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1964-09-22 Special CC MinutesSPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY AFTERNOON SEPTEMBER 22, 1964 The meeting convened at 5:00 o'clock p.m. with President Godfrey presiding. ROLL CALL: The roll was called and Councilmen Freeman, La Croix, Jr., McCall, Rose and President Godfrey, (5), were noted present. Absent: None. UNFINISHED BUSINESS: 1. Receipt of the Notice and Agenda of this special meeting had been acknowledged by the Council- men and was on file. The purpose of said meeting was to consider the appointment of officers, and members ,of the several Boards, Commissions, Committees and Agencies. Councilman McCall moved the Council go into executive session to discuss personnel matters. The motion was seconded by Councilman La Croix and unanimously carried. The Council then continued its deliberations in the matter of the appointment of a City Auditor, ex-officio Assessor, of the City of Alameda. After discussion of the subject, it was determined that no action would be taken on the matter at this meeting, ADJOURNMENT: 2. There being no further business to come before the meeting, the Council adjourned, to assemble in adjourned special session Tuesday evening, September 29, 1904, at 7:15 o'clock. Respectfully submitted, � , � Deputy City Clerk * * 7'; * * ^o'r ADJOURNED SPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING SEPTEMBER 29, 1964 The meeting convened at 7;15 o'clock p.m. with President Godfrey presiding. ROLL CALL: The roll was called and Councilmen Freeman, McCall, Rose and President Godfrey, (4), were noted present. ,Absent: Councilman La Croix, (1). UNFINISHED BUSINESS: l. Receipt of the Notice and Agenda of this special meeting had been acknowledged by the Councilmen and was on file. The purpose of said meeting was for consideration of the appointment of officers, and members of the several Boards, Commissions, Committees and Agencies. Councilman McCall moved the Council go into executive session to consider personnel mattero. The motion was seconded by Councilman Rose and unanimously carried. The Council then discussed briefly the appointment of a City Auditor, ex-officio Assessor, of the City of Alameda, to fill the vacancy created by the retirement:of Mr. Raymond E. Brown. It was determined that formal action in this matter would be taken at the adjourned regular meeting of the Council, which would follow immediately this special oeamioo. ADJOURNMENT: 2. There being no further business to come before the meeting, the Council adjourned. Respectfully submitted, Deputy City Clerk The Hearing was declared open and the proponents called for. Hearing none, the opponents were called. Mrs. Mary B. Canepa, 1300 Court Street, the applicant, stated her dwelling at this address was the home in which she had raised a large family. Now she was alone except for two daughters, the house was too large and too old to remodel, and there was enough land to put a duplex on it. This, she felt, would improve the property and would be of help to k«r. The parcel was approximately sixty by one hundred twenty feet, and was shown as two lots on her deeds. She said she had approached her neighbors and found no objection to what she desired to do, rather that they agreed her proposal would improve the property greatly. It was determined that the parcel had sufficient square footage for a duplex without obtaining a variance - the question was one of proper zoning rather than the size of the lot. Mrs. Inez Kapellas, 1128 College Avenue, commented on the similarity of a building of this kind to duplexes which were going up in the City at this time, citing the "couplet" concept being employed in Unit IV of the South Shore Project. Councilman Freeman suggested the rezoning application be dented, upholding the Board's recommendation, and that Mrs. Canepa apply for a variance, on the basis that these were two buildable lots. Mr. Johnson questioned this, as the City assessment books showed the property as one parcel. He said he could not commit the Planning Board on a single application for a variance of this kind. Councilman McCall felt it was significant that, although the residents of the area would already have a parking problem with the First Christian Reformed Church located across the corner from the property in question, there had been no objection raised to Mrs. Canepa's plan on this basis. Be felt proposals of this nature deserved consideration. The Hearing was declared closed. Councilman McCall requested from Mr. Johnson a recommendation as to the best solution for this request. Mr. Johnson said he disliked to see the Board and the Council, as a matter of policy, allow the erection of a duplex on this property and thereby set a precedent. He frowned also on rezoning strictly because of the age of a dwelling or on the basis of the intent of the owner, as this type of thing could lead to difficult and