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1952-12-09 Regular CC Minutes296 ADJOURNED REGULAR MEETING OF THE COUNCIL OF THE ,CITY OF ALAMEDA HELD TUESDAY EVENING, DECEMBER -9, 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 November 18, 1952, were approved as transcribed.- WRITTEN COMMUNICATIONS: 2. From Alameda County Mosquito Abatement District, requesting the Council to appoint a City representative on its Board of Trustees for the remainder of the current term from November 21, 1952, to January 2, 1953, due to the resignation of Mr. Barron H. Maynard, former Alameda City Engineer. It was also requested that the Council appoint a City representative to the Board for the regular two - year term expiring January 2, 1955. The matter was referred to "Resolutions ". 3. vi From Christian M. Kraul and Thomas P. Wood, requesting the Council to take the necessary steps to abandon that portion of Clay Street extending from the northeasterly boundary of Post Street to the northwesterly boundary of the State Highway. President Osborn stated this matter is rather complicated and to more thoroughly understand just what is to be done it would be advisable for it to be referred to the City Manager. Councilman Jones moved the matter be referred to Mr. Froerer for investigation and report. The motion was seconded by Councilman Branscheid and unanimously carried. 4. //From Southern Pacific Company, submitting application for permission to construct, reconstruct, maintain and operate a spur track across Main Street at Atlantic Avenue. President Osborn stated this is another matter which has ramifications and owing to that fact, it would be advisable to hold any action this evening and ask the City Manager to give a report on the situation at the next meeting. Councilman Anderson made a motion to this effect, which was seconded by Councilman Jones and unanimously carried. 5. From John Joseph Kingston, Clerk of the County of Alameda, submitting certifi- cation of the vote cast in the November General Election on the City of Alameda Pension Ordinance, Proposition "K" as follows: Yes: 16,552. No: 5,489. The communication was ordered filed. 6 From R. E. Barrick, requesting the refund of ,$30.09, which he had erroneously paid for delinquent taxes on property known as 2242 San Jose Avenue, which he had sold sometime ago. The Clerk also read a memorandum of explanation from City Auditor Jost, verifying Mr. Barrick's statement, and stating the money was being held and could be refunded upon the return of the redemption receipt. Councilman Jones moved the sum of :30.09 be refunded to Mr. Barrick. 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. 7. d From J. R. Pierce Plumbing Co., requesting a refund of $5.00 paid for Plumbing Permit No. 6006, for a job to have been done on Lot No. 1 - 152 Island Road - the residence for which the permit was taken out has been indefinitely postponed. Councilman Sweeney moved the sum of $5.00 be refunded to this firm. 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. 8. / From Encinal Terminals, requesting the Council to consider this as its offer to lease a certain portion of land on Grand Street, north of the City Corporation Yard, formerly leased to Harbor Tug and Barge Company. The offer is for a period of thirty days, commencing immediately, with an option to be contained in said lease, granting Encinal Terminals the right to lease the land for an additional thirty days at the end of each thirty -day period until its plans have been completed to locate an industry on the property. The sum of 0_50. per month was stipulated as the rental. Councilman Jones moved the City Manager be authorized to enter into negotiations with Encinal Terminals whereby it will be permitted to lease the property at x150. per month for a period not to exceed ninety days; also that further provision be made for the mutual agreement between the City and Encinal Terminals that the lease could be extended. President Osborn suggested Councilman Jones amend his motion to grant Encinal Terminals a thirty -day option to lease, since an option can be handled in a much more satisfactory way. City Attorney Clark concurred, his idea being that if and when an option were exercised, it would be the more satisfactory way of taking care of the situation. Councilman Jones expressed his willingness to amend his motion that an option to lease be granted as stated. 