Loading...
1964-11-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMED& HELD WEDNESDAY EVENING - - - - - - - NOVEMBER 4, 1964 The meeting convened at 7:30 o'clock p.m. with Vice President McCall presiding. The pledge of Allegiance was led by Councilman Rose and was followed by an inspiring Invocation delivered by The Reverend Mr. Charles N. Nahnsen, Pastor of Immanuel Lutheran Church. Vice President McCall explained that Mayor Godfrey and City Manager Weller had to attend a meeting of the Mayors' Conference at which the Board of 3uOerviaoro of Alameda County would be present to discuss the "Mayors' Bzrmula" pertinent to the allocation of gas tax funds to all cities within the County. ROLL CALL: The roll was called and Councilmen Freeman, La Croix, Jr., McCall and Rose, (4), were noted present. Absent: President Godfrey, (1). MINUTES: 1. The minutes of the regular meeting held October 20,- 1964, were approved as transcribed. WRITTEN COMMUNICATIONS: 2v From Attorneys for Shore Line Properties, Inc,, signed by Mr. James B. Davis, concerning the Petition and Notice for the Formation of the Bay Farm Island Reclamation District. It was requested that the Public Hearing in this Matter be held on November 17, 1984, instead of at this meeting, as originally scheduled. There being no objections, it was so ordered. 3,v~ From Attorneys for Alameda West Lagoon Home Owners' Association, signed by Mr. James B. Davis, with regard to the proposed Agreement between City of Alameda and Alameda West Lagoon Home Owners' Association. This provided for maintenance of the Lagoon System. The matter was referred to "Resolutions", for discussion at that Lime. 4^ v' From Kenneth A. Miller, 1004 Peach Street, and Maurice and Louise Jenkins, 1018 Peach 3Lreet, informing the Council of a serious drainage problem in this block. The Vice President stated he had inspected this area during the recent rainstorm and pointed out there was a considerable amount of water covering the entire atreet. He felt the condition should be referred to the City Manager for a full review with the City Engineer and to submit a report and recommended reme6y. In response to pertinent questions, Mr. Hanna clarified the circumstances involved, pointing up that this particular block had never been constructed to the ',official grade" and the property owners had not contributed toward the street improvement, Mr, Hanna was asked to investigate the possibility of installing a temporary pipe to carry the excess storm waters into a catch basin recently put in at Calhoun Street. He said he would include this in his report on the subject to the City Manager. It was suggested to the property owners present that they discuss with the City Attorney the matter of the formatihn of an Assessment District to finance the improvement of their atreet. Mrs. Albert Flake, 1007 Peach Street, stated she thought it was an imposition on the property owners to expect them to pay for street improvements when this was a "truck route". She said that when they bought their home, all the public improvements were in and were in excellent condition, and they had been assured there would be no future expense to them. 5. From Alameda Woman's Improvement Club, Inc., signed by Mrs. L. Benedetti, Recording Secretary, forwarding a complaint from residents in the area of Eighth Street and Central Avenue about the dif- ficulty of pedestrians in crossing the street during peak traffic hours. Upon inquiry, Mr. Hanna replied that the City was currently in negotiation with the State Division of Highways and he expected the traffic signal lights to be installed at this intersection within the next six moncha. The Clerk was to so inform the Club. h.` Application for Permit to Fill Property was filed by Vladimir and Olga Turski and Raymond Kaliski covering the area known as 516-550 Central Avenue with 158,000 cubic yards of material by dredging and excavating. The Application was accompanied by an approved Bond. Councilman Rose moved the Application be approved and the PeoMit to Fill Property be granted to the designated persons as regueyced. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Councilmen La Croix, Rose and Vice President McCall, (3). Not Voting: Councilman Freeman, (1). Noes: None. Absent: President Godfrey, (1). ORAL COMMUNICATIONS: 7. Mr. James B. Davis, 2722 Bayview Drive, stated he was representing the Alameda West Lagoon Home Owners' Association and requested permission to answer questions, if any, when its matter came up under "Resolutions". 8° Mr. Arthur Smith, 1417 Everett Street, asked that the Council authorize the construction of "barriero, along the side and rear lines of his property to protect it from those driving into the parking lot adjacent thereto. Mr. Smith said he stored a great amount of paper material in his house and if anyone happened to run into it, he could lose a substantial sum of money by having said sup- plies exposed to the weather. The Vice President stated the matter would be referred to the City Manager for his submission to the Public Utilities Board, of which he too, was a member, Mr. Smith would then be advised about its decision. ^-- HEARINGS: ^/' ! 