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1959-10-27 Regular CC MinutesADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, OCTOBER 27, 1959 The meeting convened at 7:30 o'clock p.m. with Vice President Schacht presiding. A most inspiring Invocation was delivered by The Reverend Mr. Mervyn R. Megill, Pastor, Immanuel Baptist Church, and the Pledge of Allegiance was led by Councilman Petersen. ROLL CALL: The roll was called and Councilmen Freeman, Petersen and Vice President Schacht, (3), were noted present. Absent: Councilman Collischonn and President McCall, (2). MINUTES: 1. The minutes of the adjourned regular meeting held October as transcribed. WRITTEN COMMUNICATIONS: 1959, were approved 2Y From Alameda Realty, signed by Mr. Lowell H. Duggan, requesting an extension of time of one year - to October 28, 1960 - in which to complete improvements in Tract No. 1289, located on the south side of Otis Drive near Bay Farm Island Bridge. Upon request, Mr. Hanna explained this subdivision has been completed with the excep- tion of the installation of sidewalks and street lights. No homes have yet been built in this tract. Councilman Freeman questioned the continual delay in completing this subdivision, believing that, if these two particular items were installed, houses would be built more quickly, and thus allow additions to the tax rolls. She felt the time could be extended for only three months and then, if not completed by the developer, the bond- ing company could proceed to have these improvements made. It was developed there are seventeen lots involved. After some discussion, and there being no objections, the matter was laid over to the next regular meeting of the Coun- cil when it is expected the full membership will be present. It was so ordered. 3. From Aeolian Yacht Club, signed by Mr. T. H. Nason, Secretary, concerning its improvement program and the development of off - street parking facilities - and request- ing advice about its rights for vehicular access to its property. Upon the suggestion of Mr. Annibale, this matter was referred to him and the City Engi- neer, fors tudy and a report to the Council and the Aeolian Yacht Club. 4. From Mr. Irving F. Mozuch, 620 Santa Clara Avenue, in protest against the noise at night caused by the testing of engines at Alameda Naval Air Station. Mr. Weller stated there have been a number of such complaints during the past two years in connection with noise from both the Oakland Airport and the Naval Air Station - and each time, the stations have been contacted. He explained that some sound suppressors have recently been developed and after proper testing and installation, it is felt the sound level will be substantially reduced. It was agreed the Naval Air Station has tried to be very cooperative in this respect and also that, as a matter of procedure, copies of any such protests will be automati- cally forwarded to the proper officers of these Bases. The City Clerk was instructed to inform Mr. Mozuch concerning this situation. 5i From Mr. Armitte Kimbrough, 719 Grand Street, commending the Council for its action in establishing stop signs on Grand Street at Dayton Avenue and Otis Drive, which have been deterrents to speeding. The communication was noted with pleasure. ORAL COMMUNICATIONS: 6. Mr. Frank Gottstein, 731 Haight Avenue, referred to his suggestion concerning the installation of a "conveyor" in the second tube during its construction and also, to tile and install adequate lights in Posey Tube while the second tube carries both -way traffic temporarily. He stated he had received a copy of Mr. Weller's letter on this subject to the State Division of Highways and thanked the Council and the City Manager for following up on this matter. He urged that Alameda be alert to all phases of con - struction of the new tube in order to protect its interests. 71 Mr. Harold B. Petersen, Sr., 1237 St. Charles Street, again spoke of his proposal to remodel certain buildings on his property at 709 Santa Clara Avenue and the neces- sity for obtaining a variance to waive the required parking facilities. He referred to a meeting he had with several City officials to discuss the problem and determine upon a course of action. Following a very lengthy discussion, it was pointed out Mr. Petersen had been informed he would first have to file an application for said variance and appear before the Planning Board for its action concerning some provision for parking. Mr. Schoenfeld emphasized that Mr. Petersen had received a copy of the memorandum from the City Manager's office summarizing the results of the meeting in question (held October 16, 1959), as had others concerned, and the procedure is clearly set forth. He reiterated that Mr. Petersen must sign and return the proper form which has been prepared and then the matter can come up at the next regular meeting of the Planning Board. Mr. Annibale again stated that action of the Planning Board is a necessity in this case. HEARINGS: 8. The matter was called up concerning the appeal from the decision of the City Planning Board to grant a Use Permit