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1950-08-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL- OF THE CITY OF ALAMEDA HELD TUESDAY EVENING) AUGUST 1, - 1950 The meeting convened at 8:00 o'clock P. M. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and Presi- dent Branscheid, (5), were noted present. Absent: None. MTNDTES: 1. The minutes of the regular meeting held July 18, 1950, were approved as transcribed. WRITTEN COMMUNICATIONS: From the Medical Staff, Alameda Hospital, recommending the appointment of a committee of five doctors to act in an advisory capacity on subjects pertaining to public health. Councilman Osborn moved the letter be answered, thanking the Staff for its sugges- tion and stating the Council would arrange for a meeting with the doctors to get a better line on their ideas concerning matters of public health. The motion was seconded by Councilman Anderson and unanimously carried. 0. From Alameda Post No. 9, Inc., American Legion, offering its assistance in any way possible under the Civilian Defense program. Councilman Osborn moved this letter be acknowledged, thanking Post No. 9 for its offer of cooperation and assuring it the offer will be given full consideration when plans for disaster defense are formulated. The motion was seconded by Coun- cilman Jones and unanimously carried. 4. From the Division of Highways,-concerning Deeds Nos. 7320, 7321 and 7330, executed by John P. Vollmer, et ux., Roberts Enterprises and Christian M. Kraul, et ux., conveying their respective properties to the State of California for high- way purposes. It was requested that the City cancel the second installment of 1949-50 taxes and subsequent taxes on these properties. Councilman Jones moved the City Attorney be authorized to take the necessary steps preliminary to a cancellation of taxes on the properties referred to. The motion was seconded by Councilman Osborn and unanimously carried. ORAL COMMUNICATIONS: 5. Mrs. Vera Woodworth addressed the Council with an inquiry concerning the status of the local defense program. At the President's request, City Manager Froerer informed Mrs. Woodworth that the City is proceeding in cooperation with the Alameda County Defense Director. He stated the general plans are prepared and the details are now being organized in connection with the over-all disaster defense of Alameda County. OPENING OF BIDS: 1 6. One bid was received and read from Gallagher & Burk, Inc. for the project of the reconstruction of High Street, between San Jose Avenue and Calhoun Street, in the total amount of 23,612.40 - in accordance with Specifications, Special Provi- sions and Plans therefor, No. PW 2-50-3. The bid was accompanied by a certified check in the amount of 2,500. ,J 7: Bids were presented and read-for the project of repairing the "Armory" and con- structing a Steel Wire Mesh Fence, in accordance with Specifications and Special Provisions, No. PW 7-50-29, as follows: From Wm. McIntosh & Son - ----- - --- - Accompanied by certified check in amount of - - From W. A. Rose Accompanied by certified check in amount of - From Steadman & Powell, Inc. 6,180.40 Accompanied by a bid bond From Minton & Kubon 6,287.45 Accompanied by a bid bond 0,988.75 1,000.00 6,31072 631.15 From Samuel Lee 8,062.78 No deposit accompanied the bid and it was therefore not considered. 8 Bids were submitted and read for the purchase from the City of certain property situated on the south side of Marshall Way, as follows: bfi.-WP,SVA.41, .10.7 From Wilburn W. Sharp Accompanied by certified check in amount of - - - From Irene Reed Accompanied by cashier's check in amount of - - From Jean Light Accompanied by cashier's check in amount of - From Alfred Nielsen Accompanied by personal check in amount of - From James Hill Accompanied by certified check in amount of - $1,15000 115.00 1,750.00 175.00 1,000.00 100.00 2,178.00 217.80 2,325.00 232.50 All of the foregoing bids were referred to the City Manager for study and report. REPORTS OF COMMITTEES: 9: From the City Manager, recommending the work be accepted in connection with the installation of a storm sewer on Calhoun Street Extension, between Court and Fountain Streets and that the Notice of Completion be filed. Councilman Anderson moved the City Manager's recommendation be followed; that the work be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Sweeney and unanimously carried. 10.7 From the Retirement Board, transmitting the Report of the Audit of the Alameda Municipal Employees Retirement System as of June 30, 1950. The report was ordered filed. 11: From the City Manager, submitting the Tentative Budget for the fiscal year 1950-1951. In acknowledging the budget on behalf of the Council, President Branscheid stated it has been quite a problem to frame the budget this year due to the anticipated loss of revenue and that it is not certain it will be possible to correctly esti- mate the actual revenue to be received. He stated it has been necessary to make an estimate in order that the budget might be submitted this evening in accordance with requirements of the Charter and-expressed the hope the revenue will come up to the estimate. He stated, further, that between now and the time for final adop- tion of the budget it is possible that some adjustments might be made. President Branscheid pointed up some of the extraordinary items in the proposed bud- get, such as disaster defense and the school tax, as well as the large contingent fund provided for and stated the Council has done its best to keep the rate down and still maintain a satisfactory level of service. He stated the Council had studied the matter from all angles and that it is felt the budget is very well in line. The President thereupon ordered the budget filed - with final approval to be made on the first or third Tuesday in September. Councilman Jones stated it might be well to point out that the expenses of each City Department have been reduced as compared with the figures for the Departments during the past year. 12. Councilman Jones directed the attention of the Council to a certain piece of City-owned property located at the northeast corner of Clement Avenue and Grand Street currently under lease to the Navy. He suggested the time is at hand when the City should negotiate with the Navy for the cancellation of the lease in order to make the property available for other use. He thereupon moved the City Attorney enter into negotiations with the Navy Department with a view to bringing about the cancellation of the lease. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 13. President Branscheid informed the Council that the term of Cecil Burnley as a Commissioner of the Housing Authority of the City of Alameda would shortly expire and that if it met with the pleasure of the Council, he would nominate him for re- ' appointment to serve a full term commencing August 11, 1950, and expiring August 10, 1954. Councilman Anderson moved that Cecil Burnley be re-appointed as a Commissioner of the Housing Authority for the designated term. The motion was seconded by Council- man Osborn and unanimously carried. INTRODUCTION OF ORDINANCES: 14. 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 Regulating the Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Conversion, Demolition, Occupancy, Equipment, Use, Height, Area and Maintenance of All Buildings and/or Structures in the City of Alameda; Providing for the Issuance of Permits and Collection of Fees Therefor; Providing Penalties for the Violation Thereof and Repealing Ordinance Nos. 898, 904 and 961, New Series, and All Other Ordinances and Parts of Ordinances in Conflict Herewith." 15. 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 Amending the Alameda-Municipal Code by Adding to Title XI, Chapter 1, Article 8, Section 11-1811 Thereof, a New Subsection to be Known as Subsection (4)." UNF NISHED BUSI NESS: 16. The matter was again presented concerning the requested rezoning of certain tidelands owned by Congress Construction Corporation, lying south of Central Avenue in the west end of the City - which had been recommended by the City Planning Board under specific conditions. President Branscheid stated this matter has been under active consideration by the Council for sometime and inquired of the Council whether or not it wished to con- sider it further before taking action. Councilman Sweeney stated that, in his opinion, the Council has had plenty of time to consider the subject and thereupon moved the tidelands under consideration be not rezoned. The motion was seconded by Councilman Osborn, and without further discussion, the roll was called and the motion carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, and Sweeney, (4). Noes: President Branscheid, (1). Absent: None. President Branscheid stated that in the consideration of a matter of this sort many factors must be recognized. He stated he had gone over the matter carefully, had read every letter written by the West Alameda Association and its representatives and that he felt very deeply on the subject and had sympathy with the views of the people in the West end. He observed, however, it must also be recognized that the City of Alameda has within its boundaries a large Naval Air Station which is a per- manent part of the City, and that it must be realized that the Station will be manned by people who will come and go - who will move from this Station to some ' other assignment and by reason of the fact that they are constantly moving around, cannot, afford to purchase homes in which to settle for only a short time. He stated that in view of this situation, there is a need in the City of Alameda for places in which these people might live during their short stay. He pointed out that the lands under consideration have been vacant for many years and have been of no parti- cular value to their owners or to the City for tax revenue. He stated that, in his opinion, this was a golden opportunity to get the property on the tax rolls for some six and one-half million dollars - and pointed out that the action of the Council is going to result in cost to all the taxpayers of the City. He indicated that individual homes do not carry their own weight as far as taxes are concerned and that multiple dwellings and industry are needed in the City if this condition of unbalance is to be met. President Branscheid concluded his remarks with an expression of the opinion that he could not help but feel the Council had passed up an opportunity to greatly benefit the City of Alameda. Councilman Jones stated he was very largely in agreement with the views of President Branscheid. He said he felt, however, that since this matter was first brought up and discussed, the world situation has changed very markedly and it was'his opinion that even though such an ambitious program were undertaken at this time, it is doubt- ful if it could be completed - due to material shortages, etcetera. He stated that, in view of the indefiniteness as to when the project would start - together with the fact that the tie-in with the Navy might result in buildings such as now exist in Makassar Straits Village, he felt obligated to vote against the rezoning of the property. Councilman Osborn stated he was heartily in favor of developing all lands possible of development in the City of Alameda and building them up to a position of real value on the tax roll. He stated, however, he wanted these lands developed in a way that the City of Alameda will feel pride in them and in a way that will reflect their true value on the assessment-rolls. He stated that, after studying the draw ings submitted at the last meeting, it was his firm conviction that the type of de- velopment proposed by the Congress Construction Corporation is not the type which would be the best for the City. He agreed with President Branscheid there should be multiple dwellings and said that if the proposed buildings were in the nature of apartment houses, he would have a different feeling about them. He stated, however, that when he studied the plans submitted, they looked too much like barracks and he was convinced that the construction of this type of building would not be to the best interests of the City. Councilman Sweeney stated that personally he did not agree with many of the state- ments of the President. He stated he has always been a firm believer in pride of possession and that the only way to gain an interested citizen - a good American citizen - is to give him, wherever it is possible to do so, the pride of posession. He remarked that people do not get this pride of possession through living in apartments and pointed out that there-is plenty of other land available for this type of construction. He stated that, in his opinion, the proposed construction is nothing but a pattern to go right down the south shore. Councilman Anderson stated that it was his understanding that in the City of'Alameda today there are no single-family dwellings for rent - while at the same time, he has been informed there are more than 600 multiple units for rental - which number does not include war housing vacancies. He said that, in his opinion, the benefits out- lined by President Branscheid need not be lost to the City inasmuch as there is other land where such a project could be constructed, rather than on what he con- sidered to be the best land the City has left. He pointed out that there is less than 30% of the land of the City, outside of that zoned for industrial and business use, that is available for single-family dwelling use and he felt this is a nominal percentage and the City is entitled to retain that amount of land for the benefit of the people who want to have a home of their own and live in it. RESOLUTIONS: 17. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4230 Transferring ..25,000.00 from the Cash Basis Fund to the Library Fund. " The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4231 Transferring 20,000e00 from the Cash Basis Fund to Miscellaneous General Expense Account 70-b." The motion was seconded by Councilman-Sweeney and on roll call carried by the follow- ing vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Brans- cheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4232 In Memoriam of Victor L. Hoffman." The motion to adopt said resolution was seconded by Councilman Sweeney'and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 20. "Ordinance No. 1001, New Series An Ordinance Amending 1-Hour Parking Limit - Subdivision 13 of Sec. 17-364.1 and Amending Sec. 17-364.3, Article 6, Chapter 3, Title 17 of the Alameda Municipal Code." Councilman Osborn 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, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None, FILING: 21. Report of Audit - George B. Middleton & Co.-- City of Alameda Municipal Employees' Retirement System, as of June 30, 1950. MP YMMIMAgal WA. vmvxm 430 PUBLIC HEARING: 22. The hearing was called up on the adoption of Sections 1 and 2 of the Bay Farm Island Master Plant relating to land use. An official reporter was on hand to report the proceedings of the Council had on this matter and the transcript thereof is, by reference, made a part of these minutes. On motion of Councilman Osborn, seconded by Councilman Anderson, thehearing on the subject was continued to the next regular meeting of the Council. The motion was unanimously carried. 23. Following the hearing on the Bay Farm Island Master Plan, President Branscheid brought up the matter of a motion made at the last meeting of the Council with reference to the rezoning,on the Council's initiative, of certain property on Bay Farm Island. Councilman Jones stated it was his understanding, after consulting with the City Attorney, that it is necessary to refer this matter to the Planning Board and that, as a consequence, a resolution has been prepared which will request the Planning Board to conduct a hearing to discuss the matter of changing the zoning of eigh- teen lots owned by M. Lee on Maitland Drive back to the "A" One-Family Dwelling District. Councilman Jones pointed out this procedure will give the people of Bay Farm Island an opportunity to present their case as to why the property should be placed back in "A" zone - and Mr. Lee will have the same opportunity to request its retention in the "A-1" District - and this resolution will set the plan in operation. President Branscheid outlined the history of this matter in considerable detail and pointed out that the owner of the property in question had a perfect right to start construction on any, or all, of these lots and that if he has started construction at the time the Council may elect to rezone the property back to the "A" District, this action of the Council could not interfere with his building. He indicated that in the normal course of things, this matter will probably reach the Council at its first meeting in September and the'ordinance, if eventually adopted, would become effective sometime late in October. Councilman Osborn stated he would like to ask the City Attorney what would happen if the City were to take such action and pass an ordinance rezoning the property back to the "A" District insofar as Mr. Lee's having legal recourse against the City. City Attorney Whitney stated it was his opinion that Mr. Lee would be in position to go into Court and force the retention of his property in the present zone. Councilman Jones stated the only purpose of this action is to give the people of Bay Farm Island a full opportunity to submit their side of the case because of a denial of proper notification due to the lack of proper posting of the notice of hearing. He stated he was not discussing the merits or demerits of the rezoning, but merely the lack of notice of the proposed rezoning. The following resolution was introduced and Councilman Jones moved its adoption: "Resolution No. Resolution-of Intention to Change Zone, On Council's Own Motion, of Certain Real Property in the City of Alameda, County of Alameda, State of California." There being no second, the motion was lost. BILLS: 24. 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 Council at this meeting: 'General Departments, $631.38; City Hall Reroofing Fund, $3,709,43; Gas Tax No. 2 Fund,-$31;294.60; Engineering Department Deposit Fund, 0693.36; Traffic Safety Fund, $4,242.00. Councilman Jones moved'the bills as itemized in the List of Claims filed with the City Clerk on August 1, 1950, 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, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. ADJOURNMENT: 25. There being no further business to come before the meeting, the Council ad- journed, to assemble in regular session on Tuesday evening, August 15, 1950, at 8:00 o'clock. Respect / bmitted, 0- ty Clerk