1992-09-15 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 15, 1992
The meeting convened at 8:02 p.m. (following the Community
Improvement Commission Meeting) with President Withrow presiding.
Councilman Arnerich led the Pledge of Allegiance and Reverend Doug
Henderson gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas,
Roth, and President Withrow - 5.
Absent: None.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Withrow announced that Council convened a Special Council
Meeting at 6:45 p.m. and adjourned to Closed Session to consider:
92-645 Labor Relations, pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act. Mayor Withrow stated
Council gave further instruction to City's negotiator; no action
was taken.
92-646 Significant Exposure to Litigation, pursuant to
Subsection (b) of Government Code Section 54956.9 of the Brown Act.
Mayor Withrow stated no action was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
92-647 Presentation of Special Citation for Outstanding
Pedestrian Program Activities Award by American Automobile
Association to the City of Alameda and the Alameda Police
Department.
Gerard Maurer, California State Automobile Association, presented
a plaque on behalf of the American Automobile Association to Mayor
Withrow, noting the City of Alameda has been chosen for special
recognition for its outstanding accomplishment in safety and
protection through its pedestrian program activities.
92-648 Proclamation Declaring the Week of October 4 through
October 10, 1992, as Public Power Week.
Mayor Withrow read the proclamation and presented same to William
Lewis, General Manager, Bureau of Electricity, who accepted on
behalf of the Public Utilities Board.
CONSENT CALENDAR
Mayor Withrow announced that report (92-665) calling for bids for
Traffic Signal and Interim Striping at Fernside Boulevard;
resolution (92-666) regarding Foreclosure of Liens; and
introduction of ordinance (92-667) pertaining to Restrictions on
Dissemination of Confidential Documents, were removed from the
Consent Calendar for discussion.
September 15, 1992
Councilmember Camicia moved approval of the remainder of the
Consent Calendar; Councilman Arnerich seconded the motion which
carried by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*92-649 Minutes of the Regular Council Meetings of August 18, and
September 1, 1992. Approved.
*92-650 Report from Public Works Director recommending acceptance
of Work by BMB Underground Construction for Regent Street Storm
Drain Project, No. P.W. 1-92-03. Accepted.
*92-651 Report from Public Works Director recommending
modification of the Make-up of the Solid Waste Management Recycling
Committee. Accepted.
*92-652 Report from Public Works Director recommending adoption
of Plans and Specifications and Calling for Bids for the Repair and
Resurfacing of Certain Streets, Phase 14, No. P.W. 3-92-07.
Accepted.
*92-653 Report from the Community Development Director regarding
Business Retention and Development Work Program Status Report.
Accepted.
*92-654 Report from the Community Development Director Regarding
Alameda County Economic Development Advisory Board Annual Report.
(Community Improvement Commission Meeting, 9-15-92, Paragraph 92-
99)
*92-655 Report from Finance Director transmitting Investment
Report for Period Ending August 31, 1992. Accepted.
*92-656 Report from Finance Director transmitting Quarterly Sales
Tax Report for Period Ending June 30, 1992.
*92-657 Resolution No. 12317 "Resolution Establishing Policy for
City Council Ballot Measure Arguments." Adopted.
*92-658 Resolution No. 12318 "Authorizing Execution of Grant of
Easement to the State of California to Maintain a Bicycle Bridge
Across the San Leandro Channel, Said Bridge Known as the Bay Farm
Island Bicycle Bridge." Adopted.
*92-659 Resolution No. 12319 "Committing to Local Match and
Project Delivery Schedule for Intermodal Surface Transportation
Efficiency Act (ISTEA) Funds for Fiscal Year 1992-93, and
Understanding that Cost Increases are Ineligible for Additional
ISTEA Congestion Mitigation and Air Quality (CMAQ) or Surface
Transportation Program (STP) Funding." Adopted.
