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1951-03-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY CF ALAMEDA HELD TUESDAY EVENING, MARCH 6, 1951 The meeting convened at 800 o'clock P. Y. with Lresident Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and Presi- dent Branscheid, (5), were noted present. Absent:. None.. MINUTES: 1. The minutes of the regular meeting held February 20, 1951, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From the Alameda Chamber of Commerce, transmitting its Resolution No. 5012, endorsing the housing and yacht harbor projects to be developed by the Congress Construction Corporation in the west end of the City. President Branscheid ordered the communication filed with the comment that the matter will be fully considered if and when, a formal request for rezoning is presented. From -,Thultvale Local No. 1473, united Brotherhood of Carpenters and Jo'ners of America, transmitting its Resolution dealing with the natter of employment in the construction of Public -forks Projects. President Branscheid pointed out that the Code provisions are substantially the same as those outlined in the Resolution from the Union. He requested the Clerk to acknowledge the communication and then ordered it filed_. 4. From the Pupils of the Fifth Grade, Franklin School, inviting the Council to particinate in the Arbor Day Exercises at Franklin. Park on March. 7. President Branscheid informed the Council these exercises would take place in Franklin Park at 200 o'clock on March 7 - a very interesting program .. had been arranged and he invited all to be present. He stated that MT. Ernest Higgins had procured one of the famous "Dawn" Redwood trees which would be planted in Franklin Park. He requested the clerk_to ac- knowledge the letter and then ordered it filed. ... 5. From Messrs. A. Stauber, Donald. C. and Merris V. Simonsen, and Archie F. and MTS. Ella M. Waterbury, requesting the division ofeDlagram and. Assessment No. 91-1 of the -Bay Farm. island Sewer Assessment District, Project No. 1, into seven parcels to be numbered as follows: 91-9, 91-8, 91-7, 9l-6, cl--B 91-4 and 91-3. This matter was referred to the City Engineer for his study and report. ORAL COMM1JTT0ATTONS: MT. Frank Gottstein wanted to know about the removal of the tracks on Lincoln. Avenue. President -Bransche'd stated that the City Attorney had filed with the Council a written report on this matter and requested the Clerk to rood It at this time. The communication having been read, President Branscheid stated that the Council is now awaiting the termination of negotiations between the Southern Pacific Company and the Alameda Belt Line before proceeding further. Mr. Gottstein argued that this is simply a delaying action on the part of the Sou- thern Pacific Company and suggested that something be done about taking it ur with the Fublic rtilities Comnission or that some steps be taken toward the revocation of spur track perrits, with the idea that the Belt line might be able to take over such permits as are now held by the Southern L'acific Company. Councilman Sweeney Pointed out to Th. 7.rottstein that be had made a suggestion at the last meeting relative to the possibility of levying a charge against the Sou- thern FacIfic Cm-many for the use of Lincoln Avenue. He stated this matter is being thoroughly investigated by the City Attorney and will be re7orted on shortly. Councilman Jones stated that inasmuch as tbo City Attorney will probably have a further report on the natter of the naymert of charges, or fees, thee.° would be no Particular point in go'ng ahead with exPensive rroceedings if they can be avoided. He pointed out, further, that a wait of a few days night result in the saving of much tine in the future. 7. Er. C. C. Howard addressed. the Council with the request for information as to what progress is being made for a clearing up of the southshore sewer, stating that it is practically stopped un and the sewer on his property is stopped up half the time President Branscheid called on the City Engineer to answer Mr. Howard's question. Yr. Maynard stated there is no raw sewa7e going through this sewer into the Fay. He stated, however, that storm drains will introduce raw sewage into the Bay and to his knowledge there has been no recent stoppage of sanitary sewers along the southshore. He stated the City is having difficulty with some of the sanitary sewers, which is net occasioned by the southshore lines. He stated the East Bay Municipal Utility District has severed some of the City sewers in connection with Its work on Buena Vista Avenue and as a result of that there has been some trouble with the sewers in Mr. Howard's locality. City 7anaer Froerer stated he would like to suPplement Jr. Faynard's statement inas- much as Ir. Faynard was not entirely familiar with sewer conditions as described by Ur. Tloward. ;tr. roerer stated the principal cause of the condition complained of is due to the infiltration