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1969-03-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING MARCH 4, 1969 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Isaacs and was followed by an inspiring Invocation delivered by The Reverend H. W. Van Delinder, Pastor of the First Presby- terian Church. ROLL CALL: The roll was called and Councilmen Fore, Isaacs, La Croix, dent McCall, (5), were noted present. Absent: None. MINUTES: Levy and Presi- 1. The minutes of the regular meeting held February 18, 1969, were approved as tran- scribed. WRITTEN COMMUNICATIONS : 2.v From Mr. Lloyd S. Helm, 2720 Otis Drive, protesting against heavy truck traffic on Otis Drive, which was damaging public and private property, and requesting it be re- routed. President McCall explained a study had been made of the condition of this street. He said there were plans underway by the State Division of Highways for repair and re- surfacing; of the portion from Broadway to High Street, which is part of the State Highway System. The recommendation of the City Engineer, however, was not to attempt to prohibit truck traffic on Otis Drive. The City Manager was requested to reply to the communication, with a full explanation of the situation. 3/ From Bay 'Farm Island Reclamation District -No. 2105, signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrants Nos. 157 and 158 in the respective amounts of $26,652.20 and $150,000., in payment of certain dredging work performed and for re- plenishment of the revolving fund. The matter was referred to "Resolutions ". ORAL COMMUNCIATIONS, AGENDA: 4.v Mr. Helm was invited to address the Council with regard to his request that truck traffic be taken off Otis Drive. He reviewed the construction of the street from the beginning, claiming it had never bean intended to carry heavy vehicles. He felt Encinal Avenue had a good sub -grade and could withstand these heavy loads. Mr. Helm asked if there was not something the City could do to re -route the heavy traffic and get it off Otis Drive. City Engineer Hanna, who had been temporarily absent from the meeting during the previ- ous discussion on the matter, reported on the correspondence between the City and the State Division of Highways with regard to reconstruction of the street, as set forth in his memorandum dated February 25, 1969. He said work was being done in the area at the present time by East Bay Municipal Utility District in preparation for the later re- surfacing by the State Division, probably in April. It was felt when this work has been completed the street should be reasonably smooth and the vibrations should be at a minimum. Mr. Hanna added there was special legislation with regard to prohibiting trucks on a State highway. The only way this could be done was to have an alternate route which would be acceptable to the State Director of Public Works, after public hearing, etcetera. Mr. Hanna was requested to inform the State Division of Highways of Mr. Helm's complaint and ask that the problem be given special attention in connection with the recon- struction project. Mrs. Madeline Dercole, 2517 Otis Drive; Mrs. Camille Thomas, 1001 Regent Street, and Mr. Clifford Roes, 2814 Otis Drive, added their complaints concerning the noise, vibra- tion, cracked walls and loose plaster. Mrs. Lloyd S. Helm protested that projects were commenced and not completed within a reasonable period of time. HEARINGS: 5.✓ In the Matter of an Appeal from the decision of the Planning Board to deny a variance to construct a six -unit dwelling on a lot of 8,658.50 square feet, having an area deficiency of 341.5 square feet, in the R -4, Neighborhood Apartment District. The Appeal was filed by Whitney & Hanson, Attorneys, on behalf of Messrs. D. B. Bitner and Frank Piro in connection with construction proposed at 1532 -1534 Verdi Street. 7 7 The Clerk stated the Appellant had been informed that this would be the time and place for Hearing on this Appeal. City Attorney Cunningham stated the issue before the Council was whether or not the action and findings of the Planning Board, required and taken under Section 11-161 (b) and (e) of the Alameda Municipal Code should be affirmed, modified or reversed. Mr. Donald Johnson, Planning Director, reviewed the facts of the case, as covered in his memorandum of February 26. 