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1937-12-21 Regular CC MinutesREGULAR MEETING OF TEE COUNCIL OF TEE CITY OF ALAMEDA HELD TUESDAY EVENING, DECEMBER 21st 1937 The meeting convened at 8:00 o'clock P.M. with President Weichhart presiding. The roll was called, and Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5), were noted present. Absent: None. MINUTES: The minutes of the regular meeting of December 7th, 1937, were approved as transcribed WRITTEN COMMUNICATIONS: /1. From Ford E. Samuel, Postmaster, expressing thanks to the Council for passing an ordinance limiting parking in front of the Post Office to twenty minutes. The communicatim was ordered filed. a2. From Frank A. Gottstein, complaining that on December 18 and 19, 1937, sewerage had backed up and overflowed on Webster Street in the vicinity of the Airdrome. Counbilman Morris suggested that the communication be referred to the City Manager for a full report in writing, and Councilman Godfrey requested that the letter and the City Manager's report be referred to the Committee of the Whole, and it was so ordered. /3• From the Alameda Improvement Club, in reference to the proposed ordinance limiting the hours and days upon which food stores may be kept open, and requesting that an excep- tion be made in permitting the sale of bread, milk and pastry on such hours and days. Consideration of the request was deferred until later in the program, A. From the Alameda Improvement Club, requesting that before any franchises are renewed with the Southern Pacific Company, that the Council investigate the feasibility of operat- ing the City's own ferry system to be served by busses owned by the City. The communica- tion was referred to the Committee of the Whole. REPORTS OF COMMITTEES,ETC: v5. From Jordan & Ticoulet, informing the Council they had examined the books and records of the Bureau of Electricity and have found the report,dated October 31, 1937 and submittal to the Council, is in agreement with the books of the Bureau. The communication was ordered filed. v6. From the City Manager, giving a summary of the activities of the Gity for the month of November 1937. The communication was ordered filed; and the City idanager requested to report to the next meeting on the traffic conditions at the High School. v7. From the City Planning Board, recommending the reclassification of property known as 1335 Pearl Street, from Residential District, Class I, to Residential District, Class li, for the purpose of constructing a bungalow court. Councilman Maurer moved that the recommendation of the Planning Board be adopted, seconded by Councilman Morris and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 8. From the City Manager, informing the Council that he and the City Attorney rammend that a contract be awarded to the low bidder, Dietz Motor Company, for the delivery of three automobiles to the Police Department for the sum of $1099.00. Councilman Morris moved that the recommendation be adopted, seconded by Councilman Carrington and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. /9. From the City Manager, in reference to bids for an automobile for the Fire Depart- ment received December 7, 1937, and informing the Council that the car covered by the low bid was not satisfactory for the type of work required by the Fire Department, and that the bid of Hoppert Motors Co. was void because the check submitted with the bid was not certified as required by the specifications, stating that it is the recommenda- tion of himself and the City Attorney that a contract for the automobile be awarded to C. W. Hammond for the sum of $978.50. Councilman Maurer moved that the recommendation of the City Manager and the City Attorney be adopted, seconded by Councilman Morris and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. /10. From the City Manager, informing the Council he had received a request from the Washington-Longfellow-Mastick Dads' Club and from the Parent-Teachers Association of Longfellow School that the park which is being developed from property formerly known as California Girls' Training Home be named "Longfellow Park". Councilman Godfrey moved, seconded by Councilman Maurer, that the communication be referred to the Committee of the Whole, and it was so ordered. , 11. From Mayor Weichhart, informing the Council of the organization of a committee appointed by Mayors of East Bay cities to consist of executives of the cities bordering the east side of the Bay aginning with Richmond, El Ceffito, Albany, Berkeley, Emeryville Oakland, Piedmont, Alameda, San Leandro and Hayward, for the 'purpose of enabling these cities to act with a better understanding of oneanother's problems, so that they will eventually be able to adopt more uniform sets of rules and regulations for the conduct of the afairs of all cities bordering on the Bay. The communication extended an invitation to the officials of Alameda to attend a meeting to be held in Oakland City Hall on Wednesday evening, January 19th, 1938, at 8 o'clock P.M. at which time there will be selected a permanent Chairman and Secretary, and a Committee on Policy and Program. On motion of Councilman Morris, seconded by Councilman Carrington and unanimously carried, the Alameda Gity officials were authorized to attend. ORDINANCES INTRODUCED: 12. Councilman Maurer introduced "Ordinance No. New Series Accepting Conveyance to the City of Alameda of Certain Lands." 13. Councilman Morris introduced "Ordinance No. New Series Reclassifying Property (Property Known as 1333 Pearl Street)". UNFINISHED BUSINESS: /14. The Committee of the Whole referred back to the Council the recommendation of the City Planning Board that a petition be denied for the reclassification of the southeast corner of Central Avenue and Oak Street, from Business District, Class III, to Business District, Class V, for the purpose of maintaining a service station. Councilman Godfrey moved that the recommendation of the Planning Board be not adopted. There being no second,Councilman Morris .moved that the Council adopt the recommendation of the Planning Board, and there being no second to the second motion, Councilman Maurer moved, seconded by Councilman Carrington, that the matter be referred to the Committee of the Whole and that the Planning Board be requested to meet with the Council to discuss its recommenda- tion. The motion was carried, on roll call, by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 115. An opinion was received from the City Attorney in reference to the proposed ordinance regulating the hours of business of