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1963-07-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY.OF ALAMEDA HELD TUESDAY EVENING, JULY 16t 1963 The meeting convened at 7:45 o'clock p.m. with President Godfrey presiding. The Pledge of Allegiance was led by Councilman McCall and was followed by an inspiring Invocation delivered by The Reverend Father Rolando Juarez, Assistant Pastor of St. Joseph's 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 July 2, 1963, and adjourned regular meeting held July 3, 1963, were approved as transcribed. WRITTEN COMMUNICATIONS: 2/ From Mrs. Etta S. Pendergast, 2069 Central Avenue, expressing her gratitude to those interested in helping her get her Flagpole repaired. The Clerk was instructed to acknowledge the letter. ORAL COMMUNICATIONS: 3/ Mr. Lynn H. Wolcott, 1609 Broadway, referred to the recent discussion by the Council of proposed salary increases for City employees and inquired if they had gone into effect.' President informed Mr. Wolcott that said salary increases - had become effective on July 1. 4•/ Mr. Frank Gottstein, 731 Haight Avenue, spoke of the low water level in the lagoon system, with particular reference to the section in the vicinity of Portola Avenue. He felt that while the water was so low, Utah Construction & Mining Co. should dig out the channel in this area and dump the sand on the high land in this portion of the South Shore before any development took place. He remarked that this would then give adequate water depth for boating after the improvements had been made. Upon request, City Engineer Hanna explained that the lagoon system had been constructed to specific elevations, slopes and shapes which had been agreed to and had been adhered to in the configuration of the land underneath the water. Mr. Gottstein also referred to the disgraceful condition caused by traffic congestion in the new PoseyTube. He stated there was no police officer available to direct traffic in the event of a stall for any reason because there was apparently no way for anyone to call an officer. He-felt something should be done to provide means to notify the police in the event of emergencies within the Tube. Mr. Gottstein spoke, too, about the poor approach pattern on the Oakland side of the Tube and urged that a letter be sent from the Alameda Council to the Oakland Council to improve this situation before both Tubes were.in operation. 5.v Mr. G. N. Pope, 1820 Bay Street, protested against the City appropriating certain funds for the Alameda Chamber. of Commerce. He felt the Chamber, itself, should be able to raise more of the money needed for its budget. He referred to the apparent apathy on the part of the citizens in attending the public meetings of the Citizens' Committee on Charter Revision and thought it had been•, caused by the fact that no oral participation from the audience had been allowed during the course of the Committee's discussions while reviewing and preparing the proposed new Charter. It was pointed out to Mr. Pope that the Committee had merely requested that any comments or sug- gestions,:be submitted in writing and then the Committee would be able to consider them. Mr. Pope stated he was pleased to report that last year the City of Alameda improved its position in the statewide comparison of tax rates among cities because there were now twelve cities which had a higher rate than the present $2.40 in this community. He urged that the Council scrutinize the City Budget very carefully and try to maintain at least its current position and not increase the tax rate for this fiscal year. REPORTS OF OFFICERS, BOARDS, ETCETERA: 6. At this time, Councilman Freeman requested permission to be out of the State on her vacation for a period of approximately six weeks. She said she would be present for the first Council meet- ing in September. There being no objections, it was so granted. 7. From City Planning Board, signed by the Acting Planning Director, Robert L. Venable, recommend- ing the adoption of proposed amendments to the Alameda Municipal Code (Zoning Ordinance Section) relating to rear yard coverage regulations. It was the consensus of the Council that the Public Hearing on this matter would be held at the regu- lar meeting of August 20, 1963. 8. " From the Mayor, appointing Mr. Joseph T. Barry, Jr., as a member of the Redevelopment Agency for the term commencing August 15, 1963, and expiring August 14, 1967, subject to Council approval. Councilman Rose moved the Council approve the appointment of Mr. Barry, Jr., as a member of the Redevelopment Agency for the designated term. The motion was seconded by Councilman McCall and on roll call carried.by the following vote. Ayes: Councilmen Freeman, La Croix, McCall, Rose and President Godfrey, (5). Noes: None. Absent: None. The President noted the presence of Mr. Barry in the audience and publicly thanked him for accepting this important appointment. He then presented Mr. Barry .. who, in turn, introduced his lovely wife, Pamela. Mr. Barry expressed his appreciation for the honor of this appointment. 9.. From the Mayor, nominating Mr. Al F. Blanchard as a member of the Recreation Commission for the term commencing September 1, 1963, and expiring August 31, 1966. The matter was referred to "Resolutions ". 