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1959-07-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, JULY 21, 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. Charles M. Lemmex, Pastor of the Westside Baptist Church, delivered an inspiring Invocation. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen and President McCall, (4), were noted present. Absent: Councilman Schacht, (1). MINUTES: 1. The minutes of the regular meeting of June 16, the adjourned regular meeting of June 30, and the regular meeting of July 7, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mrs. Raymond Rodriguez, 1509 Union Street, requesting permission to erect a two- and - one -half -foot extension on the rear six -foot fence to make a windbreak border- ing her patio. Councilman Collischonn moved permission be granted for the additional fence height, as requested. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 31. From San Francisco Bay Area Rapid Transit District, signed by Mr. John M. Peirce, General Manager, requesting the engineering and planning officials to attend a con- ference on Friday, August 7, 1959, at 2:00 o'clock p.m. at the County Court House - to form a county -wide technical coordinating committee to confer with the District's engineers. The matter was referred to the City Manager, in line with his suggestion that the City Engineer and the Planning Director attend said conference. L'. From Messrs. Martin W. Stohr and Gordon W. Ebert, concerning Council Resolution No. 5922 in the matter of construction of work and improvement in Assessment Dis- trict No. 1959 -1, Washington Street. It was stated the twenty -one property owners involved in the proposed "District" have unanimously agreed to proceed with the work, but avoiding the formation of an assessment district. The Clerk called attention to the fact that, at the Council meeting of June 2, 1959, the Hearing on this matter had been continued to August 4, 1959, at the request of the property owners. Mr. Annibale suggested the letter be held over to that meeting and be viewed as a majority protest which, in fact, it is. The Council can then abandon the proceedings at that time. It was developed that the property owners can proceed, during the interim, with their financial arrangements. The communication was, therefore, referred to the file on the subject, to be presented at the time of the continued Hearing on August L., 1959. ORAL COMMUNICATIONS: 5. Mr. Peter H. Zars, 1320 St. Charles Street, stated he was speaking in the matter of upholding and improving values. He referred to the proposed freeway off the South Shore, having Home Occupations in the front and rear yards of the best resi- dential areas and having Used Car Lots in the central business districts. He felt the Council would do well to try to improve values rather than knocking them down. HEARINGS: 6. The matter was called up concerning the amendments to the Alameda Municipal Code (Zoning Section) to permit Used Car Lots in a "C -2 ", Central Business District, to remove restrictions on the number of employees thereof, and to extend the period for non - conforming uses for one year - to August 1, 1960. The Clerk stated the Affidavit of Publication is on file, giving notice of the Hear- ing. The City Planning Board has recommended the adoption of the specified amendments. In connection with this matter, a letter was presented from the Alameda Chamber of Commerce, signed by Mr. Gus Levy, President, in support of the Board's recommendation and expressing approval of the non-conformity period being extended to August 1, 1960. Mr. John N. James, Attorney, and Mr. John F. Hanson, Jr., Attorney, spoke in favor of the proposed amendments. There being no opponents to the question, the Hearing was declared closed. The matter was then referred to "Ordinances for Passage ", under emergency provisions. REPORTS OF OFFICERS, BOARDS, ETCETERA: 7. From City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending the abandonment of Raleigh Place, from Franciscan Way to Whitehall Place, as proposed. The matter was referred to "Resolutions". 8. From City Planning Board, signed by the Secretary, concerning Council Resolution No. 5945, relative to front, side and rear yard requirements on lots of record of less than standard size - and informing the Council the Hearing on this matter had been continued to the Board meeting of July 27, 1959. Upon advice of Mr. Annibale, Councilman Collischonn moved the Hearing be continued as indicated by the Board. The motion was seconded by Councilman Freeman and unanimously carried. 9. From City Planning Board, signed by the Secretary, with regard to the protest of Mrs. James Cable against the variances granted for the property at 3270 Washington Street - and submitting its conclusion that the Board's action had been proper and in good faith. The principal issue of objection is a brick wall which extends into the front yard area. It was developed that this wall is part of the building - the architectural design thereof. Mr. Annibale pointed out the time for an appeal to the City Council in this matter has long since passed. He explained that, unless there has been a violation of the Building Code and the Zoning Ordinance, the Cables would have no recourse. He said he had conferred with the Building Inspector's Division and the Planning Department and there has been no such violation. A lengthy discussion was had concerning the case and the City Manager was ultimately requested to have the Building and Planning Departments submit reports on the situa- tion for the Council's information about what was specifically granted and what has been done. j 10. From City