1950-12-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF -THE CITY OF ALAEDA
HELD TUESDAY EVENTM, DECEMBER 191 - - 1950
The meeting convened
8:00 o'clock P. M. with President Branscheld 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• Approval of the minutes of the adjourned.
was postponed to the next meeting.
r meeting held December 12, 1950
WMTTEN COMMUNICkTIONS:
2. From the League of California Cities, enclosing a statement for its annual ser-
vice charges for the calendar year 1951, and explaining the population figure of the
official. Federal Census on which the City's dues are based.
Commenting on this communication, President Branscheid observed that the City. of
Alameda has always paid. its dues to ne League as a budget item, and after the com-
mencement of the new fiscal year in July. He stated it cannot be foreseen what is
going to happen to the official census - the latest information available being that
the new figure would not be certified until well . after the first of the year.
President Branscheid suggested that until. such certification is actually made the
payment should be deferred. and when .. it comes up In July, it can be reconsidered. on
the basis of the certified census.
There being no objections to this procedure, the communication was ordered filed
for the present.
o. From the East Bay Municipal Utility District, concerning its proposals for
financing the sewage disposal project of Special District No. 1.
President Branscheid stated this matter is being actively discussed by the District
and. assured the Council the City will have adequate representation at the meeting to
be held December 20, with proposals on service charges and on the manner in which
these charges should be computed. Ee stated that the present suggestion . is that the
charge be based partly on the assessed. valuation and partly on the consumption of
water - and he observed that this seems to ho as sound a means of arnivinJ at a
fair figure as can be devised.
From the Department of Public '2orks, Division of Highways, requesting notifica-
tion of any hearing to he hold in connection with the application by a privately
owned utility comnany for a new franchise or for amendment of an existing franchise.
President Eranscheid inquired cP the City Attcrney as to whether or not any new
franchises were in contomplation or coming up for renewal. r. 7hitney answered
that nothing this sort Is pending.
The Clerk was requested to acknowledge the cormrunication informing the Highway Com-
mission that it will be given due notice of any bearirgs on any old or new fran-
chises which may be in the offing.
5. From tho California Dental Association, claimirg the water in this area is be-
low the desired standard fluorene content and asking that the East Day hunicipal
Utility District be requested to put this chemical in the water.
President Branscheid suggested this letter be referred to the Health Department for
study and report - and the suggestion was unanimously approved.
HEARINGS:
o. The matter was called up concerning the adoption of Section 4 of the Master Plan
of Bay Fa= Island, amending said section to the effect that streets of minor impor-
tance be not less than 32 feet in width,
The Clerk read the Notice of Public Hearing in this matter and informed the Council
that the Affidavit of Publication of same was on file.
President Branscheld pointed out that this Plan had been before the Council sometime
ago, at which tine the Council had suggested the matter be referred back to the
Planning Board with the recommendation that the streets of minor importance be 32
fleet in width rather than 30 feet as approved by the Planning Board at its original
hearing, and that the Plan is now back before the Council with the amendrent
requested.
The
ng was thrown open for suggestions, by anybody who cared to make them.
480
Councilman Jones pointed out that inasmuch as the amendment suggested by the
Council has been made by the Planning Board, and as the amendment brings the
Plan up to the desired standard, he would move that Section 4 of the Master Plan
of Bay Farm Island be adopted as outlined by Mr. Kenneth F. Jones, Planning
Consultant.
The motion was seconded by Councilman Osborn and unanimously carried.
7 Application was presented from Richard Riehl for a permit to fill the property
located at 917 Versailles Avenue by truck dumping of rock material.
The application in this matter was reviewed by the Clerk and President Dranscheid
asked the City Manager for his report.
Yr. Froorer stated the Engineering Department has investigated this matter and
there is but one item that should be gone into - that is the retaining wall adja-
cent to the waters of San Francisco Bay. He stated that, in his opinion, this
matter can be easily adjusted by the kind of grade and materials used for this
fill. He suggested the permit be granted with the provision that this matter be
satisfactorily worked out.
At this Point, Er. Riehl addressed the Council on the subject, stating that this
fill is not being made for the purpose of creating a lot, but is to be made to
repair damage which has been caused by the high tides and which has undermined
the brick wall now on the property. He stated that by reason of the expensiveness
of this fill, he would like the Council to consider his request to reduce or waive
the bond required by the ordinance, due to the fact that he felt it is unreason-
able to put up a bond of ,r; ,000. on a job which will run not more than o;300.
Councilman Osborn inquired of the City Attorney as to whether or not it would be
legal or within the province of the Council to waive the required bond.
T:r. Whitney 'answered that it would not be legal or within the province of the
Council to make the waiver - pointing out that Mr. Riehl has requested a permit
and the only way a permit may be granted is for the applicant to post a bond as
provided for by the ordinance.
Councilman Jones inquired as to whether or not the bond of the contractor would
not suffice and Mr. Whitney stated the contractor has insurance but has posted
no bond.
Councilman Jones then stated that, in view of the fact that the Council can take
no action other than that advised by the City Attorney, and that while it is re-
gretable that toils additional expense to :r. Rthl cannot be obviated, he felt the
Council could certainly grant the permit and thereupon moved the permit be -,ranted
subject to the ordinance provisions and requirements of the City. The motion was
seconded by Councilman Anderson.
11r. Riehl raised the question of a bond in the matter of fill at the foot of Regent
Street, stating that according to his information, no bond had been filed in that
case. He was informed the City did this work with its own equipment and regardless
of the ownership of the property - this being an emergency job.
Councilman Jones stated he felt the amount of the bond required was out of all
proportion to the size of this particular job and queried as to whether or not an
ordinance of this kind interfered with the oerformance of necessary work.
Fr. 7roerer stated the matter of making a fill and the natter of constructing a
wall are two entirely different things - he stated the matter of a wall at the
foot of Regent Street could very easily be covered by a building permit; that P.r.
Riehl's fill will be some 70 feet wide; that r Riehl does not propose to build
upon the property, but that the Property will be built upon at some future date
and that is the very reason why it is important to have protection against the water.
He stated he was completely sympathetic as to Ir. Riehl's views in the ratter of the
amount of the Bond, but that the purnose of the bond is to indemnify the City
against damages to sewers, sidewalks and other municipal installations.
Councilman Jones raised the question of a contract to have this work done by the
City, thereby eliminating the necessity of having a bond.
Er. Froerer stated that perhaps the ordinance should be changed to provide a snal-
ler bond for a small fill job such as this one because the payment of damages on
this particular job is very remote.
Fr. Whitney pointed out the City would have no right to engage in the fill of land
for a private owner and the only thing he could suggest would be that the Council
amend the ordinance to cover a case of this kind, giving the Council tie right to
fix the amount of the bond in any particular case.
Councilman Jones stated that in the event Lr. Riehl wishes to avail himself of that
and await the enactment of an amendment to the ordinance, he would withdraw hls mo-
tion to grant the permit. However, Councilman Anderson stated he could see no rea-
son for withdrawing 'his second thereto.
481.
There was some further discussion as to whether or not the material proposed to be
used by Mr. Riehl in making this fill was covered by the provisions of the ordinance
the conclusion being that it was very definitely covered.
President Branscheid inquired of Mr. Kiehl as to whether or not time is an important
factor with him. in this matter and Mr. Riehl stated it is important and that if his
simple request is going to cause all this trouble, he would Just as soon pay the
price of the bond and forget the matter.
Councilman Anderson stated the point is that the discussion has brought out the fact
that in order to give Mr. RIehl any relief, it would be necessary to hold the matter
up until the middle of February. He stated that if Mr. Mehl wishes to (10 the work
now, he can do it under _the present conditions and if he should signify his desire
to wait until February 15, after having been granted a permit, the Council could
amend the ordinance and he could take advantage of the new situation. He stated
this was his reason. for refusing to withdraw his second to the motion. to grant the
permit and allow Mr, Riehl to proceed with his job.
Thereupon Councilman. Jones renewed his motion that the permit be granted c.,nd it was
carried unanimously.
Councilman Jones suggested that the City Attorney be requested to prepare an amend-
ment to the ...ordinance to cover the situation as outlined in the discussion.
C2=711- C2 DTDS:
0:7 7o bids wore received on the City's call for the purchase fro- the City of a
wood frame dwelling known as 2258 Lincoln Avenue and its removal from the site.
The City lhanager stated that in view of the fact that no bids had been received, he
world suggest tho Council authorize him to have the building demolished and to se-
cure the best Possible price for any materials which could be salvagcd therefrom.
Councilman Osborn moved the City Manager be authorized to proceed in line with his
suggestion. The motion Wa2 seconded by Councilman Sweeney and unanimously carried.
Bids were received and read for the furnishing of certain fire hose for use in
the Civil Defense Department, in accordance with Specifications and Provisions
therefor, No. MS 12-50-17, as follows:
From The American Rubber Manufacturing Co. --
Accompanied by certified check in amount of 200.00
From, Pioneer Rubber bills ---------------------- 1,804.90
Accompanied by certified check in amount of - 106.00
The bids were referred to the City Mana,ger for his study and report.
