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1963-08-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING - - - - - - - - AUGUST 20, 1963 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Allegiance was led by Councilman Rose. ROLL CALL: The roll was called and Councilmen La Croix, Jr., McCall, Rose and President Godfrey, (4), were noted present. Absent: Councilman Freeman, (1). MINUTES: 1. The minutes of the regular meeting held August 6, 1963, were approved as transcribed. WRITTEN COMMUNICATIONS: 2.0 From East Shore Home Owners' Association, signed by Dr. Hubert Reiss, President, concerning the City Plan for Extension of Fernside Boulevard and outlining four points for consideration in said yropnaad'exteooiuu. It was also requested that the Association be kept posted on future scheduling of discussions of this matter before the City Council, the Planning Board or the Engineering Department. The Clerk was instructed to acknowledge the letter and the City Engineer was asked to keevt6e Association informed, as requested. Councilman McCall inquired about the status of the subdivision proposed for this area by Mr. Paul Woods and wondered why there had been such a delay in the development thereof. Mr. Hanna, City Engineer, explained the circumstances and Councilman McCall said he felt a positive approach should be undertaken in this matter in order to get this property on the City tax rolls. 3» From East Shore Home Owners' Association, signed by Dr. Hubert Reiss, President, again acressing the need for proper lighting facilities on Bay Farm Island Bridge. The Clerk was directed to acknowledge this communication, too. It was pointed out the City Council has taken the position that said Bridge was part of the State Highway System and, therefore, the lighting thereof was the State's responsibility. It was understood the City Engineer was presently discussing the situation with the State and it was suggested the Council await Mr. Hanna's report on the subject before any further action was taken. 4\ From Redevelopment Agency of the'City of Alameda, signed by Mr. Walter Monasch, Executive Director, asking the City Council to adopt an ordinance temporarily suspending the issuance of Building Permits within the boundaries of Park Centre Redevelopment Project. The matter was referred to "Introduction of Ordinances". 5. From Mr. Otto C. Rittler, 3260 Central Avenue, expressing his appreciation and thanks for the honor bestowed upon him by the City Council in naming its newest recreational facility the "Otto C. Rittler Park". The Clerk was to acknowledge the communication and it was ordered filed. ^/ 6. From Shore Line Properties, Inc., signed by Mr. D. J. Hawley, President, concerning its proposed development of Unit IV, South Shore - and requesting permission to informally present its plans at this meeting. The President stated the presentation of the proposed subdivision would be made under "New Business". V 7. From Alameda Park Street Development, Inc., signed by Mr. Russell J. Franck, President, endorsing and requesting adoption of the proposed ordinance to temporarily suspend issuance of building permits. The communication was noted and ordered filed. Q.v From Alameda County Mosquito Abatement District, signed by Mr. Howard Bronstein, President, Board of Trustees, concerning the program for fly abatement and an indication from the City Council on the question of which Governmental Agency - the ^^Diatrict" or the County Health Department - should assume responsibility of this matter in its jurisdiction. The President suggested the matter be referred to City Engineer Hanna, who was a member of the Board of Directors of Alameda County Mosquito Abatement District, with the request that he submit a recommendation as soon as possible. It was so ordered. ORAL COMMUNICATIONS: 9� Mr. Frank Gottstein, 731 Haight Avenue, referred to certain emergency construction work being done on the approach to Posey Tube this date and the complete tie-up of traffic on Webster Street from the Segregation Line north - with no Police Officer on duty to try to keep the cars moving as much as possible. It was suggested that the State Division of Highways be requested to notify the proper City authorities when such work is contemplated in order that the City may take steps to provide adequate traffic control. "Resolution No. 6509 ������ � ���� Amending Salary Resolution No. 6484 by Deleting One Position of Junior Civil Engineer, Creating One Additional Position of Assistant Civil Engineer, Creating the New Position of Junior Traffic Engineer, Deleting One Position of Policewoman, and Creating the New Position of Policewoman-Stenographer." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Three. Noes:. None. Absent: Two. The Vice President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 21. "Ordinance No. 1438, New Series An Ordinance Amending the Alameda Municipal Code by Adding Thereto Subdivision (38) of Section 17-333, Relating to Limited No Parking." (East side of Service Road along Main Street between Pacific Avenue and Brush Street) Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Coun- cilman Rose and carried on the following roll call vote. Ayes: Three. Noes: None. Absent: Two. FILING: 22. Specifications and Provisions No. MS 8-03-10 - One (1) Used, Reconditioned, Caterpillar D-4 60", or Acceptable Equal, Tractor for Golf Department. 