1961-09-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, SEPTEMBER 5, 1961
The meeting convened at 7:30 o'clock p.m. with President Collischonn presiding. The Pledge of
Allegiance was led by Councilman Schacht and was followed by an inspiring Invocation delivered by The
Reverend John F. Wahl, Pastor of Immanuel Lutheran Church.
ROLL CALL:
The roll was called and Councilmen Dungan, Godfrey, Schacht and President Collischonn, (4), were
noted present. Absent: Councilman McCall, (1).
MINUTES:
1. The minutes of the special and regular meetings held August 15, 1961, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. From Mrs. William H. Warner, 3078 Richmond Boulevard, Oakland, expressing her thanks to and com-
mendation of the several Police Officers and Firemen who gave assistance in a recent emergency at the
South Shore Shopping Center.
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3. From Mr. Ted Marceau, 1311 Central Avenue, in appreciation of the services of certain Police
Officers and Firemen in a recent emergency at his home. ,
The commendations were noted and ordered acknowledged, with copies of the letters to be referred to the
Chiefs of the respective Departments.
ORAL COMMUNICATIONS:
4. Mrs. Helen Freeman, 831 Laurel Street, referred to Ordinance No. 1384, New Series, "Authorizing
the Conveyance by Quitclaim Deed of a Certain City-Owned Easement to South Shore Land Co., a Nevada
Corporation", adopted by the Council on August 15, 1961, and contended that, under the provisions of
State Tidelands Grant Act of 1913 and 1917, the City could not convey any tidelands in this manner.
She asked, therefore, that the ordinance be rescinded before it becomes effective on September 15, 1961,
and the Council take care of this matter through a lease agreement.
Mr. Annibale explained that this "Act" refers to lands other than those involved in this particular con-
veyance. Upon Mrs. Freeman's request that Mr. Annibale check into this situation, Mr. Annibale stated
he had thoroughly checked this question many times and his opinion on the subject still remains the
same - that the land inboard of the tidelands lot line does not involve the Tidelands Grant Act of 1913
and 1917. He stated it is his opinion that Ordinance No. 1384, New Series, is a valid ordinance and
can be legally entered into and passed by the City.
5:1 Mr. Frank Gottstein, 731 Haight Avenue, spoke of the undeveloped acreage west of Webster Street
and south of Atlantic Avenue. He felt it was too late to encourage industrial development in this area
and one inducement for residential improvement there would be for the City to cut Fifth Street through
between Buena Vista Avenue and Atlantic Avenue.
Upon inquiry, Mr. Hanna pointed out that the land in this vicinity north of Buena Vista Avenue is pri-
vately owned. Discussion brought out the point that if a prOperty owner develops land in the form of
a subdivision then he is required to construct the street and install the improvements.
Mr. Gottstein still contended that Fifth Street should be continued through and the City should endeavor
to get the property owners to do so.
HEARINGS:
6' matter was called up concerning the proposed amendments to the Alameda Municipal Code (Zoning
Ordinance No, 1277, New Series), relative to the removal of the limitation on the maximum number of
units on any one lot of record in the R-4, Neighborhood Apartment District - and the deletion of the
limitation of a maximum of twelve units in any one building on a lot in the R-5, General Apartment
District.
The Clerk stated there was on file the Affidavit of Publication of said Notice of Hearing and the recom-
mendation of the Planning Board that Zoning Ordinance No. 1277, New Series, be amended as indicated.
Upon request, Mr. Schoenfeld, Planning Director, explained the circumstances involved. Also, Mr.
Annibale recited the criteria upon which the Council would base its decision.
Upon inquiry, there were neither proponents nor opponents who wished to speak on the question. The
President thereupon declared the Hearing closed. Councilman Schacht then moved the Council approve the
recommendations of the Planning Board with regard to the amendments to the Zoning Ordinance Section of
the Municipal Code, as submitted. The motion was seconded by Councilman Dungan and on roll call carried
by the following vote. Ayes: Four, Noes: None, Absent: Councilman McCall, (1). The matter was
then referred to "Introduction of Ordinances".
7.Y' The matter was then presented concerning the Appeal by Mr. Leopold J. Gunston, from the decision
of the Planning Board to deny a variance on his property at 422 Taylor Avenue to permit construction of
five units on the lot.
The Clerk stated copies of the minutes of the Planning Board meeting at which this application was con-
sidered had been sent to each Councilman for his information and Mr. Gunston had been notified that
the Hearing on the subject would be held at this time:
The President called upon Mr. Schoenfeld to clarify the situation. He pointed out the lot in question
is four hundred twenty-five square feet deficient in the size required for a fifth unit in the R-4,
Neighborhood Apartment District. Mr. Annibale again recited the criteria pertinent to a decision by
the Council.
