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1949-12-13 Regular CC Minutes6 326 ADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, DECEMBER 13, 1949 The meeting convened at 8:00 o'clock P. M. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn and President Branscheid, (4), were noted present. Absent: Councilman Sweeney, (1). MI 1. The minutes of the regular meeting held November 15, 1949, and the meeting held November 22, 1949, were approved as transcribed. cial WRITTEN COMMUNICATIONS: 2. From L. E. Spratling, 6262 College Avenue, Oakland, submitting a proposal for the development of the East Bay Communities, i.e. to fill in and reclaim the waterlands leading from the Bridge Apnroach to Richmond - to set aside a certain portion of it for industrial purposes and still leave sufficient land to create a World's Fair site which could eventually become the site for a permanent park. He also requested that a committee be named to meet with representatives of other cities to investigate the possibilities. Following the reading of this communication, Councilman Jones suggested the mat- ter set forth would probably be of more interest to the cities closer to the pronosed development, but that if a committee, such as Mr. Spratling mentions, is eventually organized, Alameda should consider representation on it. 7e there- upon moved this communication be referred to the Committee of the Whole for fur- ther consideration if and when a committee to carry out the proposed improvement is organized. The motion was seconded by Councilman Osborn and unanimously carried. 7 V Oe From F. R. Neville , g. concerning the buildin known as 1510-1512 Webster Street in which the Alameda Dairy Company formerly operated its bottling and processing plant and requesting that the zoning regulations be changed to eliminate this type of business from the "E" or "F" Business District and to place it in the "G" Light industrial District, as it does not belong in the same zone as retail business establishments. President Branscheid suggested that the situation presented by this communication has been a problem to the City and also that there are other similar situations in Alameda which are not at all desirable. He stated that, in his opinion, there were so many ramifications to the situation such as this that it might be pro- fitable to give it some special study and suggested that it be referred to the Committee of the Whole for that purpose. Councilman Anderson moved the matter be referred to the Committee of the Whole and that a study of it be conducted along the lines of getting planning opinions, legal opinions and a careful appraisal of the situation from all angles. The motion was seconded by Councilman Jones and unanimously carried. 4. An application for a Permit to fill property located southwest of Roosevelt Drive was submitted by Frank E. and Isabel A. Sorisio. In response to a query as to how the outer edge of the fill would be protected from tidal action, T",r. Froerer stated that the Permit will call for the construction of the proper breakwater which will protect and retain the fill. Councilman Osborn then moved the permit be granted as requested by the applicants. The motion was seconded by Councilman Jones and unanimously carried. REPORTS OF COMMITTEES: e. From the Mayor, City Manager and Auditor, reporting on the Count of Money held November 16, 1949. It was shown there was the sum of 0,452,184.23 under control of the City Treasurer, the amount which, according to the Auditor's records, should have at that time been in the City Treasury. The report was ordered filed. 6. From the City Manager, renorting on his investigation of the costs of install- ing sewer laterals in Alameda, Oakland and San Leandro. It was pointed out that Alameda's average cost is 4.48 per lineal foot, which is from 57 cents to 3.05 greater than the cost of like work in Oakland and San Leandro. He recommended the City advertise for bids for the work of installing sewer laterals f President Branscheld observed that the report in this matter is very complete but that it indicates quite a wide snread in the figures. It does develop the fact, however, he noted, that the costs in Alameda are higher than those elsewhere. Mr. Ben Kopf was present and stated that he had taken the matter up with McGuire and Hester, Contractors, and the firm had stated that 75. would be a fair price for the installation of sewer connections in Alameda. Councilman Jones commented on the suggestion contained in the City Manager's report as to the matter of taking bids for the performance of this work, outlining in its entirety the routine followed in the matter of sending out proposals, receiving bids and the ultimate disposal through the awarding of a contract. At the conclu- sion of his explanation, he moved the City Attorney be requested to draw up the necessary ordinance which would permit the Council to entertain bids from contrac- tors to perform this work. The motion was seconded by Councilman Anderson. \1r. Kopf and Yr. J. J. Grodem, building contractors, and at whose request the study was made, inquired as to the matter of builders having their own sewer contractors to do this type of work under the proposed plan, and were told that if a contract is awarded for the installation of sewer connections, a single contractor will handle all the work of this type to be done in the City. Mr. Kopf and Ir. Grodem objected very