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1951-04-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, APRIL 17, 1951 The meeting convened at 8.00 o'clock P. M. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5), were noted present. Absent: None. 1. Following roll call, President Branscheid stated the first order of business, as required by the Charter, would be the re- organization of the Council on this, the third Tuesday in April, following an election. He thereupon declared nominations open for the office of President of the Council and Mayor of the City. the Council Councilman Sweeney addressed the Chair, stating that last week /was called in con- ference to talk over the matter of the re- organization, at which time it was.pro- posed that Councilman Jones be selected as Mayor for the ensuing term - but that, due to pressure of business, he was unable to accept the office. Councilman Sweeney stated the next man he particularly had in mind was a man who has served our City well and faithfully. He thereupon placed in nomination for the office of President of the Council and Mayor of the City, Frank P. Osborn. The nomination was seconded by Councilman Anderson. There being no further nominations, Councilman Jones moved the nominations for this office be closed. The motion was seconded by Councilman Sweeney and carried. The Clerk was thereupon ordered to call the roll and the motion carried on the fol- lowing vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. In casting his vote, Councilman Jones stated he wished to indicate his support for the Administration but that he did not want his vote to be considered one for a fixed policy of rotation in office based on seniority. He stated that, in his opinion, such an arbitrary method of selection is not one which will serve the best interests of the City in the long run, because at some time it might be found the man next in line, under this plan, would be one not suitable for the office. He stated that while he was one who opposed this arbitrary method of selection, he wanted it known that the new Mayor would be given his utmost support - but that he simply felt his conviction against the rotation policy should be expressed. President Branscheid thereupon declared Councilman Osborn elected Mayor for the coming term and stated that in retiring from the office of Mayor, which he has held for the past six years, he wanted to express his gratitude for the support received from the citizens, from the employees and from the press. He stated he wished to express particularly his appreciation to all members of the several Boards who have served during the past six years and who have done such a splendid job in adminis- tering the affairs of the several Boards. In turning over the gavel to the newly elected President, Councilman Branscheid extended his best wishes for success dur- ing the coming years. President Osborn then assumed the Chair and asked the indulgence of the audience in his reading of a prepared statement. He expressed his gratitude for the opportunity to serve as Mayor of the City and, speaking on behalf of the people of Alameda, acknowledged to the retiring Mayor the appreciation of the citizens for the generous giving of his time for the past six years and for the very capable manner in which he has carried on the work of that office and expressed the hope that, with the cooperation of his colleagues on the Council, and the employees of the City, the same high standards which have been established under Mayor Branscheid's Administra- tion might be continued. He also stated he hoped the people, of Alameda will take an active interest in City Council affairs and thanked Mr. Frank Gottstein for his faithful attendance at Council meetings and for the numerous suggestions which he has made in the interest of City betterment. President Osborn also extended his thanks to the Citizens' Advisory Committee, to the Heads of City Departments and to all City employees for their service to the City and expressed the hope that the good work done in the past might be carried on in the future. To the members of the various City Boards and Commissions, he extended sincere thanks for the splen- did work accomplished by them. President Osborn then declared nominations open for the office of Vice President of the Council. Councilman Jones stated that with great pleasure he placed in nomination for that office a man who has served the City faithfully and well and one who was a warm friend, Leland W. Sweeney. The motion was seconded by Councilman Anderson. Councilman Branscheid moved the nominations be closed, which motion was seconded by Councilman Anderson and unanimously carried. 