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1947-01-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, JANUARY 21, - - --7 7. 1947 The meeting convened at 8:00 P. M. with Vice President Howe presiding. ROLL CALL: The roll was called and Councilmen Jones, Csborn, Sweeney and. Vice President Howe, (4), were noted present. Absent: President Branscheid, (1). MINUTES: 1. The minutes of the regular meeting held January 7, 1947, were approved as transcribed. WRITTEN COMMUNICATIONS: v/ 2. From Alameda Post No. 9, Inc., The American Legion, extending an invitation to the City Council to be present at its "Parade of Sports Night" to be held January 24, 1947. This communication was conuriented upon by Vice President Howe, who urged members of the Council to attend the affair if possible. From the Alameda Chamber of Com=ce, recommending that the matter of paying City Councilmen ;15. per meeting, with a maximum of four meetings per month, be placed on the next ballot. This letter was ordered filed. HEARINGS: 4(/ In the matter cf an appeal from the recommendation of the City Planning Board, concerning tie petition filed by Roberts Enterprises, Inc., for the reclassification cf certain property from the "A" One-Family Dwelling District to the "A-1" One- Family Dwelling District for the purpose of constructing duplexes. The area re- quested to be rezoned is bounded on the north by Calhoun Street, on the east by Post Street, on the South by Otis Drive and on the west by Fountain Street. The letter transmitting the recommendation of the City Planning Board in this matter was read. Mr. Paul Bouthillier addressed the Council, pcinting out that there is an extreme shortage of housing in Alameda; that the property covered by the petition in this matter is nct the most desirable in the City and that it represents the willingness of a builder to provide housing for sixty-four families. He stated that he could not understand the Planning Board's reason for rejecting this application and felt that the matter could not be closed as easily as this. He commented on the proposal for retaining a Planning Engineer and suggested that the Council authorize the City Manager to have the Planning Engineer, in conjunction with anyone else deemed satisfactory, make a survey on this matter and submit their recommendations to the City Council. Councilman Jones inquired as to whether or not this recommendation was made by Mr. Bouthillier as a citizen or as a representative of Roberts Enterprises, Inc. Id.r. Bouthillier replied that he was making the recommendation as a private citizen. Mr. John Grantham then addressed the Council, stating that he had asked the Planning Board to consider his application solely on its merits from the viewpoint of the public welfare and land use, etcetera, and that he feels this was not done. He stated that he believed the consideration given his application was not at all thorough and he had therefore been compelled to take an appeal to the Council from the recommendation of the Planning Board. Councilman Jones observed that the Council has not had any proper opportunity to investigate the project in any way and that he felt it would be inadvisable for the Council to make any hasty decision in the absence cf the Mayor. He thereupon moved that the hearing in this matter be continued to the next meeting of the Council to be held February 4, 1947, to allow proper investigation by the City Manager along the lines recommended by Mr. Bouthillier. The motion was seconded by Councilman Sweeney and carried. OPENING OF BIDS: 5 Bid was presented and read from Taper Tube Pole Co. for the furnishing of 129 20-Foot Light Center Pendant Type Street Lighting Standards, in accordance with Specifications and Provisions No. MS 1-47-1, at the total bid price of 26,094.50. This bid was accompanied by a certified check in the amount of ,2,610. Councilman Osborn moved the bid be referred to the City Manager and City Engineer for study and recormnendation. The motion was seconded by Councilman Sweeney and carried. 6. Bid was presented and read from Heafey-Moore Co. for the furnishing of Crusher Run Base to the City during the remainder of the fiscal year ending June 30, 1947, in accordance with Specifications and Provisions No. MS 1-47-2, at the price of 1.60 per ton. The bid was accompanied by a certified check in the amount of ,'$225. Councilman Jones moved the bid be referred to the City Manager and City Engineer for study and recomnendation. The motion was seconded by Councilman Osborn and carried. REPORTS OF COMMITTEES: , 71 . From the City Manager, recommending that A. J. Hopper Company be granted an extension of time, from January 25, to February 24, 1947, within which to complete construction of the Broadway Storm Sewer. Councilman Sweeney moved the recommendation of the City Manager be approved and the A. J. Hopper Company be granted the extension of time as requested, for the comple- tion of its contract covering this project. The motion was seconded by Councilman Jones and carried. 8. From the City Manager, requesting authorization to dispose of obsolete City property - an old hand-operated Monroe Calculator, now in the Engineering Department Councilman Jones moved the request of the City Manager be granted. The motion was seconded by Councilman Osborn and carried. 