1953-04-07 Regular CC Minutes3t50 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING APRIL 7 - 195 The meeting convened at 8:00 o'clock P. M. with President Osborn presiding. ROLL CALL: The roll was called and Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held March 17, and the special meeting held March 23, 1953, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Chester E. Stanley, Chairman, Alameda County Centennial Commission Executive Committee, with regard to the celebration of the 100th Anniversary of the founding of Alameda County - and requesting the City to appropriate 0750. as its share of the cost involved. Councilman Sweeney stated he had been appointed as the representative from the City Council to serve on this Committee and knowing that all cities within the County are paying their share on a population basis he would move that the City appropriate the sum of $750. as its share toward the cost of this celebration. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. ,// 3. From Capt, Malcolm E. Crossman, submitting his application for Permit to Fill Property located at the southerly end of Hawthorne Street, by truck dumping of earth and rock fill. The application was accompanied by the required bond in the amount of $5,000. Councilman Branscheid inquired if all legal requirements had been met and the City Attorney stated they had. Councilman Jones moved that Capt. Crossman be granted the Permit to Fill Property as described in this application. The motion was seconded by Councilman Branscheid and unanimously carried. 4.v/ From Placer County Chamber of Commerce, Inc., enclosing a sample resolution endorsing the Trans-Sierra Highway Program and requesting the City to adopt a reso- lution in support of this program. President Osborn stated this matter is one that the Council has given consideration to but it desires to have further information. Therefore, he would reauest that the City Manager endeavor to secure more detailed information from the State Chamber of Commerce, ascertaining its position in this matter. If he determines that the State Chamber of Commerce gives the program its endorsement, he would request that the City Attorney prepare a resolution for presentation at the next meeting of the Council. It was so ordered. v, 5. From the Town of Emeryville, submitting a copy of its Resolution No. 3129, approving its plan for Shoreline Development, copy of which was attached. President Osborn stated he was happy to note that Emeryville has finally adopted a plan of Shoreline Development as the City has long requested that such be done. ORAL COMMUNICATIONS: 6:r Mr. Frank Gottstein stated he was surprised to hear of a special bond election being called. He protested the duplication of elections. He stated lots of children could be taught how to swim if Alameda had one good swimming pool - it does not need two. He cited the many swimming pools which have been in the west end of Alameda for many years and stated that if they were a paying proposition and there was demand for their use, they could be utilized without building new ones. He pointed out that Oakland's swimming pools cost 0126,000. and up. He also spoke of the transportation and traffic situation in the City, stating that from time to time he has asked the Council to take action against the Toll Bridge Authority for having taken away the Cityts transportation - the people should have adequate means of getting into and out of town. He maintained that two bridges could be built for the price of one tube. Councilman Jones stated the Council knows Mr. Gottstein is extremely exasperated about the traffic congestion in the Tube and that he has on many occasions offered suggestions as to how the matter could be remedied. He pointedout that the cost of building a new Tube would be about $12,000,000. and the assessed valuation of the 361 City is about 840,000,000. Therefore, no bonding company inould consider buying bonds at that ratio. He stated the first Tube was built by the County as a means of access between two cities. However, it has now reached a point beyond the County's means to handle. The Toll Bridge Authority has given consideration to the buklding of a second Tube. The City has explored the matter of suing the Toll Bridge Authority but the Council has been advised by each of its City Attorneys that this could not be done. He stated the matter of swimming pools is an entirely different situation. The City cannot look to any other agency for help in this respect. He said that several months ago the Recreation Commission was created and engaged a Director of Recreation and Physical Education, whose first duty was to make a survey of the recreation set-up in the City to ascertain how Alameda stood in this respect in comparison with other cities. He pointed out that Alameda was filled with deficiencies - it's program has not been adequately taken care of - and based on National standards, the City is far below what it should be, Among the usual requirements is that of swimming pools and there have been various proposals made with regard to providing them in order to take care of this particular need. He stated it must be remembered that the proposal of the bond issue does not limit the program to only swimming pools - that is merely part of the over-all picture. He mentioned there will be provision for many other activities, both indoors and out. He stated that many reports have been submitted on the matter which are available to anyone to read. The idea of submitting the question to the voters is concurred in by the majority of the Council. He said he felt Mr. Gottstein should avail himself of the opportunity to learn more about this recreation program and after doing so, he thought he would change his mind. He stated the program is going to need the support of all school and recreation groups. Councilman Anderson stated he has heard Mr. Gottstein make his statement a number of times concerning the City suing the Toll Bridge Authority for taking the ferries away. He stated the City Attorneys have given advice that such a suit would have no good results and would not be in order. He pointed out the old bridge at Webster Street was not replaced because of Federal Government control and those interests would