31 The question was put and Councilman Sweeney was elected as Vice President of the Council by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones and President Osborn, (4). Noes: None. Absent: None. Not Voting: Councilman Sweeney, (1). President Osborn announced that Councilman Sweeney was elected as Vice Mayor for the ensuing term. MINUTES: 2. The minutes of the regular meeting held April 3, 1951, were approved as transcribed. WRITTEN COMMUNICATIONS: 3. • From the Bay Farm Island Improvement League, stating that Godfrey Park has had little attention in the past with regard to improvement of recreation facilities. It was also requested that when the budget is being prepared, funds be allocated to surface the basketball court. President Osborn suggested that if there were no objections, this matter would be referred to the City Manager for his consideration during the preparation of the budget for the coming fiscal year. 4. / • From the Marina Yacht Club, requesting permission to build a dock across the full width of Oak Street at the north end. Councilman Branscheid stated that while the Council is anxious there is City property involved in this matter, which property industrial plants and he expressed the opinion that the matter gated before action is taken. He moved the matter be referred for his report. The motion was seconded by Councilman Sweeney carried. to promote boating, is situated near should be investi- to the City Manager and unanimously 5 " From Mrs. H. L. Cooke, requesting the return of an oil painting which had been presented to the City by her aunt, Miss Belle Garrette. Councilman Jones stated it has been found that there is no suitable place to dis- play this painting in the City Hall or any other City property. He pointed out that it has been in the attic storeroom for a considerable period of time and the records do not indicate that the City Council has at any time officially accepted this paint ing on behalf of the City. He thereupon moved the picture be delivered to the per- son requesting it, who is a relative of the person who gave it to the City in 1941. The motion was seconded by Councilman Branscheid and unanimously carried. ORAL COMMUNICATIONS: 6. Mr. A. Hubbard Moffitt, as President of the Alameda Chamber of Commerce, ex- tended congratulations to President Osborn on his elevation as President of the Council and to Councilman Sweeney as Vice President. He highly commended Councilman Branscheid for the fine work performed by him as Mayor during his six -year term. 7/ Mr. Frank Gottstein addressed the Council, deploring the fact that dirt fill is being removed from the City of Alameda in connection with the work being done by the East Bay Municipal Utility District - pointing out the scarcity of dirt fill in the City and suggesting that the fill in the streets belongs to the City and should be kept here. City Manager Froerer commented on Mr. Gottstein's remarks, stating that the City Engineer and City Administration have endeavored to accomplish just what Mr. Gott - stein suggested, pointing out that in the specifications of the City for street or sewer work, it is a requirement that this fill be used by the City - but that when the East Bay Municipal Utility District was contacted on the matter of placing the same requirement in its specifications for this large sewer, the City was told it could not require this under a ruling by its legal department and that also, the job would cost more money if this restriction were imposed. 8. Mr. Glenn O. Richardson addressed the Council on the matter of irresponsible and unsupported statements made by citizens to the Council. HEARINGS: vt 9. The matter was called up concerning the request from A. W. Stauber, Donald C. and Morris V. Simonsen and Archie F. and Ella M. Waterbury - for the Amendment of Diagram and Division of Assessment of Parcel No. 91 -1 of the Bay Farm Island Sewer Assessment District, Project No. 1, into seven lots. The Affidavit of Publication was read and ordered filed. The amendment of this assessment as presented by the City Engineer was noted, and there being no objections to the amendment of the diagram and the division of the assessment, Councilman Jones moved the request be granted. 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. 10. At this point, President Osborn stated there were five City employees present tonight who have just concluded a course in Supervision and Management at the local High School, after eleven weeks attendance at night classes. He commended the group for their interest in their work for the City and in their desire to better fit themselves for the performance of their duties. He congratulated them upon their completion of the course and thereupon awarded the Certificates to the following: Geraldine Leydecker, Raymond E. Brown, Werner King, Walter Seifert and William Ray Hill. OPENING OF BIDS: 11/ Bids were received and read for the project of constructing a Storm Water Sys- tem on Paru Street, between Santa Clara and. Lincoln Avenues, in accordance with Specifications, Special Provisions_and Plans_therefor, No. PW 10- 50 -33, as follows From Paris Brothers $7,557.25 Accompanied by a Proposal Bond From McGuire and Hester 9,840.80 Accompanied by a Proposal Bond 12. A bid was submitted and read for the project of constructing standard culverts at certain intersections, in accordance with Specifications, Special Provisions and Plans therefor, No. P W 10- 50 -34, as follows: From Gallagher & Burk, Inc. ;41,865.20 Accompanied by a Proposal Bond 13. A bid was received and read for the project of furnishing and installing Cable in the existing Cable Conduit for the Civil Defense, in accordance with Specifica- tions, Special Provisions and Plans therefor, No. PW 4 -51 -2, as follows: From Hall Sloat Electric Co., Inca $4,887.96 Accompanied by a Bid or Proposal Bond - - The bids were referred to the City Manager for study and report. REPORTS OF COMMITTEES 14. From the City Manager, recommending contracts be awarded to several low bidders for furnishing certain items each for Auxiliary Firemen in connection with Civil Defense, in accordance with Specifications No. MS 3 -51 -8. Councilman Sweeney moved the City Manager's recommendation be adopted; that the several contracts be awarded for furnishing the specified items and bid checks be returned to the unsuccessful bidders. The motion 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. 