Loading...
1952-10-07 Regular CC Minutes2T) REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, OCTOBER 7, 1952 The meeting convened at 8:20 o'clock P. M. with President Osborn presiding. ROLL. CALL: The roll was called and Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held September 16, 1952, were approved as transcribed. OPENING OF BIDS: 2. 1/ Bids were opened and read for the furnishing of one New, Latest Model )4-Door, 8-Cylinder Sedan with Radio and Heater, in accordance with Specifications and Provisions therefor, No. MS 9-52-13, as follows: From Ed. Deemer Buick, Inc. Accompanied by certified check in amount of - From Huffman Motor Co. Accompanied by certified check in amount of - - O. OM $ 2,686.94 268.69 3,266.72 326.67 The bids were referred to the City Manager for his study and report to the Council at the subsequent meeting. WRITTEN COMMUNICATIONS: 3. From the American Municipal Association, extending an invitation to its annual Congress, to be held in Los Angeles on December 1, 2, 3, 1952, and requesting that delegates be designated at once and this information be sent to the Executive Director. President Osborn asked that the Councilmen give this matter serious consideration and notify the City Clerk promptly as to their attendance at this Convention in December. 4, /From Mr, Wah L. Jay, requesting the refund of fees in the total amount of which he had paid for certain building and plumbing permits for an addition to his home at 2055 Eagle Avenue. He explained in his letter that, due to unforeseen circumstances, he was now unable to proceed with this construction. Councilman Anderson moved that Mr. Jay be refunded the fees paid for these permits, totaling :15. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None, Absent: None. ORAL COMMUNICATIONS: 5.V President Osborn stated that tonight the Council is honored by a visit from one of the classes from Alameda Evening High School. The Class is a body of students interested in Civic Government and which is taught by Mr. Hancock. President Osborn introduced Mr. Hancock and welcomed the group, stating the Council is always happy to have interested visitors at the meetings. 6. Mr, Frank Gottstein addressed the Council concerning the congestion of traffic on Webster Street between the segregation line and Atlantic Avenue. He complained of the bad situation due to the large hole and barricades near Atlantic Avenue which block the street and urged that a policeman be stationed there. He thought left- hand turns should be prohibited during peak hours at the intersection of Webster Street and Atlantic Avenue. He stated the traffic from Naval Air Station should be diverted from the Posey Tube and made to use the bridges in the eastern end of the City. He again suggested that one-way streets be established. There was some discussion of this situation. Upon Councilman Sweeney's inquiry, the City Manager was called upon to explain the circumstances. He stated this intersection has been torn up for about five months, which added to the congestion. He referred to his recent comments with regard to the action the City had tried to put into effect to alleviate this condition, but due to the work being done at this point, it had been temporarily abandoned. He said as soon as this intersection is clear, the City proposes to determine just what steps should be taken toward relieving the traffic congestion. Councilman Anderson asked the City Manager when Stolte, Inc. was supposed to complete its work there. Mr. Froerer stated the City Engineer would probably be able to give the latest information on this point. Mr. Maynard then stated the company has encountered many difficulties in its work, but now assures him that the work will be finished within the next ten days. REPORTS OF COMMITTEES: 7.v From the Acting City Manager, reporting the work has been satisfactorily completed on the construction of the Bay Farm Island Trunk Storm Sewer, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Branscheid moved the Acting City Manager's recommendation be followed; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Sweeney and unanimously carried. INTRODUCTION OF ORDINANCES: 8. Councilman Sweeney 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 Alaneda Municipal Code by Amending Section 7 -1131 of Article 1, Chapter 1, Title VII Thereof." This ordinance pertains to taxicabs from other municipalities. Upon Councilman Jones inquiry, City Attorney Clark explained that Section 7 -1131 includes a provision that the section shall remain in effect only during the time when Subdivision 9 of Section 501.79 of General Order 20A of the Office of Defense Transportation is effective. He stated that in presenting several matters to the District Attorney for prosecution, he has refused to prosecute on the grounds that the Defense Transportation order therein mentioned was revoked in 1948. This proposed ordinance, therefore, repeals that portion of the section which deals with Subdivision 9 of the Defense Order now referred to in the existing section. President Osborn supplemented Mr. Clark's remarks by stating this proposed amend- ment pertains to taxicab companies who are not licensed within the City. They can . bring passengers into the City but cannot pick up any to go out. 9. Councilman Anderson introduced the following ordinance, after which it was laid over, under provision of law and the Charter: "Ordinance No. New Series An Ordinance Authorizing the Execution of a. Lease of Certain Real Property to Clarence Garrity, and Approving the Terms of Said Lease." (Portion of Harbor Tug and Barge Company Lease) Upon request, the City Manager explained that Mr. Garrity has an option to lease this property, which he can take . up on December 2, 1952, and if he elects to do so, the