1957-06-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, JUNE 18, 1957
The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The
Pledge of Allegiance was lead by Councilman Freeman, followed by the Invocation
delivered by the Reverend Mr. Thomas Weir of the First Christian Church.
At this point, the newly appointed Councilman, Mr. Richard P. Schacht, took
his Oath of Office and assumed his seat on the City Council.
ROLL CALL:
The roll was called and Councilmen Freeman, Haag, Petersen, Schacht and
President McCall, (5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held June 4, 1957, were approved as tra
scribed.
OPENING OF BIDS:
2. Two bids were received and read for the Furnishing of Lawn Mowing Equipment for
the New Municipal Golf Course, in accordance with Specifications and Provisions
No. MS 6-57-20, as follows:
From California Toro Company - - - 845.52
Accompanied by certified check in amount of 100.00
From H. V. Carter Co., Inc. - - - 1,010.88
Accompanied by certified check in amount of 100.00
31i Three bids were submitted and read for the Furnishing of One Ambulance-Station
Wagon for the First Aid Department, in accordance with Specifications and Provisions
therefor, No. MS 6-57-21, as follows:
It
From Alameda Motors - - - 4 170.90
Accompanied by cashier's check in amount of 415.00
From Superior Coach & Ambulance Sales Co. 4,038.24
Accompanied by a Bid Bond
From Remmer & Jordan Pontiac - - - 4,644.25
Accompanied by certified check in amount of 474.43
The foregoing bids were referred to the City Manager and City Engineer for study and
recommendation.
WRITTEN COMMUNICATIONS:
4. From Mr, John Anthony, 2801 Otis Drive, requesting permission to erect a fence
eight feet in height along the Versailles Avenue frontage of his property, as a wind-
break for lois patio.
The matter was referred to the Assistant Planning Director for his inspection and
report at the next meeting.
5. From The Citizens' Advisory Committee on Local Housing, signed by Mr. Hugh H.
Tebault, Chairman, informing the Council concerning the rehabilitation program being
established.
The information was noted with interest and President McCall expressed the hope of
the Council that good results can be accomplished.
The communication was then referred to the file on the subject.
6. From Utah Construction Company, signed by Mr. Charles T. Travers, with regard
to the condemnation of drainage easements for the South Shore Lagoon System.
7. From Hadsell, Murman & Bishop, signed by Mr. Dan Hadsell, with regard to the
easements for the Lagoon System - and the questionnaire sent out by the City Attorney
in this respect.
In connection with the two foregoing letters, copies of correspondence between "Utah"
and Mr. Hadsell had been received just this date.
The foregoing letters with regard to the easements for the Lagoon System were referred
to "New Business" for further consideration at that time.
8:1 From the City of Oakland, signed by Mr. Wayne E. Thompson, City Manager, request-
ing Council's approval of the City's payment of t117,989. as its share of the cost of
operating the Fireboat for protection of properties along the Alameda side of the
Estuary during the fiscal year 1957-1958. Said expense is based on 8.97 per cent
of the total assessed valuation of property in the City of Alameda.
Upon request, Mr. Froerer stated the proposition for sharing the operational cost
of the Fireboat had been initiated by the City of Oakland some months ago. He pointed
out that, if the services of the Fireboat are denied the City, Alameda would be taken
out of Class 3 of the insurance Ratings, which benefits it now enjoys. He emphasized
the Fireboat assuredly provides much needed protection. Mr. Froerer suggested the
matter be referred to the Budget file - and it was so ordered.
9. From the Alameda Real Estate Board, urging the Council to expedite the develop-
ment of the South Shore for the good of all taxpayers of the City.
The communication was noted and ordered filed.
ORAL COMMUNICATIONS:
10. Mr. Frank Gottstein, 731 Haight Avenue, spoke in protest against people park-
ing in front of his driveway - and reiterated that some method should be devised
to allow all-day parking in the Municipal Lot on Haight Avenue.
Mr. Froerer stated this matter is being investigated and as soon as reports are com-
plete he would forward them to the Council for its information. He said the City had
to send two meters back to the factory to ascertain if they can be converted to the
desired type - and sufficient information has not been received to date to make an
adequate report.
1l' James Wiley, 1232 St. Charles Street, asked for the opportunity to speak
under the heading of "New Business" when the South Shore matter will be discussed -
and it was indicated her request would be granted.
