1959-06-16 Regular CC Minutes6 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, JUNE 16, 1959 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman, following which The Reverend Mr. Johnnie L. Douglas, Pastor, First Church of the Nazarene, delivered an inspiring Invocation. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen, President McCall, (5), were noted present. Absent: None. ac ht and MINUTES: 1. The minutes of the regular meeting held June 2, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 21. From County of Alameda, signed by Mr. Earl R. Strathman, Administrator, submitting for consideration a form of lease covering the Veterans' Memorial Building. The matter was referred to the City Manager for conference with the City Attorney. 3. From Alameda Chamber of Commerce, signed by Mr. Jerry Jacobs, President, trans- mitting copy of its Resolution No. 5907, concerning United States Senate Bill S -910, relative to payment of sums to local Governments in lieu of taxes. The communication was noted and ordered filed. 4. From Mrs. Lee H. Doble, 1030 High Street, protesting against the sand blowing off the South Shore Fill Area and presenting the suggestion that a Citizen's Advisory Com- mittee be formed to aid in dealing with the situation. Upon request, the letter was read in full. President McCall stated that later in the meeting the City Manager is to present a report on the subject. 5, From Kenneth, Chris, Jr. and Dennis Ward, submitting an Application for Permit to Fill the north half of Harrison Avenue, 160 feet easterly of Park Street Bridge, by truck dumping of approximately five hundred cubic yards of earth fill. The required bond in the amount of $5,000. accompanied the Application. Mr. Hanna asked that two conditions be attached to the granting of the Permit - (1) the retaining wall be constructed to the satisfaction of the City Engineer and (2) any construction in the utility companies' easements be accomplished only with their approval. He said that, under these provisos, he would recommend the Permit be granted. Councilman Schacht thereupon moved the Permit to Fill be granted to Messrs. Ward, pro- viding the conditions set forth be complied with. The motion was seconded by Council- man Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 6'1 From Alameda Chamber of Commerce, signed by Mr. Jerry C. Jacobs, President, trans- mitting a check in the amount of $750. as a refund of a portion of the City's alloca- tion for this fiscal year - and submitting its proposed budget for fiscal year 1959 -60, embracing the anticipated revenue of $19,000. from the City. Councilman Collischonn moved the Council grant the Chamber's request and appropriate $19,000. in the City Budget for 1959 -60 for the Chamber contract. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 7. From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, referring to the Agreement dated June 25, 1958, between it and the City with regard to the installation of improvements in Unit No. II, Tract No. 1898 - and requesting that the one -year period set forth for completion of improvements be extended for an additional year - to June 25, 1960. Mr. Hanna explained this is a normal request and the improvements cover the installation of streets, storm drains, etcetera. Councilman Collischonn moved the extension of time be granted as requested, and the bond of 5800,000. be continued in effect for the extended period. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 8 From Mr. Fred Fong, 1347 Park Street, requesting permission to hold a Fashion Show for about two hours on the sidewalk area in front of his newly- opened restaurant at the foregoing address to publicize the grand opening on June 27. Councilman Freeman moved permission be granted to Mr. Fong for use of the sidewalk area on June 27 for the time specified to present the Fashion Show in connection with his grand opening, subject to the approval of the Chief of Police. The motion was seconded by Councilman Schacht and unanimously carried. 70 4. At this point, there was some dissatisfaction expressed concerning items of busi- ness which require Council action being submitted at the last minute before a Council meeting and thus preventing the Councilmen from being adequately informed on the sub- jects. The Council policy was reiterated and emphasized that henceforth, except in matters of emergency or great urgency, all communications must be received in time to be listed on the agenda and copies sent out to the Councilmen for their information not later than twenty -four hours prior to any Council meeting, as required by the Charter. ORAL COMMUNICATIONS: 16. Mrs. James Wiley, 1232 St. Charles Street, read a letter from Mrs. Peter H. Zars, 1320 St. Charles Street, giving further information on the subject of dust and sand control on the South Shore - itemizing a number of ground -cover plants which would stabilize the sand as well as nourish it for future landscaping and also, suggesting certain trees and shrubs which would help remedy the problem in this area. Mrs. Zars presented the names of a number of experts and consultants in this field from whom she has received advice in this matter. President McCall asked that the letter be given to the Clerk to refer to the file on the subject. He stated the City is making every effort to alleviate this condition. 