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1966-08-16 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING - - - - - - - AUGUST 16 1966 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman La Croix and was followed by an inspiring Invocation delivered by The Reverend Father John Hamme, Assistant Pastor of St. Barnabas Church. ROLL CAL The roll was called and Councilmen Bartley, La Croix, Jr., McCall, Rose and President Godfrey, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held August 2, and the adjourned regular meeting held August 10, 1966, were approved as transcribed. WRITTEN COMMUNICATIONS: 2.Y From Department of the Navy, Western Division, Naval Facilities Engineering Command, San Bruno, signed by Capt W. E. Davidson, Commanding Officer, expressing appreciation for the able efforts of Mr. A. H. Ainslow, President of Alameda Public Utilities Board, and the Staff of the Bureau of Elec- tricity in resolving a certain problem to the mutual satisfaction of all concerned. The Clerk was instructed to acknowledge the communication with thanks and also send copies of Capt. Davidson's letter and the reply to Mr. Ainslow, President of the "Board ". 3( From Jones - Thenn- Tillson, Civil Engineers, signed by Mr. Calvin M. Jones, requesting an extension of time of one year from the date of the Council approval in which to complete the Tentative Map for Unit 2 of Tract No. 2730. It was noted that the City Engineer had no objection to this request and Councilman McCall moved the extension of time be granted as set forth. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 4. From twenty -nine residents in Tract No. 2532, Golf and Shore Estates, petitioning the Council to keep their streets clean and to take immediate action to resolve any problems which were delaying the City's acceptance of said streets - Fitchburg Avenue, Magnolia Drive, Oleander Street and Lilac Street. The petition was to be acknowledged and the matter was to be referred to the City Engineer for further report. .5" From Mr. and Mrs. Charles J. Hansen, 2857 Jackson Street, submitting further inquiry about the responsibility for broken windows in homes adjacent to school playgrounds. It was requested that Lincoln School playground be closed at times when it was not covered by insurance for protection of people in said vicinities. It was felt there was some moral obligation in such cases provided proper notification was made immed- iately to the Recreation Department or to the School District. Therefore, this letter should be acknow- ledged indicating that the City would accept responsibility for such type of damage, after hours of supervision and during the vacation period, only upon being notified promptly of said incident, in order that a check, could be made thereof. 6' From Stahl - Wooldridge Construction, two letters, dated August 5 and August 8, 1966, in protest against the increase in garbage collection rates for apartment houses. It was brought out that this rate increase had been discussed by Mr. Weller with the Alameda City Garbage Association. He had furnished said Association with every complaint which had been received and he had been given the Association's assurance that it would investigate all rates with regard to multiple - family dwellings. In this particular instance, mutual satisfaction had been established. . 7f From Davis, Craig & Bartalini, Attorneys for Bay Farm Island Reclamation District No. 2105, signed by Mr. James B. Davis, requesting approval of Warrant in.the amount of $86,764.93 in payment of certain dredging work. The matter was referred to "Resolutions ". 8: From G. Sturtevant Enterprises, signed by Messrs. George Sturtevant and by Eugene Bottemiller of Encinal Market, asking that the proposal to locate certain parking spaces in the "park strip" on Encinal Avenue, between High and Post Streets, be withdrawn. This was in the interest of good public relations, in view of the petition of protest, signed by sixty -eight residents in the area, which had been sub- mitted to the Council at its regular meeting held August 2, 1966. The Clerk was to acknowledge the communication, indicating the Council's appreciation of the under- standing and cooperation shown by Messrs. Sturtevant and Bottemiller in this situation. Mr. Alsing, also, was to be informed of this action. 9.` 1 From Alameda City Garbage, signed by Mr. Lawrence J. Canepa, Administrative Partner, with refer- ence to the Stahl- Wooldridge Construction's letters of protest against the increase in garbage collec- tion rates for apartment houses. Due to the fact that the matter had been settled, the letter was to be routinely acknowledged, with thanks for the information on the subject. COMMUNICATIONS: 10. Mr. Walter Alsing, 3215 Encinal Avenue, said the people of the neighborhood were very happy that this plan for creating parking spaces in the "park strip" on Encinal Avenue between High and ?Post Streets, had been withdrawn by the owner and operator of Encinal Market. 