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1958-10-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, OCTOBER 7, 1958 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 the delivery of an inspiring Invocation by The Reverend Father Patrick J. O'Brien, Pastor, St. Philip Neri's Catholic Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held September 16, 1958, were approved as transcribed. OPENING OF BIDS: -,./ 2. Seven bids were received and rend for the Sale of Improvement Bonds for Bay Farm Island Assessment District No. 58-1 for the total amount of the issue of l>24,205.35, from the following: C. N. White & Co.; J. B. Hanauer & Co.; Mason Brothers; Hannaford & Talbot; Stone & Youngberg; First California Company and Lawson, Levy, Williams & Stern. President McCall suggested that, if there were no objections, the bids would be reviewed by the City Manager and the City Attorney during, the course of the meeting and a recommendation 1 qould be made under "New Business". WRITTEN COMMUNICATIONS: v 3. From the following property owners on Otis Drive in pro test against being included in the proposed Assessment District for the paving of Mound Street: R. P. Smith, J. W. Marberry, H. P. Pratt, H. Cardin, B. W. Arvin, June G. Welch, Ellen Stadelman and E. R. Wright. President McCall stated this matter is still under study and will come before the Coun- cil at a later date and, in the interim, the communication will b e laid over for con- sideration at that time. 4. From Mr. George H. Searle, 2.150 San Jose Avenue, deploring the circumstances leading to the resignation of Mr. Robert V. Grafe, Assistant Purchasing Agent. The communication was read in full. In connection with the foregoing letter from Mr. Searle, a letter was read in full from the Civil Service Board, signed by Mr. Thomas L. Ferro, President, in explanation of the consideration given Mr. Grafe 's request for a salary increase and pointing up the fact that he was fully informed of the reasons for the action taken. The communications were noted and ordered filed. 6:i From Shoreline Planning Association of California Incorporated, signed by Mr. Carr S. Pechtel, President, requesting the Council to appoint another City representa- tive to serve as a Director of the Association. Mr. Annibale, City Attorney, and Mr. Schoenfeld, Planning Director, presently represent the City as Directors. Upon request, Mr. Annibale commented that he felt the representatives of the City in this Association should be those concerned with planning or a member of the Council who is interested in this type of activity. He pointed out it does not concern the City Attorney's activities at all, and there are other personnel within the City who would be more vitally interested and more able to gain benefit from the Association. Mr. Annibale suggested a member of the City Engineer's office might well be desig- , nated as a Director. Upon inquiry of Councilman Collischonn, Mr. Annibale replied that the Association is organized to plan the development of California's shoreline - beaches, parks, etcetera. The annual dues paid by the City are L'3125. Mr. Schoenfeld was called upon and stated he has not attended any of the Association's meetings, but from its reports he believes the Association is not as active now as it formerly was. He said he felt it is now trying to merge its activities with those of the boating enthusiasts in communities on California's waterways. He suggested that possibly, if the Council wishes to appoint another representative, the Recreation Director, who is concerned with all forms of recreation, and a member of the Council who has an interest in sporting activities, might be considered. Councilman Collischonn thereupon moved Councilman Freeman be appointed to replace Mr. Annibale, and a member of the Engineering Department be appointed as the third repre- sentative, to serve as Directors of the Association. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 7. From Alameda Golf Club, signed by Mr. Maury Owens, Secretary-Treasurer, request- ing notification as to the disposition of its letter of June 13, 1958, concerning the allocation of certain Golf Course revenues to a Capital Improvements Fund for the Golf Courses. In response to Councilman Freeman's question, Mr. Weller stated he understands the Advisory Golf Commission had indicated its feeling that if the Green Fees were increased, the additional revenue should go to the Golf Course Improvement Fund rather than to the General Fund. It was developed the matter is still under study and the City Manager will submit his report at its conclusion. 