Loading...
1957-12-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, DECEMBER 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 which was followed by an inspir- ing Invocation delivered by The Reverend Mr. 0. T. Erickson, pastor of Trinity Lutheran Church. 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 November 19, 1957, were approved as transcribed. WRITTEN COMMUNICATIONS: 2`. A petition was presented, signed by 286 persons, addressed to both the City Plan- ning Board and the Council, requesting that, under no circumstances, shall any provi- sions be included in the proposed zoning ordinance for the City of Alameda, which would permit the transition of single family residences in R -1 zones to multiple family dwellings. President McCall noted the Planning Board had also received this petition and the matter is before it for consideration. He suggested the petition be referred to the file on the subject pending a recommendation from the Board. There being no objec- tions, it was so ordered. 3�. From Boy Scouts of America, signed by Mr. R. D. Clark, Scout Week Chairman, requesting that Tuesday, February 4, 1958, be declared "Scout Day in Government ", and those participating be honored at the Council Meeting that night. President McCall stated this event has become a tradition in the City and, if there were no objections, such will be the order. He asked Mr. Neil Clark to coordinate the plans. for said Scout program. fir. From Mr. Kenneth Humphreys, Chairman of the Reviewing Stand for the Veterans Day Parade, expressing appreciation to the City and its officials - particularly Mr. Harry Moore, Maintenance Superintendent, for their cooperation and fine support of the occasion. President McCall thanked Mr. Humphreys for his commendation and said he was sure everyone fully enjoyed the Veterans Day Parade which was a great boon to the City and it gained national recognition. 5. From George A. Hackleman & Co., Certified Public Accountants, and City auditors, making certain recommendations with regard to strengthening the City's internal con- trol and the physical safeguards over handling of securities, as follows: (1). That the American Trust Company be instructed to require two signatures, one from each the Auditor's and Treasurer's Offices, before permitting access to the City's safe deposit box and (2) That the City arrange with the Trust Department of a local bank to hold and service the City's investments in securities. It was stated the bank service charges would be justified on the basis of added safeguards to the City. Upon request, Mr. Weller stated the first item had to do with the occasions when the City Treasurer had to get into the safe deposit box to pick up bond coupons and that type of securities. Mr. Collischonn moved the recommendations of the Certified Public Accountants be accepted. 'The motion was seconded by Councilman. Schacht. President McCall asked the City Manager to comment on the second item. Mr. Weller stated the charge for said service would be about $365. per year, and the City would still have to service the Government Bonds it holds. He said the basis on which Mr. Hackleman made his suggestion is that he feels the City Treasurer is underbonded. Mr. Weller said, however, he did not believe the implication is valid, because he did not see any particular reason why the Treasurer should be bonded for the full amount of all the securities of the City. He said it would be his personal opinion that the present bond is perfectly adequate, particularly if there is the requirement of two signatures. He did not see any strong advantage, either, in trying to get the Trust Department of one of the banks to handle the servicing of the securities. He did not consider the recommendations were particularly important or that they would add significantly to the internal security of the City's funds. It was determined to check into the matter further, through the City Manager, before taking any action. Therefore, with the consent of his second, Councilman Collischonn withdrew his motion. 6. From Mr. Jack G. Blue, County Clerk of Alameda County, requesting the Council pass a resolution endorsing the "Door -to -Door Registration of Voters Throughout Ala- meda County during February, 1958. The matter was referred to "Resolutions ". J 7. From Alameda Chamber of Commerce, signed by Mr. Jerry Jacobs, President, sug- gesting the Council adopt an official resolution urging all City Departments to redouble their efforts to speed up the work in the development of the South Shore so that the land will be brought to its highest value and thereby increase the tax base and stimulate the City's economy. Also, proposing to the Council and to Utah Construction Company that the matter of "flush crosswalks" be resolved by indepen- dent outside experts - the experts to be mutually agreed upon by the City and "Utah" - to make a survey, submit a report and then make a recommendation. It was stated both parties should agree now in advance to accept the recommendations of an outside expert - and the cost of retaining the expert should be borne by "Utah ". Upon request of Councilman Collischonn, the letter was read in full. Councilman Collischonn said he would strongly recommend that the Council accept the recommendation of the Chamber and have this outside expert opinion to inform it exactly what is involved in the matter of flush curbs versus the conventional curbs. He said he would not like the Council to commit itself to the results of the survey but he felt it is highly important - since some of the Council felt they did not have sufficient information - that this study bring to light all details in connec- tion with the two different types of structures. Councilman Freeman commented this matter has come before the Council twice and it has been voted