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1950-04-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALA�DA HELD TUESDAY EVENING, APRIL 4, 1950 The meeting convened at 8:00 o'clock P. V. with ?resident Branscheid. presidi. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn Sweeney and Presi- dent Branscheid, (5), were noted present. Absent: :one. MINUTES: 1. The minutes of the adjourned regular meeting held March 29, 1950, were approved as transcribed. ORAL COMMUNICATIONS: 2. Mr, J. Paul Lrutleben, 1917 Stanford Street, appeared before the Council to register his objection to the continuance of The Learner Company plant without proper fences. Mr. Gutleben read some correspondence beteen himself and Mr. Rogers, Building Inspector, and also copies of letters from the City Attorney to 7r. Rogers on this matter, and contended that according to the ordinance, The Learner Company should be required to ilainLain the proper fences. 7r. Gutloben became rather acrimonious in his remarks and was twice asked by member of the Council to desist from that line of argument and upon failing to do so, was finally requested by the President of the Council to resume his seat. HEARINGS: 3. President Eranscheld noted the presence of -r. Glenn C. Richardson in the Chamber, and LTr. Richardson invited questions concerning hir.self and the company, as well as the proposed operations. President Branscheid asked for a brief history of the Congress Construction Cor- poration. Tr. Richardson stated this company is a subsidiary of the P. C. O'Dris- call Company, with headquarters in New York City, and that this company has engaged in construction work all over the world. He presented a financial statement showing a credit in the amount of - f 200,000. Councilman Anderson inquired as to whether or not requirements of the City Crdinance have been met, and was assured they have been. Councilman Jones inquired if rr. Richardson was familier with the restrictions which might be imposed upon the property by the sollthshore freeway, as shown upon the Master Plan of the Shoreline Development. Ur. Richardson replied that he was taking the raster Flan into consideration and allowing even more room than the Plan called for. Councilman Anderson asked also if the proposed fill would take care of the drainage of the Property. Mr. Brunner of the Engineering Department informed Mtn this would be taken care of later on in the development of the plan. He pointed out that the height limitation on the fill is to provide against flooding by waters of the Bay. Councilman Jones stated it appeared to hin that the applicant has fulfilled the re- quirements preliminary to the granting of a permit and moved this permit be granted, subject to all the conditions of the Municipal Code pertaining to this matter. The motion was seconded by Councilman Osborn and unanimously carried. ,PENING 07 BIDS: Bids were submitted and read for furnishing one new, 4-Ton, 7ialk-In Type Van for the street painters of the ?olice Department, in accordance with Specifications and Provisions therefor, No. MS 3-50-4, as follows: From Jac': Erwin Motors - - - - - - - - - Accompanied by certified check in amount of From Cochran Celli — - 2,222.00 - 350.00 Accompanied by certified check in amount of 2,331.48 233.15 The bids were referred to the City ranager for study and recommendation. 5. With regard to the matter of furnishing hose to the Fire Department in accord- ance with Specifications and Provisions therefor, No. NS 3-50-6, Councilman Jones moved the opening of the bids be deferred to the next meeting. The motion was seconded by Councilman Osborn and unanimously carried. REPORTS OF COMMITTEES: 6. 7ror the City Manager, concerning the request from John F. Ward to lease cer- tain City property along the east line of rain Street. This letter was accompanied by one from Er. Ward, setting forth his proposal for a ten-year lease at rental of 50.00 per year, with the lessee payi , for all improvement- and other conditions to be agreed upon. Councilman Sweeney moved this matter be laid over for study by the Committee of the Whole. The motion was seconded by Councilman Osborn and unanimously carried. 7. From the City Eanager, recommending contract be awarded to Garland Chevrolet Company for furn'shing one new 1950, Two-Door Sedan to the Purchasing Department at the total cash balance price of :1,164.89. Councilman Jones stated there was a division of opinicn among the members of the Council as to the advisability of purchasing this new car, and that although a report has been submitted by the City —arager, with recommendations, there are cer- tain questions the Council would like to ask him prior to :raking a commitment in this matter. He thereupon moved that consideration of this recommendation be de- ferred until the next meeting. The motion was seconded by Councilman Sweeney and unanimously carried. p 7rom the City Eanager, recommending that FcGuire and Hester be granted a thirty day extension of time to May 15, 1950, for completion of their work in connection with the installation of the Storm Water Disposal System, north of the northeast corner of Stokely Foods. Councilman Anderson moved the recommendation of the City Manager be approved and the snecified extension of time as requested by the contractors be granted. The motion was seconded by Councilman Osborn and unanimously carried. , 9. From the City Manager, recommending that Sgt. Dowen. and inspector Tulloh of the Police Department be authorized to attend the Ninth Annual Institute of the Califor- nia Technical Institute of Peace Officers' Training, to be held at Santa Rita from April 17, through April 29, 1950, and the sum of ';'30. be appropriated for their expenses. Councilman Anderson moved the City L:arager's recommendation be adopted; that the designated officers be authorized to attend this training course as stinulatod, and a sun not to exceed :30. be allowed fcr this purpose. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Council- men Anderson, dories, Osborn, Sweeney and President T>ansche'd, (5). roes: Yone. Absent: None. 10. 7rom Chief Lane of the Fire Department, announcing the award of an Honor Cer- tificate to the Alameda Department in the Inter-Chamber National Fire Waste Contest. Councilman Osborn stated this was a very fine thing and is, of course, a further certification to everybody that Alameda has a Fire Department second to none. He suggested it would be entirely proper that the Council go on record as complimenting the Fire Department for receiving this award. President Branschold observed that it was very gratifying to have a City Depantrnent thus honored and then ordered the communication filed. RESOLUTIONS: 11. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution Ho. 4150 Adopting Specifications and Provisions for Furnishing Parking Meters (Manual) to the City of Alameda for the Fiscal Year Ending June 30, 1950, Calling for Bids and Directing the City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes : Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (3). Noes: None. Absent: Hone. Thereupon President 7ranscheld declared said resolution duly adopted and passed. 12. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 4151 Creating a Fund to be Known as 'Engineering Department Deposit Fund'." 371 Councilman Sweeney asked the City Attorney to explain this matter and Mr. Whitney stated this fund is being created in the Auditor's Cffice for the purpose of tak- ing care of moneys collected by the City Engineer's Office, which is currently being carried by that office without any deposit being made in the City Treasury. He stated the creation of this fund will bring about a regularity in the handling of City funds and is therefore a desirable move. 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. ORDINANCES FOR PASSAGE: 13. "Ordinance No. 996, New Series An Ordinance Amending the Alameda Municipal Code by Adding to Part I, Title 111, Chapter 10 Thereof, A New Article to be Known as Article 2, Relating to and Imposing an Excise Tax on the Use or Other Con- sumption in the City of Alameda of Tangible Personal Property Purchased on or After the Effective Date Hereof for Use or Other Consumption in the City of Alameda." Councilman Osborn moved the ordinance be adopted as read. The motion was seconded by Councilman Jones. Councilman Anderson stated it was his understanding of the excise tax that the State has it and all surrounding communities have enacted similar ordinances. He stated that from his point of view, the situation is that if a citizen of Alameda makes a purchase outside the City and has the merchandise delivered in Alameda by a common carrier, he pays the sales tax in the community in which he makes the purchase, but pays no excise tax, and If this excise tax ordinance is passed, he will be guilty of an illegal act if he fails to pay the City of Alameda the excise tax due on the purchase. On the other hand, it was his understanding that this is the only type of legislation which will permit the collection of an excise tax on the sale of drinks across the City bars and that possibly a reasonably anticipated tax revenue from that source would amount to around :)10,000. per year. He remarked that while this tax puts all law-abiding citizens under obligation to discharge their respon- sibility, he had found on checking the situation that the only way any sizeable amount can be raised by the City is through the adoption of this ordinance together with other like measures. Councilman Sweeney stated the only disturbing factor in this situation, far as he is concerned, is the question of enforcing the ordinance. He stated that pri- marily, enforcement would depend entirely upon the honesty of the purchaser in paying the use tax, but stated he would feel that, in view of the need for revenue, it would be necessary to enact the ordinance. Councilman Osborn stated it was his opinion that if a City is to have a sales tax ordinance without a use tax ordinance to accompany it, it would be, to a degree, working a hardship upon the merchants of the City owing to the fact that the sur- rounding communities do have a use tax in effect and people could go outside the City of Alameda, make their purchases and have the merchandise delivered to their homes without paying the use tax to the City in which they nade the purchase or to the City of Alameda. He was of the opinion, therefore, that one most impor- tant consi'deration is that the passage of these ordinances will afford our local merchants some measure of protection. Councilman Jones said he felt the whole matter of taxes should be made very clear to all the people of the City and one of 17r. Johannes leaflets should deal exclu- sively with this subject. Thereupon Councilman Sweeney called for the question and upon roll call the motion carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). roes: None. Absent: None. FILING: 14. Auditor's Balance Sheet - Month ending March 31, 1950. 15. Specifications - No. MS 4-50-7 - For furnishing Parking Meters during remainder of the fiscal year, ending June 30, 1950. BILLS: 16. An itemized List of Claims against the City of Alameda and some of the Departments thereof, in the total amounts, was presented to the City Council at this time, as follows: Genera] Departments, Y-,_74.06. Library Remodeling Fund, 350.; Northside Storm Water Disposal System Fund, ,1 073.20. 373 Councilman Jones moved the bills as itemized in the List of Claims filed with the City Clerk on April 4, 1950, and presented to the Council at this time, be allowed and paid. The motion was seconded by CounciLan Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, 0-born, Sweeney and 2rosident Dranscheld, (5). :Too : one. Absent: :one. DJCURNME7L: 17. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday evening, April 19, 1950, at 8:00 o'clock. Application was presented from. the Congress Construction Corporation for a Permit to fill certain property by dredging - being roughly described as lying south of Central Avenue, between T}iird and Fourth Streets.