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1943-04-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EITHING-, APRIL 6, - - 1943 The meeting convened at 8:00 p. m. with President Godfrey presiding. ROLL CALL: The roll was called and. Councilmen branscheid, Howe, Jones, Maurer and President Godfrey, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held March transcribed. 1943, were approved WRITTEN COMMUNICATIONS: 2. From Cahill Brothers, Contracting Engineers, requesting refund of building permit fee in the amount of $254.50 paid for construction of a warehouse at Bethlehem-Alameda Shipyard, Inc. This structure has now been determined to be the property of the United States Government and is therefore exempt from fee for a building permit. There being no objections, this matter was referred to 'New Business". _ 3. From the Pacific Coast Building Officials Conference, giving notice of the publication of the 1943 Edition of the Uniform Building Code and urging its adoption by this City. The Office of the Building Inspector believes the edition of the Code under which we are now functioning is adequate for all of our present needs. The communication was therefore ordered filed. 4. From the War Transportation Council of the Oakland Defense Council, addressed to the City Manager, enclosing a copy of a letter from it to Mr. Homer Grant of the California State Railroad Commission and also a copy of a letter from Mr. Warren K. Brown of the Railroad Commission with regard to the progress being made toward improving the bus loading facilities at San Francisco Terminal. There being no objections, the communications were ordered filed. From Mr. George H. 1,:oble, requesting permission to move houses known as 751 and 753 Eagle Avenue to Lots 9 and 11, block F-193 of "Alameda Homestead Tract", situated on the north line of Eagle Avenue between Park and Everett Streets. Councilman Maurer moved permission be granted Jr. Noble to move the houses in question with the provision that all requirements of the City ordinances per- taining to house moving be complied with in every detail and that this permis- sion be given with the understanding that the houses be moved to the ,location specified in the request and to none other. The motion was seconded by Council- man Branscheid and unanimously carried. 6. From Mr. George H. Noble, requesting permission to move a house known as 2615 Otis Drive, to Lots 12 and 13, Block 82 of "The Town of Encinal and Adja- cent Lands," situated at the northeast corner of Court Street and Encinal Avenue. Councilman Branscheid moved permission be granted 'Jr. Noble to move the house in question with the provision that all requirements of City ordinances pertain- ing to house moving be complied with in every detail and that this permission be given with the understanding that the house be moved to the location specified in the request and to none other. The motion was seconded by Councilman Howe and unanimously carried. ORAL CO=INICATIONS: 7. Mr. Frank Gottstein addressed. the Council with regard to requesting the local shipyards to exchange their workers who live outside of Alameda with ship- yards in other vicinities of the East Bay area who have engaged workers living in Alameda - in this way alleviating some of the stress of the transportation problem. OPENING OF BIDS: 8. Bids were presented and read for the furnishing of one new automobile to the City of Alameda, as follows: From Don Lee, Inc. - - - - - - - - - Accompanied by certified check in amount From James F. Waters - - - - - - - --- Accompanied by check in amount of - - .1,326.83 132.68 1,568.74 156.87 There being no objections, the bids were referred to the City Manager for study and recommendation. After examination, Mr. McMillan stated he would recommend that the bid presented from Don. Lee, Inc. in the amount of $ 326.83 be accepted. Councilman Maurer then moved the recommendation of the City Manager be adopted; that bid of Don Lee, Inc. be accepted, for the furnishing of one new Oldsmobile Business Coupe at the price of $1,326.83 and that check. be returned to the un- successful bidder. The motion was seconded by Councilman Howe and on roll call carried by the following vote. Ayes: Councilmen Branscheid, Howe, Jones, Maurer and President Godfrey, (5) . Noes: None. Absent: None. REPORTS OF COMMITTEES: 9. From the City Manager, recommending that contract of Key System Transit Company be accepted, for the removal of tracka, spikes, tie plates and the re- paving of the trench. on Nnoinal Avenue between Oak. and Sherman Streets, as the work has been completed to the satisfaction of the City Engineer. Councilman Jones moved the recommendation of the City ianager be adopted and contract of the Key System Transit Company covering the above work be accepted. The motion was seconded by Councilman Fran scheid and on roll call carried by the following vote. Ayes: Councilman. Branscheid, Howe, Jones, Maurer and President Godfrey, (5). Noes: None. Absent: None. yt 10. From the City Attorney, recommending that he be authorized to file, and the Mayor to verify, an answer in behalf of the City of Alameda, in the action en- titled, "UNITED STATES OF AMERICA, Plaintiff, vs. 46.9591 acres., etc., THE REGENTS OF TEE UNIVERITY OF CALIFORK al., DefendanNts, Ho 22478-R." Councilman Howe moved the recommendation of the City Attorney be approved and he be directed to file an answer in the above entitled action. The motion was seconded by Councilman Jones and unanimously carried. 11. From the Offibe of the Buil(ling Inspector, slibmitting a report on the matter referred to it by tne Council at lts regular meeting held March 1.6, 1943, relative to a certain. type of low-cost housing which was advocated 1- Richardsons, Realtors. Another set of plans have been filed by Ma.. Richardson. for study by the lainI Inspector since this matter was originally presented to the Council and there being no objections, the matter was referred back to the Building Inepector for further investigation and report. 