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1964-08-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING AUGUST 4, 1964. The meeting convened at 7 :30 o'clock p.m. with Vice President McCall presiding. The Pledge of Allegiance was led by Councilman Rose and was followed by an inspiring Invocation delivered by The Reverend Mr. H. W. Van Delinder, Pastor of First Presbyterian Church. ROLL CALL: The roll was called and Councilmen Freeman, La Croix, Jr., Rose and Vice President McCall, (4), were noted present. Absent: President Godfrey, (1). MINUTES: 1. The minutes of the regular meeting held July 21, 1964, were approved as transcribed. WRITTEN COMMUNICATIONS: 2 From Mrs. Lillian Seidel, 1328 Park Street, in complaint about the bad condition of the Strand Theater building. The letter was to be acknowledged with the information that some action was to be taken on this building in the neer future. 3./ From Mr. Edward Lehi Torrey, 2 Mecartney Road, submitting an Application for Permit to Fill Property with approximately seven hundred fifteen cubic yards of material by dump truck. The Application was accompanied by an approved bond. Councilman Rose moved the Application be granted and a Permit to Fill Property be issued as requested. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 4? From Shore Line Properties, Inc., signed by Mr. D. J. Hawley, President, requesting that the public improvements, with the exception of the street trees, in Tract No. 2537, South Shore Unit IV, Bayview Estates - be accepted. Upon inquiry, City Engineer Hanna stated the designated improvements were completed to his satis- faction. Councilman La Croix then moved the public improvements, as indicated, be accepted - and the performance bond in the amount of $345,000. be reduced to the sum of $5,000. to guarantee the tree planting. The motion was seconded by Councilman Rose and on roll call carried by the follow- ing vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 5 From The Reverend Mr. Oliver Schenck, Director of Public Relations for Dr. George Popoff, requesting a Permit to hold a Gospel Tent Revival on property known as Bethlehem Steel Parking Lot, along Webster Street. Councilman Freeman moved a Permit be granted for this purpose, subject to inspection and clearance by the following City Departments: Police, Fire and Building. The motion was seconded by Council- man La Croix and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 6/ From The Alameda Woman's Civic Affairs Committee, signed by Mrs. William Van Landingham, Chairman, proposing that the Council give consideration to the need for a new Master Plan. Reference was made to the explanation of this matter by Planning Director Johnson at the special meeting of the Council held July 28. There being no objections, Vice President McCall asked the City Manager to inform said Committee about this subject. ORAL COMMUNICATIONS: 7. Mr. G. N. Pope, 1820 Bay Street, spoke of the "littered" gutters and inquired about the City's street- sweeping program - which was explained by the City Engineer. 8i Mr. Frank Gottstein, 731 Haight Avenue, complained about large trucks parking diagonally out into Webster Street traffic lanes when servicing certain stores. He felt loading zones should be provided to eliminate interference with traffic. HEARINGS: 9/ The matter was called up concerning the proposed amendment of certain sections of Ordinance No. 1277, New Series (Zoning Ordinance), to change the basic density and use provisions in the "R -2 ", "R -3 ", "R -4 ", "R -5" and "R -6" Districts. Also, to change the basic purpose of the zone "Garden Apartment" to "Restricted Apartment District" in the "R -3" District, without actually liberalizing the zone itself. The Clerk stated there was on file the Affidavit of Publication of the Notice of Hearing in this matter. Further, that copies of the minutes of the Planning Board meeting at which this subject had been considered had been sent to the Councilmen for their information. Upon request, Mr. Johnson, Planning Director, explained in detail the circumstances and provisions involved in the proposed changes in the several districts set forth and the reasons therefor. It was developed that the action was taken on the Board's Own Motion to accomplish what it felt would be a substantial improvement to said Ordinance. 2? Mr. Cunningham, City Attorney, then stated the legal 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 Alameda Municipal Code (Zoning Ordinance Section), should be approved, modified or disapproved. The Vice President inquired if there were any opponents to the question who desired to speak. Mrs. J. Benton Coffman, 2846 Santa Clara Avenue, stated she was not an opponent but merely wanted clari- fication of certain regulations involved as had been commented on by Mr. Johnson - who then explained them further to her. Mr. Pope, 1820 Bay Street, spoke at length in opposition to the proposed amendment to the "R -2" Dis- trict, principally. He claimed this was too restrictive. The Vice President, then called for the proponents in this matter - and there was no response. Following some discussion by the Councilmen, the Hearing was declared closed. Councilman Rose moved the recommendation of the Planning Board be approved and the amendments as designated be made. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). The matter was then referred to "Introduction of Ordinances ". 