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-
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docreatT-- '‘e,..-:ar'-zieut, 331.711-: -Inlr'
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"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