1971-07-20 Regular CC Minutes74
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY JULY 20, 1971
The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of
Allegiance was led by Councilman Fore and was followed by an inspiring Invocation delivered by The
Reverend Darrell McCorkell, Pastor of the First United Methodist Church.
ROLL CALL:
The roll was called and Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5),
were noted present. Absent: None.
MINUTES:
1. The minutes of the regular meeting held July 6, and of the adjourned regular meetings held
July 13 and July 15, 1971, were approved as transcribed.
2. President La Croix, at this time, recognized and welcomed a large number of students from the
Civics class of Alameda High School summer session conducted by Mr. Edwin Winberg. He said several
Department Heads, Mr. Abe Kofman of the Alameda Times Star and he had spoken to the class the previous
morning and had had an enjoyable experience.
WRITTEN COMMUNICATIONS:
3. From Braddock & Logan, signed by Mr. John F. Hughes, requesting an additional extension of time
of six months for completion of public improvements in connection with the subdivision known as Tract
No. 3106 (Islandia No. 1).
City Engineer Hanna, on request, stated the time extension would cause no disadvantage to the City.
Councilman McCall moved the requested time extension of six months for completion of public improvements
in said Tract be granted. Councilman Fore seconded the motion which carried on the following roll call
vote. Ayes: Five. Noes: None. Absent: None.
4. From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary,
requesting approval of Warrant No. 176 in the amount of $50,000 to replenish the revolving fund.
The matter was referred to "Resolutions ".
HEARINGS:
5. °' Continued from the meeting of June 15, 1971, was the matter of the petition filed by Bay View
Development Co. to rezone from the "R -1 ", One - Family Residence, and the "R -2 PD ", Two - Family Residence,
Planned Development Districts, to the "C -1 PD ", Neighborhood Business, Planned Development District,
a certain parcel of approximately six acres at the northwesterly corner of County and Mecartney Roads.
On file in this connection were communications to Utah Construction & Mining Co., dated June 16 and
signed by President La Croix, requesting that a meeting be arranged with Bay View, as directed by the
Council at its meeting held June 15; from Utah Construction & Mining Co., dated June 22 and July 13;
and from Bay View Development Co., under date of July 13, 1971, all on this subject.
Councilman Longaker pointed out the new map displayed differed from the one originally presented in
this connection, in that Island Drive was not shown extended. Mr. Donald Johnson, Planning Director,
explained the portion proposed to be rezoned from the "R -2 PD" District was that shown on the map, and
Island Drive produced was on the right hand or easterly boundary of the exhibit.
On request, Mr. Johnson reiterated that Utah Construction & Mining Co. had not yet filed a map on its
proposed Bay Farm Island development and the traffic pattern which might develop was not known at this
time; the Utah property abutting the parcel in question was zoned "R -1" with two combining districts.
He said he felt, with the location of the street patterns as presently existing and the density of
the area, its land to the north of the subject property would be proposed for a shopping center, that
the Utah preliminary plan showed a ten and one -half -acre parcel in the area, surrounded on at least
two sides by major streets, and it seemed logical that it would be the proper location for Utah's
commercial zoning. The plan, he said, showed a six -acre commercial development approximately 300 yards
north of the subject property. He said he could not say whether Utah could practically tie in to the
Bay View proposed center for the interest of both companies, that it would depend on the design of
both centers. He said it was difficult to predict when Utah might file its map, although he would
estimate it would be within the year.
Mr. Johnson distributed exhibit maps for viewing by the Council. He stated the Planning Board had
received communications following its Hearing on the matter in support of the rezoning from Mr. and
Mrs. William Kapp, F. Janette Barnette, Dorothy C. Wagstaff and Carlton E. Fuller. These were filed
with the Clerk.
Mr. Eugene A. Falaschi of Bay View Development Co. was requested to approach the microphone and, in
reply to a question, repeated the statement that if the zoning were changed and the development allowed,
the Company would build the extension of Island Drive north from Mecartney Road to the specifications
of the City Engineer. Mr. Falaschi said they would also improve Mecartney Road.
