1959-01-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, JANUARY 6, 1959
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 an inspiring
Invocation delivered by The Reverend Mr. Carl R. March, Pastor of Immanuel Lutheran
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 December 16, and the adjourned regular
meeting held December 22, 1958, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. From Mr. H. R. Ballard, 133 Pearl Street, making application to install and
operate a driving range on the Municipal Golf Course - or to lease such facilities
if installed by the City and negotiate terms for this enterprise.
Councilman Freeman suggested Mr. Ballard be informed that there are existing con-
cessionaires who sell golf equipment and operate the coffee shop and, possibly, if
he realized he would be limited in his operation, he would not be interested. How-
ever, if he still desires to operate only a driving range, she felt such a proposition
should be open to all for bid.
President McCall inquired if there was any objection to referring the matter to the
City Manager for investigation and report. Mr. Weller concurred that Mr. Ballard
should be apprised of the problems involved in this situation. It would be only fair
to any prospective bidder that he understand there is a possible conflict between
existing services and a driving range.
Mr. Stanley D. Whitney, Attorney, spoke on behalf of Mr. Ballard, who was also pre-
sent, stating he had boon instructed by Mr. Ballard to advise the Council that he is
not interested in the sale of golf balls but only in operating a driving range.
Mr. Annibale stated his recollection is that there are some fairly serious restric-
tions in the present lease and he thought Messrs. Whitney, Ballard, Weller and himself
would want to go over them to ascertain how they would fit in with such an operation.
There being no objections, the matter was then referred to the City Manager.
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3. From Jones, Thenn & Associates, signed by Mr. Calvin M. Jones, expressing appre-
ciation for the Council's consideration of the Final Map of Tract No. 1986 at an
adjourned meeting.
The communication was noted and ordered filed.
Petition from Rosalie Liechti, Anna Roth, N. D. McKean and Vee Chard, requesting
that proceedings be started to abandon certain portions of Market Street, as indicated.
It was brought out this matter had been before the Council at its meeting of Septem-
ber 3, 1957, at which time no action was taken to order the vacation of certain portions
of said street.
In response to Councilman Schacht's question, Mr. Hanna stated the requested closing
is for "three-quarters" of Market Street between San Jose and Madison Avenues, as had
been previously discussed. He pointed out the two attorneys involved have not yet
been able to reach a settlement.
Mr. Weller explained the matter was in conformity with the last proposal made by the
City and it was left on the basis that the property owners affected would have to reach
agreement and then present a subsequent request - so far as the City was concerned,
no action was proposed to be taken. He suggested the proper procedure would be to
set a date for public hearing and, if there is any protest, the proceedings can be
stopped at that stage.
In response to Councilman Freeman's query, Mr. Hanna stated that if three-quarters of
the street were closed, the "Lynch" property would be damaged in some nominal amount
for which, allegedly, he would be entitled to payment.
Mr. Annibale suggested that he should contact Mr. J. W. O'Neill, Attorney for Mr.
Lynch, and ascertain the status of the negotiations. He pointed out that if the City
wore to take away the right of access from any property to a major City street, the
City would be subject to a suit for damages.
There being no objections, the matter was referred to the City Attorney.
5. From Feather River Project Association, signed by Mr. Stan Pittman, President,
concerning water development throughout the State and urging the City's financial
assistance, influential support and active participation in the program.
It was determined the matter would be filed, pending receipt of further information
and future requests for more definite action.
6. From Bay City Fuel Oil Company, signed by Mr. William D. McElwain, requesting
the City's consent to the assignment of its lease to Harbor Tug & Barge Company.
The communication was accompanied by a supporting letter from Harbor Tug & Barge
Company.
Mr. Annibale stated the lease in question expires in April, 1963, for which the
City receives $150.00 per month.
President McCall stated the property involved is in a deplorable condition and
before any action is taken in this matter, he felt some stipulations should be made
to assure the cleaning up of the premises. He pointed out it is adjacent to the new
Boat Ramp and parking area and many people will be using those facilities.
Mr. Annibale explained that "Harbor Tug" intends to use the premises for the same
purpose that "Bay City" has - the storage of fuel.
