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1959-11-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, NOVEMBER 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 was followed by an inspiring Invocation delivered by The Reverend Mr. Andrew B. Montgomery, Associate Minister of First Presbyterian 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 adjourned regular meeting of October 27, and the regular meeting of November 3, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Alameda-Contra Costa Transit District, signed by Mr. Robert K. Barber, President, expressing appreciation to the Council for its support of the Bond Issue in the recent special election, held October 20, 1959. The communication was noted and ordered filed. From Mr. Donald G. Guinn, 2916 Adams Street, requesting the refund of Four Dollars paid for a Building Permit to construct a patio, Ihich is not now needed as the family is moving to Sacramento. Councilman Schacht moved the request be granted and the sum of Four Dollars be refunded to Mr. Guinn. The motion was seconded by Councilman Petersen and c arried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 4:j Petition, signed by forty-one residents on San Jose Avenue, Peach, Washington and Adams Streets, requesting that action be taken to partially or completely close Market Street between San Jose Avenue and Madison Street. Mr. Annibale suggested this matter be referred to the City Engineer and himself as they have been working on the problem for some time and are well acquainted with the situation. There being no objections, it was so ordered. ORAL COMMUNICATI ONS: 5. Yr. Frank Gottstein, 731 Haight Avenue, referred to his suggestion that a "con- veyor" be installed in the second tube at the time of its construction. He read an excerpt from the letter written by State Highway Engineer Womack in which it was agreed there was merit to the idea of a traveling conveyor, but it does not appear to be feasible due to lack of width of the tube as already planned, and which is fully occupied with the roadway and the public walkways. It was also stated the problem of adequately patrolling the tube is still being studied and the suggested conveyor will be given consideration. Mr. Gottstein said a walkway on each side of the new tube will not be necessary and, therefore, there would be room on one side for the traveling conveyor, which will be greatly needed for more promptly clearing any traffic congestion which might occur. He pointed up that only one walkway is used in Posey Tube. Mr. Gottstein expressed the desire to meet with the State engineers and explain his idea from a practical standpoint as he knew it could be accomplished. HEARINGS: CI( The matter was called up concerning the appeal from the decision of the City Planning Board, filed by Mr. Stanley D. Whitney, Attorney, on behalf of Mr. Harold B. Petersen, Sr., relative to certain conditions in connection with the improvement of his property at 709 Santa Clara Avenue. The Clerk stated there is on file the certified copy of the minutes of the meeting of the Planning Board at which this matter was considered, copies of which had been sent to the Councilmen and, also, Mr. Petersen, Sr., had been notified of the Hearing at this time. Mr. Whitney spoke on behalf of the appellant and suggested the matter be referred to the City Manager in order that negotiations may be had for the acquisition of thirty feet of the easterly side of the Municipal Parking Lot, for a depth of approximately one hundred thirty-two and four-tenths feet. Mr. Annibale interjected the information that there can be no sale of this City Park- ing Lot property due to the bond issue restrictions. It can be leased, however. Mr. Whitney agreed a lease would be satisfactory - the principal object being to allow development of the property. He felt the matter primarily belongs in the City Manager's office for investigation and report back to the Council about the feasibil- ity of Mr. Petersen's plans. It was developed that the thirty-foot area would provide off-street parking facilities. 140 Mr. Annibale suggested that, pursuant to Mr. Whitney's request, the matter be referred to the City Manager and himself for further conference and report on some method whereby this problem can be reconciled. Following considerable further discussion, and there being no opponents to the ques- tion, Councilman Schacht moved the Hearing be continued to the next regular meeting, to be held December 1, 1959, and that, during the interim, the matter be referred to the City Manager and the City Attorney for negotiations with interested parties. The motion was seconded by Councilman Collischonn and carried on the following roll call vote. Ayes: Four. Noes: None. Not Voting: Councilman Petersen, (1). Absent: None. 7Y The matter was submitted concerning the Petition for the Exclusion of Certain Lands from Reclamation