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1964-05-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING MAY 19, 1964. • The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman Rose and was followed by an inspiring Invocation delivered by The Reverend Father Edmond Cloutier, Assistant Pastor of St. Joseph's Church. ROLL CALL: The roll was called and Councilmen La Croix, Jr., McCall, Rose and President Godfrey, (4), were noted present. Absent: Councilman Freeman, (1). MINUTES: 1. The minutes of the regular meeting held May 5, - the adjourned regular meeting held May 12 (afternoon), - the adjourned regular meeting held May 12 (evening), - and the adjourned regular meet- ing held May 13, 1964 (evening), were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Regional Water Pollution Control Board, signed by Mr. John B. Harrison, Executive Officer, requesting the City to notify it of all beneficial water uses to be protected by the Board in the City's tidal waters. The President asked the Clerk to acknowledge the letter with the information that the matter had been referred to the City Planning Director for consultation and reply. 3. From Western Hearing Centers, signed by Mr. Martin Q. Burnson, requesting approval of certain proposed interior remodeling in the premises known as 1401 Park Street in order that a Building Per- mit might be issued. It was explained that the Redevelopment Agency had already approved the remodeling work, and the Council could approve the plans subject to clearance by the City Departments concerned. Councilman La Croix made a motion to this effect, and included the request that the City Attorney prepare the necessary resolution authorizing the issuance of the Building Permit. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). ORAL COMMUNICATIONS: 4:7 Mr. L. G. Stevenson, operator of Stevenson Pest Control Service of Oakland, addressed the Council on the subject of City licensing for this type of business. He explained the method of operation of such businesses and claimed the small operators simply could not afford to pay a license in every City in which they might do a little business. He pointed up the fact that each operator had already paid a State License fee, and he felt this should entitle him to conduct his business in any city in the State. He stated that some City Councils had waived the payment of their City License fee for this type of business. Mr. Stevenson urged the Council to check into this situation and make the - necessary adjustment to avoid putting the small- business operators out of business. City Attorney Cunningham explained the. legal aspects of the State Licensing regulations for certain professions and the City Business License Ordinance for revenue purposes only. 5:' Mr. Frank Gottstein, 731 Haight Avenue, voiced his objections to the method of operation in con- structing the street connection between Westline Drive and Eighth Street. He also referred to the speeding which went on in Posey Tube, and felt it could be stopped if a Traffic Officer patrolled the route. City Engineer Hanna explained the circumstances and reasons for the procedure entailed in this street project. 6. Mr. Mr. G. N. Pope, 1820 Bay Street, registered his complaint about the excessive speed traveled along Buena Vista Avenue by the truck - trailers of Matson Navigation Company. Mr. Pope also raised a question with regard to certain phases of the Urban Renewal proceedings in connection with the Public Hearings being held pertaining to the Park Centre Project. Mr. Cunningham clarified the law covering the questions of eminent domain proceedings and the legal interpretation of the term "blight ". HEARINGS: 7.� Continued from the Council meeting of April 21, 1964, the Matter was called up concerning Reso- lution No. 6519 declaring the preliminary determination that public convenience and necessity required the improvement of Garden Road (Assessment District). 8.1 Continued from the Council meeting of April 21, 1964, the Matter was called up with regard to Resolution of Intention No. 6522 to order the improvement of Garden Road between County and Mecartney Roads (Assessment District). There being no objections, the Hearings on these two matters were continued to the Council meeting to be held June 16, 1964. REPORTS OF OFFICERS, BOARDS, ETCETERA: 9.V From the City Manager, recommending the contract be awarded to A & J Shooter, Inc., low bidder, for the project of Installing a Sprinkler System in a Portion of Krusi Park, at the total cost of $10,316. for Method "A ". Councilman Rose moved the recommendation be adopted; that the contract be awarded to the designated company for the specified project at the price quoted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). 10.E From the City Manager, recommending the contract be awarded to Gallagher & Burk, Inc., low bid- der, for the project of Installing Street and Drainage Improvements at Palmera Court and Dayton Avenue, at the total cost of $2,493. Councilman Rose moved the recommendation be approved; that the contract be awarded to the firm indi- cated for the project as set forth at the price quoted. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Council- man Freeman, (1). 11. From the City Attorney, submitting his opinion that Paragraph 4(e) contained a valid provision of the Fill and Dredge Agreement between the City and Bernhard & Associates, providing for payment to the City of five cents per cubic yard for the City -owned underwater fill material to be used in the proposed development. The information was noted. The matter was then referred to "Introduction of Ordinances ". 121 From the City Planning Board, signed by the Secretary, recommending approval of the Tentative Maps of Tracts Nos. 2646 and 2647, covering thirty- two -unit condominium divisions on Parcels 1 and 2 of Property Division Map'No. 110 - located on Shore Line Drive near Westline Drive. Councilman Rose moved the Council approve the Tentative Maps of Tracts Nos. 2646 and 2647 as sub- mitted, subject to the recommendations of the City Engineer. The motion was seconded by Councilman La Croix and on roll call carried by the following vote., Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). 13. From the City Planning Board, signed by the Secretary, requesting a thirty -day extension of time in which to consider the petition to rezone certain property near the intersection of Mecartney Road and Island Drive. Petition filed by Dart Construction Company, which granted permission for said requested continuance of the Hearing thereon. Councilman Rose moved the extension of time be ,ranted in which to give further consideration to this matter. The motion was seconded by Councilman La Croix and unanimously carried. 141 From the City Planning Board, signed by the Secretary, recommending denial of the petition to rezone certain properties on Fourth Street, Taylor Avenue and Fifth Street, as specifically enumer- ated - from "R -2 ", Two - Family Residence District, to "R -4 ", Neighborhood Apartment District. The,: Public Hearing on this matter was set for the Council meeting of June 16, 1964. 15. From the City, Planning Board, signed by the Secretary, recommending the reclassification of cer- tain property at Webster Street and the Estuary, from the "M -2 -G ", General Industrial (Manufacturing) District - Government, to the "R -5 ", General Apartment District. This matter was set for Public Hearing before the Council at its meeting to be held Wednesday, June 3, 1964. INTRODUCTION OF ORDINANCES: 16. 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 Adding to Title IV, Chapter 3, a New Article 3, Relating to Public Beaches, and Enacting Section 4 -331 Thereof Prohibiting Certain Tents or Other Shelter Structures on Said Beaches." 17. Councilman La Croix introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Granting Bernhard & Associates an Exclusive License, Right and Privilege to Fill, Improve and Develop Certain Salt Marsh, Tidelands and Submerged Lands of the City of Alameda "in Accordance with Land Use Plan Submitted by Said Bernhard & Associates, and Authorizing Execution of Agreements Pertaining Thereto." UNFINISHED BUSINESS: J 18. Councilman McCall referred again to the traffic situation on Harrison Street in Oakland and inquired what progress was being made toward rectifying the confusing traffic pattern. Mr. Hanna stated he had been working on the matter and had asked his Engineers to make a sketch of this area for presentation to Mr. Weller, who could then consult with Mr. Wayne Thompson, City Manager of Oakland, in an effort to remedy this condition. RESOLUTIONS: 19. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 6619 Declaring Opposition of City of Alameda to Any Southern Bay Crossing Having Terminus or Accesses Thereto Within Said City." The motion to adopt said resolution was seconded by Councilman Rose. Speaking on the question, there was considerable discussion of this issue. Councilman McCall strongly expressed his opinion that such action would be not only futile but also cause embarrassment to the Council due to the existing law covering this subject, and the present thinking of the State officials. Councilmen La Croix, Rose and President Godfrey voiced their protest against the City of Alameda being a terminus for any proposed crossing of San Francisco Bay. As had been requested earlier in the meeting, Mr. Wesley F. Suman, President of the Alameda Chamber of Commerce, addressed the Council concerning this matter. He stated the Transportation Committee of the "Chamber" had asked him to request the City Council to defer action on this resolution in order that all phases of the question might be given full consideration before the City took a firm, official position. Mr. Frank Gottstein said he felt the Council should indicate its opposition to the City being used as a terminus for any such crossing. Mr. Weller spoke on the subject and remarked that if the City did not express its opposition to the proposed route of the crossing, the State officials might very well assume the City had no objections thereto. He felt the Council should follow its convictions and take its stand. The President stated he, too, was not in favor of deferring action. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen La Croix, Rose and President Godfrey, (3). Noes: Councilman McCall, (1). Absent: Councilman Freeman, (1). The President suggested copies of this resolution be forwarded to the following: Assemblyman Robert W. Crown, Congressman George P. Miller, the Toll Bridge Authority, the State Highway Commission, Secre- tary of the Mayors' Conference of Alameda County and The Honorable John F. Shelley, Mayor of the City of San Francisce. 20. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6620 Directing Transfer from General Fund to Capital Outlay Fund of Sum of $300,000., as Authorized in 1963-1964 Budget." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). 21. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6621 Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1964-1965." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). 22. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6622 Adopting Specifications for Furnishing to the City of Alameda for the Fiscal Year Ending June 30, 1965, Gasoline, Traffic Paint and Thinner,: 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: Four. Noes: None. Absent: Councilman Freeman, (1). 23. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6623 Adopting Specifications, Special Provisions and Plans for Minor Street Patching with Asphalt Concrete, Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter, and Installation of House Laterals, for the Fiscal Year Ending,June 30, 1965, 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: Four. Noes: None. Absent: Councilman Freeman, (1). 24. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6624 Adopting Specifications for Furnishing to the City of Alameda for the Fiscal Year Ending June 30, 1965, Class 'B' Portland Cement Concrete Transit Mix, 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: Four. Noes: None. Absent: Councilman Freeman, (1). 25. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6625 Adopting Specifications, Special Provisions and Plans for Paving Work in Various City Parks, 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: Four. Noes: None. Absent: Councilman Freeman, (1). 26. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6626 Adopting Specifications, Special Provisions and Plans for Painting and Decorating of Portions of City Hall, 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: Four. Noes: None. Absent: Councilman Freeman, (1). 27. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6627 Permitting Sidewalk Encroachment for Junior Chamber of Commerce Art and Hobby Exhibit." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). The President declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 28. "Ordinance No. 1463, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (28) to Section 17 -442 Thereof, Relating to Electrically Operated Traffic Control Signals (High Street and Santa Clara Avenue)." Councilman Rose moved the ordinance be passed as submitted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Freeman, (1). FILING: 29. Financial Statement Bureau of Electricity, as of March 31, 1964 - Verified by Hackleman & Larzelere. 30. License Agreement and Fill and Dredge Agreement between City of Alameda and Bernhard & Associates. 31. Specifications No. MS 5 -64 -2 - Traffic Paint and Thinner for Fiscal Year 1964 -65. 32. Specifications No. MS 5 -64 -3 - Premium and Non- Premium Gasoline for Fiscal Year 1964 -65. 33. Specifications No. MS 5 -64 -5 - Class "B" Portland Cement Concrete Transit Mix for Fiscal Year 1964 -65. 34. Specifications No. PW 5 -64 -14 - Paving Work in Various City Parks. 35. Specifications No. PW 5 -64 -15 — Painting and Decorating of Portions of the City Hall. 36. Specifications No. PW 5 -64 -16 - Minor Street Patching with Asphalt. Concrete for fiscal year 1964 -65. 37. Specifications No. PW 5 -64 -17 - Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter for Fiscal Year 1964 -65. 38. Specifications No. PW 5 -64 -18 - Installation of House Laterals for Fiscal Year 1964 -65. BILLS: 39. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $21,047.53, 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 May 19, 1964, 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: Four. Noes: None. Absent: Councilman Freeman, (1). 40 At this point, Councilman McCall announced that on. Monday evening, June 15, 1964, the City of Alameda, in conjunction with the Alameda Lodge of Elks and the Alameda Chamber of Commerce, would conduct the Annual Flag Day Observance. The program will start at 7:15 o'clock with a parade from Jackson Park. The Flag - lowering ceremony will be held in front of the Elks Lodge building and the history of the American Flag will be exemplified by the Lodge Officers in the Lodge Hall. Council- man McCall expressed the hope that all would plan to attend this very impressive ceremony. President Godfrey congratulated Councilman McCall and expressed appreciation to him for the many years he had planned and arranged the Flag Day Ceremony for the community. ADJOURNMENT: 41. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Wednesday evening, June 3, 1964, at 7:30 o'clock. Respectfully submitted, . --City Clerk