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1964-12-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING - - - DECEMBER 1 196 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. Ralph Wilde, Associate Pastor, First Methodist 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 November 17, 1964, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mrs. J. Coler -Dark, 3205 Sterling Avenue, accompanied by a petition signed by thirty -one residents, requesting that a traffic light be installed at the intersection of High Street and Encinal Avenue, for the protection of school children in the vicinity. The matter was referred to the City Manager to have a full report submitted to the City Council. The Clerk was to acknowledge the letter and so inform Mrs. Coler -Dark. 3tl{ From Weinmann, Rode, Burnhill & Moffitt, Attorneys for Shore Line Properties, Inc., Petitioner, signed by Mr. James B. Davis, submitting a petition requesting the Council to adopt a resolution order- ing an election to be held to elect the first Board of Trustees of Reclamation District No. 2105. The matter was referred to "Resolutions ". 4. From the Association of Bay Area Governments, signed by Mr. Kent D. Pursel, President, request- ing support of its policies to oppose construction of the San Luis Interceptor Drain and related projects, pending completion of studies. Following some discussion, Councilman McCall suggested the Council adopt the same resolution which had been adopted by the Alameda County Board of Supervisors pertaining to this subject. The matter was then referred to "Resolutions ". 5. From Alameda County Mosquito Abatement District, requesting the appointment of a City of Alameda representative on its Board of Trustees for the two -year term. commencing, January 2, 1965. This matter, too, was referred to "Resolutions ". 6/' From Citizens' Committee for an Elected Board of Education, signed by Mrs. Edna Burke, Secretary, requesting that the issue for or against an elected Board of Education be placed before the voters of Alameda. The President stated that, at the special meeting held last Tuesday, November 24, the Council had voted not to place this particular issue on the ballot for the General Municipal Election to be held next March. The Clerk was to acknowledge the communication accordingly. 7 From City of Oakland, signed by The Honorable John C. Houlihan, Mayor, formally advising the City Council that the City of Oakland would withdraw any further financial support of the Oakland Fire Boat as of the close of business, December 31, 1964. The Clerk was directed to acknowledge the letter, pointing up the fact that the Council of the City of Alameda had always taken the position that the operation of the Fire Boat was not the financial responsibility of either of the Cities of Oakland or Alameda but rather that of the Port of Oakland. Councilman McCall referred to a former discussion of this matter and inquired if an investigation had been pursued to find out if it would be possible for this Fire Boat to be docked at the U. S. Coast Guard Station at Government Island. He felt there was personnel available, trained in fire fighting, who could operate said Fire Boat in the event of an emergency along the Estuary waterfront. Mr. Weller replied that this had been explored and explained that there were certain Federal regula- tions which prohibited such an operation. He reviewed the steps which had been taken in an attempt to procure cooperation from the waterfront property owners in the financial support of this fire protection - but to no avail. Mr. Weller offered to check further into the matter. ORAL COMMUNICATIONS: 8. Mrs. Edna Burke, 1221 Grand Street, spoke on behalf of the Citizens' Committee for an Elected School Board in an earnest attempt to have this measure placed on the ballot for the next Municipal Election,to be held in March, 1965. 9. Mrs. Inez Kapellas, 1128 College Avenue, addressed the Council on the same subject, demanding that the people be given the right to vote on this question at the coming City Election. 3 c 9 10" G. N. Pope, 1820 Bay Street, registered his objections against the Council holding special meetings in the afternoon when it was difficult for citizens to attend. He also protested against the use of his tax funds to pay for the City's membership in the International City Managers' Association. 11.v Mr. Robert E. McPeak, 1511 Grand Street, representing the Park Street District Association, referred to the proposed plan of the merchants to suspend operation of the parking meters during the month of December, 1964. He explained that in meeting with City Manager Weller and City Attorney Cunningham, to work out this idea, the merchants learned of certain procedures and time elements of which they had not been aware. Therefore, he desired to withdraw the plan at this time with the thought in mind that they could possibly work out such a program for next year and present it at the proper time. President Godfrey and Mr. Weller expressed their appreciation to Mr. McPeak for his courteous presenta- tion and they offered the cooperation of the City Staff in future endeavors in this respect. 