retail stores, which was submitted to the Council by the Retail Grocers' Association of Alameda County, Inc. at the meeting of December 7th, 1937, and referred to the Committee of the Whole, expressing his conclusion that the ordinance was of doubtful legal validity and that the validity of a similar ordinance passed in the City of Tulare is now before the Supreme Court and that a decision by that Court can reasonably be expected to be made during the month of February next. Mr. Clifford and Mr. Schwitzer addressed the Council and requested that, if adopted, delicatessen stores be exempted from the provisions of the ordinance. In opposition to the ordinance, the Council was addressed by Mr. Lind, representing himself as an independent grocer. Mr. Gottstein, Mr. Howard and Mr. Baker addressed the Council as individuals, and Mr. O. Heck, representing the retail bakers, addressed the Council opposing the ordinance. Advocating the passage of the ordinance, Mr. Schonemann requested that he be permitted to present a number of speakers and the Council was then addressed by Mr. Haddon, Mrs. Ruby Iverson, Mr. Hugo and Mr. Boone. The Rev. Walter Gardner presented a petition signed by fifteen clergymen of the City of Alameda advocating passage of the ordinance. A petition was also presented in favor of the ordinance by fifty-seven operators of individual retail stores and a petition which, it was alleged, was signed by 6000 citizens of Alameda. Also a petition signed by one hundred twenty employees in retail food stores, working or living in Alameda. A petition was subsequently presented in opposition, containing a large number of signatures, requesting that the delicatessen stores be exempted from the provisions of the ordinance, if passed. ordinance Consideration of the propose' was referred to the Committee of the Whole. NEW BUSINESS: /16. Councilman Godfrey called the Council's attention to new bill boards which have been erected in the vegetable gardens in the western portion of Alameda. Councilman Maurer moved that the City Manager be requested to investigate the possibility of their removal, seconded by Councilman Morris and on roll call carried by the following Vote: Ayes: Councilmn Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. /17. Councilman Godfrey moved that the City Attorney be requested to draw an ordinance regulating billboards in residential districts of the City, seconded by Councilman Maurer and on roll call carried by the following vote: Ayes: Councilman Carrington, Godfrey, Maurer,Morris and President Weichhart, (5). Noes: None. Absent: None. RESOLUTIONS: 18. Councilman Godfrey introduced and moved the adoption of "Resolution No. 2214 Resolution of Acceptance and Consent to Recordation, Councilman Maurer seconded the motion, and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 19. Councilman Carrington introduced and moved the adoption of "Resolution No. 2215 Cancelling City of Alameda Warrant" Councilman Maurer seconded the motion, and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 20. Councilman Godfrey introduced and moved the adoption of "Resolution No. 2216 Authorizing Execution of Agreement with Alameda Scavenger Association for the Collection and Removal of Refuse and Garbage" which the Clerk proceeded to read. At the conclusion of the second paragraph, Council- man Maurer moved that the reading of the contract included in the resolution be dispensed with, seconded by Councilman Godfrey and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None, Absent: None. The vote was then called for on the resolution, and after Councilman Carrington had seconded the resolution, the introduction and adoption was carried by te following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 21. Councilman Morris introduced and moved the adoption of "Resolution No. 2217 Resolution of Intention to Close that Portion of Walnut Street from the Northerly Line of Clement Avenue to the Northerly Termination of Said Walnut Street in the City of Alameda", Councilman Carrington seconded the motion, and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 22. Councilman Maurer introduced and moved the adoption of "Resolution No. 2218 Awarding Contract for the Furnishing of Three Automobiles for the Police Department", Councilman Carrington seconded the motion, and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 23. Councilman Carrington introduced and moved the adoption of "Resolution No. 2219 Awarding Contract for the Furnishing of One Automobile for the Fire Department", Councilman Maurer seconded the motion, and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 24. "Ordinance No. New Series Adding Sections 18-431i and 18-434 to the Alameda Municipal Code, Prohibiting the Exposure of Gambling Devices and Prohibiting Conducting or Participating in Games Played with Cards, Dice Etc. for Money, Check, Etc. and Excepting Whist or Bridge Tournaments", Councilman Godfrey moved that the ordinance 44, read be adopted, seconded by Councilman Maurer and on roll call carried by the following vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 25. "Ordinance No. New Series Reclassifying Property (Property Known as 1322 Broadway)", Councilman Maurer moved that the ordinance as read be adopted, seconded by Councilman Carrington and on roll call carried by the followin vote: Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 502 FILING: 26, Financial Statement - Jordan & Ticoulet - as of November 30, 1937. BILLS: 27. An itemized list of claims against the City of Alameda and the several thereof in the total amounts as follows, was presented to the City Council: Departments, $4649.74; Police Department, $262.81; Pound Department, $1.81; ment, $503.97; Street Department, $466.80; Health Department 326.62; Park $295.24; Golf Course Department, $461.08; Store Department, $166.42; Social Department $157.53; Initiative Relief Fund, $192.00 and Street Improvement $221.64. Councilman Maurer moved, seconded by Councilman Carrington, that the claims against the City in the amounts as listed and itemized in the List of Claims with the City Clerk on December 21st, 1937, and presented to the Council at be allowed and paid. On roll call this motion carried by the following vote Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Absent: None. departments General Fire Depart-7, Department, Service Fund, and bills filed this meeting Ayes: Noes: None. 28. There being no further business to transact, the Council adjourned to meet in regular session on Tuesday evening, January 4th, 1938, at 8 o'clock P.M. Respectfully submitted,