1958-09-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENINGS SEPTEMBER 2, 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 most inspir-
ing Invocation delivered by The Reverend Mr. W. Bryan Judge, Pastor of Central
Baptist Church.
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 August 19, 1958, were approved as
transcribed.
WRITTEN COMMUNICATIONS:
2. From Utah Construction Company, signed by Mr. Charles T. Travers, with regard to
City acceptance of a certain portion of the South Shore beaches and its assumption of
full responsibility in connection therewith.
In response to Councilman Schacht's questions, Mr. Weller stated each section of the
beach, as it comes up for acceptance by the City, ought to be completely inspected by
the City Engineer before it is accepted. He referred to Mr. Hanna's memorandum of
August 29, 1958, with regard to the status of the beaches and since there is no recom-
mendation from Mr. Hanna to formally accept this portion of beach, he would suggest
the matter be held over until this clearance is forthcoming.
Councilman Collischonn moved the Council hold the matter over until all areas of the
beach are ready for approval by the City Engineer and they can then be accepted at
the same time. The motion was seconded by Councilman Petersen.
Councilman Freeman raised the question of the outer boundary of the Reclamation Dis-
trict and Mr. Annibale stated that, to the best of his recollection, the boundary of
the District is the north side of Shoreline Drive. Both Shoreline Drive and the
beach are on City land - therefore, they are not within the Reclamation District.
Considerable discussion ensued as to the responsibilities of Utah Construction Com-
pany, Reclamation District No. 2087 and the City in this matter. The question was
then put and the motion was carried by the following roll call vote. Ayes: Five.
Noes: None. Absent: None.
3. From Mr. R. D. Riendeau, requesting the refund of Twelve Dollars paid for cer-
tain Gas Appliance Permits which he cannot now use as he has gone out of business.
Councilman Schacht moved the refund be authorized as requested. The motion was
seconded by Councilman Freeman and on roll call carried by the following vote. Ayes:
Five. Noes: None. Absent: None.
ORAL COMMUNICATIONS:
Mr. Frank Gottstein, , 731 Haight Avenue, expressed his appreciation for the job
directed by the City Engineer in improving the access way to the beach just east of
Encinal High School.
5v Mr. Gottstein also referred tobis recent complaint about traffic being held up
due to a breakdown in Posey Tube and suggested the Oakland traffic could easily be
detoured to the freeway and northbound traffic from Alameda could be given the right -
of -way and use both lanes of the Tube to more speedily clear the congestion on the
Alameda side.
Mr. Gottstein also mentioned the freeway overpass located north of the Tube entrance
on the Oakland side and the darkness caused thereby, which is defeating the purpose
of the lighting project being installed in the Tube itself. He said he believes the
State is responsible for this condition and should install some lights to offset the
elimination of natural light by this structure. Mr. Gottstein urged the Council to
take some action at once.
There being no objections, President McCall instructed the City Manager to write to
the State Division of Highways to ascertain its plans in this respect. It was so
ordered.
REPORTS OF OFFICERS, BOARDS, ETCETERA:
6. From the Mayor, City Manager and City Auditor, submitting their report on the
Count of Money held August 21, 1958 - showing the sum of 13,456,622.84 in the City
Treasury.
The report was noted and ordered filed.
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7. From the City Manager, reporting all work satisfactorily completed on the pro-
ject of Installing a Roof. Leader at Fire Station No. 1 - recommending it be accepted
and the Notice of Completion be ordered filed.
Councilman Schacht moved the recommendation be approved; that the work on the speci-
fied project be accepted and the Notice of Completion be filed. The motion was
seconded by Councilman Petersen and on roll call carried by the following vote. Ayes:
Five. Noes: None. Absent: None.
8. From the City Manager, reporting all work satisfactorily completed on the pro-
ject of Constructing the Intersection at Park Street and Otis Drive - recommending
it be accepted and the Notice of Completion be ordered filed.
Councilman Freeman moved the recommendation be adopted; that the work on the desig-
nated project be accepted and the Notice of Completion be filed. The motion was
seconded by Councilman Collischonn and on roll call carried by the following vote.
Ayes: Five. Noes: None. Absent: None.
9. From the Recreation Commission, signed by Mr. Terry LaCroix, Chairman, request-
ing a joint meeting of the Council, Board of Education and Recreation Commission be
held during October, 1958, to discuss ways and means for completion of Alameda Swim
Center.
Councilman Schacht said he felt the City Manager should be asked to arrange such a,
meeting on a date convenient for all concerned. After some discussion, a tentative
time was set for Tuesday evening, October 7, 1958, following the regular meetings of
the Council and Board of Education. Mr. Weller was requested to confirm the date
after checking with the other agencies concerned.
10. From City Planning Board, signed by Mr. Schoenfeld, Secretary, submitting copy
of its Resolution No. 34, concerning revision of the Outline Master Plan to elimin-
ate the perimeter road.
Councilman Collischonn moved a Public Hearing be held on this matter at the next
meeting of the Council on Tuesday evening, September 16, and the Clerk be directed
to advertise a notice to this effect. The motion was seconded by Councilman
Petersen and unanimously carried.
