Loading...
1951-06-05 Regular CC Minutes50 REGULAR MEETING GF THE COUNCIL OE THE CTTY OE ATAMFDA HELD TUESDAY F=15, JUNE 5, 1951 The meeting convened at 8:00 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 May 15, 1051, and the adjourned regular meelThag held May 17, 1051, were approved as transcribed. =TTET: COTTUETCATTONS: 2 From the Department of Public Works, Division of Highways, with regard to ts plan for the proposed development of the East Shore Freeway between Fallon and Market Streets, Oakland, and Its Alameda connections. President Osborn, in commenting on this communication, stated that when the plan was reviewed by the Council, there was some criticism of the fact that Alameda traffic would have to cross the traffic leaving the freeway to 7o into downtown Csland - and the revision in the man has taken care of this objection. Councilman Jones moved the Department nf :ublic jors be notified that tho Oily of Alameda approves the tentative plan as outlined. The motion was seconded by Coun- cilman Branscheid, who observed there has been one rublic hearing an the matter, at which time everybody had an opportunity to study and investigate the Plan, with the result that the only objection was the one explained by the Mayor. The question was called for and the notion was unanimously carried. o. From Laurance L. Cross, Mayor of tine City of Berkeley, inviting the City to be with a float in the Sixth Annual 'Football Festival "Parade of Tights", to be held in Berkeley on Friday, September 21, 1051. This matter was referred to the Alameda Chamber of Commerce fo- tc consideration and recommendation. 4. An irvitation was read for the Council to attend the joint installation Cere- monies of Officers of Fleet heserve Association and Ladies Auxiliary, on Wednesday, Jure 13, 1951, at 8:00 o'clock P. 5. at the Veterans' Memorial -5uilding. President Osborn stated he would be happy to attend this affair and expressed the hope that other members of the Councii might find it possible to be present on this occasion. OPEXTI:C 07 8IDS: 5. Bids v,ere opened and read for the furnish' g of •:on-Premlum and Ethyl Gasoline during the fiscal year 1031-52, in accordance with Snecifications therefor, 115 5-51-10 as follows: From Signal Oil Company From Union Union, Oil Company .1653 .1853 .18 .205 From Richfield Oil Corporation .17 From Standard Oil Company From Shell Oil Company From Tide Water A, ()elated Oil Company From Seaside Oil Company .19 .179 .199 .1650 .1859 .1832 .2'032 .1675 .1875 Each of the foregoing bids was accompanied by a certified check in the amount of $500. The bids were referred to the City Manager and City Engineer for study and report. 6. A bid was received from Heafey-Moore Co. for furnishing Medium Curing Plant- mixed Surfacing Paving Mixtures at the price of per ton, in accordance with Item (a) of Specifications No. MS 5-51-11. The bid was accompanied by a certified check in. the amount of 600. A bid was received and read from Starcal Asphalt Ditumuls Company for furnishing Penetration Tyne Asphaltic Emulsion at the price of •21.01 per ton, in accordance with Item (b) of Specifications therefor, 110. 1S 5-51-11. The bid was accompanied by a certified check in amount of 94.05. r. There were no bids received on the City's call for furnishing Portland Cement Concrete i7ix_ during, the ensuing fiscal year, in connection with. Specifications 70• MS 5-51-72. Therefore, Councilman Jones moved the C't- ',Tanager be authorized to make arrange- ments to acquire this natorial on the open market. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Branscheid, Sweeney and President Osborn, Hoes: Hone. Absent: None. A bid was opened and read from Heafley-Moore Co. for furnishing Item (a) "uarry 7faste at ninety-five cents Per ton and Item (b) Earth Till at the City Dump at eighty-five cents per ton, in accordance with Specifications lIa. S 5-51-13. The bid was accompanied by a certified check in the amount cf Ho bid was received for furnishing Item (c) Ton Soil, in connection with these Specifications. 2•1/ A bid was submitted and read from Durcan Parking 1eter Corporation for furnish- ing Parking voters (1:anual) during the fiscal year 1951-52, in accordance with Specifications therefor, 7o. 118 5-51-14 - nrces being quoted according tc "lot" orders. "hn bid was accompnried by a cer'ified checll in the amount of T500. 