1963-12-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, DECEMBER 17, 1963
The meeting convened at 7:30, o'clock p.m. with President Godfrey presiding. The Pledge of
Allegiance was led by Councilman McCall and was followed by an inspiring Invocation delivered by
The Reverend Mr. Robert W. Lewis, Minister of the First Congregational Church.
ROLL CALL:
The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey,
(5), were noted present. Absent: None.
At this point, President Godfrey said he was happy to have the opportunity to publicly intro-
duce the new City Planning Director, Mr. Donald F. Johnson, and welcomed him as a member of the
official Staff.
MINUTES:
1. The minutes of the regular meeting held December 3, 1963, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. From Mr. Frank A. Gottstein, 731 Haight Avenue, requesting that the Council take action to have
traffic police assigned to patrol the Posey Tubes.
The communication was noted and filed.,
ORAL COMMUNICATIONS:
311 Mr. Richard P. Schacht, Attorney, addressed the Council on behalf of the interested parties
in the proposed project of improving Garden Road. He requested that the matter, listed on the
agenda for continued Hearings, be further continued to the Council meeting of January 21, 1964.
Mr. Schacht reported that excellent progress was being made by the group concerned to accomplish
the improvement of Garden Road without the necessity of the formation of an Assessment District.
The President stated that, if there were no objections, he would continue the Hearings on this mat-
ter to the Council meeting of January 21, 1964.
4. Mrs. Inez Kapellas, 1128 College Avenue, referred to a newspaper article which appeared in the
Oakland Tribune on December 12, 1963, on the subject of Redevelopment Agencies and the legislation
which allowed them to take the rights of people and the authority of City Councils. She urged the
Councilmen to read this article and give the matter careful study before the time when a vote would
have to be taken on the local redevelopment project and the "autonomous authority" of such an Agency.
The President assured Mrs. Kapellas that each of the Councilmen would take a long, hard look at the
redevelopment program before any action would be taken.
5. Mr. David A. Cary, 1808 Encinal Avenue, spoke of the increase in youth crimes and inquired what
action had been taken by the Council on a report submitted by the Youth Activities Committee. ,He
said he would like a copy of said report.
Councilman,Freeman felt the members of this former Committee should be sent copies of this report,
also.
6 ✓ Mr. Frank Gottstein, 731 Haight Avenue, pointed out
San Francisco - Oakland Bay Bridge.
7. this time, Councilman McCall introduced Mr. Gus
Alameda office of the Pacific Gas & Electric Company.
there were traffic patrol officers on the
eimken, the newly appointed Manager of the
HEARINGS:
8./ The matter was called, up concerning the Appeal from the decision of the City Planning Board to
deny an application for two variances pertaining to the property at 1322 Regent Street, filed by
the owner, Mr. Rudolph P. Hoehn.
Mr. Johnson, Planning Director, reviewed the circumstances of the case with reference to a sketch
of the lot in question which also showed the surrounding properties and structures thereon. He
pointed up that the purpose of the application was to permit the erection of a garage and storage
space in the rear yard of said lot.
Mr. Cunningham, City Attorney, then stated that the issue before the Council was whether or not the
action of the Planning Board, under Section 11- 161(b) and (e) of the Zoning Ordinance, should be
affirmed, modified or reversed.
There was no response to the call, for proponents of the question. Upon inquiry for opponents to the
Board's denial of the application, Mr. Hoehn addressed the. Council. He said he desired to build the
garage in order to eliminate the necessity of having to leave one of his cars parked on the street,
and thus avoid the risk of vandalism, which was so prevalent nowadays.
Mrs. Kapellas, 1128 College Avenue, also spoke in favor of allowing Mr. Hoehn to erect the garage
,as proposed - in fairness to the owner of a single, small lot as well as to developers of many small
parcels which made up a subdivision.
The Hearing was then declared closed and the Council entered into a discussion of the situation. The
opinion was expressed that it was desirable to provide off - street parking where possible even though
the extra building would crowd this small lot. Councilman La Croix moved that the recommendation of
the Planning Board be reversed and the two variances be granted to allow construction of the garage
and storage building not to exceed three hundred twelve square feet in size. The motion was seconded
by Councilman Freeman and carried on the following roll call vote. Ayes: Councilmen Freeman, La
Croix and McCall, (3). Noes: Councilman Rose and President Godfrey, (2). Absent: None.
