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1968-04-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING APRIL 2, 1968 The meeting convened at 7:30 olclock p.m. with President McCall presiding. The Pledge of Alle- giance was led by Councilman La Croix and was followed by an inspiring Invocation delivered by The Reverend Mr. James W. Ferguson, Pastor of the Church of Christ. ROLL CATZ: The roll was called and Councilmen Fore, La Croix, Jr., Levy and President McCall, (4), were noted present. Absent: Councilman Bartley, (1). The President announced that Councilman Bartley had just undergone major surgery but he was reportedly in satisfactory condition. MINUTES: 1. The'minutes of the regular meeting held March 19, 1968, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. A Petition was presented, signed by eighty-four residents, requesting consideration of retaining the Palm Trees on Eighth Street by creating a two-lane street west of said Palms so they could serve as a dividing strip in the center of a four-lane thoroughfare. This matter was referred to the City Manager for consultation with the Traffic Advisory Committee and a report. It was so ordered. 3. From O. C. Jones and Sons, signed by Mr. K. L. Parkhurst, Engineer, requesting an additional extension of time to May 31, 1968, in which to complete the street improvements on Calhoun Street, under Assessment District No. 67-1 and Contract No. PK 8-67-25. Councilman La Croix moved the extension of time be granted to this firm as requested. The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Bartley, (1). 4Y/ From Todd Shipyards Corporation, submitting Application for a Permit to Dredge eighty thousand cubic yards for its new Dry Dock. An approved Bond accompanied the Application. Councilman Fore moved the Application be granted and the Permit issued to this Corporation for the purpose indicated. Councilman Levy seconded the motion which carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman Bartley, (1). ORAL COMMUNICATIONS, AGENDA: 5. Mr. Frank A. Gottstein, 731 Haight Avenue, remarked that he was glad to learn many people were interested in trying to save the Palm Trees on Eighth Street. He referred to a suggestion previously made to handle the traffic in this area by making Portola Avenue and Burbank Street a one-way street traveling north. Mr. Gottstein said Eighth Street as it exists could then take care of the southbound traffic. It was pointed out this one-way recommendation had been given thorough consideration and it was believed this traffic pattern would present disadvantages and inconvenience to the residents on Eighth Street and on Portola Avenue. A resident on Eighth Street spoke of the hazards to children in this block who tried to cross to Wash- ington Park. HEARINGS: 6. The matter was called up with regard to the Appeal from the decision of the Planning Board to deny a variance to eliminate the five-foot yard requirement between a main building and an accessory struc- ture. Said Appeal was filed by Dart Construction Co., signed by Mr. Larry Surano, concerning the erection of a multiple dwelling at 2152 San Antonio Avenue. City Attorney Cunningham stated the issue before the Council was whether or not the findings and action of the Planning Board taken under Section 11-161 of the Alameda Municipal Code should be affirmed, modified or reversed. Upon request, Planning Director Johnson reviewed in detail the history of this case - as had been sum- marized in his memorandum dated March 29, 1968. The President called for the proponents of the question and Mr. Larry Surano presented his arguments in favor of allowing the one parking space in question at the rear of the yard to be covered. There was a great deal of discussion about the ramifications of this type of situation. Mr. Austin, 1552 Marina Boulevard, San Leandro, who owned the property involved, also addressed the Council in support of Mr. Suranols Appeal. The City Attorney and the Planning Director agreed it was a difficult matter to legislate without affecting other circumstances of the Zoning Ordinance. It was later developed, however, that the Plan- ning Board was giving further study to the question of off-street parking requirements and this parti- cular phase of the regulations would be included. Upon inquiry for opponents to the issue, there was no response - and the President declared the Hear- ing closed. Councilman La Croix thereupon moved the Appeal be granted and the decision of the Plan- ning Board be overruled. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Bartley, (1). City Manager Weller suggested some type of variance procedure could be created which would save con- siderable time since it would not involve either the Planning Board or the City Council except in the event of an "Appeal ". This would entail a Zoning Administrator who was also possibly the Plan- ning Director or a Zoning Committee of the Planning Board who would hear these matters. Mr. Weller explained the operation and recoamended that if the Council concurred with this method of organiza- tion, he might consult with Mr. Johnson and report on their exploration of some type of ordinance to effect this change. It was agreed upon and so ordered. REPORTS AND RECOMMENDATIONS: 7. From the Mayor, City Manager and City Auditor, submitting their report on the Count of Money held February 21, 1968 - at which time there was the sum of $7,443,177.60 in the City Treasury. The report was noted and ordered filed. 