23. Specifications and Provisions No. MS 8-63-11 - One (1) Aero-Thatch Fairway Aerifier, Modal X61 P.T.U., or Acceptable Equal, for Golf Department. 24. Specifications and Provisions No. MS 8-63-12 - Two (2) Three-Wheel Carriers for Golf Depart- ment, Cushman Model 783Buuloter, Westcoaster Greensmaster, or Acceptable Equal. BILLS: 25. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $58,350.86, 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 Rose moved the bills as itemized in the List of Claims filed with the City Clerk on August 6, 1963, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. ADJOURNMENT: 26. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, August 20, 1983, at 7:30 o'clock. Respectfully oubmi Cit Clerk 131 Councilman McCall, however, felt that when the State Division of Highways was causing such traffic congestion, the State Highway Patrol should be called upon to direct the traffic. He expressed his resentment at the City being held responsible for such inconveniences at the Posey Tube approach and the fact, that Fruitvale Avenue Bridge was now closed for repairs, which further aggravated traffic congestion. v 10. Mr. G. N. Pope, 1820 Bay Street, referred to the plan of the Shore Line Properties, Inc. for the development of Unit IV on the South Shore and stated he had heard the presentation be- fore the City Planning Board at a recent meeting. He expressed his opinion that said plan was merely "making a sieve of the Cooing Ordinance" and he registered his opposition to it. ll� Mr. John Seaborn, 1313 Layfayette Street, spoke of an accident this date at the interesection of Oak Street and Clement Avenue which did considerable damage to his car. He called attention to the fact that this is a "blind" Attteraectiou and should have four-way stop signs installed before a more serious accident occurs. He mentioned there are a number of such intersections throughout the City and he felt these conditions should be investigated and remedied. �/ ' l2./ Mr. George Keefer, 970 Post Street, Realtor, expressed his opposition to any ordinance banning issuance of building permits. HEARINGS: 13. The matter was presented concerning the proposed amendments to several sections of the Alameda Municipal Code (Zoning Ordinance Section) relating to rear yard coverage regulations in Residential Districts. The Clerk stated there was on file the Affidavit of Publication of the Notice of Hearing in this matter and also, copies of the minutes of the Planning Board meeting at which this subject was considered have been sent to the Councilmen for their iuformatinn. The Planning Board had initiated the proposed changes and recommended they be adopted. Upon request, Mr. Venable, Acting Planning Director, explained the factual data concerning the situation and displayed a diagram showing the interpretation of a rear yard area of a lot. Be pointed out the amendments would liberalize the regulations to effect fuller utilization of said rear yards for covered carports or patios for outdoor living. He also remarked that this action should obviate the necessity for so many variance requests which, in most cases, had actually been granted anyway. The City Attorney was then called upon for the legal issues involved. Mr. Cunningham stated the Council's consideration should be whether in the interest, protection and promotion of the purposes of the Zoning Ordinance in its sound development, the proposed changes in said Ordinance with respect to rear yard coverage regulations, shoud be enacted. The President then called for any proponents of the question. Both Mr. Pope and Mrs. Kapellme stated they were neither in favor or nor An opposition to the proposed amendments - but merely had questions to submit covering certain circumstances. Mr. Venable responded to each by stating the amendments under consideration did not apply to the instances cited by them. The President inquired if there were any opponents to the recommended changes and there was no response. The President then declared the Hearing closed. The matter was then referred to "Introduction of Ordinances". REPORTS OF OFFICERS BOARDS ETCETERA: 14'l From City Planning Board, signed by the Acting Secretary, recommending approval of the Property Division Map filed by Utah Construction & Mining Co, (Mr. John Anthony, prospective purchaser) subject to compliance with the City Engineer's Report dated August 8, 1983. The Map covers a portion of Lot 2, Block 13, Tract 0o. 1866, South Shore Unit No. 1. Councilman Rose moved the recommendation be followed and the Council approve the Property Division Map covering the specified parcel, subject to compliance with the City Engineer's Report dated August 8, 1963. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). V' 15. From City Planning Board, signed by the Acting Secretary, recommending the reclassification of property known as 1618'Fourth Street, as requested by Mr. George W. Thomsen, from the "R-1", Single-Family District to the "8-4", Neighborhood Apartment District. .The Hearing on this matter was set for the next regular meeting of the Council to be held on September 3, 1963. .V 16. From City'Manmger, reporting all work satisfactorily completed on the project of Lawn Establishment in Lum Park - recommending it be accepted and the Notice of Completion be ordered filed. Councilman McCall spoke of the damage which has been done to some of the sprinkler heads of the irrigation syotem'in this Park and referred to some adults who had been tearing of the turf with their golf putting. He felt the vandalism throughout the City was increasing and more policing and apprehending should be done. Upon request, Mr. Hanna reported on the circumstances involved in both projects for this Park - the installation of the irrigation system and the establishment of the lawn - and explained that the contractors themselves were not responsible for certain conditions now prevailing. Be stated he was working on the matter and felt it could soon be rectified. Councilman McCall then moved the recommendation of the City Manager be adopted; that the work on on the designated project be accepted and the Notice of Completion be filed. The motion was _ seconded by Councilman Rose and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). 17. From City Manager, reporting all work satisfactorily completed on the project of Resurfacing the Golf Course Memorial Road and a Portion of the Golf Course Parking Lot - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be approved; that the work on the specified project be accepted_mnd the Notice of Completion be filed. The motion was seconded by Councilman Rose and carried on the following vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). . . l8. / From Citizens' Committee on Charter Revision, signed by Mr. K. E. %igelhnfer, Chairman, under provision of Section 5(c) of Resolution No. 6381, submitting its final draft for Charter Revision without recommendation for any alternative pro-recommendation for any alternative proposals and, under Section 3 of said resolution, awaiting the Council's direction. The Councilmen indicated their concurrence with this suggestion and the President then asked Mr. Weller to write to the Committee, expressing the Council's appreciation torAhe excellent work performed and the great amount of time expended in this project and explaining the reason for its continued existence. INTRODUCTION OF ORDINANCES: 19. Councilman La Croix introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series, An Ordinance Amending the Building Code of the City of Alameda by Amending Subsections (a) and (b) of Section 303 and Adding New Subsections (c) and (d) to Said Section 303, Relating to Fees." 20. Councilman McCall introduced the following ordinance, after which it was laid over under provision of law and the Charter: . 'Urdinauce No. . . New Series An Ordinance Amending the Plumbing Code and Hearing and Ventilating Code of the City of Alameda by Amending Sections 8-3.051, 8-3.052 and 9-16.06 Thereof, Relating to Fees. 21. Councilman Rose introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Section 12-233 of the Alameda Municipal Code, Relating to Advertising Structures, and Permits, Fees and Inspection Thereof." 22. Councilman La Croix introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Temporarily Suspending the Issuance of Building Permits in the City of Alameda Park Centre Redevelopment Project No. Calif R-63." The President noted the attendance of Mr. Marshall Pease, Chai man; Mr. Walter Monasch, Executive Director; and Mr. John Hanson, Attorney; all of the Redevelopment Agency of the City of Alameda. The Councilmen submitted queries with regard to several aspects of the situation entailed in such a "freeau,' on building permits and, during the course of the discussion, Mr. Cunniogbamh emphasized that the Council would still be the controlling Body through its legislative authority to amend the ordinance. It was developed that this type of action was common practice in redevelopment projects and, further, as evidenced by the letter from Alameda Park Street Development, Inc., most of the merchants were supporting said proposal. The question was raised about everyone being made aware of such action in order that no prospective purchaser of property in the redevelopment area would suffer through ignorance of the building 133 permit euopeuaion. It was suggested that the ordinance should be recorded for the proteotinn, of all concerned. Mr. Hanson stated the Agency Staff has made and will continue to make every effort to inform any party interested in buying. or selling property in the area just what the conditions are. Attention was celled to the fact that the Council must also decide upon the expiration date for said suspension of building permits, to be incorporated in the proposed ordinance. After con- { aulcation with the Agency officials, it was determined that said date would be September 30, 1964. Mr. A. R. Sargent, 2916 Southwood Drive, submitted certain questions on the subject which were clarified by the President. 