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1964-09-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING SEPTEMBER 1, 1964 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman Rose and was followed by an inspiring Invocation delivered by The Reverend Father Rolando Juarez, Assistant Pastor, St. Joseph's 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 August 18, and of the special meeting held August 25, 1964, were approved as transcribed. WRITTEN COMMUNICATIONS: 2Y From Mrs. James F. Wiggins, 1339 Broadway, protesting against the sale of newspapers of sensa- tional and salacious nature at certain newsstands. The City Manager was asked to direct the Chief of Police to contact the local publication outlets in an effort to obtain voluntary control of their reading material. It was also suggested the Manager submit a report to the Council, possibly within thirty days, concerning the compliance with this request. The Clerk was to acknowledge the communication with this information. 3. Alameda Golf Club, signed by Mr. C. Merritt Cowell, Secretary, inviting the City Council and Staff to attend the Dedication Ceremony of the Earl Fry Memorial Grove at the Alameda Municipal Golf Course on Saturday, September 19, 1964, at 4:00 o'clock p.m. The Council was polled and the Clerk was instructed to accept the invitation to attend this Ceremony on behalf of Councilmen Freeman, La Croix, Rose and President Godfrey. Unfortunately, Councilman McCall would be out of town on vacation at that time. 4:7 From the Attorneys for Shore Line Properties, Inc., signed by Mr. James B. Davis, requesting consideration of its Bay Farm Island Fill Permit and Agreement. The President stated there would be a report on this matter later in the meeting. The matter was then referred to "Introductton of Ordinances "`. ORAL COMMUNICATIONS: 5.V Mr. Frank Gottstein, 731 Haight Avenue, reiterated his plea that the elevation of Webster Street be raised before the area adjacent thereto was built up. HEARINGS: 6Y' Continued from the last meeting of the City Council - and called up at this time, was the Matter of the Cost of Construction of Street Improvements in front of 57 Garden Road, Alameda, as reported by the Superintendent of Streets, in the amount of $1,664.65 - and any objections or pro- tests thereto. Upon request, Mr. Hanna reported that Mrs. G. Stanger, owner of these premises, had informed him she would not be able to attend the Hearing at this time and asked that it be continued to the next regu- lar meeting of the Council. He recommended said Hearing be continued accordingly. It was agreed that the Hearing would be continued to the Council meeting of September 15, 1964, and the City Clerk was instructed to inform Mrs. Stanger that the Council would proceed therewith on said date. 7.v The matter was called up concerning the Appeal filed by Mr. Fred B. Volking, 1400 Santa Clara Avenue, from the decision of the Planning Board to grant a Use Permit for the operation of the Alameda Girls'Club, Inc., in the premises known as 1431 Morton Street. Mr. Donald F. Johnson, Planning Director, reviewed the history and facts leading to the decision of the Board to proceed under the Use Permit procedure in this case, and to grant said Permit to the "Club" for its specific purpose. City Attorney Cunningham then stated the legal issue was whether the findings of the Planning Board, under Sec. 11- 162(e) of the Alameda Municipal Code (Zoning Ordinance Section) with regard to subject Use Permit should be affirmed, modified or reversed. He also read in full said section for the enlightenment of all concerned. Upon the call for proponents, Mr. Richard P. Schacht, Attorney, 1516 Oak Street, addressed the Coun- cil in explanation of the physical facilities of the dwelling in question and the anticipated schedule and number of girls to be in attendance at the Club. He submitted his plea that the Council uphold the ruling of the Planning Board. The following persons affiliated with the Club then out- lined the plans and program contemplated for the operation thereof: Mrs. J. C. Van Valkenburg, President, 1600 San Jose Avenue; Dr. Anne Bradfield, 1330 Constance Circle; Dr. Edith Myers, Treasurer, 2021 Alameda Avenue; and Mrs. Dorothy Le Hew, 1633 Moreland Drive. The opponents to the decision of the Planning Board were then called for and Mr. Joseph King, 1428 Morton Street, spoke at length in pointing up the inadequacies of the house itself and the limited size of the lot for such an enterprise. Mr. John H. Wallace, Attorney, submitted his arguments in protest against the operation of the Girls' Club at this location on behalf of the following resi- dents in the immediate neighborhood: Mr. and Mrs. Lawrence P. Conmy; Mr. and Mrs. Fred B. Volking; Mr. and Mrs. William B. Emmal; Mr. and Mrs. Alfred Nielsen; Mr. and Mrs. Gus H. Brandt; Mr. and Mrs. Ernest W. Copeland; Mr. and Mrs. Paul Worthy; Mrs. Loretta M. McDonald; Mr. and Mrs. Merrill Lyon; Mrs. Marie T. O'Brien; Mrs. Mary Wickman and Mrs..Joyce Heathershaw. Mr. Wallace also pre- sented three petitions, signed by fourteen, nine and fifteen persons, respectively, indicating their opposition to having a Girls' Club locate at 1431 Morton Street. These were filed with the Clerk. Several snapshots of the premises were also passed to the Councilmen for their further information, and filed with the Clerk. Messrs. Ernest W. Copeland and G.. N. Pope also spoke in opposition to the establishment of the Girls' Club at this location. In rebuttal, Mr. Schacht called upon Mrs. Robert Bierwith, 1200 Sherman Street, who enlarged upon the definite plans and actions which had been made and taken by those working for the Club. Mr. Schacht then concluded by stating that the leaders of this Club believed this dwelling would be entirely satis- factory and they were ready to proceed. He felt it was an outstanding project and would not degrade the value of the properties in this block or create any disturbance with its activities. Mr. Wallace was offered equal rebuttal time but said he was satisfied with the presentation he had already made. However, Mr. Paul Worthy, 1707 Moreland Drive, owner of property on Morton Street, expressed his opposition to the.Girls' Club at said location. There being no further speakers on the subject, the President declared the Hearing closed. Follow - ing discussion of the case, Councilman McCall moved that the Council reverse in whole the decision of the Planning Board in granting the Use Permit for the operation of the Alameda Girls' Club, .Inc., at 1431 Morton Street. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 8. / From City Manager, reporting all work satisfactorily completed on the project of Reconstructing Fifth Street from Pacific Avenue to Buena Vista Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be adopted; that the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Freeman and unanimously carried. 9. From City Manager, reporting all work satisfactorily completed on the project of Paving Areas in Various City Parks - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be followed; that the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Freeman and unani- mously carried. 10. From City Planning Board, signed by the Secretary, requesting a thirty -day extension of time in which to consider the petition filed by W. A. M. Associates for the rezoning of certain property known as Estuary Housing Project. Councilman Freeman moved the extension of time as requested for the specified purpose be granted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilman McCall stated he would like to have a full report on the type of construction which was being planned by this firm for this area. He said he felt all such construction should meet all "Code" requirements and.regulations to bring these buildings into conformance with standard construc- tion of the City of Alameda. Upon inquiry, Mr. Weller replied that he had received a quite complete report from Mr. Hanna, under date of July 21, containing an evaluation of the structures in this area and what would be necessary to raise them to reasonable standards. He said he had not forwarded copies to the Councilmen as yet because the matter was still pending before the Planning Board - but, if desired, he would do so at this time. It was also brought out that in all contacts and discussions between the City Staff and this organization, it had been made absolutely clear that there was a zoning problem involved and that in working out all phases of the situation, the matter would require action by both the Planning Board and the City Council. 11. From City Planning Board, signed by the Secretary, recommending denial of the petition filed by the Alameda Girls' Club, Inc., for the rezoning of property known as 1431 Morton Street. The matter was set for a Public Hearing before the Council at its next regular meeting, to be held September 15, 1964. r 12 From City Manager, recommending contract be awarded to Gallagher & Burk, Inc., low bidder, for the project of Resurfacing Lincoln Avenue between Everett Street and Court Street, and Third Street between Santa Clara Avenue and Central Avenue, at the total cost of $10,855.50. Councilman La Croix moved the recommendation be approved; that the contract be awarded to the desig- nated firm for the specified project at the total cost quoted. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 2 13. From City Manager, submitting a request from the Alameda Swimming Pool Association that the lease on the Lincoln Park Swimming Pool be extended to expire simultaneously with the existing lease on Franklin Park Pool. Councilman Rose moved this matter be referred to the Recreation and Parks Commission, for its review and recommendation. The motion was seconded by Councilman La Croix. Speaking on the question, there was considerable discussion of several aspects of the situation with regard to operation of these pools. Councilman Rose expressed his disapproval of a privately operated pool in a public City park. Councilman Freeman stated she would object to the matter being referred to the Commission because she felt it was an item to be legislated by the Council. Mrs. Beverly Buhnerkempe, 1025 Pearl Street, volunteer instructor at the Lincoln and Franklin Parks Swimming Pools, was allowed to speak on the subject. She pointed up the excellent learn -to -swim program being carried on for all kindergarten -age children and stressed the fact that'this important teaching schedule was maintained by the mothers who devoted their time for the benefit of these young- sters and, indirectly, the City of Alameda. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen La Croix, McCall and Rose, (3). Noes: Councilman Freeman and President Godfrey, (2). Absent: None. 14. From City Manager, recommending the Council find that great emergency and necessity required immediate action in the repair of a hazardous condition at the Fire Drill Tower and its authorization to proceed without contract to take care of this situation promptly. The project involved would cost approximately $2,000. Councilman McCall moved the recommendation be accepted and the necessary repairs be made at once with the cost being a charge against the Contingency Fund. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 15. Councilman Freeman introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing Execution of Agreement Granting Robert E. Hannon Revocable License to Use and Occupy Certain Submerged Lands of City of Alameda for Sole Purpose of Installing and Maintaining Non - Affixed Floating Boat Docks Thereon." Some discussion ensued concerning the question of access to the Estuary which would have to be across Mr. Hannon's property. It was requested that the Agreement involved contain provision for such an access way. 16. 