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1954-09-21 Regular CC Minutes1 0 1_ „•• „• „•• ..: .• REGULAR MEETING OF • THE COUNCIL OF THE CITY OF ALAMEDA •••• • HELD TUESDAY EVENING, SEPTEMBER 21, 1954 ..... •••• . . ,,•• ... .... The meeting convened at 835 o'clock P. M. with President Sweeney presiding. The ..• ••• „•• Pledge of Allegiance was lead. by Councilman Moresi. .•••• ,• •• ROLL CALL: •• „•• ..• :-: The roll was called and Councilmen Anderson, Jones, McCall, Moresi and •„•••• .• ,• •••• President Sweeney, (5), were noted present. Absent: None. • , ,• MINUTES: ..,• 1. The minutes of the regular meeting held September 7, and the Special Meeting • held September 15, 1954, were approved as transcribed. WRITTEN COMMUNICATIONS: -• • 2. / From Mrs, C. Henrietta, 2909 Water Street, requesting that the name of this • .... „.. street be changed, as "Water” Street implies a factory district or embarcadero ...: ..• and inquiring what procedure is necessary to do so. „.„ .• President Sweeney stated Mrs. Henrietta would be informed that the procedure is for her to contact the neighbors on this street concerning the proposed change of •' • • name, and present their suggestion of a suitable name to the Council for its action. ..,• • ,• .• 3. From Frank Waltjen, District #5 Commander, AMVETS Department of California, • .... informing the Council of the proposed organization of a Post in Alameda, setting •• forth certain facts concerning this group and extending the services of AMVETS to •• • ...• work with the City officials, Chamber of Commerce and the Civic groups to help build ,• .• a better community. • • .• „.., ••• President Sweeney stated he knew this organization has been very active in service •• work and that it is doing a very splendid job. He said that, on behalf of the City .-.• ••• .• Council, he extends best wishes to AMVETS for success in organizing this new Post. „• • Councilman Jones suggested it would be appropriate to present the head of this ' : group with the Honorary Citizen Certificate when the Post is established. Councilman Moresi thought this would be a nice gesture. ..• ..„ From Edmund B. MacDonald and Percival M. Scales, owners of property at 1404- ..... ..• 1410 Park Street, urging the Council to employ some competent firm as professional • consultants for advice on proper methods of obtaining off-street parking in Alameda. •••• „,• President Sweeney stated a Committee of interested citizens has already been appointed to work in conjunction with the Chamber of Commerce on the matter of off- • • street parking and he felt that, in the very near future, this particular problem ..•-• • will be solved- He pointed o the Council is going to meet with the Off-Street • Parking Committee right after this meeting - and he thereupon referred. this •• • • communication to th e file on this subject. • c--' . From Waterside Terrace-Thompson Home Owners Association, signed by A. N. Veltman, 4.,.....) Secretary-Treasurer, expressing appreciation to the Council for its deliberations ...-•• ,• in the matter of the three Public Ways off of Fernside Boulevard. ••• ,• :.„ The communication was noted and ordered filed. 6Y From Alameda Lodge No. 1015, B. P. O. E., requesting permission to have the • Bureau of Electricity hang two banners - one at Park Street and Earle Avenue and one at Webster Street and Eagle Avenue - publicizing its Charity Ball Game to be held • • at the Oaks Ball Park on October 24. .• Councilman Anderson moved the City Manager be authorized to issue a Permit to the • ,• ElkS1 Lodge to allow these banners to be hung at the designated intersections. The motion was seconded by Councilman McC all and unanimously carried. ,•• .• HEARINGS: ,•• _V '••• • , Continued from the meeting of August 17, 1954, was the matter of the proposed --„••• ,• •• closing of Fountain Street, south of Otis Drive - which was called up at this time. ••• „• .,• ,• City Attorney Clark stated that Mr. Fernhoff, Attorney for Mr. Paul Wood, had ••• .••••' • • called him today and had stated that he is presently still in negotiation with ..•• Mr. Bestor Robinson, who represents Mr. Michael Hester, concerning this matter. • • • :• Mr. Fernhoff had stated they have agreed between themselves that, in the promotion ,• •• • „•' of good will and the hope of reaching a mutually satisfactory settlement, they would •• • • like to have this matter laid over to November 16. ,• .., • ,• „.• Councilman Jones moved the Hearing be continued to that date. The motion was •' ..• seconded by Councilman Moresi and unanimously carried. • • .... . . ,• ,• ..„ j-U REPORTS OP COMMITTEES: From the City Attorney, reporting that the three sites selected by the Post Office Department for establishing its mail collection boxes with chutes are already located in "no parkinr" zones and it is, therefore, in order for the Council, by motion, to authorize the City Manager to issue the required permit for the installa- tion of the mail boxes as requested. Councilman Anderson thereupon moved the City Manager be authorized to issue the necessary Permit for the locations designated in the request. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (). Noes. None. Absent: None. Vi 9. From the City Manager, recommending contract be awarded to Garland Chevrolet Company, the sole bidder, for furnishing one new, Suburban Carryall for the Recreation Department at the bid price of $2,006.06. Councilman Anderson moved the City Manager's recommendation be approved; that contract be awarded to this company for furnishing the Carryall at the price quoted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. . V 10. From the City Manager, requesting permission be given to Mrs. Lucille Harrison and Mr. Don Grant, Playground Directors, tattend the Northern California Youth i .. Council Conference at Asilomar, Pacific Grove, on October 1, 2 and 3, 1954 - as Counselors for 11 officers of Alameda City Teen-Age Clubs - that $28. be appropriat- ed for this purpose and permission be granted to use two City cars for transpor- tation. Councilman Moresi moved the City Manager's request be granted and the specified personnel be permitted to attend this Conference as Counselors for the officers of the Teen-Age Clubs, that G28. be appropriated for their expenses and two City cars be used for their transportation. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 4 11. From the City Manager, reporting all work in constructing a Civil Defense Equipment Garage on Bay Farm Island has been satisfactorily completed and recommend- ing that 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 Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 1. From George R. Doran, Chief of Police submitting his report with regard to the Delinquency Prevention Ordinance proposed by the District Attorney's Office. He stated the present City Ordinance is more applicable to this community and is sufficient for the control of juveniles in Alameda. He also pointed out that the proposed ordinance makes the parents or guardians responsible if any youth is on the public streets or in a public place between the hours of 10:00 o'clock P. M. and sunrise - and he believes the parents cannot be held responsible in all cases. He emphasized that if this were enforced and parents were arrested for the actions of their children, it would breakdown a lot of the good public relations the Police Department has established with the parents in obtaininr their cooperation in handling juvenile problems. Upon request, City Attorney Clark stated he agreed with the Chief in his analysis of the local ordinance in comparison with that proposed by the County of Alameda. He said the City does have the full cooperation of the parents of juveniles. He remarked that, while there has been quite a widespread adoption of the proposed ordinance around the County, the City of Berkeley has not seen fit to adopt it, believing its local ordinance satisfactorily covers any situation which might arise. He felt the Chief has the proper perspective on this matter and the present Code regulations are adequate. Councilman Jones stated that, on the basis of the report of the Chief of Police and the thou-hts expressed by the City Attorney, he would move the Council not take action to modify the local ordinance and further, that the report of the Chief of Police be referredto the District Attorney. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. 13. From the City Manager, recommending that McGuire and Hester, Contractors, be granted a thirty-day extension of time - until November 3, 1954 - in which to complete their work onthe construction of two sewage pumping plants at Eighth Street and Portola Avenue and Eighth Street and Taylor Avenue. 444 .4 4 444.4• mb Councilman Moresi moved the City Manager's recommendation be approved; that this firm be granted the specified extension of time for the completion of this project. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 14. Councilman Moresi introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Renumbering And Amending Sections 4-221.1; 4-221.2 and 4-221.3, Relating to Unleashed Dogs on the Alameda Municipal Golf Course and Parks, Playgrounds and Recreation Centers of the City of Alameda." 15, Councilman Jones introduced the following ordinance, after which it was laid over under provisions of law and the Charter: "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Sub-Section "D" of Section 2-532 Thereof, Relating to Municipal Employees Sick Leave." RESOLUTIONS: 16. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4987 Approving Division of San Francisco Bay Toll Crossings Plan of Acquisition of Right of Way for the Southern Crossing and Setting Aside and Reserving Certain Designated Lands Under Jurisdiction of City of Alameda for Future Acquisition by State of California for State ,fighway Purposes." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. There upon the President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4988 Adopting Specifications, Special Provisions and Plans for Exterior Painting and Decorating of the Health Center Building, 2226 Santa Clara Avenue, Alameda, California, Calling for Bias 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: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Jones, w:io moved its adoption: "Resolution No. 4989 Establishing Official Grade of Peach Street, Between Washington Street and Calhoun Street, and Fixing Standard for Future Improvement Thereof." Mr. Ted Kaufman, 1083 Peach Street inquired what consideration the property owners on this street can expect if it is graded and the land filled in next to them. He pointed out the rear areas of their properties were flooded last year. Mr. Froerer explained that the grade has been established on Post Street and the drainage accumulates in these rear areas. He said that, in order to prevent this flooding, it will be necessary to run a small storm sewer down the rear lot of these properties which will connect with one at Calhoun and Post Street. He pointed out that the City, as such, is not involved in this situation. The City Engineer stated his Department has conferred with Mr. Paul Wood, developer of certain property in this area, and he is filling his land in such a way that it will drain entirely to Peach Street. Mr. Jack Bell, 1014 Post Street and Mr.. James Cranston, 1006 Post Street, spoke of the flooding condition in this vicinity and explained how their properties had been filled. Councilman Moresi asked what responsibility the City has, when there is property being filled by some owners, to see that there is no possibility of having the drainage accumulate on another's property. The City Attorney explained that this is covered by the provision in the Alameda Municipal Code in which it is stipulated that no property can be filled without a permit having been obtained in order that the City can control this situation. Councilman Moresi said it would seem that the ordinance covering regulations on the filling of land should be investigated. Councilman McCall felt some definite remedial action should be taken and moved this matter be referred to the City Manager for investigation and the Engineer- ing Department should consult with these people in this area and assist them in solving this drainage problem. There was no second. Councilman Jones asked if the establishment of this grade would affect this situation and Mr. Froerer answered that any action on the establishing of a grade for Peach Street would not aggravate or affect the drainage situation there at all. He said he felt there is no financial obligation on the part of the City and reiterated that a storm drain should be run down the rear lot lines of this block. He said he felt Councilman Moresi/s suggestion that the "Fill" ordinance be re- viewed and revised would be in order. Councilman Anderson asked if permits had been taken out for the filling of these lands and the City Engineer answered, "No". Councilman Anderson said it seemed to him that, if a property owner can fill his land without the necessity of getting a permit from the City, and thereby lets drainage flood his neighbor's property - and as long as the City is in error in this respect - and until such time as the City rectifies this error and the situation is provided for, the responsibility of correctii-gthe condition is the City's. He felt the Council should Five considera- tion to the rights of the property owners and the matter should be referred to the City Attorney for his review of the legal aspects of the situation and the City's moral obligation as well - and he so moved. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent; None. At this time, the motion to adopt this resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Jones, ho moved its adoption: "Resolution No. 4990 Establishing Official Grade of Madison Street, Between Market Street and Leandro Street, and Fixing Standards for Future Improvement Thereof." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4991 Authorizing Advancement of Paul T. Bixler to Next Salary Step (NO L) in Position Coded as No. 545 (Park Caretaker), Range No. 1t, as Provided by Resolution No. 495. The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 105 21. "Resolution No. 4992 Protesting the Location of the Proposed Expansion of Metropolitan Oakland International Airport and Requesting the Port of Oakland to Reconsider tbe Planning and Location of That Project in the Light of the Public Interest." At this point, President Sweeney stated the City Officials had met yesterday with the Port of Oakland representatives and many other interested parties to discuss this subject. He introduced Mr. Charles Travers of the Utah Construction Company and said he would like to ask him certain questions: (1) At yesterday's meeting you outlined your Company's position regarding its plans to start work on Bay Farm Island - you agreed to get your Yanagement's position on one specific question - Can you assure this Council that Utah Construction Company will not make any settlement with the Port of Oakland under threat of condemnation. Mr. Travers stated his Company has given the City assurance of its desire and willingness to 7o ahead with this project on Bay Farm Island. He said that, so long as the City Council would take the attitude and position that it is in the best public interest and the best interests of Alameda for this project to go