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1959-04-21 Regular CC Minutes44 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, APRIL 21, 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 a most inspir- ing Invocation delivered by The Reverend Father Bernard Ganger, Assistant Pastor, St. Barnabas Catholic 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 April 7, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 2 From East Bay Committee for Reduced Fares for Senior Citizens, inviting support of said project through publicity. There being no objections, the matter was referred to the Key System Transit Lines. 31. From Mr. J. B. Turner, submitting Application for Permit to Fill Property situ- ated at Maitland Drive and County Road, by truck dumping of approximately six hundred cubic yards of earth, in connection with which a bond is to be filed. Councilman Collischonn moved the Permit be granted to make said fill subject to approval of the bond. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 4` From State Department of Public Health, signed by Malcolm H. Merrill, M.D., Director, notifying the Council that Alameda County is still a rabies area and request- ing the local Health Officer to inform his office concerning certain provisions required under the California Health and Safety Code, i.e., dog licensing, vaccina- tion, dog pound and enforcement provisions. President McCall asked that the Health Officer be instructed to furnish the requested information. 5`( From Alameda Chamber of Commerce, signed by Mr. Jerry C. Jacobs, President, invit- ing the Council to visit the Chamber office during Chamber of Commerce Week, April 20 through April 26. President McCall thanked the Chamber for its invitation and expressed the hope that everyone would avail himself of the opportunity this week to become acquainted with the Chamber's functions. ORAL COMMUNICATIONS: 6. Mr. Frank Gottstein, 731 Haight Avenue, spoke concerning the proposed increase of the speed limit and its application to Posey Tube. He felt signs should be posted indicating a lower speed through the Tube. It was developed that a traffic survey is now in process to determine what the aver- age speed through the Tube is and, as a result of this, a recommendation will be forthcoming on what the speed limit ought to be. It was, therefore, suggested the matter be laid over to the next meeting of the Council for further consideration at that time. It was so ordered. 7. Mrs. Bert Johnsen, 2120 Alameda Avenue, said she was speaking on behalf of many of the people in attendance and also, the 1,678 people who had previously signed a petition for completion of the Swim Center - and asked the Council's favorable con- sideration of the recommendation made by the Recreation Commission that the Alameda Swim Center be completed. She urged that effective action should be taken as soon as possible and, in the interest of safety, it is essential that a pool be provided for the youngsters who are not tall enough to stand in either shallow end of the present swimming pool. She felt it is equally important that a diving pool be fur- nished for older children to give them the opportunity to learn and compete with other young people in the area in diving events. Mrs. Johnsen stated the Council's early and favorable action is earnestly requested. President McCall pointed out the subject is on the agenda in a communication from the Recreation Commission and it will be discussed later in the meeting. HEARINGS: 8. Continued from the last meeting was the matter of the "Shumaker" petition con- cerning his property on the east side of Willow Street. The Clerk read a letter from Dr. Shumaker concerning his negotiations for the exchange of this land for a parcel on the west side of Willow Street and, therefore, withdrawing his application with regard to the original piece of property. He thanked the Council for its cooperation and aid in the matter and suggested the Council initiate the rezoning of his new par- cel (west side) from the "R -4PD ", Neighborhood Apartment- Planned Development District to "AP ", Administrative- Professional District. Councilman Collischonn moved the withdrawal of Dr. Shumaker's application for the rezoning of the original parcel be granted. The motion was seconded by Councilman Petersen and unanimously carried. The Hearing in this matter and all business in connection therewith was thereupon declared dropped from the Council's agenda. Mr. Annibale explained that if the Council desires to initiate the proposed rezoning, he should be instructed to prepare a resolution to this effect for presentation at the next meeting. Following some discussion, and upon the suggestion of Mr. Weller, Coun- cilman Collischonn moved the City Attorney be instructed to prepare said resolution to start the procedure for rezoning the property involved. The motion was seconded by Councilman Schacht and unanimously carried. President McCall then declared a short recess, pending the hour of 8:00 o'clock for the swearing in of the re- elected Councilmen. REORGANIZATION OF THE COUNCIL: 9( At this time, in accordance with Sec. 2 -6 of the Charter of the City of Alameda, Councilmen Collischonn and Schacht each took his Oath of Office as a Councilman of the City of Alameda for the current four -year term. Immediately thereafter, President McCall stated that, pursuant to Sec. 3 -7 of the _Charter of the City of Alameda, nominations were in order for the selection of a Mayor and President of the Council. Councilman Schacht thereupon nominated Councilman William M. McCall to serve another term as Mayor of the City of Alameda and President of the Council. Councilman Collischonn moved the nominations be closed. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilman William M. McCall, the nominee, was selected as Mayor of the City of Alameda and President of the Council by the following roll call vote. Ayes: Five. Noes: None. Absent: None. President McCall then declared nominations in order for the office of Vice President of the Council. Councilman Collischonn nominated Councilman Schacht for this office. There being no further nominations, Councilman Collischonn moved the nominations be closed. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Not Voting: Councilman Schacht, (1). Absent: None. Councilman Richard P. Schacht, the nominee, was selected as Vice President of the Council on the following roll call vote. Ayes: Councilmen Collischonn, Freeman, Petersen and President McCall, (4). Noes: None. Not Voting: Councilman Schacht, (1). Absent: None. Mayor McCall and Vice President Schacht thereupon took their Oaths of Office for their respective positions. At this time, the newly installed officials introduced their lovely wives. Also, Councilman Schacht introduced his father and Councilman Collischonn introduced his very charming little mother. HEARINGS, Continued: 10.. From City Planning Board, submitting an appeal filed by John E. and Olga M. Mitcheom, 2002 Alameda Avenue, from the decision of the Board with regard to certain variances on their property. It was requested the Hearing in the case be continued to the next regular meeting of the Council to permit time to properly transmit records and data for review by the Council. There being no objections, the Hearing was continued to the meeting of May 5, 1959. REPORTS OF OFFICERS, BOARDS, ETCETERA: 11 From City Manager, with regard to the present route of Key System Motor Coach Line No. 64, which was established on a temporary basis - and recommending it be continued permanently, with the City Attorney being instructed to prepare an ordinance to form- alize the existing parking restrictions on Willow Street. Councilman Freeman said that for years this bus route was along San Jose Avenue for its entire length and many people who use this line to go to, and come from, work have noticed a hardship since the rerouting. She suggested Key System be requested to check to ascertain if the original route could not be resumed up to about 9:00 o'clock a.m. and also earlier in the evening - in order that the best service for all concerned may be provided. Mr. Gus Levy, 3100 Gibbons Drive, spoke on behalf of the merchants in the South Shore Center and stated there are a number of the employees at the Center who use the bus route extension into the Center - the stores open at 10:00 o'clock a.m. and close at 46 5 :30 o'clock p.m. ordinarily. However, it was also pointed out the stores are open until 9:00 o'clock p.m. two nights per, week and the bus service is needed then. He felt it would be acceptable to the merchants if the early morning service to the Center began about 9:30 o'clock. It was developed the change of schedules would not have to be approved by the State Public ,Utilities Commission. Following further discussion of the matter, it was agreed Mr. Weller would contact Mr. Sam Davis of Key System to determine certain schedules which would satisfactorily meet the needs of all involved and submit a recommendation to the Council before action is taken to establish any route or time schedule on a permanent basis. The matter was laid over to the next meeting of the Council. Mr. Annibale referred to the temporary parking restrictions on Willow Street and stated that, if it is the Council's desire to continue these, he should be directed to prepare an ordinance. There being no objections, the City Attorney was instructed to prepare said ordinance to formally establish no parking in certain blocks of Willow Street. 12. From Public Utilities Board, signed by Mr. Sherwood Jones, President, submitting copy of its Resolution No. 1854, adopted April 9, 1959, which authorizes an increased dividend to the General Fund for this fiscal year in the total amount of $595,000., instead of the sum of $469,455. as originally pledged. Councilman Collischonn said this increase in dividends results from an increased net earnings and he felt the Public Utilities Board and the staff should be commended for an excellent job of management. He suggested a resolution of commendation be pre- pared. Mr. Annibale stated such would be done and action thereon could be taken later this evening. 