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1958-11-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, NOVEMBER 18, 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 an inspiring Invocation delivered by The Reverend Dr. Robert D. Bulkley, Minister of First Pres- byterian 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 November 5, 1958, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, confirming the withdrawal of Tentative Map of Tract No. 1941, in its present form - and requesting the refund of the filing fee of X117. Councilman Collischonn stated that, in view of the opinion of the City Attorney that the City's regulations do not permit the return of filing fees except in cases where they have been collected erroneously, he would move the request for the refund be denied. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 3: From Public Utilities Commission, signed by Mr. R. J. Pajalich, Secretary, con- cerning an extension of bus service to the South Shore Shopping Center by Key System Transit Lines and stating an application to this effect would receive prompt attention. 4. From Key System Transit Lines, signed by Mr. E. Sam Davis, Traffic Engineer, reiterating the route of its Motor Coach Line No. 64 as proposed in its letter of November 3, 1958, which was discussed at the last meeting, to provide public trans- portation to the Shopping Center, to wit: south. on Park Street, west through the ''Center ", north to Otis Drive, west to Willow Street, north to San Jose Avenue and then continue on the existing route. It was also pointed out this route would necessitate the prohibition of parking on both sides of Willow Street, between San Jose and Clinton Avenues, during the operation of this service. Considerable discussion ensued on this subject. Mr. Gus Levy, 3100 Gibbons Drive, spoke on behalf of the merchants in the Shopping Center, stating he operated stores both on Park Street and in the "Center ". Mr. Levy pointed out the lack of trans- portation to the Center is a vital problem to the merchants and it is depriving a great many people in Alameda from having an opportunity to get the services and benefits the Center offers. The inconveniences to the few people who use the bus along San Jose Avenue between Park and Willow Streets would be more than offset by the advantages to be derived by all of the people in Alameda who would like to shop in the South Shore Center and who now have no public transportation to get there. It was the consensus of the Council that the principal object at this time is to pro- vide transportation as quickly as possible. Therefore, Councilman Petersen moved the route proposed by Key System Transit Lines, in its letter of November 3, 1958, be established on a ninety -day trial basis, subject to review prior to the termina- tion of that period to ascertain its effectiveness - and that parking on both sides of Willow Street between Clinton and San Jose Avenues be prohibited by administrative authority of the Chief of Police during this time. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. J 5. From Messrs. Lester H. Brooks and William F. Simpson, 1720 and 1724 Tregloan Court, respectively, requesting a survey be made to determine the improvements required to bring this street up to standard - and an assessment district be set up to accomplish said work. Councilman Freeman moved the matter be referred to the City Engineer for an up -to- date survey of the situation to determine the interest of all residents of the block in the requested procedure. The motion was seconded by Councilman Schacht and unani- mously carried. 6. From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, requesting approval of the Final Map of Tract No. 1947, bounded by the west side of Willow Street, Whitehall Place, Whitehall Road and Franciscan Way. During the course of the discussion the twenty - four -foot width of Raleigh Place was questioned and Mr. Hanna explained that this street is specifically for the purpose of providing access to the garages which line both sides of this very narrow street. There are no sidewalks involved, it will be paved up to the garages, the floors of which will also be paved. This is a special circumstance which is not comparable to most of the City's public streets. In response to President McCall's question, Mr. Hanna replied this street will adequately serve its purpose. It was developed that this will be a public street and will be maintained by the City. Mr. Hanna remarked that the public would not have much interest in going through it, although it would have the right to do so. He stated several utility lines will run through this service road. Mr. Calvin Jones, Civil Engineer of the firm of Jones, Thenn & Associates, pointed out this map has been referred to both the Planning Board and the Council and has been approved by each Body in the Tentative Map stage. This Final Map conforms identically to the Tentative Map which was previously submitted. Councilman Collischonn moved the Council approve the Final Map of Tract No. 1947. The motion was seconded by Councilman Schacht and on roll call carried by the follow- ing vote. Ayes: Five. Noes: None. Absent: None. 7�. From Mr. Albert E. Mansfield, 20202 Clinton Avenue, submitting a claim against the City of Alameda in the amount of $20,000. for damages sustained by his property through operation of the lagoon system. There being no objections, President McCall stated the matter would be referred to the City's insurance carrier. ORAL COMMUNICATIONS: 8' Mr. Frank Gottstein, 