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 Establishing Golf Course Parking Lot at Alameda Municipal Golf Course, and Designating Certain Area for Exclusive Use Therein by Authorized City Officials and Employees and Certain Area for Use by General Public." 17". 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 Authorizing Shore Line Properties, Inc., to Dredge Certain Submerged Lands of the City of Alameda and Fill Certain Submerged Lands of Said Corporation in the City of Alameda, and Authorizing Execution of Agreement Pertaining Thereto." As requested earlier in the meeting, Mr. G. N. Pope, 1820 Bay Street, addressed the Council on the matter. Mr. James B. Davis, Attorney for Shore Line Properties, Inc., had also requested permission to speak at this time in the event he could answer any questions. The President recalled, for the information of all, that he had asked Councilmen La Croix and Rose to act as a Committee to work in conjunction with the City Manager, the City Engineer and the City Attorney with the Developers in preparing this Agreement and to report back to the Council. Councilman Rose verbally reported on the work sessions and the resultant Agreement - pointing up the financial aspects and the fact that the San Leandro Channel would be dredged in the process of this operation which would be of great benefit to the City. Councilman La Croix augmented the report with the remark that the City would have the option to purchase up to sixty -six acres of land - and emphasized that this would be "improved" acreage at the price of $7,500. per acre. It was also" stressed that the City would not have to purchase this full amount of land but merely that it could if it so desired. Both Councilmen felt the Agreement was mutually satisfactory and was fair and equitable in all of its ramifications. Councilman Freeman then questioned many of the provisions in said document and requested the inclusion of many amendments. She -felt all requirements should be "spelled out ". A very lengthy and detailed discussion was had on the entire matter with explanations being given by the City Attorney, the City Engineer and Mr. Davis. With regard to the dredging aspect of this case, Councilman McCall suggested that Congressman Miller be requested to explore, the possibility of some funds being made available to the U. S. Army Corps of Engineers for such an operation to improve the navigable waters of San Leandro Channel. The Presi- dent asked Mr. Weller to write to The Honorable George P. Miller, Congressman of the Eighth District, to explore this situation on behalf of:the City of Alameda. 18. At this point, President Godfrey called upon Mr. J. Birchfield who, earlier in the meeting, had requested :permission to speak on the ordinance proposed for introduction at this time. Mr. Birchfield, 1331 "B" Street, Hayward, had stated he was a member of the firm of Haley, Schenone, Tucker, Birchfield and Smith, and briefly explained the terms and pertinent information concerning the Lease Agreement in question. The Council entered into a full discussion of the several provisions of the Lease Agreement, and clarifications were given. Councilman Rose then introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series Authorizing Execution of Lease of Certain City -Owned Submerged Lands to C & S Dredging Co., Inc., for Purposes of Dredging and Removing Fill Materials Contained Therein." RESOLUTIONS: 19.'7 The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6680 Appointing Commissioners of the Housing Authority of the City of Alameda." (George B. Johnson and John F. Hanly, Jr.) 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. 20. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6681 Amending Salary Resolution No. 6658 by Creating the New Positions of Legal Stenographer, City Attorney's Office; Assistant Planning Director, Planning Department; Planning Technician, Planning Department; Heavy Equipment Operator, Golf "Department; Police Communications Dispatcher, Police Department; Identification Technician, Police Department; Departmental Secretary, Recreation "'Department; and Establishing the Salaries Therefor, and by Increasing the Salaries of Light Equipment Operator, Assistant Equipment Mechanic, Sewer Maintenance Leadman, and Street Sweeper Operator (Night Work'):" 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. 21. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6682 Certifying Report to State Department of Public Works of 1963 -1964 Fiscal Year Expenditures by City, in Conformance with Collier -Unruh Local Transportation Development Act." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22.x`' The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6683 Resolution of the Council of the City of Alameda in Appreciation and Commendation of Glenn A. Baxter, Retired General Manager of the Bureau of Electricity, Department of Public Utilities of the City of Alameda." 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. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 23. "Ordinance No. 1477, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (1615 Oak Street) Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. FILING: 24. License Agreement - Between City of Alameda and Robert E. Hannon. 25. Agreement - Between City of Alameda and Shore Line Properties, Inc. 26. Agreement - Between City of Alameda and C & S Dredging Co., Inc. 27 Financial Statement - Bureau of Electricity, as of July 31, 1964 - Verified by Hackleman & Larzelere. BILLS: 28. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $38,373.11, 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 September 1, 1964, 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. ADJOURNMENT: 29. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, September 15, 1964, at 7:30 o'clock. Respectfully sub d,