1959-07-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY EVENING, JULY 7, 1959
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 a most inspir-
ing Invocation delivered by The Reverend Mr. Robert F. Hakes, Pastor of Calvary
Baptist Church.
ROLL CALL:
The roll was called and Councilmen Collischonn, Freeman, Petersen, Schacht and
President McCall, (5), were noted present. Absent: None.
WRITTEN COMMUNICATIONS:
1:( From Mr. and Mrs. James Cable, 3276 Washington Street, in protest against certain
variances granted by the Planning Board for the property at 3270 Washington Street.
The matter was referred to the City Planning Board.
2; From Mr. John Hahan, 2114 Clinton Avenue, in protest against the noisy people using
the lagoon in the vicinity of Willow Street and Clinton Avenue.
In response to President McCall's question concerning enforcement, Mr. Weller stated
he believes "No Trespassing" signs are now being made which will be posted along the
lagoon system. At present, the problem places the Police Department in the difficult
position of trying to determine if someone is actually trespassing or is on private
property by invitation - unless a complaint has been made by a specific property owner.
Considerable discussion was had - it being felt that signs should have been posted
some time ago. Mr. Hanna stated the South Shore Land Co. has ordered sixty -five signs
and the consensus is that the public has to be warned by signs before trespassing can
be effectively. controlled.
Mr. Hanna was asked to contact the "Company" and urge it to expedite the erection of
the signs.
At this time, Councilman Schacht spoke of the number of cars which park along
Shoreline Drive and pointed out that if proper parking spaces were marked on this
street, it would give room for more cars to park. He mentioned that some people
leave too much space between cars and thus deprive others of a normal parking space.
He felt something should be done about this situation, as there is such a shortage of
parking spaces now and if the street is marked, there will be more spaces available.
It was pointed out the street system on the South Shore has not yet been accepted and,
therefore, the City would have no jurisdiction, over Shoreline Drive in this respect.
However, in response to Councilman Schacht's request, Mr. Weller stated he would con -
vey the suggestion to South Shore and Co.-
)4 From Mr. Irving Caster, Architect, of San Mateo, requesting a variance to allow
the carport overhang to encroach two feet into the access road (Raleigh Place), in
connection with the construction of the garden apartments in Block 6, Tract 1866,
South Shore, which is being developed by Mr. Jack Younger.
It was suggested that possibly the wiser action would be to abandon this narrow road,
which is only twenty -four feet wide.
Mr. Hanna pointed out this certain area contains ten lots and was developed and approved
under the Subdivision Ordinance procedure. The access road in question is a dedicated
street which necessitates maintenance by the City and the problem created by the pro-
posed overhang encroachment is that the street sweeper could not be driven along each
side as there is not sufficient clearance.
Mr. Caster asked if the access road could be reduced to twenty feet and retain the
overhang because he believes such construction presents a much better appearance -
then the City would have to maintain only that width and the property owners could
take care of their respective two feet under the overhang. This was deemed to be
impractical.
Mr. Younger stated three street lights have already been installed in this block and
he had spent quite a sum of money in constructing the street to City specifications
so it could be dedicated and maintained by the City.
Mr. Hanna felt the street is entirely too narrow - there will be one hundred apartments
in this development and he thought there would probably be a moving van using this
accessway most of the time. He pointed out it is not intended for general public use
but is really a private accessway.
Following further discussion, the City Attorney was directed to prepare a Resolution
of Intention to Order the Vacation of said Street for consideration at the next meet-
ing of the Council.
5: From Mr. Frank Gottstein, 731 Haight Avenue, commenting on the newspaper article
of some time ago that A- lameda would not have an increase of taxes because of the
increased revenue from the Municipal Electric Light Plant.
The communication was noted and ordered filed.
ORAL COMMUNICATIONS:
6. Mr. John N. James, Attorney, appeared on behalf of Mrs. Christine Hansen, owner
of property at the southwest corner of Blanding Avenue and Park Street, as well as
other interested parties. He referred to the two matters on the agenda concerning
proposed amendments to the Zoning Ordinance relative to Used Car Lots and the number
of employees in connection therewith and the permitting of commercial establishments
in manufacturing districts. Mr. James pointed up the fact that the existing Zoning
Ordinance provides for the discontinuance of all non - conforming uses under its regu-
lations by August 1, 1959. He emphasized there are a number of long- established
businesses affected by this provision and rather than adopt legislation hastily to
legalize a certain few, without adequate consideration for the entire situation, he
felt the sensible solution to the problem would be to extend the deadline on these
non - conforming uses on unimproved property for another year. This would give oppor-
tunity for a comprehensive study. Therefore, he asked that the ordinance for con-
sideration at this meeting with regard to Used Car Lots be modified to include an
amendment to Section 11- 151(a) of the Zoning Ordinance to extend the period with
reference to non - conformity on unimproved parcels from one to two years - to
August 1, 1960.
