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1951-04-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING APRIL 3 1951 The meeting convened at 8:00 o'clock P. M. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and Presi- dent Branscheid, (5), were noted present. Absent:. None. MINUTES: 1. The minutes of the regular meeting held March 20, 1951, were approved as trans- cribed. WRITTEN COMMUNICATIONS 2. From the Department of Public Works, Division of Highways, with regard to its plans for the East Shore Freeway in.._Oakland, between Fallon and Market Streets, . and asking the Council to,set a time and place for a meeting in order that the plan may be explained and discussed. Councilman Jones, observing that this is a matter of considerable interest to all people of Alameda inasmuch as it has to do with the access to the existing Estuary Tube and any additional tubes which might be constructed, moved the Department of Public Works be requested to set the date of the proposed meeting on_Wednesday evening, April 18, at 7:30 o'clock P. M. in the Council Chamber of the City Hall Alameda, and that notification be sent to the Oakland City Council in order that it might have ample opportunity to attend said meeting. The motion was seconded by Councilman Sweeney and unanimously carried. 3. From Parker Favier, 1030 Court Street, suggesting that the profits made in the operation of the Golf Course be expended only for additional facilities at the Alameda Municipal Golf Course. President Branscheid stated that inasmuch as this matter is already under study by the Citizens' Advisory Committee, it would be well to file the communication for consideration when the report of the Citizens' Committee is received. He thereupon ordered the letter filed. 4" From Fred C. Hallett, 3335 Liberty Avenue, requesting a permit to use certain City -owned property to the rear of his premises, for the construction of a building to house a small boat and garden equipment. Mr. Hallett addressed the Council in this matter, stating he would like to have per- mission to temporarily use the City property immediately behind his home for the construction of a building, and until such time as the City decides what it is going to do with it. He stated he had put some three hundred_tons of crushed rock in there to make the fill. He also informed the Council that at the time he purchased the property from Roberts' Enterprises, he was given to understand that his property extended to the shore line. He stated that, as it is now, a part of his lot is under water at high tide. The use to which Mr. Hallett would put the building he wishes to erect would be for housing a boat and garden tools and lawn furniture. He pointed out that he had done only what everybody else in the neighborhood had done - in filling City -owned property. President Branscheid asked if there were any objections and Mr. Alton Lee stated he was appearing on behalf of his father, Samuel Lee, who was under the impression Mr. Hallett's proposed building was to be put to some commercial use. Upon Mr. Hallett's assurance that no such use was contemplated, Mr. Lee stated he would withdraw his father's objections. Several other persons residing in the neighborhood addressed the Council - Messrs. Fraser, Porikos and Cooper - stated that, in their opinions, and from the observa- tion of what has happened on Mr. Hallett's property, there is no question but what he intends to engage in the boat building or repair business. They pointed up the matter of the depreciation of property values; the spoiling of the view due to the obstruction created by the proposed building and suggested that it was a violation of a tacit understanding among all property owners in the vicinity that there would be no buildings of this type constructed without the consent of all adjoining owners. Mr. Cooper stated very definitely that Mr. Hallett is in the marine business and that on many Sundays there have been two, three and four boat trailers parked out on the street in front of his property. He also stated the yard is in a very lit- tered condition and from all appearances it would seem there is no question but that Mr. Hallett intends to carry on a commercial venture. Councilman Sweeney stated he was unable to see how the Council could allow any type of permit to build on City -owned property, remarking that if this were allowed, he or anybody else, could go down to one of the City parks and start building. He asked the City Attorney for his opinion as to the right of the Council to allow anybody to construct a building on City property. Mr. Whitney answered that, while he has not looked into the question, he would state that the property down there is tideland property conveyed to the City by the State; it is held in trust by the City of Alameda and the only rights the_City has are to lease the property for wharfage purposes and for other uses tending_toward develop- ment of harbor facilities. He stated, further, that he was not certain whether a permit to use the property would be in full accord with the terms of the grant. Councilman Sweeney moved the request for a permit to construct a building on the property in question be denied. The motion was seconded by Councilman Jones, with the suggestion that there seems to be some doubt in the minds of the residents in that neighborhood as to how far they can go in the matter of using City property. He stated he felt there should be a clear understanding about this matter and that he would like to suggest the City Manager be requested to have the Engineering 'De- partment establish the property line and determine to just what uses the