731 Haight Avenue, spoke of observing several boys riding bicycles at night without any lights and said he thought the police should be alert to this hazardous practice. Mr. Gottstein also stated he had counted a number of commercial vehicles operating in the City without the display of the "decal" which indicates the party has paid his business license. He felt the City is possibly losing some revenue through this source because companies located in other cities whose trucks deliver in Alameda are possibly not licensed to do so. He said the police officers should check on these trucks where no decal is visible to make sure a license has been procured. It was agreed the City Manager should review the situation and submit a memorandum to the Councilmen informing them of this phase of the business license provisions. HEARINGS: 9. Continued from the last meeting was the matter of the reclassification of the " Shumaker" property on the east side of Willow Street, south of Clinton Avenue, from "R -3PD" District to "A -P" District. The Clerk read a letter from Paul R. Shumaker, M. D., requesting a further continu- ance of the Hearing on this subject. Upon inquiry if there were any objections to the continuation, there was no response. Dr. Shumaker addressed the Council, stating he has had a conference with South Shore Land Co. officials since writing his letter and he believes negotiations are progress- ing. He suggested a statement from Mr. Travers would be in order at this time. Upon advice of the City Attorney, Councilman Freeman moved the Hearing on this matter be continued to the meeting of December 2, 1958. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Mr. Travers, Vice President of South Shore and Co., was then called upon and stated substantial agreement had been reached with Dr. Shumaker. He outlined the technical problems involved. The Company's land has been rezoned to the "R -4PD" District and in the even exchange of land the three lots of Dr. Shumaker would remain in their pre- sent zone of "R- 3PD ", but the portion of the area of the Company's land to be given to Dr. Shumaker would have to be reclassified to "A -P" District for his contemplated medical building. The removal of the parcel adjacent to the Alameda Hospital reserve makes it virtually mandatory to re -align the Company's area due to its reduced size. He stated Mr. Liles, Architect, has prepared a preliminary plan which has been reviewed by the Planning Director. However, it is necessary that the Company have assurance that the plan would be acceptable before it can proceed to actually close its nego- tiations with Dr. Shumaker. Mr. Liles then displayed a sketch of the proposed development of the garden- apartment units. In response to Councilman Freeman's question, Mr. Liles replied the density under the new plan would be relatively the same as originally designed, although there are several more units planned. Councilman Collischonn said he felt it is worthy of note that these two interests, through cooperative negotiations, have been able to accomplish something which will be of mutual benefit to the City and themselves. He stated they can be assured, at least when it reaches this Body, there will be no opposition to the necessary rezoning of Dr. Shumaker's new parcel. 10. The matter was called up concerning the reclassification of property owned by Jalil and Wadad Jaber, known as the first parcel east of 704 Flower Lane - from "C -1 ", Neighborhood Business District, to "R -2 ", Two- Family Residence District. The Planning Board has recommended said rezoning. The Clerk stated the Affidavit of Publication of the Notice of Hearing was on file, together with pertinent data from the Planning Board and Planning Director. The City Attorney stated this Hearing is held pursuant to provisions of the Alameda Municipal Code, Sections 11 -171 to 11 -177, both inclusive. Mr. Schoenfeld, Planning Director, with the aid of a map of the developed area of Bay Farm Island, explained the land use and zoning in question. He pointed out there is a twenty -unit apartment house now being constructed across the street from the property and a six -unit dwelling located diagonally across the intersection of Flower Lane and Maitland Drive. The lot requested to be rezoned is vacant land adjoining property also owned by Mr. Jaber, which is in a local business zone. He pointed out, however, the remainder of the block in which this property is located is zoned entirely in the "R -1 ", Single- Family Residence District. Mr. Schoenfeld stated the Planning Board reviewed the matter and, in its opinion, could see no harm to be done in recommending the reclassification of this lot to a two - family zone, inasmuch as it is adjacent to a commercial district. He referred to his memorandum of November 13, 1958, to the City Manager, setting forth his opinion of the situa- tion, copies of which had been sent to the Councilmen. He said the Planning staff had recommended against the rezoning of this property and cannot concur with the action of the Board. He explained that, in his opinion, the lot in question should . be used only for single- family purposes since ninety -nine per cent of the block is in "R -1 ", Single- Family District. He believes the rezoning would result in "spot zoning" of the worst order. He felt it should be kept in mind that zoning should be done on an area -wide basis as much as possible - otherwise, the City will find itself reverting to the practice of the early days of zoning during which any time anyone presented what appeared