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1954-01-05 Regular CC Minutes48? REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, JANUARY 5, 1954 The meeting convened at 8:30 o'clock P. M. with President Sweeney presiding. ROLL CALL: The roll was called and Councilman Anderson, Jones, McCall, Moresi and President Sweeney, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held December 15, 1953, were approved as transcribed. OPENING OF BIDS: 2; One bid was received and read from Pete Alexander, 3406 - 35th Avenue, Oakland, California, for the operation of the refreshment concession in Washington, Lincoln, Krusi and McKinley Parks and Thompson Field, for the period commencing January 1, 1954, and ending December 31, 1955, for the total sum of $2,000. - in accordance with Specifications No. MS 12- 53 -12. The bid was accompanied by a Bank of America Money Order in the amount of 200. The bid was referred to the City Manager for study and recommendation. WRITTEN COMMUNICATIONS: From Mr. Lochiel M. King, 3224 Bayo Vista Avenue, with regard to the Southern Crossing and its Alameda west end connections. Mr. King suggested the Council take immediate steps to place this matter before the Toll Bridge Authority and urge upon it the necessity of including in its plans, in addition to the terminal on Bay Farm Island, a branch viaduct with terminal in the west end of Alameda. Councilman Jones moved the City Clerk be requested to write to Mr. King, thanking him for his letter and informing him that, at the present time, the Council is committed to the policy of carrying out the objectives of the Dolwig Bill and, at this time, the Council cannot follow through on his suggestions until further nego- tiations on the Dolwig provisions are completed. The motion was seconded by Council- man McCall and unanimously carried. 4. From Mr. Harold R. Hartley, 2220 Buena Vista Avenue, registering complaints about the traffic hazards of Walnut and Willow Streets. He suggested they be widened by making the sidewalk narrower - and also stated the pavement on Buena Vista Avenue, west of Grand Street, is in bad condition. Councilman Anderson moved the communication be referred to the City Manager for his investigation and report. The motion was seconded by Councilman Jones and unanimously carried. Councilmen Moresi asked that the City Manager report on the situation concerning the pavement on Buena Vista Avenue at this location. Mr. Froerer stated there was a communication addressed to the East Bay Municipal Utility District some time ago, over whose trench the rough pavement exists. He said the District had agreed to have this pavement replaced and, in the month of November, it received bids for the work. He stated those bids considerably exceeded the District's estimate of cost for the project and, therefore, the District rejected them and advised the City that the reason for the excessive bids was due to the time of year and the expected rainy season and further bids were to be called for early in the Spring. From Mr. M. E. Lee, appealing the ruling of the City Planning Board to deny his petition to construct a seven -story apartment house on the northeast corner of Central Avenue and Chestnut Street. Mr. Richard Thunder spoke on Mr. Lee's behalf. He displayed an architect's drawing of the structure contemplated to be erected, and stated it is to be six stories of living quarters with a basement in which will be located a recreation room, bomb shelter, storage space and an apartment for the engineer. He said that in a building of this type it would be impossible to have the engineer's quarters in one of the apartments. He pointed out the cost of construction will be in excess of three - quarters of a million dollars and this will improve the tax rate. Councilman Anderson asked what the dimensions of the building are and he was informed the structure would be 76 feet, 8 inches in width and 147 feet, 6 inches in depth. The property has frontages of 88 feet on Central Avenue and 207 feet on Chestnut Street. Councilman Jones stated the minutes of the Planning Board meeting indicate that there have been certain adjustments already granted in connection with this build- ing and he wondered just what they were. Mr. Thunder stated the sideyard encroach- ment along Chestnut Street was the only one, because the 10-foot setback, supposedly granted as an adjustment was permitted under the zoning ordinance. Miss Mildred Meyers addressed the Council, stating she was interested in this matter because she and her sisters own property across the street from the pro- posed apartment house. She felt Alameda is not ready to be built "up" like San Francisco by cramping too large a block of building onto this property. She said Alameda has always prided itself on its attractive gardens and she felt it is not fair to allow this structure to maintain only a 10-foot setback because many people who have built along Central Avenue and Santa Clara Avenue have had to keep back about 20 feet. President Sweeney stated there are some legal technicalities in this situation and he called upon the City Attorney to give an explanation. Mr. Clark stated this proposed