Loading...
1960-10-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, OCTOBER 4, 1960 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegi- ance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by The Reverend Miss Gladys C. Grier, Minister, Home of Truth. 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 of September 6, the adjourned regular meeting of September 8, and the regular meeting of September 20, 1960, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Messrs. E. T. Bartos, 1008 Buena Vista Avenue, and J. 0. Henry, 2168 -A Alameda Avenue, con- cerning the establishment of a "mobile -home park ". The matter was referred to the Alameda Chamber of Commerce. It was also suggested that the Clerk inform Messrs. Bartos and Henry that such trailer parks can be established in the "C2" and "C -3" Commercial Districts. 3. From Mr. Edward B. Gamble, Jr., requesting permission to encroach into the lagoon drainage ease- ment for the purpose of placing two concrete pilings in this area to support the single- family dwelling he proposes to construct at the rear of his property known as 2012 -2014 Clinton Avenue. Following advice from the City Attorney and the City Engineer that there were no problems involved in this situation, Councilman Collischonn moved permission be granted to install the two pilings as requested. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 4/ From Mr. Frank Gottstein, 731 Haight Avenue, with regard to the recent drowning of a child at the foot of Ninth Street and inquiring what the citizens can expect from the Police Department to help protect children from such hazard. It was also stated he felt the Police Department should be represented at this meeting to hear any discussion of the subject. During the course of a lengthy discussion of the problem, it was requested that the City Attorney and the City Manager draft some type of legislation for the Council's consideration which would empower the Police with sufficient additional authority to keep trespassers away from the lagoons. Mr. Annibale agreed such legislation would be valid but there would then be the question of determining a "trespasser" and also the enforcement of said legislation. However, he stated the proposed ordinance could establish some type of penalty for trespassing which would make it more effective. He pointed out the City of Alameda has done everything it can do to protect itself against liability from drowning in the lagoon. It was also mentioned that Alameda is surrounded by water which presents a hazard on every side and all citizens should be alerted to be more watchful, especially of younger children who might have wandered away from their homes. ORAL COMMUNICATIONS: 5» Mr. Frank Gottstein also spoke on the subject contained in his letter, reiterating his belief that the Chief of Police should have been in attendance at this meeting to express his opinion concerning the matter. HEARINGS: 6. The matter was called up concerning the appeal from the decision of the City Planning Board to deny certain requested variances on the property at 2840 Otis Drive - filed by Mr. James W. Marberry, owner of the premises. The Clerk stated the Councilmen had been sent copies of the minutes of the Planning Board meeting at which this matter was considered, Mr. Marberry had been notified, as required, that the appeal would come up for Hearing at this meeting and the file containing all pertinent data was on hand. Mr. Schoenfeld Planning Director, gave a complete resume of the encroachments involved in the struc- ture proposed to be built for use as a carport and the Board's denial of the variances was based on the criteria that there were no unusual or exceptional circumstances which prevented Mr. Marberry from adhering to the zoning ordinance regulations. Mr. Marberry addressed the Council and explained his reasons for locating the carport as shown on the plot plan of his property submitted to the Planning Board, copies of which were sent to the Councilmen for their information. He pointed out there is a concrete wall about two feet thick along the side line of his lot, which was in place when he bought the property, and his driveway now abuts the end of this wall. Therefore, he cannot move the contemplated carport the necessary four and one -half feet toward the rear of the property because it would necessitate removing that much of the wall to relocate the driveway. There was a question and answer period and considerable discussion covering all phases of the situa- tion. Councilman Collischonn said he felt it would be possible for Mr. Marberry to erect his car- port within the provisions of the City ordinances and the Building Code and by granting said variances the Planning Board and the Council would be establishing a bad precedent. Mr. G. N. Pope, 1820 Bay Street, spoke in favor of granting the variances requested. Following some further discussion, the President declared the Hearing closed. Councilman Collischonn thereupon moved the Council deny the appeal and sustain the decision of the Planning Board. The motion died for lack of a second. Councilman Schacht then moved the Council grant the appeal and reverse the decision of the Planning Board. The motion was seconded by Coun- cilman Freeman and carried by the following roll call vote. Ayes: Councilmen Freeman, Petersen, Schacht and President McCall, (4). Noes: Councilman Collischonn, (1). Absent: None. REPORTS OF OFFICERS BOARDS ETCETERA: 7/ From Treasurer, in compliance with Resolution No. 6026, reporting the collateral held in his office during the month of September, in the amount of $500,000. The report was noted and ordered filed. 8Y From City Planning Board, signed by the Secretary, requesting a sixty -day extension of time in which to complete rezoning studies of the properties situated at the southeast corner of Stanton Street and Buena Vista Avenue, Alfred Soria, owner - and the northwest corner of Van Buren and High Streets, Otto Phillipsen, owner. Councilman Collischonn moved the extension of time be granted as requested. The motion was seconded by Councilman Freeman and unanimously carried. INTRODUCTION OF ORDINANCES: 9. 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 Amending Section 17 -461 of the Alameda Municipal Code by Adding Subdivisions (5) and (6) Thereto, Relating to Yield Right -of -Way Intersections." (Page Street at Taylor Avenue and Alameda Avenue at Paru Street) UNFINISHED BUSINESS: 10' The matter was presented concerning the request from Alameda Lodge No. 1015, B. P. 0. E., for the Council's consideration of possible sale of certain City -owned land situated at the southeast corner of Doolittle and Maitland Drives. A report on the subject has been made by the City Manager in his memorandum dated September 30, 1960, copies of which have been sent to the Councilmen. It has been determined that the area available would be 3.9 acres. It was indicated in the report that the sale of this land would affect the parking area adjacent to the Bay Farm Island Recreation Center and also the amount of land adjacent to No. 3 fairway of the Alameda Municipal Golf Course. There- fore, before any commitment to sell is made, the Recreation Commission and the Advisory Golf Commis- sion should be given the opportunity to review the circumstances and submit their reports. Further, it was stated in the report that the Club's letter implies the possibility of selling its property adjacent to the City Hall, and if such materializes, serious consideration should be given to its acquisition by the City. It was developed that the next step would be to ascertain if the Elks Lodge is interested in the amount of land available and if so, further negotiations could be entered into. Following considerable discussion of the potentialities involved, the Clerk was instructed to write to the Lodge informing it of the situation as outlined in the City Manager's report, with the request that it contact the City Manager. 