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1963-04-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, APRIL .2, 1963 The meeting convened at 7:30 o'clock p.m. with President Collischonn presiding. The Pledge of Allegiance was led by Councilman Schacht and an inspiring Invocation was then delivered by The Reverend Rabbi Gunther Gates of Temple Israel. ROLL CALL: The roll was called and Councilmen Godfrey, McCall, Rose, Schacht and President Collischonn, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held March 19, and the special meeting held March 27, 1963, were approved as transcribed. 2. At this time, Councilman Rose stated that inasmuch as the Board of Supervisors of Alameda County was holding its second Public Hearing this evening on the matter of the proposed Coliseum Complex, he would request that the regular order of business be suspended and the meeting proceed under "Resolutions" so,that he could present his views on the subject for the Council's consideration. RESOLUTIONS: 3. Councilman Rose read in full a resolution expressing approval of such a facility but.,,opposition to the method of financing said Coliseum Complex under the issuance of lease - purchase bonds.. Councilman McCall then introduced and moved the adoption of the following resolution: "Resolution No. 6454 Resolution of the Council of the City of Alameda in Opposition to Proposed Method of Financing of Oakland - Alameda County Coliseum Complex." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by =the following vote. Ayes: Four. Noes: President Collischonn, (1). Absent: None. Councilman McCall suggested the resolution be certified and a copy be delivered immediately to the Board of Supervisors while it was in session this evening. Arrangements were made and carried out accordingly. The meeting then reverted to the regular order of business. WRITTEN COMMUNICATIONS: 4:7 From State of California, Department of Public HealtF,signed by Harold M. Erickson, M. D., Deputy Director, notifying the Council that it had redeclared Alameda County part of the rabies area for a twelve -month period, effective January 28, 1963. It was pointed out this was a routine notification and the City already had in effect certain required ordinances to carry out the control program through the vaccination of dogs. 5. From Christ Church Parish, signed by The Reverend Mr. Wilfred H. Hodgkin, requesting the installa- tion of traffic control lights at the intersections of Grand Street with Santa Clara, Central and Lincoln Avenues. It was developed that traffic control lights were included in the 1962 -63 budget to be installed this year at the intersection of Grand Street and Lincoln Avenue. However, the traffic studies and reports did not indicate the necessity for such signals at the other two locations mentioned in the letter. The suggestion was made that the word "STOP" be stenciled on the street with reflecting -paint at certain major intersection approaches in addition to the regular stop signs in order to give addi- tional warning. The City Engineer was to investigate this matter. 6. From Mr. C. M. Reyburn, 1166 Sherman Street, expressing his satisfaction with the Council's recent action concerning the petition of Utah Construction & Mining Co. to rezone portions of the South Shore Unit II area. The letter was to be acknowledged and filed. 7.1/ From Redevelopment Agency of the City of Alameda, signed by Mr. Walter J. Monasch, Executive Director, with regard to its surveys and plans for the Urban Renewal Project, which now entailed a change in the boundaries of the project. In response to an inquiry, Mr. Monasch explained that the boundary line was always drawn along the curb line so that in the event any money were to be expended on street work, such expenditure could be accredited to the project. This would also apply to Jackson Park which he pointed out was merely a technical inclusion within the project boundaries. The matter was then referred to "Resolutions ". 8/ From County of Alameda Veterans Affairs Commission, signed by Mr. John B. Engberg, Chairman, requesting approval and appropriation of -$250. as the City's share of the Veterans' Day Observance to be held in San Leandro on November 11, 1963. Councilman Schacht moved the request be granted and the sum of $250. be included in the 1963 -64 budget for this purpose. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 9Y From Regional Parks Association, signed by Miss Cicely M. Christy, Secretary, urging the Coun- cil to support the proposed increase in the tax ceiling for the East Bay Regional Parks Department. The President stated this matter would be referred to the file pending receipt of further informa- tion on the subject. Councilman McCall expressed his objection to any proposed tax increase and moved that the City Council of the City of Alameda not endorse the "five- cent" increase at this time, without further information from the Regional Parks Board. It was developed that this proposal stemmed from an act of the State Legislature and Mr. Weller explained there were several Bills relating to the Regional Parks District and the tax measure was one of them. He stated he could procure copies of the Bills and a review of what was being con- templated by the Parks District for the Council's information. After some further discussion of the circumstances, the motion died for lack of a second, but it was agreed that the matter would probably come up for attention at a later date. 10.E From Alameda Realty, signed by Mr. Lowell H. Duggan, Agent for the Owner, requesting an exten- sion of time of one year from April 5, 1963, within which to file the final subdivision map