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1952-03-04 Regular CC Minutes184 REGULAR LE:ET:LNG OF THE 6 OUNC IL OF TEE C I rrY OF ALAMEDA HELD TUESDAY EVENING, N'ARCH 4, 1952 The meetng c(rvened at 8:00 o'clock P. L. ejth P:-e-ident Osborn Pres'ding, ROLL CALL: The roll was called and Counclircn. Anderson, Branscheid, Jams, Sweeney and President Osborn, (5), were noted present. Absent: None, MINUTES:. 1. The minutes of the regular meeting held February 19, 1952, were approved as transcribed. OPENING UP BIDS: 2./ Bids were submitted and read for the'furnishing Of seven new, 1952-Model Two-door Sedans for the' Police Department, in accordance with Specifications and Provisions therefor, No. 165 2-52-2, as follows: From Morris Landy Meters Accompanied by cashier's check in amount From Bryant Motor Company Accompanied by certified check in amount of From Garland Chevrolet Co, Jr. 158.14 015.81 - ', 53208 u - 1,190,00 - 8,356,65 Accompanied by certified chock in amount of 635.67 TIle bids wane referred to the City Manager and City Engineer for study and recommendation. WRITTEN COLEUNICATIONS: 3.v/ A petition was read, signed by thirty-nine residents of Nigh and Post Streets and Otis Drive, requestil.g the forimtion of an Assessment District for the purpose of installing street lights on the at and West sides of High Street and Post Street, between the North side of Ctis.Drive and the South side of Calhoun Street, in accordance with Drawing No. 4-8-114 dated August 17, 1046, of the Department of Public Ut:lities, ObuncilMan Anderson inquired What percentage of the home owners had signed this Petition. President Osborn answered that City Attorney Clark had stated these signatures represented about ninety-five per cent of them. Councilman Jones moved the Matter be referred to the City Manager so that action can be taken to 'start tie necessary proceedings. The motion was Seconded by Councilman SWeeneyandonroli Call carried by the follbwing vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None, Absent: None. From the City of Burbank, submitting a cony of its Resolution No. 8349, in opposition to the proposal of the County Supervisors Association for a four per cent State Sales Tax to be participated in by the Counties. President. Osborn stated this matter has not yet officially come before the Couneil and •he thought itwould be a good idea to refer the coMmunidation and resolution. to the Committee 01 the Whole for further study to ascertain what may develop. It was so ordered. 5.1. From the Alameda Boysi Club Inc. stating it is now read to occupy that stating Portion of the Armory Building reeently vacated by the-Civil Air Patrol and re- questing a lease for said premises as soon as possible, in order that its facili- ties may be expanded. President Osborn explained that the Civil Air Patrol has completely vacated this building which makes it available toothe Boys Club - and owing to the fact that the present lease which Was executed with the Boys 1 Club is about to expire, an ordinance has been prepared to authorize the'eXecutien of a new lease, which will come up under the proper heading at this meeting. The matter was thereupon, referrod to "Introduction of Ordinances". 6. / A letter was read from the Advisory Committee on Defense Areas of the Defense Production Administration, addressed to the City CIa rk, informing the Council that a. reconmpon t certify the San Francisco-Oakland area as a critical defense housing area would not be justified at this time. 185 President Osborn stated. It was gratifying t o him and the members of te Council to receive t information, and. then ordered the communication filed. 7. A copy of a letter was read from. Mrs. El. Berrie, 3109 Windser Drive, whiCh Was addresSed to ECGuIre & Hester, Stolte, Inc., Pacific Gas and Eacetric Company, East Bay Municipal Utility Distrietrand the City of Alameda This communication concerns the settlement of Ers. Berrie 'S demand for the replacement of her lawn at a cost of 50(, which Was damaged in the work Of constructing sewers and the relocation of certain utilities in this vicinity, Councilman Jones stated there is no actic n. to be talienby the Council at this time and thought the letter should be filed. It was so ordered. From Paris brothers, requestInt Permissioi fer contraot assignment due to the fact that this firm has hew been madera California Corporation, m7ld statint.,. that all existing bendS andinsurance cennectien with its contract will also be assigned for complete protection and. covera7e. Councilman Branscheid MoVed the Matter be referred to the City Attorney for inVostiation andnr'61Dert. The motion was seconded by Councilman Sweeney and unanimously carried. 9. V From. Mrs. Ann Thomsen, 1926 Chestnut Street, extending her thanks for the speedy attention given to her complaint concerning the sewer condition at Chestnut Street and Clement Avenue, President OSI5orn stated the Council is very happy to receive this letter of commendation. HEARTNGS: 10, Ole matter was presented with retard tb the requoSt of Donald and Marie Kling, Lewis C. and Nita K. Evans and Harold C. and Frances 1, r8, for the amendment of Diagram. and Assessment of Parcels Nos. 71-5, 73-6, 73-7, 73-8 and 71-9. The Clerk stated. the Notice of Hearing had been Published twice ac required. by law and the AffidaVit of Publication voc on file. It was also pointed out that the City Engineer's report on the matter had been. submitted. There were no objections to the proposed division. of the Diagram and Assessment. (K's, Councilman Jones stated this was a matter of routine and thoroUpon moved the division of thb Diagram and AsSessment be granted as. requested. The motion waS seconded by Councilman Anderson and on'roll call carried by thb followint Vote. Ayes: Counellmen Anderson, "Sivanscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 11.1' The matter was alse Tm-esented con6eluin the request of Walter L. and. nartha •_. J. Osborne and. Harold C. and Frances M. Ward, for tae amendment of Diagram and Assessment of.parcelS Nos. 19 and 19-1 of tho Bay Farm Island Sewer Assessment District, Project No. 1 - into five parcels to be nuMbered 18-3, 13-4, 18-10, 18-11 and 18-12. The Clerk stated the Affidavit of Publication was on filo, showing the ljotice of Hearing had been published twice, as stipulated by law. The City arrf_Tieerls report was also on. fi-Je. There 110030 Io. object Ions to the proposed aIv'sion ot' the Diagram and Assessnont. Uouncjlnao andorson moved ;11:-9 amendneht o' the siagran and Lscessnent of these parcels be granted as -eque-J,. lia otion was seconded Py Connoi] are 3ranscheid and on roll. ca11 ca-riod by the Oc11o. ing vote. Ayes: Councilmen nde 'son, 3ranscheid, Lcao, Sweoney and J.resident Cs-sorn (5 ). :oes: Abs;nt: None. tEPCRTS 02 0C111TT7Oo: 12,v -01'01T tae 10o0, -ct4n- Dit7 lananor and Deputy City Auditor, reportInt on the Count 'of Eoney, held February 27, 1952, shoi_nt tne -c was at that Line the sum of 13, 127,051,413 in the City Treasury. The report was ordered filed. 13.7 From the City Manager, reporting on the application of Mr. 017 le Ross to establish a newsstand on the corner of Lincoln Avenue and Webster Street. HIS cbMnunication pointed Out that Ordinance. No, 1952, New Series, regulating this type of enterprise stipUlates that .any applicant for a permit to conduct such a business Shall have been a resident of the City fbr at least-five yearsimmedi- ately precedinq the filing bf the application. He conoluded, therefore, that since Er. Ross had reSided in the, Cfty Tor only fifteen months, the City Council cannot grant him 11 permit. 186 President Osborn asked for any comment from. the Council - and went on to say that the ordinance Is very specific in its terms and since the applicant is not in conformity with the regulations, the Council has no alternative but to deny the application for a permit. Mr. 011ie Ross stated the Council is right back where it started, and. is working against him. The ordinance was written up requiring the five-years' residence and, it was known that he had been here only. fifteen mbnths. President Osborn stated that when this matter first came ub, the Council re- cognized the fat that the present newsstand o: Park Street and Santa Clara Avenue was illegally situated Inthe City and, therefore, it brought to the Council's attention the fact that it blaced a definite risk and responsibility upon the Council. The City Attorney was requested to make an investigation of conditions to control newsStanda or other vending blades on sidewalk areas in other cities, which ho did. It Was ascertained hoW ether cities handled these situations - some cities stipulating that anyone being granted a permit, must have been a resident for five years. President Cshorn pointed out this action was not taken With the idea of dis- criminating against anybody or anything,beeause the Council does not want to be placed in a position Of discriminating against 'anyone at any time. He eMphaSized that It is not extraordinary to have such conditienS prevail because in Many eaSee Where PermitsMUSt be granted, it is etiPulatedthat abblicants' must be reSidentS.for five years-prior to Making applieatiOns. He stated there is no option, but the Council must deny his application for a permit. Ross stated he had to rake a 1ivD7ng end pointed out that most such stands are controlled by certain newSpapers and one Cannot 7et into the union. He asked if the ordinance could not be amended in this respect, President OSborn reiterated there is nothing that can be done and there is no way the Council can deviate fro m. the requirements. Upon inquiry, City Attorney Clark stated the Ordinance, as it presently stands,' would prevent the Council frbm granting the apblieation. He said the ordinance nould have to be amended to permit this - and pointed out that it has just been adopted. Councilri= Jones stated the Council adopts Ordinances, not to take care of Specific cases,' but for the general gOod, and it is regretable that this arti- au-lar ordinanee affeetS an individual'. He stated he . had-specifically aahed the City kttornccr Why the five-year residence' Was being i,euiredand Mr. Clark had pointed oilt that It f.,,ave juch bet or control of the situation and the City as a whole would be better protected. Thereupon Councilman Jones moved ')e.e application for a permit be denied. The motion was seconded by Councilman Sweeney and unanimously carried. 14.v1'rom the 'City Manager, recommending , a thirty-five day eatension of time be granted to O. 0. Jones and Sons, in which to cormlete their'work of reconstruct'rg San Jose .venue and Horton Street - Specifications therefor, No. 2:1 0-51-12. Councilman :nnderson moved Pc City Manager's rocommendatIon be aprrcved and the specified eatonsion of Limo be granted te this firm. The motion was seconded by Councilman Jones and unanimously carried. 15.1 From the City Yana .,, recommending a thirty-day extension of time be granted to John Ti. McCosker, Ine.,. in which to complete the improvement at FernSide Boulevard and Central Avenue - Specifications therefor, No. PW 10-51-10. Councilman Branscheid iTioved the City Manaer's recoinendation be adopted and the thirty-day extension Of time be granted to the designated firm. The motion was seconded by Councilman Sweeney and unanimously carried. 10./iJ"rom the City Manager, re-Porting on the suggestion of Mr. L. F. Brandon.; that a change be made by the Per System Transit LineS in itsmethod-of loadinp . and unloading PaSsengerS at the intel-section of Lincoln Avenue and Webster Street.. Froerers comMunication stated this Matter has been taken up With the Key System Transit Lines, through the Chief-of-Police, and the plan as outlined by Mr. Brandom went into effect on March 3, 1952. . . . . . President Osborn noted that Mr. BrandOM was in the audience and asked him'to stand. He stated he wanted to publicly thank him for making this sugp:estion..- it has been very Werth while and, afteanin,ieStipr;atien on the part of the Key System Transit Lines, it has been adopted. Ho said the Council deeply appre- ciates this interest and ensended to Brandom a cordial invitation to attend as many Council meetings as possible. 17.' the City TI.:anar-er, rpcomm3ndin3 that contract be a7arC,ed to -2,ussell Hinton Coci-ca-ly for the oroject of paintinp and decorating the Lnterior of the Health Center "Suilding at the bid price of :1,873. - Cppcificationis therefor, 7:o. in 2-52-2. Councilman Anderson moved the City Manager's recommendation be approved; that contract be awarded to the designated Company for the performance of this project. The motion. was seconded. by Councilman Branscheid and ormroll call carried by the following vote. 'Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 18.4 From the City Planning Board, recommending the employment of Mr. Kenneth. F. Jones to carry On the viork relative to the revision of the Zoning Ordinance and that he be authorized to complete the study through the tentative stage of the activity, as set forth in his proposal dated February 23, 1952. COuncilitnn Jones stated this action on the part of the Planning Board has been anticipated for sometime -• and it is in line With the thinking of 1,:17, Board and Council as discussed at a recent joint meeting. He thereupon moved the Board's recommendation be followed and Mr. Kenneth F. Jones be eMployed to carry on this project. The motion was seconded by Councilman Anderson. Councilman -Branscheid asked about the financial arrangements. Upon the request of-President Osborn, City Manager Proerer explained that the Planning Board has 2,000. in its budget for he current fiscal year, of which amount there is still a balance of He stated thAe is a progressive study and there will be ample money in the budget so that -provision can be made for this expenditure. The question was then put and the motion carried on the following Vote. Ayes: Councilmen AnderSon, Branscheid Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 19.