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1949-06-21 Regular CC MinutesREGULAR MEETING. OF THE COUNCIL OP THE (1 T7 01 AIA1n1A HELD TUESDAY EVENING, JUTE - - 1949 The meeting convened at 8:00 7. 11.. with President Branscheld nresiding. ROLL CALL: The roll was called and Councilmen Anderson, Osborn, Sweeney and President ranscheld, (4), were noted present. Absent: Councilman Jones, (1). 717 S 1. The minutes of the regular meeting held June 7 949, were apnroved transcribed. WRITTEN' COM=ICATIONS: 2. From Nbrthern California Service Station Operators Association, opposing. "Self-Service" gasoline stations on the grounds that a great fire hazard exists in that type of station- Following the reading of this communication, N.r. Weber Goodman, spokesman for the service station . industry in this community, presented a petition signed by the service station operators of the City of M_ameda, requesting the Council to enact an ordinance prohibiting "self-service" stations. Councilman Osborn observed that the matter must be given considerable study by the Council before any action can be taken thereon- He stated It is a matter that de- serves a great deal of consideration and thought, and moved the communication be referred to the 21(3 Manager for investigation and report in order to help the • Council arrive at a decision at a later date. The motion was seconded IT Council- man Sweeney. Speaking on the question, with the consent of the President, James J. Kirby, Coun- sel for the Alameda County Chapter of this organization, addressed the.Councii, stating that in the event of the development of opposition to the su79ested ordi- nance, his Association would appreciate bol ac advised when the subject will come up fbr discussion before the Council, in order that it may be given opportunity to answer any arguments which might be nresented. The President put the question and the motion was unanimously carried. r=irom. W. J. . and Pearl R. Treloar, petitioning for the ri ght to retain the lath topping which they have added to their fence, making a total height of the fence from. 6 feet 6 inches, to 7 feet 4 inches. This matter was referred to the City Manager for investigation. 41' From the Southern Pacific Comnary, submitting its application for a permit to operate a sour track over certain streets in. the City of Alameda. President Branscheld observed that this -matter ties in very closely with the Sou- thern. 'Pacific franchise now pending before the Council and suggested the request be carefully looked into. Councilman Sweeney moved the request be referred to the City At for his opinion as to the granting of the application- The motion was seconded by Council- man Osborn and unanimously carried. From. LaborTs League for Political Education of Shipyard laborers, Local 896, requesting the Council to support HR 4190 recently introduced ..in Washington, which. will allocate shipbuilding work on a more equitable basis between the three Coasts- 30;,() to be done on the P Afic Coast. Following the reading of this communication, Councilmian Osborn pointed out that the letter had been received just a few minutes before the Council had one into ses- sion and there was no opportunity to give the matter any consideration or to have a resolution prepared. He offered his oninion that it Ls a worthwhile matter and moved that a resolution. be prepared, endorsing the program set up in the letter and that the Council at this time approve such resolution- The motion. was seconded. by Councilman Anderson and unanimously carried. ORAL COMMUNICATIONS: Yr. Frank Gottstein addressed the Council, expressing his pleasure at the fact that on. the last two Saturdays there has been a traffic officer stationed on Webster Street to take care of the congestion at the south portal of Posey Tube. He stated, however, he does not know what the situation is on Thursday and Friday evenings. He discussed the matter of the sand: pumped onto the Washington Park ne each and com- mended the Council for the splendid job done. He pointed out that many people are enjoying the beach every day and observed that these little things done at hone are the things that count. He also made some remarks about policing the beaches as far as broken glass is concerned. It we It was pointed out to him that on public owned beach land the matter of policing is being taken care of constantly. 