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1962-08-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVEN G AUGUST 21 1962 The meeting convened at 7:30 o'clock p.m. with President Collischonn presiding. The Pledge �l of Allegiance was lad by Councilman Rose and an inspiring Invocation was then delivered by the � ! Reverend Miss Gladys C. Grier, Minister of Home of Truth. � | � ROLL CALL The roll was called and Councilmen Godfrey, McCall, Rose, Schacht and President Collischonn, (5), were noted present. Absent: None. MT0DT86:I 1. The:minutes of the regular meeting held August 7, 1962, were approved as transcribed. WRITTEN 'COMMUNICATIONS: .. 2� From Mr. and Mrs. George A. Jurgeuo� 942 Park Street,and Mr. and Mrs. N. Van Winkle, 938 Park Street, requesting that the City widen the curb cut for their community driveway. The President explained the City policy which has been in effect for at least fifteen years that it will repair or replace such driveway cuts only where damage has been caused by street trees or where street construction or maintenance results in a drainage grade different from that established by existing driveways and which affects public drainage. It was felt this is a completely fair policy and it has been followed consistently in the past and no exception should be made in this case. Councilman Godfrey suggested a letter be sent to the parties involved outlining the points of the policy as stated. The Clerk was so instructed. - j� J From Mr. G. N. Pope, 1820 Bay Street, requesting time in which to ask questions pertaining to the Committee on Charter Revision and the minutes of the Council meeting of August 7, 1962. ORAL COMMUNICATIONS: 4. Mrs. Inez Kapellas, 1010 Encinal Avenue, referred to the Act of 1917 of the State of California concerning tide and submerged lands. She said Article 15, Section 3 of the State Constitution states these lands cannot be put into the hand of private ownership - yet by Ordinance No. 1148, New Series, the Council ordained that Utah Construction Compbuy owns these lands - and she inquired why this had been allowed. Mrs. Kapellas also quoted from the Fill Agreement, page 5, paragraph 11, which states that n9ermittee'^ shall exercise in a manner consistent with and subject to all the terms and conditions of the trust upon which said lands are held by the City of Alameda and State of California. She contended this has not been complied with. She said she would like to be advised on why this had been allowed to be put on the ballot. Mrs. Kapellas aeked't6at one of the Councilmen request the legal opinion of the Attorney General of the State of California and also request an investigation of this matter by the Federal Grand Jury, as a protection to the City. 5. Mr. C. N. Pope, 1820 Bay Street, stated he had doubts that the Council is pursuing the correct manner in which to obtain proposed amendments to the Charter.. He quoted from Article II, Section 222, of the Constitution of the State of California on the subject. He questioned the provisions as authorized by Council Resolution No. 6381. President Collischonn assured Mr. Pope that, upon advice of the Acting City Attorney, the Council is of the opinion it is proceeding on the right course. Be invited Mr. Pope to discuss the question with Mr. Way. HEARINGS: V 6. The matter was presented concerning the requested rezoning of property known as 1605_1607 Oak Street from the "R-6" District to the "C-M" District. The Clerk stated there was on file the Affidavit of Publication of the Notice of said Hearing at this time and place. However, a letter had been received from Mr. John Mitcheom, Sales Manager of Leuck Realty, requesting that the Hearing be continued to a later date due to the fact the interested parties could not be present at this meeting. The President stated that, if there are no objections, he would like to continue the Hearing on this matter to the Council meeting of September 18, 1962. Councilman Schacht made a motion to this effect, which was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 1 7. The matter was called up with regard to the requested rezoning of property known as 631 Taylor Avenue from the "C -2 ", Central Business District, to the "R -4 ", Neighborhood Apartment District. The Clerk stated the Affidavit of Publication of the Notice of said Hearing at this time and place was on file. Copies of the minutes of the meeting of the Planning Board at which this matter had been considered have been sent to the Councilmen for their information and it was stated that the Planning Board has recommended approval of the application. Mr. Schoenfeld, Planning Director, reviewed the circumstances and Mr. Way, Acting City Attorney, cited the criteria upon which the Council should base its decision. Upon inquiry by the President, there were neither proponents nor opponents present to speak on the matter. The President then declared the Hearing closed and Councilman McCall moved the requested rezoning be approved as recommended by the City Planning Board. The motion was seconded by Council- man Godfrey and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances ". 