1952-02-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE C TY OF ALAI
HELD TUESDAY EVENING, FEBRUARY 5, 1952
The meeting convened at 8:15 o'clock P. M. with President Osborn presidir
ROLL CALL:
The roll was call-ed and Councilmen Anderson, Branscheid, Jones, Sweeney
and President Osborn, (5), w-(e noted present. Absent : None.
MINUTES:
1. The minutes of the regular meeting held January 15, 1952, were approved as
transcribed.
;;RITTEN COMMUNICATIONS:
2. From 21ast-O'Coat Consolidated, t:nansItitting tw,e communications, dated January
14, and 18, 1952, giving information with rgard to the refinishing of the eicterior
of the City Hall, and offering to visit the Council to explain its product and sub-
mit a tentative estimate.
President Osborn stated these letters cre-ted an interest in his mind as to the
possibilities involved and requested the City Manager to get more information as
to just That this material will do and the apnroximate cost entailed. There being
no objecLions, the matter was referred to the City Manager for further investigation
3.
From the Apartment House As oci tion of Alameda Cornty, Inc., transmitting
its Resolution opposing any-attempt to declare this a critical defense area and to
reimpose or recontrol rents, without first r—king a complete survey of vacancies
in the area to determine whether or not a hcusing shortage exists.
The matter was referred to "Resolutions."
4. From Donald and Marie Kling, Lewis C. and Nita K. Evans, Harold C. and Frances
M. Ward, requesting the division of Diagram and Assessment of Parcels Nos. 73-5,
73-6 and 23-d of the Da Farm Island Sewer Assessment Distr'‘,-t, :reject No. 1 -
into five parcels to be numbered 73-5, 73-6, 73-7, 73-8 and 73-9.
n.
From Walter L. and Martha J. Osborne and Harold C. and Frances M. Thrd,
requesting the division of Diagram and Asess.--ient of Parcels Nos. 19 and 19-1
of the Bay Farm Island Sewer Assessment District, Project No. 1 - into five parcels
to be numbered 18-3, 10-4, 18-10, 1e-11 and 10-12.
. From Victor G. Flashman, requesting the division of Diagram and Assessment
of portion of Lot 6 of the Bay Farm Island Sewer Assessment District, Project No.
1 - into twenty-two par�els to be numbered consecutively from 12-5 to 12-25, both
inclusive, and No. 17-1.
The last three matters were referred to the City Engineer for his report.
7. From Mrs. Ann Thomsen, rsgistering her coacplaint about the unsightly condition
at the southeast corner of Chestnut Street and Clement Avenue, the aftermath of the
recent flood in that area, and stating she believed it is the duty of the City to
have the debris removed.
The matter was referred to the Oity Manager for investigation.
S. From the Alameda Times-Star, requesting the Council's consideration of the
advance releae of the Tentative Agenda for the Council meetings, for publication
in Lhe paper the evening before the actual me tinr. It was felt this plan would
serve to heap the public informed of the activities of the City Government and
create a greater interest in the affairs of the City.
Councilman Sweeney stated he thought it was a very good idea.
President Osborn requested the City Cleric to furnish a cony of the Agenda to the
Times-Star and also to the Oakland Tribune, if it so desires, at the earliest
possible time, in line with the preparation of ihe Agenda for the Councilmen.
Councilman Anderson suggested tht, if it is pos-Ible, the Agenda should be made
available to the press to be nublished in the Monday evening paper. He felt the
public should be informed at least a day aheaa in order that anyone interested
in at,tending the meeting can plan accordingly.
President Osborn asked the City Clerk if the Agenda could be tent to the Times-
Star by noon, its deadline for receiving sateria1 for publication that day.
The City Clerk stated that, heretofore, the Agenda has not been prepared until
the afternoon of the day preceding the meeting, due to the fact that there is not
much ready for listing prior to th t time. The Clerk stated, however, that she
169
would be glad to make a copy for the Times-Star that morning, giving as much
information as possible.
