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1951-06-27 Regular CC MinutesADJOURNED RI=AR =TING. OF TUE COUNCIL 07 TIE CITY OF ANAdEDA HELD VJED:=Dn7 EVENING, JUNE 27 - - 7.- 1951 The meeting convened at 7:30 r clock. P. M. with President Osborn presiding. POLL CALL: The roll was called and Councilmen Anderson, 3rarscheid, President Osborn, 5) , were noted rresent. Absent: None. VIRITTER COFEUTTCATIONS: ones, 51..eeney 51,5 7ro1 Nasser Bros. Theatre, rei antii ermission to erect a 36-foot fence along Lhe easterly and southerly boundaries of• e Alameda Drive-In Theatre - to keep out tLm, glare of the lights- or. Webster Street. This =tter was referred by President Osborn to the City Manager for investigation and report. Councilman. Anderson suggested that the City 1:Lanager might want to make a recom- mendation on the matter this evening, but Mr, Froerer stated he was not at all familiar with the situation and would, therefore, be unable to make any recommenda- tion. at this time. REPORrYS OF COFMUULTEES: 2. the City 1./lanager, recommending-contract be awarded. to Gallagher ?.J.7. nc. for the r'( fl( of resurfacing and renair of asphalt and. bitum,inous pavement during the fiscal year 151-52. Councilman Anderson moved t Cit7 :.ana rrs recommendation be adonted; that con- tract be awarded to the designated cenranyand the bid check be returned to the unsuccessful bidder. The motior . was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen.Anderson, 4r01scheid, Jones, Sweeney and President Osborn, (5 ) . Noes: 7one, Absent: Noe. 3.. From. the City Manager, reportins that wor in connection with the construction. of the LibertyAvenue Storm. Sewer Extension has bee1 . satisfactorily finished and recommending the Notice of Comrietion be ordered filed. Councilman •Wee17107 moved the City Maragor's recommendation be followed; that thls work be accented and the Notice of Completion be filed. The motion was seconded. by Councilman Anderson and unanimoucly carried. v From T. E. Jost, City Auditor and ‘,,ssessor, submitting the net assessment figures for the fiscal year 1951-52, showing a valuation. ci '741,702,575. The renort was ordered filed. RESOLUTIONS: 5® The following resol ution. was introduced by Councjiman Anderson, who moved its adontion: "Resolution. o. 4302 Transferring J15,000.0C from the PaT.,1,In7 ietr to the GenoraJ Fund." The motion. to adopt said resolution was seconded by Councilman Jones and on roll call carried h the following vote. A7es : Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes:- None. Absent:. None. ,Thor.-:iron the President declarer1 . said. resolution duly adopted and passed._ o. The 7r1] 01/ resolution was introduced by Councilman Anderson, who moved. its adontion: Resolution No, 4393 Transferring 528.73 from the Snecla Health Fund to the General Fund." Public The notion to adort 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., 7. The following resolution. was introduced 7r Co. Anderson, who moved its adoption: "Resolution NO. 4394 Transferring , 65,075.29 from, the In Lieu. Tax Fund General Fund." The motion to adopt said resolution. was seconded by Councilman Branscheid and on roll call carried bY the followin7 vote. ka-es. CourcI.Limen Andersor, 17ranscheid ,. . /..--, '4„, . jones Sweeney. and 'President esbonrn ,o). Roos: '....Tone. Absent: 2=e, Thereupon the President declared said resolution dulTadopL d and nassed. 8. mho fo1 1owin7 resolution. was introduced bv Councilman Sweeney, whfl . moved its adontion.: Resolution We. 4395 Transferring '.:.22,409.38 from the Alcoholic Deverae 'Control Fund the General Fund." The motion to adopt said resolution. was seconded b7 Councilman. Branseheld and on roll call carried by the fol1owin7 vote. Ayes: Councilmen Anderson, Jones, Branschold, Sweeney and President Osborn, (5). Noes: None. Absent: ,None. Thereupon the President declared qaid resolutic n. duly adopted and passed. 