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1959-01-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING JANUARY 20 1959 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by The Reverend Mr. Robert A. Peters, Pastor, First Assembly of God. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held January 6, 1959, were approved as transcribed. WRITTEN COMMUNICATIONS 2 From Boy Scouts of America, signed by Mr. C. D. Ramsden, President, requesting that February 3, 1959, be designated as "Scout Day in Government" and those partici- pating be honored at the Council meeting to be held that night. President McCall stated this has been an annualevent and, if there were no objec- tions, February 3 will be set as Scout Day in Government. It was so ordered. 3 From the following property owners on Roosevelt Drive, calling attention to the need for a turning space at the westerly end of said Drive: James H. Tennant, Charles A. Allman, Walter L. Harcourt, Searles Peterson, Joseph R. Onuschak, Jr. and W. M. Jackson, Jr. There being no objections, the matter was referred to the City Engineer for review and report. 4. From Waterside Terrace- Thompson Avenue Homeowners Association, signed by Mr. Harry L. Hofmann, President, in protest against the proposed amendment of the Ala- meda Municipal Code (Zoning Ordinance section) relative to "Home Occupations ". The communication was referred to the subject listed under "Hearings ", scheduled for later in the meeting, at which time the opponents would have an opportunity to speak. 5. From Dickey and Dickey, Attorneys for Alameda City Garbage Association, request- ing the Modification of Contract between the City and the Association be extended for a period of six months, or to July 29, 1959. Councilman Freeman moved the request be granted and the Contract Modification be extended to July 29, 1959. The motion was seconded by Councilman Collischonn who, speaking on the question, mentioned the City of Oakland contemplates raising the rates for use of its Municipal Dump and he believes it is incumbent upon the Council to keep the rates for use of Alameda's Dump equal. It was determined this matter would be investigated. The question was then put and the motion carried on the following rolLcall vote. Ayes: Five. Noes: None. Absent: None. 6'1. From Whitney & Hanson, Attorneys for the Triangle Club, dated January 16, 1959, submitting a resolution calling for submission to the voters of an ordinance entitled, "An Ordinance Establishing a Salary System for Officers and Members of the Police and Fire Departments of the City of Alameda ". Also from Whitney & Hanson, dated January 19, 1959, concerning the foregoing subject, withdrawing the request of the Triangle Club. President McCall commented the Council is very happy the latter decision was reached after - reconsideration of the matter by the Executive Committee of the Triangle Club. ORAL COMMUNICATIONS: 7. Mr. G. N. Pope, 1820 Bay Street, addressed the Council with reference to the pro- posed Charter amendment, as listed under "Resolutions ", concerning the change of status of the offices of Auditor and Treasurer from elective to appointive officials. He expressed his opposition to the change and stated these two officials should con- tinue to be elected. Mr. Pope also referred to tonight's newspaper article wherein it was stated the City contemplates asking for funds to dredge San Leandro Channel - and he did not believe the City should request any Federal funds. 1 8. Mr. Frank Gottstein, 731 Haight Avenue, spoke of conditions in Posey Tube - sug- gesting that a container of gasoline should be kept in the officer's station in the Tube for emergency use to alleviate congestion when someone runs out of gasoline. 9. Mr. Claire Briggs, 2913 Marina Drive, speaking as a yachtsman and a member of Aeolian and Encinal Yacht Clubs, stated these organizations are definitely in favor of the development of San Leandro Bay to bring about more boating recreation facili- ties which could mean additional revenue to the City. He said it has come to their attention that a request has been made, subject to approval of the Council, for a $10,000. planning loan from the Small Craft Harbors Division for Alameda, and the Yacht Clubs strongly advocate adoption of a resolution to accept said funds. It is hoped complete and. planning will bring about better recreational waterways. for the benefit of all. He stated he would submit a letter for the Council's con- sideration at the next meeting. HEARINGS: 10. Continued from the last meeting was the matter of the reclassification of the:: " Shumaker" property on the east side of Willow Street, south of Clinton Avenue. The Clerk stated a letter had been received from Dr. Shumaker, requesting a further-con- tinuance of the Hearing. It was ascertained there were no protests against said continuation and Councilman Schacht thereupon moved the Hearing be continued to the next regular meeting of the Council. The motion was seconded by Councilman Collischonn and unanimously carried. 