1948-12-21 Regular CC Minutes• RECNUT...AR MEETING' 07 THE COUNCIL 07.-THE CITY 07 AI=DA
HELD TUESDAY EVENING' DECEMBER 91 1948
The meeting convened at 8:00 F. Y. with President Branscheld presiding.
ROLL CALI:
2o r 11 caIl e2 aud Gorrcu'imer Tnnn° r, Joory and
President Branscheid vier- noted present Absent: Dpne.
KrTES:
1. The minut .,-, of the regular meeting held GPcenber 1942, were approved as
transcribed.
WIRPINTMIN COMMUNICATTONS:
2,!' From Kauffman_ Realty Company, concerning the changing of the name of the sub-
division now known as "Pearl Court," to eliminate the possibility of confusion due
to there being a "'Pearl Street" in the City. A letter was enclosed . from the Post-
master, also recommending that...this situation be rectified. The name "Janis Way"
or "Janis Place" was suggested.
Councilman Jones suggested that it mi be well to refer this matter to the City
Attorney for the preparation of the necessary ordinance to effect the change of
name, immediately following completion of the work remaining to be on in. connec-
tion with this subdivision.
As to the name to be used - whether "Court", "Wav" or Place" Councilman. Jones
said he felt that perhaps tbis matter sbouEA be determined by the Engineering De-
partment in order that the street might be named in the same fashion as other ...
streets of the same type. He thereupon moved the matter be referred to the City
Attorney with. instructions to proceed. along the lines suggested. The motIonwas
seconded b Councilman Sweeney and. carried.
From. The Atchison, Topeka and Santa Fe Railway •ompany, concerning the City's
quitclaiming a sewer easement, now abandoned, which. was accepted by Resolution No.
3423, adopted in December of 1945.
?resident Rranscheld suggested the matter be referred to the City Manager for
further report. It was so odered.
OPAL CO.KKUNICATTONS:
Mr. Frank G ttsteIn addressed. the Council, comrentIng on the matter of the
name of "Lincoln Way stating that t0e7petition to have the nano of "Pearl Court"
changed had suggested_this particular case to him, 110 compared Lincoln. Avenue
and Lincoln Way with the situation which. developed ont of the similarityof the
names of Park Htreet and Par Avenue and suggested. that the name "Lincoln Way"
weuld be just as confusing as any of the other similar situations_ In the Cirty.thad
proved themselves to be.
He felt the natter of properly naning this street should be taker care of in the
initial stages of the work on the street.
Rrosident 3ranac2oI2 assured him. the Council would look into the matter very
thoroughly.
REPORTS aF COMITTEES:
5. From the Acting City Manager, recommending that a fifteen-clap extension. of tine
be granted for completion of the project of installing a storm water line on Four-
tain Street, south of Calhoun.. Street. This work Is being done by McGuire and Hester
under contract in connection with Specifications No,
Councilman Sweeney moved thc . recommendation be followed and the specified extension
of time be allowed. The motion was seconded Councilman Osborn and carried.
From. the Acting City Manager, pcommending that a fourteen-day extension. of
time be granted for completion of the project of making alterations to the City
Hall. This work is being done by William. McIntosh. and Son undPr contract in con-
nection with 1000021 0011019 No, 7I 9-43-12.
Councilman. Anderson moved the recommendation . be accepted and the designated exten-
sion. of time be granted. The motion. 7059000020d by Councilman Osborn and carried.
r-,
(0 yrom R, F. Lovejoy, Chief Designing 'tn.oer, stating that payments for the
Bay 70011 island Sewer Assessment District are still coming in and it is deemed ad-
visable to extend the time for payment of the assessments from December 10, 1942,
to January 4, 1049 .
Councilman Osborn moved • that the time Lit • for these payments be extended to
,anuary 4, 1.949. The motion was seconded. by Councilman. Sweeney and on roll call
carried by the follOwinF.,7 vote. Ayes Councilmen Anderson, Jones, Osborn, Sweeney
and President Branscheid (5). Noes: - None. Absent:: None.,
8. President Branscheid reported on his recent trip to Washington, stating that
the American Municipal Association had had a very successful three-day conference
and that other matters had been taken up with. the proper authorities in Washington,
to make tho trip a very worthwhile one.