District No. 2087. The Clerk stated that, in connection with this Hearing, there is on file the original document of the Petition; a letter from Utah Construction & Mining Co., signed by Mr. O. L. Dykstra, Treasurer, transmitting the Consent of Bondholder in this matter, signed by Mr. E. W. Littlefield, Executive Vice President of "Utah"; the Affidavit of Mailing, signed by Shirley H. Tennier, Clerk of the City of Alameda, covering one hundred four notices sent to the property owners involved; the Affidavit of Publica- tion on November 2 and 9, 1959, of the Notice of the Filing of said Petition. Also on file is an Objection to Petition of South Shore Land Co., et al, for Exclusion of Certain Lands from Reclamation District No. 2087, signed by Mr. Albert E. Mansfield. A stenotype operator was present to officially record the proceedings and the tran- script thereof is, by reference, made a part of the minutes of this meeting. Mr. Charles R. Purnell of the firm of Pillsbury, Madison & Sutro appeared as the attorney for the Petitioners in this matter. The following witnesses for the proponents were called and sworn in by the Clerk and testified on behalf of the "District": Messrs. Harold. L. McGinnis, Resident Engineer of South Shore Land Co., and John N. James, Attorney and a Trustee of the Reclama- tion District. A large map was displayed showing the lagoon system and the boundaries of the Dis- trict, which was explained by Mr. McGinnis. Mr. Leo Gunston, Post Office Box 1212, Oakland, appeared as an opponent and was sworn in by the Clerk. He had not filed a written objection. Mr. Albert E. Mansfield, 2020 Clinton Avenue, whose written objection had been noted, was also sworn in and spoke in opposition. A lengthy discussion ensued during which the Councilmen asked several specific ques- tions pertinent to the entire lagoon system, to which the City Attorney is to furnish the "answers". Councilman Schacht then moved the Hearing be continued to the next regular meeting of the Council, to be held December 1, 1959. The motion was seconded by Councilman Petersen and unanimously carried. 8. At this point, upon request of President McCall, Mr. Annibale introduced Mr. Ralph Reisner, newly-appointed Assistant City Attorney. REPORTS OF OFFICERS, BOARDS, ETCETERA: V 9. From City Manager, recommending the bid be rejected in connection with the removal of certain buildings at Encinal Housing Project property. Councilman Collischonn moved the recommendation be adopted; that the bid on this pro- ject be rejected and the City Manager be authorized to negotiate a more satisfactory quotation in the open market for the removal of these units. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 10. From Recreation Commission, signed by Mr. Chester R. Bartalini, Chairman, pro- posing the name of Ernest B. Poggi be honored by awarding each year a perpetual trophy to the outstanding participant in either the Junior or Senior Lifesaving Classes spon- sored by the Recreation Department. It was stated Mrs. Poggi and her family have enthusiastically endorsed this recommendation. Councilman Petersen moved the recommendation be approved and said trophy be awarded each year to the outstanding participant in the "Junior" Class. The motion was seconded by Councilman Schacht and unanimously carried. 11. From Recreation Commission, signed by Mr. Bartalini, Chairman, pointing out the Commission had given consideration to the naming of the Small Boat Launching Ramp, as requested by the Council - but subsequently, it was learned that action had been taken by the Wildlife Conservation Board of the State of California, Department of Fish and Game,in naming the facility and it is to be known as "Alameda Angling Access Area". However, the Commission recommended that a plaque be erected at the site, suitably inscribed, noting and commending Mayor William M. McCall for his efforts in obtaining State financing for the project and for his diligence in following the project through to its completion. Councilman Schacht moved the name be accepted and the recommendation concerning the erection of a plaque in honor of Mayor McCall be adopted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Not Voting: President McCall, (1). Absent: None. V 12. From City Manager, recommending contract be awarded to Valley Engineers, Inc., low bidder, for project of Installing Storm Sewer System in Walnut Street from Lincoln Avenue to the Estuary, at the total cost of .88,782.15. Councilman Schacht moved the recommendation be accepted; that contract be awarded to said firm for the specified project at the price quoted and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Collischonn and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13. From City Manager, recommending contract be awarded to Alameda Sporting Goods for furnishing Athletic Supplies and Equipment for the Recreation Department, in the total amount of