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. ORAL COMMUNICATIONS: 9. Mr. Frank Gottstein again brought up the problem of the congested traffic backing up into the Posey Tube from 7th and Harrison Streets in Oakland, pointing up the fact that Sixth Street is a one -way street westerly and therefore cars cannot make a right hand turn out of the tube and get away. He said the traffic coming from the freeway now blocks the traffic coming out of the Tube. He also mentioned the fact that the Oakland Policemen forget to remove the "No Left Turn" signs which are at many of the intersections and traffic has to go up to 10th Street before being able to turn west. He deplored the lack of action on the part of Oakland to remedy the several bad conditions, and felt the Alameda Council should follow up on the matter and send a letter of complaint to Oakland Council. There was a lengthy discussion concerning the several phases of the situation. City Manager Froerer reported that more than two weeks ago he had visited Mr. Hassler, City Manager of Oakland and had also talked with John Marr, Planning Engineer, the Captain of the Traffic Division and J. Czizk, Traffic Engineer, and he had been assured that the barricade across 6th Street would be removed. Mr. Gottstein also said that traffic is further congested at times by motorists running out of gas in the Tube and he had suggested that one or two -quart containers of gasoline could be kept by the Officers in the Tube for such emergencies, which he felt would help keep the Tube clear. President Osborn suggested the City Manager take this matter up with Mr. Boggs, County Surveyor. President Osborn agreed there are a great many things that could and should be done with regard to the traffic situation, but the problem is to get the proper men in authority to take action. Councilman Anderson stated it was three weeks ago that Mr. Gottstein had made these same suggestions and he felt the proper solution is to write a letter or pass a resolution to get some action from the Oakland City Council. President Osborn pointed out that Mr. Froerer had reported that he had been given assurance the matter would be remedied. Mr. Froerer said, if it is the pleasure of the Councilu he would be happy indeed to address a letter to the City Officials of Oakland. In response to Councilman Anderson's inquiry, the City Manager said his request had been made three weeks ago this coming Friday. President Osborn stated he, personally, would be glad to write a letter to the Mayor of Oakland. Councilman Anderson stated the matter should be pursued if immediate results are not forthcoming. Councilman Sweeney stated that, at the last Council meeting, he had expressed the desire to attend the meeting to be arranged by Mr. Froerer with the City Manager of Oakland and others, but had heard nothing further about it. President Osborn ex- plained there was to have been a meeting, but when Mr. Froerer told him that Mr. Hassler had assured him the matter would be taken care of the meeting had not been held. Councilman Sweeney stated he would like to be at any future meeting with Mr. Hassler and would be glad to go with Mr. Froerer or Mr. Gottstein to find out just what is going on. President Osborn asked the City Manager to arrange for a meeting in case the problem is not solved without one being held - and to let him know when it would be. 10./ Mr. Walter Maclean addressed the Council, inquiring what progress is being made on the purchase of land for parking lots. President Osborn stated meetings have been hald with the Committee of the Junior Chamber of Commerce and consideration is being given the matter. He stated plans are being developed but as yet nothing is definite. Councilman Jones stated the Junior Chamber is going to take the matter up with the Senior Chamber and the matter is being pursued diligently and meetings are being held on the subject. Mr. Maclean stated he understood that all parking meter funds were to be used for the purchase of property to provide facilities for off - street parking. Councilman Jones stated the principal object in installing parking meters was to provide more parking space turnover. It was also agreed at that time that a portion of the money would be used for matters relating to traffic. He pointed out that some of the money has already been used in procuring. the City Hall parking lot, which was recently enlarged by the acquisition of another parcel of property. He emphasized they did not specifically earmark funds for that purpose, but that the City has used a substantial part of the meter funds for parking purposes. He stated he felt it should be explained that the City is doing whatever possible to relieve the parking situation. Mr. Maclean stated the parking time limits in the different zones have not been changed and therefore, parking has not speeded up. He said he thought that after maintenance costs, the money should be used for providing City facilities for parking. President Osborn stated Alameda is not alone in the use of parking meters and it has been found, without question, that their use expedites parking. He stated that Councilmen Anderson, Branscheid and he had just returned from attending a convention in Los Angeles, at which more time was spent on the question of parking than on any other subject relative to City Government. He pointed out that the City of Alameda is not in too serious a situation as far as parking is concerned. This City is a little different than some - having two main business districts. He said that in establishing a suitable off - street parking facility, the question is where it should be established so that it will service the greatest number of people. It is