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1963-03-19 Regular CC Minutes64 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MARCH 19, 1963 The meeting convened at 7;30 o'clock p.m. with President Collischonn presiding. The Pledge of Allegiance was led by Councilman Schacht and an inspiring Invocation was delivered by The Reverend Mr. C. Edgar Menbera, Minister of First Methodist Church, RO CALL: The roll was called and Councilmen Godfrey, McCall, Rose, Schacht and President Collischonn, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held March 5, 1963, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Eastshore Lines, Charter Bus Service, signed by Mr. Warren K. Biller, President, con- cerning AB 889, which would prohibit the Alameda-Contra Costa Transit District from engaging in charter-bus business - and claiming that the "District" had put forth misleading and erroneous information with regard to its operations in furnishing this type of service. The President stated that since the Council had already taken action concerning AB 889, the cmn- munioacino would be referred to the legislative file. 3. From Alameda County Board of Supervisors, signed by The Honorable Leland W. Sweeney, Super- visor, Third District, notifying the Council of a meeting to be held on March 26, 1963, at 2:30 o'clock p.m. in the Court House, with reference to Municipal Courts - and suggesting that some City representative be present at that time to express the City's position in whatever action was to be contemplated. The President stated that, with the Council's permission, he would represent the City at this meeting. Reference was made to a memorandum from the City Manager, dated March 14, 1963, with regard to the City's expenditure of $8,300. per year for maintaining a Deputy District Attorney's office in the City, and inquiry was made about the costs in this respect to the other twelve cities in Alameda County. The convenience of having a Court in the City was deemed to be important to the citizens. It was agreed that the President would be furnished with pertinent information on the subject before his attendance at the meeting, Councilman Schacht felt the City should make every effort to retain its Municipal Court for the Alameda Judicial District and moved that the City Attorney prepare a resolution for adoption at this meeting in support of this position and the Mayor be instructed co present the City's case at the meeting. The motion was seconded by Councilman Godfrey and unanimously carried. � �� From Utah Construction & Mining Co., signed by Mr. Charles I. Travers, Manager of South Shore Land Office, in review of the South Shore Project to date and submitting a statement of what it now proposes to do concerning the development of Unit II. The President stated this letter had been published in full in the local newspaper and the subject had been discussed at the last meeting. Therefore, there being no objections, it was to be ack- edged with thanks and filed. 5. From Alameda County Board of Supervisors, signed by The Honorable Leland W. Sweeney, Super- visor, Third District, notifying the Council of two Public Hearings an the matter of the Oakland- Alameda County Coliseum, Inc., as follows: March 28, 1963, at 2;00 o'clock p.m. in the Veterans' Memorial Building, Hayward - and April 2, 1963, at 8;00 o'clock p.m, in Alameda County Court House. Councilmen Rose and McCall expressed their interest in certain phases of this project and voiced queries about it. The President suggested they make a point of attending the Hearing on March 28, and raise their questions at that time. 6.1/7 From Alameda Home Owners Association, signed by Mr. Robert O. Lippi, President, and South Shore Isle Home Owners Association, signed by Mr. B. L. Chrisman, concerning the development of Unit IT, South Shore Project, and requesting that immediate studies be made to incorporate the changes as itemized therein ou the map of record before the improvements were started. The President stated the letter was to be acknowledged with thanks and filed. Councilman McCall submitted a number of questions on the South Shore situation as covered by this letter as well as the one from Utah Construction & Mining Co., which the City Attorney answered. Councilman McCall stated he felt the majority of the people did not know the true facts about this development and aminhrity group had caused the City to accept a plan much less desirable than the one "Utah" had just recently submitted with its petition for certain rezonings in this area - which had been denied. ORAL COMMUNICATIONS: 7. Mr. Frank Gotcxceiu, 721 Haight Avenue, complained about a certain plumbing violation on the premises at Ninth Street 'and Central Avenue. Upon request, the City Engineer explained the circumstances involved and stated he would follow up on this matter. REPORTS OF OEFICEBS BOARDS ETCETERA: V 8. From City Manager, recommending contract be awarded to V. N. Vukasin, low bidder, for the project of Installing Storm Water Culverts and Curb Realignment at Otis Drive and Park Avenue, at the total cost of $6,426.90. Councilman Rose moved the recommendation be adopted; that the contract be awarded to said bidder for the specified project at the total cost as quoted. The motion was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None, Absent: None. ./ 9. From City Manager, recommending contract be awarded to Western Irrigation, low bidder, for the project of Furnishing and Installing an Irrigation System in Lum Park, at the total cost of $8,206. Councilman Schacht moved the recommendation be approved; that contract be awarded to the desig- nated firm„ for the specified project at the price quoted. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. lO. From City Planning Board, signed by the Secretary, submitting an interim report on the sub- ject of zoning for gasoline service stations in business districts. A copy of a memorandum from the Planning Staff entitled, '`Zoning Controls for Service Station tncatioos", dated March 8, 1963, accompanied the letter for the Council's information. It was suggested that, as an interim solu- tion to the problem, an amendment should be made to the Zoning Ordinance permitting gasoline service stations in "C-2", Central Business Districts, except within two areas in the Park and Webster business districts, as specifically set forth. Following considerable discussion of the issue, Councilman Godfrey moved the City Attorney be directed to prepare an ordinance amending the Zoning ,Ordinance to provide that gasoline service stations shall be permitted in "C-2", Central Business Districts only on a Use Permit basis - and that it then be referred to the Planning Board for its required actimz under the prescribed regulations. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. _/ ll. From City Planning Board,, signed by the Secretary, recommending the approval of the Prop- erty Division Map filed by Dr. Shelby Oliver, covering the parcel known as 891 Union Street, sub- ject to the conditions itemized in its letter of March 12, 1963. Mr. Hanna was called upon for a clarification of the question of the easement involved. Council- man McCall then moved the Council approve said Property Division Map, subject to the following conditions: (l) Moving the proposed property line between Lots 2 and 3 approximately four feet southerly to provide a rectangular lot area of five thousand square feet should the appendages of Lot 3 be sold in the future, and moving the line between Lots 1 and 2 eight feet southerly to improve the building site potential on Lot No. 2; (2) The stipulations of the City Engineer in his report dated March 8, 1963, - particularly the restriction that no encroachment whatsoever would be built in the allowed five-foot easement. The motion was seconded by Councilman Godfrey and carried on the following roll call vote, Ayes: Five. Noes: None. Absent: None. ` 12. From City Planning Board, signed by the Secretary, recommending denial of the petition from Mr. Jesse P. Cruz to reclassify certain properties on Chapin Street, Eagle Avenue and Sc. Charles Street (as specifically enumerated in its letter of March 13, 1963) from the °D-2«, Two-Family Residence District to the "R-5", General Apartment District. The date for the Hearing in this matter was set for the next meeting of the Council, to be held April 2, 1963. INTRODUCTION OF ORDINANCES: 13. Councilman McCall ,introduced the following ordinance, after- which it was ]aid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing the Sale of Certain City-Owned Real • | ' Property to Willis A. Guthrie and Irndie Guthrie (N. W. Corner Park Street and Otis Drive)." 14. Councilman Godfrey introduced the following ordinance, after which it was referred to "Ordi- nances for Passage' due to its great urgency and necessity: "Ordinance No. New Series An Ordinance Repealing Ordinance No. 1410, New Series, Relating to Yield Right-of-Way Sigbu.at San Antonio Avenue and Ninth Street." l}K At this point, the order of business was referred to "Unfinished Business" in order that con- sideration could be given to the recommendations of the Traffic Advisory Committee concerning the following: (a) The petition cequesting the repeal of Ordinance No. 1419, New Series; the installation of two more stop signs at Ninth Street and San Antonio Avenue to make this a four-way 66 stop intersection and the installation of stop signs at two additional intersections on San Antonio Avenue between Grand and Ninth Streets. (b) A letter urging the installation of four-way stop signs at the intersections of Grand Street with Dayton, Clinton, San. Jose and San Antonio Avenues. (c) A letter requesting that the stop signs on San Jose Avenue at Grand Street be equipped with flashing lights. Mrs. June Orr, 1715 Enoinal Avenue, who had earlier requested permission to speak on this sub- ject, addressed the Council as a representative of Franklin School P. T. A. with regard to the situation along San Antonio Avenue. She was assured that the ordinance just introduced would repeal Ordinance No. 1419, New Series, and, therefore, the two existing stop signs at Ninth Street and San Antonio Avenue would remain in effect. Mrs. Orr, however, felt there sbould^he stop signs installed at other intersections along San Antonio Avenue to afford more protection to the school children in this area, and urged the Council's serious consideration of this matter. Upon request, Mr. Hanna stated the Traffic Advisory Committee had reviewed these several issues and also explained the standards by which certain traffic controls are established. It had been determined that (a) the stop signs at Ninth Street and San Antonio Avenue should remain; (b) the intersection of Grand Street and Dayton Avenue would be made a four-way stop; and (c) it was not advisable to equip the stop signs on San Jose Avenue at Grand Street with flashing lights. Further discussion was had concerning various traffic conditions in general throughout the City. Mr. Hanna referred to certain proposed controls as recommended in the report of Wilbur Smith & Associates, Traffic Consultants, and mentioned his thinking on the subject as set forth in his report of his review of the nSmit6" report. These reports had just recently been sent to the Councilmen for their information. 