9. Olio followin7 resolution was introduced adoPtIon: Councilman Branscheid, who moved its "Resolution No. 439(=', Transferring ::.11,216.50 from the Park: Planning Fund and 82 545.49from the Ba7 Farm Island Pari,r. and, flaye;rouud Fund to the Canital Cutlays-Fund." The motion to adopt said. resolution was secondedby Councilman. Anderson. and on roll call carried by the followinr.7. vote. Ayes: Councilmen. Anderson Dranscheid, Jones, Sweenev and President Osborn, (5). Uoes: Tiono. Absent: Keno. ,Thereupon the President declared said rosolutien duly adopted and passed._ 10. The following resolution was Introduced by COO' nn Jones, who moved Its adontion: "Resolution Uo. 4397 Transferring ''4,004.26 from. the initlatIve Relief u.a(,) nea,,:en Center GaraFeCon- struetior Fund, and :.,323.00 from the Cit7 Hall Elevator lodernization Fund to She General.Fund." The motion to adopt said resolution. was seconded by Councilman. Anderson and on roll eall carried b-,7 the followin7 vote. Aes: Councllren And( rson Bran.scheId, Jones, Sweene7 and President °shorn, (5) 7.:Toos: 7Rono.' Absent: 'IThne. RThereunor the President declared saId resolution dul7 adopted arid nassed._ 11. The following resolution. was :Introduced h2r Councilman Anderson, who moved. its adoption:. esolution. Ho. 4398 Transferring `i313.47 from Fiscellaneous General Account 70-b to Treasurer and Tax Collector Accoupts 140 and_48." The motion to adopt said. resolution was seconded by Councilman. Sweeny and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney- and President OsipoRrn, {5). Rees: ITone. Absent: None. ,Thoreunon the President declared. said resolution 4u1 -7 adented and nassed._ At the request of (louncilman Jones, the fore7oIng resolutions, having to do with transfers n-' funds, were explained by the City 1/Tanaer with the statement that by these resolutIons certain funds which 1.-iad served their purpose, were beile7 closed ont and the money returned So the source from which the given fund was created. 12. The followine; resolution was introduced by Councilman Branscheid, who moved Its adoption: "Resolution. N. 4399 Creatine: and EstablishinF, One (1) Additional Pos-ition of t7ire Captain' in the Fire Department of the 0t7 of Alameda." The motion. to adopt said resolutIon was seconded b7 Councilman Jones and on roll call carried by the following vote. Ayes: Councilren Branacheid, Jones, Sweeney and President Osborn, (4). Noes: Councilman. Anderson, ...(1). Absent: Hone. Thereupon the President declared said resolution. duly adonted and nassed. t57 Tn resnonse to a request by Councilman Jones Citx .11na7er Proerer explained this resolution. by statino. this additional -oire Contain. would fill tbe office beretofore known as Assistant Fire Marshal and. the reason. for this was that the Fire Chief believes it will result in 3reater flexibility in the handling of neraonnol. 13. The followin!n; resolution was introduced by Councilman Jones Moe meved Its adoption: "Nesoution 7o. 4400 Creating a Fund. to be Known. as 1Snecial Lvil Defense -rent ?Mid' and Transferrin Thereto :'f7,50Q.00 from the Civil:Defense Fund." The motion to adolot sold resolution . was seconded by Councilman Branschoid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branschoid, Jones, Sweeney and President Osborn, (5). Nees: N,one Absent: None, Thereupon the President declared said resolution drin,, adonted and nassed. 14. The following resolution was introduced 3» ouncilman. Sweeney, who mica its adoption: "Resolution No. 441 Creatinz a Fund to be Known as 'Special Street Department 1..)klunment Fund' ard Tr1nsfer1" ir7 Thereto ,500.00 from Street Department Conital Account 122." The motion to odort said resolution was seeonded bx ouncmilman Anderson and on roll call carried by the following vote. Ayes: Councilmen.. Anderson Branschold, Jones, Sweeney and President Osborn, (5). Noes: 0 0 Absent: Nene. Therounon. the President declared . said. resolutir n. duly adonted and passed._ T5. The followin)7 resolution was introduced by Councilman Anderson, who moved its adoption: "Posolution TPo. 4402 Authorizing 011t77 imtternex• to Commence Legal AN_ Proceedings !Against Southern Pacific ,ompan ,o Cormel Tt to eas it'"""' Tracks on. fincoin pr,r1. File AT)plication and Return to Questionnaire with Interstate Commerce Commission; Authorizing City Attorney to Emnloy Special PealCounsel."- The motion. to adopt said resolution was seconded by Councilman. Sweeney and on roll call carried by the followino., vote. Ayes: Councilmen Anderson„ Bronschold, Jones, Sweeney and President Osborn, (5). Noes: None. Absent:' None. .... Thereunon tbe President declared said resolution. duly adonted and. passed.... Councilman Branschold inquired as to whether or not the terms laid down in the orl7inal letter from 1 leal firm referred to were still in. effect and City Attorney Iilhithey stated they were. 16. The followinf.7, resolution. was Intrcniuced by Council= Sweeney, who moved Its adontion: "Resolution No. 4403 'Directing 1 it7 Engineer of tbe City of Alameda to Resurve7 and COffoile a Ear, EntitTed„'effical Resurvey of Portion of Sa7re7,ation Line rid The metion to adont said. resoJutlon was seconded by Counclinnr .Tones and on roll call carried by the followin7 voto. Ayes: Colim.