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1985-05-21 Regular CC Minutes4 6 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MAY 21, 1985 The meeting convened at 7:37 p.m. (following meetings of the Community Improvement Commission and Industrial Development Authority) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Hanna. Father James Sloan, St. Barnabas Catholic Church, gave the Invocation. ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Councilmember Monsef moved for approval of the minutes of the regular Council meet- ing of May 7, 1985, as submitted. The motion was seconded by Councilmember Gorman and carried by unanimous voice vote - 5, Outgoing Councilmember Gorman expressed appreciation to City staff and acknowledged the many accomplishments that have taken place in the City even with reduced revenue resulting from Proposition 13. Appreciation was also voiced to community members and his family. Councilmember Gorman stated it had been a pleasure to serve as City Councilmember for the past four years. President Diament presented Councilmember Gorman with a bronze replica of the City seal. Councilmember Hanna offered appreciation to Councilmember Gorman for his contributions. President Diament expressed appreciation for the efforts of outgoing Treasurer Lawrence Stickney who was unable to be present at this meeting. Council recessed briefly at this time. REORGANIZATION OF COUNCIL 85 -283 Installation of newly elected City officials. The City Clerk administered the Oath of Office to the following: Auditor Robert Lofstrand Treasurer Lewis Hurwitz Councilmember Chuck Corica Councilmember Hadi Monsef. Newly elected officials offered words of appreciation to their supporters and family members. President Diament convened the meeting. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. May 21, 1985 497 85 -284 Consideration of appointment of Vice Mayor. President Diament opened nominations for the office of Vice Mayor. Councilmember Hanna nominated Councilmember Monsef, and the motion was seconded by Councilmember Lucas. The motion carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Vice Mayor Monsef. CONSENT CALENDAR Councilmember Hanna moved for adoption of the Consent Calendar, and the motion was seconded by Councilmember Lucas. The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *85 -285 From Director of Recreation and Parks recommending preparation of a R.F.P. to lease a portion of the Encinal Boat Ramp parking lot to a private operator for dry boat storage. Approved. *85 -286 From Finance Director on City's Investment Portfolio as of April 30, 1985. Approved. *85 -287 From Public Works Director recommending acceptance of work by P & F Construction for realignment and reconstruction of Eighth Street and Central Avenue, P.W. No. 10- 82 -18. Approved. *85 -288 From Public Works Director recommending acceptance of work by 0. C. Jones & Sons for reconstruction of Eighth Street, Central Avenue to Portola Avenue, P.W. No. 9- 84 -23. Approved. *85 -289 From Public Works Director recommending acceptance of work by Monterey Mechanical Company for Willow Street /Franciscan Way Sanitary Pump Station and Force Main, P.W. No. 9- 84 -24. Approved. RESOLUTIONS *85 -290 Resolution No. 10610 "Calling for bids for legal advertising for the City of Alameda for the fiscal year 1985 -86." Adopted. *85 -291 Resolution No. 10611 "Adopting plans and specifications and calling for bids for repair and resurfacing of certain streets, Phase 5, P.W. No. 2- 85 -5." Adopted. *85 -292 Resolution No. 10612 "Authorizing a professional service agreement with Hellenbeck and Associates for Dynamic Consolidation Testing for Harbor Bay Parkway, Phase 3." Adopted. *85 -293 Resolution No. 10613 "Adopting plans and specifications and calling for bids for Mechanical Systems Maintenance in the Police Administration Building for Fiscal Year 1985 -86, P.W. No. 4- 85 -14." Adopted. *85 -294 Resolution No. 10614 "Adopting plans and specifications and calling for bids for minor street patching with asphalt concrete, P.W. No. 4 -85- 11, and installation of house laterals, P.W. No. 4 -85 -13 for fiscal year 1985 -86." Adopted. May 21, 1985 49 8 WRITTEN COMMUNICATIONS 85 -295 From Fred Scullin, 1120 Chestnut Street, regarding Parcel Maps 4497 and 4507. The Planning Director explained that as in the case of Harbor Bay Business Park, there are often multiple Final Maps. Dedication of land for public purposes usually occurs at the time the final subdivision map encompassing the area is adopted. It is anticipated that additional Final Maps will be forthcoming, and the park site will be dedicated at a future date. The park is the subject of a written agreement between BCDC and Harbor Bay Isle Associates. There appears to be no concern on the part of BCDC, who anticipates the dedication of park land as planned. According to the Planning Director, nothing unusual has transpired in this project. Councilmember Lucas moved for acceptance of the communication, and the motion was seconded by Councilmember Monsef, and carried by unanimous voice vote - 5. President Diament stated the following agenda items would be taken out of order at this time: RESOLUTIONS 85 -296 Resolution No. 10615 "Commending Michael G. Gorman for his years of service to the City of Alameda as City Councilmember and Planning Board Member." It was moved by Councilmember Monsef, and seconded by Councilmember Hanna, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: None. Abstained: Councilmember Corica - 1. 