1954-10-26 Regular CC Minutes115
ADJOURNED REGULAR MEETING OF THE COUNCIL 02 THE 'IT7 OF
ALAMEDA HELD TUESDAY EVENING, OCTOBER 26, 195
The meeting convened at 8:00 o'clock P. N. wl-th Vice-Mayor Anderson presiding.
The Pledge of Allegiance was lead by Councilman McCall.
ROLL CALL:
The roll was called and. Councilmen Anderson, Jones, McCall and Moresi, (4),
were noted present. Absent: President Sweeney, (1).
MINUTES:
1. The minutes of the regular meet neetine, beld October 5, 1 54 were approved as
transcribed.
OPENING OF BIDS:
2. One bid was opened and read - from Garland Chevrolet Co. - for furnishing One
New, Latest Model, Four-door Sedan to the Health Department et the price of ;1,675,
in accordance with Specifications and Provisions therefor, No. ES 10-54-15. The
bid was accompanied by a certified check in the amount of ,186.08.
3. One bid was opened and reed - from Garland Chevrolet Co. - for furnishing One
New Latest Model, One-half Ton Pick-up Truck to the Golf Department at the price
of H1,303.49 - in accordance with Specifications and. Provisions therefor, No. MS
10-54-16. The bid was accompanied by a certified check in the amount of di130.35%
4. One bid was opened and reed - from Recordak Corporation - for furnishing
EnlargeC, Cut and Trimmed Microfilm 'T/cposures, Black on Mite - in accordance with
Specifications and Provisions therefor, No. MS 10-rM-17, as follows:
8 x 10
8-;1-;-t x 11
K.,
82.40 per M
108.15 per M
The bid was accompanied by a certified check in the amount of 1131.25.
The foregoing bids were referred to the City Manager for study and recommendation.
WRITTEN COMMUNICATIONS:
From County of Alameda 199_1_ Veterans' Day Commission, expressing its apprecia-
tion for the Council's cooperation in assisting with the observance of Veterans Da,, -
and urging all members of the Council and the City Manager to join with the Commission
in celebrating this momentous occasion.
The communication was noted and ordered filed.
6. From Port of Oakland, with regard to its proposed exchange of sixty-eieht acres
of land and the City's anrarent rejection of this offer - end Informing the Council
that the Port of Oakland, on October 11, 195L, filed in the Superior Court of Alameda
County a suit to condemn the sixty-eight acres referred to.
The communication was noted and ordered filed.
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7. From Benj. A. Gamberini, 1537 Everett Street, protestin,; against the condemna-
tion of Alameda land by the Port of Oakland for its proposed expansion of the
Metropolitan Oakland International Airport, and the hazard to 25 r Farn Island
residents.
Vice-T:nyor Anderson stated nr. Dambarini slould be advised th,'t protection of people
in this respect is under the jurisdiction of the Civil Aeronautics Administration
and the City Attorney should inform him of the situation.
u. From Plamedo Chamber of Commerce, endorsing the City's protest again,1L the
locatleim of the proposed expansion of the Metropolitan Oakland International Airport
by the Pol't of Oakland.
vice-Mayor Anderson stated thet, if agreeable, he would request the City- Clerk to
write to Lho Chamber expressing the Council's appreciation of this support.
9 From the Naval Air Station, ex-laInLng the steps Lekeh and the efforts made
to reduce the "noise nuisance" and. "low-flying" problem involved in its operations.
Councilman Moresi stated she felt the Station Commander is Go in everythinn possible
to eliminate the noise.
Vice-Mayor Anderson remarked that a letter should, be written, over the Mayor's sig-
nature, thanking Captain French, Commander of the Naval Air Station, for this
information and for his efforts in rectifying this condition.
10, From Mr, Frisco Sartor, 10 Fountain Street, addressed to the City Manager,
anplying for a revocahle permit to allow him to leave his recently constructed
fence in its present location, which encroaches onto City property. The letter
was accompanied by a plot plan of his lot showing the location of the fence in
question and he explained thet he had removed s lale-e hedge bordering his rear
yard and replaced it with a redwood Pence, inadvertently locating it only 10 feet,
5 inches from the outer e dge of the curb, instead of the required 12 feet.
Councilman Moresi moved that a revocable permit be granted to Mr. Sartor to allow
his fence to remain in its present location. The motion was seconded by Council-
man Jones and on roll call carried by the following vote. Ayes: Councilmen Jones,
McCall, Moresi and Vice-Mayor Anderson, (). Noes: None. Absent: President
Sweeney, (1).
