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1968-05-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING MAY 7, 1968 The meeting convened at 7:30 o'clock p.m. with President McCall presiding.. The Pledge of Alle- giance was led by Councilman La Croix and was followed by an inspiring Invocation delivered by The Reverend Mr. Martell Twitchell, Pastor, Santa Clara Avenue United Methodist Church. ROLL CALL: The roll was called and Councilmen Bartley, Fore, La Croix, Jr., and President McCall, (4), were noted present. Absent: Councilman Levy, (1). MINUTES: 1. The minutes of the regular meeting held April 16, 1968, were approved as transcribed. WRITTEN COMMUNICATIONS: 2' 2. From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary - three letters dated April 3, April 18, and April 25, 1968, respectively, requesting approval of Warrants Nos. 140, 141 and 142 in the several amounts of S475,361.27, S177,777.77 and $448,975.99. These would be in payment of certain dredging work and to replenish the Revolving Fund. These matters were referred to faesolutions". 3'! From Alameda Cablevision, signed by Mr. John Convery, indicating its change of name and asking the Council's consideration of an Enabling Ordinance concerning a Franchise to operate said TV System. The President stated the Council had also received such an application from another company. However, since there was a bill pending before the State Legislature which would preempt the field of CATV Franchising, he suggested this request be held in abeyance until such time as the Council had received a report from the City Attorney on this question. There being no objections, it was so ordered. From County of Alameda Veterans Affairs Commission, signed by Mr. Allen F. Strutz, Treasurer, requesting the City to appropriate the sum of S250. for its share of the cost of Veterans Day Observ- ance to be held November 11, 1968, in San Leandro. The request was referred to the Alameda Chamber of Commerce for its disposition. 5. From Messrs. Richard Austin, Ashley Jones and The Reverend Mr. Gary Weatherly, requesting the opportunity to address the Council concerning the proposals on housing which were made at the last meeting of the City Council. The President said these gentlemen would be given the Floor later in the meeting under "Unfinished Business°. 6:11 From Park Street District Association, signed by Mr. Wayne McAfee, Vice President, announcing the creation of the Park Street Improvement Committee, which would promote activity to enhance building appearances and beautification of the business area. The Counci13s cooperation in this effort was solicited. President McCall stated the Council was indeed in favor of this endeavor and would surely work with this Committee diligently in creating an attractive atmosphere in the business district. HEARINGS: 7. The Matter was called up concerning the Appeal from the decision of the Planning Board to deny a variance to allow the construction of one additional dwelling unit without providing the necessary parking space required at 2521 Calhoun Street. The Appeal was filed by Mr. Albert Cecconi. Upon request, the City Attorney stated the issue before the Council was whether or not the action of the Planning Board taken under Section 11-161 (b) and (e) of the Alameda Municipal Code should be affirmed, modified or reversed. The President then called upon Planning Director Johnson, who reviewed the history of this case. He referred to his memorandum of May 3, 1968, copies of which had been sent to the Councilmen for their information. He emphasized that the lot in question was a very narrow and extremely deep parcel - 34.22 feet by 155.62 feet. Upon the call for proponents, Mrs. Albert Cecconi appeared and explained that the extra dwelling was to house her elderly mother and mother-in-law, neither of whom had an automobile or even drove one. The President then inquired if there were any opponents to the question. There was no response. It was ascertained there were no protestants at the Planning Board meeting either. President McCall declared the Hearing closed. Councilman La Croix then moved the Appeal be granted and the ruling of the Planning Board be reversed to allow the requested variance. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Three. Noes: Councilman Bartley, (1). Absent: Councilman Levy, (1). REPORTS AND RECOMMENDATIONS: Y/ 8. From, City Manager, recommending an extension of time of twenty-three days be granted to the Contractor in which to complete the new Fire Station. Councilman La Croix moved the recommendation be approved; that said extension of time be granted as requested. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 91 From City Manager, reporting all work satisfactorily completed on the project of Constructing a Pump Station and Sanitary Sewer at East Shore Drive and Meyers Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Bartley moved the recommendation be adopted; that work on the specified project be accepted and the Notice of Completion be filed. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 10. From City Manager, recommending an extension of time of twenty days, to June 4, 1968, be granted to the Contractor in which to complete the project of Installing ,a Storm Drainage System on Fernside Boulevard, Central Avenue and East Shore Drive. Councilman La Croix moved the recommendation be followed and the extension of time to June 4, 1968, be granted to said Contractor, as requested. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 11\1. From City Manager, with regard to an opportunity to purchase one 1,250-GPM Pumper for the Fire Department at great savings. It was recommended the Council approve the transfer of $25,000. from the General Fund to the Equipment Replacement Fund to permit said purchase in the open market under provisions of Section 3-15 of the City Charter. Councilman Bartley moved the recommendation be approved and the sum of $25,000. be made available for the purchase of the specified equipment - as provided in Section 3-15 of the City Charter. The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 12Y/ From City Manager, recommending contract be awarded to Gallagher & Burk, Inc., low bidder, for the project of Resurfacing Secondary Streets at the total cost of 24,545.45. Councilman La Croix moved the recommendation be adopted; that contract be awarded to the designated firm for the specified project at the price quoted. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 13./ From City Manager, recommending contract be awarded to Gallagher & Burk, Inc., low bidder, for the project of Resurfacing Peach Street from Washington Street to San Jose Avenue at the total cost of 3,677.50. Councilman Bartley moved the recommendation be accepted; that contract be awarded to the firm indi- cated for the particular project in question at the price quoted. The motion was seconded by Council- man La Croix and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Coun- cilman Levy, (1). y/ 14. From City Manager, reporting all work satisfactorily completed on the project of Installing a Storm Sewer in Jay Street from Pacific Avenue to Buena Vista Avenue and the Culvert Removal at Pacific Avenue and Arbor Street - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Bartley moved the recommendation be approved; that the work on said project be accepted and the Notice of Completion be filed. Councilman La Croix seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). y7 15. From City Manager, reporting all work satisfactorily completed on the project of Reroofing the Golf Course Clubhouse and Restaurant - 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. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). UNFINISHED BUSINESS: 16/ President McCall referred to the matter of low-income and open housing which had been discussed at some length at the last meeting. He said that, with regard to getting some of the "answers" to these problems as had been indicated at the previous meeting - he would like to read a statement at this time, as follows: "The urgent problem of decent housing, both temporary and permanent, for the residents of the former Estuary Housing Project is a difficult one to solve, and yet we are all agreed that a solution must be found. It does no good to point out again that the property in question is privately owned, that it is controlled neither by the Alameda Housing Authority nor by the City of Alameda, and that previous efforts to correct the situation have been frustrated by reliance on the promises of others which have not been kept and which were cruelly misleading to families desperately in need of help. It does no good to threaten and challenge and abuse the facts, because the only fact that is important is the fact that an impossible situation exists for nearly a hundred families in this city and a way must be found to correct it. "We believe that a way has been found. Using all of the legal powers available, all of the powers of persuasion, pressure and influence we can bring to bear, we believe that there is a sound and acceptable answer. It will involve, among others, the United States Navy, the State of California, the Alameda Housing Authority, the Alameda Unified School District, the landowners and the tenants themselves. This is an unbelievably complicated problem, because the City has so little authority it can use directly under the law. I ask that you give us your confidence for no more than sixty days. I assure you that we will use that time in diligent effort and that we will report fully and publicly when essential negotiations