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1953-06-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, JUNE 16, 1953 The meeting convened at 8:05 o'clock P. M. with President Sweeney presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the adjourned regular meeting held June 9, 1953, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. /From Middleton, Suman & Hackleman, Certified Public Accountants, submitting their proposal for auditing services during the fiscal year ending June 30, 1954, at the following per diem rates per seven hour day: C. P. A. Partner - Supervisor $,49.00 Senior accountants 35.00 Semi- senior accountants 28.00 Junior accountants and clerical assistants 21.00 It was stated the maximum fee will be $3,600 per annum. Councilman Jones moved the letter be referred to the Committee of the Whole for the Council's consideration. The motion was seconded by Councilman Moresi and unanimously carried. 3. ✓From Utah Construction Company, with regard to its holdings of approximately 878 acres of tidelands property on Bay Farm Island. It was stated that the Company pro- poses to develop these lands into a modern residential community in accordance with the Master Plan. It was also requested that the Council express its general approval and attitude toward this development in order that the Company may include this with its application to the Federal Housing Administration for insurance of first mortgage loans on homes and multiple dwelling units under Title II of the National Housing Act. Councilman Anderson moved that this letter be referred to the City Manager to draft a reply to be submitted to the Council at the next meeting and then to be forwarded to the Utah Construction Corporation after approval. He stated he felt the Council and City of Alameda are very much interested in the development of this large acreage and, in principle, we certainly support it. He said he felt, however, the Council should read the letter which will go to this company, stressing that the Council does not commit itself and further, the Council is in agreement in principle but is not tied down to any particular details. The motion was seconded by Councilman McCall and unanimously carried. /. ✓`From the District Public Works Office, Twelfth Naval District, addressed to the City Manager - signifying the Navy's intention to cooperate and comply with the City's zoning regulations in the construction of certain housing in the west end of the City in connection with the proposed rezoning of the 100 -foot strip of property along the south side of Central Avenue, from "C" to "A -1" Dwelling District. The communication was noted and ordered filed. 5. VA A telegram was read from Louis J. Breuner, President of East Bay Municipal Utility District, addressed to Mayor Sweeney, notifying the City that there will be a reduction in water rates to all consumers in the District, effective September 1, 1953, and listing the schedule of old and new rates. President Sweeney stated it is very pleasant to hear of a reduction in anything nowa- days and, if agreeable to the Council, he would have a letter written to Mr. Breuner thanking him for this information. ORAL COMMUNICATIONS: 6. President Sweeney stated that two weeks ago he had made a statement concerning the time allotted to any speaker from the floor, which he felt had been misinterpreted. He explained that, at that time, he had anticipated some debate on a certain matter coming up and therefore had felt it would be wise to limit any speaker's time. He invited anyone who wanted to speak to feel free to do so. At this point, President Sweeney introduced the new President of the Alameda Chamber of Commerce - Otto Keim, the Vice President - Stanley D. Whitney, former City Attorney and the General Manager - Vic Cangi. 40 REPORTS OF COMMITTEES: 7. /'From the City Planning Board, submitting its recommendation that an ordinance be passed which would prohibit any further Trailer Camps within the City of Alameda and further, that no transfer or extension of Permits be granted by the City Manager for existing Trailer Camps. This was in response to the Council's request that the Board examine the matter of Trailer Camps, after the Council's receipt of a petition which was read at the last meeting, from Dorothy O'Brien and R. Ferrero to repeal certain Sections of Ordinance No. 631, New Series, pertaining to "Limitation of Residence" and "Police Reports" in connection with Trailer Camps. President Sweeney asked if there were any representatives of the interested parties present. Mrs. Dorothy O'Brien, operator of the Alameda Yacht and Trailer Park, inquired if her petition was coming up for consideration. Upon the request of President Sweeney, City Manager Froerer stated that, in pursuance of the Council's instructions at the last meeting, he has initiated an investigation and proposes to go into the matter very thoroughly indeed. He stated the Council and the petitioners must appreciate the fact that there are five departments involved in the matter of Trailer Camps and reports from each of these have to be obtained. He stated they will be in before the next meeting. Councilman Jones stated that perhaps the Council could indicate by motion that no action would be taken until the meeting of July 7. He made a motion to this effect. There was no second. Mrs. O'Brien addressed the Council, stating she felt there should be certain infor- mation -given to the Council on this subject before it is determined if