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1956-07-17 Regular CC Minutes4 REGULAR MEETING OF TUE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING., JULY 17, - - - - - 1956 The meeting convened at 7:60 o'clock P. E. with *resident Kranelly presiding. The Pledge of Allegiance was lead by Councilman Moresi, after which The Reverend Ralph Curtis, GhaiDlain at Alameda Naval Air Station, delivered a most inspirational invocation. 1. The minutes of the adjourned regular meeting held June 29, the regular meeting held duly 6, and the special meeting held July 12, 1956, were approved as transcribed. ROLL CALL: The roll was called and Councilmen Haag, Hove, McCall Vioresi and - resident Kranelly, (5), were noted present. Absent: None. MINUTES: WRITTEN COMMUNICATIONS: From Alameda Chamber of Commerce, signed by Jack Gadsden, General Chairman of Sports Committee, requesting that all license fees be waived by the City Council for the "First Annual Alameda Community Fair and Regatta" to be held August 22, through August 26, 1956 - at the Encinal High School grounds and the Alameda Naval Air Station. The City Attorney stated this matter should be submitted to the Bureau of Licenses Councilman Haag suggested the License Collector check with the Cities of Oakland and San .Francisco concerning their policy in this respect. o. From Encinal Yacht Club, concerning its position in connection with the South Shore development - and. enclosing a copy of a letter received by the Club from Utah Construction Company on this matter. The communication vas ordered filed. 4 From Mr. Paul R. Cowles, 1541 Virginia Street, Berkeley, concerning the pro- posed creation of a Transit District - and protesting against the fact that his lengthy letter of June 23, 1956, was not read in full. He also asked. to be advised when this matter will come before the Council for consideration- Mr. Cowles asked. to speak at this time and explained that he felt his letter should have been read because the matter is of such vital interest and the people should know what the points of protest are. President Kranelly stated the City Council, in considering the adoption of a reso- lution, like every other City Council, is merely calling upon the Board of Super- visors to but this matter on. the November ballot in order that each and every citizen can decide whether or not he wants a Transit District. Councilman Mores1 suggested ;he letter of June 23, be read in full, at this time which, was done by the Clerk - and it was then ordered filed. 5. From the Board of Trustees of Reclamation District No. 2097, enclosing copy of its resolution approving Estimate 8 and calling for payments to Utah Dredging Company under Demand. Warrants Nos. 21, 22 and 23 in the respective amounts of 423,441.64, 4100,000. and :1100,000. The matter was referred to "Resolutions". for decision. 6. From. East Bay Municibal Utility District, thanking the City Counc il for its support and cooperation in the District's fight to obtain additional water ri2hts from the Mokelumne River for the East Bay's future needs. The communication was noted with appreciation. and ordered. filed. 7( From District Public Works Office, Twelfth Naval District, with reference to the proposed lease between the City and the United States of America, covering approximately 159.214 acres of tidelands in the vicinity of the Naval Ai)? Station. It was requested that the lease be amended to delete that portion of paragraph 6 that reads "and, upon demand of the Lessor, the Government shall remove any or all Government owned surface improvements from the demised premises upon the termination. of this lease or any renewal thereof". Upon request, the City Manager explained that this matter had come up about one year ago and, after consultation with the then City Attorney it was recommended that this ‘21 44 provision be included in the lease and it had been granted on that basis. It was still felt this clause should be included. The city Manager was thereupon directed to advise the District Public orks Office that the City Council does not wish to delete this orovision. B From Ur. Phil A. 3aencter, Public Accountant-Tax and Business Consultant, 9516 Golf Links 'wad, 0a,land, on behalf of his clients, Mr. and Mrs. Milton L. Janow, doing business as M & H Ice Cream Co., 1116 Lincoln Avenue, Alameda. Protest was registered against the increased license fee of ,T)",35. per quarter, under Sec. 13-1933 of Ordinance No. 1186, New Series, recently adopted by the Council. The following comparative rates for Peddlers, per person or cart, was listed: Emeryville, 05.00; Hayward, 410.00: San Leandro, z,15.00; Oakland c;;15.00. President Kranelly stated it was agreed that the Alameda rate is considerably out of line in comparison with other cities and it appeared this particular classifi- cation is quite high. Mr. Froerer stated that, from the information contaned in the letter, this matter should be reviewed to bring the rate