Loading...
1952-04-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, APRIL 1, . 1952 The meeting convened at 8:00 o'clock-P. M. with President Osborn presiding. ROLL CALL: The roll was called and Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5), were noted present. Absent: None., MINUTES: 1. The minutes of the regular meeting held March 18, 1952, were approved as trans cribed. OPENING OF BIDS: v7 2. Bids were presented concession at the Golf C with Specifications and From Bernard Segal Accompanied by From William Hunter Accompanied by From Harry W. Loux Accompanied by and read for the privilege of operating the refreshment ourse Club House and at the Twelfth Tee, in accordance Provisions therefor, No. MS 3-52-3, as follows: 12% of Gross Receipts check in amount of - $100.00 11% of Gross Receipts check in amount of - $100.00 12i-% of Gross Receipts Bank of America Money Order - $100.00 certified cashier's The bids were referred to the City Manager for study and recommendation. 3:/ One bid was received and read from Gallagher & Burk, Inc. for the project of the temporary Realignment of Central Avenue at Fourth Street, in accordance with Specifications, Special Provisions and Plans therefor, No. FN 3-52-4, in the amount of $17,856.50. The bid was accompanied by a certified check in the amount of $2,000. The bid was referred to the City Manager and City Engineer for study and recommendation. WRITTEN COMMUNICATIONS: 4v.7 From the following residents in the 400 block on Pacific and Lincoln Avenues, submitting their approval of the proposed erection of gospel signs on the property of the Alameda Bible Hall: Frank P. Young, Mrs. P. Vignolo, Lylas I and T. T. Hill, E. S. Bownser, Mrs, L. Foster and Mr. Paul Eaton, President Osborn stated these communications would be referred to the file on the subject. ORAL COMMUNICATIONS: 5`,/,/ Mr. Frank Gottstein spoke of Second Tube situation and suggested the Council see fit to take court action to assure getting it. He emphasized that the proper connection to the Naval Air Station is most important. President Osborn stated that City Manager Froerer, City Attorney Clark and himself had gone to Sacramento last week to attend a meeting of the Senate Transportation Committee. He explained that in all of the bills presented the Alameda Tube was immediately in the forefront. There had been considerable discussion with regard to the location of the second crossing of the Bay, but it was generally conceded the terminal would be on Bay Farm Island and such plan was not objectionable to Alameda. He pointed out that the present Bay Bridge is a part of the California State Highway System. He stated there had, been some ridiculous arguments con- cerning finances, pointing up the controversy between paying the cost of maintenance operation and insurance out of Gasoline Tax Funds or Toll Receipts. He said he believed that whatever legislation is enacted Alameda will gain a new tube as it is incorporated in all bills. President Osborn also mentioned that the City Manager and City Attorney had attended a subsequent meeting in Sacramento, stating he just wanted to call attention to the fact that the City of Alameda and its officials are safe- guarding the interests of the City and furthering the work of the City in securing a Second Tube. HEARINGS: 611 The matter was called up for continued discussion with regard to the appeal from W. J. Cherry and Alfred Wm. Cobb from the decision of the City Planning Board to deny an adjustment to allow two large gospel signs to be erected in the front yard area of the Alameda Bible Hall at 461 Marshall Way. 197 President Osborn stated the matter had been laid over from the last meeting in order that the Council might investigate the situation more thoroughly. This has been done and an opinion given by the City Attorney on the subject. He called upon Mr. Clark to state the Council's position, City Attorney Clark explained that, according to the provisions of the Ordinance, the maximum area of any sign in a residential district is six square feet. He stated the signs the Bible Hall is asking permission to erect have an area of 176 square feet. He pointed out that, while there is provision in the Zoning Ordinance which permits of adjustments of the regulations of the act, he felt quite certain it was not within the contemplation of the framers of the ordinance to make such pronounced deviations. He said he could not see how this Council could make an adjustment to allow the size signs asked for by the petitioners without making an amendment to the ordinance. Mr. Clark stated very frankly, he felt that the signs are entirely outside the provisions of the Ordinance - and the Council, to act in fairness to the property owners of that area, regardless of the fact that some of the residents had submitted their approval, could not grant the adjustment. He felt it would affect other residential areas of the City and the Council should deny the application. Mrs. E. R. Sanders, 1617 Fifth Street, addressed the Council, stating she was speaking for herself and a neighbor, and wished to register their protest against having these sign boards put up. Mr. Abbott of Sacramento, speaking on behalf of the Alameda Bible Hall, stated that they have always been able to obtain a concession to allow the erection of their scripture signs. He felt that as far as other Churches making such requests, there was actually no need for concern as his organization was apparently the only one which believed in this procedure. Councilman Jones pointed out that, upon application of the Bible Hall some time ago, the property had been reclassified to the 'B" Dwelling District to allow the estab- lishment of the Church. He stated the dominating