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1959-09-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, SEPTEMBER 15, ------ 199 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. Robert A. Peters, Minister of the First Assembly of God. 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 September 1, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: V 2. From Messrs. C. W. Henrietta and Eric Norberg, 2909 and 2917 Waterton Street, respectively, protesting against the condition of the lagoon at Waterton and Court Streets - its being filled with old lumber and debris which encourages its use by the general public for recreation. During the course of discussion on the undesirable condition of the lagoon system in general, it was explained by Mr. Hanna that South. Shore Land Co. has just recently begun a program to learn what must be done to keep these lagoons in a satisfactory condition. It was developed that there is a great deal of algae, scum and debris present in the lagoons, and the matter is being given attention. Mr. Hanna also explained the engineering technicalities involved in the operation of the pumping facilities and other structures which affect the water depth, and circula- tion in the lagoons. The Clerk was instructed to inform Messrs. Henrietta and Norberg of the progress being made toward cleaning up the bad condition. 3. From South Shore and Co., signed by Mr. Charles T. 2ravers, Vice President, requesting that the City accept the following lagoon control structures in the South Shore project: 1) Willow Street weir and culvert, 2) Park Street culvert, 3) Broadway Street culvert, 4) Outfall weir and culvert and 5) The lagoon pumping facilities. President McCall said he felt sure the Council was not in position at this time to make such a decision because there is much to be desired with regard to the lagoon system, from the standpoint of both a storm drainage system and the aesthetic value. He stated he would like to refer this entire matter to the City Manager to procure all information possible to familiarize the Council with the requirements of both Utah Construction Company and the City according to the "Agreement" and engineering tech- nicalities, in order that complete knowledge may be had prior to any decision being made. Councilman Freeman requested that the City Attorney ascertain exactly what the City's position is with regard to anything which has to do with storm drainage for the Reclamation District. Also, to inquire when the District expects to complete its job. Further, to check on the Reclamation District and find out if it has dissolved - if it plans to dissolve - and just how the City steps into the picture" before it does dissolve. She felt the weirs, culverts and the lagoon system itself is a reclamation project and she questioned why the City is involved. In response to Councilman Schacht, Mr. Hanna gave further detailed explanation of the technical basis on which the lagoon operation was established. President McCall also mentioned that the wind has been blowing sand across Otis Drive east of Court Street and he inquired if there are presently any plans for treating this area. Mr. Hanna stated he and Mr. McGinnis of South Shore Land Co. had inspected the vicinity and he had been informed that some "spot spraying" is to be done. It was then agreed the City Manager would proceed to obtain and submit all information on the subject. L. From Aeolian Yacht Club, signed by Mr. T. H. Nason, Secretary, urging the adoption of local ordinances to supplement State laws in the interest of water safety on the Estuary, especially in view of the ever-increasing number of boats using this narrow waterway. President McCall said he felt everyone agrees there is a need for such legislation and he would ask the City Manager to discuss this matter with the County Administrator or, if necessary, write a letter to the County Board of Supervisors, requesting that a meeting of boating organizations be held in order to arrive at uniform measures to be taken to insure water safety. Councilman Collischonn felt the United States Coast Guard could give greater protection and more enforcement of regulations through its personnel and equipment. He suggested this assistance could be requested through our Congressman. It was determined, however, that Mr. Weller would arrange for some type of meeting of representatives of boating clubs, including the Commandant of the United States Coast Guard and others concerned with this problem, to give the question full consideration. From Mrs. Virgil R. Marsh, 1508 Pacific Avenue, requesting the broken curb in front of her property and that of her neighbor be repaired at no expense to them. Mr. Hanna explained this condition occurred during the preparation of the street for the Slurry Seal Treatment - the matter has been taken up with the contractor and it will be rectified. 