1952-07-01 Regular CC Minutes240
REG ULA. R LIIETIIIG OF THE 008180113 OF THE C I TY OF ALAMEDA
HELD TUESDAY EVEHING, JULY 1
1952
The meeting convened at 8:00 o'clock P. M. with President Osborn
ROLL CALL:
.ig 4
The roll was called and Councilmen Anderson, Branscheid, Sweeney and Presi-
dent Osborn, (4),
were noted present. Absent: Councilman Jones, (1).
MINUTES:
1, The minutes of the adjourned regular meeting held June 24 952 , were
approved as transcribed,
_ENING OF BIDS:
2' were received and road for the project of making Alterations and
Fainting certain portions of the Police Department of the City Hall, in accord-
ance Yith SpecificatIons, Special Provisions and Plans therefor, No. 78 6-52-8
as follows:
From Samuel. Lee - - - - - - - - -
No check or bicl bond accompanied tnis bid
From Steadman &: Powell, Inc. - -
Accomipanied by a Bid Bond
From Anderson-Haglund Incorporated -
Accompanied by a Bid Bond
From Carl H. Decker - - - -
Accompanied by cashier's check
:111,605,25
- 7,787.00
- 0,728.32
- -7,025.40
702.54
3. Bids were opened and read for the project of constructing a Trunk Storm Sewer
on Melrose Avenue, Bay Farm Island, in accordance with Specifications, Special
Provisions and Plans therefore, Ho. FN 6-52-9, as follows:
From McGuire and Hester - 7 -
Accompanied by a Bid Bond
From Paris Bros. - -
Accompanied by a Bid Bond
From 86 Jarvis - - -
Accompanied by a Bid Bond
From Kevry Construction, Inc. -
Accompanied by a Bid Bond
ANY
408
The foregoin g bids were referred to the City Ma ,ager and City
and recommendation.
WRITTEN C UNIUNICATIONS:
014,466.40
6,517.60
14,997.55..
14.323,00
.nee r for study
4'. From John P. Heath, Rear Admiral USN .), in praise of the efficiency and
gallantry of the Alameda Firemen, led by Assistant Fire Chief William L. Hilbish,
in response to a call and the quick action in extinguishing a fire in his garage
at 1616 Dayton Avenue.
President Osborn stated it is certainly very gratifying to receive a communi-
cation of this kind, He said he, personally, had talked with Admiral Heath who
pointed out his letter did not adequately express his gratitude and appreciation
for the fine service gien by the Firemen. The communication was then. ordered
filed.
5Y From the Alameda Bayside Construction Corp. reque,,ting a six-months'
extension of time for completion of ito ork in the improvement and development
of a certain area in the west end of the City.
Councilman Branscheid moved the request be granted. The motion was seconded
by Councilman Anderson who stated he understands this extension of time pertains
to the fact that an agreement has been entered into between the City and this
Company to remove certain. rock riprap fro its property along the south :-shore
and this extension will give it time to remove the rock. The question was then
put and the motion unanimously carried.
From Reginald H. Creese, submitting his Application for a Permit to Operate
a News Vending Stand in the Sidewalk Area of the City of Alameda - to be located
on the southwest corner of Lincoln Avenue and Webster Street.
241
President Osborn. stated he understands this application has certain .. aspects which
have to be investigated and if agreeable, he will refer the matter to the City
Manager for his investigatioe . and report back to the Council. It was so ordered.
vi
7. From George T. Hansen,requesting permission to postpone the construction of
the improvements in a certain portion of his Subdivision known as Tract No. 1095,
to a time subsequent to the apnroval of the Final. Map, He stated he was willing
te enter into an agreement with the City in. accordance with the provisions of
Subdivision Ordinance No. 700, New Series.
President Osborn stated a resolution has been prepared covering this situation
and he therefore referred the matter to "Resolutions" for action under that heading.
REPORTS OF COMMI=ES:
8. From the City Manager, recommending that Lieutenant William Tulloh, Inspector
Jack Fink and Policewoman Cecelia Robinson. be authorized to attend the school . held
by the Eleventh Annual. California Technical Institute for Peace Officers Training,
at the University of California, Berkeley, from July 7 to 13 1952, and the sum
of 45. be appropriated for this purpose.
