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1962-08-07 Regular CC Minutes497 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, AUGUST 7 , - - - - - - - - 1962 The meeting convened at 7:30 o'clock p.m. with President Collischonn presiding. The Pledge of Allegiance was led by Councilman Schacht, following which an inspiring Invocation was delivered by The Reverend Mr. Laurence Nutting, Pastor of Court Street Methodist Church. ROLL CALL: The roll was called and Councilmen McCall, Rose, Schacht and President Collischonn, (4), were noted present. Absent: Councilman Godfrey, (1). MINUTES: 1. The minutes of the regular meeting held July 17, 1962, and the adjourned regular meeting held July 26, 1962, were approved as transcribed. WRITTEN COMMUNICATIONS: 2: Mr. G. N. Pope, 1820 Bay Street, requesting time to speak on Resolution No. 6381, relative to the Citizens Committee on Charter Revision, adopted by the Council at its meeting of June 26, 1962. ORAL COMMUNICATIONS: 3:/ Mr. Milton Pearson, representing the California State Automobile Association and the American Automobile Association, addressed the Council in presentation of an Award to the City of Alameda for its Pedestrian Activities during 1961. Mr. Pearson reviewed the background of the program which was originated in 1937 in an endeavor to eliminate pedestrian fatalities and injuries. The program is set up in the form of a contest among cities on the basis of population. Mr. Pearson then presented Mayor Collischonn with a plaque indicating the Special Citation for Casualty Record among cities of 50/100,000 population, pointing up that the City of Alameda had only one pedestrian death and forty pedestrian injuries during 1961. He congratulated the Chief of Police and his Department and the City for their activities in this respect which were instrumental in winning this Award. Mayor Collischonn stated the City is proud of its law enforcement agency and the efforts which have resulted in this fine record. 4. Mrs. Carol Heche, 1521 Union Street, read the following letter - after which she requested that it be included in full in the minutes: "Alameda, California August 7, 1962 "To the Honorable Mayor, and Members of the Alameda City Council: "Gentlemen: "I have come before you to clarify my position on the South Shore issue. "Many of you know that I have questioned the validity of the South Shore operation and opera- tors ever since the inception of the fill idea by interests that proposed to change our shore line by that means. Some of you may have attended the Council meeting held in the Auditorium of the Alameda High School when on March 23, 1954, the idea; was first brought before the people and turned down. At that meeting I specifically read from the diary of my Grandfather, Wm. W. Chipman, who founded Alameda, the Act of the Legislature incorporating the town of Alameda on April 19, 1854, and also the Wharf Act of March 1868 limiting the use of the tidelands. "When in June 1954, I was invited to a meeting of South Shore property owners to discuss the issue of the fill, much to my surprise, I discovered that the estate of my late Aunt, Miss F. J. Chipman, was represented by an administrator that I had never heard of. Investigating this I found several suits had been started to quiet title against her name. On becoming administratrix of her estate myself, in September 1954, my decision was to leave no stones unturned to uncover how Alameda could become involved in such a mess. It hasn't been a pretty story but shows that cops and robbers have always been with us. "Does it not seem strange.: that a summons for me on a recent suit, brought by an attorney on this Council, was delivered to Jack Blue's office, our Alameda County Clerk, instead of to me personally? After all, I have not tried to conceal myself - hardly possible - having owned property, been in the school department for 30 years and having children and grandchildren in the Alameda schools. "Any development on our tidelands does not have to conform to the desires of an expedient developer but does have to meet the requirements laid down by law. The Constitution of California stipulates the uses of overflowed lands or tidelands, Article 15, Sec. 3, and the California Statutes of 1913 and 1917, which are still in effect clarify the management, use and control of all salt marsh, tide and submerged lands adjacent to and bordering the City of Alameda. "My grandfather, Mr. Chipman, did everything within his power to preserve and protect the beauty and shores of this community. The laws governing this protection were in force before the undertaking of the Utah Construction Company. It is known to me now that the same protections and prohibitions against trespassers on these lands are as valid today as they were from the beginning of Statehood and the founding of this community in 1854. 