77 Hrs. Woodworth addressed the Council on he subject of the three-year proba- tionary period in the Police Department of the City of Alameda as opposed to a one- year probationary period in most cities in the Bay area. She inquired as to whether or not this was the wish of the people of the City, stating that she has been unable to ascertain why this reauirement is 3eade for policemen. At the request of the President, the City Manager clarified the matter by stating to Ivirs. doodworth that rules such as this are made by the Civil Service Board and ratified by the Council. He stated he was unable to answer her question as to the reason for the three-year probationary period, but suggested that letter to the Civil Service Board would obtain the desired information. BE OF CO,Ii.tITTEES From the City Manager, recommending that contract be awarded to Signal 011 Company for furnishing Non-Premium and Ethyl Gasoline during the fiscal year 1949-1950. Councilman Sweeney moved the City Manager's recommendation be adopted; that contract be awarded to this firm for furnishing this commodity 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: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Toes: None. Absent: Councilman Jones, (1) 91( From the City Manager, recommending that contract be awarded to Heafey-roore Company, Sales Division of Gallagher and Burk, Inc., the only bidder, for furnish- ing Crusher Run Base during the fiscal year 1949-1950. Councilman Anderson moved the City 1Tanager's recommendation be accepted; that Heafey Lioore Company be awarded the contract for furnishing this item. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes : Councilmen Anderson, Csborn, Sweeney and President Branscheid, (4). Foe None. Absent: Councilman Jones, (1). 10: From the City Manager, recommending that contract be awarded to Heafey-Yoore Company, Sales Division of Gallagher and Burk, Inc., and to Stancal Bitumuls Com- pany, each being the only bidder for furnishing Medium Curing Plant-mixed Surfacing Paving Kixtures and Penetration Type Asnhaltic Emulsion respectively, during the fiscal year 1949-1950. Councilman Osborn moved the City Manager's recommendation be adopted; that the two firms designated be awarded contracts for furnishing the respective items bid on. The motion was seconded by Councilman Sweeney and on roll call carried by the fol- lowing vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Foes: None. Absent : Councilman Jones, (1). 11'. From the City ranager, recommending that contract be awarded to Heafey-Foore Company, Sales Division of Gallagher and Durk, Inc., for furnishing Quarry Waste and Earth Fill for the City Dump during the fiscal year 1949-1950. Councilman Sweeney moved the City Manager's recommendation be followed; that con- tract be awarded to the designated company for furnishing the s-decified items. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). a2'./ From the City Manager, recomnending that contract be awarded to J. H. 7itz- maurice for the project of constructing Standard Culverts during the fiscal year 1949-1950. Councilman Anderson moved the City Manager's recomIllendation be adopted; that Yr. Fitzmaurice be awarded the contract for this project and the bid check be returned to the unsuccessful bidder. The notion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Fees: 'Tole. Absent: Councilman Jones, (1) 13. From the City ranager, recommending that contract be awarded to Gallagher and Burk, Inc., the sole bidder, for the project of repairing Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter during the fiscal year 1949-1950. Councilman Osborn rnoved the City Manager's recommendation be followed; that con- tract be awarded to the designated firm for the specified project. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes : Councilmen Anderson, Csborr, Sweeney and President Branscheid, (4). Foes: None. Absent: Councilman Jones, (1). 14.From the City Manager, recommending that contract be awarded to Gallagher and BU.Tk, Inc. for the uroject • of making improvements to the Main 'Library Parking Lot at the bid price of g519, Councilman Anderson moved the City Manager's recommendation be accepted; that the contract be awarded to the company named and the bid checks be returned to the un- successful bidders. The motion was seconded by Councilman Sweeney and on roll call. carried by the following vote. Ayes Councilmen Anderson, Osborn, Sweeney and. (- President Branscheid, (4). Noes7- None, Absent: Councilman Jones, (1). 15 rrom the City Manager, recommending, that contract be awarded to Gallagher and [ Burk, .1J-1c. for the project of resurfacing and repairing Asphalt and Bituminous Pavement during the fiscal. year 1949-1950. Councilman Osborn moved the City Manager's recommendation be followed; that contract be awarded accordingly and the bid chock be returned to the unsuccessful bidder. The motion. ,was seconded by Councilman Anderson and on roll call carried by the fol- lowing vote. Ayes:, Councilmen. Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). 16: From the Mayor, nominating MT. Earl C. .porton, for reappointment to the office of member of the City Planning Board, to serve the term.. expiring June 30, 1954. 17{ From the Mayor, nominating Mr. Charles M. Romanowitz, for reappointment to the office of member of the Public Utilities Board, to serve the term expiring June 30, 1953 19'. From the T,,ayor, nominating Fn. 7ran1,- D. Kelly, for reappointment to the office of member of the Library Board, to serve the term exnlring Juno 30, 1954. 19. From the La-,yer, nerinatIrg Mr. 'Tarry Pennell, for appointment to the orrice of member of the Board of Fducatior, to serve the term ex ring June 30, 1054. President Branscheid stated this is the nomination of a new man to the Board, since Fr. Hitchings who has served on this Board for many years in an outstanding fashion, has been forced to decline another tern by reason of his health. 20. From the T:ayor, nomirating Fr. Tilchard C. .7hrman, for anpointment to the office of member of the Civil Service Board, to serve the term expiring Jure 30, 1054. President Branscheid stated this appoirtrLent is to replace Mr. E. Teonard Rea who has served or the Board sinco its organization and who has been forced by business considerations to decline further service in that capacity. Fe stated hr. Rea has served the City very faithfully and in a very competent manner. 21 ?rom the Mayor, nominating :'rs. T. Godfrey, for reappointment to the office of r'omber of tho Social Service Board, to serve the term exPiring June 30, 1952. Al] of the foregoing nominations were referred to "Resolutions." From. the Bureau of Electricity, InferminF the Council that before June 30, 1.049 the Public Utilities Board proposes to transfer sufficient money to the „General Fund of the City to bring the total aggregate dividend for the calendar year up to A40„675.90. It requests permission. to retain the balance of the current year's earnings in the "Bureau of Electricity. Fund." Councilman Osborn moved the request of the Public Utilities Board be granted. The motion was seconded. by Councilman. Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheld, (4). Noes: None, Absent: Councilman Jones, (1). INTRODUCTION OF ORDINANCES: 23. Councilman Anderson introduced the following ordinance, after which is was laid over under provision of law and the Charter: "Ordinance No. Nev Series An Crdnance A ending the Alameda Municipal Code by Adding to Title Chapter 3, Article 2, Thereof, a Bew Section to be Known as Section 10-3226, and Add- Inc to Title X, Chapter 7, Article 2 Thereof, a New Section to be Known as Section 10-7211, Relating to Plumbing Permit Fees, Gas Piping Permit Fees, and Permit and Inspection Fees." 24. Councilman Sweeney Introduced the folloring ordinance, after which it was laid over under provision of law and the Marter: Ordinance Ho. New Series An Ordinance Amending the Alameda Punicipal Code by Adding to Article 3, Chapter 3, Title XIV Thereof, a New Section to be Known as Section 14-336, Pro- hibiting the Smoking. of Tobacco or the Burning of Any Open Flame or Electric Arc on or at. Any Wharf, Pier, Quay, Dock, Terminal Facility, Shipyard, Ship Repair Yard or Dry Dock, or Within Any Warehouse or Aboard Any Vessel 3'oored at Any Such Structure, Place or Building, or Undergoing Construction, Re- Pair, Outfitting or Reconditioning Thereat." YEW BUSINESS: 25' City Attorney Hanson submitted the matter of presenting an application to the ?ublic Utilities Commission or the State of California for a renewal of order authorizing a temporary grade crossing at Third Street and Atlantic ',venue. Pc pointed out that the present permit is about to expire and must be renewed. He asked for authorization to prepare and present the City's application for such renewal. Councilman Anderson moved the authorization requested be granted. The motion was seconded by Councilman Osborn and unanimously carried. v/ 26. Councilman Sweeney presented to the Council the natter of expenses involved in the trip authorized by the Council and made by Herbert 'airfield of the Police Denartment in attending a meeting of the Northern and Southern Police Communica- tions Officers Association held in Bakersfield in ,7ay, lO49. noLnted out that while an anpropriation ';30 . had been made, the actual expense amounted to 39.08. Te thereupon moved the appropriation heretofore riade be iecroased to 3C 08 The rootion was seconded by Councilr-an Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President 7ranscheid, (4) . Noes : None. Absent: Councilman Jones, (1). RESOLUIONS: 27. The following resolution was introduced by Counci Anderson, who moved its adoption: "Resolution Yo. 4033 Authorizing the 1-2xecution of :-emorandum of Agreement with the State of California for Expenditure of Gas Tax Allocation for Major City Streets for the Eiscal Year 1249-1950." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President 9ranscheld, (4). Noes None. Absent: Councilman Jones, (1). 'hereupon the President declared said resolution duly adopted and passed.. 28. The following resolution was Introduced by Councilman Anderson, who moved its adoption: "Resolution -c. 4034 Rescinding Resolution Po. 4023 and Memorial to the legislature of the State of California with Regard to Salaries of Justice of the Peace of the City of Alameda, Clerk, Assistant Clerk and Deputy Clerk of the Justice's Court." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes : Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Ioes: Hone, Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 29. The following resolution was Introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4035 Creating a Special 7und to be 7nown as "Street Light- ing Fund -- High Street from Fernside Boulevard to lashington Street," and Transferring :25,000.00 from Ca-Dital Outlays Fund Thereto." The motion to adopt said resolution was seconded by Councilr-an Osborn and on roll call carried by the followinc; vote. Ayes Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: Pone. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. r. 30. The following resolution. was Introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4036 Creating a Fpecial .7und to be :Frown as "Street Light- ing 17und -- Lincoln Avenue from 7febster Street to Eighth Street", and Transferring ; 000.00 "rom the Capital Cutlays Fund ,Thereto." The motion to adopt said resolution was seconded by Councilman Anderson and or roll call carried by the followinc). vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: :ore. Absent: Councilman Jones, (1). Thereupon tho Ereci_dent declared sa'd resolution duly adonted and passed. 31. "Resolution Ho. Providing for Expenditures in Connection with Veterans Memorial Building." Councilman, Sweeney moved this matter be referred back to the City Manager for fur- ther study and report. The motion was seconded by Councilman Osborn and unanimously carried. 32. The following resolution was introduced. by Councilman Osborn, who moved its adoption: "Resolution No. 4037 Transferring ;;;15::.).,430.41 from. the In Lieu Fax Fund to the General Fund of the City of Alameda. The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes : Councilmen Anderson, Osborn, Sweeney and Fresident Branscheid, (4). Roes : 7one. Absent: Councilman Jones, (1). Thereupon the ?resident declared said resolution duly adopted and passed. 33. The following resolution was Introduced by Councillran Sweeney, who moved its adoption: "Resolution No. 4033 Transferring 9,000.00 from the Special Public Health Fund to the General Fund of the City of 'lameda " The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes:v T..one. Absent: CouncilmanJones, (1). Thereupon the President declared. said resolution duly adopted and passed.. 34. The followin7 resolution was introduced by Councilman Sweeney, who moved its adoption. rt--) nesolution No. 4039 Transferring '4).,;' 14,361,8E3 from the Alcoholic leverage Control Fund to the General Fund . of the City 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, Osborn, Sweeney and President Branscheid, (4). Noes : None. Absent : Councilman Jones, (1). Thereupon the President declared said. resolution duly adopted and nassed.. 35. The following resolution was introduced by Councilman Osborn, who moved its adoption.: "Resolution No. 4040 Appointing Member of the Citv Planning Board." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Brancheld, (4). Noes: Nene. Absent: CouncilmanJones, (1). Thereupon the President declared said resolution duly adopted and passed.. 36. The following resolution. was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4041 Appointing Member of Fuhlio Utilities Board." The motion to adopt said resolution 'was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and 2resident Branscheid, (4). Noes; Kone, Absent: Councilman Jones, (1.). 'hereupon the i'res'dent declared sd resolution duly adopted end. passed. 37. The following resolution was introduced by Councilman Sweeney, who moved, 'ts adoption: "Resolution F. 4042 Appointing Member of the Library Board." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes : Councilmen Anderson, Cshorn, Sweeney and 'President Branscheid, (4). Noes: None. Absent: Councilman. Jones, ,(1). Thereupon the President declared said resolution duly adopted and passed-. 