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1969-04-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING APRIL 1, 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 Earl Smedley, Assistant Rector of Christ Episcopal Church. ROLL CALL: The roll was called and Councilmen Isaacs, La Croix, Jr., Levy and President McCall. (4), were noted present. Absent: Councilman Fore, (1). NUTES: 1. The minutes of the regular meeting held March 18, 1969, were approved as transcribed. 3•7 From Mr. Stanley Boersma, requesting that the Hearing on two Appeals, scheduled to be heard at this meeting, be continued due to his absence from the country until April 6, 1969. These Appeals were from the decision of the Planning Board to grant a variance to allow encroachment of ten feet into the required twenty-foot rear yard area for a distance of sixty-eight feet, on construction proposed by Tor. Boersma at 890 Union Street. 4. In connection with the communication from Mr. Boersma, the Clerk road a letter re- ceived this data from Davis, Craig & Bartalini, Attorneys for the crest Alameda Lagoon Home Owners Association, one of the Appellants. The letter, signed by Mr. H. Theodore Craig III, consented to a continuance of the Hearing on the condition that it be set for the Council meeting of Nay 6, 1969. WRITTEN COMMUNICATIONS: 2. From Bay Farm Island Reclamation District No. 2105, signed by Mr. Raymond P. Kranelly, Trustee, requesting that the City Council appoint three assessment commissioners for the District. This matter was referred to ItReso1utions. The Clerk stated that Mr. Russell R. Reed, also an Appellant, had 'indicated by telephone his willingness to have the matter continued to the May 6 meeting. It was agreed that the Hearing in question would be continued to the Council meeting of May 6, 1969, and it was so ordered. The Clerk was directed to notify the involved parties accordingly. HEARINGS: 5/ In the Matter of an Ordinance Adopting by Reference Fire Prevention Code, 1965 Edition. The City Clerk stated. there was on file the Affidavit of Publication of Resolution No. 7444, adopted by the Council on March L, 1969, setting this time and place for Hearing in the matter. City Attorney Cunningham explained the purpose of this Hearing was to determine whether the 1965 Edition of the National Fire Prevention Code should be enacted to replace the 1956 Edition, currently in effect. State law authorized the City to adopt such a Code by reference only, which was being done in this case, and all required procedures had been followed. The ordinance adopting said Code had been introduced at the March 4 meeting and, should the Council be in favor of adoption at the close of the Hearing, the ordinance was on tho agenda for final passage. Battalion Chief Alan Heninger of the Fire Department then addressed the Council. He reviewed the intent of the Code, basically the same as the 1956 Edition, but updated to cover certain hazardous processes, materials and occupancies to fit modern-day safety practices. On the call for opponents, there was no response. The Hearing was then declared closed and the order of business was revised to the subject to "Ordinances for Passage." ORDINANCES FOR PASSAGE: 6.V "Ordinance No. 1 New S ries 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." Councilman Levy moved the ordinance be passed as submitted. The motion was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). The Council then returned to the regular order of business. HEARINGS: 7. In the Matter of a petition to rezone certain properties known as 1015, 1017, 1021. 1025, 1029, 1033, 1037-and 1041 Regent Street from the "R-1", One-FaMily Residence District, to the "R-4", Neighberhood Apartment District. The petition was filed by Messrs. Robert and Nick Perata. The Clerk stated the Affidavit of Publication of the Notice of Hearing was on file, and the minutes of the meeting of the Planning Board at which this matter was considered had been sent to the Councilmen. The Planning Board had recommended these properties be reclassified as requested in the application. Copies of letters had been sent to the Council frorn the following indicating approval of the change of zone: Charles A. and Grace S. Russell, 1021 Regent Street; Leona Blankenship, 1017 Regent Street; and ten owners of properties in the area. Also sent to the Councilmen for their information were copies of a letter from Mr. James R. Buckley, owner of property at 1041 Regent Street, who had first favored the rezoning and then changed his position to one of opposition; and petitions signed by thirty- ; seven and by twenty-three residents in the vicinity, in opposition. City Attorney Cunningham recited the issue before the Council was whether or not the findings and recommendations of the Planning Board in its advisory report based on Section 11-175 of the Municipal Code should be approved, modified or disapproved. Planning Director Johnson reviewed the actions of the Board on the application. The petitioners owned the properties at 1029 and 1033 Regent Street and had included the other parcels at the request of the Staff. It was proposed to demolish the single- family structures on the two properties owned by the Peratas and to rebuild with two fourplexes as indicated on the sketch plan distributed to the Councilmen