quite a complex problem and is being given quite a lot of thought. Councilman Anderson pointed out that in considering the parking problem, the City has invited private parking lot people to come in, but after making surveys and investigating the possibilities, they are not interested. He stated that when the City takes land, it goes off the tax roll and 50% of the land of the City is already off the tax roll and if the City were to provide free parking, one can well imagine the few people to pay for it. He said other communities have had their problem solved by private enterprise and merchants who pay for parking facilities. He pointed out it is a problem that has many ramifications, and emphasized that parking meter money was only to be revenue coming into the City and that money is a relief to the 50% who pay taxes. He stated Alameda is carrying a disproportionate load on its shoulders as a result of its having been selected as the spot for installations in defense of the United States. It was pointed out that the Alameda Chamber of Commerce and the merchants would be unanimous in their desire to keep parking meters. HEARINGS: 11.x/ The matter was presented concerning the request from Victor G. Flashman for the Amendment of Diagram and Assessment of certain parcels of the Bay Farm Island Sewer Assessment District, Project No. 1 (No. 18 -a - re Tract No. 1155) - into nine parcels to be numbered as follows: 17 -1 (M. E. Lee) and 12 -19; 12 -20; 12 -21; 12 -22; 12 -23; 12 -24; 12 -25 and 12 -5 (Victor G. Flashman). The Clerk stated the report of the Acting City Engineer on this matter was on file. Also, the Affidavit of Publication showing the Notice of Public Hearing had been published twice as. prescribed by law. No protests had been registered against the requested amendment. City Attorney Clark explained that the Engineer's report could be heard by the Council, but it was primarily for the information of the Auditor and Treasurer and in view of there being no protests the matter was merely one of form. Councilman Branscheid moved the request be granted and the Amendment of Diagram and Assessment of certain parcels of the Bay Farm Island Sewer Assessment District, Project No. 1 be allowed. The motion was seconded by Councilman Anderson and unanimously carried. 299 REPORTS OF COMMITTEES: 12.1/Prom the Mayor, City Manager and City Auditor, submitting their report on the Count of Money, held November 25 - showing the sum of $440, 683.45 in cash in the City Treasury. Councilman Jones moved the report be accepted and filed. The motion was seconded by Councilman. Sweeney and unanimously carried. 13. From the City Manager, recommending contract be awarded to L. N. Curtis and Sons for furnishing three "Federal", Model 5, Vertical Air Raid Sirens at the low bid price of $1,359.60. Councilman Anderson moved the recommendation of the City Manager be approved; that contract be awarded to the specified firm for furnishing this equipment at the price quoted, and the bid checks be returned to the unsuccessful bidders. 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. 14. VFrom the City Manager, recommending contract be awarded to Garland Chevrolet Company, the only bidder, for furnishing one one-half ton Pickup Truck to the Golf Department at the bid price of $1,341.32. Councilman Sweeney moved the City Manager's recommendation be adopted; that contract be awarded to this company for furnishing the truck designated. 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. 15./From the City Manager, reporting the work of Gallagher and Burk, Inc. on the reconstruction of Post Street, from Washington to Madison Streets, has been satis- factorily finished, and recommending that it be accepted and the Notice of Completion be filed. Councilman Branscheid moved the City Manager's report and recommendation be approved; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Sweeney and unanimously carried. 16./From the City Manager, reporting the work of Carl H. Decker on the Police Depart- ment Alterations and Painting has been satisfactorily finished, and recommending that it be accepted and the Notice of Completion be ordered filed. Councilman Branscheid moved the City Manager's report and recommendation be adopted; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Sweeney and unanimously carried. 17./From the City Planning Board, recommending that the two adjoining lots known as 2914 and 2910 Encinal Avenue be reclassified from the "A" One-Family Dwelling District to the "B" Two-to-Four Family Dwelling District - for the purpose of constructing a Church. The matter was referred to "Introduction of Ordinances". 18. 4rom the City Planning Board, recommending that two adjoining lots situated on the southwest corner of Encinal Avenue and Sherman Street be reclassified from the "A" One-Family Dwelling District to the "B" Two-to-Four Family Dwelling District - for the purpose of erecting three four-unit apartment houses. The matter was referred to "Introduction of Ordinances". INTRODUCTION OF ORDINANCES: 19. 