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1958-05-20 Regular CC Minutesj 5 6 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MAY 20, -------- - 1958 The meetinF convened at 7:30 o'clock p.m. with President McCall presidinF. The Pledge of Allegiance was led by Councilman Freeman followed by an inspiring Invoca- tion delivered by The Reverend Father Peter A. Bri zner, Assistant Pastor of St. Darnabas Catholic Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Peterson, Schacht and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting of May 6, were approved as transcribed. CO1=NICATIO7S: 2. From Alameda Chamber of Commerce, signed by Mr. C. Phillip Nutzman, General NanaFer, inviting the Council and City employees to the ACTION Conference to be held at Hotel Alameda May 21, 1958, at 2:00 o'clock p.m., at which Mr. James E. Lash, Executive Vice President, will speak on the subject of housing. It was requested the Chamber be informed of the approximate number of City officials who will attend. The Clerk was instructed to inform Mr. Nutzman there will probably be three, and possibly four, of the Councilmen in attendance. 3. From Mr. Myron Feigenberg, 2)119 Dowling Place, Berkeley, submitting Application for Permit to Fill Property by dumping, two hundred cubic yards of broken concrete to form a rip-rap sea wall along the southerly line of property known es UAL Central Avenue. A bond in the amount of re:,000. accompanied the application. Upon request, Mr. Hanna explained the conditions in connection with the contemplated improvement of this property and stated it is his recommendation the application be granted and said permit be issued. Councilman Collischonn thereupon moved the Permit to Fill Land be issued. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. )4 From Safeway •Store, Incorporated, signed by Mr. W. A. Landtbom, Realty Depart- ment, protesting against the erection of a fence across Foley Street in connection with the construction of Tilden Way from Park Street to Buena Vista Avenue, as it will interfere with the exit from its store and parking lot located at 1618 Park Street. Petition, signed by forty-two residents in the area, requesting that Everett Street not be closed at Tilden Way, but Tilden Way from Park Street to Everett Street be made into a regular City street. 6. Petition, signed by thirteen residents of the area, requesting that Everett Street not be closed at Tilden Way, as it would be a great inconvenience, would lower property values and would delay traffic in the Park Street area. Councilman Collischonn stated he must disqualify himself from participating in any future discussion concerning Foley Street because of his employment with Safeway Stores. Members of the Council had been sent copies of the plans for Tilden Way. Upon request, Mr. Schoenfeld explained there will not be a complete closure of Foley Street but anyone traveling south thereon could make only a right turn onto Tilden Way. He stated all good traffic engineering calls for as much free flow of traffic and the avoidance of as many intersections as possible, which thus reduces the number of potential accidents. He pointed out the portion which is called Foley Street, between Lincoln Avenue and the tracks, is not a dedicated street but isreally a portion of the Southern Pacific right-of-way which has been crossed by the public, and, in so doing, it has been trespassing on private property. Mr. Weller stated there will be a regular meeting of the Planning Board on June 9, and there may be an adjourned regular meeting of the Council on June 10. He inquired if the Council wishes to set a date this evening for a l'ublic Hearing on June 10. He wondered if copies of these three communications might not be sent to the Plan- ning Board so the Council could have an indication of its thinking, on the matter in time for the Hearing. In response to Councilman Schacht's question as to Everett Street being a dead end, Mr. Schoenfeld stated that, for Tilden Way to be a high capacity and relatively safe artery, it is necessary, first, to reduce the number of intersections - secondly, when the time comes that this is a complete, four-lane facility, there will probably be the necessity of traffic signalization at the more important intersections. When that time comes, it will be impossible for a traffic engineer to set the timing of the signals to allow proper progression unless they are far enough apart. If Everett were a through street, the traffic could be so bad it would pile up and cause con- gestion at Park Street. Councilman Petersen asked if the possibility or practicability of establishing Everett as a one-way street, respectively, - northbound traffic to turn east and southbound traffic to turn west onto Tilden Way - had been considered. Mr. Hanna commented the suggestion for northbound traffic on Everett Street appears to be reasonable to him at this stage but he pointed out the design of the map in question was done by a consulting engineer employed for this nurpose. He noted there are only one or two houses on Everett Street, south of Buena Vista Avenue, and the people living therein would merely have to drive about one hundred feet to Buena Vista Avenue, then east about one hundred feet and swing onto