11. The matter was called up with regard to the proposed amendment of the Alameda,. Municipal Code (Zoning Ordinance section) relating to "Home Occupations ". The Clerk stated there is on file the Affidavit of Publication of the Notice of Hear- ing, a resume of the Planning Board's consideration of the matter at its meeting of December 29, 1958, and its recommendation to the Council. Also, there is the com- munication of protest from the Waterside Terrace- Thompson Avenue Homeowners Asso- ciation. Mr. Annibale stated the Zoning Ordinance now provides that Home Occupations are allow- able according to a list of Home Occupations approved by the Planning Board, and in accordance with certain standards presently set up in Section 11 -1222 of said ordi- nance. The amendment contemplated adds to the standards established but, at the same time, places the allowance of a Home Occupation within the jurisdiction of the Planning Department, i. e., the Planning Director. Mr. Schoenfeld explained that, as a number of these cases kept coming up, the ques- tion constantly arose about whether it was in the best interests of the community, to adopt the "List of Approved Home Occupations" as provided for in the Zoning Ordi- nance. It appeared to have been desirable at the time the ordinance was initially drafted to create such a "List" - but it soon became apparent to the Planning staff and Planning Board, as they considered these cases, that this List might be thought to be complete when adopted but as new types of Home Occupations came before them for consideration, it would require going through the Use Permit procedure. It was the consensus of the Board that such procedure would be lengthy and time - consuming - time which the Board felt would be better devoted to genuine planning matters rather than detailed zoning administration. Mr. Schoenfeld stated the Board asked the staff to investigate the practices of other communities in the vicinity in this respect. The prevailing method in the cities nearby is for these cases to be handled on an administrative basis, with the adminis- trator being guided by certain criteria. These criteria are already set up in the Zoning Ordinance under Section 11 -1222 and the proposed amendment adds to them. In response to Councilman Schacht's question, Mr. Schoenfeld replied there is no "List of Approved Home Occupations" - explaining that it was incumbent upon the Board to draft such a list but when the Board started setting up this list it found it , difficult to conceive of all the different types of Home Occupations which might come up. Therefore, it occurred to the Board it might be a useless exercise to attempt to compile such a list, because each new type would have to be considered at a public hearing, once the list was adopted. Upon request, Mr. Annibale read Sec. 11 -1222 of the Zoning Ordinance as proposed to be amended, pointing up the differences from the existing section. He also stated other amendments set out the fact that this is to be administered by the Planning. Director and deletes the requirement for a "List of Approved Home Occupations ". Considerable discussion ensued concerning the addition of an "exception" to item (c) which would allow a licensed doctor, dentist, osteopath or chiropractor to employ one non - resident assistant - it being felt this would be discriminatory. It was developed that both the Council and the Planning Director would be clearly restricted to adherence to the standards set forth in this section in any consideration of a request for permission to conduct a Home Occupation. Councilman Schacht said he believes some attempt should be made to compile a "List of Approved Home Occupations ", making it clear in the ordinance that it is not all, inclusive. He also mentioned he did not feel the authority for granting or denying requests for Home Occupations should be conferred upon one person. He stated he felt Home Occupations should be discouraged in strictly residential areas. There was some discussion about a petitioner's right of appeal. Mr. Harry L. Hofmann, 3270 Fairview Avenue, President of the Waterside Terrace- Thompson Avenue Homeowners Association, addressed the Council - stating the Council had already brought up several of the points he had wanted to question. He said the Association has taken exception to the amendment of item (c) of Sec. 11 -1222, as being discrimina- tory. He said there are so few Home Occupations in an R -1 or R -2 District that there should be no specified rules to follow but any request for such occupation should be considered on the merits of the individual case. He pointed out his organization is opposed to Home Occupations in any residential district because they are contradictory to the spirit and intent of the Master Plan of the City. He stated anyone who has a business, regardless of how small, should conduct said business in the proper district of the City. Mr. Hofmann also felt it is not proper for one person, no matter how capable he might be, to have authority to grant or deny permission