12. Mr. Edmond L. Plonczak, 3209 Otis Drive, vigorously protested against the noise
created by Utah Dredging Company in its yard located on the south side of Otis Drive,
and asked why it is allowed to go on.
President McCall explained that Utah has agreed to be out of this location by the
end of December, 1957.
Councilman Petersen stated he had checked the Police Department reports and on the
evenings of,May 21 and June 11, the noise had ceased by the time the police officer
had arrived at the site - but last night, Mr. Plonczak had again called the police
and the officer had reported there was a great deal of noise.
In response to President McCall's question as to the effectiveness of the nuisance
ordinance, Mr. Annibale replied the provisions of the Code would generally apply -
and also, if Utah were not abiding by the terms of the Use Permit, the Council
could revoke the Permit.
Councilman Petersen suggested the City request Utah. Dredging Company to discontinue
its work during the evenings and on Sundays.
Mr. E. C. Mower, representing Utah Dredging Company, stated this is the first time
this matter has been called to his attention and he assured the Council Utah will
take care of the situation. He said occasionally there is an emergency, but ordin-
arily there should be no evening or Sunday work.
The City Attorney was asked to forward to Utah Dredging Company a copy of the sec-
tion of the Municipal Code relating to public nuisances.
HEARINGS:
13. The matter was called up concerning the abatement of public nuisances - dila-
pidated buildings (arks) known as 2411, 2409i, 2407i and 2407 Harrison Avenue.
The City Attorney asked that the Hearing on these several cases be continued to the
Council meeting to be held July 2, 1957 - and it was so ordered.
14. The matter was called up with regard to the abatement of a public nuisance -
a dilapidated building known as 2256 Pacific Avenue, owned by Mr. Neil Madsen. The
owner was present and was represented by Mr. R. P. Harrison.
A stenotype operator was present to officially record the proceedings, and the tran-
script thereof is, by reference, made a part of the minutes of this meeting.
Mr. Harrison again requested an extension of thirty days' time in order that his
client might have further opportunity to try to dispose of the property.
After some discussion, Councilman Petersen moved that the thirty-day extension of
time be granted and also, that the utilities or equipment specified as dangerous
to health and life not be used. The motion was seconded by Councilman Freeman and
unanimously carried. The Hearing was, therefore, continued to the Council meeting
to be held July 16, 1957.
REPORTS OF COMMITTEES:
15. From the City Planning Board, signed by Mr. Robert L. Venable, Secretary, recom-
mending the reclassification of certain property, more particularly described in the
petition, from the "A" One-Family Dwelling District to the "E" General Business Dis-
trict, for the purpose of establishing a regional shopping center. The petition was
filed by South Shore Center, Inc.
The matter was referred to "Ordinances for introduction".
16"( From the City Manager, recommending contracts be awarded to Shell Oil Company
and to Tidewater Oil Company, low bidders respectively, for furnishing Non-Premium
and Ethyl Gasoline during the fiscal year 1957-1958.
Councilman Freeman moved the City Manager's recommendation be adopted; that con-
tracts be awarded to the two firms designated for furnishing gasoline during the
ensuing fiscal year at the prices quoted and the bid bonds or chocks be returned to
the unsuccessful bidders. The motion was seconded by Councilman Petersen and on
roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None,
17. From the City Manager, recommending contracts be awarded to Alameda Color Center
and to Pacific Paint & Varnish Co., low bidders respectively, for furnishing certain
paint and thinner during the fiscal year 1957-1958.
Councilman Petersen moved the City Manager's recommendation be approved; that con-
tracts be awarded to the specified firms for furnishing the designated items at the
prices quoted and the bid bonds or checks be returned to the unsuccessful bidders.
The motion was seconded by Councilman Schacht and on roll call carried by the fol-
lowing vote. Ayes: Five. Noes: None. Absent: None.
18. From the City Manager, recommending contract be awarded to H. V. Carter Co., Inc.,
low bidder, for furnishing a Sod Cutter to the Golf Department at the price of (1)95.
Councilman Schacht moved the City Manager's recommendation be accepted; that contract
be awarded to this Company for furnishing the equipment in question at the price
quoted, and the bid bond or check be returned to the unsuccessful bidder. The motion
was seconded by Councilman Haag and on roll call carried by the following vote. Ayes:
Five, Noes: None. Absent: None.
