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1986-05-20 Regular CC Minutes116 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MAY 20, 1986 At the end of the Pre-Council Meeting, President Diament called an Executive Session to order to consider the Workers Compensation Claim of Roy Edwards and the case of Herman v. City of Alameda. The meeting convened at 7:40 p.m. (at the conclusion of the Community Improvement Commission Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Robert Keller, Twin Towers United Methodist Church gave the invocation. ROLL CALL - Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. MINUTES Councilmember Monsef made a motion for approval of the minutes of May 6, 1986. Councilmember Corica seconded the motion and it was carried by unanimous voice vote - 5. CONSENT CALENDAR Councilmember Hanna requested that Item 1-F, under Resolutions "Adopting Plans and Specifications for Webster Substation demolition, P.W. No. 5-86-13, calling for bids and directing City Clerk to advertise same," be removed from the Consent Calendar for discussion under the regular agenda. Councilmember Lucas moved for adoption of the Consent Calendar, and Councilmember Monsef seconded the motion. The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *86-272 From City Manager regarding the "Care for Alameda - Keep It Clean Days" Program. Accepted. *86-273 From Finance Director on City's Investment Portfolio as of April 30, 1986. Accepted. 117 RESOLUTIONS *86-274 Resolution No. 10901 "Awarding contract to Monterey Mechanical for Willow Street/Whitehall Place Sanitary Sewer Pump Station modification and force main, P.W. No. 4-86-8, and authorizing execution thereof." Adopted. *86-275 Resolution No. 10902 "Authorizing extension of two personal services agreements for an additional eighteen months." Adopted. *86-276 Resolution No. 10903 "Consenting to termination of portions of certain private easements established on Parcel Map No. 3399 (Mariner Square Loop and Tinker Avenue)." Adopted. *86-277 Resolution No. 10904 "Preliminarily approving Annual Report, declaring intention to order levy and collection of assessments and providing for Notice of Hearing thereof, Island City Landscaping and Lighting District 84-2." Adopted. *86-278 Resolution No. 10905 "Awarding contract to Daily Body of Oakland, California for Animal Shelter Truck, and authorizing execution thereof." Adopted. *86-279 Resolution No. 10906 "Adopting Plans and Specifications for renovation of Mastick Senior Center Lobby, calling for bids and directing City Clerk to advertise same." Adopted. *86-280 Resolution No. 10907 "Authorizing application to Office of Criminal Justice Planning for a Community Crime Resistance Program Grant Award." Adopted. *86-281 Resolution No. 10908 "Authorizing open market purchase of logging recorder and associated equipment." Adopted. *86-282 Resolution No. 10909 "Designating the County of Alameda as City's Agent for service of process for any and all actions brought against City by taxpayers for tax refunds pursuant to Section 5149 of the California Revenue and Taxation Code." Adopted. FINAL PASSAGE OF ORDINANCES *86-283 Ordinance No. 2282 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-86-1, the off-shore portion of 2300 Blanding Avenue and the entire City block bounded by Oak Street, Park Street, and Blanding Avenue." Adopted. *86-284 Ordinance No. 2283 N.S. "Amending the Alameda Municipal Code by amending certain sections of Chapters 3 and 4 of Title XVII thereof to define parking enforcement holidays." Adopted. *86-285 Ordinance No. 2284 N.S. "Amending the Alameda Municipal Code by amending Section 17-432 of Chapter 4 of Title XVII thereof to install a four-way stop at the intersection of Mariner Square Loop/Marina Village Parkway." Adopted. 118 BILLS *86-286 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,860,504.13. RETURN TO REGULAR AGENDA HEARINGS 86-287 Hearing regarding proposed Rezoning, R-86-3, to change the zoning at 1318 and 1330 High Street and 3206 Briggs Avenue from R-4, Neighborhood Apartment District to R-5, General Apartment District. Applicant: City of Alameda. The Planning Director explained the zoning under consideration. Councilmember Lucas inquired if parking is provided and the Planning Director responded in the affirmative. President Diament opened the public portion of the hearing. On the call for Proponents, there were none. On the call for Opponents, the following persons addressed Council: Trevor J. Trevalion, 3206 Briggs Avenue, and Travis E. Gilbert, 1326 Court Street. President Diament closed the public portion of the hearing. Councilmember Monsef asked for clarification of the parking problems, to which the Planning Director responded that if parking were not sufficient, then an application could be made for a variance. President Diament inquired if the Planning Board had addressed the fire hazard, to which the Planning Director responded it had not, but that it would, and if there were a hazard, it would not be allowed to continue. Councilmember Lucas inquired if the properties of the persons objecting to the rezoning could be left out of the rezoning ordinance under consideration. The Planning Director replied that spot zoning was not considered the best method and the Board believed the three properties should be considered together. Councilmember Corica commented that perhaps the accountant's office could share in the market parking lot. Councilmember Monsef made a motion to grant rezoning proposal as to 1318 High Street only. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote -5. Councilmember Monsef made a motion to take the related ordinance out of order. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote -5. 119 INTRODUCTION OF ORDINANCE 86-288 Ordinance No. N.S. "Reclassifying and rezoning certain property within the City of Alameda by amending Zoning Ordinance No. 1277, N.S.; Applicant: City of Alameda, R-86-3 at 1318 and 1330 High Street and 3206 Briggs Avenue. Applicant: City of Alameda." Introduced as to 1318 High Street only. Councilmember Monsef made a motion to introduce the Ordinance with an amendment that only 1318 High Street be rezoned. The motion was seconded by Councilmember Lucas and carried by unanimous voice vote -5. HEARING 86-289 Hearing regarding proposed Rezoning, R-86-5, to change the zoning at the southeast corner of Atlantic Avenue and Main Street, from R-4-G, Neighborhood Apartment District with Government overlay to C-1, Neighborhood Commercial District. Applicant: John Beery. The Planning Director explained the rezoning under consideration. President Diament commented that the Housing Authority supported the application. Councilmember Lucas asked if whatever is constructed is subject to design review, to which the Planning Director responded in the affirmative. 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 meeting. Councilmember Hanna made a motion to approve the proposed rezoning and to take the related Ordinance out of order. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86-290 Ordinance No. N.S. "Reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, N.S.; Applicant: John Beery, R-86-5, at the southeast corner of Atlantic Avenue and Main Street." Introduced. Councilmember Hanna made a motion for introduction of the Ordinance. It was seconded by Councilmember Lucas and carried by unanimous voice vote - 5. HEARING 86-291 Hearing regarding proposed Zoning Text Amendment, ZA-86-2, which would categorize as exempt off-site hospital directional signs. Applicant: City of Alameda. 120 The Planning Director explained the proposed zoning text amendment, noting it was necessary to provide direction to the hospital. Councilmember Hanna inquired if the signs were to be no greater than 3 sq.ft., to which the Planning Director replied that the Planning Board believed the signs should be no larger than regular traffic control signs, but additional arrows could also be placed to show direction. 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 Hanna made a motion to approve the proposed zoning text amendment, and to take the related Ordinance out of order. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 86-292 Ordinance No. N.S. "Amending Title XI of the Alameda Municipal Code by adding Section 11-14813(X), relating to hospital signs." Introduced. Councilmember Hanna made a motion for introduction of the Ordinance. It was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. APPEALS 86-293 Consideration of appeal of Planning Board decision to deny Variance V-86-4, to permit construction at 2526 Blanding Avenue for a church containing a sanctuary and fellowship hall. Appellant: First Samoan Congregational United Church of Christ. The City Attorney reviewed the appeal process. Mr. Moe Turkenic, 3424 Motor Avenue, Los Angeles, CA 90034, stated the Church has purchased property believing facilities could be built and parking handled under casual agreements with property owners. Councilmember Hanna inquired if the church expected to be filled to capacity at some point, and if so, how many people would drive. Mr. Turkenic responded that he expected 150 people would be driving; that the families are large and many persons would come in each vehicle. Councilmember Monsef inquired about services during the week to which Rev. Pimasa, Deacon of the Samoan Church, responded there would be only special occasion activities, and services were held on Sunday. To Councilmember Lucas' question regarding kinds of activity, time of day of activity and length of activity, the reply was that there were Friday evening get-togethers, an occasional funeral, activities in the evening are held from 7:00 p.m. to 9:00 or 10:00 p.m., kitchen facilities would be used for their social gatherings, and once or twice a year the church has a luau. 121 Francis Lewis, 2411 Santa Clara Avenue, representing the First Samoan Congregational Church, stated he was asked by the Church to outline to Council the reasons for the appeal. He proceeded to explain the following points: (1) That many churches in Alameda do not have on -site parking but were operating before current requirements, (2) That point factors were used to determine parking needs in some other cases of churches, (3) That adjoining landowners are willing to allow parking in their spaces, (4) That the church hall would not be for rental but for church functions only, (5) that the Planning Board mentioned the possibility of trespass on other properties but