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1957-02-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, FEBRUARY 5, 1957 The meeting convened at 7 :30 o'clock p.m. with President Kranelly presiding. The Pledge of Allegiance was lead by Councilman Moresi. Due to the fact The Reverend Robert Peters of the First Assembly of God did not appear to deliver the Invocation, President Kranelly called upon the Boy Scouts to recite their Oath, which was done in a very impressive manner. ROLL CALL: The roll was called and Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held January 15, 1957, were approved as transcribed. OPENING OF BIDS: 2. Bids were opened and read for the project of the General Construction of Woodstock Park and Playground, in accordance with Specifications, Special Provisions and Plans therefor, No. PW 12- 56 -28, as follows: From The Colorado Fuel and Iron Corporation Accompanied by certified check in amount of 700.00 (Fences and Backstop only) 4,508.00 From Wonderland Landscape Co. Accompanied by a Bid Bond (Landscaping only) 6,886.00 From J. Henry Harris Accompanied by a Bid Bond (Site Work and Utilities) From Anchor Post Products, Inc. Accompanied by certified check in amount of (Fences and Backstop only) From 0. C. Jones and Sons Accompanied by a Bid Bond (Site Work and Utilities) 39,395.00 - - - - 420.00 - - - 4,142.00 35,284.00 From United States Steel Corp., Cyclone Fence Dept. Accompanied by a certified check in amount of - - - - 400.00 (Fences and Backstop only) - - - - 3,950.00 From Watkins & Sibbald Accompanied by a Bid Bond (Site Work and Utilities) (Landscaping) From Gene Si le r Accompanied by cashier's check in amount of (Landscaping) From Rudolph Watson Accompanied by a Bid Bond (Landscaping only) From John H. Buestad (Total) Accompanied by a Bid Bond (Site Work and Utilities) (Building Alterations) (Landscaping) From Gallagher & Burk, Inc. Accompanied by a Bid Bond (Site Work and Utilities) From San Jose Steel Co., Inc. Accompanied by a Bid Bond (Fences and Backstop only) From Huettig & Schromm, Inc. Accompanied by a Bid Bond (Site Work and Utilities) (Landscaping) 35,089.00 5,355.00 585.00 5,850.00 11,970.00 59,771.00 33,481.00 11,280.00 11, 160.00 36,952.00 4,462.00 31,328.00 6,427.00 3. Six bids were received and read for the project of Installing a Complete Sewer System, including a Pumping Station, to serve the Alameda Municipal Golf. Courses, 87 in accordance with Specifications and Special Provisions therefor, No. PW 1 -57 -1, as follows: From Halbach Pipe Line Construction Company - - - - - 418,833.88 Accompanied by a Bid Bond From McGuire and Hester 20,262.80 Accompanied by a Bid Bond From Scott Co. 18,788.72 Accompanied by certified check in amount of 2,000.00 From Valley Engineers, Inc. 19,934.80 Accompanied by a Bid Bond From Prodanovich, Inc. 20,616.00 Accompanied by a Bid Bond From Manuel Enos 24,745.00 Accompanied by a Bid Bond All of the foregoing bids were referred to the City Manager for study and recommendation. ,WRITTEN COMMUNICATION: 4. From The Atchison, Topeka and Santa Fe Railway Company, submitting application, on =behalf of the Alameda Belt Line, for the construction, maintenance and operation of a spur track across a portion of Clement Avenue. Said track will serve Listo Pencil Company and Inland Ladder Company. The matter was referred to "Resolutions". 5. From Alameda Chamber of Commerce, suggesting the Council investigate the merit of controlling the distribution of handbills and the possession and sale of spring - blade knives in the City, by ordinance. A copy of the Richmond Ordinance on the subject of handbills accompanied the letter. It was brought out that Alameda already has regulations governing the distribution of handbills - but does not have any ordinance with regard to spring - blade knives. The matter was referred to the City Manager and City Attorney for study and report - with the suggestion Mr. Froerer ascertain from the Chamber just what phase of the subject of handbills it had in mind. 6. From the Board of Trustees of Reclamation District No. 2087, submitting copy of its resolution approving Estimate No. 14 and requesting the Council approve Demand Warrant No. 40, in the amount of $34,296.48, payable to Utah Dredging Company. The matter was referred to "Resolutions ". 7. From Associated Home Builders of the Greater Eastbay, Inc., signed by John I. Hennessy, Executive Vice President, requesting the Building Code used by the City of Alameda be amended by the inclusion of a section as enclosed, to cover the application of exterior stucco plaster. The City Manager was instructed to review the matter and make a report. 8. From the San Leandro Planning Commission, signed by Mr. Zeno H. Mauvais, Chairman, concerning its regulations for signs and billboards. It was stated the Commission has recommended to the County Board of Supervisors that it should consider the passage of similar measures. President Kranelly stated this subject is coming up for discussion at the Mayors' Conference on Friday of this week - and the matter is also being considered by the State Legislature. Mr. Froerer remarked that Senate Bill No. 666, with regard to outdoor advertising, has been introduced - and it has received severe opposition. Councilman Moresi felt that, before the City Council takes any action, the whole matter should be discussed with the County Supervisors - it should be a coordinated action between all of the cities of the County and the Board of Supervisors. Councilman Haag suggested the City Planning Board should study the matter and submit its recommendations. It was agreed the matter should be referred to the Planning Board for its consider - ation and recommendation and also, the City Manager would check with the Board of Supervisors to ascertain its attitude on the subject. It was so ordered. 9. From Agnew Realty Co., concerning its property at the foot of St. Charles Street, a portion ,of which is tideland which the Company wants filled by Utah Con- struction Company under provisions of the Reclamation District as currently created. It was agreed this matter should be taken up by Agnew Realty Co. with the Reclama- tion District - the City Attorney pointed out there is no action the Council can take on the request. The Company is to be so informed and the letter was, there- fore, ordered filed. 