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1967-08-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING AUGUST 15, 1967 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Alle- giance was led by Councilman Fore and was followed by an inspiring Invocation delivered by The Reverend Rabbi Gunther Gates. ROTJ, CALL: The roll was called and Councilmen Bartley, Fore„Levy and President McCall, (4), were noted present. Absent: Councilman La Croix, Jr., (1). MINUTES: 1. The minutes of the regular meeting held August 1, 1967, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Jones-Thenn-Tillson, signed by Mr. Calvin M. Jones, requesting an extension of time of one year for completion of the Tentative Map for Unit 3, of Tract No. 2730, Town House Development. Councilman Fore moved the request be granted and the extension of time be allowed as set forth. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Three. Noes: None. Abstaining: Councilman Bartley, (1). Absent: Councilman La Croix, (1). v/ 3. From Messrs. Charles F. Campe and M. P. Cameron, owners of lots on Market Street, requesting that the portion of said street, north of Madison Street - as indicated on the attached drawing - be abandoned. It was felt the reduction of the width of Market Street with the resultant increase of the abutting lots would allow better improvement. The President stated this matter would be referred to the City Manager's office for a thorough review and report. There being no objections, it was so ordered. Mr. C. O. Rountree, Jr., 3266 Madison Street, addressed the Council on behalf of his neighbor, Mr. Rudolph Robles, 3271 Madison Street, who could not be present because of illness in his family. Mr. Rountree said Mr. Robles would be the property owner most directly concerned. He said several of the other property owners were present, however, and they were interested in having time to work out some solution to the problems before definite action was taken by the City Council. President McCall assured Mr. Rountree the Council would take no hasty action on this question. 4/ From Pan-Pacific Development Co., signed by Mr. William B. Kirkland, Jr., President, concerning development of a marina complex in the vicinity of Fourth Street and Central Avenue. It was requested that a Committee comprised of the following City officials be appointed to assist in the proper development of said project: Two City Councilmen, Two Planning Board Members, the Planning Director, the City Engineer and the City Attorney. The President explained that the thinking of the Council with regard to the personnel of the requested Committee would be to have only one City Councilman and one member of the Planning Board, to work with the others indicated in this respect. Mr. McCall stated the names of these representatives would be discussed at the executive session to be held following this meeting. v/ 5. From Alameda Municipal Civil Service Employees Association, signed by Geraldine E. Higby, Presi- dent, expressing appreciation to the City Council for granting the employees' salary increases which brought the positions into favorable comparison with neighboring municipalities. The communication was noted with thanks and ordered filed. 6. From Alamedans for a Better Community, signed by Messrs. Ashley O. Jones, Chairman, Robert S. Marder, Vice Chairman, and Newton W. Elder, Treasurer - requesting the Council to fully explore the revision of the City Charter with regard to (1) an elected Mayor; (2) an elected Board of Education; and (3) elimination of the five-year residency requirement for appointment or election to the City Legislative Body or a Board - and to place these items on the ballot of the June, 1968, General Election. President McCall said he believed there were several other items in the City Charter, as well as the suggestions made by this group, which needed reviewing. He pointed out the Council would want the opinion of the City Attorney with respect to a certain legal opinion expressed in the letter, before any action was taken. The President also emphasized the fact that the Council, itself, in the 1965 City Election had sub- mitted to the electorate the measure relative to the reduction of the "five-year residency" and the people had resoundingly voted to defeat it. Upon invitation, Mr. Marder, Attorney, addressed the Council in support of the proposed measures to amend the City Charter. He cited the case of Mr. Clarence Gilmore's presentation to the Council at its last meeting concerning a matter which rightly should have been given more consideration by the Board of Education. Mr. Marder commented that he thought the influx of new citizens to the community since 1965 had changed the situation and he would submit to the Council that this change would allow the "five-year residency" proposal to fare better in 1968 than it did previously. He also asked that the Council, itself, take the initiative in this matter and not wait for petitions to be signed by the required ten per cent of the eligible voters but act, by resolution, to have these suggested measures, as well as any others desired, placed on the June, 1968, ballot. Mrs. Inez Kapellas, 1128 College Avenue, also spoke in favor of an elected Board of Education, point- ing up that she had advocated this change for some time. She inquired if the people had to contend with the actions of the Board pending a vote of the people. She voiced her opinion that the Council should appoint members who were responsible to the people and who were dedicated