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1959-06-02 Regular CC Minutes63 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, NNE 2, 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 an inspiring Invocation was then delivered by The Reverend Mr. Thomas P. Weir, Pastor, First Christian 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 May 19, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Alameda County Admission Day Celebration Committee, signed by Mr. Arthur F. Robin, Treasurer, requesting the Council to appropriate $100. to defray the expense of the float to be entered in the parade, which will represent Alameda County and its cities. There being no objections, the matter was referred to the Alameda Chamber of Commerce for disposition. 3. From Mrs. Peter H. Zars, 1320 St. Charles Street, submitting further information concerning the problem of windblown sand along the South Shore and her suggestions for the control thereof. President McCall expressed thanks to Mrs. Zars for her letter and also requested that copies of all such letters be given to the City Engineer. . From Mr. R. C. Kindred, 2033 Berryman Street, Ber•kele ZI-• , ym , y, registering a strong pro- test against the location of restrooms on the South Shore Beach. There being no objections, President McCall said the City Manager would be instructed to write a letter of explanation to Mr. Kindred. It was so ordered. 5. From Mr. Gordon W. Santelman, 1817 Ninth Street, submitting his proposal for "Haul -away of Rubbish and Garbage ". The matter was referred to the City Manager, City Attorney and City Engineer for con- ference with the parties concerned and a report to the Council on the subject. 6. From Vaughan, Paul & Lyons, San Francisco, Attorneys for The Harbor Tug and Barge Company, submitting copy of said Company's Application Before the Public Utilities Commission of the State of California "for authorization to substitute 'on call' service for 'on schedule' service as a common carrier of passengers between Foot of Broadway, Oakland, and the U. S. Naval Air Station, Alameda, and for revocation of certificate of public convenience and necessity ". The matter was referred to the City Attorney. 7. From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, con- cerning acceptance, with certain minor exceptions, of all improvements in Unit I of its South Shore Subdivision. 8' From South Shore and Co., signed by Mr. Travers, requesting confirmation of acceptance by the City of public beaches in Unit I of its South Shore Development as of November 22, 1958. 9 From South Shore Land Co., and Reclamation District 2087, signed by Mr. Travers as Vice President and President, respectively, embracing the subject matter of the preceding two letters and setting forth a detailed explanation of their position and plans with regard to completion of those items yet to be finished which are now listed as "exceptions ". Upon advice of Mr. Annibale, the foregoing letters from South Shore Land Co. were referred to the City Manager, City Engineer and City Attorney for study and report. It was so ordered. ORAL COMMUNICATIONS: 104 . Mr. Frank Gottstein, 731 Haight Avenue, spoke of the huge trucks carrying long girders which cause traffic congestion and felt companies should use the railroads for transportation of this type of material rather than slow down automobile traffic, especially through Posey Tube. He also spoke of the nuisance of the "left -turn" lane on Webster Street for access to Atlantic Avenue because it is not well defined and people who wish to continue straight ahead to the Tube are directed by the Police Officer to make a left -turn since they 64 are in that lane - possibly inadvertently. It presents a bad situation for the rea- son that not sufficient forewarning is given and motorists get into the wrong lane. He felt this left -turn provision should be eliminated because it just holds up the north and south traffic. Mr. Gottstein mentioned the City Hall Parking Lot and felt the spaces should be set diagonally to facilitate parking which is now difficult in the vertical spaces, especially with the new longer and wider cars. He also stated meters should be installed there, the same as for on- street parking. Discussion ensued concerning the left -turn off Webster Street at Atlantic Avenue. It was agreed motorists should be directed by signs placed, possibly, at buena Vista and Lincoln Avenues to get- into the proper lane ahead of time if they want to con- tinue north or really make a left -hand turn at this point. This "accumulation" lane should be definitely indicated if it is to be there at all. It was developed that Webster Street is not wide enough to safely permit this lane for just left- hand -turn traffic - especially during the peak hours when all lanes are full - as there would be no way for fire trucks to get through if necessary. There being no objections, the problem was referred to the City Manager to discuss with the Chief of Police and submit a recommendation to the Council. It was so ordered. 