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1963-04-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, APRIL 16, 1963 The meeting convened at 7:30 o'clock p.m. with President Collischonn presiding. The Pledge of Allegiance was led by Councilman Schacht and was followed by an inspiring Invocation delivered by The Reverend Mr. Emmett Wade, Assistant Pastor, Central Baptist Church. ROLL CALL: The roll was called and Councilmen Godfrey, McCall, Rose, Schacht and President Collischonn, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held April 2, 1963, were approved as transcribed. WRITTEN COMMUNICATIONS: 2 From Sierra Club, Conservation Committee of the San Francisco Bay Chapter, signed by Elizabeth K. McCracken, Acting Secretary, urging support by the City of Alameda of the proposed tax ceiling increase of the East Bay Regional Park Department, from five cents to ten cents per $100. assessed valuation. The President stated this matter would be referred to the new Council for its consideration. 3. From -Mr. Lesley N. Forden, 1448 Page Street; in commendation of the Council's stand on the "Coliseum Complex ". The Clerk was instructed to acknowledge the letter and file it. 4. From J. H. Pomeroy & Co., Inc., signed by Mr. F. A. Divita, Senior Vice President, submitting Application for Permit to Fill Property at the foot of Stanford Street with approximately 3,500 cubic yards of compacted rock and sand fill protected by riprap. The approved Bond accompanied said Application. Councilman Godfrey moved the Application be granted and the designated firm be issued a Permit to fill the specified area as indicated on the drawing which accompanied this Application. The motion was seconded by Councilman Schacht and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 5. From Mr. Ib Barre, Architect, 5958 MacArthur Boulevard, Oakland, in praise of the capabilities of Mr. Schoenfeld, Planning Director, in his field. The communication was noted and ordered filed. 6. From Mr. G. N. Pope, 1820 Bay Street, asking the Council to make inquiry concerning the dis- missal of the Planning Director. The President stated he had made personal inquiry into this matter and heartily concurred with Mr. Weller.'s action. Councilmen Godfrey, McCall and Rose expressed their awareness of the situation, pointing up it was strictly a personnel matter and that they concurred with the City Manager. v7 7 The Clerk read in full a letter from the County Board of Supervisors, signed by The Honorable Leland W. Sweeney, Supervisor, Third District, complimenting Mayor Collischonn upon his efficiency during his tenure of office and extending best wishes and congratulations to the new Council. The communication was noted with appreciation and ordered acknowledged with thanks. 8:'✓ At this point, President Collischonn stated he would suspend the regular order of business so that he and Councilman Schacht, retiring officials, might make some remarks. He called upon Council- man Schacht, who expressed his pleasure at having had the opportunity of serving on the City Council. He thanked all of the City officials for their courtesies and cooperation and extended his congratu- lations to the Councilmen - elect. Mr. Schacht stated his tenure as City Councilman had provided a memorable experience and very rich and rewarding one. President Collischonn also expressed his deep appreciation of the privilege of having served his City as Councilman and Mayor. He, too, thanked the Administrative Staff, and also the Press, for their cooperation and commented on the friendships he had made with his colleagues which he hoped to continue. President Collischonn offered his congratulations to the newly elected Councilmen. The Clerk was then requested to administer the Oath of Office to Councilmen -elect Helen L. Freeman, Terry La Croix, Jr. and George A. Rose, who were then officially sworn in as Councilmen of the City of Alameda. The President declared a recess until 8:00 o'clock p.m., when the new Council would be seated. The Clerk assumed the Chair and called the meeting to order at 8 :02 o'clock p.m. It was stated the Council was proceeding under provision of Section 3 -7(a) of the City Charter. There were five duly qualified City Councilmen noted present, as follows: Helen L. Freeman, William S. Godfrey, Terry La Croix, Jr., William M. McCall and George A. Rose. 76 The Clerk declared nominations in order for the office of Mayor of the City of Alameda and President of the City Council. Councilman La Croix stated it was his pleasure to place in nomination the name of one who had had the experience, background and presentation necessary for the office of Mayor and President of the Council, Councilman William S. Godfrey. Councilman Godfrey thanked Councilman La Croix for his remarks but stated he must decline the nomination, The Clerk inquired if there were any further nominations. There was no response - and after some lapse of time, Councilman La Croix stated he felt it was vitally important to the City that it have a man who had shown the ability of leadership in the past and asked Councilman Godfrey to reconsider his declination. Following further thought, Councilman Godfrey stated that if it was the desire of the Council, he would accept the nomination. There being no further nominations for the office of Mayor, Councilman La Croix moved the nomina- tions be closed. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Councilmen Godfrey, La Croix and Rose, (3). Noes: None. Present: Councilmen Freeman and McCall, (2). Absent: None. After considerable discussion of the technical interpretation of the intent of the "present" vote, it was then agreed a unanimous vote be cast in favor of closing the nominations. Councilman La Croix moved that Councilman William S. Godfrey be elected Mayor of the City of Alameda and President of the City Council for the ensuing two -year term. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Councilmen La Croix, McCall and Rose, (3). Present: Councilman Freeman, (1). Not Voting: Councilman Godfrey, (1). Absent: None. Councilman Freeman then moved a unanimous ballot be cast for the Honorable William S. Godfrey, newly elected Mayor of the City of Alameda. The motion was seconded by Councilman La Croix and unanimously carried. President Godfrey expressed his thanks to one and all. He stated there had been some very fine men who had occupied this Chair, his father having been one of them, and he expressed the hope that he could be as honest and sincere as his father had been during his tenure of office. President Godfrey then declared nominations in order for the office of Vice President of the City Council. Councilman Rose stated he would like to place in nomination the name of one who had the ability and experience to perform this duty to the credit of the City of Alameda, Councilman William M. McCall. There being no further nominations, Councilman La Croix moved the nominations be closed. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Councilmen La Croix, McCall, Rose and President Godfrey, (4). Present: Councilman Freeman, (1). Noes: None. Absent: None. Councilman Rose then moved that Councilman McCall be elected Vice President of the Council of the City of Alameda. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Councilmen Freeman, La Croix, McCall, Rose and President Godfrey, (5). Noes: None. Absent: None. 9. At this point, President Godfrey called upon The Reverend Mr. Wilfred Hodgkin, Rector of Christ Episcopal Church, who addressed the Council on behalf of the Christ Church Parish and pre sented Certificates of Appreciation to the Alameda Police Department, particularly Chief Floyd Drake,and Captain William Tulloh, for their assistance during the building program of the new Church with respect to controlling traffic and parking in the area when necessary. Also, a Certificate to the Alameda Fire Department for its tremendous effort at the time of the awful fire in the task of saving adjoining buildings - especially to Battalion Chief Warren Aspinall and to Lieutenant Norman Estes for their assistance in planning the safety measures for the new structure. Further, a Certi- ficate to the Department of Public Works, specifically the several Inspectors,and to Mr. Rasmus Johansen of the Bureau of Electricity for his outstanding job in assisting the Electrical Engineer of the Parish in its building project. Mr. Hodgkin asked that these several Certificates of Appre- ciation be passed on to the respective departments cited. President Godfrey accepted the Certificates of Appreciation with thanks and assured Mr. Hodgkin the departments concerned would be given these documents in recognition of their efficient work. 10Y President Godfrey then called upon Mr. Elvin Larsen, President of the Alameda Chamber of Com- merce, who presented to retiring City Councilman Schacht and Mayor Collischonn plaques. of Community Service Awards in appreciation of their valuable and meritorious service to the citizens of the City of Alameda. The President also presented to each of these retiring officials handsome badges inscribed with their names and terms of office as mementos from the Council of the City of Alameda. On behalf of the City Council, the President stated these officials - certainly would not be allowed to retire completely from public life. Knowing the caliber of these gentlemen, he said he felt sure they would again be serving their community in some capacity. At this time and retiring and incumbent Councilmen introduced the various members of their families who, with many friends and interested citizens, comprised the large audience in attendance at this meeting. 