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1987-02-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA FEBRUARY 3, 1987 The meeting convened at 8:05 p.m. (at the conclusion of the Closed Session to discuss Workers' Compensation Claims of Philip A. Bonadona and William E. Baptista, and the case of City vs. Todd Shipyards, and the Housing Authority meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Corica. Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Corica, Hanna, Lucas, and President Diament - 4. Absent: Councilmember Monsef - 1. MINUTES President Diament announced that the minutes of January 20, 1987, could not be approved because there was not a quorum of those who were present at that meeting. Councilmember Hanna made a motion for approval of the minutes of the Special Council Meeting of January 16, 1987. Councilmember Corica seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Corica, Hanna, and President Diament - 3. Noes: None. Abstention: Councilmember Lucas - 1. Absent: Councilmember Monsef - 1. CONSENT CALENDAR At the request of John Barni, Jr., Item No. 1 -N was removed from the Consent Calendar to the regular agenda. Councilmember Lucas moved for adoption of the Consent Calendar with the exception of Item No. I -N regarding the approval of application for grant funds to construct Phase III -A of Shoreline Park at Harbor Bay Business Park. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *87 -050 From Public Works Director and Fire Chief on Status of State - Mandated Fire Safety and Exit Program, Title 24, Article 7, of California Administrative Code. Accepted. *87 -051 From Public Works Director recommending acceptance of work by MJB Pipeline for the construction of EDA /AD 84 -4, Harbor Bay Parkway, Phase 3, Sewer Pump Station, P.W. No. 4- 85 -15. Accepted. *87 -052 From Public Works Director recommending acceptance of work by O.C. Jones & Sons, Inc. for South Loop Road, Phase II, A.D. 84 -4, Harbor Bay Business Park, P.W. No. 5- 85 -19. Accepted. *87-053 From Director of Recreation and Parks recommending acceptance of work by Fox Construction for alterations to the Mastick Senior Center. Accepted. RESOLUTIONS *87-054 Resolution No. 11094 "Adopting plans and specifications for Krusi Park Pump Station Bypass, P.W. No. 9-86-34, calling for bids and directing City Clerk to advertise same." Adopted. *87-055 Resolution No. 11095 "Adopting plans and specifications for construction of Oleander Avenue at Melrose Avenue, P.W. No. 12-86-38, calling for bids and directing City Clerk to advertise same." Adopted. *87-056 Resolution No. 11096 "Awarding contract to 0.C. Jones & Sons for Marina Village Assessment District 84-3, Project No. 6, Atlantic Avenue Street Improvements, P.W. No. 5-86-15, and authorizing execution of agreement therefor." Adopted. *87-057 Resolution No. 11097 "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision 5693 and approving bonds as to sufficiency (Rosewood Associates, subdivider)." Adopted. *87-058 Resolution No. 11098 "Approving Final Map of Subdivision known as Tract 5693 and accepting certain rights of access easements (located at the southerly terminus of Tarryton, Country and Amber Isles, Rosewood Associates, subdivider)." Adopted. *87-059 Resolution No. 11099 "Declaring intention to vacate a public utility easement within Tract 3865, fixing date for hearing thereon, and ordering publication and posting of Notice thereof (North of South Shore Beach and Tennis Club)." Adopted. *87-060 Resolution No. 11100 "Authorizing filing Applicaton for Federal and State Grants for sewer rehabilitation work, authorizing acceptance and providing certain assurances." Adopted. *87-061 Resolution No. 11101 "Authorizing open market purchase of five patrol vehicles for the Police Department." Adopted. *87-062 Resolution No. 11102 "Approving the application for grant funds under the Community Parklands Act of 1986 for renovation of Franklin Park." Adopted. *87-063 Resolution No. 11103 "Requesting the Alameda County Board of Supervisors to permit the County Clerk to render specified services to the City relating to the conduct of the City of Alameda Election of April 21, 1987." Adopted. FINAL.PASSAGE OF ORDINANCES *87-064 Ordinance No. 2317 N. S. "Consenting to hypothecation for refinancing the rebuild of the Alameda Cable System." Adopted. *87-065 Ordinance No. 2318 N.S. "Amending the Alameda Municipal Code by amending Chapter 3 of Title IV thereof relating to Harbor and Tidelands regulations." Adopted. BILLS *87-066 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,440,159.17. *********** RETURN TO REGULAR AGENDA APPEALS 87-067 Consideration of appeal of Planning Board decision to deny Use Permit, UP-86-16, to allow the legalization of a second dwelling unit in a structure located at 720 Pacific Avenue in the C-2, Central Business District in accordance with Section 11-1335(c) of the Zoning Ordinance. Appellant: Luisa M. Gonzales. President Diament announced the appeal had been removed from the agenda at the request of the appellant, Luisa M. Gonzales. 87-068 Consideration of appeal of Planning Board decision to deny Variance, V-86-27, to allow the legalization of a second unit at 720 Pacific Avenue in the C-2, Central Business District providing four parking spaces where seven spaces are required by Section 11-14C5(b) of the Zoning Ordinance. Appellant: Luisa M. Gonzales. President Diament announced the appeal had been removed from the agenda at the request of the appellant, Luisa M. Gonzales. WRITTEN COMMUNICATIONS 87-069 From Stanford Shane, 470 Cola Ballena, regarding the proposed hotel project at Ballena Bay. Mr. Shane stated that he is against the hotel; for open space; that the once-beautiful open space area is deteriorating; and that he would appreciate the formation of a committee and an opportunity to discuss with them what this project would mean to Alameda. Diane Broch, 546 Kings Road, commented that major concerns to environment need to be addressed, and asked that Council require an Environmental Impact Report (EIR). Planning Director noted that the Planning Board continued their hearing, requesting further information, to February 9, 1987; and may continue again at that point due to applicant request. 44 James David Spitzer, 450E Cola Ballena, stated that the project is very large, will have a great affect upon the area and believes an EIR is necessary. Thomasina Woidt, 1210 Porta Ballena, expressed concern regarding the project; stated an EIR is necessary and requested citizens receive notice of the next meeting of the Planning Board regarding the project. Elizabeth Phipps, 536 Kings Road, representing Crown Harbor Homeowners, stated they would not like to proceed with the matter without an Environmental Impact Report, and cited portions of the California Environmental Quality Act. Councilmember Lucas noted she had letters from three Crown Harbor homeowners who favor the project. Councilmember Lucas made a motion to accept the communication. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 4. Councilmember Hanna noted the process is going well; that there will be further opportunity for citizens to present their concerns to the Planning Board, and suggested that Mrs. Phipps make her presentation to the Planning Board. President Diament clarified that the matter would be coming before the Planning Board again on February 9, 1987, possibly to be continued again, and advised the citizens to be present. Councilmember Corica stated the citizens present tonight should be notified. 87 -070 From Lance J. Hopkins, President /General Manager, Goodwill Cab Company, 1632 East 14th Street, Oakland, requesting a moratorium on the issuance of owner permits and company fleet size. Gary D. Brune, 635 East 12th Street, Oakland, a driver for Express Cab Company, stated there has been a change since he started 2 1/2 years ago, since there are more cabs, so that sometimes drivers make only minimum wage and cannot afford the new maintenance requirements. Lance Hopkins stated the cab companies are facing a crisis situation and need relief so they can provide equipment requested by City ordinance; that the glut of cabs in Alameda, compared to other cities, results in poorer service. Councilmember Hanna made a motion to accept the communication. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Hanna commented that the word "Appearance" should be removed from the title of the Police Chief's proposed "Standards for Taxicab Appearance and Maintenance." 25 The City Manager noted that the report of the Police Chief was partly in connection with this item and partly because Council asked for a response to taxicab complaints at a prior meeting. Councilmember Corica stated the City can primarily regulate only safety standards. Councilmember Lucas stated she believed there should be a moratorium because the oversupply of cabs does not provide an adequate living or proper services; the companies have requested the moratorium, it is only for one year and if it doesn't work, it can be redone. Following Council discussion, take the related ordinance seconded the motion and it was INTRODUCTION OF ORDINANCE Councilmember Hanna made a motion to out of order. Councilmember Lucas carried by unanimous voice vote - 4. 87-071 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Chapter 1 of Title VII thereof to provide for taxicab maintenance standards." Councilmember Hanna made a motion to introduce the ordinance. Councilmember Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, and President Diament - 3. Noes: Councilmember Corica - 1. Absent: Councilmember Monsef - 1. Councilmember Lucas made a motion for approval of the Standards for Taxicab Maintenance with omission of the word "Appearance" in the title. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 4. 87-072 From Kenneth Arena, 2817 Otis Drive, regarding speeding of AC Transit buses on Otis Drive. Richard Armstrong, 1626 Encinal Avenue, expressed his concern for safety of citizens on City streets, due to those who violate speeding laws. Councilmember Hanna Councilmember Lucas unanimous voice vote 87-073 From Dale L. expressing concern Project. made a motion to accept the communication. seconded the motion and it was carried by - 4. McCleskey, P.O. Box 324, Big Bend, California, regarding the California-Oregon Transmission Maerose Humphreys, 25 Captains Drive, Bureau of Electricity, gave the background of the area under discussion; and stated that the Transmission Agency of Northern California (TANC) has spoken with Mr. McClesky and it is believed a mutual agreement can be worked out. 26 Responding to a question from President Diament regarding the number of trees to be removed, Mrs. Humphreys stated only necessary removal would be made; and she did not anticipate as much removal as was indicated in the communication. Councilmember Lucas inquired if Mr. McClesky had an opportunity to be heard at a meeting, to which Mrs. Humphreys replied he had spoken at two meetings; and noted that comments are being heard on the Environmental Impact Report, with hearing on final draft in July. Councilmember Lucas matter is so slight, ask the City Clerk Councilmember Hanna unanimous voice vote said that since the City's involvement in the she would move to accept the communication, and to write a thank-you letter to Mr. McClesky. seconded the motion and it was carried by - 4. 87-074 From several Victoria Bay Development homeowners requesting PDA-86-8 be rescheduled at a future Planning Board meeting. Councilmember Hanna noted the item would be going back to the Planning Board for review. Ellen Fingerhut, 418 Channing Way, Clipper Cove Homeowner's Association, stated she would like item rescheduled until their task force can look into the issue. The Planning Director stated he had no problem holding it over to the 23rd of March. John Barni, Jr. 875 Island Drive, commented that the applicant Harbor Bay Isle Associates; stated under planned development, use permit was inappropriate, therefore 2-year relocation time given; does not believe there was adequate notification for Planning Board meeting; would like Council to stop the process enforce the relocation. is the was the and The Planning Director remarked that the present proposal is a different proposal even though it contains one of the previous elements. Following a brief discussion by Council, Councilmember Hanna made a motion to accept the communication, and direct staff to make sure the matter is not placed on the agenda before March 23, 1987. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 4. HEARINGS 87-075 Hearing on Housing and Community Development Needs. President Diament explained the matter. The public portion of the hearing was opened. 27 Barbara Thomas, 1118 Paru Street, Sheila McClellan, 1912 Central, representing Four Bridges. Ed Clark, 1553 Webster Street, West Alameda Business Assoc. Cecile Weaver, 2647 - 14th Street, Oakland, Bay Area Community Services and Four Bridges Kathryn Burroughs, 6501 Telegraph, Oakland, Bananas Resource & Referral Agency On the call for opponents, there were none. Councilmember Lucas inquired if reports were coming in on the needs for the elderly, to which the City Manager responded that staff expects to receive something from the Mastick Senior Center. Following discussion on the subject, the Council, by consensus moved on to the next issue. 87-076 Consideration of extension of moratorium on exemptions from parking requirements for expansions of up to 50% of existing buildings or changes in use which would require less than 50% more parking. President Diament explained the procedure and opened the public portion of the hearing. On the call for proponents, there were none. On the call for opponents, the following addressed Council: Richard Roth, 1533 Webster Street. The public portion of the hearing was closed. Following a brief discussion, Councilmember Hanna made a motion to extend the moratorium until May 20, 1987. Councilmember Lucas seconded the motion and commented she had been against the ordinance initially, but since it is in process, will agree to extension. The motion was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmember Corica - 1. Absent: Councilmember Monsef - 1. RESOLUTIONS 87-077 Resolution No. 11104 "Approving an extension to Ordinance No. 2312, N.S., an interim ordinance prohibiting exemptions from parking requirements." Councilmember Hanna made a motion to adopt the resolution. Councilmember Lucas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmember Corica - 1. Absent: Councilmember Monsef - 1. 87-078 Consideration of proposed Rezoning, R-86-8, and associated Negative Declaration, to change the zoning of the Fernside Shopping 2 Center, located at 2601 -2691 Blanding Avenue, from M -2, General Industrial District, to C -2 -PD, Central Business Planned Development District. Applicant: City of Alameda. The Planning Director explained the matter. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. Councilmember Lucas made a motion to take the related Ordinance out of order. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 4. INTRODUCTION OF ORDINANCES 87 -079 Ordinance No. , N.S. "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, N.S.; Applicant: City of Alameda, R -86 -8, those properties in the Fernside Shopping Center located at 2601 -2691 Blanding Avenue." Councilmember Lucas made a motion to introduce the ordinance. Councilmember Hanna seconded the motion and it was carried by 'unanimous voice vote - 4. Councilmember Lucas made a motion to approve the Negative Declaration of the Fernside Shopping Center. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote -4. REPORTS AND RECOMMENDATIONS 87 -080 From City Manager on Airport Noise Testing. The City Manager explained the report and recommendations. Councilmember Lucas inquired about the cost involved in the recommendation to monitor the noise, to which the City Manager replied that the monitoring of the Concorde was done through the consultant at a cost of approximately $1500.00; testing of Heritage Homes cost is approximately $1500.00 and an additional $1000.00 needs to be expended. Councilmember Corica stated the complaints of citizens were not just regarding noise but safety. Councilmember Corica made a motion to accept the report and recommendations. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 4. President Diament commented Congressman Stark has received complaints also and requested that staff forward a copy of this report to him. g 87 -081 From Finance Director submitting 1985 -86 Audited Financial Statements and Management Letter. Councilmember Hanna made a motion to accept the Financial Statements and the Management Letter. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 4. RESOLUTIONS 87 -082 Resolution No. 11105 "Approving the application for grant funds under the Federal Land and Water Conservation Fund Program to construct Phase III -A of Shoreline Park at Harbor Bay Business Park." Fred Scullin, 1120 Chestnut Street, stated that Council should not accept shoreline property but should require school site land instead, so there would be no need to buy school property at a later date. John Barni, Jr., 875 Island Drive, urged Council to get together with the School Board and decide on school land instead of accepting the shoreline strip. Following a discussion, Councilmember Hanna made a motion to adopt the resolution, submit the application, and investigate the matter with the school department and with committees. Councilmember Lucas seconded the motion. Dan Reidy, representative of Harbor Bay Isle Associates, read a letter from Ron Cowan, Harbor Bay Isle developer, stated that this is a matter of exercising an option. Councilmember Hanna made a motion to extend the meeting past 11:00 p.m. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 4. Ellen Fingerhut, 418 Channing Way, Clipper Cove Homeowners Assoc., commented she had not heard from residents of Harbor Bay Isle homeowners and stated she would be willing to contact homeowners, association and schools so they could provide input regarding the matter. President Diament commented that this process took place a long time ago and there has already been a great deal of input. Barbara Thomas, 1118 Paru Street, stated there should be an appraisal made, then negotiate for the greatest benefit. Councilmember Lucas clarified that there would be an opportunity before acceptance to make a decision even if the application is made at this time. The motion was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, and President Diament -3. Noes: Councilmember Corica - 1. Absent: Councilmember Monsef - 1. 30 NEW BUSINESS 87-083 Councilmember Lucas noted that Alameda is third in the County in AIDS cases and inquired what the Social Service Human Relations Board is doing about it, to which the City Manager commented that meetings have been held in Alameda regarding the matter. Councilmember Lucas suggested the City join the Alameda County Task Force for AIDS, to which President Diament responded that the Task Force requested an Alameda representative to serve on the body. Councilmember Lucas directed staff to check whether the Naval Air Station has an AIDS Program and statistics for cases in Alameda. 87-084 Councilmember Lucas requested the City Attorney draft an ordinance which requires residential unit expansions to meet current parking standards. ORAL COMMUNICATIONS, GENERAL 87-085 John Barni, 875 Island Drive, read a letter dated August 12, 1985, from the City Manager regarding the 12 acres not yet dedicated and stated he believes Council should attempt to get a school site. 87-086 Fred Scullin, 1120 Chestnut Street, stated that a projection base for school needs accepted at a school committee meeting, was one-half child per home, but the houses in the area on Harbor Bay Isle are three, four and five-bedroom homes and therefore he believes the projection is incorrect. ADJOURNMENT President Diament adjourned the meeting to Closed Session to consider the cases of Wilkes v. City of Alameda, Clark v. City of Alameda, City v. Healy-Tibbetts Company, and Bruce v. City of Alameda, at 11:30 p.m. Respectfully submitted, DIANE B. FELSCH, City Clerk