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1962-05-01 Regular CC Minutes4 /� "� '�X��� REGULAR MEETING OF THE COIJNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MAY 1, 1962 The meeting convened at 7:30 o'clock p.m. with President Colliachoon presiding. The Pledge of Allegiance was led by Councilman Schacht and an inspiring Invocation was delivered by The Reverend Father Alvin Q. Wagner, Pastor, St. Joseph's Church. ROLL CALL: The roll was called and Councilman Godfrey, McCall, Rose, Schacht and President Collischonn, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held April 17, 1963, and the special meeting held April 24, 1962, were approved as transcribed. WRITTEN COMMUNICATIONS: `/" 2. From Alameda-Contra Costa Transit District, signed by Mr. William J. Bettencourt, President, 8oard^of Directors, informing the Council of its plans to inaugurate a new neighborhood motor coach line, No. 63, to serve the residents of South Shore and Bay Farm Island, commencing May 10, 1902. The Clerk was instructed to acknowledge the communication with thanks. 3Y From Mr. Charles E. Dickey, President, Alameda Mutual Homes Corporation, stating the members of Longfellow and Woodstock Parent-Teachers Associations and the "Corporation" felt some effort.should be made to improve Wu6dotock Park facilities. The.9renident_oteted this matter was currently under study by the Recreation Commission and directed the Clerk to forward a copy of the letter to this Body for its information. 4. From Northern California Marine Affairs Conference of the Marine Exchange, Inc., signed by Mr. Ben E. Nutter, Alameda County Representative, urging the Council to support the recommendations of the-Conference on navigational projects of the Army Engineers for the fiscal year 1963. Councilman Schacht moved the Acting City Attorney prepare a resolution, in line with the suggested one which accompanied the communication, for adoption at the proper time later in the meeting. The motion was seconded by Councilman Rose and unanimously cartie6" /- .5. From Mr. G. N. Pope, 1820 Bay Street, with regard to the Council sessions held just prior to the regular Council meetings, and inquiring why no agendas or minutes were provided. The Acting City Attorney was asked to reply to Mr. Pope's inquiry, informing him that minutes are required solely for the purpose of recording official actions of the City Council and no actions are taken at these aeo$iqoo. 6.' ^ From Mr. G. N. Pope, registering his opposition to the proposed increase in rates for garbage collection by Alameda City Garbage Association. This matter was to be taken up later in the meeting. 7° 1 From Mr. and Mrs. G. Fernandez, 1101 Buena Vista Avenue, suggesting the truck route be changed from Buena Vista Avenue to another street. The communication was referred to the file on the subject. ^ ` ^ ORAL COMMUNICATIONS: x:/ Mr. G. N. Pope, 1820 Bay Street, referred to the proposed rate increase for garbage collection and urged the Council to study this question very thoroughly. He felt the increase was excessive and would be an added burden to the taxpayers. HEARINGS: 9. The matter was called up concerning the proposed Closing of a Portion of Market Street, south of Fillmore Street, as set forth in Resolution ofIntention No. 6341, adopted by the City Council on April 3, 1963. The Clerk stated the resolution had been published and notices had been posted as required and the pertinent Affidavits were on file. Also, there had been no objections filed against the closing of said portion of this street. Mr. Way, Acting City Attorney, stated the only legal issue was for the Council to determine whether or not the City would require this portion of Market Street now or in the future for public street purposes. Upon inquiry, there were neither proponents nor opponents who desired to speak on the question. The President then declared the Hearing closed and the matter was referred to "Resolutions". V 10. The matter was submitted with regard to the petition filed by South Shore Land Co. and John- Anthony requesting the reclassification of certain real property to either A-9, Administrative- 46� Professional District, or R-6, General Apartment District. The parcel was described as Lot 1, Block 1, Tract No. 1866, known as 500 Park Street, and was presently in the R-1, One-Family Residence District. The Affidavit of Publication of the Notice of Hearing was on file. Copies of the minutes of the Plan- ning Board meeting at which this petition was considered had been sent to the Councilmen for their information. No recommendation had been made by the Board due to tie votes on both motions involved in this matter. Also, a letter of protest against the requested reclassification had been received from Mr. Frank E. Sorisio, 2412 Roosevelt Drive. ' ' Upon request, Mr. Schoenfeld, Planning Director, by reference to a large map displayed, reviewed the zoning and land use of the area immediately surrounding the property in question. Also, by reference to a large sketch of the specific parcel involved, he explained its feasible division into two lots containing 8,800 and 5,800 square feet, respectively, for the construction of one-family residences which would front on Roosevelt Drive. He pointed out it was the recommendation of the Planning Staff to the Board that the petition be denied and the applicants be encouraged to develop this parcel for single family use. Mr. Schoenfeld reported that a petition of protest, signed by forty-six residents in the area, had been filed with the Board at its meeting of April 9, 1902. Mr. Way stated the legal criteria on which the Council should base its decision was whether or not the requested rezoning was justified