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1960-05-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, MAY 3, -------- - 1960 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman and was followed by an inspiring Invocation delivered by The Reverend Mr. Carl March, Pastor of Immanuel Lutheran Church. At this time, President McCall noted that Mr. March has served this community as Pastor of his Church for the past twenty-eight years and is planning to retire on June 12, 1960. He expressed thanks to Mr. March for his services from time to time in his appearance at the Council meetings to deliver the Invocation, and wished him happiness in his retirement. ROLL CALL: The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held April 19, 1960, were approved as transcribed. WRITTEN COMMUNICATIONS:: 2' County of Alameda Veterans Affairs Commission, signed by Mr. Allen F. Strutz, Treasurer, requesting approval and appropriation of Alameda's share, in the amount of $250., toward the 1960 Veterans Day Observance to be held in Albany on November 11. Councilman Schacht moved the appropriation of $250. be made in the City budget for the ensuing fiscal year. The motion was seconded by Councilman Freeman and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. 3." From Youth Activities Committee, signed by Mrs. J. Benton Coffman, Chairman, sub- mitting a copy of its proposed By-Laws for Council approval. Mr. Annibale stated he would like to have the opportunity to make a written report on this particular matter to the Council. He asked the Council to consider whether or not it desires this committee to be a permanent one and if so, he suggested it be set up by ordinance as are all other boards and commissions not already specifically men- tioned in the Charter. There was considerable discussion concerning the organizational status of this committee. Mrs. Coffman, 2846 Santa Clara Avenue, remarked that it was the understanding of the committee when it was activated that it was to be a continuing study committee. She felt it should be informed whether or not this is so because the members are spending a great deal of time on certain projects which should,be of long-range benefit to'the community. Mr. Richard Bartalini, 1715 Second Street, a member of this committee, also addressed the Council on this subject, pointing up that a great deal of work has already been done by the members and they would like to move forward. There being no objections, the matter was laid over to the next meeting on May 17, pending receipt of Mr. Annibale's report. Councilman Freeman said she felt a vote should be taken at this time on whether or not the Council would like this committee to continue to exist. She thereupon made a motion that the Council make this a permanent study committee. After some discussion, Councilman Petersen seconded the motion which carried on the fol- lowing roll call vote. Ayes: Five. Noes: None. Absent: None. 11.v From Youth Activities Committee, signed by Mrs. William B. Saylor, Jr., Secretary, asking that it be informed about its current membership, in view of the fact there have been several resignations. It was agreed the Clerk would take care of this matter. ). From the Military Order of the Cootie, Honor Degree of Veterans of Foreign Wars, signed by Kenneth F. Bixby, Sr. Vice Commander, requesting permission to stage a donkey baseball game at whichever park has an available date, preferably the last week in June or the first week in July. Mr. Charles Lisanti, 1010 Pacific Avenue, Co-Chairman of the event, addressed the Coun- cil in explanation of the arrangements. Councilman Schacht moved the Council grant permission for this affair, subject to the requirements of the City Engineer and the Recreation Director and the scheduling of a satisfactory date. The motion was seconded by Councilman Freeman and unanimously carried. 200 ORAL COMMUNICATIONS 6. Mrs. Coffman stated one of the responsibilities of the Youth Activities Commit- tee has been the activation of a delegation of adults and youth to attend the County- wide Town Meeting to be held May 18, 1960, at the Oakland. Auditorium Theatre. Each committee of the cities of the County has been requested to invite its Mayor to serve as the host for the community delegation and also to name a woman of the com- munity to serve as hostess. The Committee would like to have the Mayor act as host and it has asked Mrs. Gerald Cheadle, President of Alameda Town Hall, to serve as hostess. 7. Mr. Frank Gottstein, 731 Haight Avenue, suggested parking meters be installed in more of the neighborhood shopping areas of the City and, especially, along the south side of Shore Line Drive. 8.V Mrs. Jayne Langdon, 507 Central Avenue, referred to the traffic on Webster Street which has to work into one lane at the entrance to Posey Tube and suggested there should be a sign located a sufficient distance before this point to warn drivers of this situation. Mr. Hanna said he felt most people know these two lanes of through- traffic converge - but he would take up the matter with the State Division of Highways and find out if such a sign could be posted. 