19. From the City Manager, reporting the project of filling the tidelands west of
554 Central Avenue has been satisfactorily completed and recommending that J. Henry
Harris be released from his bond.
Councilman Haag moved the City Manager's recommendation be approved; that said fill
be accepted and J. Henry Harris be released from his bond. The motion was seconded
by Councilman Freeman and unanimously carried.
20: From the City Manager, submitting "City of Alameda, California, General Condi-
tions of Sale, Encinal Project Property, CAL-4113, June 1), 1957", and other documents
fixing the minimum price of 8762,860. as acceptable for sale of this property.
Councilman Freeman stated she could not understand how the minimum price of 8762,860.
could be set when the City had expended over $900,000. on this property.
Mr. Froerer stated copies of certain documents have been forwarded to the Councilmen
in which there are set forth certain objectives of the City. One of the principal
objectives is to secure worthwhile industry for this area which will provide good
employment for citizens of Alameda. He pointed out the estimated sum of $162,583.
needed for road and drainage improvements would probably be provided through the five-
eighths gasoline tax. He said the City could build an industrial highway from that
source of funds and it is a common practice to improve such roads, streets and high-
ways. However, if the City did not wish to impose these conditions of sale, or if
they were not met by the bidders, the property could be sold for $8,000. per acre.
Mr. Froerer stated these prices are the result of having discussed the matter with
many representatives of railroad companies and Encinal Terminals. Also, the Alameda
Chamber of Commerce has reviewed the conditions of sale and it is its opinion that it
is to the best interests of the City to try to obtain the several objectives.
When called upon for comment, Mr. Stanley D. Whitney said the only remark he had to
make was to "adopt the resolution, let the matter go to bid and if the Council does
not like the bids, reject them".
The matter was referred to "Resolutions".
21. From the Bureau of Electricity, Department of Pubiic Utilities, signed by Mr.
C. A. Baxter, General Manager, enclosing copy of its Resolution No. 1717, "Adopting
Budget for Department of Public Utilities, City of Alameda, for Fiscal Year Ending
June 30, 1958".
The matter was referred to the Budget file.
22. From the Bureau of Electricity, Department of Public Utilities, signed by Mr.
G. A. Baxter, General Manager, submitting copy of its Resolution No. 1718, "Trans-
ferring t590633.48 from the Bureau of Electricity Fund to the General Fund of the
City of Alameda" - and the Public Utilities Board requested permission to retain in
the Bureau of Electricity Fund all earnings in excess of $595,633.48 for the fiscal
year ending June 30, 1957.
Mr. Froerer explained this request is in accordance with provisions of the Charter.
Councilman Haag moved the request of the Public Utilities Board be granted and it be
permitted to retain in its Fund all o arnings in excess of the stipulated amount for
this fiscal year. The motion was seconded by Councilman Freeman and on roll call
carried by the following vote. Ayes: Five. Noes: None. Absent: None.
23. From the Social Service Board, signed by Mrs. Phyllis McCoskey, Executive Sec-
retary, recommending that administrative services necessary for the performance of
the Board work be contracted for with the Alameda Family Service Agency, at the
rate of $3,000. per annum.
Mr. Froerer explained that Mrs. McCoskey is retiring as of July 1. She has been a
full -time employee - but in view of the fact that a skilled Social Service worker is
being employed by the Family Service Agency, whose activities are closely related
to those of the Board, this contract would effect quite an economy in the operation
of the Board.
Councilman Freeman moved the recommendation of the Social Service Board be adopted
and a contract be entered into for the necessary services at the annual fee men-
tioned. The motion was seconded by Councilman Petersen and on roll call carried by
the following vote. Ayes: Five. Noes: None. Absent: None.
2lf. From the Advisory Golf Commission, signed by Elliot Peterson, Secretary, dated
June 17, 1957, giving a resume of the establishment and development of the Municipal
Golf Courses and submitting certain suggestions with regard to their future management.
Councilman Haag suggested the matter be referred to the Committee of the Whole - and
it was so ordered.
2 From Mr. Forrest V. Routt, Jr., Executive Secretary, Civil Service Board, con-
cerning the review by the Board of various group health and life insurance plans.
