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1960-05-17 Regular CC Minutes20 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MAY 17, 1960 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman. 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 May 3, 1960, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Cpl. Leonard B. Hollywood Post No. 939, Inc., Veterans of Foreign Wars of the United States, signed by Kenneth Bixby, Post Commander, requesting permission to sponsor the West Coast Shows, Inc., to be held on the Bethlehem Parking Lot for the period from June 29 through July 4, 1960. Councilman Schacht moved a permit be granted for this carnival, as requested, subject to the regulations of the several City departments concerned, and the matter be referred to the City Manager for consultation therewith. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 3. From Mrs. V. Smith, 2116 Encinal Avenue, concerning the proposed City budget for 1960 -1961. The letter was noted and referred to the budget file. It was also suggested a letter of explanation be written to Mrs. Smith, pointing up the fact that the County and the Alameda Unified School District are responsible for the increase in taxes, since the City has maintained the same tax rate for the past two years. The City Manager was instructed to write such a letter. liV From State of California, Department of Public Works, Division of Highways, signed by L. A. Weymouth, District Engineer, with regard to the submission of a budget for estimated expenditures of Gas Tax Funds on City streets for the ensuing fiscal year. The request was noted and action will be taken by the Engineering Department at the proper time. The communication was then ordered filed. 5 :( From Alameda Chamber of Commerce, dated May 16, 1960, signed by Gus Levy, Presi- dent, recommending the adoption of a program for long -range planning - outlining six steps toward improvement in areas of congested traffic, run -down and vacant business properties, neighborhoods of mixed land usage, shabby and obsolescent dwellings and outmoded public buildings. After some discussion of this matter and a possible date for a meeting with the Chamber on the subject, Mr. Weller remarked that he would expect to have some information on this general subject in connection with the City budget presentation at the next regu- lar meeting of the Council. He, therefore, suggested the proposed meeting be held over until after the budget is presented. It was agreed the Councilmen would thor- oughly review the program as set forth in the letter and plan to meet with the Chamber some time after the next Council meeting. ORAL COMMUNICATIONS: 6. Mr. Frank Gottstein, 731 Haight Avenue, spoke of the need to clean up certain areas where debris has accumulated and especially to prohibit old dilapidated cars from remaining on the streets. He also referred to the southwest corner of Lincoln Avenue and Oak Street, where parts are left lying on the sidewalk area, and urged that action be taken to remedy this condition. He pointed out the corrugated build- ings at the Bureau Substation on Webster Street are still in need of paint. Mr. Hanna explained the Bureau has called for bids on the painting of these particular buildings and is now on the verge of proceeding with the project. HEARINGS: 7. The matter was called up concerning the appeal from the decision of the Planning Board to waive the off- street parking requirements for the office building proposed to be erected at 2325 Santa Clara Avenue by Mr. Richard Kendall. The appeal was filed by Messrs. Adolf Feldhammer, W. G. Werner, Harry H. Wetherald and Leon A. Konigshofer, on behalf of themselves, et al. The Clerk stated there was on file a copy of the minutes of the Planning Board meeting of April 25, 1960, at which this application was considered and also, the file con- taining other pertinent material. 2 Mr. Randal F. Dickey, Attorney, appeared to represent the appellants. He stated his clients have no particular objection to the waiver of the parking requirements, but they do object to the approach being taken. He said they believe if such a variance is to be granted for this lot, it should also include the entire block bounded by Park and Oak Streets and Santa Clara and Lincoln Avenues - and, for that matter, all of the Park Street area. He pointed out all of these merchants would be faced with the same situation, insofar as furnishing off - street parking is concerned, in the event their buildings were destroyed by fire and would have to be rebuilt. Mr. Annibale commented that the Planning Board intends to fully study this problem in the entire, Park Street area, and its recommendations will be submitted to the Council in due course concerning proposed amendments to the parking