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1964-07-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING JULY 7 964 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 delivered by The Reverend Mr. Robert W. Lewis, Minister of the First Congregational Church. ROLL CALL: The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey, (5), were noted present. Absent: None. . MINUTES: 1. The minutes of the regular meeting held June 10, and the special meetings held June 23 (after- noon), and June 23 (evening), 1964, were approved as transcribed. WRITTEN COMMUNICATIONS: � , 2. From one hundred eighteen citizens, by postal cards and a letter, registering their opposition to the Park Centre Project and requesting the abolishment of Alameda Redevelopment Agency. The cards and letter were ordered filed. 3.' From Mrs. Harold W. Powell, 1184 Upper Happy Valley Road, Lafayette, and from Mr. Harold William Powell, II, 3 San Benito Court, Walnut Creek, registering disapproval of rejecting the redevelopment plan and urging the Council to vote for the project, or to retain the Redevelopment Agency to work out a modified plan. The communications were noted and ordered to be acknowledged and filed. ORAL COMMUNICATIONS: 4. Several individuals requested the privilege of speaking on certain subjects at the appropriate time during the course of the meeting. / S. " Mr. Frank Gottstein inquired what the complete cost was for the construction of the roadway con- necting Westline Drive and Eighth Street. The City Engineer stated he would submit a report to Mr. Gottstein on this project. HEARINGS: � 6. The matters were called up concerning (1) the Improvement of Court Street from Otis Drive to Waterton Street, Including the Construction of Gutter and Paving - and (2) the Improvement of Waterton Street from Court Street to Mound Street, Including the Construction of Curb, Gutter and The Clerk stated there was on file the Affidavits of Service of Notices of the time and place of the Public Hearing in these two matters. Upon request, City Engineer Hanna reviewed the history of this area and emphasized that now was the time to improve the portions of these streets from an economical standpoint and also on the basis of the public need. City Attorney Cunningham stated the legal issues were whether or not any valid protests or objections to the proposed improvements had been raised by this Hearing - and the Council's decision, under the Streets and Highways Code, was final and conclusive. He explained that, in the event any protests were over-ruled, and the Council found that the improvements were needed, it could act by motion to order the City Engineer to cause said improvements to be made. Upon the call for proponents, Dr. Robert L. Ware, 2909 Waterton Street, and Mr. J. C. Steveley, 934 Court Street, expressed their approval of the street improvement. The President ingdired if there were any opponents to the goention. There being no protests, the President declared the Hearing closed. -Councilman McCall commented on the great improvement this project would make to the neighborhood and moved the-City Engineer be instructed to proceed with the construction work. The motion was seconded by Councilman Rose and on roll cull carried by the following vote. Ayes: Five. Noes: None, Absent: None. v 7.` The matter was then called up with regard to Resolution No. 6632 declaring the Intention of the City to order the vacation of a certain unimproved roadway on the extension of Fifth Street, oorth- 'erly of Buena Vista Avenue. The Clerk stated there was on file the Affidavit of Publication of said resolution which set forth t6e'time and place of the Public Hearing and the Affidavit of Posting Notice by the City Engineer of the public work to be done. Mr. Hanna explained in detail the circumstances involved in the proposed abandonment of said unimproved roadway. 26 4 Mr. Cunningham stated the legal issues were whether or not the street described in Resolution of Intention No. 6632, was unnecessary for present and prospective street purposes and that the public interest now required its vacation. The President called for any proponents of the question to address the Council at this time, but there was no response. Upon inquiry it there were any opponents to the closing of this roadway, Mr. G. N. Pope, 1820 Bay Street, voiced his objections to closing off "this natural continuation of Fifth Street right straight through". Also, there would be an extremely long block between Webster Street on the east and Poggi Street on the west if this roadway were abandoned. There being no further speakers, the President declared the Hearing closed. The Council then dis- cussed the matter, with the City Engineer clarifying and answering questions. Councilman Rose moved the vacation of this unimproved street be authorized. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: V/ U. From the Auditor and Assessor, notifying that the net assessment valuation for the tax rate basis for fiscal year 1964-65 was $72,358,240^ Councilman Rose moved acceptance of the report. The motion was seconded by Councilman La Croix and carried. 9., From the City Manager, recommending contracts be awarded as follows for furnishing certain play- ground apparatus: to Patterson-Williams Manufacturing Co., Inc., for furnishing Items "a, b, c, d, e and h", in a total amount of $1,206.; - to Designs for Play for Items "f and i", in a total amount of $272.95; - and that Item "g" be purchased in the open market as authorized by Section 3-15 of the City Charter. Councilman Freeman moved the recommendation be approved; that the two contracts be awarded for the items specified at the prices quoted and the remaining item be bought in the open market as requested. The motion was seconded by Councilman La Croix and on roll call curried by the follow- ing vote. Ayes: Five. Noes: None. Absent: None. 10y From the City Manager, reporting all work satisfactorily completed on the project of Wrecking and Removing the Armory Building in Washington Park - recommending it be accepted and the Notice of Completion be ordered filed. V'� ll. From the City Manager, reporting all work satisfactorily completed on the project of Install- ing Culverts and Drainage Improvements at Various Locations - recommending it be accepted and the Notice of Completion be ordered filed. 12, From the City Manager, reporting all work satisfactorily completed on the project of Construct- ing Eighth Street from Westline Drive to Portola Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the foregoing three recommendations be adopted; that the work on each of the projects, as specified, be accepted and the Notices of Completion be filed. The motion was seconded by Councilman Freeman and unanimously carried. 13V l9; From the Citizens' Committee on Charter Revision, signed by Mr. H. J. Kihn, Chairman, submit- ting its report on the review and recommendation concerning the revised Charter dated April, 1963. It was stated that the Committee believed the proposed revised Charter was the best solution for the City and no alternative provisions should be submitted. However, "if the Council finds that there are matters on which there may be such controversy that the people' should be given a choice between two alternatives, we recommend (1) that the draft as submitted be offered to the voters, but, (2) that the same time there be submitted amendments or alternative applications on the con- troverted points". Following ere the principal issues on which such amendments or alternatives might be submitted: 1. Election of the Mayor by the people instead of by the City Council. 2. Election of members of the Board of Education instead of appointment by the City Council. 3. Appointment of an Internal Auditor by the City Council. 4. (a) Compensation of Members of City Council. (b) Compensation of Mayor. Councilman Rose stated that to bring this matter to the floor, he would move the report of the Citi- zens' Committee on Charter Revision be approved. Councilman La Croix seconded the motion. Speaking on the question, a very lengthy discussion ensued in an effort to determine the proper pro- cedure to follow in preparing the revised Charter and/or alternates for submission to the people. It was felt certain aspects of the proposed Charter and alternates should be reviewed by the City Attorney and the City Manager. With the consent of his second, Councilman Rose withdrew his motion. Councilman La Croix then moved that the revised Charter as proposed by the "Committee" be submitted to the electorate on the ballot for the General Election to be held November 3, 1964, with alternates Nos. 1, 2 and 4, as set forth in the Committee's letter of June 18, 1964, and that alternate No. 3, concerning the appointment of an Internal Auditor, be referred back to the Staff for further study and recommendation. The motion was seconded by Councilman McCall. Speaking on the question, Councilman Rose expressed his objection to making changes merely for the sake of making a change and he voiced his opinion that he had investigated these several matters and could find no advantage or benefit to be gained by any of the suggested changes. ���� ���� �� The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: Councilman 8nae° (1). Absent: None. v 14° / From the City Attorney, with regard to the proposed "Pinball" Ordinance which had been intro- duced and was listed on the agenda for passage at this meeting. Mr. Aaron Greenberg, Attorney representing the Associated Coin Amusement Company, Inc., addressed the Council in a plea to amend the proposed ordinance to lessen its restrictions with regard to the type of machines which could be played by minors and at given locations. Mr. Cunningham stated he could prepare another ordinance which would incorporate prohibitions against certain types of machines, the ages of the players and the proximity to any school, and set forth the appropriate definitions therefor. The City Attorney was directed to prepare such an ordinance for consideration at the next meeting. INTRODUCTION OF ORDINANCES: 15. Councilman Freeman introduced the following Ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Repealing Ordinance No. 1440, New Series, and Ordinance No. 1450, New Series, Relating to Issuance of Building Permits in Park Centre Redevelopment Project, No. Calif. 