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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.