11. Mr. Frank Gottstein, 731 Haight Avenue, referred to his suggestion made at the last meeting that parking meters should be established in the City Hall Parking Lot and the spaces should be arranged diagonally. He also objected to the fact that the Police Officer staticned near the Posey Tube .to direct traffic during the morning peak hours, now leaves too early and, consequently, whenever there is the least holdup in the Tube, the traffic backs up to Lincoln Avenue. v 12. Mrs. Wiley stated most emphatically that the wind is still blowing sand off the South Shore and the problem is definitely not under control. She referred to the "dust control" ordinance and requested the City to invoke its authority and insist . that the developer control the sand. She said she and Mrs. Zars have tried to give the City the "answers" to the problem and it should be taken care of "today ". Councilman Petersen concurred, stating the City should demand the "Company" to act promptly in cleaning up the sand and spreading the cover treatment. Mr. Weller explained that the Company had moved in with two rigs which worked last weekend and yesterday spraying certain portions of the area. He said the Company estimates it will take about a week to complete the job. He felt the project is pro- gressing as rapidly as can be expected. Mrs. Wiley said she believes the Company should expend as much time and labor in con - trolling the sand as it did in making and shaping the fill - and it should be forced to do so. She contended the people should not have to put up with this serious con- dition for even one more day. Mrs. Wiley demanded action right now. President McCall felt it would be well for the City Manager to call Mr. Reeves of South Shore Land Co., advising him of the reaction of the citizens as expressed tonight and asking him if it is at all possible to put more rigs on the job of spray- ing in order to complete the project more quickly. It was developed that all concerned are working diligently to alleviate this problem. HEARINGS 13 The matter was called up concerning Resolution No. 5941, "Intention to Order the Vacation of a Portion of Everett Street, in the City of Alameda (Northern End) ." The Clerk stated she has on file the Affidavit of Publication of the Notice of Hearing and the Affidavit of Posting Notices in the area involved. There being no proponents or opponents of the question who desired to speak, the mat- ter was referred to "Resolutions ". 14 The matter was next called up with regard to the Appeal from the decision of the Planning Board to deny a Use Permit for the operation of the Allied Officers Club on the premises known as 566 Central Avenue - filed by MacDonald, Brunsell & Walters, Attorneys for Mrs. May Dowler, applicant. The Clerk stated letters of protest against the granting of the requested Use Permit had been received from the Santa Clara Avenue Methodist Church and the Alameda Council of Churches. Also, a petition of protest had been filed, containing the signatures of three hundred two residents or tax- paying property owners in the general area involved. Mr. Clayton Brunsell spoke on behalf of Mrs. Dowler and the Allied Officers Club. He agreed this is a controversial issue but felt there has not been a dispassionate Hear- ing on the matter and said he did not think the decision of the Planning Board was based on "fact ". He stated the Club would be located in the building formerly used by the Alameda Little Theater - the area involved is approximately one acre. The Club would create no, traffic problem as there is more than adequate parking facilities The property is in the "R -5 ", General Apartment District, and the proposed use is com- patible with the zoning. With regard to the Liquor License, this covers only beer and wine. A list of the hostesses for the Club has been filed - each is over twenty -one years of age and is gainfully employed. Mr. Brunsell reviewed the history of the Club, which is a non- profit corporation. He pointed out this organization is not and never has been a police problem. The proposed location is a good one in that it is isolated and, therefore, noise could not be an objection and certainly, traffic could not be. He felt the opponents' claim that there would be drunkenness on the premises and children run down is sheer fantasy. The Club operates only in the evenings - 8 :00 to 11:30 o'clock. He said it is difficult to combat a "whispering campaign" and he believes such is what has happened here. Hard liquor is not and never has been con- sumed on the premises. The Club is not open to the public - it is for the use of Commissioned Officers in the Armed Services, and it is operated on the same basis as all other such clubs in nearby cities. In conclusion, he said that, in the light of the facts presented, the Council should not deny the Use Permit, based on the conjec- ture that drunkenness will exist. Lt. (jg) Jerome B. Williams of the Alameda Naval Air Station stated he had attended the Club during the past year, often acting as bartender, and