1947-12-16 Regular CC MinutesREGULAR MEETING OF TUE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, DECEMBER 16, 1947
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.
MI iUTES:
1. The minutes of the regular meeting held December 2, 1947, and the adjourned
regular meeting held December 9, 1947, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. From the Fernside liarina Homeowners, requesting the Council to take all neces-
sary steps to provide for pedestrian safety by causing the busses to pick up and
discharge passengers at the far side of each intersection.
This communication was referred to the file on this subject, the President pointing
out that the matter is now under consideration by the Key System and that a report
of the survey should be forthcoming very shortly.
Yr. McMillan stated that all information which will appear in the report has now
been gathered and is merely awaiting compilation and should be out in its final
form during the coming week.
3. From the Encinal Yacht Club, concerning the tideland improvement plan and
pointing out that the Club's property would thereby be isolated and cut off from
ingress and egress by water to and from San Francisco Bay which would make the
Club's property useless for yachting purposes. Inquiry was made to ascertain if
compensation for damages is contemplated if the plan is carried out.
President Branscheid stated that so far as compensation for the loss of any property
by the Yacht Club is concerned, the matter would be referred to the City Attorney
for his opinion. He stated that the City is not contemplating making any fill and
that anything we might do along the south shore will not affect the rights of
Encinal Yacht Club in any manner.
The President thereupon requested the City Attorney to advise the Yacht Club along
these lines.
4:4 A petition was presented, signed by fifteen residents in the 1900 block on
Broadway, requesting that a sidewalk be constructed on the property at the corner
of Clement Avenue and. Broadway because operations of Loop Lumber and Mill Company
make it necessary for the people to use the public street for a walkway.
President Branscheid stated this matter had previously been before the Council and
the City Attorney had been instructed to make an investigation of the situation.
Ile thereupon requested the City Attorney to make a report.
Nr. Whitney stated he had checked into the sidewalk matter and has requested the
property owners to place sidewalks in the designated areas or request the City to
do the work and assess it to the property.
Mrs. Augusta Reid, one of the signers of the petition, was present and requested
that something be done about the trucks coming and loading and unloading at all
hours of the day and night. Also, about their unloading lumber all around the
property and causing people to walk around the property because of the blocking
of the sidewalk areas.
In response to this suggestion by Yrs. Reid, the City Attorney stated he had given
the property owners two or three weeks within which to take action in the premises.
President Branscheid noted that a report had been made on the sidewalks and they
have apparently been ordered in, and therefore this phase of the situation should
be well in hand.
4. v/
Petition was presented, signed by twenty-four residents cf Broadway, Pearl
Street and Fernside Boulevard, requesting the Council to take the necessary steps
to restrain the Loop Lumber and Mill Company from constructing a lumber yard on
the property located at the corner of Clement Avenue and Broadway.
Following the reading of this petition, the City Manager requested that the minutes
of the Council meeting dealing with the previous complaint along this line be read
into the record at this point to determine where the responsibility had been placed
for straightening out the situation complained of.
The minutes of the meeting held November 18, were read, indicating that the matter
had been referred to the City Attorney with the request that he take the necessary
steps to abate any existing nuisance.
Frs. Gruening, one of the signers of the petition, was present on behalf of the
petitioners and requested information as to when the Loop Lumber and Eill Company
had been given a permit to unload lumber. She was informed that the district in-
volved is in the Light Industrial District and the operations carried on by the
company are proper within that zone.
Some mention having been made of a Use Permit granted to a Er. Owens, who is in the
contracting business, for the purpose of allowing him to store lumber and equipment
on certain property close to the Loop Lumber and Yin Company, Mr. McMillan pointed
out that the property involved in the Owens permit is on the south side of the rail
road tracks and in an entirely different zone.
Following some discussion between members of the Council and the City Attorney, it
was quite definitely established that the Loop Lumber and Fill Company is operating
within the proper area but they are piling lumber in the streets and on the side-
walk areas which is not permissible by anybody in any area.
The President stated that, in his opinion, the Police Department should investigate
this. Frs. Gruening retorted that the Police have investigated the matter on dif-
ferent occasions and the situation has not improved.
Yr. FcMillan stated he had recommended that the City Attorney be instructed to take
steps to get the lumber kept back off the streets, and stated that the way to stop
this sort of thing is to get the sidewalks in place.
Councilman Jones stated that some mention had been made of steps being taken to
abate the nuisance complained of and pointed out that while the Loop Lumber and.
Fill Company might have the right to do the things it is doing, the City Attorney
night be able to approach it on the basis of consideration for neighboring resi-
dents and get the company to cut down its night time operations to the absolute
minimum. He suggested that the City Attorney should proceed along these lines.
The City Attorney stated that nothing has been done along this line for the reason
that it is necessary to check into the lumber company's rights in the premises and,
until this is done, no letter should be written.