term of the lease will begin then. President Osborn stated this property is owned by the City and is located on the waterfront. He explained that the new plant which is to be operated by Mr. Garrity is to be built there, if the option is taken up. He pointed out that under the re- negotiation of certain leases, the City acquires a portion of these lands for its own purposes and at the same time receives a certain rental, so the whole deal works out profitably for the City. 10. Councilman Jones introduced the following ordinance, after which it was. laid over, under provision of law and the Charter; "Ordinance No. New Series An Ordinance Authorizing the Execution of a Lease of Certain Real Property to Harbor Tug and Barge Company, a Corporation, and Approving the Form and Terms of Said Lease.". UNFINISHED BUSINESS: 11.1' The matter was presented with regard to the proposals submitted by Goodell, Byers & Co. and Middleton, Suman & Hackleman, for auditing services to the City. Councilman Anderson moved that contract be awarded to Middleton, Suman & Hackleman for auditing services to be performed during the remainder of the fiscal year ending June 30, 1953, on the flat fee basis of 53,600. as quoted in their proposal. The motion was seconded by Councilman Jones and on roll call carried by the follow - ing vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 12. At this point, Councilman Branscheid stated that several months ago there was a motion made to go into the matter of swimming pools for the City and he wanted to know what, if any report has been made. President Osborn called upon City Manager Froerer, who explained that the only progress he could report was that a meeting had been held with regard to the location and cost of two types of swimming pools. He said he understood that the Engineering Department has completed, or is about to complete, a report on this study. City Engineer Maynard stated the plans have been completed and they are now on the City Manager's desk, but due to his absence at the recent conference, he probably has not yet seen them. NEW BUSINESS: 13. /The City Attorney stated he would like to present a matter for consideration by the Council. He stated that, as the aftermath of a traffic arrest made on January 5, 1951, one of the persons involved, a Mr. Matthew V. Bernardi, filed an action against the City of Alameda and Police Officers Morris and White, alleging assault and battery, wrongful arrest and false imprisonment - and asked damages in the sum of 2x60,000. Mr. Clark pointed out that, subsequently, the action as against the City of Alameda was dismissed by the plaintiff. He said this matter has been pending for almost two years and that today he had received, from the plaintiff's attorney, an offer to settle the case for the sum of X500. Mr. Clark recommended that he be given permission by the Council to make the settlement and requested that a motion be made appropriating the sum of n500. for the payment of the settle- ment. He said his only reason for making this recommendation is that the Council must presume that the officers were acting in a lawful manner in the performance of their duties. Under those circumstances, he felt the City is taking the position these men were acting as agents and employees of the. City - and no liability for the offenses charged by the plaintiff having been established as to the officers, it is the obligation of the City to assume payment of any settlement for which the Council may give permission. Councilman Anderson moved the City Attorney's recommendation be approved; that he be authorized to settle this case and a warrant be drawn for the amount of 1;500. for payment of the settlement. The motion was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Sweeney, and President Osborn, (4). Not Voting: Councilman Branscheid, (1). Noes: None. Absent: None. RESOLUTIONS: 14. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4664 Authorizing Attendance of Members of the Council, Officers and Employees of the City of Alameda at The Annual Conference of the League of California Cities to be Held at San Diego, and Appropriating Funds Therefor." The motion to adopt said resolution was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None, Absent: None. Thereupon the President declared said resolution duly adopted and passed. 15. The following resolution was introduced by Councilman Sweeney, who moved its adoption: • "Resolution No. 4665 Accepting Deed from Central Avenue Land Development Co. of Real Property at Central Avenue and Fernside Boulevard, and Consenting to Recordation Thereof (For Purpose of Correcting Description in Deed Dated July 24, 1952)." Upon Councilman Sweeney's request, Mr. Froerer stated the reason for this resolution is to accept a corrected deed from the Development Co. concerning the improvement of the property known as Tract No. 1085, lying along the easterly side of Fernside Boulevard - and the principal purpose is that the land is being conveyed for street purposes. The motion to aco pt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 76 16. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4666 Authorizing the Execution of Agreement Amending Contract NOy(U) 22347, (Change "E ") Relating to Special Services to Navy Public Quarters and Navy Housing "Homoja B "." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4667 IN MEMORIAM TO FRANK BRUZZONE 'WITH DEEP SORROW, the Council of the City of Alameda records the death of FRANK BRUZZONE, a member of one of Alameda's pioneer families, who served the people of the City as a Council- man from November 7, 1933, to November 20, 1934. 'WHEREAS, Mr. Bruzzone was a long -time resident of the City and was very active in the early development of the community. 