Loading...
1961-05-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MAY 16, 1961 The meeting convened at 7:30 o'clock p.m. with President Colliochonn presiding. The Pledge of Allegiance was led by Councilman Godfrey and was followed by an inspiring Invocation delivered by The Reverend Father Alvin R. Wagner, Pastor, St.^Joyeph'a Church. ^ ROLL CALL: The roll wmo'called and Councilmen Dungan, Godfrey, McCall, Schacht and President Collischonn, (5), were noted present. Aboent: None. MINUTES: 1. The minutes of the regular meeting held May 2, and the special meeting held May g, l961, were approved as transcribed. WRITTEN COMMUNICATIONS: "/. ^ . 2. From Alameda-Contra Costa Transit Diattiot, signed by Mr. William J. Bettencourt, President, urging the Council's opposition to Senate Bill 1534, as had been done in the case of the similar Senate Bill 499, concerning the revision of San Francisco Bay Bridge Terminal. Councilman Godfrey.moved the City Attorney be.autboriced to prepare a resolution expressing the Council's opposition to said Bill. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. }. From Bay Farm Island Improvement League, signed by Mr. George T. Butler, President, concerning the unsightly condition of'the property formerly occupied by the National Guard - and, also, express- ing its interest in any plans for the disposition of this parcel. There being no objections, the President stated this matter would be referred to the City Manager for investigation and whatever Administrative aotion'waa necessary. - . 4. V From Family Service Agency, signed by Mr. Smith C. Anderson, Jr., President, informing the Coun- cil of ito.deaire to terminate its contract with the City to furnish the services of an Executive Secretary to the Social Service Board - and requesting permission to continue to occupy the office space it now has in the Health Center Building for the coming year. Councilman Schacht moved the Council grant a revocable permit to the "Agency" for the period of one year. The motion was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS: 5. Mr. John Mitcheom, 2802 Alameda Avenue, referred to previous Council action in granting him vari- ances to remodel his home and expressed his appreciation. Be extended an invitation to the Council to inspect the premises and to note the great improvement the variances allowed him to effect in the neighborhood. HEARINGS: 6. The matter was called up concerning the proposed reclassification of two lots known as 835 and 839 Portola Avenue from the R-2, Two-Family Residence District to R-1, One-Family Residence District, as originated by the City Council. The Clerk stated there was on file the Affidavit of Publication of the Notice of Hearing and all'dato pertinent to the subject. The Planning Board had-recommended said reclassification. Upon inquiry of the President, there was no one who desired to speak in favor of or in opposition to the proposed rezoning. The Hearing was then declared closed and Councilman Schacht moved the Council approve the recommendation of the Planning Board. The motion was seconded by Councilman McCall and carried on,the fnllmwiog'rnll call vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances". / ! ' . V [ | - 7. Next called up was the matter of the Appeal by petition signed by thirty-six residents in the vicinity, from the decision of the Planning Board to grant certain variances for the construction of a dwelling by David H. and Norma B. Ieea.on their property at the rear of 3251 Fernside Boulevard. The Clerk stated a letter had also been received from the Waterside Terrace-Thompson Avenue Homeowners Association, signed by Mr. Harry L. Hofmann, Jr., President, in favor of the Appeal. Also, letters and petitibno in opposition to the Appeal had been received, signed by approximately fifty-one resi- dents in the area and throughout the City. Upon request, Mr. Schoenfeld outlined the history and circumstances involved. The City`Atturney then pointed out the issues before the Council for its consideration. Mr. Francis Giumbruni, Attorney, addressed the Council in representation of the following Appellants: Mr. and Mrs. Howard Harris, 3243 Fernside Boulevard; Mr. and Mrs. Fred Champion, 3249 Fernside Boule- vard; Mr. and Mrs. Frederick Klehs, 3304 Fernside Boulevard; Mr. and Mrs. A. W. Brampton, 3247 Fernside Boulevard; Mr. and Mrs. George Stephenson, 3250 Fernside Boulevard; Mr. and Mrs. Everett Howell, 3251-B Fernside Boulevard. He submitted a drawing indicating the plot plan of the lot in question and the abutting properties, and presented his arguments. Mr. Harry L. Hofmann, Jr. also spoke in favor of the Appellants, on behalf of himself, personally, and the "Homeowners Association". Mr. Tom Howen, too, asked that the variances be denied. Upon call for the opponents to the Appeal, Mr. Harold Hove, Attorney, appeared as the representative of Mr. and Mrs. David B. Tees, the Applicants. Mr..Rope presented to the Clerk for filing a petition signed by forty residents in and around this area, in support of Mr. Tees' variances, and proceeded to submit his arguments. Mr. Roy H. Nason, 3255 Fernside Boulevard, also spoke in favor of Mr. Tees' plans. The Council entered into a lengthy question and answer discussion, with each Attorney clarifying certain points, and each being granted a rebuttal period. The Hearing was then declared closed and Councilman McCall moved the Council uphold the ruling of the Planning Board. The motion was seconded by Councilman Dungan. Speaking on the question, Councilman Godfrey voiced his objections to the Tees' development. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen Dungan, McCall, Schacbt,aud President 'Collinchonn, (4). Noes: .Councilman Godfrey, (1). Absent: None. / 8° The matter was then called up with regard to the Appeal by Jones, Thenn and Associates, Anthony Enterprises, Inc., and South Shore Land Co., from the decision of the Planning Board to disapprove the Record of Survey Map of Lot 2, Block 13, Tract No. 1866, South Shore Unit No. 1. The Clerk stated there was on file the recommendation of the.Plunniog Board and all pertinent data on the subject which had been made available to the Councilmen for their information. Upon request, Mr. Schoenfeld reviewed and explained the situation and Mr. Annibale set forth the issues for consideration by the Council. In response to the call for proponents, Mr. Stanley D. Whitney, Attorney, addressed the Council at length in argument for approval of said "Map". Mr. Charles T. Travers, Vice President of South Shore Land Co., also spoke in explanation of certain questions involved. The Council thoroughly discussed the matter, after which the Hearing was declared closed. Councilman Godfrey thereupon moved the Appeal be granted and the Record of Survey be approved, subject to the conditions that the technical corrections recommended by the City Engineer be made on the Map and the forty-foot easement as indicated on said Record of Survey Map and in the location wherein pave- ment is presently installed be maintained as an access way into the Shopping Center from Willow Street. . ` The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Dungan, Godfrey, McCall, Schacht and President Collischonn, (5). Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 9. From City Manager, recommending contract be awarded to C & B Contractors, Inc., low bidder, for the project of Improvement and Widening in Tilden Way from Park Street to Pearl Street, at the total cost of $48,029.54. Councilman McCall moved the recommendation be adopted; that contract be awarded to the designated firm for the specified project at the price quoted. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 4 18. From City Planning Board, signed by the Secretary, recommending approval of the Record of Survey Map of Lot 2, Tract No. 2055' South Shore Unit No° 1, subject to conditions noted in the City Engi- neer's Report of April 21, 1961~ Councilman Godfrey moved the recommendation be followed and the specified Record of Survey be approved. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Councilmen Dungan, Godfrey, McCall, Schacht and President Collischonn, (5). Noes: None. Absent: None. 4 ll. From City Plannins Board, signed by the Secretary, recommending denial of the petition to reclass- ify the property known as 891-93-99 Union Street and 1724-28 Clinton Avenue, from 8-1, One-FuMily Residencejnstrict to R-4, Neighborhood Apartment District. There being no objections, the Hearing date on this matter was set for the next meeting, to be held June 6, 1961° 12. From City Planning Board, signed by the Secretary, recommending approval of Record of Survey ap, as amended, covering certain lots at the southeast corner of Fifth Street and Buena Vista Avenue - filed by Mr. C. E. Foster. Councilman Schacht moved the recommendation be adopted and the specified Record of Survey Map, as amended, be approved. The motion was seconded by Councilman Godfrey and on roll call carried 6y'tbe following vote. Ayes: Councilmen Dungan, Godfrey, McCall, Schacht and President Collischonn, (5). Noes: None. Absent:, None. 13. From Social Service Board, signed by Mrs. Phyllis McCoskey, President, expressing the importance of the Alameda Family Service Agency's being permitted to share space at the Health Center Building. This matter had been acted upon favorably earlier in the meeting and, therefore, the communication was ordered filed. 