for Tract No. 2153, covering the parcel lying southerly of Otis Drive and westerly of Bay Farm Island Bridge. Councilman Schacht moved the Council grant an extension of time to June 20, 1963, in this case, in order that the new Council would have an opportunity to review the matter and determine upon its position with regard to an extension of time for a longer period. The motion was seconded by Coun- cilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS:. vf 11. Mr. William Stier, 1623 Moreland Drive, referred to the parking meters on Webster Street and in the area thereabouts,. and claimed they were one of the reasons for,the decline of business in this district during the past six years. Mr. Stier presented a petition, signed by two hundred eighty -one residents in the vicinity, which was passed around for the Councilmen to examine. This was in support of his request that the Council take action to "hood" the parking meters in the Webster Street area for a period of six months, commencing as soon as possible, after which the Council could evaluate the results. He submitted his personal idea that the Webster Street mer- chants would be willing to be assessed an amount proportionate with that derived from other areas of the City, to offset the absence of parking meter income during that period. Upon request, Mr. Weller explained that under the legislative act by which the people of Alameda voted for the parking meter bonds, he felt the Council simply did not have the authority to suspend the operation of the parking meters. Further, with respect to restoring any lost revenue from the meters, the City had been informed during a previous similar case that the only way to do this was on the basis of the maximum income per meter. This would be an exorbitant amount which could not be supported either by the City or by the merchants. The City Attorney stated he would review the parking meter bond issue file with particular attention to this phase of the matter and report back to the Council. Mr. Lewis Groper, merchant at 1503 Webster Street, stated there was not complete agreement among the merchants on Webster Street about the suggestion of Mr. Stier, and he expressed regret that it had been started in this way. Mr. Groper referred to the Redevelopment Project and said he felt something would have to be worked out with regard to the parking meters within the renewal area. He suggested this might present an opportunity to check into the legal ramifications for not only the Park Street area but also the Webster Street district. 12. Mr. G. N. Pope, 1820 Bay Street, questioned the inclusion of a portion of Jackson Park within the boundaries of the Park Centre Development and felt the City would be releasing its control of said Park. He urged the Council.. to give consideration to this point. Mr. Pope inquired why the matter had not been submitted to the Planning Board and the City Attorney explained that, at this stage, it was properly before the City Council. Further, Mr. Pope referred to the letter from the Regional Parks Association and again voiced his objections to the continuous demand for tax increases from one agency or another. 13. Mr. Kenneth Hoisington, 1335 Burbank Street, made reference to the request from Christ Church Parish for traffic control lights at certain intersections. He stated one point which should be considered was for the Grand Street Fire Station to be able to control the signals when on a call along this busy thoroughfare. Mr. Hanna stated he would submit this item to the Traffic Advisory Committee at its next meetin 14. Mr. Frank Gottstein, 731 Haight Avenue, registered further complaint about the traffic control on the approach to the new Posey Tube. It was again pointed out that this was part of the State Highway System and under the jurisdiction of the State Division of Highways. 15 Mrs. Helen Freeman, 831 Laurel Street, referred to the proposed closing of the south end of Hawthorne Street on which a Hearing was scheduled to be held later in the meeting., She stated there was presently a cloud in the ownership of some of these lands, which matter was now in litigation in the Appellate Court. She felt it would be premature to abandon any of these lands until further use and management had been determined by the State Land Office. She stated these are partially tide- lands and the City might possibly have interest in the land's use and management. Mr. Way suggested further discussion be deferred until the Hearing on the matter was called up. HEARINGS: 16. The matter was submitted concerning the petition from Mr. Jesse P. Cruz to reclassify certain properties on Chapin Street, Eagle Avenue and St. Charles Street, as specifically designated therein, from the "R -2 ", Two - Family Residence District, to the "R -5 ", General Apartment District. . The Clerk stated the Affidavit of Publication of the Notice of Hearing was on file and copies of the minutes of the Planning Board meeting at which this matter had been considered had been sent to the Councilmen for their information. Also, the Planning Board had recommended denial of the petition. The City Attorney stated the factual data was before the Councilmen and the sole legal issue was whether or not conditions in this area described had changed sufficiently to warrant the requested rezoning, keeping in mind the general nature of the neighborhood and the community welfare. In response to the call for proponents in the matter, Mr. Donald Stafford, Architect with offices at 117 Frisbie Street, Oakland, addressed the Council on behalf of Mr. Cruz. He stated the petitioner desired to change his requested rezoning from the "R -5" District to the "R -3 ", Garden Apartment Dis- trict, and his arguments would be based on the revised use. This raised the question of whether or not the matter should then be referred back to the Planning Board for a Hearing on the amended petition. Mr.