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1961-03-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF &LAMED& HELD TUESDAY EVENING, CB 7 1961 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegi- ance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by The . Reverend Jun FUjimori, Pastor, Buena Vista Methodist Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5),,were noted preaeut. Absent: None. 1. The minutes of the regular meeting held February 21, 1901, were approved as transcribed. { WRITTEN COMMUNICATIONS: / `/ 2� From Mr. Harrison D. Julien, 227 Beach Road, requesting that the lights on the Golf Driving Range be relocated to eliminate the annoying glare to the residents in the vicinity. The matter was referred to the City Manager for his investigation to ascertain how this nuisance could be remedied. / 3. From Aeolian Yacht Club, signed by William F. Gorman, Rear-Commodore, concerning the silting of San Leandro channel through the dredge-and-fill operations of Utah Construction Company which has obstructed the Club's navigation and access to San Francisco Bay. It was urgently requested that the City Council exercise the authority vested in it to restore these rights to the Club by taking whatever action is necessary to have the waters in the vicinity of the Club and the Channel to San Francisco Bay cleared of the deposited obstruction to navigation. Reference was made to the letter from the O. S. Army Corps of Engineers, dated February 21, 1901, a memorandum from the City Attorney, excerpts from the minutes of the City Council meeting of March 1, 1955, and from the minutes of the Planning Board meeting of April 1, 1957, pertaining to this subject - copies of which had been sent to the Councilmen. Councilman Freeman stated she would like to make a motion that a letter be sent to Utah Construction Company requesting it to install the mud dike as required in the Fill Agreement and, also, a letter be sent to the O. S. Army Corps of Engineers in San Francisco, asking that it inspect said construc- tion to be sure it was the proper type. There was no second. Councilman Freeman felt the Aeolian Yacht Club has a clear-cut case in that it has proof that prior to 1954 the members could navigate this channel and now they can no longer do so. Mr. William F. Gorman, 3309 Fernside Boulevard, stated the main issue is that the Club members are not now able to use the waters of San Leandro Bay and the Channel at all tides. He then introduced Mr. Charles Thau, 2823 Central Avenue, who reviewed the circumstances which have caused the obstruc- tion. He contended the City has a responsibility to force Utah Construction Company to rectify this condition. Upon request, Mr. Annibale stated this matter is under study and a subsequent report will be made insofar as the legal aspects are concerned. Be recommended his office be given sufficient time to research the problem. He pointed out this situation involves not only the jurisdiction of the City but also that of the State and Federal Governments as well as the Fill Agreement between the City and ^/Otah" - and all of these factors should be fully investigated in fairness to Aeolian Yacht Club and all other interested parties. Considerable discussion was had on this matter in general and the proper procedure to pursue to effect remedial action. Councilman Freeman contended the City has a good case and it recognizes the Aeolian Yacht Club has a valid claim and she felt the Council has the right to present its evidence in a letter to the D. S. Corps of Army Engineers. Following further discussion, Councilman Freeman restated her motion to the effect that the Council inform the U. S. Corps of Army Engineers it does not agree with its letter of February 21, 1961, that the Council recognizes it has a responsibility to the community and it recognizes as a fact the statement of the Yacht Club that it cannot use the channel. Also, that whichever agency is in charge of the Corps of Army Engineers investigate to ascertain if the permit issued has been completed - and letter should be sent to Congressman Miller enclosing copies of all pertinent data on the subject which shows the City's concern. She said such letters should also be sent to Senators Engle and Kuchel and to Assemblyman Crown and State Senator Holmdahl. The motion was seconded by Councilman Petersen. Speaking on the question, Councilman Collischonn stated he would vote "No^^ on the motion because such action would be inappropriate at this time. He felt the Council should have more facts concerning all legal aspects of this problem to better substantiate its claim toward the clearing of this channel. Councilman Petersen concurred and felt action should be taken on the entire matter at the same time after the Council has obtained complete information. At this point, upon request of Councilman Freeman, Councilman Collischonn withdrew his vote and Councilman Petersen withdrew his second. Councilman Freeman thereupon amended her motion that any information from the City Attorney which will help the cause of the City be incorporated in the letters to the parties concerned and, further, said letters will not be sent until such data is available. ������ ��V� 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. 24. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6192 Resolution of the Council of the City of Alameda Approving and _ Authorizing Execution of Master Agreement nith.State of California for Expenditure of Funds Allocated from the State Highway Fund to Cities." 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, ^ ' 25. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6193 Resolution of the Council of the City of Alameda Appointing Member of the Library Board." (Mrs. Kenneth Stanton) The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: 0ooe, Absent: None. 26. "Resolution No. 6194 Resolution of the Council of the City of Alameda in Commendation of Douglas D. Stafford, M. D,, for His Meritorious Service to the City of Alameda." The motion to adopt said resolution was seconded by Cguocilmau Collischonn and on roll call carried by e following vote. Ayes: Five. Noes: None. Absent: None. 27. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 6195 Resolution of the Council of the City of Alameda Commending William G. Werner for His Many Years of Public Service." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: 0oue, Absent: None. 28. The following resolution was introduced by Councilman Freeman, who moved its adoption: The motion to adopt the following vote. "Resolution No. 6196 Resolution of the Council of the City of Alameda Expressing Commiseration on Behalf of the Citizens of Alameda in the Extensive Damage by Fire to the First Assembly of God," said resolution was seconded by Councilman Schacht and on roll call carried by Ayes: Five. Noes: None. Absent: None. 29. The following resolution was introduced by President McCall, who moved its adoption: "Resolution No. 6197 Resolution of the Council of the City of Alameda Amending Salary Resolution No. 6103 Relating to Compensation for and Positions of Officers and Employees of the City of Alameda (Auditor-Assessor and Treasurer-Tax Collector)." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Petersen, (1). Absent: None. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 30^ "Ordinance No. 1362, New Series An Ordinance Authorizing the Execution of a Lease of Certain Real Property to the County of Alameda to be Used for the Purpose of Maintaining and Operating an Existing Veterans' Memorial Building, and Approving the Form and Terms of Said Lease." Councilman Schacht moved the ordinance be adopted as submitted. The motion was seconded by Council- man Collischonn and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. �� ��� �� �L�� UNFINISHED BUSINESS: 19. The matter was broached concerning the salaries of the Auditor and the Treasurer of the City of Alameda,on which the City Manager was asked at the last meeting to submit information to the Council- men for their consideration prior to this meeting. After some discussion, Councilman Collischonn moved the Council adopt a resolution approving a three- step salary raise for both the Auditor and the Treasurer which would set the following range: 1961, $875.; 1962, $925.; 1983, $975. The motion was seconded by Councilman Freeman. Councilman Schacht moved the motion be amended to delete the "step" plan and establish the said salaries at the flat sum of $1,000° per month commencing on April 18, 1961, at 8:00 o'clock p.m. The motion was seconded by Councilman Petersen and on roll call was defeated by the following vote. Ayes: Councilmen Petersen and Schacht, (2). Noes: Councilmen Collischonn, Freeman and President McCall, (3). Absent: None. The question was then put an the original motion and it was defeated by the following roll call vote. Ayes: Councilmen Collischonn and Freeman, (2). Noes: Councilmen Petersen, Schacht and President McCall, (3). Absent: None. After further discussion, President McCall moved a resolution be adopted which would establish the salaries of the Auditor and the Treasurer at the sum of $900. per month beginning April 18, 1961, at 8:00 o'clock p.m. The motion was seconded by Councilman Collischonn. Councilman Schacht moved the motion be amended to set the salaries of the officials in question at the amount of $950" per month. The motion was seconded by Councilman Petersen and was lost on the follow- ing roll call vote" Ayes: Councilmen Petersen and Schacht, (2). Noes: Councilmen Collischonn and President McCall, (2). Present: Councilman Freeman, (1). Absent: None. The question was then put an the current motion which carried by the following roll call vote. Ayes: Councilmen Collischonn, Freeman, Schacht and President McCall, (4). Noes: Councilman Petersen, (1). Absent: None. The matter was then referred to "Resolutions". RESOLUTIONS: 20^ The following resolution was introduced by Councilman Collischonn, who moved its adoption: ”Resolution No. 0188 Resolution of the Council of the City of Alameda Establishing Election Precincts, Designating Polling Places Therefor and Naming Officers of Election for Each Precinct for General Municipal Election Consolidated with Special Municipal Charter Amendment Election to be Held on Tuesday, 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. 