into an equitable set-up and suggested it be referred to the City Manager and City Attorney for study and recomuendation - and the City Attorney could proceed with the Preparation of an ordinance. In answer to Councilman Moresi's question, the City Attorney replied that the Janows wowld have to pay the first quarter, as the proposed ordinance could not be retroactive. Councilman Haag suggested the figures of other classifications be reviewed also - and Mr. Froerer stated that while checking on this category they would investigate ethers, too, in an attempt to take care of sten discrepancies at the same time. 9. From Mr. .1.dgway Jcpodburn, healtor, ?ost Office Box 1677, Oakland, informing the Council he has a client who is willing to purchase the property of Alaska Packers .,4ssociation, bounded by Pacific and Buena Vista Avenues and Benton and ( Sherman Streets, at a fair market price, for development of multiple-family, garden-type apartments. The communication was referred to "Unfinished Business", at which time the matter of the property of Alaska Packers Association will be discussed. 4 10, From Alameda Chamber of Commerce, signed by John E. Gadsden, Chairman of the Sports Committee, invitin; the City of A]ameda to ourchase exhibit space for the purpose of Inl'orming citizens on City progress and/or future planning during the First Annual Community Fair and Regatta, to be held August 22, through August 2, 1956. President Kranelly stated that since the Chamber is the official and exclusive advertising agency ror the City, he -'bough' it qhonld auona,'ical]y tae care of this. The City Attorney said he would question the legality of the Council authorizing the expenditure of money for this purpose. Councilman Hove felt it was a good idea for the City to have such a booth but agreed the contract with the Chamber provided for such publicity. Councilman Haag thought it was only right that the City indicate its -desire for this booth, and in fact, should request such a display. Councilman Iduresi suggested that, before the Chamber of Commerce went too far with its plans for the booth, it should be requested to confor with the Planning Depart- ment. The City Manager was instructed to convey the Council's thoughts on the subject the Chamber. ORAL COMMUNICA TIONS: 4 11. Mr. Charles Travers of Utah Construction Company addressed the Council, stating there is on the Agenda for this meeting a certain resolution for the adoption of specifications for the fill at Washington ,Park. He said his Company, as one or the prospective bidders, has been endeavoring to ',Nor',- out details for some Proper language for the specifications. In this connection, there is present tonight one of the Soils Engineers from Dames and Moore and they would like to discuss somewhat in detail those specifications 4_n order that there will be no misunderstanding on their part. Upon inquiry, he City Manager stated the specifications have been prepared, Councilman Mbresi suggested the City Manager, Cty Engineer and Mr. Travers and • his associates be excused at this time to discuss this matter. 12. 1/Ir. Marston Campbell, Consulting Engtneer, 150 - 17th Street Oakland, spoke in opposition to the proposed creation. of a Transit District. HEA T NG S 16. The matter was called no concerning the proposed abatement of a public nuisance of a dilapidated building known as 1506 Mbrton Street. The Hearing on this case had been held April 17, 1956, and at that time, action had been deferred for a period of ninety days. Mr. Annibale stated he had received a memorandum. from Mr. James Brumm.r.", Chief of the Inspections Division, that Mr. Duprey (?) had sold the property. A permit had been taken out on July 6, to wreck the building and it is estimated that it will take about three weeks to demolish. the house. He suggested the Council could adopt the resolution covering this matter as it provides thirty days in which to raze the building. The matter was thereupon referred to "Resolutions". la. The matter was presented with regard. to the proposed abatement of a public nuisance of a dilapidated building known as 2316 Lincoln Avenue. This matter was continued from the meeting of July 3, 1956, at tho request of the attorney for the owner. A letter was read from the attorney informing the Council that the owner has agreed to remove all buildings from the property as soon as the tenants can be evicted. He felt the matter will he token care of in this manner and asked that the nearing be continued to the regular meeting of the Council to be held August 21, 1956. The City Attorney recommended this matter be laid over to the meeting specified. There was some discussion as to the eviction of the tenants - how soon that can definitely be accomblished. Mr. Annibale was instructed to address a letter to the attorneys to ascertain this fact. The matter was thereupon laid over, as requested. ilEPORTS OF COMMITTEES: 15. From the Auditor, in -orming the Council he will comply with its request to have the bills prepared in time for listing and delivery on the e'riday before each Council laeetln;. This erocedure will go into effect beginning with the first meeting in ugust. It was no'ed that appropriate action has been taken and the report was ordered filed. 