untenable decisions. He felt that rezoning should be for the highest and best use of the land, and pointed out that of the seventeen lots in the block only seven were of a size which would permit duplex development. One of these now was occupied by the City Fire Station. It was pointed up also that if, for any reason, the City should discontinue the Fire Station at that location, the use of the lot in future would have Mrs. Jerome A. Fzeitae, 2800 Windsor Drive, requested the opportunity to speak at this time and said, on behalf of Mrs. Canepa, that the petitioner had no support and she planned on the duplex to give her an income. After some further discussion on the subject, Councilman McCall moved the recommendation of the Planning Board be upheld and the petition be denied. The motion was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Fnur, Noes: None, Absent: Councilman La Croix, (1). Councilman McCall then moved that the Council refer this matter back to the Planning Board, with the request that it consider a variance to permit this property to-be utilized for a duplex, because of the unusual situation that these were two old lots of record. The motion was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (l). 6. In the Matter of the proposed reclassification, on the Planning Board's Own Motion, of properties known as 409-471 Taylor Avenue, I426-1438 Fourth Street and 1431-1427 Fifth Street, from the "R-2", Two-Family Residence District, to the "R-3", Garden Apartment District. The Board had recommended denial of the rezoning. The Deputy City Clerk stated the Affidavit of Publication covering the Notice of Hearing in this matter was on file, and the minutes of the Planning Board meeting at which this matter was considered had been sent to the Council for their information. Mr. Johnson stated this matter arose from a Council request that this area be examined in the light of the recently amended regulations for the ''R-3" zone. Following the Hearing by the Board, however, it could make no finding of justifiable evidence to warrant a change, that the general area was already over-congested and that Taylor Avenue was too narrow. The Staff had recommended the zone change be allowed on the general determination that the `8-3" zone did not substantially increase the densities in the area and that this might be the proper tool for owner-participation renewal in the older residential areas. The Board, however, was unanimous for denial. Two persons had appeared in favor of the change and three persons in protest. There was also a petition filed in protest. Mr. Johnson said quite an extensive study had been made of the area. He recalled that the north side of Taylor Avenue between Fourth and Fifth Streets was in the "R-2" District and across the street from an "R-4" zone. He also reviewed that a petition by Mr. Richard Roth of 457 Taylor Avenue for a reclassification to the "R-4" District had been turned down by both the Board and,tha Council. He stated a rezoning to the "R-4" zone could increase the density to slightly more than double, while under the "R-3" District it could be increased only about one-fourth to one-third. He recited various planning aspects, with relation to the properties in the area involved. Nr. Johnson said the Planning Staff felt the "R-3" zoning would be more acceptable to the residents than the "R-4". This was found to be untrue but he still felt that the "D-3" versus the "D-4" was not completely understood and that the "R-3" might be the most practical and acceptable district for the area, partly as self-help urban renewal and because it.would not alter the character or density. Mr. Cunningham stated the legal issues involved were whether the findings of the Planning Board, in its advisory report based on Sec. 11-175 of the Zoning Ordinance, should be approved, modified or disapproved. The Hearing was declared open and proponents were invited to speak, those in favor of the Planning Board's recommendation for denial. Mr. G. N. Pope, 1820 Bay Street, opposed the rezoning for the reason that he felt the Zoning Ordinance should be upheld and if conditions arose where it was found to be oppressive it should be changed. On the call for opponents to the denial, Mr. Richard Roth, 457 Taylor Avenue, stated he had a petition signed by twenty-two residents of the area involved or adjacent thereto in favor of the reclassifica- tion. Be felt that the objectors at the Planning Board Hearing were not residents of the area 'and did not fully understand the effect the proposed rezoning would have on the neighborhood. He .felt that no undue traffic hazard would be caused by the three units he wished to have on his property through the proposed change, and he planned to furnish off-street parking. He urged the Council' to approve the reclassification. There being no further speakers as opponents, the Hearing was declared closed. Councilman McCall said he had been