21, The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6189 Resolution of the Council of the City of Alameda Adopting Specifications, Special Provisions and Plans for Reconstruction of Versailles Avenue from Fernside Boulevard to Marina Drive, 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. 22. The following resolution was introduced by Councilman,Schacht, who moved its adoption: "Resolution No. 6190 Resolution of the Council of the City of Alameda Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model, 2-Ton, 4-Wheel Drive Dump Truck, for Street 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. 23. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6191 Resolution of the Council of the City of Alameda Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model, One-Half Ton, 4-Wheel Drive Pickup Truck, for Street Department, Calling for Bids and Directing City Clerk to Advertise Same." Messrs. John V. Russell, 1941 Sand Creek Way; Roy Nason, 3255 Fernside Boulevard; and Kenneth Appel, 3244 Saddle Drive, Hayward, also spoke in favor of Mr. Tees' proposal. The President then declared the Hearing closed and,uaked the pleasure of the Council. Councilman Schacht thereupon moved the Council grant the Appeal and overrule the decision of the Planning Board. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote., Ayes: Councilmen Collischonn, Schacht and President McCall, (3). Noes: Councilmen Freeman and Petersen, (2). Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: ll. From. Alameda Recreation Commission, signed by Mr. Daniel J. Rourke, Chairman, recommending the construction of a Swim Center on the Encinal High School site and suggesting an early meeting between the City Council and the Board of Education for a joint discussion of said recommendation. The City Manager was asked to arrange a mutually satisfactory time, preferably an a second or fourth Tuesday night, for such a meeting. It was also requested that Mr. Weller prepare and submit to the Councilmen a report on this matter prior to said meeting. 12v~ From City Planning Board, signed by the Secretary, recommending denial of the petition from Ralph and Mary Kearney to rezone certain properties south of San Antonio Avenue and west of Weber Street from the "R-2", Two-Family Residence, District to the "R-4", Neighborhood Apartment, District. It was noted that copies of a letter from Mr. and Mru. Kearney in protest against the Board's decision had been sent to the Councilmen. The date of Hearing in this matter was set for the next meeting of the Council, to be held March 7, 1961" 13. From Acting City Manager, reporting all work satisfactorily completed on the project of Install- ing a Storm Sewer in Ninth Street between Buena Vista Avenue and the Segregation Line - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Collischonn 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 Freeman and unanimously carried. � l4. From City Attorney, submitting a report with regard to the procedure on the suggested revision of bus fares. This was with reference to the City's suggested reduction of fares for "Sunday Passes", "Shopper's Special" and for students on week-ends and holidays. Following some discussion, Councilman Schacht moved the City Clerk write to the Board of Directors of Alameda-Contra Costa Transit District submitting the Council's position as outlined in the City Attorney's letter and requesting that the Council be informed of the time and place when this matter will come before the Board. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: Nona, Absent: None. � l5° From Acting City Manager, reporting all work satisfactorily completed on the project of Install- ing a Culvert in the Intersection of Caroline Street and Fair Oaks Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Schacht moved the recommendation be followed; that the work on said project be accepted and the Notice of Completion be filed., The motion was seconded by Councilman Freeman and unanimously carried. \/. 