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1961-02-07 Regular CC Minutes31� REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, FEBRUARY 7, 1961 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegi- ance was led by Walter Smith, Boy Scout, and was followed by an inspiring Invocation delivered by The Reverend J. R. Dewald, Elder of Seventh Day Adventist Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held January 17, 1961, were approved as transcribed. WRITTEN COMMUNICATIONS: 2V From Mr. George W. Coupe, 2858 Santa Clara Avenue, in protest against the littered condition of the Golf Courses and suggesting the City adopt an "anti-trash law" similar to the recently adopted ordinance in the City of Oakland. Mr. Weller reported on the situation, pointing up that the bad condition referred to at the time this letter was written was due to temporary circumstances. He suggested the matter be referred to the Advisory Golf Commission which was aware of this problem - and it was so ordered. 3. From Mr. Leland W. Sweeney, County Supervisor, Third District, submitting a report of allocations from Gas Tax Funds, under the Mayors' Formula, to the cities in Alameda County during the period from 1955-56 through 1959-60. It was stated the City of Alameda had received the sum of $459,522.99 during this period. The information was noted with appreciation. 4. From Bean and Cavanaugh, signed by Mr. David M. Cavanaugh, requesting a thirty-day extension of time within which to make delivery of certain automobiles ordered by contracts dated December 30, 1960, and January 6, 1961. Councilman Schacht moved the respective extensions of time on these two contracts be granted as requested. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None, Absent: None. j 51. From Mr. Kenneth D. Wallace, 1001 San Antonio Avenue, recommending the Council take action to stop the dumping of raw sewage and other wastes into the waters surrounding the City by the ships moored at Alameda docks and piers. The President stated that, if there were no objections, this communication would be referred to the Oakland Office of the Regional Water Pollution Control Board. Councilman Freeman requested that a copy of the memorandum from the Assistant City Attorney, dated January 26, 1961, also be sent to the Board. It was so ordered. 6. \d/ From Mr, Leo Gunston, 1077 Park Avenue, requesting the reconsideration and/or a new Hearing con- cerning the rezoning of his property at 422 Taylor Avenue and the surrounding area. It was pointed out that Hearings had been held before the City Planning Board and the City Council on this matter and the requested rezoning had been denied at that time. The City Attorney explained the procedure now would be for Mr. Gunston to file an application for said rezoning which could then start the proceedings again. Mr. Annibale offered to so inform Mr. Gunston. \/ 7. From Mr. Leo Gunston, requesting the Clerk be instructed to read an "Open Letter re alleged dis- criminatory actions by the Council". The Councilmen had received copies of said letter and it was felt it was unnecessary to read the communication. It was, therefore, ordered filed. 81 At this time, President McCall extended a warm welcome to all of the Boy Scouts and their leaders who were in the audience as participants in the "Scout Day in Government" program at this meeting. The President introduced Mr. Robert D. Major, Executive Secretary of the Alameda Council of Boy Scouts of America, who, in turn, presented Mr. James Quinn, Vice President of the Scout Council. Both gentlemen expressed appreciation to the City Officials for their cooperation in giving the boys an opportunity to learn of their City Government, 9.. The President also introduced Mr. Carl Payne, Principal of Porter School, who presented several of the teachers and the pupils of the Eighth Grade Classes who were attending the City Council meeting as part of their study of Civics. Mr. Payne, too, thanked the Council for its interest in promoting this phase of the educational program. ORAL COMMUNICATIONS: 10. Mr. Frank Gottstein, 731 Haight Avenue, again referred to the bad condition of certain areas in the West End which were littered with debris. He also stated there were several old and very weather- worn power poles in this section which should be removed. He urged that these several improvements be made. Mr. Gottstein spoke of the "jaywalkers" and felt that citations should be issued to all such violators as it was a very dangerous practice. HEARINGS: 11. The matter was called up concerning the proposed amendments to Zoning Ordinance No. 1277, New Series, relative to regulations in the "C -1 ", Neighborhood Business, District, pertaining to require- ments and uses permitted, as recommended by the City Planning Board. The Clerk stated there was on file the Affidavit of Publication of Notice of said Hearing and other pertinent data on the subject. Upon inquiry by the President, there were no proponents who desired to speak on the matter. Mr. G. N. Pope, 1820 Bay Street, spoke in opposition to certain of the proposed amendments. Upon advice of the City Attorney, Councilman Freeman moved the Hearing be continued to the next Coun- cil meeting, to be held February 21, 1961, and the Planning Board be requested to give consideration to items 1 through 5 of the City Attorney's memorandum to the City Council dated February 7, 1961, and any other factor involved and, also, that the Board, after such consideration, then request the Council to modify the Board's previous recommendations, setting forth in proper terminology the recom- mended modifications to be made by the Council. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 12. The matter was called up with regard to the Appeal filed by Mrs. Mary Pagonis, et al, 1622 Broadway, from the decision of the Planning Board to deny the three -foot variance in the setback require- ment for the construction of an apartment house on her property. The Clerk stated copies of the minutes of the Planning Board meeting at which this matter had been con- sidered had been distributed to the Councilmen for their information and also the file containing all pertinent data was on hand. Mr. Schoenfeld, Planning Director, explained details of the case, pointing up the fact that Hearings before the Planning Board had been held on two separate applications from Mrs. Pagonis with regard to the proposed construction. The variances requested in the first instance had been granted and, sub- sequently, it was discovered there had been an error made in the survey of this property and another application was submitted for the additional three -foot encroachment into the front yard - which was denied by the Board - and which decision was now under consideration. Mrs. Pagonis, Appellant, 3228 Davis Street, Oakland, owner of the property in question, explained that the structure was supposed to be seventy -nine feet in length and due to the survey error it was found that by maintaining the twelve -foot setback as originally granted by the Planning Board, the building would be only seventy -six feet overall length. Therefore, this would necessitate cutting down the size of the bedrooms in the several living units, which she felt would be unsatisfactory. The plans were reviewed and the matter was thoroughly discussed. Councilman Freeman suggested that the Hearing be continued in view of the fact that Mrs. Pagonis' architect was not able to be present at this meeting. However, Mrs. Pagonis urged that action be taken on the matter at this time because her contractor had to proceed with the job. Upon inquiry, there were no opponents to speak on the subject and the President thereupon declared the Hearing closed. Councilman Petersen then moved the Council overrule the decision_ of the Planning Board to deny this application and grant the Appeal. The motion was seconded by Councilman Schacht and was lost on the following roll call vote. Ayes: Councilmen Petersen and Schacht, (2). Noes: Council- men Collischonn, Freeman and President McCall, (3). Absent: None. Therefore, the Appeal was denied. 13. At this point, President McCall presented to each of the "Scout Officials" a Certificate of Honorary City Official and congratulated them upon the fine work they are doing in earning their various merit badges. REPORTS OF OFFICERS ARDS ETC 14V From unexpired The matter the Mayor, nominating Mr. Gustave Levy as a member of the Civil Service Board, to serve the term of Mr. Markham Happ, resigned - said term to expire June 30, 1963. was referred to "Resolutions ". 15. From City Planning Board, signed by the Secretary, requesting a thirty -day extension of time in which to further consider a petition from Ralph and Mary Kearney to rezone certain property southerly of San Antonio Avenue from the "R -2 ",, Two - Family Residence, District to the "R -4'!, Neighborhood Apart- ment, District. Councilman Schacht moved the extension of time be granted as requested for the continued study of this petition. The motion was seconded by Councilman Collischonn and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16. From City Manager, recommending contract be awarded to Gallagher & Burk, Inc., low bidder, for the project of Constructing Arch Culverts at certain intersections along Buena Vista Avenue, at the total cost of $29,604. Councilman Freeman moved the recommendation be adopted; that the contract be awarded to said firm for the specified project at the price quoted. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17. From City Manager, reporting all work satisfactorily completed on the project of Improving Mound Street between Otis Drive and Waterton Street - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Collischonn moved the recommendation be followed; that said work be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Schacht and unanimously carried. Mr. Annibale explained the procedure by which payment of the assessment for this street improvement project can be made to the City by the property owners involved. He stated he would prepare a memoran- dum on the subject for the information of the Councilmen. 18. From Douglas D. Stafford, M. D., tendering his resignation as a member of the Alameda Library Board, due to ill health. Councilman Schacht moved the resignation of Dr. Stafford be accepted with great reluctance and regret and that a resolution in commendation of Dr. Stafford's many years of City service be prepared -for the next meeting of the Council. The motion was seconded by Councilman Freeman and unanimously carried. 19. City Manager, with regard to repairs to the turbine pump at the Golf Course which cost approximately $5,400., and recommending the Council ratify the action taken, in conformity with Sec- tion 3 -15 of the Charter, by making a finding that great necessity and emergency required immediate action. Councilman Freeman moved the recommendation be adopted and the necessary expenditure be ratified accordingly. The motion was seconded by Councilman Collischonn and on roll call carried by the follow- ing vote. Ayes: Five. Noes: -None. Absent: None. INTRODUCTION OF ORDINANCES: 20. 