9/ From the City Manager, recommending that contract be awarded to Louis A. Alexander for operation of the refreshment concessions in Washington, Lincoln and Krusi Parks, for the calendar year 1947, at his bid price of ,,1,224. Councilman Osborn moved the recommendation of the City Manager be adopted; that contract be awarded to Mr. Alexander for the parks' concessions and that bid check be returned to the unsuccessful bidder. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). In connection with this matter Mr. C. Antone, the other bidder for these conces- sions, addressed the Council, stating that he felt his bid should be accepted for reasons which he did not make clear. Councilman Jones explained the situation to Mr. Antone, pointing out the reasons why the contract would have to be awarded to Mr. Alexander. 10. From the City Manager, recommending that contract be awarded to A. Carlisle & Company for the reprinting of the Alameda Municipal Code, as amended, for the bid price of ci)4,248.63 for 500 copies. Councilman Sweeney moved the recommendation of the City Manager be approved and contract be awarded to the above firm for the specified work. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Jones, Csborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). 11? From the City Manager and Chief of Police, submitting their Affidavit concern- ing expenditures from the Police Secret Fund during the period from July 1, to December 31, 1946, in accordance with provisions of Section 17-11 of.the Charter. The Affidavit was ordered filed. 12. From the City Manager, recommending acceptance of work performed under con- tract covering construction of the Fire Drill Tower and that Notice of Completion be ordered filed. Councilman Sweeney moved the recommendation of the City Manager be approved. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). 13: From the City Manager, recommending the acceptance of work performed under contract covering the installation of parking meters in the City and that Notice of Completion be filed. Yrs. Elsie Roemer addressed the Council in this matter, protesting the acceptance of the installation on the ground that the meters had not been installed in ac- cordance with provisions of the erdinance. Mrs. Roemer pointed out what to her appeared to be several violations of the provisions of the ordinance. She stated that she was of the opinion that since the ordinance was passed in good faith it constitutes a contract with the people and should be lived up to. Mrs. Roemer made glite a point of the meters placed in front of the high school, stating that the ordinance does not establish that area as a parking meter zone and offered it as her opinion that the ordinance should be carried out or amended. She stated that she desired to protest payment of the bill for the installation of the meters because the terms of the ordinance have not been fulfilled. 4 Councilman Jones pointed out that this matter of the placing of meters is entirely an administrative function and that the meters as installed were installed in ac- cordance with instructions issued to the meter company by the Police Department of the City and that inasmuch as the contractors have performed the work they were instructed to perform, there is no reason why they should be denied payment for their work. He stated that if it is found necessary to make any changes or do any additional work, the contractor will perform that work later on - but as of now, they are entitled to receive payment for the work performed. He thereupon moved that the recommendation of the CIA; Ya. ager for the acceptance of the work thus far performed by the meter company be adopted. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). Following this, Councilman Jones suggested that the complaint made by irs. Roomer with regard to over-metering and the placing of meters where not now authorized, be investigated. He pointed out that there is a difference between the ordinance establishing the parking meter zones and the resolution providing for the placement of the meters in the zones thus established. He further suggested that the City ivlanager and City Attorney explain this difference. The City Attorney stated that the parking meter zones are created by ordinance and that one zone has been set up in the east end and one in the west end of the City and that the exact locations of the parking meters within such zones are established by resolution of this Council. He explained that due to inadvertence, the zone west of Oak Street on Central Avenue was omitted from the ordinance and that Ers. Roemer was correct in her statements regarding the illegality of the installation of park- ing meters in front of the high school. He stated this matter Is now being worked out and that the ordinance will be amended to take care of the situation. The City :anager supplemented the City Attorney's remarks by stating that prior to the installation of the meters, five separate location surveys were made and that while our own departments recommended the installation of 602 meters, this number was reduced to 534 meters actually installed. He indicated several changes, which in his opinion, would have to be made, particularly as to the twelve-minute meter zones which had been found to allow too shcrt a time to persons using that parti- cular zone and it was his opinion that this time will have to be increased to twenty-four