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1967-06-06 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING - - - JUNE 6, 1967 The meeting convened at 7:30 &clock p.m. with President McCall presiding. The Pledge of Allegi- ance was led by Councilman Bartley and was followed by an inspiring Invocation delivered by The Reverend Miss Gladys C. Grier, Minister of the Home of Truth. At this time, President McCall introduced Mr. Gustave Levy, recently appointed Councilman to serve in the seat vacated by the resignation of Councilman William S. Godfrey. Councilman Levy was then sworn in by the City Clerk and assumed his position on the City Council with congratulations and applause. ROLL CALL: The roll was called and Councilmen Bartley, La Croix, Jr., Levy, Rose and President McCall, (5), were noted present. Absent: None. MINUTES: v7 1. The minutes of the regular meeting held May 16, and the special meeting held May 23, 1967, were approved as transcribed. With regard to the minutes of the adjourned special meeting held May 25, Councilman Rose stated he wished the minutes to show that he had excused himself at the conclusion of the interviews of the applicants for Councilman and had not taken part in the voting thereon. He said he had done this in good faith, believing that the three Councilmen at that time should have the right and privilege of selecting the men they wished to work with them. Councilman Rose said it was for this reason only that he had absented himself and had indicated he would approve any selections the Council made. He remarked that the people of Alameda were very fortunate in having Messrs. Levy and Fore named to the City Council to fill the vacancies which had occurred. The minutes of said meeting of May 25, 1967, were then approved as corrected. WRITTEN COMMUNICATIONS: 2V From Hotels and Apartments, Inc., signed by Mr. Harold L. McGinnis, requesting final acceptance of Tracts Nos. 2822 and 2833 and the release of its Subdivision Bond. These developments covered Unit 1 and 2, respectively, Villa Del Don, Bay Farm Island. The matter was laid over to the meeting of June 20, 1967, for disposition. 3. From Hotels and Apartments, Inc., signed by Mr. Harold L. McGinnis, requesting an extension of time of one year in which to complete improvements in Tract No. 2874 and have the Final Map accepted. This subdiVision was known as Unit 3, Villa Del Don, Bay Farm Island. Councilman La Croix moved the request be granted to allow the extension of time specified for comple- tion of the work in said Tract. The motion was seconded by Councilman Levy and carried on the follow- ing roll call vote. Ayes: Four. Noes: None. Not Voting: Councilman Bartley, (1). Absent: None. Councilman Bartley explained that he had abstained from voting because he was the Realtor in this transaction. 4. From Bay Farm Island Reclamation District No. 2105, signed by Mr. Gordon R. Briggs, Secretary, requesting approval of its Warrant in the amount of S382,119.66 in payment of certain dredging work. The matter was referred to "Resolutions". 5/ From twelve residents in the area, petitioning the Council to take action to replace a portion of Pearl Street, between Otis Drive and Evelyn Court, due to its deterioration which was a dangerous hazard to motorists. The matter was referred to the City Engineer for his complete review and report back to the City Coun- cil. Mr. Hanna indicated he would submit said report in time for the newt meeting on June 20, 1967. 6.v From Alameda Conservation Association, signed by Mrs. Helen L. Freeman, President, submitting copies of certain documents concerning tidelands - and requesting necessary steps be taken to conserve said tidelands and to inform Reclamation District No. 2105 accordingly. The President stated the City Attorney had advised that no additional action was required of the City Council to conserve the tidelands. ORAL COMMUNICATIONS: /V Mr. Richard Riehl, 826 Oak Street, stated he was an owner of property at the foot of Pearl Street and was one of the petitioners for its improvement, as submitted earlier in the meeting. He distri- buted several pictures showing the bad condition of the pavement. The President stated this matter would be fully considered at the meeting of June 20, when Mr. Hannats report was ready and the subject could be debated at that time. 8. Mr. Frank A. Gottstein, 731 Haight Avenue, commended the Alameda Police Officers for their good service and said he could not understand why there were more incidents of crime in Alameda nowadays. He thought there should, perhaps, be more policemen in the Alameda Department. He also pointed out the people of Alameda just did not want industry in this community - they wanted it to be a residential City. 9. Mr. J. P. McClure, 1416 Broadway, spoke in favor of the proposed General Plan and said he believed the City definitely needed a plan of this type for the guidance of not only the City Staff and City Council but also for the citizens themselves, for the orderly growth of the community. HEARINGS: 10. The matter was called up with regard to the Appeal filed by Clark Huffaker, Inc., on behalf of Walter and Virginia Chapman, from the decision of the Planning Board to deny the application for a variance to allow reduction of the five-foot distance between a main structure and an accessory build- ing at 2141 San Antonio Avenue. The