1985-08-06 Regular CC Minutes552
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY AUGUST 6, 1985
The meeting convened at 7:44 p.m. (at the conclusion of the Housing
Authority meeting) with President Diament presiding. The Pledge of
Allegiance was led by Councilmember Lucas.
ROLL CALL: Present:
Absent:
MINUTES
Councilmembers Corica, Hanna, Lucas, Monsef and
President Diament - 5.
None.
Councilmember Hanna moved for approval of the minutes of the regular
Council meetings of July 2 and July 16, 1985, as submitted. The
motion was seconded by Councilmember Monsef and carried by unanimous
voice vote - 5. It was moved by Councilmember Lucas that the minutes
of the special Council meeting of July 23, 1985, be approved as
submitted. Councilmember Hanna seconded the motion, which carried by
unanimous voice vote - 5.
CONSENT CALENDAR
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
*85 -453 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. Approved.
*85 -454 From Public Works Director regarding status of Patton Way.
Approved.
*85 -455 From Public Works Director on status of former disposal
site closure work. Approved.
*85 -456 From Public Works Director recommending acceptance of work
by Dawson & J.R.'s Construction for Pease Avenue street improvements,
P.W. No. 1 -85 -1. Approved.
*85 -457 From Public Works Director recommending acceptance of work
by Gallagher & Burk, Inc. for reconstruction and resurfacing of
Municipal Parking Lot "W ", P.W. No. 8- 84 -21. Approved.
August 6, 1985
553
RESOLUTIONS
*85-458 Resolution No. 10694 "Authorizing execution of a
Deferred Compensation Plan Agreement with Great Western Savings."
Adopted.
*85-459 Resolution No. 10695 "Authorizing execution of an amended
Hovermarine Demonstration Agreement with Harbor Bay Isle Associates,
to include standard contract clauses contained in UMTA Circular
.4220.1A." Adopted.
*85-460 Resolution No. 10696 "Authorizing acceptance and
execution of the Federal Government's award of financial assistance
for the Hovermarine Demonstration Project." Adopted.
*85-461 Resolution No. 10697 "Authorizing execution of a
Cooperation Agreement with the United States Department of
Transportation Administration, setting forth terms and conditions of
Federal assistance for the Hovermarine Demonstration Project."
Adopted.
*85-462 Resolution No. 10698 "Authorizing open market purchase
of a compact vehicle for the Fire Department." Adopted.
*85-463 Resolution No. 10699 "Approving Parcel Map No. 4611 for
division of property within Alameda Marina Village, accepting certain
dedicated easements and finding said Parcel Map consistent with City's
General Plan (Alameda Marina Village Associates - subdivider)."
Adopted.
*85-464 Resolution No. 10700 "Authorizing sale of surplus
electrical equipment to Satin American Corporation." Adopted.
INTRODUCTION OF ORDINANCES
*85-465 Ordinance No. , N.S. "Authorizing acquisition of
property from Concord Theatre Co. and Syufy Enterprises." Introduced.
BILLS
*85-466 A List of Claims, certified by the City Manager as
correct, was approved in the amount of $1,653,919.48.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
85-467 From Fred Scullin, 1120 Chestnut Street, regarding Ordinance
No. 1646, N.S., Article 1, Residence Requirements.
President Diament noted that Mr. Scullin was questioning the fact
that the City was not abiding by the residency requirements for
designated employees as set forth in the Municipal Code.
August 6, 1985
554
The City Attorney explained that the State Constitution pre-empts the
City's code and makes the residency requirement unenforceable.
Councilmember Corica commented that City Department Heads should be
encouraged to live in Alameda. The City Manager noted that City
staff members are very active in the community.
Councilmember Lucas stated that Mr. Scullin's concern appears to have
been answered, and she moved that Council accept the communication.
The motion was seconded by Councilmember Monsef, and carried by
unanimous voice vote - 5.
85-468 From Pat McGrath, 1096 Melrose Avenue, pertaining to the
initiation of a City hazardous materials ordinance.
Ms. McGrath reviewed information as submitted and urged that the
Council adopt a local hazardous materials ordinance. It was Ms.