for a Home Occupation. Mrs. Lydia Christie, 1417 Bay Street, stated she is a dressmaker and inquired if there is a certain district which takes care of a strictly dressmaking business. It was pointed out that any commercial district would embrace this type of business. Mr. Robert Vonhof, 1708 High Street, stated he is a "small- business" man licensed in Oakland at his place of employment and wanted to go on record that it is his belief the City of Alameda, with the current zoning laws, is discouraging business. There are many Home Occupations of a nature, in his opinion, which would not depreciate property values and could be operated very quietly in a home. These would benefit the City by some additional revenue from the sales tax and business license fees. He cited his personal experience when he tried to procure a business license for conduct- ing a small mail order business from his home. He said he felt he is speaking on behalf of many people who are trying to get established in business - many of whom must start on a smalls tale and must, therefore, start in a home, because they must of necessity have low, or no, overhead expenses. Mr. Vonhof stated he believes the City, by encouraging this type of business, with proper regulations, would benefit through certain revenues and many of the businesses would grow to the proportion where they could occupy space in the commercial zones and additional revenue would be gained from that standpoint. He urged the Council to give consideration to these aspects and to go ahead with the proposal presented, possibly with modifications - to not only allow some Home Occupations but to definitely encourage small businesses rather than to discourage them. Further discussion was had covering other ramifications of the situation. Mr. Schoenfeld reviewed the procedure under the former Zoning Ordinance, pointing up the time - consuming method. The Board felt and still feels it should be addressing its attention to less zoning administration and more planning for the future, orderly growth of the City. Therefore, it is trying to divest itself of the procedures which can, in its opinion, be taken care of satisfactorily in some other manner. Mr. Schoenfeld stated this is the trend throughout the country today - to either give such powers to a zoning administration office, with appeal through a special Appeals Board or to have the matters handled administratively - thus allowing the Planning Board to spend more of its time with purely planning matters. The question of an Appeals Board was then given consideration and Mr. Schoenfeld was asked to procure information concerning such a Board. The Hearing was then declared closed and it was determined that the matter would be referred to the Committee of the Whole for further study and deliberation. It was so ordered. 12. At this point, President McCall introduced the following: Mr. Eugene Sirois, newly- elected President of the Alameda Junior Chamber of Commerce; Mr. "Kit" Freeman, son of Councilman Freeman; and Mr. Thomas M. Lane, retired Chief of Alameda Fire Department - all of whom were welcomed to the meeting. REPORTS OF OFFICERS, BOARDS, ETCETERA: 13:/ From the City Manager, concerning final plans for the Grand Street Fishing Access and requesting authorization to take the necessary steps, as outlined, to permit com- pletion of the project. Councilman Schacht moved the City Manager be authorized to proceed with the necessary action to permit completion of this facility. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 14. From the Library Board, signed by Mr. Walter A. Sharafanowich, Secretary, sub- mitting its Resolution No. 49, designating the salaries of the Library personnel. The matter was referred to "Resolutions ". 15. From the City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending denial of the petition, as amended, filed by Frances Grey and Ethel E. Schmidt, to reclassify their property from the "R -2" and "R -3PD" Districts to the "R -5" (General Apartment) District. The property is known as 544, 550, 554 and 560 Central Avenue. Councilman Collischonn moved a Public Hearing on the matter be set for the next regu- lar meeting of the Council to be held February 3, 1959. The motion was seconded by Councilman Freeman and unanimously carried. 16. From the City Planning Board, signed by Mr. Schoenfeld, Secretary, concerning its review of the request to close San Antonio Avenue, between Chestnut and Lafayette Streets - and informing the Council its recommendation will be made after advice from the City Attorney on certain legal questions. It was ascertained the subject will be given further consideration by the Planning Board at its next meeting. 17. From the City Attorney, with regard to a compromise of the City's claim for damages against Messrs. Henry Ratto and Dino Galli in which case a City vehicle was involved in an intersection collision. Permission was requested to ccept the offer of a compromise on a fifty per cent basis. Councilman Schacht moved the City Attorney's request be granted and he be authorized to compromise the claim accordingly. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. From the City Manager, submitting for ratification a five -year program for Golf Course Improvements, prepared by the Advisory Golf Commission - and indicating the financial setup to carry out the program. Councilman Freeman moved the Council adopt the five -year program for Golf Course Improvements. The motion was seconded by Councilman Collischonn, who stated it should be thoroughly understood that any monies advanced from the City's Capital Out- lays Fund will be returned during the 1959 -60 fiscal year. The motion then carried by the following vote. Ayes: Five. Noes: None. Absent: None. 19. From the City Manager, recommending authorization be given to start the procedure to establish a Special Assessment District to provide permanent paving on Washington Street, between High and Peach Streets, and that the City Attorney be authorized to employ special counsel. Councilman Collischonn moved said authorization be granted to establish a Special Assessment District for the specified street improvement. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 2( . From the City Manager, recommending contract be awarded to Lee Adams Pontiac, Inc., to furnish one new Pontiac Sedan for the Fire Chief at the price of $2,620.80, representing the best bid. Councilman Collischonn moved the recommendation be adopted; that contract be awarded to Lee Adams for furnishing said automobile at the price quoted and the bid checks or bonds.be returned to the unsuccessful bidders. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 21. From the Mayor, nominating Mr. Richard S. Diament for reappointment as a member of the Pension Board for the term expiring December 31, 1961. The matter was referred to "Resolutions ". 22. From the Civil Service Board, signed by Mr. Thomas L. Ferro, President, with regard to a review of salaries in the spring, at which time careful consideration will be given to all factors relating to adjustments for City employees. The communication was noted and referred to the file on the subject. Reference was made to a memorandum to the Council from the City Manager, dated Janu- ary 16, and Mr. Weller stated Mr. Routt, Personnel Director, and he had reviewed the salaries and it was felt, with respect to the bulk of the employees, it would n of be logical to make any changes because to do so would result in a complete change in the approach to the salary program. However, largely because of the character of the request for additional information from the Council, they then surveyed the salaries recommended for Department Heads and Assistant Department Heads. The general summary is attached as a part of the report from Mr. Routt to the Civil Service Board. As a result of that information, it was their opinion there should be an administrative recommendation for two additional increases - one in the amount of two and one -half per cent for the office of Assistant City Manager and one in the amount of five per cent for the office of Director of Recreation - and he so recommends. It was determined a resolution setting up these increases would be prepared for presentation to the Council at its meeting of February 3, and Mr. Annibale was so- instructed. 2 . From the Recreation Commission, signed by Mr. Terry LaCroix, Chairman, with regard to the proposal of Mr. Frank Weeden, 1236 St. Charles Street, to form a non- profit corporation in order to build, free of City expense, a swimming pool in Lincoln Park - and outlining the terms of a proposed lease and the amortization plan for the construction. It was stated the Commission approves the project in principle and recommends the City Manager be authorized to negotiate a lease agreement with Mr. Weeden to this effect and also, that the proposed program of Mr. Weeden include some time for recreational swimming open to the general public on a non - restricted, basis with the exception of nominal admission charges. In connection with this communication, the Clerk read a letter from Mr. Gene Saalwaechter, Secretary of the Recreation Commission, in clarification of the vote of the Commission - it being stated Mr. George Rose, member of the Commission, had voted against the recommendation being made because he is opposed to the leasing of public park facilities for private use. Therefore, the Commission approves the pro- ject by a four -to -one vote. Councilman Freeman moved the matter be referred to the City Attorney for a full report on the subject. The motion was seconded by Councilman Petersen. Speaking on the question, inquiry was made about whether or not the report would be ready for some action at the next meeting of the Council. Mr. Annibale replied this would depend upon the availability of Mr. Weeden for a conference after a study of the legal aspects of the situation. Mr. Weller explained there had been several conferences with Mr. Weeden but it would certainly be necessary to have some further discussions as it would be necessary to set up the entire proposition in writing so that both parties would know just exactly what is intended. Councilman Schacht urged that an attempt be made to resolve the matter so it can be submitted at the next meeting of the Council. Mr. Annibale pointed out the leasing of City property requires authorization by an ordinance, but if it develops the matter is of a lesser nature, it can be authorized by a resolution. 