building presents a very unique problem - without a janitor's apartment in the basement and, as presently designed, it is a six-story structure, but with the janitor's apartment there, and without any change in the exterior design or any increase in the height of the building, it becomes a seven-story structure. The problem is made very complex by the fact that the matter takes into consideration not only the City Zoning Ordinance, but the State Housing Act and the Uniform Building Code. Under the Zoning Ordinance, the Council and planning board may make adjustments under certain conditions - but in this case, it is questionable whether or not either the Council or Planning Board could make an adjustment concerning the number of stories of a building - the question is left wide open. Mr. Clark stated he would like to have the opportunity to check into this matter further before he submitted an opinion as to the proper procedure. Councilman Anderson moved the matter be referred to the City Attorney for his study and recommendation. The motion was seconded by Councilman Moresi and unanimously carried. Councilman Jones stated he could not see why it would make any difference whether there are seven stories in the building - and in the event the City Attorney's opinion is that it is within the scope of the Planning Board's authority to act, he wondered on what basis the Board had denied the petition. Mrs. Tova P. Wiley, member of the Planning Board, stated that on the basis of the Board not having the reason to grant the adjustment on account of "hardship", it had been denied. Mr. E. W. Paterson, 2014 Central Avenue, stated this apartment house has been the bone of contention for some time. He claimed Mr. Lee has constantly asked special privileges of the Planning Board. Mr. Paterson said he had brought a petition to the Board at a recent meeting, signed by practically everyone in the neighborhood, opposing the construction of this building. He pointed out the people on Central Avenue are not opposed to the construction of apartment houses, but they are opposed to one that is being built contrary to the provisions of the Zoning Ordi- nance. He stated the neighbors in this block would like to have action deferred until the Planning Consultant has had time to study the situation. 6. From Alameda Municipal Civil Service Employees Association, signed by Robert E. DeCelle, President, requesting that the City Council initiate a Charter amendment at the next General Election which will cause the words "and every full time employee" to be deleted from Article II, Section 2-5 of the Alameda City Charter - which now requires City residence on the part of all employees. It was also suggested that the Council then, with a small committee from the Employees Association, draw up an Ordinance to take the place of this proposed deletion - in belief that this action by the Council would give greater latitude in coping with the housing problem of the employees of the City. President Sweeney asked City Manager Froerer to elaborate on the matter of City residence. Mr. Froerer stated that during the war period, it was most difficult indeed to obtain the required manpower - and even now, the recruitment is largely outside of the City. He pointed out the Charter specifically requires that all officers and employees reside within the corporate limits of Alameda - but, at that time, out of necessity, the requirement was waived in order to keep the forces of the City in sufficient number to man the City services. However, he said, there have been what one might term violations of this liberal policy and in order to keep the Council advised, a report has been prepared which shows that 37 employees now live outside the City. Mr. Frank Gottstein stated it is ridiculous to have people working for the City of Alameda and living elsewhere. He stated he was very much opposed to City employees not living in Alameda. President Sweeney stated the matter would be referred to the Committee of the Whole for further consideration. 1 7. From Mr. H. J. Thomas, 1001 Regent Street, concerning his claim for repair of damages to his home as a result of some work the Bureau of Electricity had done in connection with the relocation of an electrolier and also the removal and replace- ment of a power pole. Mr. Thomas stated his claim had been denied without him having been contacted in the matter and requested a more complete investigation by either the City of its insurance representative. Councilman Anderson stated that, in this case, it would be well to have the commu- nication referred to the City Attorney and, if it is the responsibility of the Bureau and its insurance carrier, he should so notify them. He moved the matter be referred to the City Attorney for his report to the Council. The motion was seconded by Councilman McCall and unanimously carried. ORAL COMMUNICATIONS: 8Y Mr. Wallace Miracle, a member of the Library Board, stated he was leaving the City in about three weeks for an extended trip to South America and asked the Council to allow him to be absent from the meetings of his Board for about three months. Councilman Anderson moved that Mr. Miracle be granted a leave of absence from the City for a period of four months. The motion was seconded by Councilman Moresi and unanimously carried. 