of sand through the joints along the line and that there is a proposed remedy included in the bond issue which will be voted on March 13 - this remedy being a line along Eighth Street which will pick un the sewage along Tortola T)rive line. He stated this line will be connected into the interceptor lino now' being constructed. President Branscheid observed that there is no question. but that the City is having sewer trouble, but stated that if the bond issue is carried, it will bring about a separation of the storm and sanitary sewers and will eliminate most of the trouble. He urged all present to support the bond issue for the welfare of the City. 1-D-TA11TN-",S• O. The natter was called up with regard to the Amendment of Diagram and Assess'nent of Parcel 70-, owned by John 1 . and Hranoes M. uard - and Parcel 70-2, owned by Leis V. :lord, of tho Bay Farm Island Sever Assessment District, Project Ho. 1. It was requested that these parcels be divided into six lot and three lots, respectively, - to be nunbered 73-1, 73-2, 73-3, 73-4, 73-5 and 73-6 - and 69-2, 69-3 and 69-4. The Affidavit of Publication of the :1- tice of Hearing was read by the Clerk and then ordered filed. There were no objections to the granting of the Application for the division of the designated parcels. Council-an Anderson -oved the amendment and division of these Parcels be made as requested by the owners. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes Councilmen Anderson, Jones, Csborn, Sweeney and President Branscheid, (5). 7oes: None. Absent: Hone. 9';" The matter was presented concernirg the Amendment of Diagram and Assessment of Parcel 7o. 124 of the Bay 'Arm Island Sewer Assessment District, Project Ko 1, into nine parcels, to be numbered from 124-2 to 124-10, Inclusive - as requested by Samuel J. and Celia W. Holmes in their Ann ication. The Affidavit of 1"ub1ication of the Hotice of 7earing was read by the Clerk and - ordered filed. There were no Protests to the granting of the Apnlication for the division of this proPerty. Councilman Anderson moved the amendment and division of this parcel be made as re- quested by the owners. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes : Councilmen Anderson, Jones, Osborn, Sweeney and President Dranscheid, (5). oes: :Tone. Absent: None. HE7O1RTS C 0OTYIT7EES: 10. From the City Fanager, recommending that contract be awarded to H. R. Archibald for the project of constructing a Civil Defense Telephone Cable Conduit, at 'he bid price of 5,213.35 - in accordance with Specificatio2s therefor, c. P7 2-51-1. Councilran Jones moved the City Manager's recommendation be approved; that contract be awarded to Ir. Archibald for the specified project and the bid bonds be returned to the unsuccessful bidders. The notion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Theo: 'one. Absent Hone. 11.' From the City IanaJer, transmitting the recommendation of Dr. Frost, City Pub- lic Health Officer on the subject of the fluoridation of water - to the effect that The Alameda City Council urge the East Bay runicipal Utility District to add the necessary fluorides to water serving the City of Alameda in accordance with accented standards established by the California State Board of Health and the United States Board of Health and the United States Public Health Service." Councilman Osborn stated he felt Dr. Frost, by his report on this ,ituation, shows that he has one into the matter very thoroughly. He stated also that he has read articles about this subject in other communities in the East and that tests show there is very definite to the children in the protection of their teeth. Therefore, he was of the opinion that it would be a fine thins fer the City of Alameda, and he moved the Clerk be requested to write the East Bay Yuni- ciPal Utility District transmitting Dr. :rost's recommendation. The mcticn was seconded by Councilman Jones and unanimously carried. President Branscheid instructed the Clerk to write a letter to the East Bay Municipal Utility District, urging the addition of fluorine to the water. supply. 127 From the City Tjanager, stating that all work in connection with the Tnprovc- rent of High Street, between San Jose Avenue and Calhoun Street, has been satis- factorily completed and recommending the 1-otice of Completion be filed. Councilman Anderson roved the Cif- Thnac-er's recommendation be approved; that the work be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Csborn and unanimously carried. 13. From the Mayor, City Manager and Deputy Auditor, reporting on the Count of Money held February 23, at which time there was the sum of S2,550,944.60 in the City Treasury. Toollowing the reading of this communication, President Branscheid commented on the item of to be reinbursed. Fe stated this error occurred in the handling of money in the City Treasurer's office and that prior to this time there has been no method of reconciling any differences which night arise. He stated on investi- gation has been made and it has beer found that Banks, Cities .and Counties have established Funds to take care of overages and shortages and that It is a matter worthy of the Council's consideration for adoption by the City of Alameda. 