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1970-10-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING - - - - OCTOBER 6, 1970 The meeting convened at 7:30 o'clock p.m. with President La Croix, presiding. The P Allegiance was led by Councilman Longaker and was followed by an inspiring Invocation del Reverend Earl E. Smedley, Assistant Pastor of Christ Episcopal Church. ROLL CALL: The roll was called and Councilmen Fo were noted present. Absent: None. MINUTES: The minutes of the regular meeting held September 15, 1970, were approved as transcribed. 2. President La Croix welcomed several students from High School and College of Alameda, who were the audience. WRITTEN COMMUNICATIONS: 3. From Mr. L. A. Patton, 1020 San Antonio Avenue, with regard to the proposed Bay Farm Island develop- ment, inquiring what the tax return would be to the City from 15,000 population versus a density of 28,500 - that is, the Hawley plan against the Utah plan; also, the cost to the City for services under each proposal. On request, City Manager Weller stated, in his opinion based on more than thirty years of experience, it would not be possible to make a statement as to costs of service and tax rates resulting from a particular density._ He said it was true that as population goes up, particularly in a city like Alameda which operates its own electric system, revenues go up. He said it was not possible to answer the question of whether the costs of service rise disproportionately and, in his opinion, the figures were not dispropor- tionate. He said anyone saying the costs of service were higher or lower for a particular density config- uration simply did not know the facts. He said the costs of service would be reasonably equated with additional revenue and the argument should be fought on other grounds as he felt this was not a valid issue:, e, Levy, Longaker, McCall and President La Croix, was requested that Mr. Weller reply to Mr Patton °s letter. 4. v7 From Shorepoint Associates, signed by Mr. C. J. Brown, requesting a time extension of one year for completion of the public improvements in connection with Parcel Map No 396 (Tract 3069), at Westline and Shore Line Drives. On request, City Engineer Hanna confirmed the statement in his memorandum dated September the extension would have no adverse effect upon the City. Councilman Levy moved the requested time extension of one year from October 14, 1970, be granted for completion of the improvements on said Tract.' Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five.' Noes None. Absent: None.- 5.,/ From Mrs. Sylvia Burke, 1101 Shell Gate Place, requesting a Revocable Permit to move a fence from the property line to the edge of the concrete sidewalk on the Cherry Walk right -of -way. City Attorney Cunningham, on request, stated the application was in order, in accordance with provisions of the Municipal Code, and any reasonable terms and conditions could be attached to the permit, which he suggested be made revocable. Councilman Longaker moved a Revocable Permit be issued for the purpose requested. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 6." ( From Borgman Sales Co., signed by Mr. R. Souza, requesting permission to stage a fireworks display at South Shore on October 16, 1970, for thirty minutes commencing at approximately 9:15 o'clock p.m., subject to clearance by the Fire and Police Departments. It was stated that adequate public liability insurance would be provided. Councilman McCall moved the request be granted and Borgman Sales Co. be 'permitted to hold its annual fire- works display at South Shore at the time indicated, subject to the usual clearance from the Fire and Police Chiefs. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 7. 1 From East Bay Municipal Utility District, signed by Mr. W. D. McNevin, President, requesting that the City Council adopt a resolution urging citizen support of Proposition "B" on the November 3, 1970, General Election ballot calling for a $60,000,000 bond issue in Special District No 1 This was for the addition of advanced sewage treatment facilities in order to meet new and higher standards for Bay water quality laid down by the Federal Government and the Bay Area Regional Water Quality Control Board. After brief discussion with regard to the great need for this issue to pass, there being no objections, the order of business proceeded to "Resolutions ". RESOLUTIONS: 8 The following esolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. Urging Support of East Bay Municipal Utility District Water Con Project Bond Issue (Proposition 'B' on November 3, 1970 Ballot). The motion to adopt said resolution was seconded by Councilman Longaker and on following vote. Ayes: Five. Noes: None. Absent': None. The meeting returned to the regular order of business. HEARINGS: carried by the 9.v In the Matter of the Application of the City Building Official for Council Order to Aba Nuisance Existing on Premises Designated as 2528 Crist Street. The Clerk stated there were on file Affidavits of Posting and of Mailing Notices required. Public in this matter, as Mr. Cunningham, on request, stated the property had been purchased from the Estate which had previously owned it by a Mr. Charles Roberts, who had commenced the performance of the work recommended to be under - taken by the Building Official. He said the City Engineer was. satisfied that the work was in progress and would be completed before the next meeting of the Council. It was recommended that the matter be carried on the agenda for the meeting of October 20, with the appropriate resolution, at which time it was hoped the matter could be dropped. It was stated this property was called the "Spite House" and was well -known in the City's history. At this time, Mr. D. Redwine, 640 Moraga Road, Moraga, came forward. He said he and his wife had made appli- cation for a loan to purchase the property and he and his realtor had understood that as of this date no one had assumed any responsibility for the dwelling. He said the loan had not been approved as yet and if some- one else