9:q Mr. Richard Diament, 1409 St. Charles Street, stated he had made a suggestion some months ago concerning this same "merging" situation to the effect that a s top sign be placed on the second lane at the place where the busses stop. The center lane would then be marked for through - traffic farther back from the Tube and the other cars would work into this lane much sooner and avoid the last minute attempt to squeeze into the one lane, which creates a dangerous condition. HEARINGS: 10. The matter was called up concerning the reclassification of property known as 434 Central Avenue, from "R -4" and "R -3 -PD" Districts to the "R -5 ", General Apartment District.. This rezoning was requested by Mr. Paul F. Roemer, Jr., representing Values, Inc., et al., for the purpose of constructing a thirty -unit apartment house. The Clerk stated the Affidavit of Publication of the Notice of Hearing was on file and also a letter from Mr. Leo J. Gunston, owner of property at 422 Taylor Avenue, stating the Council should deny the rezoning or initiate proceedings to reclassify the entire vicinity. The President then invited any opponents in this matter to express their views and Mr. Gunston first addressed the Council. He felt the rezoning of this one parcel would give advantage to the developer "time- wise ". He presented a petition, signed by sixteen property owners in the four- hundred blocks of Central and Taylor Avenues, in opposition to the rezoning of only 434 Central Avenue. Mr. Willis Vincent, 433 Central Avenue, one of the signers of the petition, and Mrs. Jayne Langdon, 501 Central Avenue, also spoke on the subject. Mr. Paul Roemer of Values, Inc., Berkeley, then addressed the Council. He explained the situation and cited the number and type of buildings his Company has constructed during the past years. He assured the Council the contemplated structure will be attractive and enhance the appearance of the neighborhood but he pointed up the fact that his Company believes it is just not feasible to spend several thousands of dol- lars in drawing detailed architectural plans on the completely unknown element of whether or not the parcel would be rezoned. He remarked that the area is actually a full acre in size which allows ample room for proper setbacks, a swimming pool, one- for -one parking and it will support a very nice project. The Council then entered into a very thorough discussion of the differences between the "R -4 ", "R -4 -PD" and "R -5" Districts insofar as density regulations and other pro- visions are concerned. It was also developed that the Chamber of Commerce has recom- mended a review of this entire area toward a uniform classification and the Planning Board is already thinking along these lines. Mr. Roemer indicated he would prefer to have the Council act on his petition to rezone the property to the "R -5" District, and submit the plans and specifications for the development at the time they are completed. He felt sure everyone would agree it would be a most attractive structure. During further discussion, Mr. Roemer also mentioned that the construction of thirty apartments was the maximum contemplated due to the off - street parking requirements. Discussion continued in an attempt to clarify all of the technicalities involved in these several classifications of the Zoning Ordinance. President McCall eventually requested that Mr. Schoenfeld be contacted and asked to come to the meeting to explain the points on which there was apparently some misunderstanding. It was the consensus of the Councilmen that the Planning Board should be requested to review and study the zoning of the area westerly from Webster Street. There being no objections, then, the Order of Business proceeded to the next item on the agenda, to return to the matter of this Hearing at 9:30 o'clock. REPORTS OF OFFICERS, BOARDS, ETCETERA: 11. From City Manager, reporting all work satisfactorily completed on the project of Constructing Storm Drainage Culverts on Lincoln Avenue from Oak Street to Sherman Street, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Schacht moved the recommendation of the City Manager be adopted; that the specified project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Petersen and unanimously carried. In this connection, Mr. G. N. Pope, 1820 Bay Street, asked to be heard. He said these gutters have been constructed so that they protrude above the surface of the street about one and one-half inches at certain of the intersections. He raised the question of this being a hazard to people crossing the street. Mr. Hanna explained that work on the resurfacing of Lincoln Avenue should start in July, in the course of which the new surface would be brought in flush with the edge of the gutters. However, he said, if this condition is considered a hazard some cut- back could be applied to temporarily provide relief from any tripping danger. It was so ordered. 12:i At this point, Mrs. Gabriella Ramm, 2149 Pacific Avenue, commented that since the resurfacing of Pacific Avenue she had had difficulty with drainage from laundry trays in her home. Mr. Hanna offered to have the matter investigated through the Engineering Department, with a view to correcting the situation. 13. From City Manager, reporting all work satisfactorily completed on the project of Constructing Storm Drainage Culverts on Lincoln Avenue from Bay Street to Ninth Street, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Collischonn moved the recommendation be approved; that this project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Petersen and unanimously carried. 14. From City Manager, reporting all work satisfactorily completed on the project of Furnishing and Erecting a Chain Link Baseball Backstop and Adjacent Fencing in Krusi Park, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Schacht moved the recommendation be followed; that the said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Freeman and unanimously carried. 15. At this time, President McCall commented on his pleasure at seeing the use to which Encinal Terminals has put its property on Pacific Avenue between Benton and Sherman Streets by constructing a parking lot. Earlier indications were that a warehouse was contemplated. Mr. Hanna reported that the entire area would be paved with the exception of an eight-foot marginal strip between the sidewalk and the paving. This strip will be landscaped. At this point, a ten-minute recess was declared, after which the Order of Business was referred again to "Hearings", and the matter of the requested rezoning of the par- cel known as 434 Central Avenue, HEARINGS: 16. At the request of President McCall, Mr. Schoenfeld, Planning Director, explained to the Council that, should the action be to rezone this parcel, approximately ninety feet by fourhundred eighty-two feet, to "R-5", the petitioner would be able to erect approximately fifty-three units, providing he could-comply with side yard and one-for- one off-street parking regulations. This District also limits any one structure to a total of twelve units. Mr. Schoenfeld next explained the steps of the procedure the developer would be required to take in the event this parcel were rezoned to an "R-4-PD" District. Councilman Freeman asked how many units could be placed on this acre of land, if it were "R-4-PD", and Mr. Schoenfeld replied this would be whatever, in the opinion of the Planning Board, would be a proper number of units for the given site with the given surrounding conditions. He added, in reply to a further question, that the number of units in developments being approved in the "R-3-PD" District on the South Shore have been, in some cases, thirty-six units and, in others, thirty-eight units to the acre. The thirty units contemplated by the developer would not be a problem in the "R-4-PD" District and, as a matter of fact, would be very close to the allow- able maximum under the "R-4" zoning - the only "catch" being the stipulation that there shall be no more than ten units per lot of record. In reply to a question by President McCall, Mr. Schoenfeld expressed the opinion that changing the zoning of this single parcel to "R-5", in spite of its proximity to the William G. Paden School, and in view of the zoning of the surrounding area being "R-4" and "R-3-PD", would be "spot zoning". He also felt that rezoning to "R-4-PD" would be more beneficial to the developer and to the community than a change to "R-5". Mr. Roemer, after ascertaining that three ten-unit apartment houses could be con- structed on this lot if it were in an "R-5" category, without getting into the sub- division problem, reiterated his request that the application of his Company for 202 rezoning to the "R -5" District stand as submitted and the Council approve it on the merits of the Company and the reputation it has earned. He felt that the additional costs involved in submitting the information which would be required under the "PD" category, and the uncertainty of the outcome, might force the Company to withdraw its petition and not go ahead with the project. Mr. Gunston addressed the Council again and objected to this rezoning on the grounds that it would be financially beneficial to one property owner against the wishes of the majority, and was therefore discriminatory. He expressed the opinion that the matter of rezoning the entire area to "R -5" should be referred to the Planning Board. The Hearing was then declared closed, and the matter referred to "Introduction of Ordinances ". Councilman Freeman thereupon moved the Council disapprove the action of the Planning Board - which was a "deemed approval" because of its failure to make its recommendation on the application for rezoning within the prescribed time - and n ow rezone the parcel in question to the "R -4 -PD" District. She felt