ORAL CO EUNICArlIOITS:
01/4'; Mr. Alec Low, A-ameda Chairman of the United States Savings Bond Committee,
stated that the City of ,.lameda has been honored by '-eIng presented with a "T"
Flag from the Treasury Department in recognition of the fact that over eighty
per cent of the business firms within the City offer their employees the privi-
lege of purchasing United States Bond' by the payroll deduction plan. Alameda
is one of fourteen cities in the State of California that has won this honor.
President Osborn responded by stating that in receiving this "T" Flag, he was
very proud of the fact that Mr. Alec Low has always rade a great success of
anything he undertakes and his efforts had brought this honor to Alameda. He
assured Mr. Low he would ask the City Eanager to have the "T" Flag hung in the
Mayor's office.
10. Mr. Frank Gottstein spoke on the usual subject of traffic congestion on
Webster Street and through Posey Tube. He again pointed cut that the Police
Traffic Officer was not on duty at the peak hours at Tynan Avenue and V,ebster
Street.
11. There was some discussion on the subject of arranenents made to take care
of traffic during the change of hifts in the mornIngs.
President Osborn requested. the City Manager to check with the Chief of Police
and ascertain what time the officers are supposed to be on duty at this point.
REPORTS OF COMMITTES:
11. From the City Manager, reporting on his investigation of the request from
E. D. Anderson for permission to erect a corrugated stool fence, eight feet in
height, across the rear and two sides, etending from the rear toward the front
approximately fifty-five feet, en the property at 1912 Everett Street. He
stated that in view of the fact ih t the property is in the "H" Heavy Industrial
District, the request should be granted.
Councilman Jones moved the City Manager's recommendation be a2-roved and per-
mission be grant-o to this applicant to erect the fence as requested. The
motion was seconded by Councilman Anderson and unanimeusly ca red
12 From the City Manager, reporting that al work on the construction of Storm
Sewer Laterals on Fillmore Street, froni High to Court Streets, has been completed
to the satisfaction of the Eng'neering DepIrtment. He recommended the work be
accepted and the Notice of Completion be ordered filed.
Councilman Branscheid moved the City Ean ger's recommendation be adopted; that
the work on this project be accepted and the notice of Completion be filed.
The motion was seconded by Council Lan Sweeney and unanimously carried.
13. From the City Manager, recommending that contract be awarded to George 5.
Green, low bidder, for the project of making Alterations and improvements to the
Alameda launicipal Golf Course Coffee Shop it the bid price of J16,053. The bid
had been accompanied by a bid bond instead of the required certified check, but
the City Attorney advises that the Council can waive this irregularity.
President Osborn asked the City Attorney if it is necessary to specifically
waive the requirement for a cer!ified check in awarding the contract. Ur. Clark
replied that this Is not necessary.
Councilman Branscheid moved the CIty Manager's recommendation be accepted: that
contract be awarded to Er. Green for the specified project and the bid checks be
returned to the unsucce-srul bi'',ders. The motion was seconded by Councilman
Sweeney and on roll call carried by the following vote. Ayes: Councilmen
Anderson, 3ranscheid, Jones, Sweeney and President Osborn, (5). Noes: None.
Absent: None.
14. From the Gity Manager, requesting permission to sell a 1930 Dodge Coupe,
used as a service car in the Fire Department, and to use the proceeds as part
of the purchase price for one s-cond-nand, one-half ton pick-up truck, which
will cost ap:rox'lately ,662.
Councilman Sooney moved the City Manager's request be granted - to sell the 1930
Dodge Coupe and purchaee one second-hand pick-up truck. The motion was seconded
by Council,,an Anderson and on roll call ce-ried by the fol-owing vote. A es
Councilmen Anderson, Branscheid, Jones, Sweeney and Pesdent Osborn, (5). Noes:
bone. Absent: 'one.
15. From the City Manager, requesting authorization to attend the Annual Spring
Meeting of the Manag=,r's Section or the League of California Cities, to be hold
in Riverside, on February 20, through 22, 1952, and that :100. be appropriated
for this purpose.
