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1948-09-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF AIAMEDA HELD TUESDAY EVENIFG, SEPTEMBER 7, - - - - 1948 The meeting convened at 8:00 P. 11. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5), were noted present. Absent: None. Also present was Mr. Ernest A. Wilson of San Mateo, Special Counsel employed in connection with Bay Farm Island Sewer Project No. 1. MINUTES: 1. The minutes of the regular meeting held August transcribed. 1948, were approved as WRITTEN COMMUN1CATIM: From State of California, Division of Highways, concerning the performance of certain work in San Leandro Bay, adjacent to Bay Farm Island Bridge, in connection with the Bay Farm Island Sewer Project. City Manager Froerer informed the Council that he had contacted the State Highway Department and that they are now making borings and investigations to determine whether or not the proposed location of the sewer trench would damage the bridge. He stated the Engineer's office of the City is in complete accord with the Highway Division on this matter and all details connected therewith will be satisfactorily worked out. 3. From J. Henry Harris, Contractor, requesting a sixty-day extension of time for the completion of work in connection with the reconstruction and improvement of Longfellow Park. Councilman Sweeney moved the extension of time be granted as requested. The motion was seconded by Councilman Osborn and unanimously carried. 4: From Southern Pacific Company, submitting its application requesting permission to construct a spur track on Blanding Avenue, near Everett Street, adjacent to the property of Peerless Iron Works. This communication was referred to "Resolutions." 0 PENI 1JG OF BIDS: Cne bid was received from Meyering Motor Co. for furnishing one new 1948 two- door Studebaker Champion, in accordance with Specifications and Provisions therefor, No. MS 8-48-15, at the bid price of %4,667.88. The bid was referred to the City tanager and City Attorney for study and recommenda- tion. REPORTS OF COMMITTEES: 6. From the Mayor, City Manager and Auditor, submitting their report on the Count of Money, held August 18, 1948, showing an amount of ,2,444,741.04 under control of the City Treasurer, the sum which according to the Auditor's records should be in the City Treasury. Councilman Jones suggested the report be accepted and filed. It was so ordered. 7. From the City Manager, submitting the final form of the proposed budget for the fiscal year 1948-1949. The matter was referred to "Reoolutions." 8; From the City Manager, recommending that authorization be given to the Mayor, Council, City Manager, City Health Officer, City Clerk, Office Engineer, Recreation Director and Deputy Auditor to attend the annual convention of the League of Cali- f-, fornia Cities, to be held in Long Beach, from September 19, through September 22, 1943, and that 950. be appropriated to defray their expenses. Commenting on this communication, Councilman Jones stated that at the time this re- port was prepared, it was thought that many of the City representatives would travel by automobile, but that due to the imminent shortage of gasoline it may be necessary for the entire delegation to go to Long Beach by train. He pointed out that if this change in plans became necessary, the amount originally suggested for appropriation might prove to be inadequate. Councilman Jones thereupon moved the recommendation of the City Manager as to the attendance of certain officials at the convention be adopted but that the appro- priation to cover the expenses be set at a sum of not to exceed $1,200. Councilman Anderson stated it was to be understood that the fact that a certain amount had been appropriated did not necessarily mean the entire amount need be expended. Councilman Anderson then seconded the motion and on roll call it was carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 9' the City Manager, recommending the Mayor, City Clerk and City Manager be authorized to attend a conference of The Shoreline Planning Association of Califor- nia, to be held at Ventura on September 24 and 25, 1948, and that ,150. be appro- priated to cover their expenses. Councilman Osborn moved the City Manager's recommendation be adopted; that the designated officials be authorized to attend the specified conference and '150. be allowed for their expenses. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 10. From the City Manager, stating that for several years the City has entered into an agreement with the County of Alameda to conduct chest clinic tests for the control of Tuberculosis, but that now the City Health Department is accomplishing this work and there is no need for County aid. He therefore recommended that the Alameda County Health Officer be informed that the City does not desire to enter into an agreement this year. Councilman Sweeney moved the recommendation of the City ranager be adopted - and asked for an explanation of the situation. rr. Froerer stated that Dr. David Frost, City Health Officer, was present and could explain the arrangements under which the City previously conducted its Tuberculosis contact investigation. Dr. Frost stated that before the City organized its own Chest Clinic, it had a con- tract with the County of Alameda under the terms of which the County Medical Staff examined all contact cases of Tuberculosis originating in Alameda. He pointed out that the City now has this service in its own Health Department and it is not neces- sary any longer to have this type of contract with the County. He stated that the Alameda County Health Officer has requested that the City submit a letter informing him that it does not want this contract for the future. Councilman Jones inquired as to whether or not the work can be done more economic- ally by the City than by the County under the terms of the contract the City has had with the County. Dr. Frost stated the work is being done more economically and more accurately, pointing out that the local clinic has developed a large load of non-paying person- nel and the City does a more accurate and inexpensive job. The motion was then seconded by Councilman Osborn and unanimously carried. 