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1946-03-19 Regular CC MinutesREGULAR 1,1ETINQ OF THE c0uNcIL'O7 THE CITY Q17_a4=-4, HELD TUESDAY EVENING, MARCH 19, 1946 The meeting convened at 8:00 P. M. with President Branscheid presiding. ROLL CALL:, The roll was called and Councilmen Howe, Jones, Sweeney and President Branscheid, (4), were noted present. Absent: Councilman Osborn, (1). MINUTES: 1. The minutes of the regular meeting held March 5, 1946, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From the Board of Supervisors of the City and County of San Francisco, notifying the Council of a meeting to be held on March 21, 1946, at 2:00 P. M. in the City Hall, San Francisco, for consideration of the matter of an appro- priation of ?37,500. by San Francisco and. Alameda Counties for the study of the proposed new bridge across San Francisco Bay. This matter was referred to the City Manager for his report. 3. From Charles A. Levinson, 3237 Thompson Avenue, concerning transportation difficulties and suggesting the Council appropriate funds to employ a qualified firm of traffic consultants to make a survey of the service now rendered by the Key System and submit recommendations for the remedying of existing conditions. The communication was referred to the regular file on transportation. ORAL COMMUNICATIONS: 4: Mr. E. W. Paterson addressed the Council on behalf of the Alameda Citizens' Transportation Association and expressed its appreciation for the cooperation of the council, and particularly that of Mr. McMillan, in working with the Associa- tion ever since its organization. He stated that the transportation committee was fully aware of the work done by the Council in its efforts to improve the transportation situation in Alameda and of the difficulties it had encountered by reason of restrictions imposed by Governmental Agencies upon the acquisition of equipment and kindred matters. He pointed out, however, that these restric- tions had now been removed and that it was the feeling of the committee that it cannot count upon the Key System to voluntarily improve its service. Therefore, it must be compelled to do so. With this in view, Mr. Paterson stated the Association is of the opinion that the Council must be in possession of adequate information and factual evidence if it is to deal on even terms with the Key System, and that the proper course to pur- sue is for the City to engage a firm of transportation engineers to make a survey of the situation and make recommendations that will give Alameda adequate service. He suggested that if the Key System declines to follow the recommendations developed through this survey, the Council would be in position to go before the Railroad Commission and demand the type of service to which the City is entitled. mr. Paterson informed the Council that in order to give it some assurance that the people of the City want such a survey made, they had secured some two thou- sand signatures to petitions asking for it and he pointed out that this is very good evidence that the people want something done and that they will stand behind the Council in incurring the expense to do it. Mr. Paterson thereupon presented to the President the petitions requesting the survey and the President had the Clerk read them. Councilman Jones expressed the appreciation of the Council for the fine work that has been done by the transportation committee and the belief that the proposed survey would give the Council ammunition which would be useful in its future efforts before the Railroad Commission and in its contacts with the Key System, pointing out, however, that the City has appeared before the Railroad Commission on numerous occasions and has also met with the Key System officials with the hope that it would be able to remedy some of the conditions. He stated that while some progress has been made in that direction, there is still much to be done. Councilman Jones offered the opinion, however, that it would be impossible to de- cide upon the matter of a survey tonight for the reason that it will be necessary for the City Manager to find a suitable firm to give the City the type of report required and the Council would also have to know the approximate cost of this work in order that it might judge and act intelligently upon the recommendation he was going to make. He thereupon moved that the City Manager be instructed to make the necessary investigation to find a suitable firm of traffic engineers and get from it an estimate of the approximate cost of conducting a survey of the type sug- gested by the transportation committee. (He stated that after receiving this report the Council would then be in position to take action). The motion was seconded by Councilman Howe. Councilman Sweeney stated he would like to know how long it would take the City Manager to locate a firm of traffic engineers to make the survey. He said he wished to compliment the transportation committee on the work it has done, stating that he was heartily in accord with its ideas and wanted to have the survey made as quickly as possible. Mr. McMillan responded to Mr. Sweeney's question, stating there were not many engineers of this type but that he would make an effort to have a report for the Council at its next meeting. He stated he was not certain that he could do it within that time but assured the Council it would be ready within a month at the outside. At this point, Councilman Tones amended his motion to read as follows: That the City Manager be instructed to make the necessary investigation to find a suitable firm of traffic engineers and get from them an estimate of the approximate cost of conducting a survey of the type suggested by the transportation committee and that he also ascertain the earliest date at which the firm selected could make the survey. Councilman Howe accepted this amendment to the motion. Mr. Frank Gottstein addressed the Council on the question and following a general