1970-12-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - DECEMBER 15, 1970
The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of
Allegiance was led by Councilman McCall and was followed by a most inspiring Invocation delivered by
The Reverend Mervin R. Megill, Pastor of Immanuel Baptist Church.
ROLL CALL:
The roll was called and Councilmen Levy, Longaker, McCall and President La Croix, Jr. (4), were
noted present. Absent: Councilman Fore, (1), who was out of the City on vacation.
MINUTES:
1. The minutes of the regular meeting held; December 1, 1970, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. tit From Braddock & Logan, signed by Mr. John F. Hughes, requesting a time extension of one year for
completion of public improvements in connection with the subdivision known as Tract 3106 (Islandia No.
On question, City Engineer Hanna stated he had no objection to allowing the additional time requested.
Councilman McCall moved a time extension of one year be granted the subject company for completion of
public improvements 'in connection with the designated subdivision Councilman Levy seconded the motion
which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: Councilman Fore, (1).
3. From Alameda Board of Realtors, requesting that the Council endeavor to ease the burden of the
taxpayer and recommending that the business license' structure be reviewed.
President La Croix commented that these subjects had been discussed at some length at the last meeting of
the Council.
Councilman Levy moved the communication be acknowledged and referred to the files. Councilman McCall
seconded the motion which on roll call carried unanimously.
4. From Mrs. Ray Weirmack, 2910 San Jose Avenue, in connection
buildings at Park Street and Otis Drive.
pith reuse of the Bureau of Electricity
City Manager Weller, on request, stated the Public Utilities Board had unanimously concluded, after
inspection, that there was no legitimate reuse of the structures on this property and they should be
removed as one of the conditions preceding resale or other use of the land. He said it had been recom-
mended that this be done as quickly as possible; however, there was no timetable for accomplishing the
removal.
Councilman McCall commented on the recommendations of the school committee for rehabilitation of schools
and new schools, and the suggestion for a closer association between the City and School District and
the administrators of each agency. He suggested multiple use facilities be considered in order to have
something which would be adequate to serve the needs of everyone._
Councilman Longaker commented that the Alameda Art Association has used the facilities of one of the City
schools for its meetings for several years. He agreed that granting the privilege of using the subject
property on an interim basis would be a disservice to it but he said he did visualize having a proper
facility in the not too distant future which would be devoted to the activities of the cultural groups
in the City. He said he felt this should definitely be included in plans for a community center.
Mr. Weller was requested to obtain from the Public Utilities Board a letter addressed to the Council as
to its thinking on the reuse of the property under discussion.
5.7 From the Division of Highways, State Department of Public Works, reporting relinquishment to the
City of the frontage road north of Tinker Avenue. This was in connection with proposed future widening
of the Posey Loop.
Councilman Levy moved the relinquishment of said road be accepted. Councilman Longaker seconded the
motion which carried on the following roll call vote. Ayes: Four. Noes: None. - Absent: Councilman
Fore, (1).
COMMUNICATIONS, AGENDA:
6. Mr. William Woodall, 1529 Court Street, Vice President of the Alameda Cultural Council, addressed
the Council and stated a formal letter would be forthcoming from that organization outlining its plans for
the possible use of the Bureau of Electricity property at Park Street and Otis Drive. He suggested that
any decision in the matter be deferred pending receipt of this communication. He recounted a lengthy list
of organizations in the City which would be receptive to future use of the facility.
On a question by Councilman McCall, City Attorney Cunningham stated the real property under discussion was
in the name of City of Alameda, a municipal corporation, and any sale or other disposition of it would be
through action by the City Council, although any suggestions of the Public Utilities Board would, he felt
sure, be respected.
HEARINGS:
7. In the Matter of an Appeal from the decision of the Planning Board to deny a Use Permit to allow 'a
rotating flashing beacon light mounted on the southwest corner of the roof of the Harbormaster office at
Pacific Marina. Filed by Mrs. Annie Fedasz of the Travelodge Motel.
The Clerk stated the Appellant had been informed that this would be the time and place for the Hearing
in the matter. The minutes of the Planning Board meeting at which the application was considered had been
sent to the Councilmen.