• From the City Planning 3oard, recommending the denial of the petition of• Mrs. Clara E. Weisenhaus for the reciassifiCation of her property known as 2156 Buena Vista Avenue, fromthe "B" TwO-td-Four Family Dwelling 'District to the Multiple Dwelling DistrictfOr the purpose Of constructing an addition to the rear of the existing dwelling to use as a Sanitarium. Councilman Anderson asked if the property were rezoned, would it give Mrs. WeiSenhaus privileges beyond the mere building of this structure for her sanitarium. He was informed that anything allowed In tne o District could be done. - • - Councilman Branscheid asked how large a place could be operated ana city Attorney Clark replied that in the "C" District one could operate a hospital. Councilman Anderson moved this matter be referred. teethe CoMmittee Of the lhole for investigation and the Council could gb down to ascertain what is contemplated. The motion was seconded by Councilman Branscheid and unanimously carried. President Osborn stated this matter will be held over for further study. At this point, Mr. C. L. White, 2110 Buena Vista Avenue, addressed the Council and stated there were about ten bf the residents In this block present. He said that if that neighberhood were reclassified or this lot "spot zoned", it wbUld pert Yrs. Weisenhaus to bring herbuildingout te the front of the property. He felt this would depreciate their property values. President Osborn Stated the Council 'recognizes the fact that the present Zoning Ordinance -is net noW adequate andethe Council is anxious to be fully aware of all eirCumstances concerning this situation. Councilman Sweeney pointed out that is why the City is now cnp1oy1n 1 n. Kenneth F. Jones, Planning Obnsultant, to study and revise the Zoning Ordinance to take care of the very problems. . Councilman' Anderson asked Mr. White what the average setback in that vicinl and Mr. White answered that it is between 15 and 18 feet. Councilman Anderson stated he felt there is a great need for this type of enterprise. 20.V i,hrom the City Manager, recommending that contract be aWarded to Burrough , Adding Machine Company for furnishing one, latest model, EleCtrie Accounting Machine for the Auditor's Department, at the bid price of 83,816.4d. Councilman Jones stated that due to the fact that this equipment isto be used by the Auditor, who does not come under the jurisdiction of the City Council, he would mo-ile that action be withheld until a report on the matter is receiVed from MT. Jost. The motion was seconded by Councilman Eranscheid and unanimously ( I • carried. I TT INTRODUCTION (.17 ;1 411: OHDINACES: 21. Councilman 5v eney introduced the following ordinance, aft which it was laid over under provision of law and the Charter: "Ora•7nance No. New Series 187 188 An Ordinance Authorizing the Execution of a Loase of Certain Real Property to Alameda Boys Club; Inc., and approving the Form and Terms of Said Lease." 22 Councilman Jones introduced the folloWing ordinance, 0 fter which it was Iaid over under provision of law and the Charter: Ordinance No. New Series . . . An Ordinance AMendoIng the Alameda Municipal Cede by Adding Subdidision (42) to Section 17-432 Thereof, Relating to Stop Intersections, and by AMending Subdivision (5) Of Section 17-431 Relating to Through Highway n NEW BUSINESS: 23.7 President Osborn stated he Would like to announce that the Council is approachingthe time of year-when arrangements are made for the annual celebration. of Flag Day. He stated that, for the -past several years, 'Councilman Sweeney has served as Chairxa&n of the Flag Day Committee and without question, he has done an outstanding job. The Flag Day Celebrations which have taken Place have been carried out -With smoothness and gratification to all members Of the Council, due to the intensiVe organizational Work that Councilman Sweeney has done . He re- marked that Councilman Sweeney ha again Consented to act aSChairman of the Flag Day Committee andit wasawith great pleasure that he appointed him to serve as Chairman for this occasion. He stated, furtner, that the success of Flag Day, Which climaxes Flag Week, is due to the cooperation of the many organizations of the City and he extended a cordial invitation to all to be repreerted. He announced that the first meeting will be held Monday evening, Larch 17, at 8:00 o'clock in the Council Chamber. RESOLRTIONS: 24. The following resolution was introduced by Councilman Jo adoption: fl, Resolution No. 4350 who 'moved its Transferring ';.6,556.94 from the 1951 Sewer Bond Fund to the General Pund." She notion to adopt said resolution waS seconded roll call Carried by the following vote. Ayes: Miles Sweeney and President Osborn (3). Noes: . , , upon the President declared said resolution duly by Councilman Sweeney and on Councilmen Anderson, BransCheid, None. Absent: None. There- adopted and passed. 