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1957-09-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, SEPTEMBER 3, 1957 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was lead by Councilman Freeman, followed by the Invocation delivered by the Reverend Father Patrick J. O'Brien, Pastor of St. Philip Neri Catholic Church. ROLL CALL: The roll was called and Councilmen Freeman, Petersen, Schacht and President McCall, ()4), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held August 20, 19571 were approved as transcribed. OPENING OF BIDS: 2. Six bids were received and read for the Furnishing of False Arrest Insurance, in accordance with Specifications therefor, No. MS 8-57-22, as follows: From Marsh & McLennan - Cosgrove & Company Lloyds of London From Ross Wright Underwriters at Lloyd's, London From R. A. Wondolleck Co. Lloyd's, London From Ader & Mathebat Lloyd's,London From Justin Realty & Insurance Underwriters at Lloyds From Arthur F. Strehlow Underwriters at Lloyd's, London The bids were referred to the Acting City Manager for review and recommendation. WRITTEN COMMUNICATIONS: Nj 3. From Alameda County Tuberculosis & Health Association, requesting the Council determine the position of "pay-TV" applicants with regard to public service program- ming before granting franchises for their operations. Councilman Schacht suggested this communication be referred to the Committee of the Whole for discussion with other material on hand in connection with "pay TV". It was so ordered. 4 4. From Bay Farm Island Improvement League, signed by rs. Ella May Waterbury, Secretary, requesting the Council investigate the possibility of an exit road from that community - suggesting it run along the boundary of the Golf Course, between Alameda and Oakland. It was stated there is only one road to serve this community, which runs parallel to the levee - and due to several development factors, this road will soon be overloaded. - - - A 590.30 - - - 589.30 590.30 589.30 613.02 589.30 Mr. Robert Venable, Assistant Planner, was called upon for information on the subject. He stated there had been a study and report made on a similar request in 1954, by Mr. Williams, then Planning Director, who had found that the extension of Fitchburg Avenue to Doolittle Drive would (a) Conflict with the adopted plan for the new eighteen-hole Municipal Golf Course; (b) Conflict with the proper operation of the C.A.A. equipment now situated on leased land and (c) Conflict with the adopted Mas- ter Plan for Bay Farm Island. He said that, as far as studies show today, the situa- tion has not changed. He felt all of the aforementioned conditions still exist and the Planning Staff does not recommend that such a road go through. Mr. Venable thereupon displayed a map of the area showing the locations of the existing installa- tions referred to. Councilman Freeman asked if there was any other route which could be established. Mr. Venable thought that any route would have to cut through the Golf Course. Councilman Petersen felt it would be wise for the Council to request that a study be made in view of the anticipated growth of population on the Island. He thought it was not feasible for one road to handle all the traffic. President McCall stated the Council should not even consider going through the Golf Course, or even ask to put a road along the boundary. Councilman Freeman agreed, stating a study should be made for another way, and it could not be known how it might be handled unless a study were made, which she felt was up to the Planning Department. It is well known that the road is already very crowded and now is the time to study the problem and not after the Island is more built up. In response to President McCall's request, the City Engineer stated it was presumed that, if the Southern Crossing approach is constructed on its anticipated alignment, there would.be adequate access and egress from that area. He said, however, it depends upon the uses contemplated of this auxiliary road. If it were considered an emergency road, it might go out through the Airport - but this would take some real planning, and coordination with the Airport Authorities. It was determined that the Planning Department should make a definite study of the situation, to ascertain if some kind of an emergency road could be established for access to Doolittle Road. 5. From City of Albany, signed by Mr. Robert G. Olson, Administrative Assistant to the City Council, concerning refuse disposal - and inquiring if the City of Alameda would be willing to work out some plan for a regional dump, in view of the ban on burning at the local dumps, effective October 1, 1957. The communication was accom- panied by a copy of a letter from the City of Albany to Mr. Benjamin Linsky, Air Pollution Control Officer, Bay Area Air Pollution Control