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1965-01-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING JANUARY 5, 1965 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman Rose and was followed by an inspiring Invocation delivered by The Reverend Mr. Wilfred H. Hodgkin, Rector of Christ Episcopal Church. The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey, 1. The minutes of the regular meeting held December 15, 1964, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Waterside Terrace-Thompson Avenue Homeowners Association, signed by Mr. Mike Grega, Presi- dent, expressing thanks for the Christmas tree lights along Thompson Avenue. 3. From Waterside Terrace-Thompson Avenue Homeowners Association, signed by Mr. Mike Grega, Presi- dent, requesting that crosswalk lines be painted across Fernside Boulevard at the intersection of any street or streets within this Association's area. ROLL CALL: (5), were noted present. Absent: None. MINUTES: The Clerk was asked to acknowledge these letters - indicating appreciation for the first and inform- ing the Association that the request contained in the second had'been referred to the City Manager for review and report. 4. From Mrs. E. S. Gaillac, 1212 Mound Street, suggesting the new school be named for someone who had made a contribution to civic or school welfare in the City of Alameda. The Clerk was directed to inform Mrs. Gaillac that her letter had been referred to the Board of Education. ORAL COMMUNICATIONS: 5: Mr. Frank Gottstein, 731 Haight Avenue, addressed the Council at length in appeal for action to raise the elevation of Webster Street at its northerly end before any more buildings were constructed along this street. He felt there probably had been some money left over from the allocation for the construction of the new Posey Tube and if so, the City should apply for these funds to be used in thus improving Webster Street, since it was part of the State Highway. 6. Mr. G. N. Pope, 1820 Bay Street, registered his opposition to the proposed amendments to the City Charter. He also spoke in protest against the procedure in effect for the opening of bids. He felt the Council should revert to the former method of opening all bids during the Council meetings. HEARINGS: 7. The matter was called up concerning the Appeal filed by Inez M. and George G. Kapellas, 1128 College Avenue,. from the decision of the Planning Board to grant certain variances on the property at 1130 College Avenue, owned by Mr. Stanley S. Lambe. This Hearing had been continued from the meet- ing of December 15, 1964, in order that reports from certain Departments might be submitted to the Councilmen for their further information on the subject. A very lengthy discourse ensued about the particular circumstances involved in this case, in an endeavor to resolve the problems to the mutual satisfaction of all concerned. Also, the Council expressed its displeasure with and disapproval of the fact that it had been faced recently with several such cases and had been placed in the position of either allowing people to flaunt the law or to arbitrarily demand that the violation be removed, regardless of what hardship might be created. Further explanations were offered by Mr. Lambe and Mrs. Kapellas in clarification of the situation, in response to questions. Following further discussion of certain pertinent circumstances, in an attempt to determine what portion of the addition to the building could be removed with the least adverse effect, Mrs. Kapellas suddenly stated she and her husband had decided to withdraw their Appeal. Councilman McCall then moved the action of the Planning Board be affirmed. The motion was seconded by Councilman Rose. Councilman Freeman suggested the motion be amended to include the condition that the brace for the fence now attached to Mrs. Kapellas' dwelling, be removed. This was acceptable to both Councilmen Rose and McCall. The question was then put and the motion, as amended, carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 8. From the Mayor, City Manager and Auditor, submitting their report on the Count of Money held November 18, 1964, which showed the sum of $5,240,477.97 in the City Treasury at that time. Thereport was noted and ordered filed. 9. From City Manager, recommending all bids be rejected on the call for furnishing sixty-four Chairs for the Golf Department and that authorization be given to make said purchase in the open market, which would result in the lowest possible total cost to the City for this item. Councilman Rose moved the recommendation be approved and the City Manager be authorized to negotiate this purchase as requested. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 10. Councilman Freeman inquired of the City Manager if he had received the Lafco Report from the Boundary Commission. Mr. Weller replied that he had talked with Mr. McKay, the Executive Secretary of said Commission, and as soon as the Report was available, he would forward copies to the Councilmen. v/ 11. Councilman Freeman referred to Reclamation District No. 2105 and the plans submitted in con- junction with the Application by Shore Line Properties, Inc., for the Permit to Fill. She pointed up the discrepancy between the boundaries shown in the original maps and the larger area now proposed to be filled. Also, the use by the Company of sand and materials in the City's "borrow area". She questioned the authority of the U. S. Army Corps of Engineers to grant permission to dredge and fill in this instance. Councilman Freeman asked that the City Attorney and the City Manager review the existing Fill Agreement between the City and Shore Line Properties, Inc., and report thereon. She felt the Developer should be informed that he would be paying five cents per cubic yard for the 12,000,000 cubic yards of fill necessary for his purposes. Mr. Cunningham explained the situation in question. 