Loading...
1969-02-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING FEBRUARY 4, 1969 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Alle- giance was led by Explorer Scout David Acebo and was followed by an inspiring Invocation delivered by The Reverend Harold Petroelje, Pastor of the First Christian Reformed Church. ROLL CALL: The roll was called and Councilmen Fore, Isaacs, La Croix, Jr., Levy and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the special meeting held January 16, and the regular meeting held January 21, 1969, were approved as transcribed. 2 At this time, "Boy Scout Government Day" was recognized by the City Council. Upon request of President McCall, the Clerk read in full the Proclamation setting forth the week of February 7 to 13, 1969, as "BOY SCOUT WEEK" and Thursday, February 8, 1969, as "BOY SCOUT ANNIVERSARY DAY". President McCall called upon Mr. John D. Goss, Assistant City Manager, who described the program which had taken place during the afternoon for the enlightenment of the various "Scout Day Officials". Many of the Scouts had visited with their counterpart City Department Heads. The conclusion of the activi- ties was their participation in this evening's City Council meeting. Certificates were then presented to all of the participating Boy Scouts. There was a large audience comprised of many Scouts and their parents. The President introduced and welcomed Mr. Morrie Viola, District Scout Executive. WRITTEN COMMUNICATIONS: 3.v From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrants Nos. 155 and 156 in the amounts of S372,913.87 and $50,000., respectively, in payment for certain dredging work and to replenish the revolving fund. The matter was referred to "Resolutions". 4. 7Fram Citizens Committee for Low Income Housing, signed by Mrs. Mabel Tatum, Chairman, recommending the following persons be appointed to the Housing Authority of the City of Alameda as vacancies occur: Mr. Louis Francis, Mrs. Mary Sparrow and Mr. Robert Lee, all residents of Makassar Straits Village. It was directed this Committee be informed that at such time as vacancies might occur on the "Authority", consideration would be given to the appointment of those whose names had been suggested. 5.1' From Alameda Municipal Civil Service Employees Association, signed by Mr. Roy T. Edwards, Presi- dent, requesting from the City Council and the City Manager a letter of formal recognition, in order that the Association might comply with Senate Bill 1228, Sections 3500 through 3508, effective Janu- ary 1, 1969, to allow meetings with management on salary surveys, etcetera. President McCall stated the League of California Cities was currently drafting an ordinance to carry out the requirements of said Bill and until the document had been submitted for the Council's consideration it would be inadvisable to extend formal recognition to any employees' organization. He said there appeared to be no reason to expect the Association would not be one of the agencies recognized, but it was extremely important that the procedure followed be correctly and uniformly established. This, he stated, was the position of the Council in the matter. Mr. Edwards, 1040 Auburn Drive, addressed the Council in explanation of what was desired.. He stated the Association wished to be recognized in order that, at this particular time, it might "meet and confer" and later it might submit whatever was necessary to become a formally recognized organization. Present with Mr. Edwards was Mr. Howard Ray, representing the California League of City Employees Association. Mr. Goss, Assistant City Manager, at the request of Councilman La Croix, reported that Mr. Forrest V. Routt, Jr., Personnel Director, was a member of the League Committee preparing the model ordinance. It was his understanding that the matter would be ready within the next month for consideration by the Council. City Attorney Cunningham added it was the intention of the City to follow to the letter the State law on this subject, which was mandatory. 6. / From Mr. 0. McPherson, 85-B Maitland Drive, submitting petition signed by forty-three residents, requesting that the City Council take immediate action to improve two blocks of Maitland Drive between County Road and Melrose Avenue, to remedy a hazardous condition in which the curb and gutter areas had never been constructed. Upon request, City Engineer Hanna reviewed the history of the street improvements in the portion of Maitland Drive involved, and explained the procedure to be followed to correct the condition. This could be instituted by submission of a petition by the residents affected, requesting that the work be done. The work for which the property owners would be responsible, that is, curbs, gutters, shoulder areas and possibly certain drainage work, could then be accomplished by formation of an assessment dis- trict. The center portion of the street, Mr. Hanna reported, could be reconstructed with Gas Tax funds. Mr. Hanna was requested to take steps to inform all of the affected property owners, at a meeting to be arranged, just what would be involved in this project. Mrs. Frank Trento, 147 Maitland Drive, commented for the information of the Council on the history of this situation and her hope that it would be corrected. Mr. Carroll Morgan, 1033 Camino Del Valle, asked to be heard and suggested the properties on County Road as far as Mecartney Road be included in this project. President McCall stated this area would also receive attention, in reply to a letter directed to the City Street Department by Mrs. R. M. Anthony, 3117 La Cresta. 