Mr. Cunningham explained the action to be taken by the Council was the affirmation, modification or reversal
of the decision of the Planning Board, taken under Section 11- 162(e) of the. Municipal Code.
Mr. Donald Johnson, Planning Director, stated he had had a telephone call late on this date from Mrs. Fedasz
saying that she was ill. He said Mr. Fedasz spoke no English and Mrs. Fedasz had requested, because of ill-
ness and other family commitments, that the matter be carried over until the Council meeting of February 16,
1971. He said the sign was not up so there was no illegal nonconforming use existing and he recommended
that the request be honored.
Councilman Longaker moved the Hearing on this Appeal be continued to the regular meeting of the City Council
on February 16, 1971, as requested._ Councilman McCall seconded the motion which carried on the following
roll call vote. Ayes: Four. Noes: None. Absent: One.
8. V` In the Matter of an Appeal from the decision of the Planning Board to deny a variance to allow the
required off - street parking facilities, ;a garage, to be used for purposes other than parking of automobiles.
The Appeal had been filed by Mr. Vernon Taddei on property known as 3288 Adams Street.
The Clerk stated the Appellant had been informed that this would be the time and place for the Hearing in
the matter. The minutes of the Planning Board meeting at which the application was considered had been
sent to the Councilmen.
A communication had been received from Mrs. Emil C. Mack, 3283 Washington Street, in support of the Appeal.
Mr. Cunningham stated this had been an unusual case. The motion of the Board had first been to deny the
variance, which had failed for lack of a quorum. A member of the Board had then moved to grant the variance,
which had likewise failed, and hence the matter was before the Council on an Appeal.
Mr. Cunningham stated the issue before the Council was whether or not the actions of the Board, taken under
Section 11- 161(b) and (e) of the Municipal Code, should be affirmed, modified or reversed.
Mr. Johnson explained the action of the Board as set forth in his memorandum dated December 10, 1970. He
stated the matter had come to light from an anonymous complaint filed with the Building Department that
Mr. Taddei was converting his garage for other purposes. The Taddeis had contacted City Departments, upon
whose advice they had applied for a variance. Upon staff investigation it had been found that Mr. Taddei
had largely completed the interior finish of the garage to a panelled family room and a small workshop.
It had been noted that the work had been performed without benefit of a Building Permit.
It had been shown that the occupant had two cars which were kept in the driveway in front of the dwelling,
that the building was rather small and did not contain ;sufficient room for the family's activities. Six
people had appeared in support of the application at the two Hearings and there were no protests. On the
finding that the hardship was largely self - created, the Board had taken the action described by the City
Attorney. Mr. Johnson said the staff had recommended that the variance not be granted because of possibly
setting a precedent. It also recognized that this was not a neighborhood problem, that the applicant had
performed a high quality reconstruction of the garage interior. The Appeal therefore was before the
Council without clear recommendation. Mr. Johnson submitted for the Council's examination snapshots of
the improvement and the dwelling itself. ,
On question, Mr. Johnson said the building had not yet been inspected by City Departments for compliance
with the Codes as no Building Permit had been issued, although he would estimate that it would comply, and
the proximity of the entrance to the kitchen would not cause a fire hazard.
President La Croix inquired of Mr. Johnson if he knew of any way of notifying residents as to what is
needed when they plan to build on their property. He said it was realized there was confusion on this
question, which was not the fault of the Board, the staff, the Council or the City administration. Mr:
Johnson said that the only media he knew of for accomplishing this notification was the public press. It
was suggested that mailing with the Bureau of Electricity bills be used to properly disseminate this
information
It was pointed out that there were many instances of conversions of this type in the City.
On the call for proponents, Mr. Vernon Taddei, the Appellant, came forward. He said, as pointed out by Mr.
Johnson, his family needed the room which would be added by the conversion. He said he had not realized
it was necessary to obtain a Building Permit to perform this work.
On question of Councilman Levy, Mr. Taddei said he felt the parking of cars in his driveway would not cause
undue hardship on his neighbors.
