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1964-12-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING DECEMBER 15, 1964 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Fledge of Alle- giance was led by Councilman La Croix and was followed by an inspiring Invocation delivered by The Reverend Mr. Gerald Case, Assistant Pastor, First Presbyterian 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 special meetings held November 24 and December 1, 1964, and the regular meeting held December 1, 1964, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Hersh and Hadfield, signed by Mr. James D. Hadfield, Attorney, concerning arrangements between Zion Church and Mr. B. J. Moscini, et al, Petitioners, in conjunction with the requested rezoning of the property known as Estuary Housing Project. The Clerk was instructed to acknowledge the letter. The matter was to be discussed further under "Ordinances for Passage". 3 From Citizens Committee for the Preservation of Property Rights, signed by Mr. Charles A. Russell, urging the City Council to reconsider the issues of an Elected Mayor and an Elected Board of Education and to place these measures on the ballot at the Municipal Election to be held March 9, 1965. The matter was referred to "Unfinished Business", to be given further consideration at that time, after which the Clerk would acknowledge the letter. 4Y From Mrs. Isabella Cabral, 1544 Buena Vista Avenue, suggesting the proposed new school should be named "John F. Kennedy", in honor of the late President. The Clerk was to inform Mrs. Cabral that her suggestion was to be forwarded to the Board of Education. 5. From Division of Highways, signed by Mr. G. Langsner, Deputy State Highway Engineer, giving Notice of Intention to Relinquish Highway Right of Way, in connection with acquisitions for approaches to the Second Tube. City Engineer Hanna explained the circumstances and pointed out that the particular street involved ran along the east side of the old Posey Tube, from Tynan Avenue north to the rear of the Portal building. He felt this would be advantageous to the City and there was no Council action required at this time. 6.v From Mrs. Violet Smith, 2116 Encinal Avenue, protesting against the proposed salary increase for City employees. The Clerk was to acknowledge the communication. ORAL COMMUNICATIONS: 7: Mr. Frank Gottstein, 731 Haight Avenue, stated he had written a letter to the Board of Super- visors of Alameda County, with a copy to The Honorable George P. Miller, Congressman, concerning the Fruitvale Avenue Bridge. He spoke at length on the subject and felt the City should fight to have this old bridge replaced. The President stated the City had a large file on this Bridge and asked Mr. Gottstein if he would furnish the City with copies of his correspondence on the matter. Mr. Gottstein agreed to do so. HEARINGS: 8. The matter was called up concerning the Appeal from the decision of the Planning Board to grant certain variances to Mr. Stanley S. Lambe for construction on his property at 1130 College Avenue. The Appeal was filed by Inez M. And George G. Kapellas, 1128 College Avenue. Upon request, Mr. Donald Johnson, Planning Director, reviewed the history of this case, pointing up that only the variance to allow an encroachment into the required side yard area was involved in the Appeal. Further, he stated this was an "after-the-fact" situation - the project having been done without benefit of a building permit or a variance having been granted. He emphasized that the Board had subsequently granted the variance on the finding that the Applicant could not accomplish the desired enlargement any other way and also because the addition was a small one and did not sub- stantially change the existing non-conforming side yard. The City Attorney then stated the legal issue was whether the action of the Planning Board under Sec- tion 11-161(b)(e) of the Alameda Municipal Code should be affirmed, modified or reversed. The President called for the proponents of the question and Mr. Lambe addressed the Council in explanation of his situation. The opponents were then called for and Mrs. Inez Kapellas, 1128 College Avenue, related her objections to the addition which was so close'to her home. She expressed her fear of the fire hazard or of the dryer exploding, since this was the laundry area. A lengthy discussion ensued covering many details and phases of this entire matter with Mr. Johnson and Mr. Cunningham clarifying several points. It was felt that certain reports should be submitted to the Council for its guidance in this issue. Therefore, Councilman McCall moved the Hearing be continued to the Council meeting of January 5, 1965, in order that said reports and recommendations, if any, might be furnished by the Fire Department and the Building Inspector during the interim. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 9. From Auditor and Assessor, recommending the refund of $4.80 paid by Theodore D. Blanks, for per- sonal property taxes in the City of Alameda, pursuant to provisions of the Soldiers and Sailors Civil Relief Act. The matter was referred to "Resolutions ". 10. From City Manager, concerning the adoption of a procedure by which facilities of the County of Alameda could be made available to the cities in the County in purchasing certain supplies in the interest of economy. This item, too, was referred to "Resolutions ". 