-wlImen Anderson, Branschold, Jones, Sweeney rand President Osborn, (5). Noes: None. Absent: Nene. HPhereupon the President declared said resolution duly ador,ted and nassed._ Conncilan Jones requested an exnlanation. of tbis resolution and. City '.1Vianager Froerer stated. this resurvey is being made hrimarily to show the United States Coast and Geodetic Coordinates which are now beln3 used in the Citymof Alameda - merely e -matter of mechanlcs to use I11 . surveying and for descrirntivo -purposes. 17. Tbe follywin resolution. was introduced by Councilman Jones, who meved its adontion: "Resolution TIO. 4404 Establishing Certain Positions of Employment in The City of Ala.meda and. Fixing the Salaries and of Comnensation for Such Positions and for All Charter Offices and. Positions Under the Jurisdiction of Said Citv." The motion to adopt said resolution was seconded by Liouncilman Branscheid and on roll call carried by the following vote. Ayes: Couneilmon Anderson, Branscheld, ,Jones, Sweeney and President Osborn, (5). Koes: None. Absent: hone, Thereunon . the President declared said resolution duiv adonted and. nassed. , 13. The following resolution was introduced h 7 Councilman Jones, who moved its adontion: II Resolution I.'io, 4405 Authorizing City Eana7or to .1.1..,:e Aeelication to State Director nf F1nance an Behalf of the City of Alameda for State Assistance in Defraying Cost of Plans for Construction of Bod. Issue Sewer Project Unit S!o. I Project.. Ho. 47-34)." 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: Hone. Absent: None, Thereueon the President declared said resolution duly adopted and nassed.. 19. The onirn resolution was introdueed by Councilman Anderson, who moved its. adoption: tl Resolution Yo, 4406 Author izing City Nanager to Fake Apnlication to State Director of Finance on Behalf of the City of Alameda for State Assistance in. Defraving Cost of Construction of the Bond issue Sewer Project Unit No. 1 (Project. No. 20-9)." The motion to ado:2t said resolution was seconded h - Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and Prent Osborn (M. Noes Pone 10-)sent' one Therellnen the President declared said resolution. dulv adouted and. nassed. 20. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution. No. 4407 Withdrawing Apnlication to State Director of Finance and Rescinding Resolution_Yo. 4327 (Project No. 47-31)." . . . . _ The motion to adopt said. resolution.. was seconded by Councilman Sweeney and or roll' call carried by the following vote. lyes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None, Absent: Yore. , Thereupon the 'President declared said resolution duly adapted and passed. 21. The foliewing resolution. wss introduced by Councilman Sweeney, who moved its • adoption: "Resolution. Ne. 4408 Withdrawing Application to State Director of Finance and Rescinding Resolution _Yo. 4324 (Project No. The motion to adopt said resolution was seconded by Councilman Branscheid and on roll call carried bv the following vote. Ayes: Councilmen Anderson, Dranscheid, Jones, Sweeney and President Osborn, (5). Hoes: None. Absent: Hone. Thereupon. the President declared said resolution duly adopted and nassed. 22. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "R,osolution. No. 4409 Withdrawing _plicationto State Director of 7inance and Rescinding Resolution ,Ho. 4323 (Project No. ..20-3)." ... _ Tne motion to adont said resolution was seconded by Councilman Sweeney and on roll. call carried Iu; tbe followinr; vote. Ayes: Councilmen Anderson „ _ . 7ranscheid, Jones, , Sweeney and President Osborn, (5). Noes: Nero. Absent: Hone. Thereupon the President declared said resolution duly adopted and passed. 