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1949-01-04 Regular CC MinutesREGITAR MEET717 07 THE. COUNCTL 07 TT7 ATAMEDA T41,LD, TUSDAY 8WETTITn JANUARY 4, ,e1_949 Theemeeting convened at ':CO P. M. with President Branscheid presiding. The roll was called. and. Councilmen Anderson, Jones, Osborn, •Sweerey and. President Branscheld, (5), were noted present. Ab'sent:. None. 1. The minutes of the regudLar meetlg• hold December 21, l946', were approved as transcribed. WRTTTEN COMMUMIOATIONS: Fror . the ahorellne Plannein Association, inc., enclosing a copy of the bill entitled, "An. Act to provide for the development and. improvement of State Parks now or hereafter incorporated in the State Park System, and making an. appropria- tion therefor." 7his bill wi*11 be sponsored by the Association ard local support also Is urged._ Councilman. Jones observed that thls is a matter whlch Is of vital 1..-mportance the City. of Alameda because of the beac'1 . development program. ir contemp-lation. Be expressed the opinion that the Council should definitely call_ upon Senator Arthur H. Breed, Jr and Assemblyman Randal F. Dickey, asking them to give the bill their full.. study and support so that the matter wila receive proper considera- tion in. the LepTature. He also sugs:ested that the press shenid be requested to give it very carefnJ. consideration, ard expressed. the feeling that It will be en- tirely united in. presenting the natter when the nroposed bill is understood. Fe thereupon moved. the Clt7 Manager be reeuested to write a letter to Senator Breed and Assemblyman Dickey, asking their consideration and support of the proposed legislation- The motion was seconded by Councilman Osborn and unanineuly carried. 1 A ] A 1 1 retitior 1100 77roe.0t0(i, signe, a oy property. owners and tenants or Avenue, between Fifth and. Webster Streets, requesting protection. aanet.damage 1 to property ard persor. by children from the Chipman. Federal Houlng Project. President Branschefl.d called upon. the City Manag;er for a report on, this matter. Yr. Froerer stated that immediately the petitior was received, it was referred to the Police Department and this Department has made a thorough.. investigaton of the C0 nditions surroundln7 the matters set forth. in. the petition. He stated. that ap- parently there had been some difficnaty with children going to and from. school and that the natter is rnw under control and he felt the situation.. complained of will be entirely corrected by the Police Department. President i110<'0' .0 requested. the 0 Clerk to advise Yr Terzo Buti, one of the petitioners, that the matter is presently under investigation and will be followed up and satisfactorily disposed of. From. McCruire and Fester, Contractors, reqvesting an additional extension of time to January 15, 1949, for completion of the project of installing a storm water line on.. Fountain Street, south of Calhoun. Street, in accordance with Specifications Jr d Plans therefor, Fe. PW Councilman Sweeney moved the extensio01 . of time for completion. of this work be granted as requested. 7110 motion was seconded by Councilman Osborn and unanimously carried, o. ,From the City Manager, concernIng his investigation of traffic condAtions on Webster Street at Atlantic Avenue and, north thereof. He reported that the State 907 '190L1 flpn,,rteilt bad been contacted with -1-11(,) ef 17nhts • over the three lanes of north-boun(9 . traffic but Mr. Simmons, the State representa- tive, had recommended against such lights, stating they would result in mere con- fusion. Mr. Froerer stated. the City now maintains a traffic officer at this loca- tion durin. the morning congestion. he'ro' . The report was ordered filed. 0 4 From the City Manager conc,rnin the request of the Alameda Woman's erove- ment Club, Inc. to have benches installed at varloue bus stops in the City. He stated that the Key System, has bee11 . requested to have a bench placed at the south- east corner of Third. Street and Lincoln Avenue, one at the nerthwest corner of Webster Street and Lincoln Avenue and to repair the bench now installed at Mozart Street and Santa Clara Avenue, President 190.011.0C1101 (1 suggested that the Alameda Woman's Improvement Club be noti- fied of the action. 7 07/e7e. and thereupon ordered the report filed. From t City Manager, requesting authorization to•dispose oflapproximately 4 tons of junk pipe removed from. old electrolier poles, which is new stored. at the Corporation. Yard. In response to an. inquiry as to the approximate value of the nine referred to in the renort, Mr. Froerer stated that while the actual value of the Material is un- knewn, he estimated it will bring about V5.00 per ton. He outlined the procedure followed in can of this sort, involving the notification.. of certain dealers that material is available, asking for Quotations and. selling to the highest bidder. Councilman Sweeney moved the requested authorization be given for the disposal of the designated. junk pipe. The motion was seconded by Councilman 3-0 nes and unani- mously carried. . ,. 