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1951-10-02 Regular CC Minutes103 REGULAR MEETING OF THE COUNCIL OF THE CITY OF A LA MEDA HELD TUESDAY EVENING, OCTOBER 2, 1951 The meeting convened at 8:00 o'clock P. M. with President Osborn presiding. ROLL CALL: The roll was called and Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5), were noted present. Absent.: None. MINUTES: 1. The minutes of the regular meeting held September 18, 1951, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From the East Bay Municipal Utility District - Special District No. 1 - trans- mitting its version of a proposed uniform city Code to control sewage discharge in cooperation with disposal plant operation. President Osborn stated the City Manager had requested that he be permitted to analyze and study the proposed Code - and thereupon referred it to the City Manager for study and report. 3. From the East Bay Federation of Community Chests, requesting the Council to approve an allocation of ',,128.75 as Alameda's proportionate share of the total cost of q'2,500, to bring the United States Marine Corps' Band to the Oakland Municipal Auditorium to present a concert on Monday evening, October 15. This will be under the auspices of the Federation in tribute to the 10,000 volunteers who are working so hard to make this first Federated Campaign a success. Councilman Jones moved the requested allocation of 4128.75 be made and appropriated for this purpose and that the Chamber of Commerce be requested to take care of this expense out of the advertising fund of the City. The motion was seconded by Coun- cilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Branscheid, Jones and President Osborn, (3). Noes: Councilmen Anderson and Sweeney (2). Absent: None. ‘i/ 4. From Stanley D. Whitney, City Attorney, submitting his resignation as City Attorney, effective October 16, 1951, due to the increased pressure of private business. Councilman Jones moved the acceptance of the resignation, stating that Mr. Whitney has served the City for many years and it is with regret that the City loses his valuable services by reason of it being necessary for him to devote full time to his private practice. The motion was seconded by Councilman Branscheid. President Osborn stated that in his position as Mayor of the City, he felt sincere regret in Mr. Whitney's finding it necessary to take this action. He stated Mr. Whitney had advised the Council for the past 7 years and he would like to state pub- licly that it was with utmost confidence that he acted on his advice, and the loss to the City will be one that all members of the Council will realize. Councilman Anderson stated his opinion of Mr. Whitney's services had been very well covered by the preceding speakers on the motion but that he wished to state that in the 4 years he has been on the Council, Fr. Whitney has gone far beyond the extra mile; that he has had at heart the interest of the community as a citizen and tax- payer and had gone far beyond the call of duty in his services to the City and he wished to express his appreciation for that. He stated he felt Mr. Whitney had been of great help and extreme value in guiding the affairs of the City to the benefit of the citizens. Mr. Sweeney stated he would like to carry on a little further and that he concurred wholeheartedly with the statements made and sentiments expressed. He stated that, in his opinion, it is the function of the City Attorney to keep the. City out of trouble - and 1:r. Whitney has done a good job along this line. Councilman Branscheid stated that practically everything that could be said, has been said - and he agreed heartily with all the fine things said about Mr. Whitney. The question was put and the motion was unanimously carried. 5. From John F. Hanson, Jr., Deputy City Attorney, submitting his resignation to Mr. Whitney, as Deputy City Attorney of the City of Alameda, effective October 16, 1951, in order that he may devote his full time to his private practice of the law. Councilman Branscheid stated he felt very badly about the loss of the entire City Attorney's staff, but that the men have their private interests to care for and the City must defer to their wishes. Mr. Whitney stated Mr. Hanson has been associated since 1944 and has done a very fine job, devoting Public Utilities. He stated Mr. Hanson felt that time Attorney, instead of a part-time one, he had in the City Attorney's Office most of his time to the Board of since there will now be a full- better resign. President Osborn expressed through Mr. Whitney the City's appreciation of Mr. Hanson's services, pointing out that Fr. Hanson has batted for Fr. Whitney on many occasions and expressed the belief that the City will feel the loss of his services. HEARINGS: 6. President Osborn stated the Council would now be under the heading of "Hear- ings" and that it was prepared to act upon the matter of the decontrol of rents in the City of Alameda. Councilman Anderson moved that rents be decontrolled in the City of Alameda. Coun- cilman Branscheid seconded the motion and stated the Council has had an opportunity to study the reports and consult with the surrounding communities and is prepared to render a decision which, in his opinion, is to the best interests of the people of the City. He pointed out that from the very inception of the controls, it was considered to be an emergency matter and offered the opinion that its retention beyond the emergency period is un-American and does not promote the Democratic con- cept of Government. Councilman Branscheid stated he wished to recognize the letter sent to the Council by William Werner, Publisher of the Alameda Times-Star, suggesting that rents be decontrolled but undertaken by easy stages. He said he has always felt that if this matter could be adjusted a step at a time, no one would be hurt through decontrol - but pointed out that unfortunately this is a Federal function over which Alameda has no control and therefore, there must be an entire decontrol or no decontrol at all. The question was called for and the motion carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. OPENING OF BIDS: V( 7. Bids were received and read for the furnishing to the City of Alameda, for use in the Police Department, one new, 1951 model, Two-Door Sedan, in accordance with Specifications and Provisions No. MS 9-51-18, as follows: From Huffman Motor Company $1,482.79 Accompanied by a check in the amount of . 