prevail against another bridge crossing the Estuary. With regard to swimming in Alameda, the question started out to be a reasonable program as a basis, with gradual development as it went along. As discussions progressed, it seemed there were different interests involved which should be developed at the same time the swimming program was being worked out. He pointed out another matter which influenced the situation was that the Recreation Director retired. He had been employed entirely by the City. It was then decided that the City should return to the basis where the Recreation Director should be employed by both the City and the Board of Education, each paying one-balf of his salary. The school facilities could then be put to better use in the recreation program of the City. He said that at one time it was advocated that possibly the program could be financed by the City Treasury but others had felt this money should be spent for other purposes. The Board of Education had agreed that a Recreation Commission should be established. He pointed out the Council then created the Commission which is composed of the Recreation Director as a non-voting secretary, one member of the City Council, one member of the Board of Education and three citizens at large. He stated it is the feeling of the Council that, in accepting their appointments, the members of the Commission had a desire to do a job for Alameda. They spent their time surveying the needs of the City and finally came through with a report on what the recreational needs are. He said that at the time the report was submitted it was too late to be put on the ballot at the recent election. He said he felt that at this last election the will and voice of the people was expressed to the effect that they want recreation. He said the Council, at this time, either passes a resolution making it possible to bring the matter to the to the people for a vote - or for a matter of about 87,000., we will ignore what is evidently the will of the people and wait 2 years for the next regular election to be held. Mr. Tom Lubbock, President of the Student Body of Alameda High School addressed the Council - speaking in favor of having one good swimming pool in the East end of the City. He was accompanied by a group of students interested in this subject. Mr. Robert Heyn, Administrative Board Chairman, and a member of the group, pointed out several advantages to be gained from a swimming pool near the High School. Councilman Sweeney stated the swimming program has had a tremendous amount of research given it in recent months. He said the final program has become essentially a recrea- tion matter, and it is hoped that the program is such that the elementary schools can participate in it. He pointed out the pools will be open during the summer and over the week-ends. He also stated they are ample in size and are not just training or wading pools. Mr. Bert Mansfield, 2020i Clinton Avenue, stated this matter was very vague and he asked about the costs, proposed locations, etcetera. Councilman Anderson stated the only action contemplated by the Council this evening is that of preparing the way for an election and prior to that election, definite information will be submitted to the people. HEARINGS: 7. The matter was called up concerning the notification from Mark J. Hanna, Superintendent of Streets, that the City has repaired the sidewalk fronting the property known as 1800 Park Street and the cost therefor of $55.80 is assessable against the property. City Attorney Clark conducted the proceedings in accordance with the provisions of Chapter 22, Division 7, Part 3, of the Streets and Highway Code of the State of California. He inquired if Mr. and Mrs. Ray Evans, owners of the property, were present. They were not. He offered Affidavits of the notice of the cost of repairs and of the time and place at which the hearing would be held. He then called upon the following witnesses: Thomas Day, Civil Engineer and Side- walk Inspector; James Brummer, Office Engineer; and Mark Hanna, City Engineer - all of whom were sworn in by the City Clerk. The City Attorney established that the sidewalk had been inspected; pictures had been taken and were presented in evidence of the bad condition thereof; the repair work had been done by J. H. Fitzmaurice, contractor, and was done at the same price it would have been done by the City; a statement of the costs was exhibited and acknowledged as true; the total cost of $55.80 was established as a reasonable price for the work done. City Attorney Clark asked if the Council had any questions in this matter. There being none, Mr. Clark stated it has been well established that the sidewalk was in need of repair and the cost should be assessed as a lien against the property. He thereupon offered a resolution to this effect for consideration by the Council. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4752 Confirming Report of the Superintendent of Streets in the Matter of the Repair of Sidewalk in Front of Property Known as 1800 Park Street, and Directing the Filing of a Notice of Lien on Said Property With City Assessor and City Tax Collector." The motion to adopt said resolution was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. The matter was presented with regard to the appeal by Earl and Gundrun Robertstad from the ruling of the City Planning Board denying their application for a Use Permit to allow the operation of an Automotive Repair Shop on their premises known as 1811 Wood Street. Mr. and Mrs. Robertstad were present and Mrs. Robertstad stated they would like to have this Permit to continue with this work. She pointed out all of the neighbors on the street have signed a petition indicating their approval of Mr. Robertstad's operation of a repair shop. President Osborn stated the Planning Board had gone into this matter very thoroughly and it had felt it was not wise to allow business to be carried on in this residen- tial area. In response to an inquiry, Mr.Robertstad answered they had tried to find a garage where cars could be repaired, but have been unable to do so. Councilman Sweeney stated that if a Use Permit is granted here, it is leaving the door wide open for others to do the same, and since it is a residential