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1952-10-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD. TUESDAYEVENING, OCTOBER. 21, ------- 192 The meeting convened at 8:00 o'clock P. M. with President Osborn presiding. ROLL CALL: The roll was called and. Councilmen Anderson, Branscheid, Jones and President Osborn, (4), were noted present. Absent: Councilman Sweeney, (1). MINUTES: 1. The minutes of the regular meeting held October 7, 1952 were approved as transcribed. WRITTEN COMMUNICATION': 2./ From the Alameda Chamber of Commerce, stating its Board of Directors was on record as approving the recommendation of its Civic Affairs Committee to reduce the estimated expenditures of several items in connection with Washington Park recreation facilities and improvements - making the over-all cost of the project 461,142. instead of '79,834. Councilman Anderson moved the communication be referred to the Recreation Commission for its consideration. The motion was seconded by Councilman Branscheid and unani- mously carried. President Osborn stated the Recreation Commission was just recently appointed to act in matters of just this nature and to give the study necessary to come forth with a recommendation. He felt this was very fine action on the part of the Council to give the Commission the opportunity to study this situation. 3. From R. W. Blouin, Commander, United States Coast Guard, commending the personnel of the Alameda Fire Department for their wholehearted support and cooperation in connection with the pilot of the helicopter who participated in the recent demonstra- tion as a climax to National Fire Prevention Week. President Osborn stated the Council is most happy to receive this letter which carried the usual praise earned by the Alameda Fire Department. Councilman Branscheid stated he felt the City of Alameda should compliment the United States Coast Guard and acknowledge its very fine work in this demonstration. He stated its part was really a marvelous display and the whole show was very much worth seeing. President Osborn asked Councilman Branscheid if he would write the letter of commenda- tion to the Coast Guard and Councilman Branscheid answeredthat no doubt a letter had already been sent but he would be glad to check on the matter. 4. V/From Victor G. Flashman, requesting the Council to approve the Final Map of Tract No. 1155, subject to the delivery of a Performance Bond and the signing of a contract for the improvements. City Attorney Clark explained that the action to be taken by the Council is not the approval of the Final Map, but to fix the amount of the legal bond in connection with the development of this Tract. The matter was then referred to "Resolutions." ORAL COMMUNICATIONS: 5. /Mrs. Charles Moresi addressed the Council with regard to the recommendation of the Civic Affairs Committee concerning Washington Park. She asked if the matter were referred to the Recreation Commission for its study and recommendation - would it come back to the Council for discussion at an open meeting. She wondered about the extent of the Commission's authority and also where the money would come from for this project. President Osborn assured her that any action taken on this matter would be at an open Council meeting. He stated that he could not give a definite answer concerning the funds, but suggested it might be through a bond issue. REPORTS OF COMMITTEES: • 6. / From the City Manager, requesting that Lt. Waldo Williams, Auxiliary Fire Coordinator of Civil Defense Department, be permitted to attend the Wartime Basic Fire Defense Course, to be held at St. Mary's College, from October 27, through the 31st, 1952 - and *30. be appropriated for this purpose. Councilman Branscheid moved the City Manager's request be granted and Lt. Williams be permitted to attend the designated course and '30. be appropriated to defray his expenses. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). 20 7. •/ From the City Manager, recommending contract be awarded to Ed Deemer Buick, Inc., the low bidder, for furnishing one new, latest model, four-door sedan, equipped with Dynaflow, for the total sum of ($2,870.28. Councilman Jones moved the City Manager's recommendation be adopted; that contract be awarded to the specified firm to furnish this automobile at the price quoted and the bid check be returned to the unsuccessful bidder. The motion was seconded by Council- man Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). 807 From the City Manager, recommending the work be accepted in connection with the construction of Unit II, Bond Issue Sewers, as it has been completed to the satis- faction of the Engineering Department and that Notice of Completion be ordered filed. Councilman Anderson moved the City Manager's recommendation be followed; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Jones and unanimously carried. 