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1958-08-19 Regular CC Minutes/IC '3 "1" REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, AUGUST 19, 1958 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was lead by Councilman Petersen which was followed by a most inspiring Invocation delivered by The Reverend Mr. Robert F. Hakes,Pastor of Calvary Baptist Church. ROLL CALL: The roll was called and Councilmen Collischonn, Petersen, Schacht and President McCall, (4), were noted present. Absent: Councilman Freeman, (1). MINUTES: 1. The minutes of the regular meeting held August 5, 1958, were approved as transcribed. WRITTEN COMMUNICATIONS: 1:( From Alameda Chamber of Commerce, signed by Mr. Jerry C. Jacobs, President, commending the Council for its opposition to the ban against burning at the City Dump and notifying the Council the Chamber will also formally protest to the Bay Area Air Pollution Control District in this respect. The President expressed thanks to the Chamber for assisting in this problem. 2. From Bay Area Air Pollution Control District, signed by Mr. Patrick J. Moran, Executive Secretary, acknowledging receipt of the City's protest, in the form of a resolution and a letter from the City Manager, and informing the Council the matter will be presented to the District's Board of Directors at its meeting on September 3, 1958. President McCall stated he felt the City should be represented at said meeting in order to follow through on this issue because there is tremendous interest on the part of other cities in the Bay Area which are concerned with the same problem of refuse disposal. Councilman Schacht moved the City send representatives to the meeting of September 3, the designation to be at the discretion of the City Manager. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Four. Noes: None, Absent: One. 3, From Mr. W. A. Guthrie, e13 Park Street, and Yrs. Ruth Carlson, 812 Oak Street, referring to the proposed closing of Powell Street, between Oak and Park Streets, and urging final action in this matter be expedited. Councilman Petersen moved the matter be referred to the City Manager for study and report on his findings at the next meeting. The motion was seconded by Councilman Schacht and unanimously carried. 24 A petition filed by Dlr. Lee Wong, 1543 Lincoln Avenue, containing signatures of 205 residents in the vicinity of Lincoln Avenue and Stanton Street requesting the reclassification of certain property specifically designated from a Residential to a Neighborhood Business District. The matter had been initiated by the Council at its last meeting by the adoption of Resolution No. 5833 which referred the proposed reclassification to the City Planning Board for consideration. The Clerk stated the Board has already set the time of Hearing at its next meeting to be held August 25. Councilman Petersen moved the petition be referred to the Planning Board. The motion was seconded by Councilman Schacht and unanimously carried. 5. From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, requesting extension of time for one year from August 22, 1958, in which to complete all improvements in its subdivision known as Tract No. 1866.. Acting upon the recommendation of the City Engineer, Councilman Collischonn moved the Council grant a one year extension of time from August 22, 1958, to South Shore Land Co. for completion of its improvements in Tract No, 1866. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four, Noes: None. Absent: One. 6. From Jewish Evangelism International, siFned by The Reverend Mr. James Shrago, Director, requesting permission to hold a Revival Meeting during the entire month of November, 1958, on premises located on a portion of the former Chipman Housing Project property and an adjoining parcel owned by the Bruzzone family. Mr. Weller suggested the matter be referred to his office so the City can be sure the request for the use of the site has been approved by those affected - the Bruzzones and the Housing Authority. Also, that approval can be obtained from the agencies concerned with this type of meeting - the County Health Department, and the Police, Fire and Bureau of Electricity of the City. He said he could have a report ready by the next meeting of the Council. Councilman Schacht moved the matter be referred to Mr. Weller for report at the meeting of September 2. The motion was seconded by Councilman Collischonn. At this point, the President recognized Mr. Shrago who statedils organization appreciates the Council's effort on its behalf but emphasized there is much to be done in preparation for said Revival Meeting and the time element is important. He stated that before definite arrangements can be made with the Bruzzones and the Housing Authority for their land, he must have a Permit from the City. He mentioned the Bruzzones have already indicated consent and a letter has been sent to the Housing Authority, requesting its permission to use the particular portion of property needed for this Service. Mr. Shrago reiterated that the City Permit is the principal item in which he is interested at this stage. Following some discussion as to how the procedure might be expedited, Councilmen Collischonn and Schacht withdrew their second and motion, respectively. Councilman Schacht thereupon moved a Permit be granted to the Jewish Evangelism International to hold a Revival Meeting during the month of November, 1958, as specified in its letter, on condition that all City requirements be met and subject to the approval of the City Manager. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 7. A petition, signed by nineteen residents of the area, requesting an assessment district be formed to install sidewalks, curbs and paving on Mound, Waterton and Court Streets, south of Otis Drive. In response to Councilman Schacht's inquiry as to there being a financial burden upon the City in such case, Mr. Weller stated all abutting property owners - the benefitted property owners - would undertake all costs of improvements. He referred to the petition received by the Council at its meeting of July 15, signed by sub- stantially the same people, requesting merely that sidewalks and curbs be installed in this area, but without any indication as to how they would be financed. This petition was referred to the City Enuineer's Office to contact those interested. Mr. Hanna was called upon and stated that in discussing the matter with the property owners on Mound Street - which was the only street mentioned in the previous petition - they felt it would work a hardship on their small group and, therefore, the other unimproved streets in the general vicinity should be included also. They have apparently obtained additional signatures for an assessment district to be formed to embrace these other streets - Waterton and Court Streets. Mr. Hanna said that the area has been surveyed during the past two weeks, plans have been drawn and estimates of cost made and he had hoped to submit a report at this meeting. However, it was not completed in time and he stated it will be ready for the Council's perusal prior to the next meeting. Mr. Annibale suggested that before the Council becomes involved in the procedure for the formation of an assessment district the City determine, by a house to house canvass, whether or not a majority of the owners who will be assessed are in favor of the district. This finding will have a great deal to do with how the City proceeds in the matter - if it does proceed - and, more important, how the Council will feel about proceeding with this formation. Councilman Collischonn moved action on this matter be deferred until such time as a canvass of the neighborhood has been made and the estimate of costs involved is established. The motion was seconded by Councilman Schacht and unanimously carried. HEARINGS: 8. The matter was called up concerning the appeal filed by Nichandros Development Co., Inc., signed by Mr. G. C. Nichandros - from the decision of the Planning Board to deny the application for a variance to allow thirteen apartments, with only twelve garages, to be constructed at 1804 Santa Clara Avenue. The Clerk stated there is on file a certified copy of the minutes of the Board meeting at which this application had been considered and also, copies of the notification sent to the Appellant and to Mr. William F. Murray, protestant, that the matter was set for a Hearing at this meeting. Copies of the Board minutes had also been sent to the Councilmen, as well as copies of the plot plan of the property in question, for their information. Mr. Nichandros addressed the Council in explanation of the situation. He stated the Building Permit is for twelve apartments but since there is space available for an extra living unit on the ground floor of the building he was hoping to obtain a variance in order to complete the additional apartment. He explained he had been able to revise the parking spaces and there would be room for the thirteenth parking stall, but due to the limited turning-radius only a small-type car could swing into it. Considerable discussion ensued with regard to the off-street parking facilities pro- posed. Councilman Collischonn stated he had inspected the premises and, in response to his question, it was developed that those occupying certain parking stalls would have to back out the driveway to the street. The lot is only forty-four feet in width and the driveway is only nine and one-half feet wide and, consequently, there is not sufficient space to provide a turn-around area. Councilman Collischonn remarked that he thought the property is very much overbuilt, He thereupon moved the Council uphold the decision of the Planning Board and deny the appeal of Mr. Nichandros. The motion was seconded by Councilman Petersen. Mr. Robert Venable, Assistant