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1958-11-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD WEDNESDAY EVENING, NOVEMBER 5, 1958 The meeting convened at 7 :30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman and followed by the delivery of an inspiring Invocation by The Reverend Mr. Harold Petroelje, Pastor, First Christian Reformed Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Schacht and President McCall, (4), were noted present. Absent: Councilman Petersen, (1). (Councilman Petersen came in later.) MINUTES: 1. The minutes of the regular meeting held October 21, 1958, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mr. S. Chesley Anderson, requesting the refund of a $10. -fee paid on fil- ing an Application for a Use Permit, which was later determined to be unnecessary. Councilman Schacht moved authorization be given to refund said fee to Mr. Anderson. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Petersen, (1). From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, confirming the understanding that the cost incurred by the City in procuring an easement across the "Christensen" property located in Unit III of the South Shore Project will be borne by the Company. Councilman Freeman asked about the legal procedure in this condemnation litigation, to which Mr. Hanson, Acting City Attorney, replied by explaining that the resolution covering this subject, which was adopted at the last meeting, is the standard type in matters of this nature where the South Shore is involved and the Company agrees to assume all of the expense and it covers the employment of legal counsel. There- fore, "Utah" and the Reclamation District will handle the matter, through their legal counsel. Councilman Freeman thereupon registered her criticism of such resolutions being presented at a Council meeting for action without the Councilmen having received copies thereof, together with maps and other pertinent data for study. She asked that, in the future, all such information be forwarded to the Councilmen at least by the Friday night delivery before the Council meeting. Following some discussion, it was suggested it would be more helpful if the City Attorney would send a memorandum to the Councilmen in clarification of the procedures involved in any particular situation. It was agreed this briefing would be sufficient. At this point, Councilman Petersen arrived and was noted present. Councilman Schacht pointed out the suit is being brought in the City's name, but at no expense to it. The South Shore Land Co. is employing counsel and giving the City adequate protection. He recalled that the Council, some time ago, had given a blanket authorization for these condemnation proceedings. He agreed, however, that a supplemental explanation of these matters might be in order. It was developed that the easement on the Christensen property does not involve the lagoon, but rather, it is across dry land. Councilman Petersen concurred with Councilman Freeman that too often the Council is asked to vote upon matters which it has not had time to study. He took issue with the manner in which this particular case was presented and stated he did not feel it was a "matter of routine business ". He felt the Councilmen should have the oppor- tunity to be informed fully on such matters. He stated he would like to know about this particular situation. Councilman Freeman reiterated her dislike of voting "cold" on any proposition which has legal aspects, and stated that, in the future when a similar situation arises, she would like to have a map and the legal opinion of the City Attorney in explana- tion thereof. Councilman Petersen stated that, under the circumstances, he would move that Resolu- tion No. 5859 be rescinded. Councilman Freeman said that in order to clear up the question and to get the City Attorney's legal opinion she would second themotion. She said further action could be taken only if suit had not already been started. Upon request, Mr. Hanna stated the problem has to do with the sanitary emergency over- flow serving the Krusi Pumping Plant. He explained that, in the past, there was a fifteen -inch pipe which discharged on the South Shore at the foot of Court Street and the filling in, of course, now blocks that discharge which, therefore, at this time runs directly into the lagoon at the extreme easterly end. There is no question at all but that some time this winter that overflow is going to function - it could function as a result of surcharging in the sewers by extra rain water or because of a mechanical failure of the pump itself. The East Bay Municipal Utility District is quite aware of this inasmuch as it is thinking of taking over the Pumping Plant and has called the City's attention to the public relations involved in this situation since it would be undesirable to have this overflow into the lagoon system. In order to connect the overflow to the main discharge from the lagoon system, it is necessary to cross about eighty feet of the Christensen property. An impasse has been reached in the negotiations between Utah and the Christensens. It is necessary to obtain this