by the circumstances and also, that the requirements for the general welfare and convenience of the community as a whole necessitated the reclassification. Upon the call for proponents, Mr. Charles T. Travers, Vice President of South Shore Land Co., pre- sented in detail his arguments to favor of a rezoning to the A~9 District for the construction of a one-story office building similar to the existing structure south of this parcel. He distributed photographs showing the lot in question and its adjacent properties along the easterly side of Park Street. The following also spoke in favor of the rezoning to the A-P District: Mr, Charles A. Tillman, 2415 Roosevelt Drive; Mrs. Myrle McClure, Realtor, 2602 Calhoun Street; and Mr. Joseph A. Onuschak, 2411 Roosevelt Drive. The President then called for opponents to the question and the following addressed the Council: Mrs. Inez Kapellas, 1810 Encinal Avenue; Mr. Q. N. Pope, 1820 Bay Street; Mr. Edward Larkin, 2417 Roosevelt Drive; Mrs. Helen L. Freeman, 831 Laurel Street; Mr. A. O. Neal, 2420 Roosevelt Drive; Mr. Frank Onrioio, 2412 Roosevelt Drive; Mr, D. B. Poupeney, 2430 Roosevelt Drive; Mrs. J. H. Tennant, 2416 Roosevelt Drive; Mrs. Harry Hill, 2428 Roosevelt Drive. Messrs. Travers and Larkin were then.given the opportunity to comment on the remarks made, after which the President declared the Hearing closed. A discussion period ensued in clarification of certain phases of the proposed plans. The matter was then referred to "Introduction of Ordinances". REPORTS OF OFFICERS, BOARDS, ETCETERA: V ll. From City Manager, recommending contract be awarded to H. V. Carter Company, Inc., low bidder, for furnishing one Tractor to the Golf Department, at the total cost of $2,422. Councilman Schacht moved the recommendation be adopted and contract be awarded to oaid'firm for fur- nishing this piece of equipment at the price quoted. The motion was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 12X From City Manager, recommending contract be awarded to Independent Construction Co., low bidder, for the project of Resurfacing Various Streets with Asphalt Concrete, at the total cost of $24,891. Councilman Rose moved the recommendation be accepted and contract be awarded to the designated com- pany for the specified project at the price quoted. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13: From City Manager, recommending authorization be given to increase garbage and refuse collection rates, effective July 1, 1962, in conformity with the schedule submitted and that the City enter , into an agreement with the Alameda City Garbage Association in this respect. The matter was referred to "Resolutions". 14. From the Mayor, informing the Council of the resignation of Mr. Armitte S. Kimbrough as a member of the Redevelopment Agency and his appointment of Mr. Alvan R. Sargent, subject to the Council's approval, to serve the unexpired term on this Agency. Said term will expire August 14, 1963. Councilman Godfrey moved the resignation of Mr. Kim6rough be accepted with regret and a letter of appreciation for his services be written. Further, that the Council confirm the appointment of Mr. Sargent as a member of the Redevelopment Agency for the term specified. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Ahoent; None. 15. From City Manager, requesting authorization be given for the improvement of a portion of County Road at City expense, as outlined in his letter of April 27, 1962. Councilman McCall moved the recommendation be adopted and authorization granted for the improvement of the specified area with the distinct understanding that this action was taken because of the parti- cular circumstances involved, and that no change in existing policy was established. Further, should any similar situation be found, it would be tested against the same criteria and an individual decision made on its merits by the City Council. The motion was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ~/' l6.^ From the Mayor, informing the Council of the resignation of Albert S. Edgerton, D. D. S., as a member of the City Planning Board - and nominating Mr. Stanley A. Mueller to serve the unexpired term, ending June 30, 1902. The matter was referred to "Resolutions". 17. ./ From City Manager, reporting all work satisfactorily completed on the project of Constructing Arch Culverts at Mound and Jackson Streets and at Fifth Street and Haight Avenue, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Rose moved the recommendation be followed; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Schacht and unanimously carried. INTRODUCTION OF ORDINANCES: 18. Councilman Collischonn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. ,New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City Of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Lot 1, Block 1, Tract No. 1866 - 500.Park Street) (From B-1, One-Family Residence District to A-P, Administrative-Professional District) 19. Councilman McCall introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series . An Ordinance Amending Sections 15-627 and 15-6210 of the Alameda Municipal Code, Relating to the Collection of Refuse and Garbage Within the City of Alameda, and Setting Maximum Rates to be Charged Therefor." UNFINISHED BUSINESS: 20. / The matter was presented concerning the question of the future operation of the First Aid Station. Since the last Council meeting, additional letters in favor of maintaining this facility had been received from the following: Mrs. Jarrit Geer, 1904 Sandcreek Way; Mrs. William J. Lotz, 215 Lincoln Avenue; Wednesday Afternoon Club, signed by Edna B. Ritchingo, President, 2853 Santa Clara Avenue; Mr. G. N. Pope, 1820 Bay