District, requesting a reasonable extension of time to study the refuse disposal problem with other cities in the surrounding area with the view of reaching a satisfactory long-term solution. Councilman Petersen said he had talked with a representative of the Alameda Garbage Association, and he understands that the area for dumping might be available for a much longer period than the present estimate of three years and ten months. It was felt the situation might be improved if there were a dike constructed in that area which is currently going to be used for garbage fill - and said use might then be increased to as much as ten years. He asked that the Council request a meeting with the Alameda Garbage Association so that some arrangements might be worked out which would be less costly than the present setup. Councilman Freeman suggested the Council first request an extension of time from the Bay Area Air Pollution Control District and then plan to meet with the Garbage Asso- ciation to hear its views. President McCall inquired of Mr. Hanna if he felt the City could stop the burning at the City Dump by October 1, 1957, as requested. Mr. Hanna replied that the City can stop burning, but the space in which to dispose of refuse is depleting very rapidly. The estimates made have been based on quantities of refuse the City has been receiv- ing and allowing for the increase in population which is anticipated. The area in question is north of Doolittle Road and a levee cannot be constructed any farther out than is presently being built. The area for dumping is limited to this location. He pointed out the estimates take into account all of the area that can be required. Following further discussion, Councilman Schacht concurred with the suggestion to ask for the extension of time, even though the meeting will be held with the 1-sso- elation in an attempt to find a solution to the problem. He pointed out there will be considerably more expense to the City in filling with garbage rather than disposing of a great deal of the refuse by burning. He asked if the Bay Area Air Pollution Control District has authority to force the City to comply with its ruling by October 1. Mr. Annibale answered, "Should the City fail to comply, the District has the right to go to Court and get an injunction against any burning." Councilman Schacht then moved the Acting City Manager request, on behalf of the City of Alameda, an extension of time from the Bay Area Air Pollution Control District, for a period of six months, if necessary, in order to find a solution to this problem. The motion was seconded by Councilman Freeman and unanimously carried. A discussion was then had with regard to setting up the suggested meeting with the Association, as well as to discuss several other matters pending. It was determined to meet Thursday evening, September 5, at 7:30 o'clock p.m. for a Committee of the Whole session - and also to adjourn this meeting to an adjourned regular meeting on Tuesday evening, September 10. 61. From the Shoreline Planning Association of California Incorporated, requesting the Council submit nominations of members to serve on its Board of Directors, to be elected at the forthcoming Convention, to be held September 26-28, 1957, at Santa Monica. Councilman Schacht moved City Attorney Frank Annibale and Planning Director A. Raymond Schoenfeld be nominated to serve as City representatives on the Board of Directors of the Association. The motion was seconded by Councilman Petersen and unanimously carried. ORAL COMMUNICATIONS: V 7. Mr. Frank Gottstein, 731 Haight Avenue, spoke of his recent request that the Library be kept open Sundays. He said he had been sent a report which indicated there would be an additional cost of $7,412. to do so. He said he did not expect the whole Library to be kept open, with a full staff in attendance - he had thought principally of the newspapers and periodicals being made available - and he still felt such could be done at a much lesser amount. He urged the Council to give his suggestion a trial insofar as newspapers are concerned, because he felt there would be many people who would take advantage of the opportunity. Considerable discussion ensued on this matter - Councilman Schacht stating he felt the Library Board or the Librarian should be asked to inform the Council just how many persons would be needed to maintain only the magazine section of the main Library. He thought that if the Library could be open on Sundays for a reasonable amount of money, with one or possibly two attendants, it was worth looking into. He suggested the Acting City Manager find out further about this. It was so ordered. HEARINGS: 8. The matter was called up concerning the proposed abandonment of a portion of Market Street to a distance of 100 feet north of San Jose Avenue. The Clerk stated