1951-08-21 Regular CC Minutes86
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALMEDA
HELD TUESDAY EVENING AUGUST 21 1951
The meeting convened at 800 o'clock P. F. with President Osborn presiding.
ROLL CALL:
The roll was called and Councilmen Anderson, Branscheid, Jones, Sweeney and
President Osborn, (5), were noted present. Absent.: Hone.
MINUTES:
1. The minutes of the regular meeting held August 7, 1951, were approved as
transcribed.
17PITTEN CCM-UM:CATIONS:
2. From the Franklin School Parent-Teachers' Association, urging the construction
of at least two swimming pools for school children.
President Osborn remarked that it was his understanding there is some other infor-
mation with regard to a swirpling program for the City to be furgished within a
short time and under the circumstances, his suggestion would be that this communi-
cation be referred to the Committee of the lihole.
Councilman Anderson, commenting on the communication, corrobated :resident Osborn
remarks, stating there has been a group working on this matter for some time with
the idea of serving a cross section of the whole population of the City and that a
meeting is soon to be held with the Council to Present the plans and findings the
group has made in this connection.
From ;'rom O. J. Hall, 1349 Fernside Boulevard, requesting the Council to hold
a public hearing in the near future for the purpose of discussing the decontrol of
rents.
4'. From Mrs. C. K. Harshman, 1076 Park Avenue, with regard to the matter of rent
decontrol.
These communications were referred to the Committee of the Whole for consideration
at a meeting to be held in the near future.
5 A petition was submitted to the Council, signed by approximately fifty parents
living in the vicinity of McKinley Park, requesting that the necessary steps be
taken to allow the children the use of Thompson Field when it is not being used by
the High School.
President Osborn explained that the existing lease between the City and the Board
of Education gives the School Department control of Thompson Field. He pointed
out, however, that in the new agreement now being prepared, the control of the
Field by the School Department will be limited and the Field will be open for the
use of children when it is not in use by the football team.
He suggested the City Clerk communicate with the Superintendent of Schools, noti-
fying him of the petition from the residents in the neighborhood.
Councilman Jones pointed out that the Council is contemplating an early meeting
with the Superintendent of Schools and suggested the matter could be referred to
the Committee of the Whole and an appropriate discussion held at the time the con-
templated meeting is held.
Following some discussion of the subject - during which Councilman Anderson indi-
cated that the Field is closed by reason of the fact that the School Department
failed to take proper care of it and permitted the turf to deteriorate to the point
where the Field had to be practically replanted - Councilman Jones moved this peti-
tion be called to Mr. Paden's attention, through a letter to be written by the City
Clerk. The motion was seconded by Councilman Anderson and unanimously carried.
ORAL COMMUNICATIONS:
6. Mr. Frank Gottstein addressed the Council, stating he would like to see the
City do something toward correcting the bad situation resulting from the throwing
of bottles on the beaches. He stated that many people are being hurt and the
dangerous condition created by the throwing of bottles is keeping people off the
beaches. Ho suggested that signs be erected warning against this practice.
Councilman Jones suggested the City ranager be requested to erect signs such as have
been mentioned by Mr. Gottstein.
Following some discussion of the matter, Councilman Jones moved the City Manager be
requested to investigate the matter of erecting signs and report his findings to
87
the Council, at which tine, if proper, he would be authorized to place the signs.
The motion was seconded by Councilman Branscheid.
City Manager Froerer addressed the Council, stating that the signs could be in-
stalled within a few days and suggested that he be authorized to erect them in the
immediate future.
Councilman Jones, with the consent of his second, withdrew his motion - and Council-
man Anderson moved the City Manager be authorized and instructed to install the pro-
posed signs at the earliest possible date. The motion was seconded by Councilman
Sweeney and unanimously carried.
7:` At this point, the Council was addressed by Mrs. Cecelia Robinson, Policewoman,
and President of the Women Peace Lfficers' Association of California, who outlined a
plan formulated by her Association for the maintenance of homes for non-delinquent
teen-age girls. She informed the Council that a benefit show is to be held in Oak-
land on September 29, for the purpose of raising funds to help in the financing of
this venture, which will be under the sponsorship of the King's Daughters. Mrs.
Robinson invited support and help of the Council in making the proposed benefit a
success.
President Osborn thanked Mrs. Robinson and assured her the Council will be behind
her organization and give its support to the benefit.
HEARINGS;
8:/ The matter was presented concerning the appeal of Robert W. Towle, from the
ruling of the City Planning Board, denying his petition for an adjustment to allow
the building he proposed to erect in front of his existing dwelling at 830 Santa
Clara Avenue to be constructed up to the front property line.
The City Clerk recited the contents of the petition and outlined briefly the hearing
held before the City Planning Board from which the appeal is taken.
