Loading...
1967-12-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING DECEMBER 19, 1967 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Alle- giance was led by Councilman Levy and was followed by an inspiring Invocation delivered by The Reverend Mr. Bernard E. Mott, Assistant Pastor of the First Methodist 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 December 5, 1967, were approved as transcribed. ) WRITTEN COMMUNICATIONS: 2. From State Department of Public Health, signed by Lester Breslow, M. D., Director of Public Health, redeclaring Alameda County a rabies area - and requesting completion of the "Statement of Enforcement" to be sent to the County Health Officer. The City Clerk was instructed to take care of the questionnaire by motion of Councilman La Croix, seconded by Councilman Bartley, and carried. 3. / From thirty-eight families in the 3200-block of Thompson Avenue, delivered by Mr. Jack Lubbock - extending Christmas Greetings in appreciation of its lighted Christmas Tree Lane. The card was noted with thanks. 4. From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrants Nos. 135 and 136, in the respective amounts of S432,794.66 and $50,000., for certain dredging work and to replenish its Revolving Fund. The matter was referred to "Resolutions". 5.Y. From International City Managers' Association, signed by Mr. Mark E. Keane, Executive Director, expressing appreciation for the Councills cooperation - and commending Mr. H. D. Weller for his out- standing job during his term as Vice President of this organization. The President commented the Council was pleased to have Mr. Weller participate on behalf of the City. HEARINGS: v7 6. The matter was called up concerning the requested reclassification of certain property at the north end of Webster Street, on the Estuary - from the "R-5", General Apartment District to the "M-2", General Industrial District. The petition was filed by Mr. Robert E. Hannon. The Clerk stated there was on file the Affidavit of Publication of the Notice setting this time and place for the Public Hearing in this matter. Also, copies of the minutes of the meeting of the Plan- ning Board at which this subject was considered had been sent to the Councilmen for their information. Mr. Cunningham stated the legal issue before the Council was whether the findings and recommendations of the Planning Board in its Advisory Report, based on Section 11-175 of the Alameda Municipal Code, should be approved, modified or disapproved. Upon request, Mr. Johnson, Planning Director, reviewed the history of this case. He remarked that the "M-2" zoning had been recommended by the Staff merely to be consistent with the surrounding zone - even though the proposed use was to be commercial in the operation of two restaurants. Mr. Johnson also stated he had discussed this request with two members of the firm of Daniel, Mann, Johnson and Mendenhall, Planning Consultants presently surveying the City. While there were many "unknowns", generally it was believed this type of Improvement might well serve as a catalyst or a re-generator of new and substantial land uses in this particular section of the community. In overview and sum- mation, "DMJM" felt there was more to be gained from this specific type of use than lost. The reserva- tion against this proposal was that Alameda already had too much "commercial dispersion" - there were too many pockets of isolated commercial zoning in use Councilman Bartley expressed his objections to the requested "11-2" zone on the grounds that all agencies agreed it was not the proper zone for this area. He said he believed it should be reclassi- fied to "C-2 PD", which would give the City more control over such developments. Upon the call for proponents, Mr. Robert E. Hannon, who had just arrived late, addressed the Council in explanation of his plans. He pointed out he had originally had the property rezoned for multiple apartments but this could not be financed. Therefore, he planned to construct two restaurants, per- ) mission for which was a condition for his sale of a portion of the property involved. A lengthy discussion ensued with regard to the proper interpretation of the restrictiveness of the "PD" terminology to the basic classification. The City Attorney clarified the regulations and stated that, probably, the "C-2 PD" would be a greater change than "M-2" would be. Mr. Hannon emphasized the hardship which delayed action would cause in his plans for the sale of part of his property. Finally, Councilman Bartley stated that, in view of the circumstances of a sale pending rezoning action, he would go along with the request. He, therefore, moved the Council approve the recommenda- tion of the Planning Board and the property in question be rezoned as requested. Councilman La Croix seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances". There being no objections, the Order of Business was revised and the meeting continued under "Intro- duction of Ordinances". INTRODUCTION OF ORDINANCES: 7. Councilman Fore moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter. The motion was seconded by Councilman Bartley and carried on a roll call vote, as follows: Ayes: Five. Noes: None. Absent: None. "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Hannon) The meeting was then referred back to the usual Order of Business. HEARINGS: 8. The matter was next called up with regard to an Appeal filed by Graves & Gifford, Attorneys, on behalf of Mr. Jean Hoffman, from the decision of the Planning Board to deny his application for a variance. Said ruling would prohibit a non-conforming fifth dwelling unit to be legally established at 1521 Alameda Avenue. The Clerk