forward, then Utah will not make any settlement in connection with this condemna- tion suit instigated by the Port of Oakland. He said he would add this - if his Company obtains or nets an offer from the Port of Oakland then the Company will promptly and forthwith come before the Council and submit and refer that offer to it for discussion. If, at that time, you then tell us that you, as a City Council, still consider it is in the broad public interest and that the City of Alameda for Utah Construction Company to proceed with its development on Bay Farm Island, the Company will continue to resist the Port. He said it is only fair that the Company would appreciate it if, in consideration of its approach and attitude, the City •Council would also take a very vigorous and forthright stand in support of the Company's action so long as it is felt to be in the public interest. President Sweeney said that yesterday Mr. Travers had referred to an Airport Consultant preparing a report for Utah Construction Company and asked Mr. Travers if he could tell the Council something more about this particular report. Fr. Travers said that his Company has made a study of the Oakland Metropolitan International Airport plans and also had obtained the services of an outside consultant for technical advice. He stated the report of this consultant will b e in the Company's hands probably by the end of this week - but to play it safe, he would say by next week - and as soon as this report is received by his Company it will be promptly delivered to the Council. He pointed on that it is his Comnany's hope and belief that this report wili furnish a basis for chanring or modifying the present Airport plans - which will permit the Airport to have its expansion and also to permit the Company's proposed 150,000,000. development on Bay Farm Island, which all would like to see take place. President Sweeney asked Mr. Travers what facts he could give the Council to show that his Company is ready right now to proceed with its development of Bay Farm Island. Mr. Travers replied that this required a long answer to make it complete - but it would seem to him that in any matter of this sort there are two considera- tions, (1) What is the Company's investment to date and (2) what has the Company done in the way of studies, technical accomplishments and analyses of approach to assure the Council that the Company is sufficiently far advanced to support its statement that it can go forward. So far as what the Company has in this project is concerned, he said several hundred thousand dollars of its own money has already been invested in t he Bay Farm Island development. He set forth in detail the many technical studies made in preparation for the undertaking of such a project - emphasizing the great expense involved in obtaining these reports - and, in addition, the Company has made complete financial analyses of the cost estimates which prove it is feasible to proceedwith the Bay Farm Island Development. He also pointed out that all work has been in conformance with the City of Alameda Master Plan for Bay Farm Island. He said he felt it is a fair statement that his Company is fully prepared to go ahead with this development if it has the opportunity to do so - the Company hopes to do a job here which will be a con- tribution to the Bay area. President Sweeney asked if the Company had any notice that this land was to be condemned by the Port of Oakland. Mr. Travers answered, "No, it did not". He said the Company had gone ahead with its planning studies until about June 14, at which time he had been invited to attend a meeting of the Port of Oakland and he had been informed at that time the Port would like to obtain this land - and advised the Company that the Port would obtain it by condemnation. Councilman Jones stated the Port Authorities had been put on notice some time ago concerning its conflict with the City's Master Plan of Bay Farm Island. Mr. Travers stated that, in the course of making studies to ascertain if this area were eligible for F. H. A. insurance - and in order to make a presentation of the matter to F. H. A., the Company made a complete survey and study of the Bay Farm project - containing the relationship of the facilities of this area to the Airport. In considering the properties of the Master Plan expansion and the long- range plans of the Oakland Airport, he was given the then existing plans - those plans were incorporated in the Company's submission to F. H. A. Those plans were forwarded to the local Regional Office and, after field study, to the Washington Office of F. H. A. After a considerable period of time the Company was told that its property would be considered in an area that was eligible as far as the F. H. A. was concerned, There was a small area eliminated due to its proximity to the Airport. Councilman Anderson asked, "If there were no obstacles in your way at the present time, what length of time from now would elapse until Utah Construc- tion Company was ready to make its definite commitment as to when it would start?" Mr. Travers replied, "I would say approximately 120 days - within that time the