10. The matter was next called up with regard to the Abatement of a Nuisance created by two dilapi- dated buildings known as 1822 and 1824 Webster Street. The Clerk stated there was on file the Affidavits of "Posting and Delivering" and "Posting and Mail - ing" Notices to Abate Nuisance in this matter, as required by Sections 17014.4 and 17014.1 of Title 8, Article 8, Part 2 of California Administrative Code. Upon request of the City Attorney, the Affidavits were entered into evidence and marked, "Exhibit A ". City Attorney Cunningham conducted the proceeding in this case. He stated this was a proceeding provided by State law whereby a certain residence and other structures may - because of the fact they are substandard and unfit for human habitation, among other things - be declared a public nui- sance by action of this Council and thereupon ordered to be abated by demolition - with the cost thereof being a lien on the property. The properties were located at 1822 and 1824 Webster Street - there being two residence structures and appurtenant Outbuildings in connection therewith. The two dwellings had been unoccupied for some time. These buildings were owned by the same group of people, as follows: Pieter Tofanelli, 1474 Ohio Street, Vallejo; Fred Tofanelli, 813 Haight Avenue, Alameda; Guido Tofanelli, 17187 Via Del Rey, San Lorenzo; Alfred Malvino, 87 Dartmouth Drive, Larksspur; and Louis Malvino, 75 Yale Avenue, Larkspur. Mr. Cunningham referred to a letter from Mr. Peter Tofanelli, dated August 1,1964, requesting that more time be granted in which to allow the owners to sell these properties. However, the City Attorney suggested the request be denied. The City Attorney pointed up that the issue before the Council in these proceedings to be decided was whether or not any cause was shown why these buildings at the addresses already specified, should not be condemned as a public nuisance and thereupon abated by demolishing and removing them - and making the cost thereof a lien on the respective parcels of real property. Mr. Cunningham then called upon the following City Officials as witnesses, each of whom was sworn by the Clerk prior to giving his testimony: Messrs. Warren Aspinall, Battalion Chief of the Alameda Fire Department; Albert Spadoni, Plumbing Inspector; Rasmus Johansen, Senior Electrical Inspector of the Bureau of Electricity; and James R. Brummer, Chief Building Inspector. Mr. Arthur Witesman, Public Health Sanitarian of County of Alameda, was also called upon. Each Inspector testified to the hazardous, unsanitary and unhealthy conditions prevailing on the premises and the advanced state of disrepair and deterioration of the structures in question. Mr. Aspinall submitted a set of snapshots showing several views, both interior and exterior, of the premises involved, which gave clear evidence of the deplorable conditions existent. The group of pictures was entered as "Exhibit B ". It was developed that the cost to repair the buildings - to meet even the very minimum Code standards - would be approximately $3,250. and $3,300. However, Mr. Brummer testified that the Zoning Ordinance would prohibit the repair of these structures because the estimated total cost thereof would exceed one hundred per cent of the assessed valuation. Mr. Brummer then filed the - letter from Mr. Peter Tofanelli with the Clerk and it was marked "Exhibit C ". Mr. Fred Tofanelli, 813 Haight Avenue, was sworn by the Clerk and stated he thought it was a "dirty shame" these houses had been wrecked and fixtures stolen therefrom by persons in the City just because the property was vacant. He said the owners had no intention of trying to rent the prop- erties - they were merely trying to keep them intact until they could be sold. Mr. Frank Gottstein was also sworn and agreed that the appearance of these two structures was a disgrace to this main thoroughfare of the City. Mr. Brummer also stated that it was estimated the cost of demolishing each of the buildings in ques- tion would be between $750. and $1,000. There being no further witnesses in this matter, the Vice .President declared the Hearing closed, and the matter was referred to "Resolutions ". REPORTS OF OFFICERS, BOARDS, ETCETERA: 11./ From the City Planning Board, signed by the Secretary, recommending' approval'of Tentative °Map of Tract No. 2673 (Harbor -Land Community Development), subject to the conditions of approval listed in the City Engineer's Report dated July 10, 1964,. and recommending that specific exception be allowed from Section 11.319, paragraphs (j) and (s) on the finding that this proposed development under the design controls provided in its "R -3 -PD" Zone would benefit by such exceptions. The property was located along the South Shore just easterly of Encinal High School. A very detailed and lengthy discussion was had in clarification of the purpose of a Tentative Map and the items which should be Shown thereon. With regard to this particular map, two exceptions were recommended which concerned - (1) "meandering" sidewalks and (2) planting of street trees. Mr. Hanna explained the unique treatment planned in this respect and felt it would enhance the beauty of the development. Councilman Rose then moved the recommendation of the Planning Board be accepted and the Tentative Map of Tract No. 2673 be approved as submitted. The motion was seconded by Councilman La Crois and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). The matter was then referred to "Resolutions ". 