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1946-01-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD WEDNESDAY EVENING, JANUARY 2, 1946 The meeting convened at 8:00 P. M. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Howe, Jones, Osborn, Sweeney and President Branscheid, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held December 18, 1945, were approved as transcribed. WRITTEN COMMUNICATIONS: 2: From Mr. Wallace D. Miracle, 2995 Northwood Drive, thanking the Council for its action in memorializing by resolution his deceased wife, Anna pickle Miracle. The communication was noted and ordered filed. ORAL COMMUNICATIONS: 3. Mr. Frank Gottstein brought up the matter of floods on Webster Street in the west end, claiming that the sewers are too small; that Webster Street was not raised enough and that possibly the sewers have sagged and settled. He deduced this latter conclusion from the fact that the greatest floods occurred at low tide. He suggested that the matter be investigated to determine if the official elevation of Webster Street should not be raised to a point at least one foot higher than the present curb. President Branscheid stated that this matter cannot be approached from the standpoint of elevation and that the situation has been recognized and steps are being taken to remedy the condition. He pointed out that pumps have been installed, or are being installed and that the only thing hindering the immediate operation of the pumping plant to clear up this situation is the fact that because of the machinists' strike it is impossible to get the necessary machine work done on the pumps. The President thereupon called upon Mr. Froerer, City Engineer, to explain the situ- ation in the west end. Mr. Froerer reiterated the statement of the President to the effect that as soon as the necessary machine work can be done on the pumps, the plant will be in operation. HEARINGS: 4. The matter of abatement of nuisance - a dwelling house - on premises at 2135 Central Avenue was called up at this time. City Attorney Whitney addressed the Council and stated that this proceeding was be- ing had under Section 17-1821 of the Health and Safety Code of the State of Califor- nia - that proceedings were started in October, 1945, by the service of notice on the record owners of the premises, calling their attention to the fact that the property is so delapidated and in such a poor state of repair that it constitutes a fire hazard, a breeding place for rodents and a refuge for vagrants, etcetera; that notice was mailed by registered mail as required; that the affidavit of service was on file and that response was made by Mr. and Mrs. Kaifer to the effect that they were not the owners of the property but on the contrary had sold same to the First Southern Baptist Church; that an inspection of the records showed that the transac- tion had not been closed because the Kaifers were still shown as the record owners; that subsequently, a second notice was posted and mailed and the return registered receipt cards are also on file with the City Clerk; that nothing having been done in response to that notice, the City is now ready to proceed with the hearing. He thereupon called Building Inspector Rogers as a witness and Mr. Rogers having been sworn, testified in substance as follows: That the building is in bad state of repair with the windows broken out, roof leaking quite badly, plumbing and wir- ing in bad condition and generally uninhabitable - that the doors are open and the plaster is falling off the walls by reason of the water leaking into the house; that the building is very badly in need of painting and that while the building could be repaired and placed in a habitable condition, the estimated cost of such repairs is about $4,000. whereas the value of the house in its present condition is about $200. The Building Inspector gave it as his opinion and conclusion in the matter that it would not be practicable to repair the building and that it should therefore be razed. Photographs of the premises which were stated by the Building Inspector to be a true representation of the building in its present condition were offered in evi- dence, admitted and filed. Hr. Kaifer was present and in response to a question by Mr. Whitney, admitted that he was familiar with the premises and cognizant of the fact that they are in a very bad state of repair. He stated he had no questions to ask Mr. Rogers, but would like to make a statement which was as follows: That sometime ago he engaged an architect to plan a complete overhaul of the building which the ar- chitect valued at $1,500. in its present condition, but that because of building restrictions and the lack of materials at the time, he was unable to go through with his plans. Last October he was approached by a real estate company which had the First Southern Baptist Church as a prospective buyer of the property. It was given a sixty-day option which expired December 16 and the time was recently extended to January 15. He stated that he had spoken with the minister of the Church