16. Mr. Lewis Groper, Jeweler on Webster Street, asked for permission to speak at this time in view of his late arrival at the meeting. He again presented a protracted argument against the posSibility of any future establishment of gasoline service stations within the "hardcore" sec- tions of the "C-2", Business Districts. , He was assured that the Council had already taken action earlier in the meeting to initiate pro- ceedings to have the Zoning Ordinance amended to provide for a Use Permit procedure, Upon request, the Clerk read the motion for 8r. Groper's information. Considerable discussion ensued and it was pointed out that the Council had taken the proper steps to effect this change as rapidly as possible. The order of business then reverted back to "Introduction of Ordinances", INTRODUCTION OF ORDINANCES: 17. Councilman Godfrey introduced the following ordinance, after which it was laid over under provision of law and the Charter: -"Ordivanoe No,- New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (125) to Section 17-432 Thereof, Relating to Stop Intersections (Dayton and Grand)." 0EW.8DSINESS: 18. Councilman McColl referred to a bill which had been introduced in the current session of the State Legislature by Assemblyman Phillip Burton of San Francisco which would provide for partisan election of County Supervisors and he had indicated he would next introduce a measure to provide for like elections in all cities of over 10,000 population. Councilman McCall stated the management of KGO-TV had editorialized against this movement and he, himself, had written in commendation of'its stand to make every effort to defeat any legis- lation to allow party affiliation to enter into local elections and had sent a copy to the office of the League of California Cities. He read the statement and his letter in full and felt the Council should take some action or discuss the matter with the City Manager as to its legis- lative stand on this subject. It was pointed out this type of legislation was introduced at every session but had never been successful in even moving out of committee because of opposition to it. It was agreed the Council's position against such a measure was already known- RESOLUTIONS: 19. The following resolution was introduced by Councilmen Schacht, who moved its adoption: "Resolution No. 6450 Declaring Canvass of Returns and Result of General Municipal Election Held on March 12, 1963." 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. 20. The following resolution was introduced by Councilman Rose, who moved its adoption; 'Resolution No. 6451 Adopting Specifications for Furnishing to the City of Alameda One (1) Power Mower, for Park Department, Calling for Bids and Directing City Clerk to Advertise Same." | � 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: Mone, 21. The following resolution was introduced by Councilman Godfrey, who moved its adoption: "Resolution No. 6452 Adopting Specifications, Special Provisions and Plano for Planting and Establishment of Lawn for Lum Park, Calling for Bids and Directing City Clerk to Advertise Sate." 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 Schacht, who moved its adoption: "Resolution No. 6453 . Opposing the Removal of the Municipal Court from the City of Alameda." The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five., Noes: None. Absent: None. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 2�� ~� "Ordinance No. 1420, New Series An Ordinance Repealing Ordinance No. 1419, New Series, Relating to Yield Right-of-Way Signs at San Antonio Avenue and Ninth Street." Councilman Godfrey moved the passage of this ordinance which was enacted in great urgency and necessity. This declaration was based upon the fact that unless this ordinance was in force prior to March 22, 1963, Ordinance No. 1419, New Series, would become effective and thereby pro- duce a result at variance with the most recent recommendation of the City's Traffic Advisory Committee. It was therefore extremely urgent and necessary that the provisions set out therein be effective immediately rather than upon the expiration of thirty (30) days from and after pass- age as set out in Section. 3-12 of the City Charter. The motion was seconded by Councilman Schacht and oarried n the following ll ll n ro ca vote. Ayes: Five. Noes: None, Absent: Nnne, FILING: 24. Specifications and Provisions No. MS 3-63-5 - Power Mower for Park Deparcment, 25. Specifications, Special Provisions and Plans No. PW 3-63-5 - Planting and Establishment of Lawn in Lum Park. BILLS: 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $27,088.1_3, 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 March 19, 1963, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Godfrey and on roll cull carried by the following vote. Ayes: Five. Noes: None. Absent: None. 27. The President introduced, congratulated and welcomed the newly elected Councilmen, Mrs. Helen L. Freeman and Mr. Terry LaCroix, Jr., as the new members of the City Council and also Councilman George Rose, Incumbent, all of whom would be sworn in on April 16, 1963, and commence their respective terms on that date. � 28. Councilman McCall again deplored the situation on the South Shore and expressed his disappoint- ment that there was nothing the Council could do with regard to the development of this area. He said he believed the majority of the people now realized the Subdivision. Map on file was absolutely deplorable and they were opposed to this existing plan. ADJOURNMENT: 29. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, April 2, 1963, at 7:20 o'clock. Respectfully sub tted, ° �� 0 �.�^4 ^~ ~',P. C]t»lClerk - if