8. Continued from the last meeting was Lhe Matter of the Petition from South Shore Land Co. for the rezoning of certain portions of Unit I, /Tract No. 1898- west of Grand Street, South Shore, comprising fifteen acres, more or less. / Tract No. 1866, and Unit II, The Clerk stated a number of letters and petitions have been received since the last meeting of the Council indicating opposition to and support of the rezoning. Also, a letter was on file from South Shore Land Co., dated August 13, 1962, requesting the Council to adopt a plan of procedure in conducting the Hearing, as outlined therein. Upon request, Mr. Schoenfeld, Planning Director, presented the factual data and reviewed the history of the entire area encompassed by Unit II, pointing up that the Planning Board has recommended denial of the petition for the rezoning of the particular portion under consideration at this Hearing, not so much because of the additional acreage of "R -5 -PD" but because it was the opinion of the majority of the Board that the Petitioner's plan was an ill- considered piece ,of planning. Mr. Way then recited the legal criteria upon which the Council should base its decision, giving consideration to the community welfare, public necessity and convenience. The President then read a prepared statement setting forth the procedure under which the Hearing would be conducted. He then invited the proponents to address the Council. Mr. Charles T. Travers, Vice President of South Shore Land Co., appeared on behalf of his petition. He first introduced Mr. Bruce Mitchell, Legal Counsel; Mr. Harold MacGinnis, Resident Engineer; Mr. Richard Dorman, Architect; all members of his Staff. Mr. Travers quoted some of the points and statements made during the Hearing held on his first petition for rezoning ,a larger portion of Unit II at the Council meeting of June 6, 1962, emphasizing that the Council had clearly indicated it was reasonable to have multi - family development along Shore Line Drive and also that it would be agreeable to the rezoning of a certain fifteen acre portion of the area for multi- family residences. At this time, Mr. Travers read a letter Gated August 21, 1962, transmitting a petition containing the signatures of 8,476 residents of Alameda, "requesting that the City Council unconditionally approve the petition of South Shore Land Coo to rezone 15 acres of land in its Unit 2 project adjoining Shoreline Drive to R -5 so that the property will be available for the construction of deluxe garden apartments ". He then filed said documents with the City Clerk. Mr. Travers stated there had been a great deal of misinformation circulated by the opponents to his petition. He suggested that he be allowed to use the remainder of his allotted time to enter into a discussion with the Council to resolve this problem and determine upon a mutually satis- factory plan for the development of the area involved. In response to the President's inquiry, Mr. Way gave his opinion that the proponent may utilize his time in any way he deems fit provided it is pertinent. Mr. Weller pointed out the Council would, however, be rather sharply restricted in such a discussion with respect to the modification of the, application which it could make. For instance, it could further restrict the boundaries in the present application but it could not expand them in any way. Following clarification by Mr. Travers of the extent of the area to be discussed, Mr. Way pointed out that the Hearing in progress covers only the petition for the rezoning of the certain fifteen- acre parcel and all other areas are irrelevant to the subject. Mr. Dorman of Richard Dorman and Associates, 113 North Jacinto Boulevard, Beverly Hills, California, employed by South Shore Land Co. as the architect to develop the property, then explained his plans for the area's development by illustration of sketches showing the over -all lay out and the tyPes of garden apartments to be erected. He pointed up the low density to be maintained and that the maximum height of the buildings would be three stories. It was brought out that the high rise concept has been eliminated from the company's plans. Mr. Gordon Taylor of the Associated Home Builders of the Greater East Bay submitted a set of charts and spoke on the comparison of revenues and other economic