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1971-04-20 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY APRIL 20, 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 a most inspiring Invocation delivered by The Reverend Wilfred H. Hodgkin, Rector of Christ Episcopal 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 April 6, 1971, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. V From Stark, Stewart, Simon & Sparrowe, Attorneys representing Mr. and Mrs. Edward Murphy, request- ing that the Hearing be reopened on the petition filed by Robert and Audrey Kopp to rezone from the "R-5", General Apartment, to the "R-4", Neighborhood Apartment District, certain properties in the area of Broadway, Lincoln and Santa Clara Avenues. President La Croix stated the Hearing in this matter had been held in accordance with the legal require- ments and it would not be reopened; however, the ordinance reclassifying the zone would be on the agenda for adoption by the Council at its meeting of May 4 and the opportunity would be provided for interested persons to address the Council on the subject under "Oral Communications, Agenda". 3. From Mr. E. E. Shelton, 2119 Encinal Avenue, in favor of the rezoning proposal for the area of Broadway, Lincoln and Santa Clara Avenues. The communication was acknowledged and referred to the file on the subject. ./ 4. r From Mrs. Alice Q. Howard, 1556 Everett Street, with regard to bicycles, suggesting the regulations be brought up to date and it be made safer for enthusiasts to ride in the streets legally in special bicycling routes. President La Croix stated the Recreation Department, working with the Planning Department, was studying possible locations for bicycle paths. He suggested the communication be referred to the City Manager for study of possible amendments to the Municipal Code provisions on the subject. It was so ordered. 5. From Mr. L. A. Patton, 1020 San Antonio Avenue, concerning the Golf Course operation. President La Croix acknowledged the communication with appreciation. He said the Council would meet with the Recreation Commission on Thursday, April 22, at the Bay Farm Island Recreation Center for a study session on the Golf Course operations and he suggested the letter be referred to the file on the subject. It was so ordered. // 6.'0' From Mr. J. Paul Gutleben, 2844 San Jose Avenue, on the subject of updating the Building Code, suggesting the provision requiring fire blocking between studs in construction of buildings be eliminated. President La Croix stated the suggestion had merit. It was directed that the communication be referred to the City Manager for study by the City Engineer and the Fire Department. 7. From Milton E. and Emilie A. Christian, 2628 Lincoln Avenue, commending the Council on its action in introducing the ordinance to rezone properties in the area of the 1500 block of Broadway. The communication was acknowledged with appreciation and referred to the file on the subject. 8. From Mr. and Mrs. Ed Larkin, congratulating the Council on voting to downzone the Broadway proper- ties. This communication, also, was acknowledged with appreciation and referred to the file on the subject. 9. i From the County of Alameda Veterans Day Commission, signed by Mr. Allen F. Strutz, Treasurer, requesting the appropriation of $250 as the City's share of the cost of the 1971 Veterans Day Observance and Parade to be held in the City of Albany. Councilman Longaker moved the matter be referred to the budget file for perusal by the City Manager. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 10. From the Alameda Women's Golf Association, with regard to the Golf Course operation. President La Croix commended the Association for its fine letter. It was directed that it be referred to the file for consideration in connection with the special joint meeting with the Recreation Commission on April 22 at 4:00 o'clock p.m. REPORTS AND RECOMMENDATIONS: 11. V From the City Manager, reporting all work satisfactorily completed on the project of Tennis Court Widening and Resurfacing at Krusi Park, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Levy moved the recommendation be followed, that the work on the specified project be accepted and the Notice of Completion be filed. Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12. From the City Manager, reporting all work satisfactorily completed on the project of Pavement Repair and Resurfacing of Shore Line Drive from Grand Street to Broadway, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Longaker moved the recommendation be approved, that the work on the designated project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 13. r From the City Manager, recommending that contract be awarded to Aldrich Construction Co., low bidder, for the project of Installing a Storm Sewer in Wood Street from Eagle Avenue to the North End of Wood Street, at a price of $10,269.50. Councilman Longaker called attention to the fact that rejecting the previous bid and re- advertising the project had effected a saving for the City of approximately $1,700, He moved the recommendation be accepted, that the contract be awarded to the designated company for the specified project at the price quoted. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: NOne. 14.' From the City Manager, recommending contract be awarded to Lee J. Immel, low bidder, for the project of Resurfacing and Minor Repairs to Various Streets, at the price of $23,950. Councilman Levy moved the recommendation be adopted, that the contract be awarded to the specified company for the designated project at the price quoted. Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15.x From the City Manager, recommending contract be awarded to Vermont Engineers, low bidder, for the project of Culvert Removal at Mound and Van Buren Streets, at a price of $3,271.50. Councilman Fore moved the recommendation be approved, that the contract be awarded to the designated Company 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. 16.v From the Recreation Commission, signed by the Secretary, requesting that the Council submit a "letter of intent" in connection with an application for assistance by the Department of Housing and Urban Development for Lincoln Park improvements. After brief explanation, Councilman Fore moved the report be adopted and the "letter of intent" be autho- rized as requested by the Commission. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 17. `From the Planning Board, signed by Mr. Lynne F. MacNeill, Chairman, requesting a joint meeting with the Council in connection with the Planning program. President La Croix recalled that the Council had held a meeting with the Board and the Planning staff for discussion of the General Plan and the future of the City. He commended the Board on its fine report and outlined the programs set forth to indicate the in -depth type of study which had been made and actions which would be undertaken in the future. It was suggested that an attempt be made to set up a meeting with the Board for Tuesday, June 8, 1971, at 7:30 o'clock p.m. This was agreeable and it was so ordered. Councilman Longaker moved the report be accepted. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 18. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7760 Fixing the Time and Manner of Payment of Compensation for Mayor." 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. 19. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7761 Ordering Vacation of Unused Walkway and Public Service Easements (Within Tract 3069)." (Westline and Shore Line Drives) 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. 20. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7762 Authorizing Execution of Amendment to Joint Powers Agreement for County -Wide Intergovernmental Cooperative Traffic Records System (ACTRS) (Extends Contract, Details Management and Cost Allocation of System as Now Operating)." 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. On request, City Manager Weller explained the joint effort of the County of Alameda and the cities of the County to establish a consolidated traffic records system was essentially completed, but that the staff working on the project felt it would be desirable to run the system with a consulting firm direct- ing for a few months as a "shakedown" to determine how it would be used by the various cities. He said there were no budgetary implications as the funds had already been committed. It was stated the City of Oakland had been handling the establishment of the program. 21. ' The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7763 Approving Final Map of Condominium Subdivision Known as Tract 3271, Authorizing Execution of Agreement for Construction of Public Improve- ments Therein, and Approving Faithful Performance Bond as to Sufficiency (2106 Otis Drive - Dow,jo Developers, a Partnership, Subdividers)." 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. 22.s The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7764 Denying Application of Heidrun I. Fox to File Late Claim for Damages Against City." 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. 23. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7765 Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Parcel Map No. 694 and Approving Faithful Performance Bond as to Sufficiency (Division of Property at the South End of Hawthorne Street, Alameda, California -- Lindsey, Gallagher and Willett)." 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. 24. qf- The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7766 Approving Parcel Map No. 694 for Division of Property at the South End of Hawthorne Street, Alameda, California, and Permitting Recording Thereof (Lindsey, Gallagher and Willett)." 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. The President declared the foregoing Resolutions adopted. ORDINANCES FOR PASSAGE: 25. "Ordinance No. 1642, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (14) to Section 17 -344.1 Thereof, Relating to 24- Minute Parking Limit." (West side of Broadway, Santa Clara Avenue to Central Avenue) Councilman Levy moved the ordinance be passed as submitted. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. BILLS: 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $54,077. was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the Claims shown were correct. 231 Councilman Levy moved the bills as itemized in the List of Claims filed with the City Clerk on April 20, 1971, 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. 27. At this time, President La Croix declared a five - minute recess, stating that at 8:00 o'clock p.m. the Council would reconvene and proceed with Organization of the Council, following the General Municipal Election held March 9, 1971, and in accordance with the provisions of the City Charter. ORGANIZATION OF THE COUNCIL: 28.The City Clerk, on request, administered the Oath of Office to Councilman William M. McCall, who had been re- elected for a four -year term. The Oath of Office was then administered by the Clerk to Terry Y. La Croix, Jr., as the first Mayor and President of the Council to be elected by the people of the City in fifty -four years. Upon invitation to speak, Councilman McCall stated he was starting on his nineteenth year of service as a member of the City Council, and it was quite an honor for him, as a native of the City, to have that privi- lege. He said he felt everyone owed something to his community and he had tried to fulfill this obligation to the best of his ability. He said he was happy for the associations he had had during his years on the Council. He commended Mr. Raymond P. Kranelly, Chairman of his election campaign and Chairman of the Recreation Commission, through whose efforts and those of many others he had been successful in being re- elected to the Council against what might be called overwhelming odds, commenting that this was not a year for incumbents. Councilman McCall then presented his lovely wife Georgia, his daughter -in -law Tony, and his two grand- children, Debra Rae and Michael. He remarked that he had two granddaughters whom he and Mrs. McCall had cared for over a number of years. He said he felt he knew youth and was ready for its challenges. He said this was a proud evening for him and expressed the hope that in the coming four years he could do the job for all those who had voted for him and regain the confidence of those who had not supported him. President La Croix said it was indeed an honor for him to take office as the first elected Mayor of the City of Alameda in fifty -four years. He said he felt service to the community and its people was something he had tried to pursue in his lifetime and he felt fortunate to have been born and raised in a city like Alameda where a life style prevails which is not common throughout the land. He said he fully realized the responsibility he had sought and been fortunate enough to receive from the electorate of the City and pledged to all his best effort in working with the other members of the Council and the staff so that everyone in the community would best be served in the years to come. He said the Council and he, as Mayor, would welcome all opportunities to discuss and to listen to any subjects which might come before them. President La Croix said he was thankful to many people in the City, and as one on whom he counted parti- cularly he introduced his father, Mr. Terry La Croix, Sr., and his step- mother, Marie. He then introduced his charming wife Pat, and his daughters Sharon, Kim and little Rebecca. Also presented were Mr. Clarence Kline; who he said had stood by him in three campaigns for elective office and was respected as the Director of Adult Education in the City; his cousin Gail and her husband, Robert Van Amburg, and two daughters; Mr. William S. Godfrey, former Mayor, who had given of himself unstintingly over the years and had stepped in at the request of the Council and done an outstanding job on various controversial situations such as housing and to whom the City owed a debt of gratitude. He said he greatly admired Mr. Godfrey, who had started him in his service to the City. President La Croix then called for nominations for the office of Vice -Mayor and Vice - President of the Council. Councilman McCall stated, knowing the busy schedule of all members of the Council and that the present Vice -Mayor had done an excellent job in the office, he would move that the name of Councilman Gustave Levy be placed in nomination. Councilman Longaker seconded the motion. There being no further nominations, the nominations were declared closed, and the motion carried on the following roll call vote. Ayes: Councilmen Levy, Longaker, McCall and President La Croix, Jr., (4). Noes: Councilman Fore, (1). Absent: None. Councilman Gustave Levy was declared Vice -Mayor and Vice - President of the Council of the City of Alameda for the ensuing two -year term. On request, the City Clerk administered the Oath of Office to Councilman Levy as Vice - President of the City Council. Councilman Levy then introduced his son Steven, with the statement that Mrs. Levy was out of the City. He also introduced one of his employees, Mrs. Putland. He expressed his appreciation to his colleagues for electing him to the office of Vice - President for the two -year term. He said he felt the City had a good Council and though it had been criticized as the "establishment ", he felt it was the establishment for the entire City of Alameda working for the best interests of the community. He said he would try to continue to serve the City and honor the job he held. On request, the Clerk then called the roll of the newly- constituted City Council and Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5), were noted present. Absent: None. Councilman Fore then, on request, introduced his wife Helen. He said he wished to comment and said he had known the previous Friday who would be selected as the Vice -Mayor and had notified the Mayor in conversa- tion that he would not be at the pre - Council session. He said he objected to the holding of Council meetings before reaching the Council Chamber. President La Croix thanked Councilman Fore for his remarks and said he understood his feelings in the matter. He said, however, the subject had not been discussed prior to this meeting. At the request of President La Croix, Councilman McCall moved that all actions taken prior to the re- organization of the Council be approved and ratified. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The meeting then proceeded with the regular Order of Business. ORAL COMMUNICATIONS, GENERAL: 29. /Mrs. Helen Larson, 1259 St. Charles Street, congratulated President La Croix on his re- election. Mrs. Larson reported that the issue of the Cocktail Lounge in the 1400 block of Encinal Avenue had been settled. All protests had been over - ruled. She had been informed that she could petition for reconsi- deration of the matter and had later received information that nothing further could be done and no further objections could be filed. Mrs. Larson said she felt the Zoning Ordinance should be amended to remove taverns from neighborhood shopping districts or regulate their operation by some sort of Use Permit. It was suggested that the question be referred to the City Manager for a report by the Planning Depart- ment. Mrs. Larson commented that most people riding bicycles tried to be cautious and watch out for pedestrians but they were endangered by the failure of automobile drivers to recognize their rights. Mrs. Larson complained that dogs created problems for bicycle riders and expressed the opinion that it was time the Police Department cracked down on dogs running loose. President La Croix stated he had received a suggestion that a dog -run be created, and he had forwarded the proposal to the East Bay Regional Park District for study and recommendations on the thinking that an area might be set aside in the jurisdiction of the District in Alameda. He said he felt the City Pound did a very adequate job on this problem. He suggested Mrs. Larson direct a letter to him, the City Manager or the Chief of Police on the subject and possibly some assistance could be rendered. 30.Y/ Mr. Paul Gutleben, 2844 San Jose Avenue, requested the opportunity to speak on his letter. Mr. Gutleben stated the installation of fire blocking added considerably to the builder's costs and the City of Oakland did not require it. He explained what was entailed in the installation and the expense to the builder. President La Croix informed Mr. Gutleben that his suggestion to omit the requirement for fire blocking had merit and the matter had been referred to the City Engineer and the Fire Department through the City Manager's office for study and recommendation. It was hoped a report would be received by the date of the next regular meeting of the Council on May 4. 31. v' Mr. Frank Gottstein, 731 Haight Avenue, complained again concerning the elimination of the sidewalk on the grounds of the College of Alameda bordering Webster Street, which he said was very inconvenient for pedestrians. President La Croix pointed out it had been the decision of the Peralta Junior College District, in conjunction with a study by the Traffic Advisory Committee, that there should be no sidewalk in the area in question, that landscaping would be proper treatment along Webster Street. Mr. Gottstein expressed his disapproval of politics and politicians, and said he was unimpressed by ceremonies installing new members of the City Council, of which he had seen many. Mr. Gottstein complained that Councilman McCall had been responsible for the placing of the category of "Oral Communications, General" at the end of Council meeting agendas, also that he had suggested an Oakland man for the office of County Supervisor rather than an Alameda man. 32. Mr. William S. Godfrey, 1235 Hawthorne Street, said he would like to personally thank the dedicated gentlemen sitting on the dais and taking any abuse offered, also to congratulate President La Croix, Councilman McCall and Vice- President Levy. He said he wished to point out particularly that there were in the audience three members of the Housing Authority of the City of Alameda, present to show their concern and their further cooperation. Mr. Godfrey congratulated President La Croix as the Chairman and City Manager Weller as the Secretary of the Alameda County Mayors' Conference for the fine year they had enjoyed and said he felt it should be ruled that they would hold the offices for an additional year. President La Croix expressed appreciation for Mr. Godfrey's remarks and acknowledged with thanks the work of the members of the Housing Authority for the City of Alameda, particularly on the current project of developing the new units for low - income families and military personnel. He requested that Mrs. Anne Diament and Mr. Kenneth Kofman stand and be recognized. President La Croix then recognized and commended Miss Frances Gunzburger, Secretary to the Mayor and to the City Manager, who stood and received a round of applause. FILING: 33. Amendment to Agreement - Between County and City - re County -Wide Intergovernmental Cooperative Traffic Records System. 34. Agreement - Between City and Dowjo Developers - re Final Map for Tract 3271. 35. Agreement - Between City and Lindsey, Gallagher & Willett - re Parcel Map No. 694. 36. President La Croix thanked all those in attendance and urged that they call on the members of the Council with regard to any questions they might have on the City's government. ADJOURNMENT: 37. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday, May 4, 1971, at 7:30 o'clock p.m. Respectfully submitted, 1 City Clerk 233