15. From the City Manager, stating that all work in connection with the installa- tion, repair and modernization of the City Hall Elevator has been satisfactorily completed and recommending the acceptance of the work and the filing of the Notice of Completion. Councilman Anderson moved the City Manager's recommendation be followed; that this work be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Sweeney and unanimously carried. 161 From Thomas L. Ferro, tendering his resignation as a member of the City Plan- ning Board. Councilman Branscheid commented that the Council greatly appreciates the work done by Mr. Ferro as a member of the City Planning Board and moved that the resignation be accepted with regret. The motion was seconded by Councilman Sweeney and unani- mously carried. President Osborn stated it was with regret that the Council accepted this resigna- tion and it was hoped that at some future time, Mr. Ferro would be able to find his way clear to take on another Board assignment with the City. 17. From Fire Chief Lane, informing the Council of the award to the Fire Prevention Bureau of Alameda of an Honor Certificate for 1950, for cities in its _class. President Osborn noted the presence of Chief Lane in the audience and extended to him, and through him, to the members of his Department, the congratulations of the City on the award of an Honor Certificate and expressed the appreciation of the Council for the splendid . work done by the Fire Department in the matter of fire prevention and safety. 18. From the Library Board, requesting approval of its plan to hire an additional janitor and to employ one additional staff member to replace three part -time employees. Councilman Jones stated that inasmuch as the Council is now awaiting a report from the Citizens' Advisory Committee, dealing with the situation in the Library, it would be his suggestion that this communication be taken to the Committee of the Whole for study in conjunction with the report of the Advisory Committee. He there- upon moved the referral of this request to the Committee of the Whole. The motion was seconded by Councilman Anderson and unanimously carried. 19. From the City Manager, reporting that the work in connection with the installa- tion of a Storm Water System on Sherman Street has been satisfactorily completed and recommending it be accepted and the Notice of Completion be ordered filed. Councilman Anderson moved the 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. RESOLUTIONS: 20. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4348 Providing for the Issuance of "1,160,000. Principal Amount of "City of Alameda 1951 Sewer Bonds ", Pre- scribing the Date and Form of Said Bonds and of the Coupons to be Attached Thereto; Fixing the Maximum Rate of Interest on Said Bonds, and Prescribing the Maturities Thereof; Authorizing the Execution of Said Bonds and Coupons; Providing for the Levy of a Tax to Pay the Principal and Interest Thereof; and Directing Notice of Sale of Said Bonds to be Given." President Osborn requested the City Attorney to give a brief outline of just what this resolution covers and some of the ramifications connected with it. Mr. Whitney stated the resolution recites the history of the bonds starting with the Municipal Election, contains a copy of the bond and a call for the sale of bonds, which is set for May 15, at which time bids will come in and the award will be made to the best bidder. He stated that thereafter, the bonds will be printed and will be ready for delivery on or about June 11, and will be delivered to the successful bidder and the City will receive a .check therefor. He pointed out that the resolu- tion contains a form of notice which will be published in the Alameda Times -Star, advertising the bonds for sale and it also authorizes the collection of whatever money may be necessary to pay the principal and interest on the bonds. Councilman Anderson stated that before voting, he would like to know whether or not it is a fact that these bonds will be thirty -year bonds - and he was assured that such is the case. The motion to adopt said resolution was then 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. 21. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4349 Creating the Position of 'Deputy Poundmaster - Laborer' in the Pound Department of the City of Alameda, Prescribing the Duties and Fixing the Salary Thereof." President Osborn asked the City Manager to explain the necessity for the creation of this position and Mr. Froerer stated that at present, the City has only one Pound- master, who has to serve seven days a week and there is no provision made for relief at any time or for anyone to perform this work during his illness or vacation. He stated that the person employed in this new position would put in about fifteen per cent of his time in the Pound Department and the balance in the Park Department. Mr. Froerer offered the opinion that the City has been very fortunate in having Mr. Erwin as its Poundmaster and that out of consideration for him and to assure the best operation of this Department, it is necessary that somebody be appointed to assist him. 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. 22. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4350 Creating the Position of 'Senior Account Clerk' in the Street and Engineering Department of the City of Alameda, Prescribing the Duties and Fixing the Salary Thereof." 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. 23. The following resolution was introduced by Councilman Anderson, who moved its adoption; "Resolution No. 4351 Adopting Specifications, Special Provisions and Plans for the Extension of the Liberty Avenue Storm Sewer, Calling for Bids and "Directing the City Clerk to Advertise Same." 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. 24. At this point, Councilman Jones said the City Manager wished to make an oral report and Mr. Froerer stated that, because of the urgency to complete the connec- tion to the Control Center from the City Hall, the City Engineer has analyzed the single bid received for the furnishing and installing of the cable and it has been determined that this bid is excessive in price. He stated the City's estimate was approximately 03,400., whereas the bid was 04,887..96. He thereupon recommended this bid be rejected and, under the terms of the Charter, the City Manager be authorized to negotiate in the open market for this material. Councilman Anderson moved the City Manager's recommendation be adopted; that the bid be rejected and the City Manager be authorized to negotiate for the purchase of this material. 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. ORDINANCES FOR PASSAGE: 25. "Ordinance No. 1023, New Series An Ordinance Reclassifying Property by Adding Section 64 to Ordinance No. 725, New Series. (1021 and 1009 Union Street) Councilman Jones moved the ordinance be adopted as read. The motion 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. 26. "Ordinance No. 1024, New Series An Ordinance Reclassifying Property by Addin Section 65 to Ordinance No. 725, New Series. (West End, South of Central Avenue) Councilman Anderson moved the ordinance be adopted as read. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Coun- cilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). _Noes: None. Absent: None. FILING: 27. Auditor's Quarterly Report - Through March 31, 1951. 28. Specifications - No. PW 10 -50 -35 - Storm Water Line Extension on Liberty Avenue. BILLS: 29. An itemized List of Claims against the City of Alameda and the several Depart- ments thereof, in the total amounts as follows, was submitted to the Councilmat this meeting; General Departments, $10,735.30; Police Department, $2,813.45; Fire Department, $2,143.31; Street Department, $1,765.23; Recreation Department, $309.47; Health Department, $907.55; First Aid Department, $15.16; Park De- partment, $1,518.59; Golf Course Department, $1,822.05; Social Service Depart- ment, $25.94; Parking Meter Fund, $63.91; Store Department, $1,348.15; Pound Department, $45.07; Civil Service Department, $24.26; Traffic Safety Fund, $1,943.32; Civil Defense Department, $8,156.69; Gas Tax No. 1 Fund, $84.31; Gas Tax No. 2 Fund, $82.04; Engineering Department Deposit Fund, $20.; East Bay Municipal Utility District Fund, $2,046.92; Councilman Sweeney moved the bills as itemized in the List of Claims filed with the City Clerk on April 17, 1951, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Branscheid and on roll call car- ried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 30. At this point, President Osborn stated his family had done him the honor of attending the meeting tonight to witness his inauguration as Mayor and he wished to have the pleasure of introducing them to the Council and the audience. He thereupon introduced Mrs. Irene Osborn, his wife, Miss Grace Osborn, his sister, Mrs. Frances Brown, his daughter, Miss Valerie Brown, his granddaughter, and Charles Osborn, his son. 31. Councilman Sweeney addressed the Council, making the following remarks, "I know I speak for my colleagues on the Council when I unequivocally say that in. Mayor Branscheid, the City of Alameda had an outstanding Mayor and citizen. I had the pleasure of serving six years on the Council under his leadership and I want to say to you, Councilman Branscheid, that you have done a mighty fine job.and the City is proud of you. To you, President Osborn, may I say that I know you are going to have one hundred per cent cooperation from the Council and from the citizens of Alameda," 32. President Osborn referred back to "Oral Communications 't and asked if anyone wished to address the