the so-called ninety -day occupancy limitation would or would not be a detriment. She explained that trailers have grown from the "covered wagon" days when the Trailer Camp Ordinance was enacted. She pointed out that those in the Trailer Park business are trying to make it a worthwhile business and felt that the northern part of the State is not as aware of some of the benefits of Trailer Parks as the southern part is. She said some of these "mobile homes" cost from $3,000. to 47,000. and are fully and completely equipped to take care of that type of living. She stated she had been surprised to read in the newspaper the comment made by the Planning Board with regard to the type of people living in Trailer Parks, which would seem to indicate that the Board con- sidered people living in trailers "unfit" for the City of Alameda. She said she had thought the Planning Board would give the matter some study and would inspect the Trailer Park itself and she felt it should have taken more time to learn some of the facts concerning Trailer Parks. With regard to the ninety -day occupancy limitation, she said she could operate on that basis, because she had lots of applications, but it would not be an efficient way of conducting such a Park. She then introduced Mr. Tony Garcia, Chairman of the local Association of Alameda County Trailer Park Owners. Councilman Anderson interposed a question with regard to the investment of these people in their automobiles and trailers and asked if any information could be given as to how their current income compares with that of others. Mr. Garcia stated he thought the Council is not prepared to act on this matter tonight. He suggested a work session with the Council to discuss this question thoroughly. He mentioned that San Leandro had considered adopting an ordinance which would have strangled the operation of Trailer Parks but the situation had been satisfactorily worked out and he expressed the hope that the matter could be ironed out here. He pointed out that they are striving to make Trailer Courts a credit to the community in which they are located. In answer to Councilman Anderson's inquiry, he stated he had found the income of trailer occupants to be far higher than the average - the income ranging from ,4,500. to $16,500. per year. He also stated their credit rating is very good. He pleaded that the Council give this matter its further consideration and offered the cooperation of his Association. Councilman Jones stated the Council was not in a position to agree to any conference because the reports called for by the City Manager are not ready and he, therefore, moved that the matter of consideration be deferred until the Council meeting of July 7, in order that a full Council might be present to entertain the report of the City Manager and decide what the next action will be. He stated he was a member of the City Council at the time the Trailer Camp Ordinance was adopted, which was necessi- tated by the war situation. At that time it was felt that after the war population increase was relieved, the Trailer Camps would be too, due to the fact that those who had come temporarily to Alameda would leave - but that has not happened. He stated that these people do not pay their share of the City taxes. Mr. Garcia again asked that his Association be given the oppurtunity to discuss the matter of taxes and other pertinent details before any action is taken. Councilman Jones explained that the matter would be fully discussed at the next regu- lar meeting of the Council because by then the full reports and information would be in for consideration. 407. Councilman Anderson stated he thought perhaps Councilman Jones' motion should be amended from all discussing the matter at the next meeting to the effect that a work session between the City Manager and the Association might suffice and if mutual agreement were found at that time, it would then be agreeable to the Council to act at the next meeting if this arrangement is satisfactory to the City Manager. Mr. Froerer stated he would be very happy to meet with these people but at present he did not know what the reports would indicate. Councilman Jones accepted the amendment to his motion, which was then seconded by Councilman Anderson and unanimously carried. Councilman Anderson stated he had inspected the premises of the Trailer Park and had been agreeably surprised. He said he felt the Council would not want to be known as the only city in the United States which legislates against a certain group of people. 8. / From the City Planning Board, recommending the reclassification of that certain 100 -foot strip of land along the south side of Central Avenue, beginning west of Third Street and extending to east of Fourth Street - from the "C" Multiple Dwelling District to the "A -1" One- Family Dwelling District. The matter was referred to "Introduction of Ordinances ". 