1954-02-02 Regular CC Minutes' REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, FEBRUARY 2, 1954
The meeting convened at 8:00 olclock P. Y. with President Sweeney presiding.
The meeting was opened with the Pledge of Allegiance to the Flag, load by Vice-
Mayor Anderson.
ROLL CALL:
The roll was called and Councilmen Anderson, Jones, McCall, Moresi and
President Sweeney, (5), were noted present. Absent:- None.
MINUTES:
1. The minutes of the regular meeting held January 19, 1954, were approved as
transcribed.
OPENING OF BIDS:
2 Bids were received and read for the furnishing of 80 Single Pendent Type
Lighting Standards with Luminaires, in accordance with Specifications and Provi-
sions therefor, No. MS 1-5L-1, as follows:
From Weld-Rite Company
Accompanied by a check in 'amount of
From Taper Tube Pole Co.
Accompanied by certified check in amount of
From Graybar Electric Company, Inc.
Accompanied by certified check in amount of
8,52o.16
853.00
9,833.62
1,000.00
1°,555.44
1,056.00
The bids were referred to the City Manager and City Attorney for study and
recommendation.
WRITTEN COMMUNICATIONS:
3i/ From the Southern Pacific Company, addressed to the City Manager and dated
January 8, 1954, with regard to the abandonment of its tracks on Lincoln Avenue
and its payment to the City of .;25,000. to defray the expense of placing the street
in a usable condition. It was pointed out that this offer is contingent upon the
delivery to it of the trackage right contract signed by the Alameda Belt Line.
Councilman Jones moved the Council authorize the City Manager to consummate the
matter as explained in this letter.
Upon the suggestion of Councilman Moresi, City Manager Froerer explained that this
negotiation, which is about to close, has been under consideration for some 7 years.
He stated that in order that the City can get cessation of the use of the street by
the trains prior to such time as it night acquire certain lands for rights of way
for the reconstruction of Lincoln Avenue from Eighth to Park Streets - the cost of
which has been estimated to be ',750,000. - certain proposed conditions have been
arranged. The Southern Pacific Company has agreed that it would, give the City a bill
of sale to the rails, ties, fastenings, etcetera until such time as the street recon-
struction can be done. The City would have the value of this salvage which, at the
time first arrangements were made, was estimated to be approximately ')32,000. Sub-
sequently, however, there has been a reduction and presently this value is about
;16,000. He said the original estimate for temporary improvement of the street was
12,000. but later, the City made a careful investigation and found the cost would be
about 2,000O Therefore, the Southern Pacific Company has agreed to deliver to the
City this cash amount of 1:325,000. and the City can elect to handle the work as it
deems advisable.
The motion was then seconded by Councilman Moresi and on roll call carried by the
following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President
Sweeney, (5)• Noes: None. Absent: None.
,..
Iv'
From the Port of Oakland, signed bv Don W. Martin, Manager, Oakland Municipal
,
,e .,
Airport, addressed to the City Manager, in response to the Cityls recent protest
against a certain low-flying aeroplane. The flight path of this particular aircraft .
was outlined and it was claimed that the aeroplane, when in flight over Alameda, was
not below 3,000 feet. Assurance was given that both. the Airport Officials and the
Civil Aeronautics Administration are working together and every effort is and will be
made to continue definite adherance to rules governing flights of planes over
restricted areas.
5.v From the Department of Commerce, Civil Aeronautics Administration, Aviation
Safety District Office, signed by Kent G. Davis, Supervising Agent - addressed to
the City Manager - concerning the same protest against low-flying planes. Mr. Davis
offered to appear before the City Council at one of its meetings if, by so doing,
he could clarify the situation.
Councilman Jones stated the Council will continue to do what it has done - any
protests against low-flying planes will be reported and complained. about to the
proper authorities. He pointed out the Council has already found that these matters
are not within the jurisdiction of the City and they can just be submitted to the
officials concerned. He suggested it might be well to have Mr. Davis appear before
the Council and also Five the subject publicity in the newspapers if necessary, in
order to obtain satisfactory results.
6.4.7
From the County of Alameda, H. P. Gleason, Sheriff, submdtting copy of a reso-
lution. extending an expression of annreciation to all groups of news disseminating
media for their cooperatiolnin maintaining silence dune te recent San Francisco
kidnaping case. This resolution had been adopted by the Sheriffs and. Chiefs of
Police of the Third Region of the State of California, at a meetinr held January 21,
19_54.
