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1959-02-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, FEBRUARY 17, 1959 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman, followed by an inspiring Invoca- tion delivered by Rabbi Gunther Gates of Temple Israel. 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 February 3, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From St. Barnabas Holy Name Society, signed by Mr. A. Grant, Secretary, regis- tering its protest against the proposed relocation of the Allied Officers Club to the building formerly used by the Alameda Little Theater. President McCall thanked the Society for its letter and stated the matter would be referred to the item on the Agenda for discussion later in the meeting. 3. From Todd Shipyards Corporation, signed by Mr. A. H. Ainslow, Assistant Treas- urer, requesting the City's consent to the assignment of a certain lease to "Todd" by Matson Navigation Company. ZI-• From Matson Navigation Company, signed by Mr. Robert Tate , Vice President , mak- ing the same request with regard to assignment of lease. Said lease is dated Sep- tember 1, 1946, and was originally entered into between the City and United Engineer- ing Company, which is now "Matson'. The matter was referred to "Resolutions ". J 5. From Mr. Henry Thelen, 2004 Pacific Avenue, protesting against the charges made at the City Dump; the amount of tax increase on apartment houses in comparison with that on single - family homes and the inconsistencies of the Electrical Inspectors. The communication was referred to the City Manager for his investigation of the several items mentioned and it was determined Mr. Weller would send copies of his reply to Mr. Thelen to the Councilmen for their information on the subjects. 6. From Alameda Chamber of Commerce, signed by Mr. Jerry C. Jacobs, President, urging the City to use all of its energies to aid in the rapid development of a State Beach Park in Alameda - and offering the Chamber's services in this respect. The communication was noted with appreciation and Councilman Freeman asked that a copy of Mr. Weller's report concerning the actions taken by him in this matter, and any other pertinent information, be sent to the Chamber to keep it apprised of the situation. It was so ordered. ORAL COMMUNICATIONS: 7. Mr. Frank Gottstein, 731 Haight Avenue, stated he had been requested to call attention to the traffic from the Naval Air Station traveling along Central Avenue and across Grand Street to the South Shore which has created a new peak hour problem. He pointed out there have been several accidents which have caused damage to private property as well as to the persons involved. He suggested Grand Street should be a "stop" boulevard for its full length and a thorough investigation of this situation should be made. Councilman Freeman stated that at the same time this check is being made, the inter- section of Willow Street and Clinton Avenue should be included as the people in this vicinity are concerned about the hazardous situation now prevailing since Willow Street has been opened to the South Shore. It was brought out there are "Yield Right -of -Way" signs at this intersection. Mr. Weller stated he would agree something ought to be done with regard to the con- trol of traffic on the streets providing ingress to and egress from the South Shore - but, in all probability, it should be done on an interim basis because the traffic pattern has not yet been firmly established. However, he said, there is no reason for delaying the installation of some type of traffic control device which might be effective for a short term. He said that type of study would be made and he felt a report could be made to the Council at its next meeting. Councilman Freeman asked that a report of all accidents which have occurred within a two -block radius of those streets providing access to the South Shore also be furnished. President McCall explained that the "Yield" signs actually require a driver to come to a full stop if there is another car in sight, approaching from either direction. He thereupon requested the City Manager to have a survey made and submit reports. Councilman Collischonn suggested that, when the time comes to prepare the next budget, consideration should be given to adding some additional radar units because experience has shown traffic behaves better when the mobile radar equipment is in a given area. HEARINGS: 8:/ Continued from the last meeting was the matter of the "Shumaker" petition concern- ing his property on Willow Street. The Clerk read a letter from Dr. Shumaker, stating he has ,hope of some definite action by the South Shore Land Co. in the near future for the settlement of their negotiations - and, in view of this, he requested a further continuation of the Hearing. It was ascertained there was no opposition to the granting of another continuance and Councilman Schacht thereupon moved the Council continue the Hearing to the next meet- ing, to be held March 3, at which time some definite action will be taken. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 9`. From City Manager, recommending contract be awarded to Morris Landy Motors, sole bidder, for furnishing one three- quarter -ton Truck, including Utility -type Body, at the cost of $3,200. Councilman Freeman moved the recommendation be approved; that contract be awarded to said firm for furnishing this piece of equipment at the price quoted. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 10. From City Planning Board, dated February 16, 1959, signed by Mr. Schoenfeld, Secre- tary, concerning its reconsideration of the petition from Mesdames Frances Grey and Ethel E. Schmidt to reclassify their property from ttR -2't and "R -3PD" Districts to the "R -5" (General Apartment) District. The Board had originally recommended the denial of the petition - and the Council, at its last regular meeting, had referred the mat- ter back to the Board for its further study, with the suggestion that the Board might consider a rezoning of this property to "R -4PD" District. Mr. Stanley D. Whitney, Attorney, spoke on behalf of the petitioners and briefly reviewed the actions taken on this petition - pointing up the fact it had first been heard before the Planning Board on November 14, 1958. He said the Board had discussed this matter at its last meeting and its ultimate motion had been to recommend the rezoning of the property to an "R -4PD" District by a four to three vote. Further, although the Planning Director had made his recommendation based on the present Master Plan, nevertheless, after the Board Hearing, he had publicly stated he thought the existing Master Plan was outmoded and should be up- dated. Mr. Whitney said it appears to him, therefore, that neither the Master Plan nor the decision of the Board in this matter should bear any weight with the Council in arriving at a determination. He stated he believes the property in question should be placed in an "R -5" District. He emphasized that they have no interest whatever in the Allied Officers Club and whatever arguments may have been presented heretofore in favor of this Club are now being officially withdrawn. His primary interest is in behalf of the petitioners, Mesdames Grey and Schmidt. He stated zone "R -5" for this property is a practical one for the reason that it will then be in a definite position for a developer to proceed by following the provisions of the Subdivision Ordinance. He argued against the "PD" (Planned Development) classification being attached to this rezoning as it would have no application to this particular land - the property is not large enough to be placed under the onerous conditions contained in that section of the Zoning Ordinance. He said these conditions would retard the sale of, and any interest in, the property itself on the part of any developer. Mr. Whitney distri- buted photographs for the Councilmen's inspection, showing the type of structures con- templated to be erected on the property if it were rezoned to an "R -5" District and thus could be improved. Mr. Annibale stated that, to avoid any confusion about the application of the "PD" designation, a piece of property can be classified "R -4PD" or "R -5PD" and any owner or developer can forget the "PD" classification and follow the provisions of "R_4" or "R -5" in developing the land, without having to obtain permission from anybody. The "PD" classification only allows the developer to go beyond the restrictions con- tained in the "R -4" and "R -5" Districts - or whatever the case may be. Mr. Whitney commented that the merchants in the West End are complaining because there is not sufficient land in their end of the City on which to build multiple dwellings and thus provide more customers for their businesses. These business people are vitally interested in having an apartment development on the property under discussion. They, too, seem to feel an R -5" District is the desirable zone for this parcel. Mr. Whitney thereupon respectfully urged that the Council conclude this natter tonight by reclassifying this particular property to an "R -5" District. Councilman Petersen inquired if there could be a greater density allowable in an "R -4PD" than an "R -5" zone and Mr. Schoenfeld replied that is correct if, in the opin- ion of the Planning Board, it is consistent with the development of the surrounding area. The purpose of the "PD" is to plan a large, presently undeveloped area as an entity. Mr. Schoenfeld cited the following permissible densities per acre: "R -4 ", twenty -eight units; "R -5 ", fifty -two units. He stated further that if a parcel is designated "PD ", it could be developed to a much greater maximum density, and, depend- ing upon the design employed and the provision of additional community facilities to serve that particular development, it might make it a most attractive and welcome addition to the municipality. Considerable discussion ensued on several phases of the situation. Mr. John Mitcheom, 2002 Alameda Avenue, stated the high land of this parcel comprises approximately two and one -half acres. He said he would be very agreeable to the rezoning of t his area to an "R -5PD" District. He also emphasized that builders are simply not interested in a piece of property for development unless the zoning is established first. He stated the price of this land is prohibitive to any development except for multiple dwellings, and it is up to the people of Alameda to try to get such property zoned so that it can be salable and used to its best advantage. Mr. Mitcheom felt the Master Plan should now be amended. He also stated he had not found one person in the West End of the City who has been against the requested "R -5" rezoning, and he thereupon filed with the City Clerk a petition in favor of said reclassification which was signed by one hundred two persons. He therefore urged the Council to pro- ceed to rezone this property to an "R -5" District because he sincerely feels he can sell the parcel, it will be developed with apartments and he can get the job done. Councilman Schacht stated he felt the "R -5" District regulations would not be out of line for the development of this property. Councilman Petersen said he thought the Council should have made a decision on this matter at the last meeting and he felt the parcel in question should be so zoned that it can be utilized as proposed. He felt that for the business people affected and in order to upgrade the economic