Loading...
1963-09-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, SEPTEMBER 3, 1963' The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Allegiance was led by Councilman Freeman and was follnwedby au.ivapiring Invocation delivered by The Reverend Mr. Harold Donaldson, Minister of the Assembly of God. 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 August 20, 1963, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Citizens' Advisory Committee for Community Improvement, signed by Mr. Sumner M. Graham, Chairman, in support of the Council's adoption of the ordinance to suspend issuance of Building Per- mits in the Park Centre Project, as requested by the Redevelopment Agency. The communication was to be acknowledged and referred to the file on the redevelopment project. Said ordinance was listed on the agenda for consideration later in the meeting. ORAL COMMUNICATIONS: *^ ' 3. Mr. Wilfrid Keene, 1421 High Street, representing some twelve fraternal organizations, read a letter in full, dated August 31, 1963, in opposition to the requested adoption of an ordinance to "freeze" the issuance of Building Permits in the redevelopment project. It was claimed that this method would handicap any desire to make major improvements, repairs or to maintain the existing Lodge Halls. 4. Mr. G. N. Pope, 1820 Bay Street, spoke of the deplorable condition of the City sidewalks in front of various properties where construction of buildings was being carried nn. He felt some pro- visions should be made for temporary walkways in front of such premises, as well as to block off the broken sidewalk area for the safety of pedestrians. Mr. Pope also referred to the City Budget and asked the City Council to seriously consider keeping the tax rate as low as possible. He felt the funds allocated to the Alameda Chamber of Commerce under its annual contract could be decreased. Further, he believed the funds set up for the Library should be given another hard look. Mr. Pope also registered his opposition to the proposed "freeze" of Building Permits. 5. Mr. Frank Gottstein, 731 Haight Avenue, reiterated his belief that the manpower of the Police Department should be increased to adequately handle the growing population and the great amount of vandalism which had been occurring. v 6. Mr. Lynn B. Wolcott, 1609 Broadway, referred to the heavy traffic now travelling on Broadway, especially the large trucks. He asked that the Council take some action to give the residents on this thoroughfare some relief from the noise and vibrations caused by these large trucks. 7Y ,. Mr. Marshall F. Zahn, 29 Garden Road, referred to a petition which had been circulated some two years ago for the formation of an Assessment District forthe improvement of Garden Road. He said it was understood that some of the delay had been caused by the untimely death of City Attorney Annibale, but he would like to know the status of the matter at this time. Mr. Lee Eichelberger, Assistant City Engineer, explained that the Plans and Specifications for this project had recently been completed and the City was presently awaiting the return' from vacation of the special legal counsel. The City expected to then set into motion the procedure to effect the formation of such an Assessment District for said street improvements. Mr. Zahn stated the people in the area were anxious to have this street improved and he urged the Council to do whatever possible to proceed with necessary actions. H INCS; 8. The matter was submitted concerning the requested reclaoSification of property known as 1618 Fourth Street from the "R-]"` One-Family Residence District, to the oR-4", Neighborhood Apartment District, as petitioned by Mr, George W. Thomsen, owner. 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 application was considered had been sent to the Councilmen for their information. Upon request, Mr. Venable, Associate Planner, reviewed the history of the case and explained the circumstances involved in the proposed construction on this property. He pointed out that the par- cel in question adjoined an existing "R-4" District and the Planning Board had unanimously recom- mended the reclassification as requested. The City Attorney was called upon and stated the issue before the Council was whether the considera- tions of the Planning Board as to the effect of the proposed amendment of the Master Plan and upon the community's general welfare and the equities of the proposed amendment should be approved, modi- fied or disapproved. The President called upon any proponents in the matter - and there was no response. He then inquired ( if there were any opponents to the question and the following addressed the Council: Mr. Henry Loretz, 1615 Fourth Street, who expressed concern about this multiple construction causing more park- ing problem on their narrow street. Mrs. James Codino stated she owned two parcels adjoining the Thomsen property and queotinned'the probability of erecting a six-unit structure on this narrow lot and still maintaining the required side yard areas. She also inquired what was to be done with the existing old dwelling on the property. Mrs. Codino stated she was against the rezoning of this parcel. In answer to these questions, it was pointed out the Zoning Ordinance required that complete off- , street parking be provided, that there were yard area regulations