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1957-07-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF :21-1,---1 CITY OF ALAMEDA HELD TUESDAv EVENING, JULY 2, 1957 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Reverend Mr. Robert P. Hakes of Calvary Baptist Church delivered a most inspiring In /ocation, which was followed by the Pledge of Allegiance lead by Councilman Freeman. ROLL CALL: The roll was called arid Councilmen Freeman, Haag, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held June 18, l97, approved as trans- cribed. \rRITTEN COMMUNICATIOqS: v''' 2. From Vice Mayor Haag, withdrawing his resignation as a member of the Alameda City Council as of June 29, 1957. Councilman Schacht stated that, upon the behest of the City Attorney he would move the Council allow the withdrawal of the resignat on of the Vice Mavor no appoint him at this time as a member of the City Council, Councilman Freeman asked Councilman Haag, if, as has been reported, he plans to stay on the Council for only two weeks, to which Councilman Haag replied, "The proper statement is that I will stay until the South Shore matter is settled." The question was put and the motion carried on the following vote. Ayes: Four. Noes: None. Not Voting : Councilman Haag, (1). Absent: None. 37. From Mrs. Helen S. Pastler, 2837 Calhoun Street, concerning the South Shore Project and urging the Councilmen to use their power to finish and bring to life this needed land. rho communication was noted and ordered filed. )1. From Mr. Manuel J. Malin, requesting an extension of time to raze the building known as 1911_ 1 Santa Clara Avenue, and expressing the hope that the work can be com- pleted within ninety days. President McColl called upon Mr. James Brummer, Chief of the Inspections Division, for a report on the situation. Mr. Brummer said the uork of demolition hoc started February P1L, and Nr. 1`,elin has been working constantly. His progress is slow but the job is being done nr,atly. In response to Councilman Schacht's question, Mr. Brummer stated Mr. Melin is doing the work himself in order to save the cost or 11 ,500. for having the house wrecked. Mr. Annibale pointed out the Conn cil has the power to set an absolute time limit and also has the power to extend it. He suggested the Council extend the time limit in this case. Councilman Freeman thereupon moved the request of Mr. Melin be ',ranted and the ninety-day exten sior of time be allowed. The motion was seconded by Councilman Petersen and unanimously carried. , 2 D. McKean-',31 Central 5: From Vee Chard, 2h61 Humboldt Avenue, Oakland, and Mr. N. tral Avenue, Alameda, requesting the Council to take steps to abandon that portion of Market Street extending 100 feet northeasterly from the northeasterly boun dory of San Jose Avenue. Upon request, Mr. Froerer stated there is just one point he would like to check before 1 any action is taken by the Council and that is to ascertain whether or not there is any lot frontage on Market Street in the section proposed to be closed. He suggested the matter be referred to the City Manager for in/estigation and report. Councilman Schacht made a motion to this effect, which was seconded by Councilman Freeman and nn animouslY carried. ORAL CO1' flvUNICATIONS: Mr. George A. Hackleman, 1630 Clinton Avenue, requested permission to speak on the matter or the proposals for auditing services during the current fiscal year which is listed as Item 3 under Reports of Committees. President McCall stated he would have the opportunity to sneak at that time. 4.1 HEARINGS: 7. Called up for Hearing was the matter of the abatement of public nuisances - dilapidated buildings (arks) known as 2L11, 2409, 2407 and 21107 Harrison Avenue. The Hearing had been continued from the meeting of D'ay 21, 1957. A stenotype operator was present to officially record the proceedings and the transcript thereof is, by reference, made a part of the minutes of this meeting. Following the Hearing on each individual ark, the matter was submitted and referred rr to "Resolutions". RT:POTTS OF COMMITTEES: 8. From the City Planning Board, recommending approval of a proposed ordinance regulating the parking of trucks and trailers in residential districts. Mr. Annibale explained that, at present, the City has an ordinance which, in effect, prohibits parking of vehicles on streets overnight. He said, however, he has been informed that such an ordinance is practically impossible to enforce because of the lack of garage facilities throughout the City. He pointed out an additional problem has arisen with regard to trucks being parked on streets in residential areas for unreasonable lengths of time. The ordinance presently recommended to the Council by the Planning Board sets up a three-hour maximum time for parking said trucks merely for loadingr, or unloading purposes or in giving service to some property. Councilman Freeman stated this, then, would be an addition to the present ordinance and the City Attorney agreed this is true. He suggested the Council direct him to prepare such ordinance if it so desires. Councilman Petersen moved the matter be referred to the City Attorney for the prep- aration of an ordinance as recommended by the Planning Board for introduction at the next regular meeting. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 9? From the City Manager, recommencing directional signs to the Park Street Busi- ness District be placed at High Street and Gibbons Drive and Lincoln and Santa Clara Avenues at Gibbons Drive - also, at the intersections of High Street with Lincoln, Santa Clara, Central and Encinal Avenues. It was stated that if signs are requested by the West End merchants, it is recommended a sign be placed at the intersection of Webster Street and Atlantic Avenue. Councilman Petersen queried as to the cost of such signs and the City Engineer replied they would be paid for by the business districts affected - there would be no cost to the City. Councilman Petersen then moved the City Maneger's recommendation be approved and the signs be posted at the designated locations. The motion was seconded by Councilman Freeman and unanimously carried. 10. From the City Manager, reporting, on the proposals submitted by three firms of Certified Public Accountants for auditing services during the fiscal year 1957-58, in the total amounts as follows: George A. Hackleman Co., T3,000.; Dalton, Graupner & Barber, Italo A. Calpestri, Jr., 32,900. Mr. Annibale stated the Council should be informed that it has the power to award this particular contract to any firm regardless of price or locale. Mr. Hackleman was called upon and remarked that he wanted to briefly review the situation. He pointed out, in concurrence with the City Attorney, that the policy of awarding a contract is not on the basis of the lowest bid. He mentioned the Certi- fied Public Accountants' Society considers it an unethical practice for anyone to actually ask for proposals other than municipalities - and even in the case of muni- cipalities, the Society frowns upon the practice and is trying to take stens to have the submission or proposals eliminated. He said his bid was made public about two weeks before the others were submitted and he felt this violates the spirit and purpose of bidding. He mentioned the City Manager's letter had stated one must have an office in the City of Alameda to become eligible to submit a bid. The beret bid is not always the lowest bid - experience must be taken into consideration, especially in connection with municipal accounting and also where "utility" accounts are being audited. He stated the Policy of changing the auditing firm from year to year is very poor. Mr. Hackleman cited the fact that when the City changed from a cash to an accrual basis accounting, his firm assisted without making an additional charge. He also pointed out the Bureau of Electricity pays half of the auditing bill and it would like to have a voice in the selection of the auditors. He stated the Housing Author- ity of the City of Alameda has its own auditors. He concluded by stating that work on the new audits will not start until approximately August and, therefore, since there is no great rush to settle the matter at this meeting, he felt it should be referred, to the Committee of the Whole for determination. Councilman Petersen stated the information that the bids had been opened and placed on the Bulletin Board had been passed on to the Council. He said that since Mr. Hackleman had submitted the high bid and it had been the first to come in, he would move all bids be rejected and the matter be referred to the Committee of the Whole. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilman Petersen suggested the Council discuss the matter following the meeting with. Kroeger & Associates which has been scheduled for July 10. Councilman Freeman stated that, in view of the fact the 8ureau pays half the auditing cost, it might be interested in participating in the decision. The Clerk explained that copies of any corresponrence appearing on the agenda for any given meeting of the Council are never posted on the Bulletin Board until the afternoon of the particular meeting involved. The City Attorney stated no formal offer for auditing services is reqeired. The bids submitted in this case have no binding effect upon the Council in any -anner, shape or fashion. Councilman Freeman also inquired if this meeting will be to determine the nolicy in this matter or the type of bids to be called for. The City Manager gave a resume of the history of selecting the auditors for the City. 11 From the City Manager, recommending Four Portable Water Pumps be