9. At this time, President Sweeney stated it is a great pleasure to have the entire Board of Education in attendance at this meeting. He introduced and welcomed each member - as well as Mr. Donald M. Roderick, Superintendent of Schools and Secretary of the Board, and also Messrs. Arthur Briscoe and Harold Eifert of the School Department. V' 10. Mr, Frank Gottstein spoke at great length concerning the traffic congestion in the west end in -eneral and on Webster Street in particular. He suggested various routes to set up which would rectify this situation. REPORTS OF COMMITTEES: 11. From the City Manager, submitting a report on the estimated population of the City as of December, 1953 - which indicates there are from 65,500 to 66,910 persons residing in Alameda. He pointed out the City receives $7.66 per capita in sub- ventions from the State annually for its share of gas tax funds and the motor vehicle license fees. Therefore, it would appear that the City should consider having a special census taken as this would result in an annual increase from $8,186. to $180972, from the State. Councilman Jones stated he understands the City Manager is presently contacting the officials concerned to find out just what the cost of the special census would be. 12. From the City Manager, recommending that David D. Hughes, Assistant Purchasing Agent, be authorized to attend the Thirty-Seventh Annual Conference of the California State, County and Municipal Purchasing Agents' Association, to be held at Hotel del Coronado, January 28-30, 1954, and S130. be appropriated for this purpose. Councilman Anderson moved the City Manager's recommendation be approved; that Mr. Hughes be authorized to attend the designated Conference and $130. be appropriated to defray his expenses. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 13. From the City Manager, submitting a report entitled, "Operation of City-Owned Motor Vehicles After Working Hours" which indicates there are twenty-one vehicles regularly driven home each night - there being thirteen passenger cars, seven pick- up trucks and one Pound Department truck. President Sweeney stated that anyone interested can review this report as it is a matter of public record. Upon request, Mr. Froerer explained the cars are used by men who are subject to emergency calls at any time of the day or night. The report was thereupon ordered filed. 14. From the City Manager, stating the construction of culverts at the intersection of Lincoln Avenue and Benton Street has been satisfactorily completed and recommending the work be accepted and the Notice of Completion be ordered filed. Councilman Anderson moved the City Manager's recommendation be adopted; that the work be accepted and the Notice of Completion be filed. The motion was seconded by Council- man Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweetie Y, (5). Noes: None. Absent: None. 15. From Mr. T. A. Greig, tendering his resignation as a Commissioner of the Housing Authority of the City of Alameda, effective as of January 2, 1954. Councilman Jones moved the Council accept this resignation with sincere regret. He said he felt the Council should express the wish to Mr. Greig that it might have the privilege of consulting with him on Housing Authority matters which may take place and in the letter of appreciation to him the thought should be expressed that the City will count on him for advice. Councilman Jones suggested the City Manager be requested to write such a letter to Mr. Greig. The motion was seconded by Councilman Anderson and unanimously carried. President Sweeney stated Mr. Greig was one of the original appointees to the Housing Authority and he has done an outstanding job - having given very valuable service. 16. From William J. Bain, Jr., tendering his resignation from the Alameda Recrea- tion Commission, effective immediately. Councilman Moresi moved the resignation be accepted with regret and a letter be written to Mr. Bain thanking him for his fine work. The motion was seconded by Councilman Jones and unanimously carried. V( 17. From Archie E. Waterbury, Assistant Fire Chief, addressed to the City Manager, reporting the election of Malcolm McGown for the position of Trustee of the Pension Board for the term commencing January 1, 1954. This matter was referred to "Resolutions". 18( ( From the Mayor, nominating Mr. R. P. Kranelly for appointment to the office of member of the Recreation Commission for the remainder of the unexpired term of William J. Bain, Jr., resigned. The term will expire August 31, 1955. The matter was referred to "Resolutions". 19. From the Mayor, nominating Mrs. Douglas D. Stafford for appointment to the office of member of the Social Service Board of the City of Alameda, for the remainder of the unexpired term of Mrs. Doris Phelan, resigned. The term will expire June 30, 1956. The matter was referred to "Resolutions". 