Councilman Branscheid moved the City Manager's request be granted: that he be
authorized to attend the designated Meeting and the sum of 100. be appropriated
for his expenses. The motion 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.
16. From the City Planning board, with regard to the problem of policing or
enforcing conditions on which certain petitions might be granted. it suggested
that additional help be furnished the Inspection Department in order that proper
check can be made - and also, in the proposed revision of the Zoning Ordinance
that adequate regul ticns be set forth to eliminate the existing lack of authority
or jurisdiction in this respect.
President Osborn stated that, if it meets with the approval of the Council, he
would request the City Manager to investigate this matter of the enforcement of
provisions with regard to Use Permits and Adjustments to see that the terms are
observed. It was so ordered.
17. From the City Manager, recommending that Mrs. Geraldine Leydecker, Acting
Superintendent of Recreation, be'authorized to attend the Fourth Annual Recreation
Conference, to be held in Fresno, from February 19, to 22, inclusive, 1952, and
,375. be appropriated for this purpose. Also, that she be granted permission to
use a City automobile for transportation.
Councilman Anderson moved the City Manager TS recommendation be approved; that Mrs.
Leydecker be authorized to attend the specified Conference, the sum of ,75. be
appropriated to cover her expenses and she be allowed to use a City car for trans-
portation. 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.
18. From the City Manager, submitting a report entitled, "Off-Street Parking
Survey and Report - January, 1952.
President Osborn stated he has read and studied this report and believed it was
mostcompreleensive. At this time, he noted a strong delegation of members from
Junior unior Chamber of Comerce and expressed his appreciation of their attendance
at the meeting. He also welcomed Mr. Miller, President, and Mr. Gil Healy, member
of the Board of Directors, of the Alameda Chamber of Co-imerce. He stated that
copies of this Report are available to them and the Council will be most happy to
have then read and study it, because the Council has done the sarre with the Report
submitted by the Junior Chamber of Commerce on this subject. President Osborn
remarked that sometime in the near future a joint meeting will be held at which
tine both Reports will be discussed and he hoped they could arrive at satisfactory
corclusions.
19. From Thomas M. Lane, Chief of Alameda Fire Departnent, informing the City
Manager that the local Department has won First Place in the California award
in the 1951 Fire Prevention Week contest of the National Fire Protection Asso-
ciation. He thanked all those who had helped to earn this Award.
President Osborn stated he regretted that Chief Lane was not able to attend this
meeting as he wanted to publicly thank In for gaining this publicity for the
City of Alameda. He remarked that Chief Lane and his Department are recognized
as being outstanding in their work of protection against fires. He expressed the
appreciation of the Council to all members of the L'ire Department and all others
mentioned for their efforts In helpinr to win this recognition.
20. From Mr. William Nankervis, Jr., tendering his resignation as a member of
the Civil Service Board, due to his recent appointment as Reporter of Decisions
of the Supreme Court of California.
President Osborn stated the City Council really regrets the fact that Mr.
Pankervis finds it necessary to resign. He commended him by pointinr out that
Mr. Nankervis has served the City in a most efficient manner for many years.
His place will have to be filled, but it will not be easy for the Council to
find a person qualified to servo as well.
Councilman Jones moved the resignation be accepted with regret and that an appro-
priate letter of appreciation for his services be sent to Mr. Nankervis. The
notion was seconded by Councilman Sweeney and unanimously carried.
21. From Miss Mildred S. Meyers, notifying the Council that she will be absent
from the City from March 1, to about June 15, 1952, and requesting its approval.
Councilman Anderson moved Miss Meyers request be rranted and she be allowed to
be absent from the City from March 1, to June'15, 1952. The motion was seconded
by Councilman Sweeney and unanimously carried.
22./ From the City Manager, r commending that a 1940 Ford Sedan be sold, as is,
for the price of 250., to the —laneda Family Service Agency when the Articles
of Incorporation of the Agency are effective. This automobile has been used by
the Case Worker of the Social Service Department, whose duties will soon be under
the jurisdiction of the Agency.