9: Continued from the Council meeting of November 19, 1963 - the matter of a Hearing on Resolution
No. 6519, concerning the preliminary determination of public convenience and necessity of the improve-
ment of Garden Road (proposed Assessment District).
10. Continued from the Council meeting of November 19, 1963 - the matter of a Hearing on Resolution
of Intention No. 6522 - to order the improvement of Garden Road (proposed Assessment District).
As requested earlier in the meeting by Mr. Schacht, Attorney, these Hearings had been continued to
the Council meeting to be held January 21, 1964.
REPORTS OF OFFICERS, BOARDS, ETCETERA:
11. From the City Manager, recommending contract be awarded to George Floyd Enterprises, sole bidder,
for the Operation of the Refreshment Concession in Various Parks and on the South Shore Beach, for
the two -year period ending December 31, 1965, at the payment of five per cent of gross receipts, with
a minimum of $100. per month.
Councilman Freeman moved the recommendation be adopted; that the contract be awarded to said firm
for the Operation of the Refreshment Concession as designated. The motion was seconded by Council-
man La Croix and on roll call carried by the following vote.. Ayes: Five. Noes: None. Absent:
None. ..
12. From the City Manager, recommending contract be awarded to Good Chevrolet for furnishing two
Dump Trucks for the Street Department, at the total cost of $5,912., as the lowest and best bid.
Councilman Rose moved the recommendation be approved; that the contract be awarded to the specified
firm for furnishing the designated vehicles at the price quoted. The motion was seconded by Council-
man La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
131 From the City Manager, reporting all work satisfactorily completed on the project of Construct-
ing the Clubhouse at Godfrey Park - recommending it be accepted and the Notice of Completion be
ordered filed.
Councilman Freeman moved the recommendation be followed; that the work on the specified project be
accepted and the Notice of Completion be filed. The motion was seconded by Councilman Rose and on
roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None.
Councilman McCall spoke of the excellent cooperation between the Architects, Ponsford & Price, and
the Contractors, Truitt Construction Co.,in the construction of this Clubhouse. He suggested a let-
ter of congratulations be written to them for the very fine building. The Clerk was directed so to
do.
141 From the City Planning Board, signed by the Secretary, recommending that the "Yf5" Combining
District Regulation as it exists in Unit No. 4, South Shore Project, be removed and that Section
11 -116 of Zoning Ordinance No. 1277, New Series, be amended to accomplish this result. The date of
the Hearing on this matter was set for the Council meeting to be held January 21, 1964.
15. From the Chief of Police, submitting the name of Mr. Edward N. Souza for approval and appoint-
ment as a Trustee of the Pension Board for the term expiring December 31, 1966,
This matter was referred to "Resolutions ".
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16. The President verbally reported that a request had been made at a recent meeting of the Mayors'
Conference for a survey of the Civil Defense program pertaining to the underground installations of
the Bay Area Rapid Transit District for possible use as shelters. He explained, however, that in
view of the postponement of the next regular meeting of the "Conference ", he would be able to write
a letter to the Councilmen setting forth further details of the matter. Therefore, he felt the'sub-
ject could be discussed by the Council at its meeting of January 7, 1964, and he could then submit
its reaction to the Mayors' Conference meeting the following night.
UNFINISHED BUSINESS:
17 The President broached the subject of the request submitted at the last Council meeting in a
letter from The Pacific Telephone and Telegraph Company, dated November 20, 1963, to purchase a
four - hundred -foot section of a certain conduit along the north side of Santa Clara Avenue which
fronts the properties known as 2215 to 2245.
The City Engineer had prepared a complete report on the matter in his memorandum to the City Manager
dated December 16, 1963, copies of which had been sent to the Councilmen for their information. Upon
request, Mr. Hanna orally reviewed the history of the situation. He suggested that the transaction
could be simplified by offering the Telephone Company the duct which the City owned with the pro-
vision that the City cable be left within the "Company's" duct. Mr. Hanna felt this could be accom-
plished by an agreement between the City and said Company.
