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1956-11-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, NOVEMBER 20, 1956 The meeting convened at 7:30 o'clock p.m. with President Kranelly presiding. The Pledge of Allegiance was lead by Councilman Moresi and was followed by a very inspirational Invocation delivered by the Reverend Waichi Oyanagi of the Buena Vista Methodist Church. ROLL CALL: The roll was called and Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held November 7, 1956, were approved as transcribed. WRITTEN COMMUNICATIONS: 2' From the League of California Cities, urging cities to announce their partici- pation in the'Jalifornia Cities Employee Safety Contest" and thus publicize what California Cities are doing in the field of employee accident prevention. President Kranelly stated this is a very worthwhile undertaking and he assumed a resolution should be adopted in support of the program. Mr. Neil Clark explained a formula has been set up by which the contest will be conducted and he also added that the Accident Prevention Committee of the City has endorsed this contest enthusiastically. Councilman Hove moved the Council adopt a resolution publicizing Alameda's partici- pation in and support of this program. The motion was seconded by Councilman Moresi and unanimously carried. The City Attorney was thereupon requested to prepare said resolution for submission to the Council at its next meeting. 3. From Bay View Development Corporation, signed by F. B. Fernhoff, Attorney, submitting appeal from the Planning Board's recommendation that the subdivider be required to extend Encinal Avenue to the sea wall and the Council approve the Tentative Map of Tract No. 1849, with that exception. The communication was referred to "Unfinished Business ", at which time the Board's recommendation on this Tract will be given further consideration. 4. From Mr. Peter F. Merlone, 1183 Ninth Street, protesting against the noise at night by heavy equipment used by Utah Construction Company in its operations along the South Shore. In response to President Kranelly's question as to the work now being finished, City Engineer Hanna stated the heavy dredging in connection with the fill has been completed, with the exception of some "shaping up" work to be done in the Washing- ton Park area - and possibly more work along the rest of the South Shore. With reference to Mr. Merlone's question concerning the passage of an ordinance prohibiting the use of noisy, heavy equipment between the hours of 10 :00 p.m. and 6:00 a.m., Councilman Hove asked if the City does not already have such an ordinance. Mr. Annibale replied that Section 18 -611 of the Alameda Municipal Code covers the precise situation, that of disturbing the peace. It was agreed there was some justification for complaint when the work of dredging and filling the project was in process but it was understood the heavy work is now complete. The Acting City Manager was instructed to write to Utah Construction Company to ascertain the status of the situation and then to write a letter to Mr. Merlone informing him on the subject. 5. From Mr. Robert M. Hall, 6928 MacArthur Boulevard, Oakland, inquiring about some area on the south side of the Estuary which would be available for rent or lease for the location of a small boat harbor. The matter was referred to the City Manager. 6. From the Board of Trustees of Reclamation District No. 2087, submitting its resolution approving Estimate No. 12, and requesting Council approval of Demand Warrants Nos. 36 and 37, payable to Utah Dredging Company, in the respective amounts of $37,447.16 and $100,000. The matter was referred to "Resolutions". 7? From Mrs. Arthur Heche, 1521 Union Street, stating her opposition to any thought of selling the present highland of Washington Park for residential devel- opment and thereby sacrificing the great number of trees growing in this area. She referred to the Planning Director's suggestion made at the last Planning Board meeting that a 200 -foot strip be retained as a buffer along Eighth Street which would then save the trees in question and agreed this would be the right solution. President Kranelly thanked Mrs. Heche for her letter and stated the Council is well aware of the value of these trees in Washington Park. He pointed out the Council is cognizant of the recommendation made by the Planning Director and has also had the matter called to its attention by the Recreation Commission. He assured Mrs. Heche that before anything is done, there will be ample consideration given to public opinion and expression concerning this area. Councilman Moresi stated all members of the Council feel just as Mrs. Heche does and every effort will be made to preserve this strip and its trees. The Acting City Manager was requested to reply to Mrs. Heche, assuring her that the Council intends to do everything possible to preserve these trees in whatever action is taken with regard to Washington Park uplands. ORAL COMMUNICATIONS: 8. President Kranelly stated the Council is honored