1958-04-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, APRIL 1, 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 was followed by a very inspir-
ing Invocation delivered by The Reverend Mr. Robert A. Peters, Pastor, First Assembly
of God.
ROLL CALL:
The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and
President McCall, (5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held March 18, 1958, were approved as
transcribed.
2. At this point, Councilman Freeman referred to a statement made at the last
meeting that, "during last year's budget sessions, the Council itself had asked the
Recreation Director to review his budget and attempt to prune it down - and, against
his better judgment, he did cut out his original request for Longfellow Park." She
said actually that was not the case. The parks were cut before the Council had.
asked Mr. Saalwaechter specifically to cut them.
President McCall stated he realizes Councilman Freeman has one viewpoint on this
matter and he has another. He agreed he had made the statement as it was tran-
scribed because, he recalled, not only he, but the City Manager's Department had
made the request to the Recreation Director that he "take a second look at his
budget to see if he could prune it down ", because he knew Mr. Saalwaechter was not
going to be able to accomplish all he wanted to, and he thought it was only fair he
should do this.
Councilmen Freeman and Petersen still contended it was not until the meeting of
July 18, 1957, that the Council had asked to have the matter reviewed with the City
Manager to see if there could be a twenty per cent reduction in the Recreation
Department part -time workers - but this particular phase of the matter had already
come in.
An excerpt was read from the Tribune article of July 19, 1957, to clarify the time
element for the record. Councilman Freeman pointed out this happened after Mr.
Saalwaechter had already submitted a memo stating he felt his park budget could be
cut. She then read a portion of the memo of July 18, 1957, from Mr. Saalwaechter,
concerning Longfellow Park. Councilman Freeman felt that, since this matter has
come up time and time again by the people in the Longfellow Park area, it should be
clarified that it was actually the recommendation of the Recreation Department, and,
as such, it was justified at the time.
Councilman Petersen concurred, stating he wanted the fact known that the Longfellow
Park situation began before any budget reduction requests were made and it was
already anticipated by the Recreation Department.
WRITTEN COMMUNICATIONS:
3. Communications were noted from the following, in protest against the "'T',
Special Transition Combining District" as contained in the proposed new Zoning
Ordinance:
Mr. Jack M. Irwin, 2930 Gibbons Drive;
Mrs. Rose M. Lewis (Lewis Market), 1420 Encinal Avenue;
Douglas Stafford, M. D., 912 Grand Street;
Edith K. Mobley, 815 Park Street;
Miss Mildred S. Meyers, 2.021 Alameda Avenue;
Mrs. Baxter McNutt, 1258 Weber Street;
Mrs. Irene G. Wethern, 1247 Hawthorne Street;
Mr. K, M. Eberts, 1241 Hawthorne Street.
President McCall stated that, if there were no objections, the letters would be
referred to the file on the subject for further consideration at the joint meeting
of the Council and the Planning Board scheduled for Tuesday evening, April 8.
4 From the Alameda Chamber of Commerce, signed by Mr. Jerry C. Jacobs, President,
recommending the Council proceed with the preparation of a Workable Program in con-
nection with Urban Renewal - and offering to meet with the Council, at its conven-
ience, to discuss the entire program.
Councilman Schacht suggested the letter be referred to the City Manager to inform
the Chamber of Commerce the Council will take the matter under submission pending
receipt of further information on the subject. Councilman Freeman stated she under-
stands the Chamber has additional data on this matter and asked that the Chamber be
requested to submit it to the Council at the earliest date possible. It was so
ordered.
5. From Bay View Development Corporation, signed by Mr. F. B. Fernhoff, President,
requesting adoption of a resolution approving the Final Map of Tract No. 1849.
Councilman Freeman commented she had never seen copies of either the Tentative or
Final Maps of this Tract and she would like to see them. Therefore, she asked that
action be postponed for two weeks in order to give the Councilmen an opportunity to
study the Final Map.
Upon request, Mr. Annibale stated that, in his opinion, the delay is legal in accord-
ance with provisions of Sec. 11 -3133 of Subdivision Ordinance No. 1208, New Series.
With regard to the Agreement in connection with the approval of the Final Map, Mr.
Annibale stated that could be acted upon at this meeting.
Mr. Fernhoff addressed the Council, questioning whether or not the Council loses
jurisdiction under the State Housing Act wherein it is provided the Council shall,
at its next meeting, or within ten days, act upon the Final Map. Mr. Annibale said
it is not his opinion that the situation would be controlled by the State Act.
