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1965-02-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVEN FEBRUARY 6 1965 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman La Croix and was followed by an inspiring Invocation by The Reverend Mr. Robert W. Lewis, Minister of the First Congregational Church. At this point, President Godfrey welcomed some of the Eighth Grade Students from Porter School who were in attendance. He called upon Mr. Arthur Leydecker, Vice Principal, who then introduced Mrs. Gladys Rizzi and Mr. Charles Wolf, teachers. All were greeted with applause and invited to visit the Council meetings whenever possible. ROLL CALL: The roll was called and Councilmen Freeman, La Croix, McCall, Rose and President Godfrey, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held February 2, 1905, and the adjourned special meeting held February 9, 1965, were approved as transcribed. WDITIEN:COMMO0ICATIO0S; 2. From United States Atomic Energy Commission, signed by Mr. Paul W. McDaniel, Director of Division of Research, in response to the City's support of Camp Parks as a location for the proposed high energy accelerator - and explaining the status of said project. ^ The information was noted and the communication ordered filed. 3. w From Robert R. and Helen M. 8allock, 218-D Brush Street, in support of the City Council's opposi- tion to any bridge terminating anywhere in Alameda. 4. * From Mr. John J. Williamson, 512-B Central Avenue, also in support of the City's opposition to any bridge tezminua in Alameda. The President stated the Council appreciated receiving these letters of support. They were then ordered filed. ORAL COMMUNICATIONS: 5y Mr. G. N. Pope, 1820 Bay Street, questioned the Council's right to go into an executive session for the purpose of discussing personnel matters - as it had done during the adjourned special meeting held February 9. Be contended that since the Council was considering the question of salaries for the City Auditor and City Treasurer, both elected officials, the matter should have been taken up at a regular Council meeting. / 6y Mr, Frank Gottstein, 731 Haight Avenue, again inquired about the amount of funds which might still be available from the allocation made for the construction of the second Posey Tube. He thought the Council should request the State to reconstruct Webster Street since it was part of the State Highway System. Mr. Weller explained the State's procedure in the financing of such construction projects - pointing up that any "surplus" funds were then deposited in the General Fund of the State and were, therefore, not available for other projects. REPORTS OF OFFICERS BOARDS ETCE'ERA: 7.v From City Manager, recommending contract be awarded to F. H. Dailey Motor Co., low bidder, for furnishing one Half-ton Pickup Truck for the Golf Department at the total cost of $1,030.26. Councilman Rose moved the recommendation be approved; that contract be awarded to the designated firm for furnishing this vehicle at the price quoted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. v O, / From City Planning Board, signed by the Secretary, recommending approval of the Tentative Map for Tract No. 2642, subject to compliance with conditions contained in the City Engineer's Report - except that, as directed by Section 11-2120, the Board found no need for a walkway extending through the project, and with specific exception to Section 11-3119(a) of Subdivision Ordinance permitting lots of less than five thousand square feet. Councilman Freeman immediately asked that this matter be referred back to the Planning Board for its specific findings on the provisions of Section 11-14A4 of the Zoning Ordinance, and Sections 11- 3119(a) and 11-3134 of the Subdivision Ordinance. Councilman McCall inquired of the City Engineer if he was satisfied with the development as outlined, after compliance with the certain conditions had been made - to which Mr. Hanna replied in the affirma- tive. Councilman McCall then moved the Council accept the recommendation of the Planning Board, with regard to this subdivision, subject to all of the exceptions itemized in the Board's letter of Febru- ary 10, 1965, and on condition that all requirements of the City Engineer be met. The motion was seconded by Councilman Rose. Councilman Freeman claimed the Planning Board had not made a specific recommendation. She emphasized that she was solely concerned with the laws covering this particular project and the Board had not given the Council "specifics". The President then called upon Mr. Donald Johnson, Planning Director, who reviewed the circumstances involved in this type of condominium development. Many phases of the situation were broached and questions 'raised and discussed at length. City Attorney Cunningham clarified the provisions of the '3ubdiviaimz Ordinance and expressed his opinion that Councilman Freeman had made a valid request in view of the requirements of the ordinance. Upon invitation, Mr. Larry Surano, the Developer, 2607 lO9tb Avenue, Oakland, addressed the Council in explanation of further details with regard to his proposed improvement. Be referred to the large draw- ing of the development displayed for the Council's information which showed the attractive lay-out proposed. Mr. Surano stated there would be approximately three thousand three hundred square feet of area per individual unit. He described the facilities shown on the map which would be included in the designated "community" recreational expanse. He expressed his belief that this type of improvement was the best use