14. A communication was read from Homer R. Dallas, City Treasurer, calling atten- tion to the need of a "Cash Difference Tund" for the benefit of his office and requesting that the Council direct the City_Attorney to prepare an equitable plan for adjusting overages and shortages for the City of Alameda. Councilman Sweeney inquired if any stipulated amount would be set up in such a fund. President Branscheid stated it was his opinion the matter should be referred to the City Attorney and Auditor with the request to draw up a suitable accounting system to handle this situation. Councilman Sweeney made a motion incorporating this suggestion, which was seconded by Councilman Jones and unanimously carried. TITTPCDUCTTO7 0? OFDTTTAITC7S: " . . 15. 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 Authorizing the Sale and Exchange of Heal Property. 16, Courci1ran Osborn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (25) to Section. 17-342, Relating to Two-Hour Parking. tt 17. Councilman Jones introduced the following ordinance over under provision of law and the Charter: "Ordinance No. New Series ter which it was laid An Ordinance Amending the Alameda I:unicipal Code by Adding Subdivision (31) to Section 17-432 Thereof, Relating to Stop. Intersections." 10. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. flew Series An Ordinance Reclassifying ?ropert 1 y by Adding Section 63 to Ordinance No. 725, New Series. TNISIIED BUSINESS: 19':' The natter was presented concerning the recommendation of the City Planning '3oard to reclassify that certain Property embracing the area known as YINeptune Cottage Court - from the "A" to the "C" Ju1 tinle Dwelling District. Fr. C. J. Struble ponpearod to rePreso,nt Vr. 7ruce VcCollum, the petitioner, who is POW ir Europe. 7e stated the proserty under consideration is an "island" in tho "A" District surrounded entirely by other classificotIons and stated he was present this evening to answer any questions which the Council might have concerning the plans with reference to the area. Councilman Sweeney stated be would like to know what is to be built there and how they will be able to get into and out of the property. Mr. Struble. answered that they proposed to get into and out of the property over the easements on the Daond lying to the west and over the access way lying along the Nep- tune Theater, which is twenty feet in width. He stated they have an easement out to Webster Street through the Maritime Train.ing School property - this easement being thirty foot in width. As to what is being constructed on the property, Mr. Struble stated this will depend largely upon what materials they could get, stating it Is their desire to build a hotel and some housing units in the area - the property embracing about 97,000 square feet. Councilman Osborn inquired if they intended to build a hotel or motel - and Yr. Struble said it was not exactly a hotel, but hotel units. He stated they have at the Present time some apartment buildings there .and want toinprove them and build additional units for hotel apartments where they will be able to give hotel service to people in the neighborhood. He pointed out again that this property is surrounded by sification and publicly-owned lands. !In II lifuTtIPle Dwelling cla President Branscheid inquired why they wished a "C" zone and Mr. Struble answered that this was to permit construction of income units. He stated the proposed build- ings world presumably be two-stories in height. President Branscheid stated the Council was rather concerned about a large develop- ment in a small area where there is not good access and egress. Mr. Struble stated that in order to make the situation clear he would like to draw a diagram on the blackboard which would show just how ingress and egress will obtain as to this property. Councilman. Jones asked if this matter had been submitted to the Fire Department for its approval and President Branscheid stated the matter had been...presented to the Fire Chief who has no serious objections to it Councilman Anderson inquired if there was not a stairway that goes into the property west of the 20-foot driveway, and Mr. Struble said there was and further, that any- body in that area could walk right out on the City-owned beach. Councilman. Andersoa . asked as to the rent ceilings and MT. Struble answered they are governed entirely by the Office of Price Administration - the rents on the pres- ent buildings running from to g30. per month. Councilman Jones stated it appeared to him that the proposed rezoning did not reduce the value of the surrounding property inasmuch as the intention is to build along the same lines as the existing buildings. He thereupon moved the