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1969-01-07 Regular CC Minutes; REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING JANUARY 7, 1969 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Alle- giance was led by Councilman Fore and was followed by an inspiring Invocation delivered by The Reverend Mr. J. William Jenkins, Pastor of Court Street United Methodist Church. ROLT, CALL: The roll was called and Councilmen Fore, Isaacs, La Croix, Jr., Levy and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held December 17, 1968, were approved as transcribed. WRITTEN COMMUNICATIONS: 2.Y/ From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrants Nos. 153 and 154, in the amounts of 8425,442.10 and 50,000., respec- tively, in payment of certain dredging work and to replenish the revolving fund. The matter was referred to taesolutions". 3/ From Alamedans with H.O.P.E., signed by Mrs. Jeanette L. David, Representative to the Housing Authority, requesting the opportunity to address the Council on the subject of the impending appoint- ment of a member of the Housing Authority of the City of Alameda. The Clerk stated another letter from this same organization had been received just this date. It was signed by Mrs. R. J. Cole, President, and stated the Board of Directors recommended the appointment of one of the following tenants of a Housing Project: Mrs. Mary Sparrow, 2104-D Webster Street; Mrs. 011ie Cook, 121-C Brush Street. The President stated he would call upon Mrs. David during "Oral Communications, Agenda". 4. From Pan-Pacific Development Company, signed by Mr. William B. Kirkland, Jr., President, in protest against the inequity of the assessment and tax increase covering the Ballena Bay Community in the City of Alameda. The communication was noted and ordered filed. ORAL COMMUNICATIONS, AGENDA: V/ 5. The President gave Mrs. David the floor - first explaining that he had discussed the housing situa- tion with Chairman Godfrey, who had then agreed to continue serving as a member of this Commission until certain pending negotiations had been completed and other matters more fully established. Mrs. David, 300 Pacific Avenue, complimented Mr. Godfrey on the great accomplishments he had effected. She urged that the City Council give serious consideration to appointing a tenant of one of the housing projects to fill a vacancy as it might occur in the near future. She cited the several advantages to be gained from such representation on the Housing Authority. HEARINGS: 6. The matter was called up concerning the Appeal from the decision of the Planning Board to deny a variance in lot area deficiency which would allow the construction of five dwelling units on property known as 1309 Broadway. Said Appeal was filed by Mr. John Barni, Jr., Agent for Gramercy Mortgage Corporation. The Clerk stated all interested parties had been notified that the Hearing on this matter would be held at this time and place. Upon request, Planning Director Johnson reviewed the history of this case - pointing up the fact that the application for this variance had been submitted to the Planning Board on two occasions. In both instances, there were two and three members absent, respectively, which made it possible for the variance to be denied by default. Mr. Johnson also stated several persons had appeared - and a petition had been filed - in protest against this request. He called attention, however, to the fact that the Staff had recommended the variance be granted. City Attorney Cunningham then stated the issue before the Council was whether or not the action taken by the Planning Board under Section 11-161(d) and (e) of the Alameda Municipal Code should be affirmed, modified or reversed. Upon the call for proponents of the Appeal, Mr. John Barni, Jr. submitted his arguments in favor of allowing this five-unit multiple dwelling. He emphasized that the developers planned to provide more off-street parking than was actually required by the City Zoning Ordinance. Further, he stressed the fact that the property was in the "R-4" District, which automatically allows for at least four dwell- ing units on this lot. Mr. Gene Sandifer, 2043 Buena Vista Avenue, also spoke in support of the Appeal. The President then called for any opponents to the question and Mr. Allen Sligh, 2518 Chester Street, addressed the Council. He stated that, in circulating the petition of protest throughout the neigh- borhood, most of the home owners had been very surprised to learn they were living in an "R -4" District. He pointed up the fact that there were no other multiple dwellings in the area and these residents felt the five -unit dwelling wolfld further aggravate the parking problem. Mrs. Eva Boni, 1314 Broadway, and Mr. John Warren, 2528 Chester Street, also spoke in opposition to this Appeal. Their only objection was the parking problem which they believed would be increased. There being no further speakers on the matter, President McCall declared the Hearing closed. During the course of the discussion of the case, it was pointed out the area deficiency was only three per cent of the total square footage of the property involved. Councilman La Croix then moved the Appeal be denied and the action of the Planning Board be affirmed. The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Four. Noes: Councilman Isaacs, (1). Absent: None. REPORTS AND RECOMMENDATIONS: 7.1 From Auditor and Assessor, requesting the refund of taxes as follows: (a) In the amount of $2.30 to Angelo and Helen A. Ratto, 706 Pacific Avenue; (b) In the amount of $1,078.13 paid on first installment and the cancellation of the amount of $1,078.12 on second installment - on account of United States Steel Corporation, 1849 Oak Street; (c) In the amount of $2.30 to William and Zelia B. Neel, 1188 Broadway; (d) In the amount of S25.30 to John W. Platt, 977 -0 Elgin Street, San Lorenzo - erroneously levied and paid on a boat. These matters were referred to "Resolutions". 8./ From the City Manager, concerning the election and appointment of Fire Captain Waldo R. Williams to the Pension Board for a term to expire December 31, 1971. The matter was referred to '?ResolutionsU. 