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1957-12-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, DECEMBER 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 Invoca- tion delivered by The Reverend Mr. Herbert Guice, Pastor of Bethel Missionary Baptist Church. ROLL CALL: The roll was called and Councilmen Collischonn, FreemanI.Schacht and President McCall, (4), were noted present. Absent: Councilman Petersen, (1). (Councilman Petersen arrived during the course of the meeting, as indicated at the proper point.) MINUTES: 1. The minutes of the regular meeting held December 3, 1957, were approved as transcribed. OPENING OF BIDS: 2. One bid only was received and read for Operating Refreshment Concession in Wash- ington, Lincoln, Krusi, McKinley and Godfrey Parks during the two-year period from January 1, 1958, through December 31, 1959 - from Mr. Pete Alexander in the sum of $4,012. The bid was accompanied by a check in the amount of $401.20. The bid was referred to the City Manager for review and recommendation. WRITTEN COMMUNICATIONS: VI 3. From DeLeuw, Cather & Company, signed by Mr. A. O. Olson, Manager and Chief Engineer, setting forth current and proposed travel time in connection with the con- templated train-bus shuttle operation on the San Francisco-Oakland Bay Bridge. It was also pointed out busses are affected by road delays caused by traffic tie-ups on the bridge, while trains move unhindered on their private right-of-way. President McCall stated there is a resolution on the agenda in reference to this mat- ter and the communication will, therefore, be referred to the file on the subject. 4. From Alameda Chamber of Commerce, signed by Mr. Jerry C. Jacobs, President, recommending the five per cent preference rule be followed on all materials and sup- plies purchased by the City, as provided in Sec. 3-16 of the City Charter. President McCall pointed out the Charter section in question refers only to pur- chases which amount to over one thousand dollars, on which purchases a call for bids must be made and, also, the Charter stipulates the preference "may" be allowed by the Council - not "shall" be allowed. Upon request, Mr. Weller stated it is obviously the responsibility of the City to buy its supplies and materials at the cheapest possible price, commensurate with adequate quality. He felt it is true that if there is a requirement to purchase goods in one particular location, regardless of price, in substance, the general taxpayer of the City is going to have to subsidize that particular merchant. He said this is, per- haps, one factor the Chamber has not adequately taken into account. Councilman Collischonn, speaking of purchases amounting to less than one thousand dollars, cited a certain instance where the difference between prices quoted was very narrow and inquired if it would be legally possible to buy from the local mer- chant even though his price was second low to that of a firm outside the City, pro- vided he would meet the lower price. Mr. Annibale stated it would be legally possible because all purchases under one thousand dollars are made, generally, at the discretion of the City Manager and he is not obligated to accept the lowest bid, the highest bid, or any bid but what he considers to be the "best" bid. The Council of the City of Alameda can direct the City Manager as to what policy it would like to formulate insofar as purchases under one thousand dollars are concerned. He pointed out the process of informal bidding is not bidding, per se, but merely asking for quotations and the City Manager, as Purchasing Agent, has the discretion to accept a change or modification in a quotation. Mr. Weller stated this kind of procedure actually defeats the whole purpose of the bid process. If the City is calling for bids, whether they be formal or informal, the price offered in good faith ought to be the final price on which its decision is based. He felt, however, all elements of a purchase ought to be considered and there are times when the bid which is ostensibly low is not so in fact, when one considers service, delivery and that typo of thing. He said he would go along with the premise that if the goods offered are approximately equal in price and quality the City should patronize the local merchants. 94 Following further discussion, during which all agreed the local businessmen should be patronized as much as possible, President McCall asked the City Manager to answer the Chamber's letter, informing it of the Cityls policy with regard to its purchases. It was so ordered. 5. From the Women's Auxiliary of the Apartment House Association of Alameda County, signed by Mrs. Clara A. Stirrat, Secretary, urging that any petition for a "Pay TV Franchise" be denied. The letter was referred to the file on the subject by President McCall who stated the City Attorney is keeping a watchful eye on this situation. 