85 -297 Resolution No. 10616 "Commending Lawrence Stickney for his years of service to the City of Alameda as City Treasurer and Civil Service Board Member." Councilmember Corica commended Mr. Stickney for his diligent efforts and the manner in which he has fulfilled his duties as Treasurer. President Diament also noted that Mrs. Stickney has offered her services as a volunteer to the City and expressed appreciation for her assistance. Councilmembers also thanked Auditor Robert Lofstrand for the assistance he has provided Mr. Stickney. It was moved by Councilmember Corica, seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the following vote: Ayes: Council - members Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -298 Resolution No. 10617 "Appointing Janice Grumman a member of the Historical Advisory Commission." Councilmember Lucas moved for adoption of the resolution, and the motion was seconded by Councilmember Monsef. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. The City Clerk administered the Oath of Office to Ms. Grumman. May 21, 1985 IV V HEARINGS 85 -299 A hearing regarding a Zoning Ordinance Text Amendment, ZA -85 -2, to amend the Zoning Ordinance Design Review Procedures to remove the requirement for ten -day notice that an application for Design Review has been filed. Applicant: City of Alameda. (Continued from May 7, 1985.) The Planning Director reported that the Planning Board recommended that Council introduce the proposed ordinance to streamline and expedite the design review application process. Councilmember Corica expressed concerns that the notification period would be shortened from ten days to three days, and individual notification would be pro- vided only to those residents within 100 feet of the proposed project. President Diament declared the hearing open. On the call for proponents, there were no speakers. On the call for opponents, the following speakers expressed opposition to the pro- posed text amendment: Ian Keye, 1915 Schiller Street; Wayne Coughlin, 1929 Schiller Street; Ronald Hamlin, 2849 Lincoln Avenue; John Barni, Sr., 1380 East Shore Drive. President Diament declared the hearing closed. Councilmember Hanna moved that Council take the related proposed ordinance (Agenda Item No. 22) out of order and to replace the requirement for three -day notification with ten -day notification; however, the motion was not seconded. Councilmember Lucas suggested that if the proposed ordinance were not introduced at this time, staff should draft an ordinance that would apply only to minor design review applications. Councilmember Corica commented that notification to residents should be increased rather than decreased, and he suggested that the ordinance should be amended to expand notification requirements. Councilmember Hanna referred to the issue of reducing government costs. He noted that the Planning Department staff has been reduced and lacks needed time to per- form other, more critical assignments. Councilmember Monsef moved that no changes be made to Section 11 -222 of the Zoning Ordinance, and Councilmember Corica seconded the motion. Councilmember Lucas noted that if no action is taken on the proposed amendment, the present Ordinance would remain in effect. The City Manager confirmed that no action would leave the Zoning Ordinance as it is presently written. Councilmember Corica offered to make a substitute motion, and Councilmember Monsef withdrew his motion. May 21, 1985 50 Councilmember Corica moved that the existing Ordinance be amended to expand notifi- cation from a 100 -foot area to a 300 -foot radius and maintain the ten -day notice requirement. Councilmember Monsef seconded the motion, and the motion carried by unanimous voice vote - 5. Councilmember Hanna inquired if the proposed ordinance would be taken out of order at this time, and President Diament so ordered. Councilmember Lucas commented that consistency in the Zoning Ordinance should be maintained, and she requested clarification regarding present notification require- ments. The Planning Director explained that the Zoning Ordinance currently requires notification of residents within 100 feet of the property frontage, with the excep- tion of rezoning which requires a 300- foot - radius notification. Councilmember Lucas stated that if the Ordinance were to be expanded to enlarge the area of notification, she believed it should be made consistent for all issues, i.e., variances, use permits, etc. She objected to elevating the design review applications to a seemingly higher importance by assigning a greater notification requirement. The Planning Director indicated that it would be necessary for the Planning Board to consider the matter of expanding notification for all applications since they had held no