1995-08-15 Regular CC Minutes2884
MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
AUGUST 15. 1995
The meeting convened at 7:32 p.m., with Mayor Appezzato presiding.
The Pledge of Allegiance was led by Councilmember Lucas. Reverend
Jack Buckley, First Presbyterian Church, gave the invocation.
ROLL CALL - Present:
Absent:
Councilmembers Arnerich, DeWitt, Lucas,
Vice Mayor Mannix and President Appezzato
- 5.
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
None.
CONSENT CALENDAR
President Appezzato announced that the following items were pulled
for public discussion: 4-B (95-517) [Report from Assistant City
Manager regarding Opposition to Assembly Bill 1800 (Alby) -
Exempting Airport Land Use Commissions from CEQA]; and 4-C
(95-518) [Report from Fire Chief requesting authorization to
develop Alert Warning Siren Bid Specifications].
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Vice Mayor Mannix seconded the motion, which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
(*95-511) Minutes of the Special and Regular Council Meetings
of August 1, 1995. Approved.
(*95-512) Report from Public Works Director recommending Award
of Contract in the amount of $453,374 to Fox Construction for Fire
Station #1, ADA, Seismic & HVAC Upgrading, and Asbestos Abatement,
No. P.W. 10-94-16 and Fire Station #2, ADA Upgrading and Asbestos
Abatement, No. P.W. 10-94-17. Accepted.
(*95-513) Report from Public Works Director recommending
Adoption of Plans and Specifications and Calling for Bids for
Rehabilitation of Play Courts at Washington, McKinley, Leydecker
and Godfrey Parks, No. P.W. 05-95-12. Accepted.
(*95-514) Report from Public Works Director recommending
Adoption of Plans and Specifications and Calling for Bids for
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August 15, 1995
283
Infiltration and Inflow, Sanitary Sewer Replacements in Certain
Streets, Phase 5, No. P.W. 08-95-15. Accepted.
(*95-515) Introduction of Ordinance "Amending the Alameda
Municipal Code by Repealing Section 5-29 (Parades), of Chapter V
(Licenses and Permits), Relating to Parade Permits, and Adding a
New Section 5-29 Relating to Permits for Parades, Athletic Events
and Public Assemblies." Introduced.
(*95-516) Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $4,470,177.52. Ratified.
(95-517) Report from Assistant City Manager regarding
Opposition to Assembly Bill 1800 (Alby) - Exempting Airport Land
Use Commissions from CEQA. Accepted.
Councilmember DeWitt stated that the City Council opposes AB 1800
because airports would be allowed to build and expand without
public input.
Councilmember DeWitt moved approval of the recommendation.
Councilman Arnerich seconded the motion, which carried by unanimous
voice vote - 5.
(95-518) Report from Fire Chief requesting authorization to
develop Alert Warning Siren Bid Specifications. Accepted.
Gerhard Degemann, Alameda, stated that the sirens should be
synchronized.
Neil Patrick Sweeney, Alameda, urged authorization of Bid
Specifications.
The Fire Chief gave a brief overview of the proposed system; stated
that the purpose of the system is to improve alerting and
notification for various types of disasters; and that a public
education campaign will be conducted to educate citizens that when
the warning sirens activate, to tune to the Civil Defense Broadcast
to receive specific information for their area.
Councilman Arnerich stated that the key criteria in the success of
proposed system is the command center.
In response to Councilman Arnerich's statement, the Fire Chief
concurred and stated that the command center was a key element of
the notification system and will be a component together with the
siren system.
Vice Mayor Mannix moved approval of the recommendation. Councilman
Arnerich seconded the motion, which carried by unanimous voice vote
- 5.
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August 15, 1995
284
President Appezzato announced that Council anticipated live
coverage of the Council meetings beginning September, 1995.