171
Councilman Anderson moved the City Lanagor's recommendation be approved; that the
1940 Ford Sedan be sold, ad- is, for 250, to the specified Agency. The motion
was seconded by CounciDman Sweeney and-on roll call carried by the following vote.
Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5).
Noes: None. Absent: None.
25/ From the City Manager, reporting that all work in connection with the con-
struction of a Broom Shed at the Corporation Yard has been satisfactorily completed,
and recommending that it be accepted and the notice of ComPletion be ordered filed.
Councilman Jones moved the City Manager's recommendation be adopted; that the work
on this project be accepted and the :Notice of Completion be filed. The notion was
seconded by Councilman E'leeney and unanimously carried.
24.,1" Prom the City Manager, recommending that Gallagher and Burk, Inc. be granted
an additional thirty-day extension of time in which to complete the work of con-
structing the Fernside Traffic Channel.
Councilman Sweeney moved the City Manager's recommendation be approved and this
firm be allowed the requested thirty-day extension of time to complete the speci-
fied project. The motion was seconded br Councilman 3ranscheid and unanimously
carried.
25./ From the City Manager, recommending that John E. McCosker, Inc. be granted a
thirty-day extension of time to complete the work of repaving and expansion of the
City Hall Parking Lot.
Councilman Anderson inquired if this is the first extension of time requested by
Mr. McCosker on this job. The City Manager answered that it is.
Councilman Jones moved the City Manager's recommendation be approved and the
thirty-day extension of time be granted to this ccmpany as requested. The motion
was seconded by Councilman Sweeney and unanimously carried.
26. From the City Attorney, with regard to the City's claim against Mr. and Mrs.
Heymes, to recover an amount of ,462.21, the cost of reconstructing their seawall
at the foot of Regent Street. He stated that Mr. Heymes has now offered to pay
a400. in full settlement of tie claim. In view of the circumstances surrounding
the case, and the possibility of long drawn out lltigation to recover the total
amount, Mr. Clark recommended that the offer be accepted and the City Attorney be
authori zed to effect said settlement.
Councilman Anderson moved the City Attorney 's recommendatien be adonted:that the
offer of =400. be accepted and he be authorized to effect said Settlement. The
motion was seconded by Councilman Jones and unanimously carried.
INTRODUCTION OF ORDINANCES:
27. Councilman Sweeney introduced the following ordinance.
"Ordinance J.o.
New Series
An Ordinance Vacating Sewer Easements in Certain
Lands and Authorizing Execution of Quitclaim Deed
to Alaska Packers Association."
Due to its emergency, it was referred to "Ordinances for Passage."
28. Councilman Branscheid introduced the following ordinance.
"Ordinance No.
New Series
An Ordinance Vacating Sewer Easements in Certain
Lands and Authorising Execution of Quitclaim Deed
to Stokely Foods,
Due to its emergency, it was referred to "Ordinances for Passage."
29. Councilman Joms Introduced the foilowrg ordinance.
"Ordinance No.
New Series
Amending Article 6, Chapter 2, Title V, of the Alameda
Municipal Code by Adding Thereto a New Section to be
Numbered 5-254.1, helet"ng to Sidewalk Obstructions."
Due to its emergency, it was referred to "Ordinances for Passage."
30. Councilman Anderson introduced the following ordinance.
72
"Ordinance No.
New Series
Anending Article 7, Chapter 1, Title V, of the
Alameda Municipal code by Adding Thereto New
Sections to-be Numbered 5-171.1, 5-171.2, 5-171.3
and 5-171.4, Relating to the Use of Sidewalks for
the Sale of Merchandise."
Due to its emer-ency, it was referred to "Ordinances for Passage•
31. Councilman Anderson introduced the following ordinance, after which it was
laid over under provision of law and the Charter:
"Ordinance No.
New Series
It
An Ordinance Vacating Sewer Easements in Certain Lands
and Authorizing Execution of Quitclaim Deed to Alaska
sackers Association and Alameda Belt Line, Jointly."