of the laud. Mr. Surano also pointed out that any delay would be detrimental to his interests in getting the project underway in order to complete it before next winter. It was also brought out that Mr. Surano was ready to submit his Application for a Fill Permit in con- junction with this development. Upon inquiry by the President, Councilman Freeman reiterated her request that the matter be referred back to the Planning Board for its "specific" recommendations. After some further discussion as to the proper procedure, Councilman McCall, with the consent of his second, withdrew his motion and said he would yield to this request on condition that the Council receive the recommendations from the Planning Board and could then take action at the Council meeting of March 2, 1965. Councilman Freeman moved the Tentative Map of Tract No. 2642 be referred back to the Planning Board for its recommendations on specific findings and action would then be taken by the Council thereon at the regular meeting to be held March 2, 1965. Iba,mntion was seconded by Councilman La Croix and car- ried on the following roll call vote. Ayes: Fine, Noes: None, Absent: None. x' 9. From City Planning Board, signed by the Secretary, recommending approval of Property Division Map No. 131, filed by Mr. Ben F. Kopf, covering the parcel of land on the south side of Pacific Avenue, west of Webster Street. Councilman Freeman moved the recommendation be accepted and said Property Division Map No, 131 be approved. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to "Resolutions". lO. From City Manager, reporting all work satisfactorily completed on the project of Installing a Sprinkler System on City Hall grounds - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be adopted; that the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Freeman and unanimously carried. INTRODUCTION OF ORDINANCES: ^�' ll. President Godfrey said he had asked the City Attorney to prepare a certain ordinance for the Coun- cil's consideration. He explained the situation and felt it would be in order to amend the Municipal Code to allow minors beginning at age sixteen to attend public dances without chaperons - instead of those beginning at age eighteen, as currently in effect. There was a lengthy discussion of the several suggestions of possible methods of handling this matter. President Godfrey-then introduced the following ordinance, after which it was laid over under provi- sion of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 12-326 Thereof, Relating to Attendance by Minors at Public Dances." Councilman McCall thought it would be advisable to have a full report on this subject from the Juvenile Officer of the School Department and the Police Department, just to be assured that the Council was contemplating the proper action. UNFINISHED BUSINESS: 12. Councilman Freeman reported that she had written to Assemblyman Robert W. Crown, requesting him to obtain an opinion from the Legislative Counsel concerning some deeds which she had found covering certain tidelands which she believed had belonged to the City since 1913 and through 1946. 13, Councilman Freeman also referred to her request for a report on the monies in the City Tideland Grant Act Fund. Mr. Weller pointed out the Council was aware that the City does not have such a fund because for many, many years the amount expended for permitted purposes relating to tidelands had thus far exceeded the sum derived from lease income. Some discussion ensued on this subject. The City Attorney clarified certain points and also mentioned that the City could readily prove its expenses in this respect far 14:v Councilman Freeman then referred to a letter dated January 12,,1965, from The Alameda Woman's Civic Affairs Committee, which had been presented to the Council at its meeting held January 19^ 1965. The question had been asked whether the Council knew the lands of the proposed Reclamation District were not owned by Shore Line Properties, Inc., when it first came before the Council on March 3, 1984. She said she felt the question should be answered because she had also made the same inquiry. There was a lengthy discussion of this matter, with explanations being offered by the City Manager and the City Attorney concerning legal technicalities and the proper interpretation of "ownership of land". Councilman Freeman said she had asked in several ways if Shore Line Properties, Inc., was the owner of said land and each time the answer had been, "Yes". She felt this had been misrepresentation. NEW BUSINESS: 15. Councilman McCall again submitted his request that the Alameda Police Patrol Cars be equipped with shotguns in order to adequately protect the Police Officers. Mr. Weller was asked to have Police Chief Drake make another report on this matter. 16. City Attorney Cunningham stated the City of Fremont had requested other municipalities to assist it in joining a Friend of the Court Brief in a Supreme Court involving the State Subdivision Map Act. He stated he had noted some of the aspects of the case and felt it would be to the advantage of not only the neighboring city but of Alameda to get some ruling on this. Mr. Cunningham pointed out he would need the consent of the City Council to authorize the City's participation in this case, which would be at no cost to the City in this instance. Upon inquiry by the President, there was no objection and the City Attorney was directed to proceed in this respect. 17. President Godfrey announced that the City Clerk, Mrs. Shirley B. Tennier, had been appointed by the President of the League of California Cities to the Committee on City Clerks' Institute for 1965 and he extended his and the Council's congratulations. 