Planning Board, signed by the Secretary, concerning Council Resolution No. 5952, relative to permitting commercial establishments in manufacturing districts. It was stated that, at the conclusion of its continued Hearing on this question, it was determined the long-range interests of the community would best be served at this time by unanimously recommending the tabling of said resolution. Councilman Freeman stated she was opposed to tabling the resolution. She said she had thought the Board would submit some specific recommendation toward allowing some type of "eateries" to serve those working in the industrial areas. She felt there is a need for this service, particularly along the waterfront where so much development could go on. Mr. Annibale stated the lack of action, or the f ailure to act now, would have no effect upon existing commercial developments in manufacturing districts. He explained that the Board intends to investigate this question under the general review of the Zoning Ordinance. Mr. John N. James, Attorney, stated he was concerned in that the existing non-conforming establishments - for example, the Brass Rail - cannot do any remodeling or make any alterations in their premises under the current provisions of the Zoning Ordinance. Mr. Annibale stated it is true that, insofar as remodeling or changing any building is concerned, there is a restriction. Councilman Freeman asked what the procedure should be - the Board has recommended tabling the initiative resolution and yet she felt the Council should not prohibit restaurants in the industrial zones. Mr. Annibale stated the matter can be continued to the next meeting to give the Board additional opportunity to study the implications involved - and refer it back to the Board on that basis. Mr. John F. Hanson, Jr., Attorney, stated he had discussed this matter with Mr. John Huston, who owns several pieces of property in the community, and he was quite sur- prised to learn his property is zoned "Light Industrial", with no commercial activity. It had been his impression that a less intensive use could always be made and he had indicated he wants to support the proposed amendments to the ordinance to permit his land to be used for commercial purposes if he so desires. Councilman Freeman asked if it is not desirable, in a Light Industrial District, to upgrade rather than downgrade it and Councilman Collischonn replied that, ordinarily, this would not be the case. He felt it should be held for straight industrial use. He said he believes that with the limited amount of industrial land in the City the Council shouldrnt let the bars down completely. He would very much dislike to see choice industrial land used for a drive-in restaurant or some other type of restaurant, rather than for the industrial purpose for which the land has been zoned. Councilman Petersen suggested the best procedure would be to refer this matter back to the Planning Board, setting out the general areas of concern that the Council feels should be considered at this time, such as new developments and remodeling, and request- ing the Board to study these matters in the light of an amendment which would cover these particular phases. 92 Councilman Collischonn said he would like to have this matter considered in the overall revision of the Zoning Ordinance - he pointed out he is opposed to piecemeal action unless, of course, there is an extreme emergency such as in the case of the "Used Car Lots''. He said he thought that when the second Tube is completed there will be an industrial revival in Alameda and he would hate to see a restaurant employing twenty people take the place of an industry that might employ one hundred people, thereby creating a payroll and also a higher assessed valuation. Councilman Collischonn said he wanted to guard against too much valuable land - or a split -up parcel out of a larger parcel - being used for commercial purposes only and thus destroying the top use for a given area of industrial property. Councilman Freeman felt the eating places are necessary and should not be eliminated - it would be difficult for the large industries if they did not have this service available. She suggested that possibly at this time consideration should be given only to the eating places which would then eliminate the objectionable types of com- mercial use the Board referred to. Mr. James stated the problem is much more complex than just the eating establishments - there are a great many small parcels which could not be consolidated into an area adequate for industrial use. He pointed out there are a number of commercial activ- ities which really belong in the industrial zone, such as the firm of Proper- Tighe, a retail establishment, which sells marine supplies and needs to be near the boat yards on the Estuary. He said there are also certain activities on Park Street which are commercial as well as activities which are classified in different areas of industry. He agreed the matter does require substantial s tudy. Mr. James stated he had attended the Board meeting at which this matter was up for Hearing and he felt the Board hoped for further reports from other agencies to assist in connection with this. He believes the matter is a serious one and should not be permitted to be tabled indefinitely as it encompasses more than just eating establishments. It was determined the matter would be referred back to the Planning Board for con- tinued study of the problem at this time - and to keep Council Resolution No. 5952 active until it has completed its study. It was also suggested the Board receive an excerpt of the Council minutes of this meeting covering the discussion of the subject. It was so ordered. 