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1957-08-13 Regular CC MinutesADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, AUGUST 13, 1957 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. ROLL CALL: The roll was called and Councilmen Haag, Petersen, Schacht and President McCall, (til, were noted present. Absent: Councilman Freeman, (1). MINUTES: 1. The minutes of the regular meeting held August 6, 1957, were approved as transcribed. WRITTEN COMMUNICATIONS: 2: From Alameda Amusement Co., Inc., signed by Mr. Wm. E. Nasser, Secretary- Treasurer, submitting application for a license to construct and operate a closed circuit "pay television" in the City. President McCall stated, if there were no objections, the letter would be referred to the file on the subject, as the matter has been turned over to the City Attorney who is representing the City at meetings being held on such applications. Mr. Annibale suggested no action be taken by the Council until further study has been made. It was so ordered. ORAL COMMUNICATIONS: 3. Mr, Patrick L. King, 895 Oak Street, presented a petition, signed by twenty- eight residents on Oak Street and Clinton Avenue, requesting that a stop sign be placed at the intersection of said streets, keeping Clinton Avenue as the through thorountifare, due tot he hazardous traffic conditions at this point to the children in the neighborhood. There being no objections, President McCall referred the petition to the Acting City Manager for review and report on the recommendation of the Chief of Police. 4: Mr, Frank Gottstein, 731 Haight Avenue, addressed the Council in admonition concerning the salary to be set for the new City Manager - feeling he should not be paid more as a starting salary than the former City Manager had received. President McCall explained that all five applicants still being considered are the Administrators of their respective cities and their present salaries range from 13,200. to 15,200. Therefore, any one of them could not be expected to make a change of position and home for 12,000. REPORTS OF COMMITTEES: 5. From Acting City Manager, recommending the Fill Permit issued to Gallagher & Burk, Inc., in June, 1955, be transferred to Mr. S. J. Dowling, who purchased the land in question in November, 1956. Also, that Gallagher & Burk, Inc., be released from its bond as Mr. Dowling has agreed to furnish a new one guaranteeing perform- ance of the fill of said land which lies south of Waterton Street at Mound Street. Councilman Schacht moved the recommendation be adopted upon the condition Mr. Dowling furnish a sufficient bond. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). 6. From Advisory Golf Commission, signed by Mr. Elliot S. Peterson, Secretary, setting forth its specific reasons why the merging of the Golf Course Maintenance Department with the Public Works Department would not be feasible. Also, recom- mending an increase of rate for rental of the large lockers to $1.00 per month, or $10.00 per year, and further, that an additional fifty large lockers be pur- chased, as there is a waiting list for said size and this would afford an additional 500.-revenue annually. It was stated the small lockers are not desired. Councilman Haag suggested the first portion of the letter, concerning the amalga- mation of the Departments, be referred to the Committee of the Whole for discussion and possibly a meeting with the Commission. With regard to the lockers, and upon Councilman Haagls request, President McCall explained the situation. Councilman Haag thereupon recommended the Acting City Manager be instructed to investigate and present the facts on the large lockers - to determine how many people are actually on the waiting list and how many of the old small lockers would be moved from the new to the old Clubhouse to ascertain how much room there would be for more large lockers. It was so ordered. UNFINISHED BUSINESS: 7. From Berger & Plate Company, Incorporated, submitting verified request for the refund of $48.95, paid on Tax Bill No. 4653, which amount had also been paid on Tax Bill No. 4641. The request was accompanied by a letter from Mr. R. V. Grafe, Deputy Assessor, explaining that two companies had paid on the same merchandise which had been declared erroneously by Encinal Terminals, and the refund was justified. Upon advice of the City Attorney that the refund is in order, Councilman Petersen moved the request be granted and Berger & Plate Company, Incorporated, be reimbursed the sum of $48.95. The motion was seconded by Councilman. Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). NEW BUSINESS: 8. The matter was presented concerning the filing of the Final Map by Utah Con- struction Company, South Shore Land Co. and South Shore Center, Inc., on their South Shore Subdivision known as Unit No. 1, South Shore, Tract No. 1866. It was requested the Council take action at this meeting. Mr. Annibale stated there is a resolution on the agenda which will be the formal approval of the Map, but he called the Council's attention to one matter which remains undecided. At the time the Tentative Map was submitted, there was a ques- tion of whether or not Roosevelt Drive would extend through to Park Street. The present Final Map shows that it does not extend through. The initial action of the Council on the Tentative Map gave the Council the power to subsequently make that decision and the Subdividers agreed to be bound by said decision. If the Council desires that Roosevelt Drive be not extended to Park Street then merely the approval of the Map is sufficient. If it determines that Roosevelt Drive should go through to Park Street then, in that event, the condition should be attached to the approval of the Map that it will be changed in this respect. It was brought out that the people living on Roosevelt Drive were opposed to the extension of Roosevelt Drive to Park Street, whereas the former Planning Director had recommended such extension. Mr. Robert Venable, Acting Planning Director, was called upon to present his views, and stated the Planning Staff still feels this street should go through because