11. From Whitney Hanson, Attorneys et Law, enclosing a cony of a letter written
to George Doran, Chief of Police, expressing their thanks to him, Inspector Joe
Bertrand and Officer Tiny Hansen, for the excellent job done in recovering a wire
recorder which had been stolen from their offices.
Vice-Mayor Anderson stated the Council is certainly appreciative of the efforts
made by these officers and it was felt thet the City Manager should be instructed
to inform the members of the Police Department that the Council recognizes the
fine work nerformed in this case. The City Clerk was requested to acknowledge
Mr. 'Thitney/s letter.
1 . From the American Municipal Associetion, addressed to the City Clerlc, with
regard to its Congress, to be held in Philadelnhie, Pennsylvania, from November 28,
to December 1, 198flL - and urging the City to send representatives.
The communication was noted and the matter was :referred to "Resolutions".
13. From Mastick School Parent-Teachers Association, submitting a petition to
the Council to investigate the sale and distribution of "comic" books within the
City and suggesting that it take action to prohibit or regulate the sale and
distribution of those comic books which are detrimental to the welfare of children.,
The petition was signed by twenty-seven members.
At this coint, t'Tentv-five more petitions were filed with the City Clerk, signed
by members of all Parent-Teachers Associations, several Church groups and the
Naval Youth Fellowship of Naval Pir Station.
Councilman Moresi stated that all agree this is a matter about which something
should be done and she would move that these petitions be referred to the Social
Service Board with information to the effect that the Council would like it to
work very closely with the City Attorney to ascertain what steps can be taken to
see thnt these certain comic books are not distributed in Alameda. The motion
was seconded by Councilman 1:cCall and unanimously carried.
Mrs. Piziali, President of the Alameda Council of Parent--Teachers Associations,
offered the help of all those groups who had submitted these petitions to follow
through on this matter.
Mr. Holbrook, attached to the Chanlainrs Office of thc Naval Air Station, thanked
all the Church organizations and Parent-Teachers Associations for their coopera-
tion in putting this matter before the Council. He also expressed appreciation
to the Times-Star for its publicity in this respect and to the City Council for
taking this action.
Unon request, City Attorney Clerk stated he had undertaken a very thorough study
of the situation insofar as other cities are concerned. He said a number of cities
in the State of California have ndonted ordinances affecting this matter - Sacra-
mento, City and County of Los Angeles and El Cerrito, etcetera. He stated he had
recently talked with the City Attorney of Sacramento on this subject, to ascertain
just what its experience had been in the matter of enforcing its ordinance. He
learned th.t, while that C ity has such an ordinance, it has not made any particular
attempt to make any arrests in view of a recent ruling of the United States Supreme
Court that such an ordinance violates the fourteenth amendment in the denial of due
nrocess and equal protection of the laws.
He pointed out that Sacramento has endeavored to solicit the cooneration of distri-
butors and vendors to get them to take this type of book off their rrcks.
Councilman Moresi stated that with the Social Service Board handling the situation -
and through the support of these several croups and the City - she felt that most
dealers would be willing to cooperate and eliminate this type of book.
ORAL COMMUNICATIONS:
14. Mrs. Piziali asked that her workers be kept informed es to whet action the
Social Service Board takes in the matter of these comic books.
15. Mr. Frank Gottstein asked why there were no parking meters in the last three
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blocks of Webster Stret, toward the segregation. line. He also protested against
automobile repairs being made ,on the streets and the many old cars left parked
along the streets for months at a time.
Nr. Froerer explained that an investigation is being made at the present time con-
cerning the parking situ'tion in thene last three blocks on 'febster Street - he
also pointed out th b, during the past thirty or ford,v cays, some sixty such
derelict automobiles have been removed from the streets.
REPORTS OF C01,==ES:
16, From the City Mana7er, requestin^ that Mr. Gene Saalwaechter, Director of
Recreation and Physical Education, be permitted to attend the California Recrea-
tion Commission's In-Service Training Institute on Administration of Recreation
and Park Services - to be held at Stanford University from November 28, to Decem-
ber )■., 195'L - and 339.15 be appropriated es the City's share of his expenses. It
was pointed out that s'Lnce Mr. Snalwaechter is employed by both the City and the
Alameda Unified School District, the latter will pay a similar amount toward the
total expense, of 878.30.
Councilman McCall moved the City Manager's request be granted and Mr. Saalwaechter
be permitted to attend the specified Institute for the Period designated and 839,I 5
be appropriated to defray half his e:.menses. The motion was seconded by Councilman
Moresi an on roll callcarried by the followino vote. Ayes: Councili-en Jones,
McCnll, Moresi and Vice-Favor Andersod, M. Noes : None. Absent: President
Sweeney, (1).