to be a very appealing case he was granted the rezoning. This would mean that, quite soon, there would be a complete breakdown of the Zoning Map and the City would be worse off than if it had none at all. Mr. Jalil Jaber, 109 Maitland Drive, the petitioner, stated he wanted to have this particular lot rezoned because there is no demand for business use of the property now. He said he has checked with his neighbors and they agree a building will be a great improvement over a vacant lot. It was developed that he planned to construct a two - story, two - family dwelling - the height of which could not exceed thirty feet. There would also be garages within the structure. Mrs. Ella May Waterbury, 338 Beach Road, stated she could not understand the opposi- tion to this rezoning when it would allow the construction of anew building which_ would improve the neighborhood. President McCall inquired if there were any opponents present who wished to be heard in protest and there was no response. The Hearing was thereupon declared closed. Councilman Schacht moved the recommendation of the Planning Board be sustained and the petition for rezoning be granted, to reclassify the property described from the "C -1 ", Neighborhood Business District, to the "R -2 ", Two - Family Residence District. The motion was seconded by Councilman Petersen and on roll call carried by the follow- ing vote. Ayes: Four. Not Voting: Councilman Freeman, (1). Noes: None., Absent: None. The Clerk stated an ordinance covering this rezoning has been prepared which could be introduced at the proper time if the Council so desires. The matter was then referred to "Introduction of Ordinances ". At this time, President McCall recognized and introduced retired Fire Chief Thomas M. Lane, with the comment that he had given great service to the community for many, many years. Chief Lane was welcomed by a round of applause. REPORTS OF Or'FICERS, BOARDS, ETCETERA: 11. From the City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending the approval of Tentative Map of Tract No. 1986, South Shore Unit No. 3, subject to the conditions specified. Councilman Freeman stated the Map does not conform to the Fill Agreement between the City of Alameda and Utah Construction Company. She contended the provisions of the Agreement require that lot areas east of Park Street and within the area for a dis- tance of two hundred sixty feet south of the northerly line of "Utah's" property, be six thousand square feet and the Map does not show this regulation has been met. Mr. Hanna stated the Fill Agreement provides that this requirement is one which has to be exercised by the City Council - it isn't automatically implemented, without specific action by the Council. He thereupon read Paragraph 9(b) of the Agreement. Mr. Hanson stated any condition in the Agreement can, of course, be waived by the City Council, and his interpretation of the section just read is that the right is set forth and it may be exercised. He said he would want to review the document com- pletely to be certain but, at this time, it is his opinion the Council can waive this requirement. Following further discussion, Mr. Hanna reiterated that the right of the Council to waive this particular requirement is already stipulated in the Agreement - it just has to be exercised, and it can be done simply by a motion. He emphasized the Council does not have the time, legally, in accordance with the State Subdivision Map Act or the City's own Subdivision Ordinance, to amend the Agreement by ordinance because the Council has ten days from the date the Map is submitted within which to act on the Tentative Map - or it is assumed by law that it is approved. Councilmen Petersen and Freeman were concerned about the perimeter road and asked Mr. Travers if Shoreline Drive is to be extended around the perimeter of the fill area. They stated the map shows the Drive extending in a straight line to Broadway, rather than curving around the perimeter as indicated in "Exhibit 'A'" of the Agreement. Mr. Travers stated this Tentative: Map encompasses the area only between Park Street and Broadway and it shows Shoreline Drive running along the perimeter between those two streets. This is the only area under consideration at this meeting - the remain- der of the development easterly will come in at a later date under subsequent Tenta- tive Maps. The planning is not yet complete, but the Company is cooperating fully with the Planning Department, through the City Manager's office, and a study is now under way. Councilman Freeman then asked if the lagoon plan shown for this area agrees with the lagoon plan of the Reclamation District as indicated on its Exhibit A -1 -C, in effect on September 19, 1958. (Merely the date when the City Engineer had sent the copy of the map out). After reviewing said exhibit, which, was procured from the City Clerk's files, Mr. Hanna stated the revised Reclamation District Map shows the lagoon system in a dif- ferent configuration than is shown on this Tentative Map. In response to Councilman Freeman's question, Mr. Hanson stated the Council can set the plan and the configura- tion of the lagoon system would have to be amended. Upon inquiry, Mr. Jones stated the lagoon system as shown on the Tentative Map is the way it actually exists now. He also said he had no knowledge there was a Reclamation District drawing showing the lagoon, as such. Mr. Hanna then explained that the actual construction of the lagoons conforms very closely to the approved preliminary plan and, as he recalls, the reason