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1946-08-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING AUGUST 6, - - 1946 The meeting convened at 8:00 P. M. with Vice President Howe presiding. ROLL CALL: The roll was called and. Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4) were noted present. Absent: President Branscheid, (1). MINUTES: 1• The minutes of the adjourned regular ineeting held July 30, 1946, were approved as transcribed. MITTEN 0 011111INIC ATTONS : 2V From the War Department, Corps of Engineers, relative to the deepening of the tidal canal to twenty-five feet and also the operation of the Fruitvale Avenue Bridge. Following the reading of this communication, the Vice President called upon the City Manager for a report of his study of the situation. Mr. McMillan stated he had sat in on several conferences with regard to this matter and had indicated to the Council the answers, which in his opinion, should be given to the Questions set forth in the letter from the War Department. Councilman Jones moved the communication be referred to the City Manager for reply and that he be authorized to set forth the City's position in this matter in the manner indicated by the proposed answers to the several questions. The motion was seconded by Councilman Sweeney and carried. ORAL COMMUNICATIONS: v7 3. Mr. Frank Gottstein appeared before the Council to compliment it on keep the tax rate down, stating that, in his opinion, it was remarkable that the Council has been able to do this. HEARINGS: 4. In the matter of an appeal by I:rs. Effie Johnson from the recommendation of the City Planning Board that the Council deny her petition for the reclassification of property known as 891 Union Street from the !TAT, Single Family Dwelling District to the IT" Two-to-Four Family Dwelling District. Mrs. Albert Pomeranz appeared on behalf of the applicant and appellant and stated that while Mrs. Johnson had no desire to go into the matter of rezoning her Proper- ty, it appeared to be necessary to do so in order to accomplish her purpose. She stated that u,rs. Johnson has been operating a rest home on these premises for a number of years and is entirely dependent upon the income for her livelihood. She pointed out that Irs. Johnsonts intention at the present time is to abandon the operation of a rest home and take in five or six elderly ladies merely as roomers and boarders. Mrs. Pomeranz stated that Mrs. Johnson had a municipal license to conduct her business and should be permitted to go on with it. She Pointed out that the neighbors feel there would be no objections to her continuing if the property were not rezoned. Ers. Pomeranz stated that she believed Mrs. Johnson could make out with a minimum of four boarders and urged the Council to take such action as would enable her to proceed along this line. In response to a question propounded by Councilman Osborn, the City Attorney stated that at the present time, Lirs. Johnson could care for three or four boarders with- out rezoning, or making application of any sort to the Planninc Board. The question of the limitations of the !IT-3,, Two-to-Four Dwelling District was dis- cussed and the City Attorney pointed out that while there are apartments on the opposite side of the street from the premises involved, they are in the "B" District. The City Attorney further stated that while lirs. Johnson could take in three or four boarders, they could not be aged people, emphasizing that persons in this category come within another provision of the State Code. Following some further discussion of the general aspects of the situation between the Councilmen and Fro. Pomeranz, Councilman Osborn moved the adoption of the City Planning Board's recommendation that reclassification of the property in question be denied. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). OPENING OF BIDS: No bids were received for the furnishing of four new 1946 or 1947 four-door and/or two-door sedans, in.accordance with Specifications and Provisions therefor N . HS 7-46-9. Councilman Sweeney therefore moved the City I:anager be authorized to purchase the four sedans on the open market. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). iToes : 'Cone. Absent: President 7;ranscheid, (1). 6 Bids were presented and read for the purchase from the City of certain rail- road ties, as follows: From Eaton and Smith - - - - - - Accompanied by certified check in amount of 268.10 68.10 88.97 88.97 5 822.00 5 22.00 18.45 18.45 From Stanley R. Bishop - - - - _ _ Accompanied by cashiers check in amount of From A. D. Schader Accompanied by certified check in amount of m Frank S. McAllister - - - - Accompanied by American Trust Company Money Order Following the opening of these bids, Councilman Tones moved that the material appear- ing in the proposal as Item No. 1 be withdrawn and that all bids received thereon be rejected by reason. of the fact that through some misunderstanding concerning _e ownership 0; thi s property, the City is not in a position to offer it for sale and that the bids on items Nos. 2 and 3 be referred to the City Manager for study and recommendation. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Tones, Osborn, Sweeney and Vice President Howe, (4) . Noes: None. Absent: President Branscheid (1). REPORTS OF canTTTTEEs: 7. From the City Hanager, recommending the City Attorney be authorized to request of the Railroad Commission an extension of time for the construction of a grade crossing over the tracks of the Alameda Belt Line at Third Street and Atlantic Avenue. Councilman Osborn moved the recommendation of the City 1:anuger be approved and the City Attorney be authorized to make the request as soecified. The motion was seconded by Councilman Sweeney and carried. 