time Limits, in Parking Meter Zones." Councilman Freeman moved the ordinance be passed as submitted. The motion was seconded by Council- man La Croix and on roll cull carried by the following vote. Ayes: Five. Noes: None. Absent: None. 41. "Ordinance No. 1407, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Hannon Property - North end of Webster Street) Councilman La Croix moved the passage of the ordinance as submitted. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: 0one, 42. Agreement - Between City of Alameda and Jack Cummings, Golf Professional. 43. Financial Statement - Bureau of Electricity, as of April 30, 1964 - Verified by Hackleman & Larzelere. 44. Agreement - Between City of Alameda and Brink/o, Inc., for Parking Meter Collections. 45. Specifications and Provisions No. MS 6-64-6 - Various Items of Playground Apparatus. BILLS: 46. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $27,880.70, 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 June 16, 1984, and presented to the 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. 47.�At this point, Councilman Freeman expressed her opinion that the Minutes should show receipt of the hundreds of postal cards which had been sent to the City Council during the past two months con- ceroing the Redevelopment Agency of cbe City of Alameda and the "Park Centre Plan". It was pointed out that the names and addresses of the senders had been listed and forwarded to the Councilmen for their information. However, henceforth, the Clerk would indicate in the Minutes the number of cards received pertaining to this matter during the period between Council meetings. The lists which had been sent to the Councilmen just prior to this meeting had contained the names and addresses of one hundred twenty-three persons who had signed the mimeographed postal cards request- ing that the Alameda Redevelopment Agency be abolished and opposing the "Perk Centre Plan". 48 � President Godfrey spoke of the transfer of The Reverend Mr. Franklin Scott from the Santa Clara Avenue Methodist Church after having served as the Pastor there for the past nine years. He commended Mr. Scott for his great contribution to the City in his service on several Boards and Committees, as well as the excellent work he had done in the field of social welfare. The President explained that he and Councilman Rose had attended the Reception in honor of Mr. Scott on Sunday evening and had presented to Mr. Scott on behalf of the City Council the City Medallion in recognition of his outstanding service in the community. ADJOURNMENT: 49. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, July 7, 1964, at 7:30 o'clock. Respectfully submitted, • CI-E97-Clerk