to the safety and education of children. Mrs. Eleanor Tattersall, 1520 Central Avenue, asked that the Council appoint interested citizens to assist it in reviewing these matters. The President assured Mrs. Tattersall that any time a Charter revision had been contemplated, a large number of citizens had been appointed as a Committee to fully consider every aspect of the provisions. Mr. Richard Austin, 453 Buena Vista Avenue, added his appeal to the Council to act favorably and promptly on the suggestions made by the NAlamedanstr. He said he believed this action would increase the rapport between the citizenry and the City Government. At this point, Mr. Weller reviewed the Charter Revision situation,pointing up the fact that in recent years there had been two Charter Revision Committees. The one appointed about three years ago, com- posed of thirty or forty citizens, spent a year in studying the City Charter and made a substantial number of suggestions. He commented that the Alamedans for a Better Community might well peruse the report of this former Committee because a great deal of time and study - with professional assistance, and untrammeled by any interference from "City Halln - was put forth in this respect. He said the recommendations of the Committee would have resulted in a very much better basic law governing this community and they were defeated by a vote of three or four to one by the electorate. 7:( From Bayview Estates Homeowners Association, signed by Mr. William Soule, Vice President, con- cerning the County Scenic Route Element of the Alameda County General Plan. It was developed that the Association was probably under an erroneous impression from the recent pub- licity given to the Scenic Tour sponsored by the Chambers of Commerce of Alameda and Oakland and the Cities of Alameda and Oakland. Mr. Donald F. Johnson, Planning Director, explained the circumstances involved which entailed action in October, 1966, by the City Planning Board at the request of the Alameda County Planning Commission. This was an indication of the Scenic Route in Alameda running generally from Bay Farm Island Bridge along the shoreline. This followed the old Master Plan of Streets and Highways. The City Manager was directed to inform the HAssociation" on the subject. ORAL COMMUNICATIONS: 8. Mr. Ralph M. Smith, General Manager of the Alameda Chamber of Commerce, addressed the Council with regard to the Scenic Tour being sponsored by the Chambers and Cities of Alameda and Oakland. He emphasized that this had nothing to do with the County Scenic Route Element of the Alameda County General Plan. HEARINGS: 9. The matter was called up concerning the repair by the City of that certain sidewalk fronting the premises known as 2414 San Jose Avenue. This procedure was by provisions of Chapter 22, Division 7, Part 3, Streets and Highways Code of the State of California. The Clerk stated there was on file copies of the several documents and affidavit of Notice of Mailing as required by law. Also, a resolution had been prepared for the Council1s consideration to finalize its action in this matter. Due to the City Attorneys absence, the City Manager read the issue as prepared by Mr. Cunningham, which was as follows: "To hear and pass upon the report of the Superintendent of Streets, together with any objections which may be raised by the property owner liable for assessment of the repair work. The Council may revise, correct or modify the report, and the report as submitted - or as revised - should then be confirmed by the resolution listed on the agenda." Upon request, City Engineer Hanna pointed out the State law specified that the maintenance of the sidewalk in a state of safety and convenience for the public was the responsibility of the abutting property owner. He then explained the procedure involved in following this directive. Mr. Hanna pointed out the property owner had paid Twenty Dollars toward the cost of this sidewalk repair which amounted to a total of Sixty-four Dollars and twenty-three cents. Therefore, the lien against the property would be the sum of Forty-four Dollars and twenty-three cents. He also testified that the work had been done properly and the cost thereof was reasonable. Mrs. Lois Foster, owner of the property in question, explained that at the time the City had repaired the sidewalk in June, 1966, her husband had been in the hospital and he had returned to the hospital in February of this year. Mrs. Foster stated her husband was still not working and they had three children. Mr. Foster was drawing only Eighty Dollars per week as his disability payment. She stated they were willing to pay the cost of the sidewalk repair but simply could not afford to at this time. The Council was sympathetic to the Fosters under the circumstances but agreed the procedure set forth by the State law should be followed. -`, The Hearing was then declared closed and the matter was referred to "Resolutions' REPORTS OF OFFICERS, BOARDS, ETCETERA: 10. From Auditor and Assessor, requesting authorization to refund certain taxes in the amount of One Hundred Sixty Dollars and Eighty Cents to the J. V. Moan Commissary Company. This matter, too, was referred to "Resolutionstt. 