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1958-06-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESTAY EVENING, JUNE 17 The meeting convened at 7:30 :o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman followed by an inspiring Invoca- tion delivered by the Reverend Mr. Thomas P. Weir, Pastor, First Christian Church. ROLL CALL: The roll was called and Councilmen. Collischonn, Freeman, Peterson, Schacht and President McCall, (5), were noted present. Absent: None. WRITTEN C MMUNICATIONS: V 1. From South Shore Land. Co., signed by Mr. Charles T. Travers, Vice President, requesting approval of the Final Map of Subdivision Unit No. 2, knbwn as Tract No. 1898 of the South Shore Development. President McCall stated this matter would. be discussed later in the meeting. 2. From Mrs. Jessie M. Shepard, itib Alameda Avenue, in protest against the passage of the proposed new Zoning Ordinance until it has been given further study and. revision. The communication was referred to the file on the subject. REPORTS OF OFFT FRS BOARDS TATCETLEA: , • . . 4 3. From City Planning Board, signed by Mr. A. Raymond Schoenfeld, Secretary, recom- mending approval of the Record of Survey Map submitted by MT. Walter L. Nelson, covering his property known. as 3263 Washington Street - provided a setback restriction of twenty feet be placed on the front yard, a three-foot, six-inch side yard be required on the westerly side, the drawings be remade to the proper dimensions as requested by the City Engineer and the sewer easement be shown on such revised map, as well as the ground surface elevations of said lot. Councilman Collischonn moved the Record. of Survey hap be approved as ..recommended by the Planning Board, subject to the several conditions stipulated. The motion was seconded by Councilman Petersen and on roll call carried. by the following vote. Ayes: Five. Noes: None. Absent: None. „• 0. From the City Manager, relative to the modification of A w greement ith Southern • Pacific Company, dated February 18, 1957, in connection with the improvement of Tilden. Way. This matter dad been discussed by the Council at its meeting of March 18, 1958 •-' • and at that time, was referred to the City Manager for further negotiations. Mr. Weller 's letter stated that, after several discussions with. the Company, it has been •• tentatively agreed the City's obligation be reduced by :1'':1,000, in connection with the •• • relocation costs, and. be relieved, in addition, of the estimated .11,1,11.00. charge •••• related to removal of the office facilities. In return for this concession, the City would permit the Company to lease Ide premises on the present site for a term of two •• • • • „.. years, with any extension of use to be at the City's discretion. Any minor altera- tions required in the building to provide adequate clearances would be undertaken at ..„ the sole expense of the Company. .... Mr. Annibale advised that any action should be a direction to the City Attorney to prepare a modification or to approve a modification. „.., Mr. Weller stated it s his understanding that the encroachment which is involved rill cost within, a range of d600-700. to change and he would suggest this modification be ,,,• • .•• approved on the basis that either Southern Pacific Company or the lessee be required • to pay this cost. There would have to be a „portion of the office building moved, and • • • it must be understood the City will not und.ertak© that part of the cost. Councilman --' • Freeman. thereupon. moved the modification be authorized as specified and the City Attorney he directed to prepare said document. Ide motion was seconded by Councilman • „•• Collischonn. „•• „• A. lengthy discussion was had, with Messrs. Weller, Annibale and Hanna explaining var- ious details of the situation, Councilman Collischonn stated he thought the City Manager should be commended upon an „..,.. excellent job of negotiation in this case - he certainly would not have thought Mr. .. • Weller could get a '1,000, reduction in this contract and he felt it was not only a moral obligation but it definitely was a legal obligation on the part of Ide City as ••' the Agreement stood originally. ...• •• • President McCall asked the City Engineer if the Tilden Way right-of-way will be clear „..„ .'•• • and free without any cost to the City et any time in Ide future as far as the .=';•outhern Pacific building is concerned, if this action is taken. Mr. Hanna stated de believes .• • .• that is the purpose of the City Manager's modification, which will reeuire this. • • „• The question . was :then put and on roll call the motion carried by the following vote. ,• ••••• .