Loading...
1967-07-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING JULY 18, 1967 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Alle- giance was led by Councilman La Croix and was followed by an inspiring Invocation delivered by The Reverend Mr. Harold Petroelje, Pastor of First Christian Reformed Church. ROLL CALL: The roll was called and Councilmen Bartley, Fore, La Croix, Jr., Levy and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held July 5, 1967, were approved as transcribed. WRITTEN COMMUNICATIONS: 2: From Davis, Craig & Bartalini, Attorneys for Pan-Pacific Development Company, signed by Mr. James B. Davis, requesting the City Council to grant its consent to the Assignment of License Agree- ment covering the transfer of interest of Bernhard and Associates to said "Pan-Pacific". There being no objections, the order of business was revised and the meeting was referred to "Resolutions". RESOLUTIONS: 3. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7171 Consenting to Assignment of License Agreement Granted by Ordinance No. 1465, New Series. (Bernhard & Associates to Pan-Pacific Development Company)." The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Abstaining: Councilman La Croix, (1). Absent: None. The meeting reverted back and continued under the regular order of business. ORAL COMMUNICATIONS: 4! this time, President McCall noted the presence of Mr. William S. Godfrey, former Mayor of the City of Alameda, and called upon him. Mr. Godfrey introduced Miss Britt Soderstrom, the exchange student from Alamedars Sister City, Lidingo, Sweden. She was to be in Alameda two months and would stay with several Alameda families during this period. She was to visit our State Capital and arrangements had been made for her to be introduced to the State Assembly by The Honorable Robert W. Crown, Assemblyman, Fourteenth District, and to the State Senate by The Honorable Nicholas C. Petris, Senator, Eleventh District. Miss Soderstrom addressed the City Council and expressed her appreciation for the kindness of all. She said she thought she had seen more of California "than any of the natives". She then presented to the Mayor a beautiful book, "Sweden Today","from all your friends in my town, Lidingo, to all our friends here in Alameda". President McCall explained that this exchange of students between Lidingo, Sweden, and Alameda, was under the People-to-People program and no public funds had been expended. The necessary finances had been raised originally by Mr. Godfrey when he subsidized a Ballet. It was anticipated that other affairs would be planned to raise funds in the future to continue this worthwhile program. He then cited the following families with whom Miss Soderstrom was to live during her visit here: Commander and Mrs. R. H. Taber, Mrs. Elizabeth Slater, Mr. and Mrs. Jack Gallagher, Mr. and Mrs. Claude Grout and Mr. and Mrs. William S. Godfrey. The President also announced that all of these families, with Miss Soderstrom, would be present at the Council meeting of August 15, at which time proper recognition would be given them for their cooperation and participation in this program. 5. Mr. Frank A. Gottstein, 731 Haight Avenue, registered his complaint about the loud noise and bad language rising late at night from the City parking lot near Webster Street. He said it was most disturbing to the neighborhood and he had called the Police on several occasions - but by the time they arrived the offenders had quieted down or were gone. He suggested several methods by which these alleged drunken drivers and noisy people might be stopped. He thought a plainclothes Police Officer might be stationed in the parking lot to check out this matter and he urged the Council to take some definite action to alleviate this condition. Mr. Weller agreed there undoubtedly was a problem in this area and said he would discuss the situa- tion with Chief of Police Tulloh and they would endeavor to correct this nuisance. 61 Mr. C. M. Reyburn, 1166 Sherman Street, addressed the Council as the representative of a recently organized group of citizens which called itself, "Alamedans for a Better Community". He said that, in its early sessions, it had been decided that one of the pressing needs of the community was an elective Board of Education. It was suggested that the community at large would feel more directly involved in decisions about its schools were they made by people who had been directly chosen by the citizens. Mr. Reyburn stated they had great admiration for the individual members of the Board of Education and were appreciative of the time and effort they had expended in serving the people. He believed, never- theless, there should be a more direct relationship between the Board and all elements of the community. He felt this relationship could best be established through an elected Board and he urged the Council and all citizens in the City of Alameda to support this group in its pursuit in this respect. HEARINGS: 7. The matter was called up with regard to the requested reclassification of certain properties in the neighborhood of Haight Avenue, Fifth, Sixth and Linden Streets and Lincoln Avenue - from "R-2", Two-Family Residence District to "R-4", Neighborhood Apartment District. The petition was filed by Mr. Thomas W. Sullivan, owner of the lot known as 518 Haight Avenue. The Clerk stated there was on file the Affidavit of Publication of the Notice of Hearing. Also, copies of the minutes of the Planning Board meeting at which this matter was considered had been sent to the Councilmen for their information. It was pointed out the Board had recommended denial of the petition to reclassify said property. Upon request, the Planning Director reviewed the history of this case and the City Attorney stated the legal issue before the Council. Upon the call for proponents of the question, it was discovered that neither Mr. Sullivan nor his representative were in attendance. Therefore, it was agreed that Hearing in this matter would be continued to the Council meeting of August 1. The Clerk was to so inform Mr. Sullivan and to ascer- tain if he still desired the reclassification as requested. 