REGULAR AGENDA ITEMS
(95-519) Public Hearing to consider an Appeal of a Planning
Board denial of a Variance for a 740 square foot, one story
expansion to the rear of an existing church to encroach ten feet
(10') into the required twenty foot (20') rear yard at 1531 Sixth
Street (Applicant/Appellant: Daniel Weller for Alameda Community
Church); and Resolution No. 12680 "Upholding the Planning Board's
Denial of Variance V-95-2 Relating to Construction of a 740 Square
Foot, One Story Expansion to the Rear of an Existing Church to
Encroach Ten Feet (10') Into the Required Rear Yard at 1531 Sixth
Street." Adopted.
President Appezzato opened the public portion of the Hearing.
Shirley Cummins, Alameda, stated that the Church is very quiet;
neighbors had encroached too close to the Church's fence; that the
grounds of the Church had ample room for expansion; and spoke in
support of the Appeal.
Gary Thomas, Planning Board President, stated that numerous
residents spoke before the Planning Board on the Project; various
issues were addressed; there was room to expand on the property
without a Variance; and that based on input from the neighbors, the
Planning Board determined it would not be appropriate to grant a
Variance.
Lawrence Brunk, Alameda, stated that his home was located behind
the Church and the backyard ran along the Church's fence line; he
expressed concern regarding possible adverse affects due to the
Project; and spoke in opposition to the Appeal.
In response to President Appezzato, Mr. Brunk stated that he
purchased his home 16 years ago and has never altered it.
Kenneth Peterson, Alameda, spoke in opposition to the Appeal; and
expressed concern regarding parking and noise issues.
Daniel Weller, Appellant, Alameda Community Church, stated that due
to his hearing disability, his son, Donald Weller, would speak on
his behalf; and clarified that it was Mr. Brunk's sideyard that was
three feet from the Church's fence, and not the backyard.
Donald Weller, Alameda Community Church, stated that the proposed
20-foot expansion was intended to be a meeting hall and used as a
dining area; that said expansion would not necessarily increase
membership nor impact on parking other than what already exists;
that the proposed expansion would be enclosed and would not make
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285
much of a difference from existing noise levels; that the Church
discussed the Planning Board's concerns with the neighbors; that
the Church has a capacity for 150 members, although the membership
is much less; that negative impacts were not expected, including
property values; that it was suggested the expansion for the dining
area be built in the front; that said suggestion was not feasible
because the kitchen facilities were in the rear; that there would
not be any changes as far as Design Review; and the Project is more
of a positive impact for the neighbors than if the Church moved
things outside.
In response to Councilmember Lucas's comments regarding a
reconfiguration that would not require a Variance, Donald Weller
responded it would be too expensive.
In response to Councilman Arnerich's concerns regarding noise,
Daniel Weller stated that the walls were to be insulated and agreed
to consider a double wall.
In response to President Appezzato, Donald Weller stated, if the
Variance was denied, the Church still planned to build out ten
feet.
At the request of Councilmember Lucas, the Planning Director
briefed the City Council on the matter.
Councilmember Lucas moved to uphold the Planning Board's decision.
Vice Mayor Mannix seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers DeWitt, Lucas, Mannix
and President Appezzato - 4. Noes: Councilman Arnerich - 1.
[Adopted Resolution No. 12680, Upholding the Planning Board's
Denial of Variance V-95-2 Relating to Construction of a 740 Square
Foot, One Story Expansion to the Rear of an Existing Church to
Encroach Ten Feet (10')Into the Required Rear Yard at 1531 Sixth
Street.]
(95-520) Public Hearing to consider an Appeal of a Planning
Board denial of a Variance and Use Permit for an as-built addition
and a proposed deck at 3363 Fernside Boulevard,
(Applicant/Appellant: Dieter and Helene Rabe); and a Resolution
"Upholding the Planning Board's Denial of Variance V-95-8, Use
Permit UP-95-5, and Design Review DR-95-36 Relating to an As-Built
Residential Addition and Proposed Deck at 3363 Fernside Boulevard."
Councilmember Lucas announced that she would abstain from
addressing matter due to a Conflict of Interest, and left the dais.
Gary Thomas, Planning Board President, stated that the issue was
before the Planning Board twice and twice denied; a room was built
over property that is not the Rabes; Mr. Rabe has tried to purchase
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August 15, 1995
296
the federal land; the Planning Board believed approval would open
the door for future encroachments; and that the problem of
ownership of Estuary property should be resolved through Tidelands
or the Army Corp of Engineers.
Lisa Fasano, Alameda, stated that she lives next door at 3359
Fernside Blvd.; the unit at 3363 Fernside has been a problem as
far back as when her grandparents owned the property; it has never
conformed to the side yard setbacks; the structure hangs over their
[Fasano] property and there is no privacy; and that the Fasano
family wants the building to stop growing down the property line.
Carol Kruger, Alameda, joint owner of 3359 Fernside Blvd.,
concurred with Lisa Fasano; and agreed with the Planning Board's
denial.
Pam (McQuay) Fernandez, Alameda, joint owner of 3359 Fernside
Blvd., urged the City Council to uphold the Planning Board's
decision.
Shirley Cummins, Alameda, made the comment it bothers her if
Councilmembers do not visit properties which are appealed.
Dieter Rabe, Applicant/Appellant, 3363 Fernside, expressed
appreciation to the Mayor and Councilmembers for looking at the
property; and he noted that the deck was originally 10 feet.
In response to Vice Mayor Mannix's inquiry regarding the enclosure,
Mr. Rabe stated that the rear deck enclosure is a sunroom with an
individual door.
Vice Mayor Mannix stated that he looked at the property; the rear
deck extends onto the land that the Rabes lease and want to secure
from the federal government; and he does not see a major problem
with the rear deck.
President Appezzato stated that it is his third time to hear the
matter; he will remain consistent with his previous vote and
uphold the decision of the Planning Board.
Councilmember DeWitt stated that it appears Council could grant a
Variance if the Rabes would put up a barrier to obstruct the view
into the neighbor's property; and permission to build on federal
land is required from the government.
The Planning Director stated that the Planning Department and the
Rabes have been working with Congressman Dellums' Office to urge a
process whereby land could be conveyed to adjacent property owners;
and the matter has been attached to the Clean Water Act Bill for
consideration.
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August 15, 1995
287
Councilmember DeWitt questioned whether the Appeal should be
delayed until an official answer is available.
The Acting City Manager responded that it is a viable option.
The Planning Director stated that the City must act on the
Applications within six months by State law, or the Project could
be approved by default; the choices are to request the Rabes to
withdraw the Appeal [Project] at this time, or to act on the Appeal
now; if the Council chose to uphold the Variance, Council could
direct staff not to proceed with enforcement for a period of time,
and allow the process to get federal legislation for conveyance of
property to proceed.
Councilman Arnerich stated that the illegal deck was constructed
before the Rabes purchased the property, and he does not understand
why an enclosure is an issue now.
The Planning Director stated that three years ago the Planning
Board indicated it could not support an extension of living area
over the property line; and that the two-story addition, built
approximately two feet from a property line, has significant impact
on adjacent property.
Councilmember DeWitt inquired whether the Rabes would be willing to
withdraw the Project.
In response to an inquiry from Mr. Rabe, the Planning Director
explained the consequences of withdrawing the Project; she stated
that the Rabes would not have exhausted their administrative
remedies which would prevent them from proceeding to Court; but
that the Project could be resubmitted within one year, which would
not be the case if there was a denial of the Variance.
Mrs. Rabe noted that the deck structure is 12 feet away from the
property line.
Mr. Rabe stated that he would withdraw [the Project].
Vice Mayor Mannix moved that the City Council accept withdrawal [of
the Project] and direct the Planning Director to contact Mr. Rabe
and explain the issues. Councilmember DeWitt seconded the motion,
which carried by the following voice vote: Ayes: Councilmembers
Arnerich, DeWitt, Mannix and President Appezzato - 4. Noes: None.
Abstentions: Councilmember Lucas - 1.
(95-521) Hearing to consider Resolution "Declaring 1818 Park
Street a Public Nuisance." Resolution not adopted.
President Appezzato stated that the public nuisance had been
abated.
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August 15, 1995
288
Acting City Manager Rob Wonder noted that the Alameda County
Environmental Agency fumigated the property on August llth, and the
problem was resolved.
Mr. Fong, Alameda County Environmental Agency representative,
stated that the Agency worked with City staff and the problem was
handled expediently.
Councilmember Lucas moved acceptance of the report. Vice Mayor
Mannix seconded the motion, which carried by unanimous voice vote -
5.
(95-522) Report from City Manager regarding Comprehensive Code
Enforcement Program.
The Acting City Manager explained that the Program will be
centralized in the Police Department and staffed by two
individuals; the Enforcement Program will deal with the Uniform
Housing Code, Building Code, Appeals Board and, at a later date, a
property maintenance ordinance.
Vice Mayor Mannix moved the staff recommendation that Council
provide direction regarding the creation of a centralized code
enforcement division in the Police Department, direct staff to come
back with a proposal to fund the program, and to finalize and bring
back an Ordinance repealing the Uniform Swimming Pool Code Penalty
Provisions, an Ordinance adopting the Uniform Housing Code, an
Ordinance adopting Abatement Ordinance [Regulations], an Ordinance
establishing Housing Code Advisory and Appeals Board, and a Vacant
Building Ordinance.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(95-523) Report from Planning Director regarding a
Recommendation from the Planning Board regarding a Fee Waiver
request by Walt Musso for the processing of an in-lieu parking fee
at 2233 Santa Clara Avenue.
Councilmember Lucas moved that Council uphold the Planning Board's
decision to deny fee waiver. Councilman Arnerich seconded the
motion, which carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
(95-524) Shirley Cummins, Alameda, suggested that the
Planning Director contact Daniel Weller [regarding denial of
Appeal, Item No. 5-A] regarding his options and waiving fees; also
stated that the City should look at Mr. Brunk's property.
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Ms. Cummins further stated, [regarding Item 5-C] that occupants of
buildings should be considered when utilities are turned off,
particularly if residents are ill.
(95-525) Neil Patrick Sweeney, Alameda, reported
that a Town Meeting on Base Closure will be held September 9, 1995.
COUNCIL COMMUNICATIONS (Communications from Council)
(95-526) Consideration of Mayor's nominations for appointment
to the Economic Development Commission: a Community-At-Large Member
and a Member with expertise in Marine/Waterfront related area.
(Partial Terms)
President Appezzato nominated Anthony Daysog for appointment as a
Community-at-Large Member.
(95-527) Consideration of Mayor's nomination for appointment
to the Planning Board. (Partial Term)
President Appezzato nominated Mr. Ronald Rossi for appointment to
the Planning Board.
(95-528) Councilmember Lucas stated staff should consider the
street sweeping signs in the 1900 block of Third Street; that both
sides of the street are scheduled for sweeping on the same day and
at the same hour.
(95-529) Councilman Arnerich stated that he would like staff
to prepare a list of dormant properties, e.g. along Webster, Park,
and High Streets, and report to Council.
(95-530) Councilmember DeWitt stated that he would like staff
to investigate a used car lot established in front of the Lucky's
Store at Tilden Way and Blanding Avenue.
(95-531) Councilmember DeWitt stated that he would like the
property owners of U-Haul at Clement and Grand Avenues to improve
its appearance.
(95-532) Councilmember DeWitt requested a staff report on the
City's program to fill vacant businesses on Webster Street and
throughout the City.
Mayor Appezzato stated that staff could work with the Economic
Development Commission and the Chamber of Commerce.
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290
(95-533) Councilman Arnerich stated that the new cinema
complex located in Emeryville generates a great deal of foot
traffic in the mall and streets; and that the future Alameda
Theater may greatly increase revenues in Alameda.
ADJOURNMENT
(95-534) President Appezzato adjourned the meeting at 9:33
p.m. in memory of Richard "Dick" Bartell, a former major league
baseball player and distinguished citizen of the community.
pectfully su 't d,
&B. FE SCH, C C
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
Regular Meeting, Alameda City Council
August 15, 1995