minutes. He also stated that it has become evident that some twelve- minute areas will have to be changed to one-hour zones, and that it will also be necessary to have time-limit parking extended to the west on Santa Clara Avenue. He stated that scme meters now operating are not needed and will have to be removed, while in other locations, meters will have to be installed to meet, the need for them As to the meters In front of the high school, Y.r. Y.cMillan stated there is a defi- nite conflict of opinion between certain people. Some feel that the meters have performed a very distinct service in clearing up a traffic hazard at the corner of Oak Street and Central Avenue. He stated that the City Council is studying this matter, together with his office and that of the City Engineer, and that it is the general feeling that it is only fair that changes should be made as the need for such changes is demonstrated. As to off-street parking, 1r. IjciVoillan stated this study is progressing, with questionnaires going out to the employer and customer groups. He stated that the returns on these questionnaires will give an over-all picture of the parking situa- tion and will put the City in a position to make an over-al] parking lot survey and start the acquisition of parking lots before the prices get beyond our reach. LIrs. Roemer against addressed the Council on the matter of the effective date of the parking meter ordinance, stating that while the ordinance did not become effec- tive until January 3, it was declared in full force on January 1, and fines were collected on that date. She stated that on December 20, it was declared to be in fcrce and police officers were instructed to issue warning citations. She stated that the City of Eayward had a somewhat similar situation but that the Chief of Police placed gummed tape over the opening of the parking meters and by press and radio, informed the people that the uteters were not in operation and no money should be deposited therein. She stated that last night the Hayward City Connell voted that moneys collected by the meters before the ordinance became effective be given to the Yarch of Dimes. She inquired as to how much money had been collected by the Alameda meters prior to the effective date of the ordinance and where the money was at present. rr. YcMillan replied that the money was in the City Treasury and that the amount could be ascertained at any time l[rs. Roemer wanted to have the figure. The City Attorney remarked that no arrests were made or citations issued until after January 3. iirs. Roemer replied that fines had been collected from meters In the hiEh school block in wh'ch meters are now illegally installed and wanted to know what cola be done about that The City Attorney responded that that was a matter between the person who paid the fines and the court. 14: From the City Y.anager, recommending the acceptance of work performed in con- nection with the reconstructicn of Encinal Avenue and the improvement of other streets, covered by contract, and that Notice of Completion be filed. Councilman Osborn moved the recommendation of the City Ianaer be approved. The motion was seconded by Councilman Jones and on roll call carried by the follow- ing vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). UNFINISHED BUSINESS: 15' Jones introduced the subject of retaining the services of Mr. L. Deming Tilton as a Planning Consultant and stated that it was his understanding that the City Manager has contacted Mr. Tilton and is in a position to make a report which will enable the Council to take whatever action it might desire to take. The City Manager stated that the communication that Mr. Tilton filed with the Council sometime ago, in which he set forth the fees he would charge for his services if retained by the City, was based on a period of eight months at that time and that the figure to be effective now would be based on five months - or to the end of the present fiscal year. He stated that Mr. Tilton's fee would be p525. for the remaining period of the fiscal year for one day's service per month. If two days' services per month were required, the fee would be i-1,000. He stated further that if the City wished to avail itself of Mr. Tilton's services for any extra days, the fee would be ::100. per day, plus expenses. Mr. McMillan stated that he felt it necessary that the City have some outside expert opinion on some zoning matters now coming before it. He pointed out that the park plans are now complete fcr Longfellow and Godfrey Parks and partly ready for Krusi Park and that work is now going on in connection with the Lincoln Park plans. He stated that the Washington Park Memorial is in fairly good shape and that we must have a review of all these plans by someone before they are ready to be submitted for action. He stated that, in his opinion, the City would be saving money by employing some- one with the over-all knowledge and background of planning that Mr. Tilton has. He outlined Mr. Tilton's qualifications and experience and recommended that he be employed by the City of Alameda on a trial basis for the next five months. He stated that if the City desires his services beyond that date, the matter can be gone into at that time. Councilman Sweeney said that he felt it necessary that something be done in this matter of planning and that the only question he had in mind was how much time we would require of the Planning Consultant now. Mr. McMillan replied that one day per month should be sufficient. He stated that we should have an entire review of the Zoning Ordinance and if we need additional time the Council could authorize his employment for additional days. Councilman Sweeney moved that Mr. L. Deming Tilton be engaged as the Planning Consultant of the City of Alameda at the rate of compensation as outlined in his communication to the Council, and as further explained by the City Manager and that his employment for the present be limited to one day per month. The mo- tion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). RESOLUTIONS: 16. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3466 Consolidating Certain Precincts for the General Municipal Election to be Held on March 11, 1947." The motion to adopt said resolution was seconded by Councilman Csborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). Thereupon the Vice President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3467 Calling General Municipal Election to be Held in the City of Alameda on March 11, 1947; Establish- ing Election Precincts; Fixing Number of Election Officers on the 3oard of Election for Each Pre- cinct; and Fixing Compensation of Election Officers." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid (1). Thereupon the Vice President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Osborn, who moved its adoption.: "Resolution No, 3468 Submitting to the Qualified Electors of the City of Alameda Proposals to Amend the Charter of the City of Alameda, to be \oted Upon at the General WiunIcipal Election to be Held in Said City cn Tuesday, March 11, 1947." The motion to adopt said resolution was seconded by Councilman Sweeney and cn roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). Thereupon the Vice President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3469 Appointing Commissioner of Housing Authority in 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 Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). Thereupon the Vice President declared said resolution duly adopted and passed. 20. The foliowing resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3470 Resolution of the City Council of the City of Alameda Relative to Workmen's Compensation Insur- ance for Registered Volunteer "Disaster Service Workers." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). Thereupon the Vice President declared said resolution duly adopted and passed. 21. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3471 Authorizing City Manager to Make Application to State Director of Finance on Behalf of the City of A]ameda for State Assistance in Defraying Cost of Plans for Broadway Storm Sewer. (Project No. 47-17). The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). Thereupon the Vice President declared said resolution duly adopted and passed. 22. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3472 Creating a Special Fund to be Known a s "Street Lighting Fund -- Central Avenue between Chestnut and High Streets", and Transferrinrr, 0,000. from Capital Cutlays Fund Thereto. The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe (4). Noes: None. Absent: President Branscheid, (1). Thereupon the Vice Fresident declared said resolution duly adopted and passed. 23. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3473 Creating a Special Fund to be Known as "Street Lighting Fund -- Lincoln Avenue between_Webster Street and. Fifth Street, and Pacific Avenue from Fourth to Main Streets", and Transferring S17,000. from Capital Outlays Fund Thereto." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). Thereupon the Vice President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: "Ordinance No. 906 New Series An Ordinance Amending the Alameda Municipal Code by Amending Subdivision (b) of Section 15-611 and Amending Section 15-612 Thereof." Councilman Osborn moved the ordinance be adopted as read. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Coun- cilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). Councilman Jones commented on the work done by City Engineer Froerer in the inves- tigations leading up to the passage of this ordinance and stated that as a result of his work, the East Bay Engineers' Committee was able to determine that the grinding of garbage was an entirely satisfactory means of disposal. He stated also that as a result of the recommendations of this Committee, ordinances simi- lar to the one just passed by this Council will be passed by the Councils of other East Bay Cities. Mr. Froerer stated that Councilman Jones explanation was entirely correct and pointed out that while some ten years ago the General Electric Company and West- inghouse Company brought out a disposal device practically all of the East Bay Cities had prohibited its use for the disposal of garbage in the sewer system. He outlined the work of the Engineers' Committee and stated that, in his opinion, the adoption of this ordinance will be to the best interests of the householders of the community and will have no deleterious effect on the sewers. He stated that all East Bay Cities have passed, or will pass, comparable ordinances. 