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1959-11-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, NOVEMBER 3, 1959 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by The Reverend. Mr. Franklin Scott, Pastor, Santa Clara Avenue Methodist Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Schacht and President McCall, (4), were noted present. Absent: Councilman Petersen, (1). WRITTEN COMMUNICATIONS: 1; From Mr. Michael Tilles, requesting a one-year extension of time to November 18, 1960 - in which to complete improvements in his Subdivision Tract No. 1992, located at the south end of Pearl Street. Upon request, Mr. Hanna explained the circumstances and recommended the full year be allowed in this case. Councilman Collischonn thereupon moved the extension of time to November 18, 1960, be granted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. V 2 From The Board of Trustees of Reclamation District No. 2087, signed by Mr. Charles T. Travers, President, requesting the Council set a time and fix a place to hold an election for a new Board and to appoint an election board. The matter was referred to "Resolutions". 3). Councilman Schacht read a letter from the Society for the Preservation and Encouragement of Barber Shop Quartette Singing in America, which had recently held its convention in Alameda. It was stated that Alameda's accommodations, planning and cooperation make it an ideal place for anyone to hold a convention, and was signed by Mr. George E. Doan, President of the Far Western Division. Councilman Schacht commended the Chamber of Commerce for its fine job in connection with this convention. President McCall urged that everyone who belongs to any organi- zation keep in mind that the City is looking forward to handling convention business in the future. ORAL COMMUNICATIONS: Mrs. Peter H. Zars, 1320 St. Charles Street, referred to her suggestion made last April concerning the planting of certain ground coverage on the South Shore to hold the sand in place - and requested that the Council act on Mr. Hanna's written recommendation in this respect. She felt immediate planting of mesembryanthemum throughout the whole area is necessary and that Utah Construction Company would be willing to share the cost - and if not, the City should bill the Company for the pres- ervation of City property. She pointed out the program would be advantageous to the developers and businesses on South Shore. She stated cuttings are available from the State, City forces could be used and no watering would be necessary, all of which would reduce the cost. Councilman Freeman concurred that something should be done to permanently settle the problem of blowing sand and dust. Upon inquiry, Mr. Hanna stated it would cost 20,000. to plant just the Washington Park Fill Area. Councilman Collischonn stated it is obvious that the Golden Bear process is not capable of retaining the sand during heavy wind storms. However, he felt not too much would be accomplished by the City alone planting its land, as that area is such a small pro- portion of the entire section. He questioned the advisability of the City spending any sum of money until "Utah" will go along with the program to do the job completely. He suggested a joint effort be made to accomplish satisfactory results by planting ground coverage. The matter was referred to the City Manager for discussion and further investigation with the City Engineer and to request Utah Construction Company to get together to take care of this problem. Mr. Weller explained Utah has been contacted and it was agreed the matter is a joint problem. He pointed out, however, Utah's position is quite different from the City's - neither the emulsion treatment nor plantings seem to be the "answer" for the Company's property. He remarked that the alternative method would be fencing at relatively close spacing. However, whatever undertaking is decided upon by each party should be started jointly and should be done at the same time. At present, cost figures are being compiled on the City's work and it is hoped that, within the next few days, a report can be made to the Council about what is specifically proposed to do. Mr. Weller stated the method in mind will adequately protect the beach and Washington Park Fill Area and he felt the prime rule is to take care of the City's property before the Council will be in a sound position to force Utah to undertake whatever is neces- sary on its property. He pointed out the Company is endeavoring to solve this problem also. It was developed that the area west of Grand Street might not be improved for several years and, therefore, planting of coverage in this section might be the solu- tion. Also, that the City does not have authority to require any particular method to be used - its concern, in a legal sense, is only with the holding of the sand and the control of the dust. Upon inquiry, Mr. Hanna explained that the City is experimenting with a process of covering the perimeter with piles of brush to ascertain its effectiveness in control- ling the blowing of sand and reducing the velocity of wind at the ground surface. This program was started just this morning. 