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1960-12-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, DECEMBER 6 1960 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman and was followed by a most inspiring Invocation delivered by The Reverend Mr. Elwood Gaillard, Associate Pastor of Santo Clara Avenue Methodist Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held November 15, 1960, were approved as transcribed. WRITTEN COMMUNICATIONS: J 2. From Regional Water Pollution Control Board, State of California, signed by Mr" Fred H. Dierker, Chief Engineer, inviting City representatives to attend its next Board meeting on Decem- ber 15, 1960, at 10:00 o'clock a,m" at the State Building in Oakland, at which time a resolution will be discussed concerning the designation of Public Water-Contact Sports Areas. The President stated it was understood the Planning Director was to attend. Councilman Freeman also indicated interest in the subject and expressed her intention to be present at said meeting. 3 Petitlbu signed by sixty-seven residents in the vicinity of Eighth Street at Pacific, Lincoln and Haight Avenues, requesting the restoration of "flush" curbs at the interaectlhn. of Eighth Street and Pacific Avenue for the benefit of elderly or incapacitated persons living in this area. Reference was made to the thorough discussion of the subject of "flush versus vertical" curbs some time ago, with the resultant adoption of Resolution No. 5750 on February IS, 1958, establishing standard specifications for vertical curbs. Mr. Frank Gottstein, 731 Haight Avenue, suggested possibly a curb cut could be made at this inter- section in addition to retaining the vertical curb, to aid the hardship cases in this particular area. There being no objections, the City Engineer was asked to investigate the situation and report to the Council at its next meeting. 4:4 Petition signed by tmenty-oue residents on Madison Street and Encinal Avenue, indicating their opposition to the closing of Market Street between Madiscn Street and San jose Avenue. This was in response to the petition filed at the last Council meeting requesting the abandonment of this portion of Market Street. Mr. Annibale explained there are certain legal procedures pending in the matter and there is nothing the City can do at this time. The petition was then referred to the file on the subject. 5v From Alameda Garden Club, signed by Mrs. Bertha C. Toy, Secretary, urging the City to make a determined effort to secure and maintain attractive landscaping for the approaches to the two Estuary Tubes. The Clerk was instructed to inform the Club that a copy of its letter will he forwarded to the Department of Public Works. It was also pointed out the City Engineer is working closely with the Division. of Highways in this respect and he could personally discuss this phase with the engineer in charge. 0. From Mr. Frank A. Gottstein, 731 Haight Avenue, concerning the Chief of Police and his atten- dance at Council meetings. The President stated he felt sure the Council would request the Chief's attendance at any meeting when it was believed necessary. � 7^ From Alameda County Mosquito Abatement District, signed by Mr. E. Chester Robinson, Manager, requesting the Council to appoint a City representative to its Board of Trustees for the two-year term beginning January 2, 190I, The matter was referred to "Resolutions". 8 ^ From Alameda Chamber of Comme rce, signed by Mr. James C. Taylor, Pres id en t, suggesting the Council consider the removal of the building formerly used as the Southern Pacific Station at Park Street and Lincoln Avenue, as it is now again vacant. Mr" Weller read a letter dated November 18, 1060, addressed to Mr. A. S. McCann, Superintendent of Southern Pacific Company, notifying the Company to proceed with the removal of said building, in accordance with Supplemental Agreement dated December 2, 1958° The removal is, therefore, to be taken care of within ninety days. 9� J From Alameda Chamber of Commerce, signed by the President, enclosing copies of letters received from certain automobile manufacturers with regard to their decisions to discontinue dealerships in the City of Alameda, ���� ,���.� The President deplored the situation which results in a serious sales tax revenue loss. He asked that the Chamber be urged to stress "buy at home" publicity for those considering the purchase of a new automobile. There being no objections, it was so ordered. ORAL COMMUNICATIONS: � lv. Mr. Fraok Gottstein cited the several matters which have been discussed at various Council meetings when the Chief of Police should have been present to explain or express his opinions, thereon. He reiterated that the Council or the City Manager should request the Chief to attend these meetings. Mr. GoLtntein also submitted in detail the hazardous traffic condition existing along Webster Street when drivers have to merge into a single lane en route through Posey Tube. He contended a police officer should he on duty at this point until 9:00 o'clock a.m. It was suggested this area be given priority study by Wilbur Smith Associates when these traffic engineers begin their survey. It was so ordered. HEARINGS: lly The matter was culled up concerning certain proposed amendments to Alameda Municipal Code - Zoning Ordinance No. 1277, New Series, pertaining to the "AP", Administrative-Professional District. The Clerk stated there was on file the Affidavit of Publication, of the Notice of Hearing and the report and data from the City Planning Board as submitted at the last meeting of the Council. The Board had recommended the passage of the amendments. Upon request, Mr. Schoenfeld, Planning Director, pointed out the contemplated amendments would (1) Remove references to apartments and group dwellings from Sec. 11-1325; (2) Change the format of permitted uses to conform to that proposed for the''M' Districts in earlier legislation and (3) Add certain new uses to those requiring a use Permit. He explained that the purpose of these amend- ments, is principally to clarify the provisions for this particular District. Mr. Schoenfeld also mentioned that the only area in the City currently zoned 'AI" District is comprised of two parcels on the east and west sides of Willow Street in proximity to Alameda Hospital. The President inquired if anyone wished to speak in favor of or opposition to the proposed amend- ments. There was no response and President McCall thereupon declared the Hearing closed. Councilman Collischonn then moved the City Attorney be directed to prepare an ordinance in accordance with the recommendations of the Planning Board and the stipulations contained in the City Attorney's memorandum to the Council dated December 5, 1980. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes Five. Noes: None. Absent: None. 12. The matter was next called up with regard to the petition from Mr, Otto Phillipaen for the reclassification of his property located on the northwest corner of Van Buren and High Street,s - 1357 High Street ~ from the "R-4", Neighborhood Apartment, to the "C-l^, Neighborhood Business, Dis- trict. The Planning Board had recommended denial of the request for said rezoning. The Clerk stated there was on file the Affidavit of Publication of the Notice of Hearing, plus other , data relative to the question. Copies of the minutes of the Planning Board meeting at which this matter had been considered had been sent to the Councilmen for their information. Mr. Schoenfeld was called upon and from large maps displayed he reviewed the zoning under the current ordinance, as well as that in existence between 1940 and 1958, in explanation of this specific case. He also referred to a large map showing the zoning of Oe area in liue with the Outline Master Plan. Mr. Stanley D. Whitney, Attorney, addressed the Council at length on behalf of Mr. Pbillipsen. Ue passed a set of snapshots to the Councilmen to illustrate the predominance of business establishments along High Street and claimed that his client's property should have remained in the business., zone in which the station has been operated for many years. He pointed up that its "non-conforming" status obviates any extensive remodeling or modernization. A very thorough discussion .of all aspects of the situation prevailed. The President then called for any opponents to the question and Mr. George E. McDonald, Attorney, appeared as the representative of St. Philip Neri Church and School, located directly across from the service station. He stated Father O'Brien did not object to the continued operation of this gasoline station but he did oppose the requested rezoning because of what might later be established on the premises under a '/C-l^ business classification, which could be more detrimental to the Church and School. � | The President then declared the Hearing closed, and asked the pleasure of the Council. Councilman Collischonn moved the Council sustain the ruling of the Planning Board and deny the application to rezone this property. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS� ETCETERA: � 13^ From City Manager, reporting all work had been satisfactorily completed on the Reconstruction and Widening of Versailles Avenue between Santa'Cluro and Buena Vista Avenues - recommending it be accepted and the Notice of Completion be. ordered filed. Councilman Freeman moved the recommendation be adopted - that the work on said project be accepted and the Notice of Completion be filed. The motion was seccnded by Councilman Collischonn and carried on the following vote. Ayes: Five, Noes: None. Absent: None. 14:1 From the Mayor, nominating Mr. Elliot S. Peterson for re-appointment as a member of the Advisory Golf Commission. for the term expiring December 31, 1964. �� � ������ The matter was referred to "Resolutions". � l5. From the Mayor, City Manager and City Auditor, submitting their report on,the Count of Money held November 16, 1900 - showing the sum of $4,032,842.33 in the City Treasury at that time~ The report was noted and ordered filed. lh" From City Manager, recommending contract be awarded to Pacific Associates Corporation, sole bidder, for furnishing one Tree-Spraying Machine, at the total cost of $4,327.44. Councilman Colliachonn moved the recommendation be approved - that the contract for this equipment be awarded to the designated firm at the price. quoted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. l7., ./ From City Planning Board, signed by the Secretary, with regard to the meeting of the Regional Water Pollution Control Board and indicating that the Planning Direotor is to attend said meeting if possible. The information was again noted that Nr. Schoenfeld and Councilman Freeman would represent the City at this meeting on December 15, 1960. 