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1946-03-05 Regular CC MinutesREGULAR MEETING OF THE COUNC 'HELD TUESDAY EVENING,, MARCH 5 OF THE CITY OF ALAMEDA - -- -1946 The meeting convened at 8 :00 P. M. with President Branscheid presiding. ROLL CALL: The roil was called and Councilmen Howe, Jones, Osborn, Sweeney and President Branscheid, (5) , were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held Feb transcribed. ary 19, 1946, were approved as WRITTEN COMMUNICATIONS: 2`. From The California Women's Casting Club, expressing its approval of the pro- posed War Memorial Park, as a recreation center for returning servicemen. The letter was noted and ordered filed. 3: From The Oakland Casting Club, endorsing the proposal for a War Memorial Park to include a yacht harbor, swimming pool, pistol range, picnic grounds and other sports equipment, and expressing the belief that such a recreation center would be of great benefit to the returning servicemen as well as to all Alamedans. The communication was noted and ordered filed. 4: From the Veterans' Welfare Board of the State of California, requesting can- cellation of the 1945 -46 City taxes, on property at 975 Pearl Street, now owned by the Board. This matter was referred to !Resolutions.” 5. From the Alameda Improvement Club, concerning the poor transportation service and recommending that the City ask the Railroad Commission to investigate the fea- sibility of Alameda operating its own system. This matter was referred to the Public Utilities Board, as the Council felt that the operation of any municipally owned transportation system would come under the jurisdiction of that Board. 6: . From Hook & Meyering Automotive Service, concerning the matter of granting a variance from the provisions of the Alameda Municipal Code with regard to size and projection of an advertising sign for its building. This matter was referred to "Oral Communications.tt ORAL COMMUNICATIONS: 7 Mr. H. Meyering addressed the Council on the matter presented by his letter, stating that his firm had purchased the sign in question several years ago at a cost of $525. and had turned it over to the Western Neon Sign Company for remodel- ing. He stated that at the time he discussed the matter with Mr. Rogers, Building Inspector, he had been given the dimensions for a vertical sign, whereas Mr. Meyer - ing was asking about the permissible dimensions of a 1V" type sign and that it was due to this misunderstanding between him. and Mr. Rogers that the sign was recon- structed to its present size which is not permissible under the terms of the City ordinance. He asked the Council if it would be possible to grant him the right to erect this sign contrary to the provisions of the ordinance. President Branscheid stated that it would be difficult to decide this matter right now and that therefore it would be referred to the City Manager for further study and report back to the Council. HEARINGS: 8. The matter of an appeal from the decision of the a waiver of the setback requirement as to property of situated on the west side of Park Avenue near Encinal President Branscheid. City Planning Board, granting Miss Saylor's Chocolates, Inc., Avenue, was called up by Mr. Ray Barbera appeared for the residents of Park Avenue to oppose the decision of the Planning Board to grant a waiver of the setback requirements. Mr. Barbera ar- gued that any expansion of this factory on Park Avenue would aggravate an existing hazard to the children in the neighborhood; that housing facilities in the City of Alameda are grossly inadequate at the present time, yet this proposed expansion will involve the destruction of a two -story dwelling; loading and unloading of large trucks at the rear of the factory has become a public nuisance and further expansion would be an encroachment of the residential district and would be in- tolerable; that the beauty of the community will be marred if this three -story building is erected in those pleasant surroundings; that the investment of the residents on this block exceeds that of the factory and therefore consideration should be given this point; that the people of the community just don't want this type of expansion in residential districts inasmuch as we have districts zoned for this particular purpose. Mr. Barbera also quoted from Sections 11 -1353 and 11 -1134 of the Zoning Ordinance and raised the question as to whether or not the Saylor Company was not in vio- lation of these sections at the present time. These doubts, however, were re- solved by an opinion offered by the City Attorney on the question. President Branschei d remarked at this point that the only question involved in the hearing is the setback line to be maintained by the proposed new building and that zoning does not enter into the discussion at all. A communication from the Alameda Chamber of Commerce asking that the Council sustain the action of the Planning Board, was read into the records. Mr. John G. Rooks addressed the Council, stating that he had been instructed by the Directors of the Alameda Chamber of Commerce to appear before the Council and urge its approval of the City Planning Board's action in waiving the setback requirements for the proposed new structure of Miss Saylor's Chocolates, Inc. Mr. Rooks argued from the standpoint of the progress and development of the City, stating that the business of the City could not grow appreciably unless those businesses already established here were permitted to expand. He touched upon several other points, including principally the employment the company has pro- vided, and plans to further provide for the residents of Alameda. He pointed out, too, that there would be a three -story building on the lot regardless of the setback which it might be required to maintain and that the requirement that the building be setback twenty feet from the sidewalk would only add to the zig- zag pattern of the setbacks now existing on Park Avenue. Mrs. Otha B. Fleming of 1247 Park Avenue, addressed the Council briefly, stating that apparently the persons that zoned the lot originally had the twenty -foot setback requirement in mind and that the people in her neighborhood would not want to see their homes destroyed when