11. From City Manager, reporting all work satisfactorily completed on the project of Pavement Con- struction in the Center Portion of Island Drive from Mecartney Road to Fir Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Bartley moved the recommendation be adopted; that the work on the specified project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 12. From City Manager, requesting authorization to negotiate and execute the necessary agreements for continued hospitalization insurance coverage for retired employees in the Kaiser Foundation plan under appropriate conditions. Councilman Bartley moved the request be granted and the City Manager be authorized to proceed with negotiations as set forth in his letter of August 10, 1967. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 13. From City Planning Board, signed by the Secretary, recommending the reclassification of 9.22 acres of property running southerly from 520-530 Central Avenue - from the qi-211, 11R-3-PD" and "R-511. Districts to the la-5-PDfl District. The Petition was filed by Mr. Vladimir Turski. The Hearing on this matter was set for the next Council meeting, to be held September 5, 1967. INTRODUCTION OF ORDINANCES: 14. Councilman Bartley introduced the following ordinance, after which it was laid over under pro- , vision of law and the Charter: nOrdinance No. New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations.' UNFINISHED BUSINESS: 15. The President referred to the bad situation concerning motorcycles in the City and stated the Police Department had been requested to continue its check in an attempt to eliminate the reckless driving and noise nuisance. 16. President McCall also spoke of the suggestion he had made previously, and had reiterated, to the Alameda-Contra Costa Transit District that there be established an express bus service from the east end of the City more directly to downtown Oakland via Park Street Bridge and the Nimitz Freeway. He said he was glad to report that Mr. Alan Bingham, General Manager of the Transit System, was enthusiastic about this idea. The President then referred to the bussing of school children from the former Estuary Housing Project as presented to the Council at its meeting held August 1. He stated he knew the Board of Education was giving further consideration to this matter and had held a meeting this date with the Transit District on the subject. President McCall explained one method which he hoped might be worked out to take care of this problem. RESOLUTIONS: 17. The following resolution was introduced by Councilman Bartley, who moved its adoption: Resolution No. 7189 Confirming Report of the Superintendent of Streets in the Matter of the Repair of Sidewalk in Front of Property Known as 2414 San Jose Avenue, and Directing the Filing of a Notice of Lien on Said Property with City Assessor and City Tax Collector.0 The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 18. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7190 Ordering Cancellation and Refund of Personal Property Taxes Erroneously Levied and Collected." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). .29. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7191 Resolution of Intention to Amend Resolution of Intention No. 7176 in the Matter of the Assessment of School Property and Setting Public Hearing Thereon, Assessment District No. 67-1, City of Alameda, County of Alameda, State of California." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 20. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7192 Resolution Setting Time and Place for Hearing for Determining Public Con- venience and Necessity of the Improvements to be Made in Assessment District No. 67-1, City of Alameda, County of Alameda, State of California." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 21. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7193 Resolution and Order Preliminarily Adopting Engineers Report, Setting Public Hearing and Calling for Bids, Assessment District No. 67-1, City of Alameda, County of Alameda, State of California." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 22. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7194 Resolution Approving Assessment Diagram." (Assessment District No. 67-1, City of Alameda, County of Alameda, State of California) The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 23. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7195 Resolution Adopting Scale of Prevailing Wage Rates." (Assessment District No. 67-1, City of Alameda, County of Alameda, State of California." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 24. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7196 Resolution of the Council of the City of Alameda in Memoriam to Daniel "Danny" W. Pauline "WITH HEARTFELT GRIEF, the Council of the City of Alameda records the death of one of its former, and most loyal employees, DANIEL 'DANNY' W. PAULINE. "WHEREAS, Mr. Pauline had begun his employment with the City as a Caretaker in the Park Department on May 18, 1931, and had retired on December 31, 1961; and "WHEREAS, Mr. Pauline had been assigned to Washington Park and had unstintingly devoted his time and effort during his thirty years of City employ in his desire to maintain the Park, particularly the Baseball Diamond, in topnotch condition for the benefit of the players of softball and semi-pro baseball games which attracted many visitors from the Bay Area Cities; and "WHEREAS, 'Danny' Pauline was a pal to his fellow workers and was greatly loved by all for the kindly man that he was. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda recognizes with appreciation and gratitude the outstanding job Mr. Pauline did during his many years of service on behalf of the people of Alameda, and does hereby express its sense of personal loss. "BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Danny Pauline in order to extend to it a sincere expression of sympathy in its bereavement. "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 DANIEL 1DANNY1 W. PAULINE." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 25. The following resolution was introduced by Councilman Levy, who moved its adoption: t'Resolution No. 7197 Resolution of the Council of the City of Alameda in Memoriam to Armitte Stephenson Kimbrough !WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of this City1s Sterling Citizens, ARMITTE STEPHENSON KIMBROUGH. "WHEREAS, Mr. Kimbrough had been a natural leader in the civic activities of his community and the spiritual program of his Church for which endeavors he was held in high esteem; and "WHEREAS, Mr. Kimbrough had served on many important Committees, Agencies and Com- missions in this City and the County of Alameda because of his innate integrity, his executive competence and his genuine concern for the best interests of all people; and "WHEREAS, the untimely and sudden demise of Mr. Kimbrough has deeply shocked and greatly saddened his many friends and associates. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda acknowledges with grateful hearts the invaluable service rendered by Mr. Kimbrough in his willingness to assume responsible leadership on behalf of the community and does hereby express its sense of personal loss at his passing. "BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Mr. Kimbrough in order to extend to it a sincere message of condolence in its bereavement. "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 ARMITTE STEPHENSON KIMBROUGH." The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). The President declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 26.x/ "Ordinance No. 1552, New Series An Ordinance Amending the Alameda Municipal Code by Adding Sections 2 -311 Through 2 -314 to Article 1, Chapter 3, Title II Thereof, Establishing Recreation Commission and Prescribing Membership and Duties of Said Commission; Repealing Ordinance No. 1143, New Series, Relating to Existing Recreation and Parks Commission; Abolishing Advisory Golf Commission by Repealing Ordinance No. 1135, New Series." Councilman Bartley moved the ordinance be passed as submitted. The motion was seconded by Council- man Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Council- man La Croix, (1). 27. "Ordinance No. 1553, New Series An Ordinance Amending the Alameda Municipal Code by Adding a New Article 6 (Sections 3 -161 Through 3 -163) to Chapter 1 of Title III Thereof, Creating a Trust Tidelands Fund." Councilman Levy moved the ordinance be passed as submitted. The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 28. "Ordinance No. 1554, New Series An Ordinance Amending the Alameda Municipal Code by Adding Sections 15 -614 and 15 -615 Thereto Relating to Deposit of Structure Demolition Materials in City Dump." Councilman Bartley moved the ordinance be passed as submitted. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). The President informed the Council that he had recently attended a meeting with several Mayors of neighboring cities and the officials of the Oakland Scavenger Association to discuss the problem of lack of space in the various City Dumps. He said there was also to be a meeting of the Associated Bay Area Governments sometime in September covering this regional problem with which all cities were concerned. FILING: 29. Annual Report and Financial Statement - Bureau of Electricity, as of June 30, 1967 - Verified by Hackleman, Larzelere & McKenna. 30. Engineerls Estimate of Cost - Assessment District No. 67-1, City of Alameda, County of Alameda, State of California. 31. Engineerls Report and Assessment - Assessment District No. 67-1, City of Alameda, County of Alameda, State of California. 32. Notice Inviting Sealed Bids - Assessment District No. 67-1, City of Alameda, County of Alameda, State of California. 33. Notice of Improvement - Assessment District No. 67-1, City of Alameda, County of Alameda, State of California. 34. Specifications No. PW 8-67-25 - Improvement of Streets in Vicinity of Otis School - Assessment District No. 67-1. BILLS: 35. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 38,835.11, was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Bartley moved the bills as itemized in the List of Claims filed with the City Clerk on August 15, 1967, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). tr- 36. At this point, the President referred to the sudden death just this date of Mr. Kent Pursel, Supervisor of Alameda County. He eulogized his dedication and service on behalf of all people in the County and his concern for the utaxpayers. The President then called up the Council and the audience for a moment of silence in observance of the deaths of Messrs. Pursel, Pauline and Kimbrough. 37. President McCall stated that, if there were no objections, he would ask the Council to retire following conclusion of the regular agenda to an executive session for discussion of prospective appointees to several Boards and Committees. He explained there would be no definite conclusions reached in view of Councilman La Croix's absence. ADJOURNMENT: 38. There being no further business to come before the meeting, the Council adjourned in respect to the memory of Messrs. Daniel "Danny n W. Pauline, Armitte Stephenson Kimbrough and Kent Pursel. The Council will assemble in regular session on Tuesday evening, September 5, 1967, at 7:30 olclock. Respectfully submitted,