Loading...
1986-06-03 Regular CC Minutes128 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 3, 1986 At the conclusion of a pre-Council meeting, President Diament announced an Executive Session to discuss the Workers Compensation Claims of Lawrence Tavernier, Keith E. Timms and Kenneth L. Leffle. The Council meeting convened at 8:08 p.m. (at the conclusion of the Housing Authority meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Leo Hartshorn gave the Invocation. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Consideration of approval of the minutes of May 20, 1986, was continued to June 24, 1986. CONSENT CALENDAR Mr. Gerhard W. Degemann, 19 Sandpiper Place, requested Item No. I-H, a resolution awarding contract for seven 1985 passenger vehicles for Police use to the Hertz Corporation, be taken out of order for discussion under the regular agenda. Councilmember Monsef moved for adoption of the Consent Calendar, with the exception of Item I-H, and Councilmember Lucas seconded the motion. The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *86-308 From Chairman of the Historical Advisory Commission regarding funding for Historical Preservation activities; Certified Local Government Program. Accepted. *86-309 From Finance Director regarding Investment Policies and Guidelines. Accepted. *86-310 From Public Works Director and Fire Chief regarding the status of the Exit and Fire Safety Program. Accepted. *86-311 From Public Works Director recommending acceptance of the improvements and release of bond for Tract 4254 (Harbor Bay Isle - Centre Court). Accepted. *86-312 From Executive Director of the Housing Authority recommending waiver of payment in lieu of taxes for fiscal years 1985-86 and 1986-87. Accepted. 129 RESOLUTIONS *86-313 Resolution No. 10915 "Authorizing execution of contract with Hislop Associates for Records Management Program." Adopted. *86-314 Resolution No. 10916 "Allocating funds and making an award of contract to the H.V. Carter Company for two trucksters for the Park Division." Adopted. *86-315 Resolution No. 10917 "Adopting Plans and Specifications for Clinton-Park-Otis Sanitary Sewer Project, Phase I, PW. No. 3-86-7, calling for bids and directing City Clerk to advertise same." Adopted. *86-316 Resolution No. 10918 " Authorizing execution of Loan Agreement and related documents between the City of Alameda and the United Pilipinos of Alameda for funds to acquire a facility for use as an emergency shelter." Adopted. *86-317 Resolution No. 10919 "A resolution of intention to levy reassessments and to issue refunding bonds upon the security thereof, Marina Village Assessment District No. 84-3. (Reassessment and Refunding of 1986)" Adopted. *86-318 Resolution No. 10920 "A resolution preliminarily approving reassessment report, appointing time and place of hearing protests and directing Notice thereof, Marina Village Assessment District 84-3. (Reassessment and Refunding of 1986)" Adopted. *86-319 Resolution No. 10921 " A resolution of intention to make changes and modifications, Marina Village Assessment District No. 84-3." Adopted. *86-320 Resolution No. 10922 "Declaring intention to prohibit by ordinance, the use of Buena Vista Avenue, from Grand Street to Park Street, by any vehicle exceeding maximum gross weight of three tons between the hours of 10:00 p.m. and 6:00 a.m.; setting date of hearing thereon by City Council; and directing publication of Notice of said hearing pursuant to Article 4, Chapter 5, Division 15 of the California Vehicle Code." Adopted. INTRODUCTION OF ORDINANCES *86-321 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Section 7-3319 thereof relating to operation of bicycles." Introduced. FINAL PASSAGE OF ORDINANCES *86-322 Ordinance No. 2286 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 High Street." Adopted. *86-323 Ordinance No. 2287 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 southwest corner of Atlantic Avenue and Main Street." Adopted. 130 *86 -324 Ordinance No. 2288 N.S. "Amending Title XI of the Alameda Municipal Code by adding Section 11- 14B13(x), relating to hospital signs." Adopted. BILLS *86 -325 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,223,731.57. RETURN TO REGULAR AGENDA HEARINGS 86 -326 Hearing to consider budget and assessment levy, Island City Landscaping and Lighting District 84 -2 and Annexation 86 -1. The Public Works Director explained the matter and the areas involved. President Diament explained the procedure of the Hearing. President Diament opened the public portion of the Hearing. The Public Works Director explained the financial implications of the matter. On the call for written protests, there were none. On the call for oral protests, there were none. On the call for oral proponents, there were none. On the call for oral opponents, there were none. The Public Works Director requested that the Engineer's report be made a part of the record. Fred Scullin, 1120 Chestnut Street, asked the question if the inclusion of the property in such district would require need of activity by the Community Improvement Commission. The Public Works Director and the City Attorney said it would not. Mr. Scullin inquired if in such lighted areas, consideration was being given to benefit low income people or to improve the shopping center. The Public Works Director stated that in the public areas constructed to date, all entrances had been done so that anyone entering the project will be benefited. President Diament closed the public portion of the Hearing. Councilmember Hanna made a motion to take the related resolution out of order. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 131 RESOLUTION 86-327 Resolution No. 10923 "Approving Engineer's Report, confirming Diagram and Assessment and ordering levy of Assessments, Island City Landscaping and Lighting District 84-2." Adopted. Councilmember Hanna made a motion to adopt the resolution. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. 86-328 Hearing regarding proposed Zoning Text Amendment, ZA-86-4, which would allow car washes to operate in the C-2, Central Business District upon obtaining a use permit. Applicant: Murray Stevens. The Planning Director reviewed the proposed Amendment. In response to Councilmember Lucas inquiry, the Planning Director stated that a use permit hearing would be necessary if the car wash were relocated. President Diament noted that at a meeting with the Harsh Development Corporation representatives, they stated they would like to move the car wash back in order to improve the corner. The Planning Director noted that the Planning Board has held hearings concerning zoning of the South Shore Center too, and that, either through the Use Permit process or PD Plan, the future location of the car wash would be controlled on the site. President Diament opened the public portion of the Hearing. On the call for proponents, there were none. One the call for opponents, there were none. President Diament closed the public portion of the Hearing. Councilmember Lucas made a motion to take the related Introduction of Ordinance out of order. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCE 86-329 Ordinance No. N.S. "Amending Title XI of the Alameda Municipal Code by adding Section 11-1335(o), thereto relating to car washing establishments." Introduced. Councilmember Lucas made a motion to introduce the ordinance and it was seconded by Councilmember Corica. The motion was carried by unanimous voice vote - 5. 132 86-330 Hearing regarding proposed Zoning Text Amendment, ZA-86-5, which would amend the regulations for satellite dish antennas. Applicant: City of Alameda. The Planning Director reviewed the proposed text amendment regarding satellite dish antennas. Councilmember Lucas inquired if the satellite dish antennas would go into open space area, to which the Planning Director responded in the affirmative, and added that each location is viewed on its own merits. Councilmember Lucas inquired if an application is still required, to which the Planning Director replied that it is. 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 made a motion to take the related Ordinance out of order, Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCE 86-331 Ordinance No. N.S. "Amending various sections of Chapter 1, Title XI of the Alameda Municipal Code to provide for regulation of satellite dish antennas." Introduced. Councilmember Lucas made a motion to introduce the ordinance, Councilmember Monsef seconded the motion, and it was carried by unanimous voice vote - 5. HEARING 86-332 Hearing regarding proposed Zoning Text Amendment, ZA-86-1, which would add a definition and land use regulations for the activities of fortunetelling and hypnosis/hypnotherapy. Applicant: City of Alameda. The Planning Director reviewed the proposed amendment. President Diament opened the public portion of the Hearing. On the call for proponents, the following person spoke: Fern Wallis, 3244 Bayo Vista, expressed concern about allowing any establishments in close proximity to public schools. On the call for opponents, no one spoke. President Diament then closed the public portion of the Hearing. Councilmember Lucas made a motion that the related ordinance be taken out of order. Councilmember Monsef seconded the motion and the motion was carried by unanimous voice vote - 5. 133 INTRODUCTION OF ORDINANCE 86-333 Ordinance No. N.S. "Amending the Alameda Municipal Code by adding definition and regulations for the activities of fortunetelling and hypnotism/hypnotherapy." Introduced. Councilmember Hanna made a motion to introduce the ordinance and Councilmember Monsef seconded it. The motion was carried by unanimous voice vote - 5. 86-334 Hearing regarding Tentative Map 5603, which would create six lots from one parcel located at the southwest corner of Otis Drive and Willow Street. Applicant: City of Alameda. The Planning Director provided background information and the proposed subdivision of the property. Councilmember Lucas inquired what a standard size lot is, what is proposed, and adjacent lot size, to which the Planning Director replied that standard R-1 is 5000 sq.ft. minimum, the adjacent lots are 5000 sq.ft. and the proposed lots are over 5000 sq.ft. Councilmember Monsef asked if proceeds of the sale would go into the General Fund, to which the Planning Director replied that some would be used for work on Island Drive and the remainder would go to the General Fund. Councilmember Hanna inquired whether or not there were any Conditions for installation of improvements and infrastructures, to which the Planning Director responded that Conditions are noted on the City Engineer's Map and in the Engineer's Report. Councilmember Hanna commented that in this case, the City is the subdivider, and asked if the City will divide the land. The Planning Director stated that the property could be sold as a unit or it could be subdivided first. President Diament opened the public portion of the Hearing. On the call for proponents, there were none. On the call for opponents, the following person spoke: Janice Ahlf, 1701 Shoreline Drive, proposed that the site be considered for senior citizen housing. President Diament stated that had been considered. President Diament closed the public portion of the Hearing. Councilmember Lucas made a motion to take the related resolution out of order. The motion was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. 