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 Section 7-1112 of Title VII, Chapter I, Article I of the Alameda Municipal Code Relating to Motor Vehicle Liability Policies." Upon Councilman Jones' inquiry, President Osborn explained that this ordinance will increase the amounts of liability insurance which it will be necessary for people to carry who are engaged in the taxicab business. 20.V Councilman Sweeney introduced the following ordinance, after which it was laid over under provision of law and the Charter: 3U0 "Ordinance No. New Series An Ordinance Reclassifying Property by Adding Section 70 to Ordinance No. 725, New Series." (Two lots known as 2914. and 2910 Encinal Avenue) 21. 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 Reclassifying Property by Adding Section 71 to Ordinance No. 725, New Series. (Two lots situated on the southwest corner of Encinal Avenue and Sherman Street) NEW BUSINESS: 22. /Councilman Branscheid inquired if there has been any progress made in the suit, concerning the construction of new approaches to the existing Bay Bridge. City Manager Froerer stated the matter is pending before the State Supreme Court for its determination as to whether or not the Toll Bridge Authority has within its power the right to issue bridge bonds. He stated no decision has been rendered by the Supreme Court to date. City Attorney Clark explained the primary question is whether or not the Toll Bridge Authority has the right to issue bonds at all - if so, it will go into the matter of the whole bridge approach. He said the decision should be forthcoming on the initial question within thirty days. 23. Councilman Branscheid asked what progress is being made with regard to Lincoln Avenue. Mr. Froerer answered that the City has about accomplished the matter of appraisement of properties along the rights of way and the estimates of cost for the restoration of the street where the tracks will be removed. He said the City will then be in a position to open negotiations with the Southern Pacific Company to attempt to come to terms within the next week or ten days. 24../'Councilman Branscheid asked if anything at all is being done at the present time about the replacement of the Fruitvale Avenue Bridge. He stated he was very concerned about the condition of the Bridge and wondered whether or not the Council should take the initiative. The City Manager stated he has made it a point to call the District Engineer every month for the past eighteen months. Just recently he had called and had been in- formed by the executive officer that the matter is still pending in the Engineer's Office; that a request had been made for funds for investigations and preparation of reports but those funds had been denied. President Osborn called upon Councilman Anderson to report on what had happened in Washington about a year ago when they had held a discussion with an official there on the subject. Councilman Anderson stated the discussion brought forth two pertinent factors - one was the question of the real necessity for approaches over said bridge for merchandise and industry. He said the Government had built the bridge for Southern Pacific Company for movement of trains. The other point was that it takes about seven years to get the bridge finished and all the effort which has been made by the City and County of Alameda and what has been accomplished to date is equivalent to about two years. He pointed out there was not enough money in the Public Works Department to pursue the work any further at that time. Councilman Sweeney stated he strongly felt the City should exert some pressure on our representatives in Washington. Councilman Jones said he thought Congressman Miller should be contacted. Mr. Froerer suggested it would have more weight if the Cityts colleagues - the City of Oakland, County of Alameda and the Port of Oakland - were asked to give their support. He said it would be far more effective if the attack were made jointly. President Osborn stated it would be very worthwhile if Mr. Froerer would start agitation with those mentioned and get the matter rolling again. He suggested that resolutions could be passed by the Board of Directors of the Chambers of Commerce of Alameda and Oakland. He felt whatever pressure could be brought to bear on the subject would be helpful. 903 In response to Mr. Gottstein's suggestion that Senator Knowland would have more influence than Congressman Miller, President Osborn pointed out that Congressman Miller is the City Representative and any appropriation of funds would start in the House of Representatives. 