McGrath's opinion that the County could not provide adequate coverage
due to their limited personnel for the program.
Rafat Shahid, representing Alameda County's Hazardous Materials
Program, responded to various inquiries of the Council and described
the County's efforts. He explained that the County works with local
Fire Departments and notifies them of violations.
Councilmember Monsef expressed disagreement with the City Fire
Department's recommendation that the City should continue to be an
integral part of the County's Hazardous/Waste Management Plan rather
than adopt a local plan. He was concerned that the County lacks
adequate resources to handle the program. Councilmember Monsef moved
that City staff be directed to explore the matter further and report
back to Council; however, the motion was not seconded.
Councilmember Hanna moved that Council accept the recommendation of
the Fire Department that the City continue to participate in the
County's program and that the County's plan be monitored and
evaluated as to its effectiveness and control of hazardous materials
within the City of Alameda. Councilmember Corica seconded the
motion, which carried by the following vote: Ayes: Councilmembers
Corica, Hanna, Lucas and President Diament - 4. Noes: Councilmember
Monsef - 1. Absent: None.
85-469 From Clarice Minot, 3022 Gibbons Drive, regarding a Citizens
Tree Advisory Task Force.
Ms. Minot requested that Council consider appointing a Tree Advisory
Task Force to serve in an advisory capacity to the Public Works
Director by preparing a plan for the management and enhancement of
City trees, and to make recommendations to the Council for fund
raising programs to augment the maintenance of trees. She proposed
that the committee would exist for a one-year period only.
Councilmember Corica stated his preference would be for a committee
such as recently formed to review tree-trimming methods and tree
root problems on specific streets.
August 6, 1985
555
Councilmember Lucas noted that issues concerning trees are City wide,
and she believed the entire issue should be addressed by a committee
as suggested by Ms. Minot.
Councilmember Corica indicated a concern that such a committee may
expand and become involved with trees on private property, and he
stated he would be opposed to that idea.
President Diament expressed concern regarding the amount of
financial support that may be required to sustain such a committee.
Councilmember Hanna requested the results of meetings with Bay Street
residents regarding tree-trimming problems. The Public Works Director
reported that a meeting with one representative of Bay Street property
owners north of San Antonio resulted in agreement that the
representative would be contacted prior to commencing trimming and
given advance notice of what would occur. A meeting with
approximately 10 to 12 Bay Street property owners south of San Antonio
resulted in gaining owners' concurrence regarding the removal of one
or two trees with root problems.
David Maxcey, 1330 Bay Street, stated he is satisfied with the manner
in which the Public Works Director has handled the immediate
problems. Mr. Maxcey believed that a committee as proposed by Ms.
Minot may helpful on a City-wide basis.
Councilmember Hanna questioned the need for a committee to consider
City-wide tree problems, and he also questioned that the committee
would be dissolved in one year as proposed. He stated that he was
not necessarily opposed to such a committee, but he suspected the
committee was proposed to avoid costs of maintaining sidewalks on
Gibbons Drive.
Councilmember Lucas moved that a Tree Advisory Task Force as outlined
in Ms. Minot's proposal be appointed. Councilmember Monsef seconded
the motion, and commented that the problem is that there is no City
policy. Councilmember Monsef stated that the City needs input from
home owners and other sources.
President Diament stated that she believed individual committees of
concerned parties in affected areas should first be tried as solutions
to the problems.
The motion for approval of the committee was approved by the following
vote: Ayes: Councilmembers Hanna, Lucas and Monsef - 3. Noes:
Councilmember Corica and President Diament - 2. Absent: None.
President Diament requested that staff report back to Council with
recommendations regarding composition of the committee. She also
suggested that a member of the Historical Advisory Commission serve
on the committee. It was announced that interested candidates for
the committee should submit their names to the Mayor's Office.
August 6, 1985
556
85-470 From William Kane, President, Bayview Estates Homeowners'
Association, opposing establishment of a bike path in the area behind
Bayview Drive properties.
Mr. Kane expressed his concerns regarding East Bay Regional Park
District's bicycle paths and discussed the status of the application
with BCDC for erosion control work. He stated that a crushed granite,
low-density path would probably be acceptable to home owners.