13. From City Manager, recommending contract be awarded to Manor Painters, low bid- der, on Items Nos. 2 through 8, for the project of Painting and Decoration of Certain Portions of City Hall, in the amount of 52,495. - and all bids be rejected on Item No. 1, as this part of the work can be done by City forces more economically. Councilman Schacht moved the recommendation be accepted; that contract be awarded to this firm for the items specified and the bid checks or bonds be returned to the unsuccessful bidders - also, with regard to Item No. 1, the Council finds said por- tion of the work can be done more economically by City forces. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 14. From City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending the approval of the Tentative Maps for Tracts Nos. 2051 and 2055, as amended, be approved - subject to the condition relative to Tract No. 2051 that the necessary poles for the primary electrical service would be installed at a minimum height above the grade consistent with public safety. These Tracts are resubdivisions, respectively, of Blocks 9 and 10, Tract No. 1866, South Shore. Upon inquiry, Mr. Hanna replied that everything concerning these Tracts is now in order. Councilman Freeman thereupon moved the Tentative Maps of said specified Tracts, as amended, be approved, subject to the condition noted for Tract No. 2051. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 1. From City Manager, concerning the removal of buildings from- the lot known as 1640 Everett Street, in connection with the offer from Mr. Karl P. Orth. It was stated that it appears the City will derive the greatest financial benefit in this instance by the rejection of all bids and an authorization to negotiate in the open market toward an agreement with Mr. Orth embodying the terms and conditions outlined. This matter had been presented and discussed at the Council meeting of April 7, 1959, in connection with a contemplated award of contract to wreck the buildings involved. Councilman Schacht moved all bids be rejected on the proposal to raze the structures and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Councilman Petersen then moved the City Manager be authorized to negotiate in the'open market for the relocation of the structures with the finding by the Council that the work can be performed more economically thereby. The motion was seconded by Council- man Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 16. From Recreation Commission, signed by Mr. Terry LaCroix, Chairman, submitting its recommendations, with regard to refreshment concessions on the South Shore - Washington Park Beaches as follows: (1) mobile units be allowed to operate this current calendar year, (2) no restrictions be made as to location this year, (3) a minimum of two units be established this year and (4) the City put the beach refreshment concession contract out to competitive bid. Mr. Annibale explained that the resolution listed on the agenda, authorizing a Modi- fication of Agreement with Mr. Alexander concerning the beach refreshment concession, 47 is not for a specific time - it is a Revocable Permit which can be terminated at the will of the City. The matter was then referred to "Resolutions ". J 17. From Recreation Commission, signed by the Chairman, urging the Council to adopt an ordinance establishing beach rules and regulations as recommended to the Council on December 2, 1958, to post signs indicating same and to have a study made immediately by the Engineering Department on public restroom needs on the beach, with such facili- ties being made available as soon as possible. It was felt the rules and regulations, as previously submitted, should be reviewed and, therefore, this particular matter should be laid over to the meeting of May 5. With regard to the restroom needs, an estimate of costs will be made and a report also presented at the next meeting. At this time, a lengthy discussion ensued in an attempt to determine a night for a joint meeting of the Council and the Recreation Commission to discuss these several items. It was developed that said meeting would be set for Tuesday, May 12, and the foregoing matters would have to be laid over to the Council meeting of May 19. Referring back to Item No. 4 of the Commission's first letter, it was decided this question would be discussed at the joint session to ascertain if mobile units on a permanent basis are desired. J 18. From Recreation Commission, signed by the Chairman, concerning completion of the Alameda Swim Center and requesting a joint meeting be set during May for further dis- cussion of the subject by the Council, the Board of Education and the Commission. It was pointed out a meeting with the Board of Education has already been scheduled for Tuesday evening, April 28, and it was suggested the matter of the Swim Center be included on the agenda for discussion at that time. Further discussion arose with regard to a change of night for meeting with the Board of Education and it was agreed a joint session would be held on Monday, May 4, subject to a poll of the members of the Board of Education. INTRODUCTION OF ORDINANCES: 19. Councilman Collischonn introduced the following ordinance, after which it was laid over under provision 'of law and the Charter: "Ordinance No. New Series An Ordinance Amending Ordinance No. 1257, N. S., (Adoption of Uniform Building Code, 1955 Edition) Relating to Interior Wet Standpipes (Amendment No. 1)." 