President Sweeney stated he wanted to compliment the local newspaper and representative
of the Oeklard Tribune and the Alameda Police Department for their fine cooperation in
this respect during the recent kidnaping, case. He said that when something is to be
done correctly it takes coordination and this case exemplifies what can be done tc
assure success.
7. From Mr. G. F. Heuer, t3 HaiEht Avenue, remindinE the Council that the Federal
Government housing in Alameda was instituted strictly as a wartime, emergency measure
and that the housing projects do not conform to the established building code for
this area. He stated the elimination of the projects from the City would undoubtedly
require an economic adjustnent, but felt this adjustment can be orderly if the land
is then sold to private individuals who desire to build homes in the areas concerned.
President Sweeney thanked Mr. Heuer for his letter and for having pointed out certain
pertinent facts en this subject. He stated the Council is now :giving consideration
to this matter.
ORAL CUMUNICATTOS:
8. At this point, President Sweeney stated it gave him- great honor and pleasure to
recognize one of the members of the Fire Denartment, Ernest Servente, Assistant Chief
who has successfully completed an extension course, in Municipal Fire Administration
conducted by the International City Managers! Association. He presentee him with the
Certificate of Completion and congratulated him upon his fine work.
He also comnlimented Chief Lane upon his very fine Fire Department nnd said he
corrended him not only for the Council but on behalf of all citizens of Alameda.
Chief Lane acknowledged the comrendntion and stated he was proud of his Department
and especially Assistant nhief Servente for having given of his own time to take this
course in order to increase his proficiency in his work.
9. Mr. Froerer stated at this ti)me that he was quite gratified to have accomplished
something the City has been wantinn to effect for a long time. He then introduced.
Fobert Williams who has just been employed as the Planning Director for the City
of Alameda.
President Sweeney welcomed Mr. Williams.
10. Mr. Frank Gottstein vigorously spoke against retaining the housing projects -
he felt the City should. clear them out and allow the land to be developed by private
enterprise. He said the people had been given to understand that these projects were
to be just temporary and. he did not think the City should go into the housing business.
Councilman Jones stated there had been. a meeting last week on the subject of housing
and he emphasized that the only purpose the City of Alameda would have for taking
over this housing would. be for the redevelopment of this property which. entails the
establishment of a Redevelopment Agency for the very purpose of seeing that this is
accomplished. He pointed out that, in order to accomplish this ultimate purpose,
it is necessary for the City te,work through certain acencies and the property will
be taken over only just so long as the need requires control and development by the
City. He said the City is actively at work on the problem at the present time.
Councilman Anderson stated he thought action would be forthcoming promptly. He said
information as to everything that pertains to the subject has been obtained from
some of the members of the Council as a result of discussions with Mr. Justin Herman,
Regional Representative of the Housing and Home Finance Ageney and Mr. David Christy,
Secretary and Executive Director of the Housing Authority of the City of Alameda and
also consultation with Er. James Campbell, Planning Consultant, as to the local
problems and as to how to meet the problem in cooneration with the Federal Government.
He felt the members of the Council had considered the matter thoroughly - research
has been done - there is a meeting of minds on the subject and he thought the action
will be right.
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REPORTS OF COMMITTEES:
11. From the City Manager, recommending that Mr. Werner King, Director of Sanita-
tion and Milk Inspector, be authorized to attend the Annual Dairy Industry Conference
to be held at the University of California College of Agriculture at Davis, on
February 8, 9, 10, 1954; that $25. be appropriated for this purpose and also that
he be permitted to use a City car for his transportation.
Councilman Anderson moved the City Manager's recommendation be adopted; that Mr.
King be authorized to attend the specified Conference for the designated period,
that $25. be appropriated for his expenses and he be allowed to use a City car for
transportation. The motion was seconded by Councilman McCall and on roll call
carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi
and President Sweeney, (5). Noes: None. Absent: None.
12. From E. H. Rogers, Building Inspector, stating it has become necessary for his
Department to proceed with the abatement of a public nuisance in the form of the
building known as 929 Eagle Avenue, as it is a fire hazard, a breeding place for
rodents and a likely resort for vagrant or dissolute persons. He therefore re-
quested the Council's approval of this condemnation which will follow the procedure
prescribed in Chapter 4 of the Alameda Municipal Code.