Councilmember Corica requested that the City Manager provide him with
minutes of a meeting held between City staff and Mr. Kane and
information regarding BCDC's plans for the area.
Councilmember Lucas referred to the detrimental effects on the City
from East Bay Regional Park District facilities, and she stated she
opposed extension of the bike path behind Bayview Drive.
Denise Eberhard, 2922 Bayview Drive, stated she is a concerned home
owner who lives on the beach. She referred to the crime and vandalism
in the area and stated it is important to preserve natural areas. She
urged that the City make a real effort to prevent installation of a
paved path.
The City Manager stated that BCDC does have jurisdiction and could
require public access. The City has indicated its position against a
high-density use in this area.
Councilmember Monsef moved that Council accept Mr. Kane's
communication; Councilmember Lucas seconded the motion, which carried
by unanimous voice vote - 5.
APPEALS
85-471 Consideration of Appeal of Planning Board decision to
approve Variance V-85-27. Appellant: Councilmember Chuck Corica.
The City Attorney explained the appeal process, stating that Council
was to hear this matter on the record of the Planning Board. He
stated this appeal was unusual in that the notice of appeal does not
state in what way the Planning Board's findings are not supported by
the record; instead, it simply states that granting the variance is
contrary to Measure A. In the City Attorney's opinion, it would be
difficult to support an appeal based on that process.
Councilmember Corica stated that he intended to proceed properly in
this appeal, and he emphasized that approval of the variance does
violate Measure A. He noted that only four of the seven Planning
Board members were present at the time the variance was approved.
Councilmember Corica reviewed the background information regarding
this application and stated that the additional dwelling unit should
be returned to an addition to the original house as indicated on
building plans. He stated that approval of the variance creates undue
hardship to the citizens of Alameda who voted against multiple units
(Measure A). Councilmember Corica noted if the variance is approved,
it may be necessary to initiate another ballot measure.
August 6, 1985
557
The following individuals spoke in favor of the appeal:
Charles Tillman, 2415 Roosevelt Drive;
Alice A. Challen, M.D., 2601 LaJolla Drive;
Linda I. Pritchard, 3263 San Jose Avenue;
Sal Monaco, 2450 Otis Drive;
David Baker, 939 Taylor;
John Hand, 1617 Gould Court;
Paul Breitkoff, 1823 San Jose Avenue; and
Darlene Banda, 919 Del Mar,
Gregory Silva, Stonehouse & Silva, Attorneys at Law, 512 Westline, No.
204, representing the applicant, Mr. Ramos, reviewed facts which were
presented to the Planning Board, resulting in their granting the
requested variance. Mr. Silva stressed that the City's Zoning
Ordinance provides for the variance procedure which was followed in
this matter. He stated that rejection of the variance would present
unnecessary hardship to the applicant, and he did not believe that
approval of the variance threatens Measure A. He stated that it
appears the applicant's contractor will be allowed to go into default
and no recovery is expected by the applicant due to the other
complaints pending against the contractor. Mr. Silva also pointed
out that the applicant had not personally signed the building plans
but that the contractor had signed the applicant's name.
The following additional speakers voiced opposition to the appeal:
Fred Ramos, 4014 Walnut Street, applicant's brother;
Lindy Ramos, 1710 Grand Street, applicant's sister-in-law; and
Thomas Ramos, 1705 Pacific Avenue, applicant's brother.
President Diament closed the public portion of the appeal.
In response to concerns that had been raised, the City Manager and
Public Works Director explained that City staff had not been
responsible for any negligence in connection with the building plans;
the contractor did not deviate from the approved plans until the
project was near completion. Inspection at that point revealed the
contractor's failure to adhere to the original plans, and this was
what resulted in the variance request when staff intervened.
Councilmembers discussed concerns regarding housing density in the City
and the illegal construction of living units. Council reviewed the
merits of the Planning Board's action and concluded that the finding
of hardship by the Planning Board is not supported by the record.
Councilmember Monsef moved that Council reject the variance approved
by the Planning Board and reverse the Board's decision based upon the
fact that the Board's finding of hardship is not supported by the
record. Councilmember Lucas seconded the motion, which carried by
unanimous voice vote - 5.
