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1948-05-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MAY 4, 1948 The meeting convened at 8:00 P. Li. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held April 20, 1948, were approved as transcribed. WRITTEN COMMUNICATIONS: v7 2. From Alameda Chamber of Commerce, commending the Council's action at its last meeting concerning the request of the Alameda City Garbage Association for an in- crease in its collection rates. The communication was ordered filed. 3:/ From United Engineering Company, submitting an application signed by it and Todd Pacific Shipyards Corporation, for written consent to sublet certain property of the City now leased by it, to Todd Pacific Shipyards Corporation. The matter was referred to "Resolutions." 4. From Corporal Leonard B. Hollywood Pest No. 939, Veterans of Foreign Wars, requesting a permit for the privilege of conducting a carnival on the parking lot located on Webster Street, adjacent to the Maritime Alameda Shipyard property, from June 21, to July 5, 1948. Councilman Sweeney observed that this organization had held a carnival last year and had done a very efficient job - the whole transaction having been very well carried out. He thereupon moved the request for a permit be granted, subject to the approval of the City Manager on certain details covered by the City Ordinance. The motion was seconded by Councilman Osborn and unanimously carried. 5: A petition was presented, signed by 19 property owners on Park Avenue, pro- testing the lack of compliance by Barker-Tilton Furniture Co. with certain promises made by it relative to the appearance of its property known as 1330 Park Avenue. Following the reading of this petition, President Branscheid remarked that he quite agreed with the residents of Park Avenue. He stated he well remembered the repre- sentations made by Barker-Tilton Company and that, in his opinion, it would be perfectly in order to have an investigation made of this situation. Councilman Osborn moved the City Manager be instructed to get in touch with Barker- Tilton Company and remind it of its failure to meet its agreement and ask the Com- pany to immediately proceed to conform. The motion was seconded by Councilman Sweeney. President Branscheid inquired of the City Attorney whether this procedure could be followed legally, pointing out that all the Council did was grant an extension of the zoning, and while the matter of cleaning up the property and improving its appearance was discussed, there was, in his opinion, no binding agreement on the part of the Company. The City Attorney stated he was doubtful if anything could be done to enforce this voluntary agreement on the part of Barker-Tilton Company, but felt the motion would be in order to have the City Manager contact it, stating that he believed the Com- pany would want to satisfy the neighbors in Its vicinity. Councilman Osborn stated his motion was aimed at correcting existing conditions if it is possible to do so and stated that he would reframe the motion to embrace this idea. The City Attorney suggested the matter be referred to the City Manager for investi- gation. Councilman Sweeney withdrew his second to Councilman Osborn's motion. Councilman Osborn then reframed his motion, moving the matter be referred to the City Manager for his investigation and that prcper steps be taken to correct the conditions complained of. OPENING OF BIDS: 6. No bids were received on the City's call for furn ishing three new, 1948 Sedans or Business Coupes for the Health Department, in accordance with Specifications and Provisions therefor, No. MS 4-48-7. Thereupon Councilman Jones moved the City Manager be authorized to purchase the necessary cars in the open market. 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). Hoes None. Absent: lone. REPORTS OF COMMITTEES: From the City Attorney, giving his written opinion as requested by the Council, concerning the request of Angelo Servente for a refund of 116.40 paid in error for the taxes of Elizabeth G. Corley. He quoted several sections of the Alameda Muni- cipal Code pertaining to this question and stated it was the conclusion of his office that Kr. Servente made a voluntary payment of the taxes which he seeks to recover and that he is not entitled to a refund thereof. Councilman Jones observed it was a matter of regret that the refund requested could not be made, stating he felt it was very unfortunate that the owner of the property has refused to reimburse Mr. Servente for the taxes paid - but pointing out that the Council would nevertheless have no legal grounds for making the refund. He thereupon moved the request for a refund of 16.40 paid for taxes be denied, and that Yr. Servente be informed of the City Attorney's ruling in the matter. The motion was seconded by Councilman Osborn and carried. 81/ From the Board of Education, presenting its budget for the fiscal year 1948- 1949, and requesting of the City the sum of ,f72,000. to balance its budget. President Branscheid remarked that the request of the Board of Education is in ac- cordance with provisions of the Charter, stating that the School Department has the right to request up to twenty cents on the tax rate within the City budget for school purposes. He stated the matter would be considered at the time the City budget is prepared. O. From the City Manager, recommendinrT, a one-week extension of time to May 8, be granted to B. Ji1es Thomas for the completion of the installation of the sani- tary sewer on Otis Drive. Councilman Anderson moved the recommendation of the City Uanager be adopted and the contractor be granted the specified extension of time. The motion was seconded by Councilman Jones and carried. 10. Councilman Jones suggested Councilman Sweeney be called upon for a report on the activities of the Flag Day Committee. Councilman Sweeney outlined in great detail the program which has been worked out by the Committee, bringing out the fact that there will be a general City wide participation in the program and that it is anticipated the observance this year will outdo any celebration that has heretofore been held. RESOLUTIONS: 11. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 3705 Consent to Sublease to Todd Pacific Shipyards Corporation, a Delaware Corporation, of Real Property Held Under Lease between the City of Alameda and Chatted Engineering Company, a Corporation." 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 ?resident Branscheid, (5). Noes: None. Absent: None. Therefore, the President declared said resolution duly adopted and passed. 12Y The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3706 Adopting Specifications, Special Provisions and Plans for the Improvement of Longfellow Park, Calling for Bids and Directing the City Clerk to Advertise the Same." The motion to adopt said resolution was seconded by Councilman Osborn and on roll wgrav.--sem.t. 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. Mr. McMillan stated that Longfellow Park is the first park on which definite and complete plans have been finished and it is the first park in the City to undergo a complete renovation. He remarked that when these contemplated improvements are made, Longfellow Park will be in keeping with the general atmosphere of the City and will be a fine place of recreation for the neople in the west end of town. He stated it was his understanding that it is the intention of the Council to carry on this work throughout the City as plans for the several parks are com- pleted, with a view to putting all parks of the City in first class shape. President Branscheid remarked that this is the first step in the direction of bringing the City parks up to a high point of nerfection and one which has been anticipated for several years. He expressed the belief that people in the west end would be appreciative of this improvement and that the Council felt they were certainly entitled to better recreational facilities in that part of the City. 13. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3707 Cancelling City Taxes for Property Acquired by the City of Alameda for Municipal Purposes." 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. 14. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 3708 Requesting Cancellation of County Taxes on Property Acquired by the City of Alameda for Municipal Purposes." 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. ORDINANCES FOR PASSAGE: 15. "Ordinance No. 934, New Series An Ordinance Amending the Alameda Municipal Code by Amending Sections 3-5416 and 3-5417 of Article 4, Chapter 5, Title III, Thereof." Councilman Jones moved the ordinance be adopted as read. 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. 16. "Ordinance No. 935, New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 17-571 of Article 7, Chapter 5, Title XVII Thereof, Relating to One-Way Streets." Councilman Sweeney moved the ordinance be adopted as read. The motion was seconded by Councilman Osborn 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: 17. Financial Statement - Goodell, Byers & Co. - Bureau of Electricity, as of March 31, 1948. 18. Specifications - No. PW 3-48-2 - Reconstruction of Longfellow Park. 19. Auditor's Balance Sheet - For Month ending April 30, 1948. BILLS: 20. An itemized List of Claims against the City of Alameda and some of the depart- ments thereof, in the total amounts as follows, was presented to the Council at this meetincr. General Departments , "'168.40; Bay Farm Island Sewer Fund, . 4i) 033.92; Otis Drive Sewer Fund, '. 067.83; Traffic Safety Fund, ,;,922.79. Councilman Jones moved the bills as Itemized in the List of Claims filed with the City Clerk on May 4, 1948, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. HEARINGS: 21. President Branscheid announced the hearings on the portions of the Easter Plan of the City of Alameda, entitled, "Transit Facilities and Mass Transportation" and "Street and Off-Street Parking", stating they have been before the City Plan- ning Board, have been thoroughly studied by that Board and are now in the hands of the Council for approval or rejection. The President outlined in general the procedure to be followed in adopting portions of the Master Plan and the further procedure necessary before any work aimed at carrying out the plan can be undertaken. He stated the first report to be pre- sented this evening would be the "Street and Off-Street Parking" program and that it would be Presented by Mr. L. Deming Tilton, who is the City's consulting Plan- ning Expert. He thereupon introduced Mr. Tilton, who discussed both plans. A stenographic report of Mr. Tilton's presentation of these matters was made by Mr. M. J. Kosty, Official Shorthand Reporter. A transcript of this report is hereby referred to and by such reference made a part of these minutes. A motion was duly made, seconded and carried that the hearings on these portions of the Master Plan would be continued to Tuesday evening, June 15, 1943, at 8:30 o'clock. ADJOURNMENT: 22. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, May 18, 1948, at 800 o'clock. mogImmwAroAwmmommommm