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1967-04-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING APRIL 18, 1967 The meeting convened at 7:30 o'clock p.m. with Vice President Rose presiding. The Pledge of Alle- giance was led by Councilman Bartley and was followed by an inspiring Invocation delivered by The Reverend Mr. Gordon Green, Pastor of Central Baptist Church. ROLL CALL: The roll was called and Councilmen Bartley, La Croix, Jr., McCall and Vice President Rose, (4), were noted present. Absent: President Godfrey, (1). Vice President Rose stated that President Godfrey was in Pittsburgh, Pennsylvania, on official busi- ness as a member of the Board of Directors for the Bay Area Rapid Transit - and also would be in Washington, D. C., on official business for the City of Alameda. MINUTES: 1. The minutes of the regular meeting held April 4, and of the special meeting held April 11, 1967, were approved as transcribed. WRITTEN COMMUNICATIONS: 2Yi From Mrs. Patricia A. Crafford, paid on the first installment of her installment had been lost. The City fact that there was no evidence that Councilman La Croix felt the Council moved the requested refund be denied. the following roll call vote. Ayes: 3. 7 From Alameda Chamber of Commerce, signed by Mr. Ralph M. Smith, General Manager, with reference to the Congress for Community Progress, and the recommendations thereof which had been reviewed by the Project Committee. The communication submitted a list of community projects for the Council's consideration and appropriate action. 1211 Sherman Street, requesting the refund of $3.40, the penalty property taxes, claiming that her check in payment of said Tax Collector had recommended against said refund in view of the the check was actually mailed at the proper time. should support the recommendation of the Tax Collector and he The motion was seconded by Councilman Bartley and carried on Four. Noes: None. Absent: President Godfrey, (1). The City Clerk was directed to acknowledge the letter with assurance to the "Chamber" that the items mentioned would have the full consideration of the City Council during the coming weeks. Further, the Clerk was to extend the Councils thanks for the Chamberls work in this matter. 4Y From Mrs. David A. Morten, Secretary, Frank Otis Parent-Teachers Association, submitting a peti- tion signed by one hundred eight-eight residents urging the Council to take the necessary action to have Fillmore Street, between High and Court Streets - and Court Street, between Calhoun and Fillmore Streets, paved. Vice President Rose pointed out the Council was aware of the bad condition of these streets, but the City could not assume the responsibility of rectifying the situation. He commented that the matter of the formation of an Assessment District to pave said streets had been before the Council several times but, unfortunately, the protestants had nullified the action requested. Therefore, the Vice President asked that the petitions be referred to the City Engineer with the hope that this time the procedure to form an Assessment District could be successfully carried out. The Clerk was to submit to the City Engineer the signed petitions in order that he might call upon these people to assist in persuading those who had heretofore protested against such street improvements. City Engineer Hanna asked that High Street, from Fillmore Street to Washington Street, also be included in the proposed proceedings as it was particularly in need of improvement. City Attorney Cunningham remarked that he understood this authorization also extended to the use of a Bond Counsel in the event the work contemplated was to be so financed. It was agreed that any steps necessary to accomplish the street improvements desired were in order. HEARINGS: ./ 5Y The matter was called up with regard to the Appeal from the decision of the Planning Board to deny the requested two variances pertaining to the rear yard encroachments on the property known as 1036 San Antonio Avenue. The Appeal was filed by Grover A. and Jean W. Chessmore, owners of said property. The Clerk stated all interested parties had been notified that the Hearing on this matter would be held at this Council meeting. Also, copies of the minutes of the meeting of the Planning Board at which this application was considered had been sent to the Councilmen for their information. Upon request, Mr. Donald Johnson, Planning Director, reviewed the history of this case. He pointed up there were actually three variances requested. The Board had granted one along the side yard adja- cent to the street to allow room for a larger automobile, but had denied the two which encroached into the rear yard. He emphasized that the lot was only thirty-five feet by ninety feet and further addi- tions simply overbuilt this very small lot. Mr. Cunningham then stated the issue before the Council was whether or not the action of the Planning Board under Section 11-161(b)(e) of the Alameda Municipal Code should be affirmed, modified or reversed. Vice President Rose then called for any proponents of the question and Mr. Chessmore spoke in favor of being allowed to build an addition to the bedroom with a balcony. Upon the call for opponents to the issue, Mr. William P. Hurley, 1263 Hawthorne Street, said he was still opposed to the requested encroachments into the rear yard of this lot as it would be detrimental to his property by setting a precedent for others similarly located. There being no one else desiring to speak on the subject, the Hearing was declared closed. Following some discussion by the Council, Councilman McCall moved the Appeal be denied and the ruling of the Planning Board be upheld. The motion was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 6. The matter was next called up concerning the Appeal from the decision of the Planning Board to deny application for a Use Permit to change one non-conforming use (grocery store) to another use (laundromat). Said Appeal was filed by Mr. Stanley D. Whitney, Attorney, on behalf of Messrs. Steve