J
10. From. the City. Nanager, submitting a map showing all the revocable permits is-
sued 10 the Southern Pacific Company covering spur tracks throughout the City.
The City Manager stated that he has had no recent communication or conference with
the Alameda Belt Line or the Southern. Pacific Company in this matter, but that he
has been advised. by the City Attorney that there has been some word to Ide office
and that he might make a report on it.
Mr. Whitney stated there was supposed. to be a. joint meeting between. the two companies
on December 21, and that they have agreed he will be informed of the results of that
meeting.
Councilman Sweeney pointed out that there is a copy of the map referred to in the
Committee report in the Council Chamber and suggested that if anyone cares to peruse
it he mi.ght do so after the meeting.
Mr. Frank Gottstein wanted to know why that matter could not be fully discussed now
instead of after the meeting and why it could not be stated, here and now where the
spur tracks are.
Councilman Jones responded. by saying that the Council is considering action on the
matter and while it appreciates MT. Gottstein's interest - in view of the meeting
which is being hold by the representatives 02 the companies, it might be well to
wait until after that meeting and then take such action as might be indicated by
the results thereof. He stated he would suggest that consideration of this report
be deferred until after the Council has some word concerning the results of the
meeting between the companies.
President Branscheid stated. that If that meets with the approval of the Council, it
would be so ordered. Mr. Gottsteln agreed this would ho the best, plan.
11. At this point, President Branscheld stated he would like to ask Councilman
Osborn to make a report on the ,American Municipal Association Conference recently
held in Washington, D. C.
Councilman Osborn reported on the Conference as follows: The first session was
called at 10:00 o'clock 1Vonday rorning, December 4, with opening remarks by the
President. Then they got down to business, which consisted of five-minute reports
on various activities. The first discussion was on Social Security as applied to
municipal employees. ?rogress was reported throughout many of the States, but it
was slowed up by reason of the fact that it is necessary to have enabling laws
enacted by the States. This is being done in many of the States at the present
time. The second discussion was on Housin, Slum Clearance and Urban Redevelopment,
which was quite interesting but did not, in many resnects apply to this City. Then
came a discussion of Highways and Traffic Control, during which many interesting
statements came out, particularly with reference to the creation of one-way streets.
Studies made in many cities have shown that these streets have speeded up the opera-
tion of automobiles in tlee morning to the extent of 70.45 and in the even'ng to the
extent of 76 - and the movement of busses about 305. Here in Alameda we are pecu-
liarly sitnated, because our traffic is movin east and west on very broad streets,
but the traffic north and south is on Park and Webster Streets, and it would be
most difficult to create one-way streets in either locality because there are no
alternative streets in the vicinity. The elimination of angle narking was recom-
mended, and adequate street lighting was indicated as one of the greatest aids to
the facilitation of traffic. The Eayor of new Orleans then discussed the subject
of Crime, which, while very interesting, did not particularly apply to Alameda.
Municipal Financing was the next item, and it was shown how cities are financing
themselves and getting more financing even in these difficult times. Various me-
thods were mentioned, stressing particularly Payroll Taxes, Cigarette Taxes and
fond Issues, it being indicated that almost all cities are increasing their munici-
Pal indebtedness by bond issues because they found it necessary to carry on their
improvements and not necessarily on the pay-as-you-go basis. Also, the cities are
increasing their assessed valuations, as a means of raising their tax revenue.
During the luncheon hour, Harry P. Cain, United States Senator from Washington, made
a very stirring speech, dealing with world and domestic affairs.
In the afternoon of this first day, I attended a meeting at which was debated the
subject of the effect of Federal grants in aid upon the cities of the United States
as they pertained to the various local Governments, the question being whether,
under these grants, the cities were retaining their autonomy or gradually hecorning
subject to the domination of the Federal Government. Those for the Federal grants
were 1ayors who admitted they were on the "few Deal side, while those opposed to the
acceptance of such grants were on the other side of the political fence. 1,:y own
conclusions on the discussion were that, if the cities can stay away from such
grants and finance themselves, they will be stronger in their own Governments and
will be freed of a great deal of political pressure.
In the evening, we attended a dinner of the California delegation to the Conference
the largest delegation present. At this dinner, much interesting information re-
garding the experience of other cities on problems with which the City of Alameda
is well acquainted was gained.
On Tuesday, three sessions were held at the same time, one each for the large, me-
dium and small cities, and T attended the session given over to the medium-size city.
There was a general discussion of the financing of sewage disposal and pollution
abatement, which was most interesting to me because of the fact that we are dealing
with these problems here. T am sure the information we garnered from that meeting
will help us in our decisions as to the best methods of financing our sewage situa-
tion here.
In the afternoon, we had a session on Traffic and Parking Problems ard Jighway Traf-
fic Policy. It was very interesting and I have already outlined many of the points
brought out at that time.
In the evening, there was supposed to be a speech by the Secretary of State at the
Annual Dinner, but, by reason of T.Tr. Acheson being tied up with Prime binister Atlee,
the senior Senator from Illinois took his place. I can sincerely say 1 am sorry all
of you conld not have heard that speech. It was very impressive, and he pulled no
punches in telling us of the seriousness of the world situation.
On Wednesday, we had a very interesting talk by the Director of the Federal Census.
He told us many interesting things about the census and what it had done and what it
will do in the matter of bringing about a reapportionment of our congressional repre
sentation. The state of California is practically assured of seven additional Con-
gressmen, which will place us in a tie, numerically, with Pennsylvania and will make
us second only to New York in political importance from the standpoint of our number
of representatives. He states that it will be some little time before the last
taken census will be finally certified.
The Ilayor and I had contacted our Congressman George ',Tiller and asked if he would
make some appointments we felt were necessary in the interests of the City, and Yr.
Filler was most cooperative. He made an appointment for that day with 1Cr. John
Dobbs of the Housing Authority. We had a pleasant talk with Pr. Dobbs in connec-
tion with the program of exranding the recreation facilities in the Alameda Housing
Projects, and 7 can say to you that something worthwhile will come out of that talk.
Vie had a long talk with Jr. Pilier about the second tube, and I can also say to you
that there is something very interesting being, considered in that connection. I
feel very sincerely that the results will be well worthwhile.
The Mayor contacted the manager of a very large housing project in the eastern part
of jachington. He was very 1:ind, took us through the project where we net his su-
perior, one of the vice-presidents of the firm doing the work. lie saw this project
from every angle, and from it I gained a very much clearer idea of the possibilities
of housing in the City of Alameda.
I left the City of Washington on Thursday at neon, and was no longer on the business
of the City of Alameda. I enjoyed the Conference. It was ineresting and instruc-
tive, and 1 believe 1 rot a full measure of value for the City. I deeply appreciate
the opportunity of attending this Conference.
President Branscheid stated he felt Councilman Osborn had covered the entire program
of the Conference very thoroughly. He said there would soon be available reports on
all talks given at the Conference and that the Council would be glad to see that
anyone desiring conies of these reports received them.
12. From the Mayor, City Manager and Auditor, submitting their report on the Count
of Money held on November 22, 1250, showing an amount of S. 350,198.07 was in the
City Treasury at that time.
The report was noted and ordered filed.
13. Prom r, ]. C. Godfrey, tendering his resignation as a member cf the Board of
Pducation cf the City o.;' Alameda, effective as of December 5, 1250, due to his re-
cent appo:ntment as a director of the Regional Far:: System.
President 73ranscheid inquired as to the pleasure of the Council.
Councilman Osborn stated that w.th a great deal of regret and with a feeling of con-
gratulation to our former Mayor on Tis appointment, he would move acceptance of his
resignation. The notion was seconded by Councilman Anderson and unanimously carried.
14. Prom L'ayor i3ranscheid, nominating Fr. Walter V. Howe, to the office of member
of the Hoard of Education of the City of Alameda - to serve the unexpired term of
Er. Y. C. q-odfrey, resiEned - said term expiring June 30, 1952.
The matter was referred to "Resolutions."
97S0TLTTOn':
15. The following resolution was introduced by Councilman Jones who roved its
adoption:
"Resolution ?o. 4287
Transferring 082.55 from the Calhoun Street Storm
Sewer Construction. Fund to the Capital Outlays 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 Branscheld, (5) . Noes None. Absent: None. Thereupon the
President declared said resolution duly adopted. and passed.
16. The following resolution vms ntroduced by Councilman Sweeney, who uoved it
adoption.:
"Resolution. No. 4288
Transferring F57.34 from the Acquisition and
Improvement Bond Fund to the General Fund."
The notion 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 Branche-d, (5). Noes: None. Absent None. Thereupon
the President declared said resolution duly adopted and passed.
17. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution.. No. 4289
Transferring 93.35 from the Interest and
Redemption 1,'und - Bond #9 to the General Fund."
The motion to -adopt said resolution. was seconded. by Councilman yeeney and on roll
call carried by the following vote. Ayes: Councilmen. Anderson, Jones, Osborn,
Sweeney and President Bransche id, (5) . Noes: None. Absent : None. Thereunon
the President declared said resolution duly adopted and passed.