11. `Mr. Frank Gottstein, 731 Haight Avenue, spoke in protest against the proposed removal of certain large trees which had been on Eighth Street for over one hundred years. He contended that the pattern for traffic in this area should have been established with more foresight in order to avoid having to take so much of the Washington Park land to widen Eighth Street. He suggested a study be made to construct another "ramp" from the South Shore to relieve the traffic congestion along Eighth Street - making each a one -way thoroughfare. He also reiterated at great length his complaints about the traffic congestion on Webster Street. Mr. Weller clarified the circumstances involved in the original planning of this street as part of the State Highway leading to the Shoreline Freeway which was still part of the Master Plan. He also stated consideration had been given to using Eighth and Burbank Streets as a "one -way pair ". Further- more, with regard to the huge palm trees which lined Eighth Street, the subject had been discussed with Mr. William Penn Mott of the East Bay Regional Park District, which agency it was hoped would develop the Alameda Memorial State Beach, and it was planned that these trees could be removed and replanted in the proposed park area. Mr. Weller emphasized that this whole matter had been -given much study and if and when Eighth Street must be widened, the State plans would have to be recognized. HEARINGS: 12' The matter. was called up concerning the recommended reclassification of three large areas on Bay Farm Island from "R- 1- A- H -40 ", "C- M- PD -H -40" and "C- M- PD -H -50" to "R- 1- A -PD ". This action was taken on the Board's Own Motion and covered approximately seventy -six and four- tenths acres of land. The Clerk stated the Affidavit of Publication of the Notice ofsaid Hearing in this matter was on file. Further, copies of the minutes of the Planning Board meeting at which this subject was con- sidered had been sent to the Councilmen for their information. Also, an ordinance for introduction had been prepared in the event the Council desired' to act favorably -on the Board's recommendation later in the meeting. The President read a statement by City Attorney Cunningham setting forth the legal issue before the Council. This was whether the findings and recommendation of the Planning Board in its advisory report based upon Section 11- 172(c) of the Alameda Municipal Code should be approved, modified or overruled. Upon request, Mr. Johnson, Planning Director, referred to his letter of July 26, 1966, in report on this matter. He also reviewed the history of the case and pointed up the advisability of the recom- mended rezoning in the future development of these sections of Bay Farm Island. Upon inquiry for proponents of and opponents to the question, there was noresponse. Mr. Jim McClure, 1416 Broadway, inquired what the height limitation would be in the construction in these areas. Mr. Johnson replied that there was none in the legislation but there would be, in fact, according to the Planned Development Permit. President Godfrey then declared the Hearing closed. Councilman La Croix moved the action of the City Planning Board be upheld and the areas in question be reclassified as recommended. Councilman Rose seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The matter was referred to "Introduction of Ordinances ". REPORTS OF OFFICERS BOARDS ETCETERA: 13, From Public Utilities Board (Special Sub - Committee), signed by Messrs: A. H. Ainslow and F. F. McClintock, concerning the provisions of Sec. 12 -6 of the City Charter with regard to the retention and transfer of certain earnings of the Bureau of Electricity. The President said he believed the diversity of interpretation of the provisions of this section of the Charter by the City "Council and by the Public Utilities Board made no significant difference over a given number of years. He felt, however, the points of honest difference should certainly be clarified and he suggested the subject be turned over to the City Attorney for a written opinion and that the interpretation he rendered be accepted and followed by both Bodies. There was considerable discussion of this situation and it was ultimately agreed that this was the proper procedure by which to establish a uniform system in this respect and continue to maintain harmonious working conditions between these two Agencies. 14. From City Manager, reporting all work satisfactorily completed on the project of Reconstructing Culverts. at Sixth Street and Haight Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be adopted; that the work on the specified project:. be accepted and the Notice of Completion be filed. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15Y From City Manager, reporting all work satisfactorily completed on the project of Constructing Sidewalk and Intersection Regrading on Otis Drive, between Mound and High Streets - recommend i ng it be accepted, the Notice of Completion be ordered filed and the contractor be released from his bond. Councilman La Croix moved the recommendation be followed; that the work on the designated project be accepted, the Notice of Completion be filed and the contractor be released from his bond. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. V/ 16. From City Manager, reporting all work satisfactorily completed on the project of Replacing Existing Culverts at Fernside Boulevard and Liberty Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be approved; that the work on this particular project be accepted and the Notice of Completion be filed. Councilman McCall seconded the motion which on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: "Ordinance No. New Series New Series 19. Councilman Rose re marked that he and Councilman McCall, the Council Capital Outlay Committee, planned to meet with Mr. Weller soon to discuss the the modern- ization of the Corporation Yard and ization of Fire Station No. 3, and said Committee would have a report ready on the se items for the next Council meeting. 20.r Councilman Rose also referred to the letter dated July 19, 1966, from the Public Utilities Board with reg ard to City Employee's Retirement Benefits. It had been requested that thought be given to changing the City's pre sent State Employees Retirement System plan to include the "1957 Survivors' Benefits". This matter had been submitted to the City Council at its meeting held August 2, and had been referred to the City Manager for study and report. 17. Councilman Bartley introduced the following ordinance, after which it was laid over under provi- sion of law and the Charter: An Ordinance Amending the Alameda Municipal Code by Adding Subdivision 5 to Section 17-344.1 Thereof, Relating to 24-Minute Parking Limit." (Clement Avenue, between Oak and Park Streets) 18. Councilman La Croix introduced the following ordinance, after which it was laid over under provi- sion of law and the Charter: "Ordinance No. An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Approxi- mately 76.4 acres comprised of three large sections of Bay Farm Island) UNFINISHED BUSINESS: At this time, Mr. Weller explained these provisions, pointing up that the "1957 SERS Amendment" was not substantially helpful in most cases. He believed it was not of any real value in at least ninety per cent of the employees' situations. Mr. Weller commented that he did not think it was necessarily a crash-type of program which should be adopted at once. 21i/ Councilman La Croix noted the presence of The Reverend Mr. Lawrence Nutting, Chairman of the Com- munity Action Program for Alameda. He stated that the Executive Committee of this Program had met recently to determine if the City qualified for financial grant from the Federal Office of Economic Opportunity. Councilman La Croix explained that the Committee had directed Mr. Nutting to request the Application Forms from the Federal Office for a study grant to ascertain the needs in this community and to inquire if Alameda Would, in fact, qualify for such financial aid. This was for the Council's information on the subject. 22. Councilman McCall stated he had talked recently with Mr. Raymond J. Nesbit, Executive Officer of Wildlife Conservation Board, who had inquired if he could attend the Board's meeting in Sacramento on Thursday, August 25, 1966. This would be for the purpose of presenting to the Board an explanation of the proposal for a Boat Ramp and Fishing Pier at the south end of McKay Avenue. Hesaid he had asked that Mr. Grant Mainland, Director of Recreation, accompany him to said meeting and he requested authorization from the City Council to appear before the Wildlife Conservation Board as indicated. Councilman La Croix moved that Councilman McCall be authorized to attend said meeting on behalf of the City of Alameda. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 23. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 7013 Adopting Specifications for Furnishing to the City of Alameda One (1) New Latest Model 76" Mower, for Golf Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 24. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 7014 Adopting Specifications for Furnishing to the City of Alameda One (1) New Latest Model, Seven -Unit Mower, for Golf Course, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 25. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7015 Approving Warrant No. 111 of Board of Trustees of Reclamation District No. 2105." ($86,764.93) The Motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. The President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 26. "Ordinance No. 1535, New Series An Ordinance Authorizing Purchase of Real Property for Public Street Purposes. (.0295 Acre -- Alameda Belt Line)." Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 27. Specifications No. MS 8 -66 -18 - One 76" Mower for Golf Department. 28. Specifications No. MS 8 -66 -19 - One Seven -unit Mower for Golf Department. 29. Financial Statement for Month of June, 1966, and Annual Report for Fiscal Year Ending June 30, 1966 - Bureau of Electricity. BILLS: 30. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $58,315.08, 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 McCall moved the bills as itemized in the List of Claims filed with the City Clerk on August 16, 1966, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 31. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, September 6, 1966, at 7:30 o'clock. Respectfully suhmitt