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1959-12-01 Regular CC Minutes144 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY. EVENING DECEMBER 1 1959 The meeting convened at 7:30 o'clock p.m. with Vice President Schacht presiding. The Pledge of Allegiance was led by Councilman Collischonn and was followed by an inspiring Invocation delivered by The Reverend Father Aloys Selhorst of St. Barnabas Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen and Vice President Schacht, (4), were noted present. Absent: President McCall, (1). MINUTES: 1. The minutes of the regular meeting held November 17, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS: 2` From Mrs. J. Wood, 1?34 Union Street, thanking the Council for granting a one - year Use Permit to Bohol Circle, Inc., to hold its meetings at 1815 Union Street. 31 From Bohol Circle, Inc., signed by Mrs. Mansueta L. Torregosa, Secretary, also thanking the Council for.upholding the action of the Planning Board in granting said Use Permit and giving assurance the Circle will abide by the conditions stipulated. The foregoing communications were noted and filed. 4 From Pomeroy -Bates & Rogers - Gerwick, submitting Application for Permit to Fill certain property at Willow Street north of Clement Avenue, by dumping 35,000 cubic yards of earth fill. The Application was accompanied by the required bond in the amount of $5,000., which had been approved. Mr. Hanna explained the situation and Councilman Collischonn moved the Permit be granted to said firm for the specified fill project. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. ORAL COMMUNICATIONS: 51( Mr. Martin Stohr, 1033 Post Street, spoke in reference to the recent improve- ments made on Washington and Post Streets. He pointed out that the acceptance of the work by the Council, at its meeting of November 3, 1959, made no reference to "Post Street ", and he felt it should be specifically included as a definite part of this project. Mr. Hanna explained that the overall improvement was made on the two blocks of Wash- ington Street between High and Peach Streets and branched into Post Street for a total distance of about two hundred feet. However, to clarify the record, Councilman Collischonn moved that it be known the Council has accepted the completion of the work covering the entire project of the improvement of Washington -Post Streets. The motion was seconded by Councilman Freeman and carried by the following roll call vote. Ayes: Four. Noes: None. Absent: One. 6. Mr. Frank Gottstein, 731 Haight Avenue, spoke of the concern recently expressed by the Council with regard to traffic and pedestrian accidents and also the fact that children are riding bicycles in a hazardous manner. He pointed out there have been these complaints - especially about cyclists riding on the wrong side of the street and not having lights at night, but he contended that nothing definite is being done to obviate these violations. He said he thought the idea of police patrol cars being ordinary vehicles without uniform color or identification would enable the police to apprehend more violators of traffic regulations. Mr. Gottstein also felt the Chief of Police should attend the Council meetings in order that he could be available to answer questions or give information when subjects pertinent to his department were being discussed. Vice President Schacht assured Mr. Gottstein that the entire Police Department is very much concerned with the traffic - accident problem. He referred to a report from the Chief to the City Manager which indicated the work being done with the children through the School and Recreation Departments and with others through the Senior Citizens and the Press. Councilman Petersen mentioned that the Police Officers call at the schools periodi- cally and tag the bicycles which are not properly equipped. He urged, however, that the Police Department attempt to emphasize throughthe School Department the safety program for bicycle riders. The City Manager was directed to request such action. 14o HEARINGS: 7. Continued from the last meeting was the Appeal from the decision of the City Planning Board, relative to the proposed development of property at 709 Santa Clara Avenue by Mr. Harold B. Petersen, Sr. Mr. Stanley D. Whitney, Attorney, represented Mr. Petersen and stated that, since the last meeting of the Council, he had personally discussed the situation with the Bank of America, Fiscal Agents for the Off - Street Parking Revenue Bonds, in San Francisco. Following that conference he had written a letter to the Bank, outlining Mr. Petersen's opposition to the City, and he had received a reply just today. He had filed copies of the two letters with Mr. Weller. Mr. Whitney pointed out the thinking of the parties concerned is now in terms of. the City granting an easement - rather than a lease - covering the needed portion of the parking lot property which would be thirty feet in width by approximately one hundred forty -two feet in depth. This would keep that area from being encumbered by a build- ing and thus assure Mr. Petersen of protection.for his improvement. He felt it is now just a matter of working out the details involved, leading to a final adjustment of the matter. Mr. Weller agreed, and stated that so far as the general concept is concerned, he has no objection and it is now a question of Council policy. He felt the matter could be ready for the Council meeting of December 15 - and he had suggested to Mr. Whitney that he outline in some detail just what the proposition is so the Council might be free to indicate whether or not the proposal is generally acceptable to it, subject to the final details being worked out. For the Council's information, Mr. Whitney thereupon read in full the two letters pre- viously mentioned, and explained other phases of the issue. Following further discussion, Councilman Freeman moved the Hearing be continued to the meeting to be held December 15, 1959. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Three. Noes: None. Not Voting: Councilman Petersen, (1). Absent: President McCall, (1). The Council expressed its concurrence that this proposal would be a reasonable solu- tion to the problem. 8. Continued from the last meeting was the Matter of the Petition for the Exclusion of Certain Lands from Reclamation District No. 2087. In connection with this Hearing, letters were presented from Mr. Leo J. Gunston, P. 0. Box 1212, Oakland, requesting that the Hearing be continued and also,. submitting the statement. that, "In case the Council cannot delay the time for filing objections in the above matter,,I hereby do so, by reason of my concurrence with the objections of Mr. Albert E. Mansfield - - - -." A stenotype operator was present to officially record the proceedings - the transcript of which is hereby, by reference, made a part of the minutes of this meeting. It was developed that there was still some information not yet available in answer to some of the questions posed by the Council at the last meeting and, therefore, Council- man Collischonn moved the Hearing be continued to the meeting of December 15, 1959. The motion was seconded by Councilman Petersen. Mr. Reisner stated the Council would have to act upon Mr. Gunston's request to con- tinue the time in which he could file his objections. With the consent of his second, Councilman Collischonn amended his motion to. include the fact that Mr. Gunston would be allowed additional time, to December 11, in which to file any further objections. Mrs. J. Benton Coffman, 2846 Santa Clara Avenue, submitted several questions to the Assistant City Attorney. It was also brought out that if she had any objections in this matter she could still submit them in writing during the course of the Hearing. The question was then put and the motion carried on the following roll call vote., Ayes: Four. Noes: None. Absent: President McCall, (1). REPORTS OF OFFICERS, BOARDS, ETCETERA: 9:/ From City Manager, notifying that Mr. Malcolm McGown has been elected as the Fire Department representative on the Pension Board, and the Council is required to con- firm said election and appoint the representative. The matter was referred to "Resolutions ". 10: From the Mayor, City Manager and City Auditor, submitting their report on the Count of Money held November 18, 1959 - showing the sum of X3,847,230.33 in the City Treasury at that time. The report was noted and ordered filed. J ' 11. From City Planning Board, signed by Mr. Robert L. Venable, Secretary pro tem, recommending approval of the Record of Survey Map covering the property known as 3351 Fernside Boulevard, owned by Mr. and Mrs. Henry Nunes. 146 Councilman Collischonn moved the recommendation of the Board, and also the City Engi- neer, be followed and the Record of Survey Map covering this property be approved. The motion was seconded by Councilman Freeman. Mr. Oscar W. Euler, 3355 Fernside Boulevard, raised a question concerning whether or not this action legalizes the actual boundary lines of this particular property and he was assured it does not - any question in this respect is a matter to be settled between private property owners. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen Collischonn, Freeman, Petersen and Vice President Schacht, (4). No, <s: None. Absent: President McCall, (1). V 12. At this time, Mr. Weller reported briefly with regard to the bids recently opened for furnishing a Dump Truck for the Golf Course. Originally, it was planned to trade in the old truck but. it now develops there is need for this one, too. Therefore, the matter is in the process of study and he recommended it be laid over to the next meeting for determination. 13. From City Manager, recommending an additional four -day extension of time from November 27, 1959, be granted to J. R. Armstrong Construction Co. in which to com- plete its project of Installing Storm Sewers on.Otis Drive at Mound and Pearl Streets. Councilman Freeman moved the recommendation be adopted and the specified extension of time be granted to this Company for completion of the designated project. The motion was seconded. by Councilman Collischonn and unanimously carried. 14V From City Manager, recommending an eight -day extension of time be granted to Gallagher & Burk, Inc., in which to complete its project of Installing Storm Drain- age Culverts at Pacific Avenue and Oak Street. Councilman Collischonn moved the recommendation be accepted and the requested exten- sion of time be granted to this firm for completion of its project as indicated. The motion was seconded by Councilman Petersen and unanimously carried. UNFINISHED BUSINESS: 15. Councilman Freeman requested that either the City Manager or the City Attorney address a letter to Reclamation District No. 2087, with a copy to South Shore Land Co. and Utah Construction Company, concerning the dike retention along the area easterly from Broadway - inquiring when the City may expect its completion. Following discussion of the situation, it was ordered that such a letter be written. 