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1961-01-03 Regular CC MinutesPECIML\R NETTING OF THE COUNCIL OF THE CITY OF ALAMEDA - HELD TEESDAY EVENING, JANUARY 3, 1961 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance. was led by Councilman Freeman and was followed by an inspiring Invocation which was delivered by The Reverend Richard D. Alderson, Minister of First Church of the Nazarene. ROLL CALL: The roll was called and Couneilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. MINUTES: ... 1. The minutes of the regular meeting held December 20, 1960, VAere approved as transcribed. WRITTEN COMMUNICATIONS: From Regional Water Pollution Control Board, signed by Mr. John B. Harrison, Executive Of submitting copy of Board's Resolution No. 3146, rc procedure to be followed in designating Public Water-Contact Sports Areas in San Francisco Tay Region. It was requested that the Board be informed. if the City has any plans for development of such areas at present or within a specific future Lime. Following some discussion, the City Attorney was asked to investigate the. scope of the Board's jurisdiction in this respect. It was also stated that the City has no plans for present or future development of water-contact sports areas. 3. From Christ Episcopal Church, signed by The Reverend Wilfred H. Hodgkin, in commendation and thanks to the Police and Fire. De.partments for the extremely fine iob they did at the scene of the fire which destroyed the Church on December 27, 1960. The communication was noted with appreciation and ordered filed. ORAL COMMUNICATIONS: 4. Nt. G. N. Pope , 1320 Bay Street, addressed the Council at length concerning the proposed sale of a portion. of Washington. .Park Fill Area to the State of California for the development of a State. Beach-Park. ne strongly objected to said sale by the City. Mr. Pope also raised several questions with regard to the bond issue originally authorized for the acquisition of this area and the currant status of the finances involved, which were discussed by. the Council, the City Manager and the. City Attorney. HEARINGS: R. The matter was called up concerning the reclassification. of certain properties ii . the block bounded by Buena Vista Avenue, Paru Street, Pacific Avenue and Stanton Street, from the 0R-2", Two-Family Residence, to the "R-5", General Apartment, District. The petition requesting this rezoning had been filed by Mr. Alfredo Soria, at al— The Clerk stated there was an file the Affidavit of Publication. of the Notice of Hearing ifl this matter and the Planning Board file containing all pertinent data relative thereto. The Planning Board had recommended the denial of the petition. Nr. Schoenfeld, Planning Director, reviewed the background, and indicated the land use and zoning of the block in question as illustrated. by several maps displayed, for the Council's information. • The following proponents for the reclassification addressed. the Council: Mrs, Alice Mdcheli and har son, Mr. E. Micheli, 1560 Buena Vista Avenue, and Mr. C. R. Leach, 1592 Buena Vista Avenue. Messrs. Mieholi and. Leach stated they would be satisfied with a rezoning to the "R-4", Neighbor- hood Apartment, District, which would permit proper development of some of the larger lots involved. It was also brought out that there are thirty-three property owners in this block, twenty-nine of whom signed the petition . in request of the reclassification. Opon inquiry of the President, there were no opponents to the requested rezoning and the. H aring was then declared closed. Councilman Collischonn. thereupon moved that the recommendation of the. Planning Board to deny the reclassification of this area to an "R-5" District be upheld and the Council then. reclassify this block bounded by Buena Vista Avenue, Paru Street, Pacific Avenue and Stanton Street from the "R-2" District to the "R-4", Neighborhood Apartment, District. The motion wns seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Councilmen Collischonn, Freeman, Petersen and President McCall, (4) , Noes: None. Present: Councilman Schacht, (1), who stated he would abstain from voting because he was the legal counsel. for Mr. Soria. Absent: None. The necessary ordinance: will be prepared for in at the next meeiXD1p, of the Council. 6. The matter was then presented concerning the. Appeal by Sam and Bahia Mitry, 1337 Pearl Street, from the. decision of the Planning Board Lo deny their application for a variance to encroach two feet:, eight inches into the front yardd area of their property for a distanee of thirty feet. The Clerk stated Mr. Stanley D. 53 a1 tiny, Attorney, wms representing the appellants and he had been, notified that the matter would come: before the Council at this meetmhag. Copies of the minutes of 303 tn e mee Ling of the P 1 ann ing Board he ld December 27, 1960, at which this application had been.. con- sidered, h.ad been distributed to the. Contileh„ for their reference. Mr. Schoenftld, Planning Director, outlined in, detail the. circumstan.ces involved in this proposed development by display of a. plot plan of the lot and a. sketch. showing the sCL) ack lines of the build ing. in question as it relntes to the tewo adjaCent struRct-Axeb . • Mr. James R. Brummur, Chief of the. Inspections Division, explained the method by which the proper setback is determined. Mr. Whitney addressed the Council at length ;:'!Ti bebalf of his clients, emphasizing that the. slight Mrianee requested would not evc n. be dutecrable because of the ex i sting irregu lar setback 1 Ines of the structures in this block, He