conditions of the City, the Council should make a con- cession in this case - and he would like to hake a motion to reverse the decision of the Planning Board in this matter which was made at the last meeting of the Council. Mr. Annibale explained that the motion should be "to disapprove the recommendation of the Planning Board on the basis of a finding that this particular land is more appropriate for an "R -5" District zone and the City Attorney be directed to prepare an ordinance for introduction in conformance thereto ". Councilman Petersen made a motion to this effect which was seconded by Councilman Collischonn. Speaking on the question, Councilman Collischonn remarked that he thought this action is the proper one - but he did not want anyone to think the Council is going to "scuttle" the Zoning Ordinance and go for "high density ". He believes that in the case of this property, which is somewhat in a commercial area, the Council can improve the area by getting the property developed, adding these improvements to the tax rolls and bring some relief to the merchants in the West End - and he feels it is a very fitting adjustment. He said he would also like to see somebody appear before the Council and recommend the Chipman Housing Project property be rezoned likewise to "R -5" and he would welcome that proposal - the sooner, the better. He commented that, by rezoning these two parcels of property, the Council would be doing a service to the West End merchants and establish some improvements on property which, otherwise, might be vacant for years to come. Councilman Schacht stated he had been amazed at the last meeting when this matter was being heard that there was so very little property zoned in the "R -5" District west of Grand Street. He said it is probably the feeling of the Council, Planning Board, and the City in general, that there should not be a density so great that the City is over - populated - yet, all must try to determine a reasonable density for land available for development such as this one, which all agree can only be used for apartments. The question was then put and the motion carried on the following vote. Ayes: Five. Noes: None. Absent: None. Mr. Whitney expressed his congratulations to the Council for taking this progressive step which he felt would benefit the West End of the City. Mrs. Tova Wiley, 1232 St. Charles Street, stated she believes the Council should have it called to its attention that population alone does not bring business to mer- chants - and it seems to her that since the Council has seen fit to grant this particular opportunity to the West End merchants, they might very well take a look at kebster Street and ascertain what they can do to improve its appearance and attractiveness as far as customers are concerned. Adding five hundred more people to this area might not necessarily bring more business - unless the business dis- trict is cleaned up and smartened up. She felt a great many of the signs should be removed - especially the billboards located at the foot of Webster Street which obscure the beautiful Maritime School. They are on Federal property and she does not think they should be there - the City does not get any income from it and they spoil the appearance of Webster Street. She said she would like very much to have some real physical improvement on Webster Street to attract customers so that the City does not have to keep adding and adding people in the hope that maybe the mer- chants can get more business. President McCall pointed out there are many apartment houses in the City, especially in the West End - and he wanted to emphasize that merchandising is a big business and only about fifteen per cent of the City's purchasing power is spent in Alameda. He felt the opportunity is here now for the Council, the merchants and Chamber of Commerce to work together to stimulate business and go ahead with progressive merchandising. Councilman Petersen said he felt the strength of the community lies in the "small" business - such businessmen earn their money in the community and put their own money back into the community to support it. A large business is a national concern and it takes money out of the City. He felt, therefore, there is a strong obligation to support the local businessmen - but the merchants must also show some initiative and make improvements. Mrs. Wiley also remarked there should be trees planted on each side of Webster Street all the way down on the Federal property. Everything possible should be done to beautify the business district on Webster Street - there is nothing now to attract customers. If there are good shops and attractive surroundings, there will be busi- ness - but business conditions will not be improved merely by adding more people. Councilman Collischonn noted that Mr. Mitcheom is the new President of the West Ala- meda Business Association and he said he felt Mrs. Wiley has spoken words of wisdom. He suggested that Mr. Mitcheom carry this message back to his organization and attempt to stimulate such a program. Mr. Mitcheom stated the groundwork along these lines has already been laid and he is looking forward to some united effort and hopes this is the year when the West End merchants "come through". 