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1969-01-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING JANUARY 21, 1969 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Alle- giance was led by Councilman Isaacs and was followed by an inspiring Invocation delivered by The Reverend Father Patrick J. O'Brien, Pastor of St. Philip Neri Church. ROLL CALL: The roll was called and Councilmen Fore, Isaacs, La Croix, Jr., Levy and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the adjourned regular meeting held Tuesday afternoon, and the regular meeting held Tuesday evening, January 7, 1969, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From International Brotherhood of Electrical Workers, Local Union 1245, signed by Mr. M. A. Walters, Assistant Business Manager, with regard to the proposed amendments of the Employees' sick leave benefits. It was agreed the withdrawal of the ordinance covering these regulations was in order at this time. However, the hope was expressed that the question of Employees' sick leave benefits would not be forgotten. The Clerk was to inform Mr. Walters that further consideration would be given to the modification of said sick leave benefits. 3./ From Mr. George W. Haldeman, co-owner of Neptune Court Apartments at 600 Central Avenue, request- ing that a certain portion of McKay Avenue be deeded to the owners. Mr. Haldeman was to be notified that this particular portion of McKay Avenue, seventeen feet wide by fifty-one feet long, was owned by the State of California. Therefore, his request should be directed to the proper State Agency. 4. /From Regional Water Quality Control Board, signed by Mr. Roger B. James for Mr. Fred H. Dierker, Executive Officer, concerning the discharge of untreated waste from houseboats into marinas in this Region. A report on the status of certain proposed ordinances on the subject was requested. City Attorney Cunningham was instructed to write to Mr. Daniel F. Murphy, Area Engineer, with regard to this matter - as had been suggested by Mr. Dierker - since he was cognizant of the regulations covering this matter. ORAL COMMUNICATIONS, AGENDA: 5. President McCall recognized and introduced Mrs. Katherine Cossette, Alameda High School teacher of U. S. Government and Civics, who was accompanied by a large group of her students. 6.v There being no objections, the President announced that he would like to take up at this time the matter of the report and recommendation from the Mayor's Committee for Alameda Youth Center-Coffee House. He then called upon Mr. A. T. Wiemken, Chairman of said Committee. The Clerk presented the report and stated that two communications had been received just this after- noon as follows: (1) from Mrs. Karen Scott McFarlane, 535 Buena Vista Avenue, indicating her vote of approval of such a facility and (2) from Alameda Chamber of Commerce, submitting its recommendation that the City Council allow the establishment of a "Coffee House-Teen Center" as proposed by the Alameda Council of Churches. Mr. Wiemken, 605 Glenwood Isle, addressed the Council on the subject, pointing up that there was before the City Council a recommendation from the Mayor's Committee, a proposal from the Alameda Council of Churches for lease of the vacated Webb Avenue Fire Station building and the report on policy and pro- cedures of the proposed Youth Center as formulated by the interim Youth Center Council. He referred to the letter containing the recommendation, dated January 16, 1969, and said it was unnecessary to go into detail in his verbal report as all parties concerned had received all of the pertinent material. For the information of the large interested audience, however, Mr. Wiemken quoted the recommendation "That acceptance of the proposal of the Church Council be recommended to the City Council, and necessary arrangements be made to lease the Webb Avenue Fire House to the Council of Churches, initially for a two-year period, with options to renew for further terms, for the purpose of establishing a Coffee House Youth Center." Mr. Wiemken pointed out the Committee had not imposed any limitations or conditions in its recommenda- tion. It was believed these should be a matter of negotiation between the City and the Alameda Council of Churches. He asked for the Council's careful and favorable consideration of the report. Mr. Wiemken then introduced The Reverend Mr. Benjamin Fraticelli, Vice President of the Christian Church of Northern California-Nevada, who would be available to answer any questions. There followed a lengthy question and answer period between the City Council and Mr. Fraticelli in clar- ification of the financing of the project and the procedure to be followed in negotiating the terms of a lease. It was developed that Mr. Dwight Carlson, Dinuba, California, was the Attorney for the "Christian Church Agency" and the City Attorney would contact him in working out the legal technicalities. Councilman La Croix moved the recommendation of the Mayor's Committee for the Alameda Youth Center - Coffee House be accepted and that the Council instruct the City Attorney to act as rapidly as possible to negotiate the proper contract with the Alameda Council of Churches and the City of Alameda, subject to approval by the Alameda City Council. Councilman Levy seconded the motion. Mr. Cunningham suggested he meet with some of the key members of the Committee and other interested parties to consult and determine upon the provisions of the lease to the mutual benefit and protection of all concerned. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen Fore, Isaacs, La Croix, Levy and President McCall, (5). Noes: None. Absent: None. The affirmative vote was greeted with hearty applause from the large audience which was obviously in favor of this additional recreational facility. 7.7 At this point, the President introduced Mr. Ashley 0. Jones, 1040 Fair Oaks Avenue, a candidate for City Councilman in the coming March 11 Municipal Election. REPORTS AND RECOMMENDATIONS: 8.7 From the City Clerk, setting the date of February 7, 1969, at 5:00 o'clock p.m., as the deadline for receipt of "Arguments For and Against Proposed Charter Amendment to be Submitted to Electors on March 11, 1969 ". Attention was called to the fact that Councilman Isaacs had been asked to work with the City Attorney and the City Manager to draft an "Argument For Said Proposed Charter Amendment ". Therefore, Council- man La Croix moved Councilman Isaacs be authorized to prepare said Argument on behalf of the City Council. The motion was seconded by Councilman Levy and unanimously carried. In response to a query, the Clerk explained that the Press had been given a copy of her letter and if there was any opposition to the proposed amendment, some organization or group of interested citizens should compose an "Argument Against the Proposed Amendment" and submit it for printed copies to be made and sent out to the electorate at the proper time. 9." From the City Manager, reporting all work satisfactorily completed on the project of Pavement Repair and Resurfacing Portions of Fernside Boulevard, from Pearl Street to High Street - recommending it be accepted and the Notice of Completion be filed. Councilman Isaacs seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 10.x` From the City Attorney, concerning the final settlement of the lengthy litigation in the Western Pipe Cases. The matter was referred to "Resolutions ". UNFINISHED BUSINESS: 11.✓ The President referred to a report just received from the City Manager with regard to the Fruitvale Bridge. He said he believed the Council had not had time to peruse this memorandum as yet. Councilman La Croix concurred and in view of the possible adoption of a resolution following the lengthy discussion of the subject at the special meeting of the Council held January 16, he suggested the Council take no action at this time. RESOLUTIONS: 12. "Resolution No. 7426 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 Adding Section 3 -20 to Article III Thereof, Relating to Authorizing the Council of the City of Alameda to Transfer by Contract, or Other Arrangement, to the County of Alameda, Any or All of the Tax Assessing and Collecting Functions and Services of the City, but Reserving, However, the Right to Reassume Such Functions and Services; 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 one March 11, 1969." As had been requested earlier in the meeting, Messrs. John Mitcheom, 1319 High Street, and John Barni, 2806 Bayview Drive, addressed the Council with regard to the proposed amendment as set forth in this resolution. Mr. Mitcheom pointed out this measure had been on an election ballot twice previously and had been voted down by the citizens of Alameda. He thought this should be the answer. His prin- cipal objection to the County taking over the City assessing and tax collecting was the loss of "home rule ", or local control. Mr. Barni spoke at great length, pointing up the inequities involved in the County assessing practices. He claimed there were many parcels over - assessed and, also, probably many which were under- assessed. He cited the lack of cooperation of the County personnel in his attempt to receive some adjustment on the assessment of certain properties. These gentlemen contended there should be a physical inspection of the properties before an assess- ment value was established. P"" Following considerable discussion of this question, Councilman La Croix introduced the foregoing resolution and moved its adoption. 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. 13. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7427 Adopting Specifications for Furnishing to the City of Alameda Two (2) New, 1969 Models, 1-1/2-Ton, 2 Cubic Yard. Dump, Truck with Dual Rear Wheels, Complete with Hoist and Dump Body Installed, for the Street Department, Calling for Bids and Directing City Clerk to Advertise Same." 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. 