17. From the Oit Manager, anager, recommending Chief r1105 s LT. Lane and Ca ntaln Warren As 'ina11 0' the Piro De-partment be authorized to attend a -'11re Prevention Confer- eece to be held in Sacramento on July 23, 195-, and •10. be appropriated for their expenses. Co -ncilr:an 'dove moved the City Manager's recommendation be adopted; test the designated ennloyees be ae:thorized to attend the Conference as indicated, Ibe motion mac seconded by Councilman L;ores1 and on roll call carried by the following vote. Ayes: Five. Hoes: Acne. Abeent: None. 18. T-7'rom the City Manager, recemmendine; twelve members of the Police Department be granted permission to attend the ,Cifteenth Annual California Technical Institute at the university of Oalivorria, conducted by the California State Deoartment of Education, from July 30, to August 10, 1956, and w135. be appropriated for their expenses. These Officers will tLend the classes on their own time. Uounsilmari Moresi moved the City Manager's PC:COMiendation be approved; that these Officers be permitted to at ,end the institute durin the period specified and %0185. be appropriated or their expenses. The motion was seccnded hy CouncilAan and on roll call carried by the followin:. vote. Ayes: Five. Aces: one. Absent: Llone. The communication was noted and ordered filed. 16. From the City Manager reporting on the investigation Of the traffic situation. on Peach. Street, between Otis Drive and San Jose Avenue - in response to a protest from Mr. Roland T. Heyn, 10d Priach Street, concerning excessive speed along this street. It was pointed out that "25 MILE" and "SLOW" signs have been posted and painted on Peach Street and San Jose Avenue. The area has been given close sur- veillance bv the Police Department a number of citations have been. issued - and the policing will continue. V 19. From the City Manager, recommendin; the bond for the East Bay Excavating Company be released, as requested by the Alameda Board of hducation. The bond was posted in connection with the filling of the site for the 1i11iarn G. Paden School. It was pointed out everything was in order with the exception of the fact that the seawall was not constructed in accordance with the permit issued to the contractor. The School Board, however, has agreed to assume full responsibility for maintaining the seawall in proper condition. Councilman McCall moved the City manager's recommendation be followed and the bond in question be released. The motion was seconded by Councilman Haag and unanimous- ly carried. 20. From the City manager, renorting on his ingniry concerning the clans of the Aegents of University of Call'ornia f'or the develonment of the property on which Vfebster Housing Project No. 1 was located. It was stated the lovernment's use was formally terminated on June 30, 1959 - the buildings have been cleared off and the remaining restoration work will be undertaken in the immediate fu4ure. The Hegents have no concrete plans for the development of the area, but they will entertain proposals for the lease or sale of the land following complete restora- tion by the Public Housing Administration. Councilman Haag recommended this matter be referred to the Industrial Cemmittee of the Chamber of Commerce for immediate action. In response to the mayor's question, Councilman Haag said he felt this Committee would endeavor to ascertain costs involved and take whatever steps necessary to inerest industrial use. The matter was referred to the City Manager to contact the Industrial Committee of the Chamber with specific suggestions as to the use being in line with the City's policy of control. 21. From the City Manager, recommending contract be awardeu to Zamora Wreckil Company, low bidder, for the project of l'drecking and/or Removal of Buildings located on Off-Street Parking Sites, in the total sum of .93,6b0. Councilman Hove said he had thought that possibly the City could make a little money on the removal of these buildings by having it handled by wreckers who would pay the city for the salvage. 