8. The matter next called up was the requested reclassification of property known as 1151 Park Avenue - from "R-4", Neighborhood Apartment District to "R-5", General Apartment District. The petition was filed by Robert and Mary Clos. The Clerk stated she had on file the Affidavit of Publication of the Notice of Hearing. Also, copies of the minutes of the Planning Board meeting at which this matter was considered had been sent to the Councilmen for their information. The Clerk stated, too, that the Board had recommended denial of said petition. Upon request, Planning Director Johnson reviewed the history of this matter as contained in the Boards letter of June 28, 1967. City Attorney Cunningham stated the issue before the Council was whether or not the Council should sustain, modify or overrule the findings and recommendation of the Planning Board, based on the cited Code Section 11-175. Upon the call for proponents of the question, Mr. David Costa, Architect, 5359 College Avenue, Oakland, appeared on behalf of the petitioners. He pointed up the advantages possible under an "R-5" Zone in the construction of the proposed multiple dwelling. Seven units could be built instead of only five - and the structure could be four stories in height, which would give more open space for outdoor living. The President inquired if there were any opponents to this issue - and there was no response. He then declared the Hearing closed. Following questions and discussion by the Council, Councilman Bartley moved the action of the Planning Board be upheld and the requested reclassification be denied. The motion was seconded by Councilman La Croix. Speaking on the question, Councilman Levy pointed up that this parcel adjoined the "R-5" Zone. He said he had inspected the property and expressed his belief that the proposed apartment dwelling would be an improvement to the neighborhood. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen Bartley, Fore and La Croix, (3). Noes: Councilman Levy and President McCall, (2). Absent: None. 9. Next called up was the Appeal filed by Schmidt & Gravatt - from the decision of the Planning Board to deny the variance to allow a two-family unit on each of two lots having an area deficiency of 3.25 square feet per lot at 1718 St. Charles Street. The Planning Director was called upon to outline this matter and he explained the procedure which entailed the granting of the variance and also the subsequent approval of a Parcel Map for the division of this property. Mr. Johnson stated the Staff had supported the requested variance on the finding that the proposed construction was equitable and compatible in the neighborhood. Mr. Cunningham stated the issue before the Council was whether or not the Planning Boards action under Section 11-161 (b) and (e) of the Alameda Municipal Code should be affirmed, modified or reversed. Upon the call for proponents of the question, Mr. Grover Gravatt addressed the Council in favor of the requested variance to allow full utilization of this property. The President then called for any opponents to the matter - and there was no response. President McCall declared the Hearing closed and asked the pleasure of the Council. zad Councilman La Croix moved the ruling of the Planning Board be reversed and the Appeal be granted to allow the variance as set forth. Councilman Levy seconded the motion. Speaking on the question, Councilman Bartley raised a question about the proper interpretation of the Zoning Ordinance with regard to the square footage area of parcels when divided for construction of duplexes in the IR-2" District. Mr. Johnson explained the situation, pointing up that "specific exceptions" could be made under provision of the Subdivision Ordinance. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman Bartley, (1). Absent: None. There being no objections, the order of business was again revised and the meeting proceeded under "Resolutions" so that the Parcel Division Map in conjunction with this variance could be acted upon at this time. RESOLUTIONS: 10. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7172 Approving Parcel Map No. 285 for Division of Property at 1718 St. Charles Street, and Permitting Recording Thereof (Schmidt & Gravatt)." The motion to adopt said resolution was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Four. Noes: Councilman Bartley, (1). Absent: None. The meeting then reverted back and continued under the regular order of business. 11/. The matter was called up concerning an Appeal from the decision of the Planning Board to deny three variances pertaining to the proposed construction of six dwelling units at 467 Central Avenue. The Appellant was Mr. Melvin Kahn. Upon request, the Planning Director referred to his memorandum of July 14, 1967, reporting on this subject. He further reviewed the history of the case. Mr. Cunningham stated the issue before the Council was the same as that of the previous case. The President called for the proponents of the question and Mr. Robert S. Marder, Attorney, repre- sented the Appellant. Mr. Marder submitted detailed arguments in favor of permitting Mr. Kahn to carry out his plans for the erection of a six-unit apartment building. Mr. Kahn, himself, also spoke in his behalf and others in the neighborhood who supported Mr. Kahn were Messrs. J. E. Taylor, 463 Central Avenue; Fred Moyer, 470 Central Avenue; John J. Williamson, 512-B Central Avenue, and John Barni, Realtor, 2806 Bayview Drive. It was developed that this case was complicated by an alleged discrepancy in the depth of the lot in question. Mr. Kahn contended his deed covering the property indicated its depth to be one hundred ten feet - and emphasized that he had been paying taxes on said depth for many years. It was explained that the boundary difference was the result of the widening of Central Avenue many years ago on which there were no accurate records. Upon the call for opponents to the question, there was no response. The President declared the Hear- ing closed. There was dissatisfaction expressed with the proposed parking area for the new building and it was agreed by Mr. Marder on behalf of his client that some more desirable layout could be worked out. Councilman La Croix