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1960-04-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE.CITY OF ALAMEDA HELD TUESDAY.EVENING, APRIL 5 1960 The meeting convened at 7 :30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman and a most inspiring Invocation was then delivered by The Reverend Mr. Harold Petroelje, Pastor of First Christian Reformed 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 March 15, and the special meeting March 21, 1960, were approved as transcribed.' WRITTbN COMMUNICATIONS: eld 1 7 2./ From Mr. L. J. Gunston, 1077 Park Avenue, concerning the request by Mr. Paul F. Roemer, Jr., representing Values, Inc., et al, purchasers in escrow, to rezone the property known as 434 Central Avenue, from the "R -3 -PD" and "R -4" Districts to the "R -5" (General Apartment) District. This matter had come before the City Planning Board at its regular meeting held March 7, 1960, and the Public Hearing thereon had been continued to its meeting to be held April 11, 1960.. Mr. Gunston's letter referred to Sections 11 -175 and 11 -176 of Ordinance No.1277, New Series, wherein " - - -- failure of the Planning Board to act on the proposed amendment within thirty days from the receipt of said proposal shall be 'deemed approval'; provided, however, City Council may permit an extension of time for such action." Mr. Gunston stated he concurs with the rezoning provided it involves the area including his property at 422 Taylor Avenue but he objects on the grounds of "spot zoning" of 434 Central Avenue. Reference was made to Mr. Annibale t s memorandum of April 1, 1960, sent to the Council- men for their information concerning the legal technicalities involved. Mr. Annibale verbally explained that the Council should request the Planning Board to forward the necessary papers and data with regard to this case as "deemed approved" - or, if the Council so desires, to request additional study by the Board and then submission of said data. He pointed out that, at that stage, it will also be "deemed approved" by the Board. Councilman Collischonn moved the Planning Board be requested to make further study and submit all data on this matter. The motion was seconded by Councilman Schacht. Speaking on the question, Councilman Freeman stated Mr. Gunston's property at 422 Taylor Avenue is not included in this petition for rezoning and, therefore, does not enter into the issue. He would have to file an application through the proper procedure and she suggested Mr. Gunston be so informed. Mr. Annibale stated he would notify Mr. Gunston accordingly. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 3. From Public Schools Week Committee, signed by Mr. William J. Hay, General Chair- man, extending invitation to attend a Citizens Special Meeting for Public Schools Week - to be held Monday, April 18, 1960, at 8 :00 o'clock p.m. in Encinal High School Cafetorium. The invitation was noted and the communication was ordered filed. ORAL COMMUNICATIONS: ?. Mr. Donald B. Porter, 3264 Adams Street, referred to an item on the agenda under ' Reports" concerning a Record of Survey Map covering his property and explained his desires with regard to the widths of the two lots involved. The Planning Board has recommended the lots be 35 feet and 48.17 feet in width. Mr. Schoenfeld, Planning Director, clarified the situation and it was suggested the matter be further discussed when the recommendation from the Planning Board was pre- sented later in the meeting. HEARINGS: 5. The matter was called up concerning the proposed amendment to Zoning Ordinance No. 1277, New Series, - Sec. 11 -1338, Paragraph (b) by adding thereto a subparagraph (5) as follows: "Laundry, cleaning and dyeing works, and carpet and rug cleaning plants employing not more than five (5) persons regularly on the premises, excluding sales and administrative personnel ". This would permit "rug cleaning plants ", as indicated, in the "C -3" (General Commercial) Districts. The Clerk stated there was on file the Affidavit of Publication of the Notice of Hear- ing setting forth the time and place of the Hearing and also pertinent information from the files of the Planning Board in the matter. Upon the City Attorney's advice, the President called for any opponents to the ques- tion, to which Mr. John F. Hanson, Attorney, responded as the representative of Bank of America, Executor of the Estate of James Robertson, owner of the property known as 647 Buena Vista Avenue, which is involved in these proceedings. Mr. Hanson explained that, generally speaking, he would be classed as a "proponent" - however, as the proposal submitted from the Planning Board limits the personnel to only five employees, it does not meet with his concurrence and to that extent he would oppose the