this evening by the presence of the Honorable William J. McGuinness, Judge of the Oakland Municipal Court, Past President of the National Safety Council, Eastbay Chapter, and Chairman of the Traffic Committee. He called upon Judge McGuinness, who stated he was appearing on behalf of the Eastbay Chapter and also the National Safety Council, and it was a distinct pleasure to present to the City Council of Alameda, and the people it represents, three Achievement Awards in recognition of (1) improvement of the Death and Injury Record, (2) outstanding performance in Safety Organization and (3) out - standing performance in Public Safety Education. Mayor Kranelly stated that, on behalf of the City of Alameda, he is very proud to accept these three awards. He pointed out the City has a very excellent program and much credit goes to the Police and Fire Departments and the Accident Prevention Committee for their cooperation and effort in this respect. gf. Mrs. Stuart Stephens, 1624 San Jose Avenue, stated that since so many citizens are interested in the conclusions reached by the Council, would it be possible for the Council to announce each month its schedule of work sessions. She thought that if they were being publicized it would eliminate some of the misunderstanding. President Kranelly stated that whenever a work session is scheduled, it is publicized in the newspaper several days ahead of time, usually two or three days before the session. Mrs. Chris Freeman, 831 Laurel Street, said she believes it is the executive sessions which people are concerned about, since that is where the decisions about Washington Park were made. She said she would like an interpretation of "open door or "closed door" sessions. Councilman Hove explained that, prior to the change of time for convening the Council meeting at 7:30 o'clock p.m., many matters were discussed at the Committee of the Whole meeting or after the regular Council meeting had adjourned - but now the items on the agenda are discussed as the meeting progresses. Mrs. Freeman asked that announcement be made any time when a work session or "after" meeting is to be held. HEARINGS: 4 10. The matter was called up concerning the abating of a public nuisance - a dilapidated building known as 1412 -Ninth Street, which was continued from the regular meeting of November 7, 1956. 11. Also continued from the meeting of November 7, 1956, was the matter of abating a public nuisance - a dilapidated building known as 2511 Clay Street. A stenotype operator was present to officially record the proceedings on these two cases, the transcript of which is, by reference, hereby made an integral part of the minutes of this meeting. The Hearing on each of these cases was declared closed and the matters were referred to "Resolutions ". 12. Next called up was the Matter of Objections to Assessments of Reclamation District No. 2087, which was continued from the regular meeting held November 7, 1956. A stenotype operator was present to officially record the proceedings in this matter and the transcript thereof is, by reference, hereby made an integral part of the minutes of this meeting. President Kranelly declared the Hearing closed and the matter taken under submission pending receipt of a reply from Mr. Scott Elder, Attorney for the plaintiffs, within ten days as agreed upon by the attorneys. f 13. Continued from the past several meetings was the matter of Tract No. 1811, a subdivision in the southeasterly section of the City, proposed to be developed by Mr. Michael Hester. Mr. Annibale stated further continuance has been arranged between him and Mr. Hester 's attorneys to the meeting of December 4, 1956. REPORTS OF COMMITTEES: 14. From the City Manager, reporting on the analysis of the bids received for Furnishing, Fleet General Public Liability and Property Damage Insurance - and recommending award be made to both Marsh and McLennan, San Francisco, and Mr. Rex Harbord, Jr., Oakland, Agents of Travelers Insurance Company, on Proposal No. 3 of the Specifications. This is for a three -year term at the annual premium of $16,042.60. These bids were identical in amounts and the lowest of the ten bids received. It was pointed out the trend of premiums for this type of insurance appears to be upward and, therefore, it is apparently to the City's advantage to have the insurance written for three years at a pre- determined rate, excepting Motor vehicle coverage, instead of for only one year. Councilman Haag stated it should be known that since calling for bids on the fur- nishing of the City's insurance coverage a great saving has been effected. Not too long ago the City was paying $35,000. per year - year before last, it paid $27,000. - $29,000. Then, when the Council put it out for open bid, the cost dropped to $18,000. He pointed out that the company which carried the policy last year is a most worthy and commendable one but it had a bad experience record and was forced to advance its cost of insurance this year to 423,000. Two other brokers. submitted prices of 4j19,000. In