114 . From the City Manager, recommending contract be awarded to J. R. Armstrong
Construction Co., Inc., low bidder, for the project of Constructing a Temporary
Storm Drainage System for Washington Park Fill Area, in accordance with Specifica-
tions, Special Provisions and Plans therefor, No. PW 8- 58 -13, at the total cost of
?_, 754 •
Councilman Freeman moved the recommendation be adopted; that contract be awarded to
said Corporation for the specified project at the price quoted and the bid bonds be
returned to the unsuccessful bidders. 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 Collischonn introduced the following ordinance, after which it w as
laid over under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Amending Section 17 -364.1 of the
Alameda Municipal Code, Relating to Parking Limits
in Parking Meter Zones."
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 Repealing Ordinance No. 1118, New Series,
Which Ordinance Created, Provided for the Appointment
of Members, and Prescribed the Powers and Duties of
the Advisory Health Board."
Mr. Annibale explained that Ordinance No. 1118, New Series, set up the Advisory Health
Board and since all of the City 1s health functions have been transferred to the
County of Alameda by contract the question has arisen whether or not this Board
should be continued. If the Council believes the Advisory Health Board is no longer
necessary, this is the method by which it can be abolished.
UNFINISHED BUSINESS
1j. The matter was called up concerning the report on the petition from residents
in the vicinity of Mound, Waterton and Court Streets requesting the installation of
sidewalks, curbs and paving along said streets, through the formation of an assess-
ment district.
At this point, three communications on the subject which had been received in the
Clerk's office just this date, were read in full from the following:
Mr. and Mrs. Eric Norberg, 2917 Waterton Street, objecting to the proposed sidewalk
and dividing strip on Waterton Street, as it will narrow the lagoon and ruin the
aesthetic value of their property. It was also pointed out they had understood the
lagoons were to be no less than one hundred feet wide at any point and that they were
to end east of Court Street and they now end about thirty feet west of Court Street.
Mr. and Mrs. Carroll Henrietta, 2909 Waterton Street, stating they believe no further
improvements should be made on Court or Waterton Streets until the water main is
laid to "Utah's" property, and a portion of the cost should be borne by the developer.
They expressed strong opposition to sidewalks being installed on Waterton Street as
they desire rolled curbs. It was also requested that the pastern boundary of the
lagoons be definitely established and they, too, stated they had understood the
lagoons should be one hundred feet wide at the narrowest point.
Mr. Charles Wehn, 2905 Waterton Street, stating the recent activity in this area is
changing the appearance of the north shore line of the lagoons which is not conforming
with prior verbal explanations of the shore line plan. He suggested the unsurfaced
portion of Waterton Street be graveled to eliminate the "dust bowl" in summer and
the "mud hole" in winter which have been causes for annoyance.
Mr. J. H. Steveley, 934 Court Street, addressed the Council and explained that his
home is the only one which fronts on Court Street south of Otis Drive. He mentioned
that, according to the plans he had been given, it is proposed to pave Court Street
to about fifty feet south of his property and also install curbs. Mr. Steveley said
it is apparently intended to charge him for the paving and curbs which would extend
fifty feet beyond his lot. He felt "Utah" should pay for the area south of his prop-
erty as it will eventually be the developer's lot.
Upon request, Mr. Hanna then reviewed the several requests for street improvements
in this vicinity - beginning in March of this year for Mound Street only and, sub-
sequently, supplemented by petitions to include Waterton and Court Streets. He
referred to his memorandum of August 28, 1958, explaining the situation in detail,
which had been sent to the Councilmen.
He stated the additional information he had to present at this meeting is the result
of an actual canvass of those in the area to ascertain their positions with regard to
the suggestion that an assessment district be formed to accomplish the project. He
submitted to each of the Councilmen a map of the vicinity showing the number of lots
which would conceivably be included in said district and which was colored to indi-
cate the response of each owner. Of the entire group, only one party could not per-
sonally be contacted. They are categorized as follows: One, in favor of the assess-
ment district without modification; Five, in favor, but preferred financing through
some other source; Five, not in favor of the improvements at this time; and several
others who were not in favor of any assessment district at all.
It was obvious the majority of the property owners did not want the formation of an
assessment district.
Considerable discussion was had with regard to the extension of the water main down
Court Street by East Bay Municipal Utility District and the distribution of costs
involved.
Councilman Schacht inquired about the change in the lagoons as mentioned in the let-
ters read this evening. Mr. Hanna explained that the preliminary map of the general
lagoon system showed Shoreline Drive connecting with Otis Drive at Fountain Street.
However, the most recent thinking - and, of course, the more precise thinking which
is taking place now is that the "Drive" should come in on Court Street. The drawings
have been made up along these lines for the Tentative Map of Unit III.
Councilman Schacht asked if this is based on what the Council has accepted, to which
Mr. Hanna replied the general approval the City has given for the lagoon system on
a preliminary plan calls for the connection to come in at Fountain Street - and the
current planning of South Shore Land Co. calls for coming in on Court Street. Coun-
cilman Schacht then inquired if the Company has to have authorization from the City
tonake this change and Mr. Hanna answered that it does - the Tentative Map of Unit III
will be submitted for consideration, in which every detail will be shown.