It was stated the Board is not yet prepared to submit its findings, but it was noted
the cost of the employee premium in most of the plans studied amounted to slightly
in excess of five dollars per employee per month.
It was agreed the Council would await further report on this matter when the Board
has completed its review of the subject.
26. From Mr. Forrest V. Routt, Jr., Executive Secretary Civil Service Board, for-
warding, without recommendation, the request of the Alameda Fireman's Association
Hours Committee for a shorter work week. The letter was accompanied by a compila-
tion of a survey of conditions in Alameda and other East Bay cities. It was stated
the information is submitted with the thought the Council may wish to include the
Fire Department working hours as a subject for study during the next fiscal year.
President McCall stated the matter would be referred to the file for future consi-
deration.
2 From the City Manager, recommending contract be awarded to Laher Spring & Tire
Corporation, low bidder, for furnishing Automobile and Truck Tires and Tubes during
the fiscal year 1957 -1958.
Councilman Schacht moved the City Manager's recommendation be adopted; that contract
be awarded to the designated low bidder and the bid bonds or checks be returned to
the unsuccessful bidders. The motion was seconded by Councilman Haag and on roll
cal carried by the following vote. Ayes: Five. Noes: None. Absent: None.
28. From the City Manager, recommending the purchase of the various sizes of Auto-
motive Batteries during the fiscal year 1957 -1958 be made from the following several
firms: Laher Spring & Tire Corporation, Oakland; Everett Street Service, Alameda;
Sears Roebuck and Co., Oakland; Steve's Service, Alameda. It was requested that
authorization be given to dispense with contracts and to purchase the batteries by
purchase order, as the amount of any individual bid is less than 81,000.
Councilman Haag moved the City Manager's recommendation be approved and his request
be granted that the batteries be purchased through purchase order only, inasmuch as
the sum involved for each company is less than 81,000. The motion was seconded by
Councilman Schacht and on roll call carried by the following vote. Ayes: Five.
Noes: None. Absent: None.
INTRODUCTION OF ORDINANCES:
29. 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 Reclassifying Property by Adding Section 82
to Ordinance No. 725, New Series." (South Shore Shopping
Center)
UNFINISHED BUSINESS:
30. Laid over from the last meeting was the request from Cpl. Leonard B. Hollywood
Post No. 939, Inc., VFW, for permission to sponsor the West Coast Shows Carnival to
be held from July 9 through July 14, 1957.
Copies of a report on the subject from the Chief of Police had been transmitted by
the City Manager, in which he had recommended against issuance of the permit for the
carnival.
Mr. Robert Lofstrand, 752 Pacific Avenue, protested against the carnival being held
in Alameda, stating it would not benefit anyone but the carnival itself.
Mr. Annibale pointed out that, under the present laws and ordinances, and so long
as the necessary license fees are paid, the City cannot deny issuance of a permit.
He said one recourse of the City is to enact an ordinance regulating or prohibiting
such carnivals, and the second measure is that, at the first instance of public
nuisance being committed, the Chief of Police has the right to close the carnival.
Councilman Schacht asked what the license fee is and Mr. Annibale replied, "250.
per day".
Councilman Petersen said that, in light of the recommendation of the Chief of Police,
he would ask that the City Attorney check into the matter of establishing more
definite regulations for carnivals.
Councilman Haag said he did not see what more stringent regulations could be imposed -
he felt there could be no question but that the carnival be policed.
President McCall stated the matter would be held over to the next meeting.
31V . The matter was called up concerning the suggestion from the Alameda Chamber of
Commerce that a parking lot directional sign program be investigated in order that
residents may be made more aware of parking locations. The subject had been laid_
over from the meeting of May 21.
Mr. Froerer verbally reported it would cost about 3OQ. to put the program into
effect. He stated a full report would be sent to the Councilmen this next Friday
night.
The matter was laid over to the next meeting.
32. Laid over from the meeting of June L, was the matter of the recommendation of
the City Planning Board that the Council review the legislation with regard to a
Regional Planning District as set up in Assembly Bill 3860. Further information on
the subject was contained in the Board's letter dated June 17, signed by Mr. Robert L.
Venable, Secretary, to the effect that the Bill has an excellent chance of receiving
the Governor's approval and suggesting the Council may desire to adopt a resolution
endorsing or disapproving the Bill.