Planning Director, was called upon and stated the Planning Board was very strong in its disapproval of this matter. It felt the thirteenth parking stall would be impossible to use without excessive maneuvering and, in such cases, people then generally park on the street - and the intent of the parking ordinance is to eliminate this practice. Mr. Venable added that, under the new Zoning Ordinance, this property is in the "R-5, General Apartment District" which would allow from seven to nine living units on the property and, therefore, Mr. Nichandros is benefiting from the additional three apartments allowed, if a comparison is made between the old and new Zoning Ordinances. In answer to Councilman Schacht's question, Mr. Venable replied the application for a Building Permit had been filed under the old Zoning Ordinance and all aspects of the construction were considered under the provisions thereof. Councilman Collischonn stated it should be made clear to Mr. Nichandros that it is not his license to finish the thirteenth apartment, as such. His Building Permit has been issued for only twelve units. Councilman Schacht asked how the potential thirteenth apartment materialized and Mr. Nichandros explained that through subsequent checking of the plans by the Building Inspector it was found the parking lay-out would not comply with the ordinance. By this time, he had made all financial arrangements and so he revamped the parking as best he could to fit the same size building - and the area is there, with the plumbing "roughed in". He said he did not know what could be done with it except possibly make it into a rumpus room - and he was hoping for some relief on the situation as his loan was based on thirteen units. Councilman Schacht said that if this was an honest mistake and was done with no intention to avoid the ordinance, it certainly appears to him to be a case of hardship. He thought it was too harsh to tell a man he cannot use part of his property when he has already invested heavily in it. He remarked he did not think there would be many more situations like this because of the new Zoning Ordinance and he felt the Council is being unduly severe. He did not think it was just or in equity to refuse the use of this area which will then be wasted space. Mr. James Brummer, Chief of Inspections Division, was called upon. He pointed out it is sometimes a week or ten days after plans are filed before his office has time to thoroughly check them. One of their functions is to check all zoning require- ments and in the matter of parking for this proposed construction he had consulted with the Planning Department and the spaces were checked as to their adequacy. The thirteenth stall was determined to be unusable and, therefore, the thirteenth apartment was eliminated from the plans. He stated Mr. Nichandros had then submitted a revised plan but he still considered the parking space inadequate so the thirteenth unit was again crossed off. Mr. Brummer pointed out that when the Building Permit was issued, Mr. Nichandros was specifically told he could build only twelve units - however, Mr. Nichandros had asked if he could install the rough plumbing, on the premise that, perhaps, the Planning Board would grant him a variance to finish the thirteenth apartment. Mr. Annibale asked Mr. Nichandros if he had ever been issued a Building Permit for more than twelve units to which the gentleman replied in the negative, and added that he had told the Building Department he was going to apply for an adjustment on the thirteenth unit and because he could not delay the construction he had been forced to put the plumbing in and enclose the area. Mr. Annibale asked if it would be a fair statement to say that the plumbing and all other material in the thirteenth unit was put in "on the gamble" that the Planning Botard would allow the variance. Mr. Nichandros agreed this is exactly right. Councilman Collischonn said he would estimate the building covers eighty-five per cent of the property and it is true this was permitted under the old Zoning Ordinance, but he thinks the City is trying to encourage builders to create some recreational areas in such apartment-house plans and he inquired in this respect. Mr. Nichandros replied that he has provided an access to the roof of the building which will be finished so it can be utilized as a recreation area. Councilman Schacht said he believes the Council's purpose in this matter is to sit as a Board of Appeal in a case of hardship. He reiterated that the area for the additional apartment will be just wasted space - and he cannot approve telling a man who is not covering more of the lot than he is entitled to that he cannot use this area. He felt there would be no direct detrimental effect upon the City, with the possible exception that a car may be parked on the street occasionally. He said he thought it would be very unjust to deny Mr. Nichandros