1970-08-04 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING - - - - - AUGUST 4, 1970
The meeting convened at 7 :30 o'clock p.m. with President La Croix presiding. The Pledge of
Allegiance was led by Councilman Fore and was followed by an inspiring Invocation delivered by The
Reverend Father John Klopke, Visiting Pastor of St. Barnabas Church.
ROLL CALL:
The roll was called and Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5),
were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held July 21, 1970, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. / From Miss Annie Kunich, 5315 Shafter Avenue, Oakland, suggesting that one walkway in Webster Tube be
opened as an aid to bicycle commuters between Oakland and the College of Alameda.
It was agreed that the proposal merited interest in view of the great number of young people the College
would bring into the west end of the City. It was directed that the matter be referred to the City Engineer
to contact the State Division of Highways with regard to the request.
3. From Mr. Eugene R. Manzano, Jr., 2021 -B Pope Street, requesting that the current speed limit on
Webster Street be reduced to 35 miles per hour and that one or two marked pedestrian crosswalks be added
on Webster Street and on Atlantic Avenue, in connection with the opening of the College.
Councilman McCall suggested, rather than pedestrian crosswalks in this dangerous location, that an overpass
or tunnel walkway be provided.
It was directed that the communication be referred to the Traffic Advisory Committee for s
udy and report.
4. From Mr. Gordon Matson, Chairman Parking Committee, Park Street District Association, recommending
acceptance of the bid submitted by Continental Service Company (Bank of America) for the Webb Avenue Fire
Station property.
Discussion on this communication was deferred to consideration of the proposals on this property under
"Unfinished Business ".
5. `' From Mrs. Alice Q. Howard, 1556 Everett Street, with regard to increasing population density in
City.
President La Croix stated the Council was very conscious of the problem of density in the City. He sug-
gested that in the near future a joint meeting be held of the City Council and the Planning Board, particular-
ly in view of the recent reconstitution of the Board and the appointment of two new members, for discussion
of planning matters.
Councilman McCall called attention to the 1970 census figure of approximately 63,000 for the City of Alameda,
which would be increased by the Government formula to about 81,000 or 82,000. He ;pointed out there had been
90,000 people in the City during the World War II years. He expressed the opinion that people were being
alarmed by falsified figures used in population estimates and said he felt factual figures should be used
rather than a projected number.
President La Croix recalled his comment some time ago with regard to corridor -type units being constructed
on deep lots in the City and his suggestion that these developments be broken up with green and patio areas,
thereby reducing the density to some extent and providing a more habitable type of dwelling. He said he
felt more careful planning could be applied to construction of multiple dwellings to insure better -type units.:
He agreed with the comments made by Councilman McCall and said he felt such a joint discussion would alleviate
some of the concern which had been shown in this respect.
The City Manager was requested to arrange such a joint meeting of the Council and the Board, possibly during
the month of September. It was also asked that a proposed agenda of items for discussion be prepared for
perusal by the Council prior to the session.
6. x From the Board of Supervisors of Alameda County, signed by Mr. Jack K. Pool, Clerk, regarding the pro-
posed new Fruitvale Bridge and the joint meeting with the City Councils of Oakland and Alameda to review
the proposal.
Mr. Weller, on request, reported on a work session held on this date with the Board of Supervisors with
regard to the letter dated July 20 from the Army Corps of Engineers proposing construction of a new Fruitvale
Bridge. The same letter had been addressed to the City Councils of Oakland and Alameda._
Mr. Weller stated the Corps of Engineers had presented the proposal as outlined in the communication. The
Corps had specifically requested assurances by the so- called non-Federal interests involved that the technical
design of the proposed replacement bridge was acceptable and, further, that the respective local agencies
would assume the cost of providing the accesses on either side of the Estuary. He said the Board of Super-
visors had adopted a motion approving the technical and mechanical details of the bridge.
■em
Mr. Weller stated he had talked with Col. Roberts, District Engineer, who had said he was hopeful that the
City Councils of Oakland and Alameda would adopt resolutions indicating the same approval and giving the
required assurances with regard to providing the approachways and relocation of the utilities as necessary.
