Loading...
1971-11-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 2, 1971 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman McCall and was followed by a most inspiring Invocation delivered by The Reverend Wilton Vincent, Pastor of the Santa Clara Avenue United Methodist Church. ROLL CALL: The roll was called and Councilmen Fore, Longaker, McCall and President La Croix, Jr., (4), were noted present. Absent: Councilman Levy, (1), who was out of the country. MINUTES: 1. The minutes of the regular meeting held October 19, 1971, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. p From Alameda Branch, American Association of University Women, requesting that the City pave its portion of Brush Street adjacent to Woodstock School. This request was referred to the City Engineer for study and report to the Council as to the possibility of forming an assessment district in the area for the purpose of accomplishing the improvement. 3. / From Mr. R. Cecchettini, 316 Haight Avenue, with regard to lighting trees on Thompson Avenue during the Holiday Season, expressing disapproval of the action of the City Council at its regular meet- ing held October 19, 1971, in granting the request of the block residents to continue the program. The communication was noted and ordered filed. 4. vi From Mr. Jack Filinick, requesting that certain public improvements in connection with the subdivi- sion known as Tract 3069 at Westline and Shore Line Drives be accepted and the bond be reduced to the amount of $18,184. City Engineer Hanna stated he concurred with the request. Councilman McCall moved the certain public improvements be accepted as completed on the subdivision known as Tract 3069 and the bond on file in connection therewith be reduced as requested. Councilman Longaker seconded the motion. Upon advice of City Manager Weller, and with the consent of Councilmen McCall and Longaker, the motion was amended to include granting of an extension of time of six months from October 14, 1971, for comple- tion of the public improvements in this Tract as recommended by the City Engineer in his memorandum dated October 27, 1971. The question was then put and the motion, as amended, carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 5. ( From Mr. Gary G. Poe, 2263 Pacific Avenue, requesting permission to allow a brick wall to encroach approximately nine inches into the sidewalk area in front of his home. President La Croix stated a report from the City Engineer indicated that Mr. Poe had accomplished great improvement on his property and suggested that the encroachment be allowed. The City Attorney had indicated that the City should be protected by a hold-harmless agreement. Councilman Longaker moved the requested permit be granted to allow the brick wall to encroach into the sidewalk area for a distance of approximately nine inches at the specified address, subject to the requirements of the City Engineer and that the City be protected by a hold-harmless agreement. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. Mr. Hanna stated he felt Mr. Poe should be complimented on the improvements he was making on his property. 6. From forty-five members of the Senior Activity Center, Christ Church Parish Hall, urging that serious consideration be given to the Housing Authority's proposal to build low-rent senior citizen housing on the Bureau of Electricity property at 920 Park Street. President La Croix pointed out this matter had been referred to the Planning Board for consideration and report and to the Public Utilities Board. Councilman McCall requested, now that interest was indicated in the proposal, that complete information be furnished to the Council on all aspects of the subject and that the Senior Activity Center be so informed. President La Croix pointed out these facts would undoubtedly be brought out in presentation of the pro- posal to the Planning Board. ORAL COMMUNICATIONS, AGENDA: 7. vi Mr. Charles Keaton, Sebastopol, officer of the California Massage Technicians Association, introduced Mr. Lou Hatch of San Francisco, also an officer of the Association. He said they had been requested to be present at the meeting in connection with an ordinance on the agenda for introduction adding to the Muni- cipal Code sections with regard to Massage Establishments, Services and Public Bath Houses. Mr. Keaton said the concern of his Association, as an affiliate of the American Massage and Therapy Association, was the requirements for educational hours in massage, as it was the desire and duty of the Association to try to eliminate undesirable elements using the massage profession as a front. He said the requirements for membership in the latter Association was 1,000 hours and the requirements of all cities in the State which had adopted ordinances in the matter were at least 200 hours, whereas the time proposed in the ordinance before the Council for consideration was 70 hours. He said this time would not be acceptable to the California Massage Technicians Association nor to the national organization and these affiliations were very desirable for anyone engaging in the massage profession. Mr. Keaton said he and other members of the Association desired to have their profession looked upon as an honorable one. City Attorney Cunningham, on request for comment, stated it was not felt that the qualifications to belong to either the California or the national association necessarily related to the qualifications for operation in Alameda. It had been felt that 70 hours would be the minimum to give a person a chance in the business and this time