He described the meetings of several panels of the American Municipal Association
and stated that a full report on all papers submitted would be available as soon
as they could be gotten out in Washington. He stated that following the adjourn-
ment of the conference, he and Mr. Froerer had had a meeting with Congressman
Miller who arranged for them a meeting with Under-Secretary of the :Navy Kenney;
Mr. Olindorf, Assistant Housing Administrator, and Captain Jelly of the Navy, for
the purpose of discussing the subject of In Lieu taxes, so far as the Naval Hous-
ing units and Makassar Straits Village are concerned.
Fe stated this 7roup promised to make a survey of the situation out here, with a
view to determininr; the proper amount of Tr Lieu taxes to which the City of Ala-
meda is rightfully entitled.
He stated he also saw Senator Downey, who said that he had written to Yr. Foley
who is in charge of Federal Housing, to incorporate a special survey of the City
of Alameda. President Branschet d. stated they had later seen. Mr. Foley, who was
a very receptive and understanding person. They had discussed with him the matter
of the disposal of the existing Federal Reusing in Alameda, as well as additional
housing of other types. He stated the City has a very close working agreement in
that department.
President Branscheid stated that through Mr. Miller, a meeting was arranged with
General Wheeler and his Assistant with whom was discussed. the matter of the Fruit-
vale Avenue Bridge and harbors for light draft vessels. General. Wheeler advised
the Alameda representatives that the matter of yacht harbors would be taken up in.
committee in 'fashington in February.
City Manager Froerer suppiomented President Branscheid's report by stating there
was discussed with Captain Jolly the matter of McKinley Park and that Captain
Jelly had stated they will make an earnest attempt to renegotiate the lease on
this park. with a view to returning it to the City of Alameda.
Councilman Jones, speaking for the Council, stated they were indebted to the Mayor
for a very fine report and that he and the City Manager appeared to have gone into
affairs of the City in a very forthright manner which Is very deeply appreciated
by all.
1710-1-NTSHITID BUST77SS-
v/
From the City Planning Board, recormending denial of the petition from Hiss
Sellie "ollingsworth for the reclassification of her property situated on the
northwest corner of "Lincoln Avenue and -aru Street, fror the "7," -wo-to-'our
Dwelling District, to the "D" Commercial District, for the continued operation
of a grocery.
Councilman Jones observed that this matter has been under study by the Council for
a long time and that it involves Imre than the matter of rezoning a single parcel
of property. He stated he was doubtful if kiss Hollingsworth was fully aware of
her rights and privileges concerning the property under its present status and
that he was somewhat fearful of complying with the request for the reclassirica-
tion of the proterty.
He pointed. out that the property is now operated as a grocery store and it was
quite possible that if a rezoning were made, the building could, or might be,
used for sore other undesirable purpose. He stated he would. suggest that an ar-
rangement be made with Liss Hellingsworth that if the property were burned and de-
stroyed u:o to exceeding 755 of its existing condition, it would still be possible
for her to rebuild and operate, without permission from the City, except the Build-
ing Inspector - and that if there were a total loss of the property, Miss Hollings-
worth would have the privilege of appearing before the Planning Board and Council,
stating her case and expressing her desire to restore the building and operate it
as a grocery store. He pointed out that as matters now stand, the City could not
extend the present use of the pronerty and that while it is not the desire of the
City to deprive Miss Hollingsworth of any of her rights, it does not want the
property put to a use less desirable than a grocery store. Be suggested the City
Attorney clarify anything he had failed. to cover in his resume of the situation,
Mr. Whitney stated that as the ordinance now stands, if the property is destroyed.
to a greater extent than 755, It cannot be restored. He stated, however, that it
was his belief that this part of the ordinance is net enforceable.
He pointed out that the property may continue to be used for many years and then
someone may decide he no longer wishes to operate a store there and that when this
happene, the property reverts to the zone in which. it is located as a nen-conform-
ing use He also remarked that this was the long tom purpose of the ordinance,
i.e. to get those zones which are spotted with.. non-conforming uses, back into Tine.
