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1952-08-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF TEE CITY OF ALAMEDA HELD TUESDAY EVENING, AUGUST 5, - - - 1952 The meeting convened at 8:00 o'clock P. M. with President Osborn presiding. ROLL CALL: The roll was called and Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5) were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held July 15, 1952, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. 'From Jack Peters, President of the Alameda Community Council, submitting the approval of his organization of the aims and objectives outlined in the Report on Recreation for the City of Alameda and offering its help to implement the program In any way. President Osborn stated the Council is happy to receive this letter and notes that the Alameda Community Council is ready to help in obtaining certain objectives. He thereupon ordered the communication filed. 3, From George C. England, Mayor of the City of Inglewood, submitting a reso- lution in opposition to the proposal of the County Supervisors' Association to provide a statewide 45 sales tax. The resolution was read in full, setting forth that City's objections in detail to the proposed increase in this tax. President Osborn stated it is the Council's understanding that this matter is to come before the Convention of the League of California Cities, which is to be held in San Diego in October. He said it will be given consideration at that time and without question there will be a conclusion reached by that Convention. He felt that under those circumstances, it would not be advisable at this time for the City of Alameda to place itself on record one way or the other until it is learned what the consensus is of the _Teague of California Cities, which represents all cities in the State. He stated that, with this-thought in mind, he would answer Mayor England's letter, if that action meets with the approval of the Council. Councilman Jones moved President Osborn acknowledge this communication accordingly. The motion was seconded by Councilman Sweeney and unanimously carried. ORAL COMMUNICATIONS: 4.%,./Mr, Frank Gottstein spoke of the hazards of the Posey Tube, due to traffic abuses. He mentioned drunken drivers and speeding motorcycles in particular and reiterated his thought that guards should be posted at each end of the Tube, especially at peak hours, to catch these violators of the law, before they cause some really serious accident. President Osborn pointed out the matter has been taken up with the County and since no action on its part seems to be forthcoming, there is nothing further that can be done. He inquired if the Council thought it would be advisable to again communicate with the County Board of Supervisors on this subject. Councilman Jones pointed out that while it is unfortunate that spectacular accidents do occur from time to time, still the rate is very low considering the extent of the traffic. Upon inquiry, City Manager Froerer stated the reply from the County on the matter was substantially to acknowledge receipt of the letter and explain the policing situation of the Tube and to cite the fact that the accident rate in the Tube is very low indeed. He mentioned also that the City had asked the National Safety Council for suggestions as to patrolling and what measures could be taken to eliminate hazards. He said its report verified the action that probably should be taken - to have more guards, as sur7;esbad by Nr. Gottstein. President Osborn again pointed out that the City has given consideration to this situation and suggested that Mr. Gottstein himself write to the Board of Super- visors and the Safety Council. He agreed that the criticism is warranted because conditions are not what the Council would like to have. REPORTS OF COMMITTEES: 5. /From the City Manager, requesting authorization to dispose of certain old and obsolete materials from the Golf Course and now stored at the Corporation Yard and at the Plumbing Shop. Councilman Branscheid moved the City Manager's request be granted and he be authorized to sell the items as listed. The motion was seconded by Councilman Sweeney and unanimously carried. 6. From the City Manager, reporting all work, in connection with the realignment of Central Avenue and Fourth Street has been satisfactorily completed and recom- mending the Notice of Completion be ordered filed. Councilman Anderson moved the City Manager's recommendation be followed; that the work of this project be accepted and the Notice of Completion be filed. 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. 7.v//From the City Manager, submitting the Tentative Budget for the fiscal year 1952-1953, for the Council consideration, as provided by the City Charter. esident Osborn stated this is merely the Tentative Budget and will be studied by the Council. 3.f From the City Manager, recommending Cecelia Robinson, Policewoman, be permitted to attend the annual convention of the Women Peace Officers Association of California, to be held in Long Beach, California, August 12, through 16, 1952, and 105. be appropriated for this purpose. Councilman Anderson moved the City Manager's recommendation be adopted; that Policewoman Robinson be authorized to attend the designatedctoonvention and 105. be allowed for her expenses. 