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17. From the Board of Education, inviting the Council to attend an insp-ectior of
the new facilities at Encinel High School on Friday evenLn-, October 29, from
7:00 to 9:00 o'clock.
The City Clerk was instructed. to acknowlede with thanks the invitati 1 of the
Board to attend this affair.
Co'Incilnan Moresi announced that open house is being held and everyone is invited.
1. From the Social Service Board, urging the Council to give first considerotion
to the construction of the Clubhouse at Lincoln Park because of the greet nee for
a recreation buildine' es a meeting place for many groups.
The communic tion was noted end ordered filed.
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19. From the City Manager, recommending contract be awarded to M. iilicms & Sons,
Inc. for the project of the Exterior Painting and Decorating of the Henith Center
Buildins in the sum of
Councilman. Moresi moved ;he City Manager's recommendation be adopted; that
M. williams (z Sons, Inc. be awarded the contract for this project at the bie price
(-mated, the bid bonds or checks be returned to the unsuccessful bidders. The
motion was seconded bv Councilman McCall and on roll call carried by the following
vote. i,ycs: Councilmen Jones, McCall, Moresi end Vice-Mayor Anderson, W.
Noes: None. Absent: President Sweeney, (1).
. From the City Manager, submitting the recommendation of Mr. Andrew T. "lass,
Architect, that John H. Tiaestad, 1237 Hawthorne Street, be awarded contracts for
the construction of a Clubhouse at Lincoln Park and Rest Rooms and Stornge
in- at Krusi Park at the total cost of approximately i63000 .
Councilman Jones stated the proposals as submitted ere considerably higher than
the Council had contemplated in the budget and it is the intention of the Council
to give consideration to the early comnetion of both projects, but in order not
to hold up both at this time, he would move that a contract be awarded to Mr. Buestad
for the project of constructing the Lincoln Park Clubhouse and the bids on the Krusi
Park Rest Rooms and Storage Building be rejected and the bonds or checks be re-
turned to the bidders - also, that the matter of the Krusi Park huitdillF be
referred to the Committee of the "hole for further study and consideratin. The
motion was seconded by Councilman Moresi and on roll call carried by the following
vote. Ayes: Councilmen Jones, McCall, Moresi and Vice-Yeyer Anderson (9). Noes:
None. Absent: President Sweeney, (1).
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21. From iiiiam T . Powell, Alameda Parade Chairman, Plameda County Veterans'
Day Commission, extendin7 an invitat'on to the Council and the City Manrger, to
represent the City in the Parade to be held in Oakland, Thursday, November 11, at
1:30 P. M.
Vice-Mayor Anderson referred this matter to the Committee of the Whole in order to
o07_1 the Council and make arrangements for the occasion.
22. From the Recreation Commission, pointing out that, with the sale of the City
Nursery property, two public tennis courts now located thereon will be lost to use
and there will then be only one tennis court for public use east of Pars Street.
It was recommended that the tennis courts as shown in the Master Plan of Krusi
Park be developed as soon as possible to replace these.
Mr. Frank Turner, Secretary of the Alameda Tennis Club, concurred that this letter
has presented . the facts. Ile s ale 'ne understood that with the sale of the Nursery
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property the City will receive 60,000. or more, and he felt a portion of this
amount should be used to replace the tennis courts. He pointed out there is
only one court in Lincoln Park and it is in very poor condition.
Councilman Jones stated the Council will certainly give due consideration to
the rep1acin7 of the tennis courts as soon as possible. He mentioned that the
sale of the City Nursery property will probably not take place until after the
first of next year and this matter will be considered at the proper time.
Nr. Turner questioned the delay in the time of sale and upon request, Mr. Froerer
explained that the property can be sold only upon the enactment of an ordinance
so to do. He stated there are a number of matters to be cleared up in this res-
pect and certain preliminary steps have already been taken. He believed it would
be about the first of next year before everything is in order to proceed.
23.. From Chief George R. Doran, submitting a report on the Alameda. Police Boys'
Baseball League for 1954. Credit was given to the Police Officers who had vol-
unteered their own time to manage these teams and to the several merchants who
had sponsored. them. The Alameda Chamber of Commerce had donated the team trophy
and the small gold baseballs which were presented. The Coca-Cola Bottling Company
had furnished the soft drinks, Hansen Ice Company of Alameda, the ice, and. Golden
State Company of Oakland, the ice cream, for the banquet given the boys. Chief
Doran pointed out this baseball leagne teaches the boys snood sportsmanship and
keeps them fror . engagi in. activities whj ch. might be detrimental to their well-
being.