10. From District Council No. 3 of Associated Sportsmen of California, signed by Mr. H. H. Southern, Corresponding Secretary, asking the Council's support in disapproval of the recent decision of the Regional Water Pollution Board in setting standards for dumping industrial waste into San Francisco Bay in the Emeryville area. President Kranelly stated the City of Alameda is already on record in disapproval of any water pollution by virtue of a resolution which was passed sometime ago. He instructed the City Clerk to send a copy of said resolution to District Council No. 3. 11 From County of Alameda Board of Supervisors, indicating the City of Alameda has been designated as the Host City for the observance of Veterans' Day, November 11, 1957. President Kranelly stated Alameda should be very proud of the fact that it will be the Host City for this celebration. He requested the City Manager to write a letter of thanks to the Board of Supervisors and also to inform the Chamber of Commerce of the affair. 12. From Mr. Frank G. Bonelli, Assemblymen, Fifty- second District, California Legislature, with regard to Assembly Bill AB -64, authored and introduced by him, banning the sale of crimehorror comic books to minors under eighteen years of age, It was requested the Council adopt a resolution urging the State Legislature to pass proper legislation to prohibit or control the sale of such literature. Councilman Moresi called attention to the fact that this matter had come up a couple of years ago and the request had been made at that time by various Parent - Teacher Associations and other groups to have a City ordinance passed banning such books, but the then City Attorney had informed the Council such an ordinance would be difficult to enforce. The City Attorney stated he would research the matter and make a report on the subject. Councilman Hove moved the Council adopt a resolution in favor of the passage of Assembly Bill AB -64, banning the sale of crime horror comic books to minors eighteen years of age. The motion was seconded by Councilman Moresi and unanimously carried. The City Attorney was instructed to prepare said resolution for adoption at the next meeting of the Council, to be held February 19. 13 From Mrs. Violet Craig Thorne, 3205 -A Central Avenue, requesting a permit to operate a newspaper stand at the corner of Lincoln Avenue and Webster Street. Letters of character reference were also presented from the following: Mrs. Dorothy Kacyan, 2800 Truman Avenue, Oakland; Mrs. E. Goodrich, 9900 "B" Street, Oakland and Mrs. Betty J. Stuart, 1300 Eighth Street, Alameda. Mrs. Thorne is a widow and is physically handicapped, and this would give her a means of livelihood. It was brought out that, under provisions of Ordinance No. 1052, New Series, relat- ing to the operation of newspaper stand, the operator thereof must have resided in the City of Alameda for five years at the time application for a permit is made, and Mrs. Thorne has lived here only about one year. Mr. Froerer stated there has been no objection to the existing news -stand being operated at this location and the person presently conducting the business is desirous of selling it. In Mrs. Thorne's case, the ordinance would have to be amended to make it possible for her to be issued a permit. Councilman McCall said he felt the Council should certainly make every effort to help this applicant - and asked the City Attorney what could be done. Mr. Annibale replied the only action required by the Council would be to amend the ordinance. He pointed out the Council has the right to set the residence restrictions for any term it desires or to eliminate them entirely. President Kranelly inquired if any exception could be made to the present ordinance, due to extenuating circumstances in this case - to which Mr. Annibale answered there would be no legal action possible. Councilman Hove felt there should be some investigation made by the Police Depart- ment to ascertain the statements which have been submitted are true - and a report should be made before the Council takes any action to amend the ordinance. Councilman Moresi said the whole Council is sympathetic with the problem of Mrs. Thorne and in order not to delay any possible action, the Council could request the investigation by the Police Department be made before the next Council meeting - and in the meantime, the City Attorney could proceed to prepare an amendment to the existing, Ordinance, changing the residence requirement to one year. Councilman Hove reiterated the Police Department should submit a report to the Council - and it was agreed this could be done. Councilman Moresi thereupon moved the Police Department be requested to investigate the situation and make its report and, during the interim, the City Attorney be instructed to draw up an ordinance making the proper amendment to Ordinance No. 1052, New Series, to require residence in the City of one year. The motion was seconded by Councilman McCall and unanimously carried. 14( From Mr. Everett E. Fisher, Attorney, submitting appeal on behalf of Mr. and Mrs. Sam Jacobs, 1019 Willow Street, from the decision of the Planning Board to deny a Use Permit to allow the Jacobs' basement room to be used for "receiving, storing and shipping merchandise ". The matter was referred to "Hearings ". 15:' From Mr. E. L. Plonczak, 3209 Otis Drive, submitting appeal from the decision of the Planning Board to grant a Use Permit to allow Utah Dredging Company to maintain a temporary office and construction yard at 3198 Otis Drive until December 31, 1957. The matter was referred to "Hearings". 