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1960-03-15 Regular CC Minutes7 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MARCH 15 - - - - - - - - 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 was followed by an inspiring Invocation delivered by The Reverend Mr. Charles M. Lemmex, Pastor, Westside Baptist Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. At this point, President McCall introduced The Honorable George H. Byer, Mayor of the City of Anchorage, Alaska, who is in Alameda at this time to attend the Western Civil Defense Instructors' Training School. He was welcomed to the meeting. MINUTES: 1. The minutes of the regular meeting held March 1, 1960, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, requesting formal acceptance by the City of the first stage of the street developments in Unit III of the South Shore - specifically, the curb, pavement, sidewalk and street lighting system. Councilman Freeman referred to a "graveled berm" for a certain distance in this area which has not been completed according to the construction plans submitted. Mr. Hanna stated he would think the installation of the gravel would be associated with the beach shaping. Councilman Freeman felt it should be called to the Company's atten- tion that this phase of the plans had not been completed. Councilman Petersen moved the City accept the first stage of the street developments in Unit III which includes the curb, pavement, sidewalk and street lighting system. The motion was seconded by Councilman Freeman and on roll call carried by the follow- ing vote. Ayes: Five. Noes: None. Absent: None. 3, From State Department of Public Works, Division of Highways, signed by Mr. J. C. Womack, State Highway Engineer, concerning the location of a proposed "off - shore" freeway in the Alameda area. The City was assured its desires will be made a matter of record and will be given consideration in the route determination studies, through consultations with the local officials and technical staffs. It was also stated that public hearings will be held in the Alameda area at the proper time. The information was noted and the letter was ordered filed. 4. From State Department of Public Health, signed by Dr. Harold M. Erickson, Deputy Director, notifying the Council that Alameda County is still a rabies area under Sec- tion 1901.2 of the California Health and Safety Code. Since the City ordinance covering regulations for a rabies area satisfies all require- ments of the State, Councilman Collischonn moved the communication be referred to the City Manager for disposition. The motion was seconded by Councilman Schacht and unanimously carried. 5. From South Shore Land Co., signed by Mr. Travers, requesting acceptance of the South Shore Beach, from Park Street to Grand Street, as of June 26, 1959. Councilman Freeman requested that the acceptance be only to the "pierhead- bulkhead" line. Mr. Annibale explained this was immaterial since the City's acceptance, in any event, would be to that point only. However, he stated that if she wished to make this stipulation it would make no difference one way or the other. Councilman Freeman thereupon moved the City accept the South Shore Beach from Park Street to Grand Street, as of June 26, 1959, with the stipulation that anything that sloughs off beyond the pier head - bulkhead line is out of the City's control. The motion was seconded by Councilman Collischonn. Mr. Weller stated he wanted to clarify the question, just for the record, concerning the "gravel blanket" as contained in his memorandum to the Council dated March 11, 1960. This was with reference to the agreement with the Company which includes pro- vision for a gravel blanket along portions of the berm at an estimated cost of approxi- mately nine hundred dollars. However, studies of the sand problem have indicated that this method of sand control would not be nearly as effective as planting, parti- cularly in Unit II.. Therefore, because of the small amount of money involved and the conclusion that such a measure would serve no practical purpose, it was felt the con- tingent obligation should be waived. However, Mr. Weller suggested that if the Council would not want to waive this requirement entirely this evening, perhaps the beach could be accepted as of June 26, 1959, under the condition that, at the expiration of the three -year period, if it is then found, or found during the interim, that the gravel blanket would be desirable, the City could invoke that obligation. With the consent of Councilman Collischonn, Councilman Freeman amended her motion to include this condition. On roll call the motion as amended then carried by the fol- lowing vote. Ayes: Five. Noes: None. Absent: None. 6 v/ From Alameda Chamber of Commerce, signed by Mr. James C. Taylor, Chairman of the Zoning Committee, recommending the Council allow rug cleaning establishments to be conducted in the "C -3" (General Commercial) District without restricting the number of employees. The communication was referred to the matter covered by the Planning Board's letter, under "Reports ", on which a date for Public Hearing as to be set. REPORTS OF OFFICERS, BOARDS, ETCETERA: 7. From City Manager, recommending approval be granted for the County of Alameda to make certain interior improvements in the City -owned premises known as the First Aid Station - in conformity with paragraph 6 of the lease, dated June 25, 1957, between the City and the County. Councilman Collischonn moved the recommendation be accepted and approval be granted for the County to make said improvements as indicated. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 8. From City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending amendment of Ordinance No. 1277, New Series, to allow rug cleaning plants employing not more than five persons, excluding sales and administrative personnel, to be con- ducted in the "C -3" (General Commercial) District. The date for a Public Hearing on this matter was set for the next regular meeting of the Council, to be held April 5, 1960. 9;/ From B. E. Jost, presenting his formal resignation as Auditor, and ex- officio Assessor, of the City of Alameda, effective as of April 17, 1960. Mr. Jost expressed his gratefulness for his forty -two years of service with the City of Alameda. Councilman Schacht moved Mr. Jost's resignation be accepted with regret and that an appropriate resolution of commendation be prepared for the next meeting of the Coun- cil. The motion was seconded by Councilman Freeman and unanimously carried. Councilman Collischonn inquired if any plans are in process for honoring both Mr. Jost and Mr. Dallas, who have served the City for the long periods of forty -two and thirty -six years, respectively. He felt these gentlemen are definitely entitled to some civic recognition for such service. He suggested some suitable affair be arranged. President McCall stated that, if there were no objections, he would like to refer the matter to the Chamber of Commerce and ask that it arrange a civic luncheon at a place where everyone would have the opportunity to attend and honor these gentlemen. The City Manager was instructed to contact Mr. Nutzman, General Manager of the Cham- ber, with regard to this matter. Mr. Stanley D. Whitney, Attorney, offered to present this idea to the Chamber and to work on whatever affair is decided upon. 10:7 From City Manager, recommending contract be awarded to Morris Landy Motors, low bidder, for furnishing one Pickup Truck for the Park Department, at the total price of 81,783.95. Councilman Freeman moved the recommendation be adopted; that contract be awarded to the specified firm for furnishing this vehicle at the price quoted and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by.Coun- cilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 1l. From City Manager, recommending contract be awarded to McGuire and Hester, low bidder, for the project of Installing Storm Drainage System on Eighth Street, from Buena Vista Avenue to Lincoln Avenue, at the total cost of $14,443.90. Councilman Collischonn moved the recommendation be followed; that contract be awarded to the designated firm for the specified project at the price quoted and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12. From City Manager, requesting approval of prospective sale of approximately fifty tons of excess scrap metal to the highest bidder. Councilman Collischonn moved the request be granted and the City Manager be author- ized to dispose of the scrap metal. The motion was seconded by Councilman Freeman and unanimously carried. 13. From City Manager, with reference to negotiation of lease with Ideal Cement Com- pany for shell dredging operations. The question was raised about the effect this operation might have, if any, on the silting conditions already prevalent along the South Shore and in San Leandro Channel. Mr. Weller explained the situation, pointing out the area involved is generally south of Bay Farm Island and there should not be a great deal of silting insofar as the other locations are concerned. He also mentioned that this lease has been in effect for a long period of time and no dredging at all has been done. Following discussion of possible terms and conditions which would be advantageous to the City, it was agreed the City Manager be authorized to negotiate the renewal of said lease which would then be presented for Council ratification. UNFINISHED BUSINESS: 14. The matter was presented concerning the communications from Hackleman & Larzelere, Certified Public Accountants, dated February 23 and March 7, 1960, with regard to the employment of the Trust Department of one of the local banks to hold and service the Treasurer's investments. Upon request, the Clerk read the latter communication in full. It was emphasized this setup would assist the Treasurer in the performance of his duties and would curtail the tremendous personal financial responsibility and accountability for several million dollars in negotiable securities. It was also stated the City has a real obligation to protect the Treasurer and members of his staff by maintaining reasonable and ade- quate internal control over negotiable securities and that the cost of such safekeeping is less than the cost of additional insurance. It was the consensus of the Council that this would be an advisable procedure and Councilman Collischonn moved the proposal of Hackleman & Larzelere be referred to the City Manager for study and presentation with the 1960 -61 budget. The motion was seconded by Councilman Petersen and unanimously carried. 