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1949-07-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL 0P THE CITY 0 ' ALAMEDA HELD TUESDAY EVENING, JULY 19, - 1949 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 July 5, 1949, were approved as transcribed. WRITTEN COMMUNICATIONS: 2 From West Alameda Association, endorsing the position taken by the Council concerning the proposed Second Bridge crossing San Francisco Bay, and urging action in procuring an additional Tube between Alameda_and.,,Oakland. The communication was ordered filed. 3: From Bethlehem- Alameda Shipyard, Inc., requesting the Council's authorization for refund of the Company's overpayment of the City's Business License Fee in the amount of $1,293. A letter from Homer R. Dallas, Treasurer and License Collector, was also read, which verified the figure quoted and recommended that the refund be allowed. Following the reading of these communications, Councilman Jones stated that upon the recommendation of the City Treasurer, he would move that the refund of $1,293. be made. 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. 4. From Key System Transit Lines, accepting the Franchise granted by the City in accordance with provisions of. Ordinance No. 972, New Series, and agreeing to perform and be bound by each and all of the terms and conditions thereof. A letter was also read from the City Attorney in connection with this matter, recom- mending the Council accept the acceptance and direct the filing of the instrument. Councilman Osborn moved the recommendation of the City Attorney be followed - that the acceptance of the Franchise by the Key System,,received within not less than ten days prior to the effective date of the. ordinance, be accepted. The motion was seconded by Councilman Anderson and unanimously carried. 5 From Key System Transit Lines, requesting the Council to enact a resolution to be forwarded to the Public Utilities Commission of the State of California, endors- ing such prompt action for appropriate fare increases as will give the Company a fair return on its investment in the judgment of the Commission. Councilman Osborn stated that, in view of the fact that the hearing on this matter has already been held and the value of the endorsement requested is voided, he would move that no action be taken on this matter. The motion was seconded by Councilman Jones, who, in seconding the motion, stated that the letter from the Key System im- plies that the City of Alameda was a party to the negotiations leading up to the granting of the wage increases mentioned, whereas the fact is that the City of Alameda had no part in such negotiations. City Attorney Whitney stated he had written a letter to the Key System stating that, in his opinion, the Council would be unwilling to adopt the resolution requested, and pointing out that the City of Alameda had not been represented in the negotia- tions and was therefore not bound by any stipulations entered into by the committees referred to. President Branscheid thereupon put the question and the motion was unanimously carried. 6. From John J. Allen, Jr., Congressman, 7th District, thanking the Council for its support of the bill, H.R. 4190, concerning the shipbuilding situation to the effect that a certain portion would be allocated to the West Coast. The communication was ordered filed. 7. From N. J. Tharp, 20257 Anita Avenue, Hayward, requesting permission to operate a Pony Ring in Krusi Park. Councilman Sweeney suggested this matter be referred to the City Manager for inves- tigation and report, and the President so ordered. 28 8. From McGuire and Hester, Pipe Line Contractors,- requesting a- sixty -day exten- sion of time - to September 20, 1949, for completion of their contract for the construction of the Bay Farm Island Interceptor Sewer and Force Main. Councilman Jones suggested that an oral report from the City Manager on this matter would be in order. Mr. Froerer stated he would recommend the granting of the request. He stated, fur- ther, that it had been estimated the work would be completed within six weeks or less from date, pointing out that this portion of the work was held up for some five months by reason of the State Highway's apprehension in the matter of the original alignment of the sewer across San Leandro Channel, which necessitated a relocation of the line. He stated that when the work on the Channel crossing is complete the Bay Farm Island Sewer System will become a fact. Councilman Sweeney moved the recommendation of the City Manager be adopted and that the time for the completion of this project be extended to September 20, 1949. The motion was seconded by Councilman Anderson and unanimously carried. ORAL COMMUNICATIONS: 9':/ Mr. Frank Gottstein addressed the Council on the matter of an additional Tube under the Estuary, stating that, in his opinion, the matter seems to have become somewhat .dormant and he felt that, with the Governor in favor of the Tube and the entire City behind the matter, there should be some very definite action taken looking toward the actual construction of the Tube. President Branscheid pointed out to Mr. Gottstein that the reason for the delay is the lack of money and that until the Toll Bridge Authority knows definitely what is going to be done about a second San Francisco Bay crossing, no financing of such a crossing can be undertaken. He stated, further, the City has been promised that as soon as there is any money available, work on the second Tube will get under way. Mr. Froerer supplemented the President's remarks with a brief outline of the State Highway Commission's attitude in the matter of constructing a Tube parallel to Posey Tube, stating that while this Body has the allocation of.funds derived from the Gasoline Tax, it has consistently refused to include a second Tube in its pro- gram - maintaining that it cannot expend such a large sum of money. in Alameda County for this project when there are so many other critical deficiencies which must,be cared for. He stated that even though the City has widespread support in its request for a second Tube, it has been unable to get the State Highway funds allocated for that purpose. He pointed out, however, that there has been included in the plans for a parallel crossing of San Francisco Bay, a Tube parallel to the Posey Tube and that the City has been promised that this will be the first construction undertaken. OPENING OF BIDS 10 One bid was received from Horace A. and Ruth E. Naylor for the purchase from the City of one stucco house situated on Marshall Way, in the sum of $206. The bid was referred to the City Manager for his study and recommendation. 11. No bids were received for the project of installing a Sanitary Sewer on Pearl Street, south of Otis Drive. Councilman Jones thereupon moved the City Manager be authorized to arrange in the open market for this work to be done. The motion was seconded by Councilman Sweeney. Upon being requested to inform the Council as to the probable cost of the work on this project, the City Manager stated it would be approximately 43800. The President put the question and the motion was carried on the following roll call vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: _None. REPORTS OF COMMITTEES: 12: Police Chief George R. Doran, submitting a list of the lost, stolen or unclaimed property which has been turned over to the City Treasurer . Councilman Osborn moved the City Treasurer be authorized to dispose of the articles' listed at public auction. The motion was seconded by Councilman Anderson and unani- mously carried. Councilman Jones inquired as to what action, if any, is taken to notify the public in general concerning property which is turned into the Police Department prior to the time that it is put up for auction. He was informed that there is no public notification prior to the public auction - it being pointed out to him that generally speaking the person who has lost any property notifies the Police Department and in case the property is turned in, the Department informs the person who has consulted it. In response to a question by Councilman Jones, the City Attorney offered the opinion that the owner of any property put up for sale at auction would be en- titled to have it withdrawn from the sale and delivered over to him without cost. 13 From the City Planning Board, recommending the reclassification of property known as 1855 Nason Street and 1853 and 1857 Wood Street - as more specifically described in the petition - from the "G" Light Industrial District, to the "A -1" One - Family Dwelling District. The matter was referred to "Introduction of Ordinances." INTRODUCTION OF ORDINANCES: 14. Councilman Osborn introduced the following ordinance, after which it was laid over under provision of law and the Charter: Ordinance No. New Series An Ordinance Reclassifying Property by Adding Section 50 to Ordinance No. 725, New Series. 15. 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 Reclassifying Property by Addin Section 51 to Ordinance No. 725, New Series. UNFINISHED BUSINESS: 16 President Branscheid introduced the continued matter of the appeal of Mr. and Mrs. Paul F. Dillworth from a ruling of the City Planning Board denying a renewal of their Use Permit for the operation of an ironing service in their dwelling known as 2979 Johnson Avenue. He stated that owing to the fact this matter had been re- ferred to the City Manager for investigation, and that he has been out of town most of the time since it was referred to him, he would suggest that it be laid over to the next regular meeting of the Council. Councilman Osborn stated he could not agree to this, offering the opinion that the Council should ascertain whether or not the work in these premises has been stopped in accordance with the order made by the Council on July 5. • Mrs. Dillworth stated it was her understanding it would not be necessary to cease operations prior to the date that the City Manager had made his investigation and report. There was some discussion as to that had transpired at the meeting of July 5, and the minutes of that meeting were produced and read by the Clerk. Following this, Councilman Jones moved the decision of the City Planning Board be upheld and that a Use Permit be denied. The motion was seconded by Councilman Osborn. Councilman Osborn stated he had heard statements and seen printed suggestions to the effect that the zoning on the Dillworth property be changed to allow the continued operation of the ironing business at that location. He stated that it has been his observation that the Council has consistently decided that it does not want "spot zoning" in the City of Alameda - pointing out that it has been called to his_atten- tion that where spot zoning has been done a serious situation arises in the definite deterioration of values of the surrounding property. He stated he was unalterably opposed to spot zoning in the City of Alameda. President Branscheid thereupon put the question and the motion was unanimously carried. NEW BUSINESS: 17: President Branscheid brought up the matter of the outside auditing services for the City, stating that during the past twenty years the City has had this work done by the firm of Goodell, Byers & Co., through Mr. George Ticoulet, and that these peo ple rendered an outstanding service to the City. He stated that when bids were called for the performance of this work, a proposal was received from a local man and it was considered advisable to make a change at this time. He expressed the opinion that in view of the splendid record made by Mr. Ticoulet.'s firm, and parti- cularly Mr. Ticoulet himself, it would be in order to adopt a resolution of appre- ciation for the faithful service rendered. Councilman Jones suggested it might be better to have a letter written to lr. Ticoulet, questioning the appropriateness of a resolution under the circumstances. Councilman Osborn stated he felt a resolution would be more proper as. amatter of record. Councilman Sweeney moved that a letter of appreciation be written instead of the adoption of a resolution. The motion was seconded by Councilman Anderson and unanimously carried. RESOLUTIONS: 18. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4060 Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expenses." 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 pointed out that the per diem amount stipulated is set up for the purpose of placing a limit on the expenses that may be incurred and that all expenditures made must be supported by proper vouchers. 19. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4061 Transferring $25,000.00 from the Cash Basis Fund to the Library Fund." 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. 20. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4062 Transferring $25.00 from the Capital Outlays Fund to the Lincoln Park Extension Fund." 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. 21. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4063 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 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. 22. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4064 Authorizing Execution of Revocable Permit Granting Permission to the United States of America to Con - struct a Radar Target on Submerged Lands of the City of Alameda." 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. At the request of Councilman Sweeney, Mr. Froerer explained the purport of this resolution, stating that the permit asked for is simply one to drive some pilings