Council. Mr. Fred Strain stated he would like to speak to the Council on behalf of Leonard B. Hollywood Post No. 939, Veterans of Foreign Wars, with regard to its application for a permit to sponsor a carnival. He stated that he appeared before the Council in response to an order from the Post and if the Clerk would be asked to read the com- munication on file with him this evening, it would fully explain the situation and would save the time of the Council. The communication was read - in which it was requested that the Council reconsider its action taken at its meeting of April 3, 1951, and grant permission for this or- ganization to sponsor the West Coast Shows during the time from May 15, to 20, 1951. President Osborn suggested that the Council has had no opportunity to discuss this letter and he would therefore like to get an expression from some of the members as to their attitude. Councilman Jones observed that this letter throws a different light on the situation and pointed out the Council has had no expression from the American Legion about the matter and he inquired if the City Manager has had any communication from that or- ganization. Mr. Froerer stated the American Legion has not communicated with him, nor he with the Legion. Councilman Branscheid stated he had contacted the American Legion and had been in- formed by it that if the Veterans of Foreign Wars is granted this time, it might well jeopardize the dates with Foley and Burk, Inc., to be sponsored by the American Legion, as Foley and Burk, Inc. might not be willing to accept a time as close to the dates asked for by the Veterans of Foreign Wars. He stated the Council has no prejudice as to any Veterans' organization, but expressed the opinion that it is not fair to have one outfit take the cream off the activities of the other. Councilman Jones suggested it might be well to have the American Legion and the Veterans of Foreign Wars get together to find out what they want to do. He stated the Council would not want to bring about any breach in the relationship between these two organizations and that they might be able to reach an amicable agreement. He pointed out it is within the authority of the City Manager to grant such permits and that, in view of the limited time, the City Manager be requested to arrange a meeting between the two groups to see if some suitable arrangements can be made by them. Councilman Sweeney stated he felt that Councilman Jones' suggestion was a good one and suggested, further, that when the proposed conference takes place some schedule should be set up so the organizations could alternate each year. At this time, President Osborn noted the presence of Commander Rose of the American Legion Post and asked him for an expression on the subject of holding a meeting such as Councilman Jones has suggested. Commander Rose stated he knew nothing whatever about this matter - that it was en- tirely in the hands of a committee appointed by the Post, but that he could assure the Council the Legion wants to work with the Veterans of Foreign Wars in perfect harmony and this is the first time any conflict of dates has arisen. He stated he thought the suggestion made by Councilman Jones is an excellent one and his organi- zation would be glad to cooperate along this line. Commander Rose offered his congratulations to President Osborn upon his election to the office of Mayor of the City, wished him all success in the years to come and voiced the appreciation of the American Legion for the splendid administration car- ried out by Councilman Branscheid, Councilman Jones moved the City Manager be requested to arrange a meeting between Alameda Post No. 9, American Legion and Leonard B. Hollywood Post No. 939, Veterans of Foreign Wars to determine if some suitable arrangement can be made between the two organizations concerning the dates in dispute and that the City Manager be em- powered to grant such permit or permits as he may consider proper under the circum- stances. The motion was seconded by Councilman Sweeney. Councilman Anderson voiced the opinion that as far as the Council is concerned, it has the right to issue a permit if the show to be sponsored is a responsible outfit and if the sponsoring agent is in good standing. He stated he felt that, as long as the place for sponsoring such a show is available, one citizen or organization has as much right as another, and that the competitive situation is not a considera- tion so far as the Council is concerned, Councilman Jones pointed out that as a matter of policy, the City Manager has re- ferred matters of this sort to the Council - but, as a matter of fact, he has the right to grant such permits without consulting the Council. President Osborn observed that he has always considered it to be within the power of the City Manager to grant such permits, but that he has always referred the requests to the Council for its opinion. The question was called for at this point, and the motion was unanimously carried. ADJOURNMENT: 33. There being no further business to come before the meeting, the Council ad- journed - to assemble in regular session on Tuesday evening, May 1, 19.51, at 8 :00 o'clock. Respectful ubmitted, ity Clerk