easement as it is the best route and it is necessary that there be an overflow connected to the main box culvert. Mr. Hanna said that, in order to proceed immedi- ately - Utah can begin construction very shortly - and due to the time element, he has recommended that the easement be taken as rapidly as possible. In response to Councilman Freeman's questions, Mr. Hanna stated it is sanitary sewage which is involved and the sewer system served by this Pumping Plant begins on Haw- thorne Street, runs down Clinton Avenue to Park Street, thence to Otis Drive and into Krusi Pumping Plant. He also pointed out the sewer system from the South Shore area has tied into the highland sewer system at Krusi. Councilman Freeman stated this is an added overload of the sewer system and in the Skidmore, Owings & Merrill report it was stated that South Shore sewers should never tie into the system at this point because the load could not be handled. In answer to Councilman Schacht's query, it was explained that the proper interpreta- tion of the motion would be that the City Attorney would prepare a resolution to rescind Resolution No. 5859, which could then be adopted at the next meeting. Councilman Schacht also inquired about the urgency of this matter, to which Mr. Hanna replied he thinks it is very urgent and added that the firm working on the matter has proceeded diligently during the last several days and the Engineering Department has been working closely with it in furnishing the necessary maps, legal descriptions and sample documents. The question was then put and the motion lost by the following vote. Ayes: Council- men Freeman and Petersen, (2). Noes: Councilmen Collischonn, Schacht and President McCall, (3). Absent: None. It was reiterated that all are in agreement that the Councilmen would like to be informed in advance concerning matters for Council action and it is incumbent upon the City Attorney, City Manager or City Engineer, should there be something on the agenda which requires further study before a recommendation can be made by them, to son otify the Council. Councilman Schacht thereupon made a motion to this effect. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 4:7 From Reclamation District 2087, signed by Mr. Charles T. Travers, President, requesting acceptance by the City of the South Shore Beach, between Park and Grand Streets, as of August 21, 1958. Councilman Freeman requested this matter be referred to the City Attorney for his recommendation. There being no objections, it was so ordered. 5. From Key System Transit Lines, signed by Mr. E. Sam Davis, Traffic Engineer, out- lining its proposed alternate route for the No. 64 San Jose Motor Coach Line to pro- vide public transportation to the South Shore Shopping Center and designating the schedule. It was stated that if this suggested route were approved, it would be necessary to eliminate parking on both sides of Willow Street between San Jose Avenue and Clinton Avenue during the hours when service is to be operated. Councilman Freeman stated she would like this matter referred to a Committee of the Whole meeting. However, President McCall reported to the Council on a meeting held on this subject at which time the following were present: Messrs. Davis and Potter of Key System; Mr. C. Phillip Nutzman, Chamber of Commerce; Mr. Arthur Duncan, Manager of the South Shore Center; and Mr. Gus Levy, representing the proprietors of the stores in the Center. He stated the result was that Mr. Davis had presented the proposed route as set forth in the subsequent letter, on a temporary basis, in . view of Christmas shoppers and the service it would provide to the majority of the people in the community. He pointed out the new route would eliminate service between Park and Willow Streets on San Jose Avenue but he felt it would give some transportation service to those south of Otis Drive who, heretofore, have had no public transportation at all. He said that everything done to generate sales in Ala- meda is returned to the City through sales tax revenue. President McCall mentioned this will also be of great benefit to the employees in the Shopping Center and he believes the Key System has tried to submit a satisfactory schedule. He did not think the burden would be too great for those living between Park and Willow Streets. He said that if favorable action is taken by the Council at this meeting, Mr. Davis is ready to appear before the Public Utilities Commission immediately for its approval and to establish the alternate route as quickly as possible. Councilman Freeman questioned the advisability of cutting out any transportation service already established. She said all discussions to date had b een to the effect that the No. 64 Line would travel south on Park Street, make a loop through the Shop- ping Center, return to Park Street via Otis Drive and thence north to San Jose Avenue and continue on the existing route. 