1954-07-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, JULY 20, 1954
The meeting convened at 8 :00 o'clock P. M. with Vice -Mayor Anderson presiding.
The Pledge of Allegiance was lead by the City Clerk.
ROLL CALL:
The roll was called and Councilman Jones, McCall, Moresi and Vice -Mayor Anderson,
(4), were noted present. Absent: Mayor Leland W. Sweeney, (1).
MINUTES:
1. The minutes of the regular meeting held July 6, 1954, were approved as transcribed
on motion made by Councilman Jones, seconded by Councilman McCall and unanimously
carried.
OPENING OF BIDS:
2. Bids were opened and read for the project of the Installation of Storm Sewer Line
"A" to serve County and Garden Roads on Bay Farm Island, in accordance with Specifi-
cations, Special Provisions and Plans therefor, No. PW 6- 54 -17, as follows:
From McGuire and Hester - - 7,435.80
Accompanied by a Bid or Proposal Bond - -
From Paris - Brothers - - $5,886.53
Accompanied by a Bid Bond
The bids were referred to the City Manager and City Engineer for study and recommenda-
.tion.
WRITTEN COMMUNICATIONS:
3. From John H. Buestad, Building Contractor, 1237 Hawthorne Street, Alameda,
submitting a correction in his bid on the construction of the Lincoln Park Clubhouse
making the total on this proposal $48,964. instead of the x$41,960. originally quoted
at the last meeting.
Councilman Jones moved that Mr. Buestad be permitted to withdraw his bid and his bond
or certified check be returned to him. The motion was seconded by Councilman Moresi
and on roll call carried by the following vote. Ayes: Councilmen Jones, McCall,
Moresi and Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1).
The following five letters were read - concerning the requested abandonment of three
public ways running between Fernside Boulevard and the United States Tidal Canal -
and they were referred to the file on this subject, which matter is to come up under
"Hearings ".
V
From Mr. C. C. Howard, 1265 Weber Street, in opposition to the closing of the
three "Alley- ways ".
5:7 From Henry R. and Texanna O.eLevo, 32 �4 Fairview Avenue, protesting against the
abandonment of the three Public Ways - and urging that a very thorough study be made
of this problem with but one thought in mind "that the protection of the rights of all
of the people" be paramount.
6 From Mr. Howard Shirley, 3327 Fernside Boulevard, urging the Council to adopt
the resolution of abandonment of the three public easements for the best interest of
Alameda, and suggesting that the Planning Board be asked to advise on the possibility
of another area more suitable for water activities,
71 From the Alameda Chamber of Commerce, endorsing the recommendations of the City
Planning- Board, the Planning Director and Planning Consultant, that the three ease-
ments be abandoned and said land restored to the City tax roll, whereby funds may be
accumulated towards development of adequate property for Marine Recreational purposes.
8; From Mr. Francis Harvey, 3352 Fernside Boulevard, urging that the three "freeways"
should remain in the Master Plan of the City of Alameda do should not be abandoned.
9. From Mr. Frank Gottstein, submitting an Application for Permit to Fill Property
at the south end of Ninth Street with one thousand cubic yards of earth and rock fill
by truck dumping. The application was accompanied by the necessary bond.
Councilman Moresi moved that Mr. Gottstein be granted a Permit to fill his property
as set forth in his application. The motion was seconded by Councilman Jones and on
roll call carried by the following vote. Ayes: Councilmen Jones, McCall, Moresi and
Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1).
ORAL COMMUNICATIONS:
10. Vice -Mayor Anderson inquired if there were any who wished to address the
Council - there was no response.
HEARINGS:
11. Continued from the meeting of July 6, was the matter of the requested closing
of the three Public Ways running between Fernside Boulevard and the United States
Tidal Canal - which was called up at this time.
