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1969-12-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING DECEMBER 2, 1969 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of. Allegiance was led by Councilman Levy and was followed by an inspiring Invocation delivered by The Reverend Milton L. Gire, Pastor of the First Baptist Church. ROLL CALL: The roll was called and Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr.,(5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held November 18, 1969, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. ✓ From Alameda Unified School District, signed by Dr. Donald M. Roderick, Secretary of the Board of Education, informing the City Council of the Board's opposition to taking a portion of the Washington School playgrounds for the purpose of widening Eighth Street. President LaCroix recalled the Council had requested at its last meeting that a study be made on the subject of routes from South Shore to the Posey Tubes by the Planning Department. He said Councilmen Fore and McCall had been requested to serve as a committee to discuss the issue with representatives of the School Board after the study had been made and the Council had had the opportunity to peruse the reports of the Planning and Engineering Departments. 3./ From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrant No. 166 in the amount of $50,000 to replenish the revolving fund. The matter was referred to "Resolutions ". 4.' From Alameda Education Association, signed by Mr. Robert E. Berges, First Vice - President, setting forth its position on land development for the newly filled areas of Bay Farm Island. President La Croix pointed out a committee representing the City was meeting with representatives of the Alameda Unified School District on this subject, and discussions would continue until proper agreement had been reached as to the needs in the area involved. President La Croix commented there were statements in the letter needing clarification which would no doubt come out after discussion. The letter was ordered filed. ORAL COMMUNICATIONS, AGENDA: 5./ Mr. Robert E. Berges, 974 Post Street, writer of the letter from the Alameda Education Association, requested the opportunity to discuss the subject. He said the Association represented five hundred teachers and administrators who felt that provision should be made for education in the plans to be developed for the filled areas of Bay Farm Island, and if greater density should be allowed than recom- mended by the Planning Board there should be provision made for more land in acceptable locations. President La Croix stated the Board of Education and Unified School District were making a study on the subject at the request of the Council, and a report was to be submitted on the results thereof. Mr. Berges was assured the Council would do its utmost to obtain what was needed for these purposes in the Bay Farm Island development. 6./ Mr. Frank Gottstein, 731 Haight Avenue, criticized the effort of the Board of Education to "throw cold water" on the chance for working people to get better transportation facilities to Oakland by widening Eighth Street. President La Croix said he felt when the Council had received the requested report on this matter from the Planning Department, it would be able to discuss the problem openly and intelligently and meet with representatives of the School District for discussion thereon. Mr. Gottstein was assured he would have the opportunity to talk on the proposal at that time. 7. Mr. Ronald Christensen, 2394 Webster Street, requested the opportunity to speak on the items under "Reports and Recommendations" with regard to the proposed ordinance on Floating Homes and Moorages Regulations. HEARINGS: 8./ In the Matter of an Appeal from the decision of the Planning Board to deny a variance to waive the parking requirement for one dwelling unit on a one - family dwelling converted to a two - family dwelling at 1431 Sherman Street. The Appeal had been filed by Mr. Alvin W. Frink, owner of the property. The City Clerk stated the party involved had been informed that this would be the time and place for Hearing in this matter. The minutes of the Planning Board meetings at which the application was considered had been sent to the Councilmen. City Attorney Cunningham explained the issue before the Council was whether or not the actions and findings of the Planning Board, taken under Sections 11- 161(b) and (e) of the Alameda Municipal Code, should be affirmed, modified or reversed. Mr. Donald F. Johnson, Planning Director, explained the issue, as set forth in his memorandum dated November 24, 1969. The conversion of the high basement single - family dwelling into a two - family or duplex type unit had been practically completed, with the basement area as the second dwelling unit. The work had been done without obtaining a Building Permit. On investigation, it had been found that in addition to there being no Permit, there was no provision for the second car for the second family to use. Mr. Frink had therefore sought relief under standard variance procedure and filed with the Planning Board to waive the requirement for the second off- street parking space. The Board had had the matter held over in an attempt to assist the applicant in determining if there was not some possibility of solving the parking dilemma, either putting it in the front yard or on some other location on the property. Mr. Frink had returned with the statement that there were no alterna- tives and he would rather the Board would consider simply waiving the requirement, as applied for. The considerable expense incurred was recognized by the Board but it felt any hardship was purely self - created. If Mr. Frink