11. Mr. Alton S. Lee, 3008 Marina Drive, spoke in behalf of the Aeolian Yacht Club. He referred to the letter from South Shore -sand Co., requesting acceptance of the public beaches in Unit I and asked that, when the proper City officials are review- ing this request they give special attention to the configuration of the beach on the east end of the Fill Area - east of Park Street. He stated the condition now is such that at low tide one can practically walk or crawl across to Bay Farm Island. He stated his Club has written to the U. S. Corps of Engineers about it but has not received a very satisfactory answer - having been told this was just natural silting. It was pointed out the area east of Park Street is not even yet under consideration. Upon inquiry, Mr. Hanna stated his office has quite an accumulation of cross sections and information which could be of value to anyone who wants to study this situation. Councilman Freeman stated she felt the City had not received a very satisfactory answer to this condition either - having been told by the "Corps", at the time the City requested the removal of the silt, that it was not within its jurisdiction shoreward of the pierhead bulkhead line. The Corps had informed the City it could demand of "Utah" , the removal of said silt - it was up to the City to do so. Council- man Freeman stated she did not think it is the City's responsibility - but if it is, she would like to have this statement in writing and she asked that the City Manager write to the Corps, inquiring if it has relinquished its jurisdiction of these waters from high tide to high tide. President McCall asked the City Manager to discuss this matter with Councilman Freeman and obtain from the Corps the desired information. J 12. Mr. Robert Kneedler, 3285 Briggs Avenue, said he believes the Council and City Manager have been "brow- beaten" by the Bay Area Air Pollution Control District and he recommended the City Manager be instructed to write to the District, informing it of the economic ramifications of having to continue to fill the last virgin land in Alameda with rubbish, the additional cost of having to haul garbage away and all of the extra financial burdens being placed upon the citizens in order to reduce the smog. He said he did not think this sacrifice is producing the desired results because most of the smog is being caused by automotive exhaust. He suggested the District should spend its efforts on research rather than brow - beating the people of Alameda. President McCall pointed out Mr. Annibale and Mr. Hanna had recently appeared before the District Board to explain the City's efforts to obviate fires at the City Dump caused by spontaneous combustion. He also mentioned there is a committee in the Mayors' Conference which is working on the matter and a presentation of data is to be made to the District Board. President McCall pointed out the District is now contem- plating Regulation No. 2 which will affect manufacturing installations in the Bay Area. It was brought out that any beneficial changes could be accomplished only by procuring the signatures of fifteen per cent of the voters in Alameda County and petitioning the State Legislature for a referendum on the question. Mr. Annibale agreed that action would have to be taken under the State Legislative Act. He also pointed out the factors mentioned by Mr. Kneedler had been placed before the District Board in the City's application for a variance from Regulation No. 1 and the Board had deter- mined these were not of sufficient weight to permit a variance. Mr. Kneedler said he believes the City of Alameda still has the right to demand data from the District to show if the sacrifice being made is accomplishing anything. Mr. Annibale explained that the question is entirely pertinent, but it should be directed to the State Legislature rather than to the City Council. It was determined that the City Manager would write such a letter. J 13. Mr. Roy C. Kindred referred to his communication in protest against the location of restrooms along the South Shore. He stated he did not think it is fair, in terms of the potential for housing in the South Shore development, to establish restrooms on the beach. Mr. Weller pointed out this question had been presented at several Council meetings and he assured Mr. Kindred he expected to write him a letter of explanation. Mr. Kindred stated he felt the City would be better without such facilities. HEARINGS: 14. Continued from the meeting of May 5, 1959, at the request of the twenty-one prop- erty owners involved, was the item with regard to Resolution No. 5922 in the Matter of the Construction of Work and Improvements in Assessment District No. 1959-1 - Washington Street. The Clerk read a letter signed by Messrs. Martin W. Stohr and Gordon W. Ebert, repre- senting the twenty-one property owners affected, requesting further continuation of the Hearing for an additional period of sixty days. Mr. Annibale stated he had conferred with the Legal Counsel in this matter and it was the consensus that the Hearing should be continued to the first Council meeting in August, 1959. It was,ascertained there were no objections to the continuance and Councilman Schacht thereupon moved the Hearing be continued to the meeting of August 4, 1959. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 15. From the Mayor, Assistant City Manager and Deputy City Auditor, submitting their report on the Count of Money held May 21, 1959 - showing the sum of $4,102,174.08 in the City Treasury at that time. The report was noted and ordered filed. 16. From City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending approval, under certain stipulated conditions, of the Record of Survey Map for the resubdivision of Lot 5, Block 2, Tract No. 1866, South Shore Unit No. 1. This parcel is situated along the north side of Otis Drive and east side of Willow Street. Councilman Collischonn moved the Council approve said Record of Survey Map covering Lot 5, Block 2, Tract No. 1866, South Shore Unit No. 1, subject to the conditions set forth in the Board's letter of May 27. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 1 17. From City Planning Board, signed by the Secretary, submitting its recommendations for amendments to the Alameda Municipal Code (Zoning Section) concerning Home Occupations. As required by the Zoning Ordinance, it was determined the date of Hearing in this mat- ter would be the meeting of June 16, 1959. 18. From City Manager, transmitting the recommended Budget for the City of Alameda for fiscal year 1959-60. President McCall asked the Council to sit as a Committee of the Whole on Tuesday even- ing, June 9, 1959, for a review of the Budget. Councilman Petersen moved the Council meet at the designated time for a Budget session. The motion was seconded by Council- man Schacht and unanimously carried. 19. From Mr. Francis G. MacGinnis, tendering his resignation from the City Planning Board, effective June 30, 1959. Councilman Schacht moved Mr. MacGinnis' resignation be accepted with reluctance and a resolution of commendation be prepared for the next meeting. The motion was seconded by Councilman Collischonn, who expressed regret that a man of Mr. MacGinnis' caliber finds it necessary to resign from his office as a member of the Planning Board. He felt Mr. MacGinnis has contributed a tremendous amount of good to the City and has expended a great deal of personal effort in the best interests of the community. The motion was then unanimously carried. 20. From Civil Service Board, signed by Mr. Thomas L. Ferro, President, reporting on its salary review and submitting its recommendations for the fiscal year 1959-60. There being no objections, the report was referred to the City Manager for his advice to the Council at the time of the Budget session about the effects of the Board's recommendations on the Budget for the ensuing fiscal year. 21. At this point, President McCall spoke of the several Alameda athletes who have made names for themselves in the field of sports. He referred particularly to the two young men who have most recently brought fame to the City through Golf Tournaments - Don Whitt, who has just won the Masters Open and the Kentucky Open, and also John McMullin, who was "in the money" in the Kentucky Open. He stated both have just qualified for the United States Open, and the City is proud of them and thanks them for the good publicity it derives from their fame. The Clerk was directed to write letters to Messrs. Whitt and McMullin, congratulating them on their success and extending best wishes for continued successful efforts. 6 INTRODUCTION OF ORDINANCES: 22. Councilman Collischonn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Section 12 -331 of the Alameda Municipal Code, Relating to the Hours of Operation of Billiard and Pool Rooms." 23. Councilman Freeman introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Repealing Section 2 -511 Thereof (Official Bonds Required)." 24.. Councilman Petersen introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision 7 to Section 17 -581 Thereof, and By Adding Subdivision 6 to Section 17 -582 Thereof, All Relating to Speed Limits Within the Posey Tube." (35 MPH) UNFINISHED BUSINESS: 25. Laid over from the last meeting at the request of Mr. Dowling, Subdivider, was the matter of the approval of the Record of Survey Map covering three lots on Waterton Street, as recommended by the Planning Board. Councilman Collischonn moved the Council approve said Record of Survey Map covering the specified parcel subject to the stipulations contained in the Planning Board's letter of May 19, 1959. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 26. 