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1961-12-05 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, DECEMBER 5, 1961 The meeting convened at 700 o'clock p.m. with President Collischonn presiding. The Pledge of Allegiance was led by Councilman Schacht and was followed by an inspiring Invocation delivered by The Reverend Mr. Mervyn Megill, Pastor of Immanuel Baptist Church. ROLL CALL: The roll was called and Councilmen Dungan, Godfrey, McCall, Schacht and President Collischonn, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held November 21, 1961, and the special meeting held Novem- ber 28, 1961, were approved as transcribed. WRITTEN COMMUNICATIONS: 2. A petition, signed by twenty-eight property owners on Garden Road, requesting the Council to initiate proceedings to form an Assessment District relating to this area for the installation of sidewalks, curbs, gutters and other street improvements. The matter was referred to the City Engineer for a check of the property frontage represented and a report to the Council advising it of the procedure in setting up such an Assessment District. It was also suggested the City Engineer advise these petitioners of the procedure which was followed by the property owners when improving Washington Street and which effected a savings of money. 3. From S. J. Dowling and Son, Inc., signed by Mr. Sid Dowling, Jr., Secretary, requesting the refund of $72. paid for Building Permit No. 361 for certain construction on the property at 2815 Waterton Street, which has been held up due to title litigation. 4:7 From S. J. Dowling and Son, Inc., signed by Mr. Sid Dowling, Jr., Secretary, requesting the refund of $76. paid for Building Permit No. 2124 for certain construction on the property at 617 Waterview Isle. The original plans have been replaced by new plans for which another Building Per- mit fee has been paid. Councilman McCall moved the fees of $72. and $76. paid for Building Pertits Nos. 361 and 2124, respectively, be refunded to S. J. Dowling and Son, Inc., as requested. The motion was seconded by Councilman Dungan and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 5. From Alameda Chamber of Commerce, signed by Mr. Lee H. Cavanaugh, Sr., President, submitting the recommendations of its Housing and Property Development Committee to initiate an Anti-Litter Program and Campaign. The matter was referred to the City Manager for study and a report on further information. ORAL COMMUNICATIONS: 6. V Mr. Albert Gonzales, 11 Garden Road, one of the signers of the petition for improvement of said street, stressed the fact that the majority of the residents desire the paving of the street and the installation of curbs and sidewalks but do not wish to become involved with the expense of any additional items. 7. Mr. Frank Gottstein, 731 Haight Avenue, spoke in praise of the "compact"-car performance and felt this type of vehicle would serve the City well. He also referred to the many times that street light standards are knocked over and referred to his suggestion of some time ago that pipe posts should be installed on the street side of these standards to protect them. Mr. Gottstein mentioned one in particular on the west side of Webster Street which has been hit several times and he felt this was due to the lack of an adequate curb height along this area. The City Engineer explained the situation and was then directed to investigate further and report to the Council. 81 . Mr. G. N. Pope, 1820 Bay Street, referred to the proposed Rapid Transit District and inquired why the City of Alameda would pay a higher tax rate for this service than other areas. Mr. Weller explained that the "tax rate" would be the same throughout the District but the result in "tax dollars" would vary according to the tax assessment value of different localities. HEARINGS: V 9. The matter was called up concerning the proposed closing of Powell Street, from Oak Street to Park Street - in accordance with Resolution of Intention to Vacate, No. 6288. The Clerk stated the Resolution of Intention had been published as required by law, setting this time and place for said Hearing. Also, in accordance with its provisions, notices had been posted in the area involved and the Affidavit of Publication and the Affidavit of Posting were on file. The City Attorney stated this matter merely concerned the issue before the Council as to whether or not this portion of Powell Street, proposed to be vacated, is necessary for present and prospective public street purposes. 41 Upon inquiry, there were neither proponents for nor opponents to the question. The President there- upon declared the Hearing closed and the matter was referred to "Resolutions ". 