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1947-04-15 Regular CC MinutesREGULAR MEETING. OF THE COUNCIL 03 THE CITY. OF ALAMEDA HELD TUESDAY EVENING, APRIL 15,-------- 1947 The meeting was called to order at 3:00 P. M. by President 3rarscheid who announced that before officially opening the session, the two Councilmen elected to take office this evening, would be sworn. The City Clerk thereupon administered the Oath of Office to Councilmen S. Chesley Anderson and Sherwood :Jones. The meeting was thereupon officially convened. 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 April 1 1947, were approved as transcribed- At this point, President Branscheid stated that in accordance with provisions of the Charter, the Council would proceed to reorganize for the coming term of two years. He extended the welcome of the Council to the two members just previously sworn in, assurinp, them that he felt certain they would enjoy working with this group and representing the people of Alameda. Flrst; order of business in the re-organization, was the selection of a 3ayor, who will serve as President of the Council for the ensuing two years. Pre iden Brans- cheid declared nominations open for that office. Councilman Osborn placed Councilman W. J. Branscheid in nomination for the office of layor and President of the Council, stating that it had been his pleasure to serve on the Council for the past four years with Councilman Branscheid and that during his term as Mayor for the past two years, he has given of his time without reservation and has done an outstanding job as Mayor, serving faithfully, loyally and more than generously. The motion was seconded by Councilman Sweeney. President Branscheid requested Councilman Jones to take over at this point. Council man Jones put the question and on roll call the vote was unanimously in favor of W. J. Branscheid to serve as Mayor of the City of Alameda for the ensuing term of two years. In response to the applause of the large audience which had gathered for the meeting Mayor Branscheid stated that he accepted the honor conferred upon him with a deep sense of responsibility and that he was going to try to do the same good job he has done in the past, giving the City honest representative and the best administration he could possibly give it. He stated that in order to do this, it will be necessary that he have the support of all members of the Council and he was certain that this would be forthcoming for the next two years as it has been in the past. President Branscheid resumed the Chair and declared the nominations open for the office of Vice President of the Council. Councilman Sweeney nominated Councilman Jones for this office, stating that it was his pleasure to nominate Councilman Jones as one of the most capable men on the Connell. The motion was seconded by Councilman Anderson and on roll call was unani- mously carried. Vice President Jones responded to the applause which greeted his election, stating that he greatly appreciated the honor and would do his best to perform the dutios of the office in as satisfactorily a manner as they had been performed by his pre- decessor, Walter V. Howe. At this point, President branscheid noted the presence of ex-Councilman Va1ter V. Howe and stated that during the past years when the Council had the pleasure of working with A'r. Howe, he had always given it a feeling of confidence because of the serious attitude of mind which he brought to all decisions to be made by the Council He said further that the Council is going to miss Mr. Howe and that the City has lost a faithful servant temporarily, pointing out that he had something further in mind as a means or permitting Mr. Howe to serve the City in the future. Mr. Howe responded to these remarks with a bow to the Council and to the audience. 1:RITTEN COMMUNICATIONS: From the gernside Marina Homeowners Association, requesting the Council to draft an ordinance requiring busses engaged in transporting passengers, to make their stops on the far side of intersections and to take steps to eliminate the congestion of traffic caused by the busses at Santa Clara Avenue and Park Street. President Branscheid stated that the matter referred to in this letter has already been discussed with the Key System and Bartholomew and Associates, and said that in the absence of any objections thereto, he would order a copy of the communica- tion forwarded to them for further consideration. 4. From the State Department of Public Works, Division of HighwaYs, requesting the consent of the City of Alameda for permission to dredge in an area in San Prancisco Bay just west of Bay Farm Island for the purpose of transporting the dredged material to the Eastshore Freeway, Road IV-Ala-69-0ak. Following the reading of this communication, the President stated that this matter would require further study and suggested that it be referred to the City Manager for future report unless he is prepared to report at this time. Mr. McMillan stated he could make a report to the effect that the property from which this fill would be taken is already under lease by the City and in addition, the developers of Bay Farm Island have asked for permission to take material from this area. Mr. McMillan stated that a survey had determined that the presence of some 23,000,000 yards of material is available and that no doubt the 900,000 yards needed for the Eastshore Freeway could be spared, pointing out, however, that it would first be necessary to have a release from the company holding the lease - which release, he stated, was now in the process of negotiation by the State High- way Department and the lessee. He suggested that the Council adjourn to a called meeting in order to be prepared to take action immediately in the event the High- way Department obtains the release it is seeking. President Branscheid inquired as to whether or not further Council action would be necessary in this matter. Lr. McMillan replied that the Council could authorize him to handle the situation provided a clearance of the lease is obtained. Councilman Osborn moved that, if the granting of the request of the State Highway Department is not going to jeopardize the necessary fill for Bay Farm Island and is important to the Eastshore Freeway, the City Manager be empowered to act in the manner in which, in his judgment, tae best interests of the City would be served, upon receipt of the release of the present lessee. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Coun- cilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. REPORTS OF COMMITTEES: 5. From the City Manager, recommending that H. Fairfield, Radio Communications Officer, Police Department, be authorized to attend the Western Division Conference of Radio Communications Officers, at Reno, Nevada, on April 26, 1947, and that v50. be appropriated for his expenses. Councilman Jones moved the recommendation of the City Manager be followed; that Mr. Fairfield be authorized to attend the designated conference and that 00. be appro- priated to defray his expenses. 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. o. From the City Manager, recommending that contract for the project of con- structing a sanitary sewer in Encinal Avenue between Grove Street and Versailles Avenue be awarded to Manuel Enos, the lowest qualified bidder, for the sum of 1,671. Councilman Osborn moved the recommendation of the City Manager be approved; that contract be awarded to Manuel Enos for the specified project and that bid checks be returned to the unsuccessful bidders. 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. 7:( From Otto Rittler, Superintendent of Recreation, thanking the Council for having granted him permission to attend the Conference of California Recreation Executives Association, but explaining that he did not attend due to illness in his family. The communication was j 8, From S. Chesley Service Board of the ordered filed. Anderson, tendering his resignation as a member of the Social City of Alameda, effective as of April 9, 1947. President Branscheid stated that he felt no action would be necessary as the ef- fective date of the resignation was April 9, 1947. However, Councilman Jones moved the resignation of Fir. Anderson as a member of this Board, be accepted. The motion was seconded by Councilman Sweeney and carried. President Branscheid complimented Mr. Anderson on the splendid service he had rendered the City as a member of the Social Service Board. From Chester C. Stutt, tendering his resignation as a member of the City Plannin7 Board of Alameda, effective April 15, 1947. Councilman Osborn moved the acceptance of the resignation, outlining Mr. Stutt's extended period of service as a member of the Planning Board and the outstanding work he had accomplished as a member. Councilman Osborn stated that it was with sincere regret that he had moved the acceptance of Mr. Stutt's resignation. The motion was seconded by Councilman Jones and carried. 10. From Mayor Branscheid, nominating Mr. Earl C. Borton, 1007 Morton Street, to serve as a member of the City Planning Board for the unexpired term of C. C. Stutt, resigned - said term to expire June 30, 1949. The matter was referred to "Resolutions ". 11:' From the City Planning Board, recommending the reclassification of certain property situated on both sides of Santa Clara Avenue, between Fourth and Fifth Streets, from the "A -1" One- Family Dwelling District to the "13" Two-to-Four Family Dwelling District, The matter was referred to "Ordinances for Introduction ". 12. From the City Planning Board, recommending the reclassification of property known as Blocks 12, 13, 20 and 21, and portions of Clay Street (abandoned) bounded by Calhoun Street on the north, Post Street on the east, Otis Drive on the south and Fountain Street on the west - from the "A" One - Family Dwelling District to the "B" Two -to -Four Family Dwelling District. Mr. Joseph Kirschling stated he would like to address the Council in this matter. President Branscheid stated the Council would be glad to hear him but that accord- ing to the provisions of the zoning ordinance, any appeal from the decision of the Planning Board must be filed within three days after the meeting of the Board. At this point, the audience booed and jeered and created a general disturbance. Following this demonstration, Mr. Kirschling addressed the Council, stating that one reason the people of the east end are concerned about this rezoning is the fact that it is the only available homesite for the improvement of east Alameda into a first class neighborhood and they also felt that the building of multiple family dwellings in that district would damage the property in the entire east end of the City. He pointed out that nearly everyone in the area owns his own dwelling and they would dislike very much to see this value torn down. The second point Mr. Kirschling made was that the notices called for a rezoning to the "B" Twp -to -Four Family Dwelling District and that now the builder proposes to erect eight- family buildings. The third point brought out was that the notices of the proposed rezoning were not properly, posted, in that they were not tacked up and that as a result the residents in that section were not given proper notice of the contemplated change until after the action had been taken by the Planning Board. He stated that subsequent to the meeting of the Planning Board, over 500 people signed a petition to have the matter reconsidered and asked permission to have the Clerk read the petition - which was done. Mr. Kirschling reviewed points cited in the petition and requested that the matter be continued because of the discrepancy between what the Planning Board recommended and what the notices showed. President Branscheid stated that he felt the ordinance should be presented at this meeting, pointing out that it cannot be acted upon until the next Council meeting on May 6, and this interim will give everybody an opportunity to investigate the entire situation; that if it is found to be out