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1965-04-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING APRIL 6, 1965 The meeting convened at 7:30 o'clock'p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by The Reverend Mr. Mervin Megill, Pastor of Immanuel Baptist Church. ROLL CALL: The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey, (5), were noted present. Absent: None. MINUTES: 1: The minutes of the meeting of March 16, 1965, were approved as transcribed and amended - by direction of President Godfrey - to include the affixation of a prepared statement read by Councilman Freeman setting forth certain points concerning the bonds and warrants in connection with Reclamation District No. 2105, as contained in Resolutions Nos. 6761 and 6762. WRITTEN COMMUNICATIONS: 2. From Corrine R. and Harold W. Gilmette, 535 !Palace Court, registering their objections to the sug- gested West Alameda site for a Peralta Junior College District Campus. v/ 3 From Mr. and Mrs. Gary R. Brown, 1710 Eighth Street, in opposition to said site for a Junior College Campus. The President directed that the letters be acknowledged and referred to the file on the subject. Councilman Freeman inquired if the City had been contacted by the Peralta Junior College District. President Godfrey replied that a copy of the minutes of the meeting held in Alameda had been received and he had talked with Dr. Dunn, who had told him he had been to Sacramento to confer with officials of the State Division of Beaches and Parks - and had reached no agreement. Dr. Dunn also remarked that he next planned to discuss the matter with Assemblyman Crown and an Alameda Committee. 4/ From the Laundry, Dry Cleaning, Industrial and Linen Supply Drivers Union, Local No. 209, signed by Mr. George R. Wilson, Secretary- Treasurer, submitting two suggested ordinances concerning "Clothes Cleaning Vehicle Signs" and "Clothes Cleaning Agency Identification" - and pointing up the need therefor. City Attorney Cunningham stated he and Mr. Wilson had discussed this matter - and he explained the cir- cumstances. The President then referred the case to Mr. Cunningham for the preparation of an ordinance for the Council's consideration. 51:{ From League of Women Voters of Oakland, signed by Mrs. Barbara E. Stone, President, and Mrs. Sara Harrington, Study Item Chairman, expressing its opposition to the Council's actions with regard to the proposed development of some 1,000 acres of marsh and tidelands off Bay Farm Island by Shore Line Properties, Inc. The communication was to be acknowledged and filed. 6 From City of Anaheim, signed by the Mayor, submitting a copy of its resolution in opposition to Assembly Bills Nos. 346 and 431 - relating to the apportionment of Construction and Maintenance Expense of Railroad Crossings to Public Agencies - and urging the City Council to also express opposition to said Bills. 7:7 From City of Long Beach, signed by the Mayor, submitting a form of resolution and certain argu- ments and urging the Council's support of legislation to permit cities in California to levy a 27. gross receipt tax on telephone companies. 8. From Mr. John E. Brennan, California State Citizens for Decent Literature, referring to Assembly Bill No. 1313, submitting a form of resolution and requesting the City Council to adopt a similar one relating to the problem of obscene literature. The latter three letters with regard to certain legislation were to be acknowledged and referred to the City Manager for his recommendation thereon. ORAL COMMUNICATIONS: 9.Y Mr. Frank Gottstein, 731 Haight Avenue, referred to the Assembly Bill concerning the proposed legislation to levy a 2% gross receipt tax on telephone companies. He felt said tax should be even higher. 1W: Mrs. Inez Kapellas, 1128 College Avenue, referred to a memorandum to the Councilmen from the City Attorney, dated April 2, 1965, relating to a resolution on the agenda which had been prepared by Coun- cilman Freeman. She inquired of the City Attorney concerning the details of certain alleged sales of tidelands by a former Tax Collector, Mr. Homer R. Dallas, and asked where she would be able to find the records of these transactions. Mrs. Kapellas was assured she could probably find them in the Tax Collector's office. 