t2,504.65. Councilman Freeman moved the recommendation be adopted: that contract be awarded to the designated firm for furnishing the specified items at the price quoted and the bid checks or bonds be returned to the unsuccessful bidders. The motion was seconded, by Councilman Peterson and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None, 111. At this point, Mr. Annibale called the Council's attention to the proposed Lease Agreement between the City and Island City Gun Club and stated it would be necessary for the Council to determine the following provisions: The initial term, the renewal term and the period within which the Gun Club agrees to commence construction. Councilman Collischonn thereupon moved that the Lease Agreement be entered into for an initial term of twenty years, beginning January 1, 1960, and ending December 31, 1979, that the renewal term be for an additional twenty years and the Club start construc- tion within two years from the execution of said document. The motion was seconded by Councilman Freeman and unanimously carried. The matter was then referred to "Intro- duction of Ordinances". 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 Execution of a Lease of Certain Lands on Bay Farm Island to the Island City Gun Club, and Approving the Form and Terms Thereof." UNFINISHED BUSINESS: 16v. The matter was called up concerning the decision to grant or deny the appeal from the action of the City Planning Board in granting a Use Permit to Bohol Circle, inc., to hold its meetings at 1815 Union Street. Councilman Collischonn stated that, inasmuch as this organization realizes the Use Permit has been granted for only one year and the President of the Club has indicated these premises are for a temporary meeting place, he would move the Council deny the appeal and sustain the decision of the Planning Board. Councilman Schacht seconded the motion. Considerable discussion ensued. Mr. Manigo, Chairman of the Building Committee of Bohol Circle, Inc., stated the present quarters are too small for the Circle's pur- poses and the members would try their best to find another site and move out in one year. Mr. Buckman Ward, 1828 Union Street, stated this matter had been laid over for deter- mination of the legality of the Board's action in relation to the several sections of the Zoning Ordinance which he had quoted at the last meeting, and he felt there had not been an answer as yet. President McCall remarked that the Councilmen had received a ruling from Mr. Annibale, dated November 4, 1959, that "the action of the Planning Board was in accordance with the powers granted by Ordinance No. 1277, New Series, Section 11-152". The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen Collischonn, Schacht and President McCall, (3). Noes: Councilmen Freeman and Petersen, (2). Absent: None. NEW BUSINESS: 17. Upon Councilman Collischonn's inquiry, Mr. Weller explained the situation with regard to the City's renewal of its Comprehensive Liability Insurance - the informal quotations received being almost three times higher than the premium for the existing coverage. He said there is reason to hope the City can obtain somewhat better offers and there are other alternatives in terms of modification of the existing coverage which ought to be explored. He stated the present policy expires December 1, 1959, and there is, therefore, some urgency in this respect. Mr. Weller suggested the 142 Council authorize him to obtain a thirty -day extension of the current policy, pend- ing his investigation. Councilman Collischonn then moved the City Manager be authorized to extend the present insurance coverage for a period of thirty days from December 1, 199, and further, the Council authorizes the exploration of alternative insurance plans through nego- tiation, with a report back on the subject. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. i8. Councilman Petersen referred to the several pedestrian - traffic accidents in the City recently and he felt some educational program should be inaugurated for the information of the pedestrians and those riding bicycles, pointing up that they do not always have the "right -of- way ". Councilman Petersen stated there is a new State law, effective January 1, 1960, which will change the status of the "pedestrian" considerably - and this would be a good time to initiate a program to properly advise all concerned. During the general discussion, it was developed that some campaign should be started, sponsored in part by the Police Department, to make pedestrians aware of the chances they sometimes take. Also, this "message" should be publicized through the Press, the Service Clubs, the Senior Citizens and from the pulpits. It was determined that a letter would be sent to the President of the Junior Chamber, asking that his organi- zation take up this project. The program would be headed up by the Police Department. Councilman Collischonn also spoke of the number of high school students who stand out in the street in the mornings "thumbing" a ride. He felt it is a dangerous prac- tice, especially on a foggy morning, and if necessary to prevent possible injury to any of them, he suggested an ordinance prohibiting such hitchhiking be considered. All agreed the number of pedestrian - traffic accidents have become appalling and the City Manager was instructed to inform the several agencies mentioned that the Council desires such a program for safety carried on. It was so ordered. 