for the change from the "clover" pattern is because of the soil conditions in the area east of Park Street. It was originally contemplated to construct the lagoon in this clover shape at this location - however, the soil conditions would n of permit, the variations in the perimeter there and so it was smoothed out to the existing gradual curve. Councilman Freeman asked what the Council's position is - can it legally proceed to approve the Map, which is contrary to the Map of the Reclamation District? Mr. Hanson replied that he felt the City Engineer would be best able to say whether this lagoon system as shown on the Tentative Map and which is now in existence is in com- pliance with the general plan of the "District's" map on file. He said that, since it is in the same general area and if it accomplishes the same general purpose, there would be no problem. Mr. Hanna stated there has been a fair separation between the Reclamation District and the subdivision work itself. The Reclamation District project is to reclaim land which is otherwise periodically flooded - the subdivision work is almost a separate program on land once it is reclaimed. Consequently, if there is a problem with regard to configuration, he said he would think it would have to be taken up with the District. Mr. Hanson asked if he saw any problem in the existing configuration as compared to the one in Exhibit A -1 -C and Mr. Hanna replied in the negative, stating the initial considerations are based on the reservoir area, water service, run -off quantities, etcetera, for drainage purposes, and very little consideration for recreational or aesthetical purposes. It would be his belief that a reservoir of one shape is equiva- lent to a reservoir of a different shape, if the areas are the same - which is so in this case. Councilman Collischonn moved the Council approve the Tentative Map of Tract No. 1986, subject to the conditions established by the Planning Board in its adjourned regular meeting of November 3, 1958, its regular meeting of November 10, 1958, and summarized in the Planning Director's letter of November 14, 1958. Councilman Schacht asked Mr. Hanna if he had any engineering recommendations to make in this matter. Mr. Hanna explained that his Department has made a number of studies and comparisons which have been incorporated in the Engineer's Report, have been reviewed by the Planning Board and included in its recommendation. Councilman Schacht then seconded the motion. A lengthy discussion ensued concerning the deletion of the mud dike at the end of Delmar Avenue, probable amendment of the Fill Agreement in this respect, beach retention, lagoon system in general and the responsibilities in connection with its maintenance, etcetera - all of which, it was finally determined, was irrelevant to the specific area covered by this Tentative Map. The question was then put and the motion carried on the following vote. Ayes: Five. Noes: None. Absent: None. 12. From the City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending the approval of Tentative Map of Tract No. 1992, subject to certain conditions speci- fically covered in the minutes of the Board meeting of November 10, 1958. This Tract is located west of Pearl Street, south of Otis Drive and being developed by Mr. Michael Tilles. The area contains five lots. Councilman Freeman called attention to the fact the subdivider had not made a "state- ment" as required by the Subdivision Ordinance. Mr. Philip N. Storrs, Civil Engineer for the project, explained that he inadvertently omitted on the Map a statement to the effect that the property is vacant and the proposed use of the land is for build- ing single- family residences. He stated these facts were brought out at the Board meeting and are embodied in the minutes thereof. Mr. Hanson stated he felt it would be a very simple matter to have said statement written and filed with the City Clerk at this time. Councilman Freeman stated she noticed there was no provision for tree - planting and landscaping features and no comment at allebout them. Mr. Schoenfeld stated this matter was very thoroughly discussed by the Board and it was felt that, because of the narrowness of the private access road into these lots, it would not be practical to require the subdivider to provide any tree planting. He pointed out this is a private court and the individual owners will have a right to plant whatever they desire. Reference was also made to Resolutions Nos. 5586 and 5587, adopted by the Council on April 9, 1957, and Councilman Freeman inquired how they affect this subdivision. Mr. Hanna stated Resolution No. 5587 orders the vacation of a portion of Pearl Street, southerly from the cul -de -sac, and Resolution No. 5586 establishes the time when such vacation becomes effective. Mr. Hanna explained that the vacation takes effect when the street improvements are constructed in accordance with the plan w hich is on file in the City Engineer's office. This plan calls for a cul -de -sac of sixty -six feet closed space between curbs. At the Board meeting it was found that the property owner on the east side was reluctant to give up the necessary three and one -half feet of his land needed to implement the sixty -six -foot radius. Mr. Hanna stated a lesser radius of fifty -nine feet can be utilized with reasonable facility and so it was recommended the dimensions be modified so that all construction work would be done in the public right -of -way and none would be done behind the private property lines. He said it seemed proper that the