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1957-06-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, JUNE 18, 1957 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was lead by Councilman Freeman, followed by the Invocation delivered by the Reverend Mr. Thomas Weir of the First Christian Church. At this point, the newly appointed Councilman, Mr. Richard P. Schacht, took his Oath of Office and assumed his seat on the City Council. ROLL CALL: The roll was called and Councilmen Freeman, Haag, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held June 4, 1957, were approved as tra scribed. OPENING OF BIDS: 2. Two bids were received and read for the Furnishing of Lawn Mowing Equipment for the New Municipal Golf Course, in accordance with Specifications and Provisions No. MS 6-57-20, as follows: From California Toro Company - - - 845.52 Accompanied by certified check in amount of 100.00 From H. V. Carter Co., Inc. - - - 1,010.88 Accompanied by certified check in amount of 100.00 31i Three bids were submitted and read for the Furnishing of One Ambulance-Station Wagon for the First Aid Department, in accordance with Specifications and Provisions therefor, No. MS 6-57-21, as follows: It From Alameda Motors - - - 4 170.90 Accompanied by cashier's check in amount of 415.00 From Superior Coach & Ambulance Sales Co. 4,038.24 Accompanied by a Bid Bond From Remmer & Jordan Pontiac - - - 4,644.25 Accompanied by certified check in amount of 474.43 The foregoing bids were referred to the City Manager and City Engineer for study and recommendation. WRITTEN COMMUNICATIONS: 4. From Mr, John Anthony, 2801 Otis Drive, requesting permission to erect a fence eight feet in height along the Versailles Avenue frontage of his property, as a wind- break for lois patio. The matter was referred to the Assistant Planning Director for his inspection and report at the next meeting. 5. From The Citizens' Advisory Committee on Local Housing, signed by Mr. Hugh H. Tebault, Chairman, informing the Council concerning the rehabilitation program being established. The information was noted with interest and President McCall expressed the hope of the Council that good results can be accomplished. The communication was then referred to the file on the subject. 6. From Utah Construction Company, signed by Mr. Charles T. Travers, with regard to the condemnation of drainage easements for the South Shore Lagoon System. 7. From Hadsell, Murman & Bishop, signed by Mr. Dan Hadsell, with regard to the easements for the Lagoon System - and the questionnaire sent out by the City Attorney in this respect. In connection with the two foregoing letters, copies of correspondence between "Utah" and Mr. Hadsell had been received just this date. The foregoing letters with regard to the easements for the Lagoon System were referred to "New Business" for further consideration at that time. 8:1 From the City of Oakland, signed by Mr. Wayne E. Thompson, City Manager, request- ing Council's approval of the City's payment of t117,989. as its share of the cost of operating the Fireboat for protection of properties along the Alameda side of the Estuary during the fiscal year 1957-1958. Said expense is based on 8.97 per cent of the total assessed valuation of property in the City of Alameda. Upon request, Mr. Froerer stated the proposition for sharing the operational cost of the Fireboat had been initiated by the City of Oakland some months ago. He pointed out that, if the services of the Fireboat are denied the City, Alameda would be taken out of Class 3 of the insurance Ratings, which benefits it now enjoys. He emphasized the Fireboat assuredly provides much needed protection. Mr. Froerer suggested the matter be referred to the Budget file - and it was so ordered. 9. From the Alameda Real Estate Board, urging the Council to expedite the develop- ment of the South Shore for the good of all taxpayers of the City. The communication was noted and ordered filed. ORAL COMMUNICATIONS: 10. Mr. Frank Gottstein, 731 Haight Avenue, spoke in protest against people park- ing in front of his driveway - and reiterated that some method should be devised to allow all-day parking in the Municipal Lot on Haight Avenue. Mr. Froerer stated this matter is being investigated and as soon as reports are com- plete he would forward them to the Council for its information. He said the City had to send two meters back to the factory to ascertain if they can be converted to the desired type - and sufficient information has not been received to date to make an adequate report. 1l' James Wiley, 1232 St. Charles Street, asked for the opportunity to speak under the heading of "New Business" when the South Shore matter will be discussed - and it was indicated her request would be granted. 12. Mr. Edmond L. Plonczak, 3209 Otis Drive, vigorously protested against the noise created by Utah Dredging Company in its yard located on the south side of Otis Drive, and asked why it is allowed to go on. President McCall explained that Utah has agreed to be out of this location by the end of December, 1957. Councilman Petersen stated he had checked the Police Department reports and on the evenings of,May 21 and June 11, the noise had ceased by the time the police officer had arrived at the site - but last night, Mr. Plonczak had again called the police and the officer had reported there was a great deal of noise. In response to President McCall's question as to the effectiveness of the nuisance ordinance, Mr. Annibale replied the provisions of the Code would generally apply - and also, if Utah were not abiding by the terms of the Use Permit, the Council could revoke the Permit. Councilman Petersen suggested the City request Utah. Dredging Company to discontinue its work during the evenings and on Sundays. Mr. E. C. Mower, representing Utah Dredging Company, stated this is the first time this matter has been called to his attention and he assured the Council Utah will take care of the situation. He said occasionally there is an emergency, but ordin- arily there should be no evening or Sunday work. The City Attorney was asked to forward to Utah Dredging Company a copy of the sec- tion of the Municipal Code relating to public nuisances. HEARINGS: 13. The matter was called up concerning the abatement of public nuisances - dila- pidated buildings (arks) known as 2411, 2409i, 2407i and 2407 Harrison Avenue. The City Attorney asked that the Hearing on these several cases be continued to the Council meeting to be held July 2, 1957 - and it was so ordered. 