14./ The following resolution was introduced by Councilman Levy, who moved its adoption:. "Resolution No. 7428 Authorizing Execution of Agreements for Lease and Sublease of Real Property, for Recreational Purposes by the Housing Authority, with Southern Pacific Company, a Corporation (Rental Waived)." The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 15. The following resolution was introduced by Councilman Isaacs, who moved its adoption: "Resolution No. 7429 Approving Further Settlement on Behalf of City of Alameda of West Coast Pipe Anti-Trust Cases; Ratifying and Confirming Agreement Therefor Between City and American Pipe and Construction Company; Authorizing City Manager to Execute Release of Claims Against Said Company; and Authorizing State Attorney General to Effectuate Compromise and Settlement of Said Litigation Accordingly." 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. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7430 Adopting Specifications, Special Provisions and Plans for Construction of Storm Sewers on Clinton Avenue at Chestnut, Lafayette and Union Streets, Calling for Bids and Directing City Clerk to Advertise Same." 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. The President then declared all of said resolutions adopted. ORDINANCES FOR PASSAGE: 17.V "Ordinance No. 1583, New Series Authorizing Grant of Non-Exclusive Easements for Public Utility Purposes to East Bay Municipal Utility District, Pacific Gas and Electric Company and Pacific Telephone and Telegraph Company." Councilman La Croix,moved the ordinance be adopted as submitted. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. BITJS: 18. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $62,877.12, 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 Janu- ary 21, 1969, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FTLING: 19. Specifications No. MS 1-69-1 - Furnishing Two Dump Trucks for the Street Department. 20. Commercial Lease - Between Southern Pacific Company and City of Alameda - for Recreational Purposes. 21. Auditorts Financial Report - City of Alameda, as at December 31, 1968 - Verified by Hackleman, Larzelere, McKenna & von Kaschnitz. 22. Specifications No. PW 1-69-1 - Construction of Storm Sewers on Clinton Avenue at Chestnut, Lafayette and Union Streets. 23.i At this point, President McCall read a letter addressed to him, from Mrs. Carl Hout, Jr., 107 Norfolk Road, a member of the Hancock Enlisted Wives Association. She urged that the City Council and citizens consider "adopting" the aircraft carrier U. S. S. Hancock as a tribute to her long record of service to her country. Mrs. Hout believed this honor would be much appreciated by her complement of thirty two hundred men and their families - many of whom lived in the City of Alameda area, and would bring this ship some of the prestige she deserved. The President read his reply, dated January 22, 1969, pointing up the fact that Alameda Naval Air Station was the home-port for five aircraft carriers and a number of Navy support vessels. Therefore, he felt sure Mrs. Hout could appreciate and understand that it would not be appropriate to choose one of them for adoption. The Council concurred in the statements contained in the Mayorls communication. 24./ Councilman La Croix then referred to the recent tragedy which occurred aboard the U. S. S. Enterprise - the awful fire and explosion which killed and injured so many sailors and the great damage to the ship which resulted. He suggested a letter be addressed to the "Skipper" of this ship, expressing the sympathy of the City of Alameda through the City Council in this catastrophe. 25.7Prior to adjournment, the President called to mind that this was the last City Council meeting at which Mrs. Shirley H. Tennier would officially act as City Clerk. He then read the "Notice and Agenda of a Very Special Meeting of the Council of the City of Alameda, et al" to be held at 3:00 otclock on the afternoon of Friday, January 31, 1969, in the Council Chamber of City Hall. The purpose of said meeting was to honor Mrs. Tennier on the occasion of her retirement. Mr. Weller inquired if the "Staff" could step out of character and be included in the motion to adjourn this meeting in recognition of and affection for her valued service to the City Council and, particularly, to the Staff. He felt those present would like to join with the Council in voting on this. President McCall felt the official record should properly show this acknowledgement. Councilman La Croix said he would like to move that an appropriate resolution of commendation be drawn up and signed by all members of the City Council for Mrs. Tennier's possession. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Councilmen Fore, Isaacs, La Croix, Levy and President McCall, (5). Also, City Attorney Cunningham, City Manager Weller, Assistant City Manager Goss, City Engineer Hanna and Deputy City Clerk Irma Nelson. Noes: None. Absent: None. ADJOURNMENT: 26. There being no further business to come before the meeting, the Council adjourned in accordance with the gesture of recognition as suggested - to assemble in regular session on Tuesday evening, February 4, 1969, at 7:30 olclock. Respectfully submitted,