24. From the Recreation Commission, signed by Mr. Terry LaCroix, Chairman, registering its concern with recent "statements" published in the newspapers that if the City of Alameda acquires the United States Maritime Station for recreation purposes the exist- ing Washington Park should be sold in addition to i'ts fill area. It was stated the Commission desires to go on record at this early date as opposing the sale of exist- ing Washington Park under such conditions. President McCall said there has been much hearsay about this area and he felt the Com- mission is taking this action as a protective measure. He stated the City Council, at this time, has no intention of taking a quick step - and there would be much con- sultation before it ever entered into this type of project. He cited the conferences held recently between the City Manager, members of the State Division of Beaches and Parks, Small Craft Harbor Commission and others in connection with the possibility . that the City may be able to have the Park Commission invest the one million dollars in this area which has been appropriated. Councilman Freeman suggested that since the City Manager is cognizant of all plans of the City Council, the Recreation Commission should consult him to ascertain the true status of any particular situation about which it has heard "stories" before it sub- mits its objections. She felt a letter to this effect should be written to the Commission. President McCall mentioned that the Recreation Commission is one of the groups the Council has not yet had an opportunity to meet with to discuss matters of mutual con- cern and felt this would be an item to bring up when such a meeting can be arranged. With regard to the possible sale of existing Washington Park property, Councilman Petersen emphasized the Council had discussed this point some time ago and he felt there was no one in favor of such action. It was agreed the Council would plan to meet with the Recreation Commission on a date to be suggested by the City Manager at the Committee of the Whole meeting to be held later in the evening. Following some further discussion, it was also determined the City Clerk would write a suitable letter to the Recreation Commission, as suggested. INTRODUCTION OF ORDINANCES: 25. Councilman Collischonn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Chapter 1 of Title XI of the Alameda Municipal Code, Relating to the Definition of a !Motor Truck Terminal! and the Zoning Therefor." UNFINISHED BUSINESS: 26. Councilman Freeman referred to the "Modification of Agreement" between the City, Utah Construction Company and Reclamation District 2087 which had been sent out for execution. When it was returned it was noted certain changes had been made; there- fore, the City had not executed it. She pointed out this action was authorized by Ordinance No. 1279, New Series, and the matter is still incomplete. Mr. Weller stated it was his understanding there were to be no changes in the document insofar as the City is concerned, because the ordinance refers to one particular - agreement. In view of the fact there were some changes made in the draft which had been submitted to Utah for execution, the City then did not execute the "Modification ". If Utah refuses to execute the document in its original form, the matter would have to come before the Council again. 2.7. Councilman Freeman stated the Council had requested that plans be furnished for its information showing the route of the proposed new freeway which will run off- shore on the southerly side of Alameda, and inquired of Mr. Schoenfeld if he had procured said plans. Mr. Schoenfeld said he had copies of a report published by the State Department of Public Works which shows the generalized location of the freeway in San Francisco Bay. He said he would get more,detailed plans, perhaps, from the County Surveyor's Office. Upon request, Mr. Schoenfeld indicated on a large map the entire route of this freeway as proposed. Councilman Freeman said that before these freeways are planned for the City of Ala- meda, the Council and City officials should know about them. At this time, the City has the State Division of Beaches and Parks coming out to develop the City's beaches and if this contemplated freeway even casts a shadow on the State beach development, then now is the time for the City to request its deletion, if it has not already been done. She felt this freeway would serve no purpose except to get traffic from one point to another - and it would jeopardize the City of Alameda for the next twenty or twenty -five years in ever having a beach developed or even