11. From the City Iiianager, recommending that contract be awarded to Western Ma- chinery Company for the furnishing of one Portable Air Compressor and Miscellaneous Tools, in accordance with Specifications and Provisions No. NS 7-48-14, at its bid price of ,J,3,420.51. Councilman Anderson moved the City Manager's recommendation be adopted; that con- tract be awarded to the Western Machinery Company for furnishing the specified items and that the bid checks be returned to the unsuccessful bidders. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 12. From the City Tanager, stating that it had been necessary for him to resign from the Board of Trustees of the Alameda County Mosquito Abatement District, in compliance with Section 7-2 (n) of the Charter of the City of Alameda and suggest- ing that a representative of the City be appointed. The matter was referred to "Resolutions." 13. From the City Planning Board, recommending the reclassification of certain property from the "A" One-Family Dwelling District to the "A-1" One-Family Dwelling District, for the purpose of constructing a duplex. The property is situated on the north side of Fillmore Street, beginning 169.08 feet west from Mound Street, with frontage of 40 feet - to be hown as 2821 Fillmore Street. The matter was referred to "Introduction of Ordinances." 14. From. the Alameda Health Officer, with regard to the sewer project on Bay Farm Island. This communication was referred to the heading of "Re olutions." . 15. From Miss L'ildred S. eyers, member of the City Planning Board, stating she will be away from Alameda until sometime in November and will therefore be unable to attend several meetings of the Board. Councilman Anderson moved liss Meyers be granted a leave of absence from her duties on the City Planning Board until December 1, 1048. The motion was seconded by Councilman Sweeney and unanimously carried. INTRODUCTION OF ORDINANCES: 16. 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 Reclassifying Property by Adding Section 43 to Ordinance No. 725, New Series." 17. Councilman Osborn introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series Authorizing Lease to Loop Lumber F1 11 Company, a Corporation, of Certain. Real Property of the City of Alameda." 18. Councilman Jones introduced the following ordinance, and stated that inasmuch as this ordinance is an emergency measure, he would move its passage at this time: Ordinance No. 941, New Series An Ordinance Amending the Alameda Municipal Code by Adding Thereto Part VIII Entitled Public Works and Title XIX Entitled Acquisition, Improvement and Closing Procedure." The motion to adopt said ordinance was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5) . Foes: None. Absent: Parc. Councilman Anderson stated he felt it should be explained that the emergency was the desire of the City to give Bay Farm Island adequate sewer service before the winter rains set in and that in order to insure completion of the work before that time, it was necessary to have this legislation passed immediately. RESOLUTIONS: 19. The following resolution was introduced by Councilman Anderson, who moved adoption: "Resolution No. 3807 Transferring :,074.57 from the Cash Basis Fund to the Acquisition and Improvement Fund." 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, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 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. 3808 Transferring 100,000.00 from the Cash Bas Fund to the General Fund;" 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, Sweeney and President Branscheid, (5). Does: ':one. Absent: :;one. Thereupon the President declared said resolution duly adopted and passed. 21. The following resolution was introduced by Councilman Anderson, who moved it adoption: "Resolution No. 3809 Accepting Conveyance from Robert WcEwing and Elsie M. McEming, His Wife, of Easements in Certain Real Property and Consenting to the Recordation Thereof." 136 The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. Mr. Froerer explained that the easement in question was for the installation of a sanitary sewer in the east end of the City, on Washington Street, adjacent to Pearl Street. 22. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 3810 Accepting Conveyance from Harold C. Ward and Frances M. Ward of Easement in Certain Real Property and Consenting to the Recordation 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, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 23. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution. No. 3811 Accepting Conveyance from C. H. Lane of Easement in Certain Real Property and Consenting to the Recordation. 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, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 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. 