he knew there was no hard liquor served - in fact, most of the hostesses drank soft drinks. He pointed up that during the week, there are only six or eight cars on the premises and on the weekends, only about twenty. The Reverend Mr. Thomas Weir, President of the Alameda Council of Churches, spoke in opposition to the question. He pointed out the Planning Board has considered the application and the Council of Churches would encourage the members of the City Council to uphold the Board's decision. He said he felt there is quite a liquor problem along Webster Street and this would be extending the condition to a nearby neighborhood where there is now no dispenser of beer or wine. Mrs. Jayne Langdon, 507 Central Avenue, felt this parcel of land could more advantage- ously be developed with an apartment building which would add to the taxroll and attract families with children to attend the adjacent schools and thus add to the spending power in the West End. She said the consumption of even beer and wine could cause trouble because the accessway to the Club is nalww and the buildings on Central Avenue block the view of traffic at night especially when activities are going on at the Church or School just across the street. Mrs. Langdon felt all of the opponents in this case would have no objection to Mrs. Dowler establishing her Club in some other location, but strongly believe this site is not suitable for such activity. Mr. Ivan B. Hart, 229 Pershing Drive, Oakland, owner of the Alameda Apartments at 615- 621 Central Avenue, which contains forty -two units, said he feels it would be a detri- ment to his property and the whole neighborhood if this organization were allowed to operate at this location. He said he thinks it would definitely present a police problem and he does not believe it should be permitted. Mrs. Ethel J. Kibbe, 510 Central Avenue, stated she had worked on the circulation of the petition in protest against this matter and pointed out that, in addition to the three hundred two signatures presented at this meeting, there was a petition submitted to the Planning Board containing two hundred thirteen signatures - totaling over five hundred people registering their objection to the Club. Mrs. Kibbe said they were basing their protest entirely on the consumption of liquor, in view of the proximity of two Churches and two schools. She said she understands that with this being a pri- vate Club, the police would not be able to investigate without a search warrant. Mr. John Mitcheom, 2002 Alameda Avenue, Sales Manager of Leuck Realty Company, strongly felt the protestants had been misinformed about the Club and its activities and he, personally, believes the Club has not had a fair hearing as far as the petitioners are concerned. Mrs. Langdon reiterated that the people in the West End area are opposed to the Club in this location. Mr. Richard Kendall, whose office is at 1410 Everett Street, contiguous with the former site of the Club,also spoke in opposition to the matter. The Hearing was then declared closed and Councilman Freeman moved the Council uphold the ruling of the City Planning Board to deny a Use Permit to Mrs. May Dowler for the operation of the Allied Officers Club at 566 Central Avenue, because of safety, con- gestion and noise factors and other similar considerations. The motion was seconded by Councilman Collischonn. Mr. Brunsell asked if the Council would consider the issuance of a Use Permit condi- tioned upon there being no liquor license or no beer and wine permitted on the pre- mises at any time. Mr. Annibale stated Mrs. Dowler can make re- application for a Use Permit on other conditions at any time she so desires. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15. At this point, President McCall introduced Miss Lynn Poupeney, newly- elected "Miss Alameda ", who was accompanied by some of the members of the Alameda Junior Cham- ber of Commerce Committee who sponsored the contest and other members who were active in arranging the Town Hall meeting held last night. 16V . The matter was then presented concerning the recommendations of the Planning Board, as itemized and submitted with its letter of May 27, to amend the Alameda Municipal Code (Zoning Section) relative to Home Occupations. The Clerk stated the Affidavit of Publication of the Notice of Hearing on the sub- ject was on file. The Clerk also stated that, in connection with the Board's,recom- mendation on the amendment of Sec. 11- 132(a), a letter had been received from the Alameda Chamber of Commerce, suggesting its amendment to this particular section as follows: " occupation upon compliance with the standards set forth in Section 11 -1222 to the satisfaction of the Planning Director. Individuals, firms, corpora- tions, etcetera, shall have the right of appeal, of any decision rendered by the Planning Director, to the Planning Board and /or the City Council." Each Councilman had before him the detailed list of the proposed amendments by the Board. Mr. Annibale stated, with reference to the letter from the Chamber, that he believes, and it is his interpretation of the Zoning Ordinance, that any decision.of any Board or any official, can be