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1940-08-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA CALIFORNIA HELD TUESDAY EVENING, AUGUST 6, --------------- 1940 The meeting convened at 8:00 o'clock P. M. with President Weichhart presiding. ROLL CALL: The roll was called and Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5), were noted present. MINUTES: 1. The minutes of the regular meeting of ally 16, 1940, were approved as trans- cribed. WRITTEN COMMUNICAT 2. From the Alameda Chamber of Commerce, giving notice of action taken by its Board of Directors that the Council be requested to take under consideration the appointment of a regularly constituted "Housing Authority" for the purpose of aid- ing in determining upon a solution of Alameda' imminent housing needs. After discussion the matter was referred to the Committee of the Whole, with the statement that if it were desired, the matter could be discussed further under "Oral Communications". From the Alameda Chamber of Commerce, inauiring what progress has been made on the suggestions of the Alameda Chamber of Commerce Housing Committee incorporated in a report addressed jointly to the Alameda City Council and Alameda City Planning Board under date of July 11, 1940. Inquiry was also made with regard to the suggested crea- tion by the City of Alameda of the office of "City Architect". Councilman Carrington suggested this matter be referred to theCity Attorney. Council- man Godfrey then moved that the Alameda Chamber of Commerce be notified the City Council is of the opinion it is unnecessary to hire a City Architect and it does not intend to do so; also, that the Chamber of Commerce be informed the other suggestions contained in its report in connection with the Housing Authority are under consideration. The motion was seconded by Councilman Maurer and on roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absefit: None. 4. From the League of California Cities, giving notice of the 42nd Annual League Con- ference to be held in San Diego, September 16 to 19, 1940, and urging officials of the City of Alameda to attend. Mayor Weichhart urged all officials who could attend this Conference to do so and to ake reservations through the City Manager. There being no objections, the communica- tion was ordered filed. 5. From the Department of Public Health of the State of California, urging the attend- ance of the City of Alameda Health Officer at the League of California Cities' Conven- tion. This Convention will be held in San Diego, September 16 to 19, 1940. The City Manager stated that recommendations of those officials who will attend the League Convention will be presented to the Council at its next regular meeting and sug- gested this matter lie over until that time. There being no objections, the communica- tion was ordered filed. 6. From Mr. Peter Cappa, requesting a permit from the Council to move a house now located on the Longfellow School grounds to a lot on Brush Street, Alameda. Councilman Maurer moved that the Council grant this permit, subject to the provisions of the ordinance regulating such procedure. The motion was seconded by Councilman Carrington and on roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. From the Alameda County Taxpayers' Association, Inc., enclosing a report on the cost per person in various cities for municipal government in Alameda County. There being no objections, the communication was ordered filed. From the Auditor of the County of Alameda, enclosing claim for refund of fees paid for registering vital statistics, amounting to 4986.50 for a period from March, 1934, to December, 1939. There being no objections, the matter was referred to the City Manager and the City Attorney. ORAL COMNUNICATIONS: 9. judge Edward J. Silver requested permission to address the Council at this time with regard to the matter scheduled for hearing at this meeting concerning temporary revocable permit issued for premises known as 1617 Central Avenue, now occupied by Mrs. Pauline A. Carver as a boarding house for aviation students. Judge Silver requested a continuance of the matter until the next regular meeting of the Council. As this procedure was agreeable to the Building Inspector, who was present, the continuance was granted. ) 10. Councilman Morris presented a plan and sketch of a possible remedy for the conges- tion of traffic at the Oakland side of the Posey Tube and requested the City Manager present the matter to the proper Oakland authorities for study and for whatever action is necessary, and to report back thereon. 11. Mr. Frank Gottstein addressed the Council with regard to various transportation and traffic matters and requested particular information from the City Manager con- cerning what had been done about routing traffic over 8th Street in order to alleviate congestion on Webster Street. The City Manager stated that upon investigation it would not be advisable to make 8th Street a through thoroughfare at this time. v 12. Councilman Morris spoke of the present need of a police officer to direct traffic at Webster Street and Pacific Avenue and suggested the possibility of installing a light at this intersection which would eliminate the need there of a police officer. The City Manager stated he did not think it would be advisable to install a light at this intersection until the proposed widening of Pacific Avenue had been completed and explained that the police officer directing traffic at Pacific Avenue and Webster Street was the one assigned to regular Webster Street patrol duty. 13. The City Manager spoke of the anticipated method of taking care of the congestion of traffic on the Alameda side of Posey Tube by establishing one way routes of traffic to the rear of Posey Tube, thereby eliminating any cross traffic in this vicinity. 