Mr. Towle addressed the Council and indicated his property is two lots west of the
drug store property at Ninth Street and Santa Clara Avenue and on the intervening
lots there are residences - all of the property being zoned for business. He stated
the houses conform to the setback requirements and the lot immediately to the west
of his property is vacant.
Through interrogation of Mr. Towle by members of the Council, the following informa-
tion was developed: That the property is zoned for business use; that while no plan
of the proposed building was presented to the Planning Board, a detailed description
of the contemplated structure was made by Px. Towle; that none of the owners of ad-
joining properties had voiced any opposition to the granting of the adjustment; that
the proposed building will become a nart of the existing building and will be one
story in height; that the City Planning Board had denied the petition on the ground
that the proposed building would do nothing for the appearance of the neighborhood;
that Mr. Towle was of the opinion it would materially add to the appearance of the
neighborhood, he having stated the building would be constructed by a first class
contractor and would be modern in every respect.
Mr.Owen 'Mite, 1514 Ninth Street, appeared to oppose the granting of the adjustment,
stating that this tYpe of construction ultimately leads to the deterioration of not
only that particular building, but also of adjoining property. He stated he was not
opposed to Fr. Towle opening a business office on his property if the house is main-
tained as it presently exists. He stated it was his belief that all houses in the
block observe the setback requirements except the drug store building.
Mr. Oliver Etzel also appeared and read a prepared statenient in which he said he
would be willing to subscribe to the City Planning Board's findings, recommendations
or decisions in this matter, feeling that the Planning Board would at all times have
at heart the best interests of the City of Alameda.
Following some further discussion between the Council and Mr. Towle on the subject
of altering the present building to permit of carrying on his business therein - or
an alternate plan of construction which would enable Er. Towle to observe the re-
quired setback - Deputy City Attorney Hanson suggested this matter might be referred
back to the Planning Board, together with the drawings submitted to the Council for
first time this evening.
Councilman Anderson remarked that the drawings or blueprint - or the absence of them
did not affect the decision of the Planning Board in any way.
Councilman Sweeney pointed out that in the past, numerous matters involving appeals
from the rulings of the Planning Board have been before the Council - and in each
case, the Council has made an inspection of the property in order to prepare itself
to make a fair decision in the nremises. He suggested that procedure be followed
in this case. Councilman Sweeney thereupon moved the Council take a look at this
property between now and the next Council meeting and be prepared to arrive at a de-
cision in the matter. The motion was seconded. by Councilman Jones and unanimously
carried.
88
REPORTS OF COMMITTEES:
9. From the City Manager, recommending that Mrs. Cecelia Robinson, Policewoman,
be authorized to attend the Annual Convention of Women Peace Officers' Association
of California at Yosemite Park, from September 6, to 3, 1951, and 100. be appro-
priated for this purpose.
Councilman Sweeney moved the City Manager's recommendation be adorted; that Mrs.
Robinson be authorized to attend the designated Convention and 100. be appropriated
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.
101: From the City Manager, recommending the Police Officer Peter Ege be authorized
to attend the Sixth Class in Basic Police Training, at California Peace Officers'
Training Center, Alameda County Sheriff's Department, September 17, through October
13, 1951, and 25. be appropriated for this purpose.
Councilman Jones moved the City Manager's recommendation be followed: that Officer
Peter Ege be authorized to attend the specified Training School for the neriod de-
signated and c25. be appropriated for his expenses. The motion was seconded by
Councilman Anderson and on roll call carried by the following vote. Ayes: Council-
men Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None.
Absent Yore.
11. From the City Manager, recommending that contract be awarded to McGuire and
Hester, the only bidder, for the project of constructing a Storm Sewer on Garfield
,
Avenue, South of Liberty Avenue, at the bid price of 2,024.50.
Councilman Anderson moved the City Manager's recommendation be accepted; that con-
tract be awarded to this firm at the bid nrice quoted. 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). roes: None.
Absent: None,
12. From George R. Doran, Chief of Police, submitting a report on the activities
of the Alameda Police Boys Baseball League for 1051, and emphasizing the beneficial
effect upon so many of the juveniles engaged in this activity. The Police Officers
who volunteered their services and the merchants who sponsored the teams and donated
many items were commended for their wholehearted cooperation and generosity in this
worthwhile enterprise.
Councilman Sweeney stated he had personally followed the activities of this League
and felt that the members of the Police Department have accomplished a great deal
of good for the boys, as well as for the,City. He thereupon moved the City Clerk,
in the name of the Council, write a letter to each Officer managing a team and to
each sponsor, commending them for their interest and work and for the fine results
which have been obtained through the functioning of this League. The motion was
seconded by Councilman Branscheid and unanimously carried.
President Osborn observed that, in his opinion, this is one of the finest projects
carried on in the City of Alameda.
