Loading...
1951-03-20 Regular CC Minutes15 REGULAR. MEETING OF TUE 5OUNCII:07 THE CITY OF AIATETA HELD TTT EVENING, MARCH 20, 1951 The meeting convened at 8:00 o'clock P. .FL. wAn ,resident rplanscne).o presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and dent Branscheid, (5), were noted present. Abset: L Uen. UINUTES: 1. The minutes of the regular meeting held March 6, 1951, were aprroved as trancribed. WRITTEN COMMUNICATTONS: Pro , 0 prom the Alameda County Independent Progressive Party, requesting the Council to pass an ordinance which would continue rent control for a period of one year President Sranschrid observed that inasmuch as the matter of rent control has been more or less taken. care of by the Federal Government, there would be ne necessity for action by the Council at this time. He thereupon ordered the communication. filed. ±h7om The Utah Construction Company, submitting its application to dredge and use material from the area off-shore from the proposed development on Bay Farm island, and to install whatever dredging equipment or other facilities may...be re- quired for this purpose. Councilman Jones moved the City Manager bo authorized to negotiate with The Utah. Construction Company to ascertain what arrangenents can be made with it regarding the taklng of fill from the tidelands. The motion was seconded by Councilman Sweeney and unanimously carried. zI V ± a From The Utah Construction Company, with regard to Government regulations con- cerning the development of Bay Farm Island for residential and commercial purposes. Councilman Jones moved the Llayor be authorized to send an appropria - letter to The Utah Construction Company, outlining the position of the City- of Alameda with re- sPect to the City's need for housing. The motion was seconded. byCouncilman Osborn and unanimously carried. 5 Prom . rom tbe West Alameda Association, with. regard to the proposed reclassification of certain pronertyin the west end of the City, including tidelands lying south of Central Avenue. Follewing the reading of this communication, President Branscheid stated the Council fully recognizes the importance of the matters brought out in this letter and assured the representatives of the West Alameda Association. presort that the Council would be glad to give them full consideration when and if the ratter of rezoning is taker under advisement. He thereupon ordered the communication filed. 0OLI 0 CI\IMUNI C21 '11 ONS o rn;'" Sr, Frank Gottstein addressed the Council with regard to the removal of the Southern Pacific Company's tracks on Lincoln Avenue, inquiring If any new develop- ments had occurred. The question was referred to the City Attorney, who stated there was nothing new to report. HEARINGS: )-7 The matter was called up concerning the appeal by the Fernside Yarina Home- owners Association from the action of the City Planning Tdoard in granting a Use Permit to allow an encroachment into the required side and rear yard areas of premises known. as 2967 Windsor Drive, Councilman. Osborn asked to be excused from participating as a Councilman in this matter and stepped down into the audience. Er. Edward Peck, Attorney, represented U..r. Ralph 5or'en, and stated he was rroPared to meet any arguments as to the use of 1'ae property permitted by the it Planning Board. He stated he felt the action was proper and declared that he would rrefer to answer any objections raised by the opposition rather than to offer further evi- dence. The letter from. the Fernside Narina Homeowners Association was road at this point, and President Branschold called for a statement bv the protestants. Mr. Harmon. C. Heald, Secretary of the Association, addressed the Council, stating the FernaIde Marina is strictly a residential area where the owners take great pride in their home and in keeping them. up. He introduced the Tract restrictions, • • Pointing out that the operation of a radio broadcasting station, is in. violation of 1 d.oeoe restrictions. He also remarked that Mr. Morgan has operated his station for sometime without the knowledge of most of the residents in the area. He stated, • •••. • further, that Mr. Morgan now proposes to expand his building and to erect a new antennae which will be very unsightly. • • • • • • • • .••• ,,• • • „•• • • • .••• ,•• „„• • r. Heald Observed that MT. Morgan obtained a Use Permit from. the City Planning Hoard on the strength of the fact that he was going to engage in Civil Defense work with his radio station. Mr. Heald asked for, and received permission to call for a raising of hands of the audience concerning this question. He first asked those 1n favor of the denial of the application to raise their hands and following that, those who were in favor of the granting of the application. This raising of hands de- veloped that about 20 were opposed to the granting of the permit and 10 were for it Mr. Peck stated he felt the action of the Planning Board was indicative of what should be done by the Council, inasmuch as the Planning Board had heard all the testimony: seen the net presented in favor of the granting of the use of this Pronerty for this purpose; seen the letter from the Fire Chief, stating that it would not create an particular fire hazard and also_had the approval of the Chief Radio Engineer of the City. In the matter of deed restrictions prohibiting the operation of radio stations in the area, Mr. Peck exhibited a deed to the property in question and pointed. out that no restrictions of any sort are set forth therein. He spoke of the importance of this station in the matter of Civil Defense and pointed out that the station is licensed by the Hederal Communications Commission, At this point, President Branscheld requested Mr. Peck to confine himself to the matter of the building itself rather than the use to which it would be put. Fr. Peck agreed as to the matter before the Council, pointing out that so far as this present acnlIcation is concerned, the use to which the structure is to be put has no bearing on the hearing. He did state that the building would be slightly larger than the old one and that it world. be good looking and an addition to the neighborhood. ,••• Councilman Anderson observed that the Planning Board evidently did not feel this is • .••• ,.• . a desirable tbing inasmuch as it granted only a Use Permit for a specified length of tine - and. Mr . Peck took exception to this on the grounds that it was an unwar- , „••• ranted conclusion from the facts before the Council. Councilman. Jones inquired . why it was necessary that this particular installation. .• be made in the Fernside Marina District, pointing out that there is obviously a considerable dissatisfaction .. on ,the part of surrounding neighbors and in spite of this, Mr. Morgan desires to place the building at this point. Mr. Peck answered this inquiry by stating that amateur radio Is a bobby with Mr. Morgan just as there are other hobbies with other people, and this particular hobby contributes to National Defense and provides trained radio personnel in time of disaster. He cited a de c 1 si on of the Surrome Court of Minnesota bearing on the question of the operation. of radio stations in residential districts in which. such ••• use Is upheld on the grounds of public convenience and necessity. ,•'! .••• „• „• • Councilman Sweeney observed that, with all due respect to radio stations, he felt the only interest of the Council is the matter of the encroachment into the rear •• and side yard areas. ,• „•' Mr. Osborn appeared as an opponent of the application. and stated that Jr . Morgan has boon operating this station as a nuisance in the neighborhood for sometime past. .• s• He mentioned the proposed erection of the new aerial and Mr. Morgan stated that he • :• has already obtained from the BuIldin, Department of the City the permit for the ..•••• construction of the new aerial, • Yr. Osborn stated that nebody seemed to have any knowledge of this permit having been . granted and questioned the necessity of increasing the size of the building •• If the power of the station is not to be increased. .•• President Branscheid observed that the hearing was getting into the radio phase of •• the situation, over which the Council has no control - and suggested the matter be • •••• put over for further study. Be pointed out that the only question before the Coun- cil is whether or not permission should be granted to encroach into the rear and s• • • • side vards. Councilman Jones moved the matter be continued to the next meeting of the Council. Tbe motion. was seconded by Councilman Sweeney.. The question was rut and the motion „• „• „••• carried by the following roll call vote. Ayes': Councilmen Jones, Sweeney and •• President Branscheid, (3). Hoes: Councilman. Anderson, (1).. :Tot Voting: Council- : •••••• • man Osborn, (1 ) . Absent: Yore. • ..„ • 17 1 CCT-7mTE7S: S. From. the it Manager, recommending that a thirty-day extension. of time be granted to McGuire Hester, for the comnietion of their work in connection. with construction of a Storm. Water System on Sherman Street, North. of Buena Vista Ave- nue - Specifications No. FW 2-50-15. The lettermfrom McGuire Hester explainin the reasons for their request accompanied the City Naraa:er's recommendation. Councilman Anderson roved the City Mana7er's recommendation be approved and a thirty-day extension. of time from March 12, 1511 be granted to McGuire 7,7. Hester fer the completion 'of this project. The motion. was seconded by Councilman...Sweeney and unanlmoualy carried. 9. From the City 'Manager, stating the work in connection with the improvement of Post, High. and Calboun. Streets has been completed to tbe satisfaction. of the City En7ineer. He recommended that it be accepted and Mr. Robert L. Wooldridge, who had undertaken this project under Agreement with the City,dated January 31, 1950, be released from his bond. Councilman Osborn meved the City Marag,er's recommendation be adopted; that the work of this project be accepted a-id Mr. Wooldridge be released from his bond. The mo- tion was seconded by Councilman Anderson and unanimously carried. 7;t 3P7,"TR2GS: 10/ The matter was presented concerninrr the submission oO the Report of the Survey made by the Public Administration Service. Councilman Osborn . moved this matter be referred to a later point in the agenda. The motion was seconded by Councilman Sweeney and unanimously carried. 11. The next order of business was that of canvassing the Absentee Ballots and Returns of the General Municipal Election and Consolidated .:],pecial U C aJ Bond Election held March 13, 1951, President Branscheid declared a short recess for the purpose of making a canvass of the absentee ballots and returns. ESOUTIONS: 12. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution 7o. 4332 oarcelli, 0 fy Taxes or PronertY Acquired by the - 17-1 I State of ualilorn L., ia fOr a o,c,e The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. .Nye s:. Councilmen Anderson, Jones, Osborn, Sweeney and President Bransciaeid, (5), Noes: None, Absent: None. Thereupon the President declared .said resolution duly adopted and passed. 13. Tbe followin7 resolution was introduced by Councilman Sweeney, who moved It adoption: "Resolution No. 4333 Approving Third Supplemental Mremorandum of Agreement for Expenditure of Sas Tax Allocation for Major City Streets and AMIthorizin7,theNExecution Thereof." . . The motion to adopt said resolution was seconded by Councilman Osborn end on roll call carried by the following vote. Ayes:. Councilmen. Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None, Absent: Tone, Thereupon. the President declared said resolution duly adopted and passed. 14. The following resolution was introduced by Councilman Jones, who moved its adoption: nesolution No. 4334 Transferring :::17,11,5.75 from the Special Public Health Fund to the ,..xeneral Fund." The motion, to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Ilnderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None, Absent:. None. Thereupon. the President declared . said resolution duly adopted ad passed. 15. The following resolution was introduced by Councilman. Osborn, who moved Its adoption; "Resolution No. 4335 Transferrirg 5,423.39 from the In Lieu Tax Fund to the Genera]. Fund.' The motion to adopt said resolution was seconded by Councilwan Anderson and on roll call carried by the followir- vote. Ayes: Council,,-en Anderson, Jones, Osborn, Sweeney and President Branscheid, :-oes: lone. Absent: Nope, Thereupon the President declared said resolution duly adcpted and passed. 16. The following resolution was introduced by Councilman Anderson, who moved its adontion: n- Aesolution 7o. 4336 Transferring 11,638.13 from the Alcoholic BeveraTe Control Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilren Anderson, Cones, Osborn, Sweeney and President Branscheid, (5). Noes: -7,one. Absent: -one. 7,hereupon the Presdent declared said resolution duly a onted and passed. 17. The following resolution was introduced by Councilman Osborn, who moved its adoption:. "Resolution No. 4337 Transferring 25,000. from the Parking Dile-ter Fund to the General. Fund-" The motion to adopt said resolution. was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None, Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Anderson, who moved its adoption: un Aesolution No, 4338 Adopting Specifications for Furnishing 200 Cotton Twill Uniform Police Jackets, 200 Cotton Twill Uniform Pants and 200 Overseas Cans to the City of Alameda, Calling for Bids and Directing the City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Pranscheid, (5). :oes: one Absent: None. 'hereupon the ?resident declared, said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4330 Adopting Specifications for Furnishing 150 Fire Helmets, 150 Water -'!epollent Coats, 150 Black Jeans, 55 Coverall Suits and 28 Fibre Glass Hats to the City, Calling nor Bids and Directing the City- Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Janes, Osborn, Sweeney and Tresident -Branscheid, (5). roes: rone. Absent: Hone, Thereupon the President declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4340 Establishing a Cash Difference Fund and an Overage Fund for the Treasurer and Tax Collector." Inc motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilnen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Foes: None. Absent: :Tone. Thereupon the President declared said resolution duly adopted and passed. 21. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4341 Declaring Canvass of Returns and Result of General. Yunicipal Election. and Consolidated Special pal Bond Election Held on Yarch 13, 1951." The motion to adopt said resolution. was seconded. by Councilman Anderson and on call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and Presidnnt Branscheld, (5). 7oes: None. Absent one Thereupon the President declared said resolution. duly adonted and passed. roll 22Y The following resolution was introduced. by Councilman Osborn, rho moved , adoption: "Resolution No. 4342 Resolution of Intention to Ch nge Zone, on Council's Own Dation, of.Certain Real Property in the City of Alameda, County of Alameda, State of callfornia." The motior .. adopt said resolution was seconded by Councilman Jones. MT. Shearer, Attorney for the West Alameda Association, requested permission to address the Council in this matter and President Bran ld pointed. ont to him. that the resolutior .. is one of intention. and is not debatable at this time. He stated that the resolutionLestablishes the date for a hearing before the Planning Board and before the Council at a later date. T1U.. Shearer stated he did not wish to go into the merits of the resolution at this time and the only question is whether or not the matter can properly be derod at all before this coming August. He stated as to that question, he was not pre- pared to take a definite position one way or the other, but pointed out that in the case of a similar ordinance in the City of Oakland, the matter came up before judge Hoyt as to whether or not an ordinance prohibiting the Council from consider- ing a matter, also nrohibits the Council from bringing the matter nn on its own. motion- He stated that tbe Court in this case held, that the matter could not be considered in any manner. Mr. Shearer stated that the purpose of the West Alameda Association is not to block construction, but to obtain the proper sort of construction and further, he stated. there are discussions planned between the proponents of the rezoning and the West Alameda Association, and it is quite possible that ar . agreement may be reached whereby the Association can come to an agreement with the Congress Construction Corporation. as to the proper type of construction in the west ed- He stated that ill view of the fact that these discuesions are about to get underway, it was the feeling of the West Alameda Association that the Council should delay any further action . until the results of these discussions are knmn, as the developments of such discussions mi7hr well tae a load. off both. the Planning Board and the Council. He thereupor requested that the resolution. be put over for another montn . pending the outcome of the proposed discussion President :Branschold thanked He. Shearer for hls suggestion and stated that it was his feeling that dnrir7 the interim there will be sufficient time to work ort these matters simultaneously. He stated that as to the technical point of law raised by r, hearer - as to whether or not the Council had any ri-ht to consider the matter at all at the present tire - he would. ask the City Attorney if the pro- cedure the Council has undertaken is le7al. Nr. Whitney stated he believed it was. Ho remarked that ho has checked into the matter an while he is not familiar with the Oakland Ordinance, the Aaameda Ordi- nance gives the Council, rower to raise the question on. its own. initiative. President Branscheld stated the Council will have to abide by the advice of the City Attorney i]1 this matter. Councilman Sweeney inquired as to what would be the over-all time lapse from the passage of this Resolution of Intention until final action is taken by the Council. President Branscheid answered that be thought it would. depend entirely unon circum- stances developed bnfore the Planning Board, which will got the requosted rezoning at its next meeting to Inc held March. 9,S. Councilman Tones pointer1 . gnt that under this proposed resolution there Is provision made for a small commercial. area, as well as dwellings to be constructed. He stated an. attempt is belug made to make the property acceptable to tbe Federal Horsing Authority requirements anJ the inclusion of a commercial area will constitute a modification. 0" original proposal. 711 oues,h,n was called for at this point and the Resoluation of Intention. was adopted by the followinf vote. Ayes: Councilmen Anderson, Jones, Osborn, Sween.F)y and President Branscheid, (5). 'cos: None. Absent: None. . Thereupon. the Presi- dent declared sai1 . resolution. duly adopted c. -1 passed. ORDINANCES FOR 'RUTiS., 23. U0rdinanc e 2o. 1019, New Series An Ordinance Authorizing the Sale and Exchange of Real Property." Councilman Osborn moved the ordinance be adoptet . as read. The motion was seconded by Councilman Sweeney and on roll call carried by the following, vote. Ayes: Coun- cilmen Anderson, Jones, Osborn,. Sweeney and President Branscheid, (5). Eoes: None, Absent,: None. 24. "Ordinance 70. 1020, New Series An crdinance Amending the Alameda Municipal Code by Adding Subdivision (25) to Section 17-342, 77elating to Two-Four Parking.".. Councilman. Anderson moved the ordinance be adopted as read. The motion was seconded bY Councilman Osborn and on roll call carried by the following vote. Ayes: Coun.- oilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). 7oes: Tone, Absent: None. 25. "Ordinance No. 1021, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (31) to Section. 17-432 Thereof, Relating to Ston_Intersections." Councilman Sweeney moved the ordinance be adopted as read. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Coun- cilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: Hone, Absent: None. 26. "Ordinance Ho. 1022, New Series An Ordinance Reclassifying Property by Adding Section 63 to Ordinance No. 725, New Series. (Neptune Cottage Court). Councilman Jones 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, Osborn and Sweeney, (4). Noes: President Branscheid, (1). Absent: None. FITTN2-: 27. Specifications - No. 25 3-51-7 - Civil Defense Auxiliary Policemen's EquiPmert. Specifications - No. YS 3-51-8 - Civil Defense Auxiliary Fire-rents Equipment. 00 Third Supplemental Nomorandum of Agreement - Between State and City - For Lajor City Streets. 30. Three Rcuorts from Public Administration Service concerning its Survey. TTITTZ: 31. An itemized List of Claims against the City of Alameda and the several Donart- rents thereof, In the total amounts as follows, was presented to the Council at 'his meeting: general Departments, ,.,i16,972.22; Police Department, -,3,406.75: re Donartmort, :214.26: Street DePar"-mert, c:',4,173.60; , 2oalth DePartnent, ,:937.68: First id Department, ,1,98.12; Recreation Departnert, ,,195.76; fart 2epartment -,1 202.03; C-olf Course Department, ?l,376.03: Social Service De- A , , ,, partmert .96.61. Partin- leter Fund, 24.79- Store Denartment a 043.35- _ , / - ,,, _ , ,..,, , -pound Donartment, ,63.43; Civil Service _flenartment, ;?15.: Civil Defense De- partment, ,6,933.73; Jas Tax No. 1 ilund, :64.01: Sas Tax 'Jo. 2 Tund, "7,) / 079.51: ,4 Traffic Safety Furd, 3,309.74; Engineering Department Deposit 7urd, ,,525.67; Fast Bay Nunicipal Utility District Fund, ,037.03. Councilman Jones moved the bills as itemized in the Mist of Claims filed with the City ClerL on "arch 20, 1951, and submitted to the Council at this time, be allowed and paid. She rotion was seconded by Councilman Anderson and or roll call carried by the following vote, Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: Yono. Absent: 70ne. 32( At this point, ?resident Branscheid stated the matter of the submission of the uerorr by the Public AdmInistrstion Service would come before the Council. thoreu-on introduced LTr, Herbert A. Olson, who Trade a presentation of the 7.epor pointing out that i t i s com-osed of three d o c u r q entlti,1 "murlci Pa] Organiza- tion and Administration," "Revenue Structure and Fiscal Trends," and "Recommended Pay lan for Positions in Municipal Service." Mr. Olson discussed briefly t approach to the preparation of each of these docu- ments; gave some indication as to what was expected to be accomplished b the recon- mendations at and expressed the opinion that a study of the plans and recommenda- tions proposed would prove helpfua to the City Administration in streamlining the Government of the City. President Branscheld thanked Mr. Olson for the report and suggested that Inasmuch as nobody has had much . time to study it, it was obvious that nothing could be done at the present time concerning any action with reference to the Report. He stated there will be a number of copies of the Report to be passed out to the public and that all members of the Citizen's Advisory Committee will be supplied with copies. Also, he stated there will be a copy of eacb .. report en file with the City Clerk available to anyone desiring to look into them. President Branscheid stated that after the Citizen's Advisory Committee has studied. the reports, the Council will be glad to discuss the contents fully with. the Con- nittee. He invited questions concerning the reports at this time and there being none, he expressed the hope that the newspapers wirl cooperate with the City in the natter of disseminating the information presented. 33. Councilman Sweeney stated he would like to report the first meeting of the Flag Day Committee was held last Menday evening in the Council Chamber. He stated that hia Da this 7year is to be divided into two sections, namely, Civil, Defense and an Historical Pageant based on the fact that this is the TOOth Anniversary of the City of Alameda. He stated there will be quite a pageant militarywise and that 'the en- tire production will be staged on Sunday, June 10. He announced the next meeting of the Committee will be Monday, April 9, and invited. all interested persons to attend the meeting, and assiet in making the observance an outstanding one. President 1Thanscheid commended Councilman Sweeney for the hard work he has done on this Committee in the past and expressed his belief that the coming observance will be as successful as those of past years. he asked. for the help and cooperation. of the citizens in putting this program over.. 34 President Branscheid announced the deaths of two retired. Police Officers, Arthur blunt and Theodore Anderson, who had served the City faithfully and well for many years. ADJOURNMENT: 35. There being no further business to come before the meeting, the Council ad- journed in respect to the memories of Arthur Blunk and Theodore Anderson - to assemble in regular session on Tuesday _evening, April 3, 1951, at 8:00 o'clock. Respectfu