Mrs. Lillian Taddei said they needed and wanted the room very much and considerable work and money had gone
into the project. She said they had found by this experience that they had wonderful neighbors who had come
forward in their behalf and she expressed the hope that the Council would grant the variance. She asked
that all in the audience in support of the Appeal stand and a good number of persons rose. ,
The following also spoke "in support of the Appeal: Mr. Don Crestetto, 1219 Fountain Street; Mrs. Helen and
Mr. Max Crestetto, 740 Haight Avenue; Mrs. Matilda Rouskas, 3289 Adams Street; Mr. Frank Gottstein, 731
Haight Avenue.
On the call for opponents, there was no response. The Hearing was declared closed.
President La Croix pointed out there had been many similar instances in the City. However, he said he
would not like anyone to leave the meeting with the idea that the Council would encourage this type of
thing, as everyone should do his best to live within the laws and to adhere to the Codes of the City.
He said he felt a great many residents did not have adequate knowledge with regard to the building codes.
He said he felt the variance should be granted.
Councilman Longaker said he felt there was a time when one must look to the spirit as well as to the
letter of the law and there was a time for compassion and understanding. In view of the fact that the
work had been done, its quality was excellent and in view of the fact that there was ample parking in
the driveway, he said he would move that the Appeal be granted and the decision of the Planning Board be
reversed. Councilman Levy seconded the motion.
Councilman McCall pointed out if the second motion had not been made by the Planning Board this matter
would never have come before the Council. After some further comment, Councilman McCall said he felt
the provision should be-attached to granting of the Appeal that a Building Permit must be obtained to
cover the work.
With the consent of his second, Councilman Longaker stated he would like to add to his original motion
the stipulation that the Appeal be granted on condition that the work meet with approval by the Building
Department and Mr. Taddei obtain a Building Permit, on which there would be a fee.
The question was then put and the motion carried on the following roll call vote. Ayes: Four. Noes:
None. Absent: One.
REPORTS AND RECOMMENDATIONS:
9. V From the Planning Board, signed by the Secretary, recommending approval of Parcel Map No. 654,
subject to terms and conditions of the City Engineer's Report dated November 20, 1970, and granting specific
exception on the width of all three lots and area of Lot 1. The Map was filed by Bates & Bailey for
Schmidt & Gravatt on a proposed resubdivision of three lots at the southeast corner of Fountain Street
and Otis Drive.
There being no objections, the order of business proceeded to "Resolutions".
RESOLUTIONS:
10. v The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7707
Authorizing Execution of Agreement for Construction and Completion
of Improvements in Connection with Parcel Map No. 654 and Approving
Faithful Performance Bond as to Sufficiency (Division of Property
at the Southeast Corner of Otis Drive and Fountain Street -
Schmidt & Gravatt)."
The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the
following vote. Ayes: Four. Noes: None. Absent: One.
11. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7708
Approving Parcel Map No. 654 for Division of Property at the Southeast
Corner of Otis Drive and Fountain Street, Alameda, California, and
Permitting Recording Thereof (Schmidt & Gravatt)."
The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the
following vote. Ayes: Four. Noes: None. Absent: One.
The meeting then returned to the regular order of business.
12.v/ From the City Manager, recommending all bids be rejected on the project of Replacing Chain Link
Backstop at Washington Park, and authority be given under Section 3-15 of the City Charter'to proceed
in the open market.
After explanation by Mr. Weller, Councilman Levy moved the recommendation be adopted, that all bids on
said project be rejected and authority be given under the designated Section of the Charter to proceed
in the open market with the work. Councilman Longaker seconded the motion which carried on the following
roll call vote. Ayes: Four. Noes: None. Absent: One.
13. 1 From the Bureau of Electricity, signed by Mr. L. F. Randall, Commercial Manager, submitting the
Annual Ten-Year Financial and Statistical Forecast.
Councilman McCall moved the report be accepted and the Bureau of Electricity be complimented on the
excellent document, particularly the fact that it covered a ten-year period. Councilman Longaker seconded
the motion which carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One.
14. From the Recreation Commission, signed by the Secretary, requesting that the Council adopt a
resolution approving an application for a grant from the Land and Water Conservation Fund Program for
Woodstock Park development.
After brief comments of approval by the members o
again proceeded to "Resolutions"
RESOLUTIONS:
15. The following
the Council,
there being no objec
esolution was 'introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7709
Approving the Application for Land and Water Conservation Funds. for
Woodstock Park Development Project."
The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the follow-
ing vote. Ayes: Four. Noes: None. Absent: One.
The meeting returned to the regular order of business.
16.v From the Planning Board, signed by the Secretary, recommending approval of the Tentative Map for the
subdivision known as Tract 3271, subject to the terms and conditions of the City Engineer's Report dated
December 2, 1970, and approval by the Bureau of Electricity and the Fire Department. The Map had been
filed by Jones- Tillson & Associates for Dowjo Developers on property known as 2106 Otis Drive
Councilman McCall moved the recommendation be accepted and the Tentative Map on Tract 3271 be approved,
subject to the terms and conditions of the City Engineer's Report dated December 2, 1970, and approval by
the Bureau of Electricity and the Fire Department. The motion was seconded by Councilman Levy and carried
on the following roll call vote. Ayes Four. Noes: None. Absent: One
17. From the City Manager, reporting all work satisfactorily completed on the project of Installing a
Pump at the Arbor Street Pump Plant, recommending it be accepted and the Notice of Completion be ordered
filed..
Councilman Levy moved the recommendation be followed, that all work on the specified project be accepted as
satisfactorily completed and the Notice of Completion be filed. Councilman McCall seconded the motion which
on the following roll call vote. Ayes: Four. Noes: None. Absent: One.
18. vl From the Planning Board, signed by the Secretary, recommending approval of the Tentative Map for the
subdivision known as Tract 3258, subject to the terms and conditions of the City Engineer's Report dated
December 4, 1970, and certain exceptions as rioted The Map was filed by Jones- Tillson & Associates for
Braddock & Logan, on its townhouse development on Bay Farm Island.
Mr. Cunningham stated, on question, that the developer had not met all criteria in connection with the Map.
Mr. John F. Hughes of Braddock & Logan, 14795 Washington Avenue, San Leandro, came forward. He requested
that the matter be continued to the next regular meeting of the City Council on January 5, 1971, because of
the complexities involved. This was satisfactory to the Council and it was so ordered.
UNFINISHED BUSINESS:
19. ' Brought up for attention at this time was the matter of the request of Piombo & Mossino for a refund
of delinquency charges on taxes on the property known as 2112 San Antonio Avenue.
The City Attorney had submitted a memorandum on this matter, stating there was no authority for refunding
the charges.
Councilman Longaker moved the request for refund of the delinquency charges in the amount of $25.32 be
denied. Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Fou
Noes: None. Absent: One.
RESOLUTIONS:
20. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7710
Authorizing Execution of Agreement with Unified School District for
Development and Operation of Wood School - Rittler Park Area."
The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the
ing vote. Ayes: Four. Noes: None. Absent: One
Councilman McCall commented on the report by Dr. Forrest Mitchell and his recommendations. He said he felt
the time had come for the City to get together with the schools to consolidate their efforts for joint use
of facilities.
Councilman Longaker stated he would obtain a report compiled by the School Department showing the usage o
school buildings; in the City by the public.
At this time, Mr. Weller remarked that he had requested Mr. Mainland to be in attendance at this meeting
in view of the matters on the agenda which might require his response. He said this was Mr. Mainland's
wedding anniversary and suggested he would like to leave the meeting at this time He extended his best
wishes, which were echoed by President La Croix, who also commended Mr. Mainland on his fine work in
recreation in the interest of the City.
21. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7711
Adopting Specifications, Special Provisions and Plans for Installation
of a Storm Sewer in Ninth Street from Pacific Avenue to Buena Vista
Avenue, Calling for Bids and Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman Levy and roll call carried by the follow-
ing vote. Ayes: Four. Noes: None. Absent: One.
22. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7712
Authorizing Salary Deductions for Alameda Municipal Credit Union Payments."
The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the follow-
ing vote. Ayes: Four. Noes: None. Absent: One.
23. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7713
Appointing Bruce T. Mitchell to Board of Trustees of Reclamation District
No. 2105."
