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1966-09-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING - SEPTEMBER 6 1966 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman Bartley and was followed by an inspiring Invocation delivered by The Reverend Mr. J. Paul Coleman, Pastor of First Methodist 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 August 16, 1966, were approved as transcribed. WRITTEN COMMUNICATIONS: 2.' From Davis, Craig & Bartalini, Attorneys for Bay Farm Island Reclamation District No. 2105, signed by Mr. James B. Davis, requesting approval of Warrant No. 112 of the District in the amount of $27,328.08, in payment of certain dredging work.. The matter was referred to "Resolutions". 3Y From Alameda County Board of Supervisors Vice Chairman, Mr. Leland W. Sweeney, Supervisor, Third District, submitting information concerning the tax base of the various cities of Alameda County. The Clerk was to acknowledge the communication with an expression of appreciation for such interesting information. 4'4.' From Mr. Donald K. Maclean, 1106 Grand Street, with regard to actions taken by the City Planning Board in certain cases. The Clerk was directed to acknowledge the letter with thanks for Mr. of planning on behalf of the City. 5. From Immanuel Baptist Church, signed by The Reverend Mr. Mervin Bennett, Clerk, expressing its concern about the location of the Bar Maclean's interest in the matter R. Megill, Pastor, and Lydia P. in the new Red Lamp Restaurant, The President asked that the Clerk acknowledge the communication and give copies thereof to the City Engineer and the Planning Director for their information on the subject. 6. From Mr. D. D. Scott, 1520 Webster Street, in protest against a certain phase of the Red Lamp Restaurant construction. The letter was to be acknowledged by the Clerk. ORAL COMMUNICATIONS: 7Y President Godfrey invited Mr. Paul E. Jackson, Attorney for the East Bay District of the California State Automobile Association, to address the City Council at this time. Mr. Jackson paid tribute to the City of Alameda for its excellent Traffic Safety Program for 1965. He explained there were many phases to such a Program but the one of most interest to Alameda was the casualty record and he emphasized that the City had won its Pedestrian Safety Award by reason of the fact that there had been no deaths in the City during 1965. He remarked that the pedestrian death rate had been reduced by forty-nine per cent during the past thirty years, since the American Auto- mobile Association initiated this Safety Program - despite the tremendous increase of traffic. Mr. Jackson pointed up, also, there were only fifty-one traffic injuries in the City compared with an average of eighty-five in cities of Alameda's size throughout the country. He stated the credit for the success of this Program must go to many officials and departments in the City through the coordina- tion and cooperation of all in administration and direction of policies. Mr. Jackson then presented a handsome plaque to President Godfrey, which was acknowledged with appreciation on behalf of the City. Mr. Weller commended Mr. Jackson, himself, for his personal interest in promoting this safety program and for the great amount of time and effort he gave in this respect. HEARINGS: 8' matter was called up concerning the Appeal from the decision of the Planning Board to deny an Application for a Use Permit to allow construction of a sixty-bed Convalescent Hospital on property known as 1701-1705-1711 Central Avenue. The Appeal was filed by Whitney &-Hanson, Attorneys, on behalf of Mr. Donald B. Bitner, owner of said property. Copies of the minutes of the Planning Board meeting at which this matter was again given consideration had been sent to the Councilmen for their information on the subject. Upon request, Mr. Donald Johnson, Planning Director, reviewed the history of this case, pointing up that all conditions were identical to those prevailing when the same matter was presented, on Appeal, to the City Council at its meeting held August 2, 1966. Mr. Cunningham, City Attorney, then stated the legal issue before the Council was whether or not the action of the Planning Board under Section 11-162(e) of the Alameda Municipal Code should be affirmed, modified or reversed. The President called upon the proponents of the question and Mr. Stanley D. Whitney, Attorney, spoke on behalf of Mr. Bitner, and presented his arguments in favor of granting said Appeal and allowing the construction of the sixty-bed Convalescent Hospital, as requested. He displayed an architectural rendering of the proposed structure and a plot plan of the property for the information of all interested parties. Mr. Whitney pointed out that from the architectural design of the structure it would appear to be a four- or five-plex apartment dwelling. He read and filed a letter in support of Mr. Bitner's applica- tion, signed by five residents in the vicinity. He also read into the record a resolution adopted by the Vestry of Christ Episcopal Church, indicating its belief that said Convalescent Hospital was entirely compatible with the neighborhood. Mr. Whitney distributed for the Councilmen's inspection, a number of snapshots of various buildings in the immediate area, showing the several types of exist- ing uses - e.g., medical offices, apartments, churches, a dance studio and some one-family