strenuously to this, claiming the right to hire their own sewer contractors. It was pointed out to them by Er. Froerer that the primary reason why the City has been doing this work is because of the fact that when such work is performed by independent contractors, the resurfacing of the streets is not properly done, leaving the thoroughfares in a hazardous condi- tion and subjecting the City to possible liability for the maintenance of defective streets. Mr. Froerer stated, further, that to get a line on the situation, he had asked five contractors for bids on this type of work and that while they all bid on the in- 0,,allation of the connection, none of them would undertake the resurfacing. Grodem insisted that until the building contractors are permitted to go out and get bids on their own sewer work, the prices for that work will never be right. 7r. Kopf stated he felt the City should be entirely out of the sewer construction business. There was considerable discussion of the matter by members of the Council and Coun- cilman Jones asked that the ordinance to be prepared be a permissive ordinance rather than one which would make the award of a contract for sewer installations mandatory. Er. Kopf stated he felt it would be better to put this matter off for further con- sideration, but it was pointed out to him that some action had to be taken before any relief could be given inasmuch as anything which might be done to alter the situation would have to be done through an amendment to the existing ordinance. At this point, President Branscheid put the question and the motion was unanimously carried. President Branscheid stated this does not necessarily mean the ordinance will be passed, but simply that it will be presented to the Council for consideration and discussion. 7. From the City Manager, reporting that the work in connection with the improve- ment of Pacific Avenue, Marshall Way and Lincoln Avenue, from Main to Eighth Streets has been satisfactorily completed and recommending it be accepted and the Notice of Completion be ordered, filed. Councilman Osborn moved the City Manager's recommendation be adopted; that the work specified be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Anderson and unanimously carried. From the City Manager, requesting authorization to dispose of approximately 4 tons of miscellaneous junk iron and old batteries which have accumulated at the Corporation Yard. Councilman Anderson moved the City Manager be authorized to dispose of the junk mentioned. The motion was seconded by Councilman Osborn and unanimously carried. 9. From the City Attorney, submitting his opinion concerning the City Planning Board's request to ascertain who is responsible for the policing and enforcing of its decisions with regard to the granting or denying of Adjustments and Use Permits. Mr. Whitney stated that Section 2-451 of the Alameda Municipal Code defines the du- ties of the Building Inspector and in addition thereto, said section provides as follows: .,."and perform such other duties as may be imposed by the City Council or City Manager." He therefore suggested that the City Manager direct him to enforce provisions of Adjustments and Use Permits granted by the Planning Board. Councilman Osborn moved the City Manager be instructed to inform the Building In- spector concerning this matter. The motion was seconded by Councilman Anderson and unanimously carried. 4cd INTRCDUCTIOY OF ORDINANCES: 10. Councilman Osborn introduced the following ordinance after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Title XIII, Chapter 1, Article 9, of the Alameda Municipal Code by Adding Thereto a New Section to be Known as Section 13-1941.1, Relating to Drive-In Theatres." 11. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Vacating Certain Sewer Easements and Authorizing the Execution of Quitclaim Deeds to Santa Cruz Gil Corporation and to Alameda City Land Co." RESOLUTIONS: 12. The following resolution. was introduced by Councilman Jones, who-moved its adoption: "Resolution No. 4105 Declaring Public Interest and Necessity Require the Acquisition of Certain Lands for Public Street and Highway Purposes." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4)• Noes: None. Absent: Councilman Sweeney, (1). Thereupon the President declared said resolution duly adopted and passed. 13. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4106 Requesting Cancellation of County Taxes on Property Acquired by the City of Alameda for Municipal Purposes." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). Thereupon the President declared said resolution duly adopted and passed. 14. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4107 Cancelling City Taxes on Property Acquired by the City of Alameda for Municipal Purposes." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). Thereupon the President declared said resolution duly adopted and passed. 15. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4108 Approving Second Supplemental Memorandum of Agreement for Expenditure of Gas Tax Allocation for Major City Streets and Authorizing Execution Thereof." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). Thereupon the President declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman Anderson, who moved i adoption: 6 ) t7) -66 6.6 66,11666:1 1 olution No. 4109 Fixing Time of Payment of Salaries and Compensation." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). Thereupon the President declared said resolution duly adopted and passed. 17. _he following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4110 Requesting the Regional Water Pollution Board to Take Action to Prevent Food Canneries from Dis- charging Cannery Wast.es into San Leandro Bay." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). Thereupon the President declared said resolution duly adopted and passed. At the request of President Branscheid, City Manager Froerer reported on this mat- ter, detailing the manner in which the Board is set up with Regional Boards, etcetera. 18. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4111 Requesting the Federal Government to Construct, Operate and I:aintain a Suitable Vehicular Bridge at the Location of the Present 7rultvale Avenue Bridge ." The motion to adopt said resolution was seconded by Councit'ian Osborn and on roll call carried by the followinc, vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4 . Noes: None. Absent: Councilman Sweeney, (1). Thereupon the resident declared said resolution duly adopted and passed. Councilman Jones noted the splendid response of Oakland and the Port of Oakland to Alameda's situation and the great assistance given the City in this project. 19. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4112 Adopting Specifications for Furnishing One New Latest Model 1/2-Ton Cab and Chassis and Four- Compartment Special Body to the City of Alameda for the City Pound, Calling for Bids and Direct- ing the City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). Thereupon the President declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4113 Adopting Specifications for Furnishing One Main Radio Station Transmitter on 155.61 Megacycles to the City of Alameda for the Police Department, Calling for Bids and Directing the City Clerk to Advertise Sane." The motion to adopt said resolution was seconded by Councilman Csborn and on roll call carried by the following vote. Ayes : Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). 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. 4114 Adopting Specifications for Furnishing One New 1950 Model, 6 or 8-Cylinder Coupe and/or 2-Door Sedan Automobile to the City of Alameda for the Health Department, Calling for Bids and Directing the City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman. Sweeney, (1). 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. 4115 Adopting Specifications for Operating Refreshment Concession in Washington Park, Lincoln Park and Krusi Park for the Period Commencing January 1, 1950, and Ending December 31, 1951, Calling for Bids and Directin City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). Thereupon the President declared said resolution duly adopted and passed. 23. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4116 Adopting Specifications for Furnishing One Rubber Mounted Tractor with Hydraulic Operated Front End Loader with Minimum Capacity of 1/2 Cubic Yard, Tractor to be Equipped with Rear Dual Wheels, to the City of Alameda for the Golf Course Department, Calling for Bids and Directing the City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). Thereupon the President declared said resolution duly adopted and passed. FILING: 24. Financial Statement - George B. Middleton & Co. - Bureau of Electricity, as of October 31, 1949. 25. Auditor's Balance Sheet - For Month ending November 30, 1949. 26, Second Supplemental Memorandum of Agreement - Between State and City, For Expenditure of Gas Tax Allocation for Major City Streets. 27. Specifications - No. MS 12-49-12 - Truck for Pound Department. 28. Specifications - No. MS 12-49-14 - Main Radio Station Transmitter for Police Department. 29. Specifications - No. MS 12-49-15 - Coupe and/or Sedan for Health Department. 30. Specifications - No. MS 12-49-16 - Concession in Washington, Lincoln and Krusi Parks. 31. Specifications - No. MS 12-49-17 - Tractor and Loader for Golf Course Department. BILLS: 32. An Itemized List of Claims against the City of Alameda and some of the depart- ments thereof, in the total amounts as follows, was presented to the City Council at this meeting: General Departments, 003.17: Police Department, )31.60: Bay Farm Island Sewer Fund, ,±)28,615.65; McKinley Park Restoration Fund, 5,002.13; Northside Storm Water Disposal System Fund, 4,803.52; Library Remodeling Fund, 034.48: Gas Tax No. 2 Fund, 18,624.75. Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on December 13, 1949, and submitted to the Council at this time, be allowed and paid. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn and President Branscheid, (4). Noes: None. Absent: Councilman Sweeney, (1). 33. Prior to Adjournment, President Branscheid made a brief report on his trip to Cleveland, Ohio, to attend, the Conference of the American Municipal Association. He outlined the various topics which were discussed and stated it was a fine ex- perience and a conference out of which came many fruitful ideas for all those attending. Councilman Anderson also reported on his attendance at this Conference and stated that his impression of the aim and purpose of the Conference was to restore, in as large a measure as possible, the principle of home rule in the various muni- cipalities throughout the nation. ADJOURNIV! 34. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday evening, December 20, 1949, at 3:00 o'clock. Respe