10. The only bid received and read for the furnishing of Crusher Run Base, in ac- cordance with Specifications Lo. 1:S 5-51-15, was submitted by Heafey-r_ocre Co. at the price of 1.70 Per ton. The bid was accomranied by a certified check in the amount of :,225. 11 . Bids were subritted and read for the furnishing of one new Truck with 1 Cubic Yard Dump Body and 'Hoist, in accordance with Specifications therefor, T:o. 1:15 5-51-16 as follows: From. GPAC Truck & Coach Division - - I2,553.76 Accompanied by cashier's check in amount of 255.37 le • From Garland Chevrolet Co. 2,639.90 Accompanied by certified check in amount of - - ..265.90 From Jack Erwin Eotors 2,672.35 Accompanied by certified check in amount of - 300.00 12. Yo bids were received on the City's call for legal advertising during the coning fiscal year 1951-52. Councilman Anderson thereupon moved the Alameda Tires-Star be designated as the official newspaper for the City of Alameda. The motion was seconded by Councilman Jones and unanimously carried. 13V Bids were presented and read for the project of resurfacing and repair of asphalt and bituminous pavement during the fiscal year 1251-52, in accordance with Specifications and Provisions J-o. P71 5 -51-4, as follows: From Gallagher 2 Burk, Inc. It;153,150.00 Accompanied by certified check in amount of - - - 3,500.00 From Ransome Company 36,000.00 Accompanied by a Bid Bond 14:'A bid was received from Gallagher / Burk, inc. for the project of repairing _ortland Cement Concrete Sidewalk, Drivoe:ay, Curb and Gutter during the fiscal year 1051-52, as per the quoted unit Prices. 2he bid was accompanied by a certified check in the amount of ,500. 15. A bid was submitted by ;Manuel Enos for the Project of Installing 'louse Sevier Taterals during the fiscal year 1951-52, ir accordance with Specifications and Pro- visions No. rj 5-51-6 - prices quoted according to the several schedules set forth. The bid was accompanied by a certified check in the arnount of 671. 16. Rids were received and read for the project of Constructing a Pressure Sewer on Taylor Avenue, between Central Avenue and Fourth Street, in accordance with Specifications and provisions Ho. 27 5-51-7, as follows: From Paris Bros. .50 Accompanied by a Bid Bond From McGuire and Hester 8,732.00 Accompanied by a 1314 Bond From. Martin Murphy Accompanied by certified check in amount of - 9,070.00 1,000.00 51 17' were received and read for the project of constructing a Sanitary and Storm Sewers (Alameda's Sewer System to East Bay Municipal Utility District Sani- tary Interceptor - Unit No. 1), in accordance with Specifications and Provisions therefor, No. PW 5-51-3, as follows: From YeGuire and Hester Accompanied by a Bid Bond 294,5 .85 From Stolte Inc. 299,012.50 Accompanied by a Bid Bond When the reading cf the items making up the bids on this project had proceeded for a short time, and it was noted there were some 73 items in each of the bids, Coun- cilman Branscheid moved the itemized readin6 of these bids be eliminated and the bids be recorded by total bid prices only. The motion was seconded by Councilman Sweeney and unanimously carried. All of the foregoing, bids were referred to the City Manager and City Engineer for study and recommendation. REPORTS C7 COITITTEES: 13. From the :"ayor, City ',Tanager and Auditor, submitting their report on the Count of 1,9oney, held May 16, 1951, showing the amount of ,,2,716,031.93 in the City Trea- sury. The report was noted and ordered filed. 19, From the Department of ?ublic Utilities, transmitting copies of its Resolution Ile. 1227 and its 3udget for the ensuing year 1951-52, adopted thereby. President Osborn ordered this communication and its enclosures filed, with the ob- servation teL the Department of 2-eblic Utilities was to be cornended upon the fine showing it has nade, and with the expression that the City is very harry to have this very dependable source of revenue. 