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1953-03-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MARCH 17, 195,3 The meeting convened at 8:00 otclock P. M. with President Osborn presiding. ROLL CALL: ittm. [ t The roll was called and Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4), were noted present. Absent: Councilman Jones, (1). MINUTES: 1. The minutes of the regular meeting held March 3, 1953 were approved as transcribed. aehNING OF BIDS: 2 Bids were opened and read for the project of the Reconstruction of San Antonio Avenue, from Morton Street to Ninth Street, in accordance with Specifications, Special Provisions and Plans therefor, No. PW 9-52-14, as follows: From Lee Construction Co. $65,382.50 Accompanied by a Bid or Proposal Bond From Ransome Company Accompanied by certified check in amount of From Gallagher & Burk, Inc. Accompanied by certified check in amount of From O. C. Jones & Sons Accompanied by a Bid Bond - - $65,814.80 - - 6,600.00 - $63,572.00 - 6,500.00 - - $59,250.05 From J. Henry Harris - - $58,697.70 Accompanied by a Bid Bond 3: Bids were opened and read for the project of Resurfacing the Golf Course Park- ing Lot, in accordance with Specifications, Special Provisions and Plans therefor, No. PW 3-53-4, as follows: From John A. Carstensen Accompanied by a Bid Bond From O. C. Jones & Sons Accompanied by a Bid Bond From J. Henry Harris Accompanied by a Bid. Bond W4/ • IMO 019 $ 4,470.00 $ 3,925.00 $ 4,250.00 From Gallagher & Burk, Inc. - - $ 3,860.00 Accompanied by certified check in amount of 400.00 From Ransome Company - - $ 3,950.00 Accompanied by certified check in amount of 400.00 From Fredrickson & Watson Construction Co. - - $ 3,780.00 Accompanied by a Bid or Proposal Bond • MI@ Bids were opened and read for the project of the Reconstruction of Peach Street from Madison to Washington Streets, in accordance with Specifications, Special Pro- visions and Plans therefor, No. PW 3-53-5, as follows: From O. C. Jones & Sons 09/0 30,574.00 Accompanied by a Bid Bond From Lee Construction Co. $32,029.20 Accompanied by a Bid Bond MP WO From Ransome Company Accompanied by certified check in amount of From Gallagher & Burk, Inc. Accompanied by certified check in amount of - $31,475.00 - 3,200.00 - - $29,391.50 - - 3,000.00 From J. Henry Harris - $29,644.50 Accompanied by a Bid Bond 0 5: One bid was submitted and read from Morris Landy Motors, for furnishing nine (9) New, 1953, Latest Model Two-Door Sedans for the Police Department, in accord- ance with Specifications and Provisions No. MS 3-53-4 - for the total cash balance amount of $7,571.05. The bid was accompanied by a cashier's check in the amount of $757.11. All of the foregoing bids were referred to the City Manager and City Engineer for study and recommendation. WRITTEN COMITuNICATIONS: 61/ From the Alameda Chamber of Commerce, requesting the Council to take steps to file an application to acquire the public housing projects and units, when same would become available in case this step was deemed advisable at that time. Also, concurrently with this action, the Chamber recommends that the City establish an appropriate agency to relocate the tenants now occupying said units, and in an orderly fashion to close down and demolish the Temporary War Housing buildings as soon as practicable. Further, that the City take appropriate steps to use the land for the development of industry and home, as shall best fit the needs of the City. Councilman Branscheid stated this is a matter which the Council has been working on for several years and he was glad to see that the Chamber of Commerce is taking an interest. He said, however, that the communication makes certain recommendations and he felt these must be backed by some substantial evidence and he would, there- fore, move that the City Manager be instructed to acknowledge receipt of the letter and ask the Chamber to give the Council any further information it may have with regard to its recommendations. The motion was seconded by Councilman Sweeney. Speaking on the question, Councilman Anderson stated that from the contents of this letter, he felt the Council is already in the position right now that the Chamber asks it to be. President Osborn stated that three or four weeks ago, he called to Mr. Neil Clark's attention the fact that the Government had notified the City that it had to bring its position up to date in all requirements to be qualified to take over this housing if and when the Federal Government declared that the City is no longer in a critical housing area. He pointed out that this is still a critical housing area. He stated he had asked Mr. Neil Clark to check the City's position so that if all particulars were in order the City could proceed with whatever action it desired to take. The question was then put and the motion was carried unanimously. Upon Councilman Sweeney's inquiry, the City Manager stated there is to be a meeting held in Sacramento this Friday, March 20, from 2:00 to 5:00 o'clock P. M., which has been called by the Defense Mobilization Service Committee. There are to be representatives of real estate, trade, City, County and State Governments to dis- cuss the matter of disposing of some 80,000 temporary war housing units in California. He said there is a rather widespread discontent on the part of the communities such as San Diego, Richmond and others which have these housing pro- jects. He, felt some very constructive policies may come from this source. 