13'; From the Civil Service Board, transmitting its Twelfth Annual Report.
President Osborn stated he had received a copy of this Report and that, in his
opinion, it is of a very high caliber. He suggested a letter of commendation should
be sent to the Civil Service Board and its Secretary for this splendid report of its
activities.
Councilman Anderson made a motion to this effect, which was seconded by Councilman
Jones and unanimously carried.
14v./ City Manager Froerer stated he had a report to make concerning the installation
of the historical marker tablet for the Alameda Historical Society and stated it was
now felt the Plaque commemorating the arrival of, the First Trans-Continental Train
in Alameda should not be placed in the surface of the sidewalk inasmuch as this type
of installation would not meet with the approval of the Centennial Commission. This
matter had also been discussed with Fr. Joseph Knowland and he, too, felt the marker
should be above the surface of the sidewalk.
The Historical Society has reported that it has received a donation of ,500. for the
installation of this tablet, which will permit of the construction of a memorial
bench in which the tablet will be imbedded if an additional amount of money can be
appropriated by the City Council to defray the anticipated total cost of $600.
Yr. Froerer stated the Historical Society has now requested that the City of Alameda
proceed with the installation of this bench and that it also appropriate a sum of
not to exceed '3100. to supplement the anonymous donation for this purpose.
Councilman Anderson moved that an appropriation of not to exceed 100. be made in
order that the work on this memorial bench may proceed immediately. 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, (6).
Noes: None. Absent: None.
89
INTRODUCTION OF ORDINANCES:
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 Amending the Alameda Municipal Code
by Adding Subdivision (32) to Section 17-432 Thereof,
Relating to Stop Intersections."
16, Councilman Anderson introduced the following ordinance, after which it was
laid over under provision of law and the Charter:
"Ordinance Ho.
New Series
An Ordinance Amending Section 17-364.1, Article 6,
Chanter 3, Title XVII, of the Alameda Municipal Code,
Relating to. Parking. Limits in Parking Meter Zones."
NEW BUSINESS:
17. The Clerk called up the matter of a proposed lease with the United States
Government on certain City-owned property on Bay ?arm Island, pointing up the fact
that the Government is anxious to enter into possession immediately.
Councilman Anderson moved the City Manager be authorized to enter into negotiations
with the Government in this matter and arrange for the preparation and execution of
the necessary lease. The notion was seconded by Councilman Jones and unanimously
carried.
RESOLUTI ONS:
18. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4433
Authorizing Execution of Lease Between City of Alameda
and Alameda Squadron Civil Air Patrol of a Portion of
the Armory Building in Washington Park."
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.
19. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4434
Creating the Position of 'Junior Typist-Clerk' in
the Health Department of the City of Alameda,
Prescribing the Duties and Fixing the Salary 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.
City Manager Froerer explained this, stating that the creation of this position is
not, in fact, the creation of a new job in this Department, but is simply an adjust-
ment of personnel.
20. The following resolution was introduced by Councilman Branscheid, who moved its
adoption:
"Resolution No. 4435
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 Bond Issue Sewer Project Unit No. 2
(Project Ho. 47-35)."
The motion to adopt said resolution was seconded by Councilman Jones and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Branschei d, Jones,
Sweeney and President Osborn, (5). foes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
21. The following resolution was introduced by Councilman Anderson, who moved it
adoption:
"Resolution No. 4436
Withdrawing Application to State Director of Finance
And Rescinding Resolution No. 3951 (Project No. 47-25)."
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.
22. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 4437
Withdrawing Application to State Director of Finance
And Rescinding Resolution No. 4325 (Project No. 47-29)."
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.
23. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 4438
Withdrawing Application to State Director of Finance
And Rescinding Resolution TTo. 4329 (Project No. 47-33)."
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.
24. The following resolution was introduced by Councilman Anderson, who moved it
adoption:
"Resolution No. 4439
Transferring 22,000.00 from the Cash Basis Fund
to the Interest and Redemption Funds Nos. 10, 11
12 and 13."
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). roes: None. Absent: None. Thereupon the
President declared said resolution duly adopted and Passed.
25. The following resolution was introduced by Councilman Branscheid, who moved it
adoption:
"Resolution No. 4440
Creating a Fund to be Known as "Garfield Avenue
Storm Sewer Fund" and Transferring Thereto 0800.
from the Traffic_Safety Fund."
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.,
26. The following resolution was introduced by Councilman flranscheid, who moved its
adoption:
"Resolution No. 4441
Authorizing City Manager to Make an Advance Claim
to the State Director of Finance for Fifty Per Cent
of the State's Share of Cost of Construction ofthe
Bond Issue Sewer Project_Unit No. 1 (Project No. 20-9)."
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.
27. The following resolution. was introduced by Councilman Sweeney, who moved its
adoption:
"Resolution No. 4442
Calling a Special 7eeting of the City Council for the
Purpose of Holding a Public Hearing for the Receipt of
Evidence Relaing to the Question Vdhether or Not There
No Longer Exists Such a Shortage of Rental Housing
Accommodations as to Require Rent Control in the City
of Alameda, Fixing the Time and Place Thereof, and
Directing the City Clerk to Publish Notice of Such
Special Meeting."
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.
28. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4443
Authorizing the Execution of an Agreement with the
Firm of Middleton, Hiller & Hackleman for the
Performance of Independent Auditing Services for
the Fiscal Year,1951-52."
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 ?resident Osborn, (5). Toes: Pone. Absent: None. Thereunon the
President declared said resolution duly adopted and nassed.
ORDINANCES FOR PASSAGE
29. "Ordinance No. 1033,
New Series
An Ordinance Authorizing the Acquisition of an
Tnterest in Certain Real Property for Sewer and
General MlnIcioal Purposes."
Councilman Anderson moved the ordinance be adopted as read. The motion was seconded
by Councilman Sweeney and on roll call carried by the following vote. Ayes: Coun-
cilmen Anderson, Branscheid, Jones, Sweeney and 'President Osborn, (5). Noes: None.
Absent: Fone.
30. "Ordinance 1To. 1034,
New Series
An Ordinance Repealing Sections 10-2410 to 10-2429,
Both Inclusive, of Article 4, Chapter 2, Title X
of the Alameda Municipal Code, Relating to the
Electrical Code."
Councilman Branscheid moved the ordinance be adopted as read. The motion was
seconded by Councilman Anderson and on roll call carried by the following vote.
Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and Fresident rsborn, (5).
Noes: None. Absent: None.
31. "Ordinance No. 1035
New Series
An Ordinance Amending Article 4, Chapter 5, Title 11,
of the Alameda Municipal Code by Amendin g Seotions
2-541, 2-542 and 2-543 Thereof, and Adding Thereto
New Sections to be Known as Sections 2-547 and 2-548,
Relating to Vacations."
Councilman Anderson moved the ordinance be adopted as read. The notion was seconded
by Councilman Sweeney and on roll call carried by the following vote. Ayes: Conn-
oilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5) . Noes: None.
Absent: 7onc.
FILING:
32. Lease - Between City and Alameda Squadron Civil Air Patrol -
Portions of Armory Building.
33. Grant of Easement - City's Interest for Sewer Purposes - .9etween
United States of America and East Bay JfIunicip1
Utility District.
BILLS:
34. An itemized List of Claims against the City of Alameda and the several
Departments thereof, in the total amounts as follows, was submitted to the Council
at this time: General Departments, 5,844.; Police Department, 2,476.32;
Fire Department, 01,678.05; Street Department, i3,026.72; First Aid Department,
054.SO: Recreation Department, 0617.8o;
%
Park Denartment ,;I 877.15. Golf
, , , ,
Course Department, o1,126.34; Social Service Department, 072.92; Parking Meter
Fund, 07.57; Store Department, :;959.99; Pound Department, 041.14; Civil Ser-
vice Department, 042.37; Civil Defense Department, 01,281.62; 1951 Sewer Bonds
Fund, 0565.05; Traffic Safety Fund, 2,400.05;
, Gas Tax No. 1 Fund, ',)208.78:
Gas Tax No. 2 Fund, ra,344.15; Civil Defense Equipment Fund, 01,652.; Special
Street Department Equipment Fund, 2,055.22; Engineering Department Deposit Fund,
AO. Health Department, ,905.75.
Councilman Sweeney moved the bills as itemized in the List of Claims filed with
the City Clerk on August 21, 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, Branscheid, Jones,
Sweeney and President Osborn, (5). Noes: None, Absent: Yore.
35. Prior to adjournment, Councilman Branscheid stated he would like to make a
few remarks about the public hearing to be held on rental decontrol. He stated
that inasmuch as this is a very controversial matter and there will be a great
number of statements made and figures quoted by both sides, it is highly important
the Council be in a position to verify such matters as are introduced and therefore,
he would suggest that those who decide to place anything before the Council at the
public hearing, do so by means of written statements. He stated the Council is
going to be open on the question and it wants to be in position to substantiate
the representations made.
ljr. Richard Thunder stated that as far as the Real Estate Board and Apartment
House Association are concerned, they are willing to open their books for inspec-
tion and will further prepare the facts which they propose to present in such
manner that they may be substantiated.
Councilman Sweeney suggested the figures concerning vacancies and other matters
entering into the question of decontrol, and which may be presented to the Council
at this public hearing, be brought up to as late a date as possible.
ADJOURNME1,
36. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, September 4, 1951,
at 8:00 o'clock.