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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. 277 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. 279 "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