1952-01-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF 'THE CITY OF ALAMEDA
HELD WEDNESDAY EVENING, JANUARY 2, 1952
The meeting convened at 800 o'clock P. M. with President Osborn presiding.
ROLL CALL:
The roll was called and Councilmen Anderson, Eranscheid, Jones, Sweeney and
President Osborn, (5), were noted present. Absent: None.
MINUTES:
1. Councilman Anderson moved the minutes of the regular meeting held December
18, 1951, be approved as transcribed in the official record book. The motion
was seconded by Councilman Jones and unanimously carried.
WRITTEN COMMUNICATIONS:
2. From Raymond Wold Allen, doing business as Raymond Photographer, requesting
that he be granted an Electrical Construction Permit to install electric service
and wiring in the premises known as 1236 Park Street. He explained that he
rented this building for his photographic business but had to close down at the
time the Bureau of Electricity discontinued service to him because the existing
wiring was inadequate. His objection'was to the fact that he would have to pay
a licensed electrical contractor t250. for making the installation when he, himself,
fully competent to do the job.
President Osborn asked the City Attorney to clarify the provisions of the existing
ordinance on this subject. Mr. Clark quoted from Section 10-236 of the Electrical
Code in which it states that the Electrical Department may issue a special owner's
permit which gives to the owner of a building the right to install such work,
provided the work is done by the owner himself or sore member of his immediate
family residing with him. He stated the language is very explicit. He also quoted
from Section 10-213 of the Electrical Code wherein it provides that in the matter
of a dispute concerning interpretation, the decision of the Superintendent of the
Electrical Department shall be final and conclusive. He pointed out there is no
provision for appeal in this case. He stated this is a matter of administration
on the part of the Department of ,Electricity and the Council is bound by the ruling
of the Superintendent of the Electrical Department.
Councilman Jones asked if it is usual in ordinances of this kind to vest such
extreme authority in one individual. He stated he felt that in this case Mr.
Allen has a strong case to offer.
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City Attorney Clark reiterated it was a matter of administration and he felt it
was a proper rule, since it was assumed the Department of Electricity is more
familiar with electrical devices and wiring than members of the Council.
President Osborn stated that, under the circumstances, the Council has no
prerogative but to deny the aprlication.
Councilman Jones stated he was reluctant to make a motion because in this case,
it was an unreasonable situation.
Councilman Anderson stated he was an elected official and as such, was sup-osed
to uphold the laws, but felt this was a very confusing issue where the right is
given to an owner or a member of his family to do this type of work and denied
to this applicant who, in this instance, is probably better qualified to do it.
Councilman Anderson thereupon moved the request of Yr. Allen be denied. The
motion was seconded by Councilman Jones and on roll call carried by the following
vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President
Osborn, (5). Noes: None. Absent: None.
Councilman Jones stated he would now like to move that the City Attorney in-
vestigate to make sure the City of Alameda ordinance on this matter is not more
stringent than that in effect in other cities and report back to the Council.
Councilman Anderson stated he felt the survey should include what other cities
do about assuring fairness and an equitable consideration of human rights.
Councilman Jones stated he was willing to amend his motion accordingly, Council-
man Anderson then seconded the motion which was unanimously carried.
Li
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t ) • 1-,om 011ie Ross, requesting permission to establish a newsstand at the
corner of Lincoln Avenue and Webster Street, similar to the one now at Park i
Street and Santa Clara Avenue, as he is visually handicapped and wants to
operate the stand as his livelihood.
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President Osborn stated this letter comes to the Council in a manner that is really
beyond the authority of this Body to act upon. He called upon the City Manager to
explain the situation.
Mr. Froerer stated the streets of the City of Alameda are not owned in fee by the
City, therefore the operation of newsstands and other obstructions cannot be
sanctioned. He said the City has certain regulations for keeping sidewalks and
streets clear and unobstructed for the passage ef pedestrians and vehicles and it
is not within the power of the City to grant the requested permission.
