1952-08-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF A LA MEDA
HELD TUESDAY EVENING, AUGUST 19, 1952
The meeting convened at 8 :15 o'clock P. M. with President Osborn presiding.
ROLL CALL:
The roll was called and Councilmen Anderson, Branscheid, Jones, Sweeney and
President Osborn, (5), were noted present: Absent: None.
MINUTES:
1. The minutes of the regular meeting held August 5, 1952, were approved as
transcribed.
OPENING OF BIDS:
2. V`Bids were opened and read for the project of the Reconstruction of Post Street,
from Washington to Maadison Streets, in accordance with Specifications, Special
Provisions and Plans therefor, No. PW 8- 52 -12, as follows:
From Gallagher & Burk, Inc. - $26,990.75
Accompanied by certified check in amount of - 3,000.00
From J. Henry Harris
Accompanied by a Proposal Bond
- $30,473.00
-
From 0. C. Jones & Sons - $27,614.50
Accompanied by a Proposal Bond
3. ✓Bids were opened and read for the project of the Construction of Sanitary
and Storm Sewers to Connect Alameda's Sewer System to East Bay Municipal Utility
District Sanitary Interceptor, Unit IV, in accordance with Specifications, Special
Provisions and Plans therefor, No. PW 8- 52 -13, as follows:
From Stolte Inc.
Accompanied by a Bid Bond
From Paris Brothers
Accompanied by a Proposal Bond
From McGuire and Hester
Accompanied by a Bid Bond
The foregoing bids were referred to the City Manager and City Engineer for study
and recommendation.
WRITTEN COMMUNICATIONS:
4. From Stanley D. Whitney, Attorney, requesting to be notified of any future
meetings to consider amendments to the business license ordinance, in order that
he may represent his client, Barron- Brandon Company.
President Osborn stated the business license ordinance is being given consideration
at this time and he suggested, with the approval of the City Council, that the City
Manager be requested to communicate with Mr. Whitney, asking him to submit his ideas
or suggestions with regard to the ordinance in connection with his client, so that
this information will be before the Council at any meeting held on this subject.
Councilman Jones moved this be done. The motion was seconded by Councilman
Branscheid and unanimously carried.
5. ✓ From Middleton, Suman & Hackleman, two communications dated August 6, and 11,
respectively, submitting their proposal and an explanation with regard to their
auditing services for the fiscal year ending June 30, 1953.
President Osborn stated the City Council is to study this proposal at its first
opportunity and would come to a conclusion at a subsequent date. He thereupon
referred the matter to the Committee of the Whole for further consideration.
Councilman Anderson stated Messrs. Suman and Hackleman were present and he asked
them if they could give an estimate of what would be the total expense involved
and if they would be willing to give the Council a figure for the annual contract.
Mr. Suman said that, based on their prior experience, he could state that the
fixed fee for the auditing work, would not exceed ;3,600. - and this would
include audits for the Bureau of Electricity.
Councilman Jones stated that since these gentlemen were present he would express
his views. He said he was not at all pleased with the idea of a per diem basis
on which to pay for auditing services.
$192,221.60
-
$182,657.10
- $144,440.50
Mr. Suman explained that in recent years there has been a movement to get away
from fixed fees for auditing services. He stated he felt their position as
professional accountants should be understood and quoted from an article by John
C. Crowley, Finance Officer, and Southern California Representative of the League
of California Cities.
President Osborn stated that for many years the auditing work of Alameda was
handled by another firm whose services were very satisfactorily done on a fixed
fee basis. Then, he pointed out, the firm which Mr. Suman represents, had
requested an opportunity to submit a proposal in competition and had done so on
an annual contract basis and had been awarded the contract for the past four years.
He emphasized the advantage of a fixed fee basis because the proper amount can then
be set up in the budget. He stated it was the consensus of the Council that it
• would give this matter further consideration and any action will be withheld at
this time.