8'. From the City Manager, renorting on the investigation of the natter of regu- ' lating the sale of comic books, stating that from all information received, it was the almost unanimous opinion that the sale and distribution of theSe books should be regulated but there was variance of opinion as to how: this could be accomplished.. President Branscheid commented favorably on the very complete report presented in thia matter and observed that it embraces a very controversial subject, pointing out that while many cities are acting to ban the sale and distribution . of comic books, the legality of the various ordinances is extremely questionable. He suggested that until such time as the legality of such enactments has been established, it would seen to him there woul d. be no point in the City of Alameda taking any action in that direction. He suggested that a cony of toe report be sent to the organization making the request for the enactment of an ordinance and that, pending the adjudication of the legality of the ordinance, tbe matter be referred to the Committee of the Whole. Councilnan Jones suggested further that the Parent-Teachers Association should also receive a copy of this renort in order that lt.migbt consider the matter, pending the outcome of litigation now under way. Thereupon Councilman Sweeney moved that both organizations - the Wemens Christian Temperance Uniori . and. the Parent-Teachers Association - be sent copies of the report and that the natter be referred to the Committee of the Whole for action at Ti proper time. The motion. was seconded by Councilman Osborn and unanimously carried. 0\s/ From the City Manager, concerning his investigation of the matter of the rejec- tion of the Alameda City Section of tbo Shoreline Master Flan by the State Park Connission- He reported that the Commission will be unable to give consideration. • to the City's Plan until a County Shoreline Master Plan has been nresented and therefore the City will be unable to secure any financial aid in. the development of its shoreline. President Branscheid stated that from his point of view, the City is now in. the • position where It can do nothing until such time as the County completes its Master Plan as required by the State. . Councilman Jones suggested that the Board of Supervisors of Alameda County probably Is not fully aware of the existing conditions and stated be felt that if the City Manager were requested to inform. the Board that the Council is very anxious to see such action taken, it would be very agreeable to going to work on the Plan. He suggested that It should. be pointed out to the Board of Supervisors that the City of Alameda has conplied in fual with. all, State requirements as to a Master Plan and felt that if the County realizes that, it will see the necessity for immediate action- He stated he felt the County should be requested to let the City know when • it can expect such Plan to be completed In order that the City's line of action maym be definitely determined upon. Fe also suggested that tbe Board be informed that many counties of the State have met the requirements as to Master PTans for beach development and have received funds for this purpose and that the Oity of Alameda is losing out because of the inaction of the County. President Branscheid requested the City Manager to write to the Supervisors, ex- plaining our situation and outlining the various matters covered in Councilman. Jones' remarks. Councilnan Anderson expressed a wish that the letter to the Supervisors explicitly state that it is written at the request of the City Council, ti/ 10'. From the City m n ger, concerning the matter of certain easements which had been granted to the City from The Atchison, Topeka and Santa Fe Railway Company and also from the Alameda Belt Line, for the installation of a stormwater pumping plant and outfall storm sewer near the northerly end of Sherman Street. He stated that the location of the pumping plant has been changed to a point nearlFortman Basin and therefore the original easements will no longer be needed. Mr_Froerer.. recom- mended these easements be quitclaimed back to the grantors. Councilman Jones moved the matter be referred to the City Attorney for the prepara- tion. of the necessary resolution or ordinance for quitclaiming the deeds of ease- ment mentioned. The motion was seconded by Councilman Osborn and Unanimously carried. 