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1958-08-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, AUGUST 5, 1958 The meeting convened at 7:30 o'clock p.m. with Vice President Petersen presiding. The Pledge of Allegiance was led by Councilman Collischonn and was followed by a most inspirational Invocation delivered by The Reverend Mr. Charles M. Lemmex, Pastor of the Westside Baptist Church. ROLL CALL: The roll was called and Councilmen Collischonn, Schacht and Vice President Petersen, (3), were noted present. Absent: Councilman Freeman and President McCall (2). MINUTES: 1. The minutes of the regular meetings held July 1, and July 15, 1958, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Hackleman & Larzelere, signed by Mr. George A. Hackleman, offering to per- form auditing services for the City during the current fiscal year under the same terms as contained in last year's agreement, which was for a total amount of $3,000. The matter was referred to "New Business" for further consideration. 3. From Empire Lumber & Fence Co., signed by Mr. J. H. Chancey, requesting permis- sion to erect a ten -foot fence on the Used Car Lot at 1650 Park Street. There being no objections, the request was referred to the City Manager for review and report. 4* Mrs. Carol D. White 200. Clinton Avenue, requesting • , , q g permission to con- struct a dock six feet wide and extending into the lagoon ten feet. • Mr. Hanna remarked that he had discussed the matter with Mr. Travers of Utah Con- struction Company who had said a single design for docks to be used along the entire south side of the lagoon was being worked on and he felt it would be desirable if uniform docks could be constructed on the north side, too, and prevent a conglomera- tion of design. Mr. Hanna stated that, in accordance with his interpretation of the drainage easement language, he felt nothing could be built out into the lagoon. He pointed out there will undoubtedly be other such requests. It has been suggested that this uniform design for docks on the south side will eventually have to come before the Planning Board for its review and, subsequently, the Council would estab- lish a policy for docks on the north side. He recommended Mrs. White be informed the matter is b eing laid over until further consideration can be given by the Planning Board and then the Council. In response to Councilman Collischonn's question, Mr. Annibale replied that the ease- ments which were granted to the City gave thereto the right to have storm water drainage flow across this land without obstruction of any kind, whatsoever, which gives to the City the power to determine what kind of dock, if any, shall be placed thereon. He concurred with Mr. Hanna that this is a problem which should be solved by the Council in the terms of a general resolution which the City Engineer's Depart- ment could administer thereafter. Mr. Weller suggested the City Engineer be requested to prepare a standard design - perhaps in conjunction with the Utah engineers - and submit it to the Council for its information and then it could be referred to the Planning Board for study and recommendation. Councilman Schacht inquired if it is within the province of the Council to allow or not allow certain docks along the lagoon. Mr. Annibale answered that if the City Engineer determines such docks constitute an obstruction to the storm water drainage system, then the Council, guided by the City Engineer, will determine what obstruc- tions it will allow. This would be in the terms of a Revocable Permit. It was agreed Mrs. White would be informed as to the reasons for the delay of any action on her request. Mr. Annibale stated he knows the City is going to be beset with many requests for these docking rights and a policy should be established whereby the City Engineer's office can proceed to grant the privilege of constructing a dock so the Council will not have to act on each of the individual cases. Councilman Collischonn thereupon moved the City Engineer be requested to work out a proposed standard design for docks along the lagoon to be presented to the Council within thirty days and, after review, it will be referred to the Planning Board for study and recommendation. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Councilmen Collischonn, Schacht and Vice President Petersen, (3). Noes: None. Absent: Councilman Freeman and President McCall, (2). 5. From Encinal Terminals, signed by Mr. S. M. Graham, Secretary, requesting per- mission to install two directional signs on Buena Vista Avenue at both Park and Webster Streets. Councilman Collischonn moved a Revocable Permit be granted to Encinal Terminals to erect the signs as designated in their letter of July 25, 1958. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Three. Noes,: None. Absent: Two. 6. From Alameda County Admission Day Celebration Committee, signed by Mr. Richard F. McCarthy, Chairman, requesting an appropriation of $100. as the City's share in the cost of a float representing all cities in the County of Alameda in the parade to be held at Sacramento on September 9, 1958. There being no objections, the matter was referred to the Alameda Chamber of Commerce for its disposition. 