16. From the Mayor, nominating Mrs. Kenneth (Esther) Stanton, 1355 Hansen Avenue, for appointment, as a member of the Library Board to fill the unexpired term of Douglas D. Stafford, M. D., which term will expire June 30, 1963° . The matter was referred to "Resolutions".' Mrs. Miles McNeese, 517 Santa Clara Avenue, addressed the Council with regard to Board appointments and asked that, in the future, consideration be given to the appointment of persons living in the west end of the City when vacancies occur on any of the several City 8oards, INTRODUCTION OF ORDINANCES: 17^ Councilman Collischonn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code (Zoning Ordinance) Relative to Regulations in the 1C-1, District." 18. 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 Authorizing the Exchange of Real Property Between the City of Alameda and Shizutoshi Takeda - (Tilden Way)." There being no further remarks, President McCall then declared the Hearing closed. Councilman Collischonn thereupon moved the Council approve the recommendatiOmo of the Planning Board as contained in its communication of January 11, 1961, but modified in accordance with the proposed draft attached Cu its further communication of February 16, 1961° The motion was seconded by Councilman Petersen. Mr"-Buchman Ward, 1828 Union Street, inquired about the status of those existing commercial properties on which there is a separate dwelling. Mr. Annibale explained that the dwellings presently in the "C-ln District are valid insofar as their being a non-conforming use is concerned and will continue to be legal as long as they are utilized for this purpose. The question was then put and the motion was carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances". 9. The matter was called up concerning the Appeal filed by Mr. and Mrs. Eugene Seltzer from the deci- sion of the Planning Board to deny an encroachment of eight feet, six inches into the required twenty- foot rear yard area for a distance of forty-five feet, for construction of a patio oover. The property in question is known as 1020 Azalea Drive. The Clerk stated copies of the minutes of the Planning Board meeting at which this application had been considered had been sent to the Councilmen and the file containing other pertinent data was on hand. Also, Mr. and Mrs. Seltzer had been notified that this was the time and place for the Hearing. Mr. Seltzer addressed the Council and explained that he thought his contractor had taken out the neces- sary building permit for his project and, subsequently, he had learned otherwise. He also stated the patio coverage is almost complete. Be emphasized the benefits as a windbreak and weather protector of the covered patio in its present location abutting the house and stated it would not serve this purpose at the extreme rear of his lot. This again pointed up the lack of knowledge on the part of the citizens concerning the requirement for a building permit and the posting thereof. Councilman Freeman suggested some leaflets be printed and moiled out with the Bureau of Electricity bills advertising the need for procuring said permits. Upon inquiry, there was no further response and the President declared the Hearing closed. Councilman Freeman then moved the Council grant the Appeal and reverse the decision of the Planning Board. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. There was some discussion concerning the interpretation of the term "structure" in cases where requests are made for coverage of a certain area for patio use. It was determined the matter would be reviewed by the City Attorney and the City Engineer and areport thereon submitted. Mr. Annibale stated the modification of the definition of an "accessory building", to exclude covering for patios, would answer this particular situation. � lO. The matter was next called up with regard to the Appeal filed by Mr. Fred Champion, 3249 Fernside Boulevard, from the decision of the Planning Board to grant four variances to Mr. and Mrs. David Tees to allow construction of a dwelling at the rear of property known as 3251 Fernside 8oulevurd, The Clerk stated letters of protest against the granting of said variances had been received from the following: Pail and Edith Rawn, 3263 Fernside Boulevard; A. H. Bonstin, 3259 Fernside Boulevard; Marjorie and George T. Stephenson, 3250 Fernside Boulevard; Mr. and Mrs. A. W. Brampton, 3247 Fernside Boulevard; Constantine H. Paras, 1343 Broadway; Mrs. Jeanette I. Brock, 2841 Santa Clara Avenue; Mrs. Lu Jean Franchi, 3208 Monte Vista Avenue; Roland Reed, 1712 High Street; Harold L. Miller, 2800 Otis Drive; George Antonich, 2709 Washington Street; Elsa S.. Meehan and Mabel S. Strouss, 1438 Lafayette Street; Mrs. U. B. Wilson, 1610 Fernside Boulevard; Dorothy Hebel, 1229 Bay Street; I. N. Stage, 1837 Clinton Avenue; Leo Corby, 2625 Lincoln Avenue; Elmer E. Becker, 2056 San Antonio Avenue; C. Frank Briggs, 2913 Marina Drive; P. J. Hansen, 1064 Central Avenue; Walter Plowman, 3329 Fernside Boulevard; ,Pauline B. and Frederick Klehs, 3304 Fernside Boulevard; Mary F. Hamilton, 3030 Fairview Avenue; Mr. and Mrs. Eugene Tarr, 3329 Constance Circle; Edwin T. and Helen M. Morgan, 2808 Otis Drive; Natbalie G. and Desmond R. 8milt` , 3006 Marina Drive; Doris S. Chapman, 3025 Marina Drive. Many of these protestants were present at the meeting. The Clerk stated copies of the minutes of the Planning Board meeting at which this matter had been considered had been sent to the Councilmen. Also, the file containing all pertinent data was on hand and Messrs. Tees and Champion had been informed that this meeting would be the time and place for said Hearing. The President called for the proponents and Mr. Francis Qianbroui, Attorney representing the Appellant, 0r, Fred Champion, addressed the Council. Mr. Giambrooi distributed to the Councilmen large scale dia- grams of the property in question for their information during the course of the proceedings. He then reviewed the entire history of the easements and lay-out of the portion of the property on which the dwelling is proposed to be erected, and the effect of the four major variances requested. Mr. Mike Grega, 3243 Fairview Avenue, Secretary of the Waterside Terrace-Thompson Avenue Homeowners Asso- ciation, also spoke on behalf of the Appellant. It was later developed that Mr. Grega represented the Board of Directors of said organization. The President then called upon the opponents and Mr. David H. Tees, 2018 - 99th Avenue, Oakland, addressed the Council in explanation of his plans. He also submitted a drawing of the property in ques- tion. Mr. Tees stressed the fact this property is a buildable lot of record and a hardship would be created if someone is not allowed to build thereon, even though variances would undoubtedly be necessary to accomplish this. The Council thoroughly discussed all ramifications of the situation. The main point of issue was the difficulty which would be encountered by the lack of sufficient space for ingress and egress to and from the garage to assure off-street parking. Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Council- man Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Present: Councilman Schacht, (1), who abstained due to a conflict of interest. Absent: None. V 33. At this point, President McCall referred to the letters received by the Councilmen from Messrs. Raymond E. Brown, Auditor, and Harold E. Crabb, Treasurer, concerning their salaries and pointing up the fact that said compensation cannot be increased during their respective terms of office as elected officials. They asked that such an increase be given consideration and determination prior to the time of the coming City Election when they will begin new terms. Councilman Collischonn moved the Council grant a salary increase of $250. to the Auditor and to the Treasurer, effective at the commencement of their respective terms of office. The motion was seconded by Councilman Petersen. Speaking on the question, there was considerable discussion about the proper method of handling the request. Mr. Annibale pointed out that action can be taken by the adoption of a resolution at any meet- ing prior to April 18, 1961, since it would become effective immediately. Therefore, there was no urgency for a decision at this meeting. It was agreed the subject should be reviewed by the City Manager and certain information furnished to the Councilmen prior to the next Councilmeeting. With the consent of his second, Councilman Collischonn then withdrew his motion. 34/ President McCall also again spoke of the matter of the "Sunday Pass" and as previously requested of the Alameda-Contra Costa Transit District. (These gested at the Council meeting of October 4, 1960.) the "Shopper's Special" services had been sug- Following some discussion, it was determined that the matter would be followed up by another letter to the District. FILING: 35. Financial Statement - Bureau of Electricity, as of December 31, 1960 - Verified by Hackleman & Larzelere. 36. Specifications and Provisions No. MS 2-61-1 - Furnishing Four Sedans for the Police Department, 8-Cylinder, 4-Door, with Automatic Transmission - Ford, Chevrolet, Plymouth Class. 37. Specifications and Provisions No. MS 2-61-2 - Furnishing One Sedan for the Police Chief, 8-Cylinder, 4-Door, with Automatic Transmission, 38. Lease - Between City of Alameda and County of Alameda - re Veterans' Memorial Building. BILLS: 39. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $41,070.15, 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 February 7, 1961, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 40. There being no further business to come before the meeting, the President asked all to rise for a moment of silence in respect to the memory of Messrs. Charles Frank Hendrickson, Ford Hensley , Thomason and Grant Hicks, The meeting then adjourned - to assemble in regular session on Tuesday evening, February 21, 1961, at 7:30 o'clock. Respectfully submitted,