7 Councilman iloresi poin'ed out th-,t time is an important element in getting these parkin; sites ready. Councilman Haag concurred, adding that the City has a very tight schedule to get these Properties ready for the holiday parking. Councilman Hove thereupon moved the City Manager's recommendation be adopted: that the low bidder be awarded he contract at the ;rice quoted and the bid bonds or checks be returned to the unsuccessPul bidders. The motion was seconded by Councilman Poresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. From the City wanager, recoml ending contract be awarded to JoSeph Ballinger Company for the nroject of '::recking and/or hemoval of Buildings at Woodstock Park in the total sum of 43,130. It was stated in the letter, however, that the City Engineer has contacted approximately fifty small building wreckers to attempt to secure a better price on the work. Only two quotations ere orocured - from Mr. Eddie Clay and Mr. Dave Gillette, in the respective amounts of q000. and 0_,200. Both of these men would not include in their offers the removal of the structural tile, concrete slab and other foundation work. Therefore, the City would have to pay w810. for this work-, plus 4340. for fill material to eliminate the basements - makin the c)!'fers total 4,2,050. and ,,?2,350. for messrs. Clay and Gillette, respectively. It was pointed out that d. Clay could not furnish a bend or liability insurance and under sir. Gillette's proposed operation, it would be necessary for him to have a State Contractor's License. There was cunsiderable discussion of the subject, it bein pointed out there are no plans for immediate development or vvoodstock Park and, therefore, the matter was referred back to the City manager to review the possibility of Lir. Gillette Proceedinc to obtain his State Contractor's License. 4 23. From the City Nanager, submit'ing a report concern7ng the discharge of sanitary wastes into facilities other than those.of Special District No. 1 of East Bay Municipal Utility District - copy on which had been forwarded to the Regional ,aairer Pollution Control Board. Councilman Mores1 inquired as to what further negotiations had been followed between the East Bay Municipal Utility District and Todd Shipyards Corporation pointing out there was supposed to have ..been an exchange of facilities which would facilitate the disposal of sewage. Mr. Froerer stated he did not know what has been done. The matter was referred to the Committee of the whole. 4 4 INTRODUCTTON OF ORDINI=S: • „•• 24. Councilman McCall introduced the following ordinance, after which it was laid • •••• over under provision of law and the Charter: ,• • "Ordinance No. . ..• • • New Scries r-7 „ .••• i • , t : An Ordinance Amending Section 13-1915 of Part V • • ..• Title XIII, Chapter 1, of the lameda Municipal •,• Code, Relating to 3usiness Licenses and business • .• License Fees for Circus, Carnivals, Fairs, Etc." ..• The Clty Attorney stated this ordinance could b set up to become effective imme- diately upon adoption lf it is the Councils desire - in order ti-it the 1 ewer rate •• • might be in effect as soon as possible. Section 2 of said ordinance could. read, -••• .• "This ordinance, being an ordinance fixing the rate of taxes t o be levied shall be • • ,• , • . u • in full force and effect immediately uoon its final passage•. • i • .•• • • It was so ordered and, therefore, introduced with this provision. .• , was laid 25. Councilman Haag introduced t he following ordinance, after which ••• over under provision of law and the Charter: ,•••• "Ordlance N. New Series • An. Ordinance of the City of Alameda T'000s a ••• • LIcense Tax.• for the Privileq;e of Sel1ind7 TangIble ,•• •••• • • Personal Property at Retail, Providina: for Permits .• ',,...o Retailers, 2roviding for the 6olTectin7 and Paying of Such Tax, Prescribing Penalties for Violations ••• • • • . . • of the l'rovisions Thereof; Repealing tbe spended Provisions of Ordinances :„:Ps. 995 N .S., 1042 6.0. , 1000 N.S., 1093 N.S., 1101 N.S. And. 1160 N.S., as •• • Such Suspended Ordinances are Referred to in. • Ordinance No, 1183 N.S., Relatin to Uniform Local • Sales and Use Tax, and. InSerting This Ordinance in .•• • • the Place and Stead of Sus-cended Ordinances 0o 995 ••• • N.S., 1042 N.S., 1090 .8., 1093 W.S., 1101 N.S. and 1160 N.S." • • 1 , , 1 . 26. Councilman Hove introduced the following ordinance, after which it was laid • • over under provision of law and the Charter: ,• • • :• Ordinance No. •• New Series An Ordinance of She City of Alameda imposing an. • ,• Excise Tax on Storage,. Use, or Other Consumption ,••• • of Tangible Personal Property; Reoealin,g the :• • • Suspended Provisions of Ordinances Nos. 9915 N.S., 1042 N.S., 1090 N.S., 1093 N.S., 1101 M.S., and 1160 N.S., • as Such 6uspended Ordinances are Referred to in Ordinance Nb. 1183 N.S., Relating to Uniform Local • • • • Sales and Use Tax, and Inserting This 0 rdinance in : , the Place and Stead of Suspended Ordinances Nos. 996 N.S., 1042 15.2., 1090 N.S., 1093 6.2., 1101 N.S. and 1110 15 .2."' 