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1959-04-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, APRIL 7 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 was followed by an inspiring Invocation delivered by The Reverend Mr. Franklin Scott, Pastor, Santa Clara Avenue Methodist 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 17, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 2Y From Bay Area Air Pollution Control District, signed by Mr. Weldon L. Richards, Director, encouraging the Council to adopt an ordinance in support of the District's Regulation No. 1 - the ban against open burning. Councilman Schacht moved no action be taken at this time and the matter be referred to the City Manager for study and recommendation. The motion was seconded by Coun- cilman Petersen and on roll cal.] carried by the following vote. Ayes: Five. Noes: No e. Absent: None. 3. From Mr. James H. Tennant, 2028 Alameda Avenue, in protest against the use of the lagoons and private beaches for public bathing, especially the area immediately easterly of Park Street. It was suggested it might help if signs were posted in the area prohibiting public swimming. Councilman Collischonn moved the matter be referred to the City Engineer for further report. The motion was seconded by Councilman Schacht and unanimously carried. 4% From Mrs. Jamos Wiley, 1232 St. Charles Street, in protest against the public nuisance created by sand and dirt blowing off the Fill Area - and asking the City to take the necessary legal steps to correct this annoying condition. Upon Councilman Collischonn 's inquiry about the efficacy of the covering treatment being given the South Shore area, Mr. Hanna stated that 18.8 acres have been com- pleted and the Washington Park section is now being done. Utah Construction Company has completed the covering of its land, between Park Street and Washington Park. He said it is difficult to judge the effectiveness of the treatment as yet. He also stated he would ascertain the status of the problem east of Park Street and submit a report. It was requested that a letter of explanation be sent to Mrs. Wiley. From State Board of Equalization, signed by Mr. Dixwell L. Pierce, Secretary, requesting the Council to consider the modification of the Agreement with the Board concerning the accelerated transmittal of local sales tax collections. Upon request, Mr. Annibale explained this would merely make it possible for the Board to transmit the collections "periodically as promptly as feasible" instead of "monthly" which will better fit in with the City's financial needs. He said he is preparing a resolution for the next Council meeting which will authorize the modification of said Agreement to this effect. 6. The Clerk read a copy of a letter from the West Alameda Business Association, addressed to the Alameda City Planning Board, indicating its support of the Council's request that the "Chipman" property be rezoned to an "R-5", General Apartment District, classification. It was pointed out the matter is now being given consideration by the Planning Board and the communication was, therefore, referred to the file on the subject pending receipt of the Board's recommendation. ORAL COMMUNICATIONS: 4 7. Mr. Charles Marquet, 1133 Regent Street, submitted a petition, signed by one hundred twenty-six residents, requesting the Council to authorize badly-needed repairs on Regent Street, between Central Avenue and. Roosevelt Drive. The petition was filed with the City Clerk. TJlero being no objections, the matter was referred to the City Engineer. 8. Mrs. James Wiley, 1232 St. Charles Street, referred to her letter and inquired what legal provisions have been made to prevent the public nuisance of dust blowing from the Fill Area in the future. She asked what legal recourse the citizens have if the covering process does not prove effective. Mr. Annibale stated that, aside from the civil recourse of an action to sue for damages, there is also the action to abate a public nuisance. He explained there is a City ordinance which requires that the maintenance of any real or personal property shall be conducted in such manner that dust, sand or other foreign material shallnot be caused to be blown or spread onto the property or premises of any other person. This can be enforced by virtue of a private citizen filing a complaint. Mrs. Wiley reiterated that the situation is very serious - all in her neighborhood are unable to keep their homes clean and the painters have informed them a paint job cannot be guaranteed under the present atmospheric conditions. She urged that the City be very watchful and see to it that the ordinance is obeyed. Mrs. Wiley felt the people should not ever have to go through another experience such as occurred during the week of March 23 when there were high winds. 9:/ Mr. Frank Gottstein, 731 Haight Avenue, read a clipping from the Oakland Tribune, signed by Mrs. John J. Kennedy of Oak]and, referring to the hazards of the mud holes in the South Shore beach area and stating better warning signs should be posted. Mr. Gottstein contended there should be signs posted pointing up the danger of the mud holes - the present signs, "Swimming At Your Own Risk" are misleading. He felt the safety of children is at stake because these soft spots are always going to be a problem. Mr. Hanna was called upon and stated he had been investigating to ascertain just what the situation is in this respect, in order that a map might be drawn to show the actual conditions. He explained that inboard from a line drawn between points nine hundred feet out from Park Street and four hundred fifty feet out from Ninth Street, the sand is firm - and outboard from that line, one could sink into mud, snots from one to two and one-half feet deep. He said he expected to submit a map, already par- tially complete, which will indicate this line and the depth of mud found in a variety of places. It was developed that certain areas along the south shore of Alameda had always con- tained these mud holes. It was agreed that, for the protection of all concerned, signs should be posted along a line two hundred feet out from the beach proper and no one should go beyond that point. Upon Mr. Hanna's suggestion, it was determined that the posting of these signs would be held in abeyance until his survey has been finished, at which time he expects to make recommendations on the subject. It was so ordered. 