residences. Further, he emphasized the additional need for such facilities under the new Medicare program. Mr. Whitney read a letter from Mr. Bitner, dated August 29, 1966, stating he would promise to construct the building exactly as shown in the rendering and in accordance with the plot plan displayed. Upon inquiry of President Godfrey to City Attorney Cunningham, it was ascertained that the Use Permit could be granted subject to certain conditions. The President then called for opponents to the issue and the following spoke at great length: Mr. Arthur Roke, 1308 St. Charles Street; Mr. Raul de la Torre, 1624 Central. Avenue; Mr. Joseph Bajuk, 1620 Central Avenue; Mrs. C. W. Reynolds, 1714 Central Avenue; Mrs. Carmen Laser, 1616 Central Avenue; Mr. and Mrs. Walter Tupitza, 1636 Central Avenue; Mr. and Mrs. Arthur E. Roke, 1412 Grand Street. The principal points of objection were that a Convalescent Hospital was not compatible to the neighbor- hood because there would be moaning and groaning of patients; ambulances, and even hearses, would be coming and going at all hours; such an enterprise would depreciate the property values in the area and the annoyances of such a facility would make it difficult to rent apartments in the exist- ing multiple dwellings. Mr. Whitney then submitted his rebuttal and President Godfrey declared the Hearing closed, and inquired the pleasure of the Council. Councilman Bartley expressed his opinion that the proposed Convalescent Hospital was completely com- patible to the neighborhood and explained that he had given this matter careful review since it was first presented. He said he firmly believed such facility would not depress the values of any of the surrounding properties. Councilman La Croix concurred with the previous statement. He remarked that he was a qualified appraiser under the State Savings & Loan Act and he knew these types of properties very well. He commented that he was in favor of the Convalescent Hospital because of the aesthetic value to the neighborhood in the proposed architecture and also because there would not be as much traffic and parking as with an apartment house. Councilman McCall said he could not honestly oppose the proposed Convalescent Hospital as it was presently designed. Further, if approved, he would request that construction on said building must start within one year from this date. In response to a question, Mr. Donald B. Bitner, 1701 Central Avenue, replied that Johns-Manville manufactured a simulated "shake roof" which was composed of asbestos material and could be procured in any one of several colors. This would be used in compliance with fireproof requirements instead of the genuine shake roof. Councilman Rose commented that he could not place too much importance on the support of the Vestry or The Reverend Mr. Hodgkin of Christ Episcopal Church because he knew the latter did not live in the neighborhood involved and he was not sure that the members of the Vestry did. Further, he felt the proposal was entirely incompatible with the area, he believed the objections of the people in the vicinity were completely valid, he thought it was wrong and he would not change his vote of opposition. In reply to another question, Mr. Whitney stated the only sign to be used would be similar to such that a doctor would use to indicate his office - a small, dignified name sign. President Godfrey then expressed his thinking, pointing up that he knew, from personal experience, that the State Health and Welfare Department enforced very rigid regulations with regard to mainten- ance of such facilities. He thought many of the fears expressed by the protestants during this meet- ing just would not become realities. Councilman Bartley then moved that the action of the Planning Board be reversed and the Appeal of Mr. Bitner be approved. Also, that the conditions of Mr. Bitner's letter, dated August 29, 1966, addressed to the City Planning Board, covering the type of construction - with the exception that the roof would be asbestos simulated "shake", to meet fireproof requirements - become a part of this motion. Further, that construction would start within one year from this date. Councilman La Croix seconded the motion. There was some further discussion of the proper interpretation of the term of a Use Permit and also the point that construction of said premises must commence within one year from this date or the matter would fall by default. The question was then put and the motion carried on the following roll call vote. Ayes: Councilmen Bartley, La Croix, McCall and President Godfrey, (4). Noes: Councilman Rose, (1). Absent: 0nne, REPORTS OF OFFICERS BOARDS ETCETERA: From City Manager, reporting all work satisfactorily completed on the project of Repairing Calhoun Street from Court Street to Mound Street - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be approved; that the work on said project be accepted and the Notice of Completion be filed. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. lO. v From City Manager, recommending contract be awarded to Malott & Peterson-Grundy, low bidder, for the project of Resurfacing the Tennis Court and Playground at Longfellow Park, at the total cost of Councilman La Croix moved the recommendation be adopted; that contract be awarded to the designated firm for the specified project at the total cost quoted. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ll� From City Manager, recommending contract be awarded to Ransome Company, lowest and beat bidder, for the project of Surfacing tbe'parking Lot at the Grand Street Boat Ramp, at the total cost of $4,197.10. Councilman La Croix moved the recommendation be followed; that contract be awarded to said Company for the project indicated at the total cost quoted. Councilman McCall seconded the motion which ^ was carried on the following roll call vote. Ayes: Five. Noes: 0one, Absent: None. l2. ` From City Manager, recommending contract be awarded to Western Toro &Gardeu Sales, Inc., only bidder, for furnishing one 76-inch Mower to the Golf Department, at the total cost of $1,508" Councilman La Croix moved the recommendation be approved; that contract be awarded to the designated firm for furnishing this item at the total cost specified. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13. From City Managor, recommending contract be awarded to Western Toro & Garden Sales, Inc., only bidder, for furnishing one seven-unit Mower to the Golf Department, at the total cost of $7,378.80. Councilman La Croix moved the recommendation be adopted; that contract be awarded to said firm for furnishing this piece of equipment at the total cost quoted. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 14. Councilman McCall stated he and Councilman Rose had met with Mr. Weller to discuss several of the Capital Outlay Program projects. Be referred to the project of the modernization of Fire Station No. 3 and said the Committee recommended authorization be granted to execute a contract with the architects and that the cost of construction be limited to $45,000. Mr. Cunningham explained that a resolution covering this matter had been prepared some time ago, copies of which had been sent to the Councilmen for their information on the subject. He stated that, doe to the lapse of time, the "filing date" had been changed to this date and the maximum limitation of $45,000. had been set forth in the contract. Therefore, there being no objections, the order of business was revised and the meeting was referred to "Resolutions". RESOLUTIONS: 15. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7016 Authorizing Execution of Architectural Services Agreement with Irmidhel & Gibbs in Connection with Proposed Modernization of Fire Station No. 3.x 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 meeting was then referred buck to "New Business". NEW BUSINESS: 16 Councilman McCall again made a plea that some contact be made with the several automobile agencies to explore the possibility of establishing sales rooms to consummate purchases of automobiles here in the City of Alameda. Be felt it was too had that the City should lose this revenue. The City Manager was instructed to check into this situation. 17. Councilman McCall also referred to an article about the control of firearms. He contended that "guns do not kill people - people kill people", in the same sense that "cars do not kill people - people bill people". Be agreed that he did not believe in the sale of firearms by mail-order firms, but he felt the Federal regulations were too restrictive and he thought a person had a right to own a gun. 18. v Further, Councilman McCall referred to the proposed installation of a service station on the southeast corner of Park Street and Encinal Avenue. He wondered if the Planning Board knew the exact design of said building. He pointed out that certain cities have Architectural Review Boards and provisions even in their Zoning Ordinances whereby they can require attractive service stations, and control the aesthetics of any development. He deplored the type of service stations which had been established on the South Shore. He asked that Planning Director Johnson be requested to investi- gate this possibility. Councilman Bartley concurred in the need for such control and regulations to this effect. President Godfrey directed the City Manager and the City Attorney to submit a report on the matter. RESOLUTIONS: 19. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution-No. 7017 Adopting Specifications for Furnishing to the City of Alameda Four (4) New 1967 Models, Four-door Sedans for Police Department, 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: Five. Noes: None. Absent: None. 20. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7018 Approving Warrant No. 112 of Board of Trustees of Reclamation District No. 2105." (S27,328.08) The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. 21. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7019 Authorizing Execution of Modification of Agreement Between City and State of California Relating to Joint Participation in Replacement of Traffic Signal Controllers at Certain Intersections." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7020 Authorizing Execution of Amendment to Agreement with Alameda City Garbage Association." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7021 Resolution Approving Boundary Map"(Assessment District No. 68-1, Fifth Street-Central Avenue Sanitary Sewer). 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. 24. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution 0u° 7022 Resolution Ratifying Agreement with Special Bond Counsel, Assessment District 0o. 60-1, City of Alameda, County of Alameda, State of California." 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. 25. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7023 Resolution Setting Time and Place for Hearing for Determining Public Convenience' and Necessity of the Improvements to be Made in Assessment District No. 86-1, City of Alameda, Alameda County, California." The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayas; Five. Noes: None. Absent: None. 26. The following resolution was introduced by Councilman Rose, who moved its adoption: "Re.olution No. 7024 Resolution of Intention - In the Matter of the Construction of Improvements in Assessment District No. 86-1, City of Alameda, Alameda County, California." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayeu: Five. Noeo: None. Absent: None. 27. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7025 Resolution and Order Preliminarily Adopting Engineer's Report, Setting Public Hearing and Calling for Bids, Assessment District No. 08~1, City of Alameda, Alameda County, California." The motion to adopt said resolution was seconded by Councilman McCall and on roll ca 11 carried by the 28. The following resolution was introduced by Councilman Rose, who moved its adoption: The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by 29. "Resolution No. Reference was made to Mr" Qeller'a interesting and informative report on the fiscal condition of the City as contained in his memorandum of September 1, 1906. Councilman Rose stated he and the City Manager had spent many hours reviewing all of the computations and estimates involved in the financial status of the City. He point e6 out that, since the original presentation of the recommended Budget for fiscal year 1966-67, additional assessed property valuations had come in. It was emphasized that unless a reduction in the tax rate could be sustained, it would not be advisable to decrease said rate merely for the expediency of the moment - which point was also made very clear in Mr. Woller'o memorandum. However, Councilman Rose reported further on several aspects of the City's fiscal cir- cumstances and said he believed the City could safely reduce the tax rate by four cents. Councilman Rose and President Godfrey commended Mr. Weller most highly for his outstanding ability in the field of budgetary finance and stated they considered him one of the top Administrators in the State of California. following vote. Ayes: Five. Noes: None. Absent: None. "Resolution No. 7026 Approving and Adopting a Budget for the Fiscal Year I966-1967; Appropriating Certain Moneys for the Expenditures Provided in Said Budget for Said Fiscal Year and Ratifying Certain Expenditures Heretofore Made." the following vote. Ayes: Five. Noes: None. Absent: None. The President then declared all of the foregoing resolutions adopted. Fixing the Rate and Levying a Tax on All Real and Personal Property in the City of Alameda for Fiscal Year 1906-1907 and Apportioning the Same Among the Several Funds of the City." Councilman Rose then moved that the City tax rote for 1966-67 be set at the sum of $2.36 per $100. assessed valuation. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. It was pointed out that this action was merely a directive to prepare the resolution, as entitled above, to contain the appropriate breakdown of the tax rate as indicated, which would then be sub- mitted to the Council for action at its next meeting, on September 20. Mr. Weller thanked the Council for its complimentary remarks and, in turn, commended the City Admin- 0lDI0A0C2S FOR PASSAGE: istrative Staff for its cooperation, hard work and competence on behalf of the City. 30. "Ordinance No. 1530, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision 5 to Section 17-344.1 Thereof Relating to 24-Minute Parkin imit." (Clement Avenue between Oak and Park Streets) Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Council- man Bartley and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 31. "Ordinance No. 1537, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Three large sections on Bay Farm Island - 76.4 acres) Councilman Bartley moved the ordinance be passed as submitted. The motion was seconded by Council- man Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. FILING: 32. Specifications No. MS 9-66-20 - Furnishing Four Sedans for the Police Department. 33. Agreement between City and Treichel & Gibbs - for Architectural Services - Modernization of Fire Station No. 3. 34. Modification of Agreement between City and State Department of Public Works, Division of Highways - Financial Participation in Installation of Traffic Signal Controllers at Certain Intersections. 35. Agreement Amendment between City and Alameda City Garbage Association, 36. Boundary Map - Assessment District No. 66-1 - Fifth Street-Central Avenue Sewer. 37. Engineer's Estimate of Cost, Assessment District No. 66-1 - Fifth Street-Central Avenue Sewer. 38. Engineer's Report and Assessment - Assessment District No. 66-1, Fifth Street-Central Avenue Sewer. 39. Final Budget - City of Alameda - Fiscal Year 1966-1967. BILLS: 40. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $82,177.89, 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 that the bills as itemized in the List of Claims filed with the City Clerk on September 6, 1966, 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. ADJOURNMENT: 41. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, September 20, 1966, at 7:30 o'clock. Respectfully submitted, 4 Clerk 1