9. The matter was called up concerning the Appeal filed by the Misses Carolyn M. and Mildred B. Anderson from the decision of the Planning Board to deny a variance on their property known as 408 Greenbrier Road. The Clerk stated copies of the minutes of the Board meeting at which this matter had been considered had been sent to the Councilmen for their information. Also, the parties concerned had been notified X6ut the Hearing on the Appeal would be held at this meeting. Upon request, Mr. Cunningham stated the legal issue before the Council was whether or not the action of the Planning Board under Section 11-161(d)(e) should be affirmed, modified or reversed. | � Planning Director Johnson was then called upon to review the history of this case. It was brought | out that the "patio cover" in question had been constructed without having procured a building permit and had also been installed prior to having applied for a variance to allow its encroachment into the | rear yard area. Mr. Johnson pointed out that the property owners were apparently the innocent vic- tims in this situation, having relied on the contractors to take care of the necessary permits. During the course of a discussion on the question of "after-the-fact" applications for variances or whatever permits might be involved, the opinion was expressed that the Council could not continue to ' "8o along" with such circumstances, and thus build up precedent. Upon call for the proponents to speak on the subject, there was no response. The Vice President then ! inquired if there were any opponents to the decision of the Planning Board. Mr. Louis Gre8giuo, | representative of the Air Vent Awning Company, which had installed said patio cover, addressed the | Council and gave a complete explanation of the situation. He emphasized that his Company had always observed the building and zoning regulations and that he had been sent into Alameda to endeavor to | remedy any violations which might have occurred - such as this one. / The Vice President then declared the Hearing closed. Vice President McCall expressed his opinion that some study should be given to the idea of making it easier for people to use their yard areas for out- door living and to take advantage of and be able to enjoy the moderate weather available for such L_| purpose. Upon invitation to express his viewpoint, Mr. Johnson said these items could be provided for as "per- mioalVe usea". Be could see no objection to allowances for covering rear yard patios as long as the / cover was open on two sides. He pointed up that many Zoning Ordinances made such provisions without having to obtain a variance or use permit. Mr. Johnson offered to make a study of this phase of the City's Zoning Ordinance, if the Council so desired. Councilman La Croix concurred with this thinking and also accepted Mr. Greggins' explanation of the cause of this situation. Councilman La Croix then moved the Appeal he granted and the decision of the Planning Board be reversed to allow the variance required in this caae. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None, Absent: President Godfrey, (1). Mr. Johnson was asked to convey to the Planning Board the Council's reason for overruling its decision in this matter and also, that the Council would favor a study being made of the methods by which the Zoning Ordinance could be amended to allow more utilization of yard areas for outdoor living. REPORTS OF OFFICERS, BOARDS, ETCETERA: ~/ lO. From Director of Recreation and Parks, with regard to the acquisition of a small parcel of land adjacent to Woodstock Park, approximately one hundred feet by thirty feet in size. Vice President McCall relayed the request from Mr. Vernon Pecchinino, President of the Alameda Mutual Homes Corporation, that this matter be laid over indefinitely - pending further discussion and deci- sion by the members of the "Corporation" at a future meeting of said Body. There being no objections, it was so ordered. q' ll. �rom City Planning Board , signed by the Secretary, recommending approval of Property Division Map No, 124, subject to conditions contained in the City Engineer's Report of August 20, 1964, and allowing specific exception to Section 11-3119(u) of the Subdivision Ordinance to permit three lots of less than five thousand square feet each. Following some questions and clarification thereon, Councilman Rose moved the recommendation be accepted and that Property Division Map No, 124 be approved, subject to the conditions indicated and allowing the specific exception mentioned. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). The matter was then referred to "Resolutions". 12: From City Planning Board, signed by the Secretary, recommending reclassification of property known as Estuary Housing Project. It was stated the City Attorney had been requested to give a legal opinion on the legal issues involved and the Alameda Housing Authority had been requested to submit a statement of its position in this matter. The date of Hearing in this case was set for the Council meeting to be held December 1, 1964. °/ l3., From City Manager, recommending contract be awarded to A. C. Bashnick, low bidder, for the 9zn- ject of Installing Culverts and Drainage Improvements at Various Locations on the State Highway Route, at the total cost of $62,209, Councilman La Croix moved the recommendation be accepted and the contract be awarded to the desig- nated individual for said project at the cost quote6. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). / 14. From City Manager, recommending contract be awarded to Del Vigna and Moro Concrete Company, low bidder, for the project of Constructing Sidewalk on the west side of Eighth Street from Portola Avenue to Weocline Drive, at the total cost of $1,751.80. ! Councilman La Croix moved the recommendation be adopted; that contract be awarded to the firm iudi~ cated for the specified project at the total cos t quoted. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President . . . Godfrey, (1). INTRODUCTION OF ORDINANCES: 15. Councilman La Croix introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision 44 to Section 17-333 Thereof, Relating to All Time No Parking (West Side of Eighth Street Southerly of Central Avonue)." UNFINISHED BUSINESS: | ~ 16. Councilman Freeman referred to the matter of the publication of City ordinances not including the Clerk's certification, which shows the vote of the Councilmen - which had been brought out at the last meeting - and inquired if the Council wished to set policy on a procedure at this time or wait until President Godfrey was in attendance. In view of the fact that Preai6ent Godfrey was to have discussed this situation with Mr. Cunningham and then reported to the Council, it was agreed to wait until he had done so before taking any action. 17.\ Councilman Rose spoke of the invitation of Commodore Charles Thau of the Aeolian Yacht Club to take the members of the City Council on a boat tour of the perimeter of the City two weeks ago. Oofortunacely, only one member could have gone at that time. Therefore, Councilman Rose said the invitation had been extended again for this coming Saturday morning at I0:00 o'clock and if any of the Councilmen were able to go on said tour to let him know after the meeting. 18. Councilman La Croix referred to the recent accident where an automobile had run into the Comfort Station on the beach at the south end of Grand Street. This was the third time said structure had been damaged and he inquired if some type of barrier could be designed to obviate such accidents in the future. Councilman La Croix felt this was a problem insofar as the liability insurance of the City was concerned. Mr. Hanna stated he would consult with Mr. Johnson on this matter and ascertain what could be worked out to provide an adequate barrier as well as something aesthetically acceptable. RESOLUTIONS: 10. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6702 Approving Property Division Map No. 124 for Division of Property at the North Side of Calhoun Street Easterly from Peach Street, Alameda, California, and Permitting Recording Thereof -- Schmidt & Gruvutt," The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (l), The Vice President declared said resolution adopted. v' 20. "Resolution No. Authorizing Execution of Agreement Relating to Maintenance of South Shore Lagoon System." Upon request, Mr. Cunningham explained that the City Staff had met numerous times with representa- tives of the Alameda West Lagoon Home Owners' Association in working out the Agreement to accommodate the municipal purposes of the Lagoon System, namely, storm drainage - and, also, the aesthetic and recreational aspects said to be so desired by the home owners. He pointed up that said Agreement embodied the apportionment of costs involved and set up the mechanics of collection and disposition thereof. 8r. Cunningham stated this document was both a valid and practical solution to the adminis- tration of this project. Councilman Freeman raised several questions about the condition of the lagoons and the City's accept- ance of the work which had been done and that which she felt was yet to be done. Mr. William G. Werner, 040 Sandalwood Isle, asked that no action be taken on this matter until such time as all of the "principals" of the °Aaanoiatinu// could be present. Mr. James B. Davis stated he represented the Board of Directors of the Alameda West Lagoon Home Owners' Association and he had been instructed to proceed to discuss the subject and encourage action thereon. It was developed that the entire Lagoon System was included in the proposed Agreement. Councilman Freeman concurred with Mr. Werner and felt the matter should be postponed until certain phases of work had been accomplished before the Association and the City had to accept the burden of maintenance. A lengthy discussion ensued concerning many problem conditions of the Lagoon System. Mr. Hanna revieoed'in detail the study which had been given various ideas and other phases of providing proper operation of said Syatem. Certain engineering technicalities were also explained. Mr. Davis then asked, on behalf of the Alameda West Lagoon Home Owners' Association, that this matter be laid over. It was agreed that the matter would come up for further consideration at the Council meeting to be held December 1, 1964. ORDINANCES FOR PASSAGE: "Ordinance No. 1488, New Series An Ordinance Amending Section 1-214 of the Alameda Municipal Code, Relating to Enforcement of Said Code Within Area of City Occupied by United States." Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Council- man Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). FILING: 22. Financial and Operating Report - Bureau of Electricity, as of September 30, 1964. Verified by Hackleman & Larzelere. BILLS: 23. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $16,367.07, 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 La Croix moved the bills as itemized in the List of Claims filed with the City Clerk on November 4, 1064, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President Godfrey, (1). 24. At this time, Councilman Rose called attention to the Annual Veterans' Day Observance to be held Wednesday, November 11, 1964, in the City of Hayward. He urged all to plan to be on hand to view the parade which starts at 11:30 o'clock. ADJOURNMENT: 25. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, November 17, 1964, at 7:30 o'clock. Respectfully submit ed,