6. From Cootie Hive Pup Tent #55, Military Order of the Cootie, Honor Degree of the Veterans of Foreign Wars, signed by Mr. Edward A. Paddock, Commander, requesting per- mission to stage a donkey baseball game at whichever park is available on October 10, 1959. The monies derived from this venture are to be used for the organization's Hospital, Rehabilitation and National Home Scholarship Funds. Mr. Paddock appeared and stated one of the members of his organization had contacted the Recreation Department and the game could be scheduled for October 10, in Lincoln Park, if the Council so approves. Following some discussion, Councilman Collischonn moved permission be granted to hold said event, subject to the approval of the Recreation Director and the City Engineer. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS: 7. Mrs. James Wiley, 1232 St. Charles Street, complained about the sand blowing from the South Shore and stated the emulsion treatment has not proved effective. She urged the Council to insist upon the sand being held in place by an adequate process and to encourage the developers to plant some coverage so the citizens can feel everything is being done to protect them from this nuisance. 4 8. Mr. Frank Gottstein, 731 Haight Avenue, inquired if the lagoon pump is working and Mr. Hanna assured him it has been working for the past two weeks. Mr. Gottstein felt it should have been working for the past year in order to keep the lagoons flushed out and if so, there would not now be the problem of the accumulation of algae. Mr. Gottstein also mentioned that people are still walking over the treated a reas of the South Shore Fill and the City is not policing them properly. Mr. Gottstein particularly criticized the recent decision to close the Branch Library at 6:00 o'clock p.m. He felt it was false economy, and the citizens should have this library service until 9:00 o'clock p.m. Mr. Wallace Miracle, President of the Library Board, submitted survey figures showing the little use of the Branch Library between the hours of 6:00 and 9:00 o'clock p.m. during the past year and also cited the cost of personnel to maintain this evening service. He felt the closing at 6:00 o'clock was a justified economy, especially in view of the fact that additional service in reference and research work could then be given at the Main Library. 9. The following persons then spoke in protest against the bad condition of the lagoons - emphasizing the growth of algae, the stench, the debris, scum and presence of mosquitoes: Mr. Oscar (Len) Berg, 2138 Clinton Avenue; Mrs. Eleanor Johnson, 2140 Clinton Avenue; Mr. D. B. Poupeney, 2430 Roosevelt Drive,and Mr. Lawrence J. Wagner, 2426 Roosevelt Drive. Messrs. Poupeney and Wagner also referred to certain letters they had received from Utah Construction Company concerning the depth of water there is to be at theirs ea wall. Also, they said a verbal statement had been made that certain material would be removed from the rear of their properties, but this has not been done. Councilman Freeman requested that copies of said letter be made for the Council and Mr. Hanna. Miss Loma Petersen, 1213 St. Charles Street, stated she felt it is time the Council "gets awfully tough" with Utah Construction Company. She mentioned that, in addition to the other complaints, there are also rats in the lagoons. She urged the Council to demand that this situation be cleared up for the protection of the citizens of Alameda and all ordinances should be enforced. Assurance was given all interested parties that this entire situation would be thoroughly investigated before any part of the lagoon structures or system would be accepted. HEARINGS: 104 . The matter of Resolution No. 5982 was called up - setting forth the Council's intention concerning the vacation and abandonment of a strip of land, formerly in Railroad Avenue, of the Tilden Way project. The Clerk stated there is on file the Affidavit of Publication of said Resolution of Intention and the Affidavit of Posting Notices in the area affected, as required by law. It was ascertained there were no protests against the proposed closing of this certain parcel. The Hearing was then declared closed and the matter was referred to "Resolutions". REPORTS OF OFFICERS, BOARDS, ETCETERA: 11. From Mr. George L. Kennard, submitting his resignation as a member of the Social Service Board, effective immediately, due to his poor health. Councilman Schacht moved Mr. Kennard's resignation be accepted with reluctance. The motion was seconded by Councilman Freeman and unanimously carried. 12' the Mayor, nominating Mr. Terry Y. LaCroix for reappointment as a member of the Recreation Commission, for the term expiring August 31, 1962. The matter was referred to "Resolutions". 13. From City Manager, recommending a seven-day extension of time be granted to New- comb Construction Co. for the completion of the project of Furnishing and Installing Floats in connection with the Boat Ramp at the north end of Grand Street. Councilman Collischonn moved the recommendation be adopted and Newcomb Construction Co. be granted the specified extension of time for completion of this project. The motion was seconded by Councilman Schacht and unanimously carried. Md. From City Manager, recommending contract be awarded to J. R. Armstrong Construc- tion Co., low bidder, for the project of Installing Storm Drains on Pearl Street and Mound Street at Otis Drive, at the total cost of 821,071.21. Councilman Schacht moved the recommendation be approved; that contract be awarded to said Company for the designated project at the price quoted and the bid bond or check be returned to the unsuccessful bidder. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 15. 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 Authorizing Sale of Certain City-owned Real Property to the Alameda Unified School District (Excess Portion of Tilden Way)." 16. Councilman Schacht introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Adopting a Fire Prevention Code, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion and Establishing a Bureau of Fire Prevention and Providing Officers Therefor and Defining Their Powers and Duties." Mr. Annibale explained this covers the standard Fire Prevention Code of the National Board of Fire Underwriters, and the ordinance contains an emergency provision whereby it will become effective immediately upon its adoption at the next meeting of the Council. UNFINISHED BUSINESS: 17. Councilman Petersen referred to a memorandum from the City Manager giving a progress report on the garbage disposal situation. Mr. Weller explained he hopes to have a meeting with representatives of the Garbage Association and Mr. Hanna to deter- mine if there is a problem which bears on the rate structure and the various responsi- bilities of the City and the Association. This should result in some conclusions and he felt that, before anything is done, there should then be a meeting with the Coun- cil. He said there were indications that more study should be made of the whole problem - it has far-reaching implications because, in part, it is posed by the regu- lations of the Air Pollution Control District. There being no objections, Mr. Weller was instructed to proceed with the meeting as outlined and submit a full report to the Council for further consideration with regard to any possible changes. 18. Councilman Collischonn commented on tho letter of September 4, 1959, addressed to Mr. Hanna from the United States Army Engineer District and signed by Colonel John S. Harnett, District Engineer, concerning the City's recent request to utilize the former railroad passage section of the existing Fruitvale Avenue Bridge for vehicu- lar traffic. The communication indicated the proposal would entail considerable engi- neering study and expense but if the City or other local agency should wish to proceed with the improvement it might be worked out, provided an agreement were entered into between the principals which would contain a "hold and save" clause absolving the Federal Government from all liabilities. Councilman Collischonn suggested a meeting be held with Colonel Harnett to discuss this matter further, and endeavor to reach some more positive thinking on the subject. Considerable discussion ensued and it was developed that the matter should first be taken up with. Congressman Miller to ascertain if any progress has been made toward the construction of a new four-lane Fruitvale Avenue Bridge. Mr. Weller pointed out the City has held a number of meetings with the County of Alameda, City of Oakland and Port of Oakland and has also discussed the situation with the United States Army Corps of Engineers. He explained the history of the question, and suggested the matter be reopened, working through Congressman Miller and soliciting the cooperation of the other agencies mentioned. It was determined that Mr. Weller would write a follow-up letter to the Board of Engineers in Washington concerning this issue. NEW BUSINESS: 19' Petersen questioned the City ordinance which prohibits the sale of fresh meat on Admission Day, inasmuch as some cities allow it on this holiday, and asked that this situation be investigated. Mr. Weller explained the background of the regulation, and agreed he would check other cities of Alameda County to ascertain what the provisions of their ordinances are in this respect. 4 20. Councilman Schacht commented on the vandalism committed at the new swimming pool in Lincoln Park when a dye bomb was thrown into it. He stated he felt sure the Police Department is making every effort to catch the culprits and steps will be taken to obviate such recurrence. 21" . President McCall said he had noted in the newspapers that the speed limit on Doolittle Drive has been set at forty-five miles per hour, whereas the City had recently requested it to be established at thirty-five miles per hour. He inquired if the City's request had been given any consideration at all or if it had been ignored. Mr. Annibale stated the City is still in communication with the Division of Highways on this particular matter, in an attempt to get the speed limit set as requested. President McCall also spoke of the increased number of traffic accidents in the City due, he felt, to excessive speeds and he suggested the Council ask the City Manager to review the matter with the Chief of Police, requesting rigid enforcement of the speed limits. Also, to ask the cooperation of Judge Van Sicklen with regard to stiff fines for such violations - for the protection of the citizens of Alameda. Councilman Collischonn pointed up the number of servicemen involved in serious traf- fic accidents and suggested it would be well for the Chief of Police to request the Commanding Officer of the Alameda Naval Air Station to emphasize safe driving meas- ures to his men. The City Manager was thereupon instructed to follow through on this program. RESOLUTIONS: 22. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5989 Approving and Adopting a Budget for the Fiscal Year 1959-1960; Appropriating Certain Moneys for the Expenditures Provided in Said Budget for Said Fiscal Year and Ratifying Certain Expenditures Heretofore Made." 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. 5990 Fixing the Rate and Levying a Tax on All ±ea1 and Personal Property in the City of Alameda for the Fiscal Year 1959-1960 and Apportioning the Same Among the Several Funds of the City." 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. 24. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5991 Adopting Specifications, Special Provisions and Plans for Installation of Storm Drainage Culverts at the intersection of Pacific Avenue and Oak Street, 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. 25. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5992 Ordering the Vacation and Abandonment of a Strip of Land, Formerly in Railroad Avenue, in 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. 26. The following resolution was introduced by Councilman Schacht who moved its adoption: "Resolution No. 5993 Appointing Member of the Recreation Commission. (Mr. Terry Y. LaCroix) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. NOOS: None. Absent: None. 27. The following resolution was introduced by Councilman Collischonn, who moved its adoption: Resolution No. 5994 Adopting Specifications for Furnishing to the City of Alameda Eight (8) 1960 Model 4-Door Sedans, 8-Cylinder, with Automatic Transmission or Alternate, or with Standard Shift, for the Police Department; and One (1) 1960 Model 4-Door Sedan, 6-Cylinder, with Automatic Transmission, for the Planning Department, 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. 4 28. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5995 Resolution of the Council of the City of Alameda in Appreciation and Commendation of George L. Kennard For His Service to 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. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 29. "Ordinance No. New Series An Ordinance Amending Section 11-14A6(d) of Chapter 1, Title XI, of the Alameda Municipal Code, Relating to Front, Side and Rear Yard Requirements on Lots of Record of Less Than the Standard Area or Dimensions." Mr. G. N. Pope, 1820 Bay Street, addressed the Council concerning the provisions of this ordinance affecting the side yard requirement on a corner lot of less than standard size, when the structure is more than one story in height. He passed to each Councilman scale drawings of a lot forty feet by eighty feet illustrating the location thereon of a dwelling under this particular regulation. He stated he used this size parcel because it is the same as the Planning Director used in his memorandum of explanation of this situation. It was suggested the adoption of this ordinance be deferred until the next meeting in order that Mr. Pope might have the opportunity to discuss the drawing with Mr. Schoenfeld. Mr. Pope emphasized that Mr. Schoenfeld is not wrong - he is strictly fol- lowing the provision of the ordinance in this respect, but the ordinance is at fault. Considerable discussion was had on the ramifications of the issue and, ultimately, Mr. Weller stated he would ask Mr. Schoenfeld to arrange a meeting at Mr. Pope's conven- ience and if he, himself, was free at that time, he would also sit in on the discussion. The ordinance was thereupon laid over to the next regular meeting for further consideration. 30. "Ordinance No. 1318, Now Series An Ordinance Amending Section 2-522 of the Alameda Municipal Code, Relating to Fees to be Charged for the Removal of Dead Animals." Councilman Freeman 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. 31. "Ordinance No. 1319, New Series An Ordinance Amending Section 9-145 of the Alameda Municipal Code, Relating to License Taxes on Dogs and Time for Procuring Said Licenses." Councilman Petersen moved the ordinance be adopted as submitted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 32. "Ordinance No. 1320, New Series An Ordinance Authorizing the Execution of a Lease to Alameda Art Association, Inc., of Certain Real Property (Former Boys' Club Building in Washington Park)." 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, FILING: 33. Financial Report - Bureau of Electricity, as of July 31, 1959 - Verified by Hackleman & Larzelere. 3h. Specifications No. PW 9-59-15 - Project of Constructing Storm Drainage Culverts at Intersection of Pacific Avenue and Oak Street. 35. Specifications No. MS 9-59-11 - Furnishing Nine 1960 Model 4-Door Sedans (Eight for Police Department, one for Planning Department). 36. Auditor's Annual Report for Fiscal Year 1958-1959 - Verified by Hackleman & Larzelere. 37. Final Budget for Fiscal Year 1959-1960. BILLS: 38. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $20,014.28, was presented to the Council at this meeting. The list was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on September 15, 1959, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Freeman and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 39. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, October 6, 1959, at 7:30 o'clock. Respectfully submitted,