25. The following resolution was introduced b 7 Councilman Sheen who moved itladoption: "Resolutien No. 4551 Accepting Grant of Easement Sewer Parcel 1) from AlaMeda Belt Line and Consenting to Recordation': Thereof." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote.' Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes.: None. Absent: Lone. There- upon the President declared said resolution duly adopted and passed. 26. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4532 Accepting Grant of Easement (Sewer Parcels 5 and 6 Fran Alameda Belt Line and Consenting to Recordation Thereof." The motion to adopt said resolution was seconded by Councilman Jones'and on roll call carried b=, the fo'7owing vote. Ayes: Councilmen Ande.yson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None . The -e- upon the President declared said roso:ution duly adopted and passed. 27. The 4'ol1owing resoluti-n was introduced by Councilman aranschoid, ,,ho roved its adoption: "Resolution No. 4533 Accepting Grant of Easemnt (Sower Parcel 12) from AlaMeda'Belt Line and Consenting to Recordation Thereof." 189 The motion. to adopt said resolution was seconded by Councilman Sweeney- and on Councilmen Anderson, Branseneld, roll call carried the following vote. Ayes: Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. There- upon. the President declared said resolution duly adopted and passed. 28. The following resolution was introduced sy Councilman Sweeney, who moved its adoption: "Resoaution NO. 4554 Accepting Grant o5 Easement (Sewer iiarcel 15) from AlaMeda-Beit Line and Oonsentin7 to Recordation Thereof." The motion to adopt said resolution . was seconded bv Councilman Anderson and on roil call carried by the felloWins vote.- Ayes: Counciimen Anderson, 3ranscheid, Jones, Sweeney and President Osborn, (5). Toes: None. Absent: Nene. There- upon the President declared said resolution duly adopted and passed. 29. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4555 Accepting .uitclaim Deed from Nary 8. Logan of CertainReal Property and Consenting to Recordation Thereof." The motion. to adopt said resolution was -seconded ty\r Councilman 8ranschejd and on roll call carried by the following Vote. Ayes: Councilmen Anderson, Branseheid, Janes, Sweeney and President Osborn, (5). Noes: Noho. Absent:: None. There- upon the President declared said resolution duly adopted and passed. 10. The fo11ovUn resolution . was introduced by Councilman Sweeney who moved its adoption: Aosolution So. 4556 Rescinding Resolution No. 4506 and Granting E st Lay Municipal Utility District, Special District No. 1, 2era to Construct Underground Pumping Plant Near Northeast Corner of Clement Avenue and Grad Street." The motion to adopt said resolution wao'seconded by Councilman Jones -and on roll call carried b the following vote. Ayes: Councilmen I.,nderson, Branscheid Jones, Sweeney and President Osborn, (5). ees:. Nene. AbSent: None. There- upon the President declared said resolution. duly ndoted and passed. Councilman Swesney asked that the City Eanager explain this resolution. Mr. Froorer stated that some months ago the Council had passed a resolution authorizing the East Bay 'Municipal Utility Distriet to construct a Pumping Plant near this intersection, in accordance With a Certain drawing. He pointed out -the Only change now is that the location of the Plant will be 10 feet north of the site previously designated. FILING: 31, Auditor's BalancP Sheet - 7or the Month of February, 1952 DTTTQ. 52, An itemized list of claims against the City f Alameda and several o8 the s. Departments thereof, in. the total amounts as follows, was brosented to the'City council at this time: General Deoartments a /--- 086.07. Street Department, Recretion Department- 5;57 60- Pnrr-7,-,,,,,,r1cr DeParttnent'Depesit Fund . „ • , , 012.11; Gas Tax No. 2 J. ';',A1,909.22; Traffic Safety Fund, 43,655.72: 1951 Sewer Bond Fund, '41,415.33. COUncilManSweeney.mOVed'the:-bills as ditemi,ed in the List of Claims filed with the City Clerk on March 4, 1052, and submitted to the Council at this meetin,' be allowed and paid. The motion was seconded by Council-Man Anderson and call carried by the following vote. Ayes : Councilmen 'Anderson, BransCheid, Jones Sweeney and President Osborn, b). Noes: None. Absent: None. 33, At this point, President Osbern asked if there were any further oral commu- nications. There was no (XX;)OjC® ADJOURK=.: 34. There being no further business to come before the meeting, the Co-ancil adjourned - to assemble in r,.7gular session on Tuesday evening, March 18, 1952, at 8:00 olclock. ResTpectfully submitted, Ci Clerk