resolutions should be modified, based on the latest thinking which results from this meeting. It was developed that it would be necessary to abandon an additional small portion of Pearl Street and Mr. Hanson stated it would then be necessary to set up the procedure and hold a hearing on 'that extra portion contemplated to be abandoned. However, fol- lowing further discussion and explanation by the City Engineer, Mr. Hanson stated he did not think the abandonment in any way affects the action the Council may wish to take on the Tentative Map at this meeting. The vacation proceedings would not affect the subdivision project - the Council may act on the Tentative Map if it so desires and then a Resolution of Intention can be prepared to start the procedure for aban- doning the additional portion of Pearl Street in question. Mr. Schoenfeld pointed out the eventual abandonment of the additional portion of Pearl Street is important to the subdivider inasmuch as he is predicating his plans upon obtaining a certain number of feet in this area - and before he can proceed with his Final Map he has to know if he is going to have them. In response to Councilman Collischonn's question, Mr. Schoenfeld replied that he recom- mends the approval of the Tentative Map, with the conditions noted. Councilman Schacht thereupon moved the adoption of the recommendation of the Planning Board; that the Tentative Map of Tract No. 1992 be approved subject to the conditions specified by the Board in the minutes of its meeting of November 10, 1958, including the City Engineer's Report of November 7, 1958, and the statement marked "Exhibit A ", all appended to the Map. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilman Petersen then moved the City Attorney be instructed to prepare a Resolution of Intention to abandon a certain portion of the southerly end of Pearl Street. The motion was seconded by Councilman Collischonn and unanimously carried. 13. From the City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending the reclassification of property located at the north end of Pearl Street, owned by Powell Bros., Inc., from the "ML ",Limited Industrial (Manufacturing) District, to the "M -2 ", General Industrial (Manufacturing) District. Councilman Freeman moved the Hearing on this matter be set for the meeting of Decem- ber 2, 1958, and the City Clerk be directed to publish a Notice to this effect. The motion was seconded by Councilman Schacht and unanimously carried. 14. From the City Manager, requesting the Council authorize the removal of the special fee for catering services at the Bay Farm Recreation Center, as recommended by the Recreation Commission in its letter of October 20, 1958. Councilman Collischonn moved the recommendation of the Recreation Commission be accepted and the special fee for catering services at this Recreation Center be eliminated. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 1 15. From the City Manager, recommending contract be awarded to Morris Landy Motors, low bidder, for furnishing five Sedans to the Police Department at the total price of 112,412.40 and also, that no trade -in vehicles be offered but, instead, these cars be sold at auction. Councilman Schacht moved the recommendation be adopted; that contract be awarded to this firm for furnishing the Sedans in question at the price quoted, the bid bonds or checks be returned to the unsuccessful bidder and the old vehicles be sold at auction. The motion was seconded by Councilman Freeman and on roll call carried by the follow- ing vote. Ayes: Five. Noes: None. Absent: None. 16. From the City Manager, recommending contract be awarded to The A. Lietz Co., low bidder, for furnishing one 42 -inch, Dry Diazo -type White Printing Machine to the Engineering Department at the price of 82,215., plus four per cent sales tax. Councilman Collischonn moved the recommendation be approved; that contract be awarded to the specified firm for furnishing this equipment at the price quoted and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 17. Councilman Schacht introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Subsection (3) of Section 11 -1342 of the Alameda Municipal Code, Relating to Uses Permitted in the ML Limited Industrial Manufacturing District, and Adding Thereto a New Section Numbered 11- 1229.1, Defining 'Motor Truck Terminals'." Mr. Schoenfeld commented on the definition of a Motor Truck Terminal which he had set up, and passed copies to the Councilmen for their information as to the actual lan- guage. He explained the "limit of twelve to be served during any one twenty - four -hour period" is purely arbitrary there being no common pattern in ordinances throughout the country - it seems each community decides what it wants to tolerate from operations which have trucking in connection therewith. He stated that, in his judgment, twelve is a fair figure - and he has been in contact with the attorney for Signal Oil Company, who has given him a preliminary picture which indicates there are times when there are more trucks parked on the premises, but it is for only very brief, peak periods. The average number is well under twelve and he believes that, unless someone can show this number is unduly restrictive, this figure will do the job. In response to Councilman Collischonn, Mr. Schoenfeld stated this would apply in any operation of a distribution activity where storage is permitted because it is naturally assumed there will be trucking in connection with it. As long as that operation does not involve the shipment, storage, unloading, servicing or parking of vehicles in excess of one -ton capacity, it would not be considered a "trucking terminal ". Any time the operation has over twelve trucks of that size then, perhaps, it ought to b e in an "M -1' or "M -2" District. Following considerable discussion about the proper procedure in amending the Municipal Code, relating to the "Zoning" section, it was ultimately agreed both of these items would be incorporated in the one ordinance and introduced at this meeting - then the matter would,be referred to the Planning Board for its consideration at a Hearing and would be returned to the Council with the Board's recommendation. 