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1986-01-07 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JANUARY 7, 1986 At the conclusion of the pre-Council meeting, President Diament ordered an Executive Session to discuss the Workers' Compensation Claims of David Shockley and Kevin A. Helms. The Executive Session adjourned at 7:13 p.m. The meeting convened at 7:30 p.m. (at the conclusion of the Housing Authority Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Monsef. Reverend Martell Twitchell, Retired, gave the Invocation. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Councilmember Hanna moved for approval of the minutes of December 3, 1985. Councilmember Monsef seconded the motion, which carried by unanimous voice vote - 5. CONSENT CALENDAR Councilmember Lucas moved for adoption of the Consent Calendar with the exception of Item 1-B (Councilmember Hanna requested that the report from the Public Works Director and Fire Chief on the status of State-mandated Fire Safety and Exit Program, Title 24, Article 7 of the California Administrative Code be removed for discussion under the regular agenda.); Councilmember Hanna seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *86-001 From Public Works Director recommending reduction of bond from $281,000 to $16,000 for the subdivision improvements within Tract 4382, Harbor Bay Isle Village 3, North. (Doric Development) Accepted. RESOLUTIONS *86-002 Resolution No. 10802 "Authorizing renewal of existing landscape maintenance contract with Cagwin & Dorward, landscape engineerng contractors, with certain modifications, and authorizing execution of renewal of agreement." Adopted. INTRODUCTION OF ORDINANCES *86-003 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending 17-351.1 thereof relating to extended parking of heavy duty commercial vehicles." Introduced. 2 *86-004 A List of Claims, certified by the City Manager as correct, was approved in the amount of $2,224,724.91. RETURN TO REGULAR AGENDA President Diament requested that the two resolutions of appointacent to the Housing Authority be considered at this time. Councilmember Lucas moved, seconded by Councilmember Monsef, that the resolutions be considered; the motion carried by unanimous voica vote. 86-005 Resolution No. 10803 "Reappointing Joy J. Johnson a Commissioner of the Housing Authority of the City of Alameda." Councilmember Hanna, seconded by Councilmember Corica, moved that the resolution be adopted; the motion carried by the fallowing vote Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 86-006 Resolution No. 10804 "Appointing William Barry a Commissioner of the Housing Authority of the City of Alameda." Councilmember Monsef moved that the resolution be adopted and Councilmember Hanna seconded the motion; the motion carried by '..7he following vote: Ayes: Councilmember Corica, Hanna, Lucas, Moref and President Diament - 5. Noes: None. Absent: None. The Clerk administered the Oath of Office. WRITTEN COMMUNICATIONS 86-007 From David H. Tees, 3253 Fernside Blvd., expressing opposition to the building project at 3203-3207 Fernside Blvd. Mr. Tees reviewed his concerns, as outlined in his letter, rerc7ci,, the construction at 3203-3207 Fernside Blvd. The Planning Director stated the project had been reviewed by and met all requirements. Councilmember Lucas moved, seconded by Councilmember Hanna, to eiccep.:. the communication. The motion carried by unanimous voice vote - 5. 86- 008 From Alvin and Yolanda Stefani, 3214 Washington Street, regarding the relocation of Mr. Waldo Williams' victorian house oilto High Street, and requesting a work stoppage until all measurements are correct. The following persons spoke in opposition to the relocation of V:1z house onto High Street: Carl M. Hines, 1100 High Street Carl E. Lane, 1101 Post Street George Berry, 1080 Post Street Barbara Thomas, 1118 Paru Street Mike Flanigan, 3224 Washington Street. 3 The City Attorney explained that the lots in question are lots of record prior to the adoption of the Zoning Ordinance and therefore do not have to meet the 5,000 foot requirement. Councilmember Corica stated he did not believe it was appropriate to allv'z an individual to place a house in a manner which would destroy another lot. Coun:ilmember Lucas stated that in accordance with the Zoning Ordi-iance, the Building Permit must be issued. In response to Councilmember Monsef, the Public Works Director informed the Council that the Building Permit has been issued. He further stated that the burden of compliance rests with the applIcant, the permit holder, to demonstrate that the work complies with the plans which were approved. Councilmember Monsef stated he would like to see the project stopped, and that he was against the project from the beginning. President Diament commented that she would not vote against the Zoning Ordinance, the Planning Department, nor the City Attorney. Councilmember Hanna