Blanding Avenue is empty Sundays from 10 :00 a.m.to 12 :00 a.m., and (6) regarding future growth, the church is at two - thirds capacity, don't plan a growth program, and many families are within walking distance. Pamela Reiss, One Maritime Plaza, San Francisco, of Taylor Woodrow of California, Inc., owners of the Fernside Shopping Center, made a statement as follows: (1) That the company is in favor of the church being built on the proposed site, (2) That parking should be provided on -site for at least the larger of the two halls, (3) That any off -site parking allowed should be provided by recorded easement. Council was requested to uphold Planning Board's decision to deny the variance. Linda A. Pritchard, 3263 San Jose Avenue, whose place of business is at 2515 Clement, commented that upon moving into the building on Clement, a garage was removed in order to provide parking at her place of business, yet many times she must park two blocks away, and that on Sundays and holidays the Payless parking lot is often full and parking spills over into other lots. She stated that, while she believed the church would be an asset to the community, that they may find, as she did, that parking problems in that area can be much more difficult than anticipated. Bruce Logan, 1 Parish Court, noted that St. Albert's Parish on Bay Farm Island, has a capacity of 400 people, provides 75 parking spaces, and on Saturdays, they fill the lot and both sides of the street; that although the Samoan Church currently plans little use of their church, plans do change over a period of time, and there already appears to be a problem for conflict of time on Friday evenings because the Video Station does not close until 8 :00 p.m. He concluded that he would like to see the Church built on that spot but would like to see at least a token gesture to adequate parking provided. President Diament inquired if Temple Israel parking spaces were designated for church use, to which the Planning Director responded that the temple is part of a larger complex and reduction in parking was justified on the basis that they were sharing parking spaces within the complex, rather than being on separate property and expecting existing owners nearby to share spaces. He commented also that the Greer Mortuary is more than 300 feet away, and that alternate findings were given to the Church so that they might adopt plans that the Board could approve. Councilmember Corica stated he would like to see the church in that area and believed exceptions regarding parking should be allowed. President Diament stated that no person wanted to turn down the church but perhaps it should be scaled down to provide more on -site parking. 122 Councilmember Lucas stated that undoubtedly all of Council would like to see the Church located in the area but the problem was the huge gap between required spaces and planned allowance for parking, that the building would probably be used 30 or 40 years, parking and traffic problems are increasing, and she would suggest the church follow President Diament's suggestion to scale down because a variance for a smaller number of parking spaces would be more acceptable. Councilmember Hanna commented on the possibility that approval for joint use of parking lots could be withdrawn at any time, and the increasing costs of insurance might discourage property owners from allowing others to park on their property. Councilmember Hanna made a motion to approve Planning Board's decision and deny the appeal. Councilmember Lucas seconded the motion. Councilmember Corica stated that Council, if it approved the motion, should not allow a reduction on parking for anyone else in the City. Councilmember Lucas responded that, particularly in this instance, if there were ten parking spaces short instead of fifty, the variance might be granted, but the variance process should be used wisely. Councilmember Monsef stated that he would like to see the church there and would hope that the church could come back with plans that would permit acceptance of the variance. Mr. Lewis stated that he was authorized to say on behalf of appellants, that they are willing to go back to the Planning Board with a revised plan especially in view of the comments of Council and they would be satisfied to try to meet the concerns of the Council. The motion was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Corica and Monsef. Absent: None. Councilmember Hanna inquired how the church property on Everett Street is being used, and whether any meetings were held there. Mr. Faresa Tia responded that the minister lives at that address and no meetings are held there. REPORTS AND RECOMMENDATIONS 86 -294 From President of the Social Service Human Relations Board transmitting a Needs Assessment Report. David Gilbertson, President, Social Service Human Relations Board (SSHRB), commented on his appreciation of board members. Councilmember Lucas inquired about the areas in which Board Members worked, to which Mr. Gilbertson replied he would provide a list of workers on each area of interest. 