Mr. Weller said he could see no problem in this respect as the indication was that the Oakland City Council
would provide those assurances and the City Council of Alameda had been on record for some years as having
made the same offer. Col. Roberts had indicated that after receipt of these two resolutions the final
design authorization would be given and it would take about six months for the working drawings to be
prepared. In the meantime, the balance of the requirements or the desired agreements could be negotiated,
primarily with Alameda County and the Cities of Oakland and Alameda.
Mr. Weller said the indication was, if agreement could be reached with the non-Federal agencies, the
contract award could be made in June of 1971 and the bridge would then be completed, presumably, by May 1,
1972. If everything went well, it would obviously mean that there would be no crossing of the Estuary at
that point for almost a year and that would require some substantial rerouting of traffic. However, he
said he felt that might very well be an acceptable price to pay for replacement of the structure.
Mr. Weller stated a resolution had been drafted by the staff which, he believed, would meet the desires
and requirements of the Corps of Engineers up to the present point. He suggested it might be considered
at this meeting or be laid over for further study, according to the wishes of the Council.
There being no objections, the order of business was revised to "Resolutions".
RESOLUTIONS:
7. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7661
Concurring with Technical Aspects of Proposed Federal Plans for
Replacement of Fruitvale Avenue Bridge."
The motion to adopt said resolution was seconded by Councilman Levy.
Speaking on the question, Councilman Fore stated he had been working to obtain this new bridge for more
than eleven years. He inquired if meetings would still be held with the other agencies involved in the
project. He was assured that this would be done.
The question was put and the motion carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
City Attorney Cunningham offered the comment, with regard to Councilman Fore's question, that the City
Manager, City Engineer and he had met with their counterparts in the City of Oakland and representatives
of Alameda County with respect to this matter. He said the City of Oakland was prepared and had plans
for its own approaches.
The meeting returned to the regular order of business.
WRITTEN COMMUNICATIONS:
8. From Miss Sylvia Burke, 1101 Shell Gate Place, with regard to the fence line on her property.
The City Engineer had submitted a complete report of this situation. Mr. Hanna stated he had attempted
to explain the matter to Miss Burke and that he would be glad to send her a copy of his report.
It was suggested that the City Attorney reply to the communication, confirming Mr. Hanna's explanation
as covered in his report. It was so ordered.
ORAL COMMUNICATIONS:
9. Mr.Frank Gottstein, 731 Haight Avenue, expressed the opinion that bicycle riding in the Tubes should
not be encouraged, as many accidents would result from riders crossing Webster Street. He recalled his
comment at the last meeting of the Council that steps should be taken to keep motorcycles out of the City.
Mr. Gottstein suggested, in connection with Mr. Manzano's request that the speed limit be reduced on Web-
ster Street, that jaywalkers on that street be reprimanded in order to cut down on the traffic hazard they
caused.
Mr. Gottstein proposed again that a bridge be constructed over the Estuary between Park and Webster
Streets, rather than at Fruitvale Avenue.
President La Croix informed Mr. Gottstein that his suggestions would be given consideration in the appro-
priate studies.
10. ■ Mr. Don Dunn, 2120-B Clinton Avenue, suggested that a person knowledgeable in the building field be
invited to the proposed joint meeting of the Planning Board and the Council for discussion of planning
problems in the City. He said he had noticed that the recent off-street parking amendment had caused a
decided loss of money to some of the older citizens.
President La Croix stated any builder interested in the subject could approach the Planning Director with
any proposals he might have for inclusion in the discussion. He said he envisioned the meeting as a work
session between the two bodies; should there be an open hearing any developer would have the opportunity
to address the Council.
HEARINGS:'
11. =• In the Matter' of Installing Street Lighting Facilities on Buena Vista Avenue from Poggi Street
Webster Street.
The Clerk stated there were on file Affidavits of Mailing and of Posting Notices of Improvement in this
connection, as required.
City Engineer Hanna, on request, reported the area involved had been developed or redeveloped during the
past ten years and in the process some modern street lights had been installed. However, there were at
least twelve lights which had not been put in and these were necessary to complete the lighting system.
He said individual requests had been received from time to time for installation of lights in the area but
the required steps had never been taken to proceed.
Mr. Hanna recalled that in January of 1970 a petition signed by 431 residents of the area had been filed
requesting that lights be installed. The matter had been referred to his office and proper steps had then
been taken to inform the property owners in the matter. Favorable responses had been received from 86%
of the owners.