recommending the three -year term, with the premium payable 'annually, the City Manager took into account the fact that public liability insur- ance is on the rise rather than on the decline and the City is thus assured of the annual premium quoted for this three -year period. Councilman Haag said he thought everyone would be interested to know what the new procedure has produced in savings. President Kranelly concurred with Councilman Haag's remarks and agreed this saving will continue for the next three years. Councilman Moresi moved the City Manager's recommendation be adopted; that award be made to the designated agents for the specified insurance coverage at the price quoted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 15. From the City Manager, reporting on the request from Utah Construction Company, contained in its letter dated April 12, 1956, for payment for the amount of fine material held in suspension in the dredging water and lost in San Francisco Bay during the hydraulic filling of Washington Park. It was stated that, if the Council desires to make payment to Utah Construction Company under the terms of its afore- mentioned letter, it will be necessary to determine the dredging losses by an engineering analysis. Dames and Moore, Soil Mechanic Engineers, have submitted a proposal to prepare a supplementary report on such analysis - the estimated fee for such study and report would range from $600. to $800. President Kranelly stated that, before any action is taken on this matter, he would like to know why it is necessary to spend $600. to $800. to find out how much it is going to cost. He asked if the pity Engineer could shed any light on the sub- ject. Mr. Hanna replied that the material which exists out of the borrow pit has a different gradation of soil particles than that deposited in the fill. In the process of bringing it in hydraulically, there might be a fair percentage of loss between the material excavated than what is held in the fill. It is difficult to estimate what the cost would be, and if it is necessary to ascertain this cost, certain tests would have to be made. Councilman Hove stated the contract is for fill in the cut, and asked the City Attorney his opinion. Mr. Annibale stated this situation has just recently come to his attention and he asked the Council to defer action until he has had an oppor- tunity to check into it more thoroughly. Councilman Haag referred to the letter of April 12, 1956, from Utah and stated he had understood at that time that the material was to be measured at the cut and the 44 City was to be charged accordingly. He said at no time was the Council given to understand that the fill could not be measured at the cut. He felt that, unless the City Attorney finds something different, the City should not bear the cost of fill at the cut. The matter was thereupon referred to the City Attorney for review and report. 16. From the City Manager, recommending contract be awarded to George F. Cake, Berkeley, only bidder, for Furnishing Ammunition for Police and Civil Defense Departments in the total amount of $951.91. Councilman McCall moved the City Manager's recommendation be followed; that contract be awarded to the-sole bidder for furnishing said specified item at the price quoted. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Five. Noes: None -. Absent: None. 17 From the Assistant City Manager, recommending contract be awarded to Zeller- bach Paper Company for furnishing Assorted Paper at the bid price of 0731.75. Councilman Haag moved the City Manager's recommendation be approved; that contract be awarded to the designated company for furnishing this item at the price quoted, and the bid bonds or checks be re turned to the unsuccessful bidder. The motion was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. From the Assistant City Manager, recommending contracts be awarded to the several suppliers who submitted the lowest or best bids on certain specified items of Office Furniture at the various prices quoted. Mr. Annibale stated this particular contract is composed of five different firms and the prices range from $13.50 to $256.28. The job of drawing up contracts for each individual contractor and requiring bonds for each is out of place. He asked that the motion be such as to authorize these purchases without contract. Councilman Hove thereupon moved the City Manager be authorized to purchase the specified items at the prices quoted, without benefit of contract and the bid. bonds or checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilmen Moresi and Haag questioned the wide variance in the bids on some of the items. Mr. Clark stated the Assistant Purchasing Agent had assured the City Manager's Office that he had carefully reviewed the bidders and the specifications for the several types of furnishings. He stated the specifications were actually drawn up on the basis of "name" brand quality. In response to President Kranelly's question as to the City being reasonably assured that specifications have been met, Mr. Clark replied that he had been so assured by the Assistant Purchasing Agent. 