7. From Alameda Unified School District, signed by Mr. Charles A. Briscoe, Assistant Secretary, requesting cancellation of taxes on certain property in Tract No. 1866, South Shore. Mr. Weller explained this property will be jointly owned by the City and the School District for the purpose of a school -park site. Councilman Schacht suggested the matter be deferred until more definite information is available. It was developed a resolution would be prepared for Council action after the tax rate is established in September. 8:l Application for Permit to Fill Property at 554 Central Avenue with 10,000 cubic yards of concrete slabs, footings and sidewalk was submitted by Mr. F. M. Fessenden. The application was accompanied by a bond in the amount of $5,000. Councilman Schacht moved the application be granted and a Permit be issued to Mr. Fessenden to fill said property as indicated. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. 9. From Anthony Enterprises, Inc., Castro Valley, signed by Mr. John Anthony, requesting permission to erect ten -foot fences on properties at 1615 and 2617 Central Avenue to screen the swimming pools from certain old buildings at the rear of said properties. There being no objections, the matter was referred to the City Manager for review and report. 10. From Jones, Therm & Associates, Civil Engineers, signed by Mr. Calvin M. Jones, requesting variances from the 100 -foot width between the old sea wall or buildings on the north shore of the lagoon and the new sea wall in Tract No. 1866, South Shore Unit No. 1, at Fortress, Sandalwood and Glenwood Isles. Mr. Jones was called upon and he displayed a large scale map indicating the locations of the Isles affected and the exact reduced widths at these points as set forth in their letter dated August 4, 1958, as follows: 94, 99.1 and 91.5 feet, respectively. With regard to the Mansfield property from which the lagoon width would be 91.5 feet, Mr. Jones explained there would be no loss of water area as the lagoon will run under their house to the original beach elevation. Mr. Annibale inquired of Mr. Hanna if these changes will require any changes in the Final Map of Tract No. 1866, as approved by the Council. There was some discussion on this phase of the situation. Mr. Hanna stated the main point is that the actual construction is different than the requirement of a minimum width of 100 feet. It was finally determined there would be no necessity to change any dimensions on the Final Map. Vice President Petersen asked if this same type of encroachment would be encountered in the other units along the South Shore, to which Mr. Jones replied the sea wall has already been constructed in Unit II - it has been checked and there are no encroach- ments. The sea wall in Unit III is now being constructed and there will be no encroachments there. Councilman Collischonn moved the variances in the lagoon widths at the specified points be granted as requested. The motion was seconded by Councilman Schacht and on roll call carried by the following. vote. Ayes: Three. Noes: None. Absent: Two. ORAL COMMUNICATIONS: 11. Mr. Frank Gottstein, 731 Haight Avenue, protested against the double parking which occurs in his block just east of Webster Street, especially in view of the fact a large public off - street parking lot with plenty of spaces available is right there. He felt some action should be taken immediately to eliminate these violations. There being no objections, Vice President Petersen referred the matter to the City Manager for investigation by the Chief of Police. X18 12. Mrs. Ella May Waterbury, 338 Beach Road, asked about the extension of Beach Road improvements. She said she understands the Planning Board, at its meeting of July 28, discussed the "perimeter road" and decided it is no longer' feasible. She, there- fore, urged the Council to give this matter further consideration in the near future and continue the improvements to the end of Beach Road. In response to Mrs. Waterbury's questions, Mr. Hanna explained details involving installation of sewers and other utilities prior to street construction. It was brought out this would cover an additional two hundred ten feet of Beach Road, all of which is abutted by City -owned property. Mr. Annibale pointed out that since this is all City property, the entire cost would be borne by the City, either through an assessment district or through its own desire to put in the improvements - and this could be done at any time the Council so desires. He suggested that before the Council takes any action at all it should receive a report from the City Engineer and City Manager as to the desirability of making the improvements from an engineering standpoint and also from the financial standpoint. It was developed that since the "perimeter road" is incorporated in the Outline Master Plan, there would have to be a Public Hearing held before amending the Plan to delete said road. However, it was also pointed out there is no relation between this road and the improvement of Beach Road. Mr. Weller suggested, however, there ought to be some study made by the Planning Board of the desirability of this modification and, on that basis, perhaps the Council would want to refer the matter to the