Councilman Jones stated he recalled that the Loop Lumber and Mill Company has re-
,
cently asked the City for some consideration for the usage of City property adjacent
to its plant and that in view of this situation it might open the way to negotia-
tions that would bring about some solution of the problem complained of by the
people in that vicinity.
Councilman Csborn observed that he thought a thorough investigation should be made
to determine whether or not the. Loop Lumber and Mill Company is violating any ordi-
nances by piling lumber outside the Industrial Zone and that if such is found to be
the case, it should be required to keep within the proper zone, pointing out th&t
it is his understanding that the company is presently doing this very thing.
Bringing the matter to a close, President Branscheid instructed the City Engineer
and City Attorney to thoroughly investigate the entire situation and give the Coun-
cil a complete report of their investigation, together with a map showing, exactly
what is taking place in the area.
OPENING OF BIDS:
5 No bids were received on the Cityts call for furnishing one new 1947 or 1948
Coupe for the City Engineer, in accordance with Specifications and Provisions there-
for, No. ES 12-47-27.
Fr. EcMlan suggested he be authorized to purchase the automobile on the open
market.
Councilman Jones moved the City Manager be authorized to buy the car. 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.
One bid was received from Alek Alexander in the amount of 3,31O. for the
privilege of operating the refreshment concessions in Washington, Lincoln and Krusi
Parks for the two-year period commencing January 1, 1948, and ending December 31,
1949.
Councilman Osborn moved the bid be accepted and the contract be awarded to Yr.
Alexander.
President Branscheid stated he felt it would be advisable to have the City Manager
and City Attorney report on the matter before the Council passed on it.
Councilman Osborn then moved the bid be referred to the City Manager and City
Engineer for study and recommendation.
Just prior to adjournment, Councilman Jones suggested that Councilman Osborn wished
the matter of the bid to be acted upon this evening.
The City Manager stated that if he could check the old contract and have the ap-
proval of the City Attorney, he would be glad to make his recommendation this
evening.
The Clerk obtained the old contract for checking by the City Manager and the City
Attorney having approved the proposal as to form, Mr. McMillan recommended the
Council accept the proposal and award the contract to Alek Alexander for opera-
tion of the refreshment concessions in Washington, Lincoln and Krusi Parks for
the sum of ,y3,310. during the period stipulated.
Councilman Sweeney moved the recommendation of the City Manager be followed and
the contract be awarded to Mr. Alexander at the bid price submitted. 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.
REPORTS OF COMMITTEES:
./1
7. From the City Manager and City Auditor, submitting their report on the Count
of Money held December 10, 1947, showing there was chargeable to the City Treasurer
the amount of q2,508,500.71, the sum which according to the Auditor's records
should have been at that time in the City Treasury.
The report was ordered filed.
8 /
From the City Manager, recommending that he be authorized to dispose of the
supply of scrap iron which has accumulated at the City Yard.
Councilman Sweeney moved the recommendation of the City Manager be adopted and he
be authorized to dispose of this scrap iron. The motion was seconded by Council-
man Anderson and unanimously carried.
9. From Mayor Branscheid, nominating Mr. William McAuley to the office of member
of the Social Service Board of the City of Alameda for the term commencing July 1,
1947, and expiring June 30, 1950.
The matter was referred to "Resolutions."
INTRODUCTION CF ORDINANCES.
10. 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 Section 12-323 of Article 2,
Chapter 3, Title XII, of the Alameda Municipal Code,
Relating to Hours of Conducting Public Dances."
Councilman Jones stated this ordinance changes the closing hours of public dances -
advancing the time of closing from 12 midnight, to 1:00 a. m.
11. 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 Amending Section 17-432 of the Alameda
Municipal Code by Adding Subdivisions (24), (25)
and (26) Thereto."
NEW BUSINESS:
12. Councilman Jones introduced the subject of a letter received from the Federal
Public Housing Authority pertaining to the housing project known as Makassar Straits
Village, in which letter it was suggested that the City might be willing to consent
to the transfer of this particular housing unit from its own Housing Authority to
the United States Navy. He stated he felt that, in order that the President might
appropriately reply to this communication, members of the Council should express
their opinions regarding the request made by the letter.
He stated that personally he did not favor the transfer cf this housing unit to the
Navy because the City now receives taxes from that property which it would not re-
ceive if the property were under control of the Navy. Further, the City has been
hoping that all war housing might shortly be removed and it was his feeling that
if It is placed under Navy control, it is very doubtful if it will ever be removed.
Councilman Sweeney stated he heartily agreed with the opinion exnressed by Council-
man Jones and that he would like to have the City Manager give some information
concerning the taxes now being received by the City as a result of this housing
unit being under the local Housing Authority's jurisdiction.