Tilden Way to travel in either direction. He said he could see no gain to bringing the Everett Street traffic in again from the north. There is only about one hundred feet of cul-de-sac involved at this point. Any traffic generated northerly of this point could get onto Tilden Way at the intersection of Buena Vista Avenue and travel in either direction. Mr. Hanna also mentioned this design has been approved by the Traffic Engineering Department of the State Division of Highways. It was developed that Mr. Philip N. Storrs, Consulting En Engineer on this project, will be present at the time of the Hearing to further clarify his plan. He has already appeared before the Planning Board. Mr. Annibale pointed out the only thing before the Council tonight is the declaration of intention by the Council to vacate or close certain streets, as per this map. How- ever, after the Public Hearing, the Council can make any changes it feels necessary. It was his opinion the date of the Hearing should be set for June 10. ORAL COMMUNICATIONS: 7. Mr, Stanley D. Whitney, 1521 Gibbons Drive, stated it has been his privilege and pleasure to attend Council meetings from time to time, both as a spectator and one having business before the Council. He said that, for many years, all those attend- ing said meetings have had to suffer by not being able to hear what was going on. He recommended to the Council that something be done to correct the acoustics in the Council Chamber so everyone could hear properly. President McCall stated this matter has come up several times but, due to lack of finances, no improvement could be undertaken. However, estimates have been prepared and funds are now provided in the budget for the ensuing fiscal year to proceed with this project. 8. Mr. Frank Gottstein, 731 Haight Avenue, addressed the Council in protest once more against the debris being thrown along the beach, especially at the foot of ITinth Street and along Portola Avenue. He said it looks like a regular Dump and he thought it was about time some arrests were made. He pointed up the danger of broken glass and tin cans on the beach. He urged some action on this matter. Mr. Gottstein sug- gested the City might place some trash cans in the area to influence people to stop littering the beach. President McCall stated the City Engineer would no doubt check into this condition. V 9. Mr. Gottstein also spoke of the fact that children are playing in the lagoons, even though fences have been put up and signs posted warning against trespassers, by Order of the Chief of Police. He said he thinks the order ought to be enforced and people kept out of this area. He inquired what responsibility has the owner of pro- perty in the event someone is drowned or hurt while on his land - is he liable? He emphasized that enforcement of the "No Trespassing, Order" would not eeprive anyone of his rights because nearby Washington Park is available and there are lifeguards there to give protection. In response to Mr. Gottstein's question as to his liability, Mr. Annibale stated he would like to research the matter and make a report to the Council and also to Mr. Gottstein. In response to Mr. weller's inquiry as to a report concerning the beach program, Mr. Hanna replied that he expects to open up Washington Park beach this next weekend. There will be a single entrance, down through the middle of the Park, whereby the people can go down the stairs and out into a limited area so they will not destroy the dust control project. There will be signs to indicate the usable area. Councilman Petersen recalled this matter came up a bout this time last year and the signs were authorized, as it was felt the lagoon water was not desirable for swimming. He thought the Council should ask for a closer scrutiny of this area and make a real attempt to keep intruders out. Following some discussion, it was brought out the City is directly responsible for its property, particularly from the ends of streets - the City must erect sufficient barricades, warn the nublic of any dangers inherent there and the 'No Trespassing" signs are certainly needed. Mr. Annibale supplemented his remarks, in answer to Mr. Gottstein's question, to the effect that his initial thought is that the liability of property owners for tres- passers would be very slight, if nothing. It was determined this matter would be referred to the City Manager for instructions to the Chief of Police in line with the Council thinking. 0 3 Councilman Petersen also inquired as to the condition of the water in the lagoons - is it being checked regularly? - to which Mr. Hanna replied that both the East Bay Municipal Utility District and Alameda County Health Department check the water reguiarly. Councilman Freeman suggested the lagoon system be checked for pollution and bacteria count as at present, since the flushing - and have the results publicized. She felt it is the Council's responsibility to so inform the parents. President McCall asked the cooperation of the Press in publicizing the fact that any- one using the lagoons is trespassing and also, there is the possibility the water is not of a quality for safe swimming - and in the interests of public health, the City is asking all to keep out. REPORTS OF OFFICERS, BOARDS, ETCETERA: 10. From City Planning Board, signed by Mr. A. Raymond Schoenfeld, Secretary, reporting on action taken at its meeting of April 28, with regard to amendments of the proposed new Zoning Ordinance. The communication was noted and referred to the file on the subject. 