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1953-04-21 Regular CC Minutes367 REGULAR MEETING OF THE COUNCI OF THE CITY OF ALAMEDA HELD TUESDAY EVENING APEIL 21 1953 The meeting convened at 8:20 o'clock P. M., with Councilman Jones opening the session pending the reorganization of the Council. ROLL CALL: The roll was called and Councilmen Anderson, Jones, McCall, Moresi and Sweeney, were noted present. Absent: None. /Councilman Jones stated nominations are now in order for President of the Council and Mayor of the City. Councilman Anderson said he took great pleasure in nominating Councilman Sweeney. The nomination was seconded by Councilman McCall. There being no further nominations, they were declared closed and Councilman Sweeney was elected by the following roll call vote. Ayes: Councilmen Anderson, Jones, McCall and Moresi, (4). Noes: None, Absent: None. Not Voting: Council- man Sweeney, (1). Councilman Jones declared Councilman Sweeney elected as President of the Council and Mayor of the City of Alameda. He was thereupon sworn in by the City Clerk. President Sweeney then assumed the Chair and stated the next order of business would be the nomination of a Vice-President and Vice-Mayor. Councilman Jones nominated Councilman Anderson, which nomination was seconded by Councilman Moresi. Councilman Anderson was elected by the following vote. Ayes: Councilmen Jones, McCall, Moresi and President Sweeney, (LL). Noes: None. Absent: None. Not Voting: Councilman Anderson, (1). President Sweeney declared Councilman Anderson elected as Vice-President of the Council and Vice-Mayor of the City. He thereupon took his Oath of Office from the City Clerk. President Sweeney introduced the members of the City Council and other City Officials to the large audience in attendance. He introduced many present. MINUTES: 1. The minutes of the regular meeting held April 7, 1953, were approved as ans- cribed. WRITTEN COMMUNICATIONS: 2. v'From the Bureau of Franchises and Public Utilities, with regard to the proposed use of Freeways for Public Transportation vehicles - pointing out that Assembly Bill No. 1789 proposed that it be made mandatory to install bus "turn-outs" on Freeways at general locations selected by the Public Utilities Commission. Councilman Jones moved the City Attorney be requested to prepare a suitable reso- lution for presentation to the Council at its next meeting. Councilman Moresi seconded this motion. Councilman Anderson stated he thought it would be a good idea to have the City Manager ascertain how many other Bodies had sponsored this matter. Councilman Jones stated that, with the consent of his second, he would amend his motion accordingly. Councilman Moresi agreed to the amendment and the motion was then unanimously carried. 3. v' From Alameda South Shore Land Company, applying for a Permit to undertake proposed dredging operations to fill its property situated roughly between Fountain Street, extended, on the East, and the easterly boundaries of Washington Park, on the West. Councilman Anderson moved this matter be referred to the City Manager for his survey ffen and recommendation. The motion was seconded by Councilman McCall and unanimously , carried. L. From The Pacific Telephone and Telegraph Company, with regard to opposition of its application before the Public Utilities Commission for an increase in rates. This matter was referred to "Resolutions". 5. v From William P. Bell & Son, Golf Course Architects, submitting a typical agreement used by them for their services and also quoting their proposals for the enlargement of the Golf Course, as follows: (a) Preliminary plan and estimate for 18 holes Detail plans and cost estimate for 9 holes - 1'1 500 - 2,000. TOTAL - .;31500. (b) Preliminary plan and cost estimate for 18 holes Detail plans and cost estimate for 18 holes - - 3,500. TOTAL Councilman Jones stated this matter has been under study by the Council for quite a number of years and has finally reached the point where the Council is about to have some plans to work from. He moved the City Manager be authorized to enter into a contract with William P. Bell 8: Son, for this project. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Council- men Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Councilman McCall called attention to the fact that the sum of $5,000. has already been included in the current year's budget for this purpose. 6. V From The Taxpayers' League of Alameda, opposing any and all bond elections for the purpose of voting bonds for swimming pools, recreation facilities, or any other facilities which are not self liquidating enterprises. It was also stated that the League is opposed to so many City and Special Elections. Councilman Anderson suggested this letter should he referred to the Committee of the Whole for future consideration. It was so ordered by President Sweeney. 