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1958-12-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, DECEMBER 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 the Invocation, delivered by The Reverend Mr. Herbert Guice, Pastor, Bethel Missionary Baptist Church. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. At this point, President McCall asked Mr. Richard Ricca, Tribune reporter, to introduce his guest. Mr. Aissa Benchekroun, Press Attache of the Foreign Ministry in Morocco, was presented and welcomed to the meeting. MINUTES: 1. The minutes of the regular meeting held December 2, 1958, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Neil J. and Carolyne Dunford, submitting a verified claim against the City for general damages and burial expenses in the total amount of 526,000., in connection with the death of their son. Councilman Schacht moved the claim be rejected and the matter be referred to the City Attorney to be forwarded to the City's insurance carrier for representation. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 3: From The Alameda County Mayors' Conference, signed by Mr. Roy S. Milligan, Chair- man, urging all cities to establish uniform regulations for private burning. Councilman Collischonn moved the matter be referred to the City Manager for further study and report. The motion was seconded by Councilman Schacht and unanimously carried. 4f From Renard Catering Service, signed by Mr. Robert A. Renard, requesting he be allowed to change the operation of the Alameda Golf Course Coffee Shop from table service to cafeteria counter service, which will effect a more efficient system of operation. Councilman Freeman moved Mr. Renard's request be granted in that the change will result in more remuneration to the City as well as be advantageous to Mr. Renard. The motion was seconded by Councilman Schacht. Speaking on the question, Councilman Collischonn said he assumed the necessary altera- tions in this change -over will be made at the expense of the concessionaire. Mr. Weller stated this is true. Councilman Collischonn also suggested that in granting this request the condition be incorporated that Mr. Renard be obliged to restore the premises to their original status upon the termination of his concession contract, if the City so desires. Councilmen Freeman and Schacht accepted the suggested condition as an amendment to the motion. The question was then put and the motion, as amended, carried on the following vote. Ayes: Five. Noes: None. Absent: None. 5. From Jones, Thenn & Associates, signed by Mr. Calvin M. Jones, Engineering Con- sultant, requesting approval of the Final Map of Tract No. 1986, South Shore Unit No. III. 6v. From South Shore Land Co., signed by Mr. Charles T. Travers, Vice President, in connection with the request for approval of the Final Map of said Tract No. 1986, and stating the bond and subdivision agreement were currently being prepared and would be forwarded to the Council prior to t his meeting. Mr. Hanson suggested the matter presented by these two communications be referred to "New Business", at which time the Council can discuss it and determine whether or not the Council wishes to consider it at this meeting. It was so ordered. 7. From Mrs. G. J. Cummings, 869 Walnut Street, registering her protest against the change of route for the No. 61_ Motor Coach Line. Councilman Freeman said this was the very thing she was concerned about when the route change was being discussed - that those who previously, had bus service under the old route now had to walk quite a distance. Mr. Weller pointed out it had been agreed, in setting up this alternate route through the South Shore Shopping Center, that the matter would be reconsidered at the end of a ninety -day trial period. He suggested copies of Mrs. Cummings' letter be sent to the Key System Transit Lines and to the Public Utilities Commission so that all concerned will have a file on the subject and when the time for review arrives, any comments of this kind can be adequately con- sidered. It was so ordered. ORAL COMMUNICATIONS: 8. Mrs. Frank J. Cousins, 1220 Walnut Street, stated she was interested in the "Workable Program" and inquired if she should speak on the subject at this time or wait until it came up under "Unfinished Business" where it is listed on the agenda. Mrs. Cousins was assured she would be given an opportunity to speak when the matter was being discussed later. 9/ Councilman Freeman inquired if Mr. Gottstein was sent copies of reports con- cerning matters on which he had raised questions or made suggestions. She felt he should be informed of the results of his requests. Mr. Weller stated he had been sending such information to Mr. Gottstein - and it was agreed that anyone who made any presentation to the Council would be informed of the results thereof. 