8. From Bernice and John Hahan, 2114 Clinton Avenue, requesting that steps be taken to correct certain hazardous and nuisance conditions prevailing through the use of the lagoons for swimming. Councilman Freeman inquired if this is not a heclamation District problem and the City Attorney could request the District to post the area with signs prohibiting swimming. Councilman Collischonn felt there is also a public nuisance involved in this situa- tion with people making noise late at night and throwing debris around. He suggested the police be requested to make periodic checks of the area, particularly on weekends and holidays. Mr. Weller pointed out it would be extremely difficult for the police officers to determine if those people happen to be using the lagoons by invitation of the property owners or if they are trespassers. He said he would suggest that, in the event any property owner feels there is a nuisance being committed, he call the Police Department and an officer could be sent to investigate. It was ascertained that the Police Department would have jurisdiction in the matter insofar as the commission of a public nuisance is concerned. Councilman Petersen mentioned he had noticed a great many beer cans and other trash along the beaches and lagoons and inquired if the situation could be remedied by the posting of signs indicating the perpetrators would b e fined. Mr. Annibale stated there is a law prohibiting the littering of public property, which could be invoked and which carries a fine and/or jail sentence. Considerable discussion ensued about the effectiveness of posting signs. It was finally determined that several signs should be placed in concrete in the sand along Shore Line Drive, facing inboard and outboard, to the effect that violators of the "litter" law would be penalized. Councilman Freeman suggested the size and location of the signs be under direction of Mr. Schoenfeld. There being no objections, it was so ordered. 9. Copy of Resolution No. 88557, ad pted by the Board of Supervisors of Alameda County on September 23, 1958, requesting the City to exempt County cars on official business during working hours on working days from parking meter fees. Upon request, Mr. Annibale stated there is, in his opinion, a serious doubt about the legality of this proposition and he would, therefore, suggest the Council take no action on this request. There being no objections, it was so ordered. 1 . From Alaska Packers Association, signed by Mr. William Herbert Carr, Vice President, submitting its offer for the purchase of approximately 22.3 acres of land, the remainder of City-owned property in the former Encinal Housing Project site, under certain terms and conditions. Following some discussion, Councilman Collischonn moved the Council go on record authorizing sale of the 22.3-acre parcel to Alaska Packers Association in general conformity with the proposal made by it in its letter of September 15, 1958, but at a price sufficient to return all costs to the City. Assuming the foregoing require- ments can be met by further negotiation, the Council proposes to introduce an ordi- nance authorizing said sale to Alaska Packers Association at the meeting of Octo- ber 21, 1958. The motion was seconded by Councilman Freeman. At this point, Mr. George Coupe, 2858 Santa Clara Avenue, inquired if the City has ever had an appraisal made of this property. Mr. Weller replied there was an apprai- sal made by the Federal Government before the property was acquired by the City. It was also pointed out both the Chamber of Commerce and the City have worked on the sale of this land - it has been offered for sale on the open market for over a year and there have been no other offers for its purchase. The question was then put and the motion was carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. 4 11. Copy of Resolution No. 5902, adopted by the Board of Directors of the Alameda Chamber of Commerce on September 24, 1958, commending the determination of the City Council and the City Manager to prevent exorbitant tax increases in any one year by anticipating future needs - and urging that such policy be forthwith instituted and consistently followed and nothing interfere with the retention of the :160,000. contingency reserve fund for the purpose intended. President McCall thanked the Chamber for its resolution and Councilman Petersen said he felt all members of the Council are wholly in accord with the thinking of the Chamber and they will try to uphold said policy as far as future taxes are concerned and attempt to contain themselves within the framework of the resolution. 12. From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, requesting that the Council accept the recommendation of the Planning Board concern- ing the rezoning of approximately 3.5 acres of land at the northwest corner of Otis Drive and. Willow Street, from "A-P", Administrative-Professional District, to "R-)]PD", Neighborhood Apartment-Planned Development District. The communication was noted and referred to the subject listed under "Hearings". 13. From R. Borgman Sales Company, signed by Mr. R. Borgman, President, informing the Council that permission had been requested from and granted by Fire Chief Hilbish to stage a fireworks spectacular on the South Shore Fill on October 16 and 17, 1958, between the hours of 9:00 and 9:30 o'clock p.m. It was stated all precautions have been taken to insure public safety and appreciation was expressed for the cooperation of various City officials. In response to Councilman Freeman's question, Mr. Annibale stated the fireworks dis- play will be on the public beach which gives the Council further control. He also suggested that if the Council is in favor of the matter, the City should require adequate insurance to be taken out, naming the City of Alameda as an additional assured against any liability to any person or property. further the "spectacular" should be policed and cleaned up afterwards by the Company. Mr. Annibale pointed out all of these requirements can be included in any permit granted. Councilman Petersen thereupon moved that R. Borgman Sales Company be permitted to utilize the beach area for its fireworks exhibition upon the express conditions that it provide the City with adequate public liability insurance covering both persons and property in the amounts of ;;250,000./500,000. and 25,000./50,000., respectively; and, further, that the Company will adequately police and control the operation and clean the area after the display. The motion was seconded by Councilman Collischonn and unanimously carried. 