9. / From the Civil Service Board, recommending that Section 2 of Ordinance No. 642, New Series, be amended to exempt all part-time positions from Civil Service - it being the consensus of the Board that this would be beneficial, especially to the Recreation Department under its new program. President Osborn stated an ordinance has been prepared covering this proposed amend- ment and, therefore, the matter would be referred to "Introduction of Ordinances". 10. From the City Manager, recommending that the Decker Construction Company be granted a 23-day extension of time in which to complete its work on the Remodeling and Painting of the Police Department, City Hall. Councilman Anderson moved the City Manager's recommendation be adopted; that the specified company be granted the 23-day extension of time in which to complete its work on this project. The motion was seconded by Councilman Branscheid and unani- mously carried. 11.i From the City Manager, recommending that Stolte, Inc. be granted a 30-day extension of time in which to complete its work on the construction of Unit III, Bond Issue Sewers. Councilman Branscheid moved the City Manager's recommendation be accepted; that Stolte, Inc. be allowed the 30-day extension of time in which to complete its work on the specified project. The motion was seconded by Councilman Jones and unani- mously carried. INTRODUCTION OF ORDINANCES: At this time, Mr. Stanley D. Whitney, Attorney, stated that he noted there was listed on the agenda an ordinance for introduction which proposes to amend Section 13-1949 of the existing license ordinance. "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Repealing Section 3 and Amending Section 13-1949 of Chapter 1, Title XIII, Relating to Business Licenses and Business Fees." He stated it was his understanding that Mr. Claude Brandon and he were to have a conference with the Council on this subject, after tonight's meeting. President Osborn stated this was correct, but the ordinance could be amended later if it was found necessary. Mr. Whitney stated it is difficult to change Council legislation after it is enacted. President Osborn reiterated that if, after a discussion of the facts, it is found necessary to amend that section pertaining to vending machines, it can be done. He pointed out this action is being taken tonight because of the time element involved in keeping the license ordinance effective. Councilman Anderson stated that the Council had had a request from Mr. Whitney, representing Mr. Brandon, asking for a hearing at which to present his client's case. The Council had assured Mr. Whitney that he would be entitled to speak on this ordinance. He pointed out it is true that this is an emergency ordinance and because of the time element, it should be acted upon tonight. He stated the Council was not entirely at fault. The matter had been referred to the Chamber of Commerce and after considerable delay, an answer had finally been received. He said that as long as the Council is caught in a situation where it is desirable to act tonight to have the ordinance remain in force, he would suggest that the matter be opened up for discussion now. 281 Mr. Whitney suggested it would be better to wait until later in the meeting to discuss the situation in detail, especially in view of the fact that he had to confer with his client concerning the matter. City Attorney Clark stated this becomes a matter of discretion on the part of the Council - as far as taking action is concerned, because there is no reason why any ordinance cannot be changed. President Osborn asked the pleasure of the Council with regard to deferring this matter. Councilman Jones stated that an important matter such as the business license ordi- nance should be the subject of an open hearing. He said he felt Mr. Whitney should have the opportunity at this meeting to present his case and if it contains proper merit, consideration can be given to taking the necessary action. Councilman Jones thereupon moved that action be deferred until completion of the remainder of the agenda. The motion was seconded by Councilman Braascheid and unanimously carried. 13. Councilman Branscheid introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Vacating a Certain Pole Line Easement And Authorizing the Execution of a Quitclaim Deed to Roger Leidy and Dorothy V. Leidy." 14. Councilman Jones introduced the following ordinance, after which it was laid over under provision of law and the charter: "Ordinance No. New Series An Ordinance Amending Ordirance.No. 642, New Series By Adding Subdivision (i) to Section 2 Thereof, Pertaining to Civil Service." RESOLUTIONS: 15. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4670 Authorizing the Execution of Contract with the State of California for Federal Allocations to ,Local Public Health Agencies for Fiscal Year July 1,, 1952 June 30, 1953, (4,093.0o)" The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). There- upon the President declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4671 Transferring 220.28 from Expense Account No. 70-b to Capital Account No. 132-b (Automobile)." The motion to adopt said resolution was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones and President Osborn, (4). Noes: None, Absent: Councilman Sweeney, (1). There- upon the President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman Branscheid, who moved its adoption: ttResolution No, 4672 In Memoriam to Dr. George H. Barry ( WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its former employees, DR. GEORGE H. BARRY, who had been employed as the Food and Milk Inspector of the Health Department, from the period beginning December 1, 1936, until his resignation on July 16, 1946. 'NOW, THEREFORE, BE IT RESOLVED, that, in recognition of Dr. Barry's efficiency in the performance of his duties and his spirit of friendliness and cooperation with all whom he associated, the Council of the City of Alameda hereby expresses its sense of personal loss and its sincere gratitude for the faithful service rendered by Dr. Barry. 'BE IT FURTHER RESOLVED, that this Resolution be spread in full upon the minutes of this meeting, and that a copy thereof be transmitted to the family of Dr. Barry, that it may extend to its members a sincere expression of sympathy and condolence; 'BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of DR. GEORGE H. BARRY." 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 and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). There- upon the President declared said resolution duly adopted and passed. 18. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4673 Authorizing Execution of Agreement with Victor Flashman in the Matter of Completion of Improvements In Subdivision Known as Tract No. 1155." (On Bay Farm Island) 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 and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). There- upon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 19. "Ordinance No. 1068, New Series An Ordinance Authorizing the Execution of a Lease of Certain Real Property to,Clarence Garrity, and Approving the Terms of Said Lease." Councilman Anderson moved the ordinance be adopted as read. The motion was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). 20. "Ordinance No. 1069, New Series An Ordinance Authorizing the Execution of a Lease of Certain Real Property to Harbor Tug and Barge Company, a Corporation, and Approving the Form and Terms of Said Lease." Councilman Branscheid moved the ordinance be adopted as read. The motion was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Council- men Anderson, Branscheid, Jones and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). 21. "Ordinance No. 1070 New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 7 -1131 of Article 1, Chapter 1, Title VII Thereof." (Re Taxicabs from Other Municipalities) Councilman Anderson moved the ordinance be adopted as read. The motion was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). 22. At this point, President Osborn stated the meeting would now be referred back to "Introduction. of Ordinances". 283 Mr. Whitney proceeded to present his case on behalf of Mr. Claude Brandon of Barron-Brandon Company. He referred to Section 13-1949 of the business license ordinance, and stated this section now provides for a 7;5.00 tax on each machine in the City. He said Mr. Brandon believes this tax is unfair and the machines should be licensed on the basis of gross receipts or manpower, whichever is the greater. He pointed out that this proposed amendment provides for a $6.00 fee on the first machine and i1.00 for each additional one. He stated that Mr. Brandon now has 25 machines in the City on which he had paid 125. during the last year and there should be no discrimination against this type of business just because he operates by the method of vending machines. He pointed out that everyone of the machines is located in a place of business. The owner of the business collects a percentage of the gross receipts just for having the machine there. He felt there was no reason for a higher tax on cigarette machines; no police regulations are required; the machines are not a nuisance or are they in anybody's way and this is a large and growing business. He stated he thought a fair tax would be to adopt the method used in Oakland, Berkeley, Richmon, San Leandro and other cities. He said Alameda stands alone on setting a straight tax per machine. He said the tax as set up in other cities should be adopted by Alameda, suggesting it be based on gross sales or manpower. Upon Councilman Jones' request, the City Attorney explained the background of the situation. He stated the information concerning the operation