The Council recessed briefly at this time.
August 6, 1985
558
85 -472 Consideration of Appeal of Planning Board decision to
approve Planned Development Amendment PDA -85 -2. Appellant: John
Barni, Jr.
The Planning Director summarized information as contained in his
written report concerning this item. The Planning Board approved a
temporary use permit for a five -year period to allow the Harbor
Bay Realty to remain on the site, which is zoned for a church or
community center use.
President Diament opened the public portion of the appeal.
Appellant John Barni, Jr., Shaw & Lunt, 875 Island Drive, recited
background information regarding the establishment of this use on the
site. He objected to the sign for Harbor Bay Realty, noting that it
is the only commercial sign on Island Drive. Mr. Barni stated that
allowing the use in this location is unfair to other real estate
offices which are located in the shopping center and are subjected to
the sign regulations for the shopping center.
The following additional speakers supported Mr. Barni's appeal:
Marie Kane, 92 Steuben Bay, owner, Kane and Associates;
Linda Pritchard, 3263 San Jose Avenue;
Jane Fredrich, 1247 Hawthorne, Shaw & Lunt;
Fred Scullin, 1120 Chestnut Street;
Edward Gustely, 2823 Bayview Drive, First Christian Church;
Reverend Sue Schlagel, 1720 Tregloan Court, First Christian Church;
and
Barbara Thomas, 1118 Paru Street.
Speaking in opposition to the appeal were the following individuals:
Dennis Pagones, representing Harbor Bay Realty, 801 Island Drive,
tated that the community supports the temporary use for a period of
five years. He indicated that the sign conforms with the City's Sign
Ordinance. Mr. Pagones contended that the arguments against the use
were based on business competition, and he stated that there was no
new evidence and that Council should uphold the Planning Board's
decision.
Michael Duca, 301 Holly Oak; President, Baywood Village Homeowners
Association, and Vice President, Community of Harbor Bay Isle.
President Diament closed the public portion of the appeal.
Councilmember Corica offered a motion that the Harbor Bay Realty sign
be removed from the roadway, that the time limit for the temporary
use be reduced from five years to two years without possibility of
extension; and that within the two -year period, any church wishing to
locate there be given first priority.
August 6, 1985
559
President Diament commented that it appeared there was a
greater possibility of a community center being established at this
location. Councilmember Corica stated that he believed first
priority should be given to a church.
President Diament stated that she could agree to a shorter time period
for the temporary use, but she did not concur that the sign should be
removed. Councilmember Lucas indicated a concern with giving first
priority to a church or community center in that Harbor Bay Isle would
control the price of the property.
Councilmember Corica's motion was not seconded. The following motion
was substituted: It was moved by Councilmember Hanna, and seconded
by Councilmember Lucas, that the Planning Board's approval be upheld,
with a change in conditions to limit the temporary use to a two-year,
non-extendable period. The motion carried by unanimous voice vote -
5.
Note: It was moved by Councilmember Hanna, and seconded by
Councilmember Monsef, that the Council meeting be extended to
an indefinite time. The motion carried by unanimous voice
vote - 5.
REPORTS AND RECOMMENDATIONS
From President of the Social Service Human Relations Board
recommending reduction of the size of the Board.
This item was removed from the agenda at the request of the Social
Service Human Relations Board.
85-473 From Chairman of the Historical Advisory Commission
concerning potential grants available for the rehabilitation of the
existing Main Library planning alternative.
David Plummer, 1401 High Street, Chairman, Historical Advisory
Commission (HAC), referred Council to HAC's letter dated July 25,
1985, providing information regarding potential grants. Mr. Plummer
stressed that it would be necessary for the City to apply for a grant
by November 1, 1985, and he urged that this be done.
President Diament inquired whether the Library Building could qualify
as a historical building without specifically designating the use for
a library. Mr. Plummer responded that the grants are awarded on the
basis of a point system, and significant points would be awarded if
the application were made for continued use of the building as a
library. President Diament stated that she would not want to make an
application that would place the City in a position of being required
to utilize the building as the library site.
