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1963-03-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY 8V2BING, MARCH 5, 1963 The meeting convened at 7:30 o'clock p.m. with President Collischonn presiding. The Pledge of Allegiance was led by Councilman Rose. ROLL CALL: The roll was called and Councilmen Godfrey, McCall, Rose, Schacht and President Collischonn, (5), were noted present. Absent: None. 1. The minutes of the regular meeting held February 19, 1963, were approved as transcribed. 51R TTEN COMMUNICATIONS: 2. From Mrs. Johanna K. Minton, 820 Grand Street, concerning traffic hazards on Grand Street and urging immediate action to effect the installation of four-way stop signs at the intersections of Grand Street with Dayton, Clinton, San Jose and San Antonio Avenues. Upon inquiry, City Engineer Mark Hanna replied that the next meeting of the Traffic Advisory Com- mittee would be „held Thursday morning, March 7, at 9:30 o'clock in the Police Chief's Office. The Committee was comprised of the Police Chief, Police Captain, Planning Director, Manager of the Chamber of Commerce, City Engineer and the Assistant City Engineer. It was developed that there had been several accidents in this area recently and steps,shbuld.prob- ably be taken to slow down the traffic by installing more stop signs. It Was suggested this problem be given serious consideration by the Traffic Advisory Committee. The communication was referred to said Committee. Inquiry was also made about the status of the study of the traffic report by Wilbur Smith & Asso- ciates, and when some suggestions or recommendations from the City Engineer might be forthcoming. Mr. Henna answered that the first draft had been finished just today and he expected to have the complete report ready within the next several days. v/ 3. From Alameda-Contra Costa Transit District, signed by Mr. Robert M. Copeland, President, Board of Directors, urging the Council's support toward the defeat of Assembly Bill 889 which would prohibit the District from engaging in "charter" business. The President strongly urged that the Council take a stand agatnoc.thia Bill and oppose it for the reason that if the Transit District were deprived of earning an income through its charter service it would be obliged to either increase its fares or the tax rate, which would not be good for the taxpayera,of the City of Alameda. Councilman Schacht concurred and moved that a resolution be prepared for adoption at this meeting, urging the legislators of the State, and of this area particularly, to oppose the BiIl. The motion was seconded by Councilman McCall. Speaking on the question, some discussion was had on the procedure to pursue in submitting this expression of opposition. It was suggested that a motion merely directing that a letter be sent to the City's representative in Sacramento, indicating the City's position and its reasons therefor, would be equally effective. After further discussion, it was agreed that both means would be employed. Therefore, the matter was referred to "Resolutions" and, also, the City Manager was instructed to write to Assemblyman Crown expressing the City's opposition to AB 889, 4.' From forty-four residents on Ninth Street and San Antonio Avenue, in the form of a petition» requesting the following: (l) the repeal of Ordinance No. 1419, New Series (to remove the existing stop signs and replace them with "yield" signs); (2) the installation of stop signs at Ninth Street and San Antonio Avenue to make said intersection a four-way stop and (3) the installation of stop signs at two additional intersections on San Antonio Avenue between Grand .Street and Ninth Street. The President recommended this matter also be referred to the Traffic Advisory Committee for its investigation and report. Query was made of the City Engineer if this area was included in his traffic report already men- tioned. He referred to the Wilbur Smith Report and stated its basic premise was to make certain lanes for traffic more inviting in order to get it out of town on a limited number of through routes, thereby making these routes available to through traffic which would not then tend to go through residential areas. He felt the consultants did not go into the subject of stop signs and he knew that they would not recommend four-way stop signs at the locations specified in the petition due to the standards used for the installation of such signs. Several other phases of traffic patterns and control were discussed. It was felt many of the traffic control devices were justified and that as soon as the City Engineer's report was received the Coun- cil should take prompt action in this matter. 5. The President referred to a sixteen-page letter, dated Murch 1, 1963, from Utah Construction & Mining Co., signed by Mr. Charles I. Travers, Manager of South Shore Land Office, concerning the history of its development of the South Shore area, leading up to its request for changes in the plans for the development of Unit II (west of Grand Street). The communication had been received by the City Clerk just this date and was not, therefore, placed on the agenda for official consideration at this meeting. Copies of said letter had been mailed directly to each Councilman by "Utah". The President stated that in view of the fact that the CbunciI had not had opportunity to even read certain corrected pages of this letter which had been delivered to the members just this evening, he would lay the communication over to the next meeting of the Council. There were some expressions of opinion on the subject in general and the President reiterated that the letter would be on the agenda for the Council meeting of March 19. | � 6. Councilman Schacht referred also to a letter from the Alameda Seventh-Day Adventist Church, Religious Liberty Department, signed by Mr. James E. Shelhamer, Secretary, offering to show a film on "Sunday Closing Laws" and inquiring if a date could be arranged for said ahoning. It was agreed that the film would be shown in the Council Chamber at 7;00 o'clock on Tuesday even- ing, March 19, 1963, before the next regular