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1958-10-21 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAI HELD TUESDAY EVENING, OCTOBER 21, 1958 The meeting convened at 7:30 otclock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman Freeman, which was followed by an inspir- inr, Invocation delivered by The Reverend Mr. C. Edgar Manherz, Pastor, First Methodist Church. POLL 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 October transcribed. 1958, were approved as At this point, the President called for the following resolution to be presented: "Resolution No. 5854 Appointing John F. Hanson, Jr. Temporary Part-Time City Attorney, and Fixing Salary of Said Position." Councilman Petersen moved the adoption of the resolution. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. WRITTEN COMMUNICATIONS: 1 3. From The San Francisco Bay Area Council on Alcoholism, Inc., signed by Mr. Austin MacCormick, Chairman, notifying the Council that a meeting was scheduled for Monday, October 20, 1958, at 3:30 oIclock p.m. at Lakeshore Manor - for the purpose of reviv- ing interest in the formation of an Alameda County Committee on Alcoholism. The Clerk stated copies of the notice had been sent to the Councilmen for their information in time for anyone to attend the meeting if he so desired. The communica- tion was ordered filed. IC( From Alameda Realty, signed by Mr. Lowell E. Dug-an, requesting another exten- sion of time to October 28, 1959, in which to complete improvements in Tract No. 1289, due to the fact that the home building program therein is being temporarily deferred. The tract is located south of Otis Drive immediately west of Bay Farm Island Bridge. The letter was accompanied by a recommendation from Mr. Neil P. Clark, Acting City Manager, that the one-year extension of time be granted. Councilman Collischonn thereupon moved the extension of time to October 2', 1959, be granted. The 'motion was seconded by Councilman Schacht and unanimously carried. ORAL COMMUNICATIONS: Mr. Frank Gottstoin, 73] Haight Avenue, snoke of the littering ng still being done on the beaches and urged that some police action be taken and arrests be made in order to stop this practice. HEARINGS: 6. The matter was submitted concerning the reclassification of property located on the east side of Willow Street, south of Clinton Avenue, owned by Dr. Paul R. and Mrs. Astrid E. Shumaker - from the "R-3PD", Garden Apartment District, to the "A-P", Administrative-Professional District. The Planning Board has recommended denial of the petition. In response to the City Attorney's Question, the Clerk stated the Affidavit of Pub- lication of the Notice of Hearing is on file, together with the summary of the recom- mendation of the Planning Board. Also on file is a petition signed by forty-nine doctors in Alameda who believe that a medical office building, such as Dr. Shumaker pronoses, would, be of benefit to Alameda medicine and to the City. At this time, the Clerk read a letter from Dr. Shumaker, received just prior to the Council meeting this evening, requesting the Council to continuo the Hearing on his case until its next regular meeting. The President inquired if there were any present who objected to the requested continu- ance. There being no response, Councilman Schacht moved the Hearing on said Petition be continued to the next regular meeting of the Council, to be held uedneseay, Novem- ber 5, 1958, and all parties interested be ordered to anrear at that time. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 4 7. The matter was presented with regard to the reclassification of property situ- ated at Versailles Avenue and Fernside Boulevard, owned by Standard Oil Company and doing business as Signal Oil Company - from the "R-2", Two-Family Residence District, and "C-1", Neighborhood Business District, to the "M-1", Intermediate Industrial (Manufacturing) District. The Planning Board has recommended denial of the petition. Mr. Hanson stated this Hearing is being held pursuant to Sections 11-171 to 11-177, inclusive of the Alameda Municipal Code and he inquired of the Clerk if the Affi- davit of Publication of the Notice of Hearing and the summary of the findings and recommendation of the Planning Board is on file, to which an affirmative answer was given. The Clerk also read a petition signed by three hundred thirty-three residents of the City, urging the Council ,to apnrove and sustain the action of the Planning Board taken at its meeting of September 29, 1958, to deny the request from Standard Oil Company for the reclassification of its property known as "Signal Oil Plant". This petition had been filed just prior to the Council meeting this evening. Also noted was a communication from Fernside Marina Homeowners Association, signed by Mr. Daniel J. Donovan, President, setting forth five points in opposition to the rezoning. In connection with the records on this subject, a petition is on file which contains the signatures of three hundred thirty residents who are in favor of the requested reclassification. The petition was submitted to the Council at its last meeting and was accompanied by a copy of Resolution No. 5901, adopted by the Board of Directors of the Alameda Chamber of Commerce on September 12, 1958 Upon request, Mr. Schoenfeld, Planning Director, indicated the location of the "Standard" property on the Outline Master Plan Nap. He pointed out the Planning Board had given consideration to the Master Plan in connection with this matter, which indicates that there be a neighborhood business center in the area in question instead of the industrial use. In general, the Master Plan recommends the lands south of Tilden Way be used for residential or residentially oriented purposes - and the recently adopted Zoning Ordinance zoned the "Standard" property as "R-2", Two-Family Residential District and "C-1", Neighborhood Business District. The area north of Tilden Way is zoned for light industry. He briefly reviewed the history of the case - the Planning Board and Planning Department staff, in the days when the Outline Master Plan was being formulated, understood that the Signal Oil operation here was to be eventually "phased out", and they were under the distinct impression