this evening and that the minister had stated he was having a meeting with his Board of Trustees and that he expected to have plans made so they could pur- chase the property by January 15. Mr. Kaifer also stated that in the meantime he would have the doors and windows boarded up. Mr. Whitney pointed out to Mr. Kaifer that boarding up the doors and windows would not satisfy the Council and that the place must be repaired or steps taken to place it in a suitable condition; that the nuisance would have to be abated within thirty days and that if the work was not done by Mr. Kaifer, the City would have to go in and do the work and the expense would be a lien on the property. Mr. Kaifer replied that he understood all these things and that while he hoped the sale would go through, he was not certain that it would. Mr. Whitney then stated that under the circumstances there was nothing to do but to pass a resolution finding the building to be a nuisance and ordering the owners thereof to abate the same within the time provided by law; that time heing within thirty days after date of the posting and mailing of a copy of the resolution or- dering the abatement. At this point, Councilman Jones inquired if the legality of these proceedings would be nullified by a continuance of this hearing to such a time as would enable Mr. Kaifer to know definitely whether or not the property was going to be sold. He pointed out that the option expires on January 15 and that if Mr. Kaifer is to wait until the 15th to know whether or not the sale is going through, he will not have sufficient time to comply with the order to abate the nuisance. Mr. Whitney replied that a continuance could be had without in anyway jeopardizing the legality of the proceedings. Councilman Jones thereupon moved that the hearing be continued until the next meet- ing of the Council, at which time Mr. Kaifer could appear and explain to the Coun- cil the conditions as they exist at that time. The motion was seconded by Council- man Osborn and carried unanimously. UNFINISHED BUSINESS: Continued from the last regular meeting of the Council was the matter of the abatement of a nuisance at 2310 Lincoln Avenue, which was presented at this time. Building Inspector Rogers explained to the Council that while the property has not yet been cleaned up, the work is now going on and suggested that the matter be again continued for two weeks. Councilman Howe moved the recommendation of the Building Inspector be followed and the matter continued until the next meeting of the Council. The motion was seconded by Councilman Osborn and carried. RESOLUTIONS: 6. The following resolution was introduced by Councilman Howe, who moved its adoption: "Resolution No. 3267 Authorizing the Filing of an Application by the City of Alameda with the Federal Works Administration for Culverts and Storm Water Disposal Systems Planning Funds.” At the suggestion of Councilman Sweeney, the City Manager explained the purpose of this resolution, stating that there is in the City of Alameda a necessity for such systems. He stated that the money to be borrowed by the City from the Federal Government is for the preparation of plans and pointed out that the Government wishes every City to have a group of projects that are beneficial to the city - the theory being that if we do get back to a work relief program, we will have had prior Federal approval of a group of workable projects. The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the Presi- dent declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 7. "Ordinance No. 885, New Series An Ordinance Amending Section 10 of Ordinance No. 642, New Series, Entitled "An Ordinance Establishing and Regulating the Civil Service System of the City of Alameda." 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 Howe, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. FILING: 8. Financial Statement - Goodell, Byers & Henry - Bureau of ElectricitY, as at November 30, 1945. BILLS: 9. An itemized List of Claims against the City of Alameda and some of the departments thereof, in the total amounts as follows, was presented to the Council at this meeting: General Departments, $2,749.46; Police Department, $35. Councilman Howe moved the bills as itemized in the List of Claims filed with the City Clerk on January 2, 1946, 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 Howe, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 107 Prior to adjournment, City Manager McMillan stated that he wished to report progress on the shoreline plan program, stating that the County is cooperating very nicely with us and that at a meeting to be held on January 15, it will adopt the master plan for the County, after which it will be given to the Board of Supervisors, following whose approval, the City will be in a position to make application for some of the money allocated for this purpose. ADJOURNMENT: 11. There being no further business to transact, the Council adjourned to assemble in regular session on Tuesday evening, January 15, 1946, at 8:00 P. H. Respe t ully S brntted, y Clerk