regulations in order to bring it into conformity. Mr. Dickey thereupon submitted the matter to the Council for whatever action it deemed advisable. Mr. Stanley D. Whitney, Attorney, then addressed the Council on behalf of Mr. Richard Kendall, owner of the property in question. Mr. Annibale requested that the record show that Mr. Whitney, by appearing here for Mr. Kendall, waives any requirement of formal notice insofar as this Hearing is con- cerned. Mr. Whitney concurred and so waived said requirement. Mr. Whitney stated the construction of the proposed office building by Mr. Kendall will greatly benefit the adjacent properties. He pointed out there is a public off - street parking lot nearby which would be available to the tenants of the new build- ing. He said he understands there are some proceedings pending for the possible abolishment of off- street parking requirements in the two central business districts, but his client cannot afford to wait until definite action is taken in this respect. Mrs. Myrle McClure, 122.3 Park Street, President of the Alameda Real Estate Board, spoke as a representative of said Board. She read a prepared statement in favor of Mr. Kendall's application, stressing the request that the rigid formula for off - street parking be relaxed. President McCall inquired if there were any others present who desired to be heard. There being no response, the President declared the Hearing closed. Councilman Collischonn thereupon moved the Council uphold the action of the Planning Board to waive the off- street parking requirements in this case and deny the appeal. The motion was seconded by Councilman Freeman. Speaking on the question, Councilman Petersen emphasized that this situation should not have had to happen - because some ten months ago it had been requested that certain amendments be made to the Zoning Ordinance to solve this and other problems which have developed. He felt some action should have been taken to amend the Zoning Ordinance to make it a workable, legal document which could be lived by in this community. During a lengthy discourse, it was developed that studies are being made and it was felt no particular hardship had been caused anyone by the present parking regulations. It was suggested that matters of this kind should be brought up from time to time under "Unfinished Business" so that too long a period would not elapse between the commencement of any given action and its completion. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Following some further discussion, Councilman Petersen said he would like to move that the City Attorney prepare an ordinance amending the Zoning Ordinance to remove the off - street parking requirements from the central business districts of Park and Webster Streets. He explained that the parking requirements should remain in the major shop- ping centers but would be removed from the central business districts, which would be the two streets named. He felt the whole area should be incorporated for the Planning Board to make a study and recommendation on. Mr. Annibale explained the procedure which would have to be followed to effect an amendment to the Zoning Ordinance. In response to a question by Councilman Collischonn, Mr. Schoenfeld replied that the Planning Board is currently studying this problem - together with many other items which have been mentioned at this meeting. He stated the Board is actively reviewing the several points raised by the Chamber of Commerce Zoning Committee. Councilman Petersen stated his motion would be to amend Sec. 11- 11_j65, "C -2" Business District, which would include Park and Webster Streets, as it appears on the Zoning Ordinance Map - to eradicate all off- street parking regulations for "C -2" Business Districts. The difficulties of attempting to exactly define, at this meeting, the areas in which parkin; requirements would be eliminated were developed. Therefore, the motion died for lack of a second. Upon request, Mr. Weller stated the Planning Board and the Chamber Zoning Committee have met on several occasions to discuss this subject. He said everyone believes, in 206 principle, it would be desirable not to modify the Zoning Ordinance "piecemeal" and the difficulty, therefore, is in trying to study and review all of the proposed modi- fications before any final recommendation is forthcoming from the Planning Board. However, if any of the City agencies felt it would be desirable to undertake those portions of the proposed changes which seem to fall logically into sections and do not have to wait for the overall review then, perhaps, they could be effected more quickly. It was suggested that inquiry be made of the Chamber Committee what phase of the Zon- ing Ordinance is the most critical for immediate study and