25. /At this point, Councilman Sweeney brought up the subject of low- flying planes. He said some of them are "hedge- hopping" over the east end of. the City and he was fearful that Alameda would have a tragedy similar to those which occurred in New Jersey. He thought the Council should go on record and put in a complaint about low - flying planes. He felt a letter should be written to the Civil Aeronautics Administration in strong protest against the menacing situation. Councilman Jones recalled that the matter had come up once before and the Civil Aeronautics Administration had advised the City that the minimum flight elevation is 1,000 feet. Mr. Froerer concurred in this statement and offered the suggestion that even in spite of the regulations of the Civil Aeronautics Administration, if there appears to be a hazard, a communication should be addressed not only to that Body but to the Port of Oakland. Councilman Sweeney moved the City Manager write a letter of protest to the Civil Aeronautics Administration and to the Port of Oakland. The motion was seconded by Councilman Jones and unanimously carried. RESOLUTIONS: 26. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4683 Fixing Time of Payment of Salaries and Compensation." 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. 27. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4684 Adopting Specifications for Furnishing to the City of Alameda Three (3) Frequency Modulated Mobile Radio Units in 152 -162 M. C. Band, Calling for Bids and Directing City Clerk to Advertise Same." 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. 28. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4685 Designating the City Attorney as Alternate Member of the East Bay Public Utility Committee." 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. 29. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4686 Appointing City of Alameda Representative on Board of Trustees of the Alameda County Mosquito Abatement District." (Mark J. Hanna) The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Bransche?id, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 302 30. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4687 Accepting Deed from Alice P. Noble, Formerly Alice P. Caton, of Real Property Along Fillmore Street Between Fountain and High Streets, and Consenting to the Recordation Thereof." 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. 31. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4688 Memorializing the Federal Government in the Matter of Temporary War Housing." 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. Upon Councilman Jones' request, President Osborn explained that this is the exact resolution which he had presented to the Resolutions Committee of the American Municipal Association with regard to this subject. He pointed out it affects the cities of Alameda, Richmond, Long Beach, San Luis Obispo and many others throughout the United States.,which have war housing. He presented facts concerning the amount of money spent by cities for services in this connection and the amount of money received from the Government for In Lieu Taxes, pointing up the great discrepancy. He further stated that there had been no objections and the Committee had expedited the motion and the resolution was adopted unanimously by the Association. He pointed out that by taking such action it assured the City of support in securing Federal heldp. 32. "Resolution No. Reaffirming Support of Any Feasible Program That Will Provide Adequate Relief from Transbay Traffic Congestion." Councilman Jones requested the resolution be read in full, which was done. President Osborn stated the resolution is similar to that adopted by the Oakland Council and endorses the program of building two Bay Crossings simultaneously. Councilmen Branscheid and Jones agreed they did not want to go on record as approving the idea of building two new bridges simultaneously, but are favorable to the principle of investigating and studying the possibility of constructing both bridges. There was considerable discussion of the actual language of the resolution and the City Attorney suggested the Council lay=the matter over to the next meeting and in the meantime, he would redraft the resolution. Councilman Branscheid moved the resolution be laid on the table. The motion was seconded by Councilman Sweeney and unanimously carried. ORDINANCES FOR PASSAGE: 33. "Ordinance No. 1075 New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (43) to Section 17 -432 Thereof, Relating to Stop Intersection. (Schiller Street and Clement Avenue). Councilman Jones 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. FILING: 34. Financial Statement - Middleton, Suman & Hackleman - Bureau of Electricity, as at October 31, 1952. 35. Specifications - No. MS 12 -52 -18 - For furnishing 3 Three - Frequency Modulated Mobile Radio Units in 152 -162 M. C. Band - Police Department. BILLS: 36. 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, 2.4,012.39; Police Department, 018.04; Fire Department, $13.08; Health Department, 142.00; Traffic Safety Fund, $10,804.63; 1951 Bond Issue Sewer Fund, $39,367.58; Capital Outlays Fund, 12,924.09; Special Gas.Tax Street Improvement Fund, X10,894.14. Councilman Sweeney moved the bills as itemized in the List of Claims filed with the City Clerk on December 9, 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. ADJOURNMENT: 37. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, December 16, 1952, at 8:00 o'clock. Respectfully submitted,