11. From City Manager, recommending contract be awarded to Morris Landy Motors, low bidder, for fur- nishing Five Sedans to the Police Department, at the total cost of $7,320. Councilman Rose moved the recommendation be approved; that contract be awarded to the designated firm for furnishing the specified automobiles to said department at the cost quoted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 12. From City Manager, recommending contract be awarded to Harry M. Donaldson, low bidder, for Install- ing a Sprinkler System in the City Hall Grounds, at the total cost of $1,320. Councilman Rose moved the recommendation be adopted; that contract be awarded to said individual for the specified project at the total price quoted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13V. From City Planning Board, signed by the Secretary, recommending the Council adopt a precise sec- tion element of the Master Plan labeled "Fernside Boulevard Extension, Otis Drive to Encinal Avenue ". The Hearing on this matter was set for the Council meeting to be held January 19, 1965. 14. From City Planning Board, signed by the Secretary, with regard to its consideration of the pro- posed revision of the Zoning Ordinance relating to patio covers and allowable coverages of rear yards. The Board had, by unanimous vote, declined to revise the present patio regulations on the finding that they were adequate as presently codified. Upon inquiry from Councilman Rose about further consideration of this question, Mr. Weller suggested the matter be referred to him for review and report on what modifications of the regulations might be possible. This, in turn, could then be referred to the Planning Board. It was also suggested that the City Attorney check the terminology in order that it would be completely clear to everyone. 15.' From Civil Service Board, signed by Mr. Forrest V. Routt, Jr., Executive Secretary, with regard to the 2.57. salary increases under consideration. The matter was referred to "Resolutions ". UNFINISHED BUSINESS: 16.x` Councilman Freeman asked that the City Manager direct a letter to the U. S. Army Corps of Engi- neers to send to each of the Councilmen the following: Public Notice 65 -14, dated September 3, 1964; Public Notice 65 -33, dated December 8, 1964; and also its Pamphlet entitled, "Permit to Work in Navigable Waters ", dated 1962. Councilman Freeman also requested, as a follow -up on an action she had taken and which she would like to have for the Council's information, that Mr. Weller write to the Local Agency Formation Commission and obtain from it the findings and the determinations of the Boundary Commission as set forth in the Legislative Act under which it operated. She also requested that the City Manager have a report made by the Tax Collector of Alameda, for Council information, listing all tide and salt marsh lands sold to the City of Alameda or the State of California as shown on Sale Map No. 10, with particular reference to the former sales made in 1942 by the Tax Collector to the City of Alameda. Then, any sales prior to 1942, back to 1879. Councilman Freeman then asked that the City Attorney request an opinion of the Attorney General of the State of California "by what instrument and authority of law the City of Alameda can sell or grant tidelands and submerged lands into private ownership after the lands passed into City ownership since the limitations of Article XV of the California Constitution?" Mr. Cunningham called attention to the fact that the Attorney General would not render opinions to a City Attorney. It was developed that this would be taken care of through Assemblyman Crown's office. Further, Councilman Freeman asked Mr. Weller to have Mr. Hanna prepare a report on the meeting which he attended recently in San Francisco concerning "earthquakes" and the hazards therefrom to buildings on filled land. 17. La Croix referred. to the Restrooms on the beach at the south end of Grand Street and inquired what findings had been made in the suggested erection of a barrier to prevent vehicles run- ning into this structure. Mr. Hanna stated considerable thought had been given this matter and it had been determined that a standard wooden barrier with plenty of reflectors would suffice to protect the building. 18. Councilman McCall expressed his opinion concerning the issues of "Elected Mayor" and "Elected Board of Education ". He stated his only thought with regard to these questions was to give the people the opportunity to vote on them by having them placed on the ballot for the Municipal Election in March, 1965 - rather than to be faced with the possibility of having to call a special election, which would then unnecessarily cost the taxpayers money. In response to a question in this respect, Mrs. Edna Burke, 1221 Grand Street, stated her Committee had just finished validating the signatures on the petition for an Elected Board of Education. She said there were not sufficient signatures at this time due to the increased voter registration in the City. Mrs. Burke pointed out this time of year was a difficult period during which to procure. such additional signatures. She stated, therefore, they would not attempt to meet the deadline for the coming March Election but intended to complete the petition and then present it to the Council and she felt "it would then necessitate a special election ". There was some question about the "necessity for calling a special election" and the City Attorney attempted to explain and clarify the provisions of the State Constitution in this respect. Councilman McCall emphasized that.his sole interest was to prevent the City having to pay for a special election and he would, therefore, move the Council request the City Attorney to prepare a resolution for an "Elected Board of Education" and an "Elected Mayor ", respectively. The motion was seconded by Councilman Freeman. Speaking on the question, Councilman Rose expressed his ideas in opposition to having these items on, the ballot. The question was then put and the motion lost by the following roll call vote. Ayes: Councilmen Freeman and McCall, (2). Noes: Councilmen La Croix, Rose and President Godfrey, (3). Absent: None. 19Y The President thanked Mr. Weller for his report on the Capital Outlay Program. He said he believed the Council should set a date for a special meeting to discuss this particular program. It was agreed that said meeting would be held at 3:00 o'clock Tuesday afternoon, January 12, 1965, in, the Council Chamber. 20:' Councilman McCall inquired about the status of theAlameda Memorial State Beach and what use was to be made of the $210,000. appropriated for the development thereof. He felt this could be a beauti- ful area and the City should be able to take advantage of it. He said the City deserved a full report from the State Division of Beaches and Parks concerning the entire project. He also suggested the City officials should meet with Mr. William Penn Mott, General Manager of the East Bay Regional Park District, with regard to the possibility of this agency assuming the responsi- bility for the operation and maintenance of the beaches of the City - perhaps under some type of contract arrangement. The City Manager was asked to prepare a report for the Council covering the development of the Washington Park fill area by the State. Also, to attempt to set up a meeting with Mr. Mott and a City Committee composed of Councilmen McCall and Rose, after which a report could be made to the Council. Mr. Weller stated he could make a verbal report at this time and explained that the reason for the delay in the first - phase, development of the State Beach was due to negotiations on the part of a certain private Developer to obtain a lease or concession in conjunction with his development. He remarked that he had met with the representatives of the Developer and the State Division just this afternoon and elaborated on several facets of arrangements which were discussed and yet to be deter- mined upon. It was brought out that this first phase plan was well along in the drawing stage and it was expected that it would be put out to bid shortly after the first of next year. It was anticipated it would then be completed prior to next June. Mr. Weller stated he would keep the Council informed as to progress on said project. Mr. Weller felt it was premature to try to obtain any commitment from the Regional Park District con- cerning the assumption of responsibilities until it knew just what the plans of the State were for this beach development. Councilman McCall still felt some action should be forthcoming in the maintenance of the South Shore Beach and that, perhaps, the City Council should write to the Regional Park District Board of Directors requesting that it advise concerning its position in this respect. In response to Councilman La Croix's question as to what work was included in the existing appropria- tion, Mr. Weller itemized the several projects. The President then asked Mr. Weller to attempt to set up the meeting with Mr. Mott. RESOLUTIONS: 21. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6722 Authorizing Execution of Agreement with County of Alameda Relating to Performance by County of City Purchasing Functions." 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. 22. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6723 Ordering Cancellation and Refund of Personal Property Taxes in the Amount of $4.80 Assessed to Theodore D. Blanks." 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. 23. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6724 Resolution of the Council of the City of Alameda Designating the Number of and Providing for the Compensation of Certain Officers and Other Employees of the City of Alameda." 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. Councilmen McCall and Rose commended the officials and employees of the City for the excellent service rendered and for their understanding cooperation and acceptance of the Council decision to grant the annual salary increase in two steps. The President stated all of the Councilmen concurred. Councilman Rose then moved the City Manager also be included in the resolution to receive the second step of the salary raise. The motion was seconded by Councilman La Croix and carried on the follow- ing roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 24. "Ordinance No. 1492, 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." Councilman Freeman moved the passage of the ordinance as submitted. The motion was seconded by Coun- cilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 25. "Ordinance No. 1493, 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) Councilman La Croix moved the passage of the ordinance as submitted. The motion was seconded by Coun- cilman Freeman and on roll call carried by the following vote. Ayes: Councilmen Freeman, La Croix, McCall and President Godfrey, (4). Noes: Councilman Rose, (1). Absent: None. Councilman Rose stated he felt the City should have more definite information about this project and assurance that plans as presented would be carried out. FILING: 26. Agreement - Between County and City re 'Purchasing Procedures. 27. Financial Statement - Bureau of Electricity, as of October 31, 1964 - Verified by Hackleman & Larzelere. BILLS: 28. An itemized List of Claims against the City of Alameda and the amount of $74,699.70, was presented to the Council at this meeting. fication from the City Manager that the Claims shown were correct. Councilman McCall moved the bills as itemized in the List of Claims December 15, 1964, and presented to the Council at this meeting, be Departments thereof, in the total The List was accompanied by certi- filed with the City Clerk on 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, January 5, 1965, at 7:30 o'clock. Respectfully submitted, 4 / ty Clerk