8:"/ - Eorem the Acting Secretary of the City Planning Board, transmitting to the Council the approval by the Board of the Tentative Kan submitted by Roberts Enter- prises, Inc., concerning the proposed subdivision lying southeast of Liberty and Garfield Avenues, for Council action. Attorney Bert Fernhoff, representing Roberts Enterprises, Inc., appeared on behalf of his client and requested that the Tentative Ilao as approved by the City Engi- neer, be acted upon at this tine, pointing out that they are anxious to prepare the Final Tian and go ahead with the improvement in order that the tract may be built up. There was some question concerning the necessity for the Council to take action on this matter at this meeting in view of the language of the ordinance. Vice President Howe inquired if there was any opposition to the approval of the Tentative Map and Commander Allen of the United,States Navy, who owns property adjoining the proposed subdivision, addressed the Council and stated that in h opinion the map is incomplete. He stated that so far as the property shown on the map is concerned, there is no question as to the title of the applicants but that as to certain property ,lying outside of the proposed subdivision and which he feels the subdividers are contemplating using, the title is questionable. Also, he raised objection to the proposed location of the storm dradn as shown on the map, stating that this drain will empty onto property in which he has an interest and he felt that this line could be carried. down Garfield Avenue in a straight line. Mr. Fernhoff, in response to Comdr. Allen's objections, stated that his client had clear title to the property he proposed to subdivide; that there is no ques- tion of title before this Council and that Comdr. Alien's objections are nothing more than a claim that somebody might at some future time claim something beyond the limits of the proposed subdivision. City Attorney Whitney, in response to a question by Yr. Fernhoff, stated there is only one question before the Council and that is whether or not the map should be approved. In answer to a question by Comdr. Allen, Br. Fernhoff stated that the location of the storm drain has been approved by the City Engineer. Vice President Howe called upon the City Engineer for a statement regarding the Tentative Map and Mr. Froerer reported that the requirements as set forth in the ordinance are substantially complied with but that there are some conditions which have not been met and to which he desired to call the Council's attention. He pointed out that the requirement for the length of a blind street has been ex- ceeded on this map but stated that inasmuch as the subdivider contemplates ex- tending Liberty Avenue, this defect will be remedied. For the purpose of this extension, he stated it will be necessary to acquire a strip running westerly from the strip set up by the subdivider as a portion of the contemplated extension of Liberty Avenue to the present easterly terminus of Liberty Avenue and a strip thirty-nine feet in_width through the entire length. He stated that with the proper opening of Liberty Avenue, the map will meet the requirements and that therefore it would appear that some sort of arrangement should be made for the opening of Liberty Avenue along the route set forth on the map. Hr. Froerer pointed out that in order to provide the proper grade to avoid a seri- ous drainage condition in the easterly terminus of Garfield. Avenue, it was neces- sary for the subdivider to raise the grade at that point some two feet or more. He stated that in order to accomplish this, it will be necessary to reconstruct the improvements on Garfield Avenue, east of!Fernside Boulevard and also raise the garage on the Reed property approximately eighteen inches. He remarked that in order to secure a proper street to avoid hazardous drainage conditions, the subdivider_has provided on his map for such grades but that it would seem to be proper to arrive at an arrangement with the property owners involved, namely the City of Alameda, the subdivider and Louise Reed. He stated that aside from these matters, the Tentative Map does meet the recuire- ments of the ordinance of the City of Alameda. Mr. Fernhoff stated that before submission of the Final Map is made, the property will be secured for the opening of Liberty Avenue and that while no arrangement has been made as yet, there will be an agreement with the owners of the property on each side of the proposed street for the formatioa of an assessment district to have the work done under the 1911 Act. Mr. Fernhoff queried as to whether or not this work of opening Liberty Avenue could be done at the same time the other work is being done, pointing out that if proceedings are agreed upon the City should have no objection if the raising of the tract is opened up before the extension of Liberty Avenue can be completed. Froerer stated that his recommendation was that satisfactory arrangements be made for the ultimate completion of the street. With reference to the grade on Garfield Avenue, Mr. Fernhoff nointed out that this is an existing City Street and that the grade established in this subdivision and the grade originally established on Garfield Avenue were established by City Engi- neers. He stated that his client had nothing to do with the establishment of the grade of this street and that the City Engineer could not reasonably ask him to raise the grade of a City street. Mr. Froerer explained to Mr. Fernhoff that he had made no suggestion that the sub- divider raise the grade of the street but had merely stated that the grade condi- tion here will create a hazardous situation. The City Manager stated that while the City Engineer had made no suggestion that the subdivider change the grade of the street, he was of the opinion that the sub- divider should bear at least a portion of the expense involved in making this change and while Mr. Fernhoff was still of the opinion that the request would be unreasonaele, it was believed that this situation could be worked out in a confer- ence between the interested parties. Councilman Sweeney thereupon moved that the Tentative Map be approved, subject to compliance with the recommendations of the City Engineer as stated at this meeting. The motion was seconded by Councilman Jones and carried. 