then moved the action of the Planning Board be overruled and the Appeal be granted - and that a better plan for more adequate parking be developed. Councilman Bartley seconded the motion which carried on the following vote. Ayes: Five. Noes: None. Absent: None. 12. At this time, President McCall introduced his older son, Jim, who was heartily acknowledged. REPORTS OF OFFICERS, BOARDS, ETCETERA: l3' City Manager, recommending contract be awarded to Nat Lena Construction Co., low bidder, for the project of Constructing a Traffic Island on Encinal Avenue at High Street, at the cost of 1,517.50. Councilman La Croix moved the recommendation be adopted; that contract be awarded to the designated Company for the specified project at the price quoted. The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 14. From City Planning Board, signed by the Secretary, recommending approval of Parcel Map No. 279, subject only to conditions contained in the City Engineerrs Report dated May 4, 1967. Said Map was filed by Mr. C. R. Nordfelt for Atlantic-Richfield Company, covering the property situated at the southeast corner of Park Street and Encinal Avenue. There being no objections, the order of business was once more revised and the meeting continued under qiesolutions". RESOLUTIONS: 15. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7173 Approving Parcel Map No. 279 for Division of Property at the Southeast Corner of Park Street and Encinal Avenue, and Permitting Recording Thereof Atlantic-Richfield Company)." The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The meeting then continued under the regular order of business. NEW BUSINESS: 16. Councilman Bartley broached the subject of "street lines" which had caused problems from time to time. Such a problem was referred to during the Hearing on the "Kahn Case". These complications were the result of the widening of certain streets in the City many years ago and no deeds or ease- ments to the City were recorded. Therefore, in many instances there remained discrepancies in the descriptions of the depths of some lots. He asked that the Council concur with him in requesting the City Manager to research this matter and present a plan by which the problem could be resolved in order that the property lines might be established correctly on the streets which had been widened. The consensus was that these lot lines should be cleared up. However, Mr. Weller cautioned against the City getting involved by intervening in this essentially individual and private matter. He agreed there was a problem in this respect but stated that even if the City were to authorize surveys, it would be difficult to know where to draw the line. Further, under no circumstances could the City guarantee that the boundaries so established were the proper ones. It was determined that the City Manager would investigate the situation and report to the Council concerning the steps which could be taken. RESOLUTIONS: 17: The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7174 Resolution Approving Boundary Map." (Assessment District No. 67-1 -- Street Improvements in Otis School Vicinity) The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 182/ The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7175 Resolution of Preliminary Determination to Undertake Special Assessment Proceedings for the Construction of Improvements in Assessment District No. 67-1, City of Alameda, Alameda County, California." The motion to adopt said resolution was seconded by Councilman La Croix and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7176 Resolution of Intention in the Matter of Construction of Improvements in Assessment District No. 67-1, City of Alameda, Alameda County, California." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 20. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7177 Approving Participation by Certain Local Housing Owners in the Federal Rent Supplement Program." The motion to adopt said resolution was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Councilman La Croix spoke of the Mayorts Committee on Low Cost Housing and stated there were three members of said Committee present at the meeting this evening. He commented that Mrs. Eleanor Tattersall had just left the Council Chamber but he introduced the other two members remaining - Messrs. Clarence Gilmore and H. K. (Pete) Palmer, Jr. He thanked them for their diligence in pursuing action on this Committee. 21. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7178 Authorizing Execution of Agreements for Lease and Maintenance of Radio Communications Equipment." 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. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 22. "Ordinance No. 1551, New Series An Ordinance Amending Section 7-358 of the Alameda Municipal Code Relating to Disposition of Abandoned and Unidentified Bicycles." Councilman Bartley moved the ordinance be passed as submitted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. FILING: 23. Boundary Map of Assessment District No. 67 -1 - Street Improvements in Otis School Vicinity. 24. Assignment of License Agreement - Transfer of Interest from Bernhard & Associates to Pan - Pacific Development Company. 25. Agreement - Between City and Watson Communication Engineering - Lease and Maintenance of Mobile Radio Equipment. 26. Auditor's Financial Statement - City of Alameda, as at June 30, 1967 - Verified by Hackleman, Larzelere & McKenna. BITJS: 27. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $42,023.64, 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 La Croix moved the bills as itemized in the List of Claims filed with the City Clerk on July 18, 1967, and submitted to the City Council at this time, be allowed and paid. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. Upon request of the President at this point, Councilman La Croix moved the Council retire to an Executive Session for discussion of prospective appointees for certain City Boards and Commis- sions. The motion was seconded by Councilman Bartley and carried unanimously. ADJOURNMENT: 29. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, August 1, 1967, at 7:30 o'clock. Respectfully submitt