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1968-12-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING DECEMBER 17, 1968 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Alle- giance was led by Councilman Isaacs and was followed by an inspiring Invocation delivered by The Reverend Rabbi Gunther Gates of Temple Israel. ROLL CALL: The roll was called and Councilmen Fore, Isaacs, La Croix, Jr., Levy and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held December 3, 1968, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mr. August Casqueiro, requesting a Revocable Permit to encroach four inches into the side- walk area of Benton Street for a brick facia four feet in height. This would border the property at the northwest corner of Santa Clara Avenue and Benton Street - known as 1423 Santa Clara Avenue, which Mr. Casqueiro planned to improve. Councilman La Croix moved the Revocable Permit for this purpose be tions to be established by the City Manager and the City Engineer. cilman Isaacs and carried on the following roll call vote. Ayes: None. 3. From Bay Area Rapid Transit District, signed by Mr. Richard J a certified copy of its Resolution No. 1234A, urging adoption of a tax urgency measure to finance completion of the BART system. granted, subject to certain condi- The motion was seconded by Coun- Five. Noes: None. Absent: • Shephard, Secretary, transmitting one-half cent, three-county sales This information was noted and the document ordered filed. 41 From State of California, Department of Public Health, signed by Louis F. Saylor, M.D., Director, redeclaring Alameda County a rabies area and requesting completion of the "Statement of Enforcement", to be sent to the County Health Officer. The City Clerk was instructed to complete the questionnaire involved and return it to the designated officer. 5.4' From Mr. Leonard Lane, 1425 Union Street, Vice President of Concerned Citizens for Youth, request- ing the opportunity to address the City Council on the subject of the proposed Youth Center and Coffee House. The President stated the spokesman for Mr. Lane would be called upon under "Oral Communications". 6/ From Mr. Jack L. Cummings, Golf Professional, expressing his thanks for the opportunity to have served the City as its Golf Professional. He also called attention to the approaching expiration date of his contract with the City as the Concessionaire of the Golf Professional's Shop and Driving Range at the Alameda Municipal Golf Course., Mr. Cummings indicated his desire to continue in this capacity for the ensuing term of five years, beginning January 1, 1969. The matter was referred to "]Resolutions". 7/ From Alameda Chamber of Commerce, signed by Mr. Ian Weber, President, submitting a suggested ordi- nance covering the regulation of houseboats on waters surrounding the City of Alameda. The President expressed appreciation to Mr. William Gorman, Chairman of the Aqua-Business Committee of the "Chamber", for the study given this subject. He stated the City Engineer and the City Attorney had also given this matter great consideration and they were asked to consiflt with the Chamber Commit- tee and be prepared to submit an adequate ordinance for the Council's deliberation. ORAL COMMUNICATIONS, AGENDA: 8. Mr. Stephen Gingras, 2437 Otis Drive, spoke on behalf of the Concerned Citizens for Youth, and pointed up their belief that there was need for a place in Alameda for teenagers to go. He said they felt the Youth Center and Coffee House would provide the answer to such need. Miss Irene Bennett, 1220 Park Avenue, read a prepared statement setting forth the reasons why said Youth Center and Coffee House was considered so necessary. Mr. A. T. Wiemken, Chairman of the Mayor's Committee which was studying the feasibility of allowing the recently vacated Webb Avenue Fire Station to be used for such purpose, announced that the date of January 14, 1969, had been set for the Committee to finalize its study and submit its recommendations to the City Council. He emphasized that all interested parties were invited to attend this meeting and everyone would be given an opportunity to express himself. President McCall asked that Mr. Lane be notified of this date since his correspondence had been with this gentleman. 9. Mr. William Gorman, 3309 Fernside Boulevard, conveyed his thanks to the City Council for its acceptance of the proposed ordinance with regard to houseboats which had been submitted by his Commit- tee of the Chamber. He offered the cooperation of the Committee in working out any problems in order that said ordinance might furnish some guidelines in this respect. HEARINGS: 10. The matter was called up concerning the Appeal from the decision of the Planning Board to deny a variance to allow a trailer rental operation to be conducted on the premises of a non-conforming gasoline service station at 1701 Buena Vista Avenue. The Appeal was filed by Mr. Louis A. Whitmore. The Clerk stated all interested persons had been notified the Hearing on this matter would be held at this time and place. Upon request, Planning Director Johnson reviewed the history of this case as set forth in his memoran- dum dated December 11, 1968. He explained that "the motion to deny the variance carried only three Ayes, with two Nayes and two Absences - and under Board rules, a four-vote majority was necessary for a decision - therefore, the matter was ordered dropped and automatically denied." In the absence of the City Attorney, President McCall stated the issue before the Council was whether or not the action of the Planning Board, under Section 11-161 (b) and (c) of the Alameda Municipal Code should be affirmed, modified or reversed. The President then called for proponents of the matter and Mr. Whitmore, 2257 San Antonio Avenue, addressed the Council in a lengthy and detailed discourse of his business life in the community - originating with his father. He emphasized that he had a large family to support and the operation of a gasoline service station alone did not provide an adequate income. He stated he needed the supple- mental revenue of the "U-Haul Trailer Rentals" which he had conducted for many years when he operated the service station at the southwest corner of Park Street and Lincoln Avenue. A letter had been received from Mr. A. B. Jordon, in support of Mr. Whitmore's Appeal - copies of which had been sent to the Councilmen for their information. Further, Mr. Whitmore submitted a peti- tion signed by twenty-eight residents in the vicinity of his service station at the new location, indicating these people had no objections to the operation of a U-Haiil Trailer Rental business on said premises. Upon inquiry for opponents to the question, Mr. Orval E. Luckey, 1715 Grand Street, stated all of the property owners in this area took pride in