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1947-09-02 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF E CITY OF A TEDA D TUESDAY EVENING SEFTEMBER 2 1947 The meeting convened at 3:00 P. M. with President Branscheid presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, Osborn, Sweeney and Presi dent Branscheid, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held August 19, 1947, were approved as transcribed. WRITTEN COMMUNICATIONS: 2: From the State Department of Motor Vehicles, addressed to the City Manager and dated August 23, 1947, concerning adequate identification of new automobiles being operated on the highways before the license plates have been issued. Following the reading of this communication, Councilman Jones suggested that it be referred to the City Manager with the request that he write to the Department of Motor Vehicles offering the suggestion that the cardboard plates used in the past for identifying newly purchased automobiles be brought back into use in order to meet the grave situation which has now developed and to which there seems to be no immediate solution. There being no objections, President Branscheid made this order. HEARINGS: 3. Continued from the last meeting of the Council was the matter of an appeal of Harry N. Jossen from the ruling of the City Planning Board, denying his petition for a Use Permit to conduct a Real Estate business on his premises at 1379 Pearl Street which is in the "A-1" Dwelling District. Counsel for Mr. Jessen produced a photograph of the premises involved, showing the side entrance of the house and indicating that if a sign were placed there next to the door, it would not face on the street. Counsel stated that for the purpose of the record, he would like to clear up a cer- tain point - that at the last hearing on this matter, he had mentioned there was a real estate broker across the street from Yr. Jessen's property who had a sign on the front of his building - but that on the day following the hearing on this matter before the Council, the sign was removed. He stated he presented this fact for the reason that he did not want the Council to feel that any facts had been misrepre- sented. He said he felt that in this Class "A-1" Dwelling District, where numerous home occupations are permissible, a display of another sign would not hinder, damage or affect the residential characteristics of the district. He pointed out that Mr. Jessen wished to place this sign in order to comply with the Real Estate Law and that he does not intend to conduct his actual real estate business on the premises. Miss Banta, stating that she represented the protestants in this matter, said that if Mr. Jessen does not intend to conduct a real estate business from his home it does not seem practicable that a permit should be issued. She pointed out there are many people in Alameda conducting this type of business in the commercial districts and that they operate under terrific overhead. It was the feeling of the people she represented that persons should not be allowed to conduct business in a residential district and take business away from those in the commercial districts. She said she had noticed that Mr. Jasmann's sign had been removed and it was her feeling that this was done out of consideration for the people in the district. At this point, Councilman Jones stated that he had considered the Zoning Ordinance very carefully, with particular attention to the types of business permissible in the several districts without permission of the Planning Board or Council and that many of the permitted uses seem to be less desirable than the one in which Mr. Jessen desires to engage. He stated that it was his opinion that as the Zoning Ordinance stands, this particular occupation is not out of line with others which are permis- sible. He thereupon moved the petition be granted. There was no second to his motion. Mr. A. V. Tobey, a resident of Pearl Street, stated that the neighbors had gotten together on this matter and their only purpose in opposing Mr. Jessen's •request was their desire to protect property values in the neighborhood. He expressed his regret that Mr. Jessen has not considered his neighbors in this matter and been good sport enough to withdraw his petition. Miss Banta injected the remark that practically 95 per cent of the people residing in the vicinity are opposed to the granting of the petition. President Branscheid again presented the matter to the Council, stating that it was now before it for action and it would be necessary to either sustain the ruling of the Planning Board or grant the petition. Councilman Jones stated that since the Council finds it difficult to reach a deci- sion on this matter, it is evident that perhaps the ordinance as it stands does not meet with the Council's approval and it may therefore be advisable to explore the need for a modification of the ordinance so that henceforth any person wishing to conduct a business of any kind in a residential neighborhood shall be required to appear before the Planning Board. He stated that he would be in favor of having such a revision of the ordinance made and that now would probably be the time for the Council to suggest to the Planning Board that a study be made of the ordinance with a view to certain revisions. He stated he still felt Mr. Jessen's petition should be granted and that he would like to make an off-the-record suggestion that perhaps something far less than a sign would be permissible and sufficient. He stated that so long as no one cared to second his motion that the petition be granted, he would withdraw the motion and permit someone else to make an alternate suggestion. President Branscheid stated that he, too, felt the City's Zoning laws should be over hauled, studied and revised, pointing out that they were drawn up in 1940 and probably required being brought into line with the changed conditions. He stated that if it were not possible for the Council to come to any decision in the matter at this time, it might be well to continue it again. He stated he would entertain such a motion. Councilman Anderson thereupon made a motion that the action of the City Planning Board be sustained. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Sweeney and President Branscheid, (3). Noes: Councilman Jones, (1). Not Voting: Councilman Osborn, (1) Absent: None. President Branscheid thereupon announced that the action of the Planning Board in denying the petition for a Use Permit to conduct a real estate business at 1379 Pearl Street had been sustained on appeal. 4'; Councilman Jones then moved that the Council communicate to the Planning Board its desire to have the Zoning Ordinance carefully studied in all its technical aspects and brought up to date and that the ideas of the Board along this line be submitted to the Council in order that they might be incorporated by the City Attor- ney in a revised Zoning Ordinance. The motion was seconded by Councilman Sweeney. Speaking on the question, Councilman Jones suggested that the attention of the Plan- ning Board be drawn to the Jessen case because of the differentiation between this particular business and others which are permitted without a Use Permit. The motion was carried unanimously. OPENING OF BIDS: 5. One bid was presented and read from McQuire and Hester, for the project of cleaning the north side sewer in accordance with Specifications, Special Provisions and Plans therefor, No. PW 0-47-10, in the total amount of 29,141. The bid was accompanied by a certified check in the amount of 0,000. President Branscheid referred the bid to the City Manager and City Engineer for study and recommendation. REPORTS OF COMMITTEES: 6. / From the Mayor, Acting City Manager and Auditor, submitting their report on the Count of Money held August 27, 1947, showing there was 02,512,309.75 chargeable to the City Treasurer, the sum which according to the Auditor's records should have at that time been in the City Treasury. The report was ordered filed. RESOLUTIONS: 7. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3604 Providing for the Amount Per Diem for Officers and Employees of the City of Alameda for Traveling Expenses." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and. President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 8. The following resolution was introduced by Councilman Anderson, who moved its adoption: "Resolution No. 3605 Approving and Adopting a Budget for the Fiscal Year 1947-48; Appropriating Certain Moneys for the Expenditures Provided in Said Budget for Said Fiscal Year and. Ratifying Certain Expendi- tures Heretofore Made." The motion to adopt said resolution was seconded by Councilman Jones and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent; None. Thereupon the President declared said resolution duly adopted and passed. President Branscheid asked the City Manager if he had anything to say with refer- ence to the proposed budget. Mr. McMillan answered there was not much that could be said in a short time. He did point out, however, that for the first time, the Health Department and the First Aid Station are separately budgeted. He stated this was necessary in order to obtain the State aid provided for under a bill enacted at the last session of the Legislature. He also stated that in next year's budget it may be possible to include the pound budget with the Health Department's budget in order to fully qualify for aid under the bill. He remarked that by vir- tue of this particular plan of budgeting, it places the City in the position of being able to get from the State some 21,000. for public health purposes. He pointed out that the tax rate for general City purposes has been lowered nine cents in the last five years. 9. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 3606 Fixing the Rate and Levying a Tax on All Real and Personal Property in the City of Alameda for the Fiscal Year 1947-1948 and Apportioning the Same Among the Several Funds of the City." The motion to adopt said resolution was seconded by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 10. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3607 Adopting Specifications for Furnishing One (1) New 1947 Two-Door Sedan to the City of Alameda (For the Fire Department), Calling for Bids and Directing the City Clerk to Advertise the Same." The motion to adopt said resolution was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 11. "Ordinance No. 926, New Series An Ordinance Reclassifying Property by Adding Section 40 to Ordinance No. 725, New Series. Councilman Osborn moved the ordinance be adopted as read. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. FILING: 12. Financial Statement - Goodell, Byers & Co. - Bureau of Electricity, as at July 31, 1947. 13. Specifications - No. MS 9-47-17 - For Furnishing Sedan to the Fire Department. 14. Auditor's Balance Sheet - Month of August, 1947. 15. Budget - City of Alameda - Fiscal Year 1947-1948. BILLS: 16. An itemized List of Claims against certain special funds of the City of Alameda in the total amounts as follows was presented to the City Council at this meeting: Bay Farm Island Sewer Pund, 0,772.90; Webster Street Storm Sewer Fund, 929.50. Councilman Jones moved the bills as listed in the List of Claims filed with the City Clerk on September 2, 1947, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Osborn and on roll call carried by the following vote. Ayes: Councilmen Anderson, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. ADJOURNMENT: 17. There being no further business to come before the meeting, the Council adjourned to assemble in regular session on Tuesday evening, September 16, 1947, at 8:00 o'clock. Respectful d,