appealed to the City Council. However, it is not expressly so stated in said ordinance. He explained that the question has been dis- cussed at length by Mr. Schoenfeld and himself and he felt the situation can be handled very well by a minor amendment to Sec. 11 -192 wherein it states "The appli- cant for a variance or use permit or any property owner claiming to be adversely affected by the action or decision of the Board ...." and then inserting the words or any officer of the City.... ". This would clearly and concisely take care of the comments made by the Chamber. Upon inquiry of Councilman Schacht, Mr. Schoenfeld stated these proposed amendments with regard to Home Occupations would apply to all residential zones. Mr. Harry L. Hofmann, President of the Waterside Terrace - Thompson Avenue Homeowners Association, addressed the Council at length, pointing up the Association's objections particularly to Home Occupations being allowed in the "R -1" and "R -2" Districts. He referred to his letter of May 11, presented to the Council at its meeting of-May 19, in which a number of recommendations had been made on the subject. Mr. Hofmann stated that, in accordance with Sec. 11 -162 and Sec. 11 -1222 a "List of Approved Home Occupations" is required. The Planning Board has not made such a "List ", contending that it would be too lengthy and subject to constant change, and he said the Association takes exception to this. He cited the situation with regard to Home Occupations in the cities of San Leandro and Berkeley and pointed up the fact that their laws are more stringent, especially concerning the employment of out- side help. He felt that by allowing more Home Occupations it will downgrade the residential areas and take business away from the commercial districts where it should be. Mr. Schoenfeld explained that this question does not involve "Use Permits" but rather a "Registration of Home Occupations ", which the Planning Department has been doing through the cooperation of the Treasurer's Department - License Collector. To date there is a list of eighty -five occupations which meet the criteria set forth in the definition and there will probably be half again as many before they are all in. Mr. Schoenfeld stated there are many other occupations being conducted in homes but they have been in operation for years - some, permitted under the old Zoning Ordi- nance and others, by Use Permit - but they do not comply with the present regulations so they have been registered as non - conforming uses. The list of non - conforming uses and home occupations which meet these criteria total over three hundred. During the course of considerable discussion, it was developed that the amendment to permit the employment of one non- resident assistant would apply only to doctors, dentists, osteopaths or chiropractors. It was felt this would be discriminatory. Mr. Hofmann emphasized the Association's objection that excessive traffic would be caused by these medical professions being carried on in the "R -1" and "R -2" Districts, and remarked that the City loses revenue when offices are not maintained in the proper commercial districts. Mr. Schoenfeld commented that most of the Home Occupations do not generate a traffic problem because they are a "mail order" type of business - the one exception, perhaps, being those of the medical profession. Councilman Schacht felt that amendments to make it easier for people" to conduct Home Occupations, which will cause some problems, should not be encouraged. He, too, con- curred that the provision for allowing the medical profession to employ one outside assistant is discriminatory. He felt there would be no objection to people conducting business by telephone in their homes - but there would be many calls made by patients upon the medical profession which would cause traffic congestion. Councilman Schacht also objected to the proposed amendment to give authority to one man to make the decision about whether or not a certain Home Occupation shall be permitted. He said he believes this decision should be made by the Planning Board itself. He also ques- tioned why the Board had not drafted a "List of Approved Home Occupations ". He stated he, personally, is opposed to the entire amendment to the Zoning Ordinance because he felt it would be taking a step backward. He pointed up the number of vacant stores and offices which should be occupied by business enterprises rather than expanding the privilege of Home Occupations. Mr. Ashley Jones, 1040 Fair Oaks Avenue, a school teacher, stated he would not be financially able to purchase land on which to conduct the Home Occupation he would like to carry on. It was later brought out that he wanted to construct a swimming pool in his rear yard area and then give swimming lessons which, under the present pro- visions, is not allowed because it is an occupation carried on outside the dwelling. He felt this type of Home Occupation would be of benefit to the community. He explained the history of his case. There was further explanation of the interpretation of non- conforming Home Occupations by Mr. Schoenfeld. Mr. Annibale defined the issues before the Council. (1) The major question