purchased from the following firms: Item No. 1, from Homelite at the price of '490.62 and Items Nos. 2, 3 and 4, from Pacific P'rrning Company at the prices of -J308., B399 . and ;,379., respectively. It was stated the recommendation was based on the competency of the equipment and not on the lowest bid for each type of pump. Councilman Schacht moved the City Manager's recommendation be adopted; that contracts be awareee to the two cesignated firms for furnishing the our Portable Yater Pumps at the nrices indicated and the bid bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 12. From the City Manager, recorylending contract be awarded. to Mr. Manuel Marques, Jr., for the Installation of an interceptor Sewer and Pump Plant, at the low-bid price of .3)11,211.80. In connection with this project, the City has secured a grant from the Federal Government in the sum of 10,60.52. Councilman Haag moved the City Manager's recommendation be adopted; that contract be awarded to Mr. Marques for the specified project, at a price of A_1,211.80, and bid bonds or checks be returned to th.e unsuccessful bidders. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilman Haag called attention to the Federal grant which will pay about twenty- five per cent of the cost involved. President McCall complimented the City Manager and the City Engineer for their work in obtaining this grant. He said the City had been told it would not be able to receive this allocation, but at the Convention in St. Louis last year he had been advised to file the application and take the necessary steps with the ultimate aim of obtaining this sum - which was done and quite a saving was effected. 13. From the Recreation Commission, signed by Mr. J. Roger Hooper, Chairman, sub- mitting a copy of "Rules and Regulations on Public Use of the Bay Farm Island Recreation Center" and recommending such be approved. It was also recommended there be no charge for "public adult groups" since only small non-profit groups would be able to utilize the building. Mr. Hooper also informed the Council of th.e election of Mr. Terry La Croix and Mr. Chester Bartalini, as Chairman and Vice-Chairman, respectively, of the Recreation Commission - and expressed his pleasure to have served as Chairman Curing the past year. Councilman Freeman moved the Council adopt the recommendation of the Recreation Commission with regard to approval of the rules and regulations for use of the Bay 'Perm Island Recreation Center. The motion was seconded by Councilman Petersen. Councilman Schacht moved the notion be amended to substitute the word "adopt" with "refer for discussion to the Committee of the Whole". The motion was seconded by Councilman Haag. President McCall put the question first on the amendment which was carried by the following roll call vote. Ayes: Councilmen Freeman, Haag, Petersen and Schacht, (4). Noes: President McCall, (1). Absent: None. The question was then put on the original motion, as amended, and it was carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. The matter was, therefore, referred to the Committee of the Whole for further discussion - and Councilman Schacht expressed his appreciation for the opportunity to review the matter more fully. INTRODUCTION OF ORDINANCES: 11. Councilman Schacht introduced the following ordinance, after which it was referred to "ordinances for Passage" since it is declared to be an ordinance enacted in the event of great emergency or necessity in that Ordinance No. 1213, New Series, which this ordinance amends, failed to describe fully the real property intended to be conveyed to the City of Alameda, and it is, therefore, necessary to include the full description. Also, Escrow instructions be filed in this trans- action consummated by July 15. It is to the direct benefit of the City of Alameda that said transaction be consummated and the usual procedure and time limitations on the passage and effectiveness of ordinances would not allow the July 15, 1957, deadline to be met. "Ordinance No. New Series An Ordinance Amending Ordinance No. 1213, N. S., Relating to the Acquisition of Certain Real Property for Street, Highway and General Muni- cipal Purposes. (Tilden wav)." UNFINISHED BUSINESS: 1. The matter was called up concerning the suggestion from the Planning Board to review certain legislation with regard to the formation of a Regional Planning District, as set up under Assembly Bill 3860. A report on the subject had been sent out by the City Attorney. Councilman Petersen said he had looked through the League bulletins for information on the matter - and wondered what stand had been taken on this Bill. Upon request, Mr. Froerer stated the City of Berkeley has very strongly supported the Bill but he has no further information on it. Councilman Schacht moved the Council resolve to express opposition