Councilman Freeman stated that if the lagoon system plans have been changed, there
will have to be a change in the plans of the Reclamation District as the lagoons were
constructed by it - and she believes the specific number of acres under water was
spelled out originally. She asked that Mr. Hanna check on this matter, and he
pointed out this would be one of the items he would bring out in his report at the
time the Tentative Map is presented.
Councilman Freeman asked if the cost would be less if the tie -in were kept at Fountain
Street as compared with the connection at Court Street as now planned. Mr. Hanna
said he did not think there would be any difference - in fact, it could conceivably
cost the developers more when street improvements are installed because the majority
of the intersection at Waterton and Court Streets is owned by South Shore Land Co.
He referred to a large drawing which had been sent to each Councilman and explained
the situation as to land ownership.
Councilman Collischonn inquired as to the reason for changing the entrance to the
South Shore from Fountain to Court Streets. Mr. Hanna stated he believes it is
because the original connection through Fountain Street is on private property owned
by Michael and Maurine Hester - and before a road or any development work could take
place through that land the Company would have to reach an agreement with the Hesters.
Following further discussion and questions on several phases of the matter, defini-
tive answers to which could n of be given at this stage, Mr. Annibale remarked that
these issues will be pinpointed at the time of presentation of the Tentative Map and
the Council can make its decision then.
Councilman Petersen protested against the changes being contemplated by Utah Con-
struction Company or the Reclamation District without properly requesting authoriza-
tion from the Council so to do. He said he believes they have an obligation to the
Council and to the people of the community to keep them informed.
President McCall asked the City Engineer if he had discussed the matter with the
developers and Mr. Hanna replied in the affirmative and also stated the Company is
fully aware of the responsibilities it is assuming.
Councilman Freeman referred to the fact that "Utah" now has three points at which
the lagoon is less than one hundred feet wide. She suggested a letter be sent empha-
sizing that the lagoon system must be at least one hundred feet off shore. She
pointed out when the lagoon widths were first being discussed - the one hundred feet
was to be from the extension of any building or structure.
President McCall asked Mr. Hanna to obtain all information on this matter for the
members of the Council.
Discussion continued on the original issue in question and Mr. Hanna drew a sketch
on the blackboard of the blocks involved in the proposed assessment district and how
the costs have to be spread over certain lots to take care of any given half of a
street or quarter of an intersection. He pointed out a decision has to be made as
to the extent of the area to be included.
Councilman Collischonn then moved the Council defer action in this matter until
further study has been made and a determination as to the desirability of the assess-
ment district - as well as a determination as to whether the access to the South
Shore is going to be from Fountain Street or Court Street. The motion was seconded
by Councilman Petersen and on roll call carried by the following vote. Ayes: Five.
Noes: None. Absent: None.
Mr. Sidney Dowling, Jr. next addressed the Council, pointing up the fact that his
original petition was for the Council to take action to have Mound Street improved.
He had not suggested the formation of an assessment district - and Waterton and
Court Streets were not mentioned. He felt that request was not fully acted upon -
it had been deferred and, consequently, when the subsequent petitions came in from
the people who wanted an assessment district, the other request was dropped. He
suggested there should be some action on the first petition.
It was developed that Mound Street is indeed in a deplorable condition. Mr. Hanna
stated it is hoped to eliminate the "little canyons" there by running the storm
sewer across the north side of Otis Drive as part of the general improvement of the
section south of Otis Drive. Plans are now being worked on for this project, com-
bined with the one on Pearl Street, which will be ready very shortly.
It was also brought out that Mr. Dowling's request included sidewalks and curbs.
Mr. Dowling pointed out that anyone to be involved in an assessment district will
want to know exactly how much it is going to cost him before he will be agreeable
and he asked how the matter is going to be set up to ascertain who is going to be
included and how much he will pay. He urged that some action be taken with regard
to Mound Street improvement and stated that, as a developer, he would be willing to
go in on the assessment district and pay his fair share.
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15. The matter was next called up concerning a report on the Revival Meeting to be
conducted by the Jewish Evangelism International on premises in the 600 -block of
Buena Vista Avenue during the month of November, 1958.
Mr. Weller stated he merely wanted to inform the Council this proposed activity has
been fully checked by all of the City agencies interested in the regulations involved
and everything has been settled satisfactorily. The permit has been issued, subject
to conformity with all requirements made a part thereof.
NEW BUSINESS:
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16. Councilman Petersen suggested the City Manager investigate the possibility of
establishing traffic signals at San Jose Avenue and Park Street and a report thereon
be submitted to the Council. It was so ordered.
17. Councilman Freeman spoke of the congested traffic situation at Powell and Park
Streets and inquired what action is being taken on the proposed closing of Powell
Street between Oak and Park Streets.
Mr. Annibale asked the Council to defer action on this matter until the pending
litigation clarifies itself to further extent.