this use of his property. Mr. William F. Murray, 1422 Union Street, next addressed the Council in protest against granting permission to use the thirteenth unit when he has only twelve parking 26 spaces. He said he was speaking not only for himself but also for the neighbors who own abutting properties, all of whom are opposed to this issue. Upon request the Clerk repeated the motion and Councilman Collischonn stated he would like to add the following to his motion: that Mr. Nichandros be restricted from finishing the area in question as an apartment. Mr. Annibale stated this is ipso facto in the law - that Mr. Nichandros will not be able to utilize the area as a thirteenth apartment - it adds nothing more. Councilman Collischonn stated he would then withdraw the amendment. The question was then put on the original motion which carried on the foliowing roll call vote. Ayes: Councilmen Collischonn, Petersen and President McCall, (3). Noes: Councilman Schacht, (1). Absent: One. REPORTS OF OFFICERS, BOARDS, ETCETERA: V 9. From Board of Education, signed by Dr. Donald M. Roderick, Secretary, request- ing the reappointment of Mr. Roger Hooper as a member of the Recreation Commission for the term commencing September 1, 1958. The matter was referred to "Resolutions". 10. From the Mayor, nominating Mr. Chester R. Bartalini for reappointment as a member of the Recreation Commission for the term commencing September 1, 1958. The matter was referred to "Resolutions". 1 11. From the City Manager, recommending denial of request from Anthony Enterprises, Inc., for permission to construct ten-foot fences on properties at 1615 and 2617 Central Avenue on the ground that an additional fire hazard would be created by the excessive height involved. Councilman Collischonn moved the recommendation be approved and the request for such permission be denied. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 12. From the City Manager, recommending, denial of request from the Empire Lumber and Fence Company to erect a ten-foot fence on the used-car lot at 1650 Park Street, on the ground that the Building Code violation involved does not seem justified in terms of the advantages sought. Councilman Collischonn moved the recommendation be accepted and the request for such permission be denied. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 13. From the City Manager, submitting his recommendation for the purchase of certain Athletic Supplies, on the basis of a combination of the lowest bids for given items, as follows: Abe Rose, $373.53; Alameda Sporting Goods, $1,234.03; Greater Sports, Inc. $190.71; Yellow Jacket, $695.60. It was pointed out that purchases could be made from three of the firms without written contracts in view of the fact the total sums involved are under one thousand dollars in each case. Councilman Schacht moved the City Manager's recommendation be adopted; that contract be drawn up between the City and Alameda Sporting Goods for furnishing certain Athletic Supplies in the total amount of ";1,23)L.03 and other purchases be made from the specified firms at their bid prices, without contracts. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Fojiir. Noes: None. Absent: None. 14. From the City Manager, recommending authorization be given to the purchase of one six-cylinder, Four-door Ford Sedan from County of Alameda at the price of $1,485. under provisions of Section 3-15 of the Charter. It was also recommended the Council authorize the sale to the highest bidder of one eight-cylinder, Four-door Chevrolet Sedan, 1957 Model. Councilman Petersen moved the City Manager's recommendations be adopted; that the Ford Sedan be purchased from the County at the price quoted, upon determination that the acquisition can be effected more economically by the City without contract - and also, that the 1957 Chevrolet Sedan be sold to the highest bidder. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None, Absent: One. NEW BUSINESS: V 15. At this point, Councilman Collischonn stated that, in reading over a report on the street lighting program, there was no mention of any relief for the condition which exists on Fernside Boulevard. He referred to a letter from the Fernside Home Owners Association dated March 13, 1957, signed by Mr. John F. Hanson, Jr., Secretary, asking that lighting in its area be improved. In October, 1957, the Association had been informed that money was not available during fiscal year 1957-58, but the City would attempt to m ake some improvements in the future. He inquired if, in the preparation of the proposed improvement to streets and street lighting, the City can 427 include some relief to the Fernside area. Mr. Weller stated he had investigated the He had discussed the matter with Mr. Cowan ation is simply that the Fernside area is are old, as well as the lighting standards Bureau for some years that the City should annually for the