1953-09-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, SEPTEMBER 1, 1953
The meeting convened at 8:10 o'clock P. M. with President Sweeney presiding.
ROLL CALL:
The roll was called and Councilmen Anderson, Jones, McCall, Moresi and
President Sweeney, (5), were noted present. Absent: None.
OPENING OF BIDS:
1. Bids were received and read for the furnishing of thirty -three Chrome Chairs
to the Fire Department, in accordance with Specifications and Provisions therefor,
No. MS 8- 53 -13, as follows:
From James Hill & Co., Inc. - - p1,461.57
Accompanied by certified check in amount of - 150.00
From John Breuner Company - - 1,527.85
Accompanied by certified check in amount of - - 152.79
From Associated Stationers, Inc. - - 1,301.82
Accompanied by certified check in amount of - - 174.90
The bids were referred to the City Manager for study and recommendation.
WRITTEN COMMUNICATIONS:
2. From Alameda County Admission Day Celebration Committee, stating this year's
celebration will be held in the City of Stockton on September 9, under sponsorship
of the Native Daughters and Native Sons of the Golden West. A parade is to be held
at 10 :00 o'clock a. m. and the City of Alameda is requested to contribute $100. as
its share of the expenses involved in providing an adequate display on behalf of the
Cities in the County.
President Sweeney stated that, if agreeable to the Council, he would refer the
matter to the Chamber of Commerce, the advertising agency of the City, for its
disposition.
3 ✓ From Mr. Ned Humbert of Humbert Sanitarium, stating that in order to properly
operate a rest home and keep the rates within reason, it is desirable to have more
than eight patients. He pointed out the dire need for these sanitariums for the
growing aged population who cannot afford hospital fees and care. He stated his
sanitarium has ample floor space and facilities to care for fourteen patients and
suggested that to spot zone this place would make no outward change in the area.
He invited inspection of his establishment.
President Sweeney stated the letter should be acknowledged and the matter referred
to the City Attorney for investigation as to the legal status of the situation and
that complete written reports be given to the Council. It was so ordered.
ORAL COMMUNICATIONS:
4'4 Mr. Frank Gottstein protested the lack of action with regard to removing the
tracks from Lincoln Avenue. He pointed out the franchise of the Southern Pacific
Company had expired in 1949, and as yet nothing has been done to improve this avenue.
President Sweeney called upon the City Attorney for information as to the present
status of this situation. Mr. Clark stated that about ten days ago he had requested
Mr. Allan P. Mathew, the City's representative in this matter, to telephone the
Interstate Commerce Commission to ascertain the facts. He had subsequently been
informed that, within the past month, the Brotherhood of Locomotive Firemen and
Engineers has interposed opposition to the granting of the certificate of abandon-
ment unless certain conditions respecting seniority are imposed. He pointed out
that unless that opposition is withdrawn, the Commission can take no action without
holding a hearing. He explained, however, that in the meantime, the Southern
Pacific Company has written to the Interstate Commerce Commission signifying its
willingness to abide by conditions which will guarantee to the Brotherhood that its
interests will be protected. He pointed out there have been several causes of delay
but he emphasized that he now felt the situation will be cleared up within a very
short time.
5. Councilman Jones stated he fully expected some citizens to appear before the
Council this evening to complain about the strike situation between the Key System
Transit Lines and its employees. He felt the patience of the people has been worn
very thin and that the impatience extends to both sides of the question. He thought
the union was wrong in stopping the operation of shoppers' busses by the Alameda
Chamber of Commerce, which was not done with any thought of "strike - breaking" but
43'
merely as an emergency measure.
Councilman Jones said that the Council has explored all possibilities to bring some
sort of action between the union and the Key System. It has requested the City
Attorney to make an investigation leading up to what will result in legislation
being enacted by the State Legislature to cover public utilities of the State of
California, and setting up the provision whereby public utility employees would
lose the right to strike - similar to that governing the railroads. He felt also
that there should be incorporated in the law the requirement that the dispute must
be submitted to arbitration. He thought the law should also provide the implements
for the Public Utility Commission to examine the books of the Company to make certain
determinations. He claimed something should be done to eliminate the difficulty the
City is faced with now, whereby, if there is a repitition of this situation, it would
be possible for the East Bay Municipal Utility District to take over the operation of
the transportation system. He felt the cooperation of the other East Bay Communities
should be solicited if this proposition meets with their approval. He suggested a
motion be made that the Council request the City Manager to pursue the consideration
of the enactment of certain legislation which will accomplish the purpose of provid-
ing the City with the means of combating any future conditions which would place the
City in a similar position.
President Sweeney asked the City Attorney to go into the matter further with regard
to such laws in other States.
