1970-07-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA:
HELD TUESDAY EVENING - - - - - JULY 21, 1970
The meeting convened at 7:30 o'clock p.m. with Vice President Levy presiding. The Pledge of
Allegiance was led by Councilman Fore and was followed by a most inspiring Invocation delivered by
The Reverend Dr. Wilfred H. Hodgkin, Rector of Christ Episcopal Church.
ROLL CALL®
The roll was called and Councilmen Fore, McCall and Vice President Levy, (3), were noted present.
Absent: Councilman Longaker and President La Croix, Jr., (2).
MINUTES:
1. The minutes of the regular meeting held July 7, the adjourned regular meeting held July 9 and the
special meeting held July 14, 1970, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. From John B. Dickson, Attorney at Law, protesting violations of 'City ordinances in connection with
the property known as 925 Central Avenue.
City Attorney Cunningham reported that this complaint appeared to be well- founded, going back for several
years involving the present occupant at another location in the City. He said, while the investigation
by City Departments had not been completed, it appeared some sort of proceeding would be filed in Court
and he wished to inform the Council that this was contemplated. He said in the absence of objections by
the Council, as authorized by the Municipal Code, appropriate action would be taken to enforce the
Zoning Ordinance, if this was agreeable. It was so ordered.
3. From Mr -.` Lawrence B. Zehnder, Civic Affairs Chairman, St. Joseph's Grammar School, requesting that
a traffic guard or police protection be provided during the morning and afternoon hours due to a serious
traffic problem at'the school
The matter was referred to the Traffic Advisory Committee for review and report.
4. From Mr. Vernon W Dennen, 1918 Everett Street, two letters protesting salary increases granted to
City employees for fiscal year 1970 -71.
Vice President Levy acknowledged the communications with appreciation for r. Dennen's candid expression
of criticism and directed that the letters be fired.
Councilman Fore stated he felt the Council had done the best it could for the City employees for the
current fiscal year.
ORAL COMMUNICATIONS, AGENDA:
5. Mr. Lawrence B. Zehnder, 15 12 Encinal Avenue, appeared with regard to his letter. He expressed the
hope that action would be taken to correct the hazardous traffic conditions at St. Joseph's School before
the reopening of the schools in September. He was informed that the Traffic Advisory Committee held
regular hearings and, if possible, it would be advisable for him to appear before that group with regard
to his complaint. It was stated the next meeting of the Committee would be on August 12 at 2:00 o'clock
p.m in the office of the Police Chief.
REPORTS AND RECOMMENDATIONS
6. From the City Manager, recommending the sole bid be rejected as excessive on the project of Install
ing a Subdrain in Yorkshire Place and the City re- advertise' for bids.
Councilman McCall moved the recommendation be adopted, that the single proposal received on the designated
project be rejected and the City re- advertise for bids. The motion was seconded by Councilman Fore.
City Engineer Hanna, on request, reported that the bid received was considerably: higher than his Depart-
ment's estimate of the cost. Fle said it was felt the specifications and plans were proper and they would
be resubmitted to the Council within the next month.
City Manager Weller pointed out that past performance of the Engineering Department had indicated its
estimates were not excessively low but generally high and, in a case such as this where the bid had come
in almost 100% higher than the estimate' and particularly only one bid, he felt the City was better protected
by rejecting the bid and re- advertising the project.
The question was put and the motion carried on the following roll call' vote. Ayes: Three. Noes: None.'
Absent: Two.
7. ;' From the Planning Board, signed by he Secretary, transmitting the proposed amendment to the Sub -
division Ordinance with regard to dedication of open space, and recommending its adoption.
Vice President Levy commented -the proposed ordinance covered an aspect which many people had attempted to
establish over the years but legally could not do so, and that it would mean a great deal to the people of
the community in connection with future development, insofar as park and recreational lands were concerned.
He said a great deal of work had gone into preparation of the document over the past ten months and a
great many organizations and committees had been involved in the study. He acknowledged the active interest
taken in the matter by Mrs. Ina Ratto, 1053 Island Drive.
Vice President Levy stated he felt the amendment was of sufficient importance that the complete City
Council should have the opportunity to review it before any action was taken thereon.
Mr, Donald Johnson, Planning Director, was requested to give a brief resume for those in attendance.
