1971-09-07 Regular CC Minutes293
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY SEPTEMBER 7, 1971
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 an inspiring Invocation delivered by The
Reverend H. W. Van Delinder, Pastor of the First Presbyterian Church.
ROLL CALL:
The roll was called and Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5),
were noted present. Absent: None.
President La Croix extended the sympathy of the Council to Vice Mayor and Mrs. Levy on the death of her
father and commended the former on his presence at the meeting under the circumstances.
MINUTES:
1. The minutes of the regular meeting held August 17, 1971, were approved as transcribed.
WRITTEN, COMMUNICATIONS:
2. v. From Alameda Chamber of Commerce, signed by Mr. August T. Wiemken, President, expressing the thanks
of its Board of Directors for the Council's faith in the Chamber's efforts in renewing its contract for
community promotion during fiscal year 1971 -1972.
President La Croix acknowledged the communication with appreciation. He said it was felt the Chamber and
the City could in many instances act as a team for the betterment of the community.
3. V' From Mrs. Arthur Heche, 1521 Union Street, on the subject of high -rise development in the City,
expressing the thinking that this type of building would spoil the character of the City, robbing the indivi-
dual of air, light, sunshine, water and the beauty of growing things.
President La Croix said he had read the communication with interest and would agree with many of Mrs.
Heche's statements. It was directed that the letter be acknowledged and filed.
4. From Miss Jayne H. Langdon, 507 Central Avenue, with regard to women who wished to take an active
role in civic affairs, recommending that women representing the City on official business be reimbursed
for baby sitter expenses.
President La Croix remarked he had observed over the years that many women took an active part in many
phases of civic affairs in the City and he would welcome even more such participation. He said, however,
the recommendation that child care expenses be absorbed by the City would probably not prove acceptable.
The communication was to be acknowledged with appreciation.
HEARINGS:
5. Continued from the meeting held August 17, 1971 - In the Matter of Resolution of Intention No. 7811,
adopted July 20, 1971, to Order Vacation of Portions of Maple and Second Streets.
City Attorney Cunningham requested that this matter be continued to the next regular meeting of the Council
on September 21, 1971. This was agreeable and it was so ordered.
6. ` In the Matter of a Petition filed by Doric Development, Inc., to rezone from the "C -2 ", Central
Business, to the "R -5 PD ", General Apartment, Planned Development District, a 5.7 -acre site at the north-
east corner of Shore Line Drive and Willow Street. The Planning Board had recommended approval, subject
to certain restrictions.
The Clerk stated the Affidavit of Publication was on hand covering the Notice of this time and place for the
Hearing in the matter. The minutes of the Planning Board meeting at which the petition was considered had
been sent to the Councilmen.
There had been received from Mrs. George R. Osborne, 656 Westline Drive, a letter in opposition to the
proposed rezoning.
On request, Mr. Cunningham stated the issue before the Council was whether or not the findings and recom-
mendations of the Planning Board, submitted along with some suggested conditions, and its advisory report
based upon Section 11 -175 of the Municipal Code should be approved, modified or over - ruled. He explained
that the Board's action in legal effect amounted to a recommendation for conditional zoning, which was a
legal concept in planning. He said, from a legal standpoint, he would not recommend this as policy in any
situation which did not involve a planned development and, with amendment of the Planned Development
portion of the Zoning Ordinance, it was unlikely that another situation of this sort would arise.
Mr. Cunningham said the Board had apparently been enthusiastic about the concept, providing valid conditions
could be attached. He said he had therefore drafted an ordinance, in the event of favorable action by the
Council, which would rezone the property to the desired status with the conditions that (1) notwithstanding
the ability of the developer to build in accordance with the underlying zone he, in effect, stated that he
would submit a Land Use Plan and would in fact adhere to the Planned Development concept and (2) that the
rezoning was conditional upon this fact and that no Building Permits would be issued except after approval
by the Planning Board of the Land Use Plan.
Mr. Donald Johnson, Planning Director, distributed exhibit maps of the subject area indicating the pro-
posed zone change. He then reviewed the Board's action as set forth in its letter dated August 12,
1971, in which it had voted unanimously to recommend, with complete agreement by the applicant, the
requested reclassification be granted contingent upon the drafting of an appropriate ordinance to condition
the change so that development of the parcel would be subject to Planning Board review.
On question, Mr. Johnson said the only commercial use he would recommend for the site under discussion
would be something complimentary to the beach, which would present certain other problems, or related
commercial uses such as motels, resorts, et cetera. He said the present applicant had considered the
location for a 600 -unit motel development and this use would be permitted under the "C -2" zoning. He
pointed out there were 45 acres zoned "C -2" in the South Shore Shopping Center, which was clearly too
much acreage in this classification, and said he considered the proposed condominium a good and appro-
priate use for the site and would prefer to see it constructed to a large motel project.