20. From the City Attorney, reporting on the situation between the Southern Pacific Company and the Alameda Belt Line in the matter of the removal of the tracks on Lincoln Avenue and recommending, that his office be authorized to engage the firm of FcCutchen, Thomas, T:',atthew, Griffiths 9- Theene, sPecialists in railroad litigation, to take such proceedings as may be legally advised in order that t'ne operation of the Southern Pacific Cornany's Tincoln Avenue line be discontinued at the earliest nossible moment. Councilman 'Thanscheld observed that this matter has been before the Council for a long time; that it has been given a great deal of study and there is no question that some recognition must be given the Cact that : r. Frank Gottstein has pushed the matter continuously - and further, that it imposes a grave responsibility upon the Council. N,e, stated, his only concern is whether, under the conditions as they exist today, the Council would be justified in proceeding with litigation because of the many factors involved, to-wit: A possible maximum fee of about 915,000. and the necessity for immediate paving of the street if the tracks are removed. He stated he would be very glad to support this, but would like to see a little more evidence of a public understanding of the situation - suggesting that if the people up and down Lincoln Avenue were to present a petition stating they understand that this action will entail a cost, part of which will have to be borne by then, he felt there would be a sound basis upon which the Council might proceed - but that, without such public support, he would be reluctant to make a motion to proceed. Councilman Branscheid thereupon suggested that, until such time, the natter be referred to the Committee of the Whole. Councilran Jones stated that while he agreed with what Councilman Branscheid had sold, the City Attorney had pointed out that, in his opinion, the litigation in connection with this ratter might extend over a period of Cron three to five years and the rehabilitation of Lincoln Avenue could not proceed until the litigation had been terminated. He stat-,0, he had been the recipient of many requests for informa- tion as to when this natter would be taken care of and that he had informed persons raking such inquiries that the Council honed to settle the matter without going to Court - but that if it were deemed necessary to do so, -litigation would be resorted to. He stated he felt, therefore, the time has arrived when a definite decision should be reached and proceedings actually undertaken, expressing the opinion that if the Southern Pacific Comnany understands the City means business, it might come to terns very shortly. Councilman Sweeney stated he felt the Council was entirely in accord in the ratter ar getting t ,e tracks out of Lincoln Avenue and the only thing that was causing him any concern was the terrific cost of the nrocosed litigation. He stated that, in view of this cost, if there were any other way of getting around, the situation, he felt those steps should be taken. 'iTe stated he had some conversations with the City Attorney about the revocation of spur track Permits and the City Attorney feels nothing could be accomplished by such action. He suggested the City Attorney might explain to the Council the difficulties in which the City mieht find itself if pro- ceedings are taken along this line. President Osborn asked the City Attorney what, in his opinion, would be the over-all result of action looking to the revocation of some of the Southern Pacific Company's spur track permits. Mr. Thitney stated he felt t'lat the revocation of a few nornite could not ho deemed to be a direct ennroach to the problem. He sug7ested that, in -the event of such action being taken, one of two things could happen, namely: The Southern Pacific Company could 7o into Court and state the C't:- is taing an arbitrary Position end on the o'-her hand, some firms that are served might try to enjoin the revocation of the permits on the 7round that the revocation of these permits injures their busi- ness. Secondl-, the Southern 2acific Company mi-ht permit the revocation ef the eerloits and tell their customers it can no linger serve them and they would have to go to the City Council to find out why. To stated thi s natter has reached the Point where, if the Council wants the Southern Pacific Company off Lincoll Avenue, the necessary action should he filed to get it off. Councilman Anderson pointed opt that t-le possible financial obligation of -a, 000. might be considerably less than that. Hr. Vihitney interjected that 15.000. was to be the ma:dmum cost of the litigation but he was not certain whether the coal firm mentioned would abide by that figure as it was quoted approximately one year ago. President Osborn read a Portion of the original letter from the law firn on the sub- ject cf fees, in which the ylinimum and -aximum amounts were discussed. Councilman Anderson, continuing his statement, said that while there is a consider- able sum of money involved, nevertheless for the good it would do the City, he felt every citizen in Alameda Is interested - not alone the people living on Lincoln Avenue. Pe stated this natter has been discussed many tires and has been given much thought and the problem involved is entirely a legal one. Ile stated he knew of no case where the Present City Attorney has mislead the Council and that the question is ono of great potency. He stated the City Attorney, after considering the matter fully and discussing every possible means of getting around the situation, has now come to the Council with a second letter recommending the manner in which this problem should be attacked . tTe said that, as far as he is concerned, there has been sufficient study given this subject and it was his opinion the Council should proceed along the lines advised by the City Attorney. Councilman Jones stated the matter has been before the Council for a considerable length of time and moved the City Attorney be authorized to engage the services of the law firm of :cCutchen, Thomas, Eatthew, Griffiths Greene and proceed in the matter of getting the Southern 1-'acific Company off Lincoln Avenue. The motion was seconded by Councilman Sweeney and unani-lously carried. v/ 21. Prom Ur, Herbert W. Peale, tendering his resignation as a nember of ,ne Social Service Board, effective immediately. Councilman Anderson moved the resignation ef Mr. Peale be accepted with regret and the Clerk be instructed to express to 1r. Peale the a,-preciation of the City for the fire worl- he has done as a member of thc Board. The motion was seconded by Councilman L3ranscheld and unanimously carried. 22. from the City Planning 7card, with regard to narking in the business districts of the City, and recommending that In order to get the matter of off-street parking under way, the proper procedure be followed by the Council to establish a Parking Authority, to be composed of a group of citizens and one member or the Planning Board. r sident Osborn noted that the com7.unication of the Planning Board is in response to a communication from the Junior Chamber of Commerce, addressed to the Council and referred by it to the Planning Board and that, inasmuch as the Council has had no opportunity to consider the recommendation of the Planning -Board, the ratter would be referred to the Committee of the 'jhole for further consideration. 23. From S. N. Graham, Acting Moderator, Executive Committee, Citizens' Advisory Committee, requesting that Harry L. Morrison, Jr., be granted a two weeks vacation at the termination of the Committees' present work. It was stated that MT. John Hanson, Deputy City Attorney, had given his opinion that Mr. Morrison was entitled to such a vacation under provisions of Section 2-541 of the Alameda Municipal Code. Councilman Jones moved the vacation be granted. The motion was seconded by Council- man Anderson and unanimously carried. Councilman. Branscheid inquired if Mr. Morrison were under Civil Service, and Mr. Froerer stated that while he could not answer that question, he could state that Yr. Morrison was employed under provisions of the Charter as a person of special ability, hired to perform special services. He pointed out the Deputy City Attorney was aware of this situation at the time his °Pinion in the matter was asked and given. V' 24. From. the City Manager, recommending that contract be awarded to Manuel Enos, for the project of constructing StermSewer Laterals on Fillmore Street, from High to Court Streets at the bid price of ,1;.2,659.45, in accordance with Specifications and Provisions therefor, P. P71 5-51-3. Councilman Anderson roved the City Tanager's recommendation be approved; that con- tract be awarded to Tr. Enos and the check be returned to the unsuccessful bidder. The motion was seconded by Councilman Sweeney and on roll call carried by the fol- lowing vote. Ayes : Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). hoes : None. Absent: -one. 25. From Wm. G. Paden, Superintendent of Schools, with regard to the lease between City and School District for the use of Thompson Field, McKinley Park. This matter was referred to the City Attorney for his consideration. 