8-63.o RESOLUTIONS: °v 16. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6656 Declaring Canvass of Returns and Result of Special Municipal Election Held on June 30, 1964." 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. 17. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6657 Authorizing Year-End Transfers on the Books of Account of the City of Alameda.* 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. w�' lO. - "Resolution No. 6658 Resolution of the Council of the City of Alameda Designating the Number of and Providing for the Compensation of Certain Officers and Other Employees of the City of Alameda." 19. "Resolution No. 6659 Approving and Adopting the Tentative Budget of the City of Alameda for the Fiscal Year 1964-1965." Referring to the resolution pertaining to the Budget, Mr. G. N. Pope, 1820 Bay Street, spoke at length in disapproval of the method by which certain budgetary funds and reserves were computed. Upon request, Councilman Rose verbally reported on his investigation of certain budgetary items, in consultation with Mr. Weller - as well as the recommended salary increases for all City employees. He explained that the recommendation was for a salary increase of two and one-half per cent, effective July 1, 1964, and a second two and one-half per cent to be effective January 1, 1905, with a review of the situation prior to the second increase. It was pointed out, however, that the funds for the total fivelper cent increase were already provided in this current Budget. In conclusion, Councilman Rose then proposed that the salary of the City Manager also be increased by the same rates and the necessary sum be included in the resolutions under consideration. Councilmen Rose then moved the adoption of the "Salary" and the "Budget" Resolutions. The motion was seconded by Councilman La Croix. Speaking on the question, Mr. Richard Durtalint, 405 Greenbrier Road, member of the Triangle Club, and Mr. John F. Hanson, Jr., Attorney, addressed the Council on behalf of the Police and Firemen. They stressed the salary increase need, as well as the fringe benefits of payment for the group health insurance and the reimbursement for uniform damage in line of duty. With regard to the uniform replacement, it was agreed that this would cost a very nominal amount and probably could be set up from an administrative standpoint. However, Mr. Waller suggested the matter be reviewed in order to establish proper regulations and he was directed to do so and report back to the Council. The question was then put and the motion to adopt each of the two immediately foregoing resolutions was carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 20:/ At this time, the President remarked that he felt the City had not done much during the past few years in the way of "Capital Improvements". He then proposed that a special meeting be held on July 28, at which time such a program could be discussed by the City Council. He thought the Staff could be ready by that time to report on what was needed and he suggested some consideration 'could then be given to a Civic Center and other projects for the future. There being no objections, said date was established for a special meeting of the City Council for the purpose of discussing a Capital Outlays Program. 21. The f.^^"=`.* resolution was introduced by r""--^"_"- Freeman, who moved its adoption: "Resolution No. 6660 Adopting Specifications, Special Provisions and Plans for the Reconstruction of Fifth Street from Pacific Avenue to Buena Vista Avenue, Calling for Bids and Directing City Clerk to Advertise Same." 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. v/ 22. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6661 Rejecting Redevelopment Plan for Park Centre Project (No. Calif. 8-63).° The motion to adopt said resolution was seconded by Councilman Freeman. It was suggested that a letter of appreciation and thanks be sent at the proper time to the members of the Redevelopment Agency of the City of Alameda for the great amount of time and effort they had expended on behalf of the City. 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. 