• Ayes: Pive. Noes: None. Absent: None. f From the City Manager, submitting a copy o a letter from Ide Advisory Golf Com- • mission, dated June %I., 1958 recomiending the ins'c—lation at City expense of new „••• carpeting to replace the worn carpeting in the pro shop and approximately one-half of the dining room, subject to the approval of the Golf Course Manager and Concession- , aires. Mr. 14eller's letter pointed out this question had been considered at the time of the budget revision and had been referred to the Commission for study. Also, the intent is to require all future installations to be at the expense of the Concession- aires. The estimated cost is approximately d';3,100. and provision therefor was made in the adjusted Golf Course budget. Councilman Freeman called the Council's attention to the fact that d33,100. is half the cost of completely furnishing the Golf Course Clubhouse originally. She stated that when the rugs were installed it was done with the thought in mind that it would keep the Concessionaires from possibly having a liable suit due to someone slipping on the bare floors and there as no intention of ever replacing them at City expense. Councilman Schacht inquired if carpets are the most suitable floor covering for this Particular operation or if there is some other type of floor covering which would, perhaps, be more serviceable, not mope expensive, and would give protection against the chance of slipning. Mr. Weller replied the Golf Commission and the Golf Manager have investigated four or five different basic kinds of floor coverinF and it is their recommendation that carpeting represents the best buy. He explained that what they have in mind is not carpeting in the ordinary sense - it is a carpet-mat which has about a half inch of hard rubber under it. He felt the recommendation of the Golf Commission is sound. Councilman Freeman said she would like to know where the City's responsibility comes into this matter - if the City is going to pay half the cost, why does it not pay all the cost or why does it nay any of the cost? She said she understood the Concession- aires were notified that the City was installing the rugs originally, but they would be responsible from then on. Mr. Annibale stated it was a matter of bargaining with the Concessionaires - whether or not it will be treated as a fixture or as an improvement put in by the Concession- aires. The City originally installed carpets and the Concessionaires rented the restaurant and shop with carpets - now a situation has been reached where, as a matter of fact, there is nocarpet - so it would be incumbent upon the City to replace it. However, the City can make certain the Concessionaires recognize the fact that any subsequent replacement will be done by them. Mr. Annibale stated that, insofar as the new rug is concerned, he felt the initial replacement is the responsibility of the City and if the City wants to absolve itself of liability for this in the future, it should now so state to the Concessionaires. President McCall expressed his opinion that this purchase by the City is justified now, but the s tipulation will be made that it is the responsibility of the Concession- aires to replace it - and he mentioned that the necessary amount to cover the cost is in the budget. Councilman Freeman stated she has one stipulation to make. At the time the carpet was installed, folding doors were supposed to be closed to keep traffic off the dining room area and concentrate it only in the coffee shop, which was not done. She felt, therefore, if the City is going to replace one-half the carpet now, then the other half of the dining room rug is the Concessionaire's responsibility to replace - not just the portion the City is replacing this time - but if and when the second half wears out, that also is the Concessionaire's responsibility. Councilman Collischonn concurred that Councilman Freeman's suggestion is sound and thereupon moved the recommendation of the Advisory Golf Commission be accepted and the City pay the cost of the replacement of the carpeting as specified. The motion was seconded by Councilman Petersen. Mr. Annibale explained this would be a direction to the City Manager to draw up Peci- fications for the carpets and inasmuch as the amount will be over one thousand dollars, it is required that bids be called for. It was clarified that the motion contains the two stipulations (1) the City shell never replace the carpeting again and (2) the City shall not be a part of replacing that portion of thee RrpetinF which is n ot now being replaced. Further, any future leases will contain said stipulations. The question was then put and on roll c all the motion carried by the following vote. Ayes: Five, Noes: None. Absent: None. (Y. From the City Manager, concerning the reuuest from residents on Waterton Street that parking be prohibited thereon in the block between Mound and Cohrt Streets. It was stated hoth the City Engineer and Chief of Police hove investigated the matter and recommend the request be granted. The matter was referred to "Introduction of Ordinances". 