for viewing. Two persons had appeared at the Board Hearing in protest and three in favor. A pe- tition signed by thirty-seven residents had been received in opposition, as well as one signed by eleven in favor. The Board found the neighborhood was one in transition, with many old single-family structures in need of replacement, and the "R-4" zoning applied for, while on only one side of the street, was a logical expansion of the abutting "R-4" zone. Also, the Board seemed to favor the applicant's contention that rebuilding to single-family use was impossible. Mr. Johnson pointed out that none of the signers of the petition in protest were owners within the area in question. The proponents were then called on and Mr. Robert Perata came forward to represent his parents, owners of the property at 1029 Regent Street. He stated eight dwellings were involved in the proposed reclassification and a petition signed by the owners of the other properites had been submitted in support of the request. Mrs. Judy Perata also represented Mr. and Mrs. Nick Perata. She stated a meeting of the neighbors had been held at which all had signed in favor of the rezoning with the exception of Mr. Buckley, who had not accepted the invitation to attend. She de- scribed the proposed construction of townhouses with parking in the rear. On the call for opponents, Mr. James R. Buckley, owner of property at 1041 Regent Str appeared. He emphasized that the majority of the signers of the petitions were home owners and taxpayers and were strongly opposed to the zone change. He felt the pro- posed development would add to the alreadyserious parking problem on the street, and urged that the classification remain in the "R-1" District. The Hearing was then declared closed. Mrs. Guido Treno, owner of the property at 1014 Regent Street, and Mr. M. R. Pagel, owner at 1037 Regent Street, expressed approval of the rezoning. Mr. Perata spoke again and expressed the opinion that the proposed construction, with parking in the rear, would help rather than hinder the on-street parking situation. Mr. Buckley deplored the number of apartment houses being constructed in the City and the rezoning of residential areas to build more multiple dwellings. et, Councilman Isaacs commented that many of the opposition signatures were outside the immediate area of involvement and tenants rather than owners. He expressed the opinion that it was good planning judgment to incorporate the eight lots which were approxi- mately the same size as the lots to the north in the "R-I4_" District. He moved the recommendation of the Planning Board be affirmed and the properties set forth in th petition be reclassified from the "R-1" to the "R-4", Neighborhood Apartment District. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). The matter was referred to "Introduction of Ordinances". 8.1- In the Matter of Appeals from the decision of the Planning Board to grant a vari- ance to allow encroachment of ten feet into the required twenty-foot rear yard area for a distance of sixty-eignt feet, in construction at 890 Union Street. Filed by Davis, Craig & Bartalini, Attorneys for the West Alameda Lagoon Home Owners Association, and Mr. Russell R. Reed. This matter had been covered in connection with letters from Mr. Stanley Boersma and Davis, Craig & Bartalini, and the Hearing continued to the meeting of May 6, 1969. REPORTS AND RECOMMENDATIONS: 9•7 From the Planning Board, signed by the Secretary, recommending approval of Parcel Map No. 425 subject to applicable terms and conditions contained in the City Engineer's report dated February 7,1969, and specific exception to Sec. 11-3119(s) to permit lot of thirty-five-foot frontage. The Map was filed by Bates & Bailey for Mr. Thomas R. Lyons for division of property at the northwest corner of Grand Street and San Antonio Avenue. This matter was referred to "Resolutions". 10./ From the City Manager, recommending contract be awarded to McGuire and Hester, low bidder, for the project of Pavement Repairs on Tilden Way from Buena Vista Avenue to Fernside Boulevard at a cost of 11.;13,329. Councilman La Croix moved the contract be awarded to the designated firm for the speci- fied project at the price quoted. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). 11/ From the Mayor, City Manager a nd City Auditor, submitting their report on the Count of Money held February 19, 1969, showing the sum of $8,931,253.82 in the City Treasury at that time. This communication was noted and ordered filed. 12. From the Planning Board, signed by the Secretary, recommending approval of the Tentative Map of the subdivision known as Tract No. 3106, subject to the terms and conditions of the City Engineer's report dated March 24, 1969. This Map was filed by Jones-Tillson & Associates for Braddock & Logan for a proposed townhouse-type sub- division at t he southerly extension of Island Drive on Bay Farm Island. In this connection, a letter had been delivered this date, signed by six property owners of Bay Farm Island, requesting that the Council require future developers to provide public dedicated park and playground areas as described in Ordinance No. 1208 New Series. On question, Mr. Lee Eichelberger, Assist ant City Engineer, stated the Map met the re- Mr. John Hughes of Braddock & Logan was present