1950-09-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING. SEPTEPJBER 5
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.
MINUTES:
1. The minutes of the regular meeting held August 15, 1950, were approved as
transcribed.
WRITTEN COMMUNICATIONS:
2. From the Shoreline Planning Association of California, Incorporated, setting
forth its program for the year and expressing the hope the City of Alameda will
renew its membership for the fiscal year 1950 -51, dues for which amount to 43250.
and that the fee will be paid as promptly as possible.
Commenting on this communication, President Branscheid stated the City of Alameda
has been for several years endeavoring to take advantage of State funds made avail-
able through the sponsorship of the Shoreline Association and that the only obstacle
in the path of a formal application for the allocation of monies to the City of Ala -
meda lies in the fact that the County Master Plan for Shoreline Development, which
is a necessary preliminary to the filing of an application, has not yet been pre-
pared. He indicated that the City of Alameda portion of the County Plan has been
completed and the County has been asked on numerous occasions to finish up the work
on this Plan - but as yet, nothing has been done.
President Branscheid suggested the matter be referred to the City Manager, with the
request that he contact the County, urging the completion of a County Master Plan
of shoreline development - indicating that when this is done the City will be in a
position to take advantage of the funds which are available.
There being no objections to the suggestion of the President, the matter was re-
ferred to the City Manager.
Councilman Jones pointed out that the letter also suggests that the City of Alameda
continue its membership in the Shoreline Planning Association and moved this be done
The motion was seconded by Councilman Osborn 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.
3, From the Alameda Firemen's Association, submitting a "Comparison Survey Chart"
and its request for adjustments in wages, hours, vacations and holidays.
President Branscheid observed that the Council has had an advance look at the Chart
accompanying this communication and stated that it was his feeling that the matter
should be taken up by the Association with the City Manager for further study and
consideration. He stated the City is presently in the midst of having a study of
these matters made by the Public Administration Service and in the face of this, it
was his opinion that the subjects should be referred to the City Manager and called
to the attention of the Public Administration Service, with the request that they
give the matter consideration and make such recommendations as they might feel
appropriate.
Councilman Anderson moved the suggestion of the Mayor be followed. The motion was
seconded by Councilman Osborn and unanimously carried.
4. From the Triangle Club, an organization comprised of policemen, firemen and
public spirited citizens, in support of the requests of the Firemen's Association,
and also requesting that the recommendations concerning wages and vacation adjust-
ments be applied to the Police Department.
President Branscheid stated the letter should be acknowledged and the Triangle Club
assured that the matter would be given full consideration as in the case of the com-
munication from the Firemen's Association - also, that the Council will be very glad
to keep in touch with the Club and advise with it concerning the situation.
5. From the Alameda Firemen's Association, supplementing its first communication
with the request that the Assistant Fire Marshal be included in the consideration
of adjustments for other personnel.
This communication was ordered filed with the initial letter from the Alameda Fire-
men's Association and referred to the City Manager therewith.
ORAL COMMUNICATIONS:
v` 6 Mr. Robert DeCelle, as President of the Alameda Municipal Civil Service Em-
ployees' Association, addressed the Council, stating that recently there had been
the Council
presented to the Council two proposals which the Association wished /to present to
the people of the City of Alameda for consideration.
He stated that, following his conference with the Mayor, he could see where the mat-
ters of wages and vacations should be laid over until the Public Administration Ser-
vice has completed its survey of the City.
He stated, however, that as to the matter of non - residence within the City, the
Association would like to know at this time what the Council is going to do about
that situation. He stated the Assocation did not wish to have the Council place
itself in a position of jeopardy but it is anxious to have the Council present the
matter to the people for whatever decision they may determine is right. He pointed
out that it would save the Association considerable labor if the Council would fol-
low through on this matter.
Councilman Jones stated the provision was placed in the City Charter because the
people who framed the Charter felt it was a reasonable requirement that the em-
ployees who make their livelihood here should also live here. He stated it is even
more urgent now, in view of the present world conditions, because if an emergency
should arise, it would be expected that all employees of the City respond, and if
they are living outside of the City, the City would lose the benefit of their assist
ante. He stated that it also seemed to him that if it were placed on the ballot, he
would vote against it, as he feels that it is proper that those who receive their
income from the City should also live in the City because they would thereby pre-
sumably take a greater interest in the affairs of the City.
He pointed out the Council is well aware that it is difficult to find places to live
and accordingly, the City Manager has not enforced the rule laid down by the Charter.
He indicated that if the rule were rigidly invoked there would be some thirty or
forty employees who would be subject to dismissal on that ground. He expressed the
opinion that those not now living in the City should endeavor to find homes within
the City as promptly as possible. In conclusion, Councilman Jones stated he would
not want to sponsor a resolution to place this question on the ballot - it being his
belief that if it is to go on the ballot, it should go on as an initiative matter.