The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the follow-
ing vote. Ayes: Four. Noes: None. Absent: One.
The President declared the foregoing resolutions adopted.
INTRODUCTION OF ORDINANCES:
24. Upon request, Mr. Hanna explained the purpose of the following ordinance:
"Ordinance No.
New Series
Amending the Alameda Municipal Code by Adding Section 4-333 Thereto,
Prohibiting Diving and Jumping from Both Sides, and Fishing from
East Side, of Cola Ballena Bridge."
Councilman McCall stated he would be agreeable to adoption of this ordinance, provided something was done
about building the fishing pier which had been promised the City in the area involved.
It was pointed out that ther8!vas considerable area where fishing was permitted and the restriction would
apply to only about ninety feet on the east side of the bridge.
Councilman Levy moved the ordinance be introduced, after which it would be laid over under provision of
law and the Charter. The motion was seconded by Councilman Longaker and on roll call carried by the
following vote. Ayes: Three. Noes: None. Abstaining: Councilman McCall, (1). Absent: One.
ORDINANCES FOR PASSAGE:
25.
"Ordinance No. 1639,
New Series
An Ordinance Amending Certain Portions of the Alameda Municipal Code
Relating to Traffic Regulations."
Councilman Longaker moved the ordinance be passed as submitted. The motion was seconded by Councilman
McCall and carried on the following roll call vote. Ayes: Four. Noes: None. Absent: One.
BILLS:
26. An itemized List of Claims against the City of Alameda and th' Departments thereof, in the total
amount of $74,231.97, 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 December 15,
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: FOur, Noes: None. Absent:
One
ORAL COMMUNICATIONS, GENERAL:
27, Mr. Frank Gottstein, 731 Haight Avenue, complained that a variance had been granted on property he
had recently sold to allow a six-foot board fence to be erected at the foot of Ninth Street to replace an
existing chain link fence, and to encroach three feet into the required ten-foot northerly side area for
a distance of 104 feet. He said this would deprive the tenants on his adjacent properties of any view
of the lagoon.
Mr. Gottstein also questioned the appearance of f the Pacific Gas & Electric Company
in connection with the variance application.
Mr. Johnson stated the portion of the application with regard to constructing a fence had not been granted.
Mr. Gottstein was advised the deadline for filing an appeal on this minor variance to the Planning Board
would be Friday, December 18, 1970, under the provisions of the recent amendment to the Zoning Ordinance
establishing the Zoning Administrator procedure.
28. Mr. A. T. Wiemken, 605 Glenwood Isle, stated he was the Pacific Gas & Electric Company representative
to whom Mr. Gottstein had referred. He said he was also Secretary - Treasurer of the Alameda West Lagoon
Homeowners Association and he had appeared in that capacity at the Hearing, in compliance with a request
from the developers. His comment had been that the Association was in favor of the project.
Mr. Gottstein remarked that the encroachment was on high land and had nothing to do with the lagoons.
FILING:
29. Agreement - Between City and Schmidt & Gravatt - in connection with Parcel Map No. 654.
30. Agreement - Between City and Alameda Unified School District - for Recreational Facilities, Wood
School - Rittler Park Area.
a representative o
31. Financial and Operating Report - Bureau of Electricity, as of October 31, 1970 - Verified by George A.
Hackleman.
32. Specifications No. PW 12 -70 -22 - Storm Sewer in Ninth Street from Pacific Avenue to Buena Vista
Avenue.
33. At this time President La Croix, on beha
happiest of Holiday Seasons.
of
the Council, extended to everyone best wishes for
34. Councilman McCall moved the City Council retire to executive session for discussion of personnel
matters. Councilman Longaker seconded the motion which carried unanimously.
After a five - minute recess, the Council reconvened in the Conference Room, No. 303, for its deliberations,
at the conclusion of which it was determined that no action would be taken thereon at this meeting. The
City Attorney was requested to prepare appropriate resolutions for action by the Council at its next
regular meeting, on January 5, 1971.
ADJOURNMENT:
35. There being no further business to come before the meeting, the Council adjourned, to assemble in
regular session on Tuesday, January 5, 1971, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk