1986-09-02 Regular CC Minutes210
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD SEPTEMBER 2, 1986
At the end of the Pre - council Meeting, President Diament called an
Executive Session to order to consider the Workers' Compensation
Claim of James F. Johnson.
The meeting convened at 7:50 p.m. (at the conclusion of the Housing
Authority Meeting, with President Diament presiding. The Pledge of
Allegiance was led by Councilmember Hanna. Reverend Robert Keller
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
meeting of August 11, 1986. Councilmember Monsef seconded the
motion and it was carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilmember Lucas moved for adoption of the Consent Calendar and
Councilmember Hanna seconded the motion. It was carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
86 -517 From City Manager regarding status of Annual Report.
Accepted.
86 -518 From Public Works Director and Fire Chief on status of
State - mandated Fire Safety and Exit Program, Title 24, Article 7, of
California Administrative Code. Accepted.
RESOLUTIONS
86 -519 Resolution No. 11005 "Authorizing open market purchase of
Golf Course Equipment." Adopted.
211
FINAL PASSAGE OF ORDINANCES
86-520 Ordinance No. 2303 N.S. "Authorizing execution of a Lease
with the Department of the Army for a portion of the U.S. Tidal
Canal property." Adopted.
BILLS
86-521 A List of Claims, certified by the City Manager as correct,
was approved in the amount of $724,079.67.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
86-522 From Dorothy Madsen, 2226 1/2 Buena Vista Avenue, regarding
the order in which speakers address Council.
Mrs. Madsen, for the benefit of the public, read her letter stating
an opinion that proponents are at a disadvantage in speaking first
and that, if the order of speaking is maintained, perhaps rebuttals
could be allowed.
Councilmember Lucas commented that the Council, in its informal
procedure, when someone wants very much to speak again, they are
usually allowed to by consensus of Council.
Councilmember Lucas made a motion to accept the communication and
Councilmember Monsef seconded. The motion was carried by unanimous
voice vote - 5.
86-523 From Fred Scullin, 1120 Chestnut Street, concerning minutes
of Planning Board hearings.
Mr. Scullin submitted to Council a list of Planning Board meetings
and the gaps between Planning Board meetings and approval of the
minutes.
The City Manager commented there have been personnel changes and it
is expected that the problem with the minutes will be cleared up
very soon.
Councilmember Corica made a motion to accept the communication.
Councilmember Lucas seconded the motion and it was carried by
unanimous voice vote - 5.
212
86-524 From Clarence 0. Weedin, 420-F Whitehall Road, regarding
bicyclists.
President Diament noted that there have been many similar
complaints; that the path is heavily used and some regulations need
to be set forth by the Park District; that some complaints refer to
no warning by bicyclists and although there is a City ordinance
requiring bells, the Park District would need to follow through on
enforcement.
The City Manager commented that he would pursue the matter of
enforcement with the Park District.
Councilmember Hanna noted that there are many bicycles on pathway;
that bicycles should be licensed and have the required warning
devises; and that perhaps bicycle speed limits might help.
President Diament noted that there have been accidents on the Bay
Farm Island bridge where bicyclists are supposed to walk and there
should be enforcement.
Councilmember Lucas commented that bicyclists must yield to the
pedestrians and asked if that could be posted along the beach.
The City Manager stated he would follow through on that.
Councilmember Hanna made a motion to accept the written
communication and a written response be given to Mr. Weeden of
results. Councilmember Monsef seconded the motion and it was
carried by unanimous voice vote - 5.
HEARINGS
86-525 Consideration of proposed Exception to Section 11-3118.1 of
the Subdivison Ordinance, which requires undergrounding of utilities
for the property located at 638-642 Haight Avenue. Applicant: John
Barni, Jr.
The Planning Director explained the background of the matter.
Councilmember Lucas asked clarification of the undergrounding, to
which the Planning Director replied that undergrounding to the new
structure would require an inordinate amount of work and it would
appear proper to wait until undergrounding was required in the
general area.
The public portion of the hearing was opened.
On the call for proponents, the following spoke:
John Barni Jr., 875 Island Drive.
213
On the call for opponents, there were none.
The public portion of the hearing was closed.
Councilmember Corica commented that in years past there have been
similar situations with new houses in old neighborhoods and it was
felt that it did not seem fair to require undergrounding for two
buildings in a block that is without undergrounding.
Councilmember Hanna agreed and moved Exception be granted.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
86-526 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;
add a section pertaining to non-conforming uses; add a section
pertaining to Housing Authority site; and add a section pertaining
to the temporal application of the ordinance. Applicant: City of
Alameda. (This matter was held over from Council meeting of August
19, 1986.)
The Planning Director explained the matter under discussion.
Councilmember Corica requested a definition of boarding houses, to
which the Planning Director replied that a boarding house provides
sleeping rooms for individuals and typically requires communal
dining room.
Councilmember Hanna requested clarification with regard to Section
11-14a7, with reference to yard requirements, to which the Planning
Director replied this would require residential setback on
residential property in commercial areas.
Councilmember Lucas asked clarification of her understanding that
the ordinance did not apply to commercial or manufacturing, except
for the portion on yards, and that both Ordinances under
consideration were the same except for the last paragraph, to which
the Planning Director replied affirmatively.
The Planning Director commented that approval of the draft creates a
brand new district that would be a combination of residential and
administrative offices, and that district would require application
of public hearings before Planning Board and Council.
Councilmember Lucas stated that Section 11 of draft ordinance A
needed clarification.
The City Attorney suggested deletion of the word "these" from
Section 11.
214
Councilmember Lucas stated she believed Section 11-1311a should be
"uses requiring a use permit" rather than "uses required."
The public portion of the hearing was opened.
On the call for proponents, there were none.