there were protests on file against said abandonment from the following: Petition . signed by twenty -three property owners in the area; letters from Rosalie Liechti and Ann Roth, owners of property on Market Street; from Forest E. and Shirley J. Lynch, 1209 Market Street, and from. Sidney D. and Jessie M. Hickman, 3279 Madison Street. The Affidavit of Publication of hesolution of Intention No. 5680 was also on file. Mr. J. W. O'Neil., Attorney, addressed the Council on behalf of and as the representa- tive of the protestants in this matter. He said he wished to present a legal ground of protest, in addition to the grounds cited in the several letters, that the pro- posed action would be absolutely illegal and void under the law of California as declared by the Supreme Court of this State. He quoted from the Court decision in the action of a certain individual versus the City of Los Angeles, where said City had proposed to take the same action as this Council now proposes under its Resolu- tion of Intention. The ultimate conclusion reached by the Court was that the action of the Council in purporting to vacate the alley was null and void and should be enjoined - and the only way in which abandonment could be accomplished was through a condemnation proceeding. The second ground of protest was that this proposed action would constitute a breach of faith on the part of the City with the interested property owners, by reason of what transpired in 1955, and 1956. He reviewed the circumstances leading up to the vacation of Market Street from San Jose Avenue south to Fillmore Street, at that time, as set forth in the report of the Planning Director to the Plan- ning Board at its meeting of May 11, 1955. Mr. O'Neill claimed the City had a moral, if not a legal, obligation not to attempt to vacate Market Street, north of San Jose Avenue, in view of the previous action. His third ground of protest was that this proceeding is taken under Section 8323 of the Streets and Highways Code which reads as follows: That if the Council finds, from all evidence submitted, that the street is unnecessary for present or prospective street purposes, the Council may make its order to vacate it. He said he did not find anywhere in the record any claim to the effect that the street is unnecessary for present or prospective pur- poses. He contended it has been a public street for many years and has been used as such. Mr. O'Neill also quoted from the City Engineer's report of August 29, 1957, on the matter. He also developed the point that if this portion of the block is not neces- sary for street purposes, why leave the other half for said use? If the City deter- mines, upon sufficient state of facts and on valid evidence, that the whole block is no longer necessary for street purposes, then it should close the whole street and pay the damage the law requires in so closing it. Mr. O'Neill submitted that the Resolution of Intention should be denied. In response to a question by Councilman Freeman, and upon request of President McCall, City Attorney Annibale explained the legal procedure involved. He said he disagreed with the comment made that the action would be illegal and void - however, he conceded that the main point of Mr. O'Neill's argument to be that if any damages would accrue to property owners within that particular block of the access to the street which is now proposed to be closed off, they would be entitled to be compensated for such dam- ages. He felt, in this situation, the damages would be close to nominal - at least not substantial. He stated the City Council does have the power to order the vacation. It was brought out that any damages would be paid by the City. City Engineer Hanna reviewed the situation, and stated he did not believe there was, at any time, any commitment that if the City closed Market Street south of San Jose Avenue it, in effect, promised it would not at sometime consider doing so north of San Jose Avenue. Considerable discussion ensued concerning required improvements of the properties on this block, such as streets, sidewalks, sewers, etcetera. Mr. F. D. Fernhoff, Attorney, addressed the Council. He represented Miss Vee Chard and Dr. N. D. McKean, owners of property on Market Street, and at whose request the proposed abandonment proceeding had been initiated. He claimed this part of the street sought to be abandoned was not a street last year - it was a mud hole, - it had been filled by Miss Chard. He said there never has been access over this street to San Jose Avenue. He contended there is no reason for keeping this street - in the winter, it is impassable. He referred to the necessity of forming an Assessment Dis- trict in order to effect proper improvements - and stated that if the several property owners are willing to form such a District, his clients would