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1986-01-21 Regular CC Minutes14 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JANUARY 21, 1986 At the conclusion of a pre-Council meeting, President Diament ordered an Executive Session to discuss the Workers' Compensation Claim of David E. Jones. The Executive Session adjourned at 7:25 p.m. The regular Council meeting convened at 7:35 p.m. (at the conclusion of the Community Improvement Commission) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Hanna. Reverend Marshall Bevins, Christ Episcopal Church, gave the Invocation. ROLL CALL: Present: Councilrembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Approval of the minutes of the regular Council meeting of December 17, 1985, was held over to the next Council meeting on February 4, 1986. CONSENT CALENDAR Mr. Fred Scullin, 1120 Chestnut Street, requested that Item No. 1-I "Authorizing Bank Signatories," be taken out of order for discussion under the regular agenda. Councilmember Lucas moved, seconded by Councilmember Hanna, that the Consent Calendar be adopted with the exception of Item 1-I. The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *86-031 From Finance Director on City's Investment Portfolio as of December 31, 1985. Accepted. *86-032 From Public Works Director recommending approval of an application for a Dredging Permit to the United States Coast Guard in the Oakland-Alameda Estuary. Accepted. *86-033 From Public Works Director recommending approval of an application for a Dredging Permit to the Bureau of Electricity in the Oakland-Alameda Estuary. Accepted. RESOLUTIONS *86-034 Resolution No. 10807 "Awarding contract to Ambo Concrete for construction of wheelchair ramps at various locations, Phase 4, and authorizing execution thereof." Adopted. *86-035 Resolution No. 10808 "Authorizing open market purchase and execution of lease/purchase agreement for the lease purchase of a vehicle for construction inspector use." Adopted. 15 *86-036 Resolution No. 10809 "Authorizing the allocation of funds and open market purchase of a pick-up truck for sewer maintenance use." Adopted. *86-037 Resolution No. 10810 "Authorizing execution of agreement with the United States Coast Guard to utilize submerged tidal lands for mooring facilities on Coast Guard Island." Adopted. *86-038 Resolution No. 10811 "Accepting easements from Pacific Shops, Incorporated, for public utility easments." Adopted. *86-039 Resolution No. 10812 "Adopting specifications for handguns for the Police Department, calling for bids and directing City Clerk to advertise same." Adopted. *86-040 Resolution No. 10813 "Adopting specifications for a truck for the Animal Shelter, calling for bids and directing City Clerk to advertise same." Adopted. *86-041 Resolution No. 10814 "Approving and accepting easement agreement for the Combustion Turbine Project." Adopted. *86-042 Resolution No. 10815 "Approving and authorizing acquisition of right-of-way for the Combustion Turbine Project." Adopted. INTRODUCTION OF ORDINANCES *86-043 Ordinance No. N.S. "Authorizing Grant of Easement for public utility purposes to the Bureau of Electricity, City of Alameda (Tidelands Easement)". Introduced. FINAL PASSAGE OF ORDINANCES *86-044 Ordinance No. 2268 "Amending the Alameda Municipal Code by amending 17-351.1 thereof relating to extended parking of heavy duty commercial vehicles." Adopted. BILLS *86-045 A List of Claims, certified by the City Manager as correct, was approved in the amount of $4,547,812.20. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 86-046 From Charles E. Kline, 2026 Eagle Avenue, addressing a Building Permit matter at 2024 Eagle Avenue. President Diament stated that a stop order had been placed on the work at 2024 Eagle Avenue. Councilmember Hanna complimented the City Manager and Public Works Director for moving on the matter expeditiously. Councilmember Lucas moved, seconded by Councilmember Hanna, to accept the communication. The motion carried by unanimous voice vote - 5. 16 HEARINGS None. APPEALS 86-047 Consideration of appeal of Planning Board decision to conditionally approve Use Permit, UP-85-28, at 2424 Encinal Avenue to allow a drive-through facility in an existing restaurant. Appellant: Forsher and Guthrie for Kentucky Fried Chicken. The City Attorney explained the appeal process. The Planning Director outlined the Appeal before Council. Councilmember Lucas commented that the present plan, as approved by the Planning Board, has less impact upon the residential area and would be an improvement over the existing situation. Councilmember Corica expressed concern regarding the stacking of cars on Encinal Avenue. Councilmember Monsef stated that the Planning Board condition be amended to read that litter be picked up by Kentucky Fried Chicken within a two- or three-block radius. Councilember Corica stated that the request by the Park Street Business Assocation to include Encinal Cellars (property across Encinal Avenue from Kentucky Fried Chicken) in the Assessment District 84-2 was unfair. The City Manager explained that the recommendation, in terms of considering the