He based his opinion on the ground that it is his belief the Council should sponsor
no legislation which is inimical to the City.
Councilman Osborn stated he would like to ask Mr. DeCelle just what idea is back of
this request. Mr. DeCelle answered that as Councilman Jones had already stated,
there are many City employees who cannot find homes in the City - and another thing,
there are some employees who are subject to asthma and sinus trouble caused by the
damp climate here.
He offered the opinion that no doubt the freeholders had a good idea when they in-
serted this provision in the Charter, but that they really referred, at first, to
the elective officers of the City and merely added the regular employees as an after
thought. He suggested that if the Council did not wish to go along with the idea,
it might possibly institute some changes itself that would protect the few employees
who are good employees, when circumstances arise that may force them to live else-
where. He pointed out that it was not the wish of the Association to have the Coun-
cil feel the Association was sponsoring a mass exodus of employees from the City.
Councilman Osborn replied that the Charter was drawn up with a definite purpose in
view - such purpose being to have the City employees live in the City where they are
employed. He stated that, as Councilman Jones has already pointed out, the City
does have some 30 employees who do not live here and he expressed the opinion that
the City Manager has been very tolerant of this situation because of the lack of
housing within the City and he has therefore not clamped down on these employees.
He stated that he could see where, if the Charter were amended in this respect, the
number of employees living outside the City would greatly increase, and this would
be a very serious thing. He stated he felt it is well within the discretion of the
Council to keep this situation as well in hand as possible.
He pointed out that the same condition prevails in the City of San Francisco, but
that he knows that once in awhile an application is presented over there requesting
permission for an employee to live outside the City due to some particular reason -
and such requests are granted.
He stated that Alameda has a marvelous record as far as health is concerned, holding
second place within the State where children's diseases are concerned, and he recog-
nizes that some children might be affected by climatic conditions.
He said he felt the San Francisco rule should be followed here in the proper cases
but that he still believes the City is doing the wise thing to keep its finger on
the pulse and not allow the employees to live outside the City unless it is abso-
lutely necessary.
Councilman Jones inquired of Mr. DeCelle if, to his knowledge, there has been a
single case where a hardship has been worked by reason of an employee not being
dealt with fairly in a situation such as he mentioned. Mr. DeCelle answered he
could not say accurately whether or not anyone has approached the City Manager or
Personnel Secretary in this matter. He stated, however, that he did know of several
instances where the matter of outside residence has come up and prospective em-
ployees were informed of the Charter requirements.
Councilman Jones asked the City Manager if there had been a single employee dis-
missed because of the fact that he dwelt outside the City.
Mr. Froerer stated that none had been during his tenure of office, nor for the four
years previously. He explained that several months ago a letter was sent to each
employee, pointing out the requirement of the Charter and urging them to secure an
maintain residence within the City at the earliest possible date, but that by vir-
tue of the fact that there is a shortage of housing, it would be impossible to try
to enforce this provision of the Charter. He stated, further, there has never been
an approach made to him with a specific request to live outside the City because
of health or any other reason, and that as a matter of course, new employees are
informed of the provision of the Charter on this subject.
Mr. DeCelle stated he would like to have the Council know the Association is not
opposing any restrictions imposed upon persons seeking employment with the City of
Alameda, but pointed out that cases may arise where no one can give a present em-
ployee the opportunity he would like to see him have.
Councilman Sweeney stated that several employees have asked him about this parti-
cular Charter provision and that he has asked them if they have been requested to
abandon their residence outside the City in order to move into the City of Alameda
and uniformly they have said that no such request has been made of them. He stated
that basically he thought it a good requirement that the employees live within the
City and as far as he knows no hardship has ever been created by reason of the in-
ability of anyone to conform.
President Branscheid observed that apparently it is more or less the consensus of
the Council that the present Charter provision is a protective one and it is ob-
vious that the Council is not very favorably inclined toward amending it at this
time.
He stated to Mr. DeCelle that he felt he had explained to him in a satisfactory
manner the matter of vacations, which is now being studied by the Public Adminis-
tration Service.
HEARINGS:
7. The matter was called up concerning the appeal of K. P. Matthews from the de-
cision of the City Planning Board to deny the petition for a Use Permit to conduct
his real estate business from his residence in the "C" Multiple Dwelling District.
Mr. Matthews' communication on the subject was read, and he addressed the Council,
stating that for the past 27 years he has been located adjacent to Webster Street
on Santa Clara Avenue, where he owns some property and where he has conducted a
real estate business for the past three years. He stated that his neighbors have
signed a petition asking that he be given the right to continue this business.