Mr. Peter Rochios, 931 Hillcroft Circle, Oakland, Attorney for Bay View Development Co., addressed the
Council. He said the distance people had to travel from Bay Farm Island for service station facilities
was considerable and that a recent Chamber of Commerce study indicated there was considerable shopping
by Bay Farm Island residents on 98th Avenue and Hegenberger Road in Oakland, pointing out the need for
shopping facilities on the "Island" was obvious. He said the Bay View plans contemplated approximately
a million to one million five hundred thousand dollar development, the need for the shopping center
would be satisfied immediately, and the benefit to the City in tax revenue would be immediate. He
expressed the opinion that the proposed shopping center would also have a beneficial effect in diminish-
ing the Maitland Drive traffic.
Speaking of the correspondence between Utah and Bay View in this matter, Mr. Rochios said he felt there
had been a misunderstanding on the part of principals on both sides and there were problems which had
not been resolved by either party. He said the commercial area tentatively designated to be just north
of the subject property was only one of four proposed locations and that his clients felt there was no
necessity to limit this type of development on the Island. He commented that his clients felt a sixteen -
acre shopping center would be far too large for the needs of Bay Farm Island until the remainder of the
Utah property was more nearly completed. He said they had no objection to Utah having commercial zoning
but it might be possible for them to have such an area in a different location and eliminate the mass of
centralized commercial business.
Mr. Rochios said his clients felt the subject property was not suitable for residential development
because of its shape, but it was a good piece on which to build commercial units. He said the developers
had contacted the residents who had protested at the Board Hearing and had adjusted their plans to satisfy
the objections. He pointed out the reputation of Mr. Falaschi and of Bay View Development Co. as developers
was extremely good. He suggested that there would be access and planning problems which would delay the
development of the remainder of the undeveloped portion of Bay Farm Island for a considerable period of
time and waiting for these factors to be resolved would mean the Bay Farm Island citizens would be deprived
of needed commercial facilities.
Mr. Alf Brandin, Senior Vice President of Utah Construction & Mining Co., then addressed the Council.
He said several meetings had taken place between Mr. Falaschi and himself and recalled points raised in
the meetings with regard to purchase of the property by either of the principals from the other and
pertaining to the zoning or rezoning of the parcels. Mr. Brandin said Utah had no objection to rezoning
of the subject property as requested but that he personally would prefer to see it all zoned residential
or all for commercial use. It had not been possible for the two parties to get together on a recommenda-
tion for the Council.
President La Croix said in view of the fact that the City had not seen Utah's plans and did not know what
it had in mind for the particular area under discussion nor when it would receive the plan, and knowing
the predicament in which the people of Bay Farm Island found themselves, he felt the proposal was a just
one and he requested that the Council give the application serious consideration.
At the request of Councilman Levy, Mr. Johnson reviewed the reasons for the Board's recommendation that
the rezoning petition be denied, that this was not the proper time to consider a piecemeal zoning approach
for commercial uses on Bay Farm Island, that there would be some immediate conflict with adjoining uses.
The Board felt it could not recommend zoning on this basis until there had been filed and adopted a
comprehensive plan for the Bay Farm Island development and it had been satisfied that there would not be
land uses in conflict. The issue of traffic flow, Mr. Johnson said, was subject to conjecture. On the
preliminary Utah plan the neighborhood shopping concept was utilized - there was no central shopping nor
any very large commercial area. He explained his fear of the different type of traffic flow which would
possibly be promoted by the concept was simply one of observing what would probably happen with the
sixteen -acre commercial site which would undoubtedly develop at the location. This would cause the traffic
pattern to gravitate to the center and would not follow the concentric ring plan presently proposed in the
Utah preliminary plan. Mr. Johnson explained that he could not make these statements unequivocally as
the final nature of Utah's plans was not known, he did not know what kind of tenants would be in the center
nor whether the sixteen -acre commercial center would be integrated. He re- emphasized the untimely nature
of the proposal and explained further possible problems in connection with future development of Bay Farm
Island
On question, Mr. Brandin said he could not furnish the Council with a precise schedule of Utah's plans
as there were innumerable problems to be solved. He said Utah was working as fast as possible to submit
its plans, which he felt might be accomplished in six months.