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, 9. From the City Manager, reporting all work in connection with the alterations of the Golf Course Club House Coffee Shop has been satisfactorily completed and recommending the Notice of Completion be filed. The motion was seconded by Councilman Anderson and unanimously carried. INTRODUCTION OF ORDINANCES: 10. Councilman Sweeney introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (4) to Section 17-341, Relating to One-Hour Parking." 11. Councilman Jones introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Ordinance No, 673, N. S. Entitled 'An Ordinance Establishing a Retirement Pension and Insurance System for Officers and Employees of the City of Alameda', by Amending Subdivisions (a) and (b) of Section 13 Thereof." Councilman Jones stated this ordinance applies to employees of the City of Alameda, other than Police and Tiremen - and clarifies the language of the present ordinance to give the ernployees the privilege of electing how he will take his pension. NEV 1 BUSINESS: 12./Councilman Branscheid stated he would like to go into the matter of the recreation program of the City. He stated the Council has given much tire and thought to this program. He said it has come to his attention that presumably he is opposed to public improvements and he wishes to correct this impression. He pointed out he has always Celt the responsibility of the Council was to take care of the affairs of the community, but when it comes to recreation, it should be passed on by the people of the City. This thought also includes any ideas along the lines of an auditorium, swimming pools, Vlashington Park improvement and any other enterprises which would definitely benefit the City if enacted. He emphasized that he stands on the ground that the people should be given the opportunity to pass on these. In order to clarify his position he would move that the proposition of public swimming pools be put on the ballot for the November Election, Councilman Jones stated he was in sympathy with Councilman Branscheid motion and would, therefore, second it, but he felt this action was premature. He said he thought the Council should study the reports first and that, as yet, there was not enough information available. He wondered why the motion was made at this point. 251 Councilman Branscheid stated he wanted to clarify his point. He said he had purposely left out details and believed matters of this kind should go on the ballot. City Attorney Clark suggested the motion might properly be amended to provide that the City Attorney prepare the necessary documents to present the proposition for a vote at the coming election. He stated, further, that in a recent consul- tation with the County Clerk, he was advised that the County is going to be very reluctant about putting propositions on the ballot because it is having great difficulty in getting workers for the precinct polls. Councilman Branscheid stated that if that is the proper procedure, he would be willing to amend his motion accordingly. Councilman Jones stated he would amend his second. Councilman Sweeney asked if this pertained to the matter of swimming pools. Councilman Branscheid explained he was merely pointing out that he wanted to give the people an opr>ortunity at any time to vote on any proposition. President Osborn stated he was heartily in favor of the motion but he thought they would have to know what plan for swimming pools was to be presented to the People. He pointed out that there have been propositions brought before the Council for swimming pools, but as yet, as far as he can determine, they are not standard swimming pools because they would be restricted in size and use. Since swimming pools are for the benefit of the public, the Council should arrive at a decision as to just what type of program is to be presented to the people. The City Attorney stated that first of all, the size of the bond issue would have to be determined before the proposition was ready to go on the ballot. He suggested it might be well for Councilman Branscheid to confine his recommendation to the Council that it put the matter on the ballot. President Osborn expressed the opinion that if there is to be a swimming pool in Alameda, the matter will be submitted to the people in a referendum. Councilman Jones withdrew his second in order to allow Councilman Branscheid to withdraw his motion and restate it. Councilman Branscheid thereupon moved the Council go on record as favoring putting the proposition of public swimming pools on the ballot in November, to be financed by a bond issue. Councilman Jones seconded the motion. Councilman Anderson stated that tonight the Council is going to meet with the Board of Education and the Swimming Pool Cormittee and this action of the Council is probably a bit premature. He stated he felt it is possible to have swimming pools without assuming the burden of a bond iscue. He pointed out that the citizens might vote for the proposition of having swimming pools, but as far as this parti- cular motion is concerned he thought the people should have the right to say whether or not they want to pay the interest on bond issue money to be used. Councilman Branscheid stated he definitely designated a bond issue because he was definitely opposed to taking money from the treasury. He said the funds referred to are Capital Cutlays Funds which are to take care of substantial improvements on Lincoln Avenue and at the Corporation Yard and the attempt to raid City funds is what he objects