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1957-09-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, SEPTEMBER 17, - - - - 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 an inspiring Invocation delivered by The Reverend Mr. Charles M. Lemmex, Pastor, Westside Baptist Church. At this time, President McCall introduced Mr. Franz S. Collischonn, Councilman appointee, who took his Oath of Office and was officially seated as a member of the Council. He was heartily welcomed by the audience, and then introduced the immediate members of his family. 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 September 3, and the adjourned regular meeting held September 10, 1957, were approved as transcribed. WRITTEN COMMUNICATIONS : • 2. From Alameda Chamber of Commerce, submitting copies of letters from Hilbish. Interiors and Hall's Modern Furniture, concerning interior furnishings for the New Municipal Golf Course Clubhouse - and requesting that, in the future, Alameda firms be invited to bid in all cases. Councilman Freeman explained the situation in this instance - stating it is regret- table that time did not permit the call for public bids for the complete furnishings. She pointed out action had been taken by the Council at its meeting on June L, author- izing the purchase of these items on the open market because of the emergency and necessity of getting the job done very quickly. She felt there had been sufficient publicity about the meetings being held on the matter, which were open to the public. Councilman Freeman suggested that, if notifying the local business houses of such matters is not now a function of the Chamber of Commerce, it establish the policy of doing so. Following further discussion of the subject, Mr. Nutzman, General Manager of the Alameda Chamber of Commerce, asked that the City Clerk mail him a copy of all Notices to Bidders which are going out in the future. It was so ordered. 3. The Clerk read in full two letters from the Bay Area Air Pollution Control Dis- trict, dated September 17, 1957, and signed by Mr. Benjamin Linsky, Air Pollution Control Officer, addressed to the Council and to the Acting City Manager. Also, a letter was read, dated September 17, 1957, signed by Mr. Patrick J. Moran, Execu- tive Secretary. These communications referred to the City's recent request for an extension of time for compliance with Regulation No. 1 which prohibits open dump burning after October 1, 1957. An explanation was given of the procedure to follow in making application before the Hearing Board of the District for such extension. President McCall asked Mr. Clark to brief the Council on, this matter. Mr. Clark called attention to the meeting with the Alameda City Garbage Association to try to work out the immediate and long-term problem - which resulted in no conclusive deter- mination. He felt it would be in order, if the Council so desires, to instruct the City Manager and City Attorney to proceed with the filing of the formal application for a variance from Regulation No. 1. On the other hand, if the Council determines that it can find a solution to this problem of refuse disposal within a period of from four to five weeks, he believes that Mr. Linsky has the authority to grant a temporary extension of time. He inquired as to the Council's desire in this respect. President McCall asked for a recommendation from the Acting City Manager and the City Engineer. Mr. Clark stated he felt a delay of a few weeks or even six months isn't going to solve the problem for the City of Alameda - the Cityls problem is essentially a long-term one. He stated the original estimates of capacity at the present dump were for three years. One of the points developed at the meeting with the Garbage Association was that if the dump were increased in elevation, even as high as thirty-five feet, there might be capacity for the next nine or ten years at that location. He stated some preliminary discussions had been had with the Port of Oakland relative to getting permission to dump within its area. He said that, in his opinion, Alameda could comply with the ban against burning by October 1, and then work out over a period of a longer time an eventual solution to the problem. Mr. Hanna stated the City should not "bury the problem" if it can be a voided - he did notfeel that rubbish underground is an answer in the long-range period. It may answer today's immediate problem but the City would not have substantial ground when it is finished and, eventually, the problem will create an additional expense. The City should endeavor to solve the problem - but it cannot be done in four weeks - it is big business, it is quite complicated and involves a great many people. He felt Alameda soil should be retained in as fine a quality as it can be kept. He spoke of 1 r the incinerator method of disposal of rubbish which would afford a period of thirty years in the same site for disposal of incineration residue as compared with a per- iod of three and one-half years for rubbish which was not burned. He felt any extension of time would be worth seeking. Councilman Schacht pointed out th5at, at the meeting with the Garbage Association, his suggestion had been that the City make the present land last as long as