stated the interested parties had been notified that the Hearing on this matter would be held at this time and place. Copies of the minutes of the meeting of the Planning Board at which this subject was considered had been sent to the Councilmen for their information. Mr. Cunningham stated the issue before the Council was whether or not the action of the Planning Board, under Section 11-161 (d)(e) of the Alameda Municipal Code should be affirmed, modified or reversed. The City Attorney also read in full the provisions of the Code relating to this type of case. Planning Director Johnson then referred to his memorandum dated December 18, 1967, copies of which had been sent to the Councilmen, setting forth the background and pertinent facts involved. Upon the call for proponents, Mr. Roland Mallory, one of the Attorneys of the aforementioned firm, addressed the Council and submitted his arguments in favor of Mr. Hoffman's position that this "fifth dwelling unit" had long been in use - prior to his having bought the property in June, 1966. He con- tended there was evidence that the plumbing, heating, and wiring had been installed probably twenty years ago. He al so pointed out the principal item given consideration by the Planning Board was the fact that the parcel contained only five thousand one hundred square feet. He emphasized that this development did not give the appearance of being crowded on a small lot. Mr. Mallory further explained the financing involved in the transfer of this property and Mr. Hoffman's purchase at a foreclosure sale to protect his interest. He reiterated that Mr. Hoffman had no knowledge at the time of his purchase that this was not a legal five-unit apartment house. The President then called for any opponents to the question - and there was no response. The Hearing was then declared closed. There was a lengthy discussion of the several ramifications of this case. It was felt that perhaps Mr. Hoffman had been the victim of an "oversight" in that this fifth living unit had been occupied for many years. Councilman La Crdix moved the Council reverse the ruling of the Planning Board and grant the Appeal, subject to the condition that the fifth unit under consideration comply with Code requirements of the City of Alameda - electrical, plumbing, heating and venting, etcetera. Councilman Levy seconded the motion. Speaking on the question, Councilman Bartley stated he could not support the motion. He said he knew there were many "bootleg" units in the City - very likely the same age as this building. He pointed up the fact that it opened up the possibility for people to bootleg such units in nowadays. Then, at some future date, this sane decision would have to be made by another City Council. Mr. Hoffman, through his Attorney, Mr. Mallory, made the commitment that he would permit any inspections necessary to ascertain that the fifth apartment had, in fact, been brought up to the requirements of all pertinent Codes. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen La Croix, Levy and President McCall, (3). Noes: Councilman Bartley, (1). Abstaining: Councilman Fore, (1). Absent: None. REPORTS AND RECOMMENDATIONS: 9Y From the Mayor, City Manager and City Auditor, reporting on their Count of Money held November 15, 1967, at which time there was the sum of 6,734,389.20 in the City Treasury. The report was noted and ordered filed. 10. From City Manager, recommending contract be awarded to 0. C. Jones and Sons, low bidder, for the project of Constructing a Culvert on Oak Street at Times Way, at the total cost of 55,503.80. Councilman La Croix moved the recommendation be approved; that contract be awarded to the designated firm for the specified project at the price quoted. The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 11. From City Manager, recommending contract be awarded to H. V. Carter Company, Inc., low bidder, for furnishing one seventy -six -inch Mower for the Park Department, at the total cost of 51,427.16. Councilman La Croix moved the recommendation be adopted; that contract be awarded to the indicated Company for supplying the specified equipment at the total price quoted. Councilman Fore seconded the motion which carried on the following vote. Ayes: Five. Noes: None. Absent: None. NEW BUSINESS: 121 President McCall referred to a telegram which had been sent to the Governor and the Toll Bridge Authority by Vice Mayor La Croix for a meeting which had been held in Sacramento this date. Councilman La Croix stated he had sent the telegram merely to submit the position of many citizens who had contacted him who were opposed to the terminus of the Southern Crossing coming into the City of Alameda. He said he believed he had the obligation to represent the thinking of these people - and read the telegram in full - which concluded by urging "continued consideration be given to South- ern Crossing farther south to proposed Hayward -San Leandro Terminus." President McCall stated he had called the Governor1s Office and had informed the proper official that the resolution recently adopted by the Alameda City Council still represented the position of the majority of the Council that it was in support of the plans of the "Authority" for an Alameda terminus. It was agreed Councilman La Croix had the prerogative to represent the thinking of certain citizens on this question - but it was felt the other Councilmen should have been informed of his intention to send the telegram. President McCall expressed his opinion on the subject and moved that a letter be sent to Governor Reagan referring to the Council's position of support for the westerly terminus of the Southern Cross- ing to be in the City of Alameda (as had been set forth in Resolution No. 7234). Councilman Fore seconded the motion which carried on the following vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 13.1 "Resolution No. Designating Certain Area Within City as 'Mark Twain Covet." Following some discussion - and after clarification by Mr. Robert E. Hannon, owner of the parcel in question, and with the opinion of the City Attorney - it was determined this matter would be referred to the Planning Board for its consideration and recommendation. 14. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7259 Authorizing Execution of Agreement with County of Alameda Providing for Assumption by County of District Attorney Department Function." 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. 15. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7260 Amending Salary and Position Resolution of July 1, 1967, Numbered 7164, by Creating One (1) New Position of Assistant Planner and Establishing the Salary Therefor and by Deleting One (1) Position of Planning Technician." 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. 16. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7261 Authorizing City Manager and Assistant City Manager to Execute Federal Civil Defense Act Documents." 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. 17. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7262 Resolution Authorizing Sale of Bonds - Assessment District No. 67-1, City of Alameda, County of Alameda, State of 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. 18. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7263 Approving Warrants Nos. 135 and 136 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. 19. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7264 Resolution of the Council of the City of Alameda in Memoriam to Bernard E. Jost, City Auditor, Retired "WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its former, and most faithful officials, BERNARD E. JOST, Auditor and ex-officio Assessor, of the City of Alameda, Retired, who had resigned from said office on April 16, 1960. Mr. Jost had been a life-long resident of the City of Alameda and had for many years actively participated in the programs of several fraternal and civic organizations. "WHEREAS, Mr. Jost had been appointed Deputy Assessor by Mr. Fred J. Croll, on March 15, 1918, and had thus commenced a record-period of City Service and had eventually been appointed City Auditor by the City Council on November 15, 1949, to fill the unexpired term of Mr. Croll; and "WHEREAS, Mr. Jost had first been a candidate for the office of City Auditor and had been elected to this post on March 13, 1951, - and had subsequently been re-elected to this important office in the General Municipal Elections held in March of 1953, and 1957; and "WHEREAS, Mr. Jost had been ever mindful of the importance of impartial judgments in carrying out the duties of his office and had been aware of the necessity of equitable revenue to be derived on behalf of the City; and mWEEREAS, Mr. Jost had been most proficient in the conduct of his office and the mainten- ance of excellent public relations. "Benny", as he was affectionately known, had been of a warmhearted and generous nature whose friends were legion. He was indeed beloved by all his fellow employees, officials and the citizens of the community. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda, in genuine ack- nowledgement of his integrity, his expert knowledge and long experience in the field of assess- ment practices to the mutual benefit of the citizens and the City, does hereby express its great respect and gratitude for the forty-two years of noteworthy service rendered by Mr. Jost. 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. Jost that it might convey to its members sincere 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 BERNARD (BEN) E.JOST, whose passing has deeply saddened his many friends." 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 President then declared the foregoing Resolutions adopted, as indicated. ORDINANCES FOR PASSAGE: 20. "Ordinance No. 1562, New Series An Ordinance Amending Section 17-431 of the Alameda Municipal Code by Adding Thereto Subdivision (22) Relating to Through Highways." (Clement Avenue) Councilman Bartley 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. BILLS: 21. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of S55,999.99, 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 December 19, 1967, and presented to the City Council at this meeting, 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. ORAL COMMUNICATIONS, GENERAL: 22. President McCall spoke of the absence of Mr. Gottstein due to his recent surgery. Councilman La Croix reported Mr. Gottstein was home and improving steadily. 23. The President then announced the transfer of Mr. Lynn MacNeill, Manager of the Alameda Office of The Pacific Telephone and Telegraph Company, to be Employment Manager for all of San Francisco. His replacement will be Mr. George F. McCulley, who was introduced and welcomed. FILING: 24. Agreement between City of Alameda and County of Alameda - Re Alameda Branch of District Attorney1s Office. 25. At this point, President McCall extended best wishes from the Alameda City Council to all citi- zens for a very Happy Holiday Season. ADJO T: 26. The President called up the audience for a moment of silence in observance of the passing of Mr. Jost. There being no further business to come before the meeting, the Council adjourned in respect to the memory of BERNARD E. JOST - to assemble in regular session on Tuesday evening, January 2, 1968, at 7:30 otclock. Respectfully submitted, erk