7. From The International City Managers' Association, enclosing a Certificate awarded to Inspector Jack Fink for his completion of a course in "Municipal Police Administration", with the expectation that some special recognition will be given him for his initiative. President Osborn cal led Inspector Fink forward and presented him with his Certifi- cate, stating it gave him a great deal of pleasure to commend him for his initiative and the fact that he had achieved the distinction of getting this award. He said the City is very proud of him and it again adds to the fact that the City of Alameda is blessed with the finest Police Department in the County. 8. From Mr. Paul H. Stang, Chairman, March of Dimes Bowling Committee, thanking mayor Osborn for his participation in presenting the trophies to the winning bowlers in the recent Tournament. President Osborn stated he was happy to receive this acknowledgement from Mr. Stang. He said Mr. Stang does a most excellent job in managing this Tournament and in being the moving spirit behind it as evidenced by the raising of $640, for the March of Dimes Fund. He remarked that it is a very estimable effort on Mr. Stang's part and he was happy to participate in the affair. 9K From the Bay City Fuel Oil Company, requesting a sixty-day extension of time for the removal of improvements and equipment pending the effective date of the ordinance granting a lease to this firm, which will then eliminate the necessity for this removal. Councilman Branscheid moved the sixty-day extension of time be granted to this com- pany as requested. The motion was seconded by Councilman Anderson and unanimously carried. 10. From J. S. Marriott, Regional Administrator, Department of Commerce, Civil Aeronautics Administration, in response to the several letters of protest concern- ing low-flying planes and explaining the operational problems involved and methods of solution. President Osborn stated this is a very encouraging letter and he felt sure that all those concerned will be glad to hear that such information has been received and the Council will look forward to the promised improvements. REPORTS OF C01\11ITTEES: 11' the City Manager, recommending contract be awarded to Gallagher & Burk, Inc. for the project of Santa Clara Avenue Resurfacing and. Culvert Construction, from Park to High Streets, at the low bid price of $55,325.25. Councilman Anderson moved the City Manager's recommendation be adopted; that con- tract be awarded to the designated firm for the specified project at the bid priQe quoted, and the checks or bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Tones, (1). 12' the City Manager, recommending permission be granted to Officer William Hansen to attend the Fourth Annual Conference of the California State Juvenile Officers Association, to be held in Fresno, from March 24, through March 26, 1953, and 50. be appropriated for this purpose. Councilman Branscheid moved the City Manager's recommendation be approved; that permission be granted to Officer Hansen to attend the meetings of this Association as indicated and $50. be appropriated for his expenses. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1). 13. From Mark J. Hanna, Superintendent of Streets, notifying that the City has repaired the sidewalk fronting the property known as 1800 Park Street. It was stated that the work was undertaken after the owner had failed to comply with the notice to repair. The cost of said repairs assessable against the property is $55.80. President Osborn announced that the City Attorney would prepare the necessary papers and a hearing would be set for April 7, the next meeting of the Council. 14.v From the City Planning Board, recommending the denial of the petition from John L. Sullivan requesting the reclassification of his property known as 1354 Bay Street, from the "A" to the "B" District, for the purpose of erecting a four- unit apartment house. Councilman Anderson moved the Planning Board's recommendation be sustained and the reclassification of the property in question be denied. The motion was seconded by Councilman Branscheid and unanimously carried. 15. From the City Manager, recommending that a thirty-day extension of time be granted to McGuire and Hester, contractors for the project of constructing Bond Issue Sewers, Unit IV, in which to complete their work. Councilman Branscheid moved the City Manager's recommendation be followed and the extension of time be granted as requested. The motion was seconded by Councilman Sweeney and unanimously carried. 16. From the City Manager, recommending that an additional extension of time to April 12, 1953, be granted to Gallagher & Burk, Inc. in which to complete the Santa Clara Avenue Resurfacing and Culvert Construction, from Webster to Bay Streets and from Morton to Stanton Streets. Councilman Sweeney moved the City Manager's recommendation be approved; that the additional extension of time be granted to this firm as requested. The motion was seconded by Councilman Branscheid and unanimously carried. Councilman Anderson asked if it would not be possible to allow contractors sufficient time to perform the work on any given job. He said he has voted many times to allow these extensions - none ever having been denied - and he wanted to know why the Council does not allow enough time in the first place for the project to be com- pleted within a certain period. Councilman Sweeney stated he felt a correct allotment of time has been allowed by the Engineering Department in its estimation, but the majority of these projects come within the seasons when there are rains which stop the work. Councilman Branscheid asked if, in granting these extensions, the City has ever, lost any money or been to any extra expense in connection with any of these pro- jects. City Manager Froerer answered "No" and