that it would be quite soon. Accordingly, the Master Plan did not make provision for the present operation. Lrhen the matter was presented for a Hearing before the Planning Board, the Planning, staff recommended this area be rezoned from the "R-2" and "C-1" Districts to an "M-1" District. Theoretically, the staff would have opposed the idea of rezoning but, considering the practical aspects of the question, it could see no alternative but to recommend to the Board, inasmuch as there is such a tremendous investment involved and there is no immediate likelikhood of the enter- prise being liquidated, that the property should be rezoned. The Board was quite cognizant of the fact that the Tilden Way project had a direct bearing on the neces- sary changes in the physical plant - and, in the first meeting, had requested a delay so it could get a ruling from the City Attorney whether or not there might be some alternative rather than the rezoning. In response to this, Mr. Annibale informed the Board that the rezoning was the only possible course. It was further developed that alterations in addition to moving the tanks, which is, of course, necessitated by the Tilden Way project, were desired by the Company. This would violate provisions of Section 11-153, which regulates changes permitted under non-conforming uses, which are applicable only to those changes required by the Health and Safety Code. The spokesman for the Company rejected the suggestion of a variance and stated his Com- pany was only interested in a rezoning. Therefore, the Planning Board at its meeting of September 29, after considering this and the testimony of residents of the area, recommended to the Council that the petition be denied. Mr. John N. James, Attorney, appeared on behalf of Standard Oil Company of California, dba Signal Oil Company. He displayed a diagram of the property showing the proposed Tilden Way changes and the present zoning. He said the position of the petitioner can be stated quite simply - the distribution plant has been there since 1930, and has operated in accordance with the Zoning Ordinance which existed prior to August 1, 1958. At that time, the area was rezoned so that the northern portion was classified for neighborhood commercial use and the southerly portion for two-family residences. The immediacy of the petition was caused by an attempt to see what could be done in preparation for the installation of Tilden Way. He referred to the diagram to explain the portion of the Company's land which will be taken for the construction of Tilden Way. In this area there are three storage tanks which will have to be moved to enable the Company to continue with its same operation. This is merely a precipitating factor - actually, the rezoning is necessary if any use at all is to be made of the premises. Under the present Zoning Ordinance, the things that can be done on non- conforming property are extremely restrictive and, except for requirements in compli- ance with the Health and. Safety Code, they are restricted to necessary maintenance and repairs. For example, the Company contemplates changing some partitions in its warehouse to give more space and better working accommodations to the Engineering Department - this cannot be done under the present Zoning Ordinance. Any moderniza- tion of equipment, and change of pipelines would not fall within the standard of necessary maintenance and repairs. A business cannot be operated under those circum- stances. For these reasons, the petitioner is simply asking that the situation be put back to what it was prior to August 1, 1958. The Company is not contemplating any expansion of its operation - it wants to continue substantially as it is. He said there has been some talk that additional tank facilities were planned to be installed - that is not true. There has also been some talk that by this rezoning there will be a destruction of adjoining property values. He said he did not think there was any substantial depreciation of values between August 1, when the Zoning Ordinance carne into effect, and August 18, when the Company filed its application for rezoninF. The Company's position is that it desires to maintain the status quo as it was prior to August 1, so that it can continue in business here. Mr. Tom Nielsen, 2132 San Antonio Avenue, pointed out Signal Oil Company had been established lonr before the homes in Fernside-Marina District had been built and the residents in this area knew it was in operation at the time they bought their homes. Mr. William Ross, 1362 East Shore Drive, said he folt that if the Company has to move it will mean not only a loss of taxes but also the families involved should be considered. Every year the City spends funds to encourage industry to come to Ala- meda and he believes the industry which is already here should also be encouraged to stay. He said he does not think Signal is asking for something special because, lip to August 1, it was a conforming use. It appears that if the Council must decide between the remote possibility of an undesirable industry locating on this property some time in the future, it must weigh this against the loss of taxes, payroll, expenditures in the City and the employees who are residents of Alameda. He urged the Council to consider what is best for Alameda and all the people concerned and that is to keep this industry here. Mr. C. Phillip Nutzman appeared in representation of the Alameda Chamber of Commerce, as its General Manager. For the record, he road a prepared statement and the Cham- ber's hesolution No. E901, urginr. the Council to grant the petition for the rezoning as requested by Signal Oil Company in order to preserve for Alameda a very desirable industrial taxpayer and to establish a Food business climate and an encouraging atmosphere for the development of the entire potential of the City of. Alameda. The statement pointed out this firm, for 1956-1959, will pay in taxes for City of Alameda purposes, 4>8,6hh.46. This Company employs one hundred forty-seven people in its dis- trict office and its Fernside plant and has an annual payroll in excess of '1900,000. As one of the largest users of our Post Office, this firm last year paid slightly over 15,000. in postal charges. He then filed with the Clerk the documents, copies of which had been given to the Councilmen. At this time, Mr. Schoenfeld emphasized that the Planning Board was not trying to appease any particular group in making what seemed to be dual statements at the time of the Hearing before it on this matter. The Board was extremely concerned with the equitableness of the present situation where a Governmental action is causinr the Company to have to do something which would be in violation of the City Zoning Ordi- nance. For that reason, the Board directed that he, in collaboration with the City Attorney, draft suitable language for amending the Ordinance. President McCall stated that speakers for the opponents of the question now have the privilege of the floor. Mr. Ray A. Janvier, Attorney, 29lL indsor Drive, spoke as the representative of the Fernside-Marina Homeowners Association. He said he would like to allay the apprehen- sions of the previous speakers - the Association does not intend nor does it ask the Council to dispossess Signal Oil Company. However, it does feel that a rezoning, of this property is not necessary - Signal can continue its operation on the basis of a non-conforming use. He referred to minutes of the Planning Board meeting of Sep- tember 29, and summarized the changes the Company desires to make PS fOl]Ol.TS: (1) relocate certain tanks, (2) move some partitions in one of the buildings and (3) enlarge the engineering warehouse. Mr. Janvier asked if it is necessary to rezone the property to "M-1" District to accomplish this end. He called attention to Sec- tion 11-153, Article V of the Zoning Ordinance concerning Non-Conforming Uses and quoted there from, He also quoted from Article VI, Variances and Use Permits. He said the Association feels that, under the Zoning Ordinance, Signal can continue to operate as a non-conforming use; that if it wants to make structural changes, all it has to do is make application to the Planning Board; that the Board will act favor- ably, it should act favorably and it will act favorably. He said the minutes of the meeting indicate the attitude of the Board was very fair to Signal Oil Company, it was certainly not attempting to dispossess it as some people seem to think the Asso- ciation is trying to do. In fact, at the conclusion of the Henring, a motion pre- vailed that the Board instruct the Planning Director to consult with the City Attorney and prepare an amendment to the Zoning Ordinance whichwould permit an owner to alter his property structurally to comply with the requirements of the rovernino body with- out jeopardizing the property owner nnd his use of the property. Mr. Janvier said that, assuming he is wrong in his interpretation of the Zoning Ordinance, then the proper procedure to follow in this case is an amendment of the Zoning Ordinance. The Association believes that if the petition is -ranted it would constitute spot zoning which has been known since time immemorial as a very evil thing. He quoted a state- ment from the case of Reuben vs. Board of Directors of the City of Pasadena in the Supreme Court of the State of California - "Almost every zoning ordinance includes provisions under which an owner may apply to an administrative board for permission to nut his land to a non-conforming use - this procedure has been devised and ordered to minimize the acknowledged evils of spot zoning." He pointed out the reason the residents from the area are present is because their feel that if the petition is granted the City will be accomplishing the evil which the Court has said can cause many serious consequences. Assuming the Signal Oil Company's operation continues to conform to the use it has put to this property since 1930 - if his interpretation of the Zoning Ordinance is correct - and the Company wants to re-lly relocrte the tanks and if it wants to make a structural change in a building, it can apply for a vari- ance to the Planning Board and the variance will be granted. If, under the Zoning Ordinance, that procedure cannot be followed, then the Council has the power to amend the Ordinance. He claimed that 11 the Council loses the control it now has over 4 this land, by rezoninF it, many many evils can result. If the property is rezoned to "M-1", ostensibly it would allow the manufacture of concrete or cement, or a blacksmith shop, a foundry, a laundry or an abattoir. What effect would this have on the residential property? This strikes at the gravamen of the whole problem. He reiterated the Association is not trying to dispossess Signal Oil Company - but if the Company is acting in good faith and intends to conform to the use it has made of this property for the past thirty years, it can continue to operate under the plan he has shown. Mr. Janvier claimed that, if Signal changes its operation or the property is sold, based on an "M-1" zone, it will change a first-class residential area into a second- or third-class area. He proceeded to compare the payroll and taxes paid by Signal with the income, purchasing power and property taxes of the residents in the area. He also stated the rezoning will depreciate property values, which will affect the assessed valuation, with a decrease in tax revenue. The Association agrees that the City should encourage industrial growth in Alameda, but it is respectfully submitted that it not be done in a principal residential area. He stated the Association believes it is entitled to protection and it is speaking not only for itself but for the best interests of Alameda. Mr. Janvier said he feels this matter should be seriously considered from the standpoint of (1) can Signal operate as a non-conforming use with a variance, as the ordinance now stands. If the answer to that is "No", then amend the Zoning Ordinance, because it is not economically feasible to rezone this property, engage in spot zoning and jeopardize the welfare of a fine residential area. He felt it would be a great mistake if the petition is granted. Mr. Marshall S. Pease, 2905 Windsor Drive, said he wanted to make it clear that he was speaking only for himself as a nearby resident of the locality in question. He commended Mr. Janvier for his presentation of the case on behalf of the Homeowners Association. He