77 The meeting then continued under "Written Communications ". ii ( The matter concerning the requested support of the proposed tax ceiling increase for the East Bay Regional Park District was brought up for consideration. Reference was made to AB 1519 which covers this item and Councilman Rose stated he felt it should be known how many acres would be acquired by the Park District and not just how much money would be spent for land acquisition and, also, the point had been made that even with the tax increase a deficit would still prevail in the District's program and he said he wanted information on these questions before making any decision on the subject. The President asked Councilman Rose to check into this matter and furnish the Council with proper information. There was considerable discussion of other phases of the Park District program as covered in AB 1519 and. AB 1702. Councilman McCall also felt the City of Alameda was entitled to consideration for the appointment of a local representative on the Park District Board of Directors. It was further developed that the City had been endeavoring to have the City's State Beach - Park facility operated by the Regional Park District. It was agreed that after procuring more information on the subject, a meeting would be arranged with Mr. William Penn Mott, Jr., General Manager of the East Bay Regional Park District. 12. From Mr. Frank A. Gottstein, 731 Haight Avenue, suggesting it was Mrs. Freeman's turn to be ._Mayor of the City of Alameda. The letter was ordered filed. 13 From the Executive Committee of Alameda Chamber of Commerce, signed by Mr. A. H. Ainslow, First Vice President, expressing agreement with the recommendation of the City Planning Board that a Use Permit be required for the establishment of a gasoline service station in the "C -2 ", Central Business District. The communication was to be acknowledged and referred to the file on the subject for consideration at the time of the Hearing before the City Council. 14. From Mr. William P. Stier, 1623 Moreland Drive:,, with respect to his request made at the last Council meeting that the parking meters in the Webster Street area be "hooded" for a trial period of six months, in the belief that business would be benefitted thereby. The President referred to the memorandum dated April 10, 1963, from Mr. Way, Acting City Attorney, setting forth the legal requirements and procedure which would have to be followed. It was pointed up that these steps would make it practically impossible to comply with the request. Councilman McCall suggested further investigation might be made with regard to the leasing of the Webster Street Parking Lot. However, it was developed that the Webster Street merchants, themselves, did not seem to be in full accord with Mr. Stier's proposal and it was requested that Mr. Way send a copy of his memorandum, plus a copy of the 1961 opinion by the late Mr. Annibale pertaining to the question of leasing said parking lot, to Mr. Stier, and then await further word from the merchants. ORAL COMMUNICATIONS: 15. Mr. V. J. Assetto, 1311 Hansen Avenue, read in full a prepared statement relating to the City Manager's recent request for the resignation of Mr. Schoenfeld, Planning Director. He also person- ally requested assurance that a properly qualified Planning Director would be employed by the City by July 1, 1963, the effective date of Mr. Schoenfeld's resignation. Upon request, Mr. Weller stated he would hope to have such an officer employed by said date but he could not at this time guarantee it. He emphasized that under the Civil Service regulations and job classification qualifications there are certain requirements which have to be met in any position of authority in the City and they would be met in this case. Mr. Assetto contended that he was fearful the citizens' interests would not be protected by having a professional planner on the job at the proper time. The President assured him that everything would be. done which could be done to resolve this matter as soon as possible. 16.., Mr. Frank Gottstein, 731 Haight Avenue, reiterated his complaint about the absence of the dis- p„lay of decals on the out -of -town business trucks and felt many firms were doing business in the City without having paid the proper license fee, at the expense of the local merchants. He also objected to the Council meetings being held in any place but the Council Chamber. 17. Mr. Robert 0. Lippi, President, Alameda Homeowners Association, 1201 St. Charles Street, read in full a prepared statement dated April 17, 1963, also relative, to the requested resignation of the Planning Director. 18. Mrs. Inez Kapellas, 1610 Encinal Avenue, questioned the procedure of administering the Oath of Office to the elected officials of the City. She also inquired about the time of convening the Council meetings at 7 :30 o'clock. Further, she contended that any interested citizen has the right to speak on any subject under "Written" as well as "Oral" Communications, Upon request, Mr. Way stated it was his opinion that the time of swearing in the newly elected offi- cials was entirely proper. Also, the hour of convening the regular Council meetings was set by ordinance properly adopted by the Council. Further, Mr. Way explained that the Chair has the dis- cretion to allow anyone to speak during a Council meeting and also the Council, itself, has the prerogative to waive procedural requirements. Nevertheless, he felt the proper procedure was for anyone to address the Council only under "Oral Communications" on any item of business then before the Council or on any written communication which has been presented. 