the highest and best use for that land is residential and in order to benefit as such, the lots should face on Roosevelt Drive and not into the shopping center. He felt, also, for fire protection, the open street would give better access to fire equip- ment. Mr. Venable said it is the feeling of the Planning Board that there should be no commercial area east of Park Street, and the residents of the adjoining prop- erty would not care to have a commercial district abutting their residences. He said this parcel of land should be landscaped to provide a buffer between the com- mercial and residential areas, and privacy for the residential lots. In response to President McCall's question as to this being the opinion and recom- mendation of the Planning Board, Mr. Venable agreed it is, and stated the Board had taken action accordingly. Following some further discussion on the subject, Councilman Petersen moved that Roosevelt Drive remain as it now is - a dead -end street. Councilman Haag seconded the motion and on roll call it was carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). President McCall asked the Acting City Manager to inform the Planning Board of the action taken by the Council at this time. He thereupon referred the matter to "Resolutions". RESOLUTIONS: 9. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5681 Designating the Person to Perform the Duties of the City Manager in the Event of His Absence or Disability." The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Council - man Freeman, (1). 10. Councilman Haag introduced the following resolution: "Resolution No. 5682 Authorizing Execution of Agreement with Utah Construction Company, South Shore and Co. and South Shore Center, Inc., 1 in the Matter of Completion of Improvements in That Certain Subdivision Known as Unit No. South Shore, Tract No. 1866." In response to Councilman Haarts recuest, IThe City Attorney explained the Final Fen is approved b7 the City Council upon the condition thet the Subdivider execute an Agreement whereby he promises to place in all the required improvements on the Final ran and binds himself tc do so. Some discussion ensued concerning the insurance ree irements stinelated in the Agreement, and also the provision for disposal of storm waters by the Subdivider durinr the period of development of not only this unit but the other two units as well. It was also brought out that once the improvements have been accepted as complete, then, the city assumes the responsibility for maintenance of streets, etcetera - but each, enit will be handled separrtely. In view of the fact that the improvements must be completed to the satisfaction of the City 17;nrineer, the question was raised as to his having any particular specifi- cations for materials or the method In which the requirements are to be met. Hanna answered that he has a complete set of specifications covering, all enrineering and technical features involved in 1; ,e construction and the contemplated project meets the required standards. Councilman. Petersen introduced the subject of street names proposed for this Subdivision, stating he felt that, in keeping with the tradition of Alameda and of His Country, the names of deceased war heroes from this community should be affixed to the streets in the new development. He asked that this be given . serious consid- eration. It was pointed out the Tentative Map had been approved by the Planning Board subject to the street names beinr worked out to the satisfaction. of "Utah", the Planninr Director and the City Engineer. Considerable discussion. was had on this matter. Al]. agreed it was a fine idea - but the fact was pointed up that a problem would arise if any deserving names were inadvertently omitted. It was finally determined that, since there are a great many streets still to be named in the other units to be developed - Bay Farm Island and the area west of Grand Street - this suggestion . could be followed at that time. The Subdivider indicated he would, be glad to do so. Council-an Haag thereunon moved the resolution be adopted. Ihe motion was seconded by Councilman Petersen and on roll call carried by the followng vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). 11. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. E;683 Approvirr-, Map of Subdivision Known as 'Snit No. 1, South '-'hore, Tract Yo. 1866, Submitted by Utah Construc- tion. Company, South Shore Land Co., and South Shore Center, Inc." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following votn. Ayes: your. -es: None. Absent: Councilman Freeman, (1). The President then declared all of the fo20-oing, resolutions duly adopted and passed. 0-DYWICES POI, PASSAGE: 12. "Ordinance No. 122, New Series An Ordinance Amending the Alameda Municipal Code by Addinr, Subdivision (79) to Section 17-h32 Thereof, Relating to Stop Intersections." (Clubhouse Memorial Eoad and Maitland Drive) Councilman Schacht moved the ordinance be adopted as read. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Four. FT-)es: None, Absent: Coencilmar Freeman, (1). FILING: 13. Agreement - 113etween Utah Construction Company, South Shore Land Co. and South Shore Center, Inc., and City of Alameda - Re Subdivision known as Tract No. 1866, Unit 1. v 14. At this time, Councilman Haag recalled that, on June 25, he had offered his resignation from the City Council, to be effective July 1. Subsequently, he had been prevailed upon to reconsider and stay on the Council until the completion of the first portion of the South Shole oevelonment. On July 2, the Council had gra- ciously acted to permit iim to remain. Now the Final Map is ok'd end he most humbly asked that the Council accept his resignation at this time, to be effective August 31, 197. He said he was nresentin- his resi-nation now in order that the Council would have ample opnortunity to select a new man and have him in readiness for the first meeting in September. President McCall lauded Councilman Haag 's wonderful work on the Council for the benefit of the community - stating he has eiven good advice to all and has spent 9 great deal of time in behalf of the people of the City. President McCall also said the Council was honored this evening by the presence of both. Mrs. Haag, wife, and Mrs. Haag, mother, of councilman Haag - and the ladies were introduced and welcomed at this time. Colncilman Schacht said that, uron the irsistance of Councilman. Haag he would move the Council accent, with great reluctance, the resimnation of Councilman Haag, effective August 31, 1957. The motion was seconded by Councilman Petersen, who praised Councilman Haag for having done a job on all issues that he felt was for the betterment of the community. He said the members of the Council and the community owe councilman Haag their thanks for his help, steering, and assistance in all of the problems of Alameda. The roli was then called and the motion carried by the following vote. Ayes: Three. 