27, Councilman Moresi introduced the following ordinance, after which '!t, was laid over under provision. of law and the Charter: "Ordinance lo, New Series- o Ordinance Authorizink-,7, the Exchange of nea 1 Iroperu. m M E. Lee - Bay Farm. Island) UNFINIHED BUSIN SS; 28. The matter was presented. concerning the recommendation from• the City Planning Board that the oetition from Alaska Packers Association for the reclassification of certain of its property be denied. The land in question. is bounded by Pacific and Buena Vista Avenues and Sherman. and Benton Streets, for which rezoning had been requested from the "4" Two-to-Four Family Dwelling p,ristrict to the "G" Light Indus- trial District, for the purpose of constructing a warehouse for canned goods. The Clerk read three. letters vvhich• had been received in connection with the matter.: From Encinal merminals, signed by Mr. D. L. Dullum, President, statinr the Company executives and enr:ineers had endea-ored to fashion a workable design within The 115-foot limitation, as had been suggested at the informal meeting held July 10, but have been unable to fit the Company's operating requirements to the suggested plan. Therefore, the Company's best Proposal is to construct its building with setbacks of 10 Peet on Renton and Sherman Street.s, 17 feet on Buena Vista Avenue and 20 feet on Pacific Avenue. From Mrs. Elizabeth C. Stephens, 1624 an Jose Avenue, ex-pressing the hope the City Council will try to protect the residential character of the neighborhood involved and of the City - ointing out one of the prime objectives of the Master Flan is to "preserve and elevate the residential character of the City", and the Plan shows industry only on the north side of Buena -Vista 2avenue. From Encinal Terminals, signed by Mr. D. B. Mott, with reard to the question of parking in connection with its proposed warehouse. It was stated that within the area of the 20-foot setback on Pacific .-,venue, parking spaces can be provided for those using the building, which area can be screened from the street by either planting a row of shrubbery or installing a fence of residential type. Upon request, the Clerk also read the letter from mr. Ridgway Woodburn in which it was stated he had a client willing to purchase this property at a fair market price for the development of multiple-family, garden type apartnents. President Kranelly inquired if anyone present knew Mr. Woodburn. Miss Petersen, 1213 St. Charles Street, stated Mr. Woodburn used to live on Hawthorne Street and he now lives in Danville. In answer to President Kranelly 's question, Mr. Sumner Graham of Alaska Packers -4,ssociation renlied that this is the first knowledge he has of any offer to purchase the eroperty. Councilman Horesi asked if Encinal merminals would consider selling this nroperty and moving over into the Industrial Park contemplated by the City, because of the definite desire of the People in the neighborhood to keep this area residential and also because the industry weuld the be right next to where it is already established. 1/Ir. VJallace R. Kaapcke, Attorney of 21Jisbur, madison 3 Sutra, stated the Company recognized the Cornell has a di-frit:11, job in reconciling and balancing interests involved in this situation. Encinal Terminals has done everything. it can to lighten the burden the City has. This matter has been given at,tention f or several months non. It first came before the Planning Board in January of this year and, at that tine, was ccntinued at the ',Jompany's request - and was postponed further a couple of times at the request o the Company, with the thought in mind of using only the north half of the block for the warehouse and tryin to work out such plans. Many suggestions of possibilities have been discussed - and on each occasion the Company has given its best consideration to the many interests and ideas expressed - changes have been made in the plans due to various objections - setbacks have been expanded beyond those originally contemplated and the Company feels it has done all it could. Councilman Merest stated that, at the time the matter was first brought before the Planning Board, it was not known that Encinal Housing Project Property would be available for development as an industrial Park. She nointed out the Company might find it could construct ,,,ore adequate facilities there. Mr. Kaapcke stated the nresent property has more advantages, being located just across the street from one of the Company's existing nlants. With regard to Mr. doodburn's letter, he felt it is Presented under suspicious circumstances, with no price or 'ems quoted and being submitted for the first time when the matter is up for final action. He said that any further continuance or' this -atter for the purpose of the exploration of Mr. oodburn's letter wo1d lead into a bottomless pit. He commended the position of Encinal Terminals in that it has tried to mini- mize the objectionable features. There is merit in the development of light industry between residential and heavy industrial districts. The Company's proposal is a reasonable comoromise and he thought all must realize that it is the best compromise that can be worked out in a case where compromise is necessary. Councilman Haag stated the City has a Planning Board and a Master Plan. When agreement could not be reached between the Board and the Company - and all felt positive there could be no houses located there, the City believed the position of Alaska sackers