Board for a Hearing in conjunction with a pos- sible change in the Outline Master Plan. This would not constitute any particular commitment insofar as any future development by the City is concerned but the point is, if any change is to be made, the Outline Master Plan would have to be modified. If the Planning Board now believes this perimeter road is not going to be needed, Mr. Weller said he would think the Outline Master Plan ought to be amended anyway to bring it up to date. He concurred that the City Engineer ought to make a study of the feasibility of the project and mentioned there is also the problem of finances. After reports on these matters, it could be determined if funds would be available in the 1958 -59 budget, in the event the Council desired to proceed. It was determined the matter of the deletion of the perimeter road and, therefore, the required modification of the Outline Master Plan would be referred to the Planning Board for its action and, simultaneously, the City Engineer and City Manager would be instructed to make studies as to cost and practicability as to said extension. There being no objections, it was so ordered. Considerable discussion ensued concerning the potential sale of the City property involved and other phases of the development of this area. The possibility of expand- ing the Assessment District to include Fitchburg Avenue and the procedure involved also came up. It was pointed out time was of the essence if this were desired, as the contractors had started work on the project this date. Mr. Neil Clark outlined the negotiations which have been entered into over a period of years with regard to City property and the property in private ownership abutting. thereon. It was also pointed out a smaller assessment district could be formed later for the extension of Beach Road and the Fitchburg Avenue improvement. Mr. Hanna drew a sketch on the blackboard to further clarify the locations and boundaries in question. Mr. Annibale stated that if the only interest, however, is in the additional portion of Beach Road this can be taken care of at any time the Council so determines. He said he would recommend, and it is his opinion, there should be a change in the Out- line Master Plan before the Council attempts to install such improvements. Vice President Petersen concluded the discussion by assuring Mrs. Waterbury the matter will be referred to the Planning Board for it to hold a Public Hearing as soon as pos- sible and during the interim Messrs. Weller and Hanna would make a complete study and submit their reports - after which the Council can make its decision. Mrs. Waterbury stated she did not mean to imply the Beach Road residents were in any particular hurry - they merely wanted some assurance the improvements would be con- structed in the near future. REPORTS OF OFFICERS, BOARDS, ETCETERA: 13. From the City Planning Board, signed by Mr. Schoenfeld, Secretary, indicating its approval of the Estuary Recreational Development proposed by Pacific Bridge Com- pany under the regulations of a Planned Development District. The information was noted and the communication ordered filed. 1L. From Dr. Donald D. Lum, President of the Board of Education, requesting a leave of absence from his duties for the period from August 11 to October 1, 1958, as he will be in Europe. Councilman Schacht moved Dr. Lum be granted the leave of absence for the period speci- fied. The motion was seconded by Councilman Collischonn and unanimously carried. NEW BUSINESS: 15. The matter was presented for action concerning the offer of Hackleman & Larzelere to perform auditing services during fiscal year 1958 -59. Mr. Weller stated he is extremely well satisfied with the services of this firm. He pointed out, however, that as a matter of policy there should be some periodic change in the independent auditors employed by the City - merely as a means of affording a full measure of protection to the public there ought to be a change from time to time. Councilman Schacht moved the firm of Hackleman & Larzelere be employed as Certified Public Accountants during the fiscal year 1958 -59, pursuant to Sections 3-7(C), 12 -4(B) and 12 -4(C) of the Charter of the City of Alameda and the Mayor be authorized to enter into a contract upon the same terms and conditions with the same party as was entered into for the fiscal year 1957 -1958. The motion was seconded by Council- man Collischonn and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. vi 16. Mr. Hanna stated the following matter came to his attention just today and Council action should be taken at this meeting,if possible,in order to meet the tight schedule set for the opening of the South Shore Shopping Center. A large sign adver- tising said Center is to be constructed just west of Park Street, south of Otis Drive, the foundations of which will extend into the public right -of -way about four feet. The request for a Revocable: Permit has come from South Shore Center, Inc., for the use of this space for adequate support of the sign. Mr. Hanna explained further details by use of a blueprint plan and pointed out the foundation would be covered with three feet of soil. Councilman Collischonn moved a Revocable Permit be granted to South Shore Center, Inc., for the construction of this sign in conformance with the plans shown and filed with the City Clerk on August 5, 1958. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. 17. Upon request of Vice President Petersen, the Clerk read the "Editorial - Let's Be Practical About Bay 'Smog'," which appeared in the Alameda Times -Star this date. Vice President Petersen inquired if there is any action the Council or independent agencies can take to remedy the unhealthy conditions created at the City Dump by the prohibition of burning. Mr. Annibale replied the City, on its own, could send a letter to the Bay Area Air Pollution Control District Board with a copy of the Edi- torial and endorsing it in its entirety - or, perhaps this is something which really requires concerted action on the part of the cities affected and, through the medium of the Mayors' Conference or the East Bay Division of the League of California Cities, such action could be brought forward and a petition sent to the Board recommending that Rule 1 be rescinded or modified, as the Editorial suggests. Considerable discussion was had as to the method to follow to gain satisfactory results. Councilman Collischonn then moved that an appropriate letter be sent, together with a copy of the Editorial, and the City Manager be instructed to check into further steps to be taken in conjunction with other Bay Area cities. Councilman Schacht seconded the motion. Councilman Schacht expressed the hope that the Legislature can make some changes in this law and he felt the best chance to attain action in this respect would be through concerted effort of the League of California Cities. Reference was then made to Council action by "Resolution ", rather than merely a letter. Mr. Weller pointed out the present regulation against burning is aimed primarily at public agencies and he felt it could be suggested to either modify this ban to author- ize controlled burning or that subsequent regulations be put into effect to cover other causes of air pollution. He mentioned the great increase in the cost to the City of operating the Dump caused exclusively by the regulations of the Air Pollution Control District. He said it is obvious this increase, which will be reflected in the tax rate, is something for which this Council will be criticized and yet it is something over which it has no control. Mr. Weller said he would think the District ought to take further steps so everyone is receiving equal treatment - private indus- try, motor vehicles, etcetera, should be brought under control, too. Further discussion ensued and it was finally determined the City Attorney would pre- pare a resolution endorsing the statements of the Editorial with the exception of that portion of the last paragraph thereof which reads, "Alameda and the rest of the Bay area, with its natural air conditioning, is protected against the kind of smog condi- tions that have plagued Los Angeles." It had been brought out by Mr. Weller that experts in this field had indicated the potential smog conditions in the Bay area, to some extent, are worse than they are in Los Angeles. With the consent of Councilmen Collischonn and Schacht, the motion was amended to include that a resolution be prepared for immediate adoption and on roll call it was carried by the following vote. Ayes: Three. Noes: None. Absent: Two. The mat- ter was then referred to "Resolutions ". RESOLUTIONS: 18. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5830 Authorizing City Manager to Agree to and Accept Conditions Mentioned in Letter from Port of Oakland Regarding Emergency Exit Over Port of Oakland's Property on Bay Farm Island." The motion to adopt said resolution was-seconded-by Councilman -Schaoht and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. 19. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5831 Amending Salary Resolution No. 5814 by Abolishing One Position of Junior Stenographer-Clerk and Creating One Position of Senior Stenographer-Clerk in the Social Service Department." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two, 20. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5832 Adopting Specifications for Furnishing to the City of Alameda Athletic Supplies and Equipment for Recreation Department for the Fiscal Year Ending June 30, 1959, Calling for Bids and Directing City 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: Three. Noes: None. Absent: Two. 1 21. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5833 Resolution of the Council, on Its Own Initiative, to Refer to the City Planning Board for Action the Matter of the Reclassification of Certain Property at Lincoln Avenue and Stanton Street from the 'R-2, Two-Family Residence District' to the 'C-1, Neighborhood Business District'." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. 22. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5834 Resolution of the Council of the City of Alameda Urging the Modification of Regulation No. 1 of the Bay Area Air Pollution Control District, Relating to Open Dump Burning." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. Vice President Petersen declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 23. "Ordinance No. 1278, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (98) Through (113) to Section 17-432 Thereof, Relating to Stop Intersections." (South Shore Tract) 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: Three. Noes: None. Absent: Two. 4 24. "Ordinance No. 1279, New Series An Ordinance Amending Ordinance No, 1148, New Series, by Authorizing the Modification of the Agreement Authorized Therein, Said Modification Relating to Beach Slopes and the Northwesterly Terminus of the Perimeter Road." Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht. Speaking on the question, Vice President Petersen referred to the letter from Pro- fessor J. W. Johnson, Consulting Engineer, dated July 10, 1958, concerning the beach slopes and his connection therewith as a consultant to Dames and Moore, Soil Mechanics Engineers. Vice President Petersen said he was concerned about Professor Johnson's statement with regard to there being provided an adequate stockpile of sand and he inquired of the City Engineer in this respect. Mr. Hanna stated that when the City filled the Washington Park tidelands, such a stockpile was provided, primarily to reinforce the City's beach - but it also auto- matically reinforces the other beaches easterly thereof. Vice President Petersen also asked if the Reclamation District provided a stockpile for the beaches which are within the District itself. Mr. Hanna stated he believes that, originally, before the Washington Park area was to be filled, the District con- templated such a stockpile. However, when the City filled Washington Park tidelands and provided its own stockpile, which had to be "upstream" - in other words, the District's stockpile could not do the City any good, but the City's stockpile could help the District - Mr. Hanna said he believes the District's stockpile was either deleted or reduced considerably, due to the presence of the City's stockpile. Mr. Calvin Jones was asked if he had any further information on this subject and he indicated he did not. In response to Vice President Petersen's question concerning maintenance of the beaches, Mr. Annibale answered that, according to the Fill Agreement, Utah Construction Company and its assignees, the Reclamation District, are required to maintain the beaches for a three -year period after their acceptance and, furthermore, to bond themselves in accordance with Alameda Municipal Code Section 9 -313 to that end. Vice President Petersen also asked the City Attorney if, in his legal opinion, he considers the Reclamation District is obligated to maintain the beaches or the City is obligated to maintain them. Mr. Annibale replied it is his opinion that the District is required to maintain the beaches insofar as any physical damage or negligence or failure to adequately construct them is concerned. With regard to regular day -to- day maintenance of cleaning, this is the City's responsibility once the beach has been accepted. Vice President Petersen asked the City Engineer if the District is currently withdraw ing from its own stockpile or the City's. Mr. Hanna explained the District does not actually withdraw- it is what is called a littoral drift operation. The movement of water and sand along the beach is referred to as a littoral drift and it is the action of the water that pulls from the stockpile automatically and carries the sand grains slowly down the beach over a period of time. In response to the Vice President's further question, Mr. Hanna stated Professor Johnson and the firm of Dames and Moore have written a letter to the effect that the City stockpile is good for approximately thirty years. This is based on the size of the stockpile and the flatter slopes which exist out under the water than were at one time considered. Vice President Petersen asked if Mr. Hanna's intimation was that the original stock- pile the District had provided was not doing the job the City's did - to which Mr. Hanna replied, "No, had the District filled just its land and the City had not filled its tidelands, a stockpile should have been located at the District's most westerly and southwesterly corner - so the littoral drift, which is east, would serve the rest of the beach." However, when the City filled another one thousand feet of width of its land - then the City's stockpile not only protected the City beach but the Dis- trict's, too. Vice President Petersen remarked, "In other words, the City stockpile is guaranteeing the varied conditions that are set out in the contract,!' and Mr. Hanna agreed he would say, within limits, that is correct. The question was then put and the motion was carried on the following roll call vote. Ayes: Three. Noes: None. Absent: Two. FILING: 25. Specifications No. MS 8 -58 -10 - Furnishing Athletic Supplies and Equipment to Recreation Department - Fiscal Year 1958 -59. BILLS: 26. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the total amount of 43,999.30, 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 Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on August 5, 1958, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Three. Noes: None. Absent: Two. 2 ADJOURNMENT: 27. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, August 19, 1958, at 7:30 o'clock. Respectfully submitted,