19. Councilman Freeman referred to the Committee of the Whole meeting held by the Council the previous evening for a discussion of certain City Board appointments, and inquired if the Attorney General could be requested to give an opinion on "closed sessions" when such names are being considered. Also, a ruling in clarification of private sessions for study of appraisals of property or law suits. Mr. Annibale stated he understood a decision is coming down on the latter items and insofar as the personnel matter is concerned he would attempt to get a ruling through the Assemblyman. This brought up a lengthy discussion about the principle of the question - and it was developed that if the Council is obligated to abide by the provisions of the law, as it should be - then the Press, equally, is likewise obligated to so do. It was pointed out it would be unfair and embarrassing to publicly discuss qualifications and characteristics of anyone contemplated for appointment to a City Board or Commis- sion. It was also emphasized that the Council of the City of Alameda has always held open meetings in accordance with the provisions of the Brown Act. RESOLUTIONS: 19. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6013 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model, 6- Cylinder -Ton Panel Truck, with Standard Shift, Calling for Bids and Directing City Clerk to Advertise Same." 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. 20. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6011 Adopting Specifications for Furnishing to the City of Alameda One (1) New 1960 Model, Four -Door Station Wagon, 6- Cylinder Chevrolet, Ford or Plymouth Class, with Standard Transmission, Six (6) Passenger, Callin for Bids and Directing City Clerk to Advertise Same." 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. 21. The following resolution was introduced by Councilman Freeman, who moved its adoption: 143 "Resolution No. 6015 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model, 6-Cylinder, 1/2-Ton Pickup Truck, Calling for Bids and Directing Cty 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. At this time, President McCall asked for a ruling from the City Attorney concerning an alleged "conflict of interests" situation in connection with the owner of the local Plymouth automobile agency. It is the understanding of this agent that he cannot sub- mit bids on City business because his wife is a member of the Board of Education. President McCall stated he felt this situation should not deprive the City of the advantage of receiving bids from this particular agency because the contracts are awarded on the basis of the "lowest and best bid" in all cases. Mr. Annibale stated he would furnish an opinion on this subject. 22. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 6016 Amending Salary Resolution No. 5965 by Creating the Position of Assistant Deputy Assessor and Setting the Salary Therefor; Adding One Position of Intermediate Typist-Clerk, and Deleting the Position of Deputy Field Assessor (Full-Time), All in the Auditor and Assessor's Department." 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. 6017 Resolution of the City Council of the City of Alameda Recognizing the Selection of the City of Lidingo, Sweden, as Alameda's Sister-City in President Eisenhower's 'People-to-People' Program, and Inviting the City Government and People of Lidingo to Parti- cipate in Said Program." 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. The President thereupon declared all of the foregoing resolutions duly adopted and passed. FILING: 2L. Lease Agreement - Between City and The Island City Gun Club - Certain Lands on Bay Farm Island. 25. specifications No. MS 11-59-17 - Panel Truck for Parking Meter Department. 26. Specifications No. MS 11-59-18 - Station Wagon for Fire Department. 27. Specifications No, MS 11-59-19 - Pickup Truck for Golf Course. BILLS: 28. An itemized List of Claims against the City of Alameda and the Departments thereof in the amount of 838,038.11, 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 November 17, 1959, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Collischonn and carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 29. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, December 1, 1959, at 7:30 o'clock. Respectfully submitted,