464 Considerable discussion ensued with regard to the surveys of the passenger demand, alternate routes and time- schedules involved in this situation. Mr. Weller suggested that, in order to make some progress on the matter, a letter be written to Key System, the Public Utilities Commission - or both - indicating the Council has received and studied the presently proposed plan and it is acceptable to the City but it would much prefer to have established the route already submitted by the City, which would make a loop through the "Center" and still maintain the exist - ing route along San Jose Avenue - and the Council would like to have the Public Utili- ties Commission consider that plan. If the latter is not feasible, the City would like to know why. He felt that, otherwise, as has been indicated, the alternative route has already been mentioned to Mr. Davis, who has said it is not feasible, and if the Council holds to that one it would be expected the City would be turned down and, consequently, there would be further delay. If there are two proposals sub- mitted, with one being set up as preferential, possibly the Public Utilities Com- mission could be relied upon to give a satisfactory ruling. Following further discussion, Councilman Freeman moved a letter be written to Key System Transit Lines, with a copy to Public Utilities Commission, stating the Coun- cil has rejected the route outlined in its letter and requests the establishment of the route originally proposed by the Mayor - south on Park Street, through the Center, east on Otis Drive to Park Street and return to San Jose Avenue to continue the existing route. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 6. From Mr. Thomas L. Ferro, requesting the City to abandon that portion of Morton Street between Pacific and Buena Vista Avenues. Councilman Collischonn moved the City Attorney be instructed to prepare the necessary Resolution of Intention to vacate said portion of Morton Street. The motion was seconded by Councilman Schacht and unanimously carried. ORAL COMMUNICATIONS: 7, Mr. Frank Gottstein, ?31 Haight Avenue, again spoke at length of the dark approach to Posey Tube from the Oakland side, due to the newly completed overpass of Nimitz Freeway. He referred to the letter from the Division of Highways, dated October 23, 1958, in which it was stated that additional street lighting is not warranted, and he claimed this is not true. He expressed his appreciation to the City Manager and City Council for their efforts in connection with this problem and stated the light- ing in the Tube itself has certainly been improved but felt the entire project should have been completed by this time. President McCall stated it would be well to instruct the City Manager to transmit a copy of the letter from the Division of Highways to the Alameda County Board of Super- visors and suggest that it investigate this situation. He pointed out that after completion of the Second Tube the State Division of Highways will take over the operation and maintenance of Posey 'rube at that time. It was also suggested the City of Oakland be made aware of the situation and its cooperation solicited. It was so ordered. 8. Mrs. Carol Heche, 1521 Union Street, stated the "To Alameda" sign has dis- appeared or become invisible since the work on the new overpass- section of the Free- way started. She said she felt strangers to the area would not know just how to get to Alameda and there should be new signs erected along the Freeway itself at the - several turn -offs. It was suggested the City Engineer should investigate the situation and recommend a plan for adequate directional signs to Alameda. Councilman Collischonn felt all of these traffic matters - lighting, signs, etcetera - should be pursued in order to get some positive results. Mr. Weller was directed to incorporate this thinking in a letter to the several agencies involved-with the request for a reply. HEARINGS: 9. The matter was called up concerning the reclassification of certain property located on the east side of Willow Street, south of Clinton Avenue, owned by Dr. Paul R. and Mrs. Astrid E. Shumaker from "R -3PD ", Garden Apartment District, to "A -P ", Administrative- Professional District. The Hearing on the case had been con- tinued from the last meeting, at the request of the petitioner. The Planning Board has recommended denial of the rezoning. At this time, the Clerk read a letter from Dr. Shumaker, requesting a further con- tinuance of the Hearing on the matter. Councilman Schacht moved the Hearing be continued to the next regular meeting, to be held November 18, 1958. The motion was seconded by Councilman Freeman. Following some discussion on the question, Mr. Hanson explained that it is necessary to ascertain if there are any present who might object to the continuance and, also, in order to keep the present proceedings alive, the Hearing has to be officially continued so long as is desired. There being no protestants, the motion was then carried by the following vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 10. From the City Planning Board, signed by Mr. Robert L. Venable, Secretary pro tem, recommending the reclassification of property owned by Jalil and Wadad Jaber, known as the first parcel east of 704 Flower Lane - from "C -1't , Neighborhood Business Dis- trict, to "R -2 ", Two- Family Residence District. Councilman Collischonn moved the date of Hearing on this matter be set for the regu- lar meeting to be held November 18, 1958. The motion was seconded by Councilman Petersen and unanimously carried. 