32. Councilman Branscheid introduced the following ordinance, after Ynich it was
laid over under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Amendi ng the Alameda Municipal Code by
Adding Subdivision (40) to Section 17-432 Thereof,
Relating to Stop Intersections." (Lincoln Avenue and
Fifth Street)
RESOLUTIONS:
33. The following resolution was introduced by Councilman Branscheid, who moved
its adoption:
"Resolution No. 4532
Adopting Specifications for Furnishing to the City of
Alameda One (1) Latest Model Electric Accounting
Machine, which must have as an Integral Part a Normal
Typewriter with a Carriage and a Roll-Type Platen,
Calling for Bids and Directing City Clerk to Advertise
Same."
In response to Councilman jones' inquiry, City Manager Froerer stated these
specifications had been prepared by the special accountants of the City and were
drawn up to meet the job requirements.
The motion to adopt said resolution was seconded by Councilr_an Jones and on-ro21
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.
34. The following resolutio- was introduced by Councilman Anderson, who moved its
adoption:
Resolution No. 4533
Authorizing City Manager to Make Application to State
Director of Finance on Behalf of the City of Alameda
For State Assistance in T)efraYing Cost of Plans for
Reconstruction of San Jose Ayenuefrom Chestnut Street
To Lorton Street and of Morton Street From San Jose
Avenue to San Antonio Avenue (Project No. 47-38)
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.
35. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4534
Accepting Right of '::ay Deed from J. H. Baxter & Co.,
In Certain Real Property, For Sewer Purposes, and
Consenting to the Recordation Thereof."
The motion to adopt said resolution was seconded by Councilman Branscheid and on
173
roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid
Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thene-
upon the 'President declared said Resolution duly adopted and passed.
36. The fo:lowing resolution was introduced by Councilman Branscheid, who moved
its adoption:
"Resolution No. 4535
Transferring 81,071.98 from the In Lieu Tax Fund
To the General Fund"
The motion to adopt said resolution was seconded by Councilman Anderson and on
roll call canried by the following vote. Ayes: L'ouncilmen Anderson, Branscheid,
Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. There-
upon the President declared said Resolutien duly adopted and passed.
37. The following resolution was introduced by Councilman Anderson, who roved
its adoption:
u,
Resolution Pc. 4536
Creating the Position of "Police CaPtain" In the Pel'oe
Department of the City of ,,lamoda, Proscribing the
Duties and :ixing the Salary Thereof"
The motion to adopt said resolution was econded by Councilman Sweeney and on
roll call carried by the following vote. Ayes: Councilmen Anderson, 3ranscheid,
Jones, Sweeney and President Osborn, (5). roes: None. Absent: rene. There-
upon the President declared said Resolution duly adopted and pas d.
38. The following resolution was introduced by Councilman Jones, who moved
its adoption:
"Resolution. No. 4537
Creating One (1) Additional Position of "Police
Lieutenant" in the Police Department of the City
of Alamedalt
The motion to adopt said resolution was seconded by Councilnan Sweeney and on
roll call carried by the relieving vote. Ayes: Councilrien Anderson, 3ranscheid,
Jones, Sweeney and President Osborn, (5). :cies: None. Absent: -;one. There-
upon the President declared said resolution duly acopted and passed.
Upon Councilnan Jones request, President Cebern'explained the creation of the
two Mentioned positions in the Police Department, by stating that the C'ouncil,
with the aid of the City Manager, has given great consider:tion to what might be
termed "streamlining" or building up the Police Department. This particular
action had also been suggested by the County Grand Jury. The Council is endeavor-
ing to bring the Police Department up to a point of increasing its present
efficiency.
39. The following resolution was introduced by Councilman Anderson, who moved
its adoption:
Resolution No, 4538
Authorizing the Execution of a Revocable Pernit Agreement
With the United States of Amsrica to Construct, idaintain
And Cperate Sewers _ig a 2ortion of the Innd Comprising
The L,elited States ava1 Industrial Reserve Shipyard"
The motion to adopt said resolution was neconded by Councilman Jones and on'roll
call carried by the following vote. Ayes: Councilmen Anderson, 3ranscheid,
Jones, Sweeney and President Osborn, (5). roes: rone. Absent: None. There-
upon the President declared :aid resolution duly adopted and passed.