maintaining their properties and resented the debris which had accumulated on the service station premises recently. They objected to the detraction from the appearance of their neighborhood. He distributed several snapshots showing the rubbish and other debris piled on the lot. Mrs. Luckey also added her objection to the unsightly condition presently prevailing, as did Mrs. Mary E. Taylor, 1721 Grand Street. Mr. Luckey presented a petition signed by thirteen property owners within this block who requested denial of the variance for any commercial operation at this station other than that of the existing service station facility. Considerable discussion ensued among the Councilmen and the parties involved in an attempt to find some mutually satisfactory solution to the needs and desires of all concerned. It was developed that the property along the west side of Grand Street was in the "C-M" District and would automatically allow the storage and display of such trailers and trucks as Mr. Whitmore needed in this phase of his business. Mr. Whitmore pointed out he had a verbal agreement already with the owner of a lot across the street that he could store some of his trailers thereon. The President then declared the Hearing closed. He suggested that possibly the variance could be granted for a period of one year and, if satisfactorily operated, cotild then be renewed. The protestants agreed they did not wish to deny a man his right to a livelihood - but they did not like the present unkempt appearance of the service station property. Councilman La Croix then moved the position of the Planning Board be reversed. The motion was seconded by Councilman Isaacs and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Councilman La Croix further moved the variance be granted for a period of one year subject to the con- dition there would be no more than two trailers parked on the service station premises at one time for display purposes only - and the other trailers and trucks would be stored on the property across the street which was in the "C-M" District. The motion was seconded by Councilman Isaacs and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 11. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7416 Authorizing Execution of Agreement Between City and Jack Cummings for Performance of Services of Golf Professional at Alameda Municipal Golf Courses." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 12. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7417 Approving and Authorizing Execution of Agreement for Emergency Ambulance Services." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President then declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 13`` Councilman La Croix moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter. The motion to introduce said ordinance was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Sections 2 -532, 2 -533, 2 -535 and 2 -537 Thereof, Relating to Employees' Sick Leave Benefits." President McCall pointed up the fact that this ordinance was being introduced at the Council meeting this evening in order that all of the City Employees might have the opportunity during the next three weeks to peruse the proposed regulations and submit any questions they might have for clarifi- cation prior to the Council's passage of said ordinance. Mr. M. A. Walters, Assistant Business Manager of Local Union No. 1245 of International Brotherhood of Electrical Workers, stated he represented the employees of the Bureau of Electricity. Mr. Walters mentioned there were nine or ten of these employees at this meeting. He stated they were not present to oppose the introduction of said ordinance but were concerned because they had not yet had an oppor- tunity to learn just what was set forth. Mr. Walters asked that before any further action was taken by the City Council, representatives of the City meet with them to discuss in depth certain results of the proposed amendments. He was assured several meetings were to be held. Messrs. Robert Carlson, 130 Dahlia Drive, President of the Alameda Police Association, and Roy Edwards, 1040 Auburn Drive, of the Alameda Municipal Civil Service Employees Association, inquired when copies of the proposed ordinance would be available for the information of any interested in studying details thereof. Arrangements were made to have copies run off the next morning which could then be procured from the City Attorney's office. ORDINANCES FOR PASSAGE: 14. "Ordinance No. 1581, New Series An Ordinance Amending the Alameda Municipal Code by Amending Sections 17 -551, 17 -552 and 17 -553 Thereof, Prohibiting Use of Certain Streets by Any Vehicle Exceeding a Maximum Gross Weight of Three Tons, with Exceptions." Councilman La Croix moved this ordinance be passed as submitted. The motion was seconded by Council- man Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 15. "Ordinance No. 1582, New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." Councilman Isaacs moved said ordinance be passed as submitted. The motion was seconded by Council- man Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. BILLS: 16. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 833,815.79, was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Levy moved the bills as itemized in the List of Claims filed with the City Clerk on Decem- ber 17, 1968, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 17. Agreement Between City of Alameda and Jack Cummings, for Golf Professional Services. 18. Financial and Operating Report - Bureau of Electricity, as of October 31, 1968 - Verified by Hackleman, Larzelere, McKenna & von Kaschnitz. 19. Agreement Between City of Alameda and Allied Ambulance, Inc. (Bay Cities Ambulance Company) - 20. At this point, President McCall extended Holiday Greetings to all. He also spoke of a luncheon he had attended this date, which annual event had been inaugurated by Mr. Chester Bartalini several years ago. Mr. Bartalini had been a leader in organized labor and had also taken an active part in community affairs - having been a member of the City Recreation and Parks Commission. There were many Union Representatives, Sportsmen and Businessmen in attendance who were paying their respects to Mr. Bartalini by indicating their desire to continue this annual affair. President McCall stated Mr. Richard Bartalini had done an excellent job as Master of Ceremonies and he was carrying on in the tradition of his father by participating in many civic affairs - presently serving on the Board of Education. ADJOURNMENT: Covering Emergency Ambulance Services. 21. There being no further business to come before the meeting, the Council adjourned - to assemble in adjourned regular meeting to be held Tuesday afternoon, January 7, 1969, at 2:00 o'clock, in the Council Chamber. Respectfully submitted,