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MINUTES <br />of <br />THE MEETING <br />of <br />THE CITY COUNCIL <br />Pleasanton, California <br />December 6, 1965 <br />THE CITY COUNCIL met in Adjourned Regular Session at 8:00 P.M. on the above date <br />with Vice -Mayor Bubics presiding. <br />ROLL CALL by the City Clerk evidenced the following attendance: Councilmen Gerton, <br />Harding, McWilliams and Vice -Mayor Bubics were present. Mayor Long was absent. <br />Mr. Fales, City Manager, Mr. Struthers, City Attorney, Mr. Campbell, City Engineer, <br />and Mrs. Woodward, City Clerk, were present. <br />PLEDGE OF ALLEGIANCE TO THE FLAG was led by Vice -Mayor Bubics. <br />1EETING OPEN FOR ANYJ4EMBER OF THE AUPIE1iCE TO ADDRESS THE COUNCIL <br />No one addressed the Chair. <br />PUBLIC HEARINGS <br />Application of Julius Levine M.D., 1020 Levine Court. Hayward, for an amendment to <br />Ord. No. 309, rezoning a parcel of property approximately two acres in size located <br />on the north side of Neal St. between 4492 Second St. and 306 Neal St., from the <br />R -1 to the R -2 District <br />Vice -Mayor Bubics declared the Public Hearing on the application of Dr. Julius <br />Levine open. <br />Mr. Fales read the Staff Report which indicated that the requested zoning could be <br />approved providing the City impose some strict requirements in order that the land <br />use be compatible with the surrounding area. Mr. Fales also reviewed the report of <br />the Planning Commission, dated November 12th, which recommended to the City Council <br />that the requested rezoning be granted. <br />Mr. Fales read protest communications from Mrs. Lyla Duey, 4415 Entrada Drive, Mr. <br />and Mrs. W. A. Jamieson. 875 Bonde Court, Mr. Mrs. Robert M_ Jacob, 357 Del Sol <br />Ave., Mr. and Mrs. Joseph R. Vierra. Mr. Fales also read communications from Mr. <br />and Mrs. Peter Koopman, 4435 Pleasanton Avenue, and Edetha Special, 5573 San Juan <br />Way, favoring this rezoning. <br />Mr. Wm. Herlihy, 816 Abbie St., Mrs. Dagmar Fulton, 4536 Mirador, Mr. Sam Elliott, <br />4422 Second St., Mrs. June Vierra, 303 Neal St., Mr. Robert Reid and Mr. Harold <br />Grim each spoke in opposition to the rezoning of this property to R -2. <br />Dr. Harold J. Shanks indicated that this area is zoned "Medium Density" in the <br />General Plan and therefore should be rezoned to R -2. <br />Dr. George Collins stated that he was in favor of rezoning the subject property to <br />R -2. <br />After considerable discussion ensued, it was moved by Councilman McWilliams and <br />seconded by Councilman Harding that the Public Hearing be closed. <br />The roll call vote was as follows: <br />AYES: Councilmen Gerton, Harding, McWilliams and Vice -Mayor Bubics <br />NOES: None <br />ABSENT: Mayor Long <br />Councilman Gerton asked Mr. Struthers for his opinion on whether a conflict of <br />interest was involved in his voting on this matter. Councilman Gerton reason for <br />requesting this opinion was due to the fact that the property in question is now <br />owned by. the Presbyterian Church of which he is -a member and also is handling the <br />sale of this property through his Real Estate Office. Councilman Gerton affirmed <br />the fact that he is not receiving any commission for this transaction. Mr. <br />Struthers ruled that in view of Councilman Gerton's statements, there was no con- <br />flict of interest in this matter. <br />In answer to Vice -Mayor Bubic's request for the opinions of the City Councilmen, <br />each Councilman agreed that this property should :be rezoned R -2 because single <br />family residences could not be built in this particular area without a great deal <br />of difficulty because of both a Sanitary Sewer line and a Storm Drainage line <br />crossing through this parcel. <br />Councilman McWilliams introduced Ordinance No. 434, amending Ordinance No. 309, <br />rezoning approximately two acres of property located on the north side of Neal <br />