1971-08-17 Regular CC Minutes287
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY AUGUST 17, 1971
The meeting convened at 7:30 o'clock p.m. with President La Croix presiding. The Pledge of
Allegiance was led by Councilman Levy and was followed by a most inspiring Invocation delivered by The
Reverend Father John G. Bosch, Chaplain of the Port of Oakland.
President La Croix commented that primarily through the instigation and perseverance of The
Reverend Father Bosch a "home away from home" known as the Apostleship of the Sea was nearing completion
at the Port of Oakland. He congratulated Father Bosch for his efforts on the project.
Councilman McCall added his comments of appreciation and commendation to Father Bosch.
ROLL CALL:
The roll was called and Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5),
were noted present. Absent: None.
It was noted that City Manager Weller and City Attorney Cunningham were on vacation.
MINUTES:
1. The minutes of the regular meeting held August 3, 1971, were approved as transcribed.
WRITTEN COMMUNICATIONS:
2. / From Borgman Sales Co., signed by Mr. R. Souza, requesting permission to stage a fireworks display
at the South Shore for thirty minutes commencing at approximately 9:15 o'clock p.m. on October 15, 1971,
subject to the usual clearance with the appropriate City Departments and provision of adequate insurance
coverage.
Councilman Longaker moved the requested permission be granted, subject to proper clearance with the Police
and Fire Departments and that adequate insurance protection be provided. Councilman McCall seconded the
motion which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
3. From Mrs. Lee -Ann Lane, 1425 Union Street, with regard to the Planned Development ordinance revision.
President La Croix commented that the proposed ordinance had been referred to the staff for further study
and report to the Council. He complimented Mrs. Lane on her in -depth letter and suggested the communication
be referred to the file for further thought in consideration of the ordinance. It was so ordered.
It was directed that a copy of the letter be referred to the Planning Board.
4. v" From Mr. Herbert A. Jackson, requesting withdrawal of his petition to rezone from the "C -2 ", Central
Business, to the "R -6 ", Hotel Apartment District, the properties known as 2507, 2513 and 2515 Central
Avenue.
Councilman Fore moved the request be granted and the matter of this rezoning be dropped. Councilman
McCall seconded the motion which on roll call carried unanimously.
5. From Mr. Larry Bergeron, Bicycle Auction Project Chairman, Alameda Junior Chamber of Commerce, report-
ing on the bicycle auction held August 7.
President La Croix said he had been present at the auction and it had been well - attended. He complimented
Mr. Michael Gorman, President of the Alameda Junior Chamber of Commerce, and Mr. Bergeron, Chairman of the
Committee and active worker in various projects of the Junior Chamber, on its success.
Upon invitation, Mr. Bergeron, 1619 Broadway, reported there had been approximately 200 youngsters at the
auction with parents of some in the background. He explained the method used in attempting to carry out
the sale in fairness to all children present and stated he had received no complaints on its handling.
Councilman Longaker commended the Junior Chamber on this project and the many others undertaken by the
organization through the years.
Mr. Goss, Assistant City Manager, commended the Junior Chamber on its work and pointed out, for the informa-
tion of the general public, that there would be an auction held in the next month or so by City offices
on surplus bicycles and other properties which would be available for purchase by interested citizens.
6. From Mr. Lloyd Teeter, an Appeal from the decision of the Planning Board to deny a variance to allow
six dwelling units on a lot having approximately 8,317 square feet, or an area deficiency of 683 square
feet, for proposed construction at 21482 Clinton Avenue.
The Hearing on this matter was set for the regular meeting of the Council on September 21, 1971.
ORAL COMMUNICATIONS, AGENDA:
7. Mrs. Lane, with regard to her letter, read a prepared statement and quoted from a report by The
Citizens Advisory Committee on Environmental Quality to the President and to the Council on Environmental
Quality dated April, 1971, on the present environmental crisis. Mrs. Lane said she felt the federal and
state governments did not consider the cities capable of planning and controlling their own growth and
environment. She expressed the thought that unless the uncontrolled quantity -type of construction is
stopped in the City it would be found in three to five years that a deteriorated core had been built
with no benefit from the experience of the surrounding cities.