7. 4' From Mr. David L. Brotherton, 1437 Stanton Street, requesting right-angle parking be established on the west side of the block. The letter was accompanied by signatures of twenty residents in sup- port of the letter. Mr. Brotherton addressed the Council, reiterating his request. The matter was referred to the City Engineer for a complete review and report. 8.V At this time, President McCall commented again on the condition of County and Mecartney Roads and stated the City Engineer had been requested to investigate the matter and report back to the Council. HEARINGS: 9. In the Matter of an Appeal from the decision of the Planning Board to grant a variance to allow construction of a fourteen-unit dwelling which would encroach ten feet into the required twenty-foot rear yard area, on construction proposed at 890 Union Street. The Appeal was filed by Mr. Russell R. Reed, owner of property at 1810-1812 Clinton Avenue, adjacent to the rear of the property in question, owned by Mr. Stanley Boersma. The Clerk stated the respective parties involved had been informed that this was for Hearing on this matter. The minutes of the meeting of the Planning Board at was considered had been sent to the Councilmen for their information. City Attorney Cunningham recited the issue before the Council was whether or not ings of the Board under Sections 11-161(b) and (e) of the Alameda Municipal Code modified or reversed. the time and place which the application the action and find- should be affirmed, Mr. Donald Johnson, Planning Director, reviewed this case, as covered in his memorandum dated Janu- ary 30, 1969. He stated the property consisted of three separate lots of record located on the east side of Union Street at the lagoon. It was one hundred forty-eight feet square and contained 21,904 square feet. Slightly less than half of the parcel was upland, the remainder being in the lagoon. The builder, Mr. Stanley Boersma, proposed to cantilever a portion of the building over the lagoon approximately twelve feet beyond the existing sea wall. On the call for proponents, Mr. Russell R. Reed, the Appellant, appeared. He corrected a statement concerning the distance of his building fram the property line, stating this was thirteen feet, four inches, rather than eighteen feet as noted in the memorandum. Mr. Reed claimed permitting the dwelling to encroach as requested would substantially overcrowd the lot, restrict the westerly view, light would be diminished, and there would be a loss of privacy on his property. He emphasized the standard regulations for the area should prevail and that violation would be detrimental to his property, the general public and to the residents of the area. He felt there was no need for the encroachment. Mr. Reed objected to the location of the proposed garbage area and stated a large beautiful pine tree in the access way world have to be cut down, which would be a great loss. In further support of his Appeal, Mr. Reed read from the Zoning Ordinance, Sec. 11-112, setting forth the purpose of its adoption. In explanation of the Board1s action, Mr. Johnson stated he believed its position was that the general welfare in this case was more properly served by granting a ten-foot encroachment into the rear yard than allowing, possibly, an additional ten feet into the lagoons. He believed that Mr. Boersma had not justified adequate grounds for hardship. It was pointed out the owner could build to within seven feet of the other side of the lagoon if he could cantilever that distance. If he could not cantilever he could apply to the Council for per- mission to place columns out into the lagoon to make this possible. The City Attorney pointed out the City had ironclad drainage easements in the lagoon which it would not permit to be jeopardized. Messrs. Raul de la Torre, owner of property at 892-896 Union Street, and John Barni, Jr., 1825 Clinton Avenue, spoke in support of the Appeal. On the call for opponents, Mr. Boersma, 1901 Central Avenue, appeared. He pointed out that construc- tion of fourteen units was within the ordinance. In explanation of his action in applying for a variance under these circumstances, Mr. Boersma stated the additional ten feet at the rear would permit construction of the desired plan without obstructing the view of the property owners on the west side of the street, and also of those immediately across the lagoon. Mr. Boersma admitted there was no hardship on his part and he could build fourteen units out over the lagoon within the framework of the ordinance, if the variance were not granted. However, he felt the adjoining property owners, including Mr. Reed, would be extremely unhappy with this arrangement. By building the dwelling as planned he would minimize the disruption of Mr. Reed's property, as none of the living rooms would face in that direction. Councilman La Croix questioned the provision of fire access. Mr. Johnson stated this would be a mat- ter for consideration in granting the Building Permit. The parking situation was also discussed and Mr. Boersma said he would attempt to change this to provide more adequate access. He said the garbage area would be relocated and the pine tree would remain. Mr. Boersma also stated he could not afford to build twelve units rather than fourteen, because of the price of the land. After opportunity for rebuttal, Mr. Boersma repeated that regardless of the action on this Appeal, it was his intention