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1964-10-06 Regular CC Minutes7 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING - - - - - - -- OCTOBER 6, 1964 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman La Croix and was followed by the delivery of an inspiring Invocation by The Reverend Mr. Robert O. Admmo, Curate of Christ Episcopal Church. ! ' ROLL CALL: The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey, (5), /sere noted present. Absent: None. MINUTES: l. The minutes of the adjourned special meeting and the adjourned regular meeting held on Septem- ber 29, 1964, were approved as transcribed. 2)/ At this time, the President introduced and welcomed Mr. Abraham Kofman, Vice Chairman of the Highway Commission of the State of California, and also The Honorable Leland W. Sweeney, Vice Cbuirman of the Board of Supervisors of Alameda County. Supervisor Sweeney was called upon and reviewed the history of the "Mayors' Formula" with regard to the allocation of gasoline tax funds to the cities and he recited the sums of money which had been distributed for certain street rights-of-way and construction during the past ken-year period. He then presented to Mayor Godfrey for the City a check in the amount of $110,026.30 for the 1964-1905 fiscal year, which was acknowledged with thanks. WRITTEN C08MD0ICAIIO03: 3. From Alameda Unit of Republican Women, signed by Mrs. Gladys L. Dolan, Corresponding Secretary, inquiring why the American Flag was not posted over the Alameda entrance to Posey Tube - as had been previously requested. It was developed that the Flag had been flown over the "office" portion of Posey Tube which was at the "Oakland" end thereof. City Engineer Hanna stated he had discussed the situation with the local office of the State Division of Highways and if the City desired to pursue the matter further to have the Flag flown over the "Alameda" end of said Tube, a letter would have to be written which could be presented to its office in Sacramento. The President felt it was worth the effort to have a letter written to endeavor to have the Flag flown at the Alameda entrance to Posey Tube. He asked that the City Engineer write such a letter and the City Clerk acknowledge the communication, informing this organization of the situation. 4.` From Alameda Chamber of Commerce, signed by Mr. Ralph M. Smith, General Manager, submitting a copyof its Resolution No. 650I, in protest against the establishment of Aeromarine of Oakland Sea- plane Base to be located in the Oakland Inner Harbor (Estuary). Upon request, Mr. Hanna pointed out this proposed Base would be at the north and of Grand Street. Mr. Ralph Smith then commented that the exact purpose of this installation was unknown other than it would be a privately operated training area for pilots for seaplane activities. It was believed that this proposed operation would definitely be detrimental to the existing commercial and recreational activities in the Estuary. Councilman McCall moved the City Council go on record in support of Resolution No. 6501, adopted by the Alameda Chamber of Commerce in protest against the establishment of said Seaplane Base. The motion was seconded by Councilman Rose and carried on the following vote. Ayes: Five. Noes: None. Absent: None. The President stated a letter would be sent to the Federal Aviation Agency, Western Region, indicat- ing the Council's endorsement of the Chamber's resolution. HEAR INC 3: 5. The mutter was called up concerning the Appeal from the decision of the City Planning Board to deny a variance in certain proposed construction on the property at 1417-1421 Benton Street. The Appeal was filed by Mr, Larry Surano, President of Dart Construction Company, Inc. The Clerk stated Mr. Surano had been notified that this would be the time and place for the Public Hearing on. his Appeal. Also, copies of the minutes of the Planning Board meeting at which this mutter was considered had been given to the Councilmen for their information. Upon request, Mr. Donald Johnson, Planning Director, reviewed the circumstances involved in this case. He emphasized that an incongruous situation prevailed in the Zoning Ordinance which affected this particular type of construction. Mr. Johnson pointed up the fact that the Staff felt the variance was in order and had recommended accordingly. He also stated he expected to initiate an amendment to the Zoning Ordinance which, would obviate the inconsistency. 