7. From the Alameda Council of Parent-Teacher Associations, expressing its wish to go on record as favoring the appointment of a woman member of the Board of Education, when a vacancy occurs. President Sweeney stated that, if agreeable, the communication would also be referred to the Committee of the Whole. He stated that, at the present time, there is no vacancy on this Board. ORAL COMMUNICATIONS: 8: Mr. Frank Gottstein congratulated Mayor Sweeney on his being elected. He suggested the Council investigate the project proposed by the Alameda South Shore Land. Company and expressed the hope that it will riot develop into another deal such as the one of the Congress Construction. Corporation. - He pointed out that Alameda. originated from its beaches and has always cherished them. He said he had known for some time that the situation of facing the filling in of the south shore would come. He stated he felt it was nonsense to fill in the Bay when there are already hundreds of acres of land available. He reiterated that Alameda needs its beaches and he cautioned the Council to be careful about what the Alameda South Shore Land Company is going to do. c). At this point, President Sweeney noted the presence of former Mayor Frank P. Osborn, who came forward and offered his congratulations and best wishes to the . new Mayor and members of the Council for their success in office. He stated he was very interested and always will continue to be very interested in the welfare of the City of Alameda. He said he felt the affairs of the City are in good hand, they will be capably taken care of and the City will progress. He stated he just wanted to issue one word of warning to the Council - that it will not, for one minute, relax its vigilance with regard to the "steal" in the west end of the City. He said he was greatly concerned as to what is happening and what might happen there. He said this situation issa serious problem before the City - there is none more serious than the fact that there is a "swindle" before the people in the west end and he hoped the Council will continue to do everything it can to protect the interests of the property owners in that vicinity of the City. REPORTS OF COMMITTEE 10. From the City Manager, reporting that all work has been completed on the Santa Clara Avenue Resurfacing and Culvert Construction, from Webster to Bay Streets, Morton to Stanton Streets and at Central Avenue and Oak Street - recommending it be accepted and Notice of Completion be ordered filed. Councilman Anderson moved the City Manager's recommendation be approved; that the work on the specified project be accepted and the Notice of Completion be Med. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, 1,,oresi and President Sweeney, (5). Noes: None, Absent: None, 7 11.4 From William B. McCall, tendering Board of the City of Alameda. resignation as a member of the Pension Councilman Jones moved this resignation be accepted with regret. The motion was seconded by Councilman Anderson and unanimously carried. 12. /From the Bureau of Electricity, Department of Public Utilities, notifying that the Board has authorized the transfer of special dividends in the amount of $90,486.43 making the total dividends to the City for the current fiscal year, $582,636.43 - and requesting that the Board be permitted to retain the balance of its earnings above this figure in the Bureau of Electricity Fund. Councilman Anderson stated this request is in accordance with the provisions of the Charter and thereupon moved the Board of Public Utilities be permitted to retain the balance of its yearly earnings in this Fund. The motion was seconded by Councilman Jones who stated he felt the members of the Public Utilities Board should be compli- mented for their very fine job in bringing this large sum of money into the General Fund of the City. The question was put and the motion carried on the following roll call vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 13.✓ From the Bureau of Electricity, Department of Public Utilities, concerning electric service to the United States Naval 600 Housing Project. The communication stated negotiations have been going on for some time with regard to the conversion of service from a single - family dwelling basis to a single master -meter installation, and the Navy has tentatively agreed to pay this Department the sum of $31,368.84 for its distribution system within said area, and for several other items of cost connected with the conversion. Councilman Moresi moved the Council accept the recommendation of the Bureau of Electricity and approve the transaction as outlined in this letter. The motion was seconded by Councilman Jones and, unanimously carried. 14.v/From the City Planning Board, recommending the denial of the petition from Jesse C. and Hazel E. Moss, for the reclassification of their property known as 1000 Paru Street, from the "A" One- Family, to the "B" Two -to -Four Family Dwelling District, for the purpose of converting the existing dwelling into five apartments. Mr. Moss appeared and explained his situation. In response to an inquiry, he stated he knew, when he purchased this large dwelling, that it was in the "A" One- Family Zone. Councilman Jones stated the Council has been well aware of this problem over a period of several years. He said a Planning Consultant has been studying the problem but he has not been proceeding along the lines expected. He said we cannot, as a Council, solve these situations individually but must find an over -all solution for the large homes in certain areas of the City. The City cannot proceed with what is known as spot zoning. He thereupon moved the Council sustain the action of the Planning Board in recommending the denial of this requested reclassification. The motion was seconded by Councilman Anderson and unanimously carried. 