to AB 3660. The motion was seconded by Councilman Haag. Speaking on the question, Councilman Schacht felt there are too many intermediate levels of government - and with this proposed District having the power to levy a tax, he thought the City would not get the value out of it from the money that would be expended. He felt the City's problems vary greatly from those of other communities and until he can be more firmly convinced of its value, he said the Bill should not be approved. Councilman Haag concurred with Councilman Schacht. He pointed out the City has spent a considerable amount of money in hiring a planning consultant and in all planning activities and he could not see how paving any additional money in this respect would be advantageous. The question was then put and on roll call the motion carried as follows: Ayes: Five, Noes: None. Absent: None. 4 16. At this point, Councilman Petersen asked the Clerk to read a letter signed by Messrs. George Sturtevant and Gene Millard, dated June 27, 1957, and addressed to Yr. Petersen personally. Congratulations were extended to the majority of the Council for the firm stand that has been taken in protecting the general welfare of the City of Alameda (in connection with the development of the South Shore). Councilman Petersen then addressed. Mr. Spinola, Times-Star reporter, as follows: • "If the newspaper you represent contends they fairly and impartially present the news and gualantee a free press, I challenge this newspaper to print fully the letter just read - anywhere in that publication - during the course of the present South Shore issue." Councilman Freeman stated she had conferred with the City Attorney today with regard to formulating a letter to the Attorney General for his opinion on several questions concerning the South Shore. President McCall stated each one has a right to express his opinion - but in the case of letters received, copies should be available to all members of the Council. In response to his question, Councilman Freeman and Schacht replied they had received a copy of the letter just read. Councilman Haag, and President McCall stated they had not. Councilman Haag asked Councilman Freeman if the letter she wishes to have help on is a personal one and she answered, "No, it is not." She said she felt it would be very helpful to the Council and she would like very much to have the Attorney General's opinion on the matter. ()CY) Councilman Haag, inquired of the City Attorney how soon such an opinion might be received, to which Mr. Annibale replied it wonld probably be e month at the earliest, but he was just "guessing". Councilman HaaF said he felt this is just another delay- ing action and Councilman Freeman stated she had no intention to make this a delaying action. She said she has felt for over two years that the Attorney General should have been reouested to Five a ruling on this matter. She pointed ont that right now, for the first time in over two years, negotiations have actually been commenced and as long as such efforts are being made, perhaps it is not proper for the City to step in until some fruitful results have been accomplished. Copncilman Petersen moved the Council follow through on this particular matter. The motion was seconded by Councilman -Freeman and on roll call carried by the following vote. Ayes: Councilmen Freeman, Petersen and Schacht, (3). Noes: Councilman Haag and President McCall, (2). Absent: None. Mr. Annibale sugrested Councilman Freeman and he get together to decide what parti- cular questions she wishes to submit to the Attorney General. 17. The following resolution was introduced by Councilman Schacht, who moved its adoption: Resolution No. 5651 Transferring 19,000.00 from General Fund Account 199.200 (Contingent) to the 1951 Sewer Bond Fand (Account 701)." The motion to adopt said iesolntion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. The following resolution was introduced by Councilman Haar, who moved its adoption: "Resolution No. 5652 Transferrinr ic,3)0i.)il from Initiative RelieC Fund (Account ?2)) and '6,152.711 from School Fund (Account 226) to the General Fund." 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: done. 19. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5653 Authorizing the Execution of Arreement Between the City of Alameda, the Housing Authority of the City of Alameda end the East Bay i'nnicipal Utility District, Relating to the Construction, Maintenance and Operation of the Sanitary Sewer and Lift Station Located at Estuary Housing•" 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. It was brought out this resolution would result in practically one hundred per cent proper sewer connections in the City. 20. The following resolution was introduced by Councilman Schacht who moved its adoption: "Resolution No. 565)4 Resolution of the Council of the City of Alameda Disapproving Assembly Bill No. 3860, Relating to District Planning Law and Reouestinp, and Urging That the Governor of the State of California. Cause Said Bill Not to be Enacted into Law." ihe motion to adopt said resolution was seconded by Councilman Haag and, on roll call carried by the following vote. Ayes: Five. floes: None. Absent: None. 21. The followinN Resolution was introduced by Councilman Petersen adoption: who moved its "Resolution No. 5655 Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expenses." (25.) The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5656 A Resolution Designating the Number of and Providing for the Compensation of Certain Officers and Other Employees of the City of Alameda and Providing r-ules and Regulations Relative thereto." The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilman Petersen stated the Council believes, and he agrees, the City should increase the salaries of its employees to bring them up comparable with other cities in the area - but as far as the budget and an increase in taxes are concerned, he will attempt to keep taxes from going up this next Year. 23. With regard to the following two resolutions, Councilman Schacht stated he would abstain from voting in view of the fact that he was not a member of the Council at the time the Hearing on these two particular matters was held. rho next two resolutions were introduced by Councilman Haag, who moved their adoption: "Resolution No. 5657 Declaring Certain Dwelling in the City of "lameda, California, to be a Public Nuisance (2415 Harrison Avenue--Ark)." 24. "Resolution No. 5658 Declaring Certain Dwelling in the City of Alameda, California, to be a Public Nuisance (2413 Harrison Avenue—Ark)." The motion to adopt the foregoing two resolutions was seconded. by Councilman Freeman and carried on the following roll call vote. Ayes: Four. Noes: hone. Not Voting: Councilman Schacht, (1). Absent: None. 25. The following four resolutions were introduced by Councilman Freeman, who moved their adoption: "Resolution No. 5659 Declaring Certain Dwelling in the City of Alameda, California, to be a Public Nuisance (2)i11 Harrison Avenue--Ark)." 26. "Resolution No. 5660 Declaring Certain Dwelling in the City ofAlameda, California, to be a Public Nuisance (2409 Harrison Avenue--Ark)." 27. "Resolution No. 5651 28. Declaring Certain Dwelling in the City of Alameda, California, to be a Public Nuisance (2407= Harrison Avenue--Ark) ." "Iesolution No. 5662 Declaring Certain Dwelling in the City of Alameda, California, to be a Public Nuisance (2407 Harrison Avenue—Ark)." the motion to adopt the foregoing four resolutions was seconded by Councilman Peter- sen and carried on the fol owing roll call vote. Ayes: Five. Noes: None, Absent: None. President McCall thereupon declared all of the foregoing resolutions duly adopted and passed. Councilman Petersen inquired if there is any agency of the City through which these people to be evicted from the arks can be relocated. Mr. Froerer replied that when the families were evicted from the number of arks formerly situated along the East Shore of Alameda, the Family Service Bureau had been very helpful. Councilman HaarT, added that Mrs. McCoskey of the Social Service Department had reported at that time that all had been taken care of in some way. Councilman Freeman suggested the City notify these people the Agenc:7 is availale for their help if it is needed. It was so ordered. ORDINANCES FOR PASSAGE: 29. "Ordinance No. 121.1_0, New Series An Ordinance Amending Ordinance No. 1213, U. S., Relatinp to the Acquisition of Certain tteal Property for Street, highway and General Muni- cipal Purposes (Tilden lay)." Councilman Schacht moved the ordinance be adopted as read. The motion was seconded by Councilman Hrlag and on roll call carried by the followinr vote. Ayes Five. Noes: None. Absert: None. This ordinance, being declared en Amergene v for the reason cited under Paragraph 14, will become effective immediately. BILLS: 30. Itemized Lists of Claims acs,ainst the City of Alameda ar, the De partriLents thereof, in the total amcymts of '636 r-E7 .71 and ;2,P96.90, were submitted to the Co 'moil at this meeting. The lists were accompanied by certification from the City Manar7er that the Claims shown were correct. Councilman Haag; moved the bills as itemized in the Lists of Claims filed with the City Clerk on July 2, 1957, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Schacht and on rol_ call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31. At this point, President McCall asked the Councilmen to reserve next Tuesday, July 9, for the purpose of discussin7 the budget. ADJOTTENMENT: 32. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday, July 16, 1957, at 7:30 o'clock p.m. Respectfully submitted, j c. /7, Clerk