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1971-01-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - JANUARY 19, 1971 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman McCall and was followed by an inspiring Invocation delivered by The Reverend Milton L. Gire, Pastor of the First Baptist Church. President La Croix welcomed a number of students of the College of Alameda and invited them to submit any questions they might have with regard to City Government, on which he assured them he or members of the City staff would be happy to supply information. 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 January 5, 1971, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mrs. Frances Rasmussen, 117 Central Avenue, with regard to reuse of the Bureau of Electricity buildings at Park Street and Otis Drive, supporting a previous request that a cultural center be estab- lished on the property. President La Croix stated this subject had been discussed on several occasions. The Public Utilities Board had recommended that the property be used for other purposes and the buildings be demolished. It was directed that the communication be acknowledged and filed. REPORTS AND RECOMMENDATIONS: 3. From the Mayor, Assistant City Manager and Acting Auditor, submitting their report on the Count of Money held November 18, 1970, stating there was $9,301,816.79 in the City Treasury at that time. The report was noted and filed. 4. From the City Manager, recommending the contract be awarded to Manuel C. Jardim, Inc., low bidder, for the project of Installing a Storm Sewer in Ninth Street from Pacific Avenue to Buena Vista Avenue at a price of $13,013.50. Councilman McCall moved the recommendation be adopted and the contract be awarded to the designated company for the specified project at the price quoted. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five: Noes: None. Absent: None. 5. From the City Manager, City Attorney and Auditor- Assessor, with regard to property taxes on the -dry- dock facility at Todd Shipyards Corporation's yard. It was stated the late Auditor - Assessor, Mr. Italo A. Calpestri, Jr., had made a commitment to join in any decision by the Alameda County Board of Supervisors with respect to County taxes on the facility. The Board had granted an exemption and the City officials stated they agreed there was an obligation to honor Mr. Calpestri's commitment. It was stated it was felt substantial questions existed as to the treatment equitably to be given the facility. In this connection, Councilman McCall quoted from the communication that it was the opinion of the writers that the interest of Todd Shipyards and the taxpayers of the County would be best served by a judicial determination of the facts, and they recommended if competent judicial findings were not earlier obtained, the City levy an assessment on the facility for 1971 -72 and deny any claim for exemption without direction from the Courts. Councilman Longaker expressed the opinion that it would be in the interest of the community to accept the recommendations. Councilman McCall then moved the recommendation of the City Manager, City Attorney and Auditor- Assessor be adopted and a judicial determination of the facts in this matter be sought. Council - man Longaker seconded the motion. Speaking on the question, Councilman McCall stated the facility in question had been declared a vessel because of its tonnage; the judicial opinion was desired as to whether it was considered a "drydock" or a "vessel ". For tax purposes, the Council desired to have a fair standard appraisal of the whole situation. He said he felt the action would clarify the matter for Todd Shipyards and also for the Auditor- Assessor. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent None The matter was referred to "Resolutions" 6. From the City Manager, recommending authority be granted under Section 3 -15 of the Cite Charter to recommending Y g y purchase in the open market two G -10 Tractors for the Golf Course. Councilman Longaker moved the recommendation be adopted, and authority be given to purchase the specified equipment in the open market. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 7. From the City Clerk, setting Friday, February 5, 1971, at 5 :00 o'clock p.m. , as the deadline fo receiving arguments for or against the proposed Charter amendment. The information was noted and the communication ordered filed. 8. From the Planning Board, signed by the Secretary, recommending denial of a petition to rezone from the "R -4 ", Neighborhood Apartment, to the "R-5", General Apartment District, certain properties known as 2617 and 2619 Santa Clara Avenue and 2618 Janis Circle. The petition had been filed by Edward and Madlyn Murphy. The Hearing on the petition was set for the next regular meeting of the Council on February 2, 1971. Councilman Fore stated he had had a conversation with Mrs. Murphy, who had said she did not wish to have trouble with her neighbors and the petition would undoubtedly be withdrawn. It was pointed out that, under the provisions of the Zoning Ordinance, the matter would routinely come before the Council for hearing and, if so desired, the petitioners could withdraw their application prior to or at that time. UNFINISHED BUSINESS: 9. °° Brought up for consideration at this time was the matter of the Tentative Map for the subdivision known as Tract No 3270, the condominium subdivision at the easterly end of Portola Drive. The Planning Board had recommended approval, subject to the terms and conditions of the City Engineer's Report dated December 23, 1970, including provision for park and recreational land or fee in lieu thereof. The Map had been filed by Jones - Tillson & Associates for Lindsey, Gallagher and Willett. The matter had been continued from the last meeting of the Council for study of certain questions with regard to the area in which the condominium would be located, pertaining to the problem of Ninth Street versus Eighth Street in relation to the Washington School site and plans for future widening of Eighth Street. President La Croix stated meetings had been held with representatives of the School Dist Councilman Longaker and himself and the problem had been satisfactorily resolved. Councilman Longaker agreed and moved that the recommendations of the Planning Board be accepted and the Tentative Map for the subdivision known as Tract No 3270 be approved, subject to the terms and conditions of the City Engineer's Report dated December 23, 1970. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. the City staf NEW BUSINESS: 10. President La Croix noted and welcomed Mr. Ronald 0. Livesey, candidate for Mayor in the coming City election. 11.7 Councilman Fore introduced his son, Louis, who was also in the audience. Councilman Fore stated he had changed his thinking with regard to districting of the City. He submitted for consideration a four -point program - (1) that four Councilmanic districts be created in the City and that each district be permitted to nominate its own representatives; (2) that there be only one Councilman from each of the four districts, (3) that the nominee for each district be voted on at -large by all citizens of Alameda, thus allowing all citizens four Council choices but guaranteeing neighborhood representation (4) that the Mayor be a resident of any one of the four districts and be elected at- large. Councilman Fore moved the question of amending the Charter to provide for districting in the City, as se forth, be submitted to the electors in the General Municipal Election to be held on March 9, 1971. Councilman Levy said he felt action on a matter of such import should not be hasty and suggested, should the Council see fit to submit the question to the voters, the issue could be included in the ballot for the Primary Election in June, 1972. He said he felt the proposal was worthwhile and had a great deal of merit but that the Council could not faithfully and honestly determine in what direction it should go without due deliberation and if a matter of this kind was to be presented to the voters for a determination, something quite concrete must be submitted for their consideration. He added he felt districting of the City would involve unforeseeable problems. President La Croix complimented Councilman Levy on his presentation and the forthright position he had taken on this issue, and also Councilman Fore on the concern he had shown in changing his attitude on the matter. He declared the motion had died for lack of a second. President La Croix stated the Charter Revision Committee which had been appointed some years ago was still in existence. He said the Committee had twice in the past studied the question of districting and had chosen to make a recommendation that it was not in the best interests of the City of Alameda He stated this did not mean that, possibly in a revised form and with restudy, some form of districting could not be recommended if it were found to be a good thing for the City. He recommended that consideration be given to submitting to the Charter Revision Committee again this question and other items in the Charter which deserved change. He expressed the opinion that in the event it was decided to proceed on this study, an adequate job should be done in submitting recommendations to the voters on the question. Councilman Fore expressed his disappointment that the motion had not received a second but said he would g along with the other members of the 'Council in the thinking that the measure should not be placed before the people, at this time. He voiced the opinion that the electorate should decide as many issues as possible. Councilman McCall stated he had done some research on this matter. He commented on the procedures followed by various surrounding cities on districting and expressed the opinion that action on the proposal should not be taken without the benefit of a Charter revision study and public hearings so that the electorate would be fully aware of what they were voting on. Councilman Longaker stated heJelt it was important to recognize that there was no guarantee that district ing would ensure any better representation. President La Croix stated the Charter Revision Committee had been kept in existence for just such a possi- bility and the subject would be investigated. 12. /President La Croix, at this time, presented to City Engineer Hanna the Fleet Safety Award for 1969- 70 from the East Bay Division of the National Safety Council for the City's achievement of the best safety record in the Fleet Safety Contest for the period from July, 1969, through June, 1970. He commended Mr. Hanna on his diligent work on behalf of the City. 13. /Councilman Longaker called attention to the copy, sent to the Councilmen for information, of the resolution adopted by the Alameda County Board of Supervisors urging the County Supervisors' Association of California and the League of California Cities to seek action to alleviate the problem of litter and waste disposal created by the sale of beverages in disposable, non-returnable containers. He said, in view of the tremendous problems brought about by the leakage of millions of gallons of oil in San Fran- cisco Bay, the need was pointed up to preserve those things we have in their natural state. He said some sort of action should be taken in this matter and moved the Council adopt a resolution, similar to the one adopted by the Board of Supervisors, urging that the League of California Cities seek action to alleviate this problem. Councilman McCall seconded the motion. President La Croix commented that he had met with the two young men who operate the bottle and glass collection station supplied by Utah Construction & Mining Co. on their