Utah Construction Company would give evidence to move forward with the Job." Councilman Moresi stated that, in the interest of bringing out complete informa- tion as to what this Airport means to the City of Alameda - and with the definite understanding that the Council is not in opposition tothe Airport Expansion, but in the interest of developing the tax base rate for the City, she would move the adoption of this resolution. The motion to adopt said resolution was seconded by Councilman Anderson. Councilman Jones stated he was not in agreement with the reasons given for making this protest. He said the Council does favor the expansion of the Airport - and also, the development of Bay Farm Island hy the Utah Construction Company. He remarked that what he is primarily interested in is to hear the testimony of the experts. He felt the Council will be duty bound to fight the Port Of Oakland to the last ditch in its effort to take land of Alameda by Condemnation. He said however, this resolution is precisely the one that was discussed at the meeting yesterday and does not give consideration to the fact that several of the questions the Council had in mind have now been answered. The question was called for an the motion carried by the following roll call vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5) • Noes: None. Absent: None. Councilman Jones explained that his purpose in voting "Aye" is to bring out the full report at the Hearing - but he does not feel the resolution in its present form is the way the proceedings should be instituted. City Attorney Clark stated the adoption of this resolution by the Council is an indication of its willingness to oppose the Port of Oakland. He pointed out the interests of the City and those of Utah Construction Company bear very closely upon each other in this matter. If this is the Council's purpose and intent, he stated he should like, at this time, to be authorized to take such steps as may be deemed necessary and proper. Councilman Jones moved the City Attorney be authorized to proceed. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None, Absent: None. Councilman Anderson summarized the situation as follows: The Utah Construc- tion Company proposes to spend 850,000,000. to develop homes on Bay Farm Island, which he felt certainly would be an asset. On the statement of Mr. Travers of Utah Construction Company, the Port of Oakland on June 11j, of this year, made known its present plans for the expansion of the air strip which would necessitate the taking of half of the Company's property. Prior to that time, the Port had other plans. The Port's project amounts to 811,500,000. - and to have this development, why should the City be called upon to sacrifice this huge amount from the tax base. He felt the Council's action this evening will assure a hearing where all phases of this matter may be presented and the City can find out by arbitration if it might not be able to bring both of these projects into being. He thought the Council had acted to protect the people of Alameda. At this time Mr. Travers stated he wanted the record to show that there had been a meeting somtime in May, at which City Manager Froerer, himself and other officials had been present at the Port of Oakland for the purpose of the Port acquainting all concerned that it would have a new plan for its expansion. The June la meeting referred to was the meeting at which ne personally WEIS told that the Port wanted to obtain the CompanY's land. He said he wanted to make it clear that the Company is not fighting the expansion of the airport. ORDINANCES FOR PASSAGE: 22. "Ordinance No. 1133, New Series An Ordinance Amending the Alameda Municipal Code by Amending Subsection (a) of Section 17-511 Thereof, Relating to Freight Traffic on Streets in Central Traffic District or Business District." Councilman Jones moved the ordinance be adopted as read. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, ITcCail, Moresi and President Sweeney, (5). Noes: None. Absent: None. 23. "Ordinance No. 1134, New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 17-333 Thereof, and by Adding Thereto New Subsections (20) and (21), Relating to All Time and Limited No Parking." Councilman Moresi moved the ordinance be adopted as read. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. FILING: 24. Auditor's Report - Fiscal Year Ending June 30, 1954. 25. Annual Audit - City of Alameda, Fiscal Year Ending. June Suman & Hackleman. 26. Specifications - No. PW 9-54-21 - For the Project of Health Center Building. BILLS: 1954 - Middleton, Painting the Exterior 27. An itemized List of Claims against the City of Alameda and the Department thereof, in the total amount of $17,459.22 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 Anderson moved the bills as itemized in the List of Claims filed with the City Clerk on September 21, 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 Anderson, Jones, NcCall, Moresi and President Sweeney, (5). Noes: None. Absent: None, ADJOTJR:\TMENT 28. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, October 5, 1954, at 8:00 o'clock P. M. Respectfully submitted,