`Way stated the Council might well wish t� take this action but, since the amendment was for a less intensive use than originally requested, there was no legal prohibition against the Council considering the new evidence and plans at this time. Mr. Stafford explained, by display and reference to color - illustrated maps, the existing conditions in the neighborhood and the contemplated plans of Mr. Cruz which he pointed out would upgrade this old block. Mr. Cruz stated the objection to the original petition was mainly because the people felt the density of the area would be greatly increased and add to the parking problem. He emphasized that now, instead of constructing a seven -unit building, he planned to erect only a four -unit structure, which would allow additional space for parking. He felt this would be the only way to develop this area of the City in view of the age of the existing dwellings. The President then called for any opponents to the question and Mr. G. N. Pope, 1820 Bay Street, registered his protest on the basis that the rezoning would subvert the soundness of the original plan of low density for the area. Considerable discussion ensued concerning the width of certain lots included in this petition and whether or not the amended rezoning would then restrict Mr. Cruz in his proposed use of the land. It was agreed that Messrs. Cruz and Stafford should be given a definite answer on this question as it would affect their plans. Mr. Way was to examine the regulations applicable to this particular property and inform the petitioner. Upon the advice of the Acting City Attorney, Councilman McCall moved the matter be referred back to the City Planning Board with instructions that it hold an ancillary Public Hearing to allow propon- ents and opponents to express their views on the amended petition to rezone the properties in question to an "R -3" District instead of the "R -5" District as originally requested, and that it then submit its recommendation to the City Council. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President then declared that the Council Hearing on this matter would be continued to the regular meeting of the Council to be held on May 7, 1963. 17. The matter was next called up with'regard to the proposed closing of the south end of Hawthorne Street, as per Resolution of Intention No. 6445, adopted by the Council on March 5, 1963. The Clerk stated the Affidavit of Publication cf said resolution was on file, together with the Affi- davit of Posting Notices in the vicinity affected. The Clerk also read in full a letter signed by ten residents in the area, " urging the Council to look favorably upon the abandonment of the southern terminus of Hawthorne Street ". Upon request, Mr. Way stated the legal issue was solely whether or not the City had any present or prospective use for this area for street or other municipal purposes. He also commented on the remarks of Mrs. Freeman which indicated there was some problem with tidelands here. He said he had checked with Mr. Hanna and was also referring to the map and he saw no area shown under the owner- ship of the City of Alameda. It was shown as part of Tract No. 1898, owned by Utah Construction & . Mining Co. and, therefore, he failed to see how this property would be at all involved in the tide- lands trust provisions. The President called for the proponents of the question and Mr. Paul F. de Bruyn Kops, Attorney with the firm of Weinmann, Rode, Burnhil,l & Moffitt, addressed the Council as the representative of Captain Malcolm E. Crossman, who owned land adjoining the area proposed to be vacated. He read a letter from 7 2 Captain Crossman which set forth in detail the circumstances surrounding his plans to build a home on his property.- He called attention to the present unsightly condition of this street -end and stated that, were it abandoned, he would acquire a portion thereof and would improve the neighbor- hood by attractive landscaping of this area. Also, this land would then be included in the tax rolls. Mr. de Bruyn Kops pointed out this letter stated very concisely and ably what Captain Crossman intended to do with the property. He referred to a memorandum from the City Engineer in 1961, recom- mending that the south end of Hawthorne Street be abandoned. He said it seemed apparent that the City had no present or prospective use for this street -end and Captain Crossman did intend to very substantially improve it. Mrs. Helen Freeman, 831 Laurel Street, stated she was not an opponent but merely desired clarifica- tion on a certain item she had mentioned. She reiterated that there was a case pending involving Tract No. 1898 in which claimants to these lands had a certificate of purchase and claimed it as a deed. This was recognized as a deed in the lower court but was now up for appeal, so anything con- cerning the low lands in Tract No. 1898 could well belong to the City. If the certificate was not a deed, then the City would be the owner and her question was, "How much of these lands involved -might belong to the City ?" Mr. Way stated he was relying on the map presented to him and the advice of the City Engineer that this was not now covered by the tidelands lot provisions and this was buttressed by the fact that the record title was apparently in Utah Construction & Mining Co.'s name. There might well be a quiet -title action of some sort pending and if it was in the