Councilman Anderson moved the matter be referred to the City Attorney for his
report to the City lanager and then for the City Manager to investigate and make
a recommendation. There was no second and the motion was lost.
There was considerable discussion with regard to the several phases of the
situation - the legality of the existing newsstand at Park Street and Santa Clara
Avenue being questioned.
Councilman Branscheid moved the application be denied and the City Attorney be
requested to inform Mr. Ross that the Council has no legal authority to grant the
application. The notion was seconded by Councilman Jones and unanimously carried.
Councilman Jones pointed out there had been a similar request sometime ago and
the Council had taken the sane action as it was guided by exactly the same rule.
Yr. 011ie Ross then addressed the Council, stating he was asking to establish
this stand only for the reason that he has to make a living and he has tried
every other way. He asked why the City had allowed the newsstand tc be erected
at Park Street and. Santa Clara Avenue.
President 0-horn corrected him by stating that the Council did not grant permission
for the construction of that newsstand and it does not exist there legally. He
pointed out that the Council has no authority to grant permission for such news-
stands on sidewalk or street areas of the City.
4. -Prom the Alameda Historical Society, requesting the Council to place the
listing of the first property owners in Alameda, in the Assessment Roll of 1872
in the Society's Headquarters for an indefinite period in order that it may be
shown to the public.
President Osborn stated that this request, while it has come to the Council,
should actually be referred to the Auditor and Assessor for his consideration
and recommendation, and it was so ordered.
OPENING OF BIDS:
5. A bid was received and read from Herbert M. Watson, for the furnishing of
One Llain Radio Station Transmitter to the Police Department, in accordance with
Specifications and Provisions therefor No. MS 12-51-22. The bid was accompanied
by a certified check in the amount of ,r230.
A bid was opened and read from Herbert M. Watson, for the furnishing of
Three Frequency Modulated Mobile Radio Units in 152-162 M. C. Band to the Police
Department, in accordance with Specifications and Provisions therefor, No. NS
12-51-23. The bid was accompanied by a certified check in the amount of 5120.
7. A bid was submitted and read from Herbert M. Watson, for the furnishing of
Five Frequency Modulated Mobile Radio Units in 152-162 N. C. Band to the Fire
Department, in accordance with Specifications and Provisirns therefor, No. MS
12-51-24. The bid was accompanied by a certified check in the amount of 300.
81. A bid was received and read from Claude Salmon Co., Inc., for the furnishing
of Two Three-Wheel Motorcycles to the Police Department, in accordance with
Specifications and Provisions therefor, No. MS 12-51-25. The bid was accompanied
by a Bid Bond.
9: A bid was opened and read from California Toro Company, for the furnishing
of One Three-Unit, Tractor Propelled, Hydraulically Operated Gang Mower, with
Pneumatic Tires, for the Park Department, in accordance with Specifications and
Provisions therefor, No. MS 12-51-26. The bid was accompanied by a certified
check in the amount of 350.
10. Bids were submitted and read for the project of Constructing Sanitary and
Storm Sewers, Alameda's Sewer System to East Bay Municipal Utility District
Sanitary Interceptor, Unit TIT, in accordance with Specificatiens, Special Pro-
visions and Plans therefor, No. PW 12-51-19, as follows:
From Stolte, Inc. 1,192,806.55
Accompanied by a Did Bond
From McGuire and Hester
Accompanied by a Bid Bond
234,654.35
From Paris Bros. 217,240.55
Accompanied by a Bid Bond
The bids were referred to the City Manager and City Engineer for study and
recommendation.
REPORTS 07 COE=TTEES:
11. From the Cit- Manager, recommending that contract be awarded to the
Independent Construction Company, at its bid price of 61,918.40, for the project
of Surfacing the Basketball Court at Godfrey Park, Bay Farm Island - Specifi-
cations therefor Ho. PW 12-51-18.
Councilman Jones moved the City 1:onager's recommendation be adopted; that contract
be awarded to the designated firm for the specified project at the price quoted
and the bid bonds be returned to the unsuccessful bidders. The motion was seconded
by Councilman Branscheid and on roll call carried by the following vote. Ayes:
Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). roes:
None. Absent: None.