had been recommended by the Police Department. Mr. Cunningham recommended that the ordinance be changed on its face to read "massage technician" through- out wherever the term "masseur" or "masseuse" appeared. He said most people to whom he had talked on the subject seemed to feel this was a more technical and more modern term. It was stated this would be taken into consideration in reviewing the document. Upon inquiry by Councilman McCall, Mr. Keaton said a State ordinance licensing the operation had been as far as the Governor's desk several times and each time it had been pigeon - holed. He said the people in the business were registered as massage therapists with the National Association if they qualified. Councilman McCall suggested that possibly it would be advisable to pursue the State licensing in order to protect their own imagery. Mr. Paul Goldstein, Attorney, 690 Market Street, San Francisco, requested the opportunity to speak at the time of introduction of the ordinance, later in the meeting. 8. ` Mr. Edward J. Collins, Assistant Secretary of the Central Labor Council of Alameda County, appeared following a request of the organization for the opportunity to address the Council. He requested, on behalf of the Labor Council, that the City of Alameda sever its ties with the League of California Cities due to alleged activities of the League against the working people of the City and of the State. He said it was the feeling of the Labor Council that the League had gone beyond its job in protecting and getting a fair deal for the cities. He enumerated several matters which had come before the State Legislature during the past few months, indicating the League's position thereon. He said the League took its position despite the fact that it was financed totally by taxpayers' money. President La Croix thanked Mr. Collins for his presentation and remarked that he, as a member of the City Council and Vice President of the Mayors' and Councilmen's section of the League of California Cities, could mention many good things done by the League for the taxpaying citizens of the State. He said one of the last things he would want to do would be to remove the City of Alameda from membership in the League and that he was proud of what it had done for the working, business and labor people of the State of Cali- fornia. He requested comment from the other members of the Council. Councilman McCall commented that he had just been elected to the Board of Directors of the League and he would not vote to withdraw from the organization. 9. / Mr. Lou Hatch, San Francisco, stated he felt that Section 12 -7632 of the proposed Massage Establish- ment ordinance was entirely unreasonable, and the provision for only 70 hours of education would encourage those interested in conducting an illegitimate business. REPORTS AND RECOMMENDATIONS: From the City Manager, recommending contract be awarded to Hayward Tractor Sales Co., Inc., low bidder, for furnishing one Tractor- Loader for the Golf Courses, at the net amount of $3,993.25. Councilman Longaker moved the recommendation be accepted, that the contract be awarded to the designated firm for furnishing the Tractor - Loader for the Golf Courses at the price quoted. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 11. v '` From the City Manager, recommending contract be awarded to Dictaphone Corporation, low bidder, for furnishing one Recorder - Logging System for the Police Department at the price of $5,707.44. Councilman Longaker moved the recommendation be adopted, that the contract be awarded to the specified firm for furnishing the Recorder - Logging System at the stated price. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 12.y `{ From the City Manager, requesting authorization to negotiate an agreement with a qualified consulting agency for a space study in connection with the Civic Center project. On inquiry, Mr. Weller said he had no idea of the amount which should be expended for such a study. He said his thought was that the charge should be levied against the Capital Outlay Fund and that an attempt should be made to negotiate a contract with a firm capable of providing all of the services to be required up to the point of selection of an architect but that the contract should be severable at any point as at the moment the concern was the best estimate of office space requirements. Any prospective agreement would come back to the Council for approval. Councilman McCall said he had been in hopes that in considering space for a City Hall, requirements for agencies such as the Board of Education, the Library and possible consolidation of the Police and Fire Departments would be considered so that public funds would be used in the best interests of the taxpayers. First of all, he felt, an inventory of property owned by the various agencies should be consolidated. He said he would like to know if there was any way in which the City and other agencies could be conso- lidated, including the utility company offices, into the complex for a one -stop service availability setup. Councilman Longaker expressed the opinion that the Board of Education was very much concerned with a building program and a bond issue in order to prevent having to abandon certain buildings by June of 1975, and it was possible it would not be in a position to become involved in this question at the present time. He agreed with Councilman McCall that it would be advantageous to have an entire complex in which all of the City offices would be located. Mr. Weller explained that the purpose of the study under discussion was to define the requirements of the City, including all City Hall offices and the Police Department. The City would then be in a position to stipulate its needs, should the School District, the utility companies or the County offices wish to join in the project. He said he was trying to develop a figure which was as professionally - evolved as possible with respect to the City's own needs to be in a position to determine its costs and the share of the cost to be attributed to other agencies. Councilman Fore moved that authorization be granted as requested to negotiate an agreement with a quali- fied consulting agency for a space study of the requirements of City Hall Departments in connection with the Civic Center project. Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 13. From the City Attorney, with regard to the proposed Amicus Curiae resolution, recommending its adoption. On request, Mr. Cunningham explained the case involved, as set forth in his communication dated October 28, 1971, wherein the City was requested to support a petition by the County of Los Angeles for reversal by the United States Supreme Court of a decision by the State Supreme Court in the matter of Perrine vs. Municipal Court, involving the initial denial of a permit to operate a bookstore following convictions of selling obscene matter, for protection of the greater good, namely public health, welfare and safety, through regulations. Councilman Longaker said he opposed the proposed resolution and moved the recommendation not be accepted. The motion died for lack of a second. Councilman McCall moved the recommendation of the City Attorney be accepted. The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Three. Noes: Councilman Longaker, (1). Absent: One. There being no objections, the meeting proceeded to "Resolutions ". RESOLUTIONS: 14. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7853 Authorizing City to Join as Amicus Curiae in U. S. Supreme Court Litigation Involving County of Los Angeles (Local Licensing Ordinances)." The motion to adopt said resolution was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Three. Noes: Councilman Longaker, (1). Absent: One. The meeting returned to the regular order of business. NEW BUSINESS: 15. Councilman Fore said he had noticed that at 8:30 or 9:00 o'clock a.m. there were many pedestrians jaywalking across Central Avenue from the Main Post Office to the parking lot on the south side of the street. He suggested that possibly a pedestrian walk could be installed at the location. The City Engineer was requested to investigate this condition. 16. McCall commented that the East Bay Regional Park District property was being improved as much as possible with the funds available and suggested that the Council might recommend to the Recreation Commission or the Engineering Department that the triangular piece of land owned by the City south of Portola Avenue and adjacent to the Regional Park area be cleaned up and improved, possibly by planting grass. He said he felt the City should maintain its properties in the same way it expected residents to maintain their places and this was being done in other areas of the City. Mr. Hanna stated the lot was given considerable service in terms of standard lot cleaning, removing litter and cutting the weeds. Councilman Longaker pointed out there would be a need in the future for new tennis courts, with the pro- posed widening of Eighth Street, and he was in hopes that the Recreation Commission would possibly relocate these in the area under discussion. He added that additional courts would also be needed in the City due to the revived interest in the sport. There was discussion with regard to the suggestion in connection with possible ultimate use of the parcel. The City Engineer was requested to discuss the matter with the Recreation Department and submit a report and recommendation to the Council. 17. Councilman Longaker suggested, with the closing of the Fruitvale Bridge for reconstruction, that left -hand turns be eliminated on Park Street for cars coming off the Bridge for a few blocks. Mr. Hanna stated this practice would commence the following evening. Councilman Longaker stated it had been reported to him that Alameda Police Officers were being used to supervise traffic at the flea market on the Island Drive -In Theatre premises. He said it had been his understanding that the operators of the market would handle this service and he requested a report on the situation. The City Manager was requested to investigate the matter. RESOLUTIONS: 18. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7854 Adopting Specifications for Furnishing to the City of Alameda Ten (10) New 1972 Model, Four -Door Sedans for the Police Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the follow- ing vote. Ayes: Four. Noes: None. Absent: One. 19. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7855 Amending Salary Resolution No. 7806 by Creating One (1) Additional Position of Police Aide and Deleting the Classification and One (1) Position of Identification Technician." The motion to adopt said resolution was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 20. ''The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7856 Appointing Member of the Recreation Commission." (Louis C. Steele) The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the follow- ing vote. Ayes: Four. Noes: None. Absent: One. The President declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 21. "Ordinance No. New Series Amending the Alameda Municipal Code by Adding Article 6 to Chapter 7 of Title XII Thereof, Consisting of Sections 12 -761 Through 12 -7632, Providing for the Licensing and Regulation of Massage Establishments, Massage Services and Public Bath Houses." Mr. Paul Goldstein, who had requested the opportunity earlier, addressed the Council on behalf of several masseurs, masseuses and teachers of massage, some of whom worked in the City and others from adjoining cities with some of their practice in Alameda, also two clients of masseuses who he said would speak to the Council on the subject of the ordinance. He said he would like to know the overall purpose of the ordinance. President La Croix explained that the ordinance, insofar as the Police Department was concerned, was to gain greater control and the fact that in some situations and in some areas massage parlors had been used for purposes other than those for which they had been established. He said he felt the Chief of Police of the City of Alameda did not want at all to hinder the operations of the valid operator but to control for the best interests of the community operation of those parlors which were not operating within the scope of the intent of a massage parlor. Mr. Goldstein expressed objection to Section ` 12 -7632 - Treating Opposite Sex. He argued that most of the people practicing the business were women and most of those seeking treatment were men, and this provision would prevent the practice of the business of massage; it could force people who derive pleasure and benefit from legitimate massage to seek the type of establishment the City was attempting to prevent from arising. He said this section could put legitimate masseuses out of business. Mr. Goldstein called attention to Section 12 -7612 - Issuance of Permit. He said he had been much impressed by the ordinance, which showed a definite intent by the City of Alameda to uplift and make sure that people practicing massage had had the proper instruction. However, he said he felt this was broad power granted to the Chief of Police without any standard to go by, and expressed the thinking that the licensing provi- sion should be passed but that the Chief of Police should have only guidelines on the subject. On Mr. Goldstein's objection to Section 12 -7632, Mr. Cunningham read from the memorandum of Chief Young dated October 12, 1971, expressing the thinking of the Department on this point. Mr. Goldstein called attention to Section 12 -7621 on the Daily Register, and requested that the City Attorney explain the purpose of the Section. In discussion he complained that the restrictions imposed by this section attached an air of criminal activity to the operation; it would keep many people away from legitimate massage and could very well lead to illegitimate activity. Mr. Cunningham said he tended to agree with Mr. Goldstein on this point, stating that he had followed the recommendations of the Police Department in drawing up the ordinance. He said he had discussed the ordinance with Mr. Goldstein and was well aware of his feelings on the contents. On request, Lt. Donald Hopper of the Police Department stated the recommendations of the Department had been made on the basis of the regulations of other cities and the sections incorporated in the proposed ordinance were those deemed most suitable to the City of Alameda. With regard to the Daily Register, he said it had been felt that anyone going in for a legitimate massage would have no objection to entering his name on the Register - it would be a source of information for future complaints. In reply to questioning, Lt. Hopper said the Department had received complaints on various institutions in the City in the past and had received sufficient evidence to possibly prosecute in connection with the present Penal Code but it had not pursued any case that far. He said he felt the proposed ordinance would eliminate at least some of the problem situations. Mr. Goldstein called attention to Section 12 -7626 - Unlawful Conduct and recommended that more specific language be used. Mr. Cunningham argued that it had been the experience that the specific wording in the proposed document accomplished what was desired. Mr. Goldstein pointed out that the proposed ordinance set forth a number of standards which profession - alized the occupation and by so doing undesirable activity would be avoided. There was some discussion with regard to the objections raised. Mr. Goldstein stated his greatest objection was to Section 12 -7632 - Treating Opposite Sex. He requested that others attending the meeting with him be allowed to speak briefly on the subject. The following spoke, expressing the opinion that the section restricting the treatment of the opposite sex should not be in the ordinance: Mr. John Van Horn, 5201 Saddlebrook Drive, Oakland, who said he was a licensed masseur and presently operated the Alouette Massage Studio at 745 Buena Vista Avenue; adding that he would agree it would be a good thing if his masseuses, whom he had trained in the business, held licenses; Mr. William Rogers, 2026 Eagle Avenue; Mrs. Maureen Barber, owner of a massage studio in San Francisco, who stated she felt the important factor was the education of the operator, that she was an epileptic with a birthmark and it had been recommended that she enter the field of massage in order to have employment; Mr. Murray Todris, 2435 Shattuck Avenue, Berkeley, operator of the Berkeley School of Massage, who said a large percentage of his work was for the State Department of Rehabilitation. Mr. Stanley D. Whitney, Attorney with the firm of Whitney, Hanson & Stonehouse, said