10 Mr. Frank Gottstein, 731 Haight Avenue, expressed appreciation to Councilman Freeman for her interest on his behalf. He stated he felt the matter was b eine; followed up with regard to the dark approach to Posey Tube due to the freeway over- pass on the Oakland side and he was glad to note the lighting at the curve in the Tube had been improved. Mr. Gottstein also again spoke of those commercial vehicles which do not have the "decals" displayed which would indicate the owners have paid a business license. He felt this problem should be concentrated upon because if all violators were appre- hended it would result in additional revenue for the City. 11. Mrs. Carol Heche, 1521 Union Street, spoke of the traffic hazard on Grand Street now, due to excessive speed of automobiles using this thoroughfare to and from the South Shore area. She suggested a "Slow" sign be placed on the bridge as a precau- tionary measure. Mr. Weller reported there had been several complaints from the residents on Grand Street in connection with the substantial increase in traffic since the fill area has been completed. He stated the Mobile Radar Unit had been stationed there and the graph showed there was very little in terms of actual excessive speed. He said he would like to contact the President of the Alameda Home Owners Association,which is principally interested in this problem, have him come in and go over the record with either Chief Drake or Captain Bertrand and then, perhaps, Mr. Bothwell could take it up at one of the Association's meetings. Mr. Weller pointed out the problem is thoroughly understood - heretofore, Grand Street has been a quiet, residential thoroughfare - which it is not any more. He said he doubted if traffic conditions will ever be the same there as they were before. He felt a presentation of the situa- tion to the Association would do more to explain just what has happened to the traffic pattern and what the City is trying to do than anything the Council can do here. It was agreed the City Manager would proceed along the line suggested by him, 12. Mr. Gottstein reiterated his protest against trucks which do not have the decals visible and felt the Police Officers should be more alert in checking such vehicles and issuing citations if it proves necessary. In response to Councilman Petersen's question, Mr. Weller emphasized there are hun- dreds of City ordinances, plus many State laws which must be enforced by the Police Department, and it is literally impossible for the Police Department to effect one hundred per cent enforcement of any individual ordinance. He said he can assure all that the Department is lending every reasonable effort to this particular ordi- nance - but, unless he is instructed otherwise, he is not going to direct the Police Department to enforce this one to the exclusion of every other ordinance on the books. Councilman Collischonn suggested that, if feasible, all business firms be sent a form letter notifying them that if their trucks do not have the decals visible they would be subject to a fine. Mr. Weller agreed this could be done but he pointed out the State law stipulates that only a certain percentage of a windshield be covered by stickers and many businesses whose trucks operate in several cities would be in the unfortunate position of being able to comply with the State law or the City ordinance - but not both. Mr. Weller stated he would contact the Treasurer's office and request that such a letter be forwarded. 13. Mr. R. W. Royer, 3255 Thompson Avenue, suggested that when questions such as this are raised the ordinance covering the matter should be read so that everyone - not only the Councilmen, but those in the audience as well - would understand what the requirement is, whose responsibility it is to enforce it and the extent of the enforcement necessary. HEARINGS: 1 14. Continued from the last meeting was the matter of the reclassification of the "Shumaker" property on the east side of Willow Street, south of Clinton Avenue, from the "R -3P D" District to the "A -P" District. A letter was read from Paul R. Shumaker, M. D., requesting further continuance of the Hearing in connection with his property. It was ascertained there were no protests against his request. Therefore, Councilman Schacht moved the Hearing be continued to the next regular meeting to be held January 6, 1959. The motion was seconded by Councilman Collischonn and on roll c all carried by the following vote. Ayes: Five. Noes: None. Absent: None. J 15. The matter was called up for Hearing on Resolution of Intention No. 5864 to Order the Vacation of Public Utility Easements in Block 6, Tract No. 1866, South Shore Unit No. 1. 487 The Clerk stated there was on file the Affidavit of Publication of said resolution, setting forth this time and place for the Hearing and also the Affidavit of Posting Notices in the vicinity affected. Mr. Hanna explained the circumstances which now eliminate the necessity for these utility easements and it is, therefore, necessary to clear the title of the land in question and abandon these easements. He pointed out the property involved is now known as Tract No. 1947. There were no protests against the proposed abandonment of the easements and the Hearing was thereupon declared closed. The matter was then referred to "Resolutions". 16. The matter was presented for Hearing on Re solution of Intention No. 5863 to Order the Vacation of Morton Street, northerly of Pacific Avenue, The Clerk stated there was on file the Affidavit of Publication of said resolution, setting forth this time and place for the Hearing and also the Affidavit of Posting Notices in the area affected. Mr. Hanna stated this section of Norton Street is only one-half a street in width and one-half block in length. It has never been utilized as a public street and it has no purpose in the plans of either the City Engineer or the Planning Director. It would be to the advantage of the City to abandon this sec tion and have some improvements developed thereon. There were no protests against the proposed vacation of this portion of said street. Mr. Michael G. Ghiselli, Attorney, appeared as the representative of the owners of adjacent property, merely emphasizing the lack of need for this area both on the part of Alaska Packers Association, owners of property abutting on the east, who have filed a Disclaimer of Interest in the Quiet Title action, and the City of Alameda. The Hearing was then declared closed and the matter was referred to "Resolutions". REPORTS OF OFFICERS, BOARDS, ETCETERA: 17. From the Mayor, City Manager and City Auditor, submitting their report on the Count of Money held November 21, showing the sum of $3,421,558 .43 in the City Treasury. On motion of Councilman Schacht, seconded by Councilman Freeman, and unanimously car- ried, the report was accepted and ordered filed. 