11;1 From City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending the adoption of the census tracts as defined upon the North Alameda County Map. By use of the map displayed, Mr. Schoenfeld explained this matter. He stated the Federal Bureau of Census had asked the County of Alameda to review its census tracts. Such has been done, resulting in the establishment of many new tracts in the City of Alameda. He stressed the importance of the wealth of detailed statistical informa- tion made available by these tracts, which otherwise could be obtained only by con- ducting surveys on individual categories. He pointed out the results of this review will aid the City of Alameda in better analyzing its problems with regard to planning, social welfare, etcetera, up to 1970. He asked the Council's approval by the adoption of a resolution to this effect. There being no objection, the City Attorney was instructed to prepare a resolution for consideration at the next meeting of the Council. 12. From the City Manager, recommending contract be awarded to J. 1J. Lee L; Co., 1551 Lake Chabot Road, San Leandro, low bidder, for the project of Street Construc- tion at Park Street and Otis Drive, in the amount of 11,L83. Councilman Collischonn moved the recommendation be adopted; that contract be awarded to the specified firm for the designated project at the price quoted and the bid bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 1 13. From the City Engineer, addressed to the City Manager, submitting his recommenda- tion with regard to the design of Tilden Way. The matter was referred to "Resolutions". INTRODUCTION OF ORDINANCES: 14. 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 the Acquisition of Certain Real Property for Street, Highway and General Municipal Purposes (Widening of Flower Lane -- Taman)." 15. Councilman Petersen 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 11-1324 (4) of the Alameda Municipal Code by Deleting Therefrom the Restriction That No More Than Eight (8) Family Accomrnodations Shall Be Permitted on a Lot of Record in "B" District.' Mr. Annibale explained the circumstances and stated the Planning Board and the Plan- ning Director believe this amendment will result in a more realistic setup for pro- perty development. UNFINISHED BUSINESS: 16. Councilman Petersen referred to the decision of the Council at the regular meet- ing of May 6, concerning meetings and inquired if a recording had been made of the last Committee of the Whole meeting held in the Conference Room and if minutes had transcribed. Councilman Freeman said she did not think the Council had expected to have such min- utes transcribed -.the intent was that the records would be available and if anyone desires to listen to them he can do so. Councilman Petersen spoke of the meeting with the Housing Authority held prior to the adjourned regular Council meeting of May 13, and referred to Article IX, Sec. 9-1(3) of the City Charter, under duties of the City Clerk - and asked for the City Attorney's interpretation of the matter to "--- keep an accurate public record of the proceedings thereof, ---". Mr. Annibale stated he would say this was an informal meeting between the Housing Authority and the City Council and no records were required to be kept thereof unless some member of the Council required that such be kept. He stated the intent of this particular section of the Charter applies to regular meetings of the Council. How- ever, if the Council desires minutes of any particular meetings or all Committee of the Whole meetings, the Council merely has to vote to indicate that minutes will be kept, recorded and transmitted. In response to further questions from Councilman Petersen, Mr. Annibale replied the Council is privileged to indulge in any type of meeting it so desires, regardless of how it is classified, so lone as it conforms to the provisions of the Government Code- referring to the Brown Act- that the meetings be public and the Press be informed as to their being held. He said there is nothing in the Brown Act that he could recall which states there should be accurate public records made of meetings and he inter- prets the Charter, as of this moment, to indicate the regular meetings of the Council. Councilman Petersen asked the City Attorney if he would be willing to make a ruling on this matter and Mr. Annibale stated he would do so. RESOLUTIONS: 17, 19. 