4 Councilman Petersen referred to the suggestion made at the last meeting to establish a Citizens Advisory Committee in a further attempt to combat the problem of juvenile delinquency and said he thought such a committee should be appointed by the Council. Considerable discussion was had on the subject - it being developed that the City's "loitering" ordinance would be amended to be applicable to all those up to twenty -one years of age. Further, it was emphasized that the Police Department would be given full support in its efforts to enforce the City's ordinances. Councilman Freeman then moved the City Attorney be instructed to prepare an ordinance for introduction at the next Council meeting, to become effective under emergency provisions, amending the current anti - loitering ordinance as indicated. The motion was seconded by Councilman Schacht and unanimously carried. Mrs. J. Benton Coffman, 2846 Santa Clara Avenue, expressed her approval of the idea of creating a Citizens Advisory Committee, which she felt could be a tremendous help to parents who would like to guide their children in the proper direction, to have support from an authority of this kind. Mrs. Coffman said she believes it will develop a spirit of cooperation which will be of benefit to all in the community. Following further discourse, it was also then determined that each of the Councilmen would submit four names of persons who would be qualified and willing to serve on a Citizens Advisory Committee and possibly at the meeting of June 9 the matter could be considered and said Committee membership decided upon. It was agreed the names proposed would be representative of PTA organizations, the Clergy and other such interested groups. RESOLUTIONS: ,J 27. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5943 Resolution of the Council of the City of Alameda in Appreciation and Commendation of Marion J. Klein for His Service to the City of Alameda." (Member of Advisory Golf Commission) The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5944 Resolution of the Council of the City of Alameda Requesting Payment by the Fiscal Agent of the Amount Held in the Off- Street Parking Surplus Revenue Fund to the General Fund of the City of Alameda." 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. 29 \1 The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5945 Resolution of the Council of the City of Alameda, on Its Own Initiative, to Refer to the City Planning Board for Action the Matter of the Amendment of Ordinance No. 1277, N. S., Relating to Front, Side and Rear Yard Requirements on Lots of Record of Less Than Standard Area or Dimensions." 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. 30. At this point, President McCall referred to a letter the Councilmen had appar- ently received from Mr. John N. James, Attorney, concerning the status of "used car lots" located in "C -2" and "C -3" Districts under provisions of the Zoning Ordinance. He said he believes the operators of these businesses have been placed in a very awkward position by the regulations of the Zoning Ordinance with regard to "non - conforming" uses. He said he would discuss the situation with the City Attorney and would like to have a resolution on the agenda for the next meeting to start the pro- cedure to correct the condition. 31. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5946 Amending Salary Resolution No. 5878 by Deleting the Position of Street Inspector and Creating the Position of Sidewalk Inspector in the Engineering Department." 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 Schacht, who moved its adoption: "Resolution No. 5947 Adopting Specifications and Provisions for Limited Janitorial Service in the City Hall, 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. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 33. "Ordinance No. 1303, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (616 and 620 Buena Vista Avenue) Councilman Schacht moved the ordinance be adopted as submitted. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 34. Specifications No. PW 6 -59 -12 - Furnishing Limited Janitorial Service, 1959 -60. 35. Recommended Budget - City of Alameda, 1959 -60. BILLS: 36. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the amount of $39,536.77, 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 Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on June 2, 1959, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 37. At this point, President McCall announced there would be a change in the annual Flag Day Celebration. The City of Alameda, in conjunction with Alameda Elks Lodge No. 1015, will hold an appropriate ceremony at 8:00 o'clock p.m., Friday, June 12, 1959, in front of the Lodge Building on Santa Clara Avenue. This will be followed by a program in the Lodge Hall. Preceding the ceremony, there will be a short parade which will originate at Alameda Avenue and Oak Street, proceed east to Park Street, north on Park Street to Santa Clara Avenue and then west to the Lodge Build- ing where the Massing of the Colors will take place. He extended an invitation to everyone to attend this event and urged that each publicize it. ADJOURNMENT: 38. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, June 16, 1959, at 7 :30 o'clock. Respectfully submitted,