to be met and, with regard to the dwelling presently on the property, the petitioner had stated to the Board he expected to remove or demolish it. The Councilmen then entered into considerable discussion of the situation. It was developed that after the rezoning was accomplished, Mr. Thomsen could then request certain variances from the Plau- ning Board in connection with his proposed structure. Another item of concern was the existing dwelling on the property - there being no absolute assurance that the owner would either actually remove or demolish it. Further, dissatisfaction was expressed with the plan for locating the car- ports at the front of the sixplex. discus- sion, it was felt the petitioner should be available to answer questions with regard to certain detailo. Therefore, the President declared the Hearing continued to the next meeting of the Council on September 17, 1963, and the City Clerk was instructed to so inform Mr. Thomsen and request his presence at that time to clarify certain points. ' . 9/ Ihe matter was called up concerning the Appeal, filed by Mr. Aubrey Crider, from the decision of the Planning Board to deny a Use Permit for the operation of a pizza parlor at 535 Pacific Avenue by his lessee, Mr. Luigi Di Michele. The Clerk stated the Appeal was filed within the period required by the Zoning Ordinance and both Messrs. Crider and Di Michele had been notified that the matter would be presented to tbeCity Coun- cil for a Hearing at this time and place. It was pointed out that a Hearing on this oume,mutter was held by the City Council at a recent meeting (July 3, 1963). Upon request, Mr. Venable explained that the Planning Board had reviewed the second application at its last meeting even though the circumstances were unchanged insofar as the non-conforming use of the premises was concerned. The Board had again recommended denial of the Use Permit for this purpose. Mr. Cunningham stated the issue was whether or not the action of the Planning Board under'Sectieu 11-162(e) of the Zoning Ordinance in denying the Use Permit should be approved, modified or denied. The President inquired if there were any proponents who desired to speak on the subject. There was no response. He then called for any opponents to the question. Mr. Luigi Di Michele, 3850 Fruitvale Avenue, Oakland, lessee of the property in question, explained that he had spent a great deal of time and money in cleaning up and repairing the property. He emphasized that this pizza enterprise would be strictly a pickup and delivery .service. There would be no serving or eating on the premises. He pointed out he had arranged for this particular place because he was hoping to make a start here and build up his business, since he could not afford to pay the higher rent asked for a place on the main business street. There being no further persons interested in speaking on this matter, the President declared the Hearing closed. Councilman Freeman remarked that a Use Permit could be granted for a certain period and if there were any complaints about the operation of this type of business, the City could review the situation and revoke the Use Permit. She felt Mr. Di Michele should be allowed to make the attempt to establish such a business on the yremioea.in question. Councilmen La Croix and Rose expressed their belief that this was not the proper location for such an enterprise because of the number of cars which possibly would be stopping late at night: to pick up pizzas. Councilman McCall stated he had voted to grant a Use Permit when the Appeal came before the Council the first time - but he did not appreciate the fact that the same matter was again before the Council within such a short while. He said he would like to ask that the City Clerk write a memorandum to the City Attorney to request that he prepare an ordinance in amendment of the Zoning Ordinance which would prohibit the submission of any such matter within a period of either six months or one' year - depending upon the discretion of the Council with respect to the length of time. Therefore, under the circumstances, he would now vote to deny the Use Permit for the requested purpose. Mr. Di Michele made a final, earnest plea for the Council to reconsider and give him the opportunity to make a start in this business. He contended he would not have any amount of traffic calling for pizzas as he would operate only between the hours of 5:00 o'clock p.m. and midnight. Also, he would be glad to have the Use Permit granted with any restriction deemed necessary and if there were any complaints, he would close the business in this neighborhood. Y After some further discussion, Councilman Freeman moved the Council grant the Appeal and issue a , Revocable Use Permit for the operation of pizza service at 535 Pacific Avenue. The motion died for lack of a second. Councilman McCall then moved the Appeal be denied and the Council uphold the decision of the Planning Board to deny a Use Permit for the requested purpose at 535 Pacific Avenue. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Four. Noes: Councilman Freeman, (1). Absent: None. lO. Next called up was the matter of the Appeal, filed by Mr. Leonard Scott, from the decision of the Planning Board co deny his application for a Use Permit to allow a certain sign to "revolve" on the premises at 632 Atlantic Avenue. The Clerk atace6.tbe Appeal had baen.filed within the proper period of time as set forth in the-Zon- ing Ordinance and the applicant had been notified that a Hearing would be held by the Council at this time and place. Mr. Venable explained the situation pertinent to this case. Be.poinced out the sign was in place on top of the building in question and, under Section 1l-14B6 of the Zoning Ordinance, a Use Permit had to be granted by the Board to allow said sign to rotate. The Board had denied the requested Use Mr. Cunningham stated the issue before the Council was whether or not the Board's action in denying said'Doe Permit should be affirmed, modified or revereed. The President called for any proponents who wished to speak on the subject. Mr. G. N. Pope, 1320 Bay Street, stated he concurred with the decision of the Planning Board because he felt there were too many signs and he had spoken before the Board in opposition to allowing this particular sign to revolve because it was so high it would distract motorists. The President then inquired if there were any opponents to the denial by the Board and Mr. Leonard Scott, the Appellant, addressed the Council. He pointed out his place of business on which the sign was located set back about forty feet from Atlantic Avenue itself and, being approximately a block from Webster Street, it was felt necessary to have said sign revolve for effective advertising purposes. Mr. Frank Skurski, of "Ad-Art", the company which erected the sign, described the type of sign on the building and emphasized the advantage of a rotating sign for this specific location. A snapshot showing the several small commercial buildings in this vicinity was inspected by the Councilmen. There being no further speakers, the President declared the Hearing closed. Councilman Rose commented that he had inspected the site and he could see nothing objectionable to having `the sign in question revolve. He, therefore, moved the decision of the Planning Board be reversed, the Appeal be granted and the requested Use Permit be issued for the sign involved to rotate. The motion was seconded by Coyncilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERSL BOARDS, ETCETERA: ll. From City Manager, recommending contract be awarded to Woodson Morris, lowest and best bidder, for furnishing two Three-Wheel Carriers for the Golf Department, at the total cost of $2,278.72. Councilman McCall moved the recommendation be adopted and contract be awarded to the specified bidder for furnishing the designated vehicles at the price quoted. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12. Yrom City Manager, recommending contract be awarded to Peterson Tractor Co. for furnishing one Reconditioned D-4 Tractor for the Golf Department, at the total cost of $8,620., as the lowest and best hid. Councilman Freeman moved the recommendation be accepted and contract be awarded o the designated firm for furnishing said piece of equipment at the price quoted. The motion was seconded by Council- man Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13. From City Manager, reporting all work satisfactorily completed on the project of Installing Exposed Aggregate Concrete at Rittler Park - recommending it be accepted and the Notice of Completion . be ordered filed. Councilman Freeman moved the recommendation be approved; that the work on this 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: Five. Noes: None, Absent: None. I4. y From City Manager, reporting all work satisfactorily completed on the project of Resurfacing Certain Major City Streets - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Freeman moved the recommendation be adopted; that the work on said 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: Five. Noes: None. Absent: None. 15. From City Planning Board, signed by the Acting Secretary, recommending approval of Property Division Map, filed by Dr. N. D. McKean, covering Lots 1, 2, 3 and 8, Block 60, and a portion of Market Street (abandoned), located on San Jose Avenue - subject to the conditions noted in the City Engineer's Report dated August 23, 1963. Councilman Freeman moved the Council approve the Property Division Map covering said described par- cel, subject to the conditions set forth in the City Engineer's Report dated August 23, 1963, as filed by Dr. McKean. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. _/ lh. From City Planning'8oard, signed by the Acting Secretary, recommending approval be given to the name of "Poggi Street" for the proposed thoroughfare which will connect the westerly end of Buena Vista Avenue with Atlantic Avenue. Councilman La Croix moved the recommendation be adopted and the name of "Poggi Street" be given-to the street in question. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. 17)/ From City Manager, recommending contract be awarded to 8. V. Carter Co., Inc., for furnishing one Aerifier for the Golf Department, at the total cost of $1,035.00, as the lowest and best bid. Councilman Rose moved the recommendation be approved; that contract be awarded to the designated firm for furnishing said equipment. The motion was seconded by Councilman La Croix and carried^oo the following roll call vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: l8.