12. From the City Manager, recommending that contract be awarded to J. Warren
Steacy, at his high bid of ;32,260. for the privilege of operating the refreshment
concession in Washington, Lincoln, Krusi, McKinley Parks and Thompson Field, for
the period commencing January 1, 1952 and ending Deemher 31, 1953.
Councilman Anderson moved the City Manager's recommendation be approved : that
contract be awarded to Mr. Steacy for operating the refreshment concession in
certain City parks and the check be .returned to the unsuccessful bidder. The
motion was seconded by Councilman Jones and on roll call carried by the following
vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn,
(5). Noes: None. Absent: None.
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13. From the City Manager, recommending that a thirty-day extension of time be
granted to George B. Green for completion of the construction of a Broom Shed at
the Corporation Yard - Specifications therefor, No. PW 8-51-13.
Councilman Sweeney moved the City Banager's recommendation be accepted and the
specified extension of tine be allowed the contractor for completion of }m's work.
The motion was seconded by Councilman Branscheid and unanimously carried.
TITTRCDUCTION OF ORDINANCES:
14, Councilman Branscheid 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 2-115 of Title II,
Chapter 1, Article 1, of the Alameda Municipal,Code
Relating to OrdPr of Business of the City Council."
15. 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 the Alameda Municipal Code by
Adding to Article 3, Chapter 2, Title IV, a New
Section Numbered 4-236, TRegulating t!he,Height of
Hedges, Shrubs and Trees at the Corners of
Intersecting Streets."
NEW BUSINESS:
16. Councilman Anderson again brought up for further discussion the question of
the establishment of a newsstand as requested by Mr. 011ie Ross, in relation to
the one now at Park Street and Santa Clara Avenue.
It was developed that the existing stand has been there for many years; the City
is responsible for whatever accident might occur in connection therewith and the
Council should take whatever action is called for to eliminate it.
City Attorney Clark stated that if it is proper for the Council to get rid of
the obstruction that is there illegally, the action would be to request the
City Manager to take the necessary steps to cause the removal of such obstruction.
Councilman Jones stated that rather than take conclusive action at this time, it
would be better to investigate the situation and the Council could then decide
what the proper action would be.
Councilman Anderson stated h- felt it was not fair to have one party carrying on
such a newsstand and then to deny the right to another party, as in this case.
The City Attorney stated there is apparently no record of any permit ever having
been granted to allow the newsstand at the corner of Park Street and Santa Clara
Avenue.
City Manager Froerer stated it has been there only by sufferance.
RESOLUTIONS:
17. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
'Resolution No. 4521
Authorizing Execution of License Agreement with the
Regents of the L'niversity of California, a Corporation,
for the Construction, Maintenance and Use of an Access
Road to the Pacific Overseas Shipping Depot:"
The motion to adopt said resolution was seconded by Councilman Branscheid and on
roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid,
Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
18. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 4522
Accepting Grant of Easement from Kate G. Pedersen in
Certain Real Property, for Sewer Purposes, and Con-
senting to the Recordation Thereof."
The motion to adopt said resolution was seconded bv Councilman Branscheid and on
roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid,
Jones, Sweeney and President Osborn, (5). Noes None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
19• The following resolution was introduced by Councilman Sweeney, who moved its
adoption:
"Resolution No. 45
Transferring 'onies from Accounts 70-b and 70-d
to Account 70-e."
The City Manager was called upon to explain this resolution. He stated the need
for making this transfer is because of the fact that the premium of the public
liability and automobile fleet insurance has increased :14,000, this year over
that of last year. He cited the several reasons for the increase, to-wit:
Insurance rates for public liability are figured from the over-all experience of
a City; City of Alameda has had a particularly bad experience record - an 84,000.
judgment having been granted about throe years ago and the numerous sidewalk acci-
dents which have prevailed. He stated a complete investigation of this matter was
made and it was ascertained that insurance companies do not care to take on liability
insurance. He pointed out that the premiums have doubled this year in comparison
with those quoted from several companies just a year ago. In order to keep the
Council and City covered on these liabilities it was necessary to make this transfer
of funds to take care of the matter.