to. Councilman Sweeney stated that, from what he can understand through a cursory reading of the reports on this subject, he cannot see how the money can be taken from the Capital Outlays Fund because there is just not enough funds available. He stated he approved the idea of handling the matter hy a bond issue. He quoted certain estimates of plans submitted and stated that, as far as swimming pools are concerned, he is for them 100, but reiterated that there is just not that much money there. Councilman Anderson answered Councilman Sweeney by stating that very serious consideration has been given this matter by citizens of Alameda and the figures submitted on the plans run from 1O. to ;,15. per square foot, but from information gathered from competent sources on the outside, swimming pools can be built for about 3. per square foot. He pointed out that all details were to be discussed at the meeting later. He said that to take action here before discussing the situation with the committee ties their hands before giving them the courtesy of attention to the interested groups. He pointed out he was interested only in seeing this improvement accomplished for the benefit of the community and to vote on having to assume a bond issue to get swimming in Alameda he felt was definitely a premature step at this time. Councilman Jones stated he thought the background of Councilman Bran cheid's motion was merely to place the Council on record as favoring this enterprise. He agreed with Councilman Branscheid that possibly a different approach to the situation is in order and if anyone feels the Council is not working together, this motionwill clarify the Council's position. The question was then put and the motion carried by the following vote. Ayes: Councilmen Branscheid, Jones and. President 0:born, (3). Noes: Councilmen Anderson and Sweeney, (2). Absent: None, President Osborn stated he is of the firm conviction that if swimming pools are to be built in the City of Alameda they will be a permanent addition which Will be used for many years to come and he believed perpetual improvements of this kind in the City should be paid for by the people who will use them over the years. He felt the only way to accomplish this is by a bond issue and the taxpayers of today should not be taxed for improvements which will benefit those of the future as well. Councilman Anderson explained that he has no objection to the matter being referred to the people for a vote, but as long as this motion includes the necessity of a bond issue, he had voted "no". Councilman Sweeriey stated the discussion has brought out a point which leads him to believe the swimming pools can be financed without going into the Capital Outlays Fund or a bond issue and therefore, he, too, had voted "no". Councilman Branscheid stated he was not pointing the finger only at swimming pools, but to all public improvements - and if there are a sufficient number of people in Alameda who indicate they want to go ahead with public improvements, he would be willing to make a motion to put any proposition on the ballot for a vote of the people. President Osborn agreed with this opinion, also mentioning that he would like to see an entire street lighting system for the City and a City Hall which would adequately serve the needs of the City. Councilman Sweeney stated he felt this was the consensus of all of the Councilmen, whether it be for recreational purposes or otherwise. RE OLUTIONS: 13. The following resolution was Introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4642 Accepting Grant of Easement from Elmer W. Gilbertsen and Ella O. Gilbertson, His Wife, for Sewer Purposes and Consenting to the Recordation Thereof." The motion to adopt said resolution 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. There- upon the President declared said resolution duly adopted and passed. 14. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4643 Accepting Grant of Easement from United States of America Public Housing Administration), for Sewer Purposes, and Consenting to the Recordation Thereof." The motion to adopt said resolution was seconded by Councilman Anderson 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. 15. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4644 Adopting SpecificatiOns, Special Provisions and Plans for the Reconstruction of Post Street from Washington Street to bladison Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4645 Appointing Commissioners of the Housing Authority Of the City of Alameda." (T. A. Greig and George B. Johnson) 53 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. President Osborn stated the City of Alameda is most fortunate in having the acceptance of Messrs. Greig and Johnson as members of this commission. They have served the City for many yeo.rs and their services are most valuable. 17. The following resolution was introduced by Councilman Jones, who moved adoption: "Resolution No. 4646 Authorizing the Executive Committee of the Joint Investigation of Key System Transit Lines, Railway Equipment and Realty Company, Ltd., and Related Companies, on Behalf of the City of Alameda, to Take Such Action as Shall be Necessary in Order That Decision No. 47432 of the Public Utilities Commission of the State of California May be Reviewed by the Supreme Court of the State of California." 