District Court of Appeals, Mr. Way said he would still feel the title of record was the owner of Tract No. 1898. The only possible consequence he could think of in a finding by the Court that this was tidelands provisions and, therefore, City property, would not be limited to this particular small portion. The question would still be paramount as to whether or not the City needed access to this property - and it does have an easement in the lagoons for storm water drainage purposes - and with this easement goes the right of ingress and egress to said property. He felt that even if such a suit were to prevail, the City would still have access and as long as the City was satisfied that it would have access to all of its property, there would be no need for the street as such. Mr. Louis Selk, recently appointed Manager of the Alameda Business Office of East Bay Municipal Utility District, stated he was not an opponent to the question but felt his Company might be involved due to a certain water main which extends along Hawthorne Street approximately six hundred thirty feet south from San Antonio Avenue. Mr. Hanna stated he was quite sure this pipe line does not extend into the area embraced in this action. Upon inquiry, there were no opponents to the matter and the President declared the Hearing closed. Following considerable discussion for clarification purposes and to assure that the City had the proper easements necessary, Councilman Godfrey moved the Council find the City had no present or prospective use for street purposes for the south end of Hawthorne Street and that said easement be abandoned as shown on the-City Engineer's Drawing No. 5271, Case 54. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Schacht, (1). Absent: None. The matter was then referred to "Resolutions ". REPORTS OF OFFICERS, BOARDS, ETCETERA: 18V From the Mayor, City Manager and City Auditor, submitting their report on the Count of Money held February 21, 1963, which showed a total of $4,841,619.99 was in the City Treasury at that time. The report was noted and ordered filed. 19/ From City Planning Board, signed by the Secretary, requesting an extension of time of thirty days in which to consider two petitions for rezoning from the following: J. R. T. and Alice; K. Montin, 1519 and 1521 Lincoln Avenue, and Dart Construction Co., Inc., et al, 1601 and 1605 Broadway. Councilman Schacht moved the Council grant the extension of time as requested by the Planning Board for the purpose stated. The motion was seconded by Councilman Godfrey and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 20. From City Manager, reporting all work satisfactorily completed on the project of Resurfacing Eighth, Sherman and Concordia Streets, Pacific and Clinton Avenues and Palace Court - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Rose moved the recommendation be approved; that the work on the designated project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Godfrey and unanimously carried. 21:" From City Manager, reporting all work satisfactorily completed on the project of Installing a Storm Sewer in Mound Street from Otis Drive to Calhoun Street - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Godfrey 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 McCall and unanimously carried. 22/ From City Manager, recommending contract be awarded to H. V. Carter Co., Inc., low bidder, for furnishing Power Mower for the Park Department, at the total cost of $1,110.72. Councilman Schacht moved the recommendation be followed; that the contract be awarded to the desig- nated firm for furnishing this piece of equipment at the price quoted. The motion was seconded by Councilman Godfrey and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 23. From City Manager, recommending contract be awarded to Economy Garden Supply, for the project of Planting and Establishment of Lawn at Lum Park, at the total cost of $5,453.25, the lowest and best bid. Councilman Godfrey moved the recommendation be adopted; that the contract be awarded to said Company for the specified project at the total cost quoted. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 24. Councilman Rose spoke of the matter of .,gasoline service stations being allowed in the "C -2" Dis- trict under a Use Permit procedure, as proposed on the Council's Own Motion, and the fact that it had been referred to the City Planning Board for a Hearing and subsequent recommendation. He inquired if this matter would be on the agenda for the next meeting. Mr. Way explained that the Hearing had been set for the Planning Board meeting of April 8, which was the earliest date possible due to the required posting of notices for at least a certain minimum number of days prior thereto. ,Therefore, it would probably be ready for the next Council meeting. 25. Godfrey referred to the President's request at the Council meeting of February 5, 1963, that Councilman McCall and himself review the,proposed long -term lease of Harbor -Land Community Development Company in its contemplated plans for improvement of an area south of Central Avenue, lying generally between Encinai High School and Paden School, and to report back to the Council. Councilman Godfrey stated that Councilman McCall and himself had had numerous meetings with the City Staff, as well as with the Developers. He expressed regret that as yet they did not have a recom- mendation to make on the subject. There were many ramifications to the rough draft of the lease which had been submitted and studied. However, it was felt the Developer had not yet reached the point where the City could enter into a proper lease. Presently, the possibility was