40. The following resolution was introduced by Councilman Anderson, who moved
its adoption:
Resolution No. 4539
Authorizing Execution of Agleement with Central Pacific
Railway Company and Southern Pacific Company -:or Grant
Of Thee_sent for COW3I' Purposes in Vicinity of Thau Way"
Tho .,-lotion_ to adopt said resolution was seconded by Councill,lan Branscheid and on
roll call carried b: the followitnp- vote. Ayes: Councilmen Andercon, 73ranscheid,
Jones, Sweeney and -.President Osborn, (5). roes: None. Absent: None. 'there-
upon the 2resident declared seid resolution duly 000ptecl and pas d.
41. The following resolution was introduced by Councilman Branscheid, who moved
its adoption:
"Resolution No. 4540
Adopting Specifications, Special Provisions and Plans
For Interior Painting and Decorating of the Health
Center 3unding, 2226 Santa Clara Avenue, Calling for
Bids and Directing City Clerk to Advertise Same"
The notion to adopt said resolution vas seconded by Councilman Sweeney and on '
roll call carried by the following vote. Ayes: Counc'lnen Anderson, Branscheid,
Jones, Sweeney and President Osborn, (5). Noes: one Absent: 1one. There-
upon the President declared said resolution suly adopted and passed.
42. The following resolution was introduced by Councilman Anderson, who moved
its adoption:
"Resolution No. 4541
Memorializing the Housing and Hong Finance Agency,
Public Housing Administration, In the Matter of
Opposition to the Designation of the City of Alameda
Or an Area Including the City of Alameda as a Critical
Defense Housing Area, Requesting Notice of Future
Hearings and that Copies of Teports or Piecomendations
Be ?orwaded to the Council of the City of -11ameda"
The motion to adopt said resolution was s conded by Councilman Sweeney and on
roll call carried by the following vote. Ayes: Councilmen Anderson, 5ranscheid,
Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. There-
upon the President declared said resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
43. "Ordinance No. 1049,
New Series
An Ordinance Vacating Sewer Easements in Certain Lands
And Auth,rizing Execution of W,ultclain Deed to Alaska
Packers Association."
Councilman Dranscheid moved the ordinance be adopted as read. The motion was
seconded by Councilman Anderson and on'roll call carried by the following vote.
Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney a'd Fresident Osborn (5).
Noes : None. Absent: None.
44. "Ordinance No. 1050,
New Series
An Ordinance Vacating Sewer -Easements in Certain Lands
And Authorizing Execution of (,,,uitclain Deed to Stokely
Foods, Inc."
Councilman Anderson moved the ordinance be adopted as read. 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: one
45. "Ordinance No. 1051
New Series
Amending Article 6, Chapter 2, Title V, of the Alameda
Municipal Code by Adding The-et° a New Section to be
Numbered 5-264.1, relating to Sidewalk Obstructions."
Councilman Anderson moved the ordinance be adopted as read. The motion 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.
46. "Ordinance No. 1052,
New Series
Amending Article 7, Chapter 1, Title V, of the Alameda
Municipal Code by Adding Thereto New Sections to be
NuMbered 5-171.1, 5-171.2, 5-171.3 and 5-171.4,
elating to the Use of Sidewalks for the Sale of
Merchandise."
Upon the request of Councilman Jones, President Osborn asked the City Attorney to
explain the situation with regard to the last two ordinances. Ir. ark stated
he had made a study of the ordinances �i subject in the surrounding com-
munities to determine just '::hat they had done in the matter of regulating
obstruction of sidewalks. He pointed out that in all cases there is a section
creating exceptions to Ihe prohibition of sidewalk use. Er. jiark remarked that
all of these ordinances in neighboring cities are of rather recent adoption -
the cities having core to realize that by allowing these obstructions ]egally,
they are protecting themselves In the ratter of -liability in cane of accidents
or damage.