Considerable discussion ensued concerning the conditions to be attached to the con-
sent to the assignment. It was agreed the City would be willing to "consent ",
subject to a conference between the City Manager, City Attorney, City Engineer and
the Mayor with representatives of "Bay City" to effect a clean -up program.
Mr. Clark pointed out both parties seemed quite anxious to have the assignment made
as soon as possible. He also mentioned the matter of cleaning up the area had been
discussed with Mr. McElwain of Bay City and he had indicated that Harbor Tug & Barge
Company had every intention to do this very thing.
Mr. Annibale stated the terms of the lease restricts the use of the area to the stor-
age, warehousing and distribution of petroleum products and that would be the extent
to which the land could be used under said assignment.
There being no objections, the matter was referred to the City Manager for the sub-
sequent conference between the parties already mentioned, and a resolution could be
acted upon at the next meeting of the Council.
7. From Mr. I. B. Barre, Architect, requesting the refund of the ten - dollar fee
paid upon filing an application for a variance in connection with certain construction
at 1242 Park Street - due to the fact the owners have now canceled the project.
Councilman Freeman moved the Council authorize the refund of this fee in the sum of
ten dollars. The motion was seconded by Councilman Collischonn and on roll call
carried by the following vote. Ayes: Five. Noes: None. Absent: None.
8. From Saint Joseph's Church, 1109 Chestnut Street, signed by The Reverend Father
Alvin P. Wagner, requesting the permanent closing of San Antonio Avenue between the
west line of Chestnut Street and the east line of Lafayette Street. It was stated
the closing would eliminate a traffic hazard to the children in the school and also
permit the more efficient operation of the grammar and high schools by integrating
the two areas now separated by the street.
Considerable discussion ensued about the possible future use of the street area, if
abandoned - Mr. Hanna pointed out this street has all of the public utilities in it -
two gas mains, water lines, three electroliers and three telephone poles, plus a
sanitary sewer. He felt the Council might want to give consideration to these mat-
ters as related to what the Church plans to do with the area.
It was suggested the street could be closed during school hours, on condition this
area would be used for recreation until more definite plans are known and then
further investigation could be made by the City Manager and City Engineer with regard
to what easements the City would need.
Mr. Annibale pointed out the City can, in closing a street, retain any portion of the
rights it already has therein - such as a right -of -way for fire and police vehicles,
sewer easements, etcetera.
Councilman Schacht said he felt this matter should be investigated to effect such
closing eventually - but it should be ascertained just what the City's responsibility
and cost would be with regard to the utilities. He concurred with the statement in
the letter from the Church that Encinal and San Jose Avenues now provide adequate
thoroughfares for traffic and he said, in fact, San Antonio Avenue is seldom used
for through traffic.
It was noted this is a similar situation to that which prevailed at Lincoln School
some years ago when Van Buren Street separated the building from the playground.
Councilman Collischonn suggested the matter be referred to the Planning Board for its
consideration. Mr. Schoenfeld stated he believes this is a "planning" matter and he
agreed the Board always relies on the advice of the technicians within the City
Government and it would call upon the City Attorney and the City Engineer for their
advice in this instance. He felt the Board could assist the Council in arriving at
its ultimate decision and, if it is the Council's pleasure, he said the Board could
review the matter at its next meeting and submit its report. There being; no objec-
tions, the matter was thereupon referred to the Planning Board, for its consideration
and recommendation.
ORAL COMMUNICATIONS:
9. Mr. Frank Gottstein, 731 Haight Avenue, suggested renewed efforts be made to
allow traffic coming from Oakland on Webster Street to make a right -hand turn on
Bainbridge Avenue to alleviate some of the traffic congestion along Webster Street.
He pointed out that when he had first made this suggestion, it was during a war
period and the United States Navy had refused permission for the use of Bainbridge
Avenue for through traffic - however, he felt the City should now request its use as
it is not necessary for military purposes only. He urged the Council to exert some
pressure in this respect.
HEARINGS:
10. Continued from the last meeting was the matter of the reclassification of the
" Shumaker" property on the east side of Willow Street, south of Clinton Avenue. The
Clerk read a letter from Dr. Shumaker, requesting further continuance of the Hearing
on this case.