~ With regard to the matter of the operation of the "Fire Boat" along the Estuary, the Clerk.reud in full a letter dated August 30, 1963, from the Alameda Chamber of Commerce, signed by Mr. W. F. Suman, President. It was stated the Industrial Committee had held a special meeting to ascertain the thioking.of.Alamedafizma located on the Estuary about the costs involved in the formation of a special district to be served by the fire boat. As a result, the Industrial Committee had unani- mously recommended that the "Chamber" oppose any participation by Alameda in a special fire district along the Estuary and further, that Alameda general tax funds should not be used to provide any portion of the expenses for an Estuary fire boat. Therefore, the Executive Committee of the Chamber subscribed and endorsed said recnmmeudation. It was recalled that The Honorable John F. Houlihan, Mayor of the City of Oakland, had written to the Alameda City Council under date of July 31, 1903, asking the City of Alameda to share in the cost of operating said fire boat pending the possible formation of a special district embracing the firms on both sides of the Estuary which would be the ones needing said protection against fire. At that time, it had been requested that the Alameda Chamber of Commerce poll the various firms as to their thinking on this question. Councilman McCall stated he would be guided by the recommendation of the group of Alameda taxpayers who had indicated their opposition to financially participating in the cost of operating and maintain- ing the fire boat. He, therefore, requested that the City Manager be instructed to notify the City Manager and the Mayor of Oakland that the City of Alameda would have no part whatsoever in said fire boat situation. It was so ordered. Mr. Weller remarked that he felt Mayor Houlihan's strong leadership in trying to resolve this long- standing problem was entirely proper and he commended him for it. NEW BUSINESS: / "/ lg. ,Councilman Freeman stated she understood there had been a presentation at the last Council meet- ing by Shore Line Properties, Inc. concerning its proposal for the development of Unit IV on the South Shore. She requested that the City Attorney provide a written opinion on whether or not the proposed development of Shore Line Properties, Inc. was in legal agreement with Ordinance No. 1148, New Series, wbich.embraced the Fill Agreement.- and its Modification - so that the Council could know the places where it was in conflict. Further, in any action the Council had taken which would necessitate a check, that the City Attorney review all areas to ascertain how the City stood. ` */, 20. Councilman La Croix inquired about the use of the City streets which were designated for truck routes and non-truck routes. Be noted that quite a number of trucks were travelling via Grand Street to the South Shore. He said it was his understanding that Grand Street south from Encinal Avenue was a non-truck thoroughfare and there was a sign to this effect on the southwest corner of Grand Street and Encinal Avenue. He observed that'tbere was not such a sign at the south end of Grand Street and he felt one should be posted at this location also. The Assistant City Engineer explained that the City, through the Police Department, had been working with the contractors with regard to this problem and he felt they had been endeavoring to cooperate. It was developed that many of the trucks were those delivering merchandise to the commercial estab- lishments, as well as to construction sites and it was suggested notification of truck routes should be made known to all concerned. The City Manager was'to investigate the matter of posting signs. RESOLUTIONS: 21. The following resolution was introduced by Councilman Freeman, who moved its adoption:' "Resolution No. 8510 Authorizing City Attorney to Dismiss Court Actions Commenced in 1957 in Order to Secure Necessary Lagoon Easements, Which Have Been Obtained." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: Nnne, Absent: None. 139 22.. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6511 Adopting Specifications, Special Provisions and Plans for Improvements to McKinley Park, 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 23. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution 0n. 6512 Accepting the Imposition of Highway Users Taxes and Fees Pursuant to Chapter 1852, Statutes of 1963." 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. 24. Councilman Rose read a prepared statement in summary of the fiscal condition of the City as submitted in the City Budget by the City Manager and also concerning the fixing of the tax rate for 1903-1904. Councilman Rose then introduced the following resolution and moved its adoption: "Resolution No. 6513 Resolution of the Council of the City of Alameda Approving and Adopting a Budget for the Fiscal Year 1963-1964; Appropriating Certain Moneys for the Expenditures Provided in Said Budget for Said Fiscal Year and Ratifying Certain Expenditures Heretofore Made." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following 25. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6514 Fixing the Rate and Levying a Tax on All Real and Personal Property in the City of Alameda for the Fiscal Year 1963-1904 and Apportioning the Same Among the Several Funds of the Cicy." ($2.40) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following / 26. vAt this time, Councilman Rose referred to the City's annual contributions to the Police and Firemen's Pension Fund and stated that several months ago he and.Couucilmun McCall had been appointed as a committee to make a survey of said "Fund". Be remarked that at present they were waiting for the report frmn,tbe actuarial firm and upon receipt thereof, the committee would make its study in consultation with Mr. Weller and eventually submit some recommendation for appropriate action. 27. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6515 Designating Certain Streets in the City of Alameda as Major City Streets." The motion to adopt said resolution was seconded by Councilman La-Croix and on roll call carried by the following th � ll i ug voce, Ayes: Five. Noes: None. Absent: None. The President then declared all of the foregoing resolutions adopLed. ORDINANCES FOR PASSAGE: 28. "Ordinance No. 1437, . 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." Councilman McCall moved the ordinance be adopted as submitted. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 29. "Ordinance No. 1438, New Series An Ordinance Amending the Plumbing Code and Heating and Ventilating Code of the City of Alameda by Amending Sections 8-3.051, 8-3.052, 8-3.053 and 8-16,06 Thereof, Relating to Fees." . Councilman La Croix moved the ordinance be adopted as submitted. The motion was seconded by Council- man Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ]� °� � ���� �� 30, "Ordinance No. 1439, New Series An Ordinance Amending Section 12-233 of the Alameda Municipal Code, Relating to Advertising Structures, and Permits, Fees and Inspection Thereof." Councilman La Croix moved the ordinance be adopted as submitted. The motion was seconded by Council- man Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31/ "Ordinance No. 1440, New Series An Ordinance Temporarily Suspending the Issuance of Building Permits in the City of Alameda Park Centre Redevelopment Project No. Calif. R-63." Councilman Rose moved the passage of the ordinance as submitted. The motion was seconded by Council- man La Croix. Speaking on the question, considerable discussion ensued. Councilman La Croix reiterated his belief that this ordinance should be recorded in order that any prospective purchaser would be informed through the title search on any of the properties in this area as to this condition. Mr. Cunningham explained that he and Mr. Hanson, Attorney for the Redevelopment Agency, had discussed the matter and they were attempting to determine upon some method by which this could be accomplished satisfactorily. Councilman Freeman questioned the advisability of making such a restriction for such a long period. She felt it was depriving present property owners from building or remodeling and thus restricting the use of their property. It was pointed out that the Redevelopment Agency had assured the City Council it desired very much to cooperate with any developer who might wish to erect any structure or improvements which would be compatible with the plan of the "Agency". Councilman McCall also expressed his concern about the restriction this ordinance would place on any proposed major alterations or improvements in the given area. It was again emphasized that the Council would still be able to amend the ordinance at any time it was found desirable to do so. Mr. Wilfrid Keene, 1421 High Street, on behalf of the several fraternal organizations he represented, once more expressed opposition to the proposed "freeze". Councilman Freeman contended that private enterprise should be encouraged to improve this area, instead of which the proposed ordinance would be freezing an individual from selling his laod'for redevelopment by private moneys. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen La.Croix, Rose and President Godfrey, (3). Noes: Councilmen Freeman and McCall, (2). Absent: None. 32. "Ordinance No. I441, } 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." Councilman Freeman moved the ordinance be adopted as submitted. The motion was seconded by Council- FILING: 33. Final Budget - City of Alameda - Fiscal Year 1963-1964. 34. Specifications, Special Provisions and Plans No. PW 8-63-18 - McKinley Park Improvements. BILLS: 35. An itemized List of Claims egainot.the City of Alameda and the Departments thereof, in the total amount of $52,415.12, 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 September 3, 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: Five. Noes: None. Absent: None. / 36.' *At this time, Councilman McCall announced that the Testimonial Dinner in honor of Mr. Otto C. Rittler, retired Superintendent of Recreation of the City of Alameda, would be held at the Hotel Alameda on Saturday evening, October 12, 1963. A large crowd was anticipated to pay homage to Mr.. Rittler in view of his leadership for many years in promoting athletics and sportsmanship. Also, on this day, "Otto C. Rittler Park" would be dedicated. 37. Councilman McCall also publicized the appearance on Friday evening, September 6, 1963, of the famous Marine Drum and Bugle Corps of Hawaii at Thompson Field, for a Sunset Review. A parade would start from Jackson Park at 7:00 o'clock. He urged all City Officials and friends to plan to attend and participate in this program. ADJOURNMENT: 38. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, September 17, 1963, at 7:30 o'clock. Respectfully yubmi d, Clerk � ^� �� ���� __