15. The matter was submitted with regard to "silting" along the South Shore and in San Leandro Channel, which had been presented by the Aeolian Yacht Club at the Council meeting of January 19, 1960. The subject had been held over at that time, pending receipt of certain reports on surveys which had been requested by South Shore Land Co. Councilman Freeman asked that any discussions on the subject be postponed until the regular meeting of April 19, 1960, because another meeting is scheduled for the latter part of this month and the Council will then have time to study the reports resulting therefrom prior to further consideration of the question. There being no objections, it was so ordered. RESOLUTIONS: 16. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 60L1.9 Approving Second Supplemental Memorandum of Agreement for Expenditure of Gas Tax Allocation for Major City Streets and Authorizing the Execution Thereof." 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. 17/ "Resolution No. Amending Salary Resolution No. 5965 by Creating One Additional Position of Senior Librarian in the Library Department." The need for another Reference Librarian was emphasized by Councilman Freeman. Mr. Weller explained the Civil Service regulations involved and considerable discussion was had concerning the library personnel and their duties. Councilman Collischonn then moved the adoption of said resolution. The motion was seconded by Councilman Freeman. Speaking on the question, further discussion ensued to the effect that more informa- tion should be had with regard to the library setup and the situation should be reviewed during the budget sessions for 1960 -61. The question was then put and the motion was lost by the following roll call vote. Ayes: Councilmen Collischonn and Freeman, (2). Noes: Councilmen Petersen, Schacht and President McCall, (3). Absent: None. Mr. Weller pointed out that neither the Library Board nor the City Librarian had been represented at this meeting and he suggested that, in conjunction with its action, the Council request whatever supplemental information itray feel it should have before any final action is taken. He said he felt sure the Librarian or Board representative could furnish answers to any questions, and in fairness, they should have the oppor- tunity to do so. 180 The opinion was expressed that budget sessions would begin within a short time and the matter could be given further study then. It.was developed that a full report on library employees should be submitted to the City Manager for presentation to the Councilmen for their information. The suggestion was also made that the courtesy be extended to the Library Board and the Librarian to make such a report well in advance of the budget sessions so any questions could be settled prior to consideration of actual budgetary details. There being no questions, the Clerk was instructed to convey these sentiments. 18. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6050 Amending Salary Resolution No. 5965 by Creating One New Position of Painter Foreman and Deleting One Position of Painter in the Street Department, and Establishing the Salary Therefor." The motion to adopt said resolution was seconded by Councilman Freeman and on roll calf, carried by the following vote. Ayes: Five. Noes: None. Absent: None. 19. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6051 IN MEMORIAM TO GEORGE L. KENNARD "WITH PROFOUND GRIEF, the Council of the City of Alameda records the death of one of its highly respected and civic - minded citizens, GEORGE L. KENNARD, a former member of the Social Service Board who had also presided as President of the Board during the fiscal year 1957 -1958. "WHEREAS, Mr. Kennard had served on this Board from July 1, 1954, until August 19, 1959, at which time he found it necessary to tender his resignation because of poor health; and "WHEREAS, Mr. Kennard had conscientiously assumed his responsibili- ties in connection with the humanitarian work of the Board and had faith- fully discharged the duties of his office. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of his generous contribution of time and effort on behalf of the Board's functions, the Council of the City of Alameda hereby expresses its sense of personal loss and its appreciation for Mr. Kennard's excellent service in the interests of the welfare of the citizens. "BE IT FURTHER RESOLVED, that this resolution be spread in full upon the minutes of this meeting, and a copy thereof be transmitted to the family of Mr. Kennard that it may extend to its members a sincere expression of sympathy and condolence in their bereavement; and "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of GEORGE L. KENNARD. 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. 20. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6052 Resolution of the City of Alameda Urging the Provision of Housing Units for Naval Air Station Personnel." 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: 21. "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." Mr. Annibale suggested that action on this ordinance be postponed until such time as the Council is in a position to accept the alternative which would be the result of adoption of this ordinance or the other alternative which would be available through consideration of the recommendation of the Planning Board which has been set for a Public Hearing at the next regular meeting of the Council on April 5. This matter involves the rezoning of a certain parcel of land for a rug cleaning establishment or the amendment of the Zoning Ordinance to allow said type of business to be conducted in the "C -3" (General Commercial) District, in which this property is presently located. Mr. Annibale further explained the procedure and it was agreed the ordinance would be laid over to the meeting of April 5. FILING: 22. Second Supplemental Memorandum of Agreement - Between the City and the State, of California - For Expenditure of Gas Tax Allocation for Major City Streets. 