11. Mr. Clarence Gilmore, 111 Singleton Avenue, President of the NAACP, requested that the Council use its influence in urging that the State Senate pass Assembly Bill No. 221 which had been introduced by Assemblyman Crown, relating to Temporary War Housing. He explained that the delay in the resolving of this problem concerning the former Estuary Housing Project would probably result in higher rents than those previously quoted. He felt the City could exert some influence in this matter and these citizens needed this help. Upon request, Mr. Weller remarked that this Bill was similar to those which had been adopted at several previous sessions of the State Legislature. In effect, it provided for the extension of the terminal date for public housing and removed certain restrictions on the present requirement to raze the build- ings at the expiration of said time. President Godfrey then offered to call Assemblyman Crown to ascertain the exact status of the Bill. 12. Mr. G. N. Pope, 1820 Bay Street, felt the List of Bills should remain posted on the bulletin board for several days following each Council meeting just in case anyone was still interested in checking the items. It was agreeable that this be done. Mr. Pope expressed his disapproval of the Assembly Bill proposing legislation to permit cities to levy a 2% gross receipt tax on telephone companies. He thought any such tax would simply be passed on to the consumers. 13�. Mrs. Doris Chapman, 3025 Marina Drive, read an article from the San Francisco Chronicle of April 3, 1965, concerning Senate Bill No. 695 which provided for a $300,000. study by the Department of Public Works of a second crossing of San Francisco Bay, with the study being confined to the India Basin location. The President commented that Governor Brown, Chairman of the Toll Bridge Authority, had instructed Chief Engineer Foley to make financial studies on the cost of three bridges, (1) from India Basin to Alameda, (2) one southerly thereof, and (3) one in Marin County, called the "Y ". REPORTS OF OFFICERS, BOARDS, ETCETERA: 14. the Mayor, City Manager and City Auditor, reporting on the Count of Money held February 16, 1965 - showing the sum of $5,616,171.82 in the City Treasury at that time. The in'formation was noted and the report was ordered filed. 15. From City Manager, recommending contract be awarded to Western Toro & Garden Sales Co., Inc., low bidder, for furnishing one Trailer -type, Tree Spraying Machine to the Street Department, in the amount of $1,278.26. Councilman Rose moved the recommendation be approved; that contract be awarded to the designated com- pany for furnishing the specified equipment at the price quoted. The motion was seconded by Council- man La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16: From City Manager, recommending contract be awarded to Morris Landy Motors, for furnishing one Half -ton Pickup Truck to Street Department, in the amount of $1,851.20. Councilman Rose moved the recommendation be followed; that contract be awarded to said firm for fur- nishing the specified truck at the price quoted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 17. From City, Manager, reporting all work satisfactorily completed on the following three projects - recommending said work be accepted and the Notices of Completion be ordered filed: Installation of Storm Sewer on Thompson Avenue easterly of High Street; Installation of Storm Sewer on Pearl Street from Otis Drive to Calhoun Street; Installation of Storm Drains on Maitland Drive between Doolittle Drive and Golf Course Memorial Road. Councilman Rose moved the recommendation be adopted; that the work on the three projects indicated be accepted and the Notices of Completion be filed. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. , 18. From City Manager, recommending contract be awarded to Panky Overhead Doors, for the project of Installing Electrically Operated Overhead Aluminum Apparatus Door at Fire Station No. 2, at the total price of $2.048. Councilman Rose moved the recommendation be adopted; that contract be awarded to said firm for the specified project at the total cost quoted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 19." From City Manager, recommending contract be awarded to R. B. Gregory, low bidder, for project of Installing Sprinkler System in the West Portion of Krusi Park, in the total amount of $6,800. for Alternate A. Councilman Rose moved the recommendation be approved; that contract be awarded to the low bidder indi- cated for the designated project at the total amount quoted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 20. From City Planning Board, signed by the Secretary, submitting the matter of the requested rezoning of property known as 2022 High Street plus the lots known as 3201 Fernside Boulevard and 2020 High Street, from "C -1 ", Neighborhood Business District, to "R -5 ", General Apartment District. The petition was filed by Mr. Kenneth McKay, owner of the lot known as 2022 High Street. The date of the Hearing on this matter was set for the Council meeting to be held Tuesday evening, May 4, 1965. 