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1948-05-18 Regular CC MinutesREGULAR MEETING OF TH8 COUNCIL OF THE CI HELD TUESDAY EVENING, MAY 18, 1948 Y OF ALAMEDA The meeting convened at 8:00 P. F. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4), were noted present. Absent: Councilman Jones, (1). MINUTES: 1. The minutes of the regular rneetin held May 4, 1948, were approved as transcribed. WRITTEN COMMITHICATIONS: 2'; From Lanuel F. Alves, 1829 Versailles Avenue, requesting the refund of his personal property taxes in the amount of •„;17.20, on which his veteran's exemption was subsequently claimed. Councilman Osborn observed that the Council had, a similar request within the re- cent past and at that time the City Attorney was asked for his opinion concerning the legality of making the requested refund and he would, therefore, like to ask the City Attorney for his opinion on this matter. Responding to the request, City Attorney Whitney stated this case is very similar to the one recently ruled on, pointing out that the request for the refund is not verified and, under the circumstances, there could be no legal justification for returning the money. He stated that it was a voluntary payment and there was no reason why it should be refunded at this time. Whereupon Councilman Osborn moved the request be denied. The motion was seconded by Councilman Sweeney and unanimously carried. OPE-ITN-1- OF BIDS: 7 Oo Bids were presented and read for the General improvement of Longfellow Park, in accordance with Specifications, Special Provisions and Plans therefor, No. PW 3-40-2, as follows: From California F3uilders Co., Inc. - - - - - - - - Accompanied by certified check in amount of - From J. Henry Harris Accompanied by certified check in amount of 25, 3,000.00 24,351.10 4,000.00 The bids were referred to the City Manager and City Engineer for study and report. REPORTS OF COMMITTEES 4. From the City Manager, recommending that contract be awarded to Herbert M. Watson for furnishing Frequency Modulated obile Radio Units in 152-162 m. c. Band for the vehicles of the Police arid. Fire Departments, in accordance with Specifica- tions 1,ro, T'S 4-48-6. Councilman Osborn moved the City Manager's recommendation be accepted: that con- tract be awarded to Herbert 1 . Watson, the sole bidder, for the equipment speci- fied. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes : Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: 7one. Absent: Councilman Jones, (1). 5. From City Manager, reporting on the tennis court situation in the City Parks, stating there were nine courts being used at present and under temporary plans which have been completed to date, an increase of 27 courts is anticipated. This is in line with the population of the City and the recommendation of the National Recreation Association which favors one tennis court for every 2,000 persons. The President order this communication filed for further consideration at the tine the budget is under construction. 6. From the City Lanager, recommeeding tha arold R. I chards, Executive Secretary of the Civil Service Board, be permitLed to attend the Western Regional Conference of the Civil Service Assembly to be held at long Beach, from June 15, to 18, 1248 and that a sun not to exceed ,100 be al,propriated for his expenses. Councilman Sweeney moved the City !:anager's recommendation be approved; that br. Richards be allowed to attend the designated conference and )100 be appropriated to cover his expenses. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President P,ranscheid, (4). Noes: None. Absent: Councilman 3ones, (1). 7. From the City Eanager, reporting on the condition, and submitting photographs showing the appearance, of Barker-Tilton Company's property on Park Avenue, which was the snbject of a recent complaint. He stated he had talked with Mr. Darker who assured him immediate steps would be taken to have a fence erected with the proper hedge and shrubbery planted. President Branscheid observed that the report very well answers the question raised by the protestants and he requested the City Yanager to follow through to see that the work is performed as promised. From the City Manager, reconmending the work be accepted concerning the project of the Installation of a sanitary sewer along the north side of Otis Drive and that Hetice of Completion he ordered filed. Councilman Osborn moved the City Lanage recommendation be adopted; that the wor be accepted and -Totice of Completion be filed. The motion was seconded by Council- man Sweeney and unanimously carried. From the Bureau of Electricity, requesting that Ir. John k. O'Dea, member of the Public Utilities Board, be granted permission to be absent from the State for the period from May 14, to 24, 1948. Councilman Anderson moved Mir. C'Dea be allowed to leave the State for the period specified. The motion was seconded by Counclaran Osborn and unanimously carried. 10: From the Bureau of Electricity, stating its Board of Public Utilities proposes to transfer sufficient moneys to the City's General Fund to make the dividend for the current year 509,]26.92, and requesting permission for the Board to retain the balance of the year's earnings in the Bureau of Electricity Fund. Councilman Anderson moved the Board of eublic Utilities be granted permission to act in accordance with its proposal. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent; Councilman Jones, (1) Councilman Osborn stated he would like to have the record show that he is very gratified to think the City has such efficient management of our Bureau of Electri- city as to enable it to enrich the General. Fund by more than ,500,000. during the year. President Branscheid stated he fully agreed with Councilman Osborn, and the contri- bution by the Bureau of Electricity to the General Fund is a very important factor in keeping down the tax rate. The City Manager reviewed the history of the Idght Plant, stating it has been in existence since 1287 and he felt a great deal of credit should be Elven to the Council that had the courage to purchase the Light Plant for the City. He stated. the purchase price of the Plant was 140,000. and that it has raid dividends aggre- gating in excess of two and one-half million dollars. INTRODUCTION OF ORDINANCES: 11. 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 Amending the Alameda Municipal Code by Adding Subdivisions (20) and (21) to Section 17-342, Relating to Two-Hour Parking." 12. 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 Amending the Alameda Mu _cipal Code by Amending Section 3-5421 of Article 4, Chapter 5, Title IIT, Thereof." NEW BUSINESS: 13. City L'anager .1c1"_illan stated he had submitted to the Council an Engineers' Report on recommended highway projects in Alameda County, which Report was compiled by the Engineers of the cities in the County, with some collaboration of the County Surveyor's Office up to a certain point. The Report, he stated, covered the expendi- ture of the County gas tax funds on highways in the cities. The Advisory Board of the Committee of Engineers met and adopted a resolution which it recommended be adopted by all cities in the County. 0,-,Mosa 90 Mr. McMillan pointed out that the program as outlined covers the routes indicated by the engineering group as being of County importance and on which County gas tax funds might legitimately be exnended. He stated that he had recommended the reso- lution to the Council for adoption, putting the City of Alameda on record with the other nine cities of the County, and thus assuring uniform action on the highway program. He outlined in a general way the program covered by the Report, with par- ticular attention to the priority recommendations on the several projects to be carried out in the City of Alameda. President Branscheid stated this entire program has been gone over by all engineers in the area with the thought that it should designate all major projects in the representative cities in the County. He observed that this makes for a comprehen- sive program and prevents competition for allocation of County moneys to be used for this purpose. He stated that all cities are agreed on the program and that what is wanted is that Alameda endorse the plan as it stands and give its support. Councilman Osborn moved the Council go on record as endorsing the plan as submitted The motion was seconded by Councilman Sweeney and unanimously carried. RESOLUTIONS: 14. The following resolution was introduced by Councilman Osborn, who moved it adoption: "Resolution No. 3709 Approving Third Supplemental Liemorandum of Agreement for Expenditure of 1/4 Cent Gas Tax Allocated 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, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 15. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3710 Transferring 41 ,000. from Gas Tax No. 1 Fund to the General Fund." The motion to adopt said resolution was seconded by Councilman Csborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman Anderson, who moved its adoption: solution No. 3711 Transferring 450,000. from Gas Tax No. 2 Fund to the General Fund." The motion 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: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 3712 Transferring 4607.81 from Contingent Fund 70-b to Capital Account No. 132-b (City Manager -- Automobile)." 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 Branscheid, (4). Noes: None. Absent Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3713 Transferring 4715. from. the Capital Outlays Fund of the City of Alameda to the Special Fire Alarm System Fund." 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, (d). Noes: 'one. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 19. The following resolution was introduced by Councilman Anderson, who moved its adoption "Resolution No. 3714 Authorizing City Treasurer to Sell Sufficient United States Savings Bonds of Series "7" to Redeem Funicipal improveirlent Eonds. The motion to adopt said resolution was seconded by Councilman Osborn, and on roll call carried by the following vote. Ayes : Councilmen Anderson, Csborn, Sweeney and ?resident Branscheid, (4). :Toes: :one. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. City Fanager I.:el.:Ulan explained the reason for the sale of these savings bonds, pointing out that they constitute a part of the sinking fund for the redemption of outstanding City iunicipal improvement Bonds and that it is necessary to sell a certain number of bonds each year to take care of the annual redemption requirements 20. The following resolution vas introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3715 Adopting Specifications for Furnishing Gasoline to the City of Alameda for the Fiscal Year 1948- 1949, Calling for T3ds, and Directing the City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes Conncilrien Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Ccroncilman Thnes, (1). ',hereupon the ?resident declared said resolution duly adopted and passed. 21. The following resolution was introduced by Councilman Anderson, who moved it adoption: "Resolution Ye. 3716 Adopting Specifications for Furnishing quarry Waste, Earth 2ill and lop Soil to the City of Alameda, Calling for Bids and Directing the City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the followin7 vote. Ayes : Councilmen Anderson, Osborn, Sweeney and President Branscheid, (4). KOOS: :Tone. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 22. The following resolution was introduced .by Councilman Anderson, who moved its adoption: "Resolution r:o. 3717 Adopting Specifications and Provisions for Furnishing Crusher Run Base to the City of Alameda for the. Fiscal Year 1948-1949, Galli= for Bids arid Directine City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilran Sweeney and on roll call carried by the following vote. Ayes : Councilmen Anderson, Osborn, Sweeney and Rresident Branscheid, (4). :;oes: I:one. Absent : Councilman ',ores, (1). Thereupon the iresident declared said resolution duly adopted and nassed. 23. The following resolution was introduced by Councilman Sweeney, who moved ito adoption: "Resolution No. 3'718 Adopting Specifications for Furnishing Paving Mixtures and Asphaltic Emulsions to the City of Alameda, for the Fiscal Year 1948-1949, Calling for Bids and Directing the City Clerk to Advertise Same. "Pg. 1-775, 92 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 Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 24. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3719 Adopting Specifications and Provisions for 7urnishlng Portland Cement Concrete Ylx to the City of Alameda for the Fiscal Year Ending June 30, 1949, Calling for Bids and Directing 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, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the ?resident declared said resolution duly adopted and passed. 25. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 3720 Adopting Specifications and Provisions for Repair of Portland Cement Concrete Sidewalk, Curb and Gutter for Fiscal Year Ending June 30, 1949, Call- ing for Bids and Directing City Clerk to Advertise Same." The motion 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 -,ransc'leid, (4). Noes: None. Absent: Counciln.an Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 26. The following resolution was introduced by Councilman Osborn, who moved its adoption: Resolution No, 3721 Adopting Specifications, Special Provisions and Flans for the Construction of Culverts and Other Work Appurtenant Thereto for the Fiscal Year Ending June 30, 1949, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Anderson and on roll cal] carried by the following vote. Ayes : Councilmen Anderson, Osborn, Sweeney and ?resident Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the ?resident declared said resolution duly adopted and passed. 27. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No, 3722 Adopting Specifications and Provisions for Resurfacing and Repair of Asphalt and Bituminous Pavement for Fiscal Year Ending June 30, 1948, Calling for Bids and Direct- ing 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, Osborn, Sweeney and President Branscheid, (4). Noes:, None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. 28. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Re o Ition No, 3723 Adopting Snecifl ations, Special Provisions and Plans for Construction of Bay Farm Island Inter- ceptor Sewer System and Force Pain, Calling for Bids and Directing 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 : Conncilnen Anderson, Osborn, Sweeney and President Branscheid, (4). Noes: None. Absent: Councilman Jones, (1). Thereupon the President declared said resolution duly adopted and passed. Mr. McMillan reviewed the history of this project, stating that at the time a call was made for bids for the sewer pipe, it was imposslble to obtain bids and the pipe .was procured in the open. market, with a long deferred delivery date on the purchase. He stated that it now apnears that delivery of the pipe will be made during the present week and all material to be used in connection. with the project will be•on hand by the middle of June. Under the circumstances, he felt It would be wise to call for bids for the installation of ripe which has been bought by the City, thus assuring the completion of the sewer this fall and getting away from the rains durinE the coming rainy season. Going into the matter of financing the project, Mr. McMillan stated that half the cost of the job is being borne by the State and half by the City and the State is willing to advance fifty per cent of its portion. of the cost when work is commenced. In this connection, Mr..MeMillan stated he felt it would be well if a full time employee were taken on to take care of the acquisition of rights-of-way for this project, as well as for several street projects now in the planning stage. 