1 18. From the City Manager, presenting the recommendation of the Chief of Police that the speed limit on Maitland Drive to Island Road and on Shoreline and Otis Drives be reduced from fifty-five to thirty-five miles per hour. The matter was referred to "Introduction of Ordinances". 19. From the City Planning Board, recommending approval of the Record of Survey Map covering property in the vicinity of Maitland Drive and County Road, owned by Lois V. Ward, subject to the stipulations of the City Engineer and the future pro vision of street trees and lighting if it is feasible to execute agreements for said improve- ments. Attention was also called to the location of a dwelling on one of the lots involved which has a setback of only five feet from County Road. Mr. Hanna stated this matter should be reviewed at this time in order to determine the conditions to be incorporated in a resolution and the agreement, if necessary. He con- tinued with a detailed explanation of the situation and the improvements entailed in connection with the Record of Survey. Mr. Schoenfeld further explained the problem concerning the requirement of tree planting, the installation of two street lights and the possible relocation of the dwelling under provisions of an agreement when the City is ready to proceed with a program in this general area. Following discussion concerning the location of the dwelling, Mr. Hanson stated that, in this case, due to the fact the pro per building permit had been obtained when it was constructed, any attempt to require its relocation would probably be overthrown in the Courts. He felt such a condition would be unreasonable. With regard to the lighting standards, Mr. Schoenfeld pointed out the Subdivision Ordinance does permit the City to require the installation of said improvements and the Planning Board felt this would be the opportune time to en ter into an agreement with the owner to make such installations in the future when said improvements are made in the vicinity. Mr. Hanson emphasized the City has the authority to make the party sign an agreement that she will install said improvements within a specified period of time - but not the "optional" that she will do so at some time when others make like improvements. He explained the legal aspects involved which would necessitate a bond being filed or cash being put up. It was brought out that eventually an assessment district wou ld or could be set up to take care of street lighting in the area when it is more developed. Mr. Hanson also explained that the reason the matter is before the Council is because it is within the province of this Body to determine just what shall be required. He stated the lighting standards would cost $1,100. and the trees would cost only about $50., for which total amount it would be difficult, if at all possible, to obtain a bond - therefore, the party would almost be forced to put up that amount in cash. Councilman Petersen moved the recommendations of the Planning Board be denied en toto. Mr. Hanson stated the action to be taken this evening is to instruct the City Attorney to draft an agreement providing for certain conditions to be met and a resolution can then be prepared for presentation at the next regular meeting. It was developed that the requirement for lighting standards would be a hardship on the property owner but that the tree planting should be required. Mr. Schoenfeld commented that the reason for Section 11 -3123 of the Subdivision Ordi- nance is to protect the City in its future developments so that it is not faced with the constant necessity of going through this lengthy process of forming assessment districts long after the residents have filled up an area. If the City can procure these improvements at the time the area is being subdivided then the City does not have to engender a sentiment for making any improvements later - also, it has a start for a high standard which tends to carry through the rest of the area, and raises property values therein. Mr. M. McCormick, 1894 East 14th Street, San Leandro, Engineer representing the owner, stated he understands the two lots are to be put up for sale. The one lot on which the dwelling is situated will be retained by the family. Mr. John M. Bridge, 924 Broadway, President of the Planning Board, spoke in explana- tion of the Board's consideration and action in this matter - pointing up that it had been agreed the requirement for lights and tree planting would probably not be desirable at this time because of the fact the majority of the lots are not now developed - but the Board had felt some agreement should be entered into in connection with acceptance of the Record of Survey so that it would be on record that the prop- erty owner would not oppose the eventual plans for lighting and tree planting. With regard to the relocation of the existing dwelling, he said the Board merely felt the Council should be apprised of the situation. Considerable discussion was had on the requirement of a bond and the possible details to be contained in an agreement. It was suggested the matter be laid over until it had been ascertained if a bond could be obtained. However, Mr. Hanna pointed