Further discussion elicited Mr. Fernhoff's satisfaction with the procedure.
Councilman Freeman thereupon moved the Bay View Development Corporation be granted a
two -weeks extension of time in which to file its Final Map of Tract No. 1849. The
motion was seconded by Councilman Petersen and on roll call carried by the following
vote. Ayes: Five. Noes: None. Absent: None.
The matter of the Agreement was then referred to "Resolutions".
6. From The Pacific Telephone and Telegraph Company, signed by Mr. C. Otto Keim,
Manager, requesting adoption of a resolution proposing the repeal of the telephone
excise tax. It was pointed out this "luxury" tax was instituted as a wartime
measure and should not be permitted to remain permanently as it is now highly dis-
criminatory inasmuch as other utilities do not have such a tax.
It was the consensus of the Council that such a resolution should be adopted and the
City Attorney was instructed to prepare said document for action later in the meeting.
The matter was then referred to "Resolutions ".
7. From Alameda Chamber of Commerce, signed by Mr. Jerry C. Jacobs, President,
enclosing copy of its Resolution No. 5804, relating to proposed restrictions on mili-
tary aircraft overhaul and repair - and urging the Council to take action against the
Bill, HR 11,094, now being considered by the Committee on Armed Services at the
House of Representatives.
The Council agreed that a resolution in opposition to the Bill in question should
also be adopted and, again, the City Attorney was directed to prepare said instru-
ment for action under the proper heading. The matter was thereupon referred to
"Resolutions ".
ORAL COMMUNICATIONS:
Mr. Frank Gottstein, 731 Haight Avenue, spoke in protest against several actions
of the Southern Pacific Company. He referred to the pending supplemental agreement
between the City and the Company and expressed the hope the Council would not give
$7,200. of the people's money to the Southern Pacific Company.
REPORTS OF OFFICERS, BOARDS, ETCETERA:
9. From City Planning Board, transmitting copy of its Resolution No. 33, recom-
mending passage and adoption of the text and maps of the proposed "City of Alameda
Zoning Ordinance ".
The matter was referred to "Introduction of Ordinances ".
10. From the City Manager, submitting copy of report and recommendation from the
City Engineer, dated March 19, 1958, with regard to Mound Street improvements as
requested by Mr. S. J. Dowling, Jr., in which was itemized three steps necessary
for the project. Mr. Weller indicated he concurred with the recommendation and
asked the Council's approval of the program as outlined.
Councilman Freeman moved the City Manager's recommendation be approved. The motion .
was seconded by Councilman Petersen and on roll call carried by the following vote.
Ayes: Five. Noes: None. Absent: None.
V
11. From the City Clerk, requesting authorization to attend the City Clerk's Insti-
tute to be held in Monterey on May 1 and 2, 1958, at an expenditure of not to exceed
$50.
Councilman Petersen moved the Clerk be authorized to attend said Institute as speci-
fied. 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:
12. 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 Authorizing the Acquisition of Certain
Real Property for Street, Highway and General
Municipal Furposes. (Widening of Willow Street --
Rommell)"
13. Councilman Petersen introduced the following ordinance, after which it was laid
over under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Authorizing the Acquisition of Certain
Real Property.for Street, Highway and General
Municipal Purposes. (Widening of Willow Street --
Wachtel)''
14. Councilman Collischonn introduced the following ordinance, 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.
(Portion of Encinal Housing Project)"
15. Councilman Schacht introduced the following ordinance, after which it was laid
over under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Providing for the Establishing of
Protective Regulations of Uses of Land, the Locations
and Uses of Buildings, the Height and Bulk of
Buildings, the Open Spaces About Buildings and
the Dimensions and Areas of Building Sites Within
Certain Districts, Establishing Building Setback
Lines and Population Density Standards; Providing
for the Administration and Enforcement of Such
Regulations, and Prescribing Penalties for Violations
Thereof; and Repealing All Sections in Conflict
Therewith."
Upon request of the City Attorney, Councilman Collischonn moved the City Clerk pub-
lish a Notice of Public Hearing to be held on the proposed Zoning Ordinance at the
next meeting of the Council on April 15. The motion was seconded by Councilman
Schacht and unanimously carried.
UNFINISHED BUSINESS:
J
16. Mr. Weller referred to a report from the Recreation Director, copies of which
had been sent to the Councilmen, in connection with the requirements of Longfellow
Park program. He pointed out a second playground director had been authorized for
the Easter vacation but there was no provision made for the balance of the fiscal
year. In view of the time element involved, he asked the Council to determine this
evening whether or not a second director should be made available for this period,
ending June 30, 1958.
In answer to President McCall's question, Mr. Weller stated the director at McKinley
Park would be transferred to Longfellow Park in the event authorization was pro-
vided by the Council.
Councilman Petersen expressed his opposition to providing a second director at
Longfellow Park as there was not sufficient need in such a small park and it would
be a waste of taxpayers' money.
Following considerable discussion on the subject, Councilman Collischonn moved the
services of a second director in Longfellow Park be authorized and the residents
and taxpayers in the area be informed that the Council is not committing itself by
this action to continue said services during next fiscal year, but the matter will
be given further consideration at the proper time to ascertain whether or not it
will be required then. The motion was seconded by Councilman Schacht and on roll
call carried by the following vote. Ayes: Councilmen Collischonn, Freeman, Schacht
and President McCall, (4). Noes: Councilman Petersen, (1). Absent: None.
17. Mr. Weller also called attention to the recent proposal for the installation of
automatic traffic signals at the intersection of Park Street and Clement Avenue.
He referred to his memo of March 2.6, 1958, to the members of the Council, in which
he outlined the financial status of certain Funds to which such a project would be
charged and suggested three alternatives. He asked for the Council's advice as to
which procedure should be followed.
There being no objections, it was determined that Alternative No. 3 would be approved -
"Deferral of the installation with the understanding the project would be included
in the 1958-59 budget", providing it is feasible. It was so ordered.
18. Councilman Freeman referred to the two ordinances introduced concerning the
widening of Willow Street and inquired of the City Engineer what all of the improve-
ments are going to cost the City in widening the several streets leading to the new
South Shore subdivisions - Park, Willow and Grand Streets - and what Funds will be
charged.
Mr. Hanna stated the improvements on Willow Street would cost approximately 83,000.,
which would not include the acquisition of the property. With regard to the latter
item, Mr. Neil Clark explained the two parcels already purchased cost 81,260. and
8900. for the Wachtel and Rommell properties, respectively. As far as the Alameda
Hospital property is concerned, negotiations have not as yet been completed, but he
thought the acquisition cost would be about 82,500.
With regard to further details, Mr. Hanna stated he did not have the costs at hand
but he would be glad to prepare an itemized report, for the Council's information.
It was ordered this be done.
19. Councilman Petersen inquired if the retaining wall to protect the properties
on the north side of the lagoon system is to be installed by Utah Construction
Company.
Councilman Freeman asked the City Attorney if anything pertaining to reclamation,
that is, retention, is not the duty of the Reclamation District to install and
maintain. Mr. Annibale replied he could not give a definite answer on that point.
However, he would say it is within the power of the Reclamation District to deter-
mine what retention devices are required. As to whether or not the District could
be forced to install retention devices as indicated along the north side, he could
not give an answer.
Councilman Freeman requested that the City Attorney write to the Reclamation Dis-
trict to ascertain what it plans to install as retention for the lagoon system.
RESOLUTIONS:
20. The following resolution was introduced by Councilman Schacht, who moved its
adoption:
"Resolution No. 5761
Amending Salary Resolution No. 5656 by Decreasing
Positions of Golf Starter from 5 to 4, and Increasing
Positions of Groundsman - Gardener from 6 to 7, in the
Golf Department."
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.
21. "Resolution No.
Authorizing Execution of Supplemental Agreement
(Amending Original Agreement) by and Between the
City of Alameda and the S=outhern Pacific Company,
Relating to Retirement, Relocation, Removal and
Installation of Railroad Tracks on Tilden Way."
During the course of a lengthy and detailed discussion, Councilman Petersen reiter-
ated his feeling that the City should not pay A7,240. to Southern Pacific Company,
as stipulated in the original Agreement, because the Company has since decided not
to move the building in question but to construct a new freight station.
Mr. Annibale pointed out this changes the obligation to the following extent - the
City previously had an obligation to pay the cost of the removal of the freight sta-
tion and now the City has an obligation to pay for the cost of construction of a new
freight station to a specified amount which is estimated to be exactly the same as
the cost of the removal would have been to the City.
President McCall reviewed the history of the City's effort to effect the acquisi-
tion of this particular Southern Pacific right -of -way (Tilden Way) in order to
eventually extend Lincoln Avenue as a boulevard to Fruitvale Avenue Bridge.