It was ascertained there were no protests against the continuance of the Hearing and
Councilman Schacht then moved the Council grant the request and the Hearing be con-
tinued to the next regular meeting of the Council. The motion was seconded by
Councilman Collischonn and unanimously carried.
Councilman Freeman requested that a copy of the minutes of the last meeting of the
Reclamation District be sent to Dr. Shumaker.
11. The matter was called up concerning the proposed amendment to the Alameda Muni-
cipal Code (Zoning Ordinance) concerning the uses permitted in the "ML ", Limited
Industrial Manufacturing District - and adding a definition of "Motor Truck Terminals ".
The Clerk stated there was on file the Affidavit of Publication of the Notice of
Hearing covering this matter and the recommendation of the Planning Board as contained
in its letter of December 11, 1958, signed by Mr. A. Raymond Schoenfeld, Secretary.
It was brought out that an ordinance regulating these two points had been introduced
at the Council meeting of November 18, 1958, and referred to the Planning Board for
its consideration and recommendation. Mr. Annibale pointed out that, since the
Board's recommendation is now at variance with the provisions contained in said ordi-
nance, he would strongly recommend that a new ordinance be introduced, incorporating
the changes as set forth by the Board.
Mr. Schoenfeld, Planning Director, reviewed the situation, which had originated with
a petition from Standard Oil Company, dba Signal Oil Company, for the rezoning of its
property at Fernside Boulevard and Versailles Avenue - and the Council's subsequent
proposal to amend the Zoning Ordinance in this respect. He pointed out the amendments
were thoroughly discussed at the Hearing before the Board, and it was felt they would
permit any operation similar to that presently carried on by Signal Oil Company and
yet would limit the size of the trucking operation to a point where it would not con-
stitute a detrimental factor in a Limited Industrial District.
There were no opponents present and no protests had been received in this matter.
Mr. John N. James, Attorney, represented Signal Oil Company, and stated he was appear-
ing in order to answer any questions and give any explanations, if desired.
There being no questions, the Hearing was then declared closed and Councilman Schacht
moved the matter be referred to the City Attorney for the preparation of an ordinance
incorporating the language of the recommendation of the Planning Board as set forth
in its letter of December 11, 1958, signed by Mr. Schoenfeld, for introduction at the
next meeting of the Council. The motion was seconded by Councilman Collischonn and
on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None.
12. The matter was next presented concerning the proposed vacation of a portion of
Pearl Street, south of Otis Drive, as specifically described in Resolution of Intention
No. 5870, adopted by the Council at its regular meeting of December 3, 1958.
The Clerk stated there was on file the Affidavit of Publication of said Resolution of
Intention, setting this time and place for the Public Hearing - and also, the Affidavit
of Posting Notices in the vicinity affected.
Mr. Schoenfeld stated this matter came up in connection with the Tentative Map of Tract
No. 1992 covering the development of property owned by Mr. Michael Tilles. It is also
the result of earlier action with regard to closing the end of Pearl Street, and the
subsequent recommendation of the City Engineer that the abandonment of this portion
be slightly modified, in order to obviate the necessity for excessive damage to the
property owner on the east side of the street. He felt it would allow the proper
improvement of property at this location.
It was ascertained there were no protestants against the proposed vacation. The Hear-
ing was then declared closed and the matter was referred to ('Resolutions ".
REPORTS OF OFFICERS, BOARDS, ETCETERA:
13. From the City Manager, reporting all work satisfactorily completed on the project
of Installing Sanitary Sewers at Various Locations - recommending it be accepted and
the Notice of Completion be ordered filed.
Councilman Collischonn moved the recommendation be approved; that the work on the
designated project be accepted and the Notice of Completion be filed. The motion was
seconded by Councilman Freeman and on roll call carried by the following vote. Ayes:
Five. Noes: None. Absent: None.
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14. From the City Planning Board, submitting certain proposed amendments to the Ala-
meda Municipal Code (Zoning Ordinance No. 1277, New Series) relating to "Home Occupa-
tions" and recommending their approval.