stated the City staff's position was indicated by the issuance of a Building Permit, and that a very valuable right has been transferred over to Mr. Williams. The City Manager noted that the building can be placed upon the lot legally, in accordance with the Zoning Ordinance. He added that at such time there is an indication of a violation, the City will withdraw the permit and prohibit the placement of the building. The City Manager noted that the City will require a survey to insure correct placement of the building onto the property. CotaY:.41member Lucas stated that she believes the Zoning Ordinance is inadequate and may require revision; however, the Zoning Ordinance is valid and there is nothing that the Council can do regarding the matttx before Council. Councilmember Hanna commented that the least impact upon the area -47oule be to have the building remain where it is, and moved to accept the communication. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. 86-0 From Clyde Vandegrift, Pastor, and Dick Bellefeuille, Church BoaASecretary, First Church of the Nazarene, 1415 Oak Street, ?;owming the City's desire to purchase the Church's property for library expansion. Davis i Plummer, 1401 High Street, read portions of the minutes of August 7, 1985 special Council meeting, which designate the area behind the Carnegie Building as the site for a new library building. President Diament stated that the Church has been concerned about their property because of Council discussion and action. President Diament added that the Church is anxious to relocate, and that the Church states it has outgrown its present site. 4 President Diament noted that there have been discussions between the City Manager and the Church, and that the property has been appraised. President Diament stated a proposal had been received from the Church which the City could not consider, because the Church asked for an exchange of land, as well as the construction of a new church. Mr. Bellefeuille stated that the Church is not anxious to relocate and would prefer to build behind the present facilities. Mr. Bellefeuille explained the Church will continue with its plans for expansion. Councilmember Corica noted that at the August 7th Council meeting the City Manager had indicated that, if necessary, the Church could be condemned by the City. Councilmember Corica commented that the discussion at that meeting probably promoted the Church's communication. Councilmember Corica reaffirmed his belief that the site of the new library building should be in that general area, ani.: that it had been agreed upon by the Council. Councilmember Lucas expressed concern regarding the figures which tte Church submitted for Council's consideration. Councilmember Lucas stated concern specifically regarding the Church's request for over $1,000,000 for land and improvements compared to the appraised property value of $335,000. Councilmember Lucas also stated that sle had some real concerns regarding separation of Church and State. Mr. Bellefeuille responded that the present building was worth $1,000,000 to the Church, because it is fully operational. Mr. Bellefeuille stated the Church could construct another building for $500,000; however, it takes time to build and the Church must ;De completely operational if, and when, they relocated. Councilmember Monsef requested that the City Manager respond to the figures under discussion. The. City Manager stated the City employed an M.I.A. appraiser, and the property was valued upon that basis. The City Attorney added that the figure probably does not include tna relocation assistance requirements, which can be high. Councilmember Lucas moved that the written communication be accepted; Councilmember Hanna seconded the motion, which carried by unanimous voice vote - 5. Fred Scullin, 1120 Chestnut Street, suggested that the Council rethink the plans for the library. Mr. Scullin added that Council has not taken any action to date which could not be rescinded nor amendc_a. 86-010 From Fred Scullin, 1120 Chestnut Street, regarding the Council's vote on Item 9 (Report from the City Manager concerning interim funding for the Chamber of Commerce) at the December 17, 19E3, Council meeting. President Diament stated that Mr. Scullin had provided Council ik7ith a written record of the December 17, 1985, vote on Item 9. Presint Diament briefly described the vote which had transpired, and requested the Council reintroduce the motion in order to take a roll call vote. 5 Fred Scullin suggested that Council look at the City Manager's recommendation, and make a finding to determine whether the City Manager's requirement for a loan had been fulfilled. Councilmember Hanna made a motion that the City Manager reschedule the interim funding matter if, and when, the Chamber of Commerce needs the money. Councilmember Monsef seconded the motion, which carried by unanimous voice vote - 5. Fred Scullin