to answer any questions. Councilman La Croix asked how much acreage was sot aside for recreational purposes for the develop- ment itself. He called attention to the questions regarding overloading of the facili- ties on Bay Farm Island, Mr. Hughes stated two and one-quarter acres had been desig- nated for recreational purposes. This included green areas for play, swimming, cabana and clubhouse facilities, etcetera, for the use of residents of the development and their guests. Mrs. Ina Eatto, 1053 Island Drive, addressed the Council. She said the signers of the letter were not opposed to the plan under consideration. They were concerned with the recreational facilities available to their children. They agreed it was good for the builder to consider the many families he was adding to the area but the people already living in the vicinity would not benefit. She expressed the hope that the City Council could come to some agreement with the builder of this development to provide some kind of public dedicated parks which would benefit his development and also the t ract s around it. Mrs. Sally Simpson, 1068 Camellia Drive; Mrs. Rosemary Bonadona, 3313 Eugenia Court; Mrs. Anna M. Brown, 1061 Camellia Drive; and Mr. Brian Maddock, 1000 Au burn Drive, spoke in support of Mrs. Ratto's plea. There was considerable discussion with regard to the subject. The City Manager, on re- quest, stated the total offer of dedication for public use was in the range of ninety acres, roughly ten per cent of the proposed development area on Bay Farm Island. Mr. roller added the potential for open land on Bay Farm Island was very good. The question was validly raised and one the City should be concerned with but it was something that could be dealt with as development takes place, generally, to the easterly part of the "Island". If given direction, the Staff could come up with a projection of the potential Frowth, estimate s oC ultimate population, etcete ra, so the ideal placement for open recreation areas might be determined. He felt this kind of plan might be what the Council would wish to adopt with respect to future development. In summary, he said, very sub- stantial open areas were being dealt with, much of which was controlled by public owner- ship. This was an advantage which should not be lost. Mr. ',Teller was asked to inform the E °creation Commission of this discussion and request the matt er be given study and a report be submitted to the Council. quirements of the City Engineer!s office. Councilman Isaacs objected to trying to make a decision on a matter submitted to the Council just before the meeting. He also felt the Planning Board should in the future make specific recommendations under the sections of the Subdivision Ordinance pertain- ing to dedication for parks and playgrounds. Mr. William M. Bartley, 308 Laguna Vista, stated in fairness to the Planning Board he had spoken vigorously at its meeting during discussion on this subject in support of a study being made on recreation and parks on Bay Farm Island. He had understood that a letter was to be compiled from the Board to the Council expressing its concern with regard to the problem and asking for instructions. Councilman Levy stated he believed the problem at hand was whether the Council was going to accept the Tentative Map of Tract No. 3106, postpone the matter, amend it or turn it down. He suggested there was no benefit to be gained by turning down the request at this time. Councilman La Croix agreed it was evident that the Council was concerned with the problems presented. He could see no good in not accepting the Map at this meeting. The studies would show what was needed and what was going to have to be done. Council- man La Croix then moved the recommendation of the Planning Board be accepted and the Tentative Map of Tract No. 3106 be approved, subject to the terms and conditions con- tained in the City Engineer's report dated March 24,1969. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Three. Noes: None. Ab- staining: Councilman Isaacs, (1). Absent: Councilman Fore, (1). At this time, the President declared a short recess. Upon reconvening, the regular order of business proceeded. NEW BUSINESS: 13. Councilman Isaacs commented that the salaries of the Auditor and the Treasurer had not been resolved. It was agreed that the meeting this evening would be adjourned to an adjourned regular session to be held Tuesday evening, April 8, 1969, at 7:30 o'clock. RESOLUTIONS: 14. 7 "Resolution No. 7454 Appointing Three Assessment Commissioners for Bay Farm Island Reclamation District No. 2105." City Attorney Cunningham stated the Code sections under which this matter was presented required that the proposed Commissioners make an oath of non-interest and the Attorney for the District had shown him such oaths in proper form. Also, he requested that the record show the resolution might be considered to have been read in full. Councilman Isaacs then moved the resolution be adopted. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). 15. /The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7455 Adopting Specifications, Special Provisions and Plans for Resurfacing and Minor Repairs of Various Streets, 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: Four. Noes: None. Absent: Councilman Fore, (1). 16./ The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution:No. 7456 Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Parcel Map No. 425 and Approving Cash Deposit as to Sufficiency in Lieu of Surety Performance Bond (Northwest Corner of Grand Street and San Antonio Avenue - Thomas R. Lyons)." The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). 17.v The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7457 Approving Parcel Map No. 425 for Division of Property at the Northwest Corner of Grand Street and San Antonio Avenue, Alameda, California, and Permitting Recording Thereof (Thomas R. Lyons)." The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). 16..- The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7458 Adopting Specifications, Special Provisions and Plans for Replacement of Chain Link Fence at Washington Park, 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: Four Noes : None. A bsent: Councilman Fore, (1). 19.v The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7L9 Adopting Specifications for Furnishing to the City of Alameda Five (5) New 1969 Model, Four-Door Sedans for the Police Department, 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: Four. Noes: None. Absent: Councilman Fore, (1). The President declared all of the foregoing resolution adopted. INTRODUCTION OF ORDINANCES: 20. Councilman Levy moved the following ordinance be introduced, after which it would be laid over under provision of lnw and the Charter: "Ordinance No. New Series Adopting General Plan for City of Alameda." The motion to introduce said ordinance was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). 21. 'Councilman Isaacs moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Authorizing Execution of Lease to Christian Churches of Northern California-Nevada, a Non-Profit Corporation (1Tebb Avenue Fire Station)." The motion to introduce said ordinance was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Council- man Fore, (1). 22.--Councilman Isaacs 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 Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (1000 block of Regent Street, west side, "R-1" District to "R-4" District) The motion to introduce said ordinance was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. goes: None. Absent: Councilman Fore, (1). 23.' Councilman La Croix moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. Now Series An Ordinance Amending the Alameda Municipal Code by Amending Subdivision (143) of Section 17-L32 Thereof Relating to Stop Intersections." (Maitland Drive and County Road) The motion to introduce said ordinance was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. NOOS: None. Absent: Councilman Fore, (1). 24. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $39,568.72, 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 as itemized in the List of Claims filed with the City Clerk on April 1, 1969, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1). ORAL COMMUNICATIONS, GENERAL: 25.V Mrs. June R. Orr, 1715 Encinal Avenue, inquired if she had understood correctly from the discussion that the plan regarding Bay Farm Island was presented and discussed at a meeting held prior to the 7:30 public meeting this evening. She was informed her understanding was incorrect, that the plan which was mentioned earlier was one presented quite sometime ago by Mr. Donald R. Hawley at a public hearing regarding Bay Farm Island development. Yrs. Orr then asked when the plans on Tract No. 3106 had reached the members of the Council. The reply was that these had been handed to the Council at the pre- session at 7:15 o'clock p.m. It was stated this Tract was a subdivision similar to the Casitas Alameda. 26.v/Mrs. Ina Ratto, 1053 Island Drive, stated she did not consider the two and one- half acres of swimming pools and cement provided by Braddock & Logan in Tract No. 3106 good recreation area. The restrictions would be quite rigid and she felt children living in the subdivision would go out into the public park areas and partake of those facitities. Mrs. Ratto also commented that, while the population figures quoted by Mr. Hughes reflected the present, she felt these would increase considerably in the future. President McCall urged Yrs. Ratto to keep in touch with this problem, which had been referred to the Recreation Commission for study. FILING: 27. Specifications No. PW -69-6 - Resurfacing and Minor Repairs of Various Streets. 28. Agreement - Between Thomas R. Lyons and City of Alameda - re Parcel Map No. 425. 29. Lease - Between City and Christian Churches (Disciples of Christ) of Northern California-Nevada - re Webb Avenue Fire Station. 30. Specifications No. PW 4-69-7 - Replacement of Chain Link Fence at Washington Park. 31. Specifications No. MS )4-69-2 - Five Sedans for Police Department. 32. At this time, President McCall called up the audience for a moment of silence in observance of the passing of Dwight D. Eisenhower, former Presidant of the United States and Retired General of the Army. ADJOURNMENT: 33/ There being no further business to come before the meeting, the Council adjourned in respect to the memory or DWIGHT D. EISENHOWER - to assemble in adjourned regular session Tuesday evening. April 8, 1969, at 7:30 o'clock. Respectfully submitted, City Clerk