1970-09-01 Regular CC MeetingREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING - - - SEPTEMBER 1, 1970
The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of
Allegiance was led by Councilman Longaker and was followed by an inspiring Invocation delivered by The
Reverend Richard Kingsley, Minister of the Home of Truth.
ROLL CALL:
The roll was called and Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr.,
were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held August 18, 1970, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. 1/ From Mr. Richard S. Dombrink, 1021 Holly Street, urging the City Council not to approve a density
increase to 28,500 persons on Bay Farm Island, as proposed.
President La Croix pointed out that a Final Map on the proposed development had not as yet been submitted'
for the Council's consideration. It was directed that the communication be acknowledged and filed.
(5),
3. ` From Miss Nancy Yeend, 2100 California Avenue, Palo Alto, expressing opposition to the Southern Cross-
ing and the proposed development of the Bay Farm Island fill area
This communication was also to be acknowledged and filed.
4. v ,.. From Mr. Vernon W. Dennen, 1918 Everett Street, expressing appreciation for the Mayor's attendance
at a meeting of the Over Sixty Club, and thanking the City Council for its fine work in handling City affairs.
President La Croix stated his visit with the senior citizens at Christ Episcopal Church with more than
ninety present had been most enlightening, with the question and answer period covering all areas of interest.
Appreciation had been expressed for the excellent work of the Council.
It was directed that the letter be acknowledged and filed.
ORAL COMMUNICATIONS, AGENDA:
5. Mrs. Bea Thunder, 1380 East Shore Drive, requested the opportunity to address the Counc
with the first item under "Reports and Recommendations''.
HEARINGS:
6.% In the Matter of a Petition to Rezone certain property known as 2110 Otis Drive from the "A -P', Adminis
trative - Professional District, to the "R -5 ", General Apartment Di strict. The Petition had been filed by
S. J. Dowling & Son, Inc. The Planning Board had recommended the reclassification be modified to the
"R-4-PD", Neighborhood Apartment - Planned Development District.
The Clerk stated there was on file the Affidavit of Publication of the Notice that this would be the time
and place for the Hearing in the matter, and the minutes of the Planning Board meeting at which the petition
was considered had been sent to the Councilmen.
Communications had been received from the following, expressing approval and endorsing the application for
the zone change: Melvin H. Schwartz, M.D., Alan D. Mitchell, M.D., Kenneth and Esther Stanton, owners of
the Driftwood Apartments; and Leonard W.,Charvet, M.D., owner with Donald I. Payne, M.D., and Jack S. Tucke
M.D., of property at 2100 Otis Drive.
Mr. Donald Johnson, Planning Director, on request, stated the lot involved was 105 feet wide, varying in
depth from 197 to 201 feet, and containing approximately 18,650 square feet. He said adjacent to the west
was the medical - professional building, as noted, and on the east a convalescent hospital. He said the
property ,in question was vacant and the applicant had attempted continuously to develop the property, pre -
ferably for professional - medical use He said the staff position was not a strong one inasmuch as the "R -5"
zone was not substantially different from the "A -P" District, and that professional uses are permitted in
the "R -5" District, in which zone eighteen units or an eighteen -unit building could in theory be developed.
The parking requirement of one and one -half spaces per dwelling unit, he said, would undoubtedly be very
difficult to meet.
The Board had found that in the "R -5" zone the density would be on the high side and it was therefore its
recommendation that "R-4" be substituted with the Planned Development overlay. Mr. Johnson said he could
see no difficulty with the Board proposal, his only reluctance being that the "R -5" zone would permit profes-
sional uses which would create somewhat broader uses by the applicant. He called attention to the Board's
transmittal letter dated August 12 and also to his memorandum on the subject dated August 20, 1970, contain-
ing additional background material, the plot plan of the applicant's intentions under "R -5" and Exhibit 2,
the Zoning Map showing the location of the property and the surrounding uses,
City Attorney Cunningham explained the issue before the Council was whether the findings and recommendations
of the Planning Board and its advisory report, based on Section 11 -175 of the Municipal Code, should be
sustained, modified or overruled.
