1951-10-23 Regular CC MinutesADJOURNED REGULAR MEETING OF THE -COUNCIL OF TEE CITY OF ATAMEDA
HELD TUESDAY EVENING, OCTOBER 23, 1951
ROLL CAL
President Osborn, (5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held October 2, 1951, and of the special
meeting held October 9, 1951, were approved as transcribed.
WRITTEN COEMUNICATIONF,:
2. From the Pacific Gas and Electric Company, concerning the question of legal
responsibility for payment of costs as to its public utility facilities where the
City has requested, and will request, such relocations to provide for the construc-
tion of storm sewers - and asking the City to enter into an Agreement with the Com-
pany pending the satisfactory adjustment of costs between the City and Company or
until the matter is finally determined by a Court of competent jurisdiction.
President Osborn stated he understood a resolution had been prepared to cover this
request and therefore referred the matter to "Resolutions."
7 V/
0 From Ers, Beatrice Rice Palmer, 333 Central Avenue, registering a complaint
against conditions in the west end of the City, due to the incompletion of dredging
and filling work started by Congress Construction Corporation - enumerating the
several unsightly nuisances and recommending that the Council take steps to have
this area cleaned up.
President Osborn stated the City Manager has informed him that the Congress Con-
struction Corporation has been contacted and the requests set forth in the communi-
cation have been substantially complied with - and he thereupon ordered the letter
filed.
Councilman Branscheid suggested the letter should be answered and moved the City
Clerk inform Mrs. Palmer that the Council has taken recognition of the situation
and understands the conditions have been improved. The motion was seconded by
Councilman Jones and unanimously carried.
4. From Mrs. Irene East :lay
T. Jamieson, Secretary-Treasurer, Division of the
League of California (ties, requesting the appointment of an Alameda representative
on the Executive Committee of the Division.
President Osborn explained that this letter had been received immediately after the
last regular Council meeting and therefore, there had been no opportunity to take
care of the request before this time.
Councilman Sweeney moved the City Attorney, J. P. Clark, be appointed to act as the
Alameda representative to the Executive Committee. The motion was seconded by Coun-
cilman Anderson and unanimously carried.
The President thereupon requested the City Clerk to notify Mrs. Jamieson of the
Council action.
5' the Quartermaster J;arket Center, relative to the delivery of perishable com-
modities by the Southern Pacific Company at various hours throughout days and nights
due to its schedule of working twenty- four hours per day when ships are being loaded -
and requesting that the Army Quartermaster Corps receive approval to become exempt
from the provisions of Section 7-213 of the Alameda Funicipal Code, which makes it
unlawful of the Railroad to deliver cars between the hours of 11:00 F. I% and 3:00
a. m. daily.
President Osborn stated he believed there was a question that may be involved in cer-
tain legal actions now pending concerning the use of Lincoln Avenue tracks by the
Southern Pacific Company, and stated it was, therefore, his opinion that it would be
advisable to secure an opinion from the law firm now handling this litigation.
Councilman Jones moved this matter be referred to the attorneys who are representing
the City in tho legal action against the Southern Pacific Company as to the action
the Council should take on this subject. The motion was seconded by Councilman
Anderson.
Councilman Branscheid referred to the letter in which the operation is set forth and
stated the question has been raised, as far as this Council is concerned in the
matter, of rescinding the restrictions placed upon the operation of the Railroad.
He stated there is a great problem involved in this situation because the Council
has always wanted to cooperate with the defense movement and in particular, with the
development of the area involved and it was his opinion that the Council should
The meeting convened at 8:00 o'clock F. Y. with President Osborn presiding.
The roll was called and Councilmen Anderson, Branscheid, Jones, Sweeney and
recognize the fact that the development de ends upon the removal of the tracks on
Lincoln Avenue - which the Council has been trying to eliminate. As to referring
this question to another aFency, it was his opinion that this is a delaying action.
Ile felt the Council should take a definite position, and then refer it.
