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1951-09-04 Regular CC Minutes93 RErTUTAR TIEETTNG OF TFE COUNCIL OF -THE CITY OF MAMMA HELD TUESDAY EVENING, aEPTTTMITER 4, - 1951 The ieotin9 convened at 500 o'clock P. Y. 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, YTNITTE,S: 1. The minutes of the regular meeting held August 21, 1951, were approved as transcribed. VIRTTTEN COIMUNICATIONS: 2Y Bagley Canning Company of Ashland, OroTon, submitting its Application for Refund of Taxes, covering an erroneous payment on personal property taxes in the amount of ';18.92. Upon its being ascertained that the natter of the refund of taxes had been approved. by the City Assessor and the Application approved as to form by the City Attorney - Councilman. Jones moved the sun. of 13.92 be refunded. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes:- Council- men Anderson, Branscheld, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: Noe. rz\-7 -1 0. 17.om United States Department of the Interior, 3ureau of Reclamation, submit- ting a Contract, No. 175r-2650, dated April 2, 1951, between the United States and Pacific Gas and Electric Company for electric power transmission and exchange service. This communication was referred to the Department of Public Utilities for attention- HEARINGS: v/ • A The matter was called up concerning the appeal of Robert W. Towle, from as rya- Ing of the City Planning Board, denying his petition for an adjustment of the set- back requirements for a building proposed to be erected. in. front of the existing dwelling on his property at 639 Santa Clara Avenue. Hearing on this subject was continued from the last meeting of the Council. President Osborn stated to Mr. Towle that the Council as a whole hacl . been down to visit the property in question and had inspected it thoroughly. He stated, further, that the Council, after discussing the situation, is of the opinion that this mat- ter should be referred. back to the City Planning Board with the request that It give consideration to the adjuatment of the setback for all the commercially zoned pre17)erty adjacent to this particular lot so that any action. which may be taken by the PlannAng Board will be uniform. as it relates to the property classified for com- mercial purposes. President Osborn thereupon invited Mr. Towle to present anything new he might have. Fr. Towle stated he world accept the Council's action as satisfactory. Councilman Anderson thereupon moved the matter be referred back to tho City Planning Poard for review along the linos suggested by President csborn. The notion was seconded by Councilman Jones and unanimously carried. T.E'PCP'S 07 CeITT7TEES; 5/ From the :layer, City Tanager and Auditor, submitting their report on the Count of Fo-ney, held August 22, 1951, at which time there was 15,790,314.34 accounted for, the sum which, according to the Auditor's records, should have been in the City Treasury. Councilman Jones moved the report be accented and filed. The notion was seconded by Councilman Sweeney and unanimously carried. 6. From the City Nanager, recomr-ending that the City Clerk and he be authorized to attend the Annual Feeting of the Shoreline L'ianning Association at Santa 73arbara on Septeinber 14 and 15, 1951 and the sum of :60. be appropriated for this purpose. Councilman Branscheid moved the :_ty :anager's recommendation be adopted and the City Clerk and Cty :-anagor be authorized to attend the snecified meeting at the designated time and that ,)60, be apnropriated to defray their exnenses. The rotion was seconded by Councilman Anderson and or roll call carried by the following vote. Ayes: Councilmen Anderson, 3ranscheid, Jones, Sweeney and President Osborn, (5). Noes: :one. Absent: ''ore. 7. From the City Planning Board, recommending the reclassification of certain property situated on Marshall Way, from the "A-1" One-Family Dwelling District to the "B" Two-to-Four Family Dwelling District, for the nurpose of constructing a Church. The matter was referred to "Introduction of Ordinances." 8. From the Payer, nominating Frs. Doris G. Phelan to the Office of Member of the Social Service Board, to serve the unexpired term of William I,cAuley, resign which will terminate June 30, 1953. The matter was referred to "Resolutions." INTRODUCTI ON OP CRDrANCFS: 9. Councilman Branscheid introduced the following ordinance, after which it was referred to "Ordinances for Passage", to become effective Immediately thereafter - due to its urgency. "Ordinance No. New Series An Crdinance Fixing the Rate and Levying a Tax on All Real and Personal Property in the City of Alameda for The Fiscal Year 1951-1952 and Apportioning the Same Among the Several Funds of the City." 10. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter; "Ordinance No. New Series An Crdinance Amending Sections 7-334 and 7-3322 of Article 3, Chapter 3, Title VII, of the Alameda Municipal Code, Relating to Bicycles." 11. Councilman Branscheid introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying Property by Adding Section 67 to Ordinance No. 725, New Series. (Marshall Way) RESOLUTIONS: 12. The following resolution was introduced by Councilman Anderson, who moved its adoption: Le olution No. 4444 Accepting Grant of Easement from Pacific Coast Engineering Company, a Corporation, in Certain Real Property, for Sewer Purposes, and. Consenting to the 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: Tone. Thereupon the President declared said resolution duly adopted and passed. 13. The following resolution was introduced by Councilman Sweeney, who moved its adoption: 1,e olution No. 4445 Apnointing Nember of the Social Service Board." The motion to adopt said resolution was seconded by Councilman Branscheid and on roll call carried bir 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. 14. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4446 Apnroving and Adopting a Budget for the Fiscal Year 1951- 1952 Appronriating Certain Moneys for the Expenditures Provided in Said Budget for Said Fiscal Year, and Ratify- ing Certain Expenditures Heretofore Made." 95 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: 7one. asent: None. Thereupon the President declared said resolution duly adopted and passed. Councilman Jones requested that T,Cr. Froerer Five certain hlJIili5hts of the Budget and define certain expenditures to be made therein. City lanager Froerer explained that under the Budget as nresently set u7, the tax rate would remain at ',1.72 as in the last Previous year and that with the deduction of t\venty cents -Provided for special school levy, the total operation of the City Government would cost ;1.52 per one hundred dollars of assessed valuation. He stated this would indicate a slight increase in the cost of personal services but that it had been possible to Ieep the rate at ,1.72 by reason of the fact that ther was a sum of :77,000. left over from last year and also that income from sources other than taxes is Foing to be greater than had been anticipated. 15. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4447 Authorizing City a_a,,er to hake Application to State Director of :flan ce on Behalf of the City of Alameda for State Assistance in Defraying Cost of Plans for Construction of Civil Defense Control Center (Project No. 47-36)." 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 : 'one. Absent: -ore. Thereupon the President declared said resolution duly adopted and rassed. 16. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4448 Withdrawing Application to State Director of Finance And Rescinding Resolution No. 3950 (Project 47-211) 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 l'resident Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 17. The following, resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4449 Withdrawing Application to State Director of Finance And Rescinding Resolution 7c. 4326 (Project 47-30)." 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 !"resident Osborn, (5) . Noes! -one. Absent: None. Thereunon the President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Anderson, who moved its adoption: 'Resolution No. 4450 'Zithdrawing Application to State Director of Finance And Rescinding Resolution !To. 4328 (Project 47-32)." 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). !Toes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. With regard to the Resolutions withdrawing, applications and rescinding Resolutions previously adopted, Councilman Sweeney asked for an explanation of this situation. City Manager Free= stated that about six years ago there was allocated to the City of Alameda by the State of California some 47,000. to defray the cost of the pre- 'paration or plans and the acquisition of rights-of-way. He explained that immedi- ately after the aPpropriation was made the Engineering Department proceeded to have the money allocated to certain projects and that over the years there have been nu- merous changes in these projects and it is therefore now necessary to have the allo- cation of these monies chanFed from the old projects to the new ones which have replaced them. 19. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4451 Adopting Specifications, Special Provisions and Plans for the Construction of Traffic Channel at the North- eastern Corner of Fernside Boulevard and High Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes : Councilmen .,,nderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes None. Absent: :':ono. 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. 4452 AdoptIn7 Specifications. Special Provisions and Plans for the Reconstruction of San Jose Avenue from Chestnut Street to 'Fort= Street and of ITorton Street fror San Jose Avenue to San Antonio Avenue, Calling for 5ids and Directing Cit- 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 2resident Osborn, (5). Noes: None. 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: "Resolution No. 4453 Authorizing City lanager to Execute Agreement with „, - East Bay Municipal Utility District." The motion to adopt said resolution was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, T3ranscheld, Jones, Sweeney and President Osborn, (3). -00F: -one. Absent : -one. Thereupon the :resident declared said resolution duly adopted and passed. ORT)IYANCES FOR PASSAGE: 22. "Ordinance No. 1036, New Series An Ordinance Amending the Alameda Nuniciral Code by Adding Subdivision (32) to.eSection 17-432 Thereof, Relating) to Stop Intersections." Councilman. Anderson moved the ordinance be adopted as read. 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_ 23. "Ordinance No. 1037, New Series An Ordinance Amending Section 17-364.1, Article 6, Charter 3, ri'itle HVII, of no Alameda 17uricinal Code, Relating to Parking Limits in Parking Neter Zones." 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 President Osborn, (5 Thee: :one. Absent: None. 24. 'Ordinance No. 1038, New Series *** FILING: An Ordinance Fixing the Rate and 'levying a Tax on A11 Real and Personal Property in the City of Alameda for the Fiscal Year 1951-1952, and Apportioning the Same Among the Several Funds of the City." 25. Financial Statement - I iddleten, Hiller Hackleman - -3ureau of Electricity, as at July. 31, 1951, 26. Budget - Fiscal Year 1951-1952. 27. Specifications - No. P'j: 6-51-9 - Construction of Traffic Channel at Fernside Boulevard and High_ Street. 28. Specifications - Ho. FJ 8-51-12 - Reconstruction of San Jose Avenue and of rorton Street. 97 29. Auditor's Balance Sheet - Fonth ending Auc;ust 31, 1951. 30. An itemized List of Claims ae.ninst the Cit,r of Alameda and several of the Departments thereof, in the total amounts as follows, was submitted to the Council at this meeting: ;-eneral Departments, '23,177.20: Engineering Department Deposit Fund, i4 O. 1951 Sewer 7onds Fund Cr3 568,61: 3 1 Gas 'a 7o. 2 Fund, :8 256.19. Councilman Sweeney moved the bills as itemized in the List of Claims filed with the City Clerk on September 4, 1251, and presented to the Council at thls tire, be allowed and Pad. -'he notion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Bransched, Jones, Sweeney and L'resident Osborn, (5). 1.002: Ione. Absent : :one. ADJOURNMENT: 31. There being no further business to come before the -meeting, the Council adjourned - to assemble in reTular session on Tuesday evenin, September 13, 1951, at 8:00 o'clock ** Councilman Anderson -moved the ordinance be adopted as read. The motion was seconded by Councilman Branscheid and on roll call carried by the followin7 vote. Ayes: Councilmen Anderson, Branschetd, Jones, Sweeney and President Osborn, (5). Noes: Pone. Absent: None. SPECIAL MEET= OP TEE COUNCIL CI? THE CITY OF ALAYEDA HET,ID 9177,91yv 777TJTyr1 ,,.70m,777- 4 1951 The meeting was called to order by President Osborn at 9:00 o'clock P. N. ROLL GALL: The roll was called. and Councilmen Anderson, Branscheid, . Jones, Sweeney and President Osborn, (5), were noted present. Absent,: None. ]TEARING(,: 1. At the request of the President, the Clerk read the ”otice of Special Meeting - for the purpose of holdinc, a hearins on the question of rent control - as published in the Alameda Times-Star, The Affidavit of Publication of said Notice was noted and ordered filed. 2. A T'etition dated May 15, 1951, was read from the Alameda Real Estate Board and the Apartment gouse Association or Alameda County, requesting the CitY Council to hold a public hearing on the matter of declaring the City of Alameda decontrolled from the Authority of the Vederal -Musing Expeditor pursuant to provisions of Para- raph J (3) of Section 204 of the :lousing, and dent Act of 1949, as amended. The Proceedings from this point on were recorded by an official Court leporter. A transcript thereof will be furnished and said transcript will be made a part of the minutes of this Special TIeeting. ADJOURNMEFT: 3. Following submission of the matter, President Osborn stated the meeting would be adjourned to September 19, 1951, at which time it was possible the Council would be in a position to male a decision on the question.