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,