78 19. Mr. G. N. Pope, 1820 Bay Street, asked if Councilman Freeman had any comment to make on his reque st.for an inquiry to be made by the Council concerning the dismissal of the Planning Director. Councilman Freeman stated she would like to have the Council inquire into this matter. She agreed it should not be discussed publicly but felt a personnel session of the Council could be held for this reason. The President pointed out the Council had already discussed the matter with the City Manager and Mrs. Freeman was entitled to inspect the personnel file involved if she desired to do so and discuss the situation with Mr. Weller. 20' Mrs. Carol Hoisington, 1335 Burbank Street, stated she had attended many meetings of the Council merely as an interested citizen of the community and wanted to go on record as being in full accord with the City Manager's action concerning the Planning Director. 21. Mr. Herbert Shelmadine, 835 Laurel Street, addressed the Council at length concerning the general procedure of Council meetings and other items pertaining to the administration of City government. He also expressed interest in the Charter Revision Committee and the subsequent Hear- ings which would be held on the proposed revised Charter. REPORTS OF OFFICERS, BOARDS, ETCETERA: 22V From City Planning Board, signed by the Secretary, concerning the beautification of the north- erly vehicular approaches to the City, particularly Park Street - and recommending the Council request the inclusion of $2,000. in the 1963 -64 Budget for the planting of trees on both sides of Park Street, as designated in its letter of April 9, 1963. Upon request, Mr. Weller pointed out there was no question about the propriety of the proposed improvement but it was simply a question of uniformity of policy. He stated that almost exactly the same type of project was undertaken within the last year on Webster Street for which the abut- ting property owners paid the cost. He felt the policy in all such projects should be uniform. It was suggested that possibly the Alameda Chamber of Commerce could be requested to approach the affected property owners on Park Street to inquire if they would be willing to undertake such a project, as did the Webster Street people. Mr. Weller stated Mr. Hanna had been the liaison in the Webster Street project and suggested that he work with the "Chamber" in this direction to ascertain if such a program might be possible. Mr. Hanna was asked to proceed along this line and report back to the Council as soon as possible. 23'/ From City Planning Board, signed by the Secretary, recommending approval of proposed amendment to Sec. 11- 1334(a) and to Sec. 11 -1335 by adding a new Subsection (e) to Ordinance No. 1277, New Series (Zoning Ordinance), which would require the granting of a Use Permit for the establishment of gasoline service stations in certain Commercial Districts. The Hearing on this matter was set for the next regular meeting of the Council, to be held May 7, 1963. 24 ) From City Manager, with regard to the purchase of a used Track Clam Shell for the Golf Course and recommending authorization be given to make said purchase in the open market at the price of $4,250., under provision of Sec. 3 -15 of the City Charter. Councilman McCall moved the recommendation be approved and authorization be granted to make the purchase of this piece of equipment at the price quoted.. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 25. From City Manager, concerning the redemption of eleven Off-Street Parking Bonds in the amount of $11,385. The matter was referred to "Resolutions ". 26.E From Mr. Terry La Croix, Jr., submitting his resignation as a member of the Recreation Commis- sion, effective April 15, 1,963, due to his having been elected to the office of City Councilman. Councilman McCall moved Mr. La Croix's resignation from the Recreation Commission be accepted. , The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None. President Godfrey remarked that the citizens of Alameda were indeed indebted to Mr. La Croix for the fine work he had done during the many years he had served on the Recreation Commission and it would be difficult to replace him. He asked that a letter of thanks be written to Mr. La Croix in recognition of his service. 27. From Mr. Raymond E. Waterlow, submitting his resignation as a member of the Social. Service Board, effective immediately, due to his moving from the City of Alameda. Councilman Rose moved Mr., Waterlow's resignation be accepted with regret and a letter of appreciation for his service to the City be sent to him. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 28. Councilman McCall introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (19) and (20) to Section 17 -442 Thereof, Relating to Electrically Operated Traffic Control Signals." (Intersections of Broadway and Otis Drive and .Central Avenue and Webster Street) RESOLUTIONS: 29. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6458 Approving Proposed Budget for Engineering Funds Pursuant to Section 2107.5 of the Streets and Highways Code -- Fiscal Year 1963- 1964." 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. 30. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6459 Adopting Specifications for Furnishing to the City of Alameda Three (3) New, 8- Cylinder, 4 -Door Sedans, 1963 Models with Automatic Transmission, for the Police Department, 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. 31. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6460 Resolution of the Council of the City of Alameda Supplemental to Resolution No. 5312, Directing Bank of America N. T. & S. A., Fiscal Agent Under Said Resolution No. 5312, Section 5.08(6)(c) to Deposit Certain Surplus Revenue Funds in the Series A Sinking Fund (Off - Street Parking Revenue Bonds)." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 32. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6461 Resolution of the Council of the City of Alameda in Memoriam to Lyle William Hunt, Sr. (Police Officer). "WITH HEARTFELT SORROW, the Council of the City of Alameda records the death of one of its loyal employees, LYLE WILLIAM HUNT, Sr., Police Officer of the City of Alameda. "WHEREAS, Officer Hunt had been employed by the City of Alameda on December 7, 1942, as a Patrolman in the Police Department and had subsequently been assigned to the Traffic Division in which he was serving at the time of his sudden death; and "WHEREAS, Officer Hunt wa's ever conscientious and dependable in the performance of his duties and was most cooperative, and friendly with all of his fellow workers, who have been saddened by the loss of their Brother Officer. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of Officer Hunt's faithful service during the twenty -one years of his City employ, the Council of the City of Alameda does hereby express its sense of personal loss and its gratitude for the personal integrity of this fine man which was manifest in his work and amicable relations with all of his associates. "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 Officer Hunt in order to extend to its members a sincere expression of sympathy in their bereavement; and "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 OFFICER LYLE WILLIAM HUNT, Sr." 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: 33. Auditor's Financial Statement - City of Alameda, as of March 31, 1963 - Verified by Hackleman & Larzelere. 80 34. Specifications and Provisions No. MS 4-63-6 - Furnishing Three (3) Sedans for the Police Department. BILLS: 35. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $67,501.46, 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 April 16, 1963, 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: 36. There being no further business to come before the meeting, the President called up the audience for a moment of silence in respect to the,memory of Officer Lyle William Hunt, Sr., after which the Council adjourned - to assemble in regular session on Tuesday evening, May 7, 1963, at 7:30 o'clock. Respectfully submitted, - / Ci rk EXCERPT FROM RECORDED PLATTER OF THE REGULAR MEETING OF THE CITY COUNCIL HELD APRIL 2, 1963 (In connection with Resolution No. 6456) Speaking on the question, Councilman Rose remarked that inasmuch as Ir. Monasch has stated the Redevelopment Agency has no plans for doing anything in the Park Avenue area which encompasses Jackson Park, would it be possible to delete the Jackson Park area from the "Plan" - or was there some reason why it should remain in there. Mr. Monasch replied that it was certainly possible to delete it. However, for technical reasons, he would advise against it. First of all, at this point, all the Agency was doing was designating an area within which it could spend monies for study. Eventually, the Council must specifically authorize an area within which the Agency could carry out a project. At that point, any additions or deletions could be made. In the meantime, however, the Aency could find out if any money was needed to be spent in this area and how it would affect the total cost of the budget, etcetera. Mr. Monasch emphasized that, at this time, the Plan was purely for study purposes. Councilman Rose also asked Mr. Monasch if he shared Mr. Pope's fear that the Government might step in there with any requirements for this area - to which Mr. Monasch answered, "No, Sir".