has purchased the property, he was apparently wasting his time. Presi dent La Croix suggested Mr. Redwine get in touch with the City Attorney with regard to the property as no action would be taken by the Council at this meeting on the nuisance abatement. He said Mr. Cunningham would make available information as to what was needed to bring the property up to City codes. Mr. Charles Roberts, 3886 Maybelle Avenue, Oakland, appeared at this time and said he had just purchased the property in question. Mr. Cunningham questioned him as to the status of the transaction. It was sug- gested that the Redwines and Mr. Roberts get together and discuss their problems as the Council was not actually involved in this aspect of the matter. Councilman Levy moved the Hearing be continued to the next meeting of the Council on October 20, 1970. The motion was seconded by Councilman Longaker and unanimously carried. REPORTS AND RECOMMENDATIONS: 10. From the City Manager, recommending contract be awarded to J. H. Fitzmaurice, Inc., low bidder, the project of Walkway Construction along County Road and Maitland Drive between Mecartney Road and Doolittle; Drive, at the price of $6,550. Councilman Fore moved the recommendation be approved, that the contract be awarded to the designated firm for the specified project at the price quoted. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes None. Absent None. 11.'x` From the City Manager, reporting all work satisfactorily completed on the project of Improving High Street between San Jose and Thompson Avenues, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Longaker moved the recommendation be followed, that the work on said project be accepted and the Notice of Completion be filed. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes None. Absent: None. 12. From the Planning Board, signed by the Secretary, recommending the rezoning of certain properties on Whitehall Place, Willow Street and Sandcreek Way from the "R -2 ", Two - Family Residence, to the "R- 2 -PD ", Two- Family Residence Planned Development District. The Hearing on this petition was set for the next regular meeting of the Council on October 20, 13. From the Planning Board, signed by the Secretary, recommending certain amendments to the Zoning section of the Municipal Code with regard to administration of variance and use permit applications The Hearing on this proposal was also set for the Council meeting of October 20, 1970. 14. 1F` From the City Manager, recommending authorization be given under the provisions of Section 3 -15 of the 'City Charter for purchase of eight radio units manufactured by Motorola Communications and Electronics, Inc., for use in the Fire Department. Councilman Fore moved the recommendation be adopted, that.authorization be given to purchase eight radio units for the Fire Department in the open market under Section 3 -15 of the Charter. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes None. Absent: NEW BUSINESS: 15. / Councilman McCall called attention to a communication from The Honorable Randolph Collier, Senator from the First District, with regard to Proposition 18 which would be on the General Election ballot on November 3, on diversion of gas tax funds. Councilman McCall expressed his opposition to diverting 25 per cent of the gas tax funds to support rapid transit and commented on the connections to be provided for the people of Alameda to connect up with the BART system. There was some discussion with regard to possibly giving further study to this matter and having a resolution prepared for possible adoption by the Council, affirming or opposing the stand taken by Councilman McCall. President La Croix said he, for one, did not feel prepared to take action on this subject at this meeting - and he would appreciate having a report from Mr. Weller for study by the Council and being prepared to take action thereon at the next meeting. Mr. Weller requested the opportunity to comment on this matter as a member of the Board of Directors of the League of California Cities. He stated the issue had been discussed previously and been complicated by the fact that it had been modified from time to time so that every time it had been explained, discussed and a stand taken, it had been changed. He said the League Board was on record in support of the Proposition; his vote was recorded as being against the measure, so there was some area of disagreement. He said he felt that in view of the fact that there were wide variations as to the position which should be taken, possibly there should be some additional information brought to the Council in ample time for considera- tion at the October 20 meeting, after which there would still be time prior to the election date. Councilman Levy moved the matter be held over to the Council meeting of October 20, in order that a report thereon might be submitted by the City Manager and a resolution be prepared for Council action. Councilman McCall stated he felt there was a precedent set by the discussion and he would second the motion, with the amendment that henceforth the City Council would not take action on a matter the first time it was presented but would hold it over until at least the next meeting. President La Croix explained his thinking in suggesting the question be held for further information. Councilman Levy stated the issue had been presented under "New Business" and he felt none of the Councilmen had anticipated that action would be taken on it. If the subject had been on the agenda, he said, he felt sure the Council would have acted on it. President La Croix, on advice of the City Attorney, said he would treat Councilman McCall 's second as an amendment to the original motion. Councilman Fore seconded the motion on the amendment which on roll call was defeated by the following vote. Ayes: Councilmen Fore and McCall, (2). Noes: Councilmen Levy, Longaker and President La Croix, (3). Absent: None. The original motion by Councilman Levy was then called up and died for lack of a second. President La Croix requested that the City Manager prepare a report on this question for the edification of the members of the Council. ! f RESOLUTIONS: 16. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7678 Authorizing Execution of Contract,with Alameda Chamber of Commerce for Advertising for the Fiscal Year Ending June 30, 1971, and Appropriating Therefor the Sum of $18,700.00, or as Much Thereof as May be Required." 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. 17. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7679 Adopting Alameda Civil Defense Operations Plan, Dated October, 1970, and Rescinding All Previous Civil Defense and Disaster Plans." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 18. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7680 Designating Monday, October 12, 1970, as Holiday of City, and Eliminating Tuesday, November 3, 1970, as Holiday." 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. It was explained that this was part of the new program adopted for City employees during the "meet and confer" sessions. There was some discussion and explanation with regard to the change. 19. The following resolution was introduced by Councilman Levy, who moved its adoption: Adopting Specifications for Furnishing to the City of Alameda Four New 1971 Model, Four -Door Sedans for the Police Departmen Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman McCall and on following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 20./ Councilman Fore moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: ied by the "Ordinance No. New Series Amending the Alameda Municipal Code by Amending Section 10 -411 Thereof, Relating to Dilapidated Buildings." The motion was seconded by Councilman Longaker and on roll call carried by the fo Noes: None. Absent: None. lowing vote. Ayes: Five." 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 Certain Portions of the Alameda Municipal Code Relating to Parking Limits." (High Street, Atlantic Avenue) The motion was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. BILLS: 22. / An itemized List of Claims against the City of Alameda and the Departments thereo amount of $77,435.68, 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 October 6, 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: 23.x Mrs. Helen Larson, 1259 St. Charles Street, complained that there were serious traffic problems in the area of the new College of Alameda. She urged that plans for the extension of Eighth Street through the old Southern Pacific right -of -way be given top priority. Mrs. Larson complained of large chuck holes in the Bethlehem Parking Lot and suggested, somewhat facetiously, that possibly material left over from the Eagle Avenue patching job could be emptied into some of them. She said she used this route rather than Webster Street and Atlantic Avenue, which were very dangerous for bicycle riders. She said she had informed students from Oakland that they should turn off 'directly into the old drive -in lot, which was now the College parking area, and eventually the lot would be paved. It was stated that G.S.A. might be contacted with regard to the condition of the Bethlehem parking lot and the City Council would be glad to do anything possible to hasten the completion of the College facilities.' Mrs. Larson stated the signals at Webster Street and Atlantic Avenue were very inefficient, and suggested a scramble system be employed at the intersection. She submitted other suggestions with regard to the street crossings, which she said she had already given to the City Engineer. She said she had hoped the parking on Atlantic Avenue would be limited to two hours, rather than abolished altogether, and that the street would be marked so that people would not take up too much room. She said she felt Alameda was very fortunate to have the College. 24. Mr. Frank Gottstein, 731 Haight Avenue, complained again that the sidewalk had been removed from the College of Alameda property on the west side of Webster Street. President La Croix stated much thought had been given to the removal before the sidewalk was taken out suggested Mr. Gottstein contact the District with reference t:o this matter. FILING: 25. Contract = Between Alameda Chamber of Commerce and City - for fiscal year 1970- 1971. 26. Auditor's' Report - Fiscal Year Ended June 30, 1970 - Verified by George A. Hackleman 27. Financial and Operating Report - Bureau of Electricity, as of August 31, 1970 - Veri Hackleman. 28. Specifications No. MSP 10 -70 -6 - Four New Sedans for Police Department. 29. Councilman McCall moved the Council retire to an executive session for the purpose of discussing appointments to City Boards and Commissions. The motion was seconded by Councilman Levy and unanimously carried. After a five-minute recess, the Council reconvened in Room 303 of the City Hall for its deliberations. President La Croix announced he had received the resignation of Mr. Charles E. Butler from the Housing Authority of the City of Alameda, effective immediately, due to the demands of his position. He stated Chairman Howard K. Palmer, Jr., had requested that, in view of the very important activities in which the "Authority" was currently involved with the reconstruction of the new units on the Western Project property, Mr. Butler's replacement be someone with wide business and financial experience, such as that of the former Chairman, Mr. William S. Godfrey. President La Croix said Mr. Godfrey had agreed to accept appoint- ment as a Commissioner again at this time. After some discussion, there being no objections, the meeting returned to "Resolutions". RESOLUTIONS: 30. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7682 Appointing Commissioner of the Housing Authority of the City of Alameda." (William S. Godfrey) The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the follow- ing vote. Ayes: Five. Noes: None. Absent: None. The President declared all of the foregoing resolutions adopted. ADJOURNMENT: 31. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday evening, October 20, 1970, at 7:30 o'clock. Respectfully submitted, City Clerk