10 4. Mr. Gottstein also referred to the dust-control treatment recently applied on the "Fill" and said he felt it would not be of lasting benefit because people walk or drive over the area, break through the cover, and then the sand can blow off again. Mr. Hanna explained the efforts being made to keep people from trespassing. Mrs. Wiley commented that the only really effective way to assure the retention of the sand and dirt is to plant some type of ground cover and trees in the Fill Area as soon as possible. HEARINGS: 11. 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 requesting a further continuance of the Hearing. It was ascertained there were no objections to the continuation of the Hearing and also, according to Mr. Hanna's statement, there had been some definite progress made lately in this matter. Therefore, Councilman Schacht moved the Hearing be continued to the next meeting of the Council on April 21. The motion was seconded by Council- man Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. REPORTS CF OFFICERS, BOARDS, ETCETERA: 12. From City Manager, recommending contract be awarded to Charles L. Campanella Wrecking Co., low bidder, for the project of Removing Buildings from the Southeast Corner of Everett Street and Buena Vista Avenue, at the quoted price of 8520. President McCall stated he would like to present an alternative - he had discussed with an interested party the possibility of this individual paying the City 8500. for the house in question and relocating it upon a certain niece of property. This party has made the request that, if possible, the Council not award the contract for the wrecking of the buildings involved but, rather, that another call be made as he would like to bid on the removal of the structures. Upon request, Mr. Clark explained that he had discussed with Mr. Hanna the project of constructing Tilden Way and because of certain delays in clearing the Standard Oil Company's property, there might be a period of about four weeks before the contractor is given notice to proceed. Therefore, the party interested in relocating the dwell- ing feels he could accomplish the necessary work within that period. Upon inquiry as to procedure, Mr. Annibale stated the Council may reject all bids and it may then proceed, under provisions of the Charter to determine that the public work and improvement in question can be performed more economically without contract, by a four-fifths vote, and empower the City Manager to so contract. In view of the time factor involved, he said he would strongly recommend that this be the procedure. 40 Mr. Weller stated that if the City Engineer feels the time schedule is such that the City can take advantage of this offer, he would have no objection, - but he would like to point out to the Council that the gentleman involved has already had the opportunity to make any kind of proposal. He said that if the Council action is to authorize negotiation in the open market, in this particular instance, it should be made clear this is not the usual policy of the City. He stated he would hate to feel the City would develop the reputation of formally advertising for bids and then, when all offers have been exposed, someone comes in afterwards and makes some other offer, as a result of which all the bids are thrown out. He felt the Council should recognize this possibility - it is the kind of reputation the City should not have. Mr. Weller emphasized this point ought to be considered and it should be made clear that this does not constitute ordinary City policy. Considerable discussion was had on the subject and Councilman Collischonn then moved that, under the circumstances, the Council deviate from the usual policy and reject all bids in this matter. The motion was seconded by Councilman Freeman. Speaking on the question, there was further discussion as to the time element involved in the clearing of this particular corner in connection with the starting of the Til- den Way project. Mr. Clark commented there is the possible necessity of procuring a variance from the Planning Board concerning the rear yard requirement of the lot to which the dwelling is to be moved, which presents the only possibility of a delay in the contemplated relocation. It was developed there had been several parties inter- ested in moving the house, but the real problem had been to find a lot adequate in size. It having been determined there would still be the proper amount of time in which to start the Tilden Way project, Mr. Annibale suggested that no action be taken by the Council at this time and the matter be referred to the City Manager for his recommenda- tion at the next Council meeting as to whether or not this particular bid should be accepted - or the bids be rejected and an opportunity given for negotiation in the open market. Councilmen Freeman and Collischonn thereupon withdrew the second and the motion, res- pectively. Councilman Petersen thereupon moved the matter be referred to the City Manager, as suggested. The motion was seconded by Councilman Freeman and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13. From City Manager, recommending contract be awarded to R. W. Johnston & Son, low bidder, for the project of Constructing a Driving Range at the Municipal Golf Course in the quoted amount of 4114,380.50. Councilman Schacht moved the recommendation be adopted; that contract be awarded to the specified firm for this project at the sum quoted and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Collischonn and on rollcall carried by the following vote. Ayes: Five, Noes: None. Absent: None. 4 14. From City Planning Board, signed by Mr. Schoenfeld, Secretary, requesting a thirty-day extension of time in the matter of the proposed rezoning of the "Chipman" property, in order to properly review and analyze the situation. Councilman Collischonn moved the Planning Board be p7ranted the requested extension of time for the purpose indicated. The motion was seconded by Councilman Schacht and unanimously carried. 