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1954-02-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, FEBRUARY 16, 1954 The meeting convened at 8 :00 o'clock P. M. with President Sweeney presiding. The Pledge of Allegiance was lead by the Boy Scout Mayor LeRoy Washburn. President Sweeney welcomed the Boy Scouts of America, not only those officiating this evening, but those attending the meeting as spectators. He introduced Mr. Chester Wilson, Director of the Alameda Boy Scouts and Dr. Paul H. Cronenwett, President of the Alameda Boy Scout Council. 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 °February 2, 1954, were approved as transcribed. OPENING OF BIDS: 2` Bids were received and read for furnishing one New, 1954 Model Business Coupe or One 2 -Door Sedan for the Building Department of the City of Alameda, in accordance with Specifications and Provisions therefor, No. MS 2 -54 -2, as follows: From Garland Chevrolet Co. Accompanied by certified check in " amount of From Morris Landy Motors Accompanied by cashier's check in amount of - - $1,557.51 - - 155.75 IMO 111 1,571.91 157.19 The bids were referred to the City Manager for study and recommendation. 3• No bids were received on the City's call for furnishing miscellaneous parts for the Seagrave Pumper in the Fire Department, in accordance with Specifications -and Provisions therefor, No. MS 2 -54 -3. Councilman Jones stated that, in view of the fact that there are no bids for furnishing these items, he would move the City Manager be authorized to make these purchases in the open market. 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. WRITTEN COMMUNICATIONS: 4: From certain property owners on Eagle-Avenue and Wood Street, commending Building Inspector Rogers for initiating condemnation proceedings against the structure at 929 Eagle Avenue and thanking the Council for approving his recommendation. The communi- cation set -forth the deplorable condition and fire menace of the building and also was accompanied by two snapshots of the dilapidated house. The letter was noted and President Sweeney stated this matter is to come up under "Hearings" this evening. 5( From Gene Saalwaechter, Chairman, Alameda's Special Events, The National Foundation for Infantile Paralysis, Inc. (March of Dimes)-commending the several City Employees and Departments who participated in making arrangements for the benefit baseball game held at Washington Park on Sunday, February 7. It was pointed out that the proceeds from the game were $753.30 for the March of Dimes Fund. Mr. Saalwaechter also mentioned that a total of $526. was donated during Alameda's Sixth Annual March of Dimes Bowling Tourna- ment. President Sweeney, on behalf of the Council, complimented all those involved in making this March of Dimes contribution such a huge success. 6. From Mr. J. Paul Gutleben, 1917 Stanford Street, expressing regret that the Council has gone on record to acquire the seven temporary war housing projects. Councilman Moresi moved this letter be acknowledged with an explanation to Mr. Gutleben with regard to the method of acquiring the housing units and the proposed operation and demolition thereof so he will understand what is contemplated by the Council. The motion was seconded by Councilman Anderson and unanimously carried. ORAL COMMUNICATIONS: vt 7. Mr. Frank Gottstein registered a complaint about the fact that automobiles are left standing on the streets too much and proper garage facilities are not furnished. He felt the old "jalopies" should be cleared off the streets. He pointed out that other cities have their Police Department tow them away and emphasized that Alameda should take the same action. 8.V President Sweeney inquired if there was anyone in the audience from the Civil Aeronautics Administration or the Oakland Municipal Airport. He explained that he had been expecting someone from those offices to appear this evening and, therefore, letters had been written to the several persons who have protested against the low - flying aeroplanes, inviting them to also appear. The following persons spoke at great length on this subject: Mr. Robert Downie, 1377 Garfield Avenue, who spoke on behalf of the East Shore Home Owners'' Association of which he is President; Mr. and Mrs. Eugene Daggett, 1506 Mound Street; Mr. Don Cathro, 1022 Court Street and several others. All reiterated their protests and took issue with the contention of the Civil Aeronautics Administration that its planes fly above the minimum height regulation. President Sweeney stated the Council has been working on this matter for a long time and called upon the City Manager to report on the steps taken. Mr. Froerer stated that letters have been written to the followings the previous manager of the Oakland Municipal Airport; the present manager, Mr. Don Martin; the Port of Oakland; Mr. Kent.. Davis, Supervising Agent of the Civil Aeronautics Administration at the Oakland Air- port; the Bureau of Aeronautics at Washington, D. C.; Officials of the Civil Aero- nautics Administration at Los Angeles; Congressman George P. Miller and the Oakland City Council. Mr. Erbon Delventhal, 3321 Liberty Avenue, stated that letters have had no effect and the City should now bring suit. Upon request, City Attorney Clark stated that the last time Mr. Froerer and he had been at the Oakland Airport for a conference on this matter, he had stated to the manager and to a representative of the Civil Aeronautics Administration that if this low - flying continued, the City of Alameda, on behalf of its residents, might have to bring an action to abate the airport as a nuisance. The right of abating the airport was very much in question, particularly on the part of officials of the Oakland Muni- cipal Airport. The Civil Aeronautics Administration official was not sure it couldn't be done. The City Attorney stated, however, that with an installation of that size and importance, the City's best approach is to try to get them to remedy this . situation. He said there are corrective measures now being taken which will largely alleviate the condition. Councilman Moresi pointed out there have been many letters written and personal discussions held. She said that Messrs. Downie and 'Daggett have now presented some very definite and authoritative information and she thought that possibly a conference could be held with Mr. Frost, Manager of the Port of Oakland and perhaps the heads of the Civil Aeronautics Administration - and submit these facts and see what >can be effected - instead of carrying on further correspondence. Councilman Jones stated he thought the time had come to take Mr. Davis'up on his offer to appear before the Council on this subject. He said he felt it is the Council's responsibility to do everything possible to correct the situation. He suggested that Mr. Downie submit in a letter some of the same observations and recommendations he presented tonight and the Council could arrange to have a subsequent meeting. Mr. Froerer stated he felt sure Mr. Kent Davis would be willing to appear before the Council at an open meeting or in Committee of the Whole. Councilman McCall thought the discussion on this matter should be held in the Council Chamber. Councilman Anderson stated that when the City receives complaints and has reason to believe that Key System is not furnishing enough busses to give adequate transportation service, the taxpayers' money is used to make a survey. That is a public convenience which, important as it -is, is nothing as compared with the dangers of low - flying planes. The City should engage qualified people to set a watch on these planes going to the airport and make a log on their estimate of the height at which they are flying. If their reports show the planes are not maintaining a minimum altitude then action should be taken. The City should stop writing letters and file a suit. Councilman Jones stated there have been many interesting and valuable suggestions made. Many points made are of a legal nature and it would be most unfair to ask the City Attorney to give an opinion at this time. Therefore, he moved the matter be referred to the City Attorney to have him report back to the Council at the next meeting concerning any suggestions he might have to remedy this problem. The motion was seconded by Councilman Anderson and unanimously carried. Councilman Anderson then moved the City Manager be instructed and authorized to spend the necessary money to gather factual data on low- flying planes over Alameda. The motion was seconded by Councilman Jones. Speaking on the question, Councilman McCall stated this check should not be made only in daylight hours. If an investigation is to be made it should be carried through the night hours, too. He also asked that this survey include the area over Bay Farm Island. Councilman Anderson stated he was agreeable to amending his motion to include that it be a "complete" survey. Councilman Jones consented to the amendment and on roll call the motion as amended carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 9. At this point, Councilman Jones stated that, since the Alameda Boy Scouts are present this evening and it is getting late, possibly their part of the program should be started now and the Hearing be deferred to the end of the meeting. It was so ordered. President Sweeney thereupon turned the meeting over to Mayor LeRoy Washburn of the Boy Scouts and his corps of officials. REPORTS OF COMMITTEES: 10. From the City Manager, stating the furnishing and erection of a Chain Link Fence at the Corporation Yard has been satisfactorily completed, recommending the work be accepted and the Notice of Completion be ordered filed. Councilman Jones moved the City Manager's recommendation be approved; that the work be accepted and the Notice of Completion be filed. 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. 