10 The matter was then called up with regard to the requested reclassification of certain prop- erty along the east side of Willow Street, between Otis Drive and Franciscan Way, as more specifi- cally described in the petition filed by Anthony Enterprises, Inc. - from the "A -P ", Administrative - Professional District to the "R -5 ", General Apartment District. The Clerk had on file the Affidavit of Publication of the Notice of Hearing and copies of the minutes of the meeting of the Planning Board at which this matter was considered had been sent to the Councilmen for their information. The Board had recommended denial of said petition to reclass- ify the property in question. Upon request, Mr. Schoenfeld, Planning Director, reviewed the history of this area and explained the situation. The City Attorney pointed out the criteria on which the Council should base its decision in the matter. In response to the call for proponents, Mr. Stanley D. Whitney, Attorney, appeared as the representa- tive of the petitioner, Anthony Enterprises, Inc., and submitted his arguments in favor of the requested rezoning, and urged the Council to take action accordingly. The principal point emphasized by the proponents was that all efforts during the past three and one - half years to have the property in question developed with an office building have met with no success - whereas, they now have a developer who will construct an apartment house, if the parcel is rezoned, and this will add tax revenue to the City. Upon the call for opponents, the Clerk read a letter dated December 5, 1961, from the South Shore Isle Homeowners Association, signed by Mr. B. J. Dennis, President, submitting its plea that the requested rezoning be unequivocably denied. This communication had been filed with the Clerk after the Council meeting had convened. The following persons also spoke in opposition to the question: Mrs. Helen L. Freeman, 831 Laurel Street; Messrs. Joseph Garrett, 416 Yorkshire Road; Ralph Ellison, 417 Camden Road; B. J. Dennis, 2028 Sandcreek Way; G. N. Pope, 1820 Bay Street. The opponents felt this parcel-should be reserved for some business or profession in the event of possible expansion of the existing Shopping Center. Also, they believed there were already sufficient apartment houses in the area and more effort should be made to develop single - family districts. In rebuttal, Mr. Whitney again spoke on behalf of the petitioner. Also, Mr. Charles T. Travers, Vice President of the South Shore Land Co., and Mr. Robert Ide, 2031 Shore Line Drive, spoke in favor of said request. Mr. W. J. Lipsius, 2036 Sandcreek Way, expressed his opposition to this reclassification. Considerable discussion ensued on the subject, following which the President declared the Hearing closed, and asked the pleasure of the Council. Councilman Godfrey then moved the recommendation of of the Planning Board be approved. The motion died for lack of a second. After some further remarks and clarification, Councilman McCall thereupon moved the recommendation of the Planning Board be overruled and said property be reclassified from the "A -P" District to the "R -5" General Apartment District. The motion was seconded by Councilman Dungan and carried on the following roll call vote. Ayes: Four. Noes: Councilman Godfrey, (1). Absent: None. The matter was then referred to "Introduction of Ordinances ". REPORTS OF OFFICERS, BOARDS, ETCETERA: 11. From City Manager, recommending contract be awarded to Mr. George L. Avery, second low bidder, for furnishing one Traffic Line Marker at the total cost of $1,994.49, on the basis of certain safety and construction features incorporated in this equipment which are not in the equipment manufactured by Wald Industries, Inc., the low bidder. Mr. Weller explained more fully the reasons for his recommendation as outlined in a report from the City Engineer. He stated the difference in cost between the low and the second -low bids was $215. Councilman Schacht questioned the advisability of awarding a contract to anyone other than the actual low bidder when the specifications have been met by all of the bidders. He thereupon moved the con- tract be awarded to Wald Industries, Inc., low bidder, for furnishing said "Marker" at the price of $1,785.62. The motion died for lack of a second. Councilman Godfrey then moved the recommendation of the City Manager be approved and contract be awarded to Mr. George L. Avery for furnishing the specified equipment at the price quoted, based upon the evidence produced that said bid was the lowest and best bid presented. The motion was seconded by Councilman McCall and on roll call carried by the following vote. Ayes: Four. Noes: Councilman Schacht, (1). Absent: None. 12 From City Manager, recommending contract be awarded to Mr. V. N. Vukasin, low bidder, for the project of Pacific Avenue Storm Sewer, between Concordia and Webster Streets, at the total cost of $8,492.70. Councilman Schacht moved the recommendation be adopted and contract be awarded to said individual for the designated project at