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1959-05-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MAY 5, 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. William H. Ludwig, Elder, Seventh Day Adventist 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 21, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 2 ' From Mr. Stanley D. Whitney, Attorney, on behalf of Island Bowl, Inc., 1711 Webster Street, requesting certain amendments to Sections 12 -331 and 12 -332 of the Alameda Municipal Code to the effect that the present 12 :00 o'clock midnight closing time for billiard or pool rooms be eliminated and also, that minors be allowed to use said rooms if "accompanied by a parent, guardian or adult relative ". There being no objections, the matter was referred to the City Manager for consulta- tion with the Chief of Police to ascertain what effect the proposed amendments would hava on his department's law enforcement duties. 34 From County of Alameda Veterans Affairs Commission, signed by Mr. John Groom, Treasurer, submitting the budget for the 1959 Veterans Day Observance to be held in Hayward on November 11 - and requesting the City to appropriate 3200. for its share of the cost of said event. Councilman Freeman moved the sum of X200. be allocated in the budget for 1959-60 for the City's share in this annual participation. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 4 From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, requesting approval of the Final Maps of Tracts Nos. 2051 and 2055. The matter was referred to "Resolutions ". ORAL COMMUNICATIONS: 5. Mr. Stanley D. Whitney, Attorney, referred to his communication. He pointed out the "age" of several provisions of the Municipal Code and stated that "pool or billiard" rooms as they were known many years ago - to a large extent - do not exist today. He cited the fact that such rooms are provided in lodge and Boys Club build- ings. He emphasized the present inconsistency in allowing a bowling alley and a tavern to remain open until 2:00 o'clock a.m. while a billiard or pool room must close at midnight. With regard to the minors, Mr. Whitney stated nowadays bowling is a popular family recreation and if a father wants to also shoot a game of pool with his minor son he cannot do so under the present ordinance. However, to obviate any objection to minors frequenting such pool rooms by themselves, the requested amendment to Sec. 12 -332 would be ' - -- it shall be unlawful for any such person under the age of eighteen years to visit any such place or loiter or be or remain therein 'unless accompanied by a parent, guardian or adult relative' ". Mr. Whitney submitted the matter for consideration. 6. Mr. Frank Gottstein, 731 Haight Avenue, inquired when the flow of salt water would be available for the lagoons, thus providing proper circulation and eliminating the stagnant water. Upon request, Mr. Hanna explained that the lagoon system is still being worked on - there are several problems and efforts are now being made to solve them. He offered to ascertain the definite plans and submit a report to the City Manager. With regard to the growth of weeds, he felt "Utah" would be required to clean these out. Mr. Hanna pointed out Utah is anxious to complete the project as soon as it can. 7" Mrs. James Wiley, 1232 St. Charles Street, stated she could see no appreciable improvement in the problem of the sand and dust blowing from the Fill Area since the application of the "Golden Bear" process. She inquired if anything further is going to be done to correct this serious problem. Mr. Hanna stated he had personally inspected the area while the cover - treatment was in progress and he believes the results are very satisfactory. He said the greatest source of sand and dust is those sections which were not treated - and also, he has discovered much of the sand is blowing from the beach proper. He remarked he is dis- cussing the problem with Utah's engineers and they are going to consult Dames & Moore, Soils Consultants, and perhaps Professor Johnson of the University of California, to ascertain remedial steps to be taken. Councilman Freeman felt the situation is going to have to be faced promptly and sug- gested some provision be made in the budget for some type of plantings to cover the ground to retain the sand. Following further discussion of the subject, Mr. Hanna said he would try to get the proposed meeting of the engineers set up as soon as possible. Mrs. Wiley asked to be informed when said meeting would be as she would like to sit in as a spectator. 8' Mr. John Mitcheom, 2002 Alameda Avenue, President of the West Alameda Business Association, referred to the proposed rezoning of the "Chipman Housing Project" prop- erty. He stated the businessmen of the West End have consistently strived to get more housing in this area and they are somewhat concerned about the possibility of another neighborhood shopping center being established in the land to be reclassified. They feel there are already ample shopping facilities to take care of any increase in popu- lation in this section of the City. It was developed that the classification of an "R -4 -PD" District would allow a commer- cial enterprise and an "R -5" District would prohibit the inclusion of such a shopping center. 