1/4:( From Robert H. and Lucille E. Hough, submitting petition signed by Mr. and Mrs. Hough and Oren B. and Isabell Johnson, requesting that necessary steps be taken to effect the improvement of Beach Road in the vicinity of Fitchburg Avenue. Upon advice of the City Attorney, the matter was referred to the City Engineer for a complete study and estimate of costs involved. There being no objections, it was so ordered. V 15. From Amelia V. Lagorio and Mrs. McClaren, 1544 Lincoln Avenue, requesting the area at Stanton Street and Lincoln Avenue be rezoned from "R-2" to "C-1" District; 16. From Nellie I. Reed and Alice Holmes, 1532 Stanton Street, asking reconsideration be given the request to rezone certain property at Stanton Street and Lincoln Avenue; 17, From June and Walt Tresemer, 1570 Pacific Avenue, requesting the rezoning of certain property at Stanton Street and Lincoln Avenue. The last three letters were in connection with the matter listed under "Hearings" and were referred thereto. ORAL COMMUNICATIONS: 18. Mr. Frank Gottstein, 731 Haight Avenue, again spoke of the darkness of the approaches to Posey Tube and requested the Council write a letter to the Alameda County Board of Supervisors to appropriate funds to remedy this situation. He also spoke of the congestion of traffic due to a breakdown in the Tube and strongly felt Oakland traffic should be detoured to the freeway so the Alameda traffic going north would have the right-of-way. Mr. Gottstein said a communication should be sent to the City Manager in Oakland or Mr. Weller should contact him concerning this matter. President McCall pointed out the County Board of Supervisors has tried to do the best job possible with regard to improving the lighting in Posey Tube with the limited funds available. However, concerning the darkness of the Oakland approach created by the freeway overpass, he felt the City Manager should contact the State Division of Highways to ascertain if it has plans for lighting that area and, if not, the Council should request that proper lighting be established. Concerning the traffic situation mentioned, President McCall suggested this matter be referred to the City Manager for discussion with Oakland's City Manager and Traffic Engineer to determine what can be worked out. There was further discussion concerning the inadequate lighting in certain sections of the Tube. There being no objections, the City Manager was asked to write to the Board of Supervisors requesting that funds be allocated to complete the lighting project in Posey Tube. HEARINGS: 19. The matter was called up concerning consideration of Council Resolution of Inten- tion No. 5842, adopted September 16, 1958, to Order the Vacation of a Portion of Ninth Street. The Clerk stated there is on file the Affidavit of Publication of said 444 resolution, in which is set forth the time and place of the Hearing - and also the Affidavit of Posting Notices in the area involved. There were no protests against the proposed abandonment of this portion of Ninth Street and the matter was thereupon referred to "Resolutions". 20. The matter was presented with regard to the request from South Shore Land Co. to reclassify 3•5 acres of land located at the northwest corner of Otis Drive and Willow Street, from the "A-P", Administrative-Professional District to "R-LjPD", Neighborhood Apartment-Planned Development District. Favorable recommendation from the City Planning Board had been submitted to the Council at its meeting of Septem- ber 16, 1958. At this time, the Clerk read in full a letter dated October 7, 1958, from Paul R. Shumaker, M. D., concluding with the request that the Council consider his petition for the rezoning of adjacent property before Utah's petition is finally decided as he believes the two areas show enough inter-relation to justify such a move. The Clerk stated the Affidavit of Publication of the Notice of Public Hearing in this matter is on file. Mr. Annibale remarked that the property of Dr. Shumaker is covered by an entirely separate petition for rezoning. Councilman Freeman questioned the increase in population of the area involved if rezoned. Mr. Schoenfeld concurred the density has been increased slightly over what was originally contemplated - however, there is some legitimate question whether or not this density, if developed according to the present zoning, would seriously affect any of the City services. In response to Councilman Petersen's question, Mr. Schoenfeld replied that the orig- inal plans drafted, presumably based on the Skidmore, Owings & Merrill recommendation to South Shore Land. Co., indicated the population would be about 5,000. He said, however, with the area increases that have been permitted by the rezonings to multi- family land, the potential population would be as much as 9,000, but this is not to say that the acreage will necessarily be developed to that number. In answer to Councilman Petersen's further question, Mr. Schoenfeld stated he believes the total number of acres rezoned for multi-family dwellings is about 21.5. Mr. Marquis, 910 