9:/' From the City Planning Board, recommending that the Council grant the petition of Alaska Packers Association for the rezoning of certain of its property fronting on Buena Vista Avenue, lying between Paru and Stanton Streets, being more specifi- cally described in the petition - from the "G" Light Industrial District to the "H" Heavy Industrial District. The matter was referred to "Ordinances for Introduction." ORDINANCES FOR INTRODUCTION: 10. Councilman Sweeney introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. , New Series An Ordinance Reclassifying Property by Adding Section 34 to Ordinance No. 725, Mew Series." NISH7D BUSIMISS. 11 . The matter of a continued report an the abatement of a nuisance on premises known as 2044 Alameda Avenue, was presented at this time. The City Manager recommended that this matter be dropped from the calendar ina much as the nuisance had been abated. Councilman Osborn moved the recommendation of the City Manager be accepted. The motion was seconded by Councilman Jones and carried. 12 In the matter of acquiring property to be used for a. parking space in con- junction with the Veterans Memorial Building. Councilman Sweeney moved the City Manager be requested to meet with the Veterans Committee on this matter and report back to the Council the results of the meeting. The motion was seconded by Councilman Osborn and carried. 13': / A petition of protest. against the continued use of Woodstock Playground for the purpose of flying model aeroplanes, signed by some twenty residents of the neighborhood, was read and the City Manager reported on this situation. Ne recalled the appearance of the model Enthusiasts group before the Council at the last meeting and its request for another more secluded place for the flying of their planes. Tie stated that there is probably sufficient ground at Godfrey Park for this type of use but that it will be necessary to erect a ten-foot fence to cut this field. off from the general playground. He stated that the Model Enthusiasts are expected to call on. him this week to go over the matter and there- fore suggested that it be held over until the next regular meeting of the Council. Vice President Howe accordingly laid the matter over for conside meeting of the Council. RT-0,SOLT7Iff,S: ion at the next 14. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 33 b Appropriating the Sum of Not to Exceed 5500. for an Engineer to Mahe a Study and Report on Proposed Second Bay Crossing, in Cooperation with Other East Bay Cities." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4) . Noes: None. Absent: President Branscheid, (1). Ther upon the Vice President declared said resolution duly adopted and passed. 15. The following resolution was introduced by Councilman Sweeney, who moved it adoption: olution No. 3367 Fixing the Monthly Salary of the position of "Recreation Aid" in the Recreation Department of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). Thereupon the Vice President declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3368 Authorizing the Execution of an Agreement with the State of California Covering the Expenditure of the 1/4 Cent PaS Tax Fund for the Fiscal Year 1946-1947. The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes:: Councilmen Jones, Osborn, Sweeney and. Vice President Howe, (4) . Noes: None. Absent: President Branscheid, (1). Thereupon the Vice President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE.: 17. nOrdinance No. 898, New Series An Ordinance Regulating the Erection, Construction, Enlargement, Alteration, Repair, Y.oving, Removal, Conversion, Demolition, Occupancy, Equipment, Use, Height, Area and Maintenance of all Buildings and/or Structures in the City of Alameda; Providing for the Issuance of Permits and Collection of Fees Therefor; Providing Penalties for the Violation Thereof and Repealing Ordinances No. 723 and No. 730, Both New Series, and all Other Ordinances and Parts of Ordi- nances in Conflict Therewith." Councilman Tones moved the ordinance be adopted as read. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and. Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). FILING: 18. Auditor's Balance Sheet - as at July 31, 1946. 19. Financial Statement - Goodell, Byers 6- Henry - Bureau of Electricity, as at June 30, 1946. 20. Memorandum of Agreement - Between City and State, re Expenditure of 1/4 Cent Gas Tax Fund. BILLS: 21. An itemized List of Claims against the City of Alameda and two of the departments thereof in the total amounts as follows, was presented to the Council at this meeting: General Departments, .82; Encinal Avenue Improvement Fund, 21313.63. Councilman Jones moved the claims as itemized in the List of Claims filed with the City Clerk on August 6, 1946, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Dranscheid, (1). 22`,( Prior to adjournment, Councilman Jones reported that on Monday evening, Councilman Sweeney and he visited the Police School being conducted in the City Hall, stating that he was very much impressed with the turn-out and the nature of the course being given. He thought it should be a matter of considerable gratification to everybody that this type of work is being done by the Police Department to the distinct advantage of the City. Councilman Sweeney remarked that he also believed the City Manager and Chief of Police are to be congratulated on the manner in which this work is being carried on. 23. The City Manager reported on the Award for safe driving, stating that Alameda has taken the East Bay Award for three consecutive times in the last six months and pointed out that the work along this line has resulted in a considerable saving on the tax rate. 24.1 Mr. McMillan also spoke of the work being done by the Accident Prevention and Investigation Committee, remarking that a fine piece of, work is being done and that through the efforts of this Committee the accident frequency rate has been considerably reduced. ADJOURNMENT: 25. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, August 20, 1946, at 8:00 P. T1.