Mr Johnson stated he had neglected in his letter to mention the Recreation Commission, which had reviewed
the proposed ordinance, and the assistance provided by the Recreation Director, Mr. Grant Mainland, who
had been instrumental in acquiring the initial research material on the subject. He then briefly reviewed
the points set forth in the proposed ordinance.
Councilman McCall requested a clarification of the section pertaining to the payment of fees on subdivisions
involving fifty lots or less, in the event a subdivider should have 200 lots and should develop the parcel
in fifty -lot increments. He asked whether there was an avenue of escape by subdividing the land down to
fifty lots. Mr. Johnson stated this aspect had been given consideration and there was no possibility of
escaping the provisions of the ordinance in this way.
Mr. Weller pointed out, in this connection, that there were provisions in the State law to which the City
must adhere, and this was one. He said he felt this was a substantial loophole in the law but the City,
in this case, had no option.
Councilman Fore moved that further consideration of this matter and introduction of the proposed ordinance
be continued to the next regular meeting of the Council, to be held on Tuesday, August 4, 1970, when a full
Council would be present. Councilman McCall seconded the motion which carried on the following roll call
vote. Ayes: Three. Noes: None. Absent: Two.
UNFINISHED BUSINESS:
8. Vice President Levy remarked that a communication had been received just that day, too late to appear
on the agenda, from the U. S. Army Corps of Engineers with regard to construction of a new Fruitvale Bridge.
Mr .`Weller, on request, said the proposal of the Federal Government was essentially what the City had hoped
to receive for the Past year and stated almost exactly the position the City of Alameda had taken for the
past eight or ten years on this subject. He said almost all of the objections the City had interposed in
connection with earlier proposals were answered by the communication just received. '.Mr. Weller said the
remaining two or three questions were relatively minor and he hoped they could be negotiated out with
either the Federal Government or with the other local agencies involved. The requirement that the local
agency assume responsibility for the maintenance and operation of the rail bridge had been removed, as well
as other stumbling blocks.
Mr. Weller said, as he had indicated in his memorandum dated July 21, 1970, to the Council, he felt the
proposal was an extremely promising one and if it was possible to obtain a substantial degree of consent
on the part of the other local agencies, primarily Alameda County, he could see no reason why the entire
program could not be worked out and the Bridge actually reconstructed, as indicated by the Engineers, by
some time in 1973. He said he felt it was important that all of the local agencies concerned should meet;
and agree on a common position and the details should then be worked out in a meeting with the Corps of
Engineers, the discussions to be completed within approximately six weeks.
Councilman McCall suggested, in view of the circumstances, that the meeting of the appropriate officials
of the local agencies be held as soon as possible. He asked that Mr. Weller attempt to coordinate such
a meeting, along with the City Engineer as the person most responsible for the engineering problems 'involved
in the project, and President La Croix, or Vice President Levy in the event the meeting should be held
before the former's return to the City, as representatives of the City,
Vice President Levy stated proper steps would be taken to proceed in this matter. He requested that
Councilmen Fore and McCall also participate in the meetings.
9. Brought up for consideration at this time was the matter of proposals received on the disposition of
the Webb Avenue Fire Station property.
Vice President Levy stated the subject had been scheduled some months ago for attention at this meeting.
Several proposals had been received with regard to disposition of the property. He said he felt the
eventual decision in this matter would be of considerable importance to the City and that the complete City
Council should have a say in what the final action should be. He suggested the subject be held over to the
next meeting.
Councilmen Fore and McCall said they would not object to holding the matter over although the latter felt
it would behoove the Council to proceed without delay on consideration of the proposals. He said he felt
it was only fair to the audience to make known the bidders and amounts bid on the property. He then quoted
that the Bank of America had submitted a bid of $25,200, for the proposed expansion of the existing parking
lot and provision of better access to Webb Avenue; Alameda "Pink Pages ", with a bid of $22,676.76, for its
business of compiling and producing various publications; Mr. Frederick E. Braun, a bid of $22,500, for a
single family residence.
It was stated the t me limit set by the specifications for accepting a proposal was sixty days. It was
agreed then that this matter would be continued to the next regular meeting of the Council on Tuesday,
August 4.
RESOLUTIONS:
10.' The following resolution was introduced by Councilman Fore, who moved its adoption:
"solution No. 7652
Appointing Member f the City Planning Board ' (Lynne F. MacNeill)
The motion to adopt said resolution as seconded by Councilman McCall and on roll call carried by the
following vote. Ayes: Three. Noes: None. Absent: Two.
The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7653
Appointing Member of the City Planning Board." (Ronald W. Matheson)
The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the
following vote. Ayes: Three, Noes: None, Absent: Two,
12. The following resolution was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7654
Appointing Member of the Civil Service Board." (Maurice A, Owens)
The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the
following vote. Ayes: Three, Noes: None, Absent: Two,
13. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No, 7655
Appointing Member of the Library Board." (Joseph Durein)
The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the
following vote. Ayes: Three, Noes: None, Absent: Two,
14n, The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7656
Appointing member of the Public Utilities Board." (Joseph T. Barry, Jr,)
The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the
following vote. Ayes: Three, Noes: None, Absent: Two,
15. The following resolution was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7657
Appointing Member of the Social Service Board." (Mrs. Bob J. Alexander)
The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the
following vote. Ayes: Three, Noes: None, Absent: Two.
16.q. The following resolution was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7658
Appointing Member of the Social Service Board." (Smith C. Anderson, Jr.)
The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the
following vote. Ayes: Three. Noes: None, Absent: Two.
Vice President Levy expressed the pleasure of the Council on each of the appointments and reappointments
to the various Boards of the City in turn and appreciation for the excellent and willing service contri-
buted by each of the appointees for the benefit of the community.
17. After explanation by the City Engineer that none of the money appropriated to the cities and
counties from the TOPICS funds had been spent and it was necessary that the Council pass a resolution
such as the one submitted in order to hold the funds over for subsequent years, the following resolution
.
was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7659
Requesting Accufflulation of City's 1969-70 and 1970-71 Apportioned
TOPICS Funds."
The motion to adopt said resolution was seconded by Councilnian McCall.
Speaking on the question, Councilman McCall inquired who would receive the interest on the moneys held for
these purposes. Mr. Weller explained the funds would be pooled on a countywide basis so if actual alloca-
tions were made the interest would undoubtedly go to Alaffeda County as the parent agency. He said the
benefit would still be countywide as the funds were supposed to be used for projects of importance to
the entire County.
The question was then put and the motion carried on the following roll call vote. Ayes: Three. Noes :
None. Absent: Two.
INTRODUCTION OF ORDINANCES:
18. "Ordinance No.
New Series
Amending Ordinance No. 642, New Series, by Amending Section 10
Thereof, Relating to Probationary Employment Period in Police
and Fire Departments."
Mr, Cunningham, on request, explained that by provision of the City Charter the Civil Service Ordinance
may not be amended except by five votes of the City Council, nor repealed except by popular vote of the
electorate. He therefore recommended that this matter be continued to a meeting when all members of the
Council would be present. It was so ordered.
19. "Ordinance No.
New Series
Amending the Alameda Municipal Code by Adding Article 2 to Chapter 3,
Title XI Thereof, Consisting of Sections 11 -321 Through 11 -3212,
Establishing Regulations for Dedication of Land, Payment of Fees in
Lieu Thereof, or Both, for Park and Recreational Land in Subdivision
It was stated that introduction of this ordinance would also be held over, as covered by earlier discussion
on the proposed amendment to the Subdivision Ordinance submitted by the Planning Board.
BILLS:
20. An itemized List of Claims against the City of Alameda and the Departments; thereof, in the total
amount of $52,961.62, 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 faded with the City Clerk on July 21,
1970, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by
Councilman Fore and carried on the following roll call vote. Ayes: Three. Noes: None. Absent ® Two.
ORAL COMMUNICATIONS, GENERAL:
21. Mr. Frank Gottstein, 731 Haight Avenue, recalled the early history of the Fruitvale Bridge. He sug-
gested the proper place to put another connection between Alameda and Oakland would be in the large area
of the Estuary between the Posey Tubes and the Park Street Bridge, for instance, at either Sherman Street
or Grand Street. He expressed the opinion that construction of a bridge at Fruitvale Avenue would be very
costly because of the narrowness of the Estuary at that point and the necessity to purchase property to do
so; also, he felt it would be bad for navigation because of the number of bridges within a short distance.
Mr. Gottstein complained of the new curb recently constructed along Webster Street, as compared to a more
superior job done in Oakland at the same time, and of elevation of Webster Street. He also suggested the
electric light standards be raised with a concrete base for the future raising of the street.
