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1950-09-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY' OF ALAMEDA HELD TUESDAY EVENING, SEPTEMBER 19, 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 September 5, 1950, were approved as transcribed. OPENING OF BIDS: 2 No bids were received on the City's call for the project of making Alterations to the Health Center Building - Specifications, Special Provisions and Plans No. PAN 8- 50 -32. Councilman Sweeney moved the City Manager be authorized to negotiate in the open market for the performance of this work. 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. In response to an inquiry by Councilman Jones, Mr. Froerer stated the estimated cost of the work would be approximately 1,000. REPORTS OF COMMITTEES: 3 From the City Manager, reporting on the appeal of K. P. Matthews from the de- cision of the City Planning Board, denying a Use Permit for him to conduct his real estate business in a residential district. Following the reading of this communication, Councilman Jones stated this request brings to light the fact that the existing Zoning Ordinance, in his opinion, is in need of considerable review and change. He pointed out that under the present or- dinance, Mr. Matthews would not be entitled to conduct his business in that area, yet under the same ordinance, other businesses of a similar nature are permitted to operate. He suggested this might be an appropriate time to have the City Attorney review the ordinance with respect to "Home Occupations" and ascertain hove Alameda's position in this matter compares with other cities in the area. Councilman Jones thereupon moved that action on this matter be deferred and the City Attorney be requested to review the ordinance and make recommendations as to the changes which should be made to bring it up to date and eliminate what appears to be gross discrimination with regard to real estate brokers. The motion was seconded by Councilman Sweeney and unanimously carried. 4. From the City Manager, recommending that contract be awarded to George T. Hansen, the sole bidder, for furnishing Fill at the City Nursery at his bid price of thirty cents per cubic yard. Councilman Anderson moved the City Manager's recommendation be followed and the contract be awarded accordingly. The motion 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. 5. From the City Manager, reporting that the work of installing a Storm Drain on Washington Street, between Peach and Post Streets, has been satisfactorily finished and recommending the work be accepted and the Notice of Completion be ordered filed. Councilman Anderson moved the City Manager's recommendation be adopted; that the work in connection with this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Jones and unanimously carried. 6. From the City Manager, recommending that contract be awarded to Gallagher & Burk, Inc., the only bidders, for the project of reconstructing High Street, be- tween San Jose Avenue and Calhoun Street, at the bid price of 23,612.40. Councilman Anderson moved the City Manager's recommendation be accepted; that con- tract be awarded to the designated company for this project. The motion 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. 7. From the City Manager, recommending that Officer J. Eichman be authorized to attend the Fourth Basic Training Class at the Northern.California Peace Officers' Training Center, Santa Rita, from October 2, to 31, 1950, and a sum not to exceed 30. be appropriated for this purpose. Councilman Osborn moved the City Manager's recommendation be followed; that this Officer be authorized to attend the specified training class and the sum of $30. be appropriated for his expenses. The motion 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. 8: From the City Manager, recommending that contracts be awarded to Jack Erwin Motors and to Bay Equipment Company for furnishing the following items in accordance with Specifications No. MS 8- 50 -15: No. 1, One new, latest model two -ton cab and chassis and No. 2, One new, three- nozzle, 1000 gallon tank capacity street flusher, respectively. President Branscheid inquired of the City Attorney as to whether or not both con- tracts could be awarded under one motion and he was assured by IVIr. Whitney that this would be entirely proper. Thereupon Councilman Osborn moved the City Manager's recommendations be accepted; that contracts be awarded to the respective firms for furnishing the specified items and the bid checks be returned to the unsuccessful bidders. 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. 9. From the City Manager, requesting authority to dispose of certain obsolete and junk materials, for which the City has no further use. Councilman Sweeney moved the City Manager's request be granted and he be authorized to dispose of the junk as itemized. The motion was seconded by Councilman Jones and unanimously carried. 