Clerk stated copies of the minutes of the Planning Board meeting at which this matter was considered had been sent to the Councilmen for their information. Also, the parties involved had been notified that the Hearing on the subject would be at this time and place. Upon request, City Attorney Cunningham stated the issue before the Council was to determine whether or not the action the Planning Board had taken under Section 11-161(b)(e) of the Alameda Municipal Code, should be affirmed, modified or reversed. Planning Director Johnson was then called upon and reviewed in detail the history of this case. He agreed Mr. Huffaker's design was good but, under the amendment recently adopted by Ordinance No. 1533, New Series, a five-foot separation was required between main and accessory buildings - or a five-foot clear distance maintained completely around the accessory building which would pertain to both side and rear yards. He pointed up the fact that the motion at the Board meeting was to grant the variance - but it failed to carry on a vote of three ayes and four noes. The President called for the proponents of this question and Mr. Huffaker spoke at some length in sup- port of his design, especially the fact that the carports were covered and were located at the rear of the building. He explained that they were open at the back and front and the roof was supported by columns. He said he believed it was necessary to have said roof attached to the sheer wall of the main structure for the required support. Further, he desired one hundred per cent covered parking in his developments, if at all possible. Upon the call for opponents to this issue, there was no response. The President then declared the Hear- ing closed and inquired the pleasure of the Council. Councilman La Croix moved the decision of the Planning Board be upheld and the Appeal be denied. The motion was seconded by Councilman Rose. Speaking on the question, Councilman Bartley said he was, reluctantly, in disagreement with the think- ing of the Planning Board in this case. He believed the best design for such apartments was to provide parking at the rear of the building. The question was then put and the motion lost on the following roll call vote. Ayes: Councilmen La Croix and Rose, (2). Noes: Councilmen Bartley, Levy and President McCall, (3). Absent: None. The President then announced that the motion had been defeated and, therefore, the Appeal was granted and the variance would be allowed. There was some discussion about the amendment of the Zoning Ordinance section of the Alameda Municipal Code in this respect. It was developed that said regulations were applicable specifically to patio problems rather than to garage or carport conditions. Said amendment, therefore, did not resolve this phase of such situations. REPORTS OF OFFICERS, BOARDS, ETCETERA: 11. From City Manager, reporting all work satisfactorily completed on the project of Street Regrading on Portions of South Side of Central Avenue, West of Sixth Street - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Levy moved the recommendation be adopted; that work on the specified project be accepted and the Notice of Completion be filed. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 12. From City Manager, recommending an extension of time be granted to July 1, 1967, during which period the contractor would be able to complete Remodeling Fire Station No. 3 on Grand Street. Councilman Levy moved the recommendation be approved and the requested extension of time be granted for the completion of said project. The motion was seconded by Councilman Bartley and carried on the fol- lowing roll call vote. Ayes: Five. Noes: None. Absent: None. 13:- From City Manager, recommending contract be awarded to O. C. Jones and Sons, low bidder, for the project of Pavement Reconstruction in Island Drive, from Mecartney Road to Fir Avenue, at the total cost of 13,183.80. Councilman Levy moved the recommendation be accepted; that contract be awarded to the designated firm for the specified project at the total price quoted. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 14. From City Manager, recommending contract be awarded to W. W. "Billu Lang, Inc., low bidder, for the project of Tennis Court Improvements at Lincoln Park, at the total cast of 3,131.75. Councilman Levy moved the recommendation be approved; that contract be awarded to the firm indicated for the specific project mentioned at the total price quoted. The motion was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 15. From City Manager, recommending contract be awarded to R. B. McNair Sons, low bidder, for the proj- ect of Constructing a Pump Station and Sanitary Sewer at East Shore Drive and Meyers Avenue, at the total cact of S11,421. r.7 Councilman Levy moved the recommendation be adopted; that contract be awarded to the specified bidder for the designated project at the price quoted. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 16: From City Manager, recommending contract be awarded to McGuire and Hester, low bidder, for the project of Minor Street Patching with Asphalt Concrete during fiscal year 1967-68, at the estimated amount of S4,140. Councilman Levy moved the recommendation be approved; that contract be awarded to the designated firm for the specified project at the price quoted. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17': From City Manager, recommending contract be awarded to MEG Engineers, representing the lowest and best bid, for the project of Installing House Laterals during fiscal year 1967-68, at the estimated amount of 615,811.85. Councilman Levy moved the recommendation be followed; that contract be awarded to said firm for the indicated project at the price quoted. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. v' 18Y From City Manager, recommending contract be awarded to Alameda Times-Star for Legal Advertising during fiscal year 1967-68, at $3.10 per square inch for the first insertion and $2.90 for the second and subsequent insertions. These prices were the same as those quoted for the past two fiscal years. Councilman Levy moved the recommendation be adopted; that contract be awarded to Alameda Times-Star for said advertising at the prices quoted. The motion was seconded by Councilman Bartley and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 19. From City Planning Board, signed by the Secretary, recommending concurrence with the Committee Report and the acceptance and execution of the current draft of the proposed contract with the firm of Daniel, Mann, Johnson & Mendenhall for the General and Specific Plan preparation for the entire City of Alameda. Prior to the firms presentation, the President introduced the members of the Planning Board who were in attendance at this meeting. Messrs. Milton Soma, President; Victor Hanson, Jerry Holst, Eric Essex and Carl Johnson. President McCall then invited Mr. Arthur Mann to address the Council. He stated his firm was based in Los Angeles but it also maintained a large office in the Bay Area. It was proposed that his firm would prepare a guide for the future growth of Alameda so that many of the existing problems which beset the community would be resolved either by ordinance or by the planning work accomplished by this study. He commented that the firm was comprised of many disciplines - architects, engineers, urban designers and planners. Mr. Mann pointed out that his associates had worked for the past two months with the Committee of the City of Alameda in attempting to outline the program which would be pursued in this study. He then called upon Mr. Lawrence Williams, the Chief Economist of the firm, to submit complete details of the project as covered by the proposed contract before the Council. Mr. Charles T. Blair, Manager of the San Francisco Division of the firm, located in Redwood City, and Mr. James Kuebblebeck, Project Manager of this particular program, were introduced. Mr. Williams then presented in detail the procedure for a complete General Plan with specific action programs for the City. Councilman Rose indicated his concern about the expenditure of such a large sum of money and felt the people of Alameda should hear more about this proposal before the contract was executed. He said he believed there should be more information on the subject - and to bring the issue to a head, Councilman Rose moved the matter be tabled and placed on the ballot for the Teoplets vote next year, at which time they would certainly have more information. The motion died for lack of a second. Councilman Rose deplored the apparent wish of the Councilmen not to go on record by giving him a second to his motion which would have brought it to a vote of the Council. Councilman Rose then stated he wanted the record to show that, had he received the courtesy of a second to his motion, to allow it to be voted upon, he would have voted to give the people of Alameda an opportunity to express themselves about the expenditure of their money because, he thought, it might well be astronomical. Councilman Rose then went through the contract draft raising questions pertaining to many of the provi- sions. These were answered by the appropriate members of the firm. Mr. Mann summarized the program his firm intended to provide for the City through this comprehensive study. He assured the Council it would be given "the answers" to its community problems and a working document to make a much better community for the future. It was brought out that the compensation for said project was apportioned approximately as follows: Task I, S51,900.; Task II, S44,200.; Task III, S50,500. - a total of $146,600. Further, it had been pointed out there would be eight Public Hearings - and it was also developed that there would be many work sessions whereby the Staff and the City Council would be kept abreast and aware of what progress was being made. Upon inquiry by Councilman La Croix with regard to long-range plans for public buildings, Mr. Williams replied that a study of this nature involved itself with a five-year capital improvement program. He emphasized that when the firm left, the City Planning Department would be totally familiar with how certain results had been developed and have the ability to upgrade it without having to refer to the - consultants when certain problems arose. To project such a program any further into the future would be merely guesswork. Upon request, City Attorney Cunningham expressed his opinion that the contract as prepared was legal and would be binding upon its execution. He called attention to the proposed addition of subsection "WI to paragraph 7, page 7, of the contract, having to do with garbage which would be termed "Solid Wastes". At