26. From the Alameda County Rent Advisory Board Number V, requesting that the Coun- cil take no action on a petition recently submitted for the decontrol of rents, unless and until a survey of the entire rental situation is made. President Osborn stated that the Council has recently received a request from the Apartment House Owners Association that rents be decontrolled and that the Council decided it would take no action until it had information as to what the Federal Government is going to do in the natter. Fe stated that, under these conditions, it would be proper to request the City Clerk to acknowledge this letter informing the Rent Advisory Board of the Position taken by the Council and that any action which might be taken in the future would be the subject of a public hearing. INTRODUCTION OF ORDINANCES: 27. Councilman Branscheid 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 Alameda 111 Icipal Code by Amending Subdivision (5) of Section 17-431, Relating to Through Highways." Councilman Branscheid indicated this ordinance does not result in the removal of any stop signs on High Street, but makes it a through street to Otis Drive. President Osborn, commenting on the ordinance, stated that by reason of the im- provements made in that district, several dangerous intersections have been created and this ordinance was being introduced to eliminate the hazard. 28. 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 Vacating a Sewer Easement Over Certain Lands and Authorizing Execution of a Quitclaim Deed to the United States of America." 7717 BUSINESS: 29. President Osborn noted the presence of Marion Niller in the audience and con- gratulated hir upon his recent election as President of the Alameda Chamber of Com- merce and introduced him to the audience. 30. Councilman Jones noted a delegation from the Junior Chamber of Commerce and suggested it might like to be heard on some matter. Mr. Jack Peters responded, stating that while the Junior Chamber has turned out in force tonight, it would like to sit with the Council in a Committee of the Whole meeting on off-street parking, by reason of its being too broad a subject to cover in an open meeting. He stated the Junior Chamber has some definite ideas as to what it would like to see done in the matter of off-street parking, and that it would welcome an opportunity to meet with the Council and discuss the whole subject around the table. 7e suggested the Chamber might be able to provide a little drive in the matter if the Council desired that. President Osborn stated he felt a meeting such as suggested by Mr. Peters could be arranged and that as soon as a date mutually agreeable could be determined upon, such a meeting would be held. Councilman Branscheid stated he felt this is a subject that will some day have to be met if the City is to successfull- retain its business interests. He congratulated the Junior Chamber upon its recognizing the importance of this natter and taking some steps to get it underway. He stated that while the ratter is alive, he would like to move that it be referred to the City Tanager with the request that he report to the Council on the matter of forming a Parking Authority. 7he notion was seconded by Councilman Sweeney. At the request of Councilman Jones, there was incorporated in Councilman Branscheid' motion a suggestion that this -hatter of a Parking Authority be inquired into in con- nection with the Bartholomew Report on Cff-Street Parking. 55 The question was called for and the motion was unanimously carried. 31. Mr. William McCall addressed the Council on the subject of sports activities in Alameda, stating that Alameda has many persons interested in skeet shooting, fly casting, etcetera, and that he had recently noted a skeet range operated by the United States Navy on City property back of the 4th Green of the Golf Course. He suggested the sportsmen of Alameda had lost their skeet and trap shoot ranges and it was their feeling they should be zranted the same rig:hts as Navy personnel here to set up a range on City-owned property, or share the range now operated by the Navy. City Manager Froerer stated this was the first knowledge he has that a skeet range is In operation. and that It would be immediately Investigated. He stated that se- lection of a site for a pistol and rifle range is being considered but that as to the natter of a skeet shooting range, that is an entirely different matter inasmuch as It is quite difficult to properly control this type of activity. RESOLUTIOtS: 32. The following resolution was introduced by Councilman. Jones, who moved its adoption "Resolution TM. 4373 Accepting Grant of Easement from United States of America in Certain. Real Property, for Sewer Purposes, and Consenting to the Recordation Thereof." The notion to adopt -aid resolutice corded by Counc11-an Branschold and on roll call carried by the follolving vote.Ayes: Councilmen Anderso:, Branscheid, Jones, Sweeney and Fresident Osborn, (5). yoes Absent : yone• Thereupon the resident declared sold resolution duly adoPted and passed. 