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,