having a small craft harbor along the South Shore. President McCall pointed out there would have to be a Public Hearing on any such plans that affect a given community and the City would have the opportunity to oppose said projects. Councilman Freeman stated that whoever, or whatever agency, is responsible for dream- ing up these mythical ideas which are projected to 1970 should be requested to let the City know about them before consultants are hired to study the project and money is spent on them - when it is not known if such is what the City desires. She empha- sized the City has reached the point where the Maritime property is important to the City, and State Beach and Park funds are almost available and the City is just begin- ning to see these things materialize. She said that, before any such plans are foisted upon the City, a letter should be written to the proper agency requesting that it keep the City informed. Mr. Weller stated these plans are rather vague at the moment but he agreed the City should be kept advised of any such plans because even if this freeway were not started for a hundred years, still, the fact that someone is thinking about it is likely to have a rather serious effect on the City's current plans. President McCall felt it would be in order for the Council to authorize the City Manager to send a letter to the State Department of Public Works, with a copy to the State Highway Commission, stating the City would like to have a further report on this freeway proposal because of the City's contemplated development of its South Shore and its beaches, since there is the possibility of the proposed freeway jeo- pardizing that which the City has already gained. Mr. Weller said he would prefer, if agreeable to the Council, to discuss the matter first with Mr. Schoenfeld to ascertain if those agencies are the proper recipients of such a letter. There may be some other agency involved. It was determined the City Manager would write to the appropriate agency requesting information on any future plans affecting the City in any way. RESOLUTIONS: 28. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5885 Consenting to the Assignment of a Certain Lease By and Between the City of Alameda, Lessor, and W. D. McElwain, DBA Bay City Fuel Oil Company, Lessee (Real Property Located Near Northerly Terminus of Grand Street)." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 29. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5886 Appointing Member of the Pension Board." (Richard S. Diament) The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 30. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5887 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Complete 3/4 -Ton Truck, Including Utility Type Body for Surveying Work, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5888 Amending That Portion of Salary Resolution No. 5814 Relating to Positions and Salaries in the Public Library System of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Schacht and on roll c all carried by the following vote. Ayes: Five. Noes: None. Absent: None. 32. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5889 Calling General Municipal Election to be Held in the City of Alameda on Tuesday, March 10, 1959; Establishing Election Precincts; Fixing Number of Election Officers on the Board of Election for Each Precinct; Fixing Compensation of Election Officers and Designating Hours of Voting." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 33: The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5890 Resolution of the Council of the City of Alameda Proposing an Amendment to the Charter of the City of Alameda on the Motion of the City Council; Calling a Special Municipal Charter Amendment Election in the City of Alameda for the Purpose of Submitting to the Electors of Said City a Proposal to Amend the Charter of Said City, viz: By Amending Section 2 -1 and Section 2 -3 of Article II, Adding Section 3 -20 to Article III, and by Adding Section 7 -13 to Article VII, of Said Charter, All Relating to Change of Status of. the Offices of City Auditor, Ex- Officio Assessor, and City Treasurer, Ex- Officio Tax Collector, as Follows: Providing That Said Offices be Appointive by the City Manager Rather Than Elective, That the Incumbents be Retained Until the End of their Present Term of Office, That Such Offices Maybe Consolidated Thereafter by the City Manager, That the Duties of Said Officers Shall be Set Out by Ordinance or Resolution of the Council Rather Than by Charter Provision After the Third Tuesday of April, 1961; Fixing the Date of Said Election, the Manner of Holding the Same, and Providing for Notice Thereof; and Consolidating Said Special Municipal Charter Amendment Election with the General Municipal Election to be Held in Said City on March 10, 1959." The motion to adopt said resolution was seconded by Councilman Schacht. Speaking on the question, Councilman Petersen stated he would vote "Yes" to placing Charter amendments "A" and "B" on the ballot as they are issues for the people to decide, which he would not try to deter them from doing - but, in principle, he is opposed to both measures for he believes the power to elect representatives should not be taken away from the people. He said he also believes that local home rule is more desirable than centralized control. The question was then put and the motion carried by the following vote. Ayes: Five. Noes: None. Absent: None. 34. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5891 Resolution of the Council of the City of Alameda Proposing an Amendment to the Charter of the City of Alameda on the Motion of the City Council; Calling a Special Municipal Charter Amendment Election in the City of A lameda for the Purpose of Submitting to the Electors of Said City a Proposal to Amend the Charter of Said City, viz: By Adding Section 3 -21 to Article III of Said Charter, Relating to Authorizing the Council of the City of Alameda to Transfer, by Contract or Other Arrangement, to the County of Alameda, any or All of the City's Tax Assessing and Collecting Functions and Services, But Reserving, However, the Right to Reassume Such Functions and Services; Fixing the Date of Said Election,. the Manner of Holding the Same, and Providing for Notice Thereof; and Consolidating Said Special Municipal Charter Amendment Election with the General Municipal Election to be Held in Said City on March 10, 1959." The motion to adopt said resolution was seconded by Councilman Schacht. Speaking on the question, Councilman Petersen stated his aforesaid statement applies to this resolution also. The question was then put and the motion carried on the following vote. Ayes: Five. Noes: None. Absent: None. 35. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5892 Resolution of the Council of the City of Alameda Proposing an Amendment to the Charter of the City of Alameda on the Motion of the City Council; Calling a Special Municipal Charter Amendment Election in the City of Alameda for the Purpose of Submitting to the Electors of Said City a Proposal to Amend the Charter of Said City, viz: By Amending Section 17 -4 of Article XVII of Said Charter, Said Amendment to Provide That the Council of the City of Alameda Shall Adopt a Budget and Tax Rate at Any Time Prior to the Third Tuesday of September of Each Year, Rather Than After the First Day of September and Not Later Than the Third Tuesday in September of Each Year; Fixing the Date of Said Election, the Manner of Holding the Same, and Providing for Notice Thereof; and Consolidating Said Special Municipal Charter Amendment Election with the General Municipal Election to be Held in Said City on March 10, 1959." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 36. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5893 Establishing Official Grade of Island Road Between County Road and a Point 336 Feet Easterly of the Centerline of Garden Road, and Fixing Standard for Future Improvement Thereof." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 37. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5894 In Memoriam to Mr. Cyrus M. Foster "WITH HEARTFELT SORROW, the Council of the City of Alameda records the death of one of its former employees, MR. CYRUS M. FOSTER, who, at the time of his retirement, was employed as a Lineman in the Public Utilities Depart- ment. Mr. Foster had started his employment with the City in June, 1924, and had retired July 1, 1939. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of Mr. Foster's capable service, and his spirit of friendly cooperation with all of his fellow workers, the Council of the City of Alameda hereby expresses its sense of personal loss and its gratitude for the loyal and excellent service ren- dered by Mr. Foster. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and a copy thereof be forwarded to the family of Mr. Foster, that it may extend to its members a sincere expression of sympathy and condolence in their bereavement; and "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of Mr. Cyrus M. Foster." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President thereupon declared all of the foregoing resolutions duly adopted and passed. FILING :. 38. Auditor's Financial Statement - City of Alameda, as of December 31, 1958 - Verified by Hackleman & Larzelere. 39. Specifications No. MS 1 -59 -2 - for Furnishing One 3/4 -Ton Utility Truck for Engineering Department. BILLS: 40. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $48,554.95, was submitted to the Council at this meeting. Theylist was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Petersen moved the bills as itemized in the List of Claims filed with the City Clerk on January 20, 1959, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 41. There being no further business to come before the meeting, the President asked all to rise for a moment of silence, after which the Council adjourned in respect to the memory of Mr. Cyrus M. Foster - to assemble in regular session on Tuesday evening, February 3, 1959, at 7 :30 o'clock. Respectfully submitted,