14. The matter was called up with regard to the abatement of a public nuisance - a dilapidated building known as 2256 Pacific Avenue, owned by Mr. Neil Madsen. The owner was present and was represented by Mr. R. P. Harrison. A stenotype operator was present to officially record the proceedings, and the tran- script thereof is, by reference, made a part of the minutes of this meeting. Mr. Harrison again requested an extension of thirty days' time in order that his client might have further opportunity to try to dispose of the property. After some discussion, Councilman Petersen moved that the thirty-day extension of time be granted and also, that the utilities or equipment specified as dangerous to health and life not be used. The motion was seconded by Councilman Freeman and unanimously carried. The Hearing was, therefore, continued to the Council meeting to be held July 16, 1957. REPORTS OF COMMITTEES: 15. From the City Planning Board, signed by Mr. Robert L. Venable, Secretary, recom- mending the reclassification of certain property, more particularly described in the petition, from the "A" One-Family Dwelling District to the "E" General Business Dis- trict, for the purpose of establishing a regional shopping center. The petition was filed by South Shore Center, Inc. The matter was referred to "Ordinances for introduction". 16"( From the City Manager, recommending contracts be awarded to Shell Oil Company and to Tidewater Oil Company, low bidders respectively, for furnishing Non-Premium and Ethyl Gasoline during the fiscal year 1957-1958. Councilman Freeman moved the City Manager's recommendation be adopted; that con- tracts be awarded to the two firms designated for furnishing gasoline during the ensuing fiscal year at the prices quoted and the bid bonds or chocks be returned to the unsuccessful bidders. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None, 17. From the City Manager, recommending contracts be awarded to Alameda Color Center and to Pacific Paint & Varnish Co., low bidders respectively, for furnishing certain paint and thinner during the fiscal year 1957-1958. Councilman Petersen moved the City Manager's recommendation be approved; that con- tracts be awarded to the specified firms for furnishing the designated items at the prices quoted and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Schacht and on roll call carried by the fol- lowing vote. Ayes: Five. Noes: None. Absent: None. 18. From the City Manager, recommending contract be awarded to H. V. Carter Co., Inc., low bidder, for furnishing a Sod Cutter to the Golf Department at the price of (1)95. Councilman Schacht moved the City Manager's recommendation be accepted; that contract be awarded to this Company for furnishing the equipment in question at the price quoted, and the bid bond or check be returned to the unsuccessful bidder. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. 19. From the City Manager, reporting the project of filling the tidelands west of 554 Central Avenue has been satisfactorily completed and recommending that J. Henry Harris be released from his bond. Councilman Haag moved the City Manager's recommendation be approved; that said fill be accepted and J. Henry Harris be released from his bond. The motion was seconded by Councilman Freeman and unanimously carried. 20: From the City Manager, submitting "City of Alameda, California, General Condi- tions of Sale, Encinal Project Property, CAL-4113, June 1), 1957", and other documents fixing the minimum price of 8762,860. as acceptable for sale of this property. Councilman Freeman stated she could not understand how the minimum price of 8762,860. could be set when the City had expended over $900,000. on this property. Mr. Froerer stated copies of certain documents have been forwarded to the Councilmen in which there are set forth certain objectives of the City. One of the principal objectives is to secure worthwhile industry for this area which will provide good employment for citizens of Alameda. He pointed out the estimated sum of $162,583. needed for road and drainage improvements would probably be provided through the five- eighths gasoline tax. He said the City could build an industrial highway from that source of funds and it is a common practice to improve such roads, streets and high- ways. However, if the City did not wish to impose these conditions of sale, or if they were not met by the bidders, the property could be sold for $8,000. per acre. Mr. Froerer stated these prices are the result of having discussed the matter with many representatives of railroad companies and Encinal Terminals. Also, the Alameda Chamber of Commerce has reviewed the conditions of sale and it is its opinion that it is to the best interests of the City to try to obtain the several objectives. When called upon for comment, Mr. Stanley D. Whitney said the only remark he had to make was to "adopt the resolution, let the matter go to bid and if the Council does not like the bids, reject them". The matter was referred to "Resolutions". 