20. Councilman Freeman introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Section 17 -364.1 of the Alameda Municipal Code Relating to the Establishment and Removal of Parking Meters." NEW BUSINESS: 1 21. Councilman Petersen referred to the recent wave of traffic accidents in which per- sonal injuries have occurred and stated Alameda Hospital does not have facilities to take care of emergency cases of a serious nature - and this presents a problem which merits consideration. He said Mr. Weller had given him a report and four possible avenues of approach on the subject, of which Councilman Petersen felt the following is the most logical - an exploration of the ultimate prospects for developing emer- gency facilities at Alameda Hospital. He requested that the Council ask the Hospital Board of Trustees for a meeting at which this matter could be discussed. Mr. Weller suggested that prior to such a meeting, it might be advisable to meet with Dr. Brady so the Council has an actual measure of the problem, as there are a number of considerations involved. It was agreeable that said meeting be arranged by the City Manager and he was also to send copies of his report to the other Councilmen. RESJ OLUTIONS: 22. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5923 Authorizing Amendment of Agreement with the State Board of Equalization for State Administration of Local Sales and Use Taxes, Relating to the Time of Transmittal of Such Taxes to the City." 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 Schacht, who moved its adoption: "Resolution No. 5924 Cancelling City Taxes on Property Acquired by State of California for Public Purposes (Approaches to Second Tube)." 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. 24. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5925 Amending Salary Resolution No. 5878 by Deleting the Position of Typist -Clerk (Part -Time) and Creating One Additional Position of Intermediate Typist - Clerk in the Purchasing Department." 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. 25. following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5926 Resolution of the Council of the City of Alameda in Appreciation and Commendation of John M. Bridge for His Service to the City of Alameda." 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. v 26. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5927 Amending Resolution No. 5814 (Salary Resolution for The Fiscal Year 1958 -1959) by Allowing City Manager, in Unusual Circumstances, to Deviate from Usual Salary Advancement Procedure." 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. 27. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5928 Authorizing Modification of Agreement to Provide for Concession Privileges on City -owned Beaches Southerly of Shoreline Drive (Revocable Permit)." 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. Mr. Weller suggested that at such time as the Council does choose to make an award of contract for a permanent concession, as a part of the award, the Council authorize and direct him to revoke this permit. 28. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5929 Resolution of the Council of the City of Alameda Commending the Public Utilities Board and the Staff Thereof." 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. President McCall thereupon declared all of the foregoing resolutions duly adopted and passed. 49 FILING: 29. Amendment of Agreement - Between State of California and City - for State Administration of Local Sales and Use Taxes. 30. Auditor's Financial Statement - City of Alameda, as of March 31, 1959 - Verified by Hackleman & Larzelere. 31. Financial Statement - Bureau of Electricity, as of February 28, 1959 - Verified by Hackleman & Larzelere. 32. Modification of Agreement - Between City and Pete Alexander - re Concession Privileges. BILLS: 33. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the amount of $29,909.46, 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 Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on April 21, 1959, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 34. President McCall noted the presence of a number of the Alameda Junior Chamber of Commerce members and their wives and thanked them for their attendance. ADJOURNMENT: 35. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, May 5, 1959, at 7 :30 o'clock. Respectfully submitted,