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1969-11-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING- NOVEMBER 18, 1969 The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of Allegiance was led by Councilman Fore and was followed by an inspiring Invocation delivered by The Reverend Sherwood Daily, Pastor of the First United Methodist Church. ROLL CALL: The roll was called and Councilmen Fore, Longaker, McCall and President La Croix, Jr., (4), were noted present. Absent: Councilman Levy, (1), who was on a trip to South America. MINUTES: 1. The minutes of the regular meeting held November 4, 1969, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. From Utah Construction & Mining Co., signed by Mr. Charles T. Travers, Vice President, submitting plan for development of the Bay Farm Island fill area and requesting it be approved. President La Croix suggested this plan be held over until proper studies could be made and information gathered from the Alameda Unified School District and other concerned sources. Councilman Longaker moved the letter be filed and the plan be held over for study. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 3/- From Alameda Improvement Club, signed by Mrs. Louise Benedetti, Recording Secretary, complaining of the recent removal of the bench from the bus stop at the northwesterly corner of High Street and Santa Clara Avenue. President La Croix stated the complaint had been given attention by the City staff and the bench had been replaced at the designated corner. From Mrs. Jess Parsons, 3002 Encinal Avenue, requesting permission to encroach one foot, six inches into the Court Street sidewalk area for a distance of 108.25 feet and four feet, six inches into the Encinal Avenue sidewalk area for a distance of 56.50 feet, for construction of a four-foot fence. It was pointed out that the City Engineer had recommended the request not be granted for reasons set forth in his memorandum dated November 12, 1969. It was his opinion that the fence should be on the property line. Mrs. Parsons, on invitation, addressed the Council on the subject. She said the posts for the fence had been set in place on October 1 and the fence should have been completed by October 6 but, due to an error on the part of the fencing company in delivering the wrong color, this had not been done. The posts had been installed, in concrete, in accordance with the Parsons' understanding that they were committed to erect the new fence where the old one had stood. Mrs. Parsons said if the fence on the Court Street side were set back farther than planned it would be impossible to close the gate behind their car when it was parked in the driveway. The encroachment requested on Encinal Avenue, which Mrs. Parsons said they had not realized was an encroachment because of the location of the former fence at the edge of the conmete, would in no way interfere with or cause a hazard to pedes- trians. She said the fence fabric had been delivered and was awaiting installation and, in view of all the delay and concern regarding the matter, they would like to be granted the encroachment so that the job could be completed and they could continue with their efforts to improve the property. The Parsons had been informed it was not necessary to obtain a Building Permit to erect a fence. On question, Mr. Lee Eichelberger, Assistant City Engineer, confirmed that the Municipal Code stipulates certain provisions with regard to height but no Building Permit is required to install a fence on private property. However, this case involved a fence on the public street right of way. It was also desired to replace the trellis, seven feet high. Councilman McCall inquired of the City Attorney, if the Council should allow the encroachment, whether Mrs. Parsons would still have to apply to the Planning Board for permission to exceed the three-foot height. Mr. Cunningham stated this would be true on the Encinal Avenue stretch of fence. He understood there had been no such application filed. Mrs. Parsons stated she had explained this situation to Mr. Robert Venable, Assistant Planning Director, who had prepared the letter for her signature. The four-foot fence height was requested due to the fact that the posts already installed were four feet high and the four-foot wire was on the premises awaiting installation. A great deal of expense and more delay would be entailed if they were required to reorder three-foot fencing. Councilman McCall said he was sympathetic to the problem facing the Parsons. He felt the construction of the new home had improved the property tremendously and had been a valuable addition to the neighborhood. He asked the City Attorney if there was anything the Council could do legally to grant the encroachment and solve the fence problem on Encinal Avenue. Mr. Cunningham explained the provisions of the Municipal Code and the Zoning Ordinance with regard to situations of this kind. Councilman Fore questioned the matter of liability of the property owners in case of accident, in view of the proposed location of the fence on public property. Mr. Cunningham explained this aspect. After some further discussion, Councilman McCall suggested the Parsons be granted the encroachment as requested, the four —foot height of fence on Court Street, and the contractor be required to lower the fence height on Encinal Avenue to three feet. Councilman Longaker indicated he was sympathetic to the proposal. It was stated it would still be necessary to go before the Planning Board for approval of the trellis. Mr. Jess Parsons pointed out the trellis was inside the fence, although still within the area of encroachment. Councilman McCall moved the encroachment be allowed on both Encinal Avenue and Court Street as requested, that the fence on Encinal Avenue be three feet high and the trellis be permitted as suggested. At the same time, Councilman McCall suggested it be recommended to the Planning Board that approval be granted for the trellis as planned and the three —foot fence along the Encinal Avenue frontage. Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 5. 7 From Bay Farm Island Reclamation District No. 2105,signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrant No. 165 in the amount of 550,000 to replenish the revolving fund. This matter was referred to "Resolutions". REPORTS AND RECOMMENDATIONS: 6. From the City Manager, recommending contract be awarded to Morris Landy Motors, low bidder, for furnishing four Sedans for the Police Department, at a net cost of $8,558.62. Councilman Longaker moved the recommendation be accepted, that the contract be awarded to the specified company for furnishing the Sedans for the Police Department at the price quoted. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 7. From the City Manager, recommending contract be awarded to Melrose Motors, Inc., low bidder, for furnishing two Sedans for the Building Department and three Station Wagons — two for Engineering and one for the Purchasing Department — at a net amount of 510,800.55. Councilman Longaker moved the recommendation be approved; that the contract be awarded to the designated company for furnishing the vehicles noted for the specified City departments, at the price quoted. Councilman Fore seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 8.,- -- From the City Manager, recommending contract be awarded to Jardin and Jardin, low bidder, for the project of Constructing a Storm Sewer in Clinton Avenue at Oak Street, at a price of $37,787.60. Councilman Fore 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: Four. Noes: None. Absent: One. 9. From the City Manager, recommending public improvements be accepted in connection with Parcel Map No. 398, north of Clement Avenue and east of Park Street, as filed by Mr. Donald R. Eldridge, and the bond be released. Councilman Fore moved the recommendation be approved, that the public improvements in connection with said Parcel Map be accepted and the bond be released. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. 10. ,'From the City Manager, reporting all work satisfactorily completed on the project of Ball Field Lighting at Washington Park, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Longaker moved the recommendation be adopted, that all 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: Four. Noes: None. Absent: One. UNFINISHED BUSINESS: 11. President La Croix reported that on this date he and the City Manager, with representatives of other cities in the County, had sat in a Hearing with the Board of Supervisors, only three of whom were present, on the possible revision of the Mayorst Gas Tax Formula. No vote had been taken; information had merely been given by Mr. Richard Clark, speaking for the Mayorst Conference, indicating somewhat the stand of the various Mayors, and representatives of the City of Oakland had spoken as to why the Formula should not be changed. Discussion was that perhaps the Formula should be continued as it had stood since 1956, when Supervisor Leland W. Sweeney had been instrumental in creating the Gas Tax Formula, and remain for another five years as it was at present. There had been some consideration given to reducing the period to three years. The meeting had been continued to December 9 when, if a quorum is present, possibly action would be taken. President La Croix said it appeared that the Formula would be retained in its present state. RESOLUTIONS: 12.` The following resolution was introduced by Councilman Longaker, who moved its adoption: "Resolution No. 7566 Affirming and Adopting Amendment No. 1 to Highway Users Tax Fund Budget." The motion to adopt said resolution was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 13. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7567 Approving Warrant No. 165 of Board of Trustees of Reclamation District No. 2105." The motion to adopt said resolution was seconded following vote. Ayes: Three. Noes: President 14. The following resolution was introduced by by Councilman Fore and on roll call carried by the La Croix, (1). Absent: One. Councilman Fore, who moved its adoption: "Resolution No. 7568 Cancelling Award of Contract for Construction of Storm Sewer Inter- connection on Webster Street near Tynan Avenue (Specifications PW 8-69-16; BEPCO, Inc.)." The motion to adopt said resolution was seconded by Councilman Longaker. In reply to a question by President La Croix, Assistant City Engineer Eichelberger stated the Engineering Department was redesigning the Interconnection plans in an attempt to avoid the old underground pavement which investigation had uncovered. It was hoped a location could be found which would eliminate the problem and bids would be called for again. The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One. The President declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 15., 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 Amending Sections 2-532, 2-535 and 2-537 Thereof, Relating to Employees' Sick Leave Benefits." The motion to introduce said ordinance was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). 16.'m Councilman McCall moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (57) to Section 17-333 Thereof, Relating to All Time No Parking." (Willow Street, Encinal Avenue to Santa Clara Avenue) The motion to introduce said ordinance was seconded by Councilman Longaker and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Levy, (1). President La Croix stated this ordinance had been requested by the Traffic Advisory Committee to alleviate any problems in the use of Willow Street as access to the new emergency facility at Alameda Hospital, which would be opening very shortly. It was stated all property owners affected should be notified before the ordinance came up for adoption as to the intent of the Council in the matter. ORDINANCES FOR PASSAGE: 17.- No. 1607, New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." Councilman Longaker moved the ordinance be passed as submitted. The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 18.// "Ordinance No. 1608, New Series Amending the Alameda Municipal Code by Amending Sections 16-617 and 16-619 Thereof, Relating to Issuance of Private Patrol System Permits." Councilman Longaker moved the ordinance be passed as submitted. The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. BILLS: 19. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of S42,604.48, 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 Longaker moved the bills as itemized in the List of Claims filed with the City Clerk on November 18, 1969, 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: Four. Noes: None. Absent: One. ORAL COMMUNICATIONS, GENERAL: 20.E Mrs. Inez Kapellas, 1128 College Avenue, complained of the bad chuck holes at South Shore Shopping Center. She wondered what procedure one should use to get this situation corrected. President La Croix requested that the City Engineeris office contact the owners of the Center and inquire if the problem could be alleviated. Mrs. Kapellas also complained of a concrete obstruction in the area of the Safeway, which was in the way of oncoming traffic and was very dangerous. It was stated this matter would also be relayed to Utah Construction & Mining Co., with the request that steps be taken to correct the hazardous condition. 21./ Mr. Frank Gottstein, 731 Haight Avenue, complained of oil in the lagoons. He said many people serviced their cars at the street -ends and the oil was flushed out and poured into the lagoon. He sug- gested signs be posted and policing be provided. It was pointed out that the first rains of the year washed this oil into the lagoons through the storm drainage system. The City Engineer had said this would be washed away through the action of water pumping into the lagoons. Mr. Gottstein also said most of the curb along Webster Street north of the Segregation Line had sunk so the pavement was even with the top of the curb and sometimes above. He complained again that the street should be raised. FILING: 22. Financial and Operating Report - Bureau of Electricity, as of September 30, 1969 - Verified by Hackleman, Larzelere, McKenna & von Kaschnitz. ADJO ' 1 T: 23. There being no further business to come before the meeting, the Council adjourned, to assemble in regular session on Tuesday evening, December 2, 1969, at 7:30 olclock. Respectfully submitted, City Clerk