recommendation. There were no other opponents. Therefore, Mr. Hanson continued — speaking next as a proponent - and stated there are actually two phases of this matter before the Council so that, following the Hearing, the Council will have the option to rezone the property in question or to amend the Zoning Ordinance as indicated, or modify either recommendation. With regard to the employee limitation, Mr. Hanson felt this was just making the ordinance more difficult to interpret. Mr. Weller interjected that his office had run a check on the number of employees in twenty -three rug cleaning plants in the, area. There are two such establishments in Alameda - one employs three persons and the other employs one. Of the total number, there are only two firms whose employees "on the premises" exceed the proposed limita- tion of five and, therefore, he felt the employee restriction is unnecessary. Following some discussion of the proper procedure to pursue in order for the Council to retain its "optional" action at the proper time, the Order of Business was revised and first referred to "Introduction of Ordinances" and then to "Ordinances for Pass- age" at this time. There was no objection on the..part of any Councilman to taking up these items out of order., INTRODUCTION OF ORDINANCES: 6. Councilman Freeman thereupon introduced the following ordinance, after was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Chapter 1 of Title XI of the Alameda Municipal Code, Relating to, Uses Permitted Within a C -3 General Commercial District (Laundry, Cleaning Works, etc.)." ORDINANCES FOR PASSAGE: 7.J "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. , 1277, New Series." (61.7 Buena Vista Avenue) ich it Councilman Freeman moved action on the passage of this ordinance be held over to the regular meeting of April 19, 1960. The motion was seconded by Councilman Collischonn and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the Hearing closed. REPORTS OF OFFICERS, BOARDS, ETCETERA: 8. From City Planning Board, signed by Mr. Schoenfeld, Secretary, indicating its approval of the erection of a twelve -foot fence along the Taylor Avenue frontage and the west lot line of St. Barnabas Church, as recently requested. Councilman Collischonn moved the Council grant permission for the erection of a twelve foot fence as indicated in the request from the Church, and as approved by the Planning Board. The motion was seconded by Councilman Freeman and unanimously carried. 9. From City Planning Board, signed by the Secretary, recommending approval of the Tentative Map for Tract No. 2153, subject to the stipulations itemized in its letter dated March 29, 1960, which was accompanied by the copy of the Map and the City Engi- neer's Report. Also, recommendation was made to eliminate the requirement for a sidewalk along the south side of Otis Drive, east of High Street extended. The prop- erty is known as the "Hester" subdivision and is located near Bay Farm Island Bridge. Coun d lman Freeman raised several questions for clarification and particularly asked about the sidewalk situation. Mr. Hanna explained conditions involved - stating the sidewalk for the south side of Otis Drive (north edge of Tract No. 1289) was required under the previous map and the developer had every intention to put it in, although there is some question about its usefulness. He. also spoke of the widths of the interior streets, and stated that it was his understanding that the widths between property lines and between curbs were to be worked out by the subdivider's engineer and the Planning Department, taking into account the minimum lot dimensions allowed by the Ordinance. Upon request and in answer to Councilman Freeman's question, Mr. Lowell Duggan, the developer, stated he is in full accord and agreement with the recommendations of the City Engineer and the Planning Board with the exception of the sixty -four -foot street. He stated such a requirement would contemplate the redesigning of the entire layout of the subdivision, on which he has diligently worked with the Planning Director in order to accomplish its completion to date. He said he is willing to construct the forty-four-foot-width streets, within the rights -of -way (property line to property line) shown on the map. It was agreed the development of this area would be of great benefit to the City. Councilman Freeman thereupon moved that the Tentative Map be approved subject to the stipulations of the Planning Board, and that all the suggestions the City Engineer's Report stated "should" be made, "shall" be made. Mr. Duggan indicated this was very agreeable with him. There was no second to the motion. However, there was more discussion concerning the thirty -foot strip of sidewalk along the south curb of Otis Drive just east