had applied for a Building Permit before commencing the work, he would have been advised the second off- street parking space was necessary. President La Croix asked Mr. Johnson if the garage was a tandem -type which could be utilized for the second parking space. Mr. Johnson said the area which might be so used had been put into living space for the downstairs unit. Councilman Fore said he had understood in talking to Mr. Frink that he would like to widen the driveway, move the shrubbery and then park the second car in the yard. Mr. Johnson said Mr. Fred Jager, Inspector, had inspected the property and agreed the curb cut could be widened to twelve feet to enable Mr. Frink to cut diagonally across the lawn and park on the other side from the present driveway. It was deter- mined this would be rather difficult and this type of off- street space could not be accommodated without further variance. Furthermore, there were utility installations in the way, which would have to'be barricaded and would reduce the width of parking space. Mr. Frink had elected not to apply for this solution and the procedure was not recommended. There was discussion with regard to the status of the dwelling in view of the fact that no Building Permit had been obtained. Mr. James R. Brummer, Chief Building Inspector, came forward and explained the illegal construction had come to the attention of the Building Department by an anonymous report. In the attempt to resolve the matter, it was noticed that there was a violation of the parking requirements. He said he understood it was physically possible to bring the building up to Code standards but it would be impossible for his Department to do anything knowing there was a parking requirement violation. With the difficulty of obtaining this additional parking space, he understood the applicant was requested to review the problem with the Planning Department to see if it could be resolved before the Building Department issued a Permit. If the problem could not be resolved, Mr. Frink would be required to remove any facilities which would make possible the use of the second unit as a family dwelling. On the call for proponents, Mr. Alvin W. Frink came forward. He offered to answer any questions on the subject under discussion. Mr. Frink said he had been under the impression that no Building Permit was required on remodeling. He said the unit had been used as a second family dwelling before he purchased the property. However, it was poorly built and he had reconstructed it so that it was what he considered a better than average cheaper two - bedroom rental unit. He had purchased the property three years ago as a single- family dwell- ing. The majority of the downstairs apartment was over eight feet in height. There was some discussion with regard to the possibility of parking a vehicle in the front yard area available. Councilman McCall called attention to statements in the minutes of the Planning Board meeting that Mr. Frink owned adjacent property and was negotiating to purchase additional, that there was a possibility in three to five years the buildings would be demolished and an apartment house would be constructed on the properties. Mr. Frink said this was true, he owned the property at 1429 Sherman Street and was dealing with the owner to purchase the property at 1427 Sherman. He said he could be in a financial position at some time in the future to have the three buildings razed and have a ten -unit building projected. Coulcilman McCall said if he was assured this would be done he could go along with the variance, although he did not favor the building as proposed. Councilman Longaker said he disliked to see the work Mr. Frink had put into his dwelling lost completely. Mr. Brummer said he was not familiar with what violations might exist in the building on the work which had been done. He said the Building Department disliked to see a man's work wasted also but it was interested in seeing that the minimum Code was enforced. On the call for opponents, there was no response. The Hearing was declared closed. Councilman Fore moved the Planning Board's ruling be upheld and when Mr. Frink had had the building inspected and it had passed the requirements of the Municipal Code, and he was willing to fix up his . yard, he should have the right to come back to the Planning Board. The motion died for lack of a second. There was discussion as to the best procedure to resolve the problem. Councilman Longaker inquired if it would be possible for the Council to withhold any decision on this matter and for Mr. Frink and Mr. Brummer to get together and discuss the problem, and determine whether there was any possible way to resolve it. This was agreeable and Councilman Longaker moved the matter be continued and Mr. Brummer work with Mr. Frink to see if there was any possible way to work out the problem, with a report to be submitted back to the Council. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 9.r From the City Manager, recommending contract be awarded to Nat Lena Construction Co., low bidder, for the project of Culvert Construction at Jackson and Court Streets, at a price of $11,144.17. Councilman Fore moved the recommendation be approved, that the contract be awarded to the specified company for the designated project at the price quoted. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 10.v From the City Manager, advising that an election had been held by the Police Department members and retired Police Sergeant George Rasmussen had been elected as the Department's representative on the Pension Board for the term expiring December 31, 1972. The matter was referred to "Resolutions ". 