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1970-12-01 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - DECEMBER 1, 1970 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman Levy and was followed by a most inspiring Invocation delibered by Rabbi Gunther Gates of Temple Israel. 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 adjourned special meeting and the regular meeting held November 17, 1970, approved as transcribed. 2. President La Croix, at this time,_ recognized and welcomed several Girl Scouts from Troop 2080 of the Naval Air Station, working toward their Active Citizenship Badges, and Mrs. Luden, who accompanied them. WR ITTEN COMMUNICATIONS: 3. From Alameda County Mosquito Abatement District, signed by Mr. E. Chester Robinson, Manager, reques ing that a trustee be appointed to represent the City for a two -year term ending January 2, 1973. The matter was referred to "Resolutions" for the reappointment of City Engineer Mark J. Hanna to the post. 4. y'. From Bay Farm Island Reclamation District No 2105, signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrant No. 172 'in the amount of $50,000 to replenish the revolving fund. This matter was also referred to "Resolutions 5. . From Pan- Pacific Development Company, signed by Mr. William B. Kirkland, Jr,, President, requesting an additional time extension of one year for completion of improvements in connection with the subdivision known as Tract 'No. 3011. City Engineer Hanna, on reques granting the extension. stated here was no disadvantage to the public nor to the individuals Councilman Fore moved the request be granted and a further extension of time of one year from September 1970, be allowed for completion of public improvements in connection with Tract No 3011. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Abstaining: President La Croix, (1). Absent None. 6. '' From Piombo & Mossino, signed by Mr. Ralph L. Mossino, requesting refund of delinquency charges imposed in connection with taxes on certain property at 2112 San Antonio Avenue. Councilman Longaker moved the request be referred to the City Treasurer and the City Attorney for investi- gation and report. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. _ Noes: None. Absent: None. 7. 'n" From Mrs. Frances Rasmussen, 117 Central Avenue, Publicity Chairman of the Alameda Ecology Action group, with regard to garbage disposal problems. Mrs. Rasmussen requested that a law be passed requiring the separation of garbage so that bottles, papers and metals could be recycled. On request, City Attorney Cunningham commented on the contract the City had with Alameda Disposal, giving it exclusive right for collection of garbage. He said one of the considerations would seem to be the cost to the householder for the additional separation pickups. He said he believed some sort of ordinance could be supported but he would hesitate to prepare such a document without knowing some of the implica- tions involved. Councilman Longaker pointed out the Mayors' Conference and the League of California Cities were working on this problem. He expressed the opinion that any action to resolve the problem would have to be done on a regional basis involving the entire Bay Area. The matter was referred to the City Engineer for review and report. 8.r From Alameda Board of Realtors, suggesting a Realtor be appointed to fi11 the vacancy presently exist ing on the Planning Board. Councilman McCall suggested the Board be requested to recommend for consideration by the Council. There being no objections, P the Board of Realtors in this regard. REPORTS AND RECOMMENDATIONS: 9.'` From the City Manager, reporting all work satisfactorily completed on the project of Realignment of the Northeast Corner of Webster Street and Buena Vista Avenue, recommending it be accepted and the Notice of Completion be ordered filed. several names of prospective appointees esident La Croix stated he would contact Councilman Levy moved the recommendation be followed, that said project be accepted and the Notice of Completion be filed., Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: - None. Absent None City Attorney Cunningham pointed out the small piece of property involved in this project had not as yet been acquired, principally because the deeds had been unsatisfactory. However, the difficulty had been corrected and the transaction would be completed very shortly. 10. 1 From the Public Utilities Board, signed by the Secretary, requesting permission to sell certain fire alarm cable and spare parts which had become obsolete since the City had replaced the existing Gamewell Fire Alarm System with an emergency telephone box system through The Pacific Telephone Company. The amount involved would be approximately $17,400. After a brief explanation by City Manager Weller, the matter was referred to "Resolutions". 11. v/ From the City Manager, recommending public improvements in connection with the subdivision known as Tract No. 3174 be accepted and the bond submitted therewith be released. This was on the Lindsey, Galla- gher & Willett condominium development at the intersection of Central and Alameda Avenues. Councilman Longaker moved the recommendation be adopted, that public improvements in connection with said Tract be accepted and the bond be released. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12. From the Planning Board, signed by the Secretary, recommending denial of the petition to rezone from the "R-1", One-Family Residence, to the "R-4", Neighborhood Apartment District, certain property known as 1337 Sherman Street. The Hearing on this petition was set for the regular meeting of the Council on January 5, 1971. 13/ From the City Manager, reporting all work satisfactorily completed on the project of Installing a Subdrain in Yorkshire Place, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Levy moved the recommendation be followed, that the work on the specified project be accepted and the Notice of Completion be filed. Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. NEW BUSINESS: 14. Councilman McCall commented that he had seen an article in the Oakland Tribune, under the heading of the City of Martinez, that the East Bay Regional Park District desired the State Legislature to increase its tax ceiling from ten cents to twenty-five cents. If unsuccessful in its request, the District planned to go to the people for the increase. Councilman McCall expressed his disapproval of the District's operations, stating he felt it had been over-acquiring and not developing property it already had. He also expressed surprise that the City Council had not been informed of the proposal. Mr. Weller explained that the present Board and administration of the District had not been involved in the operations of which Councilman McCall spoke. He recalled the same question had come up at the Mayors' Conference some seven or eight years ago when Mayor Houlihan of Oakland had stated it was time for the District to stop acquiring property and start developing the lands it had, as otherwise the District would be obliged to request a permanent increase in the tax rate. Mr. Weller pointed out the situation had been foreseen and there had been some cities in the County and in the District which had anticipated the precise problem, that the Cities of Oakland and Alameda had voted against the proposition under discussion at that time It was agreed that no action would be taken on the question at the present time. RESOLUTIONS: 15.v The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7698 Appointing City of Alameda Representative on Board of Trustees of the Alameda County Mosquito Abatement District." (Mark J. Hanna) The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7699 Approving Warrant No. 172 of Board of Trustees of Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Four. Noes: President La Croix, (1). Absent: None. 17. tr'' The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No 7700 Cancelling City Taxes on Property Acquired by the Regents of the University of California for Public Purposes." The motion to adopt said resolution was seconded by Councilman McCall call vote. Ayes: Five. Noes: None. Absent: None. ied on the following 18. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7701 Authorizing Amendment of Concession Agreement Between City and George E. Floyd." The motion to adopt said resolution was seconded by Councilman Levy and carried on the following call vote. Ayes: Five. Noes :_ None. Absent: None. The purpose of this amendment was to extend the concessionaire's contract for three years to December 31, 1973. 19. "Resolution No. Authorizing Execution of Cooperative Agreement with State of California Relating to Installation of Traffic Control Signal System and Safety Lighting at Intersection of Haight Avenue with State Highway Route 260 (Webster Street)." It was stated this resolution was to be laid over to the next regular meeting on December 15, 1970, in order that additional information thereon might be furnished to the Council. 20. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7702 Amending Section 2 of Resolution No. 7651 by Amending Paragraphs 3 and 4 Thereof, Relating to Educational Program and Uniform Allowance for Certain Employees." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following call vote. Ayes: Five. Noes: None. Absent: None. 21. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7703 Authorizing Execution of Amendment to Contract No N62474 -67 -C -0153 (Modification P012) Relating to Special Services Furnished by City to U. S. Navy Off- Station Public Quarters." The motion to adopt said resolution was seconded by Councilman McCall and carried on the fo call vote. Ayes: Five. Noes: None. Absent: None. At the request of Councilman Longaker, Mr. Weller explained the formula on which this contract was based, for partial reimbursement for certain specific services rendered by the City. 22. °fi The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7704 Consenting to Sale by Public Utilities Board of Obsolete Personal Property for Sum Exceeding $3,000.00." The motion to adopt said resolution was seconded by Councilman Longaker and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7750 Implementing County 'Topic Fund Group' by Applying Rule 1.c. Thereto, Assigning City Allocations to Coordinating Agent." 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. At this time, there being no objections, the meeting was referred back to "Unfinished Business ". UNFINISHED BUSINESS: 24. Councilman McCall stated he had noted by an article in the Oakland Tribune that the majority members of the Council would receive support from the Board of Directors of BART in opposing the Southern Crossing, because it would be in direct competition to BART, as admitted by three members of its Board. He said it was possible he would attend a meeting in San Jose the following Friday to discuss the subject in opposition to Senator Alquist. The meeting continued in the regular order o° business. INTRODUCTION OF ORDINANCES: 25. Councilman Fore introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." The motion was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Mr. Hanna, on request, explained the changes to be effected by the ordinance in the vicinity of he College of Alameda. BILLS: 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $123,119.90, 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 December 1, 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: 27. Mrs. Lee-Ann Lane, 1425 Union Street, submitted questions with regard to the actual status of the new Fruitvale Bridge and Post Office projects. She expressed agreement with Councilman McCall's contention at the last meeting that the Council should be in the confidence of the County, State and Federal legis- lators and not be forced to second-guess what is transpiring. The history and status of the projects, insofar as the City had been informed, were explained for Mrs. Lane's benefit. 