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1953-11-17 Regular CC Minutes465 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING NOVEMBER 17 19 3 The meeting convened at 8:15 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. MINUTES: 1. The minutes of the regular meeting held November 3, 1953, were approved as transcribed. OPENING OF BIDS: 2 Bids were opened and read for the project of Furnidling and Installing Chain Link Fence at the Corporation Yard, in accordance with Specifications and Special Provisions therefor, No. PM 10- 53 -13, as follows: From San Jose Steel Company, Inc. Accompanied by certified check in amount of From Colorado Fuel and Iron Corporation Accompanied by certified check in amount of From Anchor Post Products Inc. - Accompanied by check in amount of From United States Steel Corporation, American Steel & Wire Division, Cyclone Fence Department Accompanied by certified check in amount of From Wulfert Company Accompanied by certified check in amount of MOO 1,188.48 150.00 1,088.59 125.00 1,096.59 125.00 1,124.01 150.00 981.1.3 110.00 The bids were referred to the City Manager and City Engineer for study and recommenda- tion. WRITTEN COMMUNICATIONS: 3. From Stanley D. Whitney, Attorney for Ned Humbert, dba Humbert's Sanitarium, requesting that Section 15 -31.6 of the Alameda Municipal Code be amended to provide that a Nursing Home be permitted to accommodate not more than 16 persons - it being distinctly understood that this could only be done with the approval of the Health Officer, the State Department of Public Health, the Building Inspector and the Fire Marshal. The communication pointed out that this Section presently provides that no nursing home shall be permitted to accommodate more than 8 inmates if such nursing home be located or conducted in any wooden frame building, which this is. The wide need for nursing homes was emphasized. Councilman Jones moved this communication be referred to the City Manager for appropriate investigation and report back to the Council as to what action can be taken along the lines suggested. The motion 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. 4/ From Alameda Chamber of Commerce, submitting recommendations from its Off- Street Parking Committee, as follows: (1) That the City Council appoint a parking authority; (2) That the City Council take immediate steps to set money aside from the parking meter revenue towards the acquisition of off - street parking. Councilman Jones stated he thought this matter should be referred to the Committee of the Whole so that consideration could first be given to the suggestion that the Council allocate certain portions of the parking meter funds - and he so moved. The motion was seconded by Councilman Moresi and unanimously carried. 5. From Mr. Robert U. Downie, 1377 Garfield Avenue, protesting against low- flying aeroplanes. President Sweeney called upon the City Manager to explain what the City has done about this situation. Mr. Froerer stated this condition has been one nuisance the residents of the City have been subjected to for a considerable period of time, The Council has taken very active interest in endeavoring to eliminate the nuisance and possible hazard, He stated that some months ago, the City Attorney and he called upon the Manager of the Civil Aero- nautics Administration and also discussed the matter with the Manager of the Oakland Airport on several occasions. He pointed out the Civil Aeronautics Administration controls and regulates the use of air in approaching and taking off from the airport and the change in the direction of the wind sometimes makes the situation acute. He said there has been some degree of success in keeping planes high over the City, but under adverse wind conditions, they do get low. He stated the planes must follow a certain flight angle and the regulations set by the Civil Aeronautics Administration. He pointed out that the City Ordinance ties in with the regula- tions of the Civil Aeronautics Administration in establishing a minimum flight angle of 500 feet. Councilman Jones suggested that Mr. Downie's letter be forwarded to the Civil Aero- nautics Administration. President Sweeney requested that a copy of the City ordinance also be sent, and it was so ordered. Councilman Anderson stated each and every violation should be reported directly to the Civil Aeronautics Administration and the complaints should be registered in writing. Mr. Froerer explained that every protest has been referred not only to the local Civil Aeronautics Administration office, but to Washington and Congressman Miller and they have been referred back to the local office. 6. From Mrs. Henry Nunes, 3351 Fernside Boulevard, requesting the refund of $16. which was paid for two building permits, due to the fact that her plans have changed and construction will not be started until the Spring of 1954, at which time new permits will have to be procured. Councilman Anderson moved that the fees paid for the building permits, in the amount of $16.0 be refunded to Mrs. Nunes. 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, 7. From the Board of Education, notifying the Council the Alameda Unified School District has purchased two parcels of property known as 1508 and 1514 St. Charles Street, and requesting that tax liens against the property be cancelled. It was explained that the total amount of unpaid taxes is $67.20. The matter was then referred to "Resolutions". 