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1959-03-17 Regular CC Minutes31 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MARCH 17, 1959 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman and a most inspiring Invocation was then delivered by The Reverend Mr. Richard Millard, Rector, Christ Episcopal Church. 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 March 3, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Shoreline Planning Association of California Incorporated, signed by Mr. Roy N. Clayton, President, submitting its statement in the amount of 1250. for the City's membership dues for fiscal year 1959-60 - and informing the Council concern- ing the Association's activities. Councilman Freeman referred to her attendance at the recent meeting of the Associa- tion and stated there has been a complete reorganization of this Body and urged that the City continue its membership for one more year. She pointed out the City is in the process of getting the State beaches and parks established here and the Associa- tion has been fighting to keep the oil royalty funds available for such purposes. If inroads are made on these funds then later, when the City is ready to proceed with the development of its facilities, the money may have been cut out. Councilman Freeman said it is important to hold these funds for State beach and park development but time after time, other agencies have tried to have portions of these monies allocated for other purposes. She pointed out the Association has now been revital- ized with young men holding offices and she felt the organization can now go forward. Councilman Collischonn stated that, under the circumstances, he would move the Council continue the City's membership in this organization for one year. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None, 3V From Mr. Frank A. Gottstein, 731 Haight Avenue, enclosing a clipping from the Oakland Tribune of March 12, 1959, citing an experience had by the family of Mr. Sidney F. Leon of Oakland when they were caught in the mud off the South Shore beach and had to be extricated by a group of people who heard them c ailing for help. It was stated no signs are posted giving warning about this dangerous condition. Councilman Freeman inquired if this condition is not the responsibility of the Reclama- tion District or Utah Construction Company. Mr. Hanna stated it would seem to him "Utah" constructed a beach for the City, utilizing the normal methods available which the City knew of in advance. He stated he has heard of such "spots" along the South Shore and plans to personally investigate the situation. He agreed there are some places where one can break through and sink down into mud from three inches to two feet in depth. Councilman Freeman expressed her concern with this hazardous condition and stated that, if the City is responsible, steps should be taken to fill these soft spots and post notices - or, if the Reclamation District is responsible, it should take care of the matter. Mr. Hanna pointed out the area is City-owned property - the beach was con- structed for public use, which is one of the requirements of the Fill Agreement, and he felt the matter should be referred to the City Attorney. President McCall agreed all of the Council is concerned about this situation and he felt the entire area should be probed, the City Attorney should check the Fill Agree- ment and warning signs should be posted. Councilman Freeman stated that since the State Division of Beaches and Parks will be making tests of the area between Grand and Eighth Streets, to ascertain if it is acceptable, she suggested the area be brought up to the ultimate of development prior to such survey. Mr. Annibale suggested the City Engineer and himself issue a joint report to the Coun- cil on the particular matter brought up by Mr. Gottstein. It was so ordered. ORAL COMMUNICATIONS: 4. Mr. Frank Gottstein, 731 Haight Avenue, also addressed the Council concerning another accident in Posey Tube. He pointed out this is the third accident in about a month, all of which have been caused by speeding. He also cited a recent situation where a car full of teen-agers, traveling at high speed, had passed several cars in the Tube and had just barely returned to the proper lane before another car appeared from the opposite direction. He suggested an Alameda patrol car be assigned to go through the Tube during the late hours - turn left at Eighth Street, left at Webster Street, left at Seventh Street and back through the Tube in order to catch some of these speeders. He felt something must be done to eliminate the speeding in the Tube before it is too late. 5.V Mrs. Louise Greeley, 3012 Santa Clara Avenue, presented to the Council a petition signed by four hundred ninety -eight residents in the vicinity of Edison, Otis and Lincoln Schools who desire to go on record in support of the pool project of the Ala- meda Swimming Pool Association as proposed by Mr. Frank Weeden and endorsing the pool site in