20. From the City Manager, reporting that all street improvements in Tract No. 1155 on Bay Farm Island have been satisfactorily completed and recommending that the Tract improvements be accepted and the subdivider be released from his bond. Councilman Anderson moved the City Manager's recommendation be adopted; that the improvements in this Tract be accepted and the subdivider be released from his bond. The motion was seconded by Councilman McCall and unanimously carried. INTRODUCTION OF ORDINANCES: 21. Councilman McCall 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 Building Code of the City of Alameda by Adding to Section 1605 Thereof a New Subsection Numbered (e), Relating to the Floor Area of One-Story, Type IV Construction Buildings in Fire Zone Noe 4." 22, Councilman Jones introduced the following ordinance, after which it was laid over under provision of law and the Charter: RESOLUTIONS: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Sections 17-344, 17-36401 and 17-36403 Thereof, Relating to Parking Meter Zones and the Maximum Parking Limits Therein." 23. The following resolution was introduced by Councilman Jones, who moved its adopt ion: "Resolution No. 4856 Authorizing the Execution of Amendment to Contract NOy(U)-22357 (Change 'I') Relating to Special Services to Navy Public-Quarters and Navy Housing Homoja 1131•" 485 The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 24. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4857 Appointing Commissioner of the Housing Authority of the City of Alameda." (Sidney A. Haag) The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 25. The following resolution was introduced by Councilman McCall, who moved its adoption: "Re olution No. 4858 Appointing Member of the Recreation Commission." (Ray P. Kranelly) The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 26. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 4859 Appointing Member of the Pension Board." (Malcolm McGown) The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 27. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4860 Appointing Member of the Social Service Board." (Mrs. Douglas D. Stafford) The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 28. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4861 Creating One (1) Additional Position of Tree Trimmer in the Park Department of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 29. "Ordinance No. 1107, New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 2-541 Thereof, Relating to Annual Vacations of Officials and Employees." 48 Councilman Anderson moved the ordinance be adopted as read. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 30. "Ordinance No. 1108, New Series An Ordinance Reclassifying Property by Adding Section 73 to Ordinance No. 725, New Series." (2520 Central Avenue) Councilman Moresi moved the ordinance be adopted as read, The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. 31. "Ordinance No. 1109, New Series An Ordinance Amending the Alameda Municipal Code by Adding Thereto a New Section to be Numbered Section 1 -214, Providing for the Enforcement of the Provisions of the Alameda Municipal Code Within Certain Areas of the City of Alameda Owned and Occupied by the United States of America." Councilman Anderson moved the Ordinance be adopted as read. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 32. "Ordinance No. 1110, New Series An Ordinance Amending the Alameda Municipal Code by Adding Thereto a New Section to be Numbered Section 5 -127, Relating to the Public Use of Streets Within Certain Areas of the City of Alameda Owned and Occupied by the United States of America." Councilman Anderson moved the Ordinance be adopted as read, The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 33. "Ordinance No. 1111, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (17) to Section 17 -333, Relating to All Time No Parking." Councilman Moresi moved the Ordinance be adopted as read, The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 34. "Ordinance No. 1112, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (46) to (57) Inclusive, to Section 17 -432 Thereof, Relating to Stop Intersections." Councilman Anderson moved the Ordinance be adopted as read, The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5), Noes: None. Absent: None, 35. At this point, President Sweeney introduced Miss Mildred Meyers and Mrs. Tova Wiley, members of the City Planning Board - and welcomed them to the meeting. He also introduced Mr. George Rose, Chairman of the Recreation Commission. FILING: 36. Financial Statement - Bureau of Electricity, as of November 30, 1953 - Verified by Middleton, Suman & Hackleman. 487 BILLS: 37. An itemized List of Claims against the City of Alameda and the several Departments thereof, in the total amount of 852,573.55 was submitted to the Council at this meeting. The List was accompanied by a certification from the City Manager that the Claims shown were correct. Councilman McCall moved the bills as itemized in the List of Claims filed with the City Clerk on January 5, 1954, and submitted to the Council at this time, be allowed and paid. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None, ADJOURNMENT: 38. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, January 19, 1954. Respectfully submitted, S; X /City Clerk 1