11. From the Recreation Commission, signed by Mr. Terry LaCroix, Chairman, informing the Council there were no protests against the proposed installation of an F9F -6 Jet Plane in Krusi Park and it, therefore, heartily recommends this project as offered by the Alameda Junior Chamber of Commerce. It was,also stated Lockheed Aircraft Company will paint and make secure the plane and the "Jaycees" will make arrangements for transportation and necessary safety features., .It is desired to accomplish all work on this project during November and, therefore, it is requested that the Council take favorable action at this meeting. Councilman Schacht moved the acceptance of the recommendation of the Recreation Com- mission, subject to notification from the City Attorney that the City is adequately protected by public liability insurance. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. President McCall commended the Alameda Junior Chamber of Commerce for undertaking this project for the pleasure of the children. 12. From the City Manager, suggesting the single bid received be rejected and a call for bids be re- advertised for the furnishing of five Sedans to the Police Department. Councilman Freeman moved the Council authorize another call for bids and advertise accordingly. The motion was seconded by Councilman Schacht. The Clerk stated there was a resolution on the agenda covering this matter. There was some discussion concerning the desirability of the automatic transmission as compared to the standard shift. Mr. Weller explained that probably the automatic shift would be preferred because it would be easier to handle and the primary con- sideration is, from the maintenance cost generally in this type of operation, that the cost would be lower with an automatic shift. The question was then put and the motion carried on the following vote. Ayes: Five. Noes: None. Absent: None. Mr. Weller stated he understands it is a City policy to. reject any bid when there is only one received in response to a call. He pointed out this is not the reason for his recommendation in this case - and if such is the Council's. policy, he would sug- gest it be reconsidered. He, personally, feels that, except in unusual circumstances, anyone who, in good faith, spends his time and money to prepare a bid in response to the City's call is entitled to consideration, even though it might be a single bid. If only one is received and is rejected on that basis, it has then exposed the bid of that party and puts him at an unfair disadvantage. If this policy were followed con- sistently, it would not be long before the City would find itself at a disadvantage when bids were called for, because the City would either not be getting bids at all or they would not be as advantageous to the City as they might otherwise be. He said he believes the number of bids received is not a proper criterion for the considera- tion - there are instances where it is logical there would be only one bid. There are a few instances, and this is one of them, where only one bid does not give the City a complete opportunity to determine what is the best offer. Each case ought to carry itself on its own merit, and if this has been the policy of the City in the past it ought to be restudied and, perhaps, changed. Some discussion ensued and it was determined that, henceforth, there would be no such policy. The matter was then referred to "Resolutions ". J 13. From the City Manager, reporting all work satisfactorily completed on the project of Constructing and Widening Willow Street, south of Clinton Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Collischonn moved the work on this specified project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Petersen and unanimously carried. 14. From the City Planning Board,'signed by Mr. Schoenfeld, Secretary, recommending approval of the Record of Survey Map submitted by Mrs. Carol Heche, covering property located at 1285 Weber Street - on condition the Map be submitted in a form acceptable to the City Engineer and off- street parking be prohibited within the easement. Councilman Freeman moved the Board's recommendation be adopted; that said Record of Survey Map be approved subject to the stipulated conditions. The motion was seconded by Councilman Schacht and on roll call c arried by the following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 15. The following ordinance was introduced by Councilman Collischonn, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing the Sale of Certain City - Owned Real Property to the Alaska Packers Association (Encinal Housing Project -- 22.3 Acres) ." Certain details of the Agreement of Sale were discussed and clarified. NEW BUSINESS: 16. Councilman Petersen referred to certain revised figures of the Budget for 1958- 1959 and inquired about the $130,000. now shown in the Contingent Fund as compared to the original sum of $30,000. Mr. Weller explained this is primarily the result of increasing the tax rate from $2.20 to $2.44. 