hearings on that issue. The Planning Director stated that it was his understanding of Councilmember Corica's motion that only the distance for notification would be changed to 300 feet, and the remainder of the existing Ordinance (including the ten -day notification require- ment) would remain intact. Councilmember Lucas stated that if Council decided to require the 300 -foot notifi- cation, it should apply to variances and use permits as well. She suggested an ordinance be proposed to expand the notification to 300 feet generally and that the matter be referred to the Planning Board. The Planning Director clarified that the Design Review Ordinance requires notifica- tion along the street frontage where the subject property is located; it does not require notification for the properties in all directions. Notices for use permits, variances, and rezonings, however, are required in all directions. President Diament commented that she believed notification of properties within 100 feet of design review applications provides notification to those who are the most concerned. Following the additional Council discussion and clarification offered by the Planning Director, Council again considered Councilmember Corica's earlier motion to expand the notification requirements to include a 300 -foot radius. The motion failed by the following roll call vote: Ayes: Councilmembers Corica and Monsef - 2. Noes: Councilmembers Hanna, Lucas and President Diament - 3. Absent: None. Councilmember Hanna moved that Council take the applicable ordinance out of order, with the ten -day notice requirement. Councilmember Lucas stated she would second taking the ordinance out of order only. The motion to consider the ordinance at this time carried by the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. May 21, 1985 501 INTRODUCTION OF ORDINANCES 85-300 "Amending the Alameda Municipal Code by amending Section 11-222 of Article 2, Chapter 2, Title XI, to modify the requirements for notice that appli- cation for Design Review has been filed." Councilmember Hanna moved that the ordinance be introduced with a ten-day advertis- ing requirement. The motion failed for lack of a second. The City Manager noted that lack of action causes the Ordinance to remain as it presently exists. (Council recessed briefly at this time. HEARINGS 85-301 A hearing regarding a Zoning Ordinance Text Amendment, ZA-85-4, to amend the Zoning Ordinance to allow regulation of satellite dish antennas. Applicant: City of Alameda. (Continued from May 7, 1985.) President Diament declared the public hearing open. On the call for proponents, there were no speakers. On the call for opponents, Fred Scullin, 1120 Chestnut Street, spoke in opposition to the proposed ordinance. The public hearing was closed. Councilmember Lucas stated that the use permit process would provide an opportunity for input from neighbors, and she supported the Planning Board's recommendation for the proposed ordinance. President Diament and Councilmembers Hanna and Monsef concurred with Councilmember Lucas' comments. President Diament commented that the ordinance would not preclude use of satellite dish antennas but would protect neighborhoods from potential unsightliness. Councilmember Lucas moved that Council take the related ordinance (Agenda Item No. 23) out of order. Councilmember Monsef seconded the motion, which carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 85-302 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." Councilmember Lucas moved for introduction of the ordinance, and Councilmember Monsef seconded the motion. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. HEARINGS 85-3D3 A hearing regarding street improvements on Hibbard Street north of Buena Vista Avenue, and on Eagle Avenue from Grand Street to Hibbard Street. This hearing was continued to June 4, 1985, May 21, 1985 502 REPORTS AND RECOMMENDATIONS 85 -304 From Chairman of the Historical Advisory Commission regarding the pending Library Board's Study of alternative sites for the Main Library. David 0. Plummer, 1401 High Street, Chairman of the Historical Advisory Commission (HAC), requested that the HAC be given the opportunity to review and report to the City Council on the Library Board's pending study of alternative site locations for the Main Library prior to any action by the Council concerning recommendations in the Study. Mr. Plummer referred to the HAC's responsibilities which include investigation of special aesthetics of historical value and making recommendations which are necessary to preserve historical sites and the cultural heritage of the City. He stated that consideration of an addi- tion to the Hain Library would be an issue that involves the HAC. Councilmember Corica questioned the appropriateness of HAC's involvement in reviewing any proposed alternative sites for the Library. He believed this may be overstepping the HAC's function and interfering with the Library Board's function. Mr. Plummer clarified that one of the alternatives is the existing site, which has historical significance. Dorothy Larzelere, representing the Library Board, explained that a consultant