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1958-04-15 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, APRIL 15, 1958 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman, followed by an inspiring Invoca- tion delivered by The Reverend Mr. Frank P. Randall, Minister of the First Congre- gational Church. 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 1, 1958, were approved as transcribed. WRITTEN COMMUNICATIONS: Protests were registered against the proposed new Zoning Ordinance or requests were made to postpone action thereon by the following persons or organizations: 2. Mr. and Mrs. Dorrington B. Mott, 1244 Hawthorne Street. 3. Mesdames Frances Saxon and Bernice Good, owners of property at 1127 Pearl Street, 4. Alameda Real Estate Board, signed by Mr. W. J. Justin, Jr., President, 5. West Alameda Association, Inc., signed by Mr. Hugh C. Roach, President. 6. Mr. S. J. Dowling, Jr., 1731 Moreland Drive. 7. Westside Baptist Church, 1533 Sixth Street, signed by The Reverend Mr. Charles M. Lemmex, Pastor. 8. Alameda Chamber of Commerce, signed by Mr. Martin C. Kauffman, Chairman, Housing and Property Development Committee. 9. East Shore Home Owners' Association, signed by Mr. Howard C. Randall, President, 10. Boyden-Hansen Company, signed by Mr. George T. Hansen. 11. Mr. and Mrs. Kenneth M. Stanton, 1355 Hanson Avenue. 12. Mrs. William Ross, Jr., 1362 East Shore Drive. 13. Alameda Real Estate Board, signed by Mr. W. J. Justin, Jr., President. 14. Mrs. Raymond W. Parker, 1340-A Pearl Street. 15. Miss Grace Matthews, 2035 Clinton Avenue. 16 Mr. and Mrs. Joseph P. Lee, 2043 Clinton Avenue. 17. Petition signed by thirty-nine property owners in the vicinity of Franklin Park. All of the foregoing communications were referred to the Zoning Ordinance file for further consideration during the Public Hearing scheduled for this meeting. 18. From Miss Mildred S. Meyers, 2021 Alameda Avenue, expressing appreciation to the Council for its elimination of the "T" Special Transition Combining District. 19. From Bay Farm Island Improvement League, signed by Mrs. Alice S. Gronner, Sec- retary, requesting the establishment of a "Yield-Right-of-Way" sign at County Road and Maitland Drive, Councilman Collischonn suggested the City Manager ask the Chief of Police to review the traffic conditions in this area and make a further recommendation to the Coun- cil. It was so ordered. 20. From Alameda Council Parent-Teachers Association, signed by Mrs. Irene Moresi, Legislation Chairman, recommending the Alameda County Board of Supervisors take steps to set up Mental Health Services, under the Short-Doyle Act - and asking the City Council to adopt a resolution to this effect to be sent to the Board. Councilman Freeman stated she would like to have the Council take a definite stand on this matter - study the Short-Doyle Act and draw a concrete conclusion - and notify the Board of Supervisors accordingly. It was determined the City Manager would procure copies of the Short-Doyle Act for the Councilmen and the matter would be laid over to the next meeting for decision at that time. It was so ordered. President McCall requested that the Clerk express the Council's appreciation to the local Parent-Teachers Association Council for its recommendation in this matter. 4 21. From Alameda Chamber of Commerce, signed by Mr. Jerry C. Jacobs, President, offering to reimburse the City for customers' free use of the parking lots during the "Retail Promotion" days, to be sponsored by the merchants on May 19, 20 and 21, on the basis of the average daily revenues, plus ten per cent. In response to Councilman Petersen's question, Mr. Philip Nutzman, General Manager of the Chamber, stated the monies to pay the City will come from donations made by the Alameda Merchants Stamp Association. 04 The matter was then referred to "Resolutions ". At this point, President McCall stated that, if there were no objections, he would refer the Order of Business to "Resolutions" in view of the lengthy Hearing contemplated. RESOLUTIONS: 22. The following resolution was introduced by Councilman Schacht, who moved its adoption: "Resolution No. 5765 Amending Salary Resolution No. 5656 by Creating The New Position of 'Instructor Aide' in the Recreation Department and Fixing the Salary Thereof." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noss: None. Absent: None. 23. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5766 Approving Final Map of Subdivision Known as Tract No. 18J9, Submitted by Bay View Development Corporation." 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. 24v The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5767 Resolution of the Council of the City of Alameda Approving in Principle the Method of Construction of a New Fruitvale Avenue Bridge, with Approaches Thereto, and the Financing Therefor, as Set Out in Letter of City Manager Dated April 8, 1958, Attached Hereto." 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. 25. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5768 Amending Resolution No. 5472 Relating to Public Off- Street Metered Parking Lots; Allowing All or Any of Such Parking Lots to be Utilized by the General Public Without Meter Charge Upon Payment to the City of a Flat Daily Rate Covering All Lots Utilized." 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. The meeting was then referred back to the regular Order of Business and continued under the heading of "Hearings ". HEARINGS: 4 26. The matter was called up concerning the proposed new Zoning Ordinance. The Clerk stated the Affidavit of Publication was on file, indicating the Notice of Public Hearing had been published on April 4 and 11, 1958. At this point, Councilman Collischonn asked if it would be appropriate for him to request, with the consent of the other members of the Council, the elimination of the following provisions of the proposed Zoning Ordinance: (1) The "T" Special Transition Combining District; (2) The modification of the "PD" or planned development zone, as expressed in the joint meeting of the Council and the Planning Board on April 8; and (3) The modification of Sec. 11 -1344, ML - Limited Indus- trial District, as it applies to the use of the thirty -foot front yard area. Upon Mr. Weller's advice, it was agreed Mr. Schoenfeld, Planning Director, should make his explanatory presentation prior to the time any modifications would be made by the Council. Mr. Schoenfeld thereupon submitted a resume of the planning involved in the proposed Zoning Ordinance based upon the Outline Master Plan which was approved by the Planning Board on April 30, 1956, and subsequently was approved by the City Council with minor amendments. He emphasized the Master Plan is a "policy statement" on the part of the Council, expressing the will of the community, express- ing its policy on land use - residential, commercial, industrial and special community facilities. It is also a statement of a pattern of density for the community, as well as a recognition of locations for certain major elements such as parks, schools, shopping centers, highways, etcetera. The densities approved by the Council and by the Planning Board are as follows: Range Persons Per Acre Zones Low 0 to 30 R-1 and R-2 Low-medium 31 to 60 R-2 and R-3 Medium 61 to 90 R-3 to R-5 High-medium 91 to 150 R-6 Mr. Schoenfeld stated the basic philosophy of the Planning Profession is that the higher density areas shall be concentrated close to where there is available the most community facilities - traffic, shopping and all other supporting facilities. As one gets away from the higher density areas, the population density should logically thin out, as it does for the most part. There are certain indications which should be kept in mind when discussing the drastic upheaval of such a pattern. It can be fairly said that, with a marked step-up in the densities over large areas it can be expected in the future, as such areas are developed according to such a pattern, there will be an overloading of the streets, a breakdown in their capacity to handle the traffic at peak hours - and it will require the widening of certain streets, and subsequently, bond issues, with their implied debt service load. He cited Willow Street as a good example of one which will surely have to be widened if the benefits are increased beyond what is proposed now. Also, in certain areas, the sewers would be overloaded since they were designed to take care of a lower resi- dential population. If the density pattern is upset too greatly there are disloca- tions in the school pattern, causing overcrowding and the necessity for expansion of some schools at great expense to the School District. Mr. Schoenfeld mentioned that the Planning Board has received from time to time many communications from various groups presenting their views on the proposed Zoning Ordinance. He said his file indicates both the Board and the Planning Department have gone out of theirT,ay to solicit the cooperation of these groups in molding this ordinance into a useful and workable document. He felt the officials had not received any concrete help from any of these people who now claim they need more time to study the ordinance. Mr. Weller pointed out the first action of the Council ought to be to withdraw the ordinance presently before it. This was introduced on April 1, exactly as submitted by the Planning Board. After its withdrawal, then any modifications can be made to the proposed Ordinance. Councilman Collischonn thereupon withdrew his introduction of the Zoning Ordinance as originally presented. Councilman Petersen asked for an explanation of the "PD" designation and Mr. Weller said his understanding of the sense of the Council is that the present zones as recommended by the Planning Board would be used, with the suffix "PD" added - in other words, the underlying zoning would be maintained. To further clarify this phase of the ordinance, Mr. Schoenfeld indicated on the Zoning Map the areas so