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1967-09-19 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING SEPTEMBER 19, 1967 The meeting convened at 7:30 o'clock p.m. with Vice President La Croix presiding. The Pledge of Allegiance was led by Councilman Bartley. ROLL CALL: The roll was called and Councilmen Bartley, Fore, Levy and Vice President La Croix, Jr., (4), were noted present. Absent: President McCall, (1). MINUTES: 1. The minutes of the regular meeting held September 5, and the adjourned regular meeting held September 12, 1967, were approved as transcribed. WRITIEN COMMUNICATIONS: 2' Davis, Craig & Bartalini, Attorneys for Shore Line Properties, Inc., signed by Mr. James B. Davis, requesting a one-year extension of time from October 6, 1967, in which to file the Final Map covering Tract No. 2894. (Bay Farm Island) Councilman Fore moved the request be granted and the period of time be extended to October 6, 1968, for said purpose. Councilman Levy seconded the motion which carried on the following vote. Ayes: Three. Noes: None. Abstaining: Councilman Bartley, (1). Absent: President McCall, (1). ORAL COMMUNICATIONS: 3Y( Mr. Frank A. Gottstein, 731 Haight Avenue, again complained about the noise coming from the City Parking Lot between Santa Clara Avenue and Haight Avenue, near Webster Street. He said the only solution to this nuisance would be to prohibit parking after 9:00 o'clock p.m. Vice President La Croix stated the Police were giving this area extra attention and would continue to do so in an effort to quiet the people late at night. HEARINGS: 4Y The Matter was called up concerning Public Convenience and Necessity re Assessment District No. 67-1; 5v Matter was called up concerning the Engineer's Report and Assessment re Assessment District No. 67-1; 6Y The Matter was called up concerning Resolution of Intention to Amend Resolution of Intention re Assessment District No. 67-1 - all of which pertained to certain Street Improvements in the vicinity of Otis School. The Clerk stated the Affidavits of Mailing, Publication and Posting of Notices of Improvement were on file. Also, letters of protest had been received from the following: Mrs. Paul Michaleto, 3120 Washington Street; Karl V. and Donna V. Hokanson, 2700 Otis Drive; Thomas W. and Yvonne D. Burris, 3251 Calhoun Street; Mr. and Mrs. Bertil Johnson, 1026 Fountain Street (represented by Alan H. Davidson, Attorney); Mr. and Mrs. C. L. Clegg, 1009 Peach Street; Mr. and Mrs. Joseph Brown, 3233 Calhoun Street; Mr. and Mrs. Charles W. Johnson, 1007 Peach Street; Mr. and Mrs. Ted Kaufman, 1083 Peach Street; Mr. and Mrs. Lee Gilbert, 1015 Peach Street. Letters in support of the formation of said HDistrictu were noted from the following: Mrs. Ursula McLean, 1026 Peach Street; the Board of Education; and Kenneth A. and Shirlee C. Miller, 1004 Peach Street. Further, the letter from Ralph E. and Isabelle O. Murphy, 1020 Peach Street, indicated they realized the need for such street improvements but were concerned about arrangements for paying their proportion of said assessment. Vice President La Croix then announced that this Hearing would be continued to the Council meeting to be held Tuesday evening, October 3, 1967. There being no objections, the Order of Business was revised and the meeting proceeded under ”Resolutionsfl. RESOLUTIONS: 7Y The following resolution was introduced by Councilman Bartley, who moved its adoption: uResolution No. 7209 Resolution Continuing Hearing and the Consideration of Bids for the Doing of the Work, Assessment District No. 67-1, City of Alameda, County of Alameda, State of California." The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President McCall, (1). The regular Order of Business was then resumed. HEARINGS: The Matter was called up with regard to the Appeal from the decision of the Planning Board to grant a variance to permit construction of an eight-foot fence across a portion of the rear property line at 3038 Marina Drive, owned by Mrs. Mary Lou Gans. The Appeal was filed by Mrs. Doris D. Bausch, 3041 Windsor Drive, whose lot abuts said rear line. Mr. Cunningham 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. He also advised that the Council's action could be by motion and conditions could be attached thereto if so desired. Upon request, Planning Director Johnson reviewed the history of this case, pointing up the fa ct that the tenants of the "Gans" property were Mr. and Mrs. R. F. Humphrey. Mr. Johnson referred to his memorandum dated September 18, 1967, and the sketch of the properties involved which clearly showed the very shallow rear yards. He said the Board had granted the variance for the eight-foot fence on the grounds of definite hardship in the deprivation of privacy with only a six-foot fence. Upon the call for proponents, Mr. Ralph Mendelson, Attorney, appeared on behalf of Mrs. Bausch, and submitted his arguments in favor of the Appeal. He also cited the regulation of the Fernside-Marina Home Owners Association restricting the height of fences in this district to six feet. He, too, reviewed the history of this case, calling attention to the fact that there was originally a high hedge between these properties. He distributed snapshots of the rear yard area and the fence in question for the Council's inspection. Mr. Edward McIntosh, President of the Fernside-Marina Home Owners Association, stated his Association was in opposition to the erection of an eight-foot fence and felt the tenants should abide by the rules of this organization. The Vice President then called for the opponents to the question and Mrs. Humphrey explained her family's need for privacy which had been eliminated by the destruction of the high hedge. She, also, distributed snapshots taken from her breakfast and living rooms and patio showing the complete lack of privacy due to the proximity of the dwellings involved. There being no further speakers, Vice President La Croix declared the Hearing closed. Councilman Bartley commented that he deplored the fact that the City Council had to arbitrate a dispute about a "backyard fence". He said, however, he would move the Appeal be granted and the action of the Plan- ning Board be reversed. The motion died for lack of a second. Councilman Fore inquired how long the Fernside-Marina Home Owners Association had been in existence and. Mr. Mendelson stated the "Tract Restrictions" showed a recording date of October 12, 1938. Councilman Fore then moved the Council grant the Appeal and thereby reverse the action of the Planning Board. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Councilmen Bartley, Fore and Levy, (3). Noes: Vice President La Croix, (1). Absent: President McCall, (1). REPORTS OF OFFICERS, BOARDS, ETCETERA: 9Y From City Manager, requesting authorization, as provided in Section 3-15 of the City Charter, to purchase in the open market at the best price obtainable a three-wheel vehicle for the Police Department. Councilman Bartley moved the request be granted and the City Manager be authorized to make the specified purchase in the open market under said Charter provisions. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President McCall, (1). The report was noted and ordered filed. 13:: From the Civil Service Board, signed by Mr. Forrest V. Routt, Jr., Personnel Director, transmitting its Annual Report for fiscal year 1966-1967. Councilman Levy, former member of said "Board", commented that this report was very thorough and con- clusive in showing what had been done for the City Personnel. He thereupon moved its acceptance. The motion was seconded by Councilman Bartley and carried unanimously. 10: From City Manager, recommending contract be awarded to J. H. Fitzmaurice, Inc., low bidder, for the project of Installing Improvements to the Grounds at Woodstock Park, at the total cost of S35,213. Councilman Bartley moved the recommendation be adopted; that contract be awarded to the designated firm for the specified project at the price quoted. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President McCall, (1). 11. From City Manager, recommending contract be awarded to John P. Kay for the project of Constructing a Recreation Center Building at Woodstock Park, at the total cost of $28,418. Councilman Bartley moved the recommendation be approved; that contract be awarded to Mr. Kay for the project indicated at the price quoted. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President McCall, (1). 12( From the Mayor, City Manager and City Auditor, submitting their report on the Count of Money held August 16, 1967, which indicated there was the sum of 6,966,029.99 in the City Treasury at that time. RESOLUTIONS: 14. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7210 Adopting Specifications for Furnishing to the City of Alameda One (1) New, Latest Model Trenching Machine with Dozer Blade for the. Golf Department, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President McCall, (1). 15. The following resolution was introduced by Councilman Bartley, who -moved its adoption: "Resolution No. 7211 Adopting Specifications for Furnishing to the City of Alameda Six (6) New, Latest Model, 21" Power Drive Reel Mowers for the Golf Course, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President McCall, (1). 16. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7212 Appointing Member of the Public Utilities Board." (H. Norman Eierman) The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President McCall, (1). 17. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7213 Appointing Member of the Civil Service Board." (Milton A. Keenan) 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: President McCall, (1). 18. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7214 Appointing Member of the Library Board." (Melvin H. Schwartz) The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President McCall, (1). 19. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7215 Establishing Initial Membership of Recreation Commission." (A. F. Blanchard, Elwood F. Heaney, Clarence R. Kline, Raymond P. Kranelly, Louis C. Steele, Harold T. Tebaldi and John Towata) The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President McCall, (1). 20. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7216 Resolution of the Council of the City of Alameda in Memoriam to Edward T. Monteiro, Retired Captain of the Alameda Fire Department "WITH HEARTFELT SORROW, the Council of the City of Alameda records the death of one of its former, loyal employees, EDWARD T. MONTEIRO, retired Captain of the Alameda Fire Department. "WHEREAS, Captain Monteiro had started his employ with the City as a Fire Fighter on March 3, 1914, and had diligently and competently performed his duties through the years which had earned his promotion to the rank of Captain; and 1942. "WHEREAS, Captain Monteiro had retired from the Alameda Fire Department on February 13, "NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Alameda acknowledges with appreciation the conscientious endeavors of Captain Monteiro during his many years of service to the people of the community and does hereby recognize the leadership he gave to the fraternal life of the City and the friendly spirit he exemplified to all. "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 Captain Monteiro 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 EDWARD T. MONTEIRO, Retired Captain of the Alameda Fire Department." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President McCall, (1). The Vice President then declared all of the foregoing resolutions adopted. ORDINANCES FOR PASSAGE: 21. "Ordinance No. 1556, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Turski Property - 520-530 Central Avenue and Southerly) Councilman Bartley moved the ordinance be passed as submitted. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: President McCall, (1). FILING: 22. Specifications and Provisions No. MS 9-67- 9 - Trenching Machine for Golf Department. 23. Specifications and Provisions No. MS 9-67-10 - Power Mowers for the Golf Course. 24. Financial Statement - Bureau of Electricity, as of July 31, 1967 - Verified by Hackleman, Larzelere & McKenna. BILLS: 25. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $82,013.66, 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 September 19, 1967, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: President McCall, (1). ADJOURNMENT: 26. There being no further business to come before the meeting, the Council was called up for a moment of silence in observance of the passing of Fire Captain Edward T. Monteiro, Retired. The Council then adjourned in respect to the memory of EDWARD T. MONTEIRO - to assemble in regular session on Tuesday evening, October 3, 1967, at 7:30 o'clock. Respectfully submitted,