16. Councilman Freeman referred to the copy of a letter dated November 19, 1959, from Colonel John S. Harnett, District Engineer, United States Army Corps of Engi- neers, and inquired if there was any further information with regard to. the San Leandro Channel. Mr. Weller replied that Mr. Hanna had talked with Colonel Harnett- subsequent to receipt of the letter mentioned but certain data has not yet been received from Utah Construction Company, although it has been requested. Mr. Hanna explained that a considerable number of drawings had been made and forwarded to Colonel Harnett, showing conditions as they existed prior to and after completion of the dredge filling by "Utah ". The matter is being followed up. 17. At this point, Councilman Freeman stated the Shoreline Planning Association is to hold a conference on December 3, 4 and 5, 1959, in Santa Barbara and, as Vice President of this organization, she would like to have authorization to attend said meeting. The transportation expense is to be paid by the Association. She felt there are benefits to be gained from this organization because of the increased activities around the Bay Area in connection with shoreline developments. Councilman Collischonn moved Councilman Freeman be authorized. to attend this confer- ence. The motion was seconded by Councilman Petersen and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 18' Councilman Collischonn inquired if any progress had been made toward setting up the meeting of representatives of City of akland, County of Alameda and City of Alameda for discussion of the Fruitvale Avenue Bridge situation. Mr. Weller reported on his activities in this respect and stated he would continue his contacts to effect such a meeting. RESOLUTIONS: 19. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6018 Adopting Specifications, Special Provisions and Plans for Construction of Storm Drainage Culverts on Lincoln Avenue from Oak Street to Sherman Street, Calling for Bids and Directing City Clerk to Advertise Same." 14 The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 20. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6019 Authorizing the Acquisition of Certain Real Property for Public Street and Highway Purposes -- Tilden Way (Sandirk)." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 21. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 6020 Authorizing the Acquisition of Certain Real Property for Public Street and Highway Purposes -- Tilden May (Stewart and Hawley). ". The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 22. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6021 Appointing Member of the Pension Board (Malcolm McGown)." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 23" The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6022 IN MEMORIAM TO MR. ERNEST J. PROBST "WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its most faithful and civic- minded citizens, MR. ERNEST J. PROBST, who was elected to the Office of Councilman on April 10, 1905, and took his Oath of Office at the Council meeting of April 17, 1905; and "WHEREAS, Mr. Probst was re- elected to this position for the next four terms, serving as Councilman continuously until December 29, 1925, at which time he tendered his resignation from this office to accept the position of Superintendent of Parks and Playgrounds, upon appointment by the City Manager; and "WHEREAS, Mr. Probst served in this capacity until 1931, and was most conscientious in assuming the responsibilities of his offices and gave unstintingly of his time and effort on behalf of the City and was greatly respected for his excellent work and highly regarded for his spirit of friendliness. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of his many years of fine service to the City, the Council of the City of Alameda does hereby express its gratitude for his loyal civic interest and work during the early development of the City. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and a copy thereof be forwarded to his family that it may extend to it a sincere expression of sympathy and condolence in its bereavement; and "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of MR. ERNEST J. PROBST." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. The Vice President declared all of the foregoing resolutions duly adopted and passed. 24: At this point, Vice President Schacht said it had been called to his attention that Mr. George Nelson, Tribune reporter in the Alameda City Hall for several years, is leaving the newspaper as of December 12, to affiliate with a public relations firm in Stockton. He spoke highly of the excellent job done by "George" and his friendliness to all. i4 Mr. Weller referred to his former association with George in the San Joaquin Valley and he emphasized that, to a person,in his position, the integrity, competence and friendliness of the Press representative at City Hall is of extreme importance. He said he had always found George to be extremely fair and he was indeed sorry to see him leave here but he hoped his association in Stockton would be fruitful for him. The other members of the Council expressed their regret that George is to leave City Hall and extended their best wishes for his future success and happiness. Councilman Collischonn moved that an appropriate resolution in commendation of George Nelson be prepared for the next meeting of the Council. The motion was seconded by Councilman Petersen and unanimously carried. ORDINANCES FOR PASSAGE: ?5/ "Ordinance No. 1327, 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." Councilman Petersen moved the ordinance be adopted as submitted. The motion was seconded by Councilman Collischonn and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. FILING: 26. Specifications No. PW 11 -59 -19 - Project of Constructing Storm Drainage Culverts on Lincoln Avenue from Oak Street to Sherman Street. BILLS: 27. An itemized List of Claims - against the City of Alameda and the Departments thereof, in the amount of $47,267.64, 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 Collischonn moved the bills as itemized in the List of Claims filed with the City Clerk on December 1, 1959, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Freeman and carried by the following roll call vote. Ayes: Four. Noes: None. Absent: One. ADJOURNMENT: 28. There being no further business to come before the meeting, the Vice President called up the audience for a moment of silence in respect to the memory of Mr. Ernest J. Probst. The Council then adjourned - to assemble in regular session on Tuesday evening, December 15, 1959, at 7:30 o'clock. Respectfully submitted,