6. V From Mr. Leland W. Sweeney, Chairman, Board of Supervisors of Alameda County, reporting on the proposed lighting improvements in Posey Tube. It was stated the County Surveyor and Road Commissioner had informed him the preparation of plans and specifications for the installation of an intensive lighting zone in the Alameda entrance and around the curve within the tube should be complete in January. Mr. Sweeney expressed hope the work would proceed as soon as possible. President McCall said he felt a letter of thanks should be written to Supervisor Sweeney for checking on this matter for the Council and directed the City Clerk to write said communication. ORAL COMMUNICATIONS: 7.1 Mr, Frank Gottstein, 731 Haight Avenue, addressed the Council, thanking it for the speedy action taken to help relieve the Webster Street traffic congestion, as suggested by him at the last meeting. Mr. Gottstein also called attention to the hazardous condition being created by people throwing bottles, cans and other debris along the south shore. He felt some action should be taken to obviate this situation. Upon inquiry, Mr. Annibale stated the City has an ordinance insofar as littering or defacing property is concerned. President McCall asked him to send copies of said ordinance to the Councilmen for their information, and also stated he felt the Council would be interested in discussing the situation with the City Manager and possibly taking some action. He assured Mr. Gottstein the matter would be given attention. HEARINGS: ),1 8, The matter was called up concerning the proposed vacation of a portion of Mound Street, south of Waterton Street. The Clerk stated the Affidavits of Publication and Posting Notice were on file and no protests against the proposed abandonment had been registered. There being no protests voiced at the meeting, the matter was referred to "Resolutions". REPORTS OF COMMITTEES: 9. From Chief of Police Floyd E. Drake, submitting the name of Mr. Arthur Bicknell for appointment as a Trustee of the Pension Board, for the term commencing January 1, 1958, and expiring December 31, 1960. The matter was referred to "Resolutions". V 10. From Mr. Dallace W. Ogilvie, tendering his resignation from the City Planning Board, effective December 15, 1957, due to the fact his work has made it necessary for him to move to the City of Irvington. President McCall acknowledged the fine service rendered to the City and the great amount of time devoted to the work of the Planning Board by Mr. Ogilvie. He asked the City Clerk to write a letter of commendation and appreciation to Mr. Ogilvie for his services on behalf of the Council and the citizens of the City. Councilman Collischonn supplemented the President's remarks by stating he had the pleasure of working with Mr. Ogilvie while a member of the Planning Board and he believes he is a veryc apable man and contributed a great deal to the City during his term on the Board. Councilman Schacht thereupon moved the Council accept, with reluctance, the resigna- tion of Mr. Ogilvie and a letter of thanks for his service be forwarded to him. The motion was seconded by Councilman Collischonn and on roll call carried by the follow- ing vote. Ayes: Four. Noes: None. Absent: Councilman Petersen, (One). 11. From the City Planning Board, signed by Mr. A. Raymond Schoenfeld, recommending the reclassification of certain property bounded by Benton and Arbor Streets and Buena Vista Avenue and the northerly property lines of those lots fronting on Pacific Avenue, from the "B" Two-to-Four Family Dwelling District to the "D" Commercial District. Councilman Freeman raised several questions concerning the proposed rezoning and Mr. Schoenfeld, Planning Director, was called upon to explain the situation. He dis- played two maps of the area which indicated the surrounding land use and zones as well as those of the property under consideration. Mr. Schoenfeld stated the Planning Board felt this was a logical reclassific ation of these two blocks between Arbor and Benton Streets as they are immediately across from an "H" Heavy Industrial District and thus would provide a buffer zone between industry and residences. He said there are, at present, several old homes along the south side of Buena Vista Avenue in these two blocks but the area would never be considered adequate for new residential development. He pointed out the rezoning to "D" Commercial District would tie in with the "C-3" District which is contemplated for this area under the proposed new Zoning Ordinance. Mr. Annibale interjected the remark that gas stations are perm itted in "D" Districts but, even in "D" Districts, there are additional restrictions with regard to yard areas, setbacks, landscaping and maintenance of the property. (Section 11-1337 of Ordinance No. 724, New Series - "Zoning Ordinance", provides that a gasoline service station shall be permitted in the "D" District only upon the securing of a use permit.) Councilman Freeman inquired if the area had been posted and if cards had gone out to the adjacent property owners, to which Mr. Schoenfeld replied that Notices had been posted in the vicinity and the Resolution of Intention had been published, but postal cards had not been sent out to individual property owners. Councilman Freeman said the Council had discussed this point at one time and it was felt that, where a change likethis Is contemplated, the people immediately affected should be informed by postal card of the proposed action. She mentioned she was in favor of, and would support, the Board's recommendation, if there were no protests. Mr. Schoenfeld felt he could honestly state there were no genuine protests at the time of the Board's Hearing on the matter. However, Councilman Freeman still felt postal cards should be mailed to all adjacent property owners before any further ac tion is taken, and so recommended. Mr. Annibale pointed out the ordinance appearing on the agenda is merely up for introduction this evening. The next meeting of the Council will be the early part of January and he suggested the ordinance stand introduced and, during the interim, the Planning Director can sent out the postal cards to the abutting property owners and the Council can be informed of the results before the ordinance is up for adoption. This being agreeable, the matter was referred to "Introduction of Ordinances". V 12. From the Mayor, nominating Messrs. Johnny Vergez and Maynard R. Moody for re- appointment as members of the Advisory Golf Commission, for terms expiring Decem- ber 31, 1961. The matter was referred to "Resolutions". 13. From the Library Board, signed by Mr. Wallace D. Miracle, President, submitting an estimate of cost in the total amount of 1138,869. 34, based on current rates of salaries and utilities, for maintaining service at the Public Libraries on Sundays. It was stated the Board is not opposed to keeping the libraries open on Sundays but feels adequate service is being offered the community under the present schedule. Also, since the Board has received no requests from the citizens for expanded serv- ice, and no provision was made in the budget for the additional expense, it is not imperative at this time to make a change. Further, it was stated that, if there should be sufficient demand for a periodicals service only on Sundays, after the Council has relocated the Alameda Historical Society elsewhere, the Board will fur- ther explore the possibility of opening the present Historical Room to that use. Councilman Schacht stated he had originally asked for information about the cost of opening up just one small section of the Main Library where the periodicals could be available - and the reports thus far have included the Branch Library and Children's Library as well as the Main Library in its entirety - all of which costs about S9,000. He contended there is still not sufficient information on the cost of just maintaining the periodicals section by fencing off this portion of the Main Library and having only one employee in attendance. He felt the Council would then be able to determine if such cost would be justified. Following some further discussion, President McCall asked the City Manager to arrange a meeting at which Mr. Miracle, Councilman Schacht and himself could discuss this matter further. It was so ordered. INTRODUCTION OF ORDINANCES: 14. 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 Reclassifying Property by Adding Section 85 to Ordinance No. 725, New Series." 9 15. Councilman Freeman introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (29), (30) and (31) to Section 17 -3L2, Relating to Two -Hour Parking Limit." UNFINISHED BUSINESS: 16. From the City Manager, reporting on the request from Mr. Howard Hiatt, 3281 Garfield Avenue, to erect a fence eight feet in height along his side property lines. This matter had been referred to the Planning Director for his investigation. In accordance with Mr. Schoenfeld's favorable recommendation, Mr. Weller also recom- mended the fence - height variance be granted, as outlined by Mr. Hiatt. Councilman Collischonn moved permission be granted to Mr. Howard Hiatt to erect an eight -foot fence along his side property lines at 3281 Garfield Avenue, as recom- mended by the Planning Director and City Manager. The motion was seconded by Coun- cilman Schacht and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman. Petersen, (One). RESOLUTIONS: 17. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5727 Resolution Setting the Effective Date of Order of The Council of the City of Alameda Vacating a Portion of Mound Street in the City of Alameda as Set Forth in Resolution No. 5728 of the Council of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Petersen, (One). 18. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution. No. 5728 Ordering the Vacation of a Portion of Mound Street, in the City of Alameda." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Petersen, (One). At this point, Councilman Petersen arrived at the meeting and was noted present. 19. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5729 Resolution of the Council of the City of Alameda Protesting the Elimination of the Rail Area on the Bay Bridge and Directing That Necessary Action be Taken by the City Attorney to Retain Such Rail Area." 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. 20. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5730 Cancelling City Taxes on Property Acquired by the City of Alameda for Municipal Purposes (Godfrey Park)." 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 Schacht, who moved its adoption: "Resolution No. 5731 Appointing Member of the Pension Board." (Arthur Bicknell) 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 Freeman, who moved its adoption: "Resolution No. 5732 Appointing Members of the Advisory Golf Commission." (Johnny Vergez and Maynard R. Moody) 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. President McCall thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 23' "Ordinance No. 1257, 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 and 1232, New Series, and All Other Ordinances and Parts of Ordinances in Conflict Herewith." Upon request, Mr. Hanna stated that, periodically, the City has to bring its Building Code up to date and adopt a new Uniform Building Code (later edition) which is the most accepted Code on the Pacific Coast. This Code has gained such recognition that now the organization is known as The International Conference of Building Officials and its standards are well respected. Councilman Collischonn 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. FILING: 24. Financial Statement - Bureau of Electricity, as of October 31, 1957 - Verified by George A. Hackleman & Co. 25. Auditor's Financial Statement - City of Alameda, as of November 30, 1957 - Verified by George A. Hackloman & Co. BILLS: 26. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the total amount of $22,488.46, 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 17, 1957, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 27. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, January 7, 198, at 7:30 o'clock. Respectfully submitted,