recommendation. Mr. John Mitcheom, 2002 Alameda Avenue, addressed the Council at this time, stating he is a member of the Chamber Zoning Committee. He pointed out the Committee had sub- mitted its list of problems and proposed amendments some time ago and he urged that all agencies concerned hold a joint meeting very soon and resolve some of the items in order that the proper legislation can be initiated. It was ultimately determined that the Chamber Committee and the Planning Board should meet to give these issues full thought and review and submit a recommendation to the Council. There being no objections, the City Clerk was directed to write to each of these Bodies, stating the Council feels they should meet and draft what they believe is a master plan of their objectives - setting up a priority list of the items to be accomplished - then pursue their study diligently, and submit recommendations. It was so ordered. REPORTS OF OFFICERS, BOARDS, ETCETERA: 8/ From the Treasurer, in compliance with Resolution No. 6026, submitting a report on the collateral held in his office in the amount of 1,200,000. The report was noted and ordered filed. vi 9. From City Planning Board, signed by the Secretary, recommending the reclassifi- cation of properties known as 1717 and 1715 Jay Street, owned by Manuel E. and Rose M. Reis and Clentell and Leola Pitts, respectively - from the "C-3" (General Commercial) District to the "R-2" (Two-Family Residence) District. Councilman Schacht moved the date of Hearing on this matter be set for the Council meeting of June 21, 1960. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Councilmen Collischonn? Freeman, Schacht and President McCall, (4). Noes: None. Absent: (Temporarily) Councilman Petersen, (1). 10:7 From City Planning Board, signed by the Secretary, recommending denial of the Petition to reclassify certain properties at the southerly end of Beach Road from "R-1-H-30" (One-Family) District to "R-2-H-30" (Two-Family) District. The four par- cels are owned by Mr. and Mrs. Robert H. Hough, Mr. and Mrs. Leo P. Hoffman and Mr. and Mrs. Leo A. Hoffman, respectively. Councilman Schacht moved the date of Hearing on this matter be set for the Council meeting of June 21, 1960. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Councilmen Collischonn, Freeman, Schacht and President McCall, (4). Noes: None. Absent: (Temporarily) Councilman Petersen, (1). 11. From City Manager, reporting all work satisfactorily completed on the project of Installing Storm Drainage System on Eighth Street between Buena Vista Avenue and Lincoln Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Collischonn moved the recommendation be followed; that the work be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Councilmen Collischonn, Freeman, Schacht and President McCall, (h). Noes: None. Absent: (Temporarily) Councilman Petersen, (1). 12: From City Manager, recommending contract be awarded to E. L. Dunn & Son, low bidder, for the project of Planting Turf in a Portion of Krusi Park, at the total cost of 82,109.60. Councilman Schacht moved the recommendation be adopted; that contract be awarded to the specified firm for the project as designated at the price quoted, and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Council- man Freeman and carried by the following roll call vote. Ayes: Councilmen Collischonn, Freeman, Schacht and President McCall (4). Noes: None. Absent: (Tem- porarily) Councilman Petersen, (1). 13. From City Manager, reporting all work satisfactorily completed on the project of Installing a Storm Drainage System to serve Lincoln Avenue at Chapin Street and Grand Street - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Schacht 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 Council- man Freeman and carried by the following roll call vote. Ayes: Councilmen Collischonn, Freeman, Schacht and President McCall, (4). Noes: None. Absent: (Tem- porarily) Councilman Petersen, (1). 20e 1L From City Manager, recommending accertance of Public improvements in Tract No. 1289 - First Unit, Hester Subdivision, situated south of Otis Drive. Councilman Petersen moved the City Manager's recommendation be adopted; that said improvements in this Tract be accepted. The motion was seconded by Councilman Schacht and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15. From Public Utilities Board, signed by Mr. G. A. Baxter, Secretary, submitting the budget for the Department of Public Utilities for the fiscal year ending June 30, 1961, and pledging a dividend of 8670,935. to the City's General Fund. Councilman Schacht moved the budget for said Department be accerted; that it be referred to the budget file and appreciation be expressed to the Board for the divi- dend pledged. The motion was seconded by Councilman Freeman and unanimously carried. INTRODUCTION OF ORDINANCES: 16. 