498 "This heritage of conserving and protecting the best that is possible for the community is my motivating interest. "The validity of the Peralta Grant to the deepest waters of the San Francisco Bay, from which my title is derived, is proven beyond question. "Mrs. Elinor E. Peterson became interested with me in clarifying the title to these lands and has joined me in pursuing this course to its fullest extent. "Our intention is recorded in the form of a preliminary map which has been submitted to the Alameda Planning Department to emphasize what the Constitution of California allows as development of tidelands. This map is designed to conform to the laws governing this area, but naturally would be subject to changes as allowed by law. "This statement is given to you, the present City Council of Alameda, to fully inform you of these facts and I am submitting a copy of it to the City Clerk. I respectfully request that the statement be incorporated in its entirety in the printed minutes of this Council meeting so that the record is unmistakably clear. ", Mrs. Elinor E. Petersen, 7400 Greenly Drive, Oakland 5, California, stated she is the owner, the fee title holder under the Spanish- Mexican Land Grant with Mrs. Heche, and she wished to affirm every- thing that Mrs. Heche had said this evening. She also stated she would like this affirmation to be contained in the written minutes of this meeting. 5. G. N. Pope, 1820 Bay Street, inquired concerning the required qualifications for members of the Charter Committee insofar as length of City residence was concerned, the Committee's procedure in conducting meetings and giving notification thereof, and the extent to which it was to revise the Charter. These questions were answered by Mr. Weller, who particularly explained that the City Charter should contain only those provisions so fundamental to the operation of the City that they necessarily must be established by vote of the people. He said that in all other respects, he believed, and he felt most people would substantially agree, the elected representatives of the people, inasmuch as they have the responsibility to carry out the duties of Government, likewise must have the authority to do so. If that is the case, then it must follow that the Council must have authority to adopt by ordinance or by resolution, publicly, the ways in which their duties and responsibilities will be carried out. These matters do not belong in the City Charter. He referred Mr. Pope to the United States Constitution and felt that he would find that said Constitution: contains only fundamental provisions - not matters of general, current legislation, which is the purpose of the Congress. This, locally, is the purpose of the City Council. 61. Mr. Kenneth Hoisington, 1335 Burbank Street, emphasized that any Charter change requires a vote of the people and any time a decision is called for as to what is to be done in the City, the people have a choice by their vote. 7/ Mrs. Lorraine E. Whiffen, 1039 Buena Vista Avenue, stated she was one of the two hundred fifty petitioners who requested the change of route of the Industrial Highway from Buena Vista Avenue and asked that the Council set the date so the people concerned would know when the Public Hearing would be held. In response to inquiry, Mr. Schoenfeld replied that he and the City Engineer would be happy to pre- pare a report on the subject of the proposed route of the Industrial Highway which would be ready for the Council's study any time it sets the date of Public Hearing - and in sufficient time for the Council to give it due consideration. The President assured Mrs. Whiffen that the Council would set a date for a Hearing on this subject as soon as the current more pressing matters were taken care of. 8. Mr. Duncan L. Campbell of Utah Construction and Mining Company read a letter from South Shore Land Co., dated August 7, 1962, and signed by Mr. Charles T. Travers, concerning its development on the South Shore and pointing up the substantial economic contribution made to the City through the increased assessment value and taxes thereon. 9. Mr. Frank Gottstein, 731 Haight Avenue, spoke of the Alameda Belt Line tracks running along the south side of Atlantic Avenue and across Webster Street. He stated they are apparently never used and yet cause traffic congestion on Webster Street because the busses have to stop each time before crossing them. He urged their immediate removal. Mr. Way was asked to check into the franchise covering this trackage. He replied he would be glad to do so but suggested Mr. Hanna might have some information immediately available. Mr. Hanna stated the City is now in the process of erecting an "Exempt" sign at this particular crossing which will eliminate the necessity of the busses having to stop. He said that during the past year similar signs had been erected in about twenty -six locations throughout the City where tracks cross streets but they are not used often enough to justify the compulsory stop by busses. He felt the situation was worthy of exploration and the removal of the tracks could possibly lead to improvement of the area It was brought out that the City Manager is a member of the Board of Directors of Alameda Belt Line and he was asked to investigate its position. HEARINGS: 10. The matter was called up concerning the Appeal from the decision of the Planning Board to "tech- nically" deny, through lack of a majority vote (Ayes: Three; Noes: One - Seven - member Board) a variance to allow certain uncovered raised decks to encroach into the required twelve -foot side yard area beyond the allowable six -foot distance. The Appeal was filed by Mr. John J. Anthony relative to his condominium dwelling at 339 Broadway. The Clerk stated the file was on hand containing pertinent data in this matter and copies of the minutes of the Planning Board meeting at which this application had been considered had been distri- buted to the Councilmen for their information. Upon request, Mr. Schoenfeld, Planning Director, explained in great detail, by use of a large plan displayed, the exact circumstances involved. Mr. Way, Acting City Attorney, cited the criteria as set