11 From. the City. Manager, reporting on the propos,ed Inetallation of traffic signals at the intersection of HAgh Street and Ferneide Boulevard. He stated that a traffic count was made and the at Hip:hway Department was conferred with and both vehicular and pedestrian. traffic was far 1i than that required to have sig.- nnls inetalled He therefore recommended a7ainst t Installation of uraillc sig- nals at this intersection at the present time. President Branscheld observed that the situntion at this intersection. is very bad becauee of the difficulty o ettin Into and out of the rin-rsection at Gibbons Drive. He suggested the matter be referred to the City Planager and that some type of island or channelization be worked out to simplify and. expedite the flow of traffic at the intersection, Councilman. Osborn made a motion to this effect, which was seconded t Councilman. Anderson and unanimously carried. 12:' Prom. the City Manager,. recommending that work be accepted and Notice of Com- ulotion be filed, concerning the nroject of making alterations to the City Nall in accordance with Special ?rovisions and. Plans No. TN 9-48-12, which wasunder con- tract to William.. McIntosh. and Son. Councilman Osborn moved the City Manager's recommendaUon. be accepted. and the TTotice of Comnletion. be ordered. filed. The motion was seconded by Councilman Sweeney and unanimously carried. 13, From. the City Manager, concerrins. tke survey and study made by Leren W. Eas. Traffic Consultant on. the bronesed franchise between. the City and. the Key_System, and recommending t this bill in the amount o2 ":P54.79 bc raid. Councilman Anderson moved the City Manager's recommendation be followed and. Mr. East's bill for the sum.. of P54.79 be allowed and naid. The motion was seconded by Councilman. Jones and on. roll call. carried. bir the following vote. Ayes:- 110 Anderson, Jos, Osborn, Sweeney- and President Branecheid, 'Nene Absent: None. 1.4 From the City Manager, recommending that work be accepted. and Notice of Com- pletion be filed concerning the -project of inetallin7 the exterelons of storm. water lines on High. and Post Stre.“,,,ts, in accordance with Special Provisions and Plans NO. YW 9-48-13, under contract to Rarls Brothers. Councilman Anderson 111 the City Manager's recommendation be accepted and. the Notice of Completion be ordered filed. The metion was seconded by Councilman Jones and unanimoualy carried. 15: From the City Manager, stating that It has been recommended that the tlne for payment of the assessments in.. connection with. the "lay Farm. Island Sewer Assessment District shoul1 be extended from. Jarraary 4, to Jannerv...18„ 1949. Councilman Jones moved. the time limit for these naymerts be extended to January le, 1949, as requested. The motion. was seconded by Concilman. Anderson and unanimously carried. INTRODUCTION UF _j _.'j 16. Councilman Sweeney introduced the following ordinance, after which it was laid over under provision of law and. the Charter: Orinance No. New Series An Ordinance Authorizing the Acquisition of Certain Real P7perty for Street and Highway Furnosea." ,Songey.) 17. Councilman.. Osbor11 . introduced the 1101 1 owin7 ordinance, after which.. It was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Authorl7 ine! the IOOr1 sition of Certain Fbal Property for Street and TM7,71T711:17 TIAT,noses." COO) 19. Councilman Anderso+1 . introduced l-)e folloin ordinance, sftor '7114 11 44" lai2 . over under provision of law and - -k - Am Ordinance No. New Series An Ordinance 114horizI11,.-1. Ito Acouioition of Certain Real Property for Street an.d Highway Purposes.•• (Gertrude 210" :19. Councilman Jones introduced the following ordinance, after which.. It was laid over under provisior .. of law and the Charter: "Ordinance Uo. - 0 zehN oeries An Ordinance Authorizing the Accu.isition of Certain Real Property for Street and Fighway Purposes." (knita Snadonl) 25. 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 Authorizing the Acquisition. of Certain Real Property for Street and Highway Purposes. (Jronri) 21.' Councilman Osborn introduced the following ordinance, aftor which it was laid over under provision. of law and the Charter: "Ordinance No. New Series An Ordinance Athoyr the Acquisition of Certain. Real Property for Street and Highway Purposes Th do Snadon.) 