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1970-11-17 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY NOVEMBER 17, 1970 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman Longaker and was followed by a most inspiring Invocation delivered by Captain Robert A. Bonner, Chaplain at the Naval Air Station. ROLL CALL: The roll was called and Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held November 3 and the special meeting held November 13, 1970, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mr. John J. Barni, 1364 East Shore Drive, requesting that the City Council place on the "urgent" list for consideration the following: a new Civic Center, updating the City's license structure, inequities in taxation and correction of property boundaries where needed. President La Croix commented on the points raised by Mr. Barni. He stated a study by the City Manager was underway on the subject of a new Civic Center and a preliminary report thereon should be ready for sub- mission to the Council in December. With regard to the question of the license structure and the relationship of fees to the services rendered by the City for the sums extracted, he said businesses paying license fees were in essence the sales tax collectors for the City and thereby were rendering a service. President La Croix stated he did not believe the business license ordinance was the best possible for the City. He said the League of California Cities had model ordinance which might be studied and that he had discussed the subject with the City Treasurer, who would be vitally concerned with any extensive revision of the Ordinance, along with the City Attorney. He requested comments from the Council as to whether it was considered necessary to take any steps on this question at the present time. Councilman Levy stated he felt the formula used by the City for collecting business license fees was a very fair one; it did not discourage businessmen from doing business in the City. He suggested if the fees were to be increased at the present time of depressed business conditions, prospective business people might be discouraged from coming into the City, and it would work a hardship on the established firms. He said he felt there should be no attempt to make a change at the present time. President La Croix remarked on Mr. Barni's suggestion that the Council submit objections to the County Assessor with regard to the manner in which properties in the City of Alameda were assessed. He stated he knew there were inequities throughout the County but that it had been found there was not much one could do except to call the situation to the attention of the County Assessor and hope corrections would be made. There was some discussion with regard to the suggestion that the City correct discrepancies in property boundaries. City Manager Weller stated he would not disagree with the statement that there were many pieces of property in the City on which the boundary lines were not as recorded. He said he felt the question was the cost of a complete resurvey and, in an overwhelming number of cases, the resulting legal complications and law suits which would take place over matters which, in most instances, were not significant. He said he felt the present procedure of calling for an independent survey and correcting the individual error immediately was an adequate one. He estimated the cost of a complete resurvey of all parcels in the City would be several hundred thousand dollars which would undoubtedly and inevitably result in some instances where public streets would be found to be on private property and vice versa. He suggested, as a practical matter, that no real purpose would be served. President La Croix thanked Mr. Barni for his letter and expressed the concern of the Council with regard to the questions he had raised. 3. From F. W. and J. C. Decker, 1235 Bay Street, with regard to a fence under construction at 1118 San Antonio Avenue exceeding the six -foot height limit and encroaching into the public right of way. President La Croix called attention to the memorandum on this matter from the City Engineer stating, if the wall was to remain, the encroachment of 9 -1/2 inches into the right of way of San Antonio Avenue should be by permission of the City Council. It was explained that the Planning Department had felt the proper interpretation of the City's six -foot fence height limit would be to average the inside and outside elevations and permit six feet above that point. There was some discussion with regard to the construction. Mr. Hanna stated he felt there had been an honest mistake on the part of the surveyor and the owner had followed the surveyor. The City Inspector had caught the height excess but not the encroachment. In reply to a question by Councilman McCall, Mr. Hanna said he did not feel an unsafe condition was caused by the encroachment. Upon advice of the City Attorney, Councilman Fore moved the property owner be informed if he wished to continue the encroachment he must obtain a permit from the City Council to do so, and that one of the condi- tions would be some sort of indemnity insurance, to be approved by the City Attorney, protecting the City 169 against liability by reason of the existence of the encroachment. Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 4. v/ From nine residents of the 300 -block of Pacific Avenue, protesting unsanitary conditions on property known as 314 Pacific Avenue. On request, Mr. Hanna reported the owners of the subject property had been advised by the Health and Fire Departments that they must correct the conditions immediately or the matter would be presented to the Prose- cuting Attorney for action. He said a joint inspection of the entire premises would be conducted as there were indications of other violations. Mr. Hanna was requested to keep the Council informed of progress in this problem. The protestants were to be informed of the steps being taken to correct the situation. ORAL COMMUNICATIONS, AGENDA: 5.'>''` Mr. John J. Barni, 1364 East Shore Drive, addressed the Council with regard to his communication. He said he wished to point out again that the Business License Ordinance under which the City operated was adopted in 1956 whereas property taxes continually rose. He protested that several business establishments paying a Business License fee of $15 per year caused much of the debris gathering on the City streets and he expressed the opinion that these firms should be charged a higher fee to take care of the expense to the City of cleaning up this refuse. He protested that these people were permitted to operate in this fashion in violation of the anti - litter regulations and nothing was being done about the situation and contended the operations of these establishments should be investigated. It was pointed out the City Business License Ordinance is provided for the purpose of producing revenue rather than for regulation, and it is not related to the cost of enforcement or regulation of businesses. The question as raised was therefore not appropriate. Mr. Barni also spoke of the complaint by Mr. and Mrs. Decker with regard to the fence or wall at 1118 San Antonio Avenue exceeding the regulation height and encroaching into the public right of way. He stated the property owner had in good faith taken out a Building Permit and had the lot surveyed. He said he felt the owner should not be put in a position which would cause him any hardship in an endeavor to correct an honest mistake. Mr. Hanna, on request, explained that in cutting the large lot into smaller parcels in this property division, the land was surveyed and new stakes put in. The stakes along San Antonio Avenue had been improperly placed. It was explained that the fence would be allowed to stand with certain stipulations which the property owner would be required to meet. It was not felt this would cause him any great problem. 6. Mr. Frank Gottstein, 731 Haight Avenue, expressed the opinion that many businessmen come into the City for the sole purpose of getting what they can out of Alameda. He said there were many problems hurting the businessmen but they were not interested in bringing them to the attention of the City. One of these, he contended, was the matter of routes in and out of Alameda. 7. President La Croix, at this time, recognized and welcomed Mrs. Helen Fore, wife of Councilman Fore, Mrs. Anne Diament, member of the Housing Authority of the City of Alameda, and her husband Richard, of Senator Sherman's office. REPORTS AND RECOMMENDATIONS: 8. From the Acting - Auditor- Assessor, requesting refund of certain taxes erroneously levied and collected. The matter was referred to "Resolutions ". UNFINISHED BUSINESS: 9. #¢ President La Croix brought up the matter of revising the ordinance regulating the City's bicycle auctions, conducted by the Treasurer's office. He stated copious information had been compiled on this subject and it was felt action could be taken so that youngsters with limited funds could compete and purchase a good bicycle inexpensively. President La Croix stated he had consulted the City Treasurer on the subject. Mr. Barneich had been reluct- ant to move on this proposal as he felt there were many roadblocks to properly conducting the auction under the revised procedure proposed in a study by Assistant City Manager John D. Goss after questioning the involved City departments. Mr. Barneich had stated, if the Council should establish a new ordinance with a program for this type of auctioning, he would certainly abide by it. City Attorney Cunningham enumerated the many objections raised by Mr. Barneich, from a practical standpoint, to conducting an auction under the proposed setup. He said he would be glad to draw up an ordinance but he felt it would not be possible to draft anything other than in the most general terms which would be satisfactory to the Treasurer. He pointed out that severe practical problems remained which should be resolved before the ordinance was enacted. Councilman McCall suggested that the .sale of bicycles should be separated from auction of other items con- fiscated and picked up by the Police. Mr. Goss was instructed, through the City Manager, to work with the City Attorney and the City Treasurer to draft an ordinance on this program for consideration by the Council. It was hoped this would be ready for submission at the next regular meeting on December 1. 