Loading...
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