He pointed out that he does no insurance or notarial work, puts up no signs and
that his advertisement in the Alameda Times -Star gives no address, but simply a
telephone number.
Councilman Anderson moved the matter be referred to the City Manager for his inves-
tigation and report, suggesting that at that time the Council might refer the
matter back to the Planning Board.
Councilman Osborn said he would be happy to second the motion but would like to
ask Mr. Matthews if he has been operating this business at that place and why.
Mr. Matthews answered he had been operating for three years but had no permit
not knowing it was necessary, since the property is next to Webster Street. Mr.
Matthews also stated there is a tailor shop and a laundry in the same block as
his residence and in view of these circumstances, he feels he should be allowed
to continue his business.
The question was called for and the motion to refer the matter to the City Manager
was unanimously carried.
OPENING OF BIDS:
8. One bid was presented and read from George T. Hansen, for the furnishing of
Fill for the City Nursery, at the bid price of thirty cents per cubic yard - in
accordance with Specifications and Provisions No. MS 8- 50 -14. The bid was accom-
panied by a cashier's check in the amount of $500.
9. Bids were submitted and read for the furnishing of a Three- nozzle, 1M Gallon
Tank Capacity, Street Flusher, in accordance with Specifications and Provisions
No. MS 8- 50 -15, as follows:
From Bryant Motor Company - - - - - - - - - - - - - - $2,421.33
Accompanied by certified check in amount of - - - 216.30
From Jack Erwin Motors 2,194.01
Accompanied by cashier's check in amount of - - - 220.00
From Reo Motors 3,389.62
Accompanied by check in amount of 723.41
From Bay Equipment Company
Accompanied by cashier's check in amount of - - -
From Western Traction Company
Accompanied by certified check in amount of - - -
$3,311.45
321.50
6,171.23
618.00
10. One bid was received and read from Herbert T. Watson, for furnishing Three
Frequency Modulated Mobile Radio Units in 152 -162 M. C. Band, in accordance with
Specifications and Provisions No. MS 8 -50 -16 - at the bid price of $1,693.32. The
bid was accompanied by a certified check in the amount of x;200.
The bids were referred to the City Manager for study and recommendation.
REPORTS OF COMMITTEES:
11'. From the Mayor, City Manager and Auditor, submitting their report on the Count
of Money held August 16, 1950, showing the sum of $2,558,826.27 in the City Treasury.
The report was noted and ordered filed.
12. From the City Planning Board, transmitting its Resolution No. 19, Adopting
Sections 3 and 4 of the Bay Farm Island Master Plan - Relating to Streets and
Boulevards and Cross Sections of Streets and Boulevards.
President Branscheid stated the next necessary step is to fix a date for the public
hearing before the Council on the adoption of these sections of the Master Plan of
Bay Farm Island, but that inasmuch as the Council has not had an opportunity to
study these sections of the Plan, such date will be set at the next meeting of the
Council.
13`. From B. Jost, Auditor, transmitting his Annual Report for the fiscal year
1949 -50.
President Branscheid commented that the report is now officially on file and it
may be inspected by anyone who desires to make a study of it.
14. From the City Manager, reporting that the work in connection with the reroof-
ing of the City Hall has been satisfactorily completed and recommending that it be
accepted and the Notice of Completion be ordered filed.
Councilman Osborn moved the City Manager's recommendation be followed and the Notice
of Completion of this project be filed. The motion was seconded by Councilman
Sweeney and unanimously carried.
15. From the City Manager, recommending that permission be granted to Lieutenant
Lloyd Wendland and Inspector Robert Allen to attend the Police Administration Con-
ference of the Federal Bureau of Investigation, to be held in San Francisco from
September 12, through the 15th, 1950, and also, that $30. be appropriated for their
expenses.
Councilman Anderson moved the City Manager's recommendation be accepted; that the
two officers named be authorized to attend the specified conference and that the
sum of $30. be appropriated to defray their expenses. The motion was seconded by
Councilman Sweeney and on roll call carried by the following vote. Ayes: Council-
men Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None.
Absent: None.
16. From Arthur W. Agnew, tendering his resignation as a member of the Civil Ser-
vice Board of the City of Alameda, due to the fact that he is leaving the City.
Councilman Osborn stated that with a great deal of regret he moved the resignation
be accepted. The motion was seconded by Councilman Jones and unanimously carried.
President Branscheid commented that he was very sorry to see Mr. Agnew leave as he
was just getting acquainted with the work and doing a very valuable service for the
City.
17: From the Mayor, nominating Mr. Richard F. Houck for appointment to the office
of member of the Civil Service Board - to serve the unexpired term of Mr. Arthur W.
Agnew, resigned - said term to expire June 30, 1954.
The matter was referred to "Resolutions."