Councilman Anderson moved the City Manager's recommendation be adopted; that the
designated personnel of the Police Department be permitted to take this training
course and an amount of 45. be appropriated to defray their expenses. The motion
was seconded by Councilman Branscheld and on roll call carried by the following
vote. Aire Counciluien Anderson, Branscheid, Sweeney and President Osborn, (4
Noes: None, Absent: Councilman Jones, (1).
0/ the City Manager, recommending a fifteen-day extension of time be
granted to Gallagher and Burk, Inc., in which to complete the work on the temporary
realignment of Central Avenue at Fourth Street.
Councilman Anderson stated be understood a lot of time elapsed down there when the
company did not do any work.
President Osborn stated. he thought it was a case of procuring the necessary fill
and called. upon the City Manager for further explanation.
MT. Froerer stated he thought there were two days that the company did not work
when it should have been, but pointed. out that the real reason. for the extension
of time is the fact that the fill material first ordered was not suitable for
pouring into the grade and a delay was encountered in getti g a satisfactory. fill.
Councilman Branscheld inquired If this delay would result in any additional cost
to the City for this nrcject and Mr. Froerer assured him it would not.
Councilman Sweeney thereupon moved the City Manager's recommendation be approved
and the fifteen-day extension of time be granted to this firm. The motion was
seconded by Councilman Branscheld and carried.
10-. From B. E. Jost, Auditor and Assessor, concerning the Payroll Accounting
System for the City of Alameda which becomes effective on July 1. He recommended.
the adoption of a resolution. creating a new revolving fund and authorizing the
City to maintain a bank account with the American Trust Company for such fund.
The matter was referred to "Resolutions."
11.": From Homer R. Dallas Treasurer requesting authorization to sell bent and
foreign coins collected from narking meters during the fiscal .year 1951-o2, and
to deposit the proceeds in the Parking Meter Fund.
Councilman Branscheid moved. the Treasurer's request be granted and he be authorized
to sell the coins described, and deposit Inc proceeds in the Parking Meter Fund.
The motion was seconded by Councilman Sweeney and unanineusly carried,
12. From George R. Doran, Chief of Police, reporting .
rting that all of the o,;, stolen
or unclaimed articles shown on the accompanying. list are in the Treasurer's
possession. The communication was ordered filed.
UNFINISHED BUSINSS:
13v/ . The matter was presented. concerning the recommendation from. the City Planning
Board to reclassify that property known as 3215 Central Lvenue. The lot in question
was to be rezoned from the "A-1" One-Family Dwelling District to the "B" Two-to-
Four Family Dwelling District, for the purpose of converting the existing. two-
family dwelling into a three-unit residence. The property is owned by Louis
D'Ercole.
Councilman Franscheid statod he had Inspected the property very carefully and had
given this matter considerable thought. He stated the dwelling was constructed
in 1024, and pointed out that the contemplated plans were to remodel the structure
only on the Inside and he beIbved no benefit or improvement to the neil7hbo-
rhood
2
would be derived. Therefore, he moved the recommendation of the Planning Board
be denied and the reclassification not allowed. The motion was seconded by
Councilman 1=nderson and on roll call car-led by the following vote. Ayes; Council-
men Anderson, Branscheid, Sweeney and President Osborn, (4). Noes: None, Absent:
Councilman Jones, (1).
NEW BUSINESS:
14'. Councilman Branscheid brought up the matter of the need for stop signs at
the intersection of Post Street and San Jose Avenue. He emphasized that traffic
has Increased at this point and since San Jose Avenue has been declared a stop
street all the way through, he felt this intersection should be protected for
the Post Street traffic the same as prevails with the four-way stops at San. Jose
Avenue and High Street*
President Osborn asked that the City anager make an investigation and report
back.
FPFCLUIIGNS:
15. The following resolution was introduced by Councilman Anderson, who moved.
its adoption:
"Resolution No. 4630
Providing for the Amount Per Diem for Officers
and Employees of the City of Alameda for
Traveling Expenses."
The motion to adopt said resolution vas seconded by Councilman Branscheid and on
roll call carried by the following vote. Ayes : Councilmen Anderson, Branscheid,
Sweeney and President Osborn, (4). Noes: None, Absent: Connell-Ian Jones, (1).
Thereupon the President declared said resolution duly adopted and passed.
16. The following resolution was introduced by Councilman Branscheid, who moved
its adoption:
"Resolution No. 4631
Transferring =13,500.00 from the Special Gas Tax
Street improvement Fund to the Traffic Safety Fund
and '80,000.00 to the General Fund."