10Y From the City Manager, requesting authorization to retain Mr. Donald Way as a consultant, to perform services of City Attorney for the period from July 15 through August 4, 1963, at a fee not to exceed $500., plus any travel expenses necessary. The President stated Mr. Way had agreed to make his services available until the new City Attorney could take office. Councilman Freeman questioned the necessity of employing legal counsel and stated she believed the amount specified was excessive for what need there might be ,during this period. Upon request, Mr. Weller explained there would probably be several times a day when legal advice would be sought from Mr. Way by telephone due to requests coming from various Department Heads, He said he would antie,ipate that Mr. Way would be coming to Alameda on weekends to sign or prepare necessary papers during this interim period. Mr. Weller also felt that Mr. Way was familiar with the City and its Departments and their problems and anyone else would not be in such position and, therefore, could not provide the required service. Mr. Weller strongly advised against trying to "get by ",without any arrangement for legal services during this three -weeks period as there was always the possibility of something coming up which would necessitate competent legal advice. He thought, under the circumstances, Mr. Way was the best qualified to provide such counsel. He remarked that he had cleared this matter with the City of Salinas and it was entirely willing to make Mr. Way available to the City of Alameda. Councilman McCall moved the Council authorize legal consultant to perform the services of Ci at the fee set forth, plus any travel expenses the City Manager to retain Mr. Donald Way as the ty Attorney for the interim period as designated and necessarily incurred. The motion was seconded.by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 11./ From the Recreation Commission, signed by, Mr. Al Blanchard, Chairman, concerning public use of the Alameda Memorial State Beach. The communication was accompanied by a letter dated June 28, 1963, from the Division of Beaches and Parks,.signed by Mr. J. T. Chaffee, District Park Superintendent. There was considerable discussion of possible arrangements for interim group supervised use of this area for recreational activities as soon as possible. It had been requested by the State Division of Beaches and Parks that the Council indicate whether or not it would accept the use of chemical toilets since sanitary facilities would have to be provided in either restricted or unrestricted use of the area. This would be the initial step toward reaching a mutual understand- ing of intent in terms of the City Council's thinking and objectives to be reached at Alameda Memorial State Beach. There being no objection, the President stated the matter would be referred back to the Recreation Commission to discuss this interim program with the State Division of Beaches and Parks, the Council having agreed it would be willing to have the State install the necessary chemical toilets. 12. From the Recreation Commission, signed by the Chairman, with regard to the naming of the park site adjacent to Lum School. It was pointed out the subject raised the question of policy with regard to the use of names of persons associated with the community, nationally oriented names or some other disassociated names - and no pattern had been set in the past naming of parks. Therefore, if the Council were to consider naming this park after a living person, the Commission respectfully suggested that the name of Otto C. Rittler be given this area. The Councilmen thought the name of Otto C. Rittler Park was an excellent idea in view of Mr. Rittler's background in the City of Alameda as a teacher in the Alameda School System, as the Director of Recreation for the City and as one who for approximately fifty years had done a great deal in the field of recreation and athletics. It was thought this would be a very appropriate tribute to Mr. Rattler. Councilman La Croix then moved that the suggestion of the Recreation Commission be approved and this area be named "Otto C. Rittler Park ". The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. With regard to the Council establishing a policy in the use of names for future sities, the President stated he felt the Council was not necessarily "for or against" the names of outstanding citizens in the community. He suggested that, in the future when such occasions arise, the Recreation Commission should appoint a committee to check into prospective names. Perhaps the Council should, at the same time, appoint a committee to meet with the Commission's committee to determine upon the most suit- able name for any such public facility, and submit its recommendation to the Council. During the discussion, it was brought out that any policy established by the present Council was not binding on future Councils. Councilman La Croix then moved that a letter be written to the Alameda Recreation Commission informing it of the policy of the Council as suggested by the President with regard to the naming of future parks. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Councilmen Freeman, La Croix and President Godfrey, (3). Noes: Councilmen McCall and Rose, (2). Absent:: None. INTRODUCTION OF ORDINANCES: 13. 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 Amending the Alameda Municipal Code by Adding Thereto Subdivision (38) of Section 17 -333, Relating to Limited No Parking." (East side of Service Road along Main Street between Pacific Avenue and Brush Street) UNFINISHED BUSINESS: 14.