15.v -From Chief Thomas M. Lane, notifying that the Alameda Fire Department under sponsorship of Alameda Chamber of Commerce, has received an Honor Award for winning Fourth Position in Class IV in the 1952 Inter - Chamber National Fire Waste Contest. Chief Lane was not present but President Sweeney stated he wanted to congratulate him and his Department. He said it is amazing the number of prizes our Fire Depart- ment wins and the City felt the Department is doing a grand job. 16.v " An Agreement was presented between the State of California, Office of Civil Defense, and the City, for the furnishing by the State, at its sole cost, a radio transmitter and receiver to be located in the Control Center at Franklin Park. Councilman McCall moved the City Manager be authorized to execute this Agreement on behalf of the City. The motion was seconded by Councilman Moresi and unanimously carried. 17.x' From the City Engineer, submitting his report on the Final Map of Tract No. 1249 covering a subdivision lying east of Fernside Boulevard and being developed by the Central Avenue Land Development Co. It was stated that, the Final Map conforms in all particulars to the Provisions, Subdivision Map Act and Ordinance No. 700, New Series. This matter was referred to "Resolutions". INTRODUCTION OF ORDINANCES: 18. f Councilman Anderson introduced the following ordinance after which it was laid over under provision of law and the Charter: Ordinance No. New Series 369 37Q An Ordinance Calling a Special Municipal Bond Election in the City of Alameda for the Purpose of Submitting to the Electors of Said City the Measure of Incurring a Bonded Indebtedness of Said City for the Acquisition, Construction and Completion of the Following Municipal Improvement, to -wit: Recreation and Park Improvements; Declaring the Estimated Cost of Said Municipal Improvement, the Amount of the Principal of Said Indebtedness to be Incurred Therefor, and the Maximum Rate of Interest to be Paid Thereon; Making Provisions for the Levy and Collection of Taxes; Fixing the Date of Said Election, the Manner of Holding the Same, Establishing Election Precincts and Polling Places for Said Election, Appointing Boards of Election Therefor, and Providing for Notice Thereof." Councilman Anderson stated this ordinance is being introduced tonight, will then lay over for two weeks and be voted on at the next meeting, at which time it will be in the nature of a hearing. He said, however, because of the public interest in this matter, some thoughts should be expressed. He stated the City Council has felt there was need for a revaluation of the recreation facilities in Alameda, which was brought about by the termination of a considerable tenure of office by the former Recreation Director. The City Council and the Board of Education went into partnership and employed :a new Director of Recreation in Alameda. To help him in his work and to acquaint him with the needs of the City, a Recreation Commission was appointed, consisting of a member of the Council, a member of the Board of Education and three citizens. The Commission spent considerable time surveying the situation and finally submitted its recommendations, which were for the establishment of two swimming pools, facilities for indoor recreation in our Park system and the recommendation that the financial obligation be taken care of by a bond issue. He said different points of view have been expressed on the matter - but the difference lies in the method of financing and not in the fact that recreation is needed and is desirable for Alameda. He said it has been estimated that the improvement which is contemplated would cost $600,000. and suggested that, instead of the procedure of a bond issue, it be finances by an increase of one -half cent on the sales tax in the City and the rates of the Bureau of Electricity be increased ten per cent - which would raise an amount of $170,000. He pointed out that in the City of Alameda the people elect their Council which is a policy making Body. The administration of the City is in the hands of the City Manager who keeps the Council advised as to the City's condition at all times. He said he felt that, if there is any group representing the people who are here tonight, which is in a position to receive all information available from all sources - and also as private citizens, it is the City Council. He said that, as a City Councilman having access to all details and having all infor- mation - and as a private citizen owning property in Alameda and paying taxes, this is the way the situation sums up to him. At the present time the City expenses are financed approximately by Ad Valorem taxes, which sums furnish about twenty - five per cent of the revenue the City receives to pay its bills for the services it renders to the community. He stated the budget for the coming year for obligations that have been incurred or will have to be incurred to take care of the needs of the citizens of Alameda will cost about $400,000. as against what it is costing now. He said that is a fact and it is inescapable and even that is a conservative figure. He pointed out that everyone knows it is impossible to run this City any longer