21. From the Bureau of Electricity, Department of Pubiic Utilities, signed by Mr. C. A. Baxter, General Manager, enclosing copy of its Resolution No. 1717, "Adopting Budget for Department of Public Utilities, City of Alameda, for Fiscal Year Ending June 30, 1958". The matter was referred to the Budget file. 22. From the Bureau of Electricity, Department of Public Utilities, signed by Mr. G. A. Baxter, General Manager, submitting copy of its Resolution No. 1718, "Trans- ferring t590633.48 from the Bureau of Electricity Fund to the General Fund of the City of Alameda" - and the Public Utilities Board requested permission to retain in the Bureau of Electricity Fund all earnings in excess of $595,633.48 for the fiscal year ending June 30, 1957. Mr. Froerer explained this request is in accordance with provisions of the Charter. Councilman Haag moved the request of the Public Utilities Board be granted and it be permitted to retain in its Fund all o arnings in excess of the stipulated amount for this fiscal year. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23. From the Social Service Board, signed by Mrs. Phyllis McCoskey, Executive Sec- retary, recommending that administrative services necessary for the performance of the Board work be contracted for with the Alameda Family Service Agency, at the rate of $3,000. per annum. Mr. Froerer explained that Mrs. McCoskey is retiring as of July 1. She has been a full -time employee - but in view of the fact that a skilled Social Service worker is being employed by the Family Service Agency, whose activities are closely related to those of the Board, this contract would effect quite an economy in the operation of the Board. Councilman Freeman moved the recommendation of the Social Service Board be adopted and a contract be entered into for the necessary services at the annual fee men- tioned. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 2lf. From the Advisory Golf Commission, signed by Elliot Peterson, Secretary, dated June 17, 1957, giving a resume of the establishment and development of the Municipal Golf Courses and submitting certain suggestions with regard to their future management. Councilman Haag suggested the matter be referred to the Committee of the Whole - and it was so ordered. 2 From Mr. Forrest V. Routt, Jr., Executive Secretary, Civil Service Board, con- cerning the review by the Board of various group health and life insurance plans. It was stated the Board is not yet prepared to submit its findings, but it was noted the cost of the employee premium in most of the plans studied amounted to slightly in excess of five dollars per employee per month. It was agreed the Council would await further report on this matter when the Board has completed its review of the subject. 26. From Mr. Forrest V. Routt, Jr., Executive Secretary Civil Service Board, for- warding, without recommendation, the request of the Alameda Fireman's Association Hours Committee for a shorter work week. The letter was accompanied by a compila- tion of a survey of conditions in Alameda and other East Bay cities. It was stated the information is submitted with the thought the Council may wish to include the Fire Department working hours as a subject for study during the next fiscal year. President McCall stated the matter would be referred to the file for future consi- deration. 2 From the City Manager, recommending contract be awarded to Laher Spring & Tire Corporation, low bidder, for furnishing Automobile and Truck Tires and Tubes during the fiscal year 1957 -1958. Councilman Schacht moved the City Manager's recommendation be adopted; that contract be awarded to the designated low bidder and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Haag and on roll cal carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. From the City Manager, recommending the purchase of the various sizes of Auto- motive Batteries during the fiscal year 1957 -1958 be made from the following several firms: Laher Spring & Tire Corporation, Oakland; Everett Street Service, Alameda; Sears Roebuck and Co., Oakland; Steve's Service, Alameda. It was requested that authorization be given to dispense with contracts and to purchase the batteries by purchase order, as the amount of any individual bid is less than 81,000. Councilman Haag moved the City Manager's recommendation be approved and his request be granted that the batteries be purchased through purchase order only, inasmuch as the sum involved for each company is less than 81,000. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 29. Councilman Freeman introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying Property by Adding Section 82 to Ordinance No. 725, New Series." (South Shore Shopping Center) UNFINISHED BUSINESS: 30. Laid over from the last meeting was the request from Cpl. Leonard B. Hollywood Post No. 939, Inc., VFW, for permission to sponsor the West Coast Shows Carnival to be held from July 9 through July 14, 1957. Copies of a report on the subject from the Chief of Police had been transmitted by the City Manager, in which he had recommended against issuance of the permit for the carnival. Mr. Robert Lofstrand, 752 Pacific Avenue, protested against the carnival being held in Alameda, stating it would not benefit anyone but the carnival itself. Mr. Annibale pointed out that, under the present laws and ordinances, and so long as the necessary license fees are paid, the City cannot deny issuance of a permit. He said one recourse of the City is to enact an ordinance regulating or prohibiting such carnivals, and the second measure is that, at the first instance of public nuisance being committed, the Chief of Police has the right to close the carnival. Councilman Schacht asked what the license fee is and Mr. Annibale replied, "250. per day". Councilman Petersen said that, in light of the recommendation of the Chief of Police, he would ask that the City Attorney check into the matter of establishing more definite regulations for carnivals. Councilman Haag said he did not see what more stringent regulations could be imposed - he felt there could be no question but that the carnival be policed. President McCall stated the matter would be held over to the next meeting. 31V . The matter was called up concerning the suggestion from the Alameda Chamber of Commerce that a parking lot directional sign program be investigated in order that residents may be made more aware of parking locations. The subject had been laid_ over from the meeting of May 21. Mr. Froerer verbally reported it would cost about 3OQ. to put the program into effect. He stated a full report would be sent to the Councilmen this next Friday night. The matter was laid over to the next meeting. 32. Laid over from the meeting of June L, was the matter of the recommendation of the City Planning Board that the Council review the legislation with regard to a Regional Planning District as set up in Assembly Bill 3860. Further information on the subject was contained in the Board's letter dated June 17, signed by Mr. Robert L. Venable, Secretary, to the effect that the Bill has an excellent chance of receiving the Governor's approval and suggesting the Council may desire to adopt a resolution endorsing or disapproving the Bill. Councilman Petersen asked if the Planning District powers would supersede those of the City, and he stated he was not in favor of centralized Government. Mr. Venable stated he understands the Bill is similar to that which established the Air Pollution Control District. Mr. Annibale explained the regulations of the Air Pollution Con- trol District would supersede the powers of the City in certain respects. In response to President McCall's query, Mr. Annibale answered that he had not read AB 3860, President McCall suggested the City Attorney review the Bill and submit a report thereon before the Council takes any action. It was so ordered. 33. At this point, President McCall introduced Assemblyman Robert W. Crown and wel- comed him to the meeting. Mr. Crown responded very graciously and stated that, as a freshman in Sacramento during this past session of the Legislature, ho did not think anyone else had received the support from his district that he had. Ho mentioned particularly the help given by Mr. Stanley D. Whitney, President of the Chamber of Commerce; Mr. Froerer, City Manager; The Honorable William M. McCall, Mayor; and "all of you". He said this support, in no small part, was an important factor in having the Governor sign a Bill Clearing the way for another Tube and also, the pass- age of a Bill providing one million dollars for the establishment of a new beach along the South Shore of Alameda. NEW BUSINESS: J 34. The matter was called up concerning the request from the Board of Trustees of Reclamation District No. 2087 that the City condemn the drainage easements necessary in the development of the South Shore Lagoon System. This was contained in the Board's letter dated June 4, 1957. In this connection, copies of letters had been sent to the Councilmen from the fol- lowing: Utah Construction Company, dated June 11 and June 18; Hadsell, Murman Bishop, dated. June 12; and a memo from the City Attorney, accompanied by a copy of the questionnaire sent to the owners of property involved. A stenotype operator was present to officially record the discussion and a transcript thereof is, by reference, made a part of the minutes of this meeting. In view of the fact that Councilman Schacht had not had an opportunity to review the entire situation and was not familiar with all details, it was determined that this matter would be laid over to the adjourned regular meeting to be held June 25, and would come up for further consideration under the heading of "Unfinished Business". RESOLUTIONS: 35. The following resolution was introduced by Councilman Haag, who moved its adoption: "Resolution No. 5635 Adopting Budget, Approving and Authorizing Execution of Memorandum of Agreement with State of California for Expenditure of Engineering Allocation for City Streets (Sec. 2107.5 Streets and Highways Code)." 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. 36. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5636 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 Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 37. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5637 Resolution of the Council of the City of Alameda Authorizing Sale of Certain City-owned Real Property (Encinal Housing Project)." The motion to adoptaaid resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. President McCall thereupon declared all of the foregoing resolutions duly adopted and passed. FILING: 38. Memorandum of Agreement for Expenditure of Engineering Allocation for City Streets - Between City of Alameda and Department of Public Works, State of California. 39. Financial Statement - Bureau of Electricity, as of April 30, 1957 - Verified by George A. Hackleman & Co. 40. Auditor's Financial Statement - City of Alameda, as of May 31, 1957 - Verified by George A. Hackleman & Co. BILLS: 41. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $50,922.05, 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 Haag moved the bills as itemized in the List of Claims filed with the City Clerk on June 18, 1957, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 142. There being no further business to come before the meeting, the Council adjourned - to assemble in adjourned regular session on Tuesday evening, June 25 1957, at 7:30 o'clock. Respectfully submitted,