8. From the East Bay Uniform Electrical Code Committee, recommending the adoption of the proposed new schedule of electrical permits and fees, for the following reasons: (1) It provides a standard method of computation of fees, resulting in less confusion and better compliance; (2) It enables the East Bay Cities and Counties to increase their fees in amounts consistent with increases in the cost of administration of inspection departments and (3) It removes the inequities from existing schedules. It was pointed out that the proposed schedule establishes fees at a general level with the cities of Berkeley and Oakland, but lowrthan San Francisco, 9" the Alameda Chamber of Commerce, in response to the City's request that it study further the proposed changes in the electrical inspection fees schedule, in- forming the Council that its Board of Directors concur with the fees as set forth in Resolution No. 1396 recently adopted by the Board of Public Utilities. The matter covered by the two foregoing communications was referred to "Passage of Ordinances". ORAL COMMUNICATIONS: 101( President Sweeney instructed the Clerk to read a letter from Thomas M. Lane, Chief of the Alameda Fire Department, concerning the training courses completed by fifty-nine members of his Department which entailed thirty hours of their time. The Clerk also read the names of the men who had earned the Certificates of Achievement. President Sweeney called Chief Lane forward and presented the Certificates to him on behalf of his men. He heartily congratulated the Chief on his fine Department and highly commended the members of the Department for their interest and effort in attaining their high standard of efficiency. Chief Lane thanked the Mayor for his laudatory remarks and said he was very proud of his Department and he would be happy to distribute the Certificates to his men. 11. President Sweeney called upon Councilman Jones at this time, to report on his attendance at meetings concerning the transportation.situation. Councilman Jones stated he had been asked to serve on a Temporary Transit Committee to meet with representatives of other cities to determine whether or not a Permanent Transit Committee should be established to work with the San Francisco Bay Area Rapid Transit Commission. He pointed out this latter Commission is already established and the City should have some means of exchanging ideas and information. He said $750,000 has been appropriated to be used for making a study to get the most satisfactory transportation results. This Temporary Committee has met and adopted a resolution setting forth its purposes and functions. He announced there is to be a meeting on Monday, November 23, 1953, at the office of the East Bay Division of the League of California Cities, Hotel Claremont, Berkeley, at 3:30 o'clock P. M. He said he understood Councilman Moresi would be able to take his place at this meeting since he would be away on a business trip. He said he felt that instead of the City merely asking the League to establish such a transit committee, it should be done by resolution and also, each, city, represented at the meeting should pass a similar resolution. He thought this was a very necessary step - the people of the East Bay are clamoring for better service. He suggested our representative should express the view that one of the functions of the Committee would be to immediately meet with the hey System Transit Lines and ascertain just what its long range plans are. He thereupon moved that Councilman Moresi be authorized to represent the City of Alameda at that meeting and express the views of the Council as indicated. The rotion was seconded by Jouncilman Anderson and unanimously carried. President Sweeney stated the City will do everything possible to speed up the trans- portation situation and thanked Councilman Jones for his splendid work in getting this committee organized. REPORTS OF COMMITTEES: 12. From the Recreation Commission, commending the Council for its action in author- izing certain recreation improvements this year and recommending that the swimming pool be located on, or adjacent to, Alameda High School property and that the Council initiate a meeting with the Board of Education to determine upon joint planning, con- struction and use of the pool for educational and recreational purposes - and also requesting that the Commission be in attendance at such a meeting. The letter in- formed the Council that Dr. Cheadle's term as Chairman of the Commission has just expired and Mr. George A. Rose has been elected to this position. President Sweeney stated he wanted to publicly thank Dr. Cheadle for having given so wholeheartedly of his valuable time in serving the City in this capacity. He also noted the presence of Mr. Rose in the audience and introduced and congratulated him. Councilman Jones stated it appeared to him that it is impossible for the Council to take any definite action at this time because it should first have an investigation made by the City Attorney to make sure the Council is on sound legal ground before proceeding. He suggested this recommendation be referred to the City Attorney with the request that he submit a ruling to the Council and then it can decide whether or not it will be feasible to hold a meeting with the Board of Education. It was so ordered. Councilman McCall stated he realized the Council has to have a legal opinion but he felt there was unnecessary delay in going ahead with the swimming pool program. He said that in traveling around the State - especially in the Valley towns, he has noticed there are swimming pools, as well as all athletic facilities, on school property which are used by the community as a whole. INTRODUCTION OF ORDINANCES: 13. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Ordinance No. 1066, New Series by Amending Section 3, Thereof, Relating to Membership of the Recreation Commission of the City of Alameda." President Sweeney explained that, as presently set up, a member of the Council and a member of the Board of Education are voting members of the Recreation Commission. The proposed ordinance will change this by eliminating these members from the Commission and thus give greater citizen participation in the Commission. Councilman McCall introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Regulating the Examination, Registration And Licensing of Persons Engaged in the Businesses of Plumbing and/or Heating and Ventilating or Working as Plumbers or Mechanics in Such Businesses in the City of Alameda; Establishing Minimum Requirements for the Installation, Alteration or Repair of Plumbing, Heating And Ventilating Systems and the Inspection Thereof; Providing for the Issuance of Permits and the Collec- tion of Fees Therefor; Providing Penalties for the Violation Thereof, and Repealing Chapter 3 of Title X of the Alameda Municipal Code,and All Other Ordinances And Parts of Ordinances in Conflict Herewith." UNFINISHED BUSINESS: 15: Councilman Anderson asked if the City Attorney could give a brief report on how the shoreline development plans are progressing. Mr. Clark stated there has been a move initiated to prevail upon the Division of Parks and Beaches to cancel monies heretofore allocated to the Counties - if the Counties have not completed their plans. He said Mr. JohlThomas, of the County Planning Staff, has advised that the Cities of Berkeley and Emeryville have completed their plans and there is definite progress toward completing the County plan and the move to break up the allocations can be forestalled. He stated the amount of money involved is $500,000. In response to Councilman Anderson's question as to whether or not all of the cities have completed their plans and the unincorporated areas of the County have not been completed, Mr. Froerer said the present status of the Master Plan of Alameda County is that Albany has now employed a Planning Engineer to prepare its plan - it being the only incorporated city which has not yet completed its plan. The plan is not complete for unincorporated areas. He pointed out that the Master Plans as sub- mitted by the various communities must be integrated into a County Master Plan which will be satisfactory to the Division of Parks and Beaches. He further explained that the cities have requested the County to make representation at a meeting to be held in Sacramento on Friday, November 20, to make vigorous protest against any re- allocation of these funds. He had been informed by the Board of Supervisors that Mr. John Thomas had been authorized to attend this meeting. In answer to Councilman Anderson's question as to when Alameda had completed its Master Plan of Shoreline Development, Mr. Froerer replied that it was sometime during the middle of 1947, and it had been approved by the City Planning Board and the Council at that time. Councilman Moresi Consultant, about and would be glad tations. Mr. Froerer stated the City should be and members of the stated she had been talking to Mr. Campbell, the City's Planning this coming meeting and he had told her he plans to be in Sacramento to represent the City at that time, together with his other represen- that, if it meets with the approval of the Council, he, too, felt represented at that meeting and asked that he and the City Attorney City Council be authorized to attend officially. Councilman Anderson then made a motion to this effect which was seconded by Council- man McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 16. Councilman McCall brought up the matter of Key System service and its apparent curtailment of schedules. Mr. Froerer stated he had talked with Mr. Crew of Key System, who had informed him the company still lacked some 200 drivers since resuming operations after the recent strike. He had also explained that it takes about 6 weeks to train drivers and that it is not a matter of changing schedules but some headways have been increased due to the shortage of experienced drivers. Councilman Jones stated he thought this matter should be watched and moved that the City Manager be requested to have a survey made as soon as it is deemed necessary. The motion was seconded by Councilman Moresi and unanimously carried. 17. With regard to the second Tube, the City Manager stated the City of Alameda has secured an appointment to appear before the Highway Commission at 9 :15 o'clock, a.m. in Sacramento on Thursday, November 19. He said Mr. Werner, Publisher of the Alameda Times -Star, and Mr. Randal F. Dickey, Assemblyman, had been invited to go with him and the City Attorney and he thought it would be well to have representation from the Alameda Chamber of Commerce. He pointed out the Army had contemplated an extensive expansion program for its Medical Depot which would use the property needed in connection with the second Tube. He said he had called Mr. Durkee, Director of Public Works, concerning the acquisition of the right -of -way across the Medical Depot property and it was through his office that this meeting was arranged. RESOLUTIONS: 18. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4848 Cancelling City Taxes on Property Acquired by the City for Municipal Purposes." (For School Purposes) 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. 19. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution. No. 4849 Amending Subparagraph 11 of Paragraph 2, Section 2, of Resolution No. 47860 by Creating the Position of 'Planning Director' in the 'City Planning Department' of the City of Alameda and Establishing the Salary Range 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. Upon request, Mr. Froerer explained it was the recommendation of the Public Admini- stration Service that there be a Planning Department in the City of Alameda and the Council has had this matter under consideration for a long period of time. The purpose for the employment of the Planning Engineer or Planning Director is to aid the Planning Consultant in the preparation of Master Plans and to supervise the carrying out of details to insure that the Master Plan of the City would not be merely a plan on paper but would become a reality. ORDINANCES FOR PASSAGE: 20. "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 10-2318 Thereof, Relating to Fees for Permits and Inspections (Electrical." Councilman Jones moved the Ordinance be adopted as read. Mr. Bert Mansfield, Electrical Contractor, was called upon for any further remarks he might wish to make on this matter - since he had registered some protest against the proposed increase in fees when the ordinance was introduced at the last meeting. Mr. Mansfield stated he expected to have some support with him this evening in sub- mitting his opposition, but it had not materialized. He said he wanted to ask two questions, "Are you going to raise fees in Alameda just because they did in Timbuktu?" and "Where is the money going?" He asked that the matter be laid over to the next meeting before action is taken to adopt the ordinance. Councilman Anderson stated it is perfectly satisfactory with him to hear this matter again at the adjourned regular meeting to be held on December 8, and he was agreeable to extending this courtesy. He stated he would, however, like to answer Mr. Mansfield's questions now. He emphasized that the Council is not interested in what is done in Timbuktu and pointed out that the fees collected under the existing schedule of the Bureau of Electricity amount to about 2,500. annually and it has been stated that its costs amount to t5,000. annually - and even that does not cover everything involved in the expense of making inspections. He also pointed out the money would go into the City's General Fund - the increase being estimated to be about $2,500. President Sweeney stated he would not be able to attend the adjourned regular meeting to be held on December 8, and he wanted to make known his position. He stated it is just not good business to collect only T52,500. when the costs of inspections amount to ,000. per annum. Mr. Ernest G. Kramm, Chairman of the East Bay Uniform Electrical Code Committee and Manager of the Northern California Chapter of the National Electrical Contractor's Association, addressed the Council on this subject. He stated the City's present fee schedule has been in effect since 1934, and in view of the fact that the cost of living and wages have doubled since that date, the City should be in step with these increased costs. He felt it was for the good of the industry to establish more uni- formity in the schedules of the various cities. He pointed out the new rates will be more in line with those of Berkeley and Oakland but not as high as those of Emeryville and San Francisco. There was no second to the motion to adopt the ordinance - so the matter was laid over to the next meeting of the Council. 21. "Ordinance No. 1100, New Series 469 An Ordinance Amending the Alameda Municipal Code by Amending Section 9 -141 Thereof, Relating to Dogs." Councilman Anderson moved the ordinance be adopted as read. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Council- men Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 22, "0rdinance.No. 1101 New Series An Ordinance Amending Sections 3- 1012,.3- 10115, 3 -1023 And 3 -1026 of the Alameda Municipal Code Relating to Sales Tax and Use Tax." Councilman McCall moved the ordinance be adopted as read. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Council- men Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 23. At this point, President Sweeney announced that the Youth Officials of the City will held a Council meeting in the Council Chamber this Thursday evening, November 19, at 8 :00 o'clock, and invited all to support the young people by attending their meeting. Upon inquiry as to there being any further oral communications, Councilman Anderson suggested the City Manager report on the matter of Park Avenue parking. Mr. Froerer stated there has been under consideration the matter of prohibiting parking on the Jackson Park sides of Park Avenue - due to the fact that there would be less possi- bility of children being struck by a car because of their darting out from between parked cars. He remarked that the Chamber of Commerce has suggested that the park- ing situation might be improved by cutting back the park curbs. He said the Police Department is making an investigation of this suggestion and also in connection with the hazards to children in the area. Mr. Edward Bangs, 1220 Park Avenue, spoke for a group of property owners on Park Avenue who were present. He stated every property owner on this avenue will go along with the prohibition of parking along the Jackson Park sides of the Avenue - but they will fight any attempt to cut into the Park itself for parking purposes. He felt it would be far better for the City, if it wants a public parking lot, to acquire property much closer to the business center than this Park is, He agreed there have been children injured along the avenue and pointed out it is too narrow to have cars parked on both sides. FILING: 24. Auditor's Financial Statement, City of Alameda, for month of October, 1953 - Verified by Middleton, Suman and Hackleman. BILLS: 25. An itemized List of Claims against the City of Alameda and the several Depart- ments thereof, in the total amount of x$'25.564.37, 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 November 17, 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: 26. There being no further business to come before the meeting, the Council adjourned, to assemble in adjourned regular meeting to be held Tuesday evening, December 8, 1953, at 7 :45 o'clock. Respectfully submitted,