3812 Rescinding Resolution No. 3696 and Authorizing the Acquisition of Certain Real Property for Public Street and 7ighway and °the', 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, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. Mr. Froerer explained the resolution in detail, stating that the former resolution was to be rescinded by reason of a difference in the description of the property, discovered subsequent to the adoption of the previous resolution. He stated that following the adoption of the original resolution, the matter went to the title company which discovered some discrepancies and in clearing up these, a change in the description was made necessary. 25. The following resolution was introduced by Councilman Jones, who moved its adoption.: "Resolution No. 3813 Authorizing Execution of License Agreement with The Regents of the University of California, a Corporation, for the Construction, Maintenance and Use of an Access Road to the Alameda Intransit Depot Military Reservation." 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, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 26. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3814 Approving and Adopting a Budget for the Fiscal Year 1948-1949; Appropriating Certain Moneys for the Expenditures Provided in Said Budget for Expenditures Heretofore Made." 4 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, Sweeney and President Branscheid, (5). Noes; Uone. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 27. The following resolution was introduced by Councilman Osborn, who moved its adoption: Resolution No. 3815 Fixing the Rate and Levying a Tax on All Real and Personal Property in the City of Alameda for the Fiscal Year 1948-1949 and Apportioning the Same Among the Several Funds of the City. 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, Sweeney and President Branscheid, (5). Noes: None. Absent: Lone. Thereupon the President declared said resolution duly adopted and passed. Councilman Jones pointed out that the levy this year makes a reduction in the tax rate over last year and reflects the careful work of the City Manager and Council in working out the budget. President Branscheid pointed out that while the assessed valuations in certain parts of the City, have been increased and the tax rate has been reduced, still the over-all result for the City as a whole will be a decrease in taxes. 28' this point the letter from City Health Officer David Frost, N. D., on the subject of the necessity for sewer facilities on Bay Farm Island, was read. Councilman Sweeney moved the letter be spread in full upon the minutes of the meet- ing. The motion was seconded by Councilman Jones and unanimously carried. "Honorable City Council of the City of Alameda: I am acquainted with the plans and specifications for the construction of vitrified clay pipe sanitary sewer mains, wye branches and house laterals, together with standard manholes and risers capped with cast iron frames and covers complete, on Bay Farm Island in Maitland Drive between County Road and a point 250 feet southeasterly of Fitchburg Avenue, in Garden Road from County Road to island Road, in Island Road from LIait- land Drive to the most westerly point thereof, in Melrose Avenue and ti'itchburg Avenue between Maitland Drive and Beach Road, and Seminary Avenue between Beach Road and a point 250 feet north- easterly thereof, and the construction of vitrified clay pipe, wye branches and house laterals in Beach Road between Flower Lane and Fitchburg Avenue, and in County Road at a point about 300 feet southerly from Garden Road. I recommend that you take proceedings pursuant to appro- priate special assessment and assessment bond acts, or other appropriate proceedings, for the construction above stated, and to assess the cost thereof upon the lands benefited thereby, as necessary as a health measure. DAVID FROST, M. D. Health Officer of the CI: e , ) of Alameda" 29. The following resolution was introduced by Councilman. Jones, who moved its adoption: "R o tion No. 3816 e Determining to Undertake Special Assessment and Assessment Bond Proceedings for the Construction of Sanitary Sewers and Appurtenances Without Proceedings Under Division 4 of the Streets and Highways Code." 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, Sweeney and President Branscheid, (5). Noes: one Absent: Lone. Thereupon the President declared said resolution duly adopted and passed. Mr. Ernest A. ;i_lson, Special Counsel in these proceedings, explained the purport of the resolution and outlined in detail the reasons for not proceeding under Divi- sion 4 of the Streets and Highways Code, explaining that over the years a short procedure has been developed and this short procedure has been used in this case. 30. The following resolution was introduced by Councilman Oeborn, who moved its adoption: "Resolution No. 3817 Resolution of Intention to Construct Sanitary Sewer Mains - Bay Farm Island Sewer Assessment Project No. 1" The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 31. At this point, the City Engineer presented his report on the Bay Farm Island Sewer Project, including plans, Specifications, estimates, diagrams and assessments all of which were explained to the Council by the Engineer and City Attorney and duly considered by the Council. The following resolution was introduced by Councilman Anderson, who moved its adoption; "Resolution No. 3818 Of Preliminary Approval of Engineer's Report - Bay ?arm Island Sewer Assessment Project No. 1." 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, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. In response to a question by Councilman Anderson concerning what the citizens on Day ?arm Island will get for the money they Day under the assessments levied, the City Manager stated there will have to be mains along the streets to the trunk line on laitland Drive; that the streets will have to be resurfaced and that side- walks removed for the installation of the laterals will have to be restored. In response to an inquiry by Councilrnan Sweeney, Mr. Wilson stated that there were approximately 150 parcels on Bay Farm Island involved in the sewer assessment dis- trict, some parcels involving a group of lots. In answer to an inquiry by Councilman Anderson, ;1?.. Froerer stated that some p250,000. has already been expended by the State and City of Alameda in connection with Bay Prnrrm Island sewers: that enT, narticipation is limited by State statutes; that lines have been constructed along Otis Drive, under the channel and along Maitland Drive; that a pumping plant has been constructed and a trunk line from the plant and that the City has gone the limit in its construction participation in this project. Councilman Anderson suggested that the situation at present was that the State has put up one-third, the City one-third and the lot owners one-third of the cost of the sewer project. City Manager Froerer agreed to this with the exception that the trunk lines constructed by the State and City will serve other properties than those in the assessment district when laterals are installed by such property owners 32. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3819 Establishing Prevailing Wage Scale - Bay Farm island Sewer Assessment Project No. 1." 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, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 33• The following resolution was introduced by Councilman Osborn, who moved its adoption: tt Re olution No. 3820 Appointing Time and Place of Hearing Protests in Relation to Proposed Improvement and Directing Notice - Bay Farm Island Sewer Assessment Project No. 1." 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, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 34. The following resolution was introduced by Councilman Sweeney, who moved adoption: "Resolution No. 3821 Calling for Sealed Proposals for the Construction of the Bay Farm Island Sewer Project No. 1 and Directing the City Clerk to Advertise Same." ,he motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes : Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: .:lone. Absent: None. Thereupon the President declared said resolution duly adopted and Passed. 35. The following resolution was introduced by Councilman Jones, who moved it adoption: "Resolution No. 302 Appointing an Acting City Ilanager During the Absence of the City ilanagee." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the followinrr vote. Ayes: Councilmen Anderson, Jones, Csborn, Sweeney and President Branscheid, (5). Noes: None. Absent : Ilene. Thereupon the President declared said resolution duly adopted and passed. President Branscheid explained that the reason for appointing an Acting City ranager was due to the fact that irr. Froerer would be in attendance at the Conven- tion of the League of California Cities at Long Beach and also the meeting of The Shoreline Planning Association of California at Ventura. 36. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 3823 Authorizing Installation by Southern Pacific Company of a Railroad Industrial Spur Track Upon and Across Blanding Avenue, Near Everett Street, to Serve Peerless Iron Works." 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, Sweeney and President Branscheid, (5). Noes: None. Absent: :one. Thereupon the 2resident declared said resolution duly adopted and passed. 37. The following resolution was introduced by Councilman Osborn, who moved its adoption: t R e caution Nc. 3824 Appointing City of Alameda Representative on Board of Trustees of the Alameda County Mesquite Abate- ment District." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes; Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5) . Noes: :Tone. Absent: 'lone. Thereupon the President declared said resolution duly adopted and passed. PILING: 33. Auditor's Balance Sheet - For the Month Ending August 31, 1943. 39. Financial Statement - Goodell, Byers & Co. - Bureau of Electricity as at July 31, 1948. 40. Lease - Between City and Loop Lumber and N1i11 Company. 41. Specifications - Bay loam Island Sanitary Sewer System. 42. Agreement - Between City and The Regents of the University of California, re Access Road to Alameda Intransit Depot T'ilitary Reservation. DILLS: 43. An itemized List of Claims against the City of Alameda and several of the departments thereof in the total amounts as follows, was presented to the City Council at this meeting: Coneral Departments, l08.09; Health Department, p20.; Bay Farm Island Sewer Fund, 39,305.30; Krusi Park Storm Sewer Fund, , 416.91; Longfellow Park Improvement 'Fund, 1,614.38. 140 Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on September 7, 1948, 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, Sweeney and ?resident Branscheid, (5) . Noes : None. Absent: None. ADJOURNMENT: 44. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, September 21, 1948, at 8:00 o'clock. Respectful