Pacific Avenue, inquired if this proposed rezoning would prohibit hospitals in this area of the fill. He said he had contacted a member of South Shore Land Co. and indicated he was interested in purchasing an acre on which to construct a 100-bed rest home. He claimed there are people willing to buy some of this land for a private hospital or rest home, and he believes there is a need for these facili- ties in Alameda. Upon request, Mr. Schoenfeld stated a hospital or rest home would be permitted only in an "R-5", or greater, zone. In reply to Councilman Collischonn's query concerning prospective purchasers of this land, Mr. Travers stated his Company has had certain inquiries, but nothing more definite. He said he has announced publicly, on numerous occasions, the land is for sale for Administrative-Professional purposes and has also stated his Company would be willing to construct an Administrative-Professional facility there, provided (1) there was a demand for it and (2) if there were a demand, that the parking require- ment could be satisfied. He pointed out this is a very serious situation on only a 3.5-acre parcel - to get a large enough building to make it a sound venture and still provide adequate parking on that small site. In response to President McCall's question, in the event the area is rezoned, Mr. Travers said it would probably take ninety days for preliminary preparations and the Company would then be able to proceed with construction of the garden apartments within a period of six months. Upon request of Councilman Schacht, Mr. Schoenfeld pointed out on a map the existing location of Alameda Hospital, the area reserved for its expansion and the land immediately south thereof which is under discussion at this time. It was developed that Dr. Shumaker's property is slightly over one-third of an acre in size and is presently in the "R-3", Garden Apartment District. It lies east of Willow Street, bordering on the lagoons. Councilman Petersen asked that Mr. Travers and Mr. Schoenfeld comment on how the rezonings for additional multi-family areas on the South Shore would affect the Master Plan, traffic congestion, taxes for services and overall City planning. Mr. Schoenfeld stated he could not give a definitive answer on any of these questions but he did believe that, if no more area is added than is already zoned for multiple use, the load on City services will not be increased to the point where there is danger they will break down. If all of these areas were to be zoned to the highest density, he would have some fear for the adequacy of the schools now planned for these locations, but it is an entirely different matter if they are developed for higher rentals to attract families who dorpt have a number of children. Councilman Freeman inquired of Mr. Travers if he had contacted the School District about the potential increase from 5,000 to 9,000 population and if it has made plans for such increase. Mr. Travers replied he does not contact any independent agencies - all arrangements are made through the City Manager's office. With reference to Councilman Petersen's request, Mr. Travers reviewed in detail the history of the several parcels of the South Shore which had been rezoned and were contemplated to be rezoned in the total development of the project. In summary, he stated the present Hearing on this requested rezoning stands on its own - the matter was never formally related to any previous rezonings as far as multiple-family is concerned - it is a parcel of land which has been held as a public service and the Company now wants to utilize it - the Company and the Planning Board have agreed this is the best use for it. Upon Councilman Freeman's inquiry, considerable discussion was had in explanation of the regulations under certain district designations, i.e. "R-)1_PD" or "R-5". Councilman Freeman asked Mr. Weller if he had discussed with the School District what the increase in population would do to its plans. He replied that he had not and added, in supplement to Mr. Travers' remarks, that the purpose of their last discussion was to ascertain what the overall concept or planning might be. Mr. Weller pointed out he had discussed with Mr. Travers on several occasions the problem of making piecemeal changes in zoning, albeit there may be perfectly sound reasons in each case. He said his personal observation would be - although he cannot speak for the School District - so far as City facilities are concerned, he, frankly, would not have the least concern about the additional density. The figures indicate there will be approximately eight hundred to one thousand additional people in the South Shore area. Keeping in mind police protection, traffic circulation, etcetera, the street widths generally, at least on Shore Line Drive, are somewhat wider than had been planned originally. Therefore, the circulation pattern is good. He felt, from the standpoint of fire protection, if anything, multiple-family development would be easier to defend than more single family homes. Consequently, if there is any question about the kind of burden the proposed density will exert on City facilities, he said he, personally, isnot concerned in this regard. As far as the schools are concerned, as Mr. Schoenfeld mentioned, it will depend largely upon the type of development. It is obvious that if there are one- or two-bedroom apartments, which rent in the high ranges, the prospect