Chrissanthos and Theodore A. Harms and the Misses Louise and Wilma Harms. The property was located on the southeast corner of Park Street and San Jose Avenue. The Clerk again remarked that the inter- ested parties involved had been informed that the Hearing in this matter would be held at this time and place. Further, copies of the minutes of the meeting of the Planning Board at which this applica- tion was discussed had been sent to the Councilmen for their information. Upon request, Planning Director Johnson also reviewed this case, pointing up that the property was in the "R-5", General Apartment District, even though a grocery store had been operated in these premises for many years. He emphasized that the Board and the Staff had felt for sometime that these non- conforming uses should be phased out and since the grocery store had closed several months ago, this building had served its purpose in a commercial use. The City Attorney then stated the issue before the Council was whether or not the action of the Plan- ning Board under Sections 11-162(e)(f) and Sections 11-151 and 11-152 of the Alameda Municipal Code should be affirmed, modified or reversed. Upon the call for proponents of the question, Mr. Whitney, Attorney, addressed the Council on behalf of the Appellants. He stressed the fact that the property was small and could not possibly be used for residential purposes. He stated his clients intended to spend considerable money in renovating the building and furnishing the necessary equipment for the proposed laundromat. Mr. Whitney empha- sized that the other three corners of this intersection were zoned commercially and were occupied by businesses. He claimed the denial of this application would be a definite hardship upon the owners, who had paid taxes for many years and would, of course, have to continue to do so, even though they did not have any income therefrom. He urged that the Council grant the requested Use Permit. At this point, Vice President Rose noted it was 8:00 o'clock, the time provided in the City Charter for the biennial reorganization of the City Council. He stated, however, that if there were no objections, the Council would proceed with the regular order of business and take up the induction of the re-elected Councilmen and the election of a Mayor and Vice President of the Council at the end of the agenda as it was indicated thereon. It was so ordered. The Hearing then continued and the Vice President inquired if there were any opponents to the question who wished to speak on the subject. There was no response and Vice President Rose declared the Hearing closed. Councilman McCall voiced his thinking on the matter and moved the Council grant the Appeal and over- rule the decision of the Planning Board. This would allow a Use Permit for the operation of a laundro- mat on said premises. The motion was seconded by Councilman La Croix. Speaking on the question, Councilman Bartley expressed his opinion that such commercial uses should definitely be phased out. He believed that just so long as these old non-conforming buildings were allowed to remain, the proper zoning could not be realized. He felt the fact that the building was vacant indicated it could no longer serve a useful purpose in a commercial zone. Vice President Rose said he thought this was comparable to confiscating a man's property - he was being told he could not use his building but he had to pay taxes on it. The question was then put and the motion carried by the following roll call vote. Ayes: Three. Noes: Councilman Bartley, (1). Absent: President Godfrey, (1). REPORTS OF OFFICERS, BOARDS, ETCETERA: 7Y From City Manager, reporting all requirements satisfactorily completed by Morrison Bros. Improve- ment Co. on its development covered by Parcel Map No. 209 - recommending the work be accepted and the performance bond be released. Councilman La Croix moved the recommendation be adopted; that the project be accepted and the bond be cancelled. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 8. From City Manager, recommending contract be awarded to Good Chevrolet, low bidder, for furnishing one Pickup Truck to the Golf Department, at the total cost of S2,130. Councilman 1:3artley moved the recommendation be accepted; that contract be awarded to the designated firm for furnishing the specified truck at the cost quoted. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 9. Fran City Manager, recommending the rejection of the sole bid received on the City's call for fur- nishing one light -duty Pickup Truck for the Golf Department, and that authorization be given to pur- chase said vehicle in the open market under provisions of Section 3 -15 of the City Charter. Councilman McCall moved the recommendation be followed; that the one bid be rejected and the City Manager be authorized to negotiate in the open market for the purchase of said vehicle on.the finding that it could be more economical so to do. The motion was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 10. From City Manager, recommending the Council authorize the abatement of a public nuisance by the County Health Officer, at City expense, as provided under Sections 15 -711 and 15 -715 of the Alameda Municipal Code. This concerned a broken house sewer and plumbing at 513 Santa Clara Avenue which had attracted rodents and was causing a hazard to public health. The owner did not reside in Alameda and efforts to locate him had been futile to date. Following some clarification of the procedure by which the City would be reimbursed in this matter, Councilman La Croix moved the recommendation be adopted and the Council authorize the abatement of the nuisance as provided. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. NEW BUSINESS: 11` Councilman McCall referred to the recent ceremonies in observance of the Twenty -fifth Silver Anni- versary of "Doolittle Tokyo Raiders ". He stated he had the privilege and pleasure of representing the City aboard the USS Oriskany last Saturday in participation with the City of Oakland and the County of Alameda in this event. Councilman McCall had accepted on behalf of the City a beautiful plaque which was "Presented to the City of Alameda in Appreciation of the Twenty -fifth Anniversary - Doolittle Tokyo Raiders, April 15, 1967 ". He then presented said plaque to Vice President Rose and this honor was recognized with hearty applause. RESOLUTIONS: 12. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7121 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model Three -Wheel Gasoline Vehicle for the Park Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 13. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7122 Adopting Specifications, Special Provisions and Plans for Clement Avenue Widening, Chestnut Street to Oak Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 14. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7123 Authorizing H. D. Weller, City Manager, and Richard E. Watson, Assistant City Manager, to Sign for and Accept Surplus Federal Property Under Public Law 655." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 15. The following resolution was introduced by Councilman Bartley, who moved: its adoption: "Resolution No. 7124 Adopting Specifications, Special Provisions and Plans for the Resurfacing of Various Streets in the City of Alameda, 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: Four. Noes: None. Absent: One. The Vice President then declared all of the foregoing Resolutions adopted. ORDINANCES FOR PASSAGE: 16. "Ordinance No. 1548, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Alameda Campus, Peralta Junior College District) 4 za Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. FILING: 17. Specifications and Provisions No. MS 4-67-7 - One Three-Wheel Gasoline Vehicle for Park Department. 18. Specifications, Special Provisions and Plans No. PW 4-67-9 - Clement Avenue Widening, Chestnut Street to Oak Street. 19. Financial Statement - Bureau of Electricity, as of February 28, 1967 - Verified by Hackleman, Larzelere & McKenna. 20. Auditorts Financial Statement - City of. Alameda, as of March 31, 1967 - Verified by Hackleman, Larzelere & McKenna. 21. Specifications, Special Provisions and Plans No. PW 4-67-10 - Resurfacing of Various Streets. BILLS: 22. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $35,808.37, 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 McCall moved the bills as itemized in the List of Claims filed with the City Clerk on April 18, 1967, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. REORGANIZATION OF THE CITY COUNCIL: 23. At this time, Vice President Rose asked the City Clerk to assume the Chair during these proceed- ings. The Clerk then administered the Oath of Office to Councilmen-elect Terry Y. La Croix, Jr., and George A. Rose. Upon roll call by the Deputy City Clerk the following were noted present: Councilmen Bartley, La Croix, Jr., McCall and Rose, (4). Absent: President Godfrey, (1). The Clerk stated that under provisions of Sec. 3-7(a) of the City Charter, she wellid declare nomina- tions open for Mayor of the City of Alameda and President of the City Council. Councilman McCall thereupon stated he was proud and happy to place in nomination the name of William S. Godfrey for Mayor of the City of Alameda and President of the City Council. The nomination was seconded by Councilman La Croix. There being no further nominations for this office, the roll was called with the following result. Ayes: Councilmen Bartley, La Croix and McCall, (3). Noes: None. Not Voting: Councilman Rose, (1). Absent: President Godfrey, (1). Councilman Rose explained that he had tried in vain to persuade President Godfrey to agree he would accept another term as Mayor of the City of Alameda and the Mayor had made him promise that, under no circumstances, would he vote for him as Mayor. He would not break his word to his friend and, there- fore, he had abstained from voting. The Clerk thereupon declared William S. Godfrey the Mayor of the City of Alameda and President of the City Council, and then called for nominations for the office of Vice President of the City Council. Councilman Rose then stated it was his pleasure to nominate Councilman Terry La Croix, Jr., for the office of Vice President of the Council. The nomination was seconded by Councilman Bartley. There being no further nominations for said office, the question was put and Councilman La Croix was elected Vice President of the Council on the following roll call vote. Ayes: Councilmen Bartley, La Croix, McCall and Rose, (4). Noes: None. Absent: President Godfrey, (1). The Clerk then declared Councilman La Croix elected to the office of Vice President of the City Council and proceeded to administer the Oath of Office. Vice President La Croix then assumed the Chair and expressed his thanks for this honor and voiced his esteem for retiring Vice President George Rose, who had, given many years of service to the City. He pointed up the very recent dedication of the new Will C. Wood Elementary School and the decision to employ a firm of planning consultants to prepare a new Master Plan of the City and emphasized that the community had many good things to look forward to. Upon invitation, Councilman Rose introduced his sister, Miss Margaret Rose, retired school teacher. Vice President La Croix then introduced the members of his family: his father, Terry Y. La Croix, Sr., his wife, Patricia, and his daughters, Connie, Cindy, Kimberly, Sharon and Carrie. Mrs. Milton C. Godfrey, mother, and Nancy, daughter, of President William S. Godfrey were also introduced. All were welcomed to the meeting with hearty applause. Vice President La Croix also announced that Councilman Bartleyts son, Stephen, had received his appoint- ment to the U. S. Naval Academy at Annapolis. This was a great honor to his family and congratulations were in order. Capt. Kniskern, Commanding Officer of the U. S. Coast Guard Base on Government Island, and his wife were also introduced and welcomed. ADJOURNMENT: 24. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, May 2, 1967, at 7:30 otclock. Respectfully submitted,