Council follow the recommendation of the PlPnning Board that t property be reclassified from the One-Family Dwelling District to the "c" Multiple Dwelling District. The motion was_ seconded by Councilman Sweeney and unanimously carried. Mr. Richard Thunder, speaking for the Real Estate Board, stated this property can never be used for "A" One-Family development, offering the opinion that the better plan. for the City to follow in the matter of land use changes would be to switch over to "Use Permits" rather than rezoning - which would give the City some control over the —problem. Councilman Jones, in answer to Yr. Thunder, outlined the history of zoning in the City of Alameda and the reason for there being a lot of "A" District property con- tiguous to various other classifications. RESOLUTIONS: 20. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4321 •M1 Rescinding Resolutions Numbered 3204 and 3949 Relating to Applications to State Director of Finance for State Assistance in Defraying Cost of Public Works Projects." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes : Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). :oes: 7one. Absent: Morie. Thereupon. the ?resident declared said resolution duly adopted and passed. 21. The following resolution was introduced by Counciinian Anderson, who moved its adoption: Resolution No. 4522 Authorizing City 7anager to Fake Second Sunplemental Application to State Director of Finance on Behalf of The City of Alameda for State Assistance In Defraying Cost of Construction of the Atlantic Avenue Sanitary Sewer (Project No. 20-7)." The riotion to adopt said resolution WRS seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes Councilmen Anderson, •ones, Osborn, i,lveerey and President T3ranscheid, (5). The one Absent: None. Thereupon the President declared said resolution duly adopted and passed. 22. The following resolution was introduced by Councilwan Sweeney, who moved its adoption: "Resolution No. 4323 Authorizing City Manager to Lake Application. to State Director of 2inance on Behalf of the City of Alameda for State Assistance An Defraying Cost of Construction of the Fourth Street Sanitary Sewer Frogs Taylor .Avenue to Segregation Line (Project No. 20-8)." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and ?resident 7ranscheid, (5). Foes: 1-one. Absent: :-one. Thereupon the President declared said resolution duly adopted and passed. 23. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4324 Authorizing City Manager to Make Application to State Director of Finance on Behalf of the City of Alameda for State Assistance in Defraying Cost of Plans for Construction of High Street Storm Sewer, Santa Clara Avenue to 7stuary (Project 47-28)." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried b7 the following vote. Ayes: Councilmen Anderson, Jones, Osborn , Sweeney and President 3ranscheid, (5). Noes: Lone. Absent: Jiorie. Thereupon the President declared said resolution, duly adopted and passed. 24. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4325 Authorizing City Manager to Make Application to State Director of Finance on Behalf of the City of Alameda for State Assistance in Defraying Cost of Plans for Construction of 7orthside Storm Sewer, Northerly of Pacific Avenue Between Morton Street and Hibbard Street (Project 7o. 47-29)." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes : Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: Hone. Thereupon the President declared said resolution duly adopted and rassed. 25. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution "o. 4326 Authorizing City Manager to Make Application to State Director of Finance or Behalf of the City of Alameda for State Assistance in Defraying Cost of Plans for Construction of Clement Avenue Storm sewe-, Chestnut Street to Broadway (Project 0. 47-30)." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson Jones, Osborn, Sweeney and ?resident Branscheid, (5). Noes: None. Absent: fone. Thereupon the President declared said resolution duly adopted and Passed. 13 26. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution Yo. 4327 Authorizing City ::anager to Make Application to State Director of l'inance on Sehalf of the City of Alameda for State Assistance in Defraying Cost of Plans for Construction of Sanitary Sewers, South- easter17 Section of Alameda (Project Mo. 47-31." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anders on Jones, Osborn, Sweeney and President 7ranscheld, (5). T-oes: None. Absent 1'one. Thereunon the President declared said resolution duly adopted and nassed. 27. The following resolution. was introduced by Councilman Anderson, who moved its adoption "ResoJution TZo. 4328 Authorizing City Manager to Make Application to State Director of Finance on Behalf of the City of Alameda for State Assistance in Defraying Cost of Plans for Construction of Segregation. Line. Sanitary Sewer, Shau Way to Sherman Street .