Mrs. Lane stated the Planned Development ordinance revision was not a cure -all but was a step in the
right direction. She said she strongly opposed an overuse of the PD conception and suggested the
Council take firm action to halt planned development until the Planning Board had the tools necessary
to do a proper job in this respect. She contended that the General Plan was no longer realistic, that
progress was necessary but the City should not be destroyed in the process, and that action should be
taken at this time or another layer of government would be added to make the decisions for the City.
She suggested a moratorium should be declared at once on all areas zoned or potentially zoned "Planned
Development" until the ordinance revision is in force, and this should not be delayed.
President La Croix said he could see no real problem with regard to any acreage or planned development
which might take place prior to receipt by the Council of the newly revised Planned Development ordinance.
He said the petition of Doric Development, Inc., to rezone property at the northeast corner of Shore
Line Drive and Willow Street, on which the Planning Board's recommendation would come to the Council
at this meeting, would undoubtedly be heard by the Council at its meeting of September 7, 1971, at the
request of the petitioner, but no action would be taken at that meeting, pending receipt of the City
Attorney's legal opinion on the recommended "conditional rezoning ".
8. Mr. James McClure, 2811 Yosemite Drive, stated his daughter Karen had not been able to attend
this meeting but she had requested that he thank the Council and the Alameda Junior Chamber of Commerce
for the bicycle auction held August 7. He said Karen had attended the auction and felt it had been
handled in a very fair manner.
9. Miss Jayne Langdon, 507 Central Avenue, said she would like to hear the report on the attendance
of the City officials at the Hearing before the Airport Land Use Commission on August 11.
HEARINGS:
10. In the Matter of Resolution of Intention No. 7811, adopted July 20, 1971, to Order the Vacation
of Portions of Maple and Second Streets.
President La Croix stated it had been requested by the Executive Director of the Housing Authority of
the City of Alameda and the City Engineer that this matter be continued to the next regular meeting of
the Council on September 7, 1971.
Councilman Levy moved the Hearing be continued to the meeting of September 7, 1971, as requested.
Councilman McCall seconded the motion which on roll call carried unanimously.
11. In the Matter of a Proposal, initiated by the Planning Board, to amend Sections 11 -1339, 11 -1347
and 11 -1351 of the Alameda Municipal Code (Zoning Ordinance) concerning uses requiring Use Permits.
The Clerk stated there was on hand 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
subject was considered had been sent to the Councilmen.
Mr. Donald Johnson, Planning Director, stated the proposal concerned a problem which had arisen out of
several variance requests where the applicants desired to establish living quarters for security guards
and accessory living quarters to certain office buildings and industrial uses in industrial zones in
the City, particularly the Alameda Marina, which had a full -time security guard required by the nature
of the work and the facility to reside on the premises. It was also required in this case that there
be living quarters in conjunction with an office facility as the non - resident owner of the property
had need of certain living quarters at the site. Variances had been granted by the Board but it had
found, upon advice of the staff, that such uses were often not necessarily variances from the Zoning
Ordinance and should probably be permitted under the control of Use Permits. He reviewed the action
of the Board as set forth in its letter dated July 19, 1971.
Upon questioning, Mr. Johnson said this provision could extend to developments where security guards
were posted at gates and a residence could be constructed for their use, as well as for other types
of watchmen or guards.
On the call for proponents or opponents, there was no response. The Hearing was declared closed.
Councilman Levy moved the recommendation of the Planning Board in this matter be adopted and the Muni-
cipal Code be amended to effect the change. Councilman Fore seconded the motion.
Speaking on the question, Councilman Longaker expressed the opinion that the language of the recom-
mended amendment was quite broad, but said he would trust the judgment of the Board.
Councilman McCall said he wished to be sure the amendment would take care of the security guard situation
only and not permit anyone to build a "shack" on the basis of a Use Permit.
Mr. Johnson stated this was an unusual condition which rarely came before the Board. It had not been
limited to security guards as it was possible that an operator could have a process going on which
demanded twenty -four hour surveillance and not necessarily security. It was pointed out, for instance,
veterinary clinics and hospitals in the City might come under the provision, also auto wrecking yards
and places of amusement on the South Shore. Mr. Johnson agreed these would come under a Use Permit
and each application would have to be considered on its own merit.
Councilman McCall said he disliked to see installations of this kind close to a strictly residential
area. If it were a mandatory thing required by the business and the Permit were to be granted on this
basis it would be acceptable but he would not approve of an installation for the convenience of someone
desiring a bachelor apartment.