Association is a sound one, since it has agreed to remedy the ob- jectionable features. However, there is now a new circumstance - whether or not it is true will have to be ascertained - that someone is willing to build apartments under the existing zoning, which will then be in compliance wi th the Master Plan. He felt it is only fair that this client have an opportunity to discuss the matter. He agreed it is a most unusual way of doin[, business - but he did not believe the Council could dare assume it is a bogus offer. He suggested the man be contacted and given a limited time in which to make his appearance and submit a bona fide offer. He said he would go along with the rezoning otherwise, but maintained he felt it is only proper to explore this phase of the matter. Councilmen Moresi and Hove concurred in this idea. Councilman LicCall stated that, even though an offer is before the Council tonight and he knows this would be oP great vaiue to he City 's tax base, he believes the members of the Council, on behalf of the peonle of the community, have a Leal decision to make and, therefore, he recomr_ended that the Council adopt the recomrendation of the City Planning Hoard. Mr. Kaapcke suggested the matter wait until the client comes forward to Encinal to make his offer better known, ne said hncinal Terminals would be glad to continue the matter pending that -tme. President Kranelly stated the letter from Mr. 1,,00dburn is a very nebulous one, at best - in the interest or common, ordinary prudence, his letter should have been addressed to Alaska Packers instead or. to the Council. Councilman McCall thereupon moved the Council adopt the recommendation of the Planning Board. Councilman Hove stated both sides have been before the Council and he would suggest that, prior to making a decision, every avenue of investigation be exhausted. He felt the Council should loo K *nto the possibility of this offer beinr, authenLic. Councilman McCall's motion died for lack of a second. Councilman Haag thereupon moved Mr. Woodburn be contacted once; that he make the offer for his client which he states is a fair market price - subject to the acceptance by Alaska Packers Association, because it is its right to charge a fair market price - and the Council hold the ratter in abeyance for three weeks, or until the next regular meeting. The motioa . was seconded by Councilman Hove. Mr. Kaapcke stated it is perfectly plain Alaska Packers Association and Encinal Terminals would rather have the business than a sale - on the other hand, if a good sale is offered, the Companies are willing to listen. They raise no objection to the Council's intention. President Kranelly asked the City Attorney if, in view of the fact that Mr. Wood- burn's letter is addressed to the Council, it is out of line for the Council to answer him. MT. Annibale stated it is in order. The question was thereupon put and the motion was unanimously carried. President Kranelly stated the matter is continued. to the meeting to be held August 7, 1956. In line with Councilman Moresi's suggestion, the City Attorney was instructed to investigate the possibility of negotiating with Encinal Terminals for land in the Industrial Park. In directing his letter to Mr. 000dburn, the city manager was requested to inform him that imlediate action is necessary and he would have until July 24, in which to have his reply in the hands of the City alanager. IL was also suggested that Mr. :Proerer's letter be sent by registered mail. Mrs. Sweeney, 1629 Morton Street, asked if Encinal Terminals would consider offers for sale of its property from other realtors - to which President Aranelly answered that anyone interested should contact Alaska Packers Association. ;Jr, Kaapcke again stated that, very frankly, the Company would rather have its warehouse thana sale - and he realized the Council and the citizens ifl . the area have interests - but he reiterated the Comnany is not actively the market. President Kranelly suggested Alaska Peckers Association contact Mr. Froerer with regard to exploring the possibilities of taking property in the industrial park. He thereupon declared the matter continued to the meeting of August 7, 1956. RESOLUTIONS: 29. The following resolution was introduced by Councilman Moresi, who moved o adoption; esolution No. 5406 Approving Warrants of Board of Trustees of Reclamation District No. 2087." The motion to adopt said resolution was seconded ky Councilman LcCall and on roll call carried by she following vote. Ayes: Five. "Noes: None. Absent: ione. 30. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 5407 Adopting Specifications, Special Provisions and Plans for Construction of Three Parking Lots in Alameda, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. 