22. Councilman Anderson introduced the following ordinanmo after which it was laid over under provision. of law and the Charter: "Ordinance No. Yew Series An Ordinance Authorizing the Acquisition of Certain Real Property for Street and Highway Purposes." (Giro Snadoni) 23. Councilman Osborn introduced the following ordinance, after which it wa aid over under provision. of law and the Charter: "Ordinance Ye. New Series An Ordinance Amending Section 2-521 of Article 2, Chapter 5, Title IT, of the Alameda Municipal Code, Relating to Reese". UTE]: THE D BUST 241( The matter was presented at this time concerning the request of is Nellie Fellingsworth for the reclassification of her property situated on. the northwest corner of Parr. Street and Lincoln Avenue. In connection. with this request, ne City Planning Board had recommended to the Council, some tire ago, that the proposed rezoning be denied. Following the introduction of this natter, Councilman Osborn moved the petition. for rezoning be denied. Councilman Jones raised the question of granting Miss Hollingsworth a Use Permit as more or less agreed upon- Councilman Osborn_ explained. that his motion. had nothing to do with the granting or withholding of a Use Permit, but that be was simply moving that the petitiron for rezoning be denied. Thereupon, Councilman Jones seconded . the motion- The following vote was recorded. Ayes: Councilmen Jones, Osborn. and. President Branscheld, (3). Noes: Councilmen Anderson and Sweeney, (2). Absent: Nene. Councilman jones stated it had been the feeling of the Council net Miss Hellin6 worth, be given a Use Permit as discussed at the previous meeting, which permit would state the policy of the Council in going beyond the strict interpretation . of the ordinance and allow Miss Hollingsworth to operate a grocery at that loca- tion provided the property should burn down. Councilman Sweeney questioned the advisability of such action, stating that he felt It would establish a bad precedent and that many others holding non-conform- -11-1.,7 uses wo1310 annlT to tinr, Cnni-lell for slmier -hermts Councilman Jones stated that it was his understanding that Miss Hollingsworth was led to believe that no action upon her petition would be taken in. her absence. President Branscheid stated he felt the Council should be very careful In discues- ing matters of this ort so that it would place itself under no obligation . to do any. specific thing and he stated that while the matter had been very thoroughly discuesed, the Council had made no commItment whatsoever. CouncIlmar Osborn stated that in making his motion, he had net taken into considera- tion any commitment which. might have been made in netifying Miss Hollingsworth. be- for denying her petition, pointing out that the Council does not believe in spot zoning and that many petitions of a si mil ar nature had been. denied. He further . pointed out that Miss HollingsworthTs petition, with, reference to the:use of her property, has not boon jeopardized at all, but that since the discussion of this matter at the Iast meeting certain things have occurred in the City which.. have completely cbanged his mind in. regard to non-conforming uses. He also expressed the belief that the Counc il... should not cervjt itself to any individual with refer- ence to use of his property where it does not conform. to the ordinance as established Councilman Jones pointed out that the City Attorney' had stated that he doubted if the ordinance could. be enforced . and such being the case, he was unable to under- stand why the Council could not s.:ive Miss Hollingsworth the assurance she wants. He stated he had promised Miss Hollingsworth that he would propose the motion to give her the use "Permit Tnereunon Councilman Jones moved YlPq Nellingsworl-h be given. a Use Permit which woul d. express the policy of the Council that, in the event a fire should take place, the Council would, notwithstanding a Toss of mere than 50X, permit Miss Hollingsworth to rebuild. the grocery on that property, with the understanding that the use of the property would be restricted to uee as a grocery store. Councilman Anderson seconded the metion with tbe remark that such. a Use • Pesprmit would give Miss Hollingsworth some of the rights to which she Is entitled an(1 that while she cannot rot all of then-, he was desiroue that she get what she could. President Branecheid reviewed. the history of zoo' g in. the City of Alameda, point- ing out that it was done for the future welfare of the entire City and that keep- ing non-conforming uses alive in this manner would defeat the very purpose of the Zoning Ordinance. Councilman Osborn asked whether or not, In granting the IfSe Permit the Council would be giving Miss Hollingsworth any relief as to the financial value of her property If the Use Permit were restricted to Miss Hollingsworth and would net Pass on to any successive owner of the property, and asked. Mr. Whitney to give hie oninion on these questons. City Attorney Whitney stated that, as to a Use Permit, the Council could attach any condition it saw• fit, pointing out that if this Use Permit were granted to Miss Hollingsworth, he could. net see how the Council could. consistently donsr any other application. which might come up. The question. being calle11 . for, the following vote was recorded: Ayes: Councilmen Anderson and Jones, (ei. Hoes: Councilmen Osborn, Sweeney and President rf..