The question was then put and the motion carried on the following roll call vote. Ayes: Five. Noes:
None. Absent: None.
The matter was referred to "Introduction of Ordinances ".
REPORTS AND RECOMMENDATIONS:
12. From the City Manager, recommending contract be awarded to Christner Co., Inc., low bidder, for the
project of Installing Turf at Will C. Wood School at a price of $11,600.
Councilman Levy moved the recommendation be accepted and the contract be awarded to the designated firm
for the specified project at the price quoted. Councilman Longaker seconded the motion which carried on
the following roll call vote. Ayes: Five. Noes: None. Absent: None.
13.V From the City Manager, recommending contract be awarded to Ransom Company, low bidder, for the
project of Installing Paving at Will C. Wood School at a price of $4,910.
Councilman Longaker moved the recommendation be adopted and the contract be awarded to the specified
company for the project named at the price quoted. Councilman McCall seconded the motion which carried
on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
14. From the Planning Board, signed by the Assistant Planning Director, recommending rezoning from the
"C -2 ", Central Business, to the "R -5 PD ", General Apartment, Planned Development District, a certain
5.7 -acre site on the northeast corner of Shore Line Drive and Willow Street, subject to certain conditions
as stated. The Petition had been filed by Doric Development, Inc.
At the request of the developer, the Hearing was set for the next regular meeting of the Council on Septem-
ber 7, 1971. In the absence of a recommendation from the City Attorney in the matter at that time, action
would be withheld pending receipt by the Council of a proper legal opinion.
15. From Miss Grace S. Powers, requesting permission to be absent from her duties as a member of the
Library Board for the period from September 2 to October 4, 1971.
Councilman McCall moved the request be granted and Miss Powers be permitted to be absent from the City
for the specified period. Councilman Longaker seconded the motion which on roll call carried unanimously.
UNFINISHED BUSINESS:
16. ✓ President La Croix reported on his attendance, with City Attorney Cunningham, at the Hearing of the
Airport Land Use Commission on August 11, 1971. Councilman McCall had also been in attendance as a
member of the Commission.
President La Croix stated he and Mr. Cunningham had represented the City in requesting a continuance. He
complimented Mr. Cunningham for the excellent job he had done in presenting the reasons he felt that
legally the Hearing should not be held that evening, in which he had been supported by President La Croix.
After considerable discussion, a motion had carried unanimously that the Hearing be held over until
September 15, 1971.
President La Croix explained the Hearing concerned a proposal to create a cover zone whereby the Commission
would have jurisdiction over many aspects of planning, such as height, density, building, noise, et cetera,
which would have a great effect on what could be done in the City of Alameda. It had been claimed that
sufficient notice had been given. It was admitted the publication of notice had been on the back page
of the Oakland Tribune; however, this conformed with the law. It was felt that there had not been time
to prepare an adequate presentation of the City's position by August 11 and the Hearing had now been
continued, for which he was very gratified. He said the City would be well prepared for the Hearing on
September 15.
Councilman McCall said he had been extremely pleased to see the City Attorney and the Mayor at the meeting
and remarked that he could honestly say if they had not been present to plead for a continuance the
Hearing would have been held that evening, as originally set up. He said he felt the persuasion of Mr.
Cunningham, backed up by President La Croix, had swayed the Commission to grant the continuance.
Councilman McCall suggested that the Planning Director communicate with all cities involved in this matter
and try to arrange a meeting prior to the Hearing on September 15 to discuss the status and the thinking
of each city affected. He said he felt judgment on the subject should come from the professional planners
with recommendations to the City Councils for their official action and transmittal to the Commission.
Mr. Johnson stated the Planning staff was very close to similar personnel of the Cities of Oakland, San
Leandro and Hayward. San Leandro had indicated complete approval and the other two cities had made no
comment on the proposal. Contact had not been made with the City of Piedmont.
There was some further discussion on this subject. President La Croix said he felt very confident with
Councilman McCall serving as a member of the Commission. He complimented the Alameda Times -Star as the
only newspaper represented at the Hearing and its reporter, Mr. Steven Brown, for his attendance.
RESOLUTIONS:
17. "Resolution No.
Finding and Determining Portions of Maple Street and Second :Street, Public
Streets in the City of Alameda, are Unnecessary for Present or Prospective
Street Purposes; Ordering Vacation Thereof Subject to Reservation of Permanent
Easements and Rights of Way Therein as Described in Resolution of Intention
No. 7811 Heretofore Adopted on July 20, 1971; and Directing City Clerk to
Cause Certified Copy of This Resolution to be Recorded."