The matter was set for a Public Hearing before the Council at its next regular meet -
ing,to be held January 20, 1959.
NEW BUSINESS:
15. Councilman Freeman said she had noticed the great amount of driftwood along the
South Shore beach due to the recent storm and wondered if it might be more economical
for the City to advertise that it is available to anyone rather than for the City to
have to haul it to the Dump. She also pointed out the storm had washed away quite a
bit of the sand and there are now rocks protruding and she asked that the City Engi-
neer inspect the area in the vicinity. of Grand Street.
Attention was also called to the condition of the outfalls of the Lagoon System as a
result of the storm and Mr. Hanna was asked to check these. Councilman Freeman
requested that her suggestion be investigated by Mr. Hanna to determine if any of the
driftwood is salvable and if so, he would release to the newspapers the information
that it is available to anyone who would like to pick it up.
Upon inquiry as to the City's responsibility to clean up the beaches, Mr. Weller
stated they were cleaned last September or October upon the City's insistence - in
anticipation of their being turned over for acceptance by the City - at the expense
of Utah Construction Company. He commented he would think this would be the extent
of the Company's obligation.
Mr. Hanna stated the City has been maintaining the beaches insofar as debris and flot-
sam are concerned. Following some discussion, Mr. Annibale was requested to submit
an opinion on the subject and to check on the date the City accepted the duty of
keeping the beaches clear.
Councilman Collischonn inquired if any consideration had been given to procuring the
proper equipment for beach cleaning. Mr. Weller explained that Mr. Hanna has been
studying information received from other "beach" cities but it is agreed the City
should go through a year's experience in order to learn the type of equipment best
suited for the purpose, before expending any money thereon.
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16. Upon request of President McCall, Mr. Schoenfeld briefly outlined a study made
by the County of Alameda of the freeway system within the County. Recommendations
were made by consulting engineers and were submitted to the State Department of Public
Works and, thence, to the Highway Commission. The Commission has approved the free-
way plans almost en toto. The feature of interest to this Council is a shoreline
freeway which starts in the Newark area midway between Bay Shore and Nimitz Freeways
and continues north, coming into this area just north of Doolittle Drive. It would
enter a tube under the San Leandro Channel, thence out into the Bay somewhere in the
vicinity of the pierhead- bulkhead line and run parallel to the south shore, swinging
inland off the corner of Encinal High School, just westerly of Main Street and thence
under the Estuary in another tube to the Oakland side. The points of access for
Alameda traffic presently proposed are possibly Atlantic and Pacific Avenues, Eighth
Street and on Bay Farm Island.
Councilman Freeman asked that the Council be furnished with copies of these plans and
any information which concerns Alameda.
17. President McCall then reviewed his action with regard to the recent inspection
tour of the United States Marine Training Station by officials of the Office of
Civil Defense and Mobilization Administration and the President's Advisory Committee
on Civil Defense. The visit was for the purpose of determining if the existing facili-
ties could be used as a Civil Defense Western Training Center and he informed the
Council that he had made it understood by the visitors that the City of Alameda is
definitely opposed to such Federal use of this property. He asked the Council if
there was any objection to sending letters to the City's Congressmen fully apprising
them of the situation, including the request that any time in the future any Federal
Agency is interested in coming to Alameda, the City officials be so informed in order
that proper arrangements can be made for discussion meetings.
President McCall emphasized the great amount of land in the City already occupied by
Federal installations and, therefore, not on the City tax roll. Much of this land is
not fully utilized by the Federal Government and there would be ample room thereon
for its other installations. He made it clear he excluded the Naval Air Station from
his remarks.
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Councilman Collischonn said he concurred wholeheartedly with the President's statements
and he agreed a letter should be written to the Congressmen, expressing the views of
the City as outlined. It was the consensus that appropriate letters would be sent -
and also, Mr. Clark was to send copies of a brochure he had prepared on the subject
to all members of the Council.
RESOLUTIONS:
18. The following resolution was introduced by Councilman Collischonn, who moved its
adoption:
"Resolution No. 5882
Adopting Specifications for Furnishing to the City
of Alameda One (1) New, 1959 Latest Model 8-Cylinder,
4-Door Sedan, with Automatic Transmission, for Fire
Chief, 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.