Mr. Rochios requested the opportunity to speak and argued that his client wished to develop his acreage
with the proposed shopping center but was fighting the issue of future plans for the Island. He urged
that the Council take action in the face of the unknowns indicated.
President La Croix said he favored Bay View's proposal but the City was forced to rely on proper planning
and the issues raised by the Planning Director. This made the decision of the Council very difficult.
He declared the Hearing closed and asked the pleasure of the Council.
After some discussion with respect to the question, Councilman Fore moved the action of the Planning Board
be upheld and the rezoning request be denied. Councilman Levy seconded the motion which on roll call
carried by the following vote. Ayes: Four. Noes: President La Croix, (1). Absent: None.
The President thanked the people involved in the discussion for the manner in which they had conducted
themselves. He declared a five - minute recess in order that any students who wished might leave the meeting.
Upon reconvening, the regular order of business proceeded.
REPORTS AND RECOMMENDATIONS:
6. ``° From the Housing Authority of the City of Alameda, signed by the Chairman, submitting certain
information requested by the City Council.
The communication was in reply to a request by Councilman McCall for certain data with regard to the
position of the Authority on rentals, delinquencies, et cetera. President La Croix expressed the opinion
that the Council could feel that the Housing Authority was in good condition.
Councilman McCall acknowledged the report with thanks and moved it be accepted. Councilman Levy
seconded the motion which on roll call carried unanimously.
7. F. From Mr. John L. Barneich, Treasurer and Tax Collector, submitting his resignation from office,
effective September 1, 1971.
Councilman Levy moved the resignation be accepted with regret. The motion was seconded by Councilman
McCall and on roll call carried unanimously.
8. V' From the Recreation Commission, signed by the Secretary, requesting an ordinance be adopted
closing the City parks to the public during the night -time hours.
President La Croix explained the recommendation was that the parks be closed between the hours of 10 :00
o'clock p.m. and 6 :00 o'clock a.m. during Daylight Saving Time and from 8:00 o'clock p.m. to 6:00 o'clock
a.m. during Pacific Standard Time. He stated the reason for the request was primarily the amount of
vandalism which had been experienced and the cost of repairs and replacement.
There being no objection, the order of business proceeded to "Introduction of Ordinances ".
INTRODUCTION OF ORDINANCES:
9. 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
Amending the Alameda Municipal Code by Adding Section 4 -215 Thereto,
Relating to Hours of Public Use of Parks."
Councilman Levy seconded the motion which carried on the following roll call vote. Ayes: Five. Noes:
None. Absent: None.
Mr. Bert Spangler, 3100 Lincoln Avenue, asked to be heard and expressed the opinion that persons wishing
to vandalize in the parks could do so regardless of this regulation. President La Croix explained that
when the parks were properly posted the Police Department would have an ordinance to enforce the closing
hours and properly control the parks. He said the action was being taken to protect the facilities
which all of the citizens enjoyed.
The meeting returned to the regular order of business.
UNFINISHED BUSINESS:
10. The matter was brought up on the Planning Board's recommendation for approval of Parcel Map No.
691, subject to certain terms and conditions, on division of property at 1208 St. Charles Street, for
Sarah K. Mark and Clifford G. Wallace.
It was stated the required bond had not been received and the matter would be continued to the next
regular meeting of the Council on August 3, 1971.
NEW BUSINESS:
11. President La Croix reported briefly, in connection with attendance of students from the Alameda
High School summer session Civics class, which he had addressed.
He said the question had come up with regard to jobs for youth and the WAY program. He read from a
list the number of young people employed within the City of Alameda facilities, totaling twenty -eight
persons. He said he wished the number was greater but pointed out the City was doing all it could in
this respect, and suggested that any youth looking for work contact the WAY office.
RESOLUTIONS:
12. The following resolution was introduced by Councilman Longaker, who moved its adoption:
"Resolution No. 7809
Confirming Mayor's Appointment of Commissioner of Housing Authority
of the City of Alameda." (Albert H. De Witt)
The motion to adopt said resolution was seconded by Councilman Levy and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
13. %/ The following resolution was introduced by Councilman Levy, who moved its adoption:
"Resolution No. 7810
Approving Warrant No. 176 of Board of Trustees of Reclamation District
No. 2105."
The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll
call vote. Ayes: Four. Noes: President La Croix, (1). Absent: None.
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14. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7811
Declaring Intention to Order Vacation of Portions of Maple Street and
Second Street, Public Streets in the City of Alameda, Referring to
Certain Map for Particulars Thereof, Fixing Time and Place for Hearing
Thereon, and Ordering Publication and Posting of Notices of Said
Proposed Vacation."
The motion to adopt said resolution was seconded by Councilman Fore.
Upon request, Mr. Hanna explained that the streets involved in this action lay within the Western Housing
Project. They were not being used as streets at the present time and had not been so used since World
War II, when the Federal Government had taken over the area. He recommended, in view of the redevelop-
ment of the property, that the streets be converted back to unencumbered private property.
It was stated the area was the location for the development of low -cost housing units.
The question was put and the motion carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
15. The following resolution was introduced by Councilman Longaker, who moved its adoption:
"Resolution No. 7812
Adopting Specifications, Special Provisions and Plans for Installation
of Turf at the Will C. Wood School Athletic Field, Calling for Bids
and Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
16. The following resolution was introduced by Councilman Longaker, who moved its adoption:
"Resolution No. 7813
Adopting Specifications, Special Provisions and Plans for Installation
of Non - Vehicular Paving at the Will C. Wood School, Calling for Bids
and Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
17. "Resolution No.
Authorizing Execution of Agreement for Construction and Completion of
Improvements in Connection with Parcel Map No. 691 and Approving
Faithful Performance Bond as to Sufficiency (Division of Property at
1208 St. Charles Street - Sarah K. Mark, formerly Sarah K. Pollard, and
Clifford G. Wallace)."
18. "Resolution No.
Approving Parcel Map No. 691 for Division of Property at 1208 St. Charles
Street, Alameda, California, and Permitting Recording Thereof (Sarah K.
Mark, formerly Sarah K. Pollard, and Clifford G. Wallace)."
The preceding two resolutions were continued to the regular meeting of the City Council on August 3, in
connection with Parcel Map No. 691.
ORDINANCES FOR PASSAGE:
19.
"Ordinance No. 1647,
New Series
Amending the Alameda Municipal Code by Adding Section 7 -359 Thereto,
Authorizing Sale of Certain Abandoned Bicycles to Alameda Junior Chamber
of Commerce for Resale at Auction Restricted to Minors."
Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman Levy
and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
Miss Karen McClure, 2811 Yosemite Drive, who had originally suggested that the opportunity be provided to
hold a bicycle auction for children only, was invited to speak. She said she was happy for the youngsters
who would be able to take advantage of the opportunity to purchase bicycles at the auctions.
BILLS:
20. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total
amount of $65,356.49, 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 July 20,
1971, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded
by Councilman Longaker and carried on the following roll call vote. Ayes: Five. Noes: None. Absent:
None.
ORAL COMMUNICATIONS, GENERAL:
21.V Mrs. Lee -Ann Lane, 1425 Union Street, said she felt the Council had done a disservice to the people
of Bay Farm Island in its action denying the rezoning application of Bay View Development Co. She said
there had been strong opposition to the proposal before the Planning Board but when the matter had come
to the Council there had been no opposition but strong support. She said it was disappointing to attend
Planning Board and Council meetings and find that everything seemed to hinge upon Utah's actions, and
she wondered if the same situation would prevail in connection with other future development projects
in the City.
President La Croix explained that he had thought the development could be approved but he felt the
other members of the Council had been wise in that they believed the traffic conditions on the Island
should be paramount in their thinking which had not been so much for Utah as for the preservation of
proper traffic arterials.