On the call for proponents, Mr. S. J. Dowling, Sr., 644 Waterview Isle, came forward. He said he cou
add anything to Mr. Johnson's explanation except to say his latest plans were to build a twelve -unit
condominium on the subject property, if possible. He said it might be possible to construct only eleven
units but he was hopeful of being able to go to twelve in view of the value of the land. He said the plan
was to provide two off-street parking spaces per unit and he felt the proposal was for a very good develop-
ment.
It was pointed out that after trying for five years to interest someone in constructing a medical-type
building the Dowlings had attempted to secure interest in construction of an office building, which had
also been unsuccessful. Mr. Dowling commented that in his Company's office building on Santa Clara Avenue
there were still 1500 feet available for rent, and it seemed evident that there was not much need for
office space in the City.
President La Croix remarked that he was concerned with protecting the existing professional buildings
located adjacent to the property in question, and called attention to the communications received from the
owners of these properties in favor of the proposal. On question, Mr. Dowling stated he had received no
indication of the position of the rest home on the proposal, but he and his son had attempted to secure
its interest in purchasing the land, without success. He expressed the opinion that the proposed develop-
ment would cause no disadvantage to the rest home property, because of the proposed placement of the
buildings on the lot. In reply to a question, Mr. Dowling stated the building would not be more than two
stories in height.
On the call for opponents, Mr. Lynn Lee came forward to represent South Shore Center, Inc. He registered
the objection of the Company to what it considered "spot" zoning and the first entry of a residential dwell-
ing into the professional district adjoining the shopping center, with the statement that the tenants would
feel out of place and problems would be created for the rest home and other structures in the vicinity.
Councilman McCall pointed out to Mr. Lee that the proposal would result in a situation almost identical to
that of the Filinick development on Westline Drive. He emphasized that there were many vacancies in the
medical-professional buildings located in the City and expressed the opinion that the property owner should
be permitted to develop his parcel as he wished, so long as the City's requirements were met and that the
proposed development would turn out much better than a speculative project.
The Hearing was declared closed and President La Croix asked the pleasure of the Council. Councilman
Longaker moved the recommendation of the Planning Board be accepted. The motion was seconded by Councilman
Fore and carried on the following roll call vote. Ayes: Five. Noes: None. Absent None.
There being no objections, the order of business proceeded to "Introduction of Ordinances".
INTRODUCTION OF ORDINANCES:
7. V Councilman Longaker 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 Reclassifying and Rezoning Certain Property Within the
City of Alameda by Amending Zoning Ordinance No 1277, New Series."
(A-P, Administrative-Professional District, to R-4-PD, Neighborhood
Apartment-Planned Development District - S. J. Dowling & Son, Inc.)
The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five.
Noes: None. Absent: None.
The meeting returned to the regular order of business.
REPORTS AND RECOMMENDATIONS:
8. From the City Attorney, submitting for consideration the draft of a Lease of Real Property covering
private encroachments on City-owned tide, submerged and high lands along the City's east shore.
President La Croix recalled the previous action of the Council on this matter, at the request of the
Planning Board, in asking that a report be prepared by the staff on proposed leases for the east shore
lands in question. He said the subject had been one of concern to many people for many years and he felt
it was time the Council took proper action to rectify the situation existing on the lands involved. He
said he hoped the report would be accepted so that it might be possible to move on in the procedure to
complete the leases.
Mrs. Thunder, who had requested the opportunity to speak in this connection, addressed the Council. Speak-
ing as a property owner and as the Secretary-Treasurer of the East Shore Homeowners Association, she said
she had been unaware of the subject coming up prior to reading of it in the newspaper and felt sure other
homeowners along East Shore Drive were in the same position. She expressed the opinion that a Hearing
should be held so that the homeowners would know what was proposed and why some property owners were
included and others were not.