is not good that the school population will be increased. He said he has not discussed the situation with Dr. Roderick, Superintendent of Schools, because there was no particular purpose in doing so at this stage, since the point has just now been reached where any rezonings are being discussed insofar as the Planning Board and the Council are concerned. Mr. Weller stated he would not feel the school problem would be made significantly any worse with the type of rezoning in question. He also expressed his personal opinion that he is not too sure, in terms of the problems it would create for the City, that the City might not be better off with some type of multiple-family residential zoning than it would be with "A-P" Dis- trict, in this instance, on the basis that an "A-P" development would certainly bring in more traffic and more parking congestion. He said he does not see that the multiple- family zoning would be less desirable from the standpoint of the City in the services which it would have to provide - and, as a matter of fact, he said he thinks very likely the reverse would be true. Councilman Collischonn said he felt one further point might be added - if the prop- erty in question is not rezoned, it is quite conceivable this "A-P" area would be held off the market for some time - whereas, if the property is rezoned to 1TR-4PD", it will be developed within six months. He felt it is important, from the standpoint of City revenue, that improved property should be added to the tax rolls just as quickly as possible, provided the City obtains what it desires. Mr. Weller concurred, but stated that, in fairness, this factor ought not to be any major consideration in the zoning question. Upon Councilman Collischonn's query, further explanation was given by Mr. Weller and Mr. Travers concerning the population increase. Councilman Petersen asked Mr. Schoenfeld if he would have preferred that this area be rezoned to a lower density - to "R-3PD", for example - to which Mr. Schoenfeld replied that his personal opinion is that this land is functionally better suited for the purpose for which it was originally zoned, namely "A-P" - simply because, on a functional basis and since this land is contiguous with the major hospital facility of the community, its highest and best use would be for a related type of activity. However, this is not to say that if there does not exist any demand for said activity, the land could not be used for some other purpose and, in the opinion of the Planning Board, the best alternate use was recommended to the Council. Coencilman Collischonn thereupon moved the Council sustain the action of the Planning Board in recommending said rezoning of this property from "A-P" District to "R-L1.PD" District and grant the reclassification as requested. The motion was seconded by Councilman Schacht. Speaking on the question, Councilman Freeman requested that Mr. Travers proceed with the filing of a petition covering all of the parcels desired to be rezoned for develop- ment in order to eliminate separate hearings. Mr. Travers stated he had already agreed to do this at the recent meeting with the City Manager and there will be an overall plan presented at that time. The question was then put and the motion carried on the following roll can vote. Ayes: Five. Noes: None, Absent: None, F F N yF F h h h Nh X N NAN nnz, nn n z vzz F ANY NFY NF h NY? NN- NN N N XNN h N The matter was then referred to "Introduction of Ordinances". 1 21. Next presented was the matter of the reclassification of certain property located at Stanton Street and Lincoln Avenue, from "R-2", Two-Family District, to "C-1", Neighborhood Business District - as initiated by Council Resolution No. 5833. The Planning Board has recommended the present zone be maintained. The Clerk stated the Affidavit of Publication of the Notice of Hearing is on file. Also noted was a letter of protest against the proposed rezoning from Mr. Morris Schwartz, who owns property in the 1200-block on Lincoln Avenue. This communication had been read at the last Council meeting, as well as a petition signed by 208 resi- dents in the area who were in favor of the contemplated rezoning, and they were, at that time, referred to the Hearing in the matter. The letters presented earlier in this meeting, from Mr. and. Mrs. Walt Tresemer, Amelia V. Lagorio, Mrs. McClaren, Nellie 1. Reed and Alice Holmes, were also given consideration at this time. In response to Councilman Schacht's question, Mr. Schoenfeld explained the specific area involved - the three lots fronting on Lincoln Avenue immediately oast of Stanton Street. It was developed that the grocery store in question was in conformity with the zoning regulations at the time it was established. Mr. Schoenfeld stated, how- ever, the Planning Staff had made an investigation and had found that the area involved was adequately served by the existing commercial districts at Grand Street and Bay Street, as well as by another district now zoned for commercial use on Buena Vista Avenue between Benton and Arbor Streets. He pointed out this non-conforming business can continue as before. It was brought out, however, that no expansion could be made without the rezoning as requested. Following further discussion, Councilman Petersen said he felt there is ample evidence to show there is a need in this area for an enlarged business district and he moved the Council reverse the action of the Planning Board and reclassify this property from "R-2" District to "C-1" District. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances". REPORTS OF OFFICERS, BOARDS, ETCETERA: 22. From City Planning Board, recommending denial of the request from Standard Oil Company for the reclassification of its property located at Versailles Avenue and Fernside Boulevard, from "R-2", Two-Family District and "C-1", Neighborhood Business District, to "M-1", Intermediate Industrial District. In connection with this matter, the Clerk read a petition in favor of the requested rezoning, dated October 1, 1958, and signed by 330 residents. The petition was accom- panied by a copy of Resolution No. 5901, adopted by the Board of Directors of Alameda Chamber of Commerce on September 12, 1958. The Hearing on this matter was set for the Council meeting to be hold October 21, 1958, and the Clerk was directed to advertise a Notice accordingly. 23 From City Planning Board, recommending denial of request from Dr. Paul R. and Mrs. Astrid E. Shumaker to reclassify their property located on the east side of Willow Street, south of Clinton Avenue, from "R-3PD", Garden Apartment District, to "A-P", Administrative-Professional District. The Hearing on this matter was also set for the Council meeting of October 21, 1958, and the Clerk was instructed to advertise a Notice to that effect. 21. From City Planning Board, recommending approval of the Record of Survey Map, filed by Anthony Enterprises, Inc., for the division of Lots Nos. 2, 3 and 4, Block 4 of Tract No, 1866, South Shore Unit No. 1 - together with the variance as to the frontage and area of Lot No. 4; that the setbacks evidenced by existing strUctures on Lots Nos. 2 and 3 be allowed on Lots Nos. 1 and L; and, further, that the telephone easement on Lot No. 3 be settled to the satisfaction of the City Engineer and The Pacific Telephone and Telegraph Company. Councilman Freeman moved the Council accept the recommendation of the Board and approve the Record of Survey Map subject to the several conditions and approval of the City Engineer, and the recordation of the Record of Survey Map. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. 1 25. From City Treasurer, requesting replenishment of the Cash Difference Fund in the amount of A100. This Fund was created by Resolution No. 430, adopted March 20, 1951, allocating $100. thereto and there has been no need for reimbursement until now. The matter was referred to "Resolutions". INTRODUCTION OF ORDINANCES: 26. Councilman Collischonn introduced the following ordinance, after which it was laid over under provision of law and the Charter: 14: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda 107 Amending Zoning, Ordinance No. 1277, New Series." (Willow Street and Otis Drive - South Shore Land Co.) 27. 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 Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 12 7 7 , New Series." (Lincoln Avenue and Stanton Street - Wongs) UNFINISHED BUSINESS: 28. The matter was presented concerning the division of land owned by Mr. Denzil Patterson at 2422 Roosevelt Drive and the approval of a ecord of Survey Map, under certain conditions, in compliance with recommendations of the City Engineer and as recommended by the Planning Board. In response to councilman Freeman's query, Mr. Annibale replied the City is requiring that Mr. Patterson agree to construct sidewalks, a certain driveway and a lagoon wall and further, that he transfer to the City the necessary easement for storm water drainage purposes. Councilman Schacht thereupon moved the Record of Survey Map be approved, sub ject to the conditions as set forth in the City Engineer's report to the Planning Board and to the Council, including the addenda thereto. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 29. At this time, the President called upon the City Manager for his report and recommendation on the bids received for the Sale of Bonds in connection with the Bay Farm Assessment District No. 58-1. Mr. Weller stated the bids have been tabulated and the "lowest" bid was submitted by C. N. White & Co. at a total cost for the issue of 9,685.27 which produces an effective rate of interest of about L. 6o6 C. N. White cent. He, therefore, recommended the award of sale be made to .606 per & Co. in conformity with its bid as submitted. To expedite the action in this matter for the benefit of interested persons in the audience, and there being no objections, the order of business was referred to "Resolutions". RESOLUTIONS: 30. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 58h6 A hesolution Awarding Sale of Bonds - Bay Farm Island Assessment District No, 58-1." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The order of business was then referred back to "New B usiness". NEW BUSINESS: V 31. Councilman Petersen asked if it would be feasible to establish stop signs at the intersection of Clinton Avenue and Willow Street. He said there is heavy traffic at this location and he felt the matter should be investigated. There being no objections, the matter was referred to the City Manager for investiga- tion by the Chief of Police. 