It was stated this resolution would be held over in connection with the continued Hearing on the matter.
18. The following resolution was introduced by Councilman Levy, who moved its adoption:
"Resolution No. 7822
Authorizing and Directing Payment to Bureau of Electricity of Balance
for Costs of Street Lighting Replacement."
The motion to adopt said resolution was seconded by Councilman Longaker and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
NEW BUSINESS:
19. At this time, Councilman McCall requested that the meeting revert to the subject of New Business ".
He referred to the condition of Santa Clara Avenue and its intersection with Oak Street caused by the
inability of the contractor to complete the project of reconstructing the street due to the Teamsters
strike- lockout. He said he understood City forces were endeavoring to keep the dust down by regular
watering of the streets, for which the contractor was being billed.
Councilman McCall said he felt on projects of this nature, on which work stoppage was injurious to the
communities and the commercial areas, the management of the contracting firms should get out and finish
the job. He said he felt the Council should support the City Engineer in the way of correspondence or
direction in this matter as Alameda had the best streets of any city in the Bay Area.
President La Croix said he had spoken to the Labor Temple on this date and had been informed that nego-
tiations were being held in Sacramento on the issue. He suggested that with the freeze by President
Nixon the strikers might return to their jobs as they would not be able to arrive at a solution of their
salary requests for the time being.
Councilman Fore stated in conjunction with his negotiations with the Teamsters Union in connection with
his business he had been able to make some strides in the matter of this reconstruction project, where-
by it would be declared an emergency job and steps could then be taken to have the work completed. His
efforts were acknowledged with appreciation.
There was some further discussion on this problem. City Engineer Hanna stated, on questioning, that it
would probably take less than a week's time to complete the project, once work was resumed.
There being no objections, the meeting returned to the regular order of business.
RESOLUTIONS:
20. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7823
Authorizing Execution of Contract with Alameda Chamber of Commerce for
Advertising for the Fiscal Year Ending June 30, 1972, and Appropriating
Therefor the Sum of $19,200, or as Much Thereof as May be Required."
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.
21. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7824
Adopting Specifications, Special Provisions and Plans for Reconstruction
of Central Avenue from Fourth Street to Webster Street, Calling for Bids
and Directing City Clerk to Advertise Same."
The motion to adopt said resolution was seconded by Councilman Longaker and carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
President La Croix brought up the subject of trucks going to and from the Ballena Bay development and
other projects in the general area and suggested, in connection with this reconstruction job on Central
Avenue, that these vehicles be routed by Atlantic Avenue and Third Street, possibly, to avoid a great
deal of turmoil on Webster Street and the repaved Central Avenue.
Mr. Hanna pointed out that much of the truck travel would be from the job to the City Dump removing the
old surfacing and a number of old railroad ties. The practicality of the routing would depend upon the
originating point of the trucks. He said the suggestion would be given consideration in an effort to
see what could be done in this respect.
INTRODUCTION OF ORDINANCES:
22. Councilman Longaker moved the following ordinance be introduced, after which it would be laid
over under provision of law and the Charter:
291
"Ordinance No.
New Series
An Ordinance Amending the Alameda Municipal Code by Amending Sections
11 -1339, 11 -1347 and 11 -1351 by Adding Paragraph (D) to Each Section
Thereof, Relating to Permitting Residential Uses Within 'C -M'
(Commercial - Manufacturing), 'M -1' (Intermediate - Industrial) and 'M -2'
(General Industrial) Districts."
The motion was seconded by Councilman Fore and carried on the following roll call vote. Ayes: Five.
Noes: None. Absent: None.
23. Councilman Fore 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 Subdivision 15 to Section
17 -344.1 Thereof, Relating to Parking Limits." (Clement Avenue, Everett
Street to Park Street)
The motion was seconded by Councilman Levy and carried on the following roll call vote. Ayes: Five.
Noes: None. Absent: None.
Mr. Hanna explained this ordinance would limit parking to twenty -four minutes at the request of Proper -
Tighe Marine, Inc., which had had difficulty with a great many industrial vehicles parking in front of
its business place for the entire day.
BILLS:
24. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total
amount of $33,063.83, 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 August 17,
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.