being discussed with regard to entering into some kind of option to show good faith on the part of both the Developer and the City in order that the Developer could expend more monies to explore and prepare itself for submitting a lease to the City. He was hopeful that by the end of the month a recommendation could be submitted to the City Council. The President extended appreciation to Councilmen Godfrey and McCall for the time and effort they had put forth in this matter. NEW BUSINESS: 26. Councilman Godfrey broached the subject of the Ballet which had been held at Alameda High School Auditorium on March 15 and 16, 1963. He stated the production was given for a three -fold purpose - (1) To stimulate City -wide interest in the Sister City program with Lidingo, Sweden, (2) To offer some cultural entertainment to the citizens and (3) To raise some money which could be turned over to a committee to further explore the possibility of exchange with Lidingo, Sweden, in trade, culture, students, etcetera. Councilman Godfrey stated it was his understanding that President Collischonn ,as Mayor of the.City of Alameda, together with The Reverend Mr. Robert Lewis of the First Congrega- tional Church of Alameda, had agreed to act as Trustees for this account until such time as a pro- perly functioning committee could be organized. Therefore, Councilman Godfrey stated he would like to turn over to Mayor Collischonn the accounts, documents and publicity material comprising the record of this event - especially a verified statement setting forth the income and expenditures involved and showing a net result of $808.01 profit to be credited to the fund•for the Sister City Program. Councilman Godfrey expressed his thanks to all those who had worked on this very worthwhile affair. President Collischonn stated he accepted the responsibility of Trusteeship, as had The Reverend Mr. Lewis, pending formation of a committee. At this time, the President introduced Miss Ingalil Jacobson of Lidingo, Sweden, who came to Alameda ,to visit and had decided to make this community her home. Upon invitation, Miss Jacobson responded with obvious sincerity and thanked the people here for their friendliness. She also expressed the hope that the people of the Cities of Alameda and Lidingo would become more closely united through this program. The President also introduced Councilmen -elect Helen Freeman and Terry La Croix, Jr., and Messrs. Walter Monasch, Executive Director, and James Wiley and Chester Bartalini, of the Redevelopment Agency of the City of Alameda. Councilman McCall remarked that it behooved everyone in the community to give Councilman Godfrey'a vote of thanks for the outstanding job he did in producing the Ballet. He emphasized that Councilman Godfrey had underwritten this affair at considerable financial sacrifice and he tendered his sincere appreciation and gratitude for the efforts put forth by Councilman Godfrey in this enterprise and its ultimate success. RESOLUTIONS: 27. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6455 Ordering the Vacation of the South End of Hawthorne Street, in the City of Alameda." 74 The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Schacht, (1). Absent: None. 28.•! The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6456 Approving Undertaking of Surveys and Plans for an Urban Renewal Project and Filing of an Amendatory Application." 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. 29. The following resolution was introduced by Councilman Godfrey, who moved its adoption: "Resolution No. 6457 Directing the Mayor to Execute, on Behalf of the City, Pursuant to the Terms of Ordinance No. 1084, New Series, a Renewal of That Certain Lease Dated April 17, 1953, to W. D. McElwain, Subsequently Assigned to Harbor Tug and Barge Company." The motion to adopt said resolution was seconded by Councilman Rose. =Speaking on the question, Councilman Schacht expressed his belief that negotiations should be made to procure a higher rental under this renewal lease. On roll call the motion then carried by the following vote. Ayes: Four. Noes: Councilman Schacht, (1). Absent: None. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 30. "Ordinance No. 1421, , New Series An Ordinance Authorizing the Sale of Certain City -Owned Real. Property to Willis A. Guthrie and Trudie Guthrie (Northwest corner Park Street and Otis Drive)." Councilman McCall moved the ordinance be adopted as submitted. The motion was seconded by Council- man Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31. "Ordinance No. 1422, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (125) to Section 17 -432 Thereof, Relating to Stop Intersections (Dayton and Grand)." Councilman Rose moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht and on roll call carried by_the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 32. Financial Statement - Bureau of Electricity, as of February 28, 1963 - Verified by Hackleman & Larzelere. 33. Renewal Lease - between City of Alameda and The Harbor Tug and Barge Company. BILLS: 34. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $77,718.33, 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 Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on April 2, 1963, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent:, None. 35. At this point, Councilman Rose extended a cordial invitation to all present to attend the Twenty - fourth Annual Community Easter Sunrise Service at Lincoln Park on Sunday, April 14, at 5:27 o'clock a.m., the official sunrise. ADJOURNMENT: 36. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, April 16, 1963, at 7:30 o'clock. Respectfully submitted,