20. "Resolution No. 5777 Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1958-1959." "Resolution No. 5778 Adopting Specifications for Furnishing to the City of Alameda for the Fiscal Year Ending June 30, 1959, Quarry Waste and Earth Fill at City Dump; Paving Mixtures; and Portland Cement Concrete Mix; Calling for Bids and Directing City Clerk to Advertise Same." "Resolution No. 5779 Adopting Specifications, Special Provisions and Plans for Street Construction and Widening of Willow Street, South of Clinton Avenue, Calling for Bids and Directing City Clerk to Advertise Same." "Resolution No. 5780 Adopting Specifications, Special Provisions and Plans for Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter for Fiscal Year Ending June 30, 1959, Calling for Bids and Directing City Clerk to Advertise Same." 21. "Resolution No. 5781 Adopting Specifications and Provisions for Resurfacing and Repair of Asphalt and Bituminous Pavement for the Fiscal Year Ending June 30, 1959, Calling for Bids and Directing City Clerk to Advertise Same." 22. "Resolution No. 5782 Adopting Specifications, Special Provisions and Plans for the Installation of House Laterals for the Fiscal Year Ending June 30, 1959, Calling for Bids and Directing City Clerk to Advertise Same." 23. "Resolution No. 5783 Adopting Specifications for Furnishing to the City of Alameda for the Fiscal Year Ending June 30, 1959, Traffic Paint and Thinner; Automobile and Truck Tires and Tubes; and Gasoline; Calling for Bids and Directing City Clerk to Advertise Same." Councilman Schacht introduced the foregoing seven resolutions and moved their adoption. The motion was seconded by Councilman Petersen and on roll call carried by the follow- ing vote. Ayes: Five. Noes: None, Absent: None. 24. The following resolution was introduced by Council an Freeman, who moved its adoption: "Resolution No. 5784 Resolution of the Council of the City of Alameda Requesting Payment by the Fiscal Agent of the Amount Held in the Off-Street Parking Surplus Revenue Fund to the General Fund of 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. 25. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5785 Resolution of Intention to Order the Vacation of a Portion of Pearl Street, in the City of Alameda." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the folaowing vote. Ayes: Five. Noes: None. Absent: None. 26. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5786 Resolution of Intention to Order the Vacation and/or Closing of Certain Streets Within the City of Alameda Abutting Upon Tilden Way." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Councilmen Freeman, Petersen, Schacht and President McCall, (h). Noes: None. Not Voting: Councilman Collischonn, (1). Absent: None. Mr. Annibale requested the record show that June 10, 1958, has been set for the Public Hearing on Resolutions Nos. 5785 and 5786. It was so ordered. President McCall thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 27. "Ordinance No. 1270, New Series An Ordinance Authorizing the Acquisition of Certain Real Property for Street, Highway and General Municipal Purposes (Widening of 1Tillow Street -- Alameda Hospital)." Councilman Petersen moved the ordinance be adopted as read. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. At this point, Mr. Annibale requested a motion be made that, in the event a quorum is not present at the next regular meeting of the Council to bo held June 4, the City Clerk adjourn the meeting to June 10. Councilman Schacht thereupon moved that should there not be a quorum present at the June h meeting, the City Clerk be instructed to adjourn the meeting to June 10, 1958. The motion was seconded by Councilman Petersen and on roll call carried by the follow- ing vote. Ayes: Five. Noes: None. Absent: None. FILING: 29. Auditor's Financial Statement - City of Alameda, as at April 30, 19r;8 - Verified by George A. Hackleman Co. 30. Specifications and Provisions No. NS 5-58-2 - for Furnishing Quarry waste and Earth Fill at City Dump - 1958-59. 31. Specifications and Provisions No MS 5-58-3 - for Furnishing Medium Curing Plant-mixed Surfacing Paving Nixtures, 1958-59. 32. Specifications and Provisions No. MS 5-58-4 - for Furnishing Class An and Class "B" Portland Cement Concrete Transit nix, 1958-59. 33. Specifications No. FT 5-58-3 - for Construction, Reconstruction and Widening of Willow Street South of Clirton Avenue. Specifications No. PT - for Repair of Sidewalk, Driveway, Curb and Gutter, 1958-59. 5. Specifications No, PW 5-58-5 - for Resurfacing, and Repair of Asphalt and Bitu- minous Pavement, 1958-59. 36. Specifications No. PW 5-58-6 - for Installation of House Laterals, 1956-59. 37. Specifications No. Lo 5-8-5 38. Specifications No. MS 5-58-6 Tubes, 1958-59. 39. Specifications No. MS -8-7 1958-59. - for Furnishing Traffic Paint and Thinner, 1958-59. - for Furnishing Automobile and Truck Tires and - for Furnishing Pramium and Non-Premium Gasoline, BILLS: 40. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the total amount of '389 30IL.98, was submitted to the Council at this meeting. The list was accompanied by certification from the City ]Kananer that the Claims shown were correct. Councilman Petersen moved the bills as itemized in the List of Claims filed with the City Clerk on May 20, 19, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Woes: None. Absent: None. President McCall announced that Alameda's Annual Flag Day Celebration will be held Saturday, June lh, 1958, at Washington Park. He stated Councilman Schacht is working with him on the committee to plan the program. He mentioned the military, fraternal and civic organizations will be represented. He expressed the hope all will attend the ceremonies. ADJOURNMENT: 42. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Wednesday evening, June L, 1958, at 7:30 o'clock. Respectfully submitted,