9./ From the City Manager, reporting all work satisfactorily completed on the project of Culvert Construction at Alameda Avenue and Chestnut Street - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be approved; that the work on this project be accepted and the Notice of Completion be filed. Councilman Levy seconded the motion which carried on the fol- lowing roll call vote. Ayes: Five. Noes: None. Absent: None. 10./ From the City Manager, recommending contract be awarded to R. F. Long Electric, low bidder, for the project of Ball Field Lighting in Washington Park, at the total cost of S25,349. Councilman La Croix moved the recommendation be adopted; that 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. 11.= From the City Manager, recommending the rejection of all bids on the project of Additions and Alterations to the Animal Shelter and that the work be accomplished by negotiation in the open market. Councilman La Croix moved the recommendation be accepted; that all bids be rejected and the specified project be accomplished accordingly. Councilman Levy seconded the motion which carried on the follow- ing roll call vote. Ayes: Five. Noes: None. Absent: None. 12. From the City Manager, requesting authority to purchase certain communications equipment for the Police Department in the open market without formal bids, under provision of Section 3 -15 of the City Charter. Councilman La Croix moved the request be granted and the City Manager be authorized to proceed with the acquisition of this equipment accordingly. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 13. From the Mayor, City Manager and City Auditor, submitting their report on the Count of Money held November 20, 1968, showing the sum of $7,586,537.12 in the City Treasury at that date. The report was noted and ordered filed. UNFINISHED BUSINESS: 14.; President McCall announced that negotiations with Southern Pacific Company were still pending with regard to the use of certain of its land by the City for recreational purposes on behalf of the children in Makassar Straits Village. He stated there would be a press release on the subject within a few days. 15. The President also referred to a press release from Mr. Ray Nesbit of the Wildlife Conservation Board of the State of California. He said the matter of a Fishing Pier for City of Alameda had been recommended. A meeting of the East Bay Regional Park District had been held this afternoon, at which time the adoption of the Alameda Beach Master Plan had been on the agenda. 35 President McCall expressed the belief that the City was in an excellent position to be able to discuss the acquisition of said Fishing Pier with the Wildlife Conservation Board. 16. ' The President took the opportunity at this time to introduce the newly—appointed member of the Board of Education, Mr. James L. Nolin, who would replace Mr. Jack Lubbock, resigned. Mr. Nolin was greeted with hearty applause. He expressed his thanks to the Council for its confidence in him and pledged his best efforts in making a worthy contribution to this Board. RESOLUTIONS: 17. The following resolution was introduced by Councilman Isaacs, who moved its adoption: "Resolution No. 7419 Ordering Cancellation and Refund of Personal Property Taxes Erroneously Levied and Collected." 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 La Croix, who moved its adoption: "Resolution No. 7420 Calling General Municipal Election to be Held in City of Alameda on Tuesday, March 11, 1969; Establishing Election Precincts; Fixing Number of Election Officers on the Board of Election for Each Precinct; Fixing Compensation of Election Officers and Designating Hours of Voting." 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. 19.' The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7421 Appointing Member of the Pension Board." (Waldo R. Williams) The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 20. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7422 Approving and Adopting Modifications to Select System of City Streets." 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. 21./ The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7423 Approving Warrants Nos. 153 and 154 of Board of Trustees of Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. 22.v/The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7424 Acknowledging Appointment of Member of Building Code Board of Appeals." (William Gorman) 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. 23.1/The following resolution was introduced by Councilman Isaacs, who moved its adoption: "Resolution No. 7425 Appointing Irma Linnae Nelson City Clerk." 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. The President then declared all of the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 24. Councilman La Croix moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series Authorizing Grant of Non - Exclusive Easements for Public Utility Purposes to East Bay Municipal Utility District, Pacific Gas and Electric Company and Pacific Telephone and Telegraph Company." The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 25.7 At this point, President McCall referred to a proposed ordinance which had been introduced at the last meeting, entitled as follows: "Amending the Alameda Municipal Code by Amending Sections 2 -532, 2 -533, 2 -535 and 2 -537 Thereof, Relating to Employees' Sick Leave Benefits." Meetings had been held with several groups of employees to clarify the contemplated provisions. How- ever, there was apparently some dissatisfaction among a minority of the City Employees with regard to the new regulations. Therefore, it was determined to withdraw the ordinance at this time. BILLS: 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 578,666.87, 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 Janu- ary 7, 1969, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 27.//Mr. Frank A. Gottstein, 731 Haight Avenue, felt the new alignment of traffic on Webster Street was not going to prove satisfactory. He also urged the Council to make proper use of the old Southern Pacific Right-of-Way (Patton Way) by establishing a thoroughfare along this route to relieve the Webster Street congestion. FILING: 28. Affidavit of City Manager and Chief of Police concerning expenditures from Police Secret Fund from January 1, through June 30, 1968. 29. Affidavit of City Manager and Chief of Police concerning expenditures from Police Secret Fund from July 1, through December 31, 1968. 30. Financial and Operating Report - Bureau of Electricity, as of November 30, 1968 - Verified by Hackleman, Larzelere, McKenna & von Kaschnitz. ADJOURNMENT: 31. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, January 21, 1969, at 7:30 o!clock. Respectfully submitted,