1969. He stated the applicant's argument had been that a deficiency variance was indicated because of others granted in the neighborhood, a statement which Mr. Johnson confirmed. The Staff's position was that the variance was in the upper limits of those requested recently and that the applicant had not substanti- ated any particular claim of hardship. The Board likewise could make no finding of hardship but it could not reach a majority decision to grant the variance and the matter was denied by default. On the call for proponents, Mr. Stanley D. Whitney appeared on behalf of Messrs. Bitner and Piro. He quoted the amounts of variances granted previously to other properties in the vicinity. He stated all setbacks were maintained on the proposed plan and no further variances would be requested. The only thing to be gained would be a loss by the applicant if the City required him to maintain the building in five units rather than six. The building would be the same size and there would be no additional un- covered space on the lot. The builder would probably make one unit a little larger than the others and lose the additional income. The City would lose the additional taxes from a six-unit building as compared to five apartments. He pointed out there was no particular objection indicated on the part of the Planning Department and no particular reason given by the Board for its denial. He claimed there was certainly a financial hardship to owners to be limited to five units when the property was well- suited to six. He respectfully urged the variance be allowed. Councilman La Croix inquired if the purchasers of the property were aware of the need for a variance at the time of purchase. Mr. Whitney replied, after consulting with Mr. Bitner, that the latter had thought there might be some shortage but, in view of the other variances allowed in the immediate vicinity, felt the same would be granted him. On the call for opponents, there were none. The Hearing was then declared closed. Councilman La Croix moved the Appeal be denied. The motion died for lack of a second. Councilman Levy then moved, in view of the precedent established in granting similar variances on adjacent properties, and the lack of protests, that the Appeal be granted and the variance be allowed. The motion was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. 6." At this time, President McCall introduced and welcomed several Girl Scouts from Troop No. 2080. They were greeted with hearty applause. REPORTS AND RECOMMENDATIONS: 7.' From the City Planning Board, signed by the Secretary, recommending apnorval of Parcel Map No. 427, subject to the terms and conditions of the City Engineer's report dated February 10, 1969. The Map was filed by Jones-Tillson & Associates for Mr. William S. Godfrey on property at the southwesterly end of Hawthorne Street. This matter was referred to "Resolutions". 8. From the City Manager, recommending authorization be given to purchase in the open market one Van Truck for the Traffic Engineering division, in accordance with provisions of Section 3-15 of the City Charter. Councilman La Croix moved the recommendation of the City Manager be accepted and author- ization be granted to purchase the vehicle specified in the open market. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 9. k' From the City Manager, recommending contract be awarded to McGuire and Hester, low bidder, for the project of Constructing Arch Culverts at the Intersections of Clinton Avenue and Walnut Street and Clinton Avenue and Laurel Street, at a cost of '1314,569.30. Councilman Levy moved the recommendation of the City Manager be accepted, and the contract be awarded to the designated Company for the specified project at the price quoted. The motion was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 10.Y From the City Planning Board, signed by the Secretary, recommending the reclassi- fication of properties known as 1015, 1017, 1021, 1025, 1029, 1033, 1037, and 1041 Regent Street form the "R-1", One-Family Residence District, to the "R-4", Neighborhood Apartment, District, on the petition filed by Messrs. Robert and Nick Perata. Protest to this rezoning had been received from Mr. James R. Buckley, 1041 Regent Street. A petition signed by thirty-seven residents of the area had also been received in protest. The Hearing on this matter was set for the regular meeting of the Council on April 1, 1969. 11: From the City Planning Board, signed by the Secretary, recommending approval of the Tentative Map of subdivision known as Tract No. 3108, subject to terms and conditions of the City Engineer's report dated February 21, 1969. The Map was filed by Jones- Tillson & Associates for Lindsey, Gallagher & l■rillett for a six-unit condominium sub- division at the northwest corner of Central Avenue and Union Street. Upon inquiry, City Engineer Hanna stated he had no objections to this Map and it met the requirements of the Engineering Department. Councilman La Croix moved the recommendation of the Planning Board be accepted and the Tentative Map for the designated Tract be approved, subject to the terms and conditions of the City Engineer's report of February 21, 1969, as stated. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 12. From the Library Board, requesting approval of participation in the Federal program with the East Bay Cooperative Library System. Messrs. Donald Bruzzone, President of the Library Board, and Carl W. Hamilton, Librarian, were present to explain the System. There was a lengthy question and answer period, with the Councilmen raising several points for clarification in connection with the program. Councilman Isaacs was concerned that in the two-county area to be served there were only two cities involved, Alameda and Richmond. Mr. Weller commented on this question. He expressed the opinion that the principal objection on the part of the major cities in Alameda County, at least, which had not joined the program was an economic one, having to do with their concern over the reciprocal services which would be provided, that there would be an imbalance, and they would be providing more service to people outside their jurisdiction than would be provided to their citizens by other communities. Councilman Isaacs inquired as to the amount of obligation of the City, should it be decided to continue with the program after the pioneer two-year period. Mr. Hamilton estimated this would be approximately 86,000. or $7,000. City Attorney Cunningham pointed out the resolution authorizing participation in the System had been worded so that the Library and the City Council might retain control after completion of the program in order that the Library might determine what, if any, essential services should be continued. It was stated the program could be discontinued for any year, if so desired, by taking action by the first of May. Councilman Isaacs expressed alarm at the increases which had taken place in the amounts', of grants. He made the observation that if mutual aid programs -were good they ought to be accomplished without the "bait' of large Federal grants -and that when "free" aids of this nature are accepted the City often ends up in a situation which is not to its best interest. Mr. Bruzzone said he saw the program as a pilot pioneering-type of project making availa- ble to the residents of the City of Alameda a total collection of one million volumes contained in the Alameda County, Contra Costa County and City of Richmond Libraries. He urged the Council's favorable consideration. At the conclusion of the discussion, Councilman Levy moved the recommendation of the Library Board to participate in this program be accepted. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: Council- man Isaacs, (1). Absent: None. The order of business was revised and referred to "Resolutions". RESOLUTIONS: 7 The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7442 Authorizing Participation by Alameda Free Library in Federal Library Services and Construction Act Project Undertaken by East Bay Cooperative Library System, and Authorizing Alameda County Librarian to Execute Project Application." The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Isaacs, (1). Absent: None. The meeting then reverted back to the regular order of business. UNFINISHED BUSINESS: 13.K-The matter was called up on the Application for Permit to Fill Property from the East Bay Regional Park District-on a site located south'of Washington Park between Westline Drive and McKay Avenue, with approximately 100,000 cubic yards of topsoil and clean fill by truck and tractor. This request had been held over from the last regular meeting in order that the Council could be furnished with maps indicating the area involved. These maps had been dis- tributed to the Council just this evening. The City Engineer stated the proposal met all requirements of the Municipal Code and the Engineering Department. The fill would be delivered by several trucking firms having material to dispose of. Each firm would furnish the required bond, and the City would not require a bond from the "District". Councilman La Croix moved said Application for Permit to Fill the indicated property be granted. The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 14. The matter next called up was that of the request of Mr. David L. Brotherton, 1437 Stanton Street, that right-angle parking be established in the 1400 block. The Councilman had been furnished with reports by the City Engineer and a map of the existing conditions in the block involved. It was recommended that parallel parking be required. Mr. Hanna reviewed the sitution. He suggested the property owners be contacted and encouraged to put in the missing curb of approximately 250 feet. After a certain percentage had been installed, the balance of the owners involved would be required to have curbs constructed on their properties also. This would be standard procedure and the improvements would certainly be to the best interest of the property owners. Councilman Fore moved the acceptance of the City Engineer's Supplemental Report dated February 28, 1969, on this matter, as reviewed by the Traffic Advisory Committee. The motion was seconded by Councilman La Croix and on roll call carried bythe following vote. Ayes: Five. Noes: None. Absent: None. Mr. Hanna was requested to contact the property owners involved and to arrange a meeting at which this matter could be explained. RESOLUTIONS: 15.7' The following resolution was introduced by Councilman La Croix, who moved its adoption:: "Resolution No. 7443 Setting Time and Place for Hearing on General Plan and Directing Publication of Notice Thereof." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. 16.K The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7444 Scheduling Public Hearing on Ordinance Adopting, by Reference, a Fire Prevention Code, and Directing City Clerk Give Notice Thereof by Publication." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7445 Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Parcel Map No. 427 and Approving Faithful Performance Bond as to Sufficiency (Division of Property at the Southwesterly End of Hawthorne Street, Alameda, California--William S. Godfrey)." The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None, Absent: None. 18.- The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7446 Approving Parcel Map No. )427 for Division of Property at the Southwesterly End of Hawthorne Street, Alameda, California, and Permitting Recording Thereof (Jones- Tillson & Associates, for William S. Godfrey)." The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 19. 'The following resolution was introduced by Councilman Isaacs, who moved its adoption: "Resolution No. 7447 Affirming and Adopting Amendment No. 1 to Highway Users Tax Fund Budget." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 20. The following resolution was introduced by Councilman Isaacs, who moved its adoption: "Resolution No. 7448 Adopting Specifications, Special Provisions and Plans for Pavement Repairs on Tilden Way from Buena Vista Avenue to Fernside Boulevard, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 21.v The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7449 Approving Warrants Nos. 157 and 158 of Board of Trustees of Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. The President declared all of the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 22. Councilman La Croix Moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: Ordinance New Series Adopting by Reference, as Primary Code, a Fire Prevention Code, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion, and Establishing a Bureau of Fire Prevention and Providing Officers Therefor and Defining Their Powers and Duties." The motion to introduce said ordinance was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23. Councilman Levy moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Subdivision (17) of Section 17-431 Thereof and Adding subdivisions (169) and (170) to Section 17-432 Thereof, Relating to Stop Intersections." The motion to introduce said ordinance was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. BILLS: 24. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 036,866.28, 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 Levy moved the bills itemized in the List of Claims filed with the City Clerk on March 4, 1969, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote: Ayes: Five. Noes: None, Absent: None. ORAL COMMUNICATIONS, GENERAL: 25/ Mr. William S. Godfrey, Chairman of the Housing Authority of the City of Alameda, addressed the Council. He reported, on the rent supplement program, no Federal funds had as yet been received. However, he stated they were going ahead by using rent money in a deficit budget. Four places had been signed up and two families had been moved in. The program was proceeding very slowly with careful interviewing and scrutinizing of applicants. FILING: 26. Comprehensive General Plan - 1990 for Alameda, California. 27. Specifications No. PW 3-69-4 - Pavement Repairs on Tilden Way from Buena Vista Avenue to Fernside Boulevard. 28. Agreement - Between William S. Godfrey and City of Alameda - re Improvements in connection with Parcel Map No. 427. 29. Fire Prevention Code, 1965 Edition (three copies). 30. Financial Report - Bureau of Electricity, as at January 31, 1969 - Verified by Hackleman, Larzelere, McKenna & von Kaschniz. 31. At this time, President McCall introduced and welcomed Mr. John E. Mitcheom, one of the candidates for Councilman in the General Municipal Election to be held March 11. Also welcomed were Messrs. Ron Matheson ard Frank Gottstein. 32. The President remarked on the passing of Mrs. Florence Goelzer and Mr. Alf Larsen, old-time residents. 33. Councilman La Croix, as one who was not a contostant, wishedthose who were running for office the best of luck in the Municipal Election On Narch 11. ADJOURNMENT: 34. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, March 18, 1969, at 7:30 o'clock. Respectfully submitted, ,c; City Clerk