He explained in detail the provisions of the local ordinances proposed to be adopted
Ho pointed out the application •would have to be made in writing to the City Council
and permission would be granted by the City council. The regulations were to be
Prepared by the City Manager*
Er. 011ie ioss inquired further about
the insurance. "'resident Osborn emphasized
that anybody operating a newsstand or any other business, must carry insurance for
proper protection.
Councilman Sweeney moved the ordinance be adopted as r-ad. The motion was seconded
by Councilnsian Jones and on roll call ca ried by the following vote. Ayes: Council-
men Anderson, f3ranscheid, Jones, Sweeney and President Osborn, (5). Noes: none.
Absent: None.
47. "Ordinance No. 1053
New Series
An Ordinance Authorizing the Acquisition of Certain
Real Property for Street and Highway Purposes."
Councilman Anderson move3 the ordinance be adopted a,- read. The motion was seconded
by Councilman Sweeney and on roll ca 1 carrier' by the following vote. Ayes: Counc
men Anderson, 3ranscheid, Jones, Sweeney and President Osborn, (5). Noes: None.
Absent: None.
FILING:
48, Off-Street Parking Survey and -Report - January, 1952.
49. Auditor's Balance Sheet - Uonth of January, 1952.
50. Specifications - No. pa 2-52-2 - Project of interior Painting and Decorating
Health Center Building
51. Specifications - Nc. MS*2-51-1 - Furnishing 1 Latest Lodel Accounting Machine
52. Revocable Permit - 3etween United States of America and City - re Sewers in
a 2ortion of Land Comprising united States 1,aval Industrial
Reserve Shipyard.
53. Agreement - Between City and Central Pacific Railway Company and Southern
Pacific Company for Grant of Easement for Sewer 2urposes.
BILLS:
54. 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 the Council
at this meeting: General Departments, ?1_0,152.32: Gas Tax No, 2 Fund, c100.00:'
Engineering Department Deposlt ?und, 71,932.45; 1318 Court Street :recking Fund,
170.00; Street Denartment, 21,324.80; 1951 Sower 3onds Fund, ;45,966.32;
Gas Tax No. 2 Fund 4,765.17.
Councilman Sweeney moved the'bills'as itemized in the List of Claims filed with
the City Clerk on -ebru ry 5, 1952, and r-esented to che Council at this tine,
be allowed and paid. The motion was seconded by Councilran Branschoid and on
roll ca-1 carried by the following vote. Ayes: Councilmen Anderson, nranscheid,
Jones, Sweeney and by Osborn, (5). Noes: None. Absent:
55. At this time, President Osborn asked if there wore any further Oral Communi-
cations.
Mr, Gottstein stated he understood the matter of the suit against the Southern
Pacific Company for the removal of the tracks on Lincoln Avenue had been dropped.
Upon President Osborn's request, City Attorney. Clark rePorted that the Southern
Pacific Company had filed an answer. A Hearing had been set for December .7, 1951,
in this Council Chamber - but in the meantime, the Southern Pacific Ccnrany and
the Alameda Belt Line had arrived at a more or less tentative agreement. It was
the feeling of the special outside Counsel, employed by the City to handle this
matter, that it would be in order if the Hearing were continued for a reasonable
length of time to consummate the agreement. .Mr. Clark stated he had received
a letter froM'Mr. Matthews of the firm representing the City, that he had been
assured by Mr. Foulds bf the Southern Pacific Company .that the agreement between
the Alameda Belt Line and the Southern. Pacific COmpany-was practically Completed -
there being onIy'a few details to be ironed out - and that the-delay would . then
be rut to an. end. MT.. Clark said he felt that if this Is true, Mr. Matthews is
entirely correct - there would be a saving of tire, not to mention a saving of
money - in the settiement of the matter in this manner. He pointed out that
176
holding Hearings before the Interstate Commerce Commission would have been a long
drawn-out litigation. He said the report that the suit against the Southern
Pacific Company had been dropped was very erroneous, and pointed out that it can
be restored to the calendar at any time.
ADJOURNLENT:
56. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, February 19, 1952,
at 8:00 o'clock.
Respectfully submitted,