Councilman Jones questioned the fact that the Building Inspector did not indicate
whether or not he had contacted the owners of the property before definite condem-
nation steps were to be taken. He thereupon moved the letter be referred back to
Mr. Rogers for full information. There was no second.
Councilman Anderson moved the request of the Building Inspector be approved. The
motion was seconded by Councilman McCall.
In response to questions by Councilman Jones, City Attorney Clark outlined the pro-
cedure pertaining to the abatement of dila pidated buildings as set forth in the
Alameda Municipal Code and stated that, knowing Mr. Rogers' concientiousness in the
performance of his duties, he would assume that the owner had been contacted and
given proper notice to rectify the situation within a certain period of time.
Councilman Jones stated he is certainly in favor of the abatement of a nuisance but
he is not in favor of the manner of the procedure.
The question was called for and on roll call the motion carried by the following vote.
Ayes: Councilmen Anderson, McCall, and Moresi, (3). Noes: Councilman Jones and
President Sweeney, (2). Absent: None.
13. At this point,. President Sweeney asked the City Clerk to read a copy of a letter
prepared by the City Attorney for the Council's information, setting forth his
analysis of the several items of protest contained in the letter from Mr. E. W.
Paterson, dated January 16, 1954, which had been read at the Council meeting held
January 19, 1954. This is in connection with the operations of Mr. M. E. Lee.
Considerable discussion ensued between City Attorney Clark and Mr. Paterson with
regard to the interpretation of the provisions of the Zoning Ordinance pertaining
to regulations in the "C" Multiple Dwelling District.
14. From the City Attorney, submitting his opinion in the matter of the appeal by
Mr. M. E. Lee from the decision of the City Planning Board denying his petition to
allow the construction of a 7 -story apartment house on his property known as 2001
Central Avenue. He stated that, in view of the fact that Mr. Lee's petition was for
a variance, the Planning Board's action in denying same was entirely proper. He
pointed out that Variances relate to unnecessary hardship and there was no evidence
of hardship offered, therefore, the decision of the Board should be affirmed. Mr.
Clark stated, however, should Mr. Lee file a petition for a Use Permit, authorizing
the installation of a janitor's apartment in the basement, the Planning Board could
properly grant the petition as Use Permits are authorized on a different basis than
Variances - being on the basis of substantial public service and convenience from
the use, as absence of danger or annoyance to nearby property owners or residents.
He said that in the event a Use Permit were granted, such conditions as the Board
might deem necessary could be attached to the permit.
Councilman Jones stated that, on the basis of the City Attorney's ruling, the Council
can do nothing but affirm the action taken by the City Planning Board in denying Mr.
Lee's petition. He thereupon moved that Mr. Lee's requested variance be denied. The
motion was seconded by Councilman Moresi and on roll call carried by the following
vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5).
Noes: None. Absent: None.
Councilman Jones suggested that copies of the two foregoing letters from the City
Attorney be given to the members of the City Planning Board, Mr. Lee and Mr. Paterson.
INTRODUCTION OF ORDINANCES:
15. Councilman Moresi introduced the following ordinance, after which it was laid
over under provision of law and the Charter:
49Z
"Ordinance No.
New Series
An Ordinance Amending the Alameda Municipal Code by
Amending Section 15 -346 Thereof and Repealing Sub-
section (2) of Section 15 -38, Relating to the
Operation of Nursing Homes."
NEW BUSINESS:
16. Councilman Anderson moved the City Manager write a letter to the Public Housing
Administration requesting it to authorize the Housing Authority of Alameda to make
application for the transfer of Temporary War Housing in the City of Alameda. The
motion was seconded by Councilman Moresi and on roll call carried by the following
vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5).
Noes: None. Absent: None.
Upon Councilman Jones suggestion, Councilman Anderson reviewed the situation with
regard to the Temporary War Housing. He said that, last year in New Orleans, the
City Manager, the Mayor and he had talked with Mr. Charles Slusser, Public Housing
Administration Commissioner, through whose Department the housing would be eliminated -
all, that is, with the exception of what was necessary to meet the demands of the
Defense Department. When this housing had been eliminated, the land would then be
sold at market value. He thought that poses a problem because the Federal Government
would appraise it and there would probably be only one appraisal and if no one happens
to buy the land at its price, it then would be Federal -owned land - if any land is
left vacant, it will be used by the Federal Government and is off the tax base forever.