suggested that the City apply terms and conditions to loans provided to corporations, and that the City receive collateral for same. Mr. Scullin also recommended that due dates be applied to loans. HEARINGS S6-'p il A hearing regarding proposed rezoning R-85-6 to change the zoning of a portion of the northside area of Alameda bounded generally by Paru Street to the west, Park Street to the east, Lincoln Avenue to the south and Clement Avenue to the north. The existing zoning classifications include R-3 (restricted Apartment District), R-4 (Neighborhood Apartment District), C-M (Commercial-Manufacturing District), and M-1 (Intermediate Industrial District). The potential zoning classifications include R-1 (One Family District), R-2 (Two-Family District), C-M (Commercial-Manufacturing District), and M-1 (Intermediate Industrial District). Applicant: City of Alameda. The Planning Director explained the purpose of the hearing. President Diament opened the public portion of the hearing. On the call for proponents, there were none. On the call for opponents, there were none. President Diament closed the public portion of the hearing. Councilmember Lucas expressed concern about R-1 zoning adjacent to Park Street, and requested the Planning Director to discuss some of the solutions addressed in the staff report. The Planning Director stated an alternative would be to amend CLUP. Councilmember Lucas inquired whether a special-use designation could be applied in certain areas at a later time. The Planning Director stated Council may wish to accommodate specific concerns in the future by either considering Zoning Ordinance amendments, the re-evaluation of ciaitain areas or the creation of new zoning districts. Councilmember Corica stated that he believes the City is going in the right direction, and concurred with President Diament that multiple zones be removed, e.g. R-6. Councilmember Corica added that R-2 zones . should be the maximum zoning. In rePlponse to inquiry from Councilmember Hanna, the Planning Director stat(rd that where the Land Use Plan shows a Special Multi-family Disfr:.ct, staff may recommend some R-3 zoning as opposed to R-5 or R-6 ti- Pxists on the properties now. The Planning Director added that 6 R-3 would conform to CLUP designation of Special Multi-family, which is the most intense residential land use category which is shown on the General Plan at the present time. Councilmember Hanna recommended that after the Council has held the six downzoning hearings, staff be asked to analyze and provide recommendations for any questions raised by Council. Councilmember Corica reiterated that the downzoning should be kept at the maximum of R-2 and less emphasis be placed on R-3. The Planning Director stated that the bulk of the main island is shown In the Special Single-family category which is a maximum R-2 designation. The Planning Director explained that there are some designations shown on the General Plan for the slightly higher residential category, which was decided upon at the time the General Plan was adopted. The Planning Director added if Council believes it is not the appropriate direction to go, then an option is available to reconsider the General Plan designations in those areas. He continued to advise Council to recognize all the categories in the Plan, because it is the adopted General Plan. Councilmember Hanna stated that the State requires the Zoning Ordinance to be compatible with the General Plan; and in order to not go beyond R-2, it would be necessary to change the General Plan. The Planning Director concurred with Councilmember Hanna. The City Attorney explained that after the mapping has been completed, a new article in the Zoning Ordinance will be necessary to deal with the non-conforming use problem. He also noted perhaps special overlay districts will also be required. In response to Councilmember Lucas, the City Attorney stated that the Measure A ordinance does allow the rebuilding of units; however, the present mapping process does not allow for rebuilding and is a problem whiCh needs to be addressed. Councilmember Corica stated that Measure A was never intended to punish anyone, nor have anyone suffer because of fire or a catastrophe. Councilmember Corica added that a similar provision should be provided for the current rezoning process. Councilmember Lucas commented she was surprised that there was no testimony from the real estate industry before the Planning Board concerning this matter. John Barni, Jr., 1277 Bay Street, suggested that the Council hold the final reading of the applicable ordinance until after all six hearings. Councilmember Corica responded that Council should proceed as originally planned. Councilmember Corica moved, seconded by Councilmember Monsef, to accept the Planning Board's recommendation. The motion carried by unanimous voice vote: 5. 7 Councilmember Hanna moved, seconded by Councilmember Lucas, that the applicable ordinance be introduced. The motion carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86-012 Introduction of Ordinances, Ordinance No. N.S., "An Ordinance reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, New Series; Applicant: City of Alameda, R-85-6, properties bounded generally by Paru Street to the west, Park Street to the east, Lincoln Avenue to the south and Clement Avenue to the north." Councilmember Corica moved, seconded by Councilmember Monsef, that the ordinance be introduced; the motion carried by unanimous voice vote - 5. HEARINGS (continued) 86-013 A hearing regarding General Plan Amendment, GPA-84-1, to change the CLUP designation of 2001 Versailles Avenue from Single Family Residential to Special Single-Family Residential. Applicant: John Barni, Jr. 86-014 A hearing regarding proposed rezoning R-84-1 to change the zoning of 2001 Versailles Avenue from R-1-PD, One-Family Planned Development District to R-2-PD, Two-Family Planned Development District. Applicant: John Barni, Jr. President Diament announced that the two hearings would be considered concurrently, because the hearings relate to the same property. The Planning Director explained the purpose of the hearings. After the Planning Director responded to various questions posed by Council, President Diament opened the public portion of the hearing. On the call for proponents, the following persons spoke: John Barni, Jr., 1277 Bay Street Fred Scullin, 1120 Chestnut Street. On the call for opponents, the following persons spoke: Lester Cabral, 1819 Versailles Avenue. Councilmember Hanna stated that he would like to see the property developed, and would agree to the R-2 zoning with a limit of 15 units. Councilmember Corica commented that he would like to see the proposed development built, however, the property to remain at the R-1-PD zone. Councilmember Monsef stated that he prefers the property to remain as a R-1-PD zone, and expressed concern that the development in question would increase density and create parking problems in the area. Councilmember Lucas stated that although she would like to see the property developed as R-1, she questioned the economic feasibility of such a plan. Councilmember Lucas noted that Mr. Barni has agreed to limit the units to less than R-2 density. Councilmember Corica moved, seconded by Councilmember Monsef, to deny the Planning Board's recommendation. The motion failed by the following vote: Ayes: Councilmembers Corica and Monsef - 2. Noes: Councilmembers Hanna, Lucas and President Diament - 3. Absent: None. Councilmember Hanna moved, seconded by Councilmember Lucas, to accept the Planning Board's recommendation and findings, with the inclusion of a condition that there be no more than fifteen units developed. The motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. RESOLUTIONS 86-015 Resolution No. 10805 , "Amending the Combined Land Use Plan of the General Plan of the City of Alameda to change the land use designation of 2001 Versailles Avenue from single-family residential to special single-family residential." Councilmember Lucas moved, seconded by Councilmember Hanna, that the resolution be adopted; the motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas, and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. INTRODUCTION OF ORDINANCES 86- 016 Ordinance No. ,N.S., "An ordinance reclassifying and rezoning certain property within the City of Alameda by amending Zoning Ordinance No. 1277, New Series. Applicant: John Barni, Jr., R-84-1, 2001 Versailles Avenue." Introduced. Councilmember Hanna moved, seconded by Councilmember Lucas, that the ordinance be introduced. The motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas, and President Diament 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. REPORTS AND RECOMMENDATIONS 86-017 From Chairman of the Historical Advisory Commission regarding participation in the future renovation plans for City Hall. Councilmember Lucas moved for acceptance of the report. Councilmember Hanna seconded the motion, which carried by unanimous voice vote - 5. 86-018 From City Manager regarding the assessment component of the strategic planning process. The City Manager reviewed the report which outlines the specific areas of interest. Councilmember Monsef recommended that Board and Commission members, as well as members of the Mayor's Advisory Committees, submit ideas regarding the plan. Councilmember Hanna suggested that the Chamber of Commerce provide input regarding poorly used facilities and 9 properties. Councilmember Lucas commented that the business associations should be requested to provide input also. Councilmember Corica concurred with Councilmember Lucas' suggestion. The City Manager stated that during the public hearings on this matter, individuals and groups will be able to come forward with their ideas and present them to the Council. Councilmember Monsef commented that he believes it is important that the public be provided with a list of what public officials, board and commission members, and the business associations consider important. Councilmember Hanna moved that Councilmember Mmsef's pronosal be followed up, and that a request be addressed to all the commissions requesting suggestions. Councilmember Monsef seconded the motion which carried by unanimous voice vote - 5. 86-019 From Public Works Director regarding the status of planned improvements for Park Street. Councilmember Hanna questioned the safety of the extension of the Post Office Court crosswalk, and noted that traffic engineers consider mid-block crosswalks hazardous. The Public Works Director responded that the crosswalk in question is an exception because it is in a commercial area and an extension of Post Office Court. President Diament stated perhaps the Traffic Advisory Committee should address the issue. The Public Works Director suggested that staff proceed with the improvements with the exception of that particular crosswalk. Councilmember Hanna stated that the Post Office Court crosswalk should have the consensus of the Traffic Advisory Committee. Councilmember Monsef moved, seconded by Councilmember Hanna, that the report be accepted; the motion carried by unanimous voice vote - 5. 86-020 From Public Works Director and Fire Chief on the status of State-mandated Fire Safety and Exit Program, Title 24, Article 7 of the California Administrative Code. (This report was removed from the Consent Calendar for consideration.) Councilmember Hanna requested the City Attorney to respond to the actions of the Courts concerning infraction trials. After the City Attorney responded to the status of the trials, hearings, and fines, Councilmember Hanna requested that the letter received from Court Commissioner Ted Berry, addressed to the City Attorney, be read. 10 The Public Works Director read the letter, dated January 7, 1986, into the record. After further discussion between Councilmember Hanna, City Attorney, and Court Commissioner regarding trial proceedings, Councilmember Hanna recommended that future reports contain the correct wordage. Councilmember Hanna moved to accept the report. The motion was seconded by Councilmember Monsef and carried by unanimous voice vote 5. RESOLUTIONS 86- 021 Resolution No. 10806, "Designating Friday, December 26, 1986, as a City Holiday and eliminating Wednesday, February 12, 1986, as a City Holiday." Adopted. Councilmember Hanna moved, seconded by Councilmember Lucas, to adopt the resolution. The motion carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86-022 Ordinance No. , N.S., "Amending the Alameda Municipal Code to prohibit parking at various times and locations to facilitate street sweeping." Introduced. Ian Keye, 1915 Schiller Street, expressed support for the ordinance. Councilmember Hanna moved, seconded by Councilmember Monsef, to introduce the ordinance. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. FINAL PASSAGE OF ORDINANCES 86-023 Ordinance No. 2267, N.S., "Amending various sections of Chapter 1, Title XI of the Alameda Municipal Code to provide for regulations of bed and breakfast facilities." Adopted. Councilmember Lucas moved, seconded by Councilmember Hanna, that the ordinance be adopted. The motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica. Absent: None. Councilmember Corica commented that he believes the facilities will create parking problems and traffic congestion. UNFINISHED BUSINESS 86-024 President Diament announced that Patricia Davis resigned from the Rent Review Advisory Committee and appointed Roland Marzolf, Jr. to replace Ms. Davis. Mr. Marzolf will represent property owners. 86-025 President Diament announced the following Commission openings: Bay Conservation and Development Commission (BCDC), Metropolitan Transportation Commission (MTC), and the Associated Bay Area Governments (ABAG). No nominations to the Commission were considered. 86-026 Councilmember Corica expressed an interest in serving on the 11 Airport Land Use Commission in the future. 86-027 Councilmember Lucas requested that staff continue its efforts to investigate the three-unit building located at 436 Taylor Avenue. 86-028 The City Attorney announced that the Wagner versus the City of Alameda petition was denied at the Superior Court level. NEW BUSINESS 86-029 Councilmember Lucas stated that students attending evening classes at Paden School are not utilizing the parking lot. She requested that a letter be sent to the School requesting more consideration be given to the neighbors' on-street parking needs. Councilmember Corica suggested that vehicle parking lot stickers be provided to the students. ADJOURNMENT At 10:45 p.m., President Diament adjourned the meeting to an Executive Session to discuss Lofstrand v. City of Alameda and Cotton v. Nunes, et al. Respectfully submitted, Diahe B. Felsch City Clerk