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1955-05-03 Regular CC Minutes205 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MAY 3, 1955 The meeting convened at 8:00 P.M. with President Kranelly presiding. The Pledge of Allegiance was lead by Councilman Moresi. ROLL CALL: The roll was called and Councilmen Haag, Hove, McCall, Moresi and. President Kranelly, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held April 19, 1955, were approved as transcribed. OPENING OF BIDS: 2. Bids were opened and read for the project of Installing Storm Drains and Ditches for the new Golf Course, in accordance with Specifications, Special Pro- visions and Plans therefor, No. PW 4-55-9, as follows: From Daniel L. Trade Accompanied by a Bid Bond From J. Henry Harris Accompanied by a Bid Bond From Bay Pacific Construction & Engineering Co. Accompanied by a Bid Bond From H. L. Harp Accompanied by a Bid Bond $26,325.50 22,721.30 21,689.04 20,977.00 From Paris Brothers - 18,309.00 Accompanied by cashier's check in amount of - 1,500.00 and check in amount of - - 497.82 From McGuire and. Hester OM NM 1.. 28,888.30 Accompanied by a Bid Bond The foregoing bids were referred to the City Manager for his study and recommendation. WRITTEN COMMUNICATIONS: 3 From the United Brotherhood of Carpenters & Joiners of America, Local Union 36, congratulating the City Council for its foresight in approving the Utah Construction Company's project to create new lands and housing in the City. President Kranelly said the Council thanks this Local for its interest and referred the communication to the Utah file. 411 From Augustin C. Keane, notifying the Council that the text with reference to Ordinance No. 1148, New Series, to appear on the ballot for the Special Municipal Referendum Election is argumentative in advocacy of the approval of said ordinance. He called attention to the last issue of the "Memos On Your City" and stated that this is violative of the law and the costs for the preparation and mailing of said "Memos " cannot be a charge against public funds but are a personal liability of the Board, members and of the officers of the department administered by them. He also claimed that Ordinance No. 1148, New Series, had not been published as required by the City Charter in that the proposed agreement "which draft is incorporated herein and made a part hereof" as referred to in Section 7 of the Ordinance had not been published in full and the map designated as "Exhibit A" had not been included in the publication. It was pointed out that the foregoing notices were given on behalf of William S. Godfrey, Mildred L. Keane, C. G. Klitgaard, Elizabeth T. Lassen and Bert Mansfield, voters and taxpayers of the City of Alameda, as well as for all other voters and taxpayers of said City. President Kranelly stated the Council wishes to thank Mr. Keane for his letter and the matter was referred to the Utah file. From the Home Ice Fuel and Supply Co., signed by Homer Foote, Secretary, making application for permission to place a portable automatic ice vending machine on the premises situated at the southeasterly corner of Webster Street and Buena Vista Avenue, It was also requested that the machine be located upon the lot line and the requirement of a four-hour fire wall or the four-foot setback, if applicable to port- able structures, be waived. It was explained that the machine contains a motor and refrigeration unit which has every possible safeguard, including cut-off switches - there is no fire hazard in connection with it. The communication also pointed out that this service has been requested by various business establishments and individuals in the neighborhood. This matter was referred to the City Manager for his investigation and report at the next meeting of the Council. 6t. From the Alameda Citizens Progress Committee, signed by John R. Wendt, Chairman, with regard to the attempt to invalidate the action of the City Council to permit the development of a model residential community in Alameda and assuring the Council that the vast majority of Alameda citizens support it and that the Committee is going to use its greatest energy to get out the largest vote in the history of Alameda on election day. President Kranelly thanked the Progress Committee for its support and then referred, the letter to the Utah file. (". From the Alameda Aerie No. 1076, Fraternal Order of Eagles, signed by Jack Fledderman, Worthy President, extending an invitation to the members of the Council to attend its Mother's Day program at the Alameda High School Auditorium on Sunday, May 8, at 2:00 o'clock and also its Grand Anniversary Ball and Open House at the Eagles Hall, 2305 Alameda Avenue, to be held Saturday, May 14, at 9 :00 o'clock P.M. President Kranelly stated there will be Council representation at these affairs and thanked the organization for its invitation. ORAL COMMUNICATIONS: 8. Councilman Moresi commented on the new lights which have been put in Posey Tube and remarked they are a very great improvement to the visibility when entering the Tube, and she moved the Council direct the City Manager towrite a letter to the Board of Supervisors of Alameda County requesting it to proceed with the installation of the rest of these new lights - and expressing thanks especially to Supervisor Sweeney for his efforts in having this matter taken care of so quickly. 