He said that is the major problem in Alameda - the large percentage of land off the
tax rolls. He stated the City Attorney has ruled that the Council itself is not in
a position to take over the housing because of the matter of the debt obligation -
but it is possible, under the law, for the Housing Authority to give a Deed of Trust.
The amount of money needed to pay off this debt would be handled over a period of
years. It would be possible for the Housing Authority to acquire about 90 acres of
Government -owned land in Alameda - and do so at cost, plus fill. He felt that, from
information the Council has received, it would be an advantageous financial situation.
He said there is financial cooperation available from the Federal Government if a
community in this situation desires to avail itself of the provisions and possi-
bilities of the Redevelopment Act - and there is also the point that the Federal
Government redevelopment program takes cognizance of the desire to adequately house
the citizenry of the United States and the Federal money for that purpose. He
mentioned that the University of California owns approximately 160 acres of the land
on which temporary housing is located and by going into a Redevelopment Agency, there
is the possibility that the Board will have the right of condemnation of landin Alameda.
He brought out the fact that for about 45 years the people of Alameda have had to pay
additional taxes because one individual gave certain property to the University of
California. He said the Regents' policy at the present time is to dispose of land
which the University owns and which is non - operative for University purposes. He
said the power of condemnation is a mighty potent factor on which to do business.
He said it is the sincere desire of the Council, in the interests of the citizens of
Alameda, to widen the tax base by acquiring these 90 acres of land and restoring them
to the tax rolls. He said there has been enough joint consideration of the matter to
see the situation clearly and to know the proper procedure. He felt this action would
broaden the tax base, clear up the situation and return the City of Alameda to the
standard as known by a great many people before it became necessary to have the
housing projects.
17 Councilman Moresi moved that the City Manager be instructed to proceed with
proper notice to the Board of Supervisors of Alameda County that something be done
promptly to bring the Posey Tube up to more satisfactory conditions - particularly
that it should be painted and the lighting improved - and also, that a copy of this
notice be sent to the Oakland City Council so that it, too, can ask the Board of
Supervisors for similar improvements. The motion was seconded by Councilman Anderson
and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones,
McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None.
RESOLUTIONS:
18. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution= No. 4865
Authorizing the Filing of a Request for a Special
Census of the City of Alameda with - -the Bureau of
The Census of the United States, and Appropriating
Funds for the Cost Thereof."
The motion to adopt said resolution was seconded by Councilman McCall and on roll call
carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and
President Sweeney, (5). Noes: None. Absent: None. Thereupon the President
declared said resolution duly adopted and passed.
19. The following resolution was introduced by Councilman Anderson, who moved
its adoption:
"Resolution No. 4866
Urging the Federal Communications Commission to
Grant a License and Construction Permit for
Television Channel 2 to be Located within the
City of Oakland, California."
The motion to adopt said resolution was seconded by Councilman McCall and on roll,,
call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall,
Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
20. At this point, President Sweeney called upon Councilman Jones to speak in
eulogy of former Mayor Milton C. Godfrey. Councilman Jones stated he was glad to
have the privilege of saying a few words in praise of his friend, "Milt" Godfrey.
He said it had been a privilege to have served with him on the Council while he
was Mayor of the City of Alameda -and during that time he was much impressed by the
serious consideration given to all problems by Mr. Godfrey. Councilman Jones
pointed out that, prior to that time, Mr. Godfrey had served on the Planning
Commission and had acquitted himself with such distinction that his friends had
persuaded him to run for the office of Councilman. He had also been a member of the
Board of Education and had to resign from that position upon his appointment to the
Board of Directors of the East Bay Regional Park District. Councilman Jones stated
the City has lost a valuable leader and a distinguished citizen as he always maintain-
ed a keen interest in the activities of the City.
Councilman Jones thereupon introduced the following resolution and moved its adoption:
"Resolution No. 4867
IN MEMORIAM TO MILTON C. GODFREY
'WITH PROFOUND SORROW, the Council of the City of
Alameda records the untimely death of former Mayor
MILTON C. GODFREY, a lif -long resident of the City of
Alameda.
'WHEREAS, Mr. Godfrey was very highly esteemed for
his personal interest in the welfare of the community
and his outstanding record of public service; and
'WHEREAS, he had served the City faithfully and
diligently for many years in several capacities - having
been a member of the City Planning Commission, a City
Councilman, the Mayor and a member of the Board of
Education. At the time of his death, Mr. Godfrey was
an active member of the Board of Directors of the East
Bay Regional Park District, which appointment had brought
distinction and honor to himself and this City.