City _ property is being put in that area. Councilman Sweeney amended his motion to include the suggestions made by Councilman Jones. Mr. E. Delventhal, speaking on the question, inquired as to what disposition would be made of the partially constructed building now on Mr. Hallett's property. Presi- dent Branscheid stated this was a matter that would be taken care of in the follow - through of the investigation which would be made. Councilman Osborn asked if there were any other violations in the neighborhood and he was assured there are no other structures of any kind on City property in that particular tract. Mr. Hallett stated that inasmuch as it is quite apparent that his neighbors do not want the proposed building constructed, it would be torn down during the coming week end - but stated he would like to know how far property owners in the tract can go in the use of City property lying behind them. He pointed out that Mr. Porikas has a concrete fence that runs out 70 feet beyond his property line and that this has gone far toward spoiling his view of the water. He suggested that this question of the use of City property should be settled so the owners might know what they can properly do. President Branscheid stated that question will be answered when the report is re- ceived from the City Manager and the City Engineer. The question was then put and the motion was unanimously carried. 5. From the Shoreline Planning Association, Incorporated, informing the Council that its activities will be somewhat curtailed during the fiscal year 1951 -52, due to the present emergency, and suggesting the member cities pay one -half the usual fee for dues in order that its office may be maintained at least on a part -time basis. President Branscheid stated the City of Alameda is interested in the matter of shore line development and suggested that before taking any action, it might be well to have the City Manager make a report on this situation. There being no objections, he ordered this procedure to be followed. 6." From Corporal Leonard B. Hollywood Post No. 939, Inc., Veterans of Foreign Wars, requesting a permit for the purpose of sponsoring the West Coast Shows, Inc. during the time from May 15, to 20, 1951, at the parking lot of the Bethlehem Shipyard on Webster Street. Councilman Osborn pointed out that sometime ago, in the early part of this year, the Council had received a request from the American Legion for a permit to sponsor the Foley and Burk Shows at this same location for the period from June 4, to 10, 1951, and that owing to the fact that this permit had been granted, the granting of a per- mit to the Veterans of Foreign'Wars would be highly inappropriate. He thereupon moved the City Clerk be.instructed to correspond with the Veterans of Foreign Wars, informing that organization of the situation and suggesting that it arrange for a later date for its carnival so it will not precede the date of the American Legion. The motion was seconded by Councilman Jones. There being no response to President Branscheid's invitation for comments or discussion on the subject, the question was put and the motion was unanimously carried. OPENING OF BIDS: 7. Bids were opened and read for the furnishing of certain equipment for the Auxi- liary Policemen in connection with the Civil- Defense program, in accordance with Specifications therefor, No. MS 3 -51 -7, as follows: From The Hub Schneider's Accompanied by certified check From Joel J. Frankel Accompanied by certified check From The Fashion Clothing Company Accompanied by certified check From Smiths Accompanied by certified check From Walter A. Flanigan, dba Walt's Accompanied by certified check - - - $3,831.60 in amount of - - - 383.16 - - - 3,429.00 in amount of - - - 350.00 - - - 3,275.40 in amount of - - - 327.54 - - - 3,271.28 in amount of - - - 327.13 Menshop - - - 3,275.40 in amount of - - - 327.54 The bids were referred to the City Manager for study and recommendation. 8 Bids were opened and read for the furnishing of certain equipment for the Auxiliary Firemen of the Civil Defense set -up, in accordance with Specifications therefor, No. MS 3 -51 -8, as follows: From E. D. Bullard Company - - - $1,607.62 Accompanied by certified check From J. C. Penney Co., Inc. Accompanied by certified check From Healy and Rogers Accompanied by cashier's check From Smiths Accompanied by certified check in amount of - - - , 156.00 in amount of - - - in amount of - - - in amount of - - - 740.88 74.09 679.80 68.00 645.81 64.58 From L. N. Curtis and Sons - - - 4,447.63 Accompanied by certified check in amount of - - - 450.00 The bids were referred to the City Manager for study and report. REPORTS OF COMMITTEES: 9t" From the City Manager, recommending that the Assistant Purchasing Agent be authorized to attend a seminar on Purchasing, to be held April 27 and 28, 1951, at the University of California, Berkeley, and that a sum not to exceed x¢15. be appro- priated for this purpose. Councilman Anderson moved the City Manager's recommendation be adopted; that the designated official be authorized to attend this meeting and the sum of $15. be allowed for his expenses. The motion was seconded by Councilman Sweeney,and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None._ Absent: .None. 10. From the City Manager, requesting authorization to dispose of some two thou- sand items of surplus nursery stock which cannot be used at this time - for the best price obtainable. Councilman Sweeney moved the City Manager's request be granted and he be authorized to dispose of this surplus stock. The motion was seconded by Councilman Osborn and unanimously carried. 