18✓ Councilman Schacht registered a strong protest against the holding of the annual
Air Show at the Metropolitan Oakland International Airport, especially in view of the
fact the planes fly at such terrific speeds and so low over the residential areas of
the City, causing great danger to the citizens and property. He felt a letter of
protest should be forwarded to the sponsors of the Show so that in the future plan-
ning the planes would fly out over the water instead of the populated area. Council-
man Schacht said he believes the Show is a waste of taxpayers' money, in any event.
President McCall explained the steps he had taken in an attempt to avert this very
condition, and concurred that it was in order for the City to make a formal protest
to the Port of Oakland and Oakland Junior Chamber of Commerce. There being no
objections, the City Manager was instructed to write such a letter, and it was so
ordered.
Councilman Collischonn stated the Council's concern in this matter should be pri-
marily from the standpoint of safety to the citizens of Alameda.
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19. President McCall stated he had noted last Sunday that within the swimming area
along Shoreline Drive there were outboard motor boats. He said the City should
immediately establish a restricted area for swimming by placing buoys as a boundary
and thus effect protection for swimmers - and no power boats would be allowed
within this area. He emphasized this safety measure is a necessity.
Councilman Freeman mentioned there was also an outboard motor boat in the lagoon
recently, and in view of the safety- factor importance, she suggested the Press give
the situation some publicity to help alleviate this hazard.
It was developed that the lagoons are private property and are not open to the gen-
eral public, and even though they are being used for swimming and boating, it is not
with the sanction of the City.
Mention was made of the thousands of people who flocked to the South Shore beach
over the holiday week -end - it was a 'family" crowd, keenly enjoying the beach facil-
ity in an orderly manner.
RESOLUTIONS:
20. The following resolution was introduced by Councilman Schacht, who moved its
adoption:
"Resolution No 5839
Adopting Specifications, Special Provisions and Plans
for Remodeling and Air Conditioning in the City Hall
Council Chamber; Calling for Bids and Directing City
Clerk to Advertise Same."
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.
The President declared said resolution duly adopted and passed.
FILING:
21. Specifications No. PUT 8 -58 -10 - Project of Improving the Council Chamber.
BILLS:
22. An itemized List of Claims against the City of Alameda, and the Departments
thereof, in the total amount of ,21,933.11, 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 September 2, 1958, 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:
23. There being no further business to come before the meeting, the Council adjourned -
to assemble in regular session on Tuesday evening, September 16, 1958, at 7:30 o'clock.
Respectfully submitted,
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REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, SEPTEMBER 16, 1958
The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The
Pledge of Allegiance was led by Councilman Freeman, followed by an inspiring Invoca-
tion delivered by The Reverend Mr. 0. T. Erickson, Pastor, Trinity Lutheran Church.
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 September 2, 1958, were approved as
transcribed.
WR ITTEN COMMUNICATIONS:
2. From W. °Stone Co., signed by Mr. W. Stone, requesting the removal of certain
parking meters in front of the property at 2315 Lincoln Avenue - and that the curb
be painted green to establish a fifteen - minute parking area.
Councilman Petersen moved this matter be referred to the City Manager for study and
report. The motion was seconded by Councilman Freeman and unanimously carried.
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3. From the Central Labor Council of Alameda County, signed by Mr. Robert S. Ash,
Executive Secretary, requesting the Council adopt a resolution opposing Proposition
18, the so- called (Right to Work" law.
The communication was noted and ordered filed, after acknowledgement to the effect
that the Council does not believe it is its duty or responsibility to influence
voters concerning measures which are to be on the ballot.
ORAL COMMUNICATIONS:
4. Mr. Frank Gottstein, 731 Haight Avenue, spoke of the fact that Tim's Restaurant
on Webster Street provides a parking area for its patrons across the street from its
establishment - and he felt a crosswalk should be created in the middle of the block
between Lincoln and Pacific Avenues for the safety of the patrons, rather than having
them "jaywalk" to and from their cars.
President McCall stated that, if there were no objections, he would ask the City
Manager to have this matter investigated by the Chief of Police.
HEARINGS:
5. The matter was called up concerning the Revision of the Outline Master Plan
to delete the "Golf Course Perimeter Road" as recommended by the City Planning Board
by adoption of its Resolution No. 34. The Clerk stated there is on file the Affi-
davit of Publication of the Notice of Public Hearing with regard to this subject
and also, that no protests had been registered.
Councilman Collischonn moved the Council approve the recommendation of the Planning
Board and modify the Outline Master Plan to the extent that the Golf Course Perimeter
Road will be eliminated therefrom. The motion was seconded by Councilman Schacht
and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent:
None.
REPORTS OF OFFICERS, BOARDS, ETCETERA:
6' From the City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending
approval of the division of land known as 2422 Roosevelt Drive, owned by Mr. Denzil
Patterson, subject to compliance with recommendations of the City Engineer.
Mr. Hanna stated the matter has been reviewed with the City Attorney and it is now
felt it would be desirable to have the Record of Survey actually drawn up in proper
form and then present it to the Council for its consideration before the next regu-
lar meeting, at which time action can then be taken. The matter was, therefore,
laid over to the meeting of October 7, 1958.