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 an Agreement Permitting the Removal of Shell Deposits from Certain Submerged Lands of the City of Alameda and Approving the Form and Terms Thereof." UNFINISHED BUSINESS: 17.\( The matter of the Youth Activities Committee was presented. Mr. Annibale explained that this Committee can be established in any manner the Council so desires, regardless of whether it is to be temporary or permanent. He pointed out, however, the Council should retain the power to name the number of members on the Committee, the tenure of office, the manner of arpointment and removal. Councilmen Schacht and Collischonn concurred that they did not believe this Committee should be established as a permanent body. The orinion was expressed that possibly some specific direction should be given as to what the Council expects it to accomplish allow a certain period in which it could file a report, have proper action taken by the Council and the Committee then be disbanded. Councilman Freeman felt it would not be fair to set a time limit on this Committee as a great deal of work is being done and she would like to see it serve as long as it can be useful. A very lengthy discussion ensued concerning the manner of appointment and removal of a member of the Committee and also the tenure of office of each member. It was agreed it could be established by "Resolution". Councilman Schacht then moved the City Attorney be directed to prepare a resolution set- ting forth the following provisions to establish a Youth Activities Committee in the City of Alameda: there shall be twenty members; each Councilman shall appoint four members; the tenure of office of each appointee shall be (1) the termination of the Committee itself by Council action or (2) the end of the term of the particular Council- man who appointed said member or (3) upon the member's removal by the Councilman who appointed him - further, the manner of appointment shall be that each Councilman shall delegate his four members of the Committee to represent him and if any of said members resigns or is removed, the Councilman making the original appointment will have the right to appoint a replacement - also, their "term" would be the expiration of the term of office of the Councilman appointing them or until June 1, 1962, whichever date is earlier. The motion was seconded by Councilman Collischonn. Speaking on the question, Councilman Petersen moved the motion be amended to the effect that the power of removal of an appointee be placed with the majority of the Council and not with just the Councilman making the original appointment. Councilman Freeman seconded this motion and the amendment carried by the following roll call vote. Ayes: Councilmen Collischonn, Freeman, Petersen and President McCall, (4). Noes: Councilman Schacht, (1). Absent: None. The question was then put on the original motion, as amended, and it carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. Councilman Collischonn referred to the City Attorney's memorandum of April 19, 1960, with regard to "Solicitors - Peddlers", and suggested the ordinance be amended to provide regulation of the "hours" during which time solicitations will be prohibited. A very lengthy discourse ensued concerning the several aspects of the situation, includ- ing the charitable, religious and political phases. Mr. Annibale pointed out there is at present no restriction whatsoever on the time for soliciting. It was ultimately determined that the hours during which solicitations will be prohibited will be as fol- lows: Adults, from 9:00 o'clock D.M. to 9:00 o'clock a.m. - Children, unaccompanied by their parents, from 6:00 o'clock p.m. to 9:00 o'clock a.m. "Children" were defined as minors under fourteen years of age. The City Attorney was instructed to prepare an ordinance in accordance with the decisions arrived at, copies of which would be submitted to the Councilmen for their perusal prior 208 to the next meeting. 19. Councilman Freeman commented on the suggestion that an "Open" Day be held at the Maritime Station so that the public might inspect the area. Mr. Weller reported he had been unofficially informed by G. S. A. that its office was under instructions to offer the property for sale by June 30, or to have the sale committed by that date. This relates primarily to the parcel to the north of approximately seven acres. After discussion on the willingness of the Government agencies to have such an event, in view of their liability, Councilman Freeman moved the City Manager notify the Chamber of Commerce that the Council is ready to take action and request that it coordinate with the Civilian Defense people to have an "Open House" on the Maritime School property and to set tentative dates. The motion was seconded by Councilman Schacht and unanimously carried. Councilman Petersen encouraged that, if the City is considering the purchase of this land, or any portion of it, the area be opened to the public for close examination. 