Mr. Stanley D. Whitney, Attorney for the petitioners, stated there are certain matters
which are being developed in connection with the petition to abandon these easements
and they are not complete yet and he respectfully requested that any further action
on this matter be continued to the meeting of August 17. He said that in the interest
of justice, the matter should be continued in that it will give the Council more
opportunity to hear further evidence which will be ready by that time - the delay
having been necessitated through vacation plans of himself and others involved.
Mr. K. B. Key, representing the opposition to this petition, stated the proponents
of this question had presented the petition sometime ago, in which they had made
allegations concerning teen -age drinking and lewd acts, etcetera. He pointed out
that, at the last meeting, the matter had been continued at the request of one of
the Councilmen and if the proponents had further evidence it should have been ready
to present tonight. He felt the only reason for their request to continue the
matter again was a stalling action on their part, and if this evidence could not
have been produced in the two week interim, it was a very poor excuse. He respect-
fully requested that action be taken at this meeting.
Mr. Albert Veltman, 3271 Fairview Avenue, Secretary- Treasurer of Waterside Terrace -
Thompson Home Owners Association, stated that they have investigated the matter of
the requested closing of these easements - their interest is purely civic - they
have worked diligently in trying to support an issue believed to be of civic interest.
He emphasized there has been no concrete evidence presented with regard to the pro -
ponents' claim of nuisances being committed on these easements - just stories - and
he strongly urged the Council to vote on this matter tonight.
Mr. Whitney explained he had not felt it would be necessary to parade a group of
witnesses before the Council - but now they are prepared to have them appear at the
meeting of August 17 - and if the Council votes on this matter tonight the propon-
ents are foreclosed and have no further opportunity to present their evidence to the
Council and they would like to present the matter fully.
Councilman Moresi stated that, while she is in sympathy with the Waterside Terrace-
Thompson Home Owners Association, this hearing is based on the premise of whether
or not there is a nuisance value and in view of the fact that further evidence can
be presented, she would move that the hearing be continued to August 17.
Councilman Jones stated he had come to this meeting with the full intention of
voting to retain the easements - but at the same time, he felt that the Council`
has to be fair to both sides of the question and, therefore, he would second the
motion. The motion was carried.
12. Called up at this time was the matter of the proposed closing of that portion
of Van Buren Street between Mound and Court Streets.
The Clerk stated that the Affidavit of Publication of Resolution of Intention No.
4954, initiating this action was on file - together with the Affidavit of Posting
Notice of Public Work in connection with this matter.
Mr. William Borg of the School Department, representing the Board of Education,
stated he was present for the principal reason of answering any questions the
Council might have on this matter. He pointed out that, in view of the large
enrollment of students at Lincoln School, where more play area is needed, the
request is made - not only by the Alameda Unified School District but also by the
Parent-Teachers Association, that this portion of Van Buren Street be closed.
City Attorney Clark stated the Alameda Unified School District, in conformity with
the plan outlined by the Planning Director for the proper development of this area
as a part of the school play yard, has granted to the City its fee title to the area
involved with the idea that, at some future date, the City may wish to resume use of
this street as such. He explained that, during the interim, the Board of Education
will receive a Revocable Permit for the present use of the street area for its
purposes.
There were no protests registered at this time against the requested street vacation
and the matter was referred to "Resolutions ".
REPORTS OF COMMITTEES:
13. From Stanley D. Whitney, Chairman of the Advisory Health Board, approving the
tentative 1954 -55 Budget of the Alameda City Health Department.
77
The communication was noted and ordered filed.
14. From the City Manager, recommending contract be awarded to Mr. T. J. Padgett,
the low bidder, for the project of Constructing a Civil Defense Equipment Garage
at Godfrey Park at the price of 82,196.80.
Councilman Moresi moved the City Manager's recommendation be approved; that contract
be awarded to this bidder for the specified project at the price quoted and the bid
bonds or checks be returned to the unsuccessful bidders. The motion was seconded by
Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen
Jones, McCall, Moresi and Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor
Sweeney, (1).