be willing to go along with them. However, he reiterated there is absolutely no need for this street. He said his clients would like to have these property owners join them with a petition which would then show the Council there was a majority in favor of an Assessment District and the street could then be improved. Mr. Forest Lynch, Mrs, Ann Roth and Mrs. Rosalie Liechti, spoke in protest against the proposed closing. Mrs. James Wiley, 1232 St. Charles Street, stated she had been a member of the Planning Board at the time the previous action was taken to close Market Street, south of San Jose Avenue. The matter had been studied very thoroughly and it was determined that the series of very short blocks along this street was not good planning, and it would improve conditions by closing this portion of Market Street. She also pointed out the bad situation of a lot fronting on two streets, as would be the case if the por- tion of Market Street north of San Jose Avenue were closed - and the Council should consider that it would not improve the area to allow that kind of two-faced lots. Mr. O'Neill asked Mrs. Wiley if it were not a fact that it was agreed there would be no closing of Market Street, north of San Jose Avenue, unless the lots affected would be re-aligned to face on Madison Street. She replied she could not remember the mat- ter of closing Market Street north of San Jose Avenue even being discussed. Mrs. Carol Roche, 1521 Union Street, suggested the situation is between the developers and sufficient compensation should be paid to the people affected. She said there should be no half measures - leave the street open as it is now, or close the entire block. Mr. Hanna concurred with the thinking expressed by Mesdames Wiley and Heche - and he pointed out the suggestion had been made in his report that the street be abandoned all the way from San Jose Avenue to Madison Street and the section of Market Street, 100 feet from Madison Street, be divided as outlined therein. Further discussion ensued - it being agreed that Mr. Lynch is the most adversely affected in any event. Also, the City Engineer was asked to help procure fill for the Liechti and Roth property. Mr. O'Neill pointed out that if the City is going to abandon Market Street, it should be done in the proper way and damages paid. The matter was then referred to "Resolutions". 9' matter was called up with regard to the protest from Phyllis O. and Albert W. Shaft, 6638 McArthur Boulevard, Oakland, owners of property at 844 Lincoln Avenue, Alameda - appealing from the decision of the Planning Board to grant an adjustment to Mr. and Mrs. J. O. BagFett to allow certain setback encroachments on their property at 848 Lincoln Avenue. President McCall asked the Deputy City Clerk, who had taken the minutes of the Plan- ning Board meeting of August 26, if the Shafts had had an opportunity to discuss this matter with the Board. Mrs. Nelson answered that the Shafts had not been present and did not know of the action until after the meeting. Mr. Shaft appeared and stated his building at 8h4 Lincoln Avenue is a two-story struc- ture containing five apartments. It was constructed many years ago and is located on the property line. He claimed the building proposed to be erected by Mr. Baggett will black out the six windows along the side of his apartment house, as the new building is to be two stories in height now, and possibly three stories high later on. In response to Councilman Freeman's request, Mr. Robert Venable, Assistant Planner, was called upon to explain the situation. He pointed out the property is in the "D" Commercial District, which does allow buildings to be erected on the property lines in the front and side - in fact, one needs no front or side yards. The reason the adjustment was requested is because a portion of the block is in the "B" Residential District and where residences occur in such a block, the Commercial property must take an average of the setbacks and maintain that distance. In this case, the setbacks would be fourteen feet off Lincoln Avenue and seven and one-half feet off Ninth Street and Mr. Baggett requested the full encroachment. He stated notices were posted in the proper manner. He mentioned that three days after the Board meeting, Mr. Shaft came into his office and protested against the height of the proposed building. This is not a condition over which the Board had any control in this case - it was not involved in the adjustment requested. As far as height is concerned, Mr. Baggett can build to a height of forty-five feet, as stipulated in the Zoning Ordinance. In response to Councilman Petersen's question, Mr. James R. Brummer, Chief of Inspec- tions Division, was called upon. He stated the contemplated structure will have con- crete block walls for fire protection and Mr. Baggett is meeting