38. The following resolution. was introduced by Councilman Cshorn, who moved i adoption: Feso1ut o TT0. 4043 Appointing l'ember of the 3oard or 7ducation." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes Councilmen Ainderson, (sborn, Sweeney sod Presfdent "ranscheid, (e). Noes: Fore. Absent: Councilman Jores, (1). Thereupon the President declared said resolution duly adopted and passed. Councilman Osborn congratulated the :ayor on his nomination of rro Pennell, who is en outstanding civic leader in the community and stated he felt the City is very fortunate in having a man of br. Pennell 's caliber on a City 3oard. 39. The following resolution was introduced by Councilman Sweeney, who Troved its adoption: "Resolution No. 4044 Appointing Yember of the Civil Service Board." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote, Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Koes: None. Absent: Councilman„Jones, (1). Thereupon the President declared said resolution duly adopted and passed. Councilman Sweeney made sore very commendatory remarks concerning FT. Ehrman's . nomination and expressed his pleasure at having such a fine man 00 this important T3oard. 40. The following resoJution was introduced by Councilman Osborn, who moved Its adoption:: "Resolution To. 4045 Appointing liember of the Social Service Board." The notion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes 7 Councilmen Anderson, Osborn, Sweeney and President „Branscheid, (4). Noes: None. Absent: Councilman jones, (1). Thereupon. the Fresident declared said resolution duly adopted and passed. 41. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution Ile. 4040 Appointing liember of the Retirement Board The motion. to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Hoes: None. Absent: CouncilmanJones, (1). Thereupon the President declared said resolution. duly adopted and passed. ORDINANCES FOR PASSAGE: 42. "Ordinance No. 971, New Series An Ordinance Reclassifying Property by Addin, Section 48 to Ordinance Ko. 725, New Series. Councilman Osborn moved the ordinance be adopted as read. The motion was seconded by Councilman Andersen and on roll call carried by the followin7 vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid .). Noes: one Absent: Councilman Jones, (1). 43. "Ordinance No. New Series An Ordinance Granting to Ker System. Transit Lines, a California Corporation, a Franchlse to Establish, Maintain and Operate a Local _and Transbay_Trans- nortation System. Over Certain Streets In the City of Alameda, for the Transnortation of Passengers fortHAre as a Common .Carrer, and Fixing the Terms and Conditions Thereof." Councilman Sweeney moved this ordinance be held over until the meeting of June 28, 1949, due to the absence of Councilman Jones at this meeting. Tie stated that, in his opinion, a full council should be present when this matter is -)P sed upon. The motion vas seconded by Councilman Osborn and unanimously carried. FILING: 44, Financial Statement - Goodell, Byers & Co. - City of Alameda, as of June 30, 1949, 45. Memorandum of Agreement - Between City and State - For Expenditure of Gas Tax Funds, BILLS: 46. An itemized List of Claims against the City of Alameda and the several de- partments thereof, in the total amounts as follows, was presented to the Council at this meeting': General Denartments 0,69 05. Centennial, 1)5,746.83; t 1- Police fepartment, t2,521.72; Fire Department, 3 042.91- Street Department 2,530.22; Health,Deartment, irst Ad Department t, Recreation Department, t,:t1,406.30; Park Denartment , , 251 15. Golf Course Department, ,43,886.31; . Social Service Department, ti.p54.77; Store Denartment, ;r97.85; Pound Department, tt,tt;00.8.9 Civil Service Department, J,I1.5.; Bay Farm. Island Sewer Fund, ti;a.75; ,East Bay Mimi.- , , 6-) -,_ Y Y Tax No. 1 Fund, tP2.17;- Gas.Tax Th. 2 Fund, t'.492.23; McKinley Park Eestora- tion Fund,AA27.20; Washington Park Improvement Fund, ;1;;4,720.00; Longfellow t Park. Improvement Fund 'i!A.50. Parking Meters Fund, ti132.39; clnal utility District i'uno t;),,, 003.83; Traffic SafetyFund, ti400.21; Gas Councilman Osborn moved the bills as itemized in the List of Claims filed with the City Clerk on June 21, 1949, and subIt'tted to the Council at this time, be allmed and pa',d. Tho motion was seconded by Councilman Sweeney and on roll call carried by the rollowing vote . ,,tyes: Councilmen Anderson, Osborn, Sweeney and 3resident Dranscheid, (4). Noes: .:one. Absent: Corncilptan Jones, (1). ADJ011=E1',T 47. President Branscheld stated that if there .ere no objections, the Council would adjourn to assemble in adjourned regular session on Tuesday evening, June 26, 1949, at 6:00 o'clock. Resnectfulli- Ibmitted,