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1954-08-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, AUGUST 17, 1954 The meeting convened at 8:00 o'clock P. M. with President Sweeney presiding. The Pledge of Allegiance was lead by Councilman Jones, ROLL CALL: The roll was called and Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held August 3, 19, were approved as transcribed. WRITTEN COMMUNICATIONS: 2Y' From Western Advertising System, Inc., requesting permission to place 10 to 15 benches at bus stops on a trial basis. It was pointed out that it does not place competitive advertising in front of another business of the same type, it does not solicit any beer,wine or liquor advertising and it does not bring in advertising from a neighboring city - also, that benches are placed in residential areas only by request and agreement of abutting property owner. Councilman Anderson moved the communication be referred to the Alameda Chamber of Commerce for its recommendation. The motion was seconded by Councilman McCall and unanimously carried. 3. From Mrs. Chester Martin, who formerly lived at 3335 Fernside Boulevard, registering her approval of closing the three Public Ways running between Fernside Boulevard and the United States Tidal Canal. This communication was referred to the file on the subject which is to come up under "Hearings". L From Alameda Post No. 9, Inc., The American Legion, requesting the dates of October 6, through October 10, 194, for its annual sponsorship of the West Coast Shows carnival, to be held on the Maritime-Alameda Shipyard parking lot. Councilman Jones moved the request be granted and the City Manager be authorized to issue a permit for this carnival to be sponsored by Alameda Post No. 9, Inc. at the specified time. The motion was seconded by Councilman Moresi and unanimously carried. 5. From Mr. Leonard A. Styles, 933 Taylor Avenue, calling attention to the need for an anti-loafing ordinance, to keep retired citizens from loafing all day long on the public bus benches, particularly at both corners of Park Street and Santa Clara Avenue and important transfer points on Webster Street. He requested that an "Anti-Loafing Ordinance" be passed. Councilman Anderson suggested that if the City Attorney were instructed to ascertain what protection our present laws afford and also have the City Manager find out what other arrangements or facilities could be provided so that those waiting for busses, especially women and children, would have bench space available, the Council would be interested in giving consideration to this matter. Councilman McCall stated he felt the City should look into the situation and try to provide some place for these older citizens to occupy their time. He voiced disapproval of the letter. President Sweeney referred this matter to the City Attorney to check into the legal aspects of the situation and to the City Manager to investigate the possibility of providing other facilities. ORAL COMMUNICATIONS: 6. Mr. Frank Gottstein brought up the matter of financing the complete recon- struction of Lincoln Avenue, pointing out it is most important to take care of the entire job. He complimented the City Manager and City Engineer for having taken care of the temporary repairs so quickly - but stated the Council should not lose any time in taking action to have the entire project done. Councilman Anderson asked the City Manager if Lincoln Avenue could qualify to be put on the State Highway System. Mr. Froerer answered that the question of whether or not Lincoln Avenue would qualify as a State Highway would be determined by the State Legislature - an act of State legislation. He said there was some attempt made in this respect about a year ago. He pointed out there would be very definite opposi- tion from other parts of the State - but he, personally, felt it would qualify as it would be in connection with existing State Highways 69 and 226. 85 Councilman Anderson also inquired if the amount of traffic was the determining factor in establishing a highway and Mr. Froerer said he would answer in the negative because there are other routes which carry more traffic than this street does. Councilman Moresi asked if the increased traffic on Lincoln Avenue has piled up traffic on Park Street and the Park Street and Fruitvale Avenue Bridges. Mr. Froerer replied there is quite a traffic congestion, particularly around 4:30 to 5:00 o'clock. He pointed out that some of the traffic now on Lincoln Avenue, formerly travelled on Buena Vista Avenue and there was quite a pile up at Buena Vista Avenue and Park Street - so the distribution is now somewhat better. HEARINGS: 7. Continued from the meetings of July 6, and July 20, the matter of the proposed closing of 3 Public Ways off of