characteristic of the neighborhood is residential and the Council should not make any deviation to the extent re- quested. The City Attorney stated that in order to have the right to display signs such as the Bible Hall wishes to put up, the property would have to be in a Commercial or Industrial District. He also pointed out that, while there have been adjustments made with regard to signs, they have been made principally with regard to the location itself - as to the size, the Planning Board has held that to a minimum. Mr. Cherry stated the Planning Board had offered to let them put up one sign, the designated size - or two smaller signs. He suggested the Council allow them to erect one sign which would be approximately 5 feet by 18 feet. President Osborn pointed out this would be just as much a violation of the ordinance as though two signs were pemitted. City Attorney Clark agreed, stating this request went beyond the point of a mere adjustment. Councilman Sweeney stated he concurred with the opinion of the City Attorney and could see no reason for deviating from the regulations of the Ordinance. There was great discussion of the situation, Mr. Cherry making several suggestions as to changing the size and type of the sign, trying to affect a compromise. Mr. Clark stated that if it were a case of altering the petition, Mr. Cherry should be requested to re-file an application with the Planning Board, setting forth the proper data. Mrs. Charles Moresi addressed the Council, speaking as an officer of the West Alameda Association, and stated she would like it known that the Association has gone on record as being opposed to the construction of any signs of such size. Mr. Abbott stated that ofttimes deviations are made for religious principles which would not be made for other purposes. Councilman Jones stated there are two courses of action that can be taken. Since the Council cannot act favorably on the request, one course would be for the petitioners to withdraw their application - the other would be for the Council to officially deny the appeal. He suggested Mr. Cherry withdraw his application. President Osborn reiterated that the Council is in no position to grant the request. Councilman Branscheid thereupon moved the petitioners be granted permission to withdraw their application. The motion was seconded by Councilman Sweeney and unanimously carried. REPORTS OF COMMITTEES: 7. From the City Manager, requesting that Dr. David Frost, City Health Officer, be granted permission to attend the California Conference of Local. Health Officers, to be held in Los Angeles on April 26, through April 29, 1952, and $100. be appro- priated for this purpose. Councilman Branscheid moved the City Manager's request be granted; that Dr. Frost be authorized to attend the designated Conference and $100. be appropriated for his expenses. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes; Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 8. From the City Manager, reporting that he has checked on the application of Reginald H. Creese, 713 Lincoln Avenue, for a permit to operate a newsstand at the northwest corner of Lincoln Avenue and Webster Street. He stated the application is in proper form and meets all requirements of the ordinance and therefore, if the Council elects, a permit to operate the requested newsstand can be issued to him. President Osborn inquired if Mr. Creese was present. He was not and thereupon President Osborn stated there are certain restrictions and conditions in connection with the granting of a permit of this nature that have to be adhered to, and therefore, he would suggest the City Manager be instructed to request Mr. Creese to meet with him to be instructed as to what requirements and conditions must be met to comply with the provisions of the ordinance. Councilman Jones stated Mr. Creese should have assurance of the Council that, insofar as the permit itself is concerned, that would probably be granted. He thereupon moved the permit be granted, subject to the conditions set forth by the City Manager and also subject to the approval of the adjacent property owner. The motion was seconded by Councilman Sweeney. Mrs. Moresi inquired where the newsstand would be located and it was explained the site would be along Webster Street about 20 feet north of Lincoln Avenue. Councilman Branscheid asked Councilman Jones if he would be willing to withdraw that portion of his motion concerning "subject to the approval of the adjacent property owner". Councilman Jones said he would want to understand why before doing so. Council- man Branscheid said he felt Council action should not be subject to such approval. City Attorney Clark pointed out that the ordinance provides that due consideration shall be given occupants of adjacent buildings. Councilman Jones amended his motion accordingly, with the consent of his second. Following considerable discussion of the situation, Councilman Branscheid stated that if the man has passed the qualifications, he should have a, permit and such should be granted. Mr. Frank Gottstein stated he felt the Council is violating the State law - there being no sanitary facilities in these little newsstands. He voiced his protest against establishing these little "huts". The question was then called for and the motion was unanimously carried. The City Manager was asked to arrange a meeting with Mr. Creese to take care of all requirements. 9Y' From Councilman Branscheid, requesting a leave of absence for sixty days, embracing the months of May and June, 1952. Councilman Sweeney moved the request be granted to allow Councilman Branscheid a sixty-day leave of absence during the months of May and June, 1952. The motion was seconded by Councilman Anderson and unanimously carried. 10. From the City Manager, requesting permission to sell an old gas pump, air compressor and mimeograph machine now at the City Hall for the best prices obtainable, which will probably be turn-in value on new equipment to replace these items. Councilman Anderson moved the City Manager's request be granted to permit him to dispose of these specified items as set forth. The motion was seconded by Council- man Sweeney and unanimously carried. 11. From the City Manager, recommending that O. C. Jones & Sons be granted a fifteen-day extension of time in which to complete their work on the project of reconstructing San Jose Avenue. Councilman Jones moved the City Manager's recommendation be approved; that this firm be granted the specified extension,of time to complete this project. The motion was seconded by Councilman Branscheid and unanimously carried. 12. From Homer R. Dallas, City Treasurer, calling the Council's attention to the fact that Section 3 of the Business License Ordinance provides for the repeal of four very important provisions six months after the declaration by the President or Congress of the United States that the present unlimited emergency has ceased to exist. He pointed out that this declaration has been made with regard to Germany and soon will be concerning Japan. Therefore, he requested the Council's consideration of this matter. President Osborn stated this matter will be referred to the City Attorney for his consideration. 199 RESOLUTIONS: 13. The following adoption: resolution was introduced by Councilman Sweeney who moved its "Resolution No. 4561 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model 3/4-Ton Pickup Truck, 6 or 8 Cylinders, Calling for Bids,and Directing City Clerk to Advertise Same." by Councilman Branscheid and on Councilmen Anderson, Branscheid, None, Absent: None. There- adopted and passed. 14, The following resolution was introduced by Councilman Branscheid, who moved its adoption: The motion to adopt said resolution was seconded roll call carried by the following vote. Ayes: Jones, Sweeney and President Osborn, (5). _Noes: upon the President declared said resolution duly "Resolution No. 4562 Authorizing the Execution of a Mutual Aid Fire Assistance Agreement with the County of Alameda and Certain Cities, Towns and Fire Protection Districts in Said County." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote! Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. There- upon the President declared said resolution duly adopted and passed. 15. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4563 IN MEMORIAM TO H. MORTON SPRINGER "WITH PROFOUND SORROW, the Council of the City of Alameda records the death of H. MORTON SPRINGER, one of the City's finest citizens, who was an employee of the County of Alameda and had worked in close association with the City Assessor's Office for many years. "WHEREAS, Mr. Springer was a long-time resident of the City and was held in the highest esteem by all who knew him because of his friendliness and helpful attitude. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of his fine leadership in many worthwhile activities - having been Past Exalted Ruler of the Benevolent and Protective Order of Elks, Alameda Lodge No. 1015, the Council of the City of Alameda hereby expresses its sense of personal loss and its gratitude for his untiring efforts in the interest of his associates; "BE IT FURTHER RESOLVED that this Resolution be spread in full upon the minutes of this meeting, and a copy thereof be transmitted to the family of Mr. Springer, that it may extend to its members a sincere expression of sympathy and condolence, and; "BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda is adjourned, it shall do so in respect to the memory of H. MORTON SPRINGER." The motion to adopt said resolution was seconded roll call carried by the following vote. Ayes: Jones, Sweeney and President Osborn, (5). Noes: upon the President declared said resolution duly by Councilman Sweeney and on Councilmen Anderson, Branscheid, None. Absent: None, There- adopted and passed. FILING: 16. Specifications - No. MS 4-52-4 - For furnishing One for Park Department. 3/4 Ton Pickup Truck • • BILLS: 17. An itemized List of Claims against the City of Alameda and several of the Departments thereof, in the total amounts as follows, was submitted to the City Council at this meeting: General Departments, $1,180.45; Health Department, 200 $30.00; Store Department, c.400.00; Civil Service Department, $132.00; Street Department, $1,116.02; Traffic Safety Fund, $1,148.25; Gas Tax No, 2 Fund, $13,964.71; 1951 Bond Issue Sewer Fund, 337,64O.88; Engineering Department Deposit Fund, $50.00; Capital Outlays Fund, 44,227.48. Councilman Sweeney moved the bi City Clerk on April 1, 1952, be Councilman Anderson and on roll men Anderson, Branscheid, Jones Absent: None. lls as itemized in the List of Claims filed with the allowed and paid. The_motion was seconded by call carried by the,following vote. Ayes: Council- Sweeney and President Osborn, (5). Noes: None. 18. At this point, President Osborn asked if there were any further oral commu- nications. Councilman Anderson spoke of the death of Mr. H. Morton Springer and expressed his regret at the loss of such a very fine citizen. He moved that an appropriate resolution be prepared and this meeting adjourn in respect to his memory. The motion was seconded by Councilman Sweeney and unanimously carried. ADJOURNMENT: 19. There being no further business to come before the meeting, the Council adjourned in respect to the memory of H. Morton Springer - to assemble in regular session on Tuesday evening, April 15, 1952, at 8:00 o'clock. Respectfully submitted,