1986-08-19 Regular CC Minutes197
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
TUESDAY AUGUST 19, 1986
At the end of the Pre - council Meeting, President Diament called an
Executive Session to order to consider the case of Smitheram v.
City of Alameda and the Workers' Compensation claims of Elizabeth
Nice and Siegfried A. Roth.
The meeting convened at 7:45 p.m. (at the conclusion of the
Community Improvement Commission Meeting) with President Diament
presiding. The Pledge of Allegiance was led by Councilmember
Monsef. Reverend Martell Twitchell gave the invocation.
ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef
and President Diament - 5.
Absent: None
MINUTES
Councilmember Hanna made a motion for approval of the minutes of the
Regular Council Meeting of August 5, 1986, and minutes of the
Special Council Meeting of August 7, 1986. Councilmember Lucas
seconded the motion and it was carried by the following voice vote:
Regarding Council Meeting of August 5, 1986: Ayes: Councilmembers
Corica, Hanna, Lucas, Monsef and President Diament - 5.
Regarding Council Meeting of August 7, 1986: Ayes: Councilmembers
Corica, Hanna, Lucas and Monsef - 4. Noes: None. Absent: None.
Abstention: President Diament - 1 [Due to absence from that
meeting.]
CONSENT CALENDAR
86 -488 Consent Calendar Items Nos 1 -C and 1 -D were removed and
placed on Regular Agenda at request of Charles Tillman, 2415
Roosevelt Drive. [See Resolutions Nos. 86- and 86- .]
Councilmember Lucas moved for adoption of the Consent Calendar with
the exception of the above mentioned Items Nos. 1 -C and 1 -D, and
Councilmember Corica seconded the motion, which carried by unanimous
voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*86 -489 From Finance Director on City's Investment Portfolio as of
July 31, 1986. Accepted.
*86 -490 From Recreation and Parks Director recommending acceptance
of work done by Gateway Construction Company for the renovation of
the Krusi Park Tot Lot, P.W. No. 8- 85 -26. Accepted.
198
RESOLUTIONS
*86-491 Resolution No 10992 "Rescinding the Rejection of Bids for
the construction of crosswalks at Park Street, from Central Avenue
to Santa Clara Avenue, P.W. No. 3-86-4, awarding contract to Ambo
Concrete, Inc., and authorizing execution thereof." Adopted.
*86-492 Resolution No. 10993 "Adopting Plans and Specifications for
the Pruning of City Street Trees in Various Locations in the City of
Alameda, P.W. No. 8-86-26, calling for bids and directing City
Clerk to advertise same." Adopted.
*86-493 Resolution No. 10994 "Adopting Plans and Specifications for
the Construction of Wheelchair Ramps, Phase 5, P.W. No. 8-86-28,
calling for bids and directing City Clerk to advertise same."
Adopted.
*86-494 Resolution No. 10995 "Adopting Plans and Specifications for
Repaving of the Alameda Municipal Golf Course Parking Lot, P.W. No.
7-85-25, calling for bids and directing City Clerk to advertise
same." Adopted.
*86-495 Resolution No. 10996 "Adopting Revised Plans and
Specificatons for Krusi Park Walkway Rehabilitation, P.W. No.
8-86-29, calling for bids and directing City Clerk to advertise
same." Adopted.
*86-496 Resolution No. 10997 "Approving form and authorizing
execution of loan agreements for facade improvements and commercial
rehabilitation." Adopted.
*86-497 Resolution No. 10998 "Authorizing execution of extension of
Contract for purchase of services with Auto-Graphics, Inc. for
Library Catalog Production." Adopted.
FINAL PASSAGE OF ORDINANCES
*86-498 Ordinance No. 2299 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-86-7,
those properties located east of Patton Way and north of Thau
Way/future Atlantic Avenue extension in the environs of and
including the Island Auto Movie." Adopted.
*86-499 Ordinance No. 2300 N.S. "Authorizing sale of City-owned
property at Otis Drive and Willow Street to Harvey C. Dong and
Beatrice T. Dong." Adopted.
*86-500 Ordinance No. 2301 N.S. "Authorizing purchase by Grant
Deed of Real Property known as "Property No. 372, Alameda" from
East Bay Municipal Utility District in conjunction with the proposed
construction of Patton Way, Phase II." Adopted.