Mr. Hanna stated the next step in this procedure was to notify the owners to install the lights, allowing;
sixty days' time for this to be done. It was not expected that the work would be done and, at the end of
the sixty -day period, the Superintendent of Streets would obtain jurisdiction, if the Council approved,
and the installation of lights would proceed. Costs would be determined, another Hearing held, and the
property owners would then be billed and liens placed against the property of any owners not paying the
obligation at that time. Mr. Hanna stated the expense was rather low, estimated at 65 cents per front foot,
and the benefits to be gained were considerable. The Hearing before the City Council was required at this
time to provide opportunity to file any protests.
There was -a brief discussion. It was stated that lights already in the area had been _installed by the
property owners involved and they would not be reassessed. The new lights would be installed on the power
poles on the south side of the street and owners on both sides had a similar responsibility and had agreed
to pay their fair share.
On request, the City Attorney explained the proceeding was authorized by the California Streets and Highways
Code, which had been used several times in the past by the City to accomplish small improvements districts.
He said this was the time and place advertised by the City Engineer for hearing any protests or objections
by property owners or interested persons to the proposed work.
On the call for opponents to the proposed Improvement District, there was no response, The Hearing
declared closed and President La Croix asked for any comments by members of the Council.
Councilman Levy requested clarification on the method of payment provided for property owners, should they
not be able to make payment in the stipulated five days. Mr. Cunningham stated in the event any property
owner should not be able to make payment, after the next Hearing when costs as assessed would be submitted
for approval by the Council, there was a procedure whereby a period up to ten years could be allowed for
payment.
There being no objections, the order of business was revised to "Resolutions ".
RESOLUTIONS:
12.' The following resolution was introduced by Councilman Longaker, who moved its adop
"Resolution No. 7662
Overruling Objections to Notice to Perform Work in Buena Vista Avenue
Street Lighting Improvement District."
The motion to adopt said resolution was seconded by Councilman McCall.
Speaking on the question, Councilman McCall stated many requests had been received for this improvement and
the area of street involved was very dangerous as it now existed, with a great deal of foot traffic, schools
and a bus stop. He expressed his strong approval of the action.
The question was then put and the motion carried on the following roll call vote. Ayes:
Absent: None.
The meeting reverted to the regular order of business.
REPORTS AND RECOMMENDATIONS:
13. ,l From the Auditor and Assessor, requesting permission to be absent from the City for a period in excess
of thirty days.
Councilman McCall moved the request be granted and the Auditor and Assessor be allowed to be away from his
duties for the designated period. Councilman Levy seconded the motion which on roll call carried unanimously.
14. From the City Manager, recommending contract be awarded to Gallagher & Burk, Inc. -, low bidder, for the
project of Resurfacing Otis Drive between Grand and Park Streets and Clinton Avenue between Willow and Park
Streets, at the price of $37,246.
Councilman Fore moved the recommendation be approved, and the contract be awarded to the designated company
for the specified project at the price quoted. Councilman Levy seconded the motion.
On the question, Councilman Longaker inquired of the City Engineer if this work was being done sooner
than anticipated. Mr. Hanna stated the volume and weight of the traffic on Otis Drive was greater than
anticipated and it had been found that if a pavement reaches the point of breaking it is more expensive
to make the correction before resurfacing. He said if the street seems to be headed toward cracking
earlier than anticipated, putting on an additional layer of material gives the total structure greater
strength and a base failure might be avoided.
The question was put and the motion carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
15. V From the City Manager, recommending authorization be given to purchase an Accounting Machine in the
open market under provisions of Section 3-15 of the City Charter. It was explained that the City was
limited to a product of the National Cash Register Company and a formal call for bids would therefore be
unavailing.
Councilman Levy moved the recommendation be approved and authorization be granted, as requested, to pur-
chase said machine in the open market. Councilman Longaker seconded the motion.
On request of Councilmen Fore and McCall, Mr. Weller explained that the Council had no control over the
City Auditor in the equipment he felt it was necessary to acquire. He pointed out that a similar situation
existed in the Fire Department where American La France equipment was pretty well standardized.
