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1963-05-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD•TUESDAY EVENING, MAY 7_, 1963 The meeting convened at 7:30 o'clock p.m. with-President Godfrey presiding. The Pledge of Alle- giance was led by Councilman La Croix, after which an inspiring Invocation was delivered by The Reverend Mr. Jun Fujimori, Pastor of Buena Vista 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 of April 16, and the special meetings of April 23 and 30, 1963, were approved as transcribed. WRITTEN COMMUNICATIONS: 2: From Port of Oakland, signed by Mr. Ben E. Nutter, Executive Director and Chief Engineer, and Alameda County Representative, Executive Committee of Marine Affairs Conference, urging the City of Alameda to support the recommendations for certain Federal navigation projects as outlined in its letter of April 24, 1963. Councilman McCall remarked that studies had been going on for some time on such projects and he thought there must be certain reports already completed. He asked that the Council be furnished with whatever reports were available at this time. The Clerk was instructed to acknowledge the letter and make said request. � 3. J From Redevelopment Agency, signed by Mr. Walter J. Monasch, Executive Director, requesting the City Council to take the necessary actions which would lead to an effective re-certification of the Workable Program for Community Improvement. The President stated this matter would be laid over to the Council meeting to be held May 21, 1963, for its action at that time, in order that the Councilmen might study the "Review of Progress Under the Workable Program for Community Improvement", submitted with this communication. Councilman Freeman asked that before further action was taken on this matter, the Council determine whether or not it wanted to take over the Redevelopment Agency and act as such Agency, itself. Also, that possibly a study could be made to show the present need - how many acres were necessary for shopping areas and what population was required for such service. She suggested these questions could be discussed at the next meeting, as indicated. 4. From Albany Homeowners & Taxpayers Association, signed by Mr. Eldon C. Parr, President, urging the Council to oppose reduction of the 66 2/3 per cent vote requirement on all general obligation bond issues. The letter was to be acknowledged and filed. � 5.` From Martell J. and Raymond &alioki and Olga and Vladimir Iuraki, in Application for Permit to Fill Property located at 530 to 564 Central Avenue with 28,000-25,000 cubic yards of truck dumped material. The approved bond accompanied the Application. Councilman Freeman moved the request be granted and the Permit be issued to fill the specified prop- erty with the following provision: That said Permit does not give any property rights, whether in real estate or materials, or any exclusive privileges and does not authorize injury to private prop- erty or invasion of private rights or an infringement of Federal, State or local laws or regula- tions - nor does it obviate the necessity of obtaining State and Federal assent to do the work authorized. It expresses the assent of the City of Alameda only insofar as concerns Chapter 3, Title IX of the Alameda Municipal Code. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 6. From Utah Construction & Mining Co., signed by Mr. H. L. McGinnis, Resident Engineer, requesting that public improvements in Tracts No. 1986 and No. 2334, South Shore Unit III, be accepted and the performance bond be released. There was some discussion of several aspects of the development in this area - the eventual planting of certain street trees - and the shaping of the beach. The Assistant City Engineer stated the beach had been checked just this past week and was shaped in accordance with the cross sections of the improvement plans and was very closely in conformance with the rest of the beach which had been accepted. Mr. Weller pointed out the acceptance requested did not apply to the street trees. The question with regard to them was only whether or not any bond should be retained guaranteeing that they be planted. The cost involved was less than one thousand dollars and Mr. Weller Said it was felt no bond should be retained for their installation. Councilman Rose moved that the public improvements comprised of the street system, curbs, gutters, sidewalks, street lights, utility lines and the beach south of Shore Line Drive in Tracts Nn° 1986 and No. 2334, South Shore Unit III - but not including the lagoon structures or the installation of street trees - be accepted and the performance bond be released. The motion was seconded by Council- man La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS: 7.' Mr, G. N. Pope, 1820 Bay Street, raised several questions with regard to certain items on the agenda. He felt some publicity should be given to the Workable Program and suggested the Press take care of this because he thought the citizens would have some questions on the matter if they knew more about the subject. He questioned