10. Councilman McCall remarked that, with the information received on the construction of a new Fruit - vale Bridge, information had been included that the Bridge would be closed for a year but nothing had been received from BART or the A -C Transit District as to how residents of Alameda would get to the Fruit - vale station. He said he would like to have an answer to this question by the next meeting of the Council, or at least the one following, as he felt the people of Alameda deserved to be informed on this question. 11. Councilman McCall commented that he understood a new Post Office would be constructed on the South Shore and the present Office would be a substation. He expressed the opinion that the City Council, as elected officials, should have the confidence of the elected legislators, whether they be in Congress, the State Assembly or Senate, or the County Supervisors, so that it would be informed of decisions on matters of interest to the City prior to the general release of information. 12.'x" Councilman McCall called attention to the news article in the Oakland Tribune that evening that the A -C Transit District would retain the express bus service from Alameda to downtown Oakland and San Fran- cisco. He noted the statement made by the Board of Directors of the District that unless BART could guarantee it could provide faster service, A -C would continue with the express lines for those communities which had the service at the present time. He said it was indicated that hearings would be held and he felt it behooved the Council to support the A -C Transit position in this matter. He urged that the Council take action, to be presented to the Board of Directors of the Transit District by letter, that it would not be necessary to hold a hearing in the City as he was sure the citizens desired the express service. President La Croix said he would differ only to the extent that he felt a hearing should be held in order that the citizens of Alameda might hear first -hand the plans of the District and any questions might be answered. This was agreeable to Councilman McCall but he said he felt the Council should take affirmative action on this subject so that the residents of the City would not have any less service than they wete receiving at the present time. Councilman Longaker suggested City representatives should attend the meetings of the Transit District Board of Directors to make known the needs and position of the City. It was pointed out that these should be presented at the hearings on the matter. RESOLUTIONS: 13.r The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7693 Appointing Member of the Recreation Commission." (Harold T. Tebaidi) The motion to adopt said resolution was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 14. } The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7694 Appointing Member of the Recreation Commission." (Robert G. O'Maley) The motion to adopt said resolution was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 15. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7695 Ordering. Cancellation and Refund of Personal Property Taxes Erroneously Levied and Collected." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 16. President La Croix stated with the untimely passing of Mr. Italo A. Calpestri, Jr., City Auditor - Assessor, a vacancy had naturally occurred in the office, and the Council had felt very strongly that a successor should be appointed as soon as possible. He said he felt it had come up with a fine and out- standing man within the City offices to fill this position. The following resolution was then introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7696 Appointing Raymond D. Martin Auditor and Ex- Officio Assessor of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Mr. Martin, who had been serving as Deputy Treasurer, ex- officio Tax Collector of the City, was then intro- duced and received a hearty round of applause. President La Croix stated he would continue to serve in the Treasurer's office until January 1, 1971, when he would officially take over the position of Auditor, ex- officio Assessor. Mr. Martin then introduced his charming wife, Dell. ORDINANCES FOR PASSAGE: 17. "Ordinance No. 1637, New Series Amending the Alameda Municipal Code by Amending Section 2 -532 and Adding Section 2- 534.1, Relating to Employees' Sick Leave Benefits." Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. "Ordinance No. 1638, New Series Amending the Alameda Municipal Code by Adding Subsection 13 (a) to Section 17 -344.1 and Subsection (58) to Section 17 -333 Thereof, Relating to Parking Regulations." Councilman Levy moved the ordinance be passed as submitted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. BILLS: 19. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $45,055.60, 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 Levy moved the bills as itemized in the List of Claims filed with the City Clerk on November 17, 1970, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 20.' ;`, Mr. Frank Gottstein, 731 Haight Avenue, stated he had applied for a permit to install a water heater and sent to the City Plumbing Department a check for $3 to cover the fee. He had been informed that the charge was only $1. Mr. Gottstein stated surrounding cities had charges of $3 and $5 and expressed the opinion that the City of Alameda should raise its fees accordingly. He said he felt this was important as many heaters were bootlegged in. This was a dangerous installation so inspection was very essential and his reason for bringing up the matter was that if the City would impose charges similar to other cities it could afford to pay the Inspector more or get assistance for him. President La Croix said he hoped Mr. Gottstein, in his inference, would not leave the thought that incidents of this kind happened only in the City of Alameda, as it was known there were inequities. It was pointed out that the fees collected would not pay more than a small portion of the salary of the Inspector. Mr. Gottstein repeated his opinion that there should be an attempt to get a bridge over the estuary between Park and Webster Streets, because of the great distance between these streets, President La Croix pointed out the location of the bridges in the City were somewhat traditional. He sug- gested Mr. Gottstein contact the Chamber of Commerce on the subject as it had committees to which the suggestion could be referred. Mr. Gottstein also suggested the City proceed with plans for the Eighth Street approach to the Tube. The President requested that the City Manager submit a report with regard to fees for plumbing inspections and permits. 21.' Councilman Longaker commented on the communication received from Captain Holbrook of the U. S. Navy with regard to the problem of noise from operations at the Naval Air Station. It was stated the Naval Air. Rework Facility had just achieved a rather important breakthrough in curtailing the noise, which had been reduced from 80% to 90 %. There was to be a press conference type meeting at the Station on November 23 when this suppressor would be evaluated for the public. The members of the Council were invited to attend. President La Croix pointed out there were many things being done by the military to remove pollution from the area and, hopefully, the work would continue. MEMORIAL RESOLUTION: 22. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7697 Resolution of the Council of the City of Alameda in Memoriam to Italo A. Calpestri, Jr., City Auditor. "WITH GREAT SORROW, the Council of the City of Alameda records the death of one of its loyal elected officials, ITALO A. CALPESTRI, JR., Auditor and ex- officio Assessor. "WHEREAS, Mr. Calpestri had been appointed by the City Council on October 1, 1964, to fill a vacancy in the office of City Auditor, had then been a candidate for office and 2 was elected to this post in the General Municipal Election held March 9, 1965, and subse- quently re- elected to this important office in March of 1969; and "WHEREAS, Mr. Calpestri had been most proficient in the conduct of his office, mindful of the importance of impartial judgments in carrying out his duties and in the maintenance of excellent public relations; and "WHEREAS, Mr. Calpestri had been a cooperative and affable person, admired and respected by his fellow employees, officials and the citizens of the community. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda, in acknowledgment of his integrity and application of his expertise to the responsibilities of his office for the mutual benefit of the City and its citizens, does hereby express its gratitude for the noteworthy service rendered by Mr. Calpestri, and its sense of personal loss in his passing. "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 Mr. Calpestri in order to convey to its members sincere sympathy in their bereavement. "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 ITALO A. CALPESTRI, JR., whose many friends and associates have been deeply saddened by his untimely demise." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Councilman McCall said he felt the members of the Council had known how fortunate they were to have the opportunity to interest a Certified Public Accountant with the reputation Mr. Calpestri enjoyed to accept appointment to the office of City Auditor. He felt it was wonderful that Mr. Calpestri and his wife had been able to make several nice trips to Europe before his sudden last illness and passing. President La Croix remarked that these were deeply felt losses in City Hall and the void would be felt for a long time by those who had worked with "Cal" for several years. The President then declared the foregoing Resolutions adopted. President La Croix requested that all stand for a moment of silence in observance of the passing of Mr. Calpestri. ADJOURNMENT: 23. There being no further business to come before the meeting, the Council adjourned in respect to the memory of ITALO A. CALPESTRI, JR., City Auditor, to assemble in regular meeting on Tuesday, December 1, 1970, at 7:30 o'clock p.m. Respectfully submitted, City Clerk