Mr. Weller stated the indication of need for the accounting equipment had been expressed last year, princi-
pally in conjunction with the Union desire for dues check-off. The machine presently in use provided for
only one more transaction. He said he had been concerned that the State law would be amended to require
withholding of State income tax and this, being a matter of law, would have to be done. This would use up
the last remaining element of capacity in the equipment. If it were not for this prospect, Mr. Weller
said, the City could probably get along with the present equipment for another year or two He pointed out
that the item had been considered in conjunction with the 1970-71 Budget and the machine, estimated at
$16,000, had been included in the Equipment Replacement Fund proposal and approved by the Council at that
time.
Mr. Weller added the question had come up many times with regard to more sophisticated equipment. He said
he was convinced, and the Auditor agreed, that the City's operation would not justify that kind of instal-
lation, that the present type was adequate for the needs.
The question was put and the motion carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
UNFINISHED BUSINESS:
16. The matter was brought up with reference to consideration of the proposals for disposition of the
Webb Avenue Fire Station property. This question had been held over from the last regular meeting in
order that the full Council might take part in the discussion.
On request, Mr. Weller pointed out that Mr. John Goss, Assistant City Manager, had handled this matter,
as reported in his memorandum dated July 14, 1970. Three valid bids had been received in conformity with
the specifications and call for proposals, by the deadline established by the Council, ranging from
$22,500 to $25,200 for outright purchase of the property. He said the recommendation to accept the high-
bid proposal of the Bank of America was based in part on the price, but principally on the proposed use
for expansion of existing off-street parking facilities in the Webb Avenue block and provisions of better
access to Webb Avenue.
In reply to a question by President La Croix in connection with the communication from the Park Street
District Association on the subject of off-street parking in the area, Mr. Goss stated the indication had
been the Bank's prime purpose Was expansion of its parking area This, he said, would not preclude any
future development which might be contemplated. Mr. Johnson, Planning Director, stated the proposed use
for a parking lot would not be detrimental to future plans for betterment of the district. The tax revenue
to be derived was also discussed.
President La Croix raised the question of whether the Bank of America had ever evidenced any interest in
leasing the property from the City for parking needs. It was not recalled that any such interest had ever
been indicated.
Councilman Fore moved the bid submitted by Bank of America, Continental Service Company, in the amount of
$25,200 for purchase of the subject property be accepted. The motion was seconded by Councilman Longaker.
Mr. Cunningham explained the procedure which would normally be followed in the sale of City property, and
inquired if the Council would wish to insure that the property would be used as represented by insertion
in the deed.
After some discussion, Councilman Longaker withdrew his second to the motion, explaining that he would like
to give more thought to the points raised. Councilman McCall seconded the motion in order to retain the
question on the floor, with the suggestion that it be amended to make it mandatory as a condition of sale
that the building be demolished, with the wording to be furnished by the City Attorney.
There was some discussion on the subject. Mr. Cunningham suggested the motion include direction to the
staff to prepare an appropriate ordinance to accomplish the sale and in the interim period Mr. Goss and
he could discuss the matter with the purchaser and determine if there would be objections to a restriction
in the deed or work out the problem in some other way. President La Croix suggested that should the Bank
object to a restriction, a letter of positive intent might meet with the approval of the Council. This
procedure was acceptable to the members of the Council.
Councilman Fore, with the consent of his second, withdrew his motion. He then moved the proposal of the
Bank of America for purchase of the Webb Avenue Fire Station property be accepted at the bid price of
$25,200 and that the City Attorney be directed to prepare the necessary legal documents to implement the
sale. Councilman McCall seconded the motion.
After clarification of the intent of the motion, the question was put and the motion carried on the follow-
ing roll call vote. Ayes : Five. Noes: None. Absent: None.
RESOLUTIONS:
17. The following resolution was introduced by Counci lman Levy, who moved its adoption
"Resolution No. 7663
Adopting Specifications, Special Provisions and Plans for the Realign-
ment of the Northeast Corner of Webster Street and Buena Vista Avenue,
Calling for Bids and Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman Longaker and on roll call carried by the
following vote. Ayes: Five. Noes: None. Absent None,
18. The following resolution was introduced by Councilman McCall, who moved its adoption
"Resolution No. 7664
Adopting Specifications, Special Provisions and Plans for Installation
of a Subdrain in Yorkshire Place, 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 fol
ing vote. Ayes: five. Noes: None. Absent: None.
19. The following resolution was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7665
Adopting Specifications, Special Provisions and Plans for Resurfacing
of Santa Clara Avenue from Fifth Street to Webster Street, 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 ca
ing vote. Ayes: Five. Noes: None. Absent: None.
The President declared the foregoing Resolutions adopted.
INTRODUCTION OF ORDINANCES:
20. Stating the following ordinance had been laid over from the last meeting for a full Council, Councilman
Levy moved it be introduced, after which it would be laid over under provision of law and the Charter:
by the follow
"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."
The motion to introduce said ordinance was seconded by Councilman Fore. The question was pu
motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
21. Councilman Levy moved the following ordinance be introduced, after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
Amending Ordinance No. 642, New Series, by Amending Section 5.1 Thereof,
Relating to Reclassification of Personnel.
The motion to introduce said ordinance was seconded by Councilman Fore. The question was put and the motion
carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
22. Councilman McCall moved the following ordinance be introduced, after which it would be laid over under
provision of law and the Charter:
"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 Subdivisions."
The motion to introduce said ordinance was seconded by Councilman Longaker.
This ordinance had also been laid over for consideration by the full Council. It was stated the proposed
ordinance conformed closely to the provisions of the State law with regard to the subject, with some minor
modifications.
Mr. Cunningham pointed out there was a change in Section 11-3212 of the ordinance to include "water" areas
as part of the land to be dedicated for parks or playgrounds. This was in accordance with the wishes of
the Planning Board after much study. He said it was not in other ordinances but he felt it was authorized
by the State law.
After brief further discussion for clarification, the question was put and the motion carried on the
following roll call vote. Ayes: Five. Noes: None. Absent: None.
23. Councilman Fore moved the following ordinance be introduced, after which itwVuld be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
Authorizing Acquisition of Real Property (Standard Oil Company -
461.15 Square Feet)." (Webster Street and Buena Vista Avenue)
The motion to introduce said ordinance was seconded by Councilman Levy. The question was put and the
motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: Nn08,
24. Councilman McCall moved the following ordinance be introduced, after which it would be laid over under
provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Amending Certain Portions of the Alameda Municipal
Code Relating to Traffic Regulations."
The motion to introduce said ordinance was seconded by Councilman Levy. The question was put and the
motion carried on the following roll call vote. Ayes: Five. Noes: 0On8, Absent: None.
25. President La Croix inquired whether the new traffic signals at the intersection of Santa Clara Avenue
and Grand Street were timed. Mr. Hanna explained the lights were on "loop detectors", whereby the lights
are red in all four directions if no vehicle is sitting on one of the loops. In approaching from any direc-
tion, traveling at a legal speed, the green light should come on, permitting the driver to proceed, and
as soon as the loop has been passed the lights switch back to all red. He said it was a very fine type of
CDDtrollgr,
BILLS:
25', An itemized List of Claims against the City of Alameda and the Departments thereof, in the total
amount of $116,078.15, 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 Levy moved the bills as itemized in the List of Claims filed with the City Clerk on August 4,
1970, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by
Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
ORAL COMMUNICATIONS, GENERAL:
27.v Mr. Paul Bolter of the National Cash Register Company pointed out the City had two Accounting Machines,
one of which was being replaced. He also stated the machine on order did not include the features mentioned
by Councilmen Fore, during the earlier discussion on the subject.
It was stated the machine proposed for purchase by the City was deemed adequate to fulfill the needs of
the Auditing Department.
?8^/ Mr. Frank Ratto, 1053 Island Drive, expressed his objection to the acceptance of the Bank of America
bid for the Webb Avenue Fire Station property.
FILING:
29./ Specifications No.
Avenue.
30. / Specifications No.
31. / Specifications No.
ADJOURNMENT:
PW 8-70-15 -
PW 8-70-16 -
PW 8-70-17 -
Realignment of Northeast Corner of Webster Street and Buena Vista
Installation of Subdrain in Yorkshire Place.
Resurfacing of Santa Clara Avenue from Fifth Street to Webster Street.
32. « There being no further business to come before the meeting, the Council adjourned, to assemble in
regular session on Tuesday evening, August 18, 1970, at 7:30 o'clock.
City Clerk