all of the Building Code requirements. It was brought out that the Shafts' building is non-conforming to present regulations. Mr. Shaft stated he had not protested against the requested encroachments at the Board meeting, because he lives in Oakland and did not know about the hearing to be held on the matter at that time. 244 Upon inquiry as to the possibility of working out other plans, Mr. Haggett stated his lot is very small and there is no space to spare. Considerable discussion was had - it being developed that the granting or denial of the requested adjustments did n of alter the fact that Mr. Bag ;ett could still erect his new building on the inside property line, since both properties involved are in the "D" Commercial District. Councilman Freeman thereupon moved the action of the Planning Board in granting the adjustment to Mr. Baggett for certain encroachments on his property be sustained. The motion was seconded by Councilman Schacht and on roll call carried by the follow- ing .vote. Ayes: Four. Noes: None. Absent: None. 10. At this point, President McCall introduced The Honorable Clifford Rishell, Mayor of the City of Oakland, who, in turn, introduced Councilman Peter Tripp of Oakland. They were welcomed by the audience. The President also introduced Mr. A. Raymond Schoenfeld, the recently appointed Plan- ning Director, and welcomed him as a member of the Official Family of Alameda. REPORTS OF COMMITTEES: 1_L. From the Mayor, Acting City Manager and Auditor, submitting their report on the Count of Money held August 21, 1957 - showing a total amount of {a3,056,040.47 in the City Treasury at that time. Councilman Schacht moved the report be accepted and ordered filed. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: None. 12. From Acting City Manager, recommending Mr. Gene Saalwaechter, Director of Recrea- tion and Physical Education, be authorized to attend the 39th National Recreation Con. - gress, to be held in Long Beach from September 30 to October 4, 1957, and 05. be appropriated for this purpose. Councilman Freeman moved the recommendation be adopted and Mr. Saalwaechter be author- ized to attend the meeting specified and $75. be appropriated to defray his expenses. The motion was seconded by Councilman Petersen and on roll call carried by the follow- ing vote. Ayes: Four. Noes: None. Absent: None. 13. From Acting City Manager, requesting authorization to negotiate with a Consulting Engineer and to retain outside legal counsel to handle the preparation and legal pro- ceedings in connection with the formation of an Assessment District for the improvement of Beach Road, Flower Lane, Melrose Avenue and Seminary Avenue. Councilman Freeman moved the request be granted and Mr. Clark be authorized to proceed with said negotiations and to employ outside counsel in this matter. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: None. 14. From Recreation Commission, signed by Mr. Terry LaCroix, Chairman, assuring the Council the Recreation Department operates Lincoln Park and Bay Farm. Island Recreation Centers under rules and regulations approved by the Council with regard to their use for public meetings. The communication was noted and ordered filed. J 15. From. Recreation Commission, signed by Mr. Terry LaCroix, Chairman, submitting "Recommended Agreement" between City and Alameda Unified School District for providing a program of community recreation - in line with present City- School District cooperation. In response to Councilman Freeman's question with regard to the proposed Agreement, Mr. Annibale suggested the matter be referred to him in order that a conference can be held with the School Department and Recreation Commission and a complete Agreement can be drafted. Councilman Petersen requested the members of the Council be furnished with copies of the previous Agreement between the City and the School District for their review and comparison. Councilman Freeman then moved the matter be referred to the City Attorney. The motion was seconded by Councilman Petersen and unanimously carried. 16. From Acting City Manager, submitting copies of a letter and a report concerning open dump burning - and referring to the suggestion made by the City of Albany for a regional dump. Determination on action in this matter had been accomplished earlier in the meeting. J 17. From City Planning Board, signed by Mr. Robert L. Venable, Secretary, submitting copy of City Engineer's Report and a Map of the "Record of Survey" covering Division of Land known as 700 and 704 Paru Street - and recommending approval of the Record of Survey, subject to following provisions: (1) That deeds will contain a record of easements required by the City and Utility Companies; (2) That the proposed private street be designated "Emerson Terrace ". Councilman Petersen moved the Board's