The motion to adol;t said resolution was seconded by Councilman Anderson and on
roll call carried by the following vote. Ayes: Councilmen Anderson, 7,ranscheid,
Sweeney and President Osborn, (4). Noes: Hone. Absent: Councilman Jones, (1).
Thereupon the President declared said resolution duly adopted and passed.
17. The follow:I-kr resolution was introduced by Councilman Anderson, who moved
its adoption:
"Resolution No. 4632
Transferring 7,000,00 from Gas Tax 1/1 Fund to
the General Fund."
The motion to adopt said resolution was seconded by Councilman Branscheid and on
roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid,
Sweeney and President Osborn, (4). Noes : None. Absent: Councilman Jones, (1).
Thereupon the President declared said resolution duly adopted and passed.
18. The following resolution was introduced by Councilman Branscheid, who moved
its adoption:
"Resolution No. 46
Creating a New Fund to be Known as "City Employees
Pay Roll Fund" and Authorizing the Opening of an
Account with American Trust Company, Said Account
to be known as "City of Alameda Pay Roll Account".
The motion to adopt said resolution was seconded by Councilman Sweeney and on
roll call carried by the following vote. Ayes Councilren Andorson 'rarscheld,
";weere- end 7resident Osborn, (4). Noes: None. Absent: Councilman Jones, (1).
Thereupon the President declared said resolution duly adopted and passed.
19. The following resolution was introduced by Councilman Anderson, who moved
its adoption:
"Resolution No. 4634
Authorizing Execution of Agreement with George T.
Hansen and/or Geroge T. Hansen and Richard P.
Thunder, a Copartnership, in the Matter of Com-
pletion of Improvements in Subdivision Known as
Tract No. 1085".
243
The motion to adopt said resolution was seconded by Councilman Branschoid and on
roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid,
Sweeney and President Osbor,,, (4). 7100F: None. Absent: Councilman Jones, (1).
'hereupon the President der'lared said resolution duly adopted and passed.
Councilman 3ranscheId asked for an explanation of this resolution - wondorIng If
the Agreement referred to covered the same ratter as the letter requesting the
extension of time. The Clerk thereupon read the resolution 'r full - which
provides for the construction of the necessary imnrovements within the subdivision
ard the posting of a bond guaranteeing faithful performance of said work in accord-
ance with the provisions of Subdivision Ordinance No, 700, New Series,
20. The following resolution was introduced by Councilman Branscheid, who roved
its adoption:
]c-solution No. 4635
Authorizing the Executicn of Memorandum. of Agreement
with the State of California for Expenditure of Gas
Tax Allocation for Major City Streets for the Fiscal
Year 1952-1953."
The motion to adopt said resolrtion was seconded by Councilman Sweeney and on
roll call carried by the following vote. Ayes : Councilmen Anderson, Dranrchold,
Swrerey and President Osborn, (4). Noes: None, Absent: Councilman Jones, (1).
Thereupon the President declar-o saici resolution duly adopted and passed.
21. The following resolution was introduced by Councilman Sweeney, who moved
its adoption:
"Resolution No. 4636
Authorizing Execution of Agreement with Alameda
Unified School District for Furnishing to the
City of Alameda a Qualified Administrator and
Supervisor of the City's Recreation. Department.
The notion to adopt said resolution wa- seconded by Councilman Branscheid and on
roll call carried by the folloving vote. Ayes: Councilman Anderson, Branscheid,
Fwoeney and President Osborn, (4). Noes : None. Absent: Councilman Jones, (1).
Thereupon the President declared said reoluticn duly adopted and parsed.
Upon Councilman Swoeney's inquiry, it was brought out that this is an arrangement
whereby the City and the Board of 3ducition each pay 250. monthly toward the
salary of the :lecrcation Supervisor.
22. The following resolution was introduced by Councilman Anderson who moved.
its adoption:
"Resolution No. 4637
Amending Range No. 67 of Section 3 (a) (Citv Managerts
Salary), of Resolution No. 4596, Relating to "Position
Classification Plan" and to the Compensation of Officers
and Emoloyees of the City of Alameda."
The motion to adopt said resolution was seconded by Councilman Sweeney and on
roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid,
Sweeney and President Osborn, (4). Noes: None, Absent: Councilman Jones, (1).
