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1971-03-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MARCH 2, 1971 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman McCall and was followed by an inspiring Invocation delivered by The Reverend Wilton Vincent, Pastor of the Santa Clara Avenue United Methodist 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 February 16, 1971, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Mr. V. W. Dennen, 1926 Everett Street, suggesting City, State and Federal permits, licenses and surety bonds for collecting taxes, required for business operations, be consolidated. The communication was noted and ordered filed. 3. y° From The Honorable Fred F. Cooper, Supervisor, Third District, Alameda County Board of Supervisors, concerning the Southern Crossing, suggesting the City Attorney be instructed to meet with the legal officers of the Cities of San Francisco and San Leandro to discuss the feasibility of delaying construction through legal action. 4. From Mrs. H. R. Bilbrey, 2051 Otis Drive, urging that the City Council join the County and other cities in the area in opposing the Southern Crossing. President La Croix pointed out for the information of the audience that the Council was on record as requesting that construction of the proposed "Crossing" be delayed until such time as BART had had an oppor- tunity to prove itself. He remarked that the City Attorney had recently been in contact with the legal staffs of the Counties of Marin and San Francisco and Cities of San Francisco and San Leandro to determine what action could and should be taken legally to forestall construction of the bridge from India Basin to Alameda. He said he had been informed that the City ,of;Alameda perhaps had one of the strongest cases as it had not entered into any agreement with the Toll Bridge Authority or the Highway Commission to enter the City or to use its streets, and he had made a statement to this effect in interviews by the Associated Press on the issue. President La Croix requested that the Council authorize the City Attorney to proceed as necessary and to continue discussion with the personnel of other agencies as indicated and the County of Alameda and, should the time arise when it would be necessary to enter into any real litigation, that the City Attorney then come back to the Council for authorization to pursue the proper steps in conjunction with the other agencies involved, when such could be determined. Councilman Longaker stated on February 3, 1970, he had recommended adoption by the Council of Resolution No. 7587, opposing construction of a Southern Crossing bridge until such time as it would be possible to determine how BART would meet the transportation needs of Bay Area residents, and his point of view had not changed. He moved that the City Council take appropriate action to pursue this Resolution and, if necessary, the City Attorney work in close harmony with the surrounding communities and counties, as set forth by President La Croix. Stating he also wanted the answer, Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 5.V' From Alameda County Mayors' Conference, signed by Mr. Howard Gardner, Executive Secretary, recommend- ing and requesting that the City Council authorize a representative to attend the Congressional -City Conference in Washington, D.C., March 21 to 23, 1971. President La Croix pointed out that at its last meeting the Mayors' Conference had taken action to recom- mend that representatives of the Alameda County cities meet with their Congressional leaders from the State of California and staff in Washington to ascertain what could be done with regard to the President's proposed revenue - sharing program. He requested that the City Manager and he be authorized to go to Washington, D.C., to head the delegation of the Alameda County Mayors and City Managers to the Conference, and, in the event he should not be able to make the trip, that Vice Mayor Levy be named as alternate representative. Councilman McCall moved President La Croix and City Manager Weller be authorized to attend said Congres- sional -City Conference in Washington on the dates specified, with Councilman Levy as the alternate. Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 6. From Mr. Fiore Marcheschi, requesting permit for a wall or fence to encroach approximately ten inches into the public right of way along property at 1118 San Antonio Avenue. This matter was referred to "Resolutions ". 7. 1/. From Mr. Martin D. Durante, requesting permit for a fence to encroach one foot, two inches into the public right of way for a distance of 127 feet on property at 1010 Sherman Street. City Attorney Cunningham explained the City Engineer and the Planning Director had determined that there was a fence along the side of the property in question which was apparently being constructed to a height greater than that allowed in front yards. Moreover, the brick and iron fence for which a permit was sought likewise appeared to be of a height greater than would be allowed if it were entirely on privately - owned property and not abutting the short expanse of City property. He said it was felt the fence should correspond in all respects to fences or walls on private property and it had therefore been suggested to the Council, as indicated in the resolution prepared on the subject, that the applicant seek Planning Department approval for the height and the extent of the fence as it would be built. It was recommended that this permit be granted rather than one without the restrictions. The matter was referred to "Resolutions ". 8. V From Mr. James P. McClure, 2811 Yosemite Drive, submitting his resignation from the Planning Board. President La Croix stated he had received a voluntary resignation from Mr. McClure. He said the Council had supported Mr. McClure's appointment to the Board as it felt he was highly qualified and greatly concerned with the future of the City. Because of an action taken by a member of his firm, the South Shore Realty Company, the Company had been adjudged guilty in a civil court of discrimination and Mr. McClure had voluntarily stepped down in the best interests of the Board and the City. He commended Mr. McClure for his unselfish action and Mrs. McClure as well, as he understood how much the situation had meant to her. Councilman McCall moved the resignation be accepted and commended Mr. McClure on his action. Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 9.' From the City Manager, recommending contract be awarded to East Bay Excavating Co., Inc., low bidder, for the project of Pavement Repair and Resurfacing of Shore Line Drive from Grand Street to Broadway, at a price of $22,420.35. Councilman Fore moved the recommendation be adopted, that the contract be awarded to the designated firm for the specified project at the price quoted. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 10.Y From the Recreation Commission, signed by the Secretary, requesting an informal opinion from the Council with regard to contracting for a program of tickets allowing one free play when accompanied by one paid play at the Golf Courses. It was stated this proposal had been made by a representative of the Nite Life Coupon books. Mr. Weller, on request, explained that the Commission had indicated its belief that the Council should be informed of this proposal so that if there were any particular objection or approval it would be noted and taken into account. He said the agreement would be for a period of one year and he felt the intent was to increase the play. It was suggested it be recommended to the Commission that, until the awaited report on the subject of the Golf Courses had been received and evaluated, it not become involved in this program. The opinion was also expressed that participation in a contract of this nature would not be appropriate for the City. It was requested that the City Manager so inform the Secretary of the Commission. 11. From the Planning Board, signed by the Secretary, recommending the denial of a petition to rezone from the "R -5 ", General Apartment, to the "R -4 ", Neighborhood Apartment District, certain properties on the easterly side of Broadway from Lincoln Avenue to Santa Clara Avenue. The Hearing on this petition was set for the next regular meeting of the Council on March 16, 1971. 12. From the Auditor - Assessor, requesting cancellation of taxes erroneously levied against Shoreline Properties, Inc., in the amount of $3,453.90. Councilman McCall moved the report be accepted. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The matter was referred to "Resolutions ". RESOLUTIONS: 13.v The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7739 Granting Fiore Marcheschi Revocable Fence Encroachment Permit (1118 San Antonio Avenue)." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 14. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7740 Ordering Vacation of Unused Public Service Easement (Lagoon Drainage - South End Hawthorne Street)." The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7741 Amending Section 2b of Resolution No. 6232 Relating to Police and Fire Department Holidays." The motion to adopt said resolution was seconded by Councilman Longaker and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. It was explained that the purpose of this resolution was to correct a clerical error in Resolution No. 7731, adopted at the regular meeting of February 16, 1971. 16. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7742 Authorizing Execution of Escrow Agreement Providing for Deposit of Money in Connection with Construction of City Approaches to Fruitvale Bridge Replacement." The motion to adopt said resolution was seconded by Councilman Fore. Mr. Cunningham pointed out the Agreement provided, in part, that should the construction costs exceed the sum designated, the City agreed to deposit additional moneys in the required amount as provided. He said it was his understanding that the costs would be pretty well set by the time the plans were completed and they were already more than $72,700. Additional funds would undoubtedly be required but the City Engineer was satisfied that the City would have control of the expenditures. It was stated the money, from State Gas Tax funds, would be on deposit in a local bank with earnings accruing to the City. Mr. Weller suggested there be an administrative understanding that if the amount should exceed the amount of $72,700 by a certain percentage, this fact would be reported back to the Council in order that it would be advised if the figure should vary substantially from the sum set forth in the Resolution. This was agreeable to the Council. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 17.. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7743 Granting Martin D. Durante Revocable Fence Encroachment Permit Subject to Planning Department Approval (1010 Sherman Street)." The motion to adopt said resolution was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 18. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7744 Adopting Specifications, Special Provisions and Plans for Resurfacing of Broadway, Shore Line Drive to Otis Drive, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Longaker and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 19. /The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7745 Ordering Cancellation of Real Property Taxes Erroneously Levied (Shoreline Properties, Inc.)" The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The President declared the foregoing Resolutions adopted. ORDINANCES FOR PASSAGE: 20. "Ordinance No. 1641, New Series Amending the Alameda Municipal Code by Adding Section 17 -218 Thereto, Prohibiting Obstruction of Intersection or Crosswalk." Councilman Levy moved the ordinance be passed as submitted. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 213 BILLS: 21. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $112,083.51, 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 March 2, 1971, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Longaker and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 22.x°° ° President La Croix, at this time, introduced and welcomed The Honorable Fred F. Cooper, Alameda County Supervisor representing the Third District. 