7. From the hecreation Commission, signed by Mr. Terry LaCroix, Chairman, express- ing appreciation for the suphbrt of Mr. Skiles and the petitioners with regard to completion of the Alameda Swim Center - and stating the Commission's position was indicated in its letter of June 6, to the Council. The communication was noted and referred to the file on the subject. 1 8. From the City Manager, recommending contract be awarded to San Leandro Rock Company, 157E ) Lake Chabot Road, San Leandro, low bidder, for furnishing fiscal year requirements of quarry Waste and Earth 11111 at the City Dump, at the prices of 'A-09 and %99, per ton, respectively. Councilman. Petersen moved the recommendation. be adopted; that contract be awarded to the specified firm for furnishing said items at the prices quoted and the bid bond or check be returned to the unsuccessful bidder. The motion was seconded by Councilman Schacht and on roll call carried '7. the following vote. Ayes: Five. Noes: None. Absent: None. /(-). Fror the City Manager, recommending contract be awarded to Gallagher c. Bur, Inc., sole bidder, for furnishing Medium Curin Plant-mixed Surfacing Paving Mixtures for the fiscal year ending June 30, 199, ot '5.95 per ton, plus four per cent sales tax. Councilman Schacht moved the recommennation be annroved; that contract be PnTarded the designated firm for furnishing this item a'.3 the price ducted. The motion nos seconded by Councilman Collischonn and on roll call carried by the fol_Lowing vote. Ayes: J'ive. Noes None. Absent: None. 410. From the City Manager, recommending contract be awarded to Pol-TelA Bros., Inc., low bidder, for furnishing fiscal year requirements of Portland Cement Concrete Transit Mix at the several unit prices quoted. Councilman Freeman moved. the recommendation be accepted; that contract be awarded to said firm for furnishing this material at the prices submitted and the bid. bond or check be returned to the unsuccessful bidder. The motion was seconded by Councilman: Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 7 `ill. From the City Manager, recommending contract be awarded to Mr. Lino 0. Lorenzetti, low bidder, for the project of Repairing of Portland Cement Concrete Sidewalk, Drive- way, Curb and Gutter during fiscal year 1958-59, at the total price of ;';3,997. Councilman Schacht moved the recommendation be adopted; that contract be awarded, to Mr. Lorenzetti for the specified project at the price quoted and the bid bond, or check be returned to the unsuccessful bidder. The motion was seconded by Councilman Freeman and on roll call carried by the following vote • Ayes: Five. Noes: None. Absent: None. 12. From the City Manager, recommending contract be awarded to Gallagher u, B T only bidder, for the project of Resurfacing and Repairing Asphalt and Bituminous Pavement during fiscal year 1958.-59, at the total price of Councilman Collischonn moved the recommendation be approved; that contract be awarded to the designated firm for the project specified at the price submitted. The motion was seconded hy Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 13. From the City Manager, recommending contract be awarded to Mr. Manuel E os, low. bidder, for the project of Installing House Laterals and other pertinent work during fiscal year 1958-59 at the total price for Schedules A and 13 of 06,795• Councilman Petersen moved the recommendation be approved; that contract be awarded to Mr. Enos for the specified projeCt at the prices quoted and the bid bond or check be returned to the unsUccessful bidder. The motion was seconded by Councilman. Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 14. From the City Manager, recommending contract be awarded to the following low bidders for the furnishing of certain Traffic Paint and Thinner during fiscal year 1958-59: Pacific Paint Varnish Co., White and Yellow Traffic Paint at $9.95 and 12.90 per gallon, respectively - and to Alameda Color Center, Red Traffic Paint and Thinner at 0L 5.75 per five gallons and .20 per gallon, respectively. Councilman Schacht moved the recommendation be adopted; that contracts be awarded to these two firms to furnish the specified items, respectively, at the prices quoted and the bid bonds or checks 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. 15. From the City Manager, recommending contracts be awarded to the following low bidders for furnishing Gasoline during fiscal year 1958-59: Union. Oil Compan Non- premium Gasoline at 1.1759 per 7a11on, and Tidewater Oil Company, Premlam Gasoline at '1.2061L per gallon. Councilman Collischonn moved the recommendation be accepted; that contracts be awarded to these two companies for the respective type of Gasoline at the prices submitted and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Freeman and on roll calI carried by the following vote. Ayes: Five, Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 16. Councilman Collischonn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance N. New Series An Ordinance Amending Section 17-333 of the Alameda Municipal Code by Adding Thereto Subdivision (24), Relating to All Time No Parking."