23. Financial Statement - Bureau of Electricity, as of January 31, 1960 - Verified by Hackleman & Larzelere. BILLS: 24. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $43,860.35, 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 March 15, 1960, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Petersen and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. 25.V Upon request of Councilman Freeman, the meeting was referred back to Unfinished Business, and she asked that Mr. Weller give a brief report on the recent meeting with the United States Corps of Engineers with regard to the "silting" situation. Mr. Weller stated the general position taken by the Yacht Club representatives and the City was that a substantial volume of silt had been deposited in San Leandro Bay, under Bay Farm Island Bridge and outboard from the Bridge. He said he thought there was at least tacit agreement on the part of all parties that this is true. The dis- agreement lay in the question of the amount of actual damage which has been sustained. Mr. Weller said there appeared to be some feeling on the part of the "Corps" that some action was indicated by Utah Construction Company - the extent of which was not shown - but he believes the Corps feels there has been some damage and the volume of silt presently there is such that some of it ought to be removed. He said he also thought there was some tacit concession on the part of "Utah" that it would have to be prepared to undertake some corrective action - but, again, there was no indication as to exactly what it would. be. Mr. Weller felt that, in order to bring the matter to a head, it probably would be necessary for the City to make a specific proposition as to what Utah should be required to do. If, in the judgment of the Corps, the pro- posal is reasonable and equitable, he said he would be inclined to think an "Order" would be issued, requiring Utah to take such action. Mr. Weller suggested the Council might consider what should be required in particular and, at the next meeting with the Corps, which is to be held within two or three weeks, the City would be in a posi- tion to state what it believes should be done. He felt the Corps would be willing to take this under advisement and give a decision fairly soon thereafter. Some discussion was had concerning other aspects of the condition and Councilman Freeman referred to Mr. Travers' uncooperative attitude toward the "Fill Agreement ". It was developed, however, that the provisions of the Fill Agreement would prevail. In response to President McCall's question concerning the channel, Mr. Hanna explained he had incidental cross sections but the City's case rested on a number of cross sections taken by engineers employed by Utah itself. He said they represented the best kind of evidence in which the Company's engineers showed on their plans the original bottom and the new bottom - and the difference in elevation was considerable. He remarked that many exhibits had been sent to the Corps for its study, and two let- ters had been written on the subject, signed by the City Manager. Mr. Hanna displayed a photograph for the Council's information which showed the amount of material which has accumulated in the area in question, and he pointed out that Utah takes the posi- tion this is of no consequence. Mr. Weller suggested some of the exhibits could be reproduced and when the next meeting with the Corps is definitely set, he would so notify the Council and send out all information. He felt it would be helpful if all members of the Council would plan to attend the meeting, if possible, because it is so important. He said he believes the City is going to have to take a fairly specific position and indicate quite exactly what it wants done before the Corps will act. Mr. Weller stated the extent of the remedial action should be established by the Council and, therefore, it would be advan- tageous for the Councilmen to actually sit in at the meeting. It was agreed the City Engineer would review the material which has been sent to the Corps and the data the City has and prepare what he conceives to be a reasonable and fair demand to be made. Mr. Hanna also stated the Corps has had every opportunity to keep abreast of this prob- lem beginning as far back as May, 1955, and he related the history of the situation. President McCall referred to the Notices of Public Hearing concerning any such dredg- ing and asked that the City Engineer check to ascertain that the City had received such notices in connection with the San Leandro Channel. There being no objections, it was ordered that Mr. Hanna would prepare the necessary material for presentation to the Corps at its next meeting on this subject. 26. At this point, President McCall introduced and welcomed the following members of the Junior Chamber of Commerce: Messrs. Don Bruzzone, President; Charles Holl, William Lotz, Robert Follrath and Dr. Albert S. Edgerton. 