it could - even going to some thirty feet. He said he realized it would not leave a beautiful area, but the alternative expense of some 200,000. to 300,000. per year seemed quite excessive to him. He concurred that any extension of time the City could secure is valid and the City should attempt to procure it. He thereupon moved the Acting City Manager and City Attorney be instructed to file with the Bay Area Air Pollution Control District Hearing Board a petition for variance from Regulation No. 1 and seek for the City of Alameda an, extension of time of six months for compliance with said regulation. The motion was seconded. by Councilman Freeman and unanimously carried. ORAL COMMUNICATIONS: 4. Mr. J. C. Mitchell, 1541 East Shore Drive, addressed the Council as the repre- sentative of the Alameda City Taxpayers' League in his capacity as President of the organization. He said he was speaking in connection with the resolution on the agenda concerning the adoption of the budget and tax rate for this fiscal year. He said he realized the concern the Council has had with this problem and the efforts put forth to come to grips with it, as explained to him and other members of the League. He stated the Directors of the City of Alameda Taxpayers' League have authorized him to express their approval of the proposed ordinance to be presented tonight, fixing the City tax rate at 82.26. However, it should be pointed out this is simple expediency which only postpones coming to grips with the overall problem. Mr. Mitchell pointed out it is within the power of the Mayor to appoint a citizens' committee which would be addressed to the proposition of studying the situation in Alameda, and he felt there is an urgent need to go ahead with such a program. Reference was made to the survey of the Public Administration Service on Municipal Organization and Administration, which was made in 1951, and another survey along the same lines made in 1954. President McCall explained that the 19)4 report was the result of the desire of the Council at that time to have the City Manager list the accomplishments which had been made as recommended in the 1951 report. He inquired as to the wish of the Council with regard to the appointment of a Citizens Advisory Committee. He felt it would be a benefit to all. However, he suggested the Council first go through the two reports, after which it could make a decision as to hiring someone who woeld be com- pletely separated from City functions to proceed with another survey. He also said he would not want to appoint such a Committee prior to the time the new City Manager, Mr. Weller, has taken office as he will probably have some suggestions he would like to have carried out. Councilman Petersen stated he thought the suggestion to form a Citizens Advisory Committee is an excellent idea. He felt it would have been of great help during the time the Council was working on the budget - but now, he saw no necessity of imme- diately appointing such a Committee. He suggested that, prior to the budget sessions for 1958-1959, such Committee appointment should be considered. President McCall stated that after the Council discusses the matter with the new City Manager and if it is his suggestion that such a Committee be formed, the Council should immediately proceed in order that said Committee would have time to study the situation and present some solutions. He thanked Mr. Mitchell for his appearance before the Council on this matter. Presi- dent McCall also praised the members of the Public Utilities Board and the Housing Authority of the City of Alameda for their fine work and stressed the fact the total sum of .;>150,000. has been advanced by these Boards to assist the Council in lowering the tax rate. They did not "loan" it. 5( Mr. Frank Gottstein, 731 Haight Avenue, called attention to the double parking of trucks and felt this would not be done if the drivers were given citations for the offense. If the City needs more Police Officers - all right - but the Council should take some action to see that these citations are issued and eliminate the double parking. He also said there is now some relief in the on-street parking in his neighborhood due to the fact provision has been made for the Municipal Parking Lot in the vici- nity to allow all-day parking. 6. Mr. Dean Ramsden, Vice President of the Alameda County faxpayers Association, Inc., was introduced and spoke concerning, the budget. He read a letter, addressed to the Council, dated September 17, 1957, summarizing the attitude and position of the organization from the County level and also, representing the Alameda City area com- mittee of the Association. Mr. Ramsden submitted copies of the letter to the indivi- dual Councilmen. He stated his organization is always ready to assist in the solution of the City's problems. Upon request of President McCall, Mr. Edward McKnight, a Staff member of the Association, was introduced. REPORTS OF COMMITTEES: 7. From Public Utilities Board, signed by Mr. G. A. Baxter, Secretary, informing the Council it can be assured of 150,000. as an advance before June 30, 1958, if the City Council is unsuccessful in realizing the said amount, or more, from the sale of certain industrial property now owned by the City. President McCall called attention to the fact that if said industrial property is not sold before the date specified, the money does not have to be returned to the Bureau Fund and that is why he had stated it is not a "loan". The communication was then ordered filed. 