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1967-03-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALA4EDA HELD TUESDAY EVENING MARCH 21, 1967 The meeting convened at 7:30 o'clock p.m. with President Godfrey presiding. The Pledge of Alle- giance was led by Councilman Rose and was followed by an inspiring Invocation delivered by The Reverend Mr. Robert Lewis, Minister of the First Congregational Church. ROLL CALL: The roll was called and Councilmen Bartley, La Croix, Jr., McCall, Rose and President Godfrey, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held March 7, 1967, were approved as transcribed. WRITTEN COMMUNICATIONS: 2.'" From Mr. William P. Stier, concerning the financial status of the City and registering his objections to City expenditures and any requests for Federal or State aid. The Clerk was directed to acknowledge this letter, informing Mr. Stier that (1) the Golf Course proj- ect was fully funded by monies in the City Capital Outlays Fund prior to the start of any work thereon; and (2) the "open space grant" query was with regard to the possibility of using Federal Funds in lieu of monies which had previously been set aside for Golf Course repairs and various other works. Councilman McCall also felt it should be respectfully suggested to Mr. Stier that he could have dis- cussed these matters with City Manager Weller and obtained the facts of the situation before writing such a letter. ORAL COMMUNICATIONS: 3' Ed. George, 37 Garden Road, Burroughs Corporation representative, asked for the privilege of speaking on the matter of purchasing a replacement of an accounting machine in the Auditor's Depart- ment, as listed on the agenda under "Unfinished Business". 4. Mr. Frank Gottstein, 731 Haight Avenue, requested the opportunity to address the Council concern- ing proposed changes in the Council meeting "Order of Business" which was also listed under "Unfinished Business". HEARINGS: 51( The matter was called up concerning the Appeal from the decision of the Planning Board - filed by Gersten Construction Co. - to deny its application for renewal of a Use Permit to allow a sign ten feet by thirty feet in size, located at the north side of said Gersten property near Atlantic Avenue for advertising purposes. Upon request, Planning Director Johnson reviewed the history of this case, pointing up that said Use Permit to allow the large sign had originally been granted in 1963, and had been renewed annually since then. The last time it came up, in August, 1966, the Use Permit had been renewed for only six months, the Board having informed the Applicants that since construction of the Buena Vista Apart- ments had been completed, the sign had served its purpose. The Board had found that to allow said sign to continue in place, it would be faced with many applications for such signs all over the City on a more or less permanent basis. City Attorney Cunningham stated the legal issue before the Council was whether or not the action of the Planning Board under Section 11-162 (a)(e)(f) of the Alameda Municipal Code should be confirmed, modified or reversed. The President called for any proponents of the question who desired to speak and Mr. Abraham Hyman, General Manager of the Buena Vista Apartments, spoke on behalf of Gersten Company. He emphasized that because of the Vietnam War, the turnover in rentals was extremely high and the sign was needed presently more than ever. Mr. Hyman stated the newspaper advertising had been greatly increased in an attempt to keep the units occupied and their expenses in this respect had consequently risen. He urged the Council to grant renewal of the Use Permit to allow continued use of said sign for another year. He stressed the fact that keeping the units occupied was good economics for the City. Upon the call for opponents to this issue, there was no response. President Godfrey declared the Hear- ing closed and inquired the pleasure of the Council. Councilman Bartley remarked that there were a number of large signs along Atlantic Avenue which presented a disgraceful appearance. He agreed, however, that in this specific case, this one large sign in question would not make any particular difference. He said he would like to have the Council instruct the City Attorney and the City Manager to take immediate action under the amortization clause of the Zoning Ordinance to have these signs removed. He strongly believed this situation should be cleaned up. Councilman Bartley stated he would pursue this matter later in the meeting. Councilman McCall expressed his approval of the low-cost housing which had been provided by the Gersten Company and felt these six hundred fifteen units had been a great service to the City. He moved that the Appeal be granted and the ruling of the Planning Board be reversed - and the Use Permit be renewed to allow this large sign to remain for a period of one year from February 27, 1967. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: President Godfrey, (1). Absent: None. REPORTS OF OFFICERS, BOARDS, ETCETERA: 6Y From City Auditor, recommending the refund of a tax penalty in the amount of 6156.01, due to incomplete mail delivery, under provisions of Article 2, Section 3-921 of the Alameda Municipal Code. This sum was paid with the tax payment made by Mr. Willard Anderson, 544 Central Avenue. The matter was referred to "Resolutions". From City Manager, recommending contract be awarded to Gallagher & Burk, Inc., low bidder, for the project of Regrading the South Side of Central Avenue, West of Sixth Street, at the total cost of 3,838.25. Councilman Rose moved the recommendation be adopted; that contract be awarded to said firm 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. 8.v From City Manager, recommending contract be awarded to McGuire and Hester, low bidder, for the project of Constructing a Sanitary Sewer in Clinton Avenue from Park Street to Walnut Street, at the total cost of S54,455. Councilman Rose moved the recommendation be approved; that contract be awarded to said firm for the designated project at the price quoted. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 9. v- From City Manager, reporting all work satisfactorily completed on the project of Constructing Quarry Waste Pathways at Lincoln Park - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Rose moved the recommendation be followed; that the work on this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman McCall and carried unanimously. 10!' From City Manager, reporting all work satisfactorily completed on the project of Installing Con- crete Work at Krusi and Godfrey Parks - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Rose moved the recommendation be adopted; that the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman McCall and unanimously carried. iiY From City Planning Board, signed by the Secretary, recommending the reclassification of a sixty-. six-acre parcel at the northwest corner of Webster Street and Atlantic Avenue from the "C-M", "R-4-G" and "M-2-G" Districts to the "R-4", Neighborhood Apartment District. (Peralta Junior College site). It was determined that the date of Hearing on this matter would be the next Council meeting - to be held April 4, 1967. 12/ From City Manager, recommending contract be awarded to Good Chevrolet, sole bidder, for furnishing one 3/4-ton Pickup Truck for the Street Department, at the total cost of $2,687.47. Mr. Pat Abrams of Service Equipment Company questioned the type of body to be supplied with this parti- cular truck. Mr. William Allan, representing Utility Body Company, also addressed the Council in clari- fication of this matter. Councilman Bartley moved the recommendation be accepted; that contract be awarded to Good Chevrolet for furnishing the specified vehicle at the price quoted. Councilman La Croix seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 13. The following ordinance was introduced by Councilman Bartley, after which it was laid over under provision of law and the Charter: An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." 14 The matter was broached concerning the proposed change in the Council meeting "Order of Business", to place "Oral Communications" at the end of the agenda. The President referred to a memorandum from the City Attorney dated March 9, clarifying "Sec. 2-116 - Right to Address Council" as it currently existed. Councilman McCall stressed the fact that he was not introducing some new aspect of "Oral Communications" but was merely asking that the City Attorney spell out the proper procedure as presently set forth, Make his recommendations thereon and then, that the Council follow the regulations as contained in the Code. "Ordinance No. New Series UNFINISHED BUSINESS: There was a very lengthy discussion on the subject in an attempt to properly interpret this section of the Code and to fully understand the thinking of the respective Councilmen as to what change he might feel necessary. It was ultimately determined that the City Manager and the City Attorney were to give further con- sideration to this problem and the Council's desire for a precise definition of exactly what was meant by "Written" and "Oral" Communications and what these categories would cover. It was further suggested that adequate clarification be presented to the Council which it could study and, conse- quently, decide upon just what type of ordinance the City Attorney was to be directed to prepare for future enactment. This report was to be submitted to the Council by the first meeting in May Mr. Frank Gottstein then addressed the Council on this issue, as he had requested earlier in the meet- ing. He recalled that former Mayors had inquired informally at the end of each Council meeting if anyone wished to speak on anything. He pointed out this was in addition to the category of "Oral Communications" at the beginning of the meeting. He expressed the thought this whole matter was an attempt to penalize him. 15 Y The matter was next presented concerning the request of the City Auditor for the replacement of an Accounting Machine at the approximate cost of 511,364. This matter had been laid over from the previous Council meeting for further investigation of certain equipment available in the City of Newark which might be acquired by Alameda. As he had indicated earlier, Mr. E. D. George, 37 Garden Road, a representative of Burroughs Corpora- tion, inquired of the City Council why other companies had not been invited to submit bids on the piece of equipment needed in the Auditor's office. The President explained that the City Auditor was an elected official and, therefore, was not under the control of either the City Manager or the City Council and he could make his own determination upon the type of accounting equipment he desired and needed for his office operations. Mr. George spoke at great length about the features and prices of the equipment of Burroughs, National Cash Register and International Business Machines. He said he believed the City was planning to pur- chase some "old" equipment as far as "concepts" were concerned - and then expounded on the advantages of electronic machines, which type of equipment the Bureau of Electricity had recently purchased. Mr. George suggested the Council make further investigation and give thought to electronic machines before spending some 511,000. for the manual -type equipment. He felt the replacement of the account- ing machine in the Auditor's Department should be laid over pending further investigation. The Council then entered into further detailed question and answer discussion, following which Council- man La Croix moved the suggestion be made to the City Auditor that he investigate the possibility of calling for bids for comparable equipment to replace the present machine. Further, that he consider having a survey made of electronic equipment on the market and the advisability of procuring this type of machine. Councilman Bartley seconded the motion. Speaking on the question, Councilman McCall suggested some type of citizens committee comprised of public accountants be asked to study this overall situation and submit its thinking to the Auditor or the City Council. He thought President Godfrey might discuss this proposal with the Auditor. The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16 v/ . President Godfrey congratulated Councilmen La Croix and Rose upon their recent re- election to office. NEW BUSINESS: 17:' Councilman Rose cordially invited everyone to attend the Twenty- eighth Annual Easter Sunday Sun- rise Services to be held in Lincoln Park, at 6:04 o'clock. 18v/ At this time, Councilman Bartley referred back to the earlier comments about the large billboard signs along Atlantic Avenue and spoke of this problem prevailing throughout the City. He strongly objected to such signs cluttering up the City and expressed the definite opinion that it was time the ordinance be followed. Councilman Bartley then moved the Council instruct the City Attorney, the City Manager and his Staff to take immediate action to have those signs removed which fell within the amortization clause of the Zoning Ordinance. Councilman La Croix seconded the motion. The City Attorney explained the steps which should be taken and remarked that he would submit a memo- randum to the Councilmen for their information. He referred to Section 11- 151(b) of the Zoning Ordi- nance relating to said non - conforming signs and their removal. The question was then put and the motion carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. RESOLUTIONS: 19. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7106 Requesting Reallocation of Remaining 1962 -1963 'Mayor's Formula' Alameda County Gas Tax Funds, and Approving Map Showing Projects Proposed for Expenditure of Said Funds." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 20. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 7107 Ordering Cancellation and Refund of Penalty Erroneously Assessed and Collected Upon Real Property Taxes." The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 21Y The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7108 Declaring Canvass of Returns and Result of General Municipal Election Held on March 14, 1967." 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. Councilman La Croix complimented the Clerk for the excellent job done in taking advantage of the oppor- tunity to consolidate the Polling Places and thus save a considerable sum of money in the cost of the General Municipal Election. The Clerk spoke of the fine support and cooperation given her by the Public Works Department in preparing for said election. At this point, President Godfrey welcomed back Mrs. Irma L. Nelson, Deputy City Clerk, who had been on leave due to an accident in which she had broken her arm. 22. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7109 Adopting Specifications for Furnishing to the City of Alameda One (1) New, 1967 Latest Model, 1/2 Ton Pickup Truck for Golf Course, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7110 Adopting Specifications for Furnishing to the City of Alameda One (1) New Latest 1967 Model Light Duty Pickup Truck for Golf Course, Calling for Bids and Directing City Clerk to Advertise Same." 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. 24. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7111 Authorizing Execution of Amendment to Agreement with Alameda Chamber of Commerce." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 25. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 7112 Resolution of the Council of the City of Alameda in Memoriam to Wesley W. Smith, Employee in the Street Department "WITH HEARTFELT SORROW, the Council of the City of Alameda records the death of one of its faithful employees, WESLEY W. SMITH, who had started his employment with the City of Alameda on April 7, 1959, and who was a skilled worker in the Street Department at the time of his sudden demise. "WHEREAS, Mr. Smith had been a most conscientious and dependable employee and had per- formed his duties in a most capable manner; and "WHEREAS, Mr. Smith had always been very cooperative in participating in employee activities and had engendered pleasant relations among his fellow workers by his amiable disposition; and "WHEREAS, Mr. Smith will be sorely missed by all of his associate employees and many friends who have indeed been truly saddened by his untimely death. "NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that, in recognition of his loyal and earnest efforts in the performance of his job and in appreciation of his service during his City employ, the City Council does hereby express its sense of personal loss, and its gratitude for the endeavors of this fine man. "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. Smith in order to extend to its mem- bers a sincere expression of 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 WESTgY W. SMITH." The motion to adopt said resolution was seconded by Councilman Rose 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. ORDINANCES FOR PASSAGE: 26. "Ordinance No. 1546, New Series An Ordinance Amending the Alameda Municipal Code by Adding Subdivision (39) to Section 17-442 Thereof, Relating to Electrically Operated Traffic Control Signals." (Third Street and Atlantic Avenue) Councilman La Croix moved the ordinance be passed as submitted. The motion was seconded by Council- man Bartley and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. FILING: 27. Financial Statement - Bureau of Electricity - as of January 31, 1967 - Verified by Hackleman, Larzelere & McKenna. 28. Specifications No. MS 3-67-5 - One 1/2-Ton Pickup Truck for Golf Department. 29. Specifications No. MS 3-67-6 - One Light-Duty Pickup Truck for Golf Department. 30. Amended Contract - Between City and Alameda Chamber of Commerce. BTUS: 31. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 72,016.76, 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 McCall moved the bills as itemized in the List of Claims filed with the City Clerk on March 21, 1967, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman Rose and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 32. There being no further business to come before the meeting, the President called up the Council and the audience to stand for a moment of silence in observance of the passing of Mr. Wesley W. Smith. The Council then adjourned in respect to the memory of Mr. Smith - to assemble in regular session on Tuesday evening, April 4, 1967, at 7:30 otclock. Respectfully submitted, City /Clerk