19. The following resolution was introduced by Councilman Collischonn, who moved its
adoption:
"Resolution No. 5883
Authorizing the Execution of Amendment to Contract
NOy(U)-22357 (Change IMI) Relating to Direct Services
to Navy Public Quarters and Navy Housing Homoja 'B'."
The motion to adopt said resolution was seconded by Councilman Schacht and on roll c all
carried by the following vote. Ayes: Five. Noes: None. Absent: None,
20. The following resolution was introduced by Councilman Schacht, who moved its
adoption:
"Resolution No. 5884
Ordering the Vacation of a Portion of Pearl Street,
in the City of Alameda."
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.
The President thereupon declared all of the foregoing resolutions duly adopted and
passed.
ORDINANCES FOR PASSAGE:
21. "Ordinance No. 1291,
New Series
An Ordinance Amending Section 17-461 of the Alameda
Municipal Code by Adding Subdivision (4) Thereto,
Relating to Yield Right-of-Way Intersections."
(Willow Street and Clinton Avenue)
Councilman Petersen moved the ordinance be adopted as submitted. The motion was
seconded by Councilman Collischonn and on roll call carried by the following vote.
Ayes: Five. Noes: None. Absent: None.
22. "Ordinance No. 1292,
New Series
An Ordinance Amending Section 17-364.1 of the Alameda
Municipal Code, Relating to Parking Limits in Parking
Meter Zones." (West side Park Street, between San
Antonio and San Jose Avenues)
Councilman Freeman moved the ordinance be adopted as submitted. The motion was
seconded by Councilman Collischonn and on roll call carried by the following vote.
Ayes: Five. Noes: None. Absent: None.
23. "Ordinance No. 1293,
New Series
An Ordinance Amending the Alameda Municipal Code by
Amending Title XVII, Chapter 5, Article 8 Thereof,
Relating to Prima Facie Speed. Limits."
Councilman Petersen moved the ordinance be adopted as submitted. The motion was
seconded by Councilman Freeman and on roll call carried by the following vote. Ayes:
Five. Noes: None. Absent: None.
24. "Ordinance No. 1294,
New Series
An Ordinance Amending Ordinance No. 1044, New
Series, and Ordinance No. 1269, New Series, by
Terminating a Lease of Certain City Property
Authorized Thereby." (Bay Farm Island site for
Military Purposes)
Councilman Schacht moved the ordinance be adopted as submitted. The motion was
seconded by Councilman Collischonn and on roll call carried by the following vote.
Ayes: Five. Noes: None. Absent: None.
President McCall pointed out this action will permit the area to be used by the City.
It was .developed there are several departments, as well as the School District,
interested in making use of some of this particular site.
FILING:
25. Contract NOy(U) -22357 - Between City and United States Government, Twelfth
Naval District - Homoja 'B'.
26. Financial Statement - Bureau of Electricity, as of November 30, 1958 -
Verified by Hackleman & Larzelere.
27. Specifications No. MS 1 -59 -1 - for Furnishing Sedan for Fire Chief.
BILLS:
28. An itemized List of Claims against the City of Alameda and the Departments
thereof, in the amount of 4120,726.82, was submitted to the Council at this meeting.
The list was accompanied by certification from the City Manager that the Claims
shown were correct.
Councilman Petersen moved the bills as itemized in the List of Claims filed with the
City Clerk on January 6, 1959, and presented to the Council at this time, be allowed
and paid. The motion was seconded by Councilman Freeman and on roll call carried
by the following vote. Ayes: Five. Noes: None. Absent: None.
29. At this time, President McCall again announced the meeting of the Small Craft
Harbors Commission to be held Tuesday, January 13, 1959, at 10:00 o'clock a.m. in
the Council Chamber. He stated the Council plans to take the members of the Commis-
sion on a tour of the City to inspect the potential recreation facilities and dis-
cuss its long -range plans.
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ADJOURNMENT:
30. There being no further business to come before the meeting, the Council -
adjourned - to assemble in regular session on Tuesday evening, January 20, 1959,
at 7:30 o'clock.
Respectfully submitted,