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1950-02-21 Regular CC MinutesREGULAR ;MEETING OF THE COUNCIL OF THE CITY OF AL MEDA HELD TUESDAY EVENING, FEBRUARY 21, 1950 The meeting convened at 8:00 o'clock P. M. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4), were noted present. Absent: Councilman Jones, (1). MINUTES: 1. The minutes of the regular meeting held February 7, 1950, were approved as transcribed. WRITTEN COTIMUNICATIONS: 2. From the Meter-Ad Corporation of America, submitting its offer to install park- ing meter ads, to provide a new source of revenue for the City. Yr. Hollister Smith, Attorney, representing the J/eter-Ad Corporation, addressed the Council, and presented a sample of the meter-ad holder which would be substantially similar to the holder to be used in Alameda, provided the City enters into an agree- ment with the company. Jr. Smith outlined the policy of the :'eter-Ad Corporation in the matter of dividing the revenue derived from the advertising - stating that the rate for Alameda had been set at )3.00 per month per meter, with the City get- ting one-third of the revenue, or approximately 1:7,200. annually. Through inquiries made by members of the Council, the following facts were developed that the advertising would be largely local rather than national, with preference given to local advertisers; that the company would arrange that no advertising of a competitor would be placed in front of the business of a local merchant; that in the case of damage to the meter-ads, they would be promptly replaced by the company. Councilman Sweeney thereupon moved the matter be referred to the City lanager with the request that he contact the Chamber of Commerce concerning the subject and re- port his findings at the next meeting of the Council. The motion was seconded by Councilman Osborn and unanimously carried. From John P. Ward, requesting the Council to abandon a certain sewer easement granted to the City by the Southern Pacific Company, covering a piece of property located at the southeast corner of Main Street and Atlantic Avenue. President Branscheid asked the City Manager to make a report on this matter. Mr. Froerer explained that, as set forth in Mr. Ward's communication, the existing sewer bi-sects the property of Mr. Ward, and while it is not being used at the present time, it would be necessary to retain it in order to provide for possible future sanitary and storm sewers or to secure easements going around this property so that the property could be built upon and in order that easements for the neces- sary future sewers be nrovided. The Gity Manager stated he had suggested that Fr. Ward secure an easement from the Alameda Belt Line and the Federal Government, but that Mr. Ward proposes to hold the southerly twenty feet of his property for narking purposes - which area could be used for laying the replacement sewer - and this would be the easiest method of handling the situation. He pointed out that there would be additional expense in- volved in making the easement arcrind this property because of the increased length of pipe and the need for manholes. Mr. Ward then addressed the Council, asking that the easement from the Southern Pacific Company to the City be read to the Council, in order that it night know what it is being requested to act upon. He stated the easement clearly nrovides that when the sewer is not being used, it is considered abandoned and when aban- doned, the easement is abandoned. President Branscheid pointed out to Mr. Ward that this matter has come before the Council for the first time this evening, and it is totally unfamiliar with the en- tire situation and it will be necessary to give the matter further study and inves- tigation before a decision can be reached. He stated the Council would be glad to work with Yr. Ward and grant his request if possible, and suggested that he might work a little closer with the City Fanaser and straighten out this situation. Councilman Sweeney thereupon moved the matter be referred to the City Attorney for investigation and report. The motion was seconded by Councilman Anderson and unanimously carried. 4' Fr. E. S. Agnew, First Vice President and Chairman of the Boxing Committee of Alameda Boys' Club, Inc., stating the Club contemplates holding Amateur Boxing Contests once a month as a means of procuring income for the benefit of the Boys' Club work - and inquiring If the Council had any objections to the proposed activity ,,PPwmgAr,,t*rAws,o,,,,mommrVgVmMgPvf'm,s...5mmmfo.Amnv.Rm-+r,N,rgpmmv-gmxg:IMtmmz0.v,V•M ' 355 rr. Agnew addressed. the Council, following the reading of this communication, stating he had called up the City Attorney to ask about the matter and he was present tonight to ascertain if anybody had any objection to the program, pro- vided it was not in conflict with any local ordinances. He stated that all ar- rangements had been made to go ahead but he wished to be certain the Council would have no objection to the holding of these Amateur Boxing Contests even though there was no ordinance prohibiting them. President Branscheid stated he felt there was probably no objection, but the Council would like to know something about the legality of the program as far as the City is concerned. Nr. Agnew stated he would to know if the Council would object if he were to go ahead with the filing of the necessary papers in order to get the natter underway, with the understanding that proceedings could be brought to a halt if any legal objection were found to the program. The City Attorney stated that to his knowledge, the only thing that affects the situation is the license ordinance of the City and stated that a short time ago a proposal for the holding of boxing matches was presented to his office ard Hanson, Deputy City Attorney, had gone into the matter and found no restrictions against it. Councilman Sweeney stated he had no personal objections and the only question he would have was the one the Yayor propounded to the City Attorney as to the legality of holding such matches. He thereupon moved the Council give approval to the hold- ing of these boxing bouts. The motion was lost for the lack of a second. President Branscheid then stated that Yr. Agnew could proceed with his filings, but before the Council takes any official action, it would be necessary to check the legality of the proposed program. 5. Application for a permit for the public display of fire works to be held in conjunction with the launching of the American Red Cross Drive was submitted. There being no one present to represent the Red Cross in this matter, President Branscheid requested Fire Chief Lane to explain the situation. Chief Lane stated that the application is not fully completed and if the application is granted, the State law concerning the use of fire works must be closely followed. He pointed out that while the application mentions aerial bombs, the applicant really plans to use a ground bomb and if this can be done, the permit should be allowed with the understanding that the applicant completes his application to the entire satis- faction of the City. City Manager Froerer stated he did not know what danger might be involved in the use of these explosives, pointing out that the blast will be directed into the air and there will not be much danger involved according to the Fire Chief. He stated he thought the matter of policy in the handling of such matters is very important and that, in any event, if the Council should decide to grant this permit, subject to the City Attorney's approval, it should be granted only on the condition that all requirements of the State law are met and on the further condition that all regulations prescribed by the Fire Chief and Chief of Police are complied with. Councilman Anderson inquired as to how many windows might be broken by these bla stating that he doubted if many people were insured against this type of loss. Chief Lane stated that public liability insurance would have to be furnished and he was informed that the rational Red Cross carries insurance coverage on all local chapters. He stated, however, that he had not seen the policy, but the man who discharges these bombs is said to carry compensation insurance and public liability. Councilman Anderson inquired further if Chief Lane knew what happens when these bombs go off. Chief Lane answered that they had killed two people in Oakland a couple of years ago. Councilman Osborn stated that while he was heartily in favor of the objectives of the American Red Cross and the success of its drive, as far as allowing it to start off its campaign by firing these bombs in the vicinity of the High School and many windows, he did not want to place himself in the position of granting permission to do that and assume the responsibility of endangering these buildings and possibly the lives of persons standing by. He thereupon moved the application for the use of these bombs be denied. The motion was seconded by Councilman Anderson and unanimously carried. ORAI, COMMUNICATIONS: 6. Mr. Paul Gutleben 1917 Stanford. Street, addressed the Council on the matter of the activities of The Learner Company at the foot of Stanford Street and cited the provisions of the ordinance relating to non-conforming junk yards. He pointed out the lack of fences to screen the activities of the junk yard, as required by the ordinance. He stated he had been unable to ascertain who had jurisdiction over the property on which The Learner Company operates and he was desirous of finding out just what can be done towards abating what amounts to a nuisance. President Branscheid stated that Mr. Gutleben had asked a lot of questions which could not be answered off-hand, and suggested he write a letter to the City Manager, following which the matter could be taken up and properly disposed of. Mr. Gutleben stated he would do this and went on to congratulate the Council on the appearance of McKinley Park- although he dePlored the lack of tennis courts and a baseball field. 7: Mrs. Fannie Lehmann addressed the Council with regard to the housing projects, and directed several questions to the Council, chief among which was one pertaining to the policy she claims has been adopted by the Housing Authority of closing off all vacancies for future rental. The City Attorney informed T:rs. Lehmann that the City has no authority over this matter - it being one entirely within the provisions of the Housing Authority. Several related matters were discussed by Mrs. Lehmann, to which the City Attorney replied that the matters lie entirely within the jurisdiction of the Housing Authority and the only function of the Council is to work with it under the regu- lations of the Federal Government. 8 Mordell, Business Manager of the Alameda Chapter of the Disabled Veterans, addressed the Council with the request that his organization be permitted to stage a circus carnival in the City of Alameda during the period from April 26, to 30, both inclusive, 1950. He stated this will be a high-class show, with no animals but nroducing top flight vaudeville acts and a carnival circus. He stated the pro- gram would be presented in the Veterans Memorial Building in Alameda and all legal Phases are covered, such as public liability insurance, etcetera. He stated the concessions would be set up in booths to be rented to such organizations. He re- marked that there would be no gambling and that everything would be operated in a first-class mariner. He stated he had talked this matter over thoroughly with the City Manager. Councilman Sweeney then asked that the City Manager be requested to make a report. Mr, F'rcerer stated that if it is true that the Disabled Veterans had purchased all equipment necessary to put on this performance, as stated by Mr. Mordell, the or- ganization will not be liable for a carnival license fee. He stated there is no conflict between the dates requested by Mr. Mordell and the dates already granted to the Foley & Burk Shows. Councilman Sweeney moved the permit be granted, subject to the approval of the City Manager under the name of the Alameda Chapter of the Disabled Veterans of America for the dates referred to. The motion was seconded by Councilman Anderson and unanimously carried. S. Mr. Richard Thunder arneared to represent the Red Cross in its application to use bombs in launching the current campaign. He stated that while the application indicates the use of a one-pound bomb, the one proposed to be used would be much smaller. He stated that everything would be covered in the way of property damage and liability, etcetera, and such matters would be submitted to the City Manager for his approval. Councilman Anderson suggested that proper provisions have not been made to take care of the situation, pointing out that the Council has a responsibility to the people and cannot take a chance on what might happen. He remarked that he felt this matter should have been presented earlier for investigation by the City Manager so that everything could have been taken care of adequately and definitely. Mr. Thunder inquired if his committee cleared everything with the City Manager would it be permitted to go ahead. Councilman Anderson answered that the Council refers these matters to the City Manager, not for decision, but for investigation and re- port, with the decision to be made by the Council. There being no motion to rescind the previous action of the Council on this subject, the matter was dropped. OPENING OF BIDS: Bids were received and read for the furnishing of Fairway "Topping" Material to the Golf Course, in accordance with Specificaticns and Provisions therefor, No. MS 2-50-3, as follows: m Castro Valley Rock Co. Accompanied by check in amount of From Powell Bros., Inc. Accompanied by certified check in amount of - From Oliver de Silva Accompanied by proposal bond not to exceed. From R. C. King (Two bids) Accompanied by certified check in amount '500.00 309,00 400.00 348.00 The bids were referred to the City Manager for his study and report. 357 358 REPORTS OF COMMITTEES: 10. From the City Attorney, stating that his office had been informed the Railway Express Agency, Inc. has made application to the Public Utilities Commission for an order permitting the closing of the Agency office in Alameda. He requested the Council to instruct his office as to whether or not it wished him to file an opposi- tion to the application. Councilman Sweeney moved the matter be referred to the City manager for further in- vestigation, and that he contact the Chamber of Commerce for its reaction to the suggestion made by the City Attorney. The motion was seconded by Councilman Osborn and unanimously carried. INTRODUCTION OF ORDINANCES: 11. Councilman Osborn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amendinp the 'Alameda Municipal Code by Adding Subdivisions (23) and (24) to Section 17-342, Relating to Two-Hour Parking." RESOLUTIONS: 12. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Re elution No. 4137 Transferring 18,428.43 from the Bay Farm Island Sewer 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, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 13. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4138 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 Flans for Imnrovement of San Jose Avenue from High Street to Chestnut Street (Project To. 47-27)." The motion to adopt said resolution was seconded h7T Council= Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 14. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4139 Accepting Conveyance from John C. Grantham and Shirley A. Grantham, His Wife, of Certain Real Property and Consenting to the Recordation Thereof." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 15. "Resolution No. Authorizing Filing of Application with the United States of America for an Advance to Provide for the Advance Planning of Non-Federal Public Works Under the Terms of Public Law 352, 81st Congress of the United States, Anproved October 13, 1949 - (Golf Course - Additional First Nine Holes). Following the reading of the title of this resolution, Councilman Sweeney asked the City manager to explain the situation. Fr. r;'roorer explained the natter fully, stating that the total amount involved would be in the neighborhood of 70,000. 505 of which would be supplied by the Federal Government at the outset, with the balance being furnished by the City, subject to a refund of the same in the course of the planning. He stated the money advanced would be in the nature of a loan - non-interest bearing - and it would be subject to renayment when construction of the planned facilities was undertaken. 359 Councilman. Sweeney thereupon moved the adoption of the resolution . lost for the lack of a second. 16. "Resolution No. Authorizing Filing of Application with the United States of America for an Advance to Provide for the Advance Planning of Non-Federal Public Works Under the Terms of Public Law 352, 81st Congress of the United States, Approved October 13, 1949 - (Golf Course - Additional Second Vine Holes)." motion was The above title was read and there was no motion for adoption- Councilman Sweeney stated he had made a motion. to adopt the first resolution of these nine similar resolutions for proposed projects after particularly asking that the City Manager explain the situation, and inquiring of him if the City is obligated to go ahead and carry out the plans Councilan Anderson stated he had heard of this matter for the first time this evening and that after hearing the City Manager's explanation he wanted to know how long the City's money must remain up before it is refunded. He stated that in view of the large amount of money involved, some '7 000., he would like to have more details before voting to proceed with it. Mr, Froerer stated the authorization given by these resolutions merely grants per- mission to the City Manager to make application on behalf of the City and does not carry with it any assurance of having the request granted. He pointed out further that before any action is entered into everyone of the projects will come before the Council for its review and no obligation would be assumed by the Council in passing these resolutions tonight. Councilman Osborn stated he did not know of any definite Plan on the nart of the City to finance any of these projects and he thought the City should have a defi- nite plan of financing, and that under those conditions Inc would Inc glad to go ahead with the planning of them and with the actual work of construction. At this point, Councilman Anderson moved the matter be referred to the Committee of the Thole for further study, stating he felt every member of the Council should have it clearly in mind as to how the City is going to proceed in this matter. The motion was seconded by Councilman Sweeney and unanimously carried. City Attorney Whitney, in discussing the question, stated he was doubtful if Coun- cilmen Anderson and Sweeney fully appreciate the tenor of the motion made. He out- lined the procedure to be followed in going ahead with the applications and the filing of them, and pointed out that no financial obligation would be assumed by the adoption of the resolutions before the Council. Councilman Sweeney agreed this was his understanding of the matter, but that he felt a two-weeks' delay would not make any difference. He thereupon called for the ques- tion, which was put by President Branscheid and the motion was unanimously carried. ILLS: 17. An itemized List of Claims against the City of Alameda and the several Depart- ments thereof, in the total amounts as follows, was presented to the Council at this time: Fire General Departments, 7;a7,238.19; Police Department, '2,586.82; Department, ,1,455.84; Street Department, '4,052.14; Health Department, e1,272.47; First Aid Department, :91.21; Park Department, 2,789.44; Recrea- tion Department, ':;817.06: Golf Course Department, '778.61; Store Department, e'638.31; Social Service Department, 490.87: Pound Department, e54.74: Civil Service Department, :''15.: Traffic Safety Fund, :1;1,785.72.3; Yorthside Storm Water Disposal System Fund, 19.58; Gas max No. 1 Fund, 93.02; Gas Tax Uo. 2 Fund, 4:82.15; East Bay l'unicipal Utility District Fund, (.32 3 006.03: Special Street Lighting Fund, 313,245.70; library Remodeling Fund, ;,83.20. Councilman Anderson moved the bills as itemized in the List of Claims filed with the City Clerk on February 21, 1950, and submitted to the Council at this meeting, Inc allowed and paid. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). ADJOURNITENT: 18. There being no further business to come before the meeting, the Council ad- journed, to assemble in regular session on Tuesday evening, March 7, 1950, at 8:00 o'clock.