Councilman Jones r(' 'rd of the City Attorney whether, as consideration. for the
withdrawal of her petition, the Council might extend to her a Use Permit which
would perhaps clarify the thinking and position of the Council - giving her the
privileges which she might -ow 11'"); undPr the ordinance Pver though tlle Provisions
are otherwise - or waiving the,rights of tbe City to say that restoration. under
such circumstances could not be made.
Mr. Whitney replied there night be -made a statement of policy on the part of the
Council to the effect that if the nroperty is damaged to the extent mentioned it
could be restored..
At this point YAss Hollingsworth steppe1 . into the situation, stating that she had
no intention. of -using the property. for any other purpose than . a grocery store and
that all she was requesting of the Council was that the property be restored to the
classification it had when she rurchased it-
Councilman Jones stated that is exactly what the Counc il is trying to work out,
that Is to provide her with a guarantee that she wild)... have the privileges of main-
taining that store as a grocery as long as she might desire to do so even to the
extent of rebuilding the prorerty if It is totally destroyed.
At this point, Councilnan. ,Jores invited the other members of the Council to express
themselves in. thia matter..
President Branscheid stated there was no thought on the part of the Council of de-
priving Miss Hollingsworth. of the right to operate that store as a grocery store
but that as far as the future control of the store is concerned, that is a matter
concerning which the Council mu.st be very careful as it affects the entire City.
Councilman Jones reviewed his idea of granting a Use Permit to enable Miss Hollings
worth to reconstruct the building even ir the event of its total destruction and.
Councilman. aweeney concurred that the fair and. equitable way to handle this situa-
tion would be to issue a Use Pennmit,
Councilman Osborn remarko d. that if the Council were to rezone this proPerty to "On
Commercial District, as requested, then everybody else in the City' of Alameda with
a non-conforming use in a residential district could come before the Council and
request the same action. as Miss Hollingsworth Is requesting and the Council would
have no grounds upon which to deny their petitions. He pointed nut that this would
immediately nullify the effect of the 1940 ordinance which was passed for the bene-
fit of the entire City of Alameda. He stated that the Council does not want to
establish. any such precedent but that it is trying to protect Miss Hollingsworth
interests and the City's interests at the same time by denying. the petition. to
rezone, but giving the assurance that Miss Hollingsworth will have the right to use
the property as it Is now being used as long as she may desire to do so.
Councilman. Anderson asked if the Zoning Ordinance was adopted by vote of the people
and was told that It did not go t' an election. but was passed by the Council. He
pointed out t the City Attorney has stated that a part of this ordirance was not
enforceable and that if this was 80, he could see no reason for waiting for the
property to be destroyed before giving the owner the right to restore it in such
case. He suggested that the Ordinance deprives the owner of such property of at
least a portion of her constitutional, rights and that this creates a very serious
situation.
At this point, Councilmen Anderson and Jon' discussed the Zoning Ordinance in
general and Councilman Jones suggested that the plan he bad laid before the Council .
might solve the whele problem. CouncIlman Anderson agreed that this wculd be bet.,
tor thafl . the situation.. as it now stands.
Councilman Jones moved the reconnerdation of the City Planning Board and the recom-
mondatien. of Yr. Tilton, Planning Consultant, be followed and the petition for re-
zoning be denied, and that in place of the rezoning, a Use Permit be issued, defin-
ing the policy of the Council that should the property be destroyed by fire to a
greater extent than 755, Mss Hollingsworth. would have the right to restore it to
Its existing condition.
Th City Attorney suggested that if the Council were to amend the zoning law by
striking out that limitation of • that would take care of this case and all
other cases.
Councilman Sweeney suggeste, the matter be held . up for further study.
Councilman Jones stated that in tbe meantime, he would like to give Miss Hollings-
worth. some assurance that she woufd be amply protected - and following some further
discussion on this point, he withdrew his motion, it not having been. seconded.
The City Attorney suggested the natter go over to the next regular meeting of the
Council. Councilman. Sweeney made a motion. Incorporating this suggestion, which was
seconded by Councilman Anderson and carried.
1OY ror the City -Planning Board, recorrendi-r the denial of the petitio-1 from
(scar Sundby for the reclassification of Jiis property known as 2900 Tincolr
Avenue, from the "A" to the "A-7" Cne-'amilv Dwelling District.