It was explained that what was before the City Council at this meeting was merely the proposed lease and
suggestions for proceeding. In the event the proposed manner of handling the matter was acceptable to the
Council, it had been suggested that the staff be directed to communicate in writing with the affected
owners, informing them fully of what was proposed, and inviting their comments. President La Croix stated
he felt the property owners would feel more at ease in using the lands in question if the leases were
executed.
After further discussion for clarification, Councilman McCall moved the City Attorney's report be accepted
and the staff take steps to contact the property owners in question, informing them of the intent of the
Council in this matter so that they would have the opportunity to comment as to their status with regard
to the lands in question. Councilman Levy seconded the motion which carried on the following rol
vote. Ayes: Four. Noes: None. Abstaining: Councilman Fore, (1). Absent: None.
President La Croix stated he felt sure that after letters had gone out to the property owners, as suggested
by Councilman McCall, representatives of the City would be happy to appear before the Homeowners Association
and explain the issue, should this be desired.
9. From the Acting City Manager, recommending the contract be awarded to Gallagher & Burk, Inc., low
bidder, for the project of Resurfacing of Santa Clara Avenue from Fifth Street to Webster Street, at a price
of $6,380.
Councilman Levy moved the recommendation be accepted, and the contract be awarded to the designated firm for
the project specified at the price quoted. The motion was seconded by Councilman Fore and carried on the,
following roll call vote. Ayes: Five. Noes: None. Absent: None.
10.V From the Acting City Manager, recommending the contract be awarded to Gallagher & Burk, Inc., low
bidder, for the project of Realignment of the Northeast Corner of Webster Street and Buena Vista Avenue, a
a price of $5,004.90.
Councilman Longaker moved the recommendation be approved, that the contract be awarded to the specified
company for the designated project at the price quoted. The motion was seconded by Councilman Levy and
carried on the following roll call vote. Ayes: Four. Noes: None. Abstaining: Councilman Fore, (1).
Absent: None.
11. .'` From the Acting City Manager, recommending the sum of $5,200 be approved for inclusion in he Streets
for the purpose and the contract be awarded to Sibbald Construction, Inc., low bidder, for the project
of Installing a Subdrain in Yorkshire Place, at a price of $5,190.75.
Councilman Longaker moved the recommendation be adopted and said contract be awarded to the designated firm
for the specified project at the price quoted. Councilman Levy seconded the motion which carried on the
following roll call vote. Ayes: Five.- Noes: None. Absent: None.
12. From the Acting City Manager, reporting all work satisfactorily completed on the project of Pavemen
Repair and Resurfacing of Otis Drive from Grand Street to Park Street and Clinton Avenue from Willow Street to Park Street, recommending it be accepted and the Notice of Completion be ordered filed.
Councilman Levy moved the recommendation be followed, that all work on the designated project be accepted
and the Notice of Completion be filed. The motion was seconded by Councilman McCall and carried on the
following roll call vote. Ayes: Five. Noes: None. Absent: None.
13. From the Planning Board, signed by the Secretary, recommending approval of Parcel Map No. 624, subject
to the terms and conditions of the City Engineer's Report dated August 20, 1970. The Map was filed by Jones
Tillson & Associates for Shorepoint Associates on property at Westline and Shore Line Drives.
On request, City Engineer Hanna explained the action would be an improvement, that previously there had been
eleven essentially identical lots, about one and one -half acres each, with 59 units proposed for each. How
ever, in developing the plans it had been found that there could be a better relationship between two adjacen
lots. The developer wanted to build one building over the property line and the City Engineer's office felt
this was not in the best interests of the City so the developer had been prevailed upon to eliminate the
intermediate line, thereby creating one large lot for the same total number of units but with a much more
interesting configuration and relationship.
Councilman McCall moved the report be accepted and Parcel Map No. 624 be approved, subject to the terms and
conditions of the City Engineer's Report dated August 20, 1970. The motion was seconded by Councilman Levy
and on roll call vote carried unanimously.
There being no objections, the order of business proceeded to the subject of "Resolutions ".