Mr. Annibale stated the City Manager, Planning Director and himself had conferred
with Mr. James this afternoon concerning this problem and they are in agreement this
procedure would be proper.
It was suggested that possibly six months' additional time would be sufficient, but
Mr. James contended the Planning Board would need the year's time to be able to do
a thorough and serious study. There was considerable discussion on the advisability
of setting up the shorter period and it was finally determined the one -year extension
would be allowed. It was also agreed this modification would be included in the ordi-
nance to be introduced this evening under emergency provision.
7v Mr. W. J. Seaborn, 2014.0 Mendelsohn Lane, Saratoga, stated he owns the property
at 2436 Santa Clara Avenue at which the Good Chevrolet is established. He said he
has invested considerable money in Alameda and is willing to expend more to make
further improvements in his properties but expressed concern about whether the Zoning
Ordinance would adversely affect this automobile firm. He emphasized the fact they
should know now so the financial arrangements would not be jeopardized.
Mr. Seaborn was assured this situation would be rectified by the introduction of the
aforementioned ordinance.
8. Mr. Frank Gottstein, 731 Haight Avenue, concurred that the Police Department has
a problem in determining when it can chase individuals off private property as tres-
passers. However, he cited a case of people being on the beach late at night, making
noise and swearing and'he thought the Police could have dispersed these individuals
on the charge of disturbing the peace.
He agreed the posting of signs will help but the City is going to have to get tough
and really keep the area cleared - the property owners want this protection.
Mr. Gottstein referred to the red markings on some of the driveway curbs and inquired
if this is usual City practice and if a charge is made. Mr. Hanna replied this is
done as a courtesy to the property owner to give him better clearance on his approach
and there is no charge. Mr. Gottstein spoke of the trouble he has with people block-
ing his driveway and said he would like to have such red marking on each side of his
approach - but he thought there should be a charge made for it. He felt many people
would like to have this done in their cases. He suggested this system of painting
driveway curbs be adopted and the City charge for it.
The City Manager was instructed to have this matter investigated.
HEARINGS:
9. The matter was called up concerning the reclassification of certain property. on
the west side of Willow Street, owned by Paul R. Shumaker, M. D., from "R- 4 -PD ",
Neighborhood Apartment - Planned Development District, to the "AP ", Administrative -
Professional District.
The Clerk stated there is on file the Affidavit of Publication of the Notice of
Hearing. The Planning Board has recommended the rezoning of said parcel. There were
no protests registered against said reclassification and the matter was then referred
to "Introduction of Ordinances ".
REPORTS OF OFFICERS, BOARDS, ETCETERA:
10. From City Planning Board, signed by Mr. Schoenfeld, Secretary, recommending the
amendment of Zoning Ordinance No. 1277, N. S., to permit Used Car Lots in a "C -2 ",
Central Business District, and to delete the restrictions on the number of employees
in connection therewith.
The next regular meeting of the City Council on July 21, 1959, was set for the time
of Hearing in this matter. The recommendation was then referred to "Introduction of
Ordinances ", in order that the procedure might be expedited.
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11{. From City Planning Board, signed by the Secretary, concerning Council Resolution
No. 5952, relative to permitting commercial establishments in manufacturing districts -
and informing the Council the Board had continued the Hearing on the subject to its
meeting of July 13, 1959.
The communication was noted and referred to the file on the subject, pending receipt
of further information.
12`/ From City Planning Board, signed by the Secretary, notifying the Council that
the Master Tree - Planting Plan and Specifications for South Shore Units Nos. 1, 2 and 3
was adopted by the Board at its regular meeting of June 29, 1959.
The information was noted and the communication ordered filed.
INTRODUCTION OF ORDINANCES:
13. Councilman Freeman introduced the following ordinance, after which it was laid
over under provision of law and the Charter:
"Ordinance No.
New Series
An Ordinance Amending Sections 11- 1222, 11- 132(a),
11- 136(a) and 11- 162(a) of the Alameda Municipal
Code, All Relating to Home Occupations."
14. Councilman Collischonn 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, N. S." (Shumaker)
15. Councilman Petersen introduced the following ordinance, after which it was laid
over under provision of law and the Charter:
"Ordinance No
New Series
An Ordinance Amending Chapter 1 of Title XI of the
Alameda Municipal Code, Relating to Permitting Used
Car Lots in a C -2 District, and Removing Restrictions
on the Number of Employees Thereof."
Mr. Annibale explained this ordinance has now been modified to include the amendment
to extend the provision for non- conforming uses for an additional year, or to August 1,
1960. Also, after the Hearing set for the next meeting, the ordinance can be adopted
and become effective immediately under its emergency clause.