16. From Encinal Terminals and Warehouses, signed by Mr. D. L. Dullum, President, with regard to an Agreement being worked out between the City and Alaska Packers Association in connection with the proposed rezoning of its property located in the block bounded by Buena Vista and Pacific Avenues and Benton and Sherman Streets. It was stated that, in the course of negotiations, the Association was informed for the first time that the City expects it to not only dedicate the westerly half of Benton Street but also, when requested by the Council, to improve it completely - i.e., contruction of sidewalks, curbs, gutters, pavement, installation of street lights, sanitary sewer laterals, public utility installations, storm sewers and appurtenances. It was pointed out the Association is willing to arrange the donation of this land requested by the City. but its improvement as a street is a matter completely separate from the dedication and from the original applica- tion for rezoning. It was requested that the Council eliminate this requirement as the Association believes it is more than it should be asked to do and that it has no proper place in the Council's consideration of a rezoning matter. There was considerable discussion of the situation - the City Manager stated it is proper to include the requirement to install these several improvements - it is comparable to what is required in any other category. Mr. Froerer pointed out, however, it will not be necessary to do any of this work for a long time - the existing improvements on this street do not meet City standards and if and when it is necessary to bring the improvements up to City standards, it is his opinion, and that of other City officials, it would be necessary that Alaska Packers Association meet said requirements. He said thesame situation exists throughout the City - in all instances where land is subdivided, the subdivider is required to complete street improvements. Councilman Haag stated that, when the original discussion was had with the Associa- tion and it was suggested this land be deeded to the City - the westerly half of Benton Street - that was the time the Council should have informed the Association the expense of improving the street would be its responsibility - not now. Mr. Froerer stated the Council is in a position to order the sidewalk installed on the east side of Benton Street, under existing ordinances, and he thought it would have to be put in. However, with regard to having the Association improve the west half of Benton Street, he felt this should be spelled out in the Agree- ment - and he emphasized the fact it would be many years before any street work would have to be done. President Kranelly stated the City Manager has indicated this is a practice which is not uncommon and possibly Alaska Packers Association could be informed this matter would not have to be taken care of for a great many years. The problem, therefore, might not be as great as Encinal and Alaska presently believe. Upon request, Mr. Froerer stated a parallel case was that of the subdivision of Bayview Tract, for the prolongation of Fernside Boulevard. It was determined the matter should be referred to the City Manager for investiga- tion and the citing of more concrete examples of similar cases and his recommenda- tions as to what should be done. ORAL COMMUNICATIONS: J 17. Mr. Frank Gottstein spoke at length concerning the traffic problem on Webster Street. He claimed the Council had done nothing to get a second Tube, the need of which was particularly pointed up by the recent catastrophe at Todd Shipyards Corporation. President Kranelly refuted Mr. Gottstein's claim that the City Council had not done anything constructive toward achieving a second Tube by pointing out every 90 possible effort has been exerted at every opportunity - and a very strenuous effort is being made right now to have the State Legislature take some positive action in this respect. 18. Mrs. E. M. Bohne, 1213 Park Avenue, read and filed with the Clerk, a petition signed by sixty -three owners and residents of real property facing Jackson Park, stating they most vigorously urge the Council not to pass any ordinance which would prohibit parking privileges on both sides of Park Avenue on both sides of Jackson Park, as it would adversely affect the rental incomes of said owners because there would not be adequate parking facilities for their tenants. Mr. George A. Davies, 1166 Park Avenue, also read and filed with the Clerk a peti- tion signed by twenty -six residents on Park Avenue and Park Street, indicating their approval of the Council's intention to establish one -way traffic on Park Avenue, on the east and west sides of Jackson Park, respectively - but protesting against the proposed elimination of parking adjacent to Jackson Park. The petitions were noted and ordered filed. J 19. Mr. Leo J. Walsh, 160 Island Road, addressed the Council on behalf of the Godfrey Park Mothers' Club, requesting the Council give serious consideration to the acquisition of additional property for Godfrey Park expansion. Mrs. Ella May Waterbury, 338 Beach Road, also spoke on this subject, pointing out there is great need for more park area and it might be possible to buy the certain property located on Seminary Avenue, which would replace the strip of land now contemplated to be used for a road. President Kranelly stated the matter is coming up later on the agenda in a letter from the Recreation Commission and it will be considered at that time. 20. Mrs. James Wiley, 1232 St. Charles Street, stated that, two weeks ago, she had shown the members of the Council some maps of the lagoon area and asked that they study them as two of the "turning basins" shown on the original map have been eliminated. She inquired if the Council has reviewed the maps. President Kranelly assured Mrs. Wiley the Council has been furnished with copies of the maps and has studied the matter. He said that, at the same time, the City Manager was asked to meet with Utah and discuss the situation. To the best of the Council's knowledge, all that is being dealt with at the present time is the different shapes of the lagoons. He mentioned the fact that the City Attorney has stated that until such time as a Tentative Map is before the Council, there is no action for the Council to take. That is the Council's position at present. Mrs. Wiley stated she is concerned about this matter because in the natural process of developing a subdivision one of the first steps is the submission of a pre- liminary map to the Planning Board. She felt the time to make decisions and to come to a conclusion on this matter is before the work is completed, in view of the great project of moving land. The preliminary map is in the hands of the City - the Planning Board and Planning Department - and she thought it is quite essential that consideration be given the changes which have been made in the "ground rules" as the work has progressed. Mr. Annibale pointed out the preliminary plan does not bind the Planning Board and cannot bind the Council. The only map which binds the Board and the Council is the Tentative Map - it is the only one having official status. President Kranelly stated that if the Tentative Map, when submitted to the Council, does not meet the Council's approval, changes will have to be made. Councilman Hove mentioned that the preliminary map is now before the Planning Board and Mrs. Wiley should be talking to the Board about the matter - not to the Council at this time. Mrs. Wiley pointed out she has already done this - and she recalled that Miss Meyers had specifically said she would pass the map with the reservation she objected to the changes which had been made. Mr. A. A. Horwege, 909 Broadway, concurred with Mrs. Wiley's remarks - he said certain policies and promises were made and the citizens were sold on a certain map and lay -out and he wanted to know if the Council is going to allow Utah to make these changes. He also spoke on the requested abandonment of Pearl Street - and said that, before doing anything like that, some entrance should be provided to the proposed subdivision in this area (Compost Corporation's Tract). President Kranelly explained that when the outline for the South Shore development was presented to the people of Alameda, a solid fill was contemplated - the lagoons came into the picture subsequently. Later, alleged changes were made. He stressed the fact the Council will take action at the proper time - the matter can be and will be acted upon when a Tentative Map comes before the Council officially. At this point, Mr. Gottstein arose to speak in support of Mrs. Wiley and then shouted to the Council control the Planning Board and Utah Construction Company controls you. 91. Pandemonium reigned momentarily - after order had been restored, President Kranelly told Mr. Gottstein his remarks had been very impertinent, he had made a very serious charge, and if he made any further outbursts, he would be evicted from the Council Chamber. HEARINGS: 21(. The matter was called up concerning the appeal filed by Mr. Everett E. Fisher, Attorney, on behalf of Mr. and Mrs. Sam Jacobs, from the decision of the Planning Board to deny a Use Permit to the Jacobs to allow a room in the basement of their dwelling to be used for "receiving, storing and shipping merchandise'. The property is known as 1019 Willow Street. The Clerk announced a letter had been received from Mr. Fisher, requesting a continuation of the Hearing in this matter to March 5, 1957, due to the fact Mr. Jacobs is out of town at this time. It was so ordered. 22. The matter was presented with regard to the appeal filed by Mr. E. L. Plonczak, 3209 Otis Drive, from the ruling of the Planning Board to grant a Use Permit to Utah Dredging Company to allow it to maintain a temporary office and construction yard at 3198 Otis Drive. The Use Permit will expire December 31, 1957. Mr. Annibale stated the application was duly filed, the Planning Board acted upon the requested Use Permit at its regular meeting held January 30, 1957, and the Council has received certified copies of an excerpt of the minutes of that meeting for its information in this matter. He stated representatives of Utah Dredging Company are present, as well as Mr. Plonczak. Mr. Plonczak addressed the Council, pointing up the following: the neighborhood is in an "A" One- Family Dwelling District and the people want to keep it that way; the dust, noise and odors from the equipment affect their homes and "no advertising signs shall be on property in an "A" District ". He said he was speaking not only for himself but for the 106 residents who signed the petition of protest. Mr. Plonczak particularly wanted to know what assurance the people had that this temporary office will not be allowed to continue in operation, and how it could be a financial hazard for Utah to move its office. Mr. Wallace L. Kaapcke, Attorney for Utah Dredging Company, stated there is quite a substantial investment in equipment and the moving of it would run into consider- able expense. He pointed out the Use Permit will expire on December 31, 1957 - and Utah does plan to move to a permanent site. With regard to the advertising sign on the property, Mr. Annibale explained there is now an ordinance in effect, which was adopted in November, 1956, which allows certain temporary signs on a building or construction project. Mr. C. Phillip Nutzman, General Manager of Alameda Chamber of Commerce, stated he has been in discussion with Utah officials lately and they have stated Utah is desirous of acquiring a more permanent location for its headquarters and it is looking for a site in Alameda. The establishment of industry in the City is an important function of the Chamber. He said he did not know how many thousands of dollars in revenue the City had derived from Utah's operations. He agreed it would be to Utah's best interests to vacate the present site and Utah has stated it plans to do so. Mr. Plonczak reiterated he merely wanted to determine a deadline for Utah to move - the neighbors are concerned that it will continue on in this location. President Kranelly pointed out the deadline has already been established - the expiration date of the Use Permit being December 31, 1957. He also asked Mr. Kaapcke if Utah would move before the end of the year if possible - to which Mr. Kaapcke indicated Utah will try to do so. Councilman McCall stated, in view of the decision of the Planning Board to grant a Use Permit to expire December 31, 1957, he believed the Council should uphold the ruling of the Board - but in so doing, it would be with the understanding there will be no re- issuance of the Use Permit - and it will definitely expire December 31, 1957 - and as far as the operation of Utah is concerned, it will cease at that time - and the Planning Board be so informed. Councilman McCall said he would so move. Councilman Haag stated, before seconding the motion, he would request one change of language. He said he would much prefer to have the words, "The Council recom.