explained that in operations where the work has been stopped, or is limited, the City personnel is reduced in accordance with the restrictions. He emphasized that there is no additional cost because with the limited City personnel and the amount of work in progress, there is always something else for them to do. 17.I/From Homer R. Dallas, Treasurer, requesting thL...t Business License Ordinance No. 834, New Series, be amended to delete Sections 13-143 and 13-144, which re- quire a sworn affidavit from the applicant before a business license can be is- sued to him. It was stated that this impedes the process of issuing the license and in no way benefits the licensing program. He also suggested that Ordinance No. 1071, New Series be amended to permit a charge of a minimum fee of at least $1.00 for each vending machine at the time the machines are installed in order that the Department , may know the number, location and owner of these machines and thus have some security and control of them. Councilman Sweeney stated there are two subjects referred to in this letter and with regard to the first matter he would move that the Council follow the recom- mendation of the City Treasurer and authorize the amendment of Ordinance No. 834, New Series to delete the requirement that business license applications be sworn to before a Notary. The motion was seconded by Councilman Anderson. Speaking on the question, Councilman Branscheid inquired of the City Attorney if there were any legal complications involved and Mr. Clark answered "No", and stated it was just a matter of form. The question was put and the motion was unanimously carried. Councilman Anderson then moved the recommendation of, the Treasurer be adopted - to amend Ordinance No. 1071, New Series so that a minimum fee of $1.00 be charged on these vending machines at the time of their installation. The motion was seconded by Councilman Sweeney. President Osborn suggested the motion include that the City Attorney be instructed to prepare ordinances covering the requested amendments. Councilman Anderson and his second accepted the amendment to the motion and on roll call it was carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1). 18. From B. E. Jost, Auditor and Assessor, with regard to the proposed Alameda County sale of a strip of tax-deeded land, 92/100 of a foot wide running off the north line of San Antonio Avenue, beginning 125 feet west of St. Charles Street. It was explained that the County inadvertently advertised this piece of land for a minimum price of $26., rather than including the additional sum of $36. due the City for delinquent taxes. However, it was pointed out that if the City dropped out of the County sale, the City Tax Collector would then have to conduct his own sale and it might further delay placing this strip back on the tax rolls. He, therefore, recommended the City Council make a motion that the minimum bid required, as advertised by the County, be accepted. Councilman Anderson stated he understands that on this situation, there has been verbal information furnished that arbitration has been arrived at with the County whereby the $26. would be divided between. the City and County - but as long as this fact has not been included in Mr. Jost's letter, he would move that action be laid over until the next meeting in order that the Auditor can furnish this definite information. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1). * 19.1 From the City Manager, requesting permission be granted to City Engineer Mark J. Hanna and Office Engineer James Brumnier to attend the Rescue Seminar at the Federal Civil Defense Administration School at St. Mary's College, to be held on March 31, and April 1, 1953, that a.sum not to exceed $4.00 be appropriated for this purpose and a City vehicle be used for transportation. UNFINISHED BUSINESS: 20.V The matter was presented with regard to the City Planning Board's recommenda- tion to deny the petition from Vladimir and Olga Turski for the reclassification of their property known as 1004 Paru Street - from the "A" to the "B" District - for the purpose of converting the existing dwelling into four apartments. This matter had been laid over from the last meeting of the Council. Councilman Anderson moved the recommendation of the Planning Board be adopted and the requested reclassification of the property in question be denied. The motion was seconded by Councilman Sweeney and unanimously carried. Councilman Branscheid stated he would like to speak on this subject. He said he thought the matter of rezoning and reclassification of properties is becoming a very serious problem in the City. There are many conditions which are not being taken under consideration when these questions come up. People do not like spot zoning and do not want multiple units in a one-family dwelling. On the other hand, there are large and valuable pieces of property in Alameda and not all are spot zoned, but if we do not recognize the problem and take some steps to remedy it, the City is going to get into trouble. He pointed out that when property reaches a certain point, the cost of plans, building and materials increases and it does not pay to remodel it into just a one-family dwelling. He emphasized that if some use is not derived from it, however, it deteriorates and the value goes down and down. He stated the problem must be worked out. He said this particular matter had been laid over in the hope that the Planning Board could work out some solution. He said he had given this question a great deal of study and had thought that possibly some of these large residences could be rezoned for apartments, if limited