14. The City Attorney stated that police officer Roland G. Dowen had been sued for false imprisonment by Reverend D. George Cole and Hermina Johanna Egberts in the Su- perior Court of the State of California, and recommended the Council take action au- thorizing the City to undertake the defense of Officer Dowen in these two cases, and that the City Attorney be authorized as such to represent him. Councilman Morris moved that the recommendation of the City Attorney be approved, and the City undertake the defense of Officer Dowen in said actions, seconded by Councilman Carrington and on roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. HEARINGS: 15, As Judge Edward J. Silver had appeared before the Council at this meeting under "Oral Communications", requesting continuance until the next regular meeting of the Council on the hearing in the matter of a temporary revocable permit issued for premises known as 1617 Central Avenue, to be used as a boarding house, Councilman Maurer moved that the matter be continued until the next regular meeting of the Council, this pro- cedure having the approval of the Building Inspector. The motion was seconded by Coun- cilman Carrington and on roll call carried by the following vote. Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. REPORTS OF COMMITTEES: 16. From the City Planning Board, recommending reclassification of property lying on the south line of Central Avenue, 67.34 feet west of Paru Street, with a frontage of 67.34 feet, from Residential District, Class I, to Residential District, Class 1 3/4. Councilman Morris moved the recommendation of the City Planning Board be approved, seconded by Councilman Maurer and on roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None, Absent: None. 17. From the City Planning Board, submitting three documents as follows: 1. Certified copy of resolution adopted by said Board at its adjourned regular meeting held Monday evening, August 5, 1940, entitled, "Approving and Adopting Two Certain Proposed New Zoning Ordinances Constituting the Proposed Comprehensive Zoning r'lan of the City of Alameda; and. Recommending Enactment Thereof by the Council of the City of Alameda"; 2. Certified copy of proposed new zoning ordinance No. 724, New Series, referred to in said resolution. • Original proposed ordinance No. 725, New Series, to- gether with attached map forming part thereof and also referred to in said resolution. Councilman Maurer moved that the documents ,of the City Planning Board as stated be approved, seconded by Councilman Morris and on roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5) Noes: None. Absent: None. p/ 18. From the City Manager, recommending that Chief of Police, Vern Smith, be authorized to attend the annual Convention of the Pacific Coast International Association of Law Enforcement Officials, to be held in Reno, Nevada, August 27, to 29, 1940, and that an amount not to exceed 450.00 be allowed for his expenses. Councilman Carrington moved the recommendation of the City Manager be adopted, seconded by Councilman Maurer and on roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 1 . From the City Manager, attaching thereto two communications from Henry T. Stanley, Commander of the United States Navy and Officer in Charge of the Naval Air Station at Alameda. These communications stressed the serious housing situation in the City of Alameda, with particular regard to the housing of persons employed by the Naval Air Station, and sets forth the procedure for the establishment of a local Housing Authority. Establishment may be accomplished through amendment of the United States Housing Authority Act, which Act makes it possible for either local government, naval or military authorities or the United States Housing Authority itself to take the necessary action to provide housing facilities for persons engaged in now increased governmental activities. The City Manager recommended a local Housing Authority be established. After an ex- tended discussion by the members of the Council, the matter was ordered referred to "Resolutions". O. From the City Manager, submitting a detailed budget showing estimated revenue and expenditures for the City of Alameda and all departments thereof for the fiscal year 1940-1941. There being no objections, the tentative budget was referred to the Com- mittee of the Whole. ORDINANCES INTRODUCED: 21. Councilman Carrington introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Repealing Chapter 1 of Title XI of the Alameda Municipal Code and Adding to the Alameda Muni- cipal Code in Lieu Thereof a New Chapter to Regulate, Restrict and Segregate the Location of Industries, Business, Trades, Dwellings and Other Specified Uses; To Regulate and Limit the Height and Bulk of Buildings Hereafter erected; to Regulate and Determine the Area of Yards and Other Open Spaces; For said Purpose to Divide the City into Districts or Zones; To Define the Terms Used Herein; and Repealing all Ordinances in Conflict Herewith." 