Street; Mrs. John M. Jones, Chairman of First Aid Committee, Alameda Jay- cettes; Mrs. W. J. Swanson, 1716 Versailles-Avenue; Alameda Junior Chamber of Commerce; and Mr. B. I. Samworth, 946 Pacific Avenue. The President stated that on September 12, 1961, the Council appointed eleven citizens to serve as a Citizens Advisory Committee to conduct a study of the First Aid Station operation and thereafter to make a recommendation to the City Council. Presumably every facet of this facility was examined. On November 17, 1961, a majority report was made, signed by ten of the eleven members of the Committee, submitting its recommendation as follows: "The great majority of the Committee recommends abandonment of the First Aid Station because the County assumption duplicates service and it is felt that the com- munity does not owe a greater service to its citizens than the rest of Alameda County." President Cnlliachono remarked that the Council remained open-minded on the question and he invited all intereoted.partles to express their opinions on the subject. Dr. Lester Johnson addressed the Council at length in a plea to continue the operation of the Station and even give consideration to its improvement. He referred to his eighteen-page minority report on the subject which he had filed with the Advisory Committee and stated he assumed the Councilmen had read this document. Much time was devoted to this subject in order to give everyone who desired to speak an opportunity to do so. The following persons addressed the Council, urging it to continue the operation of the First Aid Station: Mrs. Doris Jones, 2626 Clay Street, on behalf of the Jaycettes; Mrs. Arthur Richardson, 1008 Alameda Avenue; Mrs. Paul Kapler, 3234 Bayo Vista Avenue; Mr. G. N. Pope, 1820 Bay Street; Mr. Robert Follrath, 980 Post Street. During the course of considerable discussion, it was suggested there should be a schedule of fees ,established for those who are able to pay for certain services. It was pointed out, however, that this is a service comparable to that rendered by the Police and Fire Departments and it would be not only inconsistent to attempt to charge but also costly and difficult to collect the fees in some cases. After further discussion, Councilman Schacht moved the Council continue the operation of the First Aid Station. The motion was seconded by Councilmen Rose. Speaking on the question, several of the Councilmen expressed their feelings that they were obeying the desires of the people as had been indicated by the many letters and personal appearances of the citizens in this matter. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Councilman McCall asked that a report be made on the cost of setting up a schedule of fees and how the Cities of San Jose and Oakland take care of their first aid operations. 46 RESOLUTIONS: 21. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6346 Resolution of the Council of the City of Alameda Ordering the Vacation of a Portion of Market Street, in the City of Alameda (South of Fillmore Street)." 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. 22. "Resolution No. Resolution of the Council of the City of Alameda Authorizing the Execution of an Agreement with the Alameda City Garbage Association for the Collection and Removal of Refuse and Garbage." Councilman McCall introduced the resolution and moved its adoption. There was no second. Councilman Schacht moved the resolution be laid over to the next Council meeting in order that certain questions with regard to the contemplated Agreement might be clarified during the interim. The motion was seconded by Councilman Godfrey and unanimously carried. 23. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6347 Resolution of the Council of the City of Alameda Authorizing Additional Interim Compensation to Assistant City Attorney Pending Appointment of New City Attorney." 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. 24. The following resolution was introduced by Councilman Godfrey, who moved its adoption: "Resolution No. 6348 Resolution of the Council of the City of Alameda Appointing Member of the City Planning Board." (Stanley A. Mueller) The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 25. The following resolution was introduced by- Councilman Schacht, who moved its adoption: "Resolution No. 6349 Resolution of the Council of the City of Alameda Endorsing and Supporting the Recommendations of the Northern California Marine Affairs Conference Relating to Congressional Appropriations for Study, Construction and Maintenance of Regional Navigation Projects." 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. The President then declared the foregoing resolutions duly adopted. 26. At this point, Councilman Schacht called attention to May 1 being Law Day, U. S. A., and spoke of the fact that Judge Folger Emerson had held a ceremony in his Court in observance of this occa- sion - primarily in recognition of certain winners of an essay on the subject of "Law Day and the Meaning of Law to America ". He announced that Miss Katherine Russum of Alameda had won Third Place in this contest and had been awarded a Savings Bond for her excellent article. Councilman Schacht stated everyone had been impressed by the inspiring thoughts expressed by these young people. BILLS: 27. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $26,836.89, 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 May 1, 1962, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. The President asked the Council to retire to an Executive Session for a discussion of personnel matters. ADJOURNMENT: 29. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, May 15, 1962, at 7:30 o'clock. Respectfully submitt