Fernside Boulevard was called up. Mr. Stanley D. Whitney, Attorney for the petitioners, stated that, in his opinion, all equities in abandonment of these easements lie with the proponents. He agreed, however, from all the discussion, there is apparently some need for this type of facility and suggested that one of the four following locations be investigated for development of boat ramps (1) foot of Grand Street, (2) east end of Central Avenue, (3) the northerly end of Webster Street and ()4) at or near the access way to the old Bay Farm Island Bridge. He said it is their earnest recommendation to refer the matter to the City Manager and request him to conduct surveys on these suggested locations and prepare estimates of cost and thereupon proceed to construct a suitable boat ramp. He contended that the development of each one of the 3 easements in question would cost about 820,000. and the City would still not have adequate access ways to get to boat ramps. He pointed out that the easements in their present condition are causing damage to the property of the people living immediately adjacent thereto, and if they are abandoned, such action is not hurting anyone. He thereupon read statements from the following several parties: Fay S. French, 3229 Fernside Boulevard; D. J. Alien, 3225 Fernside Boulevard; Wilfred E. Vosti, formerly of 3231 Fernside Boulevard; Mrs. Arlene F. Tennant, 3229 Fernside Boulevard and a copy of a letter addressed to Chief George Doran, from Mr. Tom Howen who owns property adjacent to one of the easements. All set forth their experiences with trespassers, and acts of nuisance. Mr. Whitney submitted these communications and statements for filing with the City Clerk - and pointed out these represent only part of the complaints which have been made. In conclusion, Mr. Whitney urged the Council to take action to erect a boat ramp somewhere - where, the City Manager and Council would be the judges. He request that these easements be abandoned, pointing out they are of no value, have never been of any value and no attempt has ever been made by the Council to put them in condition for adequate use. He stressed the fact that, if they are abandoned, nobody will suffer. Mr. K. B. Key, President of the Waterside Terrace-Thompson Home Owners Association, stated his organization has presented everything it has to offer, except that he has received three more requests from individuals to remove their names from the original petition in favor of the closing of these public ways. He sincerely urged that a vote be taken on this matter tonight. Councilman Moresi stated that, in observing and listening to all testimony she is in sympathy with the arguments presented, but it seems to her that, in studying the report from the Planning Consultant and Planning Director, these access ways could not be satisfactorily developed by the City for any public use. Also, in view of the fact that the areas are not at the present time usable and the lack of space available prevents their being made adequate, she would like to submit a motion that the City Council close these public ways - but in so doing, it immediately cast about to procure a location that could be properly developed for everyone to use. The motion was seconded by Councilman Anderson, The City Attorney explained that a resolution has been prepared in this matter. He pointed out that this hearing has been predicated upon the Council's adoption of a Resolution of Intention to close these three public pathways and, therefore, any action taken should be by adoption or rejection of a resolution in order to properly complete this procedure. Therefore, he suggested the motion be withdrawn. Councilman Moresi, with the consent of her second, thereupon withdrew her motion. Councilman Jones stated these areas are shown as part of the park and recreation areas - they are indicated on the Master Plan of Shoreline Development. He said that, as a general rule, in the matter of closing or abandoning a street, there is an amicable adjustment and the Council does not have a large delegation of people coming in to oppose such action, In this instance, however, a very substantial number of people are opposed to the idea of closing these public ways. He said he felt that, when the City is asked to divest itself of property which it has held for forty years and when U there is considerable opposition to the matter, the Council should give considera- tion to these facts. He stated Mr. Whitney has claimed that the Police Department has not taken prompt action in certain instances and he suggested this matter be checked into. Councilman McCall stated that, insofar as the present access ways in question are concerned, he could not see them as suitable for getting to boat ramps - but