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,