199
BILLS
86 -501 A List of Claims, certified by the City Manager as correct,
was approved in the amount of $2,416,641.56.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
86 -502 From Ardienne R. Neiswonger, WORDS WORDS WORDS, 2415 Mariner
Square Drive, regarding the new minimum business license fee
structure.
President Diament explained that the communication expressed the
belief that the business license fee for very small businesses is
too high.
Councilmember Lucas stated that there had been very long discussions
with the Chamber of Commerce and members of the business community
and believes the tax to be fair.
Councilmember Hanna made a motion to accept the communication.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
86 -503 Charles Tillman, 2415 Roosevelt Drive, regarding
parliamentary procedure and reconsideration of a motion.
Mr. Tillman addressed Council regarding concerns noted in his
letter, adding that he was not able to speak on a matter important
to him at a prior Council meeting because it was not agendized; it
was brought up under Unfinished Business close to the end of a
meeting, and he had left shortly before that.
City Attorney noted that additions to the Brown Act were being
considered by the State that would make changes in agendas.
Following a brief discussion on alternatives, Councilmember Hanna
made a motion to direct City Manager to develop ideas on the subject
and agendize for the next meeting. Councilmember Lucas seconded the
motion and it was carried by unanimous voice vote - 5.
HEARINGS
86 -504 Hearing regarding proposed Zoning Text Amendment, ZA -86 -3,
which would delete the definition for "apartment hotel"; delete the
R -3 through R -6 zoning classifications; add new land use
regulations pertaining to residential, office and business uses;
and add a section pertaining to non - conforming uses. Applicant:
City of Alameda.
President Diament announced the procedure of the hearing.
200
The Planning Director explained the background of the hearing
subject.
Councilmember Lucas wanted clarification that what was being
considered involves three types of zoning, R -1, R -2 and R -2
including AP [R -AP]; that the areas that are currently strictly
residential R -2 would not have AP automatically attached to them;
and, that the R -3 through R -6 are not automatically changed to the
RAP District, and the Planning Director confirmed that those
statements were correct.
On the call for Proponents, there were none.
On the call for Opponents, the following spoke:
Fred Scullin, 1120 Chestnut Street, stated he believed three -story
buildings could be built in residential districts under proposed
zoning, and added that Planning Board minutes have not been provided
to Council which he believes should be done before a matter is
discussed.
The public portion of the hearing was then closed.
President Diament requested the City Attorney clarify regarding the
number of building stories as permitted by the zone ordinance.
The City Attorney stated that R -6 allows up to 8 stories; R -5, 6
stories; and, R -3, 4 stories; and that the 3 stories being
considered in the new zoning was less than allowed in R -4, 5 or 6.
The Planning Director noted the Planning Board had discussed this
matter at length; that some members wanted the same height limit as
the C -2 district which is 8 stories and 100 feet high, while some
felt that the R -2 2- stories at 30 feet high were more appropriate;
that the district created is intended to be transitional and
accomodate some office and professional uses; and that this
district will apply only after public hearings with regard to
specific properties, will not become effective immediately, and will
not be interjected automatically into existing residential
districts.
Councilmember Hanna inquired if the Board considered the effect on
the Pope Street site.
Councilmember Lucas inquired why Council is not given minutes.
The Planning Director stated that Council never has been given
minutes prior to the time items were discussed because it would
extend the time for hearing, and that Council holds meetings with
the opportunity for opposing persons to speak.
Councilmember Lucas stated she would like to hear the opinion of
Board Members.
201
Councilmember Corica made a motion that Council, before it meets on
this matter, be given Planning Board minutes.
Councilmember Hanna commented that the Planning Board minutes are
lengthy, time consuming, and late; that perhaps the City Manager
could examine the type of minutes so they could come out sooner.
Councilmember Monsef said he would second the motion if it includes
that the matter be deferred until after receipt of the minutes and
that the Board be informed that Council intends to consider the Pope
Street site for senior citizen housing, to which Councilmember
Corica agreed.
The Planning Director noted that the opinion of each board member
would not necessarily be reflected in the minutes, that it would
require verbatim minutes which are done only in Appeal situations.
Councilmember Corica commented he would like the basis of decision
and type of discussion and if Council wants verbatim, it can be
requested later.
The motion was carried by unanimous voice vote - 5.
APPEALS
86 -505 Appeal of Planning Board Decision to deny Variance, V- 86 -11,
to allow an existing two -story building housing one dwelling unit at
the rear of the property at 3313 Fernside Boulevard, with a zero
foot side yard setback where ten feet and twenty feet respectively
are required. Appellant: Michailo Crnjanski.