5. Mr. Frank Gottstein, 731 Haight Avenue, again spoke of the situation prevailing on Webster Street where motorists traveling north inadvertently get into the "Left Turn Only lane and, therefore, are forced to turn onto Atlantic Avenue and go out of their way when they really want to proceed through Posey Tube to Oakland. He felt this "lane" should be abandoned because it also holds up the traffic traveling south from the Tube. Mr. Hanna stated this problem has been reviewed and it is believed there should be signs placed sufficiently in advance of this intersection to properly notify motor- ists approaching the area that there is a "Left Turn Only" lane. However, before erecting such signs, an encroachment permit has to be procured from the State Divi- sion of Highways. The City is now awaiting receipt of said permit and he felt the signs will be installed shortly. 6: Mr. G. N. Pope, 1820 Bay Street, spoke of the joint meeting of the Planning Board with a Chamber of Commerce Committee, scheduled for November 16 at the Chamber's office to discuss the recommended amendments to the Zoning Ordinance. He inquired if the public would be excluded from this meeting and he was assured by the City Attorney that such would n of be the case - anyone interested would be welcome. HEARINGS: 7 Continued from the meeting of October 27, 1959, was the matter of an 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 proponents were called upon and Mrs. Joseph Wood, 1734 Union Street, read a pre- pared statement on behalf of Bohol Circle, Inc. - pointing up that this organization is not a "social club ", but more on the order of a lodge, which meets only once or twice per month. Arrangements have been made for parking facilities and most of the neighbors have no objections. She expressed the hope the Council would act in favor of the Circle. Mr. Frank Verano, President of the Circle, gave a brief history of his organization and pleaded for the Council to uphold the ruling of the Planning Board. Mr. Ruckman Ward, 1828 Union Street, appeared as spokesman for the appellants and especially the property owners on Union Street between Buena Vista and Eagle Avenues. He passed two sets of snapshots to the Councilmen for their information about the appearance of the premises in question. He said the property owners cannot under- stand the decision of the Planning Board in view of the fact they had shown such overwhelming opposition to such a non- conforming use in an "R -2" District. Mr. Ward referred to the following sections of Ordinance No. 1277, New Series: Article 3, Sec. 11 -1333; 11- 1334(c)(6); Sec. 11 -1335; 11 -1336; 11 -1337 - which he felt led one to believe that a club has no business in an "R -2" District. He stated that to allow this organization in this location would be to set a precedent for such requests in other residential areas. Mr. Ward also pointed up the high fences around the lot and the low assessed valuation of the property and building, with the resultant low tax revenue. He also quoted Article 5, Sec. 11 -152 and Sec. 11 -153 of the Zoning Ordinance which provisions, he claimed, should have stopped the request right there. He said he felt sure some builder or private citizen would buy this property, with no loss to the club, and put it to a greater usage than is contemplated now, which would return to the City more tax revenue. He concluded by earnestly requesting the Council to reverse the ruling of the Planning Board and deny the Use Permit. President McCall declared the Hearing closed and inquired if there were any questions by members of the Council. Mr. Annibale suggested that, before the Council votes on the matter, he be given an opportunity to make a study of the legal points raised by Mr. Ward. Councilman Freeman asked that the City Attorney also determine the difference between this social club and that of Mrs. May Dowler, which case came before the Council a few months ago. The zone now involved is "R -2" and the "Dowler" club was to have been in an "R -4" District. At this time, it was developed by Mr. Verano that the Circle's application c alls only for temporary quarters because the members know this property is in a residential dis- trict - and the Planning Board granted the Use Permit for only one year. It was also brought out that a Use Permit is subject to revocation should the activity or enter- prise covered become a nuisance. President McCall thereupon stated that, if there were no objections, and upon request of the City Attorney, the matter would be laid over to the next regular meeting of the Council. It was so ordered. 8. Continued from the meeting of October 27 was the matter of an appeal from the decision of the City Planning Board to grant a Use Permit to Ashley O. and Linn E. Jones to conduct swimming lessons in their pool to be constructed at 1040 Fair Oaks Avenue. The Clerk stated a number of letters and a petition had been received in connection with this matter since the Hearing had been opened at the last meeting - copies of some had been made and sent out to the Councilmen and others had been received just this date, so they would have to be read in full at this time. Letters had been received from the following proponents: Phyllis F. McEachern, 507-D Santa Clara Avenue; Raymond L. Edwards, 1121 Sherman Street; W. S. Godfrey, 1127 Sherman Street; Lawrence A. Keenan, 1105 Sherman Street; Nancy Russum, 1234 Hawthorne Street; William D. and. Helen A. Ford, 1318 Caroline Street; Mary Hewitt, 1366 Hansen Avenue; Marjorie M. Grimshaw, 1193 Sherman Street; Madelyn Shepard, 3114 Fernside Boulevard; Mrs. Sherwood Klingel, 24211 Roosevelt Drive; Mrs. C. Adair Roberts, 2851 Johnson Avenue; Mrs. Roy Middlecamp, 766i Buena Vista Avenue; Mr. and. Mrs. Robert Greeley, 3012 Santa Clara Avenue; Kay Nankin, 2975 Northwood Drive; Mrs. Alma Brandt, 1401 Central Avenue; George R. and Patricia E. Slavich, 725 Taylor Avenue; Mrs. B. A. Vallerga, 1253 Hawthorne Street; Mary F. Kanze, 2626 Calhoun Street; William F. and Margaret V. Gorman, 3309 Fernside Boulevard; Alice and Maud Swann, 1044 Fair Oaks Avenue; Avis J. Luer, 1520 Morton Street; Mr. and Mrs. C. Emory Wehn, 3341 Fernside Boulevard; Mrs. Lee Sinclair, 2914 Marina Drive; Mrs. R. J. Cox, 2517 Webb Avenue; C. Vivian Cowan, 2804 Lincoln Avenue. The foregoing communications stressed the facts that Mr. Jones limits his classes to six pupils; they are attended by most of the parents concerned; there is practically no disturbance from noisy children because the classes are efficiently conducted, strictly for swim instruction and the small number present at a given time would obviate any traffic or parking problem. Also, everyone spoke highly of Mr. Jones' proficiency as a swim teacher and his leadership ability in developing the children. A petition of protest was read, signed by thirty-five residents residing on St. Charles and Caroline Streets and San Antonio, Fair Oaks and Central Avenues, stressing objec- tions on the grounds that the granting of such a Use Permit would establish an undesir- able precedent in an "R-1" District and devaluate the properties in the area. Also letters from A. J. Hummel, 190 Jennifer Drive, San Pablo; D. O. Taylor, 1031 Fair Oaks Avenue; Dorothy Britton, 1049 Fair Oaks Avenue; and Mr. and Mrs. G. J. Allan, 1024 Fair Oaks Avenue. The letters stated the granting of this Use Permit will create a traffic and parking problem on this narrow street; will establish a precedent in allowing a commercial venture in an "R-1" Residential District; will devaluate the property values of this area and be a nuisance to the neighbors because of the noisy children. Mr. Ashley O. Jones, 1040 Fair Oaks Avenue, briefly reviewed the history of his case. Through his interrogation of Mr. Schoenfeld, it was developed that his request meets the requirements of Ordinance No. 1310, New Series, relative to Home Occupations; there are other existing Home Occupations in "R-1" Districts throughout the City and even a few in this area; a Use Permit does not in any way change the zone of any district and each Use Permit application is considered on the merits of the individual case. Mr. Jones pointed out his Use Permit had been granted subject to four restrictions - (1) Hours of operation, from 10:00 o'clock a.m. to 5:00 o'clock p.m.; (2) Safety fencing to be installed around his yard; (3) Classes limited to six pupils and (4) Non-glare lighting to be installed. Mr. Jones said he felt the petition of protest was invalid because many who signed had been given erroneous information as to his plans and program. He emphasized he taught only young children and there would be much less noise made during instruction periods than when youngsters are just playing. With regard to parking, he pointed out that with the limitation of six to a class, there would be a maximum of six cars present at one time and he had made arrangements with four residents on his block to allow parking on their premises. In response to questions by the Council, Mr. Jones stated his teaching program would be carried on only during the summer vacation months - with possibly some lessons being given on Saturdays during the fall and spring months, weather permitting. He said he planned to use his garage for dressing room facilities. The size of the pool would be a minimum of eighteen and one-half by thirty-eight feet or a maximum of twenty by forty feet. The opponents were thenmlled upon and Miss Marion Mitchell, 1031 San Antonio Avenue, spoke in protest against the noise which would be created and the locality of the pool in this neighborhood. She also pointed out that all those who had written letters of commendation on Mr. Jones' swim classes did not live in the immediate area affected. Mr. D. 0, Taylor, 1031 Fair Oaks Avenue, stated he had been asked to speak on behalf of the great majority of the property owners in the immediate vicinity of this pro- posed pool. All of them object vigorously on the basis that Mr. Jones' operation is strictly a commercial venture, it should not be in an "R-1" District where it will establish a precedent for almost any type of backyard business and, further, this is not a hardship case. He emphasized that the testimony written on behalf of Mr. Jones was from people living throughout the City who are not affected whereas the adjacent neighbors are very much affected and concerned about their property values. He felt the matter should be re- examined objectively from the standpoint of the effect and impact it will have on the neighboring property owners. Mr. G. N. Pope, 1820 Bay Street, referred to the provisions of the "Home Occupations" Ordinance, No. 1310, New Series, with regard to the granting of a Use Permit and asked that the Council reverse the ruling of the Planning Board and deny the Use Permit to Mr. Jones. Councilman Collischonn commented that, apparently, some of the opponents are not aware of the fact that Mr. Jones has a right to build a pool in this neighborhood, regardless. The Use Permit in question at this meeting is to allow him to give swim instruc tions. Councilman Freeman also pointed out that with a private pool there are no restrictions on the number of people who can use it at one time or the amount of noise they might make, except under ordinance regulations concerning a nuisance - instead of the cer- tain controls during the time of use as imposed by the Planning Board with this Use Permit. Councilman Schacht reviewed the amendments made a few months ago relative to Homo Occupations. He said he felt the testimony he had heard had failed to present suf- ficient reason for his voting to overrule the Planning Board. President McCall then declared the Hearing closed. Councilman Schacht thereupon moved the decision of the Planning Board be sustained and the appeal therefrom be denied. The motion was seconded by Councilman Collischonn and carried on the follow- ing roll call vote. Ayes: Four. Noes: None. Absent: Councilman Petersen, (1). REPORTS OF OFFICERS, BOARDS, ETCETERA: 9. From City Manager, reporting work satisfactorily completed on the project of improvement of Grand Street between Clement Avenue and the Estuary - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Collischonn moved the recommendation be approved; that the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Schacht and unanimously carried. 10'1. From City Manager, reporting work satisfactorily completed on the project of slurry seal treatment on certain streets - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Freeman moved the recommendation be adopted; that the work on said pro- ject be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Schacht and unanimously carried. 11. From City Manager, reporting work satisfactorily completed in connection with the improvement of Washington Street between High and Peach Streets, financed by mutual agreement of the property owners concerned, and recommending it be accepted by the City. Councilman Schacht moved the recommendation be followed and the work on the specified improvement be accepted. The motion was seconded by Councilman Freeman and unani- mously carried. 12. From City Manager, recommending a ten -day extension of time - to November 27, 1959 - be granted to J. R. Armstrong Construction Co. to complete its work on the installation of storm drains on Pearl Street and Mound Street at Otis Drive. Councilman Collischonn moved the recommendation be adopted and the requested exten- sion of time be allowed for completion of this project. The motion was seconded by Councilman Schacht and unanimously carried. UNFINISHED BUSINESS: 13. From City Manager, recommending contract be awarded to Morris Landy Motors, sole bidder, for furnishing certain Sedans to the Police and Planning Departments, at the prices of 318,516.80 and $2,060.64, respectively. Councilman Collischonn moved the recommendation be approved; that contract be awarded to said firm for furnishing the vehicles specified at the prices quoted. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. At this point, Mr. Weller remarked that the bid procedure as prescribed by the City Charter was followed exactly in this case. He said he felt the real criteria in determining whether or not to recommend that an award be made are basically the following: (1) that every legitimate bidder has an opportunity to bid on the speci- fications, (2) that the bid or bids received are fair, (3) that the bid recom- mended for award is in the best interests of the City. The question is not "how many bids are received, but how good they are". The only distinction between a single -bid and a multiple -bid situation is that, in the case of a single bid, it should properly 137 be subjected to more careful scrutiny because the City wants to be sure it is a fair one and that it represents the purchase of items at the lowest price. Upon request, Mr. Weller cited the reasons given by the several automobile dealers about why they did not submit bids. The question of the color of the police cars was then raised by Councilman Schacht, who moved the "black and white" color combination be retained. The motion was lost for lack of a second. Following further discussion, it was determined that the patrol cars would be an "off-white" color, V 14. 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 the improvements in Tract No. 1289, located on the south side of Otis Drive near Bay Farm Island Bridge. Councilman Freeman said Mr. Duggan had indicated to her that a period of six months would be sufficient for completion of the project and she moved, therefore, that said extension of time be granted for six months. The motion was seconded by Councilman Collischonn and unanimously carried. RESOLUTIONS: 15. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6009 Adopting Specifications for Furnishing to the City of Alameda One New, Latest Model, 6-Cylinder Two-Ton Dump Truck for the Golf Course, Calling for Bids and Direct- ing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 16. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6010 Adopting Specifications for Operating Refreshment Concession in Washington Park, Lincoln Park, Krusi Park, McKinley Park, Godfrey Park, and on South Shore Beach, for the Period Commencing January 1, 1960, and. Ending December 31, 1960, 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. Noes: None. Absent: One. 17. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6011 Appointing Time and Place for Election of Board of Trustees of Reclamation District No. 2087 and Appointing an Election Board." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None, Absent: One. 4 18. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6012 IN MEMORIAM TO MR. HARRY C. HAVERY "WITH HEARTFELT GRIEF, the Council of the City of Alameda records the death of one of its loyal, civic-minded citizens, MR. HARRY C. HAVERY, who had been appointed a member of the Golf Commission on March 27, 1936, and had served in this capacity continuously since that time. "WHEREAS, Mr. Havery had been keenly interested in the establishment and improvement of the Alameda Municipal Golf Course to provide more oppor tunity for the many who desire this type of pastime activity and had been ever mindful of its financial resources on behalf of the City; and "WHEREAS, Mr. Havery had given generously of his time and effort in support of the development and expansion of the Golf Course to meet the greatly increased need for such facilities. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of his coopera- tion with those concerned in promoting an adequate and attractive Municipal Golf Course and the high esteem in which he was held by his many friends and associate workers, the Council of the City of Alameda does hereby express its sense of loss and its appreciation for Mr. Havery's many years of service to the City as a member of this Commission. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and a copy thereof be forwarded to Mrs. Havery, that it may extend to her a sincere expression of sympathy and condolence in her bereavement; and "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of MR. HARRY C. HA VERY. " The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. President McCall spoke in eulogy of Mr. on behalf of the City. The President thereupon declared all of passed. Havery, pointing up his spirit of dedication the foregoing resolutions duly adopted and ORDINANCES FOR PASSAGE: 19. "Ordinance No. 1325, New Series An Ordinance Authorizing the Transfer of Certain City - Owned Real Property to the Alameda Unified School District (Excess Property -- Tilden Way)." Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes:. Four. Noes: None. Absent: One. 20. "Ordinance No. 1326, New Series An Ordinance Authorizing the Acquisition of Certain Real Property for Street, Highway and General Municipal Purposes (Tilden Way -- Fleming)." Councilman Freeman moved the ordinance be adopted as submitted. The motion eras seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. Under the emergency provision of this ordinance, it would become effective immediately. FILING: 21. Specifications No. MS 11 -59 -15 - Refreshment Concession Operation. 22. Specifications No. MS 11 -59 -16 - Furnishing Dump Truck for Golf Course. 23. Financial Statement - Bureau of Electricity, as of September 30, 1959 - Verified by Hackleman & Larzeiere. BILLS: 24. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $86,997.11, was presented 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 November 3, 1959, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Collischonn and carried by the following roll call vote. Ayes: Four. Noes: None. Absent: One. ADJOURNMENT: 25. There being no further business to come before the meeting, the President called up the Council and the audience to stand for a moment of silence in respect to the memory of Mr. Harry C. Havery. The Council then adjourned - to assemble in regular session on Tuesday evening, November 17, 1959, at 7:30 o'clock. Respectfully submitted, City Clerk