148.27 From Morris Landy Motors 1,479.79 Accompanied by cashier's check in amount of - - - 147.98 From Jack Erwin Motors - - - - - 1,713.00 Accompanied by certified check in amount of - - - 300.00 ■■••• tem. MO The bids were referred to the City Manager for study and recommendation. REPORTS OF COMMITTEES: 8. From the City Manager, recommending contract be awarded to Gallagher & Burk, Inc. for the project of constructing a Traffic Channel at the northeast corner of High Street and Fernside Boulevard for the bid price of :',8,592.45 - in accordance with Specifications, Special Provisions and Plans No. NI 6-51-9. Councilman Anderson moved the City Manager's recommendation be adopted; that con- tract be awarded to the designated firm for the project specified and the bid check be returned to the unsuccessful bidder. 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. 9/ From the City Manager, recommending contract be awarded to 0. C. Jones e4 Sons for the project of reconstructing San Jose Avenue, from Chestnut to Morton Streets and Morton Street, from San Jose to San Antonio Avenues for the bid price of 65,494.90 - in accordance with Specifications, Special Provisions and Plans No. FN 8-51-12. Councilman Anderson moved the City Manager's recommendation be accepted; that con- tract be awarded to the company mentioned for the designated project, and bid checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent None. 10. From the City Manager, recommending City Engineer B. H. Maynard be authorized to attend the 1951 California Traffic Safety Conference, to be held in Sacramento, October 25 and 26, 1951, and $35. be appropriated therefor. Councilman Sweeney moved the City Manager's recommendation be followed; that the City Engineer be authorized to attend this Conference and the sum of 835. be appro- priated to defray his expenses. The motion was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None, Absent: None. iiY From the City Manager, recommending Plumbing thorized to attend the Convention of the Plumbers held at Del Mar, October 11, 12 and 13, 1951, and purpose. Councilman Branscheid moved the City Manager's re plumbing Inspector be authorized to attend the de 8125. be appropriated for his expenses. The mot Sweeney and on roll call carried by the following Branscheid, Jones, Sweeney and President Osborn, Inspector A. R. Cranston be au- Association of California, to be $125. be appropriated for this commendation be adopted and the signated Convention and the sum of ion was seconded by Councilman vote. Ayes: Councilmen Anderson, (5). Noes: None. Absent: None. 12. From the City Manager, reporting that a multi-point radio antenna has been in- stalled at the Control Center in Franklin Park and the City has one single-point antenna which is no longer needed. He therefore requested authorization to dispose of this piece of equipment for the best price obtainable - estimating the sale will bring approximately 100. Councilman Jones moved the City Manager be authorized to dispose of the single-point antenna as requested. The motion was seconded by Councilman Anderson and unani- mously carried. 13. Councilman Branscheid, at this point, requested permission to refer back to the matter of the decontrol of rentals and stated he wished to point out that the action of the Council in this matter is not final - stating there will now have to be an application made to the Federal Government and nothing can be done until the action of the Council is certified by the proper authority in Washington. Councilman Anderson raised the question as to whether the filing of the application in Washington would result in an automatic decontrol or whether the matter was within the discretion of the Housing Expediter. City Attorney Whitney stated that, in his opinion, it is mandatory upon the Housing Expediter to certify to decontrol, but pointed out again that decontrol will not be effective until the Housing Expediter's certification has been received. INTRODUCTION OF ORDINANCES: 14, Councilman Jones introduced the following Ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Vacating Sewer Easements in Certain Lands and Authorizing Execution of Quitclaim Deeds to Alameda Unified School District and Alameda Mutual Homes Corporation." RESOLUTIONS: 15. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4461 Accepting Conveyance from T. Howen, Also Known as Thomas Howen, and Emma S. Howen, His Wife, of Certain Real Property and Consenting to Recordation Thereof." The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4462 Transferring 81996.73 from the Civil Defense Fund And 1885.36 from the East Bay Municipal Utility District Fund to the General Fund." 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. 17. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4463 Authorizing Attendance of Yembers of the Council, Officers and Employees of the City of Alameda at The Annual Conference of the League of California Cities to be Held at San Francisco and Appro- priating Funds Therefor." The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4464 Adopting Specifications for Furnishing One (1) New 1951 Coupe Automobile to the City of Alameda for the Health Department, Calling for Bids and Directing the City Clerk to Advertise Same." 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. 19. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4465 Adopting Specifications, Special Provisions and Plans for the Construction of a Wood Frame Broom Shed at Alameda Corporation Yard,, Calling for Bids and Directing the City Clerk to Advertise Same." The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4466 Amending Resolution No. 4456, Relating to Position of Park Maintenance Foreman." 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. 21. The following resolution was introduced by Councilman Sweeney, who moved its adoption "Resolution No. 4467 Amending Resolution No. 4457, Relating to Position of General Street Maintenance Foreman." 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. 