15. From the City Manager, reporting that all work in erecting fences and backstops
at Krusi Park has been satisfactorily completed and recommending it be accepted and
the Notice of Completion be ordered filed.
Councilman Jones moved the City Manager's recommendation be adopted; that the work
on this project be accepted and the Notice of Completion be filed. The motion was
seconded by Councilman Moresi and on roll call carried by the following vote. Ayes:
Councilmen Jones, McCall, Moresi and Vice -Mayor Anderson, (4). Noes: None. Absent:
Mayor Sweeney, (1).
16: From the City Manager, submitting the Tentative Budget for the fiscal year
1954 -55.
This was ordered filed.
Councilman Jones stated credit should be given to the City Manager for his work in
connection with the Budget and in keeping the tax rate the same as last year.
Vice -Mayor Anderson stated Mr. Froerer had the Tentative Budget ready very early for
the Council to work on and it had spent three separate evenings going over the budget
page by page, with the result that almost 1340,000. had been cut from it which is
equivalent to about eight cents on the tax rate. He stated he could not pay too high
a tribute to the City Manager for furnishing such a very logical budget.
At this point, Mr. Goerge Hansen addressed the Council, stating there has been
recently formed a Taxpayers League in Alameda, which is not yet fully activated, but
he wanted to inform the Council that its members are very happy with the decision to
maintain the same tax rate.
17 From the City Manager, submitting his analysis of the bids received on the
project of Constructing a Club House at Lincoln Park and Rest Rooms and Storage
Building at Krusi Park - Specifications No. PW 6- 54 -16.
Councilman Jones moved this letter be referred to the Committee of the Whole for
further study by the Council. The motion was seconded by Councilman Moresi and
unanimously carried.
INTRODUCTION OF ORDINANCES:
18. Councilman McCall introduced the following ordinance, which was then referred
to "Ordinances for Passage" due to its being a,measure of great emergency which is
to take effect immediately.
"Ordinance No.
An Ordinance Authorizing Execution of A Lease of
Certain Tide and Submerged Lands to the Pacific
Telephone and Telegraph Company."
UNFINISHED BUSINESS:
19 ✓ Councilman McCall stated he had made a request at the last meeting that the
Council check into the matter of developing the north end of Grand Street for small
boat ramps - and inquired if any progress had been made in this respect.
Mr. Froerer reported that a preliminary drawing on this matter had been prepared,
and copies would be sent to the members of the Council when it is more complete.
NEW BUSINESS:
20. City Attorney suggested the City Manager be authorized to prepare and issue
the Permit to the Board of Education for the School Department's use of that certain
area of Van Buren Street which has been ordered closed.
Councilman Jones made a motion to this effect, seconded by Councilman McCall and on
roll call carried by the following vote. Ayes: Councilman Jones, McCall, Moresi
and Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1).
At this time, Dr. Roderick, Superintendent of Schools, was noted present and called
upon. He stated he was present to express the appreciation of the Board of Educa-
tion for this considerate action on the part of the Council which will relieve an
intolerable situation at Lincoln School, in that there was created a poor psycho-
logical effect on the little children who were allowed to play "in the street"
during school hours and then instructed not to play in the street at other times.
He stated this action will be greatly appreciated also by the parents of the
youngsters.
RESOLUTIONS:
21. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4959
Authorizing Execution of Contract with Alameda
Chamber of Commerce for Advertising for the Fiscal
Year,.Ending June 30, 1955, and Appropriating
$10,000. for Such Purposes."
The motion to adopt said resolution was seconded by Councilman McCall and on roll
call carried by the following vote. Ayes: Councilmen Jones, McCall, Moresi and
Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1). Thereupon
the Vice -Mayor declared said resolution duly adopted and passed.
