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1950-03-21 Regular CC MinutesREGULAR MEETING OF TEE COUNCIL-OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MARCH 21, 1950 The meeting convened at 0:00 o'clock P. M. 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. MINUTES: 1. The minutes of the regular meeting held March 7, 1950, were approved as transcribed. WRITTEN COMMUNICATIONS: V 2. From John F. Ward, requesting to lease a portion of certain City-owned land - some 200 lineal feet running along the easterly line of Main Street, north of Pacific Avenue, with the privilege of preparing said property for parking purposes. Councilman Osborn moved the City Manager be requested to make a study of this mat- ter, enter into negotiations with Mr. Ward and make a report back to the Council. The motion was seconded by Councilman Sweeney and unanimously carried. Following the motion on this communication, Mr. Ward addressed the Council on the matter of the sewer easement which the City holds from the Southern Pacific Com- pany over certain property owned by Mr. Ward in the west end, and upon which he contemplates the construction of a super market. Mr. Ward stated this matter had been referred to the City Attorney at a previous meeting and is now at a point where nothing can be done in the way of getting a building permit until some action is taken toward the abandonment of the sewer easement. Mr. Ward said he had conferred with the City Attorney and City Manager and that an agreement had been reached in the matter of an alternate easement, but nothing had been done with the Southern Pacific Company and this is necessary be- fore any progress can be made. President Branscheid stated the City is willing to abandon the old easement when a new one has been secured from the Southern Pacific Company. Mr. Ward stated he had discussed this matter with Mr. Whitney and Mr. Froerer and they had told him that the City would not ask the Southern Pacific Company to can- cel the old easement, but pointed out that if Ir. Ward would ask the Southern Pa- cific Company to cancel the old easement and give the City the proper notices, that would be the end of the matter. After some further discussion on the subject, President Branscheid stated the City will write the letter to the Southern Pacific Company, asking for a new easement in place of the one to be abandoned. Mr. Ward agreed this would be satisfactory. Thereupon Councilman Jones moved the City Manager be instructed to write to the Southern Pacific Company for an adjustment of the present sewer easement. The motion was seconded by Councilman Sweeney and unanimously carried. 3' From the Alameda Boys' Club, Inc., requesting the City to take immediate steps to acquire a lease from the United States Government covering an area approximately 120 x 120 feet on the southwesterly side of the Maritime School property as the site for a proposed clubhouse. Councilman Sweeney moved the City Manager be requested to investigate the matter to ascertain if a lease along the lines outlined in this letter can be obtained. The motion was seconded by Councilman Anderson and unanimously carried. v' 4. From the West Alameda Association, protesting the expenditure by the City of the ?L1,500. appropriation for the Flag Day celebration because of the anticipated budget deficit for the ensuing fiscal year. Councilman Jones stated that on Monday evening of this week, at the Flag Day Com- mittee meeting, this matter came up for discussion and it was the unanimous consen- sus of the group that the Committee should continue with its plans for this obser- vance. He stated that for many years the City has sponsored this Day and it has become one of the outstanding civic events of the year. It was the feeling of the group, he stated, that anything which has to do with the building up of the patri- otic spirit of the people should not be discontinued. Councilman Jones stated he agreed that, while expenditures must be watched very closely, there are many things being done in the City which cannot be curtailed simply as a matter of economy. He suggested the City Clerk acknowledge this letter, telling the Association the decision of the Flag Day Committee to the effect that this is not a proper economy to endeavor to effect. Councilman Jones thereupon moved such a letter be written. The motion was seconded by Councilman Osborn and unanimously carried. Councilman Sweeney stated he wished to point out that Mr. Yeager, President of this organization, had informed the Flag Day Committee this letter was written purely from the standpoint of effecting economy and not with a view to curtail- ing patriotic services. OPENING OF BIDS: 5. One bid was presented and read from Garland Chevrolet Company for furnishing one new, 1950 model, Two-door Sedan for the Purchasing Department, in accordance with Specifications No. MS 3-50-5, at the total bid price of 1,164.89. The bid was accompanied by a certified check in the amount of ,,7116.49. The bid was referred to the City Manager for study and recommendation. REPORTS OF COMMITTEES: 6. From the City Manager, reporting on his investigation of the parking meter advertising situation. Councilman Osborn stated that in view of the report filed by the City Manager, citing the opposition of the Chamber of Commerce, and because of his understand- ing that the advertising is of a local nature and likely to cause some difficulty among the merchants, he would move the application from the Meter-Ad Corporation of America be filed without further consideration. The motion was seconded by Councilman Jones and unanimously carried. 7:7 From the City Tianager, requesting permission for himself, the Chief Designing Engineer and the Office Engineer to attend the Western Public Works Congress of the American Public Works Association, to be held in Oakland, April 2, 3 and 4, 1950, and recommending the appropriation of 045. for their expenses. Councilman Anderson moved the City Manager's request be granted and his recommenda- tion for the sum of 045. be approved. The motion 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. In connection with the foregoing report, and at the suggestion of Councilman Sweeney Councilman Jones moved the City Manager be authorized to absent himself from the Council meeting to be held April 4. The motion was seconded by Councilman Sweeney and unanimously carried. From the Executive Committee of the Citizens' Advisory Committee, recommending that the City duly enact as speedily as possible a Sales and Use Tax Ordinance, following the model as submitted by the League of California Cities. President Branscheid ordered the recommendation filed, and stated that the Council is prepared to act rapidly on the suggestion made, with the anticipation of having the ordinance enacted and the tax in effective operation by May 1. He stated that an ordinance would be introduced at this meeting and it would lay over until March 29, for an adjourned regular meeting, at which time it will be further discussed among the Council and with interested parties. If found acceptable, it will be passed at that time. Councilman Jones said he felt it would be proper to define the attitude of the Council in enacting an ordinance of this type, pointing out that such an ordinance would more or less equalize the distribution of the cost of government and elimi- nate the possibility of further or increased taxes on real property. Councilman Sweeney stated he would like to ask that the City Manager tell the Coun- cil what cities around the Bay have the sales tax in effect at the present time. In response, Er. Froerer stated that the only cities which do not have the sales tax are Piedmont, Emeryville and Hayward. Yr. Frank Gottstein addressed the Council on this matter, stating that he was very sorry to see the sales tax inaugurated in Alameda on the same basis as that upon which it has been going in Oakland, pointing out that the tax on small sales and the consequent dealing with pennies is very complicated and confusing. Councilman Osborn observed that he felt the tax on small sales is a matter not to be controlled by the Council, as it is a law established by the State. He pointed out that in collecting a local sales tax, the City would use the State reports and collect the local tax on the basis of those reports. INTRODUCTION OF ORDINANCES: 9. 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 Municipal Code by Adding to Part I, Title III Thereof a New Chapter and Article to be Known as Chapter 10, Article 1, Relating to and Imposing a Sales Tax for the Privilege of Selling Tangible Personal Property at Retail in the City of Alameda, Pro- viding for Permits to Retailers, Providing for the Collection and Payment of Such Tax and Declaring a Violation Thereof to be a Misdemeanor. fl RESOLUTIONS: 10. The following resolution was introduced by Councilman Osborn, who moved it adoption: "Resolution No. 4143 Memorializing the Navy Department of the United States of America in the Matter of Releasing Certain Real Property in the City of Alameda from the Terms of the National Security Clause." 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. Councilman Jones asked that this matter be explained by the City Manager, which was done. Councilman Anderson commented that the Federal Government has quite a bit of land in the City of Alameda set aside for its use; that the City is contributing a great deal and should be entitled to have some industrial land come back on its tax roll. 11. The following resolution was introduced'by Councilman Anderson, who moved its adoption: "Resolution No. 4144 Authorizing the Execution of an Agreement with the Secretary of the Army of the United States Granting to the City of Alameda an Easement for A Road or Street at the Pacific Overseas Ship- ping Depot Military Reservation." 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. 12. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4145 Adopting Specifications for Furnishing One (1) New 1950 3/4-Ton Walk-In Type Van for Street Painting Crew to the City of Alameda for the Police Department, Calling for Bids and Direct- ing the City Clerk to Advertise Same." 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. 13. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4146 Adopting Specifications for Furnishing 1500 Feet of 2i-Inch, and 500 Feet of 1-Inch Double Cotton t Jacket Rubber Tubed Fire Hose to the City of Ala- meda for the Fire Department; Calling for Bids and Directing the City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: rone. Thereupon the President declared said resolution duly adopted and passed. 14. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 4147 Memorializing the Federal Government in the Matter of the Immediate Construction of a Vehicular Bridge to Replace the Fruitvale Avenue Bridge Connecting the Cities of Oakland and Alameda." 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. In connection with this resolution, Councilman Jones noted the fine cooperation of the City of Oakland and the County of Alameda in the matter of the City's endeavor to obtain a new bridge. He stated that, in his opinion, it was a very fine thing that all these governmental units are working together so harmoniously on a matter of such vital import to the City. 15. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 4148 Authorizing the Execution of an Agreement Between the State of California, the Board of Supervisors of the County of Alameda and the City Council of the City of Alameda, for the Purchase of the State's Title to Certain Tax Deeded Property Required by the State for its Proposed Highway Improvement on the Approach to the Bay Farm Island Bridge." 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. ORDINANCES FOR PASSAGE: 16. "Ordinance No. 994, New Series An Ordinance Amending the Alameda lainicipal Code by Adding Subdivision (28) to Section 17-432, Relating to Stop Intersections." Councilman Anderson moved the ordinance be adopted as read. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Coun- cilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. FILING: 17. Specifications - No. MS 3-50-4 - Van for Street Painting Crew - Police Department. 18. Specifications - No. MS 3-50-6 - Hose for Fire Department. BILLS: 19. 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 time: General Departmenb, 09,222.993 Police Department, 36,930.17; Fire Department, 3721.34; Street Department, Q6,083.20; Health Department, Q2,126.72; First Aid Department, 335.33; Park Department, 31,645.30; Recreation Department, 3394.55; Golf Course Department, 34,668.51; Store Department, 791.22; Social Service Department, 325.53; Civil Service Department, Q17.00; Pound Department, 347.14; Traffic Safety Fund, 311.61; Gas Tax No. 1 Fund, Q74.79; Gas Tax No. 2 Fund, 37,114.59; East Bay Municipal Utility District Fund, 02,006.83; Library Remodeling Fund, p1,290.94; McKinley Park Restoration Fund, 3927.40. Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on March 21, 1950, and submitted 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, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 20. Prior to adjournment, Councilman Sweeney spoke of the Service Pin Award Ceremony recently held, observing that, in his opinion, it was one of the finest ceremonies of this kind ever held in this City. He stated he felt the committee and the employees are to be congratulated on the manner in which the service was conducted. He also complimented Vice-Mayor Jones on his very fine talk of the evening. 3 Councilman Osborn stated he felt Councilmen Sweeney and Jones, with their wives, were to be complimented on the fine entertainment they offered the gathering in the field of folk dancing. ADJOURNIJENT: 21. There being no further business to come before the meeting, Councilman Anderson moved the Council adjourn, to assemble in an adjourned regular session on Wednesday evening, Larch 29, 1950, at 7:30 o'clock. The motion was seconded by Councilman Osborn and unanimously carried.