out there is a time limitation and the matter should be settled at this meeting - or with the consent of the property owner or her representative, it could be held over. Inquiry was made of Mr. McCormick if there was any objection to the matter being laid over, to which he replied he has been told it would be virtually impossible to pro- cure a bond - therefore, it would practically have to be a cash bond deposited in connection with the agreement to be drawn. He said it would be preferable for the Council to take action this evening. He said he believes the requirement for street lights would not be fair to the property owner, since the depositing of a cash bond would be the same, in effect, as installing them now. He said if the Council insists on all of these improvements being made, the whole thing might as well be forgotten because the land is not going to b e developed now. Mr. John N. James, Attorney, Bank of America Building, stated Miss Ward is somewhat restricted financially and if she is required to install the two street lights, the development of the property will stop right here, because of her circumstances. He pointed out the essence of the problem is that Miss Ward wanted to take off the lot on which the dwelling is located and dispose of the remainder of the property involved but, according to the City Engineer, this cannot be done. Discussion ensued a bout the literal interpretation of the Subdivision Ordinance with regard to requirements in development of any property and Mr. Hanson explained that the ordinance stipulates the things shall be done which the Council so determines - and the Council is not required to demand any specific item - therefore, it could determine that this owner does not have to install street lights or any other parti- cular thing. It is the Council's prerogative to decide what reasonable restrictions are to b e made. Councilman Collischonn stated that, in view of the hardship which would result to the property owner, he would move the Council accept the recommendation of the Planning Board and the Record of Survey Map be approved, with the exception that the dwelling will not have to be relocated and the street lights will not have to be installed. The motion was seconded by Councilman Petersen and on roll call carried by the fol- lowing vote. Ayes: Five. Noes: None. Absent: None. 20. From the City Planning Board, recommending amendment of the Alameda Municipal Code concerning "Uses Permitted" in the "ML" District and also setting forth the definition of "Motor Truck Terminals ". The Hearing on this matter was set for the next regular meeting of the Council, to be held January 6, 1959. 21. From the City Manager, transmitting the general salary recommendation of the Civil Service Board to be effective January 1, 1959. It was stated he concurs there - with and urges that favorable action be taken thereon. Councilman Petersen questioned the low amount of salary set up for the Assistant City Manager, as compared with certain other positions, and felt something should be done to rectify it, in view of the overall responsibilities of his position. Mr. Weller concurred that the "Assistant" acts as the City Manager from time to time and in that capacity presumably should draw more money than any of the Department Heads. He pointed out, however, the entire proposal on the part of the Civil Service Board is intended to "hang together" and, although there were several instances where he questioned the judgment of the Board, he did not want to go into them at this meet- ing because he did not want to destroy the overall validity of the recommendation. Mr. Weller remarked that, from his review of the salary schedule, there was no case where the recommendation was higher than he would have made - the only instances where he would have differed with the Board were in those cases where he felt the recommendation was somewhat too low. If the Council so desires, he would be happy to review these cases with the Personnel Director and the Civil Service Board with the idea of further review by the Council at some appropriate time. He urged the Council to accept this recommendation as an overall, comprehensive review which ought to be acted upon as one single unit. Councilman Collischonn felt the recommendation of the Board should be passed as a'unit. If there are inequities, they can be reviewed within the next month or so and the City Manager can then make further recommendations and, if adjustments are necessary, they can be made at that time. Upon Councilman Freeman's request, Mr. Forrest V. Routt, Jr., Executive Director of the Civil Service Board, gave a detailed explanation of the data reviewed and the sur- veys made to determine a fair schedule of salaries. Councilman Petersen requested that the position of Assistant City Manager be reviewed by the Civil Service Board, at its next meeting, to be held January 13, 1959, and returned to the Council at its meeting of January 20, 1959, with a recommendation on that particular position. It was suggested the other inequities be reviewed also. Councilman Petersen then restated his request to the effect that this one position be referred to the Civil Service Board before February 1, 1959, so action may be taken prior to that date, including any other inequities which may arise. Councilman Petersen then moved the recommendation of the Civil Service Board be accepted. The motion was seconded by Councilman Freeman. Mr. Weller stated he felt it necessary to point out that only this afternoon he was formally advised in writing that, as a part of the salary consideration by the Civil Service Board on December 9, it indicated its desire to recommend, if feasible, any salary increases granted at this time by the Council to the Police and Fire personnel be in the form of compensation which would not be reflected in increased costs to the Police and Fire Pension System. He emphasized he is very disturbed about the stagger - ing costs of this Pension System. He believes, however, the salary data he has seen and which has been considered by the Board with respect to the personnel of these particular departments indicates quite clearly that the proposed five per cent increase is justified at this time and he feels that, in fairness to the incumbent personnel, it should be granted in the form of salary. He agreed the problem of the Pension System cost should be given future consideration - pointing up the fact it is an extremely difficult and urgent one - but feeling this is not the time or w ay in which to do it. Mr. Weller further explained the setup under the old pension system which covers those members employed prior to 1953, whereby any retired member receives an increase in his pension when an increase is made in the current salary attaching to the position which that person held at the time of retirement. Consequently, some pensioners are receiv- ing more money now than they were drawing assalary at the time of their retirement and, therefore, the cost to the City is extremely heavy. It was brought out that the people of the City adopted this Pension System by vote. The City Council has no authority to make any changes and, as it happens, so far as is presently known, it could not be changed even by a subsequent vote of the people. Following further discussion, Councilman Petersen, with the consent of his second, withdrew his motion. Councilman Petersen then moved the salary for the position of Assistant City Manager and any other inequities be investigated further by the Civil Service Board with the request that it submit a recommendation to the Council prior to February 1, 1959. The motion was seconded by Councilman Freeman. Mr. Weller suggested the better way to handle the situation would be to refer the entire recommendation of the Board to him for consultation with the Personnel Director, with their recommendations then going to the Civil Service Board for its review. This was acceptable, and, with the consent of his second, Councilman Petersen withdrew his second motion on this matter and moved the Board's recommendation be referred to the City Manager. The motion was seconded by Councilman Freeman and unanimously carried. The matter of the general salary schedule as submitted and recommended by the Board was then referred to "Resolutions ". INTRODUCTION OF ORDINANCES: 22. 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 Amending Section 17-461 of the Alameda Municipal Code by Adding Subdivision (4) Thereto, Relating to Yield Right -of -Way Intersections." (Willow Street and Clinton Avenue) 23. 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 Amending Section 17 -364.1 of the Alameda Municipal Code, Relating to Parking Limits in Parking Meter Zones." (West side of Park Street between San Antonio and San Jose Avenues) 24. 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 Amending the Alameda Municipal Code by Amending Title XVII, Chapter 5 Article 8 Thereof, Relating to Prima Facie peed Limits." 25., 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 Amending Ordinance No. 1044, New Series, and Ordinance No. 1269, New Series, by Terminating a Lease of Certain City Property Authorized Thereby." (Bay Farm Island site for Military Purposes) UNFINISHED BUSINESS: 26. The matter was presented concerning the request from the City Planning Board to "Endorse in Principle Certain Legislative Changes to Increase the Responsibility, Powers and Taxing Limits of the East Bay Regional Park District." In view of the fact this subject had been discussed very thoroughly at the last meeting, a resolution had been prepared for this meeting in the event the Council desired to take action. There being no objections, the matter was referred to "Resolutions ". 27. The matter was called up concerning the "Workable Program ", and Councilman Collischonn referred to the letter from the Housing and Home Finance Agency, dated December 11, 1958, and signed by Robert E. McCabe. He quoted the following two sen- tences therein which he felt should allay any fears either members of the Council or the citizens of the City may have in what the Workable Program will do: "It is perfectly possible, of course, for a community to carry out its Workable Program without the assistance of any of the Federal aids." and "You will understand that the availability of these aids depends upon the community's request." Councilman Freeman agreed this is true - because the City simply would not apply to the Federal Government for any such aid - but she felt it covered a different setup than the Council had been discussing. Councilman Schacht interjected that, by the Council's adoption of a Workable Program, it allows a private individual for a private development to state this community has such a program and he then can qualify for an "HHFA" financing. The City would not have to undertake Urban Redevelopment and Urban Renewal in order to aid some private person to secure private financing under the guarantee of the HHFA. If the City adopts a Workable Program it, in no way, obligates itself to take any Federal funds. This would make available the right for an individual to attempt to secure financing more readily for a private development through a guarantee by the HHFA to the lend- ing institution which will loan money to him. Councilman Collischonn concurred this is the exact situation. Councilman Freeman contended the adoption of a Workable Program would embrace the whole setup, including the rehabilitation of blighted areas. Councilman Collischonn stated the City does not have to go into the entire setup. President McCall stated he felt the Assistant City Manager has worked closely with this matter and he could explain what the Workable Program really means. He stated this subject had been discussed at the recent 'LAMA" Conference in Boston and it was agreed the Workable Program is necessary as the basis - but it does not entail a City going into Urban Redevelopment or Urban Renewal. He then called upon Mr. Neil Clark, who reviewed the history of the Housing Act of 1954, which was an amendment to the Housing Act of 1949, through which this Workable Program developed. He pointed up the fact that the Workable Program as set forth is not going to involve the City financially - the City is not making commitments that it is going to undertake the clearance of large areas of either commercial or residential property. The Housing Codes will be upgraded, a capital improvements program established and the appoint- ment of a citizens' committee to encourage more neighborhood participation can be effected - but all of these things will be done gradually over a period of the next few years. There is no requirement for the appointment of a Redevelopment Agency. He stated practically all of the requirements can be met within the format of the pre- sent administrative setup. He concluded that he felt there is nothing in the Workable Program which should occasion concern either to the citizens of the community or to the City Council in terms of incurring rather large expenditures for these matters - it just seems like good business for the City to put its house in order and keep it that way. Councilman Petersen stated the Workable Program embraces seven points, all of which will involve details being worked out, and the City will be faced with these problems. Councilman Freeman said that, as she understands the situation, the City is only interested in developing the forty acres of Chipman Project and yet the City would incur the possibility of someone using the power of eminent domain. Councilman Collischonn stated this power would not be used unless there was a Redevelopment Agency established. He stated the sale of twenty acres of Chipman Project property is now about to be consummated and he was interested in getting the Workable Program adopted so some individual could proceed with this development. He pointed out there were also other areas in the City which could then be improved under this "Section 221 ". Councilman Freeman said she thought the matter should be put to a vote of the people, as this Council should not assume the responsibility of "opening the door" for the establishment of a Redevelopment Agency. President McCall pointed out the adoption of a Workable Program would also enable the development of the Washington Park Fill Area and Bay Farm Island property, through a private developer. The following persons then spoke in vigorous opposition to the adoption of a Workable Program - alltelieving that this would inevitably lead to the establishment of a Redevelopment Agency and the undertaking of Urban Redevelopment and Urban Renewal: Mrs. Frank J. Cousins, 1220 Walnut Street; Mr. G. N. Pope, 1820 Bay Street; Mr. C. H. McCaslin, outgoing President of the Apartment House Association of Alameda County; Mr. Bruce Holman, Past President of the Apartment House Association of Ala- meda County; Mr. Frank Gottstein, 731 Haight Avenue; Mr. Edward Hooper. Councilman Collischonn thereupon moved the adoption of the "[Workable Program" for submission to the Federal Government, but this motion is to include a policy statement by the City Council that no formal redevelopment project, involving the creation of a Redevelopment Agency, the acceptance of Federal grants or subsidies, or the use of governmental powers of condemnation, will be undertaken by Council action except upon a substantial showing of interest and desire on the part of the voters of the City of Alameda. Following some further discussion, President McCall relinquished the Chair to Vice President Petersen, and President McCall thereupon seconded the motion. On roll call the motion lost by the following vote. Ayes: Councilman Collischonn and President McCall, (2). Noes: Councilman Freeman and Vice President Petersen, (2). Not Voting: Councilman Schacht, (1). Absent: None. NEW BUSINESS: 28.'°' Councilman Petersen remarked that since everyone is in the midst of Christmas preparations he would like to make a motion that an emergency ordinance be passed pro- viding for the free use of on and off- street parking spaces presently metered. The City Attorney stated it would be very difficult to substantiate this as an emer- gency ordinance - in addition to the fact that the bond requirements would probably not allow such free use of meters, although he would want to review the latter point before definitely ruling on it. No action was taken. 29. Councilman Petersen also spoke of the removal of traffic hazards on the west side of Benton Street, between Pacific and Buena Vista Avenues. He urged that the Council request action on this matter and he suggested the necessary machinery be put in motion to have the situation promptly corrected. Mr. Hanna pointed out the expenses involved would be paid by Alaska Packers Associa- tion. There being no objections, it was so ordered. 30. President McCall reported that construction of the Boat Ramp at the north end of Grand Street has been started. He announced that on Tuesday morning, January 13, 1959, the Small Craft Harbors Commission will hold an official meeting in the Council Cham- ber, City Hall, Alameda. He also announced a Public Hearing will be held before the United States Corps of Engineers on Tuesday morning, January 20, 1959, in the Council Chamber, City Hall, Alameda. The City Departments concerned have been notified to prepare data with regard to the waterways, etcetera, surrounding the City, for pre- sentation at that time. 31. With regard to the Final Map of Tract No. 1986, South Shore Project Unit No. III, Mr. Hanson explained that an Agreement had been received just today which has been reviewed by the City Engineer and by him. It is substantially in the form of the previous Agreement with the South Shore Land Co. He pointed out the ordinance pro- vides that the Agreement and the Final Map should be accompanied by an instrument conveying all easements required for public purposes. The "Company" had set forth the easements on the Map itself, which, according to the City Engineer, did specify the limitations and uses - however, it is not a separate document. He said it would, in his opinion, substantially comply with the ordinance requirement. He said he merely wanted to call the Council's attention to this matter, as the Councilmen had not yet seen the Agreement itself. Councilman Petersen suggested the matter of approving the Final Map be placed on the agenda for the Council meeting of January 6, 1959, in order that all could have an opportunity to read the Agreement during the interim. It was brought out there is some urgency in getting the matter settled and after con- siderable discussion, it was determined the Council would adjourn this meeting to an adjourned regular meeting to be held Monday afternoon, December 22, 1958, at 5:00 o'clock. RESOLUTIONS: J 32. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5872 A Resolution Accepting Work and Directing Engineer to File Notice of Completion - Bay Farm Island Assessment District No. 58 -1." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call c arried by the following vote. Ayes: Five. Noes: None. Absent: None. 33. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5873 Creating a Special Reserve Fund to be Known as "Golf Course Improvement Fund" and Transferring $22,000. from the General Fund Thereto." The motion to adopt said resolution was seconded by Councilman Collischonn. Speaking on the question, Councilman Petersen stated that the expenditure of 146,000. in excess of the Golf Course Improvement Bond Issue of $700,000., which sum has not been reimbursed, does not warrant the creation of a Golf Course Improvement Fund until some better means of handling this situation occurs. He said he would, therefore, cast a "No" vote. The motion carried on the following roll call vote. Ayes: Four. Noes: Councilman Petersen, (1). Absent: None. 34. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 58 �4 Designating Grand Street North of Buena Vista Avenue as a Major City Street." 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. 35. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5875 Authorizing the City Attorney to Employ Special Legal Counsel and Fixing the Compensation Therefor." 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. 36. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5876 Ordering the Vacation of Public Utility Easements in Block 6, Tract 1866, South Shore Unit No. 1, 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: Five. Noes: None. Absent: None. 37. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5877 Ordering the Vacation of a Portion of Morton Street, in the City of Alameda." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 38, The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. A Resolution Urging in Principle Certain Legislative Changes to Increase the Responsibility, Powers and Taxing Limits of the East Bay Regional Park District." The motion to adopt said resolution died for lack of a second. 39. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5878 Amending Subsection 8, Paragraph 2, Section 2 of Resolution No. 5814, Setting Forth Positions and Designating the Compensation for Certain Officers and Other Employees of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE : 40. "Ordinance No. 1289, New Series An Ordinance Authorizing the Exchange of Real Property Between the City of Alameda and Bay View Development Corporation." (Encinal Avenue and Fernside Boulevard) Councilman Schacht 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. 41. "Ordinance No. 1290, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Powell Bros., Inc., 2008 Pearl Street) 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: 42. Financial Statement - Bureau of Electricity, as of October 31, 1958 - Verified by Hack Leman & Larzelere. 13. Auditor's Financial Statement - City of Alameda, as of November 30, 1958 - Verified by Hackleman & Larzelere. 44. Supplemental Agreement No. 3 - in connection with Lease between City and United States of America (Bay Farm Island site) BILLS: 45. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $23,441.38, was submitted to the Council at this meeting. X94 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 December 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: 46. There being no further business to come before the meeting, the Council adjourned to assemble in adjourned regular session on Monday afternoon, December 22, 1958, at 5:00 o'clock. Respectfully submitted,