10. the Mayor, nominating the following to the office of member of the City of Alameda Defense Council: William G. Paden, Alfred J. Mathebat, Robert K. Ray and George A. Collins, for the term of one year. Councilman Jones moved the appointments made by the Chairman of the Defense Council be confirmed. The motion was seconded by Councilman Osborn and unanimously carried. The matter was then referred to "Resolutions." Commenting on the subject of Civilian Defense, President Branscheid pointed out that the Ordinance, under which the foregoing appointments have been made, has been in effect since 1941 - passed at that time for the purpose of enabling the City to go along wih World War II. He stated that under present conditions, with the serious problems which are going to confront the people of this Country and this section in particular, it has become necessary to again set up a Civilian Defense program. He observed that the City has already made considerable progress in setting up the program which will make available information as to all local sources and protective services and that for these reasons, the Defense Council is being revived as a policy making body behind any Civilian Defense program which might be set up. The President pointed out that this is merely the first step, as the program, if it is to be effective, must be coordinated with the County, State and Federal plans now under way, and that completion of the program will take some considerable time. He stated that as soon as the program gets far enough along, there will be a call for volunteer help and further, courses for the training of such volunteers will, by that time, be fully organized by the School Department which has volunteered to undertake this training work. President Branscheid assured the audience that the City realizes the seriousness of its position and that it is taking all necessary steps as rapidly as possible to protect its citizens. 11 From the Mayor, as Chairman of the Alameda Defense Council, submitting for con- firmation the names of the following appointees to serve as members of the County Disaster Planning Board: J. P. Clark, Representative; W. J. Branscheid, Carl Froerer and William G. Paden, Alternates. Councilman Osborn moved the appointment of the aforementioned representative and alternates be confirmed. The motion was seconded by Councilman Sweeney and unani- mously carried. President Branscheid pointed out that this is also the first step in the coordina- tion of the local plan with the County and other outside cities' plans. INTRODUCTION OF ORDINANCES: 12. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series Authorizing Sale of Real Property to James Hill." (Excess right -of -way property - Marshall Way) 13. 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 Sections 17 -364.1 and 17 -364.2 of Title XVII, Chapter 3, Article 6 of the Alameda Municipal Code Relating to Parking." UNFINISHED BUSINESS: yr 14. The matter of fixing a date for the public hearing on the proposed adoption of Sections 3 and 4 of the Bay Farm Island Master Plan was submitted for action. Councilman Osborn moved this date be set for October 17, 1950. The motion was seconded by Councilman Sweeney and unanimously carried. President Branscheid stated that if there were no objections, this matter would appear as the last item on the Council agenda for that evening. RESOLUTIONS: 15. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4243 Approving and Adopting a Budget for the Fiscal Year 1950-51; Appropriating Certain Moneys for the Expenditures Provided in Said Budget for Said Fiscal Year, and Ratifying Certain Expenditures Heretofore Made." 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. President Branscheid stated that, in working out the budget which has been adopted, the Council had in mind the necessity for the establishment of a Civilian Defense Program, the cost of which it is obviously unable to determine with any degree of accuracy - but the Council did realize that in the event of disaster, there would be an immediate requirement for funds for relief purposes. He stated that it is going to be necessary to establish a City -wide volunteer or- ganization and a communications center which will have to go underground. The Coun- cil felt that p25,000. would be a starting figure and realized this might be only a drop in the bucket in the event of disaster, so in order to keep the tax rate down, the item of Capital Outlays has been entirely eliminated from the current budget and the Council took $50,000. additional and allocated it to the Civilian Defense Fund, with the understanding that in the event it is not used, it will go back to the Capital Outlays Fund. Further reviewing the budget, President Branscheid pointed out that the appropria- tion to each department this year is slightly less than last year and that on the whole, a sincere attemp has been made to reduce the expenses of the City wherever possible. He observed it is a well known fact that the greatest expense of Government is sala- ries and that the Council has attempted to be fair and square with all employees, $pointing out that the tax rate last year was y 1.62 and it is anticipated it will be 1.72 this year. He remarked that the largest part of the increase has been due to the request from the School Department for funds - this department having requested twenty cents this year as against thirteen cents last year. President Branscheid pointed out that un- der the Charter, the school department is permitted to request this amount and the City can do nothing about it, although he stated that the Council had discussed this matter with the Board of Education with a view to having it justify its request. He stated that in the course of this conference it was developed that the School Depart ment plant is badly in need of bolstering up and improvements are greatly needed. Therefore, it was felt that the Department made out a case showing it was necessary to ask for this amount of money. The President pointed up the fact that another item which has added to the tax rate is the Police and Fire Pension Fund demands upon the City. This fund, said the President, was set up many years ago with the idea it would be self- sustaining until 1955 - but it has been proved that it is not self- sustaining and is costing the tax- payers about $108,000. per year against a contribution from the Police and Fire De- partments of only about $9,000. He stated that for the protection of the people who are interested in this pension, the matter must be ironed out and the plan placed on a sound financial basis. He said he could see no reason for letting the matter go until 1955 and then find the City in a very difficult position. He stated that so far as the tax rate is concerned this pension plan is costing the City about twenty - five cents on each tax dollar collected and that the situation is so bad that some- thing is going to be done about it. 16. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4244 In Memoriam to Raymond A. Wheeler "WITH GREAT SORROW, the Council of the City of Alameda records the death of one of its loyal employees, RAYMOND A WHEELER, a Junior Civil Engineer, who had worked for the City since May of 1947; "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of Mr. Wheeler's efficient and conscientious performance of his duties in the Engineering Department, the Council of the City of Alameda hereby expresses its sense of personal loss and its sincere gratitude for the excellent service rendered by this faithful employee. "BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and that a copy thereof be transmitted to the family of Mr. Wheeler, that it may extend to its members a sincere expression of sympathy and condolence; and "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of RAYMOND A.WHEELER." The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman Jokes, who moved its adoption: "Resolution No. 4245 Creating and Establishing the Position of "Senior Stenographer - Clerk" in the Disaster Defense Department of the City of Alameda, Prescribing the Duties and Fixing the Salary Thereof." The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4246 Authorizing the Execution of an Agreement with the City of Oakland, Acting by and Through its Board of Port Commissioners, and Accepting a Conveyance of Real Property." 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. Councilman Anderson asked for an explanation of this matter and City Manager Froerer stated that this represents the culmination of negotiations for the acquisition of lands adjacent to the Municipal Golf Course which have been under way for five and one -half years and that under this deal the City of Alameda acquires one hundred ten and one -half acres close to the Golf Course which land is transferred to the City for its use for park or Golf Course purposes - the only restrictions being that it is subJect to the installation of aviation aids and certain height limitations to con - serve the aeroplane flight angle. He pointed out that the City of Oakland paid up the back taxes on adjacent property within the City of Oakland in the sum of $12,000. Councilman Anderson inquired about the height limitation, as to whether or not it applies only to the land covered by this transaction or to the land owned by Alameda as well. The City Manager stated it applies also to the Golf Course - the height limitation being some one hundred sixty -nine feet, or approximately the height of a fourteen - story building. 19. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4247 Accepting Grant of Easement from Alameda Mutual Homes 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, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. Councilman Jones asked for an explanation of this situation, and Mr. Froerer stated this easement has nothing to do with the existing installation but is for the pur- pose of installing a new trunk line sewer on the northerly prolongation of Fourth Street. Mr. Froerer explained there is one easement in there now on which the existing sewer was not constructed and that the present easement straightens out that situation and provides sufficient width for a new fifteen -inch trunk line sewer which will serve the new high school and certain other properties in the vicinity. 20. "Resolution No. Authorizing the Execution of an Agreement with Congress Construction Corp. for Certain Dredging and Filling Work and Approving the Terms Thereof." Councilman Osborn moved this resolution go over for further consideration. The motion was seconded by Councilman Anderson and unanimously carried. 21. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4248 Approving First Supplemental Memorandum of Agreement for Expenditure of Gas Tax Allocation for Major City Streets and Authorizing Execution Thereof." 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. 22. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4249 Adopting Specifications, Special Provisions and Plans for Installation of Storm Water System on Sherman Street North of Buena Vista Avenue, Calling for Bids and Directing City Clerk to Advertise Same." President Branscheid wanted to know the purpose of the proposed installation. Mr. Froerer stated this is a storm sewer that should be installed at the intersec- tion of Sherman Street and Buena Vista Avenue to pick up storm waters which flood the intersection and the area further to the east and also to relieve the flood conditions which prevail under heavy storms immediately westerly from the California Packing Corporation and the box factory and other plants in the neighborhood. He stated the primary importance of the project is to relieve flood conditions of the railroad tracks and at the intersection of Sherman Street and Buena Vista Avenue pointing out that it will hook up with the fifty -four inch line which goes down to the new storm water pumping plant adjacent to the Fortman Basin. Mr. Froerer stated the financing of this project is 07,500. from the Gasoline Tax Funds and 07,300. from the Traffic Safety Funds, the reason for the split being that Sherman Street is not a major street and Buena Vista Avenue is. Councilman Anderson inquired as to whether or not this would increase the load on the lines to the Fortman Basin so that it would interfere with the drainage of Web- ster Street. Mr. Froerer replied that this additional load would not affect Webster Street in any way because in the design of the over -all situation the addition of this line to the existing system was fully considered. 23. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4250 Appointing Members of City of Alameda Defense Council." ?49 The motion to adopt said resolution 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. Thereupon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 24. "Ordinance No. 1007, 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." Councilman Sweeney observed that this ordinance follows a similar ordinance enacted by another municipality which has stood the test of the Courts and stated he felt sure everybody will be proud to pitch against communism and back up this ordinance. He thereupon 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. 25. "Ordinance No. 1008, New Series An Ordinance Fixing the Rate and Levying a Tax on All Real and Personal Property in the City of Alameda for the Fiscal Year 1950 -1951, and Apportioning the Same Among the Several Funds of the City." 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: 26. Budget - City of Alameda - Fiscal Year 1950 -1951. 27. Specifications - No. PW 2 -50 -15 - Installation of Storm Water System on Sherman Street. 28. First Supplemental Memorandum of Agreement - Between City and State For Expenditure of Gas Tax Moneys for Major City Streets. BILLS: 29. 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, $7,196.46; Parking Meter Fund, $7.96; Police Department, $2,838.45; Fire Department, $733.77; Health Department, $1,128.32; First Aid Department, $97.10; Street Department, $3,842.54; Purchasing Department, $1,396.19; Recreation Department, $576.24; Golf Course Department, $1,141.91; Park Department, $1,887.56: Civilian Defense Department, 0305.29; Social Service Department, $58.03; Civil Service Department, $15.; Pound Department, $67.18; Traffic Safety Fund, $7,670.29; Gas Tax No. 1 Fund, Gas Tax No. 2 Fund, $$326.45; Capital Outlays Fund, $1,736.; City Hall Re- Roofing Fund, $552.37; East Bay Municipal Utility District ,Fund, $2,052.08; Engineering Department Deposit Fund, $190.91. Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on September 19, 1950, 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, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 30. Prior to adjournment, Councilman Anderson stated he would like to know if it would be possible to give consideration to the matter of postponing the next regular Council meeting from the fixed date of October 3, to October 4. Upon being asked if such a matter would require a vote by the Council, the City At- torney stated no vote would be required, but that an indication that the meeting would be continued one day in order that the public might have notice of it would be sufficient. The City Attorney explained that the reason for the requested postponement of the meeting is due to the fact that Senator Knowland is expected to speak at a dinner here on the evening of October 3. Councilman Anderson stated that if the City of Alameda is to be honored by the United States Senator representing this district, giving the people the opportunity to hear a talk on National affairs, he would appreciate the privilege of being able to hear him. 450 Councilman Jones stated he would not be in the City on this particular evening, but would nevertheless move the postponement of the regular meeting to the next evening. The motion was seconded by Councilman Anderson. A voice vote was called for by the President, the result of which was indeterminate. He thereupon requested a roll call, which resulted as follows: Ayes: Councilmen Anderson, Jones and President Branscheid, (3). Noes: None. Not Voting: Councilmen Osborn and Sweeney, (2). Absent: None. President Branscheid thereupon declared the motion carried and announced that the meeting set for October 3, would be held on Wednesday evening, October 4, at the usual hour. 31. President Branscheid announced that the Bell of the Crusade for Freedom will be in Alameda on Thursday, arriving at 4:00 o'clock and will tour the City for one hour, with a short stop in front of the Post Office on Central Avenue. He stated there are scrolls to be signed and that an offering will be taken. 32` At this time, he called on Councilman Sweeney for his remarks concerning Propo- sition No. 1 on the November ballot, and its effect on the City's finances - for which Councilman Sweeney had requested time earlier in the meeting. Councilman Sweeney stated that the personal property taxes which will be collected by the City of Alameda i.f Proposition No. 1 fails to be adopted will amount to $126,177.22 which, added to the Auto In Lieu Tax normally received from the State, in the sum of $206,000. - which is listed as "Revenue Other Than Taxes" in the Budget - would amount to a total deficit of $332,177.22 - if Proposition No. 1 carries. This would result in the increase of the local tax rate to $2.04 or $2.10, which shows how vitally important it is to get out and work for the defeat of this proposition. Councilman Anderson stated that according to other estimates, the local tax rate might go as high as $2.55. President Branscheid pointed out this is only a matter of transferring the re- sponsibility from one group of taxpayers to another, stating that the personal property in the large corporations would escape taxation and the cost of Govern- ment will remain the same, with the burden of meeting the loss being passed to another class of taxpayers. ADJOURNMENT: 33. There being no further business to come before the meeting, the Council ad- journed in respect to the memory of RAYMOND A. WHEELER - to assemble in regular session on Wednesday evening, October 4, 1950, at 8 :00 o'clock. Respectf,lyeu °' tted, ty Clerk