to one family per floor. He felt that if people are going to continue saying "No" without being willing to affect some sort of compromise, some of these properties will fall to pieces. He reiterated that the situation is serious and the Planning Board should try to get together with the people in the vicinity and work out some solu- tion. Councilman Sweeney stated the matter of planning is an industry all its own. He stated one, cause of the problem is that people come in and buy a home in an "A" District and then want to make an investment out of it, rather than keep it as a one-family dwelling. He said he thought the zoning of the City is like a crazy quilt. He spoke of the big job the Planning Board has before it and sympathized with its position. President Osborn stated he concurred with these remarks wholeheartedly. He pointed out that there are properties in certain blocks, where, due to the fact of prior use, multiple family use of the homes exists. These residences have not been spot zoned intentionally, but were more or less spot zoned by the adoption of the pres- ent Zoning Ordinance. He said that, owing to these circumstances, a definite hard- ship is worked because in some instances dwellings immediately adjacent to each side of a certain home can be used for multiple units where the one house in be- tween must remain as a one-family dwelling. NEW BUSINESS: 21.1/President Osborn declared a short recess in order to canvass the votes from the General Municipal Election held March 10, 1953. After reconvening, the Clerk read the returns of the Absentee Ballots received and voted. RESOLUTIONS: 22. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4747 Accepting Grant of Easement from Central Avenue Land Development Co., a Copartnership, (in Tract 1085) and Consenting to Recordation Thereof." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 23. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4748 Accepting Grant of Easement from Central Avenue Land Development Co., a Copartnership, and Robert G. Hudkins and Violet M. Hudkinds, His Wife, (in Tract 1085) and Consenting to Recordation Thereof." The motion to adopt said resolution was seconded by Councilman Anderson, and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 24. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4749 Appointing a Deputy Public Health Officer" (Miss Helen Stapley, Alameda County Tuberculosis and Health Association) The motion to adopt said resolution was seconded by Councilman Anderson, and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 25. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4750 Authorizing Execution of a Lease of Certain Real Property to Ed. Deemer Buick, Inc., and Approving the Form and. Terms of Said Lease." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 26. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4751 Declaring Results of General Municipal Election Held March 10, 1953." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None.. Absent: Councilman Jones, (1). There- upon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 27. "Ordinance No. 1084, New Series An Ordinance Authorizing the Execution of a Lease of Certain Real Property to W. D. McElwain, Doing Business as Bay City Fuel Oa Company, and Approving Form and Terms of Said Lease." Councilman Branscheid moved the ordinance be adopted as read. The motion was sec- onded by Councilman Anderson and roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1). FILING: 28. Financial Statement - Middleton, Suman & Hackleman - Bureau of Electricity, as of January 31, 1953. 29. Auditor's Financial Report - For Eight Months' Period from July 1, 1952, through February 28, 1953.. BILLS: 30. An itemized List of Claims against the City of Alameda and the several Depart- ments thereof, in the total amount of $70,300.391 was presented to the City Council at this time. The List was accompanied by a certification from the City Manager that the claims shown were correct. Councilman Sweeney moved the bills itemized in the List of Claims filed with the City Clerk on March 17, 1953, and submitted to the Council at this meeting, be al- lowed and paid. The motion was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1). 31../At this point, President Osborn again asked if anyone wished to address the Council. Mr. Frank Gottstein said he was glad to hear the subject brought up about the large old homes throughout the. City. He stated he felt this situation should be given definite study, because these places cannot be converted into apartments, under their present zoning - and as one - family dwellings they are getting very rundown. He stressed the fact that the Council should keep after this situation and revise the Zoning Ordinance so that two, three or four apartments can be established in these houses. He maintained the Ordinance should be changed to permit people to remodel accordingly. 32.1"Councilman Sweeney announced that the next meeting of the Flag Day Committee will be held Monday evening, Mc:rch 30, in the Council Chamber and invited all to attend. ADJOURNMENT: 33. There being no further business to come before the meeting, the Council ad- journed - to assemble in regular session on Tuesday evening, April 7, 1953, at 8 :00 o'clock. Respectfully submitted, * Councilman Sweeney moved the City Manager's request be granted and the two employees designated be authorized to attend the Seminar for the period specified, that the sum of $4,00 be appropriated for their expenses and a City car be used for their transportation. The motion was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None. Absent: Councilman Jones, (1).