certain changes in the proposed revised Charter and then inquired just what the Council planned to do about selecting a new City Attorney. , The President stated the Council had been endeavoring for many months to find a new City Attorney who would qualify under the provisions of the City Charter. The City had advertised and sent out inquiries and was still doing so, in an effort to fill this position - but without results to date. / 8Y Mr. V. J. Assetto, 1311 Hansen Avenue, addressed the Council at length and reiterated his con- cern about the requested resignation of the City Planning Director and inquired if there was anything in the personnel file which would in any way be derogatory or detrimental to Mr. Schoenfeld's record. In conclusion, he expressed the hope and sincere wish that the City could find someone equal to Mr. Schoenfeld in his field to be the Planning Director after July 1, 1963. In response to the query, Councilman Freeman volunteered to answer and stated that she had read the file and there was nothing therein detrimental to Mr. Schoenfeld. 9. Mr. Frank Gottstein, 731 Haight Avenue, deplored the large sums of money now spent on election campaigns and felt this would discourage some citizens of the community from being candidates for office. lO° \/ Mr. Herbert Shelmadine, 835 Laurel Street, submitted several questions concerning governmental procedures and was particularly interested in the status of Mr. Way, Assistant City Attorney. He felt he was underpaid while performing the duties of City Attorney. HEARINGS: —/� ll. Continued from the Council meeting of April 2, 1903, the matter was called up concerning the amended petition from Mr. Jesse P. Cruz to rezone certain properties on Chapin Street, Eagle Avenue and St. Charles Street, as specifically enumerated in said petition - from the "R-2", Two-Family Residence District, to the "R-3", Garden Apartment District. The Clerk stated the matter of the amended petition had been referred back to the Planning Board for its further consideration and a Public Rearing had been held on April 29, 1963. Copies of the minutes of said Board meeting had been sent to the Councilmen for their information. The Planning Board had recommended denial of the amended petition. Upon request, Mr. Schoenfeld, Planning Director, presented the factual data pertaining to this case. Mr. Way, Assistant City Attorney, stated the sole legal issue before the Council was to judge the evidence presented to it and determine whether or not said evidence would justify the change in zon- ing requested, keeping in mind the general welfare, health and safety of not only the neighborhood involved but also the community as a whole. Upon the call for proponents of the question, Mr. Donald Stafford, Architect for Mr. Cruz, with offices at 117 Frisbie Street, Oakland, addressed the Council in further explanation of their plans to improve the neighborhood by the construction of the proposed fourplex. He pointed out the density of the area would not be increased enough by any few multiple units to cause an adverse impact on the school serving the district. He also stressed that there would be complete off-street parking on Mr. Cruz' property. Mr. Jesse Cruz, 15084 Churchill Street, San Leandro, petitioner, contended the rezoning of this half- block would give an incentive for others to continue with improvement of this area, after his property was developed with the new fourplex. Mr. Oliver G. Frillman, 1030 Eagle Avenue° spoke very strongly in support of Mr. Cruz' petition and felt this matter should be continued because many people who had protested against the original rezon- ing request now had no objections. There had been much misinformation prevalent among those affected - principally, the matter of parking. Mr. FzilIman stated the proposed development would greatly upgrade the area and increase the property values. The President then called for opponents to'the issue and Mr. G. N. Pope stated he felt this property should remain in the "R-2", Two-Family Residence District because any rezoning would increase the density of the area. He contended there were too few low-density districts in the City - and they should be maintained. There being no other opponents who desired to speak, the President declared the Hearing closed. The Council then discussed the case in detail, with the Assistant City Attorney and the Planning Director clarifying certain points as necessary. It was developed that the neighborhood was mainly comprised of single-family homes which were well kept. Also brought out was the fact that the school and park facilities serving the area involved were presently operating at full capacity. Councilman La Croix then moved the recommendation of the City Planning Board be upheld and the peti- tion to rezone said property be denied. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12. The matter was next called up with regard to the proposed amendments to Sec. 11-1334(a) and adding subsection (e) to Sec. 11-1335 of the Alameda Municipal Co (Zoning Ordinance No. 1277, New Series) which would allow the installation of gasoline service stations in the "C-2", Central Busi- ness Districts only upon the issuance of Use Permits. The Clerk stated the Affidavit of Publication of the Notice of Hearing on this matter was on file. The City Council had initiated this matter on its own motion at its meeting of March 19,. 1983, and a Hearing had been held by the Planning Board at its meeting of April 8, 1963. Copies of the minutes of said meeting had been sent to the Councilmen for their information. The Planning Board had recom- mended adoption of the proposed amendments. | , Upon request, Mr. Schoenfeld presented the factual data pertaining to the situation and Mr. Way pointed up that the Council should, from the facts and recommendations submitted, determine whether or not the unrestricted location of gasoline service stations in the "C-2", Central Business Dio- ricta, presented a hazard to the health, safety and general welfare of the community, as well as to the other Central Business District uses, so as to justify the imposition of the Use Permit restriction as had been proposed by the Council. The President called for the proponents of the question and Mr. Lewis Groper, Jeweler on Webster Street, addressed the Council on behalf of the West Alameda Business Association and in support of the proposed amendments. Upon the call for opponents to the issue, Mr. James Davis, Attorney, 2225 Otis Drive, with offices in Alameda, represented Mr. John Farrar, owner of the property on Webster Street at Taylor Avenue, on which the Douglas Oil Company contemplated establishing a gasoline service station. Mr. Davis pointed up that said Oil Company had leased the property in question and had filed its application for a Building Permit prior to the adoption of Resolution No. 0462 which temporarily suspended the issuance of Building Permits for service stations in the "C-2" Districts. He admitted there was no objection to the proposed zoning ordinance amendments, per se, but contended that the Council should also consider the "freezing" resolution in connection therewith. Mr. Davis cluimed.tbot.if said resolution had been adopted co.prevent a flood of applications for Building PeoMito to con- struct service stations in tbis'areu, then it should not apply to this case, as the application had been filed before the freezing resolution went into effect. He therefore suggested the Council amend said resolution to exclude any applications which were filed prior to the time of its adoption. He also pointed cut there was only one other service station near the site in question. The following also spoke in opposition to the proposed amendments: Messrs. Frank A. Gottstein, 731 Haight Avenue; M. D. Dowd, 1320 Central Avenue; William Schaub, 1197 Ferry Street, Oakland, on behalf of the Northern California Marketing Ordinance Committee of the Western Oil and Gas Association. It was claimed that the proposed amendments were diucttmioatnry against this type of business and, further, that an individual was being deprived the use of his property in this respect and thus the City was losing tax.renenue from an improved parcel rather than a vacant lot. In rebuttal, Mr. Groper commented that the statements made by the opponents should more properly be made at the time an application was being made for a Use Permit to allow such a service station - which would be the procedure under the proposed amendments. Mr. Howard yeremiuu,.228 Santa Clara Avenue, spoke of the decline of business in both of the main business districts on Park and Webster Streets in recent years and stated that with the currently contemplated residential development" especially in the west end of the City, the merchants were looking forward hopefully to much better conditions within the next two years. He felt that service stations broke up the continuity of the retail stores within the central business districts, which discouraged new shops from going in. There being no further speakers to be heard, the President declared the Hearing closed. Discussion by the Council developed the point that possibly other land uses should be included in the Use permit" procedure, in certain districts. The opinion nae_expreysed that the presently pro- posed amendments were discriminatory against gasoline service stations. The matter was then referred to "Introduction of Ordinances". REPORTS OF OFFICERS ~ BOARDS, ETCETERA: 1 From the Mayor, nominating Mr. Raymond P. Kranelly as a member of the Recreation Commiaaiop, to serve the unexpired term of Mr. Terry La Croix, Jr., resigned. The term expires August 31, 1965. The matter was referred to "Resolutions". 14«' From the Mayor, nominating Mr. C. W. Moore as a member of the Social Service Board, to serve the unexpired term of Mr. Raymond E. Waterlow, resigned. The term expires June 30, I965. The matter was referred to "Resolutions". 