25. At this time, Councilman Sweeney stated that in company with the City Manager Vice President Howe and City Auditor Croll, he had made a trip to Sacramento for a visit with the Governor. He asked that the City Manager be requested to tell the Council something about this meeting with the Governor. Councilman Sweeney remarked that it was a very thrilling experience for him and complimented the City Manager on his very able presentation to the Governor of the facts concerning our snarled up traffic situation. Mr. McMillan reviewed the several matters discussed with Senator Arthur H. Breed and Assemblyman Randal F. Dickey on their recent appearance at a Council meeting in Alameda and stated that these were the matters which he had gone to Sacramento to discuss with the Governor. He stated that all of these matters were fully discussed with Governor Warren and it was the feeling that the Governor realized for the first time the real situation in this City. He stated that the Governor was very sympathetic and felt that the City should be compensated for the losses it has suffered by reason of the taking over of the major portion of the City property by the Federal ,Government and the loss to our assessment rolls through increased numbers of veterans' exemptions. Mr. McMillan stated that the ex- planation of this matter was the main purpose of the visit with the Governor; also to explain the traffic situation here and our effort to get the Federal Aid road, of which the Tube is a part, on the State Highway System. He stated that they had in mind a bill which would allow the State to pay out of its general fund the 42 of the cost of the new Tube which would not be absorbed by the Federal Government. He explained that they asked the Governor to approve a bill making an appropriation of :,4,000,000. out of the general fund of the State of California to match the 58/, to be put up by the Federal Government. He pointed out that the State has just this amount of money now available. liar. McMillan stated that if this bill is considered unwise, we will ask the State Highway Com- mission to place Route 69 on the State Highway System and then ask that moneys be allocated for a portion of the cost of the building of the Tube as a part of the State Highway System. He stated that the prospects of having the Special Census Bill re-enacted and for obtaining a Motor Vehicle Department Office in the City of. Alameda, were quite favorable. On the intra-State transportation of prisoners, he stated that the Governor will go along with us in this matter. On the financing of the Tube and placing it on the State Highway System, the Governor said he would give it his best consideration and advised that skeleton bills be introduced. Following this meeting in Sacramento, another meeting was held in Oakland with the representatives of the County and all East Bay Cities for the purpose of work- ing out a unified plan of action for presenting highway matters to the State High- way Commission. He stated that a meeting is planned for Thursday of this week, with the Highway Commission, at which time representatives of all cities of the County will lay before the State Highway Commission the program worked out at the 49 5 Oakland meeting. He expressed the opinion that by following this line and pre- senting a unified front to the Highway Commission, the individual cities and the county will be able to make greater progress than they have ever been able to make in the past. He stated that at the meeting with the Highway Commission, the principal item for Alameda will be the Tube and the placing of Route 59 in the State Highway System. BILLS: 26. 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 General Departments, ,?10,861.57; Police Department, c4,728.76; at this time: , Civil Service Department, 4132.50; Pound Department, 450.98; Fire Department 1,301.02; Health Department, W„044.41; Street Department, 45,675.44; Recreation Department, 565.98; Park Department, il,256.67: Golf Course De- partment, 4?1,422.45; Store Department; ,772.75; Social Service Department, 111.22; Initiative Relief Fund, ',,10.; Parking Meter Operational Fund, ,237.27; Fire Drill Tower Fund, )3,917.24; Gas Tax No. 1 Fund, 42.; Special Street Lighting Fund, 3,724.94; East Bay Municipal Utility District Fund, i;1,977.33; Special Fire Alarm System Fund, 198.84; Street Improvement Fund, '2,128.66; Parking Meter Fund, y557.53. Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on January 21, 1947, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). 27'. At this point, Mr. McMillan stated that the City Engineer and City Attorney have checked the bid submitted by Heafey-Moore Co. for the furnishing of Crusher Run Base during the remainder of the fiscal year, ending June 30, 1947, and that the bid is sixty cents per ton less than the amount we expected to pay for this material. Therefore, he recommended the contract be awarded at this time to Heafey-Moore Co. Councilman Osborn moved the recommendation of the City Manager be approved and that Heafey-Moore Go. be awarded contract for furnishing the specified material at its bid price of ;1.(''30 per ton. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Jones, Osborn, Sweeney and Vice President Howe, (4). Noes: None. Absent: President Branscheid, (1). ADJOURNMENT: 28. There being no further business to come before the meeting, the Council ad- journed to assemble in regular session on Tuesday evening, February 4, 1947, at 8:00 O'clock. Respectfull-e s