12. Mrs. J. Benton Coffman, 2846 Santa Clara Avenue, added her plea for the Council to include the measure concerning an elected School Board on the ballot at the coming General Municipal Election. HEARINGS: 11V The matter was called up with regard to the Appeal from the decision of the Planning Board to deny the request to erect a conventional duplex on the property at 1300 Court Street (corner of Court Street and Encinal Avenue). The Appeal was filed by Mrs. Mary B. Canepa. The Clerk stated the Appeal had been filed in accordance with provisions of the Zoning Ordinance and Mrs. Canepa had been notified that the Hearing would be held at this meeting. Also, copies of the minutes of the Planning Board meeting at which this matter was considered had been sent to the Coun- cilmen for their information. Mrs. Canepa spoke in explanation of her plans for developing her property with the usual type of duplex and pointed out it would be a great improvement of this corner. She distributed snapshots of the structure she contemplated having erected. Considerable discussion ensued in clarification of certain legal and technical points involved in the Zoning Ordinance regulations and in the interest of good planning. The Hearing was then declared closed. Councilman La Croix then moved that the recommendation of the Planning Board be reversed and the necessary variance be granted to Mrs. Canepa to develop her property with the type of duplex proposed. The motion was seconded by Councilman McCall and on roll call carried on the following vote. Ayes: Five. Noes: None. Absent: None. .14.: The matter was next called up concerning the requested reclassification of that area known as Estuary Housing Project. Certain portions thereof from the "M-2-G", General Industrial (Mfg.) - Government District, to the "R-4", Neighborhood Apartment District, and to the "C-1", Neighborhood Business District. B. H. Moscini, N. A. Crisafi and L. A. Martino, petitioners. The Planning Board had recommended the rezoning as requested. A letter had been received from the Council of Social Planning - Alameda City Area, signed by The Reverend H. W. Van Delinder, President, and Mr. Francis J. Castle, Chairman, Housing Committee, urging the City Council to defer any:decision on rezoning this area until further study could ascertain the effects of such a development as proposed. 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 Planning Board meeting at which this matter was considered had been sent to the Councilmen for their information. The Planning Director was called upon and he reviewed the history of this situation and explained the factual data. He stated there were complete reports on the condition of the buildings involved and what would have to be done to bring them up to the standards established by the several Codes - Housing, Plumbing, Electrical. It was also developed that there were certain legal questions pertaining to this matter and the position of the Housing Authority of the City of Alameda which should be clarified. The City Attorney then stated that the legal issue before the Council in this Hearing was whether the findings and recommendation of the Planning Board, in its advisory report based on Section 11-175 of the Alameda Municipal Code, should be approved, modified or disapproved. Upon the call for proponents in this matter, Mr. James Hadfield, Attorney, stated he represented the Zion New Hope Church of God in Christ, primarily, but for the Hearing tonight he had also agreed to represent the land owners and developers in view of the fact that their Attorney, Mr. Coblenz, could Upon request, Mr. Johnson, Planning Director, reviewed the history of this case - explained pertinent facts involved and the thinking of the Planning Board which resulted in its decision. Mr. Cunningham then stated the legal issue before the Council was Whether or not the action of the Planning Board under Section 11-161(b)(e) of the Alameda Municipal Code should be affirmed, modified or reversed. Upon the call for proponents of the question, there was no response. The President then called for the opponents to the denial of Mrs. Canepa's request to erect a conventional duplex on her property. not attend this meeting. Mr. Hadfield proceeded to speak at great length in submitting his argument for the reclassification of the property as requested. He referred to the important legal question concerning the Housing Project in that it was constructed in 1942 under Federal Law as Temporary War Housing, and explained their plans for action by the State Legislature which would