27. President McCall then introduced the subject of the proposed State development of the Washington Park Fill Area as a State Beach and Park. He stated a meeting had been held in Sacramento today with Mr. Charles DeTurk, Chief of the Division of Beaches and Parks, which had been arranged by Mr. Robert W. Crown, Assemblyman, Fourteenth District. Those in attendance on behalf of the City were Richard P. Schacht, Vice Mayor; H. D. Weller, City Manager; D. Grant Mainland, Recreation Director; Gus Levy and C. Phillip Nutzman, President and General Manager, respec- tively, of the Alameda Chamber of Commerce, and the Mayor himself. Upon request, Mr. Weller reviewed the history of the case and gave a detailed report on the situation. He pointed up that the original appropriation of $1,000,000. was made by the State Legislature in 1957, for a State Beach project. The intent at that time was to develop as a State Beach the area generally from the easterly terminus of the Washington Park Fill all the way through to the east end of the "Utah" project. This was the direction of the first discussions the City had with the State Division of Beaches and Parks. However, at a very early stage, approximately eighteen months ago, it was publicly declared by the "Divisions' that the development of simply the South Shore Beach area would cost about $4,500,000. to bring it up to accepted State standards. Therefore, it was obviously impracticable to develop the project as ori- ginally intended. Consideration was then given the possibility of combining certain areas to make a State Beach -Park facility which would encompass a portion of the United States Maritime Training School property and a substantial portion of the Washington Park Fill and the beach strip which runs between the "Fill" and Grand Street. This is the proposal which was again presented to the State Park Commission last year, on which adequate publicity was given. Mr. Weller stated that at the meeting in Sacramento today the City was given to under- stand very definitely the acquisition features of the project could be taken care of - that funds could be made available in this fiscal year for the State to acquire a portion of the "Maritime" property, the matching portion of the off -shore tidelands and the portion of Washington Park, with the assumed understanding, he thought, that the City would be willing to deed over to the State the beach strip from the Fill to Grand Street. Mr. Weller then referred to a large map and cited specific figures concerning the amount, and indicated the location, of the acreage involved of highlands and tide- lands of the Maritime property, and quoted the estimated cost of the respective areas. He said the funds necessary to purchase these parcels are already available in the Division allocation. It was indicated that the State's next question is how much money and where would it come from to acquire the Washington Park Fill property. This, in turn, raises two questions which will have to be answered by the City Council, (1) how many acres would the Council be prepared to sell to the State and (2) at what price per acre would it be willing to sell. He said the Mayor had indicated at the meeting that he would take this matter up with the City Council and attempt to reach some final deci- sion on both of these questions so the State can be advised as soon as possible. Mr. Weller said there seemed to be a strong presumption that once these two questions were answered, the project could move forward very rapidly. It was also stated that the representatives had pointed out the fact that the City wishes to retain approximately seven to ten acres south of Washington Park for its own purposes. The many ramifications of the several aspects of the entire situation were discussed at great length by the Council in an effort to determine the number of acres to be sold to the State at a fair price which would be acceptable and yet fully cover the City's cost investment and the underlying value of the land prior to the fill. Following considerable discussion of details entering into the price to be set per acre, it was agreed the City Manager would have to check more thoroughly on this question before a determination could be made and he would poll the Councilmen to ascertain if a certain figure would be satisfactory. At this point, Councilman Petersen expressed his opposition to selling the Washington Park Fill Area to the State and also raised the question of there being no roadway through it. He said he did not wish to commit himself until he had given more thought to it. Therefore, it was felt a roll call vote should be taken and after further discussion, Councilman Collischonn moved the City Manager be authorized to establish a price which would bring the City out of all costs per acre, including the estimated value per acre of the underlying tidelands prior to the fill - and the City is speaking of the disposition of fifty -two acres, less approximately seven acres reserved for the exten- sion of existing Washington Park, and acreage sufficient to provide an adequate street right -of -way along the easterly line of Washington Park Fill from Washington Park to Shoreline Drive, extended. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Councilmen Collischonn, Freeman, Schacht and President McCall, (4). Noes: Councilman Petersen, (1). Absent: None. ADJOURNMENT: 28. There being no further business to come before the meeting, all stood for a moment of silence in respect to the memory of Mr. George L. Kennard, and the Council then adjourned - to assemble in regular session on Tuesday evening, April 5, 1960, at 7:30 o'clock. Respectfully submitted, City Clerk