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1971-07-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JULY 6, 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 Raymond M. Currie, Assistant Pastor of the First Presbyterian 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 June 15, 1971, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Harold W. and Elaine D. Hushour, an Appeal from the decision of the Planning Board to deny a variance to allow five dwelling units on a lot having 7,285.5 square feet or an area deficiency of 214.5 square feet, for proposed construction at 2050 Buena Vista Avenue. The Hearing on this matter was set for the regular meeting of the Council on Tuesday, August 3, 1971. ORAL COMMUNICATIONS, AGENDA: 3.''' Mr. C. T. Idle, Jr., 1007 Grand Street, addressed the Council with respect to his claim against the City in the amount of $583.83 which was the subject of a resolution on the agenda. He explained that he had been drawing a trailer with his automobile on San Antonio Avenue near Ninth Street and the trailer had struck a street tree. He claimed the clearance of the tree one and one -half feet distance from the curb was seven feet five inches in height and he felt the City had a responsibility in the matter. On request, City Attorney Cunningham explained that the City was liable for payment of moneys only when it was obligated to do so by law. He said the accident and claim had been investigated by the City's carriers and the City was, by contract, bound by that investigation and recommendation that the claim be denied. He said he had no comments as to the merits of the situation. Mr. Idle was informed of further steps he might follow in this matter. 4. President La Croix, at this time, recognized and welcomed Mrs. Anne Diament, member of the Housing Authority of the City of Alameda, and Messrs. Joseph Jimenez, President of the Park Street Merchants Association; Raymond D. Martin, Auditor and Assessor, and A. T. Wiemken, Manager of the Alameda office of the Pacific Gas & Electric Company. REPORTS AND RECOMMENDATIONS: 5. From the Planning Board, signed by the Secretary, recommending approval of Parcel Map No. 691, subject to terms and conditions of the City Engineer's Report dated May 11, 1971, and specific exception on frontage requirements for Parcel 2. This covered a division of property at 1208 St. Charles Street. It was stated that the required bond had not yet been received and the matter would therefore be continued to the next regular meeting of the Council on July 20, 1971. 6. From the Planning Board, signed by the Secretary, recommending certain amendments to the Planned Development section of Zoning Ordinance No. 1277, New Series. The Hearing on this matter was set for the regular meeting of the Council on Tuesday, August 3, 1971. 7. From the City Manager, recommending contract be awarded to Scott - Buttner Corporation, low bidder, for the project of Installing Tennis Court Lighting at Krusi Park at the price of $10,285. Councilman Longaker moved the recommendation be accepted, 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. 8. ix From the City Manager, reporting all work satisfactorily completed on the project of Installing a Storm Sewer in Wood Street from Eagle Avenue to the North End, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Levy moved the recommendation be followed, that the work on said project be accepted and the Notice of Completion be filed. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 9. Yi From the City Manager, reporting all work satisfactorily completed on the project of Resurfacing Various Streets, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Fore moved the recommendation be adopted, 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. 10. From the Mayor, Assistant City Manager and Auditor, submitting .a report on the Count of Money held May 19, 1971, indicating the sum of $10,461,172.55 in the City Treasury at that time. The report was noted and ordered filed. UNFINISHED BUSINESS: 11. Councilman McCall brought up the problem of bicycle paths on the new Fruitvale Bridge. It was sug- gested that the matter be left in the hands of the City Engineer and the U. S. Corps of Engineers at this point. NEW BUSINESS: 12. President La Croix suggested that City Manager Weller be requested, in connection with the proposed development of Bay Farm Island, to discuss with the Planning Director a method of gathering information as to what percentages, if any, the City might apply to that project for consideration by the developer with regard to "moderate income" housing. He said he felt the question would be presented to the City Council in the future and it might be wise to look into the matter for information to be used as guidelines. After some discussion on the subject of the Utah project and others proposed for the City in the next few years, Mr. Weller was requested to discuss the question with Mr. Donald Johnson, Planning Director, with respect to all prospective developments in the City and report back to the Council thereon. RESOLUTIONS: 13. ` The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7796 Appointing Member of the City Planning Board." (Raymond Moser) 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. 