The President stated that, subsequent to consideration of the application by the Planning Board, the
Council had received blueline prints of the plot plan of the property and the contemplated structure.
Since the Board did not have this relevant information available during its deliberation on the ques-
tion, he felt it was the desire of the Council to refer, the matter back to the Planning Board with the
copies of the formalized drawing which would permit the Board to review the case-in the light of this
more adequate evidence.
Councilman Schacht moved this matter be referred back to the Planning Board with the copies of the plot
plan drawing for reconsideration - and that the Council continue the Hearing pending receipt of notifi-
cation of the Board's decision on the application of Mr. Gunston. The motion was seconded by Councilman
Godfrey and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman
McCall, (1).
REPORTS OF OFFICERS, BOARDS, ETCETERA:
8( From Mayor, City Manager and City Auditor, submitting their report on the Count of Money held
August 16, 1961, showing the sum of $4,517,188.67 in the City Treasury at that time.
The report was noted and ordered filed.
9' City Manager, recommending contract be awarded to O. C. Jones and Sons, low bidder, for the
project of certain Street Resurfacing, at the total cost of $8,635.
Councilman Schacht moved the recommendation be adopted; that contract be awarded to the designated firm
for the specified project at the total price quoted. The motion was seconded by Councilman Dungan and
carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1).
10. From Mr. Marshall S. Pease, tendering his resignation as a Commissioner of the Housing Authority
of the City of Alameda, effective August 31, 1961.
The President expressed regret that the City would have to lose the services of Mr. Pease on the
Housing Authority but he stated the Council was more than, pleased that such a capable man would, be able
to serve as Chairman of the newly created Redevelopment Agency.
It was suggested that a resolution in commendation of Mr. Pease for his service to the City be, prepared
for adoption at the proper time later in the meeting,.
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11. From City Planning Board, signed by the Secretary, informing the Council that a special meeting ,
is to be held as soon as possible to study the variance procedure, as recently requested by the Council.
It was noted that appropriate recommendations will be forthcoming on this subject.
INTRODUCTION OF ORDINANCES:
12. Councilman Schacht introduced the following ordinance, after which it was laid over under provision
of law and the Charter:
"Ordinance No.
New Series
An Ordinance Amending Title XI, Chapter 1, Article 3, of the
Alameda Municipal Code by Repealing Portions of Section
11-1316(a) and 11-1318(a) Thereof, Relating to Maximum Number
of Permissible Dwelling Units in R-4 and R-5 Districts."
13. 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 Authorizing Execution of a Lease of Certain City-
Owned Property (Vicinity of Atlantic Avenue and Main Street)
(Ivaldi and Ng)."
RESOLUTIONS:
14. The following resolution was introduced by Councilman Schacht, who moved its. adoption:
"Resolution No. 6267
Resolution of the Council of the City of Alameda Adopting Specifications,
Special Provisions and Plans for Reconstruction and Resurfacing on Buena
Vista Avenue from Grand Street to Webster Street, 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: Four. Noes: None. Absent: Councilman McCall, (1).
15. The following resolution was introduced by Councilman Schacht, who moved its adoption:
"Resolution No..6268
Resolution of the Council of the City of Alameda Adopting Specifications,
Special Provisions and Plans for Construction of a Storm Sewer on Fernside
Boulevard Between Cambridge Drive and Moreland Drive, 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: Four. Noes: None. Absent: Councilman McCall, (1).
16. The following resolution was introduced by Councilman Godfrey, who moved its adoption:
"Resolution No. 6269
Resolution of the Council of the City of Alameda in Appreciation and
Commendation of Marshall S. Pease for His Service to the City of Alameda."
The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the
following vote. Ayes: Four. Noes: None. Absent: Councilman McCall, (1).
The President thereupon declared the foregoing resolutions duly adopted and passed.
FILING:
17. Specifications, Special Provisions and Plans No. PW 9-61-14 - Reconstruction and Resurfacing on
Buena Vista Avenue from Grand Street to Webster Street.
18. Specifications, Special Provisions and Plans No. PW 9-61-15 - Construction of Storm Sewer on
Fernside Boulevard between Cambridge and Moreland Drives.
19. Lease - Between City of Alameda and Frank Ivaldi and Hen Y. Ng - Circus Market Parking Lot.
20. Financial Statement - Bureau of Electricity, as of July 31, 1961 - Verified by Hackleman &
Larzelere.
BILLS:
21. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total
amount of $38,309.62, 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
September 5, 1961, and presented to the Council at this meeting, be allowed and paid. The motion was
seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Four. Noes:
None. Absent: Councilman McCall, (1).
ADJOURNMENT:
22. There being no further business to come before the meeting, the Council adjourned - to meet in
adjourned regular session on Tuesday evening, September 12, 1961, at 7:30 o'clock.
Respectfully submitte