23. Councilman McCall introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordioaoze'No. New Series An Ordinance Amending the Alameda Municipal Code by Amending the Rear Yard Coverage Regulations in All Residential Districts and Article 4-A of Ordinance No. 1277, New Series." NEW BUSINESS: 23. As requested by letter earlier in the meeting, Mr. James D. Davis, Attorney, representing Shore Line Properties, Inc., addressed the Council, concerning the proposed development of Unit IV of the South Shore. Mr. Davis explained that this firm was a California Corporation comprised Of Mr. Donald Hawley, President, and two Real Estate Investors, Messrs. Joseph Shane and Louis Towne of Southern California. Mr. Davis commented that a presentation of the preliminary plans has been made before the City Planning Board, at which time the following were present to express their views of the concept of this development: Messrs. C. Philip Nutzman, General Manager, Alameda Chamber of Commerce; Raymond P. Kranelly, Chairman, Community Development Committee of the "Chamber"; Richard Bartalini, Alameda Junior Chamber of Commerce; and B. L. Chrisman, of the South Shore Home Owners' Association. He stated they had also appeared before the Recreation Commission of the City of Alameda. Models and sketches were displayed showing the type of "semi-attached" homes which was the archi- tectural concept of the development. Mr. Davis explained in detail the economics necessitating the lot-plan and type of structures contemplated which would then allow construction of "quality" homes. Mr. Davis stated they wanted to discuss two specific problems - (1) the rerouting of Shoreline Drive and (2) the retention of the shoreline along Unit IV. The reason for the proposed termination of Shoreline Drive at Broadway and swinging inside the subdivision with °Dayvieq Drive" was because this would allow proper utilization of the amount of land available since the lagoon on one side and the beach front on the other, limits the buildable area. Be said the problem stems from the fact of the "Fill Agreement" between the City and Utah Construction & Mining Co. which requires, in effect, that Shoreline Drive be extended along the beach front of Unit IV. Therefore, his clients will have to ask for an amendment of this point. With regard to the "retention", Mr. Davis stated two engineering firms - Dames & Moore, Soil Mechan- ics Engineers, and Dr. J. W. Johnson, Consulting Engineer - have studied this problem and rendered reports in which it was stated that the only retention necessary was to reshape the beach and to do some additional filling on the easterly end of the proposed subdivision. He stated these plans have also been presented to City Engineer Hanna and his clients would be willing to be guided by his decision in this matter. Mr. Hanna later said he concurred with the statement concerning the retention. The President commented that this procedure was somewhat irregular but since the plans had been in- formally presented to the Planning Board and were being informally submitted before the Council, it would probably be in order to discuss it. Considerable discussion was had concerning what procedure would be followed when the Tentative Map of said proposed subdivision was ready. It was agreed that the two specific problems mentioned were within the province of the Council's jurisdiction only, and could not be acted upon by the City Planning Board. Mr. Weller and Mr. Cunningham outlined and clarified the sequence of steps which would be necessary in acting upon this matter at the proper time. It was agreed the question was not insurmountable and the President suggested to Mr. Davis that he consult with the City Manager and City Attorney in resolving the issue. It was brought out by Mr. Davis that his clients plan to submit their Tentative Map to the City Planning Board officially at the meeting of September 10, 1963, if possible. He also offered to furnish copies of the reports from Dames & Moore and Dr. Johnson for the Councilmen's information. In response to the President's inquiry, Mr. Hanna replied that, at the time of the submission of the Tentative Map, he would review all facets in detail and render his report thereon. Mr. Davis thanked the Council for giving consideration to and allowing the discussion of this matter. ]��^�J ���� 24. Councilman Rose expressed commendation of Mr. Baxter, General Manager of the Bureau of Electricity, for his excellent Annual Report for the year ending June 30, 1963, and for the very fine record established by the Bureau for the year. The City Clerk was instructed to write a letter of appreciation to Mr. Baxter. FILING: 25. -Financial Statement - Bureau of Electricity, as of June 30, 1963- Verified by Banklaman & Larzelere. 26. Annual Report for Year Ending June 30, 1963, on Activities of the Bureau of Electricity. 27. Auditor's Report - City of Alameda for Fiscal Year Ending June 30^ 1963 - Verified by Baokleman & Larzelere. BILLS: 28. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $38,750.80, 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 McCall moved the bills as itemized in the List of Claims filed with the City Clerk on August' 20, 1963, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 29 Prior to adjournment, Councilman McCall asked that the City Manager procure information on Assembly Bill 1662 relating to the formation of cities and districts, and Senate Bill 881, re- lating to annexation of territorial local government. He felt the Council should take some action if desired. ADJOURNMENT: 30. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, September 3, 1983, at 7:30 o'clock. Respectfully submit Cit erk