15� From City Manager, recommending contract be awarded to Good Chevrolet, low bidder, for furnish- ing three new Sedans for the Police Department, at the total cost of $4,266.84. Councilman Rose moved the recommendation be adopted; that contract be awarded to the designated com- pany for furnishing the specified vehicles at the total cost quoted. The motion was seconded by Councilman Freemen and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. v 16. From Citizens' Committee on Charter Revision, signed by Mr. H. J. Kihn, Acting Chairman, submit- ting its report on the revised draft of the proposed Revised City Charter and requesting an early decision by the City Council so a definite procedure.migbt be programmed for any further action which might be required of the Committee. The President remarked that time is important in getting the proposed revised Charter finalized and to expedite the matter, he asked the pleasure of the Council with regard to holding a special meet- ing on the subject to determine upon future procedure. It was felt the Council would benefit from the experiences of the Committee members in their Charter studies and, therefore, it was decided that the Council would hold a special meeting in the Council Chamber, on Tuesday evening, May 14,.1963, at 7:30 o'clock, which the members of the Charter Commit- tee would be invited to attend. The Clerk was instructed to prepare and forward proper notices to this effect. 17. From City Manager, reporting all work satisfactorily completed on the project of furnishing and installing an Irrigation System in Lum Park - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Freeman moved the recommendation be approved; that the work on said project be accepted and the Notice of Cumpletion_betilmdv The motion was seconded by Councilman La Croix and unani- mously carried. INTRODUCTION OF ORDINANCES: 18. Councilman Freeman introduced the following ordlnunce,after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (21) Through (27) to Section 17-442 Thereof, Relating to Electrically Operated Traffic Control Signals." 19. Councilman Rose introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by /mending Section ll-1334(u) Thereof, and by Adding Subsection (e) to Section 11-1335, Relating to Gasoline Service Stations in 'C-2' Districts." UNFINISHED BUSINESS: 20. Councilman Freeman asked that a policy decision be made by the Council that this room be desig- nated as the Council Chamber for special meetings, regular meetings and adjourned meetings. During the detailed discussion on the subject, it was ascertained, that a policydeciaiou as suggested would not preclude the Council from having any special meetings in Room 303. Therefore, the President stated that, if there were no objections, the Council would agree to the policy statement of going along exactly the same way it had in the past - with this room being designated as the Council Chamber. Mr. Way pointed out that a statement of policy could be changed any time the Council would like to change it. 21.v The President spoke of the investigation Councilman Rose was making on the proposed tax increase of five cents per each $100. of assessed valuation for the East Bay Regional Parks District and inquired if he had been able to conclude his study. Councilman Rose replied that he had not completed his review of the matter and, in view of the lengthy agenda this evening, he would like to defer his report until the next meeting. 22. ' Councilman Freeman referred to the recruitment steps taken in an endeavor to procure a new City Attorney - and requested that the effort be, repeated in a further attempt to obtain said official. Mr. Weller explained that in March of this year, letters had again been written in this matter. Upon Councilman Freeman's insistence, however, the President asked the City Manager to once more cir- cularize as soon as possible all probable sources for a City Attorney. NEW BUSINESS: 23. Councilman McCall broached the subject of having the City Manager investigate and report on the possibility of prohibiting parking on the south side of Shore Line Drive from Grand Street to Broadway or from Grand Street to Park Street, whichever would be desirable, and also, the possibility of establishing Shore Line Drive as a one-way thoroughfare. He felt there was a dangerous situation along this street which was causing a problem to the Police Department. Another item was the amount of littering which had been going on. Councilman McCall stated, too, that in many cities the police patrol cars are equipped with shot-guns. He felt this provided great protection and should be seriously considered for the Alameda squad cars. He expressed the hope that the City Manager would discuss this matter with the Police Chief and consider it when making up the budget. Mr. Weller stated that all of the items mentioned by Councilman McCall, with the exception of making Shore Line Drive a one-way street, were currently under active consideration. He said he would expect to have a report for the Council on these matters within the next two weeks. RESOLUTIONS: 24. The following resolution was introduced'by Councilman Rose, who moved its adoption: "Resolution No. 6463 Appointing Member of the-Recreation Commission." (Raymond P. Kranelly) 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. 25. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6464 Appointing Member of the Social Service Board." (C. W. Moore) The motion to adopt said resolution was seconded by Councilman Rose and on roll cull carried by the following vote. Ayes: Five. Noes; None. Absent: None. At this time, the President introduced Mr. Moore who, in turn, introduced his wife, Jessie, and'the following friends: Mrs. Georgia B. Wishups, Mr. McKinley Lowery and Mr. Carter Gilmore, President of the Alameda Chapter of the National Association for the Advancement of Colored People. All were heartily welcomed and the President again thanked Mr. Moore for accepting this appointment. 26. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6465 Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1983-1964." 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 Freeman, who moved its adoption: "Resolution No. 6466 Adopting Specifications for Furnishing to the City of Alameda for the Fiscal Year Ending June 30, 1964, Gasoline, Traffic Paint and Thinner, Calling for Bids and Directing City Clerk to Advertise Same." 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. 28. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6467 Adopting Specifications, Special Provisions and Plans for Installation of a Storm Sewer in Fourth Street from Lincoln Avenue to Pacific Avenue, and Storm Drainage Work at Lincoln Avenue and Third 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. 29. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6468 Adopting Specifications, Special Provisions and Plans for Installation of Playground Equipment in Woodstock Park Tiny Tot Area, Calling for Bide and Directing City Clerk to Advertise Same." 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. 30. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6469 Adopting Specifications, Special Provisions and Plans for Resurfacing of Golf Course Memorial Road and a Portion of the Golf Course Parking Lot with Asphalt Concrete, 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: Five. Noes: None. Absent: None. J 31. The following resolution was introduced by Councilman Freeman, who moved its adoption: | "Resolution No. 6470 Requesting Utah Construction & Mining Co" to Expedite Completion of Contractual Obligations and Development of the Alameda South Shore Project." 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. 32:// 2." "Resolution No. 6471 Amending Resolution No. 6347 Authorizing Additional Interim Compensation to Assistant City Attorney Pending Appointment of New City Attorney." Councilman McCall stated he felt Mr. Way, the Assistant City Attorney, was performing a very competent job during this interim period and also thought he was not being sufficiently compensated therefor. Be then introduced the resolution and moved its adoption with the amount of salary being set forth therein as $950. The motion was seconded by Councilman Rose and on roll call carried by the follow- ing vote. Ayes: Five. Noes: 0one, Absent: None. The President expressed the Council's sincere appreciation for the excellent work done by Mr. Way and thanked him for having carried on for the City under difficult circumstances. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 33. "Ordinance No. 1423, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (19) and (20) to Section 17-442 Thereof, Relating to Electrically Operated Traffic Control Signals." (Broadway & Otis) (Central & Webster) This ordinance had been amended by the declaration of its great emergency and necessity for the immediate preservation of the public health and safety and would become effective immediately to pro- vide for the elimination of traffic hazards. Councilman Rose moved the passage of the ordinance as amended. The motion was seconded by Council- man La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 34. Specifications and Provisions No. MS 5-63-7 - Furnishing Traffic Paint and Thinner for Fiscal Year 1962-04. 35. Specifications and Provisions No. MS 5-63-8 - Furnishing Premium and Non-Premium Gasoline for Fiscal Year 1963-64. 36. Specifications, Special Provisions and Plans No. PW 4-63-6 - Installation of Storm Sewer in Fourth Street from Lincoln Avenue to Pacific Avenue, and Storm Drainage Work at Lincoln Avenue and Third Street. 37. Specifications, Special Provisions and Plans No. PW 4-63-7 - Installation of Playground Equipment in Woodstock Park Tiny Tot Area. 38. Specifications, Special Provisions and Plans No. PW 5-63-8 - Resurfacing of Golf Course Memorial Road and Portion of Golf Course Parking Lot with Asphalt Concrete. 39. Revised Draft of Proposed Revision of City Charter (April, 1963), 40. Review of Progress under the Workable Program for Community Improvement. BILLS: 41. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $41,903.05, 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 May 7, 1963, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call Curried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 42. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, May 21, 1963, at 7:30 o'clock. Respectfully submit d,