19. The following resolution. was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 4290
Transferring 561.01 from the Civil Defense Fund
to the General 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 E;ranscheid, (E). Noes: None. Absent: Tone. Thereupon
the President declared said resolution duly adcpted and passed.
19. The following resolution was introduced by Councilman Osbo rn, who moved its
adoption:
"Resolution No. 4291
Transferring q326.27 from the City Hall Reroofing
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, :Jones, Osborn,
Sweeney and President 7,ranscheid, (5). Noes : -one. Absent : :Tone. Thereupon
the President declared said resolution duly adopted and 7assed.
20. The following resolution was introduced by Councilman Anderson, who moved. Its
adoption:
"Resolution. No. 4292
Resolution of the Citv Council of the CitlT of Alameda."
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: 7,one. Thereupon
the President declared said resolution duly adopted and passed.
21. The following resolution was introduced by Councilman Sweeney, who moved its
adoption
"Resolution No. 4293
Appointing Member of the Board of Education."
(Walter V. Howe)
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 ; Tone. Absent: None. Thereupon.
the President declared said resolution duly adopted and Passed.
22. The following resolution was introduced by Councilman Osborn, who roved i
adoption:
"Resolution No. 4294
Authorizing Execution of Amendment to Contract with
The Department of the Navy of the United States for
Payment to the City of Alameda for Direct Services
Rendered to Naval Defense Housing Project Cal-4111
and 50 Homoja "Br' Units Adjacent to Naval Air Station."
The motion to adopt s-,id resolution was seconded by Councilman Anderson and on roll
call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn,
Sweeney and ?resident 7ranscheid, (5) os ione bsent: on Thereupon the
President declared said resolution duly adopted and passed.
23. At this tire, Councilman Jones stated he would like to offer an oral resolution
conveying the Council's greetings to the employees of the City and thanking them for
a year of fine service to the people of the City of Alameda. He stated he felt that
all members of the Council feel it is a real pleasure to work with all of the em-
ployees and that it would not be possible to rake the progress that has been made
without the fine support of these peoPle. He stated he felt the Council should go
on record to that effect and a suitable letter should be sent out in t',e, rane of the
Layor and the Council expressing those sentiments. He thereupon made a motion ac-
cordingly which was seconded by Councilman Anderson and unanimously carried.
24. Councilman Sweeney directed the attention of the President to the fact that when
be and Councilman Osborn were absent from the last meeting, he had made mention of
the fact that he was certain he was expressing the feeling of all of the Council mem-
bers when he commended the merchants for the fine Christmas decorations on Park and
Webster Streets.
President Branscheid stated he was very glad Councilman, Sweeney had made this a mat:-
ter of record inasmuch as he felt the merchants had done _a very outstanding job in
decorating the City streets for the holiday season.
ORDTNACES FOR RASSAn:
5.
"Ordinance No. 1015,
New Series
Authoriz,:nrr lease to John 7. Ward, an Unmarried
Fan, of Certain Real I?roerty of the City of
Alameda."
Councilman Sweeney moved the ordinance be adopted as read. The -motion was seconded
by Councilman Osborn and on roll call carried by t:-,e ro]lowin,--- vote. Ayes: Cour,-
c71men Anderson, Jones, (sborn, Sweeney and President Branscheid, (5) . Noes: "ore.
Absent: -one.
51 RING
26. California Civil Defense Master Mutual Aid. Agreement.
27. Contract - Between. Navy and City concerning_Navy :Defense
Housing Project Cal-4111 and 50 Homoja,"B" Units Project.
23. 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
Fire
meeting. General Departments, 25.170.42; • Police Department, ::'1,598.94;
, ,
Department 7 10. Street DePartment ;-1,756.; Health Department, S957.45;
First Aid Department, ;194.83;, Recreation Department, $513,29; Park Department,
1,404.03;_ Golf Course Department, 651.57; Social Service Department, P.96;
Parking Meter Fund, 18.75; Purchasing Department, <,.797.82; _Civil Service De-
partment, 2,02, Engineering Department Deposit Fund, V30.; East Bay Municipal
Utility District Fund, 2,030.08; Traffic.Safety Fund, Q5,580.82; Gas Tax No, 1
Fund, Z.93.05; Sas Tax Fund No. 2 Fund, (4166.02; „Civil,Defense Department,
$2,288.44.
Councilman Jones moved the bill as itemized in the List of Claims filed with the
City Clerk on December 19, 1050, and submitted to the City Council at this tire, 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 Branscheld, (5). Noes: None. Absent: None,
ADJOURNMENT:
29. There being no further business to come before the meeting, the Council ad-
journed - to assemble in regular session on. Tuesday. evening, Janaury 2, 1951, at
8:00 o'clock.
• , •