INTRODUCTION OF ORDINANCES:
18. 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 to Insure the Loyalty of the Officers and
Employees of the City of Alameda by Requiring Them to
Take an Oath of Allegiance to the United States of
America and the State of California and to Require an
Affidavit Relating to Membership in the Communist Party."
441.
NEW BUSINESS
19. The matter of a contract for the current fiscal year for the performance of
the outside auditing of City records was introduced, and Councilman Anderson moved
the Mayor be authorized to execute such an agreement with the firm of Middleton,
Hiller and Hackleman, Certified Public Accountants, at their proposal price of
0,000. per year.
Councilman Osborn seconded the motion and on roll call it was carried by the follow-
ing vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Brans-
cheid, (5). Noes: None. Absent: None.
RESOLUTIONS:
20. The following resolution was introduced by Councilman Anderson, who inquired
as to whether or not his understanding was correct in assuming that the property
covered by this resolution was required to straighten out a roadway. Upon having
been assured he was correct, he moved its adoption:
"Resolution No. 4239
Authorizing Acquisition of Real Property for Public
Streets and Highway Purposes." (Mecartney Property -
Bay Farm Island).
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.
21. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
"Resolution No. 4240
Adopting Specifications, Special Provisions and
Plans for the Alteration of the Alameda Health
Center Building, Calling for Bids and Directing
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, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
Upon the request of Councilman Osborn, Mr. Froerer explained that the alterations
are made necessary by reason of the installation of an X -Ray Machine which was
donated to the City by the Alameda County Tuberculosis Association and a room
will have to be rovided for its use. He stated the probable cost will be in the
neighborhood of 01, 000.
22. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 4241
Transferring $5,000. from Cash Basis Fund to the
East Bay Municipal Utility District Fund."
The motion to adopt said resolution 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.
Thereupon the President declared said resolution duly adopted and passed.
23. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
"Resolution No. 4242
Appointing Member of the Civil Service Board."
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.
24. At this point, Councilman Anderson moved the Council take a ten - minute recess
for the purpose of discussing certain matters which might require action at this
meeting. The motion was seconded by Councilman Osborn and unanimously carried.
Upon reconvening, President Branscheid stated the matter discussed by the Council
at the recess period does not require any action this evening and therefore, none
will be taken.
ORDINANCES FOR PASSAGE:
25. "Ordinance No. 1004,
New Series
An Ordinance Amending Alameda Municipal Code by
Adding Subdivision 29 to Sec. 17 -432 Thereof -
Relating to Stop Intersections." (Eagle Avenue
and Pearl Street).
Councilman Anderson moved the ordinance be adopted as read. The motion was seconded
by Councilman Osborn and on roll call carried by the following vote. Ayes: Council-
men Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None.
Absent: None.
26. "Ordinance No. 1005,
New Series
An Ordinance Reclassifying Property by Addin
Section 58 to Ordinance No. 725, New Series.
(763 Buena Vista Avenue).
Councilman Anderson moved the ordinance be adopted as read. The motion was seconded
by Councilman Osborn and on roll call carried by the following vote. Ayes: Council-
men Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None.
Absent: None.
27.
"Ordinance No. 1006,
New Series
An Ordinance Reclassifying Property by Addin
Section 59 to Ordinance No. 725, New Series.,
(765 Buena Vista Avenue).
Councilman Osborn moved the ordinance be adopted as read. The motion was seconded
by Councilman Anderson 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:
28. Specifications - No. PW 8 -50 -32 - Alterations to Health Center Building.
29. Financial Statement - Middleton, Hiller & Hackleman - Bureau of, Electricity,
as of July 31, 1950.
30. Eleventh Annual Report - Civil Service Board - 1949 -50.
31. Auditor's Annual Report - Fiscal Year 1949 -50.
32. Auditor's Balance Sheet - Month ending August 31, 1950.
BILLS:
33. An itemized List of Claims against the City of Alameda and several of the depart-
ments thereof, in the total amounts as follows, was presented to the City Council at
this meeting: General Departments, 03,967.27; Capital Outlays Fund, $5,310.;
Traffic Safety Fund, $2,623.03; Engineering Department Deposit Fund, $546.07;
Health Center Garage Construction Fund, $1,496.70; Gas Tax No. 2 Fund, $38,498.29;
Pension Fund, $85.; Health Department, $1.25.
Councilman Jones moved the bills as itemized in the List of Claims filed with the
City Clerk on September 5, 1950, and submitted to the Council at this time, be
allowed and paid. 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.
ADJOURNMENT:
34. There being no further business to come before the Council, the meeting ad-
journed - the Council to assemble in regular session on Tuesday evening, September
19, 1950, at 8 :00 o'clock.
Respect ,;,; ubf fitted,
ty Clerk