(Southerly side only of Waterton Street, between Court and Mound Streets, extended) UNFINISHED BUSINESS: 17. The matter was presented concerning the adoption of the Tentative Budget for fiscal year 1958-59. Councilman Freeman recommended the Tentative Budget for the ensuing fiscal year be adopted, with amendments and specific amounts to be set forth before Seetember, 1958. Mr. Weiler called attention to one item which had not been resolved at the budget session - having to do with the Chamber of Commerce appropriation. He said he under- stands there is to be a letter forthcoming from the Chamber asking for a work session with the Council probably within the next week. Be said he would suggest the budget be adopted by resolution, and if the Council wishes to take such action this evening, it could simply omit that port of the budget - then, after the discussion with the Chamber representPtives, the Council could determine what it desires to do in this respect, ns a separate addition to the budget. He felt it would be advisable at this time not to include the Chamber allocation as a part of the motion. Following a discussion of several ramifications of the bud-et, and upon advice of the City Attorney that a simple motion would be sufficient, Councilman Freeman moved the Tentative Budget be accepted, with certain modifications to be made later, particularly with regard to the Chamber of Commerce appropriation. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. NOT BUSI7ESS: V Councilman Collischonn inquired if the Council should take up at this time the matter concerning the purchase of a certain strip of land 636.93 feet in length by 108 foot in width for a right-of-way in connection with Tract No.1250, Bay Farm Island. Mr. Annibale stated he is aware of the problem, but he would like more time to delve into the legal factors involved in the situation. If it is desired that the matter be placed on the agenda for the meeting of July 1, he will be prepared at that time. It was so ordered. 19. Councilman Petersen asked that the City Attorney submit a ruling on the s tatus of Section 12-6 of the Charter as to what the City's responsibility is under both the five and ten per cent formulae - because he thinks when the time comes for revising the Freeholders' Charter, some consideration should be given to this section whereby the City could obtain a more euuitable share of revenue. 20. Councilman Petersen mentioned that two of the City's most important Department Heads are retiring as of June 30, 1958, and he wondered if it would be possible for the Council to encourage a testimonial dinner in their honor sometime in the near future. He referred to Mos. Theodora L. Killinger, Librarian, nnd Mr. Thomas Y. Lane, Chief of the Fire Department, and pointed out each had been with the City for a great many years and had done an outstanding job. He felt the Councii shoaldnot miss this opportunity to give them the acclaim due them Cor their long years of City service. President McCall said he is sure all concur with this idea and suggested it be referred to the Chamber of Commerce for the necessary arrangements to be made for some affair to be held. He also felt Resolutions of Commendation and Certificates of Merit should be prepared for presentation to them at the regular meeting of July 1. The Clerk was instructed to direct a letter to the Chamber in this respect. It was so ordered. FESOLTITIO7S: 21. "Resolution No. Approving Final Nap of Subdivision Known as Unit No, 2, South Shore, Tract No. 1898, Submitted by South Shore Land Co." "'Resolution No. Authori2,1ng Execution of Agreement with South Snore Land Co. in the Matter of Completion of improvements in That Certain Subdivision Known as Unit No. 2, South Shore, 2ract No. 1898." President McCall stated all members of the Council had not had an opportunity to study the details o the Final Nap and he would, therefore, suggest these two resolutions be laid over to the next regular meeting. He felt that during the interim, all questions O1 the Councilmen should be itemized and submitted to the City Manager who, • in turn, could. discuss them with the City Engineer and City Attorney so they may be resolved at the time of the meeting. He felt this would expedite the situation. After some discussion, Mr. Annibale pointed out the time for consideration of the .• matter can be extended. by mutual consent of the subdivider and the City - and he asked Mr. Travers of South Shore Land Co. if he would agree to the extension of time to the next regular meeting of the City Council. When it was ascertained this would be July 1, a lengthy discussion ensued concerning the desirability of meeting in adjourned regular session on Tuesday, June 24. It was finally determined such would be done. Mr. Annibale again queried. of Mr. Travers if adjournment to an adjourned regular meet- ,• ing on June 2) is acceptable to the South Shore Land Co. and Mr. Travers replied in • the affirmative. Mr. Travers also urged the Councilmen to be sure to submit all of their questions prior to that time, especially those pertinent to technical matters, in order that he may have his engineers present to clarify such points if it is so desired. Through Mr. Annibale's interrogation, the record clearly shows the South Shore Land • Co., by Mr. Travers, consents to the continuance of the matter to the meeting to be held June 24. Mr. Weller stated it is possible, in connection with answering some of the questions .