14. :! The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7797 Appointing Member of the City Planning Board." (Robert E. McPeak) 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. 15.y The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7798 Appointing Member of the Civil Service Board." (Charles H. Myers) 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. 16. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7799 Appointing Member of the Library Board." (Donald E. Bruzzone) The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17. The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7800 Appointing Member of the Public Utilities Board." (H. Norman Eierman) 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. 18. : The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7801 Appointing Member of the Retirement Board." (Solvig B. Erickson) The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 194/' The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7802 Appointing Member of the Social Service Board." (C. W. Moore) 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. 20. The following resolution was introduced by Councilman Fore, who moved its adoption: "Resolution No. 7803 Rejecting Claim of C. T. Idle, Jr., Against City." 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. 21. "Resolution No. Authorizing Execution of Agreement for Construction and Completion of Improvements in Connection with Parcel Map No. 691 and Approving Faithful Performance Bond as to Sufficiency (Division of Property at 1208 St. Charles Street - Sarah K. Mark, formerly Sarah K. Pollard, and Clifford G. Wallace)." 22. "Resolution No. Approving Parcel Map No. 691 for Division of Property at 1208 St. Charles Street, Alameda, California, and Permitting Recording Thereof (Sarah K. Mark, formerly Sarah K. Pollard, and Clifford G. Wallace)." The preceding two resolutions, in connection with the Planning Board's recommendation on Parcel Map No. 691, were laid over to the next regular meeting of the Council on July 20 pending receipt from the subdivider of the required bond. INTRODUCTION OF ORDINANCES: 23. Councilman Fore 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 Section 7 -359 Thereto, Authorizing Sale of Certain Abandoned Bicycles to Alameda Junior Chamber of Commerce for Resale at Auction Restricted to Minors." The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. President La Croix commented that this ordinance, hopefully, would solve the problem raised by Miss Karen McClure, 2811 Yosemite Drive, of permitting sale to minors only of some of the bicycles picked up by the Police Department and not returnable to owners, through the cooperation of the Junior Chamber of Commerce. ORDINANCES FOR PASSAGE: 24. "Ordinance No. 1645, New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." Councilman McCall moved the ordinance be passed as submitted. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 25. "Ordinance No. 1646, New Series Amending the Alameda Municipal Code by Adding Article 1 to Chapter 4, Title II, Thereof, Consisting of Sections 2 -411 Through 2 -416, Estab- lishing Residence Requirements for Officers and Employees of the City." 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. 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $162,352.54, 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 July 6, 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: 27. Mr. Clifford G. Wallace, 1208 St. Charles Street, stated he had been informed by his bonding agency that it would not be necessary to have on file the bond in connection with Parcel Map No. 691, on which the Council had continued action pending receipt of the bond. 269 Mr. Cunningham explained that the Parcel Map took the place of the tentative and final subdivision map and, once it had been approved by the Council, the subdivider could record the document, establishing new property lines, and the City would lose control over the construction of public improvements. The Council could therefore not approve the subdivision without the necessary security for performance of the contract. 28. Mr. Frank Gottstein, 731 Haight Avenue, reiterated his complaints of some years ago on the installa- tion of a drain in the sidewalk area adjoining the property next to his on Haight Avenue. He said he might be interested in reconverting his home to two flats some time in the future and he would like this drain removed as it was objectionable. City Engineer Hanna, on request, stated a great deal of time had been spent on this complaint and his Department had full written reports and photographs on it. Mr. Gottstein was informed that the installa- tion was proper and there was no necessity to move the drain. Mr. Gottstein protested again the shallow curb in the 700-block of Haight Avenue, resulting from recent repair of the paving on the street. 29. Mr. James McClure, 2811 Yosemite Drive, on behalf of his daughter Karen, thanked the Council and members of the staff who had been involved in preparation of the ordinance authorizing sale of abandoned bicycles to the Junior Chamber of Commerce for resale at auction restricted to minors. Mr. McClure suggested, in connection with President La Croix's request for a report on prospects for future construction of "moderate income" housing in the City, that the City Building Code and ordinances be updated as necessary, pointing out that there were constant innovations and improvements in building construction. President La Croix suggested Mr. McClure present his ideas before the Planning Board. He pointed out that updating of the Building Code was presently under study. FILING: 30. Affidavit of City Manager and Chief of Police - re Police Secret Fund from July 1, 1969 to June 30, 1971. 31. Financial and Operating Report - Bureau of Electricity, as of April 30, 1971 - Verified by George A. Hackleman. MEMORIAL RESOLUTIONS: 32.v The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7804 Resolution of the Council of the City of Alameda in Memoriam to Joseph Perry, Street Department Employee "WITH GREAT SORROW, the Council of the City of Alameda records the death of one of its loyal employees, JOSEPH PERRY. "WHEREAS, Mr. Perry had commenced his employment with the City of Alameda on May 17, 1955, as a Laborer in the Street Department and by diligent and conscientious discharge of his duties had advanced to the position of Skilled Laborer and then Public Works Maintenance- man, in which capacity he was serving at the time of his demise; and "WHEREAS, Mr. Perry had been a most faithful employee, well liked for his friendly and cooperative attitude toward his associates and fellow workers, who have been deeply saddened by his untimely passing. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda does hereby express its appreciation for the dependable service given by this gentleman during his years in City employ and its sense of personal loss in his demise. "BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Mr. Perry to convey to its members sincere sympathy in their bereavement. "BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of JOSEPH PERRY." 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. 33. / The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7805 Resolution of the Council of the City of Alameda in Memoriam to Charles A. Donahue, Police Sergeant. "IN DEEP SADNESS, the Council of the City of Alameda records the death of one of its faithful employees, CHARLES A. DONAHUE, Sergeant in the Police Department. "WHEREAS, Sergeant Donahue had commenced employment with the City of Alameda on Febru- ary 1, 1965, as a Police Officer and, by academic endeavor and conscientious performance of his duties had advanced on February 1, 1970, to the position of Sergeant, in which capacity he was serving at the time of his tragic and untimely passing; and "WHEREAS, Sergeant Donahue had been a most loyal employee, popular with his associates for his amiable personality and cooperative manner in the discharge of his responsibilities. "NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda does hereby acknowledge with appreciation the reliable service rendered by this fine young man during his City employ and its sense of personal loss in his demise. "BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Sergeant Donahue to extend to its members sincere sympathy in their bereavement. "BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of CHARLES A. DONAHUE." 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. The President declared the foregoing resolutions adopted. President La Croix requested that all stand for a moment of silence in observance of the passing of Mr. Joseph Perry and Police Sergeant Charles A. Donahue. 34. Councilman Fore moved the City Council retire to an executive session for consideration of appointments to City Boards and Commissions and to receive ayObrt on the status of negotiations with the various City employee organizations under provisions of the Meyers- Milias-Brown Act. The motion was seconded by Councilman McCall and on roll call carried unanimously. After a five- minute recess the Council reconvened in the Conference Room, No. 303, for its discussion. At the conclusion of the deliberations, it was determined that no further action would be taken at this meeting. The City Attorney was requested to prepare an appropriate resolution for action by the Council at its next regular meeting to appoint a new Commissioner on the Housing Authority to serve the unexpired term of Mr. Clarence Gilmore, who planned to move out of the City. ADJOURNMENT: 35. There being no further business to come before the meeting, the Council adjourned in respect to the memory of JOSEPH PERRY and CHARLES A. DONAHUE, to assemble in adjourned regular session on Tuesday, July 13, 1971, at 7:30 o'clock p.m. Respectfully submitted, G City Clerk