The motion to adopt said resolution was seconded by Councilman Jones and on roll
call carried by the following vote. t',ves: Councilmen Anderson, Branscheid, Jones
Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
20. The following resolution was introduced by Councilman Sweeney, who moved its
adoption:
"Resolution No. 4524
Transferring 700.00 from Account 70-b (Contingent
Fund) to Account 70-j (Community Advertising)."
The motion to adopt said resolution was seconded by Councilman Branscheid and on
roll call carried by the following vote. Ayes: Councilmen Branscheid, Jones,
Sweeney and President Osborn, (4).. Noes: Councilman Anderson, (1). Absent:
None, Thereupon the President declared said resolution duly adopted and passed.
21. The following resolution was Introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4525
IN MEMORIAM TO HOWARD V. YOUNG
"WITH DEEP SORROW, the Council of the City of Alameda
records the untimely and tragic death of one of its faithful
employees, HOWARD V. YOUNG, who was a recently employed member
of the Alameda Fire Department and, at the time of his demise,
was on military leave from the City employ;
"WHEREAS, FIREMAN' YOUNG was an ambitious young man and
was proving himself to be a credit to his Department;
"NOW, Ti EREFORE, BE IT -RESOLVED, that in recognition
of his friendly personality and his conscientious service, the
Council of the City of Alameda hereby expresses its sense of
personal loss and its appreciation for his loyalty to the City.
"BE IT FURTHER RESOLVED, that this Resolution be spread
in full upon the minutes of this meeting, and that a copy thereof
be transmitted to the family of Fireman Young, that it may
extend to its members a sincere expression of sympathy and
condolence: and
"BE IT FURTHER RESOLVED that when this meeting of the
Council of the City of Alameda adjourns, it shall do so in
respect to the memory of HOWARD V. YOUNG."
The motion to adopt said resolution was seconded by Councilman Sweeney and on
roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid,
Jones, Sweeney and President Osborn, (5). Noes None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
22.
"Ordinance No. 1046,
New Series
An Ordinance Amending the Alameda Municipal Code by
Adding Subdivision (26) to Section 17-342, Relating
to Two-Hour Parking."
Councilman Sweeney moved the ordinance be adonted as read. The motion was
seconded by Councilman Anderson and on roil call carried by the following vote.
Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn,
(5). Noes: None, Absent: None.
FILING:
23. License Agreement - Between Gity and The Regents of the University of
California
BILLS:
24. An itemized List of Claims against the City of Alameda and several of the
Departments thereof, in the total amounts as follows, was submitted to thr Council
at this meeting: General Departments, 32,132.52; Street Department, 1,672.20:
Gas Tax No. 2 Fund, 118,453.53; Engineering Department Deposit Fund, 280.00;
1951 Sewer Bonds Fund, c347,816.24.
Councilman Sweeney moved the bills as itemized in the List of Claims filed with
the City Clerk on January 2, 1952, and presented to the Council at this time, be
allowed and paid. .The motion was seconded by Councilman Branscheid and on roll
call carried by the following vote. Ayes Councilmen Anderson, Branscheid, Jones,
Sweeney and President Osborn, (5). Noes: None. Absent: None,
25. Prior to adjournment, President Osborn inquired if there were any further
oral communications.
Yr. Frank Gottstein spoke once again of the Posey Tube traffic situation. He
repeated that the Cities of Oakland and Alameda should investigate possibility
of operating and policing provided the County will make certain financial arrange-
ments.
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ADJOURNYENT:
26. There being no further business to come before the meeting, the Council
adjourned in respect to the memory of Howard Young - to assemble in regular
session on Tuesday evening, January 15, 1952,, at 8:00 o'clock.
Eespectfully submitted,