August 6, 1985
56
Councilmember Lucas moved that Council send the grant announcement to
the Library Board and have them provide their comments to Council by
September in order that the November 1 deadline can be met. The
motion was seconded by Councilmember Hanna, and carried by unanimous
voice vote - 5.
85-474 From Chairman of the Historical Advisory Commission
regarding their review of Application No. E333 for City Hall
renovation.
President Diament commented that Council had read the report
submitted by the Historical Advisory Commission (HAC).
Woody Minor, HAC Member, made himself available to respond to any
questions on behalf of Councilmembers.
President Diament stated that she would like to have the architect's
response to the issues raised by the HAC, and it was noted the
architect has been on vacation.
Councilmember Monsef moved, and Councilmember Lucas seconded the
motion, that the report be accepted. The motion carried by
unanimous voice vote - 5.
85-474(a) From Chairman of the Rent Review Advisory Committee
regarding Case No. 114, 2158 Central Avenue.
It was moved by Councilmember Corica, and seconded by Councilmember
Monsef, that the report be accepted (no action required). The motion
carried by unanimous voice vote - 5.
85-475 From Police Chief regarding the Canine Program.
Jack Fink, 2137 Otis Drive, spoke in support of the Police Chief's
recommendation that the Canine Program not be reactivated. He
referred to the problems associated with the program and noted that
the City could borrow animals from other jurisdictions on the few
occasions when such are needed in Alameda.
Councilmember Corica stated that he still supported reactivating the
Canine Program and was of the opinion that the dogs would benefit the
Police force and enhance the safety of the community. He indicated
that he hoped that program can be reactivated at some time in the
future.
Councilmember Monsef moved, and Councilmember Lucas seconded the
motion, that the report and recommendation from the Police Chief
not to reactivate the Canine Program be accepted. The motion carried
by unanimous voice vote - 5.
August 6, 1985
561
RESOLUTIONS
85-476 Resolution No. 10701 "Approving Joint Powers Agreement to
establish the NIMDOTS Agency in conjunction with the Cities of
Oakland, San Leandro, Hayward, County of Alameda and Port of Oakland,
and authorizing execution thereof."
Councilmember Monsef concurred with Councilmember Hanna's concern
that the Park District was not included in the study.
Councilmember Hanna asked why the East Bay Regional Park District was
not involved in this study. The City Manager explained that the
purpose of the study is to do an analysis of transportation, and it
does not deal directly with recreational issues. However, the views
of Cal Trans, the Park District and other related entities will be
solicited although they will not be participants of the study.
Fred Scullin, 1120 Chestnut Street, objected to use of the term
"NIMDOTS" which he believed does not reveal the purpose of the study.
(NIMDOTS is the Nimitz-Doolittle Transportation Study.) He indicated
concern that the Park District had not been included in the committee.
Councilmember Hanna moved for adoption 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.
85-477 Resolution No. 10702 "Authorizing Request for Proposal
for construction of fencing of Mif Albright Par 3 Golf Course and
directing City Clerk to advertise same."
Councilmember Hanna moved for adoption of the resolution, 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.
85-478 Resolution No. 10703 "Authorizing execution of Consent to
License by Alameda Gateway, Ltd. in favor of Northern California
Power Agency for purposes of ingress and egress."
It was moved by Councilmember Lucas, and seconded by Councilmember
Monsef, that the resolution'be adopted. The motion carried by the
following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef
and President Diament - 5. Noes: None. Absent: None.
UNFINISHED BUSINESS
85-479 Consideration of nomination for appointment to the Planning
Board.
President Diament nominated Arthur Whitehair for appointment to the
Planning Board, and the nomination was seconded by Councilmember
Lucas, and carried by unanimous voice vote - 5.
August 6, 1985
5 62
NEW BUSINESS
85-479(a)
President Diament announced the resignation of Alice Wistort from the
Rent Advisory Committee and asked for suggestions from Councilmembers
regarding appointment of a replacement on this committee.
ADJOURNMENT
There being no further business to come before the Council, President
Diament adjourned the meeting at 11:45 p.m. The next regular Council
meeting was scheduled for August 20, 1985.
Respectfully submitted,.
kya,t, ,f c
Diane B. Felsch
City Clerk
August 6, 1985