8. From Public Utilities Board, signed by Mr. G. A. Baxter, Secretary, with regard to its recommendation as contained in its letter of July 15,1957, to amend the "State" Pension Contract to include City employees who had retired prior to Janu- ary 1, 1957. It was suggested that, perhaps, the subject can a gain be given study next year when the budget is under consideration. President McCall stated the matter will be given further study at the budget sessions next year. The letter was referred to the file. 9. From Public Utilities Board, signed by Mr. G. A. Baxter, Secretary, concerning proposed expansion of employee benefits - vacations, hospital and medical insurance and group life insurance, as submitted in its letter of August 14, 1957. It was stated that, in the interest of maintaining good personnel relationship among the present employees, and the desire to create an atmosphere which will encourage high caliber persons to accept positions in the City when recruiting is in progress, the Board urges the Council to reconsider the proposals as soon as funds are available - and that the subject be kept on the high priority list for adoption when financial conditions will permit. It was pointed out the Department of Public Utilities is ready to pay its proportionate share of the costs of these proposed benefits if and when they are adopted. President McCall felt these matters will be taken into consideration during the sessions on the 1958-59 budget. This communication was also referred to the file. 10. From Acting City Manager, reporting all work satisfactorily completed in con- nection with the Temporary Realignment of the Northwest Corner of Park Street and Buena Vista Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Petersen moved the recommendation be adopted; that the work on the speci- fied project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Collischonn and unanimously carried. INTRODUCTION OF ORDINANCES: 11. Councilman Schacht introduced the following ordinance, which is declared to be an ordinance enacted in the event of great emergency or necessity and is to be intro- duced, passed and become effective at one and the same meeting, pursuant to Section 3-12 of the Charter of the City of Alameda. The declaration of facts constituting the great emergency or necessity is as follows: Article XVII of the Charter of the City of Alameda requires that the rate of taxes to be levied be fixed on the third Tuesday in September of each fiscal year - and, if said tax rate be not so fixed, the rate for the next preceding fiscal year shall thereupon be automatically adopted. "Ordinance No. New Series An Ordinance Fixing the Rate and Levying a Tax on All Real and Personal Property in the City of Alameda for the Fiscal Year 1957-1958, and Apportioning the Same Among the Several Funds of the City." The ordinance was thereupon referred to "Ordinances for Passage". In response to Councilman Petersen's question, Mr. Annibale replied that said emer- gency ordinance would require four "Aye" votes for passage. RESOLUTIONS: 12. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5700 Adopting Specifications for Furnishing to the City of Alameda Athletic Supplies and Equipment for Recreation Department for the Fiscal Year Ending June 30, 1958, 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. 1 13. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5701 Authorizing Attendance of Members of the Council, Officers and Employees of the City of Alameda at the Annual Conference of the League of California Cities to be Held at San Francisco, and Appropriating Funds Therefor." 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. 1L0.7 Tie following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5702. Resolution of the Councilof the City Of Alameda Requesting an Advance of 100,000.00 from the Housing Authority of the City of Alameda for the Fiscal Year 1957-1958." The motion to adopt said resolution was seconded by Councilman Freeman. Speaking on the question, Councilman Petersen stated he is not an advocate of dealing expediently with expediency. He advocates taking the immediate problem on now, and the future problem as well. He felt there are means of solving the tax problems in a realistic way - without borrowing or burdening the taxpayer. He said that, if the Council accepts last year's tax rate as the tax base, it will gain in efficiency and will be better able to meet the problem in the future. He stated last year's tax levy had produced $45,000, in excess of the 1956-57 budget, and last year's expendi- tures were 99,000, less than anticipated from the General Fund of the budget. He also referred to the Pension Fund monies as contributed by the pensioners and the taxpayers (City). He claimed the percentage of contributions to the Pension Fund could be amended by a unanimous vote of the Council - and in no way would such a step affect the pension, or a pensioner, where the pensions are firmly established by ordinance and cannot