8z. Cunningham then stated the legal issue was whether or not the action of the Planning Board under Section 11-161(h)(e) of the Alameda Municipal Code should be affirmed, modified or reversed. Upon inquiry by the President as to tbete being any proponents who desired to speak in favor of the denial of the variance, there was no response. The President next called upon the opponents to the question and Mr. Larry Surano addressed the Council. He explained the inadvertence which had occurred in this building project and apologized for the violation of the regulations. Mr. Surano asked for the Council's leniency in this matter and gave assurance there would be no repetition. Be also referred to a letter from the Fire Prevention Bureau, signed by Lt. Alan Benin8er, which had indicated the variance would not seriously interfere with fire operations in the area, should such emergency erioe. There being no further speakers on the subject, the President then declared the Hearing closed. The Council discussed the situation and Mr. Johnson clarified certain points, and reiterated that the allowance of the variance would not adversely affect the structure involved or the neighborhood. Councilman La Croix moved the Appeal be granted - the variance be allowed and the decision of the Planning Board be reversed. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. 6.1 The matter was next called up with regard to Constructing a Sidewalk on a Certain Portion of Fillmore Street in accordance with provisions of Sections 5870, et seq., of the Streets and Highways Code - and any objections or protests thereto. The Clerk stated there was on file the Affidavit of Service of Notice to Mr. Carl G. Poole at 1033 Mound Street, the owner of the property in question. Upon request of the Superintendent of Streets - and there being no objections from any member of the City Council, the President stated the Bearing on this matter would be continued to the Council meeting to be held Wednesday evening, November 4, 1964, at 7:30 o'clock. REPORTS OF OFFICERS, BOARDS, ETCETERA: 7. From Public Utilities Board, signed by Mr. Frank F. McClintock, President, informing the Council of its proposed purchase of certain property at the northeast corner of Clement Avenue and Grand Street on which to relocate the present Plant Office and Warehouse, now at 920 Park Street. The Clerk was instructed to acknowledge the letter with thanks for keeping the Council apprise 6 of this proposed action. 8.\/ From City Manager, submitting the request of Jones, Thenn & Associates for approval of the Final Map of Tract No. 2646, a Condominium Subdivision of Parcel 1 of Property Division Map 110, (Westline and Shore Line Drives) ~/-� 9.` From City Manager, submitting the request of Jones, Thenn & Associates for approval of the'' Final Map of Tract No. 2647, a Condominium Subdivision of Parcel 2 of Property Division Map 110. (Westline and Shore Line Drives) These two matters-were referred to "Resolutions". This matter was also referred to '`Qeuolutione". 10‘.( From City Planning Board, ai&ue6by the Secretary, recommending approval of Property Division Map No. 128, filed by Mr. Marvin Hoopaugh, covering two lots at the northwest corner of Pacific Avenue and Fifth Street, with specific exception to Section 11-3119 of Ordinance No. 1208, New Series, to permit less than the regUtred width on Lot No. 1 and less than the required area on Lot No. 2. ll. From City Planning Board, signed by the Secretary, recommending disapproval of the Tentative Map of Tract No. 2707, a proposal to resubdivide twelve lots into twenty-three lots along the east side of Westline Drive north of Otis Drive. The President reported that this Tentative Map had been withdrawn from consideration at this time by telephone request from the Developer. Mr. Calvin Jones of Jones, Thenn & Associates, Civil Engineers, stated he, too, had been requested to withdraw said Tentative Map. 12. From Mr. Carl Hamilton, City Librarian, submitting the Annual Report of Alameda Free Library. This was accepted and ordered filed. 13. From City Manager, recommending contract be awarded to American Rubber Manufacturing Cu., low bidder, for furnishing certain Fire Hose, at the total price of $2,527.62. -v Councilman La Croix moved the recommendation be adopted; that the contract be awarded to the daoig- nate6 Company for furnishing the specified item at the cost quoted. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: Nnoa. 14. From City Manager, recommending contract be awarded to American LaFrance, low bidder, for furuisblng~one Class "A" Pumper for the Fire Department, at the total cost of $25,357.28. Councilman McCall moved the recommendation be followed and the contract be awarded to the firm indi- cated for furnishing the specified vehicle at the total price quuted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 15. 