of the Brandon Cigarette, and all other vending machine business, was compiled through the City Manager's office. From the time the amendment of this ordinance was first under consideration it was decided the matter would be submitted and the Chamber of Commerce would be consulted. The ordinance originally had been passed with the consent and agreement of the Chamber of Commerce, including the merchants. He stated that when the present amendment was under consideration it was felt proper that the Chamber of Commerce and merchants should be consulted in the matter. Preparatory to taking action, a meeting was arranged at which the City Manager and City Attorney represented the City, the Directors of the Chamber and Mr. Whitney were present. There had been a lengthy and thorough discussion of the whole situation. He said that, at that time, Mr. Whitney was not in agreement with the conclusions arrived at that some change should be made in the vending machine tax or license. He pointed out that Mr. Whitney proposed to recommend the very thing he did tonight - that the tax should be based on gross sales. He said the matter was then directed to the Chamber of Commerce for study and recommendation to the Council. He said the changes embodied in the proposed amendment to the ordinance are those which the Chamber Directors have recommended. He stated he could see some merit to Mr. Whitney's argument if you compared this cigarette vending business with any other business in the City. He stated, however, that inasmuch as the matter was submitted to the Chamber and the City had more or less agreed to go along with the recommendations it made - 36.00 and 11.00 to be a fair tax - he said he was not persuaded that the tax as proposed should be altered. He pointed out this is entirely a matter for the Council to determine. In view of the reduction which will be made in Mr. Brandon's business license fee, Mr. Clark said he thought it is a fair proposal. Mr. Whitney agreed he was present at the meeting mentioned - but stated he had, in effect, injected himself because he had not received a formal notice but had merely heard about it from a friend. City Manager Froerer stated he wanted to clarify this statement - he said he had checked with the Chamber at that time to ascertain if Mr. Whitney had been notified and was to be present and had understood that he was. Mr. Whitney continued by stating that this short space of time had not given him time to prepare a case with regard to vending machines. He felt that no member of that committee of Board of Directors had any idea what profit was being made. He pointed out it was not their responsibility to enact a fair and equitable ordinance - the Council is not bound by their findings - it is merely a recommending body. Councilman Jones stated there was never, at any time, any understanding that the Council would have to follow the Chamber's recommendations and he wanted the record to show that the Council wpuld never agree in advance to a course of action on any given situation. President Osborn stated it was merely the Council's thought and desire to ask the cooperation of the Chamber of Commerce and the merchants to help arrive at a decision which would be fair and equitable in deriving revenue for the City of Alameda. Mr. Whitney suggested the Council adopt the recommendation contained in the report on this subject compiled in 1950 whereby vending machines would be licensed on the basis of one mill on each one dollar of gross receipts. Councilman Anderson moved the ordinance under disussion fr introduction be corrected to make the amendment read one mill on each one dollar of gross receipts. There was no second. Mr. Brandon remarked that the City of Los Angeles license fee is fixed at one mill per one dollar gross sales basis. Councilman Jones stated he felt the same principle is probably involved in the situation concerning the penny vending machines. Councilman Anderson pointed out the existing ordinance has been in effect about ten. years and there has been no protest on the license fees - except just during the last two years when the Council has heard objections on the cigarette vending machines only. Councilman Jones stated he wanted to help out the penny vending machines and he felt that if an adjustment is contemplated, he wanted them to be included. At this point, Councilman Branscheid moved that Section 13-1949, Subdivisions (a), (b) and (c) of the proposed ordinance be rewritten to place the license fee on a gross receipts basis of two mills per each one dollar. There was no second. After some further discussion, Councilman Jones stated he would be willing to second the motion setting the license fee for vending machines at one mill per each one dollar of gross receipts provided it applies to all vending machines subject to license. To clarify the situation, City Attorney Clark read from the report of 1950, previously referred to, that every person conducting the business of selling goods, wares or merchandise by means of vending machines --- shall pay an annual license tax equal to one mill of each dollar of gross receipts resulting from the operation of such business. President Osborn stated the wording as set forth in this report of 1950 could be sub- stituted for the wording presently in the proposed ordinance under Section 13-1949, Subdivisions (a), (b) and (c), as discussed. Councilman Anderson made a motion to this effect, which was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilman Anderson, Jones and President Osborn, (3). Noes: Councilman Branscheid, (1). Absent: Councilman Sweeney, (1). Mr. Clark explained this vote was on the changing of the provisions of Section 13-1949 of the proposed ordinance and now a vote would have to be taken on the adoption of the ordinance. He reminded the Council that a four-fifths vote is necessary in the case of an ordinance adopted as an emergency measure. Councilman Jones moved the following ordinance be introduced and adopted as an emergency measure. "Ordinance No. 1071, New Series An Ordinance Amending the Alameda Municipal Code by Repealing Section 3 and Amending Section 13-1949 of Chapter 1, Title XIII, Relating to Business Licenses and Business License Fees." The motion to adopt said ordinance was seconded by Councilman Anderson and the following roll call vote was recorded: Ayes: Councilmen Anderson, Jones and Presi- dent Osborn, (3). Noes: Councilman Branscheid, (1). Absent: Councilman Sweeney, (1). Councilman Jones stated he felt that one mill on each dollar of gross receipts was appropriate and a proper levy. He stated that in this instance the change of the rate has a relatively minor part in the whole business license structure. He said he hoped further consideration would allow the passage of this ordinance in the best interests of the City and in order that the business license would be able to go on. President Osborn stated he felt the proposed ordinance as originally written should not be changed without the full accord of the Council. He pointed out the Council had decided to have this discussion before the introduction of the ordinance and this had been done. He said that after hearing the statements of Mr. Whitney and Mr. Brandon, he felt the business was one of a very definitely limited amount of profit. He stated the Council does not want to work a hardship on any particular business and he felt that the imposition of a greater tax than one mill on each one dollar of gross sales would be, to some degree, exercising a hardship on that business. He emphasized that it is necessary to pass the ordinance this evening. He thereupon inquired if Councilman Branscheid desired to express his opinion. Councilman Branscheid stated he had acted in all sincerity when he took this action. He felt the reduction in this rate of license fee was a big drop because this business was in direct competition to merchants who are paying rent. He said, how- ever, since this is an emergency ordinance he would, therefore, change his vote from "No" to "Yes". The motion to adopt this ordinance was thereupon carried by the following vote. Ayes: Councilmen Anderson, Branscheidp Jones and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). FILING: 23. Contract - Between City and State - For Federal Allocations to Local Public Health Agencies. 24. Agreement - Between City and Victor G. Flashman - Re Tract No. 1155. BILLS: 25. 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 Council at this meeting: General Departments, 11,519.98; Civil Defense Department, $1,175.28; Police Department, $3,380.22; Fire Department, $961.30; Street Department, $3,449.93; Health Department, $1,120.92; First Aid Department, $40.33; Recreation Department, $888.39; Park Department, $3,460.51; Golf Course Department, $1,137.15; Social Service Department, 143.20; Parking Meter Department, $17.14; Store Depart- ment, $1,168.19; Pound Department, $79.91; Civil Service Department, $79.43; Traffic Safety Fund, $806.01; Gas Tax No. 1 Fund, $87.84; Engineering .Department Deposit Fund, $40.00; Special Fire Alarm Cable Installation, $610.95; 1951 Bond Issue Sewer Fund, $35,665.52; Special Gas Tax Street Improvement Fund, ,3319.93; Capital Outlays Fund, $116.53. Councilman Jones moved the List of Claims filed with the City Clerk on October 21 1952, 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, Branscheid, Jones and President Osborn, (4). Noes: None. Absent: Councilman Sweeney, (1). ADJOURNMENT: 26. There being no further business to come before the meeting, the Council adjourned in respect to the memory of Dr. George H. Barry - to assemble in regular session on Wednesday evening, November 5, 1952, at 8:00 o'clock. Respectfully submitted, er .7 , A1141,141, Clr Clerk 28