11.f From the City Manager, recommending an increase in Project No. 12 of the Capital Outlay Program from $6,000 to $10,000 be authorized for proposed improvements in the southeast quadrant of Rittler Park. Councilman Levy moved the recommendation be accepted, and said Project No. 12 of the Capital Outlay Program be increased from $6,000 to $10,000 for the proposed improvements at Rittler Park. Councilman Fore seconded the motion. Speaking on the question, Councilman McCall pointed out the original plan of the area involved did not include the track which was shown on the drawing submitted to the Council. He inquired as to what use was made of the facility. Mr. Weller stated this was a matter involving the School District, and the track had been constructed at District expense. He said there had been substantial changes in the original layout for the area and the track was one. It was not involved in the matter before the Council. Councilman Longaker stated students of Alameda High School were transported by bus to use the facility, which was not a full -size track. Councilman McCall said he would like to know the cost of the track. Mr. Weller was requested to obtain this figure. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12.v From the Public Utilities Board, signed by Mr. L. F. Randall, Secretary, submitting the Bureau of Electricity's Annual Ten -Year Financial and Statistical Forecast. Councilman McCall commented on the success of the Bureau operation and the annual dividend transferred to the City's General Fund over and above operating expenses and a reserve it holds. He moved the report be accepted. Councilman Fore seconded the motion. President La Croix complimented the administration of the Bureau of Electricity and the City Manager, who is an ex- officio member of the Public Utilities Board, for the excellent job done over the years. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13/ From the City Attorney, submitting the proposed ordinance relating to Floating Homes and Moorages Regulations and recommending its favorable consideration. Mr. Ronald Christensen, who had requested the opportunity to address the Council on the proposed ordinance, came forward. He said he was speaking for the Aqua Homes Association, representing virtually all of the aqua residents in Alameda. Mr. Christensen stated the Association had been following the development of the ordinance. He pointed out its main purpose was to help the people in floating homes meet a Code, if one should come into being, realizing there would be regulations for no other reason than population pressures. Living on the water, the members were more interested than anyone else in having it safe and sanitary. The Association's purpose also was to make it possible for members to know what would be expected and to comply. It was stated that at the present time there would not be any of these homes which would comply with the law, because of the lack of sewage connections. Everyone realized that some work would have to be done and they were willing to do it. President La Croix thanked Mr. Christensen for his cooperation in this respect. The matter was referred to "Introduction of Ordinances ". 14.E From the City Manager, recommending contract be awarded to Melrose Motors, Inc., low bidder, for furnishing two Station Wagons for the Fire Department, at a net cost of $5,127.20. Councilman Longaker moved the recommendation be accepted, that the contract be awarded to the designated firm for furnishing the vehicles specified at the price quoted. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 16.' President La Croix called attention to an article in the Alameda Times -Star on the subject of saving the old homes in the City. He stated the City had plans underway whereby it might be possible to acquire some of the older homes in the future and to establish them as a part of the City's memorabilia. He recalled the suggestion received at an earlier meeting that this be done. The request had been sent to the Alameda Chamber of Commerce that it pursue the possibility of retaining some of these older properties and the City would work closely with the Chamber on the project. The article had mentioned a particular property at the corner of Bay Street and San Antonio Avenue, with the suggestion that it be held for a cultural center. President La Croix said he had discussed the proposal with some of the residents of the neighborhood and questions had been raised as to parking problems in the residential area. RESOLUTIONS: The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7569 Appointing Member of the Pension Board." (George F. Rasmussen) 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. 18..- The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7570 Adopting Specifications, Special Provisions and Plans for Drainage and Paving at the Central Equipment Garage, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 19. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7571 Approving Warrant No. 166 of Board of Trustees of Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: President La Croix, (1). Absent: None. 20,e' The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7572 Resolution of the Council of the City of Alameda in Memoriam to Robert A. Worden. "IN A SPIRIT OF SADNESS, the Council of the City of Alameda records the death of one of its former loyal employees and civic - minded citizens, ROBERT A. WORDEN. "WHEREAS, Mr. Worden had been employed by the City in August, 1941, as a Street Inspector and, through diligent and conscientious performance of his duties, had won promotion in January of 1942 to the position of Assistant Building Inspector and then, on January 16, 1951, to that of Assistant Director of Civil Defense and Disaster, in which capacity he was serving at the time of his retirement from City employ on October 31, 1955; and "WHEREAS, Mr. Worden's interest in the functions of the City of Alameda Civil Defense and Disaster Council won for him an appointment as a member thereof on December 20,, 1955, from which post he resigned on July 4, 1964; and "WHEREAS, Mr. Worden had been a most friendly and obliging person toward his fellow employees and associates, well -liked for his amiable personality. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda hereby acknowledges with gratitude the dependable service given by this gentleman during the period of his employment and his unselfish contribution to the welfare of the City, and expresses its sense of personal loss in his passing. "BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Mr. Worden that it may convey to its members a sincere expression of sympathy in their bereavement. "BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of ROBERT A. WORDEN." The motion to adopt said resolution was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. President La Croix remarked that, previous to his employment with the City, Mr. Worden had been a Civil Engineer with the old San Francisco Bay Aerodrome, located where the Junior College was now being constructed. Mr. Worden had also edited the City Annual Report for many years. The President declared the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 21.x' Councilman Fore moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Chapter 8 to Title X Thereof, Relating to the Construction, Regulation and Maintenance of Floating Homes and Floating Home Moorages Within the City." 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. ORDINANCES FOR PASSAGE: 22., "Ordinance No. 1609, New Series Amending the Alameda Municipal Code by Amending Sections 2 -532, 2 -535 and 2 -537 Thereof, Relating to Employees' Sick Leave Benefits." Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23.✓ "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (57) to Section 17 -333 Thereof Relating to All Time No Parking." (Willow Street, Encinal Avenue to Santa Clara Avenue) Protesters were invited to speak on the proposed ordinance at this time. The following spoke: Messrs. Joseph C. Eyring, 1631 Solano Avenue, Berkeley, owner of a four -unit townhouse at 1422 Willow Street, who said there would be a definite adverse effect on property values if parking was restricted, and asked that the Council consider one -way streets as an alternative; Fred Roschitsch, 1215 Willow Street, who complained it would cause a great hardship for the residents who did not have off - street parking to deprive them of permission to park in front of their homes, and suggested consideration be given to widen- ing the street; Frank Paula, 1524 Willow Street, who expressed the opinion that a more equitable solution would be to restrict Willow and Walnut Streets to one -way traffic; George Phillips, 2068 Central Avenue, who suggested traffic be restricted to one way; Henry Bissett, 2101 Alameda Avenue, Gordon Douglas, 1314 Willow Street, Ora Arnold, 2101 Encinal Avenue, who all suggested one -way traffic be instituted to eliminate the congestion. Mrs. Bertha M. Custer, owner of the Autumn Rest Home, 2071 San Antonio Avenue, suggested the street be widened and said she would be willing to give five feet of her property for this purpose. City Manager Weller pointed out that, with the new emergency facility at the Alameda Hospital, the number of ambulance runs in the future would be something in the range of twenty times what they had been in the past. Moreover, only a fraction of the runs to Alameda Hospital in the past had been in the nature of relatively high speed emergency type. What was being considered now was a very different kind of emergency situation. Mr. Weller said with regard to the suggestion that consideration be given to making Willow Street a one- way street, no matter which direction it would be made one -way, it might ease the problem of residents on that street but it would then leave traffic either to or from South Shore with the alternatives of Park or Grand Street. He suggested a great many more people would be inconvenienced by that type of traffic pattern. He felt this suggestion was not valid in terms of the total public need. City Engineer Hanna was requested to comment on the possibility of restricting traffic to one way on Willow Street north of Clinton Avenue. Mr. Hanna stated the proposal to restrict parking on Willow Street had originated with the Police Department, which had operated the ambulance in the past. He expressed the opinion that more emergency vehicles than the ambulance would be involved, such as private cars, fire resuscitation equipment and police cars, which occasionally pick up people needing immediate attention and take them to the emergency facility. Mr. Hanna said there had been thought given to more than just the emergency nature of the street and that was the actual friction of ordinary two -way traffic. Drivers passing other vehicles on a narrow street, he said, had tendency to slow down considerably when passing oncoming cars and there was friction when a parked car was also involved. There were two reasons for the attempt to make more freedom for automobiles - one, the emergency nature of the Hospital which was just beginning and, two, other automotive traffic. Mr. Hanna said traffic was increasing and, with parking prohibited, there would be even more cars using Willow Street because there were some people who hesitated to use the street as it had been in the past because of the friction involved. Mr. Hanna remarked that the Engineering Department had made a report some years ago on one -way streets as to why it