claimed the Standard Oil Company would think a long time before deciding to relocate this plant site in some other community because it would neces- sitate an investment of from ',500,000. to 750,000. to duplicate these facilities elsewhere. There has boon no testimony here to the effect that Standard intends to move its location, except from people who are not connected with the Company. He said he thinks the solution is very simple - it has been given to the Council - that the Zoning Ordinance can be easily amended and certainly it is proper that any time property is taken for public use it should be excluded from a Zoning Ordinance which is onerous in this instance. He said he is strongly opposed to a rezoning which would permit, at some future date, some other type of industry to go in this location, which would be onerous to the community. He emphatically urged the Council to make the necessary amendment to not only make it possible for Standard Oil Company to relocate its tanks but also to make certain that any petitions to make minor repairs or improvements can be granted. He strongly recommended the petition for rezoning be denied. Mr. James again spoke in clarification of certain points. He explained the modus operandi of Standard Oil Company in connection with its distribution plants and offices, pointing up the fact that if its operations are restricted in this location it may require the Company to move out some time in the future. He also claimed the request would not result in a spot zoning situation, but rather the land would be in a transition zone. Mr. Janvier argued that the property is presently zoned in residential and Neighbor- hood Business Districts and, therefore, the request for reclassification would be spot zoning. He also reiterated that the Homeowners Association has shown a con- structive way by which Signal can continue its operation as it has in the past. He again requested the petition be denied, the recommendation of the Planning Board be followed and the Zoning Ordinance be amended if, in the opinion of the City Attorney, Signal cannot continue as a non-conforming use. Mr. Pease stated he could, speak as an expert in the operations of an oil company and he contended there is no relationship between a district office and a distributing plant of this character and he cited examples. He thereupon again strongly recom- mended the Council consider an amendment to the Zoning Ordinance to allow Standard to continue its operation as there is nothing the Company could lose by this amendment. He went into further detail concerning oil company operational procedures. In response to Councilman Freeman's question, Mr. Schoenfeld explained the City Attorney had ruled that a rezoning was the only possible course under the present Zoning Ordi- nance - a variance procedure would not be possible - but that was before the question of an amendment to the Ordinance came up. Considerable discussion ensued concerning, the proposed amendment to the "Non-Conforming Use" section of the Zoning Ordinance. Mr. Schoenfeld suggested this raises a question which the Council might wish to dwell on at another time - concerning the effective- ness of the non-conforminF use regulations of the Ordinance. It was developed that the property in question had been a conforming use - being in the "H" Heavy Industrial District - during the entire period of Standard's operation, up until the Present Zoning Ordinance went into effect on August 1, 1958. The ques- tion is whether the .Non-Conforming Use section shall continuo to be in effect. Mr. Schoenfeld felt care must be exercised in amending this section so that "all of the teeth" are not taken out of it. He explained the intent of the section is for the gradual and equitable abatement of non-conforming uses so as to bring an area into conformity with the Master Plan. 47 Councilman Collischonn referred to the minutes of the Planning Board meetinF of Sep- tember 29, and quoted a remark by Mr. Annibale, "Any rezoning the Board might recom- mend at this time is not ftral - it could be rezoned again as the City saw fit." He felt that if this property is rezoned to its original status and if Standard Gil Company then chooses to vacate this site and relocate its plant elsewhere, the Council has every right to rezone the land back a-ain to "R-2". The City Attorney concurred that the Council can change a zone at any time so long as it is reasonable and it is done in the Proper manner. Upon request, Mr. Schoenfeld read the complete list of uses permitted in the "M-1" District. Councilman Petersen askoC if, under the original classification of "H", Mr. Schoenfeld considered this property snot zoned, to which Mr. F',choenfeld replied that, as an industrial zone, he would not consider it to have been spot zoned, but rather an unfortunate extension of a heavy industrial use into an area of less intensive use. It is a transitional arca. Councilman Petersen then asked if he would consider the land spot zoned - if it were to be reclassified - under the present Zoning Ordinance, and Mr. Schoenfeld answered in the negative, explaining that his definition of a spot zone is ono of more Intensive or r;OPO objectionable use, completely surrounded by uses less intensive and, perhaps, less objectionable in naturn. He would not consider it to he spot zoned, if reclassified, because it abuts on an industrial area to the north. Councilman Petersen also Inquired on what basis it was decided that this nroperty zone leould be "phased out". Mr. Schoenfeld stated the members of the Planning Board who were serving at that time wore under the impression, as was the Planning Director who was serving then, that this operation would be "phased out". He said he is unable to testify just how they knew this but, as related to him, the anticipation was that the operation would gradually be moved from this facility and, enuentually, cease at this location. Councilman Petersen next inquired of Mr. James if he has any knowledge the business is to be "phased out" and Mr. James renlied there is no contemplation of any remoYal. Councilman Petersen then asked if he had been aware of the fact, prior to the adoption of the Zoning Ordinance, that the zone was being changed. The ouestion was referred to Mr. J. P. Ile:Ferran, an official of Standard Oil Company, who stated that when he had personal knowledge of the situation, it was shortly before the impending Council action to adopt the Zoning Ordinance as presented by the Planning Board. Actually, at that time, he was in oral communication with people in City government, prior to said meeting of the Council. He had stated the position of the Company and the damage that would occur by this pronosed change in zoning. He said the Company is not prone to oppose community action, and he had been advised it would be best to let the Zon- ing Ordinance no through and then subTit the petition for a rezoning on the basis of the damage that had been caused by the change in zone. Considerable disc ussion was had with regard to the relation hip between the Outline Master Plan and the zones of this particular area under the previous and present Zon- ing Ordinances, also the effect of amending the Non-Conforming Use section of the Zoning Ordinance. Councilman Collischonn stated he would think that, under the circumstances, the Council has no alternative - if it wants this industry to stay, and he doesn' t think it can speculate on whether it is going to stay or move out. Also, he felt this Council would be highly criticized if it did not grant this rezoning and, suddenly, it should find that Signal Oil has disapnearod from the City of Alameda, and has taken with it its one hundred forty-two emnloyees, its c;9on,ono. annual payroll and its ,;9,600. in taxes per year. Councilman Schacht stated he noted that undor the regulations for "NL , Limited Industrial Manufacturing District, "Section 11-1342 (e) Storage and distribution warehousing, but not including truck terminals." He observed there are less obnox- ious uses in an "ML" District, apparently, than there are in an "M-1" District - and certainly the "M-1" District which is proposed now is of a lesser evil adjoining a residential arca than the "H" Heavy Industrial District which applied up until the 1st of August. He inquired if there is any possibility the Signal operation could fall under the "MB" rather than the "N-1" District - and suggested this might be the solution to the problem. Mr. Schoenfeld replied this idea had been discussed by the Planning Board and repre- sentatives of the Company, but the restriction anainst "truck terminals" is what prevents it. He pointed out the Company maintains a terminal for its trucks at this particular location. 1Tere it not for that and were this solely offices and a bulk distribution plant, it might well fall within the "EL" District. Councilman Schacht asked how Signal would feels bout an "MB" District, should it apply, to which Mr. James answered that these matters were thoroughly considered before the petition was filed. The Ordinance had been Perused very carefully to see if there was any approach to the problem other than tho rezoning now requested. He pointed out trucks are kept on the premises, and one of the buildings is used for a repair and maintenance shop. Because of the truck situation, it taro felt that only the "M-1" District really covered the whole situation. Councilman Schacht suggested the Council could delete the five words, "but not includ- ing truck terminals", but still allow "storage and distribution warehousing" (Section 11-132(e)) as he does not understand how one can have such a storage and distribution warehouse without having some trucks parked over night or coming and going to pick up materials. Mr. Schoenfeld stated he thinks this is a valid, legal question - is the type of operation, insofar as the trucks are concerned, a "truck terminal" in the commonly accepted understanding of the term? Councilman Schacht reiterated he doesn't know how there can be a storage and dis- tribution warehouse without having trucks coming in and going out - and, apparently, the people in the area haven't objected to the trucks being parked there over night. He said he felt this amendment would accomplish what the Signal Oil Company wants and, after all, it has been there for thirty years, operating in a zone which is far less restrictive than what it is asking for now. This is an important considera- tion. He said, however, if something could be worked out so the property could be reclassified to a more restrictive zone, so there would be a little more control over it, in case the Company ever did move out, and the Company is still allowed to have its trucking terminal there, he doesn't see toe much objection to it. Mr. Schoenfeld commented that Councilman Schacht has raised a very, very valid noint. He felt that people commonly think of a truck terminal as a large operation in which trucks involved in the distribution of goods are backed up to a dock, transferring materials across a platform, or receiving materials from storage and are parked in large numbers. It is essentially a trucking business in the hauling of goods. These trucks are incidental to the operation of a gasoline and other petroleum products distribution and, perhaps, could be construed to be an inherent part of the business and not solely a trucking terminal operation. He said it would seem to him to be a bettor solution than some of those already offered here tonight. He did not know how it would impinge on future situations but, to help this problem, a definition could be added to the Zoning Ordinance, spelling out just exactly what is meant by a truck terminal - "something involving large numbers of trucks and the storage and distribu- tion of goods from conveyance to conveyance." Mr. James was asked if this would be satisfactory and he agreed his Company would be very pleased with the "ML" District zone if the regulations were amended to cover its operations. He pointed out, however, that time is of the essence and he under- stands it requires a substantial period of time to amend an Ordinance and this would not solve its immediate problem. He, therefore, suggested that, if the Council is indulgent enough to grant the present rezoning request and if it then amends the Zoning Ordinance so the "NL" District regulations would cover the Company operations at the site, the Company would then voluntarily ask for a reclassification to the more restricted zone. It was brought out that it would require about sixty days for an amendment to become effective. Mr. Janvier was then asked if he was familiar with the uses permitted in the 'ML" District, and while he was checking this section, Councilman Schacht pointed out he felt this classification, after the amendment, would very clearly cover Signal's operation and allow it to make the necessary changes internally without really changing the exterior area. He thereupon read, for the benefit of the audience, the entire list of permitted uses in this district, pointing up the fact that all of them can be carried on within the enclosure of probably quite a presentable build- ing. He expressed the hope that the Council could satisfy all concerned with a rea- sonable solution. Mr. Janvier concurred that the "EL" District is certainly more limited in scope than the zone which is now requested and stated the Association would be happy with that phase. He felt this could be worked out - at least it will eliminate the possibility in the future of the people in the area being faced with a concrete or cement plant or an abattoir. If the amendment is designed to conform to the operation Signal now is putting to the property, he said he feels quite confident the residents in the vicinity will not complain. Councilman Schacht stated that, in view of the time element, as pointed out hy Mr. James, if the Council could grant the requested rezoning to an "M-1" District and then, upon working out the amendment to the Zoning Ordinance, the Company could voluntarily request a rezoning to the "NI," District, he thinks it is the solution. Councilman Collischonn commended Councilman Schacht for the excellent point he had nresented and said there seems little to stand in the way of the Council taking action tonight. He remarked that the Council certainly wants to retain an industry and, by the same token, it ants to keen as many people in the City as happy as it can. In view of the understanding the Council now has with Signal Oil Company - and it being publicly understood that condition will nrevail, Councilman Collischonn moved the Council reverse the recommendation of the Planning Board and approve the reoues.ted rezoning from an "R-2", Two-Family flosidence District, and "C-1", Neighbor- hood Business District, to an "n-1", intermediate Industrial (Manufacturing) District. The motion was seconded by Councilman Freeman and on roll call carried by the foltow- ing vote. Ayes: Five, Noes: None. Absent: None. The matter was then referred to "Introduction of Ordinances". REPORTS OF OFFICERS, BOARDS, ETCETERA: o. From the City Manager, recommending the acceptance of work in connection with the filling of lands at 554 Central Avenue by Fessenden & Company. Councilman Collischonn moved the tLe recommendation be approved and the work on the fill project be accepted in accordance with provisions of the Alameda Municipal Code. The motion was seconded by Councilman Schacht and on roll call carried by the follow- ing vote. Ayes: Five. Noes: one. Absent: None. 9. From the City Manager, recommending the acceptance of work on the project of fillinF lands south of Waterton Street and west of Monnd Street, completed by Mr. S. J. Dowling. Councilman Schacht moved the recommendation be adopted and th.e work on this specific project be accepted in accordance with provis5ons of the Alameda Municipal Code. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: :Tone. Absent: Hone. 10. From th.e City Planning Board, submitting copy of its Resolution No. 35, urging the Council to give consideration to the desirability of establishing uniform regula- tions with regard to private swimming pools. Councilman Freeman called attention to the fact that the Council has been discussing for some time the advisability of meeting with the several City boards regularly - possibly on a round-robin schedule. This would afford an opportunity for all to learn the thinking of each body on a given subject. It was determined, after some discussio. n, that the matter would be referred to the City Manager to establish a schedule for such meetings, preferably at times during the off-week of Council meetings. With regard to the Planning Board's request, Councilman Schacht moved this matter be referred to the City Manager. The motion was seconded by Councilman Petersen and unanimously carried. 11. From the Civil Service 'Maid, requesting a meeti g with the Council at as early a date as Is mutually convenient. Councilman Freeman moved this matter be referred to the City Manager fors Ludy and report. The rotion was seconded by Councilman Schacht and unanimously carried. President McCall stated this would also come under the aforementioned agreement to scheduler egular meetings and ho sugoested to Mr. Clark that this Board be given priority in such arrangements. 4 12. From Advisory Golf Commission, indicating it had approved the Engineering Depart- ment's plans for the Installation of the proposed driving range adjacent to the Alameda Golf Courses at the estimated cost of -;.2.0,625.110. It was suggested this project be financed by current increased golf revenues as further delay on the installation is depriving th.e City of potential revenne. Councilman Freeman said it had been stated there would be no further expenditures for projects at the Golf Courses until the City had been reimbursed for the )16,000, spent in excess of the '700,0CC. bond issue. She inquired if this repayment had been made, to which Mr. Clark replied that [se did not believe there had been any definite accounting to determine whether the amount has been restored. He pointed out there has been a proposal by the Golf Commission that certain reserves be set up and also, Mr. veiler has suggested this is a subject for further discussion with the Council. He comr-ented that a sum of d-35,000. has been included in the current budget as a reserve for Golf Course improvements. With regard to the question of first repaying the sum of Ni_6,000. before making Golf Course improvements, Mr. Clark stated it would be a matter of policy determination on the Part of the City Council. He stated he would be glad to check into the matter. Councilman Freeman asked that the matter be referred to the City Manager for s Ludy and Councilman Schacht suggested it also be discussed at a Committee of the Thole meeting. Councilman Collischonn asked for a definite answer concerning what revenue is expected to be derived from this activity in relation to the investment. -Following discussion, Councilman Freeman asked that the asnect of the City operating the project on the basis of a salaried employee, rather than leasing the activity to a concessionaire, be investigated. Councilman Freeman thereupon moved all ramifica- tions of the situation be investigated by the City Manager and a report of the find- ings be presented to the Council. The motion was seconded by Councilman Schacht and unanimously carried. Councilman Petersen stated he believes that whatever arrangements are made should include provision that the sum of c;116,000. be reimbursed to the proper fund so the people will know this condition is not being violated. 13. From the Recreation Commission, recommending the Council consider the possibil- ity of establishing seven-day-metered, thirty-degree parking spaces along the south side of Shore Line Drive, to increase parking capacity and provide revenue for beach maintenance. ?resident McCall mentioned that the State Parks and Beaches Commis is checking into the matter of fees in such instances, and any restrictions established with a charge might have to be amended. He suggested the Commission, however, might have sore suggestions about off-street parking. Councilman Freeman said she felt the Council ought to study the feasibility of the parking as proposed by the Recreation Commission. She also questioned the advantage of establishing metered parking, which would bring in revenue to any extent only dur- inF the summer, when compared to the cost of installing the meters. There being no objections, the matter was referred to the City Manager for investi- gation and report back to the Council. ILL. From the Recreation Commission, recommending the surplus "F9F-6 Navy Jet Plane", offered by the Alameda Junior Chamber of Commerce as a civic project, be installed in Krusi Park, north of the tennis courts. It was also stated that, if this project meets with. Council favor, the Commission would like to hold a public meeting at Otis School concerning the subject and then submit a report to the Council for final discussion. Councilman Freeman moved the Commission proceed to hold its public meeting and report back to the Council for action. The motion was seconded by Councilman Schacht and unanimously carried. President McCall stated this type of operational equipment is very Popular and he commended the Junior Chamber of Commerce for assuming this project. It was noted several members of the organization were present at' the meeting. 15. From the Recreation Commission, recommending the extra charge for the serving of alcoholic beverages and the caterer's fee be eliminated from the rates for public use of the Bay Farm Recreation Center, as they make the total charge for the permit time rather excessive. It was stated the Recreation Department has worked out a system to assign personnel to open and close the facility on permits over three hours in length so that a person need not be on duty the entire time, which should reduce personnel overhead costs considerably. Councilman Schacht moved the matter be referred to a Committee of the 'Thole meeting. The motion was seconded by Councilman Petersen and unanimously carried. President McCall said he agreed the rates now charged for the Center are excessive and several local organizations have felt they had to go to Oakland for certain gatherings. He said he felt this is a recreation facility and it should only pay its way - it should not be operated as a source of revenue. Councilman Freeman asked that the recommendation of new rates tol:e charged be submitted to the Council for its information before the proposed meeting is held. V 16. From Mr. Jerry J. Holst, submitting his resignation as a member of the City Planning Board, effective November 1, 1958. Mr. Holst stated he was reluctant to make this request, but certain personal matters necessitated his action. Councilman Collischonn stated Mr. Holst is a very sincere and active member of the Planning Board. He remarked that he had the pleasure of serving with him on this Board and he had a high regard for his ability and his progressive and logical think- ing. He thereupon moved the Council accept Kr. Holst's resignation with regret. The motion was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The Clerk was instructed to write an appropriate letter expressing the gratitude of the Council to Mr. Holst for his services. 17. From the Assistant City Manager, recommending contract be awarded to R. B. McNair Sons, low bidder, for the project of Installing Sanitary Sewers in Various Locations of the City at the price of d';6,723.58. Councilman Schacht moved the recommendation be adopted; that contract be awarded to said firm for the specified project at the price quoted and the bid bonds be returned to the unsuccessful bidders. The motion was seconded by Councilman Collischonn and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES: 18. Councilman Collischonn introduced the following ordinance, after which it was laid over under provision of law and the Charter: W BUSINESS: "Ordinance No. New Series - An Ordinance Reclassifying and Rezoning Certain Property 14ithin the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Fernside Boulevard and Versailles Avenue - Standard Oil Company) 19. Councilman Schacht spoke of several complaints made to him about the great deal of soot in his neighborhood and he understood it is caused by certain ships which have come into the Estuary and are "blowing their stacks". He asked that the City Manager ascertain the exact cause of this situation and report the matter to the Bay Area Air Pollution Control District. Mr. Clark commented the City Nanager's office has received a number of complaints on this subject and it has bean referred to the Air Pollution Control Board. The com- plaints were also called to the attention of the Fire and Health Departments, 20. Councilman Schacht inquired who is responsible for the maintenance of the road- way along the tracks on Blanding Avenue - and also stated the entire street is in had condition, too. Mr. Lee Eichelberger, Assistant City .4, gineer, stated the Alameda Belt Line is respon- sible for the area along the tracks on this street, and he said he would check into the situation. 