Following the recomrendation of the Ilanning Board arid that of =r• T!lton, Coun-
cilman Osborn -noved t'ne Petition be denied. The motion was seconded by Councilman
Sweeney and carried.
11. 7rom the City T'lanning Board, recommending the denial of the petition from
7a-o1d A. Best, for the reclassification of certain portions of his Proposed sub-
division known as Tract ne). 824, situated south of Central 4'Lvenue in the west end
of the City - from the "A" One-T7amilv Dwelling District, to the "A-l"
ard "E" Two-to-Tour Thmily Dwelling Districts,
Councilman Osborn moved the reconrendation of the City ==lanning Board be accepted
and the petition be denied. he motion was seconded by Councilman Anderson and
carried.
NEW BUSINESS:
12. Councilman Jones brought up the matter of L'e news item appearing in the
71mes-Star, concernin,, the action of the State Park Commission on Alameda 's re-
quest for approval of its ',aster P7an on shore line development. ye stated be
knew nothing further about the matter than what appeared in the paper - to the
effect that the application was rejected because of the fact that the County of
Alameda has failed to nre,pare a vaster i'lan of the entire county, and that the
City has not received any official notification in the matter. He stated that,
in his opinion, the City :,-anager should investigate this natter thoroughly through
the County Surveyor's office to find out how plans are progressing so that vie might
be in a position to carry on with our program, suggesting that the matter be re-
ferred to the City 1-anager's office so that he will be able to carry through with
the County and other citier in the county. He stated that the City of Alameda is
sappointed in the action taken and that, If anything can be done to expedite the
adoption of the Yaster Plan by the County Board of Supervisors, ho felt sure Yr.
Bartell would cooperate further in the matter. He suggested the City L'anager
might throw some light on the subject.
Fr. Froerer stated that the Alameda section of the Faster Flan was placed before
the Park Commission on June 11, at Santa Monica by rr. T:cF.'illan and at that time
they ordered a report to be made by the State drosien Control 7,ngireer - but that
thus far, such report has not beer made. He stated the meeting was re-opened for
discussion on November 19, before the Park Commission in San 'Francisco, at which
time the Commission stated it was to meet on December 17, and that the membership
would core over to Alameda, to size up the situation as it exists, prier to the
meeting. He stated that shortly before he left for :ashin,rton, he was informed
the Commission was to meet in les Angeles.
T3eviewing the history of this particular portion of the T:aster Plan, the City •
Fanager pointed out that Tr. Bartell and the County Surveyor have been requested
to proceed with the County :aster Plan but there is apparently a lack of interest
on the part of the County and hence the City would endeavor to have its section
adopted. 'HIe stated that, to the best of his knowledge and belef, nothing has
been done by the County in the direction of the completion of the =aster 'Plan.
President -3ranscheld stated it might b well to direct the Ctty Toanagor to write
the Park Cor-lission for an explanation of the entire situation.
Councilman Anderson stated he felt that inasmuch as the City is inter tad in
these meetings of the Park Comrission, they should be attended in order that we
might have knowledge of anything which might come up.
Councilman Jones felt the entire situation should be laid before the Board of
Supervisors in order that It may be aware of the seriousness of t' e position in
which Alameda has been placed.
Yr. Froerer a7reed, stating that it is quite possible that if the County knew of
this, it might take enough interest to complete the plan.
RESOLUTIONS:
13. The following resolution was introduced by Councilman Anderson, Who moved its
adoption:
Resolution no. 3904
In Memoriam of George F. Risso.
WITH PROFOUND SORROW, the Council of the City of Alameda
records the death of one of Its loyal and most dependable em-
ployees, PrEORGE F. RISSO, who served the neople of the City. of
Alameda for more than twenty-three years as a member of the
Alameda Police Department; •
"NOW, TTTEREEORE, BE TT RESCUED, that, •in recognition
of his long and faithful service, and the untiring efforts
expended by Patrolman Risso in the notable performance of his
duties, both, in the interests of the people of the City and
of his associate officers, the Council of the City of Alameda
hereby expresses its sense of personal loss and its deep
gratitude for the rrivilege of having had an officer of such
fine caliber in the employ of the (}ity;
"BE 11 EURTHER RESOLVED, that this Resolution be spread
In full upon the minutes of is meeting, and that a copy
thereof be transmitted to the family of Patrolman sso,
that it may exten d. to its members a sincere expression of
sympathy and condolence; and
"BE
J FURTHER RSOLVED, that when this meeting of the
Council of the City of Alameda adjourns, It shall do so in
respect to the mor of GEORGE F. PTsS0."