meeting. The Clerk was instructed to so inform Mr. Shelhamer. ORAL COMMUNICATIONS: 7: Mr. Edward George, 915 San Antonio Avenue, spoke at length in support of the petition from the residents in the vicinity of Ninth Street and San Antonio Avenue. He questioned whether or not traffic surveys take into consideration only the actual flow of traffic or also the safety factors involved in areas where there are many children and older people living. He felt Ordi- nance No. 1419, New Series, would remove all vestiges of traffic control and he urged the Council to repeal this ordinance, au-well as to establish additional stop signs along San Antonio Avenue, O. Mrs. James Wiley, 1232 St. Charles Street, addressed the Council concerning the traffic hazards also on Grand Street at Dayton Avenue. Mrs. Wiley stated the through traffic uses the route along Dayton Avenue because it does not have to stop at Grand Street and this should not be as it is in a strictly residential section of the City. She requested the Council to give serious consideration to the problem at this intersection. ' 9. Mrs, Inez Kupellua, 1610 Encinal Avenue, referred to the South Shore situation and questioned if the steps now proposed by "Utah" were merely threats to gain its ends. She felt the City'atill had trol of what would be built on this land. 10. Mr. Ray Dinwiddie, 909 San Antonio Avenue, presented several arguments in support of the' petition submitted earlier in the meeting with regard to traffic in the vicinity of Ninth Street and San Antonio Avenue, particularly the need for not only the existing stop signs but also addi- tional signs at this intersection and also along San Antonio Avenue. He asked that the removal of the present stop signs, as provided in Ordinance No. 1419, New Series, be deferred until such ' time as a more thorough deliberation of this matter could be made. Considerable discussion ensued on what action the Council could take at this point to.accomplioh said deferral. Upon request, Mr. Way explained the procedure available to the Council to achieve the suspension of the effective date of the ordinance in question. After some further comments, Councilman Godfrey stated he would introduce an ordinance at this meeting, to suspend the effective date of Ordinance No. 1419, New Series, for ninety days. Following further clarification by the City Manager, Mr. Way pointed out that Ordinance No. 1419, New Series, would not become effective until March 21. The next regular meeting of the Council would be March 19, which would allow time for an emergency ordinance to be introduced, passed and to become effective immediately at that time. This could amend Ordinance No. 1419, New Series, in any way the Council deemed necessary. It was determined that such course of action would be followed and the City Attorney was instructed " to prepare said emergency ordinance for the agenda of the next regular meeting of the Council-on March 19. / 1 1 . At this point, the President recognized and welcomed a number of Boy Scouts of Troop No. 1015 who were in attendance at the meeting. Mr. George Cole, one of the fathers accompanying the Troop, stated the boys were present as part of their program for earning Citizenship Merit Badges. 12. Mr. Duncan Campbell, Utah Construction & Mining Co., offered to send Mrs. Kapellas a copy of the letter from his Company which had been referred to earlier in the meeting. Upon suggestion of the President, Mr. Campbell agreed to furnish the Clerk with a dozen copies for distribution to interested parties. 13/ l2� Mr. Lewis Groper, businessman on Webster Street, spoke at great length on behalf of the West Alameda Business Association and a number of the property owners in the Webster Street business district. He expressed their great concern about the proposed establishment of a gasoline service station on the northwest corner of Lincoln Avenue and Webster Street. The City Manager fully explained the circumstances involved in this case and the Acting City Attorney supplemented the clarification by relating the history of the ordinances affecting service stations in certain zones. It was pnintedlnut that the building permit recently issued for the construction of a service station at the site referred to was applied for and granted in a perfectly legal manner, under provision of existing zoning and fire zone ordinances. Mr. Groper requested that further examination be made of the ordinances in question to assure that they were enacted in legal form and manner. Be also asked what possibility there might be of the 61 Council taking some action on an emergency basis which would prohibit any more service stations from being constructed in the Webster Street business district. Mr. Way explained what would have to be done and stated this action would merely be a uubcerfu8e which would, almost without doubt, be held to be unconstitutional, to be an abuse of the police power and, possibly, render the City liable for taking of property - if that were the end result. Br. Groper urged the Council to consider the matter and expedite its solution by referring it to the Planning Board as quickly as possible for its prompt review and recommendation. It was pointed out that the mutter had already been referred to the Planning Board with the direction that it was the belief of the Council that there might be certain uses now permitted in "C-2" Central Business District which should not be so permitted. The Board was asked co study this particular question with a view toward the possible modification of the Zoning Ordinance in this The City Manager was instructed to ask the Planning Board to act as soon as possible in this matter. Mr. William Stier, 1623 Moreland Drive, felt the erection of this service station at Lincoln Avenue and Webster Street would be catastrophic for the business interests of Webster Street. He expressed his belief that it was the Council's duty to extend itself and.take whatever ,action necessary so the service station could not be built. Mr. Frank Gottstein, 731 Haight Avenue, spoke on the subject from the aspect of this northwest cor- ner being an important bus stop point, on both Lincoln Avenue and Webster Street. He felt the service station should not interfere with the Transit District's bus stops. v/ 14. Mr. Gottstein referred also to the terrible traffic pattern in the use of the new Posey Tube from the Oakland side. He felt a letter should be sent from this Council to the Oakland Council to rectify this bad condition by better traffic control by more police direction. 