is whether or not the Council wants to leave to the discretion of the Planning Director the grant- ing of a "Home Occupation Registration or Certificate" or should this be the decision of the Planning Board? (2) Under the existing ordinance the Home Occupation has to be confined within the dwelling - the question is, should there be an amendment to also allow said occupation to be carried on in the rear or side yard areas? (3) Should a non- resident assistant be allowed to be employed? Mr. Annibale further clarified the question of the right of appeal and emphasized that the slight amendment suggested by him earlier in the meeting would remove all doubt on the subject. Councilmen Schacht and Freeman objected to the proposed amendment to permit the non- resident assistants for the specified professions and Councilman Schacht definitely objected to one man having authority to grant permission for a Home Occupation and, he said, he was not sure what the,result might be if the yard areas were allowed to be used. Mr. Annibale called attention to the proposed new subparagraph (e) to Section 11 -1222, "That the conduct of the Home Occupation shall not create excessive pedestrian, auto- mobile, or truck traffic in the vicinity, and that the parking of commercial vehicles incidental to the Home Occupation shall be permitted upon the premises only in enclosed structures." He also referred to the existing subparagraph (d) and stated both of these provisions are pertinent to this issue. During further debate, it was developed that the Planning Director could grant per- mission only when the Home Occupation is to be within the dwelling - any such occupa- tion in the yard areas would require the Use Permit procedure which is acted upon by the Planning Board. Also, he would be guided by Section 11 -1222, Subparagraphs (a) through (e). Councilman Collischonn pointed out the Planning Board itself expressed the desire to turn this authority over to the Planning Director in order that it would have more time to devote to actual "planning" rather than to hearing all of these minor cases. If anyone were aggrieved by the decision of the "Director" he would have the right of appeal to the City Council. Councilman Collischonn said he would like to see any changes to the Zoning Ordinance eliminate Home Occupations from the "R -1" and "R -2" Districts and keep them only in the higher density areas if they are going to be perpetuated. He would not like to have them encouraged in the "Class A" resi- dential sections. President McCall stated there is still opportunity for the Council to discuss this matter further and ascertain from the City Attorney or Planning Director a clarifica- tion of any questions it might have in an attempt to make the proper amendments. Mr. Annibale stated the Hearing can now be declared closed, if no one else desires to be heard on the subject, and the matter can then be referred to Committee of the Whole for further deliberation and study before reaching a decision. President McCall asked if anyone else wished to be heard at this time and Mr. Francis Harvey, 3245 Bayo Vista Avenue, stated he was one of the Directors of the Waterside Terrace- Thompson Avenue Homeowners Association and inquired if a certain date would be set for further consideration of these amendments so all interested parties would be informed. It was so agreed. In response to President McCall's inquiry, there were no further speakers on the sub- ject and the Hearing was then declared closed. The President then announced that the Council meeting would adjourn tonight to an adjourned regular meeting to be held Tuesday evening, June 30, 1959, at which time the recommendations from the Planning Board concerning Home Occupations would be given further consideration. REPORTS OF OFFICERS, BOARDS, ETCETERA: 17.E From City Planning Board, signed by the Secretary, recommending the reclassifica- tion of certain property on the west side of Willow Street, owned by Dr. Paul R. S humaker, from the "R- 4 -PD ", Neighborhood Apartment - Planned Development District, to the "AP ", Administrative - Professional District. The Hearing on this matter was set for the Council meeting to be held July 7, 1959. 18. From City Planning Board, signed by the Secretary, concerning the request from Mr. and Mrs. William Kerry to utilize a potential thirteenth apartment in the premises known as 1804 Santa Clara Avenue. It was stated there was no substantial change in the conditions which led to the original variance denial by the Board and the Council to warrant a reconsideration of the case. The communication was noted and the Clerk was instructed to write to the "Kerrys" in explanation of the situation and indicating their request could not be granted. 74 19. From City Planning Board, signed by the Secretary, merely informing the Council a Hearing is to be set for the Board meeting of July 13, 1959, with regard to Council Resolution No. 5945, relative to certain requirements for lots less than standard size. The communication was referred to the file on the subject, for Council action at the proper time. 20. From City Manager, recommending contract be awarded to Alameda Times - Star, for publication of legal advertising during 1959 -60. Councilman Collischonn moved the contract be awarded as recommended. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 21. From City Manager, recommending • contract be awarded to MEG Engineers, sole bid- der, for the project of Installing House Laterals during 1959 -60 at . the prices quoted. Councilman Collischonn moved the contract be awarded to said bidder for the specified project during 1959 -60 as recommended. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22 From City Manager, recommending contract be awarded to Gallagher & Burk, Inc., low bidder, for the project of Resurfacing and Repair of Asphalt and Bituminous Pave- ment during 1959 -60, at the total price of $34,775. Councilman Collischonn moved the contract be awarded to the designated firm for said project at the price quoted and the bid bonds or checks be returned to the unsuccess- ful bidders. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23. From City Manager, recommending contract be awarded to Lino J. Lorenzetti, low bidder, for the project of Repairing Sidewalk, Driveway, Curb and Gutter during 1959 -60, at the total price of $6,180. Councilman Collischonn moved the contract be awarded to the designated firm for said project at the price quoted, and the bid bond or check be returned to the unsuccess- ful bidder. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 24. From City Manager, recommending contract be awarded to Powell Bros., Inc., low bidder, for furnishing Portland Cement Concrete Transit Mix during 1959 -60, at the prices quoted. Councilman Collischonn moved the contract be awarded to this Company for furnishing the specified material as recommended, and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 2. From City Manager, recommending contract be awarded to Gallagher & Burk, Inc., only bidder, for furnishing Paving Mixtures during 1959 -60, at the total price of $9,075. Councilman Collischonn moved the contract be awarded to said firm for furnishing this material, as recommended. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. A 26. From City Manager, recommending contract be awarded to Alameda- Contra Costa County Trucking Company, low bidder, for furnishing Quarry Waste and Earth Fill at the City Dump during 1959 -60, at the total price of $23,300. Councilman Collischonn moved the contract be awarded to the designated Company for furnishing said material, as recommended, and the bid check or bond be returned to the unsuccessful bidder. The motion was seconded by Councilman Schacht and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. J 27. From City Manager, recommending contracts be awarded to Union Oil Company of California and Tidewater Oil Company for furnishing Non- Premium and Premium Gasoline, respectively, at the low -bid prices quoted. Councilman Collischonn moved the contracts be awarded to the respective low bidders for furnishing gasoline during 1959 -60, and the bid checks or bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Schacht and carried on roll call vote as follows. Ayes: Five. Noes: None. Absent: None. J 28. From City Manager, recommending contract be awarded to Laher Spring & Tire Corp., low bidder, for furnishing Automobile and Truck Tires and Tubes, at the prices quoted. Councilman Collischonn moved the contract be awarded to the designated Company for supplying these items during 1959 -60, as recommended, and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Schacht and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. J 29. From City Manager, recommending contract be awarded to Pacific Paint & Varnish Company, low bidder, for furnishing Traffic Paint and Thinner during 1959 -60, at the prices quoted. Councilman Collischonn moved the contract be awarded to said Company for furnishing the specified item, as recommended, and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 30. From City Manager, recommending contract be awarded to Crosetti Bros., Inc., low bidder, for the project of performing Limited Janitorial Service in the City Hall, at the total price of 42,069.29, for 1959 -60. Councilman Collischonn moved the contract be awarded to this firm for the specified project, as recommended, and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Schacht and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. 31. From City Manager, with regard to certain administrative agreements between repre- sentatives of the City and Utah Construction Company (and /or South Shore Land Co., Reclamation District 2087 and all subsidiaries thereof) in connection with the control of sand and dust and the City's acceptance of the system of streets in the South Shore Fill Area. It was recommended the Council concur in and give formal approval to the conditions relative thereto, as itemized in his letter dated June 12, 1959. Mr. Weller reviewed the situation, elaborating on all ramifications of the points set forth and considerable discussion was had on the subject. Councilman Collischonn moved the City agree to accept the streets in the South Shore Area, with the proviso that the "Company" will remove all sand blowing from its land onto the streets and said acceptance applies only to the rights -of -way, although the Company still has the duty to put in the planting strips and trees, and, further, that the Council concurs with the seven points itemized in the City Manager's letter of June 12, 1959. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 32. From the Mayor, submitting letters in nomination of the following persons to serve as members of the several Boards of the City for certain terms: Mr. William C. Brock, reappointment to the Civil Service Board for the term expiring June 30, 1964; Mrs. Lee H. Cavanaugh, reappointment to the Board of Education for the term expiring June 30, 1964; Mr. Frank D. Kelly, reappointment to the Library Board for the term expiring June 30, 1964; Mr. Milton Soma, appointment to the City Planning Board for the term expiring June 30, 1960 - the unexpired term of Mr. John Bridge, resigned; Mr. Eric H. Essex, reappointment to the City Planning Board for the term expiring June 30, 1962; Mr. Frank McClintock, reappointment to the Public Utilities Board for the term expiring June 30, 1963; Mesdames D. D. Stafford and Phyllis McCoskey, reappointment to the Social Service Board for the terms expiring June 30, 1962. All of the foregoing nominations were referred to "Resolutions ". 33. From the Library Board, signed by Mr. Walter Sharafanowich, Secretary, requesting that salary schedules of the Library personnel be included in any general salary schedules for City employees. From the Civil Service Board, signed by Mr. Forrest V. Routt, Jr., Executive Secretary, informing the Council the Board has reviewed the request of the Library Board and has acted to accept this responsibility and has incorporated the salaries of the Library personnel in the salary resolution for 1959 -1960. The information was noted and the matter was then referred to "Resolutions ". INTRODUCTION OF ORDINANCES: J 34. Councilman Schacht introduced the following ordinance: "Ordinance No. New Series An Ordinance Amending Section 18 -511 of the Alameda Municipal Code, Relating to Minors Being Upon the Streets at Night (Removing the 16 Years of Age Limitation) (Great Emergency and Necessity)." The declaration of facts leading to the urgency of this ordinance is as follows: Inci- dents have recently occurred within the City which make it urgent that the activities of minor children above the age of sixteen be controlled upon the streets of the City of Alameda between 10 :00 p.m. and 44:00 a.m.; the present ordinance controls only the 76 activities of those minors under sixteen years of age; the amendment being here enacted will include all minors. The incidents referred to above are assaults, unneces- sary loitering, formation of undesirable gangs of minors over the age of sixteen. A lengthy discussion ensued as to the advisability of proceeding with the adoption of this ordinance prior to the organization of the proposed Citizens Committee on Youth Activities - there were strong differences of opinion expressed in this respect. Mr. John Hoobyar of the Alameda School Department asked that the time of "9:00 p.m. to 4:00 a.m. ", as set forth, be changed to "10:00 p.m. to 4:00 a.m." so the City ordi- nance would be uniform with that of the County of Alameda and the nearby cities. Upon advice of Mr. Annibale, it was determined this change could be made and the ordinance introduced accordingly. The ordinance was thereupon referred to "Ordinances for Passage ", under the emergency provision. 35. 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 the Alameda Municipal Code by Amending Section 13 -1924, Section 13 -196, and Repeal- ing Ordinance No. 261 N. S., All Relating to the Business License Tax.Tt UNFINISHED BUSINESS 36! In response to Councilman Collischonn's inquiryebout the proposed closing of Oak Street, north of Blanding Avenue, Mr. Hanna explained that the matter has been held up pending completion of negotiations with Pacific Coast Engineering Company to take care of the storm drainage condition. 37✓ Councilman Petersen asked what progress has been made concerning the removal of the traffic hazard on the west side of Benton Street and Mr. Hanna replied that Encinal Terminals is now ready to proceed with construction of its parking lot and the situa- tion will soon be taken care of. RESOLUTIONS: 38. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5948 Setting the Effective Date of Order of the Council of the City of Alameda .Vacating a Portion of Everett Street, in the City of Alameda, as Set Forth in Resolution No. 5949 of the Council of the City of Alameda." 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. 39. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5949 Ordering the Vacation of a Portion of Everett Street in the City of Alameda (Northern End -- Everett Street) ." 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. 40. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 595o Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expenses." ($25.) 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. 41 . The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5951 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 Permitting Used Car Lots in a 1C-21 District, and Removing Restrictions on the Number of Employees Thereof." 