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1948-08-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING AUGUST 3 1948 The meeting convened at 8:00 P. M. 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 July 20, 1948, were approved as transcribed. WRITTEN COMMUNICATIONS: e From N. J. Tharp, Hayward, requesting permission to establish and operate a pony-ring concession in Washington Park. Councilman Jones stated that while he felt very sympathetic toward this request, the space in the park is so limited that if the request were to be granted it would be necessary to perhaps eliminate some other activities in the park. He pointed out, also, that the granting of a request of this nature would establish a precedent for permitting privately owned concessions in the City parks, with the ultimate result that in tine there would be no space for park facilities. He thereupon moved that the applicant be informed that his request for setting up a pony ring cannot be entertained. The motion was seconded by Councilman Sweeney and unanimously carried. 3. From California Admission Day Observance Committee, requesting the City's proportionate participation in the estimated amount of 0_00. in providing a Float for the celebration to be held in Sacramento. This Float will represent the cities of Alameda County as well as the County itself. Following the reading of this communication, President Branscheid stated that, in his opinion, this was a matter which should be placed before the local Chamber of Commerce for its investigation and disposition, inasmuch as it comes within the province of City advertising which is handled by that Body. Ile thereupon suggested that, if there were no objections, the matter would be referred to the Chamber of Commerce. No objections being offered, the order of referral was made. 4. A petition was submitted, signed by thirty-one residents in the vicinity of Lincoln Park, protesting the noise and disturbance made by the loudspeaker used for the night ball games. Councilman Jones called to the attention of the Council the numerous complaints which have been filed with reference to the use of the loudspeaker in Lincoln Park. As to the need for the loudspeaker, he stated that only on very rare occasions is there any great audience present at the night games and the noise resulting from the use of the speaker is very disturbing to the people in that area. He offered it as his opinion that the petition of protest presented to the Council at this meeting is signed by more people than witness the average night games at the park. He thereupon moved that the use of the loudspeaker in Lincoln Park be discontinued after sundown, except for special occasions and then used only by special permission issued by the City Manager. The motion was seconded by Councilman Osborn and unanimously carried. ORAL COMMUNICATIONS: 5 Mr. Paul Gutleben, 1917 Stanton Street, addressed the Council on the matter of a stopped up culvert at Stanford Street and Clement Avenue, stating that this mat- ter has been before various offices and departments of the City for more than a year and the condition has not been remedied. He stated that in his recent talk with the City Engineer, he was told that the matter would be promptly investigated and immediately taken care of, it having been stated there was probably a break in the line at the Learner Company's plant which would have to be repaired. Mr. Gutleben also stated he wished to lodge a complaint concerning the noise made at the Learner Company's plant during the night hours, pointing out that during this time - up to as late as 2:30 o'clock in the morning - the plant is engaged in loading gondolas with scrap iron, with the result that a terrific din is created. He stated this matter had been taken up with Mr. McMillan, who had referred it to the Police Department, which department in turn had taken it up with The Learner Company - but that the noise is still going on to the great annoyance and disturb- ance of the people in that neighborhood. ti President Branscheid responded by stating that it was his feeling the Council would have to make a check into the matter to see exactly what the situation is and what can be done about it, stating that he would be glad to ask the City Manager to go into the matter thoroughly and report back to the Council. He suggested that Mr. Gutleben write a letter to the Council, describing exactly the nature of his com- plaint and upon receipt of such a letter, the investigation by the City Manager would get under way. As to the matter of the defective culvert, President Branscheid stated he was rather surprised at the delay in taking care of this situation because the City has always been very particular about sanitary conditions throughout the City. He thereupon requested the City Engineer to investigate and report back to the Council as to just what has taken place in the direction of remedying this situation. In response to a question by Councilman Osborn, Mr. Brummer stated that his depart- ment is now trying to locate the break in the line, or whatever is causing he difficulty. City Manager Froerer assured the Council and Mr. Gutleben that this matter would be cleared up as quickly as possible. Councilman Jones inquired as to why this situation had been allowed to continue so long without action. Mr. Froerer answered that as far as he knew, this matter had never before come to the City Engineer's office. President Branscheid thereupon referred the matter of the culvert to the City Mana- ger for investigation and report and stated that action concerning the Learner Company's plant would be withheld pending receipt of a letter from Mr. Gutleben. REPORTS OF COMMITTEES: 7:/ From the City Attorney, explaining the circumstances concerning the City's claim for damages against Levy & Zentner Co. as a result of an accident involving a City automobile, which occurred on February 2, 1948. The actual damage to the City car amounted to $113.43 and the insurance company has offered a compromise settlement in the sum of $50. He recommended the offer of settlement be accepted and requested authority so to do. Councilman Sweeney moved the City Attorney's recommendation be followed and he be authorized to proceed with the final settlement of this case. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilman Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 8. From the City Manager, recommending contract be awarded to Jack Erwin Motors, the only bidder, for furnishing one Dodge Delux Tudor Sedan to the Social Service Department at the price of 1,925.53. Councilman Osborn moved the City Manager's recommendation be adopted and contract be awarded to Jack Erwin Motors for furnishing this automobile at the price quoted. The motion was seconded by Councilman Anderson and on roll call carried by the fol- lowing vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 9. From the City Manager, recommending contract be awarded to the Alameda. Times- Star for legal advertising during the fiscal year 1948-1949. Councilman Sweeney moved the City Manager's recommendation be accepted and contract be awarded to the Alameda Times-Star for said advertising. 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. v/ 10. From the City Manager, stating the work has been satisfactorily completed on the project of the realignment and reconstruction of the intersection of Buena Vista Avenue and Everett Street, and recommending that the work be accepted and a Notice of Completion be ordered filed. Councilman Sweeney made a short report on the conditions now existing at this inter- section, stating the work done there is a credit to the City and the Engineering Department. President Branscheid stated he is very happy to see this long needed improvement completed. Councilman Anderson moved the work be accepted and Notice of Completion be filed. The motion was seconded by Councilman Jones and carried unanimously. 11. From the City Manager, submitting the revised Tentative Budget of the City for the fiscal year 1948-1949. President Branscheid stated that no official action would be taken on the budget until the first meeting in September and thereupon ordered the Tentative Budget filed. 12. From the City Manager, recommending that F. J. Croll, City Auditor and Assessor, and two of his Deputies, be permitted to attend the Assessors' School at the University of California Extension Division during the latter part of August and also that certain expense money be appropriated. Councilman Sweeney moved the recommendation of the City Manager be adopted; that Mr. Croll and two of his Deputies be authorized to attend the specified school and also that a sum not to exceed 40. be appropriated to cover the expenses en- tailed in their attendance at this session. 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. 13' F. J. Croll, President of the Retirement Board, transmitting the Annual Financial Report of the Alameda Municipal Employees' Retirement System, as at June 30, 1948. The report was accepted and ordered filed. le From the City Attorney, submitting his ruling concerning the request of Blind Made Products Sales for gratuitous permits for Its representatives to solicit in Alameda. At the last meeting of the Council this matter had been referred to Mr. Whitney for his investigation as to the legality of granting such a request under the provisions of the City License Ordinance. Mr. Whitney gave it as his opinion that no provision is made for the issuance of free soliciting licenses to blind peddlers, unless they are blind 'veterans' and concluded that the application of Blind Made Products Sales should be denied. Councilman Anderson moved the recommendation of the City Attorney be accepted and the request for free permits be denied. The motion was seconded by Councilman Osborn and unanimously carried. INTRODUCTION OF ORDINANCES: 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 Amending the Alameda Municipal Code by Amending Subdivision (16) of Section 17-431, Relating to Through Highways." NEW BUSINESS: 16. Councilman Jones brought up the subject of an Alameda Municipal Camp, briefly outlining the desirability of having such a camp for the use of residents of the City of Alameda and pointing out that while the subject is still in the investiga- tion stage, it might be well to have a committee composed of certain members of the Council and Recreation, Social Service and Engineering Departments, visit one of the existing camps to observe its manner of operation and to get some idea as to just what is necessary to be done to bring such a camp into being. He thereupon offered a resolution that such a committee be authorized to make a visit and spend some time at one of the municipal camps and that a sum of not to exceed 66. be appropriated for that purpose. The matter was then referred to "Resolutions." RESOLUTIONS: 17. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3795 Adopting Specifications for Furnishing Air Compressor and Miscellaneous Tools to the City of Alameda for the Street Department, Calling for Bids and Directing the City Clerk to Advertise Same." 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 Jones, who mved it adoption: "Resolution No. 3796 Transferring 490.18 from the Parking Meter Operational 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 Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3797 Transferring $3,428.72 from the General Fund to the Parking Meter 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 Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 3798 Authorizing the Execution of a Contract with the State of California for Federal Allocations to Local Public Health Agencies for Fiscal Year July 1, 1948 -- June 30, 1949." 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. 21. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3799 Declaring the Need for Investigating the Feasibility and Desirability of Establishing a Municipal Camp for 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, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. FILING: 22. 23. 24. Auditor's Balance Sheet - for Month ending July 31, 1948. Specifications - No. MS 7-48-14 - For furnishing Air Compressor and Miscellaneous Tools to Street DeparLment. Contract - Between State and City - Covering Federal Allocations to Local Public Health Agencies. BILLS: 25. 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 meeting: General Departments, $250.52; Gas Tax No. 2 Fund, $6,247.69. Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on August 3, 1948, and submitted 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 Presi- dent Branscheid, (5). Noe s: None. Absent: None. 26. v/ Prior to adjournment, Councilman Jones suggested the President introduce Mr. Neil Clark to the members of the Council. President Branscheid thereupon introduced Mr. Neil Clark as the Administrative Assistant to the City Manager and welcomed him into the official family of the City, which introduction was graciously acknowledged by Mr. Clark. ADJOURNMENT: 27. There being no further business to come before the meeting, the Council ad- journed to assemble on Tuesday evening, August 17, 1948, at 800 o'clock. Respectfu ubmitted, ity Clerk