• which may be raised, the Council would like to have some professional men present, such as Professor Joe W. Johnson, Hydraulics Engineer of the University of California, or someone representing Dames c Moore, and he suggested this be decided upon now in order to set up those schedules. Councilman. Freeman felt these technicians should be present before the Council acts • on the Final Map, pointing up the fact that some of the lay-out shows drastic changes from the Tentative Map. She mentioned she was particularly concerned about certain corner lots which have been cut down to less than . sixty feet in frontages, as well as • other minor discrepancies. • It was the consensus the professional consultants should be in att ,dance. The following resolution was introduced by Councilman Petersen, whb moved its adoption: "Resolution No. 5797 A Resolution Appointing Engineer and Attorneys - Bay Farm Island. Assessment District No. 58-1." 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 followlng resolution was introduced by Councilman Petersen, who moved its ,•• adoption: .•• "Resolution No. 5 98 • A ResOlution of Preliminary Determination and of Intention - Bay Farm Island Assessment District ,• 8 No. 5-1." The motion to adopt said resolution was seconded by Councilman. Freeman and on roll caliL carried by the following vote. Ayes: Five. Noes: None. Absent: None. .• 4 24. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No 5799 A Resolution. of Preliminary Approval of Engineer's • Report - Bay Ferro Island Assessment District No. 58-1." 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. • 25.. The following resolution waS introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5800 A Resolution Establishing Prevailing Wage Scale - , - Bay .1,-Arm island Assessment District No. 58-1. n 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. 26j. .,..The following resolution was introduced by Councilman Petersen, who moved its .• • .• .• adoption: "Resolution No. 5801 A Resolution Apnointing Time and Place of Hearing Protests in Relation to Proposed Acquisitions and improvements and Directing Notice - Bay Farm Island Assessment District No. 58-1." 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. 27. The following, resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5802 A Resolution Calling for Sealed Proposals - Bay Farm Island Assessment District No. 58-1." 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 declared all of the foregoing resolutions, with the exception of the first two, duly adopted and passed. ORDINANCES FOR PASSAGE: 28. "Ordinance No. 1273, New Series An Ordinance Amending Section 17-333 of the Alameda Municipal Code by Adding Thereto Subdivision (23), Relating to All Time No Parking." (Emerson Terrace, commencing at the East line of Pare. Street) Councilman Collischonn moved the ordinance he adopted as read, The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None, Absent: None. 29. "Ordinance No. 1274, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (83) Through (97) to Section 17-h,32 Thereof, Relating to Stop Intersections." (In Tract No. 1866, South Shore) Councilman Petersen moved the ordinance be adopted as read. The motion was seconded by Councilman Schacht and on roll call carried bv the followinp vote. Ayes: Five. Noes: None, Absent: None. 30. "Ordinance No. 1275, New Series An Ordinance Amending Section 17-461 of the Alameda Municipal Code by Adding Subdivision (3) Thereto, Relating to Yield Tiiht-of- eJ Intersections." (In Tract No. 1866, South Shore) Councilman Schacht 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. FILTNG: "fl. Auditor's Financial Statement - City of Alameda, hv Hackleman L Larzelere. BILLS: at May 31, 1958 - Verified 32. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the total amount of ',323,25)L .34, 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 Petersen moved the bills as itemized in the List of Claims filed with the City Clerk on June 17, 1956, 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. Noes: None. Absent: None. 33. At this time, Mr. Hanna introduced Mr. Harry Shatto, Consulting L'ngineer, who is employed by the City in connection with the Bay Farm Island Assessment District. ADJOTI-Ni,iENT: YL. There beinr: no further bLsiness to come before the mr>etinr-, the Council 3i - to assemble in aujourned rer-ular session on Eluesday eveninp;, June 01, 195h, at 7:3C oiclock. Respectfully submitted,