this would be in the best interests of a 11. The motion was seconded by Councilman Collischonn. Councilman Schacht, speaking on the question, inquired as to the effect oft his motion on the introduction of an ordinance. Mr. Annibale replied that it w as possible at this time to modify the zoning in the ordinance to be introduced to "R- 4 -PD ", rather than to "R -5 ". Councilman Collischonn expressed the opinion that rezoning the prop- erty in question to "R -5" would establish a precedent and it seemed obvious that the Planning Board could not very well recommend rezoning the balance of the area to a higher classification. He said he realized there was a calculated risk with Values, Inc., and their plans, but a rezoning to "R -4 -PD" would be in the best interests of the City. Councilman Petersen believed action should be initiated to rezone and the reclassification should be consistent with the recommendations of the Planning Board; that is, "R- 4 -PD ", or "R -5 ", for such portions as recommended by the Board. The question was then put and on roll call the motion was lost by the following vote. Ayes: Councilmen Collischonn and Freeman, (2). Noes: Councilmen Petersen, Schacht and President McCall, (3). Absent: None. INTRODUCTION OF ORDINANCES: 17. President McCall introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (434 Central Avenue - from "R -4" and "R -3 -PD" Districts to the "R -5" District). UNFINISHED BUSINESS: 18. In accordance with the thinking developed during the course of the Hearing, Councilman Petersen moved the areas now zoned "R -4" and "R -3 -PD" in this vicinity, in which William G. Paden School is located, be referred to the Planning Board for study and recommendation for rezoning to the "R -5" District. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Council- men Collischonn, Petersen, Schacht and President McCall, (4). Noes: None. Not Voting: Councilman Freeman, (1). Absent: None. NEW BUSINESS: Y'9. Councilman Freeman stated she has been quite concerned with the increasing estab- lishment of "amusement devices" along the South Shore and, if agreeable to the Council, she would like to have the City Attorney investigate the situation to ascertain if there is any way in which the City can control this type of development. Mr. Annibale stated he could submit a report on this question prior to the next meeting. 20. President McCall said he had been asked to present for consideration the matter of a fireworks display somewhere on the South Shore on July 4. He mentioned the cost has been estimated at a maximum of $3,000., and he felt some of it would be paid by the Chamber of Commerce and the merchants. He offered the suggestion that possibly the City could plan a program in recognition of the new fifty -star flag which can be officially flown for the first time on that date. Following some discussion on the subject, it was the consensus of the Council that no City funds should be expended for this purpose. RESOLUTIONS: 21. The following resolution was introduced by Councilman Schacht, who moved its adoption: 203 "Resolution No. 6066 Authorizing the Acquisition of Certain Real Property for Public Street and Highway Purposes -- Tilden Way (Rosaria Cir imelli)." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 22. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 6067 Resolution of the Council of the City of Alameda in Support of H. R. 9899 Relating to Improvements of Shipbuilding Conditions on the West Coast." The motion to adopt said resolution was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 23. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 6068 Adopting Specifications, Special Provisions and Plans for Planting and Establishment of Lawn for a Portion of Krusi Park, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: �4V "Ordinance No. 1331, New Series An Ordinance of the City of Alameda Repealing Section 12 -571, Article 7, Chapter 5, Title XII, of the Alameda Municipal Code, Relating to the Regulation of the Hours of Sale of Uncured or Uncooked Meats." Councilman Petersen moved the ordinance be adopted as submitted. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Councilmen Freeman, Petersen, Schacht and President McCall, (L). Noes: None. Not Voting: Councilman Collischonn, (1). Absent: None. FILING: 25. Specifications, Special Provisions and Plans No. PW 5 -60 -9 - Planting and Establishment of Lawn for Portion of Krusi Park. BILLS: 26. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of $43,732.92, 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 Schacht moved the bills as itemized in the List of Claims filed with the City Clerk on May 3, 1960, and presented to the Council at this meeting, be allowed and paid. The motion was seconded by Councilman Collischonn and carried on the follow- ing roll call vote. Ayes: Five. Noes: None. Absent: None. ADJOURNMENT: 27. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, May 17, 1960, at 7:30 o'clock. Respectfully submitted,