to build fourteen units on this parcel, but he still planned to build desirable apartments. The Hearing was declared closed. Councilman La Croix suggested that, aesthetically, if Mr. Boersma was forced to cantilever out over the lagoon with his proposed construction, fewer units world make for a better plan. He felt a great many units were being crowded on to the property and the parking problem raised many questions. Councilman La Croix then moved that the Appeal be granted and the ruling of the Planning Board be reversed. The motion was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Fore, (1). Absent: None. Councilman Fore, in explanation of his vote, stated all seven members of the Board had been present at the consideration of this matter and the vote had been unanimous. REPORTS AND RECOMMENDATIONS: 10. From the Auditor and Assessor, requesting a refund of taxes to The Proctor and Gamble Manufacturing Company in the amount of S2,954.35, erroneously levied. The matter was referred to "Resolutions ". 11.E From the City Manager, reporting all work satisfactorily completed on the project of Culvert Con- struction at Broadway and Crist Street and Broadway and Chester Street, recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 12.E From the City Manager, recommending the Final Map of the subdivision known as Tract No. 3061 be approved. This was the condominium subdivision near the High Street Bridge being developed by Doric Properties, Inc. This matter was referred to "Resolutions". 13." From the Planning Board, signed by the Secretary, recommending approval of Parcel Map No. 155 for division of certain property in the Pacific Marina area, filed by Paul F. Coleman for Alaska Packers Association, Inc. This matter was also referred to "Resolutions ". NEW BUSINESS: 14.( President McCall commented on the proposed uniform animal control ordinance which had been drafted for consideration by the Mayors' Conference. He requested an expression from the Council as to its posi- tion as the matter was to cane up for discussion at the meeting of the Mayors' Conference the following evening. Councilman La Croix moved the President be instructed to vote in favor of the proposed ordinance. The motion was seconded by Councilman Isaacs and unanimously carried. RESOLUTIONS: 15.` The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7431 Ordering Cancellation and Refund of Personal Property Taxes Erroneously Levied and Collected." The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Four. Noes: None. Abstaining: Councilman Fore, (1). Absent: None. 16.' The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7432 Approving Warrants Nos. 155 and 156 of the Board of Trustees of Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. 17/ The following resolution was introduced by Councilman Isaacs, who moved its adoption: "Resolution No. 7433 Approving Final Map of Subdivision Known as Tract 3061, Portion of Lots 1 and 2, Block F, of Waterside Terrace, 27 Maps 12, Alameda County Records, Alameda, California." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7434 Approving Parcel Map 155 for Division of Property North of the Segregation Line East of Webster Street (Pacific Marina Area) and Permitting Recording Thereof (Alaska Packers Association, Inc., by Paul F. Coleman)." The motion to adopt said resolution was seconded by Councilman Levy. There was considerable discussion as to the ownership of this land. It was explained that the map was one which the Engineering Department had been working on for about five years to bring the prop- , erty up to a point of record where transactions could now occur in a more orderly fashion. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 19.7 The following resolution was introduced by Councilman Isaacs, who moved its adoption: "Resolution No. 7435 Authorizing Execution of Amendment to Agreement with Alameda City Garbage Association (Now, Alameda City Disposal, a Corporation)." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 20./ The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7436 Adopting Specifications, Special Provisions and Plans for Construction of Arch Culverts at the Intersection of Clinton Avenue and Walnut Street and Clinton Avenue and Laurel Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 21./ The following resolution was introduced by Councilman La Croix, who moved its adoption: °Resolution No. 7437 Resolution of the Council of the City of Alameda in Appreciation and Commendation of Shirley H. Tennier for Her Services to the City of Alameda." The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President declared all of the foregoing resolutions adopted. BILLS: 22. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 75,138.90, 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 Levy moved the bills as itemized in the List of Claims filed with the City Clerk on Febru- ary 4, 1969, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 23. Amendment to Contract - City of Alameda and Alameda City Disposal, a Corporation. 24. Financial Report - Bureau of Electricity, as at December 31, 1968 - Verified by Hackleman, Larzelere, McKenna & von Kaschnitz. 25. Specifications No. PW 2-69-2 - Construction of Arch Culverts at Clinton Avenue and Walnut Street and Clinton Avenue and Laurel Street. 26.r-Miss Judith Nelson, daughter of the City Clerk, was introduced and welcomed. ADJOURNMENT: 27. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, February 18, 1969. Respectfully submitted, YL, City Clerk