11 From the City Manager, recommending that Mrs. Florence Drummond, Policewoman, be authorized to attend the Second Annual Conference of the California State Juvenile Officers' Association, to beheld in Hotel_Whitcomb, San Francisco, April 4, 5 and 6, 1951, _and a sum not to exceed $30.. be appropriated for „this purpose. Councilman Osborn moved the City Manager's recommendation be approved; that Mrs. Drummond be authorized to attend the specified Conference and $30. be appropriated for her expenses. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None.. 12 From the City Manager, requesting that Pioneer Rubber Mills be permitted to fill the City's recent order for certain Civil Defense Fire Hose with hose contain- ing a reduced amount of pure Para rubber, as changed on _March 1, 1951, by the Na- tional Production, Authority, which would not meet the requirements of the Specifica- tions under which the bid was made. Councilman Anderson moved the City Manager's request be granted and this firm be allowed to furnish the hose as manufactured under the new specifications. The motion was seconded by Councilman Osborn and unanimously carried. President Branscheid inquired of the City Attorney as to whether or not the Speci- fications in this matter would allow the reduction of natural rubber content as suggested. Mr. Whitney answered there was a provision in the Specifications that would permit this deviation. 13`/ From William McAuley, tendering his resignation as a member of the Social Ser- vice Board. Councilman Osborn stated that, with regret, he would move the acceptance of this resignation. The motion was seconded by Councilman Anderson and unanimously carried President Branscheid stated all of the Council regret this resignation inasmuch as Mr. McAuley had been a very good Board member and very conscientious in the per- formance of his duties. 14. From the Citizens' Advisory Committee, transmitting its Resolution No. 14, pre- senting suggested priorities for the construction of proposed..public works and im- provements - listing nine projects for consideration. Councilman Jones suggested this matter should first have the consideration of the City Planning Board as it is closely tied in with the work of that Board. He there- upon moved the communication from the Citizens' Advisory Committee be referred to the Planning Board, with the request that it be given study with the idea of submit- ting a report to the Council, together with the Board's own recommendations as to priorities in the construction of public works and other improvements. The motion was seconded by Councilman Osborn and unanimously carried. 15. From the City Planning Board, recommending the reclassification of two lots known as 1021 and 1009 Union Street, being more specifically described in the peti- tion, from the "A't One- Family Dwelling District to the "B" Two -to -Four Family Dwelling District. Councilman Sweeney moved the recommendation of the City Planning Board be approved; that the property in question be rezoned from the "A" to the "B Dwelling `District. The matter was then referred to "Introduction of Ordinances."- rdinances . " 16 From the City Planning Board, recommending the reclassification of certain property in the west end of the City, including some tidelands, lying south of Central Avenue between Third and Fifth Streets - being more particularly described in the petitions - from. the "A" and "B" Dwelling Districts to the "C" Multiple Dwelling, and. "D" Commercial_Districts. .This matter had been initiated by the Council's adoption of its Resolution of Intention to Change Zone at the meeting of March 20. Councilman Osborn moved the recommendation of the Planning Board be adopted; that the property described be reclassified to the districts specified. The motion was seconded by Councilman Sweeney. President Branscheid called for comments or discussion on the subject. Mr. Shearer, Attorney for the West Alameda Association, addressed the Council, stat- ing that the Association had had a meeting with the applicants in this matter and he wished to make a report on the results of that meeting and the attitude of the West Alameda Association with respect to this proposed rezoning. He stated the Associa- tion has spearheaded the objection to the rezoning in order to achieve the best possible type of construction that could be had there; that plans, specifications and models were submitted and discussed and it was felt they were a definite improve- ment over the original plan proposed last August; that the plan submitted last August called for construction under Title VIII of the Housing Act, which would have given the Government considerable control in the operation of the property; that the present plans do not call for financing under that Act, but under the Federal Hous- ing Authority and the contemplated buildings are better than those first proposed and as a result of this, the tax revenue to the City will be greatly increased. Mr. Shearer stated the understanding had between the West Alameda Association and the Congress Construction Corporation on the matter of the development of this property is as follows: (1) The plans and specifications that the Association is asking be made a part of the records of the Council are to be changed to this extent (a) Central Avenue, between Third and Fourth Streets, will be devoted to single- story duplexes, with elevated rear bedrooms if necessary; (b) The Congress Con- struction Corporation has agreed to give immediate consideration, to the school prob- lem which will be posed by the influx of so many families and children. (2) In making these plans part of the record, which we