The City Attorney described the procedure of the hearing of the
Appeal.
The Planning Director explained the background of the Appeal.
Councilmember Hanna inquired about the required ten foot side yard.
The Planning Director replied that normally the requirement is 5
feet, but when a residential unit backs to the side yard, 10 feet is
required.
Melvin Kahn, 467 Central Avenue, commented he had sold the property
to Mr. Crnjanski a year ago; he had owned the property for thirty
years prior to that; the building in question was well built; and
was built in accordance with City requirements.
John Barnard, 1134 Ballena Blvd., attorney for appellant, stated
that the use is consistent with the neighborhood; that he has
aerial photo to show that neighbors have such units; that the
building backs up to the bay, rather than to another house; that
this is not a density matter but is consistent with density; that
it is a legal accessory building; and it is without detriment to
public interest.
202
Italo Calpestri, 1504 Park Street, Architect for Mr. Crnjanski,
stated that there is sufficient parking and sufficient open space to
allow the proposed use of the building.
William Kirkland, 2000 Santa Clara, stated that between 40 and 50
percent of all of the units in the area have similar circumstances,
and expressed support for the Appeal.
Councilmember Hanna noted that the building has been used for thirty
years illegally; an illegal dwelling has lower value; making it
legal would raise value; and asked the City Attorney if the
Planning Board findings are proper.
The City Attorney commented that the language of the ordinance is
very technical; the City has become more stringent in applying the
ordinance; and the Planning Board has become more stringent also,
and it is not outside their purview to do so.
Monte Walker, 3301 Fernside Blvd., commented it is a miscarriage of
justice; that he would have to move out of his house on the same
technicality; and urged Council to vote in Mr. Crnjanski's favor.
Dolores Bissonnette, 3308 Fernside Blvd., stated that she lives
across the street from Mr. Crnjanski and said he has improved the
property since he has been there.
Sylvia Thompson, 1622 Fernside Blvd., #C, stated she lives nearby
and said Mr. Crnjanski has purchased and improved the property.
She submitted to Council a petition signed by 24 people asking that
the variance be allowed.
Dieter Rabe, 1510 East Shore Drive, stated he owns two properties on
Fernside; that nothing has been done in 30 years regarding many
illegal "improvements" on Fernside, and expressed support for the
appeal.
Erik Nilsen, 3315 Fernside Blvd., stated he is against the proposed
dwelling unit because it does not conform to regulations, windows
adjoin his property; the property in question is not improved;
cars are parked on the lawn, hedges torn out, and things done
without permits. He stated also there have been numerous complaints
over a number of years; that $30,000 worth of structural damage has
been done to his property because of drainage; and that the
building in question was built as a clubhouse, not a dwelling unit.
Councilmember Monsef asked about the size of the windows to which
Mr. Nilson replied they were large enough for someone to go
through, and added that to maintain that side of the building, it
would be necessary to come on his property.
In response to Councilmember Monsef's inquiry regarding drainage,
Mr. Nilson stated that the drainage from the Crnjanski property
goes into the ground and drains into the lower level of the Nilson
property, and that his drainage goes into the drainage system pipe
underground.
203
Darryl Browman, 3315 Fernside Blvd., stated his opposition to the
variance was not a personal matter; there should be no windows on a
property line without a setback; variances should be based on
hardship; the building was originally built as a clubhouse and Mr.
Crnjanski, as a real estate agent, should have known that; and
granting a variance would only give him a bonus.
David H. Tese, 3253 Fernside Blvd., stated that the letter from
Davis, Young & Mendelson stated gross untruths: that there are many
buildings on lots behind houses between High and Park Streets but
not on the other side of High Street; that there were numerous
protests over the years about people living in the building in
question; that it increases parking problems; and that the
Planning Board made a legitimate decision.
Howard Shirley, 3327 Fernside Blvd., stated he resented the charge
of discrimination because it is not true. He asked if it is legal
to build more than two residences on an R -2 lot to which the City
Attorney replied that it is based on square footage, that if it were
10,000 sq. feet, then there would be the right to subdivide and the
density is the same if subdivided or not.
William Gorman, 3309B Fernside Blvd., stated that Mr. Crnjanski
bought the property knowing what he bought; that there are many
names on the petition because they know if a precedent is set, they
can do the same; that Council should not allow individuals to
utterly disregard the law.