32. Upon re quest of Councilman Petersen, Mr. Annibale called attention to the street area of the block on Benton Street between Pacific and Buena Vista Avenues. Three- quarters of this block is owned by Encinal Terminals and one-quarter remains in resi- dential property. There is apparently a dedicated. City street which runs through there, but which the City Council on many previous occasions has determined it does not need. It has never been formally abandoned by the Council and, at the present time, there is some litigation to quiet title on the area but the City has not appeared in the matter for the simple reason the City has no interest in it. He suggested, perhaps, if the Council so desires, this would be the proper time to commence action to abandon that street and if the Council would so direct him, he would prepare a declaration of intention to abandon said street and have it ready for the next meeting of the Council. Mr. Annibale explained that a Hearing would be held and then an order to vacate and abandon the area could be made. 48 Following some discussion, the matter was referred to the City Engineer and the City Attorney for study and recommendation to the Council through the City Manager. If it is believed that an abandonment is in order, a Resolution of Intention will be prepared for the next Council meeting. There being no objections, it was so ordered. Mr. Annibale mentioned that Councilman Petersen has spoken of the hazardous condition of the "roadway" and he stated the City Engineer should investigate this danger and take whatever immediate action is necessary in order to safeguard the public interests. Mr. Annibale pointed out the mere act of vacating the street would not erect any safety features on the existing installation, and he felt it would be in order to direct the City Engineer to check this particular area to determine what safeguards are necessary to protect the public interests. It was so ordered. 3 At this time, Councilman Petersen also inquired about the decision concerning the proposed installation of traffic signals at San Jose Avenue and Park Street. Mr. Weller stated he would check on the report and see that it is forwarded to the Councilmen. 34. The matter was submitted with regard to ratification of permission granted by the City Manager to Alameda Chamber of Commerce to utilize City of Alameda Off-Street Parking Lots "A", "C" and "W" during "Harvest Sales Days" on October 1, 2, 3 and 4, at the total rental of 130. Councilman Freeman moved said permission be ratified. The motion was seconded by Councilman Schacht and unanimously carried. 35. Councilman Collischonn stated that on the ballot at the November General Election will be the measure concerning the bond issue for the Alameda-Contra Costa Rapid Transit District in the amount of approximately 19,000,000. He said he felt it is highly important to the residents of these two counties and equally important to the City of Alameda. He suggested the Council adopt a resolution in favor of the passage of the bond issue, but he also felt the Council should make known the kind of service it expects to get after the bond issue is passed. Councilman Freeman agreed Councilman Collischonn has brought up an excellent point, but she stated the City of Alameda is not, at this time, even included in the transit plan as now contemplated. She suggested the City ascertain where it stands before the election. Councilman Collischonn explained that the bond issue does not cover rapid transit, as such - but rather, the acquisition of equipment and Key System's assets. He felt that what affects Alameda County generally, affects Alameda City specifically, and he believes the Council would be remiss if it did not express itself in favor of the bond issue and, at the same time, make its demands upon the Transit District that Alameda be given proper consideration at least to the extent of b eing provided with better equipment for transportation. Following some discussion, it was agreed a resolution would be prepared for adoption at the next meeting of the Council on October 21 and, during the interim, the City Manager would contact Mr. Robert E. Nisbet, Attorney-Secretary for the District, and the new General Manager thereof and ascertain actually what Alameda can look forward to in this respect. It was so determined. V 36. President McCall spoke of the lack of transportation to the South Shore Shopping Center and also the poor service to Bay Farm Island. He suggested the Council sub- mit a formal request to Key System to provide adequate service. Councilman Schacht thereupon moved the City Clerk be directed towrite to Key System Transit Lines requesting it to take the necessary steps to provide transportation to the South Shore. The motion was seconded by Councilman Freeman and unanimously carried. RESOLUTIONS: 4 37. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5847 Authorizing Attendance of Members of the Council, Officers and Employees of the City of Alameda at The Annual Conference of the League of California Cities to be Held at Los Angeles." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 4 38. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5848 Authorizing the Execution of an Agreement by and Between the City of Alameda and Watson Communication Engineering, Relating to the Maintenance of City- Owned Radio Equipment, and a Leasing Agreement with Watson Communication Systems, Inc., Relating to the Leasing of Radio Equipment." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 39. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5849 Ordering the Vacation of a Portion of Ninth Street, in 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. Not Voting: Council- man Schacht, (1). Absent: None. L0. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 58 0 Authorizing Execution of Contract with Alameda Chamber of Commerce for Advertising for the Fiscal Year Ending June 30, 1959, and Appropriating $19,000. for Such Purposes." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 41. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5851 Replenishing the Cash Difference Fund for t e Treasurer and Tax Collector in the Amount of 10_00.00." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5852 Adopting Specifications, Special Provisions and Plans for Installation of Sanitary Sewers in Lincoln Avenue Between Fountain Street and High Street, in Fountain Street Between Lincoln and Santa Clara Avenues, and in Washington Street Between Fountain and Court Streets, Calling for Bids and Directing 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: Five. Noes: None. Absent: None. )0. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5853 IN MEMORIAM TO MR. WILLIAM R. FRANCIS "WITH GREAT SORROW, the Council of the City of Alameda records the death of one of its former employees, Mr. WILLIAM R. FRANCIS, who, at the time of his retirement, was employed as a Carpenter-Foreman in the Street Department. Mr. 1rancis had started his employment with the City Decem- ber 8, 1938, and had retired October 1, 1953. "WHEREAS, Mr. 2rancis had been a very efficient craftsman and had always been most diligent in performing the duties of his job; "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of his capable service and his friendly cooperation with all of his fellow workers, the Council of the City of Alameda hereby expresses its sense of personal loss and its gratitude for the loyal and excellent workmanship exemplified by Mr. Francis. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and a copy thereof be forwarded to the family of Mr. Francis, that it may extend to its members a sincere expression of sympathy and condolence in their 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. WILLIAM R. FRANCIS." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 44. "Ordinance No. 1282, New Series An Ordinance Authorizing the Exchange of Certain Easements for Storm Water Sewer Purposes." (Patterson property - 2422 Roosevelt Drive) Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 45. Agreement - Between City of Alameda and. Watson Communication Engineering. 46. Leasing Agreement - Between City of Alameda and Watson Communication Systems, Inc V. Contract - Between City of Alameda and Alameda Chamber of Commerce, for publicizing the City during fiscal year 1958-1959. 48. Specifications, Special Provisions and Plans No. PW 10-58-14 - for Installa- tion of Sanitary Sewers in Various Locations. 49. Financial and Operating Report - Department of Public Utilities as of August 31, 1958 - Verified by Hackleman & Larzelere. BILLS: 50. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of A39,297.71, 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 moved the bills as itemized in the List of Claims filed with the City Clerk on October 7, 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: Five. Noes: None. Absent: None. J 51. At this point, President McCall reported on the status of the construction of the Small Boat Ramp at the north end of Grand Street. The third call for bids is now in progress and the City will be notified about the results. He mentioned that he had recently taken several interested officials on a tour of the City to inspect its water facilities - among them was Mr. H. G. Stevens, the new Chief of the Divi- sion of Small Craft Harbors, who was amazed and especially impressed with the poten- tial yacht harbor facilities at the Alameda Reserve Training Station (United States Maritime Training School). Mr. Stevens had assured him that either in January or February of next year the Small Craft Harbors Commission will hold a meeting in Alameda, at which time the City will have an opportunity to display its water facili- ties to all the members and the Council will be able to discuss the entire situation with them. Councilman Freeman stated she felt this report is most encouraging and complimented President McCall on the fine job he has done in this respect. She thought the Coun- cil could help at this time by making inquiry of the U. S. Corps of Engineers as to what it proposes to do about the channel in San Leandro Bay - since the first step must be initiated by a governmental agency. She pointed out this could be done now and its being on the record that the City is interested andwants to know about the plans would be of help. President McCall explained he had already asked the City Manager to ascertain from the Corps exactly what the status is. Councilman Freeman stated this matter has not formally been before the Council and she thought this was an opportune time to get it officially on the floor. Councilman Schacht also commended the President for his activities in this matter and stated the Council is indebted to him for his efforts. There being no objections, it was determined that the City Manager would forward said inquiry to the U. S. Corps of Engineers. ADJOURNMENT: 52. President McCall asked that all stand for a moment of silence in respect to the memory of Mr. WILLIAM R. FRANCIS. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, October 21, 1958, at 7:30 o'clock. Respectfully submitted,