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