21." From City Manager, recommending an extension of time of fourteen working days be granted to the contractor in which to complete the project of Installing a Storm Sewer on Broadway from La Jolla Drive to Calhoun Street. Councilman Freeman moved the recommendation be adopted and the requested extension of time be granted. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 22. Councilman Freeman introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." UNFINISHED BUSINESS: 23. Councilman Freeman called attention to the fact that the Council did not have at this time a map of Reclamation District No. 2105, showing which lands within said Reclamation District belonged to the City of Alameda, the Pbrt of Oakland or the State of California. She felt this was a matter of serious concern to the people of Alameda who had finally found recorded deeds showing City ownership to lands adjacent to Bay Farm Island below the line of ordinary high tide. Following some discussion, it was agreed that the City would request the District to furnish such a map. NEW BUSINESS: 24:" Councilman Freeman referred to the resolution on the agenda which she had prepared and, stated she wished to explain to the Council why this matter would be before it for consideration later in the meeting. She read'a prepared statement setting forth the historical background of the tidelands of the City of Alameda since its incorporation in 1854. Councilman Freeman stated she had certain deeds, the originals of which were in Sacramento, and she was awaiting an opinion from the State Legal Counsel thereon. Councilman Freeman referred to the memorandum of April 2, 1965, from the City Attorney with regard to said resolution and stated she could not understand why Mr. Cunningham had decided that it was not necessary to adopt the proposed resolution. She claimed there, would be no harm done by the adoption of this resolution since it would simply protect the public interest to the tide and submerged lands in the event they ever had been sold, because they belonged to the people - not only to the City of Alameda, as Trustees, but as Trustees of the State of California. RESOLUTIONS: 25. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6764 Adopting Specifications for Furnishing to the City of Alameda Three (3) New, 1965 Model, 111 Ton, 2 Cubic -Yard Dump Trucks with Dual Rear Wheels, Complete with Hoist and Dump Body Installed and One (1) New, 1965 Model, 3/4 Ton Chassis -Cab Truck, Complete with a Service Utility Body Installed, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 26. The following resolution was introduced by Councilman La Croix, who moved its adoption: 'Resolution No. 6765 Adopting Specifications for Furnishing to the City of Alameda Two (2) New, Latest Model, Two -Door 'Compact' Sedans for Building Department, and One (1) New, Latest Model, Four -Door Sedan for Street Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 27. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6766 Adopting Specifications for Furnishing to the City of Alameda One New, Latest Model, Automotive Engine Tester, Calling for Bids and Directing City Clerk to Advertise Same. "' The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6767 Adopting Specifications, Special Provisions and Plans for Installation of Culverts on Mound Street at Encinal Avenue and at Madison Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 29. The following resolution was introduced by Councilman La Croix, who moved its adoption: 'Resolution No. 6768 Rejecting Claim for Personal Injuries and Wrongful Death Made by Edwin Zupinski and Theresa Zupinski." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 30. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6769 Waiving Strict Compliance with the Provisions of the Alameda Municipal Code in the Matter of Sick Leave of Floyd E. Drake, Chief of Police." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6770 Authorizing Execution of Amended Agreement with County of Alameda Relating to Joint Purchasing Program." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 32Y The following resolution was introduced by Councilman Freeman, Who moved its adoption: "Resolution No. Resolution Providing for Refunds on Sales of Tide and Submerged Lands Erroneously Sold Since Enactment of Article XV, Section 3, State Constitution, and California Statutes 1913, as Amended 1917, Chapter 594, Page 907." Councilman McCall stated that he would second the motion in order to bring the resolution on the floor. The roll was called and the motion lost on the following vote. Ayes: Councilman Freeman, (1). Noes: Councilmen La Croix, Jr., McCall, Rose and President Godfrey, (4). Absent: None. 33. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 6771 Resolution of the Council of the City of Alameda in Memoriam to Harry T. Moore, Retired Public Works Maintenance Superintendent "WITH PROFOUND SORROW, the Council of the City of Alameda records the death of one of its former, loyal employees, HARRY T. MOORE, retired Public Works Maintenance Superintendent. "WHEREAS, Mr. Moore had been employed by the City of Alameda on May 21, 1933, as the Golf Course Foreman and was later transferred to the Street Department on June 1, 1939, where he became the Street Maintenance Supervisor and, eventually, also assumed the duties of Park Maintenance Supervisor. Subsequently, these positions were combined and Mr. Moore was appointed Public Works Maintenance Superintendent, the important responsibilities of which he undertook and very efficiently managed and in which capacity he was serving at the time of his retirement on October 15, 1962; and "WHEREAS, Mr. Moore was well qualified to direct his men and was greatly respected by them for his constant sense of fairness in all of his decisions and activities and was highly regarded by all citizens for his excellent cooperation in all civic enterprises. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda does hereby ack- nowledge with true appreciation the twenty-nine years of competent service rendered by Mr. Moore and his capable leadership and unquestioned integrity which promoted amicable relations and the wholehearted friendship of all of his fellow employees. "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. Moore 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 HARRY T. MOORE." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President then declared the foregoing resolutions adopted as indicated. ORDINANCES FOR PASSAGE: 34. "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Sections 11- 161(c), 11- 162(c) and 11 -173 Thereof, Relating to Fees for Variance and Use Permit Applications, and Rezoning Applications." Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman La Croix. Speaking on the question, Councilman Rose expressed his opinion that the proposed fee of $25. for a variance application was too high. The fees of nearby cities were reviewed and it was agreed that a more equitable schedule for this particular item might be determined upon. With the consent of his second, Councilman McCall then withdrew his motion. Following some discussion about the proper procedure to pursue to expedite an effective date for the increased fees, and upon the City Attorney's advice, the meeting was referred back to "Introduction of Ordinances ", in order that action on this matter might be started at this meeting. INTRODUCTION OF ORDINANCES: 35 Councilman Rose introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Sections 11- 161(c), 11- 162(c) and 11 -173 Thereof, Relating to Fees for Variance and Use Permit Applications, and Rezoning Applications." It was pointed out the only difference in this ordinance was that the fee for Variance Applications was to be $15. rather than $25., as previously indicated. The meeting was then returned to "Ordinances for Passage" and proceeded under the regular order of business. ORDINANCES FOR PASSAGE: 36. "Ordinance No. 1499, New Series An Ordinance Amending the Alameda Municipal Code by Amending Sections 12 -321 Through 12 -329 Thereof (Article 2, Chapter 3, Title XII), Relating to and Regulating Dance Halls and Dancing." President Godfrey moved the ordinance be passed as submitted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 37. Specifications No. MS 3 -65- 5 - Dump Trucks and 3/4 -Ton Truck. 38. Specifications No. MS 4 -65- 6 - Sedans for Building and Street Departments. 39. Specifications No. MS 4 -65- 7 - Automotive Engine Tester. 40. Specifications, Special Provisions and Plans No. PW 10 -64 -27 - Installation of Culverts on Mound Street at Encinal Avenue and at Madison Street. 41. Amended Agreement - Between City and County, Relating to Joint Purchasing Program. BILLS: 42. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $56,746.72, 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 April 6, 1965, and presented to the 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. 43. At this point, Councilman Rose extended a cordial invitation to all citizens of Alameda to attend the Twenty -sixth Annual Easter Sunrise Observance at Lincoln Park, beginning at 5:30 o'clock a.m., on April 18, 1965, under the auspices of American Legion Post No. 9. ADJOURNMENT: 44. The President then called up the audience to stand for a moment of silence in observance of the passing of Mr. Moore. There being no further business to come before the meeting, the Council adjourned in respect to the memory of Harry T. Moore - to assemble in regular session on Tuesday evening, April 20, 1965, at 7:30 o'clock. Respectfully subrnitted, .;j Ci ty Clerk