FILING:
22. Specification No. PW 7 -71 -15 - Installation of Turf at Will C. Wood School.
23. Specification No. PW 7 -71 -16 - Installation of Non- Vehicular Paving at Will C. Wood School.
MEMORIAL RESOLUTIONS:
24.V The following resolution was introduced by Councilman Longaker, who moved its adoption:
"Resolution No. 7814
Resolution of the Council of the City of Alameda in Memoriam to
Vernon S. Yallop, Retired Commissioner of the Housing Authority.
"IN A SPIRIT OF SADNESS, the Council of the City of Alameda records the death of
one of its most loyal and civic - minded citizens, VERNON S. YALLOP.
"WHEREAS, Mr. Yallop had served the City as a Commissioner of the Housing Authority
from the date of his appointment on August 7, 1951, until his resignation from membership
on May 13, 1968; and
"WHEREAS, Mr. Yallop had engaged conscientiously and capably in the activities of
this important commission and had always been most cooperative with others involved in this
phase of City responsibility.
"NOW, THEREFORE, BE IT RESOLVED that, in recognition of his contribution of personal
service to the City on behalf of its citizens and his friendliness toward all of his associates,
the Council of the City of Alameda does hereby express its gratefulness for Mr. Yallop's
unselfish efforts in the interests of the City.
"BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of
this meeting and that a copy thereof be forwarded to the family of Mr. Yallop in order to
extend to its members a sincere expression of sympathy in their bereavement.
"BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda
adjourns, it shall do so in respect to the memory of VERNON S. YALLOP."
The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
25.1 The following resolution was introduced by Councilman Longaker, who moved its adoption:
"Resolution No. 7815
Resolution of the Council of the City of Alameda in Memoriam to
Melvin L. Van Landingham, Retired Battalion Chief.
"WITH GREAT SORROW, the Council of the City of Alameda records the death of one of
its former faithful employees, MELVIN L. VAN LANDINGHAM.
"WHEREAS, Mr. Van Landingham had commenced his employment with the City of Alameda
on May 1, 1939, in the Fire Department and had earned promotions through the years as a
Lieutenant, Captain and, then, on September 1, 1958, had been appointed Battalion Chief -
Training Officer, in which capacity he was serving at the time of his retirement on May 1,
1964; and
"WHEREAS, Battalion Chief Van Landingham had conscientiously and diligently performed
the duties of his various posts in a most competent manner during the twenty -five years of
his service and had been most affable toward and cooperative with his fellow workers and those
with whom he came in contact in the performance of his assignments.
"NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda does hereby
acknowledge the excellent work of this former employee and expresses its appreciation for his
loyalty.
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"BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes
of this meeting and a copy thereof be sent to the family of Battalion Chief Van Landingham
that it might convey to its members sincere sympathy in their bereavement.
"BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda
adjourns, it shall do so in respect to the memory of MELVIN L. VAN LANDINGHAM."
The motion to adopt said resolution was seconded by Councilman McCall and carried on the following roll
call vote. Ayes: Five. Noes: None. Absent: None.
The President declared the foregoing resolutions adopted.
President La Croix requested that, at the close of the meeting, all stand in a moment of silence in
observance of the passing of Messrs. Vernon S. Yallop and Melvin L. Van Landingham.
26. President La Croix thanked the students who had remained throughout the long meeting for their
interest and Mr. Winberg for the tremendous job he performed with the young people. He remarked that
any of the young people had access to consult any member of the Council at any time they wished and urged
that they do so.
27. Councilman Longaker moved the City Council retire to an executive session in the Conference Room,
No. 303, for consideration of appointments to City Boards, Commissions and Committees. Councilman Levy
seconded the motion which on roll call carried unanimously.
After a five - minute recess, the Council reconvened in the Conference Room for its deliberations. At the
conclusion of the discussion, it was decided that no further action would be taken at this meeting.
ADJOURNMENT:
28. There being no further business to come before the meeting, the Council adjourned in respect to the
memory of VERNON S. YALLOP and MELVIN L. VAN LANDINGHAM, to assemble in regular session on Tuesday,
August 3, 1971, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk