1946-04-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY-EY-ENING ANRIL 16
1946
The meeting convened at 8:00 P. M. with President Branscheid presiding.
ROLL CALL:
The roll was called and. Councilmen Howe, Tones, Osborn, Sweeney and Presi-
dent Branscheid, (5), were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting of the Council held. April 2, 1946, were
approved as transcribed.
WRITTEN COMMUEICATIONS:
2. A letter from the Alameda Real Estate Board, setting forth its objections
to the proposed rezoning of portions of Bay Farm Island from the "At' One-Family
Dwelling District to the "Cr" and "H" Industrial Districts, and recommending the
City take definite steps to aid in the development of the Island for residential
purposes, was listed on the agenda for the attention of the Council.
President Branscheid stated that this letter would be read under the matter of
"Hearings."
ORAL COMMUNICATIONS:
3. Mrs. E. B. Martin of 1188 : Regent Street, appeared before the Council to
object to the license fee which she is required to pay the City as a door-to-door
sales person for Avon Cosmetics. In her case, this fee amounts to 100. per year.
She stated that she felt this licnese was unfair, discriminatory and un-American
because other merchants pay only six dollars per year and one dollar per employee
for their licenses to transact business.
She stated that she has been a taxpayer in the City of Alameda for thirty-five
years and that this license fee exacted of her takes about everything she earns
at this particular business.
President Branscheid suggested that she get in touch with the City Manager and
talk this situation over and possibly something could be done about it. Mrs.
martin stated that on two different occasions she had gone over the matter thor-
oughly with the City manager and had also spoken to the license office and that
none of them seemed to be able to do anything about the situation.
Mr. mcrillan stated that Mrs. Martin was correct in her statement and that she
appears to be about the only person in town paying this license.
Councilman Jones stated that he had expressed himself on this ordinance a number
of times and had raised objections to it on the grounds that it imposes burdens
on people such as the lady present this evening. He stated that in view of his
objections, an interpretation of the ordinance had been arrived at which relieved
the burdens imposed on a certain class of merchants and that Mrs. Martin would
fall with this category. He thereupon moved that the Council instruct the Tax
Collector that it is the Council's interpretation of the ordinance that the same
fee of six dollars per year applies in this case as in the case of the men with
the "butter and egg" routes.
In explaining this motion, Councilman Tones stated that he would move to have the
entire ordinance thrown out unless something is done to correct inequities that
exist, stating that he would not have voted for the passage of the ordinance had
he known that such situations as this were going to come up.
President Branscheid called for a second to the motion and no second being forth-
coming, Councilman Osborn moved that Mrs. Martin be requested to write a letter
to the City Council, fully setting forth the facts of her case in order that the
Council might have an opportunity to make a study of it and correct any injustice
that might be taking place. The motion was seconded by Councilman Howe and carried.
HEARINGS:
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4. The communication from the Alameda Real Estate Board, was read.
Mr. Paul C. Bouthillier, representing the Civic Affairs Committee of the Junior
Chamberof Commerce, addressed the Council in opposition. to the proposed rezoning
and after discussion of certain points in the engineers reports on this matter,
read a telegram received by him from Congressman Richard T. Welch, recommending
that no action be taken on the matter pending the results of the Army and Navy
Departments' investigation of a new Bay Bridge crossing, which might land on Bay
Farm Island. rr. Bouthillier suggested that the Council might do well to defer
action until the above mentioned time.
Mr. Tames W. Moore and Mr. Charles Beardsley of the Alameda South Shore Land
Company, and Mr. John G. Rooks of the Alameda Chamber of Commerce all addressed
the Council, urging the rezoning for the reasons heretofore presented to the Council.
yr. Rooks, going into the matter of taxes to be derived from a developed Bay Farm
Island, presented the formula by which the Chamber of Commerce had arrived at an
estimate of seven hundred thousand dollars per annum as a prospective tax revenue
from Tay Farm Island if it were industrialized as outlined by Ur. Moore.
Following Mr. Beardsleyts remarks, in the course of which he stated that he had
been trying for many years, without success, to get the City of Alameda to do
something over on Bay Farm Island, Councilman Jones stated that he wished to make
an observation or two concerning the inference made by Mr. Beardsley that the City
Council has not cooperated in the maintenance of the Bay Farm Island levee. He
pointed out that as recently as August of 1944, arrangements were made for the
building of a levee around the property now under water - with the City, State and
property owners acting jointly - and when everything was in readiness to proceed
with the plan, the Alameda Land Company made a contract of sale on the property
and was no longer interested in carrying out its part of the bargain. Councilman
Jones stated that he wished to make the record clear in this matter to show that
the Council has done everything it has been empowered to do to relieve this bad
situation.
Mr. Roger Leidy and Mr. Frank Gottstein also addressed the Council, urging the
rezoning of portions of Bay Farm Island.
Mr. John Ward, Realtor, appeared in opposition.
No others desiring to speak on the question, President Branscheid stated that the
Council should now be ready for a decision in this matter, but that if the members
felt they were not ready to finally pass on it, it would have to be laid over.
Councilman Howe moved that the matter go over until the next meeting of the Council
inasmuch as the matter has been before the Council only for two weeks and is deserv-
ing of further study. The motion was seconded by Councilman Osborn and carried.
Councilman Jones asked Mr. Moore who would be responsible for keeping the proposed
channel clear once it is dredged out. Mr. Moore responded that he could not give
a definite answer to this question but stated that in most cases, perhaps the City
Government, if it is operating the docks, would have to bear a part of the cost,
with the Federal Government taking care of the major portion of this expense and
possibly the State sharing.
Councilman Jones stated that the Council would have to know the answer to this
question before it could take any action.
yr. Beardsley offered the opinion that in no event would any part of the burden
of maintenance of the channel be imposed on the City; that this would be up to
the developer in cooperation with the Federal Government. He stated that the only
reason that the expenses of this operation are borne by the City of Oakland in its
case is because the City owns and operates the docks and wharves and is the de-
veloper.
OPENING OF BIDS:
5. No bids having been received for the furnishing of one new, Two and/or Four-
Door Sedan for the Police Department, in accordance with Specifications and Provi-
sions No. MS 4-46-3, Councilman Sweeney moved that the City Manager be authorized
to purchase this automobile in the open market. The motion was seconded by Coun-
cilman Rowe and on roll call carried by the following vote. Ayes: Councilmen
Howe, Jones, Osborn, Sweeney and President Branscheid, (5) . Noes: None. Absent:
None.
REPORTS OF COMMITTEES:
President Branscheid called on the City Manager for a report on the progress
being made with the proposed transportation survey and Mr. McMillan reported that
he had submitted to the Council the names of three engineers who, he believes, are
capable of making this type of survey and that he would leave it to the good judg-
ment of the Council as to which of the three engineers should do the work and when
it is to be started. He stated that the basic rates of pay are on a per diem
basis and that all the phases of transportation in which the transportation com-
mittee is interested will be covered by the survey.
Councilman Osborn stated that inasmuch as the report of the City Manager had been
only recently received and the Council had not yet had opportunity to give it
proper study and consideration, he would move that the matter be put over until the
Council, as a Committee of the Whole, should have opportunity to study it and make
a decision. The motion was seconded by Councilman Howe.
Councilman Jones queried as to whether or not this.matter was to come up for
decision at the next meeting of the Council or was merely being referred to the
Committee of the Whole.
Councilman Osborn stated that his motion would put the matter into the Committee
of the Whole and it would come up for action by the Council when taken out of
that Committee.
Councilman Sweeney asked when it would come out of the Committee of the Whole.
yr. FcCinnis, representing the transportation committee, said there should be a
definite time at which this matter would again be brought before the Council and
suggested that the next Council meeting would be the proper time to bring it up.
Councilman Osborn stated that with the consent of his second, he would amend his
motion to read that this matter be considered by the Committee of the Whole and
reported on at the next meeting of the Council. Councilman Howe agreed to the
amendment and President Branscheid put the motion, which was carried.
7. From the City Planning Board, recommending the reclassification of that cer-
tain property situated on the southwest corner of High Street and. Gibbons Drive,
more specifically described in the petition, from the "A" One-Family Dwelling
District to the "A-1" One-Family Dwelling District, for the purpose of constructing
a duplex thereon.
This matter was referred to "Ordinances for Introduction."
From the City Manager, recommending the transfer of 3500. from Account 70-b,
Miscellaneous General, to Account 42-h, Health Department, to meet extra expenses
incurred through the recent smallpox vaccinations handled by that department.
This matter was referred to "Resolutions."
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9. From the City Manager, recommending that contract for the reconstruction of
Encinal Avenue, between Oak and Sherman Streets, and the improvement of other
streets be awarded to the East Bay Construction Company at its bid price of
,139,448.75.
Councilman Osborn moved the recommendation of the City Manager be accepted; that
contract be awarded to the above firm for the specified project and that 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 Howe,
Jones, Osborn, Sweeney and President Branscheid, (5) . Noes: None. Absent: None.
From the City Manager, recommending that contract for the construction of a
Fire Drill Tower be awarded to Yr. Royal R. Randall at his bid price of 22,473.
Councilman Sweeney moved the recommendation of the City Manager be approved and
that contract for the erection of said Fire Drill Tower be awarded to Mr. Randall.
The motion was seconded by Councilman Howe and on roll call carried by the follow-
ing vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney and President Branscheid.
Noes: None. Absent: None.
INTRODUCTION OF ORDINANCES:
11. Councilman Sweeney 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 32 to Ordinance No. 725, New Series."
12. 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 Section 17-341- of the
Alameda Municipal Code Relating to Twenty
Minute Parking."
This ordinance was explained by the City Manager, who stated that the change was
made to take care of the crowded condition of the street in front of the Post Office.
RESOLUTIONS:
13. The following resolution was introduced by Councilman Howe, who moved its
adoption:
"Resolution No. 3294
Transferring 5OO. from Budget Account 70-b to
Health Department Expense Account 42-h."
The motion to adopt said resolution was seconded by Councilman Osborn and on roll
call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney
and President Branscheid, (5). Noes: None. Absent: None. Thereupon the Presi-
dent declared said resolution duly adopted and passed.
14. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
"Resolution No. 3295
Transferring from Capital Outlays Fund 0,000. to Federal
Postwar Planning Fund No. 1 -- Sewer Plans, Bay Farm
Island, and $5,500. to Federal Postwar Planning Fund. No.
2 -- Intercepting Sewers, Alameda Island."
The motion to adopt said resolution was seconded by Councilman Jones and on roll
call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney
and President Branscheid, (5). Noes: None. Absent: None. Thereupon the Presi-
dent declared said resolution duly adopted and passed.
15. The following resolution was introduced by Councilman Sweeney, who moved its
adoption:
"Resolution No. 3296
Creating One Additional Position of Senior Stenographer
and Three Additional Positions of Engineering Aide in
the Street Department of the City of Alameda and. Fixing
the Salaries Thereof."
The motion to adopt said resolution was seconded by Councilman Howe and on roll
call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
16. The following resolution was introduced by Councilman Osborn, who moved its
adoption:
"Resolution No. 3297
Authorizing the Execution of Agreement Between the United
States of America Acting by and Through the Federal Public
Housing Authority and the Housing Authority of the City of
Alameda for Acquiring, Developing, Administering and Re-
moving Emergency Temporary Housing under the Provisions of
Title V of the Lanham Act."
The motion to adopt said resolution was seconded by Councilman Howe and on roll
call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn,
Sweeney and. President Branscheid, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
At the request of Councilman Osborn, President Branscheid explained the purpose
of this resolution, stating that in view of the large number of veterans seeking
housing accommodations in the City of Alameda, the Council felt it was imperative
that something be done to remedy the situation as far as possible and that the
action authorized by this resolution would in a measure alleviate the condition.
17. The following resolution was introduced by Councilman Sweeney, who moved its
adoption:
"Resolution No. 3298
Adopting Specifications for Furnishing One (1) New,
One and One-Half (1) Ton Dump Truck to the City of
Alameda, Calling for Bids and Directing the City
Clerk to Advertise the Same."
The motion to adopt said resolution was seconded by Councilman Osborn and on roll
call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney
and President Branscheid, (5). Noes: None. Absent: None. Thereupon the Presi-
dent declared said resolution duly adopted and passed.
18. The following resolution was introduced by Councilman Jones, who moved its
adoption:
"Resolution No. 3299
Accepting Conveyance from Pacific Coast Engineering
Company, et al, of Easement in Certain Real Property
and Consenting to the Recordation Thereof."
The motion to adopt said resolution was seconded by Councilman Howe and on roll
call carried by the following vote. Ayes: Councilmen -Howe, Jones, Osborn,
Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon
the President declared said resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
19. "Ordinance No. 890,
New Series
An Ordinance Adding a New Section Numbered 10-1410
to Article 4, Chapter 1, Title X, of the Alameda
Municipal Code, Relating to House Movers and Removal
of Buildings."
Councilman Howe moved the ordinance be adopted as read. The motion was seconded
by Councilman Jones and on roll call carried by the following vote. Ayes:
Councilmen Howe, Jones, Osborn, Sweeney and President Branscheid, (5). Noes:
None. Absent: None.
FILING:
20. Financial Statement - Goodell, Byers & Henry - City of Alameda,
as at March 31, 1946.
21. Specifications - No. MS 4-46-4 - For furnishing one new 1 Ton
Dump Truck for the Park Department.
BILLS:
22. An itemized List of Claims against the City of Alameda and the several de-
partments thereof in the total amounts as follows, was presented to the Council
at this meeting: General Departments, $5,033.78; Police Department, $3,529.15;
Civil Service Department, 30.75; Pound Department, $44.43; Fire Department,
81,287.78; Street Department, $2,330.05; Health Department, $925.74; Recrea-
tion Department, 8251.17; Park Department, 8796.98; Golf Course Department,
955.88; Store Department, $2,265.85; Social Service Department, $100.97;
Initiative Relief Fund, 810.; East Bay Municipal Utility District Fund,
82,453.58.
Councilman Howe moved the bills as itemized in the List of Claims filed with the
City Clerk on April 16, 1946, and presented to the Council at this time, be al-
lowed and paid. The motion was seconded by Councilman Sweeney and on roll call
carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney
and President Branscheid, (5). Noes: None. Absent: None.
23 Prior to adjournment, Councilman Jones stated he wished to report on behalf
of the Flag Day Committee that a meeting would be held next Monday evening,
April 22, 1946, in the Council Chamber, at which time representatives of all
fraternal organizations of the City will be present. He stated that the Com-
mittee would like to have present as many members of the Council and other City
officials as possible to participate in the plans for the program.
24' Osborn stated that the City had met with a great loss in the sud-
den death of one of the old faithful members of the Golf Commission, Thomas P.
Kane, and moved that the meeting of the Council be adjourned in respect to his
memory.
ADJOURNMENT:
25. There being no further business to come before the meeting, the Council ad-
journed in respect to the memory of Thomas P. Kane, to assemble in regular session
on Tuesday evening, May 7, 1946, at 8:00 P. M.