8Y7 From City Manager, requesting authorization, under provisions of Section 3 -15 of the City Charter, to purchase in the open market certain Radio Equipment for the new Fire Station. Councilman La Croix moved the request be granted and the City Manager be authorized to purchase the required equipment as indicated. The motion was seconded by Councilman Levy and carried on the fol- lowing roll call vote. Ayes: Four. Noes: None. Absent: One. 9. From City Manager, recommending contract be awarded to Good Chevrolet, low bidder, for furnish- ing one Dump Truck for the Street Department, at the total cost of S3,717.09. Councilman Levy moved the recommendation be adopted; that contract be awarded to said firm for fur- nishing the vehicle specified at the price quoted. The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 10/ From City Manager, reporting all work satisfactorily completed on the project of Widening and Storm Sewer Installation on Eighth Street from Lincoln Avenue to Haight Avenue - recommending it be accepted and the Notice of Completion be ordered filed. Councilman La Croix moved the recommendation be followed; that the work on the specified 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. Mr. Frank Gottstein registered his complaint about the "dip" in the sidewalk in this block in con- nection with this project. He felt the workmanship was inferior and could cause accidents to children and elderly people. 11. From Alameda Recreation Commission, signed by the Chairman, concerning the status of the original Major Capital Outlay Program for Parks and Recreation areas - and urging that long -term needs be given closer consideration at this time. There being no objections, the President asked for a Staff review of the 1965 Outlay Program. He pointed out a number of changes had taken place in priorities and he asked that the City Manager bring these studies up to date so a meeting could be held with the Capital Outlay Committee of the City Council, comprised of Councilmen Fore and Levy. Then a report and recommendation could be submitted to the Council as a whole for its consideration. The report of the Alameda Recreation Commission in this respect was approved as submitted. RESOLUTIONS: 12. The following resolution was introduced by Councilman La Croix, who moved its adoption: ''Resolution No. 7304 Adopting Specifications, Special Provisions and Plans for Resurfacing and Minor Repairs of Various Streets, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 13. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7305 Adopting Specifications, Special Provisions and Plans for Pavement Repair and Resurfacing on Peach Street from Washington Street to San Jose Avenue, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 14. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7306 Authorizing Execution of Cooperative Agreement with State of California Relating to Modification of Existing Traffic Control Signal Systems at the Intersections of State Highway Route 61 (Encinal Avenue) with Chestnut and Grand Streets, and at the Intersections of State Highway Route 260 (Webster Street) with Central, Santa Clara, Lincoln and Buena Vista Avenues." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. 15. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7307 Authorizing Execution of Agreement with William Ray Hill, Transacting Business as Hillectrics, for Electrical Services (Fire Station No. 1)." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. The President then declared all of the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 16. Councilman La Croix moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter. The motion was seconded by Councilman Levy and carried by the following vote. Ayes: Four. Noes: None. Absent: One. "Ordinance No. New Series Authorizing Execution of Amendment of Lease of Real Property by City to Pacific Shops, Inc." ORDINANCES FOR PASSAGE: 17. "Ordinance No. 1567, New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. BILLS: 18. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 63,891.04, 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 La Croix moved the bills as itemized in the List of Claims filed with the City Clerk on April 2, 1968, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: One. ORAL COMMUNICATIONS, GENERAL: 19X" There was a large group of Alameda High School students in attendance at this meeting, one of whom - Jerry Segura, 2432 Otis Drive, had asked earlier in the meeting for an opportunity to speak about "Police harassment" of the students at noon time. Mr. Ashley Jones, 1040 Fair Oaks Avenue, addressed the Council. He said he appeared as Chairman of "Alamedans for a Better Community", as a Counselor at Alameda High School and as a very concerned citizen - about the subject of the relationship between the youth of the community and the adults - between the youth of the community and the Police and between the citizens of the community and the Police. Mr. Jones pointed up an incident concerning the arrest of three youths - one being a student of Alameda High School. He alleged the Police were constantly harassing the students at noon time in that they ordered the youths to "move on any time they happened to be standing in groups talking - on the grounds they were "loitering". He said the students felt they had no "rights". Mr. Jones stated he was not their spokesman but he agreed with their feeling in this respect as he, himself, had been told to move on when he was talking to several young people. He inquired if the Council did not believe there was something which could be done about this. President McCall stated the proper procedure would be for the Council to ask for a full report from the Chief of Police so it would be knowledgeable about the case which had apparently initiated the action this evening. City Manager Weller stated forthrightly that it was time someone defended the Police Officers when they were performing their duty. He told Mr. Jones he should have discussed this matter with the Chief of Police. If he did not get satisfaction there, he should have contacted the City Manager - and if he were still not satisfied, he could then come to the City Council. Mr. Weller emphasized that Police Officers were under oath to uphold the law and indeed had the right to do just that. He pointed out the Law Enforcement Officers had a hard enough time these days without being accused continuously of abusing their authority. Mr. Jones then asked the City Council to become concerned about the citizens of the community who were under the age of twenty years, who, he contended, really had nowhere to go. He referred to the former Youth Activities Committee, which had studied this type of problem several years ago, had sub- mitted its report and recommendation - and said no one had paid any attention to it because it would have entailed the expenditure of money for a Youth Center where these young people could congregate. Councilman La Croix stated he believed the City Council had always shown concern for the youth of the City. He remarked that he had recently been appointed to the Alameda County Human Relations Commis- sion to act on the Police Community Relations Panel and he offered to sit with the Alameda Chief of Police, if the Council deemed it necessary, to discuss various issues. Councilman La Croix said he would not want any of the students present to go away believing that the City Council was not aware of some of the problems which existed. He urged, however, that proper procedures be followed in order to maintain good community relations. Several youths came forward and addressed the Council - each reiterating the plea that the young people in Alameda needed some place where they could congregate and talk and not be bothered by the Police or supervisors directing them exactly what to do. It was suggested by one that three youths be included in the group which was to discuss the problems with the Police Chief. Those who spoke were: Jerry Segura, 2432 Otis Drive; Ron Lewis, 320 Haight Avenue; John Nave, 2025 Central Avenue; Gary Baker, 1737 Alameda Avenue; James Robbins, 2250 San Antonio Avenue; Gary Bell, 1014 Post Street; Kathie Smith, 1715 Central Avenue, expressed her support of the apparent need of these youths; Robert Nunes, 1142 Peach Street. Mrs. John Doherty, 1329 Weber Street, expressed her thought that the City Council was the Body to which these young people should appeal for help in this respect. She said she also felt the Council should seriously consider the recommendations which had been made by the Youth Activities Committee. A great deal of discussion of the subject ensued and Councilman La Croix suggested the Council investi- gate the possibility of gathering a group of people comprised of members of the School Department, members of the City Government and Recreation Staff to ascertain just what ugaps" prevailed and to learn how they could be filled. He asked that the Mayor look into this matter. President McCall gave assurance to the group of students that he and the Council would thoroughly check into this situation and they would endeavor to find a solution for this problem. FILING: 20. Amendment to Lease - Pacific Shops, Inc. 21. Agreement - Between City and State Department of Public Works - Re Signal System Modifications. 22. Agreement - Personal Services (Electrical - William Ray Hill). 23. Specifications No. PW 4-68-7 - Resurfacing and Minor Repairs of Various Streets. 24. Specifications No. PW 4-68-8 - Pavement Repair and Resurfacing on Peach Street from Washington Street to San Jose Avenue. 25. Financial Statement - Bureau of Electricity as of February 29, 1968 - Verified by Hackleman, Larzelere, McKenna & von Kaschnitz. ADJOURNMENT: 26. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, April 16, 1968, at 7:30 otclock. Respectfully submitted, Clerk