95. The followinq, resolution was introduced by Councilman ,,yeesney, in moved its )doption.: Hesolution 0. AA10 1:iithdrawing Application. to State Director of Finance and Rescindin Resolution:do. 4322 Ter, H J. The motion to ado-ct said resolution was seconded. by Councillsan„ Jones and on. roll call. carried by the followin,7 vote. Ayes: Councilmen. Anderson, Branscheid, Jones, Sweeney and President sborn, (5). Noes: None. Absent: None. sThereuron the President declared said resolution. duly adopted and passed.., 24. Tbs 5o11owin7 resolution was Introduced. Councilman Anderson, who moved its adoption: "Resolution No. 4411 " c ,1 t fl C; a: o 1. /7—c-)6). 7" r; to State Director of -JsolutionNo. 3952 The motion to adopt said. resolution was 'seconded by Council nn Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheld, Jones, Sweeney and 'President Cbern, (5). Noes: None. Absent: None. Thereupon tbe President declared. said resolutIon ['111 adopted and rassed. Councilman. Jones asked for an explanation. of the forefzeing resolutions dealin5 with the withdrawal of applications. The Olty leanaer ex,plaired that some five years afso, al7.)lications wore made by the City for funds allocated by the State to be used 5n the preparation of plans. Ho stated the oittr received on O;52000. In this manner and these funds have to, be matched and can be used only for certain. specific projects. He dpoirtod out that it is row found expedient to withdraw these amplica- tions and make others which will apply to the or work which muet be done. ORDINANCES FOR 25. "Ordinance No. 1030, Yew Series An Ordinance Amordirs; Alameda l'unicipal Code , Q.c.c 44c) V) to H'conic al Sienals." (7hir'd •treet and Pacific Avenue) Councilman Branscheid =ved the -i"no be adopted as read. The motion. was seconC ed by Councilman Sweeney and on roll call carried by the followin7 vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Tdoes: one, bent: 22,. 'r 7' ''7,r,'/I le "t '').-' T.1",7f '.' r--1.*-t ---,.2 '210-- '-' Lla,"„zda ,1' tbe r2vera1 '9,-,p,-rt r-11°ute t--'t' ' ', on t'''0 trtal anourts as.-: lellow, was sub ltted to tbe 1:ouscil at 4h.°- 'etirs: r' '(2 1 s --, - ,, ,,, . , , - ,--, i :" ' r--,,' rt 7 . cl (,,, ),--na,-;---o,2-- 379 Nealth, ;ro Denarto 't, 4.39.7)C: 2teet 2ep-r ., - 't, 7,59.z-S- --,,-) 1, '-‘,--,•1-,,-) 1,!--, ,n'r t -1 1,7 0 0 3n : docreatT-- '‘e,..-:ar'-zieut, 331.711-: -Inlr' 5r)(--.4C; "Drr''''P -,)(--/Ir',;"0 t, j7-).30: -t(r - onart 'e-t, 1: -.?7; or - "oPartaiont 50,26; , , , , , 1-- -)r.r•-•-• l i ,-, , i ,,,, 1 i' . 1 1 1 H- ' ' ' ' 1 , , y> ° , 1.-- ..i c, 241, - q 0';v117 )ofense DepartneTry , - s '''') ,ILLJ.A.47,7 :C r-.9.7: o, 1 1- —C 73.25: "rafIc 2afet a '', s 2 41--'' '7'. , o. 2 und 72 33. es rosr-T '2; 'onsaat., est 9ence.t '-'d 9 rT2 (-)°- 1 0cir',1 (1,0sry'00 'Theartment, 4 .97: Corncilman 11m7,,,en-Dy moved the bills as itemized in the Tdst of Clalms, T.7iled with the City Clerk on June 27, 1931, and presented to the Council at this time, be allowed and. paid. The _motion was seconded by Councilman. Tlranscheid and. on roll call car- ried by the.followinf, vote. Ayes: Councilmen Anderson, Eranscheid, Jones, Svieeny and President Osborn, (5). Nees: None. Absent: None. 27. Prior to adournment, President Osborn inquired if anyone had an-etbinera to present to the Council 0(1 this tia. Mr. 911liam. Stone of W. Stone Company on Lincoln Avenue, addressed. the Council and made the fol1ewin rerresentatlons: Thatabout three years ap;o, his Company was in position. to roPose to the Bureau. of "aectrcity that it be 7iver thelamp contract fop the Bureau and, at that time, he was informed that because the previous supplier had served the Bureau for some tine passed, It was satisfied with the service and wouad continue to deal with. that supplier, whsich was tlee General 7lectric Supply Company: That a sinsilar proposal was made at 0 subsequent time and the Company was informed that the contract had again been. closed. with the same suhplier: That for the coming fiscal year the same nronosa1 . was made and the Comnany was advised there was a Possibility of its getting the contract - but that subsoeuentiv, it was learned that the contract had a7ain. been awarded to the General Electric Supply Co=any for the reason that the Sales Banager of that CornY was a resident of the City of Alameda ard, because he had been paving taxes to the City, the Board felt he was entitled to the business: That the Sales Cana7er of the General.. Electric Supnlv Companv has since hoer. retired and no longer lives in the_City ofAlamoda: That bv reason of the fact that W Stone Company malntain a nlaeo nf business in tbe City of Alameda and pays taxes on merchandise and real property, it feels that 1 should be given some consideration -7cn the awarding of 11 lamp contract which.. amounts to between. and :A,000. ner annum. Ftone asked nat the Council presd nt. this matter to tho Public Utilities Board with. the request that if it is in position. to 1 _so, It reconsir the awarding or t lamp contract for the fiscal year 1951-52, giving due consideration to the Stone Cogmal-71s status as menahants mainta1n1n17 a place of business in. the City Alameea. Councilman, Sweeney inquired of fie .11.t1 Attorney whether or not the 5 differential referred to in the C would nertain.to the transactions of the Bureau of Electricity - and 1:1r. Whitney stated it was his belief that it would apnly to any purchasing agency in the City. President Osborn inquired of the City Attorney as to whether or not it is withIn the province of the Council to bring pressure or :influence to bear on the Bureau. of Electricity. Yr. Whitney answered that, inasmuoh. as the Bureau of Electricity Is nractically autonomous, anything that might be done in this direction. could be done only be suggestion. President Osborn informed ijr. Stone that he was very much in. favor patrohl7i,.6 local merchants and that where ter) is no differential, the local merchants should be favored. wi_th the business from tbe City. He pointed out that the question which he had iust asked the City Attorney' was asked ,with the idea of detormirAn whether or not the Council has any jurisdiction over the Bureau. of Electricity in this matter. Councilman Anderson moved the City Clerk be instructed to send. a letter to the Bureau. of Electricity, advising it tnat this matter has beer, cal.:led to the atter"- tion. of the Council and. asking It to reconsider its action. The motion was seconded by Councilman Sweeney. There followed a general discussien of the euestien and tbe sugestlon was made that If the facts set forth. by Br. Stone were called to the attention.. of the 111_7t Plant it might reconsider the matter without any crymmurication from the Council. Councilman_ Jones suggested to Councilman Anderson. that this mi!-.713 t well be incor- porated in his mbtion - but Councilman Anderson. was of the opinion. that this has nothing to do It the situation The question was called for and the motion carried bv the following to. Ayes: Councilmen Anderson, Jones, Sweeney and President Osborn, (4)L Hoes: Councilman Branscheld, (1). Absent: T:':.ore. Councilman. Branscheld stated ne weuld tc discuss the E31tuation a little further He pointed out f:lat during the many years this Council has been in. contact with. the Bureau_ of 7lectricity, at no time has it attempted to (43' 4(4 the actions of the Bureau. He expressed the opinion. that the matter h brou ght up by T.-r. Stone has erit O'(3 t t soul be investigated and 1410001411:14 into - but (44 3; that it was not 7:734'0e0 for the Council to take public action against the Bureau of lectri- city. Tio stated he felt the matter could be worked (1 without direct action by the Council - but it should be handleci through. the City Manager. Councilman Branschold thereupon made a motion to reconsider. The motion was seconded. 117. Councilman. Jones, who stated that was the rrimary reason he wanted to incernerate in. the original metion certain. matters which had. be0 n. mentioned by Yr. Stone. Councilman Sweeney said. he felt tne Council had gore no further than to ask the Bureau to review an action taken. by It - and there had been no suggestion of over- riding it in.. any way. Councilman Anderson pointed out the matter has been brought to the Council and is now a matter of -cublic record and as far aq the Council is concerned, it is net trying to reverse the Bureau of Electricity, butA7s. notifying It that some informa- tion. has been given the Council and it is 33kI7 7 the Bureau to reconsider the matter The question was called for and the motion to reconsider was lost or the following vote. Ayes: Councilmen Jones and Branschold, (2). 1Toes: Councilmen Anderson, Sweeney and President Csbern, (3). Absent:. 1 one, ADJOURM 28. There bel.n.r7, no further business to come .hefore the meet:1.72,7 the Courcil adjourned - to assemblo in -rerTular session on Tues(My even in7 --ru1 .7. 3 1951 at 8:00 o'clock. ResneotfuTT7 sl,Tbmitted, 7 Clerk