they have been there for forty years and everyone seems to have lived with them during that period. However, in the over-all picture - and until the day he actually sees an adequate boat ramp constructed, he would be opposed to the abandonment of these public ways. Councilman Anderson Anderson stated various viewpoints have been brought out on this subject - but what appeals to him is the fact that there is an opportunity to get this land back on the tax rolls - for forty-two years this land has been off the tax rolls - for forty-two years no Council has seen fit to spend the people's money to put these easements to use. He felt they should go back on the tax rolls and the City should receive the tax money and possibly be able to provide adequate facilities elsewhere. President Sweeney expressed the opinion that these public ways belong to and are under control of the City of Alameda and that makes them an integral part of all the taxpayers of the City and he could not understand how the Council could close these access ways. At this point, the Clerk read in full the resolution prepared for Council action and the City Attorney explained that no street can be closed unless it is proved there is no present or prospective need for it. Councilman McCall stated he would introduce the following resolution and move its adoption: "Resolution No. Ordering the Vacation of Three Public Pathways Leading Easterly from Fernside Boulevard to the U. S. Tidal Canal and Situated in Waterside Terrace, in the City of Alameda." The motion to adopt said resolution was seconded by Councilman Jones and on roll call, lost by the following vote. Ayes: Councilman Anderson, (1). Noes: Councilman Jones, McCall, Moresi and President Sweeney, (4). Absent: None. President Sweeney thereupon declared said resolution rejected. 8. Continued from the meetings of June 15, and August 3, was the matter of the proposed closing of Fountain Street south of Otis Drive. Mr. F. B. Fernhoff, Attorney representing Mr. Paul T. Wood, owner of the property adjoining both sides of Fountain Street, stated this is just a remnant of a street about ninety feet long - it is more a history rather than a street - it never has been improved or used as a street. It has sunk where the tide washes in and is just a hole where water and filth accumulate. He pointed out that the City Planning Board has recommended that it be closed. He stated he agreed with the City Attorney's remarks concerning a street being closed if it is proved there is no present or prospective use for it. He said that applies in this case, as this street goes nowhere. He stated there is only one person who is concerned with this matter and this is Mr. Michael Hester who owns property to the south of the portion of Fountain Street proposed to be closed. He said that Mr. Wood has agreed to grade and, install a sewer and it is felt that it is to the good of the City to have this portion of Fountain Street abandoned. Mr. Bestor Robinson, Attorney for Mr • J • J • Hester, agreed that both sides of this short street are owned by Mr. Wood - and the end of the street, at least a portion of it, fronts upon property owned by Mr. Hester. He stated they are trying to work out mutually satisfactory arrangements whereby Mr. Hester's holdings can be develop- ed in the event the street is closed, which is contingent upon the improvement of certain property owned by the Hiller interests, in order to be assured of an access way. Therefore, until something definite is known in this respect, he must object to the proposed closing. He also pointed out that the City cannot close a street over the objection of an abutting property owner without making compensation there- for. He emphasized that this matter should be turned down or postponed for a con- siderable length of time instead of being on the calendar every meeting or two - because Mr. Hester will have to be assured of proper access to his property before his objections could be withdrawn - at present, he just does not know how soon this can be. Mr. Fernhoff stated access to Mr. Hester's property is not barred in any way. He felt this matter should not go on forever - the people living next to this area say that it is a disgraceful condition - Mr. Hester could not get a full street through at this point because Mr. Wood owns most of the property. He emphasized 87 the Planning Department and Planning Board have recommended the closing of this portion of Fountain Street. He also stressed the fact that further delay prohibits Mr. Wood from starting the development of his property in view of the approaching rainy season. Mr. Robinson reiterated he felt there was a legal question as to whether or not the City Council can abandon a street without making compensation to the abutting