°" The matter of the appointment -of the new .City.Attorney was presented and Councilman McCall moved that Mr. Frederick M. Cunningham be appointed City Attorney of the City of Alameda, effective August 5, 1963, at the salary of,$1,338. per month. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The City Clerk administered the Oath of Office to Mr. Cunningham, who was then warmly welcomed to the Official Family of Alameda by President Godfrey on behalf of the City Council. Mr. Cunningham responded with thanks and introduced his charming wife, Alta, and his lovely children, "Freddie" and Theresa, all of whom were greeted with hearty applause. 15K-At this time, Councilman Freeman referred to.a recent donation by the Alameda Triangle Club of gun racks for two of the police patrol cars and stated she wished to express thanks therefor. NEW BUSINESS: 16." Councilman La Croix spoke of the fact that in the past certain streets had been named in honor of citizens who had lost their lives in military service. He inquired what was to happen to these names when the streets were to be abandoned. He felt the recognition and remembrance of these citi- zens should be carried on in some manner in the City. The President asked Councilman La Croix to consult with the City Manager and the City Engineer on this question. RESOLUTIONS: 17. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6501 Adopting Budget for Expenditure of Funds Allocated from the State Highway Fund to Cities." 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. 18. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6502 Appointing Member of the Housing Authority of the City of Alameda." (Vernon S. Yallop) 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. 19.E The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6503 Appointing Member of the Recreation Commission." (Alvin F. Blanchard) 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. 20. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6504 Appointing Member of the Recreation Commission." (Daniel J. Rourke) 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. 21. The following resolution was introduced by Councilman.Freeman,uho moved its adoption: "Resolution No. 6505 Resolution of the Council of the City of Alameda In Commendation and Appreciation of Dr. Donald D. Lum for His Service to the City." 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. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 22. "Ordinance No. 1432, New Series An Ordinance Authorizing the Acquisition of Certain Real Property for General Municipal Purposes (Southwest Corner Otis Drive and Willow Street -- Utah Construction & Mining Co. -- .793 Acres)." Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Coun- cilman Rose. Speaking on the question, Councilman Freeman inquired of the City Engineer if this land was within the area -covered by the Salt Marsh and Tidelands Map No. 2, and Mr. Hanna answered in the affirmative. The question was then put, and the motion carried on the following roll call vote. Ayes: Council- men La Croix, Rose and President Godfrey, (3). Noes: Councilmen Freeman and McCall, (2). Absent: -None. Later in the meeting, Councilman Freeman stated she would like to change her vote on this matter to a "Yes" vote. Therefore, there being no objections, the ordinance was passed on a roll call vote as follows: Ayes: Four. Noes: Councilman McCall, (1). Absent: None. 23. "Ordinance No. 1433, New Series An Ordinance Amending the Alameda Municipal Code by Repealing Subdivisions (2) and (3) of Section 17 -242 Thereof, Relating to Prohibition of Left Turns." Councilman Rose 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: Five. Noes: None. Absent: None. 24. "Ordinance No. 1434, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (33) Through (37) to Section 17 -333 Thereof, Relating to All Time No Parking." Councilman McCall expressed his disapproval of this restriction which would prohibit even the resi- dents from parking in front of their homes in the area affected. During the course of the discussion on the subject and in response to a request for clarification, Mr. Hanna explained the objective of the parking prohibition in accomplishing proper flow of traffic at the intersection of Otis Drive and Broadway. Councilman La Croix then moved the ordinance be passed as submitted. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Councilmen Freeman, La Croix, Rose and President Godfrey, (4). Noes: Councilman McCall, (1). Absent: None. 25. "Ordinance No. 1435, New Series An Ordinance Authorizing the Conveyance by Quitclaim Deed of Portions of Certain City - Owned - Public Utilities Easements to Assurance Finance Co., a California Corporation." Councilman Rose 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: Councilmen La Croix, McCall, Rose and President Godfrey, (4). Noes: Councilman Freeman, (1). Absent: None. FILING: 26. Auditor's Financial Statement - City of Alameda, as of June 30, 1963. BILLS: 27. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $24,984.42, 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 July 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: 28. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, August 6, 1963, at 7:30 o'clock. Respectfully submit ted, y Clerk 125