The motion. to adopt said resolution. was seconded by Councilman Osborn and on roll
call carried by the followin7 vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adonted and passed.
l4. The following resolution. was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 3905
Arrointirg City of Alameda Representative on Board
of Trustees of tbe Alaneda County Yesquito Abatement
District."
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. oassed.
15. The following resolution was introduced by Councilman Osborn, who meved. its
adoption:
"Resolution No 5°06
.,..„ — " .
Declaring Public Trterest and Necessity Require
the Acquisition of Certain hand for Public Street
and Highway Purposes."
The motion to adopt said resolution was seconded. by Councilman Sweeney and on roll
call carried, h0 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 oassed._
16. The following resolution was Introduced by Counc ilman Osborn, whe moved its
adoption:
"Resolution No. 3907
Accepting Conveyance from Edgar A. Jones, a
Widower, of Certain. Real Property and Consent-
ing to the Recordation Thereof."
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 Branscheld, (5) . Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
17. The followi g resolution wr,s introduced by Councilman Osborn, who moved its
adoption.:
"Rosolution No. 3008
Authorizing the Acquisition of Certain Real Property
m
for Public Street and Hi5hwa-7 Pur Hudson)."
,An,„„oos— es
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,
Sroen€u and President Branscheld (5). Noes: None, Absent: None. Thereupon
the President declared said resolution. duly adorte1 . and passed.
ORDINANCES FOR IPLS-SiMI: .-
13. "Ordinance No. 947
Yew Series
An Ordinance Amending Section 2-485 of Article 3,
Chapter 4, Title TT, of the Alameda IVIunicipal Code,
Relating to Poundmaster."
Councilman Osborn .. moved the ordinance be adopted. 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). Noes: None
Absent: None.
19. "Ordinance Yo. 948,
New Series
An.. Ordinance Amending Section. 2-511 of Article I,
Chapter 5, Title II, of the Alameda Yunicipal Gode,
Relatinp. to Bonds,
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: Councilmen Anderson, Jones, 0-born, Sweeney and President Eranscheld, (5).
Noes: None, Absent: None.
BILLS:
20. An Itemized List of Claims ac,ainst tbe Cit-v- of Alameda and the several de-
partments thereof, in the total amounts as follows, was proSented to the City
Council at this meeting: General Departments, 0_0,042.30; Police Department,
20745.03;• ..Fire Department, $1,565.63; Street-Donartment, '5,427.36; Health
Department, 909.54; First Aid Department, ',....50.66; Recreation Department,
Ti435.95; Park Department,2,702„15; Golf Course Department, N,048.89;
Social Service Department, T71.36: Store Department, 509 07 ,Pound Department,
z1 Ba
n
.J. Civil Service Department 55 Tl'ast y Municipal Utility District
0A.
Fund, 2,005.83; Traffic Safety Fund 6 002 63- Ga,' 91.9*' T'jrs 1Pund
_ • v _. , ,(,,, , 0 . , ,.) .,. - .1, , ,-, . - .- ,., . ,,, ,
Gas Tax Ho, 2 Fund, j,i;9,343.71; Longfellow Park TrIlrovement Fund, 95,65;
Special. PUblic.Fealth Fund, .15; Bay Farm. Island. Sewer Fund, )63.20; Special
,
Street Lighting Fund, t,:',9,089.04.
Councilman Anderson. moved the bins as itemized in the List of Claims filed with
the City Clerk on December 21, 1940, and presented to the Council at this time
be allowed and paid. 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). Hoes: Bone. Absent: Nore.
ADJOURNMENT
21. The President extended to the employees of the City of Alameda and to all.
citizens, the heartiest of season's greetings and thereupon adjourned the meeting
in memory of George F. Risso, commenting that the City does sincerely regret the
loss of this valuable member of the Police Department.
Tho Council will assemble for its next regular session on Tuela-7 evening
January 4, 1949, at 3:00 o'clock,