14. From Public Utilities Board, signed by Mr. G. A. Baster, Secretary, submitting copy of its Reso- lution No. 1993, "Adopting Budget for Department of Public Utilities, City of Alameda, for Fiscal Year Ending June 30, 1962w, and a copy of said Budget. . . . The items were ordered filed. 15. From Public Utilities Board, signed by the Secretary, submitting its report on a plan for replac- ing a portion of Street Lighting Facilities for the Council's consideration. Councilman Godfrey moved the City Manager include this matter in the Budget. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 18. Councilman Dungan introduced the following ordinance, after which it was laid over under provision of law and the Charter: . "Ordinance No. ,New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (835 and 839 Portola Avenue) 17. Councilman Godfrey introduced the following ordinance, after which it was laid over under provision of law and the Charter: NEW BUSINESS: "Ordinance No. New Series An Ordinance Amending Article 7, Chapter 2, Title XVII, of the Alameda Municipal Code by Adding Thereto a New Section Known as Section 17-272 (Prohibited Pedestrian Traffic -- Tilden Way)." � l8. Councilman McCall moved the Council Initiate on Its Own Motion, pursuant to Sec. 11-172(b) of the Alameda Municipal Code, an amendment to the Zoning Ordinance whereby the restriction of only twelve units in an apartment building in the R-5 District be deleted. It was suggested the Planning Board be able to take additional time beyond the thirty days set forth in the Zoning Ordinance, if necessary, to properly review this matter and determine upon a final solu- tion. Following some discussion of the situation, Councilman McCall amended his motion to the effect that, pursuant to Sec. 11-175 of the Alameda Municipal Code, the Planning Board be granted a maximum period of sixty days in which to complete its study of the subject and submit its recommendation. The motion,as amended, was then seconded by Councilman Godfrey and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 19. The tolloOing resolution was introduced by Councilmen Schacht, who moved its adoption: "Resolution 0o^ 6217 Resolution of the Council of the City of Alameda Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1901-1962." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 20. The following resolution was introduced by Councilman McCall,-who moved its,adoption: "Resolution No. 6218 Resolution of the Council of the City of Alameda Adopting Specifications for Furnishing One (1) New, Latest Model, 4-Wheel Drive, 2 Cubic-Yard 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 Dungan and on roll call carried by the following vote. Ayes: Five. Noes:, None. Absent:, None. 21. The following resolution was introduced by Councilman Godfrey, who moved its adoption: "Resolution No. 6219 Resolution of the Council of the City of Alameda Adopting Specifications, Special Provisions and Plans for Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter for Fiscal Year Ending June 30, 1982v Calling for Bids and Directing City Clerk,to,Advertioe Same." 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. 22. The following resolution was introduced by Councilman Dungan, who moved its adoption: "Resolution No. 6220 Resolution of the Council of the City of Alameda Adopting .Specifiootiuua» Special Provisions and Plans for Installation of House Laterals for Fiscal Year Ending June 30, 1962, Calling for Bids and Directing City Clerk to Advertise Same." 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. 23. The following resolution was introduced by Councilman Godfrey, who moved its adoption: "Resolution No. 0221 Resolution of the Council of the City of Alameda Adopting Specifications for Furnishing Quarry Waste and Earth Fill at City Dump; Class 'B' Portland Cement Concrete Transit Mix for Fiscal Year Ending June 30, 1962; Calling for Bids and Directing City Clerk to Advertise Same." 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 Schacht, who moved its adoption: "Resolution No. 6222 Resolution of the Council of the City of Alameda Authorizing City Manager to Grant Certain Cash Refunds When Not in Excess of $25^00 (Permits* Etcetera)." The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 25. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6223 Resolution of the Council of the City of Alameda Authorizing the Acquisition of Certain Real Property for Public Street and Highway Purposes -- Northwest Corner of Park Street and Buena Vista Avenue -- (Simas)." The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the foliowing vote. Ayes: Five. Noes: None. Absent: None. 26. The following resolution was iutroduced.by Councilman Ouogan^ who moved its adoption: "Resolution No. 6224 Resolution of the Council of the City, of Alameda Commending the Alameda Junior Chamber of Commerce for Its Excellent Initiation of and Participation in Vital Civic Projects." 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. 27. The following resolution was introduced by Councilman Godfrey, who moved its adoption: "Resolution No. 6225 Resolution of the Council of the City of Alameda Opposing Senate Bill 1534, Relating to the San Francisco Bay Bridge Terminal." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Aboent:, None. The President thereupon declared all of ' the foregoing resolutions duly adopted and passed. �� r� � ����� ORDINANCES FOR PASSAGE: 28. "Ordinance No. 1358, New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Subdivisions (Sections 11-315 and 11-319)." Councilman McCall 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. 29. "Ordinance No. 1369, New Series An Ordinance Amending Section 5-264.1 of the Alameda Municipal Code (Permitted Obstructions -- Public Streets, Sidewalks, Etcetera)." Councilman Dungan 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. 30^ "Ordinance No. 1370, New Series An Ordinance Authorizing the Sale of Certain City-Owned Real Property to Frank S. and Joyce K. 3andirk (Excess Property -- Tilden Way)." Councilman Godfrey moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Ftve, Noes: None. Absent: None. 31. ,Ordinance No. 1371, New Series An Ordinance Amending Section 11-14A8 of the Alameda Municipal Code, Relating to Building Site, Areas and Easements. (Zoning Ordinance)." Councilman Schacht moved the ordinance be adopted as submitted. The motion was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 32. "Ordinance No. 1372, New Series An Ordinance Amending the Alameda Municipal Code, Relating to Front Yard Setback Provisions (Zoning Ordinance)." Councilman McCall moved the ordinance be adopted as au6mitted. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 33. "Ordinance No. 1373v New Series An Ordinance Amending the Alameda Municipal Code, Relating to C-2 Central Business District Regulations (Zoning Ordinance)." Councilman Dungan 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. 34. "Ordinance No. 1374, New Series An Ordinance Amending the Alameda Municipal Code, Relating to Certification of Non-Conforming Uses (Zoning 0rdinance).^, Councilman Godfrey moved the ordinance be adopted as submitted. The motion.was seconded by Councilmen Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 35. Deport on the operation of Alameda Free Library, dated April 25, 1961, by Mr. Stuart C. Dobson. 36. Specifications and Provisions No. MS 5-61-8 - Furnishing One (1) New, Latest Model, 4-Wheel Drive, Two-Cubic-Yard Dump Truck for Street Department. 37. Specifications and Provisions No. MS 5-61-9 - Furnishing Quarry Waste and Earth Fill at City Dump for Fiscal Year Ending June 30, 1962. 38. Specifications and Provisions No. MS 5-61-10 - Furnishing Class 'B' Portland Cement Concrete Transit Mix for Fiscal Year Ending June 30, 1982. 39. Specifications, Special Provisions and Plans No. PW 5-61-6 - Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter for Fiscal Year Ending June 30, 1962, 40. Specifications, Special Provisions and Plans No. PW 5-61-7 - Installation of'8ouee Laterals for Fiscal Year Ending June 30, 1962. BILLS; 41. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $84,501.64, 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 May 16, 1961, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Godfrey and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 42. There being ,no further business to come ,before the meeting, the Council adjourned at 10:30 o'clock - to assemble in regular session on Tuesday evening, June 6, 1961, at 7:30 o'clock. Respectfully submitted, m