is being retained for the Study, and all aspects of relocation and rehabilitation /annexation in connection with the existing Library site will be explored in the Study. She stated that when the report is made available to Council for review, that would appear to be the appropriate time for a full and open discussion of the findings. Councilmember Lucas moved for approval of the HAC's recommendation that they be provided with an opportunity to review the report. Councilmember Monsef seconded the motion. President Diament indicated she would be in favor of the HAC reviewing the study and making a recommendation as concerns the existing Library site, but not for alternative sites. Councilmembers Lucas and Monsef amended their motion accordingly, and the motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament- 4. Noes: Councilmember Corica.- 1. Absent: None. 85 -305 From Chairman of the Historical Advisory Commission concerning City tree preser- vation and maintenance. This item was continued to June 4, 1985, at the request of the HAC. 85 -306 From Rent Review Advisory Committee commending the landlord at 725 Central Avenue. President Diament commented that this was an example of a landlord's willingness to cooperate in improving the community. Councilmember Hanna moved for acceptance of the report, and Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Councilmember Lucas added that she would also like to commend the landlord at 615 Central Avenue for upgrading his building in an outstanding manner. She stated that the upgrad- ing of these two buildings is a real asset to this area. May 21, 1985 503 RESOLUTIONS 85 -307 Resolution No. 10618 "Adopting the week of June 24, 1985, as Chamber of Commerce Week in the City of Alameda." (Placed on the agenda at the request of President Diament.) Councilmember Monsef moved for adoption of the resolution, seconded by Councilmember Lucas, and the motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -308 "Overruling objections to notice to install street improvements in Hibbard Street, north of Buena Vista Avenue, and on Eagle Avenue from Grand Street to Hibbard Street, and authorizing Superintendent of Streets to cause said work to be performed." This item was continued to June 4, 1985. 85 -309 Resolution No. 10619 "Authorizing open market purchase of a Modular Ambulance for the Fire Department." It was moved by Councilmember Hanna, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the following vote: Ayes: Council - members Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. Councilmember Hanna remarked that the Fire Department handles a significant number of emergency and ambulance calls daily. 85 -310 Resolution No. 10620 "Preliminary approval of Engineer's Report, City of Alameda Island Landscaping and Lighting District 84 -2, Fiscal Year 1985 -86." Pamela MacKenzie, 11292 Pearl Street, representing the Park Street Business Associ- ation, urged that Council approve this resolution with the exception that an expense item for streetscape improvement of $30,817 be put aside to be used next year with Community Development Block Grant funds for capital improvements. She stated it was her organization's understanding that those monies were left over and could be utilized for this purpose. The City Manager confirmed that there is a carry -over at the present time and there are sufficient funds to fund the request. He noted that the next year's assessment would remain at zero. In response to Councilmember Hanna's inquiry, the City Manager confirmed that there would be no necessity to change the wording of the proposed resolution. Councilmember Corica noted that Harbor Say is designated as responsible for one -third of the off -site landscape maintenance cost, and he stated he was hesitant to pass the resolution until a commitment for the funds is received from Port of Oakland. The Public Works Director explained that the Port of Oakland was meeting on the matter this evening and is expected to approve contribution to the District. There will be a hearing before the City Council on June 4 at which time the agreement will be confirmed or denied. The City Manager added that the action at this time was a preliminary step in the annexation process. The final assessments, he noted, would not be determined until June 4, at which time it will also be known whether or not the Port Authority has approved City staff's recommendation. Diane Coler -Dark, 1528 Park Street, also representing the Park Street Business Association, reiterated Ms. MacKenzie's request, urging that the funds be added to surplus Block Grant funds. May 21, 1985 ��� �& ��� � Councilmember Monsef moved for approval of the resolution, and the motion was seconded by Councilmember Lucas. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-31I Resolution No. 1062I "Resolution of Intention to order the levy and collection of assessments pursuant to the Landscaping and Lighting Act of I972, City of Alameda Island Landscaping and Lighting District 84-2, Fiscal Year 1985- 86 Councilmember Hanna moved for adoption of the resolution, and the motion was seconded by Councilmember Monsef, and carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-312 Resolution No. 10622 "Resolution of preliminary approval of Engineer's Report, City of Alameda Island Landscaping and Lighting District 84-2, Annexation No. 1985-1. v Councilmember Hanna moved for adoption of the resolution. Councilmember Monsef seconded the motion, which carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-313 Resolution No. 10623 "Resolution of Intention to order the annexation Of territory to an existing Assessment District and the levy and collection of assessments within said territory pursuant to the Landscaping and Lighting Act of 1972, City of Alameda Island Landscaping and Lighting District 84-2." It was moved by Councilmember Lucas, and seconded by Councilmember Monsef, that the resolution be adopted. Motion carried as follows: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-314 Resolution No. 10624 "Authorizing Public Works Director to purchase pump equipment for the Alameda Municipal Golf Course Storm Pump Station in the open market, pursuant to Section 3-15 of the City Charter." Charles Tillman, 2415 Roosevelt Drive, expressed concern regarding the financing of this project. Citv staff explained the necessity for proceeding with this project. In response to Mr. Tillman's concerns regarding use of proceeds from sale of property for the Golf Course, the City Manager stated this remains an open question to be considered by Council in conjunction with upcoming annual capital improvement budget review. Ted Holmes, 328 Magnolia Drive, representing the Golf Commission, spoke in support of proceeding with the purchase immediately. It was moved bv Councilmember Hanna, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried with the following vote: Ayes: Council- members Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. May 21, 1985 505 FINAL PASSAGE OF ORDINANCES 85 -315 Ordinance No. 2240, N.S. "Amending the Alameda Municipal Code by adding Article 7 to Chapter 3 of Title II thereof, establishing a Cable Television Over- sight Committee and prescribing membership and duties of said Committee." Councilmember Monsef moved for final adoption of the Ordinance, and Councilmember Lucas seconded the motion, which carried by the following vote: Ayes: Council - members Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. NEW BUSINESS 85 -316 Councilmember Corica made a reference to a sign on Doolittle Drive, on Bayfarm Island within the City of Alameda, which directs motorists to the left to "Alameda ". Councilmember Corica stated the sign is inappropriate and should be changed to read "Main Island of Alameda" or similar designation. The Public Works Director explained that the sign was posted by Cal Trans. He stated he would notify them for corrective action. ORAL COMMUNICATIONS, GENERAL 85 -317 canaries Tillman, 2415 Roosevelt Drive, inquired as to the procedure for upgrading a civil service position in the City. He was concerned that an equipment operator's position at the Golf Course may have been upgraded and filled by a lead irrigation person. The City Manager explained that creation of positions is the strict authority of the Council. Reclassification and /or retitling may be accomplished by the Civil Service Board. The Manager did not believe the Golf Course position in question has been filled; in fact, he stated it is being recommended for elimination from the budget. The City Manager stated he would confirm this information and report back to Council. Mr. Tillman also inquired as to the availability of an "overlay" the Public Works Director was to have been preparing for display to Council to depict Golf Course acreage. The Public Works Director stated that he had displayed this overlay at a previous Council meeting. Mr. Tillman expressed disappointment that he had not been advised accordingly. The Public Works Director indicated that he had expected Mr. Tillman to be present at the meeting when the overlay was displayed. Mr. Tillman further inquired in regard to the time schedule for the fiscal 1985 -86 budget. The City Manager explained that prior to Proposition 13, proposed budgets were prepared to reflect estimated property tax revenue; however, subsequently, the Charter has been amended and does not require a specific date for passage of a final budget. He noted that it is anticipated the proposed budget will be sent to Council this week, and work sessions and hearings will be planned for June depending upon the wishes of Council. It is hoped that the final budget will be adopted at the end of June. In the event labor negotiations result in higher costs or there are changes in revenues, the budget will be brought back to Council May 21, 1985 at mid -year for appropriate budget adjustments. It has been recent practice to consolidate budget amendments into one action so that Council can be provided the opportunity to review the totals at mid -year and again at fiscal year -end. Mr. Tillman complained that audited figures by department are not made available. ADJOURNMENT President Diament adjourned the meeting at 10:15 p.m. Respectfully submitted, Diane B. Felsch City Clerk May 21, 1985