He sug-
gested this matter be submitted to a conference between the parties involved to try
to come to a better understanding - and reiterated that he does not believe the
matter should be deferred.
Councilman Jones pointed out that by the legal action the Council has already taken,
it does not recognize that the Southern Pacific Company has a legal right at all to
operate on Lincoln Avenue. He said he felt that, in accordance with the thought of
the Fayor, the first action should be to find out if it is absolutely out of the
question to discuss or recognize an illegal matter. He stated the Council should
make sure it is not prejudicing its position and should, therefore, proceed on the
original motion to act solely on the advice of the Attorney.
Councilman Branscheid stated he agreed with the thinking of Councilman Jones, but
should like to bring out the point that time is of the essence. The proper procedure
would be to deny the petition and then refer it to the attorney.
It was suggested the City ranager and City Attorney could consult with Mr. l'atthew
tomorrow and find out what the proper action would be, since it is not necessary to
make a definite answer tonight as there would be another meeting of the Council be-
fore the expiration of the thirty-day period at which time the Center anticipates
commencing its operations. After finding out what the attorney's opinion Is, a
special meeting could be called if necessary.
It was pointed out that the Southern Pacific Company has the means of taking care of
this situation without violating the provisions of the Code.
Councilman Branscheid reiterated that the time element is the important factor.
Councilman Sweeney stated that if time is the essence, there Is no reason why the
City lanager and City Attorney could not meet with the attorney tomorrow and immedi-
ately poll the Council. He went on to explain that the "attorney" referred to is a
member of the firm which has been hired to take care of the litigation with regard
to the removal of the Southern Pacific Company tracks on Lincoln Avenue.
Councilman Jones pointed out that the Council could state it does not choose to make
any exception to the ordinance and safely say it does not want the Southern Pacific
Company on the Lincoln Avenue tracks at all.
President Osborn asked the City Attorney if the Ordinance as in existence could be
enforced - and Er. Clark answered that the City can impose any proper or reasonable
regulations with regard to the exercise of any rights under the franchise.
Councilman Anderson stated that, in his opinion, this issue of the operation cf the
Southern Pacific Company on Lincoln Avenue is of such a technical nature that, after
consideration by the Council and upon the recommendation of the former City Attorney
due to its intricacies, the Council was advised to consult a firm of attorneys who
are specialists in this field and he did not think the Council should take any action
that would affect the situation in any way until after the attorneys handling the
litigation concerning the Southern Pacific Company's tracks on Lincoln Avenue, were
consulted, because something might be done to jeopardize the situation. Ile stated
he was in favor of asking the attorney.
In answer to a question by Councilman Branscheid, the City Attorney stated the
Southern Pacific Company has no right on Lincoln Avenue at any hour of the day or
night.
Councilman Jones stated the Council should refer the letter to the attorney and let
him take care of the whole thing.
Councilman 7nanscheid stated he wanted to go on record as opposing any traffic on
Lincoln Avenue.
President Osborn stated there is no question at all about the stand the Council has
taken that it opposes the operation of the Southern Pacific Company on Lincoln Ave-
nue, but before any answer is made to the Center, the attorneys should be consulted
to ascertain whether or not they feel the City would be jeopardizing its position
in the present litigation.
( -1 The question was then called for and the motion "That this matter be referred to the
i firm of attorneys which is representing the City in the legal action against the
Southern Pacific Company to ascertain the answer the Council should make" was car-
ried on the following vote. Ayes: Councilmen Anderson, Jones, Sweeney and Presi-
dent Osborn, (4). :'loos: Councilman T3ranscheid, (1). Absent: None.
0. Prom the Alameda 20-30 Club, requestinnpermiss17,to, nut a decal on every
parkinF meter in the Citr, with the slogan ...ni, ,CL.,' ici,L) - LOCI" Yu J:1 CAH". The
letter explained that the Club will purchase, install and maintain these decals at
its own expense because it believes this will help reduce the nunher .of auto thefts.
A representative of the Club was present to address the Council. He stated the DO-
lice records indicate an upward trend in auto thefts and many of the cars are stolen
by young people who get into trouble because keys are left in the automobiles and
they take the cars for a joy ride.
Councilman Anderson stated that, as a former member of the 20-30 Club, he deemed it
a privilege to rake a motion that the request for permission to install these decals
on the parking meters be granted. The motion was seconded by Councilman Jones, who
stated he would like to commend the 20-30 Club for this fine public service. The
motion was unanimously carried,
President Osborn remarked that he recently had the privilege of attending one of the
Club's meetings, at which time fifteen members joined the Auxiliary Police Force in
connection with the Civil Defense program and he also spoke of the active interest
of the Club in helping out in worthy causes.
VI
7. From the Office of Rent Stabilization, Washington, D. C., certifying to the
decontrol of rents in the City of Alameda, effective as of October 19, 1951,
President Osborn announced that this communication authorizes the decontrol of rents
in the City, effective as of October 19, 1951, and thereupon ordered the letter
filed,
From Alameda Aerie No. 1076, Fraternal Order of Eagles, inviting the Council to
attend its annual Sportsmen's night, Thursday, October 25, 1951, at 8:15 o'clock.
President Osborn instructed the City Clerk to acknowledge this invitation with
thanks, and expressed the hope that the members of the Council would be able to
attend.
ORAL COMMUNICATIONS:
v7
9. Mr. Frank Gottstein addressed the Council at some length, touching on several
matters - traffic congestion, another bridge and the great need for the second tube,
pointing out that the Council should write to the California Toll Bridge Authority
demanding an explanation concerning finances. He also suggested the City should
look into the ratter of establishing one-way streets.
Councilman Sweeney moved a study and investigation be made with regard to one-way
streets to facilitate the flow of traffic. In seconding the motion, Councilman
Anderson observed that one thing to do would be to have no parking on the east side
of Webster Street between certain hours from Atlantic to Lincoln Avenues. The
motion was unanimously carried.
10. Councilman Branscheld stated he would like to mention the fact that a majority
of the Council attended the Convention of the League of California Cities held dur-
ing this past week. There were well over 2100 registered delegates, and he believed
it was an outstanding conference. One of the most important matters discussed was
the position of the cities with regard to their tax relationship with the counties,
the point being that the counties were levying assessments against urban incor-
porated areas of the counties which were put in the general funds and the money
then eventually used for the Purpose of giving municipal services to unincorporated
areas. The cities maintain the counties should not give municipal services such as
police and fire protection, library and other services, which are paid for by city
taxpayers, to the unincorporated areas.
Councilman Anderson also spoke of having attended the Convention and pointed out that
he was impressed with the fact that such an organization as the League is in exist-
ence in the State to fight for and protect the interests of cities and taxpayers at
City level.
President Osborn stated he had attended the Convention and spoke of the fine speech
given by the Mayor of San Diego, emphasizing that apparently all cities have many
of the same problems.
OPEN= OF BIDS:
11. Bids were opened and read for the project of constructing a wood frame broom
shed at the Alameda Corporation Yard, in accordance with Specifications and Special
Provisions therefor, Ho. PW 8-51-13, as follows:
From E. D. Mincey, dba Hincey Construction Company - - 3,093.00
Accompanied by cashier's check in amount of - 309.30
From Wm, McIntosh & Son aW, - 3,065.00
Accompanied by certified check in amount of - - - 400.00
From John E. Swenson
Accompanied by personal check in amount of
From Louis J. Ebner
Accompanied by a Bid Bond
From George B. Green
Accompanied by a Bid Bond
- 3,161.00
- - 316.00
- - - 3,786.25
- - 2,924.00
llb
The bids were referred to the City lianager and City Engineer for study and report.
12. One bid was received and read from Jack Erwin Hotors for furnishing one new,
1951 Model, Dodge Coupe at the total net cost of ,1,827.81, in accordance with
Specifications and Provisions therefor, —o. FS 10-51-19. The bid was accompanied
by a certified check in the amount of ,:200.
The bid was referred to the City Manager and City Engineer for study and report.
REPORTS OF COMMITTEES:
13. From the City Hanager, recommending that Dr. David Frost, Health Officer, the
Health Educator, the Director of Nursing and several others of his Staff, be author-
ized to attend the National Conference of the American Public Health Association,
to be held in San Francisco from October 29, through November 2, 1951, and 85. be
appropriated for this purpose.
Councilman Sweeney moved the City Fanager's recommendation be approved; that the
several designated persons be authorized to attend the specified Conference for the
period indicated and the sun of 'TT85. be appropriated for their expenses. 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: 7one. Absent --Tone.
14' the City Manager, recommending that Dr. David Frost, Health Officer, be
authorized to attend the California Conference of Local Health Officers, to be held
in Stockton on November 14, 15, and 16, 1951, and AO. be appropriated for this
purpose.
Councilman Anderson moved the City Manager's recommendation be adopted; that Dr.
Frost be authorized to attend the designated Conference for the specified period
and the sum of A:O, be appropriated to defray his expenses. 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), roes: None.
Absent: None,
15. From the City Manager, recommending that contract be awarded to Ferris Landy
Motors, for furnishing one new, 1951 lodel, Two-door Sedan, for use in the Police
Department, at the bid price of ,1,479.79.
Councilman Branscheid moved the City Fanager's recommendation be accepted; that con-
tract be awarded to Morris Landy 1,lotors for furnishing the needed automobile at the
price quoted and the bid checks be returned to the unsuccessful bidders. 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).
Hoes: None. Absent: None.
16. From the City Manager, recommending a thirty-day extension of time be granted
to Manuel Enos, as requested by him, for completion of his contract to construct
storm sewer laterals on Fillmore Street, between Nigh and Court Streets.
Councilman Anderson moved the City Manager's recommendation be approved and that the
requested extension of time be allowed. The motion was seconded by Councilman
Sweeney and unanimously carried.
17. From E. H. Rogers, Building Inspector, requesting permission to proceed with
the condemnation or that dwelling known as 1318 Court Street, as stipulated in the
Alameda Municipal Code.
President Osborn stated that one detail in connection with the condemnation pro-
ceedings had been overlooked and It would, therefore, be necessary for that regula-
tion to be adhered to in order for the matter to be properly handled.
Councilman Sweeney moved the Building Inspector be instructed to perform the neces-
sary legal obligations in this matter. The motion was seconded by Councilman Jones
and unanimously carried.
18. From the City Manager, stating that metal arch culvert is very difficult to
obtain and the P. J. Artucovich Company has requested the City to sell to it certain
lengths and sizes of salvage corrugated metal arch - and requesting authority to
dispose of this material at the total price offered of
Councilman Jones moved the City Manager be authorized to sell the requested material
at the prices specified. The motion was seconded by Councilman Branscheid and
unanimously carried.
RESOLUTIONS:
19. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4774
Authorizing the Execution of an Agreement with the
Pacific Gas and Electric Company Relative to the
Relocation of the Companyts Facilities for the
Purpose of Providing for the Construction of Storm
Sewers.
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.
20. The following resolution was introduced by Councilman Sweeney, who moved its
adoption:
"Resolution No. 4775
Fixing Salary for Position of Poundmaster in the
Pound Department."
The notion 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: 'Tone. Absent: None. Thereupon the
President declared said resolution duly adopted and rassed.
21. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
thD
fiesolution No. 4776
Providing for Extra Compensation for George W.
Nnoblich, Naintenance Mechanic, for City Service
Performed During Vacation Period."
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: Pone, 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. 4477
Transferring ;48,490.58 from the 1951 Sewer Bond
Fund to the General Fund."
The notion 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: Fone. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
23. The following resolution was introduced by Councilman Sweeney, who moved its
adoption:
"Resolution No. 447e
Adopting Specifications, Special Provisions and
Plans for Sand Blasting, Painting, Repairs and
Other 1:lork at the Alameda City Hall and Garage,
Calling for Bids and Directing City Clerk to
Advertise Sane."
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: :one. Absent: None. Thereupon the
President declared said resolution duly adopted and passed.
24. The following resolution was introduced by Councilman Anderson, who moved its
adoption :
"Resolution No. 4479
Adopting Specifications, Special Provisions and
Plans for Repaving and Expansion of City Hall
Parking Lot, Calling for Bids and Directing
City Clerk to Advertise Same."
The notion 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.
25. The following resolution was introduced by Councilman Branscheid, who moved its
adoption:
"ResoTutio No. 4480
Adopting Specifications, Snec Special Provision, and
Plans for the improvement of Central Avenue,
East of -ernside Boulevard, Calling for Bids
and Directing City Clerk to Advertise Sane."
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 Branscheid, who moved it
adoption:
"Resolution No. 4481
Requesting Cancellation of County Taxes on Fronerty
Acquired by the City of Alameda for nunicipal 'PurPoses."
(Howon property - S. line of Encinal Avenue).
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, (3). Noes: 'one. Absent: 'one. Thereupon the
President declared said resolution duly adopted and passed.
27. The following resolution was introduced by Councilman Branscheid, who moved its
adoption:
11 Re olution No. 4482
Cancelling City Taxes on Property Acquired by
the City for :unicipal Purposes (Nowen)."
(S. line of Encinal Avenue)
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)• Hoes: 2"one. Absent: 7one. Thereupon the
President declared said resolution duly adopted and passed.
28. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 4483
Fixing Time of Payment of Salaries and Compensation."
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). Hoes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
ORDINUTCES FOR ,A,,,S2,GE:
29. "Ordinance Yo. 1041,
New Series
An Ordinance Vacating Sewer Easements in Certain
Lands and Authorizing Execution of Quitclairn Deeds
to Alameda Unified School District and Alameda
rJutual Homes Corporation."
Councilman Branscheid moved the ordinance be adopted as read. 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.
FILING:
30. quarterly Report - Auditor and Assessor - July 1, to September 30, 1951.
31. Specifications - No. P:1 10-51-14 - City Hall and Garage, Sand Elasting,
Painting and Repairs.
32. Specifications - ro. tIDV! 10-51-15 - Repaving and Expansion of City
Hall Parking Lot,
33. Specifications - Fo. Prl 10-51-16 - Improvement of Central Avenue,
East of Fernside Boulevard.
117
BILLS:
34. An itemized List of Claims against the City of Alameda and the several Depart-
ments thereof, in the total amounts as follows, was submitted to the Council at
this meeting: General Departments, c.:8,955.87; Police Department, 'c';1,513.68;
Fire Department, 21359.20; Health Department, Q1,333.57; First Aid Deparment,
Q50.46; Street Department, 2,607.88; Recreation Department, 892.28; Park
Department, U2,098.86: Golf Course Department, .1,047.35; Store Department,
4,005.50: Parking lieter 'Fund, 48.38; Pound Department '92 23. Civil
L y *
Service Department, (33.09; Gas Tax No. 1 Fund, c-118.63; Gas Tax ro. 2 7und,
(')167.04: 1951 Sewer Bonds Fund, ,;;76.65; Traffic Safety Fund, 1,175.73 :
Engineering Department Deposit Fund, -?100.;
Councilman Sweeney moved the bills as itemized in the List of Claims filed with
the City Clerk on October 23, 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: :one. Absent: ,Tone.
35. Prior to adjournment, President Osborn inquired if there were any further
oral communications. There was no response.
ADJOURYIENT:
36. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, November 6, 1951,
at 9:00 o'clock.
Respectfully submitted,