7. From the City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending
the reclassification of certain land at the northwest corner of Otis Drive and
Willow Street (3.5 acres owned by South Shore Land Co.) from the Administrative -
Professional District to R -qPD, Neighborhood Apartment - Planned Development District.
Councilman Collischonn moved a Public Hearing on this matter be set for the Council
meeting of October 7, 1958, and the City Clerk be directed to advertise same. The
motion was seconded by Councilman Schacht and unanimously carried.
8 From the City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending
the maintenance of the present zoning for certain properties known as 1535 -1553
Lincoln Avenue on the grounds that the existing land use plan represents the greatest
good for the greatest number of people.
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The Clark stated an appeal by Messrs. Tung, Gerald S. and Lee Wong from said decision
of the Board has already been filed. Also, in connection with this matter, a letter
was read from Mr. Morris Schwartz, owner of property in the 1200-block of Lincoln
Avenue, registering his protest against any rezoning in this vicinity to more com-
mercial areas.
Councilman Petersen moved the Public Hearing on the matter be set for the next meeting
of the Council on October 7, 1958, that the City Clerk be instructed to advertise same
and the appeal from the Messrs. Wong be continued to that date. The motion was
seconded by Councilman Schacht and unanimously carried.
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9. From the City Manager, recommending a certain storm sewer easement in connection
with the Patterson property on Roosevelt Drive be abandoned and a parallel easement
easterly thereof be accepted.
It was explained that the existing easement precludes the use of the lot. The mat-
ter was thereupon referred to "Introduction of Ordinances".
10V . From the City Manager, referring to the Standard Specifications prepared by the
City Engineer for the uniformity of construction of docks in the lagoon system,
copies of which had been submitted to the Councilmen for their information - and
requesting permission to transmit the Specifications to the City Planning Board for
its study and recommendation.
Councilman Freeman moved the matter be referred to the Planning Board for said review
and recommendation. The motion was seconded by Councilman Petersen and unanimously
carried.
11. From the Recreation Commission, signed by Mr. Terry LaCroix, Chairman, suggest-
ing the possibility of food concessions as a service to the public on the South Shore
Beach and as a source of revenue to aid in beach maintenance. It was recommended the
City Manager be authorized to negotiate a rider to the present park concession con-
tract of Mr. Pete Alexander for exclusive food concession rights in return for a ten
per cent gross revenue reimbursement to the City.
Councilman Freeman felt there are several phases involved in this matter and suggested
it be studied at a Committee of the Whole meeting.
Mr. Weller explained there are probably only four or five weeks left this year when
there would be any demand for such service.
Councilman Collischonn said that, with the short period of time available this season,
it might be opportune to try this as an experiment and it would give the City some
knowledge of the operation by which it could better judge how to handle the situation
next year.
There was considerable discussion as to the granting of peddlers' licenses and the
exclusive right for the beach area itself. Mr. Annibale stated that once the right
has been granted to operate on public streets, it can be anywhere but insofar as
the beach area is concerned, the Council has the power to grant exclusive use thereof
in this respect.
Councilman Petersen concurred that the trial period is worthwhile but also felt the
matter should be given further study for future consideration and, therefore, sug-
gested the matter be referred to the Recreation Department so it can compile data
and submit said information to the Council.
Following some further discussion, Councilman Petersen moved there be a rider appended
to Mr. Alexander's contract, allowing him to operate a food concession on the beach
area for a period of sixty days, that the City Manager be authorized to execute said
modification of the agreement, bearing in mind the standards of safety and welfare to
the citizens of the City of Alameda, together with provision for the gross revenue
to be received by the City and, also, the matter of studying proposed concessions on
the beach for the future be referred to the Recreation Commission for its investiga-
tion of other locales under similar conditions. The motion was seconded by Council-
man Freeman,
Mr. Alexander was called upon and stated there is a need for some food concession on
the beach now. He also pointed out the use of this new beach area has cut down con-
siderably on his gross sales at Washington Park. Mr. Alexander explained that he
would use his mobile unit on the beach and also said he understands that peddlers
have the right to move along Shore Line Drive for the sale of refreshments - however,
they cannot remain stationary.
The time element was discussed further and, with the consent of his second, Councilman
Petersen amended his motion in this respect totnve the agreement modified to allow
the concession operation from this date to December 31, 1958. Councilman Freeman
also suggested the motion include the request that the Recreation Commission report
its findings to the Council. This was acceptable to Councilman Petersen and he again
amended his motion accordingly. The question was then put and the motion as amended
was carried by the following vote. Ayes: Five. Noes: None. Absent: None.
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12. From the City Manager, reporting on the bids received for the project of Remodel-
ing and Air Conditioning the Council Chamber. It was pointed out the bids ran higher
than had been e stimated or for which funds were included in the budget. In the event
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the Council wishes to proceed,however, it was recommended contract be awarded to
Dyer & Truitt, low bidder, in the amount of $10,886.
Financial details were explained by the City Engineer. He stated all of the items
included in the Specifications are desirable and necessary - they have been needed
for a long time - and if they are not taken care of now, they will be requested in
the future, at which time the cost will probably be even higher.