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. 42. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5952 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 the Permitting of Commercial Establishments in Manufacturing Districts." 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. v 43. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5953 Resolution of the Council of the City of Alameda in Appreciation and Commendation of Francis G. MacGinnis For His Service to the City of Alameda." 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. 44. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5954 Adopting Budget, Approving and Authorizing Execution of Memorandum of Agreement with the State of California for Expenditure of Engineering Allocation for City' Streets (Sec. 2107.5 of Streets and Highways Code)." 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. 45. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5955 Authorizing the Establishment of an 'Equipment Replacement Fund -- Account No. 526' -on the Books of the City of Alameda." 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. 46. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5956 Authorizing Year -End Transfers on the Books of Account of the City of Alameda." 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. 47. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5957 Appointing Member of the Civil Service Board." (Brock) 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. 48. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5958 Appointing Member of the Board of Education." (Cavanaugh) 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. 49. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5959 Appointing Member of the Library Board." (Kelly) 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. 50. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5960 Appointing Member of the City Planning Board." (Soma) 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. 51. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5961 Appointing Member of the City Planning Board." (Essex) 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. 52. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5962 Appointing Member of the Public Utilities Board." (McClintock) 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. 53. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5963 Appointing Member of the Retirement Board." (Solvig B. Erickson) 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. 54. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5964 Appointing Members of the Social Service Board." (Mesdames Stafford and McCoskey) 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. 55. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5965 A Resolution Designating the Number of and Providing for the Compensation of Certain Officers and Other Employees of the City of Alameda and Providing Rules and Regulations Relating Thereto." 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: "Ordinance No. 1304., New Series An Ordinance Amending Section 12 -331 of the Alameda Municipal Code, Relating to the Hours of Operation of Billiard and Pool Rooms." 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. 57. "Ordinance No. 1305, New Series An Ordinance Amending the Alameda Municipal Code by Repealing Section 2 -511 Thereof (Official Bonds Required." Councilman Schacht 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. 58� "Ordinance No. 1306, 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) 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. 59`. "Ordinance No. New Series An Ordinance Amending Section 18 -511 of the Alameda Municipal Code, Relating to Minors Being Upon the Streets at Night (Removing the 16 Years of Age Limitation) (Great Emergency and Necessity)." Councilman Schacht moved the ordinance be adopted as submitted. The motion was seconded by Councilman Freeman and was lost by the following roll call vote. Ayes: Councilmen Freeman and Schacht, (2). Noes: Councilmen Collischonn, Petersen and President McCall, (3). Absent: None. At this point, President McCall referred to the list of proposed members of the Citi- zens Committee on Youth Activities and requested that a letter be sent to each, asking that the first meeting of said committee be held June 2.4, 1959, in the Council Chamber, at 8:00 o'clock p.m. FILING: 60. Financial Statement - Bureau of Electricity, as of April 30, 1959 - Verified by Hackleman & Larzelere. 61. Memorandum of Agreement - Between City and State of California - re Engineering Allocation for City Streets. 62. Auditor's Financial Statement - City of Alameda, as of May 31, 1959 - Verified by Hackleman & Larzelere. BILLS: 63. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the amount of $20,362.76, 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 16, 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. ADJOURNMENT: 64. There being no further business to come before the meeting, the Council adjourned - to assemble in an adjourned regular meeting on Tuesday evening, June 30, 1959, at 7:30 o'clock. Respectfully submitted, (Gity=7-C le rk