Councilman Longaker suggested that the City's warrants be made available at the Council meetings for the
public to see. It was pointed out that the List of Bills was posted on the bulletin board, and that any-
one interested was free to seek information from the Auditor as to what was covered by any payment.
ORAL COMMUNICATIONS, GENERAL:
25.\/ Mr. Frank A. Gottstein, 731 Haight Avenue, reported that windows were being broken in the large
machine shop building on the old Bethlehem Shipyard property. He suggested that steps be taken to have
this stopped and the windows replaced.
President La Croix said he was under the impression that certain of the buildings were being demolished
by the Del Monte Corporation. Mr. Hanna was requested to check on the condition of the buildings and
whether they were to be razed.
Mr. Hanna said it was his understanding that virtually all but two of the structures would be demolished
over a period of time. He said he would investigate the specific buildings mentioned.
26.V Mrs. Joy Osborne, 656 Westline Drive, repeated her question, submitted at the last meeting of the
Council in connection with the Planned Development ordinance revision and the twelve -story hotel project
which had been approved by the Planning Board, as to the thinking of the Councilmen on high -rise develop-
ment. She said the reason for her concern on the issue was that she could not see how the Planning
Board, the staff and developers could be expected to act according to elected officials' opinions if the
Council made no policy statement of record, and asked when a policy statement could be expected.
President La Croix stated he could envision some areas where high -rise development could possibly be
supported, primarily the northern section of the City, in the proposed Del Monte Corporation development,
for instance, although he had no idea what would be submitted for the area. He said he felt the oppor-
tunity presented by high -rise structures for more ground area and open space was a good feature.
In reply to questioning, Mr. Johnson said he could not give a positive answer as to the way the Council
could properly indicate whether or not it would zone for high -rise development. He said, as he had
stipulated at the first Hearing on the Planned Development ordinance revision, the underlying zone was
much more controlling than the Planned Development ordinance, that the City now permitted eight -story
construction in all "R -5 ", "R -6 ", "C" and "M" zones and that this provision for a 100 -foot height limit
had existed since 1929, at least. He said whether or not the Council had the right of hearing or right
of review in the Planned Development process was entirely beside the point - the underlying zoning was
still the major control. If the Council and the Board should decide that 100 -foot zoning should not be
allowed in the City, but some lower height limit, he said he felt this was a direction which should be
undertaken as a major policy discussion in another joint meeting between the Council and the Board as it
was a major land use and a substantial departure from what now existed. He said he could not respond
directly as to how this could be done at this time; he could not recommend a moratorium as he was not the
City's legal officer, although he could say that, if this should be done, the City would most certainly
face certain law suits.
Councilman Longaker said he, for one, would not want to say that he would not be in favor of high -rise
at some time and place in the community, as President La Croix had indicated; to say he would never
vote for this type of development would be ridiculous.
Councilman Levy said it was his feeling that each situation which might arise should receive special
consideration and be studied on its own merits. He said he was neither for nor against high -rise
development.
Councilman McCall said he would not answer the question until he had before him a developer's proposal.
He said if he felt a development was good for the City of Alameda he would vote for it. He felt no one
had the right to poll the City Council individually on such a question, and doubted the legal right to
do so.
FILING:
27. Financial and Operating Report and Annual Report — Bureau of Electricity, as of June 30, 1971 -
Verified by George A. Hackleman.
28. Specifications No. PW 8 -71 -17 - Reconstruction of Central Avenue, Fourth to Webster.
29. Agreement - Between City and Alameda Chamber of Commerce - re Community Promotion.
30. Councilman Longaker moved the City Council retire to an executive session for discussion of
personnel matters. Councilman McCall seconded the motion which on roll call carried unanimously.
After a five- minute recess, the Council reconvened in the Conference Room, No. 303, for its deliberations.
At the completion of the discussion the meeting returned to "Resolutions ".
RESOLUTIONS:
31. The following resolution was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7825
Accepting Resignation of Treasurer and Designating Person to Perform
Duties During Vacancy of Office."
The motion to adopt said resolution was seconded by Councilman Longaker and on roll call carried by the
following vote. Ayes: Five. Noes: None. Absent: None.
The President declared the foregoing resolutions adopted.
ADJOURNMENT:
32. There being no further business to come before the meeting, the Council adjourned, to assemble in
regular session on Tuesday, September 7, 1971, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk