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1968-03-05 Regular CC Minutesg j,.•-• REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING MARCH 5, 1968 The meeting convened at 7:30 ofclock p.m. with President McCall presiding. The Pledge of Alle- giance was led by Councilman Bartley. ROLL CALL: The roll was called and Councilmen Bartley, Fore, La Croix, Jr., Levy and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held February 20, 1968, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. V From Alameda Athletic Association, Incorporated, signed by Mr. Ralph T. Johnson, Secretary, urging the City Council to recommend that Alameda Board of Education establish a new dividing line which would channel a greater number of students to Encinal High School to enhance its competitive position - and also to relieve the overcrowded condition of Alameda High School. The President stated this matter should properly be taken care of by the Board of Education and, if there were no objections, it would be referred to this Body. It was so ordered. 3?"- From Pacific Ship Repair, Inc., submitting an Application for Permit to Fill Certain Property, north of Clement Avenue, owned by Pacific Shops, Inc., with three thousand cubic yards of material. An approved Bond accompanied said Application. Councilman La Croix moved a Permit be granted to this firm for said fill operation. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 4 From Board of Trustees of Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secre- tary, requesting approval of Warrants Nos. 138 and 139 in the respective amounts of $500,501.16 in payment of certain dredging work and $50,000. to reimburse Revolving Fund. The matter was referred to "Resolutions". 5. From H & B Communications Corporation, Beverly Hills, California, signed by Mr. Charles M. Trimble, Executive Vice President and Director, submitting application for a license or franchise to provide a Community Antenna Television System - and requesting permission to place coaxial cables on utility pole space. The subject was referred to the City Manager and the City Attorney for study, report and recommendation. REPORTS AND RECOMMENDATIONS: 6/ From Charter Amendment Advisory Committee, signed by Mr. William S. Godfrey, Chairman, transmit- ting several recommendations embracing certain appropriate amendments to the City Charter for submission to the voters. This matter was referred to "Unfinished Business" for further consideration and discussion at that time. 7: From City Manager, recommending contract be awarded to Gallagher & Burk, Inc., low bidder, for the project of Resurfacing High Street from Otis Drive to San Jose Avenue, at the total cost of S14,836. Councilman Bartley moved the recommendation be adopted; that contract be awarded to the designated firm for the specified project at the price quoted. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 8Y From City Manager, recommending contract be awarded to Western Roofing Service, low bidder, for the project of Re-roofing the Golf Course Clubhouse and Restaurant, at the total cost of S3,311. Councilman La Croix moved the recommendation be followed; that contract be awarded to said firm for the project indicated at the price quoted. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 9: From City Manager, recommending contract be awarded to Brutoco Engineering and Construction, Inc., low bidder, for the project of Widening of Tilden Way in the Vicinity of the Fruitvale Bridge, at the total cost of 7,336.50. Councilman Levy moved the recommendation be accepted; that contract be awarded to the designated Company for the specified project at the price quoted. The motion was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 10. From Acting City Manager, recommending contract be awarded to Hayward Tractor Sales, Inc., low bidder, for furnishing a Tractor-Loader for the Street Department, at the total cost of S5,230. Councilman La Croix moved the recommendation be adopted; that contract be awarded to said firm for supplying this piece of equipment at the price quoted. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 11. From Acting City Manager, concerning the acquisition of a Radar Unit for the Police Department. It was recommended the one bid be rejected and authorization be given to purchase said equipment in the open market, under provisions of Section 3 -15 of the City Charter. Councilman Fore moved the recommendation be followed; that the sole bid be rejected and the City Manager be authorized to purchase this vehicle in the open market. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12. Acting City Manager, recommending contract be awarded to Schultz -Dewey & Co., for furnish- ing a sixty -foot aluminum Flagpole for the City Hall, at the total cost of 51,350. Councilman La Croix moved the recommendation be adopted; that contract be awarded to the designated Company for supplying the City Hall Flagpole at the price quoted. The motion was seconded by Coun- cilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 13. From City Manager, reporting the failure in the deep well on the South Golf Course this date, which would necessitate immediate repair. It was recommended authorization be given to have the work done at once in the open market - under provisions of Section 3 -15 of the City Charter. Councilman La Croix moved the recommendation be followed; that the City Manager be authorized to act immediately to have the necessary repairs made without contract, as provided in Section 3 -15 of the City Charter. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 14. Upon invitation, Mr. William S. Godfrey, 1235 Hawthorne Street, former Mayor, and present Chair- man of the Charter Amendment Advisory Committee, addressed the Council in presentation of the several proposed amendments to the Charter for submission to the electorate. Mr. Godfrey said he believed the minutes of the Committee's five meetings were quite comprehensive and, therefore, the Council had the benefit of the thinking on the various items which had been considered. He suggested a letter of thanks be sent from the Mayor to the Chief Deputy School Superintendent of Alameda County, Mr. Robert Coney, who had appeared before the Committee and had been of great assist- ance in the evaluation of Boards of Education and their relationships with school personnel. Mr. Godfrey stated there were five members of the Committee present at this meeting - Messrs. Graham Tattersall, Kenneth Kofman, August T. Wiemken, Richard Lombardi and Frank D. McElhinney. Mr. Godfrey then introduced Mr. McElhinney, who presented a Minority Report. This favored an appointed Board of Education but with an increase of membership from five to seven; that the term of office be three years instead of five; and the number of terms of an incumbent be limited to two consecutive terms. The Council proceeded to consider and discuss each of the proposed amendments to the Charter as item- ized in the Committee's letter dated February 23, 1968, as follows: (1) Monetary limit of 51,000. for expenditures to purchase materials and supplies or for making public work improvements. It was emphasized that with the present day prices of all commodities the existing restriction imposed by the 51,000. limitation was most unrealistic. Councilman Bartley moved that this monetary limit for expenditures as set forth in Section 3 -15 be eliminated and that said Section provide such limit shall not exceed that provided by State law for cities. Councilman La Croix seconded the motion. Speaking on the question, Councilman Levy expressed his opinion that the amount of 52,500. should be specifically set forth as the limitation. Further discussion developed the feeling that the amendment would be defeated by those voters who did not realize the exact amount was already established by said State law. It was believed this could be offset by parenthetical explanation of the ballot measure and also by the "arguments" which would accompany the sample ballots. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. (2) Qualification for election, or appointment to an elective office of the City be reduced from five to three years continuous residence as an elector of the City. Councilman Levy moved the recommendation of the Committee be approved for submission to the electorate. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. (3) Mayor be elected by direct vote of the people at large for term of four years. Councilman Bartley read a lengthy prepared statement expressing his opinion concerning the qualifica- tions an "elected Mayor" should possess to be the intelligent leader of the City. He also registered his opposition to an "elected Mayor" unless the duties and responsibilities were increased to warrant an adequate salary being paid. He recommended that $600. be specified as the Mayor's compensation. Councilman La Croix concurred that an elected Mayor should receive proper remuneration. Councilman Bartley moved that the recommendation submitted by the Committee be amended to read that the Mayor be elected by a direct vote of the people at large for a term of four years and the salary be set at 5600. per month. Councilman Fore seconded the motion. Speaking on the question, the President expressed his thought that possibly the sum of 5300. per month would be more reasonable. Councilman Levy believed the salary should be established later by ordinance. It was developed that an elected Mayor should devote half his time to the Office. Following further discussion, the question was put and the motion carried on a roll call vote. Ayes: Four. Noes: President McCall, (1). Absent: None. (4) Membership of City Council be increased from five to seven. Councilman Bartley said he could not understand what advantage would be gained or how the City Council could become more effi- cient by this increase. He said he did believe the City should pay its Councilmen for the time they put in and, in order to place this matter before the Council for action, Councilman Bartley moved the recommendation of the Committee be amended to the effect that the membership of the City Council be increased by two and the salary of a City Councilman of the City of Alameda be set at 5150. per month. Councilman La Croix seconded the motion. Speaking on the question, Councilman La Croix commented that he believed there were many fully quali- fied citizens in the community who would make outstanding representatives on the City Council but who felt they could not afford to hold said office. The President mentioned also the need at times of four votes to pass some legislation - which might be jeopardized by absence due to illness, vacation, or some cause beyond human control. Therefore, he felt a seven-man Council might be advantageous in this respect. He pointed out that occasionally Councilmen had had to return from vacations to assure a required vote on an important question. Upon request, City Manager Weller clarified the requirements for "majority" and "four- fifths" votes and thought it would be reasonable to assume the latter requirement would mean five votes of a seven - man Council. The question was then put and the motion carried by the following vote. Ayes: Five. Noes: None. Absent: None. The question was then raised and there was considerable discussion concerning some "penalty" provision in the event a Councilman were absent from a regular meeting. Mr. Weller remarked that he believed a Councilman's compensation should be on a flat monthly basis as much of his work was in study and at meetings other than in the City Council Chamber. It was finally agreed to take no action on this point. (5) Elective Board of Education with Four -Year Terms, to be Elected at General Municipal Elections. Councilman Bartley moved the recommendation of the Committee with regard to an elective Board of Educa- tion be approved as submitted. The motion was seconded by Councilman La Croix. Speaking on the question, Councilman La Croix raised the question of the possibility and advisability of a completely new Board of Education being elected - which could happen if none of the members of the existing "Board" was a candidate - or if all were defeated. He wondered about the effectiveness of such an inexperienced Board. In response to his question, Mr. Godfrey replied that the Committee had inquired of Mr. Coney about this point and he had told the members it took about six months for a Board member to become effective in this respect. It was pointed out that practically the same situation could prevail with the City Council since at least four of the present members must be candidates for said office at the next Municipal Election in March, 1969. City Attorney Cunningham clarified the fact that the Board of Education members could unquestionably be elected at a General Municipal Election with all other "City" officers. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. (6) Members of Board of Education be increased from five to seven. Councilman La Croix stated he could not see any advantage in having two additional members on this Board but felt it was the privilege of the public to decide. Therefore, Councilman La Croix moved the recommendation of the Committee be approved and the matter be placed on the ballot. The motion was seconded by Councilman Fore. Speaking on the question, Councilman Bartley said he could see no reason to increase the membership of the Board of Education. He pointed out that, being elected at large, the entire membership of five or seven could live within the "same City block ", so to speak. Thus, the larger membership would not automatically spread the representation. Councilman Levy said he concurred with the thinking of Councilman Bartley - but also believed the Council should let the citizens have the privilege of determining this question by voting on it. The question was then put and the motion carried on the following vote. Ayes: Four. Noes: Council- man Bartley, (1). Absent: None. In response to the President's question, Mr. Cunningham explained how the measure and the necessary alternatives would be set forth on the ballot in order to give the people a choice. (6 -B) Election or nomination of Councilmen from "Districts" not to be submitted by the Council to the electorate. Councilman La Croix moved the recommendation of the Committee be followed and the question of "Dis- tricting" the City for election purposes be disregarded. Councilman Bartley seconded the motion which carried on the f ollowing roll call vote. Ayes: Five. Noes: None. Absent: None. (6-C) All measures to be placed on the ballot of the June State Primary Election if possible - but if ballot space is limited then Items A(1) through A(4) would be on the June ballot and Items A(5) and A(6) would be on the November State General Election ballot. Councilman Levy moved the Committee recommendation be approved and this procedure be followed. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. There was a lengthy discussion about what effect the Board of Education measures might have on the proposition of the Alameda Unified School District with regard to its Bond Issue. It was also developed that ballot space might be restricted by the Board of Supervisors of Alameda County and therefore certain priorities might have to be determined. Further, if it were not possible to put these measures on the June ballot, application would be made immediately to the "County Board" for permission to place the matters on the November ballot. (6-D) Charter changes approved by voters would be effective at time of next General Municipal Election in March, 1969. Councilman La Croix moved it be so ordered. The motion was seconded by Councilman Bartley and unani- mously carried. At this point, the President stated he would like to keep the Charter Amendment Advisory Committee intact, if there were no objections, and have it continue with a study of certain other possible Charter changes, as follows: (1) Date of Municipal Elections; (2) Provisions for a Finance Director and (3) Changes in the formula controlling fund transfers from the Public Utilities Department of the City. He commented that the other members of the Council might have some suggestions in this respect. Councilman La Croix said he concurred with the President's thinking on the subject and remarked that a letter of thanks should be sent to each member of this Committee for his past efforts and also ask- ing if he would continue to serve as suggested. Councilman Bartley commented that he had been most favorably impressed with the caliber of the citizens on the Committee and the way in which they had discussed and analyzed these issues. Councilman Bartley moved the Committee be asked to continue to serve and that it give study to the three items mentioned by President McCall. The motion was seconded by Councilman La Croix and carried unanimously. Next referred to was the Minority Report submitted by Mr. McElhinney concerning the retention of an "appointed Board of Education" but with an increased membership of seven rather than five and other relevant items. Councilman Bartley moved this matter not be placed on the June ballot. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15" McCall then referred to the continuing financial difficulties of the Bay Area Rapid Transit District and a meeting of Mayors which he planned to attend in San Francisco this coming Thursday afternoon with regard to this problem. He pointed out the City's position had been in favor of an increase in bridge toll fares - but presently, there were recommendations to increase the sales tax and/or the gasoline tax in the affected Counties of Alameda, Contra Costa and San Francisco. President McCall stated this matter would probably be discussed at the Mayors' Conference to be held tomorrow evening and he requested the Council's authorization for him to reiterate the City's opposition to any type of tax increase but the bridge tolls for the benefit of "BART". Councilman La Croix stated he could see no reason for the Council to change its stand at this time and that the Mayor vote to maintain the City's position as previously set forth. This was agreeable to all Council members and it was so ordered. RESOLUTIONS: 16. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7290 Adopting Specifications for Furnishing to the City of Alameda One (1) New, 1968 Model, 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 Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7291 Approving Warrants Nos. 138 and 139 of Board of Trustees of Reclamation District No. 2105." (3500,501.16 and 50,000.) The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. 18Y The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7292 Resolution of the Council of the City of Alameda in Memoriam to Conrad Roth (Former City Councilman) WITH HEARII.ELT SYMPATHY, the Council of the City of Alameda records the death of one of its former Councilmen and a most interested and civic-minded citizen, CONRAD ROTH. "WHEREAS, Mr. Roth had been elected to the City Council and had been inducted into office on April 21, 1913, and had served the City conscientiously and well until April 17, 1917; and "WHEREAS, Mr. Roth had been elected President of the Council on January 2, 1917, and had served in this capacity until the expiration of his term of office; and "WHEREAS, Mr. Roth had been actively engaged in the construction business for many years and had promoted the development of the City during its early growth and had also participated in his Church and fraternal programs. "NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Alameda, in recognition of Mr. Roth's civic concern through the years, and his friendliness with all of his associates, does hereby express its sense of personal loss and its appreciation for his service to the City. "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. Roth in order to extend to its members a sincere expression of condolence 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 CONRAD ROTH." The motion to adopt said resolution was seconded by Councilman Bartley 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: 19. "Ordinance No. 1565, New Series Approving and Authorizing Execution of Amendment to Agreement Granting Development Rights to Certain City-Owned Tide and Submerged Lands." Councilman Bartley moved the passage of the ordinance as submitted. The motion was seconded by Coun- cilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Abstaining: Councilman La Croix, (1). Absent: None. 20. "Ordinance No. 1566, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (2020 and 2022 High Street) Councilman Levy moved the passage of the ordinance as submitted. The motion was seconded by Council- man Bartley and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. BILLS: 21. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 74,256.36, 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 Bartley moved the bills as itemized in the List of Claims filed with the City Clerk on March 5, 1968, 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. ORAL COMMUNICATIONS, GENERAL: 22Y/ Mr. Frank A. Gottstein, 731 Haight Avenue, referred to the flooding conditions reported by a Mrs. Simpson on Nason Street at the last meeting. He explained the proper plumbing method to use to eliminate the flooding of Mrs. Simpson's basement. Mr. Gottstein also reported a bad situation with regard to a low driveway cut on Eighth Street between Lincoln and Haight Avenues. 23. Mr. Lawrence A. Patton, 1020 San Antonio Avenue, spoke of his surprise at the suggestion to pay $600. per month to the proposed elected Mayor and also $150. per month to each Councilman. Mr. Patton also suggested the Council consider a Charter amendment to place the City Clerk, City Attorney and City Engineer under Civil Service status. The incumbents should be blanketed into said System if they desire and, in the future, these positions should be filled by Civil Service examinations. FILING: 24. Specifications No. MS 3-68-6 - Dump Truck for Street Department. 25. Financial Statement - Bureau of Electricity as of January 31, 1968 - Verified by Hackleman, Larzelere, McKenna & von Kaschnitz. ADJOURNMENT: 26. The President called up the audience for a moment of silence in observance of the passing of Mr. Roth. There being no further business to come before the meeting, the Council adjourned in respect to the memory of Conrad Roth - to assemble in regular session on Tuesday evening, March 19, 1968, at 7:30 otclock. Respectfully submitted,