to Ashley 0. and Linn E. Jones to conduct swim- ming lessons in their pool at 1040 Fair Oaks Avenue. Letters of appeal were filed by the following: Mr. and Mrs. Thomas Pedersen; Mrs. Dorothy J. Britton; Mr. and Mrs. Donald 0. Taylor; Mrs. Arthur Freeman; Mrs. C. A. Hanson; Mr. and Mrs. L. Parker, all of Fair Oaks Avenue; Mr. Leo L. Lynch, 1331 St. Charles Street; Victor V. and Edith S. Ritums; Albert W. and Evelyn I. Hopkins; Mrs. Elizabeth M. Hall; and Miss Marion Mitchell, 1039, 1037, 1033 and 1031 San Antonio Avenue, respectively. The Clerk stated there was on file a certified copy of the minutes of the Planning. Board meeting of September 28, 1959, at which this matter had been considered, copies of which had been sent to the Councilmen. Also, copies of all letters of appeal had been sent to the Councilmen. Further, as required by the Zoning Ordinance, Mr. and Mrs. Jones had been notified the appeal had been made. The Clerk also read a letter from Alice and Maud Swann, 1044 Fair Oaks Avenue, stating they had no objections to the granting of the Use Permit to allow Mr. Jones to give swimming lessons in his pool, providing it will neither depreciate the value of their property nor change the present "R -1" Zone. Vice President Schacht prefaced the Hearing by calling attention to the fact there were but three Councilmen present and if, at the conclusion of said Hearing, there should not be unanimous agreement to sustain or deny the ruling of the Planning Board, it had been agreed the Hearing would be continued to the next meeting at which time a full Council is expected. Councilman Freeman suggested it might be advisable to continue said Hearing without any testimony at all being given this evening. Mr. Annibale stated any action of the Council requires three votes and therefore, any decision on any question at this meet- ing would have to be unanimous. Councilman Petersen felt the Hearing should proceed since so many interested parties were present, and then the Council could hold a caucus to determine whether or not to take a vote or to continue the Hearing. Mr. Annibale suggested the Hearing could be opened, with the announcement that it would be continued to November 3, and any additional testimony could be presented at that time. Mr. Weller stated for the record his office had received a memorandum, dated Octo- ber 27, from the Alameda County Health Department, to which was attached a copy of a letter sent to Mr. Jones from Mr. Werner King, Chief of the Bureau of Sanitation, dated October 6, 1959, notifying Mr. Jones it will be necessary for him to obtain approval from the Health Department prior to using his private pool for the purpose of giving swimming instructions, in relation to the State laws governing public and semi- public swimming pool installation and operation. Mr. Weller said the memorandum from Dr. Jolly indicates there has been no reply received from Mr. Jones to this notice. The following appellants spoke: Miss Mitchell stressed the noise which would be created; Mr. Albert W. Hopkins protested against setting a precedent by allowing a commercial venture in a residential district; Mr. A. Semler pointed out a parking problem would be created; Mr. Lindley F. Bothwell, President of Alameda Home Owners Association, emphasized the "R -1" Residential Districts should be maintained strictly residential and protected against encroachment of any type of commercial venture. All stated they had no objections to the continuance of the Hearing. Mr. Ashley Jones asked if the Hearing is definitely to be continued and if so, he would reserve his right to speak fully at the next meeting. It was determined such would be the case and, therefore, Mr. Jones merely offered the following remarks in rebuttal to statements made by the appellants: A Use Permit for a Home Occupation may be granted in any district of the City and does not change the zone in any way; he had been teaching children to swim during the past three years in several of the private pools in this area and in conclusion, "if I am ever granted a Use Permit to teach swimming in a pool in my backyard, there will be children there and I don't care what race, creed or color they happen to be." Mr. William Godfrey, 1127 Sherman Street, inquired if Mr. Bothwell was speaking for, the Home Owners Association, to which Mr. Bothwell replied he was speaking for the majority thereof. Mrs. Alice Ainslow, 2840 Johnson Avenue, read a prepared statement concerning Mr. Jones' proficiency as a swim instructor and his organized operation. She urged approval of his Use Permit for this purpose. Vice President Schacht thereupon declared the Hearing will be continued to the next meeting,to be held November 3, 1959. 