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 Authorizing the Execution of a Lease of Certain Real Property to the County of Alameda to be Used for the Purpose of Maintaining and Operating an Existing Veterans' Memorial Building, and Approving the Form and Terms of Said Lease." UNFINISHED BUSINESS: 21:4 The matter was presented concerning the proposed amendments to Subparagraph (d), Sec. 11 -14A6 of Zoning Ordinance No. 1277, New Series, relative to "Small Lot and Rowhouse" provisions. Councilman Freeman referred to memoranda from the City Manager and the Fire Chief concerning this matter, dated February 1 and January 30, 1961, respectively, and stated that, in view of the fact that further exploration of all phases of the situation was recommended before any decision be made, there was no need for detailed discussion at this time. However, Mr. Pope addressed the Council in opposition to the proposed amendments as contemplated at this time. Messrs. Weller and Annibale explained that the entire purpose of the proposed amendments was to relax the regulations concerning the so-called substandard lots. Following some discussion of the -use of certain language in the proposed amendments, Councilman' Collischonn moved the date of Hearing on this matter be set for the Council meeting of May 2, 1961, and in the meantime, the matter be referred back to the Planning Board for further review. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 22. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6178 Appointing Member of the Civil Service Board." (Levy) The motion to adopt said resolution was seconded by Councilman Petersen 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. 6179 Authorizing the Acquisition of Certain Real Property for Public Street and Highway Purposes -- Northwest Corner of Park Street and Buena Vista Avenue -- (Simas)." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 24. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6180 Adopting Specifications for Furnishing to the City of Alameda Four (4) New, 8-Cylinder, 4-Door Sedans, with Automatic Transmission, for Police Department -- Ford, Chevrolet, Plymouth Class, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 25. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6181 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model, 4-Door, 8-Cylinder Sedan, with Automatic Transmission, for Police Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None, 26. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6182 Transferring Various Amounts from and to Certain Funds on the Books and Records of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 27. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6183 Resolution of the Council of the City of Alameda Endorsing City of Berkeley's Request for Grant of Moneys to Rehabilitate the City of Berkeley Fishing Pier." 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. 28. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6184 Resolution of the Council of the City of Alameda Declaring Public Interest and Necessity Require the Acquisition of Certain Lands for Right-of-Way Purposes, Including Street and Highway, Sanitary Sewer and Storm Sewer Purposes. (Tucker -- Tilden Way." 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. 29. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6185 IN MEMORIAM TO MR. CHARLES FRANK HENDRICKSON "WITH HEARTFELT GRIEF, the Council of the City of Alameda records the death of one of its former employees, Mr. CHARLES FRANK HENDRICKSON, who had served the City as a Painter in the Street Department for a period of twenty-five years. Mr. Hendrickson had been employed by the City on November 13, 1935, and had retired on August 31, 1959. "WHEREAS, Mr. Hendrickson had conscientiously and efficiently performed the duties of his job in a spirit of friendly cooperation with his fellow workers; and "WHEREAS, Mr. Hendrickson had actively participated in the fraternal, spiritual and civic interests of the community. "NOW, THEREFORE, BE IT RESOLVED, that, in acknowledgment of his staunch and capable service over such a long period of time, the Council of the City of Alameda hereby expresses its sense of personal loss and its appreciation for his constant efforts in all endeavors on behalf of the City. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and a copy thereof be forwarded to the family of Mr. Hendrickson, that it may extend to its members a genuine expression of sympathy and condOlence in their bereavement; and "BE IT FURTHER RESOLVED, that when this meeting of the Council of the 'City of Alameda adjourns, it shall do so in respect to the memory of Mr. CHARLES FRANK HENDRICKSON." 314 The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. . Ayes: Five. Noes: None. Absent: None. 30. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6186 IN MEMORIAM TO MR. FORD HENSLEY THOMASON (Former Mernber aLlitynoillujoard) "WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its loyal and civic-minded citizens, Mr. FORD HENSLEY THOMASON. "WHEREAS, Mr. Thomason was very highly esteemed for his personal interest in the welfare of the community and for his active leadership in the fraternal organizations of the City; and "WHEREAS, he had served the City faithfully and diligently, having been a member of the City Planning Board from the date of his appointment on June 19, 1951, until he found it necessary to resign on November 1, 1956; and "WHEREAS, during his tenure on the Board Mr. Thomason served as its President and had strongly advocated broadening the activities of the Board into the field of long-range plan- ning in the best interests of the future development of the City. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of Mr. Thomason's wholehearted parti- cipation in the civic and fraternal activities of this community, the Council of the City of Alameda hereby expresses its sense of personal loss and its gratefulness for the unselfish influence exerted by Mr. Thomason in his efforts on behalf of the City. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and that a copy thereof be transmitted to the family of Mr, Thomason, that it may extend to its members a sincere expression of sympathy and condolence in their bereavement; and "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of Mr. FORD HENSLEY THOMASON." 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. 1 31. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6187 IN MEMORIAM TO MR. GRANT HICKS (Former Police Officer) "WITH DEEP SORROW, the Council of the City of Alameda records the death of one of its former employees, Mr. GRANT HICKS, who had served the City as Poundmaster from the date of his employment on May 11, 1911, until March 17, 1920, from which date until his retirement on July 1, 1939, he served as a Patrolman. "WHEREAS, Officer Hicks was well-known and highly respected for his conscientious and diligent performance of his duties during his many years of employment in both of these capacities; and "WHEREAS, Officer Hicks was outstanding in that he held Badge NuMber One in the Police Department. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of his loyal service to the com- munity, the Council of the City of Alameda hereby expresses its sense of personal loss and its sincere gratitude for having such a faithful and highly respected employee. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and that a copy thereof be transmitted to the family of Officer Hicks, that it may extend to its members a sincere expression of sympathy and condolence; and "BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of Mr. GRANT HICKS." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 32. "Ordinance No. 1361, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series. (From "R-2" to "R-4" District - Block bounded by Buena Vista and Pacific Avenues and Peru and Stanton Streets)" 315 Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Council- man Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Present: Councilman Schacht, (1), who abstained due to a conflict of interest. Absent: None. 33. At this point, President McCall referred to the letters received by the Councilmen from Messrs. Raymond E. Brown, Auditor, and Harold E. Crabb, Treasurer, concerning their salaries and pointing up the fact that said compensation cannot be increased during their respective terms of office as elected officials. They asked that such an increase be given consideration and determination prior to the time of the coming City Election when they will begin new terms. Councilman Collischonn moved the Council grant a salary increase of $250. to the Auditor and to the Treasurer, effective at the commencement of their respective terms of office. The motion was seconded by Councilman Petersen. Speaking on the question, there was considerable discussion about the proper method of handling the request. Mr. Annibale pointed out that action can be taken by the adoption of a resolution at any meet- ing prior to April 18, 1961, since it would become effective immediately. Therefore, there was no urgency for a decision at this meeting. It was agreed the subject should be reviewed by the City Manager and certain information furnished to the Councilmen prior to the next Council „meeting. With the consent of his second, Councilman Collischonn then withdrew his motion. 34. President McCall also again spoke of the matter of the "Sunday Pass” and the "Shopper's Special" as previously requested of the Alameda- Contra Costa Transit District. (These services had been sug- gested at the Council meeting of October 4, 1960.) Following some discussion, it was determined that the matter would be followed up by another letter to the District. FILING: 35. Financial Statement - Bureau of Electricity, as of December 31, 1960 - Verified by Hackleman & Larzelere. 36. Specifications and Provisions No. MS 2 -61 -1 - Furnishing Four Sedans for the Police Department, 8- Cylinder, 4 -Door, with Automatic Transmission - Ford, Chevrolet, Plymouth Class. 37. Specifications and Provisions No. MS 2 -61 -2 - Furnishing One Sedan for the Police Chief, 8- Cylinder, 4 -Door, with Automatic Transmission. 38. Lease - Between City of Alameda and County of Alameda - re Veterans' Memorial Building. BILLS: 39. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $41,070.15, was presented to the Council at this meeting. The List was acoompanied 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 February 7, 1961, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Petersen and carried.on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 40. There being no further business to come before the meeting, the President asked all to rise for a moment of silence in respect to the memory of Messrs. Charles Frank Hendrickson, Ford Hensley Thomason and Grant Hicks, The meeting then adjourned - to assemble in regular session on Tuesday evening, February 21, 1961, at 7:30 o'clock. Respectfully submitted,