Councilman Collischonn moved the Council award the contract for this project to the
specified firm at the price 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 following vote. Ayes: Five. Noes: None. Absent: None.
1j. A letter was read in full from Alameda Municipal Civil Service Employees Asso-
ciation, signed by Mr. Arthur L. Berg, President, requesting a salary increase of
4.5 per cent, equal to that voted to the Bureau of Electricity employees by the
Board of Public Utilities.
President McCall informed the Council he believes the Civil Service Board meets this
Thursday evening and this subject is up for discussion. He suggested this letter be
referred to the Board for its consideration.
Councilman Freeman questioned the Public Utilities Board's acting contrary to the
Civil Service Salary Step Plan, to which Mr. Annibale replied by referring to the
Charter provision whereby said Board is given the power to fix the compensation for
all employees of the Bureau.
Councilman Freeman stated perhaps a change should then be made in the Charter because
it seems to her that if a salary step plan is in effect the Public Utilities Board
should adhere to it.
Upon request, Mr. Weller stated that, as a member of the Public Utilities Board, he
had voted against the increase to be granted because he felt all salaries should be
on the same basis and a flat percentage increase does not correct certain inequities.
He explained other phases of the situation, pointing up the fact that he believes
the increase is not justified.
Councilman Petersen said the Public Utilities Board is appointed by the Council and
such a Board which is delegated to serve in behalf of the Council should at least
notify the Council when it is about to take such action in order that all can act
together in a cooperative manner. He felt consideration should be given in the
near future to a Charter change concerning this Board.
In response to Councilman Freeman's question, Mr. Weller replied that in those classi-
fications which appear to be directly comparable there are one or two instances where
the salaries paid in the "City" organization presently are slightly higher than those
currently being paid at the "Bureau" but there are also instances where salaries for
matching classifications are in the range of ten to twelve per cent higher at the
Bureau and, as a general rule, the salaries at the Bureau are somewhat higher. He
mentioned that the Bureau has many job classifications which the City does not have
at all, such as lineman, etcetera, and therefore comparisons cannot be made.
Councilman Freeman inquired if the Personnel Director and the Civil Service Board
could work out the problem so that salaries are more closely related, if the Public
Utilities Board is willing to work through them. Mr. Weller said he thinks this
could be done, although what it would mean over any extended period of time is that
some classifications would m ove at a time when others would not, due to these dif-
ferent classifications.
President McCall spoke of the efforts of the Mayors' Conference to establish a uni-
form salaries schedule in all East Bay cities and the difficulties encountered in so
doing because of political aspects in some cities. He stated he realized this action
by the Public Utilities Board would create a morale problem in the City. He said
the Civil Service Board had recommended that no salary increases be given at this
time and the Public Utilities Board was aware of that. He suggested the communica-
tion from the Employees Association be referred to the Civil Service Board and the
Association be informed accordingly.
Mr. Weller referred to the so- called uniform salary plan in the Bay area and explained
this does not presuppose that every employee of like job classification would get
the same salary in every city. What is involved is that the step plan in each city
would be the same and what this would accomplish would be that if some city were dif-
ferent from another, it would be different by one step or two steps. He cited cer-
tain cases to illustrate the point. He also mentioned that he had asked the Person-
nel Director, prior to the action taken by the Public Utilities Board, to resurvey
salaries and take the matter before the Civil Service Board. This was done because
the survey which was submitted to the Council several months ago was made just prior
to July 1 and, subsequent to that time, several of the other cities and some private
industries in the area have changed their salary pattern. He said that, in fairness
to the employees, he felt the Council and Civil Service Board ought to know what the
present situation is and, therefore, the survey has been in progress for two or three
weeks.
Councilman Schacht raised the question of comparison of salaries in private industry
and civil employees. Mr. Weller replied that he thinks the most important element
in a salary survey is what is being paid in the private labor market in a given area,
and therefore most of the survey work ought to be done right in the area from which
the employees are to be drawn, and that includes both private and public agencies.
Following further discussion, Councilman Freeman reiterated there is a need for some
Charter changes and the City Manager and City Attorney were directed to confer on
this matter and present information to the Council as to the timing and necessary
requirements in order to effect a general Charter change or specific Charter changes
and the Council can then take further action.
Councilman Collischonn said he felt the appointment of a representative Citizens'
Committee would take some time and the matter should be given some thought right now.
Mr. Annibale stated he believes the Constitution of the State of California requires
that if a complete change of Charter is going to be made, a Freeholders' Committee
be elected or selected. He said he would like to check on this point and advise the
Council.
It was determined the letter from the Association would be referred to the Civil
Service Board.
INTRODUCTION OF ORDINANCES:
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 Exchange of Certain
Easements for Storm Water Sewer Purposes."
(Patterson property - 2422 Roosevelt Drive)
UNFINISHED BUSINESS:
15. Councilman Petersen referred to the letter from Mr. Annibale concerning the Bay
Area Air Pollution Control District and its ban against burning at the City Dump, and
stated he had also read other statements on the subject. He inquired if it would be
possible to request the Alameda County Board of Supervisors to amend its resolution
which created said District, to allow the City certain powers in view of the fact
the City had not been able to get any satisfaction from the District Board. Mr.