On the call for opponents, the following spoke.
Fred Scullin, 1120 Chestnut Street, stated he was not an opponent,
and commented that he believed this was an attempt to circumvent
Measure A by including the R-5 zoning.
Councilmember Corica stated that if the ordinances are passed, it
will be only with the condition that the Pope Street site be
eliminated from the rest of the zoning and be used only for senior
citizen housing, that if it is not used for senior citizens, it will
revert back to ordinance zoning requirements for the area, and that
the entire Council has thoroughly discussed the matter and agrees.
John Barni, Jr., 875 Island Drive, commented that he thought the
City should do a zoning map of the entire City.
The public portion of the hearing was closed.
Councilmember Lucas stated she does not agree with Fred Scullin on
R-5 zoning but does believe that the ordinances should be reviewed
by the Planning Board and doesn't believe the draft ordinances are
well written.
Councilmember Lucas made a motion that the ordinances be referred
over to the Planning Board.
Councilmember Corica stated he believed the Planning Board should be
told that the Council feels strongly about the Pope Street site, and
that the R-5 zoning should be for a senior citizen's site only.
Councilmember Lucas agreed and amended the motion to include the
Pope Street site for senior citizen housing, and Councilmember
Corica seconded the motion.
President Diament stated that, with regard to the offices, it
appears to be an attempt to grandfather in what is there and she
will therefore be voting against the motion.
Councilmember Monsef commented he would support it because he would
like the Planning Board to review the matter and report back to
Council.
Councilmember Corica seconded the motion and it was carried by the
following voice vote: Ayes: Councilmembers Corica, Hanna, Lucas
and Monsef - 4. Noes: President Diament - 1. Absent: None.
215
86-527 Hearing regarding resolution of necessity authorizing the
acquisition of certain property for the construction of Patton Way
(Phase III)
The Public Works Director explained the hearing matter.
Councilmember Hanna inquired if the long narrow strips were bus
turnouts to which the Public Works Director answered affirmatively.
The public portion of the hearing was opened.
On the call for proponents, there were none.
On the call for opponents, there were none.
The public portion of the hearing was closed.
Councilmember Hanna made a motion to take the related resolution out
of order. Councilmember Monsef seconded the motion and it was
carried by unanimous voice vote - 5.
RESOLUTIONS
86-528 Resolution No. 11006 "Resolution of necessity authorizing the
acquistion of certain property for the construction of Patton Way
(Phase III) and finding that public interest and necessity require
the proposed project, that the location thereof causes the least
private injury, and that the subject property is necessary for the
proposed project." Adopted.
Councilmember Hanna made a motion to adopt the resolution.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
86-529 From City Manager concerning procedure for consideration of
non-agendized items.
Charles Tillman, 2415 Roosevelt Drive, inquired about whether or not
the bill in the Assembly strengthening the Brown Act had been
signed, to which the City Manager replied it had been signed by the
Governor and would become effective January 1, 1987.
Councilmember Corica noted it was signed on August 29, 1986.
Mr. Tillman suggested that the City get a copy of bill 2173
regarding litigation and see how it would affect the City in regard
to proposed litigation, and asked if Florida legislation, similar to
216
the Brown Act, could be obtained. He further asked that citizens be
furnished with support material as supplied to Council so that
appropriate decisions could be made by the public.
Councilmember Corica stated he was happy to see the bill passed
which would require City government to provide agendas 72 hours in
advance, and allow no one to be able to place items on an agenda on
short notice except in emergency.
President Diament commented that she appreciated the statement but
added she would like to see the State and Federal Government live by
the rules they impose on local governments.
President Diament noted the recommendation was to direct the City
Attorney to draft language which would amend the Alameda Municipal
Code to require items to be agendized before final consideration by
the Council.
Councilmember Hanna made a motion to accept the recommendation,
Councilmember Monsef seconded the motion, and it was carried by
unanimous voice vote - 5.
RESOLUTIONS
86-530 Resolution No. 11006 "Authorizing an amendment to the Fiscal
Year 1986-87 Statement of Community Development Objectives and
Projected Use of Funds and authorizing execution of Agreements with
the Department of Housing and Urban Development and with Affected
Subgrantees." Adopted
Councilmember Hanna made a motion to adopt the resolution.
The resolution failed for lack of a second.
INTRODUCTION OF ORDINANCE
86-531 Ordinance No. N.S. "Amending the Alameda Municipal
Code to provide for installation of an all-stop at the intersection
of Park Street and Shore Line Drive." Introduced.
Councilmember Monsef made a motion to introduce the ordinance. The
motion was seconded by Councilmember Corica and carried by unanimous
voice vote - 5.
86-532 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." (Referred to the Planning Board for review.)
217
UNFINISHED BUSINESS
86-533 Councilmember Hanna suggested that serious thought be given
to a household toxic waste disposal program next year in connection
with the spring cleanup program, and recommended that a public
education program be developed.
NEW BUSINESS
86-534 Consideration of an appointment to the Golf Commission
two appointments to the Recreation Commission.
President Diament announced that the nominations will be held over
until next Council meeting.
86-535 Councilmember Corica expressed concern regarding
problems at the development (Heritage) abutting Oleander pr
Councilmember Hanna commented that the City might wish to
guidelines, and that new developments should strive for 6'
and
drainage
operties.
consider
fences.
ORAL COMMUNICATIONS, GENERAL
86-536 Fred Scullin, 1120 Chestnut Street, inquired about the
conversion of property, formerly a mortuary, located in the 1400
block of High Street.
The Planning Director responded that the property is being converted
into a Montessori school.
ADJOURNMENT
President Diament adjourned the meeting to Executive session to
consider the case of Smitheram v. City of Alameda.
Respectfully submitted,
Cit Clerk