of High Street which is involved in-the develop- ment of the subdivision. Ultimately, Mr. Duggan stated he would be delighted to install this strip of sidewalk. Following further discussion, Councilman Collischonn moved the Council approve the Ten- tative Map of Tract No. 2153, subject to the stipulations set forth in the letter from the Planning Board dated March 29, 1960 - and subject, further, to a change in Item No. 2 in said letter to reduce the width of Hester Avenue from sixty -four feet to sixty feet in width over -all, with a pavement width of forty -four feet, and also, not approving any recommendations insofar as the sidewalk in Tract No. 1289 is concerned. Councilman Freeman seconded the motion provided the suggestions contained. in the City Engineer's Report which he felt "should' be made, "shall" be made. The amendment was acceptable to Councilman Collischonn and the motion, as amended, was carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 10. From City Planning Board, signed by the Secretary, recommending approval of Record of Survey Map, filed by Mr. Donald B. Porter, covering portions of Lots 4, 5, 6, and portion of abandoned Market Street, Block 42, Map of Town of Alameda - the property to be divided into two lots, having frontages of 48.17 feet and 35 feet, respectively. Mr. Porter again addressed the Council on this subject and Mr. Schoenfeld stated it had been indicated to Mr. Porter by the members of the Planning Board that they would look favorably upon an application for a variance if such were needed in connection with his construction plans. Councilman Petersen moved the Board's recommendation be followed and the Record of Survey Map be approved as submitted. The - motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5). Noes: None. Absent: None. 11V From City Manager, reporting all work satisfactorily completed on the project of Constructing a Storm Water Pumping Station in the Vicinity of Third Street and Atlantic Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Schacht moved the recommendation be adopted; that the work be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Freeman and unanimously carried. UNFINISHED BUSINESS: 12. The matter was called up concerning the proposed State Beach -Park project, which involves the sale of a certain portion of Washington Park Fill Area to the State. The Clerk stated there was on file certain letters expressing approval of the project from the following: Alameda Recreation Commission, Alameda Chamber of Commerce, Bay Farm Island Improvement League, Alameda Home Owners Association and several individuals. Also on file expressing opposition to the project was a letter from the Alameda Real Estate Board and approximately one hundred fifty signed mimeographed form letters. The Clerk stated a telegram had been delivered just this evening from Mr. Stanley D. Whitney, expressing opposition. President McCall stated the floor was open to those who desired to speak in opposition to the question. Councilman Petersen first made the following statement - he felt this Council has an opportunity to let the question be resolved by the people. He pointed up there has been a great deal of discussion on the issue and there have been good arguments pro and con. He said he believes the Council has an obligation to the people, because of the con- troversial nature of this issue, to place the question on the ballot for the June 7 Primary Election, and he urged that the people, themselves, be allowed to decide this matter. During the course of a lengthy discussion, each of the Councilmen expressed his views on the subject - pointing up the advantages to the City through State development 'of this beach -park. It was also brought out that the sale of this land would make it possible to retire the bonds, relieve the City of the financial burden of retaining and maintaining the beach strip between Grand Street and the westerly line of Washing- ton Park Fill and provide much needed and more adequate recreational facilities. Reference was made to a letter dated March 30, 1960, written by the City Manager to the Councilmen, giving full details of all economic factors concerning this question - and it was agreed this information should be made available to the residents of the City. Upon request, the City Clerk read the letter in full. The following spoke in opposition to the matter: Frank Gottstein, 731 Haight Avenue; Gene Sirois, 2438 Otis Drive; Junea W. Kelly, 1311 Grand Street; Alfred Horine, 3006 Thompson Avenue; Anthony Bruno, 1530 Paru Street; Eleanor Jahn, 2140 Clinton Avenue; Lewis W. Groper, 1503 Webster Street. The principal points of opposition seem to be: the influx of people who will be attracted to the beach -park; the resultant parking and traffic problems; the