18. Councilman Petersen introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Jaber property, east of 704 Flower Lane) 19. Councilman Freeman introduced the following ordinance: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding to Title IV, Chapter 3, Article 2, a New Section Numbered 4 -322, Relating to the Operation of Power Boats Within Certain Areas." This ordinance is declared to be a measure of necessity for the immediate preservation of the public safety and shall take effect immediately upon its passage - due to the great danger to those using the lagoons for swimming and boating and a highly danger- ous situation now exists, which, in the interest of public health and safety, must be promptly corrected. The ordinance was then referred to "Ordinances for Passage ". UNFINISHED BUSINESS: 20. The matter was presented concerning the request of Reclamation District 2087 for City acceptance of beaches, between Park and Grand Streets, as of August 21, 1958. I- 4 Councilman Freeman asked if there is any provision in the Fill Agreement which stipu- lates the City must accept the beaches piecemeal or can the City delay and accept them all together. She pointed out the letter from the District had made no refer- ence, to the retention itself, although it is obligated for a period of three years. Mr. Hanson explained the District uses different terminology than is in the Agreement and he said he is not sure exactly what it does desire. He recommended Mr. Weller and certain other City officials meet with representatives of the District and /or Utah Construction Company to determine exactly what they want. He said the term "acceptance" is not spelled out in the Fill Agreement - it says, in effect, that three years after the "completion ", they no longer have any responsibility. He felt a more complete understanding between all parties should be established. Councilman Schacht moved the matter be referred to the City Manager and the City Attorney for a conference with those deemed necessary and a recommendation be sub- mitted to the Council. The motion was seconded by Councilman Freeman. Councilman Collischonn inquired of the City Manager if the motion encompasses all of his suggestions to the Council in his Agenda memorandum. Mr. Weller stated he believes it does - he has discussed the matter at some length with Mr. Hanson and there is this question about the conflict between the language in the Fill Agreement and the language in the District's letter. A further question has been raised about acceptance or certification of completion of a part of the beach as distinguished from the entire area and also, how far out the beach goes and what the responsibility of the City, thereafter would be. He felt they had quite clearly in mind what is to be ascertained and he anticipated no difficulty, feeling sure they can work with Utah. Councilman Collischonn stated he felt there is no reason why, in the future, if this conference results in a meeting of the minds of the principals, the portion of the beach which is recommended for acceptance now by the City Manager, cannot be accepted. Mr. We118r commented that, on the assumption that the City has that authority, it would be his recommendation - based also on the recommendation of the City Engineer. If the beach is, in fact, completed and the City has the authority and the obligation to accept it as completed - then, that would certainly be his recommendation. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. vf 21. Councilman Petersen referred to the dangerous situation on Benton Street, between Pacific and Buena Vista Avenues, recently presented by him - and asked that the City Manager have an investigation made to see what can be done to remove the parking structures which protrude into this narrow passageway. Upon request, Mr. Hanna explained that the westerly half of Benton Street in this block was not dedicated until fairly recently as a result of the rezoning of the area formerly occupied by the Pacific Housing Project upon the request of Alaska Packers Association. As a condition of the rezoning, the Association gave to the City a deed for the westerly half of Benton Street for public street purposes. The Association was also required to make the necessary street improvements there when the City Council would so desire. There were discussions on the subject and, due to the extent of said improvements which would amount to X50000., the Association objected on the grounds that the street was of no benefit to it as the land was not being used at that time. Consequently, these objections prevailed and the final deci- sion was that the Association would make the changes when so required by the City Council. Mr. Hanna said that if the Council now desires these projecting structures removed, a study could be made and a recommendation be submitted concerning the mini- mum improvement to be done at this