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1961-05-02 Regular CC Minutes342 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MAY 2, 1961 The meeting convened at 7:30 o'clock p.m. with President Collischonn presiding. The Pledge of Allegiance was led by Councilman Dungan and was followed by an inspiring Invocation delivered by The Reverend Harold Petroelje, Pastor, First Christian Reformed Church. ROLL CALL: The roll was called and Councilmen Dungan, Godfrey, McCall, Schacht and President Collischonn, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held April 18, 1961, were approved as transcribed. WRITTEN COMMUNICATIONS: ...•■■•••■•••••*.• 4 2. From County of Alameda Veterans Affairs Commission, signed by Mr. Allen F. Strutz, Treasurer, requesting the City to appropriate the sum of $250. to pay its share of the expenses for the 1961 Veterans Day Observance. Councilman Schacht moved the City Manager be authorized to include the requested amount in the 1961- 62 Budget. The motion was seconded by Councilman Dungan and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 3: From United States Army Corps of Engineers, signed by Col. John A. Morrison, District Engineer, concerning navigable conditions in San Leandro Channel and Bay. There being no objections, the matter was referred to the City Manager for further study and recom- mendation as to possible future action by the Council. It was so ordered. 41 From Aeolian Yacht Club, signed by Mr. J. M. Bridge, Secretary, submitting for the Council's information a copy of the Club's letter to Col. Morrison, District Engineer, with regard to the obstruction of navigable waters in San Leandro Channel and Bay. Councilman McCall moved this letter be referred to the file on the subject. The motion was seconded by Councilman Schacht and unanimously carried. ■/( 5. From Mrs. Barbara B. Kelly, 1522 Bay Street, suggesting the traffic signal at the intersection of Lincoln Avenue, Park Street and Tilden Way should function until 10:00 o'clock p.m. There being no objections, the matter was referred to the City Manager for administrative disposition. \/1 6. From Mrs. Mabel L. Kollmyer, 1624 San Antonio Avenue, commending the Fire Department for its efficiency - and agreeing that the Council has chosen a very fine man as Mayor of Alameda. The communication was noted with appreciation and ordered filed. From The Harold S. Choate Co., Building Contractors, signed by Mr. Choate, requesting the refund of Four Dollars which had been paid for Building Permit No. 217, in view of the fact the proposed work at 1322 Sherman Street had been canceled. Councilman Godfrey moved the refund be authorized and the specified contractor be reimbursed in the amount of Four Dollars. The motion was seconded by Councilman Dungan and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. In order to expedite such transactions, Councilman Godfrey moved the City Attorney prepare a resolution for the next Council meeting which will authorize the City Manager to direct the refund of such fees to a maximum amount of Twenty Five Dollars. The motion was seconded by Councilman Schacht and unani- mously carried. 8. From the Military Order of the Cootie, signed by Mr. Kenneth Bixby, requesting permission to hold a Donkey Baseball Game in an Alameda Park in June to raise funds for its welfare work - the specific time and place to be worked out with the Recreation Department. Councilman Schacht moved permission be granted to hold said game in accordance with the schedule and conditions to be determined by the Recreation Department. The motion was seconded by Councilman McCall and unanimously carried. 9. From Miles and Virginia McNeese, 517 Santa Clara Avenue, expressing appreciation for the recent meeting of the Library Board. President Collischonn thanked Mr. and Mrs. McNeese for their letter and stated he felt said meeting had been beneficial and he assumed the Library Board would review the reports received and submit a report at a later date. ORAL COMMUNICATIONS: 10. Mr. Frank Gottstein, 731 Haight Avenue, requested permission to address the Council under "Intro- duction of Ordinances" concerning proposed ordinance Number Two as listed on the agenda. HEARINGS: In the matter of proposed amendments to the provisions of Zoning Ordinance No. 1277, New Series, with regard to the following regulations: (1) Subparagraph (d), Sec. 11-14A6, more commonly known as "Small Lot Provisions"; (2) Front Setbacks; (3) C-2, Central,Business District; (4) Registration of Non-Conforming Uses. The Clerk stated the Affidavit of Publication of the proper Notice of Hearing covering the four items in connection with the Zoning Ordinance regulations was on