Lincoln Park as recommended to the Council by the Alameda Recreation Commission. The petition was then filed with the City Clerk. Mrs. Grace Fassiotto, 1317 Ninth Street, and Mr. Louis Vasseur, 3206 Liberty Avenue, requested permission to speak on the swimming pool matter at the proper time. 6Y At this point, President McCall presented a Certificate of Merit to Fire Chief William Hilbish in recognition of the excellent Fire Prevention Program conducted by the Alameda Fire Department. This Honorable Mention was awarded for the Department's outstanding activity in this respect - in competition with a large group, of cities with a population of fifty to ninety -nine thousand. He expressed the pride of the City in its Fire Chief and the men of his department, and congratulated Chief Hilbish on this honor. In accepting the Certificate, Chief Hilbish stated such an honor would not be possible if it were not for the full cooperation of all City officials, the citizens of Ala- meda and, particularly, the staff of his Fire Prevention Bureau, which has done a wonderful job. He expressed his appreciation for all of the help thus received. HEARINGS: 7. Continued from the last meeting was the matter of the "Shumaker" petition con- cerning his property on Willow Street. The Clerk read a letter from Dr. Paul R. Shumaker, explaining that the Record of Survey in connection with this property has not yet been approved by the County Agency and, therefore, he has been unable to effect the exchange of land with South Shore Land Co. Consequently, he is request- ing a further continuation of the Hearing on his petition. It was ascertained there were no objections to said continuance and Councilman Schacht stated that, in view of the activity which has been accomplished, he felt it is only fair to grant another continuation of the Hearing and he thereupon moved the Hearing be continued to the Council meeting of April 7, 1959. The motion was seconded by Councilman Freeman and unanimously carried. REPORTS OF OFFICERS, BOARDS, ETCETERA: 8. From City Planning Board, signed by Mr. Schoenfeld, Secretary, concerning its review of the proposed Lagoon Dock Standards, and recommending approval of said Standards, subject to a certain amendment as indicated on the drawing attached to the letter. Councilman Collischonn moved the recommendation of the Board be accepted and the specified Lagoon Dock Standards be approved as submitted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Mr. Annibale stated this is a policy directive to the Planning Department insofar as the issuance of Use Permits for boat landings and docks on the lagoons is concerned. 9. From City Manager, recommending contract be awarded to McGuire and Hester, low bidder, for the project of Constructing a Roadway in Tilden Way, at the total quoted price of A111,9L1.25. Councilman Schacht moved the recommendation be adopted; that contract be awarded to the designated firm for the specified project at the price quoted and the bid checks or bonds be returned to the unsuccessful bidders. The motion was seconded by Council- man Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 10. From Recreation Commission, signed by Mr. Terry LaCroix, Chairman, recommending the proposed pool project of the Alameda Swimming Pool Association be located in Lincoln Park and setting forth in detail its reasons therefor. The communication was noted and referred to the file on the subject. 11. From City Manager, submitting the results of a survey of traffic conditions on Grand and Willow Streets, generally between Encinal Avenue and Otis Drive - and recom- mending that "Stop" signs be installed at certain specified locations. The matter was referred to "Introduction of Ordinances". 12. From City Manager, recommending abandonment of the northerly one hundred eighty feet of Everett Street, as requested by National Iron Works, Inc., and the City Attorney be directed to prepare a Resolution of Intention to abandon said portion of this street, for consideration by the Council at its meeting of April 7, 1959. The City Engineer reviewed the history of this area and explained the negotiations being carried on relative to certain easements. Mr. Annibale pointed out the sole question the Council should consider in this procedure is whether or not this parti- cular portion of Everett Street is needed for present or prospective street purposes. Councilman Schacht moved the City Attorney be ordered to prepare a Resolution of Inten- tion to abandon said area which will set up a Public Hearing in the matter. The motion was seconded by Councilman Collischonn and on roll call carried by the follow- ing vote. Ayes: Five. Noes: None. Absent: None. 13. From City Manager, recommending authority be given, under Section 3 -15 of the Charter, to proceed immediately with dust control work on City filled lands without formal advertisement or contract. It was stated economies can thus be effected by combining the City's project with that of Utah Construction Company - utilizing the "Golden