Mr. McMillan stated that the general City Government receives approximately ) ,000.
and the School Department receives 4,C06. and that the Federal Government also
pays taxes of approximately :10,000. to the County Government, this amount includes
the school taxes. The City Manager pointed out that the City is bound to maintain
public services in these units and to put them under Navy control would simply be
adding to the City's expense without any compensation therefor.
Councilman Osborn expressed himself very forcibly on this subject, registering an
emphatic disapproval of transferring the housing unit to the Navy, basing his ob-
jections on the grounds that to make such a transfer would be tantamount to desig-
nating the property as permanent housing.
Councilman Anderson summed up the objections of other rembers of the Council and
move d the City oppose the request set forth in the letter from the Federal Public
Housincr, Authority. The motion was seconded by Councilman Sweeney and carried.
13. The Clerk reported the City Attorney had requested permission to enter into
stipulation with Counsel for Pacific Fridge Company for the postponement of trial
of certain actions involving payment of taxes on possessory interest in property
owned by the ITnited States Government.
Councilman Osborn moved the City Attorney's request be granted and he be author-
ized to act in accordance therewith. 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.
14. The Clerk reported the City Attorney desired authorization of the Council to
accept an offer of settlement in a condemnation proceedings now pending by the
City against a certain T:iss Storey for the acquisition of certain property adja-
cent to Krusi Park.
Councilman Osborn moved the request of the City Attorney be followed and he be
authorized to accept the offer of settlement as designated. 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: -one.
RESOLUTIONS:
15. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 3659
Commending Members of State Legislature for Their
T:eritorious Service to the City of Alameda in the
Last Session of That 3ody.
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: Hone. Absent: Hone. ?hereupon
the President declared said resolution duly adopted and passed.
16. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
It Resolution No. 3660
Appointing Member of Social Service Beard."
0
The notion 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: Hone. Thereupon
the President declared said resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
17. "Ordinance No. 928,
New Series
An Ordinance Reclassifying Property by Addin
Section 41 to Ordinance No. 725, New Series.
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.
FILING:
18. Financial Statement - Goodell, Byers 0 Co. - City cf Alameda,
as at November 30, 1947.
19. Financial Statement - Goodell, Byers (S: Co. - Bureau of Electricity,
as at October 31, 1947.
BILLS:
20. An itemized List of Claims against the City of Alameda and the departments
thereof in the total amounts as follows, was presented to the Council at this
meeting: General Departments, ;315,312.44; Police Department, w5,521.95;
Civil Service Department, ,31.44; Pound Department, ,46.46; Fire Department,
'?1,163.20; Health Department, c?407.95; Street Department, ,y4,909.19;
Recreation Department, '519.20: Park Department, ,'1,491.86; Golf Course
Department, ;474.22; Store Department, ,:;654.37; Social Service Department,
,44.94; Initiative Relief Fund, 47.; Special Street Lighting Fund, .7?1,729.55;
Bay Farm Island Sewer Fund, ,10.; Park Street Sewer Fund, 5,540.68; East Bay
1:unicipal Utility District Fund, ,1,994.; Traffic Safety Fund, 526.70: Webster
Street Storm Sewer Fund, ,12.; Parking lJeter Operations Fund, $2.46; Gas Tax
No. 1 Fund, c-77.39; Gas Tax No. 2 Fund, ;,333,271.10.
Councilman Jones moved the bills as itemized in the List of Claims filed with the
City Clerk on December 16, 1947, 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.
v7
21. Just prior to adjournment, Councilman Jones stated that in line with a custom
of long standing, he desired, on behalf of the Council, to extend to the employees
of the City of Alameda the best wishes of the Council and thanks for the very fine
services rendered by the employees of Alameda and the officials of the City during
the past year. He suggested the department heads be notified of this action on
the part of the Council and the Clerk was instructed by the President to make the
necessary notification.
Councilman Osborn inquired as to whether cr not Councilman Jones was putting this
matter as a motion and Councilman Jones stated he would be happy to do so. The
motion was then seconded by Councilman Osborn and unanimously carried.
22/ President Branscheid raised the question of the time and place for further
hearing in the matter of the proposed shoreline development plan, stating that he
felt it would be advisable to give at least two weeks' notice of the next hearing
and that an auditorium should be secured for use which wil] be sufficient in size
to seat all who might wish to attend.
It was finally determined that January 21, 1943, be set as the tentative date for
the meeting and President Branscheid stated that this date would be announced as
the date of the further hearing at the next meeting of the Council to be held
January 6, 1948, in the event nothing occurred in the meantime to cause a change
in the tentative date.
ADJOURNMENT:
23. There being no further business to come before the meeting, the Council ad-
journed to assemble in regular session on Tuesday evening, January 6 ,1948 at
8:00 o'clock.
Respectf •ed,