\ Branscheid, (3). Absent: None. President Branscheid thereupon announced the motion had failed to carry. RESOLUTIONS: 25. The following resolution was introdueed by Councilumn W)orn, whe moved Its adoption.: "Resolution No. 5909 Rescinding Resolution No. 3005 and Authorizing the Acquisition of Certain Real Property for • 1: hi bc St p reet and znway i1111).USp0.• 1I10 motion to adept sai3 . resolution. was seconded by Councilman Sweeney and o0 . 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. 26. The following resolution was introduced. by Councilmmn Sweeney, who moved Its adoption: or No. 3910 Rescinding Resolution o 3908 and Auto1 . hizing the Acquisition of Certain Real Property for Public Street and Highway Purposes." The met ion to adopt said. resolutioo . was seconded bit Councilman Osborn and on. roll. call carried b1 the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and. President Rranscheid, (5). Noes, None. Absent: None. wfuereupon the President declared said resolution duly adopted and passed, 1 274 The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3911 Accepting Conveyance from F. B. 7TcAtee and Ruth McAtee, His Wife, of Certain Real Property and Consenting to the Recordation Thereof." The motion to adont said resolution. was seconded by Councilman aueeney and or roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Dranscheld, (5). Noes None. Absent:- None. Thereupon the President declared said resolution. duly adopted and rassed. 23. The followim7 resolution was introduced by Councilman Anderson, who moved adoption: "Resolution. No. 3912 Accepting Option of Purchase of Certain Real Property from. Domenico Marchetti, Raynond A, Antonali and Dorothy Marie Antonali His Wife and Consenting te the Recordation be 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 Branscheld, (5). Nees: Nene. Absent:- None. Thereunon the President declared said resolution duTy adopted and passed. 29. The following resolution. was introdueed by Councilman. Osborn, who moved its adoption: "beso1ittor Th, 3913 Accepting Conveyance from Alaska Packers Association and Alameda. Belt iiine of EaseMents in Certain Real Property and Consenting to the Recordation Thereof." The motion to adont said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branschold, (3). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 30. The following resolution was intreduced by Councilman Jones, wbo moved Its adoption: "Resolution No. 3914 Accenting, ,ionveyance from Alaska Packers Association, a Corporation, of Easements in Certain. Real Property and Consenting to the Recordation. Thoreof." The notion 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 Branschold, (5). Noes: Hone. Absent: ;None. Tbereuron the President declared said resolution. duly adopted ard. passed, FILING: Auditor's Balance Sheet - Month of December, 1218, Financial Statement - Goodell, Byers ,Fe Co. - Dureau of Electricity, as of Movenber 30, 1948. Option. of •Purchase - From. Marchetti, R. A. and Dorotbv M, AntonaTi. Grant of Easement - Fram Alaska Packers Aesociation, dated. November 19, 1947, Grant of Easement - From Alaska Packers Association. and. Alameda Felt Line, dated December 0, 1948, 35. An itemized fist of Clains ag,ainst the Gity of Alaneda and several of the departments thereof, in. the total amounts asfollows, was presente5 to the Coun- cil at this meeting:: General Denartnents„ '1,450.91; Krusl 'Park Storm. Sewer Fund, '6,712.33: Storm Water Line u np, ,3 ,825.26. Gas Tx No . 2 ud , ..,71_ 5 . Councilman Jones moved the bills as Itemized ir tbe Tist of Clatos filed with. tbe City Clerk on January 4, 1949, and submitted to the Cornell at this time, be allowed and raid. The motion was seconded bv Councilman Anderson and on. roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and. President Branscbeid, (5). Noes:: None. Absent: None. 37. • At this time, President Brarscheld stated he wouJ.d like to call attention of the Council to the holiday season's decorations an Park and Webster Strests - stating that he thought they were outstanding and. that the Alanc.da (Thamber of Commerce and the merchants responsible for the decorations were to be congratu lated. for their cooperation in bringing about such. a fine disnlay of seasena-i spirit. Councilman OSMOYT stated he had heard many comments or. the decorations from many sources and all had beer. nest lauatory. „A DJOISMTET7 38. There beirg nn furtber business to come before the meeting, the Council ad- journed to assemble in regujar session on Tuesday evening, Januar7 19, 19491 at 8:00 ocleck. -