11. From City Manager, recommending contract be awarded to O. C. Jones and Sons, low bidder, for the project of Improving Grand Street, between Clement Avenue and the Estuary, at the total cost of $22,344.78. Councilman Freeman moved the recommendation be adopted; that the contract be awarded to the designated firm for the specified project and the bid bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Collischonn and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. NEW BUSINESS: J 12. Councilman Freeman stated she would be out of the State for more than thirty days on her vacation, beginning immediately after this meeting, and requested the Council's approval of her absence. Councilman Collischonn moved Councilman Freeman be granted permission to be absent accordingly. The motion was seconded by Councilman Petersen and unanimously carried. 13. At this point, the Clerk read a letter from Dickey and Dickey, Attorneys for Alameda City Garbage Association, requesting that the Modification of Contract between the City and the Association be extended for an additional period of six months - to January 29, 1960. The current expiration date is July 29, 1959. In connection with this matter, Councilman Petersen inquired if the Council could get some figures for a comparison of the rates being charged at other City Dumps in the area. He felt the present local situation is such that individual station wagons are dumping more material, at no charge, than the pickup trucks for which there is a charge. He remarked that anyone in the City can have refuse picked up from his premises by the Association at a very nominal cost. President McCall concurred that the suggestion was timely and felt that possibly the City Manager and the City Attorney could meet with representatives of the Association to discuss the several aspects of the Agreement - also, the rate schedule could be reviewed and a recommendation made by the City Manager. Councilman Freeman moved the "Modification" be extended to January 29, 1960, as requested. The motion was seconded by Councilman Petersen and carried by the follo ing vote. Ayes: Four. Noes: None. Absent: One. It was pointed out by Mr. Annibale that contract negotiations could be entered into after that date, but the rate schedules could be amended during the interim, if desired. V 14. Councilman Collischonn expressed the opinion that the City is not going to make any progress in the immediate future through negotiations with the County of Alameda, the City of Oakland or the Federal Government in procuring a new Fruitvale Avenue Bridge. With the installation and opening of Tilden Way, he said it appeared to him the heavy traffic condition might be alleviated during the early- morning and late- afternoon hours if the City could utilize the old roadbed of the bridge, formerly the railroad right -of -way, by establishing one -way traffic in each direction - two lanes and one lane, respectively. He felt the cost of repaving this roadbed should be nominal and he said he would be interested to hear from the City Engineer with regard to the mechanical possibilities of converting this area for vehicular traffic. Tilden Way would thus be a much more usable and desirable throughway. Mr. Hanna stated he was sure, from an engineering standpoint, this could be done. He said the question has not been explored, but he felt quite certain the City could nego- tiate with the City of Oakland and have it make any changes on its side and, perhaps, get the Federal Government to change the bridge. Councilman Freeman said she thinks it is a good idea - but she also feels that the moment this roadbed is made usable for traffic which would then alleviate a part of the problem - the City will be further away from getting a new bridge than ever. Con- siderable discussion ensued on this phase of the situation. President McCall referred to his request of some time ago that the bridges be kept closed to marine traffic between the hours of 7 :00 and 9:00 o'clock a.m. and from 4:00 to 6:00 p.m. during the peak hours of vehicular traffic in and out of the City. He believes this matter should be checked into right away. He pointed out the Bay Farm Island Bridge is unattended after 6 :00 o'clock p.m. so no boat traffic is possible in San Leandro Channel from that time to 6 :00 o'clock a.m. He stated that, if there were no objections, he would refer this matter to the City Manager to ascertain what steps could be taken to have this procedure established. Following further discourse, it was developed the U. S. Corps of Engineers would have to be contacted first as the bridge is under its jurisdiction. President McCall felt this entire situation should be given great publicity - the deplorable condition of Fruitvale Bridge - and all the legislators should be notified. He emphasized that Ala- meda is a Federally- impacted community with all of the Federal installations - thirty - three per cent of the land being off the tax rolls due to such installations. He strongly felt, from a "Federal- City" relationship, one of the first things in public relations the Federal Government could do would be to negotiate with the City for either a new bridge or a redesign of the old one. He believes this is the opportune time and the City should take advantage of it. With regard to Councilman Collischonn's suggestion for Tilden Way, the City Manager was requested to have the matter investigated and submit a report covering cost esti- mates, engineering designs and results of conferences held with the Corps of Engineers and the City of Oakland. It was also suggested the repaving of the existing roadbed of the bridge be included, as it is in very bad condition. f 15. At this point, the President called upon Mr. C. Richard Bartalini, Vice Chairman of the Youth Activities Committee, who addressed the Council with reference to a report from said Committee, dated July 21, 1959, copies of which had been given to the Councilmen. He stated the recommendations set forth aim toward the objectives of the Committee and the purpose of submitting the report at this time is to obtain Council approval and authorization to carry out the points as outlined therein. It was agreed this Committee has broad powers to study, observe and recommend any con- structive ideas which would help in the general juvenile problem of the City and for the benefit of all youth. Mr. Bartalini and the members of the Committee were praised for their excellent and prompt progress. RESOLUTIONS: 16. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5972 Resolution of Intention to Order the Vacation of Raleigh Place in the City of Alameda (Between Franciscan Way and Whitehall Place -- South Shore)." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 17. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5973 Adopting Specifications, Special Provisions and Plans for Furnishing and Installing Floats in Conjunction with the Existing Boat Ramp -- North End of Grand Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 18. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5974 Authorizing the Acquisition of Certain Real Property for Public Street and Highway Purposes -- Tilden Way (2701 -2703 Fernside Boulevard)." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 19. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5975 Authorizing the Execution of and Approving an Agreement Between the State of California and the City of Alameda, Relating to Construction of Drainage Facilities on State Highway Route 226 (Otis Drive, at Mound Street and at Pearl Street)." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote., Ayes: Four. Noes: None. Absent: One. 20. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5976 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model, Fire Engine, and Equipment, 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: Four. Noses: None. Absent: One. 21. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5977 Amending Salary Resolution No. 5965 by Creating the Position of Administrative Assistant in the City Manager's Office and Establishing the Salary Therefor." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. The President declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 22. "Ordinance No. 1309, New Series An Ordinance Amending Chapter 1 of Title XI of the Alameda Municipal Code, Relating to Permitting Used Car Lots in a "C -2" District, Removing Restrictions on the Number of Employees Thereof, and Continuing Non - Conforming Open Land Use for a One -Year Period." This ordinance is being passed and enacted in the event of great emergency and neces- sity pursuant to Section 3 -12 of the Charter of the City of Alameda and as set forth in the ordinance. 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: Four. Noes: None. Absent: One. 23. "Ordinance No. 1310, New Series An Ordinance Amending Sections 11 -1222, 11- 132(a), 11- 136(a) and 11- 162(a) of the Alameda Municipal Code, All Relating to Home Occupations." Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Councilmen Collischonn, Freeman and President McCall, (3). Noes: Councilman Petersen, (1). Absent: Councilman Schacht, (1). 24. "Ordinance No. 1311, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N. S." (Shumaker) (West side of Willow Street) Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 25. "Ordinance No. 1312, New Series An Ordinance Authorizing the Acquisition of Certain Real Property for Street, Highway and General Municipal Purposes (Tilden Way -- McDonald)." 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: Four. Noes: None. Absent: One. FILING: 26. Agreement between City and State - Re Construction of Drainage Facilities on State Highway 226. 27. Auditor's Financial Statement - City of Alameda, as at June 30, 1959 - Verified by Hackieman & Larzelere. 28. Specifications No. PW 6 -59 -9 - Floats in Conjunction with Boat Ramp - North End of Grand Street. 29. Specifications No. MS 7 -59 -10 - Furnishing Fire Engine and Equipment. BILLS: 30. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $24,595.16, 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 Collischonn moved the bills as itemized in the List of Claims filed with the City Clerk on July 21, 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: Four. Noes: None. Absent: One. ADJOURNMENT: 31. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, August 4, 1959, at 7:30 o'clock. 32 At this point, Mrs. Norma Poggi, 1005 Pearl Street, asked permission to speak to the Council informally. She read a letter, dated May 16, 1957, which she had received at that time from the Mayor, expressing the Council's sympathy for the death of her husband, who had given his life to save two children from drowning. It was also stated that it had been proposed that his memory be honored by naming a street for him - which was under consideration by the Planning Board. Mrs. Poggi stated she was speaking on behalf of her two children and, not having heard anything further about the proposal, she wondered what was being done in this respect. Mrs. Poggi was informed the Planning Board is the Body which approves street names and the matter would be referred to it, with the request that the Council would like to have it give full consideration to naming a street in honor of Mr. Poggi. Respectfully submitted,