11‘1( From City Manager, recommending contract be awarded to McGuire and Hester, low bidder, for the project of Installing a Sanitary Sewer in Central Avenue, between Park Avenue and Park Street, for the amount of $5,757.35• Councilman Petersen moved the recommendation be adopted; that contract be awarded to the specified firm for the performance of said project at the price quoted and the bid bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 12. Councilman Schacht introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing the Execution of a Lease by and Between the City of Alameda, as Lessor, and the Alameda Swimming Pool Association, as Lessee, of Certain City -owned Land. (Portion of Lincoln Park)" Councilman Petersen stated he would like to pose some questions on this matter for the Council's consideration which were suggested by a member of the Recreation Com- mission: (1) a performance bond should be included in the agreement; (2) the Swimming Pool Association should be required to file with the City a statement of the complete cost of the pool and the building after completion and the City should be furnished with an annual statement of income and expense; (3) the relocation of the play area in Lincoln Park - the cost thereof and by whom to be paid. Considerable discussion was had on the third point - Mr. Hanna explained that the ten - nis courts on the south side of Lincoln Park are not used because of their unfavorable location - they are frequently damp and leaves from the trees drop upon them - conse- quently, the real tennis enthusiasts do not care to use these courts. It was Mr. Saalwaechter's thinking that the basketball standards would be moved to the "tennis" area and their former location would be used under lease by the "Association ". He said he supposes the Street Department crew would actually move these standards, the cost of which would be nominal. One of the factors which entered into the selection of this site, which is about one hundred twenty -five feet square, is that there were no trees to interfere with a swimming program. Councilman Collischonn stated that, in view of the service Mr. Weeden is going to render the City and the expense he is going to, he would be most reluctant to even suggest he bear any part of this relocation cost. However, for the sake of protect- ing the City's interest, it might be suggested to Mr. Weeden that if it costs over `1OO. he might be willing to absorb any additional cost in the overall cost of con- struction of the pool. With regard to the performance bond, Mr. Annibale stated it is already covered in the lease as presented to the Council. Concerning the cost of construction, the lease agreement provides that the Association will furnish to the City Engineer a full and complete copy of the contract covering construction. With respect to the furnishing of an annual statement of income and expense, Mr. Annibale stated he failed to see the purpose of such requirement. He pointed out the City Manager has the right to approve all rules and regulations with regard to the operation of the pool, and it might be possible for him to procure such a statement but the City would have no pur- pose in receiving such information. It was brought out that the ordinance is merely being introduced at this time and any desired amendments to the lease agreement could be added prior to the adoption of the ordinance. Mr. George Rose, member of the Recreation Commission, stated he did not know these matters would be presented at this meeting - he had planned to bring them up at the Recreation Commission meeting this next Thursday. He stated he is vitally concerned about the relocation and elimination of certain facilities due to the construction of the proposed pool. He said he realizes the wonderful job Mr. Weeden is doing but he still does not think that, if public land is to be leased to him for private use, any current park facilities should be curtailed. Following further discussion, it was agreed the several questions would be studied by the Recreation Commission, the Recreation Director and the City Engineer and a report could be sent out to the Councilmen by this next Friday evening in order that the Council would know the facts and be able to discuss the matter at a Committee of the Whole meeting to be set for Tuesday evening, February 24, if necessary - otherwise, the City Attorney could be informed of the thinking of the Councilmen. UNFINISHED BUSINESS: 13. Councilman Freeman stated the Councilmen had received two letters - one from the State Division of Highways and one from the County of Alameda - in explanation of the proposed new freeway off the south shore. She said it appears from these letters that there have been many meetings and the preliminary plan of freeways and express- ways had been presented to the County and cities. She stated she had not seen such plan and asked that when the City Engineer, the Planning Director and any other official is invited to review plans for freeways which pertain to the City of Alameda, where a policy statement may be necessary, that someone on the Council be notified or the City Manager attend - so he can give the Council information on the subject. She said that, from the letter, she assumed those in attendance were in perfect agreement on this freeway - and she has opposed a freeway on the perimeter of the south shore from the very beginning. 14. Councilman Freeman also requested the City Attorney to ascertain the plans of Reclamation District 2087 with regard to its protection of the mud dike on the east end of the fill - from Broadway east - and the date of completion. 