property at South Shore. He said this depot was the most successful one of its kind in the Bay Area, which he felt spoke pretty well for the citizens of Alameda and their concern as to what goes on in the City. He said Utah also deserved a great deal of credit for its part in this movement. President La Croix said, if the Council should see fit to adopt the proposed resolution he, as Chairman of the Alameda County Mayors' Conference, would be very happy to present it to that Body at its meeting on February 3. The question was put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: ‘None. 14. President La Croix welcomed and introduced former Mayor and Chairman of the Housing Authority of the City of Alameda, Mr. William S. Godfrey. RESOLUTIONS: 15. N/ The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7720 Ordering Cancellation of Personal Property Taxes Erroneously Levied (Todd Shipyards Corporation)." The motion to adopt said resolution was seconded by Councilman Fore. After brief explanation, the question was put and the motion 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. 7721 Proposing an Amendment to the Charter of the City of Alameda on Motion of the City Council; Calling a Special Municipal Charter Amendment Election in the City of Alameda for the Purpose of Submitting to the Electors Thereof a Proposal to Amend Said Charter, Viz: By Amending Section 2-5 Thereof to Provide that Employees of the City Shall Reside Within the City or Within Such Distance of the City Limits Thereof as the Council May by Ordinance Prescribe; Fixing the Date of Said Election, the Manner of Holding the Same, and Providing for Notice Thereof; and Consolidating Said Special Municipal Charter Amendment Election with the General Municipal Election to be Held in Said City on March 9, 1971." 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. 17. The following resolution was introduced by Councilman Longaker, who moved its adoption "Resolution No. 7722 Adopting Specifications, Special Provisions and Plans for Installation of a Sprinkler System in Godfrey Park, Calling for Bids and Directing City Clerk to Advertise Same." 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. BILLS: 18. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $47,641.50, was presented to the Council at this meeting. The List was accompanied by certificati on 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 January 19, 1971, 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: 19. Mrs. Lee -Ann Lane, 1425 Union Street, on behalf of her husband, presented to the Council information on plastic solid -waste disposal from the Society of the Plastic Industry. She said, as a member of the National Board of Directors of the Society, Mr. Lane would be glad to make available any information which might come to him on the subject and he would be happy to answer any questions which might arise at the February meeting of the Mayors' Conference on the topic, or to refer them to N.Y.U., which was doing the research on the study. The offer was acknowledged with appreciation. 20. 4`` Mr. Frank Gottstein, 731 Haight Avenue, requested clarification of the salary of the Mayor to be elected, which was explained by President La Croix. 21. President La Croix again thanked the College of Alameda students in the audience for their interest in the meeting. Those present were requested to stand and a good number arose. FILING: 22. Financial and Operating Report - Bureau of Electricity, as of November 30, 1970 - Verified by George A. Hackleman 23. Financial Report - City of Alameda, as of December 31, 1970 - Verified by George A.- Hackleman. 24. Specifications PW 1 -71 -2 - Installation of Sprinkler System in Godfrey Park. MEMORIAL RESOLUTIONS: 25. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7723 Resolution of the Council of the City of Alameda in Memory of Alfred J. Mathebat "IN A SPIRIT OF SORROW, the Council of the City of Alameda records the death of one of its most loyal and civic- minded citizens, ALFRED J. MATHEBAT. "WHEREAS, Mr. Mathebat, a native Alamedan, had been an active participant in the fraternal and social life of the City and had constantly shown a dedicated interest in the orderly growth and development of the community; and "WHEREAS, Mr. Mathebat had been appointed as a member of the Civil Defense Counci on October 7, 1941, and had served capably and conscientiously in that capacity until the date of his sudden passing. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda, in acknow- ledgment of the unselfish contribution of time and effort by this fine man for the good of the City and its people, hereby expresses its heartfelt gratitude and its sense of personal loss in his demise. "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. ,Mathebat 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 ALFRED J. MATHEBAT." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the 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 passing of Mess Mathebat and Ernest (Mingo) Perata, retired Park and Street Department employee, who had passed away on January 17. 26. Councilman Longaker moved the Council retire to an executive session for consideration of appointments to the City Boards and Commissions. Councilman Levy seconded the motion which on roll call carried unanimously. After a five - minute_ recess, the Council reconvened in Room 303 of the City Hall for its deliberations. A' the conclusion of the discussion, the City Attorney was requested to prepare appropriate resolutions for action by the Council at its next regular meeting on February 2. ADJOURNMENT: 27. There being no further business to come before the meeting, the Council adjourned in respect to the memory of ALFRED J. MATHEBAT and ERNEST (MINGO) PERATA, to assemble in regular session on Tuesday, February 2, 1971, at 7:30 o'clock p.m. Respectfully submitted, City Clerk