Mr. Clark stated it might be well to briefly outline the position of the State of
California in the matter of legislation covering labor disputes. He said there is
a Labor Relations Department which has the authority to try to settle disputes if
called upon to do so. This Department also has the right to arbitrate questions in
a dispute between employers and employees, but only upon terms acceptable to both
parties.
He stated he had inquired into the existence of legislation along this line and had
the opportunity to learn about the situation in the states of Wisconsin and New
Jersey. He said that the State of Wisconsin has an Employment Relations Act adopted
in 1941 and amended from time to time. This statute first deals with employees and
employers generally and then there is set up a separate subdivision for dealing with
public utilities and their employees. The law provides that the parties in dispute
shall first try to settle the dispute by collective bargaining - then, if a stale-
mate results and they are unable to agree, they can call upon the conciliator. He
steps in and, for fifteen days at the most, endeavors to work out a settlement. If
he is unable to have the parties reach an agreement, he notifies the Board of Con-
ciliators which, in turn, appoints a Board of Arbitration - and within thirty days
this Board is required to make an investigation and submit its findings. He pointed
out there is compulsory arbitration.
Mr. Clark mentioned that in this present transit strike, while arbitration is agree-
able to the Union, it is entirely out of the question as far as the Company is con-
cerned.
He also stated the Wisconsin Act goes a little further - it prohibits strike action
on the part of public utilities employees - it makes striking a criminal offense and,
for.this reason, they are able to get around disputes and work out amicable settle-
ments of all disputes which arise. He pointed out that, if they can't work it out,
the State works it out for them.
He stated that it has been held by the Courts that Public Utilities are agents of the
State - they operate only by virtue of franchises given them by the State and operate
only for the welfare and well being of the people whom they serve. He said he thought
an amendment could be made to the existing statutes of the State of California to
bring them into line with those in Wisconsin and, therefore, the possibility of public
utility strikes would be out of the picture.
President Sweeney stated he felt the Council should go on record as taking a definite
stand in favor of this.
Councilman Moresi suggested that the Council make a motion that it proceed along the
lines of petitioning the State of California to pass the necessary laws to put such
rules into effect in the future. She thought that, in addition to a resolution going
to the State of California, it should also urge every City in the East Bay to like-
wise petition the Governor. She said she felt the laws of California should be
amended so that the Public Utilities Commission is permitted to examine the books of
the Key System Transit Lines to determine whether or not a fare increase is warranted
and whether or not the Company is being operated at a profit or loss.
He pointed out that, as an individual City, Alameda cannot take over.
At this point, the presence of Mr. Vic Cangi of the Alameda Chamber of Commerce was
noted by Councilman McCall, who stated he wanted to congratulate the Chamber for its
effort to serve the people of Alameda. He pointed out the Chamber had established
a bus service which everyone had felt was beneficial - not for the purpose of
instigating strike - breaking tactics, but merely as an emergency convenience - and
he believed the Chamber had given a wonderful service, and it is to be complimented.
Councilman McCall stated he would like to know what are the actual legal considera-
tions and how the Union had the right to step in and stop this attempt to give
transportation service.
President Sweeney called upon Mr. Cangi, who stated the Chamber is up against a.
stone wall right now in trying to remedy the situation. H e pointed out the
merchants of Alameda are stocked heavily with school merchandise and all are
taking 25% to 50% losses. He said the Aa ole community is suffering. He explained
that the Chamber did have a contract with Peerless Stages who has Union drivers
who could operate the busses if there were no pickets: - but as soon as the pickets
were put on, the drivers stopped.
Mr. Cangi said he understood the Bureau of Electricity could take over in an
emergency of this kind and suggested that a meeting be arranged between the
Ch amber and the Bureau. He asked if the City Manager could enlighten him on this
point, as there was no other possible solution.
Mr. Froerer stated there have been almost constant consultations - the first
action was by representatives of the eleven East Bay Cities in Alameda County
who have been engaged in the work of the Key System investigating committee. They
have met on numerous occasions and have made certain recommendations, but there is
no law to which they might resort to force the issue to a head. He stated that,
insofar as the City of Alameda or the Bureau of Electricity operating a transporta-
tion system is concerned, it would be impossible without first holding an election.
He quoted from Section 12 -5 of the City Charter as follows: "Neither the City nor
the Board shall engage in any public utility business, in which the City ar the
Board is not now engaged, except with the consent of the People expressed by a two -
thirds vote."