would not work. Normally, such a study would start from the premise of Traffic Engineers that for one -way streets to work out there must be a couplet - one street in one direction and one in the other direction not too far away. The distance from Chestnut to Willow and from Willow to Walnut Street is 940 feet. Mr. Hanna said it had been concluded after study that it was just not feasible to have one -way streets so far apart. Mr. Hanna said he had noticed in the area where parking had been precluded the street was much cleaner, much nicer to drive and he felt the properties looked better. He agreed adjustments might be necessary, but in the total appearance and use of Willow Street south of Encinal Avenue, he felt it was considerably better than formerly. He said his Department had had no complaints from the area of any significance, since the prohibition of parking south of Encinal Avenue was instituted. On a question with regard to the possible widening of Willow Street, Mr. Hanna stated the street was forty feet wide between property lines and twenty -four feet between curbs, so that there would not be a great deal of sidewalk area to reduce. The costs and difficulty of acquiring land for the purpose also was discussed. Mr. George Phillips asked to be heard and expressed the opinion if the proposal was to make the street a thoroughfare, it should be widened, as in years to come the houses would be torn down and apartments would be built and more problems would be created. President La Croix inquired if there would be any advantage to pursuing a one -way program as a trial on Willow Street to Clinton Avenue only, to see how it would work out before taking action to prohibit parking, finding out how the public would react and how favorably it would show up as an ingress to the Hospital in emergency situations. Mr. Hanna stated he had not given such a possibility sufficient consideration to make a statement on it. Councilman McCall commented that he had been a proponent for many years of having one -way streets in the City. He suggested that it might be advisable to request emergency vehicles to stay off Willow Street altogether and use the main thoroughfares. President La Croix suggested in deference to the people involved in the problem, the matter should be investigated further to see just what facts might be available and what the problems would be if the decision was to make Willow a one -way street, with a report to the Council, and that action be deferred pending receipt of such a report. Councilman Levy moved that action be deferred on the ordinance pending further study of the entire problem, with a report back to the Council at the earliest possible date. Councilman Fore seconded the motion. Speaking on the question, Councilman McCall again expressed his disapproval of designating Willow Street as an emergency street. He felt people should be discouraged from using it and, instead, be encouraged to use the main arteries to the Hospital, also that the City should have the right to request that the ambulance company, with which the City had a contract, comply with City regulations in this respect and, if necessary, to instruct it not to use Willow Street except in cases of extreme emergency. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. BILLS: 24. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $72,850.26, 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 December 2, 1969, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 25. Mr. Watson L. Butcher, 1408 Ninth Street, member of the Planning Board but speaking as a private citizen, requested that the Council consider the construction of a street from the end of Webster Street to Shore Line Drive where Westline and Otis Drives intersect. He suggested the street be constructed in a tunnel and the land be filled directly over the top, making a level area from Washington Park to a sloping beach park. Mr. Butcher suggested the highland property near Nelson's Apartments could be made into a cultural center. He felt this route would alleviate some of the West End traffic problems. It was suggested that Mr. Butcher secure a copy of the City Engineer's report dated June 26, 1969, on the subject of routes between the South Shore and the Posey Tubes. 26. Mr. Gottstein complained that at two bus stops on Webster Street, one near the Tube and one where Bainbridge Street was formerly located, the street was higher than the curb so that people were forced to stand in mud to get on the bus. He pleaded again that Webster Street should be raised. 27.7 Mrs. Evelyn Beasley, 1106 Verdemar Drive, urged that something be done to correct the off - street parking situation, and that the General Plan be implemented. Mrs. Beasley also complimented Long's on its new store with adequate parking facilities. 28. Mr. Phillips, 2068 Central Avenue, suggested with the Southern Crossing issue still not settled it might be advisable to hold off on any plan such as put forth by Mr. Butcher for a route from Webster Street to Shore Line Drive. Mr. Phillips was, informed that the City Engineer was in constant touch with the State Division of Bay Toll Crossings with regard to plans for the Southern Crossing and had know- ledge as to what was being programmed. FILING: 29. Specifications No. PW 12-69-20 - Drainage and Paving at Central Equipment Garage. 30. President La Croix requested that all stand in a moment of silence in observance of the passing of Mr. Robert A. Worden. ADJOURNMENT: 31. There being no further business to come before the meeting, the Council adjourned in respect to the memory of ROBERT A. WORDEN, to assemble in regular session on Tuesday evening, December 16, 1969, at 7:30 o'clock. Respectfully submitted, c>C71 City Clerk