be changed. He continued enumerating his suggested solutions - dividends from the Bureau of Electricity; recommendations of the Public Administra- tion Service in its 1951 survey, as well as those of the Citizens Advisory Committee survey of 1954; possible sale of Encinal Housing property and recommendations of Mr. Ramsden which would contribute to local economy. He stated he would vote "No" on the tax ordinances. Councilman Schacht stated that when the Council started its study of the budget it knew the matter must be settled by tonight. He said that, apparently, last year, there were expenditures in excess of revenues - the General Fund dropped from approxi- mately one-half million dollars to $149,000. The Council knew that eighty per cent of the amount of the budget is expended for salaries. He pointed out the Council has gone over the budget item by item and has cut it to a minimum - no provision has been made for capital improvements. Yet, with savings made by the transfer of the Health Department and other savings, the Council is still faced with an increase in the tax rate. He stressed the fact that, after the considerable study given the budget, he is of the opinion the Council has no alternative but to adopt the budget as prepared with the $2.26 tax rate. On this basis, he would say he .does not feel that the Council is greatly damaging the community by accepting the 3100,000, from the Housing Authority as it is a valid transaction in this emergency. He said he did have more qualms about accepting the $50,000. from the Bureau because that sum is coming from its capital improvement fund which monies are being set aside now for its capital improvement program and if a given project is undertaken later, it is possible it will cost more money. He felt the recommendations made by the Taxpayers' Association and League should definitely be transmitted to the new City Manager. The members of the Council were deeply impressed with his ability and his record and all are convinced that substantial savings can be made by him without cutting the efficiency of the Government. Councilman Schacht stressed the fact the Council must find a realistic budget for next year and try to provide revenue through more indus- try in the City. Councilman Freeman stated the proposed tax r ate of $2.26 is an increase of six cents. She said she stilltelleves that, with a new City Manager and with changes which can be effected such as the Taxpayers' organizations have pointed out tonight, the Coun- cil could leave the rate at last year's figure of $2.20 - and not take any action tonight on the ordinance fixing the rate. She asked the City Attorney if this could be done - approving the budget as it is now set up but maintaining the old rate of $2.20. Mr. Annibale replied, "The budget would have to be adjusted toreflect the 2.20 rate He pointed out there are two budgets before the Council tonight - one at the rate and the other at the $2.26 rate. Councilman Freeman thought the adjustments could be made over a period of time - not immediately. Mr. Annibale said the budget would have to be adjusted almost imme- diately in order that each department would know what its allotted expenditures are for the fiscal year. Mr. Clark pointed out the Council would be faced with a very practical problem, if it did not adopt a specific budget, because the Auditor has segregated the tax rate based upon a 2.26 rate and if a 432.20 rate were adopted the Council would have to adopt a new segregation - in effect, a new budget would have to be adopted. In response to Councilman Freeman's further question on the adjustments being made later, Mr. Clark said he did not believe that could be accomplished - the Council is faced with adopting a budget and setting a tax rate tonight. The tax rate is actually set on a segregation of funds which is made by the Auditor. This has been done on the basis of a l'32.26 rate and a 32.L7 rate - but without the Auditor's segre- gation of the tax rate (at 4.32.20) he did not believe the Council would actually have before it for action either a budget to be adopted or a tax rate to be set. Councilman Petersen said he presumed adjustments could be made along, the line because he felt the basic duty of the Council is to adopt a tax rate. Mr. Clark explained the ordinance is more specific - it actually segregates the tax rate. Mr. Annibale corroborated Mr. Clark's statements and pointed out that, if the Coun- cil fails to act, the Charter requires that the City automatically set the rate for the preceding fiscal year, which was ,t2.20 in this instance. It would, therefore, follow that the Auditor would have to adjust his apportionments accordingly. Councilman Collischonn stated that, due to his very recent appointment to the Council and also to the fact that he had not participated in all of the budget discussions, he did not feel completely qualified to comment. However, he said it is a perfectly practical matter and the City is faced with a dilemma it has to meet and, although he is sympathetic with the expressions of economy, he is in favor of adopting the budget resolution. President McCall read a statement summarizing the budget and tax rate situation, pointing up the fact that, rather than handicap the new City Manager with a tax rate of only 2.20, he would vote for the rate of Councilman Petersen further reviewed in detail the economic situation. The question was then put and the motion was carried on the following vote. Ayes: Four. Noes: Councilman Petersen, (One). Absent: None. Councilman Petersen explained his vote by stating he didnot feel the Council should take money from this fund, which will revert to the City in 1961, because the basic issue is to conserve resources. Eventually, these monies will make a good capital improvement fund for civic purposes. 