The City Manager emphasized that this activity of the Police Officers is a very
laudable one - it is handled strictly on their own time - and they give a great
dealtf it. He said the main. object is to interest these boys in worthwhile things
and have them become friendly with the Police Officers so they will come to look
upon them as friends. He said he could not speak too highly of the Police Officers
and the Sponsors who work with these boys.
Vice-Mayor Anderson stated he understood letters of thanks had already gone out
to the Officers and Sponsors for their participation in this League.
24. From the City Manager, requesting that Mr. Weil Clark, Administrative Assist-
ant, be permitted to attend the Conference of The Neighborhood Rehabilitation
institute, which is co-sponsored by the National Association of Home Builders
and the School of Business Administration, to be held at the Hotel Claremont,
Berkeley, November 2 and 3, 1954 - and 3O. be appropriated for this purpose.
Councilman Moresi moved the City Manager's request be granted.; that Mr. Neil
Clark be permitted. to attend the specified. Conference for the period indicated
and 130 be appropriated to defray his expenses. he motion was seconded by
Councilman McCall and on roll call carried by the following-vote. Ayes: Coun-
cilmen Jones, McCall, Moresi and Vice-Mayor Anderson, (4). Noes: None, Absent:
President Sweeney, (1).
INTRODUCTIO- OF ORDINA:TnS:
25. Councilman Jones introduced the following ordinance, after which it was laid
over under provision of law and the Charter:
Ordinance No.
New Series
An Ordinance Amending Ordinance No. 642,
New Series, by Amending Section 7 Thereof,
Relating to Civil Service."
Councilman Jones stated the purpose of this amendment is to correctly reflect in
a City Ordinance the manner in which. the Civil Service Board conducts its work.
He thereupon moved that Mr. Rout, Executive Secretary of the Civil Service Board,
give full information of the proposed change to all employees of the City and
offer them the opportunity to appear at the next meetine . of the Council to hear
the facts pertaining to this matter. The motion was seconded by Councilman
McCall and unanimously carried.
Vice-Mayor Anderson pointed out the employees should be given notice that this
,
ordinance was introduced tonight.
UNFINISHED BUSI7SSS:
26. The matter was called up concerning the draina-e situation affecting pro-
perties along certain portions of Peach and. Post Streets.
Mr. Froerer explained that the Engineering Department has Prepared three alter-
nate plans for the disposal of storm waters at the rear of these properties and
outlined them. He pointed out the City Engineer mn7 have contacted the Property
owners in the area to find out whether or not they would be willing to give certain
easements to enable such drains to be installed.
119
Upon request, the City Attorney stated that, in conjunction with the City EnFineer,
he had undertaken a very thorough investigation of every phase of this situation to
determine what liability, if any, the City might have He said he finds, from . all
the informntion developed and the facts ascertained, that the City has, in no .way,
caused. this situation - nor has it a7gravated it and he felt the result is that
this is entirely a controversy between the property owners on Post Street and. those
-on Poach Street. He said there has been some mention made of the City takinp7 care
of the matter by building a drainage line. He pointed out, however, the first ob-
stacle the City would encounter would be the prohibition, under the State Constitution,
of the expenditure of City funds for private purposes. He stated. there is this fact,
however, - when the drainage line is constructed and it reaches the street area, then
the City could properly take over from that point. He emphasized that, until the
drainage system is completed over privately owned property and reaches the street
area, the City cannot enter into the matter at all.
Mr. Froerer stated he would. like very much to cosmlcte his survey and. o'et an estimate
of costs concerning this situation before any further decisions are made.
Councilman Jones suggested the matter ho continued to "Unfinished Business at the
next meetimz„.
Vice-Mayor Anderson stated that if the Council, or any member, as an individual,
would become s party to spending public funds to correct this condition - when the
warrant reached the Auditor, he would refer it to the City Attorney - and if it were
held that it was not a legal expenditure of City money, then these members would have
the responsibility of reimbursing the City Treasury for the amount expended. He
pointed out the people in the area affected. could have a. conference with the City
Manager and the Council could arrange a separate meeting with them to discuss reme-
dies for the condition. He said the Council wants to work this matter out mutually
satisfactorily.
27. : The matter was presented concerning the request made by Mrs. C. Henriette at
the meeting of September 21, to change the name of "Water" Street. She submitted
the name of "Waterton" Street.
The matter was referred. to "Resolutions' .
RESOLUTIONS:
28. The following resolution was introduced by Councilman Jone s, who moved its
adoption:
"Resolution No. 5000
the Recordation Thereof."