discussion by some other members of the transportation committee, the President put the motion which was carried by a unanimous vote. President Branscheid assured the transportation committee that the Council is going to give this matter its most serious consideration and that something will be done as quickly as it is possible to do it. HEARINGS: 5. In the matter of the appeal of Roscoe Saunders, from a decision of the City Planning Board denying his petition for the requested reclassification of property located at 337 Taylor Avenue, from the "A" One-Family Dwelling District to the "B" Two-to-Four Family Dwelling District. President Branscheid called up this matter, stating that a petition opposing the rezoning had been signed by the owners of eighteen parcels of property in the neighborhood. Mr. Saunders addressed the Council and presented a petition signed by a number of property owners in his neighborhood consenting to the proposed reclassification. He outlined the proceedings had before the Planning Board and quoted the motion denying his petition, indicating that it was a most arbitrary ruling in view of the fact that conditions in the City of Alameda have materially changed during the past five years, with a great growth of population, the construction of public works in his particular vicinity and a dire lack of housing throughout the City. He pointed out that the Zoning Ordinance specifically provides for the reclassifi- cation of property if conditions warrant it and that the change in classification requested by him would not in anyway jeopardize the public health, safety, comfort or convenience of the neighboring property owners or the public welfare. He stated that his sole purpose in asking for the rezoning was the provision of additional housing which is so badly needed. He pointed out that the building was already in the locality and that all he was asking was permission to remodel the interior. Mr. Daley addressed the Council, speaking for the persons whose names appeared on the petition protesting the rezoning. He stated that they now have an "A" One- Pamily Dwelling District; that there are a number of small children living on the block; that there is very little traffic in the streets; that all the houses, with but three exceptions, are small dwellings and that they want to keep it that way. The Clerk read into the record a letter from Mr. A. W. Agnew, 319 Taylor Avenue, protesting the rezoning and also read the petition presented by Mr. Saunders. Mr. Albert, 330 Taylor Avenue, addressed the Council, protesting the requested reclassification on the grounds that the people who bought their homes in that neighborhood did so with the understanding that it was a single family district and would remain that way and that the granting of Mr. Saunders petition would take away from them the rights which they had acquired when they purchased their homes. Mr. Saunders expressed the opinion that the setting up of the policy as indicated by the ruling of the Planning Board, creates restrictions in a district which in itself has set up no restrictions and that the acceptance of a twenty dollar filing fee in the face of such a policy amounts to the perpetration of a fraud upon the petitioner. He stated that in his opinion the zoning ordinance specifically pro- vides for the adjustment of the zoning plan as originally set up. Councilman Sweeney said that his attitude in the matter is that if this property is now classified as Class "A" and. Mr. Saunders wants it rezoned to Class "B", all the neighbors should get together and have the whole block rezoned. He stated that he could not see any reason for the rezoning of a single parcel in the district and that if this property is now zoned in Class "A", it should be kept that way. President Branscheid stated that the Council had gone into this matter very tho- roughly and had heard the arguments on both sides of the case. He then asked the Council if it wished to consider the matter further and lay it over for a future hearing. Councilman Tones expressed the opinion that action should be taken this evening by sustaining the action of the Planning Board in denying the petition for re- zoning. He said he felt that Mr. Saunders had presented his case very well and that it was most regrettable that his property happened to be in a zone that is impracticable for the type of dwelling he wishes to have. He pointed out that the City had gone to considerable expense in having the zoning ordinance and district map worked up and thereupon moved that the Council uphold the Planning Board's decision and deny the petition. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Howe, Tones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). President Branscheid stated that he had made a very thorough investigation in this matter; that he had gone into Mr. Saunders home and had the plans for the proposed conversion of the building explained to him. Be expressed the opinion that the plan Mr. Saunders had in mind was a very feasible one and that Mr. Saunders was entirely honest in what he was endeavoring to do, but that the Council felt that the property owners in the vicinity had certain rights which should be protected. OPENING OF BIDS: 6: A bid from The Gamewell Company was presented and read for the furnishing of fire alarm boxes and miscellaneous equipment in connection therewith, in accordance with Specifications and Provisions therefor, No. MS 3-46-2, in the total amount of $15,863.45. A bond in the amount of $1,600. accompanied the bid. This matter was referred to the City Manager and City Engineer for study and recommendation. REPORTS OF COMMITTEES: 7. From the City Manager, recommending acceptance of the bid of Taper Tube Pole Co. for the furnishing of 105 single pendant and 12 double pendant type street lighting standards to the City at its bid price of $16,272.32. Councilman Howe moved the recommendation of the City Manager be approved and that contract for the furnishing of the above specified equipment be awarded to Taper Tube pole Co. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Howe, Tones, Sweeney and Presi- dent Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). RESOLUTIONS: 8. The following resolution was introduced by Councilman Tones, who moved its adoption: "Resolution No. 3282 Creating the Position of Billing Machine Operator- Stenographer in the Treasurer and Tax Collector Department of the City of Alameda, Prescribing the Duties and Fixing the Salary Thereof." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Howe, Tones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). There- upon the President declared said resolution duly adopted and passed. 9. The following resolution was seconded by Councilman Sweeney, who moved its adoption: "Resolution No. 3283 Transferring $50,000. from the Cash Basis Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Howe and on roll call carried by the following vote. Ayes: Councilmen Home, Tones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). Thereupon the President declared said resolution duly adopted and passed. 10. The following resolution was introduced by Councilman Howe, who moved its adoption: "Resolution No. 3284 Transferring $4,000. from Gas Tax #1 Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Howe, Tones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). Thereupon the President declared said resolution duly adopted and passed. 11. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3285 Transferring $12,000. from Gas Tax #2 Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Home and on roll call carried by the following vote. Ayes: Councilmen Howe, Jones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). Thereupon the President declared said resolution duly adopted and passed. 12. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3286 In Appreciation of the Service of the Honorable Randal F. Dickey." The motion to adopt said resolution was seconded by Councilman Howe and on roll call carried by the following vote. Ayes: Councilmen Howe, Tones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). Thereupon the President declared said resolution duly adopted and passed. 13. The following resolution was introduced by Councilman Howe, who moved its adoption: "Resolution No. 3287 Accepting Conveyance from Hugh C. Gallagher of Certain Real Property and Consenting to the Recordation Thereof." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Howe, Tones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). Thereupon the President declared said resolution duly adopted and passed. 14. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 3288 Adopting Specifications, Special Provisions and Plans for the Reconstruction of Encinal Avenue and Improve- ment of Other Streets, Calling for Bids, and Directing the City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Howe and on roll call carried by the following vote. Ayes: Councilmen Howe, Jones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). Thereupon the President declared said resolution duly adopted and passed. 15. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3289 Adopting Specifications and Plans for General Construction of Fire Drill Tower for City of Alameda Located at Bay Farm Island, Calling for Bids and Directing the City Clerk to Advertise the Same." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Howe, Jones, Sweeney and , „ , President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). Thereupon the President declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3290 Transferring $3,500. from Budget Account 70-b to Budget Account 62." The motion to adopt said resolution was seconded by Councilman Howe and on roll call carried by the following vote. Ayes: Councilmen Howe, Tones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). Thereupon the President declared said resolution duly adopted and passed. FILING: 17. Financial Statement - Goodell, Byers & Henry - City of Alameda, as at February 28 1946. 18. Specifications - No. PW 3-46-2 - Reconstruction of Encinal Avenue and Improvement of Other Streets. 19. Specifications - No. PW 3-46-3 - General Construction of Fire Drill Tower - Bay Farm Island. BILLS: 20. An itemized List of Claims against the City of Alameda and the several departments thereof in the total amounts as follows, was presented to the Council at this meeting: General Departments, $7, 187.84; Police Depart- ment, $1,718.06; Civil Service Department, $24.26; Pound Department, $41.03; Fire Department, $1,370.92; Health Department, $561.65; Street Department, $8,204.72; Recreation Department, $208.15; Park Department, $634.95; Golf Course Department, $465.43; Store Department, 379.13; Social Service Department, $114.27; Street Improvement Fund, 13.65; East Bay Municipal Utility District Fund, $2,453.58. Councilman Howe moved the bills as itemized in the List of Claims filed with the City Clerk on March 19, 1946, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Howe, Tones, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Osborn, (1). 21. At this point Mr. McMillan called the attention of the Council to the fact that it had the pleasure of having with it this evening five young men and women of the eighth grade at Haight School who are studying the Govern- ment and analysising the Charter of the City of Alameda in a desire to find out how the City is run. president Branscheid extended the greetings of the Council, stating that he was very glad to have the young people present and expressed the hope that they would make another visit soon. Councilman Sweeney stated he thought this plan of the study of City Government was a fine thing for the young people of the City and that he thoroughly ap- proved of the manner in which it was being carried on. ADTOURNMENT: 22. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, April 2, 1946, at 8:00 P. M.