123 Council - •er Lucas referred to the report where it stated the rate of crime and drugs are at a higher risk level for new igrants in a community, commenting it was her belief the opposite was true. The President of the SSHRB responded there is an investigation to see if it is true, as speculated currently, that problems of language, new culture and new community make them targets of crime and cause a high risk tendency to develop drug problems. Councilmember Lucas requested clarification on why the 615 unit Buena Vista Apartment complex was not counted as subsidized housing to which the President of SSHRB stated he would report further. Councilmember Lucas additionally noted that second and third generation families living in publicly supported housing which ties them up for a long period of time. She felt they could be better utilized if used on a short term basis as a transitional housing program. Susan Foulkes, 2005 fA Alameda Avenue,a member of the SSHRB, commented that preparing the report provided an opportunity to get out into the community and systematically analyze service levels. Councilmember Monsef made a motion to adopt the work plan and commend the Board for the fine work they have been doing. Councilmember Corica seconded the Motion. Councilmember Lucas stated that she wanted it understood that she disagreed with the statement for "more affordable housing" if "more housing" meant subsidized housing. The motion was then carried by unanimous voice vote - 5. 86 -295 From City Manager regarding State propositions on the June 3 1986 Ballot. President Diament inquired if the positions taken were the same as those of the League of California Cities. The City Manager replied they basically were, that the report also reflects the positions of the Alameda County Taxpayers' Association (ACTA), and the recommendations in the report are consistent with the ACTA's recommendation with the exception of No. 43 which provides $100,000,000.00 in bond money under the Community Parklands Act of 1986, which in turn would provide money for local parks. The City Manager reviewed the propositions in the Report and showed how they related to and impacted on City needs and benefits. Fred Scullin, 1120 Chestnut Street, inquired whether the entire staff was involved. Councilmember Lucas questioned what the point was in acting upon the recommendations. The City Manager stated that it was merely to establish Council's position as the California League of Cities had, and allows the public to know where the Council stands. Councilmember Corica noted that the strongest opponent to Proposition 13 was the League of California Cities, which shows that they don't always represent the people of the State of California. 124 Councilmember Corica made a motion to accept the report without making a recommendation. Councilmember Lucas seconded the motion, and it was carried by unanimous voice vote - 5. Councilmember Monsef commented that he would answer anyone personally regarding his stand on propositions. Councilmember Hanna stated that he appreciated the education on the propositions. 86-296 From Public Works Director on the status of Patton Way. The Public Works Director summarized his report for Council, noting that Phase I is on schedule, that Phase II is expected to be ready to go out to bid in October of 1986, and that Phase III is almost completed and, depending upon funding, could proceed with Phase II or independently at a later date. Councilmember Lucas made a motion to accept the report, Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 86-297 Resolution No. 10910 Authorizing execution of agreement with Deloitte Haskins & Sells, Certified Public Accountants, for financial auditing services. (Consensus of Council) Councilmember Corica stated that he would like to go ahead with the McKenna firm. The City Attorney informed Council of appeal procedure in the matter. President Diament stated that she agreed with the Appeal, but noted that there should be concern for the City's financial needs. Councilmember Hanna asked what would be done next year, to which the City Manager stated the City would probably advertise and go to bid. Councilmember Corica made a motion to proceed with the Kimbell, McKenna firm, and with an appeal. Councilmember Monsef seconded the motion. The motion was not carried in accordance with a roll call vote as follows: Ayes: Councilmembers Corica and Monsef -2. Noes: Councilmembers Hanna, Lucas, and President Diament -3. Absent: None Councilmember Corica made a motion to go with Deloitte, Haskins & Sells for the amount of $46,500.00. The motion failed for lack of a second. President Diament noted that the firm has already refused to accept that amount. Councilmember Monsef asked for comment from the Finance Director. 125 The Finance Director responded that, in the best interests of the City, an Auditor should have been in a month ago and if there is further postponement, the City might have trouble finding an auditor because firms have been booking for some time. Councilmember Lucas made a motion to adopt the Resolution. Councilmember Hanna seconded the motion and it was carried by the following roll call vote: Ayes: Councilmembers Hanna, Lucas and President Diament - 3. Noes: Councilmembers Monsef and Corica - 2. Absent: None 86-298 Resolution No. 10911 "Awarding contract to O.C. Jones and Sons for construction of Marina Village Parkway street improvements, Project No. 7, Assessment District 84-3, P.W. No. 3-86-6, and authorizing execution thereof." Adopted. Councilmember Monsef made a motion to adopt the resolution. The motion was seconded by Councilmember Lucas and was carried by unanimous voice vote - 5. 86-299 Resolution No. 10912 "Approving Parcel Map 4744 for division of property within Alameda Marina Village, permitting recording thereof, and accepting certain dedicated parcels and easements (Alameda Marina Village Associates, subdivider)." Adopted. Fred Scullin, 1120 Chestnut, noted that there is a narrow strip which appears to be a barrier. The Public Works Director noted that it is to prevent unapproved access, the assessment district has paid for the property to the street and it is State law that the adjacent property owner contribute to the improvements, which has not been done thus far. Councilmember Hanna commented that for many years there have been one foot strip requirements where adjacent property was not already planned or participating in a subdivision. He also raised a question why marina structures can be closer than public or private structures. Mr. David Collins, Marina Village, responded that it was probably a carry-over in standard language on a previous parcel map that did involve marina structures (floats, docks etc.) and has no relevance at this point in time. Councilmember Hanna made a motion to adopt the resolution. The motion was seconded by Councilmember Lucas and carried by unanimous voice vote - 5. 86-300 Resolution No. 10913 "Authorizing Application for Fiscal Year 1986-87 Rental Rehabilitation Grant Funds and authorizing execution of Certifications and Grant Agreement." Adopted. Councilmember Hanna asked if this were the program where no more than $5,000. is spent on property, to which the Community Development Director responded that no more than $5000. is to be spent on a unit and matching funds, if any, are to a maximum of $20,000.00. 126 Councilmember Hanna made a motion to adopt the resolution. It was seconded by Councilmember Monsef and carried by unanimous voice vote -5. 86 -301 Resolution No. 10914 "Adopting Plans and Specifications for Webster Substation demolition, P.W. No. 5- 86 -13, calling for bids and directing City Clerk to advertise same." Adopted. Councilmember Hanna inquired if the estimate of $50,000.00 to do the work seemed a good estimate to which the Public Works Director responded that it had been investigated and appeared to be appropriate, and that it included removal of concrete piles. Councilmember Hanna made a motion to adopt the resolution. The motion was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 86 -302 Ordinance No. 2285 N.S. "Amending the Alameda Municipal Code by adding Chapter 7 of Title XI thereof relating to development of abandoned commercial buildings." Adopted. Jack Cooley, 1811 Pearl Street, for Gloria Lohr, requested that Council state what could be done to comply with the City Ordinance if it is passed at the meeting. President Diament responded that it was to simply make the building ready for use. Councilmember Corica stated that if it is an abandoned building, that all that needs to be done is have someone move in, to which the City Attorney agreed. Barbara Thomas, 1118 Paru, stated her concerns regarding the ability to force sale of property. Linda Pritchard, 3263 San Jose, expressed her belief in the importance of the opportunity of everyone in this country to own property and use it as they wish. Christopher Hanson, 543 Palace Court, expressed his concern about what he considers to be a "severe remedy" to the problem of abandoned buildings. Fred Scullin, 1120 Chestnut, suggested that a balance be found that would alleviate the problem without the necessity of the more severe solution. Daniel Chaix, 2149 San Antonio, expressed belief that something should be done to pressure people to improve property when necessary, but that they should not have property taken away. The City Attorney summarized the ordinance. The motion was carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament -4. Noes: Councilmember Corica - 1. Absent: None 127 UNFINISHED BUSINESS 86-303 Councilmember Corica stated that a letter should be written to Mastick Senior Center regarding the possibility of the shared housing program being handled at the Center. NEW BUSINESS 86-304 Councilmember Lucas requested that the matter of dumping of toxic wastes be investigated; that it be determined if tests have been made in residential areas adjacent to the military base and, if so, what the results of the testings are. 86-305 President Diament commented on the objections to the sign ordinances received, and noted that there have been requests to address Council regarding the sign ordinance. Consensus of Council was to continue enforcement of the sign ordinance and handle individual cases when and if appeals are requested. 86-306 President Diament noted that the Recreation Commission has requested that Council meet with them at Godfrey Park in late June. Council was agreeable to request. ADJOURNMENT 86-307 President Diament adjourned the meeting at 11:10 p.m. with a moment of silence in memory of Supervisor Fred Cooper. Respectfully submitted, 1 11/1 EJ, , Patricia Calbreath Deputy City Clerk ft/