'NOW, THEREFORE, BE IT RESOLVED that, in recognition
of Mr. Godfrey's wholehearted participation in the civic,
fraternal and Church activities of this community - and
his friendliness to all with whom he associated, the Council
of the City of Alameda hereby expresses its sense of
personal loss and its gratefulness for the untiring efforts
expended by Mr. Godfrey in promoting the best interests of
the City in whatever position he held.
'BE IT FURTHER RESOLVED,, that this Resolution be
spread in full upon the minutes of this meeting, and that
a copy thereof be transmitted to the family of Mr. Godfrey,
that it may extend to its members a sincere expression of
sympathy and condolence in their bereavement; and
'BE IT FURTHER RESOLVED, that when this meeting of the
Council of the City of Alameda adjourns, it shall do so in
respect to the memory of MILTON C. GODFREY."
The motion to adopt said resolution was seconded by Councilman Anderson and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall,
Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
21. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 4868
Amending Paragraph 11 of Section 2 of Resolution
No. 4786, by Changing the Class Titles of Three
Positions in the Street and Engineering Department."
The motion to adopt said resolution was seconded by Councilman McCall and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall,
Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
22. The following resolution was introduced by Councilman Moresi, who moved its
adoption:
"Resolution No. 4869
Adopting Specifications for Furnishing One (1) New,
1954 Business Coupe of One (1) 2 -Door Sedan to the
City of Alameda, for the Building Department,
Calling for Bids and Directing City Clerk to
Advertise Same."
The motion to adopt said resolution was seconded by Councilman Jones and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall,
Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
23. The following resolution was introduced.by Councilman Moresi, who moved its
adoption:
"Resolution No. 4870
Approving First Supplemental Memorandum of Agreement
for Expenditure of Gas Tax Allocation for Major
City Streets and Authorizing the Execution Thereof."
The motion to adopt said resolution was seconded by Councilman Jones and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall,
Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
24. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 4871
Adopting Specifications for Furnishing Parts for
Seagrave Pumper to the City of Alameda, for the
Fire Department, Calling for Bids and Directing
City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman McCall and on roll
call carried by the following vote. Ayes: CouncilmentAnderson, Jones, McCall,
Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
25. "Ordinance No. 1115,
New Series
An Ordinance Reclassifying Property by Adding
Section �4 to Ordinance No. 725, New Series.
(1416 Seminary Avenue, Bay Farm Island)
Councilman Anderson moved the ordinance be adopted as read. The motion was seconded
by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen
Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent:
None.
26. "Ordinance No. 1116,
New Series
An Ordinance Reclassifying Property by Adding
Section 75 to Ordinance No. 725, New Series.
(710 Central Avenue)
Councilman Moresi moved the ordinance be adopted as read. The motion was seconded
by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen
Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent:
None.
499
5
27. At this point, President Sweeney introduced and welcomed the following: Mr.
Terry LaCroix, Jr., President of the Alameda Junior Chamber of Commerce, Mr. Otto
Keim, President of the Alameda Chamber of Commerce, Mr. Ford Thomason, Vice President
of the City Planning Board, and Mr. William Werner, owner and publisher of the Alameda
Times -Star.
FILING:
28. Specifications - No. MS 2 -54 -2 - For Furnishing One 1954 Business Coupe or
2 -Door Sedan Automobile for Building Department.
29. Specifications - No. MS 2 -54 -3 - For Furnishing Parts for Seagrave Pumper.
30. Financial Statement - Bureau of Electricity, as of December 31, 1953,
Verified by Middleton, Suman & Hackleman.
BILLS:
31. An itemized List of Claims against the City of Alameda and the several Depart-
ments thereof, in the total amount of $20,397.39 was submitted to the Council at
this meeting.
The List was accompanied by a certification from the City Manager that the Claims
shown were correct.
Councilman Anderson moved the bills as itemized in the List of Claims filed with the
City Clerk on February 2, 1954, and submitted to the Council at this time, be allowed
and paid. The motion was seconded by Councilman McCall and on roll call carried by
the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President
Sweeney, (5). Noes: None. Absent: None.
ADJOURNMENT:
32. There being no further business to come before the meeting, the Council
adjourned in respect to the memory of MILTON C. GODFREY, former Mayor of the City
of Alameda - to assemble in regular session on Tuesday evening, February 16, 1954,
at 8:00 o'clock.
Respectfully submitted,