11. Councilman Freeman mentioned that a survey had been made on her suggestion that Police Dogs be used in conjunction with the Patrolmen. She asked that the report be referred to the file on the sub- ject together with any other material which might become available for future consideration. 121 Councilman Freeman also referred to the adjourned regular Council meeting of August 30, 1960, the Budget session, during which some discussion was had with regard to the operation of the First Aid Station. She inquired if any further consideration had been given to some possible change in the services of this facility. Mr. Weller stated he had talked with Mr. George Collins, Alameda Hospital Administrator, shortly after the subject had been discussed and he had offered to have the Councilmen visit the hospital for a tour of inspection and to meet with the members of the Board of Directors to learn of the future plans for the hospital. Mr. Weller felt this would be an excellent idea in order that the Council might be fully informed concerning the facilities because, at present, the City does not know the exact program of the hospital and, therefore, an attempt now to discuss the situation in definite terms would be premature. Following some discussion of several phases of the First Aid service, it was agreed that the City Manager would endeavor to set up the suggested meeting for the date of Tuesday, November 22, 1960, and notify the Council if this is mutually satisfactory. NEW BUSINESS: 13 Councilman Petersen stated many people had inquired why the bus company did not have a "local fare" for those traveling within the City itself. He felt it would be beneficial to the community if the Council were to request such a rate. The President explained that a committee of the Chamber of Commerce is working on just such an idea, but on the basis of a "shopper's special ". President McCall then asked the pleasure of the Council with regard to having the City Manager convey to the Board of Directors of the Alameda- Contra Costa Transit District for its consideration the pro- posal of issuing a "Sunday pass" for twenty -five cents which would entitle a passenger to travel anywhere in the East Bay area on this one fare. It was determined that Mr. Weller would submit these two suggestions - the intra -city fare and the Sunday pass - to the Transit District Board, with copies of the communications being sent to the Chamber. It was so ordered. RESOLUTIONS: 14. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6141 Adopting Specifications, Special Provisions and Plans for Resurfacing of Fernside Boulevard between Pearl Street and Thompson Avenue, Calling for Bids and Directing City Clerk to Advertise Same." 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. 15. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6142 Adopting Specifications, Special Provisions and Plans for Remodeling in Room 310, City Hall, Calling for Bids and Directing City Clerk to Advertise Same." (Auditor's Office) 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. 16. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6143 A Resolution Ordering Refund or Credit of Over Payments - Bay Farm Island Assessment District No. 58 -1." 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. . The President declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 17. "Ordinance No. 1350, New Series An Ordinance of the City of Alameda Authorizing the Conveyance by Quitclaim Deed of Certain City -owned Public Utility Easements to the South Shore Land Co., a Nevada Corporation (Otis Drive and Willow Street)." Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 18.\/ "Ordinance No. 1351.. New Series An Ordinance of the Council of the City of Alameda Amending Sections 7 and 9 of Ordinance No. 642, New Series (Civil Service Ordinance) Relating to Re- employment of Personnel)." Councilman Schacht raised many questions with regard to the policy and procedure of the Civil Service Board pertaining to physical examinations being given within a certain period to any former employee who desires to be re- employed by the City. Messrs. Annibale and Weller explained the several phases of the situation during the course of a lengthy discussion of the subject. It was pointed out this ordinance merely clarifies certain regulations which have been carried out for many years by the Civil Service Board as a matter of policy. It was the consensus of the Council that the Clerk write a letter to the Civil Service Board informing it of the express intent of the Council that said Board adopt the rule to require a physical examina- tion in each case of an employee under consideration for re- employment. Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilman Schacht alsoeexpressed his objection to the principle of re- employment of personnel within the two -year period as presently stipulated. He felt it should be a lesser time limit and asked that the City Attorney prepare an ordinance to amend the Civil Service Ordinance in this respect, to provide for a one -year limitation for the rehiring of any former employee. It was so ordered. FILING: 19. Financial Statement - Bureau of Electricity, as at August 31, 1960 - Verified by Hackleman & Larzelere. 20. Specifications, Special Provisions and Plans No. PW 9 -60 -20 - Resurfacing of Fernside Boulevard between Pearl Street and Thompson Avenue. 21. Specifications, Special Provisions and Plans No. PW 10 -60 -21 - Remodeling in Room 310, City Hall (Auditor's Office). BILLS: 22. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $57,445.18, 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 October 4, 1960, 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. 23. At this time, President McCall announced that Mrs. Nellie E. Robertson, 2831 Marina Drive, will celebrate her ONE HUNDREDTH BIRTHDAY tomorrow, October 5, 1960, and proper recognition of her longev- ity is being given through congratulatory letters from President Eisenhower, Governor Brown and Mayor McCall, as well as articles in the newspapers. 24 The President also called attention to an article featuring the City of Alameda which will appear in next Sunday's Examiner. ADJOURNMENT: 25. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, October 18, 1960, at 7 :30 o'clock. Respectfully submitt -d erk