there are other places where the factory could be built. Councilman Jones stated that at the last meeting of the Council, Mr. Barbera had mentioned something which he had not touched upon this evening, namely: that the Park Avenue residents wanted to know whether or not it was to be the policy of the City that the entire area concerned should be regarded as business property and if that was to be the character of the neighborhood that would be fine but they would like to know about it so they could make their plans accordingly. He asked Mr. Barbera if there had been a change of mind in that respect and Mr. Bar- bera responded, saying that the views of the residents of Park Avenue had changed on that matter and they are now interested in seeing that nothing is done toward the expansion of the factory. Mr. A. C. Carrington, Secretary - Treasurer of the company, stated he would like to present Miss Saylor's side of the matter and outlined briefly the history of the company since its commencement in Alameda. He pointed out that in 1940 the lot on which they contemplate erecting a new building was zoned for business with the sole thought in mind, that at some future time the company would expand its build- ing in that direction. He stated that they intend to build a three -story addition on this lot and that the new structure will enable them to back the trucks, now obstructing the street and sidewalk, into the building so that the loading and unloading can be done inside. He stated that it was his understanding that if the building were set back twenty feet, they would be permitted to run their trucks up on the twenty -foot strip and that the setback would cost the company approximately 2,700 square feet of floor space. He stated it had come to his attention that Mrs. Fleming had her property up for sale and was asking the price of $12,000. He also remarked that there were no windows in her house facing on the lot on which Saylor's propose to build, except two in the extreme rear of the dwelling, the lower panes of which are frosted. Councilman Tones asked Mrs. Fleming if it were true that she was asking $12,000. for her property and Mrs. Fleming replied that she was asking that price but that was for the house completely furnished, including a grand piano, silverware, linens, etcetera. Councilman Jones stated that he had listened with considerable interest to the arguments of all the persons appearing on behalf of both parties and had care- fully considered the rights and equities involved in the matter before the Council. He thereupon moved the action of the Planning Board be sustained, thereby granting authority to Miss Saylor's Chocolates, Inc. to erect its building along the lines it has in mind, waiving the twenty -foot setback. The motion was seconded by Councilman Howe. At this point Councilman Osborn stated that one of the principal arguments made to him against this waiver was the traffic hazard created by the trucks on the street and that now that he had learned that the company would run the trucks into the building, this would eliminate the obstruction of the sidewalk and nul- lify the argument against.. the proposed building. President Branscheid put the motion which on roll call was carried by the follow- ing vote. Ayes: Councilmen Howe, Tones, Osborn, Sweeney and President Brans- cheid, (5). Noes: None. Absent: None. 9. Request was made by Roscoe Saunders for a rehearing of a petition for the rezoning of certain property known as 337 Taylor Avenue, from the "A" One Family Dwelling District, to the "B" Two -to -Four Family Dwelling District, which had been denied by the City Planning Board. President Branscheid introduced this matter, stated that the district in which the property involved is located, is comprised entirely of one- family dwellings. Mr. Saunders addressed the Council, stating that it was his own home that he was asking to have rezoned from the "Al' to the "B" District; that he had owned the property for better than 12 years; that it is a ten -room dwelling and that the lot on which it is located meets the requirements for this proposed reclassification. He stated that his principal reason for asking to be permitted to convert this house into apartments was that he wished to provide additional housing for persons in the City of Alameda who are greatly in need of such facilities. He pointed out that this evening's edition of the Times -Star contains nineteen advertisements by people looking for small apartments. He stated that the district was zoned in 1940 but that since that time the City has changed greatly, as pointed out by Mr. Rooks in the arguments in the preceding hearing. He stated that the district is not what it was before by reason of the expansion of the Alameda Naval Air Station and the erection of barracks and other dwelling units by the Government. His request was for the privilege of making more living quarters in a house already built which could be done without affecting neighborhood values. He quoted the decision of the Planning Board with regard to keeping "spot zoning" out of Alameda and stated that it is not being kept out, although of course most of it is being done by the Government over which the Planning Board has no jurisdiction. He pointed out that there were only 18 protestants within a very large area - that his next door neigh- bor had not protested and that the people living on Fourth Street who had objected, face directly into the multiple dwellings erected by the Navy. Councilman Howe asked Mr. Saunders what he contemplated doing with this building and Mr. Saunders replied that he would like to convert it into three apartments and that it could be done very easily without altering the exterior of the build- ing or necessitating further openings on the ground floor. He stated that the last thing he had in mind was any desire to injure any neighbor's property or destroy its value. Councilman Howe thereupon moved this matter be laid over to the next meeting of the Council to give the members an opportunity to look into it. The motion was seconded by Councilman Sweeney and carried. OPENING OF BIDS: 10. A bid was presented and read from Taper Tube Pole Company for the furnishing of 20 -Foot Light Center Pendant Type Street Lighting Standards, in accordance with Specifications and Provisions therefor No. MS 2 -46 -1, in the amount of $16,272.32. This bid was accompanied by a certified check in the amount of $1,800. The matter was referred to the City Manager and City Engineer for study and recom- mendation. REPORTS OF COMMITTEES: 11. From the Mayor, City Manager and Auditor, reporting on the Count of Money held February 27, 1946, showing the amount of $2,020,921.95, the sum which according to the Auditor's records, should have at that time been in the City Treasury. The report was accepted and ordered filed. 12 From the City Manager, requesting permission to sell certain Fire Department junk, as listed in his communication. Councilman Osborn moved that the request be granted and also that the City Manager be authorized to sell thirty old batteries not listed in his letter, but concerning which he had subsequently informed the Council. The motion was seconded by Council- man Howe and carried. 13: From the City Manager, recommending that permission be granted to Mrs. Phyllis McCoskey of the Social Service Department, to attend a meeting of the California Conference of Social Welfare, to be held at Sacramento, April 7 to 11, 1946; and that $50. be appropriated for her expenses. Councilman Sweeney moved the recommendation of the City Manager be approved; that Mrs. McCoskey be authorized to attend the above meeting as specified and that $50. be appropriated for her expenses. The motion was seconded by Council- man Osborn and on roll call carried by the following vote. Ayes: Councilmen Howe, Tones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Ab- sent: None. NEW BUSINESS: 14. communication was presented from Mr. Arthur G. James of Palo Alto, Cali- fornia, submitting his proposal for preparing a planning report, after study and consultation, on the proposed Bay Farm Island development, including a recommenda- tion as to the use of the property for either residential or industrial purposes. The basis of compensation will be S25. per day, not to exceed $250. and for his appearance at any meetings subsequent to the one at which the report is presented, a charge of $20. will be made. Mr. McMillan explained this matter, stating that he had made an investigation and found there were two Planning Engineers in the State available for making this report. He stated that Mr. James is an outstanding Planning Engineer with a good background and that he would recommend that the money be allotted for this parti- cular work, the amount of which he considered very nominal, considering the nature of the job and the capability of the man. Councilman Jones moved the services of Mr. James be engaged on the basis outlined in his letter to the City Manager. Councilman Osborn seconded the motion which on roll call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney and president Branscheid, (5). Noes: None. Absent: None. RESOLUTIONS: 15. The following resolution was introduced by Councilman Howe, who moved its adoption: "Resolution No. 3279 Cancelling City Taxes on Real Property Acquired by the Veterans' Welfare Board of the State of California." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the Presi- dent declared said resolution duly adopted and passed. 16. The following resolution was introduced by Councilman Sweeney, who moved its adoption: "Resolution No. 3280 Transferring $12,000. from Budget Account 70 -b to Budget Account 122 -a for Payment of Storm Water Pumping Plant at North End of Grand Street." The motion to adopt said resolution was seconded by Councilman Howe and on roll call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. 17. The following resolution was introduced by Councilman Osborn, who moved its adoption: "Resolution No. 3281 Adopting Specifications for Furnishing to the City of Alameda 101 New Fire Alarm Boxes, 14 New Movements and Instrument Panel -Jack Block Combinations, and 16 New Boxes Complete, Excepting Number Plates; Calling for Bids and Directing the City Clerk to Advertise the Same." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Howe, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. Mr. McMillan explained that the purchase of these fire alarm boxes will completely modernize the City's fire alarm system and that if this modernization is done on a sufficiently large scale, it will give the City a better market for its old fire alarm boxes. ORDINANCES FOR PASSAGE: 18. ',Ordinance No. 888, New Series An Ordinance Reclassifying Property by Adding Section 31 to Ordinance No. 725, New Series." Councilman Tones moved the ordinance be adopted as read. The motion was seconded by Councilman Howe and on roll call carried by the following vote. Ayes: Council- men Howe, Jones, Osborn, Sweeney and President Branscheid, (5). Noes: None. Absent: None. 19. ',Ordinance No. 889, New Series An Ordinance Amending the Alameda Municipal Code by Adding Article 6 to Chapter 2, Title X, of Said Code, Relating to Electrical Appliances and. Adopting a Code of Standards for the Same." Councilman Sweeney moved the ordinance be adopted as read. The motion was seconded by Councilman Howe and on roll call carried by the following vote. Ayes: Council- men Howe, Tones, Osborn, Sweeney and. President Branscheid, (5). Noes: None. Absent: None. FILING: 1•••••■■•••■■•11 20. Financial Statement - Goodell, Byers 8: Henry - Bureau of Electricity, as at January 31, 1946, 21. Auditor's Balance Sheet - Month ending February 28, 1946. 22. Specifications - No. MS 3-46-2, for furnishing 101 Fire Alarm Boxes, etcetera. BILLS: 23. An itemized List of Claims Alameda in the total amounts as meetings General Departm.ents, $619.39. against some of the departments of the City of follows, was presented to the Council at this $146.85; Federal Recreation Facilities, Councilman Howe moved the bills as itemized in the List of Claims filed with the City Clerk on March 5, 1946, 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 Howe, Jones, Osborn, Sweeney and Presi- dent Branscheid, (5). Noes: None. Absent: None. ADJOURNMENT: 24. There being no further business to come before the meeting, the Council ad- journed to assemble in regular session on Tuesday evening, March 19, 1946, at 8:00 P. M.