Bear" process at an estimated cost of approximately `54,250. Councilman Freeman questioned the necessity of the work. Mr. Weller stated it was understood last year when such work was first done that it would have to be done period- ically - in fact, it was suspected it might have to be done two or three times a year. During the course of the discussion, it was brought out that the original treatment of the area had proved quite satisfactory. Mr. Hanna also explained the different types of materials and methods used in this treatment for dust control. Councilman Collischonn felt the entire job should be done at one time and, therefore, moved the City Manager be authorized to have the dust control project done as indi- cated, due to the finding of the Council that said work can be performed more econo- mically by the City without contract. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 141. Weller verbally reported that notification has been received from the Depart- ment of Fish and Game that the Angling Access project at the north end of Grand Street was completed as of March 2. Eventually, the City will receive a request from the State to accept said facility for maintenance and operation. He felt that, in order to save time, the City ought to be thinking about how it will handle the contract for concession operations. This is an unusual situation in that the City does not know just what type of services and facilities ought to be provided and, therefore, it is difficult to draft definite specifications. He suggested authorization be given to advertise for expressions of interest, so to speak - and upon receipt of those, dis- cussions can be had with the people concerned to develop what services should be fur- nished. Mr. Weller said he thought some help could be obtained from the State Small Craft Harbors Commission and the Fish and Game Commission. From that, a formal agree- ment can be developed which can be presented to the Council for whatever action it deems appropriate. Mr. Annibale suggested the Council authorize the City Manager to utilize whatever means he feels suitable to ascertain the best method of leasing, renting or permitting con- cessions in the Angling Access area at the north end of Grand Street, and that he then report to the Council on his findings. There being no objections, it was so ordered. 15. Councilman Freeman commented on some filling which is being done at the south end of Versailles Avenue and said she had understood the City had accepted the lagoon sys- tem as previously indicated on a certain map. She questioned the City Engineer about this situation and Mr. Hanna explained the problem involved. After considerable discussion, Mr. Hanna pointed out the Council will have the opportunity to delve into this matter when the Record of Survey covering the property in question is filed - it will have to be submitted to the Planning Board first and, after its consideration by the Board, it will be presented to the Council. Councilman Freeman stated the Reclamation District is the agency which determines the boundaries of the lagoon system and how many acres of water there shall be - and she requested the builder be notified that he should first submit the matter to the Dis- trict for its sanction. Mr. Hanna agreed he would so inform the party concerned. INTRODUCTION OF ORDINANCES: 16. Councilman Petersen introduced the following ordinance, after which it was laid over under provision of law and. the Charter: "Ordinance No. New Series An Ordinance Amending Alameda Municipal Code by Adding Subdivisions (114) Through (117) to Section 17 -432 Thereof, and Amending Subdivisions (11) and (16) of Section 17 -431 Thereof, All Relating to Stop Intersections." (Grand Street at Otis Drive and Dayton Avenue - Broadway at San Jose Avenue and Otis Drive) UNFINISHED BUSINESS: 17. Councilman Schacht referred to the original plans to sponsor the Junior Traffic Patrol boys and girls on a trip to Santa Cruz in conjunction with those of Oakland and Berkeley. He said arrangements have now been made, however, to "treat" the chil- dren to a Saturday afternoon attendance at the West Coast Shows Carnival when it is being held in Alameda some time in April. It was felt this will be better for all concerned as less supervision will be necessary. 34 NEW BUSINESS: 18. The matter was presented concerning the canvass of Absentee Ballots and Votes Cast in the March 10 Election. The Clerk reported there were forty Absentee Ballots to tally, and the canvass thereof proceeded. The Clerk read the total vote cast on Election Day, plus the Absentee Vote canvassed at this meeting for each of the candidates and the measures submitted to the elector- ate - and the grand totals for all. The matter was then referred to "Resolutions ". RESOLUTIONS: 19. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5909 Transferring Various Amounts from and to Certain Funds on the Books and Records of the City of Alameda." 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. 20. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5910 Declaring Canvass of Returns and Result of General Municipal Election Held March 10, 1959." 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. 21. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5911 Dedicating Certain Real Property to Public Use for Public Use for Street and Highway Purposes (Shore Line Drive, Portion of Westline Drive and Walkway- - West from Park Street to Portola Avenue)." 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. 22. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5912 Adopting Specifications, Special Provisions and Plans for the Construction of a Driving Range at the Alameda Municipal Golf Course, Calling for Bids and Directing City Clerk to Advertise Same." 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. 23. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5913 Adopting Specifications, Special Provisions and Plans for the Complete Wrecking and /or Removal of Building at the Southeast Corner of Everett Street and Buena Vista Avenue, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 24.� The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. Resolution of the Council of the City of Alameda Relating to Obligations to be Assumed in Connection With the Project of Increasing the Estuary Channel Depth to Thirty -five Feet (Oakland Harbor - -San Francisco Bay to Park Street Bridge)." 35 The motion to adopt said resolution was seconded by Councilman Schacht. In response to Councilman Freeman's question about the assumption of obligations, Mr. Annibale explained it would be (1) Providing, without cost to the United States of America, the necessary easements and rights-of-way; (2) Giving to the United States of America a "hold harmless" agreement and (3) Accomplishing, without expense to the United States of America, required alterations in sewer, water supply, drainage and other utility facilities, as well as their maintenance. Mr. Annibale strongly recom- mended to the Council that it withhold action on this resolution until such time as the City has assurance from its insurance carrier that it will protect the City under the provisions of item 2 of the resolution. He felt the Council would also want to know what the possible cost to the City would be under the provisions of item 3. Upon the City Manager's suggestion, Mr. Sumner Graham of Encinal Terminals addressed the Council, agreeing that the City Attorney is merely acting prudently by ascertaining from the insurance carrier that it is aware of the liability it is going to accept in the event the City agrees to do what the United States Government wants it to do in this case. He emphasized that everyone along the Estuary is highly interested in hav- ing the channel deepened to thirty-five feet. He expressed hope that there will not be too many delays in this matter as considerable time and money has been spent on it by the United States Corps of Engineers. He said that action by the Council at its next meeting would be satisfactory. Therefore, with the consent of Councilman Schacht as the second, Councilman Collischonn withdrew his motion to adopt said resolution. It was determined the required information concerning this matter could be procured prior to the next Council meeting and the resolution will be given further consideration at that time. 25. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5914 Resolution of the Council of the City of Alameda in Commendation of Mrs. Geraldine T. Leydecker. "WHEREAS, Mrs. Geraldine T. Leydecker was employed by the City of Alameda on May 20, 1931, as a Recreation Leader in the Recreation Department; and "WHEREAS, through the conscientious and capable performance of her duties during the course of her twenty-eight years' service, Mrs. Leydecker advanced to the position of Supervisor of Recreation and also served temporarily as Acting Superintendent of Recreation; and "WHEREAS, her comprehension of the tenets of recreation, and her unceasing efforts toward establishment of worthwhile programs therefor, resulted in her active leadership in District III of the California Recreation Society and Chi Kappa Rho, which brought honor to the City of Alameda; and "WHEREAS, Mrs. Leydecker's work has engendered great esteem from all of her professional associates and she has endeared herself to all of her fellow City employees by her ever-gracious personality and spirit of friendly cooperation. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of her inestimable influence upon the children of the City through her sincere and personal concern with their welfare, her stimulation of good sportsmanship and interest in the City's playground program, and her efforts on behalf of the City in the field of recreation, the Council of the City of Alameda hereby expresses its grati- tude to Mrs. Leydecker for her loyal and efficient service during these many years. "BE IT FURTHER RESOLVED, that the Council of the City of Alameda extends to Mrs. Leydecker its felicitations upon her excellent record of achievement and the affectionate regard of her many friends and truly offers its best wishes for her future good health and happiness." 