aspects of the proposed development with multi - family versus single- family residences. At this time Mr. Travers read from his letter of July 16, 1962, concerning the development of portions of Unit II. He felt further discussion should be had of alternative plans in the event the present petition does not come to a successful conclusion. He reviewed the endeavors his company had made to submit plans in line with what it thought the Council wanted, and claimed that the study and work of the past two years would be lost if the Hearing were closed and he had to start through the proceedings again. He asked that he be given some definite guidance and he ' could then have his architects recon ciie their plans accordingly. Mrs. Karen Mae King, 412 Yorkshire Road, also spoke in favor of the requested rezoning. The President then called upon the opponents to the rezoning. Mr. Richard Bartalini, 405 Greenbrier Road, stated he was a member of the Board of Directors of the Alameda Chamber of Commerce, President and Chairman of the Board of Directors of the Alameda Junior Chamber of Commerce and also a member of the South Shore Isles Home Owners Association. He spoke particularly about the petition filed c_- by Mr. Travers which contained the signatures of 8,476 residents in support of the rezoning. Mr. Bartalini voiced objections to the manner in which the signatures had been procured and the question- able validity of many Of the signers. He asked the Council's indulgence in the use of a tape recorder to demonstrate his accusation by playing a recording of a conversation between one of the circulators of the petition and a prospective signer. Mr. Bruce Mitchell, Legal Counsel of South Shore Land Co.,objected to the use of said tape recorder. After some clarification by Mr. Way, the tape recorder was played. The following persons then addressed the Council in opposition to the requested rezoning: John Parker, DDS, 735 9almerm Court; representing a group of professional men in Alameda, read a pre- pared statement which had been signed by eighteen dentists; E. W. Henderson, MD, 1538 Gibbons Drive, also read a prepared statement which had been signed by fifty-eight doctors in the City~ Both statements were substantially the same as petitions already submitted to the Clerk, copies of which had been sent to the Councilmen. Mr. Don Bruzzone, 133 Santa Clara Avenue, spoke on behalf of the Alameda Junior Chamber of Commerce. Mr. ' eo Calkins Attorney, 3210 Fairview AVenve, represented the "Citizens Who Support the Master Plan". Mr. G. N. Pope, 1820Bay Street; Mr. Peter Walsh, 1727 Clinton Avenue; Mr. Frank Gottntein, 731 Haight Avenue; Mrs. Myrtle McClure, 2602 Calhoun Street, member of Alameda Real Estate Board; Mrs. Jon I. Roberts, 1721 Pearl Street; A. S. Edgerton, DDS, 650 Grand St. All of the foregoing speakers emphasized the desire of the people of Alameda that the development of this section of the South Shore Area be primarily single-family homes and that no rezoning be allowed in this case. During the rebuttal period, Messrs'. Bartalini, Calkins and Walsh spoke on behalf of the opponents and Mr. Travers spoke in support of his petition. The President then declared the Hearing Closed. Councilman Schacht read a prepared statement on the subject, following which he moved that the application for the rezoning of a portion of South Shore Unit No. 2 be denied. Councilman Godfrey commented that he concurred with the remarks read and then seconded the motion. Speaking on the question, Councilman McCall reviewed the circumstances involved and expressed his ideas concerning the development of the South Shore. ' Mr. Travers made a final plea that the Council define exactly what it means and what procedure should be followed. He referred to the suggestions made both by the Councilmen and even the opponents that he meet with interested partiesto resolve the problem and he claimed he had been trying to do this for a long period of time. He said he had thought the present petition was in line with the Council's thinking. The President assured Mr. Travers he felt there would be a means found by which various parties concerned could meet and determine upon a logical plan. The question was then put and the motion carried on the following roll call vote. Ayes: Council- men Godfrey, Rose, Schacht and President Collischonn, (4). Noes: Councilman McCall, (1). Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: .v' �. From the City Manager, reporting all work satisfactorily completed on the project of Resurfacing on Otis Drive at Mound and at Pearl Streets - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Schacht moved the recommendation be adopted; that the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Godfrey and carried [-- on the following roll call vote. Ayes: Five. Noes: None.' Absent: None. 10. From City Planning Board, signed by the Secretary, requesting a thirty-day extension of time from August 31, 1962, in which to take action on the petition from Mr. C. A. Chapman for the rezoning of certain properties known as 600 Central Aveoue. Councilman McCall moved the Council grant the extension of time as requested by the Board. The motion was seconded by Councilman Rose and unanimously carried. ) 11. From City Planning Board, signed by the Secretary, recommending the denial of the petition from Mr. Paul J. Dillworth to rezone certain properties at Maitland Drive and Flower Lane from "C-l^` to "R-5" District and from "R-l" to "R-5" District. The Hearing on this matter was set for the Council meeting to be held September 4^1962. 12. From City Planning Board, signed by the Secretary, recommending adoption of the proposed amendment Lo Sec. ll-l4&7(j) of Alameda Municipal Code (Zoning Ordinance No. 1277, New Series) relating to permitted fence heights in certain yard areas of corner lots. The Hearing on this matter was also set for the Council meeting to be held September 4, 1962. �V lj From City Planning Board, signed by the Secretary, concerning the Property Division Map filed by Schmidt&Cravatt for the parcel located on the southwest aide of Fillmnre Street, approximately 235 feet easterly of Peach Street - recommending approval of said Map subject to the stipulations contained in the City Engineer's Report dated August 3, 1982^ Cnuncilman.8oae moved the recommendation be adopted; that the designated Property Division Map be approved, subject to the stipulations contained in the City Engineer's Report dated August 3, 1962. The motion was seconded by Councilman Godfrey and curried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 14� From City Planning Board, signed by the Secretary, with regard to the Property Division Map filed on behalf of Younger Bros. Co. for Parcel C, Lot 107, Block 3, Tract No. 1806, Unit I, South Shore - recommending approval of said Map subject to the stipulations set forth in the City Engineer's Report dated August 2, 1962. ,Councilman Schacht moved the recommendation be accepted; that the specified Property Division Map be approved, subject to the stipulations set forth in the City Engineer's Report dated August 2, 1962. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. \r 15. From the City Manager, recommending contract be awarded to Gallagher & Burk, Inc., low bidder, for the project of Resurfacing County Road and Certain Local Streets, at the total cost of $12,117.50. Councilman Godfrey 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 Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. . 16. From the Alameda Recreation Commission, signed by Mr. Terry LaCroix, Cbairmuh , requesting that an interim rental fee be established for private-group use of the City Swim Centers and also submitting recommended rates for two-hour periods' therefor. Councilman Rose moved the recommended schedule of rates as outlined in its communication of August 16,1982, be established as the interim rental fee for private-group use of the City Swim Centers, with the same procedure to be followed as in the past. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17. From the Alameda Recreation Commission, signed by the Chairman, submitting its progress report on the proposed order and manner in which certain items in the Capital Outlay Account may be accomplished to provide improved recreational facilities. The Council noted the information and the communication was to be acknowledged by the Clerk. 18. From Mr. Charles M. Romonowitz, member of the Public Utilities Board, requesting a leave of absence from his duties for the period from August 19, to October 15, 1962" due to his being out of the State. Councilman Schacht moved the leave of absence be granted to Mr. Romanowitz for the period requested. The motion was seconded by Councilman Rose and unanimously carried. INTRODUCTION OF ORDINANCES: 19. Councilman McCall introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (631 Taylor Avenue) RESOLUTIONS: 20. The following resolution was introduced by Councilman Schacht, who moved its adoption; "Resolution No. 6394 Resolution of the Council of the City of Alameda Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model 1250 GPM 'Class "A" Pumper and Equipment, for the Fire Department, 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 Five. Noes: None. Absent: None. 21. The following resolution was introduced by Councilman Rose, who moved its adoption: Resolution No. 6395 Resolution of the Council of the City of Alameda Adopting Specifications