inclusion of the Kentucky Fried Chicken outlet, relates to a proposal that the business agree to be included as such time the boundaries are amended. The City Manager stated that if the Council were to propose inclusion of Encinal Cellars, the owners would have an opportunity to address Council and state their concerns at the time of the amendment of the Assessment District, providing that such a condition did not result from the issue under discussion. Matthew Guthrie, Attorney representing Vic and Diane Zachmeyer, owners of Kentucky Fried Chicken at 2424 Encinal Avenue, stated that although the Board did approve a Use Permit, it was with the Park Avenue access. Mr. Guthrie further explained that the Appeal was based upon the assertion that the Planning Board did not give full consideration to the facts regarding the Park Avenue access, nor to the traffic reports available to the Board on December 9th. In conclusion, Mr. Guthrie stated that Kentucky Fried Chicken would be willing to become a part of the Assessment District. In response to Councilmember Lucas, Mr. Charles Gardin, District Manager for Kentucky Fried Chicken, stated that the Planning Board's plan would defeat all the advantages of a drive-through facility. Councilmember Hanna stated the major disadvantage to the Park Avenue entrance plan is the exiting of vehicles into four lanes of traffic (Encinal Avenue), and recommended discharge into a one-way street. 17 President Diament stated that the Appellant's plan represents a great improvement to the area. Councilmember Lucas moved that the Council uphold the Planning Board's decision (with conditions and findings) and amend Condition 3 to read that there be litter pick up in the Jackson Park area on a regular basis. The motion carried by the following vote: Ayes: Councilmembers Corica, Lucas and Monsef - 3. Noes: Councilmember Hanna and President Diament - 2. Absent: None. 86-048 Consideration of appeal of Planning Board decision to deny Use Permit, UP-85-29, at 1810-1814 Clement Street to allow an existing single-family dwelling in an Intermediate Industrial District to be raised in order to construct a ten-foot high warehouse at the ground floor level. Appellant: Charles Campanella. The Planning Director reviewed the staff report and verbatim transcript related to the Appeal. In reponse to inquiry from President Diament, the Planning Director stated that the Planning Board's concern was regarding the combination of uses on the site. Councilmember Corica expressed concern that there was only one proposed access way for a two-story building. The Planning Director responded that the site had not yet received a Building Code review. Councilmember Lucas stated concern regarding the non-conforming containers on the property. The Planning Director noted that the containers will be moved to reflect the present required setback. Larry Moir, 1530 MacArthur Blvd., Oakland, representative for the Appellant, addressed the Council. Mr. Moir stated that the Appellant was endeavoring to preserve the building for the benefit of the neighborhood and housing needs of Alameda, however, the Appellant could demolish the house. Ian Keye, 1915 Schiller Street, addressed the Council on behalf of the Coughlins who reside at 1929 Schiller Street. Mr. Keye discussed various aspects of the Appellant's plan, and expressed concern regarding the type of warehouse uses contemplated. Mr. Keye also suggested that the block be uniformally zoned residential. Councilmember Lucas stated that close combinations of residential and other uses leads to unhappiness of neighbors, and from experience the combinations do not work. Councilmember Lucas moved, seconded by Councilmember Hanna, that the Planning Board's decision to deny Use Permit UP-85-29 be upheld. The motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 86-049 From Rent Review Advisory Committee regarding Case No. 121, 2027-2029 Encinal Avenue. Councilmember Lucas stated that she supported the recommendation of 18 the Rent Review Advisory Committee regarding rent increases and requested the Mayor to send a letter to the property owner. Councilmember Corica concurred with Councilmember Lucas, and moved that the Mayor send a strong letter to the owner. The motion was seconded by Councilmember Lucas, which carried by unanimous voice vote - 5. 86-050 From City Manager regarding the training of board and commission members. Fred Scullin, 1120 Chestnut Street, stated that he disliked City staff going between the Council and members of boards and commissions. Mr. Scullin added that the subject is a Council policy matter. Councilmember Corica commented that members of boards and commissions should be representative of the community, and the only qualification for appointment should be a desire to serve the City. Councilmember Corica stated that he approved an orientation for new members, and suggested a City Charter be provided in addition to the welcoming letter and organizational chart. In response to Councilmember Lucas, the City Manager stated the proposed handbook would contain data and information in regard to the specific roles of the boards and commissions and how they fit into the overall structure of the City. The City Manager noted that the handbook will be approved by Council. President Diament stated that some form of training would be very valuable for all members of the boards and commissions, and the program selected would be approved by the Council. Councilmember Hanna commented that he believes handbooks are very helpful . Councilmember Corica stated that he did not support the handbook proposal. Councilmember Hanna stated that training programs are valuable and moved that the City Manager's recommendation be approved. The motion was seconded by Councilmember Lucas and carried by the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 86-051 From Public Works Director on left-turn prohibitions at the intersections of Central and Santa Clara Avenues at Park Street. Councilmember Corica stated that the reason for his original request for barriers was to free up four (4) motorcycle policemen. The City Manager stated that speaking on behalf of the Chief of Police, the motorcylce traffic enforcement will continue until there is evidence of compliance with the signs. President Diament stated that she was disappointed the Traffic Advisory Committee did not consider permanent signs, and noted she did not believe Park Street shopping would have suffered. 19 Councilmember Hanna complimented the Traffic Advisory Committee for the recommendation, and moved to accept the report and recommendation. Councilmember Lucas seconded the motion. Under discussion, Councilmember Monsef stated that Park Street is very congested, and Council should address the matter on a long -term basis. Councilmember Monsef stated, for the record, that he believes Central Avenue and Park Street, and perhaps Santa Clara Avenue and Park Street, should have permanent no left -turn signs. Councilmember Monsef also suggested that the traffic study consider one -way streets in the City. President Diament requested a vote on the motion by Councilmember Hanna; the motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, and President Diament - 4. Noes: Councilmember Monsef - 1. Absent: None. RESOLUTIONS 86 -052 Resolution No. "Supporting Assembly Constitutional Amendment No.7." Fred Scullin, 1120 Chestnut Street, stated that the proposed amendment destroys a part of the people's freedom of speech. President Diament stated that non - partisan local government is an important principle of local elections because local issues are not partisan. Councilmember Corica commented that the non - partisan aspect of city government has worked well in Alameda, and moved that a simple resolution be drafted stating the Council supports Alameda's current form of government which is non- partisan. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. The City Manager explained that the League of California Cities stated, in their view, political parties assisting in financing a local election is the same as partisan politics. The City Manager concluded that the Amendment would prohibit that type of financing. 86 -053 Resolution No. 10816, "Authorizing Phase II of the City's automated data processing system and authorizing the Finance Director to amend the Agreement with Infocomp Systems, Inc. for computer software. The Accounting Manager briefly addressed the Council on Phase II and Infocomp Systems, Inc. Councilmember Hanna moved, seconded by Councilmember Lucas, to adopt the resolution. The motion carried by unanimous voice vote. 86 -054 Resolution No. 10817, "Authorizing bank signatories." Fred Scullin, 1120 Chestnut Street, expressed concern that the signatories for assessment district accounts are all City employees and serve at the pleasure of the City Manager. The City Manager stated that the expenditure of assessment funds 20 requires the signature of the Public Works Director, two signatures of individuals within the Finance Department, and the property owner upon which the public improvement funds are being expended. The Finance Director noted that the auditors consider the procedure a good system of checks and balances. Councilmember Monsef moved, seconded by Councilmember Corica, that the resolution be adopted. The motion carried by unanimous voice vote. FINAL PASSAGE OF ORDINANCES 86-055 Ordinance No. , N.S. "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 Stret to the west, Park Street to the east, Lincoln Avenue to the south and Clement Avenue to the north." Councilmember Corica stated that as one of the founders of Measure A and the Steering Committee of 1973, both he and the Committee members believe that there may be a problem with the proposed downzoning of the City and the enabling ordinance of Measure A. Councilmember Corica further stated that the Committee members believe the enabling ordinance should be amended to allow multiple dwellings, destroyed by fire or an act of God, to be rebuilt to the original number of units. Councilmember Corica requested that the City Attorney draft an amendment to the enabling ordinance for Measure A to allow an existing multiple dwelling, which is destroyed by fire or an act of God, to be replaced to no more than its existing units. Councilmember Corica commented that Measure A was not created to cause any financial difficulties nor harm to anyone. Councilmember Lucas noted that there is great community concern regarding downzoning, and suggested that the Council request the City Attorney to draft Councilmember Corica's proposed amendment and schedule introduction and passage at the next two Council meetings. Councilmember Lucas suggested that Council proceed with downzoning only after final adoption of the amendment. Councilmember Lucas further suggested postponement of final passage of the ordinance before Council. Councilmember Corica moved that the City Attorney draft an amendment to the Measure A enabling ordinance to allow an existing multiple dwelling destroyed by fire or an act of God to be replaced to no more than its existing units, and the amended ordinance be finally adopted before Council proceeds with downzoning. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Under discussion, the City Attorney stated that there are two alternatives to consider regarding the amendment. The City Attorney explained that the structures could be rebuilt as the buildings originally existed, or under present zoning requirements. Councilmember Lucas stated that she would prefer the alternative which would require present zoning regulations. Councilmember Hanna requested that the City Attorney provide Council with examples of both alternatives, and explanations of the advantages 21 and disadvantages. President Diament announced that a Work Session was scheduled for February 6th to discuss the zoning compliance program. The following persons addressed the Council on downzoning: Joseph Keh, 2325 Buena Vista Avenue Linda Soulages, 2846 Van Buren James P. Hasak, 1221 Grand Street David L. Franklin, 2310 Pacific Avenue John Barni, Sr., 1380 East Shore Drive Fred Scullin, 1120 Chestnut Street. Councilmember Lucas stated concern regarding owners of commercial businesses which are destroyed in a district rezoned R-2. Councilmember Lucas added that the owners should have the same protection as apartment house owners. The City Attorney stated that the protection would not apply to zone crossovers. The City Manager noted that the subject would be discussed at the February 6th Work Session. Councilmember Hanna moved, seconded by Councilmember Lucas, to hold the final passage of the ordinance before Council in abeyance until a future date. The motion carried by unanimous voice vote - 5. 86-056 Ordinance No. 2269, N.S., "Reclassifying and rezoning certain property within the City of Alameda by amending Zoning Ordinance No. 1277, N.S. Applicant: John Barni, Jr., R-84-1, 2001 Versailles Avenue. Councilmember Lucas moved that the ordinance be adopted. The motion was seconded by Councilmember Hanna and carried by the following vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef - 2. Absent: None. 86-057 Ordinance No. 2270, N.S., "Amending the Alameda Municipal Code to prohibit parking at various times and locations to facilitate street sweeping." Councilmember Monsef moved, seconded by Councilmember Corica, that the ordinance be adopted. The motion carried by unanimous voice vote - 5. UNFINISHED BUSINESS 86-058 President Diament nominated Peter Davis to the Rent Review Advisory Committee. Councilmember Corica seconded the nomination, which was approved by the consensus of the Council. Councilmember Lucas stated that Mr. Davis has received City loans for several properties, and exterior maintenance has been very poor. Councilmember Lucas requested that the staff work on that aspect, particularly when failure to maintain the buildings may be in violation of the Deed of Trust. 22 President Diament responded that she would address Ms. Lucas' concerns in a letter to Mr. Davis. 86-059 Councilmember Hanna inquired about the status of the slough pumps at the Golf Course. The Public Works Director responded that both the pumps are installed and working, and that the fencing around the platform and pump station remain to be completed. 86-060 Councilmember Lucas stated that she was pleased with the Mayor's letter of January 17, 1986, to Mrs. Banke indicating a desire to improve the area behind the Bay Farm Island Bridge. Councilmember Corica recommended that Mr. Paul Wood be included in the proposed donor-recognition plans. ORAL COMMUNICATIONS 86-061 William McCall, 1105 Mound Street, complained about the high cost of social functions at which elected officials are participants. Mr. McCall expressed concern regarding refuse drop boxes parked on City streets without flashing lights or luminous strips. Mr. McCall stated that he believes the Police Department should be concentrating more on motorist traffic violations involving pedestrians at crosswalks. Mr. McCall stated that he was proud of the Naval Air Station, U.S. Coast Guard, Harbor Bay Business Park, and the Golf Course, which contribute to the image of the City of Alameda. ADJOURNMENT At 10:35 p.m., President Diament adjourned the meeting in memory of Mr. Paul Bixier. Respectfully submitted, I, /7, Je7 14 \ Diane B. Felsch City Clerk