forth in Section 11- 161(b) of the Zoning Ordinance, on which the Council should base its decision, and also clarified the "denial" action of the Board in this case. The President called for the proponents in the case and Mr. Anthony addressed the Council in support of his development and in favor of the variance being granted to allow construction of the condominium according to his plans to effect uniformity. He exhibited an architect's drawing of the structure for the Council's information about the "decks" or "patios" in question. He pointed out there had been no protests against the encroachments and since the property is bounded by the lagoon, the northerly side yard is ninety feet wide for all practical purposes. Considerable discussion was had with regard to the technical interpretation of these structures and the provisions which would then apply. Upon inquiry, there were no opponents in this matter and the President declared the Hearing closed. Concern was expressed and discussion ensued, about the fire fighting possibilities in the event of such emergency. Battalion Chief Warren Aspinall of the Fire Department stated that even the allowable side yard area was not really adequate for efficient operation of their equipment and, therefore, the encroachments had little effect in this respect. Councilman McCall then moved the variance be granted. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Godfrey, (1). 11./ Next called up was the matter of an Appeal from the decision of the Planning Board to deny a vari- ance to allow an encroachment of fifteen feet into the required twenty -foot rear yard area of the prop- erty known as 2220 Alameda Avenue, filed by George W. and Lola F. Mockel. The Clerk stated the file was on hand containing all data relative to this matter. Also, copies of the minutes of the Planning Board meeting at which this application was considered had been distri- buted to the members of the Council for their information. Upon request, Mr. Schoenfeld, Planning Director, explained the factual data relative to the request to construct a single - family dwelling in the rear of the lot on which is an existing residence. He emphasized that rear yards of the required size should be maintained in all property developments from a progressive planning standpoint. Mr. Way, Acting City Attorney, stated this was an Appeal from a denial in its true sense and the Council should heed the criteria as set forth in Section 11- 161(b) of the Zoning Ordinance in reaching its decision. Upon call for the proponents, Mr. Mockel appeared and reviewed his plans for the proposed structure and other improvements, pointing up the present necessity of providing living quarters for his mother, who has a heart condition and cannot climb stairs. He stated there had been no objections from any of his neighbors. There being no opponents, the President declared the Hearing closed. Following discussion of the matter, Councilman McCall moved the variance be granted. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Godfrey, (1). 12. Continued from the last regular meeting was the matter of the petition from South Shore Land Co. for the rezoning of certain portions of Unit I, Tract No. 1866, and Unit II, Tract No. 1898 - west of Grand Street, South Shore. The Clerk stated that since the last meeting an additional number of letters had been received in pro- test against any rezoning in this area, also a petition dated July 29, 1962, signed by ten residents and the letter from South Shore Land Co., dated August 7, 1962, signed by Mr. Charles T. Travers, Vice President, which had been read by Mr. Campbell earlier in the meeting. The President stated that at the last meeting the Applicant had requested a continuance on the basis that all members of the Council should be present at the Hearing. He said that, assuming that both the proponents and the opponents were in agreement on this point, as soon as it was found that one member of the Council would be absent at this meeting, he had checked with the other Councilmen available and found they were in agreement that the Hearing should be continued at this time. As a result of this, the President stated he had promptly made an announcement through the newspapers to this effect. Councilman Schacht then moved the Hearing on the petition of South Shore Land Co. be continued to the Council meeting of August 21, 1962. The motion was seconded by Councilman McCall and carried by the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Godfrey, (1). REPORTS OF OFFICERS BOARDS ETCETERA: 13:/ From City Manager, reporting all work satisfactorily completed on the project of Installing a Storm Sewer on Bay Street, north of Eagle Avenue - recommending it be accepted and the Notice of Com- pletion be ordered filed. 300 Councilman Schacht moved the recommendation be approved; that the work on the specified project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Godfrey, (1). 14. From City Manager and Chief of Police, submitting their Affidavit that no moneys had been expended from the Police Secret Fund during the period from July 1, 1961, to June 30, 1962. The Affidavit was noted and ordered filed. 11. From the Mayor, reappointing Mr. James A. Wiley, Jr. as a member of the Redevelopment Agency, subject to the Council's approval, for the term expiring August 14, 1966. Councilman Rose moved the Mayor's reappointment of Mr. Wiley, Jr. as designated, be confirmed. The motion was seconded by Councilman Schacht and carried by the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Godfrey, (1). 16Y' From the Mayor, nominating Mr. Terry Y. LaCroix for reappointment as a member of the Recreation Commission for the term expiring August 31, 1965. The matter was referred to "Resolutions ". INTRODUCTION OF ORDINANCES: 17. Councilman Schacht introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Regulating the Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Conversion, Demolition, Occupancy, Equipment, Use, Height, Area and Maintenance of All Buildings and /or Structures in the City of Alameda; Providing for the Issuance of Permits and Collection of Fees Therefor; Providing Penalties for the Violation Thereof, and Repealing Ordinances Nos. 1257, 1300, 1388, New Series, and All Other Ordinances and Parts of Ordinances in Conflict Herewith." (Uniform Building Code and Uniform Building Code Standards, 1961 Editions) NEW BUSINESS: 18. Councilman McCall announced that the City was fortunate, through the cooperation of Col. A. S. Bailey, USMC, to have another Sunset Parade and Review in Alameda. This will be held in Washington Park on Tuesday, August 14, at 7:00 o'clock p.m. The parade will start from Concordia Street and Pacific Avenue and will be comprised of battalions from Treasure Island, Naval Air Station and also the Marine Reserve Corps. The Mayor will be the Reviewing Officer, escorted by General LeRoy Hunt, USMC, Retired. He expressed the hope that this function would be supported by the citizens of the community. President Collischonn also urged all to attend if at all possible. RESOLUTIONS: 19'' The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6388 Resolution of the Council of the City of Alameda Supporting the Program Recommended by the Alameda County Highway Advisory Committee for Improvement and Development of the State Highway System in Alameda County for the Fiscal Year 1963- 1964." 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: Councilman Godfrey, (1). 20. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6389 Resolution of the Council of the City of Alameda Authorizing Increase in Mileage Allowance for City Employees Using Their Privately Owned Automobiles on City Business." 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: Councilman Godfrey, (1). 21. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6390 Resolution of the Council of the City of Alameda Amending Salary Resolution No. 6366 by Deleting One Position of Intermediate Typist -Clerk and Creating One Additional Position of Senior Typist - Clerk, in the Police Department." 501 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: Councilman Godfrey, (1). 22. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 8391 Resolution of the Council of the City of Alameda Adopting Specifications, Special Provisions and Plans for Resurfacing of County Road and Certain Local City Streets with Asphalt Concrete, Calling for Bids and Directing City Clerk to Advertise Same." 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: Councilman Godfrey, (1). 23. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6392 Resolution of the Council of the City of Alameda Appointing Member of the Recreation Connniooibo^* (Terry LaCroix) The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Godfrey, (1). 24. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6393 Resolution of the Council of the City of Alameda Appointing a Member of the Housing Authority of the City of Alameda.'^ (Cecil Burnley) The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Godfrey, (1). The President then declared all of the foregoing resolutions duly adopted. FILING: 25. Financial Statement - Bureau of Electricity, as of June 30, 1962 - Verified by 8acklemao & Larzelere. 26. Annual Report - Bureau of Electricity, Year Ending June 30, 1962 - Verified by 8ocklemau & Larzelere. 27. Uniform Building Code Standards, 1961 Edition (three copies). 28. Uniform Building Code, 1981 Edition (three copies). 29. Specifications, Special Provisions and Plans No. 9W 8-62-15 - Resurfacing County Road and Certain Local City Streets with Asphalt Concrete. BILLS: 30. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $98,413,59, 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 Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on August 7, 1962, 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: Councilman Godfrey, (1). 31. Councilman Rose suggested everyone tune in KTVU, Channel 2, this evening at 10:00 o'clock, at which time the visit between the Mayor and the Dillenbeck family from Lidingo, Sweden, Alameda's Sister City, would be shown. Councilman McCall spoke of the visit of Mr. and Mrs. Juney Dillenbeck and their two sons at City Hall this date. He stated they had been extended the City's hospitality during a complete tour of Alameda and had been thrilled with their reception. He remarked that Mr. Dillenbeck is the Controller for Scandinavian Air Lines and he was very enthusiastic about the Sister City program. Mr. Dillenbeck particularly mentioned the Telstar program in which Alameda had such an important part and said the people of not only Sweden but also Europe had been greatly impressed. Councilman McCall emphasized that this had indeed been invaluable publicity for Alameda. The President acknowledged and thanked Councilman McCall for his efforts in the arrangements which made Alameda's role in this event possible. ADJOURNMENT: 32. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, August 21, 1902, at 7:30 o'clock. Respectfully subm ted,