15. Councilman Petersen referred to his recent request that action be taken to expedite the removal of certain traffic hazards on the west side of Benton Street, and inquired what progress has been made in this respect. Mr. Hanna replied there is a plan worked up now and an estimate of cost, which is about 51,300. He said he expects to meet with Mr. Sumner Graham of Alaska Packers Association and point out on the site what is proposed to take care of the situation and get his consent and authorization to proceed to have the work accomplished. He said he felt sure Mr. Graham would be agreeable. President McCall asked Mr. Hanna if he had discussed with Mr. Graham the general cleaning up of this area - he felt it is now presenting a problem to the City in its existing condition. Mr. Hanna stated he would also submit this matter at the same time. NEW BUSINESS: 16: Councilman Collischonn stated that, in view of the action taken by the Council tonight in rezoning the "Grey and Schmidt" property, he felt the Council would pro- bably have no objection to his requesting the City Attorney to prepare a Resolution of Intention to rezone the property formerly occupied by Chipman Housing Project to an "R -5" District. There being no objections, the City Attorney was directed to prepare said resolution. 17i Councilman Schacht said he had asked the City Manager to investigate the proce- dure and possibility of the Junior Traffic Patrol members to be allowed a day at Santa Cruz, together with those of Oakland and Berkeley, at no cost to the City. He explained the Southern Pacific Company has arranged train schedules for proper trans- portation and inquired what authorization is needed for this proposal to be carried out. Mr. Annibale stated no Council action is necessary - it is merely an administrative decision. He said it had been brought to his attention and the City's present insur- ance would cover those on this excursion. However, he said the City Manager might well appreciate a directive from the City Council. Councilman Schacht thereupon moved it be the policy of the City to allow the Junior Traffic Patrol boys to make this trip as outlined and to permit the officer in charge of these boys to accompany them. The motion was seconded by Councilman Collischonn and unanimously carried. RESOLUTIONS: 18. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5900 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model, Medium Size Trencher, 'ARPS' Model M or Equal, Self- Propelled, Equipped with 32" Boom, Two Rear Wheel Weights and Crumber, 8" Cutting Blades, Calling for Bids and Directing City Clerk to Advertise Same." (For Golf Course) 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 Freeman, who moved its adoption: "Resolution No. 5901 Authorizing Execution of an Agreement by and Between the City of Alameda and the County of Alameda Relating to Prisoner Care." 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. 20. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5902 Resolution of the Council of the City of Alameda Establishing Election Precincts, Designating Polling Places Therefor and Naming Officers of Election for Each Precinct for the General Municipal Election to be Held on Tuesday, March 10, 1959." 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. 21. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5903 Consent to Assignment of Lease to Todd Shipyards Corporation, a New York Corporation, of Real Property Held Under Lease by and Between the City of Alameda and Matson Navigation Company (Todd Shipyards--12.961 Acres)." 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. 22. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5904 Resolution of the Council of the City of Alameda Authorizing the Execution of and Approving a Certain Freeway Agreement by and Between the State of California and the City of Alameda (Approaches to Second Estuary Tube)." 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. 23. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5905 Authorizing Execution of a Lease by and Between Moore Dry Dock Company, Lessor, and the City of Alameda, Lessee, of Certain Real Property Situated Within the City of Alameda (Gangway and Loading Float- -Small Boat Ramp- -North end of Grand Street)." 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. President McCall asked the City Engineer when he thought the wharf would be ready for use. Mr. Hanna answered that it will be completed on February 28, but the Float will not be installed by then. President McCall stated he would like to hold off the use of the Ramp until such time as the entire project is complete, including the parking area, and then invite the members of the Wildlife Conservation Board to an official dedication ceremony. He pointed out it was through the cooperative efforts of this Board that the improvement was accomplished. Mr. Hanna mentioned that it might be two or three months before the Float is installed due to the procedure which involves certain State agencies. However, it was developed that the remainder of the project will be ready for official opening during the first part of March. ORDINANCES FOR PASSAGE: 24. "Ordinance No. 1296, New Series An Ordinance Authorizing the Acquisition of Certain Real Property and Authorizing the Transfer of Certain City -owned Real Property in Partial Consideration of Such Acquisition (Tilden Way -- Standard Oil Company Property) ." Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 25. Agreement - Between City and County of Alameda, with regard to Prisoner Care. 2.6. Financial Statement - Bureau of Electricity, as of December 31, 1958 - Verified by Hackleman & Lar•zelere. 27. Specifications and Provisions No. MS 2 -59 -3 - for furnishing Trencher. 28. Freeway Agreement - Between State and City, concerning approaches to Second Estuary Tube. 29. Lease - Between Moore Dry Dock Company and City of Alameda - North end of Grand Street. 30. Auditor's Financial Statement - City of Alameda, as at January 31, 1959 - Verified by Hackleman & Larzelere. BILLS: 31. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the amount of $46,827.89, 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 February 17, 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. ADJOURNMENT: 32. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, March 3, 1959,a t 7:30 o'clock. Respectfully submitted,