9. Mrs. D. E. Barclay, 2513 Chester Street, presented and filed with the Clerk a petition, signed by nineteen property owners on Chester Street, requesting that said street be resurfaced. Mr. Hanna explained the Pacific Gas & Electric Company has just completed some of its work along this street and has restored it to very good condition. He pointed out, however, the East Bay Municipal Utility District probably will have some work to do here within the next two months and possibly, after its conclusion, the City w ill have to do some light -gauge surfacing on this street. 10.. Mr. John Seaborn, 1316 Lafayette Street, spoke of the unfortunate and deplorable incident which occurred last Friday evening when his young son was cruelly and severely beaten up adjacent to the Alameda Theatre. He said he had gone to the Police Depart- ment - and the culprits have been apprehended - but the Police had told him they have no laws to prevent these gangs from "loitering" - and apparently Bobo's parking lot is a trouble spot. It so happened there was no police patrol car in the vicinity at the time. Mr. Seaborn submitted his plea that the Council pass some effective law which would support the Police in their efforts and make the streets safe for the citizens of Alameda. President McCall stated each member of the City Council is very much interested in this situation and worried about this case. He felt sure the Police Department will check into the problem and the City Manager will give this matter serious consideration and submit some recommendation for the Council's action. The matter was discussed thoroughly. Mr. Weller stated the point is, however, that any curfew law, generally speaking, operates largely to the detriment of the law- abiding child. The particular boys involved in this incident, who were on parole, would have been out anyway. He emphasized this is a national problem, as everyone is well aware, and, as yet, no one knows the answer. Mr. Weller felt care has to be taken not to cur- tail the activities of honest, well- brought -up children who have a right to enjoy them- selves in an innocent way. He assured all that the matter is going to be pursued further and if there is some action which will give promise of desired results, he will recommend it. He cautioned that it is very easy to take some immediate action which simply penalizes the great majority of people just because a few do not have proper upbringing. This, he felt, is not the answer. Councilman Petersen urged the Council to attempt to establish some type of legislation against such violence and "put some teeth in the ordinance" so the Police Department could act, before the problem gets worse in Alameda. Councilman Collischonn concurred, stating the Council should take drastic steps, even if on a temporary basis, to nip this kind of thing in the bud. Councilman Freeman suggested the City Manager, the Police Chief and School Department representatives meet and endeavor to work out a solution. She agreed with Mr. Weller that the curfew alone is not the answer. Mr. Weller stated the crux of the whole problem lies with the parents who do not know where their children are or what they might be doing. This is not really a problem of "Government" - it is a problem of family relationship. The City Council can pass ordi- nances but they will not be very effective unless parents assume proper responsibility in the home. He felt that, until this is done, it is unfair to expect the Police Department of the City to undertake the complete rehabilitation of family life. Mr. James Marberry, 2840 Otis Drive, Varsity Football Coach at Encinal High School, expressed concern with the criminal aspects of this case and felt there is a lack in the educational system. Mr. Weller was directed to follow through on this matter. Mr. Seaborn reiterated his plea for some law with "teeth" in it so the City can be made safe for anyone on the streets. He commended "Tiny "Hansen, Juvenile Inspector, for the job he is doing. He stated the general public should be awakened to the facts of this problem. Councilman Schacht agreed this is a terrific problem .and stated he felt the Youth Authority should mete some real punishment to these offenders and the City should 52 establish a "get tough" policy. He suggested that possibly the auxiliary police and, if necessary, the Dads' Clubs could patrol the trouble spots. HEARINGS: f 11. The matter was called up concerning Assessment District No. 1959 -1, Washington Street Improvement. The Clerk stated there is on file in connection with the pro- posed "District" the following Affidavits: Publication twice of Resolution No. 5922; Mailing printed copies of Resolution No. 5922 to each property owner in the area; Posting -Notice of Improvement" quartercards in the area and Posting copies of Reso- lutions Nos. 5919 and 5922 on the Bulletin Board. The Clerk also read a petition, signed by nineteen of the affected property owners, in protest against the date of Hearing and requesting a thirty -day postponement thereof in order that said owners may further study the proposed work or improvements and the cost submitted by the City Engineer's office. Mr. Annibale stated he had conferred with the Special Legal Counsel handling this pro- cedure and it has been recommended the Hearing be continued to the first Council meet- ing in June - and he concurs therewith. Councilman Schacht thereupon moved said Hearing be continued to June 2, 1959. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 12. The matter was presented concerning the Council's Intention to Close a Portion of Everett Street, North of Blanding Avenue, as set forth in Resolution No. 5916. The Clerk stated there is on file the Affidavit of Publication of Resolution No. 5916 and also the Affidavit of Posting Notices in the area involved. The Clerk also read a letter of protest from Mr. David Garfinkle, 2515 Blanding Avenue, whose place of business - the Clamp -Swing Pricing Company - adjoins the property of National Iron Works, Inc., which Company had requested the closing of a portion of said street. It was stated the closing of the street as proposed would deprive Mr. Garfinkle of its use for ingress and egress to his factory for the loading or unloading of large trucks. Mr. Annibale suggested the Council would like to have the opportunity to hear the recommendations of the City Manager and the City Engineer with regard to the Garfinkle situation and the Council has the power to continue the Hearing until the next regular meeting. He recommended such be done. Councilman Schacht moved the Hearing be continued to the next meeting of the Council on May 19, 1959. The motion was seconded by Councilman Freeman and on roll call car- ried by the following vote. Ayes: Five. Noes: None. Absent: None. It was suggested that, during the interim, the National Iron Works, Inc., contact the Clamp -Swing Pricing Company and endeavor to negotiate some mutually satisfactory arrangements for access to Mr. Garfinkle's plant. The City Manager was instructed to inform "National" of the letter of protest. Mr. David Garfinkle, 1171 Park Avenue, added his personal explanation of his need for a turning space in the street immediately north of his business driveway. 4 13. Continued from the last meeting for consideration at this time was the matter of the Appeal, filed by Mr. John Mitcheom, from the decision of the City Planning Board to deny certain requested variances on his property at 2002 Alameda Avenue. The Clerk stated the file on this case is on hand, and copies of the minutes of the Planning Board meetings of March 30 and April 13, 1959, at which this application was heard, have been sent to the Councilmen for their information on the subject. Mr. Mitcheom addressed the Council and reviewed the actions of the Planning Board by quoting from the minutes of its meeting of March 30. He also displayed a drawing of his property and explained in detail the requested encroachments. Following his lengthy presentation, and the Council's study of the sketch, it was agreed the Hearing would be again continued in order that the Councilmen could make an inspection of the premises involved in order to be more accurately informed of the exact conditions existing. It was so ordered and the Hearing was continued to May 19. REPORTS OF OFFICERS, BOARDS, ETCETERA: A 14. From City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending the reclassification of those lots known as 616 and 620 Buena Vista Avenue, owned by Harvey and Ella Eshpeter - from the "R -4 -PD" (Neighborhood Apartment - Planned Develop- ment) District to the "C -3" (General Commercial) District. The Hearing on this matter was set for the next meeting of the Council, to be held May 19, 1959. 15. From City Planning Board, signed by the Secretary, reporting on its review of Council Resolution No. 5907, adopted March 3, 1959, proposing to rezone the area known as "Chipman Housing Project" from the "R-4-PD" District to the "R -5" (General Apartment) District. The Board recommended that no change be made in the zoning of the area - and the classification be maintained as an "R -4 -PD" District. This matter, too, was set for a Hearing to be held at the Council meeting of May 19, 1959. 16. From City Manager, reporting all work satisfactorily completed on the project of Installing a Sanitary Sewer in Central Avenue between Park Avenue and Park Street - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Freeman moved the recommendation be adopted; that the work on the speci- fied project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Schacht and unanimously carried. INTRODUCTION OF ORDINANCES: 17. Councilman Collischonn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. Series An Ordinance Amending Section 17 -333 of the Alameda Municipal Code by Adding Thereto Subdivision (25), Relating to All Time No Parking." (West side of Willow Street, between Clinton and San Jose Avenues) UNFINISHED BUSINESS: 18. From City Manager, concerning the existing temporary route of Motor Coach Line No. 64, and recommending authorization be given to notify Key System Transit Lines that the City is willing to have the route made permanent. Councilman Collischonn moved the requested authorization be granted and notification be given to Key System Transit Lines that the present route of Line No. 64, through the South Shore Shopping Center, is.to be established as a permanent route. The motion was seconded by Councilman Schacht and unanimously carried. 