Annibale explained the procedures involved in establishing and dissolving said
District.
Following considerable discussion on the matter, Mr. Annibale stated he has reached
the conclusion the City should seek any remedies it desires through legislation at
the State level. President McCall suggested possibly other cities in the Bay Area
might be interested in this approach and the respective Assemblymen could be con-
tacted in this respect. Mr. Annibale said he would like to discuss the whole situa-
tion with the Council in a Committee of the Whole meeting to ascertain exactly what
type of amendments should be requested - to rectify Alameda's specific problem or to
go further insofar as the Bay Area Air Pollution Control District is concerned.
Councilman Petersen then spoke of the infestation of rats from the City Dump and
asked what can be done to insure health and safety conditions with this situation
prevailing. Mr. Annibale stated the only answers are to spread poison or adopt a
fill and cover operation - the latter of which is astronomical in cost to the City.
Mr. Hanna was called unon and explained this matter is being studied by the County
Vector Control Officer, Dr. Samson, who has inspected the City Dump and has made
recommendations. He stated Dr. Samson expects to have some new results very shortly
and he felt the number could be controlled by a poisoning system which would be quite
economical. Mr. Hanna said he would check on the progress being made.
V
16. Councilman Freeman referred to her request some time ago that the City Attorney
write to the Water Resources Board to ascertain exactly to whom the Reclamation Dis-
trict is responsible. She said it appears the District comes under provision of
State Law No. 53700 and she interprets this to mean the District is responsible for
all reclamation and retention until it is dissolved.
Mr. Annibale stated that as long as the District remains in existence it retains its
powers under the Water Code and, in response to Councilman Freeman's query, he said
the District can pass its responsibility by contract or otherwise, under the ordinary
power of any Government Agency to subcontract whatever its duties and responsibilities
are.
Councilman Freeman said her question is - do the taxpayers and the City have to accept
the expense of retention, for which the Reclamation District is responsible at this
time, before the District is dissolved? Mr. Annibale referred to the Fill Agreement
and stated it is his recollection that insofar as the retention of the beaches, which
are on City land, is concerned, it calls for a City responsibility after they have
been established. Also, the perimeter road is on City land and it, again, is the
responsibility of the City to maintain. Insofar as the lagoon system is concerned,
walls have been placed along the north side and the responsibility of retention thereof
may be passed to the property owners, under contract provisions. He pointed out the
City has agreed to accept the operation of the lagoon system as the storm water drain-
age system of the City.
Councilman Freeman asked Mr. Annibale to ascertain the exact status of the situation -
whether or not the Reclamation District can turn these responsibilities over to the
City and force it to carry them out. Mr. Annibale stated he would check on the
matter.
RESOLUTIONS:
17: The following resolution was introduced by Councilman Collischonn, who moved
its adoption:
"Resolution No. 5840
Approving and Adopting a Budget for the Fiscal Year
1958-1959; Appropriating Certain Moneys for the
Expenditures Provided in Said Budget for Said Fiscal
Year and Ratifying Certain Expenditures Heretofore
Made."
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.
18. The following resolution was introduced by Councilman Schacht, who moved its
adoption:
"Resolution No. 5841
Fixing the Rate and Levying a Tax on All Real and
Personal Property in the City of Alameda for the
Fiscal Year 1958-1959 and Apportioning the Same
Among the Several Funds of the City."
The motion to adopt said resolution was seconded by Councilman Collischonn.
Speaking on the question, Councilman Petersen said he felt the Council should attempt
to reduce some services in order to cut down on City expenses and the reduction
should be forthcoming this year if at all possible. He said the biggest problem the
City faces is the situation concerning Bureau of Electricity funds, and referred to
a financial statement setting forth the Bureau's earnings, dividends to the City and
the Capital Outlays Program. Councilman Petersen contended the earnings had increased
considerably in recent years but the City's dividends had not increased in proportion
and he also noted the Capital Improvement Program had been extended and felt this
money was lost to the taxpayers.
Councilman Petersen stated he could see no sign of working agreement between the
Public Utilities Board and the Council and he thinks there should be a close liaison
between these two Bodies in order that all might be cognizant of the financial status
and be able to settle all problems to the satisfaction of the citizens. He felt the
City is entitled to more revenue from the Bureau because it is the taxpayers'
"dollars" and the Improvement Fund ought to be coordinated with the City under a
working agreement.
Councilman Collischonn concurred that Councilman Petersen's statements have some merit
but he did not think the Council should give the impression to the citizens that there
is any wrongdoing in connection with the operation of the Bureau. He felt the Public
Utilities Board has done a remarkable job - it is faced with increased costs just
as the City is. He said it is high time, however, that representatives of the Bureau
should meet with the Council and give some information about its operation and jus-
tify its position. He thereupon urged that the Council issue a further invitation
to said Board and Mr. Baxter to meet with the Council in this respect, either at a
regular Council meeting or in Committee of the Whole.
There being no objections, President McCall asked Mr. Weller to arrange such a meet-
ing, possibly at a time following the Board's regular meeting on the second Thursday
evening of the month.