this time, Mr. Frank Gottstein wanted to be sure the consultants had heard about the low elevation of Webster Street which resulted in its being flooded so often - and asked if they would give con- sideration to this situation. Mr. Blair answered in the affirmative. Mr. William Stier, 1623 Moreland Drive, spoke at great length in expressing his general opposition to entering into a contract for such a planning study on the grounds primarily that it was premature. He believed that since everything could not be done at once in any event, the City Staff could probably make these studies of various phases of development. Mr. Stier indicated he did not think the people of the community desired such a comprehensive study and he urged the Council to vote against this proposal. Mr. M. J. Marquis, 910 Pacific Avenue, commended the Council and the Planning Board for its foresight and efforts in this respect. He expressed his opinion that such a study was needed. Councilman Bartley then moved that subtitle "g" be added to paragraph 7, page 7, of the contract, covering "Solid Waste Disposal" under the category "Review of Utilities in the Planning Area". Coun- cilman La Croix seconded the motion which carried on the following roll call vote. Ayes: Four. Noes: Councilman Rose, (1). Absent: None. There being no objections, the order of business was revised and the meeting continued under "Resolutions". RESOLUTIONS: 20. The following resolution was introduced by Councilman Bartley, who moved its adoption: laesolution No. 7136 Authorizing Execution of Agreement Between City and Daniel, Mann, Johnson & Mendenhall, for Services in Connection with Preparation of Comprehensive General Plan for City." The motion to adopt said resolution was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Rose, (1). Absent: None. 21. At this point, Councilman La Croix complimented behalf of the citizens. He said Councilman Rose had City Council and he would indeed miss the analytical Council during his tenure of office and when he left Councilman Rose for his continuing interest on always analyzed every document coming before the ability which Councilman Rose had brought to the the City Council it would be a great loss. The meeting then reverted back to "Reports" and continued. y' 22. From City Planning Board, signed by the Secretary, recommending denial of a petition to reclassify certain properties lying generally between Lincoln and Haight Avenues and Fifth and Sixth Streets - from "R-2", Two-Family Residence District, to "R-4", Neighborhood Apartment District. The date of July 18, 1967, was set for a Public Hearing in this matter. 23. From City Manager, requesting authority to negotiate and execute contracts as necessary for Side- walk, Driveway, Curb and Gutter Repairs during fiscal year 1967-1968. This was due to the fact that no bids had been received on the City's call for this project. Councilman La Croix moved the request be granted and authority be given to proceed with this project during said fiscal year. Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 24. From City Manager, recommending contracts be awarded for Janitorial Service for fiscal year 1967- 1968 as follows: To Crosetti Bros., Inc., for City Hall Service, in the amount of $8,566.61; and to Allied Maintenance Service Corp., for Library Service, in the amount of S2,176.92 - each being the lowest bid in the particular category. Councilman Levy moved the recommendation be accepted; that contracts be awarded to the designated firms for the specific buildings indicated at the prices quoted. Councilman Bartley seconded the motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. UNFINISHED BUSINESS: 25. President McCall announced that the date of Wednesday, June 14, 1967, from 4:00 to 5:00 o'clock p.m. had been set for a Public Hearing on the question of the proposed closing of the Alameda County Clinic. He asked that the Alameda Chamber of Commerce, which had been given notice of this proposed action, be represented at said Hearing - and submit a report to the City Council. 26, Councilman La Croix reported that he had represented the City Council at the Memorial Day Services on May 30. He complimented the several Veterans' organizations of the City for the outstanding job they did in preparing the excellent program. Councilman La Croix felt there should be some way of attracting and encouraging more people to attend such ceremonies. Councilman Rose, also, had been present for this occasion. . . , NEVI BUSINESS: 27. Councilman La Croix referred to the Hearing held earlier in the meeting concerning the "Huffaker Appeal" - and the Planning Directorts remarks with regard to the unresolved problem pertaining to covered garages or carports. He suggested this section of the Zoning Ordinance be given further study in an attempt to alleviate this discrepancy. Councilman La Croix deplored the Council's position of having to overrule the decision of the Planning Board in many such cases. In response to the Presidentls inquiry, City Attorney Cunningham replied that he and the Planning Director would certainly consult on this matter and he believed they could devise a satisfactory solution. RESOLUTIONS: 28. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7137 Adopting Specifications for Furnishing to the City of Alameda Class "B" Portland Cement Concrete Transit Mix for Fiscal Year Ending June 30, 1968, 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: Five. Noes: None. Absent: None. 29. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7138 Adopting Specifications, Special Provisions and Plans for Installation of a Sanitary Sewer in Blanding Avenue Between Oak Street and Broadway, 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. 30. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7139 Adopting Specifications, Special Provisions and Plans for Exterior Painting of Metal Eaves of City Hall Building, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 31. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7140 Adopting Specifications, Special Provisions and Plans for Resurfacing Portions of Gibbons Drive, Everett Street and Peach Street, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Bartley and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 32. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7141 Resolution Appointing Special Bond Counsel to Prepare Special Assessment Proceedings and Authorizing Execution of Agreement, Assessment District No. 67-1, City of Alameda, County of Alameda, State of California." (Certain streets in general vicinity of Otis School) The motion to adopt said resolution was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 33. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7142 Authorizing Amendment of Concession Agreement Between City and George E. Floyd." (Parks Concessionaire) 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. 34. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7143 Approving Warrant No. 125 of Board of Trustees of Reclamation District No. 2105." (6382,119.66) The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. 35. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7144 Approving Settlement of West Coast Pipe Cases." 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. 36. The following resolution was introduced by Councilman Bartley, who moved its adoption: "Resolution No. 7145 Approving and Ratifying 1Memorandum of Understanding Among Counsel for Plaintiffs in Western Pipe Cases -- Re Distribution of Settlement Funds Among Plaintiffsl." The motion to adopt said resolution was seconded by Councilman La Croix and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Commendation was expressed for the diligent work of the City Attorney in pursuing this matter to its settlement on behalf of the City. 37. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7146 Resolution Accepting the Sanitary Sewer System and Giving Notice of Completion in Assessment District No. 66-1, City of Alameda, County of Alameda, State of California." (Fifth Street and Central Avenue Sanitary Sewer) 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. The President then declared all of the foregoing resolutions adopted. FLUNG: 38. Specifications No. MS 6-67-8 - Furnishing Class "B" Portland Cement Concrete Transit Mix for fiscal year 1967-1968. 39. Specifications No. PW 6-67-18 - Sanitary Sewer in Blanding Avenue, between Oak Street and Broadway. 40. Specifications No. PW 6-67-19 - Exterior Painting of Metal Eaves of City Hall Building. 41. Specifications No. PW 6-67-20 - Resurfacing Portions of Gibbons Drive, Everett and Peach Streets. 42. Agreement - Between City and Sturgis, Den-Dulk, Douglass & Anderson - Assessment District No. 67-1. 43. Agreement - Between City and Daniel, Mann, Johnson & Mendenhall - Re Preparation of General Plan for City. 44. Amendment to Contract - Between City and George E. Floyd, Parks and Beach Concessionaire. 45. Financial Statement - Bureau of Electricity, as of April 30, 1967 - Verified by Hackleman, Larzelere & McKenna. 46. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $98,507.46, 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 Bartley moved the bills as itemized in the List of Claims filed with the City Clerk on June 6, 1967, and submitted to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 47Y / At this point, President McCall thanked those who had attended the Council meeting and called attention to the Annual Flag Day Observance in the City of Alameda on Wednesday evening, June 14, 1967. He stated most of the Commanding Officers of the Military Services in the area would be represented. The Bands and Color Guards of the different branches of the Service would participate in the parade. President McCall stated he thought the program would be very worthwhile and he urged all to plan to attend this ceremony at the Elks Club. 48. Councilman Levy then expressed his appreciation to the Council for selecting him as one of the Councilmen. He said he felt honored and woilld indeed do his best to serve the City. Councilman Levy then introduced his charming wife, Betty, and remarked that his decision to accept this appointment was determined to a great extent by the acquiescence and encouragement given him by his lovely wife. 49. Mr. James W. Fore, appointee to the City Council, effective July 1, 1967, was next introduced. He stated he was happy to have been selected to serve on the City Council and he,too, introduced his lovely wife, Helen. All were warmly welcomed. ADJOURNMENT: 50. There being no further business to come before the meeting, the Council adjourned — to assemble in regular session on Tuesday evening, June 20, 1967, at 7:30 orclock. Respectfully submitted,