18/ lR^ From City Planning Board, signed by the Secretary, recommending that the creation of the pro- posed Regional Planning District, with the power to tax, is unnecessary at this time and not in the best public interest and, therefore, informing the Council that the Board does not endorse the proposal to create a Regional Planning Agency, as submitted. Councilman Collisohonn moved the Council accept the Board's recommendation " The motion was seconded by Councilman Schacht and unanimously carried, 19: From the Treasurer, in compliance with Resolution No. 6026, reporting on the collateral held by his office during the month of November, 1960, in the amount of $300,000" The report was ordered filed. / 20» From City Manager, recommending contract be awarded to Monroe Calculating Machine Company, Inc., low bidder, for furnishing one Accounting Machine for the Street Department, at the total cost of $l,539.72^ Councilman Schacht moved the recommendation be approved; that contract be awarded to said Company for furnishing this item at the price quoted. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 21. From City Manager, recommending bids for furnishing certain Athletic Supplies and Equipment be rejected and authorization be given to make open-market purchases of said items as needed. Councilman Cnllinohnun moved the recommendation be adopted; that all bids be rejected and authoriza- tion be granted to make the necessary purchases as requested. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. � 22. From Chief of Police, submitting for approval and appointment the name of Edward N. Souza, who had been elected by the Police Department to become a Trustee of the Pension Board. The matter was referred to "Resolutions". INTRODUCTION OF ORDINANCES: 23. Councilman Collian600n introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Chapter 1, Title XI of the Alameda Municipal Code (Zoning Ordinance) Relating to 'M1,', 'M-l^, 'M-2' and 'C-3' Districts, and a New District Designation to be Known as 'C-M' District." 24. Councilman Freeman introduced the following ordinance, after which it was laid over under pro- vision: of law and the Charter: "Ordinance No. New Series An Ordinance of the Council of the City of Alameda Authorizing Amendment to the Contract Between the Council of the City of Alameda and the Board of Administration of the California State Employees' Retirement System." 25, Councilman Schacht introduced the following ordinance, after which iL was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Sections 5-172 and 5-173 of the Alameda Municipal Code, Relating to Use of Streets for Sale of Goods from 'Rolling Stores'." '.' �+ � ��� „Jr, UNFINISHED BUSINESS: � 26/ Councilman Schacht inquired concerning progress toward procuring the bleachers for the Alameda Swim Center in time for the Spring program. 8r" Weller replied that the negotiations should .be com- pleted in about sixty days. Mr. Weller was asked to have Mr. Mainland submit a brief report on the 27°` Councilman Collischonn referred to the City Manager's memorandum of December 2, 1960, with regard to a policy directive to the Civil Service Board relative to salary studies and recommendations for City personnel, and felt there could be no objection to such a declaration of policy. Councilman Collischonn thereupon moved the City Clerk write to the Civil Service Board, incorporating the state- ments in said memorandum as representing the policy directive from the Coonoil. The motion was seconded by Councilman Freeman. There was considerable discussion of the subject. Councilman Schacht voiced his opinion that the Civil Service Board should make its surveys and transmit its findings but should not submit u recom- mendation thereon. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen Collischonn, Freeman, Petersen and President McCall, (4). Noes: Councilman Schacht, (1). Absent: Nnne, 28. Councilman Petersen referred to the hazardous traffic condition at the intersection of Broadway and Central Avenue. It was developed during the discussion that the diagonal parking in the block of Broadway between Central and Santa Clara Avenues iutazferesWith traffic and should be eliminated. Also, the same situation exists near Loop Lumber Company at the foot of Broadway. The City Manager was therefore requested to have this diagonal parking removed from these areas. NEW BUSINESS: 29. Councilman Collischonn congratulated Councilman Freeman upon her election to the office of Treasurer of the Shoreline Planning Association at its recent conference at San Mateo. Councilman Freeman responded with a brief statement about the excellent attendance at this meeting= She felt there was now increased interest in the organization, there would be greater activity and more accom- plishments. She stated she would send a report to the other Councilmen on this matter. RESOLUTIONS: 30. The following resolution was introduced by Councilman Schacht, who moved its adoption; "Resolution No. 6155 Adopting Specifications, Special Provisions and Plans for 1nutollaticm of a Storm Sewer in St. Charles Street from Buena Vista Avenue to Eagle Avenue, Calling for Bids and Directing City Clerk to Advertise. Same." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by he following vote. Ayes: Five, Noes: None. Absent: None. 31. The following resolution was introduced by Councilman Collischonn, who moved its adoption: 'Resolution N:° 6158 Adopting Specifications, Special Provisions and Plans for Improvement of Mound Street between Otis Drive and Waterton Street, 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: None. 32. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6I57 Adopting Specifications for Furnishing to the City of Alameda Four (4) New, Six (6) Cylinder, Two or Four Door Sedans, or Club Coupes, 1901 Models, with Standard Transmission for the Street Department and Building inspection Division; Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. 33^ The following resolution was introduced. by Councilman Collischonn, who moved its adnptioo: "Resolution No. 6158 Adopting Specifications for Furnishing to the City of Alameda One (1) New, 1961 Model Four Door, Six (6) Passenger Station Wagon, Six (6) Cylinder, Chevrolet, Ford or Plymouth. Class, with Standard Transmission, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes:' Five. Noes: None, Absent: None. 34. The following resolution was introduced byCouncilman Schacht, who moved its adoption: "Resolution No. 0159 Cancelling City Taxes on Property Acquired by the City of Alameda for Municipal Purposes (Tilden Way - Howey)." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the follmwingnote^ Ayes: Five. Noes: 0noe, Absent: None. 35. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6160 Requesting Cancellation of County Taxes on Property Acquired by the City of Alameda for Municipal Purposes (Tilden Way - The motion to adopt said resolution was seconded by Councilman Collischonn and on roll cull carried by the following vote. Ayes: Five. Noes: None. Absent: None. 36. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6101 Appointing Member of the Advisory Golf Commission." (Elliot S. Peterson). The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: 0mna, Absent: None. 37. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6102 Appointing Member of the Pension Board." (Edward N. Souza). The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 38. The following resolution was introduced by Councilman Petersen, who moved its adoption.: "Resolution No. 6163 Appointing City of Alameda Representative on Board of Trustees of the Alameda County Mosguito.AbaLemeot District." Nark J. Hanna). The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote, Ayes: Five, Noes: None. Absent: None. The President thereupon declared all of the foregoing resolutions duly adopted. and passed. ORDINANCE FOR PASSAGE: / 39. "Ordinance No. 1355, New Series An Ordinance of the City of Alameda Amending Title II, Chapter 5, of the Alameda Municipal Code by Adding Thereto Article 5, Section 2-551, Relating to Leave of Councilman Petersen moved the ordinance be adopted as submitted. The motion was seconded by Coun- cilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: 800e, FILING: 40. Specifications, Special Provisions and Plans No. PW 12-60-25 - Installation of Storm Sewer in St. Charles Street from Buena Yiata,Avenue to Eagle Avenue. 41^ Specifications, Special Provisions and Plans No. PW 12`60-26 - Improvement of Mound Street between Otis Drive. and Waterton Street. 42. Specifications and Provisions No. MS 12-60-16 - Four New Six Cylinder, Two or Four Door Sedans, or Cl Coupes, 1901 Models, with Standard Transmission, for Street Department and Building Inspection Divioi0n. 43. Specifications and Provisions No. MS 12-60-17 - One New 1961 Model Four Door, Six Passenger Station Wagon, Six Cylinder, Chevrolet, Ford or Plymouth Class, with Standard Trans- mission, for Fire Department. 44. Financial Statement - Bureau of Electricity, as of October 31^ 1960 - Verified by lluckIanan & Larzelere. BILLS: 45. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $29,583.61, 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 December 6, 1960, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Collischonn and carried on the following roil call vote. Ayes: Five. Noes: None. Absent: None. 46. At this point, President McCall announced the sudden death of Mrs. Alice Dallas, wife of Mr. Homer R. Dallas, recently retired Treasurer and Tax Collector of the City of Alameda. He asked the City Clerk to write a letter of condolence to Mr. Dallas on behalf of the Council. 1DJ0URNMENT: 47. There being no further business to come before the meeting, the Council observed a moment of silence in respect to the memory of Mrs. Alice Dallas and then adjourned - to assemble in regular session on Tuesday evening, December 20, 1960, at 7:30 o'clock. Respectfully submitted,