district, the basic principle is overlooked - in other words, one is going into an "A-1" Zone and carrying on business and that has been one of the headaches the City has had for many years. In his analysis, it is a crepping paralysis - if it starts here, it will start some place else. He felt it is unfortunate for the Robertstads but also that the Zoning Ordinance should be adhered to. Councilman Anderson stated this situation seems to be somewhat different than is usually presented to the Council. He felt that, from what has been offered so far, all of the neighbors who own their property and evidently have known the Robertstads since about 1924, are willing for them to have this activity. Councilman Branscheid stated he thought it would be well to have this matter investi- gated further and, therefore, lay it over to the next meeting. He made a motion to this effect which was seconded by Councilman Jones. Speaking on the question, Councilman Jones pointed out the Zoning Ordinance provides for and defines certain "Home Occupations" which can be carried on in residential districts. He explained that at the next meeting certain new members of the Council would take their seats and they would have to become informed on this matter and he 363 did not want the Robertstads to be mislead into thinking any certain action might be taken at that time. Messrs. K. E. Zigelhofer and K. W. Kennedy were the spokesmen for the group of neighbors present in support of the applicants, and urged the granting of the re- quested Use Permit. The question was put and the motion was unanimously carried. REPORTS OF COMMITTEES: 9:' From the City Manager, recommending contract be awarded to J. Henry Harris, the low bidder, for the project of reconstructing San Antonio Avenue from Morton to Ninth Streets, at the bid price of X58,697.70. Councilman Anderson moved the City Manager's recommendation be adopted; that contract be awarded to this individual for the specified project and the checks or bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn (5). Noes: None. Absent: None. 10. From the City Manager, recommending contract be awarded to Frederickson and Watson Construction Company, the low bidder, for the project of Resurfacing the Golf Course Parking Lot, at the bid price of $3,780. Councilman Branscheid moved the City Manager's recommendation be approved; that contract be awarded to this firm for the designated project and the checks or bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 11. From the City Manager, recommending the Director of Sanitation and the two registered Sanitarians of the Health Department be permitted to attend the symposium on environmental sanitation, given by the University of California Extension Division in San Francisco, on April 9 and 10, 1953 - and $20. be appropriated for this purpose. Councilman Jones moved the City Manager's recommendation be accepted; that these three employees be authorized to attend this symposium for the period specified and $20. be appropiated for their expenses. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 12. From the City Manager recommending permission be granted to Frank Marshall and Paul Lenschmidt of the Street Department and Howard Freeman, Golf Department, to attend the Federal Civil Defense Administration Rescue Training Course, to be held at St. Mary's College on April 20, through April 25, 1953; that $3.00 be appropriated for their registration fees and permission be given them to use a City automobile for their transportation. Councilman Anderson moved the City Manager's recommendation be adopted; that the employees named be authorized to attend the specified Training Course for the period indicated; $3.00 be appropriated for their expenses and they be allowed to use a City automobile for transportation. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote, Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None, 13. From the City Manager, recommending contract be awarded to Morris Landy Motors, the only bidder, for furnishing 9 Latest Model Sedans to the Police Department, at the bid price of $7,571.05. Councilman Branscheid moved the City Manager's recommendation be approved; that contract be awarded to this firm for furnishing 9 Automobiles at the bid price quoted. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 14:1' From the City Manager, recommending contract be awarded to Gallagher & Burk, Inc., the low bidder, for the project of Reconstructing Peach Street from Madison to Washington Streets, at the bid price of $29,391.50. Councilman Sweeney moved the City Manager's recommendation be accepted; that contract be awarded to the specified firm for the project designated and the checks or bonds be returned to the unsuccessful bidders, The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. �e ✓ From the City Manager, recommending permission be granted to Mrs. Phyllis McCoskey, Executive Secretary of the Social Service Board, to attend the Third Annual South Pacific Regional Conference, Child Welfare League of America, to be held at the Univer- sity of California on April 26, 27, and 28, 1953, and a sum not to exceed p10. be appropriated for this purpose. Councilman Jones moved the City Manager's recommendation be approved; that Mrs. McCoskey be authorized to attend this Conference and 0_0. be appropriated for her expenses. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. UNFINISHED BUSINESS: 18/. A communication was read from B. E. Jost, Auditor and Assessor stating the City's portion of the sale price of a certain strip of tax-deeded land, 92/100 of a foot wide, will be $6.00. This information was requested in connection with the proposed County Sale of this property, which runs off the north line of San Antonio Avenue, beginning 125 feet west of St. Charles Street. The original request from the County was that the City waive the required thirty-day waiting period before holding this sale. Councilman Anderson moved the City agree to the sale of this land and accept this amount as its share of the proceeds. The motion was seconded by Councilman Jones and unanimously carried. RESOLUTIONS: 17. ' The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4753 Resolution Determining that the Public Interest and Necessity Demand the Acquisition, Construction and Completion by the City of Alameda of the Following Municipal Improvements, to-wit: Recreation and Park Improvements, and That the Cost of Said Municipal Improvement Will Require an Expenditure Greater than the Amount Allowed Therefor by the Annual Tax Levy." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4754 Transferring 4,2,000.00 from the Gas Tax #1 Fund to the Traffic Safety Fund." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (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. 4755 Defining the Purpose and Intent of the City' for Transfer to It of the Temporary war Hous Projects in the City of Alameda." Upon Councilman Jones' request, City Manager Froerer stated the purpose of this resolution is to supplement one which was passed by the Council in November, 1950, in which a request was made to effect the transfer of Temporary War Housing, from the Public Housing Administration to the City under Public Law No, 159. This reso- lution before the Council tonight makes a statement of policy to the effect that the City will continue the operation of the Temporary War Housing as long as required for defense emergency purposes. The housing is assigned to the Alameda Naval Air Station and the Supply Depot. He pointed out there is a deadline to meet of June 30, 1953, that such transfer can be made - if it appears proper for the City to take over the housing. It being assigned to the Federal Installation for transfer purposes, the transfer could not be made unless the Alameda Naval Air Station and the Supply Depot were to waive their right for this housing. This resolution, in effect, commits the City to continue the housing as long as it is required for those emergency purposes and those Federal Ae-encies then will be willing to waive their use. . He said he wanted to make one point clear - the resolution does not commit the City to the transfer of Temporary War Housing - other instruments and actions of the Council would have to be taken before that was possible. Request The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4756 Authorizing Execution of Agreement with Central Avenue Land Development Co., a Limited Partnership, in the Matter of Completion of Improvements in Subdivision Known as Tract #1249." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 21. "Ordinance No. 1085, New Series An Ordinance Amending Ordinance No. 1079, New Series, Establishing a Relief, Pension and Insurance System for Members of the Police and Fire Departments of the City of Alameda and Repealing Ordinance No. 276, New Series, as Amended." This Ordinance was adopted by the vote of the people at the General Municipal Election held March 10, 1953. FILING: 22. Financial Statement - Middleton, Suman & Hackleman - Bureau of Electricity, as at February 28, 1953. 23. Agreement - Between City of Alameda and Central Avenue Land Development Co. - Re Tract No. 1249. BILLS: 24. An itemized List of Claims against the City of Alameda and the several Depart- ments thereof, in the total amount of $58,694.55, 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 as itemized in the List of Claims filed with the City Clerk on April 7, 1953, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. ' 25: At this time, Councilman Sweeney stated he had served on the City Council for the past eight years - six years under Councilman Branscheid as Mayor, and two years under Mayor Osborn - and he emphasized that he had never served with any other men whose honesty and integrity were so far above reproach. He said the City is losing two very fine and honorable citizens. Councilman Jones stated he concurred with the sentiments expressed and that it has been a pleasure to have been associated and have worked with these men. He compli- mented Mayor Osborn on the excellent manner in which he has conducted himself as Mayor. He pointed out that Councilman Branscheid, while Mayor, had also served as a Director of the League of California Cities and in every act he has performed he has been most conscientious in examining every proposal. He expressed the hope they will agree to give the City of Alameda of their talents in some other capacity in the future. Councilman Anderson stated his association has been over a period of the last six years and he would like to testify that both Councilman Branscheid and Mayor Osborn are to be congratulated on their fine records - and he knew they had gone the "extra mile ". Councilman Branscheid stated he could assure all that it has been a pleasure to have served on the Council forthe past twelve years. He said there had been many trying times - in looking back over history during that period he stated there have been many problems for a City of this size - not all of which have been solved- but the experience of being a Public Official has been very interesting. He said some of it 365 was very trying, but on the other hand, the result has more than balanced out the hard work that has been done. He said he has always tried to do what he thought was for the best interests, of the City. He thanked all members of the Council for supporting him while he was Mayor. He stated there were many others he would like to thank - those people who serve on the Boards. He said there are many fine people who give their time without compensation to serve on these Boards for the welfare of all. He stated the City can be proud of these citizens. He said he was leaving office with certain regrets, but felt that after twelve years, he had contributed his bit. Mayor Osborn stated that this meeting is the last one at which he will have the privilege of serving the City as an elected officer. He thanked all the Councilmen and City Employees who had supported him. He pointed out that everything he had said and done was with the full knowledge of the other members of the Council. He stated he had been greatly honored when he became Mayor of the City and that he was proud of the fact that he had this great privilege. He thanked the people of the City for having granted him this opportunity. ADJOURNMENT: 26. There being no further business to come before the meeting, the Council adjourned - to assemble in re?;ular session on Tuesday evening, April 21, 1953, at 8 :00 o'clock. Respectfully submitted,