President Diament announced there is a letter signed by members of
the Carvalho family, 3305 Fernside Blvd., opposing granting of the
appeal.
Scott McKinley, 3313 Fernside and San Francisco, stated the building
exists and feels no harm would be done by granting the appeal.
Councilmember Hanna stated that the City has had problems with
illegal dwellings; that unless the City can establish standards, it
will always have buyers appearing and saying that they did not know
something was illegal; that the building was built according to the
zoning laws of the time but was not approved for living purposes.
He then asked the City Attorney if the Planning Board's findings
were correct, to which the City Attorney responded that they were.
Councilmember Monsef inquired if there were an investigation as to
safety for living quarters when the owner applied for permit for
new aluminum windows for the building and, if not, then why not.
The Public Works Director replied that the application was for a
permit for new aluminum windows and because the City records
reflected the building as clubhouse, there was no such investigation
required.
Councilmember Lucas stated the Council is concerned about density;
that she believed that it is good that the Planning Board is
204
becoming more strict; and agrees with Councilmember Hanna that the
Planning Board should be upheld.
Councilmember Lucas made a motion to uphold the decision of the
Planning Board. The motion was seconded by Councilmember Hanna and
carried by unanimous voice vote - 5.
RESOLUTIONS
86 -506 Resolution No. 10999 "Accepting Application for Financing
and of Determination and of Intention to undertake project and to
issue bonds therefor and approving and authorizing a preliminary
agreement between the participating party and the City with
reference to such financing. (Park Street Landing Project)"
Charles Tillman, 2415 Roosevelt, asked a number of questions
regarding the industrial revenue bond issuance. The City Manager
responded to the questions as follows: It is collateralized by the
property for which the proceeds were used for improvements; there
must be a private institution or a letter of credit to back the
bonds; it is not backed by the City; it is for $2,250,000.00
maximum; the bond issuance may be less; the resolution only states
an intent to issue; it would be necessary to come back to Council
to actually issue; the first industrial revenue bond issuance was
for the Harbor Bay Recreation Center; and, the bonds are tax exempt
and therefore at a lower rate.
Councilmember Monsef made a motion to accept the resolution.
Councilmember Lucas seconded the motion and it was carried by the
following voice vote: Ayes: Councilmembers Corica, Lucas, Monsef
and President Diament - 4. Noes: None. Abstention: Councilmember
Hanna - 1.
86 -507 Resolution No. 11000 "Amending the Management and
Confidential Employee Salary Resolution by establishing salary for
the new position of Recreation Manager." Adopted.
Resolution No. 11001 "Amending the Management and
Confidential Employee Salary Resolution by establishing salary for
the new position of Golf Operations and Maintenance Manager."
Adopted.
Charles Tillman, 2415 Roosevelt Drive, inquired what salary steps
would be used for the two employees and how much additional money
was involved, if any.
The City Manager responded that Steps 1 through 5 of salary range
would be used and that no additional appropriation would be
required; that it will reduce cost to the golf course; that the
salary is below that of an assistant director.
Councilmember Corica stated that there was no need for a Golf
Maintenance Manager; that the position is not needed and is a waste
of money, that he would vote no on the Golf Course position and yes
for the Recreation Manager.
205
The City Attorney inquired if Councilmember Corica wanted the
resolution split, to which Councilmember Corica replied
affirmatively.
Councilmember Corica made a motion to separate the items and
Councilmember Lucas seconded the motion. The motion was carried by
unanimous voice vote - 5.
Councilmember Monsef made a motion to establish the salary of the
Recreation Manager, Councilmember Lucas seconded the motion and it
was carried by unanimous voice vote - 5.
Councilmember Monsef made a motion to establish the salary of the
Golf Operations and Maintenance Manager and Councilmember Lucas
seconded the motion. The motion was carried by the following voice
vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President
Diament - 4. Noes: Councilmember Corica - 1. Absent: None.
86 -508 Resolution No. 11002 "Appropriating all unallocated revenues
and unanticipated revenues for fiscal year 1985 -86 as a reserve for
working capital." Adopted.
Charles Tillman, 2415 Roosevelt Drive, commented on the difference
between the projected revenue and the revenue figure at this time,
and asked if the revenues would go into the General Fund to which
the City Manager replied that it would, and noted also, that on
$23,000.000.00 budget, being 3 percent off on projection was a very
small margin compared to most entities.
