Loading...
1967-03-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING MARCH 7, 1967 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman McCall and was followed by an inspiring Invocation delivered by The Reverend Mr. Harold Petroelje, Pastor of First Christian Reformed Church. ROLL CALL: 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 February 21, 1967, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Bay Farm Island Reclamation District No. 2105, signed by Mr. Gordon R. Briggs, Secretary, requesting approval of Warrant No. 122 in the amount of 8350,929.29 in payment of certain dredging work. The matter was referred to "Resolutions". 3. From Mrs. Carl E. Baitinger, 2124 San Jose Avenue, inquiring about the assessment and taxes levied on certain parcels located on the south side of Encinal Avenue between Chestnut and Lafayette Streets - awned by St. Joseph's Church. Mrs. Baitinger's letter stated she had heard these properties were "tax free" even though they were all business rentals. The Clerk was to acknowledge the communication and inform Mrs. Baitinger that these properties had been assessed according to law - the taxes had been levied and presently had been paid. Also, to inform her that the Assessor's books were available for inspection at any time. ORAL COMMUNICATIONS: 4 Mr. Frank Gottstein, 731 Haight Avenue, reiterated his complaint about the traffic congestion on Webster Street. He believed there should be no parking allowed on said street north of Buena Vista Avenue. There was some discussion about this condition and City Engineer Hanna was asked to bring the suggested "no parking" before the next meeting of the Traffic Advisory Committee and submit a report on the expected budget. HEARINGS: 5. The matter was called up concerning the Appeal from the decision of the Planning Board to grant a Use Permit to Mr. Steve Chrissanthos, for the operation of a Self-Service Laundry at 2170 Encinal Avenue. This would change one non-conforming use of Electrical Appliance Repair to another non- conforming use of a laundry, as indicated. The Appeal was filed by Mrs. Earl C. Tindall, Jr., owner of a four-plex on the adjacent property at 2164 Encinal Avenue. The Clerk stated all interested parties had been notified that this meeting of the Council was the time and place for the Hearing in said matter. Upon request, Mr. Donald Johnson, Planning Director, reviewed the history of this case. He remarked that there had been consideration given to the parking problem in the neighborhood but it had been determined that the change of use would not aggravate this condition. City Attorney Cunningham then stated the legal issue before the Council was whether or not the action of the Planning Board, under Sections 11-151 and 11-152 and Section 11-162(e) of the Alameda Municipal Code should be affirmed, modified or reversed. Upon the call for proponents of the Appeal - Mr. Earl Tindall appeared and stated he felt the change of use would only add to the litter already generated by the grocery store on the corner presently operated by Mr. Chrissanthos. He felt the laundry would bring more people into this residential neigh- borhood and create more noise and would worsen the existing conditions. The President then inquired if there were any opponents to the Appeal and there was no response. The Hearing was declared closed. Councilman McCall spoke on the subject and then moved that the Appeal be granted and the ruling of the City Planning Board be reversed which would deny a Use Permit for a Self- Service Laundry at 2170 Encinal Avenue. The motion was seconded by Councilman La Croix. Speaking on the question, Councilman Bartley expressed the opinion that granting Use Permits for non- , conforming businesses was a dangerous practice. He pointed up the fact that there were many such prop- erties in the City which fell into this same category, and they had caused some difficult decisions to be made by the Planning Board and the City Council - only because the City had not "phased out" these existing Use Permits. Councilman Bartley emphasized such old Use Permits in residential areas detracted from the commercial potential within the properly zoned commercial districts. He believed the City should make a policy determination on how it was going to phase out these small business areas and he felt the neighbors were being penalized from the traffic already being generated from the existing business. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. At this point, Mr. Steve Chrissanthos addressed the Council. He stated he thought the only problem was that of parking. He explained that if he were allowed to establish the laundry, the party who was pre- sently operating the Appliance Repair business would be removing two trucks and a car - which would eliminate much of said problem. It was developed that he had not understood he should have spoken in his behalf when the President called for opponents to the Appeal. Upon inquiry, Mr. Cunningham stated the Council could reconsider its vote - anyone could change his vote prior to its being entered in the minutes. Mr. Chrissanthos was also informed that he could again submit an Application for a Use Permit to the Planning Board, which would start the proceedings once more. The President then inquired if any Councilman desired to reconsider and change his vote in this matter. There was no response in this respect. Mr. Taylor, Distributor for Frigidaire for Northern California, said his client wanted to improve this property which would add S25,000. to the tax roll and would eliminate a fire hazard next door to his grocery store. President Godfrey stated the Hearing had been held and closed - the Council had been asked if anybody would like to reconsider his vote in view of the last-minute testimony - and no one did - so the matter was closed for this time. REPORTS OF OFFICERS, BOARDS, ETCETERA: 6. From City Manager, reporting all work satisfactorily completed on the project of Mixing and Placing Materials on the Greens of the Old Municipal Golf Course - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Rose moved the recommendation be followed; that the work on the specified project be accepted and said Notice of Completion be filed. Councilman McCall seconded the motion which carried on the fol- lowing roll call vote. Ayes: Five. Noes: None. Absent: None. 7. From City Manager, recommending contract be awarded to Manuel C. Jardim, low bidder, for the proj- ect of Installing a Storm Sewer in Stanton Street from Pacific Avenue to Buena Vista Avenue, at the total cost of 38,605.95. Councilman Rose moved the recommendation be adopted; that contract be awarded to the designated bidder for the specified project at the price quoted. The motion was seconded by Councilman McCall and on roll call carried on the following vote. Ayes: Five. Noes: None. Absent: None. 8. From City Manager, recommending contract be awarded to Gallagher & Burk, Inc., low bidder, for the project of Culvert Reconstruction at the Intersection of Santa Clara Avenue and Linden Street, at the total cost of 3,968.75. Councilman Rose moved the recommendation be approved; that contract be awarded to the firm indicated for the project in question at the price quoted. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 9Y From City Manager, recommending the Council's approval of the expenditure of 82,750. from the Equip- ment Replacement Fund and 3650. from the Fire Department operating budget in the refurbishment of the Grand Street Fire Station. Councilman Rose moved the recommendation be accepted; that the expenditures set forth be approved in the refurbishment of said Fire Station. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 10. From City Manager, recommending the expenditure of approximately $11,364. be authorized to purchase a new accounting machine in the Auditor's Office. Recommending, further, the Council determine that said equipment could be acquired more economically in the open market, as provided in Section 3-15 of the City Charter. Councilman McCall referred to the City of Newark having recently converted its accounting system to IBM and he said they had certain National Cash Register equipment which he thought should be investigated to see if it could be used by the Auditor's Department. He remarked that the machine would be available for the sum of $5,000. Mr. Weller reported that he had seen the equipment in question and had told the Auditor about it. He, in turn, had sent one of his representatives to check on the machine and it was decided this was not suitable for the City's purposes. Considerable discussion ensued on the subject of the present City Accounting System - or planning toward a Central Finance Department. Mr. Weller reviewed the situation and pointed out the proposal for a Central Finance Director had been on the ballot at two Municipal Elections and it had been defeated both times by vote of the people. He also spoke of the new accounting equipment being installed at the Bureau of Electricity and had suggested to the Auditor that some arrangements could be made for joint use thereof but the Auditor had said it could not be adapted to City needs. Mr. Weller stated he was submitting the Auditor's recommendation as he felt he must under provision of the City Charter. The question was raised about the possibility of a lease-service contract on such equipment - but Mr. Weller advised that this arrangement did not work out advantageously. Councilman McCall still contended the Bureau of Electricity, the Board of Education and the City Hall should consolidate their accounting systems to obviate the duplication of equipment and there should be more coordination and cooperation between the people in the several administrative branches of the City in this respect. He requested that a full report be made on such a consolidation. President Godfrey said that, if it met with the approval of the City Council, he would consult with Mr. Weller to ascertain what formula might be worked out to explore these possibilities with the other public agencies. The matter of authorizing the purchase of said new machine for the Auditor1s Office was held over. 11. From City Manager, concerning the one bid received on the City's call for a two-ton Dump Truck with Loader, for the Street Department. It was recommended that said bid be rejected and authoriza- tion be given to purchase this vehicle in the open market under provisions of Section 3-15 of the City Charter. Councilman La Croix moved the recommendation be approved; that said bid be rejected and authorization be given to purchase this truck in the open market in accordance with the City Charter. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. V/ 12. From City Manager, reporting all work satisfactorily completed on the project of Drainage Improve- ments on Sherman Street from Central Avenue to Santa Clara 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. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13' City Manager, recommending the improvements in Tract No. 2730 be accepted and the bond held in force with regard to adjoining Tract No. 2913, which was also nearing completion. Councilman Bartley moved the recommendation be followed; that the improvements in said Tract be accepted but the bond held in force pending completion of improvements in adjoining Tract No. 2913, also covered by the same bond. The motion was seconded by Councilman La Croix and carried on the fol- lowing roll call vote. Ayes: Five. Noes: None. Absent: None. 14. From City Manager, reporting all work satisfactorily completed on the project of Constructing the Diving Pool Addition at Alameda Swim Center - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Bartley moved the recommendation be adopted; that the work on the specified project be accepted and said Notice of Completion be filed. Councilman La Croix seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15Y' From City Manager, submitting recommendation of the Golf Course Steering Committee, to employ Mr. Kenneth C. Caldwell for one month at a cost of S900. to supervise the maintenance program of the Muni- cipal Golf Courses. Councilman Rose commented that there were a number of loose ends still involved in the rebuilding proj- ect and it was believed Mr. Caldwell would see that everything was completed and the proper maintenance program established for the Golf Courses. Councilman Rose then moved Mr. Caldwell be employed for the specified period at the compensation of 8900. for the purpose stated. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16. From the City Planning Director, submitting a report on the progress of the West End Study. President Godfrey remarked that there had been a great deal of time and effort put into reviewing the responses of the Consultants and he thanked the committee for its work in this respect. It was antici- pated that a recommendation on this matter would be submitted to the Council for its consideration at the meeting of March 21. 1 17. From City Manager, requesting authorization to negotiate an Agreement for the Operation of a Con- cession at the Grand Street Boat Ramp for a Bait Shop, Cafe and Gas and Oil Dispensary. Councilman La Croix moved the request be granted and the City Manager proceed accordingly. Councilman Bartley seconded the motion which carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. Councilman McCall suggested that a copy of the Drawing covering the layout of the proposed concession be sent to Mr. Raymond Nesbit, Executive Officer of the Wildlife Conservation Board of the State of California, to let him know the City was still looking forward to consummating an agreement for the development of a Boat Ramp and Fishing Pier on San Francisco Bay at the south end of McKay Avenue. The City Manager was asked to have said drawing forwarded to Mr. Nesbit. 18. 4/ From City Manager, recommending contract be awarded to Ransome Company, low bidder, for the proj- ect of Improving Portions of Fitchburg Avenue and Beach Road at the total cost of $12,093.66. It was pointed out the work was to be financed by a Special Assessment District. Councilman McCall moved the recommendation be adopted; that 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: Five. Noes: None. Absent: None. In conjunction with this project, Mr. Weller referred to his memorandum of March 6, 1967, and inquired if the Council desired to consider at this time the suggested allocation of funds and the method pro- posed for the payment of the work through the Assessment District. The total cost would be S15,288.02. The City's total share would be S6,984.79 and the balance of 39,510.43 would be contributed by benefited private property owners. He submitted his recommendation covering all phases of the financing of said "District". Councilman La Croix moved Mr. Weller's recommendation as set forth in his memorandum of March 6, 1967, be approved. The motion was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 19. Councilman McCall 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 Subdivision (39) to Section 17-442 Thereof, Relating to Electrically Operated Traffic Control Signals." (Third Street and Atlantic Avenue) UNFINISHED BUSINESS: v' 20. President Godfrey reported that at the last meeting of the Mayors' Conference, held in Hayward on March 1, he had indicated that the City of Alameda was not happy with the City of Oakland having a three-member representation at ABAG. He stated Mr. Robert Hannon, President of Alameda County Board of Supervisors, also spoke in opposition to this. The President commented that the Chairman of the Mayors 1 Conference had turned the matter over to a committee to make a study and to report back at the next meeting. 21. Councilman Rose then reported on his attendance at the last meeting of ABAG, at which time action was, in effect, confirming the recommendations of the Goals and Organization Committee from the previous meeting. 22. President Godfrey then commented that he was glad the Mayors t Conference had appointed a committee to study the problem of refuse disposal. NEW BUSINESS: 23 Councilman McCall referred to the lengthy dissertations on certain subjects carried on by Mr. Frank Gottstein at the City Council meetings - after which he would leave. He felt this was not fair to those in the audience who were present to discuss matters actually on the agenda or who were inter- ested in the Councilts actions on given items. He said he believed the Council should reconsider the Order of Business and place "Oral Communications" last on the agenda. President Godfrey concurred with Councilman McCall on this matter and suggested that possibly it could be discussed at this time and settled or, at least, given some thought so it could be brought up at the next meeting for proper action. Councilmen Rose and Bartley indicated their hearty approval of placing Oral Communications at the end of the agenda. Councilman La Croix expressed disapproval of amending the Order of Business just because of one person. The City Attorney clarified certain interpretations of the Alameda Municipal Code in this respect. President Godfrey said he did not believe in being too restritive of any citizen who desired to speak to the City Council. He stated he would like to have Oral Communications at the beginning of the agenda for someone who wanted to speak on a subject actually on said agenda - then, at the end of the agenda - have an opportunity for a "free-for-all". Mr. Cunningham was directed to make a determination upon this idea and, possibly, prepare an ordinance for the Council's consideration at the next meeting. vy 24Y Councilman McCall then broached the subject of the reconstruction of the Fruitvale Bridge. He said he had read the report in the office of the U. S. Army Corps of Engineers, signed by the District Engi- neer, and there were definitely funds allocated by the Federal Government to rebuild this two-lane Bridge, subject to the agreement of the Cities of Oakland and Alameda and the County of Alameda, to finance their respective shares. He felt it was time to again activate the matter and request the Con- gressional representatives to once more pursue the possibilities of getting a new Fruitvale Bridge. Councilman McCall commented he was hopeful of achieving a new four-lane Fruitvale Bridge while he was a City Councilman. Mr. Weller reviewed the history of this issue, pointing up that the real stumbling block to obtaining said Bridge was that the Federal Government had established certain conditions under which it would replace the Bridge to a two-lane width. Two of said conditions were unconstitutional in the State of California and he explained the details. He expressed the belief that this problem would have to be resolved by Congress and not through the office of the District or Regional Engineers of the U. S. Corps of Engineers. Councilman McCall still felt the City of Alameda should again explore every avenue possible relative to opening up this subject. He suggested Congressman Miller be asked to discuss this matter with not only this City Council, but also the County Board of Supervisors, the Port of Oakland and the City of Oakland to enact some necessary legislation to get proper action from the Federal Government. Mr. Weller said the first step would be to ask Congressman Miller if he could have removed the require- ment of the Federal Government that the local public agencies maintain and operate the rail bridge. He was then directed to write such a letter. 257 Councilman McCall next expressed his interest in the study to be made by the Committee of the Alameda County Mayors' Conference on Refuse Disposal. He mentioned that he was the Chairman of the Water Pollution and Solid Wastes Disposal Committee of the League of California Cities and was to attend a meeting of this Committee to be held in Sacramento on March 31. President Godfrey offered to get him a copy of the report of the study on this matter by the Committee of the Mayors' Conference. RESOLUTIONS: 26. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7103 Approving Warrant No. 122 of Board of Trustees of Reclamation District No. 2105." (6350,929.29) 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. 27. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 7104 Adopting Specifications for Furnishing to the City of Alameda Four (4) New, Latest Model Four-Door Sedans for the Police Department, 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: Five. Noes: None. Absent: None. 28. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7105 Directing Performance of Street Performance Work, in Fitchburg Avenue - Beach Road Improvement District, and Declaring Costs Thereof Shall Become Lien Upon Benefitted Property." The motion to adopt said resolution was seconded by Councilman McCall 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: 29. "Ordinance No. 1544, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivisions (37) and (38) to Section 17-442 Thereof, Relating to Electrically Operated Traffic Control Signals." Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 30. "Ordinance No. 1545, New Series An Ordinance Amending the Alameda Municipal Code by Adding Section 11-3118.1 Thereto, and Amending Section 11-3118 Thereof, Requiring Undergrounding of Utilities in Subdivisions." Councilman Bartley moved the ordinance be passed as submitted. The motion was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. FILING: 31. Specifications No. MS 3-67-4 - Furnishing Four Sedans to Police Department. BITJS: 32. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 143,309,22, 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 March 7, 1967, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 33. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, March 21, 1967, at 7:30 o'clock. Respectfully submitted, /City Clerk (17