designated. Councilman Petersen felt the members of the Council should have reduced-size copies of the Zoning Map in order to be able to ascertain what changes in the zones are being made from the existing districts and requested that such be furnished. Mr. Schoenfeld pointed out that if the Zoning Map were reduced to a manageable size, it would be too small to be of any help. Councilman Freeman suggested an over-lay of the Zoning Map be made available to the public. It was determined the Zoning Map with an over-lay and the Land Use Map would be set up in the Council Chamber for the two weeks prior to the next Council meeting, for the information of all interested persons. The following parties then addressed the Council on the subject. Mr. Howard C. Randall, President of the East Shore Home Owners' Association, com- mented the primary concern of his group is the lack of time for the ordinance to be discussed. He said his Association is interested in the over-all effects of the ordinance throughout the City, not just in its particular area. Mr. W. J. Justin, Jr., President of the Real Estate Board, stated his organization has been interested in this program for the past two years and has been indicating to the Planning Board that this ordinance would decreaae the City's population by requiring more land on which to build apartment houses, thus restricting developers. He stated the Real Estate Board had secured the services of a consultant from Oakland to get the viewpoint of an "outsider" on the proposed Ordinance and Mr. Justin asked that Mr. Sol Gilberg, Realtor and Consultant for the Oakland Redevelopment program, be allowed to speak. Mr. Gilberg proceeded to read a prepared statement, criticising many provisions of the proposed Zoning Ordinance. He concluded by stating the proposed Zoning Ordinance should be sent back to the Planning Board for a series of work sessions for review with practical experts in the field of economical land use and construction so the growth of Alameda will not be hampered - so the tax base will be increased by more building - so the density of population will be helpfully increased surrounding the central and general business districts - so appeals will be submitted to a thorough, democratic process. Mr. Gilberg also gave a brief resume of the Zoning Ordinance of the City of Oakland. It was requested the Clerk obtain Mr. Gilberg's critique and make copies for the members of the Council and the Planning Board. Mr. Schoenfeld commented he had attended the recent Hearing held before the Oakland Planning Commission on the General Plan for that City. He presented several com- parisons in the zoning districts of Oakland and Alameda, as contemplated. Mrs. James Wiley, 1232 St. Charles Street, stated she had no comment - but she would like to have Mr. Schoenfeld read the objectives of the Outline Master Plan of the City of Alameda, which was done. Mr. Bauer Kramer of the law firm of Aiken, Kramer & Aiken, Oakland, addressed the Council on behalf of those thirty-nine residents in the vicinity of Franklin Park who signed the petition, requesting the neighborhood be designated "R-1". He pointed out the proposed ordinance indicates the zoning as "R-2". The area in question is on San Antonio Avenue, between Paru and Morton Streets, and both sides of Morton Street, between San Antonio and Encinal Avenues. He said these two blocks contain no vacant land - it is a region of older homes, well maintained, which are a credit to the reputation Alameda has as a residential City. He felt the proposed change of zone would create a "spot zoning" area and would lower the quality of the residences and of the area in general because he thought it is well recognized in zoning practices that where a residential area is rezoned from single- family to multiple-family dwellings, there is a loss of pride in maintenance of the homes - there is a gradual moving out on the part of the old families and a com- ing in of a number of families - a decrease in the resale value of the property which, in turn, affects indirectly those areas and residences adjacent to it. He said the petitioners wish to be on record in protest against the proposed change. Considerable discussion ensued on this matter, Mr. Schoenfeld agreeing he had no particular objection to the zoning remaining as it now exists. Mrs. L. E. Ziegenfuss, 1128 Morton Street, (southeast corner of Morton Street and Encinal Avenue), stated it would be to her advantage if her property were rezoned to "business". She pointed out it is presently a multiple dwelling. President McCall stated he did not believe there was any objection from any member of the Council to establishing this area as an R-1 Zone. Mr. Ray Lewis appeared and stated he operates a grocery market in this area. He said he felt very strongly that the zoning should remain as it has been. Mr. Myron Feigenberg of Berkeley stated he had done some building in Alameda and his objection to the Ordinance would apply to individuals as well as developers. He questioned the limited time provided for starting construction of a building. Another protest he wished to register was against the provision whereby, in the event of a fifty per cent loss, a structure could not be replaced. He suggested the Ordinance be given more study. At this point, President McCall expressed the Council's appreciation for the interest shown in the proposed Zoning Ordinance by the attendance at this meeting of many representative groups. He felt that, before the Council could make a decision, it is going to have to take a "real serious look" at the proposed Zoning Ordinance. He pointed out this matter has been under study for a year and a half and he commended the members of the Planning Board, present and past, who have given up many even- ings and have worked very hard in drawing up this Ordinance. He mentioned that when the Planning Board held its Hearings on the proposed Ordinance, it did not have such a group present as is here at this meeting. Councilman Collischonn thereupon moved the action of the Council to introduce the proposed Zoning Ordinance at its meeting on April 1, be rescinded and the Ordinance be withdrawn. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five, Noes: None. Absent: None. Councilman Collischonn also moved the Council refer the proposed Zoning Ordinance back to the Planning Board for further study, with the stipulation that the "T" Special Transition Combining District be eliminated from the Ordinance - the "PD", Planned Development, classification be modified in keeping with the Council's thinking - the section on "ML", Limited Industrial, classification be modified as it applies to the use of the thirty-foot front yard - and the area on San Antonio Avenue, between Morton and Paru Streets, and both sides of Morton Street, between San Antonio and Encinal Avenues, remain in the R-1 District, as it is now. It was developed that all of this particular area is not at present in the single- family district. Mr. Schoenfeld pointed out that, at present, the west side of Morton Street between San Antonio and Encinal Avenues is zoned "A" One-Family Dwelling District - but on the east side, the first three lots immediately south of Encinal Avenue are now in the "C" Multiple Dwelling District. The remainder of the block is in the "A" District, together with the north side of San Antonio Avenue, as described. After further discussion, Mr. Kramer stated it is the understanding of those who signed the petition this area is presently zoned as "R-1". If that isnot the case, he suggested the decision which is called for here would be to restore this area to "R-1", allowing such non-conforming uses as have been approved in the past, thereby no one will be deprived of rights he has acquired and the basic concept would be maintained. President McCall stated he felt that is what the Council is trying to attain. At this point, Councilman Schacht seconded the motion, and expressed his views on the proposed Zoning Ordinance, concurring with the decision to refer it back to the Planning Board. He felt everyone interested should attend the Board meetings and let his thinking be known. He pointed out everyone must be realistic - the City is in a competitive field and it cannot be so restrictive that it will have nothing. He stressed that the Council wants a decent tax base and nice living for the com- munity, but he felt there were many hardships which might be created for those who have had property for years and have been making a certain use of it. He thought some of the points mentioned tonight show there may be inequities. He, too, com- mended the Planning Board members for the fine job they have done and thought they had failed to have the cooperation of the citizens in working out these proble ms. Mr. Edward Gamble, 2014 Clinton Avenue, spoke for those in the block on Clinton Avenue, between Chestnut and Willow Streets. He pointed out the proposed Zoning Ordinance indicates this area as "R-6" District. He requested this matter be recon- sidered and the block be placed in an "R-4" District. Lengthy discussion was had on this issue, Councilman Collischonn suggesting Mr. Gamble's request be considered by the Planning Board and that he appear before the Board to express his views, as he has at this meeting. It was determined the Council had no objections to Mr. Gamble's proposal but there was some difference of opinion as to its being made a specific recommendation of the Council to the Board. Mr. Weller stated there is a distinction between the two kinds of recommendations the Council is making. The first three have reference to general types of subjects and he said he would suggest that the Council should not impose too many restric- tions on the Planning Board by indicating there ought to be specific rezonings, but simply ask that the Board reconsider and restudy all of these particular areas which have been referred to this evening. Following further discussion as to the proper procedure to be pursued, Councilman Collischonn stated he would object to withdrawing his motion. Councilman Petersen said he would like to offer an amendment to the motion and thereupon moved that the matter concerning Mr. Gamble's request be incorporated with the original motion, that the block referred to remain in the equivalent classification as it is now. The motion was seconded by Councilman Schacht and on roll call carried by the fol- lowing vote. Ayes: Councilmen Freeman, Petersen, Schacht and President McCall, (h). Noes: Councilman Collischonn, (1). Absent: None. The original motion, as amended, was then carried by the following vote. Ayes: Five. Noes: None. Absent: None. At this point, Mr. Vladimir Turski, 1004 Paru Street, read a prepared statement concerning the need for the "T" Special Transition Combining District to provide for large homes, such as he has, to be properly converted into multiple dwellings. He emphasized the hardship involved in his maintenance of this extremely large house as a one-family dwelling. Mr. Schoenfeld pointed out his only recourse is to dispose of the property or file an application for a re-zoning and appear before the Planning Board. It was determined that, since the Council has referred the Zoning Ordinance back to the Board, it cannot resolve any further questions and all issues should, there- fore, now come before the Board. Mr. Weller pointed out the Board will probably hold one more Public Hearing, and perhaps more, and all questions will be con- sidered then. 27. From the City Manager submitting the request of the Social Service Board for approval of an additional 5.5. in Account No. 146.210 to defray one-half the expenses of the Executive Secretary, Mrs. Myrtle Lytle, in attending the Annual Conference of the California Association for Health and. Welfare, to be held in San Diego, May 4 to 7, 1958. President McCall thereupon declared the Hearing closed. REPORTS OF OFFICERS, BOARDS, ETCETERA: Councilman Freeman moved the request as submitted by the City Manager be granted and the additional be approved for Mrs. Lytle's expenses in attending the specified Conference. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 28. From the City Manager, concerning a proposal in connection with the replacement of Fruitvale bridge. This matter had been taken care of by the adoption of Resolution No. 5767 earlier in the meeting. INTRODUCTION OF ORDINANCES: 29. 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 Amending Ordinance No. 1044, New Series, by Extending Term of Lease of City Property Authorized Thereby. (To United. States for Anti-Aircraft Site - B. F. I.)" ORDINANCES FOR PASSAGE: 30. "Ordinance No. 1266, New Series An Ordinance Authorizing the Acquisition of Certain Real Property for Street, Highway and. General Municipal Purposes (Widening of Willow Street -- Rommell)." Councilman Schacht moved the ordinance be adopted as read. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 31. "Ordinance No. 1267, New Series An Ordinance Authorizing the Acquisition of Certain Real Property for Street, Highway and General Municipal Purposes (Widening of Willow Street -- Wachtel) .tr Councilman Freeman moved the ordinance be adopted as read. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 32. "Ordinance No. 1268, New Series An Ordinance Authorizing the Sale of Certain City- Owned Real Property to the Alaska Packers Association (Portion of Encinal Housing Project)." Councilman Collischonn moved the ordinance be adopted as read. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. FILING: 33. Auditor's Financial Statement - City of Alameda, as of March 31, 1958 - Verified by George A. Hackleman & Co. 34. Financial Statement - Bureau of Electricity, as of February 28, 1958 - Verified by George A. Hackleman & Co. 35. Supplemental Lease Agreement - Between United States and City re Anti- Aircraft Site on Bay Farm Island. BILLS: 36. An itemized List of Claims against the City of Alameda, and the Departments thereof, in the total amount of $22,951.36, 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 Petersen moved the bills as itemized in the List of Claims filed with the City Clerk on April 15, 1958, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 37. At this point, President McCall stated the Council is very proud of the safety record of the employees of the City. He mentioned the City had received a check in the amount of $25,565.61 as a refund from State Compensation Insurance Fund as a result of this fine record. This represents over seventy-five per cent of the City's cost, in this respect, and the employees deserve the credit. The Clerk was instructed to write a letter of commendation from the Council to the City Manager who, in turn, will see that the Department Heads notify their employees the City Council is very proud of the fine work and hope they continue it. ADJOURNMENT: 38. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, May 6, 1958, at 7:30 o'clock. Respectfully submitted,