the price quoted. The motion was seconded by Councilman Dungan and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 419 13. From Alameda Recreation Commission, signed by Mr. LaCroix, Chairman, recommending the acceptance and approval of the Final Plans and Specifications for Encinal High School Swim Center, as submitted by the Designer - and that, upon approval of said documents by the State of California, Division of Architecture, the Council issue a call for bids on the project. Mr. Terry LaCroix addressed the Council, stating the representatives of the Recreation Commission would be happy to answer any questions the Council might have concerning said Final Plans. He called upon Mr. Grant Mainland, Director of Recreation, who proceeded to explain that these Plans and Speci- fications were, in essence, the same as those approved by the Council in a preliminary form. He pointed out three changes which had been made but which do not constitute any basic change in the location of the structures or the basic structures themselves, as follows: Installation of bleachers, an addition of one hundred sixty square feet to the check room facilities and the addition of scum gutters to the competitive recreational pool and to the training pool. In response to questions, Mr. Mainland explained many details of the Final Plans. Following a thorough discussion of the matter, Councilman Godfrey moved the Final Plans and Specifications for the Encinal High School Swimming Pools and related facilities, as submitted by the Designer and Architect, be approved by the Council and that, upon approval of said Final Plans and Specifications by the State of California, Division of Architecture, and the Alameda Unified School District, the City Manager be authorized to call for bids on the project provided, however, that the award of con- tract on such bids shall not be made until after the effective date of the ordinance on the agenda to be introduced at this meeting, which will authorize the execution of an Agreement and Lease relat- ing to this project, by and between City of Alameda and the Alameda Unified School District, and provided, further, that no substantial changes in said Final Plans and Specifications are made by the State of California, Division of Architecture or the Alameda Unified School District. The motion was seconded by Councilman McCall and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. Mr. LaCroix, on behalf of the Recreation Commission, commended the Staff of the Recreation Depart- ment for the diligent studies it had made-of this project and the excellent work and cooperation it had given. Councilman Godfrey also complimented the Recreation Commission for its time and effort toward achiev- ing this facility. 14. From the Mayor, City Manager and City Auditor, reporting on the Count of Money held November 15, 1961 - and showing the sum of $4,364,340.37 in the City Treasury at that time. The report was noted and ordered filed. 15. From City Manager, reporting all work satisfactorily completed on the project of Resurfacing Portion of the Golf Course Parking Lot - recommending it be accepted and the Notice of Completion be ordered filed. Councilman McCall moved the work on the specified project be accepted and said Notice of Completion he filed. The motion was seconded by Councilman Schacht and unanimously carried. 16. From City Manager, reporting all work satisfactorily completed on the project of Repairing Certain Gutters - recommending it be accepted and the Notice of Completion be ordered filed. Councilman Godfrey moved the work on the designated project be accepted and said Notice of Comple- tion be filed. The motion was seconded by Councilman Schacht and unanimously,carried. 17. From the Mayor, nominating Mr. Richard S. Diament as a member of the Pension Board for the term commencing January 1, 1962, and expiring December 31, 1964. The matter was referred to "Resolutions". %.( 18. From the Mayor, nominating Mr. Leroy M. Vay as a member of the Civil Service Board to serve the unexpired term of Mr. Thomas Ferro, resigned - said term to expire June 30, 1962. The matter was referred to "Resolutions". INTRODUCTION OF ORDINANCES: 19. Councilman Dungan introduced the following ordinance: "Ordinance No. New Series An Ordinance Authorizing the Execution of an Agreement and Lease by and Between the City of Alameda, as Lessee, and the Alameda Unified School District, as Lessor, Said Lease Relating to the Premises for Swimming Pools and Related Facilities at Encinal High School, and Said Agreement Relating.to the Sharing of Costs of Construction and.Other Necessary Costs, and the Operation and Use of Said Swimming Pools and Related Facilities." Councilman Godfrey referred to Paragraph 3(a) of said Agreement and Lease incorporated in the Ordi- nance wherein the percentage of the total cost of construction to be borne by each Agency