allow its use for low -rent housing for a longer period. The following also spoke in favor of the requested rezoning: Mr. Clarence Gilmore, Chairman of the Citizens Committee for Low -Rent Housing, 343 -A Mosley Avenue; Mr. G. N. Pope, 1820 Bay Street; Mrs. Inez Kapellas, 1128 College Avenue; Mr. Ashley Jones, 1040 Fairoaks Avenue; Mr. Carter Gilmore, President, Local Branch, National Association for the Advancement of Colored People; Mrs. Mary R. Rudge, 2124 Rodgers Court. The 'President then called for the opponents to the question. Mr. Francis J. Castle, 1119 Broadway, member of the Council for Social Planning, explained that its request for delay of action in this case was merely for investigation of the effect upon recreation and school facilities in the area. Mr. Hadfield then spoke in further explanation of their plans. Mr. B. H. Moscini, 1310 Murchison Drive, Millbrae, one of the owners and developers, also addressed the Council and pointed up the desire of all concerned to establish and maintain the low -rent housing proposed. The President then declared the Hearing closed. Mr. Johnson, Planning Director, stated he had always been in protest against this particular applica- tion. He pointed out he had constantly advised the Planning Board and the City Council against making this particular zone change and stated his reasons were based solely on planning judgment. He explained in detail his thinking on the subject. Councilman La Croix then moved that the recommendation of the City Planning Board be ratified and the requested reclassification be granted as set forth in the application. The motion was seconded by Councilman Freeman. Speaking on the question, Councilman McCall suggested the motion be amended to include the report of the. City Engineer, dated July 21, 1964, and the rezoning be subject to its conditions. This was acceptable to both Councilmen La Croix and Freeman. Councilman Rose expressed his opinion that the presentation by Mr. Hadfield had been completely a one- way road. He said he would like to see the agreement which the Church and the Developers were to enter into, as referred to by Mr. Hadfield. He asked if Mr. Hadfield could present a form of agree- ment which the Church would sign if the property were rezoned. There was considerable discussion about just what the Council desired in the form of documentation of the Church's good faith in carrying out its plans as presented. Mr. Hadfield stated he would submit a letter of intent forthwith. The question was put and the motion, as amended, carried on the following roll call vote. Ayes: Four. Noes: Councilman Rose, (1). Absent: None. The matter was then referred to "Introduction of Ordinances ". REPORTS OF OFFICERS, BOARDS, ETCETERA: 15. From City Manager, recommending contract be awarded to A. C. Bashnick, low bidder, for the pro - ject of Installing Storm Sewer in Pearl Street from Otis Drive to Calhoun Street, at the total cost of $18,165.50. 16.v,From City Manager, recommending contract be awarded to A. C. Bashnick, low bidder, for the pro- ject of Installing Storm Sewer in Thompson Avenue east of High Street, at the total cost of $6,111.50. Councilman La Croix moved the contracts for the foregoing two projects be awarded to the designated party at the respective prices quoted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17." From City Planning Board, signed by the Secretary, recommending approval of the Tentative Map of Tract No. 2715, subject to conditions as itemized in its letter of November 25, 1964. The Map was filed by Shore Line Properties, Inc., covering lands in the southwesterly section of Unit II at the northeast corner of Shore Line Drive and Westline Drive. Councilman McCall moved the Council approve the Tentative Map for Tract No. 2715, as set forth in the Board's letter of November 25, 1964. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 18. Councilman La Croix introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (29) Through (33) to Section 17 -442 Thereof, Relating to Electrically Operated Traffic Control Signals." 19. 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 Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Estuary Housing Project) UNFINISHED BUSINESS: 20. Councilman Freeman requested that the minutes note receipt of a letter from Mrs. Alice Q. Howard, 1556 Everett Street, Alameda, which had been delivered to the Clerk's station just prior to the Council meeting held November 17, 1964. It was, therefore, received too late to be added to the agenda for that meeting. This communication concerned the proposed formation of a Reclamation Dis- trict on Bay Farm Island. The Clerk had subsequently made copies of said letter and sent them to the Councilmen for their information and had so informed Mrs. Howard. NEW BUSINESS': 21. Councilmen Freeman referred to the Map which had been filed by Mr. James Davis, Attorney for Shore Line Properties, Inc., at the last meeting and claimed it did not agree with the Fill Permit. She said there was no "delineation" on the "pictorial" map which she had been given. Mr. Calvin Jones, of Jones -Thenn & Associates, stated the areas delineated on the Reclamation District Map were the same as those shown on the small pictorial map. RESOLUTIONS: 22. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6714 Authorizing Execution of Contract with Alameda Chamber of Commerce for Advertising for the Fiscal Year Ending June 30, 1965, and Appropriating Therefor the Sum of $15,395.00 or as Much Thereof as May be Required." 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 La Croix, who moved its adoption: "Resolution No. 6715 Adopting Specifications, Special Provisions and Plans for Installation of a Storm Sewer in Broadway from Calhoun Street to La Jolla Drive, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution as seconded by Councilman McCall and on roll call 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. 6716 Adopting Specifications, Special Provisions and Plans for Installation of a Sprinkler System on the City Hall Grounds, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: President Godfrey, (1). Absent: None. 25. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6717 Resolution of the City Council Calling and Providing for the Holding of an Election Within Bay Farm Island Reclamation District No. 2105 for the Purpose of Electing the First Board of Trustees." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Three. Not Voting: Councilmen Freeman and La Croix, (2). Noes: None. Absent: None. 26. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6718 Appointing City of Alameda Representative on Board of Trustees of the Alameda County Mosquito. Abatement District." (Mark J. Hanna) 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. 27. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6719 Appointing Member of the Pension Board." (George A. Hackleman) 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. 28. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6720 Appointing Member of the Advisory Golf Commission." (Elliot S. Peterson) 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 McCall, who moved its adoption: "Resolution No. 6721 Supporting Policy Adopted by the Association of Bay Area Governments Regarding Proposed Construction of the San Luis Interceptor Drain," 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: 30. "Ordinance No. 1490, 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." Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Council- man McCall. Speaking on the question, Councilman Rose expressed his opinion that it was morally wrong to have private facilities in public parks. He stated the Council had been told that the purpose of this extension of the lease period in Lincoln Park was in order that it would be feasible to make improve- ments. He then inquired if the Council would have the right to know what improvements were proposed and to be able to approve them. There was considerable discussion and clarification of the terms of the original lease and the amend- ments thereto. It was determined that a letter would be written to the Alameda Swimming Pool Asso- ciation requesting that its plans for said improvements be submitted to the City Engineer for approval, as usual, and he, in turn, would then transmit them to the City Council for its approval. The question was then put and the motion to adopt the ordinance carried by the following roll call vote. Ayes: Four. Noes: Councilman Rose, (1). Absent: None. 31. "Ordinance No. 1491, 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)." Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 32. Specifications, Special Provisions and Plans No. PW 9 -64 -25 - Installation of a Storm Sewer in Broadway from Calhoun Street to La Jolla Drive. 33. Specifications, Special Provisions and Flans No. PW 12 -64 -32 - Installation of Sprinkler System on City Hall Grounds. 34. Agreement - Between City and Alameda Chamber of Commerce for Publicizing City during Fiscal Year 1964 -1965. BILLS: 35. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $19,878.93, 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 December 1, 1964, and presented to the City 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. 36' this point, Councilman Rose referred to the Veterans' Day Parade recently held in Hayward. He announced that a number of Alameda Units had received awards - The Alameda High School R. O. T. C. and the marching unit of the U. S. Coast Guard. This latter military group had also won the Sweep- stakes Award. Altogether the City of Alameda had won ten awards. ADJOURNMENT: 37. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, December 15, 1964, at 7:30 o'clock. Respectfully submitted,