134 RESOLUTIONS 86-335 Resolution No. 10924 "Approving Tentative Map 5603, a subdivision of approximately .793 - acre parcel on the southwest corner of Otis Drive and Willow Street, finding said Tentative Map consistent with the City's General Plan and determining that discharge of water into the sewer system will not violate regional water quality control regulations." Adopted. Councilmember Hanna made a motion to adopt the resolution and Councilmember Lucas seconded the motion. The motion was carried by unanimous voice vote - 5. 86-336 President Diament announced that the resolution removed from the consent calendar by request of Mr. Gerhard Degemann would be considered. Resolution No. 10925 "Awarding contract for seven 1985 passenger vehicles for Police use to the Hertz Corporation." Adopted. Gerhard Degemann, 19 Sandpiper Place, inquired about the purchase of second hand vehicles, to which the Acting City Manager responded that the vehicles were not used for response calls. Councilmember Lucas made a motion to adopt the resolution and Councilmember Monsef seconded the motion. It was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 86-337 From the Chairman of the Historical Advisory Commission (HAC) regarding Historic Street Lights. The Chairman of the Historical Advisory Commission introduced Woody Minor, a member of HAC who commented on the historical street lights in use. David Plummer, Chairman of the Historical Advisory Commission, stated that the historical street lights as altered for use, (by conversion to high pressure sodium vapor lamps), were both economical and aesthetically pleasing, and had earned the right to be preserved, and he further requested that the Council designate as Alameda Historical Landmark No. 20, the historical street lights. President Diament noted that the staff report shows a great deal of concern for exact replacement street lights and they request deferring a decision until the staff can meet with the Historical Advisory Committee to attempt to develop a replacement program, including associated costs which is acceptable to both points of view and asked if the Chairman were amenable to such request. The Chairman replied in the affirmative and noted there had been some review of cost of casts for street lights. He stated also that the City of Boston, around the Beacon Hill District, is replacing units of their historic street lights (which have been operating 24 hours per day by gas) that have been broken down, and are making molds, making exact fiberglass replicas and have converted them to low pressure sodium with good results. He also noted that there were many avenues to explore. 135 Councilmember Lucas inquired whether exact duplicates would be required if landmark status is granted, to which the Chairman replied that duplicates are the ideal, but that City landmark requirements are much less stringent than national requirements. Councilmember Corica asked why street lights should be removed from Buena Vista Avenue to some other area, to which the Chairman noted that the lights would not work there. Councilmember Corica commented that perhaps a more economical method for replacements could be explored. Councilmember Hanna noted that the report and recommendation of the Historical Advisory Commission accepted early in the meeting with regard to the Local Government Certification Program recommended that the Historical Advisory Commission and the City staff work together to research the costs and benefits of the program and report back to Council. Councilmember Hanna made a motion to hold the consideration of the designation of street lights as a landmark in abeyance until the information is received back from the joint meeting regarding the Certification Program. Councilmember Lucas seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Hanna commented that the Historical Advisory Commission and Woody Minor should be commended on their efforts on the street lights. 86-338 From Vice President of the Tree Advisory Committee submitting tree guidelines. David Maxcy, 1330 Bay Street, Tree Advisory Committee, commented that he believed the report would speak for itself but he would be happy to answer questions Council might have. Susan Dutcher, 2975 Gibbons Drive, noted that Council previously had directed citizens to work with the Committee, and that she and other citizens and the Committee had met with the Public Works Director. She requested that Council accept the guidelines and thanked them for their consideration. Councilmember Hanna questioned various details regarding the guidelines. Councilmember Corica commented that the cost between a 5-gallon and 15-gallon tree is not substantial and therefore a 15-gallon tree should be used for replacement. Councilmember Monsef stated that the Fernside Homeowners Association pays automatically for additional cost of a 15-gallon tree. The Public Works Director noted that there is a high mortality rate on small trees. Councilmember Lucas commented that the homeowners could pay the added amount for the larger trees if they wished them. 136 President Diament noted that under Section III of the Street Maintenance Procedures, "the Public Works Department shall reinstate a program of regular street pruning and maintenance", a phrase she would like to add is "where funds are available." Councilmember Hanna noted that he would like to replace the phrase "all other alternatives" under Section I, Page 1, Paragraph 4, last sentence with "all of the above alternatives." Councilmember Lucas suggested the words " permissable only after all practical and reasonable alternatives have been considered," to which both Councilmember Hanna and Mr. Maxcy agreed. Councilmember Hanna substituted the word affected with adjacent property owners in Section II, A, Item 2. Councilmember Hanna inquired about the type of public hearing contemplated in Section II of the Guidelines. Mr. Maxcy noted that in Paragraph 5 the City Council makes the final decision. The Acting City Manager suggested perhaps an administrative procedure for hearings like the one for hearings on buildings could accomplish the purpose. Councilmember Hanna requested clarification to which the Acting City Manager replied that public hearings would be before the Public Works Director and any appeals would come before the Council. Councilmember Hanna referred to Section II, C, and requested that the words "and replant in the same spot" be added to the end of the sentence. Councilmember Hanna referred to the bottom of Page 2 of the Guidelines where it states under Maintenance Procedures, "the Public Works Department shall reinstate a program of regular street tree prunings and maintenance" and remarked that the Committee most likely meant the Department will continue the program of regular street tree prunings and maintenance. Mr. Maxcy responded that if the program had been continued, he did not believe Gibbons Drive would be in its present state. Councilmember Hanna stated that it appeared additional personnel for the Public Works Department was being suggested. Mr. Maxcy responded that he believed that was the intent, to which Councilmember Hanna stated an increase in budget would be necessary. President Diament commented that the Council would soon be looking at the budget very seriously. Councilmember Hanna referred to Section III, Item 2, (a) which stated that top pruning and crown reduction should take place prior to any root pruning and he commented that it should state "any severe root pruning". Councilmember Hanna noted that, under (b), it was stated that pruning should take place under the guidance and direction of an arborist or 137 recognized authority and commented that it sounded to him as though it were being recommended that an arborist be placed on the staff, and added that the street foreman has been an outstanding person over the years and can use his judgment and experience, that a plan is presented to an arborist and if that is approved then the department proceeds on that basis. The Public Works Director stated that the tree pruning plan has been presented to an arborist for review and approval and arborists are also called in for recommendations in special situations. Councilmember Lucas commented that she believed the wording "guidance and direction" does not mean that a person must be physically present and observing the work at the time. Councilmember Hanna stated that as long as it was thoroughly understood what is intended, then he is satisfied. He added that it is his concern that individuals from time to time can interpret literally and he would therefore like an understanding from the beginning. Councilmember Corica said that he would like to address Section II, D, Item 3, and change the 5-gallon size to 15-gallon. Councilmember Corica made a motion that the report and recommendation from the Tree Advisory Committee be accepted and that the program be put into use as quickly as possible. Councilmember Monsef added that the motion should include the amendments as agreed upon during the discussion, to which Councilmember Corica agreed. Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 86-339 Resolution No. 10926 "Designating June 14, 1986 Flag Day in the City of Alameda and honoring America by acknowledging the Bicentennial of the Constitutional Convention and the 100th Anniversary of the Statue of Liberty." Councilmember Hanna made a motion to adopt the resolution. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote -5. INTRODUCTION OF ORDINANCES 86-340 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Chapter 3 of Title VI thereof to increase Sanitary Sewer Fees." Introduced. Councilmember Lucas made a motion to introduce the ordinance, Councilmember Hanna seconded the motion and it was carried by unanimous voice vote - 5. Councilmember Monsef noted, for the record, that the increase was substantial. President Diament commented that the price for replacement and repair of the sewer system and accommodation of the infiltration/inflow is going to be huge, and hopefully there will be help from the federal government so that there will not need to be another increase soon. 138 UNFINISHED BUSINESS 86-341 Councilmember Lucas stated that she would like information on whether the Regional Water Quality Control Board performed ground water tests in Alameda and the results thereof. She also recommended that the County Environmental Health Director be contacted to assess the results and determine whether additional tests should be considered. 86-342 Councilmember Hanna requested a written report on the 13th dwelling unit at 1804 Santa Clara Avenue (summary of the last fifteen years). 86-343 Councilmember Hanna requested information on the number of apartment buildings where sprinkler systems have been tested and certified. 86-344 Councilmember Hanna directed that a policy be set that would prohibit public information on an Engineer's Estimate on a Public Works job before a bid opening. ORAL COMMUNICATIONS, GENERAL 86-345 Rosalie McPherson, 1128 Marianas Lane, inquired whether the Council would be holding a hearing concerning the one-half cent sales tax for transportation improvements in Alameda County. Councilmember Lucas stated that the matter will come to the Council in the future. ADJOURNMENT President Diament adjourned the meeting at 10:15 p.m. Respectfully submitted, /2 Di ne B. Felsch, City Clerk