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1949-03-23 Special CC MinutesSPECIAL MEETING OF THE COUNCIL OF THE CITY CF ALAMEDA HELD WEDNESDAY EVENING, MARCH 23, .1949 The meet',,g convened at 5:35 o'clock 2. ., with rresident Brancolleld presiding 7CLL CALL: The roll was called and Councilmen Anderson, Csborn, Sweeney and President -Branscheid, (4), were noted present. Abeent. counciLlan Jones, (1). The "Call and Potic of Special :eating", setting forth the purpose thereof, was read by the Clerk. The affidavit cf service, signed by Cfficer illiam Nills was ordered filed. 17:; BUSINESS: 1. The bid of Hanraford * Talbot and 1„asen ',Thos. in tho amount of J,269.80 for the purchase at par value of Olty of Alameda iwn:cinal Improvement 4 per cent bonds in connection with the Bay Farm Island Sewer Assessment 'reject Lo, 1, was road. At the request of President Branscheld, the City Attornoy offered his opinion that the bid was in. order. Councilman Anderson raised the question of awarding the sale of bonds without a deposit having been made to insure perforMance, stating there was some doubt in J.15 mind as to just how this would work out In case the bidder might feel, in April, that he did not wish to accept the bonds when they are ready. Mr. Lust co, representing Kirkbride, Wilson, Harzfeld Sutton. & 'Wallace, Attorneys of Can Mateo, answered Councilman Anderson by stating that his firm bas never re- quired bid bonds on the sale of bonds as bidders have always performed. He pointed. out that this was a matter of courtesy to bonding houses and was a means of getting the minimum rate of interest on the bid. The City Attorney also pointed out that there is a written bid and upon. the adoption by the Council of the resolution. accenting the bid, a contract comes into existence, under which the bidding firm. Is obliged to pay for the bonds When. ready for delivery He stated, further, that in the event the firm chooses not to accept the bonds when ready for delivery, the City can make a sale of the bonds on the open. market and maintain an action, against the bidding firm for the difference, If any, between the bid price and the price obtained for the bonds in the open market. The following resolution. was then introduced by Councilman Anderson, who moved its adoption: "Resolution 1,:o. 393 Awarding Sale of Bond The notion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4) . Noes: Nene. Absent: Councilman, Jones, (1). Thereupon the PreSident declared said resolution dui adopted and passed... The following resolution was introduced. by Councilman Sweeney, who moved its adoption: "Resolution No. 3986 Amending Re-olutien 'Ne. 3257 in Relation to Bonds." Mr. Eustice explained the reason . for the difference between the bid price of the bonds - ,,71,269.00 - and the face value of the bonds sold - 771,262.90 - by stating that the latter figure represents the actual amount of the unpaid assessment list, pointing out that it would have been imnractical to have made up the series of bonds in such manner as to take care of this ten-cent overage, stating that It would have been necessary to have a number of additional bonds printed to cover the amount. The motion to adopt said resolution. was seconded by Councilman Osborn and on roll. call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheld, (4). Noes: Nono. Absent: CouncilmanJones, ,(1). Thereupon. the President declared said resolution duly adopted and passed. 2 The matter of entering into a supplemental agreement under imease My(R)-33861 with the Na T Department concerning McKinley Park was presented.. President Branscheid stated the contract covering this subject has been received from the Government, which has approved the program and work to be done and that the contract Is now ready to be awarded for the removal of the buildings. 228 At the request of President 7ranschetd, Fr. Froeror explained the circumstances surrounding this matter by stating that under terms of the ag,rooment reached with the Navy Department, tho flovernment has annroved the execution of a supplemental a7reement to the lease of :'CKinley Park, with a nayment of the sum of '22,350. which covers the cost of the restoration of the park to its former ,state - also the removal of some transformers, as well as including the sum of )600. to cover rental from April 1, to June 1, 1949. Councilman Anderson queried as to any cost to the City over and above the amount of money to be furnished by the Government under the proposed contract. Proorer stated the only cost would probably be some enineorin7 chargos, such as lespections, which would not exceed ;,1,000. Councilman Anderson stated he felt the minutes of this leeetInE should show that the consummation of the re-acquisition by tho City of T;cNinley Fark is ',he result of sore fine work done by the City Eanagor and the Mayor or their recent trip to Washington, D. C. TJ0 stated that, in his opinion, It was a very commendable job and tho tiro element involved fits in wonderfully with tho recreational program of the City and the Board of Education. Councilman Csborr concurred in Councilman Anderson's statements statinr; he felt the City was greatly indebted to the ayor and tho City Trananer for their fine accomplishment. The following resolution on this subject was introduced by Councilman Anderson who moved its adoption: "Resolution. No. 5597 Authorizing the Execution. of a Supplemental Ap.reement to Lease NOv(R)-38861 for the Cancella- tion ef a Lease Upon Premises Commonly Known as cKinley Park and Providing for Restoration of Said Premises." The motion to adopt said resolution. was seconded. by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheld, (4). Noes: None.. Absent:. Councilman Jones, (1). Thoreupon the President Branscheid declared said resolution duly adopted and passed. 3 'resident Branscheid.roquested the City Eanager make a recommendation as to the award of contract for the restoration of fences, turf, bleachers and appurte- nances in McKinley Par}:. Mr. Free= recommended the contract for this project be awarded to O. C. Jones and Sons, the low bidder, at the bid price of ,366.70, and that the bid .checks be returned to the unsuccessful bidders. Councilnan Sweeney moved the City Fanager's roconmondation be accepted. The motion :.as seconded by Councilman Osborn and on roll cal] carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Transchold, Foes: Yone. Absent: Councilrlan joros, (1). The followin,; resolution was then Introduced by Councilman Csborn, who moved its adoption: "Rosolution. No. 3988 Lutllorizin'r tho Award of Contract to C. C. Jones Sons, a Copartnership, in Connection with Specifica- tions, Special Provisions and flans for the Restora- tion of Lc]'inloy fark, Complete Restoration of Fences, Turf, 3-leachers and Anpurtonancos, PW 2-45-4." The motion to adopt said resolution was seconded by Counciirian Sweeney and on roll call carried by the folJov,in7 vote. Ayes: Councilmen Anderson, Csborn, Sweeney and President Branscheld, (4). Woos: hone. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adonted and passed. At this point, ?resident 7,ranschetd requested tho City Lanagar to offer his recom- mendation for the award of contract concerning tho removal of buildings etcetera, from L7cKinley Park. :r. Proercr um•arized the bids received for the removal of miscellaneous improve- ments and recommended tho award of contract be made to the State of California and the bid check be returned to the unsuccessful bidder. Councilman Csborn moved the City anagor's recommendation be adopted. The notion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President T3ranscheld, (4). ,:oes: hone. Absent: Council/ran Jones, (1). The following resolution was next introduced by Councilman Sweeney, who moved its adoption: "Resolution T,:e. 3039 Authorizing the Execution of a Contract with the State of California, by and Through its Department of Finance, Local Allocation,. Division, for the Sale and Purchase of Certain Buildings, a Fuel Tank and Miscellaneous Items, as Well as Certain Work and Labor in Connection with Restoration. of 1 loKinley Park." The motion to adopt said resolution .. was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and. President Branscheid, (4). Noes: None. Absent: Councilman Jonos, (1). Thereupon. the President declared. said resolution duly adopted and passed. 4. The matter of the installation. of lights on High. Street was presented. Called. upon for an. explanation of this matter, City Manager Froerer stated that inasmuch as the sewer crossing at San Leandro Channel is settled, the Capital Outlays Fund Is now in such condition as to warrant geing ahead on the installation of street lights on. High Street. He stated that the Bureau.. of Electricity has requested that it be permitted to start this work in order to held it- installation crew together for this purpose. There followed some discussion as to the installation of lights right through to Otis Drive, rather than. from. Fernside Boulevard. to Washington Street. Mr. Froerer pointed out that inasmuch as there had. never been any lights south of Waahington Street on High. Street, it would, in his opinion, be necessary to form a street lighting assessment district to provide for the installation of such lights between Washington Street and Otis Drive. He stated, further, that High Street, between Calhoun. Street and Otis Drive, is not mproved, but that Roberts' Enterprises has agreed to install lights in. this area. He pointed out, however, that there is no compulsion on the part of Roberts' Enter- prises to make this installation and no bond has been posted guaranteeing the per- formance of the work. Summarizing the situation, Mr. Froerer stated this would mean the setting up of a street lighting assessment district between Calhoun Street and Washington Street, and in. the event Roberts' Enterprises does net perform, the assessment district would. have to cover the entire distance from Washington Street to Otis Drive. Councilman. Osborn. discussed the matter of lights in the Roberts' Enterprises proper- ty, stating he felt that many people who bought property in there did so without any knowledge of the fact that there were ne lights installed and without the expecta- tion. of having to pay for the installation of such lights. He stated. he did not know whether or net Roberts' Enterprises intended to instafl . lights between Calhoun. Street and Otis Drive, but felt that all persons contemplating the purchase of property in that tract should be made aware of the fact that unless the lights are installed by Roberts' Enterprises, the individual owners in the tract will have to pay for such lights as they may desire. Councilman .Anderson voiced. the opinion that the promise of Roberts' Enterprises to install these lights should' be made a matter of record at this meeting and in the publicity of same, and asked for the cooperation of the press in publicizing the fact that such. a promise has been made. Councilman Osborn suggested that the whole district in the southeast portiou of the City is in a similar predicament and stated he felt that if there is any street lighti 7 assessment district to be set up this entire neighborhood should. be included. Councilman Anderson suggested the matter be referred to the Chamber of Commerce with the request that it conduct a survey to find out how the people in that district feel about setting up a street lighting assessment district and suggested, further, that if this Council votes ho inatall lights on High Street, from Fernside Boulevard. to Washington Street, the whole matter would be out in the open. and everybody would be put on notice. Councilman Sweeney moved the City proceed to Install sLreot s on idagh. Street, from Ferns ide Boulevard to Washington Street. Councilman Anderson inquired as to the cost of t'ais installation and 'r. 'reerer stated the cost would be anrroxiaately L25,OCO. The motion was seconded by Councilman (shorn and on roll call carried by the follow- ing vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4) oes : 'one. Absent: Councilman Jones, (1). ADJOURTIL YT: 5. The businss, for which the meotin was called, having been attended to, the Council adjourned to assemble in regular session on Tuesday evening, April 5, 1949, at 9:00 o'clock.