down twice. She asked if the Council would be setting a precedent in that, whenever anyone comes in with something he determines is best for the community, whether the Council agrees or not, it may re -open the whole subject and go back over it. She said she did not like the idea of setting such a precedent. Councilman Schacht questioned the Council "agreeing in advance to be bound by the recommendation made ". It was determined the Council could not legally do so. President McCall expressed his personal opinion of the letter, pointing up the fact that all of the City staff has tried to do the best job it could possibly do - every - one has been working at a maximum and the only way to redouble the efforts would be to increase the force. He felt any criticism should be directed to the City Manager first, and he then can analyze the problem. He said he thought this is criticism and it has a morale - breaking effect upon the employees of the community. With regard to the flush crosswalks, he said he had to agree they had been in effect in Alameda for many years and, therefore, they were not something new. Finally, he said he did not think anyone should ask the City Council to be bound by this type of procedure - in other words, asking the Council, who has to weigh the facts, to agree, before it even gets the report, that it will go by someone else's answer. He concluded by stating that he looked at the South Shore development from one point of view and that is for it to go ahead as fast as possible. That is why he brought up the mat- ter of flush crosswalks at the last meeting - to bring it to a head and make a decision so the developers would know where they stood. He felt the suggestion of a survey now would just be another delay in the completion of the project. Councilman Collischonn said he had considered the matter primarily because he thought it was an answer to some of the questions which were raised at the last meeting. One or two of the Council members commented they did not have enough information. He felt this would give an opportunity for those who questioned the advisability of adopting the conventional -type curbs for them to have more facts before them and, perhaps, make a more logical decision. Councilman Freeman stated she had checked into this matter very thoroughly. She said . one of the things that pleased her very much at the Ground Breaking Ceremony was that she learned the money is available and the project is going ahead full force and there is now no reason whatsoever for any delay. ORAL COMMUNICATIONS: 8. At this time, President McCall stated it is his privilege and pleasure to note the attendance of the Civics Class of the Adult Education Program of Alameda High School - with its instructor, Mr. Frisco Sartor. He welcomed the group and expressed appreciation for its participation. J 9. Mr. Jerry Jacobs, President of the Alameda Chamber of Commerce, addressed the Council in reference to the letter from the Chamber - stating it had, at no time, any intention of belittling the City employees. By doubling our efforts, the Chamber means it is time we "open our arms' and agree that these people have come into our community to do us good. They are going to develop homes, beaches and shopping centers which mean revenue to the City - tax revenue - that is what we are interested in at the Chamber of Commerce level. With regard to the type of crosswalks to be used, he said the Chamber tried to make a survey but it found immediately that it was a job for experienced engineers. However, it was ascertained that Hayward, San Leandro, Oakland and Berkeley all have raised curbs. He felt it is a very equitable approach, as suggested in the letter - to get an outside engineer or engineering con- sultant - a disinterested party - by Utah or by the City. The City Engineer could be appointed, if agreeable, to make the selection. Let the recommendations be made and if flush curbs are the answer, wonderful - if they are not, then it is not so wonderful. The City asks for flush curbs without this consideration and the City is burdening the people who intend to buy and live in this new community, because they are the ones who will pay for them - the flush curbs are more expensive. He said he would like to see the Chamber's suggestion accepted and have an outside engineer or consultant submit a recommendation. Councilman Collischonn thereupon moved the Council accept the recommendation of the Chamber of Commerce to have an outside engineering firm make a study of this difference between flush and conventional -type curbs and submit a recommendation both to the City Council and to Utah Construction Company. The motion was seconded by Councilman Schacht. The City Attorney asked that the motion be amended to include, "at no expense to the City of Alameda ". Councilmen Collischonn and Schacht so concurred. Councilman Schacht inquired of the City Attorney if, in the event Utah undertook to pay the person making the survey, there would be any conflict of interest. Mr. Annibale replied that, as a matter of general law, this would weigh upon the indepen- dence of such expert - the fact that they were paid by one particular organization and not the other - but it would merely be a factor to weigh in the consideration. Following further discussion, and with the consent of his second, Councilman Collischonn withdrew his original motion and then moved the Council accept the recommendation of the Alameda Chamber of Commerce for Utah Construction Company, at its sole expense, to engage the services of a representative engineering firm, acceptable both to the City of Alameda and to Utah Construction Company, to investigate and report on the advisability of flush crosswalks as compared to the conventional -type, with the ex- press proviso that neither party will be bound by