for Furnishing to the City of Alameda One(1) New, Complete Three and One- Half Cubic Yard, Double Gutter Broom, Dual Control Street Sweeper with Cab, 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: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman Godfrey, who moved its adoption: "Resolution No. 6396 Resolution of the Council of the City of Alamedd Adopting Specificatiouq" Special Provisions and Plans for Reconstruction and Widening of Buena Vista Avenue from Webster Street to Approximately 500 Feet West of Webster Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: 'Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman Godfrey, who moved its adoption: "Resolution No. 6397 Resolution of the Council of the City of Alameda Adopting Specifications, Special Provisions and Plans for Remodeling Various Offices in the City Hall, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 24. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6398 Resolution of the Council of the City of Alameda In Memoriam to Thomas M. Lane, Retired Fire Chief. "WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its former and most loyal officials, THOMAS M. LANE, Betited Chief of the Alameda Fire Department, "WHEREAS, Chief Lane had joined the Volunteer Fire Fighters of Alameda, in 1908, had then become a member of the official Fire Department on April 20,1909, and had retired June 30, 1958; and "WHEREAS, Chief Lane had been appointed Chief of the Alameda Fire Department in March, 1933, and had been indefatigable in his efforts toward the development and achievement of the most efficient fire fighting procedures and equipment; and "WHEREAS, Chief Lane had the distinction of having served the City of Alameda for over forty- nine years as a firefighter and Chief of the Alameda Fire Department, and had constantly striven to effect more protection for the citizens of this community against the hazards of fire; and "WHEREAS, Chief Lane had brought recognition and honor to the City through the Fire Prevention Programs carried out by his Department during his tenure of office and by his active participation in the several Fire Chiefs' Associations, "NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Alameda, in acknowledgment of Chief Lane's unique record of outstanding service to the people of the City, does hereby express its sense of personal loss and its gratitude for his devotion to the establishment of high standards of fire fighting and the invaluable work performed under his direction. "BE IT FURTHER RESOLVED, that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Chief Lane in order to extend to its members a sincere expression of condolence in their bereavement. "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of Chief THOMAS M. LANE." The motion to adopt said resolution was seconded by Councilman Rose and on roll call, carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President then declared all of the foregoing resolutions duly adopted. ORDINANCES FOR PASSAGE: "Ordinance 0o^ 1408, New Series An Ordinance Regulating the Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Conversion, Demolition, Occupancy, Equipment, Use, Height, Area and Maintenance of All Buildings and/or Structures in the City of Alameda; Providing for the Issuance of Permits and Collection of Fees Therefor; Providing Penalties for the Violation Thereof, and Repealing Ordinances Nos. 1257^ 1300, 1388, New Series, and All Other Ordinances and Parts of Ordinances in Conflict Herewith." (Uniform Building Code and Uniform Building Code Standards, 1961 Editions) Councilman Schacht moved the ordinance be passed as submitted. The motion was seconded by Council- man Rose and on roll call curried by the following vote. Ayes: Five. Noes: None. Absent: None. Y� FILING: 26. Specifications No. MS 8-62-8 - Pumper for Fire Department. 27. Specifications No. MS 8-62-9 - Sweeper for Street Department 28. Specifications No. PW 8-62-18 - Reconstruction and Widening of Buena Vista Avenue, west of Webster Street. 29 Specifications No. PW 8-62-17 - Remodeling Various Offices in City Hall. BILLS: 30. An itemized List of Claims against the City of Alameda and the Departments thereof in the total amount of $21,370.38, 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 August 21, 1902, 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: Five. Noes: None. Absent: None. ADJOURNMENT: 31. There being no further business to come before the meeting, the Council adjourned in respect to the memory of THOMAS M. LANE, Retired Chief of the Alameda Fire Department, after having observed a moment of silence. The Council will assemble in regular session on Tuesday, September 4, 1962, at 7:30 o'clock p.m. Respectfully submitted,