Accepting Grant of Easement from Alameda Belt
Line, a California Corporation, in Certain Real
Property for Sewer Purposes, and Consenting to
The motion to adopt said resolution was seconded hy Councilman Moresi and on roll
call carried by the following, vote. Ayes: Councilmen Jones, McCall, Yorosi and
Vice-ri.ayor Anderson, (I!). Noes: None. Absent: President Sweeney, (1). There-
upon the Vice-Mayor declared said resolution duly adopted end passed.
29. The following resolution was introduced by Councilman McCall, who moved its
aooptich:
"Resolution No. 5001
Approving Division of San Francisco Say Toll
Crossings Plan of Acquisition of Right of 'Tay
for Southern Crossing and Setting ['side and
Reservine; Certain Desi7natod LarCIS Under the
Jurisdiction of the City of Alameda for Future
Acquisition by the State of C9lifornia for
State Highway Purposes. (Drawing P-2n12-39)"
The motion to adopt said resolution was seconded by Councilman -..qoresi and on roll
call carried by the followin- 701-,e. Ayes: Councilmen Jonns, McCall, rnresi and
Vice-Nayor :'ndorson, Noes: None. Absent: President S-Tecncy, (1) . There-
upon the Vice-ayor declared said resolution duly adopted and passed.
'10. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 5002
Chan7in7 the Name of Water Street to 'Waterton
Street'."
The motion to adopt said resolution WPS seconded by Councilmnn McCall end on roll
call carried by the followin- vote. Ayes: Councilmen Jones, FcCell, Morosi and
Vice-Yayor Anderson, W. Noes: None, Absent: Presidenl, S-Tecney, (1). There-
upon the Vice-Mayor declare(' said resolution duly Adopted and passed.
31. The following resolution was introduced by Councilman Mores', who moved its
adoption:
resolution No. 5003
Authorizing Attendance of Councilmen at Conference
of American Municipal Association, Philadelpnia,
Pennsylvania, November 28, to December 1, 1954, and
Appropriatin7 1,200. to Defray the Expense Incident
to Such Attendance.
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-!'layor Anderson, (h). Noes: None. Absent: President Sweeney, (1). There-
upon the Vice-Mayor declared said resolution dul-T a/opted and passed.
ap, 1..).==6 FOR PASSAGE:
32. "Ordinance No. 1137,
New Series
An Ordinance Renealing Article 1, Chapter 3,
Title II, Comprised of Sections 2-371 and 2-372,
of the Alameda Municipal Code, Relating, to
Municipal Golf Commission."
Councilman McCall moved the ordinance be adopted as read. The notion was seconded
by Councilman Moresi and on roll call c arried by the followin- vote. Ayes:
Councilmen Jones, McCall, Moresi and Vice-Mayor Anderson, (L). Noes: None.
Absent: President Sweeney, (1).
33. "Ordinance No. 1138,
New Series
An Ordinance Creating an Advisory Golf Commission,
Providing, for A000intrnent of the -Members Thereof,
and Prescribinc- the Powers ,71-1d Duties of Said
Commission."
Councilman Moresi moved the ordinance be adopted as read. The motion was seconded
by Councilman T'cCall and on roll call carried by the following vote. Ayes:
Councilmen Jones, McCall, Moresi and Vice-T:ayor Anderson, (1,). Noes: None.
Absent: President Sweeney, (1).
34. Auditor's Financial Report - City of Alameda as of September 30, 195 . -
verified by Middleton, Suman & Nackleman.
35. An itemized List of Claims against the City of Alameda and the Department
thereof, in the total amount of 030,818.10 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 McCall moved the bills as itemized in the List of Claims filed with the
City Clerk on October 26, 1954, and submitted to the Council at this time, be
allowed and paid. The motion was seconded by Councilman Noresi and on roll call
carried by the followin7, vote. Ayes: Councilmen Jones, McCall, Moresi and Vice-
Yayor Anderson, (M. Noes: Acme. Absent: President Sweeney, (1).
36. At this point City Manager Froerer announced that the Council has called a
public meeting, to be held in the Council Chamber at 7:30 o'clock, Wednesday
evening, October 27 - at which time Dr. Maurice A. Garbell will present his
suggested plan for the expansion of the Metropolitan Oakland International Airport.
Mr. Froerer stated that Dr. Carbell's plan is such that confiscation of Alameda
property would not be necessary and the Oakland Airport would still have the finest
airport that could be devised.
ADJOURNMENT:
37. At this time, Vice-Mayor Anderson called attention to the fact that, due
to the General Election follinn on the day of the next regularly scheduled
Council meeting,, the Council will holC its meeting on 'Iednesday, November 3,
195A.
30. There bein- no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Wednesday evening, November 3,
1954, at 6:00 o'clock.
Respectfully submitte