is "City of Alameda, 58% and School District, 42%". He suggested this provision be amended to establish a 50-50 percentage of the cost for each Agency for the entire project. Councilman Schacht concurred. Mr. Weller stated he felt it would be impossible for anyone to determine absolutely just exactly what the percentage of cost share should be. He explained that he and the Superintendent of Schools had 4 0 attempted to honestly evaluate what the respective value of each part of the facilities was to each Agency. Mr. Weller pointed out all of the details and phases of the project which were taken into consideration in arriving at the percentage of cost share set forth. After much discussion about the procedure to follow to obtain the thinking of the Council in order to establish the basis upon which the City Manager could negotiate with the Superintendent of Schools on this question, Councilman Dungan withdrew his introduction of the ordinance as submitted. Further discussion was had and it was subsequently agreed that Paragraph 3(a) of the Agreement and Lease would be amended to read, "Total cost of construction according to approved plans and speci- fications, City of Alameda 50%, School District 50%". Councilman Dungan thereupon introduced the ordinance, as amended, after which it was laid over under provision of law and the Charter. 20. Councilman McCall introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (East side Willow Street, between Otis Drive and Franciscan Way). RESOLUTIONS: 21. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6296 Resolution of the Council of the City for Furnishing to the City of Alameda 6-Passenger Station Wagon, 6-Cylinder for Fire Department, Calling for Bids Advertise Same." of Alameda Adopting Specifications One (1) New 1962 Model, 4-Door, Chevrolet, Ford or Plymouth Class, and Directing City Clerk to The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6297 Resolution of the Council of the City of Alameda Adopting Specifications for Operating Refreshment Concession in Washington Park, Lincoln Park, Krusi Park, McKinley Park, Godfrey Park, and on South Shore Beach, for the Period Commencing January 1, 1962 and Ending December 31, 1963, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6298 Resolution of the Council of the City of Alameda Adopting Specifications, Special Provisions and Plans for Construction of Arch Culverts at Mound Street and Jackson Street and at Fifth Street and Haight Avenue, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 24. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6299 Resolution of the Council of the City of Alameda Ordering the Vacation of a Portion of Powell Street, in the City of Alameda (Between Oak Street and Park Street)." The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 25. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6300 Resolution of the Council of the City of Alameda Appointing Member of the Pension Board." (Richard S. Diament) 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. 4 26. The following resolution was introduced by Councilman Dungan, who moved its adoption: "Resolution No. 6301 Resolution of the Council of the City of Alameda Appointing Member of the Civil Service Board." (Leroy M. Vay) The motion to adopt said resolution was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President thereupon declared all of the foregoing resolutions duly adopted. ORDINANCES FOR PASSAGE: 27. "Ordinance No. New Series An Ordinance Amending Title XVII, Chapter 2, of the Alameda Municipal Code by Adding Thereto a New Article Known as Article 10 (Bicycles) and a New Section Known as Section 17-2101 (Prohibited Bicycle Traffic -- Tilden Way)." Councilman Schacht moved the ordinance be withdrawn. Councilman Godfrey seconded the motion which carried by the following roll call vote. Ayes: Five. Noes: None. Absent: None. FILING: 28. Specifications and Provisions No. MS 12-61-19 - Station Wagon for Fire Department. 29. Specifications and Provisions No. MS 12-61-20 - Operation of Refreshment Concession in Certain Parks and on the South Shore Beach. 30. Specifications, Special Provisions and Plans No. PW 12-61-20 - Project of Constructing Arch Culverts at Certain Locations. 31. Agreement and Lease, as Amended - Between City of Alameda and Alameda Unified School District. BILLS: 32. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of $56,695.59, 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 Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on December 5, 1961, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Godfrey and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 33. There being no further business to come before the meeting, the Council adjourned to an adjourned regular session to be held Tuesday afternoon, December 12, 1961, at 4:00 o'clock, in the Council Chamber, Room 303. Respectfully submits d,