and agreements have passed the critical state. We are confident of success, and if sincerity and dedication are enough, we will succeed." He then acknowledged Mr. Richard Austin, 453 Buena Vista Avenue, who emphasized that the Council had been asked for three specific steps to be taken: (1) That the Housing Authority apply for "Section 23 Housing", (2) The relocation of present residents of Estuary Housing Project and (3) That the City Council assume leadership in assuring "Open Housing" in the community. Mr. Austin claimed that, periodically, when this subject had been brought before the City Council, whatever action had been taken was no more than would alleviate the crisis at that particular time. He contended the real problems had never been grasped at all. He agreed they were complicated. Mr. Austin stated the Coun- cil could provide the impetus which was needed in the community and he urged it to do so. The following also addressed the Council at this time: The Reverend Father Daniel Danielson of St. Josephrs Church; Mr. Bernard Chalip, 636 Tarryton Isle. It was stated that Mr. Ashley Jones and The Reverend Mr. Gary Weatherly had yielded their turns to the foregoing speakers. At this point, Councilman La Croix remarked that, in response to the request of certain "Concerned Citizens of Alameda" at the last meeting, a resolution has been prepared issuing a policy statement of the City Council concerning open housing. He thereupon read in full said Resolution, after which he introduced and moved the adoption thereof: "Resolution No. 7311 The motion to adopt said resolution was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). President McCall explained the steps already taken by the Council in its attempt to comply with requests to get action for better housing for these people in question. He stated that, just this afternoon, the City Manager and he had met with Captain M. Vance Dawkins, U. S. N., Commanding Officer of Alameda Naval Air Station, to discuss the situation. He assured the audience the Council fully intended to pursue the matter to effect proper results and he believed it was moving in the right direction. Councilman Bartley commented that everyone probably knew there was a new "open-housing" law recently passed by the Federal Government. He said he frankly felt the legislators had missed the boat because there were two areas they had not solved - one was prejudice and the other was poverty. He stated he would do whatever he could as a Councilman - and he knew the other members of the City Council would do whatever they could - to eliminate these two factors, if at all possible, within the City. Councilman La Croix also added that he concurred with the statement read by the Mayor and he expressed the hope that everyone concerned would understand the Council was united and had taken leadership in recognizing that these problems must be solved - and it was dedicated to this end. RESOLUTIONS: 17. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7312 Approving Warrants Nos. 140, 141 and 142 of the Board of Trustees of Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the r_,, following vote. Ayes: Three. Noes: Councilman La Croix, Jr., (1). Absent: Councilman Levy, (1). 18. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7313 Adopting Report of Road and Street Progress and Needs and Authorizing Submission Thereof to State Department of Public Works, Division of Highways." The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 19. The following resolution was introduced by Councilman Bartley, who moved its adoption: Declaring Policy in Favor of Open Housing and Urging Support Thereof by General Public." "Resolution No. 7314 Adopting Specifications, Special Provisions and Plans for Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter; Installation of House Laterals; Minor Street Patching with Asphalt Concrete for Fiscal Year Ending June 30, 1969, 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: Four. Noes: None. Absent: Councilman Levy, (1). 20. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7315 Adopting Specifications, Special Provisions and Plans for Pavement Repair and Resurfacing of Park Street from San Jose Avenue to Buena Vista Avenue, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman LaCroix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 21. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7316 Adopting Specifications for Furnishing to the City of Alameda Class "B" Portland Cement Concrete Transit Mix for Fiscal Year Ending June 30, 1969, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 22. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7317 Calling for Bids for Legal Advertising for the City of Alameda for the Fiscal Year 1968-1969." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 23. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7318 Supporting Recommended Program for Improvement and Development of the State Highway in Alameda County for 1969-1970." The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). The President then declared all of the foregoing Resolutions adopted. ORDINANCES FOR PASSAGE: 24. "Ordinance No. 1568, New Series Authorizing Execution of Amendment of Lease of Real Property by City to Pacific Shops, Inc. " Councilman Bartley moved the passage of the ordinance as submitted. Councilman La Croix seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). BILLS: 25. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 5153,146.65, 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 May 7, 1968, 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: Four. Noes: None. Absent: Councilman Levy, (1). ORAL COMMUNICATIONS, GENERAL: 26. Mr. Ashley Jones, 1040 Fair Oaks Avenue, stated it was gratifying that the Council had adopted the resolution pertaining to open housing. He said this action could, however, remain in the realm of "beautiful words, with no action". He emphasized that to respond to the racial crisis in Alameda, the housing needs of the citizens of Estuary must be met now. The authority to provide equal and adequate housing for the negroes in Alameda lay with the City Council through the Housing Authority of the City of Alameda. This "Authority" had shown itself incapable and unwilling to use its delegated authority to solve problems within its jurisdiction. Mr. Jones contended, therefore, the make-up of the "Authority" must be changed immediately so the City could request Federal Rent Supplements under Section 23 of the Housing Ordinance of 1937, and the City could make an orderly relocation of the residents in Estuary who wished to live in Alameda. "Concerned Citizens" must be cons ulted as to the new membership of the Housing Authority in order for it to be effective. He pointed up their belief that sixty days was too long for people to wait to hear something about their lives. Mr. Jones demanded that something be done "right now". Mr. Robert Marder, 3006 Bayview Drive, congratulated the Council for its adoption of the resolution under consideration - but pointed out this was merely the first tentative step. He stressed the fact that the real problem to be faced with regard to the approximate one hundred families still living in Estuary Housing Project was that of poverty. He believed the Committee on Low-Cost Housing was working on a program to alleviate this situation in connection with the relocation of these residents. Mr. Marder explained the procedure which would be involved in the use of "Section 23" by the local Housing Authority through an enabling ordinance passed by the local City Council. He said he had learned about this program from the City of Oakland where it was being implemented very satisfactorily to the benefit of all concerned. Mr. Marder claimed there was an urgent need for this type of program in the City of Alameda. He pleaded that there not-be a perpetuation of "ghettos" by the relocation of the Estuary people into other temporary housing sites. There should be new resources of housing and the quickest way to obtain action would be by the passage of an enabling resolution or ordinance tonight - or at the next meeting, after further study. Further, Mr. Marder urged that new appointments be made to the Housing Authority so there would be an effective Body. He stated that only then would the Council begin to make a start in providing the housing so desperately needed by these citizens. At this point, the President asked. City Attorney Cunningham to make a report on the provisions of "Sec- tion 23 of the Federal Housing Act" to the City Council. The following persons then expressed their opinions on the subjects of open housing and replacement of the personnel of the existing Housing Authority: The Reverend Mr. Bernard Mott, 1337-A Pearl Street; Messrs. John Doherty, 1329 Weber Street; Harold Hutson, 106-B Bach Street; Cleveland Smith, Estuary resident; Donald Bell, 2970 Gibbons Drive; Gary Seigel, 416 Santa Clara Avenue; Chris Sandholdt, 223 Central Avenue; Gary Baker, 1749 Everett Street; Bernard Chalip, 636 Tarryton Isle; Daniel Skarry, 1615 Oak Street; Cleaveland Hearn, 1806 Wood Street; Mesdames Lynn Jones, 1040 Fair Oaks Avenue; Betty Murphey) 3014 Fernside Boulevard; Betty Grandison, 2329 Pacific Avenue; Eleanor Tattersall, 1520 Central Avenue; Peggy and Patricia Doherty, 1329 Weber Street. Mr. Edward L. Snopkowski, 2823 Bayview Drive, spoke in support of the Council1s plan and deplored the insults and lack of decorum which had been committed at this meeting by certain speakers. The Reverend Mr. Gary Weatherly, 2233 Central Avenue, addressed the Council at the request of the Alameda Council of Churches, which had supported the three issues submitted to the City Council at its last meeting. He inquired just what the City Council planned to do in remedying this situation - to refurbish Estuary units or to move the people over to Western and Makassar Straits Village? He said the people, themselves, wanted to participate in the discussions and decisions as to where they were to be relocated. Mr. Weatherly stated the "Concerned Citizens" would like to again appear before the City Council in thirty days to hear a progress report from the Council and the people of Estuary about what had been done to allow those who wished to move elsewhere in the City. At this point, City Manager Weller spoke on the matter to clarify the circumstances. He said the whole purpose of what the City Council was attempting to do was to provide a real and honest and honorable option to the people of Estuary. Now, if they wanted to put all of their eggs in one bas- ket, so to speak - this could be done - and it would be much simpler. This was precisely what was done three or four years ago. They made the choice at that time and their choice, unfortunately, turned out to be wrong. He said he believed, however, it would be a mistake to assume that what the Council had in mind was to come back in sixty days, or less, and say, "Here it is - take it or leave it." Mr. Weller emphasized that was not the intention and there would be alternatives presented. During the course of the discussion of this issue, President McCall had stated - and he reiterated - that, if necessary, he would go to Washington, D. C., to get definite answers to certain phases of the problem. He asked that the interested parties have faith and confidence that the City Council was going to work diligently in this respect and it was hoped that some beneficial results would be effected even before the sixty-day period had elapsed. FILING: 27. Specifications No. PW 5-68-11 - Repair of Portland Cement Concrete Sidewalk, Driveway, Curb and Gutter for Fiscal Year Ending June 30, 1969. 28. Specifications No. PW 5-68-12 - Installation of House Laterals, for Fiscal Year Ending June 30, 1969 29. Specifications No PW 5-68-13 - Minor Street Patching for Fiscal Year Ending June 30, 1969. 30. Specifications No. PW 5-68-14 - Pavement Repair and Resurfacing of Park Street from San Jose Avenue to Buena Vista Avenue. 31. Specifications No. MS 5-68-10 - Furnishing Class "B" Portland Cement Concrete Transit Mix for Fiscal Year Ending June 30, 1969. 32. Amendment of Lease Between City of Alameda and Pacific Shops, Inc. 33. Financial Statement - Bureau of Electricity, as of March 31, 1968 - Verified by Hackleman, Larzelere, McKenna & von Kaschnitz. 34. At this point, President McCall asked that the Council retire to an executive session for con- tinued discussions of certain personnel matters considered at the special meeting held the night before. ADJOURNMENT: 35. There being no further business to come before the meeting - or action to be taken on the per- sonnel deliberations, the Council adjourned - to assemble in regular session on Tuesday evening, May 21, 1968, at 7:30 o'clock. Respectfully submitted, SPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD MONDAY EVENING MAY 13, 1968 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. ROLL CALL: The roll was called and Councilmen Bartley, Fore, La Croix, Jr., and President McCall, (4), were noted present. Absent: Councilman Levy, (1). NEW BUSINESS: 1. Receipt of the Notice and Agenda for this special meeting had been acknowledged by each of the Councilmen and was on file. The purpose of said meeting was to give consideration to prospective appointees to various Boards, Commissions and Committees of the City - and to take action thereon, if so desired. Councilman Bartley moved the Council go into executive session for its discussions in this respect. Councilman Fore seconded the motion which carried unanimously. Communications were read by the President from the following, submitting their resignations as Com- missioners of the Housing Authority of the City of Alameda: Messrs. Fred Zecher, effective May 9, 1968; Clarence Gilmore, John F. Hanly, Jr., George B. Johnson and Vernon S. Yallop, effective as of May 13, 1968. A lengthy discussion was had of prospective appointees to this Commission to replace those who had just resigned. Agreement was unanimous on a new membership of said Housing Authority but it was decided that no official action would be taken at this time pending acceptance of the proposed appointees. ADJOURNMENT: 2. Councilman La Croix moved this special meeting be continued to Wednesday evening, May 15, at 7:30 o'clock, in the Conference Room, City Hall, to take further action with regard to said Housing Authority personnel. Respectfully submitted,