RESOLUTIONS:
14.4 Upon advice of the City Attorney that action should first be taken to vacate certain easements in
connection with this Parcel Map', Councilman McCall introduced the following resolution and moved its adoption:
"Resolution No. 7668
Ordering Vacation of Two Unused Public Service Easements (Sanitary
Sewer and Storm Drainage within Tract 3069).
The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by
ing vote. Ayes: Five. Noes: None. Absent: None.
he follow-
15.'4' The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7669
Approving Parcel Map 624 for Modification of Lot Lines on Shorepoint
Court, and Permitting Recording Thereof (Jack Filinich - Subdivider).
The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by
ing vote. Ayes: Five. Noes: None. Absent: None.
he follow-
NEW BU INESS:
16. Councilman Longaker remarked that recently a small dog had been hit on Fernside Boulevard and inquired
what department should be contacted in such a situation. Mr. Hanna stated the Pound should be called during
the day and at night the Police Department, who would either respond or call out the Poundman for extra
service.
17.7 President La Croix recalled that the City had felt unable to host the 1970 Veterans Day observance
and that every city in the County which had been approached had requested it not be held in the particular
community. He stated he had discussed the situation with a number of people, including military people,
and proposed to submit to the Mayors Conference at its meeting the following evening a suggestion that if
at all possible the veterans entertain the thought of holding the parade in the Alameda County Coliseum.
He said he had spoken of it to Mr. John Engberg of the Veterans Day Commission of Alameda County, who had
considered it a fairly substantial suggestion which might be the answer to many of the Commission's problems.
He said he wanted the other members of the Council to be aware of his intention in this matter before it
was done, although he had no way of knowing whether the proposal would be accepted.
RESOLUTIONS:
18. / The following resolution was introduced by Councilman Longaker, who moved its adoption:
"Resolution No. 7670
Adopting Specifications, Special Provisions and Plans for Walkway
Construction along County Road and Maitland Drive between Mecartney
Road and Doolittle Drive, 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.
The President declared the foregoing resolutions adopted.
ORDINANCES FOR PASSAGE:
19. v "Ordinance No. 1630,
New Series
Authorizing Sale of Certain City-Owned Real Property to Bank of America,
N.T. & S.A. (2414 Webb Avenue - Approximately 6,000 Square Feet)."
Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman Levy
and carried on the following roll all vote. Ayes: Five. Noes: None. Absent: None.
BILLS:
20. v An itemized List of Claims against the City of Alameda and the Departments thereof, in the total
amount of $171,758.86, 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 Levy moved the bills as itemized in the List of Claims filed with the City Clerk on September 1,
1970, 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: Five. Noes: None. Absent: None.
ORAL COMMUNICATIONS, GENERAL:
21Y Mr. Frank Gottstein, 731 Haight Avenue, stated the sprinkler system at the College of Alameda still
sprayed passing automobiles. He was informed that the College was trying to regulate the system but was
experiencing a problem of the wind blowing from west to east.
Mr. Gottstein also protested that there was no sidewalk on the site along Webster Street. Mr. Hanna, on
question, stated the final decision had been that there should be no sidewalk at the particular location
and approval had been received from the State Division of Highways. It had been so requested by the College
and the Traffic Advisory Committee had found no reason for wanting a sidewalk and good reasons for not
having one. The College had stood the expense of removing the old walk.
Mr. Gottstein also complained that the traffic on Webster Street to Oakland late this afternoon had been
backed up to Buena Vista Avenue. He reiterated his opinion that a new bridge should be constructed
between Park and Webster Streets, rather than at Fruitvale Avenue. President La Croix stated he would
mention the suggestion to the U. S. Corps of Engineers.
FILING:
22. Specifications No. PW 9-70-20 - Walkway Construction along County Road and Maitland Drive between
Mecartney Road and Doolittle Drive.
23.1' Financial and Operating Report and Annual Report for Fiscal Year Ending June 30, 1970 - Bureau of
Electricity - Verified by George A. Hackleman.
ADJOURNMENT:
24. There being no further business to come before the meeting, the Council adjourned, to assemble in
regular session on Tuesday evening, September 15, 1970, at 7:30 o'clock.
Respectfully submitted,
City Clerk