he represented Mr. Cal Silva, the lessee of the Alameda Steam Bath & Massage, owned by Mr. Carl Zornow. He said Mr. Zarnow was well qualified and had been a masseur for many years. He was at the present time operating with Mr. Silva, who was not qualified but proposed to go to school to learn the business. Mr. Whitney said the proposed ordinance would not permit Mr. Silva to become the owner of the operation, notwithstanding that he could have a qualified licensed man operating the massage business. He said he felt a clause should be added to the ordinance to allow Mr. Silva to obtain a permit to function in the business as a manager rather than as a masseur. If the ordinance should go through there was a possibility that Mr. Silva might find he was holding a lease on premises which he could not operate. Mr. Cunningham said he and Mr. Whitney had discussed the possibility that under some sort of contract Mr. Silva could confine himself to the business aspects while the application and the management would be left to a person who was qualified. With regard to Section 12 -7626, Mr. Whitney suggested that the sentence end after the words "immoral purposes ", that Section 12 -7632 be eliminated and a clause be inserted to permit Mr. Silva to operate his business on condition that he have a licensed person in charge of the massage end of the business. President La Croix suggested, with the clause with regard to unlawful conduct in Section 12 -7626, that possibly Section 12 -7632 could be eliminated. Mr. Cunningham said in any sort of regulation unlawful conduct could be grounds for revocation. He said his personal opinion was that both provisions were not necessary. He suggested, in view of all the questions of undoubted seriousness and immediacy raised at this meeting, that the ordinance be continued and be referred to the City Manager, the Police Chief and to him for consideration of matters raised by the Council and, if so desired, the matters raised by others. He said he would hesitate to recommend any change in the ordinance without the concurrence of the Police Department. Councilman Fore moved the proposed ordinance be continued for further discussion by the City Manager, the City Attorney, the Chief of Police and others involved in its preparation, to be returned to the Council at the earliest possible date. Councilman Longaker seconded the motion, stipulating that all conversa- tion which had taken place at this meeting be given consideration, such as the requirement for educational expertise to obtain a license to operate in this field in the City of Alameda, suggesting consideration be given to the possibility that these provisions would negate some of the other provisions. Councilman McCall questioned that Mr. Silva could not own the business and hire qualified operators for the massage part of the business. He said he was under the impression that anyone could buy any business so long as it was legitimately operated and a license had been procured for the operation. Mr. Cunning- ham said this was not true and explained the legal aspects involved. He said he would like to refer the question on this section to the Police Department. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 22. Councilman McCall moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Sections 2 -541, and 2 -547 Thereof, and Adding Sections 2 -549 and 2 -549.1 Thereto, Relating to Vacation and Sick Leave Entitlement of Certain Classes of Employees." The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. ORDINANCES FOR PASSAGE: 23. "Ordinance No. 1653, New Series Amending the Alameda Municipal Code by Amending Sections 11 -1353 Through 11 -1357 Thereof, and Adding Sections 11 -1358 Through 11- 1358.13 Thereto, Relating to Planned Development Combining Zoning District." Councilman Longaker moved the ordinance be passed as submitted. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. BILLS: 24. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $75,621.31, was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the Claims shown were correct. Councilman McCall moved the bills as itemized in the List of Claims filed with the City Clerk on November 2, 1971, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Longaker and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. ORAL COMMUNICATIONS, GENERAL: 25. Mr. Larry Bergeron, 1619 Broadway, brought up the subject of traffic on the High Street Bridge due to the closing of the Fruitvale Bridge. Mr. Hanna stated the previous evening there had been a considerable problem but on this date there had been virtually no trouble. He said it had been found in the past when the Fruitvale Bridge had been closed that people would forget the first day but would remember on the next day to change their route and the problem would be removed. 26. / g`Mr. Frank Gottstein, 731 Haight Avenue, inquired if there would be a railroad bridge in connection withcthe vehicle bridge on the new Fruitvale Bridge construction. President La Croix stated this was his understanding. With the closing of the vehicle bridge its operator had moved to the railroad bridge and he understood there would be one operator, as in the past. Mr. Gottstein complained again of the shallow curb and raised gutter which had been created in resurfacing of Haight Avenue near Webster Street. FILING: 27. Specifications No. MSP 11 -71 -8 - Ten New 1972 Model Four -Door Sedans for Police Department. ADJOURNMENT: 28. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday, November 16, 1971, at 7:30 o'clock p.m. Respectfully submitted, City Clerk