replacement of those old special study made of the Fernside situati correction was in the range of one hundred possibility this might be set up in three events, it would cost from twenty-five to on this one project. He stated he firmly has already been recommended by the Bureau of replacement and modernization program - tight, and no provision was made for this very substantial problem and, he added, Mr twenty-five circuits of this kind in the C nitude of the program is obvious. In response to the Presidentts simply to replace the lighting fault - and it is not the kind basis. situation further as to the costs involved. of the Bureau just recently and the situ- one of several in the Cityw here the circuits • It has been the recommendation of the allocate about fifty thousand dollars circuits. He said he believes there was a on and the estimated total c ost of thousand dollars. There was some phases of about equal cost - but in all thirty thousand dollars just to get started believes the City ought to be doing what - that is, the City should have this type but, as the Council knows, funds are plan during the 1958-59 Budget. It is a • Cowan had indicated there are about ity and, at the figures quoted, the mag- questions, Mr. Weller answered that it would not help standards, it is the conduit which is actually at of project which can be done very well on a piecemeal President McCall also spoke of the Councilman Collischonn inquired if formation of a Lighting Assessment plus a Special Assessment District would be a question of City policy been that the street lights are in property owners but when it comes by the City. inadequate lighting in the west end of the City. the people had been approached on the basis of the District. lie suggested that perhaps the Bureau, might accomplish the job. Mr. Weller said this - so far as he knows, the policy up to now has stalled originally at the expense of the abutting to maintenance and replacement, that has been done President McCall pointed out there are many areas in the City where there is no real lighting at all - and all should be given consideration. He felt-there should be a full survey of the City to ascertain the complete situation. Mr. Weller said he understands such a survey had been made within the past two years and it was the basis on which the cost of the annual replacement program was proposed. Councilman Collischonn said the matter should Council's future planning. It was determined Manager for further discussion with the Board RESOLUTIONS: 16. The following resolution was introduced by Councilman Petersen, who moved its adoption: certainly be given some thought in the the matter would be referred to the City of Public Utilities. "Resolut Appointing Members of t (Bartalini ion No. 5835 he Recreation Commission." and Hooper) 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: One. ./1 17. The following resolution was introduced by Councilman Schacht, who moved its adoption:' "Resolution No. 5836 Appointing Commissioner of the Housing Authority of the City of Alameda." (Cecil Burnley) The motion to adopt said resolution was seconded by Councilman Collischonn and roll call carried by the following vote. Ayes: Four. Noes: None. Absent: on One. 18. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Roaolution No. 5837 Adopting Specifications, Special Provisions and Plans for Construction of Temporary Storm Drainage to Serve the Washington Park Fill Area, Alameda, California, Calling for Bids and Directing City Clerk to Adver- tise Same." 4 2 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: One. 19. The following resolution was introduced by Councilman Petersen, who moved its adoption. "Resolution No. 5838 Amending Salary Resolution No. 5814 by Abolishing One Position of Assistant Fire Chief and One Position of Fire Captain and Creating Two Positions and a New Classification of Battalion Fire Chief, All Changes Relating to the Fire Department." 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: One. The President declared all of the foregoing resolutions duly adopted and passed. FILING: 20. Financial Statement - Bureau of Electricity, as of June 30, 1958 - Verified by Hackleman & Larzelere. 21. Annual Report for Year Ending June 30, 1958 - Bureau of Electricity - Verified by Hackleman & Larzelere. 22. Specifications No. PW 8 -58 -13 - Project of Constructing Temporary Storm Drainage to Serve Washington Park Fill Area. BILLS: 23. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the total amount of $34,399.50, was submitted to the Council at this meeting. The list was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Petersen moved the bills as itemized in the List of Claims filed with the City Clerk on August 19, 1958, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. ADJOURNMENT: 24. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, September 2, 1958, at 7:30 o'clock. Respectfully submitted,