21. Councilman Freeman inquired if an answer had been received from the U. S. Corps of Army Engineers concerning the San Leandro Channel. Mr. Eichelbergor stated a com- munication had gone to the Corps over Mr. 1,Teller's signature at the end of last week, but he had not seen a reply as yet. 22. Councilman Freeman spoke of the hazardous condition caused by sneeding automo- biles alonc; Grand Street, since it has been opened through to the South Shore. She mentioned there aro many children living in this area and suggested that possibly the word "Slow" could be painted on the pavement or yellow caution blinkers estab- lished in order to obviate an accident. Nr. Clark pointed out the Police Department is already studying this particular traffic situation, as well as the one at Willow Street and. Clinton Avenue. Rather than move in prematurely with ordinances authorizing stop signs or yield right-of-way signs, the 'Department would prefer to study the traffic patterns to determine whether they will decrease or become agpravated. He mentioned that the Planning Department is also cooperating in these studies. 23y. Councilman Freeman also referred to the recent request for a traffic survey of the intersection of San Jose Avenue and Perk Street. She stated the increased traffic goinc' to the South Shore makes it practically impossible to get onto Park Street. Er. Clark explained that a detailed analysis has, been made by the Planning Department which has been reviewed by the Engineering Denartment, and they are in agreement. However, there hos not yet been a final report from the Police Department and that is being awaited. 2)1 President McCall celled attention to the fact the Key System has not yet indi- cated what it is going to dowith regard to providing public transportation to the South Shore Stopping Center area. He strongly felt the City needs immediate relief in this respect. He said that, if there were no objections, he would suggest a letter be sent to Mr. Glenn L. Stanley, President of Key System, requesting that he, person- ally, check into this problem and inform the Council what can be done. Councilman Schacht suggested a copy of said letter be sent to the Public Utilities Commission. It was so ordered, and the Clerk was instructed to write another letter accordingly. Councilman Collischonn asked that the attention of the Police Department be called to the overnight parkin of trucks and trailers on the streets which is in violation of the ordinance and hc felt some action should be taken. RESOLUTIONS: 26. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5855 Adopting Specifications for Furnishing to the City of Alameda Five (5) New, 1959 Latest Nodal Eight-Cylinder, Four-Door Sedans, uith Automatic Pransmission, for the Police Department, Calling for Bids and Directing Ciby Clerk to Advertise Same." The necessity for the automatic transmission was questioned and some discussion was had. It was developed that considerable study has been given the subject, and it was determined this typo of transmission is worth the extra cost. The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 27. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 58c;6 Cancelling City Taxes on Property Acquired by School District f, r Public Purposes. (Tract No. 1866, South Shore)." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the followinc- vote. Ayes: Five. Noes: None. Absent: None. 28. The following resolution was introduced by Councilman Petersen, who moved its adoption: "Resolution No. 5857 Amending Salary Resolution No. 581h by Deleting One Position of Senior Stenographer-Clerk and Creating One Position of Senior Clerk-Typist in the Police Department." The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: NOfle. 29. The following resolution was introduced by Councilman Freeman, who moved its adoption: "Resolution No. 5858 Amending Salary Resolution No. 5814 by Creating One Temporary Position, Not to Exceed Six Months, of 'Buyer', in the Auditor and Assessor's Office." The motion to adopt said resolution was seconded by Councilman Collischonn and on roll call carried by the fol]owing vote. Ayes: Five. Noes: None. Absent: None. 30. The following resolution was introduced by Councilman Collischonn, who moved its adoption: "Resolution No. 5059 Declaring Public Interest and Necessity Require the Acquisition of an Easement Over, Across and Under Certain Lands for Sanitary Sewer PusToses. (Krusi Pump Plant Sanitary Sewer Overflow). The motion to adopt said resolution was seconded by Councilman Schacht and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. Mr. Eichelberger explained the situation necessitating this action. The President thereupon declared all of the foregoing resolutions duly adopted and passed. ORDINANCES FOR PASSAGE: 31. "Ordinance No. 1283, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." Street and Otis Drive - South Shore Land Co.) Councilman Collischonn moved the ordinance be adopted as submitted. The motion was seconded by Councilman Petersen and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 32. "Ordinance No. 1284, New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Stanton Street and Lincoln Avenue - Wongs) 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: Five. Noes: None. Absent: None. FILING: 33. Auditor's Financial Statement - City of Alameda, as at September 30, 1958 - Verified by Hackleman & Larzelere. 3L. Specifications No. MS 10-58-11 - for Furnishing Five Sedans for the Police Department. BILLS: 35. An itemized List of Claims against the City of Alameda and the Departments thereof, in the amount of '-;32,398.51, 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 October 21, 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. ADJOURNMENT: 36. There being no further business to come before the meetinc-, the Council adjourned - to assemble in regular session on Wednesday evenirT, November 5, 1956, at 7:30 o!clock. Respectfully submitted,