18 The President spoke of a meeting held last evening by a group of citizens who supported the Council's opposition to the proposed Alameda terminus of the southern crossing of San Francisco Bay. A movement had been started to encourage citizens to make the trip to Sacramento with the Council to appear at the Hearing before the Toll Bridge Authority on this question on Thursday, February 18, 1965. Following considerable discussion of the situation, arrangements were agreed upon and Councilman Freeman moved the Council appropriate the maximum amount of Three Hundred Dollars to provide bus transportation for those citizens who desired to attend said Hearing. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Fivo, Noes: None. Absent: None. The people were to assemble on the parking area east of Safeway Store at the South Shore Shopping Center and the busses would leave promptly at 8;00 o'clock a.m. They would then leave Sacramento at 1:30 o'clock p.m. for the return trip. Mr. Clarence Gilmore, President of Alameda Chapter of NAACP, inquired if telegrams or letters of pro- test would be helpful in this matter in support of the Council, from those who could not personally attend the Hearing. Be was assured the Council would appreciate this type of support also. /' 19. Mr. Weller presented information concerning the financial benefits to be derived from another census and recommended that the Council give its consent for a Special State Census as of April 1, 1965. He stated a review of the data of the last census led him ,to believe the population of the City of Alameda had increased between fifteen hundred and twenty-five hundred people which would result in larger gasoline tax allocations. Mr. Weller explained that, subsequently, the Council would have to adopt a resolution authorizing execution of an agreement in this respect. There being no objections, the City Manager was directed to proceed accordingly and the required reso- lution would be prepared for consideration at the proper time. RESOLUTIONS: 20. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6741 Resolution of the Council of the City of Alameda Establishing Election Precincts; Designating Polling Places Therefor and Naming Officers of Election for Each Precinct for the General Municipal Election to be Held on Tuesday, March 9, 1965.~ The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 21. The following resolution was introduced by Councilman Rose, who moved its adoption: r� "Resolution No. 6742 Resolution Amending Salary Resolution No. 6724 Relating to Compensation for and Positions of Officers and Employees of the City of Alameda (Auditor- Assessor and Treasurer-Tax Collector).'/ The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. "Resolution No. 6743 Approving Property Division Map No. 131 for Division of Property on the South Side of Pacific Avenue West of Webster Street, and Permitting Recording Thereof (Ben F. Kopf)." The motion to adopt said resolution was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6744 Adopting Specifications, Special Provisions and Plans for Installation of Storm Sewers on Kitty Hawk Road South of Franciscan Way, and on Peach Street and Washington Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Godfrey and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 24. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6745 Adopting Specifications, Special Provisions and Plans for Installation of a Sanitary Sewer Along the North Shore of the Lagoon from Grand Street to Bay Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes.: None. Absent: None. 25. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6746 Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration of the State Employees' Retirement System and the City Council of the City of Alameda." The motion to adopt said resolution was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 26. "Ordinance No. 1494, New Series An Ordinance Amending the Plumbing Code and Heating and Ventilating Code of the City of Alameda by Amending Sections 8-3.05 and 8-16.05 Thereof, Relating to Cost of Permits." Councilman Freeman moved the ordinance be passed as submitted. The motion was seconded by Councilman Rose and carried on the following vote. Ayes: Five. Noes: None. Absent: None. 27. "Ordinance No. 1495, New Series An Ordinance Amending the Building Code of the City of Alameda by Amending Section 303(a) Thereof, Relating to Permit Fees." Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Councilman Freeman and carried on the following vote. Ayes: Five. Noes: None. Absent: None. 28. "Ordinance No. 1496, New Series An Ordinance Amending the Alameda Municipal Code by Amending Section 10-2316 Thereof, Relating to Cost of Electrical Permits." Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Councilman Rose and carried on the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 29. Specifications No. PW 2-05-1 - Installation of Storm Sewers on Kitty Hawk Road, Peach and Washington Streets. 30. Specifications No. PW 2-65-2 - Installation of Sanitary Sewers Along North Shore of Lagoon. BILLS:� 31. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $46,11O.24" 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 February 16, 1965^ and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None, ADJOURNMENT: 32. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, March 2, 1905, at 7:30 o'clock. Respectfully submitted, /1 /9 /2 ,X v.` C%-.1 Clerk D , ���