29. Financial Statement - Goodell, Byers Co. - City of Alameda, as at April 30, 1948. 30. Specniflications - fo, MS 5-48-8 - For furnishing Gasoline. 31. Specifications - Go. IYS 5-48-9 - For Iurmsnino Quarry Waste, Earth ?ill and Top Soil. 32. Specifications - No. MS 5-48-10 - For furnishing Crusher Run Base. 33. Specifications - Ho. US 5-48-11 - For furnishing Paving Mixtures and Asphaltic Emulsions. 34. Specifications - Yo. MS 5-43-12 - For furnIshing Portland Cement Concrete Mix. 35. Specifications - Pc. PV 5-48-3 - For the Repair of Portland Cement Concrete Sidewalk, Curb and Gutter. 36. Specifications - To. .,TC 5-43-4 - For the Construction of Culverts. 37. Specifications - No. 30 5-48-5 - For the Resurfacing and Repair of Asphalt and Bituminous Pavement. 38. Specifications - Pc. P\; 5-42-6 - For Construction of Bay Farm Island Interceptor Sewer System and Force Lain. i:emorandum of Agreement - Between City and State for Expenditure of 1/4 Cent Gas Tax for 1:ajor City Streets. DILLS: 40. An itemized list of Claims against the City of Alameda and the several depart- ments thereof, in the total amounts as follows was presented to the City Council at this meeting: General Departments, 4,101.25; Civil Service Department, 5.; Pound Department, ;82.87; Police Department, 2, 302.36; Fire Department, 2,346.84; Street Department, ;2,403.32; Health Department, ,,4,021.13; First Aid Station Department, ,125.60; Recreation Department, ,„>515.51; Park Depart- ment, 1,233.38; Golf Course Department, 3,409.73; Store Department, 40028.01; Social Service Department, 104.46; nraffic Safety Find, :305.18; Gas Tax '2o. 1 Find, ,:67.61; Gas Tax 0o. 2 Fund, :71.64; Parking Peters Fund, 26.50; Special Street righting Gund, ,273.73; Webster Street Storm Sewer Fund, ,,;328.61; Otis Drive Sower Fund, „553.50; Day 'Farm Island Sewer Fund, 460.90; East Bay Muni- cipal Utility District Fund, ,1,994.; Special Fire Alarm System Fund, 1,030.41. Councilman Osborn moved the bills as itemized in the List of Claims filed with the City Clerk on. May 18, 1946, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Sweeney and on roll call carried by the followim- vote. Ayes: Councilmen Anderson, Osborn, Sweeney and :'resident .. B)ranscheid, (4). I\Toes: None. Absent: Councilman Jones, (1). 41: Prior to adjournment, Councilman Sweeney suggested that it might be in order for the Mayor to give a resume of his and the City 1 anageris visit with Governor Warren in the matter of our second Estuary Tube. President Branscheid stated he thought the Tires-Star had handled the story very well giving most of the details. As to the conference with tine Governor, he stated that Pr. FcMillan, Councilman Sweeney and he, had, been closeted with the Governor and Charles H. Purcell, Chairman of the State Board of Public /forks, for a full and thorough discussion of the possibility of constructing a second tube across the Estuary and that from the conference, it is very clear that the Governor recognizes the importance of the second tube and he is going to do all he can to speed its construction. The Mayor stated that, all in all, the conference was most encouraging. He stated the matter would be followed through and that according to the Governor, unless something takes place within the next two weeks, the City is in a very favorable position and can reasonably anticipate the early construction of the tube. 42.t / At this point, City Yanager rcMillan stated he wished to present to the Council a matter concerning which he had no definite knowledge up to within five ninutes before appearing in the Connell_ Chamber. He stated that he had talked with the City of Pasadena and had accepted the position of City Manager for that City, to take effect August 1, 1948. He expressed his sincere regret at leaving the City of Alameda but remarked that he felt the acceptance of the Pasadena position was the thing for him to do. He stated he had told the officials of that city he would accept a certain figure if they offered it; that it had been offered and he would therefore place his written resignation before the Council at a later date, but did want to make it verbally at this time. He stated the budget will be prepared and everything he is working on will be out of the way. He thanked the Council for its splendid cooperation with him in his work as City Manager and stated it had been a marvellous experience working with such a fine group of men. Each of the Councilmen in turn expressed his regret at Mr. resigna- tion as City Manager, commenting most favorably on the manner in which he had carried out the duties of the City Manager, wished him all possible success in his new position and Godspeed and good luck. In this, they were joined by l[r. Frank CTottstein who expressed the thought that he had always felt Mr. McMillan was really trying to get another tube for the City. ADJOURNMENT 43. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Wednesday evening, June 2, 1948, at 8:00 o'clock. Resp c al ubM_Itted,