recommendation be adopted and the Council author- ize and permit the Record of Survey Map to be recorded. The motion was seconded by Councilman Freeman. Speaking on the question, Councilman Schacht interrogated the City Attorney and City Engineer with regard to the financial responsibility of lighting and maintaining said street. Mr. Hanna stated the City will accept the street lights, furnish power and maintain them in the future - but the installation, which is a considerable expense, is to be paid for by the property owners. The street paving will be constructed and maintained by the property owners. The City has, for many years, maintained any sewer which has been constructed to its standards, for the over-all good of the community. Following the discussion the question was put and the motion carried on the following roll call vote. Ayes: our. Noes: None. Absent: None. 19'. From Acting City Manager, stating all work has been satisfactorily completed on the project of Constructing Fences and a Backstop at Woodstock Park - recommending it be accepted and the Notice of Completion be ordered filed. An Ordinance Amending Section 17-364.1 of the Alameda Municipal Code Relating to Parking Limits in Parking Meter ZODOS." V 18. From Acting City Manager, recommending contract be awarded to McGuire and Hester low bidder, for project of Ditch-Lining with Air-Blown Mortar or Concrete at the New Municipal Golf Course, at a price of qa1,875. Councilman Schacht moved the recommendation be approved; that contract be awarded to the designated firm for this project at the price quoted and the bid bond or check be returned to the unsuccessful bidder. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: None, Councilman Petersen moved the recommendation be adopted; that the work of this project be accepted and the Notice of Completion be filed. The motion was seconded by Council- man Freeman and unanimously carried. INTRODUCTION OF ORDINANCES: 20. Councilman Schacht introduced the followingordinance: "Ordinance No. New Series An Ordinance Authorizing the Sale of Certain City Owned Real Property to Ford H. Thomason and Gertrude 1. Thomason, His Wife (Fitchburg Avenue Property)." 21. Councilman Freeman introduced the following ordinance: "Ordinance No. New Series The foregoing ordinances were laid over, under provision of law and the Charter. NEW BUSINESS: 2L. Councilman Freeman suggested the Council consider the matter of a new Councilman. President McCall asked that the subject be discussed this Thursday evening at the Committee of the Whole meeting. However, Councilman Petersen moved nominations for Councilman be opened. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Councilmen Freeman, Petersen and Schacht, (Three). Noes: President McCall, (One). Absent: None, Councilman Freeman then nominated William Godfrey and Harvey Marshall. Councilman Petersen nominated John Nazro, Jr., 2956 Gibbons Drive, stating he is a businessman, who has economic background and qualifications for this job. A roll call vote was then taken on each of the candidates in the order of his nomina- tion and no one received a majority vote. 23. Councilman Freeman called attention to the fact there is no Vice-Mayor at present and asked if the matter could be taken care of at this time. President McCall con- curred. Councilman Freeman thereupon nominated Councilman Petersen as Vice-Mayor. There being no further nominations, the roll was called and Councilman Petersen was elected to this office by the following vote. Ayes: Councilmen Freeman, Petersen and President McCall, (Three). Noes: None, Not Voting: Councilman Schacht, (One). Absent: None. President McCall then declared Councilman Petersen the Vice-Mayor of the City of Alameda. 24. Councilman Petersen stated it appears in a number of property disputes, the property owner has not been informed. He said he realizes there are legal methods ------_____ 46 set up by which he should be informed - but there is no direct contact made. He felt it would be well if the Council would request the City Attorney to investigate and ascertain if some arrangement could be worked out whereby some notification could be sent out to advise the interested parties of any proposed changes affecting their properties. Councilman Schacht suggested all property owners should consult their attorneys - if property is being leased, then it should be provided in the lease the tenants would notify the landlords of the posting of any notices. He felt the law sets up the responsibility of the City to the property owners - and there is adequate pro- tection as it exists now. Councilman Freeman stated most of these situations arise because the "adjoining" properties are involved in some proposed change. She asked the City Attorney if notification to these people had to be done legally - or if the Planning