- mends to the Planning Board that no renewal Use Permit be issued ", instead of so "instructing" it. Councilman McCall thereupon restated his motion to the effect that the Council uphold the ruling of the Planning Board in granting a Use Permit to Utah Dredging Company with the proviso that it will run only until December 31, 1957 - and that, as has been agreed upon here by Utah, since it feels it is possible to relocate prior to that date, it will not make application for a renewal Use Permit after December 31, 1957. Upon inquiry, Mr. Kaapcke agreed the motion is satisfactory to Utah. Councilman Haag thereupon seconded the motion, stating the limitation is placed upon Utah and not upon the Board. On roll call the motion carried as follows: Ayes: Five. Noes; None. Absent: None. REPORTS OF COMMITTEES; 23. From the City Attorney, reporting on the dispute between Harry L. Harp, Contractor, and the City, concerning certain provisions of Specifications No. PIN 3 -56 -3, for Construction of the Pearl Street Interceptor Sewer, with regard to the final payment therefor. Mr. Harp requests the City to waive the provision relating to acceptance of the final payment. It was stated the waiving of such provision would not prejudice the City in any future action regarding the dispute. Councilman Haag moved the City waive the specified provision. The motion was seconded by Councilman Hove and unanimously carried. 24, From the City Manager, submitting a report entitled, "Library Services Provided by Alameda County' - which indicates it is doubtful if the County can provide cities with library services on a contractual basis at a saving. Mr. Froerer supplemented the report by stating that not only would the service be at no savings, but also it would not be up to the standard provided by the City. The report was noted and ordered filed. 25. From the City Manager, recommending contract be awarded to Independent Con- struction Company, low bidder, for the project of Reconstructing Pearl Street, from Buena Vista Avenue to Fernside Boulevard, in the total amount of $18,169.65. Councilman Hove moved the City Manager's recommendation be adopted; that contract be awarded to the designated company for this project at the price quoted and the bid bonds and checks be returnedto the unsuccessful bidders. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 26"1. From Mr. William Raimondi, submitting his resignation from the Alameda Recrea- tion Commission, effective as of January 17, 1957, due to his business travels which will prevent him from regular attendance at the Commission meetings. Councilman Moresi moved Mr. Raimondi's resignation be accepted with regret and a letter of thanks be written to him in appreciation of his service in this capacity. The motion was seconded by Councilman McCall and unanimously carried. 27. From the Recreation Commission, signed by J. Roger Hooper, Chairman, recommend- ing the City acquire for Godfrey Park purposes the vacated "Lane" property, located adjacent to the Park on Seminary Avenue. It was stated the Commission had recently received a communication from both the Bay Farm Island Improvement League and the Godfrey Park Mothers' Club initiating the acquisition of this property and urging the formulation of a Master Plan for the Park. It was also pointed out the City's Tentative Master Plan calls for a Golf Course perimeter road going through Godfrey, Park which will separate it from the Golf Course - this would result in a land loss of approximately one acre from the present Park area of 4.7 acres. President Kranelly stated this is a matter which probably should be referred to the Committee of the Whole in order that the Council can determine just where the necessary funds for such purposes can be found. Councilman Moresi asked if there is any estimate available as to the cost involved - to which Mr. Froerer replied there is none as yet. Mrs. Waterbury remarked that at the last Commission meeting it was pointed out there are four homes on the property, the sale of which could provide part of the money needed. Councilman Haag suggested the City Manager be instructed to contact the owner of the property and attempt to get a price set and, in addition, try to get an option to buy for a period of ninety to one hundred twenty days. During this interim, if all are in accord, the City would try to purchase the property amicably instead of instituting proceedings by eminent domain. Mr. Froerer asked if it is the Council's desire to have an appraisal and a title search made - to which President Kranelly stated he is to take whatever steps are necessary to proceed toward the acquisition of this property. 28. From the City Manager, recommending Assistant City Manager Neil P. Clark be permitted to attend the Spring Meeting of the City Managers' Department, League of California Cities, to be held in Palo Alto from February 13 to 15, 1957; that 30.00 be appropriated for his expenses and permission be granted to use a City car for transportation. Councilman Haag moved the City Manager's recommendation be followed: that Mr. Clark be allowed to attend the designated meeting, that $30.00 be appropriated for his expenses and he be permitted to use a City car. The motion was seconded by Council- man Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 93 29. From the City Manager, recommending contract be awarded to Mr. Samuel Kebric, for the purchase and removal of approximately 93 dwelling buildings from Encinal Housing Site at the total price of $1,000.00. Councilman Hove moved the City Manager's recommendation be adopted; that Mr. Kebric's offer of 01,000.00 be accepted for the purchase and removal of the build- ings from this site and the checks or bid bonds be 'returned to the unsuccessful bidders. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 30. From the City Manager, recommending permission be granted to Mr. Gene Saalwaechter, Director of Recreation and Physical Education, to attend the Ninth Annual California Recreation Conference, to be held in Sacramento from February 25 to 27, 1957, and $45.00 be appropriated for this purpose, as the City's half share of his expenses. Councilman Moresi moved the City Manager's recommendation be followed; that Mr. Saalwaechter be allowed to attend the specified Conference and $45.00 be appropri- ated for half of his expenses. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 1 31. From the City Manager, reporting on his investigation of the request from Agnew Realty Company for the relocation, at the City's expense, of a sanitary sewer running across its property at the southerly end of St. Charles Street. It was stated the City Attorney has reviewed the situation and has come to the conclu- sion the City has acquired an easement for this sewer by prescription. Therefore, the City has no responsibility to bear any cost of relocation. President Kranelly stated a letter should be written to Agnew Realty Company, informing it of the City's position - and he asked the City Attorney to so advise the Company. 32,/. From the City Planning Board, recommending a portion of the lot known as 939 Central Avenue be reclassified from the "B" Two -to -Four Family Dwelling District to the "D ;' Commercial District, to make the entire lot uniform in zoning. The matter was referred to "Introduction of Ordinances ". 33. From the City Planning Board, submitting the revised plan of Washington Park, and recommending it be adopted with certain provisions as follows: (1) The portion of the existing Washington Park area indicated for sale be retained until it can be determined if other means of financing the Recreation Department facilities can be found and (2) No less than 70 acres of the retained area be reserved for a public buildings area for other than Recreation Department use. Mr. Annibale pointed out it is required that a Public Hearing be held on this matter which will give ample opportunity for discussion. The only action for the Council to take at this time is to set the date of said Hearing. It was determined the Hearing would be set for the next meeting, to be held February 19, 1957, and the City Clerk was intructed to cause "Notice" to be published. 3L .From the City Attorney, informing the Council the Charter amendments relating to the City Planning Board and to the integration of City health services with the County Health Department, passed by vote of the people at the General State Election on November 6, 1956, have now been ratified by the Legislature of the State of California and are, therefore, fully operative. It was stated it is now in order for the Council, upon nomination of the Mayor, to make the initial appointments to the Board in accordance with the terms of the Charter amendment. The information was noted and the communication was then ordered filed. INTRODUCTION OF ORDINANCES: 35. Councilman Haag introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying Property by Adding Section 80 to Ordinance No. 725, New Series." (939 Central Avenue) 36. Councilman Hove 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 Adding Subdivisions (76), (77) and (78) to Section 17 -432 Thereof, Relating to Stop Intersections". 94 37. Councilman McCall introduced the following ordinance, after which it was laid over under provison of law and the Charter: "Ordinance No. New Series An Ordinance Amending Section 17 -364.1 of the Alameda Municipal Code, Relating to 24- Minute Parking Limit in Parking Meter Zones." 38. Councilman Moresi 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 Adding to Subdivisions (2) and '(3) to Section 17 -242, Relating to Prohibition of Left Turns." 39. Councilman Haag introduced the following ordinance, after which it was laid over under provison of law and the Charter: "Ordinance No. New Series An Ordinance Amending Title XIX of the Alameda Municipal Code, Relating to Assessment Proceedings, Acquisition, Improvement and Closing Procedure." 40. Councilman Hove 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 Adding Subdivisions (3) and (4) to Section 17 -571, Article 7, Chapter 5, Title XVII Thereof, Relating. to One -Way Streets." 41. Councilman McCall introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing Execution of a Lease of Certain Tide and Submerged Lands to the Encinal Yacht Club, and Approving the Form and Terms Thereof." 42. Councilman Moresi introduced the following ordinance, after which it was laid over under provison of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing Grant of Easement Over Certain City -owned Property to the United States of America for Sanitary Sewer Purposes." UNFINISHED BUSINESS: 43. The matter was called up concerning the approval of the Tentative Map of Tract No. 1860 - a subdivision proposed to be developed by Compost Corporation of America. The tract is located south of Otis Drive, just westerly of Pearl Street, bordering on the new proposed lagoon system. The Planning Board had submitted its recommendations at the meeting of the Council held January 2, 1957, that the Tentative Map be approved, subject to several mod- ifications and also, that the tip end of Pearl Street be abandoned. At that time, the matter was laid over for further study. Mr. William Erdmann, 2605 La Jolla Drive, addressed the Council on the subject, stating the neighbors are concerned about an access to the fill -area in view of the proposed shopping center. He felt the question of the abandonment of Pearl Street should be held up until Utah's plans are more definite, as well as those of Compost Corporation. He said he would like to have more streets go through, and the people in the area are interested in having Broadway maintained as a residential street. Mr. William Cooper, 2614 Otis Drive, stated Pearl Street is not a through street, but Versailles Avenue is, and he could not see how the Pearl Street closing could possibly affect any development. He said he favored the abandonment of these street ends to make them private property so they can be kept clean. Mr. Schmitz, representing the Compost Corporation, pointed out that Broadway and Versailles will be open and he felt this is an opportunity to close off a dead - end street and help clean up the area. During the course of the discussion on the through- street phase of the situation, it was developed that Park Street, Broadway, Versailles and Fountain Street would be open - and the opinion was expressed that Pearl Street would be of no part' cular use to anyone if kept open. Councilman McCall asked if agreement has been reached on the recommendations of the City Engineer with regard to the drainage situation in this matter - to which Mr. Hanna stated there is still one problem - the installation of a 24 -inch drainage pipe. Mr. Hanna also reviewed certain other requirements and mentioned that, subsequent to the meeting of the Planning Board, Mr. Schmitz has attempted to correct his Tentative Map to conform with the requirements. He said he is not prepared at this time to state that the slope is satisfactory and pointed out the subdivider's engineers should arrive at a satisfactory method of retaining the slope of the soil. In response to President Kranelly's question as to the time element, Mr. Schmitz stated the matter has run on for almost ninety days and he did not want to hold up the development of the subdivision any longer. He said that if the Council would approve the Tentative Map, with any recommenda- tions it wished to make, the matter could be settled and the subdivider will comply. He suggested the City might establish an estimate for a bond to be filed for a period of two years which would protect itself. Mr. Annibale stated there are too many loose ends lying around - one phase of the matter depends upon another. He pointed out the time element required by law in the process of abandoning a street, for instance. He felt the matter should be continued for sufficient time for study of the entire situation to be completed. He asked Mr. Schmitz if hewould consent to a continuation of the Hearing, but Mr. Schmitz said he wanted the Tentative Map approved, subject to his meeting the requirements of the City Engineer. Mr. Annibale pointed out Compost Corporation would not suffer by a continuation because it could do nothing further in any event until a decision is made and Pearl Street is abandoned by proper proceedings. Mr. Schmitz reiterated he would like some Council action at this time - and Mr. Cooper again spoke, favoring the granting of approval of Compost's subdivision and urged the Council to put the matter to a vote. Mr. Annibale agreed the Council can approve the Tentative Map, subject to (1) conditions laid down by the Planning Board; (2) conditions laid down by the City Engineer, past, present and future and (3) final action of the Council on abandon- ment of a portion of Pearl Street. Also, a motion should be made on the Council's intention to start proceedings for the abandonment of the end of Pearl Street. Councilman McCall stated he is heartily in accord with this procedure and he would move the Council declare its intention to abandon that portion of Pearl Street required by Compost Corporation in the development of its subdivision. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilman Haag thereupon moved the approval of the Tentative Map, as recommended by the Planning Board, and subject to the conditions previously set out by Mr. Annibale. The motion was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. NEW BUSINESS: 44. The question was presented for official decision as to whether or not the lagoons were to be used for public or private recreational purposes. President Kranelly stated the consensus of the Council and the Planning Board, at their recent informal meeting held January 10, was that they were to be for private recreational uses. Councilman Hove thereupon moved that, in accordance with the previous discussions and agreement, the lagoons be used for Private recreational purposes. The motion was seconded by Councilman Moresi and unanimously carried. 45. The question was also submitted for official decision as to whether or not public access to the lagoons should be provided. President Kranelly again explained that, at the joint meeting above mentioned, the Board had recommended the street ends should be closed by a barricade of some kind. Councilman Moresi moved the lagoons be not open to public access and some means be devised to indicate they are not available to the public. 96 Councilman McCall stated the motion should include some provision for vistas at the ends of the streets. He felt the people who live in the vicinity should have the opportunity to use the ends of the streets for viewing purposes. He agreed that while the ends of the streets should be closed to actual travel, there should be some place for interested people to view the water. Councilman Haag thought the idea of "vistas" was greatly exaggerated. Councilman Moresi stated this particular question should not even be acted upon at the present time - it has been determined the lagoons are to be private and, therefore, this phase of the situation can be determined as the project develop- ment progresses. She thereupon withdrew her motion. President Kranelly stated the matter would be referred to the Committee of the Whole. RESOLUTIONS: 46. The following resolution was introduced by Councilman Hove, who moved its adoption: "Resolution No. 5526 Resolution of the Council of the City of Alameda Authorizing the Modification of an Agreement by and Between the County of Alameda and the City of Alameda Dated July 3, 1956, Relating to the Use by the City Health Department of County Health Department Personnel." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 47. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 5527 Transferring $1,450.00 from the Cash Basis Fund to the Interest and Redemption Bonds Fund -- Washington Park (Account 616)." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 48. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 5528 Transferring $150,000.00 from the Cash Basis Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 49. The following resolution was introduced by Councilman Haag, who moved its adoption: "Resolution No. 5529 Authorizing the Execution of an Agreement by and Between Southern Pacific Company, a Corporation of the State of Delaware, and City of Alameda, Relating to the Retirement, Relocation, Removal and Installation of Railroad Tracks on Tilden Way." The motion to adopt said resolution was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 50. The following resolution was introduced by Councilman Hove, who moved its adoption: "Resolution No. 5530 Resolution of the Council of the City of Alameda Authorizing Installation by Alameda Belt Line of a Railroad Spur Track from the Center Line of Clement Avenue to the South Line Thereof Immediately East of Stanford Street." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 51. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 5531 Approving Warrant of Board of Trustees of ,Reclamation District No. 2087." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 52. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 5532 Resolution of the Council of the City of Alameda Authorizing Carl Froerer, City Manager of the City of Alameda, as the Representative of the City of Alameda to Sign Certain Warehouse Issue Sheets of the California State Educational Agency for the Purpose of Obtaining for the City of Alameda Surplus Property." The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 53. The following resolution was introduced by Councilman Haag, who moved its adoption: "Resolution No. 5533 Amending a Portion of Resolution No. 5376, Relating to Positions and Salaries, Said Amendments Being Related to the Offices of Auditor and Ex- Officio Assessor, and Treasurer and Ex- Officio Tax Collector." The motion to adopt said resolution was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 54. The following resolution was introduced by Councilman Hove, who moved its adoption: "Resolution No. 5534 Amending Portion of Resolution No. 5376 Relating to Positions and Salaries, by Creating One New Position of Typist -Clerk (Part -Time) in the Health Department." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the f oll ©wing vote. Ayes: Five. Noes: None. Absent: None. 55. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 5535 Adopting Specifications, Special Provisions and Plans for Reroofing at Fire Stations Nos. 1 and 2 and Roof Repai•f' at the Civil Defense Control Center, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 56. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 5536 Adopting Specifications and Provisions for Furnishing to the City of Alameda (a) One Audograph Model V Combination Dictator- Transcriber, or Equal; (b) One Voice Actuated Dual: Recording Machine, Dictaphone Model A -2T -C, or Equal; (c) One Model TT 30 Dictaphone Time Master Dictating and Telephone Recording Machine, or Equal, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 57. The following resolution was introduced by Councilman Haag, who moved its adoption: 98 "Resolution No. 5537 Adopting Specifications, Special Provisions and Plans for Building Protection of 53 Housing Buildings in the Encinal Housing Area, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 58. The following resolution was introduced by Councilman Hove, who moved its adoption: "Resolution No. 5538 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Complete 3/4 -Ton Truck Including Utility Type Body, for Surveying Work, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 59. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 5539 Adopting Specifications for Furnishing to the City of Alameda 46 Single Pendant Type Lighting Standards with Luminaires, Calling for Bids and Directing City Clerk to Advertise Same. The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 60. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 5540 Appointing Members of the City of Alameda Defense Council." (Robert A. Worden, Alfred J. Mathebat, Robert K. Ray and George A. Collins) The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. President Kranelly thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 61. "Ordinance No. 1214, New Series An Ordinance Amending Section 17 -321, Article 2, Chapter 3, Title XVII of the Alameda Municipal Code, Relating to Parallel Parking." Councilman Haag moved the ordinance be adopted as read. The motion was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 62. "Ordinance No. 1215, New Series An Ordinance Amending Section 17 -331, Article 3, Chapter 3, Title XVII of the Alameda Municipal Code, Relating to Parking in Prohibited Areas." Councilman Hove moved the ordinance be adopted as read. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 63. "Ordinance No. 1216, New Series An Ordinance Amending Section 17 -364.1 of the Alameda Municipal Code, Relating to Parking Limits in Parking Meter Zones." Councilman Moresi moved the ordinance by adopted as read. The motion was seconded 99 by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 64. Agreement - Between Southern Pacific Company and City - re Removal of tracks along Tilden Way. 65. Specifications - No. PW 2 -57 -2 - Project of Reroofing Fire Stations 1 and 2 and Roof Repair at the Civil Defense Control Center. 66. Specifications - No. MS 2 -57 -4 - for Furnishing Recording Machines to the Police and Fire Department. 67. Specifications - No. MS 2 -57 -2 - for Furnishing One New 3/4 -Ton Truck (Utility Type) for Surveying Work. 68. Specifications - No. MS 2 -57 -3 - for Furnishing 46 Single Pendant Type Lighting Standards with Luminaires. 69. Specifications - No. PW 2 -57 -3 - Project of Building Protection of 53 Housing Buildings in the Encinal Housing Area. 70. Financial Statement - Bureau of Electricity, as at December 31, 1956 - Verified by George A. Hacklemen & Co. BILLS: 71. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 45,748.79, 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 McCall moved the bills as itemized in the List of Claims filed with the City Clerk on February 5, 1957, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 72. At this point, President Kranelly referred to the disturbance caused by Mr. Gottstein and stated he had expected to speak to him about his conduct after the business of the meeting had been completed - but since Mr. Gottstein had al- ready left the Council Chamber, he would have to wait until next meeting. President Kranelly stated for the record that he has reque$ted the City Attorney to investi- gate the situation and if there is any basis on which Mr. Gottstein can be prevented from speaking before the Council, he is going to enforce it. Further, if there is any basis on which to proceed against Mr. Gottstein for his accusations, he intends to do so. ADJOURNMENT: 73. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, February 19, 1957, at 7 :30 o'clock p.m. Respectfully submitted,