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.