Councilman Freeman commented that when Southern Pacific Company was permitted to
close its ticket office, A lameda became a second -class City - and, at a time when
the City is growing - its greatest growth is coming now - it was no time to permit
such action. She felt this was advantageous to Southern Pacific Company and she
did not feel it would object too strongly to negotiating on the matter of the 87,240.
Councilman Freeman added, later, she thought the City should have a reduction in
this cost.
It was developed that the entire Agreement covers the acquisition of Tilden Way and
the freight station disposition is just one phase of the matter - the total amount
of money involved being 880,000.
845
Mr. Clark was called upon to explain the background of the situation. He referred
to his memo to the Councilmen, dated March 21, 1958, and stated the point of the
negotiations in 1952, which the Council should not lose sight of, is that the City
has to put the Southern Pacific Company back into an operating condition. The
relocation of the tracks is one part and the operation of the freight station is an
integral part of the arrangements. He did not think it is just a matter of how much
it will cost to demolish the structure at its present location, he felt the point
involved is, "does the City have a responsibility to contribute 87,240. toward the
cost of a new freight station at another location?" He thought it definitely would
be regarded as severance damages where a railroad has been required to relocate its
facilities. It was on that basis - with the support of the independent appraiser
employed by the City in 1952, and the then City Attorney - these items were con-
sidered valid charges and included in the original Agreement executed in February,
1957.
Councilman Collischonn stated he felt that if the City does not have a legal obliga-
tion to the Southern Pacific Company, it clearly has a moral obligation. However,
with regard to the payment of the 57,240. he thought it might be worth while to offer
an alternate proposal - perhaps to pay for the demolition of the freight station and
refuse to amend the Agreement, in lieu of paying the full amount of 87,240.
Further discussion ensued, with the City Engineer attempting to more fully clarify
the situation by sketches on the blackboard and a breakdown of some of the figures
involved.
There being no objections, it was ultimately determined that the City Manager be
requested to negotiate with Southern Pacific Company on the possibility of making a
saving of 81,300. as pointed out by Mr. Hanna. It was so ordered that Mr. Weller
proceed with said negotiations in conjunction with the City Attorney, and report
back to the Council by the meeting of April 15, if possible.
22. The following resolution was introduced by Councilman Freeman, who moved its
adoption:
"Resolution No. 5762
Authorizing Execution of Agreement with Bay View
Development Corporation in the Matter of Completion
of Improvements in That Certain Subdivision Known
as Tract No. 1849. (East of Fernside Boulevard -
Wood)."
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.
23. "Resolution No.
Approving Final Map of Subdivision Known as Tract
No. 1849 Submitted by Bay View Development Corporation."
Upon request of the City Attorney, it was noted this resolution was laid over pend-
ing execution of the Agreement referred to in the preceding resolution.
24. The following resolution was introduced by Councilman Freeman, who moved its
adoption:
"Resolution No. 5763
Resolution of the Council of the City of Alameda
Urging and Requesting That the Federal Excise Tax
on Telephone Service be Repealed."
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.
25. The following resolution was introduced by Councilman Collischonn, who moved
its adoption:
"Resolution No. 5764
Resolution of the Council of the City of Alameda
Urging and Requesting That House of Representatives
Bill, HR 11,094, be Not Enacted Into Law."
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 as indicated.
ORDINANCES FOR PASSAGE:
26. "Ordinance No. 1265,
New Series
An Ordinance Amending Section 11-319, Chapter 3,
Title XI, of the Alameda Municipal Code, Relating
to the Approval of Record of Survey Maps."
Councilman Petersen moved the ordinance be adopted as read. The motion was seconded
by Councilman Freeman and on roll call carried by the following vote. Ayes: Five.
Noes: None. Absent: None.
FILING:
27. Agreement - Between Bay View Development Corporation and City of Alameda -
re Tract No. 1849.
BILLS:
28. An itemized List of Claims against the City of Alameda, and the Departments
thereof, in the total amount of ,16,417.11, 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 Petersen moved the bills as itemized in the List of Claims filed with
the City Clerk on April 1, 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.
29. At this point, President McCall reminded the Councilmen of the joint meeting
between the Council and the Planning Board to be held next Tuesday evening, April 8,
1958, to discuss the proposed new Zoning Ordinance.
ADJOURNMENT:
30. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, April 15, 1958, at
7:30 o'clock.
Respectfully submitted,