are now suggesting, and which has been agreed upon, we fell the Council should be prepared to specifically instruct the Building Department of the City to enforce adherence to these plans with the one condition that there may be some minor changes made necessary by the requirements of the Federal Housing Authority, but no substantial departure should be permitted. He stated that he would request the Council to consider the matter of requiring the construction company to post an adequate performance bond to assure the completion of the development according to the plans submitted and agreed upon. Mr. Shearer pointed up the fact that while the Association is agreeing to the rezon- ing of the property it is not giving its approval to these plans as it does not feel that this is the ideal construction for the tidelands in that part of the City. He stated that in the opinion of the Association, single - family dwellings bring in the best type of citizen and is the ideal occupancy, but that the Association is un- willing to assume the risk of further objection to the reclassification subject to the terms that have been suggested and is, therefore, willing to let the matter stand submitted to the Council on such terms. Mr. Shearer stated there were one or two matters that should be considered in con- nection with the application: First, the filling of a certain area which is north- east of the dyke out there now and which is not the property of the applicant but that of three or four neighbors. He stated the rear of these lots are now more or less mudholes and the Congress Construction Corporation has.agreed to fill in that land together with its own land. He suggested the Council should consider steps to see that this agreement is carried out by the Corporation. Secondly, concerning the Yacht Harbor, Mr. Shearer stated this may be delayed or built immediately and that it poses the question of filling in the area for the freeway. He stated it was his understanding that the Congress Construction Cor- poration has agreed that if the Yacht Harbor is not built at once, that portion to be used by the freeway will be filled in at its expense and that the seawall will be built sea -ward from the area for the freeway. Mr. Shearer stated that on those conditions which he felt the Council had an obligation to see complied with, the Association would go on record as having no further ob- jections to the rezoning. Councilman Osborn inquired of the City Attorney whether or not it is within the au- thority of the Council to require a bond from the Congress Construction Corporation, as suggested by Mr. Shearer. Mr. Whitney replied that this_could not bedone as the rezoning cannot be conditioned upon the filing of any bond. At this point,- President Branscheid called upon Mr. A. Hubbard Moffitt, Attorney, representing the Congress_ Construction Corporation, for, his comments on the situa- tion. Mr. Moffitt stated he felt the Council would have adequate opportunity, if the ordinance rezoning the property is adopted, to safeguard the City in the matter of carrying out the plans submitted and in performing those matters spoken of by Mr. Shearer. He pointed out there must be a lease agreement entered into in connection with the Yacht Harbor -- that Mr. Shearer's statements with regard to the type of buildings between Third and Fourth Streets on Central Avenue is to be part of the plan and that it is the object of the construction company to build this develop ment in its entirety in one operation. He stated the Congress Construction Corporation has agreed. to the conditions asked by the West Alameda Association because it was felt the property along Central Ave- nue will enjoy a more picturesque setting than if raised to a higher elevation. He said he regretted the fact that the performance bond could not be posted, but was sure the City, through its various Departments, will have adequate opportunity to safeguard the property owners to see that this project is carried through. The Yacht Harbor is to be an integral part of the proposal, he stated, and the breakwaters will be completed, as well as the freeway arrangements in the manner outlined. At this point, the question was called for and the motion was put and unanimously carried. The matter was then referred to "Introduction of Ordinances." 16:/ At this point, the City Manager stated that due to the urgency in the matter of procuring. for the auxiliary policemen, the bids received and read earlier in the meeting for furnishing this equipment, had been analyzed and that Walt's Menshop has submitted the lowest and best bid. He thereupon recommended the con- tract for furnishing these items be awarded to this firm. Councilman Anderson moved the City Manager's recommendation be approved; that con - tract be awarded to the specified store for supplying the items mentioned and that the checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Council- men Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). _Noes: None. Absent: None.. INTRODUCTION OF ORDINANCES: 17. Councilman Sweeney introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying Property by Addin Section 64 to Ordinance No. 725, New Series. (1021 and 1009 Union Street) 18. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying Property by Addi n Section 65 to Ordinance No. 725, New Series. (West End Property and Tidelands) UNFINISHED BUSINESS: 19. The matter was called up by President Branscheid concerning the appeal from the action of the City Planning Board in granting a Use Permit to allow an encroachment into the required side and rear yard areas. This is in connection with the operation by Mr. Ralph Morgan of a radio station at the.property known as 2937 Windsor Drive. Mr. Peck, Attorney representing Mr. Morgan, stated his client was present for the purpose of taking part in any further discussion of the subject before the Council. He stated there was no change in the situation as far as Mr. Morgan is concerned. Mr. Heald, representing the Fernside- Marina Homeowners Association, stated there was no change in the attitude of_his organization in requesting that the action of the City Planning Board be rescinded. Mr. Peck suggested that the Planning Board had held extensive hearings on this mat- ter and had approved the issuance of a Use Permit; that there are petitions on file supporting Mr. Morgan's position and that a perusal of those documents should show where the merits of this case stand. He thereupon submitted the matter. Councilman Sweeney stated that, personally, he did not like creeping paralysis and would, therefore, move the action of the Planning Board be reversed and the Use Permit be denied. The motion was seconded by Councilman Anderson. Mr. George Mitchell asked for and received, the privilege of the floor and pointed out that while this matter has been before the Planning Board and the Council for some eight weeks, there has been no meeting of the Fe rnside- Marina Homeowners Asso- ciation during that time on this subject. He discussed the Tract restrictions and pointed out there are other buildings in the tract similarly.constructed. The question was called for and the motion was put and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Sweeney and President Branscheid (4) . Noes None. Absent: None. Not Voting: Councilman Osborn, (1) . RESOLUTIONS: 20. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4343 Accepting Grant of Easement from Gordon A. Pritchett and Ada W. Pritchett, His Wife, in Certain Real Property, for Sewer Purposes, and Co nsenting to the Recordation Thereof.' 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 Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 21. . "resolution No. Requesting State Legislature to Amend Health and Safety Code to Provide for Increased Allotments to Cities for Health Services." Councilman Sweeney moved this resolution be held over for further study inasmuch as the Council has had no opportunity to look into the matter. The motion was seconded by Councilman Jones and unanimously carried. 22. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4344 Rescinding Resolution No. 4330 and Authorizing the Execution of an Agreement with Alameda Bayside Construction Corp. for Removal of Rock Riprap, Reinstalling Same at New Location, and Construction of a Fill." 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 Branscheid, (5). Noes: None. Absent: None. hereupon the President declared. said resolution duly adopted and passed. 2 President Branscheid pointed out that this resolution merely changes the name of the contractor from Congress Construction Corporation to Alameda Bayside Construc- tion Corp. 23. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4345 Adopting Specifications, Special Provisions and Plans for Construction of Storm Water System on Paru Street Between Santa Clara Avenue and Lincoln Avenue, Calling for Bids and Directing City Clerk to Advertise Same." 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: Nome. Thereupon the President declared said resolution_ duly adopted and passed. Councilman Sweeney asked for an explanation of this resolution. Mr. Froerer stated this is a part of the contract for the contemplated resurfacing of Santa Clara Ave- nue from Park to Webster Streets in connection with the major street program. He stated it is necessary to make such installations before the resurfacing is carried out and it is no departure from whathas been done along that portion of Santa Clara Avenue already resurfaced. 24. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4346 Adopting Specifications, Special Provisions and Plans for the Construction of Standard Culverts, Calling for Bids and Directing 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, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared. said resolution duly adopted and passed. 25. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4347 Adopting Specifications, Special Provisions and Plans for Furnishing and Installing Cable for Civil Defense in Existing.Cable Conduit, Calling for Bids and Directing City Clerk to Advertise Same." 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. FILING: 26. Specifications - No. PW 10 -50 -33 For project of Constructing Paru Street Storm Water System. 27. Specifications - No. PW 10 -50 -34 - For project of Constructing Standard Culverts at Certain Intersections. 28. Specifications - No. PW 4 -51 -2 - For project of Furnishing and Installing Cable in Existing Cable Conduit for Civil Defense. 29. Grant of Easement - From Gordon A, and Ada W. Pritchett. 30. Financial Statement - Middleton, Hiller & Hackleman - Bureau of Electricity - Month ending February 28,_1951. BILLS: 31. 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 Council at this meeting: General Departments, $323.07; Police Department, $7,969.33; Store Department, $81.; Civil Defense Department, $10.44; Engineering Department Deposit Fund, $p20.; Fire Department, $9.89. Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on April 3, 1951, and presented to the Council at this time, be allowed and paid. The motion 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. ADJOURNMENT: 32. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, April 17, 1951, at 8:00 o'clock. Respect full ler ifOr • Itted„ y Clerk 29