The question was then put and the resolution was adopted by the following vote. Ayes:
Five. Noes: None. Absent: None.
19. The following resolution was introduced by Councilman Freeman, who moved its
adoption:
"Resolution No. 5842
Resolution of Intention to Order the Vacation of a
Portion of Ninth Street, in the City of Alameda."
The motion to adopt said resolution was seconded by Councilman Collischonn and on roll
call carried by the following vote. Ayes: Councilmen Collischonn, Freeman, Petersen
and President McCall, (4). Noes: None. Not Voting: Councilman Schacht, (1).
Absent: None. Councilman Schacht explained that he had to disqualify himself due to
a conflict of interests.
20. The following resolution was introduced by Councilman Freeman, who moved its
adoption:
"Resolution No. 5843
A Resolution Determining Unpaid Assessments and
Providing for Issuance of Bonds - Bay Farm Island
Assessment District No. 58-1."
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.
21. The following resolution was introduced by Councilman Collischonn, who moved its
adoption:
"Resolution No. 5844
A Resolution Calling for Bids on Sale of Improvement
Bonds - Bay Farm Island Assessment District No. 58-1."
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.
22. The following resolution was introduced by Councilman Schacht who moved its
adoption:
"Resolution No. 5845
Resolution of the Council of the City of Alameda
Urging and Requesting the Public Utilities Commission
of the State of California That Accelerated Amor-
tization and Depreciation be Not Used as a Basis
for the Determination of Gas and Electric Elates."
The motion to adopt said resolution was seconded by Councilman Collischonn.
Speaking on the question, Councilman Schacht stated there is pending, before the Pub-
lic Utilities Commission a Hearing scheduled to be hold in San Francisco, September 24,
1958, and in Los Angeles, October 1, 1958. The policy of the Commission, in the past,
has been to include in its rate-fixing only actual expenditures in the rate base upon
which the Utilities are guaranteed a fixed rate of return. Presently, several of the
Utilities are paying no taxes for a five-year period on facilities on which they
have been granted a Certificate of Necessity write-off. The Commission Staff has
testified this, in the case of the Pacific Gas & Electric Company, means some four-
teen and one-half million dollars out of the users pockets and in the case of
Southern California Edison Company, some almost seven million dollars per year. He
said the matter is somewhat complicated and asked that Ir. Weller explain the situa-
tion further, which was done by the citing of financing methods under which the
utilities operate.
Councilman Schacht also stated the present setup is against the best interests of the
citizens of Alameda and of the State. He pointed out the California Municipal Utili-
ties Association, of which the City is a member, is on record by resolution as a
protestant in this matter, and he is aware that the present system is detrimental
to the municipal public utility.
It was developed that the accelerated amortization is a new feature and would have
the tendency to raise rates.
Some discussion ensued as to whether or not the local Public Utilities Board should
first adopt a resolution and then request the City Council to do so. Councilman
Schacht pointed out time is of the essence in view of the Hearing scheduled for
September 24, and the Bureau is taking its action through the California Municipal
Utilities Association, as mentioned by Mr. Weller.
The question was then put and the motion carried by the following vote. Ayes: Coun-
cilmen Collischonn, Freeman and Schacht, (3). Noes: Councilman Petersen, (1). Not
Voting: President McCall, (1). Absent: None. Councilman Petersen explained his
vote by stating he did not have sufficient knowledge of this matter to feel qualified
to cast an affirmative vote. President McCall stated he had to abstain from voting
due to a conflict of interests.
The President thereupon declared all of the foregoing resolutions duly adopted and
passed.
ORDINANCES FOR PASSAGE:
23. "Ordinance No. 1280,
New Series
An Ordinance Repealing Ordinance No. 1118, New
Series, Which Ordinance Created, Provided for
the Appointment of Members, and Prescribed the
Powers and Duties of the Advisory Health Board."
Councilman Petersen moved the ordinance be adopted as submitted. The motion was
seconded by Councilman Schacht and on roll call carried by the following vote. Ayes:
Five. Noes: None. Absent: None.
440
Councilman Collischonn suggested the City Clerk write a letter to each member of the
Board, explaining the reason for this action and expressing appreciation for his
services. It was so ordered.
24. "Ordinance No. 1281,
New Series
An Ordinance'Amending Section 17-364.1 of the
Alameda Municipal Code, Relating to Parking
Limits in Parking Meter Zones."
Councilman Freeman moved the ordinance be adopted as submitted. The motion was
seconded by Councilman Collischonn and on roll call carried by the following vote.
Ayes: Five. Noes: None. Absent: None.
FILING:
25. Financial Statement - Bureau of Electricity, as of July 31, 1958 - Verified
by Hackleman & Larzelere.
26. Auditor's Report - City of Alameda, for fiscal year ended June 30, 1958.
27. Final Budget for Fiscal Year 1958-1959.
BILLS:
28. An itemized List of Claims against the City of Alameda and the Departments
thereof, in the amount of $16,386.76, 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 September 16, 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.
ADJOURNMENT:
29. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, October 7, 1958, at
7:30 o'clock.
Respectfully submitted,