16. Councilman Schacht introduced the following ordinance, after which it was laid
over under provision of law and the Charter:
Ordinance No.
New Series
An Ordinance Authorizing the Acquisition of Certain
Real Property for Street, Highway and General
Municipal Purposes (Tilden Way -- McDonald)."
UNFINISHED BUSINESS:
17. Councilman Petersen stated that, at the last regular meeting on June 16, 1959, he
had inadvertently cast a "Yes" vote for the adoption of the particular resolution
appointing a member of the Board of Education. He requested that the record show that
he had abstained from voting on this resolution in view of the fact he is an employee
of the Alameda Unified School District and has, in the past, abstained from voting on
similar resolutions.
It was so ordered.
RESOLUTIONS:
l8:
"Resolution No.
Resolution of the Council of the City of Alameda, on
Its Own Initiative, to Refer to the City Planning
Board for Action the Matter of the Amendment of
Ordinance No. 1277, N. S., Relating to Off- Street
Parking Regulations and Restrictions."
Councilman Petersen read a prepared statement, dated July 6, 1959, setting forth his
proposed amendments with regard to parking regulations in the established business dis-
tricts of Park and Webster Streets and his reasons for suggesting them.
Considerable discussion ensued and it was developed that the principal effect of the
proposed amendments would be to eliminate off - street parking requirements for central
business districts - but the present regulations would continue to apply to major
shopping centers. Also, the requirements in neighborhood business districts would
be modified.
Councilman Schacht expressed disapproval of the regulations as set forth in this reso-
lution, although he agreed it would be in order for the Planning Board to be asked to
review the off - street parking requirements and study the situation.
President McCall spoke at length concerning the number of vacant and unsightly prop-
erties on Park Street and emphasized that some changes must be made in the strict off -
street parking requirements before anyone will be interested in renovating or rebuild-
ing in this district, due to the costs involved in adhering to the Building Code
requirements plus the large area needed to provide off - street parking.
Councilman Freeman then moved the adoption of the resolution. The motion was seconded
by Councilman Petersen, who stated he was merely employing this method in an attempt
to present the matter to the Planning Board for its consideration and recommendation
and he fully realized the amendments as suggested by him might very well be modified
considerably as a result of its study.
Councilman Collischonn stated he did not approve of this method of bringing the matter
to the attention of the Board. He felt this was an injustice to the Board by setting
forth specific amendments. He agreed there is need for some changes but he suggested
Councilman Petersen should direct a letter to the Board, asking it to study or review
the situation in general.
Councilman Petersen then suggested the motion and second be withdrawn and his state-
ment of July 6, 1959, be transmitted to the Board with the recommendation that the
Board study the matter in question. The motion and second were thereupon withdrawn
by Councilmen Freeman and Petersen and the Clerk was asked to submit the matter to the
Board.
19. The following resolution was introduced. by Councilman Schacht, who moved its
adoption:
"Resolution No. 5971
Authorizing Execution of Agreement with the State of
California, Department of eis h and Game, Relating to
Installation of Certain Facilities at North End of
Grand Street (Small Boat Ramp)."
The motion to adopt said resolution was seconded by Councilman Freeman and on roll
call carried by the following vote. Ayes: Five. Noes: None. Absent: None.
The President declared the foregoing resolution duly adopted and passed.
ORDINANCES FOR PASSAGE:
20. "Ordinance No. 1308,
New Series
An Ordinance Amending the Alameda Municipal Code by
Adding Thereto a New Section, Numbered 17- 344.1,
Relating to 24- Minute Parking Limit." (West side
Everett Street, between Santa Clara and Central Avenues)
Councilman Collischonn moved the ordinance be adopted as submitted. The motion was
seconded by Councilman Schacht and on roll call carried by the following vote. Ayes:
Five. Noes: None. Absent: None.
FILING:
21. Financial Statement - Bureau of Electricity, as of May 31, 1959 - Verified by
Hackleman & Larzelere.
22. Agreement - between State and City re Installation of Certain Facilities at
North End of Grand Street.
BILLS:
23. An itemized List of Claims against the City of Alameda, and the Departments
thereof, in the amount of $58,449.68, was submitted 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 July 7,1959, and presented to the Council at this time, be allowed and
paid. The motion was seconded by Councilman Collischonn and on roll call carried by
the following vote. Ayes: Five. Noes: None. Absent: None.
ADJOURNMENT:
24. There being no further business to come before the meeting, the Council
adjourned - to assemble in regular session on Tuesday evening, July 21, 1959, at 7:30
o'clock.
Respectfully submitted,
CIA-y—glerk
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