1 19. From the Recreation Commission, signed by J. Roger Hooper, Chairman, dated November 19, 1956, submitting certain recommendations with regard to the future development of Washington Park, principally that the City retain a 200 -foot strip of land adjacent westerly and parallel to Eighth Street, running south from Central Avenue to the fill -area; that it be continued as a panhandle type of parkway of similar width to the new proposed park on the outboard side of the fill and the new park on the fill area be not less than 23 acres devoted to park and recreation pur- poses including the panhandle parkway to existing Washington Park. The letter was accompanied by a sketch of the area involved. President Kranelly stated this matter should be referred to the file on Washington Park. Councilman McCall pointed out the recommendation does provide that the area in which the trees are growing be- preserved to form the panhandle. Mrs. Marquart asked when the Council expects this matter to come up, to which President Kranelly replied no exact time has been set, but when Washington Park fill -area is complete, the Recreation Commission and the Planning Board will be asked to work on the plans and submit their recommendations. Mrs. Marquart asked if the language is still "not less than 40% shall be sold" in connection with the fill -area of Washington Park. She felt the wording of this phrase is very dangerous - it does not protect the property owners or taxpayers. She claimed this would allow a Council to sell any amount over 40 %, if it so desired. There was some discussion on the interpretation of the language and, upon request, the City Attorney agreed that the"not less than" could mean "more than" 40% could be sold. Mrs. Marquart asked if there were no law which protects the taxpayers who voted for the bond issue. She felt some future Council could sell any amount of this land it wanted to. Some provisions should be made so no Council can take away what the people voted for, and it is very important that right at this time the people be protected. She said the Planning Board can make no definite studies or plans be- cause it does not know what the exact areas will be. President Kranelly pointed out this Council has no thought of selling more than 40% of the 'fill -area - he said it is the thinking of the present Council that 60% of the land will be used for recreational and other municipal purposes. There was considerable discussion on what steps the Council could take to assure the citizens that only 40% of the fill -area would be sold. Councilman Haag said he objected to trying to nail it down exactly to 40% because the Council might learn that the Recreation Commission finds it needs 39.2% or 40.8% - and for that reason only, one cannot tie it down too precisely. President Kranelly stated that, in the interest of reducing the bonded indebtedness, as soon as this land is made and the recommendations have been received from the Recreation Commission and the Planning Board, the whole matter can be consummated as the Council already has indications from people who want the land. He reiter- ated there is no intention whatsoever to sell more than 40% of the land. and 60% would 'be used for development of municipal improvements. He remarked that the City Attorney has stated it is at the discretion of the City Council to dispose of City property. UNFINISHED BUSINESS 20. The matter was presented concerning the recommendation of the Planning Board that the Tentative Map of Tract No. 1849 be approved under certain specified conditions. This covers a subdivision lying east of Fernside Boulevard to be developed by Bay View Development Corporation. The City Attorney asked that this also be designated as the time for the hearing on the appeal. A report, dated November 20, 1956, from the Acting City Manager was read, stating the City Manager, City Attorney, City Planning Director and City Engineer have reviewed the Planning Board's recommendations. The Subdivider has agreed to all . conditions recommended by the Board with the exception of the extension of Encinal Avenue southerly from the southerly line of East Shore Drive to the sea wall. It was stated the City Attorney's opinion is that to require the Bay View Development Corporation to not only dedicate but improve the extension of Encinal Avenue to the sea wall would be without the powers of the City of Alameda. The Planning Direc- tor's position in this respect is that, although view points of San Leandro Bay are desirable, the dead -end extension of expensive street work is not the most appro- priate or best design technique. The City Engineer has conferred with the Subdivider and full agreement has been reached on the following items: the trade of a certain triangular parcel of land for a somewhat similar parcel owned by the City in order to establish the proper alignment of Fernside Boulevard southerly from Encinal Avenue: the Subdivider will give the City a letter whereby he agrees to construct sidewalk, curb, 8 feet of pavement and necessary drainage structures on the east side of Fernside Boulevard, south of Encinal Avenue, when the street is cut through; the design of Encinal Avenue, easterly of Fernside Boulevard, as per the City Engineer's Office Drawing No. 4565, Case 21; and all requirements covered by the City Engineer's original report, as presented to the Planning Board. It was stated it is the City Engineer's recommendation that the Tentative Map be approved with these conditions included. Mr.