22. The following resolution was introduced by Councilman Moresi, who moved its
adoption:
"Resolution No. 4960
Accepting Grant Deed from Thomas Wood, Also Known as
Paul Wood, and Vivian Wood, His Wife, of Real Property
Near Bay Farm Island Bridge, and Consenting to the
Recordation Thereof."
The motion to adopt said resolution was seconded by Councilman Jones and on roll
call carried by the following vote. Ayes: Councilmen Jones, McCall, Moresi and
Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1). Thereupon
the Vice -Mayor declared said resolution duly adopted and passed.
23. The following resolution was introduced by Councilman McCall, who moved its
adoption:
"Resolution No. 4961
Accepting Deed from Alameda Unified School District
of Real Property, Being That Portion of Van Buren
Street Lying Between Court Street and Mound Street,
And Consenting to the Recordation Thereof."
The motion to adopt said resolution was seconded by Councilman Moresi and on roll
call carried by the following vote. Ayes: Councilmen Jones, McCall, Moresi and
Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1). Thereupon
the Vice -Mayor declared said resolution duly adopted and passed.
24. The following resolution was introduced by Councilman McCall, who moved its
adoption:
"Resolution No. 4962
Ordering the Vacation of That Portion of Van Buren
Street Lying Between Court Street and Mound Street,
In the City of Alameda."
The motion to adopt said resolution was seconded by Councilman Moresi and on roll
call carried by the following vote. Ayes: Councilmen Jones, McCall, Moresi and
Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1). Thereupon
the Vice -Mayor declared said resolution duly adopted and passed.
25. The following resolution was introduced by Councilman Moresi, who moved its
adoption:
"Resolution No. 4963
Adopting Specifications, Special Provisions and Plans
for Installation of Nautilus Street Sanitary Sewer in
The Vicinity of Alaska Packers, Calling for Bids and
Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman Jones and on roll
call carried by the following vote. Ayes: Councilmen Jones, McCall, Moresi and
Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1). Thereupon
the Vice -Mayor declared said resolution duly adopted and passed.
26. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4964
Memorializing the Civil Aeronautics Board in the
Matter of Granting to Transocean Air Lines a
Certificate in Accordance with Its Request for
Its Operations in the Pacific."
The motion to adopt said resolution was seconded by Councilman McCall and on roll
call carried by the following vote. Ayes: Councilmen Jones, McCall, Moresi and
Vice -Mayor Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1). Thereupon
the Vice -Mayor declared said resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
27. "Ordinance No. 1131
New Series
An Ordinance Authorizing Execution of a Lease of
Certain Tide and Submerged Lands to the Pacific
Telephone and Telegraph Company."
Councilman Moresi moved the ordinance be adopted as read. The motion was seconded
by Councilman Jones and on roll call carried by the following vote. Ayes:
Councilmen Jones, McCall, Moresi and Vice -Mayor Anderson, (4). Noes: None.
Absent: Mayor Sweeney, (1).
FILING:
28. Auditor's Financial Statement - City of Alameda, as at June 30, 1954 -
Verified by Middleton, Suman & Hackleman.
29. Specifications No. PW 7 -54 -18 - Installation of Nautilus Street Sanitary
Sewer in the Vicinity of Alaska Packers.
BILLS:
30. An itemized List of Claims against the City of Alameda and the Departments
thereof, in the total amount of 012,881.32 was submitted to the Council at this
meeting.
The List was accompanied by a certification from the City Manager that the Claims
shown were correct.
Councilman Jones moved the bills as itemized in the List of Claims filed with the
City Clerk on July 20, 1954, and submitted to the Council at this time, be allowed
and paid. The motion was seconded by Councilman McCall and on roll call carried
by the following vote. Ayes: Councilmen Jones, McCall, Moresi and Vice -Mayor
Anderson, (4). Noes: None. Absent: Mayor Sweeney, (1).
ADJOURNMENT:
31. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, August 3, 1954,
8 :00 o'clock.
Respectfully submitted,