4468 Appointing City Attorney and Fixing Salary of Position of City Attorney." 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, 107 Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. FILING: 23. Specifications - No. NS 10-51-19 - For furnishing One New Coupe to the City for the Health Department. 24. Specifications - No. PW 8-51-13 - For project of constructing a Wood Frame Broom Shed at Corporation Yard, 25. Financial Statement - Middleton, Hiller (Q- Hackleman - Bureau of Electricity, as of August 31, 1951. BILLS: 26. An itemized List of Claims against the City of Alameda and several of the Departments thereof, in the total amounts as follows, was presented to the City Council at this meeting: General Departments, 1,777.80; Gas Tax No. 2 Fund, d9 926.30; Store Department, $300.; 1951 Sewer Bonds Fund 41 220 49. • • Garfield Avenue Storm Sewer Fund, 1,333.35; Traffic Safety Fund, '1,028.92; Councilman Sweeney moved the bills as itemized in the List of Claims filed with the City Clerk on October 2, 1951, and submitted 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: None. Prior to adjournment, President Osborn asked if there were any further Oral Communications. 27. r'r. Richard 2. Thunder of the Alameda Real Estate Board, expressed the thanks of that organization for the Council's action on the matter of decontrol of rents. He stated that most of the people had been advised to use good judgment in the matter of rental increases and pointed out that while there may be some trouble at the outset, the situation will eventually level itself off in a reasonable manner. President Osborn stated he wished to point out again that the action of the Council tonight, in recommending the decontrol of rentals, will have its effect naturally but that he wished to earnestly plead with all property owners that they use good judgment in their future actions. He stated the action tonight is one that comes within the scope of the Council's power, but pointed out that we are all subject to the Government at Washington and the Council has been informed that where a locality does not act sensibly the Government may see fit to restore the controls. 28. Councilman Sweeney stated he wished to refer back to the heading of 'hWritten Communications" and particularly to his vote on the matter of appropriating funds to defray the expense of the appearance of the United States LIarine Corps Band in Oakland. He stated the reason he voted "No" was that it was his thinking that there could not be a fair selection of 800 school children out of the more than 10,000 children attending Alameda Schools. He pointed out that he is a member of the Board of Directors of the Community Chest - but feels this is the wrong approach to the problem. He stated his vote does not detract from the value of the Community Chest but that he felt the money could be used to better advantage in sonie other way and that he did not wish any misinterpretation placed upon his vote. 29. President Osborn stated the City Council has had numerous recommendations from the Citizens' Advisory Committee and that it is progressively acting unon those recom- mendations as it has opportunity to study and put them into effect. He pointed out that one of the recommendations is that the City Attorney's position in the City of Alameda should be made a full-time position and that the Council had considered this but was unable to secure the full-time services of Er. Whitney as City Attorney. He said now that Er. Whitney has seen fit to withdraw from City service, rr. Clark is taking over the duties of that office on a full-time basis and that this marks the putting into effect of one more of the recommendations of the Citizens' Advisory Committee, 30 Mr, Sawyer, 444 Central Avenue, addressed the Council on the subject of the filling operations to be performed by the Congress Construction Corporation on his property and the 3 adjoining properties. He pointed out that the Company had agreed to fill in these properties but has failed to do so and that the roadway or dam that has been built has cut off the Bay waters from the rear of the property, leaving a very messy mudhole. He stated that he and other property owners would appreciate it if the City could do something, or have something done about this matter, stating that in the absence of any action, he proposed to break through this roadway to per- mit the water to flow into the area which was to have been filled. Councilman Anderson inquired if this matter of the filling of the property is not the subject of an agreement between Er. Sawyer and the Congress Construction Cor- poration. Er. Sawyer answered that he had such an agreement, but apparently the Congress Construction Corporation prefers to do nothing about it. Councilman Anderson suggested, therefore, that he direct the attention of the Cor- poration to this matter to recover any damage he has suffered. President Osborn requested City Manager Froerer to clarify this situation - and Mr. Froerer stated there has been a new Vice President appointed by the Congress Construction Corporation - or Bayside Construction Corporation - and he feels he is definitely a man of integrity and will proceed with the work as rapidly as possible. He stated that if it was the pleasure of the Council, he would contact Mr. Jackson and go into this matter, representing the City. Councilman Anderson moved the matter be referred to the City Manager for investi- gation and report back to the Council as to how the Council may be helpful to the property owners and how it may best protect the interest of the City of Alameda in this situation. The motion was seconded by Councilman Jones and unanimously carried. ADJOURNMENT: 31. President Osborn stated that on October 16, there will be in progress a very important Conference of the League of California Cities and that inasmuch as many matters of importance and interest to the officials will be considered at this Conference, it is necessary that they attend. Therefore, he stated, the Council will not be able to hold a meeting on the regularly scheduled night of October 16, but that one of the officers of the City will be present to adjourn the meeting to October 23, 1951. There being no further business to come before the meeting, the Council adjourned. Respect mitted,