23. "/ Councilman McCall then requested that the City Attorney be instructed - prepare th proper ordinance for introduction at the next meeting which would dissolve the Redevelopment Agency of the City of Alameda. « 24. Councilman La Croix made the following statement to the effect that every citizen in Alameda should do his utmost to cooperate with the merchants of not only Park Street, but also Webster Street, in supporting these business areas. Be said he believed very firmly that the citizens of the community could do the job of rehabilitation which was certainly necessary. He believed they should do it and that the City Council should give its complete support in accomplishing this. | � 25. At this time, Mr. Hanson cautioned the Council about taking immediate action to dissolve the Redevelopment Agency. He pointed out that it was a State Agency - there would be no Federal monies involved - and it would give to the City certain powers which could be used advantageously. Mr.' Hanson thought this Agency could provide a tool by which certain steps could be taken to accomplish something which everyone might want done and it would thus have some value to the City. 26. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6662 Finding and Determining the Certain Unimproved Roadway or Street Located on the Extension of Fifth Street Northerly of Buena Vista Avenue is Unnecessary for Present or Prospective Public Street Purposes; Ordering the Vacation Thereof„ Subject However, to the Reservation of Easement Described in Resolution of Intention No. 6632 Heretofore on June 3, 1964, Adopted; and Directing City Clerk to Cause a Certified Copy of this Resolution Recorded." 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. 27. The following resolution was introduced by Councilman La Croix, who moved its adoption: � . "Resolution No. 6663 .Designating R. D. Weller, City Manager, as the Authorized Official to Execute Documents Applicable to the Federal Contributions Program for Civil Defense Equipment." | 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. The President then declared all of the foregoing resolutions adopted. , r7 ORDINANCES FOR PASSAGE: 28.�~ "Ordinance No. 1468, New Series An Ordinance Amending the Alameda Municipal Code by Adding Section 4-332 to Article 3 of Chapter 3, Title IV, Prohibiting Possession or Consumption of Alcoholic Beverages on Public Beaches." Mr. Frank Gottstein, 731 Haight Avenue, registered his opposition to the enactment of such restric- tive legislation. He thought it would be ridiculous to try to enforce said prohibition. Councilman La Croix moved the adoption of the ordinance as submitted. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 29. "Ordinance No. 1409, New Series An Ordinance Amending the Alameda Municipal Code by Amending Article 4-A, Sec. 11-14A7(j) Relating to Maximum Permitted Heights of Fences, Hedges or Walla in 'R' Districts." Councilman Freeman moved the ordinance be adopted as submitted. The motion was seconded by Council- man Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 30. "Ordinance No. 1478, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Mecartney Road and Island Drive)." Councilman Rose moved the ordinance be adopted as submitted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31. "Ordinance No. 1471' New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Lincoln Avenue and Oak Street) Councilman La Croix moved the ordinance be adopted as submitted. The motion was seconded by Council- man Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 32. "Ordinance No. 1472, New Series An Ordinance Reclassifying, Rezoning or Detail Zoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Shore Line Properties, Inc. - Bay Farm Island Areas as set forth, comprised of 723 acres) Mr. Pope voiced his objection to the proposed filling of the tidelands involved in this rezoning petition, Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Not Voting: Councilman Freeman, (1). Absent: None. FILING: 33. Affidavit of City Manager and Chief of Police covering expenditure of monies from Police Secret Fund from March 1, through June 30, 1964. 34. Specifications, Special Provisions and Plans No. PW 7-64-21 - Reconstruction of Fifth Street from Pacific Avenue to Buena Vista Avenue. BILLS: 35. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $67,796.36, 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 that the bills as itemized in the List of Claims filed with the City Clerk on July 7, 1964* 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. 36. At this point, Councilman Rose commended Mayor Godfrey and City Attorney Cunningham on the excellent presentation they made on behalf of the City at the Hearing held recently with regard to the formation of the Bay Farm Island Reclamation District. ADJOURNMENT: 37. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, July 21, 1964, at 7 :30 o'clock. Respectfully submitted,