9� Mr. Augustin C. Keane, Attorney, and Chairman of the Campaign Committee, addressed the Council with reference to his letter - and still contended that Ordi- nance No. 1148, New Series, had not been published in the proper manner because it did not include the publication of the proposed Agreement and the Map designated as "Exhibit A" - and, therefore, the ordinance was not valid. He admitted that the Referendum Petitions which had been filed in this matter were also illegal due to the fact that they, too, had not included the printing of the Agreement and the Map in full. He cited certain cases to substantiate his claim. He said he felt confi- dent the Council would agree there is no need for the Special Election, in view of these circumstances. Upon request of President Kranelly, City Attorney Clark refuted Mr. Keane's allega- tions concerning the improper publication of the ordinance by citing certain Court decisions. He gave a detailed explanation and opinion on the subject. He pointed out that in all similar cases, the ordinance itself was published but parts referred to were not published. Mr. Clark stated that, in view of the authorities which have been cited - that the ordinance as published is good and sufficient - certainly the City Council, believing it to be such, would incur no liability for holding an election thereon. With regard to the language used in connection with the measure as it will appear on the ballot, Mr. Clark pointed out it cannot be construed as argumentative, but is merely an explanation of the question, which is required by the Elections Code. He stated there will be no argument pro or con on the ballot - the City having deter- mined not to include such - and, if the opponents had wished to submit an argument against the measure, it should have been filed with the petitions - as the Elections Code stipulates that if any argument is to be included, it must be printed on the ballot itself in a Referendum Election. President Kranelly stated the City Council relies upon the advice of its legal coun- sel and will act in accordance therewith. Several persons in the audience inquired concerning certain phases of the proposed development of the south shore - Mrs. Helen Freeman, 831 Laurel Street; Mrs. Bertha C. Toy, 1616 Dayton Avenue; and Mr. Alfred Cantor, 1814 Clinton Avenue - how the land value of the proposed filled area was determined and the lay -out of the buffer strip, as well as the question of zoning. City Manager Froerer and Planning Director Williams were called upon and explained the situation insofar as possible at this time - pointing up the fact that if and when the land is filled and development progresses, the matter will be before the City Planning Board for study with regard to zoning and proper improvements. Even- tually, a Tentative Map will be submitted and Hearings held. REPORTS OF COMMITTEES: 16. From the City Manager, recommending that Forrest V. Routt, Jr., Executive Secre- tary of the Civil Service Board, and one member of the Board, be authorized to attend 20 i the Western Regional Conference of. the Civil Service Assembly, to be held at Hoberg's from May 22 through May 25, 1955, and A115. be appropriated for expenses. Councilman Hove moved the City Manager's recommendation be accepted; that Mr. Routt and one member of the Civil Service Board be authorized to attend the specified Con- ference for the period indicated and 3115. be appropriated for their expenses. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5) Noes: None. Absent: None. 11. From the City Manager, submitting a copy of the letter addressed to the District Engineer, Corps of Engineers, United States Army, concerning the extension of the lease for the anti-aircraft battery on Bay Farm Island - and requesting the Council to confirm the statement made that the lease will be extended to June 30, 1958. Councilman Moresi moved the Council extend this lease between the City of Alameda and the Corps of Engineers, United States Army, for the period designated. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None, Absent: None. From the City Planning Board, recommending the denial of the petition from Kathro B. Bowen to reclassify her property at 1201 Union Street, from the "B" Two- to--Four Family Dwelling District to the "C" Multiple Dwelling District, because the proposed construction of an eight-unit apartment house would over-crowd this lot area. Councilman McCall moved the recommendation of the Planning Board be followed and its action sustained, that the property in question not be rezoned. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None. Absent: None, V 13. From the City Manager, stating that all work has been satisfactorily completed on the Construction of the Clubhouse at Lincoln Park and recommending that it be accepted and the Notice of Completion be ordered filed. Councilman Haag moved the City Manager's recommendation be adopted; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None. Absent: None. 14. From the Mayor, nominating Mr. William Raimondi for appointment to the office of member of the Recreation Commission, for the remainder of the unexpired term of Mr. R. P. Kranelly, resigned. The term will expire August 31, 1955. This matter was referred to "Resolutions". UNFINISHED BUSINESS: 15. Councilman Moresi asked the City Manager what the present status of the off-street parking situation is. Mr. Froerer answered that consideration of locations of the proposed parking lots is being given by the local Committee and Stone & Youngberg. Theya re continuing with their investigation and the preparation of a report - but a definite report has not yet been made. Councilman Moresi moved the matter be referred back to Stone & Youngberg and their Traffic Engineer, with the request that they bring in recommendations to the City Council as to sites they feel are feasible to be used. She said she felt some defi- nite action should be taken. The motion was seconded by Councilman McCall and unani- mously carried. RESOLUTIONS: 16. The following resolution was introduced by Councilman Hove, who moved its adop- tion: "Resolution No. 5095 Transferring 600.00 from Recreation Account No. 151.101 to Recreation Account No. 151.402. (Furniture & Fixtures)" The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman Moresi, whomoved its adop- tion: U0 "Resolution No. 5096 Resolution of the Council of the City of Alameda Establishing Election Precincts, Designating Polling Places Therefor and Naming Officers of Election for Each. Precinct for Special Municipal Referendum Election to be Held on Tuesday, May 24, 1955." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman McCall, who moved its adop- tion: "Resolution No. 5097 Adopting Specifications for Furnishing to the City of Alameda One (1) New 1955 Four-Door Sedan, for the Police Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Haag, who moved its adop- tion: "Resolution No. 5098 Adopting Specifications, Special Provisions and Plans for Installation of a Storm Sewer Lateral on Blanding Avenue East of Park Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Hove and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Hove, who moved its adop- tion: "Resolution No. 5099 Adopting Specifications, Special Provisions and Plans for Rental of Grading Equipment for Construction Work for the New Municipal Golf Course, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 21. The following resolution was introduced by Councilman Moresi, who moved its adop- tion: "Resolution No. 5100 Appointing Member of Recreation Commission. (William Raimondi)" The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None. Absent-: None. Thereupon the President declared said resolution duly adopted and passed. FILING: 22. Specifications and Provisions No, MS 5-55-7 - For Furnishing to the City of Alameda One New 1955 Four-Door Sedan for Police Department. 23. Specifications, Special Provisions and Plans - No. PW 5-55-10 - For the Installa- tion of Storm Sewer Lateral on Blanding Avenue East of Park Street. 24. Specifications, Special Provisions and Plans - No. PW 5-55-11 - For the Rental of Grading Equipment for Construction Work for the New Municipal Golf Course. 209 BILLS: 25. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 51,288.90, was submitted to the Council at this meeting. The list was accompanied by a certification from the City Manager that the Claims shown were correct. Councilman McCall moved the bills as itemized in the List of Claims filed with the City Clerk on May 3, 1955, and submitted to the Council at this time, be allowed and paid. The motion was seconded by Councilman Haag and on roll call carried by the following vote. Ayes: Councilmen Haag, Hove, McCall, Moresi and President Kranelly, (5). Noes: None, Absent: None. ADJOURNMENT: 26. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, May 17, 1955, at 8:00 o'clock. Respectfuliy submitted, Cit' le