Mr. Suman stated the figure he quoted was an increase of 20 %, which he realized
was quite a jolt - but he pointed out their costs have gone up considerably as
everything else has. He said an increase had been warranted last year, but they
had some new personnel at that time and had not felt justified in raising their
price - but now they were experienced in the City work.
Councilman Jones asked if his firm was interested in a contract on a fixed fee
basis and Mr. Suman answered that it would be, in the case of the City of Alameda.
President Osborn asked if it were the consensus of the Council to have the firm
of Middleton, Suman & Hackleman submit a proposal for auditing services on a
fixed fee basis, and it was so agreed.
REPORTS OF COMMITTEE :
6. /From City Manager, recommending that Miss Solvig Erickson, Health Educator,
be granted permission to attend the Conference of Mental Health Society of Northern
California, to be held at Asilomar, August 22, 23, and 24, 1952; that 035. be
appropriated for this purpose and she be allowed to use a City car for transpor-
tation.
Councilman Jones moved the City Manager's recommendation be adopted; that Miss
Erickson be authorized to attend the specified Conference, 035. be appropriated
for her expenses and she be given permission to use a City car. The motion 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.
7.V From City Manager, recommending that E. H. Rogers, Building Inspector, be
given permission to attend the Annual Convention of the Pacific Coast Building
Officials Conference, to be held in Spokane, Washington, from September 9, through
September 12, 1952, and 0200. be appropriated for this purpose.
Councilman Branscheid moved the City Manager's recommendation be approved; that
Mr. Rogers be authorized to attend the designated Convention for the period
specified and 0200. be appropriated for his expenses. The motion was seconded by
Councilman Sweeney and on roll call carried by the following vote. Ayes: Council-
men Anderson, Branscheid, Jones, Sweeney and President Osborn, (5) . Noes: None.
Absent: None.
8.v/ From City Manager, recommending that Fire Chief °Thomas M. Lane be permitted
to attend the Annual Conference of the Pacific Coast Inter- Mountain Association
of Fire Chiefs, to be held in Las Vegas, Nevada, from September 14, through
September 17, 1952, and 0'250. be appropriated for this purpose.
Councilman Jones moved the City Manager's recommendation be followed; that Chief
Lane be authorized to attend the Conference in question and 0250. be appropriated
for his expenses. The motion 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.
9.✓ From City Manager, recommending th;t Gene Saalwaechter, Superintendent of
Recreation, be permitted to attend the 34th National Recreation Congress, to be
held in Seattle, Washington, from September 29, through October 3, 1952, and 5li100.
be appropriated for this purpose. The communication pointed out that a portion of
Mr. Saalwaechter's expenses would be paid by the Alameda Unified School District.
Councilman Sweeney moved the City Manager's recommendation be adopted; that Mr.
Saalwaechter be authorized to attend this Congress and the City appropriate 0100.
toward his expenses. The motion 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.
10./From the Civil Service Board, recommending that Section 12 of Ordinance No.
642, New Series, be amended to provide that "Any disciplinary action assessed
against a City employee may be appealed to the Civil Service Board" - instead of
as at present, whereby appeals may be made only on disciplinary action of more
than thirty days' duration.
Councilman Branscheid moved the matter be referred back to the Civil Service
Board for further explanation of the reasons for this request.
RESOLUTIONS:
11. The following resolution was introduced by Councilman Jones, who moved its
adoption:
The motion to adopt
call carried by the
Sweeney and Preside
President declared
12. The following
adoption:
"Resolution No. 4650
Accepting Deed from Alameda Unified School District
of Real Property at Third Street and Central Avenue
And Consenting to the Recordation Thereof, and
Rescinding Resolution No. 4560."
said resolution was seconded by Councilman Sweeney and on roll
following vote. Ayes: Councilmen Anderson, Branscheid, Jones,
nt Osborn, (5). Noes: None. Absent: None. Thereupon the
said resolution duly adopted and passed.
resolution was introduced by Councilman Branscheid, who moved its
"Resolution No. 4651
Accepting Deed from Central Avenue Land Development
Co. of Real Property at Central Avenue and Fernside
Boulevard, and Consenting to Recordation Thereof.
(For Street Purposes) (Tract No. 1085)
The motion to adopt said resolution was seconded by Councilman Jones 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.
13. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No.
Submitting to the Voters of the City of Alameda an
Ordinance Entitled, "An Ordinance Establishing a
Relief, Pension and Insurance System for Members of
The Police and Fire Departments of the City of Alameda,
And Repealing Ordinance No. 276, New Series, as Amended';
And Calling a Special Municipal Election to be Held in
Said City on Tuesday, November 4, 1952, for the. Purpose
of Submitting the Aforesaid Ordinance to the Voters of
Said City; and Consolidating Said Election with the
State Biennial Election to be Held November 4, 1952. "
Councilman Jones stated he did not wish to second the motion for the adoption of
this resolution, but felt an explanation was in order. He said the City Council
has spent many hours in informal discussion with the members of the Police and
Fire Departments to study the set -up of the pension system of the City of Alameda.
They had decided upon an ordinance which the Council thought it could conscien-
tiously submit to the people of Alameda. He stated it contained provisions sub-
stantially as set up in the original pension ordinance, with some changes and
modifications in language only. He said the proposed ordinance had been submitted
to the attorney for the Police and Firemen, Mr. J. W. O'Neill, who had reviewed
it and then recommended a number of changes. Mr. O'Neill had written a letter
that he was not prepared to approve the proposed ordinance unless it contained a
clause presuming certain ailments to have been service - connected.
Councilman Jones further stated that the City Council had felt that the pension
ordinance as established was already very, very liberal - to the point where it
amounted to a serious drain on the people of Alan eda. The Council did not feel
it was proper to write into the ordinance any language which would further increase
the obligations of the City beyond which it is now paying. He stated this is the
final night, according to information given to the Council by the City Attorney,
that the matter can be qualified to get it on the ballot for the November Election.
Therefore, since this disagreement has arisen through Mr. O'Neill's letter, the
Council reluctantly feels the matter will have to be held over until the regular
Municipal Election of next year. He pointed out that insofar as the Police and
Fire Department employees are concerned they will continue to have protection as
provided by the existing ordinance. He stated he felt the citizens are entitled
to know
ave the Council to unable
to act on anxious
cerned
to h
259
Councilman Anderson explained why he had moved the adoption of this resolution,
stating the present ordinance had been adopted by vote of the people about 25 years
ago. He pointed out that it is not within the province of the City Council to take
action to alter what the people have voted into effect. He stated he felt that,
through all of the meetings held, they had arrived at an understanding that sone of
the ambiguities of the present ordinance were to be clarified, and the police and
firemen had voluntarily offered to double their contribution and to pay 4%. He
mentioned that for every 3 police and firemen employed by the City at the present
time, 1 is out on pension. He pointed out that the ordinance as now submitted does
not alter the original benefits established 25 years ago. He stated the differences
are just that, in the original pension set -up as voted by the people, it was the
employee's responsibility to establish proof that his illness, disability or demise
could be traced to service- connected heart, pneumonia or hernia condition, - and
now their Counsel, Mr. O'Neill has notified the Council that they feel the burden
of proof should be upon the City that any disability due to a condition of heart,
pneumonia or hernia is not service - connected. He stated there was no agreement,
to his knowledge, that such a change would be made. He said he believed the pro-
posed ordinance carries out the ideas agreed upon and he still agrees. He felt
there was merely the technicality, as brought out, of who has to prove what. He
said he thought it was a fair proposition.
Councilman Sweeney stated he still felt there is some ambiguity and misunderstanding
in the matter and, in all fairness, another meeting should be held to clarify the
situation before any action is taken.
Councilman Anderson mentioned another phase of the situation - that the hours
worked by our firemen should be shortened to bring them into line with those of
other communities. He stated the issue has been before the Council for sometime
and if approved it would involve the hiring of 9 new men in the Department. He
said he felt this situation is fair and equitable and the new men should go into
the new retirement system and therefore, it was not fair to hold the matter in
question over until next March. He believed the question should be resolved at
the present time.
President Osborn stated it is most unfortunate that the Council cannot see fit at
this time to submit the matter to the people at the coming election, but he felt
that to adopt this resolution to submit the proposed ordinance as presently written,
would not be wise because there is a question at issue between the Police and Fire
Committee, as represented by its attorney, and the views of the City Council. He
thereupon declared that the motion was dead, since there has been no second there-
to, and inquired if Councilman Branscheid wished to express his opinion on the
subject.
Councilman Branscheid stated he is not a party to any agreement, and does not feel
duty -bound to sustain the resolution as presented. He said he cannot approve the
resolution or the ordinance. He pointed out that the pension ordinance as adopted
in 1937 has always been ambiguous - provisions not clearly defined. He mentioned
that in 1937 a State law was passed in which certain regulations were effected in
the Labor Code which recognized certain contributions toward illness and death,
which were fine - but when the City Ordinance was adopted, the question arose as
to how broad the coverage was and just what the intent was. He said he had
questioned the intent of the ordinance and this phase should be clarified. He
stated the Labor Code broadly includes the conditions of heart, hernia and pneu-
monia - but he feels the question arises whether or not this was the intent and
that point has never been clarified. He pointed out that it is now incumbent upon
the City to prove otherwise. He stated that, unfortunately, there are other angles
which further complicate the matter and he felt nothing should be left to doubt.
Councilman Branscheid also pointed out that he felt the 4% contribution on the part
of the employees is not sufficient or fair. He stated the situation should be gone
into very thoroughly and definitely. He believed the Council must be practical and
while he felt the police and firemen are entitled to all they can get, still, if
they want all of these benefits, they should pay for them. He stated this whole
matter should be set aside until a committee composed of actuaries, insurance men
and experts could work it out on a sound financial basis.
President Osborn stated he appreciated Councilman Branscheid's views on the question
and remarked that it was most unfortunate that Councilman Branscheid was away during
the time the many discussion meetings were going on. He agreed that the pension
system as voted on in 1937 is not actuarially sound, each year it has become a more
serious problem, and it has been realized for many years that something should be
done about it.
He stated that, instead of taking hasty action by adopting this resolution to
submit the proposed ordinance to the people at the November Election, he would
suggest the matter be held up for further consideration by those who have know-
ledge of the subject.
Councilman Anderson reiterated that 25 years ago the people adopted a pension
system and since that time men have applied for jobs and been employed by the City
under those provisions. He pointed ou that now, the present members of the
2
00
Police and Fire Departments realize the situation and because they are intelli-
gent and practical men, they have agreed to double their contributions - to pay
4% - and they will not get any more than those on pension today, who paid only
2%. He stated that for these 25 years the City Council has not collected enough
taxes to pay into a reserve account to meet the legal obligation of the City and
that is why the City has not been relieved, and pointed out that tonight there
is the opportunity to correct this situation.
President Osborn stated the motion is dead.
14. The following resolution was introduced by Councilman Anderson, who moved its
adoption:
"Resolution No. 4652
Authorizing City Manager to Make Application to
State Director of Finance on Behalf of City of
Alameda for State Assistance in Defraying Cost of
Plans for the Construction of Bond Issue Sewer
Project, Unit IV - (Project No. 47 -39)."
The motion to adopt said resolution was seconded
roll call carried by the following vote. Ayes:
Jones, Sweeney and President Osborn, (5). Noes:
upon the President declared said resolution duly
•
by Councilman Branscheid and on
Councilmen Anderson, Branscheid,
None. Absent: None. There -
adopted and passed.
15. The following resolution was introduced by Councilman Branscheid, who moved
its adoption:
"Resolution No. 4653
Adopting Specifications, Special Provisions and Plans
for the Santa Clara Avenue Resurfacing and Culvert
Construction, from Webster Street to Bay Street, and
from Morton Street to Stanton Street and Culvert
Construction at Central Avenue and Oak Street;
Calling for Bids and Directing City Clerk to
Advertise Same."
The motion to adopt said resolution was seconded
roll call carried by the following vote. Ayes:
Jones, Sweeney and President Osborn, (5). Noes:
upon the President declared said resolution duly
ORDINANCES FOR PASSAGE:
16. "Ordinance No. 1064,
New Series
by Councilman Sweeney and on
Councilmen Anderson, Branscheid,
None. Absent: None. There -
adopted and passed.
An Ordinance Amending Ordinance No. 673, N. S.,
Entitled 'An Ordinance Establishing a Retirement,
Pension and Insurance System for Officers and
Employees of the City of Alameda', by Amending
Subdivisions (a) and (b) of Section 13. Thereof."
Councilman Jones moved the ordinance be
by Councilman Anderson and on roll call
Councilmen Anderson, Branscheid, Jones,
None. Absent: None.
adopted as read. The motion was seconded
carried by the following vote. Ayes:
Sweeney and President Osborn, (5) . Noes:
Councilman Jones stated this ordinance relates to City employees, other than those
in the Police and Fire Departments.
President Osborn remarked that it was a minor amendment, and upon Councilman
Anderson's request, called upon City Attorney Clark for an explanation. Mr. Clark
stated this amendment provides that in the event an employee reaches the age of
compulsory retirement, he may immediately thereafter withdraw from the retirement
system his accumulated contributions. There is no City money involved at all.
17. "Ordinance No. 1065,
New Series
An Ordinance Amending the Alameda Municipal Code
by Adding Subdivision (4) to Section 17- 341,
Relating to One -Hour Parking."
Councilman Jones moved the ordinance be
by Councilman Anderson and on roll call
Councilmen Anderson, Branscheid, Jones,
None. Absent: None.
adopted as read. The motion was seconded
carried by the following vote. Ayes:
Sweeney and President Osborn, (5). Noes:
FILING:
18. Thirteenth Annual Report - Civil Service Board - 1951 -52.
19. City Auditor's Report - Fiscal Year Ended June 30, 1952.
20. Specifications - No. P'W 7 -52 -11 - Project of Santa Clara Avenue Resurfacing
and Culvert Construction.
BILLS:
21. An itemized List of Claims against the City of Alameda and the several Depart-
ments thereof, in the total amounts as follows, was submitted to the City Council at
this time: General Departments, k12,755.20; Civil Defense Department, $433.53;
Police Department, $2,737.88; Fire Department, $898.63; Street Department,
$3,290.44; Health Department, 880.92; First Aid Department, $96.54; Recreatio
Department, $773.37; Park Department, 2,156.66; Golf Course Department,
$1,704.08; Social Service Department, 20.21; Parking Meter Fund, $23.51; Pound
Department, $51.73; Store Department, 41,327.49; Civil Service Department,
34.05; Traffic Safety Fund, $4,071.75; Gas Tax No. 1 Fund, $77.12; Special
Gas Tax Street Improvement Fund, $86.59; Street Lighting Construction District
No. 1 (1952), $2,671.75; 1951 Bond Issue Sewer Fund, $80.37; Engineering
Department Deposit Fund, $191.58.
Councilman Sweeney moved the bills as itemized in the List of Claims filed with the
City Clerk on August 19, 1952, and presented to the Council at this meeting, be
allowed and paid. The motion 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: None. Absent: None.
22. At this time, President Osborn welcomed all those in attendance at the meeting
and inquired if there were any further oral communications. There was no response.
ADJOURNMENT:
23. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, September 2, 1952,
at 8:00 o'clock.
Respectfully submitted,