need to keep this property on .the tax rolls through its sale to private developers for residential purposes; the smallarea available for a State beach -park and the possi- bility the State might then condemn other property to enlarge its facility. The thought was also expressed that this question should be submitted to the voters for decision. The following proponents then addressed the Council: H. E. North, 1216 Ninth Street; Jayne Langdon, 507 Central Avenue; Richard Bartalini, 1716 Second Street; Joseph Connell, 437 Willow Street, President of the South Shore Merchants Association; Ethel Kibbe, 510 Central Avenue; Chester R. Bartalini, 114116 East Shore Drive, speak- ing as Chairman of the Alameda Recreation Commission; Peggy Roberts, 1721 Pearl Street; Malcolm Longaker, 1350 Fernside Boulevard; David Macintosh, 1715 Pacific Avenue; Grace Hartley, 3302 Liberty Avenue; Newton Elder, 2206 Encinal Avenue; Nancy Craig, 1715 Dayton Avenue; Everett E. Farwell, Jr., 2854 Santa' Clara Avenue. The main points raised in favor of the proposal were: the State could properly develop the beach -park and would then maintain and control it which would relieve the City of a great financial burden; any residential development of the area by private enterprise might be many years from now; there is need for more adequate recrea- tional areas in the City and the action of the Council should be based on the economic and tax structure of today. Following the presentations by all who desired to speak, Councilman Freeman moved the Council authorize the City Manager to enter into negotiations for the sale of approxi- mately forty -two acres of the Fill Area land to the State of California at a price of approximately $8,560. per acre and to obtain its informal assent thereto. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Councilmen Collischonn, Freeman, Schacht and President McCall, (4). Noes: Council- man Petersen, (1). Absent: None. (For the Council's information, a more detailed account of the discussion on this subject will be prepared as soon as possible.) 13/ At this time, Councilman Collischonn said he would like to have some type of cir- cular covering the pertinent facts concerning the State Beach -Park project produced for distribution to the residents of Alameda so they can be fully informed about what their City Council has done in this respect. He felt this information should go out promptly while the issue is still fresh in mind. Considerable discussion ensued as to the probable cost and the best method to be employed for such distribution. Councilman Collischonn then moved the City Manager be authorized to condense his letter of March 30, 1960, addressed to the City Council, without omitting any important and pertinent facts and have it reproduced and distri- buted to the residents of Alameda by the most economical means in order that they may be informed about why this decision was made, and the Chamber of Commerce be author- ized to take care of the expenses involved and, further, if funds are not available through the "Chamber ", the Council authorizes the expenditure of City funds in a rea- sonable amount for said purpose.. The motion was seconded by Councilman Schacht and carried by the following roll call vote. Ayes: Councilmen Collischonn, Freeman, Schacht and President McCall, (4). Noes: Councilman Petersen, (1). Absent: None. NEW BUSINESS: 141, Mr. Daniel Rourke, 1803 San Antonio Avenue, inquired about the legal age at which a minor can play a pinball machine in the City and Mr. Annibale replied that there is no restriction so far as he recalls, but he would check into the matter. Mr. Rourke said it had come to his attention that there is a great deal of juvenile activity with these machines and he did not believe it is a very healthy situation. If there is no legislation against the use of these machines by minors, he felt it is incumbent upon the Council to initiate such regulations. 15 . Councilman Freeman raised the question concerning the "carnival type" activities on the South Shore and how they became established without a Use Permit. It was developed that Mr. Annibale is researching the condition and Councilman Freeman requested that the Council be informed about the status of these enterprises and who is responsible for controlling the situation. 16. Councilman Petersen referred again to the hazardous condition prevailing at the intersection of Central Avenue and Broadway and felt some remedial action should be taken before there is a bad accident. Mr. Weller explained that additional studies have been made of this location and one more parking space on the west side of Broadway, immediately north of Central Avenue, is to be removed and parking from that point to the turning area at Hotel Alameda is to be changed from diagonal to parallel. This should effect better traffic visibility. Councilman Collischonn suggested the advisability of establishing a flashing signal at this point be investigated. 