Department could be asked to make sure the immediately adjacent property owners receive a written notice. Mr. Annibale stated he would prefer it be set up, if at all, on the latter basis, i.e., that no legality be attached to it - but that such a policy be established. He said there are many procedural matters to attend to in order to be assured of the legality of any particular action taken. This would merely add another burden and, in many cases, it would be a tremendous burden, because in some instances there would be a multitude of abutting property owners who should be notified personally. He agreed that, on the basis of an informal policy, which has no connotation of legality to it, notification could be given as suggested. It was determined the Planning Department be requested to notify - insofar as phy- sically possible - the owners of properties adjacent to any lot on which changes are requested - particularly adjustments. Councilman Freeman thereupon roved the Acting City Manager, when possible, notify interested parties immediately adjacent to any property on which adjustments are to be considered by the Planning Board - that they be notified in time to appear before said Board. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: None. RESOLUTIONS: 25. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5692 Resolution of the Council of the City of Alameda Appropriating and Authorizing Payment of Money for Satisfaction of Judgment, and Other Incidental Expenses in Condemnations Proceeding Against Certain Real Property for Public Park Purposes (Lane- Godfrey Park)." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: None. 264. "Resolution No. Resolution of the Council of the City of Alameda Ordering the Vacation of a Portion of Market Street in the City of Alameda." Councilman Freeman stated that, inasmuch as Mr. Fernhoff had indicated his clients would be more than willing to improve the street if the surrounding property owners would agree to the formation of an Assessment District for such purpose, the street should be left open. All concurred and, therefore, no action was taken on the resolution. President McCall declared the foregoing resolution, No. 5692, duly adopted and passed. ORDINANCES FOR PASSAGE: 27. "Ordinance No. 1243, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (80) and (81) to Section 17 -132 Thereof, and Amending Subdivision (45) Thereof, Relating to Stop Intersections." lOak Street and Clinton Avenue, Taylor Avenue and Fifth Street, Taylor Avenue and Sixth Street) Councilman Schacht moved the ordinance be adopted as read. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: None. 28. "Ordinance No. 1244, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (5) to Section 17-571 Thereof, Relating to One-Way Streets." (Taylor Avenue, between Fifth and Sixth Streets) Councilman Petersen moved the ordinance be adopted as read. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Four, Noes: None. Absent: None. 29. "Ordinance No. 1245/ New Series An Ordinance Amending Section 17-333 of the Alameda Municipal Code by Adding Thereto Subdivision (22), Relating to All Time No Parking." Councilman Freeman moved the ordinance be adopted as read. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: None. 30: "Ordinance No. 1246, New Series An Ordinance Amending Section 16-511 of the Alameda Municipal Code, Relating to Dangerous Weapons." Councilman Petersen moved the ordinance be adopted as read. The motion was seconded by Councilman Schacht and on roll call carried by he following vote. Ayes: our, Noes: None. Absent: None. FILING: 31. Financial Statement - Bureau of Electricity - Month of June, 1957, and the Annual Report, ending June 30, 1957. 32. Ex Committee of the Whole: (a) Communication from the City Manager, dated June 28, 1957, concerning proposals for auditing services during current fiscal year. (b) Communication from Bureau of Electricity, dated July 15, 1957, submitting recommendation of Public Utilities Board with regard to possible amendment to Pension Plan for employees retired prior to January 1, 1957, in order that they could be paid under the State formula. BILLS: 33. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 332,721.04, was submitted to the Council at this meeting. The list was accompanied by certification from the Acting City Manager that the Claims shown were correct. Councilman Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on September 3, 1957, and presented to the Council at this time, be allowed and paid, The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: None. ADJOURNMENT: 34. There being no further business to come before the meeting, the Council adjourned - to assemble in adjourned regular meeting on Tuesday evening, September 10, 1957, a t 7:30 o'clock p.m. Respectfully submitted, aty Clerk / /