On the call for proponents, Mr. Ronald Cowan, 2981 Northwood Drive, appeared for the petitioners. He
said, in reply to objections to the proposal on the claim that it would bring additional people to the
area, that historically changing zoning from commercial to residential use was generally considered a
"down usage ", that almost any form of commercial development would generate more people per square foot
than the highest density in residential use. Mr. Cowan then presented for viewing slides of the proposed
development, explaining the innovative plan with 35 units to the acre which could be expanded to 40 units,
with approximately 1.7 -to -one parking facilities, and covering only 45% of the ground area for building
and parking.
Mr. Cowan pointed out features such as two private roads on the perimeter of the parcel to be perma-
nently dedicated for ingress and egress, front yard setbacks ranging from 20 to 65 feet, two -story
structures at the front and four stories at the rear, side yard areas from 12 to 45 and 50 feet in some
instances, producing an irregular feeling, four garage accesses and recreation areas. He said the
proposed development was adaptable to almost any type of architecture which might be. chosen. He remarked
that the fence or wall indicated would require obtaining a variance from the Planning Board, and also
that the landscaping plan would be reviewed by the Board.
There was some discussion, with questions and answers. It was stated these would be individually -owned
condominium units, that the age limit to be allowed was anticipated to be 16 years, under the Covenants
and Conditions. Units would sell from approximately $23,500, with 80% selling for less than $30,000, and
it was hoped to make suitable homes available for young married couples and middle -aged persons who had
raised their families and wished to leave their large homes for more compact units. Mr. Cowan said it
was the hope of his firm in the future to adapt this type of concept to family- oriented living.
President La Croix raised the question of fire access in connection with the proposed development. Mr.
Bert Rupp of Doric Development, Inc., stated he had discussed the matter with Battalion Chief Alan
Heninger, who had reviewed the plans very carefully, and it was felt the problem had been thoroughly
worked out.
It was stated it had been roughly projected that monthly maintenance costs would be approximately $27
or $28 per month, and there would be full security. The height would be approximately 45 feet, at the
highest point.
On the call for opponents, Mrs. Osborne, 656 Westline Drive, addressed the Council. She questioned the
legal restriction against people under 16 years of age, and reiterated the statements in her letter
that the population increase would require additional services such as fire and police protection and
schools where they had not been planned for. She urged that the Council give serious consideration to
the problem of spot rezoning, particularly on the subject parcel. Mrs. Osborne said she would not care
to see a 600 -unit motel at the location under discussion but she felt the City would bargain in such a
case and pointed out the parcel had been set up with "C -2" zoning; she felt the potential population of
220,000 persons was a menace.
It was stated the proposal should be considered on its own merits and whether it was good or bad for
the City of Alameda. It was suggested that the project proposed presented an opportunity to upgrade
the property and this seemed desirable.
Councilman Longaker complimented Mrs. Osborne for digging out facts and taking an active part in what
goes on in the community.
The Hearing was declared closed. After a brief question and answer period, Councilman McCall said he
felt the proposed development would be the highest and best use for the land and he moved the recom-
mendation of the Planning Board be approved and the rezoning be granted as requested, subject to the
conditions set forth by the Board. Councilman Fore seconded the motion which carried on the following
roll call vote. Ayes: Five. Noes: None. Absent: None.
The matter was referred to "Introduction of Ordinances ".
President La Croix said he felt an innovative project such as that proposed by Doric Development, Inc.,
for the subject location would be far and above anything which might be possible under "C -2" zoning, or
any other multiple zoning. He said he had been impressed with the height limit of 45 feet.
REPORTS AND RECOMMENDATIONS:
7. From Recreation Commission, signed by the Secretary, with regard to certain projects, (1) request-
ing information regarding the status of the Capital Outley Program submitted originally in 1965 and
resubmitted in 1968; (2) endorsing the letter of October 15, 1969, regarding the acquisition of a park
site on the upland area of Bay Farm Island; and (3) requesting information regarding its recommendation
that the .8 -acre site bounded by Otis Drive, Willow Street and Sandcreek Way be developed as a passive
park area including practice putting greens.
President La Croix stated he wished there was, some way to develop a park site on the upland area of Bay
Farm Island in the near future and also in the northern section of the City, saying his preference was
* in the Del Monte Corporation area such as the *lot at the corner of Sherman Street and Buena Vista Avenue.
In order to place the matter on the floor for discussion, Councilman McCall moved the report be accepted.
Councilman Levy seconded the motion.
Speaking on the question, Councilman McCall recalled that use of the .8 -acre site bounded by Otis Drive,
Willow Street and Sandcreek Way had been under consideration for some time. He said he felt this was a
nuisance spot to anyone in the neighborhood. It had been discussed in connection with action on the
adjoining property to the south on which construction of a condominium development was anticipated, it
was adjacent to single - family homes and it was something the City would have to maintain. He said he felt,
in view of the existence of the school and park site at the corner of Grand Street and Otis Drive, plus
another large parcel at the westerly end of the South Shore fill area, the parcel under discussion might
be considered for a possible "horse trade" toward another site, such as on Bay Farm Island. He said he
would be opposed to its use as a passive park.
City Manager Weller explained that the restriction attached to this land was that it be used for "public
purposes" and it was first dedicated by Utah Construction & Mining Co. for a fire station. He expressed
the opinion that the size of the lot was inadequate and it was improperly located for any kind of public
recreational purpose. It was pointed out that the question of use of this site had been raised on pre-
vious occasions by the Commission and it had been informed that the lot had not been intended at any time
for recreational purposes.
It was suggested that, should the Council feel so inclined, it might direct that the Commission drop this
acreage from its priority list for development.
Councilman McCall thereupon amended his motion to request that the Recreation Commission delete from its
priority list the item concerning this .8 -acre site bounded by Otis Drive, Willow Street and Sandcreek Way
and in future discussion of its development for recreational purposes should not arise. The amendment was
acceptable to Councilman Levy and the motion, as amended, carried on the following roll call vote. Ayes:
Five. Noes: None. Absent: None.
8. I From the City Manager, recommending that all bids be rejected on the project of Reconstructin g
Central Avenue from Fourth Street to Webster Street and that authorization be given to re-advertise the job
at a later date.
Councilman McCall moved the recommendation be accepted, that all bids be rejected on the designated project
and authorization be granted to re- advertise at a later date. Councilman Longaker seconded the motion
which carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
9. From the City Manager, recommending approval of the final budget for the City of Alameda for fiscal
year 1971 -1972, as submitted.
Councilman Longaker moved the report be accepted. Councilman Fore seconded the motion which carried on
the following roll call vote. Ayes: Five. Noes: None. Absent: None.
The matter was referred to "Resolutions ".
UNFINISHED BUSINESS:
10. President La Croix reported on a complaint by Mr. Frank Gottstein at the last regular meeting of the
Council on August 17, 1971, with regard to breakage of windows in buildings on the Del Monte Corporation
property on the Estuary. He said Del Monte was spending the sum of $9,000 to fence off the area so that
the vandalism would be controlled.
RESOLUTIONS:
11. "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."
This resolution was laid over for action in connection with the Hearing on the matter.
12. /The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 7826
Rejecting Claim of Ella Long and Jimmie L. Jones Against City."
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.
13. The following resolution was introduced by Councilman Fore, who moved its adoption:
"Resolution No. 7827
Rejecting Claim of Marie Bourdieu Against City."
*changed from, "old Bethlehem parking lot."
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.
14. The following resolution was introduced by Councilman Levy, who moved its adoption:
"Resolution No. 7828
Authorizing Deposit of Additional Escrow Funds in Connection with
Construction of City Approaches to Fruitvale Bridge Replacement."
The motion to adopt said resolution was seconded by Councilman Fore.
Speaking on the question, Councilman Longaker inquired as to the disposition of the matter of bicycle
lanes on the replacement bridge. Mr. Hanna stated the Bay Conservation and Development Commission felt
the westerly lane should be used by bicycles, although not exclusively, and it had asked that it connect
with the roadway at either end.
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. 7829
Approving and Adopting a Budget for the Fiscal Year 1971 -1972; Appropriating
Certain Moneys for the Expenditures Provided in Said Budget for Said Fiscal
Year and Ratifying Certain Expenditures Heretofore Made."
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.
16. V The following resolution was introduced by Councilman Levy, who moved its adoption:
"Resolution No. 7830
Fixing the Rate and Levying a Tax on All Real and Personal Property in the
City of Alameda for the Fiscal Year 1971 -1972 and Apportioning the Same
Among the Several Funds of the City." ($2.16)
The motion to adopt said resolution was seconded by Councilman Longaker.
President La Croix commented that it was due to much hard work by the City Manager and the City staff
that it was possible to retain the tax rate of $2.16 for the current fiscal year. He said many of the
Bay Area cities had maintained their tax rate but had been able to do so only by discontinuing jobs in
their City functions. He said he was very pleased that the City of Alameda was able to continue the
quality of service and provide what the citizens want and deserve.
Councilman McCall remarked that the other cities had also had to dip heavily into their reserves.
The question was put and the motion carried on the following roll call vote. Ayes: Five. Noes: None.
Absent: None.
The President declared the foregoing resolutions adopted.
INTRODUCTION OF ORDINANCES:
17. Councilman McCall moved the following ordinance be introduced, after which it would be laid over
under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Conditionally Reclassifying and Rezoning Certain Property Within
the City of Alameda by Amending Zoning Ordinance No. 1277, New Series. (From
C -2, Central Business District to R -5 PD, General Apartment District, Planned
Development - Doric Development, Inc.)"
Councilman Longaker seconded the motion which carried on the following roll call vote. Ayes: Five.
Noes: None. Absent: None.
18. Councilman Levy moved the following ordinance be introduced, after which it would be laid over
under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating
to Traffic Regulations."
Councilman McCall seconded the motion which carried on the following roll call vote. Ayes: Five.
Noes: None. Absent: None.
ORDINANCES FOR PASSAGE:
19. "Ordinance No. 1649,
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."
Councilman McCall moved the ordinance be passed as submitted. The motion was seconded by Councilman Fore
and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None.
20. "Ordinance No. 1650,
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).
Councilman Longaker 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.
BILLS:
21. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total
amount of $168,372.54, was presented to the Council at this meeting.
The List was accompanied by certification from the City Manager that the Claims shown were correct.
Councilman Levy moved the bills as itemized in the List of Claims filed with the City Clerk on September 7,
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:
22.1,/ Mrs. Lee -Ann Lane, 1425 Union Street, inquired as to the status of the garbage dump situation.
President La Croix stated the Mayors' Conference had had a discussion on this subject on an area -wide
basis by professionals from San Francisco but it had not come up with much in the way of a solution.
Mr. Hanna stated he had visited the high - temperature incinerator in Los Gatos, which was making progress.
He said he had also checked with Mr. Herbert Johnson, the Combustion Engineer for the Air Pollution Control
District, on the method and there was no question but that progress was being made. All the bugs had not
been worked out of the machinery, which had a capacity of 100 tons per day. There was some question as
to whether this should be set up for the City or on a regional plan. He said he felt the incinerator
offered a good possibility for the City and would only hope that the actual price would be similar to the
previously- mentioned amount of $5.50 per ton, which was relatively low. Mr. Hanna said several other
opportunities were being explored.
The subject was discussed briefly.
23. Mr. Frank Gottstein, 731 Haight Avenue, complained of the noise in the public address system during
the Hearing at this meeting. Mr. Hanna was requested to check the system.
Mr. Gottstein inquired as to the status of the General Plan. President La Croix stated there had been a
great deal done on the Plan, such as re- establishment of the base for zoning in the City, the Planned
Development procedure, the off - street parking ordinance, the discussion of the Bay Farm Island Bridge
approach and traffic flow, signaling, et cetera, on the City streets.
Mr. Gottstein suggested there should be an overpass in the middle of the City half -way between Park and
Webster Streets, to connect Alameda to Oakland.
President La Croix pointed out such a structure would have to be approved by the U. S. Corps of Engineers.
24. Miss Jayne H. Langdon, 507 Central Avenue, stated she had, at the suggestion of the Council, met
with Mr. Johnson, Planning Director, and with the Deputy Director of the Bay Conservation and Development
Commission and his assistant with regard to her letter to the Council on the subject of the twelve -story
hotel building proposed for the Ballena Bay development. She said the meetings had been most informative.
Miss Langdon said she had been showing dogs and had been an avid and active dog fancier for sixteen years.
She expressed her thinking on the unfortunate accident on the South Shore Beach when four German Shepherd
dogs had attacked a cat. She spoke of areas in Southern California set aside for dogs to exercise on the
beach, and expressed the opinion that the owner of the dogs should be prosecuted.
President La Croix stated the East Bay Regional Park District had indicated it planned to enforce its
leash law very strictly in the future. He suggested the matter of having a special area for exercising
dogs might be explored by the District.
FILING:
25. Final Budget - City of Alameda - for Fiscal Year Ending June 30, 1972.
ADJOURNMENT:
26. There being no further business to come before the meeting, the Council adjourned, to assemble in
regular session on Tuesday, September 21, 1971, at 7:30 o'clock p.m.
Respectfully submitted,
City Clerk