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1958-03-04 Regular CC Minutes328 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MARCH 4, 1958 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was lead by Councilman Freeman, followed by an inspiring Invo- cation delivered by The Reverend Mr. Richard Millard, Rector, Christ Episcopal Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen and Presi- dent McCall, (4), were noted present. Absent: Councilman Schacht, (1). MINUTES: 1. The minutes of the regular meeting held February 18, 1958, and the adjourned regular meeting held February 25, 1958, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mrs. Patricia S. Waterlow, 3011 Marina Drive, in protest against the ruling of the City Attorney which permits a separate apartment, with kitchen and separate entrance, to be established in a home in an "A" Residential District. Councilman Collischonn stated he is in sympathy with Mrs. Waterlow's concern, and with others who have spoken about this provision of the Alameda Municipal Code which permits a person to have more than one kitchen in a single - family residence in a One - Family District. He said he has expressed his thoughts on the subject to the City Manager and City Attorney. He said he doubted if anybody has installed a second kitchen with the intent of violating the law but felt the danger lies in the possibility of such premises being sold to someone who would then use it for develop - ing a second living unit. He said he understands the new Zoning Ordinance will "plug the loophole" in the existing ordinance but the final passage of said ordi- nance will be weeks away. Councilman Collischonn asked the Clerk to read his letter of February 25, addressed to the City Manager, pointing up the fact that a telephone check had been made of the Zoning Ordinances of Oakland, Berkeley, Richmond and San Leandro and it w as learned that all of these cities define single- family dwellings in such a manner that the building of a separate kitchen with a living unit for servants would be a violation of their ordinances for single- family districts. The second kitchen would constitute a second housekeeping unit and, therefore, would not be permitted in single - family districts. It was stated it would seem the City is faced with a breakdown of its single- family dwelling regulations unless the existing ordinance is amended to nullify the defini- tion to eliminate any possibility of misinterpretation. It was suggested the Plan- ning Director be asked to obtain copies of the Zoning Ordinances of the cities men- tioned as they apply to single - family districts to determine if the language used by them could be incorporated into an amendment to be prepared by the City Attorney to close the loophole in the Alameda Zoning Ordinance for the interim period. It was hoped the request could be processed as soon as possible in order that it may go before the Planning Board for consideration at its next regular meeting. Councilman Petersen concurred with Councilman Collischonn's statements and agreed that the City should check not only with other cities but also with the League of California Cities to ascertain if it has any information on the subject in order to establish a clear -cut regulation for "A" One - Family Dwelling Districts in this respect. Councilman Freeman also agreed with the presentations and stated her only fear is the length of time involved before an amending ordinance would become effective. President McCall brought out the fact there are many homes where there are two kitch- ens, one of which is for convenience in connection with the use of patios, rumpus rooms, etcetera - and queried if these people are to be jeopardized in their desire for such facilities by the institution of the suggested restrictions. Mr. Annibale stated those people who already have such facilities installed would have what is termed a "non - conforming existing use" and, as such, the City would be required by law to allow them to continue. The amendment would not affect the pre- sent facilities. President McCall asked if people who want kitchen facilities for a barbeque or family - room would still be able to appear before the Planning Board for a Use Permit to allow this type of facility. He felt this is a set -up in modern -day living which a great many people have, and he did not think the Council should take it away from them. Mr. Annibale agreed he contemplated the ordinance would be drawn in this manner - subject, of course, to the direction of the Council. He pointed out that if the presently proposed final draft of the new Zoning Ordinance is enacted, it defines servants' quarters as being "without kitchen facilities ". There was some discussion as to the proper interpretation of the term "servants ". Pursuant to Councilman Collischonn's suggestion, it was determined that an interim ordinance was needed and the City Attorney was requested to draft said document in line with the statements expressed - prohibiting more than one kitchen in homes in the "A" One - Family Dwelling Districts and providing for application to the Planning Board for a Use Permit to allow other kitchen facilities under certain conditions. It was also requested the Council have an opportunity to study the proposed ordinance before it is submitted for introduction and that the Planning Board be sent a copy thereof. Councilman Collischonn felt similar ordinances of other cities should be investigated to determine how the situation is handled and inquired if the Planning Director could request such copies for study. Mr. Annibale remarked that, in the City of San Mateo, a one - family dwelling is defined as "containing one kitchen ". The City Manager was requested to contact the office of the League of California Cities, asking for information on the subject, and the Planning Director was also directed to procure any other data he could from other cities. 3. From Alaska Packers Association, dated February 25, 1958, signed by Mr. William Herbert Carr, Vice President, submitting its offer to purchase approximately 33.2 acres of the Encinal Project property. This is an amendment to its offer of Decem- ber 20, 1957, increasing the amount by $19,576.98 in view of the fact that 3.46 acres of the land involved is owned by the School District. The offer is also conditioned upon the understanding there are no streets embraced within the area in question. Councilman Petersen questioned in detail the financial status of the transaction. Councilman Collischonn pointed out the fact remains that the reply Mr. Weller made in his letter of February 26, 1958, states exactly what the City expects to get from this sale and he felt it would be appropriate to have the Clerk read it at this time. The letter sets forth the following terms and conditions: (1) A down- payment of $80,069.91 upon execution of the necessary agreements; (2) Semi - annual payments on May 25, and November 25, of x'27,834.68, commencing with May 25, 1958, and extending through May 25, 1962. The City would provide assurance that the area in question contains no public streets - and it is understood the sale of the 33.2 acres of land is contingent upon formal approval by the City Council, in accordance with the City Charter and with the terms and conditions of the Deed of Trust executed by the City in favor of the United States Government, Public Housing Administration, covering the subject property. Councilman Petersen continued with his interrogation and requested he be given a financial statement similar to that prepared on October 24, 1957, showing the total cost of the City's investment in this property to date, the list of payments to date, the principal outstanding as of this considered date of sale and the interest out- standing under the current conditions of sale which are being considered. He felt the Council should be able to ascertain exactly how much the City is getting per acre for the property involved. Further discussion ensued and Mr. Weller stated he would be glad to draw up such a report. President McCall stated he wanted the citizens of the community to know, through the Press, that negotiations have been going on for the sale of this land in order to _get it developed - and asked the City Manager if, in his opinion, the City is going to lose on this transaction. Mr. Weller answered the City is not going to lose any- thing by this transaction and that is the basis on which it was carried forward. In response to President McCall's request for an estimate as to how the City would "come out" on it, Mr. Weller pointed out the essential figure is the acreage price on the 3.46 acres and one can get a rough estimate by dividing 33.2 acres by the total sum to be paid and then multiply that by 3.46 acres. President McCall thereupon asked Mr. Weller to compile the financial "breakdown" tabulation. 4. At this time, the Clerk was requested by President McCall to read a letter which he had received just this date from the League of California Cities, signed by Mr. Richard Carpenter, Executive Director and General Counsel. Notification was given that, at the recent Executive Committee meeting of the American Municipal Associa- tion in Washington, D.C., the following action was taken: A motion carried that the Association urgently demands the United States Government to declare as surplus all real property not absolutely essential to the necessary operations of the Federal Government - and any future real property acquisitions of the Federal Government be strictly controlled. President McCall stated this covers a situation with which the City of Alameda is well aware. There are "surplus" lands here and the City is anxious for the Federal Government to release them. It is gratifying that the Association has taken this action. ORAL COMMUNICATIONS: 5.1 President McCall stated Mr. James Taylor, Second Vice President of the Alameda Chamber of Commerce, has a presentation to make at this time. Mr. Taylor addressed the Council on behalf of the Chamber, explaining the local organization had recently received a letter from the Lodi Chamber of Commerce, accompanied by a Certificate of Service, and it was requested that this be presented to Mr. Weller in recognition of his community leadership as City Manager of Lodi from 1948 to 1957. Mr. Weller responded with his thanks. 6. Mrs. Elizabeth Stephens, 1624 San Jose Avenue, referred to the proposed interim ordinance to amend the existing Zoning Ordinance and asked how quickly it could become effective - she felt the matter was urgent. Mr. Annibale stated he hoped the ordinance would be introduced at the meeting of March 18, it would be passed at the following meeting of April 1, and it would become effective thirty days thereafter. Mrs. Stephens inquired if there was any provision for an emergency measure, to which Mr. Annibale replied that if the Council determines there is great emergency and necessity, it can become effective immediately. Mrs. Stephens stated many people who live in single- family areas feel this matter deserves the Council's consideration as an emergency because there could be a "rash of apartments" within the next thirty days in view of the language of the existing ordinance. Mr. Annibale said he believes there is ample ground for declaring the existence of great emergency and necessity - the Council having discovered a loophole in the ordinance which should be eliminated immediately. It was thereupon ordered that the proposed ordinance would be so written and presented. REPORTS OF OFFICERS, BOARDS, ETCETERA: 7. From the City Manager, reporting on the request from the Associated Students of Alameda High School to eliminate the "two- hour" parking restrictions in the school block. It was pointed out the Chief of Police is opposed to any change in this respect and, therefore, it is recommended the students be informed the existing parking regulations should remain effective. The City Manager was instructed to so notify the Associated Students. 8. From the Mayor, City Manager and City Auditor, reporting on the Count of Money held February 19, 1958, showing the sum of $3,225,819.42 in the City Treasury. The report was noted and ordered filed. 9. From the Recreation Commission, concerning the 18.7 -acres area allocated in the South Shore Project for the "schools- park - library site" - and recommending acceptance of the Master Site Plan. President McCall thanked the Commission for its study and report and stated the mat- ter will be discussed further at the meeting scheduled with the Board of Education later this evening. 1 10. The City Manager made an oral report concerning the cost of engineering services in connection with the construction of the new Municipal Golf Course and the trans- fer of certain monies from the Golf Course Construction Fund to the General Fund. Mr. Weller said that, as he understands the situation, there was a preliminary indi- cation on the part of the Council some months ago that the money involved was not to be transferred. He pointed out the sum in question is a charge for engineering services furnished by City forces and, in the strictest sense, it is a legitimate charge against the over -all cost of the Golf Course. He said the only question is whether or not the Council feels the General Fund of the City should provide money to t-elp pay the cost of construction - although the charge should be made against the Golf Course Bond Issue Fund. He requested a Council decision in this respect. It was determined the monies should be transferred to the General Fund and the matter was referred to "Resolutions ". INTRODUCTION OF ORDINANCES: 11. 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 Adding Subdivision (82) to Section 17 -432 Thereof, Relating to Stop Intersections." (Northeast corner of Times Way and Oak Street) UNFINISHED BUSINESS: 12.1 Councilman Petersen referred to his recent suggestion to amend the Subdivision Ordinance and inquired how soon this matter would come before the Planning Board. Mr. Annibale, stated he hopes it will be on the agenda for the Board's meeting' of March 10. Councilman Petersen requested a report on this matter be made to the Council by April 1. The Clerk was thereupon instructed to send a memo to the Planning Depart- ment, asking that the Council be furnished with this information as soon as possible or within thirty days. NEW BUSINESS: 13`. President McCall spoke of the several children who have been struck by automo- biles within the past several days. He said he felt sure the Council would like to see that everything is done to protect the people of the community, especially the children, and he thought some kind of public- minded safety program should be insti- tuted through the School Department and all of the Civic and Service organizations - asking them to cooperate with the City in establishing some program whereby everyone is reminded of his responsibilities when driving a car. He said the City Manager would probably discuss the situation with the Chief of Police. Councilman Collischonn concurred this is a very worthy idea and said he would like to see the Council give its support to such a program. He said there is another mat- ter which concerns him and that is the youngsters who are trying to hitch -hike their way to school and whostand practically in the center of the street. He said this occurs particularly along Central Avenue around 8:15 o'clock a.m. and it is very hazardous, especially when it is foggy. He thought these youngsters should be warned to stay closer to the curb. President McCall suggested the Junior Chamber of Commerce be asked to take-up this type of program under one of its community activities and initiate a safety drive. There being no objections, the City Manager was instructed to transmit a letter to the Junior Chamber asking that it take this up as a community activity, and to work in conjunction with the City Manager and Chief of Police. RESOLUTIONS: 14. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5751 Establishing Bidding Procedure for Public Work, Materials or Supplies Pursuant to Section 3 -15 of the Charter 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: Four. Noes: None. Absent: Councilman Schacht, (1). 15. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5752 Transferring $80,165.54 from the Special Gas Tax Street Improvement Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Schacht, (1). 16. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5753 Resolution of the Council of the City of Alameda Relating to a Certain Temporary Housing Project (Encinal) Owned by the City of Alameda and Deter- mining That the Need for the Operation of Housing on a Part of Said Project Has Passed." 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: Councilman Schacht, (1). 17. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5754 Resolution of the Council of the City of Alameda Author- izing City Attorney to Appear for and on Behalf of the City of Alameda as Amicus Curiae in That Certain Action Entitled, The Pacific Telephone and Telegraph Company V. City and County of San Francisco, Superior Court, San Francisco, No. 475393, Said Appearance to be in Support of the City and County of San Francisco." The motion to adopt said resolution was seconded by Councilman Petersen. President McCall said he would abstain from voting on this motion because of his employment by The Pacific Telephone and Telegraph Company. On roll call the motion was carried by the following vote. Ayes: Three. Noes: None. Absent: Councilman Schacht, (1). Not Voting: President McCall, (1). 18. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5755 Amending Salary Resolution No. 5656 by Adding Thereto The Position of Engineering Assistant, in the Street and Engineering Department." The motion to adopt said resolution was seconded by Councilman Freeman. Councilman Petersen questioned the City Manager and City Engineer as to the number and classifications of personnel in the Engineering Department, as set up in the budget — contending this extra position is not necessary. A lengthy discussion ensued - the City Engineer explaining fully the situation pre- vailing in his Department. Councilman Collischonn stated he felt the Council should not "hamstring" the City Engineer when he is faced with the problems entailed in the South Shore Project. The question was then put and the motion was carried by the following roll call vote. Ayes: Three. Noes: Councilman Petersen, (1). Absent: Councilman Schacht, (1). 19. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5756 Transferring $32,050.74 from the Golf Course Con- struction Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Council- man Schacht, (1). The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 20. "Ordinance No. 1262, New Series An Ordinance Amending Section 2 -115 of Title II, Chapter 1, Article 1, of the Alameda Municipal Code, Relating to Order of Business of the City Council." Councilman Freeman moved the ordinance be adopted as read. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Schacht, (1). BILLS: 21. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the total amount of fi19,245.97, 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 Petersen questioned the expenditures made by the Recreation Director for junkets and noted that this item in the Department's budget had been exceeded. He requested that an attempt be made to hold down this type of expenditure. Considerable discussion was had - Mr. Weller pointing out many accounts in the budget have been exceeded and he suspects there will be many more. He said this is the difficulty in trying to work with a so- called "line" budget - it just can't be done. Some of the items have been cut to where they are absolutely unrealistic. Insofar as the Department Heads traveling is concerned, Mr. Weller said he has found them to be exceptionally careful in thinking about whether or not they will gain sufficiently from the conference to justify the expense. With regard to the Recreation Department in particular, President McCall pointed out there have been quite a few conferences in the area. Alameda has the unique situa- tion of utilizing a joint City - School recreation program which has attracted consider- able attention. The Recreation Director is recognized throughout the State - he has been a District Officer in the Alameda - Contra Costa Region and has been elected to a State position at the recent convention in San Diego. t." Councilman Petersen thereupon moved the bills as itemized in the List of Claims filed with the City Clerk on March 4, 1958, 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: Councilman Schacht, (1). ADJOURNMENT: 22. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, March 18, 1958, at 7:30 o'clock. Respectfully submitted,