(Project Ko. 47-32).". The -motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes : Councilmen Anderson, Jones, Osborn, Sweeney and President Pranscheid, (5). Moos: lone. Absent: :one. Thereupon the President declared said resolution duly adopted and passed. 28. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution ro. 4329 Authorizing City Fanagor to lake Application to State Director of Finance on behalf of the City of Alamoda for State Assistance in Defraying Cost of Plans for Construction of Grand Street Storm Sewer, ?acific Avenue to Clement Avenue (Project No. 47-33)." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. fLyes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). 'roes: None. Absent: None. Thereuron the President declared said resolution duly adopted and passed. 29. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution 7::o. 4330 Authorizing the Execution of an Agreement with Congress Construction Corp. for Removal of :Jock 7,1prap, Reinstalling Same at New Location, and Construction of a 7111." The notion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheld, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. Councilman Jones asked for an explanation of this resolution by either the City Manager or the City Engineer. Mr. Froerer then explained this matter, stating that the Company is proceeding with the filling of its property and that in the course of this work it has become de- sirable to both the Comnany and the City that certain large stones row in place in the vicinity of Central Avenue frontage be moved and replaced at a point 1,500 feet southerly of a new levee to be constructed. 1-le stated that the performance of this work would not only result in the construction of a better fill but would be of advantage to the City in obviating the necessity of blasting through this deposit of rock as presently located for the installation of sewers and other utilities. 30. The following resolution was introduced by Councilman Anderson, who roved its adoption: "Resolution No. 4331 Authorizing Execution of Lease Between the City of Alameda and Alameda Boys' Club, Inc., of a Portion of the Armory Building in Washington Park." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the followir,- vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Foes: None. Absent: None. Thereupon President 'Branscheid declared said resolution duly adopted and passed. lir. Thunder expressed the thanks of the Boys Club for the action of the Council in this matter and assured the Council the best possible use would be made of the property. President Branscheld informed Tr.r. Thunder that certain minor changes had been made in the provisions of the lease which he felt world be entirely agreeable - these changes relating to the cancellation of the lease by the City and the taking over of the property by the City in the event of a proclamation br the City of extreme emergency. FILING: 31. Auditor's Balance Sheet - For Nonth ending February 28, 1951. 32. Financial Statement - riddloton, Hiller (9 Hackleman - Bureau of Electricity - Yonth ending January 31, 1951, 33. At this point, Councilman Sweeney stated he would like to announce the first meeting of the -21ag Day Committee on 'larch 19, 1951, at 9 :00 o'clock stated that 145 organizations would be represented at that time and all members of the Council are cordially invited to be present. 34. Councilman Sweeney also stated that it had been brought to his attention that Police Officer Charles Gully had retired after twenty-four years' service with the City. He stated he felt that Cfficer -Tully was to be commended for the splendid job he has done for the City as a Pollee Officer and also for the wonderful work he has done with the Junior Traffic Police, pointing out that not one child has been injured at a school crossing since the organization of this group. President Branscheid stated the Council was in full accord with Councilman Sweeney's remarks of commendation of Cfficer Gully and that an appropriate letter would be written commending him for his very fine work. He stated the City is proud of the work Cfficer Gully has done and he regrets he is forced to retire because of health. BILLS: 35. An itemized List of Claims against the City of Alameda and several of the Departments thereof, in the total amounts as foThows 1 was submitted to the Council at this meeting: General nonartnerte 69.8 55. _, ,.. ,, ,, , a , Police Department, ,36.32; , Health Department, AO.; --.]-r rineering Department Deposit Fwd, 4 .; Civil Defense Department, :10.60; Gas Tax Ho. 2 Fund, 5,155.77, Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on 1:arch 6, 1951, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Csborn, Sweeney and President -Thanscheld, (5). 7oes: None, Absent: -one. ADjOUPNMETT: 36, There being no further business to come before the meeting, the Council ad- journed, to assemble in regular session on Tuesday evening, March 20,_1951, at 8:00 o'clock. Respect iitted,