- Cameron Wolfe, Attorney, stated he was appearing on behalf of Mr. Fernhoff, his partner, and that the report just read is satisfactory to the Subdivider. In the belief that it will meet with the approval of the City Council, he felt he could submit the appeal on this report and asked if that would be satisfactory to the City Attorney. Mr. Annibale stated he had one stipulation - that a bond be filed. City Engineer Hanna stated there is a letter mentioned which merely refers to the Agreement, which is satisfactory - but a bond would be rather an expensive propo- sition inasmuch as there is no definite time set for the work to be done. There was considerable discussion as to the work and the bond involved. Mr. Wolfe pointed out the development of this subdivision will take a long period of titne - the Subdivider will actually be working for probably some years - and if at any time it appears necessary, the Council could then require a bond. If Fernside Boulevard is not going to be extended within the next few years he thought it would be in .order to continue,this liability. The City Attorney stated it might be possible to write into the Agreement that im- provements would be installed upon demand of the Council - it would then be at the City's'discretion. President Kranelly stated the next point was the Planning Director's feeling that the 40 -foot street - Encinal Avenue extension - is not necessary. Mr. Robert Venable 46 Assistant Planning Director, speaking for Mr. Williams, said the street would add nothing to the circulation - it would afford a vista of the water but the main pur- pose of a street would not be satisfied. It would provide a passive recreation area for people to view the water but this should be provided by a marine bay which would better-serve the purpose. President Kranelly referred to the opinion of the City Attorney and stated the City has no legal right to take over this property except through due process of law. Mr. Annibale corroborated the statement. Councilman Haag stated then there will be only a 15 -foot easement running from the end of Encinal Avenue, as existing, to the sea wall and he thought the same trouble with it would be created as with the three "public ways" now running from Fernside Boulevard to the sea-wall. He asked Mr. Wood if it would not be beneficial to his own subdivision to have an open street there. Mr. Wood replied the only purpose for this 15 -foot easement is to provide access to the sewer outfall which the City requires. He said he would like to eliminate any public access by placing a fence across the entrance. Councilmen Haag and Moresi agreed it would be advantageous to have a full street to the'sea wall, and there should be more access to the water in all areas of the community where such streets can be carried through. Mrs. Wiley reiterated her plea for an open street, stating she felt it would not cost the developer very much to put it in and it would enhance the value of his subdivision property. President Kranelly pointed out that Mr. Fernhoff has stated that, if the City wishes to acquire this land, the Subdivider would be glad to sell it to the City. There- fore, does the City Council want to accept the recommendation of the Planning Board.. and if so, enter into negotiations for the -- acquisition of this property. Mr. Annibale suggested that if the City is ,going to acquire 25 feet, it might as well acquire 40 feet because the severance damages would run into a lot of money. He felt it might be handled by negotiation rather than in a condemnation suit. Mr. Wolfe stated the one lot most affected is one of the most desirable in the sub- division. Councilman Haag called attention to the Planning Director's thought of a marina park and pointed out such development would not take place for some 10, 15 or 20 years, while this 40 -foot street could be in the immediate planning stage. Mr. Wolfe stated the suggestion was made that the developer should consider it to the advantage of his residential tract to have this street carried through. He said title could be retained to the land and an easement given to the City and the responsibility of keeping it open and maintained would be the Subdividers. Only the City would have access through there and it would not be open to the general public. In response to President Kranelly.'s question as to the appearance of the pathway, Mr. Hanna stated the City would prefer an easement which was owned by the property owner and maintained in a beautiful state. He pointed out there would have to be an inclusion in the Agreement whereby the City could be assured that the property would be developed in avnice manner and the City would not be excluded from access. Mr. Wood stated he would be glad to install the improvements to the City Engineer's satisfaction. Mr. Wolfe stated the land is deeded out by the developer and an easement provided., This would eliminate the nuisance factor involved. Councilman Moresi stated she would still like to have a street there, to which Councilman Haag concurred, and asked what it would cost to construct this extension of Encinal Avenue. Mr. Hanna estimated it would be from $110. to $125. per front foot. Councilman Haag repeated he would like a 40 -foot street, but he is just afraid of the maintenance cost and he would, therefore, withdraw his opposition. Mr. Annibale suggested that, if the Council feels a street is more desirable, the matter be continued while negotiations are entered into on this phase of the situation. Councilman McCall pointed out the first step is to approve or disapprove the recommendation of the Planning Board. Mr. Wolfe asked that the Tentative Map be approved under conditions set forth by the Planning Board and as modified by certain recommendations of the City Council - and, in the meantime, if the City should actually wish to acquire the property, nego- tiations could be entered into at that time. Mr. Annibale explained the procedure and pointed out that, if no action is taken by the Council, the recommendations of the Planning Board are automatically deemed to be approved. Councilman Haag thereupon moved the recommendations of the City Planning Board be accepted, but with the following modifications: That condition No. 2 as set forth in the letter to the City Council, dated November 7, 1956, be deleted and with the further additional condition that the subdivider agree to install street, curb and gutter improvements on Fernside Boulevard, southerly of Encinal Avenue, the time of installation to be at the discretion of the Council of the City of Alameda and, further, that the.Council have the power at any time, at its discretion, to have the subdivider acquire a bond guaranteeing the faithful performance and installation of such improvements; and subject to the further condition that on Lot 6, Block C, as delineated on the Tentative Map of Tract No. 1849, a fifteen -foot easement will be provided to the City of Alameda for the purpose of ingress and egress to service an outfall sewer located at the sea wall; said easement to allow for vehicular traffic in order to service said outfall sewer as is deemed necessary by the City Engineer of the City of Alameda and also, that the easement shall become a burden upon and a covenant running with the land; and, also to provide that the duty to maintain and repair said easement for the purposes set out above shall be that of the subdivider and /or his successors in interest: and subject, further, to the additional condi- tion, which is stipulated to by the subdivider, that no improvements in the nature of any structure whatsoever shall be placed on Lot 6, Block C, as shown on the Tentative Map of Tract No. 1849 for a period of one year from the date of approval of said Tentative Map, or a lesser time in the event the Council determines it is not concerned with the purchase of said property; and, further provided that the City of Alameda and Bay View Development Corporation trade between them certain triangular pieces of land located at Fernside Boulevard and Encinal Avenue and owned by the respective parties. The motion was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 21. The following resolution was introduced by Councilman Hove, who moved its adoption: "Resolution No. 5478 `Resolution of the Council of the City of Alameda Authorizing Carl Froerer, City Manager and Director of Civil Defense and Disaster, to Sign for and Accept Surplus Federal Property for Civil Defense Purposes. The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 5479 Declaring Building Known as No. 1412 Ninth Street, Alameda, California, to be a Public Nuisance." 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. 23. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 5480 Declaring Building Known as No. 2511 Clay Street, Alameda, California, to be a Public Nuisance." 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. 24. The following resolution was introduced by Councilman Haag, who moved its adoption: "Resolution No. 5481 Authorizing Attendance of Mayor and Councilman at Conference of American Municipal Association, St. Louis, Missouri, November 25th to November 28th, 1956, and Appropriating ¢1200 to Defray the Expense Incident to Such Attendance." The motion to adopt said resolution was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 25. The following resolution was introduced by Councilman Hove, who moved its adoption: "Resolution No. 5482 Approving Warrants of Board of Trustees of Reclamation District -Na. 2087." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 26. The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 5483 Amending Portion of Resolution No. 5376, Relating to Positions and Salaries, by Increasing Position of Associate Civil Engineer from 1 to 2, and Decreasing Position of Assistant Civil Engineer from 3 to 2, in the Street and Engineering Departments." 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. 27. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 5484 Adopting Specifications for Furnishing to the City of Alameda, Paints, Varnishes, Thinners, etc. (Excluding Traffic Paints and Thinners), for Balance of Fiscal Year,: 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. 28. The following resolution was introduced by Councilman Haag, who moved its adoption: "Resolution No. 5485 Approving First Supplemental Memorandum of Agree- ment 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 Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 29. The following resolution was introduced by Councilman Hove, who moved its adoption: Resolution No. 5486 Adopting Specifications, Special Provisions and Plans for Furnishing and Erecting a Chain Link Fence Along Doolittle Drive, for the New Municipal Golf Course, Calling for Kids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 30. "Resolution No. 5487 Adopting Specifications for Furnishing to the City of Alameda One Trailer- mounted Sewer Redding Machine, Calling for Bids and Directing City Clerk to Advertise Same." In connection with this resolution, a letter was read from the Acting City Manager, with regard to the recently established policy of the Council that where only one bid is received, it will be returned unopened. It was stated the City Engineer recommends that, in this case, the Council waive its policy in this respect - and the sentence s� stating be deleted from the Specifications - because there is pro - bably only one prospective bidder for said equipment. The resolution was thereupon introduced by Councilman Moresi who moved its adoption and also approval of the recommendation to waive said policy in this case. The motion 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. ORDINANCES FOR PASSAGE: 31. "Ordinance No. 1206, New Series An Ordinance Amending Title XI, Chapter 1, Section 11 -164 of the Alameda Municipal Code by Adding Thereto a New Subdivision (5), Relating to Temporary Outdoor Adver- tising Structures." Councilman McCall moved the ordinance be adopted as read. The motion was by Councilman Haag and on roll call carried by the following vote. Ayes: Noes: None. Absent: None. 32. "Ordinance No. 1207, New Series seconded Five. An Ordinance Amending Section 17 -364.1 of the Alameda Municipal Code, Relating to Parking Limits in Parking Meter Zones." (South side Lincoln Avenue, running easterly 106 feet from Park Street) Councilman Haag moved the ordinance be adopted as read. The motion was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None -. 33. "Ordinance No. 1208, New Series An Ordinance Amending the Alameda Municipal Code by Repealing Article 1, Chapter 3, Title XI, and Inserting in Its Place and Stead the Following Article 1, Chapter 3, of Title XI, Prescribing Rules and Regulations Governing the Planning and Subdividing of Land and the Filing and tipproval of Subdivision Maps." Mr. Richard Thunder, representing the Alameda Real Estate Board, stated the Council is doing a great injustice to the small land holders by adopting the lot size as set forth in this ordinance and he again recommended the lot -size be designated as 4,500 square feet, with a 50 -foot frontage. He claimed the ordinance is not realis- tic, especially in view of the proposed new sections of Bay Farm Island where development of a large portion of that area will have to go into middle- bracket homes. The Board feels there will be so many cases for adjustments that it is just not a good law. President Kranelly stated it is the intention of the Council that, in cases of smaller developments, where it is desired to have lots of only 4,500 square feet, with 50 -foot frontages, the situation would still be covered by the provision for exceptions, but Mr. Thunder has pointed out this is not a good law because there would be so many requests for said exceptions. Councilman Moresi said she felt the 50 -foot widths are desirable in the ordinance, with,the provision, as mentioned at the last meeting, that the zoning and Master Plan Map could possibly designate areas where lesser requirements would be advisable. Councilman Hove emphasized it was determined at the last meeting that a letter should be attached to the ordinance and directed to the Planning Board, calling attention to the fact that certain areas of the City need special consideration. Councilman Haag said he still feels the Council should set up the standards as recommended by the Planning Board and he did not believe specific areas could be delineated on the Map. He agreed, however, the letter as suggested by Councilman Hove should be sent to the Planning Board in order that special attention can be given to cases where particular hardship might be involved. Councilman Haag referred to Sec. 11- 3132(c) of the ordinance,.and stated the lang- uage should be changed to read, " - -- engineering costs shall not exceed four per 5 centum (4 %) of the 'actual cost of improvements as attested by a certification of the subdivider as to said actual cost of improvements'." The Council was in agree- ment on this amendment. Councilman Hove concurred that the minimums should be set up, as contained in the ordinance, and he thereupon moved the adoption of the ordinance as amended, with the proviso that a letter be sent to the Planning Board, establishing the general policy of the Council with regard to the exceptions. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 34. At this point, Councilman Moresi stated that, during the past week, she had talked to both Congressman Miller and Supervisor Sweeney about Fruitvale Avenue Bridge. Supervisor Sweeney had stated that if a letter were directed to him in Oakland, asking him to intervene on behalf of the City of Alameda by writing to the United States Corps of Engineers in Washington, D. C., he would then be in a position to represent the City and to request that the. Hearings on the Fruitvale Avenue Bridge be held in San Francisco rather than in Washington. She asked that the Council authorize the City Manager to write such a letter concerning the Hearin g3 on this matter-. It was so ordered. 35. Councilman Moresi also called attention to the meeting held yesterday morning on Rapid Transit and stated Mr. A. Hubbard Moffitt, Presiding Officer, had set a deadline of December 3, 1956, for receipt of comments and thoughts from the several City Councils on the matter of Rapid Transit. She felt the policies should be out- lined as agreed upon in the Mayors' Conference, together with other points such as local transportation, and this Council should be sure that some type of letter is forwarded on the subject. President Kranelly stated the position of the Mayors' Conference, which is taking exception to several points in the outline of the Rapid Transit set up, as follows: (1) It feels the representation should be selected from the Mayors' Conference rather than the Board of Supervisors; (2) None of the members liked the idea of the one per cent sales tax being used for the source of finances - any type of financing but that. He said the one per cent sales tax should be left entirely to the cities for their own needs and uses. Councilman Moresi stated the Mayors' Conference is also opposed to a bond election which would require only a majority vote - it should be a two- thirds majority vote. She felt this is vital - it is very important that more people have to give their consent. Councilman Haag stated this Council should strongly go on record that Alameda should be included in the direct service and not just be on a "feeder line". The City Manager was instructed to write a letter to the proper authority setting forth the Council's recommendations on the subject. 36. Councilman McCall called attention to the fact that the City Manager and he had attended a meeting in Sacramento where a plea had been made for funds for the improvement of Central Avenue, from Sherman to Webster Streets. Since that meeting, the City Manager and the Assistant Highway Engineer have conferred and Mr. Froerer's recommendation has been approved. Therefore, the money will be allocated and Councilman McCall felt it was important that Mr. Froerer had made such presentation. 37. Councilman McCall stated a meeting had also been held with Mr. Newton B. Drury, Chief of the Division of Beaches and Parks, and he requested that a letter be sent to the Commission, inviting it to hold its January meeting in the City of Alameda so that the members can inspect the facilities in Alameda and the proposed develop- ments. FILING: 38. Auditor's Financial Statement - City of Alameda, as at October 31, 1956 - Verified by George A. Hackleman & Co. 39. Specifications No. MS 11 -56 -32 - for Furnishing Paints, Varnishes, Thinners, etc. for remainder of fiscal year. 40. Memorandum of Agreement for Expenditure of Gas Tax Allocation for Major City Streets. 41. Specifications, Special Provisions and Plans No. PW 11 -56 -24 - for Furnishing and Erecting Chain Link Fence along Doolittle Drive for new Municipal Golf Course. 42. Specifications No. MS 11 -56 -31 - for Furnishing Trailer- mounted Sewer Rodding Machine. BILLS: 43. Itemized Lists of Claims against the City of Alameda and the Departments there- of, in the total amounts of $133,256.92 and $25,352.39, were submitted to the Council at this meeting. The lists were accompanied by certification from the City Manager that the Claims shown were correct. Councilman McCall moved the bills as itemized in the List of Claims filed with the City Clerk on November 20, 1956, and presented 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. ADJOURNMENT: 44. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, December 4, 1956, at 7:30 o'clock. 'Respectfully submitted,