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. The President thereupon declared all of the foregoing resolutions duly adopted and passed, as indicated. President McCall spoke of the delightful reception held in honor of Mrs. Leydecker at the Lincoln Park Recreation Center on Sunday, March 15, at which several hundred guests paid their respects to "Gerry". President McCall also announced that Mr. Gene Saalwaechter, Superintendent of Recrea- tion and Director of Physical Education, has tendered his resignation from the City as he has been selected to be the Director of Recreation and Parks Department of the City of Berkeley, effective April 20, 1959. The President remarked about the out- standing job Mr. Saalwaechter has done for the City of Alameda during the past seven years and stated the City is very proud of him and knows the City of Berkeley will be, too. He recognized Mr. Saalwaechter's presence. 36 ORDINANCES FOR PASSAGE: 26. "Ordinance No. 1297, New Series An Ordinance Reclassifying and Rezoning Certain Real Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Central Avenue - "Grey" and "Schmidt" property) Councilman Schacht moved the ordinance be adopted as submitted. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 27 "Ordinance No. 1298, New Series An Ordinance Authorizing the Execution of a Lease by And Between the City of Alameda, as Lessor, and the Alameda Swimming Pool Association, as Lessee, of Certain City -owned Land (Portion of Lincoln Park)." Opposition to the leasing of this area for a swimming pool was expressed by Mr. Louis Vasseur, 3206 Liberty Avenue, who read a prepared statement referring to the petition of protest signed by twenty -two property owners on Liberty Avenue, which was submitted to the Council at its last meeting. The following also spoke in opposition: Mr. Jack Freitas, 3231 Central Avenue; Mr. and Mrs. Carl B. Ingeman, 3220 Liberty Avenue; Mr. E. J. Hanna, 1406 High Street. The principal fear of the opponents is the noise which would be created by use of the pool and the attraction of an undesirable group of teen -agers at night. It was also developed that Lincoln Park is not adequately patroled and many nuisances are committed - fences climbed, debris thrown about and obscene language used. Those who spoke in favor of the program were Mrs. Grace Fassiotto, 1317 Ninth Street, who urged that a pool be planned for the West End of the City also; Mrs. J. Benton Coffman, 2846 Santa Clara Avenue; Mr. Gene Saalwaechter, Superintendent of Recreation. Upon request, Mr. Frank Weeden reviewed the history of his "water- safe" program and his plans for the swimming pool in Lincoln Park. After a lengthy discussion on the ramifications of locating the pool in Lincoln Park, Mr. Annibale read certain provisions of the proposed Lease Agreement, pointing up the fact that the City, through the City Manager, would retain control of the use of the pool, under certain rules and regulations, and the construction thereof would be in accordance with specifications approved by the City Engineer. Councilman Collischonn said he felt the several complaints registered should be taken seriously by the Council and he suggested the City Manager check with the Chief of Police concerning more regular patroling of the park. Councilman Petersen said the work Mr. Weeden is doing with his program is an out- standing contribution to the community. However, he said the original bond issue was for the purchase of this land for public park use and now a portion of the park is being leased to a private group. Therefore, with the possibility that this might not be correct legal procedure, Councilman Petersen stated he could not cast a "Yes" vote on the ordinance. Councilman Schacht thereupon moved the ordinance be adopted as submitted. 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: Councilman Petersen, (1). Absent: None. FILING: 28. Auditor's Financial Statement - City of Alameda, as of February 28, 1959 - Verified by Hackleman & Larzelere. 2.9. Financial Statement - Bureau of Electricity, as of January 31, 1959 - Verified by Hackleman & Larzelere. 30. Specifications, Special Provisions and Plans No. PW 3 -59 -2 - Construction of a Driving Range at Alameda Municipal Golf Course. 31. Specifications, Special Provisions and Plans No. PW 3 -59 -3 Wrecking and /or Removal of Building at Everett Street and Buena Vista Avenue. BILLS: 32. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the amount of $43,642.78, was submitted to the Council at this meeting. The list was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Petersen moved the bills as itemized in the List of Claims filed with the City Clerk on March 17, 1959, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 33. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, April 7, 1959, at 7:30 o'clock. Respectfully submitted, C fty le rk