without increasing the sales tax to one per cent and if this is done, the return would be approximately $110,000. Also, if the rates for electricity were raised ten per cent, that would give the City $170,000. - but if that extra money is spent for a recreation program, it is gone and the City still has to have $400,000., or more, for its current expenses during the next fiscal year. He maintained that it will be the person who owns property who will pay those bills if the City spends that money for the recreation program. He pointed out that one cent on the tax rate yields to the City Treasury a little over $4,000. and if the City needs $400,000. that would amount to an increase of $1.00 on the tax rate. It is a known fact that the City, because of its strong financial position, could borrow money and pay interest of under three per cent, and he stated there is an advantage for the City to borrow money at a lower rate. In summing up the situation, he emphasized that we need money to run the City and it may be procured from sales tax increase or by raising the electric rate - but he felt it is the taxpayer who owns a home who pays for running the City because we have to continue rendering the services the people are entitled to. He pointed out that 25 years ago the people of Alameda voted a pension system for the police and firemen. It proved to be actuarily unsound, and last year $120,000. was needed to pay the pensions alone. Now a new pension system has been voted in and an agreement made in fairness and equity with the men who went to work for the City and who have paid their part and that will account for $180,000 which will be needed to fund this obligation. He also mentioned that very recently a request has been by the police and firemen for an increase in wages and also a request from the Fire Department for the shortening of their work hours per week. He concluded by stating that as a community we paid off all bonded indebtedness of our fathers and asked if it is proper to ask us to put up cash for recreational facilities that will last for a generation after we are gone and give it to them free. He thought that was too.much and pointed out that if it is finances by a bond issue, the total cost would be something like $2.00 per year for a property owner in Alameda with assessed valuation of $3,000. He felt it was just and fair and stressed the fact that the City has done its share by paying off the bonded indebtedness handed down by a generation which has gone before. He stated the ordinance will come up for adoption at the next meeting and the decision will be made by the people of Alameda. 19. 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 Section 17-364.1, Article 6, Chapter 3, Title XVII, of the Alameda Municipal Code, Relating to Parking Meter Zones." UNFINISHED BUSINESS: 20./ The matter was called up with regard to the appeal by Earl and Gudrun Robertstad from the ruling of the City Planning Board to deny their petition for a Use Permit to operate an Automotive Repair Shop at 1811 Wood Street. President Sweeney asked if the proponents were present and Mr. Robertstad responded by stating he wanted to make it clear that he was requesting a Use Permit for only a temporary situation. He said there would be no indication whatsoever that he was conducting this business - he used no signs. Several spoke in support of Mr. Robertstad - pointing out his premises are extremely neat and well kept, and urging.that he be granted the Use Permit to carry on his work for a year. Councilman Anderson stated he understood there is one person not in agreement with this request and asked if she were here. There being no response, Councilman Anderson sukgested this matter be laid over until the Council has proof of the attitude of this next door neighbor. It was pointed out that Mr. Robertstad was operating his repair shop before the property next door was purchased by the present owner. In response to another inquiry, Mr. Robertstad answered he had been operating on his premises for three years. Councilman Jones pointed out he had been operating ellegally and even though prospective buyers into the area could have observed this, that district was definitely zoned for A -1 residences and he felt that if this action were allowed it would establish a precedent. Councilman Anderson stated that what has been discussed is a matter of rezoning, whereas all Mr. Robertstad wants is a Use Permit fora year. He thereupon moved that Mr. Robertstad be granted a Use Permit for one year to operate an automobile repair shop. There was no second and the motion was therefore lost. Further discussion ensued, during which it was ascertained from the City Attorney that a Use Permit revocable at will could be granted. Councilman Anderson thereupon moved that s. Use Permit revocable at will be granted. The motion was seconded by Councilman Moresi and unanimously carried. RESOLUTIONS: 21. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4757 Adopting Specifications for Furnishing to the City of Alameda Two New, Complete Trucks, Including Hoists and Two Cubic Yard Capacity Dump Bodies, Calling for Bids and Directing City Clerk to Advertise Same." 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. 22. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4758 Opposing Pacific Telphone and Telegraph Company's Application (NO. 33935) for an Increase in Rates and Authorizing the City Attorney to Present Such Opposi- tion to the Public Utilities Commission of the State of California." Upon Councilman Jones' request, the resolution was read in full. He then stated he felt that, previous to any hearing, the City should not make any protest until it finds out just what has been proposed and what protest should be made, if any. He said the members of the Council have not had an opportunity to study the question thoroughly. He thought the City Attorney should be present at the hearing to represent the City and :safeguard its interest and lodge such protest as might be discovered to be needed. He said the language of the resolution should be modified and should more nearly meet the way the Council feels about the situation. Councilman Moresi stated she thoroughly agreed with Councilman Jones that the City have its representatives at the hearing to protect its interest - but by protesting something the Council is not quite sure of, she felt that the City is taking an arbitrary stand on the situation. A qualified person should be present to watch the action and if found not to be wise, then a protest should be lodged at that time. Councilman Anderson stated that, in making the motion to adopt this resolution as it stands, the situation is this - Alameda, with nine other communities, hired outside counsel to represent the cities in the action concerning the KeySystemts request for a raise in rates. These nine cities are together and have organized. Alameda is represented by the City Manager and City Attorney and it is this organization which has reviewed the application of the Telephone Company for a raise in rates. He pointed out that similar resolutions have already been approved by Alameda County and the Cities of Berkeley, Oakland and Richmond. He said the decision is up to the Public Utilities Commission, In passing this resolution which has the word "oppose" we will see that our side of the story is told before the Public Utilities Commission, which in the final event is in existence for the protection of the interests of the public. During the course of further discussion, it was pointed out that the hearing before the Public Utilities Commission will be held on April 29, and therefore some action must be taken at this meeting to assure representation of theCity. Councilman Jones moved the Council authorize the City Attorney and City. Manager to attend the hearing as interested observers to safeguard the interests of the City. The motion was seconded by Councilman Moresi and unanimously carried. There was no second to the motion to adopt the resolution and, therefore, it was not passed. 23, The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4758 Approving Final Map of Subdivision Known as Tract No. 1249, Submitted by Central Avenue Land Development Co., a Limited Partnership." 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. 24. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4759 Accepting Deed from Central Avenue Land Development Co. of a One -Foot Strip of Land at the Southwesterly End of Garfield Avenue, in Tract 1249, 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, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 25, The following resolution was introduced by Councilman Moresi, who moved its adoption: "Resolution No. 4760 Memorializing the California Members of the Congress of the United States in the Matter of Determining the Necessity for an-All-Weather Trans - Sierra Route for National Defense." 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. 26. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4761 Adopting Specifications for Furnishing to the City of Alameda One (1) Tractor (Dual Rear Wheel) for Towing Fairway Mowers, Callin for Bids and Directing City Clerk to Advertise Same. 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. FILING: 27. Financial Statement - Middleton, Suman & Hackleman - Auditor's Nine Months' Report, as at March 31, 1953. 28. Specifications - No. MS 3 -53 -5 - Two New, Complete Dump Trucks. 29. Specifications - No. MS 4 -53 -11 - One Tractor (Dual Rear Wheel) for Towing Fairway Mowers. BILLS: 30. An itemized List of Claims against the City of Alameda and the several Departments thereof in the total amount of $71,800.66, 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 April,21, 1953, and submitted to the Council at this time, be allowed and paid. 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. 31. At this time, President Sweeney asked if there were any further oral communi- cations, and noted the presence of several other visitors. 32. Mr. Dan Rourke, President of the Alameda Junior Chamber of Commerce, stated that, on behalf of his organization, he wished to offer his congratulations to the new Mayor and Vice - Mayor and said he felt the Council would meet with a great deal of success in the coming term. 33 Mr. Otto Kelm, Manager of the Alameda Office of The Pacific Telephone and Telegraph Company, thanked the Council for its action with regard to his Company's application before the Public Utilities Commission. ADJOURNMENT: 34. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, May 5, 1953, at 8 :00 o'clock. Respectfully submitted,