9. The matter was submitted with regard to the appeal from the decision of the City Planning Board to grant a Use Permit to Bohol Circle, Inc., a social club, to hold its meetings at 1815 Union Street. The Clerk stated there was on file a petition of protest and appeal signed by Ruckman and Naomi Ward; Clairmae and Francis Burpee; Aubrey Crider; Mr. and Mrs. Leslie R. Craig and Jack L. Hovey - all of Union Street. Also, a letter signed by Mr. Ruckman Ward only. Copies of these letters had been sent to the Councilmen. Further, the Clerk read a letter received just this date from Mr. Donald C. Meyer, owner of prop- erty at 1808 Eagle Avenue, in protest against the noise and parking problems created by the Club. The Clerk stated there was on file the certified copy of the minutes of the Planning Board meeting of October 13, 1959, at which this subject was given consideration and copies thereof had been sent to the Councilmen. Also, the Bohol Circle had been notified by letter dated October 22 that the appeal had been filed. Vice President Schacht stated this Hearing, too, will be continued and it would be well to keep the presentation brief at this time. Mr. Ruckman Ward said he would merely reserve his right to speak at the continued Hearing on November 3. He was assured of such opportunity. Mr. Francisco P. Manigo, 433 Hale Avenue, Oakland, of Bohol Circle, stated the princi- pal objection seemed to be to the parking in the area and he said this problem has been corrected through certain arrangements for such facilities. With regard to the Club depreciating the property values in the neighborhood, he questioned if Mr. Ward distinguishes the difference between a landscape gardener's business and a social club - where, with the former, there were boxes, crates and fertilizer kept on the premises. Since the Club has acquired the property, all such "junk" has been cleaned out, and he assured everyone the property is now more suitable than it was. Vice President Schacht thereupon declared the Hearing continued to the regular meet- ing of November 3, 1959. REPORTS OF OFFICERS, BOARDS, ETCETERA: 10. From City Planning Board, signed by Mr. A. Raymond Schoenfeld, Secretary, recom- mending approval of the Record of Survey Map for Parcel D, portion of Lot 5, Block 2, South Shore Unit No. 1, Tract No. 1866, subject to the specific stipulations of the City Engineer in his report. Councilman Freeman moved the Board's recommendation be followed and said. Record of Survey Map be approved on condition the City Engineer's requirements be met. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Councilmen Freeman, Petersen and Vice President Schacht, (3). Noes: None. Absent: Councilman Collischonn and President McCall, (2). 11. From Alameda Recreation Commission, signed by Mr. Chester R. Bartalini, Chairman, transmitting copy of a letter from the Alameda Boat and Ski Club, signed by Mr. J. Paul Gutleben, Commodore, proposing the new boat ramp be named "William McCall Small Boat Launching Ramp" in recognition of Mayor McCall's efforts in procuring this facility. Some discussion ensued, after which Councilman Petersen moved this matter be referred to the Recreation Commission, with authority to recommend a suitable name for the facility in question. The motion was seconded by Councilman Freeman and unanimously carried. 12. From City Manager, recommending contract be awarded to Morris Landy Motors, sole bidder, for furnishing eight Sedans for the Police Department and one Sedan for the Planning Department, at the costs of $18,516.80 and $2,060.64, respectively. It was proposed the color be "Fawn Tan". Councilman Freeman moved the Manager's recommendation be adopted; that contract be awarded to said firm for furnishing the specified automobiles to the respective departments. The Vice President expressed his dislike of the proposed color change from the usual police car "black and white ". Councilman Petersen questioned at great length the fact that twelve notices to bidders had been sent out and only one bid had been received. He suggested the matter be laid over to the next meeting in order that he might ascertain why more firms did not submit bids. After further discussion, Vice President Schacht seconded the motion, excepting a decision with regard to the color, which was agreeable to Councilman Freeman. Following prolonged discourse, Councilman Petersen contended the City could do better and he suggested the Council definitely reject this bid, attempt to purchase on the open market or advertise again for more bids, whichever seems most feasible. He felt the matter of purchasing these cars in another way should be pursued. More discussion ensued and Mr. Welter emphasized this bid procedure is prescribed by the City Charter. He pointed out there are substantial advantages in the vast major- ity of cases in the bid procedure. If bids are taken, and the dealers or merchants are put in the position of compiling bids and exposing their figures publicly - and the Council rejects them, in an effort to get an undercut price, then the City will just not get any more bids, which will obviously be to its disadvantage. At this point, Councilman Freeman, with the consent of her second, withdrew her motion and suggested the matter be laid over to the next meeting. There being no objections, it was so ordered. 13� From City Manager, informing the Council its meeting with the Planning Board will be set for Tuesday, November 24, 1959, if satisfactory to all Councilmen. This was acceptable and it was ordered that the date be confirmed. 