property owner. He cited a certain case held before the Courts in Los Angeles. City Attorney Clark stated the case referred to by Mr. Robinson is one that was held under the Street Closing Act of 1889 - and stated the proceedings in this instance are under the Street Vacation Act of 1941 and present quite a different situation. He said all authorities are to the effect that the act of the Council in vacating or closing is final and conclusive - and the Court will uphold such decision. He said that if Mr. Hester can prove that he has been damaged by the closing of Fountain Street then, of course, he could sue the City and collect damages. He stated Mr. Hester could have enjoined the Council - but has not done this. Mr. Clark agreed with Mr. Robinson that negotiations should be continued to try to effect a settlement - but so far as the point raised by Mr. Robinson is concerned, he cannot agree with that - he felt that insofar as Mr. Hester proving damage, it might be remote in this case as the street has never been improved - it has never been opened and it is going nowhere - and while Mr. Hester may have had the right of access, he had no means of access to his property to the south. He said he would recommend that this matter be continued with the idea of allowing time for the parties to try to negotiate for a fair settlement. He suggested that probably the Planning Consultant can inform the Council of the status of the situation in this respect. Upon request, Mr. Campbell stated the Planning Staff has studied this matter and has made a report to the Planning Board, setting forth possible street and lot plans for the advantageous development of both the Wood and Hester properties. They have reached the point where they would like to confer with Mr. Hester's representatives again concerning these plans. He pointed out the plans involve a- closing of Fountain Street which was felt proper for the future development of this area. He stressed the fact that the Hester property has a frontage of several hundred feet along Otis Drive. Mr. Robinson stated that Mr. Hiller has apparently submitted a plan but how long it would be before he can say exactly where his road is going to be is very problematical. Mr. Campbell agreed they can assume it will be quite a few months before this is definitely set forth - but he pointed out Mr. Hester has immediate access from Otis Drive right now. Councilman Anderson then moved the matter be continued until the meeting of the Council to be held September 21. The motion was seconded by Councilman Moresi and unanimously carried. REPORTS OF COMMITTEES: 9. From the City Manager, recommending Fire Chief Lane be granted permission to attend the Pacific Coast Inter- Mountain Association of Fire Chiefs, in Long Beach, from August 23, through the 26th - and that X125. be appropriated for this purpose. Councilman Anderson moved the City Manager's recommendation be adopted; that Chief Lane be authorized to attend this meeting for the time specified and ?125. be appropriated for this purpose. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 10. From the City Manager, recommending contract be awarded to Daniel L. Trade, low bidder, for the project of Installing a Sanitary Sewer on Nautilus Street at the bid price of $7,498.75• Councilman Moresi moved the City Manager's recommendation be approved ; that contract be awarded to Mr. Trade for this project and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 11'` From the City Manager, recommending that Haglund Construction Company be granted a fifteen-day extension of time - from August 28, to September 12, 1954, in which to finish its work in connection with Alterations to the City Engineer's Offices. Councilman McCall moved the City Manager's recommendation be accepted; that the requested extension of time be granted to this firm to complete the specified project. INTRODUCTION OF ORDINANCES: 12. Councilman McCall introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Repealing Subsection (2) of Section 17 -342 Thereof and Adding a New Section to be Known as Section 17- 342.1, Relating to Two -Hour Parking." UNFINISHED BUSINESS: 13. Continued from the last meeting, for the City Attorneyts investigation, was the matter of the request from Mr. Lawrence A. Keenan, 1105- Sherman Street, for approval of an eight -foot fence between his property and that of 1101 Sherman Street. A communication was read from the City Attorney, in which it was stated the records show there was one case of a permit having been requested and which had been denied - that was on February 17, 1948. The letter was accompanied by a list of eight cases of such requests having been granted during the period from July 19, 1938, to February 5, 1952. Councilman Jones moved