17. Councilman Schacht stated the resolution on the agenda in commendation of Mr. Steven Gutowski had been prepared at his request. Mr. Gutowski had rescued little "Ricky" Campbell from a power pole on October 11, 1957, for which he has received-. an award from the 1957 Carnegie Hero Fund. RESOLUTIONS: 18. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5860 Resolution of the Council of the City of Alameda in Recognition and Commendation of the Heroism of Mr. Steven Gutowski "WHEREAS, on October 11, 1957, MR. STEVEN GUTOWSKI, an employee of the Department of Public Utilities, now retired, displayed great courage and presence of mind in personally rescuing a small boy from his perilous position on a power pole where he was surrounded by high voltage wires; and "WHEREAS, Mr. Gutowski's act of fearlessness saved the life of this child, for which heroic courage he has received national recognition in hav- ing been awarded the Bronze Medal bestowed through the 1957 Carnegie Hero Fund. "NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Alameda, on behalf of the people of the City, does hereby recognize the valor exemplified by Mr. Gutowski in averting further tragedy in this dangerous situation, and extends its sincere congratulations and commenda- tion for his meritorious act. "BE IT FURTHER RESOLVED, that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to Mr. Gutowski as an expression of the heartfelt gratitude and plaudits he so richly deserves for his bravery." 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. 19. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5861 Adopting Specifications for Furnishing to the City of Alameda One New, 42 -Inch Dry Diazo -type White Printing Machine, and Installing the Unit, Including Duct Work, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 20. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5862 Adopting Specifications for Furnishing to the City of Alameda Five (5) New, 1959 Latest Model, Eight- Cylinder Four -door Sedans, with Standard Shift, or Alternate, or Automatic Transmission, for the Police Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 21. "Ordinance No. 1285, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning.Ordinance No. 1277, New Series." (Fernside Boulevard and Versailles Avenue - Standard Oil Company of California) Councilman Schacht moved the ordinance be adopted as submitted. The motion was seconded by Councilman Freeman and on roll call carried by the following. vote. Ayes: Five. Noes: None. Absent: None. In connection with this reclassification of property, subsequent discussion and clari- fication by the City Attorney developed the fact that during the Hearing on the sub- ject at the last meeting, it was determined the "ML" District regulations are to be amended to permit the operations, of Signal Oil Company in that District - rather than in the "M -1 District. Consequently, it is the responsibility of the City to initiate the introduction of an ordinance amending Ordinance No. 1277, New Series. Then, after its adoption and when it becomes effective, Standard Oil Company is to request a rezoning to the more restrictive "ML" District. The City Attorney was thereupon instructed to prepare said ordinance__for introduction and further action can proceed from that point. FILING: 22. Agreement of Sale - ,Between City of Alameda and Alaska Packers Association - 22.3 Acres of former Encinal Housing Project site. 23. Specifications No. MS 11 -58 -12 - for Furnishing One New Printing Machine for the Engineering Department. 24. Specifications No. MS 11 -58 -13 - for Furnishing Five New 1959 Four -Door Sedans for the Police Department. BILLS: 25. An itemized List. of Claims against the City of Alameda and the Departments thereof, in the amount of $83,413.32, and a Supplementary List in the amount of $539.45, were submitted to the Council at this meeting. The lists were accompanied by certification from the City Manager that the Claims shown were correct. Councilman Petersen moved the bills as itemized in the Lists of Claims filed with the City Clerk on November 5, 1958, 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. 26. At this point, President McCall stated he would like to commend the "Jaycees" for its "Get- Out - The - Vote " campaign prior to the recent General Election. He com- mented the organization did an excellent job in getting voters to the polls and he felt it should receive a letter of commendation from the Council for its outstanding effort. 27. President McCall regretfully announced the death of Mr. Leslie Painter, Cub Scout Commissioner, and spoke of the tremendous job he had done in the field of Scout- ing. He eulogized Mr. Painter for his community activities, especially with youth groups. President McCall asked that the Clerk send a letter of condolence, on behalf of the Council, to Mrs. Painter. The audience was then called up for a moment of silence in respect to the memory of Mr. Leslie Painter. ADJOURNMENT: 28. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, November 18, 1958, at 7:30 o'clock. Respectfully submitted,