12. From the City Planning Board, signed by the Secretary, requesting a thirty -day extension of time in the matter of the Hearing on the petition of Mrs. Mary B. Canepa for the rezoning of her property. Councilman La Croix moved the request be granted and the thirty -day extension of time be allowed. The motion was seconded by Councilman Rose and unanimously carried. 13': From the City Planning Board, signed by the Secretary, recommending approval of Property Divi- sion Map No. 118, filed by Mr. Edward Lehi Torrey, subject to the three conditions contained in its letter of August 3, 1964. The property was described as Parcels 13 and 15 in Sections 19 and 24 (Bay Farm Island). Councilman La Croix moved the recommendation be followed and said Property Division Map be approved. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None.. Absent: President Godfrey, (1). The matter was then referred to "Resolutions ". 14. From the City Planning Board, signed by the Secretary, recommending the reclassification of property known as 1615 Oak Street from the "R -6 ", Hotel- Apartment District, to the "R -4 ", Neighborhood Apartment District - on the Board's Own Motion. The Public Hearing in this matter was set for the next regular meeting of the Council, to be held August 18, 1964. 15'‘ From the City Manager, reporting all work satisfactorily completed on the project of Install ing Sprinkler System in a Portion of Krusi Park - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Freeman and unanimously carried. 16. the City Manager, reporting that the sole bid received on the call for the Godfrey Park Site Development was in excess of the amount estimated and budgeted for this project. Therefore, Mr. Weller recommended that said bid be rejected and authorization be granted, under provision of Sec. 3 -15 of the Charter, to negotiate in the open market for said project, provided the aggregate amount would not exceed the budgeted sum of $6,700. Councilman Rose moved the recommendation be approved and negotiations be authorized as requested. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 17." From the City Manager, recommending contract be awarded to Halbach & Flynn, low bidder, for the project of Installing a Storm Sewer in Broadway between Lincoln and Eagle Avenues, at the total cost of $26,971.75. Councilman Freeman moved the recommendation be adopted; that the contract be awarded to the'desig- nated firm for the specified project at the total cost quoted. The motion was seconded by Council- man La Croix and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). INTRODUCTION OF ORDINANCES: 18. Councilman Rose introduced the following ordinance, after which it was laid over under provi- sion of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Certain Sections in Article 3, Relating to Uses and Densities in 'R -2', 'R -3', 'R -4', 'R -5', 'R -6' District Regulations." RESOLUTIONS: 19. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6668 Approving Amendment No. 1 to Agreement for Maintenance of State Highway in the City of Alameda, and Authorizing Execution Thereof." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 20. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6669 Approving Tentative Map of Subdivision Known as Tract No. 2673." 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: President Godfrey, (1). 21. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6670 Adopting Specifications, Special Provisions and Plans for Resurfacing of Lincoln Avenue between Everett Street and Court Street, and Third Street between Santa Clara Avenue and Central Avenue, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 22. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6671 Finding and Declaring Two Residence Structures and Appurtenant Outbuildings Commonly Known as Nos. 1822 and 1824 Webster Street, Alameda, California, Are Each a Public Nuisance, Substandard, and Unfit for Human Habitation; Directing Owners Thereof to Abate Same by Razing and Removing Said Buildings; and Notifying Said Owners That if Said Nuisance is Not So Abated City Will Raze and Remove Said Buildings and Make Expense Thereof a Lien on Parcels Upon Which Said Buildings are Located." 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: President Godfrey, (1). 23. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6672 Declaring Public Interest and Necessity Require the Acquisition of Certain Real Property in the City of Alameda for Use by Bureau of Electricity as Vehicular Storage Area." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 24. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6673 Approving Agreement with the State of California to Provide for Installation of Traffic Control Signals at Broadway and Encinal Avenue, Modification of the Signal System at Santa Clara Avenue and Webster Street and the Inter- connection of the Existing System Between Park Street and Broadway on Encinal Avenue, and Authorizing Execution Thereof." 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: President Godfrey, (1). 25. The following resolution as introduced by Councilman Rose, who moved its adoption: "Resolution No. 6674 Adopting and Submitting an Amended Budget for Expenditure of Funds Allocated from the State Highway Fund to Cities." 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: President Godfrey, (1). 26. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6675 Approving Property Division Map No. 118 for Division of Property Known as Parcels 13 and 15, in Sections 19 and 24 (Bay Farm Island), and Permitting Recording Thereof -- Edward Lehi Torrey." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 27. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6676 Resolution of the Council of the Cit of Alameda in Memoriam to Luii Simi "WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its loyal employees, LUIGI SIMI, Concrete Foreman in the Public Works Department. "WHEREAS, Mr. Simi had been employed by the City of Alameda on October 16, 1941, and had been most conscientious and capable in performing his duties during these many years of his service; and by "WHEREAS, Mr. Simi had been most amiable and cooperative with all of his fellow workers, who have been saddened -by the sudden death of their good friend. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of the faithful service rendered by Mr. Simi and the pleasant relations engendered by him with all of his associates, the Council of the City of Alameda hereby expresses its sense of gratitude for the efficient work of this dependable employee and its feeling of personal loss at his demise. "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. Simi in order to extend to its members a sincere expression of condolence 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 LUIGI SIMI." The motion to adopt said resolution was the following vote. Ayes: Four. Noes: The Vice President then declared all of ORDINANCES FOR PASSAGE: 28Y / conded by Councilman Rose and on roll call carried by None. Absent: President Godfrey, (1). the foregoing resolutions adopted. "Ordinance No. 1474, New Series Declaring No Further Need in City of Alameda for Redevelopment Agency to Function." Councilman Freeman moved the ordinance be passed as submitted. The motion was seconded by Coun- cilman La Croix and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 29:/ "Ordinance No. New`Series An Ordinance Amending the Alameda Municipal Code by Adding to Title XVIII, Chapter 5, a New Article 2, And Enacting Sections 18 -521 to 18 -525, Inclusive, Thereof, Relating to the Operation of Pinball Machines by Persons Under the Age of 16 Years." Councilman Rose moved this ordinance be rejected. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 30Y "Ordinance No. 1475, New Series An Ordinance Amending the Alameda Municipal Code by Adding to Title XVIII, Chapter 5, a New Article 2, and Enacting Sections 18 -521 to 18 -525, Inclusive, Thereof, Relating to the Operation of Pinball Machines by Persons Under the Age of 18 Years." Councilman La Croix moved this ordinance be passed. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Three. Noes: Councilman Freeman, (1). Absent: President Godfrey, (1). FILING: 31. Amendment to Agreement for Maintenance of State Highway - Between State and City. 32. Agreement Between State and City - Traffic Control Signals at Several Locations. 33. Specifications, Special Provisions and Plans No. PW 7 -64 -22 - Resurfacing Lincoln Avenue between Everett Street and Court Street, and Third Street between Santa Clara Avenue and Central Avenue. BILLS: 34. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $61,247.83, was presented to the Council at this meeting. 281 The List was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Rose moved the bills as itemized in the List of Claims filed with the City Clerk on August 4, 1964, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 35Y At this point, Councilman Freeman broached the subject of the propositions concerning the City Charter which were to have been consolidated on the ballot for the State General Election to be held November 3, 1964. In response to inquiry, Mr. Cunningham pointed out that the Board of Supervisors of Alameda County had notified all agencies that it was going to enforce and adhere strictly to its resolution to limit each city to only one proposition in the event a consolidation were requested. Mr. Cunningham-stressed the fact that the sixty -day deadline for filing said proposition was drawing near and the question was, "Which, if any, measure does the Council wish to consolidate on the ballot for the November Election ?" It was felt that a full Council should be present to make this determination. It was developed that the Council would have to take action on said question at its next regular meeting - August 18 - in order to file the necessary resolutions in time for the County Board of Supervisors' consideration. However, if absolutely necessary, a special meeting could be held as late as August 27 or 28, in order to take care of this matter. Due to vacation plans, it became obvious it would be impossible to have a full Council present to vote on this question. Therefore, it was suggested that each Councilman could submit his preference in a memorandum to the City Manager for ultimate information of the Council. It was also agreed that a determination would be made at the next regular meeting and Councilman Freeman expressed her will- ingness to abide by the decision of the Council. 36. Upon his request, Mr. Cunningham was granted permission to be absent from the next regular meet- ing of the City Council. ADJOURNMENT: 37. The Vice President called up the audience for of Mr., Luigi Simi and Senator Clair Engle, who had There being no further business to come before the memory of Mr. Luigi Simi and Senator Clair Engle - August 18, 1964, at 7:30 o'clock. a moment of silence in observation of the death also just recently passed on. meeting, the Council adjourned in respect to the to assemble in regular session on Tuesday evening, Respectfully submitted, i y/ Clerk