23. " Mrs. George Osborne, 656 Westline Drive, suggested that the Council, in appointing a new member of the Planning Board, consider a person not interested in the real estate business. She said she had been stunned by the realization, with the appointment of Mr. McClure, that three of the seven members of the Board were associated with the real estate and construction business, in and out of the City. 24. Mrs. Lee -Ann Lane, 1425 Union Street, asked if all problems in connection with the projected construction of a new Fruitvale Bridge had been ironed out. President La Croix said he felt it would be proper to assume that the project was well on the way and that it would become a reality but he would not agree that it could be said all obstacles had been overcome. On inquiry, Mrs. Lane was informed that the new Post Office proposed for the South Shore would be the main branch of that Department in the City. There was some discussion on the lack of communication between the Federal and the City offices. Mrs. Lane inquired if there had been any correction of the traffic problem at Webster Street and Atlantic Avenue in connection with the College of Alameda. President La Croix commented that a suggestion had been received for a different traffic pattern for the intersection, evidencing similar concern for the problem. He said the City Engineer's office was in communication with the A -C Transit District with regard to the area and, hopefully in the very near future, a covered bus waiting station would be erected. Mrs. Lane complained of the location of a guard iii at the bus stop. Mr. Hanna said he had observed the intersection many times, night and day, and the situation did not appear to be as serious as indicated. He said he had received a variety of requests which he associated with the new facility and new people in the particular area, having different paths. He said he would be happy to examine the situation with Mrs. Lane at her convenience. 25. Mr. Frank Gottstein, 731 Haight Avenue, said it had paid to criticize Councilman Fore for the fact that his Company's trucks needed a coat of paint. He said he had observed a freshly painted Fore Terminal truck with a bright new nameplate, and commended Councilman Fore on the improvement. 26.k Mr. Dewey Shain, 1553 Fifth Street, stated he had encountered traffic problems at the intersection of Central Avenue and Eighth Street. He suggested the lines and arrows be repainted to indicate direct, right and left hand turn lanes. Mr. Hanna was requested to look into the situation, to see if it could be posted more effectively. 27. Mr. Vern W. Dennen, 1926 Everett Street, inquired, with the appropriation of moneys for the Fruitvale Bridge approaches, whether or not the alignment at the end of Blanding Avenue would be taken care of proper- ly, to which Mr. Hanna replied in the negative, stating there was no relationship between the proposed Bridge and the condition of which Mr. Dennen spoke. He said Mr. Dennen and he had been concerned about the situation for many years, but that there was no real problem and it would be impractical to try to rectify the condition in accordance with Mr. Dennen's desires. He said it related to the railroad and the use of the property as an industrial area; the volume of traffic was very small, there was no particular accident factor and the actual use of the street operated pretty well. Mr. Hanna was requested to submit to the Council a report on the situation. 28./ Mr. Edmond L. Plonczak, 3209 Otis Drive, noted that a letter he had written to the Council on Febru- ary 25, 1971, with a copy to the Police Department, was not on the agenda. It was stated the communication had been received too late to be included on the agenda for this meeting. Mr. Plonczak protested that speeders in front of his home created a very dangerous situation for drivers pulling out of driveways. He requested that steps be taken to correct the problem. After some discussion, this matter was referred to the City Manager with the request that it be submitted to the Traffic Advisory Committee for study. Councilman Levy suggested that a speed limit of twenty -five miles per hour be imposed on the Bay Farm Island side of the Bridge to slow down traffic coming into the City proper. 29. Mrs. Janie McClure, 2811 Yosemite Drive, thanked the Council for the vote of confidence shown her husband. She declared he was not guilty of the racial discrimination of which he was accused. Mrs. McClure stated she had five Filipino godchildren, three of whom were present, that the family had friends of all colors and were not guilty of prejudice. President La Croix expressed appreciation for Mrs. McClure's remarks. 30. Mr. Larry Bergeron, 2122 Santa Clara Avenue, expressed his interest in the meeting the Mayor and the City Manager were to attend in Washington, D.C., on the subject of revenue - sharing. He said he hoped a public report would be made on the Conference. Mr. Bergeron again announced the Candidates Night to be held Wednesday, March 3, 1971, at St. Philip Neri Church Hall, at 7:30 o'clock. He invited all to be present. 31. Mr. Edward Lagacy, 1119 Union Street, suggested that Mr. McClure be reconsidered for the office of member of the Planning Board. He said, normally, a prejudiced person would feel strongly against an inter - racial marriage. He said the families had been guests at one another's homes and he did not feel there was any racial discrimination on the part of Mr. McClure. 32. At this time, President La Croix introduced his lovely wife, Pat. FILING: 33. Agreement - Between United States, Wells Fargo Bank and City - re Deposit of Money in Connection with Construction of Approaches to Fruitvale Bridge Replacement. 34. Specifications No. PW 3 -71 -5 - Resurfacing of Broadway, Shore Line to Otis. 35. Councilman Levy moved the City Council retire to an executive session for consideration of appoint- ments to City Boards and Commissions. Councilman Longaker seconded the motion which on roll call carried unanimously. After a five- minute recess, the Council reconvened in Room 303 of the City Hall for its deliberations. At the conclusion of the discussion, it was determined that no further action would be taken at this meet- ing and the City Attorney was requested to prepare the appropriate resolution for action by the Council at its next regular meeting on March 16. 36.E ° President La Croix requested that all stand for a moment of silence in observance of the passing of Robert De Celle II, Captain, U. S. Army, who had given his life in the service of his country in the Vietnam -Laos area. ADJOURNMENT: 37. There being no further business to come before the meeting, the Council adjourned in respect to the memory of ROBERT DE CELLE II, to assemble in regular meeting on Tuesday, March 16, 1971, at 7:30 o'clock p.m. Respectfully submitted, City Clerk 1