time. Councilman Petersen stated the main problem confronting the people in this area, as he understands it, is that people park parallel into these island spots and they block off a portion of the street and make it hazardous for traffic to pass. He suggested that, possibly, if these parking spaces which protrude into the passageway were cut back so people could not park there it would suffice temporarily. In the interest of safety, Councilman Petersen felt something should be done to eliminate this hazard. Mr. Weller pointed out there has already been a recent investigation by the Engineer's Department and he would suggest that Mr. Hanna be requested to recheck the situation and submit a specific recommendation at the next meeting. In connection with this matter, President McCall stated he would like to know what Encinal Terminals proposes to do with the area here which was rezoned at the request of Alaska Packers Association. The land is lying dormant now and is being used par - tially for parking and it is in a deplorable condition. The situation should be rectified and he felt the Council should ascertain what is being contemplated for using the property. He stated the Council is justified in asking what they plan to do with the area. It was so ordered that the City Manager would make inquiry in this respect and the City Engineer would recheck the situation with regard to the obstructions in Benton Street and submit his recommendation. NEW BUSINESS: 22. Councilman Collischonn requested the matter of consideration of the adoption of a Workable Program be on the agenda for the next meeting of the Council. RESOLUTIONS: 23. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5863 Resolution of Intention to Order the Vacation of Morton Street, Northerly of Pacific Avenue, in the City of Alameda." 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. 24. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5864 Resolution of Intention to Order the Vacation of Public Utilities Easements in Block 6, Tract No. 1866, South Shore Unit No. I, in the City of Alameda." 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. 25. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5865 Authorizing Execution of Agreement Between Denzil R. and Olga M. Patterson and the City of Alameda, Relating to Conditions of Approval of Record of Survey. (2422 Roosevelt Drive) The motion to adopt s aid resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 26. The following resolution was introduced by Councilman Freeman, who moved its. adoption: "Resolution No. 5866 Waiving Strict Compliance of the Provisions of the Alameda Municipal Code in the Matter of Sick Leave of Frank Annibale, City Attorney." 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. 27. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5867 In Memoriam to Louis A. G. Tyken (Retired Employee of Department of Public Utilities) "WITH HEARTFELT GRIEF, the Council of the City of Alameda records the death of one of its former employees, MR. LOUIS A. G. TYKEN, who, at the time of his retirement, was employed as the Supervising Sub - Station Operator for the Department of Public Utilities. "WHEREAS, Mr. Tyken had started his employment with the City on July 29, 1941, and had retired on November 1, 1958, due to ill health; and "WHEREAS, Mr. Tyken had been a most efficient workman and had been held in high esteem for the diligent performance of his duties and his spirit of friendliness and cooperation with his associate employees. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of his many years of loyal service to the City and the affection felt for him by all with whom he associated, the Council of the City of Alameda hereby expresses its sense of personal loss and its appreciation for his steadfast devotion to duty. "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 widow of Mr. Tyken, 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. LOUIS A. G. TYKEN." r7 The motion to adopt said resolution was seconded by Councilman Freeman 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: 28. "Ordinance No. 1286, New Series An Ordinance Authorizing the Sale of Certain City- Owned Real Property to the Alaska Packers Association (Encinal Housing Project -- 22.3 Acres)." 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. 29. "Ordinance No. 1287, New Series An Ordinance Amending the Alameda Municipal Code by Adding to Title IV, Chapter 3, Article 2, a New Section Numbered 4 -322, Relating to the Operation of Power Boats Within Certain Areas." Councilman Freeman moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Five. Noes: None. Absent: None. This ordinance, being an emergency measure, becomes effective at once. FILING: 30. Financial Statement - Bureau of Electricity, as of September 30, 1958 - Verified by Hackleman & Larzelere. 31. Auditor's Financial Statement - City of Alameda, as of October 31, 1958 - Verified by Hackleman & Larzelere. 32. Agreement - Between City of Alameda and Denzil R. and Olga N. Patterson. Ayes: BILLS: 33. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $32,207.65, 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 November 18, 1958, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 34. There being no further business to come before the meeting, the President asked all to rise for a moment of silence and the Council thereupon adjourned in respect to the memory of Mr. Louis A. G. Tyken. The Council will assemble in regular session on Tuesday evening, December 2, 1958, at 7:30 o'clock. Respectfully submitted,