Mr. Froerer said it is true that Alameda did operate a transit system at one time
in the west end of the City and on Bay Farm Island - but the termination dates of
that service were January 10, 11, 1937. He pointed out the Charter was adopted by
vote of the people in April, 1937, and was ratified on May 5, 1937, and in accord-
ance therewith, if the City were to enact the right of the Public Utilities Depart -
ment, the City would have to call an election. H e said that, as suggested by
Councilman Jones, the eleven cities in this area should get together and urges that
certain legislation be introduced - if necessary they should ask the Governor to
call a Special Session of the State Legislature - such legislation should make it
mandatory that, in the case of a labor dispute, the parties would be subject to
arbitratton.
Councilman Anderson stated the people want relief - but the operation of emergency
busses or private automobiles is only taking care of the situation on the surface.
He emphasized that we need a cure at the base in order to clear this situation up
permanently and not be faced with it again. He pointed out the Public Utilities.
Commission has the job of setting rates - which are made after an investigation of
the Company's books -- and, in this case, it has the right to investigate only a
portion of the books. The books of the Key System and its holding company are not
available for examination. He felt this is a problem which should be looked into.
He said history shows that the last time the Key System applied for a rate increase
believing it was entitled to one because it was suffering a loss - it had to operate
for ten months before the Company received any income at a higher rate. He said he
understood the Key System is willing to grant a wage increase if the Company is
assured it will receive income from a higher rate to pay these costs.
Councilman Anderson stated the action should be that the Council should let the
Cityls representative in Sacramento and the Governor know that it feels the law of
California should allow the Public Utilities Commission to have authority to examine
the books of a Company and that it has a certain period of time in which to make a
decision and set a rate.
Councilman Moresi asked what is to prevent the Public Utilities Commission from
making an examination and submitting an answer to the Key System before the Company
is even granted an increase in rates. City Manager Froerer stated he did not know
if the Public Utilities Commission could be forced to act. He pointed out that the
Chairman of the Commission has made the statement that it will immediately act upon
the request for an interim fare increase upon settlement of the strike. He said he
felt this was a reasonable offer to make because, until the strike is settled, the
Commission could not act very intelligently.
City Attorney Clark stated that about thirty days ago, at the conclusion of an
investigation, it was determined that the Railroad Equipment and Realty Company is,
in fact, a public utility. He said that, heretofore, it was considered not to be
a public utility and, as such, was not subject to the regulationsof the Public
Utilities Commission. Now, however, since it has been declared to be a public
utility, its books will be available for examination - and since this decision,
the Company is fighting it.
a
Councilman Jones suggested the Council pass a motion tonight indicating its general
sentiments in this respect and empower the City Manager to pursue the matter.
Mr. Froerer stated he has already approached the City Manager of Oakland with regard
to the enactment of State laws similar to those in Wisconsin. He said Mr. Hassler
had informed him this afternoon that the representations made by the Key System and
the representatives of the Union were that a decision would be reached by 10:00
o'clock tomorrow morning - and if not settled, Mr. Hassler is to call the Citizens'
group for a meeting tomorrow afternoon.
Councilman Moresi suggested that possibly the League of California Cities should be
called upon but Mr. Froerer stated the matter should be thrashed out before solicit -
ing the aid of the League. He said, also, he would want to confer with the local
Assemblymen.
It was suggested that the City Manager be instructed to follow through as recommended.
Councilman Anderson said he thought that if all facts were laid on the table, the
issue could be decided. He felt the Union does not have confidence in the ability
of the Key System to meet its financial demands, and the Key System knows the Public
Utilities Commission cannot go through all of its books. He emphasized, however,
that he did not want to have any part of anything that denies labor the right to
protect its rights and did not want to be brought into any action on the basis of
labor being denied the right to strike.
The lengthy discussion was concluded by it being suggested that the City Manager
discuss with other cities the matter of petitioning the State of California to enact
legislation to work along the lines of the Wisconsin laws in order to form a Board
of Conciliators that would enable them to work out satisfactory wage adjustments before
a strike is called — also to have the cities petition the State of California to
enact legislation which would force any public utility to show its complete set of
books.
REPORTS OF COMMITTEES:
6'` From the Mayor, City Manager and City Auditor, submitting their report on
the Count of Money held August 19, 1953, showing a total amount of 3,339,1150.07
in the City Treasury.
Councilman Jones moved the report be accepted and ordered filed. The motion was
seconded by Councilman Moresi and unanimously carried.
v/
7. From the City Manager, stating the work on the project of Improving the Westerly
Half of Garfield Avenue has been satisfactorily completed and recommending that it
be accepted and the Notice of Completion be ordered filed.
Councilman Anderson moved the City Manager's recommendation be approved; that the
work on this project 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.
8 ✓ From the City Manager, requesting permission to attend the Annual Conference
of the International City Managers' Association to be held in Los Angeles, from
September 20, to 24, 1953, and that the sum of 1160. be appropriated for this purpose.