Councilman Petersen asked if the Planning District powers would supersede those of
the City, and he stated he was not in favor of centralized Government. Mr. Venable
stated he understands the Bill is similar to that which established the Air Pollution
Control District. Mr. Annibale explained the regulations of the Air Pollution Con-
trol District would supersede the powers of the City in certain respects.
In response to President McCall's query, Mr. Annibale answered that he had not read
AB 3860, President McCall suggested the City Attorney review the Bill and submit a
report thereon before the Council takes any action. It was so ordered.
33. At this point, President McCall introduced Assemblyman Robert W. Crown and wel-
comed him to the meeting. Mr. Crown responded very graciously and stated that, as a
freshman in Sacramento during this past session of the Legislature, ho did not think
anyone else had received the support from his district that he had. Ho mentioned
particularly the help given by Mr. Stanley D. Whitney, President of the Chamber of
Commerce; Mr. Froerer, City Manager; The Honorable William M. McCall, Mayor; and
"all of you". He said this support, in no small part, was an important factor in
having the Governor sign a Bill Clearing the way for another Tube and also, the pass-
age of a Bill providing one million dollars for the establishment of a new beach along
the South Shore of Alameda.
NEW BUSINESS:
J
34. The matter was called up concerning the request from the Board of Trustees of
Reclamation District No. 2087 that the City condemn the drainage easements necessary
in the development of the South Shore Lagoon System. This was contained in the Board's
letter dated June 4, 1957.
In this connection, copies of letters had been sent to the Councilmen from the fol-
lowing: Utah Construction Company, dated June 11 and June 18; Hadsell, Murman
Bishop, dated. June 12; and a memo from the City Attorney, accompanied by a copy of
the questionnaire sent to the owners of property involved.
A stenotype operator was present to officially record the discussion and a transcript
thereof is, by reference, made a part of the minutes of this meeting.
In view of the fact that Councilman Schacht had not had an opportunity to review the
entire situation and was not familiar with all details, it was determined that this
matter would be laid over to the adjourned regular meeting to be held June 25, and
would come up for further consideration under the heading of "Unfinished Business".
RESOLUTIONS:
35. The following resolution was introduced by Councilman Haag, who moved its
adoption:
"Resolution No. 5635
Adopting Budget, Approving and Authorizing Execution
of Memorandum of Agreement with State of California
for Expenditure of Engineering Allocation for City
Streets (Sec. 2107.5 Streets and Highways Code)."
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.
36. The following resolution was introduced by Councilman Freeman, who moved its
adoption:
"Resolution No. 5636
Resolution of the Council of the City of Alameda
Requesting Payment by the Fiscal Agent of the Amount
Held in the Off-Street Parking Surplus Revenue Fund
to the General Fund of 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.
37. The following resolution was introduced by Councilman Petersen, who moved its
adoption:
"Resolution No. 5637
Resolution of the Council of the City of Alameda
Authorizing Sale of Certain City-owned Real Property
(Encinal Housing Project)."
The motion to adoptaaid resolution was seconded by Councilman Schacht and on roll
call carried by the following vote. Ayes: Five. Noes: None. Absent: None.
President McCall thereupon declared all of the foregoing resolutions duly adopted
and passed.
FILING:
38. Memorandum of Agreement for Expenditure of Engineering Allocation for City
Streets - Between City of Alameda and Department of Public Works, State
of California.
39. Financial Statement - Bureau of Electricity, as of April 30, 1957 -
Verified by George A. Hackleman & Co.
40. Auditor's Financial Statement - City of Alameda, as of May 31, 1957 -
Verified by George A. Hackleman & Co.
BILLS:
41. An itemized List of Claims against the City of Alameda and the Departments
thereof, in the total amount of $50,922.05, 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 Haag moved the bills as itemized in the List of Claims filed with the
City Clerk on June 18, 1957, and presented to the Council at this time, be allowed
and paid. The motion was seconded by Councilman Schacht and on roll call carried
by the following vote. Ayes: Five. Noes: None. Absent: None.
ADJOURNMENT:
142. There being no further business to come before the meeting, the Council
adjourned - to assemble in adjourned regular session on Tuesday evening, June 25
1957, at 7:30 o'clock.
Respectfully submitted,