7oes: None. Not Voting: Councilman Haag, (1). Absent: One. ro( President McCall stated he would like to bring un again a matter discussed at the last meeting of the Council - concerning the closirie Union Office in Alameda - and said Councilman Schacht had wanted more the subject. He noted the presence of two representatives of Uestern J. F. Garriott and Glen Middiesworth. which had been of the Western information on Union - Messrs. Councilman Schacht stated he had since met with Messrs. Middlesworth, and Garriott who had explained their positions, and he had learned the employees of lestern Union at the Alameda Office have sufficient seniority sc that they will not be put out of a job. Also, the service in Alameda will not terminate - in fact, there may even be some aeditioral time for delivery of messages in the evening, due to the other type of faClities to be set to here. He said he had nothing further to add, though he did hate to see the Alameda office close. In rosnonse to councilmar Petersen's question, as to the future set-up, it was pointed out by Mr. 7Tarriott, that the messenger service is ender the oirect super- vision of Western. Union. He referred to his letter of August 9, 19E7, copies of which had been sent to the councilmen, setting forth -etails of the arrangements for telegraph service. It was determined no further action was needed on the matter. 1 President McCall also referred to the request made at the last meeting that the Acting City Manager draft a letter to the Board of burervisors, for the Council's examination, with regard to lighting in the Posey Tube - and . stated he would like to have this matter cleared up at this time if possible. Councilman Haag said he thought the letter may well have gone into more detail and distinctly have brought out the fact that one of the real reasons for asking for the expenditure of that money on the Alameda side is due to the sharp turn in the Tube at this end. Councilman Petersen also felt it should be pointed out in the letter the amount of money which was originally borrowed from the Tube progrem to finance some other program and which has never been repaid. Councilman Haag concurred. Councilman Schacht stated it might be more clearly mentioned that the i9,COO. which was allocated for cleanin7 the Tube would be better spent for additional lighting. He also concurred with Councilman Petersen's point concerning the large sum of money borrowed from the Tube program. President McCall thereupon instructed the Acting City .Lanager to redraft tne letter incleding the suggestions made at this time and again submit it to the Counci_men for final apnroval. 17. President McCall introduced one further matter - stating Councilman Schacht had requested an oninion from the City Attorney with regard td the "hules and Pegelations on Public Use of the Bay Farm island Eecreatior Center" as set up by the Recreation. Department, which are similar to those for use of Lincoln PrIlq/, Recreation Center. The point in question was set forth in Section 4, general kules, A, 10 - "No nermits will be issued to any group for the purpose of conducting a political (partisan) meeting." The City Attorney had ren dared the opinion tht such prohibition is not within the City's powers. Yr. C1Pr1 stated he had discussed the matter with the S uperintendent of Recreation who had agreed he would so inform the Recreation Commission and he felt certain it would amend the rules accordinly. He mentioned that this was prior to receiving, the opinion from the City Attorney. Councilman Schacht explained he had felt the "Rules" as set uo were not entirely fair and proper and that is whu he had requested the City Attorney's opinion. He pointed out that, apparently, there had been an attempt to invoke certain restric- tions which, by law, could not rie;htfully be invoked. if the situation is Foing to be corrected, he felt, probably, no action will have to be taken. he said it has been mentioned that religious groups have also been excluded and he askee if there was ariy reason why this should be Tr. Itnnibale replied that this question had come nr, some time aF.;o and his (minion had been that religious croups could not he restricted any more than any other F-roups - so this matter has also been attended to. Te Active City ileneFer was insbractect to convey this information to the lec_eation Department and to the Commission. In respons te the Pr si-ent's au, stion as to the Proper action to be taker, Mr. Annibe,le an swered that the Council could amend the 'hules" - but, he pointed out, he had sent a copy of his opinlon to the 1-ecreation Department and he felt 1-his is a situation whrre "a word to the wise, is sufficient", and the rules will probably be amended. He said that, if they are not amended, however, then he would definitely sugFest the Council take act on. Counci]man Haag suFgested the City Attorney also inform the Recreation Commission on this matter so that, in amending the rules for the Bay Farm Island Recreation Center, the rules for Lincoln Park Recreation Center will be amended simultaneously. It was so ordered. ADJOURUYENT Respectfully submitted, 18. There being no further business to come before the meetinF, the Council adjourned - to assemble in regular session on Tuesday evening, August 20, 1957, at 7:30 o'clock.