15. "Resolution No. Approving and Adopting a Budget for the Fiscal Year 1957-58; Appropriating Certain Moneys for the Expenditures Provided in Said Budget for Said Fiscal Year and Ratifying Certain Expenditures Heretofore Made." Mr. Annibale suggested the order of business be revised and this resolution be pre- sented after "Ordinances for Passage" as it is not yet known what the tax rate will be. It was so ordered. 16. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution 5703 Resolution of the Council of the City of Alameda Authorizing Neil P. Clark, Acting City Manager, to Sign for and Accept Surplus Federal Property Under Public Law 655." 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. The President thereupon declared the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 17. "Ordinance No. 1249, New Series An Ordinance Amending the Alameda Municipal Code by Adding a Certain Subdivision and Repealing a Certain Subdivision of Section 17-364.1 Thereof, Relating to Time Limits in Parking Meter Zones." (South side of Webb Avenue, near Park Street) 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: Five. Noes: None. Absent: None. 18. "Ordinance No. 1250, New Series An Ordinance Fixing the Rate and Levying a Tax on All Real and Personal Property in the City of Alameda for the Fiscal Year 1957-1958, and Apportioning the Same Among the Several Funds of the City." Upon request, Mr. Annibale stated that, from the discussion tonight, he understands there is a difference of opinion between a 82.26 rate and a 82.20 rate. He explained the procedure to be followed at this point, stating the ordinance which the Council is now acting upon is the one previously introduced at the adjourned regular meeting held September 10. (This provided for a tax rate of $2.U7). If the $2.26 rate is desired, an amendment should be put on the floor changing the necessary figures therein, as previously explained. Upon passage of that amendment, the ordinance will be considered amended and then a vote will be taken on the ordinance as such. That will require only three "Aye" votes to pass. The second ordinance, under the emergency measure, as introduced tonight and as pre- viously explained,is merely to afford the greatest amount of protection as to the tax rate. He said it is his opinion that the original ordinance, if passed as amended is the valid rate - whereas, the emergency ordinance would require four "Aye" votes. Councilman Schacht moved the ordinance introduced on September 10, and listed on the Agenda for passage tonight, be amended by substituting the figures $2.26 as the tax rate in place and stead of the amount of $2.47 - and also that the apportionment to the General Fund be amended by substituting the figures $1.0878238 in place and stead of $1.2978238. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Councilmen Collischonn and Schacht and Presi- dent McCall, (3). Noes: Councilmen. Freeman and Petersen, (2). Absent: None. Mr. Annibale stated the ordinance, as amended to the 82.26 tax rate, is now before the Council for action. Councilman Schacht thereupon moved the adoption of the ordinance. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Councilmen Collischonn and. Schacht and President McCall, (3). Noes: Coun- cilmen Freeman and Petersen, (2). Absent: None. There ensued considerable discussion as to the advisability or necessity of acting on the ordinance introduced earlier in the meeting as an emergency measure. It was determined it was superfluous as it sots up the identical rate already adopted. The meeting was then referred back to "Resolutions". RESOLUTIONS: 19. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5704 Approving and Adopting a Budget for the Fiscal Year 1957-1958; Appropriating Certain Moneys for the Expenditures Provided in Said Budget for Said Fiscal Year and Ratifying Certain Expenditures Heretofore Made." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Councilmen Collischonn and Schacht and President McCall, (3). Noes: Councilmen Freeman and Petersen, (2). Absent: None. The resolution was declared adopted and passed. FILING: 20. Specifications No, MS 9-57-23 - For furnishing Athletic Supplies and Equipment for Recreation Department. 21. Budget - City of /Alameda - Fiscal Year 1957-1958. BILLS: 22. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $57 170 • 10 7 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 Petersen moved the bills as itemized in the List of Claims filed with the City Clerk on September 17, 1957, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 258 ADJOURNMENT: 23. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, October 1, 1957, at 7:30 olclock p.m. Respectfully submitted,