favorably impressed with the presentation Mr. Roth and his father had made at the time of the Hearing on the previous petition on this area and their willingness to go back to the Planning Board for a solution. Be felt the request was reasonable and the explanation of the Planning Director was a good one. He therefore moved that the Planning Board be overruled in this case and the rezoning to the B-3,'DemtrictedApartment District, be approved. The motion was seconded by Councilman Freeman. Councilman Rose stated he had inspected the area and felt that nothing had changed since the previous Hearing on these properties, and if this was approved there would be protests about traffic on the block at a later time. The question was then put and on roll call the motion carried by the following vote. Ayes:: Council- men Freeman, McCall and President Godfrey, (3). Noes: Councilman Rose, (1). Absent: Councilman La Croix, (1). The matter was referred to "Introduction of Ordinances". V( 7. At this time, Mr. Johnson acknowledged publicly the assistance of Commodore Charles A. Thau in taking the members of the City Planning Board for a tour around the City of Alameda on his boat. A new perspective and fresh approach to the City's development had been gained by those who had been able to take advantage of his kind invitation. INTRODUCTION OF ORDINANCES: 8. Councilman Freeman introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, New Series." (Fourth and Fifth Streets and Taylor Avenue) 9. Councilman McCall introduced the following ordinance, after which it was laid over under pro- vision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Ordinance No. 1480, New Series, by Authorizing Modification of Agreement Authorized in Said Ordinance, Said Modification Relating to Additional Obligation of Permittee to Dredge Channel Westerly from Bay Farm Island Bridge." - Councilman Rose reported he had met with the City Attorney, Commodore Thau and Mr. William Gorman of the Aeolian Yacht Club, and Mr. James B. Davis representing Shore Line Properties, Inc. He com- mended the developer, which had agreed to make the channel 7,000 feet long, eight feet deep and 100 feet wide, which would require close Co 350,000 cubic yards of material to be dredged, rather than 200,000, as previously mentioned, and for their willingness to do the job right. He recommended that the Modification be approved. Councilman Freeman asked the width at the top of the channel. Mr. Davis said this could not be specifically stated, but it would be approximately 200 feet. Councilman Freeman requested that a minimum 200-foot width at the top be inserted in the Agreement. Mr. Davis said the Corporation would resist this for the reason that the design of the channel had not been completed. However, he assured that it would be the proper width at the top to retain its structure. Councilman Freeman requested clarification as to the stability of such a channel, and what width would be less likely to fill. Assistant City Engineer Lee Eichelberger replied this would depend on the material itself as it was dredged as to the side slopes it might take. Be felt the Soils Engineers could give an answer to this question. Councilman McCall read from the Agreement concerning the length, depth and width of the proposed channel, and stated he felt the matter was adequately covered. Mr, Charles A. Thau was permitted to speak at this time, in accordance with his earlier request. Speaking on behalf of the Aeolian Yacht Club as its Commodore, he stated they felt this was a very fine thing. Be commented briefly upon the problems of dredging, and then thanked the Council for its patience and cooperation, and Shore Line Properties, Inc,, for agreeing to the Modification. &r. Davis, having requested permission to speak at this time also, stated his client, after examining the Agreement, had come to the conclusion that it was in the best interests of the overall develop- ment, and certainly of the City. He thanked the Yacht Club and the members of the Council for their courtesy. President Godfrey requested that Mr. Davis express to Shore Line Properties, Inc., the appreciation of the Council for their willingness to dredge the channel. Councilman Freeman then requested clarification on a paragraph where the Agreement specified that the "City shall have no obligation to maintain said channel". Councilman Rose stated this had been his idea, although the other members of the committee working on the Modification did not feel it was necessary. If the other members of the Council preferred this to be deleted, he said he would not object. It was decided, however, that the paragraph should remain in the document. RESOLUTIONS: lO. The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6687 Appointing Italo A. Calpestri Auditor and Ex-Officio Assessor of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). ll. The following resolution was introduced by Councilman Freeman, who moved its adoption: ' | "Resolution No. 6688 Resolution of the Council of the City of Alameda In Appreciation and Commendation of Raymond E. Brown, Retired Auditor, Ex-Officio Assessor, of the City of Alameda." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). r / 12. The following resolution was introduced by Councilman Rose, who moved its adoption: "Resolution No. 6689 RESOLUTION OF THE COUNCIL OF THE CITY OF ALAMEDA IN MEMORIAM TO E. RANDOLPH SIMONSON "WITH HEARTFELT SORROW, the Council of the City of Alameda records the death of one of its former, faithful employees, E. RANDOLPH SIMONSON. "WHEREAS, Mr. Simonson had commenced his employ with the City of Alameda in the position of Deputy Field Assessor in the Department of the City Auditor, ex-officio Assessor, as of December 16, 1942, and had retired on July 31, 1955; and "WHEREAS, Mr. Simonson had conscientiously and capably performed the duties of his job and had exemplified a great spirit of friendliness and cooperation with his fellow workers. "NOW, THEREFORE, BE IT RESOLVED that, in recognition of the faithful service given by Mr. Simonson while in City employ and his harmonious relations with all of his associates, the Council of the City of Alameda expresses its sense of gratitude for the loyalty and the excellent work of this former employee. "BE IT FURTHER RESOLVED, that this resolution be spread in full upon the minutes of this meeting and a copy thereof be sent to the family of Mr. Simonson in order to extend to its members a sincere expression of condolence in their bereavement. "BE IT FURTHER RESOLVED, that when this meeting of the Council of the City of Alameda adjourns-, it shall do so in respect to the memory of E. RANDOLPH SIMONSON." The motion to adopt said resolution was seconded by Councilman Freeman and on roll call carried by the following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). 13, The following resolution was introduced by Councilman McCall, who moved its adoption: "Resolution No. 6690 RESOLUTION OF THE COUNCIL OF THE CITY OF ALAMEDA IN MEMORIAM TO JOHN J. MULVANY "WITH DEEP SORROW, the Council of the City of Alameda records the death of one of its pioneer businessmen, a most outstanding and public-spirited citizen, JOHN J. MULVANY. ���� ���� "WHEREAS, Mr. Mulvany had been actively engaged in the business life of the City as a banker and as a realtor, having founded an early-day bank and later served for many years as an officer of a large banking system, and had contributed his talents toward the denelop- ment of the Feruaide residential area of the City; and "WHEREAS, Mr. Mulvany had been instrumental in the establishment of the Naval Air Station within the City, the installation of which has enhanced remarkably the economic and social status of the community; and , ! / "WHEREAS, Mr. Mulvany had brought honor to the City through his leadership in founding the Alameda County Chapter of the Navy League and by his participation in its activities as the first President and also as a member of the national boards of the organization, an interest which brought him recognition when, in 1957, the Distinguished Public Service Award was bestowed upon him by the United States Navy; and NBEREAS, Mr. Mulvany had given unstintingly of his time, effort and knowledge as a member of various philanthropic and civic boards, commissions and committees, for the benefit and welfare of his fellows, and had worked tirelessly as a delegate in the political party i of his choice; and "WHEREAS, Mr. Mulvany had earned the respect and affection of his many friends, great and small, by his kindliness and gentle humor. "NOW, THEREFORE, BE IT RESOLVED that, in acknowledgement of his contribution of personal service to the community, the Council of the City of Alameda hereby expresses its sadness at the loss of this fine man and its appreciation for his active participation in many phases of the City's growth. "BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and that a copy thereof be forwarded to the family of Mr. Mulvany in order to extend to its members a sincere expression of sympathy and condolence in their bereavement; and "BE II FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of JOHN J. MULVANY." The motion to adopt said resolution was seconded by Councilman Rose and on roll call carried by the The President then declared the foregoing resolutions adopted. FILING: following vote. Ayes: Four. Noes: None. Absent: Councilman La Croix, (1). ADJOURNMENT: } 15. The President asked that all stand for a moment of silence in observance of the passing of E. Randolph Simonson and John J. Mulvany. There being no further business to come before the meet- ing, the Council adjourned in respect to the memory of E. RANDOLPH SIMONSON and JOHN J. MDLVA0Y - to assemble in regular session Tuesday evening, October 6, 1984, at 7:30 o'clock. Respectfully submitted, „ ^ Deputy City City Clerk-