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1964-11-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING NOVEMBER 17 1964 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman McCall and was followed by an inspiring Invocation delivered by The Reverend Father Patrick J. O'Brien, Pastor, St. Philip Neri Church. At this time, the President introduced and welcomed Mr. Richard E. Watson, the newly appointed Assistant City Manager, who was greeted with hearty applause. 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 November 4, 1964, were approved as transcribed. President Godfrey also introduced the following visitors: The Honorable Fred W. Fraga, Mayor, and Councilmen Carl A. Crawford and Wallace E. Fox - all of the City of Emeryville. Also, The Honorable Leo Armstrong, Mayor of the City of El Cerrito. WRITTEN COMMUNICATIONS: 2. From National Audubon Society, signed by Mr. Carl W. Buchheister, President, urging the Council to give earnest consideration to preserving the natural state of the marshes and tidelands of Bay. Farm Island in order to retain the habitat of shore birds. The Clerk was instructed to acknowledge said communication. 3. From Mr. Edward L. Torrey, 2 Mecartney Road, requesting that his lands be excluded from the pro- posed Reclamation District. The letter was referred to the matter on the agenda this evening to be considered under ';'Hearings ". 4.11. From one hundred forty petitioners (in care of Ruth H. Popper, 925 Pearl Street), requesting a Pedestrian Signal Light or Crossing Guard at the intersection of Mound Street and Otis Drive. The petition was accompanied by a letter from the Lincoln - Edison -Otis Dads' Club, signed by Mr. Stanley S. Lambe, President, in support thereof. Also, a letter from Mrs. Arnold Hammer, 1801 Shore Line Drive, submitting the same request as con- tained in the petition - and a postal card from the R. C. Green Family, 2612 Bayview Drive, endorsing said request. The Clerk was directed to acknowledge all these communications with the information that the matter had been referred to the City Manager for a full report. 5.'i From Alameda West Lagoon Home Owners' Association, signed by Mr. George W. Kotschedoff, Secretary - Treasurer, requesting the matter of approval of the Agreement between said Association and the City with regard to the maintenance of the Lagoon System be considered at this meeting - instead of on December 1, as had been scheduled at the last Council meeting. This matter was referred to "Resolutions" for consideration at that time. 61 From Utah Construction & Mining Co., signed by Mr. Charles T. Travers, Assistant Secretary, con- cerning the Agreement between the Alameda West Lagoon Home Owners' Association and the City, afore- mentioned. It was also requested that the City certify that the lagoons have been constructed in accordance with plans and specifications, that they were operating in a satisfactory manner and have been for the past several years, and that reference to those provisions calling for a sand blanket be waived. Further, it was requested that the present improvement bond, in the sum of $20,000., be reduced to an amount acceptable to the City Engineer only for the purpose of installing the remaining street trees in Unit I. This communication, also, was referred to "Resolutions ". ORAL COMMUNICATIONS: v 7. Mrs. Rosemary Reichert, 2708 Bayview Drive, added her plea for.the Council's attention to estab- lishing some safety measure for the children's protection in crossing Otis Drive at Mound Street. 8/ Mr. Frank Gottstein, 731 Haight Avenue, reiterated his protests fic on Webster Street due to any stall in Posey Tube. He also spoke Webster Street area. 9. Mr. G. N. Pope, 1820 Bay Street, registered his objection to the expiration date of the lease on the swim facilities in Lincoln Park - sidered later in the meeting. 10 Mr. Anthony Bruno, 1530 Paru Street, concurred with the foregoing statement and said he felt the general public would not have use of these pools as soon as it should if the terms of the leases were going to be extended. against the congestion of traf- of the flood conditions in the requested extension of the which matter was to be con- 117Mrs. Jacqueline Schwartz, 1602 San Antonio Avenue, spoke in explanation of the swim -to -live pro- gram conducted at the swimming pools in both Lincoln and Franklin Parks. She stated it would be advantageous to have the leases on both facilities expire simultaneously. It was also pointed out that, eventually, both of these swimming pools would revert to the City. HEARINGS: 12. The matter was called up concerning the requested reclassification of certain properties on Buena Vista Avenue, St. Charles Street and Pacific Avenue - as specifically described in the petition - from the "R -2 ", Two- Family Residence District to the "R -3 ", Restricted Apartment District. Mr. M. C. Owen, owner of the property known -as 1714 St. Charles Street, was the petitioner in this case. The Clerk stated there was on file the Affidavit of Publication of the Notice of Hearing in this mat - ter. Also, copies of the minutes of the meeting of the Planning Board at which this subject had been considered had been sent to the Councilmen for their information. Upon request, Mr. Donald Johnson, Planning Director, reviewed the history of this matter, pointing up that the Board had recommended denial of the petition on the grounds that said "rezoned" area would then be an island of "R -3" District surrounded by an "R -2" District. Mr. Cunningham then stated the legal issue before the Council was whether the findings and recommenda- tion of the Planning Board in its advisory report based on Section 11 -175 of the Alameda Municipal Code should be approved, modified or disapproved. The President called for the proponents of the question. Mr. G. N. Pope expressed his opposition to amending the Zoning Ordinance in this fashion and spoke in support of the Board's denial of the petition. He did, however, offer a suggestion that this matter might be resolved through the variance procedure and felt Mr. Owen's problem could be worked out satisfactorily in this manner. Mr. Johnson stated Mr. Owen had been apprised of this method and was prepared to follow through in this respect. Mrs. Inez Kapellas, 1128 College Avenue, registered her complaint that the City does not have a true Master Plan. She felt there would not be these continual petitions for rezonings if a definitive Master Plan were in effect which could be- followed by the people for the utilization of their property. Upon the call for opponents to the decision of the Planning Board, Mr. Owen addressed the Council in explanation of his plans for developing his property which consisted of two contiguous lots. Following some discussion, and upon the suggestion of Mr. Johnson, Mr. Owen was urged to contact the Planning Department, where he would be assisted in seeking a variance which might then bring the pro- blem to a mutually satisfactory conclusion. There being no further speakers on the subject, the Hearing was declared closed. Councilman La Croix then moved the Council accept the recommendation of the Planning Director and uphold the decision of the Planning Board for denial of the petition for reclassification of said property. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13. Next called up was the Matter of the Petition of Shore Line Properties, Inc., for the formation of a Reclamation District covering the lands specifically described therein. A stenotype operator was present to officially record the proceedings in this matter and the transcript thereof was, by reference, made a part of the minutes of this meeting. The President opened the Hearing with the reading of a prepared statement pointing up the fact that the City Council had very little discretionary powers in this matter under the Water Code provisions regulating the formation of such districts. Upon request, Mr. Cunningham stated the principal issue before the City Council was whether the allega- tions and statements in the Petition were correct. The matters to be proved and which must be shown as correct were: (1) That the Petitioner owned one -half or more of the lands which were subject to overflow by water; (2) That he wished to reclaim these lands; (3) That the lands can be reclaimed by the method he has proposed; (4) Description of the exterior boundaries of the proposed district; (5) The name of each owner of record of real property situated within the proposed district; (6) The total number of acres involved in the proposed district; and (7) The County in which the dis- trict lies. Mr. Cunningham stated an additional issue was present - that contained in the proposed "Order ", a copy of which had been furnished the Councilmen. This was whether all of the described property would be benefited by the formation of the proposed district. All of these matters were factual questions for the exclusive determination of the City Council. Mr. James B. Davis, 2722 Bayview Drive, Attorney with the firm of Weinmann, Rode, Burnhill & Moffitt, and representing Shore Line Properties, Inc., addressed the Council on behalf of said Petitioner. Mr. Davis filed with the City Clerk the Petition for the Formation of a Reclamation District, the Notice of Time of Presentation and Hearing of Petition for Formation of a Reclamation District and the Affi- davits of Publication and Mailing of these two documents. Mr. Davis then proceeded to introduce into evidence the following documents: Exhibit "A ", Grant Deed from Utah Construction & Mining Co. to Shore Line Properties, Inc.; Exhibit "B ", Certified copy of a portion of the 1964 -65 Assessment Roll of County of Alameda; Exhibit "C ", Affidavit signed by James L. Hegland, Vice President of Western Title Guaranty Company Alameda County Division, with reference to the Assessment Roll; Exhibit "D ", Map showing exterior boundaries of the Reclamation District; Exhibit "E", Smaller pictorial Map also showing this District for the primary purpose of distribution to the City Council for its orientation in the discussion; Exhibit "F ", Certified copy of Resolution No. 64 -28 of Local Agency Formation Commission of Alameda County, approving the Reclama- tion District boundary. Mr. Calvin Jones, Civil Engineer, of the firm of Jones -Thenn & Associates, was sworn as a witness on behalf of the Petitioner. The following interested persons spoke in opposition to the question: Charles Van De Mark of Pacifica, owner of property on Mecartney Road; Edward L. Torrey, 2 Mecartney Road; Jacqueline Schwartz, 1602 San Antonio Avenue;• Inez Kapellas, 1128 College Avenue; June Hokanson, 1015 Sherman Street; G. N. Pope, 1820 Bay Street; Mrs. Jon Roberts, 1721 Pearl Street, who read letter dated November 17, 1964, from The Alameda Woman's Civic Affairs Committee; Howard L. Cogswell, 24849 Second Street, Hayward; Daniel Newton, Berkeley; Harry Earthman, Oakland, Vice President of the Associated Sportsmen, who read a prepared statement; Ariel Parkinson, 1001 Cragmont Avenue, Berkeley; Sylvia McLaughlin, representing the Save San Francisco Bay Association; Verla Smith, 219 Beach Road; Marilyn W. Garvey, 2515 Hill Court, Berkeley; John Grigsby, Bay Farm Island; Irving Johnson, 1529 Willow Street; Elinor E. Petersen, 7400 Greenlee Drive, Oakland; Milton and Julius Kahn, 467 Central Avenue, owners of Bay Farm Island property; Elsie Roemer, 1556 Everett Street. Mr. Thomas L. Ferro, Attorney, represented owners of approximately ten acres on Bay Farm Island, and urged the Council to take action at this meeting in approval of the Petition. The President declared the Hearing closed. There being no objections, the order of business was revised and the meeting referred to "Resolutions ". RESOLUTIONS: 14. Councilman McCall introduced the following resolution and moved its adoption: 'Resolution No. 6703 Ordering Approval of Petition for Formation of a Reclamation District." The motion to adopt said resolution was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Councilmen McCall, Rose and President Godfrey, (3). Noes: Councilmen Freeman and La Croix, (2). Absent: None. The President then declared said resolution adopted. The meeting reverted back to the regular order of business and continued. REPORTS OF OFFICERS, BOARDS, ETCETERA: 15' From City Manager, recommending contract be awarded to West Coast Machinery, Inc., low bidder, for furnishing three Three -Wheel Vehicles for the Golf and Park Departments, at the total cost of $3,198. Councilman Freeman moved the recommendation be approved; that contract be awarded to said firm for furnishing the specified equipment at the price quoted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 16 ✓ From City Manager, recommending authority be granted for negotiation and purchase in the open market of a Van Truck for the Library - since no bids had been received on the recent call. Councilman Freeman moved the recommendation be followed; that the City Manager be authorized to nego- tiate and purchase in the open market said Van Truck, as requested. The motion was seconded by Coun- cilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17:1 From Alameda Recreation and Parks Commission, signed by the Secretary, recommending the Alameda Swimming Pool Association be granted an extension of its lease covering facilities at Lincoln Park to coincide with the expiration date of the lease on the pool at Franklin Park. The matter was referred to "Introduction of Ordinances ". J 18. From City Planning Board, signed by the Secretary, recommending Property Division Map No. 125 be approved with the specific exception to Section 11 -3119 to permit less than standard frontage and area on Lots 1 and 2, and less than standard frontage on Lot 3 - as set forth in its letter dated Octo- ber 30, 1964. 19. From City Planning Board, signed by the Secretary, recommending Property Division Map No. 121 be approved, subject only to the conditions contained in the City Engineer's report of July 24, 1964, and granting specific exception on the area for both lots and on the width of the westerly lot, as set forth in its letter dated November 16, 1964. These two matters were referred to "Resolutions ". INTRODUCTION OF ORDINANCES: 20. Councilman McCall introduced the following ordinance, after which it was laid over under provi- sion of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing Sale of Certain City -Owned Real Property to the Alameda Unified School District (Portion of 8.54 Acres, Most Westerly Southwest Corner of Otis Drive and Rosewood Way)." 21. Councilman Freeman introduced the following ordinance, after which it was laid over under provi- sion of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing Execution of Amendment to Lease Between City as Lessor and Alameda Swimming Pool Association as Lessee by.Extending Termination Date Thereof from June 30, 1969, to June 30, 1976." (Portion of Lincoln Park) UNFINISHED BUSINESS: 22. President Godfrey reported on his discussion with the City Attorney on the subject of whether or not the Clerk's certification of all ordinances - which shows the vote of each Councilman thereon - should be published and printed. Councilman Freeman moved said certification as attached to all City ordinances be published. The motion was seconded by President Godfrey. Speaking on the question, there was considerable discussion of this matter. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen Freeman, La Croix and President Godfrey, (3). Noes: Councilmen McCall and Rose, (2). Absent: None. 23. The President also referred to the paving and drainage deficiencies on Peach Street between Fillmore and Calhoun Streets as had been broached and discussed at the last meeting. City Engineer Hanna had subsequently submitted a complete report on the situation to the Councilmen. He had recom- mended that, upon receipt of the proper request, the City Council direct the Superintendent of Streets . to notify the affected property owners to construct the improvements on Peach Street. It was developed that temporary measures had been taken to relieve the flooding conditions on Peach Street. Councilman McCall then moved the City Engineer be authorized to proceed in this matter in accordance with the provisions outlined. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 24:' Counci next Counci of the Fill the points It was also cations and v' 25. President Godfrey also spoke of the recent request from the Alameda Unit of Republican Women for the American Flag to be flown over the Portal at Posey Tube. The Clerk was instructed to inform this group that the Flag was and had been flown over this structure but it was at the Oakland entrance rather than at the Alameda entrance. lman Freeman requested that the City Attorney prepare an ordinance for introduction at the 1 meeting which would repeal Ordinance No. 1480, New Series, which authorized the execution Agreement for the Bay Farm Island development. She read a prepared statement setting forth she desired said ordinance to contain and explained her reasons for making this request. requested that Mr. Cunningham prepare a report for the Council explaining the legal impli- effect of such an ordinance and submit his recommendation on the subject. NEW BUSINESS: 26. Councilman McCall suggested that the Alameda- Contra Costa Transit District be requested to estab- lish a "shoppers' special" bus fare which would allow passengers to make round trips within the City and do their shopping in various areas en route - especially during the pre - holiday peridd. The City Manager was to inquire into such a plan. 27. Mr. Cunningham referred to a certain Court case in which the City of Alameda had been named defendant. He said it was necessary to obtain a Litigation Report from the Title Company which would cost approximately $400. and he requested authorization to make this expenditure. Councilman La Croix moved the City Attorney be so authorized. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 28. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6704 Cancelling City Taxes on Property Acquired by the City of Alameda for Municipal Purposes (8.54 Acres Otis Drive and Rosewood Way, and 1419 Everett Street)." 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. 29. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6705 Requesting Cancellation of County Taxes on Property Acquired by the City of Alameda for Municipal Purposes (8.54 Acres Otis Drive and Rosewood Way, and 1419 Everett Street)." 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. 30. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6706 Authorizing Execution of Agreement Relating to Maintenance of South Shore Lagoon System." 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. In connection with this matter, reference was made to the communication from Utah Construction & Mining Co., which had been laid over for consideration at this time. Following some discussion, Councilman Rose moved that any reference to a sand blanket or firm sand bottom on the lagoons con -_ tained in any of the prior plans of the subdivision be waived and be made not a part of the require- ments of said subdivision and that the Council finds the lagoons have then been constructed in accord- ance with the plans and specifications. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. It was pointed out that this "waiver" was granted on a showing by a recognized consultant that this requirement was impractical. Upon the recommendation of the City Engineer, Councilman Rose then moved that the existing bond in the amount of $20,000. be reduced to $2,000. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6707 Approving Property Division Map No. 125 for Division of Property on the South Side of Calhoun Street between Peach Street and Market Street, Alameda, California, and Permitting Recording Thereof (Schmidt & Gravatt)." 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. 32. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6708 Approving.Property Division Map No. 121 and Permitting Recording Thereof." 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. 33. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6709 Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Property Division Map No. 121 -- Property at the Southeast Corner of Garden Road and Flower Lane (D. & M. McClure) and Approving Faithful Performance Bond as to Sufficiency." 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. 34. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6710 Adopting Specifications, Special Provisions and Plans for Installation of a Storm Sewer in Pearl Street from Otis Drive to Calhoun Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution as seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 35. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6711 Adopting Specifications, Special Provisions and Plans for Installation of a Storm Sewer on Thompson Avenue Easterly of High Street, 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: Five. Noes: None. Absent: None. 36. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6712 Adopting Specifications for Furnishing to the City of Alameda Five (5) New, 8- Cylinder, 4 -Door Sedans, 1965 Models, with Automatic Transmission, for Police Department, 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: Five. Noes: None. Absent: None. 37. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6713 Adopting Specifications for Furnishing to the City of Alameda Sixty -four (64) Chairs for Golf Department, 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: Five. Noes: None. Absent: None. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 38. "Ordinance No. 1489, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision 44 to Section 17 -333 Thereof,. Relating to All Time No Parking (West Side of Eighth Street Southerly of Central Avenue)." Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 39. Agreement - Between City and Alameda West Lagoon Home Owners' Association re. Lagoon Maintenance. 40. Agreement - Between Dennis and Myrle McClure and City, re Property Division Map No. 121. 41. Specifications No. PW 11 -64 -29 - Installation of Storm Sewer in Pearl Street from Otis Drive to Calhoun Street. 42. Specifications No. PW 11 -64 -30 - Installation of Storm Sewer in Thompson Avenue easterly of High Street. 43. Specifications No. MS 11 -64 -11 - Furnishing Five (5) New 1965 Sedans for Police Department. 44. Specifications No. MS 11 -64 -12 - Furnishing Sixty -four (64) Chairs for Golf Department. BILLS: 45. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $41,014.34, 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 November 17, 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: 46. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, December 1, 1964, at 7:30 o'clock. Respectfully submitted,