9. ✓From the City Manager, submitting appraisal reports on the property of Messrs. Michael Hester and Paul Wood, required for approaches to the northerly end of the Bay Farm Island Bridge on the westerly side thereof, as follows: Parcel No. 1 (Hester) area of 2.38 acres, total appraised value of $20,975. or $21,000. in round figures - Parcel No. 2 (Wood), area of .976 acres, appraised value of $11,500. His communication stated that no negotiations had been entered into with these owners for acquisition of the property, pending instructions from the Council. Councilman Anderson moved the City Manager be authorized to negotiate with Mr. Hester for the acquisition of his property in the amount of $21,000. The motion was seconded by Councilman McCall. The City Attorney suggested that inasmuch as the Subdivision Map Act required that Findings of Fact be filed in such cases, that such Findings heretofore made by the Council be read into the record. Mr. Bestor Robinson stated there is only one way that you decide to take property - the mere fact that you say "negotiate" does not suspend any private rights and the great difficulty with negotiation is that there is no end to it and he felt that, if the Council decides it wants the property, it should act by instigating a condem- nation suit. Councilman Jones stated the Council thought it would be accomplishing a better purpose by indicating that the Tentative Map submitted by Mr. Duggan be not approved and for him to make the modifications suggested and submit a revised Map. He said the Council would then instruct the City Manager to negotiate with Mr. Hester because the purpose of the appraisal was to find out what would be a fair price - then, if an agreement could not be reached, the Council would have to proceed under condemnation. He pointed out that some years ago the City established the policy of negotiating when- ever possible and stated the Council wants to proceed on an amicable basis. He said its intention is to buy the property - and the Council is ready to pay $21,000., but if that is not agreeable, the Council will then decide to go into legal proceedings of condemnation. Mr. Robinson stated he appreciated the fact that most property owners prefer to negotiate instead of having formal proceedings filed, but he pointed out that before Mr. Hester can be advised as to the filing of another Map, he needs a firm decision because his client has to act now. Councilman Anderson emphasized that the City's offer of $21,000. is being made now. Mr.,Robinson stated he would waive the right to negotiate until after the condemnation suit has been filed. City Attorney Clark stated he could appreciate Mr. Robinson's position, in that he apprehensive that the negotiations will be prolonged. He said he, personally, saw no objection whatever to entering into condemnation proceedings to bring the matter to a head and let the Court decide. He iterated that as a matter of record, the Findings of Fact should be read into the record. He suggested that, if the Council sees the matter as he does, and feels that the insti- tution of condemnation proceedings would not create any hard feelings on the part of Mr. Hester, he would recommend that such be done. The Findings of Fact were then read as follows: "BEFORE THE COUNCIL OF THE CITY OF ALAMEDA In the matter of the appeal of M. HESTER from the decision of the Planning Board of the City of Alameda on Tentative Map of Tract 12.89, Alameda, California FINDINGS OF FACT The above entitled matter came on regularly for hearing on the 19th day of May, 1953, BESTOR'ROBINSON, Esq., appearing as counsel for the appellant, and J. P. CLARK, City Attorney, appear- ing as counsel for the City of Alameda, and the Council having heard the statements of the parties, and the matter having been taken under submission by the Council, the Council, being fully advised in the premises, makes the following Finding of Fact: FINDINGS OF FACT 1. That development of the property shown on the Tentative Map of Tract 1289, submitted by the subdivider and appellant, will seriously interfere with the construction of the easterly end of the South Shore Freeway contemplated by the Master Plan of Shore- line Development heretofore adopted by the City of Alameda. 2. That the acquisition, by purchase or otherwise, of a portion of the property shown on said Tentative Map of Tract 1289 is necessary for highway purposes." Councilman Anderson asked what it would cost the City if the Council acquiesces to Mr. Hester's request. City Attorney Clark stated the principal cost has already been incurred in the appraisal of the property - the rest of the costs would be very small - approximately $300. at the most. Mr. Robinson refused the City's offer of $21,000.1 on behalf of his client. Councilmen Anderson and McCall withdrew their motion and second, respectively. Councilman Jones moved that the Council disapprove the Tentative Map submitted by Mr. Duggan on the Hester property and the Council refer the map back to him to make such modifications as necessary to conform to the new design of the property, after eliminating that portion contemplated under dondemnation proceedings. The motion was seconded by Councilman Moresi and unanimously carried. Councilman Anderson moved the City Attorney be authorized to proceed in the due process of a condemnation suit. The motion was seconded by Councilman Jones and on roll carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 10. /From the City Manager, recommending contract be awarded to Gallagher & Burk, Inc., the only bidder, for furnishing Crusher Run Base at $1.90 per ton during the fiscal year ending June 30, 1954. Councilman Anderson moved the City Manager's recommendation be adopted; that contract be awarded to this firm for furnishing the designated item. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Council- men Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 11. /From the City Manager, recommending contract be awarded to Gallagher & Burk, Inc., the only bidder, for furnishing Medium Curing Plant- :nixed Surfacing Paving Mixture at $5.05 per ton during the fiscal year 1953-54. It was also recommended that he be authorized to purchase Penetration Type Asphaltic Emulsion on the open market as no bids had been received on the City's call for this item. Councilman Moresi moved the City Manager's recommendation be approved; that contract be awarded to the designated firm for furnishing Paving Mixture and the City Manager be authorized to purchase Penetration Type Asphaltic Emulsion on the open market. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 12. From the City Manager, recommending contract be awarded to East Bay Excavating Company, the low bidder, for furnishing Quarry Waste at $.85 per ton and Earth Fill at City Dump at $.75 per ton during the fiscal year 1953 -54. It was also recommended that he be authorized to purchase Top Soil in the open market as no bids had been received on the City's call for this item. Councilman Anderson moved the City Manager's recommendation be accepted; that contract be awarded to the indicated company for furnishing the two specified items; the check or bid bond be returned to the unsuccessful bidder and the City Manager be authorized to purchase Top Soil on the open market during the Fiscal year 1953 -54. The motion was seconded by Councilman Jones and on roll call carried by the following vote., Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 13.'From the City Manager, recommending Parking Meters (Manual) be purchased on the open market during the fiscal year 1953-54, since no bids had been received on the City's call for these items. Councilman McCall moved the City Manager's recommendation be adopted and he be authorized to purchase Parking Meters (Manual) accordingly. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Council- men Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 14./ From the City Manager, recommending Portland Cement Concrete Mix be purchased on the open market as no bids had been received on the City's call for furnishing this material during the fiscal year 1953 -54. Councilman Anderson moved the City Manager's recommendation be approved; that he be authorized to purchase this material on the open market. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: Nones. Absent: None. 15.//From the City Manager, recommending contracts be awarded to Signal Oil Company for furnishing Non - Premium Gasoline and to Tidewater Associated Oil Company for furnishing Ethyl Gasoline, during the fiscal year 1953 -54. Councilman Anderson stated he recalled there is a very slight difference in these bids - something like one mill - and he thought it inadvisable to run under two accounts on the furnishing of Non - Premium and Ethyl Gasoline for the year. He said he realized the City Manager was making his recommendation under the established policy - but he pointed out the contract can be awarded to the firm making the lowest and "best" bid. Upon request, City Manager Froerer stated this is absolutely true - the total difference in the bids of these two companies amounts to only $5.60 per year - and he explained that since it has been the City's policy to award contracts to the lowest bidder, he made his recommendation accordingly. Councilman Anderson thereupon moved the contract for furnishing both Non - Premium and Ethyl Gasoline be awarded to Signal Oil Company. There was no second to the motion. Councilman Jones stated he felt contracts should be awarded to the "low" bidder and, therefore, moved the City Manager's recommendation be approved; that a contract be awarded to Signal Oil Company for furnishing Non - Premium Gasoline and a contract awarded to Tidewater Associated Oil Company for furnishing Ethyl Gasoline during the fiscal year 1953-54. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Jones, McCall, Moresi and President Sweeney, (4). Noes: Councilman Anderson, (1). Absent: None. Councilman Anderson stated he considered it the responsibility of the Council to run the City as efficiently as can be done and felt that City money would have been saved in awarding one contract. 16. From the City Manager, recommending contract be awarded to Ferrero and Sons, the sole bidder, for the project of Repairing Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter during the fiscal year 1953 -54. Councilman Moresi moved the City Manager's recommendation be adopted; that contract be awarded to Ferrero and Sons for the specified project. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 17.v/From the City Manager, recommending contract be awarded to Independent Construc- tion Company, the low bidder for the project of Resurfacing and Repair of Asphalt and Bituminous Pavement at the total bid price of 434,880., during the fiscal year 1953 -54• Councilman Anderson moved the City Manager's recommendation be accepted; that contract be awarded to this company for the designated project and the bid check and bond be returned to the unsuccessful bidders. The motion was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. 18.E From the City Manager, recommending contract be awarded to Manuel Enos, the only bidder, for the project of Installing House Laterals during the fiscal year 1953 -54. 4J4 Councilman McCall moved the City Manager's recommendation be approved; that contract be awarded to this individual for the specified project. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 19. Councilman Moresi introduced the following ordinance, after which it was laid., over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying Property by Adding Section.72 to Ordinance No. 725, New Series." (100 -foot strip of land along south side of Central Avenue) NEW BUSINESS: 20. Mr. Lowell H. Duggan inquired at what meeting the letter to be written by the City Manager to Utah Construction Company is to come up - the next regular one or the adjourned regular meeting, During the discussion which ensued, the comment was made that there was no point in the letter being read at any Council meeting - but it was agreed that after the letter was written by the City Manager, it would be read and approved by the Councilmen before being sent to Utah Construction Company. RESOLUTIONS: 21. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4786 A Resolution Designating the Number of and Providing for the Compensation of Certain Officers and Other Employees of the City of Alameda and Providing Rules and Regulations Relative Thereto." Councilman Jones stated that before adopting the salary resolution, the City Manager should highlight its provisions. Mr. Froerer stated this is the annual salary resolution and the principal change in the salaries and other conditions is with the Police and Fire Departments. With regard to the Police Department, he said the entrance salary has been increased from 5305. to $350. per month with a three -step range, which means in general there has been an increase of 335. per month. In addition, there is provided in this resolution that the work hours per week for the uniformed personnel of the Fire Department will be reduced from 72 to 67.2. This provision for the reduced work hours per week will go into effect if and when so determined by the City Council. Concerning other offices and personnel in the City in general, there has been an increase of 2.2%, which is a cost -of- living increase as indicated from. December, 1952, to March, 15, 1953. He mentioned certain City Officials and Department Heads who had received specific increases in their salaries. The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 22. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4787 Authorizing Advancement of City Attorney's Salary From Step 3, Range 63, to Step 4, Range 63, as Delineated in Resolution No. 4786, Adopted June 16, 1953." The motion to adopt said resolution was seconded by Councilman Moresi and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 23. The following resolution was introduced by Councilman Moresi, who moved its adoption: 405 "Resolution No. 4788 In Memoriam to Helen Button Knox 'WITH PROFOUND SORROW, the Council of the City of Alameda records the death of MRS. HELEN BUTTON KNOX, beloved wife of JUDGE DANIEL H. KNOX, and a prominent member of several civic organizations and clubs. 'WHEREAS, MRS. KNOX was a resident of the City of Alameda for many years and endeared herself to all with whom she asso- ciated by her never failing friendliness and her spirit of helpfulness and hospitality. 'NOW, THEREFORE, BE IT RESOLVED that, in recognition of her cooperation in any worthwhile activity of the community, the Council of the City of Alameda hereby expresses its sense of personal loss and its gratitude for her participation in the service rendered by her affiliations; 'BE IT FURTHER RESOLVED that this Resolution be spread in full upon the minutes of this meeting, and a copy thereof be transmitted to the family of Mrs. Knox, that it may extend to its members a sincere expression of sympathy and condolence; and 'BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda is adjourned, it shall do so in respect to the memory of MRS. HELEN BUTTON KNOX." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 24.V /At this point, President Sweeney inquired if there were any further oral communications. Councilman McCall reported on the Flag Day Observance held last Sunday, June 14, at Washington Park and expressed the thought that everyone who attended had been highly pleased with the program. He stated Neil Clark, Administrative Assistant, should certainly be given a vote of thanks for his work, and he mentioned that letters of thanks are going out this week to all committees and organizations who had assisted in making the celebration so successful. He said everyone is now looking forward to a bigger and better Flag Day Observance next year. President Sweeney commended Mrs. William- Piziali, Chairman of the Flag Day Slogan Committee, and Vic Cangi, General Manager of the Alameda Chamber of Commerce, for their efforts. FILING: 25. Financial Statement - Middleton, Suman & Hackleman - Auditor's Eleven Months' Report, through May 31, 1953. BILLS: 26. An itemized List of Claims against the City of Alameda and the several depart ments thereof, in the total amount of 32L.,577.99, 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 Anderson moved the bills as itemized in the List of Claims filed with the City Clerk on June 16, 1953, and submitted to the Council at this time, be allowed and paid. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. ADJOURNMENT: 27. There being no further business to come before the meeting, President Sweeney stated the Council will adjourn in respect to the memory of Mrs. Helen Knox. There was some discussion as to the date of the next meeting and a motion was made by Councilman McCall that the Council adjourn at this time, to assemble in adjourned regular meeting on Monday evening, June 29, 1953, at 7 :30 o'clock. The motion was seconded by Councilman Jones and unanimously carried. Respectfully submitted, y Clerk