Councilman Freeman moved the Council direct the City Attorney to negotiate the proper agreement with
The Pacific Telephone and Telegraph Company covering this subject for the Council's consideration.
The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes:
Four. Not Voting: Councilman McCall, (1). Noes: None. Absent: None.
18 The President stated that some time ago, Sheriff Madigan, Director of the Alameda County Civil
Defense, had called a meeting of the Mayors and City Managers, at which time he had asked that all of
the cities cooperate in having a siren alert test on Tuesday, December 10. However, said test had
been cancelled due to the recent death of President Kennedy. Upon inquiry of Mr. Weller, it was
learned that such a test would be held some time in March, 1964, but a definite date had not yet been
set.
19.'` Councilman McCall referred to the ordinance (No. 1440, New Series) which "freezes" the issuance
of building permits within the Park Centre Redevelopment Project. He cited the case of Good Chevrolet
which would like to do some remodeling within its building which was located in the "Project" area.
It was pointed out that the necessary relief could be granted to this firm by the amendment of the
ordinance to waive the restriction in said particular case.
It was further developed that the proper information had been given to the interested party so he
could proceed with the necessary request for the waiver of the existing restriction, in his case, and
the matter would then come before the Council.
NEW BUSINESS:
20. The President referred to a memorandum from the City Attorney dated December 16, 1963, with regard
to the acquisition of the property known as 1419 Everett Street, which the Bureau of Electricity
needed for a parking lot. It was explained that the normal purchase method was precluded because the
parcel was owned by a City employee. Therefore, permission was requested pursuant to Charter Section
8. -2 to commence.an action in condemnation of said property, should it become necessary.
Mr. Cunningham explained other circumstances involved in the transaction for the Council's
information.
Considerable discussion ensued concerning several aspects of the situation, with Messrs. Weller and
Cunningham clarifying certain points.
Councilman McCall then moved that, under provision of Section 8 -2 of the City Charter, authorization
be granted to the City Attorney to initiate condemnation proceedings on the subject property should
it become necessary. The motion was seconded by Councilman Rose and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
RESOLUTIONS:
21. The following resolution was introduced by Councilman Rose, who moved its adoption:
"Resolution No. 6545
Adopting Specifications for Furnishing to the City of Alameda Two (2)
New, 8- Cylinder, 4 -Door Sedans, 1964 Models, with Automatic Transmission,
for the Police Department, Calling for Bids and Directing City Clerk to
Advertise Same."
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.
22. The following resolution was introduced by Councilman La Croix, who moved its adoption:
"Resolution No. 6546
Fixing Fees to be Charged by Police Department for Furnishing Reproductions
of Data Authorized by Section 20015 of the Vehicle Code of the State of
California, or Other Data, and Rescinding Resolution No. 5192."
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 La Croix, who moved its adoption:
"Resolution No. 6547
Adopting Revised Budget for Expenditure of Funds Allocated from the State
Highway Fund to Cities."
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.
24. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 6548
Appointing Member of the Pension Board. (Edward N. Souza)
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:
25. "Ordinance No. 1449,
New Series
An Ordinance Amending the Alameda Municipal Code by Adding Section 17 -435
to Article 3 of Chapter 4, Title XVII, Relating to Stop Signs at Intersections
Controlled by Official Traffic Control Signals."
Councilman Freeman 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.
FILING:
26. Specifications and Provisions No. MS 12 -63 -20 - Furnishing Two Sedans for Police Department.
27. Financial Statement - Bureau of Electricity, as of October 31, 1963 - Verified by Hackleman &
Larzelere.
BILLS:
28. An itemized List of Claims against the City of Alameda and the Departments thereof, in the
total amount of $30,834.53, 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 17, 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 carried by the following vote. Ayes: Five.
Noes: None. Absent: None.
29:/ At this point, President Godfrey announced that, immediately following the meeting, City
Manager Weller was going to present a detailed explanation of the new State Gasoline Tax Allocation
for the information of the Council. He invited all to stay who were interested.
ADJOURNMENT:
30. There being no further business to come before the meeting, the Council adjourned - to assemble
in regular session on Tuesday evening, January 7, 1964, at 7:30 o'clock.
Respectfully submitted,
Citv Clerk