file, together with all pertinent data and the recommendation from the Planning Board, in each respective case. 11. Item No. 1, with regard to Small Lot Provisions, was presented. There being no proponents who desired to speak on the subject, President Collischonn called for any opponents. Mr. G. N. Pope, 1820 Bay Street, registered his objection to the sideyard requirement in the belief that it is too restric- tive for "corner" lots. Upon request, City Attorney Annibale and Planning Director Schoenfeld clarified certain points, stating the proposed amendment is a relaxation of the existing provisions in this respect for "small lots". Following discussion by the Council, President Collischonn declared the Hearing closed. Councilman Godfrey thereupon moved the recommendation of. the Planning Board be approved. The motion was seconded by Councilman Dungan and on.roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances". 12: Item No. 2, relative to front setback requirements, was then called up. Upon request, Mr. Schoenfeld briefly reviewed the regulations involved in this matter. President Collischonn inquired if anyone wished to speak in favor of the proposed amendment and there was no response in this respect. The opponents were then called for and Mr. G. N. Pope again addressed the Council. There was some discussion by the Council, after which the President declared the Hearing closed. Councilman Schacht moved the Planning Board's recommendation be sustained. The motion was seconded by Councilman McCall and on roll call vote carried by the following vote. Ayes: Five. Noes: None. Absent: None. Theimatter was then referred to "Introduction of Ordinances". 13. Item No. 3, pertaining to certain regulations in the C-2, Central Business District, was next called up. Mr. Schoenfeld again was asked to clarify the situation and he briefly explained the circumstances. Upon inquiry, there were neither proponents nor opponents who wanted to speak on the proposed amendment and, after considerable discussion by the Council, the President declared the Hearing closed. President Collischonn moved the recommendation of the Planning Board-be upheld. The motion was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent:, None. The matter was referred to "Introduction of Ordinances". 14! Item No. 4, concerning the Registration of Non-Conforming Uses, was submitted. Upon request, Mr. Schoenfeld outlined the conditions involved. Upon inquiry, no proponent desired to speak. In response to the call for opponents to the question, Mr. G. N. Pope voiced his several objections to this proposed regulation. This phase of the Zoning Ordinance was thoroughly discussed by the Council, after which the President declared the Hearing closed. Councilman Schacht moved the recommendation of the Planning Board be sustained. The motion was seconded by Councilman Dungan and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances". 15. Next presented was the matter of the Appeal by the Island City Gun Club, Inc., from the decision of the Planning Board to deny a Use Variance for the operation of a shooting range at a site along the southeasterly side of Maitland Drive. The Hearing on this case had been continued from the Council meeting of April 4, 1961. Mr. Thomas Caton, Attorney, addressed the Council on behalf of the "Club", emphasizing the advantages of having adequate facilities for conducting this type of sport in a safe manner, as well as making available to young people proper supervision and training in the safe use of fire arms. Mr. John Mitcheom, Realtor, also pointed up the fact that conventional "financing" cannot be obtained for resi- dential development in this area due to the proximity of the runways of the Metropolitan Oakland International Airport. The following spoke in opposition to the question: Mr. Walter C. Brakebush, 369 Maitland Drive; Mr. John Kirby, representing Mr. Manuel Olivera, owner of property adjacent to the proposed shooting range; and Mrs. Karen King, 412 Yorkshire Road. Their principal objections were that the proposed installation would depreciate property values, create noise and danger and deter future residential development. Reference was also made to the petition of protest signed by ninety residents of Bay Farm Island which was filed at the Council meeting of March 21, 1961. 34/' Considerable discussion of the matter was had by the Council and thereafter the President declared the Hearing closed. Councilman McCall then moved the Appeal be allowed and the Use Variance be granted to the Island City Gun Club, Inc., for the installation and operation of its shooting range. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 16. From City Manager, reporting all work satisfactorily completed on the project of Reconstructing Versailles Avenue from Fernside,Boulevard to Marina Drive - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Godfrey moved the recommendation be approved; that said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman McCall and unanimously carried. 17. From City Manager, recommending contract be awarded to O. C. Jories and Sons, low bidder, for the project of Resurfacing Marshall Way and Pacific Avenue from Fifth Street to Main Street, at the total cost of $17,650. Councilman Schacht moved the recommendation be adopted; that the contract for this specified project be awarded to the designated firm at the price quoted. The motion was seconded by Councilman McCall and.carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: The following ordinances were introduced by the respective Councilmen, as indicated, after which they were laid over under provision of law and the Charter: 18. Councilman Schacht "Ordinance No. New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Subdivisions (Sections 11-315 and 11-319)." 19. Councilman McCall "Ordinance No. New Series An Ordinance Amending Section 5-264.1 of the Alameda Municipal Code (Permitted Obstructions -- Public Streets, Sidewalks, Etcetera)." At this point, Mr. Frank Gottstein was given the privilege of the floor as requested earlier in the meeting. He protested against this type of legislation which would permit structural encroachments onto public property. City Attorney Annibale clarified the purpose of the ordinance. 20. Councilman Dungan "Ordinance No. New Series, An Ordinance Authorizing the Sale of Certain City-Owned Real Property to Frank S. and Joyce K. Sandirk (Excess Property - Tilden Way)." (1715 Broadway) 21. Councilman Godfrey "Ordinance-No. New Series An Ordinance Amending Sec. 11-14A6 of the Alameda Municipal Code Relating to Building Site, Areas and Easements." (Zoning Ordinance) 22. Councilman Schacht "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code Relating to Front Yard Setback Provisions." (Zoning Ordinance) 23. Councilman Schacht "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code Relating to C-2 Central Business District Provisions." (Zoning Ordinance) ���� a�� -) 24. Councilman Schacht "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code Relating to Certification of Non-Conforming Uses." (Zoning Ordinance) UNFINISHED BUSINESS: 25. President Collischonn suggested the Council hold a special meeting next Tuesday, May 9, at 7;30 o'clock p,m^ for the purpose of discussing Council procedures. Agreement on this date was indicated by the Councilmen. 26. Councilman McCall broached the subject of the contemplated Charter revision and stated he felt the appointment of a Citizens Committee to start this Program should be undertaken as soon as possible. It was developed that the exact procedure for revising the Charter has not yet been determined upon and the matter would be given further consideration. RESOLUTIONS: 27. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 8212 Resolution of the Council of the City of Alameda Authorizing Execution of a Contract with the Division of Highways, State of California, for Removal of Two City-Owned Electroliers (Webster Street Tube Project)." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. The following resolution was introduced by Councilman Dungan, who moved its adoption: "Resolution No. 6213 Resolution of the Council of the City of Alameda Adopting Specifications, Special Provisions and Plans for Improvement and Widening in Tilden Way from Park Street to Pearl 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: Five. Noes: None. Absent: None. In connection with this improvement, City Engineer Hanna submitted the question of prohibiting pedes- trian traffic along this right-of-way in the interest of safety. He pointed out this would necessitate proper authorization to post signs to this effect. It was agreed an ordinance should be prepared to establish this regulation and it was so ordered. 29. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 0214 Resolution of the Council of the City of Alameda Adopting Specifications for Furnishing to the City of Alameda for the Fiscal Year Ending June 30, 1962: Gasoline; Automobile and Truck Tires and Tubes; Traffic Paint and Thinner; Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Dungan and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 30. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 0215 Resolution of the Council of the City of Alameda in Memoriam to Herman Grob (Retired Park Department Employee) "WITH DEEP SORROW, the Council of the City of Alameda records the death of one of its, former employees, HERMAN GROB, who had served the City for a period of twenty-three years. "WHEREAS, Mr. Grob had been employed by the City of Alameda as a laborer in the Park Department on July 1, 1917, and had retired on May 1, 1940; and "WHEREAS, Mr. Grob had performed the duties of his job conscientiously and well. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of his loyalty and his devoted efforts on behalf of the City, the Council of the City of Alameda hereby expresses its gratitude for his excellent service during the many years of his employment. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and a copy thereof be transmitted to the family of Mr. Grob, that it may extend to its members a sincere expression of sympathy and condolence in their bereavement; and "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 HERMAN GROB." The motion to adopt the following vote. 31. The following said resolution was seconded by Councilman McCall and on roll call carried by Ayes: Five. Noes: None. Absent: None. resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6216 Resolution of the Council of the City of Alameda in Memoriam to The Right Reverend Henry H. Shires, Retired Bishop Suffragan of California Diocese of the Episcopal Church "WITH PROFOUND AND HEARTFELT GRIEF, the Council of the City of Alameda records the death of a most distinguished and beloved citizen, The Right Reverend Henry H. Shires, Retired Bishop Suffragan of California Diocese of the Episcopal Church, who was formerly a resident of the City of Alameda. "WHEREAS, Bishop Shires was accorded great reverence for his outstanding and invalu- able spiritual leadership of thousands of people and had attained many honors through his devoted service to mankind in his chosen ministry; and "WHEREAS, Bishop Shires, during the period of his residence while serving as the Rector of Christ Episcopal Church, had been 1931, as a member of the original Golf Commission of Alameda and city until January 30, 1935; and in this community and appointed on July 30, had served in this capa- "WHEREAS, Bishop Shires had given unstintingly of his time and effort in the promotion and achievement of the Alameda Municipal Golf Course in the belief that its establishment would be to the great benefit of many of Alameda's citizens as a healthful and recrea- tional facility. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of the remarkable contribution made by Bishop Shires toward the spiritual uplift and social welfare of all peoples and his earnest and influential service in the best interests of the City, the Council of the City of Alameda hereby expresses its indebtedness to this noble man and its admiration for his many laudable accomplishments. "BE IT FURTHER RESOLVED, that this Resolution be apread in full upon the minutes of this meeting, and a copy thereof be transmitted to the family of Bishop Shires that it may extend to its members a sincere expression of sympathy and condolence in their bereavement; and "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 Bishop Henry H. Shires." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 32. "Ordinance No. 1367, New Series An Ordinance Authorizing the Acquisition of Certain Real Property for Street, Highway, Sewer and General Municipal Purposes (Portions of 1633 Everett Street -- Tucker -- Widening of Tilden Way)." Councilman McCall moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. FILING: 33. Contract - between State Division of Highways and City of Alameda - re Removal of Two Electroliers. 34. Financial Statement - Bureau of Electricity, as of March 31, 1961 - Verified by Hackleman & Larzelere. 35. Specifications, Special Provisions and Plans No. PW 3-61-4 Improvement and Widening in Tilden Way from Park Street to Pearl Street. 36. Specifications and Provisions No. MS 5-61-5 Furnishing Premium and Nan-Premium Gasoline for fiscal year ending June 30, 1962. 37. Specifications and Provisions No. MS 5-61-6 Furnishing Automobile and Truck Tires and Tubes for fiscal year ending June 30, 1962. 38. Specifications and Provisions No. MS 5-61-7 Furnishing Traffic Paint and Thinner for fiscal year ending June 30, 1962. BILLS: 39" An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $28,692.38, 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 May 2 1961^ and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT:. 40" There being no further business to come before the meeting, the Council observed a moment of silence in respect to the memory of both HERMAN GROB and BISHOP HENRY B. SHIRES. The Council then adjourned to assemble in regular session on Tuesday evening, May 16, 1961, at 7:30 o'clock. Respectfully submitte �