33. The following roscluticu was introduced by Councilman Anderson, who moved its adoption: "Resolution Mo. 4374 Accepting Grant of Easement from Alameda South Shore. Land Company, a Corporation, in Certain Real Property' for Sower Purposes, and Consenting to Recordation Thereof." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Eranscheld, Jones, Sweeney and President Osborn, (5) . Hoes: None. Absent:: None. .Thereupon the President declared said resolution duly adopted and passed. 34. The following resolution was adoption: introduced by Councilman Sweeney, who moved its "Resolution Yo. 4375 Adopting Specificatione for Furnishing to the City of Alameda, Medical and. Surgical Supplies and Medicatione for Civil, Defense, Health. Service Divisionalling for Bids and Directing City Clerk to Advertise Same." The not on 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). Nees: Lore. Absent: None, Thereupon. the ?resident declared said resolution duly adopted and passed. 35. The following resolution was introduced by Councilman Branscheid, who moved its adoption: Time of "Resolution Ko. 4376 Payment of Salaries and Compeneation." 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: 1Tone. ,Theroupon the President declared said resolution duly adopted and passed. 36. The following resolution was introduced by Councilman Jones who moved Its adoption: "Mc:solution 'o. 4377 Resolution Indicating the City of Alameda's fillingness To Participate in the State Operational Plan for Civil Defense and 7,equestIng State Funds for the Immediate Construction of a Suitable Commun■cotions -etwork." The 'iotion 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). 7-oes: "one. Absent: -one. Thereupon the President declared said resolution duly adopted and passed. ORDTNAIT= POR PASSAGE: 37. "Ordinance No. 1026, Pew Series An Crdiriance Vacating Certain Levee, Bulkhead or Seawall Easements and. Authorizing the Execution of Quitclaim Deeds to Fanuel Soares and Soares, His V:ife, William Silva and Virginia Soares, His Wife and Anna C. Silva." Councilman Jones moved the ordinance be adopted as read. 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). Hoes: Pone. Absent: Hone. FILING: 33, Financial Statement - Middleton, Hiller (7 Hackleman Bureau of Electricity - Ponth of April, 1051. 39. --rant of Easement - Between Alameda South Shore Land Company and City. 40. Grant of Easement - Between United States of America and City. 41. Auditor's Balance Sheet - Month of June, 1951, BILLS: 42. An itemized List of Claims against the City of Alameda and several of the Departments thereof, in the total amounts as follows, was submitted to the Council at thIs tine: Genera] Fund, 5,906.22: Health Department, 62.70; Capital Outlays Fund, „:,2,320.; as Tax 2 Fund, 2,497.86; Civil Defense Fund, 546.25; Jere Department, '13.13; Street Department, (2,>101.52; Store Depart- ment, 1,;30.; Engineering Department Deposit Fund, 1,004.12. Councilman Sweeney moved the bills as itemized in the List of Claims filed with the City Clerk on June 5, 1251, be allowed and paid. The motion was seconded by Coun- cilman Branscheid and on roll call carried by the renewing vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Csborn, (5). 'Toes: None. Absent: rone. 43. At this time, President Csborn acknowledge the presence of the delegation from the Junior Chamber of Commerce. He asked the spokesman to present its matter and 17r. Jack Peters introduced 11-. Richard Schacht, whc extolled the work of Councilman Branscheid during the past six years as Mayor of the City and congratulated the City upon having had such a fine public servant. In conclusion, Ir. Schacht presented Councilman Branscheid with a desk pen set and invited him and all of the City Officials present to attend a reception being held in honor of Councilman Branscheid in thee Times-Star Building immediately following adjournment of this meeting. Councilman Branscheid graciously acknowledged the expression of appreciation and the gift. He stated it has always been a pleasure to work with the Junior Chamber of Commerce. ADJOURNMENT: 44. There being no further business to come before the meeting, the Council ad- journed - to assemble in regular session on Tuesday evening, June 19,1951, at 6:0C o'cloc. Respectfully submfrtted, y Clerk