22. Councilman Maurer introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Adopting a District Map for the Purpose of Bounding and Describing the Use Districts of the City of Alameda." 23. Councilman Godfrey introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Repealing Articles 1 and 2, of Chapter 2 Title XIV, of the Alameda Municipal Code and Adding to the Alameda Municipal Code in Lieu Thereof a New Article Establishing the City as a Fire District and Designating and Describing the Fire Zones Therein." 24. Councilman Maurer introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding a New Article 2, of Chapter 2, Title XIV, Relating to Prohibition of the Operation or Main- tenance of Certain Businesses within Certain Por- tions of Fire Zone No. 1 of the Fire District." 25. Councilman Carrington introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding to Chapter 3, Title XV Thereof a New Article to be Known as Article 4, Regulating Nursing Homes." 26. Councilman Maurer 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 2-117 of the Alameda Municipal Code." 27. Councilman Godfrey introduced the following ordinance, after which it was laid over under provision of law and the Charter: UNFINISHED BUSINESS: "Ordinance No. New Series RECLASSIFYING PROPERTY (South Line Central Avenue, 67.34 Feet West of Paru Street)." 28. Councilman Morris requested Mr. Frank Cresstetto to explain to the Council regard- ing his complaint of lumber being unlawfully deposited on property adjoining his home on Brush Street. Mayor Weichhart assured Mr. Cresstetto that everything possible will be done to clear this lumber away to his satisfaction. RESOLUTIONS: 29. The following resolution was introduced by Councilman Morris who moved its adoption: "Resolution No. 2504 Adopting Budget for Conducting the East Bay Sewage Survey and the Expenditure of Moneys in the East Bay Sewage Survey Disposal Fund." The motion to adopt said resolution was seconded by Councilman Maurer and upon roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. Thereupon, the Mayor declared said resolution duly adopted and passed. 30. The following resolution was introduced by Councilman Maurer who moved its adoption: "Resolution No. 2505 Cancelling City Taxes on Real Property Acquired by the Veterans' Welfare Board of the State of California." The motion to adopt said resolution was seconded by Councilman Godfrey and upon roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None, Absent: None. Thereupon, the Mayor declared said resolution duly adopted and passed. 31. The following resolution was introduced by Councilman Carrington who moved its adoption; "Resolution No. 2506 Authorizing 000.00 for Advertising." The motion to adopt said resolution was seconded by Councilman Maurer and upon roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None, Absent: None. Thereupon, the Mayor declared said resolution duly adopted and passed. 32. The following resolution was introduced by Councilman Maurer who moved its adoption: "Resolution No. 2507 A Resolution Declaring the Need for a Housing Authority in the City of Alameda, California." BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows: That the Council of the City of Alameda, a municipal corporation in the County of Alameda, State of California, hereby determines, finds and declares, in pursuance of the "Housing Authorities Law" of the State of California, that: 1. Insanitary and unsafe inhabited dwelling accommodations exist in the City of Alameda, California; 2. There is a shortage of safe and sanitary dwelling accommoda- tions in the City of Alameda, California, available to persons of low income at rentals they can afford; 3. There is need for a Housing Authority in the City of Alameda, California; 4. The City Clerk California, of the ado omptly notify the Mayor of the City of Alameda, on of this resolution; 5. The Mayor be and he hereby is directed to file in the office of the City Clerk of the City of Alameda, California, the necessary certi- ficate of appointment of the Commissioners of the Housing Authority, designating their terms of office and designating the First Chairman of the Housing Authority, pursuant to Section 5 of the "Housing Authori ties Law" of the State of California; and 6. Great necessity exists for the immediate preservation of the public peace, health and safety and this resolution is hereby declared to be an urgency measure necessary for the immediate preservation of the public peace, health and safety and shall therefore go into immediate effect. A statement of the facts constituting such necessity is as follows: Unemployment and the existence of unsafe, insanitary and congested dwelling accommodations in said City of Alameda and the existence therein of a shortage of safe and sanitary dwelling accommodations available at rates which