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 Authorizing Transfer of Certain City-Owned Real Property to East Bay Municipal Utility Diottict, and Authorizing Execution of Agreement Relating Thereto (Krusi Sewage Pumping Plant and Appurtenances)." NEW BUSINESS: 16.V Councilman McCall referred to the withdrawal of the Tentative Map for Tract No. 2707 and then asked that a complete map of the area be drawn indicating the uses the City would make thereof in the section adjacent to the Alameda Memorial State Beach. He felt this was a problem area and the City should assume its responsibility in developing these lands. Considerable discussion ensued with regard to the several aspects of the situation. It was believed that recreational facilities for this area could not be definitely determined at this time. The President stated that, in view of the cancellation of the special meeting which was to have been held this afternoon with the Board of Education, he would pursue the matter and arrange for a meet- ing with said Body in the near future to discuss this subject. 17. Councilman McCall also called attention to the following three dilapidated houses: 2144 Lincoln Avenue, the northeast corner of Garden Road and Flower Lane, and the Walker property on Oak Street. He stated these conditions were deplorable and inquired what could be done. Mr. Hanna explained the circumstances involved in each case and the lawful proceedings by which his Staff could take remedial actions, if necessary. He onnoented that steps were presently underway to improve the Lincoln Avenue and Garden Road properties. There was a lengthy discussion of the Oak Street problem which entailed not only the "sealed" house, thereby prohibiting the City from taking any corrective action - but also the grounds which were overgrown with trees and shrubs and covered with debris. Anxiety was expressed that this condition could encourage misconduct. Messrs. Hanna and Cunningham clarified the provisions of the law and legal technicalities involved. 18. Councilman Freeman read a letter addressed to her, dated October 2, 1964, from The Alameda Woman's CiVic Affairs Committee, signed by Doris S. Chapman, Chairman of Subcommittee on Bay and Shore Development. Copies of the letter had been sent to the other Councilmen. It was requested that copies of certain documents be furnished this group. During the course of a lengthy discussion, and at the request of Councilman Freeman, Mr. James B. Davis, Attorney for Shore Line Properties, Inc., agreed to answer the communication in clarification of certain points and to send a copy of the "Fill Agreement" at the proper time. Questions were raised concerning what documents and correspondence were public property and the propriety and legality of making available indiscriminately any or all papers requested. Suggestions and motions were made, argued and withdrawn. ' Finally, Mr. Davis reiterated his willingness to reply to this letter and the subject was dropped. RESOLUTIONS: 19. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 8691 Approving Final Maps of (1) Subdivision Known as Tract 2646, Being a Condominium Subdivision of Parcel 1 of Property Division Map No. 118, and (2) Subdivision Known as Tract 0o, 2647, Being a Condominium Subdivision of Parcel 2 of Property Division Map No. 1I0," The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Fine, Noes: None. Absent: None. 20. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6692 Approving Property Division Map 0o, 128 for Division of Property at the Northeast Corner of Pacific Avenue and Fifth Street, Alameda, California, and Permitting Recording Thereof -- Marvin C. 800pau8h." 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. 21. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6693 Resolution Denying Verified Claim for Damages by Palmer A. Coler." 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. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6694 Adopting Specifications, Special Provisions and Plans for Construction of a Storm Sewer in Walnut Street from Lincoln Avenue to Santa Clara Avenue, Alameda, California, 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. 23.' The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6695 Assessing Cost of Construction, Under Improvement Act of 1911, of Street Improvement on Premises Known as 57 Garden Road, Alameda, California." The motion to adopt said resolution was seconded by Councilman Freeman and on roll cull carried by the following vote. Ayes: Five, Noes: None. Absent: None. 24. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6696 Resolution of the Council of the City of Alameda in Memoriam to Stanley E. Znoj, Sr, "WITH PROFOUND GRIEF, the Council of the City of Alameda records the death of one of its faithful employees, STANLEY E. ZNOJ, SR., Parking Meter Repairman. "WHEREAS, Mr. Znoj had been in the employ of the City of Alameda since September 30, 1939, and had been most dependable and efficient in performing his duties and had ever been accommodating and cooperative with all of his fellow workers who have indeed been shocked and saddened by his sudden and untimely death; and "WHEREAS, Mr. Znoj had been an active member of the Alameda Municipal Civil Service, Employees Association, having served as the President thereof during 1960, and had also participated in other City activities which had engendered the friendship of his associate employees. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of the loyalty of Mr. Znoj, the excellent service rendered by him during 6ia.loog-term employment, and the harmonious relations prevailing with all of his associates, the Council of the City of Alameda hereby expresses its sense of gratitude and esteem for the fine caliber of this gentleman and his desire to give his best effort. "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. Znoj in order to extend to its members a sincere 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 STANLEY E. ZNOJ, 3R.° 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. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 25. "Ordinance No. 1482, New Series An Ordinance Amending the Alameda Municipal Code by Repealing, Adding, and Amending Certain Subdivisions of Section 17-432 Thereof, Relating to Stop Intersections." Councilman Freeman moved the ordinance be passed as oeubmitte6. The motion was seconded by Council- , man La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: -i None. 26. "Ordinance No. 1483, An Ordinance Amending the Alameda Municipal Code by Amending Subdivision (2) of, and Adding Subdivision (43) to, Section 17-333, Relating to All Time No Parking, and Amending Subdivision (13) of Section 17-431, Relating to Through Highways." New Series Councilman Rose 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. (70 27. "Ordinance No. 1484, New Series r_"—. ^"_u" Freeman moved the ordinance be pa s passed as submitted. The motion was seconded by Council- man La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 28. "Ordinance No. 1485, New Series . ' | An Ordinance Reclassifying and Rezoning Certain Property Within the City of 1lamedu by Amending Zoning Ordinance No. 1277' New Series." (Fourth and Fif t6 Streets and Taylor Avenue) Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Council- man An Ordinance Amending Ordinance No. 1 480, New Series, by Authorizing Modification of Agreement Authorized in Said Ordinance, Said Modi-fication Relating to Additional Obligation of Permittee to Dredge Channel Westerly from Bay Farm Island DridQe." (Shore �ine �ropertieo, Inc.) Councilman McCall moved �he ordinance bo paooe6 ao aubmi��ed. Ike mo�ioo �ao ueconded hy Councilmao Rose and carried on the following roll call vote. Ayeo: Five. Noes: None. Absent: None. ' { { 30, Deed from City to East Bay Municipal Utility District - and Agreement between City and East Bay Municipal Utility District concerning Krusi Sewage Pumping Plunt, 31, Financial Sta tement - Bureau' of Electricity, as of Auguat 31, 1964 - Verified by 8ackleman & Larzelere. 32. Specifica tions, Special Provisions and Plans No. PW 8-64-24 - Construct ion of Storm Sewer in Walnut Street from Lincoln Avenue to Santa Clara Avenue. BILLS: 33. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $44,152.82, were presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the Claims show were correct.. Councilman McCall moved the bills itemized in the List of Claims filed with the City Clerk on October 6, 1964, and presented to the Council at this meeting, be alloned and paid. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: An Ordinance Amending the Alameda Municipal Code by Amending Sections 17-581 Through 17-584 of Title XVII, Chapter 5, Article 8 Thereof, and Repealing Sections 17-585 and 17-586 Thereof, Relating to Prima Facie Vehicular Speed Limits on Certain Public Streets." Rose �uaa aod carried on the following roll call vote. Ayes: Five. Noes: 0one, Absent: None. 29. "Ordinance No. 1486, New Series FILING: 34. At this point, the President called up the Council and the audience for a moment of silence in observation of the death of Stauley'E. Znoj, Sr., City Employee. 35. The President then declared there would be a five-minute recess after which the Council would retire into an executive session in Room 303 of the City Hall for a discussion of certain personnel matters. Councilman McCall moved the Council so proceed. The motion was seconded by Councilman La Croix and unanimously carried. Upon reconvening, City Mana&er Weller submitted an oral report concerning his interviews of appli- cants for the position of Assistant City Manager and the question of starting Salary was discussed and determined� The Council then resumed the regular Council meeting and Councilman La Croix moved the City Manager be authorized to employ the deoiredpurty to fill the vacancy now existing in said pouition. The motion was seconded by Councilman Rose and unanimously carried. ADJOURNMENT: 36. There being no further business to come before the meeting, the Council adjourned in respect to the memory of Stanley E. Znoj, Sr. - to assemble in regular session on Tuesday evening, October 20, 1964, at 7:30 o'clock. Respectfully submitted, / A' Cit erk • •