Mr. Gottstein noted the number of motorcycle accidents in the City and suggested the vehicles be prohibited
from entering the Posey Tubes; thereby the number coming into the City would be cut down.
22. Mr. Frank Ratto, 1053 Island Drive, commended the City Engineer on the efficient movement of traffic
on Maitland Drive by the construction crew engaged in the project of improving that street.
Mr. Ratto suggested, with assessments picking up slightly in the City, increased' revenue from the utility
users tax and the Bureau of Electricity dividend, and with no increase in cost of services in the Budget
other than salary increases for City employees, that there should be no need for an increase in the property
tax. If it should be necessary to raise additional taxes, he proposed the utility users tax be increased.-
There was a period of discussion, with Mr. Weller explaining the City's tax picture. He pointed out the
amount of the utility tax would be a question of policy on the part of the Council. One of the major
considerations in its imposition was that it was being levied by surrounding communities and it would be
imposed on a uniform basis. He said if the City were to go to some other rate level with respect to this
tax, Alameda would be different from other communities in the area and this would create other problems.
Mr. Ratto also expressed the hope the City would not hire a consultant to analyze the problems of the
South Golf Course.
23. The Ieverend Dr. Wilfred H. Hodgkin, 1718 Santa Clara Avenue, on behalf of the congregation of
Christ Episcopal Church, expressed premature thanks to the City Engineering and Street Department for
installation of traffic lights at the intersection of Grand Street and Santa Clara Avenue. He said these
had been needed for a long time and were very much appreciated.
FILING:
24. Financial Report - City of Alameda, as of June 30, 1970.
25. Financial and Operating Report - Bureau of Electricity, as of May 31, 1970 - Verified by George A.
Hapkleman.
MEMORIAL RESOLUTIONS:
26. The following resolution was introduced by Councilman McCall, who moved its adoption:
°'Resolution -No. 7660
Resolution of the Council of -the City of Alameda in Memoriam
William M. "Mike" Bartley.
"WITH DEEP SORROW, the Council of the City of Alameda records the death of one
of its loyal and respected former members, WILLIAM M.; "MIKE" BARTLEY, whose untimely
passing has greatly saddened his many friends.
"WHEREAS, Mr. Bartley had been elected to the office of Councilman of the City
of Alameda by vote of the people in the General Municipal Election held March 9,1965, and
had executed his Oath of Office on April 20, 1965; and
"WHEREAS, Mr. Bartley had given generously of his time and business experience
in the performance of the duties of his office and had served on various Council and civic
committees with reliability and sincerity until forced by ill health to submit his resigna-
tion on June 5, 1968; and
"WHEREAS, "Mike ", as he was known, had shown a most amicable and cooperative
attitude toward his fellow Councilmen and the administrative officials of the City, and had
engendered the friendship and esteem of all with whom he associated by his genial personality.
' 0W, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda, in recog-
nition of his service and his desire to promote the development of the City to the advantage
of its people, hereby expresses its sense of personal loss and its gratitude for the faithful
representation of the citizens of the community by this fine man.
"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 William M. "Mike" Bartley.
The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the
following vote. Ayes: Three. Noes: None. Absent: Two,
Vice President Levy eulogized former Councilman Bartley as a dedicated citizen of the community who, while
he had not always agreed with other members of the Council, had certain ideals which he felt should be
put into action - a man who was motivated by his heart and whose passing had been a real loss to the. City.
Councilman McCall commented that, prior to his service on the Council,' former Councilman Bartley had flown
the old Mars ships. He said this former City official had chosen to make his home in Alameda after his
retirement from the U. S. Navy. He had wanted to make a contribution to the City and had been active in
civic organizations, the Alameda Real Estate Board and many; other philanthropic interests.
Vice President Levy declared the foregoing resolutions adopted.
27. Vice President Levy requested that all stand in a moment of silence in observance of the passing
of former Councilman William M. "Mike" Bartley.
ADJOURNMENT:
28. There being no further business to come before the meeting, the Council adjourned in respect to
the memory of WILLIAM M. "MIKE" BARTLEY, to assemble in regular session on Tuesday evening, August 4,
1970, at 7:30 'o'clock.
Respectfully submitted,
City Clerk