that, in accordance with provisions of Section 9 -211 of the Alameda Municipal Code, the Council grant Mr. Keenan permission to retain the eight - foot fence. Councilman Moresi stated she would second the motion, with the explana- tion that the Council is not granting merely an eight -foot fence, but an eight -foot height as protection against wind for a patio. She said she thought it is very important that, in granting such permission, there be a definite reason for so doing. Councilman Moresi pointed out that the house next door, adjacent to the windbreak, has very high windows and the height of the windbreak would in no way interfere with the view from this adjoining dwelling. The question was put and on roll call the motion carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. RESOLUTIONS: 14. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4969 Adopting Specifications for Furnishing One New 1954 8- Passenger Chevrolet Suburban Carryall, or Ford Ranch Wagon, or Plymouth Suburban, or Equal, to The City of Alameda, for the Recreation Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 15. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 4970 Amending Portion of Subsection 9 of Paragraph 2, Section 2, of Resolution No. 4945, By Changing Pay Range Number of Two Positions in Recreation Department ". The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 4971 Amending Paragraph 9 of Section 2, of Resolution No. 4945 by Increasing Equipment Operator Positions from 1 to 3, and Decreasing Groundsman - Gardener Positions from 5 to 3, in the Golf Department." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 17. The following seven resolutions, pertaining to properties in the Hansen Subdivision, known as Tract No. 1085, were introduced by Councilman Anderson, who moved their adoption: "Resolution No. 4972 Accepting Grant of Easement from Charles W. Wooldridge And Lois B. Wboldridge, His Wife, and Agostino Maffei And Angelina Maffei, His Wife, in Certain Real Property, for Sewer Purposes, and Consenting to the Recordation Thereof." "Resolution No. 4973 Accepting Grant of Easement fromFrank R. Rynberg and Jacqueline B. Rynberg, His Wife, in Certain Real Property, for Sewer Purposes, and Consenting to the Recordation Thereof." "Resolution No. 4974 Accepting Grant of Easement from John C. Bonato And Doris M. Bonato, His Wife, in Certain Real Property for Sewer Purposes, and Consenting to The Recordation Thereof." "Resolution No. 4975 Accepting Grant of Easement from Central Avenue Land Development Co., a Limited Partnership, in Certain Real Property, for Sewer Purposes, and Consenting to the Recordation Thereof." "Resolution No. 4976 Accepting Grant of Easement from Christine M. Hansen in Certain Real Property, for Sewer Purposes, and Consenting to the Recordation Thereof." "Resolution No. 4977 Accepting Grant of Easement from Bayard Sharp, in Certain Real Property, for Sewer Purposes, and Consenting to the Recordation Thereof." "Resolution No. 4978 Accepting Grant of Easement from Marvin C. Hockabout and Wilma R. Hockabout, His Wife, in Certain Real Property, for Sewer Purposes, and Consenting to the Recordation Thereof." The motion to adopt the foregoing seven resolutions was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. Thereupon the President declared said certain resolutions duly adopted and passed. 18. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4979 Memorializing the California State Highway Commission in the Matter of its Approval and Adoption of the Recommendations of the Alameda County Highway Advisory Committee for the Project Year 1955-1956." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. BILLS: 19. An itmeized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 315,456.41, was submitted to the Council at this meeting. The List was accompanied by a certification from the City Manager that the Claims shown were correct. Councilman Anderson moved the bills as itemized in the List of Claims filed with the City Clerk on August 17, 1954, and submitted to the Council at this time, be allowed and paid. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. FILING: 20. Financial Statement - Bureau of Electricity, Annual Report for Fiscal Year 1953-54 - Verified by Middleton, Suman & Hackleman. 21. Specifications - No. MS 8 -54 -14 - Suburban Carryall for Recreation Department. 22. At this point, Councilman McCall asked that the Mayor issue a Proclamation declaring the week of August 23, through August 28, 1954, "Kids Fishing Week" - and stated that this affair is being sponsored by the Alameda Rod and Gun Club and the Alameda Recreation Department. ADJOURNMENT: 23. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, September 7, 1954, at 8 :00 o'clock. Respectfully submitted, ty Clerk