Fred Scullin, 1120 Chestnut Street, remarked that the budget was a
good estimate; that it is a prudent practice to underestimate
rather than overestimate revenue; and asked if the Gann initiative
requiring the establishing of appropriations limit is an amendment,
to which the City Manager stated that it does not amend the limit.
Councilmember Hanna made a motion to adopt the resolution.
Councilmember Corica seconded the motion and it was carried by
unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
86 -509 Ordinance No. , N.S. "Authorizing execution of a Lease
with the Department of the Army for a portion of the U.S. Tidal
Canal property." Adopted.
William Kirkland, 2000 Santa Clara Avenue, commented in favor of the
ordinance; gave some of the background of the Canal; and added he
wanted to find source of money for Library construction.
Councilmember Hanna made a motion to introduce the ordinance,
Councilmember Monsef seconded the motion, and it was carried by
unanimous voice vote - 5.
206
86 -510 Ordinance No. N.S. "Amending the Alameda Municipal
Code by amending various sections of Chapter 1 of Title XI thereof
relating to regulations for R -3 through R -6 zones, and
non - conforming uses."
The ordinance is being held over for consideration with related
hearing [86-504].
FINAL PASSAGE OF ORDINANCE
86 -511 Ordinance No. 2302, N.S. "Amending the Alameda Municipal
Code by amending Section 17 -551 thereof to prohibit the use of Buena
Vista Avenue, from Grand Street to Park Street, by certain vehicles
between the hours of 10:00 p.m. and 6:00 a.m.41 Adopted.
Peter Ekstein, 2111 Buena Vista Avenue, suggested that perhaps the
installation of stop signs, diverters and barricades might be an
inexpensive solution to the truck traffic problems.
Andre Reynier, 2251 Buena Vista Avenue, commented on routes of
trucks entering Alameda, noted that trains do not run often, and
suggested no- parking signs on Clement to alleviate the problems for
truckers.
Jack Albers, 2015 Buena Vista Avenue, commented that the truck
speeding is getting worse, that there are a lot of good companies in
the area, but something should be done about the speeding trucks.
Dorothy Madsen, 2226 1/2 Buena Vista Avenue, urged Council to place
the ban so that the residents could get some sleep at night.
James Gilchrist, 2109 Buena Vista Avenue, asked clarification of the
wording "certain vehicles ", to which the City Manager replied that
it is specific in the ordinance. Mr. Gilchrist then compared the
widths of the two streets noting that Clement is 6 feet narrower and
suggested parking be banned on one side of Clement.
President Diament noted that three members of Council went to the
area to see the problems and on Saturday morning one Councilmember
went to review the staff demonstrations; that no- parking signs must
be considered for Clement; that turns were very close and the
narrowness of the area almost caused sidemirrors to be hit.
Councilmember Lucas commented that the tight situation is caused by
both the train and trucks parked on the side of the street.
Councilmember Corica stated that parking violations should be
enforced and towing service used when necessary.
President Diament commented that there should be no- parking signs
and red curbs.
Councilmember Hanna stated that the no- parking -at -night ban should
be enforced.
207
Councilmember Hanna made a motion for passage of the ordinance.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
UNFINISHED BUSINESS
86 -512 The City Attorney raised a question of whether or not the
ballot analyses as presented to the County may be approved as filed
with the County.
Councilmember Hanna made a motion to approve ballot analyses of
Measure A (County: F) and Measure B (County: G) filed by the City
Attorney. Councilmember Lucas seconded the motion and it was
carried by the following voice vote: Ayes: Councilmembers Hanna,
Lucas, Monsef and President Diament - 4. Noes:
Councilmember Corica - 1. Absent: None:
NEW BUSINESS
86 -513 Consideration of an appointment to the Rent Review Advisory
Committee.
President Diament nominated Jane Ward - Powers to the Rent Review
Advisory Committee. Councilmember Monsef seconded and Council, by
consensus confirmed the appointment.
86 -514 Councilmember Monsef requested Council's direction on what
his position should be regarding the South Africa divestment matter
at the meeting he will be attending August 20 of the East Bay
Division of the League of California Cities. Council directed
Councilmember Monsef to abstain from voting.
ADJOURNMENT
President Diament adjourned the meeting at 10:50 p.m.
Respectfully submitted,
Diane B. Felsch,
City Clerk