15. From City Attorney, requesting authorization to dismiss actions in connection with proceedings to acquire certain land and easements for off-street parking from Dorothy T. Mayo, et al, Nos. 272565 and 272277. Councilman Schacht moved authorization be granted to dismiss said actions in the specified cases. The motion was seconded by Councilman Collischonn and unanimously carried. IL From Mr. John M. Bridge, 924 Broadway, tendering his resignation as a member of the City Planning Board, effective April 30, 1959. Councilman Schacht moved the resignation of Mr. Bridge be accepted with reluctance and that a letter of thanks be sent to him in appreciation of his sincere service to the City. The motion was seconded by Councilman Freeman. Councilman Petersen said he felt the City owes a great deal of thanks to these men who give so much of their time to the work of the City boards, and the efforts expended by them on behalf of the public interest. Councilman Collischonn suggested a resolution of commendation and appreciation be adopted henceforth in such cases where men have served on any board as faithfully and long as Mr. Bridge has on the Planning Board. It was agreed this policy was in order and that a resolution will be prepared for the agenda of the next Council meeting. The question was then put and the motion was unanimously carried. TJNFINISHED BUSINESS: 17. Councilman Petersen referred to a recent report from the Chief of Police with regard to the number of accidents which have occurred in Posey Tube during the past year. Said report also pointed up the fact the traffic officers in the Tube are directly under the jurisdiction of the Board of Supervisors of Alameda County and the Chief recommended that the City not use any of its officers to assist in policing Posey Tube. The report had been made pursuant to Mr. Gottstein's request for addi- tional police patroling of the Tube in an endeavor to eliminate speeding during the late hours. A lengthy discussion took place concerning the speed limits along this route. Mr. Annibale said he believes this is part of the State Highway and the State has the primary duty to set the speed limit - however, he thinks the City has the power to recommend and request that the maximum speed on any portion of the highway within the City's limits be reduced to a certain speed. Mr. Annibale felt this is the approach which the Council should study and follow through. It was developed that a report on this matter would be forthcoming. The question was also raised about trucks transporting inflammable materials through the Tube. Mr. Clark commented that it is permissible if the proper type of truck is used - one having compartments, automatic shut-off valves and other safety factors. It was requested that the City Manager send to the Councilmen copies of a report sub- mitted by Fire Chief Lane several years ago which covered this subject. It was so ordered. RESOLUTIONS: 18, The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5915 Authorizing Execution of a Lease by and Between the City of Alameda, Lessor, and United States of America, Lessee." (Northeast Corner Grand Street and Clement Avenue) 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. 19. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5916 Resolution of Intention to Order the Vacation of a Portion of Everett Street in the City of Alameda." (Northerly 180 Feet) (National Iron Works) 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 Schacht, who moved its adoption: "Resolution No. 5917 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)." 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. Mr. Annibale reported on the liability insurance protection available to the City and necessary only during actual dredging operations, in connection with this Estuary Project. 21. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5918 Adopting Specifications, Special Provisions and Plans for Painting and Decoration of Portions of the City Hall, 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 cerried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution, the first of four resolutions relative to the formation of Washington Street Assessment District No. 1959-1, between High and Peach Streets, was introduced by Councilman Schacht, who moved its adoption: LIZ "Resolution No. 5919 Resolution of Preliminary Determination That the Public Convenience and Necessity Require the Construction of Work and Improvements in an Assessment District to be Known as Assessment District No. 1959-1, Washington Street, City of Alameda, County of Alameda, California, Describing Said Proposed Work and Improvements and Setting Time and Place of Hearing Thereon." 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. 23". The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5920 Resolution Directing Preparation of Plans and Specifications and Directing City Engineer to Perform Duties in Connection with Proceedings." (Assessment District No. 1959-1 - Washington Street) 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. 2a. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5921 Resolution Adopting Plans and Specifications." (Assessment District No. 1959-1 - Washington Street) 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. 2'. The following resolution was introduced by Councilman Schacht, who moved its ado ion: "Resolution of Intention No. 5922 In the Matter of the Construction of Work and Improvements in Assessment District No. 1959-1, Washington Street, City of Alameda, County of Alameda, California." 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. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 26. "Ordinance No. 1299, New Series An Ordinance Amending the 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." Councilman Petersen moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 27. Lease - Between City and United States of America re Northeast Corner Grand Street and Clement Avenue. 28. Specifications No. PW 4-59-5 - Project of Painting and Decorating City Hall. 29. Specifications No. PW 4-59-4 - Improvements to be Made in Assessment District No. 1959-1 (Washington Street). 30. Cost Estimate on Improvements to be Made in Assessment District No. 1959-1 (Washington Street). BILLS: 31. An itemized List of Claims against the City o f Alameda, and the Departments thereof, in the amount of g91,925.86, was submitted to the Council at this meeting. The list was accompanied by certification from the City Manager that the Claims shown were correct. 43 Councilman Petersen moved the bills as itemized in the List of Claims filed with the City Clerk on April 7, 1959, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 1 32. President McCall announced the Dedication Ceremony of the "Krusi Cougar", a jet aeroplane now located in Krusi Park, would be held this next Saturday, April 11, at 1:30 o'clock. He complimented the Alameda Junior Chamber of Commerce and all others who cooperated in procuring and making available this fascinating piece of playground equipment. ADJOURNMENT: 33. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, April 21, 1959, at 7:30 o'clock. Respectfully submitted,