revjewed the history of the case and claimed heis clients hod been. misinformed con.cerning certain. relevant requ irement s • Mr. Whitney stated that Mr. 511 try deserves great consideration in this matter and this minor varian.ce should be granted. The President then called for any opponents who might wish to speak. Mr. Abraham Jaber, 1359 Pearl Street, spoke strongly against Lhe granting of this variance, contending that the setback encrouchment would obstruct ale view of thc . two adjoining buildings and ruin the uniformjty of the block. great deal o discussion. ensued in exploration of a mutually satisfactory adjustment for this development. The regulations of the Zoning', Ordinance were aJso qutstioned with. respect Lo the dif- ferential in the setback requirements in that they are 1 moximum of twenty feet. in some cases and the "averages of the block" in other instances. Reference was m,:.ade to a.. statement by Mr. Warren Isaacs 01 this subject at the Planning Board meeting of December 27, 1960, and it was felt those mdnutes should be made as part of this Hearing. There being no objections, it was so ordered. Following further discussion, the President :7 the Hearing closed. Councilman Schacht then moved the Appe.al by Sam and Bahia Mitry be granted.; that the Council reverse. the decision of the Planning Board and allow thee reqncsted variance of two feet, eight inches in thc . setback line for a distanee of thirty feet. The mietjm-aa was secondud by President McCall and. carried on the following roll call vote. Ayes: Councilmen Petersen, Schacht and President McCall, (3). Noes Councilmen Col 1 ischoan and Freemola, (2) Absent : None. REPORTS OF , R, tmTRoc CERA: _rug • ,...7soeuem=.E, V 7 . From C i ty Manager , recommend ho: con tract he. awarder:1 to Bean & • Cavnna ugh , low b idder , for furn i sh Ins one S tat i on t,lagon for the Fire. Department , 00 the total cost o1 $2,053.28. Councilman. Schncht moved the recommendation be approved; that contracts be. awarded to said firm. for furnishing .this vehicje at the total . cost quoted. The. motion. 1010 e conded hy Councilman. Collisehonn and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. 2' City Manager, recommending contract. be awarded to MT. Pete Alexander, sole bidder, for operation of the Refreshment Concession. in several 05 the City Parks and i(1 . the beach area during 1961, at the total payment to the City. of $1,000. Councilmnei Freeman moved the recommendation be adopted; that contract for said Concession be awarded. to Mr. Alexander for the payment quoted. The motion :3(0 seconded by Councilman Collischonn and carried by the following roll call vote. Ayes: Five, Noes: None. Absent: Non.P. - rrom City Manager, reeemmenmling contract be clwrded to J. F. Wise Construction Co., low bidder, for the project of Installing a Storm Drainage System in Oak Street, between Blanding Avenue. and Lhe Estuary, at: the total cost of $9,969.25 On Alternate II, Counhilman Freeman. moved the recommendation be accepted; that contract be .1 I2$ to the designated Company for the pecified. project n t the total coot . quota . The motion we s seconded by Counci lman Schacht and ofl . roll call 01 0.111 by the followlng vote:. Ayes: Five. Noes: None. Absent: None. - 10. From City Clerk, certifying to the sufficiency of the petitions circulated by members of the Fire. Department "for Sulm-nission to Electors of Proposed Amendment to the. Charter of the City of Alameda and County of Alameda" concerning the question o the reduction of the duty week for. fire.men. The certification was noted and ordered filed. INTRODUCTION OF ORDINANCES: 11. 013001 l,' 001.11, L1 introduced the following ordinance, after whic7 . it was 13111 over under provision of law and the Charter: uOtrelince No. New Series An. Ord inahee Authorizing the Sale of Certain City-Owned Real Property to the. State of Californcia (Portion of Washington Park Fill Area)." UNE: ITCHED BUSINESS: 12. Counci Iran Petersen. inquired if the Counc il is going to give consideration to amending the Charter or taking steps to have a completely new Charter written and submitted to the electors. President MOCall- read a p1 A037ara. statement on the subject, 5.13.70 '[111 that it would be more sensible to h.ave a survey made to determine what changes in the Marter should be proposed ..and sub :mined. to the people. lie stated it would be premature to authorize a Freeholders Election '10 this time. Ile referred to a itizens Advisory Committee which had been appoin.ted 111 1950, to ::o 00 3 study of various governmental procedures and it had submitted a report on its recommendations in 1951. President McCall indicated that such a. Canmittec could. be in appointed to study the Charter. and submit recommendations to the Council. Following a. discussion, Mr. Weller stated that 5 the Council should decide to establish this Com- mittee, he would suggest there be some definite statement made, authorized by the Council, setting forth precisely what the Committee. is expected. to do and the period. of time within. which it should act. He said that if he had an expression. from the Councilmen about the scope of Lheegroup's work, he could then. draft some plan for consideration bv the Council at its meeting on Uanunry 17. It was determined. this matter would be given further consideration at the next meeting. NEW BUSINESS: 13V Councilman Freeman mentioned the alleged overly-restrictive provisions of the City's Zoning Ordinance which apparently cause constant pressure on the City Planning Board and Planning Depart- ment. She suggested some study should be made of certain regulations. Considerable discussion took place on several aspects of the Zoning Ordinance but no definite action was token RESOLUTIONS 14. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6166 Adopting Specifications, Special Provisions and Plans for Wrecking and/or Removal of Building Located at 1631 Everett Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman. Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None... Absent: None. kJ/ 15. The following resolution was introduced. by Councilman Collischonn, who moved its adoption) "Resolution No. 6167 Ratifying AppointMent by City Clerk of Deputy City Clerks to Check Signatures on Freeholders Charter Amendment Petition." The motion to adopt said resolution. was seconded by Councilman. Schacht and on roll call carried by the following vote. Ayes: Five. . Noes: None, Absent: None. 10N. The followins resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6168 Calling General Municipal Election to be Held in the City of Alameda on Tuesday, March 14, 1961; Establishing Election Precincts; Fixing Number of Election Officers on the Board of Election for Each Precinct; Fixing Compensation of Election Officers and Designating Hours of Voting." The motion to adopt said resolution was seconded by Councilman. Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent.: None. The following resolution was introduced by uncilman Collischonn, who moved its adoption) "Resolution No. 6169 Resolution of the Council of the City of Alameda. Proposing an Amendment to the. Charter of the. City of Alameda on Petition. Signed by Fifteen. Per Cent (1511) of the Registered Electors; Calling a Special Municipal Charter Amendment Election in the City of Alameda for the. Purpose of Submitting to the Electors of Said City a Proposal Lo Amend the Charter of Said City, viz: By Adding Section 22-12 to Article XXII of Said Chartar, Relating to, the Limitation of Working Hours of Uniformed Personnel of the City of Alameda Fire Department; Fixing the Date of Said Election, the Manner of Holding the Same, and Providing. for Notice Thereof; and Consolidating Said Special Municipal Charter Amendment Election with. the General Municipal Election to be Held in Said City on March 14, 1961." The motion. to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. The following resolution was introduced by Councilman Freeman, who moved its adoption; "Resolution No. 6170 Resolution 05. the Council of the. City of Alameda. Expressing Commiseration on Behalf o the. Citizens of Alameda in the Appalling Destruction of Christ Episcopal Church." The •motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes; None. Absent: None. 19. The following resolution was introduced by. Councilman Freeman, who moved its adoption: "Resolution No. 6171 IN MEMORIAM TO MR. CARL THORWALD EKLUND "WITH A. SPIRIT OF Sr DNESS, the Council of the City of Alameda records the death of one of its former employees, Mr. CARL THORVALD EKLUND, 011') had served the City for a period of twenty-eight years. "WEEREAS, Mr. Eklund was employed by the City of Alameda as a fireman.. on November 8, 1909, and rose through the ranks to the position of Captain, in which. capacity he was serving at the time o his retirement on. February 2, 1937; and "WNEREAS, Mr. Eklund had performed the duties of his several positions diligently and faithfully and in full cooperation with. his fellow firemen. "NOW, THEREFORE, IT IT RESOLVED, that, in recognition of his loyalty. and efforts on behalf o1 the City, the Council of the City of Alameda hereby expresses its gratitude for his capable service during the long period of his employment. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and a copy thereof be forwarded to the family of Mr. Eklund, Chat it may extend to its members 3 sincere expression of sympathy and condolence in their bereavement; and "BE IT FURTHER RESOLVED, that when this meeting 0! the Council of 0110 City of Alameda adiourns, it...shall do so in respect to the memory of Mr. Carl Thorwald Eklund." The motion. to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 20. "Ordinance. No. 1359, New Series An,Ordinance Amending the Alameda Municipal Code by Amending Sections 11-1325, 11-1326 and 11-1327 of Article 3, Chapter 1, Title XI, Thereof. (Zoning Ordinance - AP District).tt Councilman. Collischonn moved the ordinance be. adopted as submitted. The motion was -seconded by Councilman. Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 21. Financial Statement - Bureau 06 Electricity, as of November 30, 1960. - Verified by Hackleman & Larzelcre. 22. Specifications, Special Provisions and Plans No. PW 1-61-1 - Wrecking and/or Removal of Building at 1631 Everett Street. BILLS: 23. An itemized List. of Claims against the City of Alameda and the Depzirtmlents thereof, in the. total amount of $31,016.50, was presented to the Council at this meeting. The. List was accompanjed 1)3 certification tiom 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,Clork on. January 3, 1961, and presented to the Council at this meeting, be allowec . and paid. The. motion was seconded by Councilman. 60115 0011030 and carried on the following roll call vote. Ayes: Five. Noes; None. Absent: None. ADJOURNMENT 24. There been no further business to come. before the meeting, the President asked for all to stand for a mment: of silence in respect to the memory of 6r. Carl Thorwnld Eklund. The Council then adjourned - to assemh.le in regular session on Tuesday evening, January 17, 1961, at 7:300 '0 1011k. :S.sspcctilully subm t Led ,