persons of low income can afford have produced an alarming economic and social condition in said city. The immediate adoption of this resolution will enable housing projects to be undertaken in this city and fur- nish employment to many persons now idle, and enable them to become self-supporting, and will alleviate the aforesaid housing conditions." The motion to adopt said resolution was seconded by Councilman Carrington and upon roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. Thereupon, the Mayor declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 33. "Ordinance No, 721 New Series Amending Sections 548 and 549 and Repealing Sections 550, 551 and 552 of Article 3, Chapter VIII, of Ordinance No. 1, New Series, Relating to Licenses for Outdoor Advertising; and Adding New Sections Numbered 550 and 551." Councilman Godfrey moved the ordinance as read be adopted, seconded by Councilman Carrington and on roll call carried by the following vote. Ayes: Councilman Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 34. "Ordinance No. 722 New Series An Ordinance Amending Section 10-111, of Article 1, Chapter 1, Title X, of the Alameda Municipal Code." Councilman Carrington moved the ordinance as read be adopted, seconded by Councilman Maurer and on roll call carried by the following vote. Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None. Absent: None. 35. Councilman Maurer stated that inasmuch as copies of the ordinance next to be adopted and of the printed Building Code and Specification Documents referred to and adopted by the ordinance were delivered to each of the members of this Council and the City Manager before the introduction of the ordinance, and the Councilmen indivi- dually are familiar with the contents thereof, reading of the ordinance be confined to the adopting portion thereof and that the reading of the Code and Documents referred to in the ordinance be dispensed with by unanimous consent. The motion was seconded by Councilman Morris and unanimously carried. "Ordinance No. 723 New Series An Ordinance Regulating the Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Demolition, Conversion, Occupancy, Equipment, Use, Height, Area and Maintenance of all Buildings and/or Structures in the City of Alameda; Providing for the Issuance of Permits and Collection of Fees Therefor; Providing Penalties for the Violation Thereof; Repealing Ordinances No. 387, New Series, No. 460, New Series, No. 530, New Series and No. 551, New Series and all Other Ordinances and Parts of Ordi- nances in Conflict Therewith." Councilman Morris moved that the ordinance so indicated be adopted, seconded by Council- man Godfrey and on roll call carried by the following vote. Ayes: Councilmen Carring- ton, Godfrey, Maurer, Morris and President Weichhart, (5). Noes: None, Absent: None. 36. "Ordinance No. New Series RECLASSIFYING PROPERTY (Northwest Corner Van Buren and High Streets)." Councilman Carrington moved that consideration of passage of this ordinance be laid over until the next regular meeting of the Council. The motion was seconded by Councilman Maurer and carried unanimously. 37. At this point, Councilman Maurer moved that the order of business revert back to "Introduction of Ordinances", seconded by Councilman Morris and unanimously carried. ORDINANCES INTRODUCED: (Continued) 38. Councilman Maurer introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Uniform Building Code of the City of Alameda Adopted by Ordinance No. 723, New Series." 39. Councilman Morris now moved that the meeting continue under the regular order of business, seconded by Councilman Carrington and unanimously carried. FILING: 40. Tentative Budget of City Manager for fiscal year 1940-1941. 4.1. Auditor's Balance Sheet - July 31, 1940. 42. Affidavit of Publication - Notice of Public Hearing on Zoning Plan. 43. Financial Report of Retirement Board - As of June 30, 1940. 44. Financial Report of Bureau of Electricity - As of June 30, 1940, 45, Financial Report of Goodell & Henry on Bureau of Electricity and Public Utilities Board - A3 of Tune 30, 1940. 46. Financial Report of City of Alameda - Goodell & Henry - June 30, 1940. BILLS: 47. 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: Generel Departments, 3,885.73; Police Department, 4213.94; Civil Service Depart- ment, p32 46, Pound Department, 435.07; Fire Department, Q882.58; Street Depart- ment, ,:1,003.63; Health Department, 08.88; Recreation Department, 4507.97; Park Department, 707.57; Golf Course Department, 4204.06; Store Department, ,1553.33; Social Service Department, '121.84; Initiative Relief Fund, 4128.25; Street Improvement Fund, 4501.83. Councilman Maurer made a motion that the bills and claims against the City in the amounts listed and itemized in the List of Claims filed with the City Clerk on August 6, 1940, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Carrington and on roll call carried by the following vote, Ayes: Councilmen Carrington, Godfrey, Maurer, Morris and Presi- dent Weichhart, (5). Noes: None, Absent: None. 48. There being no further business to come before the Council, the meeting adjourned to meet in regular session on Tuesday evening, August 20, 1940, at 8:00 o'clock P. M. ly submitted,