11. From the City Manager, requesting permission to attend the Annual Spring Conference of the City Managers' Department of the League of California Cities - to be held in Santa Monica, from February 24 -27, 1954; that $100. beappropriated for this purpose and a City automobile be used for transportation. Councilman Anderson moved the City Manager's request be granted and he be permitted to attend this Conference for the period specified, that $100. be appropriated for his expenses and he use a City car for his transportation. 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. 12.E From George A. Rose, Chairman of the Recreation Commission, recommending that the preliminary plans for Lincoln Park Clubhouse and the initial development of Krusi Park, as submitted by Mr. Andrew T. Hass, Architect, be approved - and the City Manager be authorized to have Mr. Hass proceed. Councilman Anderson stated the Recreation Commission and Mr. Hass have gone over these plans and, as a result of their meetings and consideration, the preliminary plans have been presented to the Council. He pointed out, however, the Council has not had an opportunity to meet with the Recreation Commission or Mr, Hass to go over the plans in detail. Therefore, he would like to suggest that this matter be continued until the Council has had a meeting with the Recreation Commission and an opportunity to review the plans and make certain suggestions. He felt that, by and large, everything is in order - it is a clear and well thought -out program. He thereupon asked the President to continue the matter so that the Council can meet with the Recreation Commission and Mr. Hass. It was so ordered. 13 ✓ From the City Manager, reporting that the Social Service Board recommended that the Executive Secretary and a member of the Board be authorized to attend the Governor's Conference on Youth problems - to be held in, Sacramento, on February 25 -26, 1954. He advised that if these officers attend this Conference, an appropriation of $40. will be required for their expenses and permission granted to use a City car for transporta- tion. Councilman Moresi moved the Executive Secretary and a member of the Social Service Board be authorized to attend this Conference for the specified period; that $40. be appropriated for their expenses and a City automobile be used 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. INTRODUCTION OF ORDINANCES: 14. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Creating an Advisory Health Board, Providing for the Appointment of the Members Thereof, and Prescribing the Powers and Duties of Said Board." 15. Councilman Jones introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 18 -615 Thereof, Relating to Loitering on the Streets and Sidewalks of the City." Upon Councilman Moresi's request, City Attorney Clark stated this ordinance was prepared at the request of the Police Department. It is aimed primarily at stopping, before it gets too far along, the forming of gangs. He explained the police have been having serious trouble on Park and Webster Streets with groups - and under the present set -up, the police do not have sufficient authority to curb this menace. NEW BUSINESS: 16. Councilman Jones moved the City Attorney be requested to draw up an ordinance setting up a Redevelopment Agency for the City of Alameda and submit the ordinance for the Council's consideration at the next meeting. 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. RESOLUTIONS: 17. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4872 Offering Assistance and Giving a Vote of Confidence to the Various Groups Working on the Rapid Transit Problem in Alameda County and Subscribing to Certain Basic Principles as the Foundation of Future Progress and Planning." The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4873 Withdrawing City's Request for Relinquishment to It Of Temporary War- Housing and Rescinding Resolutions Nos. 4271 and 4755, Relating Thereto." 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. 19. The following resolution was introduced by Councilman Anderson, who moved -its adoption: "Resolution No. 48�4 Authorizing the Housing Authority of the City of Alameda to Make Application to Public Housing Administration for Transfer to the Authority of Temporary War Housing Located in the City of Alameda." 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. ORDINANCES FOR PASSAGE: 20. "Ordinance No. 1117, New Series Amending the Alameda Municipal Code by Amending Section 15 -346 Thereof and Repealing Subsection (2) of Section 15 -348, Relating to the Operation of Nursing Homes." Councilman Anderson moved the ordinance be adopted as read. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Council- men Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 21. At this point, President Sweeney introduced Mr. Rusk Rigor, Field Scout Executive of the Alameda Boy Scouts, who in turn, introduced several of the Troop Scoutmasters. President Sweeney extended thanks to all of these men for the time and effort they have given for many years in Scout work. He said the City is very proud of its Boy Scouts and congratulated the corps of Boy Scout officials who were in attendance this evening. Mr. Wilson thanked the City Council for its cooperation in making the Boy Scout Day in Government successful - and pointed out there were 20 boys participating. At this point, a recess was declared to allow the Boy Scouts to retire. The meeting re- convened under the heading of "Hearings ". HEARINGS: 22. Mr. Clark presented the matter of the condemnation of the dilapidated building known as 929 Eagle Avenue. He stated this proceeding is carried out under provisions of Chapter 4 of the Alameda Municipal Code. The procedure was instigated by Building Inspector Rogers against the structure known as 929 Eagle Avenue which has become dilapidated through old age or neglect. He stated there is on file the Affidavit of posting and mailing of notice, as required by provisions of the Code and also on file is a return receipt signed by Angelo Servente. Mr. Clark asked if Mr. Servente, owner of the property, was present or represented - and there was no response. Mr. Clark called upon his first witness, Mr. E. H. Rogers, Building Inspector, who was sworn in by the Clerk. Upon interrogation, Mr. Rogers stated he had inspected the premises that afternoon and also on several previous occasions. He stated that in May, 1953, he had written to Mr. Servente to call at his office to decide whether he wanted to repair the house or tear it down. At that time, Mr. Servente had asked for more time in which to try to dispose of the property. Then on January 18, 1954, Mr. Servente was advised that he, (Mr. Rogers) would have to proceed to condemn the building because it was being invaded by tramps and children and he was afraid some of the children might get hurt. Mr. Rogers pointed out the dwelling was built about 65 -70 years ago, the floors are sagging, walls are beginning to bulge, roof leaks, front porch and steps are not safe to walk on and there has been a fire in the building and the damage has never been repaired. Mr. Clark offered pictures of the premises in evidence of the dilapidated condition thereof. He asked what the value of the building is and Mr. Rogers answered that it has no value at all. Upon the City Attorney's request, Mr. Rogers read an itemized estimate of the cost to repair the structure.in order that it would be habitable which total amount is $5,550. Mr. Clark then called Fire Chief Thomas M. Lane as his next witness. Chief Lane was sworn in by the Clerk. Upon the City Attorney's query as to his agreement with the statements made by Mr. Rogers, Chief Lane corroborated the Building Inspector's remarks. He also stated that, to his knowledge, the premises have been vacant since the fire which occurred on May 6, 1953. He stressed the fact that the building is a constant fire hazard. City Attorney Clark asked if the Council had any questions in this matter. There were none. Mr. Clark stated testimony has been presented by Fire Chief Lane and Building Inspector Rogers to the effect that the condition of the building constitutes a public nuisance and a fire menace. He pointed out that, under provisions of the Code, the owner is required to repair or raze the building - and if he fails to do so, the building is demolished and the cost of the work is charged to the owner. He, therefore, requested that the Council at this time, and in line with the evidence offered, adopt a reso- lution which will find and declare this building to be a public nuisance and which will instruct the owner to make necessary repairs or demolish the structure within thirty days - and further, it will authorize the Building Inspector to proceed with the work in the event the owner fails to comply. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4.875 Declaring Building Known as No. 929 Eagle Avenue, Alameda, California, to be a Public Nuisance." The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. FILING: 23. Financial Statement - City of Alameda as at January 31, 1954 - Verified by Middleton, Suman and Hackleman. BILLS: 24. An itemized List of Claims against the City of Alameda and the several Depart- ments thereof, in the total amount of $19,078.89 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 16, 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. 25. At this point, President Sweeney asked if any tentative plans have yet been made with regard to the annual Flag Day Celebration. Councilman McCall, General Chairman of the Flag Day Committee, reported that Mr. Neil Clark, Administrative Assistant, is working on the preliminary details at present. ADJOURNMENT: 25. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, March 2, 1954, at 8 :00 o'clock. Respectfully sub City, lerk 7