*92-660 Resolution No. 12320 "Amending Resolution No. 12306,
Authorizing Submittal of Grant Applications for Assembly Bill 434
September 15, 1992
Funds, for 1) Subscription Ferry Feeder Bus Service, 2) Employer
Bike Facilities Program, 3) Bike to BART Program, 4) Electric
Vehicle Pool Car Replacement Program, 5) Subscription Vanpool
Service for Alameda Unified School District and City of Alameda
Employees, and 6) Compressed Natural Gas Conversion of Shuttle
Buses." Adopted.
*92-661 Resolution No. 12321 "Approving Parcel Map No. 6343,
Marina and Parking Lot, and Parcel Map 6340, Shipway Residential,
and Accepting Dedication of Parcels for Public Use. (Alameda Marina
Village)." Adopted.
*92-662 Resolution No. 12322 "Establishing a Penalty Structure
for Transportation Systems Management." Adopted.
*92-663 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Repealing Subsection 8-7.5 of Chapter VIII (Traffic and
Motor Vehicles) Relating to Parking for Demonstration." Introduced.
*92-664 Bills, certified by the City Manager as true and correct,
were ratified in the sum of $1,675,452.61.
92-665 Report from Public Works Director recommending adoption
of Plans and Specifications and Calling for Bids for Signalization
of Fernside Boulevard at Encinal Avenue and Interim Striping at
Fernside Boulevard at San Jose Avenue, No. P.W. 9-92-13.
Janet Waring, East Shore Homeowners' Association, submitted a
letter from Transportation Manager indicating work was to be
completed in September; stated three concerns: 1) that signals at
Fernside Blvd. and Encinal Avenue have not been installed yet; 2)
the right-hand turn by Lincoln School onto East Shore Drive has not
been eliminated, and 3) complaints have been received regarding
speeding.
The City Manager addressed the delay of the project; stated staff
may now expedite work; the striping plan in staff report outlines
accomplishing removal of right-hand turn lane; stated the Police
Chief will meet with the President of the Homeowners' Association
and see if specific areas can be indentified and City can help.
Councilman Arnerich stated the signals should be going in within
the next 3 or 4 months; there are grave concerns regarding striping
and sketches will be provided to the City Council.
Councilman Arnerich moved to accept the report recommending calling
for bids for the stop signs; and hold over the restriping for
further review by staff and Council. Councilmember Roth seconded
the motion which carried by unanimous voice vote - 5.
92-666 Resolution No. 12323 "Determining that the Public
Interest and Necessity Require Foreclosure of the Liens of Certain
Delinquent Unpaid Assessment Installments and Directing the Filing
of Foreclosure Actions in the Superior Court, Pursuant to Sections
September 15, 1992
8830 Through 8835, Inclusive, of the Streets and Highways Code."
(Held over from September 1, 1992, Council Meeting)
Vice Mayor Lucas stated the City is obligated to initiate
foreclosure proceedings under the Assessment District, there is no
choice; many of the buildings being held by RTC [Resolution Trust
Corporation] are being neglected; would like staff to write RTC
that we realize that they are administering this property and look
to them to do an adequate job to maintain this important structure
[Marina View Towers] in Alameda.
Vice Mayor Lucas moved adoption of the resolution. Councilman
Arnerich seconded the motion which carried by unanimous voice vote
- 5.
92-667 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Amending Subsection 5-6.6 of Chapter V, (Licenses and
Permits) Article I, pertaining to Restrictions on Dissemination of
Confidential Documents Relating to Licenses and Permits."
Introduced.
Charles Millman, Alameda, stated this issue is sensitive, and it
should be the attitude of Council not to increase secrecy but to be
more open with the citizens.
The City Attorney stated this item is a balancing of a person's
right to privacy and the public's right to know; the existing
system is confidential and what the Council is doing is allowing
additional access, opening it up, not further closing it down.
Vice Mayor Lucas stated her concern is that the proposal makes
information available and possibly violates rights of privacy.
The City Manager explained the specific need is for information for
Police and Fire Departments, in order to notify business property
owners in an emergency.
Vice Mayor Lucas stated the information is available in County
records; and she will not be voting for this [ordinance].
Councilmember Roth stated information would still be held
confidential and he believes property owners would like to be
notified.
Vice Mayor Lucas commented perhaps property owners could state that
they do not object to information given.
Councilman Arnerich stated the matter would not be treated lightly,
is not an invasion of a person's right, and is a protection for the
owner of the building; and moved acceptance of the proposed
amendment. Councilmember Roth seconded the motion which carried by
the following voice vote: Ayes: Councilmembers Arnerich, Camicia,
Roth and President Withrow - 4. Noes: Vice Mayor Lucas - 1.
Absent: None.
September 15, 1992
REGULAR AGENDA
92-668 Public Hearing to consider an Amendment to the Alameda
Municipal Code pertaining to the City of Alameda Sign Regulations,
and
Ordinance No. , N.S. "Amending the Alameda Municipal Code by
amending Subsections 30-6.2, 30-6.5(h), 30-6.15(m)(4), and 30-
6.15(m)(5), of Chapter XXX (Development Regulations), and adding
Subsection 30-6.15(y), Pertaining to the City of Alameda Sign
Regulations." Introduced.
The Planning Director explained the background of the matter, which
addresses the regulation of real estate signs; For Sale signs in
automobiles, a local concern with respect to a congregation of
vehicles for sale; and changes dealing with recent case law with
respect to sign control.
President Withow inquired if reference included signs in vehicles
lined up on the street off Island Drive on weekends; and the
Planning Director confirmed it was.
The City Attorney stated content-based discrimination cannot be
prohibited, e.g., prohibiting For Sale signs while allowing bumper
stickers or other variety of signs.
President Withrow requested staff focus on the issue and find out
if there is a way to control or eliminate [the problem].
The City Attorney replied the Traffic Advisory Committee [TAC] has
met numerous times on the issue.
The Public Works Director clarified TAC is working on the matter
and will be planting additional trees to screen the area.
Councilman Arnerich stated the area is basically to be a passive
park area where people can park and e.g., stroll, fish, bicycle;
but the parking spaces are taken up by sale cars; and suggested
staff look into restrictive one- or two-hour time zone; and cars
should be sold from lots so the City could benefit.
Vice Mayor Lucas moved the recommendation [to approve the Zoning
Text Amendment]. Councilman Arnerich seconded the motion which
carried by unanimous voice vote - 5.
92-669 Report from Vice-Chair, Mayor's Committee on Ethnic and
Cultural Diversity, regarding training recommendations for the
Police Department.
Muhammad Aleem Ali, representing Coalition of Alamedans for Racial
Equality (CARE), commended Mayor's Committee for its perserverance
and remaining focused on the issue; agreed with Committee findings;
stated CARE expects meaningful action based on findings.
September 15, 1992
Kate Quick, Alameda, stated she sees the report, not as an end, but
a beginning product, a real and positive change for the community;
made suggestions, including checkpoints for completion of tasks and
professionals to help; and commitment is necessary.
Niall Leahy, Alameda, stated he chose Alameda to live because of
its small-town atmosphere and safety; credits law enforcement; the
Police Department is excellent though not perfect, commends
Committee, and supports its recommendation.
Elizabeth Rogers, Alameda, commended Council for doing something
about the problem, stated the report is excellent and Council must
move forward with it or lose credibility.
Lee Perez, Alameda, introduced Committee Members present; gave the
background of Committee's work; commended its Members; noted
positive experience he had with Police Department when he moved to
Alameda; suggested report be read carefully and questions asked of
the Committee.
Councilman Arnerich stated the report was much needed; Council is
looking at all public employees; and the report will be taken
seriously by Council.
President Withrow commended Lee Perez and the Committee; stated the
report is a living document, a catalyst for change; and he would
like the Committee to look at the School District, Fire Department,
Public Works Department and Planning Department.
Councilmember Roth commented the Committee should continue for
follow-up purposes; requested each [report] item be brought back
individually to a Council Meeting for in-depth discussion; would
like Committee, in two years, to review and determine if City has
made improvements; requested staff, when they come back with a
report, to address the feasibility of investigating complaints
outside of City departments, and perhaps a reviewing body answer to
the City Attorney.
President Withrow stated the Social Service Human Relations Board
could receive complaints and interface with an internal review
commission reporting to the City Attorney.
Councilmember Camicia stated he agreed with Councilmember Roth that
the Committee should continue.
Vice Mayor Lucas stated she would like a Council-appointed
ombudsman who is independent and would have access to everyone in
City Government; a review committee would require public disclosure
and some people may hesitate to step forward; and commented in
appreciation of Committee's excellent work.
Mayor Withrow requested staff pursue the issue of an implementation
document to be returned to Council; included within that would be
the management information systems that have been alluded to by
September 15, 1992
speakers and the management control systems that would give Council
confidence there is an on-going program.
Councilman Arnerich recommended report be turned over to the City
Manager for implementation; that the City Manager report to Council
on progress and on proper legal procedures--whether an ombudsman
and citizens' review committee are legal; and accepted report's
recommendation. Councilmember Lucas seconded the motion.
In response to Councilmember Roth, Councilman Arnerich clarified
his motion directs staff to take the Report, bring it back to
Council as they go through it, and to keep Council up-to-date on
progress.
The motion carried by unanimous voice vote - 5.
92-670 .Report from Chief of Police regarding Community Policing.
Councilmember Roth stated this is one of the steps in the previous
report (92-669) that has been an ongoing item and shows the
[Police] Department has been paying attention and is trying.
Councilman Arnerich commented on efforts of Mayor and Council with
respect to Harbor Patrol Program, Webster Street Walking Patrol,
patrol teams, geographic responsibility, and numerous other
programs; stated the City is working together; a problem existed,
Council is trying to control it; minority recruitment, sexual
harassment, sensitivity programs, PAL program are being worked on;
and recommended acceptance of report from Police Chief.
Councilmember Roth seconded the motion.
Councilmember Camicia explained community-based policing; community
based policing gives an officer responsibility for people in a
neighborhood, allows him to get to know those people, and is a way
to establish communication.
The motion was carried by unanimous voice vote - 5.
92-671 Report from Assistant City Manager Proposing Conditions
Under Which the City Could Assume Responsibility for Bay Farm
Island (BFI) Perimeter Dike.
Mayor Withrow noted a conflict of interest exists because the
Mayor, City Manager, and City Attorney live on Bay Farm Island, and
all three stepped down from the dais; Vice Mayor Lucas assumed the
Chair; the Assistant City Manager and the Acting City Attorney were
seated on the dais.
The Assistant City Manager explained the background of the matter;
conditions are a one-time contribution from Community of Harbor Bay
Isle Owners Association [CHBIOA] to an annual maintenance fund and
repair of existing conditions on the dike, and establishment of an
Assessment District to be used only if a major dike failure occurs;
conceptual approval is requested from Council, legal documentation
September 15, 1992
will be brought back to Council; Councilmembers Roth and Arnerich
were the Committee members.
Tom Jordan, Executive Director of Community of Harbor Bay Isle,
stated the Community fully supports the position of the Committee
and the report; and he encouraged Council to move forward on the
report and concept set forth.
Councilmember Roth stated he believes the Committee has produced a
concept that is cost-saving for the property owners and the City.
Vice Mayor Lucas inquired why a new district is more efficient than
retaining the existing district, and Mr. Jordan replied the purpose
of the new district would only be called into action in the event
of a major failure of the dike.
Noel Folsom, Alameda, questioned the area involved and was answered
by Vice Mayor Lucas.
Councilman Arnerich noted the Assistant City Manager and Public
Works Director worked on the Committee; believes the proposal is
fair and will be beneficial for many years to come.
Councilmember Roth moved Council "continue in the direction we are
headed." Councilmember Camicia seconded the motion which was
carried by the following voice vote: Ayes: Councilmembers
Arnerich, Camicia, Roth and Vice Mayor Lucas - 4. Noes: None.
Absent: None. Abstentions: President Withrow - 1.
92-672 Report from Finance Director transmitting Year End
Financial Report, Fiscal Year 1991-92.
Councilman Arnerich commented the report was outstanding and moved
acceptance. Vice Mayor Lucas seconded the motion which carried by
unanimous voice vote - 5.
92-673 Report from the Community Development Director regarding
Alameda Race Violence Task Force [ARVTF] Proposal for Funds.
Bonnie Moore, Alameda, stated Reverend Betty Williams is ill this
evening, but would like to thank Community Development Department
for working with her proposal, and to participate and assist
wherever possible.
Councilman Arnerich moved acceptance of report and recommendation
[to assist ARVTF establish itself by recognizing it and inviting a
representative to the Youth Activities Network; and encouraging
ARVTF to work with Esperanza Resident Management Council [ERMC] to
develop youth-serving programs for public housing residents, which
might lead to future funding]. Vice Mayor Lucas seconded the
motion which carried by unanimous voice vote - 5.
92-674 Resolution No. 12324 "Adopting Negative Declaration (IS-
91-95) for the Bayview Shoreline Enhancement Plan." (Continued from
September 15, 1992
September 1, 1992, Council Meeting) Adopted.
David Chick, Alameda, noted Bayview is a special marsh area unique
in Alameda; the reason the path should be away from the water is
because of potential habitat degredation; Western Ecological
Services Company, Inc. (WESCO) did not consider impact on the
homeowners; area should be left as is, or a full-blown
Environmental Impact Report be made.
Charles Millman, Alameda, reviewed background of Bayview shoreline,
stated the issues concern health, safety and security; noted the
neighborhood wants locked gates at dusk, opened in the morning and
proper attention to food chain for butterflies, insects; reviewed
work he and neighbors had done, and submission of their plans to
the City.
The Planning Director explained the background of the matter,
noting the matter is before Council for decision concerning
Negative Declaration.
Elizabeth Rogers, Alameda, stated the shoreline in Bayview area was
neglected until storms came up and Mr. Millman's point is well
taken; homeowners have taken a lot of responsibility; Council
should consider the residents and people who should have access.
Lois Hoffman, Alameda, stated she owned property on Bayview since
1976; her problem is: if the [shoreline] areas are torn up, how
long will it take and where will the birds go; and would like
Council to take care of the homeowners.
Joe King, Alameda, stated he believes Council is trying to do the
best for the City; addressed the viewing platform, security, signs;
stated residents' problem is after sunset when drinking parties are
on the beach, sometimes until 1:00 a.m.; neighbors would like the
area kept the way it is; and questioned why there cannot be locked
gates.
Councilmember Camicia noted the matter extends back a number of
years and what is being considered is a compromise with BCDC and
whether or not the compromise is environmentally safe; agrees it
makes no sense to rip out everything, nor put in 8-foot paved strip
but the only question is: do we need an EIR for a bird sanctuary.
Replying to Councilmember Lucas, the City Manager stated BCDC wants
to put in a paved pathway and if the City does nothing, they will
enforce that condition.
Council further discussed locked gates and security with the Police
Chief and Mr. King.
Mr. Chick stated his major concern is not with the homeowners but
with the habitat.
Council discussed BCDC's approach, powers, possible actions, and
September 15, 1992
cost of an EIR.
The City Manager reviewed the background of the area, the storm in
1982, activities of homeowners, involvement with BCDC, and noted
BCDC has allowed the City to spend some time to develop the concept
of a bird sanctuary to allow for a different type of public access
than normally required.
Councilmember Roth inquired if his understanding is correct that
Bayview Homeowners' Association approves of proposed plan.
The City Manager replied that the President of the Association was
present at the last meeting and indicated they were in general
concurrence with the whole project; the majority of the homeowners
do not want anything different from what they currently have, but
given the circumstances, they are agreeable at this point.
Councilmember Roth moved to accept the Negative Declaration.
Councilmember Camicia seconded the motion which carried by
unanimous voice vote - 5.
92-675 Resolution No. 12325 "Amending Master Fee Resolution No.
12191 by Amending Fire Department Emergency Ambulance Transport
Fees." Adopted.
Vice Mayor Lucas moved adoption of the resolution. Councilman
Arnerich seconded the motion .
Councilmember Roth commented staff can keep rates current without
a need to revisit; and rates are still inexpensive.
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Lucas, Roth and President Withrow - 4.
Noes: Councilmember Camicia - 1. Absent: None.
92-676 Ordinance No. 2613, N.S. "Amending the Alameda Municipal
Code by Amending Chapter VIII, (Transportation Systems Management)
to Conform with Congestion Management Plan (CMP) Requirements, and
Repealing Subsections 8-29.7(b4) and 8-29.7(C2)." Adopted.
Councilmember Roth stated he would like to point out his comments
are the same as he had the last time [this subject was considered].
[September 1, 1992, Council Meeting]
Vice Mayor Lucas moved final passage. Councilmember Camicia
seconded the motion which carried by unanimous voice vote - 5.
92-677 Ordinance No. 2614. N.S., "Authorizing Amendment to
Contract Between the Board of Administration of the Public
Employees' Retirement System and the City Council of the City of
Alameda." Passed.
Councilman Arnerich moved final passage. Councilmember Camicia
September 15, 1992
seconded the motion which was carried by unanimous voice vote - 5.
92-678 Written Communication from William L. Berg, President,
Greater Alameda Business Association [GABA], requesting Council
take action pursuant to Alameda Municipal Code Section 30-65 and
Ordinance No. 2285, N.S., concerning Development of Abandoned
Commercial Properties, specifically 1629-35 Park Street, 1210
Lincoln Avenue and 1217 Lincoln Avenue.
* * * *
Councilman Arnerich moved to extend the meeting past 11:00 p.m.
Councilmember Roth seconded the motion which carried by unanimous
voice vote - 5.
* * * *
Mr. Berg stated GABA is requesting the City take appropriate action
to address the issue of abandoned commercial properties in Alameda
because the buildings are a detriment to business and residential
communities; the abandoned commercial property ordinance was passed
in 1986 and no concrete results have occurred; suggested City begin
eminent domain proceedings, allow time for owners to rehabilitate
buildings; proceed on at least one building to change City's
perceived credibility with these property owners; and requested
matter be kept on Council's calendar for action.
Councilmember Roth stated his understanding is that to enact
eminent domain, a public project purchase must exist; the City must
have a specific plan for it [the property].
Vice Mayor Lucas stated the problem is that the City cannot justify
a public purpose for the buildings; the City can force a property
owner to sell a building to a buyer at eminent domain prices, the
ordinance, however, is unusable as a buyer cannot be found who will
wait until the price is established in eminent domain proceedings
5 years later; commented these buildings [noted by Mr. Berg] are
the extremes; and there are many more buildings not being
maintained.
In response to President Withrow's request for options and
alternatives under the Redevelopment District [RD], the Community
Development Director explained the options are broader in the RD,
a number of alternatives were outlined in a memoranda following up
the Park Street and Webster Street walking tours, however staff
concluded that until we know the kind of development to seek for
the property, there are significant questions.
Mr. Berg suggested the possibility of enacting an ordinance
establishing the buildings as a public nuisance to which a fine
would apply on a daily basis until appropriate action is taken.
The Community Development Director noted owners should be involved
once the appropriate reuse of the property has been determined.
The City Manager suggested staff report back with options, taking
into account the Area-wide Strategy Plan and ways to achieve what
both Council and Mr. Berg are looking for.
Sentember 15, 1992
Councilman Arnerich stated the Chamber of Commerce building [2437
Santa Clara Avenue] needs attention as the windows have been
boarded with plywood for about six months and "we" will follow up
on [Mr. Berg's] recommendation if he will take care of the other.
Councilmember Roth moved acceptance of the letter. Councilman
Arnerich seconded motion which carried by unanimous voice vote - 5.
92-679 Written Communication from Sam and Jewell Enjaian,
Oakland, requesting 1712 Lincoln Avenue be rezoned back to C-1 and
a fee waiver.
Mr. Enjaian read his letter, noted he owned the property at 1712
Lincoln since 1945; it was "wrongfully" zoned to residential in
1958 and therefore it is only right that the error be corrected;
gave the historical/architectural background of the building, and
its commercial occupation.
Jewell Enjaian, Oakland, stated the structure was a store long
before Enjaians owned it; was zoned commercial; Enjaians have
expended over $3000 to put it in shape since last rental occupancy;
the Tribune was permitted a yellow commercial loading zone and the
building can obviously only be used for commercial.
Wayne Enjaian, Alameda, stated the building is obviously a
commercial structure, a storefront; his parents expended money and
he and his brother expended labor working on building but it is
useless while zoned residential.
Dennis Enjaian, Fremont, stated he is owners' son; spent many hours
as building contractor, to bring 1712 Lincoln into good condition;
building is the only one in entire block not used for commercial
purposes; he and his parents' request, is that Council consider
rezoning property to commercial use and waiving the fees.
Vice Mayor Lucas inquired why the building was not grandfathered in
as commercial.
The Planning Director stated that, as set out in staff report, if
a conforming use is substituted for a legal non-conforming use, the
status is lost; the [Tribune] distribution office was allowed by
Use Permit, which has lapsed but was a conforming use.
Vice Mayor Lucas stated a storefront that should not be continued
retail use seems ridiculous.
The Planning Director stated when staff is able to handle matter,
she believes Planning Department will initiate rezoning without a
cost to Applicant, but the Enjaians want it done more quickly than
she can accommodate.
Vice Mayor Lucas stated she did not believe the use by the Tribune
is permissable with a Use Permit; R-5 permits professional offices
only, not general offices; the Tribune was not a professional
September 15, 1992
office, therefore whatever existed continues as it was
grandfathered in, and there would be no worry about rezoning.
Following discussion regarding possible grandfathering-in, Use
Permit, and procedure, Vice Mayor Lucas moved Council state the
retail use is grandfathered in and does not require any Use Permit.
Councilmember Camicia seconded the motion. [No vote was taken.)
The Planning Director stated she would like to bring rezoning issue
to the Planning Board in November; Zoning Ordinance provides for a
change from one non-conforming use to another; she will look at
issues discussed by Council [regarding Use Permit] and will be
guided by their comments.
Councilmember Roth moved acceptance of the communication.
Councilmember Camicia seconded the motion which carried by
unanimous voice vote - 5.
NEW BUSINESS AND UNFINISHED BUSINESS
92-680 Consideration of nomination of appointment to Historical
Advisory Board.
President Withrow nominated Naomi L. Hatkin as Member of the
Historical Advisory Board.
92-681 Consideration of nomination of appointment to Social
Service Human Relations Board.
President Withrow nominated Charles Scott Bridges as Member of the
Social Service Human Relations Board.
92-682 Consideration of nomination of appointment of Senior
Tenant Member to Housing Commission.
President Withrow nominated Ruth S. Lamb as Senior Tenant Member of
Housing Commission.
92-683 Mayor Withrow commended the Park and Recreation
Department, noting that the Harrington Soccer Field dedication on
Saturday turned out very nicely and the Park looks great.
ADJOURNMENT
President Withrow adjourned the meeting at 11:35 p.m.
Respectfully submittede-
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
September 15, 1992