12. From the City Attorney, reporting on the advisability of enacting a City ordinance makinE it a misdemeanor to trespass upon or destroy Victory Gardens. References to the Penal Code of the State of California were set forth and it was evident that these laws provided greater penalties than those which would be stipulated by a City ordinance and it is the opinion of the City Attorney there is nothing a City ordinance could add to the effectiveness of these sections. There being no objections, the opinion. of the City Attorney was accepted. Councilman. Maurer stated it is his opinion that notification should be given to the fact that the State law adequately protects against the destruction of or stealing from Victory Gardens and sets forth punishment therefor and he would move that the Chief of Police be requested to instruct his officers to vigorously prosecute any persons caught molesting Victory Gardens and be dealt with in ac- cordance with the provisions of State law and also that the District Attorney be requested to prosecute the offenders. Further, that copies of the City Attorney's letter be sent to the Junior Chamber of Commerce, which organization first called this matter to the attention of the Council, informing it that the Council does not believe it advisable or necessary at this time to adopt a City ordinance. The motion was seconded by Councilman Branscheid and unanimously carried. 13. From the City Attorney, recanflending that he be authorized to file an answer on behalf of the City of Alameda, setting forth the City's liens for taxes and requesting the reservation of easements for sewers and electric power lines and also setting up the City's interest in Fifth Street and Buena Vista Avenue with regard to that certain action entitled, "UNITED STATES OF AMERICA, Plaintiff, vs. Certain land, etc., ALAi,,,aDA BELT LINE RAILWAY, et al., Defendants, No. 22407-R." Councilman. Maurer moved the City Attorney's recommendation be adopted; that he be authorized to file an answer in the above stated action. The motion. was seconded by Councilman Howe and unanimously carried. 14. At this time a letter was read, addressed to Councilman Maurer and signed by Councilmen Jones, Howe, Branscheid and. President Godfrey, expressing regret that his term as Councilman is now expiring and extending appreciation of his unswerv- ing cooperation and support. A gift was then presented to Councilman Maurer from these four members of the Council, and Councilman Maurer expressed his appreciation. At this point Mr. Gottstein also voiced his personal regret upon Councilman Maurer's retirement from office. NEW BUSINESS: 15. The request from Cahill Brothers, Contracting Engineers, for the refund of fee paid for building permit, in the amount of ,t254.50, for the construction of a warehouse at Bethlehem-Alameda Shipyard, Inc., was again presented. There being no objections, this matter was referred to the City Attorney. V4 16. There was presented to the Council, bonds executed by American Surety Com- pany of New York, Nos. 774052-K and 773996-K, both effective as of April 16, 194, and for one year thereafter for the faithful performance of and covering officers and employees named and for the respective amounts specified in Section 2-511 of the Alameda Municipal Code. Councilman Howe moved these bonds be accepted and approved. The motion was seconded by Councilman Branscheid and unanimously carried. RESOLUTIONS: 17. The following resolution was introduced by Councilman Branscheid whomoved its adoption: "Resolution No. 2844 Providing for Administration of the Victory Tax." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Branscheid, Howe, Jones, Maurer and President Godfrey, (5) . Noes: Lone. Absent: None. Thereupon the Mayor declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 2845 Approving Agreement with State of California Department of Public Works, Division of Highways for the Improvement and Maintenance of Atlantic Avenue." The motion to adopt said resolution was seconded by Councilman Howe and on roll call carried by the following vote. Ayes: Councilmen Branscheid, Howe, Jones, Maurer and President Godfrey, (5). Noes: None. Absent: None. Thereupon the Mayer declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 2846 Authorizing Payment of Judgment to County of Alameda." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Branscheid, Howe, Jones, Maurer and President Godfrey, (5). Noes: None. Absent: None. Thereupon the Mayor declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Maurer, who moved its adoption: "Resolution No. 2847 Fixing Salary of City Attorney." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Branscheid, Howe, Jones, Maurer and President Godfrey, (5). Noes: None. Absent: None. Thereupon the Mayor declared said resolution duly adopted and passed. FILING: 21. Annual Report - Alameda. County Mosquito Abatement District. 22. Financial Report - Goodell, Byers 4 Henry - City of Alameda, as of February 28, 1943. 23, Financial Report - Goodell, Byers 4 Henry - Bureau of Electricity, Month of webruary, 1943. 24. Audi.tor's Balance Sheet - Month ending March 31, 1943. 25. An itemized List of Claims against the City. of Alameda and the several departments thereof in the total anounts as follows, together with an additional warrant payable to tne County of Alameda for a judgment awarded, were presented to the City Council: Store Department, 0_0.00; initlative Relief Fund, N.5.00; aeneral Department, $578.30. Councilman Maurer moved the bills and claims against the City, and the additionai . warrant authorized by the Council, in the amounts listed. and itemized in. the List of Claims filed with. the City Clerk oh. April 6, 1943, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Coun- cilman. Branscheid and on roll caal carried by the following vote. Ayes Councilmen Branscheid, Lowo, Jones, Maurer and President Godfrey, (5) . Loos: None. Absent: hone. ADJOURIT=T: 26. There bein7) no further business to come before trio meetin04, th e Council adjourned to assemble in roL;ular session on Tuesday evenin, April 20, 1943, at 8:00 p. m. R6sp ctfully sub, M-414-te City Clerk eve.L.4..e