20\.( Councilman Freeman ascertained from the City Attorney that the City has no con- trol over the use of pinball machines by minors. RESOLUTIONS: 21. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6069 Cancelling City Taxes on Property Acquired by the City of Alameda'for Municipal Purposes (Powell)." (Northwest Corner of Park Street and Powell - at Otis Drive) 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. 22. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6070 Requesting Cancellation of County Taxes on Property Acquired by the City of Alameda for Municipal Purposes (Powell Blvd. -- Powell)." 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. 23. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6071 Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1960-1961." 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. 2h. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 6072 Adopting Specifications for Furnishing to the City of Alameda for the Fiscal Year Ending June 30, 1961, Portland Cement Concrete Mix; Quarry Waste and Earth Fill at City Dump; Paving Mixtures; 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. 25. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 6073 Adopting Specifications, Special Provisions and Plans for the Installation of House Laterals for the Fiscal Year Ending June 30, 1961, 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 Petersen, who moved its adoption: "Resolution No. 607L Adopting Specifications and Provisions for Resurfacing and Repair of Asphalt and Bituminous Pavement for the Fiscal Year Ending June 30, 1961, 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. 27. The following resolution was introduced by Councilman Petersen, Who moved its adoption: "Resolution No. 6075 Adopting Specifications, Special Provisions and Plans for Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter for Fiscal Year Ending June 30, 1961, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Freeman and on roll c all carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No, 6076 Adopting Specifications for Furnishing to the City of Alameda for the Fiscal Year Ending June 30, 1961, Gasoline; Automobile and. Truck Tires and Tubes; Traffic Paint and Thinner; 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. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 29. "Ordinance No. 1332, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by AmerW Zoning Ordinance No. 1277, New Series." (1 Central Avenue) Councilman Schacht moved the ordinance be adopted as submitted. The motion was seconded by Councilman Petersen and on roll c all carried by the following vote. Ayes: Councilmen Collischonn, Petersen, Schacht and President McCall, (L). Noes: Council- man Freeman, (1). Absent: None. FILING: 30. Financial Statement - Bureau of Electricity, as of March 31, 1960 - Verified by Hackleman & Larzelere. 31. Specifications and Provisions No. MS 5-60-)4 - for Portland Cement Concrete Transit Mix for Fiscal Year 1960-1961. 32. Specifications and Provisions No. MS 5-60-5 - for Quarry Waste and Earth Fill at City Dump for Fiscal Year 1960-1961. 33. Specifications and Provisions No. MS 5-60-6 - for Medium Curing Plant-mixed Surfacing Paving Mixtures for Fiscal Year 1960-1961. 34. Specifications, Special Provisions and Plans No. PW 5-60-6 - for Installing House Laterals for Fiscal Year 1960-1961. 35. Specifications, Special Provisions and Plans No.PW 5-60-7-for Resurfacing and Repair of Asphalt and Bituminous Pavement for Fiscal Year 1960-1961. 36. Specifications, Special Provisions and Plans No. PW 5-60-8 - for Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter for Fiscal Year 1960-1961, 37. Specifications and Provisions No. MS 5-60-7 - for Furnishing Non-Premium and Premium Gasoline for Fiscal Year 1960-1961. 38. Specifications and Provisions No. MS 5-60-8 - for Furnishing Automobile and Truck Tires and Tubes for Fiscal Year 1960-1961. 39. Specifications and Provisions No. MS 5-60-9 - for Furnishing Traffic Paint and Thinner for Fiscal Year 1960-1961. LO. Agreement - Between City of Alameda and Ideal Cement Company - re Shell Dredging, 210 BILLS: 41. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $93,966.68, 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 17, 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: L.2. There being no further business to come before the meeting, the Council adjourned - to meet in regular session on Wednesday evening, June 8, 1960, at 7:30 o'clock. Respectfully submitted,