14J From City Manager, recommending contract be awarded to J. R. Armstrong Con- struction Co., low bidder, for the project of Installing Storm Sewer System in the vicinity of Lincoln Avenue at Chapin Street and at Grand Street, at the total cost of t88,149.60. Councilman Petersen moved the recommendation be approved; that contract be awarded to the designated company for the specified project at the price quoted and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Council- men Freeman, Petersen and Vice President Schacht, (3). Noes: None. Absent: Councilman Collischonn and President McCall, (2). 15. From City Manager, recommending contract be awarded to H. V. Carter Co., Inc., low bidder, for furnishing one dual -tired Tractor for the Golf Course., at a cost of 82,464.80. Councilman Petersen moved the recommendation be adopted; that contract be awarded to said firm for furnishing the designated equipment at the price quoted and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Three. Noes: None. Absent: Two. 16. From City Manager, recommending the rejection of the bid submitted for furnish- ing one "Jeep" Pickup Truck for the Golf Course, for the reasons set forth in his letter of October 26. Councilman Freemanrroved the recommendation be approved and the bid on this truck be rejected. The motion was seconded by Councilman Petersen and unanimously carried. INTRODUCTION OF ORDINANCES: 17. 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 Authorizing the Transfer of Certain City -Owned Real Property to the Alameda Unified School District (Excess Property -- Tilden Way)." 18. 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 Authorizing the Acquisition of Certain Real Property for Street, Highway and General Muni- cipal Purposes (Tilden Way -- Fleming)." BUSINESS: 19. Councilman Freeman spoke of the unsightly appearance of the County Health Depart- ment premises and felt proper maintenance should be given this establishment. Mr. Weller said Supervisor Sweeney is now Chairman of the Public Buildings Committee but he is away on vacation and he, therefore, offered to call Mr. Strathman, County Administrator, about this condition. RESOLUTIONS: 20. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 6006 Adopting Specifications, Special Provisions and Plans for Installation of a Storm Drainage System on Walnut Street from Lincoln Avenue to the Estuary, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. 21. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6007 Adopting Specifications for Furnishing to the City of Alameda Athletic Supplies and Equipment for the Recreation Department, 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: Three. Noes: None. Absent: Two. 22. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6008 Cancelling City Taxes on Property Acquired by the City of Alameda for Municipal Purposes (Tilden Way)." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. Vice President Schacht thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 23. "Ordinance No. 1323, New Series An Ordinance Authorizing the Acquisition of Certain Real Property for Street, Highway and General Muni- cipal Purposes (Tilden Way -- Rosenberg and Rausher)." Councilman Freeman moved the ordinance be adopted as submitted. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Councilmen Freeman, Petersen and Vice President Schacht, (3). Noes: None. Absent: Councilman Collischonn and President McCall, (2). 2h. "Ordinance No. 132h, New Series An Ordinance Amending the Alameda Municipal Code Relating to the Installation and Removal of 'Stop' and 'Yield Right-of-Way' Signs on the Streets of the City of Alameda." Councilman Freeman moved the ordinance be adopted as submitted. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Councilmen Freeman, Petersen and Vice President Schacht, (3). Noes: None. Absent: Councilman Collischonn and President McCall, (2). FILING: 25. Specifications No. MS 10-59-1h - Furnishing Athletic Supplies and Equipment for Recreation Department. 26. Financial Statement - Bureau of Electricity, as of August 31, 1959 - Verified by Hackleman & Larzelere. 27. Auditor's Financial Statement - City of Alameda, as of September 30, 1959 - Verified by Hackleman & Larzelere. 28. Specifications No. PW 10-59-17 - Installation of Storm Drainage System on Walnut Street from Lincoln Avenue to the Estuary. BILLS: 29. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $62,405.19, was presented to the Council at this meeting. The list was accompanied by certification from the City Manager that the Claims shown wore correct. Councilman Petersen moved the bills as itemized in the List of Claims filed with the City Clerk on October 27, 1959, and presented to the Council at this meeting, be 1"2, allowed and paid. The motion was seconded by Councilman Freeman and carried by the following roll call vote. Ayes: Three. Noes: None. Absent: Two. ADJOURNMENT: 30. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, November 3, 1959, at 7:30 otclock. Respectfully submitted, 1