17:` Councilman Petersen said he thought it should be noted at this meeting that a tragic accident occurred recently in which a little boy drowned in the lagoon and he knew everyone was profoundly upset about this misfortune. Mr. Weller stated he and the Chief of Police had thoroughly discussed possibilities for a solution to this problem and there seems to be nothing practicable to offer. He said he would welcome suggestions from anyone for establishing effective controls. The accident occurred on private property. RESOLUTIONS: 18. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 6053 Resolution of the Council of the City of Alameda Endorsing Postman's Holiday -- 'Journey to Understanding'." 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. 19. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6054 Authorizing the Execution of Amendment to Contract N0y(U) -22357 (Change 'N') Relating to Direct Services to Navy Public Quarters and Navy Housing Homoja 'B'." 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. 20. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6055 Resolution of the Council of the City of Alameda Transferring to the Bureau of Electricity of the City of Alameda Responsibility for Maintenance, Inspection and Testing of the City's Fire Alarm System." 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. 21. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6056 Adopting Specifications, Special Provisions and Plans for Removal of Rails Across Atlantic Avenue at Decatur Street, Calling for Bids and Directing City Clerk to Advertise Same." 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. 22. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6057 Adopting Specifications, Special Provisions and Plans for Painting and Decorating of Portions of the City Hall, 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. 23. The following resolution was introduced by Councilman Petersen, who moved its adoption: 192 "Resolution No. 6058 Adopting Specifications for Furnishing to the City. of Alameda One (1) Patrolmaster 'S00'.Speedmeter, or Equal, for the Police Department, 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. 24. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6059 Adopting Specifications, Special Provisions and Plans for Grading and Improvements at Krusi Park, 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. 6060 Authorizing the Acquisition of Certain Real Property for Public Street and Highway Purposes -- Tilden Way (Conrad Roth) ." 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. 6061 In Appreciation and Commendation of Bernard E. Jost, Retiring Auditor, ex- officio Assessor, 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 Schacht, who moved its adoption: "Resolution No. 6062 In Appreciation and Commendation of Homer R. Dallas, Retiring Treasurer, ex- officio Tax Collector, 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. The President thereupon declared all of the foregoing resolutions duly adopted and passed. At this point, President McCall reminded everyone of the Civic Luncheon to be given this Thursday, April 7, in honor of these two retiring officials and in recognition of their many years of loyal service to the City. He expressed the hope that all would plan to attend. He also spoke of the delightful retirement party given "Benny" and "Homer" by their City Hall friends last Friday afternoon in the Council Chamber. Many present and past City employees were in attendance and gifts were presented to the honorees. FILING: 28. Contract NOy(U) -22357 - (Change 'N') - Homoja "B" - Between United States of America and the City of Alameda. 29. Specifications, Special Provisions and Plans No. PW 2 -60 -3 - for Removal of Rails Across Atlantic Avenue at Decatur Street. 30. Specifications, Special Provisions and Plans No. PW 3 -60 -4 - for Grading and Improvements at Krusi Park. 31. Specifications and Provisions No. MS 4 -60 -3 - for Furnishing One (1) Patrol - master '500' Speedmeter, or Equal, for Police Department. 32. Specifications, Special Provisions and Plans No. PW 4 -60 -5 - for Painting and Decorating of Portions of City Hall. BILLS: 33. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $110,531.97, 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 April 5, 1960, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Collischonn and carried by the fol- lowing roll call vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 34. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, April 19, 1960, at 7:30 o'clock. Respectfully submitted, / c f 5)/11 44, , City C erk