'NOW, THEREFORE, BE IT RESOLVED, that, in recognition of his civic - minded spirit in the progress and development of the City, the Council of the City of Alameda hereby expresses its sense of personal loss and its gratitude for the great interest shown by Mr. Bruzzone for the betterment of the citizens of the community; 'BE IT FURTHER RESOLVED that this Resolution be spread in full upon the minutes of this meeting, and that a copy thereof be transmitted to the family of Mr. Bruzzone, 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 FRANK BRUZZONE." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4668 IN i :MORIAM TO MARINNO C. SILVA 'WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its former employees, MARINNO C. SILVA, who served the City faithfully and well as a laborer in the Street Department from June, 1925, to January 1, 1939. 'NOW, THEREFORE, BE IT RESOLVED, that, in recognition of the loyalty and efficiency shown by this employee in the performance of his duties, the Council of the City of Alameda hereby expresses its sincere gratitude for the conscientious effort demonstrated by Mr. Silva in carrying on his work. 'BE IT FURTHER RESOLVED, that this Resolution be spread in -full upon the minutes of this meeting, and that a copy thereof be transmitted to the family of Mr. Silva, that it may extend to its members a sincere expression of sympathy and condolence; and 'EE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of MARINNA C. SILVA." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4669 IN MEMORIAM TO BERT CONANT 'WITH DEEP SORROW, the Council of the City of Alameda records the death of one of its former Police Officers, BERT CONANT, who joined the Police Department on September 27, 1915, and who was retired on a disability pension on August 1, 1938. 'WHEREAS, Officer Conant had performed his duties most efficiently and had served temporarily as Captain and also Chief of Police; 'NOW, THEREFORE, BE IT RESOLVED, that, in recognition of his loyal service to the community as a member of the Police Department, the Council of the City of Alameda hereby expresses its sense of personal loss and its sincere gratitude for the privilege of having had such a faithful and diligent employee. BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and that a copy thereof be transmitted to the family of Officer Conant, 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 adjourns, it shall do so in respect to the memory of BERT CONANT." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. FILING: 20. Financial Statement - Middleton, Suman & Hackleman - Bureau of Electricity, as at August 31, 1952. 21. Financial Report - Middleton, Suman & Hackleman - City of Alameda, for Fiscal year Ended June 30, 1952. 22. Deed - From Central Avenue Land Development Co. (Goerge T. Hansen and Richard P. Thunder). 23. Agreement - Between City and United States of America, District Public Works Office, Twelfth Naval District - re Navy Public Quarters and Housing "Homoja B". 24. Lease - Between City and Clarence Garrity. 25. Lease - Between City and Harbor Tug and Barge Company. 26. Auditor's Fund Balance Sheet - Month of September, 1952. 27.v/At this time, President Osborn announced there is to be a Convention of the League of California Cities to be held next week in San Diego - and due to the fact that most of the Councilmen and City Officials will be absent from the City, it will be necessary to appoint an Acting City Manager. Councilman Jones moved that Harold R. Richards, Executive Secretary to the Civil Service Board, be appointed as Acting City Manager during the absence of the City Manager. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. BILLS: 28. At this point, President Osborn stated the List of Bills will be amended to include a warrant 2 or 1,500, as authorized earlier in the meeting. 278 The itemized List of Claims against the City of Alameda and several of the Depart- ments thereof, in the total amounts as follows, was presented to the City Council at this time: General Departments, .13,212.24; Police Department, k370.70; Fire Department, '189.50; Street Department, $128.65; Store Department, "500.; Engineering Department Deposit Fund, $30.00; Special Gas Tax Street Improvement Fund, A162.00; Capital Outlay Fund, $4,644.81; 1951 Bond Issue Sewer Fund, t17,269.41. Councilman Sweeney moved the List of Claims filed with the City Clerk on October 7, 1952, including the additional warrant in the sum of $500., and submitted to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Council- men Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None, 29. /President Osborn again asked if there were any further oral communications. Councilman Sweeney called attention to the recently created Recreation Commission and stated the first meeting has been held, at which time Dr. Cheadle was elected President and Mr. Rose, Vice President. He stated the Commission is to meet the first Wednesday of each month. He pointed out the Commission will try to put the City's recreation program on a par with many leading cities of the United States. He pointed out there will be a great deal of work to' do and the Commission will need a lot of help. In response to Councilman Anderson's inquiry, Councilman Sweeney said the Commission had held its first meeting in the City Manager's Conference Room, but felt it would eventually have to meet downstairs in the Council Chamber as he understood there were to be different groups attending future meetings. ADJOURNMENT: 30. There being no further business to come before the meeting, the Council adjourned in respect to the memories of FRANK BRUZZONE, MARINNO C. SILVA AND BERT CONANT - to assemble in regular session. on Tuesday evening, October 21, 1952, at 8:00 o'clock. Respectfully submitted, 4 1,