19. From City Manager, reporting on the proposed speed limit in Posey Tube, and recom- mending a formal request be sent to the City Council of Oakland toward the mutual establishment of said speed limit at 35 MPH. Councilman Petersen moved the recommendation be followed and said request be made of the City Council of Oakland. The motion was seconded by Councilman Schacht and unani- mously carried. NEW BUSINESS: 20. Councilman Petersen referred to a memorandum of this date from the City Manager concerning the Housing Authority and its proposed sale of a portion of Chipman Hous- ing Project, and asked Mr. Weller to enlighten the Council with regard to this matter. Mr. Weller stated he had talked with Mr. David Christy, Executive Director of the Housing Authority, and he believes the Authority is aware of the City's interest in the question of the right -of -way on Buena Vista Avenue within the Project. He sug- gested the Council confer with the Authority to determine just what the situation is insofar as the City's property is concerned. He felt the real problem is a legal one, and Mr. Annibale and Mr. John Hanson, Attorney for the Authority, ought to confer and determine the extent thereof. He said the question could be clarified from the legal point of view in ample time for the joint meeting between the Council and the Author- ity on May 12. Mr. Annibale stated he had discussed the situation with Mr. Hanson. He pointed out the Authority has the right to sell the land as is proposed - but it is a matter of cooperation between the City and the Authority - and in the conference with Mr. Christy, the conclusion had been reached that the Authority would not award the sale of the property until after the meeting with the Council. RESOLUTIONS: 21. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5930 Resolution of the Council of the City of Alameda Expressing Opposition to AB 1351 (Partisan Selection of City Elective Offices)." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Four. Noes: None. Not Voting: Council- man Schacht, (1). Absent: None. 22. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5931 Approving Final Map of Subdivision Known as Tract 2051, Resubdivision of Block 9, Tract 1866, South Shore Unit No. 1, Submitted by South Shore Land Co." 4 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. 23. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5932 Approving Final Map of Subdivision Known as Tract 2055, Resubdivision of Lot 2, Block 10, Tract 1866, South Shore Unit No. 1,- Submitted by South Shore Land Co." 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 Freeman, who moved its adoption: "Resolution No. 5933 Resolution of the Council of the City of Alameda, on Its Own Initiative, to Refer to the City Planning Board for Action the Matter of the Reclassification and Rezoning of Certain Real Property in the City of Alameda (Shumaker Property -South Shore) from an 'R -4 -PD' (Neighborhood Apartment - Planned Development) District To an 'AP' (Administrative - Professional) District." 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. 25. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5934 Resolution Authorizing Subordination of Rights of Reentry to Mortgage or Deed of Trust as Contained in That Certain Deed Dated July 27, 1955, City of Alameda, Grantor, Robert L. Wooldridge, Grantee." 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. Mr. Annibale explained the circumstances which necessitate this resolution and stated he has been satisfied by the City Engineer that all easements and improvements in connection with the property in question have been accomplished and it is in order to enter into said agreement. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 26. "Ordinance No. 1300, 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)." Councilman Schacht moved the ordinance be adopted as submitted. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 27. "Ordinance No. 1301, New Series An Ordinance Amending Section 17 -364.1 of the Alameda Municipal Code Relating to the Establishment and Removal of Parking Meters." (Park Street - from Central to Alameda Avenues) Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 28. Subordination of Right of Reentry by City of Alameda, Grantor, to Robert L. Wooldridge, Grantee. BILLS: 29. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the amount of $59,411.86, was submitted to the Council at this meeting. The list was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on May 5, 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. ADJOURNMENT: 30. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, May 19, 1959, at 7:30 o'clock. Respectfully submitted,