such recommendation. The motion was seconded by Councilman Schacht. Speaking on the question, Councilman Petersen asked the City Attorney what he meant by the term "neither party will be bound by such recommendation ". Mr. Annibale an- swered that the City cannot legally be bound and from that, it follows equitably, the City should not expect the other party to be bound. In response to further questions from Mr. Petersen, Mr. Annibale stated the problem is really one of dele- gation of legislative authority and the Council cannot delegate its legislative authority to any third party. If the Council agreed to be bound by this independent expert, it would, in effect, be delegating that authority. The Council could not be bound to make a decision in conformance with a recommendation - in other words, it would merely be a recommendation for the Council's consideration and deliberation. A great deal of discussion ensued on the subject. Councilman Freeman brought out the fact that Utah Construction Company, itself, has never submitted a written request on this issue. She said she would like to have a letter from the Company, stating its position - whether or not the project will be hampered to any extent if flush cross- walks are maintained - at the same time as it submits its request, and to do it through proper channels. She felt it is not up to the Council to ask for a survey because the Company can do that any time it so desires. The question was then put and the motion was lost on the following roll call vote. Ayes: Councilmen Collischonn and Schacht, (2). Noes: Councilmen Freeman, Petersen and President McCall, (3). Absent: None. HEARINGS: 10. The matter was called up concerning the request from the City of Alameda to Amend the Diagram and Assessment of a Certain Parcel of Land in the Bay Farm Island Sewer Assessment District, Project No. 1 - that Parcel No. 121 be segregated into two parcels to be known as Parcels Nos. 90 -25 and 133. The Clerk stated the Affidavit of Publication was on file, showing the Notice of Public Hearing had been published twice as required by law. The report of the City Engineer was also on file. The Clerk also stated no protests had been filed in her office. President McCall asked if there were any protests to the requested amendment. There being none, Councilman Petersen moved the request be granted and the Diagram and Assessment of Parcel No. 121 of said District be amended as set forth. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF COMMITTEES: 11. From the Mayor, City Manager and City Auditor, reporting on the Count of Money, held November 21, 1957 - showing there was $2,882,331.10 in the City Treasury at that time. Councilman Schacht moved the report be accepted and filed. The motion was seconded by Councilman Freeman and unanimously carried. 12. From the City Manager, recommending an extension of sixty days' time be granted to Manuel Marques, Jr., for completion of work on Construction of Interceptor Sewer and Lift Station Northerly of the Estuary Housing Project - with the proviso that he be required to pay for the engineering inspection costs during that time. Councilman Collischonn moved the City Manager's recommendation be adopted; that the ;J0 designated extension of time be granted under the condition set forth. The motion was seconded by Councilman Petersen and unanimously carried. 13. From the City Manager, reportinE all work satisfactorily completed on the pro- ject of Item No. 4, Landscaping for Woodstock Park and Playground - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Petersen moved the City Manager's recommendation be approved; that the work on the specified project be accepted and the Notice of Completion be filed. Te motion was seconded by Councilman Schacht and unanimously carried. 14. From the City Manager, reporting all work satisfactorily completed on the pro- ject of Ditch Lining with Airblown Mortar or Concrete at the New Golf Course - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Schacht moved the City Manager's recommendation be followed; that the work on the project in question be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Freeman and unanimously carried. INTRODUCTION OF ORDINANCES: 15.f 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 Regulating the Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Conversion, Demolition, Occupancy, Equipment, Use, Height, Area and Maintenance of All Buildings and/or Structures in the City of Alameda; Providing for the Issuance of Permits and Collection of Fees Therefor; Providing Penalties for the Violation Thereof; and Repealing Ordinances Nos. 1002, 1114, 1120, 1232, N. S., and All Other Ordinances and Parts of Ordinances in Conflict Therewith." Upon request, Mr. Weller explained this ordinance simply adopts, by reference, the Uniform Building Code, 1955 Edition, in lieu of the 1949 Edition, under which the City has been operating for some time. It also contains provisions for certain deviations from the Code as building conditions vary somewhat in every city. Mr. Hanna further explained some of the modifications stipulated in the ordinance. NEW BUSINESS: V 16. Councilman Petersen stated he had spoken to the City Manager recently about collecting fees from agents who come into the community to sell merchandise and who have no peddler's license. He said he has received complaints in this respect from several merchants in the community - and wondered if it would be possible for the City to "clamp down" on those who are violating the business license ordinance. President McCall concurred in this point and said he felt it should also be the responsibility of the merchants themselves who could identify these people. He thought the Chamber of Commerce could be notified of the situation and their coopera- tion asked in bringing any cases to the attention of the City Manager. Mr. Annibale pointed out the business license ordinances are now as stringent as they can possibly be under the law with regard to this particular activity. He said this is not the first time the situation has arisen - but the problem is that of enforcement. He stated it is a matter of when these violations come to the knowledge of the businessmen they should report them to the City with the full details so it is aware of the situation and can then take action. RESOLUTIONS: 17. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5721 Adopting Specifications for Operating Refreshment Concession in Washington Park, Lincoln Park, Krusi Park, McKinley Park and Godfrey Park, for the Period Commencing January 1, 1958, and Ending December 31, 1959, Calling for Bids and Directing City Clerk to Advertise Same." 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. 18. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5722 Amending Salary Resolution No. 5656, by Changing the Range Number for the Position of Radio Technician, in the Police Department, from Range No. 46 to Range No. 48." 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. 19. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5723 Resolution of the Council of the City of Alameda Endorsing and Urging Full Support of a Door-to-Door Voter Registration Drive Within the County of Alameda." 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. 20. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5724 Approving First Supplemental Memorandum of Agreement for Expenditure of Gas Tax Allocation for Major City Streets and Authorizing the Execution Thereof." 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. 21. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5725 Transferring $750.00 from Contingent Fund 199.200 to First Aid Account 143.423 (Capital Outlays - Other Equipment)." 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. 22. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5726 IN MEMORIAM TO ARTHUR A. HOBE "WITH HEARTFELT GRIEF, the Council of the City of Alameda records the death of one of its loyal, civic-minded citizens, ARTHUR A. HOBE, a member of the Pension Board of the City since January 1, 1953. "WHEREAS, Mr. Hobe had also been a prominent member of fraternal organi- zations of the City for many years; and "WHEREAS, he had performed the duties of the several offices he held with diligence and efficiency. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of his worthwhile contribution of service to the City and the high esteem in which he was held by all of his associates, the Council of the City of Alameda does hereby express its sense of personal loss and its appreciation to Mr. Hobe for his commendable participation in City and other community activities. "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. Hobe, that it may extend to its members a sincere expression of sym- pathy 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 ARTHUR A. HOBE." 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. President McCall spoke in eulogy of Mr. Hobe and stated the City has indeed lost a very fine citizen. President McCall thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 23. "Ordinance No. 1256, New Series An. Ordinance Authorizing the Execution of a Lease to Certain Real Property to the State of California and Approving the Form and Terms Thereof. (North End of Grand Street)" (Angling Access Area and Small Boat Ramp) 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: Five. Noes: None. Absent: None. FILING: 24. Specifications No. MS 12-57-24 - For Operating Refreshment Concession in Several Parks for two -year period from January 1, 1958, through December 31, 1959. 25. First Supplemental Memorandum of Agreement - Between State of California and City of Alameda for Expenditure of Gas Tax Allocation for Major City Streets. BILLS: 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of X2.0,001.45, was submitted to the Council at this meeting. The list 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 December 3, 1957, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 4 27. At this point, Mr. Frank Gottstein, 731 Haight Avenue, addressed the Council concerning the congestion of traffic on Webster Street - emphasizing that, in the event of a fire in the industrial area, the fire trucks could not get through. He suggested the situation be investigated by the City Manager. President McCall asked the City Manager to confer with the Chief of Police on this traffic problem and request a ren_ort and recommendation on the condition. It was so ordered. 28. Councilman Petersen referred to the funds which the County Board of Supervisors has appropriated to improve the lighting in Posey Tube. He suggested an inquiry should be made of the Board of Supervisors to ascertain when this particular under- taking will be effected. President McCall asked the City Manager to check on this matter. It was so ordered. 29. President McCall noted the presence of several members of the Alameda- Contra Costa Transit District. He introduced Mr. Robert E. Nisbet, Attorney - Secretary, and asked that he, in turn, introduce his associate officers, as follows: Messrs. J. Howard Arnold, Director, Ward II; George Taylor, Administrative Officer; William Bettencourt, Director, Ward IV; Col. R. M. Copeland, Director at Large, and Mr. A. 0. Olson, Manager and Chief Engineer of the firm of DeLeuw, Cather & Company. ADJOURNMENT: 30. There being no further business to come before the meeting, President McCall asked that all stand for a moment of silence in respect to the memory of Mr. Arthur A. Hobe, and the Council adjourned accordingly - to assemble in regular session on Tuesday evening, December 17, 1957, at 7:30 o'clock p.m. Respectfully submitted,