Thereupon. the President declared said resolution duly adopted and passed.
LING:
23, Financial Statement - Middleton, Ni]ler & Hackleman Bureau of Electricity
as of May 31, 1952.
24. Agreement - Between City and 3eorge T. Hansen, re Development of Tract #1085.
25. Memorandum of Agreement - Between. State of California and City - Nor Expendi-
ture of Gas Tax Allocation for Major City Streets.
,-)TTTC7.
26. An itenlized List of Claims against the City of Alameda and several of the
Departments thereof, in the total amounts as follows, was presented to the City
Council at f-his meeting: General Denar±ronts ';2 030.00:
.,. s, ,. ._,, ,_, , Street Departront,
c?9.75; .
-ngtnooring Department Deposit Fund, 523.56; 1951 3ord Issue Sever
Fund, ':14,840.42; Special Gas Tax Street improvement Fund, 9,652.18.
Councilran Sweeney moved the bills as itemized in the List of Claims filed with
the City Clerk or July 1, 1952, and submitted to the Council at this time, be
allowed and paid. The notion was seconded by Councilman Branscheid and an roll
call carried by the following vole— Ayes: Councilmen Anderson, Branscheid,
Sweeney and President Osborn, (4), Loos : None, Absent: Councilran Jones, (1).
244
27' this point, President Osborn stated he noted the presence of the recently
elected and newly installed President of the Alameda Chamber of Commerce, Yr.
George T. Hansen. He acknowledged and welcomed 1:r. Hansen's attendance.
28. President Osborn again inquired if there was anyone who wisher] to address
the Council and Mr. Herbert Holm, 2610 Otis Drive, stated he had written a letter,
addressed to the Mayor and City Council, and wanted to know why it had not been
read at this me, ting.
President Osborn explained that he had answered Lin. Holm's letter and thought
that took care of the situation, since he had pointed cut that the Council had
no jurisdiction over the matter in its present status .
In order to bring the question up for discussio- at this time, Councilman
Anderson suggested Mr. Holm's letter be read and the Clerk was instructed to do
so. This, in general, presented Mr. Holm's protest concerning the result of
his physical examination and subsequent rejection by Dr. Brady for an appointment
to a position with the Police Department of the City of Alameda, on the grounds
of his physical disability. His letter pointed out that he had submitted to an
examination by another doctor, whose findings refuted those o' Dr. Brady * and
Mr. Holm felt that in a case of such disagreement, Dr. Bradyts report should not
be accepted as final.
Considerable discussion ensued with regard to the matter of appeal by Pr. Holm,
The City Attorney pointed out the ordinance provides for appeal only in the case
of employees of the City already under the Civil Service System, but stated he
would like to have an o!Tortunity to check on the exact provisioris of the Civil
Service Ordinance in this respect.
President Osborn pointed out he had replied to this letter but had not given it
to the Clerk to read at this Council meeting because he knew it was a matter to
come before the Civil Service Board, as provided in the City Charter,
Councilman Sweeney asked if there is any recourse in a case such as this,
where there is dissatisfaction and a person feels he is not getting fair
treatment - or is the City Physician's decision final?
City Attorney Clark answered that no doubt the Council could consider the
question, if it were a natter of discretion on the part of the City Physician.
Councilman Anderson stated the members of the Civil Service Board are nominated
by the Mayor and their appointments are confirmed by the Council. The Board
exists as the Council's agent and it is within its jurisdiction to hand]c such
matters, but he pointed out that the Council has the responsibility of dis-
charging its duties as a higher authority and, in such a case, he felt Pr.
Holm is within his rights to appeal to the Council as a Body.
Councilman Sweeney stated that since this Board is appointed, its position is
no different from that of the Planning Board, from whose decisions arpeals are
made to the Council.
President Osborn concurred with these statements, but only
appeal has been made to the Civil Service Board and turned
that Mr. Holm has not appealed to the Board and until that
exercised by the Civil Service Board, it is not within the
He thereupon recommended that Er. Holm appeal to the Board
results therefrom.
in the event an
down. He pointed. out
authority has been
Council's power to act,
and ascertain what action
Mr. Holm stated he had not at first been told he could appeal, but was now plann
to do so.
President Osborn expressed regret that Mr. Helm felt an injustice had been done
him.
ADJOURNMENT:
29. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, July 15, 1952, at
8:00 o'clock.
Respectfully submitted,