15. Mr. G. N. Pope, 1820 Bay Street, again voiced his objection to the Council holding meetings in any place other than the Council Chamber. He also commented on several matters in general. REPORTS OF OFFICERS, BOARDS, ETCETERA: V 16. From the City Manager, recommending contract be awarded to Gallagher & Burk, Inc., lowest valid bidder, for the project of Reconstructing and Widening Sherman Street from Buena Vista Avenue to the Segregation Line, at the total cost of $21,580. Councilman Godfrey moved the recommendation be adopted and said contract be awarded to the desig- nated bidder for the specified project at the total cost quoted. The motion was seconded by Coun- cilman Schacht and on roll call carried by the following vote.` Ayes: Five. Noes: None. Absent: None. v 17. From the City Manager, reporting all work satisfactorily completed on the project of Installing Culverts at Buena Vista Avenue and Pearl Street and at Versailles and Yosemite Avenues - recommend- ing it be accepted and the Notice of Completion be ordered filed. Councilman Schacht moved the recommendation be approved; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. NEW BUSINESS: lQ. The President stated he would like to have the Council discuss the City's position with regard to Senate Bill 344, relating to the State Gasoline Tax program. He referred to the City Manager's report on the subject, dated February 27, 1963' which had been sent to the Councilmen for their information. Upon request, Mr. Weller reviewed in detail said ,program since its inception ,and also the provisions of the Dill now under consideration, setting forth the finances involved and the increased returns to the City for its construction and maintenance of the City's major streets under certain conditions. A question and answer peribd was had with the City Manager and the City Engineer in clarification of several points. The legislative procedure of this particular Bill was also explained. Councilman Schacht then moved that the City support to its utmost the passage of Senate Bill 344 and that the City Attorney prepare a resolution for adoption at this meeting in accordance with the thinking of the Council on this matter. The motion was aeconded by Councilman McCall and unanimously carried. The matter was then referred to "Resolutions". '// lV. The President then asked for a discussion of the Council policy on communications to the State Legislature and to the League of California Cities when an expression from the City is required on any particular Dill coming up for action. It was recalled that the City Manager has certain authority to proceed on behalf of the Council to oppose or support any measure by telephone call, telegram or letter to the proper person in those instances where prompt indication of the City's position is necessary due to the time element. In all cases where there might be some question due to a controversial issue, the City Manager would poll the Cnuocil. F4rchez, in all matters of importance, even though there may be no question, Mr. Weller would furnish the Councilmen with copies of any correspondence or telegrams which were sent to Sacramento, with the understanding that if there were any objection on the part of" any Councilman after receiving said copies, the City Manager could, by a telephone call, correct the position of the City as indicated. Mr. Weller felt this was about the only practicable procedure to follow because there simply was not time to watch the legislative process of all the Bills - and to make the City's position effective, it would have to be made known at the time the Bill came up for Hearing or when it would be on the floor. Mr. Weller was given assurance that this was still the Council policy in this respect. RESOLUTIONS: 20. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6445 Resolution of Intention to Order the Vacation of the South End of Hawthorne Street, in the City of Alameda." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 21. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6446 Adopting Specifications, Special Provisions and Plans for Installation of Storm Water Culverts and Curb Realignment at Otis Drive and Park Avenue, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ^ 22. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6447 Adopting Specifications, Special Provisions and Plans for Furnishing and Installing an Irrigation System in Lum Park, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five._ Noes: None. Absent: None. 23. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6448 Expressing Opposition to Assembly Bill 889^" The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 24. The following resolution was introduced by Councilman Schacht, who moved its adoption: Resolution No. 6449 Supporting and Urging the Adoption of Senate Bill 344." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President declared all of the foregoing resolutions adopted. FILING: 25. Financial Statement - Bureau of Electricity, as of January 31^ 1963 - Verified by 8mcklemeu & Larzelere. 26. Specifications, Special Provisions and Plans No, PW 3-63-2 - Installation of Storm Water Culverts and Curb Realignment at Otis Drive and Park Avenue. 27. Specifications, Special Provisions and Plans No. PW 3-63-4 - Furnishing and Installing Irrigation System in Lum Park, BILLS: 28. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $40,118.03, 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 Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on March 5, 1963, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 29. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, March 19, 1963' at 7;30 o'clock. Respectfully submitted,