28.V Mr. John Seaborn, 2394 Webster Street, addressed the Council with regard to the letter he had sub- mitted on this date requesting approval of his proposal to operate the ferryboat "Coronado" between Alameda and San Francisco as a commuter service. He said he would have to submit his plans to the Public Utilities Commission but needed to be sure there would be no negative actions or dissent on the operation prior to his appearance before the Commission. Mr. Seaborn stated he had traveled on the ferryboat from San Diego to the Bay Area; it was a good, seaworthy vessel of ample size and a good start for a ferry service on San Francisco Bay. He said he felt this was something which was really needed for the people of Alameda. Mr. Seaborn said the proposed business would be a private enterprise. He said he had been in negotiations for loading sites and piers on both sides of the Bay. It was anticipated that 1,000 people could be transported on the ferry, if no vehicles were carried. It was suggested that Mr. Seaborn meet with the City Attorney and provide any documents Mr. Cunningham might feel should be furnished for examination by the Council, so that further consideration might be given the proposal. Mr. Seaborn emphasized that he was not seeking formal approval at this time, but wanted to be assured as to whether there was anyone in opposition to his plans; if so, he wanted to know it at the present time and not six months hence. Councilman McCall stated he felt the thinking of the A-C Transit District with regard to the proposal should be obtained. President La Croix suggested that Mr. Seaborn obtain such a letter and forward it to the City Manager's office for the Council's perusal. Councilman Levy raised the question of access and egress of automobile traffic, should this service be established. Mr. Weller expressed the opinion that there would have to be consideration given to commuter parking and the possibility that the Transit District would provide service to the terminal. He said he felt the first consideration would have to be substantial evidence of approval in connection with use of properties on either side of the Bay. It was also suggested that Mr. Seaborn obtain approval in principle of the Chamber of Commerce Transporta- tion Committee on his plans. Mr. Cunningham stated he was sure Mr. Seaborn could be very helpful if he would keep the City apprised of what problems he felt might be coming up. In this way some difficulties might be avoided. 29.' John Barni, Jr., 1825 Clinton Avenue, addressed the Council with regard to the point brought up at the last meeting that City records on property and street boundaries were in error in many instances. He said he felt the Building Inspectors were familiar with the streets on which the condition existed and suggested as such cases arise the Inspectors could work with the purchasers of such properties and obtain a quitclaim or grant deed so that the City would actually hold recorded interest in the property. This would be of service in these situations. Mr. Cunningham explained the history of this problem and the procedure by which the City could resolve it. However, he said, the survey required would entail a great deal of work and could result in addi- tional problems. He said it was not the function of the City to adjudicate private property title lines, but to say where the streets are, and every citizen has a right to know this. After some further discussion, it was requested that the City Attorney and the City Engineer investigate this situation with the title companies and endeavor to come up with a solution. 30. Mr. Donald B. Bitner, local builder, stated on a piece of property he had recently acquired on San Jose Avenue an error had been made some time in the last seventy years of approximately one degree and in less than 200 feet the lot was more than three feet short. This would mean that all along San Jose Avenue the lots would be short. FILING: 31. Amendment to Contract - Between City and George E. Floyd, Concessionaire. 32. Modification of Contract No. N62474 -67 -C- 0153 -P012 - Between City and U. S. Navy - re Special Services Furnished to Off - Station Public Quarters. MEMORIAL RESOLUTION: 33./ The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7706 Resolution of the Council of the City of Alameda in Memoriam to Clarence R. Gabrielson, Retired fireman. "IN A SPIRIT OF SADNESS, the Council of the City of Alameda records the death of one of its former loyal employees, CLARENCE R. GABRIELSON. "WHEREAS, Mr. Gabrielson had commenced his employ with the City on October 1, 1943, as a Fireman and had performed his duties capably and conscientiously in that capacity until the date of his retirement on October 31, 1968; and "WHEREAS, Mr. Gabrielson had always been most amiable and cooperative toward his fellow employees. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of the efficient service given by this faithful employee during his years of City employ and his harmonious relations with his associates, the Council of the City of Alameda does hereby express its gratitude. "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. Gabrielson in order to extend to its members a sincere expression of 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 CLARENCE R. GABRIELSON." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the follow- ing vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing resolutions adopted. President La Croix requested that all stand for a moment of silence in observance of the pass Gabrielson. ADJOURNMENT: 34. There being no further business to come before the meeting, the Council adjourned in respect to the memory of CLARENCE R. GABRIELSON, Retired Fireman, to assemble in regular session on Tuesday, December 15, 1970, at 7:30 o'clock p.m. ng of Mr. Respectfully submitted, City Clerk