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. There- upon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced. by Councilman Sweeney, who moved its adoption: "Resolution No. 4647 Accepting Deed from George T. Hansen and Elaine B. Hansen, His Wife, of Two 1-Foot Strips of Land at Southeasterly End of Central Avenue and South- westerly End of Hansen. Avenue, and Consenting to Recordation Thereof." 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. There- upon the President declared said resolution duly adopted and passed. 19. The following resolution was Introduced by Councilman Anderson, who moved its adoption: R olution No. 4648 Approving Final Map of Subdivision Known as Tract No. 1085, Submitted by Central Avenue Land De- velopment Co., a Copartnership." 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. There- upon the President declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No, 4649 Adopting Specifications, Special Provisions and Plans for the Construction of Sanitary and Storm Sewers in Order to Connect Alameda's Sewer System to East nay Municipal Utility District Sanitary Interceptor - Unit IV." 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. There- upon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 21. "Ordinance No. 1062, New Series An Ordinance Amending the Alameda Municipal Code by Amending Subdivision 01) of Section 17-431, Relating to Through Highways." 254 Councilman Sweeney 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: None. 22. "Ordinance No. 1063 New Series An Ordinance Amending Ordinance No, 1057, New Series, Entitled 'An Ordinance Authorizing the Execution of a Lease of Certain Real Property to Alameda Boys Club, Inc., and Approving the Form and Terms of Said Lease." Councilman Anderson moved the ordinance be adopted as read. 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, FILING: 23. Grant of Easement - From Elmer V. and Ella C. Gilbertsen. 24. Grant of Easement - From United States of America (Public Housing Administratio 25. Deed - From George T. and Elaine B. Hansen - Two 1-Foot Strips of land at end of Central Avenue and of Hansen Avenue. 26. Report of Audit of City of Alameda Municipal =Employees' Retirement System Middleton, Suman & Hackleman - Fiscal Year Ending June 30, 1952. 27, Auditor's Fund Balance Sheet - Month ending July 31, 1952. 28. Financial Reports - Middleton, Suman & Hackleman - Department of Public Utilities - Fiscal Year ending June 30, 1952, and for Month of June, 1952, 29. Specifications - No. PV 8-52-12 - Project of Reconstruction of Post Street from Washington to Madison Streets. 30. Specifications - No. PW 8-52-13 - Project of Construction of Sanitary and Storm Sewers to Connect Alameda's Sewer System to East Bay Municipal Utility District Sanitary Interceptor - Unit IV. BILLS: 31. 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 City Council at this meeting: General Departments, ,':,;2,142.01; Police Department, 38.25; Store Department, r;4 O.; Engineerinn Department Deposit Fund: 209 13. , Special Gas Tax Street Improvement Fund, f31,840.54; 1951 Bond Issue Ci Sewers, c'-66,884.30. Councilman Sweeney moved the bills as itemized in the List of Claims filed with the City Clerk on. August 5, 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, 32. At this point, President Osborn stated it has come to his attention that a man who has been very prominent and active in City affairs is now very ill and he extended thesympathy and best wishes of the Council to him for a speedy and complete recovery. 33./President Osborn inquired if there were any further Oral Communications, Mr, Herbert Holm addressed the Council with regard to his application and sub- sequent rejection for City service. He stated he had appeared before the Civil Service Board to appeal the ruling of Dr. Brady that he was not physically fit - and the Board had stated it could do absolutely nothing about the situation after Dr. Brady had rejected him because of physical disabilities. Mr. Holm stated the Council can do something - suggesting that if it is up to the City a.1:61,:crr to investigate matters, the Council should direct him to do so in this a. President Osborn called upon City Attorney Clark to give his opinion. Mr. Clark quoted from Sections of the City Charter, which delegates to the Civil Service Board the power and duty to administer the Civil Service System of the City, and of the Civil Service 0rdinanco which Provides that the decision of the Civil Service Board on all appeals shall be final, conclusive and not subject to review. He pointed out, therefore, that he Council, under those provisions is without right or authority in this care, and has absolutely no authority to inter- vene in anyway in any case of this kind and has no right to review a matter. There was some further discussion, Mr. Holm suggesting the ordinance he amended. The City Attorney pointed out that some 900 people have been examined by Dr. Brady as applicants for City service and this is the first case where any appeal has been made. Councilman Sweeney emphasized that the City Attorney has ruled that the Council cannot act on an appeal and therefore, there is nothing that can be done. dent Osborn concurred in this opinion and declared the matter closed, 34. At this tire President Osborn welcomed the members of the School Department who were present. ADJ'URMTENT: 35. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session. on Tuesday evening, August 19, 1952, at 8:00 ovciock. Respectfully submit, d, 255