Councilman Anderson moved the City Manager's request be granted; that he be authorized
to attend this Conference and a sum not to exceed 1160. be appropriated for his
expenses;. 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.
97 From B. E. Jost, Auditor and Assessor, enclosing a copy of a letter and resolu-
tion from the State Board of Equalization with regard to property tax exemptions as
granted to private schools of less than collegiate grade, pending the outcome of an
appeal to the higher courts.
He recommended that the resolution of the State Board of Equalization be followed,
as it suggests that Assessors refrain from attempting any change in the exemption
allowed school property until opportunity has been afforded them to secure the advice
of the Attorney General.
In answer to Councilman Anderson's question, the City Attorney replied that the
Attorney General's opinion does not establish any law - the law will be established
by the Supreme Court.
Councilman Moresi then moved the Council withhold any change in the exemption until
such time as a ruling is handed down from the Supreme Court. The motion was seconded
by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen
Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None.
10. From the Mayor, nominating Gerald E. Cheadle, M. D. for reappointment to the
office of member of the Recreation Commission for the term commencing September 1,
1953, and expiring August 31, 1956.
The matter was referred to "Resolutions ".
11. From the Recreation Commission, stating that since the bond election, it had
evaluated its entire improvement program and strongly urges that recreation improve-
ments for all parks be made according to a plan on a year by year basis f rom Capital
Outlays of the General Fund. The Commission recommends that this year the improve-
ments include the initial development of Krusi Park, a recreation clubhouse building
in Lincoln. Park and a swimming pool - its location to be determined later. It was
stated the total cost of such improvements would be 106,000. and it was recommended
that they begin at once without delay.
Councilman Jones moved the report and recommendations be referred to the Committee
of the Whole for study and consideration. The motion was seconded by Councilman
Moresi.
Speaking on the question, Councilman McCall stated he felt this whole program has
been "kicked around" for a long time. He pointed out the Recreation Commission
has studied and made surveys of the recreation situation to determine where the
most need is - as requested by the Council. He said he felt there has been a full
and concise report given and it appeared to him that the needs are as outlined
therein: (1) Krusi Park Development; (2) Clubhouse in Lincoln Park and (3) a
Swimming Pool. He said that if the Commission's recommendations are not going to
be approved, he felt there was no point in having set up a Recreation Commission.
Councilman Jones stated his motion was in line with the normal course of procedure.
He said he felt a recommendation by any group does not constitute a "demand ",
and the Council has not been in the habit of putting a rubber stamp of approval on
any given recommendation. He said he was not prepared to say just how he would vote
on any one of these three recommendations and he reiterated that this matter is
taking just exactly the usual course of procedure. The question was called for and
the motion carried by the following roll call vote. Ayes: Councilmen Anderson,
Jones, Moresi and President Sweeney, (4). Noes: Councilman McCall, (1). Absent:
None.
INTRODUCTION OF ORDINANCES:
12. Councilman Moresi 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
Sections 17 -231 and 17 -232 Thereof, Relating to U Turns."
13. 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 Adding
Subdivision (16 ) to Section 17 -333, Relating to All. Time
No Parking."
RESOLUTIONS:
14. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4824
Adopting Specifications, Special Provisions and Plans for
the Furnishing and Installation of a Hydraulic Hoist and
Air Compressor in the City of Alameda Corporation Yard,
Calling for Bids and Directing City Clerk to Advertise
Same."
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.
15. The following resolution was introduced by Councilman McCall, who moved its
adoption:
"Resolution No. 4825
Appointing Member of the Recreation Commission."
(Gerald E. Cheadle, M.D.)
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.
ORDINANCES FOR PASSAGE:
16. "Ordinance No. 1094,
New Series
An Ordinance Amending the Alameda Municipal Code by Amending
Section 12-756 Thereof, Relating to Limitation of Residence
Within Trailer Camps."
Councilman Anderson moved the ordinance be adopted as read. The motion was seconded
by Councilman McCall and on roll call carried by the followin vote. Ayes: Council-
men Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None.
Absent: None.
FILING:
17. Specifications, Special Provisions and Plans - No. PW 9-53-11 -
For furnishing and installing a Hydraulic Hoist and Air
Compressor at Corporation Yard.
BILLS:
18. An itemized List of Claims against the City of Alameda and the several Depart-
ments thereof, in the total amount of 26,964.37, 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 September 1, 1953, and submitted to the Council at this time, be
allowed and paid. The motion was seconded by Councilman McCall and on roll call
carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi
and President Sweeney, (5). Noes: None. Absent: None.
ADJOURNMENT:
19. There being no further business to come before the meeting, the Council adjourned
to assemble in adjourned regular meeting to be held Wednesday evening, September 2,
1953, at 7:00 o'clock.
Respectfully submitted,
City Clerk