12( Councilman Freeman also spoke of the "retention" of this area, and claimed there was no plan therefor shown in the Fill Agreement or for the larger section which had been added. She asked that the Developer be requested to submit to the City its plans for said retention. Mr. Cunningham suggested City Engineer Hanna would be better qualified to take care of this matter. 13:7 Councilman McCall verbally reported that Councilman Rose, City Manager Weller and himself had met with Mr. William Penn Mott, General Manager of East Bay Regional Park District, on December 28, 1964, concerning the possible maintenance and operation of the entire South Shore Beach by the Regional Park District. He remarked that Mr. Mott had assured them that his Board was inspecting recreational and beach areas. Councilman McCall said he had pointed out that the City of Alameda was providing beach and recreational facilities for the entire Bay Area at the expense of the City taxpayers. He had also stated the City beach was within the jurisdiction of the East Bay Regional Park District.and that approximatelyeighty to eighty-four per cent of the people using said facilities were from outside the City itself. Councilman McCall said both he and Councilman Rose felt this was a matter the Board of Directors of the "District" should indeed consider. He said Mr. Mott had told them he would refer this subject to his Staff for complete analysis. CouncilmanMcCall remarked that they had also recommended to Mr. Mott that he have the area of the Alameda Memorial State Beach checked into with the possibility of working out some plan with the State so this facility could really be a Regional Park Beach. He commented that a report would be forthcoming from the Regional Park Board sometime after its next meeting in February. NEW BUSINESS: 14. The President stated that for a number of years the City, the Alameda Swimming Pool Association and the Alameda Swim Club had conducted the competitive swim program in the City of Alameda. These three agencies had had problems in coordinating their programs and they felt a coordinating committee was necessary for proper scheduling. Therefore, the President remarked that, at the request of and with the approval of Mr. Grant Mainland, Head of the City Recreation Department, and of the Pool Association and the Swim Club, he would estab- lish a "Swimming Policy and Coordinating Committee" and appointed the following as members thereof: Mr. Frank Weeden, Alameda Swimming Pool Association; Mr. Edward Gamble, Alameda Swim Club, and himself. This was agreeable to the City Council. 15" McCall commented on the recent publicity concerning the City inviting anyone to pick up driftwood along the South Shore Beach. He thought this idea was commendable. He said he felt the Street Department was fighting a losing battle in trying to keep the beach clear during such stormy weather as had been prevalent for the past several weeks. Councilman McCall suggested that possibly the U. S. Army Corps of Engineers could be responsible for financial assistance in cleaning up this type of storm debris. 16. Councilman La Croix suggested the Council express its commendation to Police Officers Donald Ulricksen and Raymond Blackman, who had volunteered their services to assist in rescue operations of the flood Victims in the northern part of the State. Mr. Weller was instructed to write appropriate letters of approbation. RESOLUTIONS: v 17. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6725 Calling General Municipal Election to be Held in the City of Alameda on Tuesday, March 9, 1965; Establishing Election Precincts; Fixing Number of Election Officers on the Board of Election for Each Precinct; Fixing Compensation of Election Officers and Designating Hours of Voting." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 341 V- 18. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6726 Proposing an Amendment to the Charter of the City of Alameda on Motion of the City Council; Calling a Special Municipal Charter Amendment Election in the City of Alameda for the Purpose of Submitting to the Electors Thereof .a Proposal to Amend Said Charter, Viz: By (a) Amending Sections 2-5, 2-6, 2-7, 2-8, 2-11, 3-7(A), 3-9, 3-14, 3-15, 3-18, 7-2(D), 8-1, 17-2 and 17-3 Thereof; (b) Repealing Sections 2-12, 17-4, 17-5, and Entire Articles XIX, XX and XXIV Thereof; (c) Adding Sections 17-14, 19-1, 19-2, 19-3, 20-1 and 24-1 Thereto; Fixing the Date of Said Election, the Manner of Holding the Same, and Providing for Notice Thereof; and Consolidating Said Special Municipal Charter Amendment Election with the General Municipal Election to be Held in Said City on March 9, 1965." (Measure "A") The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Freeman, (1). Absent: None. 19. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6727 Proposing an Amendment to the Charter of the City of Alameda on Motion of the City Council; Calling a Special Municipal Charter Amendment Election in the City of Alameda for the Purpose of Submitting to the Electors Thereof a Proposal to Amend Said Charter, Viz: By Amending Section 2-4 of Article II Thereof Relating to the Compensation of Mayor and Members of the City Council, as follows: Providing that Each Councilman Shall Receive Compensation of $100.00 per Month or Fraction Thereof, and That Person Serving as Mayor Shall Receive a Compensation of $200.00 per Month or Fraction Thereof; Fixing the Date of Said Election, the Manner of Holding the Same, and Providing for Notice Thereof; and Consolidating Said Special Municipal Charter Amendment Election with the General Municipal Election to be Held in Said City on March 9, 1965." (Measure "B") The motion to adopt said resolution was seconded by Councilman McCall. Speaking on the question, President Godfrey said he felt the proposed monthly salaries of $100. for t unrea if the the Councilmen and $200. for the Mayor might be considered somewhat listic. He inquired Council wished to further discuss this matter and possibly lower the suggested amounts in order that this Measure B would have a better chance to be approved by the electorate. Following some discussion, it was agreed that the "flat" monthly salaries as proposed were in order. The question was then put and the motion to adopt said resolution carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. v-- , 20. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6728 Proposing an Amendment to the Charter of the City of Alameda on Motion of the City Council; Calling a Special Municipal Charter Amendment Election in the City of Alameda for the Purpose of Submitting to the Electors Thereof a Proposal to Amend Said Charter, Viz: By Adding Section 4-8 to Article IV and Section 5-4 to Article V Thereof, Both Relating to Change of Status of the Office of City Auditor, Ex-Officio Assessor, and City Treasurer, n_E:-e Ex- Officio Tax Collector, as Follows: Providing That Said Offices Shall Appointive by the City Council Rather Than Elective, and That the Council May Assign Additional and Compatible Duties Thereto; Fixing the Date of Said Election, the Manner of Holding the Same, and Providing for Notice Thereof; and Consolidating Said Special Municipal Charter Amendment Election with the General Municipal Election to be Held in Said City on March 9, 1965." (Measure "C") call The motion to adopt said resolution was seconded by Councilman Rose and on roll 11 carried by the following vote. Ayes: Five. Noes: None. Absent: None. 21. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6729 Proposing an Amendment to the Charter of the City of Alameda on Motion of the City Council; Ca lling a Special Municipal Charter Amendment Election in the City of Alameda for the Purpose of Submitting to the Electors Thereof a Proposal to Amend Said Charter, Viz: By Adding Section 3-20 to Article II Thereof, Re lating to Authorizing the Council of the City of Alameda to Transfer by Contract, or Other Arrangement, to the County of Alameda, Any or All of the Tax Assessing and Collecting Functions and Services of the City, but Reserving, However, the Right to Reassume Such Functions and Services; Fixing the Date of Said Election, the Manner of Holding the Same, and Providing for Notice Thereof; and Consolidating Said Special Municipal Charter Amendment Election with the General Municipal Election to be Held in Said City on March 9, 1965." (Measure "D") The motion to adopt said resolution was seconded by President Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. "Resolution No. 6730 Submitting an Ordinance Amending No. 1079 New Series, Entitled, 'An Ordinance Establishing a Relief, Pension and Insurance System for Members of the Police and Fire Departments of the City of Alameda, and Repealing Ordinance No. 276 New Series, as Amended,' to be Voted Upon at the General Municipal Election to be Held in the City of Alameda on Tuesday, March 9, 1965." (Proposition I) Mr. David A. Long, Attorney, addressed the Council as the representative of the Triangle Club in behalf of the Police and Fire Departments. He asked that action on this resolution be deferred pend- ing proper analysis of the proposed Proposition I by an expert in this field, Mr. Robert P. Cowell of the firm of Carroll, Davis, Burdick and McDonough of San Francisco. He stated Mr. Cowell desired to obtain an opinion from his consulting actuary as to whether or not this Proposition would adversely affect the rights of approximately one hundred sixty -nine members of the Police and Fire Departments who work under the provisions of Pension Ordinance No. 1079, New Series. Further discourse developed the agreement that the resolution could be adopted this evening with the understanding that in the event it was subsequently ascertained that the effects of said "Proposition" would be harmful to any of the Police and Firemen involved, the Council would then take action to withdraw this item from the ballot. Councilman La Croix moved the adoption of the foregoing resolution. The motion was seconded by Coun- cilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6731 Adopting Specifications, Special Provisions and Flans for Installation of Storm Drains on Maitland Drive Between Doolittle Drive and Golf Course Memorial Road, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 24. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6732 Adopting and Submitting a Second Amended Budget for Expenditure of Funds Allocated from the State Highway Fund to Cities." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President then declared all of the foregoing resolutions adopted. FILING: 25. Specifications, Special Provisions and Plans No. PW 12 -64 -31 - Installation of Storm Drains on Maitland Drive between Doolittle Drive and Golf Course Memorial Road. 26. Financial Report - Bureau of Electricity, as of November 30, 1964 - Verified by Hackleman, Larzelere & McKenna. BILLS: 27. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $21,090.72, 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 McCall moved the bills as itemized in the List of Claims filed with the City Clerk on Janu- ary 5, 1965, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 28. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, January 19, 1965, at 7:30 o'clock. Respectfully submitted, f3+ Clerk