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1963-11-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, NOVEMBER 5, 1963 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Allegiance was led by Councilman McCall and was followed by an inspiring Invocation delivered by The Reverend Mr. Gerald V. Case, Minister of Christian Education, First Presbyterian Church. ROLL CALL: The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held October 15, and the special meeting held October 29, 1963, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From The Board of Trustees of Reclamation District No. 2087, signed by Mr. Charles T. Travers, President, requesting the Council to appoint a time and fix a place for holding an election to elect a new Board of Trustees - and to appoint an election board. The matter was referred to "Resolutions ". 3Y From The Honorable Leland W. Sweeney,. Supervisor, Third District, Alameda County Board of Supervisors, concerning the Fruitvale Avenue Bridge and requesting the Council to authorize the attendance of the City Attorney at a conference to be arranged by Congressman George P. Miller with the Solicitor General of the United States in Washington, D. C., sometime during the month of December, 1963. Councilman Freeman moved that City Attorney Cunningham be authorized to attend said conference in Washington, D. C., at the proper time. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS: 4.. Mr. G. N. Pope, 1820 Bay Street, referred to the housing projects and inquired if the Federal Government had imposed any conditions with regard to the residents therein upon the closing thereof. It was pointed out that the only conditions involved at all at the time of the projects' construc- tion was that they were temporary housing and would be demolished eventually and that military personnel would be given residential preference. Mr. Pope felt the City should make every effort to properly relocate the people now living in the housing projects. 51 Mr. Frank Gottstein, 731 Haight Avenue, once again contended there should be a Police Officer assigned to the Posey Tube area to properly direct traffic and take care of any emergencies. HEARINGS: 6."/ Called up was the matter of the proposed ordinance to amend the Alameda Municipal Code (Zoning Ordinance Section) relating to the resubmission of applications or petitions for variances, use permits and district boundary amendments. The Clerk stated the Affidavit of Publication of the Notice of Hearing was on file. 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. Further, the Planning Board had recommended that the ordinance not be passed. Upon request, Mr. Venable, Acting Planning Director, reviewed the deliberations on the matter and stated the Board had felt such cases did not occur frequently enough to warrant the passage of such an ordinance. Mr. Cunningham stated the issue before the Council was whether the Zoning Ordinance should be amended as proposed by restricting the applications for renewal of variances, use permits and district boundary amendments. Upon the call for proponents, Mrs. Inez Kapellas, 1128 College Avenue, spoke in favor of the Plan- ning Board's recommendation not to pass said proposed ordinance. She felt the provisions did not include all people who might have cases to present - those interested in developing subdivisions as well as those concerned only with individual parcels. Upon inquiry, there were no opponents to the question and the President declared the Hearing closed. During the Council's discussion, it was developed that the City of Alameda was one of the very few cities whose Zoning Ordinance did not contain a time limitation within which such applications and petitions could be resubmitted. However, it was emphasized that it was certainly not the intent of the Council to place such restrictions on some and not all. It was brought out that to cover all phases of improvements, both the Zoning Ordinance and the Subdivision Ordinance would have to be amended in this respect. 59 Councilman McCall stated there had apparently been a misunderstanding of his request in this matter because he was indeed under the impression that such an amendment would be pertinent to applications or petitions covering all types of development. It was agreed that the establishment of a time limit restriction would be a wise move but as presently submitted the proposed ordinance would not carry out the intention of the Council. Councilman Rose then moved that the recommendation of the Planning Board be upheld and the proposed ordinance not be passed. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: ,Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 7!f'` From the City Manager, recommending contract be awarded to National Cash Register Co. for fur- nishing a new Cash Register for the Golf Department at the total cost of $1,976.54. Councilman Freeman moved the recommendation be adopted; that the contract be awarded to the desig- nated company for furnishing the specified item at the price quoted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 8. From City Planning Board, signed by the Acting Secretary, recommending denial of the petition filed by Mrs. Mary E. Peters for the rezoning of certain properties located on Santa Clara Avenue, Mozart Street and Mastick Court - from the "R -4 ", Neighborhood Apartment District, to the "R -5 ", General Apartment District. The date of Hearing on this matter was set for the next regular meeting of the Council, to be held on November 19, 1963. At this point, the order of business was revised and the meeting referred to "Resolutions ". RESOLUTIONS: 9. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6533 Amending Section 2 of Resolution No. 6281, Increasing Membership of Citizens' Advisory Committee for Community Improvement from Fifteen (15) to Twenty -One (21)." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The meeting was then referred back to "Reports" and the order of business was followed as usual. REPORTS OF OFFICERS, BOARDS, ETCETERA: 10. From the Mayor, nominating for appointment and re- appointment the following as members of the Citizens' Advisory Committee for Community Improvement, for the term of one year commencing Octo- ber 17, 1963: Messrs. Don Bruzzone, Howard Converse, M. D., William E. Derbyshire, Sidney Dowling, Jr., Russell J. Franck, Gunther Gates, Sumner M. Graham, Henry J. Rodriguez, William M. Smock, J. Douglas Stevens, Michael Til.les, Robert L. Veres, Ernest Wade, Howard Yeremian, Harry T. Moore, Sam Tasoulas and The Reverend H. W. Van Delinder and Mesdames May Jan Mew, Charles J. Dodt, Inez Kapellas and Stanley Rudge. Councilman Rose moved the Council approve the Mayor's nomination of the persons as designated in his letter to membership on this Committee. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 11. Upon request of the President, the Clerk read in full his letter dated November 4, 1963, con- cerning the re- housing problem of the remaining residents in the Webster and Estuary Projects - and recommending the City Manager be requested to appoint Assistant City Manager Neil P. Clark to special duty as housing advisor, commencing immediately and continuing until June 30, 1964. The following expressed their ideas on the subject: Mr. Carter Gilmore, 1953 Sixty- second Avenue, Oakland, President of the Alameda Branch of the National Association for the Advancement of Colored People, with his office being at 634 Atlantic Avenue, Alameda; Inez Kapellas, 1128 College Avenue; Mrs. Barowsky, 3211 Central Avenue; Mrs. Mabel Tatum, 105 -A Singleton Avenue; Clarence Gilmore, 343 -A Mosley Avenue; Mrs. Muriel Washington, 345 -D Singleton Avenue; and Mr. C. C. Smith, 2116 Encinal Avenue. Mr. Carter Gilmore thanked the President for his recommendation and said this was the first step and he felt his people expected the City to take further steps toward finding proper housing for those living in the "Projects ". Others contended there was definitely discrimination against minority groups in Alameda. The opinion was also expressed that the City was not obligated to find housing for these people - they should act for themselves just as anyone else would. Mr. Clarence Gilmore said their desire was to discuss and negotiate with the City in trying to solve this problem. During the Council discussion of this matter, it was emphasized that, under the law, the City Council could do nothing about constructing "fair housing" - this would be up to the electorate. Councilman Rose moved the President's recommendation be transmitted to the City Manager with the Council's approval. The motion was seconded by Councilman La Croix. Speaking on the question, Councilman McCall expressed his opinion that the entire issue was one of economics. Further, he thought this situation was a Federal responsibility. He agreed these Pro- jects' residents should receive some type of service in this respect but he did not feel it was the Council's responsibility to find housing for anyone. Councilman Freeman inquired if the Housing Authority of the City of Alameda would be willing to pay for the maintenance of an office and the necessary secretarial help for Mr. Clark during this special assignment. The President replied that he expected to submit this question to the Housing Authority and it was hoped that it would assume this portion of the expense involved. Councilman McCall took this opportunity to congratulate the Housing Authority upon the financial suc- cess of the Housing Projects during the many years of its business -like conduct of this operation. He felt,-however, the Housing Authority had no responsibility whatsoever to finance anything the Council might suggest to it, or even provide office space. Mr. Weller expressed his appreciation for the orderly and sincere presentation of the statements made by those who addressed the Council at this meeting. He thought it was a good demonstration of how public affairs should be discussed and handled. He stated that he had discussed the matter with the President and with Mr. Clark and if the Council authorized and requested that this action °be taken, it would be done. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman McCall, (1). Absent: None. 12Y From the City Manager, recommending contract be awarded to Good Chevrolet, low bidder, for fur- nishing a new Biscayne Model 140 Sedan, at the total cost of $2,080. Councilman Rose moved the recommendation be adopted; that contract be awarded to the designated firm for furnishing the specified vehicle at the cost indicated. The motion was seconded by Councilman LaCroix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 13. Councilman Freeman introduced the following ordinance, after which it was laid over under pro - vision of law and the Charter: "Ordinance No. New Series An Ordinance Adding Article 8 to Chapter 3, Title XVII, of the Alameda Municipal Code, Providing for the Removal of Vehicles Abandoned or Parked in Violation of Any Provision of This Code or of the Vehicle Code of California." 14. Councilman La Croix introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance - Amending the Alameda Municipal Code by Repealing-Subdivisions (33) Through (37) of Section 17-333-and Adding New Subdivisions (33)• Through (37) and (39) Through (42) to Said Section 17 -333, Relating to All -Time and Limited No Parking (Broadway - Otis)." UNFINISHED BUSINESS: 15� The matter of the Charter revision and the Citizens' Committee thereon was broached by the President. He stated there were only two methods by which the Charter revision could be effected - (1) by calling a Special Election or (2) by waiting until the next regular Councilmanic Election, to be held in 1965. The Council had indicated its opposition to a Special Election because of the extra expense entailed. The suggestion had been made that the Council discharge the Committee with letters to all members expressing the Council's appreciation of their excellent work in this diffi- cult task and indicating that the Committee, very possibly, would be reactivated in the latter part of 1964 to again review the recommended revisions prior to the following spring election. Councilman Freeman moved the recommendation be accepted - that the Committee be discharged with thanks and the letters of appreciation inform the members that this same Committee, insofar as pos- sible, would be again activated late in 1964 for further study of the proposed revisions. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 161 Councilman Rose called attention to the Helicopter route from the downtown Oakland Heli -Port to the San Francisco- International Airport, which had recently been changed to run directly over the City of Alameda. He felt this was a callous disregard and lack of concern by the Federal Aviation Agency for the safety of the people and property of the City of Alameda. Councilman Rose inquired if there was any- - action the Council could take to force the Helicopter to resume its former flight pattern, which had been along the Estuary and across San Leandro Bay to the San Francisco - International Airport. Mr. Cunningham explained that the matter of establishing flight patterns for aircraft had been com- pletely pre - empted by the Federal Government - and the Federal Aviation Agency had the authority to change the flight pattern. Therefore, it would be a question of getting said Agency to act in the City's favor. There being no objections, the President asked the City Manager to again write to the Federal Aviation Agency, expressing the City's strong ,disapproval of the present flight pattern of the Helicopter and requesting that it be changed to its original course. Further, that a copy of said protest be sent to the manager of the Helicopter Company. 17. Councilman McCall referred to a memorandum from the City Engineer dated November 4, 1963, concern- ing the cleaning of lots in the vicinity of 557 Buena Vista Avenue, about which Mr. Paul Brown had recently written. He commented that the area was littered with cans of all kinds. He noted that a street which ran off of Buena Vista Avenue came to a dead -end there and felt that this should be barricaded to keep people from driving into this section and depositing debris. Councilman McCall suggested the area should be posted to discourage this practice. He felt a great deal of this was due to the amount of construction which was going on in the neighborhood. It was suggested that all contractors involved with construction developments in the City be notified that they should maintain clean property even while building operations were underway, that the City would enforce this and if the City had to perform any clean -up work, the contractor would be billed. Upon request, Mr. Hanna explained the routine his department pursued in trying to keep vacant prop- erties clean. He stated that the dead -end street mentioned was private property and the City should not barricade it. RESOLUTIONS: 18. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6534 Resolution of the Council of the City of Alameda Ordering the Vacation of a Certain Easement for Public Purposes (Sewer) (Unit 3, South Shore). The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 19. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6535 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model 1/2 Ton Pick -up Truck, for Fire Department, 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: Five. Noes: None. Absent: None. At this point, the meeting was referred back to "New Business ". NEW BUSINESS: 20 Councilman McCall stated he understood the Bureau of Electricity was considering the acquisition of property in another location for its Plant, now at the corner of Park Street and Otis Drive, because of the heavy traffic there and the difficulty experienced in getting equipment in and out of the premises. He suggested the proper City officials investigate the possibility of purchasing land across from the City's Corporation Yard the northeast corner of Grand Street and Clement Avenue - which would then give sufficient space for the City and Bureau facilities. He felt it was time the City established an over -all garage which could maintain all City vehicles in one location, and thus eliminate duplication of equipment. The President stated he felt the,Council should soon meet with the City Manager to work out a long - range Capital Improvement Program, and he expressed the hope that Councilman McCall would submit this particular subject at that time. Mr. Weller concurred that the Board of Public Utilities was ,contemplating the acquisition of replace- ment property for its Plant, which would adjoin the existing City property on Grand Street. The meeting then continued under "Resolutions ". RESOLUTIONS: 21. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6536 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model 'Compact' Two -Door Sedan, for Fire Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6537 Appointing Time and Place for Election of Board of Trustees of Reclamation District No. 2087 and Appointing an Election Board." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman. Freeman, who moved its adoption: "Resolution No. 6538 Resolution Authorizing Membership in Association of Bay Area Governments Pursuant to By -Laws of Said Association, Directing Mayor to Execute Agreement Therefor on City's Behalf with Said Association, and Authorizing Payment of Annual Assessments." 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. 24. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6539 Resolution Designating Representative and Alternate Representative,of City in General Assembly of Association of Bay Area Governments." The motion to adopt said resolution was seconded by Councilman McCall 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: 25.V "Ordinance No. 1446, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Parcels 5, 6 and 7 of Pacific Marina Area - Nichandros Development Co., Inc.) Councilman Rose commented on the industrial possibilities of this entire area. He pointed up the substantial assessed valuation of the industrial improvements for the current year. Councilman Rose said he would like to know what the Alameda Chamber of Commerce was doing to attract new industry to the Pacific Marina area. He; hoped to receive an expression from the "Chamber" just what the drawbacks were which would deter such developments if, as it apparently felt, further industry could not be attracted to these sites. Councilman Rose also referred to the specific rezoning embraced in the ordinance under consideration and inquired what assurance there was for immediate construction of the apartment buildings. He pointed out that action had previously been taken to allow development of a large apartment house on an adjacent location but, to date, no activity had been started. Councilman La Croix concurred with Councilman Rose's statements and supported his request for a report from the Chamber. There being no objections, the President asked the City Manager to request such an economic survey. Mr. Weller remarked that he had recently discussed with Mr. C. Phillip Nutzman, General Manager of the Chamber, the advisability of having a meeting of either the Chamber Industrial Committee, the Executive Committee or the Board of Directors with the City Council, the Planning Board and repre- sentatives of the Press, on this whole question of industrial development for Alameda. He said he, personally, thought there was a very substantial degree of misunderstanding about how industrial development was obtained - what did and did not attract industry. He felt the subject should be approached realistically and the City should know exactly its "plus" and "minus" factors. The proposition before such a meeting would be to ascertain the industrial potential and prospects. Mr. Weller expressed his opinion that the suggested meeting should precede the preparation of the type of report requested this evening. Upon agreement that said meeting would be beneficial, Mr. Weller stated he would discuss it further with Mr. Nutzman and indicate that it should be held in the near future. Councilman Freeman then moved that the ordinance be passed as submitted. The motion was seconded by Councilman McCall, who, speaking on the question, pointed up the advantages of having these multiple - dwelling units erected as soon as possible and indicated that if construction did not start within one year on this development he would be in favor of taking action to rezone the property back to its original classification. The question was then put and on roll call the motion carried as follows: Ayes: Five. Noes: None. Absent: None. FILING: 26. Specifications and Provisions -No. MS 11 -63 -16 - Pick -up Truck for Fire Department. 27. Specifications and Provisions No. MS 11 -63 -17 - "Compact" Sedan for Fire Department. 28. Agreement - Between Associated Bay Area Governments and City of Alameda. 29. Financial Statements - Bureau of Electricity, as of July 31, August 31 and September 30, 1963 - Verified by Hackleman & Larzelere. BILLS: 30. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $35,773.18, was submitted 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 November 5, 1963, 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: Five. Noes: None, Absent: None. 31. At this point, Councilman Rose invited all to attend the Veterans' Day Parade in San Leandro next Monday, November 11, 1963, beginning at 11:30. He announced that The Honorable George P. Miller, Congressman, would be the Honorary Grand Marshal and Rear Adm. David J. Welsh, Commanding Officer of Fleet Air, Alameda Naval Air Station, would be the Reviewing Officer. ADJOURNMENT: 32. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, November 19, 1963, at 7:30 o'clock. , Respectfully submitted, City- lerk 0