of line, the Council can reject it. Mr. Kirschling wanted to know whether or not the ordinance would be open for discus- sion on May 6. He was assured by President Branscheid that it would be. At this point, Councilman Jones stated that he felt the residents in that section of the City had a right to bring this matter before the Council and were entitled to a full hearing, pointing out that the Council has before it the recommendation of the Planning Board to change the classification of the property in question and that while such recommendations are necessary and proper, the Council is not bound by the action of the Planning Board. He observed that the Council has not had an opportuni ty to study the plans and that it does not know whether it is for or against them. He remarked that while the Council has now heard the substance of the objections to this plan, it should also hear the arguments in favor of it in order that it might be able to reach a decision on the merits of the entire problem. Councilman Jones stated that it was his feeling that any citizen has the right to offer anything to influence the Council in reaching a proper decision in any matter before it. Councilman Sweeney inquired of the City Attorney, through the President, if the fact that the ordinance is on the agenda for introduction, means that it must be intro- duced tonight. The City Attorney informed him that the Council has not as yet reached the subject of Introduction of Ordinances" but that it is now only consider ing the recommendation of the CitydPnnghooardthehich ayrbe rejected or accepted and that if it is accepted, the t lani Councilman Jones requested that the person naskingfor xthis rezoning explainitted. situation to the Council, so it might be k just The President called on Mr. Grantham, who made a very brief reply to several ques- tions propounded by people from the audience and on the Council. The meeting was further addressed by several leading real estate brokers in town, including Messrs. Ward and Agnew, who opposed the proposed reclassification. Mr. Al. Burns also addressed the Council and engaged in a verbal exchange with Council- man Osborn over Councilman Osborn's alleged lack of knowledge of the plans being submitted to the Council. Mrs. Alice Caton addressed the Council in favor of the project for the reason that it would take care of families and give them a place to live. Councilman Jones then moved the Council postpone action in this matter until the next meeting. President Branscheid pointed out that if the matter is laid over until May 6, it means just that much more delay if the Council is going to take favorable action on the passage of the ordinance. Councilman Sweeney stated that it seemed to him that Mr. Kirschling had made the request that this matter be continued because of the fact that a number of people in the neighborhood had had no opportunity of looking into the matter and that as they are the people living around their and to be most affected by the erection of these buildings, he personally, would not vote on the passage of the ordinance to- night. President Branscheid explained that the ordinance could not be passed tonight and that it could be turned down at the next meeting of the Council after everybody has had three weeks' time to look into the matter. At this point, Mrs. Johansen entered the discussion and stated that the petition now on file with the Council asks for reconsideration of the recommendation of the Planning Board; that the residents in that section are simply asking the Council to go further into the matter and that they expect the Council will give them a fair hearing and considerate treatment. President Branscheid stated that he is not opposed to reconsideration of the recom- mendation but is merely trying to point out that time is an important element in the situation. Councilman Sweeney thereupon seconded the motion made by Councilman Jones. Councilman Osborn stated that he would not vote in favor of the motion to lay the matter over but that he would vote in favor of introducing the ordinance, from which action it was not to be inferred that he is going to vote to change the classifica- tion of the property under consideration. He stated that this would give every- body an opportunity to study the plan before they are required to vote on the pas- sage of the ordinance and that it would give the people in the neighborhood the same opportunity to familiarize themselves with what is actually contemplated. He stated that the ordinance should be introduced so that in case it is decided it is to be passed, it can be passed on May 6. Councilman Jones stated that as to the introduction of the ordinance, it can be introduced regardless of our acceptance or rejection, or failure to act upon, the recommendation of the Planning Board. Councilman Osborn stated that if Councilman Jones would withdraw his motion, he would move that the recommendation of the City Planning Board be not accepted at this time, but that the ordinance be introduced for action at the next meeting of the Council. Councilman Jones, and his second, Councilman Sweeney, agreed to the withdrawal of their motion and second, respectively, and Councilman Osborn thereupon restated his motion - which failed for lack of a second. Thereupon Councilman Jones stated that inasmuch as the Council has not had an oppor- tunity to study the plan, he would move the recommendation of the Planning Board be laid over until May 6, for further study and investigation. The motion was seconded by Councilman Sweeney. Councilman Osborn inquired as to whether or not Councilman Jones contemplated the introduction of the ordinance. Councilman Jones replied that he did not contem- plate anything, as the Council does not know what the plan really is. The President put the question and on roll call the motion carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 13. Councilman Anderson 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 37 to Ordinance No. 725, New Series. 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 38 to Ordinance No. 725, New Series. Following the introduction of this ordinance, President Branscheid called attention to the fact that the last ordinance introduced was that effecting the proposed re- zoning in the east end and that everybody will now have three weeks to investigate the matter before it comes up for a vote on its passage. Councilman Osborn stated that while he had introduced this ordinance, his introduc- tion thereof did not necessarily mean he would vote for its passage. UNFINISHED BUSINESS: 15d The matter of the offer of Robert Baldridge of Berkeley to install advertising benches at certain designated stops along the bus routes in the City of Alameda, was reported on by the City Manager, who stated that while Mr. Baldridge is a very fine person and had made considerable headway with this plan in some cities such as Rich- mond, El Cerrito and Albany, he questioned whether it would be wise to place these benches on the streets of Alameda, pointing out that each bench would carry the ad- vertisement of one or more merchants in the City and that if the benches were not properly placed, it might lead to some feeling among the merchants. He concluded his report by stating that it was a matter of policy for the Council to determine. Councilman Osborn stated he felt there were many ramifications to this request and that the City might find something serious developing out of it. He thereupon moved that permission to install the advertising benches be not granted. The motion was seconded by Councilman Anderson and carried. NEW BUSINESS: 16 ®'' The City Manager reported on a survey of bus operations made early in April, to determine how closely the busses are adhering to the schedules on which they are sup posed to operate. He read various portions of the report, stating that from the over -all point of view, he could state that the service of the bus system has im- proved considerably since the time of the last survey, with a much closer following of schedules and the addition of quite a number of runs thereto. He pointed out, however, that the City must continue its activities to see that additional service is obtained for the evening hours, as one or two additional busses at the peak even- ing hours would work a great improvement. He also remarked that some busses were leaving the terminals ahead of schedule and that steps had been taken to correct this situation by reason of the fact that many commuters have missed the bus they started out to catch because of these early departures. RESOLUTIONS: 17. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3516 Adopting Specifications for Furnishing Vitrified Clay Pipe for Replacement of Sanitary Sewers on Park Street from Clinton Avenue to Otis Drive, to the City of Alameda, Calling for Bids and Directing the City Clerk to Advertise the Same." 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. 18. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3517 Adopting Specifications, Special Provisions and Plans for Bay Farm Island Interceptor Sewer System, Calling for Bids and Directing the City Clerk to Advertise the Same. 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. 19. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 3518 Transferring $590.16 from Capital Outlays Fund to Street Lighting Fund -- Encinal Avenue." 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. 20. The following resolution was introduced by Councilman Osborn, who moved its adoption: 'Resolution No. 3519 Approving First Supplemental Memorandum of Agreement for Expenditure of 1/4 Cent Gas Tax Allocated for Streets of Major Importance." 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. 21. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3520 Appointing Member of the City Planning Board." 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. Following the adoption of the last resolution, Councilman Osborn pointed out that the member appointed to the Planning Board was Mr. Earl C. Borton, a long time resident of the City of Alameda and one well qualified to undertake the duties of that office. ORDINANCES FOR PASSAGE: 22. "Ordinance No. 916, New Series An Ordinance Repealing Subsection (5) of Section 17 -442, of Article 4, Chapter 4, Title XVII, of the Alameda Municip.1 Code and Adding Thereto Subsections (5), (7), (8), (9), (10) and (11)." 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 Anderson, Jones, Osborn, Sweeney and President Branschdid, (5). Noes: None. Absent: None. The President called upon the City Manager to tell the audience where the signals provided for in the ordinance, were to be located - which was done by Mr. McMillan. FILING: 23. Specifications - No. MS 4 -47 -4 - Furnishing Vitrified Clay Pipe. 24. Specifications - No. PW 4 -47 -2 - Bay Farm Island Inceptor Sewer System Construction. 25. First Supplemental Agreement for Expenditure of 1/4 Cent Gas Tax. BILLS: 26. An itemized List of Claims against the City of Alameda and the several, depart- ments thereof, in the total amounts as follows, was presented to the City Council at this meeting: General Departments, $8,397.48; Police Department, $2,079.31; Civil Service Department, $35.66; Pound.Department, $32.08;.. Fire Department, $705.01; Health Department, $417.; Street Department, $2,815.06; _ Recreation Department, $602.28; Park Department, p2,109.86; Golf Course Department, 41,014.52; Store Department, 760.81; Social Service Department, $62.04; Parking Meter Operations Fund, 17.79; Parking Meter Fund, $183.72; Street improvement Fund, $3,333.91; East Bay Municipal Utility District Fund, • $1,981.75; Special Street Lighting Fund, $1,229.19. Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on April 15, 1947, and presented to the City 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 t None. ADJOURNMENT: 27. There being no further business to come before the meeting; the Council adjourned to assemble in regular session on Tuesday evening, May 6, 1947, at 8:00 o'clock. Respec f ted,