31. The following resolution was introduced by Councilman Haag who moved its adoption: "Resolution No. 5408 Adopting Specifications, Special Provisions and Plans for Planting and Establishment of Lawn (Second Part) for the New Municipal Golf Course, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Ccu..leilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ;32. The following resolution was introduced by Councilman Hove, who moved its adoption: "Resolution No. 5409 Adopting Specifications, Special Provisions and Plans for Construction of Hydraulic Dredge Fill at Washington Park, Alameda, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman iqoresi and on roll call carried b: following vote. Ayes: Five, Noes : None, Absent: None. 33. The following resolution was introduced by Councilman Ivioresi, who moved its adoption: "Resolution No. 5410 Providing for the Issuance of 3'=')00,000 Principal Amount of 'City of Alameda 1958 Nunicipal Improvement Bonds and for the Iss-ance of Said Bonds in Series; Prescribing the Amount, Date and Form of Series A Bonds of Said Issue and of the Coupons to be Attached Thereto and Pre- scribing the Maturities Thereof; Fixing the Maximum Rate of Interest on the Bonds of Said Issue; and Providing for the Levy of a Tax to Pay- the Principal or and Interest on the Bonds of Said Issue; and Directing Notice of Sale of Said Series A Bonds to be Given." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 34. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 5411 Appropriating and Authorizing Payment of Money for Satisfaction of Judgment, and Other incidental Expenses, in Condemnation Proceedings Against Certain Real Property for Public Off-Street Parking Purposes (Keene)." The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes : None. Absent: lone. 35. Resolution No. Appointing Three Assessment Commissioners for Reclamation District No. 2087 and Terminating the Appointments Contained in Resolution 'To. 5213." (Prescott J. Kendall, Myron 7. Dowd, Vaughn H. Clearmar) President Kranelly questioned the City Manager as to the reason for appointment of these Commissioners. Mr. Froerer exulained that it has been determined by the legal counsels of both the Reclamation District and the City that in the amending of the 401 Assessment District to provide for the lagoon construction, it is necessary to terminate the office of the original Commissioners and appoint three new Commissioners. He stated that MT. Gregory, one of the present Commissioners, will be out of town and, therefore, could not act during the necessary period o time, SC) he has been replaced by Mr. Vaughn. Cl-an. MT. Annibale stated that, upon the original plan of tho Reclamation District being filed _with the City Clerk three Assessment Commissioners were appointed by the City Council. If that plan were amended, new Assessment Commissioners should he be appointed, to conform completely with all legal requirements. The Reclamation District has filed with the City Clerk an amended plan embracing the lagoon system, therefore the reason for appointing new CommAssioners. Councilman Moresi stated the lagoon system. has been submitted, and suppose, by some horrible circumstance, the District would have to go back to the original plan - then three new Commissioners would. have to be appointed. The City Attorney said, 'Yes, according to the interpretation of the Viater Code". Councilman. Hove stated he didn't understand the situation and would rather have time to think about it before acting on the matter. Councilman Haag stated. this is much like the situation with regard to the Council approving the warrants of the Reclamation District for payment - which is more or less mandatory. He asked, "The Council is not endorsing any lagoon system?" The City Attorney replied, "Absolutely not", and went on to state that the Council has no power to approve or disapprove any plan filed by the Reclamation District. He explained further that when the original plan was filed by the Reclamation District, it was encumbent upon the City Council to appoint Assessment Commissioners - therefore, it follows that it is likewise encumbent upon the Council to appoint new Assessment Commissioners under the amended plan. Councilman Haag a sked the City Attorney what the Council's responsibility is in the event it passes this resolution now and these three Assessment Commissioners decide to go ahead with . the assessment work on the lagoons and subsequently, from informa- tion the Council receives from the engineer it is paying to make a report on this matter - there are to be no lagoons - and there will have been work accomplished for which the moneys expended would be brought before the Council in the form of warrants for approval and the Council would . have to pass them - and there might be certain charges which would not be prooer. Mr. Annibale said he would have to do some research on this question. Action on the resolution was deferred. 36. The following resolution was introduced by Councilman Hove, who moved it adoption:' "Resolution N 541;3 Declaring the Opinion of the Council of the City of Alameda That the Citizens of the City of Alameda Should Determine the Desirability of the Creation and Mainten- ance of a Transit District for Acquiring Transit Facilities in the Counties of Alameda and Contra Costa and Requesting the Board of Supervisors of Alameda County to Call a Special Election for the Purpose of Creating Such. a District in Accordance with the Terms of the Transit District Law Contained in Division 10 of • the Public Utilities Code of the State of California."• The motion to adopt said resolution was seconded by Councilman Mores and on roll call carried by the following vote. Ayes:. Five. Noes None. Absent: Hone. 37• The following resolution was introduced by Councilman Moresi, who moved its adoption "Resolution No. 5414 IN MEMORIAM TO MRS. ANGELINA FLOYD "W_TH DEE? SORROW, the Council of the City of Alameda records the death of one of its former employees, .11S. A-NELINA PLOYD, retired, who had served the City loyally and well as Policewoman in he Police Dedari - ment for almost went-one years - derIni; t-ae period from October 20, 1924 to August 1, 1945. "WHEREAS, Mrs. Floyd was vitally interested in the welfare of all children and young people, she exerted a "motherly" concern over any who needed help and advice - and gave unstintingly of her time and counsel to promote their proper care and well being; and "uHEREAS, her cheerful and friendly personality and her spirit of cooperation endeared her to all with whom she had association. "110W, THEREFORE, BE IT RESOLVED, that in recognition of the faithful service she rendered the City while in its employ - and the great opportunity for real happiness she made possible for many young people, the Council of the City of Alameda does hereby express its gratitude for the fine influence of this beloved woman. "BE IT FURm-F.;R RESOLVED, that this Resolution be snread in full upon the minutes of this meeting, and a cony thereof be transmitted to the family of Mrs. Floyd in order to extend to it a sincere expression of svmnathyand condolence: and "TVE In T'ITRTT-T-P RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in resnect to the memory of Mrs. ANGELINA -'11,0'D." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. President Kranelly declared all of the foregoing resolutions duly adopted and passed. FILING: 68. Auditor's Financial Statement - City of Alameda, as at June 30, 1956. 39. Specifications, Special Provisions and Plans No. PV 7-56-15 1-°or Construction of Three Parking Lots. 40. Specifications, Special Provisions and Plans No. 2U 7-56-16 - For Planting and Establishment of Lavin (Second Part) for New .,iunicipal Golf Course. 41. Specifications, Special Provisions and Plans No. YU 7-56-17 - For Construction of Hydraulic Dredge Fill at Washington Park. BILLS: 42. An itemized List of Claims against the City of Alameda and the Department thereof, in the total amount of 197,305.51 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 McCall moved the bills as itemized in the List or Claims flied with the City Clerk on July 17, 1956, and submitted to the Council at this time, be allowed and paid. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 43. At this time, Councilman Moresi stated that inasmuch as the City has definitely received a report that Alameda Bayside Development Corporation is not going ahead with its project of constructing certain "Uherry Act Housing" on its property lo- cated along the south side of Central Avenue in the west end of Alameda, she felt the Council should take steps to rezone the property to bring it back up to at least a "B" District. It was agreed the Council could rezone property on its own motion, by hesolution of Intention - but Mr. Froerer expressed the opinion it would be better to have the Planning Board instigate such proceedings. Councilman 1dores1 thereupon moved the matter be referred to the Planning Board for the rezoning of that portion of Bayside's property now classified in the "C" and "D" iJistricts. The motion was seconded by Councilman McCall and unanimously carried. • 44. Councilman Haag referred back to his reco=erdation under "Reports of Committees" - paragraph 20 - and stated he now understands the property on which ,+Iebster Housing 2roject Lo. 1 was loca ted LS c,flter-labed to be used for residen- tial purposes. Therefore, he felt the Coun-il should ask the City l',anager to review the area and make a recommendation as to its /Droner use. He said he has learned the Planning Board and Master Plan already indicate residential use for this area. ADJOURNMENT 45. President Kranelly announced that the council would adjourn this meeting to an adjourned regular meeting to be held Tuesday evening, July 31, 1956. 46. There being no further business to come before the meeting, the President called up the Council and audience for a moment of silence in respect to the memory of Mrs. Angelina Floyd - the Golmcil then adjourned - to assemble In adjourned regular session on July 31, 1956, et 7:30 o'clock. Respectfully submitted,